| | | | | | | |  | Resolutions - C7 K
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | June 24, 2020 | | | |
| | SUBJECT: | PUBLIC SCHOOL CONCURRENCY MITIGATION AGREEMENT - NORTH BEACH TOWN CENTER DEVELOPMENT, LLC.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE 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 (THE "SCHOOL BOARD") AND NORTH BEACH TOWN CENTER DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY AUTHORIZED TO TRANSACT BUSINESS IN THE STATE OF FLORIDA ("PROPERTY OWNER"), THE OWNER OF REAL PROPERTY LOCATED AT 6948-6988 ABBOTT AVENUE & 6957-6965 BYRON AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" (THE "PROPERTY"); WHICH AGREEMENT PROVIDES FOR THE PAYMENT OF MITIGATION TOWARD SCHOOL BOARD CONCURRENCY BY PROPERTY OWNER TO THE SCHOOL BOARD, ASSOCIATED WITH 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 THE SCHOOL BOARD AND THE CITY, DATED DECEMBER 12, 2007 ("ILA"). |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the Resolution. |
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| | | | | | | | BACKGROUND/HISTORY
| 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. |
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| | | | | | | | ANALYSIS
| The property owner/applicant, North Beach Town Center Development, LLC is seeking approval from the Design Review Board (DRB 19-0407) and Planning Board (PB19-0303) to develop the tract of land (consisting of folio # 0101070101110), as more particularly described on EXHIBIT “A”., with 170 multifamily residential dwelling units.
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.
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission approve the Resolution. |
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| | | | | | | | Applicable Area
| | North Beach |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | No | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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