HomeMy WebLinkAboutR-88-0757J-88-300(a)
6/23/89
RE8OLUTION NO. W-757
A RESOLUTION REVERSING THE DECISION OF TNd
ZONING BOARD AND GRANTING A VARIANCE PROM
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 il), 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)i 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 TNO
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 forthi 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 forthi
NON, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF "S CITY
or W"I, FL"IDAI" }
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Section 1. That the decision of the Miami Zoning Board in
this matter is reversed and the request for a variance from
Ordinance No. 9S00, 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 lot
Avenue, Miami, Florida, more particularly described as Lots 1S-18
inclusive, Block 2, ROCKMOOR PARK 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 S9th
Street; 1,467' from the existing CBRF Facility at 62SO Northeast
lot Place and 1,472.3' from the existing CORP Facility at 128
Northeast 63rd Streets (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 Sth _ day of Auaust , 1980.
A :
RATTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
G. NARR
Assistant City Attorney
Cit3J Attorne
GMN/tcl/N697
zlo� 11 42'r
VIER L. S z, MAYOR
NORM AND CORRBCTNBSS s
I
CITY OF MIAMI. FLORIDA
n�•of�t Mt�o�MouM
Chief
October 4, lft•
Gioria At
R"E
Hearing bards Division
r iriem aer
Assistant City Attorney
s cr New horizons Group Sows U,
tnc., city commission of
August It 1968, "so. 88-757,
,E Iwncea 91-7SA Ordinance 10469
and Ordinance 10470
Ewaowlwa (one)
enclosed please find the original covenant for recordation,
in the above -referenced natter.
GMn/rcl/P4S3
enclosure
ect edith Fuentes, Director
building a Zoning Department
Joseph Genuardi
Zoning Administrator
Guillermo Olmedillo
Deputy Director
Planning Department
Sergio Rodrigues
Assistant City Manager
James Ray
Chief Design engineer
Public works Department
natty Hirai
City Clerk
e^r,
Yt
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VIM
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DIDCLARATIOM OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants by M1
WORISOM GROUP HOME 11, INC., a Florida corporation ("owner") in
favor of the City of Miami, Florida, a municipality of the State
of Florida.
wITHESSETH
wHEREW, the Owners hold fee simple title to certain
property in the City of Miami ("the City') consisting of LOTS 15
- 1S inclusive, BLOCK 2, ROCKMOOR PARR 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
Residentialt 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 41, INC., facility to residents of the
City of Miami.
B. Amendment and Modification. This instrument may be
srodified, 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 =Aif ed#
amended or released, the Director of the Planning Department or
his successor, shall execute a written instrument in rseeorlablo
forth effectuating and acknowledging such modification, �t
or release.
C. Tess of Covenant. This voluntary cov+eaant ap tM
part of the Owners shall remain in full force and eftoct '
m �r�
p
t
shall be binding upon the Owners, their successors and assigns
for an initial period of thirty 430► 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 ecimf lied
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. Severabilitj. 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 �, 1988.
Nitnssses: N= MORISON$ anwr HONE #18 =C„
a Florida corporati
• r'K. sm • by
ro$
!PATS or FLORIDA 1
1
COMY or DAN 1
SWOp2 Ha, the undersigned authority, personally
appeared Optelia Imms , the President of New Morison
Group Maxie 01, Inc., who acknowledged on this 23th day Of
h4pAt , 19890 that she had the authority to execute
the foregoinq instr�nt for the purposes expressed therein.
MIRA
motary C ,MaWor
My Comission Sxpires:
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ZONING FACT SHEET
LOCATION/LEGAL Approximately 101-125 NW 60 Street and
Approximately 6000-6024 NW 1 Avenue
Lots 15-18 inclusive
Block 2
ROCKMOOR PARK TRACT (4-190) P.R.O.C.
AMICANT/OWNER Now Horizons Group Home #1
Ophelia Barnes, President
1469 NW 36 Street
Niami, FL 33142 Phone# 635-0366
ZONING RG-1/3 General Residential (One and Two Family)
REQUEST Variance from Ordinance 9500, as amended, the
Zoning Ordinance of the City of Miami, Article
209 Section 20349 Subsection 2034.2.2.1
'Cowunity Based Residential Facilities -location
Standards' to allow the operation of a Cbmanity
Based Residential Facility (CBW) on above sinefs
as per plans on file (New Horizons Group 1Ww
01) , which is located 499.92' from the a dot
CBRF facility at 126-160 NW 59 Street; 1.1i"�
from the existing CBRF facility at 6260 NE 1
RECOM#NOATIONS
PLANN 1 NG OEPARTNENtT
<. 9
gay_r
Place; and 1,472.3' from the existing CIF
facility at 128 NE 63 Street (1.825' miniow
distance between facilities respired)..'
subject to approval by the City Commission e
change of zoning from RG-1/3 General Residerr)`r
(One and Two Fwi ly) to RG-2/4 Geraal''
Residential.
j.
