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HomeMy WebLinkAboutExhibit A 2013/07/11VERSION A ..Title A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DESIGNATING AS A BROWNFIELD AREA, THE PROPERTY LOCATED AT 1026 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA ("PROPERTY"), FOR THE DEVELOPMENT OF WEST BRICKELL TOWER, A MULTI -LEVEL APARTMENT BUILDING WITH THIRTY TWO (32), ONE AND TWO BEDROOM AFFORDABLE HOUSING UNITS, IN ACCORDANCE WITH FLORIDA STATUTE 376.80 SECTION 2(B)(1-5); DIRECTING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MIAMI-DADE DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES OF THE EXPANSION TO THE EXISTING BROWNFIELD AREA BOUNDARY, AND TO UNDERTAKE ANY OTHER NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS FOR SAID DESIGNATION. ..Body WHEREAS, pursuant to Florida Statute 376.79, of the Florida Brownfields Redevelopment Act, the State of Florida defines Brownfield Sites as real property on which the expansion, redevelopment, or reuse of the property may be complicated by actual or perceived environmental contamination; and WHEREAS, pursuant to said statute, Florida defines a Brownfield Area as a contiguous area of one or more sites, some of which may not be contaminated, and which have been designated by a local government by resolution, and such areas may include all or portions of community redevelopment areas, enterprise zones, empowerment zones, other recognized economically deprived communities and areas, and Environmental Protection Agency -designated brownfield pilot projects; and WHEREAS, pursuant to Resolution No. 98-242, adopted March 10, 1998, Resolution No. 99-197, adopted March 23, 1999, Resolution No. 05-0117, adopted February 24, 2005, and Resolution No. R-06-0561 adopted September 28, 2006, the City Commission designated certain areas within the City of Miami ("City") to be Brownfield Areas, which were determined to have redevelopment potential that might be limited by actual or perceived environmental issues; and WHEREAS, 1026 Southwest 2nd Avenue, Miami, Florida ("Property") is located outside of the current City Brownfield Area previously designated, and the Property owner is requesting that the Property be designated as a Brownfield area; and WHEREAS, pursuant to Florida Statute 376.80(2)(a), of the Florida Brownfields Redevelopment Act, the local governing body shall evaluate the statute criteria as the basis for approving a designation, and notify the Florida Department of Environmental Protection, and the Miami -Dade Department of Regulatory and Economic Resources for amendments to the existing City Designated Brownfield Area; and WHEREAS, according to Florida Statute 376.80 Section 2(b)1-5, a local government shall designate a brownfield area under the provisions of the statute provided that: (1) a person who owns or controls a potential brownfield site is requesting the designation and has agreed to rehabilitate and redevelop the site; (2) the rehabilitation and redevelopment of the proposed brownfield site will create at least five (5) new permanent jobs, however the job creation requirement does not apply to a redevelopment that will provide affordable housing, creation of recreation areas, conservation areas, or parks; (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; (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, and the person proposing the area for designation has afforded to those receiving notice the opportunity for comments and suggestions about rehabilitation, and the notice is in a newspaper of general circulation in the area, at least 16 square inches in size, and the notice must be posted in the affected area (occurred on January 8, 2013); and (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; and WHEREAS, the City Commission has determined that the Property to be also known as the "West Brickell Tower development has met the criteria to be designated as a Brownfield Area; NOW,'THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this section. Section 2. The Miami City Commission approves the designation of the Property to be also known as the "West Brickell Tower" development as a Brownfield Area. Section 3. In accordance with the Brownfields Redevelopment Act, Section 376.80(2)(a), Florida Statutes, for Brownfield program administration processes, the City Manager is directed to notify the Florida Department of Environmental Protection and the Miami -Dade Department of Regulatory and Economic Resources of the expansion to the existing brownfield area, and to undertake any other necessary related procedures, notices, and requirements for said designation. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM AND CORRECTNESS: JULIE BRU CITY ATTORNEY .Footnote {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Brownfield Area Designation Request West Brickell Tower 1026 SW 2nd Avenue THE GOLDS'i'EIN ENVIRONMENTAL LAW FIRM, P.A. Transactions, Due Diligence, Development, Brownfrelds, Cleanups & Compliance One Southeast Third Avenue, Suite 2120 Miami, Florida 33131 Telephone: (305) 777-1680 Facsimile: (305) 777-1681 www.goldsteinenvlaw.com Michael R. Goldstein, Esq. Direct Dial: (305) 777-1682 Email: mgoldstein@goldsteinenvlaw.com December 28, 2012 Via Email & U.S. Mail Mr. Johnny Martinez, City Manager City of Miami 3500 Pan American Drive NCiami, FL 33131 Re: Request for Designation of West Brickell Tower, 1026 SW 2nd Avenue, Miami, Miami -Dade County, Florida 33130, Folio No. 01.-4138-051-0110 (the "Subject Property"), as a Brownfield Area Pursuant to Chapter 376.80(2)(b), Florida Statutes Dear Mr. Martinez: On behalf of West Brickell Tower, Ltd. ("WBTL"), we are pleased to submit this request for designation of the Subject Property as a Brownfield Area pursuant to Chapter 376.80(2)(6), Florida Statutes. When developed, the Subject Property will consist of 32 one- and two -bedroom units ranging in size from 672 - 1,000 square feet. This important project, which offer critical housing on an affordable basis, is situated in a neighborhood desperately in need of redevelopment as evidenced by the fact that it is located in both an IRS Section 43(d)(5)(C) Qualified Census Tract and a Neighborhood Stabilization Program Target Area designated as having among the highest levels of poverty and unemployment. To that end, the units at West Brickell Tower will be provided to households earning up to 60% of the County's median income, with an additional IO% of the units being restricted to households earning no more than 28% of the County's median income. The National Association of Home Builders ("NAHB") issued a study in 2008 that analyzed the impact of affordable housing communities on the local economy. The NAHB study demonstrated that the first year economic impact of a 100 unit affordable housing community is $7.9 million in local income (wages for local workers and profits for proprietors and other small businesses in the area), $827,000 in taxes and other revenues for the local government, and 122 jobs. { 00003.14 S. DOCX. 1 I Mr. Johnny Martinez, City Manager December 28, 2012 Page 2 As noted above, \Vest 13rickcll View is a 6,1-unit development. ?accordingly, it is estimated that this project - with a S?2 million capital cost - will therefore provide $529,280 in taxes and other revenues for the local government annually and over 78 jobs during construction of the project. Additionally, local small businesses will also benefit annually, with carpet companies, landscapers, washer/dryer companies, painters and other vendors hired to maintain the Subject Property. CWl:;W I, is applying for a brown field area designation because environmental assessment activities to date have documented multiple discharges of petroleum contamination adjacent or in close proxina.it; to•thc Subject Property that impose a material level or regulatory, construction, health, and legal liability risk, severely complicate redevelopment efforts, and require significant time and tnonee• for technical and legal consultants to properly investigate and address. Accordingly-, tlie designation, if granted, will allow VGAL to access a relatively modest but sti i important state -based economic incentive to help underwrite the unanticipated and un€ udt=cted costs associated with managing the perceived environmental risk as well as, generally, to put the project to more certain financial ground. In this sense, the desig>nation will not only pla • a critical role in the successful redevelopment of the Subject Property but also in the larger revitalization effort .for the comrim nir; in which the Subject Property is located. in light: of these facts and circumstances, we respectfully request that the Office of the City Manager review the enclosed Statement: of Eligibility and bring this application for browntiield area designation before the :vu.�.�ta City Commission with a recommendation for approval As you and your staff evaluate the materials we :submit today, please feel free to contact us with any questions or should you require additional rmation. You. t ere man' yours. THE GOLDSTEI ENVIRONMENTAL LAW I T R. 1, F.A. iMichael. R. Goldstein /' m.~. g Encl. cc: :Vice Bravo, Assistant City .'Manager \West Iirickel.l View, Ltd. (00003446.DOCX. 1 ) Attachment A 100002394.DOCX. 1 } Brownfields Designation Eligibility Statement West Brickell Tower Apartments 1026 SW 2°d Avenue, Miami, FL 33130 Folio No. 01-4138-051-0110 The proposed development and construction by West Brickell Tower, Ltd. (the "Applicant"), of the West Brickell Tower Apartments (the "Project"), located at 1026 SW 2°d Avenue, Miami, Miami -Dade County, Florida 33130, Folio No. 01-4138-051-0110 (the "Subject Property"), as more particularly described in Exhibit A, satisfies all five of the applicable Brownfields designation criteria set forth at Section 376.80(2)(b), Florida Statutes, as demonstrated herein. L AnaIysis of Five Main Statutory Criteria for Designation 1. Agreement to Redevelop the Brownfield Site. As the first requirement for designation, Florida Statutes § 376.80(2)(b)(I) provides that "[a] person who owns or controls a potential brownfield site is requesting the designation and has agreed to rehabilitate and redevelop the brownfield site." The applicant satisfies this first criterion in that it owns the Subject Property, is requesting that the Subject Property be designated a Brownfield, and has agreed to redevelop and, as necessary, rehabilitate the Subject Property. A copy of the Warranty Deed demonstrating ownership is enclosed as Exhibit B. 2. Economic Productivity. As the second requirement for designation, Florida Statutes § 376.80(2)(b)(2) provides that [t)he 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 rehabilitation agreement or an 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 shall not apply to the rehabilitation and redevelopment of a brownfield site that will provide affordable housing as defmed in s. 420.0004 or the creation of recreational areas, conservation areas, or parks." The Applicant satisfies this second criterion in that the total capital cost of the Project is estimated at approximately S11.5 million, with a material portion of that amount being spent on local labor, contractors, consultants, construction materials, and impact fees. Furthermore, it is estimated that the Project will generate approximately S264,000 in local real estate taxes and other fees and revenues. When fully developed, the Project will have supported over 39 construction jobs, resulting in the payment of significant payroll taxes and salaries, which, in turn, will benefit the local economy and increase the productivity of the area. (Because rehabilitation and redevelopment of the Subject Property will provide affordable housing as defined in Florida Statutes § 420.0004, there is no permanent job creation requirement.) 