HomeMy WebLinkAboutK-1 Resolution: MDC Educational Facilities Impact FeeCity of ~Vliami ~ard~ens
1515-200 NW 167~' Street
Miami Gardens, Florida 33169
Date: 9/12/2007
Fiscal Impact: No X Yes ^
(If yes, explain in Staff Summary)
Funding Source: City of Opa-Locka
Contract/P.O. Requirement: Yes ^ No^
Sponsor Name/Department:
Mayor 8~ City Council
Aqenda Cover Paqe
Mayor Shirley Gibson
Vice Mayor Barbara Watson
Councilman Melvin L. Bratton
Councilman Aaron Campbell Jr.
Councilwoman Sharon Pritchett
Councilman Oscar Braynon II
Councilman Andre Williams
Public hearing ^
Ordinance ^
1st Reading ^
Advertising requirement:
RFP/RFQ/Bid #
Quasi-Judicial o
Resolution ^X
2nd Reading ^
Yes ^ No ^
Title
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, EXPRESSING OPPOSITION TO MIAMI-DADE
COUNTY'S PROPOSED EDUCATIONAL FACILITIES IMPACT FEE
ORDINANCE DUE TO THE APPARENT NEGATIVE AFFECT THAT THE
AFFORDABLE HOUSING WAIVERS WILL HAVE ON THE CITY OF MIAMI
GARDENS, AS COMPARED TO OTHER CITIES IN MIAMI-DADE COUNTY;
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE.
StafF Summarv
At the September 5, 2007 Zoning meeting the City Council directed staff to
prepare a resolution expressing opposition to the Miami-Dade County's
proposed Educational Facilities Impact Fee Ordinance due to the apparent
negative affect the affordable waiver will have on the City of Miami Gardens and
its residents.
RECOMMENDATION: That City Council approve this resolution
K-1) RESOLUTI
MIAMI-DADE COU]
EDUCATIONAL FA
IlVIPACT FEE ORD]
ON
~TY
CILITIES
NANCE
Resolution No.
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RESOLUTION No. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, EXPRESSING OPPOSITION TO MIAMI-DADE
COUNTY'S PROPOSED EDUCATIONAL FACILITIES IMPACT FEE
ORDINANCE DUE TO THE APPARENT NEGATIVE AFFECT THAT THE
AFFORDABLE HOUSING WAIVERS WILL HAVE ON THE CITY OF
MIAMI GARDENS, AS COMPARED TO OTHER CITIES IN MIAMI-DADE
COUNTY; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the current Miami-Dade County Educational Facilities Impact Fee
Ordinance (Impact Fees) adopted by Miami-Dade County in 1995, requires that fees be
collected at time of building permit for the construction of new residential development
(or additions to existing homes) to help mitigate the cost of the additional student
stations generated from the impact of such new residential development, and
WHEREAS, the Impact Fee Ordinance requires that the Ordinance, its formula,
and the Impact Fee methodology and Technical Report be reviewed regularly, and that,
if appropriate, recommendations for revisions be submitted to the Board of County
Commissioners, and
WHEREAS, the Interlocal Agreement for Public School Facility Planning in
Miami-Dade County (Interlocal Agreement), which was executed on March 3, 2003, also
mandates a comprehensive annual review, and
WHEREAS, the School Board in October 2004 initiated its review of the Impact
Fee Ordinance, under the auspices of the Interlocal Agreement, most notably through
participation from the Builders Association of South Florida and Latin Builders
Association, and
1
Resolution No.
1 WHEREAS, in January 2006, the School District completed its review and produced
2 a final report, and in March of 2006, the School Board received the report and
3 forwarded it to Miami-Dade County (County) for implementation, and
4 WHEREAS, the proposed revisions to the current Impact Fee Ordinance have
5 been incorporated into an Ordinance and must now be considered by the Miami-Dade
6 County Board of County Commissioners, and
7 WHEREAS, the City of Miami Gardens cannot support the Ordinance in its
8 current form because of the apparent negative impact that the affirmative housing
9 waivers will have on the City of Miami Gardens and its residents, and
10 WHEREAS, the City Council of the City of Miami Gardens believes that more
11 dialogue is needed between the City and representatives of the Miami-Dade County
12 School Board and Members of the County Board of Commissioners to ensure that the
13 City of Miami Gardens will not overwhelmingly bear the burden of the effect of the
14 waivers as compared to other cities within the County,
15 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
16 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
17 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
18 paragraphs a re hereby ratified and confirmed as being true, and the same are hereby
19 made a specific part of this Resolution.
20 Section 2. EXPRESSION OF OPPOSITION/REQUEST FOR DIALOGUE:
21 The Mayor and City Council of the City of Miami Gardens hereby expresses it's
22 opposition to Miami-Dade County's proposed Educational Facilities Impact Fee
23 Ordinance due to the apparent negative affect that the affordable housing waivers will
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Resolution No.
