HomeMy WebLinkAboutBack-Up DocumentsBrownfield Designation Request Determination
Richman Parkview Gables Development Partners LLC
(Parkview Gables Apartments)
5601-5645 SW 8 Street
Miami, FI 33134
Folios: 01-4106-011-1790; 01-4106-011-1810; 01-4106-011-1860
Property Summary:
Current Site Condition:
• Vacant lots and one-story office building
Current Conditions of Surrounding Properties:
• Commercial retail and residential
Proposed Future Use:
• Multifamily residential rental community consisting of a 120-unit 11 story building currently slated
to be called Parkview Gables Apartments.
Former Site Usage (Type of Facility/ and or Business Name):
• Small Industrial/Auto Repair Facility
Former or Current Documented Evidence of Contamination:
• Miami -Dade Division of Environmental Resources Management (DERM) File IW5-7622 indicates
documented arsenic and lead contamination, including reported industrial waste discharges to
storm drainage system. This contamination has yet to be remediated and sampling activity to
delineate the extent of contamination is ongoing (confirm the boundaries).
Is Current Property Owner Responsible Party for Contamination:
• The DERM file does not reveal evidence that current property owner Richman Parkview Gables
Development Partners LLC caused the contamination, however as current property owners they
are now responsible for addressing the contamination.
Proximity to Nearby Contaminated Properties:
• There are 4 other properties within a l/2 mile radius of the proposed Parkview Gables Apartments
development however none have contributed to the current contamination on site.
Potential for development to be complicated by presence or potential presence of a hazardous
substance, pollutant, or contaminant;
• The State of Florida Statute 376.80(2)(c) facilitates incentives that will allow a voluntary cleanup
party or anyone who did not cause the contamination to offset additional project expenditures that
were incurred for additional testing, remediation, and engineering modifications for a property
redevelopment or re -use of green space. Because of the presence of this contamination, some
or all of the following tactics are likely to occur.
➢ Soil under impervious areas (no water to flow through or human contact), will be capped
with building footprint foundations, concrete surfacing and asphalted parking.
➢ Soil under pervious areas (water can flow through and potential for human contact), must
include combination of 1 foot of clean fill over a non -woven puncture resistant geotextile
fabric -or- 2 feet clean fill layer with no geotextile fabric.
➢ Any excess non -capped soil must be transported to a permitted solid waste facility.
1
➢ If there is any discovered offsite impact in which contamination was derived from property
owned by Richman Parkview Gables Development Partners LLC; source removal must
occur and disposed.
➢ Implementation of a DERM approved Dust Control Plan which shall include air monitoring
samples
➢ Development of a Health and Safety Plan by licensed individual specialized to prepare for
purpose of worker safety on contaminated property.
Evaluation Criteria for Property Brownfield Designation per 376.80(2)(c).
I- Site must meet all 5 factors for the Brownfield Designation process:
Evaluation of Five Main Statutory Criteria for Designation:
1.) "Does a person who owns or controls a potential brownfield site, and is requesting the designation,
agree to rehabilitate and redevelop the site."
• The owner/applicant has agreed to redevelop 5601-5645 SW 8 Street (01-4106-011-1790, 01-
4106-011-1810, 01-4106-011-1860) and has provided evidence of willingness to address
documented contamination at the property via DERM file IW5-7622.
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 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 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."
• The owner/applicant has reported a budget of $41 million that will be spent on local labor,
contractors, consultants, construction materials, furnishings, infrastructure improvements, and
impact fees. After conclusion of the construction project and contracted construction jobs, at
least 5 permanent full-time positions will be created for management and upkeep of the
building.
• Two of the 3 lots that are planned for redevelopment are vacant land with documented
environmental contamination. Continued under-use/non-use of property, in this instance totals
slightly under 1 acre creates an obstacle toward re -use and creation of jobs.
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 and development regulations."
