Miami-Dade Legislative Item
File Number: 031865
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File Number: 031865 File Type: Resolution Status: Adopted
Version: 0 Reference: R-944-03 Control: County Commission
File Name: THE CITY OF NORTH MIAMI Introduced: 6/25/2003
Requester: Department of Planning & Zoning Cost: Final Action: 9/9/2003
Agenda Date: 9/9/2003 Agenda Item Number: 7N1A
Notes: PROCESSED BY KGM (JAM 7/9/2003) & (JAM 7/11/2003) Title: RESOLUTION APPROVING AND CONSENTING TO THE TRANSFER OF PROPERTY OWNED BY THE CITY OF NORTH MIAMI TO PRESERVE PARTNERS, LTD.
Indexes: CDMP
Sponsors: Sally A. Heyman, Prime Sponsor
  Dorrin D. Rolle, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 9/9/2003 7N1A Adopted P

Governmental Operations and Environment Committee 7/15/2003 3CC Forwarded to BCC with a favorable recommendation P
REPORT: Chairperson Seijas stated she could not support the proposed resolution until the school location was identified. Chairperson Seijas asked Assistant County Manager Hernandez to restructure and redirect the school zoning on the proposed resolution. She asked that revisions be completed prior to the item being placed on the Board of County Commissioners' agenda, because if the item was approved it was subject to ratification by the County Manager. The following individuals appeared before the committee in support of the foregoing proposed resolution. - Irma J. Plummer, City Manager, City of North Miami - Clifford A. Schulman, Attorney, City of North Miami Ms. Plummer noted, in response to Chairperson Seijas' concern regarding the proposed site for the Charter School, efforts would be made to identify an alternative site for the school. Mr. Schulman advised that the City of North Miami agreed to submit an appropriate resolution to the County providing for a binding agreement in terms of compliance. There being no one else wishing to appear, the public hearing was closed. The committee by motion duly made, seconded and carried forwarded the foregoing resolution to the Board of County Commissioners with a favorable recommendation.

County Attorney 7/14/2003 Assigned Thomas Goldstein 7/14/2003

County Manager 7/14/2003 Assigned County Attorney 9/9/2003
REPORT: P&Z (GOE 7/15 ADDON)The changes have been made.

County Manager 7/11/2003 Assigned Thomas Goldstein 7/11/1903
REPORT: RETURNED FOR CORRECTIONS

County Attorney 7/11/2003 Assigned County Manager's Office

County Attorney 7/11/2003 Assigned Thomas Goldstein 7/11/2003

County Manager 7/11/2003 Assigned County Attorney 9/9/2003
REPORT: PLANNING & ZONING (GOV-E COMTE 7/15/2003)

County Attorney 7/9/2003 Assigned County Manager's Office
REPORT: returned for changes

County Attorney 7/9/2003 Assigned Thomas Goldstein

County Manager 7/9/2003 Assigned County Attorney 9/9/2003
REPORT: DEPARTMENT OF PLANNING & ZONING

County Attorney 7/9/2003 Assigned County Manager's Office
REPORT: RETURNED FOR CHANGES

County Attorney 7/9/2003 Assigned Thomas Goldstein

County Attorney 7/9/2003 Assigned County Manager's Office
REPORT: RETURNED FOR CHANGES

County Attorney 7/8/2003 Assigned Thomas Goldstein

County Manager 7/8/2003 Assigned County Attorney 9/9/2003
REPORT: Returning item with requested changes. (GOE 7/15)

County Attorney 6/30/2003 Assigned County Manager's Office

County Attorney 6/27/2003 Assigned Thomas Goldstein 6/30/2003

County Manager 6/25/2003 Assigned Governmental Operations and Environment Committee 7/15/2003

County Manager 6/25/2003 Assigned County Attorney 9/9/2003
REPORT: P & Z (GOE 7/15/2003)

County Manager 6/25/2003 Assigned Pete Hernandez 6/25/2003 6/25/2003

Legislative Text


TITLE
RESOLUTION APPROVING AND CONSENTING TO THE TRANSFER OF PROPERTY OWNED BY THE CITY OF NORTH MIAMI TO PRESERVE PARTNERS, LTD.

