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City of North Miami Beach
17011 NE 19 Avenue
North Miami Beach, FL 33162
305-947-7581
www.citynmb.com


MEMORANDUM

 
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TO: Mayor and City Commission
FROM: Ana M. Garcia, City Manager, ICMA-CM
VIA:

Richard Lorber, AICP, Community Development Director

Justin Proffitt, AICP, Planning & Zoning Manager

DATE: Thursday, May 24, 2018
RE: Ordinance No 2018-6 Development Agreement Ordinance (Second and Final Reading) (Richard Lorber, AICP, Community Development Director)
BACKGROUND ANALYSIS:

Request:

The applicant, City of North Miami Beach, proposes a text amendment to the North Miami Beach Zoning and Land Development Code to provide regulations pertaining to Development Agreements.

 

Planning and Zoning Department Analysis:

 

Sections 163.3220-163.3243, of the Florida Statutes entitled, the “Florida Local Government Development Agreement Act,” permit local governments and developers to enter into development agreements for the purposes of outlining the roles, responsibilities, costs, public benefits, and timing of development projects. Development agreements provide certainty to both the City and the developer and may not extend beyond 30 years unless mutually agreed to by both parties of the agreement at a public hearing.

 

Although Florida Statutes permit local governments to enter into such agreements, the City of North Miami Beach does not have code regulations outlining the City’s standards and requirements for Development Agreements. Having no ordinance does not preclude the City from entering into such agreements. For example, the City and developer of the recently approved 5 Park Mixed Use project entered into a Development Agreement to outline the disposition and implementation of public infrastructure and benefits, public parking, and city owned land.

 

The tremendous success of the mixed use zoning and Community Redevelopment Agency financial incentives have attracted significant development interest in the City of North Miami Beach. City staff believes that it would be prudent to have these regulations going forward to provide clarity and expectations when and if the City and a developer choose to utilize such an agreement.

 

Ordinance Summary

 

  • Consistency with Florida Statutes;

  • Public Hearing Process and Noticing requirements specifically for Development Agreements;

  • Minimum Requirements for Development Agreements;

  • Compliance and Monitoring Procedures.

 

NMB Strategic Plan Consistency

  • Place to Live: Beautiful, Safe, and Livable

  • Financially Sound

  • Revitalized Downtown and Major Corridors


RECOMMENDATION:

PLANNING AND ZONING BOARD RECOMMENDATION:

At their January 23 ,2018 meeting, the Planning and Zoning Board APPROVED the ordinance by a vote of 7-0.

 

COMMUNITY DEVELOPMENT DEPARTMENT RECCOMENDATION:

Community Development Department staff recommends approval of the proposed text amendment on first reading.


FISCAL/BUDGETARY IMPACT:

None.

 
ATTACHMENTS:
Staff Report
2018-6 Development Agreement Ord 2nd Read