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8South Miami t,ft;d CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM qn'r To: The Honorable Mayor and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager ff From: Christopher Brimo, AlCP ,ro/ Planning Director V Date: April 3, 2012 ITEM No. ____ _ SUBJECT: A resolution related to the request for 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. 6457 SW 60th Avenue, 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 6457 SW 60th Street. 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 Community 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. On March 13,2012 the applicant went before the Planning Board (PB-12-006), and after a public hearing and public comment, the Board made a motion to approve the request by a vote of 6 ayes, 0 nays. APPLICABLE REGULATIONS (See ATTACHMENTS) • Land Development Code Section 20-3.S(E) Dimensional Requirements 2001 STAFF OBSERVATIONS (a) The applicant is proposing to build a new 3 bedroom, 2 bath, 1,570 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 relating to a specific property; The requested lot area / frontage variance is necessary to use the property. 2. Denial of the variance would result in hardship to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary, confiscatory or unduly oppressive because of conditions of the property that distinguish 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 from the actions of the applicant; The property was a non-conforming platted lot of record prior to being transferred to the current owner. 4. The requested variance(s) is the minimum variance necessary to make possible the reasonable use of the land, building or structure,' The granting of the requested variances is the smallest possible and the only ones necessary to allow for the reasonable use of the property. 5. That the approval of the variance will be consistent with the general intent and purpose of the Land Development Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 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 request of the lot size / frontage variances, with the conditions that the structure is constructed in accordance with the agreement between the South Miami Community Redevelopment Agency and the Developer. Section 20-3.5(E) DIMENSIONAL REQUIREMENTS SINGLE-F AMIL Y RESIDENTIAL DISTRICTS -ONE-STORY Min. Lot Size Net Area (sq. ft.) Frontage (ft.) Min. Yard Setbacks (ft.) Front Rear Side (Interior)a Side (Street) Max. Building Height Feet Max. Building Coverage (%) Max. Impervious Coverage (%) Attachments: Application Location Map Letter of Hardship/Intent LDC Section 20-3 .5(£) Warranty Deed Agreement between the Developer and the SMCRA Copy of Public Notices Survey Site Plan Specifications Draft Planning Board Minutes RS-4 6,000 60 25 25 7.5 b 15 25 First floor 30 45 1 RESOLUTION NO. ________ _ 2 3 A Resolution relating to a request for two variances from Section 20-3.5 of 4 the City's Land Development Code requesting a variance of ten (10) feet 5 from the required sixty (60) foot lot frontage and a variance of 125 square 6 feet to minimum lot size of 6,000 square feet, to construct LEED Certified 7 affordable housing on a nonconforming lot of record in an RS-4 zoning 8 district. 6457 SW 60th Avenue, within the City's Community Redevelopment 9 Area. 10 11 WHEREAS, the Community Redevelopment Agency donated and conveyed the title of the 12 property to the Miami-Dade Affordable Housing Foundation to construct a new LEED Silver certified, 13 affordable single family residence; and 14 15 WHEREAS, the property is a non-conforming lot of record requiring a variance in order 16 to construct the new single family residence; and 17 18 WHEREAS, application No. PB-12-006 was submitted to the Planning Board by 19 applicant Miami-Dade Affordable Housing Foundation; said application requesting approval of 20 two variances from Section 20-3.5(E) to permit the construction of a new one-story, LEED 21 (silver) affordable single family residence within the City'S Community Redevelopment Area to 22 allow the lot size of the building site to be 5,875 square feet, where a minimum lot size of 6,000 23 square feet is required; and to allow 50 feet of frontage where 60 feet is required; on property 24 located at 6457 SW 60th Avenue, South Miami, Florida, within the RS-4 zoning district; and 25 26 WHEREAS, the approval of a variance requires a recommendation from the Planning 27 Board and the approval of the City Commission after a public hearing; and 28 29 WHEREAS, at its March 13, 2012 meeting the Planning Board, after public hearing, 30 voted 6 ayes 0 nays to recommend approval of the variances requested; and 31 32 WHEREAS, the Mayor and City Commission of the City of South Miami desire to 33 accept the recommendation of the Planning Board. 34 35 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 36 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 37 38 Section 1. The recitals set forth in this resolution are true, that they are supported by 39 competent substantial evidence and that they are incorporated into this resolution by reference. 40 41 Section 2. That the subject application submitted by applicant Miami-Dade Affordable 42 Housing Foundation, requesting approval of the variances from Section 20-3.5(E) to permit the 43 construction of a new one-story, LEED (silver) affordable single family residence on a vacant lot 44 with the lot size of the building site to be 5,875 square feet, where a minimum lot size of 6,000 45 square feet is required; and to allow 50 feet of frontage where 60 feet is required; on property 46 located on property within an "RS-4" Single Residential Zoning use district, specifically located 47 at 6457 SW 60th Avenue is hereby _______ _ 1 Section 3. If the variances are approved, then the approval of the requested variances 2 shall include Exhibit A, Site Plan by Architect Steven Luria AlA, dated 12-10-2011, for 3 proposed residence at 6457 SW 60th Avenue is incorporated herein. 4 5 Section 4. This resolution shall be effective immediately upon being approved. 6 7 8 9 10 11 12 13 14 15 16 17 18 PASSED AND ADOPTED this __ , day of ___ , 2012. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: 19 Commissioner Newman: 20 Commissioner Harris: 21 Commissioner Welsh: 22 CITY ATTORNEY 23 24 25 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal ,Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING 4/3/2012 in the XXX X Court, was published in said newspaper in the issues of 03/23/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement fo publication in the said newspaper. Sworn to and subscribed before me this 23 day of MARCH ,A.D. 2012 (SEAL) V. PEREZ personally known to me Notary Public State of Florida Cheryl H. Marmer My Commission 00793490 Expires 07/1812012 THE MIAMI HERALD I MiamiHerald.com MOTORS US-1 & South 160-180 Street in Miami southmotors.com Cash Back On Trane Air Conditioners. Buy a Trane Comfort System today. And receive an Instant Rebate up to $1.250 A Trane Comfort System with an efficiency rating of 20.00 SEER can save you up to 67% off your power bill, while removing up to 20 gallons of moisture a day from home -leaving you cool and comfortable. And, if you can act before May 31,2012, you will get an instant Rebate up to $1 ,250.00. Plus up to $1,495 in FPL rebates! SE CHERRY GROUP THE COCONUT GROVE REALTORS SYLVIA CHERRY, PA GARY HECHT, PA 305.992.2211 VISIT CHERRYMIAMIHOMES.COM Coldwell Banker Residential Real CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting sCheduled for Tuesday. April 3. 2012. beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution relating to a request pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code for Special Use Approval to locate a general restaurant at 6208 S. Dixie Highway within the General Retail "GR" zoning district. 'A Resolution relating to a request for two variances from Section 20-3.5(E)-6f the Land Development Code, to allow the lot size 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 6457 SW 60th Avenue, within the RS-4 zoning district; to permit the construction of a new one-story, LEED certified affordable single family residence within the City's Community Redevelopment Area. A Resolution 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, on property located at 6501 SW 60th Avenue, within the RS-4 zoning district; to permit the construction of a new one-story, LEED certified affordable single family residence within the City's Community Redevelopment Area. A Resolution authorizing the City Manager to extend the audit contract, relating to financial audit services, with the audit firm of Keefe, McCullough & CO. LLP., for one additional year, for a total of three consecutive years. An Ordinance amending the Land Development Code, Section 20-6.1 (C)(1)(a) and (3)(b) concerning membership and powers and duties of the Environmental Review and Preservation Board. An Ordinance amending South Miami Code of Ordinances, Chapter 2, Article I, Sec. 2-2.1 (K)(1) prohibiting the sending and receiving of electronic communication by a Commission member while the member is sitting on the dais during a Commission meeting. 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, CMC City Clerk Pursuant to Florida Statutes 286.01 05, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. gOl1.DART S111RV~T N • Graphic Scale 20' 0 ,,0' 20 ~~ .. : I ~-J: =.0 BLOCK S.W. 64 t h. ST. SOUTH RIGHT-OF-WAY UNE'"'-... • EXHIBIT "A" LOT-4 BLOCK-1 117.50' (R&M) -It- MANGO TREE 24"4> VACANT LOT ~i-\\. -It- 117.50' (R&M) LOT-6 BLOCK-1 • I I LOT-17 BLOCK-1 Ii FlP 1/2" NO 1.0. R/IlLiNG ii-~?' 