PLACEMENT: Public Hearings
TITLE:
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PUBLIC HEARING TO CONSIDER ADOPTION OF AMENDMENTS TO ARTICLE 6 OF THE LAND DEVELOPMENT REGULATIONS, IMPACT FEES
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EXECUTIVE SUMMARY:
executive summary
This public hearing will consider proposed changes to the text of Article 6, Impact Fees, Land Development Regulations, Martin County Code, and changes to the schedule of Impact Fees, Figure 6.1, consistent with changes to Florida Statutes.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Clyde Dulin, AICP
Title: Comprehensive Planning Administrator
REQUESTED BY: Board of County Commissioners
PRESET: 1:30 PM
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
On December 5, 2023 the Board adopted an Impact Fee Study conducted by Alfred Benesh & Company (formerly Tindale-Oliver). Following adoption of the Impact Fee Study, staff worked with Benesh and a legal consultant, Tyson Smith with White & Smith, LLC Planning and Law Group to draft changes to Article 6 of the Land Development Regulations. Revisions to the text of Article 6 and Figure 6.1., the schedule of Impact Fees, are proposed consistent with Florida Statutes.
The draft changes were presented to the Local Planning Agency on August 15, 2024. The Local Planning Agency considered the proposed changes and recommended approval. The LPA motion also recommended revisiting the impact fee credit for new development that may have more impact than the existing development on an existing lot.
ISSUES:
The proposed changes to Article 6, Division 1 will bring the text into compliance with Section 163.31801, F.S. known as the Florida Impact Fee Act. The proposed changes to Figure 6.1, the Impact Fee Schedule show decreases for some land uses and increases to most of the land uses in the schedule.
Florida Statues restrict impact fee increases to a maximum of 50 percent above the existing impact fees in the community. Additionally, Florida Statutes require impact fee increases to occur incrementally over a period of years. Impact fee increases of 25 percent or less must be occur over a period of two years and increases between 25 and 50 percent must occur over a period of four years. The draft Figure 6.1 has proposed impact fees shown in four separate charts for 2025, 2026, 2027 and 2028. Impact fee increases may not take effect for a minimum of 90 days following adoption. If the proposed impact fees are adopted on September 10 the fees may not be imposed until December 9, 2024. Staff recommends choosing January 1, 2025 as a start date so that increases in the three following years will also be at the start of each new year. Please see the attached staff report for more analysis.
There are no proposed changes to Article 6, Division 2, School Impact Fees or the separate school impact fee schedule. Staff recommends adopting a new impact fee schedule before October 1, 2024. Legislation adopted in 2024 will require a new Impact Fee Study with more recently obtained data to increase impact fees.
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the Ordinance amending Article 6, of the Land Development Regulations, Martin County Code including Figure 6.1 establishing a new schedule of impact fees.
ALTERNATIVE RECOMMENDATIONS
Provide staff direction and continue this public hearing to September 24.
FISCAL IMPACT:
RECOMMENDATION
Additional revenue may be obtained where fee increases are proposed.
ALTERNATIVE RECOMMENDATIONS
Additional revenue may be obtained where fee increases are proposed.
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.