Overview
The Florida Brownfields Program (FBP) is used as a mechanism to voluntarily clean and redevelop brownfields sites and areas which by definition are abandoned, idled, or underused industrial and commercial properties where expansion, reuse or redevelopment may be complicated by real or perceived environmental contamination. The FBP was originally established in 1997 and the City has participated and adopted the Florida Brownfields Redevelopment Act into the Code of Ordinances to guide and promote brownfields redevelopment in the State of Florida. In 2002, the City was awarded a Brownfields Assessment Demonstration Community Grant by the U.S. Environmental Protection Agency and received the amount of $169,000.00 to formulate and administer a brownfields redevelopment program and conduct environmental site assessments on selected sites. The overall goal of the FBP is to return as many brownfields properties into active use as possible.
The FBP in the City remained active until about 2007 when the existing grant funds were expended. During this time period some 56 sites within the City were identified as potential brownfields sites or areas, and multiple assessments and / or remediation’s were completed, including the Imaginarium.
In the spring of 2009 the City re-established the brownfield program and is actively pursuing grant funding, expansion of brownfield areas and continued economic and environmental redevelopment throughout Fort Myers.
What Are Brownfields?
Brownfield Sites are generally abandoned, idled, or underused industrial and commercial properties where expansion or redevelopment is complicated by real or perceived environmental contamination. 376.79(3), F.S.
Brownfield Area is a contiguous area of one or more brownfield sites, some of which may not be contaminated, and which have been designated by a local government by resolution. Such areas may include all or portions of community redevelopment areas, enterprise zones, or other such designated economically deprived communities and areas, and Environmental Protection Agency designated brownfield pilot projects. 376.79(4), F.S.
Brownfield Redevelopment is the process of rehabilitating and revitalizing abandoned, idled, or underused industrial sites or areas though public and private action.
Community Benefits
Eventual redevelopment of Brownfields results in unsightly buildings being removed or renovated. These physical improvements will add to the beauty of our neighborhoods and our City as a whole. More importantly, health risks to those living and/or working near these sites will diminish, as potentially harmful contaminants are removed. Finally, redevelopment of unproductive parcels of land will result in creation of new jobs in the community in addition to improving the City's tax base. In general, Brownfields redevelopment contributes to a better community in which to live and work.
Funding Sources
Currently there are a variety of funding sources available to assist with Brownfields redevelopment.
EPA Grants
EPA Brownfields Assessment Grant
- Up to $400,000 Annually to Local Governments and $1,000,000 for Coalitions
- Phase I and II Assessments
EPA Brownfields Cleanup Grant
- Up to $600,000 Annually with a Maximum of $200,000 Per Site
Brownfields Cleanup Revolving Loan Fund
- Up to $1,000,000 Annually for Cleanup and $1,000,000 for Coalitions
Job Training
- Up to $200,000 for Residents of the Brownfields Areas
State Incentives
Brownfields Bonus Refund
- $2,500 Tax Refund per Job Created
- Stack Tax Credits with Enterprise Zone and QTI up to $10,500
Building Materials Sales Tax Refund for Affordable Housing
- 20% Low to Moderate Income
Developer Liability Protection
Lender Liability Protection
Voluntary Cleanup Tax Credit (VCTC)
- 50% of Site Rehabilitation Costs with a $500,000 Max Annually
- Applicable to Corporate Income Tax Liability
- Affordable Housing Projects / Health Care Facilities up to 75%
- Solid Waste Removal Costs up to 50%
- Additional 25% Issuance of SRCO / NFA
Targeted Site Assessments
- FDEP dollars for Assessment and Cleanup
Brownfields Loan Guarantee
- 50% of Primary Lender’s Loan
- 75% for Affordable Housing / Health Care
Economic Stimulus Money
Brownfields - $100 Million
- $50 Million award to fund “quality proposals” submitted under competitions held within the past 18 months, includes the FY2008 Brownfields Grant Applications (City not eligible)
- $40 Million for Supplemental Successful Brownfields Cleanup Revolving Loan Funds
- 20% cost-share requirements waived
- Focus on Shovel Ready – Sustainable – “Green Brownfields Initiative”
- 10-20 new Job Training Grants
- Regional Targeted Brownfields Site Assessment Funding
Superfund - $600 Million