2
• The owner/applicant has quoted information from Miami-21 that is consistent with what is
listed in the plan. The property is located in Urban Core Zone Open District T6-80-0 with land
use designation of general commercial. The T6-8-O zoning district and commercial land use
designations facilitates any proposed residential development at a density of up to 150 units per
acre and maximum height of 12 stories. Richman Parkview proposes to construct 120 units in
an 11-story building with the three lots totaling less than acre combined.
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";
• To date, at least one public meeting has occurred on June 30, 2022 in regards to this project.
The meeting was advertised through a sign posting on June 22, 2022, and a notice published in
the Miami Herald on June 22, 2022, and community bulletin section of Craigslist on June 22,
2022. To date, there have been no public comments received. Additional opportunities for the
public to comment will be available for two public hearings held before the City Commission.
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".
• This evaluation did not include a review of the applicant/owner financial records. However, to
date, the owner/applicant has demonstrated the ability to investigate the extent of
contamination at the site and has a building design to be reviewed for permit by applicable
agencies.
II- Site must meet definition of a "Brownfield":
• Definition of a Brownfield is "real property to where the expansion, redevelopment, or
reuse of which may be complicated by actual or perceived environmental
contamination";
➢ Two of the three lots that are being requested for Brownfield Designation have
documented actual contamination via Miami -Dade Division of Environmental
Resources Management (DERM) file IW5-7622.
➢ The actual contamination, coupled with presence of vacant lots qualifies the
properties to be a Brownfield. Even if there were no sampling activity; the lots
could also fit within the "perceived" Brownfield category as well due to the
previous business commercial activity and documented notice of violation.
3
Conclusion:
The request from Richman Parkview Gables Development Partners LLC to designate 5601-5645 SW 8
Street, Miami, FL 33134 as a Brownfield is a valid request due to the presence of actual contamination,
and the location is outside of the existing City of Miami Designated Brownfield Area. Without the
designation, Richman Parkview Gables Development Partners LLC would not be eligible for voluntary
cleanup incentives. Richman Parkview Gables Development Partners LLC did not cause the
contamination however is proposing to redevelop the vacant and contaminated properties into
Parkview Gables Apartments, which will result in creation of temporary and permanent jobs, re -use of
vacant lots to generate property tax and increase inventory of housing and fill an empty void along that
corridor of SW 8 Street. The city administration does not have any objections.
4
MIAMIDADE�
COUNTY
March 4, 2022
Bruna Real Estate LLC
c/o Manuel Paucar, CPA
5826 Sunset Dr., Suite #302
Miami, FL 333136
Department of Regulatory and Economic Resources
Environmental Resources Management
701 NW 1st Court, 4th F loor
Miami, Florida 33136-3912
T 305-372-6700 F 305-372-6982
CERTIFIED MAIL NO. 7018 0360 0001 4718 6015
RECEIPT REQUESTED
Subject: Request for Site Access
Vacant Lots
5615-5645 SW 8th St.
I W5-7622/F# 01-4106-011-1810 and 01-4106-011-1790
Dear Mr. Paucar:
miamidaclle.gov
This letter pertains to the cleanup of contamination at the above -referenced facility. Please note that assessment data
collected to date indicates that contamination for soil and possibly groundwater may extend onto your property, located
near, at or in the vicinity of 5695 SW 8th St. (F# 01-4106-167-0010 and 01-4106-167-0020), Miami, Florida.
The Miami -Dade County Department of Regulatory and Economic Resources -Division of Environmental Resources
Management (DERM) has been informed by The Goldstein Environmental Law Firm (Goldstein Environmental) and
Terracon Consulting Engineers and Scientists (Terracon) the environmental consultant representing the prospective
buyers for the Vacant Lot, that you have denied access to your property for the purpose of performing supplemental
site assessment activities associated with the contaminant plume of the neighboring property (see attached
correspondences). Please note that granting access to your site will allow the contractor to determine if the
referenced contamination has impacted your property.
DERM hereby requests that Terracon or its designee be granted access to the above referenced location, area along
the eastern boundary of your property boundary (i.e., as shown highlighted in blue on attached map) for the purpose of
conducting soil and/or groundwater investigation, including but not limited to the installation of soil borings,
groundwater monitoring wells, the use of geophysical equipment, site sketches, photographs, etc. Note that
coordination of this work can be conducted to minimize interference with traffic flow.
