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Agenda 01/15/2008 Item #16A12 Agenda Item No. 16A12 January 15, 2008 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioner's approve an impact fee reimbursement for Benderson Development Company, Incorporated and WR-l Associates, Limited totaling $354,434.84, due to the overpayment of Transportation Impact Fees _..-..__.~-----_.~--,--_._---,..._-----_._,~----- "--'-~ OBJECTIVE: That the Board of County Commissioners (Board) approve an impact fee reimbursement for Benderson Development Company, Incorporated and WR-I Associates, Limitcd totaling $354,434.84, due to the overpayment of Transportation Impact Fees and that the Board approve any necessary budget amendmenrs that may be required associated to thc reimbursement. CONSIDERATIONS: Section 74-,,02 or AI1icle !I, Chapter 74 of the Collier County Code of Laws and Ordinances" the Collier COllmy Conc;olidated Impact Fcc Ordinance, 2001,13, as amended. providesl()r speeilic criteria and prucedures f,)r processing routine and non-routine requests liJr impact r;,c reimbursements, Specilically, as set 1(111h by Section 74-202 (h) (5): ~ "All rcimhurs<,mei1l /'('(!uesl,' IOla/ing IWCnly-five Ihousand doi/ors (525.000) or morc. cannot he approved administratively and must be suhmilled to Ihe Boord of County Commi,I,'s;oners'," Bendcrson Developmcnt Company, Incorporatcd and WR-I Associates, Limitcd arc seeking a reimbursemcnt of a portion of the Transp0l1ation Impact Fces that were paid for Certificate of Adequacy (COA) No. 02-02 I 2-07 tor Application Request No, 9657 for the Gateway Shoppes at North Bay, The subject impact fees were overpaid in the amount of$354,434.84 due to a calculation error. FISCAL IMPACT: The recommendcd impact fee reimbursements will be paid from the funds specifically budgetcd for impact fee reimbursements as follows: Road (District 1) $ 354,434.84 The impact fee reimbursement amount above is related to a propel1y that is owned by two parties (Benderson Development Company, Incorporated and WR-J Associates, Limited), thercfore, the reimbursement check will be in both names, GROWTH MANAGEMENT IMP ACT: Remittance of the requested impact fee reimbursement may adversely affect capital project funding for road construction; however, due to the overpayment, a reimbursement is due to the companies, ~ LEGAL CONSIDERATIONS: This request IS legally sufficient for Board consideration and approval. Agenda item No. 16A12 January 15, 2008 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners approve an impact fee reimbursement for Bendcrson Development Company, Incorporated and WR-l Associates, Limited totaling $354,434.84, due to the overpayment of Transportation Impact Fees, and that the Board approve any necessary budget amendments that may be required associated to the reimbursement. Prepared by: Amy Patterson, Impact Fee Manager Business Management and Budget Ot1lce, CUES ~ Page 1 of2 Agenda Item No. 16A12 January 15, 2008 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A'i2 Item Summary: Recommendation that the Board of County Commissioners approve an impact fee reimbursement for E\enderscn Development Company, Incorporated and \J\IR-'l Associates, Limited totaling $354434.84 due to 11"18 overoayment of TI-anspor:atlon Irnpact Fees Meeting Date: r ": 5/2D08 9 00:00 !;IVl PI"epared By ::\:TIj1 Patter2,on !mna:::; ::",6' l'v'ian<+g0f DatG C,orrHYlurdty Dew, :opment' 8, :::nvimnmental Services ~i,(and81 Admin .& HousinSl ':2!1~l!2007 'f!:~;'7 .01 r;M /~ pproved B)' Judy <:.1 !JIg Operation:;> i\:\';iksl Dc.~tl':: -:;0rrm1.undy U,;\} ,"(,pl'fHmt & l~:n\'ir(,nITle\lt:a1 Services Cor.1tliUni"v Dc!V,,'[Of:;1"nen! (} 2/'19//'>)( ":' 1U:5" ;.\M [n\:i~;,':HIY"r,t01 SB!"'vi::."." /'_(i~'~ Approved By ~,~;}ri('~n6 ~-:;t",wart ::'j-:ec :i;v<:; :>::c:-crary 0:k: Community Devpi0pmE:nt & Environmental Services Comrnunfty Jev8lnpment 8, 12:/'19/2007 11 ;40A \VI Envlronmtmtal Services Admin. Approved By Jeff Klatz:kow ASSistant County Attorney Date County Attorney County Attorney Office '\2/19/20073:46 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Communit.y Development & Environmental Services Community Development & Environmental Services Admin. 12120120078:17 PM Approved By Norm E. Feder, Ale? Transportation Division Administrator Date Transportation Services Transportation Services Admin. 12121120079:45 AM Approved By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 12126120078:07 AM Approved By Garrett Mullee Financial Operations Manager Date Community Development & Environmental Services Financial Admin. & Housing 12126120073:31 PM Approved By file://C:\AgendaTest\Export\98-January%20 15,%202008\16,%20CONSENT%20AGENDA \ 1.., 1/9/2008 Page 2 of2 Agenda Item "0. 16A 12 January 15, 2008 Page 4 of 5 Sharon Newman Accounting Supervisor Date Transportation Services T~ansportation Services Admin 12f27/2007 7:47 PM Approved By OMB Coordinator ,C"ppJicaUon~ Anai)'st [h1te Adminfst:'3tiVf! ServiC0S inronYiation Technoiogy -: 2/28/20079:06 AM Approved By Mark Isackson Budget Analyst Ode County f\!Ianagw's Offic') .:)jfice .'Jf Managemen! & Budget 1/2.'2008 9:S'i AM Approved By ~';:)rn:"s V. j;)i~'((j ';' i.itl) ',j:i:~;<c\qi' ':;-':'f' 2-Q8n::i:i~ C:lunty : clirmiss:cjn(."-s '~1.' r{:i'fi2:;.':"" C;lf" ::.lIVl file://C:IAgendaTestIExportI98-January%20 15,%2020081 16.%20CONSENT%20AGENDA 11... 1/9/2008 Agenda Item No. 16A12 January 15, 2008 Page 5 of 5 Gateway Shoppes at North Bay - Impact Fee Reimbursement Application Request (AR) # 9657 Certificate of Adequacy (COA) # 02-0212-07 Square Footage: 22,552 Applicable Transp01iation Impact Fee rate: $11.7 I 6.0011 ,000 square feet Calculation or Overpayment: Amount Paid: $6] 8,654.07 " Correct Calculation: $1],716 x 22.552 ~ $264.219.23 Reimbursement: $618,654.07 - $264.219.23 ~ $354.434.84 * Overpayment occurred due to a formula error in the spreadsheet for the COA calculation.