Resolution 2018-30347 RESOLUTION 2018-30347
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, MAKING CERTAIN
FINDINGS AND DESIGNATING THE REAL PROPERTY
LOCATED AT 140 MACARTHUR CAUSEWAY, MIAMI BEACH,
FLORIDA 33139-5101, BEARING FOLIO NUMBER 02-4204-000-
0010, AS A BROWNFIELD AREA PURSUANT TO FLORIDA
STATUTES SECTION 376.80(2)(A), FOR THE PURPOSE OF
REHABILITATION, JOB CREATION, AND PROMOTING
ECONOMIC REDEVELOPMENT; AUTHORIZING THE CITY
MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION OF SAID DESIGNATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, a brownfield site is defined at Florida Statutes § 376.79(4) to mean
the real property, the expansion, redevelopment, or reuse of which may be complicated
by actual or perceived environmental contamination; and
WHEREAS, a brownfield area is defined at Florida Statutes § 376.79(3) to mean
a contiguous area of one or more brownfield sites, some of which may not be
contaminated, and which has been designated by a local government resolution; and
WHEREAS, the State of Florida has provided, in § 97-277, Laws of Florida,
which is codified at Florida Statutes §§ 376.77 — 376.85 for the designation by
resolution of certain contiguous areas consisting of one or more brownfield sites as
"Brownfields Areas," for the purpose of encouraging rehabilitation (including
remediation), job creation, and economic redevelopment; and
WHEREAS, the City of Miami Beach desires to designate a Brownfield Area
within the city limits of the City for purposes of encouraging rehabilitation (including
remediation), job creation, and economic redevelopment; and
WHEREAS, the property desired to be designated as a Brownfield Area is
described and depicted in Exhibit "A" to this Resolution and assigned Folio Identification
Number 02-4204-000-0010 (the "Subject Property") by the Miami-Dade County Property
Appraiser; and
WHEREAS, the City of Miami Beach has considered the criteria set forth
in Florida Statutes § 376.80(2)(a)1-4, namely:
(i) whether the proposed Brownfield Area warrants economic
development and has a reasonable potential for such activities;
(ii) whether the proposed Brownfield Area represents a reasonably
focused approach and is not overly large in geographic coverage;
(iii) whether the proposed Brownfield Area has potential to interest the
private sector in participating in remediation, rehabilitation and
economic development, and
(iv) whether the proposed Brownfield Area contains sites or parts of
sites suitable for limited recreational open space, cultural or
historical preservation purpose; and
WHEREAS, the applicable procedures set forth in Florida Statutes § 376.80 and
§ 166.041, have been followed and proper notice has been provided in accordance with
Florida Statutes § 376.80(1) and § 166.041(3)(c)2; and
WHEREAS, such designation shall not render the City of Miami Beach liable for
costs of site rehabilitation, including remediation, or source removal, as those terms are
defined in §§ 376.79(19) and (20), Florida Statutes, or for any other costs, above and
beyond those costs attributed to the adoption of this Resolution; and
WHEREAS, the City of Miami Beach wishes to notify the Florida Department of
Environmental Protection of its decision to designate the Subject Property as a
Brownfield Area for rehabilitation for purposes set forth in Florida Statutes §§ 376.77-
376.85.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That the recitals and findings set forth in the whereas clauses to
this Resolution are hereby adopted by reference thereto and incorporated herein as if
fully set forth in this Section.
SECTION 2. That the Subject Property, comprised of approximately 2.16 acres,
and incorporated herein by reference is hereby designated as a Brownfield Area for
environmental remediation, rehabilitation, and economic development for the purposes
set forth in Florida Statutes §§ 376.77 — § 376.85 and shall hereinafter be referred to as
the "Fleet Management Park Green Reuse Area."
SECTION 3. That the City Manager is hereby authorized to notify the Florida
Department of Environmental Protection of the City Commission's resolution
designating the Subject Property as the Fleet Management Green Reuse Area for
purposes of Florida Statutes §§ 376.77-376.85.
SECTION 4. This Resolution shall become effective immediately upon passage.
PASSED and ADOPTED this 6 day of 'Ant , 2018.
