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File #: Item # 2020-193    Version: 1 Name:
Type: Resolution Status: Passed
File created: 10/21/2020 In control: Town Council
On agenda: 10/28/2020 Final action: 10/28/2020
Title: A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, MAKING FINDINGS AND DESIGNATING REAL PROPERTY IDENTIFIED BY FOLIO NUMBERS 36-6009-005-0015, 36-6009-005-0010, 36-6009-006-0010, 36-6009-006-0012, and 36-6009-006-0011 AS A BROWNFIELD AREA PURSUANT TO SEC. 376.80(2)(A), FLORIDA STATUTES, FOR PURPOSES OF ENVIRONMENTAL REHABILITATION, JOB CREATION, AND ECONOMIC DEVELOPMENT; PROVIDING AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Attachments: 1. Manager Memo-2nd Read-Brownfield Designation Area, 2. Manager Memo-2nd Read-Attach A-Advertisements Notices and Postings, 3. Manager Memo-2nd Read-Attach B-MDWASD Wellfield Protection Areas, 4. Manager Memo-2nd Read-Attach C-Impact on Adjacent Property Values, 5. Manager Memo-2nd Read-Attach D-Comparable Agricultural Sites, 6. Resolution - Cutler Bay Civic And Resiliency Enhancement (CARE) Zone, 7. Town Staff Report-2nd Read-Exhibit A-Legal Descriptions, 8. Town Staff Report-2nd Read-Exhibit B-Map of Subject Parcels, 9. Town Staff Report-2nd Read-Exhibit C-Publix Letter of Request, 10. Town Staff Report-2nd Read-Exhibit D-Site Asmt Report -Publix Site, 11. Town Staff Report-2nd Read-Exhibit E-Phase II Environmental Asmt, 12. Town Staff Report-2nd Read-Exhibit F-Environmental Report, 13. Town Staff Report-2nd Read-Exhibit G-Publix Public Hearing Notices, 14. Manager Memo-1st Read-Brownfield Designation Area, 15. Manager Memo-1st Read-Attach A-Town Staff Report, 16. Manager Memo-1st Read-Attach B- Advertisements Notices and Postings, 17. Resolution - Cutler Bay Civic And Resiliency Enhancement (CARE) Zone, 18. Town Staff Report-1st Read-Exhibit A-Legal Descriptions, 19. Town Staff Report-1st Read-Exhibit B-Map of Subject Parcels, 20. Town Staff Report-1st Read-Exhibit C-Publix Letter of Request, 21. Town Staff Report-1st Read-Exhibit D-Site Asmt Report -Publix Site, 22. Town Staff Report-1st Read-Exhibit E-Phase II Environmental Asmt, 23. Town Staff Report-1st Read-Exhibit F-Environmental Report, 24. Town Staff Report-1st Read-Exhibit G-Publix Public Hearing Notices

 

 

 

M E M O R A N D U M

 

To:                                          Honorable Mayor and Town Council

 

From:                                          Rafael G. Casals, ICMA-CM, CFM, Town Manager

 

Date:                                          October 28, 2020

 

Re:                      Cutler Bay Civic And Resiliency Enhancement (CARE) Zone Designation (BN-2020-006)

 

 

REQUEST

title

A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, MAKING FINDINGS AND DESIGNATING REAL PROPERTY IDENTIFIED BY FOLIO NUMBERS 36-6009-005-0015, 36-6009-005-0010, 36-6009-006-0010, 36-6009-006-0012, and 36-6009-006-0011 AS A BROWNFIELD AREA PURSUANT TO SEC. 376.80(2)(A), FLORIDA STATUTES, FOR PURPOSES OF ENVIRONMENTAL REHABILITATION, JOB CREATION, AND ECONOMIC DEVELOPMENT; PROVIDING AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE.

body.

