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HomeMy WebLinkAboutAgenda Item Summary Form1TY OF Hw AGENDA ITEM SUMMARY FORM File ID: #12542 Date: 09/09/2022 Requesting Department: Department of Planning Commission Meeting Date: 10/13/2022 Sponsored By: District Impacted: District 5 Type: Resolution Subject: Auth. City Manager - Mitigation Agreement - School Concurrency Purpose of Item: This City Administration respectfully requests approval to allow the City Manager to negotiate and execute the proportionate fair share agreement between the City, Miami - Dade County Public Schools, Miami -Dade County, Culmer Holdings, LLC, and Culmer Apartments, LTD in its capacity as partial owner. Background of Item: Ordinance 12966 memorializes the City's requirements to ensure adequate public school capacity concurrent with development ("school concurrency"), pursuant to Sec. 1013.33, F.S. and 163.31777, F.S. The City implements this requirement through its Interlocal Agreement ("ILA") with Miami -Dade County Public Schools (MDCPS), adopted by Resolution R-07-0717. The ILA requires tri-party agreements between MDCPS, the City, and a developer when a residential development fails to meet level of service (LOS). For the subject development located at 800 NW 5 AV and 501 NW 8 ST, LOS failed by 7 elementary student stations and the owner must mitigate those seats. A portion of the property at 501 NW 8 ST is owned by the City of Miami. For this reason, the City must sign the tri-party proportionate fair share mitigation agreement as partial owner as well as the regulator. Budget Impact Analysis Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Department of Planning Review Completed Office of Management and Budget Legislative Division Office of the City Attorney Office of the City Attorney City Commission Legislative Division Office of the City Attorney Office of the City Attorney Reviewed By Lakisha Hull AICP LEED AP BD+C 09/12/2022 3:42 PM Department Head Fred Pericles Budget Analyst Review Completed Valentin J Alvarez Legislative Division Review Completed Amber Ketterer ACA Review Completed Victoria Mendez Approved Form and Correctness Completed Maricarmen Lopez Meeting Completed Valentin J Alvarez Legislative Division Review Completed Amber Ketterer ACA Review Completed Victoria Mendez Approved Form and Correctness with Modification(s) 09/12/2022 3:57 PM 09/14/2022 2:40 PM 09/27/2022 5:20 PM 10/03/2022 8:03 PM 10/13/2022 9:00 AM 10/13/2022 5:14 PM 10/13/2022 5:25 PM Completed Office of the City Clerk City Clerk's Office Rendered Completed 10/13/2022 5:34 PM of .�f City of Miami CityHall * iM°nr H°TF° * 11 °° Legislation 3500 Pan American Drive g Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-22-0386 File Number: 12542 Final Action Date:10/13/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROPORTIONATE FAIR SHARE MITIGATION AGREEMENT ("MITIGATION AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI- DADE COUNTY PUBLIC SCHOOLS, CULMER HOLDINGS, LLC, CULMER APARTMENTS, LTD, AND MIAMI-DADE COUNTY TO MITIGATE THE FAILURE OF LEVEL OF SERVICE FOR SCHOOL CONCURRENCY REGARDING THE PROPERTY LOCATED AT APPROXIMATELY 800 NORTHWEST 5 AVENUE AND 501 NORTHWEST 1 AVENUE MIAMI, FLORIDA, PROVIDING THAT THE CITY OF MIAMI NOT BE HELD RESPONSIBLE FOR ANY FINANCIAL OBLIGATIONS CONTEMPLATED IN THE AGREEMENT. WHEREAS, the City of Miami ("City") supports the effort to create affordable housing on a property owned by the Miami -Dade County located at approximately 800 Northwest 5 Avenue ("County Property"); and WHERAS, the City owns a property adjacent to the County Property located at approximately 501 Northwest 8 Street ("City Property") (City Property and County Property collectively referred to "Property"); and and WHEREAS, the entire Property is approximately 603,874+/- square feet or 13.86 acres; WHEREAS, the size of the City Property is approximately 8,883 +/-square feet; and WHEREAS, in conjunction with this Resolution, there is a separate request to the City Commission requesting that the City enter into a Covenant in Lieu of Unity of Title to unify the Property for zoning purposes in order to aid the development of the affordable housing project; and WHEREAS, pursuant to Resolution R-07-0717, adopted on December 13, 2007, the City entered into an Interlocal Agreement with Miami -Dade County Public Schools ("MDCPS") through which it complies with the Miami Comprehensive Neighborhood Plan ("MCNP") policies for school concurrency, adopted by Ordinance 12966; and WHEREAS, the City submitted data to MDCPS for testing of school concurrency for ePlan Project Number PZ-21-10058 ("Culmer Phase 1) on May 4, 2021, and MDCPS found that the level of service was not met for school concurrency; and WHEREAS, MDCPS has found that the owner of the Property must mitigate this project for seven (7) seats at the Elementary School Level; and WHEREAS, the Interlocal Agreement between the City and MDCPS requires that the terms of school concurrency mitigation be formally recognized through a proportionate fair share mitigation agreement, signed by the municipality, the owners/developers, and MDCPS; and WHEREAS, although there is no new development on the City Property, because the City is also an owner of a portion of this Property, MDCPS is requiring the City to sign the tri- party proportionate fair share mitigation agreement ("Agreement") in a proprietary capacity due to its ownership of the portion of the Property at 501 Northwest 8 Street in addition to in its a regulatory capacity due to its obligations under the Interlocal Agreement; and WHEREAS, the Agreement will provide that the City will not be responsible for any financial obligations contemplated in the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' to negotiate and execute a Tri-Party Proportionate Fair Share Mitigation Agreement, in a form acceptable to the City Attorney, for School Concurrency regarding the Property located at approximately 800 Northwest 1 Avenue and 501 Northwest 1 Avenue with the City not being responsible for any financial obligations contemplated in the Agreement. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 Un ndez, City Httvr ey 10/312022 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions.