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O-10978
J-91-879 10/30/91 10978 ORDINANCE NO. AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE PROPERTY BEHIND APPROXIMATELY 5918- 5922 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION OF THE SUBJECT PROPERTY FROM MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of October 16, 1991, Item No. 2, following an advertised public hearing, adopted Resolution No. PAB 55-91, by a 7 to 0 vote, RECOMMENDING APPROVAL of an amendment to the Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, as hereinafter set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this Comprehensive Plan change as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, is hereby amended by changing the land use designation from Medium Density Multi -Family Residential to Restricted Commercial for the property behind approximately 5918-5922 Northeast 2nd Avenue, Miami, Florida, more particularly described as all that part of Section 13, Township 53 South, Range 41 East, particularly described as follows: Beginning at a point on the Westerly line of the County Road, distant 104.35 feet North of the Northwest corner of the Junction of the prolongation of Biscayne Avenue, and said County Road, thence Westerly 330 feet along the North boundary line of a tract of land deeded by Esther A. Sutton to E.H. Scott, as per Deed recorded in Deed Book 29 at Page 150 of the Public Records of Dade County, Florida; thence North parallel with the County Road 104.35 feet; then Southeasterly 330 feet to a point on the West line of said County Road 104.35 feet North of the Point of Beginning, thence South 104.35 feet to the Point of Beginning. Excepting, however, from the above described tract the North 38 feet of the East 161.86 feet thereof, also excepting from the above described property the East 11.86 feet heretofore, dedicated to the City of Miami for Street and sidewalk purposes, A.F. MERRITT, according to the plat thereof, as recorded in Plat Book B at Page 104 of the Public Records of Dade County, Florida. All situate in the City of Miami, County of Dade, State of Florida. Section 2. It is hereby found that this Comprehensive Plan designation change: -2- 10978 a. is necessary due to changed or changing conditions; b. is one which involves property that has not been the specific subject of a Comprehensive Plan change within the last year; and C. is one which does not involve the same owner's property within 200 feet of property that has been the subject of a Comprehensive Plan change within the last year. Section 3. The City Manager is hereby instructed to direct the Director of Planning, Building and Zoning to transmit a copy of this Ordinance immediately upon approval on first reading to Bill Sadowski, Secretary, Florida Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399-2100, for 90 day review and comment. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 5. If any section, part of this section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance shall become effective forty-five (45) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 14th day of November , 1991. -3- 10978 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 30th day of Apri 1 , 1992. ATTES MATT YY HIRAI CITY CLERK PREPARED AND APPROVED BY: LINDA KELLY AR N Assistant City Attorney LKK/pb/gmb/M856 XAVIER L. SUAREZ MAYOR APPROVED AS TO FORM AND CORRECTNESS: .. Q01RN S , III City Att ey -4- 10978 SERGIO RODRIGUEZ, AICP Director May 6, 1992 af Taml pVY OF M 9' CESAR H. ODIO City Manager F V0 Mr. B. Jack Osterholt, Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite #140 Hollywood, FL 33021 Re: Second Transmittal of Amendment No. 91-12, to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Mr. Osterholt: %i -i W N "T'► .0 The City of Miami, on April 30, 1992, adopted Ordinance 10978 amending the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP). This proposed amendment is a small scale development activity and, according to Chapter 163.3187, was submitted without regard to statutory limits on the frequency of consideration. Pursuant to the requirements of Chapter 163.3184 F.S. 1987 and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), I am pleased to provide you with a copy of these documents consisting of: - One (1) copy of MCNP Land Use Plan Map Amendment Ordinance 10978 as adopted, (Attachment 91-12-2 A); - One (1) copy (for reference purposes only) of the support documents on which recommendations are based, (PZ-15, City Commission Meeting of April 30, 1992) (Attachment 91-12-2 B); Page 1 of 2 Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128 Mailing Address - P.O. Box 330708 / Miami, Florida 33233-0708 Mr. B. Jack Osterholt May 6, 1992 If, in the 45 day review process, there are points that need clarification, you may contact Roberto E. Lavernia, Planner I, Planning, Building and Zoning Department, at (305) 579-6086. Sincerely, Sergio Rodriguez, AICP Director AP D Sez/ 70 OCA— SR/rl Attachments cc: Matty Hirai, City Clerk Guillermo E. Olmedillo, Deputy Director Planning, Building and Zoning Department Clark P. Turner, Planner II Planning, Building and Zoning Department Robert Lavernia, Planner I Planning, Building and Zoning Department Doc:[robert]<robert>transm/91-12 Page 2 of 2 (letter only) (letter only) (letter only) (letter only) SERGIO RODRIGUEZ, AICP �% CESAR H. ODIC) Director ...... r City Manager OFCO..F�O� May 6, 1992 Mr. Ralph Hook, Community Programs Administrator a fr; Florida Department of Community Affairs (DCA) ={--4 --� Division of Resource Planning and Management = � - M Bureau of Local Planning arr- 2740 Centerview Drive ga.1 Tallahassee, FL 32399-2100 -n. 3,^ Re: Second Transmittal of Amendment No. 91-12, to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Mr. Hook: The City of Miami, on April 30, 1992, adopted Ordinance 10978 amending the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP). This proposed amendment is a small scale development activity and, according to Chapter 163.3187, was submitted without regard to statutory limits on the frequency of consideration. Pursuant to the requirements of Chapter 163.3184 F.S. 1987 and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), I am pleased to provide you with four (4) copies of these documents consisting of: - One (1) copy of MCNP Land Use Plan Map Amendment Ordinance 10978 as adopted, (Attachment 91-12-2 A); - One (1) copy of the support documents on which recommendations are based, (PZ-15, City Commission Meeting of April 30, 1992) (Attachment 91-12-2 B); As directed in Mr. Paul Bradshaw's letter of May 21, 1990, we are forwarding one (1) copy of these documents to the Executive Director of the South Florida Regional Planning Council. Page 1 of 2 Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128 Mailing Address - P.O. Box 330708 / Miami, Florida 33233-0708 Mr. Ralph Hook May 6, 1992 If, in the 45 day review process, there are points that need clarification, you may contact Roberto E. Lavernia, Planner I, Planning, Building and Zoning Department, at (305) 579-6086. Sincerely, A,) v s euj 7v 064 Sergio Rodriguez, AICP Director SR/rl Attachments cc: Matty Hirai, City Clerk Guillermo E. Olmedillo, Deputy Director Planning, Building and Zoning Department Clark P. Turner, Planner II Planning, Building and Zoning Department Robert Lavernia, Planner I Planning, Building and Zoning Department Doc:[robert]<robert>transm/91-12 Page 2 of 2 (letter only) (letter only) (letter only) (letter only) SERGIO RODRIGUEZ, AICP Director November 19, 1991 vct#ij of . oA 111 7' t nnrr Harr � �j u n Qc Y � P Fco r �o Mr. Ralph Hook, Community Programs Administrator Florida Department of Community Affairs (DCA) Division of Resource Planning and Management Bureau of Local Planning 2740 Centerview Drive Tallahassee, FL 32399-2100 CESAR H. ODIO City Manager -. d �7 j 3 Re: Transmittal of Application N 91-12; a roposed amendment to the Miami Comprehensive Neigh orhood P n 1989-2000. Dear Mr. Hook: The City of Miami is transmitting to the DCA the required "Checklist" of information for Application No. 91-12, a proposed amendment to the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP), as required by Rule 9J- 11.006, F.A.C.. This proposed amendment is a small scale development activity and, according to Ch. 163.3187 F.S., can be submitted without regard to statutory limits on the frequency of consideration. Application No. 91-12 proposed to change the land use designation of a parcel at approximately 5918-5922 NE 2nd Avenue in the Edison -Little River Planning District, from Medium Density Multi -family Residential to Restricted Commercial. Enclosed please find ten copies of the following information for the amendment: a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment 91-1.2 A); b) Analysis of the availability of, and demand on, public facilities (Attachment 91-12 B); c) Analysis of the compatibility of the proposed land use change with the land use element goals, objectives and policies, as well as those of other affected elements (Attachment 91-12 C); Page 1 of 2 Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128 Mailing Address - P.O. Box 330708 / Miami, Florida 33233-0708 10978 Mr. Ralph Hook November 19, 1991 d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare networks; and the present land use designations of the property and abutting properties (Attachment 91-12 D); e) A copy of support documents, including the proposed draft ordinances, on which recommendations are based (Attachment 91-12 E); and f) A copy of Volume I: Goals, Objectives and Policies of the MCNP, as amended through January 24, 1991. This volume contains all of the adopted MCNP elements. (Attachment 91-12 F). If you have any questions regarding this transmittal, please contact Joseph W. McManus at (305) 579-6086. Y, ST:ec odrigue AIC Di SR/rl Attachments cc: Matty Hirai, City Clerk Guillermo E. 01medillo, Deputy Director Planning, Building and Zoning Department Joseph W. McManus, Assistant Director Planning, Building and Zoning Department Elbert L. Waters, Assistant Director Planning, Building and Zoning Department Clark P. Turner, Planner II Planning, Building and Zoning Department Robert E. Lavernia, Planner I Planning, Building and Zoning Department Doc: [robert)<robert>transm/91-12 (letter only) (letter only) (letter only) (letter only) (letter only) (letter only) Page 2 of 2 10978 Mr. Ralph Hook November 19, 1991 d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare networks; and the present land use designations of the property and abutting properties (Attachment 91-12 D); e) A copy of support documents, including the proposed draft ordinances, on which recommendations are based (Attachment 91-12 E); and f) A copy of Volume I: Goals, Objectives and Policies of the MCNP, as amended through January 24, 1991. This volume contains all of the adopted MCNP elements. (Attachment 91-12 F). If you have any questions regarding this transmittal, please contact Joseph W. McManus at (305) 579-6086. SR/rl Attachments cc: Matty Hirai, City Clerk (letter only) Guillermo E. 01medillo, Deputy Director (letter only) Planning, Building and Zoning Department Joseph W. McManus, Assistant Director (letter only) Planning, Building and Zoning Department Elbert L. Waters, Assistant Director (letter only) Planning, Building and Zoning Department Clark P. Turner, Planner II (letter only) Planning, Building and Zoning Department Robert E. Lavernia, Planner I (letter only) Planning, Building and Zoning Department Doc: (robert]<robert>transm/91-12 Page 2 of 2 10978 PZU15 PLANNING FACT SHEET APPLICANT Yves Vielot, Executive Director Haitian Task Force, Owner September 11, 1991 PETITION 2. PROPERTY BEHIND APPROXIMATELY 5918-5922 N.E. 2ND AVENUE (Legal Description on file with Hearing Boards Office, Planning, Building & Zoning Department) Consideration of amending Ordinance 10544, as amended, Miami Comprehensive Neighborhood Plan 1989-2000, Future Land U9e Plan Map by changing the land use designation of the subject property from Medium Density Multi Family Residential to Restricted Commercial. REQUEST To amend the Comprehensive Plan for the subject property. PLANNING RECOMMENDATION Approval. BACKGROUND The front (east) 106 feet of the property facing N.E. 2nd Avenue is designated Restricted Commercial. The subject property is designated Medium Density Multi Family Residential, from which commercial parking is excluded. ANALYSIS The property is located between 59th and 60th Street behind the commercial frontage on NE 2nd Avenue. It is presently zoned R-3 Multi -Family Medium Density Residential. On the south side of this lot there is an existing non -conforming use. At the extreme southwestern corner, this property abuts several low density residential structures; otherwise, this lot is not adjacent to any other residential structures. This parcel is intended to be used as a parking lot for the expanded and renovated Caribbean Marketplace accross the street on NE 2nd Avenue. This recommendation for approval is made only to relieve the parking shortage at the Marketplace. 10978 PLANNING ADVISORY BOARD At its meeting of October 16, 1991, the Planning Advisory Board adopted Resolution PAB 55-91, by a 7-0 vote, recommending approval of the above. CITY COMMISSION At its meeting of November 14, 1991, the City Commission passed the above on First Reading. �, 10978 FEE EN 0 0 Pie- & NINE IESTRICTED MEDIUM DENSITY '.00MMERCIAL MULTI FAMILY MEDIUM DENSITY MULTI FAMILY RESIDENTIAL N. E. 59 S T. RECREATION I _ I!I N .. E — `---• c T RESTRICTED -- COMMERCIAL I iL g .W .Q i ■i■■■■■�©�I 71 DUPLEX RESIDENTIAL N i l l ale ST ORDINANCE 10544 MCNP 1989-2000 Approz: 5918-5920 N.1 2nd Avenue i09'78 From: Medium Density Multi -Family �, E Residential i To: Restricted Cam • - s t1 r..-+�-� 7 ) 2! w • x IS f 2f !1 S ' • iV.E •�� 6 3 . ell I -to f" 2 Is 17 ! 1 2 )0 A I• .3 � 3 3 Z T 4 53 +. • i.j 13 6mC'Qprl,2t 11 1 ft13If f 7 f IIq 6 7•1 f'• u. 10 •e•• ttse N•. E. S T. a ee wo LZ PlOTRE DAME ACADEMY FOR GIRLS N —mc 1 I - 1 e 3•) 2 I=) 4AR I 7 • 37 I I ft 4 // M i T �• • V f e 4 3 2 1= f 2 1 s Z I s T • 3 i � 1• i ,v • r• I.S.W's [to s !• •• t• 411 { 0 3 II f f 7 f s 4 3 2 1 3 4 3 I 1 1 12 1 Is If : t .MERRITT. 9� all I peevesRAU MCI 7 TRAia ,At IF T PR = f - Z 3 E 2 >t J , = 1 �e fi7O� 31� ter! ��as[to s3ssi->a _ �•p •�T 1 L'OURYERTURE . PARK SITE TFt,t 1 1c1 R-2, Los lie • s ! a f , 2 1 7 . 