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2017-099-3204 Covenant Agreement with MDCRESOLUTION NO. 2017 -99 -3204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A COVENANT AGREEMENT WITH MIAMI -DADE COUNTY FOR THE PROPERTY LOCATED AT 18330 & 18450 NORTHWEST 12TH AVENUE (THE PROPOSED SENIOR FAMILY CENTER), ATTACHED HERETO AS EXHIBIT "A "; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 18330 & 18450 Northwest 12th Avenue was acquired by the City from the Archdiocese of Miami (Archdiocese) in 2009 with the intent of demolishing the existing structures and constructing a new Senior Family Center, and WHEREAS, on October 12, 2016, the City adopted Ordinance No. 2016 -17 -363 to rezone the subject property from Governmental Property (GP) to Planned Development (PD), in order to allow redevelopment of the property, and WHEREAS, on December 11, 2003, a variance was granted by the Environmental Control Board (EQCB) to the Archdiocese, to allow the City of North Miami Beach to locate a public utility potable water supply well, referred to as Well No. 21, on the site, and WHEREAS, any future development of the site would have to ensure that potential sources of contamination are located at least one hundred (100) feet from the well, and WHEREAS, recently, Miami Dade County's Division of Environmental Resources Management (DERM) has determined that the condition No. 1 of the variance, which required the Archdiocese to execute a covenant running with the land in favor of Miami- Dade County, was never met and that a covenant was never recorded by the Archdiocese, as required, and Resolution No. 2017 -99 -3204 WHEREAS, as the City has since acquired title to the property and is the new owner, DERM is requiring the City to execute a covenant in conformance with the provisions of Section 24 -43 of the Code of Ordinances of Miami Dade - County, and WHEREAS, City Staff is recommending the City Council authorize the City Manager and City Attorney to negotiate and execute a Covenant running with the land in conformance with the provisions of Section 24 -43 of the Code of Miami Dade - County, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager and City Attorney to negotiate and execute a Covenant running with the land in conformance with the provisions of Section 24 -43 of the Code of Miami Dade - County pertaining to a water supply well for the property located at 18330 & 18450 Northwest 12th Avenue, attached hereto as Exhibit "A ". Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON MAY 24, 2017. OLIVER GILBERT, III, MAYOR U'199 *15 G� RONETTA TAYLOR MC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON, CITY MANAGER Moved by: *p- e. 6 Seconded by: VOTE: '-a Mayor Oliver Gilbert, III Vice Mayor Erhabor Ighodaro, Ph.D Councilwoman Lisa C. Davis Councilman Rodney Harris Councilwoman Lillie Q. Odom Councilwoman Felicia Robinson Councilman David Williams Jr Resolution No. 2017 -99 -3204 (Yes) (No) (Yes) (No) P (Yes) (No)/Vot ✓ (Yes) (No) ✓ (Yes) (No) (Yes) (No) (Yes) (No) • r City of Miami Gardens Agenda Cover Memo 18605 NW 2711 Avenue Miami Gardens, Florida 33056 Council Meeting Date: May 24, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 11' Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: (Enter Fund & Dept.) N/A Advertising Requirement: Yes No X Contract /P.O. Required: Yes No RFP /RFQ/Bid #: N/A X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational 0 Bus. & Economic Dev 0 Public Safety 0 Quality of Education 0 Qual. of Life & City Image 0 Communication El Strategic Plan Obj. /Strategy: X Sponsor Name: Cameron D. Benson, City Manager Department: Planning and Zoning Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A COVENANT AGREEMENT WITH MIAMI - DADE COUNTY FOR THE PROPERTY LOCATED AT 18330 & 18450 NORTHWEST 12TH AVENUE (THE PROPOSED SENIOR FAMILY CENTER), ATTACHED HERETO AS EXHIBIT "A "; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background The subject property located at 18330 & 18450 NW 12th Avenue was acquired by the City from the Archdiocese of Miami (Archdiocese) in 2009 with the intent of demolishing the existing structures and constructing a new Senior Family Center. In order to allow redevelopment of the property, the City adopted Ordinance No. 2016 -17 -363 on October 12, 2016 to rezone the property from GP- Governmental Property to PD Planned