3. Consistency with Local Comprehensive Plan and Permittable Use Under Local Land Development Regulations. As the third requirement for designation, Florida Statutes § 376.80(2)(bX3) provides that "[t]he 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 Applicant satisfies this third criterion in that redevelopment of the Subject Property is consistent with the local comprehensive plan and is a permittable use under the applicable local (00003443.DOC. 2 ) land development regulations. In fact, the Project has already received site plan approval and all related development approvals. Evidence of Site Plan approval can be found at Exhibit C. 4. Public Notice and Comment. Florida Statutes § 376.80(2)(b)(4) stipulates that "[n]otice of the proposed rehabilitation of the brownfield area has been provided to neighbors and nearby residents of the proposed area to be designated, 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 subsection must be made in a newspaper of general circulation in the area, at least 16 square inches in size, and the notice must be posted in the affected area." The Applicant satisfies this jounh criterion in that it contracted to post the requisite notice at the Subject Property and publish the requisite statutory notice in the Miami Herald. Notice by posting will occur on December 28, 2012, and by publication on December 30, 2012. In addition, the Applicant will hold a community meeting on January 8, 2012, at a publically accessible location in the vicinity of the Subject Property for the purpose of providing those receiving notice additional opportunity for comments and suggestions about rehabilitation. For a copy of the notice to be posted and published as required by statute, please see Exhibit D. Evidence of actual posting and publication will be provided to the City, once both forms of notice have been completed. 5. Reasonable Financial Assurance. As the fifth requirement for designation, Florida Statutes § 376.80(2)(b)(5) states that "[t]he 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 plan." The applicant satisfies this fifth criterion in that it has secured all of the capital necessary to fund the project, including but not limited to S10,400,000 in Low Income Housing Tax Credit Equity from Florida Housing Finance Corporation and S300,O00 in local subsidy provided by Miami - Dade County. II. Definition of Brownfield Site" in Chapter 376.79(3), Florida Statutes Although the five criteria discussed above do not expressly reference contamination as a specific element that an applicant must demonstrate in order to be eligible for a designation, such a requirement is inferred by the multiple references to the term "brownfield site" throughout Chapter 376.80(2)(b), Florida Statutes. A "brownfield site" is defined by Chapter 376.79(3), Florida Statutes, to mean ". . . real property, the expansion, redevelopment, or reuse of which may be complicated by actual or perceived environmental contamination." Accordingly, the key element of this final level of analysis is whether the Subject Property can be said to fall within the definition of a "brownfield site." That is, do the facts demonstrate that either actual or perceived contamination has complicated, is complicating, or will complicate expansion, redevelopment, or reuse? In this instance, the close proximity of two retail fueling stations with documented contamination in soil and groundwater and the significant and very real complications they pose for redevelopment and reuse answer the question in the affirmative. (00003443.DOC. 2 ) "Brownfield Site" Analysis The facts here clearly evidence that the Subject Property falls with the definition of the term "brownfield site" as set forth in Chapter 376.79(3), Florida Statutes. Specifically, a review of applicable environmental regulatory agency databases reflects a history of spills and contamination discharges in close proximity to the Subject Property. We discuss two such incidents in particular that have created acute regulatory, legal, construction and budget risk for the Applicant. First, as reflected by the records enclosed at Exhibit E, in July of 1988 and November of 1992, significant discharges of petroleum related products occurred at a BP/Brickell Trading Post fueling station (formerly Ramirez 66 Service Station) located within 400 feet of the Subject Property at 1245 SW 2nd Avenue. The BP was reported to contain two 12,000 gallon gasoline underground storage tanks ("USTs"). Due to the financial status of the responsible party and funding limitations at the state level, no adequate investigation of the extent of contamination or off -site migration has ever been performed and the commencement of cleanup is not anticipated to occur at any time in the foreseeable future. In the meantime, contamination in the subsurface continues to spread unabated. Although it is not clear whether the groundwater contamination has actually migrated onto the Subject Property, given its proximity to the source of the release, such a result appears at the very least plausible and has placed significant financial burdens on the Applicant to plan accordingly. Moreover, in the event that impacts from the petroleum discharges are, in fact, encountered by the Applicant during development, yet additional significant costs (and perhaps construction delays) will be incurred to properly manage contaminated media and construction effluent. This contingency planning adds to the expense, complication, and legal risk of the Project and goes to the heart of environmental perception risk that the Florida Brownfields Program was enacted to mitigate. Second, as reflected by the records enclosed at Exhibit F, a 1,000 gallon diesel UST is maintained at 1105 SW 2"a Avenue, which is 200 feet from the Project. The UST was installed in 1979 and is presumably used to fuel vehicles maintained at the site for emergency services. Pursuant to pertinent documentation related to this facility, in 1992, the UST was required to be retrofitted with overspill buckets and drop tube overfill shut-off equipment. Accordingly, the UST was in operation for several years without overfill/overspill. containment, which increased the potential for unknown petroleum discharges associated with the UST to enter environmental media. In addition, it appears from record available online that compliance monitoring wells were not installed at the site until 1992; thus, previous releases of petroleum product could have occurred and gone undetected in the interim in the absence of leak monitoring. The close proximity of a 1,000 gallon diesel UST with a suspect environmental compliance history creates yet additional complication and risks for development of the Subject Property, including risks associated with perceived human health exposure issues and market acceptability by the Applicant's targeted demographic. Ensuring protection of human health and contracting for assistance by qualified environmental professionals in order to provide clarification and reassurance to future residents regarding contamination and regulatory matters adds a layer of significant expense and complication that would not be incurred at a "greenfield" property. 100003443.DOC. 2 } The Applicant has demonstrated that it meets the five statutory criteria for designation of the Subject Property as a brownfield area as set forth at Chapter 376.80(2)(b), Florida Statutes, including the threshold requirement at Chapter 376.79(3), Florida Statutes, incorporated by reference at Chapter 376.80(2)(b), Florida Statutes, that the property for which the designation is sought meet the definition of a "brownfield site." {00003443.DOC. 2 } Exhibit A {00001271.DOCx.1 } Legal Description West Brickell Tower THE NORTH 45 FEET OF LOT 19, AND LOT 22 LESS THE EAST 10 FEET THEREOF, IN BLOCK 76 SOUTH, MIAMI HEIGHTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 29, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND THE SOUTH 16 FEET OF LOTS I, 2 AND 3, LESS THE EAST 10 FEET OF LOT 1, IN BLOCK 76 SOUTH, CITY OF MIAMI, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. (00003449.13OC. i } Exhibit B (00001271.DOCL 1 } Prepared by and returnto: Key Internationa175tle & Escrow, Corp. 200 Crandon Blvd. Suite 311 Key Biscayne, FL 33149 305-361-6161 File Number. flm 1026 sale Will CallNo.: Parcel Identification No. 01.4138-051-0110' [Spam Above This Line For Recording Betel 111111111111111111111111111111111111111111111 CFN 2012R0857371 DR Bk 28377 Pss 2472 - 2473E t2assl RECORDED 11/29/2012 14:47:37 DEED DOC TAX 5,700.00 SURTAX 4,275.00 HARVEY MIN, CLERK OF COURT MIAttI-DADE COUNTY, FLORIDA Warranty Deed (STATUTORY FORM - SECTION 689.02, FS) This Indenture made this 25th day of October, 2012 between FLM 1026 2nd Avenue, LLC, a Florida limited liability company whose post office address is 1026 SW 2 Ave., Miami, FL 33130 of the County of Miami -Dade, State of Florida, grantor*, and West Brlckell Tower, Ltd., a Florida limited partnership whose post office address is 477 South Rosemary Ave., Suite 301, West Palm Beach, FL 33401 of the County of Palm Beach, State of Florida, grantee', Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/10D DOLLARS (510.00) and other good and valuable considerations to said grantor in band paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit: The North 45 feet of Lot 19, and Lot 22 less the East 10 feet thereof, in Block 76 South, Miami Heights, according to the Plat thereof, recorded in Plat Book 5, Page 29, of the Public Records of • Miami -Dade County, Florida, AND The South 16 feet of Lots 1,2 and 3, Less the East 10 feet of Lot 1, in Block 76 South, City of Miami, according to the Plat thereof as recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County, Florida Subject to taxes for 2012 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. * "-Grantor* end `Grantee are used far singular Of plural, es context makes. