Item S2 S.2
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
October 16, 2019
Agenda Item Number: S.2
Agenda Item Summary #6186
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506
No
AGENDA ITEM WORDING: Approval to advertise two public hearings for November 20, 2019,
in Key West and December 11, 2019 in Key Largo, to adopt a Resolution to designate an area
located at 10 Betty Rose Drive, Big Coppitt Key, locally known as the Quarry, as a Green Reuse
Area pursuant to the Brownfields Redevelopment Act, Florida Statutes 376.80.
ITEM BACKGROUND On July 24, 2019, the Planning and Environmental Resources Department
received a Request for Designation for a Green Reuse Area pursuant to Section 376.80(2), Florida
Statutes, of Florida's Brownfields Redevelopment Act, from Michael Goldstein of The Goldstein
Environmental Law Firm, P.A. on behalf of Quarry Big Coppitt, Ltd. and Quarry Big Coppitt 11, Ltd
(the "Applicants").
..............................................................................................................................................................................................................................................................
Rockland Ivey
Mile Marker 9
amOR40-0063D2
.�Sr�ruRY'N itr
N�'YF'�14Ayry�;
00120940 00p201 _—`�_•.—_ Iwuewrk ur.
r 1'dv�igEG"n
m
The Applicant states:
"Quarry is applying for this designation due to the material perception of contamination on the
Subject Property resulting from open burning conducted on the property and the use of infill
materials to create the upland area of the Subject Property that has significantly complicated
Quarry's redevelopment efforts. Open burning of vegetative debris is associated with the
generation of contaminants, such as dioxin, due to the possibility that foreign objects an
Packet Pg. 2628
S.2
household waste are intermixed with the disposed vegetation. This is even more likely in an
area like the Florida Keys where debris from past tropical storms is often trapped in thick
coastal vegetation. Further, the use of infill materials to create upland areas of the Subject
Property several decades ago raises the risk that improper solid waste and contaminated media
may be discovered as redevelopment continues. As such, Quarry is lacking assurance that it
will not incur significant costs related to the implementation of both planned and unanticipated
engineering measures, as well as significant environmental consulting and legal costs if
contamination is discovered on the Subject Property during redevelopment.
This perception of contamination on the Subject Property has increased Quarry's exposure to
environmental, construction, health, legal, and regulatory liability risk with respect to the
Subject Property; has complicated redevelopment efforts; and, if actual contamination is
discovered as redevelopment continues, will require significant time and money for
environmental, engineering, and legal consultants to properly investigate and address.
Accordingly, this designation, if granted, will allow Quarry to access limited but important
state-based economic incentives to help underwrite the otherwise unbudgeted costs associated
with managing the environmental risk as well as, generally, to put the Development on a more
certain financial ground. In this sense, the designation will not only play a critical role in the
successful redevelopment of the Subject Property, but also in the larger revitalization efforts
for Monroe County."
The Applicant's full explanation and justification for the proposed request is attached.
ANALYSIS OF PROPOSED REQUEST
In considering a request for a brownfield designation, the local government must evaluation
and apply the criteria set forth in section 376.80(2)(c), Florida Statutes.
Brownfield area designation proposed by persons other than a governmental entity.—For
designation of a brownfield area that is proposed by a person other than the local
government, the local government with jurisdiction over the proposed brownfield area
shall provide notice and adopt a resolution to designate the brownfield area pursuant to
paragraph (1)(c) if, at the public hearing to adopt the resolution, the person establishes
all of the following:
1. A person who owns or controls a potential brownfield site is requesting the
designation and has agreed to rehabilitate and redevelop the brownfield site.
The brownfield area designation was requested by Michael Goldstein of The Goldstein
Environmental Law Firm, P.A. on behalf of Quarry Big Coppitt, Ltd. and Quarry Big Coppitt
11, Ltd. (the "Property Owners"). Additionally, the Property Owners have secured approval of a
Development Agreement for the development of 208 attached residential dwelling units
designated as affordable housing through BOCC Resolution 025A-2018.
