โI Feel Very Strongly That This Board Let This Neighborhood Down.โ โ Hillsborough Commissioner Ken Haganย
On June 9, chief assistant Hillsborough County attorney Cameron Clark explains the need for the โconstrained remandโ by the Board of County Commissioners, as โSave Pebble Creekโ supporters hold up โRemandโ signs. (Photo is a screenshot from the BOCCโs June 9 Land Development Hearing on YouTube)ย
The group calling itself โSave Pebble Creekโ has very few opportunities left to try to, as they see it, save their neighborhood. The Hillsborough County Board of County Commissioners (BOCC) voted 5-1 on June 9 to โremandโ the proposed GL Homes project โ the home builder has been trying for year to purchase the 149 acres of the Pebble Creek Golf Clubโs golf course (which closed in July 2021) and build 250 single-family homes on the property โ back to the Zoning Hearing Master (ZHM) on Monday, July 20, 6 p.m., but for a very limited, constrained purpose.ย
Just for clarification, a โremandโ in a land development or zoning context โoccurs when a higher authority (like a court or appellate board, in this case, the 2nd District Court of Appeals) sends a project application or dispute back to a lower authority (like a local planning commission or, in this case, the BOCC) for further review, additional findings, or reconsideration.โ
Chief assistant county attorney Cameron Clark (photo) told the Board that the only part of the case that could be remanded was to add an โex parteโ communication (Note – An โex parteโ communication in land development is any โone-sidedโ communication between a project applicant, supporter or opponent and a decision-making board member outside of a public hearing) by Ace Golf and still-Pebble Creek Golf Clubย owner Bill Place to District 5 County Commissioner Donna Cameron Cepeda.ย
In his email to Comm. Cepeda dated Apr. 7, Place wrote, โI believe the GL [Homes] project offers the best possible solution for residents and we have worked with them every step of the way,โ which will need to be included in the official record of the project.
And, while the remand will not include the last line of Placeโs email (but it is a matter of public record), it said, โI did not want to make the offer before your position was taken on this (not that it would have influenced), but I would be quite happy to support your re-election.โ
After Clark explained to the commissioners exactly what the BOCC could and couldnโt remand, Dist. 7 Comm. Joshua Wostal moved to remand Placeโs ex-parte communication issue to the Zoning Hearing Master at the BOCCโs zoning hearing on July 20.
After the motion was seconded by Dist. 1 Comm. Harry Cohen, Board Chair & Dist. 2 Comm. Ken Hagan explained to the Save Pebble Creek supporters (who held up โRemandโ signs behind Clark as he spoke) in attendance that no public comments could be made at that meeting.
Prior to the vote, Comm. Hagan asked Clark, โDo you see any avenue or opportunity to broaden that remand at this time?โ
Clark responded, โI would say thatโs very difficult. Itโs not impossible but all the issues that have already been discussed in this case…the evidence thatโs been submitted…that the Board discussed in its denial and that were discussed by the court…essentially, those are closed issues at this point. So, new evidence on, say, the desirability of maintaining open space, things of that nature, would not be helpful at this point because, essentially, itโs already been determined that those issues were resolved by the court.โ
Hagan then said, โIโm just going to say, having represented Pebble Creek for 24 years…I feel very strongly that this Board let this neighborhood down. Unfortunately, that ship has sailed and the county attorney has made it very clear what our options are [now].โ
Dist. 6 Comm. Chris Boles then asked Clark, โWhen this comes back before us, after the July 20 [ZHM] hearing, will there be an opportunity for public comment at that time, and will it be limited only to what happened at that hearing? Would you expound upon that?โ
Clark responded, โSo, just as the ability to comment at the July 20 ZHM hearing is going to be limited โ and I believe this comes back to [the BOCC] Land Use in September โ there will be a new oral argument opportunity but it would be limited to that issue only because everything else thatโs [already] in the record is going to be the same as it was in July 2023, and thereโs already been oral arguments on all of those issues.โ
The commissioners then voted 5-1 (Dist. 4 Comm. Christine Miller was absent) in favor of the remand, with Comm. Hagan casting the lone dissenting vote.
