Loading...
Item S3 S.3 t, 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 November 20, 2019 Agenda Item Number: S.3 Agenda Item Summary #6224 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506 No AGENDA ITEM WORDING: First of two required 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"). Rackland IKey Mille Marker 8 00�20940-000202 009209A0-DMOD i;:caw��anm 00120940 DaUai -------- -- A—.I�i.:;:- This public hearing is the first of two required public hearings on the item. 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 Packet Pg. 2951 S.3 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 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. The Applicant is seeking the Designation for a Green Reuse Area for the following reasons: 1. State loan guarantees for primary lenders: up to 75% of the primary lenders loan if the property is redeveloped as affordable housing. 2. Refunds on sales tax paid on the building materials used for the affordable housing proj ect. 3. Liability protection. Designation provides liability protection if contamination is ever discovered in the future and there programs to recoup clean-up costs (if clean-up is needed in the future). 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. Packet Pg. 2952 S.3 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 II, 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 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: Packet Pg. 2953 S.3 The td rral crapital bud t r ax prraxxrlrraatcly "a a.1 raaili'iaan rrr the I er r`ar rrrrerat is as'r ,iixrJaa a1 thmm&ba combination rrJ egraiay(ad deft Aped eaalo, Phase qf the 1 erreaaarptrterrt gill��.�rrrrded any a S19 millier tort , ," ° 3; frvrrrMonroe Goaaar y;$8. milldams in egrriV,-cared ra$ .8 rrailbn ddirred developer fee. .Phase n' qj'lhe Debelopmefli wili hs). nded a S 3.8 million xr oi*q F 006,093firom,Monnv Corarr;Y9.4 million in equity;and as$3.S rrri40n t0v'.r^r0 developer fee. l r aadalii5' rr, 'rcr ,r prirrtx al, hear�":a�tprtrrie:r, Tma (1/e ls°rar° the to di its uarrirrzer a rrelaaprraerat rr li Je , Naar are !sere lm,k tr6wrd of .atreafs i# fmatiang, buddinb and men, ing major apndahle, wor°kja m, and mean*gel-ratte r'e.fidenttari aarrnxrrarriater Veaataarr haar dsml l,rd err arq iced in excess aaf 14,400 multryiaa: r' a unit.-p corr istixr��/"r�tir�rrrerrt; as ardarlate,l'ra:trray a and student apartment aarrarar .raider The Vertc rr tecrrn has the experience, saaac r. ,l , minplele a#phaasev aaf as r'ea i ettaae investment.firarrra iraalalal mneept thrtatt 16)(-term rraaargnvent trf dhe asset. ".bis prarpm hrxte,r�° of kver-aa ar"rah crn eta witbolher, c apd al stat nws, an i; pmairre track mord qf srra.°cus, and ar ttg 'q/'&ghly e*?tieraavd androphisficated arewlgpitrent aferialf, conjdWr ramuarraraaahle as r rrarsce tires! rarrrxy bar era arext naandaal raxrarro- to implement and campa"ete the Mm a"r'itaation H erat and mdookpoeniplan. s a r�1,at salt es r,�iis�if h and/Jaart oilera'orr,. 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 BOCC ratified the adoption of the Development Agreement for the subject Property. • On October 16, 2019, the BOCC gave approval to advertise a public hearing 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, consistent with Florida Statutes 376.80. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: Staff recommends approval of the proposed Resolution on second reading. DOCUMENTATION: BOCC_Staff Report_11.20.19 Ex. 1 to Staff Report - Request for Designation of Property Reso_Draft with Exs A location map & B legal descrip FDEP Brownfields Brochure-2018 FINANCIAL IMPACT: Packet Pg. 2954 S.3 Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: 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 10/28/2019 4:29 PM Steve Williams Completed 10/29/2019 7:36 AM Maureen Proffitt Completed 10/29/2019 9:40 AM Christine Hurley Completed 10/31/2019 2:26 PM Budget and Finance Completed 11/01/2019 8:24 AM Maria Slavik Completed 11/01/2019 8:50 AM Kathy Peters Completed 11/04/2019 1:43 PM Board of County Commissioners Pending 11/20/2019 9:00 AM Packet Pg. 2955 1 pp �JJ�JJJJJJJJJJJJJJJJJJJJJJJJ�/� ��,t �f �,�"'. � ���� (j(II 2 )llll ��������IIIII�IIII�IIIIIIIIIIIIIIIIIIIIIIII �'; "rid" v / 4. ;x / %%%%%%%% Illlll '..... 