10 11 12 in 80 13 114 � 13 � 1 a is 1 171 sot' 5y I rRwGl 1 TRAC' JOYCE P A 0 P E P NE 62 0 i 6I 0 MAGIC CITY TR AILCR U P U I S T 0 N. E. 6 0 • 7 f • 10 11 12 13 M Is 14 17 It i N [ 7 s 3 1 37 59 i�IP4I�J� LLj 12 J 13 it U �• 1. to m0�mm�0�o� NdW..�.. rr �.� ■ "T t3f V m!t O I� NEO F• f 7 ) 4 3 2 1 p f t 10 17 If If 1 2 ) i f n 12 1 { N.E 59 f• T •• 3 2 I. W 9 If if o N. E. • . 7 ) • 3 2 10 f • 8 If If 20 1 22 23 1• . 11 12 13 N.E. 56 f. T• f ) 2 I to K I7 If • 0 21 22 i3 !i tl 52 t3 ' f f 6 f• s:+ o f • n � N C ;1rd 0i c MWL z ...� N •: � Y N . E ORDINANCE 10544 MCNP 1989-2000 APProg: 5918-5920 N _ E Y I 2nd Avenue From: Medium Density Multi -Family .�' Residential Restri( ted Com. 0i c MWL z ...� N •: � Y N . E ORDINANCE 10544 MCNP 1989-2000 APProg: 5918-5920 N _ E Y I 2nd Avenue From: Medium Density Multi -Family .�' Residential Restri( ted Com. PAB- ITEM#2 October 16, 1991 al description on file at Hearing Board Office, located at approximatel 0 -NE 2nd Avenue ANALYSIS OF PROPOSED COMPREHENSIVE PLAN AMENDMENT NO.91-12 RECOMMENDATION The Planning Department recommends approval of the proposed comprehensive plan amendment requesting the land use designation change from "Medium Density Multi -Family -- Residential" to "Restricted --Commercial". DISCUSSION The subject 0.489 acre parcel at approximately 5920 NE 2nd Avenue, comprises a lot on the center of the block bounded by NE 59th and 60th Street and between NE 2nd and 1st Avenue, in the Edison -Little River Planning District. MCNP Land Use Policy 1.6.1., establishes future land use categories according to the Future Land Use Plan Map and the "Interpretation of the Future -Land Use Plan Map". The subject property is currently designated "Medium Density Multi -Family -- Residential". Areas of the same designation are located to the east, south and north of the subject property, while to the west there is a "Commercial -- Restricted" land use. The "Multifamily Medium Density --Residential" land use category permits multifamily structures up to low-rise apartment structures and lower density residential structures. Permissible uses include accessary commercial and office activities in the same building that are intended to serve the retailing and personal services needs of the immediately surrounding neighborhood and community -based residential facilities (14 clients or less). "Commercial -- Restricted" land uses accommodate commercial activities that generally serve the daily retailing and service needs of the public. Other permissible land uses within this category include motels, hotels, transitory 10978 residential facilities, offices, medical facilities, and sport, exhibition or entertainment facilities. A change of land use designation to "Commercial -- Restricted" would support MCNP Land Use Goal 1, requiring land use patterns to promote and facilitate economic development and the growth of job opportunities in the City. The change would, also, be consistent with Land Use Objective 1.3. which requires the City to encourage commercial development within existing commercial areas as long as the capacities of existing public facilities that serve the development would not degrade the LOS below the minimum standards adopted in the MCNP Capital Improvement Element (CIE). Currently, the adopted Future Land Use Map shows a long strip, on both sides of NE 2nd Avenue, immediately west of the area in question designated "Commercial --Restricted". A clear precedent, therefore, exist for the requested land use change since a similar land use pattern is present in the area. In addition, Land Use Policy 1.1.1. requires development or redevelopment, that results in an increase in density or intensity of land use, to be contingent upon the availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvement Element (CIE) (CIE Policy 1.2.3.). The attached Concurrency Management Analysis pertaining to concurrency demonstrates that no level of services would be reduced below minimum levels. GE0/JMM/CT/RL/r1 Doc:[robert]<robert>91-12awen 09/24/91 10978 CONCURRCNCY NANAGDEJT ANALYSIS CITY Or MIAMI PLANNING DEPARTMENT Proposal No.: 91-12 IMPACT or 1Ro10sED APENiDNCNT To LAND USE NAP Date: 09/I3/9: WITHIN A TRANSPORTATION CORRIDOR ------------------- »--»-- -» AIICNIDM CNT INFORMATION » I— I -» ---- CONCURRCNiCY ANALYSIS --»-- ---- Applicant: Haitian Task rare*, Inc. I RECREATION AND OPDI SPACE I Address: 591E-5920 N.L. 2 Ave. I Population Increment, Residents 101 space Requirement, acres 0.14 Boundary Streets: North: I tacess Capacity before Change 54.27 South: I tacess Capacity After Change 54.13 ELst: N.L. 2 Ave. I Coneurreaey Checkoff OK tmost: I -------=�-»--»»»�_�-- -___-»--------- POTABLE WATER TRANSMISSION 1 Existing Designation, Maximum Land Use Intensity I population Increment, Residents 107 Residential 0.659 acres 0 65 DU/scr* 32 DU's I Transmission Requirement, gpd 23.928 Other O aq.ft.P 0 rAR 0 sq.ft.1 Lasses Capacity before Chang* >2% above demand Peak Hour Person -Trip Generation is I Excess Capacity After Change >2i above demand I I Coneurreney Checkoff ox I Proposed Designation, Maximum Land Use Intensity I ---- i Residential O.419 acres s 150 DU/sere 73 DU's I SANITARY SEWER TRANSMISSION 1 I Other 0 sq.ft.1 0 FAR 0 sq.ft.1 Population Increment, Residents 107 Peak Hour Person -Trip Generation 42 1 Transmission Requirement, gpd 29,762 I I Excess Capacity before Change 3-2% above demand Net Increment With Proposed Change: I Lxeess Capacity After Change >2% above demand Population 107 1 Coneurroney Checkoff OK IDwelling Units 42 I -------------- -----------------_---- --»-------I Peak Hour Person -Trips 24 1 STORM SEWER CAPACITY txfiltration System before Change On -sit* Planning District Ldison/Little River I txfiltration system After Change On -site County wastewater Collection ion* 301 1 Coneurreney Checkoff OK Drainage Subcatchment Basin L2 I ----- --»------»---«»---------------I Solid Waste Collection Route 4 1 SOLID WASTE COLLECTION Transportation Corridor Name Biscayne I Population Increment, Residents 101 1 Solid Waste Generation, tons/year 137 1 ----------------- ------ ----------- »------»-------»- ---I Laeess Capacity before Change 500 1 RELEVANT NCNP GOALS, OBJECTIVES, AND POLICIES I Excoos Capacity After Change 363 1 Coneurreney Checkoff ox Land Use Policy 1.1.1 �1 CIE Policy :.2.3 1 TRAFrIC CIRCULATION Population Inerement, Residents 107 i Peak -Hour Person -Trip Generation 24 1 LOS Before Change 9 1 I LOS After Change B I --------------- »----------- -- --- i Coneurreney Checkoff Ox -------------- 1 CTES ___I I -------- »»»--------__--------------- ASSUMPTIONS AND COM CNTS ----------------- I I Population increment is assumed to be all now residents. Peak-1 I period trip generation from ITE Trip Generation, ith Edition. Potable water snd wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are i assumed correct. Service Connections to water and sewer mains are assumed to be of adequate size; !!'not, now connec- Lions to be installed at owner's expense. Recreation/Open Space acreage requirements and Traffic Circulation v/C balances assume proposed change. Transportation Corrlder Capacities and ..CS !rod. Tadle i:-i{n:1, Data and A.'U_ys-S. --------------------------------------------I--------------------------------------------------------------- IOS 78 The under signer baln the owner or the repres tative of the owner, of the • subject property o(esl respectfully request the 4proval of the City of Miami for the following seendment(s) to the Miami Comprehensive Neighborhood Plan for the above -described property as indicated in the Land Use Plan: FROM: >4 MEDIUM DENSITY RESIDENTIAL TO: ��RESTRICTED COMMERCIAL Please supply a statement indicating why you think the existing plan designation is inappropriate. Please supply a statement justifying your request to change the p'in to your requested plan designation. SEE ATTACHMENT / V What is the acreage of the property being requested for a'chan a in plan designation? 9 0.489 ACRES 10978 02^0 P ni ? Application i Date: CITY OF MIAMI PLANNING DEPARTMENT 275 N.W. 2 STREET MIAMI, FLORIDA 33128 APPLICATION TO AMEND THE MIAMI_COPPREHENSIVE NEIGHBORHOOD PLAN Section 62-17 of the Code of the City of Miami, Periodic review, additions and amendments to the adopted comprehensive plan, reads as follows: - Periodically, but not less often than once in five (5)'years or more often than once in two (2) years, adopted comprehensive plans or a portion thereeof shall be reviewed by the planning advisory board to deteroine whether changes in the amount, kind or direction of development and growth of the city or area thereof, or other reasons, make it necessary or beneficial to make additions or amendments to the comprehensive plans, or portion thereof. If the city commission desires an amendment or addition, it away, on its own motion,' direct the planning department to prepare such amendment for submission to and review by the planning advisory board. The planning advisory board shall make a recommendation on the proposed plan amendment to the city commission Within a reasonable time as established by the city commission. The procedure for revising, adding to or amending comprehensive plans or portions thereof shall be the same as the procedure for original adoption. This petition is proposed by: City Commission Planning Department ) Zoning Board ( X ) Other L Please Specify: Haitian Task Force Inc. ( ) x�. The subject property is located at 5970 NE e n d Avenue Miami, Florida 33137 AND MORE PARTICULARLY DESCRIBED AS: 10 9 7 8 Lot(S) SEE ATTACHED LEGAL DESCRIPTION Block(s) Subdivision Page 1 of 3 ATTACHMENT: APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN LEGAL DESCRIPTION AND STREET ADDRESS OF SUBJECT REAL PROPERTY All that part of Section 13, Township 53 South, Range 41 East, particularly described as follows: Beginning at a point on the Westerly line of County Road, Distant 104.35 feet north of the Northwest corner of the junction of the prolongation of Biscayne Avenue and said County Road, thence Westerly 330 feet along the North boundary line of a tract of land deeded by Esther A. Sutton to E. H. Scott, as per deed recorded in Deed Book 29, at Page 150 of the Public Records of Dade County, Florida; thence North parallel with the County Road 104.35 feet; thence Southeasterly 330 feet to a point on the west line of said county road 104.35 feet North of the- point of beginning, EXCEPTING, HOWEVER, from the above described tract the north 30 feet of the East 161.86 feet thereof, Subject to the dedication to the City of Miami of the East 11.88 feet for street and sidewalk purposes. The Street address of this property is 5920 N.E. 2nd Ave. WHY THE EXISTING PLAN DESIGNATION IS INAPPROPRIATE The present designation in the Miami Comprehensive Neighbor- hood Plan is inappropriate. The present plan designates that the property be used for residential purposes. There has been a significant change in the character of the use of this area since the current designation took effect. At the present time there is no immediately adjacent residential property. On three sides of it there are vacant lots with overgrown weeds and abandoned junk property (including a number of old truck trailers). The front portion of the parcel fronts on N.E. 2nd Ave. and is used strictly for commercial purposes. The whole nature of the area has changed since the area was first designated as residential. The neighborhood has gone through drastic demographic change. There has been substan- tial physical and social deterioration. Because of the dilapidated nature of the adjoining environment it is highly unlikely that any new construction of housing will take place on the adjoining vacant parcels of land. No new residential construction has occurred in the area for at least 20 years. STATEMENT JUSTIFYING REQUEST TO CHANGE PLAN The proposed change in the plan is wholly appropriate. The Haitian Task Force (HTF) is a not for profit community 10978 /1 Has the designat' I of this property oeen change in the last yearc NO Do you own any other property within 200' of the subject property? YES If yest has this other property been granted a change_in plan designation Rhin the last 12 months? • NO Have you made a companion application for a change of zoning for the subject property with the Planning and Zoning Boards Administration Department? YES Have you filed with dhPlanning and Zoning Boards Administration Department: - Affidavit of owp? YES - List of owners of property withirl 375' of the subject prop.YES ,Disclosure of ownership fore YES If not, please sup t. 'W� NAM Yves Vielot, Executive Director. --Haitian Task Force ADDRESS 5925 N.E. 2nd. Avenue, Miami, FL 33137 PHONE (305)751-9783 STATE OF FLORIDAI SS: COUNTY OF DADE Yves Vielot being duly summ, depos and says that e s t (Omer)gem or Owner) bf/Ae real operty described above3 that he has read the foregoing answer;-/, that sase..ary true and complete= and (if acting as agent for owner that M has au fl%ritj< to execute this petition on behalf of the owner. ( SEAL ) SWORN T AND UIBSf#IIBED befora I / Of I `Atary Publ Icl, State o? r1orida a arge dY u• n. c vv i "` • aa„►• MY COIMISSIOl1 EXPIRES: $OJm&DCOMMSSION 7�VN044;i Nov. 18, 199 Computation of Feet Receipt /o 10978 development corporation. For a number of years HTF has had a contract with the City of Miami (the Community Development Department) for the purpose of upgrading and expanding the Little Haiti business district. As part of this effort HTF has developed a retail facility (the Caribbean Marketplace) on N.E. 2nd Avenue directly across the street from the parcel in question. The Caribbean Marketplace is designed as the centerpiece of an upgraded business district. The Haitian Task Force is purchasing other property on that block for the purpose of expanding the Caribbean Marketplace concept and to further upgrade the business district. The Haitian Task Force purchased the parcel in question with a grant from the federal Department of Health and Human Services (HHS). They have torn down the dilapidated commercial structure that was on the front portion of the parcel and are constructing a parking lot. The parking lot is of critical importance to the health and prosperity of the business district. Because of the present plan, however, HTF can only use the front portion of the property for the parking lot. The plan needs to be amended so that the parking lot can be extended back to fill the entire parcel. There are no adjoining residential proper- ties that will be impacted from these plans. Since the property is not suitable for residential usage, the proposed amendment to the plan will allow the property to be used for its 2nLly feasible purpose. Without the change to the plan there will be no practical use for the property. 