Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 21, 2016
June 21, 2016 - Regular Meeting
Agenda Item #47

Ordinance 16-32 - Amending Code of Ordinances Related to School Impact Fees

Briefing Provided Upon Request

Contact and/or Presenter Information

   Dan Schlandt, Deputy County Administrator, 
   941-748-4501, ext. 3732

   John Osborne, AICP, Planning Official, 941-748-4501, ext. 6825

   Bobbi Roy, Planning Coordinator, 941-748-4501, ext. 6878

Action Requested


Based upon the staff report, evidence presented, comments made at the Public Hearing, the action of the Planning Commission, and finding the request to be CONSISTENT with the Manatee County Comprehensive Plan and in accordance with Section 341 of the Land Development Code, I move to ADOPT Manatee County Ordinance 16-32, amending the Manatee County Code of Ordinances, as amended, as recommended by the Planning Commission.

Enabling/Regulating Authority

In the state of Florida, impact fees are regulated by the Florida Impact Fee Act, which was enacted by the Florida Legislature in June, 2006. Based on that act, the Manatee County Comprehensive Plan has policies allowing the use of impact fees as a means of establishing and paying for future development's proportionate cost of capital improvements for public facilities necessary to maintain adopted levels of service. The Manatee County Land Development Code Chapter 11, Impact fees, provides the implementation language for the establishment and use of impact fees in unincorporated Manatee County.

Background Discussion
  • On November 10, 2015, the Manatee County School Board adopted Resolution 15-08, which accepted their new impact fee study and transmitted the resolution to Manatee County Government with a request to implement their impact fees consistent with the resolution.
  • One of the provisions requested by the School Board was to gradually implement the impact fees up to their maximum allowable rate.  The education impact fee was requested to be at 50% of the maximum rate as of  April 18, 2016 and then rise to 75% the next year and then to 100% the year after.
  • Another provision requested by the School Board in Resolution 15-08 was a requirement that education facilities impact fees remain at 50% of the maximum allowable rate if the electors of Manatee County approve a half-cent sales tax surtax to fund school construction.
  • On January 7, 2016, Manatee County Government adopted Ordinance 16-03, Educational Facility Impact Fees, consistent with the School Board's resolution.
  • On Tuesday, May 24, 2016, the Manatee County School Board approved Resolution 16-02 which requests Manatee County Government to delete Subsection 4 of Section 2-29-85, Chapter 29, Article II, of the County's Code of Ordinances. Deleting this subsection will eliminate the provision to keep the education facilities impact fees  at 50% should a half-cent sales surtax be approved by the voters of Manatee County.
  • On June 9, 2016, by a vote of 7 - 0, the Planning Commission recommended approval of Ordinance 16-32. Norm Nelson spoke at the June 9, 2016 Planning Commission public hearing in support of the proposed change, stating this is concerning a lot of money and as it is currently conditioned, it is taking away potential money to build new schools.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

The Ordinance was reviewed by William Clague, Assistant County Attorney.

Reviewing Attorney

Instructions to Board Records
Please forward a copy of the executed document to bobbi.roy@mymanatee.org

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Ordinance 16-32 - School Impact Fees Text Amendment (v2).pdf
Attachment:  Copy of Newspaper Advertising - Ordinance 16-32 - Bradenton Herald - 6-21-2016 BCC.pdf
Attachment:  Copy of Newspaper Advertising - Ordinance 16-32 - Sarasota Herald Tribune - 6-21-2016 BCC.pdf
Attachment:  Resolution 16-02.pdf