- Additional funding for cleanup, limited to Superfund sites
LUST - $200 Million
- Additional funding for Leaking Underground Storage Tank trust fund, for cleanup of petroleum leaks; state matching requirements waived
Related Economic Stimulus Money
State Clean Water and Drinking Water Revolving Loan Funds - $6 Billion
- Additional capital, state SRF program, for water quality – related construction and improvement projects
- Potential Brownfields Connection – communities have used both RLFs creatively to meet Brownfields cleanup needs at sites and facilities that affect water quality
Neighborhood Stabilization Program
- Purchase, management, and / or resale of abandoned properties
- Demotion of blighted properties
- Redevelopment of vacant or demolished properties
- Establishment of land banks for foreclosed homes and residential properties
Community Development Block Grants (CDBG) - $1 billion
Rural Development - $130 Million for facilities and $150 Million for business loans and grants
- Grant and Loan Funding
- Rural development / business industry projects
- Facilities such as healthcare, education, fire and rescue, and community centers
Economic Development Assistance through EDA - $150 Million, with $50 Million eligible to be transferred to regional planning commissions (RPC’s)
- Address long-term economic distress and dislocation in areas suffering from job losses due to corporate downsizing and other economic conditions
Economic Stimulus Tax Code Provisions of Potential Use to Brownfields Cleanup and Reuse Strategies
New Market Tax Credits – Increased authorized allocations to $5 billion in 2008 / 2009
Clean Renewable Energy Bonds – Increased to $1.6 billion
Energy Conservation Bonds – Increased to $3.2 billion
Brownfields Tax Incentive
City’s Brownfields Policy
Brownfields not addressed by environmental remediation are an inefficient economic use of urban land; contribute to community decline, slum and blight; present a potential hazard to public health; and, if unaddressed, brownfields result in premature expansion and sprawl of urban development. Environmental remediation and reuse of brownfields are in the economic, environmental and community interests of the City and shall be a priority in implementation of the City's Comprehensive Plan.
Therefore, it is the policy of the City Council of the City of Fort Myers to provide assistance and incentives to public and private landowners and businesses to facilitate the environmental cleanup and reuse of contaminated urban property.
The City of Fort Myers Brownfields Redevelopment Program was established to execute the directives of this policy.
Program Qualifications
Eligible brownfields projects shall meet the minimum requirements of the applicable designation and assistance guidelines under the Federal, State or City program for which the project is seeking to qualify. It is not the intent of the Fort Myers City Council to establish requirements for qualifications other than those of the Brownfields Redevelopment Program policy and existing brownfields laws and rules. Qualifying brownfields projects shall meet the basic definition and intent of brownfield development and reuse.
Brownfield Designation Process
Pre-Application Meeting
The brownfield project sponsor/applicant meets with City staff and other brownfields interested agencies to discuss the brownfields redevelopment project applications and compliance with the City program qualifications.
Provide Documents for Brownfields Designation Consideration
Applicant completes and submits the City's brownfields designation application to qualify for assistance under the Florida Brownfields Redevelopment Act or for the City's Brownfields Redevelopment Program. Applicant also submits the following support documents:
- Zoning Verification Letter from the City stating that uses of the proposed project are permitted.
- Letter from the City of Fort Myers Community Development Department stating that the proposed brownfields area is consistent with the City Comprehensive Plan.
City Staff Action
Upon receipt of the Brownfield Designation application, the Brownfield Coordinator reviews the application and, if it is accepted, circulates a public notice, and prepares a staff report.
Brownfields Advisory Board Consideration
Staff presents the application for consideration to the Brownfields Advisory Board recommending approval. The agenda item shall be scheduled within 90 days of staff deeming the application complete and adequate.
Resolution by the City of Fort Myers City Council
After favorable consideration by the Brownfields Advisory Board, the City of Fort Myers City Council shall consider a resolution designating the proposed site a brownfields area under the Florida Brownfields Redevelopment Act.