3 a„, 4 5 MEMORANDUM 6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 7 8 9 To: Monroe County Board of County Commissioners (s 10 as 11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental 12 Resources 13 a �s 14 From: Cheryl Cioffari, AICP, Assistant Director of Planning 15 0 16 Date: October 28, 2019 U 17 18 Subject: First of two required public hearings for November 20,2019,in Key West and December 19 11, 2019 in Key Largo, to adopt a Resolution to designate an area located at 10 Betty 20 Rose Drive, Big Coppitt Key, locally known as the Quarry, as a Green Reuse Area 21 pursuant to the Brownfields Redevelopment Act, Florida Statutes 376.80. 22 4- 23 U) 24 Meeting: October 16, 2019 25 26 27 I. REQUEST 24 28 as 29 On July 24, 2019, the Planning and Environmental Resources Rockland NCey 7 30 Department received a Request for Designation for a Green �n ie mnarkar e 31 Reuse Area pursuant to Section 376.80(2), Florida Statutes, 32 of Florida's Brownfields Redevelopment Act, from Michael 33 Goldstein of The Goldstein Environmental Law Firm,P.A. on 0012N40-006302 0 34 behalf of Quarry Big Coppitt, Ltd. and Quarry Big Coppitt 11 00 120�9�0-000,100 s 35 Ltd (the "Applicants"). 36 00120940-000201 _._—'_ _ rya' $ c$ 37 This public hearing is the first of two required public hearings U� 38 on the item. 0 39 40 IL BACKGROUND INFORMATION a 41 42 The Applicants state: 43 "Quarry is applying for this designation due to the material perception of contamination on the 44 Subject Property resulting from open burning conducted on the property and the use of infill 45 materials to create the upland area of the Subject Property that has significantly complicated 46 Quarry's redevelopment efforts. Open burning of vegetative debris is associated with the 47 generation of contaminants, such as dioxin, due to the possibility that foreign objects an household BOCC SR 11.20.19 Page 1 of 4 File 2019-207 Packet Pg. 2956 S.3.a I waste are intermixed with the disposed vegetation. This is even more likely in an area like the 2 Florida Keys where debris from past tropical storms is often trapped in thick coastal vegetation. 3 Further, the use of infill materials to create upland areas of the Subject Property several decades 4 ago raises the risk that improper solid waste and contaminated media may be discovered as 5 redevelopment continues. As such, Quarry is lacking assurance that it will not incur significant 6 costs related to the implementation of both planned and unanticipated engineering measures, as 7 well as significant environmental consulting and legal costs if contamination is discovered on the 8 Subject Property during redevelopment. 9 This perception of contamination on the Subject Property has increased Quarry's exposure to 10 environmental, construction, health, legal, and regulatory liability risk with respect to the Subject U) 11 Property; has complicated redevelopment efforts; and, if actual contamination is discovered as 12 redevelopment continues,will require significant time and money for environmental, engineering, 13 and legal consultants to properly investigate and address. Accordingly, this designation,if granted, 14 will allow Quarry to access limited but important state-based economic incentives to help 15 underwrite the otherwise unbudgeted costs associated with managing the environmental risk as 0 16 well as, generally, to put the Development on a more certain financial ground. In this sense, the 17 designation will not only play a critical role in the successful redevelopment of the Subject 18 Property, but also in the larger revitalization efforts for Monroe County." 19 2 20 The Applicants' full explanation and justification for the proposed request is attached. 21 � 22 Previous BOCC Action 0 23 • On September 27, 2017, the BOCC adopted Resolution 212-2017 reserving 104 affordable 24 housing allocation awards consisting of One (1) Very Low, Fifty-One (51) Low, Twenty (20) 25 Median, and Thirty-Two (32) Moderate Income affordable ROGO allocations 26 [1+51+20+32=104] for a parcel of land in Section 21, Township 67 South, Range 26 East, Big .2 27 Coppitt Key, Monroe County, Florida, Having Real Estate Numbers 00120940-000100, 28 00120940-000201, and 00120940-000302, until July 1, 2018. 29 • On January 17, 2018, the BOCC adopted Resolution 025A-2018, approving a development 17 30 agreement between Monroe County and Quarry Partners, LLC related to the proposed �! 31 development of 208 attached affordable housing dwelling units on the subject property. i 32 • February 2018, the BOCC ratified the adoption of the Development Agreement for the subject 33 Property. 