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