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Agenda 12/09/2014 Item # 11D 12/9/2014 11 .D. EXECUTIVE SUMMARY Recommendation to provide direction to replace the Fiscal Impact Analysis Model with an alternative approach for estimating projects' fiscal impacts on public facilities and services; and, provide direction to initiate necessary amendments to the Land Development Code and the Future Land Use Element of the Growth Management Plan. OBJECTIVE: For the Board of County Commissioners (Board) to review the attached White Paper on the Fiscal Impact Analysis Model (FIAM) and alternative approaches, and consider providing the staff-recommended direction. CONSIDERATIONS: The Future Land Use Element of the Growth Management Plan requires Stewardship Receiving Areas (SRA) within the Rural Lands Stewardship Area Overlay and Rural Villages within the Rural Fringe Mixed Use District to be fiscally neutral to the County tax base. Presently, the Board-adopted FIAM is required for the evaluation of public facilities and services impacts for both SRA and Rural Village development. To date, there have been no Rural Villages approved within the County, and the Town of Ave Maria is the only approved SRA. As required by the Growth Management Plan and Land Development Code regulations, a FIAM for the Ave Maria SRA was submitted to the County for review and subsequently approved by the Board in 2005 as part of the approval of the SRA. At the time of the original Ave Maria SRA approval, at least one Commissioner expressed concerns about the validity of the FIAM. During the required five-year review of the Ave Maria SRA, multiple Board members expressed concerns about the FIAM's ability to accurately estimate costs and revenues resulting from the project's ongoing development. Based upon these concerns and recognizing at least one additional SRA application is expected to be submitted to the County in the near future, which would be subject to this FIAM requirement, the Growth Management Division Administrator directed staff to research fiscal impact models/methodologies used in other Florida counties and to look at alternatives to the FIAM. Over a period of+8 months, staff prepared and distributed a survey to the other 66 counties in Florida soliciting their use of fiscal impact and economic tools; spoke with the staff of those counties that have specific fiscal neutrality requirements within their comprehensive plans; traveled to Charlotte County for a demonstration on a fiscal/economic model that is currently being used by that county and other Florida counties; conducted research of other counties that use fiscal modeling; and, held internal discussions about fiscal impact analysis methodologies. Staff discussed and narrowed the various options: (1) retain the FIAM; (2) use a model being used by another jurisdiction; or, (3) utilize a Developer Contribution Agreement (DCA) with criteria to be established. While staff believes the FIAM remains a valuable planning tool, it must be updated annually which requires extensive staff time, and staff must be trained in its use and certified —which requires expense and time. Use of other models also require staff training and annual updating, or reliance upon a contracted economist; also, it is staff's perception that the Board may not endorse another model which comprises similar complexities, data inputs and Packet Page-555- 12/9/2014 11 .D. calculations as the FIAM. A DCA is a tool that is far less complex than the various models, thus easier to understand; can be vetted through the public hearing process; and, the Board has experience and familiarity reviewing these documents. FISCAL IMPACT: The fiscal impacts are the costs associated with preparation of the necessary amendments to the GMP and the LDC, and provision of the required public notice. Existing staff will prepare the necessary amendments which are expected to be included within existing scheduled cycles of amendments. GROWTH MANAGEMENT PLAN (GMP) IMPACT: There are no GMP impacts resulting from the requested action. LEGAL CONSIDERATIONS: This item is approved as to form and legality. It requires a majority vote for approval. [SAS] RECOMMENDATION: To direct staff to initiate amendments to: FLUE Policy 4.18 to replace the specific reference to a "fiscal impact analysis model" with a more general reference to the County's method for evaluating fiscal neutrality; and, LDC Section 4.08.07, to replace the Fiscal Impact Analysis Model and its criteria with a requirement for a Developer Contribution Agreement with criteria. Prepared by: Michele Mosca, AICP, Principal Planner, Comprehensive Planning Section, Planning and Zoning Department, Growth Management Division/Planning and Regulation Attachments: Fiscal Impact Analysis Model White Paper Packet Page-556- 12/9/2014 11 .D. COLLIER COUNTY Board of County Commissioners Item Number: 11.11.D. Item Summary: Recommendation to provide direction to replace the Fiscal Impact Analysis Model with an alternative approach for estimating projects'fiscal impacts on public facilities and services; and, provide direction to initiate necessary amendments to the Land Development Code and the Future Land Use Element