Agenda 02/08/2011 Item #10D
2/8/2011 Item 1O.D.
EXECUTIVE SUMMARY
Recommendation to approve three impact fee reimbursements, totaling $148,681.70, due to the
caucellation of three building permits and the subsequeut reapplicatious submitted under new,
lower impact fee rate schedules.
OBJECTIVE: That the Board of County Commissioners (Board) approves the reimbursement
impact fees, totaling $148.681.70. due to the cancellation of three building permits and the
subsequent reapplications submitted under new. lower impact fee rate schedules.
CONSIDERATIONS: The requests for reimbursement are as follows:
1. Marbella Lakes (8-unit Condominium): Road, Parks, School and Emergency Medical
Services (EMS) Impact Fees were paid on Building Pennit No. 2010040636, based on
the impact fee rates in effect on the date of the building pennit application. On October
8,2010 and November I, 2010, decreascd impact fee rates went into effect. ln order to
take advantage of these decreased rates. the applicant cancelled the above building permit
and submitted a new permit application. The customer also submitted a request for
reimbursement for a portion of the impact fees as follows:
EMS
Parks - Community
Parks - Regional
Road
School
$ 266.88
$ 267.52
$ 1.235.92
$20,456.00
$13.374.72
Total
$35,601.04
2. Marbella Lakes (8-unit Condominium): Road, Parks, School and Emergency Medical
Services (EMS) Impact Fees were paid on Building Permit No. 2010042l87, based on
the impact fee rates in effect on the date of the building permit application. On October
8, 20 10 and November I. 20] O. decreased impact fee rates went into effect In order to
take advantage of these decreased rates, the applicant cancelled the above building pennit
and submitted a new permit application. The customer also submitted a request for
reimbursement for a portion of the impact fees as follows:
EMS
Parks - Community
Parks - Regional
Road
School
$
$
$ 1.235.92
$20,456.00
$13,374.72
266.88
267.52
Total
$35,601.04
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2/8/2011 Item 10.0.
3. Peace Lutheran Church: Road and Emergency Medical Services (EMS) Impact Fees
were paid on Building Permit No. 201 006l449, based on the impact fee rates in effect on
the date of the building permit application. On October 8, 2010 and November I, 2010,
decreased impact fee rates went into effect. ln order to take advantage of these decreased
rates, the applicant cancelled the above building permit and submitted a new pennit
application. The customer also submitted a request for reimbursement for a portion of
the impact fees as follows:
EMS
Road
$ 361.92
$77.] 17.70
Total
$77A79.62
Section 74-202 (h) of Article II of Chapter 74 of the Collier County Code of Laws and
Ordinances (Code), the Collier County Consolidated Impact Fee Ordinance, provides the
following with respect to impact fee reimbursements:
"In the event a building permit issued for a development: (i) expires prior to
commencement of any part of the developmentfor which the building permit was issued,
(ii) is officially cancelled, (iii) is revised qfier payment of impact fees and the permit's
revision results in a reduction in the impactfees applicable for the development, or (iv)
results in the impact fees heing overpaid due to an incorrect application of the rate
schedule, calculation error(.\), or prior payment within the same subject property, the
then current owner/applicant may. within four years of payment, apply for a
reimbursement of a portion of or the entire impact fee, depending on the basis for the
request for reimbursement. All such requests for reimbursement shall be calculated by
applying the impact fee rate schedule that was in ~ffect on the date of the respective
building permit application. Failure to make timely application for a reimbursement of
the impact fee shall waive any right to a reimhursement. "
Further. Section 74-202 of the Code provides for specific criteria and procedures for processing
routine and non-routine impact fee reimbursement requests. Specifically, as set forth by Section
74-202 (h) (5):
"All reimbursement requests totaling tVo'enty~five thousand dollars ($25.000) or more,
cannot be approved administratively and must be submitted to the Board of County
Commissioners. "
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2/8/2011 Item 10.0.
FISCAL IMP ACT: The recommended impact fee reimbursements will be paid from the funds
specifically budgeted for impact fee reimbursements as follows:
Emergency Medical Services
Parks - Community
Parks - Regional
Road (District 2)
Road (District 6)
School
$895.68
$535.04
$2.4 71.84
$40.912.00
$77,] 17.70
$26.749.44
Total
$148,681.70
Additionally, Section 74-202 of the Code provides for an administrative processing fee equal to
the greater of $25 or 2% of the requested reimbursement, with the fee not to exceed $500. This
processing fee offsets the administrative costs associated to the reimbursement Each of the
applicants has paid the fee, in the amount of $500.00, which was deposited into Fund ] 07
(Impact Fee Administration).
GROWTH MANAGEMENT IMPACT: Remittance of the requested impact fee
reimbursement may adversely affect capital project funding; however, the building pennits have
been cancelled and new building permits have been submitted: therefore, partial reimbursements,
as listed above. are due to the customers.