VIAL. There is no hardship to Justifyat
,= t
variance to waive they
n �i r MKS between Comunity
Facilities (OW)e
is
rem i rement is 19US O app"XIM'4aly the
blocks. To provide 499.M' to r tft
facility and 14671 and 147E' }ice thR rr
it • pfopepd. wINA d �1 " "k
Woprld owlir be eepaPateM ♦ -
on! (1) 01$0':-Jn the aiih 0
fSell ity, a$d 1 "I than thr" lr
other two* which is not sate
kk rs
Ars
-I's
PUBLIC WORKS
DADE COUNTY PUBLIC WORKS
ZONING BOARD
CITY COMMISSION
is approved as requested, the result would be a
large concentration of residents in a Particular
geographical tone which would impact living
conditions of the adjacent residential
neighborhood. Ordinance 10378, passed on Second
Reading January 28th, 19889 prohibited Variances
from Section 2034 - Comounity Based Residential
Facilities; therefore, no more applications have
been accepted after the above Ordinance took
effect on February 28th, 1988.
No comments.
No comments.
At its nesting of April 4, 19", the Zoning board
adopted Resolution ZB 47-88, by a vote of 8 to 1,
denying the above.
Tea proponents present at the bearing.
Three replies in favor and six objections
were received by sail.
At its meeting of May 19, 1988, the City
Commission continued the above to its meeting of
June 23, 1968.
At its meeting of June 23, 1988, the City
Comoission continued the above to its meeting
of July 21, 1988.
At its meeting of July 21, 1988. the City
Commission continued action on ;.the above.
HISTORY w
Planning 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 throw 18
PLANNING AND ZONING BOARD
CITY COMMISSION 2/17/54
CITY COMMISSION 3/3/S4
Planning Board Meeting 1/GJi6
REQUEST
PLANNING OEPARTHM
PLANNING BOARD
CITY COMMISSION V14/46
for off-street parking.
Rec -me -do Resolution 5556. E
Passed on First Reading.
Approved on Second Reading.
Coeditioaal 4se to pareit W1
playground area of the Firgg J4140% _ moor;
a 6' high fence, 4' high fM* piii i
R-R district.
ry�I.
Approval.*
R�cabaended Conditional I, t. 4 ..
klow 400itional .tf �.
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PETITION FOR VARIANCE
File Number V—
A variance is relazation of the terms of the ordinance where such action will not be
contrary to the public interest and where, owing to conditions peculiar to the
property and not the remit of actions of the UPPLICM14 literal enforcement of Oft
aralfrtartce wa dd result to unnecessary and wtdue hardship an the property. As und in
tads ordinance, a variance fs authorized only for height, ono, stye of ,
dlm wu ions of yards grid other open spaces and o f f street =44rtg or 1000149
zvariaince
(Section3101)1,10r r Sid Iweby petition the City of Miami Zff tqQoara or a rant the ter o the "Zoning O of Miand;
affecting property located at - / 1./rrV:Vq#V5! Miami, as
specified below. ArffA. 4000-60.2ft W .
In ppor"
of this application, the following material is submitted with this oppiicatiom
I. Two copies of a survey of the property pi atate of Florida Registered
by S
Land Surveyor.
/2. Four copies of: the site plan showing (as required) property boundaries, ea hAW
Of any) and proposed structure(s), parking, landscaping, etc; building ehrostiant
and dimensions and computations of lot area (gross cnd net), building spacing, LL4
ratios, and height envelope.
=/3. Affidavits disclosing ownership of property covered by application and disclosure
of interest form (Forms 4-83 and 4a83, attach to application).
4. Certified list of owners of roof estate within 37Y radius from the outside
boundaries of property covered by this application. Form 6413 and attach to
application.)
L// S. At least two photographs that snow the entire property (lanai ar.J improvemwvts%
_ S. Other (Specify)
7. Fee of $_ , stc apply toward the cost of processing, based of the foltowk*
(a) RS, RG- I $ 100.00
(b) For penetration of Plane Ili xµ`
by antennas and the like $300.00
:.11 other applications for a
�0.03 per sq f t. of Hoar arm at
each request variance �
from the
W'v charge equalordinance
appliccble fee from to -W above, not tq
�� to bo refunded if there is no. appeal. (City CWk ,, $$4hW •`<`
L The Vat !or raqua! ad is for relief from the provisions of Section of
the City of Miami Zoning Ordinance as followst
c� r'i t1Vj Ce.-�reri(. C11'1"0 �t t c� SteTia3t, 2a3y, 5a63ec hk
�c3yr. Z2.l "CfWOxu�i
LoCa4i&IL S-� *17a 3. ..._. Q -jra C; /I' S`ioo�a%n/ef'
Pro P05 e.c( 1/f 9. 9'J
&4 7 L.
