|Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - December 3, 2013|
Agenda Item #11
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
Contact and/or Presenter Information
Impact Fee Program Manager
748-4501, Extension 3966
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)
MANATEE COUNTY COMPREHENSIVE PLAN 5.1 TRAFFIC CIRCULATION ELEMENT / FUTURE MAJOR ROADWAYS / LAND DEVELOPMENT CODE CHAPTER 8 / IMPACT FEES SECTION 807 / CREDITS
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:
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.
Instructions to Board Records
Please send certified copies of all executed documents to:
Cost and Funds Source Account Number and Name
Amount and Frequency of Recurring Costs
180-0000000-363240, North East Roads Impact Fees
Attachment: CREDIT AUTHORIZATION CA-08-07(T).pdf
Attachment: FINAL AUTHORIZATION OF CREDIT CA-08-07(T).pdf
Attachment: Refund Request Pkg.pdf