Agenda 03/25/2008 Item #16B 5
Agenda Item No. 16B5
March 25, 2008
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation for the Board of Connty Commissioners to approve an interim impact
fee for new dry storage construction at Calusa Island Marina until an approved alternative
impact study is completed and the appropriate fee is determined.
OBJECTIVE: To approve an interim impact fee for new dry storage construction at Calusa
Island Marina and authorize the approved alternative impact fee study.
CONSIDERATIONS: January 9,2007, the Board took action by approving an interim impact
fee of $44l per dry berth for new dry storage construction at Calusa Island Marina in the City of
Marco Island and directed the owner of Calusa Island Marina to conduct an alternative impact
fee study within four months to detennine a new rate for his impact tee. Due to permitting
delays in the City of Marco Island, the owner, Kris Dane, held off on the impact fee study. His
permits are now ready; however, Mr. Dane did not complete his study. At the March I I BCC
meeting, Mr. Dane asked the Board to again agree to an interim impact fee of $441 per dry berth
and to allow him time to conduct his altemative impact fee study.
The owner and county staff met and agreed that his sitelbusiness was unique and did not
specifically fall into an appropriate category for impact fees. It was also determined that his site
was so unique that there were not three local sites to compare it to as nornlally required in a full
alternative impact fee study. Therefore, it was agreed that an abbreviated alternative study
would be conducted by the owner and he would survey his marina with the following
stipulations:
I. Within 90 days, the owner will provide the addresses of his dry storage customers and lift
logs from the past twelve months as well as the number of dry storage spaces occupied
during that period.
2. During March 2009, the owner will have a transportation consultant perform a mid-week
traffic count for three days at the marina and docunlent the number of occupied storage
berths and provide updated owners/renters names, addresses and lift logs for the new
berths.
3. During March 2010, the owner will repeat the mid-week traffic count for three days and,
in addition, perform an origin/destination study in accordance with the procedures
established under the alternative impact fee study criteria and document the number of
occupied storage berths and provide updated owners/renters names, addresses and lift
logs for the new berths.
4. Within 90 days of completion of the study, the impact fee rate will be adjusted without
penalties to either party. The County will issue a refund or an updated bill for the new
fee.
5. Failure on the owner's part to conduct said study or to make any payment necessary from
the impact fee study in 2010, will result in a lien being placed on his property as outlined
in the Impact Fee Ordinance.
Agenda Item No. 16B5
March 25, 2008
Page 2 of 8
FISCAL IMPACT: To be determined by the study.
GROWTH MANAGEMENT IMPACT: This is consistent with the Growth Management
Plan.
RECOMMENDATION: That the Board of County Commissioners approves the interim
impact fee for $441 per berth for new dry storage construction and approve an alternative impact
fee study as outlined above.
Prepared By: Nick Casalanguida, Director, Transportation Planning
Attachment: 1 )Signed Agreement, 2) Letter to Marco Island
Page I of I
Agenda Item No. 1685
March 25, 2008
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16B5
Recommendation for the Board of County Commissioners to approve an interim impact fee
for new dry storage construction at Calusa Island Marina until an approved alternative impact
study is completed and the appropriate fee is determined.
Meeting Date:
31251200890000 AM
Approved By
Nick Casalanguida
MPO Director
Date
Transportation Services
Transportation Planning
3/13/200811:33 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/13/200811:36 AM
Approved By
Amy Patterson
Community Development &
Environmental Services
Impact Fee Manager
Date
Financial Admin. & Housing
3/13/20082:21 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
3/14/200812:47 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
3/14/20081:01 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
3/14/20081:13 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
3/17/20087:43 AM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
3/17/20085:33 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/18/2008 1 :24 PM
file://C:\AgendaTest\Export\1 03-March%2025, %202008\ 16. %20CONSENT%20AGENDA \... 3/19/2008
COLLIER COUNTY
BUSINESS MANAGEMENT AND BUDGET OFFICE
Agenda Item No. 1685
March 25, 2008
Page 4 of 8
IMPACT FEE SECTION
2800 N. Horseshoe Drive' Naples, Florida 34104 . (239) 403-2369 . Fax (239) 403-2405
VIA E-MAIL
March 11, 2008
Ms. Lee Loewer
City of Marco Island
RE: Calusa Island Marina Permit #066017
Dear Lee:
Past due impact fees in the amount of $36,622.40 are due for the above-referenced
project. Mr. Dane will submit a check to you, made payable to the County, for this past
due amount. Once tl1e past due amount is paid, the Road impact fees to be collected at
this time for the above-reference building permit is $441 per berth. All other impact fees
should be assessed per the fee schedule in effect on the date the building permit
application was submitted.