2. The rehabilitation and redevelopment of the proposed brownfield site will result in
economic productivity of the area, along with the creation of at least 5 new permanent
jobs at the brownfield site that are full-time equivalent positions not associated with the
Packet Pg. 2629
S.2
implementation of the brownfield site rehabilitation agreement and that are not
associated with redevelopment project demolition or construction activities pursuant to
the redevelopment of the proposed brownfield site or area. However, the job creation
requirement does not apply to the rehabilitation and redevelopment of a brownfield site
that will provide affordable housing as defined in s. 420.0004 or the creation of
recreational areas, conservation areas, or parks.
The Applicants have secured approval of a Development Agreement for the development of
208 attached residential dwelling units designated as affordable housing through BOCC
Resolution 025A-2018.
3. The redevelopment of the proposed brownfield site is consistent with the local
comprehensive plan and is a permittable use under the applicable local land development
regulations.
The Property received Major Conditional Use approval for development of 208 dwelling units
of affordable housing through Planning Commission Resolution P05-18. Additionally, the
Property Owners have secured approval of a Development Agreement for the development of
208 attached residential dwelling units designated as affordable housing through BOCC
Resolution 025A-2018.
4. Notice of the proposed rehabilitation of the brownfield area has been provided to
neighbors and nearby residents of the proposed area to be designated pursuant to
paragraph (1)(c), and the person proposing the area for designation has afforded to those
receiving notice the opportunity for comments and suggestions about rehabilitation.
Notice pursuant to this subparagraph must be posted in the affected area.
Notice of the proposed designation will be provided in accordance with section 125.66(4)(b),
Florida Statutes.
5. The person proposing the area for designation has provided reasonable assurance
that he or she has sufficient financial resources to implement and complete the
rehabilitation agreement and redevelopment of the brownfield site.
The Applicants have provided Sources and Use Schedule, BB&T Mortgage Agreement for
Phase 1 of the Development, and BB&T Mortgage Agreement for Phase 2.
The Applicant provided the following statement:
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S.2
The trrtaal�a itaal vd&e of rapfarraximaate 68,1 nil o#jor•the thnau h a erarrah ratrtaon raf°'equr ty arvd
debt: faelffleally, Phase,f�fthe Development vill be,f'aarrded by ca$19 million � ,.$443,907fivm Moxroe C:rrrrrrty;$8.4
million an eqwiay and ar$21 million de timed derelgxr°fee. Phase II o�f l Deyetofrmn? 2xiN he sanded�y rr .34 v llion
'Mori r e,00'6;, 9 3,u° rra r orlaaae C am%$9.4 rrrlllr'ora e°n and a$3.8 million n O�tr d develaper fie.a°
hq adrlea arr,jrrrrr 's farzr ipal, i ertr°or Compa saes, Trrr. ("Vestar^rr)for ugh its twious a�"e�laa rat'� rl��t��p bar an w1ensitv
Inirk remq .aatrte.rr ra finanang, huddin& and marqgiffg major as ardrah , x. rkjorm, and m arkel-rate rera'dentleal
r°orrarrrrrralt a`, Veartrrar beat Pelol,,ed or rarrl tred in e ross off N,4 rararll j�mr 4.grits, coaJra.ctr'rag�f retarerarerrt, raft rdaabte,trrrxrtry
and"rtmekrrt apart east rrrraaarr .e"r. TIm 1C armor teary bay the e. eraemx to maaer lj mrrrplete ad pb rr"r #f ra mokuwe
imertmerrt,fmm initial arras pt tbrorr, h long-tear rrrrarrrt erne t of I& sxel� "Tbis pmpera hr,rtor of levera,gin,q car.reta rya"tb other
cqpil'ert',mare , an rrasfr nine tmrk mord of''sneceau,, and rar Aaff qf.bigA4 e�,perrnwd and t4 hisfiaited a�'earelaafarrrerrt ra 'rralrla
rxarr.atr"trrt"e marrnable ariurrarrcae thaat a"y heu ra f`u erat fiflaadal rerrawmr to irr�r�rlearrerrt and trrmptere tlw Mxbilitation
qg, eeverrt ra rl red t"Pm e t lrarr. A%vr ha , at s aMfiea`1h&fi t' raaa Iasi c"rile°moss"
PREVIOUS RELEVANT BOCC ACTION:
• On September 27, 2017, the BOCC adopted Resolution 212-2017 reserving 104 affordable
housing allocation awards consisting of One (1) Very Low, Fifty-One (51) Low, Twenty (20)
Median, and Thirty-Two (32) Moderate Income affordable ROGO allocations
[1+51+20+32=104] for a parcel of land in Section 21, Township 67 South, Range 26 East, Big
Coppitt Key, Monroe County, Florida, Having Real Estate Numbers 00120940-000100,
00120940-000201, and 00120940-000302, until July 1, 2018.