?$-or c6a 1 y 10-,
!. in support of this application, the applicant is prepared to offer the following
evidence, an the point ernxnerated at Subsection 3103.1 of the City of MkW
Zoning Ordinance
NOW This application cannot be accepted for Zwft Board. nation union .4 of ;ths
f ouowing sir items are Complete&
(a) Special conditions and cirmnWonees exist which are peculiar to the land,
structure, or building involved and which ore not applicable to other Wins,
structures, or buildings in the same Zoning district in that: (list evidence to
be produced and use additional sheets, if necessary.)
n��ded 5�rr'+coy Ir tnds rCs 5c'f� � cert exee�jefie/%✓ f�c'�/ac.r��� 1�►
A;IF Cs.�ntNi1/ Ste ✓iec. Pre •)Pe rh IJi� flit �Il�A►„yv�1 u.-Mbe f ef'
A
il
.._,� (b) The special conditions and circumstances do not rmAt frorn #W `x
the petitioner in that:
LL �i� �� / 41
141' 'n lilt / i�I-Cil N S � arcw.✓ t� •wit �N al�r/ *��
airs , r d -A! - r" to14-► •Afl,/� w f r~ � i � �•► � y •lilt � � R
y t u IL a b r,+•ii !-� u .,fir 41-Itl a r c K.. ,,� 5
(e) Literal interpretation of the provisions of the zoning ordinance would deprhre
On applicant of rights commonly enjoy by other properties in the same
zoning district under the teems of the zoning ordinance and would work
wvwcessorr and undue harcWps am the petitioner in that:
77�ic d �'s n y . �''� �,:.rf ere vro n.� 4e vs a 4�-- �e Pic P : h( OS a-
(!4itgrvyA& 1;✓,«ty f-ac,/,ty eve nor ne,09brr, of 10vrt�**s prefcsea( fir'
4A C s-�a�;l► •`Tree: R,c j cct' be �k�fr�/card /./���.1 �e�✓e Art A.
Very Pc3 +v'c W" -tv CtcW re n S.rwtc a jF twee' eresD:•V� e,,,W ffl�
• ri e�� • —file- .�e�riic� iris r't f+r e:.� - "ro vie, Ale*rK atl clififa eesS a r
hamals In P C n� t .s 4q a vt c VU- 4at' i t 4ja el of e Sewe
Pa35i 6,'4;4� v4-- lDSiirf 4 s A40 &Ojec-
aK m4u .3da Str ✓its'
161w V✓ic-an-le, � rdabf c �lcusi�9.
(di Granting the variance requested will not confer an the petftioner any :p.eiai
privilege that is denied by the Zordng ordinarus to other lands, buildkgs, or
structures in the same toning' district in that: / / ,,C l
CsTLt e Prc r �'iC s / �I ,ors: -�'ct�� i�r de' 3 ?`r� c- & 4a.dt r t,rrt
P L
9ra n+cjl Va r r a n.C-eS -�r 5,�►,/a r �ct rP c � c•� .� - 'a,
(e) The variance, if granted, is the mkdn xn vorione a thet wilt � -1
.�.J reasonable use of the 1aund, building, or structure in that:
/ / £ ✓Q rl 'a oec L (� �' �''S C d J T��C ♦ IT/ /!i /!t' �/%1%� �•Ilf. �C,r� i`a► . _'.
!.1 w -}-fit F a�► C � 5���j c L� c t t i+-� r �. C..t�if#rig,/CO
K 5c: d ��1 �= Se�e:iZ' Ti l..i� L , ��� �1 C e•'�r' tL Li. !�� Al 4,*t. #4
(f) The groat of the variance will be in 1winany with the general intent a
purpose of the Zoning Ordinance4 and will not be injurious to f
neighbori�ood, or otherwise detrimental to the public welfare.
i rn Prn a r c -AO- &Pre a ra lice .o -4r- �r&,ee s �fc atMo( �l-ir t.
- 9�rtrrn.% un�, a-nd �ro✓� �. arc �rJ✓a.f�a,�i�e .St•�✓ic �.
Notes All doctm WIM reports, 10"w6s, ashtblts ar Other wrtttpt orW 41a material to
u6nMed to the Zoning Board shalt be mb uttttd with sts
-ft
60/90r,aftire,
STATE OF FLORIDA) SS:
COUNTY OF DADE )
&e5;,ArC being dui a
says that he IS the utnori=ed Agent at Uwnitr) of the real ptaperty desdbed
answer to question 01, above; that he has read the foregoing answers and that the $IN, ie o
true and complete; and (if acting as ant for owner) that he has authority to *aerate tl
petition on behalf of the owner. _ J/1 /l
-SWORN TO AND SUBSCRIBED
s +e this 1G� day of
Pr�s.t AwAri8olx
##
MY COMMISSION EXPIRES: 4w,,,11,,,, anMe 16Ei IMV It. Ism
� "" SM&W 0�0 w.w.�
F�rA1 !