1 \,. .. ox . ",I ~i 06" e:.l L0T-18 b IBLoCK-1 0" dl LC)" " II/>: .~ • MANGO TREErH' I 304> • :ff;<>-6.50] ______ _ FlP 1/2" NO 1.0. LOT-19 BLOCK-1 ,<"'w z ffi d~§~~~ ~ <I ;> i= Q.. m l: ~~~~~~~. ~"i':.'~f:J'~:·T·;'·~O' t",:.4 , ',i. .1... .----L' I ~ I ,;-I : o •• u::: Ul 3; W ::i u 3; l:&0 ~\ -P-!a ® ~ ~ ~ ~~ ~~~~~ II'" 1 _-,,_~ . . ~ ! ~~ :'~:':". III • l¢U 1 0 WI .~ : ~" 3.: '1>· '" . . -G .... '~---I .. g If: ': ~ ~ m Q.. aJ~ ~~~~~ u ~omuQ. ~ 1@lZlg ~ 'Z z w ~ It" 1: «~--.::. : ~-.. ~ .. -___ I ~H'~' : . f~ I~ 1<0 ,0 -.~ 1 ~f:-.-:: I·-~~· . r... 'I . ., _ ... . '; '--------. _ .... . '--" . '. ~ - (/) . ~ ~ z ~~i5 w ~ I h~~ ~ 5= ; ~~~~ ~ W r:t: Q:UlUlUl ;:l a:: ill ~ N LOCATION MAP .. (NOT TO SCALE) CERTIFIED TO: Miami-Dade Affordable Housing Foundation. Inc .• First American TiUe Insurance Company. Rennert Vogel Mandler & Rodriguez. P A. LEGAL DESCRIPTION: « ~ >-u d w t;; ~ > ~ 8~ § ffi ~~ ~ ~ ~~~ ~ §~M (fJ; gg ~ ~ w 0 ~ g ~ ~ ~ i~ ~ I ~ ~ ~ g ~ C' ' ........ z ~ 0.: en ~~ ~ ~~~~~~It: W -' ~ a~ 0 ~"'z ~o ~~z ~~ ~~~ ~~ " . ~c.! 0.: ..... Lot Siess the West 2.50 feet. in Block 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. ~ u; u;:i:.J.55 ~ ~ is z~ ~ *~~ ~ S ~~~ ~ ~ ~ ;S8 Ul d 8 <.:> t.i <J ~",~5~ 5ci5§ ORDER NO.: '~M0056 PROPEf{fY ADRESS: FLOOD ZONE! wiTHIN ZONE: X ELEV.: N/A FlEW BOOK: 'FILE' 6457 S.W. 601h AVENUE DATE: FEBRUARY lB. 2012 SOUTH MIAMI. FL. 33143 COMMUNITY: 120658 PANEL No.: 0458 SUFFIX, L UPDATED: FOR: MIAMI-DADE AFFORDABLE DATE: O9-U-09 I HERESY CERTIFY; THAT THIS ORAWING REPRESENTS THERESI.l.T OF A SU1VEY OF THE WITHIN DESCRIBED PROPERTY AND THIS DRAWING AND SAID S!.RVEY WERE PRfPMED BY ME OR UNDER MY DIRECTION. THERE ARE NO ENCROACHMENTS UNlESS SHOWN THEREON. NOTES: • THIS SURVEY DOES NOT REfLECT OR DETERMINE OWNERSHIP. ~ • EXAMINATION Of THE ABSTRACT Of TITLE WILL HAVE TO BE MADE TO DETERMINE RECORDEO INSTRUMENTS, IF ANY, AFfECTING THE PROPERTY THIS $lRVEY IS SUBJECT TO DEDICATIONS, LIMITATIONS, RESTRICTICUS, RESERVATIrns OR EASEMENTS OF RECORDS. • LEGAL DESCRIPTIONS PROVIDED BY CLIENT OR ATIESTING TITLE COMPANY. • UNLESS OTHERWISE NOTED, THIS FIRM HAS NOT AN ATTEMFEO TO LOCATED fOOTIN • ANDIOR fOUNOATlCNS. • NOT VISIBLE ENCROACHMENTS WERE FOUND ON THE PROPERTY, LNt.ESS SHOWN. • IF SHOWN ELEVATIONS ARE RefERRED TO N,G.V.D. 1929 • BENCH MARK USED No. P-4000, LOCATOR 400J"W. WITH ELEVATION: 8.52' HOUSING FOUNDATION INC. THlS SURVEY IS N VA!;. D WITHOUT THE SIGNATURE AND ISED AL OF A FLORIDA LICENSED SURVE OR AND MAPPER 1 \ / v-~ NARCISO RAMIREZ PROFESSIONAL LAND SURVEYOR No, 2779 STATE OF FLORIDA ATLANTIC SERVICES OF FLORIDA 8341 SUNSET DRIVE. MIAMI 'FL 33143 TEL: (305) 596-0666 FAX: (305) 596-0919 L.B.2077 \.-;-.; --·1 ", 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Planning Board Members From: Christopher Brimo, AICP Planning Director PB-12-006 Applicant: Miami-Dade Affordable Housing Foundation Location: 6457 SW 60th Avenue Date: March 13, 2012 Re: Variance Request 6457 SW 60th Avenue- RS-4 Zoning District 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 constructLEED Certified affordable housing on a nonconforming lot of record in an RS-4 zoning district. 6457 SW 60th Avenue 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 Jot located at 6457 SW 60th Street. 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 Community 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 lise of the property. AJ>PLlCZ1Jl,LE~EGULATIONS (See ATTACHMENTS) • Land Development Code Section 20-3.5(E) Dimensional Requirements STAFF OBSERVATIONS (a) The applicant is proposing to build a new 3 bedroom, 2 bath, 1,570 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. Ths£viiriHl1te is necessaty to relie~Lpaiiicular extraXmUI!1lf.): cOliditklllS relatfug.J~!l specific prop~ .. The requested lot area / frontage variance is necessary to use the property. 2. Denial of the variance would result in hardship to the owner. Hardship results if the restriction of the· zonlngorditlal1ce. "Vhell_f!12~lied to a particular pro.12el'ty, becofnes arbitrary,confiscatofX;. or unduly oppressive becHulie of tond itions of the proj2erty that distil'tguishitfrom otheiprbperties undel'similHr zoning restriction .. ~ A denial of tlte variance would be an oppressive hardship Oil the owner by preventing the property from being used or built upon. 3. The extru()rdiilary cbnditibl1sandci!'cUll1stailces do 11otreslIltfroin the actions of the applicant; The property was a non-conforming platted lot of record prior to being trtl11sferred to tlte current owner. 4. The ,nu)uested variance(s)is thu)jnimul11 variance necessary.Jp make possible the reasonable use oftlIe land, building or structure; The gralltillg of the requested variances is tlte smallest possible and the ollly olles necessary to allow for tlte reasonable use of the property. 5. II:t~t the al2Proval of the vari£lllge willbe consistent with the general intent and purpose of the Land Dcvelop111ent Code, and· will not be injuri()ljs to the neighborhood .or otherwise detrimental to tJ~ublic welfare. 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 llsed 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 alUi will he compatible with the abuttillg and surrounding properties. These objectives are consistellt with the stated objectives of the adopted comprehensive plan, community redevelopment plan and land development code. The variance requested will !tave IlO impact Oil surroullding properties. RECOMMENDA TION It is recommended that the Board recommend approval of the lot size / frontage variances, with the conditions that the structure is constructed in accordance with the agreement between the South Miami Community Redevelopment Agency and the Developer. Section 20-3.5(E) DIMENSIONAL REQUIREMENTS SINGLE-FAMILY RESIDENTIAL DISTRICTS -ONE-STORY --~"' Min. Lot Size "' Net Area (sq. ft.) Frontage (ft.) Min. Yard Setbacks (ft.) ",-,~- Front ~ Rear :-------"' .... ' Side (Interior)a Side (Street) ~,- Max. Building Height , Feet "W.,~ Max. Building Coverage (%) Max. Impervious Coverage (%) Attachments: Application Location Map Letter of Hardship/Illtent LDC Section 20-3 .5(.B) Warranty Deed uu.~~,~ Agreement between tlte Developer and ti,e SMCRA Copy of Public Notices Survey Site Plan Specifications RS-4 6,000 " 60 25 25 "~»n~,", 7.5 b "' 15 25 First floor 30 45 Z:\PB\PB Agendas Stllff Uepol'ts\2012 Agenda Staff Rcports\3-13-12\PB-12-006_64S7 SW 60 Ave\PB-12-006-Variances_64S7 SW 60 Ave.doc City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663-6326; Fax: (305) 668-7356 Application For Public Hearing Before Planning Board & City Commission AddressofSubj¢ct Property: Subdivision l-'!-:l="'-LLl'-"--_ Address; 1444~1SL.t:tIlAA'~ Property Owner: M D A Mailing Address: 1444: Signature: ~ C--7 att~ &'11., :tt 31l P~1n'Z ASTHE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: ~pwner -,,-,Owner's Representative _...Contract to purchase_Option to purchase _Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: PLEASE CHECK THE APPROPRIATE ITEM: _ Text Amendment to LOC _ Zoning Map Amendment _ PUD Approval _ PUD Major Change X-V~riance _Special Use _Special Exception _Other (Waiver of Plat) Briefly explain application and cite specific Code sections: Section:__ Subsection:__ Page #: __ Amended Date: __ _ S.UBMITTED MATERIALS PLEASE CHECK ALL THAT APPLY: i!:.,. Letter of intent ~ Justifications for change .~ Statement of hardship !!.. Proof of ownership or letter from owner _ Power of attorney _ Contract to purchase $.., Current sUIVey (1 original sealed and signed/1 reduced copy @ 11" x 17") i:,.. 15 copies of Site Plan and Floor Plans 1 reduced copy @ 11" x 17" ;. Affidavit-Receipts attesting to mail notiq<;s sent 1-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 the best of the applicant's knowledge and belief. ~.' t),.~. M, t. ,.1'2.fL Applicant' Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regufations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed ____ _ Date of PB Hearing _____ Date of Commission, ____ _ Petition Required __ _ Petition Accepted,~ ____ _ Method of Pa ment 41l6!09X;\Forms\PB Application for Public Hearing (Re.;·jsed 2009).doc PI City of South Miami -location Map PB-12-006 -Variance 6457 SW 60th Avenue Property Information Map Property Information Map Aerial Photography -2009 My Home Miami-Dade County, Florida 0_112ft This map was created on 3/7/20124:05:23 PM for reference purposes only. Web Site © 2002 Miami-Dade County. All rights reserved. Legal Description: Page 1 of 1 RANKLIN SUB PB 5-34 OT 5 LESS W2,5FT LK 1 LOT SIZE 5875 Q FT FILE #93-1422 PROBATE) OR 26989- 872070917 Assessment Infonnation: Year: .... 2011 2010 land Value: $146875 $1468n Building Value: $1000 $1000 MarnetValtle:' $147875 $147 an Assessed Value: $14T!f15 $147 an Taxable Value Information: Year: 2011 2010 Applied Applied Taxing Authority: Exemptionl Exemptionl Taxable Taxable Value: Value: Regional: 1$147,875:1$( $147875/$0 ounty: $147,875/$0 $147875/$0 :iIV: 1$147875/$C $1.47875/$0 School Board: 1$147875/$0 147875/$0 Sale Information' SalaDa!e: '1712009 Sale Amount: $0 Sale OIR: ~6989-4(l '7 S~tle:s. Oeeds to or executed by OUillificebon ~ religious, charitable or Oescripllo'n benevolent organization iJreiltiIV Vie';' dditiorml Sale· http://gisims2.miamidade.gov Imyhome/printmap. asp?mapurl=http://gisims2.miamidade.gov...3/7/20 12 MIAMI·DADE AFFORDABLE HOUSING FOUNDATION, INC. MIAMI-DADE AFFORDABLE f HOUSING FOUNDATION, INC. February 22, 2011.- Christopher Brimo, AICP Planning Director Planning and Zoning Department 6130 Sunset Drive South Miami, FL 33143 Re: Variance requests for 6457 SW 60th Avenue (Lot 5, 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 6457 SW 60th 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 Foundation by the City of South Miami CRA to build 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, r~ 't f1l1':'>-:, t') ( !tt;~ .... ';;'l'-.. M-').: .