Save Pebble Creek founder Leslie Green released this statement after the BOCCโs vote:
โIt is unfortunate that after the BOCC voted against the rezoning application, its decision-making authority was ultimately limited by a court ruling that prevented the Board from relying on its original reasons for denial, including consistency with the Comprehensive Plan.
โI believe that if the County had pursued one additional appeal, the BOCCโs denial would have been upheld, and this matter could have been resolved much sooner. We were hoping for a much broader remand that would have allowed consideration of the soil contamination issues and an update to the 2022 traffic study. I fear living here during the soil cleanup.โ
The History Of The Caseย
As Clark explained prior to the vote, the BOCC first denied the GL Homes rezoning application in July of 2023: โThe developer appealed that denial to circuit court, where the applicant prevailed,โ Clark said. โThe county then appealed that ruling to the appellate court, where the county prevailed. It was sent back to the circuit court, where the circuit judge essentially โfixedโ his order and once again quashed the Boardโs denial from July of โ23, which effectively rewinds this application back to [that date]. The effect of the court order is to place significant restraint on the Boardโs action.โ We will update this story after the July 20 ZHM hearing.
ย Judge โQuashesโ County Commissionโs Decision To Prevent Rezoning Of The Golf Course. So, Whatโs Next?ย
Long-time Pebble Creek resident Leslie Green, who started the โSave Pebble Creekโ organization, says her only motivation is to preserve the natural beauty of her community. Green is waiting to see what happens next in the attempt to rezone the Pebble Creek golf course.
Long-time Pebble Creek resident Leslie Green is still in limbo, but itโs nothing new for the founder of โSave Pebble Creek,โ the organization she started two years ago in an effort to prevent Pebble Creek Golf Club owner Bill Place and his Ace Golf from rezoning the golf course land to allow for further residential development.
Development company GL Homes had attempted to rezone the 149-acre golf course property in order to build 250 single-family homes. At that time, Green and her Save Pebble Creek group began holding community meetings and distributing petitions asking the community to oppose Placeโs plan to sell the golf course to GL Homes. And, although there were some members of the community who supported the idea of redeveloping the shuttered golf course, the campaign resulted in a flurry of emails to Hillsborough County Commission Chair and District 2 Commissioner Ken Hagan.
Place then sued Green for defaming his character and for interfering with his attempts to find a developer. She filed a countersuit in May 2022, but then sought to have Placeโs suit dismissed under Floridaโs Anti-SLAPP (Strategic Lawsuit Against Public Participation) statute. A little more than two years later, that case still has not been decided.
In July of 2023, GL Homesโ attempt to rezone the golf course property was denied 5-2 by the Hillsborough County Board of County Commissioners (BOCC), after Hagan said he had received 1,800 letters from residents of the community, the vast majority of which were in opposition to the rezoning.
Green, whose home has faced the golf course for more than 30 years, applauded Haganโs efforts to preserve the beauty of her community. Hagan said at the time that Place only had a couple of options going forward:
โHe can come up with another developer with a different plan that might be more acceptable to the residents,โ Comm. Hagan said after the July 17 meeting. โWeโve also discussed the possibility of the county purchasing the golf club to convert it to a county-owned course, but he (Place) would have to come down in price a lot for us to be interested.โ
Green also suggested that Place mightโve been waiting for this yearโs elections, when three of the seven Commission seats are up for grabs, in the hopes that perhaps the new commissioners might look more favorably upon the rezoning proposal.
But, GL Homes found another option. In October of last year, the home builder appealed the county commissionโs denial of the rezoning request to Hillsborough County Circuit Judge Paul Huey.ย
At the June 10 Town Hall meeting hosted by County Commissioner Ken Hagan, Leslie Green thanked Hagan for his efforts to prevent the rezoning of the Pebble Creek golf course.
Eight months later, on June 24, Judge Huey โquashedโ the decision by the BOCC to deny the rezoning, which means, in legal terms, โto set aside or void.โ (Note-For a lot more information about why the BOCCโs decision was quashed, see page 4.) It also meant that now, the county had its own decision to make: Either ask Judge Huey for a rehearing, appeal the judgeโs verdict to a higher court, or allow GL Homes to proceed with its development plan.
