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North Bay Village and developer reach interim deal: commission directs phased payment schedule for Shoma project
Summary
After a contentious hearing on missed development deadlines and fees, the commission directed staff to draft an amendment requiring an upfront payment at permit issuance and two annual follow‑up payments; the motion passed and a special meeting was scheduled to finalize terms.
The North Bay Village Commission on March 18 directed staff to prepare an amendment to the Shoma North Bay development agreement that would require staggered payments to resolve fees that became due when the developer missed a contractual November 2024 permitting milestone.
Commissioner Trevone proposed — and the commission approved — a three‑step schedule: a large initial payment on issuance of the building permit (approx. $4.14 million, which includes permit and impact fees plus a $1.0 million community contribution), followed by $2.0 million on or before April 30, 2026, and a final $2.0 million on or before April 30, 2027. The motion conditions certificates of occupancy for residential units on full payment or completion of the agreed schedule; late payments would accelerate outstanding balances and accrue interest at the maximum lawful rate.
Developer representatives and counsel disputed whether the original contractual milestone (a defined “shell” permit or commencement of vertical construction) had been met because of agency coordination on sewer extension and technical submittal timing. Developer counsel Mario Garcia Serra urged continued collaboration, noting foundations and piles were installed and site mobilization was under way; the developer said construction financing was available but that additional fees could jeopardize the project's feasibility given current market conditions.
Mayor Rachel Streitfeld and other commissioners emphasized their responsibility to recover funds intended for workforce housing and community contributions that the commission had previously reduced as an incentive for timely construction. The commission recorded broad support for a structured amendment and asked staff and legal counsel to work with the developer on a revised development agreement and to present a draft at a special meeting or the next commission meeting in April.
Commissioner Trevone framed the directive as an effort to preserve the project while protecting the village’s fiscal interests. “We want this project to move forward,” he said, “but the village must hold to the terms we established and ensure funds for public benefits are secured.” Counsel and staff agreed to prioritize negotiation and to return with proposed amendment language and a public notice schedule within two weeks.
