Legislative Matter

Miami-Dade Legislative Item
File Number: 121580

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Clerk's Official Copy

File Number: 121580

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-666-12

Control: County Commission

File Name: GOVERNMENT FACILITIES HEARING APPLICATIONS

Introduced: 8/7/2012

Requester: Regulatory and Economic Resources

Cost:

Final Action: 9/6/2012

Agenda Date: 9/4/2012

Agenda Item Number: 5G

Notes:

Title:

RESOLUTION APPROVING THE GENERAL PLAN FOR THE DEVELOPMENT AND OPERATION OF MIAMI-DADE COUNTY REGIONAL SOCCER PARK, LOCATED AT THEORETICAL 9000 NW 58 STREET, IN COMPLIANCE WITH SECTION 33-303 OF THE CODE OF MIAMI-DADE COUNTY

Indexes:

GOVERNMENT FACILITIES

Sponsors:

Jose "Pepe" Diaz, Prime 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	9/6/2012	5G	Adopted				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record. Chairman Martinez opened the public hearing on the foregoing item. There being no one to appear in connection with this item, the public hearing was closed. Commissioner Edmonson asked for a representative of the Department of Environmental Resources Management (DERM) to come before the Board. She commented that Olinda Park, located in her district, had been under construction for about two years due to contaminants found in the ground water as well as the soil. She said the area of the proposed soccer park was a dumpsite many years ago and may contain contaminants and cancer cluster, similar to Olinda Park, which was also a landfill. She expressed her concern for children with regard to placing a park on a landfill, and indicated she wanted to ensure citizens in the future would not be exposed to the toxic remains that were buried beneath the soil. Commissioner Edmonson inquired about what was being done to ensure that what occurred at Olinda Park would not happen anywhere else. Mr. Lee Hefty, Assistant Director for RER, stated that DERM was working with the Parks, Recreation, and Open Spaces Department (PROS) on a conceptual plan for development of the ball fields, and as part of the process, there would be a layer of clean soil placed on top so no one would come in contact with the contaminated soil. In response to Commissioner Edmonson’s question regarding whether this process was carried out at Olinda Park and the surrounding homes when they were first placed in that region, Mr. Hefty said that it was not done for that area. Commissioner Edmonson inquired about the potential risk of Florida Power and Light (FPL) high voltage transmission lines. In response to Commissioner Edmonson’s question, Mr. Jack Kardys, Director of Parks Recreation and Open Spaces Department (PROS), noted there were currently parks in close proximity to FPL lines with high voltage, but there was no information indicating that it would have an impact. He indicated the space would not have an effect on people, seeing that no play would take place, as the area was restricted to parking of automobiles. Commissioner Edmonson noted she wanted to ensure that the soccer park would be environmentally safe for all users. She said she did not want that which materialized in the Brownsville area to occur anywhere else in the county. Commissioner Diaz stated the item had been in development for a while, and PROS looked at this area a long time ago in an effort to attract major league soccer facilities to the county. He said this would help to create jobs and establish Miami-Dade County within the Federation Internationale de Futbol Association (FIFA) environment as part of an attempt to produce a team in the community like the Ft. Lauderdale Strikers Football club. Commissioner Diaz noted that the idea of this proposal was to see if interested entities would come to the community to provide those needed jobs and create something for the children concerning this world wide sporting event. He said no funds would be taken away from the PROS, but entities that had the money to partner with the county in the future and were willing to do so, would be sought. Commissioner Diaz clarified that the intent of the proposal was for Miami-Dade County to be a part of the world cycle of football. He asked staff if the foregoing item was going out as a Request for Proposal (RFP), to determine what could provide jobs for all in that area and create an environment to draw the sport into the area. In response to Commissioner Diaz’s question, Lisa Martinez, Senior Advisor to the County Mayor, stated an RFP would be put out. She noted there was no funding currently allocated for this program, and another entity would fund it. Commissioner Souto commented