Miami-Dade Legislative Item
File Number: 112248
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File Number: 112248 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1053-11 Control: Board of County Commissioners
File Name: ACCEPTANCE OF EEL COVENANTS Introduced: 10/24/2011
Requester: Permitting, Environment & Regulatory Affairs Cost: Final Action: 12/6/2011
Agenda Date: 12/6/2011 Agenda Item Number: 8I2
Notes: TLL- 10/24/2011 Title: RESOLUTION AUTHORIZING THE ACCEPTANCE OF ELEVEN (11) ENVIRONMENTALLY ENDANGERED LANDS COVENANTS AND THE AMENDMENT OF ONE (1) EXISTING ENVIRONMENTALLY ENDANGERED LANDS COVENANT IN MIAMI-DADE COUNTY, FLORIDA
Indexes: ENVIRONMENTALLY ENDANGERED LANDS PROGRAM
Sponsors: Dennis C. Moss, Co-Prime Sponsor
  Lynda Bell, Co-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 12/6/2011 8I2 Adopted P

Infrastructure and Land Use Committee 11/9/2011 3C Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the title of the foregoing proposed resolution into the record. Hearing no comments or questions, the Committee voted on the foregoing proposed resolution as presented.

County Attorney 10/27/2011 Assigned Robert A. Duvall 10/28/2011

County Mayor 10/24/2011 Assigned County Attorney 12/6/2011
REPORT: PERA (ATTACHMENT(S): A-L: LAND COVENANTS) (ASST. COUNTY ATTY: ROBERT DUVALL) (CMSRS MOSS AND BELL)

County Mayor 10/24/2011 Assigned Jack Osterholt 10/21/2011 10/21/2011

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE ACCEPTANCE OF ELEVEN (11) ENVIRONMENTALLY ENDANGERED LANDS COVENANTS AND THE AMENDMENT OF ONE (1) EXISTING ENVIRONMENTALLY ENDANGERED LANDS COVENANT 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 twelve (12) covenants, identified as folio 30-6921-000-0092 located at 23905 Kingman Road (4.30 acres of pine rockland); folio 30-6916-001-0530 at 22150 SW 154 Avenue (1.57 acres of hardwood hammock); folio 30-6916-001-0671 at 14925 SW 232 Street (3.77 acres of hardwood hammock); folio 30-6916-001-0670 at 14910 SW 228 Street (3.72 acres of hardwood hammock); folio 30-6916-001-0680 at 14975 SW 232 Street (3.8 acres of hardwood hammock); folio 30-6916-001-0681 located in the vicinity of SW 228 Street & 149 Avenue (5.0 acres of hardwood hammock); folio 30-6931-000-0560 at 17290 SW 264 Street (1.8 acres of hardwood hammock/pine rockland); folio 30-6916-001-0461 located at 22145 SW 154 Avenue (2.3 acres of hardwood hammock); folio 30-6921-000-0093 located at 14900 SW 240 Street (2.0 acres of transitional hardwood hammock/pine rockland); folio 30-6811-000-0180 located at 21355 SW 192 Avenue (4.21 acres of pine rockland); folio 33-5034-000-0173 located at 17010 SW 77 Avenue (1.23 acres of hardwood hammock); and folio 30-6826-000-0240 located at 25005 SW 197 Avenue (3.6 acres of pine rockland) 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 Mayorís 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,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby accepts the attached covenants and, pursuant to Resolution No. R-974-09, hereby directs the Mayor or the Mayorís designee to provide recorded copies of the aforementioned covenants and applicable joinders by mortgagees to the Clerk of the Board within thirty (30) days of execution of the acceptance by the Mayor or the Mayorís designee and directs the Clerk of the Board to attach and permanently store recorded copies of the aforementioned covenants together with this Resolution; and directs the Mayor or the Mayorís designee to forward a certified copy of same to the Property Appraiser.

HEADER
Date:

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

From: Carlos A. Gimenez
Mayor

Subject: Resolution Authorizing the Acceptance of Eleven (11) Environmentally Endangered Lands Covenants and the Amendment of One (1) Existing Environmentally Endangered Lands Covenant in Miami-Dade County

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board approve the attached resolution authorizing the acceptance of eleven (11) covenants and the amendment of one (1) covenant 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 Districts 8 & 9.

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 in accordance with Sec. 193.501(3)(a) of the Florida Statutes.