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimeo Signed, sealed and delivered in our piesence: OR SK 2837? PG 2473 LAST PAGE FLM 1026 2nd Avenue, LLC a Florida limited liability company • Francisco Lagos Marmol, Manager (Corporate Seal) . State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me this �th day of October, 2012 by Francisco Lagos Marmol, Manager of FLM 1026 2nd Avenue, LLC, a Florida limited liability coajpany,. on behalf of the corpo • • He [j is personally (mown to me cr [X] has produced a driver's license as identificati [Notary Seal] Wimmry Deed{ nao,y Form) - Page 2 DoublsTtme. Exhibit C {00001271.DOCX. 1 } 2011 UNIVERSAL CYCLE - LOCAL GOVERNMENT VERIFICATION OFSTATUS OF SITE PLAN APPROVAL FOR MULTIFAMILY DEVELOPMENTS Nome ofDevelopment: Development Location: beeo (At aold iproviderhoaddressassigeedbytheUaitedSigne/ash! Same itctudiug the ecktrest number, street raste and c2y, or if the address hos oot yet county it�tedd la the uuniocorp�tod area closest e �ntya .) intersection and city !flouted Mlles edyeK (tr)the shed :a" closest deli tcdintersectionand West Or Ickcll Tourer Apartments Che ra.At.a/6a2otliJskeredCyett eceitst 1026 SWY 2 n d Avenuo, Miami Zoning Designation: T6-29-0 Made thy applicable statement: 1, 0 The above -referenced Development isalew conshuction or rehabilitation with new construction and the fatal site plan, in the zoning designation stated above, was approved on or before the Application Deadline for We 2011 Universal Application Cycle (as stated out the FHIPC Website leap://apes.floridaltousing.oreStaadAlonc/FRFC ECM/ContentPage.aspx?PAOE-0238)byaction of the pod ty Authorized Body). 2. kVThe above -referenced Development is new constntciion or rehabilitation with new construction and (i) this jurisdiction provides eitlterprelintituuy site plan approval or conceptual site plan approval which has been issued, or (ii) site plan approval is required for the new construction worir, however, this jurisdiction provides neither preIintinary site plan approval nor conceptual site plan approval, nor is any other similar process provided prior to issuing final site plan approval. Although there is no preliminary or conceptual site plan approval process and the final site plait approval has not yet been issued, the site plan, in the zoning designation stated above, has been reviewed. The necessary approval/review was performed on or before the Application Deadline for the 2011 Universal Application Cycle (as stated an the FHFC Website hip://apes.floridahousing,otg/StandAlone/FIIFC ECM/ContentPage.nspx?PAGE238) by Office ofZooing (Ltiplh'Autharized Body') 3. 0 The above -referenced Development, in the zoning designation stated above, is rehabilitation without any new construction and does not require additional site plan approval or similar process. • "Ugly Aulto fired Body" it ontanladtuidoal Applicant smut AAtte tberame of the City Council, CauatyCoozmissloa. Board, De with authority over such natters PaMreat Divirla {eta, I eatify that the approval as specified above and Signature Ibis certification anal be signed detetmimaoa of Issues ttbfed to ;wriggle, not are other signs threshold. If this certifies Application will faittostxeeshold. UAI016 (Rev. 2-11 was oaax�k 47.21.033py51 F.A.C. CERTIFICATION of Miami has vested in sue the authority to verify status of site plats err �thw certifytl einfotma 'on stated above isbneand contd. BaniabyMin, Zoning Administrator Paint or Typo Name and Title lfab4 CiVe ar Caterty's Director of Phaaiog god Zatdog, chief appointed official (statO respontlbln for epptowi, City Munger, oc CouetyMfamger/Mnialuntor!Coordinator. Signatures Dom local elected omen's are not this certification Is applicable to this Deselopmeot and It is inappropriately signed, the Appttalioa will Ail to meet ecmutoas or .wbllt-our. m if it !s acnard, imaged, attend, or retyge4 ILe fbrm will Mt be coca blend anti the The (edification maybe pbolacapled. Provide Behind a Tab Labeled "Exhibit 26" Exhibit D {00001271.Docx. 1} NOTICE OF PROPOSED BROWNFIELD AREA DESIGNATION REPRESENTATIVES OF WEST BRICKELL TOWER, LTD., WILL HOLD A COMMUNITY MEETING ON TUESDAY, JANUARY 8, 2013, FROM 5:00 P.M. TO 7:00 P.M. FOR THE PURPOSE OF AFFORDING INTERESTED PARTIES THE OPPORTUNITY TO PROVIDE COMMENTS AND SUGGESTIONS ABOUT THE POTENTIAL DESIGNATION OF PROPERTY LOCATED AT 1026 SW 2ND AVENUE, MIAMI, FLORIDA 33130, AS A BROWNFIELD AREA PURSUANT TO §376.80(2)(B), FLORIDA STATUTES, AND ABOUT DEVELOPMENT AND REHABILITATION ACTIVITIES ASSOCIATED WITH THE POTENTIAL DESIGNATION. THE COMMUNITY MEETING WILL BE HELD AT THE HAMPTON INN BRICKELL, 50 SW 12TH STREET, MIAMI, FLORIDA 33130, AND IS FREE AND OPEN TO ALL MEMBERS OF THE PUBLIC. FOR MORE INFORMATION REGARDING THE COMMUNITY MEETING, INCLUDING DIRECTIONS, OR TO PROVIDE COMMENTS AND SUGGESTIONS AT ANY TIME BEFORE OF AFTER THE MEETING DATE, PLEASE CONTACT MICHAEL R. GOLDSTEIN BY TELEPHONE AT (305) 777-1682, BY U.S. MAIL AT THE GOLDSTEIN ENVIRONMENTAL LAW FIRM, P.A., 1 SE 3RD AVENUE, SUITE 2120, MIAMI, FLORIDA 33131, AND/OR BY E-MAIL AT MGOLDSTEINrct),GOLDSTEINENVLAW.COM. (00003456.DOC. I ) Exhibit E {00001271.DOCX. 1 } Qepartaent of Environmental Regulation �r r'' } ° RLY DETECTION INCENTIVE PROGRAM iA43r _ I.'. , �' ICATICN APPLICATION• ''•. }C-�g 1 r( 1'1 Use this fora td r{otify thc0ea:6cebt b(i nvironaental Regulation of pet_aleua contamination problem This farm 1s req'µiZed to determine eligiity for the EDI program. .FOR N0TIFlCAT10N PURPOSES ONLY. ' PLE.A.:c POINT OR TYPE ' •r -- " _Pi. "X" :•?:ere answer is unknown ' �.,. /3 'q7� Up - 10. CER Fac:l£ty Neater A'1 04 =• !�..v ...� .. . 1. Business/Site Name: ,:RA}II'REZ 66 Business/Site Operator: Jesus Ramirez (Anaramis Corp.l eu3iness/S.ite Owner: Business/51te Address: 1245 SW 2nd Avenue Telephone Number: 305-856-1455 (8cstness) (Maze) • r La Property Owner: Rose/la Whi=nk SAME County: nanF Mailing Address: SAME AS ABOVE 2. Date of discovery: (month/day/year) 3. Have you previously reported this discharge to DER? U ?ia U Yes 7-16-88 Method of initial diateverf (circle ones only) A. Automatic detector in ground, monitoring E. Inventory control well, or containcent F. Odor or visible signs at facility or in B. N"PA 329 test (underground tanks only) vicinity C. Manual test of monitoring wells(s) • ()Other Test of Water EPA 602 (explain) 0. Eaptyi.ng and inapec` en 5. Estimated number of gallons lost: . Y 6. What part of the storage rystaa la leaking? (circle all that Has the eystes been repaired? 1-1No Yes Ca Unknown app1Y) If yes, date cf report and to wh= A. Dispense~ 8. Pipe C. Fittirq 0. Tank E. Overfill /\Urknarn 7. Cause of leak (circle all that apply) Noire Tank ( . Unknown 8. Spilt G. Split I. Installation failure �,/ C. Loose Connection H. Carrrsian P. Overfill D. Other I. Puncture O. Accident R. Other 8. If a tank is leaking,. circle the o.+so£cee whith describe the type A. Atcvegrettsd E. Bare or asphalt -coated etas], 1. Impressed current type. 8. Factory welded F. Fiberglass -clad steel 3. Double wailed C. Field erected G. Fibergiaes Abandoned or cut of service 0. Underground H. Sac if£eial anode type H. ther or unknown (explain) 9. Type of product discharged (circle one) A. Leaded gasoline K. Xeresena 8. Unleaded gasoline L. Used ail C. Gasohol or alcchal-enriched gasoline H. General diesel D. Vehicular dieselOther (explain) E. Aviatier, fuel 13cY f j/j g f q /Z, �lnkncwn (explain) APPLIED FOR 11. DER Tank Mabee X 12. TO T}iC BEST Er MY KNOWLEDGE AND BELIEF ALL ItFO&mATIQN SUBMITTED GN THIS FOPUi I5 TRuE. ACCURATE AM CrC IPLET E. c ‘-, / C. C / 4-15-88 ,Signature of Person Cmp£et,ni-Fcra Title JESUS RAMIREZ Cate Justin Hofmeister From: Justin Hofmeister Sent: Wednesday, December 12, 2012 1:46 PM To: Justin Hofmeister Subject FW: WM extension in front of contaminated site UT-528 Attachments: Ramirez 66 Site Map.pdf - Adobe Acrobat Professional.pdf From: Mas, Jose (PERA) Sent: Friday, February 17, 2012 10:02 AM To: Mas, Jose (PERA) Subject: FW: WM extension in front of contaminated site UT-528 From: Garcia, Gabriel (PERA) Sent: Wednesday, February 15, 2012 1:46 PM To: Llano, Jackie (PERA) Subject: RE: WM extension in front of contaminated site UT-528 Good Afternoon Enrioue, Please see below for information regarding the contaminated site found in the vicinity of the construction project. The information we provide is based on the information available in PERA's records. o Brickell Trading Post inc. (former Ramirez 66 Service Station), Folio: 01-4138-051-0450, 1245 SW 2nd Avenue, UT-528/F-7243: According to PERA files, petroleum contamination was discovered as a result of tank excavations in November 1992. Please see th:e site plan for the location of the underground storage tanks. A Site Assessment Report has never been submitted for this property. If you have any questions please feel free to contact me. Regards, Gabriel Garcia, EL, Hydrogeologist 11 • Miami -Dade County Permitting, Environment and Regulatory Affairs Pollution Control Division/Pollution Remediation Section Overtown Transit Village 701 NW lst Court, Your Location (4th Floor), Miami, Florida 33136 (305) 372-6700 v :.miG midade.govipera "Delivering Excellence Every Day" Piiease consider the environment before printing this email. Please consider the environment before printing this e-mail 1 From: Cuellar, Enrique (PERA) Sent: Thursday, January 26, 2412 2:05 PM To: Llano, Jackie (PERA) Cc: Aguirre, Oscar (PERA); Hernandez, Carlos, P.E. (PERA) Subject: WM extension in front of contaminated site Good afternoon Jackie, here is another request for information for a proposed water main extension; the southernmost portion of which would traverse in front of a property that is shown as a contaminated site. The proposed water main would be serving a proposed bank. Can you please provide additional information so I can pass it on the engineer of record. thank you in advance for your co-operation.. Subject Prep ties n laptle1,il11;;1 4 ear: GlearAll° Fria? cs 12-ncnir';€,' ... _...._ Task ID Wok Group Work Gray? Number File Number Task Name House Number Primacy direction Street Name Primary Type Folic _._..-------_—_. State Class__ State Rank Phase Phase Description �f _.. T..__ T Point _.;-'1999O90423513998 UT .___. _.__...Ma._. 528 7243 8841817 i,._AAMIREZ SS sw AVE EDI APPROVED 11 PENDING ENVIRONMENTALASSESSMEN NZ 2 / Eizu/8.