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HomeMy WebLinkAboutR-96-0931J-96-1260 12J2/96 p� RESOLUTION NO.9 ' � 9 _ l A RESOLUTION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE NEW HOPE OVERTOWN PROJECT TO BE LOCATED AT APPROXIMATELY 528, 538, 550 AND 560 NORTHWEST 8TH STREET; 501, 511, 515, 521, 525, 531, 535, 541, 545 AND 551 NORTHWEST 6TH STREET AND, 601, 611 AND 621 NORTHWEST 6TH AVENUE, MIAMI, FLORIDA, TO BE COMPRISED OF NOT MORE THAN FORTY (40) SINGLE FAMILY DETACHED UNITS OF AFFORDABLE HOUSING AND FIFTY-SEVEN (57) PARKING SPACES; DIRECTING TRANSMITTAL OF THIS RESOLUTION AS DESIGNATED HEREIN; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; AND CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. i WHEREAS, on May 3, 1996, the applicants, the City of Miami, and Laurie A. Thompson, of Holland & Night, for BAME Development Corporation of South Florida, Inc., submitted a complete Application for Major Use Special Permit for the New Hope Overtown Project pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, for those parcels located at approximately 528-38-50-60 Northwest 8th Street; 501-11-15-21-25-31-41-45-51 Northwest 6th Street and 601-11-21 Northwest 6th Avenue, Miami, Florida, as legally described on "Exhibit B", attached hereto and in "Exhibit All, the Development Order attached hereto; and ATTACHMENTS) CONTAINED CITY COMMISSION MEETING OF DEC 1 2 1996 xesol tlo 0 1i f i WHEREAS, development of the New Hope Overtown Project requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Large Scale Development Committee met on April 11, 1996 and the Urban Development Review Board met on April 23, 1996, to consider the proposed project and offer its input; and WHEREAS, the applicant has modified the submittal to reflect recommendations received at said Large Scale Development Committee and Urban Development Review Board meetings; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on November 20, 1996, Item No. 4, following an advertised public hearing, adopted Resolution No. PAB 58-96 by a vote of six to zero (6-0), RECOMMENDING APPROVAL of the Major Use Special Permit Development Order as attached hereto; and WHEREAS, the Miami Zoning Board, at its meeting of November 18, 1996, Items NO. 5 and 6, following an advertised public hearing, adopted Resolution No. ZB 126-96, RECOMMENDING APPROVAL of the Special Exception and, adopted Resolution NO. ZB 127-96, by a vote of six to zero (6-0), RECOMMENDING APPROVAL of the Variances, as part of the Major Use Special Permit Development Order as attached hereto; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of 1i Miami to issue a Major Use Special Permit Development Order i as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE I j CITY OF MIAMI, FLORIDA: j Section 1. The recitals and findings contained in 1, the Preamble to this Resolution are hereby adopted by A reference thereto and incorporated herein as if fully set forth in this Section. Section 2. A Major Use Special Permit Development Order, attached hereto as Exhibit "A" and made a part hereof, is hereby approved subject to the conditions i specified in said Development Order, per Article 17 of Zoning Ordinance No. 11000, for the New Hope Overtown i Project (hereinafter referred to as the "PROJECT") to be i developed by BAME Development Corporation of South Florida, Inc. ("Applicant"), at approximately 528-38-50-60 NORTHWEST 8th Street; 501-11-15-21-25-31-35-41-45-51 NORTHWEST 6th Street and, 601-11-21 NORTHWEST 6th Avenue, Miami, Florida, more particularly described on "Exhibit B", attached hereto and made a part hereof. I Section 3. The PROJECT is hereby approved for the construction of up to forty (40) single family detached units of affordable housing. Section 4. The findings of fact set forth below are hereby made with respect to the subject PROJECT: 3 96 - 9931 J I i a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan 1989-2000, as amended. b. The PROJECT is in accord with the R-3 and R-4 Zoning classifications of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. c. Pursuant to Section 1305 of the Zoning Ordinance of the City of Miami, Florida, the specific site plan aspects of the PROJECT, i.e., ingress and egress, parking, signs and lighting, utilities, drainage, preservation of natural features and control of potentially adverse effects generally, have been considered and will be further considered administratively during the process of issuing a building permit and a certificate of occupancy. d. The PROJECT is expected to cost approximately $3 million, and to employ approximately 150 workers i during construction (FTE). The PROJECT will l generate approximately $62,400 annually in ad i valorem tax revenues to local units of government (1995 dollars). # e. The City Commission further finds that: I (1) the PROJECT will have a favorable impact on s` the economy of the City; i 4 i j (2) the PROJECT will efficiently use public transportation facilities; (3) any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit; (4) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; (5) the PROJECT will efficiently use necessary public facilities; (6) the PROJECT will not negatively impact the environment and natural resources of the City; (7) the PROJECT will not adversely affect living conditions in the neighborhood; (8) the PROJECT will not adversely affect public safety; (9) based on the record presented and evidence presented, the public welfare will be served by the PROJECT; and (10) any potentially adverse effects of the PROJECT arising from safety and security, fire protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority participation and employment, and minority contractor/subcontractor participation will be �i mitigated through compliance with the conditions of this Major Use Special Permit. Section 5. The Major Use Special Permit, as approved and amended, shall be binding upon the applicants and any successors in interest. Section 6. The application for Major Use Special Permit, which was submitted on May 3, 1996, and on file with the Department of Community Planning and Revitalization of the City Of Miami, Florida, shall be relied upon generally for administrative interpretations and is made a part hereof by reference. Section 7. This Major Use Special Permit will expire two (2) years from its effective date which is thirty (30) days after the adoption of the herein Resolution. Section B. The City Manager is hereby directed to instruct the Director of the Department of Community Planning and Revitalization to transmit a copy of this Resolution and attachment to the developers: BAME Development Corporation of South Florida, Inc., 245 NORTHWEST 8th Street, Miami, Fl. 32216. Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the New Hope Overtown Project, which is attached hereto as Exhibit "All and made a part hereof by reference, as more particularly described in Exhibit "A". 6 Section 10. The Major Use Special Permit Development Order for the New Hope Overtown Project (Exhibit "A") is hereby granted and issued. Section 11. In the event that any portion or section of this Resolution or the Development Order (Exhibit "A") is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order (Exhibit "A") which shall remain in full force and effect. Section 12. This Resolution shall become effective thirty (30) days after its adoption. PASSED AND ADOPTED this 12th day of December 1996. A r WALTER J,FOJYNKN, CITY CLERK PREPARED AND APPROVED BY: J EL EDWARD MAXW L PUTY CITY ATTORNEY W1272.doc 7 APPROVED AS TO FORM AND CORRECTNESS: n 3 I 0 EXHIBIT A ATTACHMENT TO RESOLUTION NO. DATE: NEW HOPE OVERTOWN PROJECT MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER Let it be known that pursuant to Articles 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit for the New Hope Overtown Project (hereinafter referred to as the "PROJECT") to be located at approximately 528- 38-50-60 NORTHWEST 8th Street; 501-11-15-21-25-31-35-41-45-51 NORTHWEST 6th Street and 601-11-21 NORTHWEST 6th Avenue, Miami, Florida; see legal description on "Exhibi.t B11, attached hereto and made a part hereof; said legal description is subject to any dedications, limitations, restrictions, reservations or easements of record. l _I After due consideration of the recommendations of the Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive i Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following conditions approves the major Use Special Permit and hereby issues this Permit: - 93 1 i PROJECT DESCRIPTION: The proposed New Hope Overtown Project is a residential development located at approximately 528-38-50-60 NORTHWEST 8th Street; 501-11-15-21-25-31-35-41-45-51 NORTHWEST 6th Street and 601-11-21 NORTHWEST 6th Avenue, Miami, Florida; ("PROJECT"). The PROJECT is located on approximately 3.87 gross acres and 3.44 net acres of land (more specifically described on "Exhibit B", incorporated herein by reference). The remainder of the PROJECT's VITAL DATA is attached hereto as "EXHIBIT C", and incorporated herein by reference. The proposed PROJECT will consist on forty (40) single family detached units of affordable housing. The units will be divided into two sections of development, i.e., seventeen (17) units north of NORTHWEST 7th Street and twenty-three (23) units south of NORTHWEST 7th Street. There will be fifteen (15) 3 bedroom/2 bathrooms (MODEL C); fifteen (15) 3 bedrooms/2 bathrooms (MODEL E) and ten (10) 4 bedrooms/2 bathrooms (MODEL F) units within the development. These units will be two story with porches and optional carports. The ownership, operation and maintenance of common areas and facilities will be by a mandatory property owner association in perpetuity pursuant to a recorded Declaration of Covenants and Restrictions. 2 96-931 The Major Use Special Permit Application for the New Hope Overtown Project has a companion application for SET- BACK VARIANCES as follows: Front- set -back on NORTHWEST Sth Street (nor ], block) Required: 20 ft Proposed: 10 ft. SidA get-hArk on N 5th Av -nu _ (south block) Required: 15 ft Proposed: 10 ft. Side Rpt-haCk on NORTHWEST 6th Street (South block) Required: 15 ft. Proposed: 10 ft. Fron set -back on 6th Avenue (eolith Block) Required: 20 ft. Proposed: 15 ft. Side Set -back on NORTHWEST 7th Street (soufb block) Required: 15 ft. Proposed: 10 ft. The Major Use Special Permit Application for the New Hope Overtown Project also encompasses the following I lower ranking Special Permits: t t CLASS I SPECIAL PERMIT as per Article 9, Section 903.1 for a project designed as a single site and occupies lands divided by district boundaries. i CLASS II SPECIAL PERMIT as per Article 9, Section 903.1 f for project designed as a single site and occupies lots divided by a street or alley. j SPECIAL EXCEPTION as per Article 9, Section 917.6 for the reduction up to 50% of required parking for housing for low income families and individuals as follows: I Required number of parking spaces: 80 Proposed number of parking spaces: 57. Pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the i subordinate permits and requested referenced above. The Project also reflects suggestions received at the Miami Large Scale Development Committee meeting of April 11, r, 1996, and the Urban Development Review Board meeting of i April 23, 1996. The Project shall be constructed substantially in accordance with plans and design schematics on file prepared by Judson & Partners Architects, dated 8/23/96 and 3/18/96; said plans may be permitted to be modified only to the extent necessary to comply with the conditions for approval imposed herein; all modifications shall be subject to the review and approval of the Director i of the Department of Community Planning and Revitalization prior to the issuance of any building permits. The PROJECT conforms to the requirements of the R-3 and f" R-4 Zoning Districts, as contained in Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. The existing comprehensive plan future land use designation allows the proposed residential uses. 4 PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, SHALL DO THE FOLLOWING: ]. Meet all applicable building codes, land development regulations, ordinances and other laws. 2. Provide a list of agencies from which approvals and/or permits must be obtained prior to initiation of development and the permit or approval required of each. 3, Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 4. Provide a letter from the Department of Fire - Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the S { �r scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 5. Provide a letter of assurance from the Solid Waste Department that the PROJECT has addressed all concerns of the said Department. 6. Prepare a Minority Participation and Employment Plan to be submitted to the City's Director of Minority and Women Business Affairs for review and comments, it being understood that the City's Minority/Women Business Affairs and Procurement Ordinance No. 10538 is a guide that the APPLICANT must use its best efforts to follow. Prepare a Minority Contractor/Subcontractor Participation Plan to the City's Director of Minority and Women Business Affairs for review and comment, it being understood that the City's Minority/Women Business Affairs and Procurement Ordinance No. 10538 is a guide that the APPLICANT must use its best efforts to follow. s Record in the Public Records of Dade County, Florida, a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and 0 facilities will be by a mandatory property owner association in perpetuity. 9. Record a certified copy of this development order with the Clerk of the Dade County Circuit Court specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and signs, jointly or severally. 10, Demonstrate to the City that the PROJECT has completed its condominium requirements and has been approved for such by the State of Florida, or the PROJECT has a recorded Unity of Title agreement, or the PROJECT has a recorded covenant in -lieu of Unity of Title agreement. THE CITY SHALL: 1. Subject to payment of all applicable fees due, establish the effective date of this Permit as being thirty (30) days from the date of its issuance with the issuance date constituting the commencement of the thirty (30) day period to appeal from the provisions of the Permit. The New Hope Overtown Project, proposed by the applicant, BAME Development Corporation of South Florida, 7 r f , II- 1 Inc. ("Applicant"), complies with the Miami Comprehensive Neighborhood Plan 1989-2000, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations and further, pursuant to Section 1703 of Zoning Ordinance No. 11000: (1) the PROJECT will have a favorable impact on the economy of the City; and (2) the PROJECT will efficiently use public transportation facilities; and (3) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) the PROJECT will efficiently use necessary public facilities; and (5) the PROJECT will not negatively impact the environment and natural resources of the City; and (6) the PROJECT will not adversely affect public safety; and (7) the public welfare will be served by the PROJECT; and (8) any potentially adverse effects of the PROJECT will be mitigated through conditions of this Major Use Special Permit. The proposed development does not unreasonably interfere with the achievement of the objectives of the i adopted State Land Development Plan applicable to the City of Miami. Pursuant to Section 1305 of Zoning Ordinance No. 11000, the specific site plan aspects of the PROJECT i.e., ingress and egress, offstreet parking and loading, refuse and service areas, signs and lighting, utilities, drainage and control of potentially adverse effects generally have been considered and will be further considered administratively during the process of issuing individual building permits and certificates of occupancy. 9 PZ-2 PLANNING FACT SHEET APPLICANT Ms. Laurie A. Thompson, Esq. APPLICATION DATE May 3, 1996 REQUEST/LOCATION Portion of the area of Overtown generally bounded by NW 81" Street to the north, NW 61" Street to the south, NW 51h Avenue to the east and NW 61h Avenue to the west (see attached legal description, locations maps -and aerial photographs for exact property boundaries). LEGAL DESCRIPTION Complete legal description on file at the Hearing Boards Division. PETITION Consideration of a Major Use Special Permit application for a Planned Unit Development, pursuant to Articles 5 and 17 of the Zoning Ordinance. The project is to be called New Hope Overtown and consists of 3.2 acres of land in which a maximum of 40 single family detached units of affordable housing are proposed for development. PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS Approval. See attached analysis. PLANNING ADVISORY BOARD Approval. CITY COMMISSION NIA. APPLICATION NUMBER 96-272 VOTE: 6-0. :m #4 931 r [A ANALYSIS FOR MAJOR USE SPECIAL PERMIT New Hope Overtown Planned Unit (Development CASTE NO: 96-258 The requested Major Use Special Permit is for the purpose of allowing a Residential Planned Unit Development project for a portion of the area of Overtown generally bounded by N.W. 8"' Street to the north, N.W. 6`h Street to the south, N.W. 5`h Avenue to the east and N.W. 6"' Avenue to the west (see attached legal description, location maps and aerial photographs for exact property boundaries). In determining the appropriateness of the proposed residential project, the Department of Community Planning and Revitalization has referred this project to the Large Scale Development Committee and the Urban Development Review Board for additional input and recommendations; the following findings have been made: • It is found that a residential planned unit development project will benefit the Overtown District by creating new affordable single family housing opportunities for residents of the area. • It is found that due to the modifications made to the site plan (in response to concerns over the potential negative effects of the reduction in the required parking and the narrow streets) originally proposed for this project, a new site plan was submitted which has mitigated any potential adverse impacts on the adjacent neighborhood. The new site plan has provided for wider interior streets and more parking adjacent to the larger units, therefore mitigating the possibility of vehicles having to park on adjacent streets due to the lack of sufficient parking on site. • It is found that with respect to all additional criteria as specified in Section 1305 of Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate. • It is found that increased levels of home ownership has been determined to be very instrumental in stabilizing neighborhoods with high level of unemployment and low income. Fee simple home ownership of units such as those proposed in the New Hope Overtown Project will increase maintenance of the area and pride in the community. Based on these findings, the Department of Community Planning and Revitalization is recommending approval of the requested Residential Planned Unit Development Project with the following conditions: 1. Appropriate setbacks should be maintained. 