www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - December 3, 2013
REVISED December 3, 2013 - Regular Meeting
Agenda Item #11


Subject
Medallion Home at Gamble Creek, LLC - Credit Authorization-Final Authorization of Credit CA-08-07-T - Refund of Road Impact Fees Paid by Medallion Home in Gamble Creek Estates Development, Per Impact Fee Credit Authorization CA-08-07-T

Briefings
None

Contact and/or Presenter Information
Sharla Fouquet,
Impact Fee Program Manager
748-4501, Extension 3966

Action Requested
Authorization for the Chairman to execute Credit Authorization CA-08-07(T)

Authorization for the Chairman to execute Final Authorization of Road Impact Fee Credit in the amount of $66,496.20 for dedication of right-of-way on Golf Course Road, per Credit Authorization CA-08-07(T)

Approval of refund of road impact fees, totaling $66,496.20, paid by Medallion Home at Gamble Creek, per Impact Fee Credit Authorization CA-08-07(T)




Enabling/Regulating Authority
MANATEE COUNTY COMPREHENSIVE PLAN 5.1 TRAFFIC CIRCULATION ELEMENT / FUTURE MAJOR ROADWAYS / LAND DEVELOPMENT CODE CHAPTER 8 / IMPACT FEES SECTION 807 / CREDITS

Background Discussion
Chapter 8, Section 807 of the Manatee County Land Development Code provides for authorization by the Board of County Commissioners for Impact Fee Credits for contributions, payments, construction, or dedications made to Manatee County against applicable components of impact fees.

In late 2009, Medallion Home at Gamble Creek acquired the Gamble Creek Estates development, located in northeastern Manatee County, from Weatherstone Development.  As part of the acquisition, Weatherstone assigned to Medallion any future rights to an as-yet unapproved impact fee credit application, CA-08-07(T), which Weatherstone had submitted to Manatee County via plat on June 21, 2007.  

The right-of-way dedication prompting Weatherstone’s impact fee credit application consisted of three (3) parcels located on Golf Course and Spencer Parrish Roads.  In their application, Weatherstone requested road impact fee credit for the full value of these three parcels, which they estimated at $130,000.00.  

Because of a number of factors, including County staff’s demurral regarding the total value of the road impact fee credit to which Weatherstone was entitled , and Weatherstone’s subsequent financial difficulties, no formal response was ever made to their initial impact fee credit application.  However, in 2009, Medallion Home requested that the County reconsider said application.

After extensive research and consultation, County staff concluded that Weatherstone’s right-of-way dedications were only partially creditable under the terms of the Land Development Code, which stipulates that impact fee credits may only be granted in exchange for non-site-related improvements to capital roads facilities.  In the case of the Weatherstone dedications, it was determined that the non-site related sections of the donated right-of-way entitled their owner to road impact fee credits totaling $66,496.20.  

The offer of $66,496.20 worth of road impact fee credit was challenged by Medallion Home, which eventually led to a legal dispute between them and Manatee County.  As part of the settlement of that dispute, which will be presented and considered later in this meeting, both parties have agreed that:

  • Manatee County will award $66,496.20 in road impact fee credit to Medallion Home.
  • Manatee County will also permit Medallion Home to redeem the full amount of said credit via refunds of road impact fees already paid on Medallion permits that have been issued in the Gamble Creek Estates development.


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
The Manatee County Attorney's Office is coordinating the overall settlement of the legal dispute related to this impact fee credit.  As part of said settlement, staff has been directed to present both the authorization of impact fee credits and the refund of road impact fees to the Board at this time.  Additional details regarding the settlement will be presented to the Board later during this meeting by the County Attorney's Office.

Reviewing Attorney
N/A

Instructions to Board Records
Please send certified copies of all executed documents to:

  • Sharla Fouquet, Financial Management Department (County Administration Building, 9th Floor).
  • Kathy Cremaschi, Accounting Manager, Finance Department (Manatee County Clerk of Courts)
Also, please send stamped, approved refund request package to Kathy Cremaschi, Accounting Manager, Finance Department (Manatee County Clerk of Courts), and a digital copy of same to Sharla Fouquet (sharla.fouquet@mymanatee.org), Financial Management Department (County Administration Building, 9th Floor).


Cost and Funds Source Account Number and Name
$66,496.20

Amount and Frequency of Recurring Costs
180-0000000-363240, North East Roads Impact Fees


Attachment:  Assignment.pdf
Attachment:  CREDIT AUTHORIZATION CA-08-07(T).pdf
Attachment:  FINAL AUTHORIZATION OF CREDIT CA-08-07(T).pdf
Attachment:  Refund Request Pkg.pdf