Agenda 05/13/2014 Item #16A15 5/13/2014 16.A.15.
EXECUTIVE SUMMARY
Recommendation to approve a PUD amendment zoning fee reduction request for the Mirasol PUD
petition.
OBJECTIVE: To have the Board of County Commissioners (BCC) authorize a fee adjustment
based upon a limited acreage calculation which would not be impacted by this petition.
CONSIDERATIONS: The applicant for the Mirasol Planned Unit Development (PUD) is
planning to submit an application to amend this PUD. A pre-application meeting was held for
this petition on January 23, 2014. Attached is the applicant's summary of the proposed changes
as discussed in that pre-application meeting. The applicant is seeking a fee reduction for a
proposed PUD amendment as explained in the February 27, 2014 e-mail from the applicant's
agent to the BCC.
The current fee code, adopted in Resolution 2010-13 requires petitioners to pay a$25 acreage fee
for all acreage within the project. In 2011, the BCC through an Executive Summary for a
proposed amendment to the Sabal Bay PUD established the policy that only a developable area
of an existing PUD would be factored within the acreage calculations. This PUD includes
approximately 710 acres of developable area. The applicant seeks a reduction in the overall
application fee, such that acreage fees would not be required for existing developable acreage,
but only the acreage that is being added to the PUD.
1,639 total acres
-929 preserve acres
710 developable acres
FEE COMPARISON
PUD Application Amendment Developable Acreage fee per policy $24,250
($6,000 + $25/acre for 730 acres)
PUD Application Amendment Acreage fee per applicant's request$6,500
($6.000 + $25/acre; for 20 acres)
AMOUNT OF RELIEF SOUGHT BY APPLICANT $17,750
The Collier County Growth Management Division/Planning and Regulation Fee Schedule states
that only the BCC can reduce or waive fees, therefore staff advised the applicant that BCC
approval would be required for this request. Because of the limited changes requested in the
amendment, the petitioner is asking to exclude existing acreage calculation. The Mirasol PUD
was amended by Ordinance #09-21 to exclude a five-acre tract that was incorrectly allocated to
the PUD and bring the PUD to the current PUD format. Additionally, the PUD was further
amended by Ordinance #12-41 to add 322 dwelling units, add 95 acres, revising the development
standards, amending the master plan, adding deviations and amending the developer's
commitments. The amendments being requested within this application are much more limited in
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5/13/2014 16.A.15.
scope in relation to the previous amendment. The applicant will pay all other applicable fees;
fire review, comprehensive planning reviews, advertising fees, etc., according to the adopted fee
schedule. Based upon the facts that the application will pay all other appropriate fees and that
the PUD was recently amended in November of 2012, bringing the PUD in compliance with the
PUD format and Land Development Code (LDC), and the limited nature of the requested
changes, staff is in support of the applicants request.
Staff recognizes the issue raised by this petitioner could be applicable to other PUD amendment
applications and requests direction from the BCC to allow staff to evaluate each request on an
individual basis, based upon the extent and nature of the requested changes, and present those
findings to the BCC for final determination.
FISCAL IMPACT: The reduced fee payment, if approved by BCC action, is less than BCC
established policy, however the amount corresponds to the limited amount of staff time expected
for review due to the limited extent to changes requested within the PUD amendment.
GROWTH MANAGEMENT PLAN IMPACT: The Growth Management Plan (GMP) does
not address fees thus no impact to the GMP is anticipated.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. There
are two issues. The first is that legally, regulatory fees cannot be charged in excess of the
anticipated cost of the regulatory activity necessary to process this application. The second is that
from a policy standpoint, Collier County fees are structured to approximate the actual cost
incurred, so that development pays for development, and is not subsidized by the taxpayers.
Staff has advised me that the proposed reduced fee approximates the actual costs that are
anticipated to be incurred. Accordingly, this item is legally sufficient, and requires majority
support for approval. -JAK.
RECOMMENDATION: That the BCC approve the requested fee reduction & direct staff to
evaluate future PUD amendment fee reduction request on an individual basis and present those
request to the BCC.
Prepared By: Mike Bosi, AICP, Director, Planning and Zoning Department
Growth Management Division, Planning and Regulation
Attachment: Email from the applicant's agent describing changes and requesting fee reduction.
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5/13/2014 16.A.15.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.15.
Item Summary: Recommendation to approve a PUD amendment zoning fee reduction
request for the Mirasol PUD petition.
Meeting Date: 5/13/2014
Prepared By
Name: BosiMichael
Title: Director-Planning and Zoning, Comprehensive Planning
4/10/2014 2:42:57 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 4/11/2014 10:35:02 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/11/2014 4:12:19 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 4/23/2014 7:45:20 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/24/2014 1:22:41 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 4/30/2014 3:52:12 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 5/1/2014 2:43:37 PM
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rom: Richard Yovanovich [ryovanovich @cyklawfirm.com]
ant: Thursday, February 27, 2014 10:00 AM 5/13/2014 16.A.15.
BosiMichael
c: John Asher<JAsher @taylormorrison.com> (JAsher @taylormorrison.com);Alexis Crespo
ubject: Mirasol Application Fees
like
,s we briefly discussed, we are planning to add 20 acres and the associated density to the Mirasol PUD. This will
?quire necessary modifications to the PUD documents to reflect the additional acreage and density. We have
een advised that we will not only be required to pay the acreage portion of the fees based on the new 20 acres
ut also the existing approximately 700 acres of development area. We believe the requested changes are minor
nd charging an acreage fee based on the entire development acreage is excessive.
Below is a summary of what we will be revising in the PUD:
We are revising the PUD Master Plan to add the 20 acres.
Revising the PUD document throughout due to the 20 acre/112 unit increase
Adding reference to the HEX process vs. Zoning Board of Appeals where appropriate.
Revising the development standards for multi-family building separation, and single-family rear yard setback
No new deviations, but minor modifications to the existing deviations as necessary to address the 20-acre
arcel
Minor changes to conditions due to the 112 additional units and additional required native preserve.
Ve are requesting that staff request a waiver of the acreage fees for the existing development area. I understand
iat staff will present an Executive Summary to the BCC supporting this request.
the meantime, we would like to submit our PUD Amendment based upon the additional 20 acres. If the
3quested waiver is denied, we will pay the additional fees.
'lease let me know if this is acceptable.
tichard D. Yovanovich, Esq.
;oleman Yovanovich & Koester, P.A.
001 Tamiami Trail North, Suite 300
Japles, Florida 34103
239) 435-3535 x 256
239) 435-1218 (f)
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