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Home My WebLink AboutResolution 2014-10 Adopting Existing Brownfield RESOLUTION NO. 2014-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS FLORIDA, RATIFYING AND DESIGNATING REAL PROPERTY GENERALLY DESCRIBED AS PARCEL 26-20-30-5AR-0A00-0080 AND ALL OF PARCEL 06-21-31-501-030A-0000 AS A BROWNFIELD AREA WITHIN THE CITY LIMITS OF WINTER SPRINGS FOR THE PURPOSE OF ENVIRONMENTAL REHABILITATION AND ECONOMIC DEVELOPMENT; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE. WHEREAS, in accordance with Ordinance No. 2013-12, the City recently annexed real property into the City of Winter Springs including parcel 26-20-30-5AR-0A00-0080 and parcel 06-21-31-501-030A-0000, depicted in Exhibit A, attached hereto and incorporated herein by reference ("Property"); and WHEREAS, prior to the aforementioned annexation, the Property was designated a Brownfield Area by Seminole County pursuant to Resolution No. 2007-R-233; and WHEREAS, upon annexation of the Property, the City agreed to ratify the Brownfield Area designation for purposes of the City also taking formal action to recognize said designation; and WHEREAS, the City Commission of Winter Springs has reviewed the requirements for Brownfield Area designation, as specified in Florida Statutes Sections 376.80(2) (a) and 376.80 (2) (b), and concurs with the Seminole County Commission's findings set forth in Resolution No. 2007-R-233 and has determined that the proposed area qualifies for designation as a Brownfield Area because the following requirements of Florida Statutes Sections 376.80(2)(a) and 376.80(2)(b) have been met: 1. The Brownfield Area depicted in Exhibit A is determined to warrant economic development and has a reasonable potential for such activities through rehabilitation and job creation, especially since the Property has been annexed and is subject to that certain Annexation Agreement by and between the City of Winter Springs and Standard Pacific of Florida GP, a Delaware Corporation, dated May 12, 2014. 2. The Brownfield Area depicted in Exhibit A is focused to a limited geographic area. 3. The rehabilitation and economic development of the Brownfield Area depicted in Exhibit A is deemed to have sufficient private sector interest in rehabilitating the site. 4. The rehabilitation of the Brownfield Area depicted in Exhibit A will provide for the remediation of a contaminated site that is within the vicinity of a Greenway Trail right-of-way. City of Winter Springs Resolution 2014-10 Page 1 of 3 5. L.D. Plante, as property owner of the Brownfield Area has agreed to remediate and redevelop the Brownfield Area depicted in Exhibit A. 6. The rehabilitation and redevelopment of the Brownfield Area will result in economic production in the area and the creation of at least five (5) new permanent jobs at the Brownfield Area, which are full-time equivalent positions not associated with implementation of the rehabilitation agreement, or with the demolition or construction associated with the redevelopment agreement. 7. The redevelopment of the proposed Brownfield Area is consistent with the City of Winter Springs Comprehensive Plan and is a permittable use under the City's land development code. 8. Proper notice of the proposed rehabilitation of the Brownfield Area has been provided to neighbors and nearby residents and published in the newspaper, and L.D. Plante has provided those receiving notice the opportunity to provide comments and suggestions about rehabilitation. 9. L.D. Plante has provided reasonable assurance that it has sufficient financial resources to implement and complete the rehabilitation agreement and redevelop the site; and 10. It is understood that L.D. Plante has a contract to sell the Property to Standard Pacific of Florida GP,a Delaware Corporation, and that upon sale of the Property, the contract purchaser, Standard Pacific of Florida GP, a Delaware Corporation or assignee thereof would fulfill the responsibilities of L.D. Plante as property owner hereunder. WHEREAS,Seminole County wishes to notify the Florida Department of Environmental Protection of this designation of Brownfield Area to facilitate environmental rehabilitation and economic development of such area consistent with Florida Statutes Sections 376.77-376.85; and WHEREAS,the procedures set forth in Subsections 