Agenda 06/25/2013 Item #16F26/25/2013 16.F.2.
EXECUTIVE SUMMARY
Recommendation to approve refunds of Affordable Housing Contributions to The
Mercato, LLP in the amount of $286,867.00 and to GAM, Inc. in the amount of $5,094.50,
due to the removal of an Affordable Housing Contribution commitment from the Mercato
Mixed Use Planned Use Development.
OBJECTIVE: That the Board of County Commissioners (Board) approves refunds of
Affordable Housing Contributions to The Mercato, LLP in the amount of $286,867 and to
GMRI, Inc. in the amount of $5,094.50, due to the removal of an Affordable Housing
Contribution commitment from the Mercato Mixed Use Planned Development (PUD).
CONSIDERATIONS: A change to the Land Development Code was approved on September
25, 2012, which created a process to make minor text changes to PUDs, Development
Agreements and Settlement Agreements to remove the Affordable Housing Contribution
commitments. Pursuant to LDC Sec. 10.02.13.E.3.c, the process is as follows:
"Affordable housing commitments. Beginning October 3, 2012, the County Manager or
designee shall be authorized to make minor text changes to remove affordable housing
commitments to pay an affordable housing contribution in PUDs, Development Agreements, and
Settlement Agreements if the following conditions are met:
i. The applicant notices property owners in writing in accordance with sections
10.03.05 B.10 or 10.03.05 B.l 1 as may be applicable.
ii. If no written objection is received, the request to remove commitments is deemed
approved.
iii. If a property owner who receives notice submits a written objection within 30
days of the mailing of the notice, the matter shall be scheduled for public hearing
before the Board of County Commissioners. Public notice shall comply with
subsection 10.03.05 B.13 of the LDC."
Subsequently, on March 12, 2013 (Item 16F4) the Board directed the County Manager, or his
designee, to proceed with an outlined plan to refund previously paid Affordable Housing
Contributions upon the approval of minor changes to PUDs to remove the Affordable Housing
Contribution commitments, and approve any budget amendments that may be required to
facilitate this action. The outlined plan is as follows:
1. The applicant has first removed the commitment as set forth above.
2. If the applicant is the sole entity entitled to the refund, staff shall prepare an
Executive Summary seeking Board approval to issue the refund.
3.. If multiple entities are entitled to the refund, staff will request the applicant provide
staff with a proposed allocation, signed off by each claimant. The County has
maintained detailed records of these transactions and will be available to assist the
applicant with this request. Provided all claimants are in agreement with the
proposed refund allocation, staff shall prepare an Executive Summary seeking Board
approval to issue the refund.
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6/25/2013 16. F:2.
4. In the event of a dispute, or circumstances that do not allow the above process to be
followed (the original payer no longer exists, there are foreclosure or bankruptcy
issues, etc.), staff will bring such matters to the Board for individual review. Staff
has completed a preliminary review related to the parties having made payment and
have identified no issues at this time.
Affordable Housing Contributions in the amount of $286,867 and $5,094.50 were paid between
June 16, 2008 and April 2, 2009 for thirteen (13) building permits within the above- referenced
PUD. The applicant has met the requirements of LDC Sec. 10.02.13.E.3.c and the commitment
was removed on May 22, 2013. There is no dispute that The Mercato, LLP and GMRI, Inc. are
the sole entities entitled to the refunds, in the amounts referenced above, which are tied to the
payments for building permits.
FISCAL IMPACT: A budget amendment is needed to recognize and refund $291,961.50
sitting in the Affordable Housing Contribution Fund 105.
The amount of $604,581 has been collected to date, with any further collections having been
suspended by the Board. The funds are contained in Fund 105 and have not been expended.
Therefore, adequate funding exists to facilitate a full refund to the eligible parties. To date, one
refund totaling $56,000 has been approved by the Board and three items pertaining to refund
requests, including The Mercato Mixed Use PUD, are included as part of this agenda for Board
consideration.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners approves refunds of
Affordable Housing Contributions to The Mercato, LLP in the amount of $286,867 and to
GMRI, Inc. in the amount of $5,094.50, due to the removal of an Affordable Housing
Contribution commitment from the Mercato Mixed Use Planned Development (PUD), and
authorize the necessary budget amendment required.
Prepared by: Amy Patterson, Impact Fee Manager
Office of Management and Budget
Attachments: 1. Contribution List
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6/25/2013 16.F.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.2.
Item Summary: Recommendation to approve refunds of Affordable Housing
Contributions to The Mercato, LLP in the amount of $286,867 and to GMRI, Inc. in the amount
of $5,094.50, due to the removal of an Affordable Housing Contribution commitment from the
Mercato Mixed Use Planned Use Development
Meeting Date: 6/25/2013
Prepared By
Name: PattersonAmy
Title: Manager - Impact Fees & EDC,Business Management &
6/11/2013 4:01:41 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 6/17/2013 8:28:34 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 6/17/2013 10:37:18 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 6/17/2013 2:16:58 PM
Name: OchsLeo
Title: County Manager
Date: 6/17/2013 2:53:16 PM
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