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Agenda 04/22/2014 Item #16F1 4/22/201416.F.1. EXECUTIVE SUMMARY Recommendation to accept and approve the completed alternative water and sewer impact fee calculation and approve a reimbursement of water and sewer impact fees in the amount of $76,457.50 to Randall Benderson Trust as a result of the alternative impact fee calculation. OBJECTIVE: That the Board of County Commissioners (Board) accept and approve the completed alternative water and sewer impact fee calculation, and authorize staff to administer a refund to Randall Benderson Trust in the amount of$76,457.50. CONSIDERATIONS: On October 22, 2013, a water impact fee of$78,843 and a sewer impact fee of$79,212 were paid on building permit PRBD20130615355 for the construction of a new restaurant. The flow value of the structure was calculated at 24.6 Equivalent Residential Connections (ERCs) in accordance with flow rate established by the Florida Administrative Code(FAC). On January 17, 2013 staff received written confirmation from Freeland & Kauffman, Inc. (a company representing Chili's) of their intent to enter into the Alternative Fee Calculation process, in accordance with Section 74-204 of the Collier County Code of Laws and Ordinances (Code), for the water and sewer impact fees. On January 24,2013 staff met with representatives from Chili's for a pre-application meeting. On October 7, 2013, staff received the $2,500 review fee as required by the Code. Chili's submitted three copies of the proposed approach on November 11, 2013. The proposed approach was reviewed by the Impact Fee Department and the Planning and Project Management Group(Public Utilities). Changes to the methodology were requested and a revised proposed approach was received on February 12, 2014. The proposed approach provides a flow rate of 17.6 gallons per day per seat based on historical data from seven similar type establishments. Although seven establishments were originally submitted, the final flow rate represents an average of the top five establishments. Public Utilities and the Impact Fee Department have no objection to the submission of an average flow as long as a minimum confidence level is met. The original calculation utilizing the Florida Administrative Code had a flow rate of 40 gallons per day per seat. The lower proposed flow rate, if accepted,results in a water and sewer impact fee refund to the customer. Should the Board authorize an approval and acceptance of the proposed flow rate, the refund amounts are as follows: (Original 24.6 minus proposed 12.7= 11.9 ERCs to be refunded) 1. Water Impact Fee refund of$38,139.50 (11.9 water ERCs x$3,205 rate per water ERC) 2. Sewer Impact Fee refund of $38,318.00(11.9 sewer ERCs x$3,220 rate per sewer ERC) Total refund to the property owner=$76,457.50. With Board direction, staff is requesting authorization to administer a specific and supportable flow rate outside those established within the FAC to best represent a specific type of business and coincide with the current utility impact fee methodology. Going forward, the District will apply a flow rate of 22 gallons per restaurant seat(operating less than 16 hours per day)based on an average of alternative submissions provided by Carrabba's and Chili's. Although single service article restaurants have a lower flow rate than a regular restaurant within the FAC, the District has not received any study c- °"A°^^° 4-^ ••�^- snt an automatic reduction for single Packet Page-1192- 4/22/2014 16.F.1. service article restaurants, therefore the FAC will be followed, as is, for single service article restaurants. Findings from recent alternative studies indicate that a review of the water/sewer impact fee methodology and the exploration of alternatives are warranted to keep pace with the changing environment. Staff initiated a review of the methodology in 2011 and is currently exploring the merits of a meter based impact fee methodology supported by findings of an outside consultant and benchmarking with other utilities furnished by the county's current rate consultant (Public Resources Management Group). Modifications to the existing methodology and/or ordinance will be presented to the Board in June of 2014. FISCAL IMPACT: If the Board accepts and approves the alternative water and sewer impact fee calculation, a reimbursement in the amount of $76,457.50 will be required. This amount represents the difference between the water and sewer impact fees paid at the time of permit issuance and the re-calculated amount using the flow rate from the alternative study. The reimbursement will decrease the current year revenue: A reimbursement of$38,139.50 will be paid from the current year Water Impact Fee Fund (411) and a reimbursement of$38,318.00 will be paid from the current year Wastewater Impact Fee Fund(413). 