Manatee County Government Administrative Building First Floor, Chambers December 3, 2015 - 9:00 a.m.
December 3, 2015 - Land Use Meeting
Agenda Item #14

Ordinance 15-43 Impact Fee Ordinance Update - 9:00 AM Time Certain


Contact and/or Presenter Information
John Osborne, AICP, Planning Official,
Building and Development Services Department
(941) 748-4501, Ext. 6825

Action Requested
Based upon the staff report, evidence presented, comments made at the Public Hearing, and finding the request to be CONSISTENT with the Manatee County Comprehensive Plan, and CONSISTENT with the general purpose and standards of Section 8 of the Manatee County Land Development Code, I move to recommend ADOPTION of Manatee County Ordinance 15-43, as recommended by staff.

Enabling/Regulating Authority
Federal/State law(s), administrative ruling(s), Florida Impact Fee Act, Manatee County Comprehensive Plan, Land Development Code, ordinances, resolutions, policy

Background Discussion
In May 2015, in accordance with the Florida Impact Fee Act, and with Section 1108.9. of the Land Development Code, which requires that impact fees be reviewed at least once every five (5) years, the County contracted with the TischlerBise consulting firm to perform a new impact fee study and develop a proposed new fee schedule based on said study. That study is now being presented to the Board of County Commissioners. 

In addition to updating the calculation of impact fees charged for new development, the TischlerBise study recommends a series of changes to Manatee County’s policies and procedures regarding the assessment and collection of impact fees. Those changes include the following:

  • A new library impact fee is proposed. This fee will help to fund the expansion of library facilities in unincorporated Manatee County, including in eastern Manatee County, where increased growth is straining the capacity of existing infrastructure.
  • The reinstatement of an impact fee administrative surcharge is proposed. This surcharge was suspended in February 2007, as the percentage-based surcharge levied for some period prior to that date had resulted in an accumulated surplus, which has since been exhausted. The new impact fee administrative surcharge, as is required by the Florida Impact Fee Act, will be based on actual administrative costs rather than on a percentage of total impact fees assessed.  
  • Where impact fees developed and assessed by Manatee County in the past have been based on an incremental cost approach, the new impact fee study recommends that some fees be at least partially calculated using a plan-based approach. Therefore, the projected cost of planned capital improvements to Law Enforcement, Public Safety, and Multi-Modal Transportation facilities will be factored into the recommended impact fees.
  • While the Law Enforcement and Public Safety impact fees will blend elements of the incremental expansion and plan-based fee calculation methods, the Multi-Modal Transportation impact fee will be based entirely on the plan-based method. 
  • A change to the County’s procedures for assessing new residential dwelling units is recommended. In the past, residential impact fees were based on the type of dwelling unit (i.e., single-family residential, townhouse/duplex, multi-family, or mobile home) and the number of bedrooms therein. The new impact fee study recommends that residential dwelling units be assessed based solely on interior square footage, that is, the square footage of the air-conditioned living space within the unit. 
  • Finally, for over 10 years the County has assessed a uniform transportation impact fee in all four (4) of its road/transportation benefit districts. The new impact fee study recommends that the County adopt a fee schedule in which the Multi-Modal Transportation Impact Fees vary by district. The variation of fees from district to district will be based on the projected cost of planned capital improvements within each district.
Staff recommends that the Board of County Commissioners approve the Impact Fee Study and proposed Ordinance 15-43 as consistent with the Manatee County Comprehensive Plan. Fees proposed in the ordinance are recommended at 90% of the amount in the Tischler Bise study. Staff further recommends that the new fee study and fee schedule be adopted and become effective April 18, 2016. This latter recommendation is based on the Florida Impact Fee Act, which stipulates that “notice be provided no less than 90 days before the effective date of an ordinance or resolution imposing a new or increased impact fee.” 

Ordinance 15-43, which will implement the changes recommended here, has been drafted by William Clague, Assistant County Attorney, in conjunction with White & Smith Planning & Law Group, a consulting firm that has partnered with TischlerBise to assist the County in developing and implementing a new impact fee study/schedule.

This Land Development Code change requires that one public  hearing be conducted before the Planning Commission, and that one public hearing be conducted before the Board of County Commissioners.  On November 12, 2015, by a vote of 6 – 0, the Planning Commission recommended APPROVAL, with comments as noted in the attached Staff Report. 

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Ordinance 15-43 drafted by William Clague, Assistant County Attorney

Reviewing Attorney

Instructions to Board Records

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Staff Report - Nov 24 2015.pdf
Attachment:  2015 County Impact Fees Update Ordinance v4 (Board).pdf
Attachment:  Dec 3 2015 Impact Fee Study Final.pdf
Attachment:  TischlerBise Presentation 12-3-2015 BCC Mtg.pdf
Attachment:  Copy of Ad - Impact Fee LDC Amendment - Ord 15-43 - Brad Herald - 12-3-15.pdf
Attachment:  DPFG Impact Fee Study Eval 11-11-2015.pdf
Attachment:  Chamber of Comm 11-19-15 Recommendation Re New Impact Fees.pdf
Attachment:  Public Comment - Donna Mulig.pdf
Attachment:  Public Comments - Stuart Smith.pdf
Attachment:  Public Comment Kent Greene.pdf
Attachment:  Public Comments - Ed Goff.pdf
Attachment:  Historical Impact Fees V3 12-3-2015.pdf