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Home My WebLink AboutR-97-0358J-96-1253(a) 11/26/96 RESOLUTION NO . C) "7 — I � CS A RESOLUTION, WITH ATTACHMENT (S), AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT A SPECIAL EXCEPTION AS LISTED IN ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-2 LIBERAL COMMERCIAL, TO PERMIT THE CONVERSION OF AN EXISTING COMMERCIAL STRUCTURE TO A PLACE OF WORSHIP FOR THE PROPERTY LOCATED AT 311-321 NORTHEAST 79TH STREET, MIAMI, FLORIDA, ZONED C-2 LIBERAL COMMERCIAL, SUBJECT TO THE FOLLOWING: (1) A TIME LIMITATION OF 12 MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED; (2) A NEW LANDSCAPE PLAN, WITH SPECIFICATIONS, SHALL BE APPROVED BY THE PLANNING DIVISION OF THE COMMUNITY PLANNING AND REVITALIZATION DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS; AND (3) THE FINAL SITE PLAN SHALL COMPLY WITH ALL ZONING REQUIREMENTS WITH THE EXCEPTION OF GREEN SPACE REQUIREMENTS WHICH SHALL COMPLY WITH RESOLUTION NO. ZB 116-96. WHEREAS, the Miami Zoning Board at its meeting of October 21, 1996, Item No. 3, duly adopted Resolution No. ZB 115-96 by a nine to zero (9-0) vote, granting a special exception as hereinafter set forth; and WHEREAS, an appeal. has been taken to the City Commission by adjacent property owners from the granting of the special. exception; and WHEREAS, the City Commission after careful consideration of this matter, finds that the application for a special exception CITY COMMISSION MEETING OF ATTACHMENT (5) MAY 2 2 1997 CONTAINED Resolution No. • meets the applicable requirements of Zoning Ordinance No. 11000, as amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to approve the special exception and to affirm the decision of the Zoning Board; 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. The decision of the Zoning Board to grant a Special Exception requiring City Commission approval, as listed in Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, C-2 Liberal Commercial, to permit the conversion of an existing commercial structure to a place of worship for the property located at 311-321 Northeast 79th Street, Miami, Florida, legally described in Exhibit "Al' attached hereto and made a part hereof, zoned C-2 Liberal Commercial, is hereby affirmed and the Special Exception is hereby granted, subject to the following: (1) a time limitation of twelve (12) months in which a building permit must be obtained; (2) a new landscape plan, with specifications, shall be approved by the Planning Division of the Community Planning and Revitalization Department prior to the issuance of any building permits; and - 2 - 9'7- 358 (3) the final site plan shall comply with all zoning requirements with the exception of green space requirements which must comply with Resolution No. ZB 116-96 Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 22nd day of May 1997 JO ROLL- , MAYOR ATTEST: WALT R ". MAN CITY L'U RK PREPARED AND APPROVED BY: "G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: III CITY ATTO Y W1265:GMM amk - 3 - `7- 358 Lots 4, 5, 8 and 9 of Block 3, HUSKEY'S SUBDIVISION, Part of Lot 22 in the N.W. 1/4 of Section 7, Township 53 South, Range 42 East, as recorded in Plat Book 7 at Page 123 of the Public Records of Dade County, Florida; All conditions, restrictions, reservations, limitations and easements of record; all applicable zoning ordinances; and taxes for the year 1979 and subsequent years. *Together with an easement of continuous use over the West four inches of Lots 3 and 10, Block 3, Huskey's Subdivision according to the plat thereof recorded in Plat Book 7, page 123, of the Publio Records of Dade County, lloridarfthich said easement is given for continuous use only during he ajdatence of a building encroachment thereon, and at ;uch time as the encroa hiag bail to toyed or demolished this easement shams cease usd cggie to,an end. Sao easement not prohibit rehabtM;&n of the existing structure. EXHIBIT "A" 47-- 358 ZONING FACT SHEET LOCATION/LEGAL 311-321 N.E. 79th Street (Complete legal description on file with the Office of Hearing Boards). APPLICANT/OWNER Marceline Pearlman,(Owner) Nadege Dutes,(Buyer) 250 174th Street, #416 321 N.E. 79th Street Miami Beach, FL 33160 Miami, FL 33138 931-8849 ZONING C-2 Liberal Commercial REQUEST Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, C-2 Liberal Commercial, to permit the conversion of an existing commercial structure to a place of worship; zoned C-2 Liberal Commercial. RECOMMENDATIONS: PLANNING, BLDG & ZONING Approval with condition. PUBLIC WORKS No comments. PLAT AND STREET N/A 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 Granted for twelve (12) months in which a building permit. must be obtained APPELLANT & subject .to conditions.- Vote: 9-0: Robert and Karen Raley. CITY COMMISSION Continued from CC 3/27/97. APPLICATION NUMBER 95- 509 Page 1 October 21, 1996 Item# 3 97- 358 ANALYSIS FOR SPECIAL EXCEPTION 311- 321 NE 79" Street. CASE NO.95-509 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 allow the conversion of an existing commercial structure into a place of worship as follows: NOTE: This Special Exception also encompasses the following special permit: Class II Special Permit to waive certain Design Standards and Guidelines, pursuant to Article 15, Section 1513, specifically, to allow a parking row to exceed 90 feet in length without an intermediate landscape island; to allow a parking row to end without the minimum 5 foot wide landscape island and to allow the double doors to the dumpster enclosure to swing open into a re- quired access aisle (23' back-up space and driveway). The following findings have been made: e It is found that the property currently provides the required parking for a commercial structure. It is found that in order to convert the existing commercial structure into a place of worship, additional parking is required and provided in the submitted plans. It is also found that in order to provide the required additional parking spaces to keep the proj- ect out of the necessity of obtaining parking variances, some of the City of Miami's Design Standards and Guidelines should be waived. • It is found that the use is compatible with and beneficial to the area by providing a needed service to the community. • It is found that the proposed use is an appropriate adaptive re -use of the existing commercial structure and it is also found that the use is in scale and character with the surrounding area. • It is found that the proposed layout provides adequate parking and circulation, in- cluding ingress and egress, and the depicted landscape plan is adequate even though it does not meet the City of Miami's Ordinance requirements; specifically, the depicted parking lot layout does not comply with the required green space area, and for that reason, the applicant is also asking for a Variance (see companion item No. 6 of this same agenda). �3 97- 358 Based on these findings, the Department of Community Planning and Revitalization is recommending approval of the application with the following condition: 1.- In order to mitigate the effects of the requested waiver of the City of Miami's De- sign Standards and Guidelines, a complete new landscape plan, with specifications, which increase the amount of proposed landscaping must be submitted for review and approval by the Planning Division prior to the issuance of any building permits. 2.- The final plans shall comply with all Zoning requirements. MEN .� ro - main© Erg � ®�� Nip . MM ®' Nil m a �111 mmmmHg ems: � c� ■� ®�®�(��1�p�'!f�'�� . 1 IN Ing racy " ilk All �� rro►' eoo 00 � �� r�s® a� a® eiB°■�® O • aoo ®a a►>� rases � ��1 , � � �� ®��. �� • . tee:. � v� �� .� • d� ► �� 0� err_ - L'd�min 8� a® a/ J! • • �� Q a _a i .. ��. w yy Ji� j H�}�� 3Lr• �w �, � { [� •• { i f t S r S r..£ RU �t�..;t.�?rj�t �Y"a.+- t: w 113 .Y3'v' � V N''1' � ;.�'I � J,�4./• J 4' �� Jt. w. }yr'� ! � .} `A \ f �, t� F t F � it'11t I ,1� . t t 'r `' �e •��4k 1 ,we+�..na<+rer ;�� •i J~ d'11 � � �i Y� s �' :. WY 2 { t Ala .k•A Ft �_t.'.'. A, _'�'' 7it i.c3, f �'."•��y' .r .:"� � �.•.^+1 hgSr.,+x�'*" <.r�f :.#F'tr • Y'!.. �t�, y�'�'.' !i !r><� , J �T!•�` � � •7t � e'�lf:.?r�S�n .t •4�r•Pfy.�J { � f Y... f 3.. h /. H� � ff N " '�,r f � 1 t ;'rj+ �, t � +�l3Tt"'��i�yyj� J � • � `.� + s : 3K -. '1•sJ• t'�L,.w. {S 'i ty''i„ a c �:tW a> .� t�'t"�• i 3.A % •t'7/' .�' +. X� iLu•Is *ate"`*''i� S.^ � ��,7+.t� ��irj. t .. •; s y, . •1.4 ttK �tt3dT'f' fii::�Y o t !.+-,....lif•.--e•-�--=• e.. *� . Kc ,. t; r �' + it s � ti'ar;• �i -{` �' . a �� 4: Yi e ` F . Ail ! th'♦ � e{ 4.. !- - k'� 1 tF .•xt�1� yYi ' III' TO: City of Miami Zoning Board PO Box 330708 Miami, FL 332233-0708 FROM: Robert and Karen Raley 1000 Island Boulevard Al509 Williams Island, FL 33160 DATE: October 28, 1996 SUBJECT: Rezoning of property at 311 - 321 NE 79th Street Kindly be advised that this notice is to rde an appeal in writing on the rezoning of the above stated property as a place of worship. As stated in our original notification of protest dated October 15, 1996 which is attached, we are owners of the adjacent properties. Our business, an adult entertainment lounge with a liquor license, is established in strict compliance with the zoning ordinance which states that my business cannot be within 500 feet of a church. Therefore, it would be reverse discrimination if a church were permitted to be established within 500 feet of my business. I am certain that the City of Miami Zoning Department did not make an inspection. Again, attached please find our original notification of protest. Please give this matter your immediate attention. Otherwise, I will no other option but to seek legal counsel. Sincerely, Robert ey d�� LL-L-�r Karen Raley TO: City of Miami Hearing Boards Division P.O. Box 330708 Miami, Florida 33233-0708 FROM: Robert and Karen Raley 1000 Island Boulevard 91509 Williams Island, Florida 33160 DATE: October 15, 1996 SUBJECT: Rezoning of property at 311 - 321 NE 79th Street Please be advised in writing that as owners of Lots 10, 11, 12, 1, 2, & 3 - Block 3 of Huskey Subdivision and Lot 21 of the Tuttle Subdivision, we strongly oppose rezoning of the above stated property as a place of worship. Our business, an adult entertainment liquor lounge, has been established without interruption for the past 24 years. First across the street and for the past six years at 333 NE 79th Street, we have remained in strict compliance with the present zoning ordinances which state that my business cannot be within 500 feet of a church. Therefore, a church should not be permitted to be within 500 feet of my establishment. In addition, the above property is without adequate parking facilities. Since I own the adjacent properties north and east of 311 - 321 NE 