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Agenda 06/28/2011 Item #16A12 6/28/2011 Item 16.A.12. EXECUTIVE SUMMARY Recommendation to approve an impact fee reimbursement requested by Two Lakes Development, LLC, totaling $869,132.69, due to the cancellation of a bnilding permit. OBJECTIVE: That the Board of County Commissioners (Board) approve the reimbursement of impact fees, requested by Two Lakes Developmcnt, LLC, due to the cancellation of Building Permit No. 2007052690. CONSIDERA nONS: Impact fees in the amount of $869,132.69 wcre paid for the above referenced building permit on December II, 2007. The building permit was subsequently cancelled on March 9, 2009 and request for reimbursement of the impact fees has been submitted. Section 74-202 of Article II of Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, provides for specific criteria and procedures for processing routine and non-routine requests for impact fee reimbursements. Specifically, as set forth by Section 74-202 (h) (5): "All reimbursement requests totaling twenty:jive 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 Government Buildings Jail Law Enforcement Road Sewer Water $ 15.590.96 $ 82.279.21 $ 39.085.62 $ 33.293.97 $ 525.632.93 $ 87,875.00 $ 85.375.00 Total: $ 869,132.69 Road Impact Fees paid, related to the Site Development Plan (SOP) to obtain a Certificate of Adequate Public Facilities (COAl, arc non refundable and are not included as part of this request. These Road Impact Fees will run with the subject land for use on future development. Although this development utilized water services, with measurable consumption, Public Utilities has considered all associated factors and concludes that the consumption, in this instance, does not warrant the withholding of a water/sewer impact fee refund. If a full water/sewer impact fee refund is authorized, Public Utilities requests that the balance attributable Packet Page -641- 6/28/2011 Item 16.A.12. to utility account consumption/availability ($5.443.34) be paid In full before issuance of the refund. 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, which was deposited into Fund 107 (Impact Fee Administration). GROWTH MANAGEMENT IMPACT: Remittance of the requested impact fee reimbursement may adversely affect capital project funding; however, the building permit has been cancelled and the proposed building will not be constructed on the site at this time; therefore, a reimbursement is due to the customer. LEGAL CONSIDERATIONS: Section 74-202(h) of the Consolidated Impact Fee Ordinance provides that "In the event a building permit issued for a development.. .(ii) is officially cancelled, ...the then current owner/applicant may, within four years of payment, apply for a reimbursement of a portion of or the entire impact fee..," The Section goes on to provide that "All reimbursement requests totaling $25,000 or more, cannot be approved administratively and must be submitted to board of county commissioners." The ordinance 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. Accordingly, this request is legally sufficient for Board consideration and approval. - .1 AK RECOMMENDATION: Recommendation that the Board of County Commissioners approves a reimbursement of impact fees, requested by Two Lakes Development, LLC, due to the cancellation of Building Permit No. 2007052690 and approve any budget amendments that may be required related to the reimbursement. Prepared by: Amy Patterson, Impact Fee and Economic Development Manager Growth Management Division -- Planning and Regulation Attachments: I) Refund request Packet Page -642- 6/28/2011 Item 16.A.12. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12. Item Summary: Recommendation to approve an impact fee reimbursement requested by Two Lakes Development, LLC, totaling $869,132.69, due to the cancellation of a building permit. (Amy Patterson, Impact Fee & EDC Manager/Growth Management Division/Planning & Regulation) Meeting Date: 6/28/2011 Prepa red By Name: PattersonAmy Title: Manager. Impact Fees & EDC,Business Management & 6/10/2011 12:57:36 PM Approved By Name: PuigJudy Title: Operations Analyst, CDES Date: 6/14/201 J 8:49:32 AM Name: WidesTom Title: Director - Operations Support - PUD,Utilities Fina Date: 6/15/2011 10:22:46 AM Name: TaylorUsa Title: Management/Budget Analyst,Transportation Administr Date: 6/15/2011 10:30:16 AM Name: MarcellaJeanne Title: Executive Secretary ,Transportation Planning Date: 6/16/2011 1 :40:06 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/16/2011 1:54:14 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Officc of Manage Packet Page -643- Date: 6/20/2011 10:22:57 AM Name: YilmazGeorge Title: Director - Wastewater,Wastewater Date: 6/21/2011 3:56:19 PM Name: OchsLeo Title: County Manager Date: 6/21/2011 4:16:12 PM 6/28/2011 Item 16.A.12. Packet Page -644- 6/28/2011 Item 16.A.12. PHOENIX ASSOCIATES OF SOUTH FLORIDA, INC. CGC #034149 WWW.PHOENIX-ASSOCIATES.COM Authorized Builder for NUCOR Building Systems Corporation TWO LAKES - IMPACT FEE REIMBURSEMENT REOUEST June 14,2011 Collier County Development Services c/o Paula Fleishman Impact Fee Coordinator 2800 North Horseshoe Drive Naples, Florida 34104 Building Permit #2007052690 Dear Paula, Per our client's request, we are submitting this request for the allowable impact fee reimbursement for the above listed building permit. Once you have prepared the documents and cost summaries for BCC approval please forward to our offices, Thank You. Respect Brian Howell V.P. Phoenix A sociates of South Florida, Inc. CORPORATE OFFICES 2590 NORTHBROOKE PLAZ' -_...~ M"__ '08 - NAPLES, FLORIDA 34119 PH 239, Packet Page -645- -596-2637