Be advised that if you fail to grant access within thirty (30) days, you may be required to conduct testing on your
property at your expense.
If you have any questions concerning the above, please contact Tammy Welch (welcht@miamidade.gov) of the
Pollution Remediation Section of DERM at (305) 372-6700. Otherwise, please contact William T. Fabbri of Outline
Holdings at 561-832-1114 or Luca Barroso-Giachetti of Terracon at (786) 877-4363 or via electronic mail,
Lucas.Barroso@terracon.com to coordinate and arrange a convenient time for sampling activities.
If you have any questions regarding this letter, please contact Tammy Welch of the Pollution Remediation Section via
e-mail at welcht@miamidade.gov.
Sincerely,
Wilbur Mayorga, P.E., Chief
Environmental Monitoring and Restoration Division
WM/tw
Enclosures
ec: Oren Hefetz, Outline Holdings, LLC ohefetz@outline-holdinqs.com
Michael Goldstein, Esq., Goldstein Environmental mgoldstein@goldsteinenvlaw.com
Lucas Barroso-Giachetti, Terracon, Lucas.Barroso@terracon.com
Eric Street - DERM
See blue area for
access
0
T
20
Approximate Scale
(Feet)
THIS DI PAM IS FOR GENERAL LOCATION ONL, D IS NOT I ENDED FOR CONSTRUCTION PURPOSES
0
- - IL'''''''../F: -y_
7 �Tyy
4.0 3 0-0.5 1 4.
. 0.28
4-6
22
68
/2 /2021
11/225/2022.6.i
0.5-2' zz
z-4' 22
4-6' 21
12/10/2022
411.
0.0.5' at
n2/10/2022 0-05' 0.751
2-4 0 1.6
46 0.731
68' 0.621
LEGEND
APPROXIMATE SITE BOUNDARY
• APPROXIMATE OFFSITE ASSESSMENT BORING AND
TEMPORARY MONITORING WELL LOCATION
• PROPOSED OFFSITE SAMPLING LOCATION (SOIL ONLY)
• PROPOSED BOUNDARY SOIL BORING FOR NFAC CLOSURE
0
1/25/2022
5-2' S
412
6' 43
8' 8.5
TSB-31 TSB-35
0
SB-38
2/10/2022
0.5'
5-2'
2/10/2022
TSB-38 TSB-51
TSB-36 TSB-39 TSB-52
TSB-3▪ 7 TSB-40 TSB-53
TSB-4▪ G TSB-4▪ 9
TSB50 TSB-54
1/25/2022
SB-39
1/25/2022
0.5'
5-2'
TSB-00
1/25/2022
1-0.s' 17
3.5-2' 7.8
2-4' 12
.4 6' 12
e8' 2.0
2/110/2022 fi]
4' 14
3A
8' 1.0
on62 0-0.5' 20
0.5-2' 19
2-4' 14
4-6' 3.0
6-8' 43
B-37
1/25/2022
82/10/2022
2/10/2022
- -
-05'
47
8.1
2-4
18
-V
4 6'
6.7
4-6'
] 5
6-8.
7.0
6-8'
5.6
68'
1.8
2/ 10/2022 0-0.5' 56
0.5-2' 53
4-6. 63
68' 9.4
Project lAngr
LG
° H821 /10/-3
Drawn By
RLW
Scale
AS SHOWN
checked By
LG/MRF
Ale ND
Approved By
LG
Date MARCH 2022
0<
0
AREA OF FOCUS ON THIS IXHIBR
Proposed Delineation Soil Borings surrounding the ele
vated arsenic concentration area. Samples to be col-
lected from the following depth intervals (in feet bgs):
0 to 0.5
1 0.5 to 2
2 to 4
4 to 6
6 to 8
SW 8TH STREET
NOTES
1. ALL ANALYTICAL RESULTS REPORTED
IN MILLIGRAMS PER KILOGRAM (mg/kg)
2 RSCTL = RESIDENTIAL SOIL CLEANUP
TARGET LEVEL PER CHAPTER 62 ///,
FLORIDA ADMINISTRATIVE CODE (FAC).
