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Agenda 02/09/2010 Item #16A6 Agenda Item No. 16A6 February 9,2010 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve an impact fee reimbursement requested by Yas-Ari, LLC, totaling $93,244.45, due to the cancellation of a building permit OBJECTIVE: That the Board of County Commissioners (Board) approve the reimbursement of Collier County Impact Fees, requested by Yas-Ari, LLC, due to the cancellation of Marco Island Building Permit No. 075071. CONSIDERATIONS: Collier County Impact Fees in the amount 01'$93,244.45 were paid to the City of Marco Island, for the above referenced building permit, on September 8,2008. The City of Marco Island remitted the impact fees to Collier County on October 31, 2008 in accordance with the executed Interlocal Agreement. The building permit was subsequently cancelled on December 5, 2009 and a 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 (Code), 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-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 Government Buildings Jail Library Regional Parks Road School $ 793.23 $ 3,950.11 $ 1,276.95 $ 368.18 $ 1,659.00 $ 82,334.98 $ 2,862.00 Total: $ 93,244.45 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. 16A6 February 9,2010 Page 2 of4 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 $25,000.00 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. -JAK RECOMMENDA TION: Recommendation that the Board of County Commissioners approve a reimbursement of impact fees, requested by Yas-Ari, LLC, due to the cancellation of Marco Island Building Permit No. 075071 and authorize any budget amendments that may be required related to the reimbursement. Prepared by: Amy Patterson, Impact Fee and Economic Development Manager, CDES Item Number: Item Summary: Meeting Date: Agenda Item No. 16A6 February 9, 2010 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A6 Recommendation to approve an impact fee reimbursement requested by Yas-Ari LLC, totaling $93,24445, due to the cancellation of a building permit. 2/9/20109:00:00 AM Manager -Impact Fees & EDe Date Prepared By Amy Patterson Community Development & Environmental Services Business Management & Budget Office 1/21/20103:20:27 PM Approved By Date Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services 1/22/20102:24 PM Norm E. Feder, Alep Administrator ~ Transportation Date Approved By Transportation Division Transportation Administration 1/26/2010 3:08 PM Approved By Therese Stanley Transportation Division Manager ~ Operations Support ~ Trans Date Transportation Administration 1/28/201010:11 AM Nick Casalanguida Director ~ Transportation Planning Date Approved By Transportation Division Transportation Planning 1/28/20101:51 PM Approved By OMS Coordinator County Manager's Office Date Office of Management & Budget 1/28/20104:33 PM Approved By County Attorney Date Jeff Klatzkow 1/29/20104:09 PM Approved By Date Susan Usher Office of Management & Budget Management/Budget Analyst, Senior Office of Management & Budget 2/1/20106:21 PM Mark Isackson Date Approved By Office of Management & Budget Management/Budget Analyst, Senior Office of Management & Budget 2/2/20109:42 AM Agenda Item No. 16A6 February 9, 2010 Page 4 of 4 ~ YAS-AAI, LLC. 1.1 1 Kirk Terr_ Meroo "lend, PL 34145 Tell 238............ Fma _.1133 ..... December 4, 2009 Subject: Marco Beach Unit 5, Tract "L" Zoned Commercial Permit #075071 Mr. Bob Mahar Marco Island City Hall 50 Bald Eagle Drive Marco Island, FL 34145 Dear Mr. Mahar, I'm writing to request a refund of our impact & associated fees for permit #075071 due to current economic and real estate cUmate. The constnll:tion and land cost simply exceed any returns and we have been unable to secure commercial fmancing for this project. No work or inspections have been performed in conjunction with this permit. We are in process of rezoning the subject property from its' current C-I designation to its previous designation of C-3. If the rezoning is successful, we will proceed with plans for a much smaller single story commercial building. Sincerely, Thomas Garousi Managing Partner 609-410-3523 CC: Greg Fishell (Florida Bay Builders) "\ G!\R. v\AS'\ @ G~\ ,(0"'\