Mr. Dane has agreed to comply with an outlined schedule for completing an Alternative
Rate Study the details of which are to be finalized at the March 25, 2008 Board of County
Conunissioners meeting. The results of the study are to be completed in approximately
two years at which time it will be determined whether any additional amounts are due to
the County or if any refund is due to Mr. Dane.
Please let me know if you have any questions. Also, please let me know when the check
to the County is received and we will arrange to have it picked up.
Sm~
Paula Fleishman
Impact Fee Coordinator
Ce: Mr. Kris Dane, Calusa Island Marina
Amy Patterson, Impact Fee Manager
Nick Casalanguida, Transportation Planning Director
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Agenda Item No. 16B5
March 25, 2008
Page 5 of 8
AGREEMENT
CALUSA ISLAND MARINA IMPACT FEES
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into
this ~ of March, 2008, by and between Maritime Venture I, Inc., with an address at 385
Angler Drive, Goodland, FL (hereinafter referred to as "Developer"), and COLLIER COUNTY,
FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County").
R E C I TAL S:
WHEREAS, Developer is the owner of Calusa Island Marina located at 385 Angler Drive,
Goodland, FL otherwise described as per atlaclullent A (hereinafter referred to as the
"Development"); and
WHEREAS, it is expected that the Developer will add 152 dry storage berths to Calusa
Island Marina; and
WHEREAS, County wishes adequate impact fees are paid for the expansion of this project;
and
WHEREAS, Developer, believes that his business is unique and does not specifically fall
into an appropriate category for impact fees; and
WHEREAS, as detailed below, the Developer shall conducted an approved alternative
impact fee study. Within 90 days of the completed study, the impact fee rate will be adjusted
without penalties to either party and the County will then issue a refund or an updated bill; and
WHEREAS, County is willing to authorize the release of the Developer's building permits
for an interim impact fee of $441.00 per berth and authorize an approved alternative impact fee
study; and
WHEREAS, the Transportation Administrator has recommended to the Board of County
Commissioners for approval ofthis Agreement.
WIT N E SSE T H:
NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree
as follows:
I. All of the above REClT ALS are tme and correct and are hereby expressly incorporated
herein hy reference as ifset forth fully below.
2. Within 90 days, the Developer will provide the addresses of his dry storage customers
and lift logs Ii-om the past twelve months as well as the number of dry storage spaces
occupied during that period.
Page I of3
Agenda Item No. 1685
March 25, 2008
Page 6 of 8
3. During March 2009, the Developer will have a transportation consultant perform a mid-
week traffic count for three days at the marina and document the number of occupied
storage berths and provide updated owners/rentcrs names addresses and lift logs for the
new berths.
4. During March 20 I 0, the Developer will repeat the mid-week traffic count for three days
and, in addition, perform an origin/destination study in accordance with the procedures
establish under the alternative impact fee study criteria and document the number of
occupied storage berths and provide updated owners/rcnters names addresses and lift logs
for the new berths.
5. Within 90 days of complction of the study, the impact fce rate ,...iIl be adjusted without
penalties to either party. The County will issue a refund or an updated bill for the new
fee.