1 have on the City of Miami Gardens and its residents. The City request that
2 representatives of the Miami-Dade County School Board and Members of the Miami-
3 Dade County Board of County Commissioners dialogue with the Mayor and City Council
4 prior to the implementation of the Ordinance to ensure that the City of Miami Gardens
5 and its residents are not negatively affected by the Affordable Housing Waivers
6 provided in the Ordinance, and to ensure that the City of Miami Gardens will not
7 overwhelmingly bear the burden of the effect of the waivers as compared to other cities
8 within the County.
9 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby
10 directed to serve certified copies of this Resolution to the Members of the Miami-Dade
11 County School Board and the Members of the Miami-Dade County Board of County
12 Commissioners.
13 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately
14 upon its final passage.
15 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
16 GARDENS AT ITS REGULAR MEETING HELD ON SEPTEMBER 12, 2007.
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ATTEST:
SHIRLEY GIBSON, MAYOR
RONETTA TAYLOR, CMC, CITY CLERK
Prepared by SONJA K. DICKENS
City Attorney
SPONSORED BY: THE MAYOR AND CITY COUNCIL
MOVED BY:
SECONDED BY:
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Resolution No.
1 VOTE:
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3 Mayor Shirley Gibson (Yes) (No)
4 Vice Mayor Barbara Watson (Yes) (No)
5 Councilman Oscar Braynon, II ~(Yes) (No)
6 Councilman Melvin L. Bratton (Yes) (No)
7 Councilman Aaron Campbell (Yes) (No)
8 Councilman Andre Williams (Yes) (No)
9 Councilwoman Sharon Pritchett (Yes) (No)
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265728_1.DOC
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City of ~Vliami ~ard~ens
1515-200 NW 167~' Street
Miami Gardens, Florida 33169
Mayor Shirley Gibson
Vice Mayor Barbara Watson
Councilman Oscar Braynon II
Councilman Melvin L. Bratton
Councilman Aaron Campbell Jr.
Councilwoman Sharon Pritchett
Councilman Andre Williams
Agenda Cover Page - Maiorca Isles Community Development District
Date: September 12, 2007
Fiscal Impact: No X Yes ^ Public hearing X Quasi-Judicial ^
(If yes, explain in Staff Summary) Ordinance ^ Resolution X
Funding Source: 1 st Reading ^ 2nd Reading ^
Contract/P.O. Requirement: Yes ^ No^ Advertising requirement: Yes X No ^
Sponsor Name/Department: Development Services Director via City Manager
RESOLUTION No. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, EXPRESSING SUPPORT FOR THE EXPANSION OF THE BOUNDARIES OF
THE MAJORCA ISLES COMMUNITY DEVELOPMENT DISTRICT BY THE MIAMI-
DADE COUNTY COMMISSION; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
The Majorca Isles Community Development District item was deferred from the September 5, 2007 to
September 12, 2007 meeting.
K-2) RESOLUTION
MAJORCA ISLES
COMM. DEV. DISTRICT
Resolution No.
RESOLUTION No. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, EXPRESSING SUPPORT FOR THE EXPANSION
OF THE BOUNDARIES OF THE MAJORCA ISLES COMMUNITY
DEVELOPMENT DISTRICT BY THE MIAMI-DADE COUNTY
COMMISSION; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
1 WHEREAS, Miami-Dade County will hold public hearings to consider the
2 adoption of an ordinance granting the petition of the Majorca Isles Community
3 Development District ("Petitioner" or "CDD") to expand its boundaries pursuant to
4 Chapter 190, Florida Statutes; Article VIII, Section 6(1) of the Florida Constitution; and
5 the Dade County Home Rule Charter, and
6 WHEREAS, Miami-Dade County has indicated that it will not approve the CDD
7 without the support of the City because all the lands of the CDD are located within the
8 City's boundaries, and
9 WHEREAS, the City Council finds that the CDD, as expanded, will constitute a
10 timely, efficient, effective, responsive and economic method of delivering community
11 development services in the area without overburdening the City's taxpayers, and
12 WHEREAS, as proposed by the Petitioner, the Miami-Dade Water and Sewer
13 Department will be providing water and wastewater services to and all lands within the
14 CDD's expanded boundaries, and
15 WHEREAS, the City Council finds that expansion of the CDD is consistent with
16 the City's Comprehensive Plan,
17 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
18 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
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Resolution No.
19 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
20 paragraphs are hereby ratified and confirmed as being true, and the same are hereby
21 made a specific part of this Resolution.
22 Section 2. SUPPORT: The City Council of the City of Miami Gardens, Florida,
23 expresses support for the expansion of the boundaries of the Majorca Isles Community
24 Development District by the Miami-Dade County Commission.
25 Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately
26 upon its final passage.
