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Agenda 03/08/2011 Item #10A . . . 3/8/2011 Item 10.A. EXECUTIVE SUMMARY Recommendation to approve, and authorize the Chairman to sign, a Charitable Organization Impact Fee Deferral, in the amount of $100,000, for New ,Hope Ministries, Incorporated in accordance with Section 74-203(i) of the Collier County Code of Laws and Ordinances which provides criteria for impact fee deferrals available to charitable organizations OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chainnan to sign, a Charitable Organization Impact Fee Deferral, in the amount of $100,000 for New Hope Ministries, Incorporated (New Hope) in accordance with Section 74-203(i) of the Collier County Code of Laws and Ordinances which provides criteria for impact fee deferrals available to charitable organizations. CONSIDERATIONS: Section 74-203 (i) of the Collier County Code of Laws and Ordinances ( Code) provides criteria for the deferral of impact fees for charitable organizations and charitable trusts. The program, originally adopted as a waiver program in 2001, provides a 10-year deferral of impact fees for specified, tax exempted, not-for-proflt, charitable entities that provide specified services of substantial benefit to low income residents of Collier County. Religiously- affiliated organizations are authorized to participate, provided that the services are provided in a non-discriminatory manner. Further, deferrals are available only to entities that solely provide services to citizens of the United States or legal aliens that pennanently reside in the United States. Under the adopted provisions, an applicant may be provided a deferral in an amount up to $100,000 and the cumulative total of deferral granted per fiscal year may not exceed $200,000. A lien is placed on the subject property, in the amount of the impact fees due, as security. In Fiscal Year 2011, New Hope is the first organization to apply for a deferral. There were no applications for deferral under this program in Fiscal Year 2010. Recipients of waivers or deferrals in past years include Collier Health Services, Fun Time Academy, Neighborhood Health Clinic and First Assembly of God. On December 14, 2010, representatives from New Hope petitioned the Board (Item 6B) regarding impact fees related to the new fellowship hall/gymnasium building being constructed on the New Hope property. The following is the history related to the subject project. Building pennit #2006064979 for a fellowship hall, gymnasium, and classrooms was submitted on June 29, 2006. During the Site Development Plan (SDP) process, County staff discussed the use of the building with the applicant/church representatives and it was detemlined that a portion of the new building would be used for overflow church seating until the sanctuary could be expanded. The estimated timing of starting the sanctuary expansion would be prior to the issuance of a Certificate of Occupancy (CO) for the fellowship hall/gym. After submission of the building pennit, staff again discussed the intended use of the building. The applicant confirmed that a portion of the building would be used for overflow church seating Packet Page -184- . . . 3/8/2011 Item 10.A. only until the sanctuary was expanded. Further, the remaining portions of the building would be used only for church related activities. Based on the information above, the new fellowship hall/gym building was classified as "accessory'" therefore only requiring the assessment of Fire and Utility Impact Fees, as the building would not create demand in excess of that already generated by the church building. The applicant/church representatives were advised that if the expansion to the sanctuary was not in process by the time the fellowship hall/gym building reached CO, additional impact fees would apply, as the building would not be considered accessory if it was utilized for church seating or utilized for non-church functions (i.e. rented out for meetings, parties, etc.).. A CO hold was placed on the building permit in order for staff to confinn the above. The Building Permit was issued February 18,2009. In November of 2010, church representatives contacted staff regarding the CO hold, as construction on the building was nearing completion. Staff was advised that due to economic circumstances, the church would not be moving forward with the sanctuary expansion and would be using the fellowship hall/gym for overflow seating. Further, the remaining portions of the building would now be available for public uses, rather than limited to church activities only, as originally indicated. Based on these changes to the intended use of the building, additional impact fees, in the total anlount of $245,204.04 were calculated for the structure. As pmt of the Public Petition, the church representatives were seeking a payment plan for the impact fees due. However, the Code does not have provisions related to impact fee payment plans, except for those utilized for mandated utility connections. Further, the Board has not approved any payment plans in the past, outside of those arising from legal settlement agreements. The direction provided by the Board related to the Public Petition was as follows: 1) that the item be brought back as a regular agenda item, in which staff would provide options to address the impact fee issue, including the public benefit to any assistance being provided and 2) issue a Temporary Certificate of Occupancy (TCO) to allow the building to open and afford staff time to work with the petitioner to develop an appropriate solution to the matter. Staff has been working with the applicant to identify potential solutions