Legislative Matter

Miami-Dade Legislative Item
File Number: 072085

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Clerk's Official Copy

File Number: 072085

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-1036-07

Control: County Commission

File Name: MIAMI-DADE COUNTY DEVELOPMENT RIGHTS

Introduced: 7/5/2007

Requester: County Manager

Cost:

Final Action: 9/20/2007

Agenda Date: 9/18/2007

Agenda Item Number: 12A1

Notes:

KGM

Title:

RESOLUTION ESTABLISHING THE MIAMI-DADE COUNTY PURCHASE OF DEVELOPMENT RIGHTS PROGRAM

Indexes:

MIAMI-DADE COUNTY

Sponsors:

NONE

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	9/18/2007	12A1	Adopted				P
REPORT:	Commissioner Gimenez noted that the program would only purchase lands with available density outside the Urban Development Boundary (UDB), designated as agriculture or open lands by the Comprehensive Development Master Plan (CDMP) map; however, when the resolution passed the General Obligation Bond (GOB) program, the intent was to purchase green space, including development rights to maintain agricultural lands and protect well fields. Assistant County Manager Alex Munoz noted that the program was intended to purchase development rights, for agricultural land primarily and protecting the environment. Commissioner Gimenez noted that agricultural lands inside the UDB could be used in addition to lands outside the UDB. Assistant County Manager Munoz noted the insufficiency in viable land within the UDB. Commissioner Gimenez noted that the program was not restricted to land outside the UDB when the resolution was passed. Commissioner Sorenson noted that this program intended to preserve agriculture. She stated that it was illogical to preserve land within the UDB because it was worthless. Commissioner Sorenson noted that she hoped Administration would take direction and focus on agricultural land outside of the UDB. Chairman Barreiro asked if this item needed to go before the GOB Committee for approval. Assistant County Manager Munoz noted this resolution was presented before the Citizen’s Advisory Committee (CAC) before it was brought before the Board. Responding to Commissioner Jordan question as to whether any standards were established in the selection of parcels outside of the UDB, Mr. Charles LaPradd (phonetic), Agricultural Manager, noted that a selection criteria has been established. He stated that the parcel size was optimal if the owner was willing to donate a portion of the cost. Mr. LaPradd noted that a solicitation would be made in order to determine the largest areas with people who were willing to donate. It was moved by Commissioner Sorenson that the foregoing proposed resolution be adopted. This motion was seconded by Chairman Barreiro, and upon being put to a vote, passed by a vote of 11-0 (Commissioner Martinez was absent); (Commissioner Heyman was excused). The foregoing resolution was adopted on Thursday September 20, 2007.

Board of County Commissioners	9/4/2007	12A1	Deferred		9/18/2007		P
REPORT:	During consideration of the changes to the agenda, the foregoing proposed resolution was deferred to the September 18, 2007 BCC meeting, as requested by the County Manager.

County Manager	8/30/2007		Deferrals		9/4/2007
REPORT:	The County Manager is requesting deferral of this item to the September 18, 2007 BCC meeting.

Economic Development and Human Services Committee	7/18/2007	4A	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Cynthia Johnson-Stacks read the foregoing proposed resolution into the record. Mr. John Wade, 20925 S.W. 187 Avenue, appeared before the Committee, and spoke in support of the Miami-Dade County Purchase of Development Rights (PDR) Program and asked the County to consider identifying additional funding for this Program, such as grants and matching funds from the State of Florida and the Federal Government. Ms. Pat Wade, 20925 S.W. 187 Avenue, appeared before the Committee, and spoke in support of the foregoing proposed resolution and urged the Committee to support the establishment of the PDR Program. Responding to Commissioner Sorenson’s request for the Agricultural Manager to provide comments, Mr. Charles LaPradd, Agricultural Manager, Office of the County Manager, appeared before the Committee, and informed the Committee he would meet with Ms. Pat Wade to discuss and obtain her input regarding the PDR Program. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed resolution as presented.

