Agenda 02/10/2015 Item #16F1 2/10/2015 16.F.1 .
EXECUTIVE SUMMARY
Recommendation to approve an assignment of impact fee credits in the amount of
$15,215.84 held by the First Congregational Church for right of way that was conveyed to
the County per Resolution 08-335.
OBJECTIVE: That the Board of County Commissioners (Board) approves an assignment of
impact fee credits in the amount of$15,215.84 held by the First Congregational Church for right
of way that was conveyed to the County per Resolution 08-335.
CONSIDERATIONS: Resolution 08-335 was approved by the Board of County
Commissioners on October 18, 2008. Paragraph 5 of the Resolution states the following:
"5. The owner or its successor and assigns shall be required to reserve right of way as
depicted in Attachment"B". The reserved road right of way shall be conveyed to Collier County
in fee simple in exchange for impact fee credits. The value of the credit shall be calculated at the
actual cost per acre in which the applicant has paid for the property to the previous property
owner. This dedication shall occur with 90 days of the approval of this Conditional Use."
On March 3, 2009 it was confirmed that the County received a properly executed deed,
attorney's title opinion and owner's affidavit for the property described in Attachment B of the
Resolution. The credit amount was verified by Transportation Engineering to be $139,142.79.
Subsequently, a portion of the credit in the amount of $100,711.12 was applied to a building
permit for the new church and the building permit was issued on April 15, 2009. A certificate of
occupancy was issued on December 21, 2009. The development is complete and there are
remaining unused road impact fee credits in the amount of $38,431.67. The church has
requested that they be allowed to assign a portion of the credits in the amount of$15,215.84 to
another development within the same road impact fee district.
Section 74-205 (n) of the Collier County Code of Laws and Ordinances states the following:
"Impact fee credits shall not be assigned or otherwise transferred from one development
to another development except by written agreement executed by the county, and then, shall only
be transferable within the same or adjacent impact fee district for the same type of facility impact
fee. This assignment may be to commercial and/or residential developments.
FISCAL IMPACT: The County received land in exchange for the road impact fee credits that
were given and the church is now requesting a portion of those credits be assigned.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary
Packet Page -578-
2/10/2015 16.F.1.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality, and requires majority vote for approval - JAK
RECOMMENDATION: Recommendation to approve an assignment of a portion of the
remaining road impact fee credits in the amount of$15,215.84 held by the First Congregational
Church for right of way that was conveyed to the County per Resolution 08-335.
Prepared by: Paula Fleishman, Senior Operations Analyst
Office of Management and Budget
Capital Project Planning, Impact Fees and Program Management
Attachments: 1. Resolution 08-335
2. Assignment of Impact Fee Credits
Packet Page-579-
2/10/2015 16.F.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.1.
Item Summary: Recommendation to approve an assignment of impact fee credits in the
amount of$15,215.84 held by the First Congregational Church for right of way that was
conveyed to the County per Resolution 08-335.
Meeting Date: 2/10/2015
Prepared By
Name: FleishmanPaula
Title: Operations Analyst, Senior, Business Management&Budget Office
1/26/2015 1:53:48 PM
Approved By
Name: PattersonAmy
Title: Manager-Impact Fees &EDC, Business Management&Budget Office
Date: 1/26/2015 2:20:51 PM
Name: KearnsAllison
Title: Manager Financial &Operational Support,Transportation Administration
Date: 1/26/2015 2:42:38 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/29/2015 10:49:08 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 1/30/2015 4:35:13 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/2/2015 12:03:57 PM
Packet Page-580-
2/10/2015 16.F.1 .
RESOLUTION 08-3.3.1_
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
CHURCH IN THE ESTATES (E) ZONING DISTRICT PURSUANT
TO SECTION 2.03.01.B.1.c.1 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE, FOR PROPERTY LOCATED IN
SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of approving a Conditional
Use for a 12,000 square-foot church with a seating capacity of 300, pursuant to Section
2.03.01.B.1.c.1 of the Collier County Land development Code (LDC) in the Estates (E) Zoning
District on the property hereinafter described, and the Collier County Planning Commission has
found as a matter of fact (Attachment "A") that satisfactory provision and arrangement have
been made concerning all applicable matters required by said regulations and in accordance with
Subsection 10.08.00.D. of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
Page 1 of 4
Packet Page-581-
2/10/2015 16.F.1 .