to the issue or identify existing impact fee programs that the church may qualify for to provide an offset to the fees due. Additionally, staff has been discussing the potential uses of the new building, which consists of two stories, to clearly identify the square footage subject to impact fee assessment. The following are potential solutions: 1) Assess impact fees based on the square footage of the fIrst floor, which will be utilized for seating for church services, public meetings, events, etc. The second floor square footage, consisting of offices and classrooms, will not be considered in the calculation of the impact fees as it will be utilized for church-related activities, and therefore will not create additional demand. The total due under this scenario is $159,245.44. Further, allow New Hope to participate in the existing Charitable Organization Impact Fee Deferral Program, under which up to $100,000 of the applicable impact fees may be Packet Page -185- . . . 3/8/2011 Item 10.A. deferred for a period of ten years. In earlier discussions with church representatives, sufficient documentation had not been provided to establish the church's eligibility for the program. However, the church has since provided additional information to support their application to the program and consideration by the Board. New Hope would pay the balance of the impact fees due, totaling $59,245.44. 2) Modify the existing Charitable Organization Impact Fee Deferral Program by raising the cap on the amount an organization may receive and allowing for payment over time. This option would require an amendment to the Code in order to address the changes. Further, payment plans would need to be limited in length of time, would require an annual payment agreement, would include an interest component and valid lien on the property, which would be subject to foreclosure if default occurred. Other options utilized by Florida jurisdictions include payment plans for impact fee assessments that exceed a specified threshold and exemption of not-for-profIts from the payment of impact fees. Because it has been established that New Hope qualifies to apply for the Charitable Organization Impact Fee Deferral Program, staff recommends that Option 1 be utilized. This approach maintains consistency 'with the adopted policy and program and does not require changes to the existing program or development of a new program. The infonnation below provides an overview of the services provided by New Hope, which is the basis for application to the Program. New Hope is a 501(c)(3) Organization, and has provided documentation of that status. Additionally, representatives from New Hope were advised of the conditions related to residency of those being provided services and have no issue complying with the requirements of the program. · Provides in excess of $25,000 annually to benevolence for rent, food, utilities, etc. for the needy. · Works with the Harry Chapin Food Bank to distribute food to approximately 75 families a month. The new building will provide expanded dry storage and refrigeration space. · Works with Angel Tree Prison ministries to provide toys for families of the incarcerated. · Distributes bicycles to the needy at Christmas (in excess of 120). · Holds food drives for Harry Chapin and Helps Outreach. · Supports "Undies Sunday" in Collier County to collect underwear for needy children. · Financially supports St. Matthew's House, Helps Outreach, Fellowship for Christian Athletes of Collier County, The Sunlight Home (for unwed mothers) and the Shelter for Abused Women. Packet Page -186- . . . '~';' . ~::,~i:~~:;:',J 3/8/2011 Item 10.A. · Community support during times of crisis, such as hurricanes, to distribute food and water and clear debris and do repairs. Additionally: · The kitchen in the new building will be utilized to feed the needy during the holidays. · A substantial investment was made to harden the new building and it will serve a.s a hurricane shelter for the community. New Hope has submitted a complete request for the Charitable Organization Impact Fee Defe!'J.lJl and has provided details of the services that are provided that are "of substantial benefit to low income residents of Collier County." FISCAL IMP ACT: If the Board of County Commissioners elects to defer the specifIed impact fees (below) the fiscal impact to the County would be the loss of this prospective income to the impact fee trust funds for the 1 a-year period of the deferral. A lien will be pla.ced on the subject property, in the amount of the impact fees due, as security. At the direction of the Board, the program does not have an interest component. The current year's remaining balance available for charitable organization impact fee deferrals is $200,000. The maximUll1 amount the applicant may receive is $100,000. The impact fees proposed to be deferred, associated with this project, are detailed in the following table. Impact fees for Water, Sewer and Fire are not eligible for deferral; however, those fees were paid at issuance of the Building Pennit. Impact Fees Assessed Road District 2) Correctional Facilities EMS Government Buildings Law Enforcement Total Recommended Deferral Amount $ 92,319.89 $ 1,478.55 $ 796.71 $ 4,658.39 $ 746.46 $100,000.00 The subject property will be monitored by the staff of the Impact Fee Administration section of the GroVlrt:h Management Division. In the event that the property/husiness is sold, no longer operates as a facility that qualifIes for the charitable organization program and/or if the business ceases to legally operate, the impact fees will become hmnediately due and payable as detailed in the defelTal agreement. This monitoring takes place as long as the use of the property remains eligible for the charitable organization program and will be discontinued when the impact fees are repaid, in full, to the County. GROWTH MANAGEMENT IMPACT: This request is consistent with Policy 1.1 of the EconOlnic Element of Collier County's Growth Management Plan which states: "Collier County will encourage the development of diverse cultural facilities through public, private, or Packet Page -187- . . . 