HomeMy WebLinkAboutItem #11 Second 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: June 19, 2018
Item #
Reviewed By:
Contact Name: Mike Rumer, City Planner Department Director:
Contact Number: (407) 905-3100 x1018 City Manager:
Subject: Second Reading and Public Hearing of a Resolution Creatin! the Ocoee Brownfield
Area, Ocoee Special Economic Enhancement District (S.E.E.D.)
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.
Establishment of a Brownfield Area is a very successful economic development tool, and numerous
local governments that have enjoyed great success have had Brownfield Areas in place for years,
including the City of Winter Garden. The Brownfield Area designation has no negative impact on
property owners, despite the negative sounding name, hence the official Ocoee name of Special
Economic Enhancement District. The first reading and public hearing was held on May 15, and the
second reading was extended from June 5 to June 19 by the City Commission to provide more
research time for residents.
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:
1st Readinq May 15: City Staff and the City Consultant gave a presentation at the May 15th first
reading and public hearing. A number of residents spoke about the request and had questions. The
public was informed that any property owner or agency that wanted to "opt-out" from the "Brownfield
Area," can at any time make this request in writing to the City, even after adoption of the Resolution.
As of the date of this memo, the Central Florida Expressway Authority (CFX) is the only public agency
that has requested removal from the "Brownfield Area." Several private property owners have made a
request to opt out, as well. A list of the agencies and/or property owners that have requested to opt-
out will be maintained and made available in the Clerk's office.
Resolution number 2018-012; Section Two, Area and Conditions; C: provides language for the City to
modify and or amend properties within the "Brownfield Area", allowing staff to modify the boundaries if
and when additional requests for removal are received.
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 55c')
X Public Hearing For Clerk's Dept. Use:
Resolution First Reading(5/15/2018) Consent Agenda
X Resolution Second Reading(6/19/2018) `1e Public Hearing
Ordinance /' 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
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:
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.
1
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. The designated Brownfield Area as authorized by this Resolution does not include any
properties that are part of the Central Florida Expressway Authority (CFX) system. The
Central Florida Expressway Authority has provided the City of Ocoee a written request
that CFX properties are not to be included in the proposed Ocoee Brown Field Area
(S.E.E.D), as provided for by Sections 376.80(1)(c) 3 , Florida Statutes, as amended, of
the `Brownfield Redevelopment Act:".
d. 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
2
PASSED AND RESOLVED this day of , 2018,by
the City Commission of the City of Ocoee, Florida.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson,Mayor
(SEAL)
APPROVED BY THE CITY OF OCOEE
COMMISSION AT A MEETING HELD
ON THE ABOVE DATE UNDER
AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA
APPROVED AS TO FORM AND
LEGALITY this day of
,2018.
SHUFFIELD,LOWMAN &WILSON
By:
City Attorney
3
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WEST ORANGE TIMES&OBSERVER I THURSDAY,MAY 3,2018 11
10-4*
OC(X
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. _
50coee_s:E:EsD. 5 OM li ,
Interested parties may appear at ectal Economic Enhancement DlsMct)– ~`�''
_� i�
the public hearingand be heard "" • 1°""{1.r
with respect to the proposed gal i„-;l N IO � ''
.jib. ..
Vtli
actions above. The complete i/" �+ rs ,�:: •
case file may be inspected at the =a h�u! ' 1i. A�
,„„t...-..-•
;t C
Ocoee Development Services . 1 ii ren �'r-
Department/Planning Division II!
located at 150 North Lakeshore ,•• M !j;i c ,'
Drive, Ocoee, Florida between J � lajnra . —0}-4.11C;_,
1114
the hours of 8:00 a.m. and 5:00 0. , � im i ;�"�1,��
p.m., Monday through Friday, 4/ Nr" �I ��
4 �I'••i s iii _ _ s�'1.
except legal holidays. The City I�� i - _, J
;.P -y '
Commission may continue this , ��i �'�• � _ �R' .{,
public hearing to other dates and ,:.,-:40. -`-�� ',;,4;' i`=''
times, as it deems necessary. Any ; a^ �� �,�
interested party shall be advised of - ._; i:�
the dates, times,and places of any J' °._ '14 "
:j, now
continuation of these or continued at...I
Ci •
1111 11��•* n' " : . .
public hearings shall be announced —�5 .��. _��_umw
duringthe hearingand no further '-� , �;-:
notices regarding these matters ��
.14111e kj ;�`
will be published. You are advised _,..„„ ' J ���J
that any person who desires to -:- --. —
appeal any decision made at the r-r--ti r ^` "
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
'+ these proceedings should contact the City Clerk's Office 48 hours in advance of the ,