3 CSCTL = RESIDENTIAL SOIL CLEANUP
TARGET LEVEL PER CHAPTER62-///,
FLORIDAADMINISTRATIVE CODE (FAC)
4 I = REPORTED VALUES ARE BETWEEN
METHOD DETECTION LIMIT (MDL) AND
PRACTICAL QUANTITATI ON LIMIT (PQL).
5. U =ANALYTE WAS NOT DETECTED,
REPORTED VALUES ARE BELOW MDL
ARSENIC RESIDENTIAL TARGET CLEANUP LEVELS
Residential Soil Cleanup Target Level
Commerical Soil Cleanup Target Level
lrerracon
Consulting Engineers and scientists
16200 20 691M1 Ave 51e 106 Miami Lakes FL33014
(306] 820-1997 (305)820-1998
F*0
CAPA WESTERN BOUNDARY ARSENIC ASSESSMENT
EXHIBIT
PROPOSED SOLESTE PARK OR PARKVIE1N SITE (IINS-7622/FILE NO. 13539)
(MIAMI DADE COUNTY FOLIO NOS. 01-4106-011-1810 & 01-4106-011-1790)
5615 AND 5645 SW 8TH STREET
CORAL GABLES, FL
THE
I14 ICHMAN
ROUP
OF FLORIDA. INC.
477 South Rosemary Avenue, Suite 301
West Palm Beach, FL 33401
(p) 561-832-1114
October 28, 2021
Bruna Real Estate, LLC
c/o Registered Agent
5825 Sunset Drive, Suite 302
South Miami, FL 33143
Attn: Manuel A. Paucar, CPA
Re: Request for Access to Property Located at 5695 SW 8th Street, Miami, FL 33136,
Folio Numbers 01-4106-167-0010 and 01-4106-167-0020, for Soil and
Groundwater Testing Associated with Future Remediation Activities at
Abutting Property to the West
Dear Mr. Paucar:
Parkview Coral Apartments, Ltd. ("Parkview"), has a contract to purchase property located at 5615
and 5645 W 8th Street, Folio Nos. 01-4106-011-1810 and 01-4106-011-1790, in Miami, where we
intend to spend approximately $32,732,891 million to build units of multifamily rental apartments.
The property that Parkview has under contract is currently owed by Outline Holdings, LLC
("Outline"). We think our project, if built, will greatly improve the neighborhood and the value of
land in the neighborhood, including land owned by Bruna Real Estate, LLC ("Bruna") directly to the
west of the Outline property.
We write to you today as Registered Agent for Bruna because our environmental inspections to date
at the Outline property have revealed the presence of contamination in soil and groundwater that
could have migrated onto the Bruna property. We believe this to be a possibility based on testing and
laboratory analysis conducted by our consultant revealing the presence of contamination in both soil
and groundwater just east of the property boundary shared by the Bruna and Outline properties.
If Parkview does takes title to the Outline property, we will be required to not only remediate any
contamination at the Outline property itself but any contamination that has migrated off and away
from the Outline property. Again, this could include the Bruna property. To better understand the
scope of this potential responsibility, we are requesting permission for our consultants to access the
{00047333.DOCX. 1 }
Mr. Manuel A. Paucar, CPA
October 28, 2021
Page 2
parking lot area for purposes of taking soil and groundwater samples. Parkview will hold Bruna
harmless for any damages caused by our consultant in connection with the negligent conduct of this
work and will ensure, at Parkview's sole cost, to restore the property to its original condition prior to
commencement of the work. As reflected on the enclosed sketch, this work will be minimally invasive
and can be performed in 2 days. Parkview will share the results of the analysis with you upon receipt.
We've also enclosed a proposed access agreement for review and consideration by the Bruna
principals.