• On January 17, 2018, the BOCC adopted Resolution 025A-2018, approving a development
agreement between Monroe County and Quarry Partners, LLC related to the proposed
development of 208 attached affordable housing dwelling units on the subject property.
• February 2018, the Board ratified the adoption of the Development Agreement for the subject
Property.
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Staff recommends approval of the request to advertise a public
hearing for November 20, 2019, in Key West.
DOCUMENTATION:
BOCC_SR_10.16.19
Request for Designation of Property
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Packet Pg. 2631
S.2
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
NA
REVIEWED BY:
Emily Schemper Completed 10/07/2019 12:56 PM
Steve Williams Completed 10/07/2019 1:09 PM
Maureen Proffitt Completed 10/07/2019 1:27 PM
Christine Hurley Completed 10/07/2019 1:31 PM
Budget and Finance Completed 10/07/2019 1:34 PM
Maria Slavik Completed 10/07/2019 1:36 PM
Kathy Peters Completed 10/08/2019 9:21 AM
Board of County Commissioners Pending 10/16/2019 9:00 AM
Packet Pg. 2632
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3 a„,
4
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7
8
9 To: Monroe County Board of County Commissioners
10 as
11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental
12 Resources
13
14 From: Cheryl Cioffari, AICP, Assistant Director of Planning
15 2s
16 Date: October 8, 2019
17
18 Subject: Approval to advertise a public hearing to adopt a Resolution to designate an area located
19 at 10 Betty Rose Drive, Big Coppitt Key,locally known as the Quarry, as a Green Reuse a
20 Area pursuant to the Brownfields Redevelopment Act, Florida Statutes 376.80.
21
22 Meeting: October 16, 2019
23 as
24 I. REQUEST
25
26 On July 24, 2019, the Planning and Environmental Resources Department received a Request for
27 Designation for a Green Reuse Area pursuant to Section 376.80(2), Florida Statutes, of Florida's
28 Brownfields Redevelopment Act, from Michael Goldstein of The Goldstein Environmental Law
29 Firm,P.A. on behalf of Quarry Big Coppitt, Ltd. and Quarry Big Coppitt II, Ltd (the "Applicants"). Cr
30 The area would include three parcels, have Parcel ID Numbers 00120940-000302, 00120940-
31 000100, and 00120940-000201.
...................................................................................................................................................................................................................................................................................................................................................
