Agenda 06/11/2013 Item #16A 76/11/2013 16.A.7.
EXECUTIVE SUMMARY
Recommendation to provide a refund in the amount of $14,830 to Welsh Companies Florida, Inc.
for a withdrawn Growth Management Plan Amendment petition.
OBJECTIVE: For the Board of County Commissioners (BCC) to consider directing the County
Manager, or his designee, to issue a partial refund to Welsh Companies Florida, Inc. (for Top Hat
Holdings, LLC, the petitioner), for a recently withdrawn Growth Management Plan (GMP)
amendment petition (CP- 2012- 2/PL20120000760).
CONSIDERATIONS: The subject GMP amendment petition was filed concurrently with a
Request for Official Interpretation petition (CPI- PL201200001364) and Planned Unit
Development (PUD) rezone petition (PUDZ- A- PL20120000726, Top Hat Auto). The total GMP
amendment petition fee is $16,700, per Growth Management Division/Planning and Regulation
Fee Schedule, Resolution 2013 -6; this full amount was paid. After partial review by staff, the
petitioner placed the GMP amendment on hold to await the outcome of the other two petitions.
Both companion petitions were subsequently approved and the rezone (Top Hat Auto PUD) is in
effect. There is no longer a need for the GMP amendment, thus the petitioner has withdrawn that
petition and requested a refund of petition fees not expended by staff. The total expenses
incurred for the processing and review of the GMP amendment petition, until such time as the
petitioner placed the petition on hold, is $1,870. Therefore, the requested refund amount is
$14,830 ($16,700 - $1,870).
Staff has no objection to the issuance of the refund to the petitioner but BCC authorization is
required to do so. This is a policy decision for the BCC. The BCC has in the past given
direction for a partial refund for a GMP amendment petition withdrawn early in the review
process, as is the case with the subject petition.
FISCAL IMPACT: The fiscal impact to Collier County is $14,830 from Fund 131.
LEGAL CONSIDERATIONS: This item has been reviewed as to form and legality, and
requires a majority vote for Board approval. -HFAC
GROWTH MANAGEMENT IMPACT: There is no impact.
STAFF RECOMMENDATION: Staff recommends to issue a $14,830 refund to Welsh
Companies Florida, Inc.
Prepared By: David Weeks, AICP, GMP Manager, Comprehensive Planning Section,
Planning and Zoning Department, Growth Management Division/Planning
and Regulation
Attachments: 1) petition withdrawal /refund request email; 2) pre - application meeting fee receipt;
3) petition fee receipt
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6/11/2013 16.A.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.7.
Item Summary: Recommendation to direct the County Manager, or his designee, to
provide a refund in the amount of $14,830 to Welsh Companies Florida, Inc. for a withdrawn
Growth Management Plan Amendment petition.
Meeting Date: 6/11/2013
Prepared By
Name: WeeksDavid
Title: Manager - Planning,Comprehensive Planning
5/16/2013 10:02:56 AM
Submitted by
Title: Manager - Planning,Comprehensive Planning
Name: WeeksDavid
5/16/2013 10:02:57 AM
Approved By
Name: BosiMichael
Title: Manager - Planning,Comprehensive Planning
Date: 5/16/2013 11:12:54 AM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 5/17/2013 4:46:23 PM
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 5/21/2013 1:54:56 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/21/2013 4:13:30 PM
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Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 5/28/2013 9:17:03 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/30/2013 11:16:07 AM
Name: OchsLeo
Title: County Manager
Date: 5/31/2013 11:20:09 AM
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6/11/2013 16.A.7.
6/11/2013 16.A.7.
From: WeeksDavid
Sent: Wednesday, April 24, 2013 8:22 AM
To: BosiMichael
Cc: SchmidtCorby
Subject: FW: Request to withdraw Petition CP- 2012 -2
FYI. I'll prepare the ExSum, unless directed otherwise. I have a template from a past similar request.
From: WeeksDavid
Sent: Wednesday, April 24, 2013 8:19 AM
To: Tim Hancock'
Cc: George Vuko; Tim Zellers (tztamiami(coaol.com); Josh Fruth; banderson(cbralaw.com
Subject: RE: Request to withdraw Petition CP- 2012 -2
Tim.