( ,1.1/1,[' if ; ';.i·~G(,.lI , 111 ,~ Opal A.Jones Executive Director A NOT·FOR-PROFIT 501 (c)(3) CORPORATION 7300 NW 19 Street, Suite 502 Miami, FL 33126 Phone: 305·471-9750 Fax: 305-471-9754 Email: mdahfi@bellsouth.net This instrument was prepared by: Thomas F. Pepe, General Counsel City of South Miami Community Redevelopment Agency 1450 Madruga Avenue, Ste 202 Coral Gables, Florida 33146 Property Appraisers Parcel Identification (Folio) Number: WARRANTY DEED THIS INDENTURE, made this 1.3 11 day of February, 2012 between City of South Miami Community 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 sum 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 land situated, lying and being in Miami-Dade County, State of Florida, to wit: LOT 5 BLK 1 of FRANKLIN SUBDIVISION less the West 2.5 feet, according to the Plat thereof, as recorded in Plat Book 5, at Page 34, of the Public Records of Miami-Dade County, Florida thereof a/kfa 6457 SW 60 Ave., South Miami, Florid (herein after known 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: 1. The Developer shall commence work on the property transferred under this Deed for the development of a 3 bedrooml2 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 Page 1 of5 established by United States Department of Housing and Urban Development ("HUD") for 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 less, 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% ofHUD 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% ofHUD guideline for median income families; h. Miami-Dade County Residents whose income is equal to or less than 120% of HUD guideline for median income families; and 1. 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 pennit 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 Page 2 of5 the basis of race, color, religion, sex or national origin in the sale or in the use or occupancy of the property or any Improvements erected or to be erected thereon or ort 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. 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 mortgagees) 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 mortgagees) 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 ("MAl"), (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 (~fsuch 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 Page 3 of5 property is titled in its name without the prior written consent of the Agency, in its sole discretion. 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 SMCRA 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 HUD affordable housing income guidelines. 8. In the event the Developer shall violate or otherwise fail 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 19 th Street, #502, Miami FI 33126, e-mail to anne.manning@earthlink.net, or facsimile transmission to 305-471-9750 or courier. If Developer fails to remedy the 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 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 lien 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 and 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 of5 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 afIordable 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 sct its hand and seal the day and year first above written. ~~l~ (Jt'X~~> Printed: .' . Maria M. Menendez ~ ~(1 . '. ~ .. . . "c-'A ",,-,,-,,_.. ~- ". ltness '. Printed: ~r{Q\ (fe.. Counci.} Grantor City of South Miami Community Redevelopment Agency By: iltll!¥#:!c"-h-"-a-irp-e-rs-o-n-SEAL 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 Community Redevelopment Agency and Miami-Dade Affordable Housing Foundation, Inc., acknowledged before me that he executed the same, and who presented as identification the following: ________ -'--~ .---,and he did take an oath (or affirmed). ~t1 WITNESS my hand and official seal in the County and State last aforesaid this I,:;, day of February, 2012. -,. __ --'W:.-,. ~~ ____ _ Notarypu~ '. NKENGA A. PAYNE Printed: _ ... J,,",ki~a'fLlt~l)(_. __ MY COMMISSION 1# EE133382 "",t J EXPIRES October 05, 2015 Page 5 of5 " AGREEMENT m~'rWEEN DEVgLOPJm AND THE C1'1'YOFSOUnr MIAMI COi'rltvlUNlTY REDEVELOPMEN'l' AGENCY TfnSAGREEMENT is made this J.f!:.. day of November, 2011) between the South Miami ConunUl1ity Redevelopment Agency C'AGENCY') and Mjamj~Dade Affordablt;1 Housing,Follndatioll j Tnc, ("DEVELOPER"). WHEREAS) the AGENCY and the DEVELOPER desire for the DEVELOPER; to obtain all construction financing; to design and build the homes to the satisfaction of the AGENCY and to meet or exceed LEED Silver certification stilndurds ; to prepare. ull6f the construction documents, including but not limited to the plans,wol'kingdrawings and specifications; to obtain all necessary permits for the cOf\stl'tlctionbf a. sillgje family home on each of the properties identified in ~xhib't Crto mf\l'ketthehornes; to provide HOD! SMCRA Re-Development Plan approv~dhot1)ebuyel's (r~SlY1CRA quaUf1edbuyers") With. counseling and to assist potential btlYCl'S in qualifying tbrsubsidies and flnancil1gfrom lending institlltions fol' p~rmanent financing, and; tQdo all things nc;:ces$aryto complete construction of anoftbehomeshrql.1estiotl~ml to solJtho homes to.SMCRA qtJalified buyers; and WHEREAS, AGENCY qualified potential buyers will be selected in accordance with applicable Fede~'al, State, County and local laws and guidelines; and WHEREAS, the AGENCY is the cUl'l'cntowtleroflh y propertyUstedon Exhlbit C, having acquired the properties for thQPl.lt'poseofptoyidin!iarfol'dable housing and to eliminate the blight within the AQr~NC)?, bOtmdaries;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 Pl'opeliy consisting of single family residential home together with all appurtenances, fixt1ll'es, and improvements ("Improvements") as set forth in the Development Plan that is attached to this Agreement as Exhibit D-l1 D-2 nnd D-3 as may be amended; and WHEREAS, the l)BVELOPER. has agreed to construct the affordable home with the designated sales price tbl'each home not to exceed Two Hundred Five Tnol1sandDoHul's($205,O()O,OO) 01' cost plus five percent (5%), whichever is the lesser nmount; and Page I of J4 l{f._. Agency .f1.:!I.=-DEVELOPER , \ 1 t r 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 com"ply with un 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·Dade County (as set forth in Exhibit F 01' as amended by HUD) and as adjusted for the size of the pUl'ChaSel"s family, for affordable housing purchasers and who shall hereinafter be refen'cd to as "SMCRA Qualified Purchaser". In addition, the DEVELOPER agrees that any sale or resale ofthe property over the next 15 years shal1l'equire sale to a subseq\lent SMCRA Qualified Pmchaser whose h.ollsehold has earning at 01' less than J 20% of the A vel'age Median Income as established by HUD for Miami~Dade County based on the then existing HUD income guideline, Of, ifnone exists at that time, then as set forth in Exhibit F, and who shaH hereinafter be referred to as a "Subsequent SMCRA Qualified Purchaser". However, should the home be owned by Subsequent SMCRA Quajified Purchaser for 15 consecutive years, the qualified affordable housing pUl'chasel' shall automatically be released fi'om this restriction, NOW, THEREFORE, in consideration of the covenants, mutual pl'omises and in consideration of $1 0.00 or other good and vaLuable consideration which are to be paid or delivered to the AGENCY, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Recitals-WheteasCliluses, Th~pal'ti~s acknowledge and agree thaUhetecitalscontnhlcdwithin.lhe"whereas clal,l$~$;\ as set forth above, are true and G91'rC()t and that they are hCl'cbyincorporatedby reference into thls Agreement. Thefollowil1g Hstofdocmnents shall comprise the Agl'eement between the pUliies and shall constitute, collectively, the "Contract Documents": This Agl'eement; Wananty 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 purcel found in Exhibi t C; Project drawings, plans, specifications and schematics described in Exhibit D~l, D~2 and D-3 as may be amended in conformity to this Agreement; Insmunce requirements found in Exhibit E; United States HUD (hereinafter l'efel1'ed to as "HUD)}) Affordable Income Guidelines as found in Exhibit F. Page 2 of J4 . orL /\gency ar-DEVELOPER Section 2. Title and Re~conveyance, The AGENCY agrees to provide the DEVELOPER with title to specific land identified in the attached Exhibit C, pl'Ovided DEVELOPER constructs and provides a single family home fOl' a qualified affordable housing recipient for each of the pl'operties 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 fOlm as found in Exhibit A. In the event that there is a defect or cloud (hereinafter refel1'ed to as a defect) on the Agency's title to any of the propelties, 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 tbe date that the DEVLEOPER 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 ofpl'operties found on Exhibit C, Upon the failure of DEVELOPER to build a fully completed home, fol' which a Celtificate of Occupancy has been issued, on each lot within the sc.heduled tillie, as set forth in this Agreement, 01' 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 wUl'I'anty deed shall provide tor such conarffo'n, " "Uponsucfl J'e-conveyance, whether voluntarily or involuntad(y, tbe're- conveyance shall constitute the DEVELOPER's agreement to a change of contractor and assignment of any and all permits, 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, 01' as may be amended, including a finished grade and landscaping comprised of topsoil and grass covering exposed ground and at least two (2) tl'ees the type and placement of which are to be decided by the Agency. The plans and specifications, including lands.caping plans, must be approved by the AGENCY, the City of South Miami's Planning and Zoning . , , .. Depm1mel1t 'and its Building Depa11ment, as well as by the Miami-Dade County Building and Zoning Departments before construction can commence. The DEVELOPER 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 H 4. Agency DEVELOPER I I bedroom) two (2) bath to a two (2) bedroom, one and one half (1-112) bath. The Improvements shaH be conStillcted in accordance with plans and specifications (attached as Exhibit D-I, 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 sale 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) uj)on completion of construction, to a SMCRA QuaHfied Purchaser. Section 5. 