HomeMy WebLinkAboutR-22-0386City of Miami
Resolution R-22-0386
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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 I) 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
City of Miami Page 1 of 2 File ID: 12542 (Revision: A) Printed On: 6/23/2025
File ID: 12542 Enactment Number: R-22-0386
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 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.
City of Miami Page 2 of 2 File ID: 12542 (Revision: A) Printed on: 6/23/2025