Development. Current Situation According to records from Miami Dade County's Division of Environmental Resources Management (DERM), on December 11, 2003, a variance (Board Order 04 -23) was granted by the Environmental Control Board (EQCB) to the former property owner — the Archdiocese, to allow the City of North Miami Beach to locate a public utility potable water supply well, referred to as Well No. 21, on the site. Any future development of the site would have to ensure that potential sources of contamination are located at least 100 feet from the well. Recently, DERM has determined that the condition No. 1 of the variance which required the Archdiocese to execute a covenant running with the land in favor of Miami -Dade County was never met and that a covenant was never recorded by the Archdiocese as required. As the City has since acquired title to the property and is the new owner, DERM is requiring the City to execute a covenant in conformance with the provisions of Section 24 -43 of the Code of Miami Dade - County. Proposed Action: That the City Council approve the proposed Resolution for a Covenant running with the land in conformance with the provisions of Section 24 -43 of the Code of Miami Dade - County. Attachments: Exhibit "A" — Survey and Legal Description Exhibit "B" — Well No. 21 Location Map Exhibit "C" — Letter from DERM Exhibit "D" — Covenant North Miami Beach Potable Water Well EXHIBIT "A" — Survey and Legal Description North Miami Beach Potable Water Well EXHIBIT "B" — Well No. 21 Location Map North Miami Beach Potable Water Well AERIAL MAP Ok, lik h io Location of Well No. 21 North Miami Beach Potable Water Well EXHIBIT "C" — Letter From DERM MIAMI -Q OE Carlos A. Gimenez, Mayor March 20, 2017 Jeffrey F. Thompson, PE North Miami Beach Water 17050 NE 19`h AVE North Miami Beach, Florida 33162 Department of Regulatory and Economic Resources Environmental Resources Management 701 NW 1 st Court, 7th Floor Miami, Florida 33136 -3912 T 305 - 372 -6600 F 305- 372 -6893 miamidade.gov Certified Mail No. 7009 0080 0000 1045 4202 Return Receipt Requested O. Tom Ruiz, Director Certified Mail No. 7009 0080 0000 1045 4219 City of Miami Gardens- Public Works Return Receipt Requested 18605 NW 27`h AVE Miami Gardens, FL 33056 Re: City of North Miami Beach Potable Water Wells on the property located at, near, or in the vicinity of 18330 NW 12 AVE, Miami Gardens, Florida (Folio No. 34 -2102- 000 -0040) PWO -16 /EQCB -762. Dear Mr. Thompson and Mr. Ruiz: A review of records from the Department of Regulatory and Economic Resources, Division of Environmental Resources Management (DERM) revealed that a variance (Board Order 04 -23, copy enclosed) was granted by the Environmental Quality Control Board (EQCB) on December 11, 2003 to John C. Favalora as the Archbishop of the Archdiocese of Miami (property owner at the time) for the subject site. The variance allowed for the siting of a public utility potable water supply well (No. 21) that would serve the City of North Miami Beach. The well would be located within 100 feet or less of one or more potential sources of contamination. DERM inspections have verified that potable well No. 21 was constructed and placed into use. The review of Department records found that the conditions set forth in the variance had not been completely satisfied. Specifically, Condition No. 1 of EQCB Order No. 04 -23 required the Petitioner (at the time, the Archbishop of the Archdiocese of Miami on behalf of the City of North Miami Beach) to submit to DERM a properly executed covenant running with the land in favor of Miami -Dade County in conformance with the provisions of Section 24 -43 (formerly Section 24- 12.1(5)) Chapter 24, Code of Miami -Dade County (the Code). On or around August 7, 2009, the City of Miami Gardens acquired title to the property. The above finding constitutes a violation of Chapter 24. As the current property owner, the City of Miami Gardens has joint and several liability per Chapter 24 -31(6) of the Code. In view of the above, DERM recommends implementation of the following action by the City: Within thirty (30) days of receipt of this NOTICF,, submit proof to DERM that the required properly executed covenant running with the land in favor of Miami -Dade County, in conformance with the provisions of Section 24 -43 of the Code, has been recorded