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 ofthe deed for the lot in question, whichever is the greatel' amount of time) or one hundred eighty (180) days from the date of issuance of a building permit for said lot from the applicable authQdtYhav~ng jurisdiction, whichever (either the twelve (lZ) l119nths or the onehundtcdeighty "',' . (rs"O) dayS) is tne"shorter peaOCrOI time. Upon thi~'xpiit)ijQn ofihis sQhedu.t~~,ani ' land conveyed to DEVELOPER for whichtheDEVELOPBR has not COll$ttuct¢d4 sillgle~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 affol'c1!:lblehqusing project, DEVELQPJ~R£lgl'eeS to use its best efforts to complete the PrQJ~ctWithhlthet?che.d1.ile. In ihe'cveht the Project is not completed within this timeframe,and thescl1e(}l.lJe is nofe;d~ll<led by the AGENCY, this Agreement shall term i1\at¢ wftho:ut any liability to th,ef\Gl$NCY. In such event, the DEVELOPER shalll'e-convey all of the pL'Operty upon which a foully 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. Qornpliance with Building Cddes. The Project shall be performed in accordance withth~applicabie.cddes, ol'dinancc~ and statutes of the State of Florida, the CityofSo1,lthMiumiand Mialui-Dade County. Se"ctiOlI'T. Atnendm'eTlts. Any amendments, alteratio-ns, or vm:iaiions to-[firs Agreement will only be valid when they have been reduced to writing and duly signed by the parties. Page 4 of 14 2f[ Agency a¢-DEVELOPER 'J " Section 8. Limitation of Liability. The AGENCY desires to enter into this Agreement only if in so doing the AGENCY can place a limit on 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 afHle current tax assessor's valuation of the propcliy. 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 liabJe 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 01' 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 0\' award against the City shall include attorneis fees, investigative costs or pre~judgment interest. Section 9. Continued Compliance. After any payment, ifany, is made by the Agency and applied according to the requirements set forth in this Agreement, '-the'Agency shulfbe autolna"tically discharged from any 'aiiaalTobTIgatlons, liabHlHes ' 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. Right to Reenter and Take Possession of the Property. The AGENCY has the right, at its election to take possession of the Properly 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 constmction for a pel'iod of more than 30 days. A delay caused by force majeure 01' by a subcontractor or supplier shall not be included in the calculation of the 30 day period, provided the delay of the subconlractOl' or supplier is not due, in anyway, to the fault or negligence Of tne DEVELOPER. (iii) Fails to cure a violation of the Agreement within 30 days after receipt of notice to cure 01' notice of default sent to it by the AGENCY. Page 5 of 14 p1/{f Agency ?if DEVELOPER I , (iv) Fails to apply for building permits for each lot conveyed) from all applicable agencies, within 30 days nfter the effective date of this Agreement or within 30 days ofthe date ofthe delivery of the deed for said lot, whichever is the greater amount of time. (v) Fails to complete construction oreach 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. RiskofLos~, 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 oftbe 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 fOltb in Exhibit E. Section 12. Indepcndent Contractol'. The DEVELOPER, its employees and agents shall be deemed independent contmctors and not agents 01' employees Qf AGENCY, and shall not attain anii'ights 01' benefits -generally affoiXled-AGENCY employees. Section 13. Re-conveyance Covenant. The AGENCY may terminate this Agreement and seek re-conveyance of the Property to such extent as may be necessary to protect itselffi'om loss on account of matters including but not limited to the following: (i) Claims of lien against the Property 01' the DEVELOPER regarding the Project provided s1.Ich liens are not bonded off as allowed by law within thilty (30) days of its recording. (ii) Failure of the DEVELOPER to make timely paymenl(s) to subcontt'actors or suppliers fOl' materials 01' labor regarding the Project unless the DEVELOPER has reasonable grounds to withhold payment. -(iii) Reasoiiabte evidence lhilT any portion of U1e Project carmot be completed for the unpaid balance of the constrllction Joan, (iv) Failure to carry out any portion of the Project in accordance with the Contract Documents. Page 6 of l4 li1 Agency ~ DEVELOPER (v) Failure by DEVELOPER to stalt 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 t1'om the applicable authority huvingjul'isdiction, whichevel' is the shorter period of time. Section 14. Venue, Law and Attornels fees. In 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 agt'ee that the prevailing paliy OJ' parties shaH be entitled to recover from the other party 01' parties after entry of final judgment, prewjudgment and p6st- judgment attomeys' fees, including attorneys' fees for any appeal, and costs incurred in bringing the suit 01' proceeding. Any action adsing out of this Agreement shall be brought in MiamiwDade County, Florida, and shall be subject to Florida law, Section 15. Best Efforts on Construction Timetable. DEVELOPER agrees to use itsbesteffol'ts to complete the const11.1ction on each of the lots being conveyed withjn twelve (12) months from the date of this Agreement 01' within twelve (12) months of the date of the delivel'Y of tile deed for the lot in question, whichever is the greater amollnt of time, 01' one hundred eighty (180) days from the date of issuance of a building permit for said lot from the applicable authority baving jurisdiction, whichever (either the twelve (12) months or the one hundred eighty (180) days) is the shorter period oftime. In the event the Project is not completed within tills time frame, and this construction schedule is not extended in writing by AGENCY, this Agreement shall terminate and title and possession of the pl'Operty shall be retumed, by DEVELOPER, to AGENCY. Section 16. Representations and Covenants. DEVELOPER hereby represents and wal'l'ants to the AGENCY the following: (i) DEVELOPER is a corporation duly organized, validly existing and in good standing unde!' the laws of the State of Florida, There are no proceedings or actions pending, threatened 01' contemplated against the DEVELOPER including but not limited to any action for the liquidation, termination Ot' dissolution of DEVELOPER. Page 7 of 14 Iff-. Agency J2!t-DEVELOPER (li) DEVELOPER shall apply for 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 lot, 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 al'e 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 havingjurisdictiol1 over the approval of building plans and the development ofpl'Opeliy. , (iv) DEVELOPER shall complete constlUction of the home on each of the lots within twelve (12) months from the date of this Agreement 0)' within twelve (12) months of the date of the delivery of the deed for the lot in question, whichever is the greater amOl.mt of time, or one hundred eighty (180) days from the date of issuance of a building pennit fo), 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 oftime. (v) DEVELOPER covenants and agrees that the Property shall be sold to SMCRA Qualified Purchaser. (vi) Upon tl'Onsfel' of the warranty deed to DEVELOPER, DEVELOPER agrees that any sale of the property by DEVELOPER shaH 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 t'e~sale of the property shalll'equil'e sale to a Subsequent SMCRA Qualified Pmchasel', This provision shall survive tel'mination of the Agreement. (vii). Wal1'anty: The Developer shall repair 01' replace all work performed and materials and equipment ful'l1ished that were not performed in a workmanlike fashion OJ' not ful'l1ished in accol'dance with the telIDS ofthe Contract and Contract Documents, find shall make good all patent defects thereof that have become apparent before the expiration of one (I) year from the date of the issuance of the Certificate of Occupancy. Nothing contained in this Agreement shall limit the Agency from enforcing ihe warranty for latent defects discovered more than one (1) year following the issuance of the Certificate of Occupancy. lfnny part 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 DevelopeI' i'efuses or neglects to commence such work Page 8 of 14 J?li Agency ~ DEVELOPER within five (5) days from the date ofreceipt 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 01' its Surety. Section 17. Termination without Cnuse. The AGENCY is conveying the. Property to DEVELOPER as pali of the