Res No 049-12-13606RESOLUTION NO. 49-12-13606
A Resolution of the Mayor and City Commission, relating to a request for a
variance from Section 20- 3.5(E) of the Land Development Code, to allow the
lot size of the building site to be 5,875 square feet, where a minimum lot size
of 6,000 square feet is required; and to allow 50 feet of frontage where 60 feet
is required; on property located at 6477 SW 60th Avenue, South Miami,
Florida, within the RS -4 zoning district, to permit the construction of a new
one - story, LEED (silver) affordable single family residence within the City's
Community Redevelopment Area.
WHEREAS, on November 2011, the Community Redevelopment Agency donated and
conveyed the title of the property to the Miami -Dade Affordable Housing Foundation to construct a new
LEED Silver certified, affordable single family residence; and
WHEREAS, the property is a non - conforming lot of record requiring a variance in order
to construct the new single family residence; and
WHEREAS, application No. PB -12 -002 was submitted to the Planning Board by
applicant Miami -Dade Affordable Housing Foundation; said application requesting approval of a
variance from Section 20- 3.5(E) to permit the construction of a new one - story, LEED (silver)
affordable single family residence within the City's Community Redevelopment Area to allow
the lot size of the building site to be 5,875 square feet, where a minimum lot size of 6,000 square
feet is required; and to allow 50 feet of frontage where 60 feet is required; on property located at
6477 SW 60th Avenue, South Miami, Florida, within the RS -4 zoning district; and
WHEREAS, the approval of a variance requires a recommendation from the Planning
Board and the approval of the City Commission after a public hearing; and
WHEREAS, at its January 10, 2012 meeting the Planning Board, after public hearing,
voted 7 ayes 0 nays to recommend approval of the variances requested; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
accept the recommendation of the Planning Board.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The recitals set forth in this resolution are true, that they are supported by
competent substantial evidence and that they are incorporated into this resolution by reference.
Section 2. That the subject application submitted by applicant Miami -Dade Affordable
Housing Foundation, requesting approval of the variances from Section 20- 3.5(E) to permit the
construction of a new one - story, LEED (silver) affordable single family residence on a vacant lot
with the lot size of the building site to be 5,875 square feet, where a minimum lot size of 6,000
square feet is required; and to allow 50 feet of frontage where 60 feet is required; on property
Pg. 2 of Res. No. 49 -12 -13606
located on property within an "RS -4" Single Residential Zoning use district, specifically located
at 6477 SW 60th Avenue is hereby granted.
Section 3. The approval of the requested variances includes Exhibit A, Site Plan by
Architect Steven Luria AIA, dated 12 -10 -2011, for proposed residence at 6477 SW 60th Avenue
is incorporated herein.
Section 4. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this 21 st, day of FebruasJ012.
A ,EST:
oy
CITY CLERK
READ AND 'PROVED AS TO
LAN , LEOALIT D
,CL IO THERE
CITY AXTORN
APPROVED: a44
MAYOR
lzN1. COMMISSION VOTE:
5 -0
Mayor Stoddard:
Yea
Vice Mayor Liebman:
Yea
Commissioner Newman:
Yea
Commissioner Harris:
Yea
Commissioner Welsh:
Yea
South Miami
AVI- Rl�etiC�4Clly
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER- OFFICE I MEMORANDUM 2001
To: The Honorable Mayor and Members of the City Commission
Via: Hector Mirabile, Ph.D., City Manager /
From: Christopher Brimo, AICP
Planning Director
2
Date: February 1, 20 12 ITEM No.
SUBJECT:
A Resolution of the Mayor and City Commission, relating to a request for a variance
from Section 20- 3,5(E) of the Land Development Code, to allow the lot size 6f the
building site to be 5,875 square feet, where a minimum lot size of 6,000 square feet is
required; and to allow 50 feet o£ frontage where 60 feet is required; on property located at
6477 SW 60th Avenue, South Miami, Florida, within the RS -4 zoning district, to permit
the construction of a new one - story, LEED (silver) affordable single family residence
within the City's Community Redevelopment Area.
SUMMARY OF REQUEST
The applicant, Miami -Dade Affordable Housing Foundation is requesting approval of a
variance for lot size and,lot frontage in order to construct a new affordable single - family
residence on a vacant lot located at 6477 SW 60th Avenue.
BACKGROUND
The subject parcel is a legal non - conforming lot of record that was owned by the City of
South Miami Community Redevelopment Area that was platted prior to the establishment
of the current dimensional requirements for the RS -4 zoning district. On November 2011,
the Cozrununity Redevelopment Agency donated and conveyed the title of the referenced
property to the Miami -Dade Affordable Housing Foundation (Developer) to construct a
new LEED Silver certified, affordable single family residence. The City's Land
Development Code requires any new construction to meet the zoning standards for the
particular district where it is located; in this instance, within the RS -4" Small Lot Single -
Family Residential District. The applicant in a hardship letter claims that the substandard
size of the property prohibits the use of the property.
The Planning Board at their January 31, 2012 regular meeting, following a public
hearing, voted 7 ayes, 0 nays to recommend approval of the variance request to the City
Commission.
APPLICABLE REGULATIONS (See ATTACHMENTS)
0 Land Development Code Section 20- 3.5(E) Dimensional Requirements
Section 20 -35(E)
DIMENSIONAL REQUIREMENTS
SINGLE - FAMILY RESIDENTIAL DISTRICTS - ONE -STORY
Min. Lot Size
RS -4
Net Area (sq. ft.)
6,000
Frontage (ft.)
60
Min. Yard Setbacks (ft.)
Front
25
IZear
25
Side (Interior)a
7.5°
Side (Street)
15
Max. Building Height
Feet
25
Max. Building Coverage (%)
First floor
30
Max. Impervious Coverage (%)
45
STAFF OBSERVATIONS
(a) The applicant is proposing to build a new 2,161 square foot single family residence on
the referenced site. The proposed development meets the other requirements of the
development code and will require an appearance before the Environmental Review and
Preservation Board following review and recommendation by the Planning Board and
review and approval by the City Commission.
(b) The subject site is surrounded by the following properties and zoning districts: RS -4
residential and NR zoning to the north; RS -4 Residential to the south, east and west.
(c) in June 2008 the City Commission amended the Land Development Code to add
specific criteria for judging variance requests. LDC Section 20 -5.9 (H) now requires that
all variance decisions shall be based on an affirmative finding as to each of the following
criterion:
1. The variance is necessary to relieve particular extraordinary conditions relatin to a
specific property,
The requested lot frontage variance is necessary to use the property.
2. Denial of the variance woulcl_result in hardshh) to the owner. Plardship results if the
restriction of the zoning ordinance, when applied to a particular property, becomes
arbitrary, coqnfscatozy or undue oppressive because of conditions of the l�ropei•ty
that ttistin tsh it from other properties under similar zoning restrictions•
A denial of the variance would be an oppressive hardship on the owner by
preventing the property from being used or built upon.
3. The extraordinary conditions and circumstances do not result froth the actions of
the appliea
The property was a non - conforming platted lot of record prior to being
transferred to the current owner.
4. The requested variance is the mininnun variance necessary to make possible the
reasonable use of the land, building or structure:
The granting of the requested variance is the smallest possible and the
only ones necessary to allow for the reasonable use of the property.
5.. 'Teat the approval of the variance will be consistent with the acneral intent and
purpose of the Land Devela..pment Code, and will not be injurious to the
neighborhood or otherwise detrimental to the public welf�e.
The approval of the variance is consistent with the City's objective to
provide affordable housing within the Community Redevelopment Area,
and will allow a vacant property to be used and for the City to receive
property tax and other revenues. In addition the proposed use is the type
of use consistent with the RS -4 zoning district and will be compatible with
the abutting and surrounding properties. These objectives are consistent
with the stated objectives of the adopted comprehensive plan, community
redevelopment plan and land development code. The variance requested
will have no impact on surrounding properties.
RECOMMENDATION
It is recommended that the Commission approve the lot frontage and minimum lot area
variance, with the conditions that the structure is constructed in accordance with the
agreement between the South Miami Community Redevelopment Agency and the
Developer.
Bacicup Documentation:
• Resolution
® Application
• Location Map
• Letter of Hardship /Intent
• LDC Section 20-3.5(E)
• Warranty Deed
• Agreement between the Developer and the SMCRA
• Copy of Public Notices
• Survey
® Site Plan (Exhibit A)
• Specifications
ZAComm I(ems\2012\2 -21 -12 \6477 SW 60 Ave Variance Request \6477 SW 60 AVE CM Report.doex
41,
LA.
n A
Yea
r3 0
Ap. .~:
AN2,
Mll
ul
sm
21
ci
U)A
F I,
KA
fill
al
Ln
0
Oa
!2
0
00
His
9
-6
o
28SE f SUNDAY, FEBRUARY 12, 2012 SE
NEIGHBORS CAL
® CALENDAR, FROM 12SE
Second Ave., Little Haiti.
01835: Play bingo to benefit Arial
305-762 -3883. www.seasons.org.
Children's Hospital near northern
Florida and veterans' organization
a.m. Feb. 15; 10 a.m. Feb, 16; 10 a.m.
CLUBS
particularly homesless veterans.
Feb. 17: Seasons Flospice.& Palliative
7 p,m. Feb. 15, Elks Lodge 1835,
Care of South Florida, 5200 NE
Bingo for Charity at Elks Lodge
12495 NE Second Ave., North Miai
�x
,CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City. Commission- of the City of.South Miami, Floric
will.. conduct Public Hearings at its regular City Commission meeting schedbled fl
jracsdalf. Februay_21, 2i4I2.'beglnning at 7:30 p.m., ir1 the City .Commission Chamber
6130 Sunset Drive, to consider the following items; ^
AResolution authorizing the Cily Manager to execute a multi -year, contract with - Public Safety
Corporation (PSG) for the non- exclusive license to use GryWolf a software application designed
to assist in false alarms with no capital investment required.
A Resolution authorizing the City Manager to enter into an agreement with Paychex, Inc to
provide•payroll services integrated software solution.
A Resolutlon authorizing'the City Iljanager to execute a 3 -year maintenance agreement-with
AM Electronics, Inc. for the total amount not to exceed $14;400.00 to be charged to the Police
Department's Contractual Services Recount, #001- 1910- 521 - 3450.
A Resolution authorizing the City Manager to enter into a five -year Performance Based Audit
Contract with Advafon to perform performance based audits of City departments pursuant to
Section 4 (F) of the City Charter.
A Resolution relating to the review and approval of a unity of Title request by Larkin Hospital,.
pursuant to Sectlon 20 -5,16 of the Land Development Code, to permit the ticensure and
operation of a nurses training facility located at 6340 SW 70-Street, that is incidental and
subordinate to the main hospital operations.
A Resolution of the Mayor and City Commission, relating to a request for a variance from
Section 20- 3.5(E) of the Land Development Code; to allow 54 feet of frontage where 60 feet is
required, an property located at 6487 SW 60th Avenue, South Mlaml, Floridat within the RS-4
zoning district; to permit the construction.of a new one - story, LEED (silver) affordable single
family residence wit4ir, the City's Community RedevelopmentArea.
A Resolution relating to a requestfora variance from Section 20- 3.5(E)of the Land Development
Code, to allow the lot size of the building site to be 5,875 square feet, where a minimum lot
size of 6,o0Q square feet is required; and to allow 60 feat of frontage whefe 60 feet is requlred;
on prop", located at 6477 SW 60th Avenue, South, Miami, Florida, within the RS -4 zoning
district, to-permit the construction of a new one -story, LEED (silver) affordable single farm
residence within the City's Community Redevelopment Area, and providing an effective date..
A Resolution relating to a request for a variance from Section 20- 3.5(E) of the Land
Development Code; to allow 50 feet of frontage where 60feet is required, on property located at
5928 SW 66th ,Street, South Miami, Florida, within the RS -4 zoning district; to permit the
construction of a new one - story, LEED (silver) affordable single family residence within the
City's Community Redevelopment Area.