If you have any questions or concerns, please feel free to reach out to me at 561-832-1114. Thank
you.
Sincerely,
William T. Fabbri
Executive Vice President
{00047333.DOCX. 1 }
ACCESS AGREEMENT
lTerracon
Reference Number: H8217107
DEFINITIONS
The property to which access is granted is: 5695 SW 8 ST, MIAMI, MIAMI-DADE COUNTY, FLORIDA, Folio: 01-4106-167-0010 ("Property").
The legal owner(s) of the Property or person/entity with legal authority to grant access to the Property is: BRUNA REAL ESTATE LLC CIO
MANUEL PAUCAR CPA ("Grantor").
The services to be conducted on the Property are generally described as follows: Service ("Services").
The entity granted access for the purposes of performing the Services is Terracon Consultants, Inc., which shall include its employees,
agents, and subcontractors ("Grantee").
The Services are performed for the benefit of The Richman Group of Florida, Inc. ("Client"), pursuant to the Agreement for Services between
Terracon Consultants, Inc. and Client, date and reference number 08/06/2021 H8217107.
AGREEMENTS
By its signature below, Grantor represents it has authority to, and does, grant access to the Property to Grantee for the purpose of
performing the Services. Grantor agrees that:
• Grantee may drill exploration borings on the Property, using drill rigs, trucks and other equipment, recover and collect soil, water,
and other samples, and perform other actions related to the exploration of surface or subsurface conditions on the Property, as
necessary to perform the Services.
• Grantee may use large truck or track -mounted equipment in the performance of the Services, which is normal and customary in
the performance of these kinds of Services, and that this equipment may leave depressions, wheel tracks, ruts or other marks in
the ground surface.
• Grantor will not interfere with any of the activities of Grantee or undertake any actions regarding the use of Property that would
endanger the health, safety, or welfare of the Grantee employees, agents, or subcontractors, or damage their equipment,
materials, or property.
By its signature below, Grantee agrees:
That upon completion of Services and activities authorized by this Access Agreement, Grantee will remove all material and
equipment utilized by Grantee from the Property, with the exception of ground markers that may be placed on the premises to
designate sampling areas,
• Grantee will remove boring spoils that accumulate around the bore holes, or, where allowable, spread the spoils across the area,
if acceptable to Grantor.
• Grantee will make reasonable efforts to restore the property and leave it in a condition suitable for its previous use. Landscaping
restoration, including seeding or sodding, will not be performed.
The Services and field activities authorized under this Access Agreement may begin after signature of Grantor. Access is granted until
Services are completed, which should not exceed 2 days following commencement of Services, except for period of access necessary for
monitoring equipment, if applicable, after which time all rights of access given by Grantor shall cease.
SIGNATURES
Grantee: Terracon Consultants, Inc. Grantor:
By: Date: 11/10/2021 By:
Name/Title: Name/Title:
Address:
Lucas A. Barroso-Giachetti / Senior
Environmental Engineer
16200 NW 59th Ave Ste 106
Miami Lakes, FL 33014-7541
Phone: (305) 820-1997 Fax:
Email:
Lucas.Barroso@terracon.com
BRUNA REAL ESTATE LLC C/O MANUEL
PAUCAR CPA
Date:
Address: 5826 SUNSET DR 302
MIAMI, FL 33143
Phone: Fax:
Email:
Page 1 of 1 Rev. 8-16
..w 1313/4)
roW..W»
O..mFA1 roww 313333e}00-13333(0.3w3 hafW
LEE
42
(mmq 7'M1
...re 3.031
1r - OLE
1e11 pW11
CVS(FOL ONO.014106.187.0010)
4.14
IOL
o-l.n .-w2ku-aw
..w 4W41
uwna
eu
LE
SU ET,
1003
31203E143
wool. WINO
(M
l:l-ele)
0a
43.3 OD
ro4L..)
0.031
W.I 331 IX
Mr�
B.W. 8th STREET
4-3
MN :110 60.IM1 101-1334
psb y Otte y.
