HomeMy WebLinkAboutO-10470J-88-390
4/26/88
ORDINANCE NO. 1.0470
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION OF APPROXIMATELY 101-
125 NORTHWEST 60TH STREET AND APPROXIMATELY
6000-6024 NORTHWEST 1ST AVENUE, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN)
FROM RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO
FAMILY) TO RG-2/4 GENERAL RESIDENTIAL BY
MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 13 OF SAID
ZONING ATLAS MADE A PART OF ORDINANCE
NO. 9500 BY REFERENCE AND DESCRIPTION IN
ARTICLE 3, SECTION 300, THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, the Miami Zoning Board, at its meeting of April 4,
1988, Item No. 2, following an advertised hearing, adopted
Resolution No. ZB 45-88, by a nine to zero (9-0) vote,
RECOMMENDING DENIAL of a zoning classification, 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,
notwithstanding the Zoning Board's recommendation of denial, to
grant this change of zoning classification as hereinafter set
forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Zoning Atlas of Ordinance No. 9500, the
zoning ordinance of the City of Miami, Florida, is hereby amended
by changing the zoning classification of approximately 101-125
Northwest 60th Street and approximately 6000-6024 Northwest 1st
Avenue, Miami, Florida, more particularly described as Lots 15-18
inclusive, Block 2, ROCKMOOR PARK TRACT, as recorded in Plat Book
4 at Page 190 of the Public Records of Dade County, Florida, from
RG-1/3 General Residential (One and Two Family) to RG-2/4 General
Residential.
a
P
10470
Section 2. It is hereby found that this zoning
classification change:
(a) Is in conformity with the adopted Miami Comprehensive
Neighborhood Plan;
(b) Is not contrary to the established land use pattern;
(c) Will not create an isolated district unrelated to
adjacent and nearby districts;
(d) Is not out of scale with the needs of the neighborhood
or the City;
(e) Will not materially alter the population density
pattern or increase or overtax the load on public
facilities such as schools, utilities, streets, etc.;
(f) Is necessary due to changed or changing conditions;
(g) Will not adversely influence living conditions in the
neighborhood;
(h) Will not create or excessively increase traffic
congestion or otherwise affect public safety;
(i) Will not create a drainage problem;
(j) Will not seriously reduce light and air to adjacent
area;
(k) Will not adversely affect property values in the
adjacent area;
(1) Will not be a deterrent to the improvement or
development of adjacent property in accord with
existing regulations;
(m) Will not constitute a grant of special privilege to an
individual owner as contrasted with protection of the
public welfare.
Section 3. Page No. 13 of the Zoning Atlas, made a part of
Ordinance No. 9500 by reference and description in Article 3,
Section 300 of said Ordinance, is hereby amended to reflect the
changes made necessary by these amendments.
10470
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H
i . .
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 section, paragraph,
clause, phrase, or word of this ordinance is declared invalid,
the remaining provisions of this ordinance shall not be affected.
PASSED ON FIRST READING BY TITLE ONLY this 23rd day of
June , 1988.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 8th day of August , 1988.
AT ST:
MATTY HIRAI XAVIER
City Clerk
PREPARED AND APPROVED BY:
G. MIRIAM MAER
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
JORgE L.,FERNAPDEZ
City Attox-me5y,/
GMM/rcl/M314
Z, Mayor
1, Alatty Hirai, Clerk of the City of Miami, Fl ri la,
hereby certify tivit on 1.1ie �dny of.�-
A. D. 1')�a full. true ;u:d c rrc t ei,p r of the above
rad ni_��; crai�►:�n-:e .a:�5 p�sl:cl ;zt t!1 South Door
Of th;: llade G;u►nf: % ►ert :i-;a-;c t t!t>!is-ro' k1cd
for w)ticcs and 3ribii ati.>ns !)y attachilig s,;id clap►; to
tli;; 1-1a,-e pravia-.::i t;iul i u.
W!'1'i141_,;i m)' h::�;;, • 11d t1 , a ficiai se-0i of s•►'d
City tills.- of_. D. 19 6 �
t
Lit), Clerk
A A 1--
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DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants by NEW
HORIZON GROUP'HOME #1, INC., a Florida corporation ("Owner") in
favor of the City of Miami, Florida, a municipality of the State
of Florida.
WITNESSETH
WHEREAS, the Owners hold fee simple title to certain
property in the City of Miami ("the City") consisting of LOTS 15
- 18 inclusive, BLOCK 2, ROCKMOOR PARK PLAT, as recorded in Plat
Book 4, at Page 190 of the Public Records of Dade County,
Florida, and
WHEREAS, the Owners were before the City Commission on
an appeal of a denial of a change of zoning classification from
RG-1/3 General Residential (one and two family) to RG-2/4 General
Residential; zoned RG-1/3 General Residential (one and two
family).
NOW THEREFORE, the Owners voluntarily covenant and
agree that the Property should be subject to the following
restrictions that are intended and shall be deemed to be cove-
nants running with the land binding upon the owners of the
Property and their successors and assigns as follows:
A. That the Owners will restrict the residents of the
NEW HORIZON GROUP HOME #1, INC., facility to residents of the
E City of Miami.
f
B. Amendment and Modification. This instrument may be
modified, amended or released as to any portion of the Property
by a written instrument executed by the then owner of the fee
simple title to the land to be effected by such modification,
amendment or release providing that same has been approved by the
City of Miami Commission. Should this instrument be so modified,
amended or released, the Director of the Planning Department or
his successor, shall execute a written instrument in recordable
form effectuating and acknowledging such modification, amendment
or release.
C. Terms of Covenant. This voluntary covenant on the
part of the Owners shall remain in full force and effect and
shall be binding upon the Owners, their successors and assigns
for an initial period of thirty (30) years from•the date of this
instrument being recorded in the public records and shall be
automatically extended for successive periods of ten (10) years
thereafter unless modified, amended or released prior to the
expiration thereof.
D. Inspection and Enforcement. It is understood and
agreed that any official inspector of the City of Miami may have
the right at any time during normal working hours, to determine
whether the conditions of the Declaration are being complied
with. An enforcement action may be brought by the City or by any
property owner within 375 feet of the Property and shall be by
action at law or in equity against any party or person violating
or attempting to violate any covenants, either to restrain
violations or to recover damages. The prevailing party in the
action or suit shall be entitled to recover costs and reasonable
attorney's fees. This enforcement provision shall be in addition
to any other remedies available under the law.
E. Severability. Invalidation of any one of these
covenants by judgment of Court shall not affect any of the other
provisions of this Declaration, which shall remain in full force
and effect, provided, however, that such invalidation may be
grounds for the City to amend the zoning and/or land -use regu-
lations applicable to the Property.
F. Recording. This Declaration shall be filed or
recorded among the Public Records of Dade County, Florida, at the
cost of the Owners.
IN WITNESS WHEREOF, the undersigned have set their
hands and seals this 25th day of August , 1988.
Witnesses: NEW HORIZONS GROUP HOME '#1, INC.,
a Florida corporation
Pres fint
(Seal)
STATE OF FLORIDA )
) SS.
COUNTY OF DADE )
BEFORE ME, the undersigned authority, personally
appeared OPhelia Barnes , the President of New Horizon
Group Home #1, Inc., who acknowledged on this 25th day of
August , 1988, that she had the authority to execute
the foregoing instrument for the purposes expressed therein.