Filings with Federal and State Agencies
City Council action for a brownfields designation shall be filed with the Florida Department of Environmental Protection in compliance with the Florida Brownfields Redevelopment Act.
Success Stories!
Imaginarium
The Imaginarium Hands on Museum and Aquarium, located at the former water reclamation/coal gasification plant on Martin Luther King, Jr. Boulevard. The transformation of the site, including brownfield remediation has taken a potential environmental and health hazard area and created a center for hands on education in Southwest Florida.
Palm Park
Remediation of the Palm Park on Martin Luther King, Jr. Boulevard, the former site of the Harts Dairy facility located directly in front of the Southwest Florida Museum of History, transformed an area of urban blight into a visually pleasing and functional greenspace for the City and provides an enhancement along the gateway to the River District and historic downtown.
Abbott Shrimp Dock (Vue Development)
Removal of underground kerosene storage within the riverfront property in downtown Fort Myers transformed an abandoned site into a viable redevelopment property within the River District.
3275 Martin Luther King, Jr. Boulevard
Now known as Clemente Park, located in front of the Williams Academy, a local historic landmark, the property was formerly used as a gas station and auto repair service station. Acquisition by the City and removal of kerosene pull, a hydraulic lift, and an underground fuel tank allowed the City to develop plans for the future neighborhood park, and access grant funding nearing $100,000 from the Department of Environmental Protection (DEP) to help fund the cost of playground equipment for neighborhood youth.
2780 South Street
Once part of a larger City owned industrial park, the site had previously held a gas station, truck rental center, among other automotive uses, and had underground oil storage. To sell and remediate the site the entered into contract with a private developer to purchase the property, and made remediation possible by reducing the sale price of the property to the equivalent cost of the remediation, with the requirement that the property owner enter into a Building Site Remediation Agreement (BSRA) with the Department of Environmental Protection (DEP). The project was then monitored by the DEP until completion and a No-Further Action letter was received. Today the property is prepared for redevelopment.
Strategic Planning Initiative
To better maximize grant monies available and provide the greatest benefit to the community, staff has established a collaborative of various City Departments in existence with the goal to:
- Identify all areas currently targeted by various programs and agencies for redevelopment.
- Identify all existing and prospective funding sources available to each agency.
- Identify existing priorities by each agency.
- Develop group consensus on common priorities of each program and agency.
- Establish a list of priorities that each program and agency can support in its ranking.
- Develop area and site specific redevelopment goals.
- Prepare specific site and area reports that include the redevelopment goals, programs and agencies involved, existing and proposed funding sources, and an implementation program.
2009 Community Wide Brownfield Assessment Grant Application
2010 Area Wide Pilot Project Grant Application
Brownfield Advisory Board
As part of the Brownfield Redevelopment Program, the City of Fort Myers has established a Brownfield Advisory Board. The purpose of the Board is to promote and receive public comment on the identification, rehabilitation and redevelopment of Brownfield sites. The Board provides guidance in areas such as future land use, local employment opportunities, development proposals, community safety, and environmental justice as they relate to Brownfields. The Board reviews and recommends ways to encourage public interest and participation in the Brownfields initiative. The Board also assists in guiding and setting policy for the City’s Brownfield Redevelopment Program.
Board members are primarily residents or individuals owning a business in the city; however, residency or business ownership is not required. Two members of the board are a) Owners or employees of firms specializing in environmental cleanup and remediation; b) Specializing in environmental training; or, c) Real estate professionals with experience in redevelopment. And two members are experienced in the field of vocational/technical training or have experience in academic teaching on a college level.
Qualifications
- Residents or individuals owning a business in the city shall receive primary consideration for nomination and appointment as members of the Brownfield Advisory Board; however, residency or business ownership in the city shall not be required.
- Two members of the board shall be owners or employees of firms specializing in environmental cleanup and remediation, specializing in environmental training or real estate professionals with experience in redevelopment.
- Two members shall be experienced in the field of vocational/technical training or have experience in academic training.