1 931 2. This approval shall be subject to the recordation of the following items prior to the issuance of a building permit for any of the proposed residences: a. Unity of Title or covenant in lieu thereof providing that the ownership, operation and maintenance of all common areas and facilities will be a mandatory property owner association in perpetuity. b. Development Order specifying that the Development Order runs with the land and its bindings at the Applicant, it successors, and assigns, jointly or severally. 3. This approval shall also be subject to all the other additional conditions specified in the attached Development Order. 2 N _ RESOLUTION PAB - 58-96 A RESOLUTION RECOMMENDING APPROVAL TO THE CITY COMMISSION OF APPROVING THE MAJOR USE SPECIAL PERMIT FOR NEW. HOPE OVERTOWN, A PLANNED UNIT DEVELOPMENT PURSUANT TO ARTICLES 5 AND 17 OF THE ZONING ORDINANCE, CONSISTING OF 3.2 ACRES OF LAND IN WHICH 40 SINGLE FAMILY DETACHED UNITS OF AFFORDABLE HOUSING ARE PROPOSED FOR DEVELOPMENT. HEARING DATE: November 20, 1996 VOTP✓: 6-0 n ATTEST: ~: Sack Loft, Director Department of Community Planning and Revitalization 5 96- 931 Fji ZON I N6 FACT SHEET 528153815501560 N.W. 8" Street, 601/611/621 N.W. 6" Avenue & LOCATION/LEGAL 501/511/515/521/525/531/535/541/545/551 N.W. 6' Street (Complete legal description on file with the Office of Hearing Boards). APPLICANT/OWNER Merrett Stierheim for the Laurie Thompson, Esq.for'BAME Deve. City of Miami 444 S.W. 2nd Avenue, loth Floor 701 Brickel'l Avenue Miami, FL Miami, FL 33131 416-1025 374-8500 ZONING R-3 Multifamily Medium -Density Residential and R-4 Multifamily High -Density Residential REQUEST Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 917.6, Reduction of up to 50% of required parking for housing for low income families and individuals, to waive twenty-three (23) of eighty (80) required offstreet parking spaces for a proposed 40 unit low income housing development; zoned R-3 Multifamily Medium -Density Residential and R-4 Multifamily High -Density Residential. This is a companion to item #6. RECOMMENDATIONS: PLANNING, BLDG & ZONING Approval. PUBLIC WORKS Replatt;ing is required. Underlying platted lots and easements do not conform to proposed lot divisions or driveways. PLAT AND STREET See Public Works Department comments. DADE COUNTY TRANSPORTATION No comments. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Nearing Date: N/A Found: N/A Violation(s) Cited: N/A Ticketing Action: N/A Affidavit of Nori-Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A Total Fines To Date: N/A CEB Action: N/A HISTORY ANALYSIS Please see attached. ZONING BOARD (Res. No.) APPELLANT CITY COMMISSION APPLICATION NUMBER 95- 493 Page 1 November 18, 1996 Itemi' 5 7 96- 931 EN G ANALYSIS FOR SPECIAL EXCEPTION AS A COMPONENT OF A 1� MAJOR USE SPECIAL PERMIT I New Rope Overtown Planned Unit Development CASE NO: 96-493 ! The requested Special Exception is a component of a Major Use Special Permit application for the purpose of allowing a Residential Planned Unit Development project i consisting of a maximum of 40 units for a portion of the area of Overtown generally ! bounded by N.W. 8' Street to the north, N.W. 6' Street to the south, N.W. 5"' Avenue to the east and N.W. 6`h Avenue to the west (see attached legal description, location maps and aerial photographs for exact property boundaries). Pursuant to Section 917.6 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed to allow for the reduction of up to 50% of required parking for housing for low income families and individuals as follows: Required parking spaces: 80 Allowable % Reduction 50% Proposed parking spaces: 53 Proposed % Reduction 45% In determining the appropriateness of the Special Exception for the proposed residential project the following findings have been made: • It is found that the proposed residential planned unit development project will benefit the Overtown District by creating new affordable single family housing opportunities for residents of the area. • It is found that due to the modifications made to the site plan (in response to concerns over the potential negative effects of the reduction in the required parking and the narrow streets) originally proposed for this project, a new site plan was submitted which has mitigated any potential adverse impacts on the adjacent neighborhood. The new site plan has provided for wider interior streets and more parking adjacent to the larger units, therefore mitigating the possibility of vehicles having to park on adjacent streets due to a lack of sufficient parking on site. • It is found that with respects to all additional criteria as specified in Section 1305 of Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate. 9 96- 931 Based on these findings, the Department of Community Planning and Revitalization is recommending approval of the requested Special Exception for a reduction of required parking of 45% (23 parking spaces). 2 �d Mr. Henry Crespo offered the following Resolution and moved its adoption. RESOLUTION ZB 126-96 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE NO. 11000, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION ON A REQUEST FOR A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 917.6, REDUCTION OF UP TO 50% OF REQUIRED PARKING FOR HOUSING FOR LOW INCOME FAMILIES AND INDIVIDUALS, TO WAIVE TWENTY-THREE (23) OF EIGHTY (80) REQUIRED OFFSTREET PARKING SPACES FOR A PROPOSED 40 UNIT LOW INCOME HOUSING DEVELOPMENT FOR THE PROPERTIES LOCATED AT 528/538/550/560 N.W. 8"' STREET, 601/611/621/ N.W. 6'" AVENUE & 501/511/515/521/525/531/535/541/545/551 N.W. 6TH STREET LEGALLY DESCRIBED AS EXHIBIT "A" HEREBY ATTACHED PUBLIC RECORDS OF DADE COUNTY, PER PLANS ON FILE; ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL AND R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL. Upon being seconded by Mr. Osvaldo Moran-Ribeaux the motion was passed and adopted by the following vote: AYES: Mses. Basila, & Morales Messrs. Crespo, Moran-Ribeaux, Barket & Gibbs. NAYES: None ABSENT: Ms. Hernandez Messrs. Carman, Goldstein & Luaces Ms. Fernandez: Motion carries 6-0 November 18, 1996 Zoning Board Item # 5 96- 931 �i /Z ZONING BOARD ACTION ON PETITION FOR SPECIAL EXCEPTION I move that the request on agenda item •5 be (denied) (granted) in that the requirements of Section 2305 (were) (were not) satisfied by relevant evidence in the record of the public hearing. a) as stated in the City's findings of fact, or b) as demonstrated by the petitioner, or c) on the basis of the following: ----------------------------------------------------------------- The Zoning Board, in its decision to (grant) (deny) the special exception, shall make written findings that the applicable requirements of this Zoning Ordinance, Section 2305, (have) (have not) been met. Circle appropriate conditions: 1305.1 Ingress and Egress. Due consideration shall be given to adequacy of ingress* and egress to the property and structure and uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire and emergency. 1305.2 Offstreet parking and Loading Due consideration shall be given to offstreet parking and loading facilities as related to adjacent streets, with particular references to automotive and pedestrian safety and convenience, internal traffic flow and control, arrangement in relation to access in case of fire or other emergency, and screening and landscaping. 1305.3 Refuses and service areas. Due consideration shall be given to the location, scale, design, and screening of refuse and service areas to the manner in which refuse is to be stored; and to the manner and timing of refuse collection and deliveries, shipments, or other service activities, as such matters relate to the location and nature of uses on adjoining properties and to the location and character of adjoining public ways. 1305.4 signs and lighting_ Due consideration shall be given to the number, size, character, location and orientation of proposed signs, and of proposed lighting for signs and premises, with particular reference to traffic safety, glare, and compatibility and harmony with adjoining and nearby property and the character of the area. /3 96- 931 r 14 1305.5 Utilities. Due consideration shall be given to utilities required, with particular reference to availability and capacity of systems, location of connections, and potentially adverse appearance or other adverse effects on adjoining and nearby property and the character of the area. 1305.6 Drainage Due consideration shall be given for drainage, with particular reference to effect on adjoining and nearby properties and on general drainage systems in the area. where major drainage volumes appear likely and capacity of available systems is found marginal or inadequate, consideration shall be given to possibilities for recharge of groundwater supply on the property, temporary retention with gradual discharge, or other remedial measures. 1305.E Preservation of natural features. D' ue consideration shall be givers to provision for the preservation of existing vegetation and geological features whenever possible. 1305.8 Control of potentially adverse effects aenerally In addition to consideration_ of detailed elestents indicated above, as appropriate to the particular class or kind of special permit and the circumstances of the particular case, due consideration shall be given to potentially adverse effects generally on adjoining and nearby properties, the area, the neighborhood, or the City, of the use or occupancy as proposed, or its location, construction, design, character, scale or manner of operation. Where such potentially adverse effects are found, consideration shall be given to special remedial measures appropriate in the particular circumstances of .the case, including screening or buffering, landscaping, control of manner or hours of operation, alteration of use of such space, or such other measures as are required to assure that such potential adverse effects will be eliminated or sininized to the maxim — extent reasonably feasible, and that the use of occupancy will be compatible and harmonious with other developmn�.' in the area to a degree which will avoid substantial depreciation of the value of nearby property. Si at 7/ I l 1� �filc% Date 5 Item 96W 931 M ZONING FACT SHEET 528/536/550/560 N.W. 8" Street, 601/611/621 N.W. 6t' Avenue & LOCATION/LEGAL 501/511/515/521/525/531/535/541/545/551 N.W. 6" Street (Complete legal description on file with the Office of Hearing Boards). APPLICANT/OWNER Merrett Stierheim for the Laurie Thompson, Esq. for BAME Deve. City of Miami 245 N.W. 8th Street 701 Brickell Avenue Miami, Florida 32216 Miami, FL 33131 373-7233 374-8500 ZONING R-3 Multifamily Medium -Density Residential and R-4 Multifamily High -Density Residential. REQUEST Variances from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, to permit structures with the following setbacks: front yard setback of 10'-0" (20'4" required) on N.W. 8th Street (north block), front street setback of 15'-0" (20'-0" required) on N.W. 6th Avenue (south block) and side street setbacks of 10'-0" (1510" required) on N.W. 5th Avenue (south block), N.W. 6th Street (south block) and N.W. 7th Street (south block) for a proposed 40 unit low income housing development; zoned R-3 Multifamily Medium -Density Residential and R-4 Multifamily High -Density Residential. This is a companion to item 65. RECOMMENDATIONS: PLANNING, BLDG & ZONING Denial. PUBLIC WORKS Replatting is required. Underlying platted lots and easements do not conform to proposed lot divisions or driveways. PLAT AND STREET See Public Works Department continents. DADE COUNTY TRANSPORTATION No comments. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A Violation(s) Cited: N/A Ticketing Action: N/A Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A Total Fines To Date: N/A CEB Action: N/A HISTORY ANALYSIS Please see attached. ZONING BOARD APPELLANT CITY COMMISSION APPLICATION NUMBER (Res. No.) 95- 494 Page 1 November 18, 1996 I tempi 6 , ) 96 - 93 ANALYSIS OF PROPOSED VARIANCE APPLICATION NUMBER 95- 494 Yes No N/A X Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. X The special conditions and circumstances are a direct result from the actions of the petitioner. X Literal interpretation of the provisions of Zoning Ordinance 11000 deprives the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this zoning ordinance and works unnecessary and undue hardship on the petitioner. X Granting the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings, or structures in the same zoning district. X The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building, or structure. X The grant of this variance is in harmony with the general intent and purpose of this zoning ordinance and is not injurious to the neighborhood, or otherwise detrimental to the public welfare. November 18, 1996 Iteml 6 Page 2 11/09/96 s 96-- 93.1 a ANALYSIS FOR VARIANCES AS A COMPONENT OF A MAJOR USE SPECIAL PERMIT New Hope Overtown Planned Unit Development CASE NO: 96-494 The requested Variances are a component of a Major Use Special Permit application for the purpose of allowing a Residential Planned Unit Development project consisting of a maximum of 40 units for a portion of the area of Overtown generally bounded by N.W. 8' Street to the north, N.W. 6" Street to the south, N.W. 5" Avenue to the east and N.W. 6`'' Avenue to the west (see attached legal description, location maps and aerial photographs for exact property boundaries). Pursuant to Section 401 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed to permit structures with the following setbacks: Front setback on NW 8`' Street required: 20 feet (north Block) proposed: 10 feet Side street setback on NW 5' Avenue required: 15 feet (south Block) proposed: 10 feet Side street setback on NW 6`' Street required: 15 feet (south Block) proposed: 10 feet Front setback on NW 6' Avenue required: 20 feet (south Block) proposed: 15 feet Side street setback on NW 7 h Street required: 15 feet (south Block) proposed: 10 feet In determining the appropriateness of the Variances for the proposed residential project the following findings have been made: • It is found that the proposed residential planned unit development project will benefit the Overtown District by creating new affordable single family housing opportunities for residents of the area. • It is found that the setback variance is being requested in order to accommodate more units for the project with larger green areas surrounding the homes within the interior /7 96- 931 �i 1g of the project, therefore providing more affordable housing ownership opportunities to the area residents. • It is found that increased levels of home ownership has been determined to be very instrumental in stabilizing neighborhoods with high percentages of unemployment and low income. Fee simple home ownership of units such as those proposed in the New Hope Overtown Project will increase maintenance of the area and pride in the community. • It is found that there is, however, no hardship to justify the requested setback variances, particularly due to the fact that is new construction and the proper setbacks should be maintained. There are no special conditions attached to the subject property which justify the requested variances. Based on these findings, the Department of Community Planning and Revitalization is recommending denial of the requested variances and approval of the requested Residential Planned Unit Development Project with the condition that the appropriate setbacks be maintained. FA Mr. Osvaldo Moran-Ribeaux offered the following Resolution and moved its adoption. RESOLUTION ZE 127-96 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE NO. 11000, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION ON A REQUEST FOR VARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO PERMIT STRUCTURES WITH THE' FOLLOWING SETBACKS: FRONT YARD SETBACK OF 10'-0" (20'-0" REQUIRED) ON N.W. 8"' STREET (NORTH BLOCK), FRONT STREET SETBACK OF 15'-0" (20'-0" REQUIRED) ON N.W. 6.. AVENUE, (SOUTH BLOCK) AND SIDE STREET SETBACKS OF 10'-0" (15'-0" REQUIRED) ON N.W. 5.. AVENUE (SOUTH BLOCK), N.W. 6"H STREET (SOUTH BLOCK) AND N.W. 7"H STREET (SOUTH BLOCK) FOR A PROPOSED 40 UNIT LOW INCOME HOUSING DEVELOPMENT FOR THE PROPERTY LOCATED AT 528/538/550/560 N.W. 8TH STREET, 601/611/621/ N.W. 6"' AVENUE & 501/511/515/521/525/531/535/541/545/551 N.W. b" STREET LEGALLY DESCRIBED AS EXHIBIT "A" HEREBY ATTACHED PUBLIC RECORDS OF DADE COUNTY, PER PLANS ON FILE; ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL AND R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL. Upon being seconded by Mr. Tucker Gibbs the motion was passed and adopted by the following vote: AYES: Mses. Basila, & Morales Messrs. Moran-Ribeaux, Gibbs, Barket, & Crespo. NAYES: None ABSENT: Ms. Hernandez Messrs. Carman, Goldstein & Luaces Ms. Fernandez: Motion carries 6-0 November 18, 1996 Zoning Board Item # 6 86- 93/ w 0 r ZONING BOARD ACTION C 'ETITION FOR VARIANCE MOTION: I move that the request on agenda item be (denied) (granted) in that the requirements of Section 1903.1 (were) (were not) satisfied by relevant evidence in the record of the public hearing. a) as stated in the City's finds of fact, or b) as demonstrated by the petitioner, or c) on the basis of the following: ----------------------------------------------------------------- The Zoning Board shall make findings that all of the requirements and standards of Section 1903.1 (have been) (have not been) demonstrtated. CHrCK ONE a) Special conditions and circumstances (exist) (do OF EACH not exist) which are peculiar to the land, STAK'BI�liT structure or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. _ 1) as stated in the City's findings of fact G 2) as demonstrated by the petitioner 3) as otherwise stated below: b) The special conditions and"circumstances (do) (do not) result from the actions of the petitioner: 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner i 3) as otherwise stated below: e) Literal interpretation of the provisions of the zoning ordinance (would) (would not) deprive the. applicant of rights commonly enjoyed by other° properties in the same zoning district under the terms of the zoning ordinance and. work unnecessary and undue hardships on the' petitioner: 1) as stated A the City's findings of fact r 2) as demonstrated by the petitioner s 3) as otherwise stated below: } { I 96- 931 p� hf tow" 0 1 ti i I Y d) Granting the variance., requested (will) (will not) convey the same f'�ztment to the individual owner as to the owi 'of other lands, buildings, or structures in the same zoning district. 