Agenda 01/11/2011 Item #16A 7
EXECUTIVE SUMMARY
Agenda Item No. 16A7
January 11, 2011
Page 1 of 3
Recommendation to approve the request by Creekside West, Inc. to allow for the future transfer
Road Impact Fees paid for one parcel within the Creekside Planned Unit Development (PUD) to
another parcel within the same PUD, as the subject development on the original parcel is changing
from the construction of a shell building to the construction of a parking garage, which does not
require the payment of Road Impact Fees.
OBJECTIVE: That the Board of County Commissioners (Board) approves the request by Creekside
West, Inc. to allow for the future transfer Road Impact Fees paid for one parcel within the Creekside PUD
to another parcel within the same PUD, as the subject development on the original parcel is changing
from the construction of a shell building to the construction of a parking garage, which does not require
the payment of Road Impact Fees.
CONSIDERA TIONS: On October 29, 2002, a building permit application was submitted for the
construction of a shell building in the Creekside Commerce Park (Creekside PUD). The permit was
issued on July 2, 2004 and Transportation Impact Fees were paid, by way of a Developer Contribution
Agreement (DCA) in the amount of $140,320.
To date, construction has commenced only to the point of a partial footer for a column of the planned
building. The permit is active, with an expiration date of July 23, 2011. The property owner, Creekside
West, Inc. will be cancelling the 2002 building permit for the un constructed shell building. The subject
parcel is being sold and the new owner will be applying for a permit to construct a private parking garage
on the site. The sales contract provides that the seller Creekside West, Inc retains the rights to the impact
fees previously paid. Parking garages are not subject to the assessment of Road Impact Fees, therefore,
the Road Impact Fees previously paid, win not be utilized. The property owner has requested that the
Board authorize the future transfer of the previously paid Road Impact Fees to another parcel within the
Creekside PUD that is also owned by Creekside West, Inc.
Typically, impact fees paid run with the land and may not be transfelTed, except in accordance with
specific provisions related to Developer Contribution Agreements. However, the circumstances related to
this request are unique, as the construction for which the Road Impact Fees were originally paid will not
be commencing, the building permit will be cancelled, and instead a parking garage, which does not
require the assessment of Road Impact Fees, is proposed to be constructed on the site. The request for
transfer is limited to the same PUD and also limited to the same property owner, Creekside West, Inc.
Further, due to the time that has elapsed since the payment of the impact fees, reimbursement related to
building pennit cancellation is not an option. Impact fee reimbursements must be requested within four
years of payment. Impact fees for the shell building were paid in July of 2004. Therefore if the Board
does not authorize the request for transfer, the impact fees will run with the land, but will not be utilized
due to the type of construction proposed for the site.
Staff recommends approval of this request; however, the building permit for the shell building
(#2002102460) must be cancelled prior to the transfer of the Road Impact Fees.
FISCAL IMPACT: There is no fiscal impact related to this request. The property owner is seeking the
future transfer of $140,320 in Road Impact Fees that were previously paid for construction that will not be
commencing. Instead, upon approval, development on the subject property will consist of a parking
garage that does not require the assessment of Road Impact Fees. If approved, the request will allow
Agenda Item No. 16A7
January 11, 2011
Page 2 of 3
$140,320 of Road Impact Fees to be utilized for future construction within the same PUD and owned by
Creekside West, Inc.
GROWTH MANAGEMENT IMP ACT: There IS no Growth Management Impact related to this
request.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires simple
majority vote. - JAK
RECOMMENDA TION: That the Board of County Commissioners approves the request by Creekside
West, Inc. to allow for the future transfer Road Impact Fees paid for one parcel within the Creekside PUD
to another parcel within the same PUD, as the subject development on the original parcel is changing
from the construction of shell building to the construction of a parking garage, which does not require the
payment of Road Impact Fees.
Prepared by: Amy Patterson, Impact Fee and Economic Development Manager
Growth Management Division - Planning and Regulation
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A7
January 11, 2011
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A7
Recommendation to approve the request by Creekside West, Inc. to allow for the future
transfer of Road Impact Fees paid for one parcel within the Creekside Planned Unit
Development (PUD) to another parcel within the same PUD, as the subject development on
the original parcel is changing from the construction of a shell building to the construction of a
parking garage, which does not require the payment of Road Impact Fees.
1/11/2011 9:00:00 AM
Prepared By
Amy Patterson
Community Development &
Environmental Services
Manager - Impact Fees & EDC
Date
Business Management & Budget Office
12/22/20102:17:01 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
Approved By
12/22/20104:38 PM
Nick Casalanguida
Transportation Division
Director - Transportation Planning
Date
Transportation Planning
12/23/20109:49 AM
Approved By
Norm E. Feder, AICP
Transportation Division
Administrator - Transportation
Date
Transportation Administration
12/28/2010 8:35 AM
Approved By
OMB Coordinator
County Manager's Office
Date
Office of Management & Budget
12/31/2010 10:03 AM
Approved By
Jeff Kiatzkow
County Attorney
Date
Approved By
12/31/20104:03 PM
Therese Stanley
Office of Management &
Budget
Manager - Operations Support - Trans
Date
Office of Management & Budget
114/2011 9:38 AM
Approved By
Mark isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Date
Office of Management & Budget
114/201111:11 AM