79th Street, the churchgoers would be constantly parking on my property, putting limits on parking for my patrons and the patrons of the business owners to whom I rent. This would not only be a nuisance, but also, a direct infringement upon my rights. Thank you for your careful consideration in this matter. Robert y f Karen Raley IQ 97- 358 Mr. Henry Crespo offered the following Resolution and moved its adoption. RESOLUTION ZlB 115-96 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE NO. 11000, THE ZONING BOARD GRANTED THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-2 LIBERAL COMMERCIAL, TO PERMIT THE CONVERSION OF AN EXISTING COMMERCIAL STRUCTURE TO. A PLACE OF WORSHIP FOR THE PROPERTY LOCATED AT 311-321 N.E. 791" STREET LEGALLY DESCRIBED AS EXHIBIT "A" HEREBY ATTACHED PUBLIC RECORDS OF DADE COUNTY; ZONED C-2 LIBERAL COMMERCIAL. THIS SPECIAL EXCEPTION WAS GRANTED WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED AND IT IS SUBJECT TO THE FOLLOWING CONDITIONS FROM THE DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION: 1) IN ORDER TO MITIGATE THE EFFECTS OF THE REQUESTED WAIVER OF THE CITY OF MIAMI'S DESIGN STANDARDS AND GUIDELINES, A COMPLETE NEW LANDSCAPE PLAN, WITH SPECIFICATIONS, WHICH INCREASES THE AMOUNT OF PROPOSED LANDSCAPING MUST BE SUBMITTED FOR REVIEW AND APPROVAL BY THE PLANNING DIVISION PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS. 2) THE FINAL SITE PLAN SHALL COMPLY WITH ALL ZONING REQUIREMENTS WITH THE EXCEPTION OF GREEN SPACE REQUIREMENTS WHICH MUST COMPLY THE ACCOMPANYING VARIANCE RESOLUTION ZB 116-96. Upon being seconded by Mr. Osvaldo Moran-Ribeaux the motion was passed and adopted by the following vote: AYES: Mses. Basila, Hernandez & Morales Messrs. Crespo, Moran-Ribeaux, Carman, Gibbs, Goldstein & Luaces NAYES: None ABSENT: Mr. Barket Ms. Fernandez: Motion carries 9-0 Item # 3 October 21, 1996 Zoning Board / f 97- 35/8 EXHIBIT 'W' Lots 4, a, 8 and 9 of Block 3, HUSKEX'S SUBDIVISION, Part of Lot 22 in the N.W. 1/4 of Section 7, Township 53 South, Range 42 East, as recorded in Plat Book 7 at Page 123 of the Public Records of Dads County, rlorida; * All conditioner restrictions, reservations, limitations and easements of record= all applicable zoning ordinances; and taxes for the year 1979 and subsequent years. *'Together with as easenmt of Baas vse over the West tour iaohes of Loss 3 and 10. Bloch 39 Huday's 8kdlvisics according to the plM dwroof reoordod in Flat Book 7, poke 123, of the Public Records of Dade Conaty, Florlds"bich said erassmasat is given for coa tnuous use only &ning fo eada#own of a buikKag enexaschmmt thereon, and at anch time as the ®aeros ins bai is �eoyed or demolished this eassma� sh&U cease end coMs tq,an cad. 3ne eseomeot not parohibit rehaibiYita oo oY the eaeiad sLractame. 97- 358 ZONING BOARD ACTION ON PETITION —A SPECIAI,_EXCEPTION I e that the request on agenda item be (denied) grante in that the requirements of Section 2305 (were) (were n 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 Hoard, 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: 1302.1 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 Loadin 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 Refuse 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 Sians 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. 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. 1303.6 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. Due consideration shall be given to provision for the preservation of existing vegetation and geological features whenever possible. 1305.8 Control of potentialIX adverse effects generally. In addition to consideration of detailed elements indicated above, as appropriate to the particular class or kind of special permit and the circumstances of the particular cast, 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 circumatances 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 miniaized to the maximum extent reasonably feasible, and that the use of occupancy will be compatible and harmonious with other development in the area to a degree which will avoid substantial depreciation of the value of nearby property. Date Item 14 97- 358 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, MwaLi 11f I~ )'E ,)* reby apply to the City of Miami Zoning Board for approval of a Special Exception for property located at �f fv't `cl �1-I, H ( i, FT3 i ' Nature of Proposed Use (Be specific) , At C-"-0 M-c-t-t f5Lr 745L467-I0Js In support of this application, the following material is submitted: 7f- 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. 7<, 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (attach to apolication). 4. Certified list of owners of real estate Within a 375-foot radius of the outside boundaries of property covered by the application. 7� 5. At least two photographs that show the entire property (land and improve- ments). 6. Other (Specify) 7. Fee of — to apply toward the cost of processing: Special Exception .......................... $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) Signature x a:S . Owner or Authorized Agent Name Address Phone STATE OF FLORIDA) SS: COUNTY OF DADE ) �/1� Mo-g (�_eLlkL ULAt4-04/-being duly sworn, deposes and says that he is the (Owner)(Authorized Agent of 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 agent for owner) that he has authority to execute this petition on behalf of the owner./ (Name) SWORN TO AND SUBSCRABED before me this Kv� day of 199i. My Commission Expires: � JA• ate 5 Notary Public. OFFICE? L NOTAFY SEAL MIRF.ILL7 -MECHOULLAM NOTARY PUBLlC STATE OF FLORIDA CO',i,V,ISSICN NO. CC496099 MY' COMMON EXP. SEPT 17,1999 1 /Y 97- 358 IC AFFIDAVIT STATE OF FLORIDA } } SS COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared who being by me first duly sworn, upon oath, deposes and says: I. 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 true and corrsct. Further Affiant sayeth not. (SEAL) (Name) Sworn t[oPand Subscribed before me/ this D r Itiday of Nota v Pub li.r- #s ri a at My Commission Expires: L NOT ,Li.. ETA.''? (.: �LCrt Large ?!Y Cil�4� ;py EXP. SEPT 17.1 17 9"�- J58 I 18 OWNER'S LIST Owner's Name L� A�LCC( Wa leAdL K-W h5b (71 S Mailing Address Telephone Number Legal Description: 5 ) 8) CJ esLo,CK i,) L)S'K �r -gk—re V i VIvAi Owner's Name Mailing Address Telephone Number Legal Description: 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 Street Address La?al Description Legal Description 97- 358 DISCLOSURE OF OWNERSHIP 1. A 0 3. 1 If g �� Legal description and street address of subject real property: � T S � oF610< c�sK�Ys Su�3b'` 1,-3 FL( 61iC— ec61dD�b�D�CCUK7 art �5S `i�,e �cu}t. l5 FED E'er LO�S �'1 �N D _ Yhe. tJ is L{ a Ni,1,` WT Z-L Owner(s) of subject real pY�opehy and4percentage 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.L 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. NPr'CP'1-1y)E- pe prp- Lm OWNS MO / � F Ole feA 11 �GI e , o FG Od . /� �c4 iI K�I�G7 77j �� Legal descri on and street address of any real property p y (a owned by any party .h�) listed in answer to question #2, and (b) located within 375 feet of the subject J real property. ((( OWNER R A(TORNEY FOR OWNER STATE OF FLORIDA } SS: COUNTY OF DADE } M C ELZhL �ii L2-Lc! 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 , 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 behalf of the owner. LA4 .e- (SEAL) Signature of Owner or Attorney for Owner SWORN TO AND SUBSCRIPEO before me th's 5 V,-; , day of 19i Note y Public, State ge MY COMMISSION EXPIRES: OFFICIAL NOTARY SEAL 1%ilRS,LLE ti'rCf r L LAIM ' NCTASY :"_'FL:C : ; A'r OF FLORIDA 00\1 -11-S C'N NO. CC9�99 \iY CCM '. c,ON EXP. SEFT 17,1999 141 358 DISCLOSURE OF OWNERSHIP �8 9oF-3 1. Legal description and street address of subject real property: CAL) e,12 g. -7 u1?01+t C eS C'F- 15 f�� oc �o T5 9 � N-� '� IJ o �T� � �- • 7 'F�''E--r �z t...oTs �" �t o. '-J • -?b uses. !Jo A�" T U Lu dL2 �,3 'r-kc L� , ��-`� G IF �GT{C-1; 7 , 1 51,j w rN ; - Z C- A_ 2. Owner(s) of subject real property and percentage of owners ip. 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. �eFae COW 3. Legal description and street address of any real property (a) owned by any party listed in answer to question b2, and (b) located within 375 feet of the subject q _ real property. NONowm-frm Aq�BRNE*- FOR OWNER $vYt. STATE OF FLORIDA } SS: -/ COUNTY OF DADE }ChUJ1eU? 0F6a/O l/aale je. bum 5 5 �ri5 , 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 i1 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 behalf of the owner. (SEAL) Signatur SWORN TO AND SUBSCPBEO ,j-LfJF�NA E KING before me this a� ,� day of ; f , I9� MY Cam^ IIa4 Q low C:Cd34027 Notary bl i c, St ' ey. F . rl, t yv we dS2.5878 MY COMMISSION EXPIRES: 97- 358 PARTIES:. r turf. I_ n tie cl .o IPnons g'A1-RAAa snag_ jurch of God of Hol ineGs of Christ. -Z1Qrid&-XQt-far Profit Corp. t•g�«'l, of nHsby ores that Its Me snAr a uyer mall ou77 Its alas real props (• at and 9NSOnH Pr ODenY I ��r+n_ry Ir:W�ac1M• .�oQ��nl1 updh ,M IabMnl' :army and COndrtrons, wnidi INCLUDE IN Standards IW Flea e". Tian —I 1' Ian r prmled m Its tarts« a onaohad and any Riarra and 1.�Ooa+na la tma mftrurMn9 1. DESCRIPTION; (AI 1.8941 dOWIPW O1 Real PIOpslty IWAIod An Dade County, Rw,,. Lo t s 4 , 5 , 8 , 9 less Right Away, Block 3, Huskeys Sub as Recorded in Plat Book 7 Page 123 (b) Street bWresa, city, DO. Of the PrepenY u: _ 3 2 1 NE 7 9 t h S t r e e t, Miami , FL i (Cl Personally: N/A U M I L-71 I"r T- if. PURCHASE PRICE...................................................................... S240 , 000. 00 PAYMENT: telbwositlal10benealn"Cc by Lincoln Property Co. in theamoumo(... s 1,000.00 4000.00 (11) Addrtiunal asercw deposit rdhm % days ens Effect" Date m Meo sh nl W................................ S r (c) Subject to AND aUumpan of monw9e In good WAndlnp in fats of 02 erring an aPpoalmafe peesht pnicmu balance of ... S (d) Pu(chasa money mortgage sib has bsw n annual mler M (we AddMwum) in amount of .............. $200 , 000 . 00 (a) Char: % (U Buenas to close N.S. caul. LOCALLY DRAWN C"fled Or Cashier's cheal, subteen to adfueunents and PnrsbOm ................ S 1 S e nnn . nn 111. TIME FOR ACCEPTANCE; EFFECTIVE bATE; FACSIMILE; If Ih4 offer ,s not exomod by snd deurared to ea mm on" OR FACT OF EXECUTION counped m -ri ng betwean the panes on a belme 3/2 3 / 9 6 its dapoatla) at Buyer's oPtidn, M rWumeO 10 Buyer erw thtf ollr .nlMrawh. A IacunAe copy o1 this Cohered for SW aro Purchase ('rantracl and any Mgrlatures herein Shall M don somed for an purposes a apYWa. The "a of Contract CElleaire Date l win be Ine dels rA+er Its lap one of the Buyer and Seats hex signed has SWW an slat. W. FINANCING: p rehase price Or Any Part of a N to be"Blwieed by a ftM party loan• INS ConhW is oorWrtMnaa on the Buyer O&AI g a Wnttan tannutmanl la (CM a (2) or (7)): add, M ❑,an sd(uitaDM of (7) ❑ a RsW a Wlu table two ban whirl _ de" after Eflernvs Data W an ImtW In[~ taus mail to as lerin of Ysera and IOT1Hoi106 u mnoum of S Buyer Wa mean, oppcWo. rein " Use Dais cab use ressanab alownce to caw Its ban cornmrmaa W. mere Its terms And Condli" of the [Onnmmefit aro dots Buyer SIIW pay all ban WOW". If Buw lads 10 ON" the ConnnilllnM,t Or lass to watts Buyer'a ra eubpregrapn wthlo tr.a tarn, la a ComrtMtrrlenl a shW deo MN *lion tans to meal It IMme alb ca tions of the cOnrtelrMltl. then adhW pa/ry IheraMM by V man mot" to the CMICAI 1M Contract wW Buyer Shea be refunded the dapoatft (b) The amatep mortgaga a6ALV1Md in Paragraph gc) Chan, has (CHECX (1) Or (Z): (I blares rue or M ❑ a lued Warty rate at M par Mims. At turn of btw transfer $on* Ned 1aMsel raw Are atlbjw to bows. N , the ran, sits not erwe M per arnYlr. Seats anon, wthm days all, Elfocd« Date. IurttaA palerients from ea mm96900 balmicw, method at parrimi VA~ felt W4 er N Buyer has agreed to Resume mdngSp Mach reQUraA SPPMwW Of Buyer by gWw la assumplbn. User Buyer alWl promptly Obtain si raQuirW eppllouo dlbperit I comows ana tout m to i mots mong ip". Any mwnpag« rrW to tom, s snore be paid by __� (11 nor ftNed M, a tee). It Buyer e n &=mesa try irmngtpaa Or th Tenn in 1nWrPbm we to in micanp,a we tie tame at this COnrW or mMpag« makes a Cffatge in ASCO" O em0•ur Seats a Buyer m this Contract by pomp wm m roam to the air Parry urWes Omer Sleds to pry Its WICfeA« in mussel rids or excess mongapss .. jilt CE: Aft laau 5 nays hewn doaMiq due. SOW ML", at SOW% w .mm«.wrwnit to Ali a Buyer's MOM", m accordance with Sumua t.I a (2)): (1) ❑ abstract of a m 11r kaurMias tsnmtt abstrab;aW11 Aria AnM ebarp. owM n'a pastry a J N'v x- // Vt. CLOSING DATE: This Irwa +,mhart &bi c I and the dead And ar PAPera idOWW dwvMw m r 1a96 , union Anerwed W OtfW prawtiars of Cmtrac VII. RESTNCTIONS: EASEOOlTS: UWAT10N& Buyer Mai take tl" ftkIW to: aarsnp, resuCtidM, WONIARlme atom ants reautTm blocs" by pvmmmemu Aurmry: —I- Or and manes appm" m the phi or Where" ararion In mt attbalrlson: public ualfy saserwas a record (66OWnrrs Are lo W bawd Car1,Q.IW1 a Rm Pr�OUIY Imes W nor fora tarn 10 1" In waft as 10 the raw or kern, Met WA 7% feu in "m n to the Aide keen,6 urwno mere" Hued heree,t Las" for your of 0owl; and s.ossoua, yean. asauned mor gapes Ana PAOL st -000 LLolptg". Alarmist- NI.y craws ,he, dery aura W 00" no MWuim a Its w n - wo ham of mom pre eires u" of RAW Properly lot VIO. OCCUPANCY: Sear -WbVS mar den WAS no PWOM N 001Cla WIP Other than SaaM; but, it Ptopufy a Intended to Oa ramN�r oca gmea beyal0 Closing. the lads and Iem thereof MAu be anted hMMal n And the 1WWgS) of oCCs�la(ta dossa ptrsualil b Stewed F. Saint spreeto W to dw 00mNsI ICy Of PmWty At tuna a tCIOWV wan dMnw• stWn,d WW. N oCm*WWy e 10 be OeWered bslCn chip, BQYW aWft as lisle at Jim b prop" Non data of OONpericy. ants be taaponaAW and Babea mar ftenarCa fro that date, and "be deemed 10 he" ACwpled PropWTy m a "Who WOOONSl w of time of lAtung oca+1parLY union aMrrua stated hWw Or m A SQP1I wrtmp. IN. TYP[YfRfTTZN OR KAHD TSTTEN PROVtS10NS: Typseralan W nMwwt:sn PnNWO a ChM —0 04 PfsLed Pro.eWasa a Cartlract in surest onto Ihsm. x. NOM: (CHECK N Any Of Its Wmv g R1dera we ApplkADe IM We AIIACfed to INS COnVW): is) ❑ COASTAL CONSTRUCTION CONTROL UIIE Pi (CI ❑ FORf1DN NIVEBTMEW NI REAL MAOPEIRTY TAX ACT MM (SI ❑ FKW A RUM (b) ❑ CONDOMMUM FaDEYI (d) ❑ INSULATION ION RAW (I ❑ OTHER hR IS m ASIiamAW-r": (CHECK (I) or MI: BuYar (1) ❑ may anion or (2) M In" has nsipn ads Cortram xu. SPECIAL CLAUSE!: (CHECX (1) or (2)): Adduwur 11) Ca Is Worded Of (2) ❑ cart e ro AOOrw.sh Xm. TOE I! OF THE E23EN= Of THIS CONTRACT. BUYER'S INITIA: XfV, DISCLOSURES: der CK aaoloaAadgw or ❑ do" no arAVWAdQa recAlp Of 1M and euarMAd awing coma daclowlm ... THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD. SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. THIS FORM H4.1 SEEN APPROVED BY THE FLORM ASSOCIATION OF REALTOM AND THE FLOnDA BAR. Approval her nor aameaw an opel0e der airy of VAS /erne and ow%UVM n NW Conaep almw be Aeaitaa by rat pAfpsr a, a Peremn, mummic lit Tormr m aft"' '.'W« eared fAon des Ivapwa4e ailraa/t eOYtMw rN urp�rwy ?'!� d r awrr Wd perse,N. 4. ,At � T /N1 sr TILE RpNOA BM AND THE FLONCA AtlOCl/ATION Llr rv+.uTORS . lid Oee %, t ✓/_ Ce«� i� { d t,•E r.r �e�. - �T_ Da:L �yeel Oscan Social Security or Tax 1.0. a Saul Seoul" Or Tax I.D. a D04 DAL, laeren �•� y SooW Security or Tax 1.0. F Social SKlrey or Tex I.D. . DepaAl under Paragraptl N() reowmd: IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. (Escrow Apart, BROKER'S FEE: (CHECK AND COMPLETE THE ONE APPLICABLE) sr. Q IPA USTNO AGAMACNT tS W" ITLY a EFFECT: OR Seger 09 Ad a to Pay the Brower r Armw bestow, hawing coopmatrng auDagerw named. SCOW" to tar lame of an asMtrip. sapsi kpMr rip sweeln ❑ MT I CIF 1 YIN ' grew b PAY Ine M0M0 owes, u Imo rdovq, Iron lno aaauraMnMta of tar proceeds W pre nw, eorrlOsnseban m Its Artquni of (COMPLETE ONLY ONE M of grow iouronaw prom or B OM(a) a Iataeed, M for Brats a asrr.css m eKedrq des use by (I1 " the BuYM Issay. "A" sno able to pumc ms pursuant to the lorvwry Centre.. 11 Buyer ladsat to perlam sdepWAS trea, but has exe"dhv the provided. Broker's Its abaft shah be pad Broker is fun conweraiion la BrpM sannim, xc(ud" Nets Uparided b/ Broker. and the ImUnce OW nor Pod to Sa"r. N tar tranndwn ana nW dots boCaseS a (Muni a Irltlfe a Sue IC PsnWm, SeIM Shia grey eW luu I" to fLokar m dernsnd. In shy I Arekp out a tar CW0Ara emanMng tar Brach's tes, tar pre+eSrg pally shad rn,corM natwriabN aUWnnry'S en,« and rift Mena • ii 10-0 .. tomes hwse d Were Mes-9 f�aswl B Sree PAR AAA a.1 uR— Y1191 PIDERS CAN BE OBTAINED FRO THE FLORIDA ASSOCIATION OF REALTORS OR THE FLORIDA BAR. Z 09 7- 358 DUM TO CONTRACT FOR SALEZAIURCHASE-..:r.SOCIAT110M OF nEALTOnSi AND THE FLOMDA nA In reference to Contract dated 3/15/96 between Church of God of Holiness of Christ, A Florida Nct for Profit Corp. the Buyer and Marcelne W. Pearlman the Seller, it is further AGREED as FOLLOWS: 1. Buyer to execute and Seller to take back a purchase money 1st Mortgage in the amount of approximately $200,000.00 for a period of 10 years payable $2,533.52 monthly including Principal and Interest at 9% per annum, until paid. The mortgage will not be assumable and can be prepaid in whole or part at any time without penalty aNdmat11 .f 2. Contingency: This contract is subject to Purchasers, at their expense, obtaining all governmental appravals to use the property for a church and meeting facility. Purchaser will apply within 15 days of Sellers acceptance of this offer. 3. Mortgage shall have a I5 day grace period. Thereafter a 1% penalty. Buyer to keep property fully insured with Mortgagee a named beneficiary and keep taxes paid current. Due on sale clause - mortgage not assumable. 4. Roof shall be leak free at time of closing and Seller rill assign roofer's warranty to buyer but Seller vill have no responsibility or warranty of roof after date of closing, and buyer hereby waives any and all responsWMty on the part of the Seller for any possible future leaks. This addendum, upon its execution by boot parties, is herewith made an integral put of the aforementioned Contract i ! Date executed by Buyer 1Buyer — Bayer Seller FAR/BAR4 Revised &% Date executed by Seiler Seller ;L 2z .97- 358 .•. TO CONTRACT FOR SA 10 PURCHASE (THIS FORM HAS BEEN APPROVED BY THE of AUNTY ASSOCIATIONS OF REALTORS*') V N' Rwu rRw.rl"a "M. ^MOM. W4 be a Pon of ow Mn.1n Ga „SW end thl,dnld* (0w h.ww: _ ?14 9IL46 bra,dbMwfo ,Jpg n4: Go- 4: .U-11-iLC of t'hriet.- A F1nri Aa Nrt*fnr Prnfif (`n rp ,� A„a Marm-Inp W. Pearlman, to ~ the RMW N a tKYMQ. o er aw Seaw IMOV further fp,sl N tOWNI: 1. "AS IS": Buyer and Selzer agree that the Property, Including but not limited to the structure, the roof, and the Personalty described in Paragraph I.D. of the Contract, is being sold to, and accepted by, Buyer in "AS IS" condition as of the Effective Date. 2. INSPECTIONS: A. Paragraph 12 of the Contract, and Paragraph S.B. of the "Association Rider" (if applicable), are hereby deleted in their entirety. B. Buyer shall have the right to Inspect the Property and to have such Inspections performed as Buyer shall desire for a period of (45) Fortv-Five days Immediately following the Effective Date ("Inspection Period"). C. Any inspections of the roof or fortermites or other wood destroying organisms shall be performed by a person or firm holding an appropriate Florida license, Any other inspections shall be performed by a person or firm specializing in such matters and holding an occupational license for such work (If required) or by an appropriately licensed Florida contractor. D. All costs of such Inspections shall be paid by Buyer. E. Soper shall provide access and necessary utilities for such Inspections. F. If Buyer determines, In Buyer's sole discretion, that the results of any such inspections are not acceptable to Buyer, Buyer may, at BuWa option: (1) elect to cancel this Contract by providing Seller with notice of such election (along with copies of such Inspection reports) within the Inspection Period, In which case the Deposit shall be forthwith returned to Buyer, and Buyer and 30w shell be relieved, as to each other, of all obligations under this Contract; or (2) elect to accept the Property In its "AS IS" condition and proceed to Closing. G. It Seller has not received written notice of Buyers election to cancel the Contract within the Inspection Period, Buyer shall be deemed to have waived the Inspection and cancellation rights granted by this Paragraph 2• H. Notice shall be doomed received by SeMr If received at the address to forth in Paragraph 34 of the Contract 3. LENDER REQUIRED INSPECTIONS: it Buyer's lender requires Inspections of the Property. Selzer shall provide access and necessary utilities for such Inspections. The cost of such Inspections and any required repairs shall be the sole responsibility of Buyer. 4. DAMAGE: Should the Property suffer any damage as a result of any inspections performed at Buyers or Buyers lender's request, Buyer shall be solely responsible for repair of any damago and/or restoration of the Property. S. WALKTNROUGN: Within 48 hours prlorto Closing, Buyer shall be entitled to Inspect the Property to ensure that all items included in the sale am on the promisee and that the Property as beers maintained. Including but not limited to the lawn, shrubbery and pool, If any, in the condition as of the Effectlw Date, ordinary weer and tear excepted. Roof to be leak free, drop ceiling to be repaired where needed and coopleted in rear space, at Sellers expense. nrrwrrr.yow.rwsre+wR7wwewpIr.ryAllD.wt7wMAw.rrew.