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Agenda 03/10/2015 Item #16F1 3/10/2015 16.F.1 . EXECUTIVE SUMMARY Recommendation to approve an assignment of impact fee credits in the amount of $23,215.83 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$23,215.83 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 18th. 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 and the development is complete. On February 10, 2015,the Board of County Commissioners approved an assignment of a portion of the impact fee credits in the amount of$15,215.84. The church has requested that they be allowed to assign the remaining credits in the amount of $23,215.83 to another development within an adjacent 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 -1356- 3/10/2015 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 the remaining road impact fee credits in the amount of$23,215.83 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-1357- 3/10/2015 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$23,215.83 held by the First Congregational Church for right of way that was conveyed to the County per Resolution 08-335. Meeting Date: 3/10/2015 Prepared By Name: FleishmanPaula Title: Operations Analyst, Senior,Business Management&Budget Office 2/23/2015 10:26:00 AM Submitted by Title: Operations Analyst, Senior,Business Management&Budget Office Name: FleishmanPaula 2/23/2015 10:26:01 AM Approved By Name: KearnsAllison Title: Manager Financial &Operational Support,Transportation Administration Date: 2/23/2015 12:04:18 PM Name: PattersonAmy Title: Manager-Impact Fees&EDC,Business Management&Budget Office Date: 2/24/2015 10:13:34 AM Name: KlatzkowJeff Title: County Attorney, Date: 2/24/2015 4:13:00 PM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 3/3/2015 1:22:27 PM Packet Page-1358- 3/10/2015 16.F.1 . Name: OchsLeo Title: County Manager, County Managers Office Date: 3/3/2015 4:12:45 PM Packet Page -1359- 3/10/2015 16.F.1 . RESOLUTION 08- 335 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-1360- 3/10/2015 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 -1361- 3/10/2015 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-1362- 3/10/2015 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 /2S day of e©bag— ,2008. ATTEST: DWIGHT E. BROCK,Clerk BOARD OF ZONING APPEALS COLLIER COUN Y, FLORIDA B M QC . • •'= Attoit as to '• -," ► Clerk +M HE airman slgnatiire Approved as to form and legal sufficiency: Steven T. Williams 511,-- Assistant County Attorney Page 4 of 4 Packet Page -1363- 3/10/2015 16.F.1 . 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 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 ss 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 attached) (should not)be recommended for approval <text>. DAT E: { ✓ CHAIRMAN: I c " Attachment A Packet Page-1364- 3/10/2015 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 rN No Based on the above findings,this conditional use should,with stir J lations,(copy attached) (should not)be recommended for approval<text>. DATE: - `+TT W ZcCi& . Itit��t�Z .f 00 Attachment A Packet Page -1365- 3/10/2015 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 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> ...1 T7Puvft-77 d N 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>. / D Y MEMBER:/�- �'»��E -� -cG 01� i D ATE: 9� Attachment A Packet Page -1366- 3/10/2015 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: 17' 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 I/ No Based on the above findings,this conditional use should, with stipulations, (copy attached) (should not)be recommended for approval<text>. DATE: ?r8 ` e1 N: Attachment A Packet Page -1367- 3/10/2015 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:. I/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>. te ' (-- i D MEMBER: / - . DATE: 6j Attachment A Packet Page-1368- 3/10/2015 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 attache. (should not)be recommended for approval <text>. DATE: 9"-je, t -ur1'r . Attachment A Packet Page-1369- 3/10/2015 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 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 J and control, and access in case of fire or catastrophe: Adequate ingress&egress J Yes N a 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 I No Based on the above findings, this conditional use should,wit stipulations, (copy attached) (should not)be recommended for approval <text>. 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'. 1 j m JQ Z to al U.1 z J h IZ 05 CC; N 9NINOZ 3 W 4 u. w'` I bbIY9W3 OSIW ~° N m� II a O w O= ) I O -r I Packet Page-1371- EXHIBIT 1511 3/10/2015 16.F.1 . , ASSIGNMENT OF IMPACT FEE CREDITS THIS ASSIGNMENT OF IMPACT FEE CREDITS is made by and between the First Congregational Church ("Assignor"), --coo 1 w,,.l P .4 Oemw "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-/////6.. ASSIGNOR: 4 Print Name/T tle: /ARM I 4t CA.s STATE OF F7072/'al" COUNTY OF Cc/// C h k rx,t 4 61 Tg-`^'''"°- The foregoing instrument was acknowledged before me this 1/ day of ,20 Irby /�b/an,d P fDtl/es'Sy as Cil/lOmq»7YUSke for F,..fs/ eofrigreepwrovpizfies4 who is personally known to me or has produced Fe. pc- as id ntification. �l�vwty oC . / MIr0Eots(=err �. /-#11t Notary PubBc,stew of Florida Signature of Notary Public `iw, Conmise on#FF 130241 �' •I eS & l esc- — My comm.expires Juror 5,2016 Print, type,or stamp name of Notary Public DATE: L/I t l'T ASSIGNEE: By PC(23%"\i- - STATE OF RoXti'ctiot' Print Name/Title:V ' C COUNTY OF Gat(-er The fore oing instrument was acknowledged before me this // day of F°� , 20/5—by 4!►An,p( j )11Cfprw2 as _j//p for oSc4-4-1 Laves//N t , who is personally known to me or has produced 1 as id ntifii ion. (Notary Seal) `y/� , linature of Notary Pubic MERCEDESQILBERT 1% C�2GULP t`l • '" �Com n$FF 1302E 41+e . ' .nt,type,or stamp name of Notary Public — My comm.expires June 5,2018 Packet Page-1372- 3/10/2015 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 legality: Jeffrey A. Klatzkow County Attorney Packet Page -1373- 3/10/2015 16.F.1 . EXHIBIT Building Permit#Pending Site Development Plan Number:PL20140000461 Impact Fee Credit Amount: $23,215.83 Impact Fee Credit Type(i.e.Road,Park, Schools): Road Packet Page-1374-