34 • On October 16,2019,the BOCC gave approval to advertise a public hearing to adopt a Resolution 35 to designate an area located at 10 Betty Rose Drive, Big Coppitt Key, locally known as the �s 36 Quarry, as a Green Reuse Area pursuant to the Brownfields Redevelopment Act, consistent with 0 37 Florida Statutes 376.80. 00 38 39 III. ANALYSIS OF PROPOSED REQUEST 40 41 In considering a request for a brownfield designation, the local government must evaluation and 42 apply the criteria set forth in section 376.80(2)(c), Florida Statutes. 43 44 Brownfield area designation proposed by persons other than a governmental entity.—For 45 designation of a brownfield area that is proposed by a person other than the local government, BOCC SR 11.20.19 Page 2 of 4 File 2019-207 Packet Pg. 2957 S.3.a I the local government with jurisdiction over the proposed brownfield area shall provide notice 2 and adopt a resolution to designate the brownfield area pursuant to paragraph (1)(c) if, at the 3 public hearing to adopt the resolution, the person establishes all of the following: 4 1. A person who owns or controls a potential brownfield site is requesting the designation 5 and has agreed to rehabilitate and redevelop the brownfield site. 6 7 The brownfield area designation was requested by Michael Goldstein of The Goldstein 8 Environmental Law Firm,P.A. on behalf of Quarry Big Coppitt,Ltd. and Quarry Big Coppitt 11, Ltd. 9 (the "Property Owners"). Additionally, the Property Owners have secured approval of a 2 10 Development Agreement for the development of 208 attached residential dwelling units designated 11 as affordable housing through BOCC Resolution 025A-2018. 12 13 2. The rehabilitation and redevelopment of the proposed brownfield site will result in 14 economic productivity of the area, along with the creation of at least 5 new permanent jobs at 15 the brownfield site that are full-time equivalent positions not associated with the 16 implementation of the brownfield site rehabilitation agreement and that are not associated U) 17 with redevelopment project demolition or construction activities pursuant to the 18 redevelopment of the proposed brownfield site or area.However,the job creation requirement 19 does not apply to the rehabilitation and redevelopment of a brownfield site that will provide Z: 20 affordable housing as defined in s. 420.0004 or the creation of recreational areas, conservation Z 21 areas, or parks. a. 22 N 4- 23 The Applicants have secured approval of a Development Agreement for the development of 208 24 attached residential dwelling units designated as affordable housing through BOCC Resolution 25 025A-2018. 26 27 3. The redevelopment of the proposed brownfield site is consistent with the local 28 comprehensive plan and is a permittable use under the applicable local land development 29 regulations. 30 31 The Property received Major Conditional Use approval for development of 208 dwelling units of ri 32 affordable housing through Planning Commission Resolution P0548. Additionally, the Property 33 Owners have secured approval of a Development Agreement for the development of 208 attached 0 34 residential dwelling units designated as affordable housing through BOCC Resolution 025A-2018. 35 36 4. Notice of the proposed rehabilitation of the brownfield area has been provided to 37 neighbors and nearby residents of the proposed area to be designated pursuant to paragraph 38 (1)(c),and the person proposing the area for designation has afforded to those receiving notice 39 the opportunity for comments and suggestions about rehabilitation. Notice pursuant to this 00 40 subparagraph must be posted in the affected area. 41 E 42 Notice of the proposed designation will be provided in accordance with section 125.66(4)(b),Florida 43 Statutes. 44 45 5. The person proposing the area for designation has provided reasonable assurance that he 46 or she has sufficient financial resources to implement and complete the rehabilitation 47 agreement and redevelopment of the brownfield site. 48 BOCC SR 11.20.19 Page 3 of 4 File 2019-207 Packet Pg. 2958 I The Applicants have provided Sources and Use Schedule, BB&T Mortgage Agreement for Phase 1 2 of the Development, and BB&T Mortgage Agreement for Phase 2. 