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HomeMy WebLinkAboutVII (B) Grace Community of Faith Baptist Church - Development Review Application Fees Waiver Request Agenda 6-03-2003 center of Good Li. Item VII B Mayor 'tie Commissioners B. Scott andergrift ,• © Danny Howell, District 1 OE C Scott Anderson, Distrct2 City Ilffnn ear Rusty Johnson, De trict 3 Jim Gleason Nancy J Parker, District 4 STAFF REPORT DATE: May 12, 2003 1 TO: The Honorable Mayor and City Commissioners r1,I�(J�Jr/1 FROM: Terry L. James, AICP, Principal Planner j THROUGH: Russell B. Wagner, AICP, Community Development Director SUBJECT: Non-Profit Organization Development Review Application Fees Waiver Request Grace Community of Faith, A Baptist Church of Christ ISSUE: Should the City Commission grant a waiver of the administrative application fees for Grace Church? BACKGROUND: The Grace Community of Faith Church is planning to submit an annexation application and an application for a special exception. The church plans to build its future facilities southwest of the intersection of Old Silver Star Road and Silver Star Road and east of Lake Johio. Grace Church previously submitted a request for waiver of all development review fees in a letter dated November 8, 2002. The City Commission granted this waiver request on November 19, 2002; however, the Grace Church did not submitted applications or plans under this waiver. The Church is now ready to submit the applications and has, again, requested waiver of application fees in another letter dated April 25, 2003. DISCUSSION: In accordance with the "Non-Profit Organization Development Review Application Fees Waiver Request" policy approved by the City Commission on February 18, 2003, Grace Church has requested a waiver of these administrative application fees (in this case, Annexation with Initial Zoning and Special Exception fees). Under this new application fee waiver procedure, only "administrative" application fees may be waived. The remaining fees such as those for Subdivision Plans, Site Plans, Platting, PUD Rezoning, Concurrency Management, and including the reimbursable $1,000 review deposit fee cannot be waived under the new policy. City of Ocoee • 150 N Lakeshore Dove • Ocoee, Florida 34761 phone: (407) 905-3100 • fax'. (407) 656-8504 •www.oLocoee fl.us Planning and Zoning Commission May 12,2003 Page 2 of 2 Grace Church is requesting the following administrative fees be waived: Administrative Application Fee Annexation with Initial Zoning $ 500 Special Exception $1,000 The church requested this waiver in a letter dated April 25, 2003 and has submitted evidence of their non-profit status under Chapter 212, Florida Statutes. (See attached.) The total fee waiver request is $ 1,500. RECOMMENDATION: Since the church has fulfilled all the requirements of the above policy, the Staff recommends granting the waiver of these administrative application fees. Attachments: Waiver Request Letter dated April 25, 2003& Non-Profit Status Certificate City of Ocoee Policy for Non-Profit Organizations Wishing to Request a Waiver of Development Review Application Fees O\Staff Reports\2003\SR03050 CC.doc Ages COMMUNITY OF FAITH A BAPTIST CHURCH OF CHRIST tarry W. Ware, Prior April 2S, 2003 �.. • A 25 2003 Mr. Russel! R. Wagner. nlCP - Community Development Director • City of Ocoee 150 North Lakeshore Drive Ocoee. FT, .34751 RE: Request for Waiver of Development Review Application Pees Mr. Wagner Greetings and blessings be upon von and yours Grace Community of Faith A Baptist Church of Christ. is planning to locate its facilities within the city limits of^ in the very near future. Asa result. wm are submitting a voluntary ennexation application, As We understand, some review application fees are required to be paid at the time of the submittal And, we had been informed that some of the fees would he waived during a recent Review Board Meeting. I am enclosing a copy of our Certificate of Exemption as evidence of our status as a`religions institution.' The waiver up nee!:in for the following: Annexation fee S 500 Joint Planning Area Amendment Fee - - - - 1050 Special Exception Fee 1 .000 In addition.if the Standard Rezoning and Small Scale Comprehensive Plan Amendment applies we also request a waiver of those fees as well. Thank von for your kind consideration and prompt attention to our request. iu 'he Work of the Kingdom, • Tarry W. .,arc Enclosure P. 0. Box 555029 Orlando, FL 32855 907-297-8666 wayne0055aoicorn �. . 