Agenda 02/09/2010 Item #16A3
Agenda Item No. 16A3
February 9, 2010
Page 1 of6
EXECUTIVE SUMMARY
Recommendation to approve an impact fee reimbursement requested by Roetzel &
Andress, LPA, on behalf of Piper's Crossing, LLC, totaling $182,151.43, due to the
cancellation of a building permit
OBJECTIVE: That the Board of County Commissioners (Board) approve the reimbursement of
impact fees, requested on behalf of Piper's Crossing, LLC, due to the cancellation of Building
Permit No. 2005094521.
CONSIDERATIONS: Impact fees in the amount of $182,151.43 were paid for the above
referenced building permit on October 27, 2006. The building permit was subsequently
cancelled on March 3, 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 fOT
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 TeimbUTsements 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
$ 909.38
$ 10,463.07
$ 11,594.54
$ 1,183.06
$114,393.38
$ 23,305.00
$ 20,303.00
Total:
$182,151.43
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 $500.00, which was deposited into Fund 107 (Impact Fee
Administration) .
Agenda Item No. 16A3
February 9, 2010
Page 2 of 6
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;
therefOTe, 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 $25,000.00 or more, cannot be approved administratively
and must be submitted to board of county commissioners." The OTdinance 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: Recommendation that the Board of County CommissioneTs approve a
reimbursement of impact fees, requested on behalf of Piper's Crossing, LLC, due to the
cancellation of Building Permit No. 2005094521 and authorize any budget amendments that may
be required related to the Teimbursemcnt.
Prepared by: Amy Patterson, Impact Fee and Economic Development ManageT,
Business Management and Budget Office, CDES
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A3
Agenda Item No. 16A3
February 9, 2010
Page 3 of 6
Recommendation to approve an impact fee reimbursement requested by Roetzel & Andress,
LPA, on behalf of Pipers Crossing, LLC, totaling $182,151.43, due to the cancellation of a
building permit.
2/9/20109:00:00 AM
Date
Prepared By
Amy Patterson
Community Development &
Environmental Services
Manager ~ Impact Fees & EDe
Business Management & Budget Office
1/14/20108:53:33 AM
Approved By
Date
Jennifer White
County Attorney
Assistant County Attorney
County Attorney
1/14/201011:56 AM
Approved By
Date
Jeff Klatzkow
County Attorney
1/14/20104:40 PM
Approved By
Date
Gilbert Moncivaiz
Public Utilities Division
Impact Fee Coordinator
Utilities Finance Operations
1/20/20109:10 AM
Date
Approved By
James W. DeLany
County Attorney
County Attorney
1/21/20102:08 PM
Date
Approved By
Thomas Wides
Public Utilities Division
Director - Operations Support - PUD
Utilities Finance Operations
1/21/20102:43 PM
Date
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
1/22/20102:22 PM
Nick Casalanguida
Date
Approved By
Transportation Division
Director ~ Transportation Planning
Transportation Planning
1/25/20101:39 PM
Approved By
Norm E. Feder, Ale?
Transportation Division
Administrator ~ Transportation
Transportation Administration
Date
1/26/20103:19 PM
Approved By
Therese Stanley
Transportation Division
Agenda Item No. 16A3
February 9, 2010
Page 4 of 6
Manager. Operations Support. Trans
Date
Transportation Administration
1/28/20108:35 AM
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
1/28/201010:43 AM
Date
Approved By
Susan Usher
Office of Management &
Budget
ManagemenUBudget Analyst, Senior
Office of Management & Budget
2/1/20106:24 PM
Date
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
2/2/20109:18 AM
ALE GAL PRO F E 5 5 ION A LAS S 0 C"I A T ION
850 PARK SHORE !jll\li\'jil' 5 of 6
TRIANON CENTRE. THIRD FLOOR
NAPLES, FL 34103
239.649.2712 DIRECT
239.649.6200 MAIN
239.261.3659 FAX
dalewis@ralaw.com
Ij~AND~Ssll
December 3, 2009
VIA: HAND DELIVERY AND U.S.
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Paula Fleishman
Impact Fee Coordinator
Collier County Financial Administration
and Housing Department
2800 N. Horseshoe Drive
Naples, FL 34104
VIA: HAND DELIVERY AND U.S.
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Gilbert Moncivaiz
Operations Analyst
Collier County Public Utilities Division
3301 East Tamiami Trail
Naples, Florida 34112
Re: Name of Applicant: Piper's Crossing, LLC, a Florida limited liability company
(the "Applicant")
Address of Applicant: c/o Crifasi Enterprises, Inc.
14700 Tamiami Trail North, Suite 8, Naples Florida 34110
Premises Location: 1209 Piper Boulevard, Naples, Florida (the "Premises")
Date Impact Fee was Paid: See attached Permit Number: 2005094521 for
payment dates
Date Building Permit was Issued: October 27,2006 (Permit Number:
2005094521)
Date Building Permit was Cancelled: March 3, 2009 (Permit Number:
2005094521 )
Dear Paula and Gilbert:
We are transmitting to you on behalf of our client, the Applicant, our formal application
for reimbursement of impact fees paid in connection with Permit Number: 2005094521 (the
"Permit"). The Permit was officially cancelled on March 3, 2009, and pursuant to Section 74-
202(h) of the Collier County Code of Ordinances, our client is formally requesting the return of
all impact fees (conditioned upon the below request to apply credit certain water and sewer
impact fees to Permit Number: 2009100095) paid in connection with the Permit.
In connection with the foregoing, enclosed please find the following:
1. Our firm's check number 493506 in the amount of $500.00 representing the
"impact fee reimbursement processing fee" as required by Section 74-202(h)(1)f
of the Collier County Code of Ordinances; and
2. A copy of the Collier County Building Permit Number: 2005094521.
CLEVElAND TOLEDO AKRON COLUMBUS CINCINNATI WASHINGTON, D.C. TAllAHASSEE ORLANOO FORT MyERS NAPLES
www.ralaw.com
Agenda Item No. 16A3
February 9,2010
Page 6 of6
Ms, Paula Fleishman and Mr. Gilbert Moncivaiz
December 3, 2009
Page 2
In addition, please note that we have been advised by Paula Fleishman that the receipt of
payment for the impact fee pursuant to Section 74-202(h) of the Code is on file and that we
would not be required to submit the same. If this is an error, please contact us immediately and
we will obtain this and whateveT additional information you may need.
As part of this application, our client requests that a portion of the water and sewer
impact fees, paid by the Applicant on the Permit, equal to the amount of water and sewer impact
fees due and owing on Permit Number: 2009100095 be promptly applied and credited to such
Permit Number: 2009100095 (for your reference, I have attached a copy of this permit) and that
all remaining water and sewer impact fees paid by Applicant on the Permit be returned to the
Applicant as part of this application. To the extent that this request is denied by Staff, the
Applicant requests that Staff provide a written basis for the denial of the same and that all impact
fees paid by Applicant in connection with the Permit be Tefunded to the Applicant.
Pursuant to our discussion, we are looking to get this application belaTe the Board of
County Commissioners on the January 12, 2009 hearing date. Should you have any questions,
comments or concerns, please do not hesitate to contact me.
Very truly yours,
ROETZEL & ANDRESS, LPA
~
DOUg~
DAL
cc: Mr, Jack J. Crifasi, Jr.
Mr. Leo E. Ochs, Jr., County Manager, Collier County, Florida
Jennifer White, Esq.
604513 v_OJ \ 111496.0005