NOTARY L► �p��1�• S %71
ItOf MtORM r- ,
j9 MAY i 1, i9gd, Notary Public, State of Florida
""OWNITtp
My Commission Expires:
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
Sookie Williams, who on oath says that she Is the Vice
President 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
IQ TWIT
Ff M I A M I
IO:RDINANCE NO. 10470
RE: AN ORDINANCE AMENDING THE
ZONING ATLAS OF ORDINANCE NO.
9500
In the ............. ............................ Court,
was published in said newspaper in the Issues of
August 18, 1988
Affiant 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
published 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 preceding
the first publication of the attached copy of advertisement; and
afilant 1 says that she has neither paid nor promised any
person firm or corporation any discount, rebate, commission
or ref nd r the purpose of securing this advertisement for
publi atio in the said newspaper.
eNov.FF
<�+ to scri d before me this
Notary i�T a of Florida t Large
(SEAL)
My Corn
f514'Ve R; ulyQ9� 0.
MR 114
�Utamt
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'q or.
)ORGE L. FERNANDEZ
City Attorney — (305) 579.6700
p''o'o a :i t, O' Telecopier: (305) 374-4730
O�,c0. F VO
August 10, 1988, is -el 69
:=
Jesse McCrary, Esq.
3050 Biscayne Boulevard
Miami, Florida
Re: New zoos Group Home #1�Inc. , City}— Commission
of
Agenda Items— -7 througB-10.
N
�usa,988,
Dear Mr. McCrary:
This will confirm your commitment to the City Commission at
its
Commission meeting on August 8, 1987, that you will provide
the
City with a covenant insuring that only City of Miami residents
will be admitted to the New Horizons community facility.
Enclosed please find a copy of our master covenant form for
your
convenience. Please return this completed and executed covenant
to me as soon as possible.
Sincerely,
G. Miriam Maer
Assistant City Attorney
GMM/rcl/P315
enclosure
cc: Edith Fuentes, Director
Building & Zoning Department
Joseph Genuardi
Zoning Administrator
Guillermo Olmedillo
Planning Department
OFFICE OF THE CITY ATTORNEY/1100 AmeriFirst Building/One Southeast Third Avenue/Miami, Florida 33131
.7
t Jesse McCrary, Esq.
New Horizons Group Home #1, Inc., City Commission of
August 8, 1988, Agenda Items B-7 through B-10.
August 10, 1988
Page 2
Sergio Rodriguez
Assistant City Manager
James Ray
Chief Design Engineer
Public works Department
Matty Hirai
City Clerk
J-88-388(a)
6/23/88
RESOLUTION NO.
A RESOLUTION REVERSING THE DECISION OF THE
ZONING BOARD AND GRANTING A VARIANCE FROM
ORDINANCE NO. 9500, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 20, SECTION 2034, SUBSECTION
2034.2.2.1, "COMMUNITY BASED RESIDENTIAL
FACILITIES -LOCATION STANDARDS" TO ALLOW THE
OPERATION OF A COMMUNITY BASED RESIDENTIAL
FACILITY (CBRF), ONLY FOR RESIDENTS OF THE
CITY OF MIAMI, FLORIDA, FOR PROPERTY LOCATED
AT APPROXIMATELY 101-125 NORTHWEST 60TH
STREET AND APPROXIMATELY 6000-6024 NORTHWEST
1ST AVENUE, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN) AS PER PLANS
ON FILE, (NEW HORIZONS GROUP HOME #1), WHICH
IS LOCATED 499.92' FROM THE EXISTING CBRF
FACILITY AT 126-160 NORTHWEST 59TH STREET;
1,467' FROM THE EXISTING CBRF FACILITY AT
6250 NORTHEAST 1ST PLACE AND 1,472.3' FROM
THE EXISTING CBRF FACILITY AT 128 NORTHEAST
63RD STREET; (1,825' MINIMUM DISTANCE BETWEEN
FACILITIES REQUIRED); AND SUBJECT TO APPROVAL
BY THE CITY COMMISSION OF A CHANGE OF ZONING
FROM RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO
FAMILY) TO RG-2/4 GENERAL RESIDENTIAL; ZONED
RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO
FAMILY).
WHEREAS, the Miami Zoning Board at its meeting of
April 4, 1988, Item No. 4, following an advertised hearing,
adopted Resolution No. ZB 47-88, by a eight to one (8-1) vote
DENYING the variance as hereinafter set forth; and
WHEREAS, the applicant has taken an appeal to the City
Commission from denial of the Variance; and
WHEREAS, the City Commission after careful consideration of
this matter and notwithstanding the denial by the Zoning Board,
finds that peculiar circumstances exist which impair the owner's
right to some reasonable use of the -property without the grant of
variance as set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. That the decision of the Miami Zoning Board in
this matter is reversed and the request for a variance from
Ordinance No. 9500, as amended, the Zoning Ordinance of the City
of Miami, Florida, Article 20, Section 2034, Subsection
2034.2.2.1 "Community Based Residential Facilities -Location
Standards" to allow the operation of a Community Based
Residential Facility (CBRF), only for residents of the City of
Miami, Florida, for property located at approximately 101-125
Northwest 60th Street and approximately 6000-6024 Northwest 1st
Avenue, Miami, Florida, more particularly described as Lots 15-18
inclusive, Block 2, ROCRMOOR PARR TRACT, as recorded in Plat Book
4 at Page 190 of the Public Records of Dade County, Florida, as
per plans on file, (New Horizons Group Home #1), which is located
499.92' from the existing CBRF Facility at 126-160 Northwest 59th
Street; 1,467' from the existing CBRF Facility at 6250 Northeast
1st Place and 1,472.3' from the existing CBRF Facility at 128
Northeast 63rd Street: (1,825' Minimum Distance Between
Facilities Required); and subject to approval by the City
Commission of a change of zoning from RG-1/3 General Residential
(One and Two Family) to RG-2/4 General Residential; Zoned RG-1/3
General Residential (One and Two Family, is hereby granted.
PASSED AND ADOPTED this day of , 1988.
ATTEST:
MATTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
G. IAM MAER
Assistant City Attorney
XAVIER L. SUAREZ, MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
City Attorney
GMM/rcl/M687
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J-88-388(b)
6/23/88
RESOLUTION NO.
A RESOLUTION AFFIRMING THE DENIAL OF A
VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 20, SECTION 2034, SUBSECTION
2034.2.2.1 "COMMUNITY BASED RESIDENTIAL
FACILITIES -LOCATION STANDARDS" TO ALLOW THE
OPERATION OF A COMMUNITY BASED RESIDENTIAL
FACILITY (CBRF), ONLY FOR RESIDENTS OF THE
CITY OF MIAMI, FLORIDA, FOR PROPERTY LOCATED
AT APPROXIMATELY 101-125 NORTHWEST 60TH
STREET AND APPROXIMATELY 6000-6024 NORTHWEST
1ST AVENUE, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN) AS PER PLANS
ON FILE, (NEW HORIZONS GROUP HOME #1), WHICH
IS LOCATED 499.92' FROM THE EXISTING CBRF
FACILITY AT 126-160 NORTHWEST 59TH STREET;
1,467' FROM THE EXISTING CBRF FACILITY AT
6250 NORTHEAST 1ST PLACE AND 1,472.3' FROM
THE EXISTING CBRF FACILITY AT 128 NORTHEAST
63RD STREET; (10825' MINIMUM DISTANCE BETWEEN
FACILITIES REQUIRED); AND SUBJECT TO APPROVAL
BY THE CITY COMMISSION OF A CHANGE OF ZONING
FROM RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO
FAMILY) TO RG-2/4 GENERAL RESIDENTIAL; ZONED
RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO
FAMILY).
