Loading...
Agenda 12/01/2009 Item #16A 1 Agenda Item No. 16A 1 December 1, 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direct the County Manager or his designee to provide a refund of a portion of the petition fee received for a recently withdrawn 2007-2008 Cycle Growth Management Plan Amendment petition OBJECTIVE: To consider directing the County Manager or his designee to issue a partial refund to Thomas E. and Patricia A. Sams, petitioners and property owners, for a recently withdrawn Growth Management Plan (GMP) amendment petition.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the County, dated November 3, 2009, Wayne Arnold of a. Grady Minor and Associates, P.A., petition agent, has formally withdrawn petition CP-2007-2, Immokalee Road/Oil Well Road Commercial Subdistrict GMP amendment; and requested a refund to the property owners of any unused application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 Growth 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. -_. -.-.-,....-,...-.-- -' -., . _"A.""~"~_,,_, _."..__. Agenda Item No. 16A1 December 1. 2009 Page 2 of 5 LEGAL CONSIDERATIONS: Resolution 2009-101 provides "Fees are established by the Board of County Commissioners Resolution and cannot be waived or suspended without an action by the Board of County Commissioners". The Board 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 . Agenda Item No. 16A1 December 1 , 2009 Page 3 of 5 -- COLLIER COUNTY BOARO OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A1 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 petition. Meeting Date: 12/1/20099:00:00 AM Prepared By Carolina Valera Planner, Principal Date Community Development & Environmental Services Comprehensive Planning 11/111200910:38:24 AM Approved By Joseph K. Schmitt Administrator. Community Development Date Community Development & Community Development & Environmental Services Environmental Services 11/17/20095:51 PM Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services 11/18/200911:44 AM Approved By ~',~> David Weeks, AICP Manager. Planning Date Community Development & Environmental Services Comprehensive Planning 11/18/200911:46 AM Approved By . Randall J. Cohen Director - Comprehensive Planning Date Community Development & Environmental Services Comprehensive Planning 11118/20093:02 PM Approved By Heidi F. Ashton Section Chief/Land Use-Transportation Date County Attorney County Attorney 11/18/20093:32 PM Approved By Jeff Klatzkow County Attorney Date 11/19120099:39 AM Approved By OMS Coordinator Date County Attorney County Attorney 11/19120092:01 PM Approved By Mark Isackson ManagementfBudget Analyst, Senior Date ._- Office of Management & Budget Office of Management & Budget 11/19/20095:39 PM _.~- -"--'"--"-~-"-'"'''' --....-....-."..-.--.--..--- _, H..-._____'~m.. .~---_._. jM Agenda Item No. 16A 1 December 1, 2009 Page 4 015 GradyMinor Civil Engineers · Land Surveyors · Planners · Landscape Architects 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 / 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. Sincerely. ~ - -- , LJc; , D. Wayne Arnold, AICP Director of Planning Cc: David Weeks, AICP Ken Lynch Thomas Sams Rich Y ovanovich GradyMinor File Q. Grady Minor & Associates, P.A. 3800 Via Dcl I(cy Bonita SprlngH. FL 34 I 34 I'll. 2:19-947-1144' Fx: 2:19,947-0:175 1m 00051 ,,1 . 1,1{ 0005151 . LC 26000266 \\'W\v.gradyminor.com - Agenda Item No. 16A 1 December 1, 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 ovanovicb & Koester, P.A. 4001 Tamiami Trail Nonh, Ste. B Naples, FL 34105 RE: Proponionate Advertising Cost for 2007-2008 Combined Cycle Growth Management Plan Amendments Petition CP-2007-2 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 advenising costs for each petition(s), for both Transmittal and Adoption hearings. You were notified of this at your Pre- Application meeting by assigned Comprehensive Planning staff. The Adoption hearings advenisement fees will be collected later in the process. Therefore, please remit the following amount for Transmittal hearings: .,. CCPC 10 gay Ad $ 563.67 . \L- BCC 7 anOTIlnaY,Aas-!rr;(fS2.28"-:=:'",,", ss overpayment $ -250.00 (Pre, Application fee paid at Pre-Application & at Submittal) Iwl AlII.\l!!IlLl:lle: ~.36,;;.9~ 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. rID'ment must be received by September 30, 2009; if not, the petition will not be included in the le~ 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 advenising. Sincerely, P-~W David Weeks, AICP, Planning Manager Comprehensive Planning Department Cc: CP,2007-2 Petition file Naples Daily News file _. c r~~ " , c .. H n r , .. .. Phone (239) 252-5749 Fax (239) 252-2946 www.colliergov.net .-.,-. --'._.._- -"-,~",,-,,,,"-""""'--'- --- _..'~'M.""..,,,~~,,_,,..__~,.'_ -,"~"'''''' --~---..