Agenda 12/15/2009 Item #16A 3
Agenda Item No. 16A3
December 15, 2009
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to direct the County Manager or his designee to provide a refund of a
portion of the petition fee received for a recently withdrawn 2007-2008 Cycle Growth
Management Plan Amendment petition
OBJECTIVE:
To consider directing the County Manager or his designee to issue a partial refund to Thomas
E. and Patricia A. Sams, petitioners and property owners, for a recentiy withdrawn Grow1h
Management Plan (GMP) amendment petition.
CONSIDERATIONS:
In a letter to the County, dated November 3, 2009, Wayne Arnold of a. Grady Minor and
Associates, P.A., petition agent, has formally withdrawn petition CP-2007-2, Immokalee
Road/Oil Well Road Commercial Subdistrict GMP amendment; and requested a refund to the
property owners of any unused application fees.
The following is relevant Information to the proposed petition:
. The petition was received in April 2007 with the $16,700 application fee.
. A total of $1,615.95 was collected for the proportionate share of legal advertisement
costs for the transmittal hearings; this included $563.67 for one CCPC advertisement,
and $1,052.28 for two Board of County Commissioners (BCC) advertisements (unused).
. The petition was advertised for and heard by the Collier County Planning Commission
(CCPC) in October 2009.
. On November 12, 2009, the petition agent submitted a letter of withdrawal and request
for refund.
. The BCC legal advertisements have not been sent to the newspaper and will not be until
late December 2009 or early January 2010.
. Should the BCC legal ads costs be refunded, adequate time remains to collect that
amount from the remaining petitioners, in proportionate shares.
. Staff does not track time spent on each petition. The petition fee is a fixed figure, not an
hourly rate.
. Staff time spent on this petition includes, but is not limited to: pre-application meeting
(about 7 planners); sufficiency review process (3 reviews); substantive review and
analysis; preparation of legal ads, resolution and exhibits; multiple runs of the Collier
Interactive Grow1h Model and/or GIS analysis; preparation of CCPC Staff Report and
management review; CCPC hearing; drafting of CCPC consent review document, CCPC
recommendations document, and BCC Executive Summary.
Per the applicable fee resolution, staff does not have the authority to issue refunds.
FISCAL IMPACT:
The fiscal impact to Collier County will consist of refunding $1,052.28 from Fund 131. However,
because these funds will subsequently be collected from the remaining petitioners, the net effect
is there will be no fiscal impact to Collier County.
Agenda Item No. 16A3
December 15, 2009
Page 2 of 5
LEGAL CONSIDERATIONS:
Resolution 2009-101 provides Fees am established by the Board of County CDmrnissioners
Resolution and cannot be waived or suspended without an action by the BDard of County
Commissioners". The Roard has the authority to refund unused application fees for legal
advertising for a petition which has been withdrawn. This item is ready for Board consideration
and approval. -- HFAC
GROWTH MANAGEMENT IMPACT:
There is no impact.
STAFF RECOMMENDATION:
Staff recommends direction be given to the County Manager or his designee to issue a refund to
Thomas E. and Patricia A. Sams in the amount of $1,052.28.
PREPARED BY:
Carolina Valera, Principal Planner
Comprehensive Planning Department, CDES Division
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A3
December 15. 2009
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A3
Recommendation to direct the County Manager or his designee to provide a refund in the amount of
$1,052.28 for a portion of the petition fee received for a recently withdrawn 2007-2008 Cycle Growth
Management Plan Amendment oetition.
12/15/20099:00:00 AM
Prepared By
Carolina Valera
Community Development &
Environmental Services
Planner, Principal
Date
Comprehensive Planning
11111/200910:38:24 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Administrator. Community Development
Community Development &
Environmental Services
Date
11/17120095:51 PM
Approved By
Judy Pulg
Community Development &
Environmental Services
Approved By
David Weeks, AIC?