Dan Gelber, Mayor
ATTEST:
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Rafael -. Grana.o, City Clerk
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Exhibit A
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LEGAL DESCRIPTION
A CERTAIN TRACT DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT WHICH 15 1580 FEET NORTH OF AND 2015 FEET WEST OF THE SOUTHEAST
CORNER OF SECTION 4, TOWNSHIP 54 SOUTH, RANGE 42 EAST PARTICULARLY DEFINED AS BEING AT
THE INTERSECTION OF THE CENTERLINE OF THE ROADWAY OF THE ORIGINAL COUNTY CAUSEWAY
VIADUCT AND THE FACE OF THE WEST BRIDGE ABUTMENT; RUN SOUTH 67 DEGREES 5 MINUTES WEST
A DISTANCE OF 58.70 FEET; THENCE RUN SOUTH 31 DEGREES 43 MINUTES EAST A DISTANCE OF 64.75
FEET; THENCE RUN IN A SOUTHWESTERLY DIRECTION ALONG THE SOUTHERLY BOUNDARY OF THE
COUNTY CAUSEWAY A DISTANCE OF 223.93 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND
HEREIN DESCRIBED; THENCE RUN SOUTH 31 DEGREES 43 MINUTES EAST A DISTANCE OF 403.8 FEET;
THENCE RUN SOUTH 25 DEGREES 29 MINUTES WEST A DISTANCE OF 97.46 FEET; THENCE RUN NORTH
64 DEGREES 31 MINUTES WESTA DISTANCE OF 120 FEET;THENCE RUN SOUTH 25 DEGREES 29 MINUTES
WEST A DISTANCE OF 100 FEET; THENCE RUN NORTH 64 DEGREES 31 MINUTES WEST A DISTANCE OF
200 FEET; THENCE RUN NORTH 25 DEGREES 29 MINUTES EAST A DISTANCE OF 223.24 FEET; THENCE
RUN NORTH 10 DEGREES 51 MINUTES WEST A DISTANCE OF 162.52 FEET TO A POINT ON THE
SOUTHERLY BOUNDARY OF THE COUNTY CAUSEWAY; THENCE RUN EASTERLY A DISTANCE OF 98.79
FEET ALONG THE SOUTHERLY BOUNDARY OF SAID CAUSEWAY TO THE POINT OF BEGINNING.
CONTAINING 94,090 SQUARE FEET OR 2.16 ACRES MORE OR LESS
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Resolutions - R7 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: June 6, 2018
10:35 a.m. Second Public Hearing
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, MAKING CERTAIN FINDINGS AND DESIGNATING THE
REAL PROPERTY LOCATED AT 140 MACARTHUR CAUSEWAY, MIAMI BEACH,
FLORIDA 33139-5101, BEARING FOLIO NUMBER 02-4204-000-0010, AS A
BROWNFIELD AREA PURSUANT TO FLORIDA STATUTES SECTION 376.80(2)
(A), FOR THE PURPOSE OF REHABILITATION, JOB CREATION, AND
PROMOTING ECONOMIC REDEVELOPMENT; AUTHORIZING THE CITY
MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION OF SAID DESIGNATION; PROVIDING AN EFFECTIVE DATE.
Legislative Tracking
Environment and Sustainability
ATTACHMENTS:
Description
❑ Fleet Management Reso
❑ MEMO_Fleet Management
❑ Ad
Page 811 of 1103
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive.Mimi Beath.Florida 33139,mvrm miamibeachh qov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Jimmy L. Morales
DATE: May 16, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, MAKING CERTAIN FINDINGS AND DESIGNATING
A PORTION OF THE REAL PROPERTY LOCATED AT 140 MACARTHUR
CAUSEWAY, MIAMI BEACH, FLORIDA 33139-5101, BEARING FOLIO
NUMBER 02-4204-000-0010, AS A BROWNFIELD AREA PURSUANT TO
FLORIDA STATUTES SECTION 376.80(2)(A), FOR THE PURPOSE OF THE
REHABILITATION, JOB CREATION, AND PROMOTING ECONOMIC
REDEVELOPMENT; AUTHORIZING THE CITY MANAGER TO NOTIFY THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OF SAID
DESIGNATION; PROVIDING AN EFFECTIVE DATE.
BACKGROUND
On March 7, 2018 the City Commission approved a recommendation from the Finance and
Citywide Projects Committee to proceed with designating four City-owned properties (Maurice
Gibb Park, the Fleet Maintenance Facility, the Former Par 3 Golf Course and the Miami Beach
Convention Center District) as green reuse areas pursuant to Florida's Brownfields
Redevelopment Act, in order to negotiate and execute a Brownfield Site Rehabilitation Agreement
and prepare and file a voluntary cleanup tax credit application.