BODY
WHEREAS, Section 2-11.2 of the Code of Miami-Dade County states that no municipal corporation in Miami-Dade County, Florida shall sell or convey all or any part of any tract of real property ten (10) acres or more in contiguous area until such time as the Board of County Commissioners shall have approved and consented to such sale or transfer; and
WHEREAS, such review and consideration shall be based upon full and complete information and data concerning the contemplated sale or transfer of such real property that is submitted to the Board of County Commissioners; and
WHEREAS, the City of North Miami, Florida (the City) is the owner of the real property described in the letter and Agreement attached hereto as Exhibit "A" (the "Property"); and
WHEREAS, the City wishes to convey the Property to Preserve Partners, Ltd., under a long term lease pursuant to that agreement between the City of North Miami and Preserve Partners, Ltd., dated November 26, 2002, the same being real property ten (10) acres or more in contiguous area; and
WHEREAS, pursuant to ss.163.3184 and 163.3187, Florida Statutes the City has filed with the Department of Community Affairs amendments to the North Miami Comprehensive Plan establishing criteria for the designation of a Regional Activity Center and for the designation of the North Miami Urban Infill Regional Activity Center, wherein the Property is located, and creating a citywide Urban Infill Area (UIA) and citywide Transportation Concurrency Exception Area (TCEA), Plan; and
WHEREAS, it is stated under "Legislative Intent" in the Adopted Components of the Comprehensive Development Master Plan (CDMP) of Miami-Dade County that it is the intent of
the Board of County Commissioners that the right of all municipalities in Miami-Dade County to enact and administer comprehensive planning and land development regulation programs to govern development-related activities solely within their respective incorporated jurisdictional boundaries as provided by Chapter 163, Part 2, Florida Statutes, is generally reserved and preserved to the municipalities; and
WHEREAS, it is further stated as Legislative Intent that the CDMP shall not supersede authority of incorporated municipalities to exercise all powers relating solely to their local affairs provided that among the fundamental growth management components of the CDMP that are necessary to carry on a central metropolitan government in Miami-Dade County and that serve as minimum standards for zoning, service, and regulation to be implemented through all municipal comprehensive plans and land development regulations, that policies which provide that the County shall maintain and utilize its authority provided by the Miami-Dade County Charter to maintain, site, construct and operate pubic facilities in incorporated and unincorporated areas of
the County; and
WHEREAS, Miami-Dade County Water and Sewer Department (WASD) owns and operates the North District Wastewater Treatment Plant north of and adjacent to the proposed project site across NE 151 Street; and
WHEREAS, CDMP Water and Sewer Subelement Policy 1F provides that the County shall use all practical means to assure that land in the vicinity of water and wastewater treatment facilities is developed for a use that is compatible with the operation of said facilities, and the County shall discourage changes to the Land Use Plan map or land development regulations which would permit land uses that are incompatible with the continued operation or planned expansion of these facilities, and residential uses shall be considered incompatible with these public facilities where spillovers, particularly noise and odor, can reasonably be expected; and
WHEREAS, in view of such requirements, , the City Manager has provided a letter dated July 8, 2003 recognizing that the wastewater treatment plant is a public facility of County-wide significance, and that as such, the City must take into account the presence and operations of the facility when considering comprehensive development plan amendment applications, zoning applications, and other land use matters affecting the subject site, and has also agreed to provide notice to the County of all public hearings and proceedings at which the City considers such land use decisions; and
WHEREAS, it is in the best public interest to insure that future land owners and residents within this development are aware that Miami-Dade County's North District Wastewater Treatment Plant is located within one mile of this property; and
WHEREAS, the City of North Miami and the Miami-Dade County Department of Environmental Resources Management (DERM) entered into a Consent Agreement dated February 10, 1998, which is attached hereto and incorporated herein by reference as Exhibit B, which establishes that the City of North Miami has a legal responsibility, as the owner of the Property, to properly close the Munisport Landfill, to prevent contaminated groundwater discharging from the landfill from having an unacceptable adverse effect on the mangrove preserve and on Biscayne Bay, to remediate contaminated groundwater and surface water, to restore and maintain the wetlands adjacent to the landfill which were altered by landfill operations, and to breach a dike, between the mangrove preserve and the altered wetlands located north and west of the mangrove preserve, at an appropriate time; and
WHEREAS, notwithstanding Sections 12.3 and 12.5 of the Lease Agreement which transfers the City's responsibilities and obligations for remediation of the site and closure of the landfill to Preserve Partners, LTD., the City remains obligated to fulfill the responsibilities contained in the binding Consent Agreement between Miami-Dade County DERM and the City; and
WHEREAS, the conveyance of the property must be in conformance with the Miami-Dade County Comprehensive Development Master Plan (CDMP) and the City of North Miami Comprehensive Plan; and
WHEREAS, the conveyance of the Property is in the best interests of the public to facilitate remediation of the contaminated Property and development of the Property as proposed and will further urban infill development objectives of both the City and the County,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Board, in reliance upon assurances contained in a letter dated July 8, 2003, from the City of North Miami City Manager, finds the transfer of land owned by the City of North Miami to Preserve Partners, Ltd. in conformity with the County's Comprehensive Development Master Plan and not contrary to the best interest of the public.