WHEREAS, the Miami Zoning Board at its meeting of
April 4, 1988, Item No. 4, following an advertised hearing,
adopted Resolution No. ZB 47-88, by a eight to one (8-1) vote
DENYING the variance as hereinafter set forth; and
WHEREAS, the applicant has taken an appeal to the City
Commission from denial of the Variance: and
WHEREAS, the City Commission after careful consideration of
this matter finds that no peculiar circumstances exist which
impair the owner's right to some reasonable use of the property,
and finds no other basis upon which to grant a variance:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
j. OF MIAMI, FLORIDA: ,
1'
Section 1. That the decision of the Miami Zoning Board in
j, this matter is affirmed and the request for a variance from
Ordinance No. 9500, as amended, the Zoning Ordinance of the City
�f of Miami, Florida, Article 20, Section 2034, Subsection
t'
1
2034.2.2.1 "Community Based Residential Pacilities-Location
Standards" to allow the operation of a Community Based
Residential Facility (CBRF), only for residents of the City of
Miami, Florida, for property located at approximately 101-125
Northwest 60th Street and approximately 6000-6024 Northwest 1st
Avenue, Miami, Florida, more particularly described as Lots 15-18
inclusive, Block 2, ROCRMOOR PARR TRACT, as recorded in Plat Book
4 at Page 190 of the Public Records of Dade County, Florida, as
per plans on file, (New Horizons Group Home W , which is located
499.92' from the existing CBRF Facility at 126-160 Northwest 59th
Street; 1,467' from the existing CBRF Facility at 6250 Northeast
1st Place and 1,472.3' from the existing CBRF Facility at 128
Northeast 63rd Street; (1,825' Minimum Distance Between
Facilities Required); and subject to approval by the City
Commission of a change of zoning from RG-1/3 General Residential
(One and Two Family) to RG-2/4 General Residential; Zoned RG-1/3
General Residential (0re and Two Family, is hereby denied.
PASSED AND ADOPTED this day of , 1988.
ATTEST:
NATTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
M% I k N%,,
G. MAER
Assistant City Attorney
XAVIER L. SUAREZ, MAYOR
APPROVED AS TO PORN AND CORRECTNESS:
JORGE L. FERNANDEZ
City Attorney
GMM/rcl/M688
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n
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants by
a Florida corporation,
("Owner"), in favor of the City of Miami, Florida, a municipality
of the State of Florida.
V I T N E S S E T 9:
WHEREAS, the Owners hold Fee -simple title to certain prop-
erty in the City of Miami, Florida ("the City"), consisting of
as per
the plat thereof recorded in Plat Book Page in the Public
Records of Dade County, Florida (the "Property"); and
WHEREAS, the Owners are presently applicants before the City,;
of Miami City Commission for a change of zoning classification in-_.
the Official Zoning Atlas of the City of Miami, from
for the
above -described property,: ; and
WHEREAS, the Owners are desirous of making a binding commit-
ment to assure that the Property shall be developed in accordance
with the provisions of this Declaration;
NOW, THEREFORE, the Owners voluntarily covenant and agree -
that the Property shall be subject to the following restrictions
that are intended and shall be deemed to be covenants running '
with the land binding upon the Owners of the Property, and their
successors and assigns as follows:
A. Building Height Limitation.
B. Landscape Buffer and Wall. Prior to the issuance of a
building permit on the Property, Owners shall obtain approval of
Prepared by:
a landscape plan from the City of Miami Planning Department which
plan shall reflect a landscape buffer with a width of twenty (20)
feet along the entire south property line of the Property along
. This buffer will contain landscaping inclined
towards a six foot high masonry wall which Owners shall construct
at the northern boundary of the twenty foot landscaping buffer.
The landscaping of the Property shall be installed in conformity
with said landscape plan; and the Owners shall also be respon-
sible for the permanent maintenance of the landscaping on the
Property. OwVrs agree to complete construction of the masonry
wall within ninety days from the date of final zoning approval.
C. Vehicular Access Limitation. No vehicular access for
ingress or egress shall be permitted
D. Site Plan. Owner agrees to develop the Property sub-
stantially in accordance with the site plan entitled
E. Parking. Owner agrees that parking provided for any
development on the Property shall be
H. Effective Date. If the City Commission of the City
approves the Owners' pending application for an amendment to the
City of Miami Zoning Atlas, and after said approval has become
final and non -appealable, this instrument shall constitute a
0►
covenant `running with the title to the Property and be binding
upon the Owners, their successors and assigns. These restric-
tions shall be for the benefit and limitation upon all present
and future owners of the Property and for the 'public welfare.
I. Amendment and Modification. This instrument may be
modified, amended or released as to any portion of the Property
by a written instrument executed by the then owner of the fee -
simple title to the land to be effected by such modification,
amendment or release providing that same has been approved by the
City of Miami "'Commission. Should this instrument be so modified,
amended or released, the Director of the Planning Department or
his successor, shall execute a written instrument in recordable
form effectuating and acknowledging such modification, amendment
or release.
J. Term of Covenant. This voluntary covenant on the part
of the Owners shall remain in full force and effect and shall be
binding upon the Owners, their successors and assigns for an
initial period of thirty (30) years from the date of this instru-
ment is recorded in the public records and shall be automatically
extended for successive periods of ten (10) years thereafter
unless modified, amended or released prior to the expiration
theramf
L. Inspection and Enforcement. It is understood and
agreed that any official inspector of the City of Miami may have
r � q .i,�
the at any time during normal working hours, to deter-
3
01
..
r
mine whether the conditions of this Declaration are being com—
plied with. An enforcement action may be brought by the City or
by any property owner within 375 feet of the Property and shall
be by action at law or in equity against any party or person
violating or attempting to violate any covenants, either to
restrain violations or to recover damages. The prevailing party
in the action or suit shall be entitled to recover costs and
reasonable attorneys fees. This enforcement provision shall be
in addition to any other remedies available under the law.
M. Sevefability. Invalidation of any one of these cove-
nants by judgment of Court shall not affect any of the other
provisions of this Declaration, which shall remain in full force
and effect, provided, however, that such invalidation may be
grounds for the City to amend the zoning and/or land -use regula-
tions applicable to the•Property.
N. Recording. This Declaration shall be filed of record
among the Public Records of Dade County, Florida, at the cost of
the Owners.
IN WITNESS WHEREOF, the undersigned have set their hands and
seals this day of , lggg.
w
Witnesses: INC., a
Florida corporation
By:
(SEAL)
is
- 4 -
f'
1M
STATE OF FLORIDA
SS:
dOUNTY OF DADE )
Before me, the undersigned authority, personally appeared
► the of
Inc., who acknowledged on this day of ► 1988,
that he had the authority to execute the foregoing instrument for
the purposes expressed therein.