A Resolution authorizing th'e• City Manager to enter into a three -year agreement with FPL
FiberNet, LLC to provide Internet servide and to replace existing network connections at Parks
and Recreation, Public Works and Pity Hall.
ALL interested parties are invited to attend and will be heard,
For further information, please contact the City Clerk's Office at 305 - 663 -6340:
Maria M. Menendez, CIVIC
City Clerk '
Pursuant to Florida Statutes 286.0105, the City hereby advises die public that if a person decides to appeal any decision ma(
by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will ner
a record of the proceedings,. and that for such purpose, affected person may need to ensure that a verbatim record of tt
proceedings is made which record includes the testimony and evidence upon which the appeal is to be based.
C 3 y of South Miami
Planning & Zanaag Department-
City Hail, 6130 S•mset Drive, South Miami, Flarida.33143
Telephone: (305) 6636326; Fax: (305) 669 -7356
An Pp
leation For Public Hearing Before Punning Board & Oty Commission
Address of Subject Property. ���� � `� �/, ��l '.�` r Lo (s) � Block 1 Subdivision,
Meets & Hounds: V
Applicant ,4 r +' %,1 1. Phone:•° -rte
/�'!F /1'11 ' /��i 4' 4r r+ ❑!i „� r�l, � N ( � • C".,G. r /
Representative: Organization,
Address: Phone:
Property Owner: Signature:
Mailing Address: rii3 /Jf/ -i �`� �^ ' J �` > ,?_ Phone: ? i
Architect/Englneer:; /J�/ Phone:
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
Owner Owner's Representative Contract to purchase . _Option to purchase _Tenant/Lessee
APPLICATION iS HEREBY ]MADE FOR THE FOLLOWING: SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY:
— Text Amendment to LDC � Variance F Letter of intent
— ,Zoning Map Amendment _Special Use \i Justifications for change
—PUD Approval — Special Exception V Statement of hardship
— PUD Major Change —Other (Waiver of Plat) Proof of ownership or letter from owner
Power of attorney
Briefly explain application and cite specific Code sections: 1� , , � �,�1 \k oeratraet- to-parchrase Pev_. (4:;fe r r'°+ r. fter,
rC” .�`e� , jl r?rr�,;f�; {_ ��j,? a,�r,•j r r,,, a, ; ?"�_ ✓, 1 �.' Current survey (1 original sealed and
i;+ rF x, r4, �s �v j '7' p"fw:�7 �1M �M� "r•"• , fir, f a,r .. �`� signed /l reduced copy @ 11 x 1 T")
'mow ti �'ar t �!,Yye- �� ! i/ Ni 15 copies of Site Plan an loor Plans
=ow r r � 5, 9 hj�r iSJ�e� r� rte r —
r
f . /c �"r' i� �r ✓irt'u • It/ (�` � ,L:f � °s r` / 1 reduced copy @ 11" x 17"
iRffidavit- Receipts attesting to mail
n • tires sent
Section: Subsection- Page #: Amended Lute:
Mailing labels (3 sets) and map
Required Fee(s)
The undersigned has read this completed application and represents that the information and all submitted materials are true and
correct to t e best of the applicant's knowledge and beIzei
—QP411— fit'
Ap cam's Signature.andtitle PrintN"arne Date
Upon receipt, apppl,icatioris and all submitted materials will be reviewed for compliance with the Land lieve'lopment Code and other
applicable regulations. Applications found not in compliance will be rejected andretumedto the applicant.
Ui-t-K;= U51z UNLY:
Date Filed Date of Pia Hearing Date of Commission
Petition Required Petition Accepted
Method of Pament
4 /16 /69X1Fo,-ms\P13 Application for Pubiic a taring (Revised 2009).doc
South Miami
All•AMericaClly
I 1,Y
7,001
CITY OF SOLM -I MLA.Mr
To: Honorable Chair & Date: .ianuary 31, 2012
Planning Board tMenmbers
t
From: Christopher Brinto, AICP Re: Variance Request
Planning Director `l' 6477 SW 60th Avenue -.
RS -4 Zoning District
P33- 12.002
Applicant: rvfiand -Dade Affordable Housing Foundation
Location: 6477 SW 60th Avenue,
A Resolution of the Mayor and City Coniauisslon, relating to a request for a variance
from Section 20- 3.5(E) of the Land Development Code, to allow the lot size of the
building site to be 5,875 square feet, where a minimum lot size of 6,000 square feet is
required; and to allow 50 feet of frontage where 60 feet is required; on property
located at 6477 SW 60th Avenue, South Nf aihi, Florida, within the RS -4" zoning
district, to permit the construction of a new one- story, LE ED (silver) affordable
single family residence within the City's Community Redevelopment Area, and
providing an effective date.
SUMMARY OF REQUEST
The applicant, Miami -Dade Affordable Housing Foundation is requesting approval of a variance
for lot size and lot frontage in order to construct a new affordable single -family residence on a
vacant lot located at 6477 SW 66th Street, ptt,
13ACKGROUND
The subject parcel" is a legal non - conforming lot of record that was owned by the City of South
bliarni Conmtunity Redevelopment Area that was platted prior to the establislnnent of the current
dimensional requirements for the RS -4 zoning district. On November 2011, the ComtmuW1y
Redevelopment Agency donated and conveyed the title of the referenced property to the kiiamir
Dade Affordable housing Foundation (Developer) to construct a new LEED Silver certified,
affordable single family residence. The City's Land Development Code requires any new
construction to meet lbe zoning standards for the particular district where it is located; in this
inslauee, within the RS -4" Small Lot Single- Family Residential District, The applicant in a
hardship letter claims that the substandard size of the property prohibits the use of the property.
APPLICABLE REGUI..A'1TONS (See.-1YTACH,YfErYTSI
a Land Development Code Secdon 20- 3,5(E) Dlnie�rslo�tal Re�rrire�xe»�s
STAFF OBSERVATIONS
(a) The applicant is proposing to build a new 2,161 square foot single family residence on the
referenced site. The proposed development meets the other requirements of the development code
and will require an appearance before the Environmental Review and Preservation Board
following review and recommendation by the Planning Board and review and approval by the
City Commission.
(b) The subject site is surrounded by the following properties and zoning districts: RS -4
residential and NR zoning to the north; RS -4 Residential to the south, cast and west.
(c) In June 2008 the City Commission amended the Land Development Code to add specific
criteria for judging variance requests. LDC Section 20 -5.9 (14) now requires that all variance
decisions shall be based on an affirmative finding; as to each of the following criterion;
1. "he variance is necessary to relicye parttcUlr OtFaordinsry COIIdifiOna relating _to a•
specific properly:
The requested lot area /frontage variance is necessmy to rise the properly.
2, DetFiaj of the vnrinnca would resin# in hn ctzp tg thv owner. H3rclslxils resralts if the
restriction of the zoning ordinance, when apoiled to a particular property, becomes
s i coafiscatory or UDdUlV OPPLqLgiv4p b e ccr d ' s f t r prapect�ihai
dislinguislr_it from other pMerties under similar zoning restrictions;
A denial of the varlance would be an oppressive hitrdship on the mvuer by
preventing the properp, fi-am being used or built upon.
I The extraord23rv_conditious attd c potunstapces do not reyit £torn the actious 1
applicant•
The property was a non- conforming platted lot of record prior to being
transferred to floe current owner:
4. The mqu=ted varinacets) 2 the niinirnuni variance izegessal3e to make possible the
reasonable use of the land, building or structure:
The granting of'dis requested vardances is the smallest possible and fire only
ones necessary to allow for- the reasonable rise of the property.
S. 'That the approval of the variance will be agLisi8,tepi with the energy irate t. nd p>vrppossr of
the Lanai Development Cade. rind wilt not b!e injurious to the neighborhood or otherwise
detrimental to the public welfare. .
The approval of the variance is consistent witli the City's objective to provide
affordable hoiisiug within the Conrnrrnrity Retlevelopnsent rhea, and will allow
a vacant property to be rrserl and for the Clty to receive property tax and other
revenrtes; In addition (lie proposed use is the type of use consistent )vltlr fire
RS-4 zoning distrlet and rvi11 be compatible with the abuffi» g and surrorindlug
properties. These objectives are consistent with the stated objectives of floe
adopted comprehensive plan, coaunnnity redevelopment plait and laird
development code. The variance requested mill have iro impact on surrounding
properties,
RECOiV MENI DATiOLN
It is recommended that the Board recommend approval of the lot size/ frontage variance, with the
conditions that the struchlre is constructed in accordance with the agreement behVeen the South
Miami Corp -malty Redevelopment Agency and the Developer.
Section 20 -15(E)
D7i4IENSit3NAG REQUIREitil.ENTS
SINGLE ->t, MMY REM &err L DISTMCTS - ONE -STORY
Min, Lot Size
RS -4
Net Area (sq. ft.)
6,000
Frontage (ft.)
60
Min. Yard Setbacks (ft.)
Front
25
Rear
25
Side (lnterior)a
7.5°
Side'(Weet)
15
Max. Building Height
Feet
25
Max. Building Coverage (!} .First floor
30
Max. Impervious Coverage 1
45
Attachments:
Applicadan
Lacrrdon Pfap
,Leiter of HardshiplIment
LPCSeellon XJ.SeE)
Warranty Peed
rlgreentow Unman the Developer grid Am SMCRA
Copy of Publiv Notices
Survey
Site flan
spealfcalleas
Z.%PBIPB Agendrs Staff Rcporls1201Z :Agenda Staff Repo rtsll- W- 2012TD- 12- 0021PB -12. 002- Varlanees_6477 S1Y 6016
Aw.doc
N
Q)
Q
0
n
n
N
Q
O
r
N
r=1
i
fJU
0.
a Sour,,
�r7 City of South Miami
Planning & Zoning Department
,KCaRra urco City Hall, 6130 Sunset Drive, South Miami, Florida 33143
,� snxr Telephone: (305) 663 -6326; Fax: (305) 663 -7356
L�ntO
Application For Publ -le Hearing Before Planning Board & City Commission
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
owner Owners Representative _Contract to purchase —Opllon to purchase •,_•Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM:
x
PLEASE CHECKALLTHATAPPLY.
1r
_,,,• Text Amendment to LDC
Variance
Letter of Intent
—Zoning Map Amendment
---Spsclal Use
V Justifications for change
_ PUD Approval
Speclal Exception
\1 Statement of hardship
_ PUD Major Change
_Other (Waiver of Plat)
Proof of ownership or letter from owner
Power of attorney
Briefly explain application and cite specific Code sections: �.rY % �.�.
�L Cantraet avarchase peve taper rwihet
Current original sealed an
V &
gip /l1#5 Tti? W' variet1 W {,r rZO -13•
6(lpvl ~ CI
'`o-
(rrr 'i,
signed /1 reduced copy 11 "x 17 ")
�l 15 copies of Site Plan and Floor Plans
r
��trrn�rn {v �dOS • rpf }� is' Ye'cdrtC � iC; '�n` i ` �
I reduced copy@ 11"x 17"
`t Affidavit - Receipts attesting to mall
rrolfcas sent
/cal /�409fIF �� !d ��D.c;�rlyfce% 4r ,>:.l,G'or!iri�y -
J
section: Subsection: Page #:
Amended Dale:
Mailing labels (3 sets) and map
_ Required Fes(s)
The undersigned has read this completed application and represents that the information and all submitted materials are true and
Correct to tile best of the applicant's knowledge and belief.
Ap lican 's Signature and title Pr nt Tisme Date
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other-
applicable reguCations. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE OILY: _
Date Filed Date of PB Hearing Date of Commisslon
Petition Required Petition Accepted
Method of Pa rnent _�__T
4/ W09XAVorms)PB Applintiaa for Fobiio 14cuing (Revised 2009) doe
City of South 1m!am!