376.80(1) and 376.80(2)(a), Florida Statutes, have been followed, and proper notice has been provided in accord with Section 376.80 and Subsection 125.66(4)(b)(2), Florida Statutes. WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA,AS FOLLOWS: Section 1_ General Designation. The area depicted on Exhibit A, attached hereto and incorporated herein by reference, is hereby ratified and designated as a Brownfield Area within the corporate limits of the City of Winter Springs for environmental rehabilitation and redevelopment City of Winter Springs Resolution 2014-10 Page 2 of 3 purposes per Sections 376.77 through 376.85,Florida Statutes. Section 2. Notify DEP. The City shall notify the Florida Department of Environmental Protection, pursuant to Section 376.80, Florida Statutes, of the City's ratification and designation of the Property as a Brownfield Area. Section 3. City Not Liable. The site described in Exhibit "A", attached hereto and incorporated herein by reference,is hereby ratified and designated as a Brownfield Area for environmental remediation, rehabilitation and economic development in accordance with the intent of the Brownfields Redevelopment Act.However,such ratification and designation shall not render the City of Winter Springs liable for costs of site rehabilitation or source removal, as those terms are defined in Section 37 6.79(17) and 276.79(18),Florida Statutes,or for any other costs,above and beyond those costs attributable to the City's role as administrator of a Brownsfield site rehabilitation program. Section 4. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by this reference. Section 5. Repeal of Prior Inconsistent Resolutions. All prior City resolutions or parts of City resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the off' ay of Scaly 2014. CHAT E LACE , a ATTEST: ANDREA ORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the Ci inter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution 2014-10 Page 3 of 3 2950 Railroad Avenue.Winter Springs.Florida The M-1 zoning area of Parcel ID#26-20-30 5AR-0A00-0080 generally described as follows: That part of Lot 8 commencing at the Southeast corner of Tuskawilla,according to the Plat of Mitchell's Survey of the Levy Grant on Lake Jessup,as recorded in Plat Book 1,Page 5,of the Public Records of Seminole County,Florida,thence North to easterly extension of the northerly boundary line of Lot 17 of said Tuskawilla,thence East to the westerly boundary line of Rails to Trails(abandoned CSX Railroad),thence Southeasterly along the westerly boundary line of said Rails to Trails to a point 654 feet MOL North of the north boundary line of Gardena Farms as recorded in Plat Book 6,Pages 23 and 24,of the Public Records of Seminole County,Florida, being the Point of Beginning,thence continuing Southeasterly along said Rails to Trails to north boundary line of said Gardena Farms,thence Westerly along said northerly boundary line of said Gardena Farms,633 feet MOL,thence Northerly 654 feet MOL to the Point of Beginning. 2960 Railroad Avenue.Winter Springs,Florida Parcel ID#06 21-31-501-030A-0000,generally described as follows: A portion of the North$4 of Block 3,of Gardena Farms Town Sites as recorded in Plat Book 6, Page 39,of the Public Records of Seminole County,Florida,as further described as follows: Commencing at the Northeast corner of Lot 6 of said Gardena Farms,said point being on the westerly Right of Way line of Tuscawilla Gabriella Road;run thence S 85°51'39"E,702.17 feet,along northerly boundary line of said Gardena Farms;thence continue S 85°51'39"E, 590.08 feet along said northerly boundary line to the Northwest corner of said Gardena Farms Town Sites and being the Point of Beginning;thence S 04°08'41"W,386.72 feet along the westerly boundary of said Gardena Farms Town Sites;thence S 85°51'39"E,635 feet;thence N 55°35'50"W,735.15 feet to the Point of Beginning. EXHIBIT t Brownfield wnfield Area N 1 ., ......_ ....01. . 10 m I 0 . 7 oF, 't._ Cribir CO \\3-tP..P•7 i i i i i \''N'4111141171111 1 _ Slte Parcel ID#:26 20-3OSAR-OA00-0080 M-1 Zoning Area Only Approximately 4.59 Acres r I \ Y Site Parcel ID#::08-21-31-501-030A-0000 '• :,. :mate 1.86 Acres ..r4r412, cam* - (41641:1444414 144A11111N411 IIII 0 250 500 1.000 Feet 1 r I I I r r , I Opamom„ameni Partin,)p8L1AMW,BroimNoMnres locator mop turd wew ar214007