that he, as the chair of the Recreation and Cultural Affairs Committee (Committee), did not recall seeing the foregoing item come before the Committee. In response to Commissioner Souto’s comment, Mr. Kardys stated the Government Facility (GF) application process did not include committee consideration for any of the parks, and not all of the hearings got routed to the Committee. Commissioner Souto indicated that in an abundance of caution, this matter should be dealt with at the committee level. He said this was not a basic neighborhood park, but a park that could involve millions of dollars. He said he did not feel there was a need to proceed so quickly, just for the sake of creating jobs or promoting the PROS, if issues such as contamination, pollution, diseases and funding had not been dealt with in depth. Commissioner Souto agreed that a park was needed; but first, the people and the integrity of the county needed to be protected. In response to Chairman Martinez’ question regarding whether this was a GF issue and if all GF issues followed the same procedure, Assistant County Attorney Dennis Kerbel noted the procedure was set out in Section 33-303 of the Miami-Dade County Code (Code). Chairman Martinez indicated that the Board’s rules and the Code were being followed. He agreed there was a parks committee, but noted that the required attendance at committee meetings was not always fulfilled. Chairman Martinez said he felt it was not fair for the rule to be changed when a particular person proposed an item. He added that if a rule needed to be changed, it needed to be done for everyone, not just for this item. Commissioner Heyman indicated the same thing was achieved with Ives Dairy Park, which was located in Commissioner Jordan’s district. She said this park used to be a landfill that was under the leasehold of the City of Miami Beach, provisions were made to minimize their liability, and now it is was beautiful baseball field. Commissioner Heyman noted that the process at hand could be done safely, and referred to comments placed on the record that safeguards were in place, which consisted of filling the area of terrain after the contaminants were removed. Commissioner Heyman commented that this would ensure the safety of those using the property. She noted the Board was the stakeholder and had a responsibility to ensure that decisions made did not launch future litigation problems. She encouraged staff when they were going to put out the RFP, to review the park she mentioned, because issues associated with it were successfully resolved. She said that park made positive use of an area that had been filled with trash. Mr. Kardys stated Commissioner Heyman conveyed some good points. He explained that the level of caution taken with the current landfills being used was superior, and the standards were much higher than the measures previously taken with Olinda Park. He clarified for the record that this was simply for the designated use of the forty seven acres that would be used for a soccer park. Mr. Kardys advised that the RFP would be brought before the parks committee and assurance would be provided that no county funding was involved. He said the entity that placed the successful bid would bear the responsibility and would be required to follow the guidelines for sealing and securing the facility to ensure that it was safe for everyone to use. Commissioner Moss yielded to Commissioner Souto and asked Mr. Kardys why this item had never been mentioned. He stated that he found it strange that this item had been in progress for five or more years and had on no occasion been brought to his attention. Responding to Commissioner Souto’s comment, Mr. Kardys stated that he would have to look at his records to see if any there was ever any discussion. He announced on the record that he would set up an appointment and address the numerous amounts of projects that were ongoing. Commissioner Moss expressed concern in relation to the issues that Commissioner Edmonson raised. He inquired whether all the parks that were undergoing this process had been examined to ensure that were not any looming issues. Responding to Commissioner Moss’ comment, Mr. Kardys stated that PROS had identified all the facilities that might have been built on or near landfills and was systematically going through a review process with the RER department. Mr. Lee Hefty Assistant Director of RER, commented that the two departments were working closer together to deal with issues about parks that may have had any level of contamination. Commissioner Moss inquired whether the intent was to look at the land and address any