Agenda 12/14/2010 Item #16A11
Agenda Item No. 16A 11
December 14, 2010
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve an impact fee reimbursement requested by Bayfront, Inc.,
totaling $193,454.24, due to the cancellation of two building permits.
OBJECTIVE: That the Board of County Commissioners approves the reimbursement of
Collier County Impact Fees, requested by Baytront, Inc., due to the cancellation of City of
Naples Building Pennit Nos. 403-744 and 403-745.
CONSIDERATIONS: Collier County Impact Fees in the amount of$193,454.24 were paid to
the City of Naples, for the above-referenced building pennits, on December 4,2006. The City of
Naples remitted the impact fees to Collier County on February 7, 2007, in accordance with the
executed Interlocal Agreement. The building pennit was subsequently cancelled, and on
September 30, 2010, the customer submitted a request for reimbursement of the impact fees.
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 No. 2001-13, as amended,
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 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 (District 3)
$
$
$
$
$ 2,177.10
$ 158,821.53
3,395.28
,
21,190.89 '
6,614.97
1,254.47
Total:
$193,454.24
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).
GROWTH MANAGEMENT IMPACT: Remittance of the requested impact fee
- reimbursement may adversely affect capital project funding; however, the building pennit has
Agenda Item No. 16A11
December 14.2010
Page 2 of 5
been cancelled and the proposed building will not be constructed on the site at this time;
therefore, a reimbursement is due to the customcr.
LEGAL CONSlDERA nONS: 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 approvcd 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 nON: That the Board of County Commissioners approves a reimbursement
of impact fees, requested by Bayfront, Inc., due to the cancellation of City of Naples Building
Pennits Nos. 403-744 and 403-745 and authorize any budget amendments that may be required
related to the reimbursemcnt.
Prepared by: Amy Patterson, Impact Fcc and Economic Development Manager
Growth Management Division - Planning and Regulation
Attachments:
I) Refund request
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16A11
December 14, 2010
Page 3 01 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A11
Recommendation to approve an impact lee reimbursement requested by Baylront, Inc,
totaling $193,45424, due to the cancellation of two building permits.
12/14/2010900:00 AM
Prep. red By
Amy Patterson
Community Development &
Environmental Services
Manager -Impact Fees & EDC
Date
Business Management & Budget Office
11/17/201011:58:30 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
11/17/201012:07 PM
Approved By
Lisa Taylor
Transportation Division
Management/Budget Analyst
Date
Transportation Administration
11/181201012:33 PM
Approved By
Nick Casalanguida
Transportation Division
Director ~ Transportation Planning
Date
Transportation Planning
11/18120101:08 PM
Approved By
Norm E. Feder, AICP
Transportation Division
Administrator ~ Transportation
Date
Transportation Administration
11/22/201011:02 AM
Approved By
OMS Coordinator
County Manager's Office
Date
Office of Management & Budget
11/23/20101:07 PM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
12/112010 10:16 AM
Therese Stanley
Office of Management &
Budget
Manager - Operations Support - Trans
Date
Office of Management & Budget
12/212010 12:40 PM
Approved By
Susan Usher
Office of Management &
Management/Budget Analyst, Senior
Date
Agenda Item No. 16A11
December 14. 2010
Page 4 of 5
Bt/duet
Office of Management & Budget
12/3/201011:53 AM
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
12/3/20105:29 PM
CJhe..
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Agenda Item No. 16A11
December 14. 2010
Page 5 of 5
465 Bayfront Place. Naples, Florida 34102-6454. (239) 649-8700. Fax (239) 434-6225
September 30, 2010
Via Certified Mail
Receipt #7002 2410 0006 6095 0930
Paula Fleishman, Impact Fee Admn.
Collier County Growth Mgmt. Division
2800 N. Horseshoe Drive
Naples, FL 34104
Re: Bayfront Building #6
Permit Numbers 403744 and 403745
Dear Ms. Fleishman:
It is hereby requested that all monies paid for impact fees on the above permit numbers
be returned due to discontinuance of the project.
Also enclosed is a check for $500.00 payable to the Board of Collier County
Commissioners which we have been informed is necessary for an approval hearing at
your earliest possible convenience.
Please inform me if you require any additional information to process this request as
expeditiously as possible.
Thank you.
Sincerely,
Bayfront, Inc.
~~:.:;;.:z
;;;;----- ~--.__._----
Kevin Stoneburner
President
Enclosure
cc: Richard Y ovanovich, Esq.