of the Growth Management Plan. Meeting Date: 12/9/2014 Prepared By Name: MoscaMichele Title:Planner,Principal, Comprehensive Planning 11/13/2014 6:13:06 PM Submitted by Title: Planner, Principal, Comprehensive Planning Name: MoscaMichele 11/13/2014 6:13:07 PM Approved By Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 11/14/2014 11:57:57 AM Name: BosiMichael Title: Director-Planning and Zoning, Comprehensive Planning Date: 11/19/2014 9:46:47 AM Name: CasalanguidaNick Title: Administrator-Growth Management Div,Business Management&Budget Office Date: 11/23/2014 10:28:29 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 11/26/2014 10:14:23 AM Packet Page-557- 12/9/2014 11 .D. Name: KlatzkowJeff Title: County Attorney, Date: 11/26/2014 1 0:59:19 AM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 12/1/2014 8:48:30 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management Date: 12/1/2014 11:24:11 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 12/1/2014 1:31:41 PM Packet Page -558- 12/9/2014 11 .D. Fiscal Impact Analysis Model White Paper Purpose: The purpose of this paper is to: (1) discuss the County's use of the Fiscal Impact Analysis Model (FIAM) for determining development impacts on public facilities and services; (2) address the use of fiscal impact analysis modeling within other Florida jurisdictions; (3) identify alternative methodologies to address the fiscal neutrality requirement for projects located within the Rural Land Stewardship Area (RLSA) Overlay and within the Rural Fringe Mixed Use District (RFMUD) of the Future Land Use Element of the Collier County Growth Management Plan; and, (4)provide recommended alternative to the FIAM. Background: The Establishment of the Fiscal Impact Analysis Model(FIAM) The Growth Management Act of 1985 required local governments to adopt comprehensive plans that were financially feasible and included concurrency management.systems — with acceptable adopted levels of service for potable water, sanitary sewer, drainage, parks, solid waste and transportation—to ensure that needed infrastructure to support development was available when the impacts of development occurred. Generally, under the concurrency management system, if required public facilities and services were not available at the time of new development then the development could not proceed. In July of 2000, the Growth Management Study Commission was appointed to address various growth management issues within the State. One of many significant issues addressed by the Commission was the coordination of future land use plans with infrastructure planning and budgeting. The Commission believed concurrency was flawed and an inadequate tool for managing growth. In 2001, The Growth Management Study Commission issued a Final Report which included recommendations for the establishment of a uniform methodology to evaluate the costs and benefits of local land use decisions. The creation of a uniform methodology was viewed as an improved approach to concurrency management for local governments' decision making and accountability, and for measuring the costs and impacts of new development compared to the revenues generated and benefits created. In 2002,the Department of Environmental Protection contracted with Fishkind and Associates of Orlando to establish a uniform statewide fiscal impact analysis model to measure public facilities and services impacts created by new development. Fishkind and Associates developed the Fiscal Impact Analysis Model (FIAM) for local governments to use as a tool to improve land use decisions based on true project costs. The FIAM is an Excel-based model that estimates the costs and revenues associated with development using a modified per capita approach. The Model is location specific, utilizing community data, such as budgets, impact fees,population figures,visitor estimates, etc. Page I 1 Packet Page-559- 12/9/2014 11 .D. FIRM in Collier County The Board of County Commissioners approved the use of the FIAM in October of 2007 as a supplemental planning tool to address the fiscal neutrality requirements of the Future Land Use Element (and Land Development Code) for Stewardship Receiving Areas (SRA) located within the RLSA and Rural Villages located within the RFMUD of the Future Land Use Element of the Growth Management Plan. The specific fiscal neutrality requirements for these developments are provided below. The RLSA —Stewardship Receiving Area (RLSA Policy 4.18 of the Future Land Use Element) • The Stewardship Receiving Area will be planned and designed to be fiscally neutral or positive to Collier County at the horizon year based on a cost/benefit fiscal impact analysis model acceptable to or as may be adopted by the County. The BCC may grant exceptions to this policy to accommodate affordable-workforce housing, as it deems appropriate. Techniques that may promote fiscal neutrality such as Community Development Districts, and other special districts, shall be encouraged. At a minimum, the analysis shall consider the following public facilities and services: transportation, potable water, wastewater, irrigation water, stormwater management, solid waste, parks, law enforcement, and