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3; as otherwise stated below e) Granting the variance requested (will) (will not) convey the same treatment, any special privilege that is denied by the zoning ordinance to other lands, buildings or structures in the same zoning district. f) If granted the variance (will be) (will not be) in harmony with the general intent and purpose of the zoning ordinance, and will 'not be injurious to the neighborhood, or otherwise detrimental to the public welfare: 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stated below: Signatureco f i Date { i Item f 0 r rifli'll DWI _ Lew N 1.�:� ;� 4_6 eilf iw A .I S:�y,' � HIM IV . . . . . . . . . . , ea_ -4::K CR Air —P 7o KILY Tal jPjj.'4 ve i M .:17 ir nt.*_ At 61 V. g! - 611Mg r Law Off ices A Patt trship Including Processional Corporations 701 Brickell Avenue P.O. Box 015441(ZIP 33101-5441) Miami, Florida 33131 305-374-8500 FAX 305-789-7799 September 6, 1996 VIA HAND DELIVERY Ms. Lourdes Slazyk City of Miami 444 2nd Street, N.W. Miami, Florida Atlanta St. Petersburg Fort Lauderdale Tallahassee Jacksonville Tampa Lakeland Washington, D.C. Orlando West Palm Beach LAURIE A THOMPSON 305-789-7793 Re: BAME Development Corporation of South Florida, Inc. Major Use Special Permit Application Dear Ms. Slazyk: BAME Development Corporation of South Florida ("the Applicant") is the developer of property in the Overtown area. The property is currently owned by the City of Miami ("the City"); however, the City intends to convey the property to the Applicant for development as demonstrated by Resolution 93-577 and follow up letter from Jeffrey Hepburn, Assistant Director of the NET -Housing Division dated April 5, 1996 found at Exhibit B of the MUSP Application. The property is located between N.W. 6th and N.W. 8th Streets and N.W. 5th and N.W. 6th Avenues and consists of approximately 3.2 gross acres ("the property"). The Applicant intends to develop this property pursuant to a Planned Unit Development ("PUD") under Article 5 of the City of Miami Zoning Code. Article 5 provides that a PUD may be established by filling an application for review and approval as specified for Major Use Special Permits. Accordingly, pursuant to Article 17 of the City of Miami Zoning Code, the Applicant hereby files an application for a Major Use Special Permit ("MUSP"). The development will consist of forty (40) single family detached units of affordable housing. The units will be divided into two sections of development, i.e., seventeen (17) units north of N.W. 7th Street and twenty-three (23) units south of N.W. 7th Street. There will be fifteen (15) 3 BR/2B (Model C), fifteen (15) 3/BR/2B (Model E) and ten (10) 4BR/2B (Model F) units within the development. The units will be two story with porches and optional carports. The development will be heavily landscaped as shown in the landscape plan included with the MUSP application at TAB 7. Additionally, through the use of an internal network of narrow vehicular lanes 961- 93 a7 [i Ms. Lourdes Slazyk September 6, 1996 Page 2 which encourage pedestrian activity, this development is designed for security and slow moving vehicular traffic which will create a safe place for the neighborhood children to play. The houses are street friendly and through the use of the front porches and the placement of windows a visual supervision of the street will be obtained. The development envisioned in this application is interspersed between currently existing buildings which consists of a series of disjointed types of housing. This development intends to harmonize the neighborhood through the design and placement of the additional structures and attempts to add value to what currently exists. In order to establish an individual territoriality, each house will be individually owned. Through the individual ownership of the units, the developer intends to establish a sense of pride within the neighborhood in an attempt to avoid the usual maintenance problems which plague other affordable housing neighborhoods. The property is currently zoned R-3 (area north of N.W. 7th Street) and R-4 (area south of N.W. 7th Street). Accordingly, the density of this development is much less than is allowed by the current zoning. The development is also compatible with the Comprehensive Plan. The traffic impact from this project will be minimal and as discussed further in the Economic Analysis located at TAB 10 of the MUSP application, this development will have a beneficial impact on the economy, public services and the housing supply of the City. The development includes seventy-nine (79) offstreet parking spaces. Pursuant to the City of Miami Zoning Code a development of forty (40) single family units within the R-3 and R-4 zoning classifications pursuant to a PUD would require a minimum of ninety (90) offstreet parking spaces.' Accordingly, this MUSP application also includes an application for a Special Exception pursuant to § 917.6 of the City of Miami Zoning Code which allows for a reduction of up to fifty percent of the generally applicable offstreet parking requirements for housing in. connection with low income families. The remaining one-half of the land area, which would otherwise be used to meet the parking requirements, shall be set aside and maintained as open space and utilized for recreational purposes as the Zoning Code requires. Some of the units in the development do not meet the set back requirements. Accordingly, this MUSP application also includes a Petition for a Variance of these setback requirements. Specifically, the applicant requests variances for the following setbacks: ' See attached for analysis of parking requirements. 2g 96- 931 R12 Ms. Lourdes Slazyk September 6, 1996 Page 3 Front setback on NW 8 St. (north block) required - 20 ft. proposed- 10 ft. Side setback on NW 5 Ave. (south block) required - 15 ft. proposed- 10 ft. Side setback on NW 6 St. (south block) required - 15 ft. proposed -10 ft. Front setback on NW 6 Ave. (south block) required - 20 ft. proposed -15 ft. In keeping with the intent of the development, it is the Applicants's objective to provide a more urban condition than that currently envisioned by the required setbacks. The smaller setbacks have several advantages which include: better supervision of the public realm (eyes on the street) from the houses; the development will be part of the surrounding neighborhood and streets by its proximity to the public realm and by relating to the setbacks of the existing buildings; and because the lots in this project are smaller than the average detached house lot, the variance will allow residents to have a larger private yard in the rear. In some cases the houses would have no rear yard if the variance is not granted. Accordingly, the Applicant respectfully requests that it applications for a MUSP and Special Exception be granted as well as its Petition for a Variance. MIA3-388910 Sincerely yours, HOLLAND & KNIGHT Laurie A. Thompson ' 96- 931 I -A I SEP-06-96 03t02 PM JUDSON AND PARTNERSI 805 ass 77za p�t tyOYzt'M- '�t..UG14.. -SpAve.3s3 RLle*stn- Ac"llbM-(;,A tX _ t " 7 'j-.w•rzts.c..resa +e•po.e�s tR�czu,�a.cr� �iFEs1v��� s xCo pa�tcu-ttq �p��'� `P40 Po e,612 pA.V&W-t*-&en •e-v^040-6 '4�b�eas O 23 ,„�1-�,r,� ��c 2. � ..11-to P.��t�.•yca ��s F,�r�w�,�ei� V ?? fit" *;0 cf 23 Noub��-acw A�t'a-�creort i �o'(ArL Q/41Z1G1t-i.d '��aGE'�' ��►•J��•p '� �'2 i i i i �, O t? t-i ►.c'S 90 �p At�av�ty1..cea, 40 Ys�.•�-�.��, �o�n�Es tit. v i �1�Vdtt96 pinS?�3tCtat-, �rL r. �„'2_ (�p,(�t,G-t�-cb 1P , -7`'� Post -It` Fox Note 7671 Ua1p q. 6 . q4, To �. C+G T �Sory From C.V�l1pB c�NV4sr�{ 0o./bspt t.aaarta •f k-4A a• w r "0. J a o au►; .�- P�grrrtf te�1� Pl wonft a i 8Ct— "17 a Pnoft a PAX 0 Faa U S� i"i 33 96- 931 �i APPLICATION FOR MAJOR USE SPECIAL PERMIT It is intended that major use special permits be required where specified uses and/or occupancies involve matters deemed to be of citywide or area -wide importance. The City Commission shall be solely responsible for determinations on applications for major use special permits. (See Article 17 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida.) The City Commission shall refer all applications for major use special permits to the Planning Advisory Board and to the Director of the Department of Community Planning and Revitalization for recommendations, and may make referrals to agencies, bodies, or officers, either through the Department of Community Planning and Revitalization, or directly, for review, analysis and/or technical findings and determinations and reports thereon. (See Section 1301.5 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida.) 1, -__Mexx_e t t $r i Pr -helm , hereby apply to the Director of the Department of Community Planning and Revitalization of the City of Miami for approval of a Major Use Special Permit under the provisions of Article 17 of the City of Miami Zoning Ordinance. Address of property: See Exhibit "A" of the Application for Major Use Special Permit for BAME Development Corporation of South Florida, Inc., dated May 3, 1996. Nature of proposed Use (be specific): qee A pl i Cat-i on fnr Ma;nr ricegjecial Anrmit for BAME Development Corporation of South Florida, Inc., dated May 3, 1996. Application materials: I attach the following in support and explanation of the application: * 0 1. Two copies of a survey of the property prepared by a State of Florida Registered Land Surveyor. * ❑ 2. Affidavit disclosing ownership of property covered by application and disclosure of interest form (attach Forms 4-83 and 4a-83 to application), * ❑ 3. Certified list of owners of real estate within a 375-foot radius from the outside boundaries of property covered by this application (attach form 6-83 to application). * ❑ 4. Maps of: (a) existing zoning; and (b) adopted comprehensive plan designations for areas on and around the property covered by this application. * ❑ 5. General location map showing relation to the site or activity to major streets, schools, existing utilities, shopping areas, important physical features in and adjoining the project, and the like. * ❑ 6. Concept Plan: * a) Site plan and relevant information per Section 1304.2.1 (d through h). b) Relationships to surrounding existing and proposed future uses and activities, systems and facilities, per Section 1702.3.2a. C) How concept affects existing zoning and adopted comprehensive plan principles and designations; tabulation of any required variances, special permits, change of zoning or exemptions, per Section 1702.3.2b. *See Application for Major Use Special Permit for BAME Development Corporation of South Florida, Inc., dated May 3, 1996. 1079 r APPLICATION FOR MAJOR USE SPECIAL PERMIT (continued) ❑ 7. Developmental Impact Study (an application for development approval for a Development of Regional Impact may substitute). N/A ❑ s. Other (be specific): See Application for Major Use Special Permit for BAMF level n= ment- Cn=ra _inn of Sn it-h Plnrida, Inc., , dam_ May 3, 1996. ❑ 9. Fee of S , for the Major Use Special Permit, based on current fee schedule as set forth in Chapter 62 of the Code of the City of Miami, as amended. 0 10. Additional fee of $ , for any required special permits, changes of zoning or variances as set forth in Chapter 62 of the Code of the City of Miami, as amended. Total Fee: $ City . mi Signature$ ner or Authorized Agent Merrett Stierheim, Print name here. City Manager 444 S.W. 2nd Avenue, loth Floor Address Miami, City Florida 33233 State Zip (305) 416-1025 Phone Number Final approval of this application for Major Use Special Permit shall consist of an executed Resolution by the Miami City Commission and a Development Order attached thereto which specifies the conditions under which this Major Use Special Permit Application is approved; if approved by the City Commission, said Resolution and Development Order shall, upon execution thereof, be transmitted to the Owner or Authorized Agent at the address specified above. �'�/ 2 96- 931 ' r APPLICATION FOR MAJOR USE SPECIAL PERMIT It is intended that major use special permits be required where specified uses and/or occupancies involve matters deemed to be of citywide or area -wide importance. The City Commission shall be solely responsible for determinations on applications for major use special permits. (See Article 17 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida.) The City Commission shall refer all applications for major use special permits to the Planning Advisory Board and to the Director of the Department of Community Planning and Revitalization for recommendations, and may make referrals to agencies, bodies, or officers, either through the Department of Community Planning and Revitalization, or directly, for review, analysis and/or technical findings and determinations and reports thereon. (See Section 1301.5 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida.) Executive Director of BAME Development Corp. 1, William G. Mauzy, , hereby apply to the Director of the Department of Community Planning and Revitalization of the City of Miami for approval of a Major Use Special Permit under the provisions of Article 17 of the City of Miami Zoning Ordinance. Address of property: See . Exhibit "A" attached hereto made mart hereof Nature of proposed Use (be specitic): 40 detached single family affordable housing units. Application materials: I attach the following in support and explanation of the application: EX 1. Two copies of a survey of the property prepared by a State of Florida Registered Land Surveyor. IR 2. Affidavit disclosing ownership of property covered by application and disclosure of interest form (attach Forms 4-83 and 4a-83 to application), IN 3. Certified list of owners of real estate within a 375-foot radius from the outside boundaries of property covered by this application (attach form 6-83 to application). In 4. Maps of: (a) existing zoning; and (b) adopted comprehensive plan designations for areas on and around the property covered by this application. IN 5. General location map showing relation to the site or activity to major streets, schools, existing utilities, shopping areas, important physical features in and adjoining the project, and the like. 1 0 6. Concept Plan: Site plan and relevant information per Section 1304.2.1 (d through h). b) Relationships to surrounding existing and proposed future uses and activities, systems and facilities, per Section 1702.3.2a. C) How concept affects existing zoning and adopted comprehensive plan principles and designations; tabulation of any required variances, special permits, change of zoning or exemptions, per Section 1702.3.2b. 1 Fi APPLICATION FOR MAJOR USE SPECIAL PERMIT (continued) 0 ?, Developmental Impact Study (an application for development approval for a Development of Regional Impact may substitute). NOT APPLICABLE O 8.Other (be specific): Economic and Tax Benefits to the City of Miami ❑ 9. Fee of S , for the Major Use Special Permit, based on current fee schedule as Set forth in Chapter 62 of the Code of the City of Miami, as amended. 0 10. Additional fee of $ 3, -3w -� 5, 4f/ , for any required special permits, changes of zoning or variances as set forth in Chapter 62 of the Code of the City of Miami, as amended. Total Fee: $ Signature: I .Gd g4g ° ✓ Owner or Authorized Agent William A_ Ma=z Print name here 245 N.W. 8th St., Address Miami City Florida 32216 State Zip hone umber Final approval of this application for Major Use Special Permit shall consist of an executed Resolution by the Miami City Commission and a Development Order attached thereto which specifies the conditions under which this Major Use Special Permit Application is approved; if approved by the City Commission, said Resolution and Development Order shall, upon execution thereof, be transmitted to the Owner or Authorized Agent at the address specified above. 2 r I 96- 931 77, APPLICATION FOR SPECIAL EXCEPTION File Number _ Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary to promote the general purposes of this zoning Ordinance, and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgement of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Special ' Exceptions. (See Article 16) Formal public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall be solely responsible for determinations on applications for Special Exceptions. All applications shall be referred to the director of the Department of Planning, Building and Zoning for his recommendations and the director shall make any further referrals required by these regulations. I, :Me.rrett`..StdeYheim, hereby apply to the City.'of Miami Zoning Board for approval of a Special Exception for property located at Nature of Proposed Use (Be specific) See Application for Specldl.Exception for BAME Development Corporation of South Florida, Inc., dated May 3, 1996. In support of this application, the following material is submitted: * 1. Two copies of a survey of the property prepared by a State of Florida Registered Land Surveyor. * 2. Four copies of: the site plan showing (as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping etc; building elevations and dimensions and computations of lot area and building spacing. * 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (attach to application). * 4. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered by the application. * 5. At least two photographs that show the entire property (land and improve- ments)- 6. Other (Specify) __ LA 7. Fee of $ to apply toward the cost of processing: *See Application for Special Exception for BAME Development Corporation. of South Florida, Inc., dated May 3, 1996. 35 Special Exception ................ I ... ...... $650.00 Surcharge equal to applicable fee from item above, not to exceed six hundred and fifty dollars ($650) except from agencies of the city; such surcharge to be refunded to the applicant if there is no appeal from a property owner within three hundred and seventy-five (375) feet of the subject property. (City Code - Section 62-61) CITY Signature By: Owner or Authorized Agent Name Merrett Stierheim. City Manager Address 444 S.W. 2nd Avenue , 10 h Floor Miami, Florida 33233 Phone (305) 416-1.025 STATE OF FLORIDA) SS: COUNTY OF DADE ) Merrett Stierheim_ _, being duly sworn, deposes and says that he is the (Owner)(Authorized Agent of Owner) of the real propert described in answer to question i1 above; that he has read the foregoing answers and at th same are true and complete; and (if acting as agent for owner) that he has au o ff cutf� this petition on behalf of the owner. /1 _. / (Name) SWORN TO AND SUBSCRIBED before me this 64"" day of j 0oU en-) bar 199_. L I �V Notary PuYlic, State bf Florida at Large My CoAleli s s i on Expires: 'OFFICIAL NOTARY SEAL 1P%Y F019 ANGIE RUILOBA 11 S �* GOMM6BION NUMBER ¢ CCQ36387 �� MY COMMI881GN EXP►Aas �f vQ MAR, 10,2000 Vp 96- 931 APPLICATION FOR SPECIAL EXCEPTION Vi to „ in%" ••f :4ty generally. Or .,thin certain wing districts. :erta,A it"vctures. 