Item Coversheet

Resolutions - C7  O




COMMISSION MEMORANDUM

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: ABBOTT AVENUE PARTNERS, LLC REFERRED TO AS “PROPERTY OWNER”, 409 71ST STREET, 430 72ND STREET, 7120-7140 ABBOTT AVENUE AND 7117-7135 BYRON 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.


RECOMMENDATION

The Administration recommends that the City Commission approve 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.

On July 7, 2020 the Property Owner/Applicant, Abbott Avenue Partners, LLC obtained approval from the Design Review Board (DRB 19-0482) to develop the properties located at 409 71st Street, 430 72nd Street, 7120-7140 Abbott Avenue and 7117-7135 Byron Avenue. The project contains 148 multifamily residential dwelling units, which are composed of 139 co-living units (counted as 70 for density calculations) and 93 regular units. Since the subject site has 15 credits for existing units, the net total is 148 residential units for school concurrency calculation purposes.

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.

SUPPORTING SURVEY DATA

Management of Development Process

CONCLUSION

The Administration recommends that the City Commission approve 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?
Yes No 
Legislative Tracking
Planning
Sponsor
Planning Department

ATTACHMENTS:
Description
Form Approved RESO
Final Agreement - FA