02-06-07 Item 13South Miami
AR- AmwicaCly
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Julian Perez, Planning Directoi j
Date: February 6, 2007 ITEM No.
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
RELATING TO A REQUEST FROM HABITAT FOR HUMANITY OF GREATER MIAMI, INC.
PURSUANT TO SECTION 20- 5.16(e) OF THE LAND DEVELOPMENT CODE TO ALLOW THE
RELEASE OF A UNITY OF TITLE EXECUTED ON MARCH 20, 2006 WHICH COMBINED INTO ONE
BUILDING SITE THE FOLLOWING PARCELS LOTS 77 & 78 LESS NORTH 5 FT. OF LOT 78 & LESS
EXT. AREA OF CURVE IN NE CORNER, (6350 SW 60th AVENUE) AND THE EAST 1 /2 OF LOT 79,
(6016 SW 63rd STREET) BLOCK 14, FRANKLIN SIUBDIVISION, AS RECORDED IN PLAT BOOK 5, AT
PAGE 34, PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; PROVIDING AN EFFECTIVE
DATE.
Request:
At its July 18, 2005 the South Miami Community Redevelopment Agency (CRA) adopted a resolution turning
over two and half lots owned by the CRA to Habitat for Humanity for express purpose of building affordable
housing. The warranty deed transferring the properties requires Habitat to build two single family homes, obtain
variances if necessary, and make special efforts to sell the homes to qualified residents of the CRA area.
Habitat for Humanity developed site plans to build two homes. Both proposed homes required small variances due
to the size of the lots and the fact that Habitat for Humanity builds homes that use standardized design in order to
keep the homes affordable. The variances were recommended for approval by the Planning Board with the
condition that an existing unity of title be released. Both items appeared on the City Commission agenda on
January 9 and 23, 2007 at which time both were deferred because it was felt that technically the unity of title had to
be released first.
Habitat for Humanity, based upon City advise in early :2006, had joined all of the lots into one building site with a
unity of title. This was a mistake in that the LDC requires separate building site for each home. In order to clarify
the situation the release of the existing unity of title must be completed prior to the consideration of any variances
for development. The release of a unity of title must be approved by a resolution of the City Commission after a
public hearing (LDC Sec. 20- 5.16(e)). It is important to note that Habitat for Humanity will also require the CRA
Board to extend the conditions of the warranty deed which transferred the land.
Recommendation:
It is recommended that the attached resolution be adopted.
Backup Documentation:
Draft resolution
Habitat Unity of Title; LTC SEC. 20 -5.16
Public notices
JP /SAY PAComm Items\2007\2- 6- 07\llabitat Unity Title Release CM Cover report.doe
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, RELATING TO A REQUEST FROM HABITAT FOR HUMANITY OF GREATER
MIAMI INC PURSUANT TO SECTION 20- 5.16(e) OF THE LAND DEVELOPMENT CODE TO
ALLOW THE RELEASE OF A UNITY OF TITLE EXECUTED ON MARCH 20, 2006 WHICH
COMBINED INTO ONE BUILDING SITE THE FOLLOWING PARCELS LOTS 77 & 78 LESS
NORTH 5 FT. OF LOT 78 & LESS EXT. AREA OF CURVE IN NE CORNER, (6350 SW 60th
AVENUE) AND THE EAST 1 /2 OF LOT 79, (6016 SW 63rd STREET) BLOCK 14, FRANKLIN
SUBDIVISION, AS RECORDED IN PLAT BOOK 5, AT PAGE 34, PUBLIC RECORDS OF
MIAMI -DADE COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, at its July 18, 2005 the South Miami Community Redevelopment Agency (CRA)
madopted a resolution turning over two and half lots owned by the CRA to Habitat for Humanity for
express purpose of building affordable housing; and
WHEREAS, Habitat for Humanity has developed site plans to build two homes which will
require variances due to the size of the lots and the fact that Habitat for Humanity builds homes that use
standardized design in order to keep the homes affordable; and
WHEREAS, Habitat for Humanity, based upon City advise in early 2006, joined all of the lots
into one building site with a unity of title which was an incorrect action in that the LDC requires separate
building site for each home; and
WHEREAS, in order to clarify the situation the release of the existing unity of title must be
completed prior to the consideration of development plans and any required variances for the home sites;
and
WHEREAS, The release of a unity of title must be approved by a resolution of the City
Commission after a public hearing (LDC Sec. 20- 5.16(e)).