Overview
The Florida Brownfields Program (FBP) is used as a mechanism to voluntarily clean and redevelop brownfields sites and areas which by definition are abandoned, idled, or underused industrial and commercial properties where expansion, reuse or redevelopment may be complicated by real or perceived environmental contamination. The FBP was originally established in 1997 and the City has participated and adopted the Florida Brownfields Redevelopment Act into the Code of Ordinances to guide and promote brownfields redevelopment in the State of Florida. In 2002, the City was awarded a Brownfields Assessment Demonstration Community Grant by the U.S. Environmental Protection Agency and received the amount of $169,000.00 to formulate and administer a brownfields redevelopment program and conduct environmental site assessments on selected sites. The overall goal of the FBP is to return as many brownfields properties into active use as possible.
The FBP in the City remained active until about 2007 when the existing grant funds were expended. During this time period some 56 sites within the City were identified as potential brownfields sites or areas, and multiple assessments and / or remediation’s were completed, including the Imaginarium.
In the spring of 2009 the City re-established the brownfield program and is actively pursuing grant funding, expansion of brownfield areas and continued economic and environmental redevelopment throughout Fort Myers.
What Are Brownfields?
Brownfield Sites are generally abandoned, idled, or underused industrial and commercial properties where expansion or redevelopment is complicated by real or perceived environmental contamination. 376.79(3), F.S.
Brownfield Area is a contiguous area of one or more brownfield sites, some of which may not be contaminated, and which have been designated by a local government by resolution. Such areas may include all or portions of community redevelopment areas, enterprise zones, or other such designated economically deprived communities and areas, and Environmental Protection Agency designated brownfield pilot projects. 376.79(4), F.S.
Brownfield Redevelopment is the process of rehabilitating and revitalizing abandoned, idled, or underused industrial sites or areas though public and private action.
Community Benefits
Eventual redevelopment of Brownfields results in unsightly buildings being removed or renovated. These physical improvements will add to the beauty of our neighborhoods and our City as a whole. More importantly, health risks to those living and/or working near these sites will diminish, as potentially harmful contaminants are removed. Finally, redevelopment of unproductive parcels of land will result in creation of new jobs in the community in addition to improving the City's tax base. In general, Brownfields redevelopment contributes to a better community in which to live and work.
Funding Sources
Currently there are a variety of funding sources available to assist with Brownfields redevelopment.
EPA Grants
EPA Brownfields Assessment Grant
- Up to $400,000 Annually to Local Governments and $1,000,000 for Coalitions
- Phase I and II Assessments
EPA Brownfields Cleanup Grant
- Up to $600,000 Annually with a Maximum of $200,000 Per Site
Brownfields Cleanup Revolving Loan Fund
- Up to $1,000,000 Annually for Cleanup and $1,000,000 for Coalitions
Job Training
- Up to $200,000 for Residents of the Brownfields Areas
State Incentives
Brownfields Bonus Refund
- $2,500 Tax Refund per Job Created
- Stack Tax Credits with Enterprise Zone and QTI up to $10,500
Building Materials Sales Tax Refund for Affordable Housing
- 20% Low to Moderate Income
Developer Liability Protection
Lender Liability Protection
Voluntary Cleanup Tax Credit (VCTC)
- 50% of Site Rehabilitation Costs with a $500,000 Max Annually
- Applicable to Corporate Income Tax Liability
- Affordable Housing Projects / Health Care Facilities up to 75%
- Solid Waste Removal Costs up to 50%
- Additional 25% Issuance of SRCO / NFA
Targeted Site Assessments
- FDEP dollars for Assessment and Cleanup
Brownfields Loan Guarantee
- 50% of Primary Lender’s Loan
- 75% for Affordable Housing / Health Care
Economic Stimulus Money
Brownfields - $100 Million
- $50 Million award to fund “quality proposals” submitted under competitions held within the past 18 months, includes the FY2008 Brownfields Grant Applications (City not eligible)
- $40 Million for Supplemental Successful Brownfields Cleanup Revolving Loan Funds
- 20% cost-share requirements waived
- Focus on Shovel Ready – Sustainable – “Green Brownfields Initiative”
- 10-20 new Job Training Grants
- Regional Targeted Brownfields Site Assessment Funding
Superfund - $600 Million
