Agenda 03/22/2011 Item #16A5
3/22/2011 Item 16.A.5.
EXECUTIVE SUMMARY
Recommendation to approve a PUD amendment zoning fee rednction request for the Sahal Bay
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 Sabal Bay 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 13,2011. 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 January 27, 2011
memo 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. This PUD includes approximately 2,4 17 acres, 1,302 acres of
which will be placed in a conservation easement to the South Florida Water Management
District, (780 acres of which will eventually be turned over to Rookery Bay), The applicant
seeks a reduction in the overall fee such that acreage fees would not be required for the lands that
will be encumbered by a conservation easement or deeded to others ( i,e" not be required to pay
a fee on 1,302 acres), and thus would be rcquired to pay on only 1,115 acres,
2.417 acres
- L3 02 acres
1,115 acres
FEE COMPARISON
PUD Application Amendment Acreaue fee per fee Code $66,425
($6.000 + $25/acre for 2,417 acres)
PUD Application Amendment Acreage fee per applicant's request $33,875
($6,000 + $25/acre: for 1.1 ] 5 acres)
AMOUNT OF RELIEF SOUGHT BY APPLICANT $32,550
The Collier County Growth Management Division/Planning & Regulation Fee Schedule states that only
the BCC can reduce or waive fees, therefore staff advised the appl icant that BCC approval would be
required for this request. Because no changes are proposed for the 1,302 acres the petitioner is asking to
exclude from the acreage calculation, staff review of those lands would not be required, Therefore, it
seems reasonable to allow these lands to be cxcluded from the acreage fee calculations, The applicant
will pay all other applicable fees-fire review, comprehensive planning review, advertising fees, etc,-
according to the adopted fee schedule,
,-.
Packet Page -833-
3/22/2011 Item 16.A.5.
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 use this fee calculation method for
other PUD amendment requests, This method could be implemented if the PUD was reviewed and
approved with adopted preserves or conservation easements and if the amendment being
requested keeps those intact, then the area calculation should not apply,
FISCAL IMPACT:
The reduced fee payment, if approved by BCC action, is less than code requires, however the amount
seems fair because no impacts are expected to the 1,302 acres being excluded from the acreage fee
payment.
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, is legally sufficient and requires majority support
for approval. The only issue of concern that was raised (and addressed by staff) is that future PUD
amendment applicants be charged in the same manner as this applicant. -JAK,
RECOMMENDATION:
That the BCC approve the requested fee reduction and direct the County Manager or his
designee to apply this fee reduction policy consistently with other similar applications,
PREPARED BY:
Kay Deselem, AICP, Principal Planner, Land Development Services
Growth Management Division. Planning and Regulation
Attachments: 1) Applicant's summary of proposed changes
2) Memo to the BCC from the applicant's agent
Packet Page -834-
3/22/2011 Item 16.A.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16A5,
Item Summary: Recommendation to approve a PUD amendment zoning fee reduction
request for the Sabal Bay PUD petition
Meeting Date: 3/22/2011
Prepared By
Name: DeselemKay
Title: Planner, Principal, Engineering & Environmental Ser
2/25/2011 3:50,32 PM
Approved By
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 2/28/2011 9:26:08 AM
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 2/28/20119:27:51 AM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 2/28/2011 5:02:36 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 2/28/2011 5:22:41 PM
Name: FederNonn
Title: Administrator - Growth Management Div, Transportati
Date: 3/1 /20 11 11 :20:45 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/11/2011 3:24:09 PM
Packet Page -835-
3/22/2011 Item 16.A.5.
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 31141201] ] :5038 PM
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
Date: 3114120114:19,19 PM
Packet Page -836-
......', J, u'..'b........~ l'.'...e.........~....." JI::'...~..,,~......,........"J
,t:
Friday, January 14, 2011 8:50 AM
DeselemKay
Sabal 8ay - Bullet Points from Pre-App
3/22/2011 Item 16.A.5.
Jject:
a follow up to our pre-app meeting yesterday:
, ,mary of proposed changes
. Change RG areas to R (Residential); eliminate golf course as a use
. Revise the Bald Eagle Management Plan and don't include in PUD; not part of PUD; follow state/federal guidelines
. Provide access to the intersection of Bay and Hamilton Avenue
. Provide additional access on U,S, 41 at SI. Andrews Boulevard
. Delete the conditions of approval relative to affordable housing
. Revise the PUD to eliminate the "basin water quality rule"; water quality will be accomplished per permitting process
. Revise height of ALF from 3 stories or zoned height of 50' to 80' zoned height
. Revise list of uses in RecNillage Center to include car wash and post office
. No changes proposed for commercial/office section
. Changes to Residential Development Standards table - side yards and distance between structures
. Sidewalks - 5' both sides or 10' one side (change lrom 6' both sides or 10' one side); LDC deviation
. Courtesy copies of water quality reports required by permitting agencies to Rookery Bay
. Reduced environmental impacts
,rgaret Perry
nior Project Manager, Planning
isonMiller Stantec
)0 Saiiey Lane Suite 200
~)ies FL 34105
(Z~:'9) 649.4040 ExL 5873
(239) 643-5716
raaret. PerrvCcVstantec.com
:mte,c,com
8 k .,dnt of this email is the confidential property of Stantec and should not be copied, modified, retransmitted, or used for any purpose except with
tntec's written authorization, If you are not the intended recipient, please delete all copies and notify us immediately,
Please consider the environment before printing this email.
Packet Page -837-
3/22/2011 Item 16.A.5.
January 27,2011
To: Board of County Commissioners
(through Kay Deselem, Principal Planner)
From: Sabal Bay PUD Amendment Team
(through Margaret Perry)
Re: Alternative Fee Schedule for Sabal Bay PUD Amendment
A pre-application meeting was held with County staff on January 13, 2011 for a proposed PUD
amendment for the Sabal Bay PUD, As previously discussed with Nick Casalanguida and again
discussed at the pre-application meeting, we are requesting alternative fee calculations for this
application, The project includes approximately 2,417 acres, 1,302 of which will be placed in a
conservation easement to the South Florida Water Management District, and of which 780
acres will be deeded to the Rookery Bay Estuarine Reserve, Since there are no additional
lands being added to the project and the proposed PUD changes are fairly minor in nature that
will be handled in a cross-through/underline format, we are proposing to calculate the fees
based on 1,115 acres (2,417 minus 1,302).
We proposed the following fees:
Fee Amount
CDllier CDuntv PUD Amendment- Pre-App fees
Pre-application meetina (credited toward aDPlication fee; atreadv naid\ $500
Fire pre-application (separate check: already paid) $75
I TranspDrtation methodology (separate check; already paid) $500
! Total fees due for pre-application ----- $1,075
I
Collier CDuntv PUD Amendment ($6,000+ $25/acre; 1,115 acres) i $33,875
Comp Plan review $2,250
EIS $2,500
TIS $1,500
,-- --... $125
Fire
Estimated leaal advertisina CCPC' -
$925
Estimated leaal advertisinq BCC' --- -_.~_.,_. $500
Total PUD Amendment Fee ! $41,675
Minus the pre-application fee previDusly paid -500
TDtal Fees Due at Filing (CDllier CDunty) $41,175
-
'NDte: any Dver Dr under payment will be reconciled upDn receipt Df invoice from Naples Daily News
If the filing fees were based on the total acreage of the project, they would total $74,250, which,
respectfully, seems excessive given the proposed changes to the PUD, The Sabal Bay team
would appreciate approval by the Board of County Commissioners of the proposed alternative
fees for the PUD amendment application.
Packet Page -838-