+j7
0
AFFIDAVIT
•
Ware so the el734md twx did paesoaauy
A ,tl es. Al, a/d f . %ft b§U* br Me f4 "It ate, .=%.
qa oeoeh. depam= mad M s:
L That he is the mw. or the lmpl repc,.a malve of the
MW, t the :W��CW:j M fot a pjbllc hMMM= as
6ag431d by *-& a @ No. 95M of the Cods of the City Of Mlasi. F'lotU&
mttaet!=_g the rael pr ;= ,. f I ocstad in the City of Mined as dasaribed aid
listed on the paps a=ub d to this iffldavit and mode a part thwvaf.
L MM all areas widch he repm'aaant .. If mzW, have given thadr
!till and ccuWate pasiso= for tda to act in their behalf for the cams
ac a "V!! =.an of a claasiN ==1 on or mWdul m of maing w r cr. C-0. An
the me---Zswam Tvwt=
3: 'mat the palms attacb d bsrato mod mods a pert of this
alridsTiL mco min the csaTeat aeeees., meiliaddrmmuss. phcsee mbar'! and
2001 daaC-+Maas for the rant property Wdch�be is thm Arer or lapel
1e.
b. The facts 'as wed in the mph.;cal:i= and doamm
arbmiztad in ...= rdth this affidavit are trsse and carrsct.
x
Jwwr to mod .Ud before me
%us._dhof ;Xjs. 19 I.-
l car�C,� di.c. state of F'l eta az Ida
...
MMw MKaa atlas M /wm
w MMMmmmi� w Ana is.tM1
M me NMK in. on.
is
(NMI
re,, Wea/Arfdwcs Grote/ l�t'�
E
AFFIDAVIT
i
0-tv •
�Lbrs s. the a 'it7. t= UT pwowauT
+rho bait; 57 Ms i''-M duly MOM.
tM aaA. dopoor and says:
1• Mm he is the 71 w. or the 1401 repnaaatstiTa of the
asr. s tdVs- the acpmm g 14 p 9 @MW 4 pm!e1An foc a MW 4 heari� as
t�gtstred by No. 95M of the Cods of the City of Mod. Flrordda.
WTo= ; the ral prop@m7 locatad 3n the MtT of Mlamd as daacribad at
13stad an tbm papa &=ached to this affidavit and made a part tt wvd.
L 'Bet all caoars which he :: =W, have giTan their
fbU sad cool ata perad sst+on for hfm to act in their bdmlf far rAG chaop
w W".. "=cj= of a class= :=i on or rgpint m oT wining ar. Itt*.: W- in
the oc----+ai tom' •
;: Mat the pWa attacm d harato and merle a part af this
amdzrit cmtain the CMTM noes. m.3Un oddramsas• mftm and
laal desc-+ tiaos for the real prcpu%T %ftch�be is tte OwAr ar lapl
r�aa::tatiTs.
b. Ma fam -as in the and doeasNM
subdttad in ...on with this affidavit are tz and Correct•
ft i AM= say'ath met.
A o�rs,. w and bsar�ad baf=v me
tlds :a • dsy of 19
� was Wn M now
w aMMMM� MAN 13.1091
m
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elf GrO✓/ /Awc
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fAM"•t 1 tR
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riti 1 in4 Andre:: I ir�9 1P�`✓ G Si�kr �f _ �iIf mu. _. 33 /!V,L
Telephone Nu■ber
Legal Oescrtption:
lobs E' • &41Wr nrk 7recf;.
Owlet' ! Nm
Mailing Address
Telepho•e Number
Legal Description:
Owner's Nm
Mai l i nq Address
Telephone Nober
Legal Description:
Any other real estate property owned individually. jointly, or severally
(by -corporation, partnership or privately) within 373' of the subjeCt
sits is listed as follows:
Street Address Leval Oescriotion
hleolile,
Street Address
Street Address
dMINO
7
Legal Oescriotion
LepaI Oescriotism
-
P
I�
0 •
r
..• •• 1 "T •,. .iA*iL�1 9-
1. tAgaL dretiptum and saint address of awlect real pemWel
LZI� IS, /t, /7e c� .l�' feckma*r Pr1C o�t't•
Pe 4f, Payf. %qo
— A#% i e/-1js Nw/ 6o s* rr tad' AW X • 600a - `owWW 11tA t .
2. Owewsrt a t of wa)j= real pMpstty ad - percentage of own.. wig.
Vote: City of .41mi Oedinswe No. MIS re*Am dise3rosue+e of all pasties
EWuwg a finaoaial interaet, either direct or indirect, in the awject
matter of a presentation* request or petition to the City Cos fission.
hoovrdingly, question t2 requires disclosure of all shareholders of
mgmml. benaficiatiar of trusts, =Wor any other itOP-W ted pasties.
together •with their addsesees and psvpoetiaesaeta iatae+sst.
NeW Ilirtimn.S Greve #&Me. '*Z — /doo' .adole�s,C';P
H L S NW 34 3Tree &, Min mt.Z , ,CL 3 3 iy2
A Net- Far_ Pr 0 f it C.a r Fo r e4ia e .