LEGAL CONSIDERATIONS: Section 74-202(h) of the Consolidated lmpact Fee Ordinance
provides that "In the event a building permit issued for a development.. .(ii) is officially
cancelled, ...the then current owner/applicant may, within four years of payment, apply for a
reimbursement of a portion of or the entire impact fee..:' The Section goes on to provide that
"All reimbursement requests totaling $25,000.00 or more, cannot be approved administratively
and must be submitted to board of county commissioners." The ordinance provides for an
administrative processing fee equal to the greater of $25 or 2% of the requested reimbursement,
with the fee not to exceed $500. Accordingly. this request is legally sufficient for Board
consideration and approval. - JAK
RECOMMENDATION: That the Board of County Commissioners approves the
reimbursement impact fees, totaling $l48.68]. 70, due to the cancellation of three building
permits and the subsequent reapplications submitted under new, lower impact fee rate schedules
and authorizes any budget amendments that may be required related to the reimbursements.
Prepared by: i\my Patterson. Impact Fee and Economic Development Manager
Growth Management Division - Planning and Regulation
Attachments:
I) Refund requests
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2/8/2011 Item 10.0.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.0.
Item Summary: Recommendation to approve three impact fee reimbursements, totaiing
$148,681.70, due to the cancellation ofthree building permits and the subsequent
reapplications submitted under new, lower impact fee rate schedules
Meeting Date: 2/8/2011
Prepared By
Name: PattersonAmy
Title: Manager - Impact Fees & EDC,Business Management &
1114/20114:15:32 PM
Approved By
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 1118/2011 2:36:07 PM
Name: PuigJudy
Title: Operations Analyst. CDES
Date: 1118/2011 2:38:28 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 1118/2011 5:02:02 PM
Name: FederNonn
Title: Administrator - Growth Management Div, Transportati
Date: 1119/2011 11 :30:35 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/27/2011 11:22:30 AM
Name: UsherSusan
Title: ManagementlBudget Analyst, Senior,Office of Manage
Date: 1/28/2011 2:17:27 PM
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2/8/2011 Item 10.0.
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 1/30/2011 11 :20:23 AM
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2/8/2011 Item 1O.D.
GL HOMES
1600 Sawgrass Corporate Pkwy, Suite 400
Sunrise, FL 33323
Phone: (954) 753-1730 Fax: (239) 263-0581
November 1ih, 2010
Collier County Growth Management Division
Impact Fee Department
2800 N. Horseshoe Drive
Naples, FL 34104
Re: Permit#: l.CI(\c)<-lOII)~IlJ
Address: 115Z.5 I-ICntffi't i ~\,11!1
Permit Cancellation /Impact Fee Reduction
This letter is a request to cancel the above referenced permit. This permit is being
cancelled in order to request a refund of impact fees. Attached is payment for the
2% refund processing fee. This permit is currently is in inspect status.
If you have any other questions, please contact Audrey Dowdell at (239) 261-4176.
~M. haO~T1
i~~:' 011
Gine al Contractor
GL ames Building Corp,
AFFIRMED AND SUBSCRIBED before me, the undersigned authority, on
November 1ih, 2010, by Michael J. Toll, who is personally known to me [X]
or who provided as identification [ ].
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Printed Name: Audrev Dowdell
My commission expires: 5/13/201 t
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" I; ,.'."
2/8/2011 Item 1O.D.
GL HOMES
1600 Sawgrass Corporate Pkwy, Suite 400
Sunrise, FL 33323
Phone: (954) 753-1730 Fax: (239) 263-0581
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November 1 th, 2010
Collier County Growth Management Division
Impact Fee Department
2800 N. Horseshoe Drive
Naples, FL 34104
Re: Permit # 1 ( In Ci 'I i~ I :1 J
,
Address: l~f)<IS Hr;n~-N'l! I,ii+
Permit Cancellation / Impact Fee Reduction
This letter is a request to cancel the above referenced permit. This permit is being
cancelled in order to request a refund of impact fees. Attached is payment for the
2% refund processing fee. This permit is currently is in inspect status,
If you have any other questions, please contact Audrey Dowdell at (239) 261-4176.
Thank YO/,f'VJ
. ~/V.J
icli~ : Toll
Gtthen~r Contractor
GL Homes Building Corp.
AFFIRMED AND SUBSCRIBED before me, the undersigned authority, on
November 1th. 2010, by Michael J, Toll, who is personally known to me [X]
or who provided as identification [ ].
Notarl Pulliic Sta~(; 01' Florida
AlJdi"'3'~ CH;wdel!
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NOTARY/)UBLlC - State of Florida
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Printed Name: Audrev Dowdell
My commission expires: 5/13/2011
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." ij8/20111tem 1O.D.
D FAN G EllS D IA M 0 N 0
CONSTRUCTION,INC
November 30, 2010
Collier County Government
Community Development & Environmental Services Division
2800 Horseshoe Drive
Naples, Florida 34104
Re: Peace Lutheran, Permit #2010061449
Cancellation Request for Recalculation of Impact Fees
To Whom It May Concern:
Please accept this letter as our request for cancellation of Permit #2010061449.
Weare requesting this cancellation in order to obtain a refund of impact fees.
Thank you.
Sincerely,
~::ro--~ De ge'
Vice President
CGC058500
6635 WILLOW PARK DRIVE. NAPLES, FLORIDA 34109 T:239.594.1994 F:239.594.1995 WWW.DEANGELISDIAMOND.COM
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