3 4 The Applicant provided the following statement: The lotal capital bud et of appiuxi=14$68.1,milkonfir the Developmentii-fill yj�ijded throm gha rombinanon qf eqvk aod debt. SPe#1'W1j1' P se-T,qf 1he 0"Woppient willbefiun4d b,),a$19 ni&#n. wort, qy,-$44,3,07fivr))Manroe Cmatv,,S8.4 milliog in eqW6�; and a$21viilfim deferred derdoperfee. Phase 1I oj'lhe Deyelopmew wili be away,by a $234 mii#001 ,ge;$,506fiRw3froix,Momv Carrot S9.4 r?dWvxih vqodo;and as P.S N611ion 4fermd depebpsa fve,5 )x a&#60,V,j2tvany's prilaip ' vwror compaoievina ('VexAm')ibrougb its miious zheivlopment qffilik1gs, bax an exlenshoo, tturk MW ma?ss i'l finatlang, budding, and magaging major, aprdaabb, xorAy�ra�, and market-rate residexharl U) mvzwuniliex, Vwevr/hu depebpd or acquired in e.voss of 114,400 mu#a maw units, wjusislin hfxwy ,g qf mfirummiaffor4bble, 0 aod sw&xt aMrtmext oxvixk6ex. The Veitewr team Aw rive.Verienx to sucmufl. pIcle allpbaroxfa iexMA- W r- investwent, o TNj pnoree A istog qf ver kag iag arsev with other 0 fimm inifial ronapt thromgb lonA71eM MrJnaA?19)e#t e�I& arll/..f cq,6141 xaxnrx, an impnxu'ive track mvrdof sntcezr�, and a Aq#'q1'high# ofidalF mn.ditute ruasonable a-muranm that Qnar7 heu s�ffuiwfi swarm dal rtuagives to impiewene and etomplete i1m, nhaWitah'on 0 5 agteemvni a&l aged aelopnmt_plan. Asxy)rdnglv, it.;a1bfies#&fiflhand Iasi o*e?ion 4- , U) 6 7 STAFF RECOMMENDATION 8 9 Staff recommends approval of the proposed Resolution on second reading. .2 10 11 IV. EXHIBITS 4- 0 12 U) 13 1. Request to designate property as Green Reuse Area dated 7/24/2019 cv 0 BOCC SR 11.20.19 Page 4 of 4 File 2019-207 Packet Pg. 2959 S.3.c 1 4 i e d 7 NROE COUNTY,NTY, FLORIDA � BOARD OF COUNTY COMMISSIONERS a 110 RESOLUTION . _ — 1I 1 1'2 U) 1 14 A RESOLUTION BY THE MONO E COUNTY BCIA. D OF 15 COUNTY COMMISSIONERS, MAKING CERTAIN FINDINGS 16 AND DESIGNATING THE E PROPERTY LOCATED AT 10 BETTY .2 17 ROSE DRIVE, BIG CCIIEEIT'T KEY, WITH PARCEL I 18 00120940-0002019 00120940-000100� AND 0012 940-000302, 19 LOCALLY KNOWN S THE QUARRY, PURSUANT TO SECTION 20 37 . 0, FLORIDA STATUTES, FLORIDA'S II' C/ I FIEI 21 REDEVELOPMENT ACT, FOR THE PURPOSE OF 22 ENVIRONMENTAL REHABILITATION, JOB CREATION AND 23 PROMOTING ECONOMIC REDEVELOPMENT; AUTHORIZING 24 THE COUNTY CLERK IC TO NOTIFY THE FLORIDA 25 DEPARTMENT OF ENVIRONMENTAL PROTECTION OTEC;°TIO OF SAID 2'6 DESIGNATION; PROVIDING FOR IMPLEMENTATION; AND 06 27 PROVIDING FOR AN EFFECTIVE DATE. 28 E 2 0 WHEREAS,EA,S, Chapter 376, Florida Statutes, provides for designation of certain specified U) x 1 areas by local government adoption of a resolution in order-to promote environmental remediation, a 2 sustainable land redevelopment and./oar reuse, and economic revitalization; and 33 i WHEREAS,EAS, the Quarry Big C;oppitt LTD and Quarry Big Coppitt. 11, LTD (the "Property 0 4 Owners") own property commonly known as The Quarry Development, located at 10 Betty Rose 5 Drive, Bag C"oppitt Key, identified by Parcel Ili Nos. 00120940-000201, 00120940-000100, and � 0 001.20940-000302 (hereinafter the "Subject Property"), as shown in the attached Exhibit "A," and 7 more particularly described in the legal description as shown in the attached Exhibit "E" both of EOC~ Res -2019 Page 1 of 4 Pile 2019-207 Packet Pg. 2960 1 which are incorporated and made a part hereof by this reference, which warrants environmental 2 remediation, sustainable land redevelopment and/or reuse, and economic revitalization; and 3 WHEREAS, the Property Owners intend to utilize the regulatory, financial, and other 4 benefits associated with Florida's Brownfield Redevelopment Program by designating the Subject 5 Property as a "Green Reuse Area," pursuant to Section 376.80, Florida Statutes; and 6 WHEREAS, the Monroe County Board of County Commissioners, (the "BOCC) have 0 U) 7 reviewed the relevant procedures that apply effectuating this designation, as specified in Section 8 376.80, Florida Statutes, and find the Property Owners in compliance with the statutory Z: .2 9 requirements; and IL C14 4- 0 10 WHEREAS, proper notice of the designation of the proposed Green Reuse Area has been U) 11 provided in accordance with Section 376.80(l)(c) and Section 166,041(3)(c)2, Florida Statutes; U) 12 and 13 WHEREAS, the BOCC have made certain findings with regard to the Subject Property .2 M 06 14 that are further specified herein; and E 15 WHEREAS, the BOCC have determined that the proposed Green Reuse Area designation 16, on the Subject Property is in the best interest of the