10978 U STATE OF FLORIDA) )SS COUNTY OF DADE ) Before me, the undersigned authority, this day personally appeared Yvesyielot , who being by me first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the City of Miami, Florida, effecting 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 modification of a classification or regulation of zoning as not 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 real property 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 correct. Further Affiant sayeth not. Sworn to and Subsc Vhi day of ! A Notary Public, State of / My Commission Expires: N OTARY PUBLIC. STATE OF cLCR1a7A. COMMISSION EXPIRES: Nov. IS, 19K BONDED TiRU NOTARY PUBLIC UND?RWRITER' _f (SEAL) (Name) ,before m ,19/ ida at Large it 109'78 OWNER'S LIST Owner's Name gas, A-mxwmswT TO gwt4s2Is A'Fnmyi'r mailing Address AND P15CLO50Qf— OF 6"WERSiNIF Telepnone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Oescription: Owner's Name Mailing Address Telephone Number_ Legal Description: Any other real estate property owed individually. jointly. or severally (by corporation, partnership or privately) within 3751 of the subject site is listed as follows:(cam A.T-04"o 160crilriED L-15T) Street Address Legal Description Street Address Legal Description S .t `Kern S�?o. Street Address Legal Oescripti-a 10978 ATTACHMENT: TO OWNER'S AFFMAVFF Legal description: All that part of Section 13, Township 53 South, Range 41 East, particularly described as follows: Beginning at a point on the Westerly line of County Road, Distant 104.35 feet north of the Northwest corner of the junction of the prolongation of Biscayne Avenue and said County Road, t.nhence Westerly 330 feet along the North boundary line of a tract of land deeded by Esther A. Sutton to E. H. Scott, as per deed recorded in Deed Book 29, at Page 150 of the Pubic Records of Dade County, Florida; thence North parallel with the County Road 104.35 feet; thence Southeasterly 330 feet to a point on the west line of said, county road 104.35 feet North of the point of beginning, EXCEPTING, HOWEVER, from the above described tract the north 30 feet of the East 161.86 feet thereof, Subject to the dedication to the City of Miami of the East 11.88 feet for street and sidewalk purposes. The Street address of this property is 5920 N.E. 2nd Ave. /)(0 10978 1. Legal deoariptum and street address Of suajeet real pcopastY: See Attachment 2.. •Oasr(s) ag subject real property and percensage of ownership. Note: City of alias!, OcdirMM No. 9419 rs*dm dik+,o.uss ag all partir Ta"w�uiq a financial interest, either direct or indisscs:, in the subject matter at a presentation, request or petitian to the City Con fission. Accordingly, question 92 requires discloeure of all shareholders of aoep=nticnst beneEiciaciee aE trusts, Awac a w other immested parties, together with thair addtesess and ptvpoctia wts LMAnst. See Attachment oared by ON Per" !rated in wMW to gnaealos 20 3713 feet ad the subiM reel ptopsrty. See Attachment w O am coal property (a) and (b) logrAd within Yves Vielot I bwww &dy emu# dePoesm aid S&P ME as is lilrar torney car OMIM!) og the real Fawwwrty descrtbed in &=Mer to qMtion il, abMl tb t he hae cued the farsgo M sewers and that the sa■a are true ad oa■pseeet (i! ae attoesMy foe CWMs) Clint he has anehocity to eseosea of OWrAWMlip CM oa bdMlt a! %W aes w. / / PLBLIC. 3TATc •�'�• 'Y COMMISSION SXPIRSS:1994 ^•;' FO T"U NOTP 3Y MBLIC UImYYWQ[iIaL 199'7 Notwy C, State at rlocida at Lup _.4 Yves Vielot I 0 U* duly &A=A, d@p0M atd up == n! 1s uw day 01nv0 RPnrpapnta iv CIEK T [ce, Inc. the owner of the real pcopsrty a,.,,, p . ■rover to gnsstm 9j, aoove: that he has read the tocapiM answers; that the aa■ie are true and oar plate i and that he has the atthwity to ep "I" pimau� of owmn- ship tm an behalf of the ornsr. , rftZF ' • OTARY PUBLIC, STATE OF BLCRiDA. MY COMMISSION EXPIRES: Nov. Is, Ills. somm Tmu NOTAtY rumue UND&RwtrIzat m at imp 10978 ATTACHMENT: MCLASURE OF OWNERSHIP 1. 2. 3. Legal description and street address of subject real property All that part of Section 13, Township 53 South, Range 41 East, particularly described as follows: Beginning at a point on the Westerly line of County Road, Distant 104.35 feet north of the Northwest corner of the junction of the prolongation of Biscayne Avenue and said County Road, thence Westerly 330 feet along the North boundary line of a tract of land deeded by Esther A. Sutton to E. H. Scott, as per deed recorded in Deed Book 29, at Page 150 of the Public Records of Dade County, Florida; thence North parallel with the County Road 104.35 feet; thence Southeasterly 330 feet to a point on the west line of said county road 104.35 feet North of the point of beginning, EXCEPTING, HOWEVER, from the above described tract the north 30 feet of the East 161.86 feet thereof, Subject to the dedication to the City of Miami of the East 11.88 foot for street and sidewalk purposes. The Street address of this property is 5920 N.E. 2nd Ave. The owner of the subject property and the percentage of ownership: Haitian Task Force, Inc. (HTF), a Florida not for profit corporation. loot ownership. In accordance with the disclosure requirements of City of Miami Ordinance No. 9419, no other person or entity has any ownership inter- est, either direct or direct, in the subject property. HTF has no shareholders. It's board is elected by a membership which, by law, can not receive dividends or other distribution of profits from the corporation. The original Articles of Incorporation for were filed in 1982. That document listed the seven "temporary" members of board directors along with the offices held by each. Following the initial meeting of the temporary board of directors, the bylaws were adopted and a new board of directors was elected in accordance with the relevant bylaw provisions. The bylaws called for four officers (Chairman, Vice Chariman, Treasurer, and Secretary). The present officers of HTF are as follows: Chairman: Max Massac 1635 NW 130 St. Miami FL 33167 Vice Chairman: Gerard Jeanty Apt. 315A 12035 NE 2nd Ave. Miami FL 33161 Treasurer: Jean Lamour 25 Spinning Wheel Lane Tamarac F1 33319 Secretary: John Little 963 NE 153 St. North Miami Beach, F1 33162 Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. /",F None. The owner does, however, have a wholly owned for profit subsidiary called the Caribbean Marketplace, Inc. which owns a parcel of realty across the street from the subject property. The street address of this property 109'78 is 5925-27 N.E. 2nd Ave., Miami, Florida 33137. The legal description is as follows: Lot 13, Block 12 of PIERCE'S DIVISION OF LEMON CITY, Plat Book B, Page 43, Dade County, and Lots 7 & 8 of the Resubdivision of Lots 14, 15, and 16 of Block 12 of PIERCE'S DIVISION OF LEMON CITY, Plat Book 7, Page 49, Dade County, and Lot A, of the O.J. POWELL SUB- DIVISION, Plat Book 41, Page 26, of the Public Records of Dade County, Florida (less that portion of said Lot A describ- ed in Executor's Deed dated November 8, 1967 and recorded in Official Records Book 5705, Page 694 of the Public Records of Dade County Florida. 10978 HAMAN TASK FORCE, INC. CORPORATE RESOLUTION I, the undersigned Secretary of the Haitian Task Force, Inc., DO HEREBY CERTIFY that following Resolution was adopted by the board of directors of the corporation at a special meeting, a quorum being present, on February 1, 1991: W-I-T-N-E-B-B-E-T-H WHEREFORE, the corporation has acquired a parcel of land located across the street from the Caribbean Marketplace (5920 N.E. 2nd Ave., Miami, Florida), and WHEREFORE, the corporation desires to convert this property into a parking lot that will benefit businesses in the neighborhood thus increasing the prospects for additional jobs being created for low income persons, it is therefore RESOLVED, that the executive director, Yves Vielot, is authorized and directed to enter into a general contractor's agreement with Beauchamp Construction Co,. Inc. for the construction of a parking lot on the above described property. Such contract shall be upon terms that are compatible with the terms and budget of the corporation's grant from the federal Department of Health and Human Services (the funds from which are being used to pay for the construction), it is further RESOLVED, that the executive director, Yves Vielot, is authorized and directed to apply to the City of Miami for a change of zoning and for an amendment of the Comprehensive Neighborhood Plan for this property so that the entire property may be used for a parking lot (and not just on the front portion of the property which at present is the only part of the land that is zoned for commercial usage). In connection with the application, the executive director is authorized to prepare all of the necessary paperwork, make all necessary appearances, and to do all other acts that may otherwise be required. Max s ac, cnairper on M. Little, Secretary 3 `� Dat �'-3yI_ Date 10978 THIS SPECIAL WARRANTY DEED, made this 19._-0 day of January, 1991 between FIRST UNION NATIONAL BANK OF FLORIDA, a national banking corporation, ("Grantor"), and HAITIAN TASK FORCE, INC., a Florida corporation, having a post office address of 5920 N.E. Second Avenue, Miami, Florida 33137 ("Grantee"). That Grantor, in consideration of the sum of TEN & 901100 DOLLARS ($10.00) and other good and valuable considerations, to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, Grantee's successors and assigns forever, the real property and the improvements thereon, situate and being in Dade County, Florida, more particularly described as follows, to -wits See Exhibit "A" attached hereto which consists of one page TOGETHER with all tenements, hereditamente and appurtenances thereto ooning or in anywise appertaining, v O N N w o it n u V J V A' x o Fu- is 0 � X.o Cl- Q .� V V� 0 a m AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; and Grantor does hereby specially warrant the title to the said land, and will defend the title to same against the lawful claims of all persons claiming by, through or under Grantor, but none others. TO HAVE AND TO HOLD, the same in fee simple forever. THIS CONVEYANCE is subject to the following: 1. Real estate taxes and assessments for the year 1991 and subsequent years. 2. Zoning, restrictions, prohibitions and other requirements imposed by governmental authority, including the physical condition of all improvements; restrictions and matters appearing on the Plat or otherwise common to the Subdivision; public utility easements of record; and all matters which would be disclosed by a current survey of the property; provided, however, that this reference shall not operate to reimpose any of the same. IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed to be executed in its name by its duly authorized and appointed officer as of the day and year first above written. Signed, sealed and delivered in the presence of: 4E THIS INSTRUMENT PREPARED RY: JOSEPH D.,BOLTON, ESQ. SBUTTS & BOWEN 1600 Miami Center 100 Chopin Plaza Mimi, Florida 33131 c9 c2 FIRST • UNION NATIONAL BANK OF. FI.ORIDA, a national banking corporation. By: Vice President (CORPORATE SEALl z?:; :0 j o S�,Lfo 10 97 R«: 1488T?�Z400 , OF FLORIDA ) ss: Y OF DADE ) [ HEREBY CERTIFY that on this day, before me, an officer duly qualified she State and County aforesaid to take acknowledgments, personally red Richard G. Ellis, Vice President of FIRST UNION NATIONAL BANK OF )A, a national banking corporation, to me know to be the person described d who executed the foregoing instrument and he acknowledged before me ie executed the same on behalf of said Corporation. 1ITNESS my hand and official seal in the County and State last aforesaid 7 day of January, 1991. —7 _ Notary Public, S to Florida (SEAL) .mission expires: ; .. •., Z 4 4n a„�c !NARY PAWC STATE OF FLORIDA b�ED �01DARAL Er: I4881'C240I, . EMIRIT "A" All that part of Section 13, Township 53 South, Range 41 But, described as follows: Beginming at a point on the Westerly lineof the County Pcad, distant 104.35 feet North of the Northwest corner of the imeticn of the prolongation of Biscayne Avenue, and said County Road, thesnve Westerly 330 feet along the North boundary line of a tract of land deeded by Esther A. Sutton to E.H. Scott, as per Deed recorded in Deed Book 29 at Page 150 of the Public Records of Dade County, Florida; thence North parallel with the County hoed 104.35 feet; thence Southeasterly 330 feet to a point on the West line of said Camty road 104.35 feet North of the Point of Beginning, theme South 104.35 feet to the Foist of Beginning• Dtoeptisng, however, from the above described tract the North 38 feet of the East 161.86 feet thereof, also excepting frm the above described properly the But 11.86 feet heretofore dedicated to the City of Muni for Street and sidewalk purposes. All situate in the City of Muni, County of Dade, State of Florida. RECORDED IN OFFICIAL RECORDS ROCX Of DADE COUNTY, PLOR1OA. RECORD VERIFIED Clerk of Circuit & County Cnurtg 109"78 L.EG. .i- 3RVICES OF GREATER MLAi.>. NC. COMMUNrrY DEVEL.OPhM,?T LAW CENTER 225 N.E. 34th Street, Miami, Florida 33137 Tekphona (305) S7"= ExL 217 , MERCEDESBUSPO President ROGER MCCLEL APID lst Vice Pre„de"t September 3, 1991 LORE 47A LLANPS 2nd Vice President VANCE SALTER Treasurer RUPERT BUREY Assistant Treasurer DONALD C. JONES Secmary Gloria Fox Hearing Boards Chief Planning & Zoning Department 275 NW 2nd St. Miami Fl 33233-0708 Re: HAITIAN TASK FORCE, INC Dear Ms. Fox: MARCIA B. CYPEN Eramvtim DiRetor John M. Little, Esq. Economic Development Coordinator I am the attorney for the Haitian Task Force, Inc. (HTF). I also hold the office of Secretary in the organization. As you know, HTF is applying for a zoning change and an amendment to the Comprehensive Neighborhood Plan with regard to a parcel of real estate that they own. You have requested additional information with regard to this application as follows: 1. You requested a copy of the minutes for the meeting of the board of directors at which the present officers were elected. These minutes are attached. 