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Item H6BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 10, 2015 Division: Growth Management Bulk Item: Yes ® No ❑ Department: Building Staff Contact Person: Wes Maltby, Interim Building Official Phone: 453-8729 AGENDA ITEM WORDING: Approval of refund to Ocean Reef Club for a miscalculation of impact fees paid on a permit issued on 7/29/14 in the amount of $9,947.58. ITEM BACKGROUND: Due to a calculation error, Monroe County assessed $42,188.01 of impact fees for building permit #14301193. This amount was based on 9,061 square feet of `general office' floor area. This was incorrect as a portion of the 9,061 square feet of floor area was for an accessory use, which was not an impact -producing nonresidential development. Based on the attached documentation, staff supports the full refund of the impact fees associated with the 2,040 SF of the accessory use. The accessory use is the `exercise area' to the residents living in neighboring buildings. Reducing the total square footage of office to 7,021 SF (9,061 SF — 2,040 SF accessory use) reduces the total impact fee from $42,188.01 to $32,689.77- a difference of $9,498.24. In addition, staff support a full refund of the "Fire Protection/EMS" sub impact fee due to Ocean Reef s unique situation in that Ocean Reef provides its own fire protection. The revised `Fire Protection/EMS" sub impact fee is $449.34. Therefore, this would be a total refund of $9,947.58 paid to Ocean Reef Club. Fees are being refunded directly to Ocean Reef Club as they have presented written proof of their payment of these fees directly to the contractor. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $ INDIRECT COST: $ BUDGETED: Yes ❑ No ❑ DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $ SOURCE OF FUNDS: 180-54501-590993 Yes REVENUE PRODUCING: ❑ No ❑ AMOUNT PER MONTH Year I) APPROVED BY: County Attorney: A OMB/Purchasing: ❑ Risk Management: ❑ DOCUMENTATION: Included: ® Not Required: ❑ DISPOSITION: AGENDA ITEM #: Revised 7/09 APPROVAL FOR REFUND IN THE AMOUNT OF $ THIS DAY OF 20 COUNTY ADMINISTRATOR REQUISITION FOR REFUND FROM COUNTY TREASURY STATE OF FLORIDA COUNTY OF MONROE PURSUANT TO SECTION 197.182, FLORIDA STATUTES, OCEAN REEF CLUB OF 35 OCEAN REEF DRIVE, SUITE 200, KEY LARGO, FL 33037 (PAYEE) (MAILING ADDRESS) HEREBY MAKES APPLICATION TO THE BOARD OF COUNTY COMMISSIONERS FOR REFUND OF $9,947.58 OF MONEYS PAID TO THE COUNTY, AND AS GROUNDS THEREFORE SET UP THE FOLLOWING FACTS: Per attached memo dated May 21, 2015 and receipt #03000022385, Ocean Reef Club was overcharged for impact fees in the amount of $9,947.58 relative to permit #14301193 and should be refunded said amount. Due to a calculation error, Monroe County assessed $42,188.01 of impact fees for building permit #14301193. This amount was based on 9,061 square feet of 'general office' floor area. This was incorrect as a portion of the 9,061 square feet of floor area was for an accessory use, which was not an impact -producing nonresidential development. Based on the attached documentation, staff supports the full refund of the impact fees associated with the 2,040 SF of the accessory use. The accessory use is the 'exercise area' to the residents living in neighboring buildings. Reducing the total square footage of office to 7,021 SF (9,061 SF — 2,040 SF accessory use) reduces the total impact fee from $42,188.01 to $32,689.77- a difference of $9,498.24. In addition, staff support a full refund of the "Fire Protection/EMS" sub impact fee due to Ocean Reef's unique situation in that Ocean Reef provides its own fire protection. The revised 'Fire Protection/EMS" sub impact fee is $449.34. Therefore, this would be a total refund of $9,947.58 paid to Ocean Reef Club. BUIL ING 7 FFICIAL / DATE ATTACHED HERETO IS ADDITIONAL PROOF TO ESTABLISH SUCH CLAIM, AS FOLLOWS: STATE OF FLORIDA