| | | | | | | |  | Resolutions - C7 N
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Raul J. Aguila, Interim City Manager | | | DATE: | March 17, 2021 | | | |
| | 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 THE FOLLOWING PROPERTY OWNER: NORTH BEACH TOWN CENTER DEVELOPMENT, LLC REFERRED TO AS “PROPERTY OWNER,” 6961-6985 ABBOTT AVENUE, 300-326 71ST STREET, AND 6972 HARDING AVENUE (HEREINAFTER THE “PROPERTY”); WHICH AGREEMENT PROVIDES FOR THE PAYMENT OF MITIGATION TOWARD SCHOOL BOARD CONCURRENCY BY PROPERTY OWNERS TO M-DCS 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 (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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| | | | | | | | 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.
On November 3, 2020 the Property Owner/Applicant, North Beach Town Center Development, LLC, obtained approval from the Design Review Board (DRB 19-0462) to develop the properties located at 409 71st Street, 6961-6985 Abbott Avenue, 300-326 71st Street, and 6972 Harding Avenue. The project contains 118 multifamily residential dwelling units. Since the site has 13 credits for existing units, the net total is 105 residential units for school concurrency calculation purposes. |
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| | | | | | | | ANALYSIS
| Upon performing a Concurrency Review for the proposed development, Miami-Dade County Public Schools (MDCPS) determined that the required public-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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| | | | | | | | SUPPORTING SURVEY DATA
| | Managing Development Process |
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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? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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