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Home My WebLink AboutItem #09 First Reading and Public Hearing of a Resolution Creating the Ocoee Brownfield Area, Ocoee Special Economic Enhancement District (S.E.E.D.) ocoee florida AGENDA ITEM COVER SHEET Meeting Date: May 15, 2018 Item # q ,{ Reviewed By: Contact Name: Mike Rumer, City Planner Department Director: Contact Number: (407) 905-3100 x1018 City Manager: Subject: First Reading and Public Hearing of a Resolution Creating the Ocoee Brownfield Area, Ocoee Special Economic Enhancement Development (S.E.E.D.) Staff Presentation to City Commission and Direction Received April 4, 2017 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 areas 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 three properties identified in the area and to allow access to job-related bonus monies thereby encouraging job creation. The Brownfield Area will be called the Ocoee (S.E.E.D) Special Economic Enhancement District. 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? DISCUSSION: Staff and consultant will make a presentation. STAFF RECOMMENDATION: 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: Location Map Resolution FINANCIAL IMPACT: N/A TYPE OF ITEM: (please mark with an "x") X Public Hearing For Clerk's Dept. Use: X Resolution First Reading(5/15/2018) Consent Agenda Resolution Second Reading(6/05/2018) X Public Hearing Resolution Regular Agenda Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Dana Crosby Collier N/A Reviewed by Finance Dept. N/A Reviewed by 0 N/A � C V. w fY', • Ocoee 4 ,lAdDo 1 . , �.low ii.,® , \ ®w��IIAl. (Spe&aI ono,m.ic Enhancement District) , pg,I . bra?ceYeiNs ��t��n'a ��rE�"ids9E: : i. ela+e� I ® �n ��;a,C7r i'd.C� ®6t��1el� l_ �� O��IP1!!iRlA� ��xlldl/®::` I'® � � �;, � Demastus— , - -- C��Yy'�r y �' f 1 �} _, PIIIII 02 R1iAlA��Al�a�aa,a�!l�Ar'1 G lm'��';' lea,■.P >• a MIMI E° G �i!!m!!�'ee'mai�■ �f i . ia3ni1'ansjgo M�lllll�lla��°11111191011111067■o4! .iiilia /iimui pi Ism .1 I . _ ,‘,E, f.' on . , y 43'01 III qlirepi y w I, �l.- �1A' 1 ' s!- Li '41 ' ) .• lirti!al .• 1 I r=Crown Point-Cross I ", ®;3�L�•��— ■ Ij Y011■Luii RESOLUTION NO. 2018-012 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, CREATING THE OCOEE DOWNTOWN 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: 1 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 Downtown 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: , 2018 SECOND READING AND PUBLIC HEARING HELD ON: , 2018 PASSED AND RESOLVED this day of , 2018,by the City Commission of the City of Ocoee, Florida. 2 APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor ATTEST: Melanie Sibbitt, City Clerk (SEAL) RESOLUTION APPROVED BY THE OCOEE CITY COMMISSION ON ,2018 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 3 EXHIBIT A t t ® 1 , .r7�h .lslT r■q�� mum M" hili l ii. : coeelrS:E:Eil :DS— .1. ' .�/Iv PP Ell--...rw ilUlii c11 V (Speclal Economl nhancement,Drstnct) R.naltn'�,:Jt!!l1•i,1m .rs.e. I1L iaiiiilk t. .Rnlro ri iisil►rrr5;FQrirejmenili taillll RI i 7I R�IielementIIU.F.ttog MI rt- "�ilill.il6t I ^wil etd11110ammr a�`.w..dpl� ! �1 BM 0 ®I Lii00�lE MI\i i11�1�11�wilr�l�nl/1t�� .. � ..ate 1m•- 31st► i to stw1■ rr. 1� t�Itrlalault r s■er■� ... 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' in- 1r Ifs M 3Dtli 4 WEST ORANGE TIMES&OBSERVER I THURSDAY,MAY 3,2018 11 31 ltidr ocoe_c CITY OF OCOEE NOTICE OF PUBLIC HEARING SPECIAL ECONOMIC ENHANCEMENT DISTRICT (S.E.E.D) Notice Is Hereby given that the City of Ocoee City Commission will consider an adoption of the proposed Resolution, creating the Ocoee Brownfield Area (A.K.A Special Economic Enhancement District "S.E.E.D") 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,MAY 15,2018,at 6:15 pm or as soon thereafter as practical. The public hearing will be held in the City Hall Commission Chambers located at 150 North Lakeshore Drive,Ocoee. The OCOEE CITY COMMISSION will hold the 2nd public hearing on Tuesday,JUNE 5,2018,at 6:15 pm or as soon thereafter as practical.The public hearing will be held in the City Hall Commission Chambers located at 150 North Lakeshore Drive,Ocoee. A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, CREATING THE OCOEE DOWNTOWN 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. A113: Interested parties may appear at ! peewl Economic EnhancerrmenRDtsMcf) RAFRIP";E the public hearing and be heard q!„1I .•••••�',teEl rip' ""'w"'7'C with respect to the proposed " l: l .'"� pit - �& actions above. The complete I, _� . Amoss �_ ... case file may be inspected at the - _ 11141 —MEW"T Development Services O „ = ' ... i1 Ocoeep ` „� Department/Planning Division IP ring located at 150 North Lakeshore G � jai`��. l _ �:, Drive, Ocoee, Florida between I__ P.-0-" the hours of 8:00 a.m. and 5:00 o �,. aiiig; p.m., Mondaythrough Frida r=�' € 1, ■ to mit except legal holidays. The City /VI= II. 1111':.M••?.•, Commission may continue this res 'flap i ''�, ��' �,,,� public hearing to other dates and 1 / '"irm ;'"' times, as it deems necessary. Any ....... min f _ ...tt.1--1,h"..,,..7—, .... . interested party shall be advised of = X44 _ is 1x1 the dates,times,and places of any 'Q - "'" A 1-_�'..,,. continuation of these or continued — --=',��. ' l ':.�11111110111� •,„---:„a public hearings shall be announced _____111:44,3 . 'r��r�1 ��___; during the hearing and no further • '� �� ! ,= 3. notices regarding these matters Ali ■'� 1 di ' � a ■: H � �:��mi„ will be published. You are advised that any person who desires to =.[ ,...c... -_ 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. Persons with disabilities needing assistance to participate in any of :s these proceedings should contact the City Clerk's Office 48 hours in advance of the leit:i;tltigarit_:4uS-:3'1(14c; _s: . ----::.,M.__m a ........ ...... .....ai.:. '