3/8/2011 Item 10.A. public/private partnerships that meet the needs of the residents and visitors of the County." And Objective 4 (Nonprofit and Civic Organizations and Local Groups/Programs) of the Economic Element of the GMP which states: "Collier County will support the economic development goals, efforts and community involvement of nonprofIt organizations, civic associations and local groups and programs." LEGAL CONSIDERATIONS: This item was reviewed by the County Attorney and is legally sufficient for Board action. A simple majority vote is required for approval. - JAK RECOMMENDATION: That the Board of County Commissioners approves, and authorizes the Chairman to sign, a Charitable Organization Impact Fee Deferral, in the amount of $1 00,000 for New Hope Ministries, Incorporated in accordance with Section 74-203(i) of the Collim- County Code of Laws and Ordinances which provides criteria for impact fee deferrals available to charitable organizations. . Prepared by: Amy Patterson, Impact Fee and Economic Development Manager Growth Management Division - Planning and Regulation Attachments: 1) Proposed Deferral Agreement; 2) Executive Summary (Item 8A - May 13,2008) 3) Minutes - Item 6B - December 14, 2010 Packet Page -188- ~ 3/8/2011 Item 10.A. . COLLIER COUNTY Board of County Commissioners Item Number: 10.A. Item Summary: Recommendation to approve, and authorize the Chairman to sign, a Charitable Organization Impact Fee Deferral, in the amount of $100,000, for New Hope Ministries, Incorporated in accordance with Section 74-203(i) ofthe Collier County Code of Laws and Ordinances which provides criteria for impact fee deferrals available to charitable organizations Meeting Date: 2/22/2011 Prepared By Name: PattersonAmy Title: Manager - Impact Fees & EDC,Business Management & 1/21/2011 2:53:19 PM . Approved By Name: PuigJudy Title: Operations Analyst, CDES Date:2/1/20]12:51:10PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 2/2/2011 7:45:48 AM Name: FederNorm Title: Administrator - Growth Management Div, Transportati Date: 2/2/2011 7:53:08 AM Name: KlatzkowJeff Title: County Attorney, Date: 2/1012011 10:14:35 AM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Manage Date: 2/14/20] 1 2:38:35 PM . Name: OchsLeo Packet Page -189- . . . ~ 3/8/2011 Item 10.A. Title: County Manager Date: 2/14/2011 3:46:38 PM ;{~"; Packet Page -190- . . 3/8/2011 Item 10.A. Prepared by: Jeffrey A. Klatzkow Collier County Att'y. 3301 Tamiami Trail East Naples, FL34112 This space for recording AGREEMENT FOR DEFERRAL OF COLLIER COUNTY IMPACT FEES CHARITABLE ORGANIZATION IMP ACT FEE DEFERRAL PROGRAM This Agreement for the Deferral of Impact Fees is entered into this _" day of , 2011, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "County," and New Hope Ministries, Incorporated, hereinafter referred to as "Charitable Entity," collectively referred to as the "Parties." RECITALS: WHEREAS, Sec. 74-203(i) of the Collier County Consolidated Impact Fee Ordinance, as amended, provides for deferrals of impact fees for qualified charitable organizations and charitable trusts (hereinafter referred to as the "Charitable Organization Impact Fee Deferral Program"); and WHEREAS, Charitable Entity has applied for a deferral of $100,000 in impact fees as authorized by the Charitable Organization Impact Fee Deferral Program. A copy of this request is on file in the Impact Fee Administrator's office; and WHEREAS, the County Manager, or his designee, has reviewed the Charitable Entity's request and has found that it complies with the requirements for deferral of impact fees as outlined in the Charitable Organization Impact Fee Deferral Program; and WHEREAS, by signing this Agreement, the County hereby approves a deferral of impact fees subject to the conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, . the Parties covenant and agree as follows: Page 1 Packet Page -191- 3/8/2011 Item 10.A. 1. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. The address and legal descriptio"n of the property which is the subject of this impact fee deferral (hereinafter referred to as the "Subject Property") is attached as Exhibit "A." . 3. The County hereby defers the sum of $100,000 in impact fees, which Charitable Entity acknowledges would be otherwise due and owing. These deferred impact fees are itemized in Exhibit "B." 4. These impact fees will be deferred for a period of ten years from the date of this agreement, so long as the Charitable Entity utilizes the Subject Premises in the manner set forth in the request. Should this stated use end for any reason whatsoever, or should the Charitable Entity lose its status which qualifIed it for eligibility under the Charitable Organization Impact Fee Deferral Program, then this deferral period will end, and the deferred impact fees will be due and owing. Charitable Entity shall provide County within 30 days of written request with proof of its continued eligible status on request, failing which County may terminate this deferral. 5. This Agreement is personal to the Charitable Entity, and as such, this Agreement may . not be asSigned or otherwise transferred to anyone without County's prior written consent, which consent may be freely withheld. 