()ielluv Engineer Water and Wastewater Engineering Section Miami Dade County Permitting, Environment and Regulatory Affairs Ph�7DG'315'28OO e-mail:ouaUe(5)rniemidade,00v 3 rn 0 n 0 fr4VJ5 o is o is o Ps r F}/a 1 1t7/e11P:/aI MW1 ® IIy 1 1 n lr lalt] IRiP} I^� IfI I I! UIi o,J711C,Qi/lot�nlr•F7.T111.I 11OIunIa /7C 1PUUPS /aFc OIL/WA1tR SEPARATOR ousLDIt1a I MW3 S.W. 13TH STREET; LEGEND MONITOR WELL O UST FILL PORT a SOIL SA1IFLE LOCATION F,oOa ORAMs SOU. STOCxr t( MW2 �,,,,� sir!•�Tf'',"','`„g"r 7 izitatg % tl0 E.. TANK A — t000 GALLON CONTAINING WASTE 01L TANK 0 — 1000 GALLON CONTAINING KEROSENE TANY. C — 4000 GALLON CONTAINING GASOLINE TANK 0 — 2000 GALLON CONTAINING GASOLINE TANK E — 2000 GALLON CONTAINING GASOLINE TANK F — 4000 GALLON CONTAINING GASOLINE. SUER Pam.:. fit.-TA1. pew SITE MAP F44M1N41114 ♦ITS1Al2n RAI4 REZ 66 It.. L.Y. trm •Kxt: H{N.L RU{tA -1411 Lot iK 11 w. limit))) Jammai A ASSPciatts, Inc. w C.A1tM U P.clatt.antl Irt J Exhibit F {00001271.DOIX.1 METROPOLITAN DADE COUNTY, FLORIDA DEPARTMENT OF ENVIRCNDENTAL RESOURCES MANAGEMENT STORAGE TANK SECTION: INSPECTION REQUEST NSPECTO; C'-`�.JDitt'Ma .)- 1 I-'-';;11, FILER: 3-1', DUE : j DER FAC ION: 13e/ ? E,L{ RETURN TO:T-c:JviFi5ct}^tL lc.'1.[-fr r',i1A5 jt.. r,f� -k" � a EDI F1LEN: 13 - FACILITY: rr' {. l�i"1l/ni"-(vttlr-tl-1 IC'? C.--H _ ADDRESS: r- �c;� SCc 2.. rtl 41 DESCRIPTION OF INSPECTTON: PSSSCr: INITfAL E• FOLLOW UP, FINAL_ FPLIRP 17-61 REMOVAL . CAR RAP OM IRA --- OTHER • C.1C'-Y'11 { 1_1 /-L:LL f-. Y--) 1— 1'CC.`t'�j. ( t_-/-. _% 1 t_:i1.,i-)G�- 110 La rn C.pi- .1_ 17 , ..1 "� - ! i__, % : (_�' , vJ INSPECTION REPORT DATE: / 1 l I / / I TIME: G; 35 ,,CT I VE ENFORCEMENT 7 (CIRCLE) NOV FNPTCA CVN CA k'DV COURT • .NONE I - Current DERM Operating Permit ---- CALDs Operational // "- t Number of Compliance Wells — GW'MPP Approved /•rtit__-seiva 1r-.r1 ,.t..c.',n,�t ;r^:.t r•C i.c3.r.. L 1 1 (r` ,. 1 r_ : (.l.J E L4.<. i-�i � -: (�rl.{ .+, r') t 1 1 X l�X��- �1 � \ V�r � C'le,tL-- _ J t � „.4—.1 t,t.t,�tu.(Cn1k-i(9 r.-.C>It,,. '?{1,`)C1 <n.. o tvct-,, LL L/, 1 L""L�.r���{, �11'Le Gi C'�lC!•c� t !{t rjr--.•-1.-,t , ."1-jt".'t.c.v.) t.(-, i. C.y L{...,: ) 4-1,>. GCI e",,.-Liw..,' (..;lac C4_,, �e:-^_y : 'r t I - i -,s. 1. c : i cam• ..r•ir t-V h I r:-t -1r-6t1 ,c.: ,•-_,,,...... ,:uv-L-S,; f l ,,..:%E:Iz 1,t. T.i4 , J •i T (Yc,^- -.-t.- uni; -, F j r 1. ( j k - � I 1 , t%(l}.E M Y , [LC ..t,f 11 f` / I(' 1 Y .-t,. 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UPDATED: 1 :Fitter, MONITORING WELL NUMBER RM MONITORING WELL ,INSPECTION SHEET { IConcreto Pad? Solid Riser? Dopth to Water? a iji.“,,,,,111VL/1.1," .., I tirl.,..16. 1.14f, ' INSTALLATION INSPECTION FORM 310 ...Ai 21/tiji / /I , /, / 017 //111/_//1,11111 I :G.,.ti r4cv.,,IIi nr.„;1,,r.,::: ,-,,,,-; .7;,-,11,7,1 1 lit-:1 ' IS 6 6 `• • 1...---11 5a Ec.vc-;,, tiJ vicl, 3 bct ed watk?r•clitt cat; t I s:5 ci ,,,,„•r cif:L.:A , [., • .r - 0 - FAI, C,c-rc •"2%-1-.,•ekic %":, votivl 6 c I lz.e. tr...1:-..,1r, s-21 ......iri co.-Az.):1:7-i-q! t t 1 te ) ;0 6ri t 1 1 GI Tujr:InfIc3 Itst of stty,),,41 sysIn b.:62re p.i(:,ilto t.t,; :,...,.1.,!ctrr.?-..1t..."• Zr , 1••••.:,,,t1 h'•:• 11." ,•..... ( t I • • • .. • • r•cl,,,,.-- :61-,1,-,: o r-,,..k P.,,, 3 ^, t DISTRIBuTioN wHiTE • Inspcc:cr Copy YELLOW • o E.il TaPzhas-,,,o Copy PINK - acikty Ccpy , ' fillip II tiitAitta 7, ' • ..),19 I!, , ,,,p,...,:r4g Zi lirix 1 Y ' ,t‘r:t$ . ' '401.mik.'k41..12 V •V4 it 1 .7 .t.4*- .• ir497•Cnklk4i,Zi..1,,,, A.., ,;,3. uilitit,fy,,,,-ttry..e....A.Vm.:,,,,,,Iv!ci!.<•,•-1-.* `4,1', ..• Ati , . Wifiiiiaee -ii4.)1Att.111'*g,"4,,:g11;!..ti'.4'47,'Zilt::':e*',-/S:7,..in ilg UNDERGROUND STORAGE TANK INSTALLATION INSPECTION FORM Ify.a.t,:roxcs C1III141 27 :..t.7,:t1,•i•t) a:c1011,:r 14.7.1 to tn.: f.htz.:S..ni..`.174C7.1.,6 e.,1,;,}14.1,:u cr,:vrall r.Ov.rcit 21 :VI v..act:oc:Irx..,1--pf cOnto, 2.11 f0.1,......1,.a.-10..so01a0-0.1.•,,010.1/ 1,:•••tr, ••••.•trca .•••••,o,,t,;..-; pE ;61 • • 1.4 -1.1S 27 2.15 45 1,10,0a0;• F.,4.1.1y ID 0. .1 lr:A tod 17• 1., •1011.1:, t01 11.0 pr.:ervj c,..iir.•;..L; t.t.r.,"•,f n ▪ • , ;,1%1 P Oc•2% c•.)/ ri tir•'•-•`: ",PI 15 15 7 Fa ,tt„. 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PINK - Copy Ppz,,•.i.,3 ol -rat' 414K7,- •34: ••.: gilt141 rignWtraftrig:' AjOVILle.W1*..10;1.4.7t;i'Aft,'rfq*".:4•P %-*P•t:",=•!"'<.':4; STATE OF FLORIDA DEPARTMENT OF ENVIAONP.ENTAL REGULATION POLLUTANT STORAGE TANK SYSTEM INSPECTION REPORT FORM - COVER PAGE ? OF PAS:. FACILITY ID !f: I;S62214S COUNTY: DADE FACILITY NAME: MIAMI/CITY-FIRE GARAGE F.S_04 FACILITY LOCATION: 110 SW 2ND AVE, MIAMI FACILITY CONTACT: CHIEF FRANY POLLASON PHONE: C_v.t 579-6224 OWNER: MIAMI CITY FIRE DEPT PHONE: (3O 57 S-`a'" OWNER ADDRESS. 11:i1 NW 7TH T. MIAMI, FL. .�iI+E.-.�t;.f,:a ,� OWNER CONTACT: CHIEF FRANK ROLLA'.;QI1 OWNER CHANGE DATE <Cr/L'r<r/Otj LATITUDE:Ltit-l:/-J* LONGITUDE:00-0' -90 FA' TY'PE: LOCAL, CITY GOVF_RNMs •th11.1 INSTALL UNDER OR TANK INTEGRAL o rITcRINc T:.f(f; TAfl ,. SIZE CONTENT DATE AGOVE TYPE PIPING Eptt4Y T L"M ,^TA^T j 1000 n D Y t r commENT3. ,r j rGtr r i /�e /e'1 IUC7_ -7-7. 'nJ 4 U L' C1I r>� f'I i / nJ�_ l l fG2�7 try`) G.c f GLa el/5 Gt.-1 T4 /tee- .IttFECTIO/1 TYPE (CHOOSE ONE) SITE INFORMATION (ALL THAT APPLY) ROUTINE _ DI SCNA 'CE __ NEAR PL! E- L L _ REPAIRED ,/''fr STALL CLOSURE, CONTAMINATED _._ U7 RADEED __. AGANOON D REINSPECT COMPLAINT — UST ,3 P.ST ACID TANKS HAZARD MAT DER DISTRICT OP LOCAL PROGRAM: _ _ -2 . /'i 1}1. INSPECTOR'S SIGNATURE & D rE < CONTACT NAME (PRINT, 4Z__ �--_ CONTACT'S SIGNATURE & DATE • t 4. • . vti.• 4W4 7.*1/4E 04g ,411,Zr", C11 . ;23r, 71,;`. - , Tt-Vn •-•:7 1r 7, ICA 1. \ r k c•x• ‘1%,, 1 7.:Ma 717, 1:nrs.0.-r,7:1(1 7V70..17A;A:.', .—. • •• METROPOLI"iAN DADE COUNTY ENVIRONMENTAL RESOURCES MANAGEMENT 111 N.W. First Street, Suite 1310 POLLUTION CONTROL USE ONLY Miami, Florida 33128 Tolophorto (305) 375-3364 PERMIT N UNDERGROUND STORAGE FACILITY NEW 1091 ANNUAL OPERATING PERMIT APPLICATION RENEWAL Facility Folio Number: Facility Name: 7/.:1:. t',,= •7j a71i r`/!- .J,%`',,. . -('V. Facility Addross: /'O'S it , `1' il /'� .t,f ri .` Mailing Addross: 5/,•, Owner of Property: t'�,•; ✓.Y P y - .: �" rl ''!i*? i Tol. 1 . Na:N a : .7 r �i - , :` 7 Namo of Lossoo or Lessor: t>, '' Tel. No: r , IAuthorizod Parson (Permittoe).: h!/JiY 41. Tol. No; L- )''`''"f Florida's State Motor Fuel Tank Rogistrtttion Number: 136 ,.. '"'1 Does this facility have any other Operating Permit w/ thin Dopt.? n•/'( If yes, write Operating Permit Numbor(s) Do you have a privato potable water wall at this facility? •"-L' Estimatod Product Thruput (volume/ month): (4''/t Are Monitoring Wrr11s installod? yrc If yos, how many? Are ' oni turinQ Wells oquippod with .a Leak Detection System? '- If yes, what type?? }l TANK INEbS-.iATTO: Complete the following information for all tanks regardless of capacity. A11 tanks, undorcrround orabove, shall bo listed. Manifoldod or siphoned tanks shall bo listed separately. Storage Tanks 1 2 3 4 5 6 7 Undorg,rourtd(U) / Abovoground(A) (,J I Data of Installation Ci fcf. Tank Capacity (gal.Ions) ii 1 Product Stored (c) 1,'- Material of 1Conatruction Tank Systom (a) Piping System (a) ,, Secondary 1 sContainmont Tank System (b) ,.,/;, Piping System (b) '1,4 Submersible or Suction Pump Overfill Protection (Yes or No) y,( 1 Cathodic Protection (Yos Or No) ,-rj • Footnotes: a) MATERIAL OF CONSTRUCTION: Stool S); Stool -Fiberglass Coatod(SF): Fiborglass(F); Othor(0), specify 1.t. /.'.• b) SECONDARY CONTAINMENT: None N Double Wall OW Liner L Tank ( ): ( ); ( ) Jackot(TJ); Othor(0), spocify 1 c) PRODUCT STORED: Loadod Gas1LG)• Unloaded Popular Gas(URG): Premium Unloaded(PU); Diesel Fuol(Dr)• Gasohol(GH): Waste Oi1(W0); Chemical Product P (0), spuci ffy ( (For chomiculQproducts :attach manufacturer s darn shouts) 12-10-90 UTAPPLI j h; il Attach chock for oporating permit foo ($75.00 per tank) made payable to METROPOLITAN DADE COUNTY. (Ploasc noto that this foci yhips lion toy tanks with capacities groator than 1 100 gallons, e is tocatod within tho BASIC DAY PUMPAGE of a potable water wollfiold or is locatod in ni3TAN KS whore bpubl ic i tor) is not :available. in which case ALL st lnvontory control shall bo conducted on a daily basis and records shall bo kopt Tor a minimum of five yoars and roadity availablo to DERM's staff upon roquost. ssberreadmonitoring olls shall be availablo to DEER1 sdstaffeast upononco per request.M°ek and records hallreadily Tho undersigned ownor or authorized roprosontativo is fully aware that tho statements mado in this application for an opporatinp pormit aro truo, I correct, and complete to the bust of his or hor knowlodgo and belief. Furthor the undorsignod agrees to maintain and opoW1te tho ho p llution control facility(ios) in such mannor as to comply provisions of Chaptor 24, Motropolitan Dade County Environmental Protection Ordinance and all tho rules and regulations of tho Department. THE OWNER OR AUTHO- RIZED REPRESENTATIVE ALSO UNDERSTANDS THAT AN OPERATING PERMIT IF GRANT- ED BY THE DEPARTMENT, WILL BE NON -TRANSFERABLE AND HE OR SHE WILL PROMPT- LY NOTIFY THE DEPARTMENT UPON SALE. CHANGE OF LOCATION, OR LEGAL TRANSFER OF THE PERMITTED FACILITY. BE ADVISED THAT THIS ARPLICATION MUST BE FILLED COMPLETELY, EVEN IF THE INFORMATION I5 THE SA,; j A THE PREVIOUS YEAR. i n ,igaturo of Uwnor or• Authorized noprosentativo __ (Notarization is Mandatory) li Sworn to and subscribod before me this it' day of _/:1 fr. 'r +:t tY.`770aK POB IC7,% U._ f FOR POLLUTION CONTROL USE ONLY 0 DISAPPROVED, •-oo attached roquost for additional information. 0 APPROVED, permit conditions: Roviowed by: Failuro to rosuiomit application, including tho roquirod corroctions within the spocifiod timo, can rosult in onforcemont action as well as i asso,.sn;ent of an aftor-tho-fact rosubmittal foo. ...-_.._._._..__.....__._--._._—_..l 2- 1 d- 5 d: U T A P P L 2 ' ENV! ' "- ROPOLITAN DADE COUNTY _NTAL RESOURCES h1ANAGEf.S STORAGE TANK SECTION 111 N.W 1 St, SUITE 1310 AJ MI.ft FL. 3312e / / Datei (a/2.://9/ ✓r- Reviewed byk /3T6-55311 / - - % IY/YJ/ fJiC fj"J-' ' my PROJECT NAME: 4� C ADDRESS: ti - 4 ..,-J�-k.- CONTRACTOR: /e, nr]L Rhone: i/>_,-;v-C U.T r: 3733. , P.0 •: /boy r Approval is hereby granted to the underground storage facilltylles) as described below as .meeting the Polluticn Control reauirements. However. this approval does not relieve the owner and/Or cotractor from their re- sponsibilities of seeking approval from Building and Zoning„ Fire Dec . and/or any other department that may be necessary prior to donstructlo.r. T A N K S QUANTITY CAPACITY MAT'L DF CONSTRUCTION CATHODIC PROTECTION ? u R OUANTITY STATUS DIAMETER C..i..L.D,S -- PIPING FIBERGLASS STEEL COPPER OTHER 1 PROTECTION SYSTEM PRODUCT VENT SEC. CONTA 1r,?Er T TANKS: PIPING: PUMP SYSTEM SUCT ON: SUEMERSIBLE: LINE LEAK DETECTOR: OTHER , ,ter Ai- 4.1,c: s / C. C ✓2iC. ,4/7• f6Y't...'