27 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
28 GARDENS AT ITS REGULAR MEETING HELD ON SEPTEMBER 12, 2007.
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SHIRLEY GIBSON, MAYOR
ATf EST:
RONETTA TAYLOR, CMC, CITY CLERK
Prepared by JAMES C. BRADY, ESQ.
Assistant City Attorney
SPONSORED BY: CYRIL SAIPHOO, ZONING ADMINISTRATOR
MOVED BY:
VOTE:
Mayor Shirley Gibson (Yes) (No)
Vice Mayor Barbara Watson _(Yes) (No)
Councilman Oscar Braynon, II (Yes) (No)
Councilman Melvin L. Bratton (Yes) (No)
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Resolution No.
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Councilman Aaron Campbell (Yes)
Councilman Andre Williams (Yes)
Councilwoman Sharon Pritchett (Yes)
JCB/teh
263638_1.DOC
(No)
(No)
(No)
61
Majorca Isles Community Development District
DD-2007-000001
Page 3 of 10
EXHIBIT "A" LEGAL DESCRIPTION
Majorca Isles Community Development District
DD-2007-000001
Page 4 of 10
EXHIBIT "A"
LEGAL DESCRIPTION
All of the "Walden Commercial" Plat, a replat of a portion of west '/z of
Section 35, Township 51 South, Range 41 East "East half of T. 51 S R. 41 E.
FLA " Surveyed by John W. Newman (Plat Book 1, page 118) City of Miami
Gardens, Miami Dade County, Florida, as recorded in Plat Book 163, page 88
as recorded in the Official Public Records of Miami-Dade County, Florida
Majorca Isles Community Development District
DD-2007-000001
Page 5 of 10
EXHIBIT "B"
STAFF RECOMMENDATION
Majorca Isles Community Development District
DD-2007-000001
Page 6 of 10
EXHIBIT "B"
STAFF REOOIVIlVIEDATION
APPLICATION INFORMATION:
Applicant:
Agent:
Subject:
Application No.
Location:
Land Area:
Future Land Use:
Existing Zoning:
Requested Action(s):
Majorca Isles Community Development District
Michael C. Eckert, Hopping Green & Sams, P.A.
123 South Calhoun Street
Tallahassee, FL 32314
850-222-7500, fax 850-224-8551
Majorca Isles Community Development District
DD-2007-0001
1344 N.W. 206 Terrace
6.4 acres
Neighborhood
BU-lA, Business Limited
1. Resolution expressing the City's support for the expansion of the boundaries
of the Majorca Isles Community Development District, as required by
Miami-Dade County.
RECOMMENDATION:
Recommend approval of the requested action.
REVIEW AND ANALYSIS
The Majorca Isles Community Development District (CDD) is requesting an
expansion of its' existing CDD that currently covers approximately 53.95 acres to
add all of the Walden Commercial Tract "A" area comprising approximately 6.4
acres for a total CDD area of 60.35 acres. The CDD expansion encompasses all of
the property approved by Resolution 2005-145-322-Z-42 for the development of a
86 unit townhouse development. The CDD is being created to off-set water
distribution facilities, sanitary sewer facilities, and the drainage/water management
system.
Majorca Isles Community Development District
DD-2007-000001
Page 7 of 10
Zoning History
The subject property is all of Tract "A" of the Walden Commercial plat, Plat Book
163, page 88, recorded in September, 2005, in the Public Records of Miami Dade
County. The property was also subject to Resolution 2005-145-Z-42 granting
approval of an 86 unit townhouse development.
Public Notification/Comments
The requested action was advertised in a newspaper of general circulation in Miami-
Dade County indicating the time and date, and place of the public hearing and
procedures to provide comments and or voice concerns.
Attachments:
Petition
Majorca Isles CDD boundary
Plat Book 163-88
Majorca Isles Community Development District
DD-2007-000001
Page 8 of 10
PETITION
BEFORE THE CITY OF NIIAMI GARDENS CITY COUNCIL
AND THE MIAMI-DADE COUNTY BOARD OF COiJ1~iTY COMIVIISSIONERS
PETITION TO AMEND THE BOUNDARIES OF
THE M-TORCA ISLES COMMUNITY DEVELOPMENT DISTRICT
Petitioner, the Majorca Isles Community Development District, a unit of special-purpose
local government established pursuant to the provisions of Chapter 190, Florida Statutes, and
Miami-Dade County Ordinance No. 07-13, and located entirely within the boundaries of the City
of Miami Gardens, Florida (hereafter "District"), hereby petitions the City of Miami Gardens and
the Miami-Dade County Board of County Commissioners, pursuant to the "Uniform Community
Development District Act of 1980," Chapter 190, Florida Statutes, and specifically section
190.046, Florida Statutes, to adopt an amendment to Ordinance No. 07-13 to expand the
boundaries of the District by approximately 6.4 acres. In support of this petition, the District
states:
l. Location and Size. The District is located entirely within the City of Miami
Gardens, Florida ("City"). Exhibit 1 depicts the general location of the existing District. The
District currently covers approximately 53.95 acres of land. The current metes and bounds
description of the external boundaries of the District is set forth in Exhibit 2. A sketch and
metes and bounds description for the lands to be added to the District (the "Expansion Parcel") is
set forth in Exhibit 3. A diagram and metes and bounds description of the external boundaries
of the District incorporating the requested amendment is set forth in Exhibit 4(the "Expanded
District"). The Expanded District meets the acreage requirements of Section 190.046(1)(~2.,
F.S. After expansion, the District will encompass a total of approximately 60.35 acres. There
are no parcels within the Expanded District that are to be excluded from the District.
