Item O09 0.9
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2
�p.° Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
January 22, 2020
Agenda Item Number: 0.9
Agenda Item Summary #6305
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: Second of two required public hearings 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 II, Ltd
(the "Applicants").
Rackland'Niey
n<tlille Marker 8
ON20940-006302
00120910-O OG
l�ara!q yN
00120940 Cd'U,02b1 -----------
This public hearing is the second 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
Quarry's redevelopment efforts. Open burning of vegetative debris is associated with the generation
Packet Pg. 2696
0.9
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. 2697
0.9
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
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. 2698
0.9
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'itaatiarr
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.
• On November 20, 2019, the BOCC considered the proposed resolution during the first of two
required hearings to designate the subject property 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.
DOCUMENTATION:
BOCC_SR_12.11.19
Ex. 1 to Staff Report - Request for Designation of Property
Reso_Draft with Exs A location map & B legal descrip
FDEP Brownfields Brochure 2018
Packet Pg. 2699
0.9
FINANCIAL IMPACT:
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: N/A
Additional Details:
NA
REVIEWED BY:
Emily Schemper Completed 11/21/2019 9:18 AM
Assistant County Administrator Christine Hurley Skipped
11/21/2019 9:17 AM
Steve Williams Completed 11/21/2019 2:35 PM
Maureen Proffitt Completed 11/22/2019 4:20 PM
Christine Hurley Completed 11/22/2019 8:09 AM
Budget and Finance Completed 11/22/2019 8:19 AM
Maria Slavik Completed 11/22/2019 9:14 AM
Kathy Peters Completed 11/22/2019 9:18 AM
Board of County Commissioners Completed 12/11/2019 9:00 AM
Packet Pg. 2700
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
10
11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental
as
12 Resources
13
14 From: Cheryl Cioffari, AICP, Assistant Director of Planning
15
16 Date: November 20, 2019
17
18 Subject: Second of two required public hearings to adopt a Resolution to designate an area located CY
19 at 10 Betty Rose Drive, Big Coppitt Key,locally known as the Quarry, as a Green Reuse 0
20 Area pursuant to the Brownfields Redevelopment Act, Florida Statutes 376.80.
21
22
23 Meeting: December 11, 2019
24 CL
25
26 I. REQUEST
27
..............................................................................................................................................................................................................................................
28 On July 24, 2019, the Planning and Environmental Resources
Rockland NCey .2
29 Department received a Request for Designation for a Green e mnarkar .4
30 Reuse Area pursuant to Section 376.80(2), Florida Statutes,
31 of Florida's Brownfields Redevelopment Act, from Michael
32 Goldstein of The Goldstein Environmental Law Firm,P.A. on 0012W40-006302
33 behalf of Quarry Big Coppitt Ltd. and Quarry Big Coppitt II 00 1 09�o 000,100 „ ;X 04
34 Ltd (the "Applicants").
r �I
35 00120940-000201 $-
36 This public hearing is the first of two required public hearings
37 on the item. 0
38 "
39 IL BACKGROUND INFORMATION
40 3
41 The Applicants state:
42 "Quarry is applying for this designation due to the material perception of contamination on the
43 Subject Property resulting from open burning conducted on the property and the use of infill
44 materials to create the upland area of the Subject Property that has significantly complicated
45 Quarry's redevelopment efforts. Open burning of vegetative debris is associated with the
46 generation of contaminants, such as dioxin, due to the possibility that foreign objects an household
47 waste are intermixed with the disposed vegetation. This is even more likely in an area like the
BOCC SR 12.11.19 Page 1 of 4
File 2019-207
Packet Pg. 2701
0.9.a
I Florida Keys where debris from past tropical storms is often trapped in thick coastal vegetation.