On March 23, 2018, consistent with the requirements for designating a property as a brownfield
area, the City held a public meeting where a representative of The Goldstein Environmental Law
Firm, P.A,an environmental law firm selected to guide the City through the brownfield designation
process, provided information on the brownfield program, the four properties to be designated,
and other relevant details on the designation process.
The next step toward brownfield designation is to hold two public hearings before the City
Commission (Attachment A — Pending Schedule for Miami Beach Brownfield Tasks). This
meeting constitutes the first hearing. Signs noticing the public meeting and the two public hearing
dates were posted at each of the four properties that are undergoing designation. The City also
complied with the additional notice requirements set forth in the statute.
ANALYSIS
A brownfield is any real property where actual or perceived contamination complicates
redevelopment, reuse, or expansion. Such complications typically result in significant added
Page 818 of 1103
projects for contamination assessment and remediation and the proper management of
contamination conditions during site development and construction activities. The Florida
Department of Environmental Protection (FDEP) offers incentives for the remediation and reuse
of brownfields. By designating brownfield sites as "Green Reuse Areas' pursuant to Florida's
Brownfields Redevelopment Act, the City can negotiate and execute a Brownfields Site
Rehabilitation Agreement with Miami-Dade County, allowing the City to file a Voluntary Cleanup
Tax Credit application for the reimbursement of eligible expenses associated with their
restoration, among other possible benefits, including protection against certain third-party
contamination related claims.
As required by the statue, staff has considered (i)whether the property being designated warrants
economic development and has a reasonable potential for such activities; (ii)whether the property
being designated represents a reasonably focused approach and is not overly large in geographic
coverage; (iii) whether the property being designated has the potential to interest the private
sector in participating in remediation, rehabilitation and economic development; and (iv)whether
the property being designated contains sites or parts of sites suitable for limited recreational open
space, cultural or historical purpose. Although no particular finding is required one way or the
other (the statute simply mandates "consideration" of these factors), staff has concluded as
follows:
• the property being designated strongly warrants economic development due to the
additional investment of private capital that such spending will likely spark (both from the
public sector and the private sector) as well the increased use and enjoyment of the
property that experience demonstrates will likely follow;
• based on a careful review of over 450 other designations in the State of Florida going back
to 1997 and being further advised by our outside counsel, the property being designated
represents a reasonably focused approach and is not overly large in geographic coverage;
• experience has demonstrated that the availability of this exact type of property for use and
enjoyment has been extremely attractive to the private sector and has incentivized
remediation, rehabilitation, and economic development; and
• this particular property, in part or in full, is suitable for limited recreational open space.
As of September 2017, the City owns seven properties with known contamination, which are
required by State and County regulations to be assessed and remediated. The seven
contaminated sites are:
1. Maurice Gibb Memorial Park (1700 Purdy Avenue)
2. The Fleet Maintenance Facility (140 MacArthur Causeway)
3. The Former Par 3 Golf Course (2300 Pine Tree Drive)
4. The Miami Beach Convention Center District(500 17 Street)
5. The Miami Beach Golf Course Material Recovery Facility(also known as the Green Waste
Facility; 2800 Meridian Avenue)
6. The Miami Beach Golf Course (2301 Alton Road)
7. The Normandy Shores Golf Course (2401 Biarritz Drive)
The status of each property varies depending on when the on-site contamination was discovered
and how much of its respective assessment and remediation activities have been completed.
Page 819 of 1103
Staff recommends designating the Fleet Management property (Folio Number 02-4204-000-
0010) because it has pending remediation, estimated at $60,000 in future projected costs, to
address contamination characterized as synthetic oil from a discharge associated with the on-site
hydraulic lift pumps. If the property is designated before the end of this calendar year as currently
scheduled, eligible costs incurred within this and subsequent fiscal years will be eligible for
Voluntary Cleanup Tax Credits, allowing the city to recuperate a percentage of those costs.
CONCLUSION
The Administration recommends approving the resolution and allowing the item to proceed with
a second public hearing at the June 6, 2018 City Commission meeting.
ATTACHMENTS
A- Brownfield Tasks Schedule
SMT/ESW/MKW
Page 820 of 1103
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