Rockland Kerr
(Mille Marker 9
I
O N 20940-00602
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�Pt1'112p�M4�P-0CP0'110�1 �� �M,
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00120940 060201
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32
BOCC SR 10.16.19 Page I of 4
Packet Pg. 2633
S.2.a
1 II. BACKGROUND INFORMATION
2
3 The Applicants state:
4 "Quarry is applying for this designation due to the material perception of contamination on the
5 Subject Property resulting from open burning conducted on the property and the use of infill
6 materials to create the upland area of the Subject Property that has significantly complicated
7 Quarry's redevelopment efforts. Open burning of vegetative debris is associated with the
8 generation of contaminants, such as dioxin, due to the possibility that foreign objects an household
9 waste are intermixed with the disposed vegetation. This is even more likely in an area like the
10 Florida Keys where debris from past tropical storms is often trapped in thick coastal vegetation. 2
11 Further, the use of infill materials to create upland areas of the Subject Property several decades
12 ago raises the risk that improper solid waste and contaminated media may be discovered as
13 redevelopment continues. As such, Quarry is lacking assurance that it will not incur significant
14 costs related to the implementation of both planned and unanticipated engineering measures, as
15 well as significant environmental consulting and legal costs if contamination is discovered on the
16 Subject Property during redevelopment. 0
17 This perception of contamination on the Subject Property has increased Quarry's exposure to r
18 environmental, construction, health, legal, and regulatory liability risk with respect to the Subject
19 Property; has complicated redevelopment efforts; and, if actual contamination is discovered as 2
20 redevelopment continues,will require significant time and money for environmental, engineering,
21 and legal consultants to properly investigate and address. Accordingly,this designation,if granted,
22 will allow Quarry to access limited but important state-based economic incentives to help
23 underwrite the otherwise unbudgeted costs associated with managing the environmental risk as
24 well as, generally, to put the Development on a more certain financial ground. In this sense, the >
25 designation will not only play a critical role in the successful redevelopment of the Subject
0
26 Property, but also in the larger revitalization efforts for Monroe County."
U)
27 Cr
28 The Applicants' full explanation and justification for the proposed request is attached.
29
30 Previous BOCC Action
31 • On September 27, 2017, the BOCC adopted Resolution 212-2017 reserving 104 affordable
32 housing allocation awards consisting of One (1) Very Low, Fifty-One (51) Low, Twenty (20)
33 Median, and Thirty-Two (32) Moderate Income affordable ROGO allocations
34 [1+51+20+32=104] for a parcel of land in Section 21, Township 67 South, Range 26 East, Big
35 Coppitt Key, Monroe County, Florida, Having Real Estate Numbers 00120940-000100,
36 00120940-000201, and 00120940-000302, until July 1, 2018.
37
38 • On January 17, 2018, the BOCC adopted Resolution 025A-2018, approving a development
39 agreement between Monroe County and Quarry Partners, LLC related to the proposed
40 development of 208 attached affordable housing dwelling units on the subject property.
41
42
43 • February 2018, the Board ratified the adoption of the Development Agreement for the subject
44 Property.
45
BOCC SR 10.16.19 Page 2 of 4
Packet Pg. 2634
S.2.a
1 III. ANALYSIS OF PROPOSED REQUEST
2
3 In considering a request for a brownfield designation, the local government must evaluate and apply
4 the following criteria set forth in section 376.80(2)(c), Florida Statutes:
5
6 Brownfield area designation proposed by persons other than a governmental entity.—For
7 designation of a brownfield area that is proposed by a person other than the local government,
8 the local government with jurisdiction over the proposed brownfield area shall provide notice
9 and adopt a resolution to designate the brownfield area pursuant to paragraph (1)(c) if, at the
10 public hearing to adopt the resolution, the person establishes all of the following:
11
as
12 1. A person who owns or controls a potential brownfield site is requesting the designation U)
13 and has agreed to rehabilitate and redevelop the brownfield site.
14
15 The brownfield area designation was requested by Michael Goldstein of The Goldstein 2
16 Environmental Law Firm,P.A. on behalf of Quarry Big Coppitt,Ltd. and Quarry Big Coppitt 11, Ltd.
17 (the "Property Owners"). Additionally, the Property Owners have secured approval of a -
18 Development Agreement for the development of 208 attached residential dwelling units designated S
19 as affordable housing through BOCC Resolution 025A-2018.
20
21
22 2. The rehabilitation and redevelopment of the proposed brownfield site will result in a.
23 economic productivity of the area, along with the creation of at least 5 new permanent jobs at
24 the brownfield site that are full-time equivalent positions not associated with the
25 implementation of the brownfield site rehabilitation agreement and that are not associated >
26 with redevelopment project demolition or construction activities pursuant to the
27 redevelopment of the proposed brownfield site or area.However,the job creation requirement
28 does not apply to the rehabilitation and redevelopment of a brownfield site that will provide U)
29 affordable housing as defined in s. 420.0004 or the creation of recreational areas, conservation Cr
30 areas, or parks.