=.i/J '� c.,'+s Ili .J �t s.,../' `v%`'` - , .%', :.a_t ,.e /4--..19 PROVIDED: l.ConstructtOn Is completed according to approved plans. 2.Constructlon on this project must be commenced within one year of this a pprovr.I,otherwtSC plans and speclftCttIOns must be resubmittes For approval by this department. - 3.The water supply for this building shall be In accordtnae with require- ments of Dade County Health Department. 4.AIl water tines Shall be located a minimum horizontal distance of 10 ft. from all septic tanks, dralnfield5. elder ilne..etc. 5.Therc may be county,nuntctoti or other local regulations or restrictions to be complied with by the owner prior to construction of the faculties represented by these plans. We recommend that awproplate locel agencies be consulted before starting construction. S.Thc plumbing layout, eizcs and slopes shall be asprovec by tnc Plumbing Department before Instatiatlon. QE rRor7T TX," EX/Sr/A/6 TA /Jt WITk OVE.PF/LL .VJ CYT'SP/L ( I: H(ES, DRILL Foc/)(4) MoilgoR/A/E, vs/R.15 Amo oho AA/ d4PPRO,K-57, LOc..7)/ AAvD ;a/AT TJ4'HT Z 77c " 0 = PROPOSED 1.JON/TOR/,/G WELL CK. Y_ v✓_ U. G. CK. DEPARTVENT OF PUBLIC WORKS THE CT OF WLUB. PUMDA CATE 5/ ©k I SCALE t" = 201 CITYWIDE .UNDERGROUND RETROFITTING. _ PROJE , t ''Yu 41As:'4f f`iPW+` rx k.tr 71a': o 35va - .'.• CLTa' 4ivR.•..11. FfCiLi ILS z p tT E- cDONOUGH Equipment Co., Inc. 1660 Northwest 19 Avenue Pompano Beach, Fcrida 33069 ins L Avc 1ce-0 c. L tnt::SL T"P•: : ct cry. —4 JIIo B-St FILE 550, E33-TC or fi1.3-TCP Inetallatton Schematic - Typical, pzaci diren;:or; dr4 wlacesn::i arreil h arty'ccr.a raj .n. 6'orper !ocit roc;t4'errer.f$ ?dvterlals Valve bcdp cast a!urrin;;m Float. rrlr tle rubber. closed cell loarn Valve; alurninum Seals: vi!on Lipper I. Lower Drop Tube: aluminum O?W 104AOW-,1212 t.tA2,41-lets.: w/oo,i7..R •NcrE.: COVER tS PATTED WHITE \WM A 0:STIN11\CE. BLACK TRIANGli IN THE CENTER.. ' CPW 84flL4 7Qa7 mompoR 'dr:LI-CAP • • tk, • BEN TCN1TZ SEAL .I" PVC PIPE NOTE.: '..r. fCREEN MUST L.E.,!...ST TWO FT ASOVC. THE IzOkt.ti..L. AWItiAL HCH T A;" r AND ExrEN3 TO '1-;E. BOT704,, t•,1.,..1--9 cr THE CASNC. IN Att. C ASt.S, 1 IV 1HC WELL. SCREEN 1.1...1sT s ( IsT 1, "" 1".----%--...._,F11-71."-C CL°T14 VrliEN CONC1TIONS LEAST FlvE. FEET INTO THE CROUNT . wAizil EiOT No DEEPER ilix:i 6' . rerENT-r Ft"";-: FEE.T... t l, --1*" -":""4" bli14•444400...U.44.11tifi.0147,1.4c3.1;t4.1.1te....1410,i1/21,4_014..0% 1pv4.1.4^• (331' SO. }AN.) • . ,: • • • s:4: • ....I:2.6:421...f •.• • . Ex's-111.4c CONCRETE CR ASPHA-T (TO GE SAWC111 • PVC CAP PO't t • 7.. 6120 S)CA* SAND CR PEA tRA'EL • SCH. 40 .,,,,----'6ELLSCREE14;" 4' PVC SLOTTED P!PE (HORL , FACTCRY OJT, 0.010' CROJNOWA.TER TA1-11 Equipment Co., inc. 16150 Northwest 19 Avenue Pompano Beach, Florida 30959 Florida Statute 376.80 Brownfield Program Administration Process 6/10/13 Statutes & Constitution :View Statutes Online Sunshine Select Year: i 2012 The 2012 Florida Statutes Goj Title XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE Chapter 376 POLLUTANT DISCHARGE PREVENTION AND REMOVAL View Entire Chapter 376.80 Brownfield program administration process.— (1) A local government with jurisdiction over the brownfield area must notify the department of its decision to designate a brownfield area for rehabilitation for the purposes of ss. 376.77-376.86. The notification must include a resolution, by the local government body, to which is attached a map adequate to clearly delineate exactly which parcels are to be included in the brownfield area or alternatively a less -detailed map accompanied by a detailed legal description of the brownfield area. If a property owner within the area proposed for designation by the local government requests in writing to have his or her property removed from the proposed designation, the local government shall grant the request. For municipalities, the governing body shall adopt the resolution in accordance with the procedures outlined in s. 166.041, except that the notice for the public hearings on the proposed resolution must be in the form established in s. 166.041(3)(c)2. For counties, the governing body shall adopt the resolution in accordance with the procedures outlined in s. 125.66, except that the notice for the public hearings on the proposed resolution shall be in the form established in s. 125.66(4)(b)2. (2)(a) If a local government proposes to designate a brownfield area that is outside community redevelopment areas, enterprise zones, empowerment zones, closed military bases, or designated brownfield pilot project areas, the local government shall adopt the resolution and conduct the public hearings in accordance with the requirements of subsection (1), except at least one of the required public hearings shall be conducted as close as reasonably practicable to the area to be designated to provide an opportunity for public input on the size of the area, the objectives for rehabilitation, job opportunities and economic developments anticipated, neighborhood residents' considerations, and other relevant local concerns. Notice of the public hearing must be made in a newspaper of general circulation in the area and the notice must be at least 16 square inches in size, must be in ethnic. newspapers or local community bulletins, must be posted in the affected area, and must be announced at a scheduled meeting of the local governing body before the actual public hearing. In determining the areas to be designated, the local government must consider: 1. Whether the brownfield area warrants economic development and has a reasonable potential for such activities; 2. Whether the proposed area to be designated represents a reasonably focused approach and is not overly large in geographic coverage; 3. Whether the area has potential to interest the private sector in participating in rehabilitation; and 4. Whether the area contains sites or parts of sites suitable for limited recreational open space, cultural, or historical preservation purposes. (b) A local government shall designate a brownfield area under the provisions of this act provided that: 1.. A person who owns or controls a potential brownfield site is requesting the designation and has agreed c..,.,,.,,cc...,...ti c+ri,,,,_zi iRi=Mnn-nsgg/m7A/Sections/0376.80.html 1/5 6/10/13 Statutes & Constitution :View Statutes : Online Sunshine to rehabilitate and redevelop the brownfield site; 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.proposedbrownfield site or area. However, the job creation requirement shall 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; 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; 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, 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 made in a newspaper of general circulation in the area, at least 16 square inches in size, and the notice must be posted in the affected area; and 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. (c) The designation of a brownfield area and the identification of a person responsible for brownfield site rehabilitation simply entitles the identified person to negotiate a brownfield site rehabilitation agreement with the department or approved local pollution control program. (3) When there is a person responsible for brownfield site rehabilitation, the local government must notify the department of the identity of that person. If the agency or person who will be=responsible for the coordination changes during the approval process specified in subsections (4), (5), and (6), the department or the affected approved local pollution control program must notify the affected tocat government when the change occurs. (4) Local governments or persons responsible for rehabilitation and redevelopment of brownfield areas must establish an advisory committee or use an existing advisory committee that has formally expressed its intent to address redevelopment of the specific brownfield area for the purpose of improving public participation and receiving public comments on rehabilitation and redevelopment of the brownfield area, future land use, local employment opportunities, community safety, and environmental justice. Such advisory committee 'should include residents within or adjacent to the brownfield area, businesses operating within the brownfield 'area, and others deemed appropriate. The person responsible for brownfield site rehabilitation must notify the advisory committee of the intent to rehabilitate and redevelop the site before executing the brownfield site rehabilitation agreement, and provide the committee with a copy of the draft plan for site rehabilitation which addresses elements required by subsection (5). This includes disclosing potential reuse of the property as well as site rehabilitation activities, if any, to be performed. The advisory committee shall review any proposed redevelopment agreements prepared pursuant to paragraph (5)(i) and provide comments, if appropriate, to the board of the local government with jurisdiction over the brownfield area. The advisory committee must receive a copy of the executed brownfield site rehabilitation agreement. When the person responsible for brownfield site rehabilitation submits a site assessment report or the technical document containing the proposed course of action following site assessment to the department or the local pollution control program for review, the person responsible for brownfield site rehabilitation must hold a meeting or attend a regularly scheduled meeting to inform the advisory committee of the findings and _mnn mnn/n07c/C-,-+: .... //1'17a an F,+...I 7/t 6/10/13 Statutes & Constitution :View Statutes : Online Sunshine recommendations in the site assessment report or the technical document containing the proposed course of action following site assessment. (5) The person responsible for brownfield site rehabilitation must enter into a brownfield site rehabilitation agreement with the department or an approved local pollution control program if actual contamination exists at the brownfield site. The brownfield site rehabilitation agreement must include: (a) A brownfield site rehabilitation schedule, including milestones for completion of site rehabilitation tasks and submittal of technical reports and rehabilitation plans as agreed upon by the parties to the agreement. (b) A commitment to conduct site rehabilitation activities under the observation of professional engineers or geologists who are registered in accordance with the requirements of chapter 471 or chapter 492, respectively. Submittals provided by the person responsible for brownfield site rehabilitation must be signed and sealed by a professional engineer registered under chapter 471, or a professional geologist registered under chapter 492, certifying that the submittal and associated work comply with the law and rules of the department and those governing the profession. In addition, upon completion of the approved remedial action, the department shall require a professional engineer registered under chapter 471 or a professional geologist registered under chapter 492 to certify that the corrective action was, to the best of his or her knowledge, completed in substantial conformance with the plans and specifications approved by the department. (c) A commitment to conduct site rehabilitation in accordance with department quality assurance rules. (d) A commitment to conduct site rehabilitation consistent with state, federal, and local laws and. consistent with the brownfield site contamination cleanup criteria in s. 376.81, including any applicable requirements for risk -based corrective action.