•IYALt010IhCrwerrAarrrarwIi1L7dw.IwA..IAruf ""A VMMMw%ALTON". rrrlwAilwo OM, Mwr OfI�ALTOFW, FA.M P- I AMMrr, d t�Ltat4M. ,rrl� f� ArIr6A �r f eftra �, r IIIIALM b AMNMM~ w Nrut ArA,r w No rev Of err ��r■wrrelrrrwrrwwwslrw r�rwrrrwl�rrreW rAinre4+rIr�reeA1MurMUMN.rwww"i.r Aveiw 01AM Mrw m.sw, rwrMs DO&&M W/wrlr. WON OWN04 Iwer► oARcrRatw� DIN slaw y avvara low 0-0 DINO*"yarAlso:T' (50 �9 Iv 97- 35� \1 !Ij '79it3�sss� FfEC I U •,/ II R NTV Defeo j 1his Warranty Deed he Y-?f HAROLD H. WILLIAMSON and HUGE E. WALL I and Testament of ETHEL M. HAUK------- I i 11.1 tl 1 1 pa 1 cU r ♦MCO rORH 01 AR 7- duy of October A. D 19 79 by ! , JR., Trustees under the Last wil ---------------------------------- rvrmrin,rpr Cn if Ir f}rur: or. o JACK N. PEARLMAN-and MARCELINE-M_-PEARLMAN,-his-I— wife----------------------------- 1-ti- pn.Uaj ke uddrrss Is 321 N. E. 79th street, Miami, Florida--------------- hrreiriollrrr called the wanter- •ma�r hcM•c:„n • l-o-cali nrr—trre.,•enhta•ti, 'r—, s., 1 "iren..e" ndlw4 thn 1111—tut and uemen, of athe .ucc"to n AM ea;a. at cor9un11-1 �ltnesseth: That flip granfur, for and in consideration of the sum of ,10.00-----und tither valuable constdrrations, receipt whrrrof tt hereby nclrnoutlydgrd, hereby grants, harefains, sells. aliens, ro- misas. releases. convovs and rnnftrms unto the, grantee, all that certain land situate in Dade County, Florida, viz: Lots 4, 5, 8 and 9 of Block 3, HUSKEY'S SUBDIVISION, Part of Lot 22 in the N.W. 1/4 of Section 7, Township 53 South, Range 42 East, as recorded in Plat Book 7 at Page 123 of the public Records of Dade County, Florida; * SUBJECT TO: All conditions, restrictions, reservations, limitations and easements of record; all applicable zoning ordinances and taxes for the year 1979 and subsequent years. *Together with an easement of continuous use over the West four inches of Lots 3 and 10, Block 3, Huskeyts Subdivision according to the plat thereof recorded in Plat Hook 7, page 123, of the Public Records of Dade County, Florida;401which said easement is given for continuous use only during the existence of a building encroachment thereon, and at such time as the encroaching building ie c�troyed ar demolished this easement shall cease and c to to an end. Such easement ill not prohibit rehabilitat{on of the existiag structure. Together with all the tenements. hereditament., and appurtenances thereto belonging or in any- wfse appartaitdrtg: �o{Que and tohold, the same In (o. simply forooer. dthe grantor hereby covenants with said grantee that the grarttor is lawfully seized of said land in foe simple: that the grantor has good right and lawful authortty to sell and convoy said land: that the grantor hereby fully warrants the title to said land and will defend the wefts against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent in December S1. 19 78. #4 and that portion of said Lots 3 and 10 upon which a it x 1' building column is situate, In loItne$g 10here0f, the sold grantor has signed and sealed he presents flu day an year first above written. Signed, sealed and doli'veired In our presence: OLD. H. AMSON an ir. f.................................... 8U : Trust.ees under t' •Lash'°VK3d a ,Testament of ETHEL M. ........................... F.b0i l sr&ce scow rot secoaotss use I 5'1,%TE OF OHIQ ��Ul�.,lSF`�40NTG0 r� . 1 HERESY CERTIFY that on this day, before me, an officer duly authorised in the State aforesaid and in the County aforesaid to take arknowledgmeuts, personally appeared HAROLD He WILLIA14SON and HUGH E. WALL,JR., Trustees under the La Will and Testament.of!,ETHEL M. HAUR-------- to rye known to be'•'tht•. • • • •—�j, �jked in and who executed the w ..t... lonttoine instrvrnar# ared�•J.� ,. q _ .1 Red before me that they-L. J, p r•tecutcd the.,iadi� ;e;::r a'yy�i.. • � M. 11. Notary Pub6e;{Ty113E�y:iaiyyl6►d'•','i llal Zeal is the County and " day izI of hate of Otdo� ::►i't`tluc'3fdiiksi: A. D. 19 79. btu;, Expires Ott` 2i ;rYfy,?s » . wJT,� •r ,:�„ETP�TE'•OP''Q$ZO'�P.T" • Tfirs••Z:00 A. Satai113ngetr, Asq. rlddffit zlZl Ponce'de Leon Boulevard, Suite 400, Coral Gables, Florida 33134 �VS p• Ott t Plw" e 0 Ideas► afff tma No S, aoc mum. ROM% "MIS t LWM �rw RDCW= Own t t �I y';J- 358 97- 358 -LFIQ* Z I T Y O F M I A M I ARPS PROPERTY SYSTEM LIEN INQUIRY BY FOLIO / ADDRESS (15) PAGE NO: -0001* FOLIO >32070480140* ADDRESS > 321* >NE* >79 * >ST * UNIT > LEGAL: 1) 7 53 42 4) LOT SIZE IRREGULAR 2) HUSKEYS SUB PB 7-123 5) OR 10570-728 1079 5 3) LOT 4 & LOT 9 LESS R/W BLK 3 LIEN NO TYPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: 1-INQ ENTER ACTION >1 NO MORE RECORDS XMIT > ----------------------------------------------------------------------- ENVMNT 1 Window ARPSWIN/1 at PRODUCTION ENVMNT 1 FORM UP COL 9 ROW 6 PAGE 1 Fri Sep 6, 1996 8:39 AM ENQ 1 RCV 1 [Sys]<Sys> 27 47- 358 �T1tL' S�,S CpD 1V4. tIN"' FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State November 28, 1994 EMPIRE MIAMI, FL The Articles of Incorporation for CHURCH OF GOD OF HOLINESS OF CHRIST, INC. were filed on November 28, 1994 and assigned document number N94000005805. Please refer to this number whenever corresponding with this office regarding the above corporation. The certification you requested is enclosed. PLEASE NOTE: COMPLIANCE WITH THE FOLLOWING PROCEDURES IS ESSENTIAL TO MAINTAINING YOUR CORPORATE STATUS. FAILURE TO DO SO MAY RESULT IN DISSOLUTION OF YOUR CORPORATION. A CORPORATION ANNUAL REPORT MUST BE FILED WITH THIS OFFICE BETWEEN JANUARY 1 AND MAY 1 OF EACH YEAR BEGINNING WITH THE CALENDAR YEAR FOLLOWING THE YEAR OF THE FILING DATE NOTED ABOVE AND EACH YEAR THEREAFTER. FAILURE TO FILE THE ANNUAL REPORT ON TIME MAY RESULT IN ADMINISTRATIVE DISSOLUTION OF YOUR CORPORATION. A FEDERAL EMPLOYER INDENTIFICATION (FEI) NUMBER MUST BE SHOWN ON THE ANNUAL REPORT FORM PRIOR TO ITS FILING WITH THIS OFFICE. CONTACT THE INTERNAL REVENUE SERVICE TO RECEIVE THE FEI NUMBER IN TIME TO FILE THE ANNUAL REPORT AT 1-800-829-3676 AND REQUEST FORM SS-4. SHOULD YOUR CORPORATE MAILING ADDRESS CHANGE, YOU MUST NOTIFY THIS OFFICE IN WRITING, TO INSURE IMPORTANT MAILINGS SUCH AS THE ANNUAL REPORT NOTICES REACH YOU. Should you have any questions regarding corporations, please contact this office at the address given below. Hope Sims, Corporate Specialist New Filings Section_ Letter Number: 894A00050927 Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 CRZEO42 97- 358 FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State March 6, 1996 CHURCH OF GOD OF HOLINESS OF CHRIST, INC. P.O. BOX 530454 MIAMI, FL 33153 Pursuant to your recent letter, we are enclosing photocopies as requested. Should you have any questions regarding this matter you may contact our office at (904) 487-6053. Niel Christensen Certification Section Letter No. 196A00009970 Division of Corporations - P.U. BOX 6327 -Tallahassee, Florida 32314 �0 97- 358 te o11 _ .NnIctIr", AMINK WERIMM'. MEW-119 ME rM ►AML ta i3ppartmrnt of fttr I certify the attached is a true and correct copy of the Articles of Incorporation of CHURCH OF GOD OF HOLINESS OF CHRIST, INC., a Florida corporation, filed on November 28, 1994, as shown by the records of this office. The document number of this corporation is N94000005805. ME= (2-91 ) diben unber mp banb anb the Great *eat of the 04ate of afloriba, at Tattabagbee, the Capital, this the Twenty-eighth bap ofNovember, 1994 r 3iM '4MH4 ,*gcretarg of Mote ARTTC RS OF LPORATtafIra or In CRURCD OF GOD OF NOLDR9S OF C XR ST, nM . M ;�A r-? A Corporation Not For Profit o p s v we, the undersigned, with other persons, being desirous of lornisq a Corporation Not For Profit, under the provisions of Cssaptar 617 of the Florida Statutes, do agree to the followings AMA MAX The name of this corporation is CHU CZ OF GOD OF VOL13MBS OF CHRIST, IISC. RIfTIf:Li II The general natnro and purposes of this corporation for which it is formed are as follows: '1. For religious worship and education. 2. For civic activities and the promotion of good will among all people. 3. For the dedication to the glory of god. 4. To foster and encourage patriotic duty and responsibility as American citizens. AMC M IIS T= OF ZZ16339 3 Thin corporation is to ezist perpetually. AMCLZ ry WALIFICMOK OF JWMRRB ,hem,%>ership for this corporation shall be open to all persons eighteen (ltt years of age or over, of good character and reputation. harried couples under eighteen (18) years of age may sake application to the xws*arship committee. Any application for sewDsrship which does not most the above rvq irements may be approved by the majority sots of the Board of Directors. 358 AZTICW 'P MMOAMUMUo She names and residences of the Subscribers to than Articles &rot Ski RLIUHRKM IRDMU DQSI9 437 X.R. 139 Strout Miami, Ploirida 33161 IARrz A. PIRRM 437 W.R. 139 Strout Miami, Florida 3161 SBIPSA.9 BZTCIR 437 X.R. 139 Street Miami. Florida 33161 AATZCLi vI OIFICIRS 1. The officers of this corporation shall be a Presidaut, Secretary and Treasurer, and one other officers and conaittess as the Constitution and By -Laws of this corporation may prescribe or as this corporation may sleet in accordance with its needs. Toe officers slay be elected at the annual meeting of this corporation and the terms of the elected officers shall be for one (1) year or as specified in the Can titution aid By -Laws of the corporation. . 3. She names of the officers who are to serve until the first election area QEE= PR SIDS' 8ZCRlTZRT on AXIMU D�TiB BIRZS 0. PZRRJM TSZPBU BIT= AE�CLi PIZ BOARD OF DZRRf.'!O'RS 1. The nanagaiment of the affairs of this corporation shall be vested in the Board of Directors. All officers hersinbefore mentioned in ARTICLs VZ shall be so berm of the Board of Directors. This corporation shall have three (3) Directors initially. She aueibar of Directors may be increased or decreased 2 " 34- 97- 358 f, time to 'me by the by -Lars, but shall new be less than two (2) . 2. The nama and addramses of the persons who are to serve as Dir.ctors until the first election thereof &rat 9= RUIU MU"= DUTS9 437 X.R. 139 Street Miami, Florida 33161 RULNIs Q. PZXRRs 437 W.b. 139 Street Miami, Florida 33161 TbD%" bITCW 137 p.b. 139 Street Miami, Florida 33161 A�?tCI g MI The Annual Meeting of this corporation shall be held in the month of Yovembar of each year and such other meetings any Le held as are provided in the Constitution and the by -Laws. ]1bSICf b xx 1. The corporations sbali have such by -Laws as may be necessary. 2. Opon proper notice, the By -Laws may be amended or altered by a too -thirds (2/3) vote of the webers present. ARTICLb Z 1. These Articles of Incorporation may be amended at a special meeting of the meslbership called for that purpose, by a majority vote of those memmers present. 