2. You have asked for a copy of the bylaws because you could not tell from your examination of the articles of incorporation whether or not the corporation had the "power" to buy and sell real estate. a. A copy of the bylaws are attached. b. Please note that §617.0302, Florida Statutes gives all Florida not for profit corporations an enumerated list of powers. All such corporations have these powers unless the organization's articles of incorporation or bylaws provide otherwise. One of the powers listed in the statute is the power to buy and sell real estate. A copy of 6617.0302, F.S. is attached. C. Neither the articles of incorporation nor the bylaws limit the HTF's statutory corporate powers in any way. 107$� J THE COMMUN[IY DEV®APMEW LAW CENM PROVIDES LEGAL ASSISTANCE To QUAD® CORCWL IIY-BASED ORGANI7ATIONS ENGAGED IN HOUSING AND ECONOMIC DEVELOPMFXr September 3, 15, . Page 2 I hope that Liiis letter (and its attachments) has provided you with the information that you had requested. Please do not hesitate to contact me at any time should you need assistance. 7S*)?/ereyour r John M. Little //Attorney at law i-�" cc: Yves Vielot Jorge Corzo Max Massac p� � 10978 HAMAN TASK FORCE, INC. Minutes of Board of'Directors Meetinq 5/31/91 The meeting was called to order at 6:50 pm. by the chairperson. The following members were present: Max Massac, Fred Seraphin, Gerard Jeanty, Serge Augustin, Gerard Aquino, Anthoney Emmanuel, Fred St. Amand, and John Little. Absent were Ringo Cayard, Roland Berthold, and Jean Lamour. chairman's Report The Chairman gave a report on the election by the Membership of the board of directors. The election was held on May 25, 1991. A copy of the report is attached and is incorporated into the minutes -by this reference. Vote #1 Adoption of Minutes of Membership meeting Upon a motion that was properly made and seconded, the following Resolution was unanimously adopted: It is hereby RESOLVED that the Chairman's report of the 5/25/91 membership election are hereby adopted. Appointment of Temporary Chairperson for Election of Officers Serge Augustine was designated as the temporary chairperson for purposes of facilitating the election of the officers Election of Chairman Max Massac was nominated. No other nominations were made and therefore, Max Massac was designated Chairperson by unanimous consent for a one year term. Election of Vice Chairperson Gerard Jeanty was nominated. No other nominations were made and therefore, Gerard Jeanty was designated Vice Chairperson by unanimous consent for a one year term. Election of secretary John Little was nominated. No other nominations were made and therefore, John Little was designated Secretary by unanimous consent for a one year term. Election of Treasurer 10978 Jean Lamour was nominated. No other nominations were made and c�22 therefore, Jean Lamour was designated Treasurer by unanimous consent for a one year term. Swearing in of Officers The temporary chairperson administered the oath of office to the new officers and then turned the chair of the meeting over to the new newly elected chairperson. Vote #2 Adoption of Minutes for 4/26/91 Meeting Upon a motion that was properly made and seconded, the following Resolution was unanimously adopted (Fred Seraphin abstained): It is hereby RESOLVED that the minutes of the 4/26/91 meet are adopted. Executive Directoros Report The executive director gave his report which included the following topics: the status of the revolving loan fund, the status of Potparol, the status of the parking lot project, and the status of the facade treatment program. Vote #3 Hiring of Two Now Staff Members Upon a motion that was properly made and seconded, the following Resolution was adopted by unanimous vote (with Serge Augustin abstaining), it is hereby RESOLVED that the executive director,is authorized and directed to fill the hire two persons to fill the two vacant staff positions subject to the approval of the personnel committee. Vote #4 Approving Budget Upon a motion that was properly made and seconded, the attached proposed budget for 1991-92 is adopted. vote #5 Board Retreat Upon a motion that was properly made and seconded, the following Resolution was adopted by unanimous vote; it is hereby RESOLVED that the executive director, in consultation with the Chairperson, is authorized and directed to plan and implement (including the hiring of consultants) a board retreat using whatever funding is made available by the Dade Community Foundation. The tentative date for the retreat is July 6, 1991 if a 10978 at all possible. Vote #6 Filling vacancies on CMI Board Upon a motion that was properly made and seconded, the following Resolution was adopted by unanimous vote (with Serge Augustin abstaining), it is hereby RESOLVED that the Chairman is authorized and directed to vote the corporation's shares of stock in the Caribbean Marketplace, Inc. (CMI) in a manner that he sees fit in order to fill any vacancies on the CMI board. Confirmation of Board Membership Because of the recent resignations and the election of new board member-, there is a need for a clarification as to the identity of the present members of the board of directors and their remaining terms of office. The following is an accurate listing of the present members of the board of directors and their terms. By adopting these minutes the board is confirming the accuracy of this list. Name of Board Member Time Remaining on Board 1. Max Massac 1 year 2. Fred Seraphin 1 year 3. Serge Augustin 1 year 4. John Little 2 years 5. Gerard Jeanty 2 years -6. Roland Berthol 2 years 7. Rulx Cayard 2 years 8. Fred -St. Amand 3 years 9. Jean Lamour 3 years 10. Gerard Aquino 3 years 11. Anthony Emmanuel 3 years Proposed Amendment to Bylaws: Age Requirement for voting Members (for vote at the nest meeting) A proposal was made to amend Article V, Section 2 of the bylaws by adding a new subsection (e) that would require that "Voting Members" of the Corporation be at least 18 years of age. The proposed amendment was seconded. If adopted at the next meeting (in accordance with the procedures for amending bylaws as found in Article XII of the bylaws) the amended section would read as follows: ARTICLE V MEMBERSHIP Section 2 Voting Members (e) must be at least 18 years of age 109 F8 Proposed Amendment to Bylaws: ' Oath of Office Required for All Board Members (for vote at the next meeting) A proposal was made to amend the bylaws to require that all members of the board, and not just officers, be squired to take an oath of office. The procedures for amending bylaws as found in Article XII of the bylaws require that the proposed amendment be voted upon at the next board meeting. NAME OF BOARD KV14BER VOTES TAKEN AT MEETING Y=YES, N=NO, A=ABSTAIN F1 F#2 #3 #4 #5 #6 #7 #8 #9 1. Max E. Massac 2. Gerard Jeanty 3. Jean Lamour 4. John Little 5. Roland Berthold 6. Anthony Emmanuel 7. Serge Augustin 8. Fred Seraphin 9. Rulx Cayard 10. Fred St. Amand 11. Gerard Aquino 12. governor (vacant) y y y y y y y y y y y y y y y y y y y y y y y y y y a y y y y a y y y y y y y a y y y y y y y y Adjournment The meeting was adjourned at 9:45 p.m. CERTIFICATION OF SECRETARY I hereby certify that these minutes were adopted by the board of directors at a regular meeting, a quo0im being preoent- Af 109'78 BY-LAWS OF THE HAITIAN TASK FORCE,_ INC_ ARTICLE I NAME OF ORGANIZATION Section 1 The name of the Organization is the Haitian Task Force, Inc. ARTICLE II JURISDICTION Section 1 The Organization shall offer its services whenever or wherever a need exists for said services in any Haitian community in the St&te"of Florida. Section 2 The location of the Organization shall be as the Board of Directors may determine within the State of Florida. Section 3 The Organization shall be registered and act as authorized by the State of Florida Non -Profit Corporation Act. Section 4 Notwhithstanding any other provisions hereof, the Organization shall not conduct any activities not permitted to be conducted or carried on by an organization exempt under Section 501(c)(3) of the Internal Revenue Code and its regulations as they may now exist or may be amended hereafter, or by an organization contribution to which are deductible under Section 170(c)(2) of such code and regulations as they may now exist or hereafter be amended. ARTICLE III OBJECTIVES The Haitian Task Force, Inc. shall serve as a cohesive and.unifying force. The Organization intends to actively involve itself in the total spectrum of needs of the Haitian community through the following approaches: 1. Plan and implement programs to enhance the social and economic development of the Haitian community through the articulation of needs and interests, the development of economic and business initiatives and the delivery of technical assistance. 10978 2. Working together with existing community agencies, analyze ways to ameliorate the quality of services delivered. Cooperate with said agencies in order to identify necessary resources which will raise the standard of life within the Haitian communities. 3. Offer all interested agencies, organizations, corporations or individuals a responsive yet unbiased forum through which the entire Haitian community can be reached and from which responsible and representative feedback can be received. ARTICLE IV STRUCTURE OF THE ORGANIZATION Section 1 The structure of the Organization consist of: The membership which elects from among themselves the members of the Board of Directors as the governing body of the Organization, and delegates to the Board of Directors the necessary authority to govern in accordance with the By -Laws, rules regulations, constitution and policies. Section 2 The Organization shall consist of: a) Honorary Members b) Voting Members c) Officers of the Corporation d) The Board of Directors. ARTICLE V MEMBERSHIP •- section 1 Honorary Members a) Honorary Members are individuals who donate money, goods, or services to the Organization b) Honorary Members do not have the privilege to vote. 10978 I Section 2 Voting Members Voting Member can be any member of the community who: a) is recommended by two members in good standing b) has not missed more than three consecutive meetings without valid reason c) has attended a minimum of three meetings or special events of the Organization -- registered by the Secretary ...f the Organization. Section 3 Officers of the Corporation The Officers of the Corporation shall be: a) A Chairperson, Vice Chairperson, Secretary, Treasurer. They are elected for a period of one year. b) Officers shall be elected in April of each year by the Directors. They are chosen among the members of the Board of Directors. c) In the case of a vacancy, a voting member may be appointed by the Chairman until such vacancy is filled by special election. d) Only officers are authorized to sign contracts on behalf of the Organisation. Section 4 The Board of Directors a) Number of Directors The Board of Directors shall consist of eleven (11) members subject to change by amendment of the By -Laws. Any voting member in good standing is eligible to become a Director. 10978 11 b) Terms of Directors Initially, four (4) Directors are elected for 1 year, four (4) for 2 years, and three (3) for 3 years. Thereafter, each Director is elected for three (3) years. c) Responsibilities of the Hoard of Directors The Board of Directors of the Organization shall have the power., authority, responsibility, and duty to: 1) Establish the policies of the Organization; adopt rules and regulations necessary for the attain- --- -- ment of the purpose of the organiza- tion which are consistent with these By -Laws 3f-3S 2) Approve the organization Is. budget and raise the funds necessary to operate the Organization 3) Decide which delegate shall attend conventions or represent the organi- zation 4) Appoint and discharge the Executive Director of the Organization by a simple majority 5) Decide the date, time and place for General Membership meeting 6) Evaluate annually the Executive Director on his/her performance 7) Give formal approval to staff hiring and discharge 8) The Treasurer and Executive Director under the authority of the Board of Directors, shall be responsible for the care and custody of all financial matters of the corporation. 4 10978 d) Vacancies Except for in Article are filled ( 5 ) of the vacancies of V(3)(c), all according to By -Laws. Section 5 Election of Directors �k officers as stated other vacancies Article V, Section Members of the Board of Directors are elected by ------- the_general membership in the following manner: a) No later than thirty days before the scheduled election, the Chairman of the Board shall appoint an election committee consisting of a least 3 voting members b) No later than twenty days before.the scheduled election, the election committee shall inform by mail, all voting members of the date, time, place of the elections as well as the number of Directors to be elected c) Any voting member wishing to become a candidate for Director shall submit his/ her name to the election committee before the election. Nominations on the floor must be seconded and accepted by the nominee d) upon receiving a majority of vote, a candidate shall be declared the winner. If a tie exists between two candidates, a second ballot shall be taken . e) Proxy form prescribed by the election committee will be accepted f) All votes shall be by secret ballot. 