- (e) Timeframes for the department's review of technical reports and plans submitted in accordance with the agreement. The department shall make every effort to adhere to established agency goats for reasonable timeframes for review of such documents. (f) A commitment to secure site access for the department or approved local pollution control program to all brownfield sites within the eligible brownfield area for activities associated with site rehabilitation. (g) Other provisions that the person responsible for brownfield site rehabilitation and the department agree upon, that are consistent with ss. 376.77-376.86, and that will improve or enhance the brownfield site rehabilitation process. (h) A commitment to consider appropriate pollution prevention measures and to implement those that the person responsible for brownfield site rehabilitation determines are reasonable and cost-effective, taking into account the ultimate use or uses of the brownfield site. Such measures may include improved inventory or production controls and procedures for preventing loss, spills, and leaks of hazardous waste and materials, and include goals for the reduction of releases of toxic materials. (i) Certification that the person responsible for brownfield site rehabilitation has consulted with the local government with jurisdiction over the brownfield area about the proposed redevelopment of the brownfield site, that the local government is in agreement with or approves the proposed redevelopment, and that the proposed redevelopment complies with applicable laws and requirements for such redevelopment. Certification shall be accomplished by referencing or providing a legally recorded or officially approved land use or site plan, a development order or approval, a building permit, or a similar official document issued by the local government that reflects the local government's approval of proposed redevelopment of the brownfield site; providing a copy of the local government resolution designating the brownfield area that contains the proposed redevelopment of the brownfield site; or providing a letter from the local government that describes the proposed redevelopment of the brownfield site and expresses the local government's 9.1 101 =nznn_ngoo/m7R/Cw-tint/n37R Rfl html 3/5 6/10/13 Statutes & Constitution :View Statutes : Online Sunshine agreement with or approval of the proposed redevelopment. (6) Any contractor performing site rehabilitation program tasks must demonstrate to the department that the contractor: (a) Meets all certification and license requirements imposed by law; and (b) Will conduct sample collection and analyses pursuant to department rules. (7) During the cleanup process, if the department or local program fails to complete review of a technical document within the timeframe specified in the brownfield site rehabilitation agreement, the person responsible for brownfield site rehabilitation may proceed to the next site rehabilitation task. However, the person responsible for brownfield site rehabilitation does so at its own risk and may be required by the department or local program to complete additional work on a previous task. Exceptions to this subsection include requests for "no further action," "monitoring only proposals," and feasibility studies, which must be approved prior to implementation. (8) If the person responsible for brownfield site rehabilitation fails to comply with the brownfield site rehabilitation agreement, the department shall allow 90 days for the person responsible for brownfield site rehabilitation to return to compliance with the provision at issue or to negotiate a modification to the brownfield site rehabilitation agreement with the department for good cause shown. If an imminent hazard exists, the 90-day grace period shall not apply. If the project is not returned to compliance with the brownfield site rehabilitation agreement and a modification cannot be negotiated, the immunity provisions of s. 376.82 are revoked. (9) The department is specifically authorized and encouraged to enter into delegation agreements with local pollution control programs approved under s. 403.182 to administer the brownfield program within their jurisdictions, thereby maximizing the integration of this process with the other local development processes needed to facilitate redevelopment of a brownfield area. When determining whether a delegation pursuant to this subsection of all or part of the brownfield program to a local pollution control program is appropriate, the department shall consider the following. The local pollution control program must: (a) Have and maintain the administrative organization, staff, and financial and other resources to effectively and efficiently implement and enforce the statutory requirements of the delegated brownfield program; and (b) Provide for the enforcement of the requirements of the delegated brownfield program, and for notice and a right to challenge governmental action, by appropriate administrative and judicial process, which shalt be specified in the delegation. The local pollution control program shall not be delegated authority to take action on or to make decisions regarding any brownfield site on land owned by the local government. Any delegation agreement entered into pursuant to this subsection shall contain such terms and conditions necessary to ensure the effective and efficient administration and enforcement of the statutory requirements of the brownfield program as established by the act and the relevant rules and other criteria of the department. (10) Local governments are encouraged to use the full range of economic and tax incentives available to facilitate and promote the rehabilitation of brownfield areas, to help eliminate the public health and environmental hazards, and to promote the creation of jobs and economic development in these previously run-down, blighted, and underutilized areas. (11)(a) The Legislature finds and declares that: 1. Brownfield site rehabilitation and redevelopment can improve the overall health of a community and the quality of life for communities, including for individuals living in such communities. 2. The community health benefits of brownfield site rehabilitation and redevelopment should be better ._ � - _,^. - �- r-'--�-^^-----�--�:__�_.. o,,....�,.oc,....,,ti c�.;...,-n-i ioi-nznrtnzoainZ7aicorri^„einz7Fsan html 4/5 6/10/13 Statutes & Constitution :View Statutes : Online Sunshine measured in order to achieve the legislative intent as expressed in s. 376.78. 3. There is a need in this state to define and better measure the community health benefits of brownfield site rehabilitation and redevelopment. 4. Funding sources should be established to support efforts by the state and local governments, in collaboration with local health departments, community health providers, and nonprofit organizations, to evaluate the community health benefits of brownfield site rehabilitation and redevelopment. (b) Local governments may and are encouraged to evaluate the community health benefits and effects of brownfield site rehabilitation and redevelopment in connection with brownfield areas located within their jurisdictions. Factors that may be evaluated and monitored before and after brownfield site rehabilitation and redevelopment include, but are not limited to: 1. Health status, disease distribution, and quality of life measures regarding populations living in or around brownfield sites that have been rehabilitated and redeveloped. 2. Access to primary and other health care or health services for persons living in or around brownfield sites that have been rehabilitated and redeveloped. 3. Any new or increased access to open, green, park, or other recreational spaces that provide recreational opportunities for individuals living in or around brownfield sites that have been rehabilitated and redeveloped. 4. Other factors described in rules adopted by the Department of Environmental Protection or the Department of Health, as applicable. (c) The Department of Health may and is encouraged to assist local governments, in collaboration with local health departments, community health providers, and nonprofit organizations, in evaluating the community health benefits of brownfield site rehabilitation and redevelopment. History.—s. 4, ch. 97-277; s. 3, ch. 98-75; s. 11, ch. 2000-317; s.