Track Record/Monitor
The Natural Resources Planning Section Manager within the Department of Permitting, Environment and Regulatory Affairs (PERA) will monitor these covenants.

MANAGER'S BACKGROUND
Background
Chapter 25B (Article II) of the Miami-Dade County Code was approved by the Board under 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, who choose to manage their land in a natural state and thereby maintain the landís natural resource values. Renewals of existing covenants for additional 10-year periods are available to willing property owners.

Upon execution of the covenants and approval by the Board, the properties will receive preferential tax treatment through a reduction in their assessed value from the Miami-Dade County Property appraiser in accordance with the criteria in Section 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.

Under Chapter 25B of the Code, PERA shall review proposed covenants and make recommendations to the Board as to whether the land qualifies as environmentally endangered. To qualify, lands must have unique ecological characteristics, have features of a rare or limited nature constituting wildlife habitat, have coastal protection elements or have scientific, geologic or archaeological significance. Examples of lands qualifying under Chapter 25B are mangrove forests, hammock and tree islands, pinelands, wetlands and native cypress forests.

There are currently 88 properties with EEL covenants in Miami-Dade County, comprising a total of 285 acres. Many of the existing covenanted properties include pine rocklands. Pine rocklands, interspersed with tropical hardwood hammocks, once covered 185,000 acres of Miami-Dade County but have now been officially designated as a globally imperiled habitat. Over 225 native plants occur in pine rocklands with more than 20% of those species being endemic and five species being federally listed as threatened or endangered.†

Once a site has been determined to qualify as environmentally endangered, the application and covenant are submitted to the Board for approval. The sites listed below meet the criteria for environmentally endangered lands. Therefore, the Director of PERA is recommending approval for acceptance of eleven EEL covenants and amendment of one covenant running with the land for these properties. The amendment of the one covenant has been requested by the property owner in order to increase the size of the covenanted area from 2.6 acres to 3.6 acres on his property.

New Covenant

A) L. Alice Warren (4.30 acres of pine rockland)
Folio 30-6921-000-0092 located at 23905 Kingman Road, Miami-Dade County, Florida.

Renewal Covenants

B) Arthur Aye Ballard & Kathleen Ballard (1.57 acres of hardwood hammock)
Folio 30-6916-001-0530 located at 22150 SW 154 Avenue, Miami-Dade County, Florida.

C) Gerald C. Case (3.77 acres of hardwood hammock)
Folio 30-6916-001-0671 located at 14925 SW 232 Street, Miami-Dade County, Florida.

D) Janet M. Case & Kimberly M. Chalker (3.72 acres of hardwood hammock)
Folio 30-6916-001-0670 located at 14910 SW 228 Street, Miami-Dade County, Florida.

E) Larry W. Dunagan & Gloria B. Dunagan (3.8 acres of hardwood hammock)
Folio 30-6916-001-0680 located at 14975 SW 232 Street, Miami-Dade County, Florida.

F) Larry W. Dunagan (5.0 acres of hardwood hammock)
Folio 30-6916-001-0681 located in the vicinity of SW 228 Street & 149 Avenue, Miami-Dade County, Florida.

G) Jack & Rosemary Erdozain (1.8 acres of hardwood hammock/pine rockland)
Folio 30-6931-000-0560 at 17290 SW 264 Street, Miami-Dade County, Florida.

H) G. Donald Gann & Joyce W. Gann (2.3 acres of hardwood hammock)
Folio 30-6916-001-0461 located at 22145 SW 154 Avenue, Miami-Dade County, Florida.

I) William T. Grant (2.0 acres of transitional hardwood hammock/pine rockland)
Folio 30-6921-000-0093 located at 14900 SW 240 Street, Miami-Dade County, Florida.

J) Steven H. Hurst & Ethel K. Hurst (4.21 acres of pine rockland)
Folio 30-6811-000-0180 located at 21355 SW 192 Avenue, Miami-Dade County, Florida.

K) Eugene Scott & Gwladys Eliot (1.23 acres of hardwood hammock)
Folio 33-5034-000-0173 located at 17010 SW 77 Avenue, Miami-Dade County, Florida.

Amended Covenant

L) Ricardo F. & Virginia Arnaldo (3.6 acres of pine rockland amended from 2.6 acres previously under covenant)
Folio 30-6826-000-0240 located at 25005 SW 197 Avenue, Miami-Dade County, Florida.


___________________________
Deputy Mayor



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