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HomeMy WebLinkAboutReso 2018-2810 RESOLUTION NO. 2018- - O 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 17550 COLLINS AVENUE, LLC ("AURORA PROJECT"), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER AND 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 ("School Board") and the City entered into the Amended and Restated Interlocal Agreement for Public School Facility Planning pursuant to Resolution No. 2007-1192 adopted on December 13`h, 2007 to implement Public School Concurrency; and WHEREAS, the City approved a site plan application pursuant Zoning Resolution No. 15-Z-154 adopted on July 16th, 2015 for a development known as the "Aurora Project" consisting of one residential 17-story tower with 61 dwelling units located at 17550 Collins Avenue, the project was approved subject to compliance with Public School Concurrency requirements; and WHEREAS, adequate school facility capacity is not available by one (1) students at the elementary school level, resulting in an inability to meet the level of service standard for School Facility in the applicable concurrency service areas; and WHEREAS, the School Facility level of service may be satisfied by the execution of a binding Proportionate Share Mitigation Agreement (the "Agreement") between the School Board, the developer of the Aurora Project and the City requiring that the Applicant provide mitigation proportionate to the demand for public school facilities created by the Project and requiring the City to withhold all building permits until such 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. Authorization of Mayor. The Mayor has the authority to execute the Agreement. Section 2. Authorization of City Manager and City Attorney. The City Manager and City Attorney are authorized to execute the Agreement and to take all actions necessary to implement the terms and conditions of the Agreement. R2018 MDC School Board And Aurora Ascot Page I of 2 Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 19`h day of • •ril 2014. George H Scholl, Mayor • ATTE'• : i: iii Mauricio Betancur CMC, City Clerk y r, r rrs - f ,.PF,`' l:j APPROVED AS TO FORM AND LE j UFFICIENCY: mL Al Jr" 'rirttinot, City Attorney / Moved by: vlk L'Aptoa C0(.two Seconded by: CCM/1MS'orS 2- lnt o Vote: Mayor Scholl / (Yes) (No) Vice Mayor Goldman / (Yes) (No) Commissioner Aelion ---7-(Yes) (No) Commissioner Gatto (Yes) (No) Commissioner Svechin ✓ (Yes) (No) R2018 MDC School Board And Aurora Agmt Page 2 of 2 4/12/2018 Item Coversheet off' 5`•%„ City of Sunny Isles Beach , -,. ... •,, 18070 Collins Avenue `;[` ); Sunny Isles Beach, Florida 33160 '\ t- (305)947-0606 City Hall :Sp ;:f`Of` 4T `,,. s,..,0°4 (305)949-3113 Fax Oo MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Claudia C. Hasbun, Planning and Zoning Director DATE: 4/19/2018 Public school concurrency proportionate share mitigation development agreement between the School RE: Board of Miami-Dade County and 17550 Collins Avenue, LLC a/k/a Aurora and the City of Sunny Isles Beach. RECOMMENDATION: This Resolution is presented for your consideration. REASONS: The City entered into the 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. The City approved a site plan application pursuant Zoning Resolution No. 15-Z-154 adopted on July 16th, 2015 for a development known as "Aurora". At the time of building permitting, adequate school facility capacity was not available by one (1)students at the elementary school level, resulting in an inability to meet the level of service standard for School Facility in the applicable concurrency service areas. The School Facility level of service may be satisfied by the execution of a binding Proportionate Share Mitigation Agreement (the "Agreement") between the School Board, 17550 Collins Avenue, LLC (the "Applicant") and the City requiring that the Applicant provide mitigation proportionate share agreement. ATTACHMENTS: Description Resolution Agreement Item Number: 10.D. https://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=2336 1/1