schools. Development phasing, developer contributions and mitigation, and other public/private partnerships shall address any potential adverse impacts to adopted levels of service standards. The RFMUD Receiving Lands—Rural Village (Rural Fringe Mixed Use District of the Future Land Use Element) • A Rural Village may only be approved after demonstration that the Village will be fiscally neutral to county taxpayers outside of the Village. An analysis shall be conducted and submitted in conjunction with the PUD rezone and/or DRI application evaluating the demand and impacts on levels of service for public facilities and the cost of such facilities and services necessary to serve the Rural Village. This evaluation shall identify projected revenue sources for services and any capital improvements that may be necessary to support the Village. Additionally, this analysis shall demonstrate that the costs of providing necessary facilities and services shall be fiscally neutral to County taxpayers outside of the Village. At a minimum, the analysis shall consider the following: stormwater/drainage facilities; potable water provisions and facilities; reuse or "grey" water provisions for irrigation; central sewer provisions and facilities; park facilities; law enforcement facilities; school facilities; roads, transit, bicycle and pedestrian facilities and pathways; and solid waste facilities. Development phasing and funding mechanisms to address any impacts to level of service in accordance with the County's adopted concurrency management program. Accordingly, there shall be no degradation to the adopted level of service for public facilities and infrastructure identified above. Survey of Florida Counties' Use of Fiscal Impact Analysis Tools: Staff conducted a survey of the other 66 counties in Florida to determine their use of economic tools and/or fiscal impact analysis tools for evaluating land use petitions for fiscal or overall benefits to their respective county. Of the 66 counties surveyed, 25 counties responded (37%), and of those counties, only 3 evaluated projects' fiscal impacts on public facilities and services. Page 12 Packet Page -560- 12/9/2014 11 .D. • Charlotte County (fiscal impact analysis conducted on economic development projects only) and Hardee County use Impact DataSource — a fiscal impact analysis tool customized for each respective county; and • Sarasota County allows developers to submit a fiscal impact analysis/methodology of their choice that is reviewed and evaluated by an independent economist selected by the County. Note: County staff met with Charlotte County staff to view the Impact DataSource model. The Model is designed exclusively for Charlotte County based on their budget information and other county-specific data. The Model is Excel-based, estimates indirect economic effects, estimates local government revenues and costs, and integrates economic and fiscal impact analyses. As a follow-up to the Charlotte County meeting, staff contacted the developers of the Impact DataSource Model. The Texas based company develops customized models for public or quasi- public entities, including cities, counties, states and economic development councils (EDC). Their client list in Florida includes: Charlotte County, Hardee County, City of Clearwater, Metro Orlando EDC, City of Ormand Beach, Osceola County, City of North Port and Sarasota County. Fiscal Neutrality Requirement within other Florida Comprehensive Plans: In addition to the two fiscal neutrality provisions required for projects located within Collier County's RLSA and RFMUD, staff was able to find only two other counties that have fiscal neutrality regulations within their comprehensive plans— Sarasota County and Volusia County. Sarasota County requires a fiscal neutrality evaluation for projects located within the boundaries of their Sarasota 2050 Plan. Similar to Collier's two rural lands programs, their Plan provides for compact development, preservation of environmentally sensitive lands and open space, and requires development to be fiscally neutral to their taxpayers. To address the fiscal neutrality requirement, Sarasota County allows developers to submit a fiscal impact analysis methodology of their choice that is reviewed and evaluated for fiscal impacts by an independent economist selected by the County. Volusia County requires a fiscal neutrality evaluation for projects located within the boundaries of their Farmton Plan. The Farmton Plan is a long-term planning initiative that provides for sustainable development and preservation of environmentally sensitive lands, relies on Smart Growth techniques for development, and requires infrastructure to be privately funded. To address the fiscal neutrality requirement, Volusia County staff worked closely with an Orlando based consultant to develop a fiscal neutrality checklist. The checklist will be used for each submittal and refined as needed on a case-by-case basis. Concerns with the FIAM: Certain counties and cities involved in the State's initial rollout of the FIAM have since discontinued the use of the Model as a fiscal tool within their respective jurisdictions. The reasons provided for discontinuing