•2, ch. 2004-40; s. 44, ch. 2005-2; s. 7, ch. 2006-291; s. 5, ch. 2008-239. Copyright © 1995-2013 The Florida Legislature • Privacy Statement • Contact Us __ . cf,+. i4.Ccorrh ctrG,.,_RI !RI -n'inn_rnac rr17R/Sarti nns/0376.80. html 5/5 Review of Brownfield Designation Request Review of Brownfield Designation Request This review serves the purpose to report the evaluation and responses to Brownfield Designation Request Applications submitted to the City of Miami in December 2012 by the Goldstein Environmental Law Firm for the following development projects: • West Brickell Tower -1026 SW 2nd Avenue, Miami, FL 33130 • West Brickell View - 144-152 SW 8th Street, Miami, FL 33130 • Vista Grande Apartments - 850 SW 2nd Avenue, Miami, FL 33130 The Goldstein Environmental Law Firm has submitted the applications to the City of Miami for review and official authorization to designate the three (3) subject properties as Brownfield areas for the purpose of obtaining incentives associated with the redevelopment of Brownfield Sites. According to Florida Statute 376.80 if a local government proposes to designate a brownfield area that is outside community redevelopment areas. enterprise zones, closed military bases, or designated Brownfield pilot project areas, the local government shall adopt the resolution and conduct the public hearings in accordance with the requirements of subsection (1), except at least one of the public hearings shall be conducted as close as reasonably practicable to the area to be designated to provide an opportunity for public input on the size of the area, the objectives for the rehabilitation, job opportunities and economic developments anticipated, neighborhood residents' consideration, and other relevant local concerns. Notice of the public hearing must be made in a newspaper ofgeneral circulation in the area and the notice must be posted in the affected area, and must be announced at a scheduled meeting of the local governing body before the actual hearing.." The City of Miami has a current Designated Brownfield Area which excludes the locations currently requested for designation. Furthermore, the request for designation was made from a non - government source. Therefore, as part of the Brownfield Designation process and in accordance to Florida Statute 376.80, the City must evaluate the following factors for each site to determine if they meet the guidelines for being designated a Brownfield Area; 1.) Does a person who owns or controls a potential brownfield site, and is requesting the designation, agree to rehabilitate and redevelop the site. 2.) Does the rehabilitation and redevelopment of the proposed brownfield site 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 are not associated with the redevelopment project, demolition, or construction activities pursuant to the redevelopment of the proposed brownfield site and area. However, the job creation requirement shall 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. 3.) Does the redevelopment of the proposed brownfield site remain consistent with the local comprehensive plan and is a permittable use under the applicable local land and development regulations. 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 and the person proposing the area for designation has afforded to those receiving notice the opportunity for comments and suggestions about rehabilitation. 5.) Does the person proposing the area for designation provide reasonable assurance that he or she has sufficient financial resources to implement and complete the rehabilitation agreement and redevelopment of the brownfield site. Since the properties are outside the current Designated Brownfield Area, each site must also fit the definition of a "Brownfield" site. The EPA, defines a Brownfield property "as real property, in which the expansion, redevelopment, or reuse may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant." The findings within the application review are a combination of evaluating whether each property meets the criteria set forth in Florida. Statute 376.80;whether each site meets the definition of a Brownfield Site, and if the designation is imperative for redevelopment to occur. The primary goals of the Brownfield Redevelopment Act are to reduce public health and environmental hazards on existing commercial and industrial sites that are abandoned or underused due to these hazards; create financial and regulatory incentives to encourage voluntary cleanup and redevelopment of sites; derive cleanup target levels and a process for obtaining a "No Further Action" letter using Risk -Based Corrective Action principles; and provide the opportunity for Environmental Equity and Justice. The Brownfield Process evaluations for each site have been made keeping these goals in mind and are attached for your review. Brownfield Designation Request Determination West Brickell Tower 1026 SW 2nd Avenue Miami, F133130 Folio: 01-4138-051-0110 Property SUMMary,: Current Site Condition: • tinder Construction for 10-Story; 32 One and Two Bedroom Units; Affordable Housing Development Current Conditions of Surrounding Properties: • Extsting Office/RetailiCornmercialtResidential Businesses Former Site Usage (Type of Facility/ and or Business Name): • Residential/Multifamily Housing Former or Current Documented Evidence of Contamination: • None documented at City of Miami or Miami -Dade Department of Regulatory and Economic Resources (RER) Proximity to Nearest Contaminated Property and Description: Citgo G.as Station at 190 SW 8th Street. According to RER website: the Citgo Gas Station is ci;mitaminated due to Former Leaking Underground Storage Tanks, A Site Rehabilitation Completion Order has not been issued for this property which would indicate removal of the contamination, and file records do not reveal migration of contamination onto 1026 SW 2.''d Avenue. Chevron Gas Station at 720 SW 2 Ave; According to RER website, the Chevron Gas Station is contaminated due to Former Leaking Underground Storage Tanks. A Site Rehabilitation Completion Order has not been issued for this property which would indicate removal of the contamination, and file records do not reveal migration of contamination onto 1026 SW 27'4 Avenue Potential for development to be complicated by presence or potential presence of a hazardous substance, pollutant, or contaminant; ▪ Site is already under construction. There are no environmental mitigation requirements documented at 1026 SW 2nd Ave. Evidence of Contamination would have been notated by searching under the address or the -folio of the -following link; "inttoliderm.miarnidade.opviNetFYliggi/NetFYIlsao1DLL?METHOD=Vie%AiSearch&Olass=Permitt.E.? di-Facilitiesaffe.--Lf: or submitting a request to RER for File review via Vandvitamiarnidadegov or visiting Department of Regulatory and Economic Resources (RER)10vertown Transit Village at 701 NW 1s-t Court, 3rd Floor, Miami, Florida 33136 . • According to the application review under RER File DV-V-20120050, the sites were checked as not contaminatedas part of the permit review process (see attachment). • Buildings prior to current development were not dilapidated and vacant for a lengthy amount of time. Evaluation ofsite Lodetermine ifitmeets criteria for Brownfield Designation, |' Site must meet all 5factors for the Brownfield Designation process: lj"Does aperson who owns o,controls u»otenLial brnwnfie|dsbe and isrequesting the designation, agree to rehabilitate and redevelop the dte.' 0 The owner has agreed to redevelop 1026 SW 2� Avenue, and has provided evidence of the ongoing- l) "The rehabilitation arid redevelopment, of the proposed brownfield site will result in economic productivity o[the area, along with Uh*creation nfatleast 5new permanent Jobs atthe bxowofield site thatarehuU-Limeeqoiva|entpositimnsnotassodatedwiththeimplen,entationo(thebrmmnMe!dsite rehabilitation agreement arid that are not associated with the implementation of the brownfield site. rehabilitation agreement and that are not associated with redevelopment project demolition or construction activities pursuant tothe redevelopment o[theproposed brownfie|dsite and area. However, the job creation requirement shill not apply to the rehabilitation and redevelopment offa brovvnfie|dsitpthatvv!|\provideafforda6|ehousingasde0ned|ns.42D.O0U4orthacreadonnf recreational areas'conservation areas, o/pn/ks-" " Theamp|icar�hao�ubmi�cddocumen�at|nninregardo�oihedev�|opmerdu�IOZ8SVK]"a Avenue axmeednQthe requirements nfanaffordable housing development. ° Beyond the temporary job-s that the projeo vvill create during construction; the neighborhood enilers, Would benefit from increased pedestrian traffic. l> "The redevelopment of the proposed brownfield site is consistento)ith the local comprehensive plan and is a permittable use under the applicable local [arid and development regulations.' ° Applicant has provided evidence that the development has satisfied permit requirements, and other land use regulations per Miami ll. The development also does not contrast with the K8iamiCorn prehensiveNeighborhood Plan. 4j"Notice ofthe. proposed rehabilitation cfthe brox"nOaldarea has been provided ozneighbors and nearby residents of the proposed area to be designated, and the person proposing the area for de�ignaticin has afforded to tho 5e receiving notice the opportunity for comments and suggestions about rehabilitation. Notice, pursuant to this subparagraph must be made in a newspaper of general circulation in the area, at least 16 square inches in size, and the notice must be posted in the affected aren^; ° The applicant has provided the reviewer with documentation of a public notice announcement meeting regulatory requirement, and the reviewer ve rified in person that an opportunity for public comment was provided onJanuary 3^Z01l The reviewer attended the meeting for ]O minutes and upuntil that time, no-one showed uptothe meet|ng,. 2 5l"The person proposing the area fordesignak,nhas provided reasonable assurance diatheorshe has qufficient financial resources to implement and complete the rehabilitation agreement arid redevelopment cfthe brnwnfie|6dte°. " The applicant has provided documentation ofthe ability to meet this criteria and construction has begun. U- Site must meet definition ofe"Brownfield": * Definition ofxBrownfield b^nsiprope/tybowhere the mVnonsio4redevelopment, or reuse of which may 6ccumpoca/rd6yactual m-perceived environmental cnnnrm/ootion^; � Per RER'there are noenvironmental mitigation requirements documeocedat 1O26SVV2ndAve, 4cccrdin8toRERFile DVV- 01I0050,thepermh+ing processcd.indica tied beforehand thatthe sites are not contaminated eliminating speculation. � —he Applicant /eferencos the [itgoGas Station atl9O5VV8*St,eetand the [hervpooGas Station at72USVV3nd Ave osbeing obstacles for development, A file review ofRERrecords does not reveal evidence ofcontamination associated with either gas station tobacurrently affecting the development ofl0l6SWl": ° The applicant references the proximity of contaminated gas station to 1026 SW 2"" Avenue as creating the perception that the property could be contaminated,, however The site icalready under construction and any perception has not complicated redevelopment. Furthe/mmne,inorder u,obtain the proper permits prior ,o redevelopment, due diligence must be, done tD confirm whether or not 1026 SW 2rdAvenue |scontaminated. � If a property is contaminated; the developer would need to establish certain risk -based corrective measures toaddress Lhecontamination prior to construction. There isnoevidence ofthe requirement for risk -based correoive action measures while West B/ickeUTower iscurrently under construction. ° Brickell was not included in the ori-inal Desi-nated Brownfield Area because economic and market study data did not suppoothe need for incentives hzattract development projects within that area. ° Although adevelopment