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HomeMy WebLinkAboutR-13-0476City of Miami Legislation Resolution: R-13-0476 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00722 Final Action Date: 11/21/2013 A RESOLUTION OF THE MIAMI CITY COMMISSION FINDING THAT THE CRITERIA FOR DESIGNATION AS A BROWNFIELD AREA DOES NOT EXIST FOR THE PROPERTY LOCATED AT 850 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA ("PROPERTY"), FOR THE DEVELOPMENT OF VISTA GRANDE APARTMENTS, A MULTI -LEVEL APARTMENT BUILDING WITH EIGHTY NINE (89), ONE AND TWO BEDROOM AFFORDABLE HOUSING UNITS, IN ACCORDANCE WITH FLORIDA STATUTE 376.80 SECTION 2(B)(1-5). 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, 144 and 152 Southwest 8th Street, 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, the City Commission has considered the applicability of the definition of Brownfield sites contained in 376.80, Florida Statutes, which means real property, the expansion, redevelopment, or reuse of which may be complicated by actual or perceived environmental contamination; and City of Miami Page 1 of 3 File Id: 13-00722 (Version: 2) Printed On: 9/21/2017 File Number: 13-00722 Enactment Number: R-13-0476 WHEREAS, the City Commission has considered that the definition of "Brownfield Area" means 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 by resolution, and such areas may include all or portions of community redevelopment areas, enterprise zones, empowerment zones, other such designated economically deprived communities and areas, and Environmental Protection Agency -designated Brownfield pilot projects; and WHEREAS, according to Florida Statute 376.80(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 finds that no evidence exits that there is any complication or any potential for complication with regards for the development of the site; and WHEREAS, based upon Florida Statute 376.80(2)(a)1-5, and the need to look at the definitional section of Brownfield sites and areas in Florida Statute 376.79(3)(4), the City Commission finds no record evidence of environmental contamination based on the record presented before the City Commission; and WHEREAS, the City Commission finds that the criteria for the designation of a Brownfield Area does not exist for the Property to be also known as the "Vista Grande Apartments" ; 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 finds that the criteria for the designation of a Brownfield Area does not exist for the Property to be also known as the "Vista Grande Apartments." Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} City of Miami Page 2 of 3 File Id: 13-00722 (Version: 2) Printed On: 9/21/2017 File Number: 13-00722 Enactment Number: R-13-0476 .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. City of Miami Page 3 of 3 File Id: 13-00722 (Version: 2) Printed On: 9/21/2017