2 Further, the use of infill materials to create upland areas of the Subject Property several decades
3 ago raises the risk that improper solid waste and contaminated media may be discovered as
4 redevelopment continues. As such, Quarry is lacking assurance that it will not incur significant
5 costs related to the implementation of both planned and unanticipated engineering measures, as
6 well as significant environmental consulting and legal costs if contamination is discovered on the
7 Subject Property during redevelopment.
8 This perception of contamination on the Subject Property has increased Quarry's exposure to
9 environmental, construction, health, legal, and regulatory liability risk with respect to the Subject
10 Property; has complicated redevelopment efforts; and, if actual contamination is discovered as
11 redevelopment continues,will require significant time and money for environmental, engineering, U)
12 and legal consultants to properly investigate and address. Accordingly,this designation,if granted,
13 will allow Quarry to access limited but important state-based economic incentives to help
14 underwrite the otherwise unbudgeted costs associated with managing the environmental risk as 2
15 well as, generally, to put the Development on a more certain financial ground. In this sense, the
16 designation will not only play a critical role in the successful redevelopment of the Subject
17 Property, but also in the larger revitalization efforts for Monroe County."
18 0
19 The Applicants' full explanation and justification for the proposed request is attached.
20
21 Previous BOCC Action
22 • On September 27, 2017, the BOCC adopted Resolution 212-2017 reserving 104 affordable c�
23 housing allocation awards consisting of One (1) Very Low, Fifty-One (51) Low, Twenty (20)
24 Median, and Thirty-Two (32) Moderate Income affordable ROGO allocations
25 [1+51+20+32=104] for a parcel of land in Section 21, Township 67 South, Range 26 East, Big
26 Coppitt Key, Monroe County, Florida, Having Real Estate Numbers 00120940-000100,
27 00120940-000201, and 00120940-000302, until July 1, 2018.
28 • On January 17, 2018, the BOCC adopted Resolution 025A-2018, approving a development A
29 agreement between Monroe County and Quarry Partners, LLC related to the proposed 0
30 development of 208 attached affordable housing dwelling units on the subject property.
31 • February 2018, the BOCC ratified the adoption of the Development Agreement for the subject
32 Property.
33 • On October 16,2019,the BOCC gave approval to advertise a public hearing to adopt a Resolution
34 to designate an area located at 10 Betty Rose Drive, Big Coppitt Key, locally known as the
35 Quarry, as a Green Reuse Area pursuant to the Brownfields Redevelopment Act, consistent with
36 Florida Statutes 376.80.
37 • On November 20, 2019, the BOCC considered the proposed resolution during the first of two
E
38 required hearings to designate the subject property as a Green Reuse Area pursuant to the
39 Brownfields Redevelopment Act, consistent with Florida Statutes 376.80.
40
41 III. ANALYSIS OF PROPOSED REQUEST
42
43 In considering a request for a brownfield designation, the local government must evaluation and
44 apply the criteria set forth in section 376.80(2)(c), Florida Statutes.
BOCC SR 12.11.19 Page 2 of 4
File 2019-207
Packet Pg. 2702
0.9.a
I Brownfield area designation proposed by persons other than a governmental entity.—For
2 designation of a brownfield area that is proposed by a person other than the local government,
3 the local government with jurisdiction over the proposed brownfield area shall provide notice
4 and adopt a resolution to designate the brownfield area pursuant to paragraph(1)(c)if, at the
5 public hearing to adopt the resolution, the person establishes all of the following:
6 1. A person who owns or controls a potential brownfield site is requesting the designation
7 and has agreed to rehabilitate and redevelop the brownfield site.
8
9 The brownfield area designation was requested by Michael Goldstein of The Goldstein
10 Environmental Law Firm,P.A. on behalf of Quarry Big Coppitt,Ltd. and Quarry Big Coppitt 11, Ltd.
11 (the "Property Owners"). Additionally, the Property Owners have secured approval of a
12 Development Agreement for the development of 208 attached residential dwelling units designated
13 as affordable housing through BOCC Resolution 025A-2018.
14
15 2. The rehabilitation and redevelopment of the proposed brownfield site will result in 2
16 economic productivity of the area, along with the creation of at least 5 new permanent jobs at
17 the brownfield site that are full-time equivalent positions not associated with the
18 implementation of the brownfield site rehabilitation agreement and that are not associated a
19 with redevelopment project demolition or construction activities pursuant to the 0
20 redevelopment of the proposed brownfield site or area.However,the job creation requirement
21 does not apply to the rehabilitation and redevelopment of a brownfield site that will provide
22 affordable housing as defined in s. 420.0004 or the creation of recreational areas, conservation
23 areas, or parks. 2
24
25 The Applicants have secured approval of a Development Agreement for the development of 208
26 attached residential dwelling units designated as affordable housing through BOCC Resolution
27 025A-2018.
