Miami-Dade Legislative Item
File Number: 130644
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File Number: 130644 File Type: Resolution Status: Adopted
Version: 0 Reference: R-440-13 Control: Board of County Commissioners
File Name: RELEASE OF COVENANT WITH THE SALVATION ARMY Introduced: 4/5/2013
Requester: Regulatory and Economic Resources Cost: Final Action: 6/4/2013
Agenda Date: 6/4/2013 Agenda Item Number: 8M1
Notes: Title: RESOLUTION AUTHORIZING THE RELEASE OF A COVENANT RUNNING WITH THE LAND OF SALVATION ARMY IN FAVOR OF MIAMI-DADE COUNTY, FLORIDA, CONCERNING THE PRESERVATION OF SPECIMEN TREE RESOURCES AT 1907 NW 38 STREET, MIAMI-DADE COUNTY, FLORIDA
Indexes: SALVATION ARMY
Sponsors: Audrey M. Edmonson, 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 6/4/2013 8M1 Adopted P

Land Use & Development Committee 5/16/2013 3B Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Dennis Kerbel read the foregoing proposed resolution into the record. Hearing no comments or questions, the Committee members proceeded to vote on the foregoing proposed resolution, as presented.

County Attorney 4/5/2013 Assigned Eduardo W. Gonzalez 4/5/2013

County Mayor 4/5/2013 Assigned County Attorney 6/4/2013
REPORT: RER - Comm. Edmonson Sponsor - pending cmte assignment - Attachments: A and B

County Mayor 4/5/2013 Assigned Jack Osterholt 4/5/2013

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE RELEASE OF A COVENANT RUNNING WITH THE LAND OF SALVATION ARMY IN FAVOR OF MIAMI-DADE COUNTY, FLORIDA, CONCERNING THE PRESERVATION OF SPECIMEN TREE RESOURCES AT 1907 NW 38 STREET, 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, on July 20, 1993, a covenant for the property located at 1907 NW 38 Street, Miami-Dade County, was recorded in Official Book 15987, Pages 3796-3805 of the Official Records of Miami-Dade County, Florida; and
WHEREAS, the subject “Covenant Running with the Land of Salvation Army in Favor of Dade County, Florida, Concerning the Preservation of Specimen Tree Resources” (the “Recorded Covenant”) specifies that the seven (7) trees identified in the covenant shall be preserved in their present locations and protected from potentially damaging activities; and
WHEREAS, on December 7, 2012, a landscape plan was submitted for the reconfiguration of the existing Salvation Army building at the address above, showing that four (4) of the seven (7) covenanted trees would be impacted by the proposed project; and
WHEREAS, on January 10, 2013, an inspection of the four (4) covenanted trees was conducted by Miami-Dade County’s Tree Permitting Program which determined that the three (3) live oak trees are in poor condition with significant decay, dead wood and poor branching structure while the fourth tree is a non-native palm species which does not warrant preservation; and
WHEREAS, the Recorded Covenant provides that it may be released by the resolution of the Board of County Commissioners,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby determines that the release of the Recorded Covenant would not adversely affect the interest of the public and therefore approves the release of the “Covenant Running with the Land of Salvation Army in Favor of Dade County, Florida, Concerning the Preservation of Specimen Tree Resources” for the property located at 1907 NW 38 Street, Miami-Dade County, Folio No. 30-3122-063-0110; authorizes the Mayor or Mayor’s designee to execute the attached Release of Covenant for and on behalf of Miami-Dade County, Florida; and pursuant to Resolution No. R-974-09, the Board directs the Mayor or the Mayor’s designee to record said Release of Covenant in the Public Records of Miami-Dade County, Florida; and to provide a recorded copy of said Release of Covenant to the Clerk of the Board within thirty (30) days of execution of said Release of Covenant; and directs the Clerk of the Board to attach and permanently store a recorded copy together with this resolution.

HEADER
Date:

To: Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Resolution Authorizing the Release of a Covenant Running with the Land of The Salvation Army
in Favor of Miami-Dade County, Florida, Concerning the Preservation of Specimen Tree Resources

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) approve the attached resolution authorizing the release of a covenant running with the land in favor of Miami-Dade County concerning the preservation of specimen trees resources.

Scope
The site is located at 1907 NW 38 Street, Miami-Dade County, in Commission District 3 (Commissioner Edmonson).

Fiscal Impact/Funding Source
This item will have no fiscal impact to Miami-Dade County.

Track Record / Monitor
The Manager of the Natural Resources Planning Section, Craig Grossenbacher, within the Department of Regulatory and Economic Resources’ Division of Environmental Resources Management, will be responsible for the release of the subject covenant.

MANAGER'S BACKGROUND
Background
This resolution approves a Release of Covenant (Attachment A) in order for the property owner to remove trees to reconfigure an existing building. The covenant running with the land in favor of Dade County (Attachment B) was executed by the Salvation Army for the preservation of seven (7) specimen-sized trees on the property at 1907 NW 38 Street, Miami-Dade County (folio # 30-3122-063-0010) and was recorded in the official records of Miami-Dade County on July 20, 1993.

On December 7, 2012, a landscape plan was submitted for the redesign and reconfiguration of the existing Salvation Army building. The landscape plan showed that four (4) of the seven (7) covenanted trees, as well as other trees not included in the covenant, would be impacted by the proposed project. The applicant was advised of the existing tree covenant.

The applicant contacted Miami-Dade County’s Tree Permitting Program concerning the covenant’s tree preservation requirements. On January 10, 2013, staff from the Tree Permitting Program conducted an inspection to determine the condition of the seven (7) covenanted trees. The inspection determined that all six (6) covenanted live oak trees still exist within the property and the seventh covenanted tree, identified in the covenant as a sabal palm, is actually a non-native palm not of specimen size.

Of the four (4) covenanted trees that would be affected by the proposed plans, the three (3) live oak trees were determined to be in poor condition with significant decay, dead wood and poor branching structure. The fourth tree is a non-native species of palm that does not warrant preservation.

Based on the condition of the covenanted trees to be affected by the proposed reconfiguration of the existing Salvation Army building, the attached resolution authorizing the release of the subject covenant is recommended for approval.

If the covenant is released, a Miami-Dade County tree removal permit will be required prior to tree removal in accordance with Chapter 24 of the Code of Miami-Dade County. Mitigation for the loss of tree canopy and the protection of the two remaining specimen sized oak trees that are not proposed to be impacted will be required as conditions of the tree permit.



____________________________
Jack Osterholt, Deputy Mayor



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