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: The City Commission hereby releases and declares void the Unity of Title document executed
on March 20, 2006 by Habitat for Humanity which combined into one building site the following parcels:
Lots 77 & 78 less North 5 ft. of lot 78 & Less ext. Area of Curve in NE Corner, (6350 SW 60dr Avenue)
and the East 1 /2 of Lot 79, (6016 SW 63rd Street) Block 14, Franklin Subdivision, as recorded in Plat
Book 5, at Page 34, Public Records of Miami -Dade County, Florida; said document having been recorded
with the Miami -Dade County, Florida Clerk of Court on March 23, 2006 and identified as CFN
2006R0312257.
Section 2: The subject Unity of Title document is attached to this resolution and identified as Exhibit
"A"
Section 3: This resolution shall be effective immediately after the adoption hereof.
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N
PASSED AND ADOPTED this _ day of , 2007
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
PAComm Items\2007 \2- 6- 07\Habitat Unity Title Release Resoiation.doc
Commission Vote:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
10/18/2006 15:22 3056384917
This instrument prepared by:
Eve A. Boutsis, Office of City Attorney
City of South Miami
18001 Old Cutler Road, Suite 556
Palmetto Bay, Florida 33157
HABITAT FOR HUMANITY PAGE 02/10
11111111111111111111111111111111111111111111
(Space Reserved for Cleric of Court)
UNITY OF TITLE
OR lrk 2435 3 P95 1587 - 1589; (3Ps!
RECORDED 03/23/2076 1052:06
hiARVEY RUVIN: CI -ERK, OF COURT
HIANI -- -JADE COUNTYr FITORIDA
This Unity of Title, made and executed this 9 day of 2005, by Habitat for Humanity
of Greater Miami, inc.
WHEREAS, the undersigned is the Owner of'that property described as:
6350 SW 60th Avenue
Folio No.: 09- 4025 -010 -0820
Legal Description:
Lots 77 & 78 Less North 5 Ft. of Lot 78 & Less Ext. Area
of Curve in NE Corner, Block 14, FRANKLIN
SUBDIVISION, as recorded in Plat Book 5, at Page 34,
Public Records of Miami -Dade County, Florida
6016 SW 63rd Street
Folio No_: 09 -4025- 010 -0830
Legal. Description:
East '/2 of Lot 79, Block 14, Franklin Subdivision,
according to the plat thereof as recorded in Plat Book 5,
Page 34, Public Records of Miami-Dade County, Florida
10/1D/2006 15:22 3056384917 HABITAT FOR HUMANITY PAGE 03/10
Owner recognizes and acknowledges that for the public health, welfare, safety or morals, the
herein- described property should not be divided into separate parcels owned by several owners
so long as the same is put to the hereinafter use, and
In consideration of $1.0.00 and for other good and valuable consideration, Owner hereby agrees
to restrict the use of the subject property in the following manner:
That said property shall be considered as one plot and parcel of land and that no
portion of said plot and parcel of land shall be sold, transferred, devised or
assigned separately, except in its entirety as one plot or parcel of land.
Owner further agrees that this condition, restriction and limitation shall be deemed a covenant
running with the land and may be recorded, at Owner's expense, in the Public Records of Miami -
Dade County, Florida and shall remain in full .force and effect and be binding upon the Owner,
their heirs, successors, personal representatives and assigns and upon all mortgagees or lessees
until such time as the same may be released in writing by the Director of the Department of
Planning and Zoning for the City of South Miami, or his designee, or the executive officer of the
successor of such Department, or in the absence of such director or executive officer, by his
assistant in charge of the office in his absence.