6. This Agreement and the deferral of impact fees will constitute a lien on the Subject Property, which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement 7. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: . Page 2 Packet Page -192- 3/8/2011 Item 10.A. . To County: Collier County Growth Management Division 2800 North Horseshoe Drive. Naples, Florida 34104 Attn: Amy Patterson To Charitable Entity: New Hope Ministries, Incorporated 7675 Davis Blvd. . Naples, Florida 34104 Attn: Church Administrator Notice shall be deemed to have been given on the next successive business day to the date of the courier \yaybill if sent by nationally recognized overnight delivery service. 8. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. The County shall provide a copy of the recorded document to Charitable Entity upon request. 9. In the event of a dispute under this Agreement, the parties shall fIrst use the County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for relief in the Circuit Court of Collier County to . enforce the terms of this Agreement, which shall be the sole venue for any such disputes. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW . Page 3 Packet Page -193- 3/8/2011 Item 10.A. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed . by their appropriate officials, as of the date first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRED W. COYLE, CHAIRMAN AS TO CHARITABLE ENTITY: WITNESSES: NEW HOPE MINISTRIES, INC. Print Name: By: Print Name: Print Title: Print Name: . STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this . day of , 2011, by . as of New Hope Ministries, Incorporated, who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of , 2011. Notary Public NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name Commission No. Expiration Date . Page 4 Packet Page -194- . . . 3/8/2011 Item 10.A. EXHIBIT "A" LEGAL DESCRIPTION OF CHARITABLE ENTITY ADDRESS The East one-half (1/2) of the West one-half (1/2) of the Southeast one quarter (114) of the Southwest one-quarter (114) of Section 4, Township 50 South, Range 25 East, less the South 75 feet for purposes of road right-of-way. Page 5 Packet Page -195- 3/8/2011 Item 10.A. . EXHIBIT "B" DEFERRED IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. Correctional Facilities $ 1,478.55 B. EMS Impact Fee $ 796.71 C. General Government Building Impact Fee $ 4,658.39 D. Law Enforcement Impact Fee $ 746.46 E. Road Impact Fee $ 92,319.89 TOTAL DEFERRED IMPACT FEES $100,000.00 . . Page 6 Packet Page -196- 3/8/2011 Item 10.A. . EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners ~onsider adopting an Ordinance amending the Collier County Consolidated Impact Fee Ordinance, which is Chapter 74 of the Collier County Code of Laws and Ordinances, by incorporating the directed changes to the Charitable Organization Impact Fee Deferral Program OBJECTIVE: That the Board of County Commissioners (Board) consider adopting an Ordinance amending the Collier County Consolidated Impact Fee Ordinance, which is Chapter 74 of the Collier County Code of Laws and Ordinances, by incorporating the directed changes to the Charitable Organization Impact Fee Deferral Program. CONSIDERATIONS: On October 9,2001, the Board adopted Ordinance No. 2001-54, amending Chapter 74 of the Collier County Code of Laws and Ordinances (Code), to establish a program authorizing waivers from payments of impact fees for specified tax exempted, not-for-profit, charitable entities that provide specified services of substantial benefit to low income residents of Collier County (Charitable Organization Waiver Program). . On June 28, 2005, the Board adopted Ordinance No. 2005-31, amending Section 74- 203(i) of the Code, to provide an increase in the maximum waiver for which an applicant is eligible as well as the annual budget for the program. These provisions allowed for an impact fee waiver for qualifying applicants of an amount not-to-exceed $100,000 per applicant. The cumulative total of waivers that may be granted per fiscal year is limited to $200,000. On April 10, 2007, the Board considered a request by Collier Health Services, Incorporated to participate in the Charitable Organization Waiver Program (Item lOA). During the discussion related to the item, the Board directed the County Manager (or his designee) in coordination with the County Attorney's Office to revise Section 74-203(i) of the Code, changing the waiver program to a deferral program for specifIed charitable organizations. The directed changes would allow the applicable impact fees to be deferred so long as the Charitable Entity utilizes the subject premises in the manner set forth in the application. Should the stated use end or should the Charitable Entity lose its status which qualified it for eligibility under the Charitable Organization Impact Fee Deferral Program, then the deferral period would end, and the full impact fees would be due and owing. In accordance with the direction above, the Board adopted Ordinance No. 2007-57 on June 26,2007, which incorporated the specified changes to the program. The Ordinance has a delayed effective date of January 1, 2008, however, each Charitable Organization that applies for the program is advised that theirappli cable impact fees will be deferred, if approved by the Board, rather than waived. The agreement prepared by the County . Packet Page -197- 3/8/2011 Item 10.A. Attorney's Office also reflects a deferral of impact fees as well as the terms required to maintain the deferral. . On September 25,2007 during the consideration of item lOG, which was a request for a Charitable Organization Impact Fee Deferral by Fun Time Early Childhood