2024-O-23 - Brownfield Areaeo* 1
ORDINANCE NO. 2024-0-23
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA; DESIGNATING THE PROPERTIES SET OUT
ON EXHIBIT "A" IN THE CITY OF EDGEWATER,
FLORIDA AS A BROWNFIELD AREA TO BE KNOWN AS
THE EDGEWATER REDEVELOPMENT AREA ("ERA")
FOR THE PURPOSE OF ENVIRONMENTAL
REMEDIATION, REHABILITATION AND ECONOMIC
DEVELOPMENT; DIRECTING THE CITY CLERK TO
TRANSMIT A CERTIFIED COPY OF THIS ORDINANCE
TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE, AND
ADOPTION.
WHEREAS, the State of Florida has provided in Ch. 97-277, Laws of Florida, codified as
Sections 376.77 through 376.86, Florida Statutes, known as the Brownfields Redevelopment Act,
for the designation by resolution of certain areas as brownfield sites or areas, and for the
corresponding provision of environmental remediation, rehabilitation and economic development for
such areas or sites; and
WHEREAS, the legislative intent behind the Brownfields Redevelopment Act includes the
redevelopment and rehabilitation of abandoned or underused commercial and industrial areas, with
incentives to "... encourage responsible persons to voluntarily develop and implement cleanup plans
without the use of taxpayer funds... ", pursuant to Section 376.78(3), Florida Statutes; and
WHEREAS, the City of Edgewater desires to take advantage of the Brownfields
Redevelopment Act to redevelop and rehabilitate abandoned or underused commercial or
industrial areas in the City and to allow responsible persons to develop and implement cleanup
plans without the need to use local taxes when existing federal and state incentives are available for
such action; and
eo**� WHEREAS, the City of Edgewater has considered; (I) whether the Brownfield area
warrants economic development and has a reasonable potential for such activities; (2) whether the
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proposed area to be designated represents a reasonable focused approach and is not overly large in
geographic coverage; (3) whether the area has potential to interest the private sector in participating
in rehabilitation; and (4) whether the area contains sites or parts of sites suitable for limited
recreational open space, cultural, or historical preservation purposes; and
WHEREAS, the City of Edgewater has designated the Brownfield area within the City of
Edgewater to be known as the Edgewater Redevelopment Area ("ERA").
WHEREAS, the City of Edgewater has considered the requirements for the Brownfield area
designation as provided in Sections 376.80(2)(b), Florida Statues, and finds;
1. The rehabilitation and redevelopment of the proposed Edgewater Redevelopment Area will
result in economic productivity of the area, along with the creation of additional full-time
equivalent jobs not associated with the implementation of the Brownfield site rehabilitation
and redevelopment, and will also provide affordable housing as defined in Sec.
420.000493), F.S.;
2. The redevelopment of the proposed Edgewater Redevelopment Area will also include areas
presently considered in the City of Edgewatees Comprehensive Plan as future community
redevelopment areas.
3. Notice of the Edgewater Redevelopment Area designation and proposed applicable
rehabilitation has been provided to property owners of the proposed area to be designated.
There will be an opportunity afforded to those receiving notice for comments and
suggestions. There will also be an opportunity for those with such identified property to
request that their property not be included as a Edgewater Redevelopment Area
designation.
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4. The Edgewater Redevelopment Area designated property owners will be provided /4�
reasonable assurance that they will receive assistance with the application and
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2024-0-23
implementation of rehabilitation agreements and redevelopment plan for their respective
properties; and
WHEREAS, the notice, publication and public hearing requirements set forth in section
376.80(1), Florida Statues, have been satisfied; and
WHEREAS, the City of Edgewater, Florida, shall notify the Florida Department of
Environmental Protection in writing and provide a copy of this Resolution setting forth the
designation of the properties described on Exhibit "A" hereof, as the Edgewater Redevelopment
Area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
Section 1. In accordance with the Florida Brownfields Redevelopment Act, Sections
376.77 through 376.86, Florida Statues, the properties described on Exhibit "A" hereof
are hereby designated as the Edgewater Redevelopment Area.
Section 2. The property owners designated in the Edgewater Redevelopment Areas
described on Exhibit "A" hereof shall be responsible for the e}te remediation ai za
rehabilitation on the property individually owned by each of them within the Edgewater
Redevelopment Area.
Section 3. Designating said area as the Edgewater Redevelopment Area shall in no way
render the City of Edgewater responsible for costs of site rehabilitation or source removal,
as those terms are defined in Sections 376.79(17) and (18), Florida Statues, or for any other
costs that may arise or be incurred.
Section 4. The City Clerk is hereby directed to transmit a certified copy of this Ordinance
to the Florida Department of Environmental Protection to inform them of the City of
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Edgewater's decision to designate the Edgewater Redevelopment Area which is a
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Brownfield area for remediation, rehabilitation and economic development for the
purposes set forth in Sections 376.77 through 376.86, Florida Statues.
Section 5. CONFLICTING PROVISIONS. All conflicting ordinances and
resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this
ordinance to the extent of such conflict.
Section 6. SEVERABILITY AND APPLICABILITY. If any portion of this
ordinance is for any reason held or declared to be unconstitutional, inoperative, or void,
such holding shall not affect the remaining portions of this ordinance. If this ordinance or
any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property,
or circumstance.
Section 7. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
.`'
PASSED -AND DULY ADOPTED this day of 2024.
`/• ; i? Diezel DePew, Mayor
AT'fkgT%0 r
Bonnie Zlotnik,CM y�Clerk
Passed on first reading on theJp day of 4, 2024
c:::7j (k
REVIEWED AND APPROVED: U
Aaron R. olfttorney
ra
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EXHIBIT "A"
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