414%. and/or occulancleg specified in this Irdinance are of a nature requiring seecial and intensive review to determine whether or not they thou1d be peimitted in specific locations. and if so. the special limitations. conditions, and safeguaees which should be nolied as reasonably necessary to promote the ventral purposes of this Zoning Ordinance, and. in particular. to protect Njoiniiig prmprties alnd the neighborhood from avoidable poteintially adverse effects. tt is further intendid that the expertise and jw"emramt of the toning 604rd be exercised in making suth diter'inatiens, in acQer1800 with the rules, Consideration$ and limitatim relating to Special lAt"tions. (See Article 16) renal 004le notice and hearing is eandatery foP Special Uceotions. The toning Board shalt be solely r,aswisible for detersinations on applications for SOKial taceations. All applications shall be referred to the director of time bepartoant of Planning, Wilding and toning for his recations and the director shall sake my further referrals required by these rogulations. Executive Director of BAME Development Corp. I. William G. Mauzy hereby' apply to the City of Miami toning bard for approval of a Special 4ce0tion for poverty located at saw P.Vh i 1,; + 11 n,i bture of proposed use (k specific) Reduction of reauirAd narking detached single family aim fordable housing units per 5917.6 of the City of Miami Code In support of this application, the folllring saterial is submitted: XX 1. Two copies of a sumwey of the property p44ar4l by a State of Florida negistlnd La>sd Sism�►eye►r. 2. f w copies Ot the sits 010 shomin (ab re"irsd) 04"elty boundaries, esistin (if UN) airs proposed struture(s), perii:q, IwAlcaping Ste: bUildial �levatiens aed disMiais snd- co2jutatiena of let area arA dieing spacing• 3. Afffdavits diselahin, odnorShip of property covered by applicatierr and disclosure of interest fors (AUSO is applieatim). X a. ® e. t. H Cartif led list of onrmnei1 of real estate •ithin a 3714"t radinss of the outside Boundaries of property mop" by the applioatieai, At least two pi+otograpM that shoo the emirs property (laded url '#*Me - a mts). of er (Spee1fy) «T<r+ `3 7 LI Gy/..e. - v►fi /YI115 L a M K ✓ / Pee of 3 to apply torarg the cast of wocssOn:, 9 6 931 special tsception .......................... S6S0.00 sur-charge equal to applicable foe ♦no 'tee &MV1, "at 0.0 exceed six hundrea aM fifty 40114rs (1450) except from alenCtes of the City; such sur"ame to be refunded to the eeeiicant if there Is no appeal from a property Omer within three hump" and seventy-five (St!) feet of the suNect property. (City Coda, • Section 62.61) c SignatureWL er AYtMr1169 AgOfl Nee William G. Mauzy Address 245 N.W. 6th St. Miami, FL 32216 Ph"* fib 3-7233 STATt OF FLORIDA) SS: COUNTY OF UK ) 'rE -"44 s.r.yy f (� V!, being My son, dpNsa NW Sao that Ae is the (0wnerAA*tP*rt�l-a,gent-of-Owwj) •he real pray deseNtW to answer to question It above; that he has rood the for"a9n4 aMwM ant that the IM are true end e00010e; and (if actinq as 841nt for gwwr) that he had 'autherity to assavte this petition on behalf Of the pawner. e j� W v15� 1 1chelIe Pa5ervcv (NM) stioM s0 Aid before a tkisD 4 of la,! ity Cmission G:pires: VeNUAL NM%RY SEAL MICPt*LLE BA.SERVA NCTAR:' PuSLIC STME OF FLORtt9 CO?,N'.ISSION NO. CC321867 MyCOMIMISVON EXP. OCT. 63M w. igtary pie P4, State of Florida at Lefle 90= 031 P V PETITION FOR VARIANCE File Number - A variance is relaxation of the terms of the ordinance where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this ordinance would result in unnecessary and undue hardship on the property. As used in this ordinance, a variance is authorized only for height, area, size of structure, dimensions of yards and other open spaces and off-street parking or loading require- ments. (Section 1901) 1, M ett .Si-1 erhe im_, hereby petition the City of Miami Zoning Board for a variance from the terms of t e ;�Zgn1 Ordinances o the City of Miami," affecting ,See I t _ A..at-13� BANS property located at�nmx�,-,rn rn -nn;•, h•�c ':Miami as specified below. Teti t-im fcr Zmi ng Varia , dated May 3, 1996 In support of this application, the following material is submitted: * 1. Two copies of a survey of the property prepared by a State of Florida Registered Land Surveyor. * 2. Four copies of: the site plan showing (as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping etc; building elevations and dimensions and computations of lot area and building spacing. * 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (attach to application). * 4. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered by the application. 5. At least two photographs that show the entire property (land and improve- ments). 6. Other (Specify) N/A 7. Fee of $ to apply toward the cost of processing, based on the following: CS, PR, R-1, R-2, (single-family and duplex residential uses) ............. $ 200.00 Piers, docks, wharves and the like, for each variance from the ordinance, per lineal foot ........... $ 30.00 r Minimum ................................... $ 600.00 All other applications for each variance from the ordinance, per square foot of gross floor area of new building(s) or additions, based upon the definition of floor area (section 1901) ............. $ 0.07 Minimum ................................... $ 550.00 �6- 1 931 r Application for variance as a result of a change in approved plans or as a result of a violation notice shall be charged an additional fee, per variance: CS, PR, R-1, R-2 ......................... ; 200.00 All other residential districts .......... ; 350.00 All nonresidential districts ............. ; 450.00 Extension of time for variance ........... ; 400.00 Surcharge equal to applicable fee from items above, not to exceed six hundred and fifty dollars (;650), except from agencies of the city; such surcharge to be refunded to the applicant if there is no appeal from a property owner within three hundred and seventy-five (375) feet of the subject property. (City Code - Section 62-61) F * 8. The variance requested is for relief from the provisions of section of the City of Miami Zoning Ordinance as follows: 9. In support of the application, the applicant is prepared to offer the following evidence, on the point enumerated at Subsection 1903.1 of the City of Miami Zoning Ordinance. Note: This application cannot be accepted for Zoning Board action unless all of the following six items are completed. * (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district in that: (list evidence to be produced and use additional sheets, if necessary.) mn *See Petition for Zonin V i for BAME Development Corporation for South r 1 Florida, Inc., dated May 3r, - �. I 96- 931 * (b) The special conditions and circumstances do not result from the actions of the petitioner in that: * (c) Literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the zoning ordinance and would work unnecessary and undue hardships on the petitioner in that: * (d) Granting the variance requested will not confer on the petitioner any special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the same zoning district in that: * (e) The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure in that: *See Petition for Zoning Variance for BAME Development Corporation for South Florida, Inc., dated May 3, 1996. * (f) The grant of the variance will be in harmony with the general intent and purpose of the Zoning Ordinance, and will not be injurious to the neighborhood, or other- wise detrimental to the public welfare. Note: All documents, reports, studies, exhibits or o h r written or graphic material to be submitted to the Zoning Board shall be sub i e with this application. CIT Am Signature B . 0 ner or Authorized Agent City Caf Miard Name Zerrett S i PrheiM. CityManager Address 444 •W. 2r_t Aven;e, loth Floor Miaru., Florida 33233 STATE OF FLORIDA) SS: COUNTY OF DADE ) Merrett Stierheim _ , being duly sworn, deposes and says that he is the (Owner)(Authorized Agent of Owner) of the real property described in answer to question to above; that he has read the foregoing answers and that the same are true and complete; and (if acting as agent for owner) that he has author' t execute this petition on behalf of the owner. ( me) SWORN TO AND SUBSCRIBED before me this day of (1 ov e✓rY,ber— 199 a. Notary Public,LState of Florida at Large My Commission Expires: osPV PUB 0FFICtAt NOTARY SEAL �� ANGIE RUILOBA 2 lf' `;; C) ComwSOON NUMBER CC53838? 9! + tp� MY C4iMW SM EXPJRt_S ��� MAR. 90„POno *See Petition forda Ma7Zoor ipg y V i Florida, Inc., gg,for BAN1E Development Corporation for South 96-- 931 IFAY- ] -4b IWEa i a �9 F" 02 PETITION FOR VARIANCE File Number ,�•,,,, A variance is relaxation of the terms of the ordinance where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal entoreeme t bf this ordinance would result in unnecessary and undue hardship on the Property. As used in this ordinance, a variance is authorized only for height, area, size of structure, dimensions of yards and other open spaces and off-street parking or loading require- ments. (Section 1901) I,William G. Mauzy Executive Director of BAME Development Corp. . hereby petition the City of Masi Zoning Board for a variance from the terms of tie. 0" ig-Qrdinances of the City of Miami ' affecting property located atsee x ibs. , Mani as specified below. In support of this application, the following material is submitted: _x L. Two copies of a survey of the property prepared by a State of Florida Registered land Surveyor. ?_ 8. Four copies of: the site plan showing (as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping etc; building elevations and dimensions and computations of lot area and building spacing. .. X— 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (attach to application). X4. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered by the application. ` •, X , S. At least two photographs that show the entire property (land and improve - Monts). 6. Other (Specify) �X 1. Fee of $ 22 . 660 _% apply toward the cost of processing, based on the following: CS, pR, R-11 R-91 (single-family and duplex residential uses) ............. S 500.00 piers, docks, wharves and the like, for each variance from the ordinance, per lineal foot ........... 3y0./0y0� minimum....•.............................o + 600.00 All other applications for each variance from the ordinance, per square foot of gross floor area of new building(s) or additions, based upon the definition of floor area (section 1901) ............. S 0.07 Hinimum................................... 550.00 47d 96- 931 R&Y. White 30837tS03Ss P. 02 (j w.uz Fly' 605.6 637.2 3ICCN'1� 649.8 680.E , TOTAL 1255.4 1317.7 MRST SECOND 5.�0.7 .SBS.� 6�1621.1 TOTAL - 1157.1 .9 I i FIRST 631.4 658.4 ` s` c SKC t�ND 679.2 709.1 TOTAL 1310.61367.5 96— 931' r RoV. Whito E033T3@3$� P.03 3 1 t UNIT "C" 1,317.70 x 15 = 19,765.50 sq. feet UNIT "E" 1,207.10 x.15 = 18,106.50 sq. feet i , MIT "F" 1,367.50.x 10 r 13,675.60 sq. feet 38,009 x 7c i 2, 660.56 M Application for variance as a result of a change in approved plans or as a result of a violation notice shall be charged an additional fee, per variancet CS, PR, R-14 not ......................... W000 All other residential districts .......l.. $ 350.00 All nanrosidential districts ............. $ 4SO.00 Extension of time for variance ........... S 400.00 Surcharge equal to applicable fee from items above, not to exceed six hundred and fifty dollars ($650), except from agencies of the city; such surcharge to be refunded to the applicant if there is no appeal from a property owner within three hundred and seventy-five (315) feet of the subject property. (City Code - Section 62.61) S. The variance requested is for relief from the provision$ of section 401— 3—R4 front Of the City of Miami Zoning Ordinance as follows? set back requirements. The set back requirement of 20' frontage is required at the front of property zoned R3—R4. We request relief from this provision fox a set back of 10' frontage.q and from the required setback of 151 at the side to 101. On the:kW 6 Ave. (South block) the required setback is 20' and we request 151. 9. 1n support of the application, the applicant is prepared to offer the following evidence, on the point enumerated at Subsection 1903.1 of the City of Miami toning Ordinance. Note: Thin application cannot be accepted for Zoning Board action unless all of the following six items are completed. (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in.the same toning district in that? (list evidence to be produced and use additional sheets, if necessary.) This property is to be developed into a well landscaped 40 single units of affordable housing consisting of 3 and 4 bedroom homes. At this time this property is in an abandoned state and a visual bligY.. in the inner city. The lots are such that not all of them can meet the set back required by the City of Miami Zoning Ordinance due to their location. Please refer to the site plansy floor plans and photographs of the current property. 95- 931 r WM33 11 940 P . e 4 (b) The special conditions and circuestances do not result from the actions of the petitioner in that: The project attempts to make maximum use of the limited space the irregular shape and size of the available lots. rs (c) titerdl interpretation of the provisions of the toning ordinance would deprive the Applicant of rights commonly enJoyed by other properties in the some toning district under the terms of the toning ordinance and would work unnecessary and undue hardships on the petitioner in that: The literal interpretatic of the front set back provision of the zoning ordinance would mean that several of the units would be deprived of green space in their back areas. Additionally, it would deprive the applicant of the opportunity to provide affordable housing units to fulfill a need in the community. It would also deprive the City of Miami the opportunity to improve the liveability of its inner community, enhance its visual esthetics and deprive a segment of the public an opportunity to fulfill the American Dream of home ownership. (d) Granting the variance requested vill not confer on the petitioner any special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the tame toning district in thatt Granting this variance does not deny any other privilege to any other land, building or structure which is not available to them on the same terms as would be available to the petitioner. (a) The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure in that: The site plan shows that this request is the minimum required to meet the goals and purposes of the development.. 96- S31 r P. em (f) The grant of the variance'will be in harmony with the general intent and purpose of the Zoning Ordinance, and will not be injurious to the neighborhood, or other. wise detrimental to the public welfaFe. The grant of this variance will be in harmony with the general intent of the zoning ordiance and will greatly improve the neighborhood and show the City's and Applicant's committment to the public welfare. Notat All doemats, reports, studies; exhibits or other written or graphic oatorial to. be submitted to the Zoning Board shall be submitted with this application. (D h Signature'' Owner or Authorized Age t Name William G. .Mauz Address 245 N.W. 6th St. Miami, FL 32216 STATE OF FLORIDA) SSI COUNTY OF DADE ') W ! om )?Vhe being duly sworn, deposes and says that he is the (owner)(Authorized Agent of firmer) of real property described in answer to question P1 above; that he has read the foregoing answers and that the same are true and complete; and (if acting as agent for owner) that he has authority to execute this petition on behalf of the owner. s-5 A �„J , V/1 ac-�lel l P{�'f��CV. (Name) SWORN TO AND SUBSCRIBED before gee this day of ��Q J My Commission Expires; OF1FXL6 L NO i j fi SEAL M7CF ILLS BASERVA NOTARY MAN 1C S ATb OF FLOR A CO?. MISV.0N NO. CC: 21667 MY COV,`A.'.SSION FRCP. OCT. b,1:'97 'FY ublic, State of Florida at large 96- 931 r AFFIDAVIT STATE OF FLORIDA } } SS COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared 1 Merrett Stierheim who being by me first duly sworn, upon oath, deposes i and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for him to act in their behalf for the change or modifica- tion of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phone numbers and legal descriptions for the the real property of which he is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are t and co r�ct. Further Affiant sayeth not. X r Sworn to and Subscribed before me this G day of nco , 191?- Notary Pub ic, St to of Florida at Large My Commission Expires: �P�Y � SFMCIAL NOTARY AAL NG F RUILO A n COMPAISUON NUMBER *�,''. CC538387 7r ;t^� vt0 MY ':A;A1SS10N EXPiA .a FOF :: s. 10,2000 96- 931 r OWNER'S LIST Owner's Name See Exhibit "B" of the Application for Special Exception for BAME Development Corporation of South Florida, Inc., dated May , 1996. Mailing Address Telephone Number Legal Description: City of Miami Owner's Name Merrett Stierheim,. City Manager _ Mailing Address 444 S.W. 2nd Avenue, loth Floor, Miami, FL 33233 Telephone Number (305) 416-1025 Legal Description: w Owner's Name Mailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately)'within 375 feet of the subject site is listed as follows: Street Address Legal Description Street Address Legal Description Street Address Legal Description 96- 931 0 a DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: See Exhibit "A" of the Application for Special Exception for BAME Development Corporation of South Florida, Inc., dated May 3, 1996. 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. City of Miami; 100% Ownership 3. Legal description and street address of any real property (a) owned by any party listed in answer to question f2, and (b) located within 375 feet of the subject real property. Not Applicable. CITPFM B OWNER OR ATTORNEY FOR OWNER STATE OF FLORIDA } SS: COUNTY OF DADE } Merrett Stierheim , being duly sworn, deposes and says that he is the (Please Print) (Owner) (Attorney for Owner) of the real property described in answer to question #1 above; that he has read the foregoing answers and that the same are true and complete and (if acting as attorney for owner) that he has authority to execute the disclosure of Ownership form on hetA f of the owner. SWORN TO AND SUBSCRIBED before me this & day of f1,py , 19 =i L- MY COMMISSION EXPIRES: SEAL) ignr3tEure of Owner or Attorney for Owner Notary ublic,'State of Florida at Large O�PRY pU (/ OFFICIAL NOTARSE Y AL ANGIE RUILOBA ' 2 , n COM64SWON NUMBER 9 �Q CC538387 MY COMMISSM EXPIRES `cOF Y1 MAR. 10,2000 96- 931 r r 3AVIT STATE :F C041:A } i SS :OUMTr or :Act } Iefore soy the undersi/nod authOrity, this day otmenally 000e4red .AY ®tirq by a first duty sworn. mom oath, deletes ant says: 1. That he is the owner. or the fatal rrasentative of the war, submitting the accONWying application for a pAl lc hearing as required by ! Ordinance 110M of the code of the city of niani. Florida, affecting the real property located in tM City of Ill 01. as described and listed an trio pages attached to this affidavit ant aide a Part tMreaf. 