On July 5, the county filed a petition to the Circuit Court for a rehearing.ย
Judge Hueyโs ruling on the developerโs appeal was that, โThe court cannot find that the Board of County Commissioners relied on competent, substantial evidence when it denied GL Homesโ proposal.โ
The judge also felt that the BOCCโs decision was more of a personal attack on Place, even though neither he nor his Ace Golf submitted the rezoning proposal. Although the Boardโs original decision was based on the rezoning โnot being infill and not compatible with the Comprehensive Plan,โ the judge saw that GL Homesโ rezoning request was recommended for BOCC approval by the countyโs Planning Commission and the zoning hearing master (ZHM), both of which said the proposed development was consistent with the comprehensive plan.ย
The judge also noted that Hagan said he was basing his decision to deny the rezoning, in part, on the Pebble Creek resident emails that accused Place of โspiteful tactics, intimidation, vindictiveness, innuendo, and fearmongering.โ
But, in its petition for rehearing, the county claims that Judge Huey, โoverlooked record evidence or misapprehended several points of law or fact in a manner that the County believes fundamentally affected the Courtโs Order Granting Petition for Writ of Certiorari (โOrderโ). The County requests rehearing and requests that this Court rescind its Order Granting Petition for Writ of Certiorari and issue an Order Denying Petition for Writ of Certiorari.โ
In other words, the county said that Judge Huey did not consider all of the factual evidence upon which the county based its decision, claiming, โThe Application for rezoning as proposed would result in a complete change to the character of the existing community, by eliminating the central feature of a neighborhood which has existed for decades. Further, this decision has the potential to impact redevelopment of other similar communities within the State of Florida.โ
The countyโs arguments for requesting the rehearing included the following:
1. There was Competent Substantial Evidence for the BOCC to Deny Petitionerโs Application. As the Court notes in its Order, the Florida Supreme Court has set forth a framework that requires rezoning applicants to prove that their proposal is consistent with the comprehensive plan and complies with all procedural requirements of the zoning ordinance. If a rezoning applicant provides competent, substantial evidence that its application is consistent with the comprehensive plan, the Board may still deny the application to accomplish โa legitimate public purpose,โ at which point the Board has โthe burden of showing that the refusal to rezone the property is not arbitrary, discriminatory, or unreasonable.โ
2. The countyโs petition also says, โUltimately, the Court concluded that there was no competent substantial evidence that the Application did not comply with the Comprehensive Plan, nor was there competent substantial evidence to support the Countyโs legitimate public purpose for denying the Application. However, in reaching the above conclusions, the Court overlooked competent substantial record evidence on which the Board could have relied, or misapprehended several points of law or fact.โ
โUnder this Courtโs limited scope of review, it must be determined whether the record contains any competent substantial evidence to support the Boardโs denial. In evaluating the evidence presented, it does not matter whether there is also evidence to support a conclusion different from that reached by the Board for โthe point is that when the facts are such as to give the County Commission a choice between alternatives, it is up to the County Commission to make that choice โ not the circuit court.โโ
As for the evidence that the BOCC made the correct decision, here is a summary of what the petition for rehearing says:
1. [The Application] is inconsistent with he Comprehensive Plan.
2. The open space character of the subject property is an integral part of the neighborhood.
3. The removal of the open space around which the surrounding existing neighborhood was developed and constructed would not protect nor maintain the neighborhoodโs character
4. The golf course was opened in 1967, five years before the Pebble Creek Planned Development was rezoned. The golf course was included as a central part of the zoning, and integral to the neighborhood design.
5. The golf course also was an integral part of the neighborhoodโs character. The golf course is identified on the plan as the center of the planned development, around which the other uses in the neighborhood were designed and planned.
6. Because the golf course came first, it is a central component โ or cornerstone โ of that planned development. To completely replace this use, which currently makes up 25 percent of the acreage of the planned development, with additional residential housing, is a significant change to the character of this golf course community.