10978 3,10 Section 6 Voting All votes, except for votes regarding routine decision options during meetings, shall be by secret ballot. Proxy votes are permitted. Section 7 Oath of Office Section S Section 9 Section 10 3-? All Officers shall be duly installed upon taking the following oath: "I (give name) hereby accept the office (name of office) of the Haitian Task Force, Inc. with full knowledge of the responsibilities and duties of such office. I promise to faithfully discharge my duties according to the By -Laws, Rules, Constitution and Policies of the Organisation. I further promise to give my successor in office all books and records in my possession. I shall at -all times endeavor to serve my Organisation to the best of my ability, so help me God". Quorum One half plus one of the Officers of the Board of Directors shall constitute a quorum for transaction of business during Board meetings. At any General Membership meeting, a minimum of 9 members present including one half plus one of the Officers of the Board shall constitute a quorum. There is a three dollar annual membership fee. Donations are allowed. Conflict of Interest Any voting member who has a special financial interest, direct or indirect, in any action by the Board shall make it known and shall refrain from voting upon or otherwise participating in such transaction. willful violation of this section shall constitute malfeasance and may result in removal of said person from office, and may render the transaction voidable by the Board. 6 3""? 10978 ,motion it Removal of Board Member Engagement in any activities detrimental to the Organization will be sufficient cause for removal from office, after investigation and hearing. The Board of Directors shall adopt such rules as it may, at its discretion, consider necessary for, the best interest of the Task Force for this hearing. Such rules shall not be in conflict with accepted procedures or as guided in Robert's Rules revised. Section 12 Indemnification Officers and voting members of the Corporation shall be indemnified by the Corporation against all expenses and liabilities, including counsel fees reasonably incurred by or imposed upon -him in connection with any proceeding to which he may be a party or in which he may become involved, by reason of his being or having been, an officer or a member of the Corporation, or any settlement thereof, whether or not he is an Officer or member at the time such expenses incurred, except in such cases wherein the Officer or Member is adjudged guilty of willful -misfeasance in the performance of his duties by the Board of Directors. Provided that in the event of a settlement the indemnification herein shall apply only when the Board of Directors approves such settlement and reimbursement as being for the best interest of the best interest of the Corporation. The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which such Director or Member may pe entitled. Section 13 Board Meeting Attendance If any Director shall be absent without excuse from three (3) consecutive meetings of the Board, he shall have forfeited his office. 3.f 10978�g' 39 faction 14 Vacancies Vacancies of Officers on the Board of Directors shall be filled temporarily by a Voting Member appointed by the Chairman of the Board and shall serve in that position until such time an election is set and an Officer is elected. ARTICLE VI OFFICERS OF THE BOARD OF DIRECTORS 1. Chairperson a) Carries out the policies and programs of the Organization and discharges such other duties as may be required by the policies of the Constitution of the Organization b) Represents and acts on behalf of the Organization in its activities c) Presides at all meetings of the Board of Directors and the General Membership d) Creates necessary committees and executes appropriate recommendation coming from such committees e) Is responsible for the implementation of tasks assigned to special committees f) Supervises all standing and special committees q) Countersigns all checks drawn on the Treasury of the Organization unless otherwise provided h) Upon satisfactory proof by the Treasurer, approves withdrawals from the Organization's account i) By virtue of his office, serves as member of all standing and special committees j) Serves as head of delegations to convention d 10578 k) Serves as a Member of the Board of Directors 1) Designates Members to serve as Sergeant - at -Arms at meetings of the Organization. 2. Vice Chairperson a) assists the Chairperson in fulfilling his responsibilities by handling assignments made by the latter b) Assumes all the responsibilities, duties and powers of the Chairperson in the event a vacancy occurs in that office, if the incumbent is incapacitated or is unable to discharge his duties and responsibilities. The Vice Chairperson shall fill. said vacancy temporarily, until such time that the Board fills such vacancy c) In the absence of the Chairperson and upon satisfactory proof by the Treasurer, approves withdrawals from the organization's account d) Serves as a Member of the Board of Directors. 3. Treasurer a) Receives and deposits all funds and acts as custodian of all assets of the Organization b) Receives dues and other funds raised by Members • c) Serves as Chairperson of the Economic Development and Finance Committee d) Disburses authorized payments for valid obligations of the Organization e) Makes withdrawals from the organization's account upon approval either by the Chairperson or the Vice Chairperson f0978 y0 f) !maintains necessary financial records q) Makes reports at regular meetings of the financial activities h) Assumes sole responsibility for the care and custody of all monies or securities of the Organization. 4. secretary a) Conducts the corresponderice of the Organization b) Notifies Officers of the Board of Directors of their election c) Notifies members of committees of their designation to serve on such committees d) Signs and issues membership card to new members and renewal cards to current members in good standing e) Notifies the Officers and Members of the Board of Directors of meetings of each respective body f) Notifies the General Membership of regular and/or special meetings of the Organization g) Acts as custodian of the records of the Organisation h) Amends the By -Laws in accordance with action. taken by the Organization i) Records the minutes of all general and special meetings of the Organization and of meetings of the Board of Directors j) Serves as a Member of the Board of Directors. q1to -e-,71 / 10978 RATICLE VII EXECUTIVE DIRECTOR 0 1. Implements and executes policies established by the Board of Directors 2. Submits to the Board for approval, proposals for funding and programs to be implemented or sponsored by the Organization 3. Administers the affairs of the Organization insures that monies granted and raised are disbursed according to strict accounting rules and in the best interests of the Organization 4. Attends regularly scheduled monthly meetings of the Board of Directors 5. Hires and discharges all administrative staff after approval of the Board of Directors 6. Prepares annual budgets reflecting revenues and expenditures for approval by the Board of Directors 7. Serves as liaison between the Board and other interested organizations S. Acts as the co -custodian with the Secretary of the Board of all corporate books, minutes and other properties of the Organization 9. Prepares a monthly newsletter 10.Performs related duties at the request of the board of Directors 11.Give a monthly financial and activity report to the Board of Directors. ARTICLE, VIII THE COMMITTEES 11 10978 y� Section 1 Zcecutive Committee The Executive Committee shall consist of the Chairperson, Vice Chairperson, Treasurer, Secretary. 1. The Chairperson of the Board shall serve as a chairperson of .the Executive Committee 2. It shall be the duty. -of the Executive Committee to conduct the routine business of the Organization and to submit written reports to the Organization subject to ratification 3. The Executive Committee shall review all matters received routinely, either directly or indirectly, and shall refer same to the proper committee, to the Secretary for inclusion on the agenda for the next regular meeting of the Board, or if the matter is of such nature to be handled by the Executive Committee routinely, such action should be taken and reported to the Board. Section 2 The following represent the standing committees of the Organization: Cultural, Education, Health and Sanitation Economic Development and Finance Information and Public Relations Legal Matters and Crime Prevention Housing and Labor Personnel Committee ' Section 3 Standing Committees 1. Economic Development, Finance, Housing and Labor Committee This committee shall: a) In conjunction with the Board, make such decisions that will promote the economic development of the community 1i3 12 __�3 10978 2 b) Review the fiscal status and management of the Organization; review, evaluate and make recommen- dations to the Board. Submit written reports to the Board of Directors for ratification or other actions. Identify available grants and fund raising methotds for the operation of the Organization c) Through the Housing component, identify problems within its juris- diction and make recommendations to the Beard regarding its findings and proposed approaches, to resolve said housing problems in the community d) Devise plans and methods to insure that training and greater job opportunities are made available to unemployed members of the community. 2. Cultural, Education, Health and Sanitation committee' $ This committee shall: a) Explore all avenues in order to stimulate more participation and endeavor to promote the creation of cultural activities with the goal of continuing Haitian cultural heritage and disseminate said culture to others b) Make available educational opportu- nities to fit the needs of various educational levels within the community c) Identify and make available health care delivery options and monitor the sanitary conditions to the community. 13 109'78 Z/L/ yS 3. Housing and Labor Committee This committee shall: a) Look into the housing problems within the community b) Promote employment opportunities within the community. 4. Legal Matters and Crime Prevention Committee This committee shall:-- - a) Look into allegations of injustices either brought to it by interested community :members, or those it opts to pursue on its own, in order to make adequate referrals to the appropriate legal representatives b) Make community members more aware of crime prevention techniques through education. Organize and involve community members into crime watch units. 5. Information and Public Relations Committee This committee shall: a) Act as liaison between various agencies and individuals within the Haitiancommunity and other agencies and organizations based in Miami or U.S., in order to facilitate solutions to the various problems that the Organization intends to resolve. G. Personnel Committee This committee shall review all applica- tions for employment with HTF and refer the best qualified applicants to the Executive Director for final hiring decision. 14 �S 10978 section 4 The Board of Directors, in its discretion, may appoint whatever additional committee's that it feels necessary at any time. ARTICLE IX MEETINGS Section 1 Annual Meetings The annual Membership meeting of the Organization shall be held in April each -and every year at a date and time to be determined by the Executive Committee. The Secretary shall be responsible for notifying the Members at least twenty (20) days prior to the meeting, telling the time and place of such annual meeting. Section 2 Regular Meetings Regular Hoard meetings of the Organization shall be held monthly, the day and.time of such meetings to be determined by the Board of Directors. Section 3 Emergency/Special Meetings 1. Emergency An emergency meeting may be called by any voting Member. Said Member must, however, notify the Chairperson who then must obtain the consensus of 2/3 of the Officers of the Corporation. The Secretary, upon notification of said procedure, shall attempt, depending on the element of time, to use any and all means of communication to relay that an emergency meeting has been called and explain to the membership the nature of the subject to be discussed.• 2. Special Meetings At the request of 2/3 of the Members of the Organization, the Chairperson of the Hoard shall cause a special meeting to be called, but such request must be made at least three (3) days before the requested scheduled date. No other business but that specified in the notice may be transacted at such meetings without the unanimous consent of all present at such meeting. #� u 10978 yb ARTICLE X REMOVAL FROM OFFICE Any officer found to be deficient in the discharge of the responsibilities of his duties by a majority of the Board of Directors may be asked to undergo a vote of confidence. Such vote shall be administered by secret ballot during a regular meeting. The results of which shall determine the removal or continuance of such Officer in that office. ARTICLE XI ELECTED OFFICER -- -"---The nominee, in any election, receiving the majority of the votes cast shall be declared elected. If no nominee has a majority on the first ballot, the vote shall be taken again, with the two (2) nominees having received the greatest number of votes on the first ballot as nominees on the second ballot. ARTICLE XII AMENDMENTS TO THE BY-LAWS After adoption, these By -Laws may be amended by the introduction of a proposed amendment at a Board meeting. A vote on the proposed amendment shall be taken at the next following Board meeting provided however that the Members be notified at least seven (7) days in advance of the meeting, of the text of the proposed amendment and that a vote is to be taken. A two-thirds (2/3) majority of the Members present is necessary for the adoption of the amendment. ARTICLE XIII EFFECTIVE DATES By -Laws 1. Upon adoption by the membership at the regular welting held, these By -Laws become effective immediately and supercede any or or all By -Laws, Rules and Regulations previously governing the Organization and the activities of the Organization. IF y7 10978 2. Notwithstanding any provisions of these By -Laws to the contrary, the terms of the Officers and the Members of the Board of Directors, as constituted under the previous constitution of the Organisation, shall not be terminated until the installation of Officers and Members of the Board of Directors elected in accordance with the provisions of these Bye -Laws, and, further, the Officers and Members of the Board of Directors serving under the previous Constitution of the Organization shall be vested with all the powers and responsibilities of the Officer of the Board of Directors pro- vided in these By -Laws until such time as their term of office expires. ARTICLE XIV PARLIAMENTARY PROCEDURES The rules contained in Robert's Rules of Order Revised shall govern the Board in all cases to which they are applicable and,in which they are not inconsistent with the By -Laws or the special rules of order of the Board. The By -Laws were adopted by the Haitian Task Force, Inc. Board of Directors on June 12, 1982 and subsequently amended. I, , do certify that the above By -Laws are the By -Laws of the Haitian Task Force, Inc. as amended to this 1989. AW: le� HAITIAN TASK FORCE, INC. 17 10978 Ve 617 5 6i7.0207 _ 1990 SUPPLEMENT TO FLORIDA ST TES 1989 s. 617.0302 he articles .eel, d an organjzaA the directorst orporation by ,d carrying on leeting; 1i n the articles, nal meeting at ,e organization shall complete this act to be organizational ,g if the action itten consents � each incorp .