28
29 3. The redevelopment of the proposed brownfield site is consistent with the local .2
30 comprehensive plan and is a permittable use under the applicable local land development
31 regulations.
32
33 The Property received Major Conditional Use approval for development of 208 dwelling units of
34 affordable housing through Planning Commission Resolution P05-18. Additionally, the Property
35 Owners have secured approval of a Development Agreement for the development of 208 attached
36 residential dwelling units designated as affordable housing through BOCC Resolution 025A-2018.
37 U
38 4. Notice of the proposed rehabilitation of the brownfield area has been provided to
39 neighbors and nearby residents of the proposed area to be designated pursuant to paragraph
40 (1)(c),and the person proposing the area for designation has afforded to those receiving notice E
41 the opportunity for comments and suggestions about rehabilitation. Notice pursuant to this
42 subparagraph must be posted in the affected area.
43
44 Notice of the proposed designation will be provided in accordance with section 125.66(4)(b),Florida
45 Statutes.
46
BOCC SR 12.11.19 Page 3 of 4
File 2019-207
Packet Pg. 2703
0.9.a
1 5. The person proposing the area for designation has provided reasonable assurance that he
2 or she has sufficient financial resources to implement and complete the rehabilitation
3 agreement and redevelopment of the brownfield site.
4
5 The Applicants have provided Sources and Use Schedule, BB&T Mortgage Agreement for Phase 1
6 of the Development, and BB&T Mortgage Agreement for Phase 2.
7
8 The Applicant provided the following statement:
The total raa ital brad&t of appmxi 14$68.1 rraillairnfir the Dereb "yjrnded throm com r r a n z rod
debt. . c mli, Pl e I,qf Jhff DeWopmoaxill,befimided b
y a$19 million mortgqgv$44, ,07fivna. 'aavraae Gxaar y;S14
ailliaao in e oia i;and ra 21 tr dlirrra defu d depelqfierfiee. pl.. ate H aoj•the Developrrrt will b°j nded ax 234 viiir•ora
U)
, aatre,, 506s ' w� rx aarr: ao;•F.9.4 million in egtaz°Ev;W and '.3.3 ai11a" n a ward alaaeb; r.fee.e
IN w ci a r, � ',a, aindpa, V stcor Companies, hva ("Vesimr')tkraugb its various x opwmi q)Pilves,, baxan exlenshe
hurh reaxrrd .a weir iia finatiring, larrildit and managing major aftrdabk, xorkftm, and radar° et-raate r,ideratiaal
cammvnitier, i' uwr ika deWopd arr aaa'graired in e;%,esr of 14,4 ,mu#iama•4 rrrrifs, aorr.ri.aira�;qf retaru��ae t�afordwable, laa: atr °
aarrd ae°udeaat apartmext mmmixmdex. The flea•tawr team bw° the experien to -r acerrfiloh aaaara lela all ph ru of a mil�eawe,
investment,swim initial tuna pt thromgh long-teams rrrcanat trrerrt off"tiae aassa Thij pmpe# hirtar of leaeragih a•rrreft 2*15 aher
rapilaal xaAr w, an i°mpns•iaw frwk mord,of stamxxa, and as ttgy q1'l.�a la + zq�oie=ad and aephi•rfiwa depekpnnt ofeaah
rrrsfit tr rmsonarble Lunurance that va?7 has Srffidg a* aral;d l nuo0trea' to ip rvpio eor aagd c raplete t1m a ha aita "an
9 ame eras and rede elopmeniplaa . a%,or hga,, rt.aataifies tl,&fifih ar e"laa.rt aimion,