PB -12 -002 Wrionce
6477 SW 60 Avenue w
0 100 200 300 a_ 600 900 1,200 qt s
8221 6201 5126 8 8010 +07 6975 5955 5543 5631 21 f1 5Af 91 70 57 5855 5 1
_.
9T-
-Elm 6000
i T�m tl
$
TO O (G f0 D
� �, M ��, r �.
6231 os �/ w r� $ ti w ;b^' WTI
na io <n � � ie
W 62P1D TER �; _� 1°6'� 6259 sv 62ND TER i
e� 6100 a $ 6253• 6257 , 0 6255 ° 58$0 =
3 $ 6115• r 6273 6272 5273 Q ,^
8255 5269 6288 v4Ti v 6260
v 6265
d
O a� a
SW63R0$T o 6301 6WO 6301 � 6305 '�+I � 6280
6253 �gG N 6321 8100 w m 6316 6317- S S 6325 ° u�
6320
ra n 2.
�+ 6357 L' 6335 0320 6330
RD T[
6210 6951 63aa &073 3 n S 0358
HAROEt RO yARDEE DR -- 4 AR HARDEE RD �.31NiDCc>s
°T o 5944 8401 Sa00 6401
0401
F- 64f5 114 i7
�h �
8411 6410 6411
° 6411 8429 0420 6928 8443
8413 6442 6443 5442• 6145 8421^ 6420 6421
$ 6421 �'ty 6124 6100 6457 6450 6450 6461 0431 6430 6.131
8488
6431 8470 84$7 A 0420 tri81 8441 5940 6441
6501 21 11;C 6500 " 8501 6500 8501
6601 N 8500 S50 6511 0510 rra 6511
° 6511 f Ii518 65f0 i 8616
r 6521 '$520 6521
6521 6195 6531 6530 5533�o } 6571
6531 6530 5531
g 598) 6540 C . 669f
6531 d v � � � % w 6873 6540 6643
0601 m S
6800 6660 6001
E
o 6611 6601 6060 5563 6697 6', Y +°1n �+ T��m I I A 111
6621 SW66771 7ER
6631 y E660 nmi
6701 SW 87114 S1
' - -•---- 5961• 6701
6711 6121 �3y
6121 6716 �rsla 5940-
6731
O_
SW SBTH ST SW GaT1! S1
�doo 5601 6800 J 6830 � N � DR, 8811 6025 0820 0
O !
Ff 507
6845 s
FS! � ° FE, 1 D� 5027
�wutl one ye /;�
4�� la I �. •dP /, 8A.
ya µ MIAMI-DADE AFFORDABLE
HOUSING FouNDATION, ING,
LIIMAF -VA09 AMPID10L!
nousom rounDATIOR, IItR
December 7, 2011
Christopher Brimo, AICP
Planning Director
Planning and Zoning Department
6130 Sunset Drive
South Miami, FL 33143
Re: Variance requests for 6477 SW 60'" Avenue (Lot 6, Block 1, Franklin Subdivision, PB 5 -34)
Dear Mr. Brimo:
Miami -Dade Affordable Housing Foundation, Inc. hereby requests two variances from Section 20 -3.5 of
the Land Development Code in order to allow for the construction of a one-story, single - family home on
property located at 6477 SW 60`h Avenue, within the "RS -4" single family residential zoning use district.
The first variance request is to allow a 50' frontage where a 60' frontage Is required. Properties in the
plat which was recorded in 1918 are non - conforming and have 50' frontage.
The second variance request is to allow development on the lot which has 5,875 square feet where
6,000 square feet is required. The property was platted 50' x 120' or 6,000 square feet in 1915, but 2.5'
was taken later from the west side, reducing its total lot size to 5,875,
Development of the property will not happen without the approval of these variances. The property
was donated to the f=oundation by the City of South Miami CRA to build LEED- certified, affordable
housing for low- to moderate- income families. As it is a goal of the City to provide affordable housing,
we ask that this variance be approved.
Thank you for your consideration.
Sincerely,
Apa.Janes
Executive Director
A NOT-FOR-PROFIT 501(c)(3) CORPORATION
7300 NW 13 Street, Suite 502
N11anli, FL :331213
Phone: 305 - 471.9750
Fax: 305 - 471 -9754
Emall: mdahfiQbollsoulh.nat
This instrument was prepared by:
Thomas F. Pepe, General Counsel
City of South Miami Community
Redevelopment Agency.
1450 Madtuga Avenue, Ste 202
Coral Gables, Florida 33146
Properly Appraisers Parcel
Identification (Folio) Number:
WARRANTY DEED
I'! THIS INDE iTi3I ?! '' day of November, 2011 between City. of South
Miami Conununity Redevelopment Agency, a community redevelopment agency of the City of
South Miami, a Florida municipal corporation, whose address is 6130 Sunset Drive, South
Miami, Florida 33143 (hereinafter referred to as Grantor or "Agency ") and Miami Dade
Affordable Housing Foundation, Inc., a Florida non -profit corporation (hereinafter referred to as
Grantee or "Developer").
WITNESSETH, that said Grantor, for and in consideration of the suer of Ten Dollars
($10.00), or other good and valuable consideration in hand paid by said Grantee to Grantor, the
receipt and sufficiency of which is hereby acknowledged, has granted, bargained and sold to said
Grantee, and Grantee's heirs and assigns forever, the following described Iand situated, lying and
being in Miami-Dade County, State of Florida, to wit:
Lot 6, Less the West 2,50 feet thereof, Block 1, FRANKLIN
SUBDIVISION, according to the Plat thereof as recorded in Plat Book 5,
Page 34. of the Public Records of Miami -Dade County, Florida; folio
number 090 - 4025 - 010 -0070 (herein after knoswn as the "the Property ").
THIS CONVEYANCE IS MADE SUBJECT TO conditions, restrictions, limitations,
and easements of record, if any; but any such interests that may have been terminated are not
hereby re- imposed; and subject to applicable zoning ordinances, taxes and assessments for the
year 2011 and subsequent years.
THIS CONVEYANCE IS ALSO MADE SUBJECT TO the following covenants
running with the land, and setting forth the right of reentry, to wit:
I. The Developer shall commence work on the property transferred under this Deed
for the development of a 3 bedroom/2 bath residential single - family home for affordable housing
purposes (hereinafter to be known as "the improvement "). Developer covenants and agrees that
the Property with the Improvement shall be sold to someone who meets the Agency guidelines
and whose household has earnings at or less than 120% of the Average Median Income as
established by United States Department of Housing and Urban Development ( "HUD ") for
Page 1 of 5
Miami -Dade County (as set forth in the attached Exhibit A or as amended by HUD) and as
adjusted for the size of the purchaser's family, for affordable housing purchasers and who shall
hereinafter be referred to as " SMCRA Qualified Purchaser ". At such time, the Developer shall
be responsible for the review and selection of low to moderate income applicant home buyers in
accordance with all applicable Federal, State and County and local law and with Agency final
approval. However, the Developer shall prioritize applicants as follows:
a, Low - income (in accordance with HUD guidelines) SMCRA residents;
b. SMCRA residents whose family income is 120% of HUD guideline, or
loss, for median income families;
C. Low-income (in accordance with HUD guidelines) City of South Miami
residents;
d, City of South Miami residents whose family income is 120% of HUD
guideline, or less, for median income families;
e. City of South Miami Role Models, as defined by the South Miami
Community Redevelopment Agency's Role Model Program, as amended,
which program is incorporated by reference into this Deed and whose
income is equal to or less than 120% of 1-IUD guideline for median income
families;
f. South Miami Community Redevelopment Agency Referrals whose
income is equal to or less than 120% of HUD guideline for median income
families;
g. City of South Miami Residents whose income is equal to or less than
120% of HUD guideline for median income families;
I Miami -Dade County Residents whose income is equal to or less than
120% of HUD guideline for median income families; and
i. General Public whose income is equal to or less than 120% of HUD
guideline for median income families.
The Agency shall have the sole discretion to resolve any conflict in the prioritization of
applicants
2. The Developer shall commence work on the Improvement and complete
construction within twelve (12) months from the date of this deed or one hundred eighty (180) days from
the date of Issuance of a building permit from the applicable authority having jurisdiction, whichever is
the shorter period of time.
3. Promptly after completion of the Improvements in accordance with approved
plans and provisions of this instrument, the Agency, upon receipt of a Certificate of Occupancy
from Miami -Dade County and the completion of all repairs and warrantee work and the
expiration of the warrantee period, shall furnish the Developer with an appropriate instrument
certifying to the satisfactory completion of the improvement. Such certification shall be in a
form recordable in the Office of the Clerk of the Circuit Court of Miami -Dade County, Florida.
4. The Developer agrees for itself, its successors and assigns, to or of the property or
any part thereof, that the Developer and such successors and assigns shall not discriminate upon
the basis of race, color, religion, sex or national origin in the sale or in the use or occupancy of
Page 2 of 5
the property or any Improvements erected or to be erected thereon or on any part thereof; and
this covenant shall be binding to the fullest extent permitted by Jaw and equity, for the benefit
and in favor of, and enforceable by the Agency, its sugcessors and assigns, and any successor in
interest to the property, or any part thereof The Agency shall have the right in the event of any
breach of any such covenants, to exercise all the rights and remedies and to maintain any actions
or suits at law or in equity or other proper proceedings to enforce the curing of such breach of
covenant, to which it or any other beneficiaries, of such covenant may be entitled.
5. The Developer (or successor in interest), shall pay the real estate taxes or
assessments on the property or any part thereof when due, DEVELOPER shall not allow any
levy or attachment to be made, or any lien or any unauthorized encumbrance to be recorded that
is not transferred to a bond within thirty (30) days of the levy, attachment or its recording in the
public record other than for the following:
a. Any mortgage(s) in favor or any institutional lender for the purpose of
financing any hard costs or soft costs relating to the construction of the Improvements in
an amount(s) not to exceed the value of the Improvements as determined by an appraiser;
and
b. Any mortgage(s) in favor of any institutional lender refinancing any
mortgage of the character described in clause (a) hereof, in an amount(s) not to exceed
the value of the Improvements as determined by an appraiser; and
c. The recordation, together with any mortgage purporting to meet the
requirements of clauses (a) or (b) above, of a statement of value by a Member of
American institute of Real Estate Appraisers ( "MAI "), (or member of any similar or
successor organization), stating the value of the Improvements is equal to or greater than
the amount of such mortgage(s), shall constitute conclusive- evidence that such mortgage
meets such requirements, and that the right of any reentry hereunder shall be subject to
and limited by, and shall not defeat, render Invalid, or limil In any way, the lien Qf such
mortgage. For purposes- of this paragraph an "institutional lender" shall mean any bank,
savings and loan association, insurance company, foundation or other charitable entity,
real estate or mortgage investment trust, pension funds, the Federal National Mortgage
Association, agency of the United States Government or other governmental agency,
d, All qualified mortgages as defined above in subparagraphs a., b., and c.
shall be subrogated to the right of the Agency, at its sole and exclusive discretion, to
assume the mortgage without penalty and the mortgage shall not become due or payable
solely by reason of the transfer of the Property to the Agency in accordance with the
terms and conditions of this deed. All mortgages issued by the DEVELOPER as mortgagor
shall provide that the AGENCY shall be given notice of any event of default under the terms of
the mortgage or mortgage note within 20 days of such event. In addition, the mortgage shall
provide that any re- conveyance of the title to the AGENCY shall not trigger disadvantage to the
AGENCY,
e. Liens that are timely transferred to a bond within 30 days from the date that the
lien is recorded.
6. Developer shall not change the ownership or distribution of the stock of the
Developer or change the parties in control of the Developer or the degree thereof while the
property is titled in its name without the prior written consent of the Agency, in its sole
discretion.