NOTARY PUBLIC
State of Florida At Large
My Commission Expires:
L
STATE OF FLORIDA
) SS:
COUNTY OF DADE )
Before me, the undersigned authority► personally appeared
and acknowledged on this day of ►
1988, that he executed the foregoing instrument for the purposes
expressed therein.
My Commission Expires:
C
- 5 -
NOTARY PUBLIC
State of Florida At Large
LOCATION/LEGAL
ZONING FACT SHEET
Approximately.101-125 NW
Approximately 6000-6024
Lots 15-18 inclusive
Block 2
60 Street and.
NW 1 Avenue
ROCKMOOR PARK TRACT (4-190) P.R.O.C.
APPLICANT/OWNER New Horizons Group Home #1
Ophelia Barnes, President
1469 NW 36 Street
Miami, FL 33142 Phone# 635-0366
ZONING RG-1/3 General Residential
REQUEST Change of Zoning Classification in the Official
Zoning Atlas of Zoning Ordinance 9500, as
amended, the Zoning Ordinance of the City of
Miami to RG-2/4 General Residential.
RECOMMENDATIONS
PLANNING DEPARTMENT DENIAL. The proposed change is not in
conformity with the Miami Comprehensive
Neighborhood Plan and would require a plan -
amendment. The proposed change is contrary to
the established one and two family residential
land use pattern. The change suggested is out
of scale with the needs of the neighborhood.
The proposed change would result in a district
with a sector of 4, FAR of .49, surrounded on
the north, south, west, and east by a sector of
3, FAR of .33; this is not acceptable because
existing district boundaries are logically drawn
in relation to existing conditions on the
property proposed for change, and to grant the
requested change would result in spot zoning and
would be an intrusion into the low density
residential area. There have been no changing
conditions in the surrounding area that make the
passage of the proposed change necessary. There
are other adequate sites in the City of Miami
for the proposed use in districts already
permitting such use and with the prooer distance
separation from other existing Community Based
Residential Facilities.
10470
PUBLIC WORKS This change will not in itself cause problems,
however if a trend were to,develop the 60 year
old sanitary sewers would be sutrject to
overload. Number of units could double for area
now zoned RG-1/3.
OADE COUNTY PUBLIC
WORKS No comments.
ZONING BOARD At its meeting of April 4, 1988, the Zoning Board
adopted Resolution ZB 45-88, by a vote -of 9-to 0,
recommending denial of the above to the City
Commission.
Ten proponents present at the hearing.
Three replies in favor and six objections
were received by mail.
CITY COMMISSION At its meeting of May 19, 1988, the City
Commission continued the above to its meeting
of June 23, 1988.
At its meeting of June 23, 1988, the City
Commission passed the above on first reading.
At its meeting of July 21, 1988, the City
Commissioncontined action on the above.
HISTORY
Plannina and Zoning Board Meeting 1/25/54
REQUEST Variance to permit to First Baptist Church the
use of building on Lots 8 and 13 for Sunday
School, and to permit use of Lots 15 through 18
for off-street parking.
PLANNING AND ZONING BOARD Recommended. Resolution 5556.
CITY COMMISSION 2/17/54
Passed.on First Reading.
CITY COMMISSION 3/3/54 Approved on Second Reading. Ordinance 4996.'
Planning Board Meeting 1/8/68
REQUEST Conditional use to permit enclosure of
playground area of the First Baptist Church'with
a 6' high fence, 4' high fence permitted in the
R-2 district.
PLANNING DEPARTMENT Approval.
PLANNING BOARD Recommended Conditional Use. Resolution 68-3.
CITY COMMISSION 2/14/68 Granted Conditional Use. Resolution 39398.
�_ I IL0470
I am
5 I s
N.E. 62
I Lb 4r4/8d 10470S 13
Item Z, 3 & 4 AP P-l$
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_ rr.'-!.:r;/.t' J•. -'1 ;., _ LD 4/4/88
AS 13
y ��� 4 j4► t.. :—� : i �`{� �tr 'A AN 9-28
Item # 2, 3 & 4
N.W.
„ _ "- -. , =' a '� �� Approx. 101-125 NW 60th Street
r ,�,a....J•......'f wrno b�o�'.�1Lt•Jn �►.lhioli
10470 4
APPLICATION FOR A CLASS D SPECIAL PERMIT OR SPECIAL EXCEPTION
File Number DSE-8 3-_
Within the City generally, or within certain zoning districts; certain structures, uses,
and/or occupancies specified in this ordinance are of a nature requiring special and
intensive review to determine whether or not they should be permitted in specific
locations, and if so, the special limitations, conditions, and safeguards which should
be applied as reasonably necessary to promote the general purposes of this Zoning
Ordinance, and, in particular, to protect adjoining properties and the neighborhood
from avoidable potentially adverse effects. It is further intended that the expertise
and judgement of the Zoning Board be exercised in making such determinations, in
accordance with the rules, considerations and limitations relating to Class D Special
Permits and Special Exceptions. (See Article 26.)
Formal public notice and hearing is not mandatory for Class D Special Permits, but is
mandatory for Special Exceptions. In other respects, these classes of special permits
are the same.
The Zoning Board &hail be solely responsible for determinations on applications for
Class D Special Permits and Special Exceptions. All applications in these classes of
special permits shall be ref erred to the director of the Department of Planning f or his
recommendations and the director shall make any further ref errals required by these
regulations.'
i, Fjr-ee-_5,5 i d e.&;� hereby apply to the City of
Miami onina Board for approval of, check one:
Class D Special Permit
�Soeciol Exception
for property located at /1,*j. / d /- 1.& A/G✓ _ j& 5_ re et C✓ i V _
Miami. j,, a 45 o— 4,0 A I/ W 12x"
Nature of Proposed Use (Be specific) or C1 �r rnrrrur��Y �aSer� lCes,�enT�a-�
U S e a 7Yl n X I M Lr rA- Q F - r� S" /7l mh-/l /
r n /L f -
Form 10-83
10470
l attach the following in support or explanation of this application:
vr' I. Two surveys of, the property prepared by a State of Florida Registered Land
/ Surveyor.
= 2. Four copies of: site plan showing (as required) property boundaries, existing and
proposed structure(s), parking, landscaping, screening, etc; building elevations (if
required) with dimensions and computations of lot area (gross and net), LUI ratios
(open space, floor area, parking, etc.), building spacing and height envelope.
See Section 2304.2.1(c).
✓ 3. Affidavit disclosing ownership of property covered by application and disclosure of
interest form (Form 4-83 and attach to application.).
�4. Certified list of owners of realestate within 375' radious from the outside
boundaries of property covered by this application. (See Form 6-83 and attach to
�application).
5. At least two photographs that w thLp entire property (land and improvements).
6. Other (Specify) gee. AYd ty t.
7. Fee of $ 6046,6,c 6
based on following:
(a) CIass D R00.00
00.00
(b) Special Exception
(c) Surcharge equal to applicable fee from (a) or (b) above not to exceed $400; to
be refunded if there is no appeal (City Cod Secti 62 1).