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier
County, Florida, that:
The petition filed by D. Wayne Arnold of Q. Grady Minor & Associates, P.A.,
representing the First Congregational Church of Naples, Inc., with respect to the property most
commonly described as 6225 Autumn Oakes Lane, Collier County, Florida, consisting of one 2.6
acre parcel more particularly described as Tract 22, Golden Gate Estates subdivision, Unit 97,
less the north 50 feet of said Tract 22, according to the plat thereof, recorded at Plat Book 7,
Page 96, of the Public Records of Collier County, Florida, be and the same is hereby approved
for a Conditional Use pursuant to Section 2.03.01.B.1.c.1 of the Collier County Land
Development Code in the Estates (E) Zoning District for a 12,000 square foot church with a
seating capacity of 300, in accordance with the Conceptual Master Plan (Exhibit"B"), subject to
the following conditions:
1. The Conditional Use is limited to what is shown on the Conceptual Site Plan
(Attachment B). The site plan is conceptual in nature for conditional use approval. The final
design must be in compliance with all applicable federal, state, and county laws and regulations.
2. At the time of SDP review and approval, the established water management
control elevation will be set no higher than 10.75 feet NGVD.
3. The water management to serve the church parcel will be required to provide
water quality treatment consistent with SFWMD standards and will be reviewed by Collier
County. Furthermore, the County has deemed the configuration of the water management area
as shown on the Master Plan to be acceptable.
4. Off-site discharge of storm water will not exceed the pre-development conditions
of the site. A "pre vs. post" analysis shall be provided as part of the Site Development Plan
process in order to make sure that this standard is met.
5. The owner or its successor and assigns shall be required to reserve right of way as
depicted in Attachment"B". The reserved road right of way shall be conveyed to Collier County
in fee simple in exchange for impact fee credits. The value of the credit shall be calculated at the
Page 2 of 4
Packet Page -582-
2/10/2015 16.F.1.
actual cost per acre in which the applicant has paid for the property to the previous property
owner. This dedication shall occur with 90 days of the approval of this Conditional Use.
6. The County will provide for a positive discharge point for storm water along
Autumn Oaks Lane for the subject property. The property owner and the County shall
coordinate the location to be mutually acceptable. The minimum discharge elevation to the
existing Autumn Oaks Lane roadside swale will be set at 10.4' NGVD. The project outfall
structure shall be designed to meet the outfall flows.
7. Collier County will construct gravity walls along the subject properties northern
property line within the County ROW and taper it to a shared slope and construction easement
along Valewood Drive in order to accommodate the perimeter water management swale and
landscape buffer for the church property. The property owner will be responsible for the
maintenance of the easement.
8. The County shall construct the sidewalk along Valewood Drive along the east
side and reduce the ROW "corner clip" behind the Immokalee/Valewood turn out. The County
will attempt to reduce the corner clip where feasible. The applicant will not be responsible for
construction of or payment in lieu for sidewalks adjacent to the project.
9. Any required preserve for the subject property may be provided off-site through
the acquisition of like property with subsequent donation to Collier County or through a payment
to Conservation Collier sufficient to secure an area consistent in both size and quality to the on-
site preserve area.
10. The maximum actual building height shall not exceed 75 feet above finished floor
elevation.
11. The maximum building square footage shall not exceed 12,000 with a maximum
congregational seat capacity of 300.
12. Day Care Facilities are prohibited except during church services.
Page 3 of 4
Packet Page -583-
2/10/2015 16.F.1.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super-majority vote, this /Z,day of
Q aO bag_ ,2008.
ATTEST:
DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS
COLLIER COUN Y, FLORIDA
By: Cat, 44,t,Q C . - •
wait as to ` "tt► Clerk •M HE ! airman
signors oaf **
Approved as to form and
legal sufficiency((:
Steven T. Williams ,1t-
Assistant County Attorney
Page 4 of 4
Packet Page -584-
2/10/2015 16.F.1 .
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12357
The following facts are found:
1. Section 2.03.01.B.1.c.7 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes [/No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fue or catastrophe:
Adequate ingress & egress
Yes w No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/No affect or Affect mitigated by <text>
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes / No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not)be recommended for approval <text>.
DATE: "" � ✓ � CHAIRMAN: ✓ tA.A-- () A'
Attachment A
Packet Page -585-
2/10/2015 16.F.1.
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12357
The following facts are found:
1. Section 2.03.01.B.1.c.7 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes )( No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes '& No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
Y No affect or Affect mitigated by <text>
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ,\ No
Based on the above findings, this conditional use should,with sti..i lations,(copy attached)
(should not)be recommended for approval<text>.