Property Owners, and advantageous to the U) 17 public health, safety and welfare; and x W 18 WHEREAS, the B4OCC desires to notify the Florida Department of Environmental 19 Protection of its resolution designating the Subject Property as the "The Quarry Development - 0 U) 20 Green Reuse Area" to further its rehabilitation and redevelopment for the purposes enunciated 21 under Sections, 376.77 through 376.86, Florida Statues. E 22 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 23 COMMISSIONERS OF MONROE COUNTY, FLORIDA: BOCC Res -20 19 Page 2 of 4 File 2019-207 Packet Pg. 2961 1 Section 1. Recitals. The foregoing recitals are confirmed, adopted, and incorporated 2 herein and made a part hereof by this reference. 3 Section 2. Adoption of Re resentations. Pursuant to, and in satisfaction of, the 4 requirements of designation in section 376.80, Florida Statutes, the following findings are made: 5 1. The Subject Property, as the proposed Green Reuse Area, will provide affordable 6 housing as defined in 420.0004, Florida Statutes; and 0 U) 7 1 The proposed Green Reuse Area represents a reasonably focused approach and is 8 not overly large in geographic coverage; Z: .2 9 3. The proposed Green Reuse Area has is consistent with the County's a. N 4- 10 Comprehensive Plan and Land Development Code. 0 U) 11 Section 3,PropLrty Designation. The area depicted on Exhibit "A" and legally described U) 12 on Exhibit "B," attached hereto and incorporated herein by reference, is hereby designate the as 13 the Subject Property as the "The Quarry Development - Green Reuse Area" for purposes of CO 14 Sections 376.77 through 376.86, Florida Statutes, E 15 Section 4. Authorization to Count Clerk, The Clerk is hereby authorized to notify the 16 Florida Department of Environmental Protection of the Board's Resolution designating the Subject 0 U) 17 Property as the "The Quarry Development - Green Reuse Area" for purposes of Sections 376.77 X W 18 through 376.86, Florida Statutes . The Clerk of the Board is hereby directed to forward a certified 19 copy of this resolution to the Senior Director of Planning. 0 U) 20 Section 5. Iml2lernentation. The Senior Director of Planning and Environmental 21 Resources, the County Attorney, and the County Clerk are hereby authorized to take such further E 22 action as may be necessary to implement the purpose and provisions of this Resolution. 23 BOCC Res -2019 Page 3 of 4 File 2019-207 Packet Pg. 2962 11 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 2 Florida, at a regular meeting of the Board held on the day of 2019, 3 2 4, Mayor Sylvia Murphy U) 5 Mayor Pro Teni Danny L. Kolhage 6 Commissioner Heather Carruthers 7 Commissioner Michelle Coldiron 8 Commissioner David Rice 2 9 0 10 BOARD OF COUNTY COMMISSIONERS U) 11 OF MONROE COUNTY, FLORIDA 12 13 BY Z: 14 MAYOR SYLVIA MURPHY .2 15 (SEAL) 16 C14 4- 0 17 ATTEST: K-EVIN MADOK, CLERK U) 18 19 20 U) 21 DEPUTY CLERK 22 MON ROE COUNTY NEY APP�'k! ED AS TO A-t Sj 06 A1'0'2. ZfPiiil COUNT ATTORNEY 6� E U) x w 0 U) E BOCC Res -2019 Page 4 of 4 File 2019-207 Packet Pg. 2963 S.3.c Exhibit Rockland Key Mile rr 9 U) fl �' 00 1 " - 2 00 '1� 0m00, 001209,40-00,0201 ,ry J �{ c w Packet Pg. 2964 Exhibit B PropejV Description Parcel 1: U) Land Description: Phase 1: A portion of Section 21, Township 67 South, Range 26 East, Big Copput Key, Monroe County,Florida, 0 U) described as follows: 0 BEGIN at the Southwest comer of Block 9 of GULF REST PARK PLAT No. 2, according to the pilat thereof as recorded in Plat Book 4,Page 157, of the Public Records of Monroe County, Florida; thence S 00'00'00"I W (SOUTH), 390.00 feet;thence N 90'00'00"' W (WEST), 300.00 feet-, thence N 00'00'00"E .2 .0 (NORTH), 1355.31 feet; thence N 89158'04" E, 300.00 feet to the West line of said Block 9; thence S IL 00"00'00"W(SOU TM along said West line of Block 9, a distance of 965.48 feet to the Southwest comer C14 of said Block 9 and the POINT OF BEGINNING. 