2. That all Owners shieh he -OF Isants, if my, have given thetr full and eossleto permission for his to amin their WWI` far the change or sadifica• tion of a classification or regulation of mirq as set out in IN accaspenying petition. S. That tM "" Attechel Mrsta and save a pan of this affidavit contain the current anew. stalling adid, ses, phone nhaMM ed legal descriptions for the tM rest progism of laid) he is the MW OF legal reprssantative. 4. TM fella as mWasontod in tM wilcatien ad de rawts su0aittel in cwjwretlop sit# this affidavit are true and aarrM. further afflant ulsth Hatt. .. /�,,,�,-��� cS�►�� sworn to awd Subscribed before art. this aEddsy of 1 notary AAlic. Stati of "Wide at Lar*a M Ie.+IaU_e BSc?? -VA OFFICIAL NOTA-Y SNL MICiiELLE BASERVA . NOTARY PUBLIC SI't.TE OF FLORIDA COMMISSION NO. CC321867 MY COMMISSION EXP. OCT. 6,1997 90= 931 aY.. �i ;yaw, S uST tinerse�e See -letter dated April 5, 1996 from Jeffery Hepburn, Assistant Director NET/Housing Division Exhibit "B" attached raW nq hddress pai. Te1e0ho w der ;p41 Description: *oar's pM SAME Development- South Florida._ jnc,—� _ 245'N.W. Sth St., Miami, Dade Co.__F1 32216 1ii) � its A�Pesi Telep�e ear (305) 373-7233 ' Lagal Description: . SEE EXHIBIT "A" ATTACHED HERETO MADE PART HEREOF QM1er' 9 Matt Miiiifl� Wdi'i9s 1 Yetepltione sir � Le�ai Doscri®tion: MY other reel estate p ees indivi*4111. geintly, et s�erelly (iy c4rieratiar pannersaip or privately) wiftfis 37% feat of-tM sw4iect site is listed as fellers: Street Address Leal Oeeeription Street 1r6it°sss Le�oS Oese�l�t1M! Street Address Lgpi pence e 96- 931 r _ Exhibit "A" Legal Description L. Lots 1 through 4 inclusive, Block 5, Overtown Villas Section 03, Plat Book 125, Page 62, as recorded in the Public Recordi of Dade County, Florida (Folio Number 01--3137-024--0010 through 0040) 9 And Tract."F`, Overtown Villas Section 03, Plat Book 125, Page 82, as recorded in the Public Records of Dade County, Florida (Polio Number 01-3137-024-0050) And ✓Lots 4, 5, 7, and 8, in Block 49, of North City of Miami,. according • to the Plat thereof., as recorded in Plat Book 'B", at Page 41, of the Public Records of Dade County, Florida. (Polio Numbers.01-0104-090-1060, 1070, 1090 and 1100). II. Lots 1 through 10 inclusive, Block 61 Overtown Villas Section 04, Plat Book 125, Page 83, as recorded in the Public -Records of Dade County, Florida (Folio Numbers.01-4137-026-0010 through 0100) And Lots i through 3 'inclusive, Block 7, Overtown Villas Section 04, Plat Book 125,' Page 83, as of Dade County, Florida (Folio Numbers 01-4137-026-0110 through 0130) TraCte "O" and off", Overtown Villas Section 04, Plat Book 125, Page 03, as recorded in the Public Records of Dade County, Florida (Folio Number 01-4137-026•-0140) a .HEM. �y3T�f2�2� Formerly known as: Parcels 45-51 45-6, 45-7, 45-8, 45-9, 45-10, 45-11, 45-12, 45-13 and 45-14, all legally described as follows: Rar,cel No. 45 5. ..The South 2 inches of Lots 9 and 10, and all of Lots 11 and 12, in Block 52, NORTH OF MAP OF MIAMI, according to the Flat•thereof, recorded in Plat Book "B",' at Pago 41, of the Public Records of Dade County, Florida. r�S=I No. 45-6 ..Lot 14, in Block 52, NORTH OF MAP -OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", at Page 41, of the Public - Records of Dade County, Florida. e parcel, NO. 45-7 ,eLot 15 in the West 4 feet of Lot 161 in Block 52 NORTH OF MAP OF MIAMI, according to the Plat thereof, recorded in Plea Book "B", at Page 41, of the Public Records of Dade County,'Florida. parcel No. 45-8 Lot 16, LESS the East 5 feet and LESS the West 4 feet thereof, in :. Block 52, NORTH OF MAP OF MIAMI, according to the Plat th®reof, as recorded in Plat Book "B", at Page 41, of the Public Records of Dade County, Florida. parcel Ng. 45-9 the Bast 5 feet of Lot 16, ' and all of Lot 17, in Block 521. NORTH OF MAP OF MIAMI, according to the Plat thereof, as recorded in .Plat Book "B", at Page 41, of the Public Records of Dade.County.. Florida. Z§j=1- No. 45-10 v Lot 16, Lose the North 4 feet of the Last 25 feet thereof, in .Block. 52 NORTH --OF.-MAP..OF_ MIAMI,. according— recorded.in Plat Book "B",-at Page 41, of the -Public Records of - Dade County, Florida. 96— 931 r yarcel PTo. 45-11 %othe North 4 feet of the East 25 feet of Lot 18, in Block 52, NORTH OF MAP OF MIAMI,�according to the Plat thereof, as recorded in Plat Book 08", at Page 41, of the Public Records of Dade County, Florida. Parcel AiP.�.z The South 58•feet of Lots 19 and 20, in Block 52, NORTH OF MAP OF MIAMI,,according to the Plat thereof, as recorded in Plat Oook "B', at Page 410 of the Public Records of Dad© County, 'Florida, iefto North 42 feet of the South 100 feet of hots 19 and .20, in Block 52, NORTH OF MAP OF MIAMI, according to the Plat thereof, as recorded in Plat•Book "B", at Page 41, of the Public Records of Dade County, Florida. Parcel No. jlzU the North 50 feet of. Tots'19 and 20, in Block 52, NORTH OF MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Qook "B", at Page 41, of the Public -Records of. Dade County, Florida. 5a MIBIT "B" IrLW-369563 i 1 i C Ni'C+g04NCg0 i,M„,�-(�t(Ni tvle K[TrM 1;eKPI L WAIEN Apri15,1996 hlr. William G. Mauzy, Executive Director BAME Development Corporation of South Florida, Inc. P.U. Box 015458 Nikuni, Florida 33136 Re: Nelt.Hopefc►-ertown flotts%rg!'rojert 40 U11111Ho» teot4rtership Dear -Mr. Dfauzy: As you maybe Aware, in April of 1995, the City Commission through Resolution No. 95.303, approved providing BANIE Development Corporation of South Florida, Inc. funding in the amount of $125,000 from the City's FY' 1994 Home Investment Partnership Program, for the purpose of defraying the cost of predevelopnlent activities, i.e., constriction drawings, platting fees and other staff costs related to the dcvclopment of the proposed New Hopel'OvertoNvii Project. This letter further servos to Advise you that at the April 25, 1996 City Commission meeting, the City Administration plans to present legislation recommending the allocation of $800,000 from the City's State Housing Initiatives Partnership Probrum (SHIP Program) andlor HOME Program to BAME Development Corporation of South Florida, Inc. in connection with the proposed project. The said funding is being allocated for the purpose of providing construction financing and second mortgage financing to BANIE Development Corporation of South Florida, Inc. and the prospective home buyers, respectively. Lastly, the subject parcels assembled by the City in connection with the proposed project, will be ultimately conveyed to DAME Development Corporation of South Florida, Inc. within ninety (90) days prior to the commencement of construction. The City of Miami looks forward to %working with you in bringing the New Hope/Overto"Il "" --- i be of any assistance; please feel free to contact nu at 579- NETillouslna Milslon rono &W. Wdy,:uite 401 / M. OW. fl 33131 / (305) STa• 3,L5lrox:371-9710 BAME / Valid �lir� 13 5K93,/1 cT-93-585 8/25/93 RESOLUTION No. 9 3 — 577 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO MAEE OFFERS AND EBECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE PROPERTY OWNERS FOR ACQUISITION OF SEVEN PARCELS (PARCEL NO. 06- 04, 06-05, 06-06, 06-07. 06-08, 06-09 AND 06- 20) LOCATED WITHIN THE OVERTOWN COMMUNITY DEVELOPMENT TARGET AREA FOR THE . TOTAL PURCHASE PRICE OF $218,800, AND WHICH ARE MORE PARTICULARLY AND LEGALLY DESCRIBED IN • TSS. • ATTACHED ' BXBIBITS "A" AND °BM • RESPECTIVELY, TO BE USED FOR TEE DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES ' IN CONNECTION WITH THE SCATTERED SITE AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. UNDER THE OVERTOWN HOMEOWNERSHIP PROGRAM, PROJ7CT NO. 705214, FOR ACQUISITION OF THE SUBcTECT PROPERTIES; AND AUTHORIZING THE CITY ATTORNEY TO PROCEED TO CLOSE ON TEE SUBUECT PARCELS AFTER EXAMINATION OF THE ABSTRACTS AND CONFIRMATION OF OPINION OF TITLE. WHEREAS, there exists a severe shortage of standard housing in the City of Miami affordable to families and. individuals of loci and moderate income; and WHEREAS, on duly 8, 2993, through Resolution No. 93-944, the City Commission directed the City Manager to reallocate $500,000 in unexpended Community Development Block Grant funds for the purpose of acquiring suitable housing sites throughout the City Of Miami, particularly in the Overtown Community Development t Target Area; and �3. crrr CoMMSSrox bMETING OF SEP 2 7 1993 Rtioluliom lily s Lx. WHEREAS. several surveys have been conducted -in an effort to identify locations in the target areas where the expenditure of these funds would have maaimumimpaot in reversing disinvestment .and .deterioration while, at the same time. increasing housing resources; and VEEREAS. the parcels identified for acquisition in the Overtown Target• Area are located in. the area targeted for revitalization; and WHEREAS, once acquired, the assembled sites will be developed by the City of Miami under the City's Scattered Site Affordable Homeownership Development Program or wade available to a not -for -profit housing corporation for the purpose of developing affordable housing units in the Overtown Target Area; and VNEREAS, at the November 22, 2992 City Commission meeting through -Motion No. 92-727, the City Commission expressed support in connection with an affordable housing development planned in the Overtown neighborhood, to be sponsored jointly by the Christian Community Service Agency (COSA)..and Reverend John F. Yhite of Greater Bethel A.M.E. Church. As a result, four (4) of the subj.eoi6 parcels are being acquired in order to assemble suitable housing sites in the overtown area in connection with CCSA/Greater Bethel A.Y.E. Churoh's housing proposal; and s 96- 931 tJl _2- 93- 577 A G WHEREAS, seven (7) parcels in the Overtown Community Development Target Area have been identified and recommended for the development of housing affordable to low and moderate income families; and VEMMAS9 the City of Miami is interested in acquiring seven (7) parcels of land located in the Overtown .neighborhood which are more particularly and legally described in the attaohed Exhibits. -"A" -end "B" for the development of such housing; and WHEREAS, appraisals have been obtained and efforts to secure the properties for valid public and munioipal purposes through negotiation should be undertaken by the City; and WHEREAS, funds are available in the total amount of $118,800 from Community Development Block Grant funds for land acquisition costs in connection with the Program; and WHEREAS, the amounts set forth in Exhibit "A" are reasonable and in keeping with the costs of acquiring property through the normal negotiation process; and WHEREAS, the City Commission previously established a policy under Resolution No. 77-73 allowing a bonus over the appraised value to owners who sell their property to the City through a negotiated settlement in lieu of condemnation; NOW, THEREFORE, BE IT RESOLVED BY THE COHNISSION OF THE CITY OF MIAMI, F2ORIDA: . 96-- 931 -3- 93- 577 66 Section 1. The recitals and findings contained in the Preamble of this Resolution are hereby adopted by ref erenoe thereto and incorporated herein as if fully set forth in this •Beotion. Section 2. The following offers as indicated are hereby authorized to be made to the owners of the subjeot-properties in the amounts as isidicated below . CONTRACT TARGET" APPRAIbIM APPRAIS`M PQRCSASE r AREA P& QRL' ADDREM 01 VALTM 12,.. PRTCEo Overtown 520 NW 7 St. $13,800 $27,600 $13.800 (Parcel No. 06-04) Overtown 636-642 NW 5 Ave. $20,000 $40,000 $30,000 (Parcel No. 06-05) , Overtown 636 NW 51 Ave. $10,000 $20,000 $20,000 (Parcel No. 06-06) Overtown 529 NW 7 St. $20,500 $30,000 $10.500 (Parcel No. 06-07) Overtown 732 NW 5 Ave. $20,000 $20,000 $21,500- (Parcel No. 06-08) Overtown 721 NW 5 Ave. $20.000 $20,000 $20,000 (Parcel No. 06-09) Overtown 716NW 4 Ave. $22,000 $22,000 $23,000 (Parcel No. 06-10) Section 3. Community Development Block Grant hand acquisition funds, previously authorized by the City Commission (Project Number 705214). are hereby designated to defray the cost of said acquisition in the total amount of $218,800. A. . 96- 931 93— 577 Section 4. The City manager is hereby authorizedll to 1 execute an Agreement of Purchase and Sale ("Agreement"), in a f,. lbrm acceptable to the City Attorney, for the subject properties identified at the costs stated in Rrhibit "A", and to disburse the sum(s) of money in accordance with the City Commission's authorization and the Agreement. l Section 5. * The City Attorney is hereby authorized to I proeeed.-to close on said properties attar receiving confirmation of marketable and insurable title pursuant to the Agreement. 1 Section 6. This Resolution shall become effective i Immediately upon its adoption. PASSED AND AnOPTED this 27th day of _September _ 1993. ER L .. ;SNARE?? MAYOR 4 RIRAII CITY CLERK The herein authorization Is Further subject to oomplianoe with all requirements that may be imposed by the City Attorney, Including but not limited to those prescribed by applicable City.Charter and Code provisions. A. l • 93- 577 /7 9�- 931 -B- �� I q4 - COM =ITY Dom}',,, M REVIEW: 00 ITY DEVEWPINT DEPARTXENT PREPARED AND APPROVED BY: F P. e7O s ASSISTANT .. T'Y ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A• CITY AT BY S7FeT: ook : M3t20 06- 931 ffm r 93- 577 EXHIBIT "A" OVERTOWN COMrtrn!rnrVELM=NT TARcPT AREA pARr_s,r. N 06-04 PARCEL ADDRESS: 520 N.W. 7th Street PROPERTY LEGAL DESCRIPTION E. 46 ft..of lot 31 Block: 52, MIAMI NORTH,.8-41 FOLIO NUIMBERS 01-0105-020-2040 OWNER OF RECORD: Richard W. i Geraldine B. Foster LAND AREA: 46 x 150 APPRAISAL NUMBER ONE: $13,800 APPRAISAL NUMBER TWO: $27,600 ACQUISITION COST: $13,800 PARCEL HO, 06-05 PARCEL ADDRESS: PROPERTY LEGAL DESCRIPTION FOLIO NUMBER: OWNER OF RECORDS LAND AREA: APPRAISAL NUMBER ONES APPRAISAL NUMBER TWO: ACQUISITION COSTS 96- 931 636-642 N.W. 5th Avenue N. 100 ft. of lots 1 and 2, Blocks 52, MIAMI NORTH, B-41 01-0105-020-1020 and 01-0105-020-1010 Ida A. Fidlin 100 x 100 $20,000 $40,000 $30,000 . o 93- 577 i i EXHIBIT "A" �VER'MWN LOMMLI'+ ITY ngVELOPMENT TARGET AREA gARC L �lQ. 06-D6 PARCEL ADDRESS: 630 N.W. 5th Avenue PROPERTY LEGAL DESCRIPTION S. 50 ft.,of lots 1 and 21 Block: 52,•MIAMI NORTH, 2e41 FOLIO NUMBER: 01-0105-020-2030 OWNER OF RECORD: Charles H. Mixon, Jr. LAND AREA: 50 x 100 APPRAISAL NUMBER ONE: $101000 APPRAISAL NUMBER TWO: $20,000 ACQUISITION COST: $10,000 PARCEL fig, 06007 PARCEL ADDRESS: PROPERTY LEGAL DESCRIPTION FOLIO NUMBER: OWNER OF RECORD: LAND AREA: APPRAISAL NUMBER ONE: APPRAISAL NUMBER TWO$ ACQUISITION COST: .44 96- 931 93- 577 EXHIBIT "A" DVER!row ' CQ ITY DEVEL0 MENT =a= AREA ZARCEL NO, 06-08 PARCEL ADDRESS: 731.N.W. 5th Avenue PROPERTY LEGAL DESCRIPTION S. 50 ft.:of lots 9 and 10, Block: 48, MIAMI NORTH, B-41 FOLIO NUNBER:. 01-0104-000-2080 OWNER OF RECORD: Veda Gruber LAND AREA: 50 x 100 APPRAISAL NUMBER ONE: $20,000 APPRAISAL NUMBER TWO: $20,000 ACQUISITION COST: $21,500 PARCEL No, 06-09 PARCEL ADDRESS: PROPERTY LEGAL DESCRIPTION FOLIO NURSER: OWNER OF RECORD: LAND AREA: APPRAISAL NUMBER ONE: APPRAISAL NUMBER TWO: ACQUISITION COST: A 96- 931 721 N.W. 5th Avenue N. 50 it. of lots it and 22, Block::48, MIAMI NORTH, B-41 01-0104-060-2090 kobert Kaplan & Seymour Kaplan 50 x 100 $20,000 $20,000 $200000 1 EXHIBIT "A" PARCEL ADDRESS: 716 N.W. 4th street PROPERTY LEGAL DESCRIPTION ][.mot S, DAVENPORTS E08. Plat Nock 1-81 POLIO NUMBER: 01-3137-028-0060 TER OF RECORD: Panamanagement,,Ine. John H. Duhig, President LAND AREAS 30 x 1fl0 APPRAISAL NUMBER ONES $12,000 APPRAISAL NUMBER TWO: $I2,000 ACQUISITION COSTt $13,000 • I i f I ' f t f 1 93- 577 96- 931 V �i EXHIBIT "B" OVERTOWN COMMUNITY DEVELOPMENT TARGET AREA 1 •♦ •:';M••i Wit. ... i:, �!, .. irr+r. ,Tr,• :j•.i. • �..«ic���1�.���,•*•1• . �t`;;.t'•�'•�3::,nt;-:,; w,;�t,., , ter, "' .. N.W. Sth Street 1 i N.W. 7thj I IQ ; 1 -f II 1117 • �� 4 � 1 G "N' W. wi Street y a' Oi3 • : it24 r ® d r . .�I���i �,,,�` !: ;�A•�' G• � J.•: : �i '•jam! �•4:,.',,�'; W.:{qj[i Me ���, i �r �� ��•�� .r. 7r: • 7• a,. t Ix1l, s. rJ � a '� -r -t --t r{ /31 • �f • a w .13 N 1 1 13 � % t¢ 7Z t� T • L A 7 5 as.I 10 J1.9 30.5 it ip JO• s 20 JO 81. )I•s Jo .+ u Tr. A 496.08 '� a 50 f7S ,.� �• s J)i z - _.: a, � ��. � sir ('1 it J•- t 4 _-�'' �, J t gr so Prepared: 9/93 PROPERTY TRANSFERRED PEN DADE COUNTY . S.. Adelman County Deed Recorded June 4, 9 4-t OVERTOWN TARGET AREA I. (A) No Parcel Number 435 N.W. 7th Street OVERTOWN VILLAS SEC 3 (Prev. BLK 49) FN: 3137-024-0010 PB 125-82 Lot 1, Block 5 Lot Size: 51305 SF I. (A) No Parcel Number 44.5 N.W. 7th Street OVERTOWN VILLAS SEC 3 (Prev. BLK 49) FN: 3137-024-0020 PB 125-82 • Lot 21 Block 5 ' Lot Size: 31539 SF i I. (A) No Parcel Number 455 N.W. 7th Street OVERTOWN VILLAS SEC 3 (Prev. BLK 49) FN: 3137-024-0030 PB 125-82 _. Lot. 3, Block 5 Lot Size; 31539 SF I. (A) No Parcel Number 465 N.W. 7th Street OVERTOWN VIj,LAS SEC 3 (Prev. BLK 49) FN: 3137-024-0040 PB 125-82 Lot 4, Block 5 Lot Size: 5,305 SF I. (B) No Parcel Number PROPERTY IS NOT OVERTOWN VILLAS SEC 3 (Prev. BLK 49) LISTED IN ARPS PB 125-82 FN; 3137-024-0050 Tract "F" I. (C) No Parcel Number 528 N.W. 8th Street MIAMI NORTH, PB B-41 FN: 0104-090-1060 Port of Parcel 42-3 AKA Lot 4, Block 49 ' Lot Size: 7,500 SF I. (C) No Parcel Number 538 N.W. 8th*Street MIAMI NORTH, PB B-41 FN: 0104-090-1070 Port of Parcel 42-3 AKA Lot 51, Block 49 Lot Size: 7,500 SF No Parcel Number 550 N.W. 8th Street MIAMI NORTH, PB B-41 FN: 0104-090-1090 Port of Parcel 42-3 AKA Lot 7, Block 49 Lot Sizes 7,500 SF I. (C) No Parcel Number 560 N.W. 8th Street MIAMI NORTH, PB B-41 FN: 0104-090-1100 Port of Parcel Lot 8, Block 49 42-3 AKA Lot Sizes 7,500 SP q1 PROPERTY TRAN:. ERRED FRO41. DADE COUNTY .� Page -2- 1 f S II. tA) No Parcel Number 551 N.W. 6th Street OVERTOWN VILLAS SEC 4 (Prev. BLK 52) FN; 4137-026-0010 83 Lot11,-Block 6 Lot Size; 4,492 SF II. (A) No -Parcel Number 545 N.W. 6th Street OVERTOWN VILLAS SEC 4 (Prev. BLK 52) FN; 4137-026-0020 PB Lot125 Block-36 Lot Size; 3,542 Sr No Parcel .Number 541 N.W. 6th Stre.et. OVERTOWN .VILLAS SEC 4 (Prev. 81k 52) FN: 4137-026-0030 PB Lot125-83 Block 6 Lot Size: 4,.546 SP II. (A) No Parcel Number 535 N.W. 6th Street OVERTOWN VILLAS SEC 4 (Prev. BLK 52) FN; 4137-026-0040 PB Lot125-83 41 81ock 6 Lot Sizes 4,546 SF II. (A) No Parcel Number 531 N.W. 6th Street OVERTOWN VILLAS SEC 4 (Prev. BLK 52) FN; 4137-026-0050 LPB ot125 Block-36 Lot Size: 3,542 SF r' - II.