'• 9 ;w AL 33/ft
Q oPh t/ a. Bct rues �t �t� � .le/t� /�/� �/w/ ,�L S�' 7�1
oPa t_o K 4 L,' 33
® and I e. �d Kehl Nkc d" V e7 -#W SJt•, m is ou'., AL 33136
3. L04W drscriptiat ad street adclran* of any teal proper-- (-,)
om od by any putt' listed in answer to question •2. mW (b) :cxm rAd a i.tua
M teat of the sW jets real peopecty.
r
bad duly aam" deposes and
-w" talc no ss toe % =C torney or Omaet) of the real psvperty
6eseribsd in answer to gawtim il, aboves that he has send the foeegodreq
aewswees. and that time sane ass tens and aamplatts and (if 2et4 as
Um ow wr ) that he has authority to ter cur this Oiselosnee of Owewerandp
fbm om behalf of the mews=.
w AND maoczm
me this
dw � •
•• ,i i.M ►• • •
� Or
amm of
00*0 &wpm ad
'RIK. F xh, =a
up VA &A G"Y OMW gO dFj lAd .0,0 al ZAWWr-f
=!=A emba
the ov� of the Z*" PBWWW.Y doillm &A snow W L 0 v
am he has Cud do 909spin womer" that the s an tv" ad com-
PLO"$ ad thm to ho an aNdwity to memo toss19 awrinw-
ddV 2M OR wait Ot dw M� a A
�wm
bd= W thft NO
aw G� # LNW.o
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9.
46
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71091" at i..ie4.
V 13
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VI 4 4
i
• ■
BOARD Or DZRACTWO `
at a regular meting of the Board of Directors of M
M uZOMS QRoup Mm !1, 13C., a Florida not-for-profit-
oorposation, hereinafter referred to as the "Corporation" the
following actions by unanimous consent were hereby taken and
adopted:
XUMVSD, as follow:
1. 'that all the terns of off Las of the correct Board is!
Directors of New !orisons Group tots 91, =Wtl, r
to be in full twos and offect until thm ro$LGW MA as*
subsequently replaced in aacordaose witb the z
the corporation.
,any
2. That all current • officers shall remain Ln, , ,
to wits,- �.
Opbelia Harms. President 4 �`
annio Adkar , Vice president
53
David William, Secretary }
That the above Directors' rosolation WO *dr Wd- s
r-
larly enacted at a Meeting of the Board of Oireatoss h.
that purpose and held in accordance with the by-laws of "tom
Corporation and the statutes of the State of Florida.
p Y
MS f i have a at..> 'AW
40
t
00 d of Direatec i g µs
Mss Hof ab ! CAS► i�M►
y#�I►t'o#ttY � 19dd. .n� � .f
!'
CJ
ASOM ZOM BY MOLAt l MMN Or
WARD OF DZS+ ,= •:
OW SIMSOM9 GBOOP +1, INC.
At a regular rating of the Board of Directors of M
MZZOXS G100P SM #1, nx. , a Florida not-for-profit-
aosporation, hereinafter referred to as the 'Corporation• the
following actions by unanimous consent were hereby taken and
adopted:
RUMV2D, as follows$
1. That am Horizons Group "M 91, Inc. shall submit a
petition for a zoning variance frog the City of Mani.
2. That the Board of Directors give Ophalia Barnes,
President, ll the fupower and antboritx to do M4 ppe�rc
fora'all and every act and thing wbatsoover
and necessary to be done to effect said Boning variaNe.
That the above Directors' resolution was duly and rolu-
larly enacted at a Meeting of the Board of Directors called for
that purpose and held in accordance with the br-laws of t!w w:
Corporation and the statutes of the State of Florida.
Dated: February O;U ,1988.
BY
Pre dent, Board of Directors.
to NZman Mi1Bed OF , Z have of f is�d we ems►
tbi +I
the Bowof Oirettars of this Corporation
FebruaF3t � �► ':
_. MIN
4
7,1
L
ARTZCUS OF INCORPORATION
%+
or
NEN HORIZONS GROUP HOME 11, INC.
�
�r'•1
N
This is to certify that we, the undersigned,
all beieq
c3
full
legal age, do hereby associate ourselves for the
purpose of foraing a
nonprofit Corporation under and by virtue of the
law of the
State of
Florida and further certify thats
ARTICLE I
(a) The name of the Corporation iss
NEw sonzous amp NOIRE tl, nc. ,
referred to as "the Corporation'
(b) The esistance of the Corporation will be permanent
(a) The principal office of the Corporation will be located at:
1464 N.V. 36 St., Miami, Florida 33142
(d) The resident agent of the corporation iss
Sennett sovarnick, Esq.
whose post office address iss 5355 Tow Center Road, ate $02
coca Raton, Florida 33406
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 t:c'_ hoaltb,
security, happiness and usefulness in longer Livia,,!,, the
charges for such facilities and services to be predicatafA
upon the provision, srintenance ad operation thereof as s
nonprofit basis.