4- 0 U) TOGETHER WITH Parcel 2: U) Non-Exclusive easements as described in Declaration of Restrictive Covenants and Easements, recorded concurrently herewith, over the following described lands: PHASE H LAND DESCRIPTION: 06 0. A parcel of land lying adjacent to the lands described in T,I,I,F, Deed #24002 on the Gulf of Mexico in M Government Lot 1, Section 2 1, Township 67 South, Range 26 East; and a portion of land as described in E Official Records Book 2237',Page 2259 of the Public Records of Monroe County,Florida being a part of 0 Government Lot 1, Section 21, Township 67 South, Range 26 East on Big Co Pitt Key,Monroe County, Florida described as follows: 0 CONiMENCE at the southwest comer of Block 9 of"GULFREST PARK, Plat No. 2" according to the U) X plat thereof as recorded in Plat Book 4 at Page 157 of the Public Records of Monroe County,Florida and W run thence North for a distance:of 965.48 feet to the POINT OF BEGINNING of the parcel of land herein being described; thence run West for a distance of 300 feet; thence run North for a distance of 711.82 feet, more or less to a point on the north boundary line of T,I.I.F Deed 424002, as described in Official Records Book 346, Page 580, of said Public Records; thence run West and along the north line of said T.I,I.F. Deed#24002 for a distance of 1331.95 feet; thence run North for a distance of 186 feet,more or 0 less, to a point on the Waterward Meander Line of July 1, 1975, as described in Official Records Book U) 2483, Page 950, of said Public Records; thence ineander along said waterward boundary the following twenty-four(24)courses: N 88'53'56" E,for a distance of 39,47 feet; N 65'36'56" E, a distance of'71.66 feet; S 88'16'57" E, for a.distance of 75.93 feet; N 77'38'10" E, a distance of 44.29 feet; S 76'11'41"E, E for a distance of 76.54 feet; N 88'33'56" E, a distance of 8,2.11 feet; N 85'40'47" E, for a distance of 103.42 feet; S 75'35'07" E, a distance of 43.33 feet; N 77'23'10" E, for a distance of 41.16 feet; S 84142'40" E, a distance of 110.45 feet; S 87'26'54':' E, for a distance of 85.16 feet; S 79"07'09" E, for a < distance of 28.70 feet;N 79'46'31" E,for a distance of 73:.24 feet; S 77'57'45" E, for a distance of 41.56 feet;N 77'13'36,"E,for a distance of 53.,90 feet; S 84'23'12"E,for a distance of 121.58 feet;N 80009147" 1 Packet Pg. 2965 E,for a distance of 54.28 feet; S 82"'09'00" E,for a distance of 63.88 feet; S 79'34'01" E,for a distance of 42.16, feet-, N 8601010511 E, for a distance of 98.91 feet; N 88'42'12" E, for a distance of 49.04 feet; S 82"47'37" E,for a distance of 59.12 feet; S 84'16'22"E,for a distance of 85.014 feet; S 47'39'01" E,for a distance of 15.58! feet to a point, said point being the Point of Terminus of the Water-ward boundary line as of July 1, 1975;thence S 29'03"59"E and leaving the said Waterward boundary line as,of July 1, 1975 U) for a distance of 197.97 feet to a point, thence Southerly along the northerly prolongation of the west line of said Block 9, also being the northerly prolongation of the west line of T.I.I.T.F. Certificate #29509, a distance of 711.65 feet to the POINT'OF BEGINNING. ALSO DESCRIBED AS: (Description to incorporate current Mean High Water Line as located on May 16,20 13) 0 U) A parcel of land being a part of Government Lot 1,Section 21,Township 67 South,Range 26 East on Big Coppitt Key,Monroe County,Florida described as follows: COMMENCE at the southwest corner of Block 9 of"GULFREST PARK PLAT NO. 2" according to the .2 .0 plat thereof as recorded in Plat Book 4 at Page 157 of the Public Records of Monroe County;Florida,and run thence N 00'13'10" E along the westerly boundary line of the said Block 9 for a distance of 9'65.48 (L C14 feet to the POINT OF BEGINNING; thence N 89'48'47" W, 300.00 feet; thence N 00'13'10" E, 711.82 4- 0 feet to the north line of the Trustees of the Internal Improvement Trust Fund ('T.I.I.T.F.) Deed Number U) 24002 as described in Official Records Book 346,Page 580, of said Public Records; thence N 8946'50" W along said north line, 133�1.95 feet; thence N 009310" E, 199.38 feet to the Mean High Water Line of the Gulf of Mexico, being coincident,with the boundary of the State of Florida sovereign lands as located on May 16, 2013, having an elevation of (.) 