| | | | | | | |  | Resolutions - C7 L
COMMISSION MEMORANDUM |
| | | |
| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | November 18, 2020 | | | |
| | SUBJECT: | 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
("M-DCSB") AND NOBE CREEK, LLC ("PROPERTY OWNER"), RELATING
TO THE PROPERTY LOCATED AT 666 71 STREET, 6973 INDIAN CREEK
DRIVE, AND 6980 - 6994 CARLYLE AVENUE (THE "PROPERTY"); WHICH
AGREEMENT PROVIDES FOR THE PAYMENT OF MITIGATION TOWARD
SCHOOL BOARD CONCURRENCY BY PROPERTY OWNER TO M-DCSB
ARISING OUT OF 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"). |
| | | |
| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission adopt the Resolution. |
| | | |
| | | | | | | | 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. |
| | | |
| | | | | | | | ANALYSIS
| On July 7, 2020 the property owner/applicant, Nobe Creek, LLC obtained Design Review Approval from the Design Review Board (DRB 20-0505) to develop the properties located at 666 71 Street, 6973 Indian Creek Drive, and 6980- 6994 Carlyle Avenue, as a unified site with 70 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 two 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.
|
| | | |
| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission adopt the Resolution. |
| | | |
| | | | | | | | Applicable Area
| | North Beach |
| | | |
| | | | | | | | | 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 | |
| | | |
| | | | | | | | Legislative Tracking
Planning |
| | | |
|