DATE: 5t T W Zcoc? -6I 4F'
1'1,0060Z_ 6s'-i t)
Attachment A
Packet Page -586-
2/10/2015 16.F.1.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12357
The following facts are found:
Section 2.03.01.B.1.c.7 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
not adversely affect other property or uses in the same district or neighborhood
because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes / No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience,traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes / No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or V Affect mitigated by <text> Jr/Pal--11-n&N 5
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district/Yes V No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not)be recommended for approval <text>.
DATE: q//F/OF MEMBER:M--rir��
Attachment A
Packet Page -587-
2/10/2015 16.F.1.
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12357
The following facts are found:
1. Section 2.03.01.B.1.c.7 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes ✓ No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes V No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or Affect mitigated by <text>
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes / No
Based on the above findings,this conditional use should, with stipulations, (copy attached)
(should not)be recommended for approval<text>.
DATE:
/8 r, et N: f2 ,/ ?-0/"DI
Attachment A
Packet Page -588-
2/10/2015 16.F.1.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12357
The following facts are found:
1. Section 2.03.01.B.1.c.7 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
not adversely affect other property or uses in the same district or neighborhood
because of:
A. Consistency with the Land Dev/ elopment Code and Growth Management Plan:
/
Yes •• No
B. Ingress and egress to property and proposed structures thereon with particular .-----
reference to automotive and pedestrian safety and convenience,traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress &egress
Yes
No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or Affect mitigated by <text>
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes 1 No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not)be recommended for approval <text>.
i
DATE: ( ' ' MEMBER:
v _
Attachment A
Packet Page -589-
2/10/2015 16.F.1.
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12357
The following facts are found:
1. Section 2.03.01.B.1.c.7 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress& egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or Affect mitigated by <text>
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No
Based on the above findings,this conditional use should,with stipulations, (copy attaches
(should not)be recommended for approval<text>.
DATE: 9''/, I V1I'171 ►�.
ti / 6/6-2 /0
Attachment A
Packet Page-590-
2/10/2015 16.F.1 .
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMNIISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12357
The following facts are found:
1. Section 2.03.01.B.1.c.7 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
not adversely affect other property or uses in the same district or neighborhood
because of:
A. Consistency with the Land,Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience,traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes
`' No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
J No affect or Affect mitigated by <text>
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes '� No
Based on the above findings, this conditional use should, wit stipulations, (copy attached)
(should not)be recommended for approval <text>.
DATE: ' 1 p MEMBER: _
Attachment A
Packet Page -591-
2/10/2015 16.F.1.
pVF p
+x 5 0 W i Li W
�L
-"W In.,c
t z C� � k K u K K emu►mu 8 O h x °
R n ^ i A YIrn rnG a
it id ~ TN Oh G ^ n`rL'. •rit
ela
d x WF O N N N N In V)I1AJ yVI N N r.!'1 V.
<W 27�H & ° G: G: a c ¢K!s_'K W W
P.
c
an 6 tt czp� N ° IyY� BF z G' 2
ct s 0 0 0 0 00O ° N €:
q Y U A a< I•�1 W R >a U z t, D = IL < W O y�-41 rn
O OW d K W U < < N N <b Y= m R W - < W y 'LSC+La
> N O 4 ~ v.5 W pW[ N Z tY YI O < N N co N < .4 < W C n
tC O < h V pW. V R' N—E X O W W N W V W
a V N d m 1 Z <`mm N1 l<] V w¢ 1 < 5 5 Q 6 s O K Z < o F s
yj 4' K WP <Y S
0 —, % I l 'A i n O No r gl °'VI. m Z m r 7 z < N b <z g K j
z ; Y: L a Z N N Vi . W 7 W R no o -, `N z W -' - Ii E a a DS
W L 4 U' NN '-' Z S <
0 \ C N n 7S ' 1 1 t3< 1 II • :• W W ' wr W r et O Z
\ Wi
1:1• ,. .. E - n v fJ) m a OS o u or g
a.
