| | | | | | | |  | Resolutions - C7 F
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | May 8, 2019 | | | |
| | SUBJECT: | A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, A PUBLIC SCHOOL CONCURRENCY PROPORTIONATE
SHARE MITIGATION DEVELOPMENT AGREEMENT ("AGREEMENT"),
BETWEEN THE CITY OF MIAMI BEACH ("CITY"), MIAMI-DADE COUNTY
SCHOOL BOARD ("M-DCSB") AND THE FOLLOWING PROPERTY
OWNERS: 500 AL TON ROAD VENTURES, LLC, A DELAWARE LIMITED
LIABILITY COMPANY; 1220 SIXTH, LLC, A DELAWARE LIMITED
LIABILITY COMPANY; SOUTH BEACH HEIGHTS I, LLC, A DELAWARE
LIMITED LIABILITY COMPANY; AND KGM EQUITIES, LLC, A DELAWARE
LIMITED LIABILITY COMPANY, (HEREINAFTER THE "PROPERTY
OWNERS"); WHICH AGREEMENT PROVIDES FOR THE PAYMENT OF
$197,862 TOWARD SCHOOL BOARD CONCURRENCY BY PROPERTY
OWNERS TO M-DCSB DUE TO THE PROPERTY OWNER'S APPLICATION
TO CONSTRUCT 337 MULTIFAMILY RESIDENTIAL UNITS ON THE
PROPERTY; AND WHICH AGREEMENT IS CONSISTENT WITH THE
REQUIREMENTS OF THE AMENDED AND RESTATED INTERLOCAL
AGREEMENT ("ILA") BETWEEN M-DCSB AND THE CITY, DATED
DECEMBER 12, 2007.
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the Resolution. |
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| | | | | | | | ANALYSIS
| BACKGROUND/ANALYSIS
In 2005, the Florida Legislature amended Chapters 163 and 1063, Florida Statutes, requiring school boards and local jurisdictions to adopt public school elements in their Comprehensive Plans and implement School Concurrency.
On February 13, 2008, the City Commission approved Resolution No. 2008-26762, which authorized the City to enter into an Inter-local Agreement (ILA) in order to implement public school concurrency and to coordinate the approval of residential development with the provision of adequate public school facilities.
On April 30, 2019, on the Planning Board will consider an application to construct a 337 unit residential building and a public park on lots located between 500 and 700 Alton Road. The Design Review Board is scheduled to review the application on May 7, 2019.
Upon performing a Concurrency Review for the proposed development, Miami-Dade County Public Schools (MDCPS) determined that the required pubic school level of service would not be met, pursuant to the following findings:
1) Adequate school facility capacity is not available for six (6) of the senior high school students anticipated to be generated by the proposed residential dwelling units, at the level of service standard within the applicable Concurrency Service Area.
2) The needed school facility capacity for the applicable Concurrency Service Area is not available in any contiguous Concurrency Service Areas within the same geographic area.
3) Available school facility capacity will not be in place or under actual construction within three years after the approval of the development proposal.
Pursuant to the ILA, the property owners are required to mitigate their impacts to senior high schools in order to be able to proceed with the development. In order to mitigate the impact, a Proportionate Share Mitigation Agreement will be required. The ILA requires that the School Board, the City, and the Applicant approve the agreement.
As required by the ILA, the attached Proportionate Share Mitigation Agreement will require the applicant to fund the full capital cost of 6 student stations. This will reimburse a mitigation bank established by the 3425 Collins Agreement approved on March 9, 2016 which will lead to the creation of a new classroom at Miami Beach High School.
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission approve the Resolution. |
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| | | | | | | | Legislative Tracking
Planning |
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