7. There is testimony in the record taken by the ZHM that supplements the other record evidence that the existing 150-acre golf course is the centerpiece of the neighborhood, and that to completely eliminate its use and to replace it with a residential development would be to lose an integral part of the neighborhood itself.
8. Pebble Creek was โuniquely designedโ to incorporate the golf course, and by removing it โyou are removing the very thing that built the community.โ The golf course was a โprimary reasonโ or โmajor factorโ for some of the homeowners to live in the community.
9. In the Courtโs Order, the Court notes that โ[t]he Board argues logically that because the neighborhood was designed and built around the golf course, the land acts as a fundamental โcenterpiece,โโ which appears to imply that that the Boardโs determination about the neighborhood having been designed and built around the golf course was based merely on logic and inference, rather than substantial competent evidence in the record. However, the County used future land use maps, zoning maps, the prior approved plan, and lay witness fact-based testimony to support its determination.
10. The Board also cited evidence that supports that the retention of the existing zoning accomplishes โa legitimate public purpose.โ As argued at the Hearing, the legitimate public purpose is to protect the character of the neighborhood, which is not only a recognized public purpose under current case law, but also a mandate of the Countyโs Comprehensive Plan.
11. Judge Huey also ruled that the Boardโs decision was based, in part, on the belief that the president of Ace Golf โlacks good sense and common decency.โ However, the basis for the Boardโs denial must be found in its adopted resolution, and not in singular comments made by a particular commissioner regarding an application or voting on an application.ย
The Boardโs petition concluded that, โThe record contained competent, substantial evidence that the Application was inconsistent with the Countyโs Comprehensive Plan, and that there was a legitimate public purpose to maintain the existing zoning, and therefore support a denial of the Application. Moreover, the Court misstated the Boardโs reasons for denial of the Application by relying on a commissionersโ comments rather than the Board-adopted resolution.โ
Comm. Hagan says that once Judge Huey rules on the Petition for Rehearing, the county has 30 days to accept his decision or appeal the judgeโs ruling to an appellate court.
Meanwhile, Green says, โWe still feel that the BOCC made the right decision and the rehearing will give them the opportunity to give the judge more clarity to see that they did in fact use proper evidence in making their decision.โ
The bottom line, she adds, is that, โThis is my home. Rezoning the golf course will change completely the character and beauty of our neighborhood forever.โ
Sheโs holding out hope that the countyโs Tampa Sports Authority will be able to purchase the golf course and reopen it, as Comm. Hagan mentioned could happen at his June 10 New Tampa Town Hall meeting (as we reported last issue).
In the meantime, all Leslie Green can do is continue to wait.ย
Although I never considered Pebble Creek to be its own suburb โ to me, New Tampa is a Tampa suburb; Pebble Creek is a subdivision within that suburb (more on this below) โ semantics aside, this community of 1,300 or so single- and multifamily residential units has been in the news quite a bit lately.
First, owner Bill Place and his Ace Golfโs attempt to rezone the shuttered Pebble Creek golf course into 251 homes was voted down 5-2 by the Hillsborough County Board of County Commissioners (BOCC) on July 17.
Some were surprised that Commission Chair and District 2 Commissioner Ken Hagan, who has long been considered to be pro-development, was the commissioner who proposed turning down the rezoning.
Hagan said that although there was some duplication of resident feedback received, he and the six other commissioners received more than 1,300 emails and letters about the proposed rezoning, โand more than 80% of those were telling us to not allow it. Candidly, I do not recall another rezoning request that generated so much feedback. Weโve got like three binders full of resident emails and correspondence.โ
Even though some of the residents who filled the commission chamber on July 17 and another 60+ in an overflow room supported the rezoning โ because proposed developer GL Homes would clean up what can only be called the blighted former golf course and help increase the value of the existing homes โ and also spoke at the July 17 meeting, Hagan said it was clear that the vast majority of Pebble Creek residents did not support the rezoning plan.
And, while the Save Pebble Creek group, organized and led by long-time Pebble Creek resident Leslie Green, cheered the commissionersโ rejection of the proposed rezoning, Hagan said that Place only has a few options going forward.
