Agenda 07/28/2009 Item #16B12Agenda Item No. 161312
July 28, 2009
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve the use of the new
"Bank — Drive —in" rate, effective June 8, 2009 for the purpose of re- calculating the
applicable Road Impact Fees for the American Momentum Bank.
OBJECTIVE: Recommendation that the Board of County Commissioners (Board) approve the
use of the new `Bank — Drive —in" rate, effective June 8, 2009 for the purpose of re- calculating the
applicable Road Impact Fees for the American Momentum Bank as an alternative to the applicant
completing the previously requested Alternative Fee Calculation and that the Board of County
Commissioners approve a reimbursement of Road Impact Fees in the amount of $154,408 which
represents the difference between the impact fees paid prior to the issuance of the building permit
and the re- calculated amount using the new rate.
CONSIDERATIONS: On May 22 2008, Mr. Jeff Nunner of Nunner Engineering Services,
representing American Momentum Bank, met with County staff to discuss conducting an
Alternative Impact Fee Study for the proposed American Momentum Bank site at 8771 Tamiami
Trail North. The petitioner also paid the $2,500 review fee as required by Section 74- 204(a)(1)
of the Collier County Code of Laws and Ordinances (Code). The Building Permit for the
proposed bank (Permit # 2007121501) was issued on November 6, 2008. The Road Impact Fees
were paid in full, at the then current rates, with the understanding that the payment was made
"under protest" pending the completion of the Alternative Impact Fee Study. In the event that the
findings of the Alternative Impact Fee Study indicated that a lower Road Impact Fee rate was
appropriate and the Alternative Impact Fee Study was subsequently endorsed and approved by the
Board, any resulting overpayment of Road Impact Fees would then be reimbursed. The
methodology and study approach were finalized on November 14, 2008 and the petitioner was
approved to proceed with the requested study.
On March 10, 2009, the Board adopted the Road Impact Fee Update Study, prepared by Tindale-
Oliver and Associates. By way of the adoption of the Update Study and corresponding rate
schedule the average decrease in impact fees for the residential categories was 6% and the
average decrease in the commercial (non - residential) categories was 18 %. However, a small
number of rate categories experienced significant downward adjustments, i.e. "Home
Improvement Superstore" with a 42% decrease and `Bank — Drive -in" with a 63% decrease. The
new rate schedule became effective on June 8, 2009 in accordance with Section 163.31801,
Florida Statutes which requires "that notice be provided no less than 90 days before the effective
date of an ordinance or resolution imposing a new, or amended impact fee. "
Based on the findings of the Update Study and revised fee schedule, on April 17, 2009 Mr.
Nunner, requested that the Alternative Impact Fee Study for the American Momentum Bank site
be terminated and that the impact fees be re- calculated using the new `Bank — Drive -in" rate set
forth by the Update Study. While the impact fee rate used for the calculation of the impact fees is
determined by the application date for the building permit, which in this case is December 2007,
staff agrees that an exception is warranted in this specific instance. Because of the significant
reduction in the `Bank — Drive -in" rate, prescribed by the Update Study, recalculating the impact
fees using the new rate will save the petitioner the time and cost of conducting the Alternative
Impact Fee Study to achieve a foregone conclusion.
Agenda Item No, 161312
July 28, 2009
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FISCAL IMPACT: If the Board approves the use of the new "Bank — Drive -in" rate for the
calculation of the Road Impact Fees, a reimbursement in the amount of $154,408 will also be
required. This amount represents the difference between the Road Impact Fees paid prior to the
issuance of the Building Permit for the proposed development, totaling $296,848.43 and the re-
calculated amount using the new rate, totaling $142,440.43. While this adjustment and
corresponding reimbursement will reduce the availability of funding for capital improvements to
the county's transportation facilities system the use of the new `Bank — Drive -in" rate accurately
reflects the proposed facility's proportional share of the cost of public transportation facilities
needed to accommodate the proposed development. Funds are available from the Impact Fee
Trust fund.
GROWTH MANAGEMENT IMPACT: Impact fees provide financial resources for the
construction and/or expansion of the County's capital infrastructure, as necessary to
accommodate growth. Development is required to contribute its fair share of the cost of providing
public facilities necessitated by growth, however impact fees may not be collected in excess of the
amount reasonably anticipated to fund such improvements. The fee, using the new "Bank —
Drive -in" rate represents accurate assessment of the facility's impact and associated cost of
providing transportation- related capital facilities attributable to the new development.
LEGAL CONSIDERATIONS: The proposed is legally sufficient for Board action. This a
regular agenda item requiring simple majority vote. Ex parte disclosures are not required. -HFAC
RECOMMENDATION: That the Board of County Commissioners approve the use of the new
"Bank — Drive —in" rate, effective June 8, 2009, for the purpose of re- calculating the applicable
Road Impact Fees for the American Momentum Bank as an alternative to the applicant
completing the previously requested Alternative Fee Calculation and that the Board of County
Commissioners approve a reimbursement of Road Impact Fees in the amount of $154,408 which
represents the difference between the impact fees paid prior to the issuance of the building permit
and the re- calculated amount using the new rate, and any budget amendments that may be
required related to this request.
Prepared by, Nick Casalanguida, Director, Transportation Planning Department
Amy Patterson, Impact Fee and Economic Development Manager, CDES
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Agenda Item No. 10812
July 28, 2009
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
161312
Item Summary:
Recommendation that the Board of County Commissioners approve the use of the new Bank
Drivein rate, effective June 8, 2009 for the purpose of
re- calculating the applicable Road
Impact Fees for the American Momentum Bank.
Meeting Date:
7/28/2009 9:00:00 AM
Prepared By
Nick Casalanguida
MPO Director
Date
Transportation Services
Transportation Planning
7/7/2009 1:18:55 PM
Approved By
Nick Casalanguida
MPO Director
Date
Transportation Services
Transportation Planning
717/2009 10:51 AM
Approved By
Amy Patterson
Impact Fee Manager
Date
Community Development &
Environmental Services
Financial Admin. &Housing
71812009 8 :27 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
7/9/2009 1:42 PM
Construction Management
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
7/9/2009 4:14 PM
Approved By
Gloria Herrera
ManagementlBudget Analyst
Date
Transportation Services
Stormwater Management
7/9/2009 4:59 PM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
7/10/2009 4:30 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
7113/2009 1:05 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/13/2009 3:01 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7/17/2009 5:02 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
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,agenda Item No. 16812
July 28, 2009
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Board of County County Manager's Office 7/ 1812009 12:23 PM
Commissioners
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