(b) The Corporation is irrevocably dedicated to and apl:
exclusively for nonprofit purposes t and no part- o9
income
or assets of the Corporation $ball be distsibslUA, s ,
not inure to the benefit of , any individual.
il
IXNMi 7 - Sonewan L"d COWMNNW SM
IU Now Ho Isom Omm Haar 0 1. WL has bm SoNhil" IW
do Now HwbCOMMMOW Mmd Haft COW. IML
Ausdod an lotion Of ss00ort fmm vu aka of do I"
--m—ty, Isehifts do fourwiw.
Oworss nt ofmak:
Costranom Clow& IPOOM
mdu WA and"
stall of Fkwml6 D"L Of me"
Mou"Aft Door. Of It - I boa. ambe of dw obsom
MsWo4Mft Dept, of Haw Romwm& OfAOO Of 50*900
Alda..oa
twsw Con" of &" Florida
Ulumi. Deft CAMEs"Y C~
clvk chm
tfslta Test ram
psNa "wias Cmmwft Annia" of Daft CMW
Mrslyr ma HOm*w
MIUM caludw for cm to Homews
YMO CD-00. ML
umm wit 41f Deft con"
com Wy AUI=m for tiO MO M'L'
HaAnociadW at ba:dsu&zo
" l �v fit
t* t t^ln
:AIM vvy
a to t.;4c"fat of
A
ot"m
jn� - 7_17i
3 gal. _tf
14
P " �I_w W'j!;PFj'
I
W
A
ARTICLE III
The Corporation is estpowered c
(a) To buy, own, sell, assign, mortgage or lease any interest in
real estate and personal property and to construct, saintain
and operate improves►ents thereon necessary or incident to the
accomplishment of the purposes set forth in Article It
hereof, but solely in connection with a project assisted
under Section 202 of the dousing 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 accomplisb
the purposes of the Corporation, including the execution of a
Regulatory Agreement with the Secretary of Housinq 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 Agreesent and other instruments and
undertakings shall remain binding upon the Corporation, its
successors and assigns, so long an a mortgage an the
Corporation's property is hold by the Secretary of Bousiaq
and Urban Development.
(d) In the event of the dissolution of the
Corporation or
the
winding up of its affairs, or other
liquidation at
its
assets, the Corporation's property shall
not be conveyed
to
any organisation 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 organisation or organisations created and operated
for
nonprofit purposes similar to those of the Corporation, otMr
than one created for religious purposes s
MMOVIM # boM@W_W*
that the Corporation shall at all tisres
have the PROW
convey any or all of its property to the Secretary of M
and Urban Development.
ARTICLE IV
The nWWMr of directors of the Corporation sball be three (3
shall be elected b: -he MWAbers of the Corporatism tM
bersbip. Tba d►ir Ctoss of the Corporation s aC, %
h
bars of the Corporation. No nonmember of the Corporation my 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.N. Sth Street, Miami, FL 33136 subsequently replaced
3. David Williams, Director 1 year or until
13723 N.N. 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 autosiatic 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 tits
Articles or of the
Regulatory Agreement between
the Corporation sid
the Secretary of Housingand Urban Development rswu�t to Article L pme pu Z
hereof.
+oh
:1
ARTICLE VI`
So long as a mortgage on the Corporation's rteWtr is WA,
Secretary of Housing and Urban Dwelopment, than tbaw
I
t
r ,
j
llOt be ameed•d without the prior Written approval Of the sal4
learetary.
Signed by • incorporators this .1 /1t daY Of MaY, 1987.
.awes
ti-I-JuAlukkAR
,. Pw
1�i
Som" TO SUBSCRIM bet • N
this Y of
�9Y c , State o or at
•
MY CaNission tspirea:
war M W sett w RMWN
_.� .. . .
RAVING RZEN MR= TO ACCEPT SERVICE Or p#ACXSS MR TU A@OVZ STAIW
COMPOMATION, AT TU PLACZ CUICKATED in TKIS CXRTZFZCATS, Z �Y
AMU TO ACT IN =IS CAPACITY, An I MMWR Ann TO COMPLY WM Tn
PROVISIONS or ALL STATUTES RRLATIVR TO TSE PMOPZR AND C0WLm
MOMMA= OF MY DUTIES, AND I ACCEPT TEZ DUTIES AND ORWQATIO= Or
SZCTION 607.323 FL MiDA STATUTES . y.
CATZ
A
Ar tad
x
0
i
MMANS
of
WN HORIZONS GROUP NONs oil Inc.
a Florida Non -Profit Corporation
ARTICLE I
Name
The name of the Corporation shall be UK NORIZONS GArOUIP
N" i1, INC. -
ARTICLE II
Principal Office
The principal office of this Corporation shall be
located at: 1469 N.M. 36 St., Niami, Florida 33142, County
of Dade, State of Florida.
