Item P1
Q/2
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor Heather Carruthers, District 3
Mayor Pro Tem Michelle Coldiron, District 2
TheFloridaKeys
Craig Cates, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
February 19, 2020
Agenda Item Number: P.1
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
Environmental Law Firm, P.A. on behalf of Quarry Big Coppitt, Ltd. and Quarry Big Coppitt II, Ltd
This public hearing is the second of two required public hearings on the item.
The Applicant states:
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
ebris is associated with the generation
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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
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
project.
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.
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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.
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:
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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
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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
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1
2
3
4
5 MEMORANDUM
6 M ONROE C OUNTY P LANNING & E NVIRONMENTAL R ESOURCES D EPARTMENT
7 !
8
9 To: Monroe County Board of County Commissioners
10
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
16 Date: November 20, 2019
17
18 Subject: Second of two required public hearings 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
20 Area pursuant to the Brownfields Redevelopment Act, Florida Statutes 376.80.
21
22 !
23 Meeting: December 11, 2019
24
25
26 I.!REQUEST
27
28 On July 24, 2019, the Planning and Environmental Resources
29 Department received a Request for Designation for a Green
30 Reuse Area pursuant to Section 376.80(2), Florida Statutes,
31
32 Goldstein of The Goldstein Environmental Law Firm, P.A. on
33 behalf of Quarry Big Coppitt, Ltd. and Quarry Big Coppitt II,
34 Applicants
35
36 This public hearing is the first of two required public hearings
37 on the item.
38
39 II.!BACKGROUND INFORMATION
40
41 The Applicants state:
42 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 ning 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
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1 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,
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
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 Monro
18
19 The Applicant 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
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
29 agreement between Monroe County and Quarry Partners, LLC related to the proposed
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
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.
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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
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1 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 II, Ltd.
11 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
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
19 with redevelopment project demolition or construction activities pursuant to the
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.
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
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
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
41 the opportunity for comments and suggestions about rehabilitation. Notice pursuant to this
42 subparagraph must be posted in the affected area.
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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
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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:
9
10
11 STAFF RECOMMENDATION
12
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
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BOCC SR 12.11.19 Page 4 of 4
File 2019-207
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