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
11/18f200911:44 AM
Manager - Planning
Date
Comprehensive Planning
11/18/200911:46 AM
Approved By
Randall J. Cohen
Community Development &
Environmental Services
Director. Comprehensive Planning
Date
Comprehensive Planning
11/18/20093:02 PM
Approved By
Heidi F. Ashton
County Attorney
Section Chief/Land Use.Transportation
Date
County Attorney
11/18/20093:32 PM
Approved By
Jeff Klatzkow
County Attorney
Date
11/19/20099:39 AM
Approved By
OMS Coordinator
County Manager's Office
Date
Office of Management & Budget
11/19/20092:01 PM
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Date
Office of Management & Budget
11/19/20095:39 PM
II GradyMinor
Civil Engineers · Land Surveyors · Planners · Landscape Architects
Agenda Item No. 16A3
December 15. 2009
Page 4 of 5
November 3, 2009
Ms. Carolina Valera, AICP
Collier County Comprehensive Planning
2800 North Horseshoe Drive
Naples, Florida 34104
Re: Petition # CP-2007-02
Immokalee Road I Oil Well Road Commercial Subdistrict
Dear Ms. Valera:
The petitioner is requesting that Petition #CP-2007-2 be formally withdrawn from the
Collier County Growth Management Plan Amendment process. We respectfully request
that you refund any unused application fees to the property owner.
Please feel free to contact me if you have any questions.
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Sincerely,
D. Wayne Arnold, AICP
Director of Planning
Cc: David Weeks, AICP
Ken Lynch
Thomas Sams
Rich Y ovanovich
GradyMinor File
Q. Grady Minor & Assoeiaws, VA.
3800 Via Dei Rey
Bonita Springs. FL 34134
i'h. 239-947-1144. Fx: 2:J9-947-0:175
Ell n005!,,! . I.B OOG,,151 . LC 2600[)2H6
www.gradyminor.com
Agenda Item No. 16A3
December 15, 2009
Page 5 of 5
COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division
Comprehensive Planning Department - 2800 North Horseshoe Drive . Naples,
Florida 34104
September 15, 2009
D Wayne Arnold
Q. Grady Minor & Associates
3800 Via Del Rey
Bonita Springs, FL 34134
Rich Y ovanovich
Coleman, Y ovanovich & Koester, P.A.
4001 Tamiarni Trail North, Ste. B
Naples, FL 34105
RE: Proportionate Advertising Cost for 2007-2008 Combined Cycle Growth Management Plan Amendments
Petition CP-2OO7-2 Golden Gate Area Master Plan (GGAMP)
Dear Sirs:
Per Resolution No. 2009-101. the Community Development & Environmental Services Fee Schedule, the
Applicant for a Growth Management Plan Amendment is required to pay the proportionate share of advertising
costs for each petition(s), for both Transmittal and Adoprion hearings. You were notified of this at your Pre-
Application meeting by assigned Comprehensive Planning staff. The Adoption hearings advertisement fees will
be collected later in the process.
Therefore, please remit the following amount for Transmittal hearings:
-t-
CCPC 10 Qay Ad $ 563.67 *
BCC 7 aniIT01:>aYAas$Tg,V.J-=:-.-::"
Less overoavment' $ -)50.00 (Pre-Application fee paid at Pre-Application & at Submittal)
Total Amount One: $ 1 16:) 95
Your check should be made payable to the Collier County Board of County Commissioners and forwarded to the
Comprehensive Planning Department. Attention Marcia Kendall, Senior Planner, 2800 N. Horseshoe Drive,
Naples. FL 34104. Pavment must be received bv SeDtember 30. 2009: if not. the uetition will not be
included in the lel!aI ads.
Should you have any questions regarding the above requested fee, please do not hesitate to contact Marcia at
(239) 252-2387, who assists in the processing of the Naples Daily News payments for advertising.
Sincerely,
J:2-~ W~
David Weeks, AICP, Planning Manager
Comprehensive Planning Department
Cc: CP-2007-2 Petition file
Naples Daily News file
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Phone (239) 252-5749
Fax (239) 252~2946
www.colliergov.net