ARTICLE III
Purposes
The purposes for which this Corporation is formed are as-
followss
(a) for the advancement of charitable, educational, amw
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 organisation under Section 501(c) (3) of the Internal
Revenue Cadet as amended, or under any corresponding provi-
sions of any subsequent federal tax laws covering the
distributions to organisations 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 am -
ducted or carried on by any organisation that shall be
exempt under Section 501(c)(3) of the Internal Revenue Code
and its Regulations, now existinq or hereafter ascended, 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 sv rting the tivi-
st
ties of the Corporation y be elseaa
to �ro" 4Mt
approval of their application by the bard of Direatere.
ARTICLE VI
Neetlaga -
<_.- •.ram
The annual ■esberahip Meting of its .or�ae#sat+ior�
d
be bold on the 1st day of jWoh each ,Tend ;
if such day be a legst hoiltday ' -am U� _: vs'
board of Directors shall fix the day but it �� �r
0 0
00to than four weeks from the date fixed by those 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 organisation 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 organisation; 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 not forth shall be required at any adjourned meeting.
Special meetings of this organisation 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
not 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 ton members of the organisation 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 ma;
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 markinq that might tend
to indicate the person who cast such ballot.
At any regular or special meeting, if a majority so
requires, any question my 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 organisation shall be managed by a
Board of Directors consisting of three members. Eacb 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 Now Horizons
Community Mental Health Center, Inc.
The Board of Directors shall have the control and mana-
gement of the affairs and business of this organisation.
Such Board of Directors shall only act in the nave of the
organisation when it shall be regularly convened by ith
Chairman,, after due notice to all the directors of MWh
meeting. Two of the members of the Board of Directmrs oMtl
• 0
constitute a quorum and the mostings 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 requla-
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 retaining 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 ILL
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. Be 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 my 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. as shall give and serve all notices to members of
this organization. as shall be the official custodian of
the records and seal of this organisation. tie shall present
to the membership at soy meetings and he shall submit to the
Board of Directors any communications which shall be
addressed to him as Secretary of the organisation. Be shall
attend to all correspondence of the organisation 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 roapA-
sible for such monies or securities of the organisation* yo
shall cause Corporate funds to be de"sited in a regular
business bank, trust company or a saving9s bank, exaopt that
the Board of Directors may cause such tuads to be inve#t"M
0 0
in such investments as shall be legal for a savings bank in
the state of Florida. Be may be one of the officers to sign
checks or drafts of the organisation. He shall render, as
the Board of Directors shall determine, a written account of
the finances of the organisation 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 organisation for
duties other than as a director or officer.
ARTICLE X
Salaries
The Board of Directors shall hire and six 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 organisation.
ARTICLE XI
Commi ttees .
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 f irmative 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 minty
be approved by the Board of Directors.
ARTICLE XIV
Indemnification
The corporation may be empowered to indomaLty 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, ma aMR4ed. if
such indemnification is authorised by the directors, �cpe�a-
sea incurred in defending such civil or criminal aatioo,
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 S of Section 607.014
of the Florida Statutes, as amended, upon receipt of an
d
undertaking by or on behalf of the director. 41ticer,
`
employee or agent to repay such amount unless be or she Le
found to be entitled to such indemnification.
ARTICLi Xv
Contracts, Checks, Deposits
Section 1. Contracts.
The Board of Directors may authorise any officer or
pent of the Corporation to enter into any contract or to
ameaute and deliver any instrument or document on behalf of
the Corporation, which authority way 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 authorised by the direc-
tors.
Section 3. Checks.
All cbecks, drafts, or any authorisation for the payment
of any notes, suns of money, or other evidence of debt
issued La the nasie of the Corporation shall be signed by
such off Leers or agents as shall from tier to time be
designated and determined by the Board of Directors. Unless
otherwise authorised, such instrumens 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 mretioge of
the
members and Board of Directors,
at the
principal office
of
the Corporation. All such records may
be inspeoted by
any
director member, or the agent or
attorney of either, at
any
proper person, at any reasonable
time.
i
z� s�1r Y
' .a'o-«° .; ��rM�.F . «. ., ..:.ram.. , ,�?aAic+M,;�.a�w•e
4 �
F
r... `
1
Cruz - Stark Ao*4)4�iutr.i
jkrrhmi IV Plaewen 0wwer Rror""!4tj%0
23 February 1958
NEW NORIIONS COM MITY WINTAL ►IEALT►+
Croup Hawes i
Existing District RG 113
Proposed District RG 2/4
op
Unersl Residential
ZONING RESTRICTIONS CALCtILATION
N ET LAND AREA
- t1 x 1<<.S
2p
.'a.S00.00 S.F. (I.52 AVG$)
STREET AREA
- 200 x M0
s Z,�.y00 S.F.
t 25 X 142.5'
15 ,� 15.0
375.00 S.F.
TOTC nROSS LAND
'^.012.SO S.F. -
LUI 1TIMt;
.53 MAY
IOTA BUILDING a-S.F.
..200.00 S.F. Appro•.
ALLOWABLE
_ s
.
MAX . �.ES'.FLR.
36.02.5 x (F.A.R.?