โHe can come up with another developer with a different plan that might be more acceptable to the residents,โ Comm. Hagan said after the July 17 meeting. โWeโve also discussed the possibility of the county purchasing the golf club to convert it to a county-owned course, but he (Place) would have to come down in price a lot for us to be interested.โ
Meanwhile, Green, who is still the defendant in a suit brought by Place and Ace Golf (that hasnโt yet seen a judgeโs decision rendered) that she defamed the golf course owner, said that what happens next isnโt her primary concern. โLetโs see what he comes back with,โ Green said. โMaybe heโs waiting for new commissioners to be elected (in 2024) who might vote differently.โ
Two weeks after the BOCC vote, Niche.com named Pebble Creek as the second โBest Suburb to Live Inโ the Tampa area, 3rd โBest for Familiesโ and #9 โBest to Buy a House,โ according to Niche.comโs analysis of reviews and a number of statistics.
Chuck Leisek has spent many of his mornings the past 15 years hitting golf balls at the Pebble Creek Golf Club (PCGC), where he lives just off the 12th hole.
The 86-year-old never broke 70, but shot his age plenty of times, has just missed a hole-in-one on the No. 2 and No. 6 holes, and loved every day he was out on the course.
When he found out that the golf course was shutting down for \good on July 31, he and his wife Janice, also an avid golfer, were crestfallen.
โWe never thought in our wildest dreams this golf course would ever be closed,โ says Leisek. โItโs deeply disappointing. And thatโs an understatement.โ
The writing, however, had been on the wall for the past few years, as owner Bill Place, who bought the club in 2005, has been actively trying to sell the property the past five or so years.
The first weekend in June, letters were sent out informing residents that the 6,436-yard golf course, the oldest in New Tampa, was shutting down for good.
Place said there is no special event or farewell scheduled for the club. The last one out on the 31st will turn off the lights, lock the door and that will be it.
Bill Place
Place is currently negotiating with Pulte Homes on building 230-240 single-family homes on the golf course.
โNever once when I bought the course was I even thinking it would be a development site,โ Place says. โWe took what was then a failing golf course that was horribly maintained, and we put in probably $2 million over the first five years. We put in new greens, built a new banquet room, and really got the club making money initially.โ
Included in the improvements was Mulligans, the popular Irish pub that opened in 2007, but also will close July 31.
Place says the 2008 recession stopped the clubโs momentum, and it has been on and off ever since.
Leisek says he remembers when Place bought PCGC and restored the course to its previous glory, but says he is one of many who questions how much money Place actually has been losing.
And, although he says he had heard rumors of Place โskulking around trying to sell it,โ it was still a surprise to everyone he knew when they received notice that PCGC was officially closing.
Place says club members like Leisek, however, were far and few between at Pebble Creek.
Although there are roughly 1,400 homes in the community, only 13 residents are among the clubโs 70 current members. He describes the support from the community as non-existent.
โI donโt mean that negatively, likeย people despised the golf club,โ Place says. โThereโs just not that many golfers (living) in Pebble Creek.โ
The view from hole 1 could soon be replaced by homes, if Bill Place has his way.
He says that when he approached the HOAs about having all homeowners pay for a social membership to keep the club alive, it was rejected.
โWe do get a fair amount of public play,โ Place says. โThatโs essentially what kept us going as long as we did.โ
Golf courses have struggled in recent years, especially as amenities in large communities, but the number of rounds played in 2020 actually were up nationally 13.9 percent from 2019, according to Golf Datatech, primarily because of people looking for relatively safe recreation activities during the pandemic.
It is the largest increase in rounds played since Golf Datatech, which specializes in golf market research, started tracking stats in 1998. Place says that surge was short-lived at Pebble Creek.
โEven though we had a little bit of a bump from Covid-19, Iโve already started to see it back off as people go back to work,โ Place says. โWeโre on a path to repeat 2018 and 2019, when we lost money those years.โ
Place also says that merely maintaining the course had become financially untenable. He says that PCGC still has its original irrigation system and that โit failed miserably during this recent drought.โ
He adds, โIt was time.โ
A 1968 coupon.
