Agenda 02/09/2010 Item #16A6
Agenda Item No. 16A6
February 9,2010
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve an impact fee reimbursement requested by Yas-Ari, LLC,
totaling $93,244.45, due to the cancellation of a building permit
OBJECTIVE: That the Board of County Commissioners (Board) approve the reimbursement of
Collier County Impact Fees, requested by Yas-Ari, LLC, due to the cancellation of Marco Island
Building Permit No. 075071.
CONSIDERATIONS: Collier County Impact Fees in the amount 01'$93,244.45 were paid to
the City of Marco Island, for the above referenced building permit, on September 8,2008. The
City of Marco Island remitted the impact fees to Collier County on October 31, 2008 in
accordance with the executed Interlocal Agreement. The building permit was subsequently
cancelled on December 5, 2009 and a 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
(Code), 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-five 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
Library
Regional Parks
Road
School
$ 793.23
$ 3,950.11
$ 1,276.95
$ 368.18
$ 1,659.00
$ 82,334.98
$ 2,862.00
Total:
$ 93,244.45
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. 16A6
February 9,2010
Page 2 of4
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 $25,000.00 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
RECOMMENDA TION: Recommendation that the Board of County Commissioners approve a
reimbursement of impact fees, requested by Yas-Ari, LLC, due to the cancellation of Marco
Island Building Permit No. 075071 and authorize any budget amendments that may be required
related to the reimbursement.
Prepared by: Amy Patterson, Impact Fee and Economic Development Manager, CDES
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A6
February 9, 2010
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A6
Recommendation to approve an impact fee reimbursement requested by Yas-Ari LLC, totaling
$93,24445, due to the cancellation of a building permit.
2/9/20109:00:00 AM
Manager -Impact Fees & EDe
Date
Prepared By
Amy Patterson
Community Development &
Environmental Services
Business Management & Budget Office
1/21/20103:20:27 PM
Approved By
Date
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
1/22/20102:24 PM
Norm E. Feder, Alep
Administrator ~ Transportation
Date
Approved By
Transportation Division
Transportation Administration
1/26/2010 3:08 PM
Approved By
Therese Stanley
Transportation Division
Manager ~ Operations Support ~ Trans
Date
Transportation Administration
1/28/201010:11 AM
Nick Casalanguida
Director ~ Transportation Planning
Date
Approved By
Transportation Division
Transportation Planning
1/28/20101:51 PM
Approved By
OMS Coordinator
County Manager's Office
Date
Office of Management & Budget
1/28/20104:33 PM
Approved By
County Attorney
Date
Jeff Klatzkow
1/29/20104:09 PM
Approved By
Date
Susan Usher
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
2/1/20106:21 PM
Mark Isackson
Date
Approved By
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
2/2/20109:42 AM
Agenda Item No. 16A6
February 9, 2010
Page 4 of 4
~
YAS-AAI, LLC.
1.1 1 Kirk Terr_
Meroo "lend, PL 34145
Tell 238............
Fma _.1133 .....
December 4, 2009
Subject:
Marco Beach Unit 5, Tract "L" Zoned Commercial
Permit #075071
Mr. Bob Mahar
Marco Island City Hall
50 Bald Eagle Drive
Marco Island, FL 34145
Dear Mr. Mahar,
I'm writing to request a refund of our impact & associated fees for permit #075071
due to current economic and real estate cUmate. The constnll:tion and land cost
simply exceed any returns and we have been unable to secure commercial fmancing
for this project. No work or inspections have been performed in conjunction with
this permit. We are in process of rezoning the subject property from its' current C-I
designation to its previous designation of C-3. If the rezoning is successful, we will
proceed with plans for a much smaller single story commercial building.
Sincerely,
Thomas Garousi
Managing Partner
609-410-3523
CC: Greg Fishell (Florida Bay Builders)
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