BACKGROUND

 

This brownfield designation request was initially presented at the October 15, 2020 Special Call Town Council Meeting and is being presented for second reading at the October 28. 2020 Regular Town Council meeting. While this is a Resolution, Florida State Statute requires two (2) public hearings on such designations. Fla. Stat. § 376.80(1)(c)4.b requires that notice of the public hearing must be made in a newspaper of general circulation in the area, must be made 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.  To meet this requirement, notice of the proposed designation was published in the Miami Herald, on October 18, 2020, letters were sent to the effected property owners via certified mail on  October 19, 2020, and signs were posted on SW 208th Street, SW 212nd Street, and Old Cutler Road on October 20, 2020, and the proposed designation was announced prior to the public hearing. Documentation of advertisement, notices and postings are included here as Attachment “A.”

 

During the October 15, 2020 Special Call Town Council Meeting, several questions were raised by Council Members which are addressed here. Vice-Mayor Loyzell requested information on any potential impact of site contaminants on municipal drinking water. Council Member Coriat requested information on the impact of brownfield designations on adjacent property values and information on previous uses of brownfield designations for the redevelopment of parcels with a history of long-term agricultural use.

 

ADDITIONAL INFORMATION BASED ON OCTOBER 15, 2020 HEARING

 

Potential impact of Site Contaminants on Municipal Drinking Water

 

Following the October 15, 2020 Town Council meeting, staff worked with the Town’s environmental consultant to identify any potential impact to municipal drinking water. Attachment “B” provides a map of all wellfield protection areas in Miami-Dade County, which indicates no wellfields near the subject property. Additionally, there are no wellfields within the municipal boundaries of Cutler Bay, and the Town obtains its drinking water from Miami-Dade County from the Alexander Orr wellfield just northwest of the Village of Pinecrest.

 

Impact of Brownfield Designations on Adjacent Property Values

 

A number of peer reviewed academic studies commissioned or funded by U.S. EPA found that a brownfield designation and/or cleanup can increase residential property values between 5.1% and 15.2% and increase property values within a one-mile radius by $500,000.00 to $1.5 million. Specifically, the report Estimating the Impacts of Brownfield Remediation on Housing Property Values published through Duke University’s Economics Working Paper Series, included here as Attachment “C,” found evidence of large increases in property values accompanying cleanup, ranging from 5.1% to 12.8%.

 

Use of Brownfield Designations on Former Agricultural Sites

 

Staff has identified several examples of former agricultural sites which have been designated as brownfields pursuant to § 376.80(2)(A) of Florida State Statutes. Examples include:

                     1700 NW 14th Avenue, Miami, FL - This site was used as a plant nursery and subsequently a debris dump site. The site was found to be contaminated with arsenic, barium, lead, and dioxins/furans.  This sire received a $1,000,000 Brownfields Economic Development Incentive grant from the U.S. Department of Housing and Urban Development.

                     7725 NW 22 Avenue, Miami, FL - This site was used as a plant nursery and was found to be contaminated with arsenic and had groundwater contamination. This site was redeveloped in 2007 as apartments following remediation.

                     SW 139 Avenue/SW 260 Street, and SW 139 Avenue/SW 256 Street Miami, FL- These sites were former agricultural uses which were found to be contaminated with arsenic and chromium in addition to nitrate groundwater contamination. These sites are part of the Miami Urban Village development, consisting of 665 apartment units.

 

Brief project descriptions and comparable agricultural site maps are included as Attachment “D” of this memorandum. Additionally, information on all designated brownfields in Miami-Dade County can be found online at <https://ca.dep.state.fl.us/mapdirect/?focus=brnflds>.

 

RECOMMENDATION

 

As a result of this analysis, staff, in consultation with Town environmental consultant PEAR Inc., has evaluated the four criteria for designation provided by State Statute as well as the environmental data incorporated into the Staff Report by reference and recommends Adoption of a Resolution of the Town of Cutler Bay designating the site as the Cutler Bay Civic And Resiliency Enhancement (CARE) Zone pursuant to § 376.80(2)(A) of Florida State Statutes. 

 

ATTACHMENT(S)

 

Ø                     Attachment “A” - Advertisements, Notices and Postings

Ø                     Attachment “B” - MDWASD Wellfield Protection Areas

Ø                     Attachment “C” - Estimating the Impact of Brownfield Remediation on Housing
                              Property Values
, Duke University Economics Working Paper
                              Series (2012)

 

Ø                     Attachment “D” - Comparable Agricultural Sites.