Agenda 06/28/2011 Item #16A12
6/28/2011 Item 16.A.12.
EXECUTIVE SUMMARY
Recommendation to approve an impact fee reimbursement requested by Two Lakes Development,
LLC, totaling $869,132.69, due to the cancellation of a bnilding permit.
OBJECTIVE: That the Board of County Commissioners (Board) approve the reimbursement of
impact fees, requested by Two Lakes Developmcnt, LLC, due to the cancellation of Building
Permit No. 2007052690.
CONSIDERA nONS: Impact fees in the amount of $869,132.69 wcre paid for the above
referenced building permit on December II, 2007. The building permit was subsequently
cancelled on March 9, 2009 and request for reimbursement of the impact fees has been
submitted.
Section 74-202 of Article II of Chapter 74 of the Collier County Code of Laws and Ordinances,
the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, provides for
specific criteria and procedures for processing routine and non-routine requests for impact fee
reimbursements. Specifically, as set forth by Section 74-202 (h) (5):
"All reimbursement requests totaling twenty:jive thousand dollars ($25.000) or more,
cannot be approved administratively and must be submitted to the Board of County
Commissioners. "
FISCAL IMPACT: The recommended impact fee reimbursements will be paid from the funds
specifically budgeted for impact fee reimbursements as follows:
Emergency Medical Services
Government Buildings
Jail
Law Enforcement
Road
Sewer
Water
$ 15.590.96
$ 82.279.21
$ 39.085.62
$ 33.293.97
$ 525.632.93
$ 87,875.00
$ 85.375.00
Total:
$ 869,132.69
Road Impact Fees paid, related to the Site Development Plan (SOP) to obtain a Certificate of
Adequate Public Facilities (COAl, arc non refundable and are not included as part of this
request. These Road Impact Fees will run with the subject land for use on future development.
Although this development utilized water services, with measurable consumption, Public
Utilities has considered all associated factors and concludes that the consumption, in this
instance, does not warrant the withholding of a water/sewer impact fee refund. If a full
water/sewer impact fee refund is authorized, Public Utilities requests that the balance attributable
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6/28/2011 Item 16.A.12.
to utility account consumption/availability ($5.443.34) be paid In full before issuance of the
refund.
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. The applicant
has paid the fee, in the amount of $500, which was deposited into Fund 107 (Impact Fee
Administration).
GROWTH MANAGEMENT IMPACT: Remittance of the requested impact fee
reimbursement may adversely affect capital project funding; however, the building permit has
been cancelled and the proposed building will not be constructed on the site at this time;
therefore, a reimbursement is due to the customer.
LEGAL CONSIDERATIONS: Section 74-202(h) of the Consolidated Impact 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 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. - .1 AK
RECOMMENDATION: Recommendation that the Board of County Commissioners approves
a reimbursement of impact fees, requested by Two Lakes Development, LLC, due to the
cancellation of Building Permit No. 2007052690 and approve any budget amendments that may
be required related to the reimbursement.
Prepared by: Amy Patterson, Impact Fee and Economic Development Manager
Growth Management Division -- Planning and Regulation
Attachments:
I) Refund request
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6/28/2011 Item 16.A.12.
COLLIER COUNTY
Board of County Commissioners
Item Number:
16.A.12.
Item Summary: Recommendation to approve an impact fee reimbursement requested by
Two Lakes Development, LLC, totaling $869,132.69, due to the cancellation of a building permit.
(Amy Patterson, Impact Fee & EDC Manager/Growth Management Division/Planning &
Regulation)
Meeting Date: 6/28/2011
Prepa red By
Name: PattersonAmy
Title: Manager. Impact Fees & EDC,Business Management &
6/10/2011 12:57:36 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 6/14/201 J 8:49:32 AM
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
Date: 6/15/2011 10:22:46 AM
Name: TaylorUsa
Title: Management/Budget Analyst,Transportation Administr
Date: 6/15/2011 10:30:16 AM
Name: MarcellaJeanne
Title: Executive Secretary ,Transportation Planning
Date: 6/16/2011 1 :40:06 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/16/2011 1:54:14 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Officc of Manage
Packet Page -643-
Date: 6/20/2011 10:22:57 AM
Name: YilmazGeorge
Title: Director - Wastewater,Wastewater
Date: 6/21/2011 3:56:19 PM
Name: OchsLeo
Title: County Manager
Date: 6/21/2011 4:16:12 PM
6/28/2011 Item 16.A.12.
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6/28/2011 Item 16.A.12.
PHOENIX ASSOCIATES
OF SOUTH FLORIDA, INC.
CGC #034149
WWW.PHOENIX-ASSOCIATES.COM
Authorized Builder for NUCOR Building Systems Corporation
TWO LAKES - IMPACT FEE REIMBURSEMENT REOUEST
June 14,2011
Collier County Development Services
c/o Paula Fleishman
Impact Fee Coordinator
2800 North Horseshoe Drive
Naples, Florida 34104
Building Permit #2007052690
Dear Paula,
Per our client's request, we are submitting this request for the allowable impact fee reimbursement for
the above listed building permit. Once you have prepared the documents and cost summaries for BCC approval
please forward to our offices, Thank You.
Respect
Brian Howell
V.P. Phoenix A sociates of South Florida, Inc.
CORPORATE OFFICES
2590 NORTHBROOKE PLAZ' -_...~ M"__ '08 - NAPLES, FLORIDA 34119
PH 239, Packet Page -645- -596-2637