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Agenda 06/23/2009 Item #16C 3 Agenda Item No. 16C3 June 23. 2009 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to (1) grant the Solid Waste Management Department the authority to pursue an amendment to Ordinance 05-46 to rezone Bembridge PUD Tract "A" from Residential PUD to Community Facility PUD to be processed by CDES on an expedited or fast track basis, (2) contingent upon the rezone approval, approve a transfer of 5.11 acres, Bembridge PUD Tract "A", from the Collier County Emergency Management Services Department (EMS) to the Solid Waste Management Department for the relocation of the Naples Recycling Center, at a cost not to exceed $450,000 and (3) approve a budget amendment to transfer funds in the amount of $500,000 from the Collier County Solid Waste Management Fund (474), Reserve for Capital Contingencies, to a new Project 70013, Naples Recycling Center at Santa Barbara. OBJECTIVE: The public purpose is to provide an improved, more cost effective and centrally located recycling center that will serve the Co llier County residents by constructing a new recycling center at Santa Barbara Boulevard and relocating the existing County Recycling Center from leased space at the Naples Airport. ~- CONSIDERATIONS: The County's Solid Waste Management Department is responsible for ensuring that the Collier County Landfill ("Landfill") has sufficient capacity available for the disposal of the County's solid waste. Accordingly, the Department has prepared an Integrated Solid Waste Management Strategy ("Strategy"), which ha<; been reviewed and approved by the Board on December 5, 2006. The Strategy requires the Department to maximize and optimize its use of the County's existing assets, including the Landfill and recycling centers. Securing and developing recycling centers is a best value solution to increasing recycling and hazardous waste collection and, in return, saves valuable landfill airspace and protects our environment from illegal dumping. Staff requests that the Board of County Commissioners grant the Solid Waste Management Department authority to pursue an amendment to rezone the land back to its original use as a community facility and to then purchase the Bembridge property. This provides a unique opportunity to more appropriately locate a permanent recycling facility on "county owned" land while reducing the capital cost associated with clearing, reclaiming and constructing a new facility. Transferring this property from EMS to Solid Waste fully compensates EMS for the original purchase while providing a fair price to Solid Waste customers. Proactively securing this site benefits the county in the following ways: . The current recycling center site is leased from the Naples Airport Authority at a current cost of $44,627.52 per year and is located on an old landfill. . The current term of the lease is from 10/01/2007 to 9/30/20 I O. A renewal of the lease is due on or before 4/01120 1 O. Based on prior communications, the existing leased property is not available for sale; therefore, any capital investment at that site would occur on non- County owned (leased) property and would require substantial and costly reclamation. (See chart below.) . The Property would provide a centrally located permanent facility in the County. _. Agenda Item No. 16C3 June 23, 2009 Page 2 of 7 ,...",.-. . Relocation from leased property to County-owned property would fulfill the direction of the Board to increase recycling and provide best value solutions to all solid waste and recycling activities. Bembridge 5.11 Acres Naples Airport 3.5 +/- Acres Purchase Price & Closing Costs $ 450,000 Rent Per Year $ 44,627 Construction Cost ( estimate) $1,300,000 Construction Cost (estimate) $1,300,000 DesignlPermitting (estimate) $ 150,000 Design/Permitting (estimate) $ 175,000 Due Diligence $ 2,500 Partial Reclamation $1,500,000 Rezone $ 30,000 Lease Renewal 30 Yrs $5,037,237 Total $1,932,500 Total $8,056,864 This budget amendment only addresses the transfer in ownership of the property. Design, permitting and construction will occur as part of the FY 2010 budget. FISCAL IMPACT: A budget amendment is needed in the amount of $500,000 to transfer the funds from the Solid Waste Management Capital Fund 474 Reserve for Capital Contingencies. to Project 70013, Naples Recycling Center at Santa Barbara. These funds are available in the FY09 Capital Budget approved by the Board of County Commissioners on September 18, 2008. /~....