County Manager	7/5/2007		Assigned	Alex Munoz	7/5/2007	7/5/2007

County Manager	7/5/2007		Assigned	County Attorney	9/4/2007
REPORT:	CMO(EDHS 7/18/2007)

County Manager	7/5/2007		Referred	Economic Development and Human Services Committee	7/18/2007

County Attorney	7/5/2007		Assigned	Leigh Macdonald		7/12/2007

Legislative Text

TITLE
RESOLUTION ESTABLISHING THE MIAMI-DADE COUNTY PURCHASE OF DEVELOPMENT RIGHTS PROGRAM

BODY
WHEREAS, this Board desires to preserve the valuable agricultural land and open space in Miami-Dade County; and
WHEREAS, this Board desires to establish the Miami-Dade County Purchase of Development Rights Program, which will facilitate the preservation of agricultural land through the purchase of conservation easements and limitation on residential development rights; and
WHEREAS, the Purchase of Development Rights Program is described in the accompanying memorandum, which is incorporated herein,
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby approves the establishment of the Miami-Dade County Purchase of Development Rights Program substantially as described in Exhibit A hereto and incorporated herein by reference.

HEADER
Date:

To: Honorable Chairman Bruno A. Barreiro
and Members, Board of County Commissioners

From: George M. Burgess
County Manager

Subject: Resolution Establishing the Miami-Dade County Purchase of Development Rights Program

STAFF RECOMMENDATION
It is recommended that the Board approve the attached resolution establishing the Miami-Dade County Purchase of Development Rights (PDR) Program funded through the Building Better Communities General Obligation Bond Program (BBC GOB).

STAFF RECOMMENDATION
The impact of this item is countywide in nature.

..Fiscal Impact/Funding Source
The PDR Program is funded by the BBC GOB Program. Staff will seek available grant opportunities on participating properties, from the United States Department of Agriculture, the State of Florida, and private not-for-profits.

TITLE
The PDR Program will be monitored by the Agricultural Manager who will serve as the Purchase of Development Rights Administrator.

MANAGER'S BACKGROUND
Miami-Dade County�s agricultural lands are a unique and economically important resource. These lands support an important agricultural industry that includes tropical fruits, vegetables, livestock, aquaculture and nursery and greenhouse crops. In addition to providing a diversified economic base, the community�s farmland contributes significantly to the County�s open space, scenic beauty, cultural heritage and environmental quality.

On November 2, 2004, Miami-Dade County residents voted to approve the BBC GOB Program; a portion of which included $30 million to preserve viable farmland through the acquisition of development rights on property suitable for agricultural use.

The Miami-Dade County PDR Program will be a voluntary process, which would allow the County to acquire the residential development rights associated with a particular piece of property through the purchase of a conservation easement. The County will utilize the PDR Program to purchase conservation easements and thus limit the density (the residential development opportunity) on agricultural land. The purchase of these development rights will ensure that the related properties remain undeveloped and available for agricultural uses. The County will benefit from the PDR Program because it will aid the maintenance of

a more diversified economic base, improve the rural character of the County�s agricultural and aquifer recharge areas, and support an improved quality of life for County residents.

The PDR Program will be overseen by the County�s Agricultural Manager.� The proposed resolution creates the PDR Program to serve as the mechanism for farmland preservation. The proposed resolution also establishes the application, selection, easement requirements and monitoring procedures for the PDR Program. Some of the key components of the PDR Program are:

* The PDR Program provides for voluntary participation.
* Approval by the Board of County Commissioners will be required prior to the purchase of any conservation easement.
* Property evaluation is based on established criteria.
* The easement value is determined by appraisal.
* Appraisals will be conducted by independent certified (MAI, ASA) appraisers hired from Miami-Dade County�s approved appraiser vendor list in accordance with established County hiring practices,
* Recommendations shall be forwarded to the Board of County Commissioners regarding properties on which the County should purchase conservation easements.
* Conservation easements will be monitored annually according to a prescribed monitoring process.
* Easements must remain in place for a minimum of 25 years as required by the BCC GOB rules and regulations.
* The PDR Program contains an Extinguishment of Easement provision.

Attachments

_______________________________
Alex Mu�oz
Assistant County Manager

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