HEADER
To: Honorable Chairperson and Members Date:
Board of County Commissioners
From: George M. Burgess Subject: Approval of Land Transfer from
County Manager City of North Miami to Preserve
Partners, LTD. and Conformity
with CDMP

STAFF RECOMMENDATION
It is recommended that the Board approve the attached resolution consenting to the transfer of 193 acres of land owned by the City of North Miami to Preserve Partners, LTD. This recommendation is in reliance on correspondence from the City of North Miami assuring the County that the City will 1) providing notice to the County of all public hearings and proceedings at which the City is to consider land use matters affecting the subject site; 2) requiring the developer of any portion of said property to record I the public records a notice that the proposed development is within one mile of a wastewater treatment facility of County-wide significance and that notice shall be given to and signed by buyers contemporaneous with signing purchase contracts within said development; and 3) complying with all terms and conditions of the environmental remediation Consent Agreement with Miami-Dade County which is reverenced below. Furthermore, it is understood that this approval does not imply approval or otherwise prejudice any future or subsequent actions of the Board of County Commissioners or its agencies regarding development of this property.

MANAGER'S BACKGROUND
According to Section 2-11.2 of the County Code, municipalities selling or conveying for private use real property that is ten acres or larger must first submit the proposed conveyance to the Miami-Dade County Board of County Commissioners for review and consideration for conformity with the Comprehensive Development Master Plan (CDMP), and for determination that the conveyance is not contrary to the best interests of the public.
The City of North Miami and Preserve Partners, LTD. have entered into an agreement to lease (Munisport Agreement - See Exhibit A) whereby the City proposes to lease to Preserve Partners, for a term of 99 years, a 193-acre property owned by the City, formerly known as the Munisport Landfill site. Pursuant to the agreement and subject to receiving all necessary land use approvals, Preserve Partners will develop a mixed-use residential/commercial project on the subject property consisting of no less than 2,800 residential units, ranging in height up to 25 stories, 20,000 square feet of commercial use, and a 150-room hotel; subject to subsequent proposed development approvals, additional development could occur. Additionally, off-site improvements and benefits to the City by the land transfer would provide: funding by Preserve Partners to the City to enable the City of buy out the Miami-Dade County Public School District's leasehold interest in the North Miami Athletic Stadium located north of the project site and abutting the southeast corner of the North District Wastewater Treatment Plan (WWTP); construction of a Charter School for grades 9-12 on city-owned land adjacent to the stadium site and located north of the proposed project; development of a "National Governing Body" (NGB) Training facility for certain Olympic sports; renovation and expansion of the existing City library; the provision of a minimum of 2,800 units of affordable housing elsewhere within the City of North Miami; developer funding to form a City Community Redevelopment Agency (CRA); and developer funding for start-up costs for the permitting of an Environmental Park parcel as a salt-water wetlands mitigation bank. The establishment of a CRA will require a separate and independent action by the Board of County Commissioners prior to its creation. In addition, established review and approval procedures for locating and/or construction of a school in this vicinity are not waived as a result of this action.
