HomeMy WebLinkAboutItem 15. First Reading and Public Hearing of a Resolution Creating the Ocoee Northwest Brownfield Area
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: April 18, 2023
Item #: 15
Contact Name: Michael Rumer Department Director: Michael Rumer
Contact Number: Ext. 1018 City Manager: Robert Frank
Subject: First Reading and Public Hearing of a Resolution Creating the Ocoee Northwest
Brownfield Area. (Development Services Director Rumer)
Background Summary:
The State of Florida has provided in Ch. 97-277, Laws of Florida, codified as Sections 376.77-376.86, Florida
Statutes, as amended, “Brownfield Redevelopment Act” for the designation by resolution of certain lands as a
“Brownfield Area”, and for the corresponding provision of environmental remediation, rehabilitation, and
economic redevelopment for such areas. The City of Ocoee proposes to identify a geographical area and to
notify the Florida Department of Environmental Protection of its decision to designate a Brownfield Area for
remediation, rehabilitation and economic redevelopment as a way to represent a reasonably focused
approach to eliminate blight and raise property values. The reason for providing the brownfield designation is
to allow for accelerated environmental assessment and, if necessary, remediation of the properties identified
in the area and to allow access to funding via grants or other mechanisms to clean up said properties. The
Brownfield Area will be called the Ocoee Northwest Brownfield Area.
Issue:
Should the Honorable Mayor and City Commissioners approve a resolution designating certain lands as a
“Brownfield Area” to enable the statutory provisions for environmental remediation, rehabilitation, and
economic redevelopment?
Recommendations:
Staff respectfully recommends that the Honorable Mayor and City Commissioners approve a resolution
designating certain lands as a “Brownfield Area” to enable the statutory provisions for environmental
remediation, rehabilitation, and economic redevelopment.
Attachments:
1. Location Map & Resolution
2. Display Ad Published 04-06-23 & 04-18-23
Financial Impacts:
No Financial Impacts are committed with approval of this resolution.
Type of Item: First Reading Public Hearing
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State Road 429Ocoee Apopka RoadN Lakewood AvenueFullers Cross Road
Pine StreetLog Landing DriveDemastus Lane
Clinger Cove Road Wurst Road
Harris Road
11th Avenue
Mobile LaneCrown Point Woods CircleParker Cove Court
Northwest Ocoee Brownfield Area
Location Map
I
0400800200
Feet
Page 646 of 668
1
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
CREATING THE OCOEE NORTHWEST BROWNFIELD
AREA; FOR THE PURPOSE OF ENVIRONMENTAL
REMEDIATION, REHABILITATION AND ECONOMIC
REDEVELOPMENT; AUTHORIZING THE CITY CLERK TO
NOTIFY THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION OF SAID DESIGNATION
AS REQUIRED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida has provided in Ch. 97-277, Laws of Florida, codified as
Sections 376.77-376.86, Florida Statutes, as amended, “Brownfield Redevelopment Act:” for
the designation by resolution of certain lands as a “Brownfield Area”, and for the
corresponding provision of environmental remediation, rehabilitation, and economic
redevelopment for such areas; and
WHEREAS, the City of Ocoee shall notify the Florida Department of Environmental
protection of its decision to designate a Brownfield Area for remediation, rehabilitation and
economic redevelopment including the required map, as set forth in the Act; and
WHEREAS, such brownfield designation will allow for accelerated environmental
assessment and, if necessary, remediation of the property; and
WHEREAS, such brownfield designation will allow access to job-related bonus monies
thereby encouraging job creation; and
WHEREAS, the proposed brownfield area warrants economic development and has a
reasonable potential for such activities; and
WHEREAS, the proposed area to be designated represents a reasonably focused approach
and is not overly large in geographic coverage; and
WHEREAS, the proposed area of designation has the potential to interest the private sector
in participating in rehabilitation; and
WHEREAS, the designation of the proposed area is consistent with the Goals, Objectives
and Policies the City of Ocoee’s Comprehensive Plan;
WHEREAS, the City of Ocoee has complied with the procedures set forth in Section
166.041, Florida Statutes (2016), including notice and public hearing(s) in accordance with
Sections 376.80 (1) and 166.041 (3) (c) 2, Florida Statutes (2016).
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF OCOEE, FLORIDA:
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2
SECTION ONE, RECITALS. The recitals set forth in the whereas clauses to this
Resolution are hereby adopted as the legislative and administrative findings of the City
Commission.
SECTION TWO, AREA AND CONDITIONS. That the mapped area described in
Exhibit ‘A’, attached hereto and incorporated herein by reference, is hereby designated as
included in the Ocoee Northwest Brownfield Area for environmental remediation,
rehabilitation, and economic redevelopment as set forth in the Act under the following
terms and conditions:
a. The City of Ocoee shall, as soon as practical, designate the entity or entities
responsible for the remediation and rehabilitation of the Brownfield Area, or
specific portions thereof, pursuant to Section 376.80 (3), Florida Statutes.
