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HomeMy WebLinkAboutR-2003-137 BROWNFIELD RESOLUTION - 2600 SW 36 Street RESOLUTION NO. 2003- 137 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DESIGNATING CERTAIN PROPERTY WITHIN THE CITY OF DANIA BEACH AS A "BROWNFIELD" IN NEED OF SPECIAL ATTENTION BECAUSE OF THE PUBLIC PERCEPTION OF HAZARDOUS WASTE CONTAMINATION AND / OR THE EXISTENCE OF HAZARDOUS WASTE CONTAMINATION LEADING TO THE UNDER UTILIZATION OF THE PROPERTY LOCATED AT 2600 SW 36TH STREET (2600 COLLINS ROAD); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property having a civil street address of 2600 SW 36th Street (2600 Collins Road) is under utilized as a result of a public perception that the same is a contaminated site and /or the existence of hazardous waste contamination; and WHEREAS, the Broward County Brownfield's Redevelopment Task Force voted to recommend to the City that the City adopt a resolution designating the subject property as an eligible Brownfield site. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this resolution; Section 2. DESIGNATION OF BROWNFIELD SITE: The property having a civil street address of 2600 SW 36th Street (2600 Collins Road), located at SW 26th Terrace and SW 36th Street in the City of Dania Beach, is hereby determined to be and designated as an eligible Brownfield site as a result of the following: a. The property is an industrial property under the City's land use and zoning regulations; Section 3. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. 1 RESOLUTION NO. 2003-137 • Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 28th DAY OF May, 2 03. B B AN ON MAYOR-COMMIS ONER ATTEST: ROLL CALL: COMMISSIONER CHUNN -YES COMMISSIONER FLURY -YES CHARLENE JOH N COMMISSIONER MIKES -YES CITY CLERK VICE-MAYOR MCELYEA- YES MAYOR ANTON -YES APPROVED AS TO F RM AND CORRECTNESS: BY: • THOM S J. NS RO CITY-ATTORNEY i 2 RESOLUTION NO. 2003-137 r AGENDA REQUEST FORM CITY OF ®AMA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: MAY 27,2003 2. DESCRIPTION OF AGENDA ITEM: BROWNFIELD REQUEST—PZI-32-03 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION &BACKGROUND: Brownfield Redevelopment Program, requested by Stephen Tiilbrook, Shutts & Bowen LLP, representing South Florida Sports Committee Inc., for property located at 2600 SW 36" Street, Dania Beach. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Staff Report Resolution Letter from Broward County—Office of Urban Planning & Redevelopment Letter from Dept. of Environmental Protection Review Sheets Brownfield Application Hearing Notice/Mailing List Location Map Site Plan Submitted by: Laurence G. Leeds, AICP, Director Date May 7,2003 Growth Management Department City Manager Date CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT DATE: May 27, 2003 TO: Ivan Pato, City Manager !VIA: Laurence Leeds, AICP, Director C. G FROM: Corinne Church, AICP, Principal Planner SUBJECT: The applicant, Stephen K. Tilbrook,.Esq., on behalf of South Florida Sports Committee, Inc. is requesting to establish a brownfield site designation for the Motocross property located at 2600 SW 36th Street. The applicant is requesting to establish a brownfield site designation for the Motocross. On April 9, 2003 the applicant received unanimous approval by Broward County Brownfields Redevelopment Task Force to recommend the designation of the subject property as a brownfield site or area. The City of Dania Beach makes the final decision relating to designation. The applicant has represented that this property formerly was formerly used as a dump site for solid waste. The property owner was ordered by the court in 1988 to pay fines, remove buried tires, remove petroleum storage tanks and complete corrective action for groundwater contamination. The designation of this site as a brownfield will assist the property .owner in complying with the court order. The applicant has indicated that the property, once clean, would be sold to a developer for the construction of warehouses. According to the Environmental Protection