HomeMy WebLinkAboutR-14-0303City of Miami
Legislation
Resolution: R-14-0303
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00566 Final Action Date: 7/24/2014
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DESIGNATING THE PROPERTIES LOCATED AT 3045 SHIPPING AVENUE, 2795
SOUTHWEST 37TH AVENUE, 3400 GRAND AVENUE, 3349 PAN AMERICAN
DRIVE, 4355 SOUTHWEST 42ND AVENUE, AND 140-142 SOUTHWEST 11TH
STREET, AS BROWNFIELD SITES WITHIN THE CITY OF MIAMI, FLORIDA, FOR
THE PURPOSE OF ENVIRONMENTAL REHABILITATION AND PURSUANT TO
FLORIDA STATUTES SECTION 376.80, ET. SEQ., WITH OTHER CONDITIONS AS
STATED HEREIN.
WHEREAS, the properties located at 3045 Shipping Avenue, 2795 Southwest 37th Avenue,
3400 Grand Avenue, 3349 Pan American Drive, 4355 Southwest 42nd Avenue, and 140-142
Southwest 11th Street, Miami, Florida ("Properties"), are owned by the City of Miami ("City"); and
WHEREAS, certain contaminants in excess of the Residential Cleanup Target Levels were
discovered in the soil at 3045 Shipping Avenue, Miami, Florida (Blanche Park), on or about
September 4, 2013, as more particularly described in Exhibit "1", attached and incorporated; and
WHEREAS, certain contaminants in excess of the Residential Cleanup Target Levels were
discovered in the soil at 2795 Southwest 37th Avenue, Miami, Florida (Douglas Park), on or about
November 13, 2013, as more particularly described in Exhibit "1", attached and incorporated; and
WHEREAS, certain contaminants in excess of the Residential Cleanup Target Levels were
discovered in the soil at 3400 Grand Avenue, Miami, Florida (Billy Rolle Park), on or about December
23, 2013, as more particularly described in Exhibit "1", attached and incorporated; and
WHEREAS, certain contaminants in excess of the Residential Cleanup Target Levels were
discovered in the soil at 3349 Pan American Drive, Miami, Florida (Site of Future Regatta Park), on or
about April 26, 2013, as more particularly described in Exhibit "1", attached and incorporated; and
WHEREAS, certain contaminants in excess of the Residential Cleanup Target Levels were
discovered in the soil at 4355 Southwest 42nd Avenue, Miami, Florida (Merrie Christmas Park), on or
about September 20, 2013, as more particularly described in Exhibit "1"; attached and incorporated;
and
WHEREAS, certain contaminants in excess of the Residential Cleanup Target Levels were
discovered in the soil at 140-142 Southwest 11th Street, Miami, Florida (Southside Park), on or about
December 23, 2013, as more particularly described in Exhibit "1", attached and incorporated; and
WHEREAS, the City has already undertaken assessment and remediation of the Properties in
accordance with local and State law; and
WHEREAS, pursuant to Resolution No. 98-242, adopted March 10, 1998; Resolution No.
City of Miami
Page 1 of 3 File Id: 14-00566 (Version: 11 Printed On: 1/9/2018
File Number: 14-00566 Enactment Number: R-14-0303
99-197, adopted March 23, 1999; Resolution No. 05-0117, adopted February 24; 2005; and
Resolution No. 06-0561, adopted September 28, 2006, the City Commission designated certain areas
within the City to be Brownfield Areas, which contain vacant, blighted, or underused property that
might be limited by actual or perceived environmental contamination, as more particularly described in
Exhibit "2", attached and incorporated; and
WHEREAS, the Properties are located outside of the current City Brownfield Area previously
designated, shown on the map marked Exhibit "3", attached and incorporated; and
WHEREAS, the City desires to designate the Properties as Brownfield sites; and
WHEREAS, the City agrees to rehabilitate and remediate the Properties; and
WHEREAS, the rehabilitation and redevelopment of the Properties will result in the creation of
recreational areas and parks; and
WHEREAS, the Property use is consistent with the local comprehensive plan and are
permissible uses under the applicable local land development regulations; and
WHEREAS, the Properties are designated as City parks and will remain as City parks; and
WHEREAS, the City has sufficient financial resources to implement and complete the
rehabilitation agreement and restoration of the Properties; and
WHEREAS, the City has considered the following criteria set forth in Florida Statutes Section
376.80(2)(a) in designating the Properties as Brownfields, as more particularly described in Exhibit
"4", attached and incorporated: (1) whether the Brownfield site 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,
conservation areas, or parks; and
WHEREAS, pursuant to Florida Statute 376.80(1)(c)(1) of the Florida Brownfields
Redevelopment Act, the City shall 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 determined that the Properties have met the criteria to
be designated as Brownfield sites;
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 fully set forth in this Section.
Section 2. The City Commission designates the Properties as Brownfield sites within the City,
City of Miami Page 2 of 3 File Id: 14-00566 (Version: 11 Printed On: 1/9/2018
File Number: 14-00566 Enactment Number: R-14-0303
for the purpose of environmental rehabilitation and pursuant to Florida Statutes Section 376.78, et.
seq.
Section 3. In accordance with the Brownfields Redevelopment Act, Section 376.80(1), 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 designation of the Properties as Brownfield sites, and to undertake any
other necessary related procedures, notices, and requirements for said designation.
Section 4. The map of designated Brownfield sites and areas shall be updated to include the
Properties.
Section 5. Simultaneous to the designation, the City will continue remediation of City parks
affected by contamination, enter into a Brownfields Site Rehabilitation Agreement for each park, and
apply for Voluntary Cleanup Tax Credits upon obtaining a Site Rehabilitation Completion Order.
Section 6. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.{1}
Footnotes:
{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: 14-00566 (Version: 11 Printed On: 1/9/2018