- ling the org notice the ed, stating e held in or s of a corpc directors. 1 ,claws or ad1 sd of direct A incorporat ny provision `fairs of the t articles of in( on provide :)rporation an emerg, icy bylaws ing the corl of the board Feting; and ;titute directorsi lefore or during id from time to ing such emer- corporation are ischarging that laws consistent ctive during the re not effective faith in accord- -! 9 (a) Binds the corp—cition; and lol May not be used to impose liability on a corpo- ,ate director, officer, employee, or agent. (5) An emergency exists for purposes of this section ,f a quorum of the corporation's directors cannot readily oe assembled because of some catastrophic event. N11O,y,—s 22, ch 90-179. .Nee.—Ettechve Jury 1. 1991 s17.021 Corporate powers. —[Repealed effective 1, 1991, by s. 128, ch. 90-179.1 617.022 Estoppel; ultra vires.—[Repealed effective ,_ly 1, 1991, by s. 128, ch. 90-179] 1617.023 Registered office and registered agent. — The provisions of ss. 607.0501 and 607.0502 apply to zorcorations not for profit. Nlstory.—s 10, Ch. 59-427: ss. 10, 35, ch. 69-106: s. 16. ch. 82-177: ss. 128, 175. -_ 79 'Note. —Repealed effective July 1, 1991, by s 128. ch. 90-179 . 617.026 Board of directors, managers, or trustees. Recealed effective July 1, 1991, by s. 128, ch. 90-179.] '617.028 Indemnification and liability of officers, directors, managers, trustees, employees, and agents. Except as provided in s. 617.0285, the provisions of ss. -307 0831 and 607.0850 apply to corporations not for orof t and rural electric cooperatives organized under hatter 425. Any reference to 'directors" in those sec- -.,ons trncludes the directors, managers, or trustees of a :.orporation not for profit or of a rural electric cooperative Drganized under chapter 425, provided that the term'di- -ectcr" as used in s. 607.0831 shall not include a director aopanted by the developer to the board of directors of a condominium association under chapter 718, a coop- erative association under chapter 719, or a time-share managing entity under chapter 721. Any reference to 'shareholders" in those sections includes members of a :orporation not for profit and members of a rural electric cooperative organized under chapter 425. Nistory.—s 18. ch. 82-177. s. 4, ch. 87-245: s. 1. ch. 88-403: ss. 128. 176, ch. 'Ntrte.—Repealed eflectrve Juty 1, 1991. by s 128, ch. 90-179 617.0285 Officers and directors of certain corpora- tions and associations not for profit; immunity from civil liability. —[Repealed effective July 1, 1991, by s. ' 28.:h. 90-179.] 617.03 Effect of certificate of incorporation.—[Re- �ealed effective July 1, 1991, by s. 128, ch. 90-179.] '617.0301 Purposes and application. —Corporations -nay oe organized under this act for any lawful purpose -,, purposes not for pecuniary profit and not specifically zroriiotted to corporations under other laws of this state. =uch purposes include, without limitation, charitable, 3enevolent, eleemosynary, educational, historical, civic, patriotic, political, religious, social, fraternal, literary, cul- %ural. athletic, scientific, agricultural, horticultural, animal - usbandry, and professional, commercial, industrial, or 'rade association purposes. If special provisions are -lade, by law, for the organization of designated classes of corporations not for profit, such corporations shall be formed under such provisions and not under this act. hamay.—s 23. ch 90-179 "Note.—Elfect" Juiy 1 1991 '617.0302 Corporate powers. —Every corporation not for profit organized under this act, unless otherwise provided in its articles of incorporation or bylaws, shall have power to: (1) Have succession by its corporate name for the period set forth to Its articles of incorporation. (2) Sue and be sued and appear and defend in all actions and proceedings in its corporate name to the same extent as a natural person. (3) Adopt, use, and alter a common corporate seal. However, such seal must always contain the words'cor- poration not for profit." (4) Elect or appoint such officers and agents as its affairs shall require and allow them reasonable compen- sation. (5) Adopt, change, amend, and repeal bylaws, not inconsistent with law or its articles of incorporation, for the administration of the affairs of the corporation and the exercise of its corporate powers. (6) Increase, by a vote of its members cast as the bylaws may direct, the number of its directors so that the number shall not be less than three but may be any number in excess thereof. (7) Make contracts and incur liabilities, borrow money at such rates of interest as the corporation may determine, issue its notes, bonds, and other obligations, and secure any of its obligations by mortgage and pledge of all or any of its property, franchises, or income. (8) Conduct its affairs, carry on its operations, and have offices and exercise the powers granted by this act in any state, territory, district, or possession of the United States or any foreign country. (9) Purchase, take, receive, lease, take by gift, devise, or bequest, or otherwise acquire, own, hold, improve, use, or otherwise deal in and with real or per- sonal property, or any interest therein, wherever situ- ated. (10) Acquire, enjoy, utilize, and dispose of patents, copyrights, and trademarks and any licenses and other rights or interests thereunder or therein. (11) Sell, convey, mortgage. pledge, lease, exchange, transfer, or otherwise d.spose of all or any part of its property and assets. (12) Purchase, take, receive, subscribe for, or other- wise acquire, own, hold, vote, use. employ, sell, mort- gage, lend, pledge, or otherwise dispose of and other- wise use and deal in and with, shares and other interests in, or obligations of, other domestic or foreign corpora- tions, whether for profit or not for crofit, associations, partnerships, or individuals, or direct or indirect obliga- tions of the United States, or of and other government, state, territory, governmental district, municipality, or of any instrumentality thereof. (13) Lend money for its corporate purposes, invest and reinvest its funds, and take anc hold real and per- sonal property as security for the oayment of funds loaned or invested except as prohibited by s. 617.0833. 1625 L ---- -- I - � - t i i Z/- F �i0978 4.204 Oir (14) Make donatiL. _ e p•Jblic welfare or for reli- gious, charitable, scientific, educational, or other similar purposes. (15) Have and exercise all powers necessary or con- venient to effect any or all of the purposes for which the corporation is organized. (16) Merge with other corporations both for profit and not for profit, domestic and foreign, if the surviving cor- poration is a corporation not for profit. Mbtay s. 24, ch 90-17.1. 'Notc—Effective July 1, 1991. '617.0303 Emergency powers.— (1) In anticipation of or during any emergency defined in subsection (5), the board of directors of a cor- poration may: (a) Modify lines of succession to accommodate the incapacity of any director, officer, employee, or agent: and (b) Relocate the principal office or designate altema- tive principal offices or regional offices or authorize the officers to do so. (2) During an emergency defined in subsection (5), unless emergency bylaws provide otherwise: (a) Notice of a meeting of the board of directors need be given only to those directors whom it is practi- cable to reach and may be given in any practicable man- ner, including by publication and radio; (b) One or more officers of the corporation present at a meeting of the board of directors may be deemed to be directors for the meeting, in order of rank and within the same rank in order of seniority, as necessary to achieve a quorum; and (c) The director or directors in attendance at a meet- ing, or any greater number affixed by the emergency bylaws, constitute a quorum. (3) Corporate action taken in good faith during an emergency under this section to further the ordinary affairs of the corporation: (a) Binds the corporation; and (b) May not be used to impose liability on a core& rate director, officer, employee, or agent. (4) An officer, director, or employee acting . n accordance with any emergency bylaws is only liable for willful misconduct. (5) An emergency exists for purposes of this section if a quorum of the corporation's directors cannot readaly be assembled because of some catastrophic event. (6) To the extent not inconsistent with any emer- gency bylaws so adopted, the bylaws of the corporation shall remain in effect during any emergency, and upon termination of the emergency, the emergency bylaws will cease to be operative. History.—s. 25. ch. 90-179. 'NOW. —Effective Jury 1, 1991. '617.0304 Ultra vires.— (1) Except as provided in subsection (2), the valiorty of corporate action, including, but not limited to, aqy conveyance, transfer, or encumbrance of real or per- sonal property to or by a corporation, may not be chal- lenged on the ground that the corporation lacks or lacked power to act. (2) A core,, , s power to act may be challeni (a) In a proceeding by a member against the cc ration to enjoin the act; (b) In a proceeding 1?y the corporation, dire derivatively, or through a receiver, trustee, or other] representative, or through members in a represent; suit, against an incumbent or former officer, emplc or agent of the corporation; or (c) In a proceeding by the Attorney General, as 1ded in th;s act, to dissolve the corporation or in a ceeding by the Attorney General to enjoin the corl ,ion from the transaction of unauthorized business (3) In a member's proceeding under parag (2)(a) to enjoin an unauthorized corporate act, the c may enjoin or set aside the act, if equitable and affected persons are parties to the proceeding, and award damages for loss (other than anticipated pri suffered by the corporation or another party becau enjoining the unauthorized act. M story.—s 25. ch. 90-179. Note.—Effer•.e July 1, 1991. '617.0401 Corporate name.— (1) A corporate name: (a) Must contain the word 'corporation' or 'im rated' or the abbreviation "corp.* or 'inc.' or worc abbreviations of like import in language, as wild indicate that it is a corporation instead of a natural, son, unincorporated association, or -partnership: name of the corporation may not contain the word' pang' or its abbreviation 'co.'; (b) May contain the word 'cooperative' or 'cc only if the resulting name is distinguishable fron name of any corporation, agricultural cooperative keting association, or nonprofit cooperative assod existing or doing business in this state under ch 607, chapter 618, or chapter 619; (c) May not contain language stating or im; that the corporation is organized for a purpose than that permitted in this act and its articles of inc ration; (d) May not contain language stating or im; that the corporation is connected with a state or fe government agency or a corporation chartered i the laws of the United States; and (e) Must be distinguishable from the namesi other entities or filings organized, registers reserved under the laws of this state, which nariv on file with the Division of Corporations. ;.j (2) Any corporation eligible to reincorporate un 617.0901, may do so and retain its corporate rW Mb".—s 27 ch. 90-179. 'Nea.—Effie-• t Juy 1. 1991. '617.0402 Reserved name.— (1) A person may reserve the exclusive use of porate name, including a fictitious name for a Ill corporation the corporate name to which is not able, by delivering an application to the Departm State for filing. The application must set forth the and address of the applicant and the name propO be reserved. If the Department of State finds th corporate name applied for is available, it shall ri the name for the exclusive use of the applicant for renewable 12D-day period. J. 1626 109'78 50 5/ t ►1tT1CLLS OF 1NCOIWORAT I.u, • CIIARTER ANU CUNST1TUTIUN OF THI: _ IIAI'T1AN TASK I'0J , I :,(' , ni<TICLE I ED: s The name of this corporation shall hc: IIA I T 1 AN TANK FORCE, , INC. ARTICI.i II - 1'1111110SE•' The 11aitia11 Task Force, Inc. is or(I"inized to t1,, 1 ow i !ly To provide a non-profit educational charitable and benevolent organiza- tion to assist in analyzing and re- solving community problems and issues related to employment, education and skills development, housing, health, econumic development, immit.Iratiu,,, crime and social services. AI%TICLE 111 - 012GAN1ZATION 1. The affairs and administration of the orc;anizatir-i,, :.:I i 1..! undor the direction of Jie Miard (of Di rectors w1w) 1 I :. , k , - wine .u,J cuorditiat:! policy, public rclal.iulis, cduc:;,Lioc..:l alad c:ulLur.:11 programs; receive and disburse: fundz,; .,,;,.r ••;. maintain member::l,ih records and whatever ols#. is nt.:c4r•s:;31-v ouL the purpose of this charter. 2. Representation of the Hoard of Directors shall I,e upon membership election. 3. The term of office of directors shall be for nne un- Lit their successors have been elected commenciluI Sept.umLcr 15, 109 8 1982, and each year thereafter. if vac.►rtcies oc.:ur durinq t lie course of a }'ear, tho utembershi 11 sh.►l 1 e I0Ct PQr:,►,n (s) to f I. I 1 Lhc v.►c,%r1c i cs tuft ii L11u 11"t civcticln . 4. Upon the examinstio-i of this charter by it:; sub5cr.l.cr::, tl.e following cemporary Bc,arcl of Di rector!; :.hal 1 take of i i d hoard of Directors horcirlafter named and herctoforu .ict,jve ., t!:1- board of Directors of the HAITIAN TASK FORCE, INC.: BOARD OF DIRECTORS 6 OFFICERS & SUBSCRTIA',RS SERGE AUGUSTIN 10421 S.W. 143rd Avenue Cha i t porsnn. Miami, Florida 33176 lcOHERT Allcat;IT", M.D. 4588 N.L. 2nd Avor,ue Fi r:,t V ! <<. Miami, F lorie...r 33131 �'1:.::.: • ..'