Agenda 04/26/2011 Item #16A2
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4/26/2011 Item 16.A.2.
EXECUTIVE SUMMARY
Recommendation to approve an impact fee reimbursement requested by EverBank for the LUSllO
Villas CondominiumNillas Pienza II project, totaling $40,297.24, due to the downward revision to a
building permit
OBJECTIVE: That the Board of County Commissioners (Board) approves the reimbursement
of Collier County Impact Fees, requested by EverBank for the Lusso Villas CondominiumlVillas
Pienza II projec~, due to the downward revision to City of Naples Building Permit No. 06~46S5.
CONSIDERATIONS: . Collier County Impact Fees were paid to the City of Naples, for the
above~referenced building permit, on March 27, 2007. The City of Naples remitted the impact
fees to Collier County on April 13, 2007, in accordance with the executed Interlocal Agreement.
The building permit, originally issued for ten units was subsequently revised to delete five units,
and on March 18, 2011, the customer submitted a request for reimbursement of the impact fees
related to the five units that will not be constructed.
Section 74-202 of Article II of Chapter 74 of the Collier County Code of Laws and Ordinances
(Code), the Collier County Consolidated Impact Fee Ordinance No. 2001-13, as amended,
provides for specific criteria and procedures for processing routine and non-routine impact fee
reimbursement requests. Specifically, as set forth by Section 74-202 (h) (5):
"All reimbursement requests totaling twenty-five thousand dollars ($25,000) or more,
cannot be approved administratively and must be submitted to the Board of County
Commissioners. "
FISCAL IMPACT: The recommended impact fee reimbursements will be paid from the funds
specifically budgeted for impact fee reimbursements as follows:
Emergency Medical Services $ 613.35
Government Buildings $ 2,215.46
Jail $ 1,076.90
Library $ 1,752.53
Regional Parks $ 7,911.00
Road (District 3) $ 26.728.00
Total: $ 40,297.24
Additionally, Section 74-202 of the Code provides for an administrative processing fee equal to
the greater of $25 or 2% of the requested reimbursement, with the fee not to exceed $500. This
processing fee offsets the administrative costs associated to the reimbursement. The applicant
has paid the fee, in the amount of $500.00, which was deposited into Fund 107 (Impact Fee
Administration).
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4/26/2011 Item 16.A.2.
GROWTH MANAGEMENT IMPACT: Remittance of the requested impact fee
reimbursement may adversely affect capital project funding; however, the building permit has
been revised and a portion of the proposed units will not be constructed on the site at this time;
therefore, a reimbursement is due to the customer.
LEGAL CONSIDERATIONS: This request is legally sufficient for Board consideration, and
requires majority approval. ~ JAK
RECOMMENDATION: That the Board of County Commissioners approves the
reimbursement of Collier County Impact Fees, requested by EverBank for the Lusso Villas
CondominiumNillas Pienza II project, due to the downward revision to City of Naples Building
Permit No. 06-4655.
Prepared by: Amy Patterson, Impact Fee and Economic Development Manager
Growth Management Division - Planning and Regulation
Attachments:
1) Refund request
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4/26/2011 Item 16.A.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.2.
Item Summary: Recommendation to approve an impact fee reimbursement requested by
EverBank for the Lusso Villas Condominium/Villas Pienza II project, totaling $40,297.24, due to
the downward revision to a building permit
Meeting Date: 4/26/2011 .
Prepared By
Name: PattersonAmy
Title: Manager - Impact Fees & EDC,Business Management &
3/31/2011 2:44:16 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 4/5/2011 10:10:16 AM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 4/5/2011 5:26:17 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 4/7/2011 3:21 :33 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 4/13/2011 8:14:15 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 4/14/2011 10:36:45 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/15/201111:43:09 AM
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4/26/2011 Item 16.A.2.
Name: OchsLeo
Title: County Manager
Date: 4/16/2011 7:54:09 PM
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4/26/2011 Item 16.A.2.
. ~EverBanK
March 18, 2011
Ms. Paula Fleishman, Impact Fee Coordinator
Collier County Growth Management Dept.
2800 North Horseshoe Drive
Naples, Florida 34104
Re: Impact Fee Refund Request
Lusso Villas Condominium
4882 - 4886 West Blvd Ct
Building Permit #06-4655
Dear Ms. Fleishman:
In response to your recent conversations with our agent Rick Mercer, please note that EverBank
has acquired all unsold assets and lands of the Lusso Villas Condominium project
(previously known as Villas Pienza II) formerly owned and developed by Park Shore 10, LLC. A
copy of our deed is attached for confirmation.
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As originally designed, Lusso Villas Condominiums were to consist of two, 5 unit buildings for a
total of 10 dwelling units. For economic reasons, the original developer only constructed 1 of
those buildings, or 5 total dwelling units. It is our understanding that when the project was
originally permitted, impact fees were paid for both buildings and the purpose of this letter is to
request a refund of the impact fees paid for the 5 units not constructed. As we are unsure
when market conditions will improve to demand project completion, we feel it prudent to request a
refund of those fees at this time.
The refund check should be made payable to EverBank and forwarded to my attention at the
address included herein. Our agent, Mr. Mercer, will be in further contact with you regarding the
other items you require in order to process this refund request and we appreciate your assistance
in this matter. All questions regarding this matter should be directed to Mr. Mercer who is our
liaison for this project.
o gl s W. Nelson
Vice resident Real Estate Sales Manager
EverBank
1185 Immokalee Road
Naples, Florida 34110
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EverBank Customer Care Center · 11 Oval Drive · Suite 107 . Islandia, NY 11749-1416
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