Agency (EPA) web site, the term brownfield site means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant or contamination." Through the Brownfield Cleanup and Redevelopment Program, the EPA helps to environmentally assess existing properties, prevent further contamination, safely clean up polluted properties and design plans to re-use the land. In addition, once established as a brownfield, the property owner may take advantage of many economic incentives established to assist in the costly process of cleaning a site of contamination. Through these incentives, the designation of a brownfield is helping to bring abandoned and under-used industrial sites back into productive use, providing a foundation for neighborhood revitalization and job creation. BR®WAR® COU.N`Y REDEVELOPMENT TASK FORCE RECOMMENDATION The Broward County Brownfield Redevelopment Task Force voted unanimously on April 9, 2003 to recommend approval as a brownfield site or area. STAFF RECOMMENDATION Staff recommends approval of the brownfield site designation. • 9543576563 Apr 25 03 10: 17a Te("--- communications 9 3576563 p. 1 RU � ` COUNTY OFFICE OF URBAN PLANNINGAND REDEVELOPMENT-Administration 115 S.Andrews Avenue,Room 329K•Fort Lauderdale,Florida 33301 •954-357-6612•FAX 954357-8655 April 25, 2003 Ms. Corinne Church, AICP Principal Planner City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Dear Ms. Church: Subject: Dania Beach Motocross/South Florida Sports Committee, Inc. • This letter is confirm that the Broward County Brownfield Redevelopment Task voted unanimously on Wednesday, April 9, 2003 to recommend approval of the South Florida Sports Committee, Inc./Dania Motocross Brownfield application as a brownfield site or area. This vote was phrased in this manner to allow for as much flexibilty as possible for the concerned parties as they move the brownfidd process forward. The site was a former lake that was filled with solid waste. The Florida Department of Environmental Protection sued the 36'Street Acquisition Corporation in order to make the former owners cleanup the site. A Settlement Agreement and Final Judgement issued in 1988 ordered that owner pay fines and expenses pay penalties, remove buried tires, remove petroleum storage tanks and complete corrective action for groundwater contamination. The cleaned up site will be sold to a developer to construct a warehouse. Very truly yours, David Westbury Brownfield Coordinator cc: Stephen Tillrook Broward County Board of County Commissioners Jos©phus Eggellelion,Jr.•Ben Graber•Sue Gunzburger•Kristin D.Jacobs•Ilene Lieberman•Lori Nance Parrish•John E.Rodstrom,Jr.•James A.Scott•Dian Wasserman-Rubin www.brovord.org/ WZO:(ss-ww)Muvvna. .a8 LSC YSB:GIS:).81E1:SM4.91/MAa3SXMd:HAS.tawll 1(. '4 WaIse31 Wd«:MZ COMM lv OA3H.GZ 30Vd Ito tE Oy earnent of Environmental Protection Southeast District Jeb Bush 400 N.Congress Ave.Sulte 200 David B.Struhs Govempr _7 ZQ03 West Palm Beach,Florida 33401 Secretary APRDavid Westbury (email: dwestbury@broward.org) Brownfields C000rdinator Broward Office of Urban Planning and Redevelopment 115 S. Andrews Ave.,Room A540 Fort Lauderdale,FL 33301 RE: Dania Motorcross/South Florida Sports Committee,Inc. 2600 SW 36th Street,Dania Beach,Florida OGC Case No. 87-0289 Dear Mr.Westbury: David Vanlandingham,P.E.,of Broward County's Pollution Prevention and Remediation Division, informed the Department that South Florida Sports Committee,Inc. (Florida Sports),the current owner of the subject property is interested in completing clean up at the site using the Brownfields program. • The cleaned up site would be sold to a developer to construct warehouses. Cleanup is currently being completed through a court order issued in favor of the Department. The Department concurs with Broward County that the site is a candidate for the Brownfields program. It generally qualifies in that there are no RCRA issues and that the owners are generally in compliance with the order. The site was a former lake that was filled-with solid waste. The Department sued the 36th Street