- (A) No Parcel Number 525 N.W. 6th Street OVERTOWN VILLAS SEC 4 (Prev. BLK 52) FN: 4137-026-0060 LPBot1225-83 Block 6 Lot Sizes 3,542 SF II. (A) No Parcel Number 521 N.W. 6th Street OVERTOWN VILLAS SEC 4 (Prev. BLK 52) FN; 4137-026-0070 PB Lot125-83 Block 6 Lot Sizes 4,545 SF II. (A) No Parcel Number 515 N.W. 6th Street OVERTOWN VILLAS SEC 4 (Prev. BLK 52) FNs 4137-026-0080 PB 125-83 Block 6 I I Lot Sizes 4,545 SF PROPERTY TRANL .RRED FROM DADE COUNTY . Page -3- II. (A) No Parcel Number 511-N.W. 6th Street OVERTOWN VILLAS SEC 4 (Prev. BLK 52) FNs 4137-02670090 PB 125-83 Lot 9, Block 6 Lot Size: 3,542 SF II: (A) No Parcel Number 501 N.W. 6th Street OVERTOWN VILLAS SEC 4 (Prev. BLK 52) FNs 4137-026-0100 PB 125-83 Lot 10, Block 6 Lot Size: 4,489 SF I.- No P cel u b r 621 N t venue. YP TOW LLAS EC 4 (P v. 5 F 4137- -0 25 83 Block 7 Lot ize: 4,. 6 SF II. (B) No Parcel Number 621 N.W. 6th Avenue OVERTOWN VILLAS SEC 4 (Prev. BLK 52) FNs 4137-026-0110 PS 125-83 Lot 1, Block 7 Lot Size: 4,506 SF II. (B) No Parcel Dumber 611 N.W. 6th Avenue OVERTOWN VILLAS SEC 4 (Prev. BLK 52) FN: 4137-026-0120 PB 125-83 Lot 2, Block 7 Lot Size: 2,251 SF II. (B) No Parcel Number 601 N.W. 6th Avenue OVERTOWN VILLAS SEC 4 (Prev. BLK 52) FNs 4137-026-0130 PB 125-83 Lot 3, Block 7 Lot Size: 4,503 SF II. (C) No Parcel Number PROPERTY IS NOT OVERTOWN VILLAS SEC 4 (Prev. BLK 52) LISTED IN ARPS PB 125-83 FN: 4137-026-0140 TRACTS "G" AND "H" ALL OF PARCELS I. AND II. ARE FOR DEVELOP14ENT BY C.C.S.A. r 11 r EXHIBIT "C" ti ,. 96- 931 i 77 rA ntt'T'ICT.t:S OF ITWORPORATIUTT c) f 1tA111: 11r:V1:T-ON-11:31T COnrORATMN OF sou'rn r1,nrnm, 111C. (A Corprr rnLiurt PoL-r..or.-Profi.1:) 11 n t.hn midnr.sicjwt d, wi.0% oL•her parsons, being desirous of forming a ►:orpotntion rcrr, cluir.itabin arid ph.ilartt;hr.dpic purposes under Lhe nr MAW.: r 617 of the Florida Statues, do agree to do the following: ARTICLE I NAMB This organization, hereinafter referred to as the Corporation, shall t.lir he known as The BA1,1r•, Development Corporation of South Florida, Iric. ARTICLE II DURATION Th- Cnr.porati,ort shrill exist in perpetuity. ARTICLE III PURPOSES AND POWERS The ptit-poses of: Lhe Corporation are educational and charitable withi.r, the mpAning of Section 501 (C) (3) of the United States Internal navrnae Code of; 1954, as amended. Without limiting the generality of such ptirpor-ps, the Corporation -intends: 96- 931 t• ,t, .1 iltlr - 11AM1" (1^.;1 0'11. f?f L,. F1f'lridl, Ior. . 1 .. •1',% ter <%trs,d r• t (1e. d,, .•,, (t111111^tit. fzf 1C1�^fill-11.r` v 1 owCO!Ct 11011!" 1 t)(j i.t� Itlnr+;. 1•e. t 11)r% I"If't rld-rly, tl it(1 7C)lJ-ittr'rin r+ T r!':IC,1 C". t i t. 3 0 1:1:: •rf, f•,l.l qr~ l it t.11r orcj ini-, n( an of t nil-prat.it hott,i.ny dcvc!1(:+l�n1nnts i t h i.�! i�1•rtt: tit.;It, r,.,;II Lo r_rtg gc! in Lhe orgrtttS...rtt.i.att r,r. r)r tivn-prof.il: rental ltonsing for elderly, homeles. , moder, ,stet P!re•"r?r incomry pl^rnt^tts; ;, To nsrt ,rt If.zw--inc omn .i.tuli.viduals and graaps to become self r.uif.i.c.i.rmit in order to own, mnnnge', and operate rousing znd. other rclatnd entcrp'ri es in the Overtown area. 4. To proVid* social services to the needy: S. To trinsi.st in oht,nining thn fi.nnnci I send other support required for On rtir.po,es of the Corpornti.on; t:a1;h .-tact hold,by bequest, devise, gift, grant, purchase, least: of i v�l:ttexsr.i,e, airy proporty, real, personal., tangible or intangible, 1•ri.t:hout 11mitat l on -is to the amount or value; to sell convey or of hert:ise Clis+ose of, any mich property and to invest, reinvest, or 1 Oe11 Wi 01 Lke prii:ci pal or the income thereof in such manner Rs, in thn Jut: lgm-_nt of the directors, will best promote the purposes of the Corporation; .and to do all such. other acts as may be permitted tt.ndlf— F'� orxcia 1� tr. ARTICLE IV MEMBERSHIP The `voting mr4mbership of this Corporation shall consist of the Hoard of Di.recttor. a , elected from time--to-time: *W r i AM i1/1itl: tl^'. 1 t:�,1 1,. �t� �+. [ 1 nra C1,n • � tit; . ,ti,P,til.i•tii•11, TI-lii 1') rInssr, ter inrmllcr.,h.i1) finny be nst:lh)ishecl h%. eir o.i T ��•'i.•�1 . toms, i sf. i nq of p-rnoil^ 41II0 Ar^ (ICril74t1 , tlf Ti urI.icr 111Cj • 1 t.tir r,hjrr.i it or Uvl Cnrpor.ation. Such mcinbers ^hal.I pat:ti.cipate i.n :f;e tt:tiT -I i.11t, Col Iwlant.ion .n.•: 1lrrlvirir-d for jn i'.ho Cot I1•)r,-ILiCli1•!i I,y^I.ill� ARTICI..E V SUBSCRIBERS The names and addresses of the subscribers to these Articles of Incorporation .ire as follows: 11111.1E ADDRESS Rev. John F. White 470 N.E. 210th Cir. Terr. Attorney Marilynn K. Lindsey ttr.. Levi A. Johnson firs. Al f rrda Bt•own Miami, FL 33179 9651 S.W. 120L•h Ave. Miami, FL 33186 800 N.W. 207th St. Miami, FL 33169 1840 N.W. Olst St. Miami, FL 33147 ARTICLE VI INITIAL REGISTERED AGENT AND OFFICE R 1'ri tic i lm I or r i rc' Th^ str• nt. nticlrc^r. of the initial registered/ lozlice Iof the Corporation T.P 245 tior.t:hwest Gth Street, Miami, FL, 33136, and the name of the Corprrnt:ion's initial registered agent at that address is John F. White. 96- 931 W1 �,.�,r.. t ,',�•t ltAfil. (Ir•v 1 t i,. c,f :i. i { r I r AniCLE VI DnATiD Or UInggrons Th(- n(U-1i.rs of Hin Corpornt.i.on .Ball be managed by a Board of Dire-,tc•r i tat, �t nc, l�s:, Lit.1n three direct ors .it finny time. 'fate number c! tii re -tors cnny bn inr.rPa ,r:d from tame -to -time, in accordance with the Ar :ic i of the Inc. and the BY -Laws of the Corporation. The Pastor of the Greeter HaLhcl A.M.E. Church shall be the President of the Board. In the event of the resignation or death of a board member, the president shall appoint A replacemcnt to serve: the remainder.of the member's term. The- namn and addresses of the persons who shall serve as the initial directors of the Corporation are as follows: NAME Rev. John F. White Attorney Monrilynn K. Lindsey • ADDRESS 470 N.E. 210th Cir. Terr. Miami, FL 33179 9651 S.W. 120th Ave. Miami, FL 33186 Air. Levi A. Johnson 800 N. W. 207th St. Miami, FL 33169 firs. Alfreda Brown 1840 11. W. alst St. Miami, FL 33147 ARTICLE VIII The Corporation shall be authorized to endeavor in joint venture with other non-profit corporations or profit corporations so long as the overall purpo: of lhP joint verituredoes not negate the non-profit status of the Corporation. 3o.. 331 l�.l•1�• "• i�t)t - ilAHE tlr�vl -orl1. or S. FI.ori(i.�t ARTICLE i X • nr-Lnc�. Tll^ {t•t:lr d 1 1 ^r;l ilI"d". f1r (.Ilr'Corpor.iLi(in slla i I Inn (?, n(lopt., a i t-. nnc, 0•0 t••(.••;%I .:1(t•O I I Y ..I1.):: ))r I lit, (:"tt)(1l'11.Ifill tell Lim cotlllllt'I: !)r I ll.` imr.l,�r.•e� •;f. 1.1le (:-1rpnrnt.inil :,r. tltn DJr.nctorr, tnny cl-am necessrlry from Lime- t,)- tire . ARTICLE X OFFICERS Thn officers :1f thn Corporation shall consist of 'a President, a Vice -ru-si.de nt, a Secretary, a Treasurer, and such other officers as may Le 11rr%v! d,!ci for. in the? Ily-L iws . 'Tit_ of f i.cnrs slin11 be appointed .-it an annival meeting of the Board of Directors or ns otherwise provided in the By -Laws. The initial officers !-ls:li.1 h2 sploct:ed by the hoard of Directors at its first meeting. ARTICLE X1 DISSOLUTION Uponn Uvh dinsollttion or winding up of this Corporation, its assets rcmainit ,ft:nr Iwayment, ot provision for paytnent, of all debts and liabilities cf t} Cnrj?nrnti.on, shall he distributed to Greater Bethel A.M.E. Church, a not -for-rrofit corporation which is organized and operated exclusively for , •:it9ri.tnble purposes and which has established its tax exempt status under �+ction 501 (C) (3) of the Internal Revenue Code of 1954, as amended, or r-nrrr•.ni,^ndinq provisions of any subsequent' federal tax linos. Y [A- r I n r i rin 11r:. J�It11T�1Z'IUII ; , Nei part: of t iv! tict car'nLngs of Lilt' CorpnrnLion shal 1 jAMLP i.o Llic t':1. o , or ;,-� ctj!t_rjbIiI.abIC Lo, 1.Ls dir.r:r.Lot s, of firers, w.t,i.i t::i c: hr.i.:inte persons, except that the Corporation shall be aut-horizer' :n l to ray reasonable compensation for :services rendered and to make ±nts and distributions in furtherance of any of its purposes. No :antial part of the activities of the Corporation shall be the earrlinc pr.opAgnttdn, nr other wise attempting, tc influence leryislation (except Av?rwisc prnvidrrl i.n subsection (h) of Section 501. of the Internal i t»n cod-:! •,f 19`%4) , and the Corporation ;hall not participate or inter: ,-,n .nc.lusli.ng the publishing or distributing of statements) any political jlign on behalf of any candidate for public office. Notwithstanding any �. provision of these Articles, the Corporation shall not carry on any i �-1.ti.en not permitted to be carried on (a) by a corporation exempt, from Zt income tax under Section 501 (C) (3) of the Interni'll Revenue Code of ; (or the corresponding provision of any future United States Internal � iur_ I.zw), or (b)• by a corporation, contributions to which nre deductible Section 170 (C)(2) of the Internal Revenue Code of 1954 ( or the i 1 sponding provision of any future United States Revenue Law).. ARTICLE XIII i AMENDMENTS } j Articles of Incorporation may be amended by the Board of Directors at I 1 Icinl meeting called for such purpose or nt the Annu.ri1 Mecting of the ! Fj s 96- 931 [i i:,.i�• ;+r+t - i1i11ti; I�m11 . 611). of S. NOT ic3n, Itic. rci. A t 1.hi rds in:iiori.I.y nf, nl 1 incmbnrs nn Llict 11onrcl of D.i.t.c%{ ARTICLE X1V DEMISE Atli) INDEi•NIFICATION OF OFFICERS AND DIRECTORS Thr Corporation shall defend, indemnify and hold harmless, every rogintered agent, clirnctor or office-r and his or her heirs, personal representatives' .nri(3 .nclmi.nistrritors against liability and against expenses rt�asotinbly incur.re-cl by him or tier in connection with any action, suit o_ procceding to which lie or she may be made a party by reason of his or her having been a dire: -tor or officer of this corporation, except in relation mnttct:s as to which lie or she shall be. finally adjudged in such action, st or proceoding to be liable for willful misconduct. The foregoing rights shall tie exclusive of other rights to which lie or she may be entitled. III WITI•]ESS VITIEREOF, we the undersigned, as the incorporators of the above -named Corporation, do hereby subscribe our names and acknowledge the cx#:!c_aitivta of the same on this 'bt h day of Me) rc h 19` ---� e ( SEAL) STATE OF FLORIDA ) COUiTi'Y OF DUDE ) Gwenlotrn Y Dicktcn 96- 931 j•.�•{.• 11 "�(Ij - Itrltir oe-vi rtirp. tit s. rioricl.i, ittr. IIIEF RP ME, to Inc? woll i i and t:ttr,::•rt Lo mr, t.o lie? 1.1m pvrsori de sct:ibhc} in and who exocutc•ci the ;ccre__� murict&.'s or 1t1CURF'c)nA'1'IQtl,'grid ncknowledge L•o .znd before me th,t lie a>:e:::: ( --:+ic1 itinL't•ttm-ttL for l:lin purposes L•Itcrein c:xpr.ca,sed t�t•i'ttFSS my hand and official seal, this day of s::,r•P I 14 _'_i__,f itI the aforesaid County and State. ��'•.��.�,:�•» ._�../-•---f�-,;� -�- , NOTARY PUBLIC �:= `'•: �' f My Commission expire STATE OF FLORIDA COUNTY OF DARE Gereniolrri ;(.DiCki on •t:r� SiA7i;�,OF;FIORiON; >'�iu� ht�'Crltt'ri FJ�i Y7YD4 •�"� 80NDE0`• 7•4I t - t?iltti: P-1. I of ;. F )or i do T iic . HAHE DEVELOPMENT ._(;t)lil/U1t11TI Utt OF SZOUTII F1,011I DA r_t Lq - , 1 ACCEPTANCE I3Y REGISTER-:U AGENT Ir.itig bcnti named to accept service or process for thr. .Ibove-stated litioll, .a1. pljit.:a clesignaL•ed in the Articles, I hereby accept to act i 'f Iipar.ity, and agree to comply with the provision of saS.d act relative n J 1.iltU ape-n. said r. f. f irn . 1 ems.. r ► JOHN F. I-TI)ITE 96- 931 IN WITNESS WHEREOF, the undersigned Directors of the corporation have executed this Amendment to Articles of Incorporation this 76ttl day of January, 1993'after. approval thereof at m a x Clnq 0 ). Lhe d u ec LM—, of U is corporation 7 icld the s.-une date. There are no menix:rd entiLletl Lo vote. DMiE DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC. By: i ATTEST., - Secretary APPROVED: DIRECTORS: Ptfesi7dent J F. W h itP l e A n A trG a Brown Pursuant to the Articles of incorporation of M-0 Developnent Corporation of South Florida, Inc., a two-thirds majority of the mrbers of the beet d of directors shall be entitled to amend the Articles of Incorporation. 2 96- 931 . STATE OF FLORIDA ) ) COUNTY OF DADE BEFORE ME, the undersigned authority, personally appeared and JOfiti f''. talilE ZnQ ALT'RI;D?1 �3R0'V� , known to me to be the President /Scretary of DAME DEVELOPMENT CORPORATION OF SOUTu FLORIDA, INC. , a Florida not -for -profit corporation, and they persons who executed the foregoing Amendment to Articles of Incorporation and the acknowledged before me thatthey executed the same for the purpose, therein expressed. WITNESS my hand and official seal at the city of Miami, County of Dade, State 'of Florida, this 2Gth..Aay of January, 1993. ot ry P,y 3: c 'tate of 1'lori +a ( SEAL) (1 My Commission expires: •.Gwan4ilyn'.Y. Dickton- �4.:ry ''SIAiE OF'F•10RIDP 1, STATE OF FLORIDA ) .• '°•' ;E30NOED"` COUNTY OF DADE ) BEFORE ME, the undersigned authority, personally appeared JOHN F. WHITE, known to me to be the person who executed the foregoing Amendment to Articles of Incorporation and he acknowledged before me that he executed the same for the purposes therein expressed. WITNESS my hand and official seal at they city of Miami, County of Dade, State of Florida, this � 'e3'ay of January, 1993. 'Notary PppTlc,%State of/1'lorloa (SEAL) (/ / ' // My Commission expires L r Gxandolrn'f;DiiG n �4.t.rr 'St,�1E:OF.`FtOR10k; • v 3 96- 931 r STATE OF FLORIDA COUNTY OF DADE BEFORE ME, the undersigned authority, personally appeared LEVI A. Jodi. -SON , known to me to be the person who executed the foregoing Amendment to Articles of Incorporation and he acknowledged before me that he executed the same for the purposes therein expressed. WITNESS my hand and official seal at the city of Miami, County of Dade, State of Florida, this ?bttt,-jday of January, 1993. (SEAL) My Commission expireslr oGwanMctj•% v . „ .t-r',S1.k1E 0; her ceffM EA 1 .. • STATE OF FLORIDA ) 'tiOKOCC COUNTY OF DADE ) BEFORE' ME, the undersigned authority, personally appeared ALFREDA BROWN known to me to be the person who executed the foregoing Amendment to Articles of Incorporation and she acknowledged before me that she executed the same for the purposes therein expressed. WITNESS my hand and official seal at the city of Miami, County of Dade, State of. Florida, this __.:�.Li� ay of January, 1993. Ro a toNo'taary ` Sfiate Florida (SEAL) My Commission expires: GwtnOolyn Y Dick:on, "story 'STATEW;FLORIDN'.- �ti►uo �hi�i.Cicrrri,f�ip"V �p�' .1%.4100DED ' 4 96- 931 'Ww r FLORIDA I)L•PARTMr--NT OF :STATE Jim smith Secro try (d Stale February 17, 1993 ROBERT E. LIVINGSTON, ESQ. LIVINGSTON & KALETA, ESQ. 150 S.E. SECOND AVENUE, SUITE 300 MIAMI. FL 33131-1560 Re: Document Number N48031 The Articles of Amendment to the Articles of Incorporation for SAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC., a Florida corporation, were filed on February 17, 1993. The certification requested is enclosed. Should you have any question regarding this matter, please telephone (9 4) 457- 6050, the Amendment Filing Section. Thelma Lewis Corporate Specialist Supervisor Division of Corporations Letter Number: 393A00006949 96- 931 Division P.(). 11,0N (.29-1 �i�:lll:ltl:l '.�r�� , 1 1,�. 9 V,Vn1vr'-:"V/ x Vj' :•tiU!:l:;U;:tS•1V ���L. ~. °,:f�,'�If�,"?tl(r�llG•�tiC�Tl��tlC�lf` f1 J Drparfmrnt of gtntr I cerlify the rittached is e true and correct copy of the Articles of Amendment, filed on February 17, 1993, to Articles of Incorporation for BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC., a Florida corporation, as shown by the records of this office. The document number of this corporation is N48031. CR2E022 (2.011 w 5 7 �uC t ibrn unbrr tttr Imub attb thr ? c (Drrat Arai of tljr i tatr of .11oribn, v�'= a�SnI tilgimYrr, tl)r Capital, this thr eventeentli bzp of Fobruarv, 1993 arc 7 Vv1� lac :��iti1 �►11titll � �an�, �rrrrtart� of !+t:ctr � �riC .a M` /7t ^JAM ' ) 7t /�Jt 7M NttM• 1�17 •.:•' t•t<•� t� ti ',3«^,V,.,1(,)I ^^VI t^`1V�==^^1V� `^^1(J! Ci iV�•^^"(��.„^^,U���++^^7L,1.��++►^^.V;: C�11C�17C✓7t�✓11C✓tt�✓7 C�tC�73:y✓NLI✓'7w✓'fir✓'tC 96— A14ENDMENT TO •�� ARTICLES Or INCORPORATION or _ - - BAME DEVELOPMENT CORPORATION Or SOUTH FLORIDiii.;";tlC,:••;•.�••. (A Corporation Not -for -Profit) -� The following provisions of the Articles of Incorporation of BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC. , a Florida not - for -profit corporation, filed with the Department of State in Tallahassee? Florida, on March 27, 1992, are hereby amended as follows: 1. Article XI is hereby amended in its entirety to read as follows: ARTICLE XI DISSOLUTION Upon the dissolution or winding up of this Corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of the Corporation, shall be distributed to Greater Bethel A.M.E. Church, if it is at such time a not -for - profit corporation which is organized and operated exclusively for charitable purposes and which has established its tax exempt status under Section 501(c)(3) of the Internal Revenue Coda of 1954, as amended, or corresponding provisions of any subsequent federal tax laws.* If Greater Bethel A.M.E. Church does not at such time hold such status, such assets shall be distributed to the Board of Incorporators of the African Methodist Episcopal Church, if it is at such time a not -for -profit corporation which is organized and operated exclusively for charitable purposes and which has established its tax exempt status under Section 501(c)(3) of the Internal Revenue Code of 1954, as amended, or corresponding provisions of any subsequent federal tax laws. If the African Methodist Episcopal Church does not at such time hold such status, then such assets shall be distributed to, and only to, one or more organizations described in Section 501(c)(3) of the rode, and such organization or organizations shall not be "private foundations" within the meaning of the Internal Revenue Coda and shall be "publicly supported" within the meaning of the Code. 2. In all other respects the Ar.ticles of Incorporation are reconfirmed. The foregoing Amendment was duly adopted and approved by all of the Directors of the corporation, in the manner prescribed by Florida Statutes Section 617.017. Under Florida Statutes Section 617.019, the effective date of this Amendment shall be the filing date of tht, Amondment to Articles of Incorporation by the Department of State. 96- 531 IN WITNESS WHEREOF, the undersigned Direttors of the corporation have executed this Amendment to Articles of Incorporation this ?.Gth day of January, 1993, after ripproval tbarcof .zt a meetinq of the di.i:ect'rn-s" f Llie corporation �lield the same d��a. There are no mcmbcrs cnL•iticd to vote. BAME DEVELOPMENT CORPORATION OF SOUT11 FLORIDA, INC. r Secretary APPROVED: 6 By: sicient fr)a Drown (s Pursuant to the Articles of Incorporation of I3Ar = Developnent Co_roration of South rlorida, Inc., a two-thirds majority of the m 4:)=s of the :�-u d of directors shall be entitled to amend the Articles of Incorporation. 