H
N y Z
fll a ..6 a N O<.0. 4'W K W W O 1Li
. 0.G. O`NN NOL 1 O G
an n i N a JNINOZ 3
s
fl3dO13A3aNn `"
3Iti
Y ..
gierr:„..,=Neaffech,,, ,7,4eiridILTAMEIL,..Irklibilki ...,.,,. \\ latank,.. \::..,,,,,,
OW
..
x l G n�O�l►��► �l�1l�O t∎Nil►�►�l►�l �IINb3f COL•,L `A --V.♦ 4 W�'. \ -..,r111_17---04M1111111PrAll
r 7 ----- -...17:1:-.. 77 4.,:i..: ::(::1:: :..i:: :: ::::.6- o w W W
. . : `i..v.: .s L ,<. t• v�� 4,-.,,,""v"i', f � � tEi' t�;w r . F ,, r } w�°� L Vi?. K ` ' /- w w o Z �*to
\ I i
c fry — — t,q K� Z rat IL 4
N o 0.
� � ii _ �"
J1�K R uLL..�IN..�1.i. '..i.1 W {L 1'I p
Q W 1 M f. r. r[( N
O S 1.�tc. O > Q
m \ I ai f": o [ z iu Q f.;§. 3`i-
ce,_
uj
x
d xn a 5
Y. � z, >> w asu Tr F' ! WU::
i---� "3 I Z t� ,.
\ II ,esMt� t:ll \ �' D„
,� _� _ II11111 Q Li Q' O
F' K
a h 13�tit r I V a
1214% 1-1 •. es I ••i. 1.'i' 1 •F ! 11 J � ._ • • — • '-. �Z 00 u.
✓ tri uQ W
n
I 0 1 J g
I� Z maw 4 r
JNINOZ3 4� �` W�a
I I I btitl8W3 OSIW N r m m
o u1 = II a
/I
Packet Page -592- EXHIBIT "B"
2/10/2015 16.F.1 .
ASSIGNMENT OF IMPACT FEE CREDITS
THIS ASSIGNMENT OF IMPACT FEE CREDITS is made 3v and between the First
Congregational Church ("Assignor"), criv fruk_T-riZa55 ,cut)R.IDA,)1"(I'Assignee"), and Collier
County, for the purpose of transferring all or a portion of the remaining Impact Fee Credits held by
Assignor arising out of Resolution No. 08-355,
Assignor wishes to convey to Assignee certain Impact Fees Credits granted through the
Agreement. The attached Exhibit itemizes the types and amounts of the Impact Fee Credit
transferred to the Assignee.
In consideration of assenting to this Assignment, with its increased administration burden,
Assignor and Assignee hereby jointly and severally indemnify and hold harmless Collier County
against any and all present and future claims of whatever kind arising out of the transfer and ultimate
use of these Impact Fee Credits, including but not limited to administrative errors by Collier County
staff Prior to payment of the impact fee, Assignee shall notify the County that a credit is available
by submitting the then-current County approved Impact Fee Credit Consent Form.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
appropriate representatives, as of the date first above written.
DATE: --2°/5 ASSIGNOR:
By:
Print Name/Title: &eS akgya-
STATE OF
COUNTY OF.-
The foregoing instrument was acknowledged before me this day . 20 by
- as for , ho is
personally known to me or has produced / .- as identification.
(Notary Seal)
--Signature of Notary Public
JENNIFER HAYES
1), '14 MY COMMISSION#FF 079628
EXPIRES:February 3,2017 Print, type,or stamp name of Notary Public
landed Thru Notary Pubic Underwriters
DATE: ASSIGNEE:
7-)
----
By: 'iitiCe-'4,-)f--t_a-)"!.
Print Na /Title: c2 /fr,s/A .0d5r43
STATE OF - -
COUNTY OF - --- -
The foregoing instrument was acknowledged before me this day of - - , , 20
as for L- who is
personally known to me or has produced as identification.
(Notary Seal)
Signature of Notary Public, „
JENNIFF_FI HAYES
MY COMMISSION#FF 079628 Print type,or stamp name of Notary Public
rXPWRE S'Fdo ri ry 3,e2 t
2017 Thru Notary Pubic Unce
t1 '' Packet Page-593-
2/10/2015 16.F.1 .
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk TIM NANCE, CHAIRMAN
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
Packet Page -594-
2/10/2015 16.F.1.
EXHIBIT
Building Permit# R..Pj J-Qa 1'4 Q 1 p 3 or
or
Site Development Plan/Plat AR#Number:
i
Impact Fee Credit Amount: $ 5) '2-15' al+ %-
Impact Fee Credit Type(i.e. Road, Park, Schools): K 4.1)
Please issue credit from(choose one): Cash Pre-Payment Ledger or Credit Ledger
Packet Page-595-