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Agenda 07/28/2009 Item #16B12Agenda Item No. 161312 July 28, 2009 Page 1 of 4 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve the use of the new "Bank — Drive —in" rate, effective June 8, 2009 for the purpose of re- calculating the applicable Road Impact Fees for the American Momentum Bank. OBJECTIVE: Recommendation that the Board of County Commissioners (Board) approve the use of the new `Bank — Drive —in" rate, effective June 8, 2009 for the purpose of re- calculating the applicable Road Impact Fees for the American Momentum Bank as an alternative to the applicant completing the previously requested Alternative Fee Calculation and that the Board of County Commissioners approve a reimbursement of Road Impact Fees in the amount of $154,408 which represents the difference between the impact fees paid prior to the issuance of the building permit and the re- calculated amount using the new rate. CONSIDERATIONS: On May 22 2008, Mr. Jeff Nunner of Nunner Engineering Services, representing American Momentum Bank, met with County staff to discuss conducting an Alternative Impact Fee Study for the proposed American Momentum Bank site at 8771 Tamiami Trail North. The petitioner also paid the $2,500 review fee as required by Section 74- 204(a)(1) of the Collier County Code of Laws and Ordinances (Code). The Building Permit for the proposed bank (Permit # 2007121501) was issued on November 6, 2008. The Road Impact Fees were paid in full, at the then current rates, with the understanding that the payment was made "under protest" pending the completion of the Alternative Impact Fee Study. In the event that the findings of the Alternative Impact Fee Study indicated that a lower Road Impact Fee rate was appropriate and the Alternative Impact Fee Study was subsequently endorsed and approved by the Board, any resulting overpayment of Road Impact Fees would then be reimbursed. The methodology and study approach were finalized on November 14, 2008 and the petitioner was approved to proceed with the requested study. On March 10, 2009, the Board adopted the Road Impact Fee Update Study, prepared by Tindale- Oliver and Associates. By way of the adoption of the Update Study and corresponding rate schedule the average decrease in impact fees for the residential categories was 6% and the average decrease in the commercial (non - residential) categories was 18 %. However, a small number of rate categories experienced significant downward adjustments, i.e. "Home Improvement Superstore" with a 42% decrease and `Bank — Drive -in" with a 63% decrease. The new rate schedule became effective on June 8, 2009 in accordance with Section 163.31801, Florida Statutes which requires "that notice be provided no less than 90 days before the effective date of an ordinance or resolution imposing a new, or amended impact fee. " Based on the findings of the Update Study and revised fee schedule, on April 17, 2009 Mr. Nunner, requested that the Alternative Impact Fee Study for the American Momentum Bank site be terminated and that the impact fees be re- calculated using the new `Bank — Drive -in" rate set forth by the Update Study. While the impact fee rate used for the calculation of the impact fees is determined by the application date for the building permit, which in this case is December 2007, staff agrees that an exception is warranted in this specific instance. Because of the significant reduction in the `Bank — Drive -in" rate, prescribed by the Update Study, recalculating the impact fees using the new rate will save the petitioner the time and cost of conducting the Alternative Impact Fee Study to achieve a foregone conclusion. Agenda Item No, 161312 July 28, 2009 Page 2 of 4 FISCAL IMPACT: If the Board approves the use of the new "Bank — Drive -in" rate for the calculation of the Road Impact Fees, a reimbursement in the amount of $154,408 will also be required. This amount represents the difference between the Road Impact Fees paid prior to the issuance of the Building Permit for the proposed development, totaling $296,848.43 and the re- calculated amount using the new rate, totaling $142,440.43. While this adjustment and corresponding reimbursement will reduce the availability of funding for capital improvements to the county's transportation facilities system the use of the new `Bank — Drive -in" rate accurately reflects the proposed facility's proportional share of the cost of public transportation facilities needed to accommodate the proposed development. Funds are available from the Impact Fee Trust fund. GROWTH MANAGEMENT IMPACT: Impact fees provide financial resources for the construction and/or expansion of the County's capital infrastructure, as necessary to accommodate growth. Development is required to contribute its fair share of the cost of providing public facilities necessitated by growth, however impact fees may not be collected in excess of the amount reasonably anticipated to fund such improvements. The fee, using the new "Bank — Drive -in" rate represents accurate assessment of the facility's impact and associated cost of providing transportation- related capital facilities attributable to the new development. LEGAL CONSIDERATIONS: The proposed is legally sufficient for Board action. This a regular agenda item requiring simple majority vote. Ex parte disclosures are not required. -HFAC RECOMMENDATION: That the Board of County Commissioners approve the use of the new "Bank — Drive —in" rate, effective June 8, 2009, for the purpose of re- calculating the applicable Road Impact Fees for the American Momentum Bank as an alternative to the applicant completing the previously requested Alternative Fee Calculation and that the Board of County Commissioners approve a reimbursement of Road Impact Fees in the amount of $154,408 which represents the difference between the impact fees paid prior to the issuance of the building permit and the re- calculated amount using the new rate, and any budget amendments that may be required related to this request. Prepared by, Nick Casalanguida, Director, Transportation Planning Department Amy Patterson, Impact Fee and Economic Development Manager, CDES Page 1 of 2 Agenda Item No. 10812 July 28, 2009 Page 3 of 4 file: / /C: \AaendaTest \Export \133 -July% 2028_% 202009 \l6. %2000NQ,F.NT %2.0ACTFNT)A \1 _ 7/77/,?009 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 161312 Item Summary: Recommendation that the Board of County Commissioners approve the use of the new Bank Drivein rate, effective June 8, 2009 for the purpose of re- calculating the applicable Road Impact Fees for the American Momentum Bank. Meeting Date: 7/28/2009 9:00:00 AM Prepared By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 7/7/2009 1:18:55 PM Approved By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 717/2009 10:51 AM Approved By Amy Patterson Impact Fee Manager Date Community Development & Environmental Services Financial Admin. &Housing 71812009 8 :27 AM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & 7/9/2009 1:42 PM Construction Management Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 7/9/2009 4:14 PM Approved By Gloria Herrera ManagementlBudget Analyst Date Transportation Services Stormwater Management 7/9/2009 4:59 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 7/10/2009 4:30 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 7113/2009 1:05 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/13/2009 3:01 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/17/2009 5:02 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date file: / /C: \AaendaTest \Export \133 -July% 2028_% 202009 \l6. %2000NQ,F.NT %2.0ACTFNT)A \1 _ 7/77/,?009 Page 2 of 2 ,agenda Item No. 16812 July 28, 2009 Page 4 of 4 Board of County County Manager's Office 7/ 1812009 12:23 PM Commissioners file: / /C:1AgendaTest\Fxnort 1133 - July % ?0?R 0/20?009\16 0/000ONCFNT�/"'?OA(;FN1lAv1 7/)) /'?nn4