Page 3 of 5
7. The Developer shall not transfer the property or any part thereof prior to the
completion of the improvements; consisting of an affordable single - family home, and issuance of
a Certificate of Completion and/or Occupancy for the homes by the applicable authority having
such jurisdiction. In addition, the deed from the Developer to a SNICRA Qualified Purchaser
shall contain a deed restriction requiring that the property is being purchased by a SMCRA
Qualified Purchaser, and any sale of the property over the next 15 years shall require sale to a
subsequent purchaser who also qualifies as a SMCRA Qualified Purchaser in accordance with
the guidelines set forth above in paragraph 1, but using the most current HLrD affordable housing
income guidelines.
8. In the event the Developer shall violate or otherwise MI to comply with any of
the covenants set- forth herein, the Developer shall correct or cure the default/violation within
thirty (30) days of receipt of notification of the default sent to it by the Agency. Notification
may be sent by United States mail to 7300 NW 1.9'h Street, #502, Miami F133126, e-mail to
anne.manning @eartlilink.net, or facsimile transmission to 305 -471 - 9750 or courier. If
Developer fails to remedy tho default within thirty (30) days of receipt of the notification, the
Agency shall have the right to reenter and take possession of the property and to terminate (and r
re -vest title in the Agency) the estate conveyed by this Deed to the Developer, provided, that any
such right to reentry shall always be subjected to and limited by, and shall not defeat, render
invalid, or limit in any way the lieu of any valid mortgage or Deed or Trust permitted by this
Deed. In the event the Developer fails to construct a residence and obtain the required.
Certificate of Occupancy or Certificate of Completion within the time required by this deed, the
Grantor shall have the right, but not the obligation, to cause Developer to re- convey the Property
to the Grantor, subject to any encumbrances against the Property filed by a third -party that has
provided financing in connection with the development of the Property, for an amount equal to
the tax assessed value of the property. The deed re- conveying the Property shall only include the
same title exceptions contained in the title policy issued to the Developer upon the initial
conveyance of the Property to the Developer. In case of the failure of Developer to perform any
of the covenants in this deed, at the option of the Grantor, this Agreement shall be forfeited and
terminated, and Developer shall forfeit any and all claims to the Property and title to the property
shall automatically revert back to AGENCY. In the event of the reversion of the title, Developer
shall have no right or claim for reimbursement for any expenditure incurred for the
improvements made to the Property. All improvements made on the property shall be retained
by the Grantor in full satisfaction and liquidation of all damages sustained by the Grantor, and
the Grantor shall have the right to reenter mid take possession of the premises and seek such self
help remedies as shall place the Grantor in exclusive possession of the premises. If, at the option
of AGENCY, the AGENCY request that the Developer re- convey the Property and if, for any
reason, the Developer fails, neglects or refuses to re- convey the Property, the Grantor may seek
specific performance to obtain the re- conveyance of the Property without waiving its right to
automatic reversion of title of the property to AGENCY by way of the reverter provision set
forth hereinabove. All of the provision and covenants contained in this deed shall survive the
closing and transfer of title to Developer.
Page 4 of 5
9. Upon transfer by warranty deed to the Developer, Developer agrees that any sale
of the property shall be to an affordable housing purchaser as defined in paragraph 1 above and
the purchasers shall be .obligated to comply with the Agency deed restriction requiring the
property to be purchased by a qualified affordable housing purchaser as previously defined, and
any sale of the property over the next 15 years shall require sale to a subsequent qualified
affordable housing purchaser as previously defined in paragraph 7 above,
Grantor does hereby fully warrant the title to said land, and will defend the same against
the lawful claims of all persons whomsoever.
* "Grantor" and "Grantee" are used for singular or plural, as context requires.
IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year
first ahour tten.
Grantor
City of South Miami
Witness Community Redevelopment Agency
Printed: U ,n /1,
,n
By: _ `'I ft�l SEAL
Pmlip K Stoddard, as Chairperson —
Wi(ness f
printed: r` '
STATE OF FLORIDA }
) SS
COUNTY OF MIAMI DADE )
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgments, personally appeared, Philip K Stoddard, the person described in and who
executed the foregoing Warranty Deed between City of South Miami Comnrturity
Redevelopment Agency and Miami -Dade Affordable Housing Foundation, Inc., acknowledged
bef M me that he executed the salve, and who presented as identification the following:
and he did take an oath (or affinned ).
WITNESS my hand and official seal in the County and • thtc last aforesaid this day
of November, 2011,
Notary Pu - li l
Printed: _ s 't= L, -n
"Ay.cRNe. NK NGA A. PAYNE
MY COMMISSION $ EEJ33302
EXPIRES octobe( 06, 200
(A4► 949563 13WGn
Page 5 of 5
EXHIBIT A
United States HUD
(hereinafter referred to as "HUD ")
Af'f'ordable Housing Guideline
INCOME AND MORTGAGE MMUS
Example of a SMCRA Affordable Rousing Purchaser, based
on the guideline set Forth above, with a family of two (2) (as
defined by HUD) would include someone who meets the
requirements of the SMCRA for an affordable housing
purchase and whose income is below $66,240.00
Moan
FAMILY SIZE
303%
50%
80%
100.0
120°1%
140%
< E. L0W
c. V. LOW
<,LOWIMOD >
1
$14,500
52A 1.',0
$36 850
$48300
531,900
$67,620
2
518 NO
527,600
S55,200
566.240
$77,280
3
$18 850
S31,050
S48 700
$62100
$74,520
586,840
4
$20,700
S34600
$W12%
SO=
S82.840
I 598,600___
5
$22.400
537,300
01650
-S74,6W
$89.520
$104,440
6
$24,050
$40050
$64.050
$00.100
$96,124
$112,140
7
$25.7W
$42.800
5881450
585.600
$102.720
5119,840
8
521,350
ub,050
1i 900
591,100
$100.320
$127,840
Example of a SMCRA Affordable Rousing Purchaser, based
on the guideline set Forth above, with a family of two (2) (as
defined by HUD) would include someone who meets the
requirements of the SMCRA for an affordable housing
purchase and whose income is below $66,240.00
AGREEMENT BETWEEN DEVELOPER AND
THE CM OF SOMI MIALMI
COMMUNITY REPEVELOPMENT AGENCY
THIS AGREEMENT is made this IL day of November, 2011, between the
South Miami Community Redevelopment Agency ( "AGENCY ") and Miami -Dade
.Affordable Housing Foundation, Inc. ( "DEVELOPER ").
iEREAS, the AGENCY and the DEVELOPER desire for the
DEVELOPER; to obtain all construction financing; to design dnd build the homes to
the satisfaction of the AGENCY and to meet or exceed LEED Silver certification
standards ; to prepare all of the construction documents, including but not limited to
the plans, working drawings and specifications; to obtain all necessary permits for
the construction of a single family home on each of the properties identified in
Exhibit C; to market the homes; to provide HUD/ SMCRA Re- Development Plan
approved homebuyers ( "SMCRA qualified buyers ") with counseling and to assist
potential buyers in qualifying for subsidies and financing from lending institutions
for permanent financing and to do all things necessary to complete construction of
all of the homes in question and to sell the homes to SMCRA qualified buyers; and
WHEREAS, AGENCY qualified potential buyers will be selected in
accordance with applicable Federal, State, County and local laws and guidelines;
and
WHEREAS, the AGENCY is the current owner of the property listed 'on
Exhibit C, having acquired the properties for the purpose of providing affordable
housing and to eliminate the blight within the AGENCY boundaries; and
WHEREAS, AGENCY has elected to enter into this Agreement with the
DEVELOPER to provide affordable housing to AGENCY residents; and
WHEREAS, the DEVELOPER proposes to construct homes on the Property
consisting of single family residential home together with all appurtenances,
fixtures, and improvements ( "Improvements ") as set forth in the Development Plan
that is attached to this Agreement as Mthibit D -1, D -2 and D -3 as may be amended;
and
WHEREAS, the DEVELOPER has agreed to construct the affordable home
with the designated sales price for each home not to exceed Two Hundred Five
Thousand Dollars ($205,000.00) or cost plus five percent (5 %), whichever is the
lesser amount; and
Page 1 of 14
Agency
DEVELOPER
WHEREAS, the DEVELOPER agrees to perform the covenants set forth in
the Warranty Deed, the form of which is attached hereto as Exhibit A. The
DEVELOPER and any affordable housing purchaser shall be obligated to comply
with an AGENCY deed restriction requiring that the property shall be purchased by
someone whose household has earning at or less than 120% of the Average Median
Income as established by United States Department of Housing and Urban
Development ( "HUD ") for Miami -bade County (as set forth in Exhibit F or as
amended by HUD) and as adjusted for the size of the purchaser's family, for
affordable housing purchasers and who shall hereinafter be referred to as " SMCRA
Qualified Purchaser ". In addition, the DEVELOPER agrees that any sale or resale
of the property over the next 15 years shall require sale to a subsequent SMCRA
Qualified Purchaser whose household has earning at or less than 120% of the
Average Median Income as established by HUD for Miami -Dade County based on
the then existing HUD income guideline, or, if none exists at that tirna, then as set
forth in Exhibit F, and who shall hereinafter be referred to as a "Subsequent
SMCRA Qualified Purchaser ". However, should the home be owned by Subsequent
SMCRA. Qualified Purchaser for 15 consecutive years, the qualified affordable
housing purchaser shall automatically be released from this restriction.
NOW, THE' BEFORE, in consideration of the covenants, mutual promises
and in consideration of $10.00 or other good and valuable consideration which are to
be paid or delivered to the AGENCY, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
Section 1. Recitals - Whereas Clauses. The parties acknowledge and agree
that the recitals contained within the "whereas clauses ", asset forth above, are true
and correct and that they are hereby incorporated by reference into this Agreement.
The following list of documents shall comprise the Agreement between the parties
and shall constitute, collectively, the "Contract Documents ":
This Agreement;
Warranty Deed in the form as found in Exhibit A;
Performance and Payment Bond in the for form as found in Exhibit B;
Legal description of the parcel found in Exhibit C;
Project drawings, plans, specifications and schematics described in
Exhibit D -1, D -2 and D,3 as may be amended in conformity to this
Agreement;
Insurance requirements found in Exhibit E;
United States HUD (hereinafter referred to as "HUD ") Affordable
Income Guidelines as found in Exhibit F.
Page 2 of 14
0 Agency
DEVELOPER
Section 2. Title and Re- coriye ance. The AGENCY agrees to provide the
DEVELOPER with title to specific land identified in the attached Exhibit C,
provided DEVELOPER constructs and provides a single family home for a qualified
affordable housing recipient for each of *the properties listed in Exhibit C. The
Agency agrees that the lots shall be vacant of all structures at the time of conveyance
to the DEVELOPER. The AGENCY shall transfer title of the lots to the
DEVELOPER by warranty deed in the form as found in Exhibit A. In the event that
there is a defect or cloud (hereinafter referred, to as a defect) on the Agency's title to
any of the properties, the Agency shall have 90 days (hereinafter referred to as the
"Cure Period ") to cure the defect. In such event, the Developer's time for
developing the property in question shall be extended by the number of days
between the date of this agreement and the date that the DEVEEOPER is notified
that the defect has been cured. If the Agency fails to cure the defect within the Cure
Period, then this Agreement shall thereby automatically be amended to delete the
property with the defective title from the list of properties found on Exhibit C. Upon
the failure of DEVELOPER to build a fully completed home, for which a Certificate
of Occupancy has been issued, on each lot within the scheduled time, as set forth in
this Agreement, or as amended by the AGENCY in writing, the AGENCY shall
have the right to cause DEVELOPER to re - convey the lot in question with and
including any improvements thereon, and the warranty deed shall provide for such
c ion.pon such re.conveyance, whether voluntarily or involuntarily, the re-
conveyance shall constitute the DEVELOPER's agreement to a change of contractor
and assignment of any and all perinits, that the DEVELOPER has obtained, to a
successor contractor chosen by the Agency for the completion of the project, and to
hold harmless Miami -Dade County and the City of South Miami for any damage
suffered by the DEVELOPER as a result thereof.
