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Agenda 02/09/2010 Item #16A3 Agenda Item No. 16A3 February 9, 2010 Page 1 of6 EXECUTIVE SUMMARY Recommendation to approve an impact fee reimbursement requested by Roetzel & Andress, LPA, on behalf of Piper's Crossing, LLC, totaling $182,151.43, due to the cancellation of a building permit OBJECTIVE: That the Board of County Commissioners (Board) approve the reimbursement of impact fees, requested on behalf of Piper's Crossing, LLC, due to the cancellation of Building Permit No. 2005094521. CONSIDERATIONS: Impact fees in the amount of $182,151.43 were paid for the above referenced building permit on October 27, 2006. The building permit was subsequently cancelled on March 3, 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 fOT 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 TeimbUTsements 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 $ 909.38 $ 10,463.07 $ 11,594.54 $ 1,183.06 $114,393.38 $ 23,305.00 $ 20,303.00 Total: $182,151.43 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) . Agenda Item No. 16A3 February 9, 2010 Page 2 of 6 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; therefOTe, 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 $25,000.00 or more, cannot be approved administratively and must be submitted to board of county commissioners." The OTdinance 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. -JAK RECOMMENDATION: Recommendation that the Board of County CommissioneTs approve a reimbursement of impact fees, requested on behalf of Piper's Crossing, LLC, due to the cancellation of Building Permit No. 2005094521 and authorize any budget amendments that may be required related to the Teimbursemcnt. Prepared by: Amy Patterson, Impact Fee and Economic Development ManageT, Business Management and Budget Office, CDES Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A3 Agenda Item No. 16A3 February 9, 2010 Page 3 of 6 Recommendation to approve an impact fee reimbursement requested by Roetzel & Andress, LPA, on behalf of Pipers Crossing, LLC, totaling $182,151.43, due to the cancellation of a building permit. 2/9/20109:00:00 AM Date Prepared By Amy Patterson Community Development & Environmental Services Manager ~ Impact Fees & EDe Business Management & Budget Office 1/14/20108:53:33 AM Approved By Date Jennifer White County Attorney Assistant County Attorney County Attorney 1/14/201011:56 AM Approved By Date Jeff Klatzkow County Attorney 1/14/20104:40 PM Approved By Date Gilbert Moncivaiz Public Utilities Division Impact Fee Coordinator Utilities Finance Operations 1/20/20109:10 AM Date Approved By James W. DeLany County Attorney County Attorney 1/21/20102:08 PM Date Approved By Thomas Wides Public Utilities Division Director - Operations Support - PUD Utilities Finance Operations 1/21/20102:43 PM Date Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services 1/22/20102:22 PM Nick Casalanguida Date Approved By Transportation Division Director ~ Transportation Planning Transportation Planning 1/25/20101:39 PM Approved By Norm E. Feder, Ale? Transportation Division Administrator ~ Transportation Transportation Administration Date 1/26/20103:19 PM Approved By Therese Stanley Transportation Division Agenda Item No. 16A3 February 9, 2010 Page 4 of 6 Manager. Operations Support. Trans Date Transportation Administration 1/28/20108:35 AM Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 1/28/201010:43 AM Date Approved By Susan Usher Office of Management & Budget ManagemenUBudget Analyst, Senior Office of Management & Budget 2/1/20106:24 PM Date Approved By Mark Isackson Office of Management & Budget Management/Budget Analyst, Senior Office of Management & Budget 2/2/20109:18 AM ALE GAL PRO F E 5 5 ION A LAS S 0 C"I A T ION 850 PARK SHORE !jll\li\'jil' 5 of 6 TRIANON CENTRE. THIRD FLOOR NAPLES, FL 34103 239.649.2712 DIRECT 239.649.6200 MAIN 239.261.3659 FAX dalewis@ralaw.com Ij~AND~Ssll December 3, 2009 VIA: HAND DELIVERY AND U.S. CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Paula Fleishman Impact Fee Coordinator Collier County Financial Administration and Housing Department 2800 N. Horseshoe Drive Naples, FL 34104 VIA: HAND DELIVERY AND U.S. CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Gilbert Moncivaiz Operations Analyst Collier County Public Utilities Division 3301 East Tamiami Trail Naples, Florida 34112 Re: Name of Applicant: Piper's Crossing, LLC, a Florida limited liability company (the "Applicant") Address of Applicant: c/o Crifasi Enterprises, Inc. 14700 Tamiami Trail North, Suite 8, Naples Florida 34110 Premises Location: 1209 Piper Boulevard, Naples, Florida (the "Premises") Date Impact Fee was Paid: See attached Permit Number: 2005094521 for payment dates Date Building Permit was Issued: October 27,2006 (Permit Number: 2005094521) Date Building Permit was Cancelled: March 3, 2009 (Permit Number: 2005094521 ) Dear Paula and Gilbert: We are transmitting to you on behalf of our client, the Applicant, our formal application for reimbursement of impact fees paid in connection with Permit Number: 2005094521 (the "Permit"). The Permit was officially cancelled on March 3, 2009, and pursuant to Section 74- 202(h) of the Collier County Code of Ordinances, our client is formally requesting the return of all impact fees (conditioned upon the below request to apply credit certain water and sewer impact fees to Permit Number: 2009100095) paid in connection with the Permit. In connection with the foregoing, enclosed please find the following: 1. Our firm's check number 493506 in the amount of $500.00 representing the "impact fee reimbursement processing fee" as required by Section 74-202(h)(1)f of the Collier County Code of Ordinances; and 2. A copy of the Collier County Building Permit Number: 2005094521. CLEVElAND TOLEDO AKRON COLUMBUS CINCINNATI WASHINGTON, D.C. TAllAHASSEE ORLANOO FORT MyERS NAPLES www.ralaw.com Agenda Item No. 16A3 February 9,2010 Page 6 of6 Ms, Paula Fleishman and Mr. Gilbert Moncivaiz December 3, 2009 Page 2 In addition, please note that we have been advised by Paula Fleishman that the receipt of payment for the impact fee pursuant to Section 74-202(h) of the Code is on file and that we would not be required to submit the same. If this is an error, please contact us immediately and we will obtain this and whateveT additional information you may need. As part of this application, our client requests that a portion of the water and sewer impact fees, paid by the Applicant on the Permit, equal to the amount of water and sewer impact fees due and owing on Permit Number: 2009100095 be promptly applied and credited to such Permit Number: 2009100095 (for your reference, I have attached a copy of this permit) and that all remaining water and sewer impact fees paid by Applicant on the Permit be returned to the Applicant as part of this application. To the extent that this request is denied by Staff, the Applicant requests that Staff provide a written basis for the denial of the same and that all impact fees paid by Applicant in connection with the Permit be Tefunded to the Applicant. Pursuant to our discussion, we are looking to get this application belaTe the Board of County Commissioners on the January 12, 2009 hearing date. Should you have any questions, comments or concerns, please do not hesitate to contact me. Very truly yours, ROETZEL & ANDRESS, LPA ~ DOUg~ DAL cc: Mr, Jack J. Crifasi, Jr. Mr. Leo E. Ochs, Jr., County Manager, Collier County, Florida Jennifer White, Esq. 604513 v_OJ \ 111496.0005