Bricklemyer Smolker & Bolves, p.a.

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IMPACT FEE INCREASE ON HORIZON

By Biff Craine

For our clients building in Hillsborough and Pasco Counties, self-escalating impact fees will be the topic of discussion this fall.

A three-pronged proposal has been put forth to get more money to fund the transportation needs of Hillsborough County, which are estimated at $8.7 billion over the next 20 years.

The package includes:

• a phased-in 5-cent gas tax increase (.02 in 2005 .03 in 2007)
• a referendum to add another half-cent to the county-wide sales tax beginning in 2005
• a phased increase in transportation impact fees at 20% per year each year until the recovery rate (which is a subject of controversy in its interpretation) reaches 50% (some place that rate at 16% currently).

As a package, these new revenue sources would significantly raise the level of roadway funding in Hillsborough County, but commissioners are having a difficult time reaching consensus, and it appears that getting a supermajority needed for an increase in the gas tax is not likely.

Pasco County also is looking at new revenues to put toward transportation projects, as well as other community projects. The Pasco Board has agreed to place before the voters next spring a proposal known as a "Penny for Pasco". The Penny for Pasco will be a referendum similar to the Community Investment Tax in Hillsborough, with the voter approval of one cent of additional sales tax at a referendum held during the Presidential performance primary.

Prior to that, Pasco is expected to adopt a new impact fee schedule, raising rates as much as 30% with automatic annual increases programmed over the next two decades.

Zoning Changes Discussed in Hillsborough and Tampa

The Planned Development, or PD, process in Hillsborough County is being examined for modification.

Issues arose in the development of PD's mainly in Northwest Hillsborough, leading to concerns as to the administration and enforcement of PD regulations. In response to those concerns, site development review has been shifted from Development Services to Planning and Zoning under direct supervision of the Zoning Administrator, who is now charged with interpreting PD zoning conditions as sites develop. Staff is also requiring greater detail on PD site plans, additional information included in the traffic analysis and a strict adherence to PD submittal requirements in the Development Review Manual and Land Development Code.

Prospectively, the Board is considering several modifications to the PD process. Highlights include:

• Creating PD-G (general) and PD-S (specific) types of PD review. The general PD could accommodate large-scale, mixed-use projects in areas that have little surrounding development. The specific PD would show everything with specificity on the site plan and lock in the location of all buildings and structures, parking, driveways, drainage and related ponds, lighting, signage, and all screening and fencing features. The PD-S is more like an approved site plan ready to go to construction plans.
• Allowing zoning conditions to be attached to Euclidean (non-PD) rezonings. This would introduce a new wrinkle to Euclidean rezoning, potentially making all rezonings subject to the imposition of conditions, much like current PD's.
• Prior to submittal of a PD-S zoning, a pre-application conference will be required, and staff could require a community meeting prior to submittal if staff concludes there would be benefit of such a community meeting.
• Restrict the ability of a PD rezoning application to vary the standard district regulations in the PD process without significant expansion of the notice required to the public.

The next workshop on changes to the zoning process will be Tuesday, October 14. Zoning procedures in the City of Tampa are also being targeted for change. At City Council on October 16, 2003, the Council will look at changes which:

• Set an absolute deadline for site plan submittal nine calendar day before public hearing, or face an automatic continuance.
• Expand notice area to 250 feet, expand notice time from 15-day minimum to 30-day minimum, make signs posted on property larger, more frequent and posted sooner.

For those of you who need more information regarding these developments, you may wish to contact the firm. For those who wish to let commissioners know your position on transportation funding issues or other legislative matters, commissioner contacts are below.