AGENCY's progmm 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 defmed, on each of the lots being conveyed and to obtain a certiflcate 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 hundl'ed eighty (180) days fi'om the date of issuance of a building permit for said lot fi'om the applicable authority having jurisdiction, whichever (eithel' the twelve (12) 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 foul' (4) month, to complete construction upon delivery of a written request to the AGENCYDil'ector before the time for completion has expired. The.l'equest will not be unreasonably denied by the AGENCY. In the event the DEVELOPER fails to construct a residence and obtain the required Celtificate 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 Pt'operty to the AGENCY, subject to any encumbrances against the Property filed bya 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 mat'ketable 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 porform 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 pt'operty shall reveli back to the AGENCY. DEVELOPER shall have no right or claim fol' reimbursement for any expenditllre incurt'ed for the improvements made to the Property. All improvements made under this Agreement shall be l'etained by the AGENCY in ftdl satisfaction and liquidation of all damages slIstained by. the AGENCY, and the AGENCY shall have the right to rcentel' and take possession of the premises and seek such self-help I'emedies as shall place the AGENCY in exclusive possession of the premises to enforce the reverter clause provided for in this Agreement and wal'ranty deed. If for any reason DEVELOPER fails, neglects or refuses to rc-convey the Property, the AGENCY may seek specific performance Page 9 of 14 erf Agency ~ DEVELOPER t ' to obtain the re-conveyance of the Pl'Opelty 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 18~ Force Majeure. Neither party shall hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, 01' other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented 01' 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 industria! disturbances, or protest demonstmtions, Should sLlch acts or circumstances OCCtH', the parties shall use their best efforts to overcome the difficlllties and to resume the work as soon as reasonably possible. Section 19,. Independent Contractor. DEVELOPER, its employees and agents shall be deemed independent contractors 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, con-espondence and communications between the AGENCY and DEVELOPER shall be deemed sufficiently given under the terms ofthis Agt'eement ifsent by facsimile transmission, e-mail, ct' dispatched by registered or certified mail, postage prepaid, return receipt requested, and addl'essed as follows: If to the AGENCY: If to DEVELOPER: Director, Stephen David SOllth Miami Community Redevelopment Agency 6130 Sunset Drive Miami, Florida 33143 Fax: 305-668~7356 E-mail: SDavid@southmiamifl.gov Anne E. Manning 7300 NW 19 1h Street, #502 Miami F133126 Fax: 305-471-9750 E-mail: anne.manning@earthlink.net Section 21. Purchasers. It is agreed that all qualified buyers shall be l'equire 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 iO of 14 ilt Agency t1f:'. DEVELOPER home listed on :Exhibit C is restricted and all deeds to the qualified buyer shall contain the restrictive covenants concerning re-sule 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 foJ' ownership or occupancy adopted by the AGENCY, which shall ensure that subsequent purchasers meet the requirements of a "Subsequent SMCRA Qualified Purchaser ll , as previously defined, Section 2~. Records and Costs. The DEVELOPER agl'ces 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 othel' records of the DEVELOPER, which al'e 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 pl'opel' flpplication and use of all funds paid by, to or for the account or the benefit of the DEVELOPER. The cost of constmction, for the purpose of determining the sales pl'ice shall not exceed the following percentage of the total costs to build the homes: all pl'econstl1lction 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 01' in consequence of the performance of this Agl'eement at all trial and appellate levels. Indemnification shall specifically include, but not limited to, claims, damages, losses, liabilities and expenses arising out of 01' 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 subcontractol's, agents servants or employees; (c) any damages, liabilities, 01' 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 inch.lding both patent and latent defects; (f) failure to timely complete the work; (g) the violation of any federal, state, or county 01' city laws, ordinances or regulations by DEVELOPER, its ,subcontractors, agents,servants,.independent-cont1'8ctol's-or employees;-(h) the breach or alleged breach by DEVELOPER of any tem1 of this Agreement. P<lge 11 of 14 gr Agency DEVELOPER t, I I ! I Section 24. AssiglU11ent. Neither palty shall assign its interest in this Agreement without express written consent of the other patty. Any violation of this provision shall constitute a default of the DEVELOPER's obligations under the terms of the Agreement. Sec.tion 25, Tuxes, Mortgage and Obligations. The DEVELOPER (or successor in interest), shall pay the real estate taxes or assessments on the propeliy 01' any part thereof when due. DEVELOPER shall not suffer any levy 01' attachment to be made, 01' any lien, 01' any unallthorized encumbrance that is not transferred to a bond within thirty (30) days of the recording with the exception of the following: (i) Any mortgagees) in favol' or any institutional lender for the purpose of financing any hard costs or soft costs relating to the construction of the Improvements in an mnount(s) not to exceed the value of the Improvements as determined by an appraiser; and (ii) Any mortgagees) in favor of any institutionallendel' 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 mOl1gage purporting to meet the requirements of clauses (a) 01' (b) above, ofa statement ofvulue by a Member of Amcl'icnn Institute orRenl Estate Appraisers CMAI"). (01' member of any similar or successor organization), stating the value of the Improvements is equal to or greater than the amount of such mortgagees), shall constitute conclusive evidence that such mortgage meets such requirements, and that the l'ight of any reentry hereunder shall be subject to and limited by, and shaH 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 01' othel' chad table 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 m01tgages 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 mOltgage without penalty and the ,mortgBg~ sh;;).ll nQt b..1!_C_QlU~_dJ.I~ __ o.rpayabJe solely hy reasonof.the transfer-of the properly to the Agency in accordance with the terms and conditions of this Page 12 of 14 ,,((I Agency _~/~ DEVELOPER I ·1 -f .: deed. All mortgages issued by the DEVELOPER as mortgagol' shall provide that the AGENCY shall be given notice of any event of default under the terms of the mortgage 0)' mortgage note within 20 days of such event. In addition, the mortgage shall provide that any l'e~conveyance of the title to the AGENCY shall not trigger any disadvantage to the AGENCY. Section 26. Severability. If any provision 01' provisions of this Agreement shall to any extent be invalid 01' unenforceable, the remainder of this Agreement shall not be affected thereby and the remaining provisions shall be valid and enforceable to the fuJlest extent. Section 27. Miscellaneous Provision. In the event a court must interpret any word ot' 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 01' 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 01' 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 01' rental or in the use 01' occupancy of the property 01' any Improvements erected or to be erected hereon or on any part thereof; and this covenant shaH be binding to the fullest extent permitted by law and equity, fo!' the benefit and in favor of, and enforceable by the AGENCY, its successors and assigns, and any successor in interest to the property, 0\' 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 01' suits at law or in equity or other propel' proceedings to enfol'ce the cll1'ing of such breach of covenant, to which it 01' 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 ihis Agreement. The representative of the AGENCY shall be the AGENCY Director; the representative ofthe 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 01' material by the AGENCY, its Architect 01' Engineer, if any, or by any 'ageM-ol~TepJ'esentative-ofthe AGENCY s/mthlOt (:Jpei"uteas-aWaiVer oftne Page 13 of14 :-(lfL Agency ~ DEVELOPER I I t, AGENCY's right to demand strict compliance with the terms and conditions ofthis Contract. No act or omission or verbal representation or statement shall be treated as an expressed or implied waiver and all waivers shaH be in writing signed by the party who is alleged to have waived any of the terms an<Vor conditions of the Contract ot' 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 modified, amended or waived except in writing signed by both parties. The waiver 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\ Waivei' of Jury Trial. AGENCY and DEVEOPER knowingly, il'fevocabJy voluntarily and intentionally waive any right either may have to a trial by jury in State 01' Federal Court proceedings in re~pect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the pei'formance of the Work thereunder. IN WITNESS WHEREOF, the AGENCY and DEVELOPER have caused this Agreement to take effect on the day and