situations, in order to ensure the parks were safe for public use. Mr. Kardys confirmed that was correct and noted PROS were going through all property files and along with RER, was going through all the DERM records to see who had information on various parcels of land. He stated staff had to take samples of the ground at various sites to determine what was under the surface, because many records extended back to the 1920’s through 1950’s, and no records laws existed then for those applying pesticides and other chemicals to land. Commissioner Moss encouraged Mr. Kardys to meet with Commissioner Souto. He also noted that Mr. Kardys was an outstanding professional, and he appreciated that he kept him abreast of issues pertaining to his district and encouraged Mr. Kardys to keep up the good work. Commissioner Suarez inquired whether there was any particular procedural impediment to members of the parks committee looking at this item as a discussion item. In response to Commissioner Suarez’ question, Chairman Martinez stated that as an RFP, the item would return for Commission review, at which time, it would go to Committee for review. Commissioner Suarez indicated that this was his first time seeing this item as well, but said that it was not Mr. Kardys’ fault and in light of the comments and concerns raised, he felt that it should be discussed at the earliest opportunity in the Committee as a discussion item, He said he did not want to take the time to discuss it today, but neither did he want to stop what appeared to be this very general plan for development, since it seemed there were several steps that had to be taken before the Commission approved it. In response to Commissioner Suarez’ inquiry regarding whether there was any impediment to that occurring, Mr. Kerbel stated the ordinance required that the public hearing and decision on the item be made at the Commission level. He said the ordinance did not restrict the Board from referring the item to committee as a discussion item. Mr. Kardys stated that if the commissioners were willing, at the next committee meeting he could make the presentation and show the whole project. Commissioner Suarez said that he would be making a request of the chairman. Commissioner Bell concurred with the Chairman Martinez’ comments made earlier. She mentioned that this was the same process that had been followed for the past two years since she had been a commissioner, and it was the first step of a multiplicity of stages. Commissioner Bell advised that she has worked with Mr. Hefty and Mr. Kardys and she commented that they were professional and she appreciated how they educated her on the parks and various issues in Miami-Dade County. Commissioner Bell commented that the good thing about developing old landfills or properties with environmental issues was that they were cleaned and tested to ensure they were clean. In response to Vice Chairwoman Edmonson’s inquiry regarding the process for these types of items, Mr. Kerbel advised that the Board held a public hearing to consider the factors set out in the Code and the Board decided whether it was appropriate to designate the property for the use being sought. He noted that it was typically one public hearing with one legislative action, and these matters came before the Board only once. In response to Commissioner Edmonson’s question regarding whether there was anything out of the ordinary concerning this item, Mr. Kerbel replied that there was not, and the item had followed the process that all government facilities items followed. In response to Commissioner Souto’s request to be educated on Brownfields Laws and other environmental laws, Mr. Kerbel stated that the laws were very complicated. He said that neither approval of the foregoing item, nor anything in the item, would interfere with the requirements that federal and state environmental regulations be complied with. In response to Commissioner Souto’s question regarding whether the Brownfields laws applied to this item, Mr. Kerbel noted he would defer to the department director concerning that. Chairman Martinez called for a point of order and asked the County Attorney’s Office for the Board’s rules regarding a motion to call the question. In response to Chairman Martinez’ question, Ms. Price-Williams stated it was within the chair’s discretion whether to call the question. Chairman Martinez’ noted the question was moving in the direction of a filibuster. Commissioner Souto noted it was not a filibuster. Following the calling of the question by Chairman Martinez, the Board proceeded to vote on the foregoing proposed resolution as presented.