�,•• CERTO JLAN-GILLI;S 5955 N.E. 4th Court Mianri , I'lorida 33137 Cha i r:tc rsc,ri YVuN ST. ALBIN 2920 N.W. 135th Street, �::�►" ,t Apt. 13 Opa Locka, Florida 330S4 Jc'►CKLSTA MEGIL 600 N.E. 651.11 Stret•L, Apt. p(, ► , r Pliami, Florida 33138 AXLL JEAN PIERRE 511 N.W. 195th Terrace Miar.ri, Florida 33169 JACGUES DL:S111NUSSE 550 N.W. 77th 5truL-L . Miami, Flurid., 331:3 _ ARTICLE IV - NON-PROFIT STATUS No member, director, ewpioyee, or otlror person:; coral•_ cr .:i with this corporation, or any other private individual, shill Luccive at any time, any revenue from the operation of the corporation, provide that this provision shall not prevent to any such person reasonable compensation for services rendered to or for the corpurati•:. :n ef- fecting any of its purposes. Also, no such person or perscin-, shall 10978 J5)` -2- J)o onLllIod to :;ll.11I• i11 illt! (11:;11il,tlLi-11 c)1, ur 1•l'l,•1V4' corporate assets on dissoluLiolt Of the corporation. All l il,oi hers- .of the corporation shall be deen►ed to have expressly con:;�l►t,•( and agreed that in such dissolution or winding 111) Of the i I i a i r of the corporation, after all the debts have been sstisfi.e.J., all rL:muininy assets in the hands of the bk,,lyd of Director:; :;it., I 1 1 distributed as required by this provision and nut otherki!;.•. ARTICLE V - INUEMNITY Every director and every officer and the executive 4>f Oita c►,rpordtiun shall be indemnified uy the cutl,„t.►Llmi �•� � � r►:.t_ all . \ponses ai►d liabilities, including counsel fees, to .►_ �.,►.il:� � incurred by or imposed upon him in connection with a•ty prt,credina to which he may be d party, or in which he may ijQcom(. inv• • t . d , ley reason of his being or haviu,.i been a director or of f leer �.► >>- t iVC: director of 1lic curpor.atltill, ur" Ally i;uLl "A.•.t`.. c., not he is s director of uificer or executive dir..ct;:r r such expenses are incurred, except in such .caaes wh••t—i:l ; c -r, .,r officer or executive director is adjudged liablo !nt- %-:i ftt.t::.ttlt:�• Ur ltiaillea-.;.in(_-e in the 1•<;rfutnt.tilc of hi'.: ;1tL!•:= that in the event of a settlement the indemni ficatiori ll..r•_ 1.. i...' al•f,ly only when the Board of Directors approves su.-h -a.c 1 • nt .11-i roinlbursement as !ring in the blast interests of the c•,rr•ur.,tit.n Tl right of indemnification shall be in addition to and not L.xclt17•ivc of all other rights to.which such director or officer or executive director may be entitled. The director or officer or executi.vt: di- rector will noc be personally liable for the debts, liabilities-, or other obligatic-is of the corporation. 109�v t 15f ARTICLE VI - ELECTIONS Tht:� officers of this org3i► i.tat ion shall be el,_c*ed by t h. cleneral membership at the annual meeting. AIMCI.E VII - POWERS Said corporation is to have the power to do any and .ri I t 1i in•;:: necessary for carrying out these said objectives and l)url)c,:.: oI t_t« corporation and in general, to possess all rights, privile-;L .. and immunities, and enjoy all benefits granted to corporations +-f t�imi- lar character under the laws of the State of Florida. ARTICLE VIII - AMENDMENTS ' hir. charter ntay be amended as follows: Two third:. (_", j) (.t tlx.: Board of Directors of the IIAITIA14 TASK FORCE, INC., ..r Ly I 1.1 t - t ioll Of .it leru5t tw(.1nty-five: (25) memlx:rs to that of ft:,-t o.. �• . Clit...•rilla) to tho charter. ,ln}- proposed amendment s11all be submitted b;; tli� f;c:� r.! _ - rvct,,i s to the entire mdlnbership in good :standing al. 1�., .r • r . r . . (30) days prior to the: deadline for casting of all t,.►llc.t:::. vote shall be by writte.•n bal lot . Al I amvndnw:nt:. mu>:t I �r . . two tisirds (2/3) of the: mermbarship in good standin.t. ARTICLE IX - Lief-I.11WS The initial By -Laws of this corporation shall be torniuLuLed by the Board of Directors of the HAITIAN TASK FORCE, INC.- The yeneral membership may alter or rescind these By -Laws as pruvided therein. -a- 10978 Sv, ARTICLE X - PERIP TUAL EXIST-.,4CL 'l�hlti c'l)t'1k)t�t� tUII ahilll tldt',` 1�(`r'j�l'tll.il l_'til:.t�•Ilt:l'. i;. t � ARTICLE Xt - M1:MUL''1(:;1111) Membership in this organization shall be open to all ir.•' ;i- duals who support the purpose of the !HAITIAN TASK FCI:(:E, U.,:. , of Florida, who have attended a total of three: (3) general or special events of the organization, who pay a member, ---hip ft:u in the amount of three to five W .00 to $5.00) dollars per year and who are sponsore,1 by two members or more of the HAITIAN TASK F'c1RC):, ] NC. ARTICLE XIII - ADDRESS The initial post office of this corporation shall by HAITIAN TASK FORCE, INC. P. O. Box 510216 Miami, Florida WE ' 11L' UNiit::NICNL•'D, hein.l the cat i(linal c:urporatiun not for profit formed to do buainetis butts kit',ti:• .t).•i Without tttc State of Florida, do hexuLy make, sutsc rsbc, -w• c►„,:- led.-)a: and file this e:e•rti ficateJ, hart --by declat'lnq and Cert A . i).; that the facts lm:rein stated are true and correct, and sc.,l '.I.• cvrtifieate this 2nd day of June, 19d2. SERGE G STIN AV WZ ERT AUGUSTIr' 41 a.- CERTO JEAN- ILLES 56 U ziL /_ ' . r 10978 I SPATE 01' FLORIUA ) LCUNTY OF DAUL ) BE IT REMEMBERED that on this 2nd day of June, 1982, t!,,- fol lowing named persons personally appeared before uw : 5 L:1tCE AUCUS'1' I N 120DE Irr AUGU STE , M.D. CERTO JEAN-GILLI::S YVON ST. ALBIN JOCKESTA MEGIE AXiL JEAN PIERRE JACQUES DESPINOSSE the I>.trL'LQs named in the foregoing Articles of incorpCrzt i. it, k.11OW11 w u►u per:;otially to be such, and acknowlc-dcle said c, r:- f i cater vo be the free and voluntary act add deed of them a,,,, Lh.it. t.i1t facts stated therein are truly set forth. W1114LES MY HAND and official seal AL Miami, D.ttiv C4'.!i11 •., ter► this 2nd day* of Jung, 1982. POTAI,1 PUBLIC-JTI.?E "'F'!i' Ms Cummi ;lion Expires: N:,wry pUW . , Sao o/ AwWs at 1.aMe Mt, Conte Eq*as Jww 16• 190 tknCW dims MW wd PJaa' ** Attw►cy i �.0978 547 STATE DEPARTMENT OF .� -cc 2740�-C-ENT%bRVIEW DRIVE • C (V LAWTQt4 CHILES GovernoP ql-►a !?—aQ, NE Q Avg OF FLORIDA COMMUNITY AFFAIRS TALLAHASSEE, FLORIDA 32399-2100 C" February 18, 1992 L rn -r The Honorable Xavier L. Suarez Mayor, City of Miami Miami City Hall Post Office Box 330708 Miami, Florida 33233-0708 Dear Mayor Suarez: WILLIAM E. SADOWSKI Secretary The Department has completed its review of the proposed comprehensive plan amendment DCA No. 92S4, (Miami Amendment No. 91-12) for the City of Miami which was submitted on November 27, 1991. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. The Department has reviewed the proposed amendments for consistency with Rule 9J-5, Florida Administrative Code, Chapter 163, Part II, Florida Statutes, and the adopted City of Miami Comprehensive Plan. The Department raises no objections to the proposed amendment, and this letter serves as our Objections, Recommendations and Comment Report. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J-11.010, Florida Administrative Code. Upon receipt of this letter, the City of Miami has 60 days in which to adopt, adopt with changes, or determine that the City of Miami will not adopt the proposed amendments. The process for adoption of local comprehensive plan amendments is outlined in s.163.3184, Florida Statutes, and Rule 9J-11.011, Florida Administrative Code. Within five working days of the date of adoption, the City of Miami must submit the following to the Department: Five copies of the adopted comprehensive plan amendment; A copy of additional changes not previously reviewed; 19978 EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT The Honorable Xavier L. Suarez February 18, 1992 Page Two A copy of the adopted ordinance(s); and A listing of findings by the local governing body, if any, which were not included in the ordinance. The above amendment and documentation are required for the Department to conduct the compliance review, make a compliance determination and issue the appropriate notice of intent. As a deviation from the requirement above, you are requested to provide one of the five copies of the adopted amendment directly to the Executive Director of the South Florida Regional Planning Council. The regional planning councils have been asked to review adopted amendment(s) to determine local comprehensive plan compliance with the Comprehensive Regional Policy Plan. Your cooperation in this matter is appreciated., If you have any questions, please contact Maria Abadal, Plan Review Administrator, Paul F. Noll, Community Program Administrator, or me at (904) 487-4545. Sincerely, g'l' / /' 2. - "a, Robert Pennock, Bureau of Local RP/ rm Enclosures: External Agency Comments cc: Mr. Sergio Rodriguez, Assistant City Manager Ms. Carolyn Dekle, Executive Director; South Regional Planning Council s9 Chief Planning c./ Florida 109'78 SP FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF HISTORICAL RESOURCES R.A. Gray Building 500 South Bronough Tallahassee, Florida 32399-0250 Director's Office Telecopier Number (FAX) (904)488-1480 (904)488-3353 Mr. Robert Arredondo December 16, 1991 Dept. of Comm. Affrs. Bureau of Local Planning 2740 Centerview Dr. Tallahassee, FL 32399 Re: Historic Preservation Review of the City of Miami's (92S4) Comprehensive Plan Amendment Request Dear Mr. Arredondo: According to this agency's responsibilities under section 267.061, Florida Statutes, and the provisions of sections 163.3177 and 163.3178, Florida Statutes, and Chapter 9J-5, Florida Administrative Code; we have reviewed this proposed amendment to the City of Miami Comprehensive Plan regarding land use changes to see if data regarding historic resources have been given sufficient consideration. The proposed change in land use designation of a property at 5918-5922 N.E 2nd Ave., in the Edision-Little River Planning District, from medium density multifamily residential to restricted commercial needs to be checked to see if this property falls within an archaeological sensitivity zone. As for standing historic structures, our review of the Florida Site File and the Metro -Dade Historic Survey map revealed no historic buildings on this parcel. In sum, it is opinion of this agency that the amended comprehensive plan meets the concerns of the Division of Historical Resources and the State of Florida's requirements as promulgated in Chapters 163.3177 and 163.3178, F.S., and Chapter 9J-5, F.A.C. 10978 Ar4aonlnoiral Rpcn rrl% nl ;,ia Prno.+. 14 -4 - _ _r r _ ri ._ Page Two Mr. Robert Arredondo December 16, 1991 If you have any questions regarding our comments, please feel free to contact Michael Wisenbaker or Laura Kammerer of the Division's Compliance Review staff at (904) 487-2333. Sincerely, George W. Percy, Director Div. of Historical Resources 1 �3 10978 South Florida Regional Planning (,ouncil January 8,1992 William E. Sadowski, Secretary Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 3?399 Dear Secretary Sadowski: The South Florida Regional Planning Council has completed its review of the attached proposed local government comprehensive plan amendments. Consistency was determined by ensuring local plan amendments are compatible with and further the Regional Plan for South Florida. This review was undertaken pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes. The local government comprehensive plan amendments reviewed are from the following communities: • Dade County • City of ?-Uami q - S `} • Gty of North Miami Beach This report constitutes official Council action taken at the January 6, 1992 meeting of the South Florida Regional Planning Council. Staff will continue to work with the Department, local governments and other reviewing agencies through the remainder of the review process and final adoption. In some cases reviewing agencies comments were not available at the time staff reports were prepared. Staff will make every effort to assist in resolving issues of concern which remain outstanding. Thank you for your continued support during this process. If you have any questions please call. Sincerely, - I D Carolyn A. De Executive Director CAD/kc v Enclosures - C1 1� cc: Robert Pennock 1 61 10978 3440 Hollywood Boulevard. Suite #140, Hollywood, Florida 33021 611 Broward (305) 961-2999, Dade (305) 620-4266, FAX ;305) 961-0322 South Florida Regional Planning Council MEMORANDUM Date: JANUARY 6,1992 To: COUNCIL MEMBERS From: STAFF AGENDA ITEM #9b Subject: CITY OF MIAMI COMPREHENSIVE PLAN AMENDMENT REVIEW Introduction On December 4, and December 9,1991, staff received the proposed comprehensive plan amendments Nos. 91-11 (DCA No. 92-S3) and 91-12 (DCA No. 92-S4) respectively for the City of Miami, as transmitted from the Florida Department of Community Affairs (DCA), for review of consistency with the Regional Plan for South Florida. Staff review is undertaken pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes, and Rules 9J-5 and 9J-11, Florida Administrative Code. Summary of Staff Analysis Both amendments propose changes to the future land use map. Amendment No. 92-11 proposes to change an area of 0.94 acres from "High Density Multi -family Residential" to "Restricted Commercial". Amendment No. 92-12 proposes to change an area of 0.49 acres from "Medium Density Multi -family Residential" to 'Restricted Commercial". Detailed contents of the amendments are described in Attachment 1. Both amendments qualify as proposed small scale development activities pursuant to subsection 163.3187(1)(c), Florida Statutes. Because of the scale and nature of these amendments, staff finds that both amendments will not generate significant adverse regional impacts. Staff will continue to work with local governments, the Department of Community Affairs, and other review agencies during the remainder of the amendment review process. Recommendation Find the proposed comprehensive plan amendments Nos. 91-11 (DCA No. 92-S3) and 91-12 (DCA No. 92-S4) for the City of Miami generally consistent with the Regional Plan for South Florida. Approve this summary for transmittal to the Department of Community Affairs. 