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Agenda 03/08/2022 Item #16F 3 (Reimbursement for impact fees paid on voided building permits)03/08/2022 EXECUTIVE SUMMARY Recommendation to approve a reimbursement in the amount of $311,114.13 to Northbrooke Professional Village, LLC, for impact fees paid on voided Building Permit Numbers 2006031817, 2006035195, 2006031819 for three office buildings originally proposed for Folio #68567000051. OBJECTIVE: To approve a reimbursement in the amount of $311,114.13 to Northbrooke Professional Village, LLC, for impact fees paid on voided Building Permit Numbers 2006031817, 2006035195, 2006031819 for three office buildings originally proposed for Folio #68567000051. CONSIDERATIONS: Impact fees were paid upon issuance of the building permits for three office buildings to be constructed on Folio #68567000051. The office buildings were never constructed, and the permits have since been voided. On February 15, 2022, Northbrooke Professional Village, LLC sold the property to Mason Classical Academy Inc. Per Chapter 74 of the Collier County Code of Laws and Ordinances, otherwise known as the Collier County Consolidated Impact Fee Ordinance, impact fees paid are refundable within four years of payment and after that date the impact fees run with the land to be used toward future development. However, in this unique circumstance, the impact fees were paid over four years ago but cannot be used for future development due to the sale the property to Mason Classical Academy Inc., who intends to build a charter school, which is statutorily exempt from impact fee assessment. Reimbursement in the amount of $311,114.13 has been requested as follows: IMPACT FEE AMOUNT GL ACCOUNT EMS IMPACT FEE OFFICE $2,329.64 350-140470-649880-31350.1 GOVT BLDG IMPACT FEE OFFICE $26,701.09 390-122231-649880-31390.1 DIST 1 ROAD IMPACT FEE-GEN. OF $273,073.57 331-163650-649880-31331.1 JAIL IMPACT FEE OFFICE $5,984.10 381-110430-649880-31381.1 LAW ENF IMPACT FEE OFFICE $3,025.73 385-110433-649880-31385.1 TOTAL REFUND $311,114.13 FISCAL IMPACT: The requested impact fee reimbursement in the amount of $311,114.13 to Northbrooke Professional Village, LLC, for impact fees paid on voided Building Permit Numbers 2006031817, 2006035195, 2006031819 will be paid from the applicable impact fee trust funds as the building permits have been voided, the proposed buildings will not be constructed on the site, and the impact fees paid cannot be used on the subject property. GROWTH MANAGEMENT IMPACT: Remittance of the requested impact fee reimbursements may adversely affect capital project funding, however, the impact fees paid on the subject property are not applicable to the proposed land use of a charter school due to a statutory exemption. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Should the property ultimately be used for something other than as a charter school, the County’s then-current impact fees would be imposed. With that noted, this item is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To approve a reimbursement in the amount of $311,114.13 to Northbrooke Professional Village, LLC, for impact fees paid on voided Building Permit Numbers 2006031817, 2006035195, 2006031819 for three office buildings originally proposed for Folio #68567000051. Prepared by: Gino Santabarbara, Principal Planner, Capital Project Planning, Impact Fees and Program Management Division 16.F.3 Packet Pg. 1004 03/08/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.3 Doc ID: 21482 Item Summary: Recommendation to approve a reimbursement in the amount of $311,114.13 to Northbrooke Professional Village, LLC, for impact fees paid on voided Building Permit Numbers 2006031817, 2006035195, 2006031819 for three office buildings originally proposed for Folio #68567000051 Meeting Date: 03/08/2022 Prepared by: Title: Senior Grants and Housing Coordinator – Capital Project Planning, Impact Fees, and Program Management Name: Gino Santabarbara 02/24/2022 4:10 PM Submitted by: Title: Director – Public Utilities Planning and Project Management Name: Matthew McLean 02/24/2022 4:10 PM Approved By: Review: Growth Management Department Jeanne Marcella Growth Management Department Completed 02/25/2022 8:32 AM Capital Project Planning, Impact Fees, and Program Management Ian Barnwell Additional Reviewer Completed 02/25/2022 9:03 AM Growth Management Department Jeanne Marcella Transportation Skipped 02/25/2022 4:07 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/25/2022 4:10 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/28/2022 10:28 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 03/01/2022 11:09 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 03/01/2022 4:07 PM Board of County Commissioners Geoffrey Willig Meeting Pending 03/08/2022 9:00 AM 16.F.3 Packet Pg. 1005