THROUGH: Robert D. Sumner SUBJECT: Ordinance and Resolution

County Attorney Introduction –

Amendment and Reviser

To Chapter 94, Pasco County

Code, Special Assessments and Resolution
Adopting Equivalent Residential Unit (ERU)Special
AssessmentMethodology for Street and Road Improvements

FROM: Sidney W. Kilgore and REFERENCES: Draft Ordinance

David Goldstein, and Resolution

Assistant County Attorneys

It is recommended that the following be given formal consideration by the Board of County Commissioners:

DESCRIPTION AND CONDITIONS:

Please find for your consideration and introduction a proposed amendment and reviser to Chapter 94 of the Pasco County Code of Ordinances, governing special assessments and a proposed Resolutionadopting an Equivalent Residential Unit (ERU) special assessment methodology for street and road improvements.. The proposed modification to the ordinance is intended, among other things, to enhance the procedures by which special assessments are evaluated and imposed, resulting in a more equitable and efficient allocation of public resources. The highlights of the new ordinance include:

· Clarification of the authority of the board to adopt any methodology it deems appropriate to apportion reasonably special assessments among benefited properties.

· Provision for allowing the County greater flexibility in establishing the parameters of any special assessment project, including specifically the boundaries of the area for improvement, the nature and scope of the improvements, the number and description of properties to be improved, and the project map.

· Shortening the time for response to a petition from 60 to 45 days, specifying one vote per assessment unit of the apportionment methodology employed, reducing the thresholds for approval of petitions by property owners, and authorizing the County Administrator or his designee to present petitions to the Board of County Commissioners in the absence of sufficient votes if believed to be in the public interest.

· Establishing the discretion of the Board of County Commissioners to reduce or waive interest payments on special assessments, or otherwise extend the time for payment, to owners whose income falls below certain income levels established by the federal government.

· Changing the commencement of imposition of liens for special assessments to the date final completion has been achieved on the project and the Board of County Commissioners has approved and directed the recording of a final assessment roll.

· Creation of a new Article III governing Traffic Calming Devices.

Minor revisions to the ordinance have been undertaken to correct existing errors in spelling, grammar, and syntax as well, and to improve the overall consistency and readability of the ordinance.

The proposed Resolution is intended to provide the County withan alternative method of apportioning special assessments for street and road improvements, including PVAS projects. This methodology apportions assessments based on the actual residential use ofimprovedbenefited properties, or based on the “equivalent” residential use of commercial, vacant or partially improved benefited properties under the applicable or predominant zoning requirements for the parcel.

This methodology was developed by staff based on a number of sources, including a similar assessment methodology inCharlotteCounty, a letter fromthe Property Appraiser (attached)discussing andquantifying the property value benefit of repaving projects, and historicstreet and roadspecial assessments inPascoCounty. Prior to the development of this methodology, staff hadprimarilyutilized either a front foot or per lot methodology for street and road improvement assessments. Staff has prepared examples (attached) that compare the assessments various types of parcels would receive under the ERU methodology to the assessments such parcels would receive under the front foot or per lot methodology. Staff has found that the ERU methodology is aparticularly reasonable method of apportioning assessments, primarily because itcloselyapportions assessments based on the actual or potentialtrafficimpact various uses will have on the streetorroad improvements provided. The ERU assessment methodologyisalso consistent with theproperty value benefit of street and road projects assuggested by the Property Appraiser.

ALTERNATIVES AND ANALYSIS:

The Board of County Commissioners is requested to consider the following alternatives:

1. Introduce the proposed amendment and reviser to Chapter 94 PCC and the proposed Resolution adopting the ERU special assessment methodology for street and road improvements.

2. Do not introduce the proposed amendment and reviser to Chapter 94 PCC and proposed Resolution adopting the ERU special assessment methodology for street and road improvements.

RECOMMENDATION AND FUNDING:

The Office of the County Attorney recommends that the Board of County Commissioners introduce the attached proposed amendment and reviser to Chapter 94 PCC and proposed Resolution adopting the ERU special assessment methodology for street and road improvements, refer same to the Citizens’ Ordinance Review Committee, and direct staff to advertise the same for the appropriate public hearings.

No funding is required for this action.

ATTACHMENTS:

(1)Proposed amendment and reviser to Chapter 94 PCC (redline version),(2)Proposed Resolution adopting the ERU special assessment methodology for street and road improvements, (3)Letter from Mike Wells dated February 20, 2002, and(4)Examples of the application of the ERU methodology to various parcels as compared to the front foot or per lot methodology.