PUBLIC SCHOOL CONCURRENCY MITIGATION - 7125-7145 CARLYLE AVENUE

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A PUBLIC SCHOOL CONCURRENCY PROPORTIONATE SHARE MITIGATION DEVELOPMENT AGREEMENT (“AGREEMENT”), ATTACHED HERETO AS EXHIBIT “1,” BETWEEN THE CITY OF MIAMI BEACH (“CITY”), MIAMI-DADE COUNTY SCHOOL BOARD (“M-DCSB”) AND  KGTC, LLC (“PROPERTY OWNER”), RELATING TO THE PROPERTY LOCATED AT 7125, 7135, AND 7145 CARLYLE AVENUE; 7100, 7108, 7118, 7134, AND 7144 BYRON AVENUE, AND 527 71 STREET (“PROPERTY”); WHICH AGREEMENT PROVIDES FOR THE PAYMENT OF MITIGATION TOWARD SCHOOL BOARD CONCURRENCY BY PROPERTY OWNER TO M-DCSB DUE TO THE PROPERTY OWNER’S APPLICATION TO CONSTRUCT  MULTIFAMILY RESIDENTIAL UNITS ON THE PROPERTY; AND WHICH AGREEMENT IS CONSISTENT WITH THE REQUIREMENTS OF THE AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN M-DCSB AND THE CITY, DATED DECEMBER 12, 2007 (“ILA”).

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 October 02, 2019, the property owner/applicant, KGTC, LLC obtained approval from the Design Review Board (DRB 19-0407) to develop the properties located at 7125, 7135, 7145 Carlyle Avenue, 7100, 7108, 7118,  7134, 7144 Byron Avenue and 527 71 Street., with 270 multifamily residential dwelling units, which are composed of 121 microunits (counted as 61 for density calculations) and 149 regular units.  The site has a credit for 47 existing units which are to be demolished, for a net total of 163 residential units for school concurrency calculation purposes.

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 three 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 Parties agree that the Applicant has selected as its Proportionate Share

Mitigation option, the purchase of three (3) banked seats (“Monetary Proportionate Share Mitigation”) from Mitigation Bank #2016-004; and the Parties further agree that the Applicant shall pay the monetary proportionate share mitigation funds.

In accordance with Charter Section 5.02, which requires that the “City of Miami Beach shall consider the long term economic impact (at least five  years) of proposed legislative actions,” this shall confirm that the administration evaluated the long term economic impact (at least five  years) of this proposed legislative action.  The proposed Ordinance is not expected to have a negative fiscal impact upon the City.