Further provided, however, that a release will be executed when the premises are made to
conform with, applicable zoning regulations or the use or structure is removed from the premises
and there is no further reason to maintain the Unity of Title on the public records.
[Execution Pages Follow]
x 10/18/2006 15:22 3056384917 HABITAT FOR HUMANITY PAGE 04/10
L.AST PAGE
2005. A L C-1
Signed, witnessed, executed and acknowledged on this day of ,
IN WITNESS WHEREOF, Habitat for Humanity of Greater Miami, Inc. has caused these
presents to be signed in its name by its proper officials.
Wi ss s:
nature
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
HABITAT FOR HUMANITY FOR
GREATER. MIAMI, INC.
9350 S. Dadeland Blvd, Suite 200
Miami, Florida 33156
nrae E. Manning, 1�t
Assistant Secretary
The foregoing instrument was acknowledged before me by Anne E. Manning, Assistant
Secretary for Habitat for Humanity of Greater Miami, Inc„ on behalf of the agency.
She is personally known, to me or has produced
as identification.
Witness my signature and official seal this �� day of Or , 2004 in the
County and State aforesaid.
kl*WA MoiMrp
%ate a.�
ex �. oaoe.r
Not ry Public at Large — State of Florida
My Commission Expires; JO J4 � 045
PROCEDURES AND APPLICATIONS 20 -5.16
(3) In the event of a question concerning the legality of a use, the director may require
affidavits and such other information as deemed necessary before issuance of a
certificate of occupancy.
(4) A record of all certificates of occupancy shall be kept on file in the building and zoning
department.
20 -5.15 Certificates of use.
A certificate of use confirming that a property or structure has the appropriate zoning for its
proposed use shall be required for all new businesses, a change in ownership of an existing
business or a change in the character of occupancy of any existing business. Such certificate
shall be obtained from the building and zoning department prior to the issuance of an
occupational license.
20 -5.16 Unity of title submittal and procedures.
A Unity of Title, as defined in Section 20 -2.3, shall be required as specified below and shall
be a prerequisite to the issuance of a building permit.
(a) Required. The Unity of Title shall be required in the following cases:
1. Whenever the building site consists of more than one lot or parcel and the main
building is located on one lot or parcel and auxiliary or accessory use buildings
are located. on the remaining lot or parcel comprising the building site.
2. Whenever the building site consists of more than one lot or parcel and the main
building is located on one or more of the lots or parcels and the remaining lots or
parcels encompassing the building site are required to meet the minimum zoning
requirements.
3. Whenever a Unity of Title is required by a provision within this Code or is
specifically required by an ordinance or resolution passed and adopted by the City
Commission.
(b) Submittal. A Unity of Title shall be submitted to the Planning and Zoning Department.
(c) Approval. A Unity of Title shall be subject to approval by the City Attorney as to form
and content.
(d) Recording. A Unity of Title shall be recorded in the Public Records of Miami -Dade
County and shall run with the land and shall be binding upon the property owner,
his/her successors and assigns. The owner shall pay the fee as required for recording
a Unity of Title in the Public Records of Miami -Dade County.
(e) Release. Any Unity of Title required by this section shall not be released except upon
approval by resolution passed and adopted by the City Commission, after a public
Errata
125
20 -5.16 SOUTH MIAMI LAND DEVELOPMENT CODE /
hearing, and executed by the City Manager and City Clerk. The release of the Unity
of Title is contingent upon a cessation of the conditions and/or criteria which originally
required the execution of the subject Unity of Title.
(Ord. No. 23 -99 -1697, § 2, 11- 16 -99)
20 -5.17 Designation of historic sites.