Academy, Incorporated, the Board discussed developing a strategy for repayment of the deferrals. The Board specified that options developed for the repayment should not adversely effect the organization and directed the County Manager to have staff prepare alternatives for the Board's future consideration. This direction was further reiterated on October 9, 2007 during the discussions on item 6C related to the St. Matthew's House Wolfe Apartments. During the regular Board of County Commissioners meeting o~ November 11,2007, the Board directed that the proposed changes to the Charitable Organization Impact Fee Deferral Program be reviewed by the Productivity Committee and their recommendations be provided to the Board. The Productivity Committee assigned a sub-committee to review this matter which met on December 6,2007. This issue Was also discussed by the full Productivity Committee at their regular meeting on December 12,2007. On February 26, 2008, the Board directed the County Manager (or his designee) and the County Attorney to amend the provisions of the Charitable Organization Impact Fee Deferral Program to incorporate the following changes: . 1. Eligibilitv: The deferral program will continue with the original intent to provide services of substantial benefit to very low and low income residents of Collier County at no charge or at reasonable, reduced rates. However, religiously-affiliated organizations will be allowed to participate provided that the services are provided in a non-discriminatory manner. 2. Impact Fee Tvpes Eligible for Deferral: Impact fee deferrals will not be granted for Water or Sewer Impact Fees. 3. Repavment: A straight deferral will be provided to the qualifying entity for a specified period of time with the total impact fees due at the conclusion of the term, without interest. A lien will be placed on the subject property, in the amount of the impact fees due, as security. 4. Residencv: Deferrals are available only to entities that solely provide services to citizens of the United States or legal aliens that permanently reside in the United States. The directed changes have been incorporated into the attached Ordinance amendment being presented for the Board's consideration. With respect to the provisions for repayment (#3 above), staff and the County Attorney's Office are recommending a term of 10 years for the deferral, which is consistent with the term for the Community Workforce Housing Innovation Program (CWHIP) and Affordable Rental Deferral Program. . Packet Page -198- 3/8/2011 Item 10.A. ,.....- . This item, which was to be heard April 22nd, was continued by the Board in part due to a concern of how to address the issue where entities which have been granted impact fee deferrals were required by new State or Federal mandates to provide services to persons who may not be' legal residents. After reviewing the issue, the County Attorney suggested that in such an unlikely event, that the entity not be deemed to be in violation of the Ordinance or any lien agreement, and language to that effect has been added to the proposed ordinance. FISCAL IMPACT: The fiscal impact of this program is the loss of this prospective income to the impact fee trust funds for the term of the deferral agreement. The Program is limited to a total of $200,000 in deferrals per fiscal year. GROWTH MANAGEMENT IMPACT: The proposed changes to the Charitable Organization Impact Fee Deferral Program are consistent with Objective 4 (Nonprofit and Civic Organizations and Local Groups/Programs) of the Economic Element of Collier County's Growth Management Plan which states: "Collier County will support the economic development goals, efforts and community involvement of nonprofit organizations, civic associations and local groups and programs." LEGAL CONSIDERATIONS: The proposed changes to the Charitable Organization Impact Fee Deferral Program are legally sufficient for Board consideration and approval. . RECOMMENDATION: That the Board of County Commissioners consider adopting an Ordinance amending the Collier County Consolidated Impact Fee Ordinance, which is Chapter 74 of the Collier County Code of Laws and Ordinances, by incorporating the directed changes to the Charitable Organization Impact Fee Deferral Program. Prepared by: Amy Patterson, Impact Fee and Economic Development Manager _ Business Management and Budget Office, CDES . Packet Page -199- 3/8/~0~1Item 10.A. .,....-- . COLLIER COUNTY BOARD OF COUNTT' COMMISSIONERS . Item Number: Item Summary: 8A This item to be heard at 1:00 p.m. This item continued from the April 22, 2008 BCC Meeting. Recommendation that the Board of County Commissioners consider adopting an Ordinance amending the Collier County Consolidated Impact Fee Ordinance, which is Chapter 74 of the Collier County Code of Laws and Ordinances, by incorporating the directed changes to the Charitable Organization Impact Fee Deferral Program. 5/13/2008 9:00:00 AM Meeting Date: Prepared By Amy Patterson Impact Fa~ Manager Date Community Development & Envlronment"l Services Financial Admin. & Housing 3/28/2008 11 ;08:02 AM Approved By ,lames W. DeLony Public Utilities Administrator Date ;;ub!~c Uti!ibes Public Utilities. P.dministration , 4/21200610:21 AM Approved By Joseph K. Schm,tt Community Development & Environmental Services Adminstrator Date Cummllnity Dev",!cpment & Environmental Ser'ices Community Development & Environmental Services Admin. 4i9/2008 8:43 PM . Approved By G~rr~tt fi,.1ufl(!a Financial Operations Manager D.~. ~li.t;t Community De','ch:'pm~mt & EnvlrOnlmmta~ Services Financiai Admin. & Housing 4J10!200!! 