10 �
11 STAFF RECOMMENDATION
12 2
13 Staff recommends approval of the proposed Resolution.
14
15 IV. EXHIBITS
16
17 1. Request to designate property as Green Reuse Area dated 7/24/2019
T
i
i
BOCC SR 12.11.19 Page 4 of 4
File 2019-207
Packet Pg. 2704
O.9.c
1
4 i
d
6
7
NItOIE COUNTY,NTY, FLORIDA
BOARD F COUNTY COMMISSIONERS
�
10 RESOLUTION
1''2
1
14 A RESOLUTION BY THE MONO E COUNTY BCIA. D O1F
16 COUNTY COMMISSIONERS, MAKING CERTAIN FINDINGS
16 AND DESIGNATINGTHE E PROPERTY LOCATED AT 10 BETTY �
17 ROSE DRIVE, BIG CCIIEEITIT KEY,, `IT PARCEL ID NO. 2
18 0 QO� AND 40 ,
10 LOCALLY KNOWN AS THE QUARRY, PURSUANT TO SECTIC '20 376.80, FLORIDA STATUTES, FLORIDA'S II' O I FIEL
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
26 DEPARTMENT OF ENVIRONMENTAL PROTECTION OTEC;°TIO OF SAID �
2'6 DESIGNATION; PROVIDING FOR IMPLEMENTATION; AND
27 PROVIDING FOR AN EFFECTIVE DATE. 06
26
20
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 remediationg
2 sustainable land redevelopment and./oar reuse, and economic revitalization; and
33 WHEREAS,EAS, the Quarry Big C;oppitt LTD and Quarry Big Coppitt 11, LTD (the "Property �
U)
4 Owners") own property commonly known as The Quarry Development, located at 10 Betty Rose
5 Drive, Bag Coppitt Key, identified by Parcel Ili Nos. 00120940-000201, 00120940-000100, and
6 001.20940-000302 (hereinafter the "Subject Property"), as shown in the attached Exhibit "A," and
57 more particularly described in the legal description as shown in the attached Exhibit "E" both of
EC~ Res -20119 Page 1 of
Pile 2019-207
Packet Pg. 2705
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
U)
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
a
7 reviewed the relevant procedures that apply effectuating this designation, as specified in Section I-
0
4-
cm
8 376.80, Florida Statutes, and find the Property Owners in compliance with the statutory
9 requirements; and Z:
.2
10 WHEREAS, proper notice of the designation of the proposed Green Reuse Area has been
11 provided in accordance with Section 376.80(l)(c) and Section 166,041(3)(c)2, Florida Statutes;
12 and U)
13 WHEREAS, the BOCC have made certain findings with regard to the Subject Property
14 that are further specified herein; and 06
15 WHEREAS, the BOCC have determined that the proposed Green Reuse Area designation E
16, on the Subject Property is in the best interest of the Property Owners, and advantageous to the
17 public health, safety and welfare; and U)
x
W
18 WHEREAS, the B4OCC desires to notify the Florida Department of EDvirODmental
19 Protection of its resolution designating the Subject Property as the "The Quarry Development -
0
20 Green Reuse Area" to further its rehabilitation and redevelopment for the purposes enunciated U)
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. 2706
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
U)
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
a
7 1 The proposed Green Reuse Area represents a reasonably focused approach and is I-
0
4-
8 not overly large in geographic coverage;
9 3. The proposed Green Reuse Area has is consistent with the County's Z:
.2
10 Comprehensive Plan and Land Development Code. a.
11 Section 3,PropLrty Designation. The area depicted on Exhibit "A" and legally described
12 on Exhibit "B," attached hereto and incorporated herein by reference, is hereby designate the as U)
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,
15 Section 4. Authorization to Count Clerk, The Clerk is hereby authorized to notify the E
16 Florida Department of Environmental Protection of the Board's Resolution designating the Subject
.2
17 Property as the "The Quarry Development - Green Reuse Area" for purposes of Sections 376.77 U)
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. 2707
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
4, Mayor Sylvia Murphy
5 Mayor Pro Teni Danny L. Kolhage
6 Commissioner Heather Carruthers
7 Commissioner Michelle Coldiron 2
8 Commissioner David Rice
9
10 BOARD OF COUNTY COMMISSIONERS
a
11 OF MONROE COUNTY, FLORIDA I-
0
12
13 BY
14 MAYOR SYLVIA MURPHY
15 (SEAL)
16
17 ATTEST: K-EVIN MADOK, CLERK
18
19
20
21 DEPUTY CLERK U)
22
MON ROE COUNTY A NEY
N
APP�'k! ED AS TO
N LIA 06
A1'0'2. ZfPiiil COUNT ATTORNEY
6�
E
U)
x
w
0
U)
E
BOLO"C Res -2019 Page 4 of 4
File 2019-207
Packet Pg. 2708
O.9.c
Exhibit
Rockland Key
Mile rr
. ............
