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2010-R-04RESOLUTION NO.2010-R-04 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA; DESIGNATING THE PLANNING AND ZONING BOARD TO ACT AS AN ADVISORY COMMITTEE TO ADDRESS REDEVELOPMENT OF BROWNFIELD AREAS AND BROWNFIELD SITES TO BE KNOWN AS THE EDGEWATER REDEVELOPMENT AREA ("ERA"); PROVIDING FOR CONFLICTING PROVISIONS, 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 has designated the Brownfield area within the City of Edgewater to be known as the Edgewater Redevelopment Area WHEREAS, the City of Edgewater desires to establish the Edgewater Redevelopment Area 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 WHEREAS, the Brownfields Redevelopment Act requires local governments, or persons responsible for rehabilitation and redevelopment of Brownfield areas, to establish an "advisory committee or use an existing advisory committee" for the purpose of improving public participation and receiving public comments on rehabilitation and redevelopment of the Edgewater Redevelopment Area, including future land use, local employment opportunities, community safety, and environmental justice pursuant to Section 376.80(4), Florida Statutes; and WHEREAS, the Purpose, and Powers and Duties of the Planning and Zoning Board under said Code of Ordinances, Chapter 21 (Land Development Code), Article VIII (Administration), Section 21-85 (Planning and Zoning Board) include review and recommendations regarding various planning matters to the City Council and to act as the City's Local Planning Agency; and WHEREAS, the City Council of the City of Edgewater, Florida, finds that it is in the best interest of the citizens of the City of Edgewater to designate the Planning and Zoning 2010-R-04 1 Board to act as an Advisory Committee to address the redevelopment of the Edgewater Redevelopment Area ("ERA"). NOW, THEREFORE, BE IT RESOLVED by the People of the City of Edgewater, Florida: Section 1. That the recitals and findings set forth above are true and are hereby incorporated by reference in this resolution. Section 2. The City of Edgewater has designated the Planning and Zoning Board to act as an Advisory Committee to address the redevelopment of the Edgewater Redevelopment Area ("ERA"). Section 3. The Planning and Zoning Board, delegated to act as the Edgewater Redevelopment Area Advisory Committee shall review and make recommendations to the City Council regarding Brownfield Site Rehabilitation Agreements (BSRA) from Persons Responsible for Brownfield Site Rehabilitation (PRFBSR). Section 4. The City of Edgewater shall identify at a later time, and notify the Florida Department of Environmental Protection in writing, areas within the City designated as the Brownfield areas, also known as the Edgewater Redevelopment Area, and Brownfield sites. Section 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 6. This resolution shall take effect upon adoption. After Motion to approve by �'n, I ,,..-awlth Second by , , the vote on this resolution held on April 19, 2010, was as follows: AYE NAY Mayor Mike Thomas x _ Councilwoman Debra J. Rogers x_ Councilwoman Gigi Bennington x Councilwoman Harriet B. Rhodes �b e A Councilman Ted Cooper 2010-R-04 2 PASSED AND DULY ADOPTED this 19th day of April, 2010. ATTEST: Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Sims,Wolfe, Ansay, Kundid & Birch CITY COUNCIL OF THE CITY OF EDG W FLORIDA By- e Th as Ma or Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 19th day of April, 2010 under Agenda Item No. 8 c�. 2010-R-04