HomeMy WebLinkAboutItem 13 Second Reading and Public Hearing of a Resolution Creating the Ocoee Northwest Brownfield AreaMeeting Date: July 18, 2023
Item #: 13
Contact Name: Michael Rumer Department Director: Michael Rumer
Contact Number: Ext. 1018 City Manager: Robert Frank
Background Summary:
First Reading Public Hearing was held on April 18, 2023.
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.
City of Ocoee • • • _ • •._ Florida 34761
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Type of Item: Second Reading Public Hearing
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City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761
Phone: (407) 905-3100 - www.ocoee.org
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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).
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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(l), 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:
12023
PASSED AND RESOLVED this day of , 2023, by
the City Commission of the City of Ocoee, Florida.
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F.11UU,zSwiif
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.
City Attorney
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