Section 3, Project Scope. The DEVELOPER shall provide construction
services to accomplish the completion of construction and improvements of the
residential homes to be located on the Properties in accordance with the approved
building plans and in accordance with the floor plan, front elevations and
specifications set forth in Exhibit D -1', D -2 and D -3, or as maybe amended,
including a finished grade and landscaping comprised of topsoil and grass covering
exposed ground and at least two (2) trees the type and placement of which are to be
decided by the Agency. The plans and specifications, including landscaping plans,
must be approved by the AGENCY, the City of South Miami's Planning and Zoning
Department and'its .Building Department, as well as by the Miami -Dade County
Building and Zoning Departments before construction can commence. The
D)VELOPER shall not be required to construct a home on the smallest of the six
proposed lots and said lot shall not be conveyed to the DEVELOPER unless the
AGENCY pays for the cost of redesigning the home for this lot, from a three (3)
Page 3 of 14
XAgency
DEVELOPER
bedroom, two (2) bath to a two (2) bedroom, one and one half (1 -11'2) bath. The
Improvements shall be constructed in accordance with plans and specifications
(attached as Exhibit D -1, D -2 and D -3), and as may be amended. The Development
Plan, as well as the plans and specifications, must be approved in writing by the
AGENCY before the warranty deeds are executed and recorded. In the event that
the Development Plan, or any. of the building plans and specifications, is not-
approved by the AGENCY in its sole and absolute discretion, then the AGENCY, at
its option, may terminate this Contract without incurring any liability to the
DEVELOPER.
Section 4. Sale of Homes. The AGENCY shall convey the parcels identified
in Exhibit C. provided DEVELOPER covenants to immediately sell the home, upon
completion of construction, to a SMCRA Qualified Purchaser,
Section S. Term. The construction of the residential home on each lot shall
be completed within twelve (12) months from the date of this Agreement or within
twelve (12) months of the date of the delivery of the deed for the lot in question,
whichever is the greater amount of time, or one hundred eighty (180) days from the
date of issuance of a building permit for said lot from the applicable authority having
jurisdiction, whichever (either the twelve (12) months or the one .hundred eighty_;
the shorter period of time. C1pon the expiration of this schedule, any
land conveyed to DEVELOPER for which the DEVELOPER has not constructed a
single - family home in compliance with this Agreement shall be returned and re..
conveyed to the AGENCY so as to be made available for another AGENCY
affordable housing project. DEVELOPER. agrees to use its best efforts to complete
the Project within the schedule. In the event the Project is not completed within this
time frame, and the schedule is not extended by the AGENCY, this Agreement shall
terminate without any liability to the AGENCY. In such event, the DEVELOPER
shall re- convey all of the property upon which a fully completed home that has been
issued a Certificate of Occupancy does not exist. Additionally, the AGENCY may
seek enforcement of the Performance Bond, which is attached as Exhibit B.
Section 6. Compliance. with Building Codes. The Project shall be performed
in accordance with the applicable codes, ordinances and statutes of the State of
Florida, the City of South Miami and Miami -Dade County.
...... Section''7, -° Afflcti'dm'dnts. Arty "ainendE6its; alterations, or variations to tkiis
Agreement will only be valid when they have been reduced to writing and duly
signed by the parties.
Page 4 of 14 l„
�J(� Agency
6, DEVELOPER
Section 8. Limitation of.Liabilitv, The AGENCY desires to enter into this
Agreement only if in so doing the AGENCY can place a limit orl the AGENCY's
liability for any cause of action arising out of this Agreement, so that its liability
never exceeds its maximum potential monetary contribution of the current tax
assessor's valuation of the property. The DEVELOPER expresses its willingness to
enter into this Agreement with recovery from the AGENCY for any action arising
out of this Agreement to be limited to the value of the property provided by the
AGENCY, and /or the return of the property in substantially the same condition as
provided to DEVELOPER. Accordingly, the DEVELOPER agrees that the
AGENCY shall not be liable for any claim or damage in connection with the Project
in excess of the AGENCY's maximum potential monetary contribution as provided
under this Agreement, for any action or claim arising out of this Agreement.
Nothing contained in this paragraph or elsewhere in this Agreement is in any way
intended to be a waiver of the limitation placed on the Agency's liability as set forth
in Chapter 768, Florida Statutes, Additionally, the Agency does not waive sovereign
immunity, and no claim or award against the City shall include attorney's fees,
investigative costs or pre judgment interest.
Section 9. Continued Compliance, After any payment, if any, is made by
the Agency and applied according to the requirements set forth in this Agreement,
the Agency shall be automaitcaly discharged from any an�all'obligatiions, ial�ilities
and commitments to DEVELOPER or any third person or entity provided, however,
that this Section shall not excuse the continued compliance by DEVELOPER with
the terms of this Agreement and the program requirements.
Section 10. Ri<—rht to Reenter and Take Possession of the Property. The
AGENCY has the right, at its election to take possession of the Property with all
improvements thereon and terminate the Agreement if the DEVELOPER:
(i) . Fails to start construction within thirty (30) day following the
issuance of'construction permits.
(ii) Abandons or substantially suspends construction for a period of
more than 30 days. A delay caused by force majeure or by a subcontractor or
supplier shall not be included in the calculation of the 30 day period, provided
the delay of the subcontractor or supplier is not due, in anyway, to the fault or
(iii) Fails to cure a violation of the Agreement within 30 days after
receipt of notice to cure or notice of default sent to it by the AGENCY.
Page 5 of 14
PIW Agency
DEVELOPER
(iv) Fails to apply for building permits for each lot conveyed, from all
applicable agencies, within 30 days after the effective date of this Agreement
or within 30 days of the date of the delivery of the deed for said lot, whichever
is the greater amount of time.
(v) Fails to complete construction of each lot within twelve (12)
.months of this Agreement or within twelve-' 12) months of the date of the
delivery of the deed for said lot, whichever is the greater amount of time or
one hundred eighty (180) days after receipt of the construction permits for the
applicable lot.
Section 11. Risk of Loss, Risk of loss by fire or other casualty shall be the
DEVELOPER's and the DEVELOPER agrees to maintain adequate insurance for a
sum not Less than the full replacement value of the homes to be constructed. The
DEVELOPER shall not commence work under this Agreement until it has obtained
and submitted proof of all insurance required by the AGENCY, including the
insurance requirements set forth in E:xbibit E.
Section 12. Independent Contractor. The DEVELOPER, its employees and
agents shall be deemed independent contractors and not agents or employees of
AGENCY, and shall not attain any rights or benetis generally afforded AGENCY
employees.
Section_l.3_. Re -cone a�nce Covenant. The AGENCY may terminate this
Agreement and seek re- conveyance of the Property to such extent as may be
necessary to protect itself from loss on account of matters including but not limited
to the following:
(i) Claims of lien against the Property or the DEVELOPER
regarding the Project provided such liens are not bonded off as allowed by law
within thirty (30) days of its recording.
(ii) Failure of the DEVELOPER to make timely payment(s) to.
subcontractors or suppliers for materials or labor regarding the Project unless
the DEVELOPER has reasonable grounds to withhold payment.
(iii)" Reasonable e iderice that arty portion of the Project cannot be
completed for the unpaid balance of the construction loan.
(iv) Failure to carry out any portion of the Project in accordance with
the Contract Documents.
Page b of 14
Agency
DEVELOPER
(v) Failure by DEVELOPER to start construction within six (6)
months from the date of this Agreement or to complete the homes within one
hundred eighty (180) days from the date of issuance of a building permit from
the applicable authority having jurisdiction, whichever is the shorter period of
time.
Section 14. Venue, Law and Attorney's fees. 1'n the event of a termination
by the AGENCY, the AGENCY shall additionally be entitled to bring any and all
legal and/or equitable actions in Miami -Dade County, Florida, in order to enforce
the AGENCY's right and remedies against the DEVELOPER. The AGENCY shall
be entitled to recover all costs of such actions including a reasonable attorney's fee,
at trial and appellate levels, to the extent allowed by law. In the event any suit or
legal proceeding is brought for the enforcement of any provision of this Agreement,
the parties agree that the prevailing party or parties shall be entitled to recover from
the other party or parties after entry of final judgment, pre judgment and post -
judgment attorneys' fees, including attorneys' fees for any appeal, and costs incurred
in bringing the suit or proceeding. Any action arising out of this Agreement shall be
brought in Miami -Dade County, Florida, and shall be subject to Florida law.
Section 15. Best Efforts on Construction Timetable. DEVELOPER agrees
to use its best efforts to complete the construction on each of the lots being conveyed
within twelve (12) months from the date of this Agreement or within twelve (12)
months of the date of the delivery of the deed for the lot in question, whichever is
the greater amount of time, or one hundred eighty (180) days from the date of
issuance of building permit for said lot from the applicable authority having
jurisdiction, whichever (either the twelve (12) months or the one hundred eighty
(180) days) is the shorter period of time. In the event the Project is not completed
within this time frame, and this construction schedule is not extended in writing by
AGENCY, this Agreement shall terminate and title and possession of the property
shall be returned, by DEVELOPER, to AGENCY.
Section 16. Representations and Covenants. DEVELOPER hereby represents
and warrants to the AGENCY the following:
(i) DEVELOPER is a corporation duly organized, validly existing and
in good standing under the laws of the State of Florida. There are no proceedings or
actions pending, threatened or contemplated against the DEVELOPER including but
not limited to any action for the liquidation, termination or dissolution of
DEVELOPER.
Page 7 of 14
J" Agency
DEVELOPER
(ii) DEVELOPER shall apply £or construction permits within 30 days
from the effective date of this Agreement or within 30 days of the date of the
delivery of the deed for said Iot, whichever is the greater amount of time.
(iii) DEVELOPER covenants and agrees that it shall cause the Property
to be developed in accordance with the building plans that are to comply with the
City's Code and are to be approved by the South Miami Planning and Zoning
Department, its Building Department and the Miami -Dade County Building and
Zoning Department and any other agency having jurisdiction over the approval of
building plans and the development of property.
(iv) DEVELOPER shall complete construction of the home on each of
the lots within twelve (12) months from the date of this Agreement or within twelve
(12) months of the date of the delivery of the deed for the lot in question, whichever
is the greater amount of three, or one hundred eighty (180) days from the date of
issuance of a building permit for said lot from the applicable authority having
jurisdiction, whichever (either the twelve (12) months or the one hundred eighty
(180) days) is the shorter period of time.
(v) DEVELOPER covernants'and agrees that the Property shall be sold
to SMCRA Qualified Purchaser.
(vi) Upon transfer of the warranty deed to DEVELOPER,
DEVELOPER agrees that any sale of the property by DEVELOPER shall be to a
qualified affordable housing purchaser, and the purchasers shall be obligated to
comply with the AGENCY's deed restriction requiring the property to be purchased
by a SMCRA Qualified Purchaser, and that over the following fifteen (15) years,
any re -sale of the property shall require sale to a Subsequent SMI CRA Qualified
Purchaser. This provision shall survive termination of the Agreement.