14 DR-14 I Consumer's Certificate of Exemption R. 10/99 4 �/' Issued Pursuant to Chapter 212, Florida Statutes ;UM-WENT OF REVENUE - - • 58- I2-179564-55C 07/19/00 07/19/05 RELIGIOUS' INSTITUTION Certificate Number Effective Date Expiration Date - Exemption Category This certifies that GRACE COMMUNITY OF FAITH INC 445 W AMELIA ST ORLANDO FL 32801 • is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented,tangible personal property purchased or rented, or services purchased. -14 Important Information for Exempt Organizations R°0/99 ]FvREVmwE OF REVENUE 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.039, Florida Administrative Code (FAC), or request Form DR-97, Suggested Format for Blanket Certificate of Exemption. 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Your organization's purchases will only be exempt when a signed exemption certificate is presented to the seller and payment is made directly by your organization. 4. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 5. This exemption applies only to purchases your organization makes. The sale or tease to others by your organization of tangible personal property, sleeping acrnmmodntions or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, FAC). 6. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200/ of the tax, and may be subject to conviction of a third degree felony. Any violation will necessitate the revocation of this certificate. 7. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Central Registration, at 850-487-4130. The mailing address is 5050 West Tennessee Street, Tallahassee, FL 32399-0100. City of Ocoee Policy for Non-Profit Organizations Wishing to Request A Waiver of Development Review Application Fees The Ocoee City Commission has approved the following policy for non-profit organizations wishing to request a waiver of development review application fees. This policy will be provided to the applicant at the Pre-Application Meeting with the Community Development Department, or prior to that meeting. Applicants acting on behalf of non-profit organizations may request the City Commission to consider a waiver of only the following application fees: 1) Annexation, 2) Standard Rezoning, 3) Joint Planning Area Amendment, 4) Small-Scale Comprehensive Plan Amendment, and 5) Special Exception. These five (5) types of applications are administrative in nature and are considered to be part of the "general entitlement" phase of the development review process. When a project reaches the development plan stage, extensive technical review is necessary. The review of subdivision plans and site plans requires a significant amount of staff effort. Often the actual cost staff time spent exceeds the flat fee collected for this purpose. Those applications requiring technical review are considered to be a part of the 'permitting" phase of the process, and the City Commission believes that all applicants should pay fees incurred as part of this phase of the development review process. Application fees that will not be waived include those for Subdivision Plans, Site Plans, Platting, PUD Rezoning, and Concurrency Management, among other technical reviews. In addition, all reimbursable fees charged to the applicant for such expenses as advertising, court reporting, legal, consultant and engineering costs for traffic studies, etc. will not be waived. If an applicant would like to request a waiver of fee payment, it must be submitted to the Planning Division prior to the application being processed. Once the Planning Division receives the request in writing, it will be placed on the next City Commission meeting agenda, given that the request is made at least one week prior to that meeting. The application will not be processed until City Commission has taken action in response to the request, and all application forms and materials are submitted. Any requests for waiver of fees must be done in advance. Once the application is processed and the 30-day review period begins, there will be no retroactive reimbursement. Non-profit organizations will continue to benefit from not paying transportation impact fees, without needing to make a request. Also, it is necessary that the applicant provide a $1,000 review deposit per project, which is a security for payment of reimbursable fees. The remainder of the $1,000 deposit will be returned to the applicant upon project completion, after all reimbursable expenses have been paid. This policy was approved by City Commission on February 18, 2003. 0:\Development Review\Fees&Account Info\Non-Profit Fee Payment Policy.doc