Miami-Dade Legislative Item
File Number: 111045
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File Number: 111045 File Type: Resolution Status: Adopted
Version: 0 Reference: R-516-11 Control: Board of County Commissioners
File Name: WETLANDS LOCATED IN THE EAST TURNPIKE WETLANDS BASIN Introduced: 5/6/2011
Requester: Department of Environmental Resources Management Cost: Final Action: 7/7/2011
Agenda Date: 7/7/2011 Agenda Item Number: 8D1A
Notes: IB 05/06/11 Title: RESOLUTION AUTHORIZING THE ACCEPTANCE OF A RESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY BY THE CITY OF HIALEAH TO PRESERVE AND ENHANCE 10.07 ACRES OF WETLANDS LOCATED IN THE EAST TURNPIKE WETLAND BASIN WITHIN THE THEORETICAL RIGHT-OF-WAY OF NW 166 STREET BETWEEN NW 107 AVENUE AND NW 97 AVENUE IN SECTION 17, TOWNSHIP 52 SOUTH, RANGE 40 EAST, MIAMI-DADE COUNTY, FLORIDA
Indexes: RESTRICTIVE COVENANT
  WETLAND
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 7/7/2011 8D1A Adopted P
REPORT: Note: During consideration of the changes to today’s (7/7) agenda, a scrivener’s error existing in the foregoing resolution was corrected as follows: On handwritten page 2 under the background section, the first sentence of the second paragraph should state that the site is located inside the Miami-Dade County Urban Development Boundary.

County Manager 7/6/2011 Scrivener's Errors 7/7/2011
REPORT: On handwritten page 2 under the background section, the first sentence of the second paragraph should state that the site is located inside the Miami-Dade County Urban Development Boundary.

Infrastructure and Land Use Committee 6/15/2011 3A Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed resolution into the record. Hearing no comments or questions, the Committee proceeded to vote on the foregoing proposed resolution as presented.

County Attorney 6/1/2011 Assigned Abbie N. Schwaderer

County Manager 5/31/2011 Assigned County Attorney 7/7/2011
REPORT: Changes completed-DERM; SPONSOR: COMMISSIONER DIAZ; [ATTACHMENTS: 1. CLASS IV PERMIT FW 09-036; 2. RESTRICTIVE COVENANT; 3. CITY OF HIALEAH REVERSE OSMOSIS TREATMENT PLANT MITIGATION PKG; ]; ASSISTANT COUNTY ATTORNEY ABBIE SCHWADERER-RAURELL;

County Attorney 5/17/2011 Assigned County Manager's Office
REPORT: item returned for changes

County Attorney 5/17/2011 Assigned Abbie N. Schwaderer

County Manager 5/16/2011 Assigned County Attorney 7/7/2011 5/16/2011
REPORT: CAO had some additional changes after the one I sent previously. Changes completed and item being resubmitted. Please note that the original Legistar # was 110890 which was deleted. Item was resubmitted 5/6 under 111045

County Attorney 5/12/2011 Assigned County Manager's Office
REPORT: Item returned for changes

County Attorney 5/10/2011 Assigned Abbie N. Schwaderer

County Manager 5/6/2011 Assigned County Attorney 7/7/2011
REPORT: DERM; SPONSOR: COMMISSIONER DIAZ; REPLACEMENT ITEM FOR 110890; [ATTACHMENTS: 1. CLASS IV PERMIT FW 09-036; 2. RESTRICTIVE COVENANT; 3. CITY OF HIALEAH REVERSE OSMOSIS TREATMENT PLANT MITIGATION PKG; ]; ASSISTANT COUNTY ATTORNEY ABBIE SCHWADERER-RAURELL; (Item was initially delivered to CAO under 110890 which was deleted).

County Manager 5/6/2011 Assigned Sue Torriente 5/11/2011 5/6/2011

Legislative Text


TITLE

RESOLUTION AUTHORIZING THE ACCEPTANCE OF A RESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY BY THE CITY OF HIALEAH TO PRESERVE AND ENHANCE 10.07 ACRES OF WETLANDS LOCATED IN THE EAST TURNPIKE WETLAND BASIN WITHIN THE THEORETICAL RIGHT-OF-WAY OF NW 166 STREET BETWEEN NW 107 AVENUE AND NW 97 AVENUE IN SECTION 17, TOWNSHIP 52 SOUTH, RANGE 40 EAST, 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.