for the property referenced above (folio no. 34- 2102- 000 - 0040). If you have any questions concerning the above, please contact the undersigned at 305- 372 -6617 or via email at LizarE2miamidade.gov. Since ely, Eva Lizardo, Code Enforcement Officer RER -DERM Enclosures: EQCB No. 04 -23 2)e-11-Yerf M ExccZ1 xce- Every 2 gy CFN 2004RO211116 OR 8k 22156 F9s 2825 - 2828; (09s) RECORDED 03/29/2004 09:39,47 HARVEY RUVIN► CLERK OF COURT MIAKI -DADE COUNTYP FLORIDA BEFORE TM MIAMI-DAM COUNTY ENVIRONMENTAL QUALITY CONTROL BOARD FIN John C. Favalom as Archbishop of the Archdiocese of Miami Board Order No. 04-23 THIS MATTER came before the Board as a request by Petitioner, John C. Favalora as Archbishop of the Archdiocese of Miami, for a variance from the requirements of Section 24- 12.1(2) of the Code of Miami -Dade County, Florida The request is to allow the siting of a public utility potable water supply well that would serve the City of North Miami Beach The proposed well would be located within 100 feet or less of one or more potential sources of contamination. The subject property is located at 18330 N.V. 12's Avenue, Miami ,jade County, Florida and is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. Section 24- 12(2)(V)(18) of the Code requires that the minimum separation between a well or wells and possible sources of contamination shall be a function of the drawdown and - radius of influence of the well or wells. It shall be the responsibility of the design engineer to present data showing the radius of influence and drawdown together with a sanitary survey of the area influenced by the well. Such a survey shall extend one -half (1f2) mile beyond the radius of influence of the wellfield. In the cases involving multiple wells, the interference among wells shall be determined. It shall be the design engineer's responsibility to show that the top thirty (30) feet of the aquifer is not tapped by the well(s). In no case shall the well be located less than one hundred (100) horizontal feet from any source of contamination. However, the Department of Environmental Resources Management (DERM) shall have the power to require additional spacing when conditions justify. The Board finds that the proposed water supply well would be located within one hundred (100) feet of potential sources of contamination, namely the stormwater drainage canal for the Homestead Extension of the Florida Turnpike. The Board also finds that the City of North Miami Beach (the City) would incorporate the approach and design features in order to address the multiple and conflicting demands inherent in the urban location of the subject property. In particular, the Board finds that the modeling results indicate that at a design flow fate of 2,360 EQ- 11271200411:28:17 AM Page 1 December 11, 2003 (14) gallons per minute (GPM), or approximately 3.4 million gallons per day (MGD), the travel time between the subject well and the drainage canal ranges from 17 to 30 days. This translates into a water table drawdown of 0.1 feet to 0.3 feet at distances ranging from 60 to 30 feet respectively from the aforesaid well. In addition, the City proposes to double case this well. The surface casing will extend to a depth of 45 feet below the land surface, and will be set with a minimum 2 -inch annular cement grout. The production well casing will extend to a depth between 75 and 85 feet below the land surface, and will be set with a minimum flinch annular cement grout. The Board finds that the subject drainage canal extends between 7 feet and 15 feet below the land surface. The Board also finds that, according to the lithologic logs submitted with the petition, the top 40 feet of the aquifer at this location consists of various sand layers, followed by approximately 15 feet of .limestone, and 25 feet of additional sand and sandstone layers. Therefore, the Board finds that adequate natural filtration and attenuation are provided between the land surface and the subject well's production zone by the lithology of the area, in which the subject well is located. The Board further finds that the surface casing incorporated into the design for the subject well will provide additional protection. The Board finds that the proposed location for the subject well best accommodates the growth in demand for water, the scarcity of pristine, undeveloped