8:02 AM Approved By .Iud)' Puig Operations Analyst Date Cc.mmunity :.)evelopment & Community Development Ii Errl/tr0nmentz:.; Sc,r ,";::-ns Environn~entaj Services Admin~ 5f1!2C08 8:27 ~_M Approved By .!"f[ t<tatzllow As:;istant County Artomey f)at~ CO'J<"ty j-.ttorney County Attorney Office 5i1!2/j081:4C PM Approved By Of,iS Coordinator or,!!B Coordinator Date Goun~y IViiH"!age-j.:;; Office Ofti::e of Managem::mt & Bm;get 5/1:2003 3:~O F'i'.n Approved By Susan li~-her Senior Management/Budget Analyst Datg Cuun{y Maniiger~~~. c)ff~ce Office of Management & Budget 5/212008 2:D5 PM . file://C:\AgendaTest\Export\l 07 -May%20 13,%202008\08. %20ADVERTISED%20PUBLIC... Packet Page -200- 5/7/2008 . . . 3/8/2011 Item 10.A. . -.... Approved By James V. Mudd County Manager Date Board of County Commissioners County Ma!1ager'~ Office 5/5;200812:10 PM file:/ /C:\Agenda Test\Export\l 07 -May%20 13, %202008\08. %20ADVER TISED%20PUBLIC... 5/7/2008 Packet Page -201- 3/8/2011Itern 10.A. December 14, 2010 . Item #6B PUBLIC PETITION REQUEST BY RANDY JOHN OF PHOENIX ASSOCIATES OF SOUTH FLORIDA, INC., REQUESTING A 48-MONTH PAYMENT PLAN FOR IMP ACT FEES FOR NEW HOPE MINISTRIES - STAFF TO BRING BACK AT A FUTURE BCC MEETING WITH ALTERNATIVES AND ISSUING A TEMPORARY CO- APPROVED MR. OCHS: Yes, sir. 6B's a public petition request by Randy Johns of Phoenix Associates of South Flo1i.da, Inc., . requesting a 48-month payment plan for impact fees for New Hope Ministries. Mr. Johns? MR. JOHNS: Thank you. I'm here to represent the New Hope Minist1i.es today. Back in 2006 I applied for a permit to build a multi-purpose building at New Hope. At the time that we applied, we said that it was going to be an accessory building to our main church. During the process of us building this lTIulti-purpose building, we were to enlarge our sanctualY. But due to the econonuc turndown, we have not been able to frnance that construction, so we have not started it. . Packet Page -202- 3/8/2011 Item 10.A. Today we are ready to pick up our CO for our multi -prnpose building, and the impact fees that now are going to be required to be paid because we didn't enlarge our sanctuary -- or we have to sign an affidavit we're not going to rent to the public or bring anyone into the building unless they're members. So I'm coming today to ask you guys to give us a payment plan. I would like to revise that to a ten-year payment plan because it's $245,000, and right now the church doesn't have it. Our loan has matured, and we can't go back and revise it. And we just need some help, because I've got them in a situation now where they've got a big building to fmished. They can't open that building unless I pay the unpact fees, and we don't have the money right now. So I'm just coming to you guys to tlY to help lne get out of tIns situation. . CHAIRMAN COYLE: Yeah. I'd like -- you want to ask a question before the staff makes a presentation? . COMMISSIONER COLETTA: Well, go ahead. I was going to ask questions of staff that would lend towards a presentation. CHAIRMAN COYLE: All right. Your chance is hittu1g now. COMMISSIONER COLETTA: Thank you. Appreciate it. Nick, when we're talking about in1pact fees, of course one of the conce111S that the county would always have is the fact that, how do you grant an exception? What would be the reason for a special exception without opening up the doors for the rest of the . Packet Page -203- 3/8/2011 Item 10.A. community in such a way that would raise all sorts of problems in . bringing in a revenue stream that would be predictable? I would assume that there's several different ways to do it, and I would like to hear from you, and if it sounds like there's something that we can work with, I'd like to make a motion at that time to bring this back for the regular agenda at a future meeting. MR. CASALANGUIDA: Sure. I think fIrst he's got to -- the Certificate of Occupancy's waiting to be picked up. We could issue a TCO if it was the board's direction, a temporary certificate. CHAIRMAN COYLE: Can you speak up a little bit more -- MR. CASALANGUIDA: Sure. CHAIRMAN COYLE: -- Nick. We're not picking you up. Is the mike on? . MR. CASALANGUIDA: Yeah. I don't think the mike's picking up, Commissioner. There it goes. CHAIRMAN COYLE: No, that was mine. MR.OCHS: Try the hand-held. Speak right into it. MR. CASALANGUIDA: I think that's working. The fIrst issue is the temporary CO. We could issue that with the board's direction. With regard to the impact fees, we always risk, when you have under public petition, people requesting paynlent plans that don't fall into the typical ordinance deferrals or things like that. . Packet Page -204- . . '. 3/8/2011 Item 10.A. Amy has said -- and I'll let her elaborate a little bit more in a minute -- that we can look into the requirement for charitable organizations. They may qualify based on some new information we received. The issue is, if you're going to want us to look at this as an option, I'd like to bring it back and tell you what the impact would be for all charitable organizations rather than, you know, looking. at this just right now as a public petition. So if we issue the TCO, that would give you 90 days to look at that. We may frnd that they qualify under the existing ordinance, and that would solve everything. If they do not and you wanted us to bring back some ideas of how to work with charitable organizations on a payment plan, two things I want. You know, are you asking me to do it for all impact fee categories or just, you know, roads? But I think he's got more than roads in terms of tIns building. But that's where we are today right now, and I could do that within 90 days if so directed. COMMISSIONER COLETTA: Yeah. If I may, I got-- CHAIRMAN COYLE: COlnmissioner