Signature
Name C/r//8//.!� S
esi eat, rcr on Boas Group Romep
Address
City, State, Zips,®
Phone i 3.S— O 3 6
STATE OF FLORIDA) SS:
COUNTY OF DADE )
%7e11L U/r/%E'5 �.5 � c1le"
, being duly sworn,
aeposes ana says that ne is the kWwrierl (uTnorizea agent) of the real property described
above; thot he has read the foregoing answers and that the same are true and complete; and
(if acting as agent for owner) that he has authority to execute this application form on
behalf of the owner.
L '
Form 1
104'70 C0
• �.83 - - - -
SWORN TO AND SUBSCRIBED
before me this 22 tv day.
of
MY COMMISSION EXPIRES:
10TART PUBLIC VAN v FLORIDA
" MISSION EYF Jun 12.1991
90= TRIO 69KNAL IRS- U19-
(SEAL)
?xe P* 1
Notary Pubiic, ate of/Florida at Large
Form 10-83
10470
AFFIDAVIT
STATE OF FIORIDA)
SS . ,..,1.
CtxA9ZY OF DADS
Before me, the undersigned authority, this day personally
appeared D� a rrz e5 , �es Berl who being by me first duly sworn,
upon oath, deposes and says:
1.- That he "is the owner, or the I elm .'representative of the
owner, suK_rr4 ng the accc=n ing application for, a public hear as
required by Ordinance No. 9500 of the Code of the Cit j of Munn, Florida,
effecting the real, propertp located in the City of ML za as described and
Listed on the pages atmached to this affidavit and made a part thereof.
2. That all owners which he re mesez=, if any, have given their
full and complete per:assion for him to act in their behalf for the change
or m-x'ion of a classIX: - -6i on or reG�ulati rn of a:1ni:-,, as ssr- : Li..i n
: r° mot
tz:e ac: _.::;=jin& 1�etition.
3. That the pages attacried hereto and made a part of this
affidavit ==ain the cL rr= names, mailing addressas, phcnne m=bers and
legal descriptions for the real property which he is the owner or iegat.
representative.
4. The facts -as represented in the application, and docents
subc�Ltted in conjunction with this affidavit are true and correct.
Farther Af iant sayeth not.
_ n LI)//i`.
X
Sworn to and Subscribed before me
t1ds,.Z;L day of,77� 19 3'�.
111 /
ldu=7:jttrio, State of Flor= at Large
My Cc,,, . ion Exdi,ras:
IITAAT IU1l3C MH IF FlIR104
AT C011=01 [IF JUKE 12.1111
NMI TRRU GENERAL 195. UAO.
1640"]
dezcriamceti -
j2e� ���1
.. /Vew �Qri�gu Gro
I- - 10470 (51
OIZER' S LIST
a Qphe'll;L �arr�es
Owner's flame s Grc+v e1 /oe�oc✓I7N3� ' ^? 3 e!?Z` .
Mailing Address, 5-1r—e et 7ni a�..�
.c,L 33 Z�
Telephone Number
Legal Description: ,e oc/
lark -Ira
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address .
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally
(by corporation, partnership or privately) within 375' of the subject
site is listed as follows: '
Street Address
Street Address
Street Address
Legal Description
Legal Oescriotion
Legal Descrioti,3n
104'70
DISCLCZUFE OF O NM RSHIP
1. Legal description and street address of subject real
�j'Y:
—LM_ IS,14, 17,E !�' Bloc` a?' �oc4wgior PrIC ! 0.�t
Ps `t; Pa9e �qo
�.0 /.75 Nt✓ 6d6Trftt avd A*PX' Goad Gc�yi✓F✓ !' li e.,
Z. Owner(s) of subject real property and •percentage of ownership.
Note: City of Miami Ordinance No. 9419 requires disclosure of all parties
h• aving a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Commission.
Accordingly, question #2 requires disclosure of all shareholders of
=mj=rations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
NeW �e riorJs Grove /tom e.' /oo�r m�r�ter�S,�, P --�
Hy q NW 36 57ree&, M/0ML ,CL 33/yZ
A Not = For -Prof '� CarPor&.4idr
0?he/,a. Barr{e5, ?rlto;cleAG; /yGy ,iWA/ 3.1 5 VJ;00.,FL 33I�fZ
oPaWW1WK,5L, Sec re4gry /s7.zs' NO) �26 #Ye•, .Yi 4a nL
�1 acKF�
cL, 336Sy
�v Rnai e- AJMr,' JGe. Pre6id6d IV07 NiV S'k St., ryllamt..., �CL 33136
3. Decal description anti street addres: of any teal proper: (s)
owned by any party listed in answer to question v 2, anti (b) located w ltliin
375 feet of the subject real property. .
STATE OF FLORIDA ) SS:
COMM CF DADE }
, being duly sworn, deposes and
—says tnat ne Ls the (C:wner) (Attorney far Owner) of the real property
described in answer to question 41, above; that he has read the foregoing
answers. and that the same are true and c=mlete; and (if acting as attorney
for owner) that he has authority to execute this Disclosure of Ownership
form on behalf of the owner.
SLAF�1 M AIM SQiS"12=
beicre me this
day of i�99_.
(SEAL)
(Dame)
Notary Puoiic, State at
Florida at Large' IL04 70
art GIs: 0
STATE OF F'IAAIl ) SS:
C0M= OF DADEzZ.�,
L��c a afiebei duly'sworn, deposes and
says that ne is the aul.y appointer of ��,.,/'!• ,
the owner of the real property descrima in answer to auesti n fi,— a=Veot
that he has rend the foregoing answers; that the same are true and com-
plete; and that he has'the authority to execute this Disclosure Owner-
ship fora on behalf of. the owner.
i
St%= M AM SOESCFtIBED
before me this r•.� iv ��
day of
Notary /Putuir, .State at
Florida at Large
My CMAMSSICE M. 211m:
WANT MI UC STATE W FLUUA
RI COS#I u IV JUNE 12.1521
0o1Ct0 TM GENERAL INS, M,
1.
GMM/wpc/ab/025 10470
RESOLUTION BY REGULAR FETING OF
BOARD OF DIRECTORS
NEW HORIZONS GROUP HOME #1, INC.
At a regular meeting of the Board of Directors of NEW
HORIZONS GROUP HOME #1, INC., a Florida not -for -profit -
corporation, hereinafter referred to as the "Corporation" the
following actions by unanimous consent were hereby taken and
adopted:
RESOLVED, as follows:
1. That all the terms of off ice of the current Board of
Directors of New Horizons Group Home #1, shall continue
to be in full force and effect until they resign and are
subsequently replaced in accordance with the bylaws of
the corporation.
2. That all current officers shall remain in good standing,
to wit:
Ophelia Barnes, President
Annie.Adker, Vice President
David Williams, Secretary
That the above Directors' resolution was duly and regu-
larly enacted at a Meeting of the Board of Directors called for
that purpose and held in accordance with the by-laws of the
Corporation and the statutes of the State of Florida.
Dated: February �. ,1988.
BY ��s
opnt'ia 5arnes —
Cha rman, Board of Directors.
IN WITNESS WHEREOF, I have affixed my name as Secretary of
the Board of Directors of this Corporation this day of
February, 1988.
IL04'70
David Williams, Secretary
(Corporate Seal) %�
RESOLUTION BY REGULAR MEETING OF
BOARD OF DIRECMR&'' :
NEW HORIZONS GROUP HOME #1, INC.