The designation of a responsible entity shall not render the City of Ocoee
responsible for the costs and liabilities associated with site remediation,
rehabilitation, economic redevelopment or source removal, as those terms
are defined in the Act unless the City of Ocoee specifically designates itself
as the responsible person pursuant to said Section.
b. The designation of such Brownfield Area by this Resolution does not render
the City of Ocoee responsible for the costs and liabilities associated with
the site remediation, rehabilitation, economic redevelopment or source
removal, as those terms are defined in the Act unless the City of Ocoee
specifically designates itself as the responsible person pursuant to Section
376.80 (3), Florida Statutes (2016).
c. Nothing in this Resolution shall be deemed to prohibit, limit, or amend the
authority and power of the City of Ocoee, to designate any other property
or properties as a Brownfield Site or Brownfield Area, or to modify, amend,
or withdraw the designation established herein.
SECTION THREE. CLERK’S NOTIFICATION. In accordance with Section
376.80(1), Florida Statutes (2016), the City Clerk is hereby directed to notify the Florida
Department of Environmental Protection of the City of Ocoee’s designation of a
Brownfield Area for rehabilitation for the purposes of Sections 376.77-376.86, Florida
Statutes (2016).
SECTION FOUR. EFFECTIVE DATE. This resolution shall take effect immediately
upon its final adoption by the City Commission of the City of Ocoee, Florida.
FIRST READING AND PUBLIC HEARING HELD ON:
_________________________________, 2023
SECOND READING AND PUBLIC HEARING HELD ON:
_________________________________, 2023
PASSED AND RESOLVED this ______ day of ________________________, 2023, by
the City Commission of the City of Ocoee, Florida.
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APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
RESOLUTION APPROVED BY THE
OCOEE CITY COMMISSION ON
_____________ _____, 2023 UNDER
AGENDA ITEM NO. _____.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this ____ day of
________________, 20__.
SHUFFIELD, LOWMAN & WILSON, P.A.
By:____________________________
City Attorney
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EXHIBIT A
Page 650 of 668
401107-1CITY OF OCOEE
NOTICE OF PUBLIC HEARING
NORTHWEST OCOEE BROWNFIELD AREA
NOTICE IS HEREBY given that the City of Ocoee City Commission will
consider the adoption of the proposed Resolution, creating the Northwest
Ocoee Brownfield Area for remediation, rehabilitation, and economic
redevelopment pursuant to the requirements as amended in Ch. 97-277,
Laws of Florida, codified as Sections 376.77 - 376.86, Florida Statutes.
The OCOEE CITY COMMISSION will hold the 1st public hearing on
TUESDAY, APRIL 18, 2023, AT 6:15 PM or as soon thereafter as practical.
The public hearing will be held in the City Hall Commission Chambers
located at 1 N Bluford Ave. The OCOEE CITY COMMISSION will hold
the 2nd public hearing on TUESDAY, MAY 2, 2023, AT 6:15 PM or as
soon thereafter as practical. The public hearing will be held in the City Hall
Commission Chambers located at 1 N Bluford Ave, Ocoee.
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, CREATING THE
NORTHWEST OCOEE BROWNFIELD AREA; FOR THE PURPOSE OF
ENVIRONMENTAL REMEDIATION, REHABILITATION, AND ECONOMIC
REDEVELOPMENT; AUTHORIZING THE CITY CLERK TO NOTIFY THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OF
SAID DESIGNATION AS REQUIRED; AND PROVIDING AN EFFECTIVE
DATE.
Interested parties may appear at the
public hearing and be heard with
respect to the proposed action. The
complete case file may be inspected
at the Ocoee Development Services
Department located at 1 North
Bluford Avenue, Ocoee, Florida,
between the hours of 8:00 a.m. and
5:00 p.m., Monday through Friday,
except legal holidays. You are
advised that any person who desires
to appeal any decision made at the
public hearings will need a record
of the proceedings and, for this
purpose, may need to ensure that a
verbatim record of the proceedings is
made, which includes the testimony
and evidence upon which the appeal is based. In accordance with the
Americans with Disabilities Act, persons needing special accommodations
or an interpreter to participate in this proceeding should contact the City
Clerk’s Office 48 hours in advance of the meeting at (407) 905-3105.State Road 429Ocoee Apopka
RoadN Lakewood AvenueFullers Cross Road
Pine StreetLog Landing DriveDemastus Lane
Clinger Cove Road Wurst Road
Harris Road
Mack Street
11th Avenue
Mobile Lane
10th Avenue
12th Avenue
13th Avenue
15th Avenue
16th Avenue
17th AvenueCrown
Po
in
t
Woods
C
i
rc
le
Security Circle
Anderson Place
Parker Cove Court
Northwest Ocoee Brownfield Area
Location Map
I
0 400 800200Feet
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