3440 Hollywood Boulevard, Suite t1140, Hollywood, Florida 33021 Broward (305) 961-2999, Dade (305) 620-4266. FAX (305) 961-0322 / Attachment 1 CITY OF MI&MI PROPOSED COMPREHENSIVE PLAN AMENDMENTS RELATED TO SMALL SCALE DEVELOPMENT ACTIVITIES Amendment Date Received Number by Council Contents of Amendments No. 91-11 12/4/91 Amendment to an area of 0.94 acres in the future land use map from "High Density Muld-family Residential" to "Restricted Commercial". The affected area comprises six lots at approximately 351 NW 5th Street on the south half of the block bounded by NW 5th and 6th Street,,and between NW 4th Avenue and 3rd Court, in the Southeast Overtown/Parkwest Planning District. A ,YMCA facility is proposed to be built on the subject site. , No. 91-12 1V9/91 Amendment to an area of 0.49 acres in the future land use map from "Medium Density Multi -family Residential" to "Restricted Commercial". The affected area which is located at approximately 5930 NE Znd Avenue, comprises a lot on the center of the block bounded by NE 59th and 60th Street and between NE 2nd and 1st Avenue, in the Edison -Little River Pknning District This parcel is intended to be used as a parldng lot for the expanded and renovated Caribbean Marketplace across the Street on NE 2nd Avenue. 109'78 63 FLORID uwron CHILES GOWMON DEPARTMENT OF TRANSPORTATION OFF G. WATT% Sf CIU TART District Six Office of Planning and Programs 602 South Miami Avenue Miami, Florida 33130 (305) 377-5910 (sc) 452-5910 December 20, 1991 Mr. Robert Pennock rat", , 9- Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Dear Mr. Pennock: We have received from your office the City of Miami comprehensive plan amendments (ref.,# 92S3 & 92S4) which were forwarded to our office on Dec. 5, and Dec. 9, 1991. The proposed amendments are small scale development amendments and' consist of changes in land use designation for 0.94 and 0.49 acre parcels. The Department has reviewed the comprehensive plan amendments and has no objections, recommendations or comments. Please contact Phil Steinmiller, at the phone number above, if you have any questions concerning our response. Sincerely, Servando M. Pdrapar, P.E. District Director of Planning and programs cc: Director, Office of Policy Planning 6y ��' • �' South Florida Water Management District 3301 Gun Club Road • P.O. Box 24680 0 West Palm Beach, FL 33416-46M • (407) 686.8800 • FL WATS 1.806-432.2045 GOV 08-06 January 13, 1992 Mr. Robert Arredondo Bureau of Local Planning Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 Dear Mr. Arredondo: Subject: Proposed Comprehensive Plan Amendment for the City of Miami - 92S4. Staff has reviewed the subject document and we have no water resource related comments. Please call us if you have any questions or require more information. Sin erely, Patricia Walker Assistant Director Comprehensive Planning Division Planning Department PW/PK/ng c: Bob Nave, DCA City of Miami SFRPC Julio Fanjul, SFWMD LS . ' Governing B(mrd Allan Milledise. Chairman - Miami Valerie Boxd. Vice Chairman • Naples 10978 James E.'loll • Fort Lauderdale Leah G Schad West Palm Beach Tiltord C Creel. Execumc Director Annie Betanenurt • Miami Frank Williamson. Jr - Okeechobee ThomasK Mac4'icar.Ikput) Executivcl)irccit�r r:,Liono 14 PI,. OE EN�IRMEgI � 4 Florida Department of Environmental Regulation Twin Towers Office Bldg. • 2600 Blair Stone Road • Tallahassee, Florida 32399-2400 Law•tan Chiles, Governor Carol Ni Browner, Secrean i I R��uUi�� • . t G L.•v � : �' i'v Robert Arredondo Community Program Administrator Bureau of Local Planning Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 Re: City. of Miami Plan Amendment # 9254 Dear Mr. Arredondo: January 14,`1992 s The proposed amendments were reviewed in_accordance with the provisions of Chapter 163, Part II, Florida Statutes, and Chapter 9J-5, Florida Administrative Code. We have no comments concerning these proposed amendments. If you have any questions regarding this response please contact me at 487-2498. Sincerely, 'ban Penning n Planning Manager Office of Planning & Research 1O9"78 RtgclM �1 Aop�r 6L STATE OF FLORIDA DEPARTMENT OF COMMUNITY BUFZ=.0 0; LOCAL RESOURCE PLANNING AFFAIRS 2 7 4 0 C E N T E R V I E W D R I V E T A L L A H A S S E E, f L O R I D A 3 2 3 9 9- 2 1 0 0 LAWTON CHILES Governor January 2, 1992 WILLIAM E. SADOWSKI Secretary 0 M E M O R A N D U M TO: Robert Arredondo Division of Resource Planning and Management FROM: Rod WestalA Division of Emergency Management SUBJECT: Proposed Comprehensive Plan Amendment Review The Division of Emergency Management has completed its review of the proposed comprehensive plan amendment for the City of Miami (Reference Number 92-12). We have no objections, recommendations, or comments related to 9J-5.012: Coastal Management. If you should have any questions, please call Michael McDonald at 487-4915. RW:mmm tc EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT Lawton Chiles Gmernor O I Jim Smith I J FLORIDA DEPARTMENT OF NATURAL RESOURCES Smote Bob Butterworth Z 77- 7�� � � Mujory Stoneman Douala Building Attorne.s General Ini 3W Commonwealth Boulevard Gerald Lewis Tan Gard et Exam Ve 101; r Tallahassee, Florida 32399 star Comptroller 1991 � Tom Gallagher DEC is State Treasurer Bob Crawford Commissioner of Agriculture BUREAU OF LOCAL' Rem Castor RESOURCE PLANNINGDecember 10, 1991 Comminioner of Education Mr. Robert Arredondo Department of Community Affairs Bureau of Local Planning 2740 Centerview Drive Tallahassee, Florida 32399-2100 Dear Mr. Arredondo: Staff of the Department of Natural Resources have reviewed the proposed comprehensive plan amendment, reference number 92S4, for the City of Miami and have no comments. Sin erely, on ",E. Duden Assistant Executive Director DED/mpp Administration Beaches and Shores Law Enforwment Marine Resources Recreation and Parks Resource Management State Lands MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is the Super- visor of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 10978 x x x in the ......................................... Court, was published in said newspaper In the Issues of (SEE ATTACMD) May 7, 1992 Afflanl further says that the said Miami Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously publlshed In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami in said Dade County, Florida, for a period of one year next proceding the first publication of the attached copy of advertisement; and affiant further says that she has no Id nor promised any person,,Arm or corporation an oun rebate, commission or ref dAor the pu se o ng t Is advertisement for ou a in the sa De Swoto bed'$)efors me this s • . 7�. day of ... .. f A.D. 19..92.. OF ICIAL NOTARY SEAV (SEAL) CRISTINA 10MU40 MY COIM. EXP. 4/S/" Octelms V. Ferbeyre personally known to me. CITY OF MIAMI, FLORIDA LEGAL NOTICE All interested persons will take notice that on the 30th day of April, 1992, the City Commission of Miami, Florida, adopted the following titled ordinances: ORDINANCE NO.10969 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989.2000, FOR THE PROPERTY LOCATED AT APPROXI- MATELY 351 NORTHWEST 5TH STREET, MIAMI, FLOR- IDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION OF THE SUB- JECT PROPERTY FROM HIGH DENSITY MULTI -FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABIL- ITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 10970 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-4 MULTI -FAMILY HIGH DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT 351 NORTHWEST 5 STREET, MIAMI, FLOR- IDA (MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 36 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.10971 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO, 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989.2000, FOR THE PROPERTY LOCATED AT APPROXI- MATELY 4370-4650 NORTHWEST 7TH STREET, (SOUTH SIDE ONLY), MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION OF THE SUBJECT PROPERTY FROM MEDIUM -DENSITY MULTI -FAMILY RESIDENTIAL TO OFFICE; BY MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 10972 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED AT APPROXIMATELY 43704650 NORTHWEST 7TH STREET, (SOUTH SIDE ONLY), MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), FORM 8-3 MEDIUM -DENSITY MULTI -FAMILY RESIDENTIAL TO 0-OFFICE; BY MAKING FINDINGS; BY MAKING ALL NECESSARY CHANGES ON PAGE NO. 32 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO.10973 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989.2000, FOR THE PROPERTY LOCATED AT APPROXI-MATELY 2947.2949 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION OF THE SUBJECT PROPERTY FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES: CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE: AND PROVING FOR AN EFFECTIVE DATE. ORDINANCE NO. 10974 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED COM- MERCIAL FOR THE PROPERTY LOCATED AT 2947.49 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO, 42. OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10975 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO FAMILY RESIDENTIAL TO R-2 TWO FAMILY RESI- DENTIAL WITH AN SD.12 SPECIAL BUFFER OVERLAY DISTRICT, FOR THE PROPERTY LOCATED AT 2340 SOUTHWEST 32ND AVENUE, 3224 AND 3232 SOUTHWEST 23RD STREET, 3217 AND 3219-3221 SOUTHWEST 23RD TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE NEC- ESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.10976 AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 110W, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ZONING DISTRICTS, SECTION 401, SCHEDULE OF DIS. TRICT REGULATIONS TO ADD, CLARIFY, OR DELETE CERTAIN USES IN SEVERAL DISTRICTS, TO AMEND SET. BACK REQUIREMENTS, MINIMUM LOT WIDTHS AND MINIMUM LOT SIZES FOR THE INDUSTRIAL DISTRICT, AND PARKING REGULATIONS FOR LODGINGS; ARTICLE 9, SECTION 906.9 TO CORRECT A TYPOGRAPHICAL ERROR; SECTION 908.8.1 TO ALLOW BARBED. WIRE ALONG TOPS OF FENCES WITH A CLASS'11 SPECIAL PERMIT; SECTION 908.9 TO ADD WIDTH REQUIREMENTS AND LIMITATIONS FOR WATERFRONT YARD AREAS; SECTION 915.3 TO ADD HEIGHT REQUIREMENT FOR BROADCASTING TOWERS; SECTION 917.1 TO PROHIBIT VEHICULAR ACCESS FOR NONRESIDENTIAL USES THROUGH RESIDENTIAL PROPERTIES; SECTION 925.3.9 TO ADD PROVISION FOR BALLOON SIGNS ASSOCIATED WITH SPECIAL EVENTS; ARTICLE 13, SECTIONS 1361.2, 1304.2 AND 1305 TO CLARIFY VAGUE LANGUAGE; ARTI- CLE 17, SECTION 1701 TO CLARIFY CRITERIA FOR A PHASED MAJOR USE SPECIAL PERMIT; SECTION 1702.3 TO CLARIFY VAGUE LANGUAGE; ARTICLE 25, SECTION 2502 TO ADD DEFINITIONS FOR AUTO CARE SERVICE CENTERS, BANQUET HALLS, PHASED PROJECTS, AND VETERINARY CLINICS; AND TO CLARIFY DEFINITIONS FOR ANIMAL CLINICS, LOTS, AND YARDS, OTHER YARDS ADJACENT TO STREETS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.10977 AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, ZONING DISTRICTS, SECTION 601, DS-1 MARTIN LUTHER KING BOULEVARD COMMERCIAL DISTRICT, TO ADD REFERENCES TO C-1; SECTION 605, DS-5 BRICKELL AVENUE AREA OFFICE -RESIDENTIAL DISTRICT, SUBSECTION W5.1, TO CLARIFY THE INTENT STATEMENT, SUBSECTION 605.3, TO CLARIFY LAN- GUAGE, SUBSECTION 605.4, TO ADD AND CLARIFY PERMITTED AND CONDITIONAL PRINCIPAL USES AND REQUIREMENTS, SUBSECTION 605.5, ACCESSORY USES AND STRUCTURES, TO CLARIFY LANGUAGE, SUBSEC- TION 605.8., TO DELETE REFERENCES TO URBAN PLAZAS AND CLARIFY LANGUAGE; SECTION 606, SD-6 AND SD-6.1 CENTRAL COMMERCIAL RESIDENTIAL DIS- TRICTS, SUBSECTION 606.1, INTENT TO CLARIFY LAW GUAGE, SUBSECTION 6W.7., FLOOR AREA LIMITATIONS, TO CLARIFY LANGUAGE, SUBSECTION 606.8., TO CLAR- IFY LANGUAGE REGARDING OPEN SPACE REQUIRE- MENTS; SECTION 607, SO-7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL RESIDENTIAL DISTRICT, SUBSECTION 607.01, INTENT, TO CLARIFY LANGUAGE, SUBSECTION 607.3 TO CLARIFY LANGUAGE, SUBSEC. TION W7.4., TO ADD, CLARIFY AND DELETE USES SPE- CIFIC USES, SUBSECTION 607.8.3., TO DELETE REFERENCES TO URBAN PLAZAS AND CLARIFY SPE- CIAL REQUIREMENTS FOR THEATERS; SECTION 613, SD-13 S.W. 27TH AVENUE GATEWAY DISTRICT, NEW SUB- SECTION 613.5., TO ADD PERMITTED AND CONDITIONAL ACCESSORY USES AS FOR R-1; SECTION 614, SD-13 S.W. - 27TH AVENUE GATEWAY DISTRICT. NEW SUBSECTION 613.5., TO ADD PERMITTED AND CONDITIONAL ACCES- SORY USES AS FOR R-1; SECTION 614, SD-14, 14.1, 14.2: LATIN QUARTER COMMERCIAL -RESIDENTIAL AND RES- IDENTIAL DISTRICTS, SUBSECTION 614.3.2, TO DELETE VAGUE LANGUAGE AND SUBSECTION 614.3.8., TO ADD PROVISIONS FOR GROUND OR FREE STANDING GAS STATION SIGNS; SECTION 616, SD-16, 16.1, 16.2: SOUTH- EAST OVERTOWN-PARK WEST COMMERCIAL - RESIDENTIAL DISTRICTS, TO ADD CHILD AND ADULT DAYCARE CENTERS; AND SECTION 618, SD-18: MINIMUM LOT SIZE DISTRICT, TO CLARIFY NAME AND OVERLAY STATUS OF DISTRICT. ORDINANCE NO.10078 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE PROPERTY BEHIND APPROXI. MATELY 5918.5922 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA-(MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION OF THE SUBJECT PROPERTY FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.10979 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R3 MUTLI-FAMILY RESIDENTIAL TO C-1 RESTRICTED COM- MERCIAL, FOR THE PROPERTY LOCATED AT 5918.22 NORTHEAST 2 AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 13 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.10980 AN EMERGENCY ORDINANCE AMENDING SECTION 62.61, ENTITLED "SCHEDULE OF FEES", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ADD A MAXIMUM FEE FOR THE RESUBMITTAL OF APPLICATIONS FOR VACATION OF PUBLIC RIGHT-OF- WAY, AND TO DELETE THE PROVISION LIMITING THE MAXIMUM FEE TO BE CHARGED ANY GOVERNMENTAL AGENCY OTHER THAN THE CITY OF MIAMI FOR ANY PUBLIC HEARING; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.10981 AN EMERGENCY ORDINANCE AMENDING CHAPTER 54.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS", BY AMENDING SECTION 54.5-7 ENTITLED "SAME - PROCEDURE -CONFERENCE AND TENTATIVE PLAT', BY PROVIDING AN EXEMPTION TO GOVERNMENTAL ENTI- TIES AND AGENCIES FROM THE ONE YEAR TIME FRAME REQUIRED TO OBTAIN FINAL PLAT APPROVAL BY THE CITY COMMISSION AFTER APPROVAL OF THE TENTA- TIVE PLAT BY THE PLAT AND STREET COMMITTEE; AMENDING SECTION 54.5.13 ENTITLED "REQUIRED IMPROVEMENTS", BT PROVIDING A WAIVER OF THE BOND REQUIREMENT FOR THE REQUIRED IMPROVE- MENTS FOR GOVERNMENTAL ENTITIES AND AGENCIES; PROVIDING FOR AN EFECTIVE DATE; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Said ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8:00 a.m. and 5:00 p.m. MATTY HIRAI CITY CLERK �L�SY OFF' MIAMI, FLORIDA ? 'ys • p o9�f C0.ftD��o (0468) 517 92-4-050718M