2. AmmuS innts may also be made at a regular sooting of the meat.srship upon notice given, of intention to submit such amendments. ms 35 97_ 35(3 The location of this corporation shall be in the City of Kiasi, County of Dade, State of Florida, or at such address as may be designated by the Board of Directors. The Principal address is 4600 N.E. 2 AVE. SUITE/ 7 MIAMI FWRIDA 33138 BRAT, of = CQxrmt1►' LW The Seal of the corporation shall consist of two (2) concentric circles, between which appear the words, cmmCg of OOD OF HOL33MSS OF CBItIST, INC., and in the center shall be inscribed the words, •Corporate Seal.• In the event of dissolution, the residual Assets of the organisation will be turned over to one or more organizations which are thm selves exempt as organizations described in Section 501(c)(3) and 170(c)(2) of the Internal Revenue Code of 1954 or corresponding sections of any prior or future Internal Revenue Code or to the Federal, State or Local governxmmt for exclusive public purpose. MWRRAL DOW= R,gPR1f17R CODS EZX?IOK Notwithstanding any other provision of these Articles, this corporation shall not carry on any other activities not permtittsd to be carried an by (a) a corposn,tion exempt !raft Federal Incase Tax under Section 501(c)(3) of the Internal Revenue Code of 1954 or the corresponding provision of any future Vnited States Internal Aevenue Law or (b) corporation contributions which are deductible under Section 170(c)(2) of the Intesnai revenue Code of 1954 or any other correspoE ing provision of any future United States Internal Revenue Law 9 7 - 3508 xx WX 8 1ZZRID0l, we, the undersigned subscribing incorporators, have heareaato not our hands and seals this Lllhday of November, 1994, for the purpose of formdmg thin Corporation Not For Profit ender the laws of the State of Florida. , Q --3 7��i3! MTZ OF FLOMMDA ) )as.: caaWff or 220"Am ) saORX KE, the uad*rsignod authority, duly authorized in the State aforesaid, and in the Cauntp aforesaid to take acknowl*dgestients, personally appeared this date XRDB R VOTES, IOIRIa 0. PIMUM, and TREPffi1S aLTon, to m known to be persons described an Subscribers in ARTIC'L1R V and rho executed the foregoing Articles of Incorporation, and they acknowledged before ss that they executed and subscribed to then* Articles of Incorporation, and who Florida DL and pr'oduC*d No. Miami Sr. H.S. ID as identification. MISS li5 my hand and official seal in the County and State 4 last aforesaid this /S . of MAPMN 1 UFNACK NOTARY PUSUC STATI OF iL IDA COMMMION NO. CCWM4 My J 1"S .5 37 97- 358 CNIMIFICATE DUIGWLTM PLACZ OF IYUSin is Olt yr� ✓ DOMICILE FOR TER SERVICE OF PROCESS WITHIN THIf-'-i o 'A STATE, HAKIMAGXWT UPW Kim PBOCSSS MAY BE S CCO i T N In pursuance of chapter 48.091, Florida Statute r46 following in submitted in caspliance with said Acti TrC � That C U CH OF COD OF SOLIIrES9 OF C MIST, nFC., a Corporation Not For Profit, desiring to organise under the laws of the State of Florida, with it principal office as indicated in the Articles of Incorporation at the City of Miami, County of Dade, State of Florida, has named MXXTTW I. LIPXACE, located at Suite 300, 7880 M. Oakland Parris Boulevard, Fort Lauderdale, Florida 33351-6790, as its agent to accept service of process within this State. Having been named to accept service of r .o. 'too for the above -mated Corporation, at the place designated in this Certificate. I hereby accept to act in this capacity, and agree to comply with the provisions of said Act relative to keeping open said office. 3g 6 - 97- 358 9 7- 358 7- j�J Fay yi As tt tt 'nil ep i ZONING § 1301 ARTICLE 13. SPECIAL PERMITS; GENERALLY Sec. 1300. Intent, generally. In addition to zoning procedures and requirements relating generally to issuance of building permits and certificates of use, a s ecial permit system is hereby established. It is intended that this system shall assure special examination, review, and findings by appropriate agents, agencies, or bodies of the city in connection with proposed actions particularly specified in this zoning ordinance. Special permit procedures and requirements as set out herein,are intended to apply in relation to use, occupancy, location, construction, design, character, scale, or manner of oper- ation, or the necessity for making complex or unusual determinations; also to assure consid- eration of the particular circumstances of each case and the establishment of such conditions and safeguards as are reasonably necessary for protection of the public interest generally, and protection of adjacent properties, the neighborhood, and the city as a whole. A sn ial nP*n+�t is a_grant of authority under the terms of this zoning ordinance from and by a designated agent, officer, or body of the city to an applicant for the use of property in the manner set out in the grant of special permit. (Ord. No. 10863, § 1, 3-28.91) Sec, 1301. Classes of special permits; intent; agent, agency, or body responsible for each; referrals. Four (4) classes of special permits are hereby established, ranging from those dealing with uses, occupancies, and activities of a temporary nature or likely to have small but potentially adverse impacts on adjacent and nearby properties to those with substantial effects on neigh- borhoods and/or the city. They are ranked in the following order: Class I Special Permit, Class II Special Permit, Special Exception and Major Use Special Permit. When more than one (1) special permit is required to address the same issue, the highest ranking permit granted shall be considered sufficient. Classes of special permits, their intent, and the agent, agency, or body responsible for each, and referrals are as follows: 1301.1. Class 1 Special Permits; intent; administered by zoning administrator; mandatory re- ferrals. It is intended that Class I Special Permits be required where specified uses or character- istics of use are of a nature requiring mandatory technical determinations or reviews to establish special conditions and safeguards. In general, such determinations and reviews will normally be by agencies or officers other than the department of planning, building and Supp. No. 1 457 6'V c(et 5 8 § 1301 MIAMI, FLORIDA zoning, and may involve matters such as design for traffic, parking and loading facilities, health and environmental considerations, and legal determinations. 1301.1.1. Administration by zoning administrator. The zoning administrator shall be solely responsible for the administration and processing of applications for Class I Special Permits, and for determinations thereon. Decisions of the zoning administrator re- garding Class I Special Permits shall be affected and limited by reports received on referrals as provided in sections 1401 and 1402 (see article 14). 1301.2. Class 11 Special Permits; intent; determinations by director of department of planning, building and zoning; referrals. It is intended that Class II Special Permits be required where specified uses and/or occu- pancies involve substantial technical issues relating to planning policy. The director of the department of planning, building and zoning shall be solely responsible for review for compliance and consideration of applications for Class II Special Permits. The director shall make such referrals to other officers, agencies, boards or departments as are required by regulations relating to the particular special permit and may make other referrals deemed necessary by him before arriving at his decision (see article 15, section 1502). - 1301.3. Special Exceptions. 1301.3.1. Intent. Within the city generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature re- quiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safe- guards which should be applied as reasonably necessary to promote the general pur- poses of this zoning ordinance and, in particular,.t6 protect adjoining properties and the nPiehborhood from avoidable. potentially adverse effects. It is further intended that the expertise and judgment 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 are mandatory for Special Exceptions. 1301.4. Major Use Special Permits; intent, determinations by city commission; referrals. It is intended that Major Use Special Permits be required where specified uses and/or occupancies involve matters deemed to be of city-wide or area -wide importance. The city commission shall be solely responsible for determinations on applications for Major Use Special Permits (see article 17). The director of the department of planning, building and zoning shall make recommen- dations on all applications for Major Use Special Permits and for any amendments thereto and shall transmit said applications and recommendations to the planning advisory board for its Supp. No. 1 458 97- 358 ZONING § 1603 ARTICLE 16. SPECIAL EXCEPTIONS; DETAILED REQUIREMENTS Sec. 1600. Regulations applying. Issuance, issuance with conditions and safeguards attached, or denial of Special Excep. tions, is governed by regulations applying to special permits generally as set out in article 13 of this ordinance, regulations applying to particular uses or occupancies appearing in the official schedule of district regulations, regulations applying to particular uses and occupan. cies that may be set out elsewhere in this zoning ordinance, and regulations set out in this article. It is the intent of this ordinance that a grant of Special Exception is adequate and suffi- cient to the particular circumstances and that no application fora variance will be accepted which would attempt to alter the terms or dimensions specified in thin inning ordin naa fQr the use governed by a grant of Special Exception; it being understood that an application for a variance to relax other terms limited to; height, lot coverage, dimensions of yards, parking, other open spaces and/or loading requirements may be accepted. (Ord. No. 10877, § 1, 4-25.91) Sec. 1601. Reserved. Sec. 1602. Referrals; time limitation. All applications for a Special Exception shall be referred to the director of the department of planning, building and zoning, and within ten (10) calendar days of receipt of the applica• tion, the director shall make such referrals to other officers, agencies, or departments as are required in the case by this zoning ordinance or which are, in the director's judgment, neces. sary to the preparation of proper recommendations to the zoning board concerning disposition of the application. Any reviews, analyses, and/or technical findings requested by such referrals shall be returned by the referenced agencies to the office of the director of the department of planning, building and zoning within ten (10) working days of the date of the director's referral, unless the applicant and the director shall mutually agree to a time extension in writing and for good cause shown; and the referral shall note this requirement and the length of the extension, if any. Sec. 1603. Responsibility for recommendations; preparation of recommendations; time limitations. 