Pebble Creek was built by a group of nine investors and opened in 1967, at a price tag of $500,000, 20 years before Arnold Palmer visited to help dedicate the opening of Tampa Palms Golf and Country Club by playing the first round.
PCGC was once dubbed the โgrandaddy of New Tampa golf courses.โ
At its outset, the semi-private Pebble Creek Golf and Country Club was a hit. It quickly reached 300 members in 1967 and stopped accepting any additional members so there was room for the occasional non-member golfer. Over the years, improvements were made (the course actually opened with no bunkers) so it could host bigger tournaments, and membership ebbed and flowed.
*******
Mulligan’s Irish bar was a popular spot for golfers and Pebble Creek residents.
When it comes to selling the 149-acre course to a developer, which appears to be Pulte Homes, Place knows he will have a fight on his hands. Efforts to rezone the property and getting Pebble Creekโs two homeowners associations (HOAs) on board will be an uphill battle.
โEveryone is devastated,โ says Wayne Rich, the president of the Pebble Creek Village HOA, which represents about 300 homes. โNobody is excited about it.โ
Rich says roughly 100 homes between the two HOAs are located on the golf course, and could have their backyards replaced by new neighbors. He has seen what Pulte is proposing, and says heโs โnot crazy about it.โ
A group on Facebook, as well as another group of residents, have already mobilized to oppose any development, emboldened by last yearโs success at stopping Place from getting a brownfield designation for the course.
DR Horton, one of the original interested buyers of PCGC, had done preliminary testing two years ago and discovered that there were contaminants on the golf course before withdrawing its interest.
A brownfield site is a property that is contaminated, which hinders efforts to expand or redevelop it. But, there are significant tax credits offered to help clean up brownfield properties. Hillsborough County commissioners voted against the request.
Without those tax credits, Place will likely foot the bill. A preliminary estimate, he says, indicated it would take 6-9 months to decontaminate the soil. That alone could cost Place $1 million.
But, he still has potential developers like Pulte lined up.
Leisek will get in a few more rounds before then, and he says his golf membership is being transferred to Plantation Palms in Land OโLakes, roughly 20 minutes away and also owned by Place.
He says it wonโt be the same, and will miss member dinners in the clubhouse and even visits to Mulliganโs.
But, what heโll miss most is a golf course he shared 2-3 times a week with his friends and neighbors.
โWe had a lot of good times here,โ Leisek says. โItโs very depressing. Very upsetting.โ
For Rich, who remembers the many Motherโs Day banquets he attended at the club, July 31 will mark the end of an era.
โThe golf course is part of the heritage of this community,โ he says. โItโs sad to see it go.โ
Pebble Creek Golf Club is on its final legs, according to owner Bill Place.
The plan to have the Pebble Creek Golf Club (PCGC) designated as a โbrownfieldโ site has failed, saving the property value of many of the homes that surround the golf course.
Bill Place, whose Ace Golf Inc. owns the PCGC and has been trying to sell it for years now, said he will still go ahead with plans to decontaminate and sell the golf course to developers.
Place had been seeking the brownfield site designation for the golf course, which carries with it a state tax credit equal to roughly 75% of the cleanup costs.
A brownfield site is a property that is contaminated, thus hindering efforts to expand or redevelop it. In 1995, the U.S. Environmental Protection Agency created a tax-credit program to help clean such properties up, so it could be reinvested in, helping the local economy as well as the local environment. The EPA estimates there are more than 450,000 brownfield sites in the U.S.
However, the word โbrownfieldโ carries with it a negative connotation, especially in regards to a โgreenโ golf course, causing Pebble Creek residents to rally together to fight against the course receiving the designation. There were petitions signed, a meeting on Nov. 30, and there were public hearings on Dec. 9 Dec. 16, prior to the vote.
The message from the residents was clear โ the brownfield site designation wasnโt deserved, carried with it a stigma and that they wanted the golf course to remain a golf course.
While at least one Pebble Creek resident registered support to doing what was necessary to get the course cleaned up โ โthe cat is out of the bag,โ said Pamela Jo Hatley โ the overwhelming majority were opposed to using the brownfield site designation to do so.