At a regular meeting of the Board of Directors of NEW
HORIZONS GROUP HOME #1, INC., a Florida not -for -profit -
corporation, hereinafter referred to as the "Corporation" the
following actions by unanimous consent were hereby taken and
adopted:
RESOLVED, as follows:
1. That New Horizons Group Home #1, Inc. shall submit a
petition for a zoning variance from the City of Miami.
2. That the Board of Directors gives Ophelia Barnes, .
President, the full power and authority to do and per-
form all and every act and thing whatsoever requisite
and necessary to be done to effect said zoning variance.
That the above Directors' resolution was duly and regu-
larly enacted at a Meeting of the Board of Directors called for
that purpose and held in accordance with the by-laws of the
Corporation and the statutes of the State of Florida.
Dated: February ,.1988.
BY
opne is ernes N- ,
Pres dent, Board of Directors.
IN WITNESS WHEREOF, I have affixed my name as Secretary of
the Board of Directors of this Corporation this day of
February, 1988.
David Williams, Secretary"'
(Corporate Seal)
IL04'70
13
ARTICLES OF INCORPORATION
OF
NEW HORIZONS GROUP HOME #1, INC.
This is to certify that we, the undersigned, all bai64 of full
legal age, do hereby associate ourselves for the purpose of forming a
nonprofit Corporation under and by virtue of the laws of the State of
Florida and further certify that:
ARTICLE I
(a) The name of the Corporation is:
NEW HORIZONS GROUP HOME #l, INC.,
referred to as "the Corporation"
(b) The existance of the Corporation will be permanent
(c) The principal office of the Corporation will be located at:
1469 N.W. 36 St., Miami, Florida 33142
(d) The resident agent of the corporation is:
Bennett Bovarnick, Esq.
whose post office address is: 5355 Town Center Road, Ste 502
Boca Raton, Florida 33486
ARTICLE II
The purposes for which the Corporation is formed, and the business
and objects to be carried on and promoted by it, are as follows:
(a) To provide handicapped persons with housing facilities and
services specially designed to meet their physical, social
and psychological needs, and to promote their health,
security, happiness and usefulness in longer living, the
charges for such facilities and services .to be predicated
upon the provision, maintenance and operation thereof on a
nonprofit basis.
(b) The Corporation is irrevocably dedicated to and operated
exclusively for nonprofit purposes; and no part of the
income or assets of the Corporation shall be distributed to,
nor inure to the benefit of, any individual.
10470 14
EXHIBIT 7 - Borrower's Local Community Base
The New Horizons Group Home # 1, Inc. has been established by
the New Horizons Community Mental Health Center, Inc.
Attached are letters of support from various segmets of the local
community, including the following:
Government Officials:
Congressman Claude Pepper
-Governmental units and agencies
State of Florida. Dept. of Health & Rehabilitative Services
Metro -Dade Dept. of Human Resources. Office of the Director
Metro -Dade Dept. of Human Resources. Office of Emergency
Assistance
Health Council of South Florida
Miami- Dade Community College
Civic clubs
Haitian Task Force
.. Haitian American Community Association of Dade County
Organizations with special interest in the Chronically
Mentally III& Homeless
Miami Coalition for Care to Homeless
Youth Co -Op, Inc.
United Way of Dade County
Community Alliance for the Mentally III (AMI)
Mental Health Association of Dade County
EXHIBIT 7
Local' Communiti, Base
1987 Section 202
Fund Reservation Request
New Horizons Group Home # 1
104'70 /5
ARTICLE III
The Corporation is empowered:
( a ) To buy, own, sell, assign, mortgage or lease any interest in
real estate and personal property and to construct, maintain
and operate improvements thereon necessary or incident to the
accomplishment of the purposes set forth in Article II
hereof, but solely in connection with a project assisted
under Section 202 of the Housing Act of 1959, as amended.
(b) To borrow money and issue evidence of indebtedness in
furtherance of any or all of the objects of its business, and
to secure the same by mortgage, pledge or other lien on the
Corporation's property.
(c) To do and perform all acts reasonably necessary to accomplish
the purposes of the Corporation, including the execution of a
Regulatory -Agreement with the Secretary of Housing and Urban
Development, and of such other instruments and undertakings
as may be necessary to enable the Corporation to secure the
benefits, of financing under Section 202 of the Housing Act of
1959. Such Regulatory Agreement and other instruments and
undertakings shall remain binding upon the Corporation, its
successors and assigns, so long as a mortgage on the
Corporation's property is held by the Secretary of Housing
and Urban Development.
(d) In the event of the dissolution of the Corporation or the
winding up of its affairs, or other liquidation of its
assets, the Corporation's property shall not be conveyed to
any organization created or operated for profit or to any
individual for less than the fair market value of such pro-
perty, and all assets remaining after the payment of the
Corporation's debts shall be conveyed or distributed only to
an organization or organizations created and operated for
nonprofit purposes similar to those of the Corporation, other
than, one created for religious purposes: PROVIDED, however,
that the Corporation shall at all times have the power to
convey any or all of its property to the Secretary of Housing
and Urban Development.
ARTICLE IV
The number of directors of the Corporation shall be three (3 ) and
shall be elected b: :.ae members of the Corporation from the mem-
bership. The directors of the Corporation must, at all times, be mem-
10470 / 6
bers of the Corporation. No nonmember of the Corporation may sit as a
director. The original directors and the term for which each will
serve are set below.
1. Ophelia Barnes, President 1 year or until
1200 N.W. 77 Terrace, Miami, FL 33147 subsequently replaced
2. Annie Adker, Vice President 1 year or until
407 N.W. 5th Street, Miami, FL 33136 subsequently replaced
3. David Williams, Director 1 year or until
15725 N.W. 26 Ave., Opa Locka, FL 33054 subsequently replaced
The directors shall serve without compensation
Membership in the Corporation shall, at all times be limited to
individuals who are either (1) Directors of New Horizons Community
Mental Health Center, Inc., or (2) Member of New Horizons Community
Mental Health Center, Inc., and who have the approval of the Board of
Directors of New Horizons Community Mental Health Center,. Inc. .
In the event that a member of the Corporation ceases to be
Director of New Horizons Community Mental Health Center, Inc. or, if
the aforesaid approval is withdrawn, then, in either event, such shall
constitute automatic resignation as a member and director of the
Corporation.
The officers of the Corporation, as provided by the By -Laws of the
Corporation, shall be elected by the directors of the Corporation, in
the manner therein set out, and shall serve until their successors are
elected and have qualified. The directors shall elect the regular
officers of the Corporation at the annual meeting, for terms of one
year.. The secretary and treasurer may be one and the same person, and
need not be a director of the Corporation
The annual meeting shall be held on the first business day in
February of each year.
ARTICLE V
By -Laws of the Corporation ,may be adopted by the directors at any
regular meeting or any special meeting called for that purpose, so
long as they are not inconsistent with the provisions of these
Articles or of the Regulatory Agreement between the Corporation and
the Secretary of Housing and Urban Development pursuant to Article II
hereof.
ARTICLE VI
So long as a mortgage on the Corporation's 'property is held by the
Secretary of Housing and Urban Development, then these Articles mey.
I nA► 11 ,
a
not be amended
Secretary.