-.. GROWTH MANAGEMENT IMPACT: The PUD modification and acquisition of the Bembridge Property is in compliance with the County's GrO\vth Management Plan. The Solid Waste sub-elements of the Plan promote measures that will increase recycling in Co llier County. This project also provides concurrency with the Solid Waste Management Department's AUIR Level of Service Standard. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This IS a regular item requiring a majority vote. - JBW RECOMMENDATIONS: Staff recommends that the Board of County Commissioners: 1 ) Grant the Solid Waste Management Department the authority to pursue an amendment to the Bembridge PUD Ordinance rezoning Tract "A" from Residential PUD to Community Facility PUD to be processed by CDES on an expedited or fast track basis; 2) Contingent upon the rezone approval, approve the transfer of the Property between EMS and SWMD; 3) Approve a budget amendment to transfer funds in the amount of $500,000 from the Collier County Solid Waste Management Fund (474) Reserve for Capital Contingencies to a new Project 70013, Naples Recycling Center at Santa Barbara. 4) Direct the County Manager or his designee to proceed with the transfer. PREPARED BY: Dayne Atkinson, Project Manager, Public Utilities Planning and Project .- Management Page 10f2 Agenda Item No. 16C3 June 23, 2009 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16C3 Recommendation to (1) grant the Solid Waste Management Department the authority to pursue an amendment to Ordinance 05-46 to rezone Bembridge PUD Tract A from Residential PUD to Community Facility PUD to be processed by CDES on an expedited or fast track basis, (2) contingent upon the rezone approval, approve a transfer of 5,11 acres, Bembndge PUD Tract A, from the Collier County Emergency Management Services Department (EMS) to the Solid Waste Management Department for the relocation of the Naples Recycling Center, at a cost not to exceed $450,000 and (3) approve a budget amendment to transfer funds in the amount of $500.000 from the Collier County Solid Waste Management Fund (474), Reserve for Capital Contingencies, to a new Project 70013, Naples Recycling Center at Santa Barbara Meeting Date: 6/23/2009900:00 AM Approved By Linda Best Compliance Manager Solid Waste Management Department Date Public Utilities Division 6/9/2009 11 :35 AM Approved By Dayne Atkinson Public Utilities Project Manager Public Utilities Planning and Project Management Department Date 6/9/2009 3:43 PM Approved By Daniel R. Rodriguez Public Utilities Solid Waste Director Date 6/91Z009 6:30 PM Solid Waste Approved By Phil E. Gramatges, P.E. Public Utilities Sr. Project Manager Public Utilities Planning and Project Management Department Date 6110/Z009 8:05 AM Approved By William D. Mullin, PE Public Utilities Principal Project Manager Public Utilities Planning and Project Management Department Date 6/10/20098:08 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 6/10/20098:28 AM Approved By Sue Zimmerman Administrative Services Property Acquisition Specialist Facilities Management Date 6110/2009 9:03 AM Approved By Toni A. Mott Administrative Services Real Property Supervisor Facilities Management Date 61101200910:11 AM Approved By file://C:\AgendaTest\Export\ 132-June%2023, %202009\ 16.%20CONSENT%20AGENDA \ 1... 6/17/2009 Page 2 of2 Agenda Item No. 16C3 June 23. 2009 Page 4 of 7 Jeff Page EMS Chief Date Bureau of Emergency Services EMS 6/10120092:37 PM Approved By Jennifer A. Belpedio County Attorney Assistant County Attorney County Attorney Office Date 6/11/2009 8:56 AM Approved By James W. Delony Public Utilities Public Utilities Administrator Date Public Utilities Administration 6/11/20099:30 AM Approved By OMS Coordinator OMB Coordinator Date County Manager's Office Office or Management & Budget 6/11/2009 iO:04AM Approved By Dan E. Summers Bureau of Emergency Services Director Bureau of Emergency Services Date County Manager's Office 6/12/200910:28 AM Approved By. Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 6/15120095:52 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputjr County Manager Date County Manager's Office 6/15/20096:23 PM fiIe://C:\AgendaTest\Export\132-June%2023,%202009\16.%20CONSENT%20AGENDA \1... 6/17/2009 (V)Q)I'- ()O_ c.oOO ,--NI.[) v)Q) NO) ell E~o. Q):::l == -, ell "0 C Q) OJ <( N '0 " 0lJ co 0- ~ .~ ~ '" ~ February 5, 2009 Co~r County ~ --..... ~ ------ - ........ -- Community Development & Environmental Services Division Zoning & Land Development Review Agenda Item No. 16C3 June 23. 