Martin County

File #: 24-1244   
Type: Public Hearing Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 9/10/2024 Final action:
Title: PUBLIC HEARING TO CONSIDER ADOPTION OF AMENDMENTS TO ARTICLE 6 OF THE LAND DEVELOPMENT REGULATIONS, IMPACT FEES
Attachments: 1. StaffReport.pdf, 2. Ordinance.pdf, 3. 20240806Article 6 IMPACT FEES .pdf, 4. 6.1 Stricken.pdf, 5. Exhibit B 2025 - 2028.pdf, 6. Comparison Table 2016 vs 2028.pdf, 7. Figure 6-3.pdf, 8. FS 163 Impact Fee Act.pdf, 9. Martin County IF Update FINAL Rpt 9-8-23 Sbmt 12-19-23.pdf, 10. 2024_0726_LDR 24-06_ LAD proof.pdf

PLACEMENT: Public Hearings

TITLE:

title  

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>.