(vii). Warran : The Developer shall repair or replace all work
performed and materials and equipment furnished that were not performed in a
workmanlike fashion or not furnished in accordance with the teams of the Contract
and Contract Documents, and shall make good all patent defects thereof that have
become apparent before the expiration of one (1) year from the date of the issuance
of the Certificate of Occupancy. Nothing contained in this Agreement shall limit the
Agency from enforcing the warranty for latent defects discovered more than one (1)
year following the issuance of the Certificate of Occupancy. If any page of the
project, in the judgment of the AGENCY, for the reasons above stated needs to be
replaced, repaired or made good during that.time, the AGENCY shall so notify the
Developer in writing. if the Developer refuses or neglects to commence such work
Page 8 of 14
Agency
DEVELOPER
within five (S) days from the date of receipt of such Notice or once timely
commenced, fails to continue to diligently perform the repair work, the AGENCY
shall have the work done by others and the cost thereof shall be paid by the
DEVELOPER or its Surety,
Section 17, Termination without Cause. The AGENCY is conveying the
Property to DEVELOPER as part of the AGENCY's program to produce residential
property within the City of South Miami Community Redevelopment Agency
boundaries. As part of the consideration for transfer of the Property, DEVELOPER
has agreed to build an affordable house, as previously defined, on each of the lots
being conveyed and to obtain a certificate of occupancy within twelve (12) months
from the date of this Agreement or within twelve (12) months of the date of the
delivery of the deed for the lot in question, whichever is the greater amount of time,
or one hundred eighty (180) days from the date of issuance of a building permit for
said lot from the applicable authority having jurisdiction, whichever (either the.
twelve (I2).months or the one hundred eighty (180) days) is the shorter period of
time. The DEVELOPER may be granted one extension of time, for no more than
four (4) month, to complete construction upon delivery of a written request to the
AGENCY Director before the time for completion has expired. The request will not
be unreasonably denied by the AGENCY. In the event the DEVELOPER fails to
construct a residence and obtain the required Certificate of Occupancy within the
time required by this Agreement, the AGENCY shall have the right, but not the
obligation, to cause DEVELOPER to re- convey the Property to the AGENCY,
subject to any encumbrances against the Property filed by a third -party that has
provided financing in connection with the development of the Property. The
DEVELOPER shall re- convey the property and provide the AGENCY with a
marketable title to the Property. The marketable title shall not contain any
exceptions other than those exceptions contained in the title policy issued to the
DEVELOPER at the time of initial conveyance of the Property. In case of the
failure of DEVELOPER to perform any of the covenants in this Agreement, at the
option of the AGENCY, this Agreement shall be forfeited and terminated, and
DEVELOPER shall forfeit any and all claims to the Property and the title to the
property shall revert back to. the AGENCY. DEVELOPER shall have no right or
claim for reimbursement for any expenditure incurred for the improvements made to
the Property. All improvements made under this Agreement shall be retained by the
AGENCY in full satisfaction and liquidation of all damages sustained by the
AGENCY, and the AGENCY shall have the right to reenter and rake possession of
the premises and seek such self-help remedies as shall place the AGENCY in
exclusive possession of the premises to enforce the reverter clause provided for in
this Agreement and warranty deed. If for any reason DEVELOPER fails, neglects
or refuses to re- convey the Property, the AGENCY may seek specific performance
Page 9 of 14
Agency
DEVELOPER
to obtain the re- conveyance of the Property without waiving its right to immediate
and automatic reversion of the title to the AGENCY. This provision shall survive
the closing and transfer of title*to DEVELOPER.
Section 1S. Force Maieure, Neither party shall hold the other responsible for
damages or for delays in performance caused by force majeure, acts of God, or'other
acts or circumstances beyond the control of a party or that could not have been
reasonably foreseen, prevented or avoided. For this purpose, such acts or
circumstances shall include, but not be limited to, weather conditions affecting
performance, floods, epidemics, war; riots, strikes, lockouts, or other industrial
disturbances, or protest demonstrations. Should such acts or circumstances occur,
the parties shall use their best efforts to overcome the difficulties and to resume the
work as soon as reasonably possible.
- Section 19. Independent Contractor. DEVELOPER, its employees and
agents shall be deemed independent contractor's and not agents or employees of
AGENCY, and shall not attain any rights or benefits generally afforded AGENCY
employees.
Section 20. Notices, All notices, demands, correspondence and
communications between the AGENCY and DEVELOPER shall be deemed
sufficiently given under the terms of this Agreement if sent by facsimile
transmission, e -mail, or dispatched by registered or certified mail, postage prepaid,
return receipt requested, and addressed as follows:
If to the AGENCY: Director, Stephen David
South Miami Community Redevelopment Agency
6130 Sunset Drive
Miami, Florida 33143
Fax: 305 - 668 -7356
E -mail: SDavid @soutluniamifl.gov
If to DEVELOPER: Anne E. Planning
7300 NW 19`x' Street, #502
1�4iami Fl 33126
Fax: 305 -471 - 9750
E -mail: anne,manning@earthlink.net
earthlinlc.net
Section 21. Purchasers, It is agreed that all qualified buyers shall be require
sign a mortgage and note satisfactory to AGENCY and enforceable by the
AGENCY, which shall require that the re -sale of the property with the constructed
Page 10 of 14
W Agency
DEVELOPER
home listed on Exhibit C is restricted and all -deeds* to the qualified buyer shall
contain the restrictive covenants concerning re -sale provided in the DEVELOPER's
deed and in accordance with the restriction provided in this Agreement for said
deeds. The deed shall provide that any new purchaser shall satisfy the standards for
ownership or occupancy adopted by the AGENCY, which shall erasure that
subsequent purchasers meet the requirements of a "Subsequent SIMCR.A Qualified
Purchaser ", as previously defined.
Section 22. Records and Costs. The DEVELOPER agrees to maintain books,
records, documents and other evidence pertaining to all costs and expenses incurred
and revenues acquired under this Agreement to the extent and in such detail as
required by the AGENCY. The books and accounts, files and other records of the
DEVELOPER, which are applicable to this Agreement, shall be available for
inspection, review and audit by the AGENCY and its representatives, at all
reasonable time, to determine the proper application and use of all funds paid by, to
or for the account or the benefit of the DEVELOPER. The cost of construction, for
the purpose of determining the sales price shall not exceed the following percentage
of the total costs to build the homes: all preconstruction costs shall not exceed three
percent (3 %); all costs generally associated with general conditions shall not exceed
five percent (5 %); all contingency costs shall not exceed three percent (3 %); and all
other costs, including trades, subcontractors, bond and insurance costs shall not
exceed eighty nine percent (89 %) of the total cost of construction.
Section 23. Indemnification. DEVELOPER shall indemnify, defend, save
and hold harmless the AGENCY, its officers, agents and employees, from or on
account of all claims, damages, losses, liabilities and expenses, direct, indirect or
consequential including, but not limited to, fees and charges of purchasers,
engineers, architects, attorneys; consultants and other professionals and court costs
arising out of or in consequence of the performance of this Agreement at all trial and
appellate levels. Indemnification shall specifically include, but not limited to,
claims, damages, losses,, liabilities and expenses arising out of or from: (a) the
negligent or defective design of the Project and work of the DEVELOPER; (b) any
negligent act or omission of the DEVELOPER, its subcontractors, agents servants or
employees; (c) any damages, liabilities, or losses .received or sustained by any
person or persons during or on account of any negligent operations by
DEVELOPER connected with the construction of this Project; (d)'the use of any
improper materials; (e) any construction defect including both patent and latent
defects; (f) failure to timely complete the work; (g) the violation of any federal,
state, or county or city laws, ordinances or regulations by DEVELOPER, its
..__ subcontractors ,_agents,_servants,...independent contractors- or - employees; (h) the
breach or alleged breach by DEVELOPER of any terra of this Agreement.
Page llofl4
Agency
DEVELOPER
Section 24. Assignment. Neither party shall assign its interest in this
Agreement without express written consent of the other party. Any violation of this
provision shall constitute a default of the DEVELOPER's obligations under the
terms of the Agreement.
Section 25. Taxes, Mortgage and Obligations. The DEVELOPER (or
successor in interest), shall pay the real estate taxes or assessments on the property
or any part thereof when due. DEVELOPER shall not suffer any levy or attachment
to be made, or any lien, or any unauthorized encumbrance that is not transferred to a
bond within thirty (30) days of the recording with the exception of the following:
(i) Any mortgage(s) in favor or any institutional lender for the purpose
of financing any hard costs or soft costs relating to the construction of the
Improvements in an amounts) not to exceed the value of the Improvements as
determined by an appraiser; and
(ii) Any mortgages) in favor of any institutional lender refinancing
any mortgage of the character described in clause (a) hereof, in an amount(s)
not to exceed the value of the Improvements as determined by an appraiser;
and
(iii) The recordation, together with any mortgage purporting to meet
the requirements of clauses (a) or (b) above, of a statement of value by a
Member of American Institute of Real Estate Appraisers ( "MAI "); (or
member of any similar or successor organization), stating the value of the
Improvements is equal to or greater than'the amount of such mortgage(s),
shall constitute conclusive evidence that such mortgage meets such
requirements, and that the right of any reentry hereunder shall be subject to
and limited by, and shall not defeat, render invalid,, or limit in any way, the
lien of such mortgage. For purposes of this paragraph an "institutional
lender" shall mean any bank, savings and loan association, insurance
company, foundation or other charitable entity, real estate or mortgage
investment trust, pension funds, the Federal National Mortgage Association,
agency of the United States Government or other governmental agency.
(iv) All qualified mortgages as defined above in subparagraphs (i), (ii),
and (iii) shall be subrogated to the right of the Agency, at its sole, absolute
and exclusive discretion, to assume the mortgage without penalty and the
mot_tggge shall not beeoixae.. due_ or_. payabl .e..solely.. by-reason .of.the transfer_o.f—.....--
the property to the Agency in accordance with the terms and conditions of this
Page 12 of 14
A( Agency
DEVELOPER
deed, All mortgages issued by the DEVELOPER as mortgagor shall provide
that the AGENCY shall be given notice of any event of default under the
terms of the mortgage or mortgage note within 20 days of such event. In
addition, the mortgage shall provide that any re- conveyance of the title to the
AGENCY shall not trigger any disadvantage to the AGENCY.
Section 25, Severabilit , If any provision or provisions of this Agreement
shall to any extent be invalid-or unenforceable, the remainder of this Agreement
shall not be affected thereby and the remaining provisions shall be valid and
enforceable to the fullest extent.
Section 27, Miscellaneous Provision. In the event a court must interpret any
word or provision of this Agreement, the word or provision shall not be construed
against either party by reason of their involvement in the drafting or negotiating of
this Agreement.
Section 28 , Inspection. AGENCY may make or cause to be made reasonable
entries upon and inspections of the Property,
Section 29, Nondiscrimination, The DEVELOPER agrees for itself, its
successors and assigns, to or of the property or any part thereof, that the
DEVELOPER and such successors or assigns shall not discriminate upon the basis
of race, color, religion, sex or national origin in the sale, lease or rental or in the use
or occupancy of the property or any Improvements erected or to be erected hereon or
on any part thereof; and this covenant shall be binding to the fullest extent permitted
by law and equity, for the benefit and in favor of, and enforceable by the AGENCY,
its successors and assigns, and any successor in interest to the property, or any part
thereof The AGENCY shall have the right in the event of any breach of any such
covenants, to exercise all the rights and-remedies and to maintain any actions or suits
at law or in equity or other proper proceedings to enforce the curing of such breach
of covenant, to which it or any other beneficiaries of such covenant may be entitled.
Section 30, Authorized Agent. The AGENCY and the DEVELOPER shall
each designate one person who shall be their authorized representative with respect
to this Agreement. The representative of the AGENCY shall be the AGENCY
Director; the representative of the DEVELOPER shall be provided at the time of the
joint execution of this Agreement.
Section 31. Waiver, The passing, approval and/or acceptance of any part of
the work or material by the AGENCY, its Architect or Engineer, if any, or by any
— - - agent-or- representative'-o -the AG-ENC-Y sha'l-1 °not opemtr s a waiver of'fhe - ' — ""° --"''-" --'-
Page 13 of 1 4
AL Agency
DMTLOPER
AGENCY's right to demand strict compliance with the terms and conditions of this
Contract. No act or omission or verbal representation or statement shall be treated
as an expressed or implied waiver and all waivers shall be in writing signed by the
party who is alleged to have waived any of the terms and/or conditions of the
Contract or Contract Documents. This Agreement contains the entire Agreement of
the parties and no modification or amendment of any terms or provisions of this
Agreement shall be valid or binding unless it complies with this paragraph. This
Agreement in general and this paragraph in particular, shall not be modihed,
amended or waived except'in writing signed by both parties. The waives' of any
breach or default of any of the terms of this Agreement shall not act as a waiver of
any subsequent breach or default. This Agreement shall be binding upon the heirs,
guardians, personal representatives and assigns of both of the parties.