2 96- 931 STATE OF FLORIDA ) ) COUNTY Or DADE ) BEFORE ME, the undersigned authority, personally appeared JOHN f. 14UT0E and ALrjrM--prQj�;, E:nown to me to be the President /,;�; _•-o��;_;• of BAME DEVELOPMENT CORPORAT10N or SOUT11 FLORIDA, INC., a Florida not -tor -profit. corporation, and the persons who exrcutod the foregoing Amendment to Articles of Incorporation and they acknowledged before me thattht-f executed the same for the purposes therein expressed. WITNESS my hand and official seal at the city of Miami, County .of Dadc+, SL•aty of Florida, this 2- ith. • jay of January, 1993. (SEAL) Notary �jyD11c; State of/i,lorida My Commission expires: (• •�Gricn�:lyn.lf. Dickson• .;y ery'ST.11TE 0�'fIORIDti! ii� 'MyC�rnwA v STATE or FLORIDA) �•�:goriDED COUNT' Or DADE BEFORE mE, the undersigned authority, personally appeared dOHN F. WHITE, known to me to be the person who executed the foregoing Amendment to Articles of Incorporation and he acknowledged before me that he executed the same for the purposes therein (,:pressed. WITNESS my hand and official seal at the city of Miami, County of Dade, State of Florida, this 2Gth•-'day of January, 1993. (SEAL) Notary PNpTicStatn of Florida My Commission expirc..S;f 'Gwanlolrn Y;Dickeor� %�tt.�r eSTAIE:0rTIORIDti;: 3 96- 931 STATE OF FLORIDA ) ) COUNTY OF DADE ) BEFORE ME, the undersigned authority, personally appeared LF.:'Z A. JOHNSON , known to me to be the person who executed the foregoing Amendment to Articles of Incorporation and he acknowledged before me that he executed the same for the purponns therein expressed. WITNESS my hand and official seal at the city of tMiami, Count_: of Dada, State of Florida, this 2rtjj day of January, 1993. (SEAT,) My Commission expires(r Gwanloty•s 11 . ., �Naarr STALE 0; t - 1•tibtio ; m, CWM L. I . . STATE OF FLORIDA ) a0t+^uLC COUNTY OF DADS ) BEFORE' ME, the undersigned authority, personally appeared ALFREDA BROWN known to me to be the person who executed the foregoing Amendment to Articles of Incorporation and she acknowledged before me that she executed the 'same for the purposes therein expressed. WITNESS my hand and official seal at the city of Miami, County of Dada, State of Florida, this ? ay of January, 1993. ry 9- ate Florida s (SEAL) My Commission expires: Gxttnio;yn Y Dickson; ~stare 'S1A1f OF,'f,IORIDAb.' .,l�btta by.6r:fnw.vw 4' ' •'�t;;E0ND�0' 4 96- 931 r i � Lltth4 ILL' Vl:f'tUt :1th�'ll.t axPTJUCT DIRECTOR FOT _ W e *�PEACHTREE ST I NH ITL.ANTA GA 30365 1►a t e : JAN 12 19N - IAME'DEVELOPMENT CORD nRATION OF SOUTH FLORIDA INC " VO ROEERT E LIVINCSTON IVINGSTON & KALETA 50 SE SECOND AVE SUITE 300 1IAMIr FL 33131 ear Applicant? EPARTMENT OF THE TREASURY Fmployer Identification NUMber: '65-0361030 Case Number: 582339001 Contact persons- DENNIS PHILL:IPS Contact -Telephone Number': (404) 331--0172 Accounting Period Ending: June 30 Foundation* .Status"Classification: Advance Ruling..Rer.igd Begins: March 27s:199122 Advance Ruling'Period Endss n Jame 30 r 1996 Addendum Applies*' Yes Based on information you supplied► and assuming your operations will be as tated in your application for recognition of exemptions we have determined you re exempt from federal income tax under section 501(a) of the Internal Revenue ';de as an organization described in section 501(c)(3). Because you are a newly created organization we are -not now !� i:nal ,determination of your foundation states under section'. 509(a•) ?w,everr sae have determined that you can reasonably expect to be a iip'ported organization described in section 509(a)(2). I r.. making a of the Code-# publicly Accordingly*' during an advance ruling period you will be treated as a.. ib.li'cly supported organization, and not as a private foundation, This advance fling period begins and ends on the dates shown above. 'Within 90 days after the end of your advance ruling period: you must !nd us the information needed to determine whether you have met the require- ints•of' the applicable support test during the advance ruling period. It - you ;tablish that you have been a publicly supported organizations we will classi- you as a section 509(a)(1) or 509(a)(2) organization as long as you continue ►i'meet the requirements of the applicable support testa If you do not meet i.e. public support requirements during the advance ruling period• we will ;assify you as a private foundation for facture periods. Alsor if we classify ku as a private foundations we will'treat you as a private foundation from fur beginning date for purposes of section 507(d) and 4940# Grantors and contributors may rely on our determination that you are not a ivate foundation until 90 days after the'erid of your advance ruling period. )you 'send us the required information within the 90 days*' grantors and ,ntributors may continue to rely on the advance determination until we make final determination of your foundation status, Letter 1045 (DO/CC) 9 �i -2- :AME DEVELOPMENT CORPORATION OF •If we publish a notice in the Internal Revenue;;Bulletin stating that we gill no longer treat you as a publicly supported'organizationy grantors and ,ontributors may not rely on this determination after the date we publish the liptice. In addition, if you lose your status as a publicly supported organi- :ationy and a grantor or contributor was responsible:fory or was aware oft the ct' or failure to acts that resulted in•your loss' of-:;s.uch status, that person -ay'.not rely on this determination from the' date of• the''.act or failure .to act. 'lso, if a grantor or contributor learned that we hadgiven notice that you ould be removed from classification as a publicly supported organizationi then hot -person may not rely on this determination as of the date he of she icquired such knowledge. If you change your sources of support, your purposess, character .► or method f•operation, please let us know so we can consider the effect of the change on our exempt status and foundation status. If you amend your organizational ocuoent or bylaws, please send us a copy of the amended document or bylawt, lso, let us know all changes in your name or address. As of January 1? 1984t you are liable for social. securities taxes under he Federal Insurance Contributions Act on amounts of $100 or more you pay to ach of your employees during a calendar year, You are not liable for the tax &posed under the Federal Unemployment Tax Act (FUTA). .Organizations that are not private foundations are not subject to the-pri- ,ste foundation excise taxes under Chapter 42 of the Internal Revenue Code, awevery you are not automatically exempt from other federal excise taxes. If au have any questions about exciser employment, or other federal taxes► please ?t us know. Donors may deduct contributions to you as provided in section 170 of the -iternal Revenue Code. Begvestst legacies, devises,* transfers, or gifts to you ►.for your use are deductible for Federal estate and gift tax purposes if they tet.the applicable provisions of sections 2055? 21061 and 2522 of the Code, Donors may deduct contributions to you only to the extent that their yntributions are gifts, with no consideration received. Ticket purchases and !oiler payments in conjunction with fundraising events may not necessarily aalify as deductible contributions, depending on the circumstances, Revenue Ming 67-246, published ire Cumulative Bulletin 1967-21 on page 104r gives ,sidelines regarding when taxpayers may deduct payments for admission toy or j'rher participation my fundraising activities for charity. You are not required to file Form 99,01 Return of Organization Exempt From !come Tax, if your gross receipts each year are normally $25,000 or less, If iu.'receive a Foray 990 package in the maili simply attach the label provided? ieck the box in the heading to indicate that your annual gross receipts are )sally $253-000 or lessy and sign the return. If you are required to file a return you must file it by the 15th day of l,'• J Letter 10AS (DO/CG) 100 -3- BASE DEVELOPMENT CORPORATION, OF the fifth month after the end of your annual accounting period, We charge a penalty of $10 a day when a return is filed later unless there is reasonable cause for the delay. Howevery the maximum -penalty we charge cannot exceed E5i000 or 5 percent of your gross receipts for the yearn whichever is less. We say also charge this penalty if a return is not complete. Soy please be sure your return is complete before you file it. =. You are*not required to file federal income tax returns unless you are iu,bject to the tag: on unrelated business • income'. under section 511 of the Code.'' Ef,.you.are subject to this taxi you must file an income tax return on Form d9.0-Tv Exempt Organization Business Income Tar. Return,..In this letter we are' not•;,deteraining whether any of your present or proposed -activities are unre- tai'e 1r•ade'!or business as defined in section 513 of, the Code, You need an employer identification number even if you have no employees. Cf':.an employer identification number was riot entered: on your applications we iil;l•assign a number to you and advise you of it, please use that number on retvr.ns you file and 'in all correspondence with the Internal Revenue �er:vice. This determination is based on evidence that your funds are dedicated to ,hi. purposes listed in section 501(c)(3) of the Code, To assure your continued %eoptignv you should veep records to show that funds are spent only for those jurposess. 'If you distribute funds to other organizationsy your records should .how whether they are exempt under section 501(c)(3). In cases where the ecipient`organization is not exempt under section 501(c)(3)r you oust have �vidence that•the funds will remain dedicated to the required purposes and that he recipient will use the funds for those purposes► If you distribute funds to individuals7 you should keep case histories howing the recipients' names? addresses? purposes of awardsr manner of selec ions and relationship (if any) to membersr officersr trustees or donors of unds to your so that you can substantiate upon request by the Internal Revenue ervice any and all distributions you made to individuals. (Revenue Ruling 6-304v C.B. 1956-2y page 306►) If we said in the heading of this letter that' art addendum appliesy the ddendum enclosed is an integral part of this letter, Because this letter could help us resolve any questions about your exempt tatus and foundation statusy you should keep it in your permanent records, He have sent a copy of this letter to your representative as indicated �n your power of attorney, Letter 1015 (DO/CG) 96- 931��/ AME DEVELOPMENT CORPORATION OF If you have any questionsr ,please contact the person whose name and telephone number are shown in the heading of•this. letter. I Sincerely yoursr j 1 �1. - .� i .. /'• r -5- AME DEVELOPMENT CORPORATIO4 OF ou are, not required to file Federal income tax returns unless you are subject o the tax on unrelated business income under section.511 of the Code, Eased n our review of your application for exemptions it appears that certain of our activities constitute unrelated trade or business activities as defined in ection 513. Therefore, you may be liable for filing Form 990-T for each year or which such return is due. These returns should -be filed with the Internal evenue Service Center servicing your state4 rrking lot income 'is considered to be unrelated business taxable• income. V.your organization conducts fund-raising events such as benefit dinners,, u6tionss•membership drives, etc.r where something of value is received ice r.turn for contributionss you can help your donors avoid difficulties with heir income tax returns by assisting them in determining the proper tax r..eatnent of their contributions. To do this you should, in advance of the ee_nt. determine the fair market value of the benefit received and state it i*your fund-raising materials such as solicitations► tickets► and receipts such 'a way that your donors can determine how much is deductible and how a6'h*is not. To assist you in their the Service has' issued Publication 1391s eductibility of Payments Made to Charities Conducting Fund -Raising Events, W may obtain copies of Publication 1391 from your local IRS Office# ai.delines for. deductible amounts are also set forth in Revenue Ruling 67-246s i67-2 C.R, 104 and Revenue Procedure 90-12s 1990-1­C.B. 471 and Revenue -ocedure 92-49Y 1992-26 I.R.E. 18, )ur exemption does not cover activities involving the provision of moderate 1caae-housings the establishment of management organi ationsr or operating iildcare facilities. Exempt organizations are required to notify the Service '...all -changes in their activities► purposes► and manners of operations so that. may .determine the effectr if any► such changes have on'the exempt status. Letter 1095 (DQICG) t 96- 931 96- 931 r Angela George _ i LFIQ] C I T Y O F M I A M I ARPS PROPERTY SYSTEM LIEN INQUIRY BY FOLIO / ADDRESS (15) PAGE NO: !00011 FOLIO (01040901060) ADDRESS [ 528] [NW] [8 ] (ST ) UNIT [ ] LEGAL: 1) MIAMI NORTH PB B-41 4) LOT SIZE 7500 SQ FT' 2) PORT OF PARC 42-3 AKA 5) OR 15937-2820 0393 3 3) LOT 4 BLK 49 *** CITY OWNED *** LIEN NO TYPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: 1-INQ NO MORE RECORDS Window ARPSWIN/1 at PRODUCTION �I I I Date: 10/31/96 Time: 8:13:21AM ENTER ACTION [1 ] XMIT [ ] 9 6 Pg=1 FORM RCV LTAI 1: Angela George ! LFIQ] C I T Y O F M I A M I ARPS PROPERTY SYSTEM LIEN INQUIRY BY FOLIO / ADDRESS (15) PAGE NO: !0001] FOLIO [010409010701 ADDRESS [ 538) [NW] [8 ] [ST ] UNIT [ ) LEGAL: 1) MIAMI NORTH PB B-41 4) LOT SIZE 7500 SQ FT 2) PORT OF PARC 42-3 AKA 5) OR 15937-2820 0393 3 3) LOT 5 BLK 49 *** CITY OWNED *** LIEN NO TYPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: 1-INQ NO MORE RECORDS Window ARPSWIN/1 at PRODUCTION ENTER ACTION [1 ] XMIT [ ] 9 6 Pg=l FORM RCV LTAI Angela George ! LFIQJ C I T Y O F M I A M I ARPS PROPERTY SYSTEM j LIEN INQUIRY BY FOLIO / ADDRESS (15) PAGE NO: !00011 I FOLIO (010409010901 ADDRESS [ 5501 [NWJ (8 J [ST J UNIT [ ] jLEGAL: 1) MIAMI NORTH PB B-41 4) LOT SIZE 7500 SQ FT i 2) PARC 42-5 AKA 5) OR 15937-2820 0393 3 3) LOT 7 BLK 49 *** CITY OWNED *** LIEN NO TYPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: 1-INQ NO MORE RECORDS Window ARPSWIN/1 at PRODUCTION ENTER ACTION [1 J XMIT [ J 9 6 Pg=l FORM RCV LTAI Angela George ! LFIQ] C I T Y O F M I A M I ARPS PROPERTY SYSTEM PAGE N0: !0001] LIEN INQUIRY BY FOLIO / ADDRESS (15) FOLIO [010409011001 ] (ST ] UNIT [ ] ADDRESS [ 5603 [NW] IS LEGAL: 1) MIAMI NORTH PB B-41 4) LOT SIZE SITE VALUE 2) PARC 42-6 AKA 5) OR 15937-2820 0393 3 3) LOT 8 BLK 49 *** CITY OWNED *** LIEN NO TXPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE i SELECT ACTION: 1-INQ NO MORE RECORDS Window ARPSWIN/1 at PRODUCTION i 1 i i ENTER ACTION [1 ] XMIT [ ] 9 6 Pg=1 FORM RCV LTAI Angela George ! LFIQ] C I T Y O F M I A M I ARPS PROPERTY SYSTEM LIEN INQUIRY BY FOLIO / ADDRESS- (15) PAGE NO: !0001] FOLIO [41370260130] ADDRESS [ 601] [NW] [6 ] [AV ] UNIT [ ] LEGAL: 1) OVERTOWN VILLAS SEC 4 4) LOT SIZE 4503 SQ FT M/L 2) PB 125-83 5) & INT IN COMMON AREA 3) LOT 3 BLK 7 *** CITY OWNED *** LIEN NO TYPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: 1-INQ NO MORE RECORDS Window ARPSWIN/1 at PRODUCTION Date: 10/31/96 Time: 8:28:38AM ENTER ACTION [1 ] XMIT [ ] 9 6 Pg=1 FORM RCV LTAI 96- 931 �O� Angela George - ! LFIQ] C I T Y O F M I A M I ARPS PROPERTY SYSTEM LIEN INQUIRY BY FOLIO / ADDRESS (15) PAGE NO: !0001] ti j FOLIO [41370260120] j ADDRESS ( 611] [NW] [6 ] [AV ] UNIT [ ] LEGAL: 1) OVERTOWN VILLAS SEC 4 4) LOT SIZE 2251 SQ FT M/L 2) PB 125-83 5) & INT IN COMMON AREA I 3) LOT 2 BLK 7 *** CITY OWNED *** LIEN NO TYPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: 1-INQ NO MORE RECORDS Window ARPSWIN/1 at PRODUCTION {� uate: IU/31/96 Time: 8:28:08AM /10 ENTER ACTION [1 ] XMIT [ ) 9 6 Pg=1 FORM RCV LTAI Angela George 1 ! LFIQ] C I T Y O F M I A M I 1 ARPS PROPERTY SYSTEM LIEN INQUIRY BY FOLIO / ADDRESS (15) FOLIO [413702601101 PAGE NO: !0001] ADDRESS [ 6211 [NW] [6 ] [AV ] UNIT [ ] LEGAL: 1) OVERTOWN VILLAS SEC 4 4) LOT SIZE 4506 SQ FT M/L 2) PB 125-83 5) & INT IN COMMON AREA 3) LOT 1 BLK 7 *** CITY OWNED *** LIEN NO TYPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: 1-INQ NO MORE RECORDS Window ARPSWIN/1 at PRODUCTION i i Date: 10/31/96 Time: 8:27:26AM ENTER ACTION [1 ) XMIT [ ] 9 6 Pg=1 FORM RCV LTAI Angela George ! LFIQ] C I T Y O F M I A M I ARPS PROPERTY SYSTEM LIEN INQUIRY BY FOLIO / ADDRESS (15) PAGE NO: !0001] FOLIO [41370260100) ADDRESS [ 5011 [NW] [6 ] [ST ] UNIT [ ] LEGAL: 1) OVERTOWN VILLAS SEC 4 4) LOT SIZE 4489 SQ FT M/L 2) PB 125-83 5) & INT IN COMMON AREA 3) LOT 10 BLK 6 *** CITY OWNED *** LIEN NO TYPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: I -INQ NO MORE RECORDS Window ARPSWIN/1 at PRODUCTION ENTER ACTION [1 ] XMIT [ ] 9 6 Pg=1 FORM RCV LTAI 9+6- 931 Angela George ! LFIQ] C I T Y O F M I A M I ARPS PROPERTY SYSTEM LIEN INQUIRY BY FOLIO / ADDRESS (15) PAGE NO: !0001] FOLIO [413702600901 ADDRESS [ 5111 [NW] [6 ] [ST ] UNIT [ ] LEGAL: 1) OVERTOWN VILLAS SEC 4 4) LOT SIZE 3542 SQ FT M/L 2) PB 125-83 5) & INT IN COMMON AREA 3) LOT 9 BLK 6 *** CITY OWNED *** LIEN NO TYPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: 1-INQ NO MORE RECORDS Window ARPSWIN/1 at PRODUCTION Date: 10/31/96 Time: 8:22:56AM ENTER ACTION [1 ] XMIT [ ]. 9 6 Pg=1 FORM RCV LTAI 96- 931 ��3 i i Angela George !LFIQ) FOLIO [413702600801 C I T Y O F M I A M I ARPS PROPERTY SYSTEM LIEN INQUIRY BY FOLIO / ADDRESS (15) PAGE NO: !00013 ADDRESS [ 5151 [NW] [6 ] (ST ] UNIT [ ] LEGAL: 1) OVERTOWN VILLAS SEC 4 4) LOT SIZE 4545 SQ FT M/L 2) PB 125-83 5) & INT IN COMMON AREA 3) LOT 8 BLK 6 *** CITY OWNED *** LIEN NO TYPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: 1-INQ NO MORE RECORDS Window ARPSWIN/1 at PRODUCTION ENTER ACTION [1 ] XMIT [ ] 9 6 Pg=1 FORM RCV LTAI Angela George ! LFIQ] C I T Y O F M I A M I ARPS PROPERTY SYSTEM LIEN INQUIRY BY FOLIO / ADDRESS (15) PAGE NO: !00011 FOLIO [41370260070] ADDRESS [ 5211 [NW] [6 J (ST J UNIT [ ] LEGAL: 1) OVERTOWN VILLAS SEC 4 4) LOT SIZE 4545 SQ FT M/L 2) PB 125-83 5) & INT IN COMMON AREA 3) LOT 7 BLK 6 *** CITY OWNED *** LIEN NO TYPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: 1-INQ NO MORE RECORDS Window ARPSWIN/1 at PRODUCTION Date: 10/31/96 Time: 8:21:52AM w ENTER ACTION [1 ] XMIT [ ] 9 6 Pg=1 FORM RCV LTAI 96- Angela George -,- - ! LFIQ] C I T Y O F M I A M I ARPS PROPERTY SYSTEM LIEN INQUIRY BY FOLIO / ADDRESS (15) PAGE NO: !0001] FOLIO (413702600601 ADDRESS [ 525] (NW] [6 ] (ST ] UNIT [ ] LEGAL: 1) OVERTOWN VILLAS SEC 4 4) LOT SIZE 3542 SQ FT M/L 2) PB 125-83 5) & TNT IN COMMON AREA 3) LOT 6 BLK 6 *** CITY OWNED *** LIEN NO TYPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: 1-INQ NO MORE RECORDS Window ARPSWIN/1 at PRODUCTION Date: 10/31/96 Time: 8:21:13AM ENTER ACTION (1 ] XMIT .