TITLE
RESOLUTION AUTHORIZING THE ACCEPTANCE OF TEN (10) ENVIRONMENTALLY ENDANGERED LANDS COVENANTS IN MIAMI-DADE COUNTY, FLORIDA

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; and

WHEREAS, the attached ten (10) Covenants, identified as folio 30-7906-000-0100 at 28590 SW 170 Avenue (3.07 acres of hardwood hammock); folio 30-6914-000-0300 at 22520 SW 134 Avenue (4.333 acres of pine rockland); folio 30-6914-000-0290 in the vicinity of SW 224 Street and SW 134 Avenue (3.820 acres of pine rockland); folio 30-6928-000-0061 at 14940 Coconut Palm Drive (1.029 acres of pine rockland); folio 30-6921-000-0100 in the vicinity of SW 232 Street and SW 151 Avenue (8.753 acres of hardwood hammock); folio 30-6921-000-0132 in the vicinity of SW 232 Street and SW 151 Avenue (0.532 acres of hardwood hammock); folio 30-6917-000-0031 at 22000 SW 157 Avenue (2.763 acres of hardwood hammock); folio 30-6928-000-0500 at 26363 SW 152 Avenue (4.104 acres of transitional hardwood hammock/pine rockland); folio 30-6905-000-0200 at 16300 SW 184 Street (15.863 acres of pine rockland); and folio 33-5026-000-0230 at 7350 SW 162 Street (7.162 acres of hardwood hammock), have been submitted pursuant to Chapter 25B of the Code of Miami-Dade County, and Section 193.501, Florida Statutes, which Ordinance and Statute provide for beneficial ad valorem tax classifications for outdoor recreational or parkland and environmentally endangered lands; and

WHEREAS, the attached Covenants have been executed and are being proffered to this Board for acceptance, as indicated in the Manager�s memorandum, a copy of which is attached hereto and incorporated herein by reference; and

WHEREAS, this Board finds that the attached Covenants meet the criteria for County acceptance as set forth in Chapter 25B of the Code of Miami-Dade County,

HEADER
Date:

To: Honorable Chairman Dennis C. Moss
and Members, Board of County Commissioners

From: George M. Burgess
County Manager

Subject: Resolution Authorizing the Acceptance of Ten (10) Environmentally
Endangered Lands Covenants in Miami-Dade County

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) approve the attached resolution authorizing the acceptance of ten (10) covenants running with the land for the preservation and maintenance of environmentally endangered lands (EEL) listed below and attached hereto.

Scope
These covenants are for properties located in Commission District 8.

Fiscal Impact/Funding Source
Upon execution of the covenants and approval by the Board, these properties will receive preferential tax treatment through reductions in their assessed values from the Miami-Dade County Property Appraiser pursuant to Sec.193.501(3)(a), Florida Statutes.

Track Record/Monitor
The Director of the Department of Environmental Resources Management (DERM) will monitor these covenants as allowed by Chapter 25B (Article II) of the Code of Miami-Dade County.

MANAGER'S BACKGROUND
Background
Chapter 25B (Article II) of the Code Miami-Dade County was approved by the Board pursuant to Ordinance No. 79-105 on December 4, 1979. This ordinance allows qualifying owners in Miami-Dade County to voluntarily enter into a 10-year covenant with the Board, stipulating that their property will be preserved and maintained in its natural state subject to one or more conservation restrictions. The purpose of the ordinance is to provide an economic incentive for owners of environmentally endangered lands, such as hammocks and pinelands, to manage their land; thereby maintaining the lands� natural resource value. This is particularly significant in the rural areas of Miami-Dade County where many property owners have an economic incentive to clear forested lands and replace them with fruit groves or vegetable crops in order to qualify for an agricultural tax exemption.

Upon execution of the covenants and approval by the Board, the properties will receive preferential tax treatment by receiving a substantial reduction in their assessed value from the Miami-Dade County Property appraiser in accordance with the criteria in Sec.193.501(3)(a), Florida Statutes. This will result in tax savings to the property owners.

In the event that a property owner breaches any portion of the covenant, the property owner is then liable for all back taxes (i.e. taxes that would have been required had the endangered land assessment not been obtained) plus state-mandated interest penalties on the back taxes.

The Department of Environmental Resources Management (DERM) is responsible for the evaluation of all applications for environmentally endangered lands tax exemptions. Factors considered by DERM in reviewing applications include ecological significance, site integrity, farming suitability, agricultural tax exemption and the likelihood of further subdivision of the site. Existing zoning for each application is also considered by DERM.

Once a site has been determined to meet the minimum threshold for ecological significance and integrity, the application and covenant are submitted to the Board for approval.

The subject sites, listed below, meet the above-mentioned criteria for environmentally endangered lands. Therefore, the Director of DERM is recommending approval for acceptance of ten (10) EEL covenants for these properties.

New Covenants

1) Thomas J. Blakley (3.07 acres of hardwood hammock)
Folio 30-7906-000-0100 located at 28590 SW 170 Avenue, Miami-Dade County, Florida.

2) The estate of Donald F. Davis (4.333 acres of pine rockland)
Folio 30-6914-000-0300 located at 22520 SW 134 Avenue, Miami-Dade County, Florida.

3) The estate of Donald F. Davis (3.820 acres of pine rockland)
Folio 30-6914-000-0290 located in the vicinity of SW 224 Street and SW 134 Avenue, Miami-Dade County, Florida.

4) Todd & Jill Hardwick (1.029 acres of pine rockland)
Folio 30-6928-000-0061 located at 14940 Coconut Palm Drive, Miami-Dade County, Florida.

5) JMC Groves, LLC (8.753 acres of hardwood hammock)
Folio 30-6921-000-0100 located in the vicinity of SW 232 Street and SW 151 Avenue,
Miami-Dade County, Florida.

6) JMC Groves, LLC (0.532 acres of hardwood hammock)
Folio 30-6921-000-0132 located in the vicinity of SW 232 Street and SW 151 Avenue,
Miami-Dade County, Florida.

7) Nesbitt Goulds, LLC (2.763 acres of hardwood hammock)
Folio 30-6917-000-0031 located at 22000 SW 157 Avenue, Miami-Dade County, Florida.

8) Jason & Charlotte Springer (4.104 acres of transitional hardwood hammock/pine rockland)
Folio 30-6928-000-0500 located at 26363 SW 152 Avenue, Miami-Dade County, Florida.

9) Coleen H. Tietig (15.863 acres of pine rockland)
Folio 30-6905-000-0200 located at 16300 SW 184 Street, Miami-Dade County, Florida.

10)L.A. and Marta S. Weeks (7.162 acres of hardwood hammock)
Folio 33-5026-000-0230 located at 7350 SW 162 Street, Miami-Dade County, Florida.



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Assistant County Manager