6. Failure on the Developer's part to conduct said study or to make any payment necessary
from the impact fee study in 2010, will result in a lien being placed on his property as
outlined in the Impact Fee Ordinance
7. The burdcns of this Agreement shall be binding upon, and the benefits of this Agreement
shall inure to, all successors in interest to the parties to this Agreement.
8. Except as otherwise provided herein, this Agreemcnt shall only be amendcd by mutual
written consent of the parties hereto or by their successors in interest. All notices and
other communications required or pemlitted hereunder (including County's option) shall be
in writing and shall be sent by Certified Mail, return receipt rcquested, or by a nationally
recognizcd overnight delivery scrvicc, and addressed as follows:
To County:
To Developcr:
Attn: Norman E. Feder, A.I.e.P.
Transportation Division Administrator
2885 S. Horseshoe Drive
:'\faples, FL 34104
Maritime Venture I, Inc.
Kris Dane, Registered Agent
] 050 Borghesc Lane, Apt. 703
Kaples, Fr. 34114
Phone: (239) 252-8l92
Phone: (239) 394-2076
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
9. Developer shall execute this Agreement prior to it bcing submitted for approval by the
Board of County Conunissioners. This Al,'I'eernent shall be recorded by the County in the
Official Rccords of Collier County, Florida, within fourteen (14) days after the County
enters into this Agreement. Developer shall pay all costs of recording this Agreement.
Page 2 of3
Agenda Item No. 16B5
March 25, 2008
Page 7 of 8
Thc County shall provide a copy of the recorded document to the Developer upon
request.
10. An annual review and audit of perfonnance under this Agrcement shall be performed by
the County to determine whether or not there has been dcmonstrated good faith
compliance with the terms of this Agreement. ]1' the Collier County Board of
Commissioners finds, on the basis of substantial competent evidence, that there has been
a failure to comply with the terms of this Agreement, the Agrccment may be revoked or
unilaterally modified by thc County.
IN WITNESS WHEREOF, the parties hereto have causcd this Agreement to be executed
by their appropriate officials, as of the date first above written.
Attest:
DWIGHT E. BROCK., Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
TOM HENNING, Chairman
AS TO DEVELOPER: Maritime Venture I, Inc.
By:
Kris A. Dane, President
tUJ
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this
ofYtl ""0'1. , 2008, by Kris A. Dane, as President of Maritime Venture I,
perso~aIly known to me or has produced FL. 1) r ,,,.,.r~ L,. ." as identification.
Notary p~C- ~!S ----'
Print Name: Lf2",-~.o "3. Beon.f
My Commission Expires: I D -,;)'/-Il>
\ "i~ day
Inc., who IS
App v
and
w
ssistan ounty Attorney
Page 301'3
Ag~"jE ::...1.. ~!C_ 1:=-'~
March 25, 2008
Page 8 of 8
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001526
EXtIlSIT "A" OR BOOK
GOOOLANO M~RIN~ SIT!
L!GAL OE5CRIPJION
000687
PAGE
^ parcel of land, lyIng In and bcinq part of the plat or MARCO
BEACH: UNIT SIXT&&N, ac:c:ordin9 t.o the pUt thereof as recoeded in
Plat BODk 6. P"ges 112: tnrough 118 of tht: PUblic: Recorda of
Collier County, Florida, and pact. of the plat of ""RCO e~"CH UNIT
TW~HT~, according to the plat thereof as recorded in Plat Book 6-
A. Pagelll 16-" throtlgh 18-A of t.he Public Jteeouls ot- Collhr
,county, Florida. being pore p.rt!c~larlY describea as followsl
9~GIN at th~ Ncrth~ant corner of S~etion 24, 7o~n~hlp 52 South,
Rdng(l 26 Edst, Collit'r County, Flortrle, aa1a cDcnt'f bl"1oq 011 the
~~&te(l~ p13t bcu~d^ry of a!or~5~1d Mateo ae~eh U~lt ~ixt~~nl
t:.h('ncfoc run 6101"1'.1 s",id E:astecly plollt boundary SOS"2C'4J-<: II
dl~tilncl!' of 512.11 [~t'tl thenc~ }t'.llvtng /;I-Jlil! Ealtt{>rly plat
bQtJndacy 585-23'49"14 <11 ::list^nce of 691.JO (eet to an lr,lrff;ec:tion
~i~h th~ Scutherly plat bounda~y ot ~aid Unit Slxt@en, th~nc.