year first above written. WITNESS: 11\, ' ',£ , ,', '. ,I '\', () (l):;)hJ0. , -U~\; , ._--.,' Miami-Dade Affordable Housing Foundation, Inc. ~~~e:~i A.Jones . Title: Executive Director SOUTH M1AMI COl\1MUNITY REDEVELOPMENT AGENCY By: __ IJJv~/(VlljtJ1~~ ", '/~' .;'" Name: ' PhilIp K Stoddard Title: Chairperson Page 14 of 14 .. lJ!. Agency CXt-DEVELOPER EXHIBIT A United States HUD (hereinafter referred to as "HUD") Affordable IIousing Guidelille . ( $U41~5t) S-ii8450 $72900 Example of a SMCRA 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 SMCRA for an affordable housing purchase and whose income is below $66,240.00 ,.. , EXHIBIT C FRANKLIN SUB PB 5-34 LOT 5 LESS W2.SFT BLK I LOT SIZE 5875 SQ FT bearing folio number 09·4025·010-0060 alk/a 6457 SW 60 Ave., South Miami, Florida. Deed Descripfion: LOT 5 BLK I or FRANKLIN SUBDIVISION, (lccording to (he PIIlI thereof, 115 recorded in Pia! Book 5, at Pngo 3<1, oflhe Public Records of Miami·Dade County, Florida . Franklin Subdivision, PB 5-34, Lot 6 less W 2.5 feet, Block J, Public Records of Miami-Dade County, FL. Vacant Lot Size 5875 Sq. Ft.; bearing folio number 090-4025-010-0070. Deed DescrIption: Lo16. LESS lhe Wes12.50 feellhareof, Block I. FRANKLIN SUBDIVISION, according 10 Ihe Plallhereof as recorded In PIal Book 6, Page 34. of Ihe Publlc Records of Mlaml·Dade County, FlorIda Franklin Subdivision, PB 5-34, Lot 7 less W 2.5 feet Block I, nnd alley Jyg S &.Adj. CLOSED PER R·92-1517 Public Records of Miami-Dade County, FL Lot Size 6180 Sq. Ft.; beal'jng folio number 09-4025-010-0080; alkJa 6487 SW 60 A VB. South Miami, Florida. Deed DescrIption: Lot 7, LESS the West 2.50 feet theteor. Block I, FRANKLIN SUBDIVISION. according to the Plat thereor, as recorded In PIal 800k 5, Page 34, of the Public Records of Miami-Dade County, Florida. Franklin Subdivision, PB 5-34, Lot 8, less beg NW Cor Lot 8 Th E.2.5 feet, S 46.72 feet, W 3.05 feet, N 47.67 feel to POB Block 2, & 4 feet alley Iyg N & Adj. Closed Pet' R-n-1SI7; Public Records of Miami-Dade County, FL. Lot size 55.00 feet x 117 feel; 6318 Sq. Ft; bearing folio numbel' 09-4025-010-0090; uk/a 6501 SW 60 Ave., South Miami, Flodda. D(!edPemlp!IM: Lpt~, BIbeR 2,01 FRANKuN$tJa(jlVI$IO~J. accordingl6Jha Plallhefeof,. af} (ecordl3d til plat BoqK I$;Pago34, oilhe Pwbllc;Recor(isofMlamH:)acteCo\mty, Floilda;.LESS beginllfngat Ina . Ncrlhwestcorner o($ald i.;{,)tll;1I1ollC:Q:Easlerly,illong IneNortn Une Qtsaid !oll,}. for a dls\tJoceof 20'60 (Q~I;lI'\QlJceSooth(ltIYf uioMra lilllilZ:.6QJeetSast9fii!s measured at rightangles to and parallfil wilhlhe we$lllneo'~qld L916, (oradis(ancaofO:.SO feeHoa poInt of CUlVatU(O Qla~6Ufve 10 rho fefthavlng . a radius of197l> 00 f~at; IhencoSQulherly. along lhe arco( $(\/(1. CUlve Ihro.tlghacentrai anglo of 1" 21' 10", {Of'" dlslanc(lof46, n ft;e11o apoln!<iii the. South line of sald~oL~; thenco WMterly. alolig saId Soulb I[no.(o( a (Ilstanceof 3;'OtYfeello IheSoulhwesl corner of saId Lot8; thence NOltherly; a/(mglhe West lil)()otsal(!Lo! (I, Jore dlstanco of 47 SHoot to!hePolnt of Beginning Pa(<;4l1doIlUQllftlil)lI NlJl'llblit: O(l'40~5·010;O()90 Larkins Townsite PD 2-105) Lot 8, Block 2, Public Records of Miami-Dade County, FL. Lot size 7150i beal'ing folio number 09 .. 4025-028-0200; a/kJa 5928 SW 66 SL, South Miami, Floridn. Deed Desc(lptlon: LOT 6 ~LK 2 LIIRXINS TOWNSITE fB 2 .. 105 Pines Subdivision, PB J 3-2, Lotl & W ~ Lot 2 Block 4, Public Records of Miami-Dade County, FL., Vacant Lot Size 3525 (37.5 x 94; bearing folio number 09-4025~009-0240. PIl(1dOitSCilp!lot1:lotcl, and the WeSlflalf{wV2)'oftot 2, Block 4, The Pines, a subdivIsion of the City of SO(JtltMlal11i;Mlami~Dade County, rloi:fda,acciirdlng to the plat thereof', recorded in Plat Book 13, at page·~j6nheP\.lblic Records of Miainid)ade County, Florida. (Miami-Dad!;! County Property ldehtiflcatfonNumbnr: 09·4025-009,0240) ", ". " v.," ' ... ".". . '". )0 ".o',{'·o' i I: ST£V£N LURII\. I?A <Ji2J1J 3 DR I ;: BATH EXHIBIT D-l FLOOR PLAN QP1'ltW 2--D 1.558 Sf UNDER AiR /.u DR,,'Mlles J~O i'lHmW IlAnA'At APPr,\RlI/G HEat!!1 C~%i111J1( GRIG'UAL AJIO UIIPV911S11ffi \\'cn~ cr niC ,nClll1[CT 1);( 5,\V( UM II(H or OUPLICAlW, US(o QR UI5(05(o 'hlmOIH IIl1lTlfli COII$(NT cr mE ,IACHIT,Cr, \ i , i " )'! U' I .:, 12 sr-- EXHBI'.l. D-2 FRONT ELEVATION ~~~ EL:::1S'-O· &- EL=8,-sn rm I L '" Ur i W .. · fll " -L-.. -o I i Ij II II~ _ , j \.1 i ! J ',J L-..-_----.J 11 f it ~,lml ,I, .. !'u, I. .1 ~ ,. II STEVEN LURIA, RA 9/2/11 3 BR I 2 BATH OPTION 2-B L500 SF UNDER AIR FRONT ELEVATION SCAJ...E:: 1/4"=1''::':O~ ALL ORAWlNGS AND WRITTEN MATE:F<IAl APPEARING HEREIN CONSTITUTE ORIGINAL AND UNPUaUSHED WORK OF THE ARCHITECT. THE SAME MAY NOT BE DUPUCATEO. USED OR DISCLOSED wrTHOUT WRITTEN CONSENT Of THE ARCHITECT. ~ ~ I ~ ~ ~ .. ~' ....... -'---- ,--~--"":"'~ 0.:. " EXHIBITD-3 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 IS BENJAMIN MOORE OR EQUIVALENT NO voe 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 INSULATION WILL OPEN CELL SPRAY INSULATION ON THE UNDERSIDE OF THE ROOF SHEATHING INTERIOR WAllS AND CEILlNG-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 OE APPROVED ENERGY STAR FIXTURES TO OE APPROVED AS SOON AS THE WORKING DRAWINGS ARE FINISHED TUB AND SHowm WAllS MUST BE COVERED WITH DUROCK OR EQUIVALENT FOR THE TILE AREAS. GREEN BOARD IN THE BATHROOMS. FtoORING, CABINETS, COUNTERS TOP SHALL NOT EMIT voe's. GRHN ~OARD NOT NECESSAR,{ IN KITICHEN EXCEPT BEHIND SINK. IF POSSIBLE TILE TO BE OF RECYCLED MAIERIAlS. ADDITIONAL SPECIFICATIONS /\RE AS FOLLOWS: HVAC TO BE SIZED WITHIN 1/2 TON OF CALCULATED TOTAL LOAD. CEILING FANS TO BE USED IN BEDROOMS AND GREAT ROOM, SOtAn liGHT TU8E WI INSUL REFlECTIVE TUBE TO 8E INSTALLED IN GREAT ROOM DECIDUOUS TREES PLANTED ON SOUTH SIDE - NATIVE SHADE TREES ON EAST AND WEST - ALL DUCTWORK JOINTS TO BE SEALED WITH MAsnc EXI-IIBIT I~ ARTICLE 5 -INSURANCE 5.0 . ThilOBVBLOI)HR.shllll'pll(Ch.ilS9.iT91ll.a111i IIl.ufl)ltllninlicompanyor ~olJlPtllli~s f;lwfuJlyriulhori?cd Ipdl) business lirl1t~j\id$diciiOldll \,,ilifcl! dleProJe~t is lot;l)ledllttch /IlSUrailCclls Will Pfi.J!l;CIJlw DINEt.OPER fromdrilhi$ ~.CI (oithblll<iwwhiCl! ill~Y \lrl~~ oulQfQr.\'csllll from tho DEVELOPER's 0lJCmt!OIIS under tllc C<mtrrtcf:l!ld. fbI' whichlhe DBVELpPER.mIlY b.e leglllly liaole, wMlher suchoperation$ bobylhu DBVELOPER orbYIlSubconlrncloror l>y.llnyoncdlfi,lctly ot Indirectly. employed by lillY of Ihem,·or by Mlyone for WllOSC aels Ilny or them mnybu /Jahle: . ,5.0.1cluill:lS tlllilerworket;1'~p!llJlC)ns1itioll¥dlsabjJjly bcnefil and olher simi tar employee benel1t aCls . whlchat(:fippll\lfibJeIOUie%~klo blJpcrforUlcd; 5,b.2cl"lmsrQr4il:ij~ng4$bilCilljSU'orhodJlylnjllry, occupalional sickness Qr diseuse. or dealh of the DBVELOji~l{!s~nlJiIt)Y~I;$; , ...... ... . 5,Mcliijill~ft)rdfllriiigc.sh¢.cMI~C Qr~odHyinlury, sickness or diseuse, or dealh orany persoll olher than the QnYf£~()peR'scli1ployccs; 5.0;4~liiims f{)r~1Il)'JO~~5 itls~rcdl>)'\l5uiilpersonnl illJu~ liability coverage; 5..0~5 l)ll1lins. fdrdnmaeCSi~lhcr!lmnfu the Worl< ItseU; because of Injury to or destrucllon oflouglble propcrly,lllilhtuhlglossuri,serosuhIJl&thcrc/(9m; 5;0,6 clninls fordnmagos b!l¢Il\lsc l:ifbodily Injury, death of a persoll or property damage arising out of Qwnershlpio1j)intellanco or IlSll ora molor vehicle: 5;0,7 daimsfor bodifyil\lUJ)'()tllroperly dfllllogc arising oul Qf completed opemHons; lind JiM olilhns lnvolvjllg~olll.rMlnulllilbimy Insurance applicable 10 the DEVELOPER's obtignlions t:;QI:t~4mlllg lheProjccl PBVELOPBR'sLlllbilfly I~~urlili¢e; '. . 5.1 I)EVJH,OPBttshnUJ'roYN~<ljjdm.Jiin!i1iil inJorce until all Ihe Work to be performed under this Conlract , /lliS been ¢omplcled nn(ja9ccjltl:<l.byAQ.ENCY(or for such duration os is olh~twise specified herelnofter), !he l/lsllrllm:c cOye(ng~seff<irtn b\l19\r~ 5:J .J \VorkctsCilmp¢lIsatiQli h,SUriHt(.!Qat !!le~ia.Wtory Amounills to nllcmplo)'ccs in compliance with Iho ~'W{)rkcr!J! <:()mp~nsjlIlI)11L.l\W~of' thl'l.Sll1te of Florida onel nil nppll(!ublc Ccatcmi lows; In lld~irlon.lhepollCy(lcs}Jl\USlll)clll~c:EnlPloyet$· Liability at IhcMaMoryeovem,\Wl1l1lounl. The D.llVSLQPE.R. $/JaU. f\)rllierlusurclhnf. nil ·of ll.l! Subl;onlraclors Il11lln1nfllllflproptinle levels of Wotker·sC(llllJl~IU!lII(ll1ln$llrm)Clt. .. . .... . .... .... ....... . 5. L2 ~9nmr~hchsiv((dcncl'411 L/noilily wHir \i)in.illllllil ·lIuiiliof1\vo Million dollars· (S2,OOO,OO(J,OO) lletQc~UmoCc co.ml>hlqdsinglclJmil for Bo:><!ily lnNry Linhility andi'roperty Damagej.fabHfw; Coverage mlllit~cfl(f~tded91~ 1\ form no ii)Qrcreslri~!lve.thilll the lalest ediUon of .Ih,e CQmprilhimslvc GOllcrulLiiilbilitY p(lll.cy.'~i!ho(1tre$tricllvctllld(lrscmenls; as filed by lhe '/I~urnnccSelvii;Jls Office'for llie Siall: of P/oti.d.r),Md illtlsfinc)udc: 5,1 ;2(~) PreJnJ~c~JlMOpomllolJ . 5,1:2{b)llldepll.lIdl;111C9)}ltilclotll 5; l.~ (e) f>f(Jduelsll):ld/orCo.inp!blodOperlllioIlS Hazard 5,h~ (d)P,,:(ptQ~im!JCQI/I'lP$C illJdlJodergroul1d Hnzllrd Coverage 5.1.2 (e) llro~~IFonllpn)l)ei1y bilmllgc .... . . .. . .. 5.1,;2 (f) Broad l\'ornCQllltllct\iill COY¢mgffnflPnCllblcIO!bls'$pe~lf1C Contract, iilCllldlng IIny hold hnrmiess uudior /Hdcllmifl(:QHollllgreemcllt. 5.1.2 (g) Personal Injury Covctl(gc wHlrEulpJoyco nud Conlrrictll!!J Exc!usions removed, wilh minimum llmils of covcmg{! e~\l1l1IOlhoS91'1!qliired for Bodjjy Injury . . . J.,inbilltYlllld PropcrlyDol'llngc LlllbililY~.. .. ..... . . 