Coletta, go ahead. COMMISSIONER COLETTA: Yeah, if I may fmish up. , Nick, there's some -- we'd have to recognize some SOli ofa special circulnstance to be able to bring us to that point. And I believe that special circumstance is, what would be the public benefit? And the public benefit would be is that, for reasons that I'ln not sure why, they spent a considerable sum of money to Packet Page -205- 3/8/2011 Item 10.A. harden this building and to make it a hurricane shelter that will be . used by the community. So when this is brought back, if my fellow commissioners agree to do so, could you work that into the equation to see if that would suffice for a public benefit? :MR. CASALANGUIDA: I could. I think we talked about looking at nonprofits. Again, whenever we start doing deferral programs -- COMMISSIONER COLETTA: I understand. :MR. CASALANGUIDA: -- or payment plans, we risk that. But I think we'll bring you back a full report, and I will look at that as an option. COMMISSIONER COLETTA: And I, as one commissioner, would like to see it come back with the idea that we have the -- we have an obligation to continuously review what we're looking at, not that we're going to change it, but to be able to see what the other options are that are out there, and I would make a motion to bring it back. . COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion by Commissioner Coletta, and a second by Comnussioner Fiala, to bring this back for a regularly scheduled meeting. Conllnissioner Hennin g? COMMISSIONER HENNING: Nick, why wasn't the impact fees collected at permit? . Packet Page -206- . . . 3/8/2011 Item 10.A. NlR. CASALANGUIDA: I believe we had put a permit hold on it because they were coming in with the second building, and that's the way it was set up in terms of the -- we would not issue the CO unless the impact fees were paid. And I think Amy might have a little more background on that. COMMISSIONER HENNING: Yeah. You're not supposed to issue permits until the impact fee~ are paid. MS. PATTERSON: That's COITect. Amy Patterson, for the record. The circumstance with this -- and we've been working with the applicant since the site plan process. This was classified as an acceSSOlY building. It was going to have only overflow seating in the interim period until they pelmitted the sanctuary expansion, and it was not going to be used for outside people, only for church activities. So we have had this situation before. When classified as an accessory building, they do not -- they're not subj ect to impact fees because they don't create additional demand. The CO hold was placed on the permit to ensure that they had applied for the sanctuary expansion prior to the CO of tIns building. .And they came to us and explained their situation that they're not moving fOlward with the sanctuary expansion and they've had some opportunities to use a pOltion of this building for sonle public activities. And so intention has changed fi.Ol11 that at site plan and building pemnt. COMMISSIONER HENNING: Right. Okay. Now I understand. Well, it is an acceSSOlY use to the church, and I don't know of a church that doesn't invite the community in. Packet Page -207- 3/8/2011 Item 10.A. So to me it sounds like it's a misunderstanding, you know, . the application of this building. The impact fees are supposed to be collected at permit. Because of the misunderstanding, now it is found money by the county. We wasn't anticipating these funds, so it's an added value because of the misunderstanding. So I don't know why we're going to take a look at making a policy for all not-for-profits when the real issue is~ it was a misunderstanding, the county's now going to collect extra impact fees. I would rather see this as a special exception because of errors on both parts. Mr. Klatzkow? COMMISSIONER FIALA: We should just bring this back. CHAIRMAN COYLE: We can deal with those details when we bring it back. . COMMISSIONER HENNING: Well, you know, we're talking about deferrals of impact fees for not- for-profits, and I have a little bit of a concern about that because in our CD -- CBG (sic) funds or our housing funds, we defer payments, and over and over again we're having to amend that because of, gee, I didn't know or, hey, because of the econolny I don't have the funds. I tillnk that we need to deal with this issue and this issue only. Mr. Klatzkow? MR. KLATZKOW: Well, I'm always concerned when we defer impact fees, especially for nonprofits, because then we come to you saying, we need to foreclose on a church, we need to . Packet Page -208- . 3/8/2011 Item 10.A. foreclose on a housing project, and it's very -- it makes it very difficult for the board. COMMISSIONER HENNING: Right. MR. KLATZKOW: The item needs to come back because there's a lot of facts here. You may be right, sir; they may not have to pay impact fees under the ordinance. We'll have to sit down with the applicant and go through it and make sure. And staff will make the determination, we'll review it, and we'll com.e back. COMMISSIONER HENNING: Okay. Well, I understand Mr. Johns wants to -- again, that church always welcomes the, community. MR. JOHNS: Absolutely. . COMMISSIONER HENNING: That's what it's all about, a church, is to bring people in to God. So obviously it was a misunderstanding on both sides. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Before I speak, it looks like Mr. Casalanguida has a cormnent. MR. CASALANGUIDA: Well, I think we look at each use whenever there's an impact fee. If it is an intensification of demand on infrastructure, that's the way we look at it. And we've always been pretty -- I don't want to say the word lenient, but if it's an ancillalY use, then it's not an intensification. If it's a primary use, then they would pay impact fees. . Packet Page -209- 3/8/2011 Item 10.A. So we can look at that with what their intended use is, and if . it is, that's the case, then we would -- they wouldn't pay the impact fee. But if it becomes a primary use under the ordinance, then they would pay that fee. Now, what I mentioned to Amy in a sidebar is that if they paid the fee and then they went to a primary structure and this became an ancillary use, that credit could be applied to the primary structure. So either way they would get the benefit. We would just want to look at it consistent with the ordinance. . COMMISSIONER HENNING: That's fme. MR. CASALANGUIDA: Okay. COMMISSIONER HILLER: I would like to add a comment, and that is, I agree with Mr. Klatzkow; there is a fundamental risk to deferring impact fees, not only legally, but fi~om the perspective of the county's fmances. In effect, the county is being asked to carry the capital cost of those impact fee deferrals, and that has to be factored in our budgeting, and I don't think that is. MR. CASALANGUIDA: We do collect it. We do consider interest with -- COMMISSIONER HILLER: Do you? MR. CASALANGUIDA: Yes, we do. We would as part of this. COMMISSIONER HILLER: Thank you. Packet Page -210- . . . . . 3/8/2011 Item 10.A. MR. CASALANGUIDA: You're welcome. CHAIRMAN COYLE: Okay. We have a motion, I think, although it hasn't been clearly stated. We have a motion to bring this back for a full public hearing where the staff will present appropriate alternatives. MR. CASALANGUIDA: Understood. I just want to -- is it ten years you were asking for? MR. JOHNS: Yeah, ten years. Now, my other option to this is, I go ahead and sign this affidavit that's saying that, you know, we're not going to go out to the public and, you know, who's going to monitor that now and tell us that every person that comes there has to be a member? I mean, I can sign. I didn't want to go that route, but if that's the only choice I have to get a CO, then 1'11 sign the affidavit. But then whose job is it to monitor our melubers? MR. CASALANGUIDA: Well, I think we'd look at that. I mean, that's one of the things -- discussions we'll have. If the intent is to sign an affidavit, and then the intent for a church is not to provide an intensification, we usually -- you know, we take that MR. JOHNS: Well, it's not our intent, but right now we don't have the $245,000. I don't have the option, and I'm going to be forced into signing this affidavit, because a TCO is fme, but also in your motion you didn't mention anything about our TCO, so I'd like to revise that. But that TCO's not going to help me with the bank and pay off our subs, and that's where I have another issue right now is tlying to figure out how to get past that. Packet Page -211- 3/8/2011 Item 10.A. MR. CASALANGUIDA: Commissioners, I think within 90 . days we can figure this out, so -- CHAIRMAN COYLE: Yeah, of course you can. I mean, we can't deal with all those problems today. The way this works is that we generally don't make decisions on public petitions. We merely hear them to see if we should bring them back for a full hearing, because there are other people in the community who might want to have something to say about the decision we might make. So nying to make a decision on the fly today is not in the public's best interest. So we've got a motion, and -- to bring it back, and I tlllnk that nlotion will pass. But the one thing you have to remember, as we discussed yesterday, is you mentioned the possibility of using the building for the purpose of generating rental income for people who wanted to use it for special purposes. . MR. JOHNS: Yes, sir. CHAIRMAN COYLE: That's something that tends to take it out of the realm where you're merely inviting the public to attend your religious services. So there's a distinction there that needs to be considered, and we need to develop an appropriate policy to deal with. And I think the staff and the comnussioners are fully supportive of trying to fmd a solution for you. MR. JOHNS: Yes, sir. CHAIRMAN COYLE: So we have a motion to bring this back for an advertised public hearing and staff to present alternatives. . Packet Page -212- . . . 3/8/2011 Item 10.A. MR. CASALANGUIDA: And issue a Temporary Certificate of Occupancy. CHAIRMAN COYLE: Yes, yes. MR. CASALANGUIDA: Very good. COl\1Jv1ISSIONER COLETTA: Very good. CHAIRMAN COYLE: Okay. Is that suitable? COl\1Jv1ISSIONER COLETTA: Yes. CHAIRMAN COYLE: Okay. Do you want to call this a Inotion fi.om Commissioner Henning since he fIrst brought the issue up, and seconded by Commissioner Coletta, or is it vice versa? COl\1Jv1ISSIONER COLETTA: Well, no. 1-- COl\1Jv1ISSIONER FIALA: He made the motion. COl\1Jv1ISSIONER COLETTA: He made the motion and Comnussioner Fiala seconded. CHAIRMAN COYLE: All right. Commissioner Coletta -- COl\1Jv1ISSIONER FIALA: Thank you for trying. CHAIRMAN COYLE: Well, I was just trying to clarify it. COl\1Jv1ISSIONER COLETTA: Oh, no. I'nl sony. I'm thinking of the last nlotion. I nlade the motion and Commissioner Fiala seconded it. CHAIRMAN COYLE: Okay. Commissioner Coletta made the motion, Conmrissioner Fiala seconded it. All in favor -- is there any other discussion? Packet Page -213- 3/8/2011 Item 10.A. (No response.) CHAIRMAN COYLE: All in favor, please signify by . saymg aye. C01v1MISSIONER FIALA: Aye. C01v1MISSIONER HILLER: Aye. CHAIRMAN COYLE: Aye. C01v1MISSIONER COLETTA: Aye. C01v1MISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Thank you. MR. JOHNS: Thank you. CHAIRMAN COYLE: Good luck. . . We're going to take a ten-minute break. We'll be back here at 10:42. . Packet Page -214-