( ]. 9 6 P9=1 FORM RCV LTAI 0 96- 931 1 Angela George !LFIQ] C I T Y O F M I A M I ARPS PROPERTY SYSTEM LIEN INQUIRY BY FOLIO / ADDRESS (15) PAGE NO: !0001] FOLIO [413702600501 ` ADDRESS [ 5311 [NW] [6 ] (ST J UNIT [ ] LEGAL: 1) OVERTOWN VILLAS SEC 4 4) LOT SIZE 3542 SQ FT M/L 2) PB 125-83 5) & INT IN COMMON AREA 3) LOT 5 BLK 6 *** CITY OWNED *** LIEN NO TYPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: 1-INQ NO MORE RECORDS Window ARPSWIN/1 at PRODUCTION ENTER ACTION [1 ] XMIT [ ] 9 6 Pg=1 FORM RCV LTAI Angela George �1 !LFIQJ C I T Y O F M I A M I ARPS PROPERTY SYSTEM LIEN INQUIRY BY FOLIO / ADDRESS (15) FOLIO [413702600401 ! ADDRESS [ 5351 [NW] [6 i LEGAL: 1) OVERTOWN VILLAS SEC 4 2) PB 125-83 3) LOT 4 BLK 6 { LIEN NO TYPE STATUS DATE PAGE NO: 10001] ] CST J UNIT ( J 4) LOT SIZE 4546 SQ FT M/L 5) & INT IN COMMON AREA *** CITY OWNED *** COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: 1-INQ NO MORE RECORDS Window ARPSWIN/1 at PRODUCTION ENTER ACTION [1 ] XMIT [ J 9 6 Pg=1 FORM RCV LTAI 96- . 931 i l Angela George ! LFIQJ C I T Y O F M I A M I ARPS PROPERTY SYSTEM LIEN INQUIRY BY FOLIO / ADDRESS (15) PAGE NO: !0001] FOLIO (413702600301 ADDRESS [ 5411 [NW] [6 J (ST j UNIT [ ] LEGAL: 1) OVERTOWN VILLAS SEC 4 4) LOT SIZE 4546 SQ FT M/L 2) PB 125-83 5) & INT IN COMMON AREA 3) LOT 3 BLK 6 *** CITY OWNED *** LIEN NO TYPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: 1-INQ NO MORE RECORDS Window ARPSWIN/1 at PRODUCTION uate: IU/31/96 Time: 8:19:12AM ENTER ACTION [1 ] XMIT [ ] 9 6 Pg=1 FORM RCV LTAI i F f 96- 931 Angela George " !LFIQJ C I T Y O F M I A M I ARPS PROPERTY SYSTEM LIEN INQUIRY BY FOLIO / ADDRESS (15) PAGE NO: !0001] FOLIO [41370260020] ` ADDRESS ( 5451 [NW] [6 J (ST J UNIT ( ] LEGAL: 1) OVERTOWN VILLAS SEC 4 4) LOT SIZE 3542 SQ FT M/L 2) PB 125-83 5) & INT IN COMMON AREA 3) LOT 2 BLK 6 *** CITY OWNED *** LIEN NO TYPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: 1-INQ NO MORE RECORDS Window ARPSWIN/1 at PRODUCTION ENTER ACTION (1 ] XMIT [ J 9 6 Pg=1 FORM RCV LTAI 96- 931 r Angela George 1 ! LFIQ] C I T Y O F M I A M I ARPS PROPERTY SYSTEM LIEN INQUIRY BY FOLIO / ADDRESS (15) PAGE NO: !0001] FOLIO [41370260010] ADDRESS [ 551] [NW] [6 ] [ST ] UNIT [ ] LEGAL: 1) OVERTOWN VILLAS SEC 4 4) LOT SIZE 4492 SQ FT M/L 2) PB 125-83 5) & INT IN COMMON AREA 3) LOT 1 BLK 6 *** CITY OWNED *** LIEN NO TYPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: 1-INQ NO MORE RECORDS Window ARPSWIN/1 at PRODUCTION Date: 10/31/96 Time: 8:16:46AM ENTER ACTION [1 ] XMIT [ ] 9 6 Pg=1 FORM RCV LTAI l t ' 1 i, 9 ,31 I: J-96-1260 11/26/96 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE NEW HOPE OVERTOWN PROJECT TO BE LOCATED AT APPROXIMATELY 528, 538, 550 AND 560 NORTHWEST 8TH STREET; 501, 511, 515, 521, 525, 531, 535, 541, 545 AND 551 NORTHWEST 6TH STREET AND, 601, 611 AND 621 NORTHWEST 6TH AVENUE, MIAMI, FLORIDA; TO BE COMPRISED OF NOT MORE THAN FORTY (40) SINGLE FAMILY DETACHED UNITS OF AFFORDABLE HOUSING AND FIFTY-SEVEN. (57) PARKING SPACES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; AND CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 3, 1996, the applicants, the City of Miami, and Laurie A. Thompson, of Holland & Night, for BAME Development Corporation of South Florida, Inc., submitted a complete Application for Major Use Special Permit for the New Hope Overtown Project pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, for those parcels located at approximately 528-38-50-60 Northwest 8th Street; 501-11-15-21-25-31-41-45-51 Northwest 6th Street and 601-11-21 Northwest 6th Avenue, Miami, Florida, as legally described on "Exhibit B", attached hereto and in "Exhibit All, the Development Order attached hereto; and 96- 931 /Z3 WHEREAS, development of the New Hope Overtown Project requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Large Scale Development Committee met on April 11, 1996 and the Urban Development Review Board met on April 23, 1996, to consider the proposed project and offer its input; and WHEREAS, the applicant has modified the submittal to reflect recommendations received at said Large Scale Development Committee and Urban Development Review Board meetings; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on November 20, 1996, Item No. 4, following an advertised public hearing, adopted Resolution No. PAB 58-96 by a vote of six to zero (6-0), RECOMMENDING APPROVAL of the Major Use Special Permit Development Order as attached hereto; and WHEREAS, the Miami Zoning Board, at its meeting of November 18, 1996, Items NO. 5 and 6, following an advertised public hearing, adopted Resolution No. ZB 126-96, RECOMMENDING APPROVAL of -the Special Exception and, adopted Resolution NO. ZB 127-96, by a vote of six to zero (6-0), RECOMMENDING APPROVAL of the Variances, as part of the Major Use Special Permit Development Order as attached hereto; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of 2 96- 931 Miami to issue a Major Use Special Permit Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. A Major Use Special Permit Development Order, attached hereto as Exhibit "A" and made a part hereof, is hereby approved subject to the conditions specified in said Development Order, per Article 17 of Zoning Ordinance No. 11000, for the New Hope Overtown Project (hereinafter referred to as the "PROJECT") to be developed by BAME Development Corporation of South Florida, Inc. ("Applicant"), at approximately 528-38-50-60 NORTHWEST 8th Street; 501-11-15-21-25-31-35-41-45-51 NORTHWEST 6th Street and, 601-11-21 NORTHWEST 6th Avenue, Miami, Florida, more particularly described on "Exhibit B", attached hereto and made a part hereof. Section 3. The PROJECT is hereby approved for the construction of up to forty (40) single family detached units of affordable housing. Section 4. The findings of fact set forth below are hereby made with respect to the subject PROJECT: 3 a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan 1989-2000, as amended. b. The PROJECT is in accord with the R-3 and R-4 Zoning classifications of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. c. Pursuant to Section 1305 of the Zoning Ordinance of the City of Miami, Florida, the specific site plan aspects of the PROJECT, i.e., ingress and egress, parking, signs and lighting, utilities, drainage, preservation of natural features and control of potentially adverse effects generally, have been considered and will be further considered administratively during the process of issuing a building permit and a certificate of occupancy. d. The PROJECT is expected to cost approximately $3 million, and to employ approximately 150 workers during construction (FTE). The PROJECT will generate approximately $62,400 annually in ad valorem tax revenues to local units of government (1995 dollars). e. The City Commission further finds that: (1) the PROJECT will have a favorable impact on the economy of the City; 4 96-- 931 w7:. r I I I l a i i i (2) the PROJECT, will efficiently use public transportation facilities; (3) any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit; (4) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment;• (5) the PROJECT will efficiently use necessary public facilities; (6) the PROJECT will not negatively impact the environment and natural resources of the City; (7) the PROJECT will not adversely affect living conditions in the neighborhood; (8) the PROJECT will not adversely affect public safety; (9) based on the record presented and evidence presented, the public welfare will be served by the PROJECT; and (10) any potentially adverse effects of the PROJECT arising from safety and security, fire protection and life safety, solid waste, heritage . conservation, trees, shoreline development, minority participation and employment, and Iminority contractor/subcontractor participation will be 5 96- 931 /�� r mitigated through compliance with the conditions of this Major Use Special Permit. Section 5. The Major Use Special Permit, as approved and amended, shall be binding upon the applicants and any successors in interest. Section 6. The application for Major Use Special Permit, which was submitted on May 3, 1996, and on file with the Department of Community Planning and Revitalization of the City Of Miami, Florida, shall be relied upon generally for administrative interpretations and is made a part hereof by reference. Section 7. This Major Use Special Permit will expire two (2) years from its effective date which is thirty (30) days after the adoption of the herein Resolution. Section B. The City Manager is hereby directed to instruct the Director of the Department of Community Planning and Revitalization to transmit a copy of this Resolution and attachment to the developers: HAMS Development Corporation of South Florida, Inc., 245 NORTHWEST 8th Street, Miami, Fl. 32216. Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the New Hope Overtown Project, which is attached hereto as Exhibit "A" and made a part hereof by reference, as more particularly described in Exhibit "A". 6 96~ 931 Section 10. The Major Use Special Permit Development Order for the New Hope Overtown Project (Exhiflit "A") is hereby granted and issued. Section 11. In the event that any portion or section of this Resolution or the Development Order (Exhibit "All) is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order (Exhibit "A") which shall remain in full force and effect. Section 12. This Resolution shall become effective thirty (30) days after its adoption. PASSED AND ADOPTED this day of 1996. ATTEST: WALTER J. FOEMAN, CITY CLERK PREPARED AND APPROVED BY: "J EL EDWARD MAXWEtL PUTY CITY ATTORNEY W1272.doc JOE CAROLLO, MAYOR APPROVED AS TO FORM AND CORRECTNESS: A. QUILT JONES, III CITY ATTORNEY 96- 931 /21? i 1 i 4 96-- 931 EXHIBIT A ATTACHMENT TO RESOLUTION NO. DATE: NEW HOPE OVERTOWN PROJECT MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER Let it be known that pursuant to Articles 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit for the New Hope Overtown Project (hereinafter referred to as the "PROJECT") to be located at approximately 528- 38-50-60 NORTHWEST 8th Street; 501-11-15-21-25-31-35-41-45-51 NORTHWEST 6th Street and 601-11-21 NORTHWEST 6th Avenue, Miami, Florida.; see legal description on "Exhibit B", attached hereto and made a part hereof; said legal description is subject to any dedications, limitations, restrictions, reservations or easements of record . After due consideration of the recommendations of the Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following conditions approves the major Use Special Permit and hereby issues this Permit: 86= 931 /�� 96- 931 r PROJECT DESCRIPTION: I The proposed New Hope Overtown Project is a residential development located at approximately 528-38-50-60 NORTHWEST i 8th Street; 501-11-15-21-25-31-35-41-45-51 NORTHWEST 6th Street and 601-11-21 NORTHWEST 6th Avenue, Miami, Florida; ("PROJECfi"). The PROJECT is located on approximately 3.87 gross acres and 3.44 net acres of land (more specifically described on "Exhibit B", incorporated herein by reference ). The remainder of the PROJECT's VITAL DATA is attached hereto as "EXHIBIT C", and incorporated herein by reference. The proposed PROJECT will consist on forty (40) single family detached units of affordable housing. The units will be divided into two sections of development, i.e., seventeen (17) units north of NORTHWEST 7th Street and twenty-three (23) units south of NORTHWEST 7th Street. There will be fifteen (15) 3 bedroom/2 bathrooms (MODEL C) ; fifteen (15) 3 bedrooms/2 bathrooms (MODEL E) and ten (10) 4 bedrooms/2 bathrooms (MODEL F) units within the development. This units will be two story with porches and optional carports. The ownership, operation and maintenance of common areas and facilities will be by a mandatory property owner association in perpetuity pursuant to a recorded Declaration of Covenants and Restrictions. 2 ss- ssi 133 134 The Major, Use Special Permit Application for the New Hope Overtown Project has a companion application for SET- BACK VARIANCES as follows: Front set -back on NORTHWEST 8th fi r et (north block Required: 20 ft Proposed: 10 ft. side Get -balk an N 5th Avenue (AnIlth blo k) Required: 15 ft Proposed: 10 ft. Side net -hack on NORTHWEST 6th Street (south blonk`)_ Required: 15 ft. Proposed: 10 ft. Front Get -back on 6th Avenue (Go u _h Block) Required: 20 ft. Proposed: 15 ft. Side get -back an NORTHWEST 7th Street (south block) Required: 15 ft. Proposed: 10 ft. The Major Use Special Permit Application for the New Hope Overtown Project also encompasses the following lower ranking Special Permits: CLASS I SPECIAL PERMIT as per Article 9, Section 903.1 for a project designed as a single site and occupies lands divided by district boundaries. CLASS II SPECIAL PERMIT as per Article 9, Section 903.1 for project designed as a single site and occupies lots divided by a street or alley. 3 96- 931 M. r SPECIAL EXCEPTION as per Article 9, Section 917.6 for the reduction up to 50% of required parking for housing for low income families and individuals as follows: Required number of parking spaces: 80 Proposed number of parking spaces: 57. Pursuant to Articles 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits and requested referenced above. The Project also reflects suggestions received at the Miami Large Scale Development Committee meeting of April 11, 1996, and the Urban Development Review Board meeting of April 23, 1996. The Project shall be constructed substantially in accordance with plans and design schematics on file prepared by Judson & Partners Architects, dated 8/23/96 and 3/18/96; said plans may be permitted to be modified only to the extent necessary to comply with the conditions for approval imposed herein; all modifications shall be subject to the review and approval of the Director of the Department of Community Planning and Revitalization prior to the issuance of any building permits. The PROJECT conforms to the requirements of the R-3 and R-4 Zoning Districts, as contained in Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. The existing comprehensive plan future land use designation allows the proposed residential uses. 4 96- 931 PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, SHALL DO THE FOLLOWING: 1. Meet all applicable building codes, land development regulations, ordinances and other laws. 2. Provide a list of agencies from which approvals and/or permits must be obtained prior to initiation of development and the permit or approval required of each. 3. Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 4. Provide a letter from the Department of Fire - Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the 96- 931 ._1 �fl scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 5. Provide a letter of assurance from the Solid Waste Department that the PROJECT has addressed all concerns of the said Department. 6. Prepare a Minority Participation and Employment Plan to be submitted to the City's Director of Minority and Women Business Affairs for review and comments, it being understood that the City's Minority/Women Business Affairs and Procurement Ordinance No. 10538 is a guide that the APPLICANT must use its best efforts to follow. 7. Prepare a Minority Contractor/Subcontractor Participation Plan to the City's Director of Minority and Women Business Affairs for review and comment, it being understood that the City's Minority/Women Business Affairs and, Procurement Ordinance No. 10538 is a guide that the APPLICANT must use its best efforts to follow. 8. Record in the Public Records of Dade County, Florida, a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and 6 9f-r 931 Ei facilities will be by a mandatory property owner association in perpetuity. 9. Record a certified copy of this development order with the Clerk of the Dade County Circuit Court i specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and signs, jointly or severally. I 10. Demonstrate to the City that the PROJECT has completed its condominium requirements and has been approved for such by the State of Florida, or the PROJECT has a 1 recorded Unity of Title agreement, or the PROJECT has a recorded covenant in -lieu of Unity of Title agreement. THE CITY SHALL: ! 1. Subject to payment of all applicable fees due, establish the effective date of this Permit as being thirty (30) days from the date of its issuance with the issuance date constituting the commencement of the thirty (30) day period to appeal from the provisions of the Permit. /36 The New Hope Overtown Project, proposed by the applicant, SAME Development Corporation of South Florida, Inc. ("Applicant"), complies with the Miami Comprehensive 7 96- 931 r Neighborhood Plan 1989-2000, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations and further, pursuant to Section 1703 of Zoning Ordinance No. 11000: (1) the PROJECT will have a favorable impact on the economy of the City; and (2) the PROJECT will efficiently use public transportation facilities; and (3) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) the PROJECT will efficiently use necessary public facilities; and (5) the PROJECT will not negatively impact the environment and natural resources of the City; and (6) the PROJECT will not adversely affect public safety ; and (7) the public welfare will be served by the PROJECT; and (8) any potentially adverse effects of the PROJECT will be mitigated through conditions of this Major Use Special Permit. The proposed development does not unreasonably interfere with the achievement of the objectives of the 8 I adopted State Land Development Plan applicable to the City of Miami. Pursuant to Section 1305 of Zoning Ordinance No. 11000, the specific site plan aspects of the PROJECT i.e., ingress and egress, offstreet parking and loading, refuse and service areas, signs and lighting, utilities, drainage and control of potentially adverse effects generally have been considered and will be further considered administratively during the process of issuing individual building permits and certificates of occupancy. 9 F Tip of Afiamt f WALTER J. FOEMAN ti �= EDWARD MARQUEZ City Clerk o City Manager May 2, 1997 Lori Thompson Holland & Knight 701 Brickell Avenue Suite 3000 Miami, FL 33131 RE: Resolution #96-931 Dear Ms. Thompson: Th'e' Oita' of Miami Commission, at its meeting of December 12, 1996, passed and adopterd'Resolution No. 96-931. Attached hereto, please find a certified copy of the above''jilted Resolution, with attachments/exhibits, in response to your May 2, 1996 request for same. Yours truly, Eva Kilpatrick Enc, OF ' 1E CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 i i