County Mayor	8/7/2012		Assigned	Jack Osterholt		8/7/2012

County Mayor	8/7/2012		Assigned	County Attorney	9/4/2012
REPORT:	SPEED (public hearing) - Craig Collier assisted - Comm. Diaz Sponsor - Attachments: Review Site Cmte, Public Hearing Notice, Att. A

County Attorney	8/7/2012		Assigned	Craig H. Coller	8/7/2012

Legislative Text

TITLE
RESOLUTION APPROVING THE GENERAL PLAN FOR THE DEVELOPMENT AND OPERATION OF MIAMI-DADE COUNTY REGIONAL SOCCER PARK, LOCATED AT THEORETICAL 9000 NW 58 STREET, IN COMPLIANCE WITH SECTION 33-303 OF THE CODE OF MIAMI-DADE COUNTY

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandums, copies of which are incorporated herein by reference, and has conducted a public hearing in compliance with the provisions of Section 33-303 of the Code of Miami-Dade County, Florida,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby finds that the proposed Miami-Dade County Regional Soccer Park located at theoretical 9000 NW 58 Street, more specifically described as follows:

SEE ATTACHED EXHIBIT A

is necessary to provide for the recreational needs and protect the public health, safety and welfare of the citizens of Miami-Dade County, Florida and in so finding, has considered, among other factors, the type of function involved, the public need therefore, the land use pattern in the area, and the nature of the impact on the surrounding property.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Governmental Facilities Hearing Application
GF11-06 Miami-Dade Regional Soccer Park

STAFF RECOMMENDATION
RECOMMENDATION:

It is recommended that the Board of County Commissioners (Board) approve the attached resolution approving the General Plan for the 47-acre Miami-Dade Regional Soccer Park, located at theoretical 9000 NW 58th Street, in compliance with Section 33-303 of the Miami-Dade County Code. This item was prepared by the Department of Regulatory and Economic Resources at the request of the Miami-Dade Parks, Recreation and Open Spaces Department (PROS) and is recommended for approval.

LOCATION: Theoretical 9000 NW 58th Street, Miami-Dade County

COMMISSION DISTRICT: 12 � Commissioner Jose �Pepe� Diaz

COMMISSION DISTRICT
IMPACTED: Countywide

FOLIO NUMBER: 30-3016-000-0012

SIZE: Approximately 47.33 acres

BACKGROUND: In 1952 the subject property was part of a larger parcel used as a landfill. The approximate 37 acre site was acquired by PROS in 2007 through an inter-departmental agreement with the Public Works and Waste Management Department (PWWM). Further, PWWM permitted PROS to use in perpetuity an adjacent approximate 10 acres of Florida Power and Light (FPL) easement property with high voltage transmission lines with PWWM providing a limited amount of maintenance assistance for a 10-year period.

ZONING: GU, Interim District

JUSTIFICATION: This application is being processed as a Government Facility application to allow PROS to develop the Miami-Dade Regional Soccer Park in northwest Miami-Dade County at the former NW 58th Street landfill.

PROJECT DESCRIPTION: The facility consists of eight (8) full size soccer athletic fields, with one field designed as a stadium. Each field consists of natural or synthetic turf, and is irrigated and lighted. The stadium field house consists of grandstands and press boxes, lockers, coaches� rooms, judges� rooms, restrooms, equipment and storage areas, AV room, ticketing, cash management and offices. An academy building is proposed on the south side of the property for use as a sports training facility and overnight lodging building. The academy building consists of classrooms, offices, restrooms, event room, kitchen and restaurant/cafeteria, laundry area, mechanical and equipment storage. A parking lot serving the academy is proposed on its north side. Most parking to support the athletic fields is concentrated along the north portion of the site, under FPL transmission lines. Parallel parking is proposed along each side of the vehicular drive leading into the park from NW 87th Avenue and NW 58th Street. Ancillary structures such as restrooms, concessions, pavilions, and a maintenance yard are included to support park functions. The maintenance yard consists of full mechanical, equipment and field maintenance building and storage area.

DEVELOPMENT: The proposed facilities will be developed in phases, as funding becomes available.

FUNDING: Future funding: To be determined

SITE REVIEW COMMITTEE: The committee�s task is to review projects subject to Section 33-303 of the Code of Miami-Dade County with regard to the public need for the proposed facility, its impact upon the surrounding community, and other similar considerations. The committee reviewed this project on September 21, 2011 and recommended approval.

PUBLIC HEARING: Section 33-303 of the Code of Miami-Dade County provides that, prior to the construction, erection or operation of a government facility in the unincorporated areas of Miami-Dade County, a favorable public hearing before the Board is required. The Board may only authorize the use, construction, erection and operation of such facilities in any zoning district after considering, among other factors, the public need for the facility, the type of function involved, existing land use patterns in that area and the nature of the impact of the facility on surrounding properties. The attached report from the Miami-Dade County Site Review Committee addresses these factors.

MONITOR: Gilberto Blanco, Supervisor

DELEGATED AUTHORITY: This resolution authorizes the construction, erection and operation of the Miami-Dade Regional Soccer Park.

Jack Osterholt
Deputy Mayor