Acquisition Corporation (36th Street),the then owner of the property. A Settlement Agreement and Final Judgement issued in 1988 ordered that 36th Street,among other things;pay costs and expenses, pay penalties,remove buried tires,remove petroleum storage tanks,remove drums,and complete corrective actions for groundwater contamination. The order was binding on all future owners of the property. The property was transferred to Florida Sports through a foreclosure action. Florida Sports continued to comply with the order. All items, except for the condition C. (Corrective Actions for Groundwater Contamination),have been completed. Satisfactory progress is being made towards groundwater cleanup. Because of the progress shown by Florida Sports,•the Department is willing to amend the Final Judgement to acknowledge that condition C. (Corrective Actions for Groundwater Contamination) would be completed through the Brownfields program. Compliance with the Brownfields Site Rehabilitation Agreement would then become a condition of the amended Final Judgement. A Satisfaction of Judgement pursuant to the amended Final Judgement would be issued in conjunction with the Brownfields Site Completion Rehabilitation Order once Brownfield groundwater cleanup levels are achieved. "More r�otection, Less Process" Printed an recycled paper. ZOO*d deS I TO E0/80/to SS9e-4SS (•OSS) n!a ^-ras e5u!uue I d R;un O.aemcam WZ0:(ss-WW)Nouvano. _.08 LSE ,o WO)SE31 Wd 16:C4:Z COOZ181t IV oAoa,UC 3OVd Dania Motorcross/South Florida Sports Park Page 2 of 2 The Final Judgement will have to be amended before the Broward Circuit Court. The Department would expect to present a prepared agreement between the Department and the property owner to the COWL Please advise South Florida Sports Committee,Inc. to contact me if the Broward County Brownfields Task Force agrees that this site is eligible for Brownfields redevelopment. You may contact me if you have any questions. My phone number is (561)681-6676. Sincerely, .c . u Lee C.Hoefert,P.E. Brownfields Coordinator cc: David Vaniandingham,Broward DPEP(email: dvanlandingham@broward.org) Brian Penick,South Florida Sports Terry Manning,SFRPC (email: terryman@sfrpc.com) Kirk White,DEP/OGC Roger Register DEP/WCU • File(3) e00'd deS:S0 E0/80/"00 SSSB-LSE (-bS8) n!a ^-1eS 5U!uue I d R lu3 p,xemOag CITY OF DANIA BEACH ROUTING SHEET 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Phone: (954)924-3645 Fax: (954)922-2687 Date: 4/25/03 Folio#: Project Name: Brownfield—So Fla Sports Committee Project: PZI-32-03 VIA: MAIL PICKUP IN-HOUSE X PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE GROWTH MANAGEMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU. FIRE MARSHAL: Ed Tarmey ❑ UTILITIES DIRECTOR: Michael Sheridan ❑ PRINCIPAL PLANNER Corinne Church ❑ LANDSCAPING CONSULTANT: Bill Tesauro tAPPROVED AS SUBMITTED: [ !/ ] [ ] COMMENTS MUST BE ADDRESSED AND RE-SUBMITTED FOR REVIEW DENIED: [ ] PRIOR TO COMMISSION APPROVAL. APPROVED WITH CONDITIONS: [ ] List conditions: Please review revised site plan and return with comments if any. � 1 Signature t A,ZtM,c� Print Name • Z 43 Date Route Sheet Foimdoc CITY OF DANIA BEACH ROUTING SHEET 100 W. Dania Beach Blvd. Dania Beach, FL 33004 • Phone: (954)924-3645 Fax: (954)922-2687 Date: 4/25/03 Folio#: Project Name: Brownfield—So Fla Sports Committee Project: PZI-32-03 VIA: MAIL PICKUP IN-HOUSE X PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE GROWTH MANAGEMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU. ❑ FIRE MARSHAL: Ed Tarmey UTILITIES DIRECTOR: Michael Sheridan ❑ PRINCIPAL PLANNER Corinne Church ❑ LANDSCAPING CONSULTANT: Bill Tesauro • APPROVED AS SUBMITTED: [ ] [ ] COMMENTS MUST BE ADDRESSED AND RE-SUBMITTED FOR REVIEW DENIED: [ ] PRIOR TO COMMISSION APPROVAL. APPROVED WITH CONDITIONS: [ yn ] List conditions: Please review revised site plan and return with comments if any. 1 ,5 o u i am Fgzm �,4 > , 0&1 ELI t I Lf-7 PERZ)mgnlvz y —.rAj TE rz ►oar. 6AsEnnt'� L i m Y�1.USr m�'7G�t �..