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Resolution 2018-30564 RESOLUTION 2018-30564 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 340 23 STREET AND 2300 LIBERTY AVENUE, MIAMI BEACH, FLORIDA 33139, UNDER FOLIO NUMBERS 02- 3226-001-0400, 02-3226-001-0405, AND 02-3226-001-0391, 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 located at 340 23 Street and 2300 Liberty Avenue; is described and depicted in Exhibit "A" to this Resolution; and, is assigned Folio Identification Numbers 02-3226-001-0400, 02-3226-001-0405, and 02-3226-001-0391 (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: {00023885.DOC.2 } (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 City has determined that the proposed Brownfield area designation is warranted based upon the above-referenced criteria; 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 1.49 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 "Collins Park Garage 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 Collins Park Garage Green Reuse Area for purposes of Florida Statutes §§ 376.77-376.85. {00023885.DOC.2 } SECTION 4. This Resolution shall become effective immediately upon passage. PASSED and ADOPTED this /7 day of &Joker , 2018. ATTEST: \ Dan Gelber, Mayor 4 la /klt Rafael E. Granado, City ierk APPROVED AS TO FORM & LANGUAGE M NA �1'� & FOR EXEC ON I'* Th) �; ifr city Conroy / DateC il�COii , Ri i 1 is V/�'A/ '., y ti If U` Cn C < / JCJ - {00023885.DOC.2 } Exhibit A LEGAL DESCRIPTION Lots 1,2, 3,4,5, 6,7, 8,9 and 10, Block 1,"Amended Map of The Ocean Front Property of the Miami Beach Improvement Company" according to the plat thereof as recorded in Plat Book 5, Page 7,of the public records of Miami-Dade County, Florida. Less the northerly 10.00 feet said Lots 1,3, 5, 7 and 9, Block 1 thereof. Containing 64,800 square feet or 1.5 acres more or less. / itr +L 41, 44 A. ly a` asp Gnal a ler 40PO Air ,..7 jum ?3440 Sr 4W• or * i i / • • • • 0 ♦ 1 let • ‘it le a� zz,vo sr Q it aw N 1 w -!�- rr 0 75 150 300 Feet r I I i I I i i i I S Resolutions - R7 G MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: October 17, 2018 2:40 p.m. 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 340 23 STREET AND 2300 LIBERTY AVENUE, MIAMI BEACH, FLORIDA 33139, UNDER FOLIO NUMBERS 02- 3226-001-0400, 02- 3226-001-0405, AND 02-3226-001-0391, 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 • MEMO Brownfields ❑ RESO Brownfields ❑ AD Page 909 of 1637 MIAMI BEACH City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the City Commission FROM: Jimmy L. Morales DATE: October 17, 2018 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 340 23 STREET AND 2300 LIBERTY AVENUE, MIAMI BEACH, FLORIDA 33139, FOLIO NUMBERS 02-3226-001- 0400, 02-3226-001-0405, AND 02-3226-001-0391, 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. BACKGROUND On June 6, 2018, the City Commission approved a resolution on second reading, public hearing to proceed with designating four City-owned properties with known contamination (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 (BSRA") and prepare and file a Voluntary Cleanup Tax Credit application. On September 6, 2018 the contractor for the Collins Park Garage project uncovered five underground storage tanks during construction that require removal, as well as contamination assessment and remediation similar to that required at the four properties previously approved for brownfield area designation. Portions of the work needed at the Collins Park Garage site are expenses eligible for tax credits if the City elects to also move forward with its designation. The tax credits will be sold on the secondary market to provide for a significant cash reimbursement (currently estimated at 67.5% of all total eligible funds) ANALYSIS A brownfield is any real property where actual or perceived contamination complicates redevelopment, reuse, or expansion. Such complications typically result in significant added 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 Page 910 of 1637 Brownfields Redevelopment Act, the City can negotiate and execute a BSRA 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 statute, 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. Staff recommends designating the Collins Park Garage site, located at 340 23 Street and 2300 Liberty Avenue (Folio Numbers 02-3226-001-0400, 02-3226-001-0405, and 02-3226-001-0391) as a Green Reuse Area pursuant to the applicable statutory provisions of Florida's Brownfields Redevelopment Act because the project required the removal of the five improperly abandoned tanks and will require assessment and remediation to address contamination characterized as petroleum associated with its former use as a gas station. 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 (currently estimated at 67.5% of all total eligible funds). Designation of the property as requested herein and execution of a BSRA with Miami-Dade County will also shield the City from certain contamination related claims that can otherwise give rise to significant claims for damages. CONCLUSION The Administration recommends approving the resolution and allowing the item to proceed with a second public hearing at the November 14, 2018 City Commission meeting. SMT/ESW/MKW Page 911 of 1637 SONDEM SEPTEMBER 30 1O5 I NEIGHBORS I MIA eIIRAED.COH MIAN\ BEACH NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTION DESIGNATING BROWNFIELD AREA October 17, 2018 NOTICE IS HEREBY given that a First Reading Public Hearing will be held by the Mayor and City Commission of the City of Miami Beach,Florida,in the Commission Chamber,3rd Floor,City Hall, 1700 Convention Center Drive,Miami Beach,Florida,on October 17,2018 at 2:40 p.m.,or as soon thereafter as the matter can be held,to consider: 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 340 23 STREET AND 2300 LIBERTY AVENUE,MIAMI BEACH.FLORIDA 33139.INCLUDING FOLIO NUMBERS 02-3226-001-0400, 02-3226-001-0405, AND 02-3226-001-0391, 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. This Resolution is being heard pursuant to Section §166.041 F.S. Inquiries may be directed to the Environment and Sustainability Department at 305.673.7010. The location of the proposed Brownfield Area is as presented on the map published with this notice. • J.... ..__. .-+- INTERESTED PARTIES are invited to appear at this meeting,or be represented by an agent,or to express their views in writing addressed to the City Commission,c/o the City Clerk,1700 Convention Center Drive, 1"Floor,City Hall,Miami Beach,Florida 33139.Copies of these items are available for public inspection during normal business hours In the Office of the City Clerk,1700 Convention Center Drive. 1" Floor,City Hall, Miami Beach,Florida 33139.This meeting. or any item herein. may be continued,and under such circumstances.additional legal notice need not be provided. Pursuant to Section 286.0106,Fla.Stat.,the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing,such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does It authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter(five-day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceedings,call 305.604.2489 and select option 6; TTY users may call via 711 (Florida Relay Service). Rafael E.Granado,City Clerk City of Miami Beach Ad 101718-04 Page 918 of 1637