5., I ;3 Business AutomobileUllbilHy \vlth minimum HllIils<if1\I'O MilHonDollnrs ($2,000,000.00) plus al'lllddHk}Jjil./ l\voMiJlj~1l Dtjllur (S2,OOO,()OO.OO) umbrella per (jccurrcncecombincdsinglelhnil for Bodily Injury Linbilfly find Properly Datllnge Lifibility. CQveragemi:Jstbc llffordcdon u./orm 1\0 mo~crcslrjclive dinn thelalest edition of lito Btisiness Automobilc. Liability policy, WilhiiHf rcslricHv¢cmforsclllcillS, os filed by lhcfn$utQIICeS¢fvices bfliClt 1\)[ the S.tale of Plorldn. IHlli mllsl inclUde: . .5.1.3 (n) Owned Vehicles. ." I 5.2 S.3 5.'1 5.6 5.7 5.1.3 (I» Hired and Non-Owned Vehicles S. f.:f(c) fiIllP).:)Ycf,s· Non-Ownership 8r:focl}slarJlng Ihe Work, th(l'r)ij\ll~LOJ>ERsll\lU filewilh Ihe J\OJ3NCYc(;rlifi'::iHes of such· ill~I)I'lInCe. ;tCCt1piliblll t()il)cAOENCY,\vhich1)lU51 {!Ol\lnin, .1lI11ong olh¢( tlill1gSilli~ ni)l1Ic,' n(ldrcssillldle1epbolll) l111mbcfilf !hel!ls1J.mllC¢og~III.¢rI.II'okli/' through whom Ihe IloHcy wAsobhiilicd. II provisioulIIJdi/lglhe AOENCYal :irl'nddltlbllillnnmed in$ured; Ihc$cccrtilkll(es Sbllilcolllilini( provision Hlot Ihe coverage aO'Qidcd \illdct\he})oliclcssllnll nollle cllllr;cled.or mQlerlnlly ellllugcd tuliHat IClISllhlrly (JO)du},sl)rior wriu(:f)Jloilc~ has be!;" given by the i!lsurer to (h~ AQBNCY by ccrillicd Ilwil, Tbo lnsurccshllll u(lra!eu A,Vllot betWper A.M. Bes\'s Key RUling Gliidt), ItwIsled!lloll;imd authorized 1<;1 issull inSlIr.1!ltU in the SIIIIO of Florida, 'fhe DIWaWPER lIgn:elllhilt ifany purt oflhe Wotkillldcr thQCOIl\(;lct is sublet, the SUbC;0I1ttlll;t shllll confah) Ihc>smll~ !nsuhii1cc l'rovi~ionlisMI fM/! In sccli(,ln:;.l .l\ild5.4 Ilbov(l, Uinls\ibslillilinglh!)wof!l S!J11CONTRJ:\CT9RJ'or,ibe \\'o(d .DnV~LOPER w!tcn> ~l>pljCil~lcl.bowevef, 3t tho I)HV~LP~Rl$ di$c(~t!~n, lhe IlinilsQri\SU!J~9n{(llctor'$ il\sura!l.~e)lluY,b:cFive Hu!)drlld'fhousilild Dalll'lrs (SSO(),QOQ.,OO). Fire flndBx~eud.e~ Co"cITlgo'/nsl'rmtce(B"ilders' I~Isk): 'fnePEVBL()PEl{slmlt j'ijoljilnil},nsIIPplknblll' In fill .lilsuffillce Coriipruiy Of lnsurallce. Companies Mtl~phlj)IQtOtll¢AGBNtWJ Flre,Extended Covcrag".al)d Vl1lldlllllilll.~ MilH~io(IS Mischief II1SUIllllCC Po bulldlngstllld$h'Ucltncs •. \vhiluin lh9.c(}Urscof cOllstructi()ll,ill yllllUng fOUndatlollS, odQillollS,aUachllltlnlS lind nil pcimnncntflxltlrCsoelongl!lS 10 lind COilsl.ltullnglltlottofsaiqblllldlngs orslruelufCS. 'fila policy or policies shnlllllso ~mvcrlnflchinery. Iflhecoslljfmac\Jiflcry Is Included 111 !hC.Conlrilcl.qtiff!tcl'(Il\chinery toealed il' II bull41llgthiit Is bclngronoi;lllcd by. 10.1)5.01) pf Ibis c()lltmct. Thc)1ll1opnJofjnsuroneeOlU$t lltn!! IUliusbcllt.lclISI e~Jllal.ll:) Ihe ac(uj\!ClIShVill\.lc()fthchlsllI·c(\propelly. .'. . . 'rhe policy shallbeJlll~~'.1tilfl~()flhc A(3BN¢Y'nn~ Ihe l)Bvntg'Flm., as their interest may uppoar, nnd sl!allnlsollov¢rtll/} Inl~r¢stsQfllIISubc))nlinctor$!le~rormh)g WorK. The nEVBL()pngshQlfpro'vj4~ Ihe,'Aq~NG'lwllhsnll~OlctQrycVldellUe wlifyintrJhilllhc foregoing Insllflillc¢ is'lh fufc.l,l;tli1i1,~.~cli~vlqcnc~fillillll~¢tmje p{~ ... J$I(in~W\lnliigJIiIl· AtejENCYoson additional /lilllled 1I1S1Ii,cit!lnd:·~royI9Iill.t.lll~rthi)lifSUml\Ce ihallllot~e.CiJficiilcdol'm~t¢rli'jllyclnmgcd until 01 lenst . IlIirlY(30) dtlYSpf!Qi'wfitt~i1nQtlcu lill.sb~en jtlvcJl·bt tholnsur¢ttO.lhe·AdE'NCY by 9¢1'lllicd lIlD iI. C;JlIf~cJlntlon'rilldlw411svra'ICti: .. ' .. '. '. . . Irll!)Yll0lfc~6r ctiilcilUn.l!b"l)f~IS~rnljC'e.orchnr\gllli~lhe policy. given by Ihe insurallce company or i;l!ouldtmyinsllj'l)I\¢u !1i\Yeat,\ Ilxpirn\l<lIl 4nle. !Ill1twl!l; occur duril1g Ihe period of this Conlrllet, Ihe ))EVSLQPER ,slillllh{jj¢spull$lb!e fOr~()91Irfllg{)lhei" ncceplnble insurance prIor to such cancellallon, cJulllSe, oi'<tXpli'llllb!lSO;llSI\'.I p1'qvidlicOliihmoQs cOV¢fiig~lls specified inlhis section nod so as to mnilllnitl cowirll:se dudoJl !hell ~ ot illjS(;OlljrMk . AlldeducllbJeslllllS!9!:'}!ep.!utild by/ho DEVELOPER lind Iljll~( b~uppi'oY~d l>ytheAGENCY. At Ihe I)pliOlIOf tlW ACBl'!GY,¢jtMr !M: DEVELOPER shallelh\llnni~ or rcdlic~~s\icli deductible or IhQ l)nVEl:O.Pl3~sll«llprocure a 1)om!. j~l a form snlisfaclory to Hie AmiNe,? covering!be same. \ I \ I \ \ MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared M, MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PLANNING & ZONING DEPT, NOTICE OF PUBLIC HEARING 3/13/2012 in the XXXX Court, was published in said newspaper in the issues of 03/06/2012 Affiant further says that the said Miami Daily Business Review Isa newspaper published at Miami in said Miami-Dade County, Ffotld<ianct that the said newspaper has. heretoforElbee~coritinoously,PtJbtishedin sakI. M(E\ml~bClde County, Florida. eac.h .clay(except Saturday/Sunday aildLef:llil Holidays) and has b.eehooteroo. Cis.secqnd.c1ass mall. matt~r lilt the post office in Miami in said Miami-Dade County, Florida,for a period of one year next preceding the first publication of the aUached copy of advertisement; and affiant further says that he or she has neither paid nor romisedany person, firm or corporation any discount.· • cqrnmls$1 . or refund for the purpose o '.. . il'iemerit fO publication in the said n$wspa./;{e~r.:.... ---~-4----T~-- 06 day of MARCH ,AD. 2012 M_ MESA personally known to me AFFIDAVIT Before me, the undersigned, this day personally appeared Anne Manning, who being by me first duly sworn, upon oath, deposes and says: 1. I am an authorized representative of Miami-Dade Affordable Housing Foundation, Inc. 2. I certify that a Notification Letter of Application for Variances for homes to be built at 6457 SW 60 th Avenue and 6501 SW 60 th Avenue in the form attached ("Exhibit A") and herein incorporated by reference, were mailed, via U.s. regular mail or U.S. Certified mail to all the address in the ownership list attached as "Exhibit B." For clarification, attached is "Exhibit C" which identifies the abutting property owners who were notified via U.S. certified mail in accordance with the City of South Miami Land Development Code. ct of Housing Development State of Florida County of Miami-Dade) ,",,If} The foregoing was acknowledged before me on this 0< day of 'Manqing, who took an oath and who is personally know to me. )t~fb ' NQtllri;Pyi:>Ii(j$t~te glf,lotlda Milagr(l$ Castillo .. . .. MyC.llil\fIlissicn EE061446 .'E<tPIC{lS 02103/2015. /wrch I 2012 by Anne E. Notification Letter Application for Variance for 6457 SW 60 th Avenue to build a single-family home By Miami-Dade Affordable Housing Foundation Notification to: Applicant: Miami-Dade Affordable Housing Foundation, Inc. Address of Application Property: 6457 SW 60th Ave. , South Miami, Florida You are hereby notified that an application has been submitted by the Miami-Dade Affordable Housing Foundation for approval of a variance for the property The variance request will be reviewed by the City's Planning Board and the City Commission. The City's Planning and Zoning Department, at 6130 Sunset Drive, South Miami, will have on file all documents, plans and supporting materials pertaining to this application. In addition, the City's Planning and Zoning Department will prepare and mail the required notices of public hearing in accordance with the notice requirements of the City of South Miami Land Development Code. EXHIBIT A -2 of 2 pages L-2175L (87 LABELS) (ORIGINALLY 140 NAMES) FRANKIE LEE STEWART & VIRGINIA SOWELLS 6601 SW 59 PL MIAMI FL 33143-3511 HIGHER PRAISE & WORSHIP CENTER INC S M CHURCH OF GOD OF PROPHECY 6600-10 SW 59 PL S MIAMI FL 33143-3512 ANTONIO MIYAR DUYSEVI KARAN MIYAR 19510 W OAKMONT DR MIAMI FL 33015 TR OF CHURCH OF GOD IN CHRIST 5990 SW66 ST SO MIAMI FL 33143-3550 CHURCH OF GOD IN CHRIST 5990 SW66 ST SO MIAMI FL 33143-3550 CITY OF SOUTH MIAMI CRA 6130 SUNSET DR MIAM I FL 33143-5040 EMPIRE MTG LLC VI 11350 MCCORMICK RD STE 502 HUNT VALLEY MA 21031 WILLIE PAUL LANIER 6009 SW 66 TERR MIAMI FL 33143-3411 ELOISE LANIER & ERMA JEAN JACKSON 6009 SW 66 TERR SOUTH MIAMI Fl 33143 ELENA GUTIERREZ 5967 SW 66 TER MIAMI FL 33143 ROOSEVELT COOPER &W GLEN DENA 15272 SW 103 CT MIAMI FL 33157-1476 RICHARD E HOLTON JR 3521 FLORIDA AVE COCONUT GROVE FL 33133-4950 RICHARD ROBINSON &W CARRIE 9760 SW83 ST MIAMI FL 33173-4043 MIAMI-DADE COUNTY GSA-R/E MGMT 111 NW 1 ST STE 2460 MIAMI FL 33128-1929 ST JOHN A M E CHURCH INC 6461 SW59 PL MIAMI FL 33143-3507 DANIEL MCFADDEN &W ANNIE MARIE J GAVINS 6510 SW59 PL SO MIAMI FL 33143-3510 GERALDINE JEAN-BAPTISTE 6520 SW 59 PL MIAMI FL 33143.3510 JOSE RAMIREZ 6530 SW 59 PL MIAMI FL 33143-3510 WA YMON BROWN &W DELORIS 6520 SW 58 AVE MIAMI FL 33143-3687 SANDRA WITHERSPOON 5987 SW66 ST MIAMI FL 33143-3548 FANNIE M HERRING 6545 SW 60 AVE SOUTH MIAMI FL 33143-3402 WORREKK C TROUP &W MARILYN 5822 SW59 ST SO MIAMI FL 33143-3509 CAROL HARRIS lE REM COREY AMMONS JTRS 6581 SW59 PL MIAMI FL 33143 ETHEL CURGIL (REM) ETHEL CURGIL (REM) 6500 SW59 CT SOUTH MIAMI FL 33143-3506 MARGARET HOLMES 6516 SW59 CT SOUTH MIAMI FL 33143-3506 BRETT BIBEAU &W ALI STEPHENS 1263 SW 18 ST MIAMI FL 33145-1631 MARIO B GUTIERREZ & MARIA A ZAMORA 6566 SW 59 CT MIAMI Fl33143-3506 FANNIE M HERRING 6545 SW 60 AVE SOUTH MIAMI FL 33143-3402 MIAMI-DADE COUNTY MIAMI-DADE HOUSING AGENCY 1401 NW7 ST MIAMI FL 33125·3601 THERESA SAWYER BARBARA T ALUY 6401 SW 59 CT S MIAMI FL 33143-3503 1 L-2175L (87 LABELS) (ORIGINALLY 140 NAMES) THERESA SAWYER 6401 SW 59 CT SOUTH MIAMI FL 33143-3503 VERONICA & DERRICK JOHNSON 6443SW59 CT SO MIAMI FL 33143-3503 MILDRED F MITCHELL 6445 SW59 CT MIAMI FL 33143-3503 AURELIO M FERNANDEZ ISABEL CISNERO 8766 SW36 ST MIAMI FL 33165 GREENE W MITCHELL LE MILDRED. MITCHELL & S DAVIS REM 6471 SW59 CT MIAMI FL 33143-3503 BONNIE M GILLIS 6481 SW 59 CT SOUTH MIAMI FL33143-3503 WALTER & THERESA POWELL LE REM THEODIS POWELL ET AL 6501 SW59 CT SO MIAMI FL 33143-3505 GARY D EISENBERG 11640 SW 69 CT PINECREST FL 33156-4736 MIRANDA D CORKER 6571 SW 59 CT SOUTH MIAMI FL 33143-3505 JOSE RENE GONZALEZ 6591 SW59 CT MIAMI FL 33143 CLEVELAND B MCKINNON 5918 SW63 ST MIAMI FL 33143-2207 