Signed by t,�
A BARNES--"
without the prior written approval of the said
e incorporators this 5/y day of May, 1987.
Address
9'7
NIE ADKER
1200 N.W. 77 Terrace
Miami, Florida.33147
407 N.W. Sth St.
Miami, Florida 33136
SWORN TO an SUBSCRIBED be are me
this y of 1987.
otary Public, State of Florida at
Large
My Commission Expires:
tiOM MLIC STATE OR VLORMA
NY CONNISSION EXP. Aug. S11980
! I= TFJU GENERAL INS. We
HAVING BEEN NAMED TO ACCEPT SERVICE OF PROCESS FOR THE ABOVE STATED
CORPORATION, AT THE PLACE DESIGNATED IN THIS CERTIFICATE, I HEREBY
AGREE TO ACT IN THIS CAPACITY, AND I FURTHER AGREE TO COMPLY WITH THE
PROVISIONS OF ALL STATUTES RELATIVE TO THE PROPER AND COMPLETE
PERFORMANCE OF MY DUTIES, AND I ACCEPT THE DUTIES AND OB 4GATIONS OF
SECTION 607.325 FLORIDA STATUTES.
SIGNATURE
GBNETT "HUVAHNICK cxegisterea Rgi
DATE
104'70
/C
BYLAWS
of
NEW HORIZONS GROUP HOME #1, INC:
a Florida Non -Profit Corporation
ARTICLE I
Name
The name of the Corporation shall be NEW HORIZONS GROUP
HOME #1, INC.
ARTICLE II
Principal Office
The principal office of this Corporation shall be
located at: 1469 N.W. 36 St., Miami, Florida 33142, County
of Dade, State of Florida.
ARTICLE III
Purposes
The purposes for which this Corporation is formed are as
follows:
(a) for the advancement of charitable, educational, and
any other related or corresponding charitable purposes by
the distribution of its funds for such purposes in Dade
County, Florida.
(b) to operate exclusively in any other manner for such
charitable and educational purposes as will qualify as an
exempt organization under Section 501(c)(3) of the Internal
Revenue Code, as amended, or under any corresponding provi-
sions of any subsequent federal tax laws covering the
distributions to organizations qualified as tax exempt.
ARTICLE IV
Prohibited Activities
Notwithstanding any other provision of these Bylaws or
the Articles of Incorporation, this Corporation shall not
conduct or carry on 'any activities not permitted to be con-
ducted or carried on by any organization that shall *be
exempt under Section 501(c)(3) of the Internal Revenue Code
and its Regulations, now existing or hereafter amended, or
by any organization contributions to which are deductible
under Section 170(e)(2) of the Internal Revenue Code and
its Regulations, now existing or hereafter amended.
ARTICLE V
Membership
All individuals with interest in supporting the activi-
ties of the Corporation may be elected to membership on
approval of their application by the Board of Directors.
ARTICLE VI
Meetings
The annual membership meeting of this organization shall
be held on the 1st day of March each and every year except-
if such day be a legal holiday then .and. in that e• ae
Board of Directors shall fix the day but it shall not be
more than four weeks from the date fixed by these Bylaws.
The Secretary shall cause to be mailed to every member in
good standing at his address as it appears in the membership
roll book of this organization a notice telling the time and
the place of such annual meeting. The presence of not less
than two members shall constitute a quorum and shall be
necessary to conduct the business of this organization; but
a lesser number may adjourn the meeting for a period of not
more than four weeks from the date scheduled by these Bylaws
and the Secretary shall cause a notice of this scheduled
meeting to be sent to all those members who were not pre-
sent at the meeting originally called. A quorum as herein
before set forth shall be required at any adjourned meeting.
Special meetings of this organization may be called by
the president when he deems it for the best interest of the
organization. Notices of such meeting shall be mailed to
all members at their addresses as they appear in the mem-
bership roll book at least 1 day before the scheduled date
set for such special meeting. Such notice shall state the
reasons that such meeting has been called, the business to
be transacted at such meeting and by whom called.
At the request of two members of the Board of Directors
or ten members of the organization the President shall cause
a special meeting to be called but such request must be made
in writing at least 10 days before the requested scheduled
date.
No other business but that specified in the notice may
be transacted at such special meeting without the unanimous
consent of all present at such meeting.
ARTICLE VII
Voting
At all meetings, except for the election of officers all
votes shall be viva voce, except that for election of offi-
cers, ballots shall be provided and there shall not appear
any place on such ballot any mark or marking that might tend
to indicate the person who cast such ballot.
At any regular or special meeting, if a majority so
requires, any question may be voted upon in the manner and
style provided for election of officers.
.No inspector of election shall be a candidate for office
or shall be personally interested in the question voted
upon.
ARTICLE VIII
Board of Directors
The business of this organization shall be managed by a
Board of Directors consisting of three members. Each of the
directors elected shall. be a resident of the State of
Florida and a citizen of the United States.
The directors to be chosen for the ensuing year shall be
appointed by the Board of Directors of New Horizons
Community Mental Health Center, Inc.
The Board of Directors shall have the control and mana-
gement of the affairs and business of this organization.
Such Board of Directors shall only act in the name of the
organization when it shall be regularly convened by its
Chairman, after due notice to all the directors of such
meeting. Two of the members of the Board of Directors shall
constitute a quorum and the meetings of the Board of
Directors shall be held regularly on the second Tuesday of
each month.
Each director shall have one vote and such voting may
not be done by proxy.
The Board of Directors may make such. rules and regula-
tions covering its meetings as it may in its discretion
determine necessary.
Vacancies in the said Board of Directors shall be filled
by a vote of the majority of the remaining members of the
Board of Directors for the balance of the year.
The Chairman of the Board of Directors by virtue of his
office shall be the President of the organization. The
Board of Directors shall select from one of their number a
Vice -President, Secretary and Treasurer.
A director may be removed when sufficient cause exists
for such removal. The Board of Directors may entertain
charges against any director. A director may be represented
by counsel upon any removal hearing. The Board of Directors
shall adopt such rules as it may in its discretion consider
necessary for the best interests of the organization, for
this hearing
ARTICLE IX
Officers
The officers of the organization shall be as follows:
President, Vice President, Secretary and Treasurer, of
which officers any two may be held by one person.
By virtue of his office, the Chairman of the Board of
Directors shall be the President and shall preside at all
membership meetings. He shall present at each annual
meeting of the organization an annual report of the work of
the organization. He may be one of the officers or trustees
who may -sign the checks or drafts of the organization. He
shall have such powers as may be reasonably construed as
belonging to the chief executive of any organization.
The Vice President shall, in the event of the absence or
inability of the President to exercise his office, become
acting president of the organization with all the rights,
privileges and powers as if he had been.duly elected presi-
dent.
The Secretary shall keep the minutes and records of the.
organization in appropriate books. It shall be his duty to
file any certificate required by any statute, federal or
state. He shall give and serve all notices 'to members of
this organization. He shall- be the official custodian of
the records.and seal of this organization. He shall present
to the membership at any meetings and he shall submit to the
Board of Directors any communications which shall be
addressed to him as Secretary of the organization. He shall
attend to all correspondence of the organization and shall
exercise all duties incident to the office of Secretary.