� / �15So,n.r�T��P�i7 L�5 (� �►'I�A/in2 � Sin,plure Print Name Date Route Sheet Fortndoc City of Dania Beach, Florida • Growth Management Department APR 2 2 2003 Planning and Zoning Division (954)924-3645 Development Application ❑ Variance ❑ Special Exception Date Reed: ❑ Site Plan ❑ Rezoning Petition No.: z ❑ Land Use Change ❑ Assignment of Flex/Reserve Units ❑ Vacation Request Z Other (Brownfileds Appication) This application must be completed in full and submitted along with all necessary documents for it to be processed. THIS APPLICANT WILL NOT BE PLACED ON A BOARD OR COMMISSION'S AGENDA UNTIL IT IS COMPLETE. Refer to the "Application Type"and "Required Documentation" checklist to determine the supplemental documents required with each application. STAFF WILL PROVIDE THE APPROPRIATE CHECKLIST FOR EACH TYPE OF APPLICATION. All required exhibits must be collated in individual sets. Full sized plans submitted shall be signed and sealed by an architect registered In the State of Florida, and other appropriate design professionals. The applicant of record or their authorized legal agent shall present projects to the pertinent board. For after the fad applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. Once placed on an agenda, the applicant or their authorized legal agent must be present at all meetings. Location Address: 2600 SW 36th Street, Dania Beach, FL 33312 (2600 Collins Road) Lot(s): 9, 10 Block: I Subdivision: iMlas$halls Evesalades Recorded Plat Name: Unplatted Folio Number(s): See attached Legal Description: see attached, survey four (4) parcel printouts from Broward County Property Appraiser Present Zoning: IR014 Present Land Use:Industrial Explanation of Request: See Brownfield Application Brownfields Redevelopment Program to Broward County on 3/11/2003. per ft. Prop. Net Acreage: * Gross Acreage: 523,762 Prop.Square Footage: Value of Improvement�st. $10,000,000. Est'd Date of Completion: 1-2 years Will Project be Phased: No If yes, Est'd Completion of each Phase: Existing Use: 12 acre light industrialproposed Use: Development of an industrial warehouse zoned property presently occupied by a motor cross track. complex. Name of Applican nsuitant/ epresentative(circle one): Stephen R. Tilbrook, Esq. Address of Applicant: Shutts 6 Bowen LLP, 200 E. Broward Blvd., Suite 2000, Ft. Lauderdale FL 33301 Business Telephone: 954-524-5505 Home: Fax: 954-524-5506 Updated 3/14/03 * SEE ATTACHED SURVEY AND SITE PLAN. Name of Property Owner: South Florida Sports Committee, Inc. . Address of Property Owner: 2600 SW 36th St., Dania Beach, FL 33312 (2600 Collins Rd.) Business Telephone: 954-325-5171 Home: Fax: 954-796-4074 Ust any additional action(i.e. special exception,variance, rezoning,etc.)that may be needed to support the proposed project: None List all previous action that has occurred on this property: NOTE: ALL SIGNATURES DUST BE NOTERIZED BY ORDERED OF DANIA BEACH CITY COMMISSION. Swom o and strib'efore me Applicant/Co su nt/Re r tative: s / day20Q — Signature• �;^ Date: ste..4x". V e�(4/'aa�& Sign Name of N (Print Na e) S to of( � 200 East Broward Boulevard, Suite 2000 f�� C Fort Lauderdale, FL 33301 61ama s�� Street Address, City, State and Zip Code 4 CATHERINE O.ZACCARDO -, .. ftfW"%gpD170513 954-524-5505 (Ph); 954-524-5506 (fax) EXPIRES Decembers Telephone No. &Fax No. • 21 THEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY, PLEASE COMPLETE THE FOLLOWING: This Is to certify that I am the owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscoped b9fore m& Owner: This n J-day of 20(29 Signature � Date: kick Ste e of N ry ub is (Print Name) Fla I n /lSl-. U W• lo. l Print Name of Notary Street Address,City, Sfate and Zip Code Commission Ex fires: • �' n i q S ERG�c� Q.IACCARW Telephone No. &Ni No. • ;,. MY COMMISSION#DD 170513 EXPIRES:Deoember 21,2006 , gonad TMu No"Pti*Wftwbx i Explanation for Request Justification for Brownf eld Site Determination The Subject Property is an undeveloped parcel that is zoned IROM and has been identified by the City of Dania Beach as an important parcel for the development of tax base for the community. The current