Section 32. Waiver of July Trial. AGENCY and DEVEOPER knowingly,
irrevocably voluntarily and 'intentionally waive any right either may have to a trial
by jury in State or Federal Court proceedings in respect to any action, proceeding,
lawsuit or counterclaim arising out of the Contract Documents or the performance of
the Work thereunder.
IN WITNESS WHEREOI', the AGENCY and DEVELOPER have caused
this Agreement to take effect on the day and year first above written.
WITNESS:
Miami -Dade Affordable Housing
Foundation, Inc.
By: ---
Name 9-Opal A. Jones
Title: Executive Director
SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY
By:%
4
Name: ' Philip K Stoddard
Title: Chairperson
Page 14 of 14
W Agency
DEVELOPER
EXHIBIT .A,
United States HUD
(hereinafter referred to as "HUD")
Affordable Housing Guideline
INCOME AND MORTGAGE LIMITS
Adfirsir.. it Fri rr- ;rnl4r Sign.
Example of a SIV CRA Affordable Housing Purchaser, based
on the guideline set forth above, with a family of two (2) (as
defined by HUD) would include someone who meets the
requirements of the SM CRA, for an affordable housing
purchase and ,whose income is below $66,240.00
t+fi'.612n
FAMILY SIZE
301%
s6%
89%
180%.
i�QNO
140 °.4
1
$14,500
S24,110
sn.650
$48,11:4
$57 R0
$67,620.
2�
$16,600
527,n0
S44 200
v55,a
586,290
$71,280
3
$18.650
S31,050
$ +9,700
D62,100
S74.520
$66,940
d
534,561
$55,200 _
$69.000
182,900
$96,600
5
522ACO
1 537,303
$59.65D
574,fm
349,520
$104;140
S
574,0KA
540 :OSO
5 1,45D
530,100 1
3.,°8120
$112,140
7
525.740
$42300
$88,450
$86,600
S102,720
5119,840
6
S2T,35U �'
545,550
572 „900
$91,100 .—_fl
109 320
£127,514
Example of a SIV CRA Affordable Housing Purchaser, based
on the guideline set forth above, with a family of two (2) (as
defined by HUD) would include someone who meets the
requirements of the SM CRA, for an affordable housing
purchase and ,whose income is below $66,240.00
]EXHIBIT C
FRANKLIN SUB PB 5 -34 LOT 5 LESS W2.5FT BLK i LOT SIZE
5375 SQ FT bearing folio number 09- 4025 - 010 -0060 a/kla 6457 SW
60 Ave., South Miami, Florida,
Deed Description: LOT 5 BLK 1 of FRANKLIN SUBDIVISION, according to the Plat thereof, as
recorded in Plat Book 5, at Page 34, of the Public Records of Miami -Dade County, Florida
Franklin Subdivision, PB 5 -34, Lot 6 less W 2.5 Feet, Block 1,
Public Records of Miami -Dade County, 1~L. Vacant Lot Size 5875
Sq. Ft,; bearing folio nutnber'090- 4025 -010 -0070.
Deed Description: Lot S. L ESS•the West 2.60 feet thereof, Block I, FRANKLIN SUBDIVISION, according
to the Plat thereof as recorded in Plat Book 5, Page 34. of the Public Records of Miami -Dade County,
Florida
Franklin Subdivision, PB 5 -34, Lot 7 less W 2.5 feet Block 1, and
alley iyg S & Adj.-CLOSED PER R -92 -1517 Public Records of
Miami -Dade County, FL Lot Size 6180 Sq. Ft.; bearing folio number
09- 4025-010 -0080; a/k/a 6487 SW 60 AVE. South Miami, Florida,
Deed Description: Lot 7, LESS the West 2.50 feet thereof, Block I, FRANKLIN SUBDIVISION, according
to the Plat (hereof, as recorded in Plat Book 5, Page 34, of the Public Records of Miami -Dade County,
Florida.
Franklin Subdivision, PB 5 -34, Lot 8, less beg NW Cor Lot 8 Th
E.2,5 feet, S 46.72 feet, W 3.05 feet, N 47.67 feet to POD Block 2,
& 4 :feet alley lyg N & Adj. Closed Per R -92 -1517; Public Records
of Miami -Dade County, FL. Lot size 55.00 feet x I 17 feet; 6313 Sq,
Ft; bearing folio number 09- 4025 -010 -0090; a/k/a 6501 SW 60 Ave.,
South Miami, Florida.
Deed Description: Lot 8, Block 2, of FRANKLIN SUBDIVISION, according to the plat thereof, as recorded
In Plat Book 5, Page 34, of the Public. Records of Mlami -Dade County, Florida; LESS beginning at the
Northwest corner of said Lot 8; thence Easterly, along the North line of said lot 8, for a distance of 2..50
feet; thence Southerly, along a line 2.50 feet East of as measured at right angles to and parallel with the
West line of said Lot 8, for a distance of 0:.86 feet to a point of curvature of a -curve to the left having
a radius of 1975 00 feet; thence Southerly, along the arc of said curve through a central angle of 1 °
21'19". for a distance of 46.72 feet to a point on the South line of said Lot 8; thence Westerly, along
said South line, for a distance of 3.05 feet to the Southwest corner of said Lot 8; thence Northerly,
along the West line of said Lot 8, for a distance of 47 67 feet to the point of Beginning
Parcel IdanUticallon Number: 09. 4025. 010.0090
nr
Larkins Townsite PB 2 -105, Lot 8, Block 2, Public Records of
Miami -Da'c'e County, FL. Lot size 7150; bearing folio number 09-
4025 -028 -0200; a/k/a 5928 SW 66 St., South Miami, Florida,
Deed Description: LOT a SEX 2 LNUINS TONNSITE ea 2 -105
Pines Subdivision, PB 13 -2, Lott & W % Lot 2 Block 4, Public
Records of Miami -Dade County, FL., Vacant Lot Size 3525 (37.5 x
94; bearing folio nunnber 09- 4025 - 009 -0240.
Deed Description: Cot 1, and the West Half (w V2) of Lot 2, Block 4, The Pines, a subdlvlsion of the City of
South Miami, Miami -Dade County, Florida, according to the plat thereof','recorded In Plat Book 13, at
Page 2, of the Public Records of Miami -Dade County, Florida. (Miami -Dade County Property
Identification Number: 09- 4025.009 -0240)
l
tY
N r I
I
1
FLOOR PLAN
l6' -2� I• SCALF: 1 1 vt-0'
STEVEN LURI'A, RA 9/2/1
3 BR / 2 BATH
()FTION 2-B 1,558 SF UNDER AIR
ALL ORAVARCS. MO WRITTEN MATERIAL APPEARAIO HEREI.4 COYSTIILITC CRICINAL AND UNPUBLISREO A'CAK OF THE AACROCCI, THE
SAVE MAY ]IOT" OUPUCATEO, LIM OR DISCLOSED VATNOUT NITI£N CONSENT CF INE MCHITFCT.
Ala-
ry
r
m
r
w
z w
0
F— r-
ui
U
tr
Q
L
o w
F i o
z �n
0
w
r_
LL
w
0 Q
(L
5 w
d 4•
7dO
E-
z
z(n
� U
F�
Z
a
wO
�w
c� N
zO
a �V)
W
0. p
OL ft:
<O
:D R
N w=)
CU
Q O
r' 4
a
m
�wl o
N 2
W z aQ
w � °LU
w
F- 0_ -1
q ¢ cn
1
119161,
G�
AI'
E)MIBIT .Dw3
SPECIFICATIONS
EXTERIOR - ICF WALLS WITH EFUS OR SIMILAR STUCCO FINISH. INSULATED CONCRETE
FORMS PROVIDE R -22 EXTERIOR WALLS WITH MONOLITHIC CONCRETE SHELL CAPABLE OF
WITHSTANDING 200 MPH WINDS.
EXTERIOR AND INTERIOR PRIMER AND PAINT 15 BENJAMIN MOORE OR EQUIVALENT NO VOC PAINT
OR PRIMER FOR INTERIOR
ROOF CONSTRUCTED OF WOOD TRUSSES WITH 110 MPH ARCHITECTURAL SHINGLES
MANUFACTURE'S WARRANTY FOR THE SHINGLES 15 MIN. YEARS, ROOFERS WARRANTY MIN. 5.YEARS
fNSULATION WILL OPEN CELL SPRAY INSULATION ON THE UNDERSIDE OF THE ROOF SHEATHING
INTERIOR WALLS AND CEILING- WILL BE CONSTRUCTED OF SHEET ROCK (MADE IN USA), TAPED AND
PLASTERED WITH JOINT COMPOUND, SANDED AND PAINTED WITH PRIMER AND TWO COATS OF PAINT,
WINDOWS -TO BE ECO WINDOW OR EQUIVALENT LOCALLY PRODUCED.
INTERIOR DOORS TO BE HOLLOW CORE, EXTERIOR DOORS TO BE MIAMI -DADE COUNTY APPROVED
METAL DOORS.
APPLIANCES TO BE INSTALLED SHALL BE APPROVED ENERGYSTAR
FIXTURES TO BE APPROVED AS SOON AS THE WORKING DRAWINGS ARE FINISHED
TUB AND SHOWER WALLS MUST BE COVERED WITH DUROCK OR EQUIVALENT FOR THE TILE AREAS.
GREEN BOARD IN THE BATHROOMS.
FLOORING, CABINETS, COUNTERS TOP SHALL NOT EMIT VOC'S. GREEN BOARD NOT NECESSARY IN
KITICHEN EXCEPT BEHIND SINK. IF POSSIBLE TILE TO BE OF RECYCLED MATERIALS,
ADDITIONAL SPECIFICATIONS ARE AS FOLLOWS:
HVAC TO BE 51ZED WITHIN 1/2 TON OF CALCULATED TOTAL LOAD,
CEILING FANS TO BE USED IN BEDROOMS AND GREAT ROOM.
SOLAR LIGHT TUBE WJ INSUL. REFLECTIVE TUBE TO BE INSTALLED IN GREAT ROOM
DECIDUOUS TREES PLANTED ON SOUTH SIDE -
NATIVE SHADE TREES ON EAST AND WEST -
ALL DUCTWORK JOINTS TO BE SEALED WITH MASTIC
e6
EXHIBIT E
ARTICLE 5 — INSURANCE
5.0 The DEVELOPER shall purchase from and maintain in a company or companies lawfully authorized to do
business in the,jurisdiction in which the Project is located such Insurance as will protect.the DEVELOPER
from claims set ibrth below which may arise out of or result from the DEVELOPER's operations under the
Contract and for which the DEVELOPER may be legally liable, whether such operations be by the
DEVELOPER or by a 86contractor or by anyone directly or indirectly employed by any of ihem, or by
anyone for whose acts any of them may be liable:
5.0.1 claims under workers' compensation, disability benefit and other similar employee benefit acts
which are applicable to the Work to be performed;
5.0 .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the
DEVELOPER's employees;
5,03 claims for damages because of bodily injury, sickness or disease, or death of any person other than
the DEVELOPER's employees;
5.0 .4 claims for damages insured by usual personal injury liability coverage;
5.0.5 claims for damages, other titan to the Work Itself, because of injury to or destruction of tangible
property, including loss of use resulting there Pont;
5.0.6 claims for damages because of bodily injury, death of a person or property damage arising out of
ownership, maintenance or use ofa motor vehicle;
5,03 claims for bodily injury or property damage arising out of completed operations; and
5,0,3 claims involving contractual liability insurance applicable to the DEVELOPER's obligations
concerning the Project
DEVELOPER's Liability Insurance.