(A) Report Required. Prior to the designation of an individual historic or archeological site,
an investigation and formal designation report must be filed with the Historic Preservation
Board.
(B) Historic Preservation Board Recommendation. The Historic Preservation Board shall
make recommendations to the City Commission concerning all properties proposed as historic
sites, districts or archeological zones.
(C) Proposals and Preliminary Evaluation and Recommendation.
(1) Application for designation of individual properties and districts may be made to the
Planning Department by any member of the Historic Preservation Board, the
Environmental Review and Preservation Board, the City Commission, the City
administration or the property owner(s) of the subject property for designation.
(2) The Historic Preservation Board shall conduct a preliminary evaluation of available
data for conformance with the criteria set forth herein and may direct the preparation
of a formal designation report by one of the members of the board. The Historic
Preservation Board may then meet as a body and develop recommendations to
transmit to the City Commission regarding designations.
(D) Historic Preservation Board Findings.
(1) If the board finds that the proposed designation meets the intent and criteria set forth
in this Code, it shall transmit such recommendation to the Planning Board and City
Commission with the designation report and any additions or modifications deemed
appropriate.
(2) If the board finds that the proposed designation does not meet the intent and criteria
in this Code, no further action shall be required, except that the board's action may be
appealed in accordance with the provisions of this Code.
(E) Planning Board Review.
(1) Following a favorable recommendation by the Historic Preservation Board, a proposed
designation shall be implemented by the adoption of an "HP -07 Historic Preservation
Overlay zone for the property set forth in the historic designation report.
(2) The Planning Board shall determine if the designation is compatible with the goals
and policies of the Comprehensive Plan, and if the proposed historic site and/or district
regulations would change any existing zoning district regulations such as, for example,
permitted use, height, floor area ratio, yard setbacks or off - street parking. The review
Errata
126
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COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday, February 6, 2007, beginning at 7:30 p.m., in
the City Commission Chambers, 6130 Sunset Drive, the
City Commission will hold Public Hearings to consider
the following items:
AN ORDINANCE ESTABLISHING INTERIM DEVELOPMENT REGULATIONS
APPLICABLE TO DEVELOPMENT APPROVALS FOR SINGLE FAMILY
RESIDENTIAL STRUCTURES; AUTHORIZING THE COMPLETION OF A STUDY
RELATING TO "MC MANSIONS" STAYING ALL RESIDENTIAL
CONSTRUCTION OF TWO -STORY HOMES FOR THE EW49 THREE MONTH
PERIOD TO COMPLETE THE STUDY AND ANALYSIS OF THE SITUATION;
PROVIDING FOR A WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW
BY ERPB AND CITY COMMISSION; PROVIDING CRITERIA FOR WAIVER
PROCESS; AND EXPANDING THE POWERS OF THE ERPB BY AMENDING
SUBSECTION 20- 6.1(C)(3)(f).
AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING
SECTION 20 -5.16 RELATING TO UNITY OF TITLE; CREATING SUBSECTION
20- 5.16(F) TO PROVIDE FOR THE OPTION OF USING A DECLARATION OF
RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE,
AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING
SECTION 20 -7.30 AND 20 -8.16 RELATING TO UNITY OF TITLE; PROVIDING
FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE
COVENANTS IN LIEU OF UNITY OF TITLE.
A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM
SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE
LOT SIZE OF A BUILDING SITE TO BE 7003 SQUARE FEET WHERE A
MINIMUM LOT SIZE OF 7500 SQUARE FEET IS REQUIRED AND 50 FEET OF
FRONTAGE WHERE 75 FEET IS REQUIRED; ON PROPERTY LOCATED AT
7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO"
RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE
VARIANCE IS TO PERMIT THE CONSTRUCTION OF A TWO STORY OFFICE
BUILDING.
A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20-
3.4(01)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE
APPROVAL TO LOCATE A RESTAURANT TO BE CALLED GIGGLE CITY PLAY
CAFE IN THE "SR (HD)" SPECIALTY RETAIL HOMETOWN DISTRICT
OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5701 SUNSET
DRIVE (SHOPS AT SUNSET PLACE).