1603.1. Responsibility of director of department o f planning, building and zoning; zoning board consideration. The director of the department of planning, building and zoning shall prepare recommen- dations and submit them to the zoning board on each application for Special Exception, and the zoning board shall give full consideration to his recommendations. 517 9?_ 358 § 1603 MIAMI, FLORIDA 1603.2. Preparation of recommendations and time limitations. The director of the department of planning, building and zoning shall have thirty (30) calendar days from the date of receipt of the application for Special Exception to prepare recommendations and to cause the application and accompanying recommendations to be placed on the agenda of the zoning board for consideration. Referrals to other officers, agents, or departments shall not be cause for extending this time limitation, unless the applicant and the director shall mutually agree to a time extension in writing and for good cause shown. 1603.3. Standards. The recommendations of the director shall be based upon applicable guides and standards as required generally by this ordinance and for the activity or situation proposed, and shall contain written reasons therefor. Sec. 1604. Submission of complete record to zoning board; availability for public inspection. The director of the department of planning, building and zoning shall submit to the zoning board the application, written recommendations and reasons therefor, and all reviews, anal- yses, and/or technical findings related to the case received during the referral process. All such materials shall be a permanent part of the written and public record in the case and shall be available for inspection, copying and written answer by the applicant, if desired, not less than ten (10) calendar days prior to the meeting at which the matter is to be considered by the zoning board. During this period and upon request, any other person or any officer, agency, or department of government shall have access to the record. Sec. 1605. Changes in original applications; notices; hearings. 1605.1. Requirements concerning changes in original applications after processing begins. Changes may be made in the original application only by following the requirements of section 2215. 1605.2. Notice on Special Exceptions. Formal public notice and hearing, as provided in the Code of the City of Miami, section 62.55, subsections (1), (2), (3) and (4) shall be required in connection with Special Exceptions, and a public hearing shall be held by the zoning board. (Ord. No. 10877, § 1, 4.25.91) Sec. 1606. Findings; decision; time limitations; further actions. 1606.1. Findings. In its decision to grant an application for Special Exception, to grant with conditions and safeguards, or to deny the application, the zoning board shall give full consideration to the recommendations of the director of planning, building and zoning and shall make written findings that the applicable requirements of this zoning ordinance have or have not been met, 518 97- 358 ZONING § 401 8. For waterfront property only, wet dockage or moorage of major private pleasure craft not exceeding two (2) per dwelling unit for the first ten (10) dwelling units, plus one (1) for each five (5) additional dwelling units. 9. Aluminum recycling machine, by Class I Special Permit and subject to the require- ments and limitations of section 940. Of)`'street Parking Requirements: For residential use: Same as for R-4 Multifamily High -Density Residential. For convalescent homes, nursing homes, institutions for the aged or infirm and orphan- ages: Same as for R-4 Multifamily High -Density Residential. For nonresidential use: One (1) space per one hundred fifty (150) square feet of gross floor area for barber and beauty shops. One (1) space per each five (5) fixed seats, and per each fifty (50) square feet of gross floor area for movable seats, for Bible study classes, meeting halls and places of general assembly, excluding classrooms and other areas not for general assembly. One (1) space per every one hundred (100) square feet of gross floor area, for restau- rants and banquet halls, bars, saloons, private clubs and lodges. One (1) space per every one hundred (100) square feet of gross floor area, for game rooms, pool and billiard halls and other similar establishments. One (1) space per every two hundred and fifty (250) square feet of gross floor area, for discount membership merchandisers. Except as required above, one (1) space per three hundred (300) square feet of gross floor area for other nonresidential uses. For commercial marinas: Parking needs for automobiles and boat trailers to be deter- mined for a specific project by Special Exception, but not less than five (5) spaces plus one (1) space for each two (2) boats, sixteen (16) feet or more in length, to be accom- modated. For dry dockage or boat racks: Five (5) spaces plus one (1) for each three (3) boats. For lodgings: Two (2) parking spaces for every three (3) lodging units. Offstreet Loading Requirements: For buildings in excess of twenty-five thousand (25,000) square feet and up to five hundred thousand (500,000) square feet of gross building area: Berth minimum dimension to be twelve (12) by thirty-five (35) feet; First berth for gross building area up to fifty thousand (50,000) gross square feet; Second berth for gross building area of fifty thousand (50,000) up to one hundred thousand (100,000) gross square feet; Supp. No. 3 121 97- 358 § 401 MIAMI, FLORIDA Third berth for gross building area of one hundred thousand (100,000) up to two hundred fifty thousand (250,000) gross square feet; Fourth berth for gross building area of two hundred fifty thousand (250,000) up to five hundred thousand (500,000) gross square feet; For buildings with square footage in excess of five hundred thousand (500,000) square feet: Berth minimum dimension to be twelve (12) by fifty-five (55) feet; In addition to the requirements set forth above, there shall be one (1) berth for every five hundred thousand (500,000) gross square feet of building area. By CIass I Special Permit one (1) larger (six hundred sixty (660) square feet) loading space may be replaced by two (2) of the smaller (four hundred twenty (420) square feet) loading spaces as dictated by needs of the individual project. Sign Regulations: Onsite signs only shall be permitted in these districts, subject to the following require- ments and limitations. Except as otherwise provided, such signs may be illuminated but shall not be animated or flashing. At retail or service establishments, in addition to identifying the principal business, commodity or service, such signs may devote not more than half of their actual aggregate to the advertising of subsidiary products sold or services rendered on the premises. 1. Community or neighborhood bulletin boards or kiosks shall be permissible as provid- ed at section 925.3.10. 2. Construction signs; not be exceed one (1) construction sign or thirty (30) square feet in area, for each lot line adjacent to a street. 3. Development signs, except where combined with construction signs, shall be permis- sible only by Class I Special Permit as provided at section 925.3.8. 4. Directional signs, which may be combined with address signs but shall bear no ad- vertising matter, may be erected to guide to entrances, exits, or parking areas, but shall not exceed five (5) square feet in surface area. 5. Ground or freestanding signs, limited to one (1) sign structure with not to exceed two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area, for each establishment or for each fifty (50) feet of street frontage. Permitted sign area shall be cumulative, but no sign surface shall exceed one hundred (100) square feet. Maximum height limitation shall be twenty (20) feet including embellishments, mea- sured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the zoning admin- istrator at his discretion may increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. 6. Marquee signs, limited to one (1) per establishment and three (3) square feet in are'a. Supp. No. 3 122 97- 354 § 401 MIAMI, FLORIDA 12. Stockpiling and distribution of rock, sand, gravel and the like, including concrete mixing plants limited to dry components, only by Class II Special Permit. 13. Residential uses in conjunction with property zoned under categories allowing residential uses by Special Exception only. 14. Tattoo parlors by Special Exception only. 15. Hiring halls or labor pools by Class II Special Permit. 16. Government and institutional uses, including schools, by Class II Special Permit. Conditional Accessory Uses: Uses and structures which are customarily incidental and subordinate to conditional principal uses and structures, including specifically: 1. Temporary special events, involving outdoor gatherings at churches, schools and the like, or in connection with opening ceremonies or special promotions, to the extent not otherwise licensed, regulated and controlled under other regulations of the city, only by Class I Special Permit (see section 906.9). 2. Child daycare centers accessory to a church or school, subject to the restrictions and limitations in section 936, by Class II Special Permit only. 3. Christmas tree sales by Class I Special Permit only. 4. Sales of other goods pertaining to a national legal holiday by Class I Special Permit only. 5. Helistops only by Special Exception with city commission approval and subject to requirements and limitations in section 933. Offstreet Parking Requirements: Generally: As for C-1 uses. Other uses not included in C-1 or specifically listed below: Minimum of one (1) space per one thousand (1,000) square feet of gross floor area. Miniwarehouses: Minimum of one (1) space per one hundred (100) storage units and one (1) space for the facility manager. Garages, paint and body shops: Three (3) spaces for each service bay or stall. Flea markets: Minimum of one (1) parking space per stall and one (1) parking space for each five hundred fifty (550) square feet of gross sales area. Offstreet Loading Requirements: For buildings in excess of twenty-five thousand (25,000) square feet and up to five hundred thousand (500,000) square feet of gross building area: Berth minimum dimension to be twelve (12) by thirty-five (35) feet; First berth for gross building area up to fifty thousand (50,000) gross square feet; Supp. No. 4 126 97- 358 ZONING § 401 18. Other activities whose scale of operation and land use impacts are similar to those uses described above; except that boats, vehicles, Christmas trees, flea markets and the like permitted in this district may be sold, displayed and stored (but not repaired) in the open air. 19. Cellular communications site provided that where a transmission tower is used the transmission tower shall not exceed one hundred and fifty (150) feet. Permitted Accessory Uses: Same as for C-1 district and in addition: Uses and structures which are customarily incidental and 'subordinate to permitted principal uses and structures, including specifically: 1. Dwelling and lodging units used for watchmen, caretakers, and others requiring living quarters on the premises. 