To effectuate development of the Property consistent with the proposed uses described in the lease agreement, the City intends to amend the City Zoning Ordinance to change the district boundary designation of the property from Public Use to Public Use-Planned Unit Development (PU-PUD). The PU-PUD zoning designation for the Property would be consistent with the City's Comprehensive Plan PU-PUD land use designation on the Future Land Use Plan Map. The City has also filed additional applications to amend the City's Comprehensive Plan, pursuant to Chapter 163, Florida Statutes, to expand the list of permitted uses for the PU-PUD land use category in the Land Use Element, designating the area encompassing the Property as the North Miami Urban Infill Regional Activity Center on the City's Future Land Use Plan Map, and creating a citywide Urban Infill Area (UIA) and Transportation Concurrency Exception Area (TCEA). The County's Department of Planning and Zoning has reviewed the proposed plan amendments, in accordance with the State's prescribed review process, and found them consistent with the County's Comprehensive Development Master Plan.
Additionally, the lease agreement provides for Preserve Partners, LTD. to assume responsibility for remediation of the contaminated landfill site and to comply with and complete the environmental remediation of the subject property at the developer's sole cost and expense (Section 12.3, page 30, Exhibit A). The City of North Miami and the Miami-Dade County Department of Environmental Resources Management entered into a Consent Agreement dated February 10, 1998 (See Exhibit B), which establishes that the City of North Miami has a legal responsibility, as the owner of the Property, to properly close the Munisport Landfill, to prevent contaminated groundwater discharging from the landfill from having an unacceptable adverse effect on the mangrove preserve and on Biscayne Bay, to remediate contaminated groundwater and surface water, to restore and maintain the wetlands adjacent to the landfill that were altered by landfill operations, and to breach a dike between the mangrove preserve and the altered wetlands located north and west of the mangrove preserve, at an appropriate time. Notwithstanding the lease agreement, the City remains responsible for the committed environmental remediation requirements contained within the Consent Agreement.
The Water and Sewer Department operates the North District Wastewater Treatment Plant which is located north of NE 151 Street and adjacent to the proposed project site. It is important that the land in the vicinity of water and wastewater treatment facilities is developed for a use that is compatible with the continued operation or planned expansion of said facilities. The City has provided a letter (attached as Exhibit C), which provides assurances that it will continue to recognize that the wastewater treatment plant is a public facility of County-wide significance, and that as such, the City will take into account the presence and operations of the facility when considering comprehensive development plan amendment applications, zoning applications and other land use matters affecting the subject site. The City has also indicated that it will provide notice to the County of all public hearings and proceedings at which the City considers such land use decisions. In addition, the City has indicated that it will require the developer of any portion of said property to record in the public records a notice that the proposed development is within one mile of a wastewater treatment facility of County-wide significance. This notice is to be given to and signed by buyers contemporaneous with signing purchase contracts within said development.
The attached resolution authorizes the conveyance of property, pursuant to Section 2-11.2 of the Miami-Dade County Code of Ordinances, from the City of North Miami to Preserve Partners LTD., finding the transfer of land in conformity with the County's Comprehensive Development Master Plan (CDMP), and finding the transfer is in the best interests of the public.





Agenda Item No.
Page No. 1



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