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Agenda 06/26/2012 Item #16A12EXECUTIVE SUMMARI` Recommendation to approve a Boat Dock Extension (BDE) zoning fee reduction request for the Wahl Boat Dock Extension. OBJECTIVE: To have the Board of County Commissioners (BCC) authorize a fee adjustment for a re- review of a Boat Dock Extension petition. CONSIDERATIONS: The applicant for the Wahl Boat Dock Extension (BDE) is planning to submit another application for a Boat Dock Facility. On March 15, 2012, the Collier County Planning Commission (CCPC) approved the Wahl's boat dock extension subject to a limit of a single boat slip and lift consistent with the CCPC recommendation for denial of the companion Side Yard Riparian Line Variance Petition. The original BDE request contained two boat slips and lifts, one of which required the companion Variance. The applicant received approval by the Board of Zoning Appeals (BZA) for the companion side yard Variance for the second boat slip and lift. The applicant now intends to submit a new BDE petition application to request approval for the second boat slip and lift consistent with the approved Variance. The new BDE petition will substantially be the same as the previously reviewed BDE request with the exception of reflecting the now approved side yard Variance for the second boat slip and lift. The reduction in fee request for the new BDE petition is to recognize the reduced staff review and processing efforts required for the new BDE, the review of which will reflect the re- review of the previous petition and therefore require a corresponding reduction in the amount of staff time to process. The current fee code, adopted in Resolution 2010 -13 requires petitioners to pay a base review fee of $1,500.00 to cover staff reviews and processing, plus public advertising fees. The applicant is seeking a reduction in the base review fee in recognition of the reduced staff efforts noted above. It is proposed that the applicant pay for the actual staff time required to review and process the new BDE to an amount not to exceed one -half of the base review fee or $750.00. FEE COMPARISON BDE application fee per fee Code $1,500.00 Amount of relief sought by applicant Actual staff time not to exceed $ 750.00 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 the review for the proposed new BDE will be substantially the same as the previous BDE petition, staffs review will be correspondingly reduced compared to a new BDE petition request. Therefore, it seems reasonable to recognize the reduced staff review and processing time required for the new Wahl BDE petition. The applicant will pay for all other applicable fees including advertising fees, etc.- according to the adopted fee schedule. FISCAL IMPACT: The reduced fee payment, if approved by BCC action, is less than code requires, however the amount seems fair because of the reduce staff efforts required to review and process the new BDE petition which will be based on the original BDE petition. Wahl BDE fee reduction request Page 1 of 2 Dated 6- 7- 12.revised: 6 -8 -12, 6 -12 -12 Packet Page -896- 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's Office, is legally sufficient and requires majority support for approval -STW. RECOMMENDATION: That the BCC approve the requested fee reduction. PREPARED BY: Nick Casalanguida, Administrator Growth Management Division Wahl BDE fee reduction request Dated 6- 7- 12.revised: 6 -8 -12, 6 -12 -12 Packet Page -897- Page 2 of 2 COLLIER COUNT17 Board of County Commissioners Item Number: 16.A.12. Item Summary: Recommendation to approve a Boat Dock Extension (BDE) zoning fee reduction request for the Wahl Boat Dock Extension. Meeting Date: 6/26/2012 Prepared By Name: SawyerMichael Title: Project Manager,Engineering & Environmental Servic 6/8/2012 10:55:17 AM Approved By Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 6/8/2012 1:46:14 PM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 6/11/2012 9:43:17 AM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 6/12/2012 9:52:46 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 6/13/2012 5:14:12 PM Name: WilliamsSteven Title: Assistant County Attorney,County Attorney Date: 6/18/2012 10:40:27 AM Name: WilliamsSteven Title: Assistant County Attorney,County Attorney Date: 6/18/2012 4:08:23 PM Packet Page -898- Name: WilliamsSteven Title: Assistant County Attorney,County Attorney Date: 6/19/2012 11:48:47 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 6/19/2012 12:00:15 PM Name: KlatzkowJeff Title: County Attorney Date: 6/19/2012 2:55:01 PM Name: OchsLeo Title: County Manager Date: 6/19/2012 4:02:51 PM Packet Page -899-