The Treasurer shall have the care and custody of all
monies belonging to the organization and shall be respon-
sible for such monies or securities of the organization. He
shall cause Corporate funds to be deposited in a regular
business bank, trust company or a savings bank, except that
the Board of Directors may cause such funds to. be invest--
10470 a /
in such investments as shall be legal for a savings bank in
the State of Florida. He may be one of the officers to sign
checks or drafts of the organization. He shall render, as_
the Board of Directors shall determine, a written account of
the finances of the organization and such report shall be
physically affixed to the minutes of the Board of Directors
of such meeting. He shall exercise all duties incident to
the office of Treasurer.
Only members of the Board of Directors can be officers.
No director or officer shall for reason of his office be
entitled to receive any salary or compensation, but nothing
herein shall be construed to prevent an officer or director
for receiving any compensation from the organization for
duties other than as a director or officer.
ARTICLE X
Salaries
The Board of Directors shall hire and fix the compen-
sation of any and all employees which they in their discre-
tion may determine to be necessary in the conduct of the
business of the organization.
ARTICLE XI
Committees.
The Corporation shall have such committees as shall be
necessary for the conduct of the Corporation's business and
to accomplish its objects and purposes.
ARTICLE XII
Amendments
These bylaws may be altered, amended, repealed or added
to by an affirmative vote of not less than all members of
the Board of Directors.
ARTICLE XIII
Seal
.The Corporation shall have a seal of such design as may
be approved by the Board of Directors.
ARTICLE XIV
Indemnification
-The corporation may be empowered to indemnify any
officer or director, or any former officer or director, by a
majority vote of a quorum of directors, or by a majority
vote of a quorum of members, who were not parties to such
action, suit or proceeding, in the manner provided in
Section 607.014 of the Florida 'Statutes, as amended. If
such indemnification is authorized by the directors, expen-.
ses incurred in defending such civil or criminal action,
suit or proceeding may be paid by the corporation in advance
of the final disposition of such action, suit or proceeding
in the manner described in Subsection 5 of Section 607.014
of the Florida Statutes, as amended, upon receipt of an
undertaking by or on behalf of the director, officer,
employee or agent to repay such amount unless he or she is
found to be entitled to such indemnification.
104'70,
ARTICLE XV
Contracts, Checks, Deposits
Section 1. Contracts.
The Hoard of Directors may authorize any officer or
agent of the Corporation to enter into any contract or to
execute and deliver any instrument or document on behalf of .
the Corporation, which authority may be general or specific.
Section 2. Deposits.
All funds received by the Corporation shall be deposited
to the credit of the Corporation in such banks or other
depositories as may be approved and authorized by the direc-
tors.
Section 3. Checks.
All checks, drafts, or any authorization for the payment
of any notes, sums of money, or other evidence of debt
issued in the name of the Corporation shall be signed by
such officers or agents as shall from time to time be
designated and determined by the Board of Directors. Unless
otherwise authorized, such instruments shall be signed by
the Treasurer, or an Assistant Treasurer, and the President
or the Vice President.
ARTICLE XVI
Records
The Corporation shall maintain correct and proper books
and records and shall keep minutes of all the meetings of
the members and Hoard of Directors, at the principal office
of the Corporation. All such records may be inspected by
any director member, or the agent or attorney of either, or
any proper person, at any reasonable time.
10470 a3
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(.,ruz - Mark Assocititen
krchitel•ts Planners Owner Representatotl�
23 February 1988
NEW HORIZONS COMMUNITY MENTAL HEAI_114
Group Homes 1
Existing District RG 1/3
Proposed District RG 2/4 General Residential
ZONING RESTRICTIONS CALCULATION
NET LAND AREA
- 200
x 142.5
- '9,500.00
S.F. (1.52 Acres)
STRE"T AREA
- 200
x 25.0
- F,000.00
S.F.
- 25
X 142.5
= 2,137.50
S.F.
15
x 25.0
- 375.00
S.F.
TOT-,. GROSS r_AND
i, .012.50
S.F.
LUI •.•STING
.53
'AA�
TOTA' BUILDING, G.S.F'.
=,200.00
S.F. Apprn),
ALLOWA6:= ?ROPOSED
MAX.P.ES'.FI_R.
36,01i.5 x .49 (F.A.R.) 17,6,16.12
MIN. -)PEN SPACE
3 6 , C , 2 . 5 x .71 - 25,ScA.B
LIV. 'ACE.
36, �.5 x .41 - 14,765.1..
P &Ri . �Ir, :2EQ' D
1 Ro -.'.
Bence x
RECr=:.ATION-SPAC
36,1`'
5 x .06
2,160.1
BUT!_
' NG HEIGHT
30'
FIXF
YARD RE010
;r^,.
yard
20'_�
int.
,;he yard
-
{ear•
. and
; � -
.:i d
.-and ; _ t r e e t ",c;...
i ` -
:c:
_. Sarver
"ridgy
:._. Star.'
lie 8307
:,200.00
- ,638.00
g
-,138.00
_o„
_0.�
_ 1011
Appr:)r .
10470
:Cruz - Stark "k-ssoci:.ites
\rrhitevin Planners Ownr!r Represen(ativex
23 February 1968
Proposed District RG 2/4 General Residential
REGISTRATION INFORMATION:
1. Name of the sponsoring organization, i" any.
New Horizons Community Mental Health r,,nter.-Group Homes-1
2. Name of the facility operator.
New Horizons Community Mental Health Center-Gr,oup Homes-1
3. Street address of the facility.
N.W. 60th Street & N.W. 1st Avenue
4. Type of program to be offered by the facility.
Community Based Residential Facility fnr.the Mentally ill
5. Maximum number of oersons who will livo at facility.
.16 Persons
5. irovernmental autho,ization to operate the facility,
HUD
RECREATION OPEN SPACE:
ALLUOED :
150 >l.ft. for each 18 :ears of age or olr 2,250 S.F.
PRO=,ISED:
OFFJTREET PARKING:
REO':'?ED:
One .,ffstr.eet oarkiny pace for each sta? - member and one offstreet
spar"� For each four reci•lents shall be prr-.1ded.
PRO 'OE^:
15 sidents/4 Residen,:. parking spaces.
7 `i:. `f members; (3 P-,,•!ir full-time. Z -t-time as needed) staff
memr•,r parkina spaces.
NOT
Rer.... i on of parki no -es i s pro;'^sc:i all seven empl oyr?r?s. wi l l
no:. 2 wnrkinc simulti,- ^usly it cive, ime.
104"70,
f ,
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : DATE : October 4 1988 FILE
Gloria Fox, Chief
Hearing Boards Division §U6Ecr
New Horizons Group Home #1,
Inc., City Commission of
August 8, 1988, Reso. 88-757,
FROM : iriam Maer REFERENCES : 88-758 Ordinance 10469
Assistant City Attorney and Ordinance 10470
ENCLOSURES: (one)
Enclosed please find the original covenant for recordation,
in the above -referenced matter.
GMM/rcl/P453
enclosure
cc: Edith Fuentes, Director
Building & Zoning Department
Joseph Genuardi
Zoning Administrator
Guillermo Olmedillo
Deputy Director
Planning Department
Sergio Rodriguez
Assistant City Manager
James Kay
Chief Design Engineer
Public works Department
Matty Hirai
City Clerk
L