1
2. Landowner Consent. Petitioner has obtained written consent to amend the
boundaries of the District from the owners of one hundred percent of property subject to the
proposed amendment. Documentation of this consent is contained in Exhibit 5. The favorable
action by the Board of Supervisors of the District constitutes consent for all other lands pursuant
to section 190.046(1)(e), F.S. See Exhibit 6- Resolution 2007-08.
3. Future Land Uses. The designation of future general distribution, location, and
extent of the public and private land uses proposed for the Expanded District by the future land
use plan elements of the local Comprehensive Plans are shown on Composite Exhibit 7.
Expansion of the District in the manner proposed is consistent with the adopted local
Comprehensive Plans. A site and development plan for the Expansion Parcel is also included in
Exhibit 7.
4. District facilities and services. The District presently intends to construct, acquire
or install the improvements or provide facilities or services to the Expansion Parcel described in
more detail in Exhibit 8 which sets forth, based on available data, the estimated construction
costs of the facilities that the District presently plans to fund. Improvements are expected to be
constructed approximately between June 2007 through December 2007. Actual construction
timetables and expenditures may vary, due in part to the effects of future changes in economic
conditions upon costs such as labor, services, materials, interests rates and market conditions.
No facilities or services are currently provided by the District to the Expansion Parcel.
5. Statement of Estimated Re~ulatorv Costs. Exhibit 9 is the statement of estimated
regulatory costs ("SERC") prepared in accordance with the requirements of Section 120.541,
2
Florida Statutes. The SERC is based upon presently available data. The data and methodology
used in preparing the SERC accompany it.
6. This petition to expand the Majorca Isles Community Development District
should be granted for the following reasons:
a. Amendment of the District's boundaries and all land uses and services planned
within the District as amended are not inconsistent with applicable elements or portions of the
adopted State Comprehensive Plan or the effective local Comprehensive Plan.
b. The area of land within the Expanded District is part of a planned community.
The District as amended will continue to be of sufficient size and sufficiently compact and
contiguous to be developed as one functional and interrelated community.
c. Existence of the Expanded District will prevent the general body of taxpayers in
the City and County from bearing the burden for installation of the infrastructure and the
maintenance of certain facilities within the development encompassed by the Expanded District.
The District is the best alternative for delivering community development services and facilities
to the Expansion Parcels without imposing an additional burden on the general population of the
local general-purpose government. Amendment of the District to include such lands within a
comprehensively planned community, as proposed, allows for a more efficient use of resources.
d. The community development services and facilities of the District as amended
will not be incompatible with the capacity and use of existing local and regional community
development services and facilities.
e. The area to be served by the District as amended is amenable to separate special-
district government.
3
WHEREFORE, Petitioner respectfully requests the City Council of the City of Miami
Gardens, Florida and the Board of County Commissioners of Miami-Dade County to:
a. the City adopt a resolution in support of expanding the boundaries of the District
pursuant to Chapter 190, Florida Statutes;
b. the County schedule a public hearing on an ordinance amendment in accordance
with the requirements of Section 190.046(1)(c), Florida Statutes;
c. the County grant the petition and amend Ordinance No. 07-13 to expand the
boundaries of the District pursuant to Chapter 190, Florida Statutes.
R.ESPECTFULLY SUBMITTED, this 6~~ day of June, 2007.
By:
HOPPING GREEN & SAMS, P.A.
Michael C. Eckert
Florida Bar No. 0080314
Jere Earlywine
Florida Bar No. 155527
123 South Calhoun Street
Post Office Box 6526
Tallahassee, FL 32314
(850) 222-7500 (telephone)
(850) 224-8551 (facsimile)
District Counsel for Petitioner
Majorca Isles Community Development District
4
Majorca Isles Community Development District
DD-2007-000001
Page 9 of 10
CDD BOUNDARY
EXHIBIT 4
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Majorca Isles Community Development District
DD-2007-000001
Page 10 of 10
PB 163, PAGE 88
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