Resolution 2019-30813 RESOLUTION NO., 2019-30813
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY -
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, A PUBLIC SCHOOL CONCURRENCY PROPORTIONATE
SHARE MITIGATION DEVELOPMENT AGREEMENT ("AGREEMENT"),
BETWEEN THE CITY OF MIAMI BEACH ("CITY"), MIAMI-DADE COUNTY
SCHOOL BOARD ("M-DCSB") AND THE FOLLOWING PROPERTY
OWNERS: 500 ALTON ROAD VENTURES, LLC, A DELAWARE LIMITED
LIABILITY COMPANY; 1220 SIXTH, LLC, A DELAWARE LIMITED
LIABILITY COMPANY; SOUTH BEACH HEIGHTS I, LLC, A DELAWARE
LIMITED LIABILITY COMPANY; AND KGM EQUITIES, LLC, A DELAWARE
LIMITED LIABILITY COMPANY, (HEREINAFTER THE "PROPERTY
OWNERS"); WHICH AGREEMENT PROVIDES FOR THE PAYMENT OF
$197,862 TOWARD SCHOOL BOARD CONCURRENCY BY PROPERTY
OWNERS TO M-DCSB DUE TO THE PROPERTY OWNER'S APPLICATION
TO CONSTRUCT 337 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.
WHEREAS, in 2005, the.Florida Legislature amended Chapters 163 and 1063, Florida
Statutes, to require school boards and local jurisdictions to adopt public school elements in their
Comprehensive Plans and implement School Concurrency; and
WHEREAS, on February 13, 2008, the City Commission approved Resolution No. 2008-
26762, which authorized the City to enter into an Interlocal 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; and
WHEREAS, 500 Alton Road Ventures, LLC, a Delaware limited liability company; 1220
Sixth, LLC, a Delaware limited liability company; South Beach Heights I, LLC, a Delaware
limited liability company; and KGM Equities, LLC, a Delaware limited liability company
(hereinafter, the "Property Owners"), have filled an application for conditional use approval and
design review approval for the construction of a 337-unit residential development; and
WHEREAS, upon performing a Concurrency Review for the proposed development,
I 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 six (6) 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; and 3) available school facility capacity will not be in place or under
actual construction within three years after the approval of the development proposal; and
WHEREAS, 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; and
WHEREAS, as required by the ILA, the attached Proportionate Share Mitigation
Agreement will require the applicant to fund the full capital cost of 6 student stations. This will
reimburse a mitigation bank established by the 3425 Collins Agreement approved on March 9,
2016, which will lead to the creation of a new classroom at Miami Beach High School.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor to execute, in a form acceptable to the
City Attorney, a Public School Concurrency Proportionate Share Mitigation Development
Agreement ("Agreement"), between the City of Miami Beach ("City"), Miami-Dade County
School Board ("M-DCSB") and the following property owners: 500 Alton Road Ventures, LLC, a
Delaware limited liability company; 1220 Sixth, LLC, a Delaware limited liability company; South
Beach Heights I, LLC, a Delaware limited liability company; and KGM Equities, LLC, a Delaware
limited liability company, (hereinafter the "Property Owners"); which Agreement provides for the
payment of $197,862 toward School Board Concurrency by Property Owners to M-DCSB, due
to the Property Owner's application to construct 337 multifamily residential units on the
Property; 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.
PASSED and ADOPTED this g day of May, 2019
ATtEST:
Dan Gelber, Mayor r
4 Ssfik / 9
Rafael E. Gr nado, City Clerk j
APPROVED AS'TO
FORM & LANGUAGE
& FO XEC TION
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INCORP ORATED:.
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Resolutions - C7 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 8, 2019
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-DCS) AND THE FOLLOWING PROPERTY OWNERS: 500 ALTON ROAD
VENTURES, LLC, A DELAWARE LIMITED LIABILITY COMPANY; 1220
SIXTH, LLC,A DELAWARE LIMITED LIABILITY COMPANY; SOUTH BEACH
HEIGHTS I, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND KGM
EQUITIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY,
(HEREINAFTER THE "PROPERTY OWNERS"); WHICH AGREEMENT
PROVIDES FOR THE PAYMENT OF $197,862 TOWARD SCHOOL BOARD
CONCURRENCY BY PROPERTY OWNERS TO M-DCS DUE TO THE
PROPERTY OWNER'S APPLICATION TO CONSTRUCT 337 MULTIFAMILY
RESIDENTIAL UNITS ON THE PROPERTY; AND WHICH AGREEMENT IS
CONSISTENT WITH THE REQUIREMENTS OF THE AMENDED AND
RESTATED INTERLOCAL AGREEMENT (ILA) BETWEEN M-DCS AND THE
CITY, DATED DECEMBER 12, 2007.
RECOMMENDATION
The Administration recommends that the City Commission approve the Resolution.
ANALYSIS
BACKGROUND/ANALYSIS
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.
Page 320 of 1102
On April 30, 2019, on the Planning Board will consider an application to construct a 337 unit
residential building and a public park on lots located between 500 and 700 Alton Road. The
Design Review Board is scheduled to review the application on May 7, 2019.
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 six(6) 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 I LA, 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 I LA, the attached Proportionate Share Mitigation Agreement will require the
applicant to fund the full capital cost of 6 student stations. This will reimburse a mitigation bank
established by the 3425 Collins Agreement approved on March 9, 2016 which will lead to the
creation of a new classroom at Miami Beach High School.
CONCLUSION
The Administration recommends that the City Commission approve the Resolution.
Legislative Tracking
Planning
Page 321 of 1102