imathriving location outside of the current designated Brownfield Area would not autornatically exclude consideration for a Brownfield Designation; the applicant Must demonstrate that aproperty orproperties have experienced long term vacancy due to actual or perceived contimination, the property isnproduct of Community blight, and that availability cfincentives ioimperative for any 3 development tooccur atthe location ofthe proposed deve|upmpnL Aside [nnnthe 'contamination status, especially since Florida Statutes state that a property doesn't necessarily need to he contaminated for designation, the factors of blight and length of vacancy without being sold to a new owner, and with no plans of redevelopment; sho-uld be heavily considered in determining whether a property indeed meets the defioiUonofaBrownfield, * TheprnpertyisooLaBrownhp|d3|tebecausecontaminahonisnotafac*or,andwas not an obstac|etnwardredeve|opment Conclusion - The proposed deveopmentandconstrucdWes t 8r�keUTower Apar�nemz(the "Po�cct'').located atlOZ6S\VZndAvenue, Miami, Kaiami-DadaCounty, Florida 3213O.Fu{ioNo, O1-4I38'051-OIlO(the ''SubjeccPnoperty'')'asmore particularly described io Exhibit A, satisfies al[ five of the applicable Brownfield designation criteria. set forth at Section 376.800(lal, Florida Statutes, as demonstrated herein, The development ofWest 8hcke|!Tower Would beabeneficial nedeve/opmanttothe neighborbood hov«evsrtheneadtodesiQnatees,aBravvnfie|dA»eawou|dbeincongstentwiththedefinitionofa "6rmmnFie,'Jdsite" and the Florida Redeve|opme,tAct. 4 6/21/13 Property Search - Report Property Information: Folio 01-4138-051-0110 Property Address 1026 SW 2 AVE Owner Nam e(s) WEST BRICKBLTOWER LTD Mailing Address 477 SOUTH ROSEMARY AVE #301 WEST PALM BEACH FL 33401 Primary Zone 6402 MC USE -BORDERS CBD Use Code 0081 VACANT LAND Beds/Baths/Half 0/0/0 Floors 0 Living Units 0 Adj. Sq. Footage 0 Lot Size 8,540 SQ FT Year Built 0 Full Legal Description MAMI HGTS A SUB PB 5-29 N45FT LOT 19 & ALL LOT 22 LESS 10FT FOR ST BLK 76 & S 16FT OF LOTS 1 2 3 LESS ElOFT LOT 1 BLK 76 PB B-41 LOT SIZE 61.000 X 140 OR 17007-1188 11951 COC 24742-2794 04 2006 4 IMPORTANT NOTICE The 2013 exemption and assessment values currently shown are preliminary and are subject to change until they are certified on July 1. Assessment Information: Current Previous Previous 2 Year 2013 2012 2011 Land Value $811,300 $192,150 $128,100 Building Value $0 $167,064 $167,064 Market Value $811,300 $359,214 $295,164 Assessed Value $811,300 $324,680 $295,164 Benefits Information: Current Previous Previous 2 Benefd Type 2013 2012 2011 Non -Homestead Caps Assessment Reduction $0 $ $0 Note: not all benefits are applicable to all Taxable Values (ie County, School Board, City, Regional). Disclaimer: MIAMI-DADE COUNTY OFFICE OF THE PROPERTY APPRAISER PROPERTY SEARCH SUMMARY REPORT Carlos Lopez-Cantera Property Appraiser Aerial Photography 2012 Taxable Value Information: Current Previous Previous 2 Year 2013 2012 2011 Exemption) Taxable Exemption/ Taxable Exemption/ Taxable County $0/$811,300 $0/$324,680 $0/$295,164 School Board $0/$811,300 $0/$359,214 $0/$295,164 City $0/$811,300 $0/$324,680 $0/$295,164 Regional $0/$811,300 $0/$324,680 $0/$295,164 Sale Information: Date Amount OR Book -Page Qualification Code 10/2012 $950,000 28377-2472 Sales qualified as a result of exanination of the deed 8/2010 $365,000 27402-1770 Sales qualified as a result of examination of the deed 4/2006 $0 24742-2794 Sales w hich are disqualified as a result of examination of the deed 3/2005 $136,667 23883-2114 Other disqualified 11/1995 $0 00000-0000 Sales w hich are disqualified as a result of examination of the deed 12/1988 $170,000 13911-1525 Sales w hich are qualified 6/1974 $80,000 00000-0000 Sales w hich are qualified 4/1973 $70,000 00000-0000 Sales w hich are qualified The Office of the Property Appraiser and Miami -Dade County are continually editing and updating the tax roll and GIS data to reflect the latest property information and GIS positional accuracy. No warranties, expressed or implied, are provided for data and the positional or thematic accuracy of the data herein, its use, or its interpretation. Although this website is periodically updated, this information may not reflect the data currently on file at Miami-Dadc County's systems of record The Property Appraiser and Miami -Dade County assumes no liability either for any errors, omissions, or inaccuracies in the information provided regardless of the cause of such or for any decision made, action taken, or action not taken by the user in reliance upon any information provided herein. See Miami -Dade County full disclaimer and User Agreement at gisweb.miamidade-go lPropertySearch/printMap.htm 1/2 Site last Lend Wale County Flood Criteria: Lisa: Total. Site: Buiiding: Pavement Perilous: F-latentIon area: Quality: (Stormwater discharge WO Required: roc-!t Dry retention provided: Longitude (E) E Location:.. :ID /4 5"...1-7 A,., fr Basin: c : Coastal'Wetland: (19 Existing Contamination:. (Y) /' tt NGVD Oct_ Water Level: fz Mean High Tide:_,_,,tt Munlclpatity ( 4t4 l Exfiltration trench required: DERNI. ERR Division, W taziost Drainage Well Al Reviewer, er Control Section }g Itit A Project: (1 J'"STSet' tk .W. Polio: r7 t ` `—o5 J -0 ti Engine Date received: '_'f1. Z Tracking # 30-Day Deadline vo.:ril. Tel:'--3-ZiaG Latitude (N): sec: 1 . Twn: -St./i ga: Coastal Construction Line (Y) l Outten to Biscayne Bay (OFW) (Y)�4Nr Adjacent to E€L NFC Property: (Y)1 "` Weinfeld Prnteclion Area: (Y) / f Outstanding Florida Water is 150% of required water quality treatment) WO Provided: Ac-ft Percolation Flacfs�`stlft Ac Recovery Time: Infiltration Palo; r-- lx 'Volume 90 seconds detention: "(6 cf. Size of well booL I l-k W 7 :, tt Exriltration trench provided: Lithet waterqualityr treatment: devlce(s) ity: 5 year design storm: ‘ w red numbsr of drainage wells: 0 Sire of went: 2 in Well capacity: in. Runoff, 0: 1-1 Z, (cfs) Drainage welts provided: J gpm`n Salt Water density: 15 Availabre #-react: 1 i.13 tj Other concerns: 1. Parking garage: NPO Compteten tN) 2. Planters: (Y) 3. Special French drain requires 4. Plumbing plans provided: (N) 5.Manatee grates required? (Yj / (N) Storm Water PollutIon Prevention Plan: i. Narrative ,(.Yj7 (N) 2. Site Pram() (N zs Review: Date 11' Response: Pollution Remedatmon Approval: 4 ERP Required (Y)/(N): Wetlands Approval: ..;/V . Legal: Warranty Deed.Opinior .cstrtia:,{"`rlft L tt Construction Details: fle 4_ C.H!culati 2nd Response: Completeness date: Coastal Approval:4. Crass RINI Required ('Y)/(IV): Maintenance Responsibility: (Y),(N) Covenant i equtred: (Y), (W) .4" • ."/ 131';'••••.: , • ft.1,1,11,114,11 ika.06" . Srt.R. LAW' • (.• ,••••=,Z ta,• %Lt. • k rt-s , t•• 'A-7-f?•••••' • , krat, $ f3,ROCESEMERIth4,:.,-:'? MilMINATNEEn ESIRWATEEMTO ml= I i•14 . • • • • • • ; • LCOR t1.fr Gpaino., FiT ,4•4 155' • 1,, .e1,1"4 . • , ' 7:.:::::::77: :7'iT;;;;;;;Ral7L.C7:•'''•-•1•''''"I'''-•-• ,!::,:,...,,,,,r,,,,T,,,,:' ,w,.„---!-,....-,,,,,T.100,, , .„,,,,,,,-;,,O.Y,,,,:".ewt.':/•,:t1441:1;'-4,',:‘,3i:',..,"1„.H...,,,t.,;.,'",,,i.,..,-;41„.„..1,,,,'-ff.IL-;',`',i,;17,..:'''';''',.zo,...,,i..,:i,.:(7::,,,,Z;z1,•:::: ,7'''' .77.-F-7',..'5%f„,—• ....1.4 1 ' 1...1°.1.a,r.:-1•AVii.ki,G4.1,S..11=4,1‘,11 Nb.'. 41''3 .1S.4111, ,•.',m:.:,,,,;#54...,;:v.v,:__..., *.l.v0..,0;';c4 .„, 6/19/13 Property Search - Report Property Information: Folio 01-4138-051-0110 Property Address 1026 SW 2 AVE Owner Nam e(s) WEST BRICKELL TOWER LTD Mailing Address 477 SOUTH ROSEMARY AVE #301 WEST PALM BEACH FL 33401 Primary Zone 6402 MIX USE -BORDERS CED Use Code 0081 VACANT LAND Beds/Baths/Half 0/0/0 Floors 0 Living Units 0 Adj. Sq. Footage 0 Lot Size 8,540 SQ FT Year Built 0 Full Legal Description MIAMI HGTS A SUB PB 5-29 N45FT LOT 19 & ALL LOT 22 LESS 10FT FORST BLK 76 &S16FT OF LOTS 1 2 3 LESS E10FT LOT 1 BLK 76 PB B-41 LOT SIZE 61.000 X 140 OR 17007-1188 1195 1 COC 24742-2794 04 2006 4 IMPORTANT NOTICE The 2013 exemption and assessment values currently show n are preliminary and are subject to change until they are certified on July 1. Assessment Information: Current Previous Previous 2 Year 2013 2012 2011 Land Value $811,300 $192,150 $128,100 Building Value $0 $167,064 $167,064 Market Value $811,300 $359,214 $295,164 Assessed Value $811,300 $324,680 $295,164 Benefits Information: Current Previous Previous 2 Benefit Type 2013 2012 2011 Non -Homestead Caps Assessment Reduction $0 $34,534 $0 Note: not all benefits are applicable to all Taxable Values (ie County, School Board, City, Regional). Disclaimer: MIAMI-DADE COUNTY OFFICE OF THE PROPERTY APPRAISER PROPERTY SEARCH SUMMARY REPORT Carlos Lopez-Cantera Property Appraiser Aerial Photography 2012 Taxable valve Information: Current Previous Previous 2 Year 2013 2012 2011 Exemption/ Taxable Exemption/ Taxable Exemption/ Taxable County $0/$811,300 $0/$324,680 $0/$295,164 School Board $0/$811,300 $0/$359,214 $0/$295,164 City $0/$811,300 $0/$324,680 $0/$295,164 Regional $0/$811,300 $0/$324,680 $0/$295,164 Sale Information: Date Amount OR Book -Page Qualification Code 10/2012 $950,000 28377-2472 Sales qualified as a result of examination of the deed 8/2010 $365,000 27402-1770 Sales qualified as a result of exarrination of the deed 4/2006 $0 24742-2794 Sales w hich are disqualified as a result of exannation of the deed 3/2005 $136,667 23883-2114 Other disqualified 11/1995 $0 00000-0000 . Sales w hich are disqualified as a result of examination of the deed 12/1988 $170,000 13911-1525 . Sales w hich are qualified 6/1974 $80,000 00000-0000 Sales w hich are qualified 4/1973 $70,000 00000-0000 Sales w hich are qualified The Office of the Property Appraiser and Miami -Dade County are continually editing and updating the tax roll and GIS data to reflect the latest property information and GTS positional accuracy. No warranties, expressed or implied, are provided for data and the positional or thematic accuracy of the data herein, its use, or its interpretation. Although this wcbsitc is periodically updated, this information may not rcflcct the data currently on file at Miami-Dadc County's systems of record The Property Appraiser and Miami -Dade County assumes no liability either for any errors, omissions, or inaccuracies in the information provided regardless of the cause of such or any decision made, action taken, or action not taken by the user in reliance upon any information provided herein. See Miami -Dade County full disclaimer and User Agreement at g isweb.nyamidade.gov1Propert€earch/printMap.htm 1/2 City of Miami Designated Brownfield Area and Enterprise Zone Maps -SWBRD=S asadt -413 1 s: W W 33RD ST a —YFb�o n. EBOTHST— =,J EASd�} 3S"»' 7REASASdREIIR �I�EBIFFINED—%