..133 11-1(01130.30e) M.. s)(ea-aaN 3.3 0.3.1N
FOR1ERWESTMNMAURO / �"w a» �`�'+••�
PARTS FACIJTY
(FOLIO N0.0141116M 1A660)
row..) a.:..)
um s um= 3-3113.1.331E
$Qp 0�331!'W-4N "TRH Q_ F1. 03.3iMti%
ewer OEM.� T
l ) 6WaTNSIF6EFNf1WRORDAIMPMIM 6rOFTRANBPORFATpN
- - _ - _ -
w h.3333m
as.w
co -.ea
fiS
85 PROPOSED OFFSITE SAMPLING LOCATION (SOIL ONLY)
Lt . ■ 7� • PROPOSED BOUNDARY SOIL BORING FOR NFAC CLOSURE
Approximate Scale
(Feet)
LEGEND
APPROXIMATE SITE BOUNDARY
0%61411.03111303/43333303.31330.04.3.31001NERT33E013013001 PEWEES
w (0wYM
33.3.313)
luny
33133
(44.30
Le
ernmm
HR7(7107-4
RLW
AS SHOWN
LCY)tF
eomm<1
lG
a
amr.2021
-44
e-1 ae11331» (.e-.W
o...lnre eoy11:1..a sa.�
NISTROICAL SOL ANALYTICAL ROUTS 8 PROPOSED
ECUMARY SAMPLES d Of PSBE SAYRE LOCATION
PROPOSED SOLESTE PARK OR PARKVIEW 1311E 014€7S221FItE NO.13539)
(MIAMI DADE COUNTY FOLIO N05. 014106411-1810 & 014106-011-1790)
5615 AND 5645 SW 8TH STREET
CORAL GABLES, FL
EXHIBIT
U.S. Postal Service'"
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information, visit o
Ce
ilialhr
led Ma Fe
Extra Servcesl
ebsite a1 www.usps.comt.
SE
❑Reuun.Rec&yt
❑PMeneecett(el c)
❑Ceetdled Mali Rea ed Ce9
❑Atlutt Signature Required
QAciutt Signature Restricted
Poste
.75
erase den 4�` 11
To
10 aaraaoa
a /
sveeiand'AR:73F: ir1 naZIGo.
UNITED 5Ti TES
POST/!L SERVICE.
DOWNTOWN WEST PALM BEACH
640 CLEMATIS ST
WEST PALM BEACH, FL 33401-9998
(800)275-8777
11/12/2021
Product
Oty Unit
Price
02:00 PM
Price
First -Class Mail@ 1
Large Envelope
Miami, FL 33143
Weight: 0 lb 1.30 oz
Estimated Delivery Date
Mon 11/15/2021
Certified Mall@
Tracking k:
70203160000008843369
Total
$1.36
$3.75
$5.11
Grand Total: $5.11
Credit Card Remitted
Card Name: MasterCard
Account N: XXXXXXXXXXXX2759
Approval It: 08624P
Transaction N: 439
AID: A0000000041010 Chip
AL: MASTERCARD
PIN: Not Required CAPITAL ONE
$5.11
LISPS is experiencing unprecedented volume
Increases and limited employee
availability due to the impacts of
COVID-19. We appreciate your patience.
Text your tracking number to 28777 (2USP5)
to get the latest status. Standard Message
and Data rates may apply. You may also
visit www.usps.com USPS Tracking or call
1-800-222-1811.
Preview your Mail
Track your Packages
Sign up for FREE @
https://Informeddelivery.usps.com
Earn reward n your b Ines account
purchase of Priority Mail labels
with e USPS Loyaltyprogram by
lick and Shl . Visit
usps.com/smallblzloyalty
for more inf .
United States Postal Service
NOW HIRING NATIO<�WIDE
ar•eer Path Positlors w th Benefits
Apply online /an
www.usps.com/c reers
All sales final on sta ps and postage.
Refunds for guarantee services only.
hank you for- yo r business.
TO11 us about yo r experience.
Go to: ihttps://posta'experience.com/Pas
or scan hls code wi your mobile device,