2. Any use permitted as a principal use, subject to requirements and limitations applying to the principal use. Conditional Principal Uses: As for C-1, and in addition: 1. Motels and hotels by Special Exception only. 2. Rescue missions and other transient residential facilities by Special Exception only. 3. Major sports facilities by Major Use Special Permit only. 4. Automotive paint and repair services by Special Exception only. 5. Exhibition and entertainment facilities by Special Exception only. 6. Convention centers by Special Exception only. 7. Recreation and entertainment facilities, which are not already listed under C-1 Restricted Commercial —Conditional Principal Uses, by Special Exception only. 8. Public utilities and transportation facilities by Special Exception only. 9. Flea markets by Class II Special Permit only, subject to the limitations in section 938.1. 10. Adult entertainment, subject to the limitations and requirements in section 937. 11. Heavy equipment sales, services and storage, and building material sales and storage, including contractor's equipment and road building equipment by Special Exception only; except where specifically excluded in the grant of special exception, open storage of equipment and material shall be behind or beside a shop, store, or other building in permitted use in the front or side portion of the same lot, and where not screened from view from public streets (other than alleys and from adjoining residential districts by buildings) shall be enclosed by a solid textured wall (with necessary openings) at least six (6) feet in height. Supp. No. 4 125 9'7- 358 § 4.7 ALCOHOLIC BEVERAGES 14.10 Purchase of a female employee's time by a customer or dancing with a female employee in an alcoholic beverage es• tablishment constitutes a violation of prohibition of this sec. tion. City of Miami v. Penley, 21 Fla. Supp. 42; affd 21 Fla, Supp. 110. City code cross reference —Female dance hall employees not.to mingle with customers, § 5.81. Sec. 4-7. Soliciting drinks prohibited. It shall be unlawful for an owner, operator or manager of a place dispensing alcoholic bever- ages for consumption on the premises to employ or permit on the premises any person to solicit drinks for himself or herself or any other person. It shall be unlawful for anyone to frequent or loiter in any place selling or dispensing alcoholic beverages for consumption on the premises for the purpose of soliciting for the purchase of drinks. (Code 1967, § 3-13) Annotation —Prohibition against soliciting drinks held valid. City of Miami v. Kayfetz, 92 So. 2d 798. City code cross reference —Solicitation of purchase of re- freshments prohibited in dance halls, § 5.79. County code reference —Similar provisions, §§ 21.21(c), (d). Sec. 4-8. Prohibiting sales, etc., during emer- gency. Whenever, in the opinion and judgment of the city manager, a public emergency shall be created or exist in the city, causing or tending to cause public disorder, lawbreaking and confusion, the city manager is hereby authorized and empow- ered to prohibit, by and through the issuance of his official decree, the sale, serving or consump- tion of beer, wine, spirituous and other intoxi- cating liquors and beverages for and during a pe- riod of twenty-four (24) hours or such longer period of time as may be described in such decree, at all commercial establishments and at all other places in the city where such beer, wine, spirituous and all other intoxicating liquors and beverages are licensed to be sold, served or otherwise dispensed. In the issuance of such decree, the city manager shall have the fact of the issuance and the con- tents of such decree broadcast by police and by commercial radio stations and otherwise given publicity as quickly and as widely as shall be fea- sible. It is hereby declared to be illegal for any Supp. No. 39 person operating, employed at or otherwise con- trolling any of the commercial establishments or other places described in this section to sell, serve or permit the consumption on the premises of beer, wine, spirituous and all other intoxicating liquors and beverages during the period described in the decree of the city manager provided for in this section. Each violation of, or noncompliance with, any of the provisions of this section shall consti- tute a separate offense, and shall subject every person guilty thereof to the penalty prescribed in section 1.6. (Code 1967, § 3.22) Sec. 4.9. Violation of state law. It is intended that the provisions of this chapter shall apply solely to those beverages constituting alcoholic beverages under the laws of the state. Every violation of the laws of the state relating to the sale of alcoholic beverages is hereby specifi- cally made a violation of this chapter, with the same force and effect as if the provisions of such laws were fully set forth herein. (Code 1967, § 3.29; Ord. No. 10772, § 1, 7.26-90) 363 Sec. 4.10. Distance separation —Between an establishment within the central commercial district and combina. tion residential and commercial district. No certificate of use and/or occupancy shall be issued to any applicant for the consumption or sale of liquor either on the premises or off the premises and/or beer and wine for consumption on the premises as defined under the laws of the state, in the central commercial district, as de- scribed, if the proposed place of business of such applicant is situated less than five hundred (500) feet from a place of business with a prior alcoholic beverage license, such five -hundred -foot distance to be measured and computed from the front door of the established licensee to the front door of the proposed place of business of the applicant along the route of ordinary pedestrian traffic; and pro- vided further, that no certificate of use and/or oc- cupancy shall be issued to any applicant for con- sumption or sale of liquor on the premises or off the premises and/or beer and wine for consump- § 4.10 MUN1I CODE tion on the premises in that district designated as the combination residential and commercial dis- trict, if the place of business of the applicant is situated less than fifteen hundred (1,500) feet from a place of business with a prior alcoholic beverage license; such distances to be measured and com• puted from the front door of the established lic- ensee to the front door of the proposed place of business of the applicant, along the route of ordi- nary pedestrian traffic. The restrictions herein - above set forth shall not be applicable between liquor licensees and beer and wine licensees. Notwithstanding the above, said distance re- quirements may be reduced for a non -COP package liquor store (for consumption off premises only) through the procedure in section 4-14(g). (Ord. No. 9585, § 2, 3.24-83; Ord. No. 9664, § 1, 7.28-83; Ord. No. 10755, § 1, 6-28-90; Ord. No. 10777, § 1, 9.7.90; Ord. No. 10882, § 1, 5.9-91) Sec. 4.11. Same —From residential districts. No certificate of use and/or occupancy shall be issued to any applicant for the sale of liquor and/or beer and wine for consumption on the premises where the proposed place of business of the appli. cant is nearer than five hundred (500) feet to an R (residential) district, unless such institution is so arranged and the building so constructed and the business is so conducted as to prevent the emis. Sion of sounds, vibrations and odors. (Ord. No. 9585, § 2, 3.24.83; Ord. No. 10772, § 1, 7.26.90,) Sec. 4.12. Same —From churches and public schools in central commercial dis. trict. No certificate of use and/or occupancy shall be issued to any applicant,for the sale of liquor to be consumed either upon the premises or off the pre- mises and/or for the sale of beer and wine to be consumed on the premises in the central commer. cial district where the proposed place of business of the applicant is within three hundred (300) feet of a church or public school; provided the method of measurement that shall be applied to deter• mine whether or not the proposed place of busi- ness of the applicant qualifies, shall be by mea. surement made or taken from the main front entrance of the place of business to the nearest Supp. No, 39 364 § 4.14 point on a parcel of land occupied by a church or parcel of land set aside for, and used, or proposed to be used, for public school purposes, and the measurement shall be made along the route of ordinance pedestrian traffic. (Ord. No. 9585, § 2, 3-24-83; Ord. No. 9664, § 1, 7.28.83; Ord. No. 10772, § 1, 7-26-90) Sec. 4.13. Satre —From churches and public schools in combination residential• commercial districts. No certificate of use and/or occupancy shall be issued to any applicant for the sale of liquor to be consumed either upon the premises or off the pre- mises and/or for the sale of beer and wine to be consumed on the premises in the combination res- idential and commercial district to where the pro- posed place of business is within three hundred (300) feet of a church or nearer than one thousand (1,000) feet to any public school; provided the method of measurement that shall be applied to determine whether or not the proposed place of business of the applicant qualifies shall be by mea- surement made or taken from the main front en- trance of the place of business to the nearest point on a parcel of land occupied by a church or a parcel of land set aside for, and used, or proposed to be used, for public school purposes, and the measure- ment shall be made along the route of ordinary pedestrian traffic. (Ord. No. 9585, § 2, 3.24.83; Ord. No. 9664, § 1, 7.28.83; Ord. No. 10772, § 1, 7.26-90) Sec. 4.14. Exceptions to distance require. ments. (a) The restrictions hereinabove set forth shall not be applicable to apartment -hotels, and mo- tels,* with fifty (50) or more guest rooms or to office buildings containing at least sixty thousand 160,000) square feet devoted to and maintained for office room space, and said hotels, motels, and office buildings may contain places of business for the sale of liquor and/or beer and wine to be con- sumed on the premises where such sales are con- ducted in an orderly manner, and where such sale of liquor and/or beer and wine in said hotels. *City code cross reference —Hotels and motels, ch. 25. 