00
fl `
1 - 2
� ..... IL
001209,40-00,0201
06
1 �
CL
�»
c
I ... w
3
I
Packet Pg. 2709
Exhibit B
PropejV Description
U)
Parcel 1:
Land Description:
Phase 1:
A portion of Section 21, Township 67 South, Range 26 East, Big Copput Key, Monroe County,Florida,
described as follows: a
0
BEGIN at the Southwest comer of Block 9 of GULF REST PARK PLAT No. 2, according to the pilat cm
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
(NORTH), 1355.31 feet; thence N 89158'04" E, 300.00 feet to the West line of said Block 9; thence S
00"00'00"W(SOUTH)along said West line of Block 9, a distance of 965.48 feet to the Southwest comer .2
of said Block 9 and the POINT OF BEGINNING.
IL
TOGETHER WITH
Parcel 2:
U)
0
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
A parcel of land lying adjacent to the lands described in T,I,I,F, Deed #24002 on the Gulf of Mexico in 0.
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 r_
Government Lot 1, Section 21, Township 67 South, Range 26 East on Big Co Pitt Key,Monroe County, .2
Florida described as follows:
COMMENCE at the southwest comer of Block 9 of"GULFREST PARK, Plat No. 2" according to the
U)
plat thereof as recorded in Plat Book 4 at Page 157 of the Public Records of Monroe County,Florida and X
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
less, to a point on the Waterw 0ard 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,
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 E
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. 2710
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
0
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
U)
as of July 1, 1975;thence S 29'03"59"E and leaving the said Waterward boundary line as,of July 1, 1975
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)
a
A parcel of land being a part of Government Lot 1,Section 21,Township 67 South,Range 26 East on Big 0
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
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 .2
feet to the POINT OF BEGINNING; thence N 89'48'47" W, 300.00 feet; thence N 00'13'10" E, 711.82
feet to the north line of the Trustees of the Internal Improvement Trust Fund ('T.I.I.T.F.) Deed Number (L
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 cm
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, 26.6 2
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 co
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; 91
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; M
E
thence N 85'48'46" E, 4&07 feet; thence S 89"00'58" E, 37.89 feet; thence S 74'00'33" E, 20.67 feet; r_
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; .2
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)
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; X
thence N 87'43'55" E, 100.88 feet, thence N 79'34'18" E, 60,39 feet; thence S 3 0'05'11" E, 16-62 feet; w
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
west line of said Block 9 and its northerly extension, a distance of 711.615 feet to the POINT OF 0
U)
BEGINNING.
Said lands lying and being in Government Lot 1, Section 2 1, Township 67 South, Range 26 East on Big
Coppitt Key,Monroe County,Florida. E
Packet Pg. 2711
TOGETHER WITH:
Parcel 3:
Non-Exclusive Ingress and Egress Easement Agreement between Rockland Operations, LLC, The U)
Dickerson Group, Inc. to QuarryLC Partners, L 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:
a
COMMENCE at the Southwest coiner of ROCKLAND VILLAGE, according to the plat thereof, as I-
0
recorded in Plat Book 4,Page 133,of the Public Records of Monroe County,Florida; thence N 00'00'00" 4-
W (NORTH)along the West line of said ROCKLAND VILLAGE,also being the West right-of-way line lm
of Second Street as shown on said Plat, distance of 29.30 feet to the most Southeast comer of said Access
Easement and the POINT OF BEGINNING; thence N 90'00"00" W. (WEST) along a line being 29.30
feet North of and parallel with the Westerly extension of the South line of said Plat, a distance of 50.00 .2
feet to a point on the West line of said Access Easement; thence N 00'00'00" W (NORTH.) along a line .0
being 50,00, feet West of and parallel with the West line of said Plat and said West right-of-way line of IL