2009 Page 6 of 7 Mr. Daniel D. Rodriguez, Director Collier County Solid Waste Management Department 3301 Tamiami Trail East, Building H, Third Floor Naples, FL 34112 Re: ZL TR-2009-AR-14131, regarding the Bembridge ESC Community Facilities CFPUD and RPUD, located in Section 4, Township 50 South, Range 26 East, Collier County, Florida. Dear Mr. Rodriguez: In your zoning verification letter application dated January 9, 2009, you asked Collier County to provide information about whether the current zoning would allow a Recycling Center to be established on the remaining 5.11::t acre tract. Further, you asked what requirements (steps) would be required to allow this use on the parcel. In support of your request you provided a copy of the applicable zoning ordinance, Ordinance Number 05-46, aerial photos and location maps, Property Appraiser data, a copy of a boundary sketch and description of the 5.11 acre tract, as well as Florida Statute citations and aerial photos of the Marco Island Recycling Center. Ordinance Number 05-46 does not specifically list a Recycle Facility as an allowable use. Therefore the PUD would need to be amended to add the use. According to the Land Development Code (LDC) this use would be considered an Essential Services use, as that type use is described in LDC Section 2.01.03. Section 2.01.03.0.1 includes the following description: Conditional uses. The following uses require approval pursuant to section 10.08.00 conditional uses:. . . . e. Government facilities. including where not identified as a permitted use in this section, safety service facilities such as including law enforcement, fire, [and) emergency medical services; Section 2.01.03.0.3 also speaks to additional conditional use approvals that would be required in residential [zoning] districts. Since the portion of this PUD for which you seek this use is designated on the Master Plan for residential uses, this LDC section would be applicable as provided in LDC Section 2.02.02 "District nomenclature." Section 2.01.03.0.3 states the following: In residential, agricultural, and estate zoned districts . . . . in addition to those essential services identified as conditional uses in section 2.01.03 G. I above, the following essential services shall also be allowed as conditional uses: a. Regional parks and community parks; Cil 2800 North Horseshoe Drive. Naples, FL 34104 . 239-252-2400 . Fax 239-643-6968 . www.colliergov.net Page 10f2 Agenda Item No. 16C3 June 23, 2009 Page 7 of 7 Letter to Daniel D. Rodriguez RE: ZL TR-2009-AR-14131, Bembridge PUD February 5, 2009 b. Public parks and public library facilities; c. Safety service facilities; d. Other similar facilities, except as otherwise specified herein. With a PUD zoned tract, you have the option to either seek a conditional use or amend the PUD. In most instances, it is preferred to amend the PUD rather than seek the conditional use approval. Both processes are subject to the same public hearing process requirements. However, an amended PUD would provide one legal document, the PUD Ordinance to govern the uses of the land within that project, rather than two separate documents-a PUD Ordinance and a Conditional Use Resolution. Additionally, since this PUD was amended in 2005, the county has adopted a different format for PUD zoned projects. An amendment would bring this project's PUD document into compliance with current regulations. Please note also that the 2008 PUD monitoring report does not appear to have been submitted. Staff cannot properly evaluate any amendment until that document has been submitted and reviewed. Should you wish to pursue an amendment to this PUD, please start the process by requesting a pre- application meeting. The forms for this pre-application meeting can be found on the Zoning and Development Review website at: http://apps2.colliergov.net/webapps/vision/meetings/. Please be advised that the information presented in this verification letter is based on the LDC and/or the Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to any of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County Land Development Code or related ordinances. Should you require further information please do not hesitate to call me at (239) 252-2931. Researched and prepared by: Reviewed by: ~ Kay D elem, AlCP, Principal Planner Department of Zoning & Land Development Review ~'-fI).~ .susan M. Istenes, AICP, Director Department of Zoning & Land Development Review cc: Ray Bellows, Zoning Manager, Zoning and Land Development Review Peggy Jarrell, Addressing Section Maryann Devanas, PUD monitoring supervisor ZLTR-2009-AR-14l3l, (correspondence file) Page 2 of 2