97-- 358 s § 4.14 MIAMI CODE 1 4.20 1P.1•elrl, 'Nithin a retail _pecialty zonter tho ntal :lumber of establishments ieiling alcoholic never likes and/or UNrr and wine exempt from these dis- tance requu•ement-A pursuant to the exemption pro- vided in this suhparavraph If) =hall not exceed one 11 Such establishment per twenty thousand 30,000) gross square feet of the retail component within the retail specialty center but in no event shall the establishments exempt from these dis- tanef, requirements by this subparagraph exceed five , 5) establishments within said retail specialty center and all such exempt establishments shall ,a) serve food during all hours of operation and (b) shall provide one (1) fulltime security guard on paid premises per each one hundred. (100) seats or fraction thereof during those hours of operation when alcoholic beverages, beer and'or wine are served for consumption on the premises. No sign or display advertising that alcoholic beverages, beer and/or wine are available therein shall be permitted on the exterior of the retail specialty center. The exceptions and restrictions in this paragraph pertain only to retail specialty centers as defined in section 4.3(a), not including the re- mainder of the multi -use development, as defined. Liquor, beer and wine licenses incidental to res- taurants shall be issued pursuant to state law. (g) The restrictions as to distance between non -COP package liquor stores (for consumption off -premises only) as hereinabove set forth in sec- tion 4.10 may be modified by the zoning board following the procedures, requirements, and filing fees for special exception review specified in Zoning Ordinance No. 11000, articles 13 and 16, as amended, including appellate relief. In making their decision, the zoning board will specifically review and make findings based on the following criteria: (1) Whether there is ample off-street parking on the same site as is the subject establish- ment or whether there is adequate off-street parking off the site or whether there is ad- equate parking in combination. (2) Whether there are residentially zoned areas within a three -hundred -seventy -five-foot ra- dius of the subject site and how the subject site is screened in terms of noise, odor and light from these residential areas. Supp. No. 39 3) How, and to what extent, advertising signs on the establishment have been satisfacto• rily minimized in size and reduced in lighting intensity. (4) How, and to what extent, the proposed es- tablishment meets the standards in section 1305, Zoning Ordinance No. 11000, which are not otherwise required to be considered above. Such findings shall specifically be incorporated in the resolution of the zoning board. Decisions of the zoning board are to be deemed final, unless within fifteen (15) calendar days of the date of board decision, a request for review by the city commission is filed together with filing fees fol- lowing the procedure, for city commission review as set forth in article 20, Zoning Ordinance No. 11000, including exhaustion of administrative remedies and judicial review as therein set forth... (Ord. No. 9585, § 2, 3-24.83; Ord. No. 9664, § 1, 7-28.83; Ord. No. 10144, § 1, 9-11.86; Ord. No. 10636, § 1, 9-14.89; Ord. No. 10655, § 1, 10-12.89; Ord. No. 10882, § 1, 5.9-91) 366 Sec. 4-15. Verification of distance separations between established licensees, churches and public schools. It shall be the responsibility of the zoning ad- ministrator to ascertain that the required distance separations between established licensees, churches and public schools have been properly demonstrat- ed. The method of verification shall be the sub- mittal of a "certified distance survey" sealed by a state registered land surveyor and/or civil engi. neer prior to the acceptance of an application for certificate of use and/or occupancy. (Ord. No. 9585, § 2, 3.24.83) Secs. 4-16-4-20. Reserved. 97- 358 4 4.14 ALCOHOLIC BEVERAGES 3 4.14 apartment -hotels, motels or office buildings is strictly incidental to the principal hotel, motel or office building use and where there are no signs of any type exhibited or displayed to the outside, indi- cating that liquor and/or beer and wine is obtain- able therein, and where the room for the sale of liquor and/or beer and wine as conducted does not open upon any public street or sidewalk. Not more than one (1) certificate of use and/or occupancy for consumption on the premises shall be issued for any one !1) hotel, apartment -hotel, motel or office building. (b) The restrictions as to distance as hereinabove set forth shall not be applicable to bona fide res- taurants and dining rooms where the sale of li- quor and/or beer and wine is entirely incidental to the principal use of selling food, and where no sign or display is made to the outside indicating that alcoholic beverages are obtainable therein and where such restaurant has a space of at least four thousand (4,000) square feet, having accom- modations for service of two hundred (200) or more patrons at tables and containing all necessary equipment and supplies for serving full course meals regularly; there shall not be included in she four thousand (4,000) square feet of space any patio that does not have a permanent roof, one (1 ) complete side of which is connected directly with the main roof of such restaurant. Kitchen pan- :ries, storage rooms, toilets. etc.. used exclusively :n the operation of the restaurant may be included in the four thousand (4,000) square feet of space; further, said restrictions shall not be applicable co any beer, wine, ur beer and wine licensee who sells or intends to sell said beverages for consump- tion off the premises only; further, said restric- tions shall not be applicable to any bona tide licensed restaurant or dining room where the sale of beer, wine, or beer and wine is entireiv :nci- dental to and in conjunction with the principal use of selling food, and where no sign or display is made to the outside, indicating that beer, wine, or beer and wine are obtainable therein. !.c) The restrictions hereinabove set forth shall not apply to private clubs, chartered in the county :or a period not less than three (3) months. 1d) The restrictions as to distance between es- tablishments as hereinabove set forth in section Supp. No. 39 4.10 shall not be applicable to existing licensees, when said licensees are moved to a distance not greater than three hundred (300) feet of their existing location, said three hundred (300) foot distance to be measured and computed from the front door of the established location of the licen. see to the front door of the proposed location, along the route of ordinary pedestrian traffic; and provided further, that the proposed location shall conform to the restrictions of sections 4.11, 4.12 and 4.13 of this chapter, unless the license as established, prior to being moved, is nonconform. ing to the provisions of section 4.12 and,'or 4.13 of this chapter; in such case, the proposed location shall be locatea at a greater distance from a church or school than the previously established location, but shall not necessarily be located in accordance with the restrictions as specified in section 4.12 and/or 4.13 of this chapter. Notification shall be given to the office of the city manager and the director of the department of fire, rescue and in- spection services, in writing, forty-five !45) days prior to the change in location and the issuance of a certificate of use and/or occupancy. (e) The restrictions as to distance as hereinabove set forth shall not be applicable to waterfront specialty centers located on city -owned property or to individual tenants within the centers. Wa- terfront specialty centers may contain places of business for the sale of alcoholic beverages and, or beer and wine where such uses have been permit- ted on city -owned property by the City of Miami Commission. Within any one (1) waterfront spe- cialty center, not more than fifty (50) percent of the center's tenants shall be issued certificates of use and/or occupancy permitting service of alco- holic beverages and/or beer and wine. No sign or display advertising that alcoholic beverages, beer and/or wine are available therein shall be per. mitted on the exterior of the waterfront specialty center visible from a public right-of-way. Liquor, beer and wine licenses incidental to restaurants shall be issued pursuant to state law. 365 tf) The restrictions as to distance as herein - above set forth shall not be applicable to retail specialty centers or to individual tenants within said centers subject to the limitations set forth 97- 358 JDOW & DOOR W ENING (EXTENT *OF CHANGE) ZONING INFORMATION ZONING LOT AREA EXISTING BUILDING LOT COVERAGE ALLOWED LOT COVERAGE --� SPACE REQ'D. 10% _ OPEN SPACE PROVIDED SETBACKS - EXISTING TO REMAIN NORTH 63'-0* SOUTH 0'-0" EAST 0'-0" WEST 50'-O' C-2 25,280 SQ. FT. NET, 9,450 SQ. FT. .40 GROSS = 37% NET/ GROSS 2 3,178 SQ. FT. 2, 405 SQ. FT. PARKING REQUIRED SANCTUARY 165 SEATS PARKING ® 1 /5 = 33 SPACES SUNDAY SCHOOL USE 3,250 SQ.FT. EXEMPT FROM ADDITIONAL TOTAL PARKING REQUIRED 33 CARS PARKING PROVIDED . 31 STANDARDS 2 HANDICAP. TOTAL 33 SPACES' I PAVEMENT AREA V 12,847 SQ. FT. USES ARE NOT SIMULTANEOUS ;iALLLANDSCAPE SHALL BE IN ACCORDANCE WITH DADE COUNTY ORDINANCE REQUIREINEN-TS' "AT TIME OF PERMIT y7- 0 iNINO INFORMATION tizAH;r�G �a0; ��,��tiC, "� HEARIN REVI PUBLIC WORKS DAT By# LON .00 sy: °LA ING • DATE �Y: GvKc :ipna+giro n� rinciy NG C-2 AREA 25,280 SO. FT. NET/ GROSS AREA 31,780 SQ.FT TING BUILDING 9,450 SQ. FT. COVERAGE ALLOWED .40 GROSS = COVERAGE 37% NET/ GROSS 29% I SPACE REQ'D. 10% = 3,178 SQ. FT. i SPACE PROVIDED 2,405 SQ. FT. --- ACKS — EXISTING TO REMAIN H 63'-0" H 0'-0" 0'-0" 50'-0" ING REQUIRED TUARY 165 SEATS PARKING ® 1/5 = 33 SPACES AY SCHOOL USE 3,250 SQ.FT. EXEMPT FROM ADDITIONAL PARKING _ PARKING REQUIRED 33 CARS PARKING PROVIDED ` 31 STANDARDS 2 HANDICAP. TOTAL. 33 SPACES If ►1T 358 ZL Pro je Comr Drawr O 1757 7 oo 1 27 13 7 12'-0 —on 4%. 12'— On 00 < Ln c rn cl, u EXISTING FRONT FACADE M'REMAJH 5' SIDEWALK 2' CURB & GUTTER -HEAST 79, STREET, n F.".i 15*-4 -38 . . . . . . . 9.5' SDEWALK - 2' CURB & GUT -MR -HEAST 79 STREET, EXISTING FRONT FACADE TO' REMAIN co 04' 1 13 . .. ... SUND':S GROSS AREA 3,3Q9 zik. THIS USE IS EXEMPT 'f;I4C)M'`: `14iNt ADDITIONAL PARKING,. RE6 ATj -:14 7- n ScHo, OL. .7-0 toN 13 kLK PER PUBLIC STANDARD DETAILS Nt .