- Additional funding for cleanup, limited to Superfund sites
LUST - $200 Million
- Additional funding for Leaking Underground Storage Tank trust fund, for cleanup of petroleum leaks; state matching requirements waived
Related Economic Stimulus Money
State Clean Water and Drinking Water Revolving Loan Funds - $6 Billion
- Additional capital, state SRF program, for water quality – related construction and improvement projects
- Potential Brownfields Connection – communities have used both RLFs creatively to meet Brownfields cleanup needs at sites and facilities that affect water quality
Neighborhood Stabilization Program
- Purchase, management, and / or resale of abandoned properties
- Demotion of blighted properties
- Redevelopment of vacant or demolished properties
- Establishment of land banks for foreclosed homes and residential properties
Community Development Block Grants (CDBG) - $1 billion
Rural Development - $130 Million for facilities and $150 Million for business loans and grants
- Grant and Loan Funding
- Rural development / business industry projects
- Facilities such as healthcare, education, fire and rescue, and community centers
Economic Development Assistance through EDA - $150 Million, with $50 Million eligible to be transferred to regional planning commissions (RPC’s)
- Address long-term economic distress and dislocation in areas suffering from job losses due to corporate downsizing and other economic conditions
Economic Stimulus Tax Code Provisions of Potential Use to Brownfields Cleanup and Reuse Strategies
New Market Tax Credits – Increased authorized allocations to $5 billion in 2008 / 2009
Clean Renewable Energy Bonds – Increased to $1.6 billion
Energy Conservation Bonds – Increased to $3.2 billion
Brownfields Tax Incentive
City’s Brownfields Policy
Brownfields not addressed by environmental remediation are an inefficient economic use of urban land; contribute to community decline, slum and blight; present a potential hazard to public health; and, if unaddressed, brownfields result in premature expansion and sprawl of urban development. Environmental remediation and reuse of brownfields are in the economic, environmental and community interests of the City and shall be a priority in implementation of the City's Comprehensive Plan.
Therefore, it is the policy of the City Council of the City of Fort Myers to provide assistance and incentives to public and private landowners and businesses to facilitate the environmental cleanup and reuse of contaminated urban property.
The City of Fort Myers Brownfields Redevelopment Program was established to execute the directives of this policy.
Program Qualifications
Eligible brownfields projects shall meet the minimum requirements of the applicable designation and assistance guidelines under the Federal, State or City program for which the project is seeking to qualify. It is not the intent of the Fort Myers City Council to establish requirements for qualifications other than those of the Brownfields Redevelopment Program policy and existing brownfields laws and rules. Qualifying brownfields projects shall meet the basic definition and intent of brownfield development and reuse.
Brownfield Designation Process
Pre-Application Meeting
The brownfield project sponsor/applicant meets with City staff and other brownfields interested agencies to discuss the brownfields redevelopment project applications and compliance with the City program qualifications.
Provide Documents for Brownfields Designation Consideration
Applicant completes and submits the City's brownfields designation application to qualify for assistance under the Florida Brownfields Redevelopment Act or for the City's Brownfields Redevelopment Program. Applicant also submits the following support documents:
- Zoning Verification Letter from the City stating that uses of the proposed project are permitted.
- Letter from the City of Fort Myers Community Development Department stating that the proposed brownfields area is consistent with the City Comprehensive Plan.
City Staff Action
Upon receipt of the Brownfield Designation application, the Brownfield Coordinator reviews the application and, if it is accepted, circulates a public notice, and prepares a staff report.
Brownfields Advisory Board Consideration
Staff presents the application for consideration to the Brownfields Advisory Board recommending approval. The agenda item shall be scheduled within 90 days of staff deeming the application complete and adequate.
Resolution by the City of Fort Myers City Council
After favorable consideration by the Brownfields Advisory Board, the City of Fort Myers City Council shall consider a resolution designating the proposed site a brownfields area under the Florida Brownfields Redevelopment Act.