A RESOLUTION RELATING TO A REQUEST FROM HABITAT FOR HUMANITY
OF GREATER MIAMI INC PURSUANT TO SECTION 20- 5.16(e) OF THE LAND
DEVELOPMENT CODE TO ALLOW THE RELEASE OF A UNITY OF TITLE
EXECUTED ON MARCH 20, 2006 WHICH COMBINED INTO ONE BUILDING IP
SITE THE FOLLOWING PARCELS LOTS 77 & 78 LESS NORTH 5 FT OF LOT
78 & LESS EXT. AREA OF CURVE IN NE CORNER, (6350 SW 60th AVENUE)
AND THE EAST 1/2 OF LOT 79, (6016 SW 63rd STREET) BLOCK 14,
FRANKLIN SUBDIVISION, AS RECORDED IN PLAT BOOK 5, AT PAGE 34,
PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA.
Above items can be inspected in the City Clerk's Office, Monday - Friday
during regular office hours.
If you have any inquiries on the above items please contact the City Clerk's
office at: 305 - 663 - 6326.
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, 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 {hat a verbatim record of the proceedings is made which record includes the
,.1estlru00y.8p4, evidence upoR,;which the eppealis to be,based.,' R'
in
NEIGHBORS CALENDAR
'CALENDAR, FROM 46
SW 104th St., Kendall; $45. To regis- .
Miracle Mile T
ter, call 305 - 237 -2600 or go to
Club: Improve
mdc.edu /kendall /ce and click on
as abetter spf
story: 6:30 -8:30 p.m. Wednesdays
Environmental Center; use reference
tener and enjc
Jan. 31 -March 21;
number 411789.
1:30 p.m. Thur
e Writing Mysteries and Crime Fic-
Reflective Writing: Learn journaling
Miracle Mile, C
tion:6:30 -8:30 p.m. Thursdays Feb.
and writing techniques for personal
lunch fee: $17.
1 -March 22;
growth and healing; 7:30 -9 p.m. Mon-
786- 399 -9601
• When Silence Speaks- Poetry and
days; South Miami Hospital, 6200 SW
maya @earthli
the Promised Land: 6:30 -8:30 p.m.
73rd St., South Miami; $10 per session.
Practical Spirl
Thursdays Feb, I -March 22;
786 -662 -5200. _- ---
the book club
• Writing Flash Fiction, Subversive
USA Dance Ines Ballroom dance les-
ton's The Bles.
Fiction and Magical Realism: 6:30-
sons from the nonprofit organization;
9:30 -11 a.m. se
8 :30 p.m. Feb. ]-March 22.
7 -9 p.m. Mondays; South Miami
and Noble, 12z
Introduction to Nature Writing -Re-
Lutheran Church, 7190 Sunset Dr.,
Kendall; free.:
sponding to Our Environment:
South Miami. 305- 387 -1342.
Rotary Club o
Everything from grammar to the writ-
Palmetto Bay
ing process to a sampling of favorite
CLUBS/MEETINGS
ings;12:15 p.m
nature authors are covered in this
Roma's,18851
course Practice developing a style
Kendall Professional Group: Business
Bay; $10. Call I
while discovering content and inspi-
networking and referrals; noon first
305- 252 -485:
ration in nature while working in a
Thursday; Steak and Ale Restaurant,
305- 323 -290;
nature preserve; 1-3 p.m. Saturdays,
9090 SW 97th Ave., West Miami-
South Dade A
Feb. 3 -17; The Environmental Center
Dade; first meeting free. Call Ira Marks
The club's ann
at Miami Dade College - Kendall, 11011
at 305 -387 -3474.
tion includes s
GREATER MIAAAI
MI ®DAD CONVENTION &
e V181TOR8 HI/REAO i