Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - November 12, 2015
November 12, 2015 - Planning Commission Meeting
Agenda Item #7

Ordinance 15-43 Impact Fee Ordinance Update


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


Sharla Fouquet, Impact Fee Program Manager,
Financial Management Department
(941) 748-4501, Ext. 3966

Action Requested
Based upon the staff report, vidence 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 Planning Commission.  

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.  This will guard against another surplus of administrative charges being built up.

  • 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 fees 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.

If impact fees are adopted at 100% of the levels recommended by the latest fee study, residential impact fees (i.e., impact fees for Law Enforcement, Libraries, Multimodal Transportation Facilities, Parks and Natural Resources, and Public Safety) will increase by anywhere from $586 to $3,147, depending on the size of the given dwelling unit and the transportation benefit district in which it is located.  Non-residential impact fees (which will exclude Library and Parks impact fees) will increase by anywhere from $760 to $1,252 per 1,000 square feet, again depending on the transportation benefit district.

Staff recommends that the Planning Commission approve the Impact Fee Study and proposed Ordinance 15-43 as consistent with the Manatee County Comprehensive Plan.  Staff further recommends that the new fee study and fee schedule be adopted and become effective April 1, 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.  

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:  Attch 1 Staff Report.pdf
Attachment:  Attch 2 2015 MCG IFs Update Ord v3 (PC).pdf
Attachment:  Attch 3 Draft Fee Study.pdf
Attachment:  Attch 4 TischlerBise Presentation.pdf
Attachment:  Attch 5 Newspaper Ads.pdf