Filings with Federal and State Agencies
City Council action for a brownfields designation shall be filed with the Florida Department of Environmental Protection in compliance with the Florida Brownfields Redevelopment Act.
Success Stories!
Imaginarium
The Imaginarium Hands on Museum and Aquarium, located at the former water reclamation/coal gasification plant on Martin Luther King, Jr. Boulevard. The transformation of the site, including brownfield remediation has taken a potential environmental and health hazard area and created a center for hands on education in Southwest Florida.
Palm Park
Remediation of the Palm Park on Martin Luther King, Jr. Boulevard, the former site of the Harts Dairy facility located directly in front of the Southwest Florida Museum of History, transformed an area of urban blight into a visually pleasing and functional greenspace for the City and provides an enhancement along the gateway to the River District and historic downtown.
Abbott Shrimp Dock (Vue Development)
Removal of underground kerosene storage within the riverfront property in downtown Fort Myers transformed an abandoned site into a viable redevelopment property within the River District.
3275 Martin Luther King, Jr. Boulevard
Now known as Clemente Park, located in front of the Williams Academy, a local historic landmark, the property was formerly used as a gas station and auto repair service station. Acquisition by the City and removal of kerosene pull, a hydraulic lift, and an underground fuel tank allowed the City to develop plans for the future neighborhood park, and access grant funding nearing $100,000 from the Department of Environmental Protection (DEP) to help fund the cost of playground equipment for neighborhood youth.
2780 South Street
Once part of a larger City owned industrial park, the site had previously held a gas station, truck rental center, among other automotive uses, and had underground oil storage. To sell and remediate the site the entered into contract with a private developer to purchase the property, and made remediation possible by reducing the sale price of the property to the equivalent cost of the remediation, with the requirement that the property owner enter into a Building Site Remediation Agreement (BSRA) with the Department of Environmental Protection (DEP). The project was then monitored by the DEP until completion and a No-Further Action letter was received. Today the property is prepared for redevelopment.
Strategic Planning Initiative
To better maximize grant monies available and provide the greatest benefit to the community, staff has established a collaborative of various City Departments in existence with the goal to:
- Identify all areas currently targeted by various programs and agencies for redevelopment.
- Identify all existing and prospective funding sources available to each agency.
- Identify existing priorities by each agency.
- Develop group consensus on common priorities of each program and agency.
- Establish a list of priorities that each program and agency can support in its ranking.
- Develop area and site specific redevelopment goals.
- Prepare specific site and area reports that include the redevelopment goals, programs and agencies involved, existing and proposed funding sources, and an implementation program.
2009 Community Wide Brownfield Assessment Grant Application
2010 Area Wide Pilot Project Grant Application
Brownfield Advisory Board
As part of the Brownfield Redevelopment Program, the City of Fort Myers has established a Brownfield Advisory Board. The purpose of the Board is to promote and receive public comment on the identification, rehabilitation and redevelopment of Brownfield sites. The Board provides guidance in areas such as future land use, local employment opportunities, development proposals, community safety, and environmental justice as they relate to Brownfields. The Board reviews and recommends ways to encourage public interest and participation in the Brownfields initiative. The Board also assists in guiding and setting policy for the City’s Brownfield Redevelopment Program.
Board members are primarily residents or individuals owning a business in the city; however, residency or business ownership is not required. Two members of the board are a) Owners or employees of firms specializing in environmental cleanup and remediation; b) Specializing in environmental training; or, c) Real estate professionals with experience in redevelopment. And two members are experienced in the field of vocational/technical training or have experience in academic teaching on a college level.
Qualifications
- Residents or individuals owning a business in the city shall receive primary consideration for nomination and appointment as members of the Brownfield Advisory Board; however, residency or business ownership in the city shall not be required.
- Two members of the board shall be owners or employees of firms specializing in environmental cleanup and remediation, specializing in environmental training or real estate professionals with experience in redevelopment.
- Two members shall be experienced in the field of vocational/technical training or have experience in academic training.