0.1 feet of the North American Vertical Datum of 1988 U) (NA VD 88); thence meandering along said Mean High Water Line for the following forty-three courses and distances: S 75'10'03"E, 17.09 feet;thence N 78'39'05" E, 68.25 feet; thence N 89'30'17" E, 15,01 feet; thence N 75'15'14" E, 51.14 feet; thence S 86'12'34" E, 48.68 feet; thence N 86'18'20" E, 42,61 .2 feet; thence S 78'03'36"' E, 20.90 feet; thence N 82'55'14" E, 20.68 feet; thence S 79'58'18" E, 26.68 co feet; thence N 82'01'16" E, 34.71 feet; thence S 88'0727" E, 19.05 feet; thence: S 81'24'47" E, 18.37 06 feet;thence N 83'19'58"E, 37,65 feet;thence N 88'17'12"E,46.14 feet-,thence N 37'19'14" E, 3.92 feet; thence S 82'12'13" E, 41,59 feet; thence N 8 I'l T4 1" E, 29.36 feet-, thence S 72'56'29" E, 14.22 feet; E thence N 85'48'46" E, 48.07 feet; thence S 89"00'58" E, 37.89 feet; thence S 74'00'33" E, 20.67 feet; thence S 88'24'32" E, 37.19 feet; thence S 84'06'55"' E, 54,34 feet; thence N 48034'35" E, 8,07 feet; thence S 63'55'33" E, 23.21 feet; thence N 85'06'05" E, 80.97 feet; thence S 87'42"46" E, 2825 feet; thence S 87'37'50" E, 46.30 feet; thence N 62'5849" E, 26.73 feet-, thence S 84'54'29" E, 51.82 feet; thence S 74'52'34" E, 59.48 feet; thence N 58'22'57" E, 39,76 feet; thence S 70'02'44" E, 3035 feet; U) X thence S 89'09'25" E, 361.47 feet; thence S 81'04"001" E, 76.75 feet; thence S 55"35'02"' E, 9.83 feet; w thence N 87'43'55" E, 100.88 feet, thence N 79'34'18" E, 60,39 feet; thence S 30'05'11" E, 16-62 feet; thence N 88"49'49" E, 23.02 feet; thence S 86'06'33" E, 23.01 feet; thence N 8446'41" E, 25.37 feet; thence S 72'52'03" E,47.43 feet;thence S 28'54'25" E departing said Mean High Water Line,214.32 feet to the intersection with the northerly extension of the west line of said Block 9 also being the northerly prolongation of the west line of T.I.I.T.F. certificated Number 29509; thence S 00'13'10" W along said 0 west line of said Block 9 and its northerly extension, a distance of 711.615 feet to the POINT OF U) BEGINNING. Said lands lying and being in Government Lot 1, Section 2 1, Township 67 South, Range 26 East on Big E Coppitt Key,Monroe County,Florida. Packet Pg. 2966 TOGETHER WITH: Parcel 3: Non-Exclusive Ingress and Egress Easement Agreement between Rockland Operations, LLC, The 0 U) Dickerson Group, Inc. to Quarry Partners, LLC recorded July 18, 2018, in Official Records Book 2917, Page 941,recorded in the Public Records of Monroe County,Florida,aver the following described lands: An Access Easement being a portion of Section 21, Township 67 South,Range 26 East and a portion of an Access Easement as described in the Official Records Book 2835, Page 371, recorded in the Public Records of Monroe County,Florida,as described as follows: 0 U) COMMENCE at the Southwest coiner of ROCKLAND VILLAGE, according to the plat thereof, as recorded in Plat Book 4,Page 133,of the Public Records of Monroe County,Florida; thence N 00'00'00" W (NORTH)along the West line of said ROCKLAND VILLAGE,also being the West right-of-way line of Second Street as shown on said Plat, distance of 29.30 feet to the most Southeast comer of said Access .2 Easement and the POINT OF BEGINNING; thence N 90'00"00" W. (WEST) along a line being 29.30 .0 feet North of and parallel with the Westerly extension of the South line of said Plat, a distance of 50.00 C14 feet to a point on the West line of said Access Easement; thence N 00'00'00" W (NORTH.) along a line 4- being 50,00, feet West of and parallel with the West line of said Plat and said West fight-of-way line of 0 Second Street as shown on said Plat,said line also being the West line of said Access Easement a distance U) of 1796.02 feet; Thence along the West line of said Access Easement for the following six(6)courses and distances: U) 1.N 21048'57 E, a distance 128.08 feet; 2.N 00"12'36"W,a distance 86,67 feet; cm 1 N 89'47'24" E,a distance 37.80 feet; 4,N 09'01'20"E,a distance 158.79 feet; 06 5,N 0:4'05'19"W,a distance 103.67 feet; CL 6. N 38'5342"E,a distance:58.,13 feet; E thence N 90'00'00" E (EAST) departing said West line,of said Access Easement, a distance 237,86 feet; thence N 00"00'00" W (NORTH), a distance 75.20 feet to the South line of lands described in Exhibit "A", recorded in Official Records Book 1884, Page 1226, of said Public Records; thence N 90'00'00" E (EAST) along said South line a distance 30.00 feet; thence S 00'00`00" W (SOUTH) a distance 107.98 U) feet;thence N 84'42'33"W a distance 30.13 feet; thence S 90'00'00" W (WEST)a distance 197.84 feet to X W a point of intersection with the East line of said Access Easement; Thence along said East line of said Access Easement for the following nine(9)courses and distances: 1. S 38053'42"W,a distance 40.23 feet; 2. S 04'05'19" 0 E,a distance 89.67 feet; U) 3. S 08'53'25"W, a distance 203.53 feet; 4. S 2.1'58'40" W, a distance 30.00 feet; 5. S 13400'46" W, a distance 27.50 feet; 6. S,00'39'21" W, a distance 22.50 feet; E 7. S 84'41'49"W, a distance 25.00 feet; 8. S 21114857"W,a distance 96.52 feet; 9. S 