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 based on the alternative water and sewer impact fee calculation represents a current, localized and accurate assessment of the facility's impact and associated cost of providing capital facilities attributable to the new development. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. The purpose of impact fees is for growth to pay for growth. The Florida Impact Fee Act (F.S Sec. 163.31801) requires "that the calculation of the impact fee be based on the most recent and localized data." Accordingly, this item is approved as to form and legality, requiring majority vote for approval. -JAK RECOMMENDATION: Recommendation to accept and approve the completed alternative water and sewer impact fee calculation and approve a reimbursement of water and sewer impact fees in the amount of$76,457.50 to Randall Benderson Trust as a result of the alternative impact fee calculation. Prepared by: Gilbert Moncivaiz,Impact Fee Coordinator, Office of Management and Budget, Impact Fee Administration Attachments: 1) Letter to Chili's summarizing review 2) Alternative Fee calculation submission—due to the size of the document,which is 10MB and 97 pages long,it is accessible at: http://www.colliergov.net/ftp/AgendaApri12214/ExecOffices/Chili'sFinal Submission.pdf Packet Page-1193- 4/22/2014 16.F.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.F.1 Item Summary: Recommendation to accept and approve the completed alternative water and sewer impact fee calculation and approve a reimbursement of water and sewer impact fees in the amount of$76,457.50 to Randall Benderson Trust as a result of the alternative impact fee calculation. Meeting Date: 4/22/2014 Prepared By Name: GilbertMoncivaiz Title: Impact Fee Coordinator,Business Management&Budget Office Approved By Name:josephbellone Title: Director-Operations Support,Utilities Finance Operations Date: 04/11/2014 08:16:30 AM Name: patterson_a Title: Manager-Impact Fees&EDC,Business Management&Budget Office Date: 04/14/2014 01:23:28 PM Name: klatzkowjeff Title: County Attorney, Date: 04/14/2014 04:43:36 PM Name: usher_s Title: Management/Budget Analyst, Senior, Office of Management&Budget Date 04/15/2014 05:50:39 PM: Name: ochs_l Title: County Manager, County Managers Office Date: 04/15/2014 10:20:29 AM Packet Page-1194- �01.1_,4�� 4/22/2014 16.F.1. • Office of Management & Budget 01 NA Impact Fee Administration•2800 North Horseshoe Drive•Naples.Florida 34104.239-252-6237•www.colliergov.net March 10, 2014 Certified Letter#: 70062760000117182134 Mr.John Chudoba Freeland & Kauffman, Inc. 209 West Stone Ave Greenville,SC 29609 Subject: Proposed Approach for Alternative Impact Fee Calculation Chili's @ 9959 Collier Blvd Dear Mr. Chudoba: Our office has completed its review of the submitted Alternative Impact Fee Calculation. Based on historical information provided and the methodology applied,the proposal has established a calculation that is reasonable and supportable. You have met all of the conditions outlined within the Consolidated Impact Fee Ordinance (CIFO) and have followed all other required procedures;therefore,the Impact Fee Department will recommend that the Board of County Commissioners (Board) accept the alternative calculation of 12.7 Equivalent Residential Connections (ERCs) for this restaurant. The original calculation based on the Florida Administrative Code represented a flow value equal to 24.6 water and wastewater ERCs. Accepting the alternative calculation of 12.7 ERCs will leave a balance of 11.9 water and wastewater ERCs to be refunded. This will translate into a dollar amount of$38,139.50 and $38,318.00 respectively. The total amount of the refund, if approved by the Board, will be $76,457.50. Our office will begin the necessary steps to have this matter presented to the Board for approval and will send you an e-mail notification when the item has been scheduled. You will receive an additional notification once the check has been processed. Please note that the check will be made out to the property owner (currently listed as Randall Benderson Trust). Thank you for your assistance throughout this process. Sincerely, 61,4:664— r Gilbert Moncivaiz Impact Fee Coordinator, Office of Management and Budget (239) 252-4215 Packet Page-1195-