Resolution 2020-31297 RESOLUTION NO. 2020-31297"
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").
WHEREAS, on February 13, 2008, and pursuant to Resolution No. 2008-26762, the
Mayor and City Commission approved and authorized the Mayor to execute that certain Amended
and Restated Interlocal Agreement, between the City and the Miami-Dade County School Board
(the "School Board"), for Public School Facility Planning in Miami-Dade County, to implement
public school concurrency and to coordinate the approval of residential development with the
provision of adequate public school facilities ("ILA");and
WHEREAS, during review of an application for new construction, the City requires all
applicants to comply with applicable school concurrency requirements associated with the project,
in order to ensure the intent of the ILA is adhered to by all developers and to ensure sufficient and
proper educational facilities are provided for the City's residents and children; and
WHEREAS, North Beach Town Center Development, LLC, a Delaware limited liability
company authorized to transact business in the State of Florida ("Property Owner"), is the owner
of real property located at 6948-6988 Abbott Avenue and 6957-6965 Byron Avenue in the City of
Miami Beach, as more particularly described on Exhibit"A" (the "Property"); and
WHEREAS, the Property Owner is seeking Design Review Board approval (File No. DRB
19-0424)and Conditional Use Approval from the Planning Board (File No. PB 19-0303)to develop
the Property with 170 multifamily residential dwelling units (the "Project"); and
WHEREAS, pursuant to the ILA, the Property Owner is required to mitigate its impacts
to senior high schools in order to be able to proceed with the development. In order to mitigate
the Project's impact, a Proportionate Share Mitigation Agreement (the "Agreement", attached
hereto) is required; and
WHEREAS, the ILA requires that the School Board, the City, and the Property Owner
execute the Agreement; and
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WHEREAS, as required by the ILA, the parties agree that the Property Owner 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 Property Owner shall pay the Monetary Proportionate Share Mitigation
funds; and
WHEREAS, Public School Concurrency shall be satisfied by the Property Owner's
execution and compliance with the attached Agreement, which, Agreement ensures the
Property Owner shall provide mitigation proportionate to the demand for public school facilities
to be created by these new residential dwelling units; and
WHEREAS, the Property Owner shall be required to comply with the Proportionate Share
Mitigation requirements of the ILA; and
WHEREAS, the Administration recommends authorizing the attached Agreement, in
order to ensure compliance with the City's ILA with the School Board, and ensure that the
Property Owner complies with school concurrency requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City Commission approve and
authorize the City Manager to execute a Public School Concurrency Proportionate Share
Mitigation Development Agreement ("Agreement"), attached hereto as "Exhibit 1", between the
City, the School Board, and Property Owner, the owner of real property located at 6948-6988
Abbott Avenue and 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, 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 M-DCSB and the
City, dated December 12,2007.
PASSED AND ADOPTED this 24 day of -O`r+"e- , 2020.
ATTEST:
Raf el Gra do, it Clerk Dan Gelber, Mayor
AP''OV ` A: TO FORM AND
AN • AW.E ND FOR EXECUTION
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Ci Attorney �, l� a�aa
ate
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Resolutions-C7 K
MIAMI BEACH
COMMISSION MEMORANDUM
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
(M-DCSB) AND THE FOLLOWING PROPERTY OWNER: NORTH BEACH
TOWN CENTER DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, AUTHORIZED TO TRANSACT BUSINESS IN THE STATE OF
FLORIDA, THE FEE SIMPLE OWNER OF THAT CERTAIN TRACT OF
LAND (CONSISTING OF FOLIO # 0101070101110) LOCATED IN THE CITY
OF MIAMI BEACH, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT
"A" (the "Property"), (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
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of adequate public school facilities.
•
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 EXHI BIT"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.
CONCLUSION
The Administration recommends that the City Commission approve the Resolution.
Applicable Area
North Beach
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-94?
No No
Legislative Tracking
Planning
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