Michael Jacobson, the president of the Pebble Creek Homeowners Association, said that the contamination was mostly concentrated around the tee boxes and greens, and that the brownfield designation would suggest that the entire 150 acres was contaminated, having as much as a $62-million impact on property values in Pebble Creek.
Jacobson was one of 14 speakers registered on Dec. 16 to voice their disapproval of the designation.
Following 30 minutes of public comments, the county commissioners voted unanimously against the 150-acre property being declared a brownfield.
โIโve represented North Hillsborough for a long time and, candidly, I do not believe Iโve ever seen a neighborhood more engaged and unified in opposition to an issue,โ said County Commissioner Ken Hagan, who District 2 includes Pebble Creek. โThis is evidenced by the over 300 emails, 150 letters and 450 residents who signed an online petition and โ with the exception of (one) โ 100 percent being in opposition to the brownfield designation request for the Pebble Creek Golf Course. I want to deny that request today.โ
While admitting that the future of the PCGC was โuncertain,โ Hagan cited a number of concerns. First, the loss of 30 jobs that would result if the designation was granted and not meeting the economic productivity threshold that is required.
Also, the county has never before designated an active golf course as a brownfield site, and that all recent brownfield approvals have been zoned for their intended uses in advance of the brownfield request, which did not happen in this case. โNot only is this request putting the cart in front of the horse,โ Hagan said, โbut it would potentially be precedent setting.โ
Place was disappointed in the decision, but said that he understood. He had even offered to pull his request for the designation, but it was too late.
โI didnโt expect the pushback when I started this,โ Place said afterwards. โI realized as we got into it that it is a poorly named program. It conjures up images of the superfund industrial sites (which are designated as polluted locations that require a long-term response to clean up hazardous material contaminations). The reality is, brownfield is used across the country in a number of locations, including golf courses. But, I get it. I understand. If I lived there, and someone told me it was gonna be a brownfield, Iโd be concerned, too.โ
So what now? Place says he will pay for the testing, which will take place over the next few months.
DR Horton, one of the original interested buyers of the PCGC, had done preliminary testing two years ago and discovered contaminants on the golf course before withdrawing its interest. South Florida developer 13th Floor, however, remains interested.
Place said that after DR Horton did its โvery preliminaryโ testing of the golf course, he paid $50,000 to a company that did more extensive testing. High levels of arsenic and dieldrin were discovered, from insecticide applications before he owned the property, Place says. He added that those chemicals were banned prior to 2000, and he bought the course in 2005.
โThe company told me this is not unlike what they have seen on golf courses this age,โ Place says. โItโs not as excessive as some they have seen, but yes, itโs contaminated beyond state levels and weโll have to clean it up before anything else can be done with the property.โ
Place estimates the potential cleanup could cost $1 million, though 13th Floor has told him it could cost as much as $2 million. Without the tax credit from the brownfield designation, which would have covered three-fourths of that cost, Place will have to foot the bill.
Place said while the remediation of the contamination begins, 13th Floor will concurrently start a rezoning effort. While it is likely to meet some resistance, 13th Floor has already held a number of meetings with the HOA as well as residents.
While the property could accommodate as many as 600 homes on it, 13th Floor has already agreed to build fewer than 300. Place says that number is now projected to be between 220-250.
Place also said 13th Floor has agreed to other concessions requested by residents as well.โI certainly expect there will be people opposed to this being anything but a golf course,โ Place says. โBut thereโs also people that realize that if itโs a certainty that the golf course is going away, why donโt we try and get as much as we possibly can from the developers to make this as good a situation as we possibly can?โ
There are only 20 golf club members among the residents in the 1,400 or so homes in Pebble Creek. Place says he spends $500,000 every year on labor and fertilizers. The 53-year-old course, which opened in 1967, still has its original irrigation system.
โWeโve just been band-aiding it and band-aiding it,โ Place,says. โIt would cost a half-a-million dollars to put a new one in. The golf course is not viable going forward. Itโs just not paying the bills. We donโt see another away. You can only operate a losing operation for so long before youโre like, โOkay, why am I doing this?โโ