owner; South Florida Sports Committee, Inc. ("SFSC"), purchased the parcel in 1993 as a former illegal dump site. SFSC commenced upon a 10-year effort to clean the site and develop an economically beneficial use. SFSC has negotiated to sell the Property to Greystar for the purpose of development of an office/warehouse/distribution center consistent with the IROM zoning. The applicant seeks a Brownfields designation in order to access economic development incentives, and as a means of establishing closure for the cleanup of the site. Pursuant to Sect. 376.79,Florida Statutes,Brownfields sites are defined as follows: Sites that are generally abandoned,idle or underutilized industrial or commercial properties where expansion or redevelopment is complicated by actual or perceived environmental contamination. The Subject Property and redevelopment plan meet the criteria set forth by statute: 1) The Property is an underutilized industrial site. The Property is zoned IROM,but is used as a motor-cross park - thereby generating little tax base for the City of Dania Beach. The proposed redevelopment will add tax base and provide important services for this industrial use area of the City. 2) The redevelopment of the Property is complicated by actual or perceived environmental contamination. The proposed redevelopment of the Property will create nearly 90 jobs. The historic environmental contamination of the site has prevented the sale and redevelopment of the Property. Through a Brownfields determination, the Applicant may access alternative cleanup criteria, as well as economic incentives which make the redevelopment process more attractive and feasible. 3) The redevelopment of the Property is consistent with the local comprehensive plan, and is permittable under current zoning. 4) Notice of the proposed Brownfield designation will be made to neighbors and nearby residents. 5) The Applicant and development team have the financial capacity to undertake the proposed project. On April 9, 2003, the Broward County Brownfields Task Force evaluated the pending application for Brownfield designation and unanimously endorsed the application. The Broward County Brownfields Task Force recommends that the Subject Property meets the criteria set forth in Sect. 376.79, F.S., and that the City of Dania Beach designate the Subject Property as a Brownfield Site. • FTLDOCS 5075778.1 ALA NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH PUBLIC INFORMATION HEARING 01W DESIGNATION OF BROWNFIELD REDEVELOPMENT SITE NOTICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission on May 27, 2003 at 7:00 p.m., or as soon thereafter as possible, in the City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following requests: THIS IS A PUBLIC HEARING TO INFORM COMMUNITY RESIDENTS IN THE PROJECT VICINITY ABOUT THE NATURE AND POSSIBLE IMPACTS OF BROWNFIELD REDEVELOPMENT SITE DESIGNATION. THE BROWARD COUNTY BROWNFIELD TASK FORCE AND THE CITY OF DANIA BEACH ARE PROPOSING THAT THIS SITE BE DESIGNATED AS A BROWNFIELD SITE. PROJECT DESCRIPTION: PZI-32-03 - Request by Stephen K. Tilbrook, Esq. representative for South Florida Sports Committee, to establish a brownfield designation for a property located at 2600 SW 36th Street,(2600 Collins Rd.) Dania Beach, Florida. PROJECT DESCRIPTION: PZI-33-03 - Request by Stephen K. Tilbrook, Esq. representative for MABB, LLC., to establish a brownfield designation for a property located at 2740 SW 36th Street (2740 Collins Rd.), Dania Beach, Florida. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Charlene Johnson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954)924-3622, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the City Commission with regard to any matter • considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Published—Friday, May 16, 2003 tL CT MABB,LLC Site _ South Florida Sports conytitte Site SW 31 0 1 M 9 w �a () - 00 0 N (Q O)O Ne � CD � N Z0WCD � N - CO O L p am Ocr) mmaO) Occicm0 coo M MM MM M O N js q N w J r, .. 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