WHEREAS, the attached Restrictive Covenant Running With the Land in Favor of Miami-Dade County by the City of Hialeah for the property described in Exhibit A of said restrictive covenant and located within the theoretical right-of-way of NW 166 Street between NW 107 Avenue and NW 97 Avenue, Miami-Dade County, Florida, has been submitted pursuant to Section 24-48.2(I)(B)(2)(b) of the Code of Miami-Dade County; and

wHEREAS, the attached restrictive covenant is being proffered to this Board for approval, as indicated in the Manager’s memorandum, a copy of which is attached hereto and incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board, through the County Mayor or designee, hereby accepts the attached Restrictive Covenant Running With the Land in Favor of Miami-Dade County by the City of Hialeah to enhance and preserve a 10.07-acre Wetland Mitigation Area and authorizes the recording of said Restrictive Covenant in the public records of Miami-Dade County, at the expense of the applicant, in substantially the form attached hereto and made a part hereof, and pursuant to Resolution No. R-974-09, hereby directs the Mayor or the Mayor’s designee to provide a recorded copy of the aforementioned covenant to the Clerk of the Board within thirty (30) days of the effective date of this Resolution and furthermore directs the Clerk of the Board to attach and permanently store a recorded copy of the aforementioned covenant together with this Resolution.

HEADER
Date:

To: Honorable Joe A. Martinez, Chairman
and Members, Board of County Commissioners

From: Alina T. Hudak
County Manager

Subject: Resolution Authorizing the Acceptance of a Restrictive Covenant Running with the Land in Favor of Miami-Dade County by the City of Hialeah to Enhance and Preserve 10.07 Acres of Wetlands Located in the East Turnpike Wetland Basin within the Theoretical Right-of-Way of NW 166 Street between NW 107 Avenue and NW 97 Avenue

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board approve the attached resolution authorizing the acceptance of a restrictive covenant running with the land in favor of Miami-Dade County by the City of Hialeah.

Scope
The subject property is located within the theoretical right-of-way of NW 166 Street between NW 97 Avenue and NW 107 Avenue in Miami-Dade County, Florida, in Commissioner Diaz’s District 12.

Fiscal Impact/Funding Source
Not applicable.

Track Record/Monitor
Not applicable.

BODY
On November 29, 2010, the Department of Environmental Resources Management (DERM) issued Class IV Wetland Permit FW 09-036 (Attachment 1) to the City of Hialeah authorizing the filling of 9.93 acres of wetlands in the East Turnpike Wetland Basin for the construction of a reverse osmosis water treatment plant and dry retention ponds. The permit did not require Board approval under Ch. 24-48.2(I)(A)(21) and was issued administratively by DERM. The permit requires mitigation for the impacts to those wetlands in the form of onsite and offsite wetland restoration and requires a restrictive covenant running with the land. The covenant (Attachment 2) specifies that a 10.07 acre wetland area will be preserved and enhanced according to the Class IV Permit conditions and the “City of Hialeah Reverse Osmosis Treatment Plant Mitigation Package” (Attachment 3). Pursuant to Ch. 24-48.2(I)(B)(2)(b) of the Code of Miami-Dade County, the covenant is subject to approval by the Board.

The wetland preservation area is adjacent to a former landfill, agricultural fields and natural wetland areas and is located outside the Miami-Dade County Urban Development Boundary. Historically, the general vicinity of the project consisted of freshwater marshes and prairies with poorly drained hydric soils. The proposed onsite mitigation area is described as an impacted freshwater marsh that will be cleared, re-graded and planted with native wetland species in order to support a long hydroperiod wetland habitat, and the site will be monitored and maintained to minimize the propagation of invasive plant species. It is expected that the planted marsh will provide refuge for aquatic invertebrates, amphibians, wading birds and fish that live and forage in wetland areas, and it will provide storage and filtration of surface runoff prior to groundwater recharge.

Based upon the applicable evaluation factors set forth in Section 24-48.3 of the Code of Miami-Dade County, it is recommended that the Board approve the attached resolution.

Attachments
Attachment 1: Class IV Wetlands Permit FW 09-036
Attachment 2: Restrictive Covenant
Attachment 3: City of Hialeah Reverse Osmosis Treatment Plant Mitigation Package

_____________________________
Assistant County Manager



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