the use of the Model varied from one jurisdiction to another. However, some common concerns raised by FIAM users included: (1) Model calibration requires manual input of large amounts of data; (2) calibrated Model requires rigorous testing by Page 13 Packet Page-561- 12/9/2014 11.D. the analyst; (3) limited opportunities for training and certification; (4) uncertainty concerning use of the Model and its outputs; (5) open-code format; (6) time and expense required for annual updates; and, (7) Model lacks economic analysis component. Collier County staff's concerns regarding the FIAM are similar to those expressed by the other Florida jurisdictions. In particular, the limited use of the Model only for SRAs and Rural Villages raises the question of whether the benefits of using the Model outweigh the costs to maintain it and train staff. Additionally, the Board of County Commissioners has expressed concerns about the Model's validity, including its open-code format. Alternative Models: In addition to the aforementioned survey, research conducted by staff indicates that there are a variety of fiscal and economic models being used in Florida for the purpose of evaluating projects for their economic and/or fiscal impacts. Further, many jurisdictions use a single model that provides both economic and fiscal outputs. Or, in some instances,jurisdictions rely solely on an economic model to determine the project's overall benefit to a community, or use a fiscal impact analysis model/methodology to determine fiscal impacts only. Some of the models below are capable of evaluating projects for both economic and fiscal impacts. Research indicates the commonly used economic and fiscal impact models in Florida include, but are not limited to: RIMS II IMPLAN REMI WebLOCI Quick Impact Policy Insight and Total Impact Type of model Input/output Static input- Regional Fiscal Impact Economic&Fiscal multipliers only output modeling economic& Impact Policy modeling Geography Counties,states Counties,states, Multi-county Counties& Counties,cities& regions zip codes regions& states cities states Estimates indirect No,but Yes Yes Yes(not Yes Economic effects multipliers can primary be used to do so function) Estimates local gov't No No No Yes Yes revenues and costs Incentives analysis No No No Yes Yes (return,payback period) Calculates net No No No Yes Yes present value Format Viewer file or Desktop Desktop Web-based Excel-based spreadsheet application application application application Major strengths/ Affordable& Level of Robust Provides Integrates advantages accessible industry detail; forecasting& detailed cost economic and multi region policy analysis estimates fiscal impact modeling capability analyses Limitations No built-in Ignores dynamic Expensive& Requires Lack of industry modeling changes in complex input of large detail &advanced economy over amounts of modeling time data capability Vendor U.S.Bureau Minn.IMPLAN Regional GA Tech. Impact DataSource Economic Group,Inc Economic Innovation Analysis Models,Inc. Institute Source:The University of North Carolina at Chapel Hill,School of Government Page 14 Packet Page-562- 12/9/2014 11 .D. Conclusions: The requirement for development to be fiscally neutral to the County's tax base remains vital to sustained growth in Collier County. In order to ensure that there is an appropriate linkage between infrastructure planning and budgeting, and the County's future land use plans, the County should continue to require fiscal neutrality evaluations for projects located within the RLSA and RFMUD. However, based on staffs research, it is evident that there is no standard methodology or approach throughout the State of Florida for conducting fiscal impact analysis modeling for developments to determine their public facilities and services impacts on their respective jurisdictions. The various models listed on page 4 also generate some of the same concerns as for the FIAM. Staff discussed the various options: (1) retain the FIAM; (2) use a model being used by another jurisdiction; or (3) utilize a Developer Contribution Agreement (DCA) with criteria to be established. While staff believes the FIAM remains a valuable planning tool, it must be updated annually which requires extensive staff time, and staff must be trained in its use and certified — which requires expense and time; further, it is clear that generally the Board does not endorse the use of the FIAM. Use of other models also require staff training and annual updating, or reliance upon a contracted economist; also, it is staffs perception that the Board may not endorse another model which comprises similar complexities, data inputs and calculations as the FIAM. A DCA is a tool that is far less complex than the various models, thus easier to understand; can be vetted through the public hearing process; and, the Board has experience and familiarity reviewing these documents. Recommended Course of Action: That the FIAM requirement be removed from the GMP and LDC and be replaced with the requirement for a publically vetted DCA, with criteria to be established — including performance standards, and a five-year re-evaluation requirement. Page 15 Packet Page-563-