5.1 DEVELOPER shall provide and maintain in force until all the Work to be performed under this Contract
has been completed and accepted by AGENCY (or for such duration as is otherwise specified hereinafter),
the insurance coverage set forth below
5.1.1 Worker's Compensation Insurance at the statutory amount as to all employees in compliance with
the "Workers' Compensation Latin" of the State of Florida and all applicable federal laws, In
addition, the policy(les) must include: Employers' Liability at the statutory coverage amount. The
DEVELOPER shall further insure that all of its Subcontractors maintain appropriate levels of
Workefs Compensation Insurance.
5.1.2 Comprehensive 'General Liability with minimum limits of Two Million dollars ($2,000,000.00)
per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability,
Coverage must be afforded on n form no snore restrictive than the latest edition of the
Comprehensive General Liability policy, without restrictive endorsements, as filed by the
insurance Services Office for the State of Florida, and must include:
5. 1.2 (a) Premises and Operation
5,1.2 (b) Independent Contractors
5.1,2(c) Products and/or Completed Operations Hazard
5.1.2 (d) Explosion, Collapse and Underground Hazard Coverage
5.1,2(e) Broad Fomt Property Damage
5.1,2 (t) Broad Fonn Contractual Coverage applicable to this speciFo Contract, includinc
any hold harmless and/or Indemnification agreement.
5.1.2 (g) Personal Injury Coverage with Employee and Contractual Exclusions removed,
with minimum limits of coverage equal to those required for Bodily Injury
Liability and Property Damage Liability.
5.).; Business Automobile Liability with minimum limits of Two Millior Dollars ($2,000,000,00) plus
an additional Two Mllion Dollar ($2,000,000,00) umbrella per occurrence combined single limit
for Bodily injury Liability and Property Damage Liability. Coverage must be afforded on a form
no more restrictive than the latest edition of the Business Automobile Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office for the State of Florida, and
must include:
5.1.3 (a) Owned Vehicles.
5.1.3 (b) Hired and Non -Owned Vehicles
5,1,3 (e) Employers' Non-Ownership
5.2 Before starting the Work, the DEVELOPER shall file with the AGENCY certificates of such insurance,
acceptable to the AGENCY, which must contain, among other things, the name, address and telephone
number of the insurance agent or broker through whom the policy was obtained, a provision adding the
AGENCY as an additional named insured; these certificates shall contain a provision that the coverage
afi'orded tinder the policies shall not be canceled or materially changed until at least thirty (30) days prior
written notice has been given by the insurer to the AGENCY by certified mail. The insurer shall be rated
A.VII or better per A.NI. Best's Key Rating Guide, latest edition and authorized to issue insurance in the
State of Florida.
5.3 The DEVELOPER agrees that if any pnrt of the Work under the Contract is sublet, the subcontract shall
contain the same insurance provision as set forth in section S.1 and 5,2 above and substituting the word
SUBCONTRACTOR fur the word DEVELOPER where applicable; however, at the DEVELPER'S
discretion, the limits of a Subcontractor's insurance may be Five Hundred Thousand Dollars ($500,000.00.).
SA Fire and Extended Coverage Insurance (Builders' Risk)!
The DEVELOPER shall maintain, as applicable, in an fnsurance Company or insurance Companies
acceptable to the AGENCY, Fire, Extended Coverage and Vandalism & Malicious Mischief Insurance on
buildings and structures, while in the course of construction, including foundations, additions, attachments
and all permanent fixtures belonging to and constituting a part ofsaid buildings or structures. The policy or
policies shall also cover machinery, if the cost of machinery Is included in the Contract, or if the machinery
located in a building that is being renovated by reason of this contract, The amount of insurance must at all
times be at least equal to the actual cash value of the insured property.
The policy shall be in the name of the AGENCY and the DEVELOPER, as their Interest may appear, and
shall also cover the interests of all Subcontractors performing Work.
5.5 The DEVELOPER shall provide the AGENCY with satisfactory evidence certifying that the foregoing
insurance is in force; and such evidence shall include provisions naming the AGENCY as an additional
named insured and providing that the insurance shall not be canceled or materially changed until at least
thirty (30) days prior written notice has been given by the insurer to the AGENCY by certified mail.
5.6 Cancellation and Re- insurance:
If any notice of cancellation of insurance or changc in the policy, given by the Insurance company or
should any Insurance have an expiration date that will occur during the period of this Contract, the
DEVELOPER shall be responsible for securing, other acceptable insurance prior to such cancellation,
change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain
coverage during the life of this Contract.
5.7 All deductibles must be declared by the DEVELOPER and must be approved by the AGENCY. At the
option of the AGENCY, either the DEVELOPER shall eliminate or reduce such deductible or the
DEVELOPER shall procure a Bond, in a form satisfactory to the AGENCY covering the saute.
�•1
"I44 2 1 ,t
t
1
F
� I F
o t
c
� OI
V.,
La
4
E z
Egli
may 06SaC
�r (D
w .2 w o
I
I
I
oZ5 I o�
(W182i� 100'09 1 �z
)'cJ SB.JJ RL
�
sin. r
��IYaIONJ
a
-
r+J;yS. •.�.
JJ)W JYIr
141 rJn
C'e'Y:ST %IIAN •' -!I
r,x VAA4M• •f Y•V
')J
•II J'r
RgIL1 M
paS;gIryRY1 'J)
- ,4 MIYi
1.q nlilV.IN9
Al lay
I•AJ)•II4
d)1)Ixll%Oly
�1
aM'JIi K
N)'lJ+ 'IT
Jll -J {N•w1 w
M
YJ::3Y CNL3.0 �,�
'L'j 1.`S i J l l
l�r,ei Wyi•
'RJJ • '7J
ivi M: ':I S
JalYJl19 M1)Ns IJ
��..��J,{yy
C'GAY!ySJ •�(
YNa't'T•)•'�+'�+
v�LLAC. ;.: IIAJ
•C4!Oi I.Tn:r)Jr 11 )•J
31U1 MKi• IN
iSillvTkµdw'sa�J•L'J'i
'!�
s °?i +. lJ11V.�
- Am'.'i
b'J•L'iali.NlJ. —. �.
YV.H NI•J.1r inJ
A1JYiltil•Lb
iGC3lrlJ• NJ
IIJY)lrsJ \
LHt},{QJIpJ•'J'1
JN rliJlvJ'pJ•rl'•1
IS^uJIMiY.•
:YTgid1!TW
1Q
IYf)J •l+ir• —•�.•
•1'i+YJL lvJ
:lL4Y.71 Ilea;IN •'rn 1V
l'n.J1j,•I Jd11 1SI
YNI 4V" 'J
LY-, aJJ'
.
nJ.1 Y:106)1 y
MI L"64N• lH
rhNll)ti{x51if7fPV zaxxne -o nN;Ml
urJ
Y.r1aND)2y• YJ
�•1
"I44 2 1 ,t
t
1
F
� I F
o t
c
� OI
V.,
La
4
E z
Egli
may 06SaC
�r (D
w .2 w o
I
I
I
oZ5 I o�
(W182i� 100'09 1 �z
2�
a
I �
S: 7J
+V%�4
r
JZ
a2 h Y
�
a
�T a
wo
�a
�
U
•'.F'P�L'L'
iTlih� $: WPM 1i10 -�: BAY] I r(�
:-
wo 7rAM A
N!llfl!} Z '
'
v
d ii
AIGIX3lYd i'YIa5Y t6d
9
M
2�
a
I �
S: 7J
+V%�4
r
JZ
a2 h Y
VIV'VIWl N3A3S
53WOH N33HO Vd HQVI V dHVQW �MOM !1 i ;
xyarr�w
H
if l; ti
a $ Jir
9 I i
kr 4x�g N a a x
o
�'2ko p
r ig Limy.
sa= s�" 3 a gN 9yg a j�yg I� }F
L�Ytiz k�JSu y
W
JY.SSd�a4OW�
1-
�b�
SAG ps
�I'� 74SSS h s�qyy
lit A
tt ?a #
�(�a
j
J
�s; ",; &�c��§ '� sS s s �q• qua '�
r , w z 3 4,
4 c r Nd • p a �g
w f.,1 Xs vq
•z
J
a
Oc
4y
y
Q
0,
a
LL.
° 1
a 43 a98 �
Qa
E
Z�
a
•z
Vol
�I
a
J
a
4y
y
o �
Qa
E
Z�
a
j
R
-J
P 9
-
Vol
�I
a
City of'South Miami Ordinance No. 08- 06.1876 requires all lobbyists before engaging in any lobbying activities
to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 44 -08 -1979, This applies to all
persons who are retained (whether paid or not) to represent a business entity or organization to influence "City"
action. "City" action is broadly described to include the ranking and selection ofprofessional consultants, and
virtually all - legislative, quasi-judicial and administrative action.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:38PM
Pledge of Allegiance was recited in unison
II. Roll Call
Action: Dr. Whitman requested a roll call.
Board Members present constituting a quorum:
Dr. Whitman (Chairman), Mr. Cruz (Vice - Chairman), Mrs. Yanoshik, Mrs. Beckman, Mr.
Dundorf, Dr. Philips, and Mr. Vitalini
Board Member absent: None
City staff present: Mr. Christopher Brimo (Planning Director), Ms. Tiffany Hood (Office
Support).
City staff absent: Ms. Lourdes Cabrera (Principal Planner), Mr. Marcus Lightfoot (Permit
Facilitator),
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
The next Planning Board Meeting will be held on February 28, 2012.
IV. Public Hearings
PB -12 -002
Applicant: Miami -Dade Affordable Housing Foundation
Location: 6477 SW 60th Avenue
The applicant is requesting two variances from Section 20 -3.5 of the City's Land
Development Code. 1. requesting a variance of ten (10) feet from the required sixty (60)
foot lot frontage, and 2. requesting a variance of 125 square feet to minimum lot size of
6,000 square feet, to construct LEED Certified affordable housing on a nonconforming lot
of record in an RS -4 zoning district. 6477 SW 60th Avenue.
Mr. Dundorf read the item into the record.
Z,: \PB \PB Minutes \2012 MinutesUanuar&B -12 -002 Draft Meeting Minutes Excerpt - 01- 31- 12.doe Page 1 of 3
Mr. Brimo presented the item to the Board.
The Chairman opened the public hearing.
No Discussion.
The Chairman closed the public hearing.
Dr. Philips asked if the difference in square footage was due to the fact that it yes fifty feet
shorter in the front of the property of which Mr. Brimo stated yes.
Mr. Dundorf asked if the reason for this variance was due to the same platting problem that
affected PB -12 -001, of which Mr. Brimo stated yes.
Mrs. Beckman stated that there will be a smaller house on the property due to all of the other
dimensional requirements will stay the same, of which Mr. Brimo stated yes. He then stated that
once the site plan has been submitted, they will comply with all of the dimensional requirements
and be in accordance with the variance.
Motion Mr. Cruz motioned to approve. This motion was seconded by Mrs. Beckman.
Vote: Yes 7, No _0
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf, Yes
Mr. Vitalini: Yes
Mrs. Yanoshik: Yes
Dr. Philips: Yes
V. Approval of Minutes:
Planning Board Minutes of November 08, 2011 — The Board members reviewed the minutes
and were in favor of approval of the minutes with no changes.
Motion: Mr. Cruz motioned for approval of the minutes as presented. Mrs. Beckman seconded
the motion.
Vote: Yes 6, No 0
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf: Absent for vote
Mr. Vitalini: Yes
Mrs. Yanoshik: Yes
Dr. Philips: Yes
Z.\PB \PB Minutes \2012 Minutes \January\PB -12 -002 Draft Meeting Minutes Excerpt - 01- 31- 12.doe Page 2 of 3
VI. Future Meeting Dates: Tuesday, February 28, 2012
ty
VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 9:54 PM.
Z:\PB \PB Minutes \2012 Minutes \January \PB -12 -002 Draft Meeting Minutes Excerpt - 01- 31- 12.doc Page 3 of 3