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HomeMy WebLinkAboutReso 2016-2541 RESOLUTION NO. 2016-251J A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A PUBLIC SCHOOL CONCURRENCY PROPORTIONATE SHARE MITIGATION DEVELOPMENT AGREEMENT BETWEEN THE SCHOOL BOARD OF MIAMI-DADE COUNTY AND 18555 DEVELOPERS, LLC, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the School Board of Miami-Dade County (the "School Board") and the City of Sunny Isles Beach (the "City") entered into an Amended and Restated Interlocal Agreement for Public School Facility Planning pursuant to Resolution No. 2007-1192 adopted on December 13th, 2007 to implement Public School Concurrency; and WHEREAS, the City approved a site plan application pursuant to Zoning Resolution No. 11-Z-123 adopted on November 17, 2011 and 12-Z-129 on May 10, 2012 for a development known as "Porsche" (the "Project") consisting of a residential tower with 132 dwelling units located at 18555 Collins Avenue; and WHEREAS, the Project was approved subject to compliance with Public School Concurrency requirements; and WHEREAS, the School Facility level of service may be satisfied by executing a binding • Proportionate Share Mitigation Agreement (the "Agreement") between the School Board, 18555 Developers, LLC (the "Applicant") and the City requiring the Applicant to provide mitigation proportionate to the demand for public school facilities created by the Project and requiring the City to withhold Certificate of Occupancy until the mitigation payments have been made by the Applicant. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving the Proportionate Share Mitigation Agreement. The Proportionate Share Mitigation Agreement between the School Board of Miami-Dade County, 18555 Developers LLC and the City is hereby approved in substantially the same form as the attached Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute the Agreement in substantially the same form as the attached Exhibit "A". Section 3. Authorization of City Manager and City Attorney. The City Manager and City Attorney are authorized to do all things necessary to effectuate the terms of the Agreement. Approving Porsche Proportionate share Mitigation Agreement Page I ort Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 219 day of2016.,71/;:r • 1 George . Scholl. Mayor 'ATTEST: 4 . cI ► fes. p , `�pL�JA,aa„ Jane A. Hines. MMC. City Clerk i f. r ,,1,:,. APPROVED AS TO FORM AND LEGUFFICIENCY: IdA f'ttttin:. Ci y Attorney A COWw� a . 9n nn - tU Moved by: O10 ,C Seconded by: `l t C.¢ May-GhT"TO Vote: S--C) Mayor Scholl (/ (Yes) (No) Vice Mayor Gatto ✓(Yes) (No) Commissioner Aelion ✓(Yes) (No) Commissioner Goldman 1/ (Yes) (No) Commissioner Levin 7(Yes) (No) Approving Porsche Proportionate Share Mitigation Agreement Page 2 of 2