Second Street as shown on said Plat,said line also being the West line of said Access Easement a distance
of 1796.02 feet; El�
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; .2
4,N 09'01'20"E,a distance 158.79 feet; co
5,N 0:4'05'19"W,a distance 103.67 feet; 06
CL
6. N 38'5342"E,a distance:58.,13 feet; M
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 0
(EAST) along said South line a distance 30.00 feet; thence S 00'00`00" W (SOUTH) a distance 107.98 <
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 U)
X
a point of intersection with the East line of said Access Easement; W
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"E,a distance 89.67 feet; 0
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. 2712
TOGETHER WIT14:
Parcel 4:
Non-Exclusive ingress, egress,, and utility casements as set forth in Non-Exclusive Ingress and Egress U)
Easement Agreement recorded April 25,2017 in Official Records Book 2850,Page 1639, as amended by 0
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,
as recorded in Plat Book 5,Page 21, of the Public Records of Monroe County,Florida,with said Point of a
Commencement being S 00'13'10" W, 25.00 feet from the Northeast comer of Government Lot 2 of 0
Section 21jownship 67 South,Range 26 East;thence N 89'46'50"W along the South right-ofwway of F cm
Avenue as shown on said plat, 135,00 feet to a point of intersection with the West rigbt-of-way of S
Barcelona Drive as shown on the plat BAY VIEW PARK, as recorded in Plat Book 5, Page 106 of the
said Public Records; thence N 009310" E, along said West right-of4ay, 71.78 feet to the Point of
Be ring (said point also being 46.78 feet North of the North right-of-way of said F Avenue); thence .2
along the centerline of a proposed 30 feet wide Access Easement being 15 feet on each side of the .0
following described centerline; N 35'09`10" W, a distance of 182.81 feet to a tangent curve concave to IL
the Southwest;thence Northwesterly along the are,of said curve having a radius of 354.52 feet, a central
angle of 40'35'27" and an arc length of 251.16 feet to the point on a reverse curve concave to the
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 alongthe arc of said curve having a radius of 117'.16 feet,a central angle of 40030'49" and.
06
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 CL
tangent curve concave to the North-, thence Westerly along the arc of said curve having a radius of M
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 E
gth r_
84'29'22"' W along said tangent line, 79.68 feet; thence N 0001310" E, 91.53 feet to the Point of .2
Termination.
The sidelines of the above described Access Easement to be extended or shortened to meet at angle
U)
points; form concentric arcs offset from the centerline; begin at the West right-of-way line of said X
Barcelona Drive and to terminate at the South line of lands described in Exhibit"A",recorded in Official W
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
U)
E
Packet Pg. 2713
(ee.iV asnab uaaaE)Aijent)JO;BuIJeaH 011gnd puZ) 9L0Z 9.imp ig splal;umOJS d34d .juawyOejjV r—
LO
O u
c o
a> v • w o d
w . o = =. M -o m oL L— GYmf
o � o
[ o
CL
22 � °' a � � °' a tda� .�• o� won ���q�� ':- v A
N a ' o o
a y w a ? o n ~ ? a M w
ono '
P,C E� � °' o-o cn V � a ro d ���`�, g � .qw �' � � �-� o • ao�
y !V�
C F ° c, .4 v x
p O o V w Q G d o
°Cy o C
[~ p v o o o �,.0 .".7 .�. ctl O F^ � G ro a°J. W
ro v o V1 V1.T+ O N .: 7 ~� v Q', (�
° o o .ono d d o d tia > op o�a� o o uw • v�
c;
�c-c c • ca ;'G
d 4 o o d O O� O o� .7 ro� o nw F4w .� �JJ ro ro ♦ o
f0 V
00~ � � � a ° • Q'� ate. p C m�
y o,S rnQ � • bp'=' v m���
-c
.a Z ZAP cn� Vag cn '� CAA'
Few a a�ac�
to to r;
[ � I
o n.
v x a
o 72
v 2 on o 2 o a !15
y [ �� L o 3 '
• o o n 9 end
G Fz
o ono
o
u J w a og 4
o o 0 o d C)
II. o 7:
ti
' IIIII �
(eoxV asnab uaaaE)Aaaent)ao;6uiaeOH oilgnd puZ) 9�OZ wmpoa8 splai;umOJS d343:;uauayoellV co
LO
0 W Y
V
u
o a a ot
O
> e to cd V �� "�
pees
F d 02 C o u ��
Y
_ Q z
p gg
A F LL +�
W 11
o
J -�j der°> �"• , ���..�
�,�` •:
`l
o o
u o l.i, r
+u rr
+u
a o q U s ti rF a o Q
72
O� o ti o ti o o 0 0 z o 0
o a .o a Ao c v a o d
U ego 0
!a . O�
t t E
'k
z
: ro t� h y h o bo S S c c: o 0
ro V d !
m c4
72
10
lk
0� 12
n q o o o �a
L �
o o 0 aone
a �
0
gcaa '� ah CS' UD
tin[ V ' v
CJ-a V v o o o w o
GO q c4 c4A
,.I R