1. Approve the resolution designating 1980 Cameron Avenue, Sanford, FL as a brownfield area for the purpose of environmental rehabilitation and economic development.; or
   
   
2. Deny the the resolution designating 1980 Cameron Avenue, Sanford, FL as a brownfield area for the purpose of environmental rehabilitation and economic development.; or
   
   
3. Continue the request to a time and date certain.

HISTORY and CRITERIA

Established by the Florida Legislature in 1997, the Brownfields Redevelopment Act is intended to encourage the development of abandoned, idled, or underused industrial or commercial properties where expansion or redevelopment is complicated by actual or perceived environmental contamination.

The Brownfields Program is administered by the United States Environmental Protection Agency (EPA) and the Florida Department of Environmental Protection (FDEP) and establishes the following goals: reduce public health and environmental hazards on existing abandoned or underused commercial and industrial sites due to these hazards; create financial and regulatory incentives to encourage voluntary cleanup and redevelopment of these sites; derive cleanup target levels and a process for obtaining a "No Further Action" letter using Risk-Based Corrective Action principles; and provide the opportunity for environmental equity.

A brownfield designation allows the owner of the property to enter into a voluntary cleanup agreement with the FDEP. FDEP and an advisory committee will supervise milestones and award the owner tax credits as reimbursement of some of the site cleanup costs upon completion of the cleanup.

F.S.376.80(2)(c) requires two public hearings to designate real property proposed by persons other than a governmental entity as a brownfield area for the purpose of environmental rehabilitation and economic development. The designation of a brownfield area must be made by resolution of the local government with jurisdiction over the proposed area, in this case, Seminole County, and two public hearings must be conducted in the designation of a brownfield site, the first public hearing took place on November 9, 2021, and this (December 14, 2021) is the second public hearing.

The designation of a site or area as a brownfield does not carry financial or environmental liability for the County. This designation allows for the cleanup and redevelopment of a site while promoting job creation in the area and, ultimately, increasing the tax base.

Per F.S.376.80(2)(c), for a to be designated as a brownfield, it must meet the following criteria:

1. Rehabilitation: A person who owns or controls a potential brownfield site is requesting the designation and has agreed to rehabilitate and redevelop the brownfield site;
   
   
2. Job Creation: The rehabilitation and redevelopment of the site will result in economic productivity, including the creation of at least five (5) new, full-time, permanent jobs not associated with the redevelopment or rehabilitation of the site;
   
   
3. Comp Plan: The redevelopment of the proposed brownfield site is consistent with the local comprehensive plan and is an allowable use under the applicable local land development regulations;
   
   
4. Notices: Notice of the proposed rehabilitation of the brownfield area has been provided to neighbors and nearby residents of the proposed area to be designated pursuant to paragraph (1)(c), and the person proposing the area for designation has afforded to those receiving notice the opportunity for comments and suggestions about rehabilitation. Notice pursuant to this subparagraph must be posted in the affected area; and
   
   
5. Financial Viability: The person proposing designation has provided reasonable assurance that he or she has sufficient financial resources to rehabilitate and redevelop the site.

PROPOSED SITE

The proposed site is 1980 Cameron Avenue, Sanford, FL also identified as three parcels 33-19-31-300-0050-0000, 33-19-300-139B-0000 and 33-19-31-300-015A-0000 located in unincorporated Seminole County. The overall site contains approximately 14.82 acres.
 
JCMJ LLC recently acquired the proposed site from UIG Construction-FLA LLC. Per Seminole County Business Tax Receipts, two businesses operate at this address: All Terrain Tractor Service Inc and Sunray Paving & Construction Company.
 
JCMJ LLC, has indicated intent to rehabilitate the site provided that they can enter into a cleanup agreement with FDEP. Through representation, JCMJ LLC has requested the County designate the site as a brownfield and has attested the site meets all the required criteria for such designation.
 
(1) JCMJ LLC has provided their representative, Cobb Cole, with authorization to proceed with the brownfield designation.
 
(2) JCMJ anticipates that redevelopment of the Property for commercial and industrial uses will result in the creation of more than five (5) new permanent, full-time equivalent jobs that are not associated with the redevelopment project, demolition, or construction at the property. New jobs include sales and service employment opportunities, site development positions, office administration, and management staff. Staff finds the attestation meets the job creation requirement. The environmental report has been reviewed by County Environmental Services staff, and the information provided is determined to be sufficient to indicate the potential actual or perceived presence of contaminants on the site, which will be ascertained through the FDEP brownfield cleanup process.
 
(3) The current zoning for this property is M-1 Industrial, and the Future Land Use Designation is Industrial. The proposed use for the site, once rehabilitated, is industrial. All Terrain Tractor Service, Inc and Sunray Paving & Construction will continue to operate at this location. County Development Services staff have reviewed the zoning and future land use and determined the use to be consistent with the comprehensive plan and a permissible use.
 
(4) A community meeting was conducted on October 20, 2021 after 5:00 p.m., within the required vicinity of the site. Notice of the meeting was provided through the Orlando Sentinel, Nextdoor, and a postcard was sent to 153 area residents within 500 feet of the site via USPS First Class mail.
 
(5) Cobb Cole and All Terrain Tractors shared financial documents that indicate they have the financial resources to complete the cleanup and redevelopment project. Staff reviewed these documents and found them sufficient to meet these criteria. 

The first Public Hearing of this item took place at the regularly scheduled Board of County Commissioners meeting on November 9, 2021.