001010"00"' E (SOUTH),a distance of 1786.38 feet to the POINT OF BEGINNING. Packet Pg. 2967 TOGETHER WIT14: Parcel 4: Non-Exclusive ingress, egress,, and utility casements as set forth in Non-Exclusive Ingress and Egress 0 U) Easement Agreement recorded April 25,2017 in Official Records Book 2850,Page 1639, as amended by First Amendment to Non-Exclusive ingress and Egress Easement Agreement dated July 17, 2018, recorded July 18, 2018, in Official Records Book 2917, Page '93 7, all in the Public Records of Monroe County,Florida,over the following described lands: COMMENCING at the Northeast comer of Lot 1,COPPITT EXTENSION,according to the plat thereof, 0 as recorded in Plat Book 5,Page 21, of the Public Records of Monroe County,Florida,with said Point of U) Commencement being S 00'13'10" W, 25.00 feet from the Northeast comer of Government Lot 2 of Section 21jownship 67 South,Range 26 East;thence N 89'46'50"W along the South right-ofwway of F Avenue as shown on said plat, 135,00 feet to a point of intersection with the West rigbt-of-way of Barcelona Drive as shown on the plat BAY VIEW PARK, as recorded in Plat Book 5, Page 106 of the .2 said Public Records; thence N 009310" E, along said West right-of4ay, 71.78 feet to the Point of Be Wing (said point also being 46.78 feet North of the North right-of-way of said F Avenue); thence IL C14 along the centerline of a proposed 30 feet wide Access Easement being 15 feet on each side of the 4- 0 following described centerline; N 35'09`10" W, a distance of 182.81 feet to a tangent curve concave to the Southwest;thence Northwesterly along the are,of said curve having a radius of 354.52 feet, a central U) angle of 40'35'27" and an arc length of 251.16 feet to the point on a reverse curve concave to the CL Northeast;thence Northwesterly along the arc of said curve having a.radius of 256.22 feet, a central angle of 24'55'23" and an arc length ofI 11.45 feet to the point on a reverse curve concave to the Southwest; U) thence Northwesterly along the arc of said curve having a radius of 236.25 feet; central angle of 43*2042" and an are length of 178.73 feet to the point on a reverse Curve concave to the Northeast; thence Northwesterly along the arc of said curve having a radius of 79.22 feet, a central angle of 44'36'43"and an arc length of 61.68 feet to the point oil a reverse curve concave to the Southwest;thence Northwesterly along the arc of said curve having a radius of 117'.16 feet,a central angle of 40030'49" and 06 CL an arc length of 82.84 feet to a tangent line-,thence N 87'5642" W along said tangent line,47.36 feet to a M tangent curve concave to the North-, thence Westerly along the arc of said curve having a radius of E 1.086.19 feet, a central angle of 03"27'19" and an arc len of 65.51 feet to a tangent line; thence N r_ gth .0 84'29'22"' W along said tangent line, 79.68 feet; thence N 0001310" E, 91.53 feet to the Point of Termination. The sidelines of the above described Access Easement to be extended or shortened to meet at angle U) X points; form concentric arcs offset from the centerline; begin at the West right-of-way line of said W Barcelona Drive and to terminate at the South line of lands described in Exhibit"A",recorded in Official Records Book 1884,Page 1226,of the Public Records of Monroe County,Florida. Said lands lying and being in Section 21, Township �67 South, Range 26 East, Big Coppitt Key, Monroe County,Florida. 0 1 U) E Packet Pg. 2968 (e9jV esneU ueejE)jol s6upB8H 3ilqnd Z 10 IsO SI OZ-ejnqMiq SPI81jumOJ8 d3(3j :jUqW43qjv (n Ci CL 5 0 'o -Mw n, 0 R CL 0 R M 00 M V� 00 to 'o ........... r C, 60 m-0 Su -0 -u u > u 0 w t C, c, .4 _ cl u u 72 'o 'o u u rr C) 0 o Pac, 2 o c' 0 'n u 75 'u -g -g u g� 0 0'd 0 � u-M u v - a r r �u 0 0 m m m E - 0 C) 72 > 0 0 0 0 E"-0 A 0 U P 0 r fd Fir I © oc a 4 III w 01 11111111T, 71 V . ........... CA a M-2 90 dy, f CN is J, 2 7 t ........... 11111T E 72 71 10 ......... ........... .......... 0 to C) 0 ow G b v 'o C) 0 Tr 0 r r,, m 0 ro 0 E, w. 2 2 E c4 2 -,1:; mr W. ..........................................................."I j (eaag esneU ueejE)ao;s6ulae8W 3Ilgnd Z;®bsL) �LOZ aany�oa s l�l;u�oa d3CJ� :bu�uay�e;bb o j r II �j cc iO IIIIIIIIII IIIIIIIIIII M o N o P4 .o c 5 , v a72yy zt r 72 0 .ti o w o123� �r 14 0 Vc ro ... ... ro O C4 -a a, d � W a a � Ir � pia, ", o w a 3 , a ° �lir1 ,., C on a a en v N q c4 c4 V � � • • fl'�rr'�i�`da i � ii r�mm� Sri immm � �-%