SUBJECT
title
Public Hearing to consider adoption of an ordinance amending and restating Polk County Ordinance 2019-056, the Polk County Amended and Restated Comprehensive Impact Fee Ordinance, for the purpose of imposing updated rates for Emergency Medical System (EMS), Correctional Facilities, Transportation, Educational System, Library, Park, Fire Rescue, and Law Enforcement Impact Fees.
body
DESCRIPTION
Polk County first implemented a program of impact fees in 1989. The Polk County Amended and Restated Comprehensive Impact Fee Ordinance (Ord. 19-056, as amended) requires that impact fee studies supporting the imposition of impact fees be updated at least once every five (5) years to demonstrate that the impact fees do not exceed reasonably anticipated costs associated with growth-necessitated capital improvements.
Accordingly, the County contracted with Alfred Benesch & Company (the “Consultant”) to prepare an Impact Fee Update Study for all impact fee categories other than Transportation. (The County’s Transportation Impact Fees were recently reviewed and updated pursuant to the Board’s adoption of Ordinance 2023-025). The Consultant’s study, along with a supplement thereto related to findings of extraordinary circumstances (collectively, the “2024 Study”), are both recommended by staff for consideration by the Board. The recommendations contained within the 2024 Study were presented to the Board at public work sessions held on August 16, August 30, and September 3, 2024. The Extraordinary Circumstances Supplement, as referenced above, demonstrates the need and justification for increasing impact fee rates in excess of those authorized by statute, in compliance with Section 163.31801(6)(g), Florida Statutes.
Based on recommendations of the Consultant and direction from the Board given during the above-referenced work sessions, staff has prepared the attached ordinance for the Board’s consideration. The proposed ordinance, which would take effect on January 1, 2025, if approved, amends and restates Ord. 19-056, as amended, in its entirety, and provides for: (1) the approval and adoption of the 2024 Study, including the Extraordinary Circumstances Supplement, as required by statute to increase impact fee rates beyond statutory specifications; (2) the ratification and re-adoption of the Polk County Transportation Impact Fee Update prepared by Duncan Associates, as originally approved by the Board pursuant to its adoption of Ordinance 2023-025; (3) the imposition of impact fees at the rates set forth in the proposed ordinance; (4) the amendment of Section 12.01 of the ordinance to require the County review the ordinance and related impact fee studies at least once every 4 years, subject to County Manager determinations, and (5) various other amendments to the current Impact Fee ordinance.
RECOMMENDATION
Adopt ordinance amending and restating in its entirety Ordinance 2019-056, the Polk County Amended and Restated Comprehensive Impact Fee Ordinance, for the purpose of imposing updated rates for Emergency Medical System (EMS), Correctional Facilities, Transportation, Educational System, Library, Park, Fire Rescue, and Law Enforcement Impact Fees.
FISCAL IMPACT
Board approval of the impact fee rates set forth in the proposed ordinance will mean additional revenue for the Board of County Commissioners and the School Board to build infrastructure for growth related needs. It is estimated that based on current rates, the County will have received approximately $139.6 million in Impact Fees with around $110.3 million of that being from school impact fees. If the Board approves the impact fee rates and effective dates in the proposed ordinance, staff estimates that the County will receive approximately $187.1 million in FY 24/25 from Impact Fees with around $150.5 million of that coming from school impact fees. The breakdown for the estimated FY 24/25 impact fee revenue is as follows:
• School - $150.5 million
• Roads - $24.2 million
• EMS - $0.7 million
• Correctional - $3.4 million
• Law Enforcement - $1.9 million
• Fire Rescue - $0.9 million
• Library - $0.7 million
• Parks - $4.8 million
CONTACT INFORMATION
Todd Bond, Deputy County Manager
Sandra Howard, Deputy County Attorney