COUNTY OF MONROE Sworn to and subscribed before me this 1 `"day of �_ " , 2015, by Wesley C. Maltby. My Commission Expires Sign �Prsona�lyure of Notary Public, tate of Florida known (or) Produced Identifica ion � TERESA L. SMITH State o1 Florida Type of Identification Produced: Notary Public y COMM. Expires Feb 23, 2019 '•F Oi FIFO`` CAIRf11�e1M1 Ff 174027 TO BE PAID FROM ACCOUNT: "' "AM. County of Monroe Growth Management Division We strive to be caring, professional and fair To: Monroe County B. O. C. C. From: Wesley C. Maltby, Building Official Date: May 21, 2015 Re: Refund Request Relative to Building Permit # 14301193 for Ocean Reef Due to a calculation error, Monroe County assessed $42,188.01 of impact fees for building permit #14301193. This amount was based on 9,061 square feet of 'general office' floor area. This was incorrect as a portion of the 9,061 square feet of floor area was for an accessory use, which was not an impact -producing nonresidential development. Based on the attached documentation, staff supports the full refund of the impact fees associated with the 2,040 SF of the accessory use. The accessory use is the 'exercise area' to the residents living in neighboring buildings. Reducing the total square footage of office to 7,021 SF (9,061 SF — 2,040 SF accessory use) reduces the total impact fee from $42,188.01 to $32,689.77- a difference of $9,498.24. In addition, staff support a full refund of the "Fire Protection/EMS" sub impact fee due to Ocean Reefs unique situation in that Ocean Reef provides its own fire protection. The revised 'Fire Protection/EMS" sub impact fee is $449.34. Therefore, this would be a total refund of $9,947.58 paid to D. Garrett Construction. See description of fees paid and fees corrected below. IMPACT FEE SUMMARY - PAID IMPACT FEE SUMMARY — FEES IMPACT FEE SUMMARY — FEES CORRECTED — FIRE STILL CHARGED CORRECTED —TOTAL FIRE REFUND Transporation $12,920.99 Transporation $10,011.95 Transporation $10,011.95 Park and Recreation $0.00 Park and Recreation $0.00 Park and Recreation $0.00 Library $0.00 Library $0.00 Library $0.00 Sheriff $1,014.83 Sheriff $786.35 Sheriff $786.35 Fire Protection/EMS $579.90 Fire Protection/EMS $449.34 Fire Protection/EMS $0.00 Solid Waste/Recycling $489.29 Solid Waste/Recycling $379.13 Solid Waste/Recycling $379.13 Fair Share Housing Fee $27,183.00 Fair Share Housing Fee $21,063.00 Fair Share Housing Fee $21,063.00 TOTAL $42,188.01 TOTAL $32,689.77 TOTAL $32,240.43 Page 1 of 1 5 ITEMS OF 5 MONROE COUNTY, FL PERMIT RECEIPT Sec:7 Twp:59 Rng:41 Sub: Blk: Lot:4 RE ........: 00081710000000 DATE ISSUED.......: 07/29/2014 RECEIPT #......... : 03000022385 REFERENCE ID # ...: 14301193 NOTES ............. OPERATOR: goetzman COPY # : 1 SITE ADDRESS .....: 100/120 NIRVANA LN - HR BUILDI SUBDIVISION ....... CITY KEY LARGO IMPACT AREA ....... OWNER ............: OCEAN REEF CLUB INC ADDRESS ..........: 35 OCEAN REEF DR STE 200 CITY/STATE/ZIP ...: KEY LARGO, FL 33037 RECEIVED FROM ....: D GARRETT CONTRACTOR .......: GARRETT, DONALD FRANCIS LIC # 09579 COMPANY D GARRETT CONSTRUCTION INC ADDRESS 4933 N TAMIAMI TRAIL #300 CITY/STATE/ZIP ...: NAPLES, FL 34103 TELEPHONE ........: (239)643-2900 FEE ID UNIT QUANTITY AMOUNT PD-TO-DT THIS REC ---------- NEW BAL ---------- ---------- 3A-I F COM ------------- FLAT RATE ---------- 1.00 ---------- 579.90 ---------- 0.00 579.90 0.00 3A-I FAIR FLAT RATE 1.00 27183.00 0.00 27183.00 0.00 3A-I R COM FLAT RATE 1.00 12920.99 0.00 12920.99 0.00 3A-I S COM FLAT RATE 1.00 1014.83 0.00 1014.83 0.00 3A-I W COM FLAT RATE 1.00 489.29 0.00 489.29 0.00 ---------- TOTAL PERMIT ---------- 42188.01 ---------- 0.00 ---------- 42188.01 0.00 *NOTE*: THIS RECEIPT HAS FEE CREDITS TOTALING: 2106.87 METHOD OF PAYMENT AMOUNT REFERENCE NUMBER ----------------- --------------- -------------------- CHECK 42,188.01 3362 SYNOUVUS --------------- TOTAL RECEIPT 42,188.01