land relatively close to the existing water treatment plants, and the need to balance the water supply needs of ecological systems with those of urban populations. Finally, the Board finds that, based upon the evidence and testimony presented and the foregoing findings, granting the Petitioner's requested variance from the above noted Code requirements will not be detrimental to the public health, welfare and safety, will not create a nuisance, and will not materially increase the level of pollution in this County. ACCORDINGLY, IT IS ORDERED AND ADJUDGED that, based upon the evidence and testimony presented and the foregoing findings, Petitioner's request for a variance from the requirements of Section 24- 12.1(2) of the Code be and the same is hereby granted, subject to the following conditions: 1. Prior to the issuance of any permits or approvals for the construction of the subject well, Petitioner shall submit to DERM a properly executed covenant running with the land in favor of Miami -Dade County in conformance with the provisions of Section 24- 12.1(5) of the Code. 2. The well shall have double -cased construction. The surface casing shall extend to a depth of approximately forty -five (45) feet below the land surface and shall be set with a minimum two (2) inch annular cement grout, and the production well casing shall extend to a depth of approximately seventy -five (75) to eighty (80) feet below the land surface and shall be set with a minimum four (4) inch annular cement grout. 3. The City of North Miami Beach shall formulate a narrative contingency plan providing for the shutdown of well No. 21 in the event of an accidental spill of hazardous materials EQ- 1I27l200411:28:17 AM Page 2 Dwtmber 11, 2003 (14) adjacent to the aforesaid well. Said plan shall be submitted by the City's water utility officials under the City's letterhead and shall provide for keeping the subject well out of service until spill cleanup and contamination assessment show that resumed operation is appropriate. The City shall obtain DERM approval of said plan prior to placing well No. 21 in service. Done and Ordered this 15 day of March , 2004 in Miami -Dade County, Florida. Claire Bradshaw- Sidran, PhD. Chairperson 191 LRVLW "I ►fl ,_► N ' M- � Filed on this 15 day of March , 2004 with the Secretary of the Board as Clerk of the Environmental Quality Control Board, receipt of which is hereby acknowledged and the seal of the Board affixed below. Approved as to form and legal sufficiency: Robert A. Ginsburg County Attorney Attorney for the Board Peter Te Assistant County Attorney EQ- 127/200411:28:17 AM Page 3 Dt=mba' 11.2003 (I4) SEAL .:.o , J in OR BK 22156 PG 2828 LAST PAGE 11: A PORTION OF LAND LYING IN SECTION 2 TOWNSHIP 52 SOUTH, RANGE 41 EAST, IN MIAMI -DADE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 690 FEET OF THE SOUTH 940 FEET OF THE SOUTHWEST 1/ OF SAID SECTION 2, LESS THE NORTH 191 FEET OF THE SOUTH 572 FEET OF THE EAST 220 FEET & LESS THE SOUTHWEST ! /a. OF THE SOUTHEAST 1/ OF THE SOUTHWEST 1/ LESS THE EAST 35 FEET; ALL LYING EAST OF SUNSHINE STATE PARKWAY, out] BEGIN AT A POINT 50 FEET NORTH OF AND 59.91 FEET WEST OF THE SOUTHEAST CORNER OF THE SOUTHEAST V OF THE SOUTHWEST 1/4 OF AFORESAID SECTION 2; THENCE RUN WEST 300.92 FEET TO A POINT ON THE NORTHEAST RIGHT OF WAY LINE OF THE SUNSHINE STATE PARKWAY; THENCE RUN NORTHWESTERLY ALONG SAID NORTHEAST RIGHT OF WAY LINE A DISTANCE OF 259.83 FEET; THENCE RUN EAST A DISTANCE OF 492.42 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF NW 12TH AVENUE; THENCE RUN SOUTH ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 175.09 FEET TO THE POINT OF TANGENCY OF A CURVE TO THE RIGHT; THENCE RUN SOUTHWESTERLY ALONG SAID CURVE AND THE WESTERLY RIGHT OF WAY OF NW 12TH AVENUE AND THE NORTHERLY RIGHT OF WAY OF NW 183RD STREET TO THE POINT OF BEGINNING; Icy BEGIN AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/ OF THE SOUTHEAST 1/ OF THE SOUTHWEST 1/ OF AFORESAID SECTION 2; THENCE RUN SOUTH 242.64 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF THE SUNSHINE STATE PARKWAY; THENCE NORTHEWESTERLY ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE A DISTANCE OF 297.70 FEET; THENCE EAST 173 FEET TO THE POINT OF BEGINNING. EQ- 1 /27t200411:28:17 AM Page 1 of 1 December 11, 2003 (14) North Miami Beach Potable Water Well EXHIBIT "D" — Covenant