CINDALISA BURGESS 5928 SW63 ST MIAMI FL 33143-2207 WILLIE D LlTMON 5932 SW63 ST MIAMI FL 33143-2207 CARRIE ROBINSON 9760 SW83 ST MIAMI FL 33173-4043 CARLOS ALBERTO SERRANO 6851 SW 15 ST MIAMI FL 33144 RICHARD E HOLTON JR 3521 FLORIDA AVE MIAMI FL33133-4950 MANUEL MENDOZA PO BOX 1817 MINNEOLA FL 34755 MT OLIVE MISSIONARY BAPTIST CHURCH OF SOUTH MIAMI FLINC 6316 SW59 PL MIAMI FL 33143 TRUSTEE CORPORATION OF MT OLIVE MISSIONARY BAPTIST CHURCH INC 6316 SW59 PL SOUTH MIAMI FL 33143-2203 MT OLIVE MISSIONARY BAPTIST CHURCH OF SOUTH MIAMI INC 6317 SW 59 PL SOUTH MIAMI FL 33143-2202 I 7 JANNIE M FERGUSON 6317 SW 60 AVE MIAMI FL 33143-2204 MARGUERITE WILLIAMS 6319 SW 60 AVE SO MIAMI FL 33143-2204 JOHN POWELL &W LEONA 6333 SW 60 AVE SO MIAMI FL 33143-2204 COOKIES & CRACKERS CORP 15907 NW 52 AVE MIAMI GARDENS FL 33014 MT OLIVE MISSIONARY BAPTIST CHURCH OF SOUTH MIAMI INC 6373 SW59 PL S MIAMI FL 33143-2202 MT NEBO MISSIONARY BAPT CHU INC 6075 SW64 ST SO MIAMI Fl33143-3404 MV REAL ESTATE HOLDINGS LlC TRS 13943 SW 140 ST MIAMI FL 33186 GE INVESTMENT GROUP INC 7159 SW80 ST MIAMI FL 33143-4334 JULIA S & LESLIE STUKES 6085 SW 63 TERR MIAMI FL 33143-2212 BETIY M ASBURY 6075 SW 63 TERR S MIAMI FL 33143-2212 2 L-2175L (87 LABELS) (ORIGINALLY 140 NAMES) JAY ABRAMOWITZ & KEITH L MUELLER 1321 SW 21 CT FT LAUDERDALE FL 33315 ROSA L GRAGGS 6039 SW 63 TERR MIAMI FL 33143-2212 BARBARA ATKINS ET AL 6017 SW 63 TERR SO MIAMI FL 33143-2212 LASHANDA M REAVES 6350 SW 60 AVE SOUTH MIAMI FL 33143-2205 MONIQUE Y CLARK 6016 SW63 ST MIAMI FL 33143-2209 SABRINA 0 COOPER 6040 SW63 ST SOUTH MIAMI FL 33143-2209 JOHN PRICE JR 6400 SW 60 AVE SOUTH MIAMI FL 33143-3452 CL REAL EST HOLDINGS LLC PO BOX 520158 MIAMI FL 33152 BELKYS M MERCADO 6091 SW 64 TERR MIAMI FL 33143-3407 BRIAN TRUJILLO 8477 SW 158 CT MIAMI FL 33193 VANESSA C BLANDING 6065 SW 64 TER S MIAMI FL 33143 MARIA HORTENCIA VELASCO ROGER MAURICIO COLL 10050 NW 44 TER #107 DORAL FL 33178 LEE R PERRY & JANICE P DANTZLER 6221 SW 62 TERR MIAMI FL 33143-2174 JESSE L WILLIAMSON 331 EMMERSON ST NW WASHINGTON DC 20011 JANICE P DANTZLER 6221 SW62 TERR SO MIAMI FL 33143-3403 JUAN CABRERA &W MAGDALENA 5625 SW 62 AVE MIAMI FL 33143-2107 KENYA D FERGUSON 6041 SW66 ST SO MIAMI FL 33143-3423 BERNICE MCDONALD 6021 SW66 ST MIAMI FL 33143-3423 TEVIS D BACON 6001 SW66 8T S MIAMI FL 33143 LARRY D BURKES &W MARCIA 6530 SW 60 AVE SO MIAMI FL 33143-3403 STEPHANIE GRANT 6531 SW61 CT SOUTH MIAMI FL 33143-3410 NORMAN HOWARD 1331 LITTLE RIVER DR MIAMI FL 33147-3240 . RUBY A TURNER JONES 10781 SW 168 8T MIAMI FL 33157 DlOSSEY PERAZA 6125 SW 64 TER CORAL GABLES FL 33143 RICHARD REDDEN 6124 SW64 TERR MIAMI FL 33143·3408 DORIS MILLER 6100 SW 64 TERR MIAMI FL 33143-3408 SCHOOL BOARD OF MIAMI-DADE COUNTY 1450 NE2 AVE MIAMI FL 33132·1308 3 L-2174L (72 LABELS) (ORIGINALLY 107 NAMES) LINTON RAMBO JR &W LUCILE RAMBO 5918 SW66 ST SOUTH MIAMI FL 33143-3550 MIAMI DADE AFFORDABLE HOUSING FOUNDATION INC 7300 NW 19 ST STE 502 MIAMI FL 33126 FfMNKIE LEE STEWART & VIRGINIA SOWELLS 6601 SW 59 PL ' MIAMI FL33143-3511 PARADISE APARTMENTS INC 151 W21 ST HIALEAH FL 33010 ERSHAD CENTER INC 6669 SW59 PL SOUTH MIAMI FL 33143-3511 i HIGHER PRAISE & WORSHIP CENTER INC S M CHURCH OF GOD OF PROPHECY 6600-10 SW 59 PL S MIAMI FL 33143-3512 ANTONIO MIYAR DUYSEVI KARAN MIYAR 19510 W OAKMONT DR MIAMI FL 33015 TR OF CHURCH OF GOD IN CHRIST 5990 SW66 ST SO MIAMI FL 33143-3550 CHURCH OF GOD IN CHRIST 5990 SW66 ST SO MIAMI FL 33143-3550 CITY OF SOUTH MIAMI CRA 6130 SUNSET DR MIAMI FL 33143-5040 THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY 6130 SUNSET DR MIAMI FL 33143-5040 EMPIRE MTG LLC VI 11350 MCCORMICK RD STE 502 HUNT VALLEY MA 21031 WILLIE PAUL LANIER 6009 SW 66 TERR MIAMI FL 33143-3411 ELOISE LANIER & ERMA JEAN JACKSON 6009 SW 66 TERR SOUTH MIAMI FL 33143 ELENA GUTIERREZ 5967 SW 66 TER MIAMI FL 33143 ROOSEVELT COOPER &W GLEN DENA ~5272 SW 103 CT MIAMI FL 33157-1476 RICHARD E HOLTON JR 3521 FLORIDA AVE COCONUT GROVE FL 33133-4950 RICHARD ROBINSON &W CARRIE 9760 SW83 ST MIAMI FL 33173-4043 MIAMI-DADE COUNTY GSA-RJE MGMT 111 NW 1 ST STE 2460 MIAMI FL 33128-1929 ST JOHN A M E CHURCH INC 6461 SW59 PL MIAMI FL 33143-3507 I i DANIEL MCFADDEN &W ANNIE MARIE J GAVINS 6510 SW59 PL SO MIAMI FL 33143-3510 GERALDINE JEAN-BAPTISTE 6520 SW59 PL MIAMI FL 33143-3510 JOSE RAMIREZ 6530 SW59 PL MIAMI FL 33143-3510 WA YMON BROWN &W DELORIS 6520 SW 58 AVE MIAMI FL 33143-3687 SANDRA WITHERSPOON 5987 SW66 ST MIAMI FL 33143-3548 FANNIE M HERRING 6545 SW 60 AVE SOUTH MIAMI FL 33143-3402 WORREKK C TROUP &W MARILYN 5822 SW59 ST SO MIAMI FL 33143-3509 CAROL HARRIS LE REM COREY AMMONS JTRS 6581 SW59 PL MIAMI FL 33143 ETHEL CURGIL (REM) ETHEL CURGIL (REM) 6500 SW59 CT SOUTH MIAMI FL 33143-3506 MARGARET HOLMES 6516 SW59 CT SOUTH MIAMI FL 33143-3506 1 DOVBDARY SVRV:gy N Graphic Scale *{ () Jd ~e ~---J'~:«J S.W. 64 t h. ST. S!lUIH RiGHT-Of-WAY UNE""-... II ~ LOT-17 BLOCK-l 1 '.';" LOT-4 ~ BLQCK-1 117.50' (R&M) ,~~_ ! ... . . ff ~, .m ~ ill ~ANGO TREE 24'~ VACANT LOT \\ . .;1- 117 .50' (R&M) LOT-6 BLOCK-l ,,§I-':r .• ~r «S • e:..! LOT-1B a 1BLOCK-l o· 01 10 1 LOT·19 BLOCK-l ',R~~~'~ I ?~'~~''!' .. !I',',.i5"f' ..... " 11":< :~·····.~··'",lF."'··· '''1' j ?~ --"" l'\ r -.. - I· ". j '''-'--j---'''--i ~~ 1 N LOCATION MAP .. (NOT TO SCALE) CERTIFIED TO: Miami·Dade Affordable Housing Foundation, Inc., First American Title Insurance Company, Rennert Vogel Mandler & Rodriguez, P.A. LEGAL DESCRIPTION: Lot 5 less the West 250 feet, in Block 1. of FRANKUN SUBDIVISION, according to the plat thereof. as recorded in Plat Book 5, at Page 34, of the Public Records of Miami Dade County, Florida. !BnU *0~*la® Ii. ; ~ g § ~ ~ I/> 5 ~ :; tu '" <! ~ 51 :.) n:; l'Il ~ ~ <0: i? ~ g &;1\ B ::0" (/)5 1®3[3 § J! ~ ~ u.. ~ ~ o~ ~ o· " z . 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D SVRVe'l'O;'~ N,~, 1TJq, A!':vj<lR (m:MM.1)(l..JS.. STATE OF fi".ORIDA ~ NOT VISleu;: E"'CR.O~HMa.::S WER~ fou.~ 01'>1 WE ffiOF5<TY. i.NL!ss, &«.w:~,. "·W SMO'l<'N af\';~:no..'I\S M~ REFE!<?.9:l 1'1> N~ .. 'tj), I~t<t • . .tt~'J.ltH MMK !,,;~p No. f'v .. v~a. loc,~,:rOf< <'!.T:l4W, \<r!'H tu; .... A1'lCil~; 5,5:t" ATl.ANT1C SERi!Cf.S 83!..1 SUNSET ORNE, MI,,',J'i\ Tr;;..: (;)QS) S96·06138 FA.:<: {:so:::) ~96..wiY U:',2(fn 1 0900-0 ~0-Sl:0!>-60 "011 orm NOI!VONnO~ !)NISnoH 31BVQHO~~V 30VO IWVIW "3",0 £,,~££ 1" 'IW1fIW 3nN3J\1f H.L09 MS LSP9 '5>3'00' S31i\10H N33ll9 1f:lHOW "i! JH1fClW '"'''' J:,l'C,Hd W f-o Z W f- ~" a: w f- o Z ill C) ill -l o o 0", -l: LL' !lqijf-~~~i 6sttlO{] "11"/ :ON )-:;,'il.:.n --l ~ W o (? z i= z ::s 0- lD ::J 0:: ::c en I /'J . \1 ;'-} '':~;/. I I CITY OF SOOTH MIAMI PLANNING BOARD Regular MeetihgMinutes Tuesday, March 13, 2012 CityComl11ission. Chambers ... .. ... ... 7:30 P.M: ....: ... : .•. 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 of professional 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), Mrs. Yanoshik, Mrs. Beckman, Mr. Dundorf, Dr. Philips, and Mr. Vitalini Board Member absent: Mr. Cruz (Vice-Chairman) City staff present: Mr. Christopher Brimo (Planning Director), Mr. Marcus Lightfoot (Permit Facilitator), Ms. Tiffany Hood (Office Support). City staff absent: Ms. Lourdes Cabrera (Principal Planner), City Attorney: Mr. Thomas Pepe. III. Administrative Matters IV. Public Hearings 1. PB-12-006 Applicant: Miami-Dade Affordable HO\lsing Foundation Location: 6457 SW 60 th 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. 6457 SW 60th Avenue. Mr. Brimo read the item into the record. Z:\Comm Items\2012\4-3-12\PB-12-006_6457 SW 60 Ave\PB Meeting Minutes-03-13-12 Excerpt PBl2-006.doc Page 1 of 3 The Chairman opened the Public Hearing. There were no public comments. The Chairman Closed the Public Hearing. Mr. Cruz stated in reducing the lot size will this affect the setbacks of the lot on the sides, the requirement of seven and a half or ten feet. Mr. Brimo responded as we indicated at the previous Planning Board meeting the only variance will be to the ones stated in the application they will have to comply with the rest of the Land Development Code (LDC) requirement for single family homes in that district. Dr. Philips stated that if you look at the plans it appear that there is more than enough area provided. Dr. Whitman stated that he looked at the plans and they are seven and a half feet on each side however that does not include an overhang. Mr. Brimo responded that overhangs are allowed to project three feet into the required setback. Mr. Dundorf stated that the square footage listed on the zoning legend does not coincide. Mr. Cruz stated that it's great that the inconsistencies were pointed out however we would not be ruling on this today. Mr. Brimo responded that this is for the Building Department and the Planning Department to review; the Planning Board will not be ruling on this only the variance. Motion: Mrs. Beckman made a motion to approve as presented. This motion was seconded by Dr. Philips. Vote: Approved: 6 Opposed: 0 Mrs. Beckman: Yes Mr. Cruz: Yes Mr. Whitman: Yes Mr. Dundorf: Yes Mr. Vitalini: Yes Dr. Philips: Yes V. Approval of Minutes: Planning Board Minutes of February 28, 2012 -The Board members deferred the minutes for further review. Motion: Although there was no motion, the Board voted to defer the minutes. Vote: Approved: 6 Opposed: 0 Mrs. Beckman: Yes Mr. Cruz: Yes Mr. Whitman: Yes Mr. Dundorf: Yes Mr. Vitalini: Yes Dr. Philips: Yes Z:\Comm ltems\2012\4-3-12\PB-12-006_6457 SW 60 Ave\PB Meeting Minutes-03-J3-12 Excerpt PBI2-006.doc Page 2 of 3 VI. Future Meeting Dates: Tuesday, April 10, 2012 VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 8:38 PM. Z:\Comm Items\2012\4-3-12\PB-12-006_6457 SW 60 Ave\PB Meeting Minutes-03-13-12 Excerpt PB12-006.doc Page 3 of 3