SUBJECT
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Public Hearing to consider adoption of an ordinance amending and restating Polk County Ordinance 2024-062, the Polk County Amended and Restated Comprehensive Impact Fee Ordinance, for the purpose of adopting the 2025 Warehouse Transportation Impact Fee Study, and the related Extraordinary Circumstances Study Supplement, and imposing updated rates for Warehouse and Industrial Transportation Impact Fees.
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DESCRIPTION
Florida Statute 163.31801(4)(a) requires, in part, that the County ensure its impact fee rates are based on a study using the most recent and localized data available. To that end, the County has contracted with Alfred Benesch & Company (the “Consultant”) to prepare a technical Warehouse Trip Characteristics Transportation Impact Fee Study to evaluate demand associated with warehouse and industrial land uses and local variables on transportation impacts unique to Polk County (the “2025 Warehouse Study”).
Along with the 2025 Warehouse Study, the Consultant has also prepared a study supplement related to findings of extraordinary circumstances (the “EC Study Supplement”) which justify an increase in certain impact fee rates beyond the statutory thresholds provided in Section 163.31801(6), Florida Statutes. The EC Study Supplement specifically demonstrates the need for a substantial increase to the County’s Transportation Impact Fee rate for warehouse and industrial land uses, based on the resultant impact to the County’s roadways and other transportation capital facilities as a result of such land development.
The findings, determinations and recommendations contained within the 2025 Warehouse Study and the EC Study Supplement were presented to the Board at public work sessions held on February 18 and March 4, 2025. 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 July 1, 2025, if approved, amends and restates Ord. 24-062 in its entirety, and provides for: (1) the approval and adoption of the 2025 Warehouse Study, together with the Extraordinary Circumstances Study Supplement, as required by statute to increase impact fee rates beyond statutory specifications; (2) the imposition of impact fees at the rates set forth in Attachments 1 through 8 of the proposed ordinance; (3) the ratification and re-adoption of the Comprehensive Impact Fee Update Study of 2024 and the related 2024 Impact Fee Study Supplement demonstrating Extraordinary Circumstances; and (4) the ratification and re-adoption of all portions of the 2023 Polk County Transportation Impact Fee Update prepared by Duncan Associates, except for those portions of said 2023 Update related to Transportation Impact Fees for warehouse and industrial land development which conflict with the 2025 Warehouse Transportation Impact Fee Study or the related 2025 Extraordinary Circumstances Study Supplement.
RECOMMENDATION
Adopt ordinance amending and restating in its entirety Ordinance 2024-062, the Polk County Amended and Restated Comprehensive Impact Fee Ordinance, for the purpose of adopting the 2025 Warehouse Transportation Impact Fee Study, and the related Extraordinary Circumstances Study Supplement, and imposing updated rates for Warehouse and Industrial Transportation 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 in the Impact Fee Funds to construct transportation infrastructure for growth related needs. If the proposed ordinance is not adopted, based on the current rates, staff estimates that the County will receive approximately $1,200,000 in Warehouse and Industrial Transportation Impact Fees in FY 25/26. If the proposed ordinance is adopted by the Board, staff estimates that amount would increase to $4,083,070 during the same time period. Said estimates do not account for any Alternative Impact Fee Calculations or Economic Development Impact Fee Mitigations, which may be approved by the County upon request pursuant to Section 2.03 and Section 2.08 of the ordinance, respectively.
CONTACT INFORMATION
John Bohde, Deputy County Manager
Benjamin Dunn, Office of Planning and Development Director
Sandra Howard, Deputy County Attorney