31
32 The Applicants have secured approval of a Development Agreement for the development of 208
33 attached residential dwelling units designated as affordable housing through BOCC Resolution
34 025A-2018.
35
36 3. The redevelopment of the proposed brownfield site is consistent with the local
37 comprehensive plan and is a permittable use under the applicable local land development 0
38 regulations.
39
40 The Property received Major Conditional Use approval for development of 208 dwelling units of
41 affordable housing through Planning Commission Resolution P05-18. Additionally, the Property
42 Owners have secured approval of a Development Agreement for the development of 208 attached
43 residential dwelling units designated as affordable housing through BOCC Resolution 025A-2018.
44
45 4. Notice of the proposed rehabilitation of the brownfield area has been provided to
46 neighbors and nearby residents of the proposed area to be designated pursuant to paragraph
47 (1)(c),and the person proposing the area for designation has afforded to those receiving notice
BOCC SR 10.16.19 Page 3 of 4
Packet Pg. 2635
S.2.a
I the opportunity for comments and suggestions about rehabilitation. Notice pursuant to this
2 subparagraph must be posted in the affected area.
3
4 Notice of the proposed designation will be provided in accordance with section 125.66(4)(b),Florida
5 Statutes.
6
7 5. The person proposing the area for designation has provided reasonable assurance that he
8 or she has sufficient financial resources to implement and complete the rehabilitation
9 agreement and redevelopment of the brownfield site.
10
11 The Applicants have provided Sources and Use Schedule, BB&T Mortgage Agreement for Phase 1
12 of the Development, and BB&T Mortgage Agreement for Phase 2. U)
13
14 The Applicant provided the following statement:
The total capital bvdgei erf appmdmat4 ' c .Imilkonfir the Developmewth-fillj�rded dh rr c�a�r rsr a a� i rr
debt. Sea a r , P r I,qf Jhff DeWopmoaxill,befimided b
y a$19 millionnrtga ;$44,3,07fmv Moxroe Cmattr w S8.4 0
'111og in egW6� ;rand ra 21 mdfia r d i d developer fee. 'lire 11 gj'tl Deve ,rr-ew wia befifnded,4 ra ' . '4 rrrdrron
rrrr�xlt r et$506;. ' w?from Mvnroe e ;S9.4 million,in egidtr and a$, . million4feradd"ev jx .fve.
In ad&irvv,eras°rr 's prirrai raraw, vartarrr t"omparri r, lm (`Verhw')through its twious thmlopment arfllikfos, bar an exlensin, �
ltw-k MWW off" m6ress ih finaming. rril'in& and margaging inaior a -lake, xvr ,�o , surd arnn e!-rate msideinh,l act
ro'%W nitser. Ve 04vr IA2,(deWoftd yr ar quir d in e aosx of 14,400,r ralfij rm units, cxrxr.rirtara,g qf mtirurrrerrr;affvrdwr le, lraxrrr °
and student arprrtrrrerrt wxmunWex. The flexreor team haj the experierro to -ruemr rl w rrr fete rait e r r of a reari�rrta� M
erp'e .�t*arerrt,. rrx i rltraal a rr t for l� l rr -t om rrrrarr�a rrre t raf the a7J. t. TNi pmPerr histog at°wr ier euuatp Wid)abor 0
qtildl.arras, an impresdpe freak mcord f°sxa zxe, and ra stq ql~ # aV� "ejteed"and rgphi,rdwtd d"evekpNerrt n ra dlr
mrsfitutr rmon able a-murancae that Q as 7 has Sr rldg t* ar rrda'1 nur r 'ms, to ip�vpio eot sa c" c raplete t1m nhar r'itah"ara >
15
me errs and a�ede ec'n aaeni pla . hga,a%,or , rt.;edifies d,& ih any"lks. aimiorr.
16 0
17 STAFF RECOMMENDATION a
18 Cr
19 Staff recommends approval of the request to advertise a public hearing.
20
21 IV. EXHIBITS
22
23 1. Request to designate property as Green Reuse Area dated 7/24/2019
cap
co
i
BOCC SR 10.16.19 Page 4 of 4
Packet Pg. 2636