This should be all we need to get this to the BCC to request the partial refund but if we do need anything, I'll contact you.
You will be notified of the BCC meeting date and provided a copy of the Executive Summary to the BCC.
PaArid welaii&
David Weeks, AICP, Growth Management Plan Manager
Collier County Government, Growth Management Division /Planning and Regulation
Planning & Zoning Department, Comprehensive Planning Section
2800 North Horseshoe Drive, Naples, FL 34104
phone: 239 - 252 -2306; E -fax: 239 - 252 -6689; email: davidweeksCacollieraov.net; website: www.collieraov.net
From: Tim Hancock [ mailto :Tim(obdavidsonengineering.com]
Sent: Tuesday, April 23, 2013 4:12 PM
To: WeeksDavid
Cc: George Vuko; Tim Zellers (tztamiami(&aol.com); Josh Fruth; bandersoneralaw.com
Subject: Request to withdraw Petition CP-2012 -2
David,
Please accept this e-mail as formal notification that the applicant wishes to withdraw the
Comprehensive Plan Amendment for Top Hat Holdings, LLC (Petition CP- 2012 -2). The recently
approved PUD rezone negates the need for the Comprehensive Plan Amendment.
Additionally, in accordance with past discussions, the petitioner requests that your department
take the necessary steps to process a refund of the application fees for this petition, minus an
amount that addressed the work performed by review staff prior to the application being `tabled'
in October of 2012.
If there is anything you need from me or from the property owner to address this matter, please do
not hesitate to contact me.
Regards,
Tim Hancock, AICP
Director of Planning
Tim davidsonengineering.com
le
DAVIDSON
ENCi1Nl.LHING
www.davidsonengineering.com
Davidson Engineering, Inc.; 3530 Kraft Road, Suite 301; Naples, FL 34105; Phone 239.434.6060 ext. 2983; Fax 239.434 -6084
Disclaimer: This e-mail, along with any files transmitted with it, is for the sole use of the intended recipiengsj. Any unauthorized review.
use, retention, disclosure, dissemination, forwarding, printing or copying of this e-mail or attachments is prohibited.
email 4 -23-13 withdraw & request for refund CP- 2012 -2
G: \CDES Planning Services \Comprehensive \COMP PBNNING GAP DATA \Comp Plan Amendments \2012 Cycle Petitions \CP - 2012 -2 Airport Road Commercial Use Subdistrict dw /4 -24-13
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6/11/2013 16.A.7.
Growth Management Division
*eY County 2800 Horseshoe Dive N.
Naples, FL
34104
239 - 252 -2400
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
PREP: CDD, CDDA, GMPT
Transmittal Amendment
Cashier Name:
Batch Number:
Entered By:
RECEIPT OF PAYMENT
2012062851
2012 - 011712
04/18/2012
$250.00
Payment Method Amount Paid Check Number
Check $250.00 017480
$250.00
$0.00
Welsh Companies Florida, Inc.
Operating Account
Naples, FL 34103
Reference Number Oriainal
Fee
PL20120000760 $250.00
LeaDerence
2534
kendall_m
Packet Page -947-
Amount GL Account
Paid
$250.00 131 - 138904 - 341256
6/11/2013 16.A.7.
Growth Management Division
�s r County 2800 Horseshoe Drive N.
Naples, FL
34104
239 -252 -2400
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
wee Descriution
credit
GL Transfer
Growth Management Plan
Amendment Transmittal
Cashier Name:
Batch Number:
Entered By:
RECEIPT OF PAYMENT
2012064187
2012 - 013048
04/30/2012
$16,450.00
Payment Method Amount Paid Check Number
Check $16,450.00 017487
$16,450.00
$0.00
Welsh Companies Florida, Inc.
Operating Account
Naples, FL 34103
Reference Number
PL20120000760
PL20120000760
PL20120000760
LeaDerence
2550
kendall_m
Original Amount
Fee
Paid
$16,700.00
$250.00
$16,700.00
$250.00
$16,700.00
$16,450.00
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131 - 178984- 343913
131 - 138904- 341258
131 - 138904- 341258