Loading...
Agenda 05/27/2008 Item #16B 2 Agenda Item No. 1662 May 27, 2008 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners direct staff to amend Chapter 74 of the Collier County Code of Law and Ordinances, as amended, the same being the Collier County Consolidated Impact Fee Ordinance and/or amend the Alternative Study Guidelines contained in the Administrative Procedures Manual for the Collier County consolidated impact fee ordinance. OBJECTIVE: The Board of County Commissioners direct staff to amend Chapter 74 of the Collier County Code of Laws and Ordinances, as amended, the same being the Collier County Consolidated Impact Fee Ordinance, as amended and amend the Alternative Study Guidelines. CONSIDERATIONS: Collier County has used impact fees as a funding source for growth- related transportation capital improvements since October 7, 1985. Over time, studies have been conducted to update these fees to reflect the current level of service and up-to-date costs to provide transportation related public facilities. The latest study was completed in 2007; however, the new rates didn't take effect until January 2008. The impact fee ordinance contains provisions for alternative impact fee studies. The intent of the alternative impact fee study provision is to allow a remedy for applicants to reconcile impact fees to be consistent with the site impacts of the project. On occasion there are businesses which do not generate impacts that are consistent with the rate categories as outlined in our impact fee schedule. ~ Since the increase in impact fees in January, there have been two formal applications and three pending applications for alternative impact fee studies. The two formal applications are expected as the categories are not typically reflected in the impact fee schedule. The three pending applications are all typical categories as reflected in our ordinance, such as fast food restaurants, banks and hotels. Staff is concerned that alternative impact fee studies for existing typical categories could have a significant repercussion to the impact fee program. Additionally, studies conducted during off peak times and in an economic slowdown do not accurately reflect project impacts. We have conferred with our impact fee consultant to review best practices and procedures throughout the State of Florida and they have recommended that our ordinance is modified to include the recommendation in the attached memorandum and appropriate fees are set to offset the review and analysis of the studies. GROWTH MANAGEMENT IMPACT: Impact fees are consistent with the Growth Management Plan (GMP) and are designed to provide adequate funding for capital improvements to transportation-related public facilities as indicated by the Capital Improvement Element of the GMP. FISCAL IMPACT: Failure to update best practices in the impact fee ordinance may result in a decrease in collections and funding for infrastructure improvements. (' Agenda Item No. 1682 May 27,2008 Page 2 of 6 RECOMMENDATION: That the Board of County Commissioners direct staff to amend Chapter 74 of the Collier County Code of Law and Ordinances, as amended, the same being the Collier County Consolidated Impact Fee Ordinance and/or amend the Alternative Study Guidelines contained in the Administrative Procedures Manual for the Collier County consolidated impact fee ordinance consistent with the recommendations in the attached memorandum by Tindale-Oliver and to include a requirement for a five year follow up revIew. Prepared by: Nick Casalanguida, Transportation Planning Director Attachment: Tindale-Oliver & Associates, Inc., Memorandum ,......~., Page I of2 Agenda Item No. 16B2 May 27,2008 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1682 To receive approval from the Board of County Commissioners (BeG) to amend Chapter 74 of the Collier County Code of Laws and Ordinances, Consolidated Impact Fee Ordinance with respect to the way Alternative Impact Fee Studies are conducted. Meeting Oate: 5/27/2008 90000 AM Prepared By Nick Casalanguida MPO Director Date Transportation Services . Transportation Planning 5/9/20084:46:21 PM Approved By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 5/9/2008 4 :43 PM Approved By Amy Patterson Community Development & Environmental Services Impact Fee Manager Date Financial Admin. & Housing 5/12/200811:28 AM (-- Approved By -Norm E. Feder, Ale? Transportation Division Administrator Date Transportation Services Transportation Services Admin. 5/13/20083:52 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 5/14/20089:42 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 5/15/20085:06 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 5/16/20088:55 AM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 5/16/20089:12 AM Approved By (-- I Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/16/2008 12:33 PM file://C:\AgendaTest\Export\l 08-May%2027 ,%202008\ 16.%20CONSENT%20AGENDA \1... 5/21/2008 Page 2 of2 Agenda Item No. 16B2 May 27, 2008 Page 4 of 6 Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 51171200811 :46 AM file:IIC:\AgendaTest\Export\1 08-May%2027,%202008\ 16.%20CONSENT%20AGENDA \ 1... 5/21/2008 Agenda Item No. 1682 May 27, 2008 Page 5 of 6 ~ Tindale-Oliver & Associates, Inc. Memo To: Nick Casalanguida From: Steve Tindale Date: 5/8/08 Re: Collier County - Independent Study Approach In reference to our discussion regarding the recent requests for independent studies, the following paragraphs summarize our thoughts/suggestions. ('- It is understandable that as the impact fees increase, for those few land uses with high impact fees, there will be more requests for independent studies since the cost of a study becomes relatively minor compared to the impact fee. The Impact Fee Ordinance includes provisions on when and how independent studies could be conduced and adopts the Impact Fee Administrative Manual that includes the specific methodology and guidelines that need to be followed while conducting Independent studies. TOA is in the process of updating the Administrative Manual. Given that the County is experiencing an increase in requests to conduct independent studies since the latest increase in impact fees, we recommend the following: . The Administrative Manual should be amended to clarify that, to be accepted by the County staff, the independent study results need to be statistically different from the figures used to calculate the impact fee schedule. Given that trip characteristics variables used to calculate impact fee demand component are averages for any given land use, it is unreasonable to expect each independent study to replicate exact figures included in the fee schedule. . The Administrative Manual should specify which months are representative of average traffic levels in Collier County and that the independent studies should be completed during these months. I'" ! ' . The Administrative Manual should clarify that if the studies indicate a higher impact fee than what is included in the impact fee schedule, the developer will be required to Tindale-Oliver & Associates, Inc. May 8, 2008 Collier County Independent Study Process Agenda Item No. 1662 May 27, 2008 Page 6 of 6 pay the higher fee. . As the number of requests for independent studies Increases, it may be beneficial for the County to use services of the County's consultants retained through its General Planning Contract to conduct these studies. This will result in a more consistent approach and will reduce the increased work load for the County staff due to a higher number of independent studies. The developers need to pay the County for the cost of the study. This will also reduce the overall cost of the studies for the developers since when they retain consultants directly: they also have to pay for the County's consultant to review the studies. We hope these recommendations are helpful. If you have any questions, please feel free to contact me. Tindale-Oliver & Associates, Inc. May 8. 2008 2 Collier County Independent Study Process