along sI.1d Southerly pht bO,UJt<t4.c~:, t.un. N6~-~6 '21-N a .3istance o(
,15.&1 feetJ thenc~ ha.vi..ng \nlJlS'Sotllnt!riy-. plat boundary run
,NOS-42t41-W... distance of."'_40~'.93 !e~t, thRn.ee N21.:Z2'4S"E .
'dist.'lnee of 66S.61 r....-':tl th~nc~ N32.12'50.e 'a! dlBtance of 24.10
~f~et' thence HU-SJ'02""t- a dist.ance of 2'$.lO lel!tl ttUtnce
.;H80-0.('ll.C a d1istafl:::/l ~t 16.-&$ feel I thl!nc," SS".O"21'E ..
dlstancR of 18.54 feet, tlTf-n~ SJ.9.o1-""""'\"E a dLIlt"'llce of 24.51
. teetl tbenee S33..l!.'.f7-[: eo. dhta'n.;:"~_,or,-~.o~..:~8 feet. thence
N83-"0LU-E a dist,iIl:1CC' ofl,J3.6tt. [e~tJ ,lhci'u:::e HCS"lltZIJ"W a
dhtance of 9D1.1J [el':''t, the.nceS91-01JH.~ '..- distftnc~ of 27.85
feet, thence 589"22.30-W I: d1stanct.,.-of"19.90 feet, thence
S81.49'ae"w . dht&ne~ of 27~O-&' h.e"t:J t.h.e.h-C't! Ne~.S~'IO.K a
distance of JJ~20 t-ee:q thence N79'4;Z"'S"W a dla,t.ence or 30.86
feetl thenee NS3"1.2-';:e"'W' a I'Hstanc:e .~t,f 32..3Q_ Leet: thence
N76.U'2'''W II di$t~n-ct! af 31.41 !eet,'!"lh~n:::e" tl77.20'C17"W II
distance of ]7.95 !~et1 ti)ence tr,67"31tS9.""" a dlatAnce of 51.09
feet I thence N6J"J7'lS"Na d1~t,anc. Df 3,S:Stl feetr thence
,N53.4J'J'-W a d1l:t.ance o'.r ~O~6 fet:',t., th~'nc:~ "0"00'19"" II
distance Df 2.(.85 feet' thenceqlJ4.Jl;",...~tt II' distance of 199.60
teet to an J.nterael;:tlon with" the- So.ut'h1it 11 RJ.'9ht of way Line of
. State Road Ho. 92-" (lOa' ..,ide f(!ght of WaYl as shOVEl on
aforesaid plat of Marco Beach Unit. TventYI tnence run t.he
follolfin.9 COUrse8 along Baid Southerly Jligh.t or W.y Line,
. S4S.02~(3"E a d1l:tant:e of 186.86 feet to .a point of curvature ot'
a circular curve, CClncave to the Northeast. and hav1nq a radius Of
366.31 f~etJ thence Southeasterly aloni the Arc of said curve
throuqh a centca1 angle of 4Jo3.'JD- an ~rc distance of 280.11
feet to the point of tangency: thence ssao:!i' 09"1; .. distance of
17~_91 teet to the &as~~rly plat bo~ndary or aforesaid Marco
. Beach Unit. s!xteeft. s4id plat boundary also being the .E:ast:.crly
. line of Section 13 of a!orICsald Townsh.1p S2 South. RaniI!' 26
EAst, Collier County, Florida, then~e SOS02D'(]-E along said
dEa!terly plat boundary and section line a distance of 12').S7
rtfeet. to t.he Point of Be-gInning. r,,-'r.''''j,-''.'~.',~r
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