200.00
.42
MIN. PEN SPACE
345X 2.5 x •�1
L I v ..: ACE
36.7'Z.S x .41
Y 14.7�,5.1'
_ .638.00
9T
1 Aa dunce x .3
Wit ITION-SPAC
36.C.'Z--5
BU IL. '. NG HEIGHT
_ 30'
,; • , � a
Ftxc YARD REO'D
20' ��•,
�d
• •, h
Fror • Yard
r°+
Ysrot
;•
QlB: '!11 c
trt*t Ad
j
i�r•
�♦
'�1 '`„'�*�et'�'"12rell
�. ��{��I - :,
s r•�y
e yy
+III
hr.,.:: ° J � .�; -I it
9' �f
V. ILL
ij
(:ruz - Stark Assori:ttes
. "Aho.•t• Plawean Owow flepte .vita„"m.
23 Fenruary 1968
Pr:oposW District RC 2/ 4 Gensr:al Resi denti a 1
REGISTRATION INFORMATION:
I.
Namt of the sponsoring organization.
i" any.
Now Horizons Cosmmuni ty Mental 4ea 1 th
ranter -Group Homes-1
2.
Name of the facility operator.
New Horizons Community Mental Health
Center-Voup ►bores-1
3.
Street address of 1-he facility.
'
N.W. 60th Street i N.W. 1st Avenue
4.
Type of program to he offered by the
f 4ci 1 i ty.
CommunityBased Residential Facility
f ,r the Menta i l y III
S.
!maximum number of oorsons who will 1 i
vo at facility. '
15 Persons
S.
%'Iovernmental autho••� zation to operate
`he facility,
HUD
RECREATION OPEN SPACE.
ALLCAD:
1S0 :•1. ft. for each 18 :ears of age or of r..:.!• • 2.250 S.F.
PRO71SED :
19.!18 S.F.
OFFS',REET PARKING:
REO'. ' RED:
One :ffstr.est
parking space for each sta, - walo r tod one of f gVV"-
spa", for each
four res m •cents shall be prc•. ►dill.
r 'si dopts/4
Resi den' ' Parking SDACes.
meters; i 3 P-1 ,,r full -tim!. i a
�•t•timae RR 1
:
N parki ng
spaces.
W^ifts
Opultv" TWX +mt ore; Cive,
i
M �
F 'F
Ex
p2nT121 FLff4
IL
The undersign parties are in support of the Variance,
•pedal fteeption, Zoning Change and Comprehensive Plan AmenOwnt
application filed by New Rorison Group Rome !I, Inc.
-z/ e r'IA
_.JFAW-WPIMA , .
�.:
11(in A29C 49 A&VI,
w
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F �S 6l
. I'm
�.:
11(in A29C 49 A&VI,
w
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F �S 6l
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0
The undersign parties are in support of the Variance,
Special exception, toning Change and Comprehensive plan Amendment
application filed by New Horizon Group Boxes il, Inc.
0
The undersign parties ar• in support of th• Variance,
Special txception, Zoning Change and Comprehensive Plan 1mwndo"t
application filed by Now Morison Group !loses I1, inc.
Fd-.T.,q
i
4 4
0
The undersign parties are in support of the Variance,
!pedal fcception, toning Change and Conkprahansiva Plan Amandwent
application file by Now Noriton Group !loses il, inc.
4&r&Y, SFA/s
vol
NW-5,
M-0
3D - 6 `SI i&V . T 1
-�g 30 Al 4v7oP •-7 e
lel/ ti. r cJ 7.9 L4Ore
6ae y &.1 ,.
" ./i%ty- A d2 A&= k
x u:
The undersign parties are in support of the Variance,
Special txception, Zoning Change and Comprehensive Plan Amendment
application filed by New Morison Group Moses #1, inc.
0
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- 1 rA.A.4" Ip n r
=sue. •�^ ' � �';r.
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i
t4� 1v�' ago s, '
3/5 av� / S1
-9 751
Sr a t)
�zje> d
IPALS/ VS'f `•
.�
T % ♦'A "
El
The undersign parties are in support of the Variance,
Special exception, Zoning Change and Comprehensive Plan Mendment
Application filed by Mew Horizon Group Homes 11, inc.
1w
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45ru- .65i +Pota�x
co
A: A, 49PLAAAA a
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dg. VK'
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i# •
The undersign parties are in support of the Variance,
"ciai Exception, toning Chanqe and Comprehensive plan AmandOant
application filed by New Horizon Group Noses 01, Inc.
MU
Itt- to
e.
•
At l I,�l• , , y
l� W ,
I
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. -1.Ir,G'r'c
, w 1
•J /may
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r
�
# 1 t? E" AY2 r, <!f
44
S.W
n%�
w.w a ... U&P APJP-
�• _ pK
uP'
ss.,,,
•
i
The undersign parties are in support of the variance,
Special Saception, Soninq Change and Comprehensive Plan Amenawnt
application filed by Now horizon Croup Mores il, inc.
PM
H.
MA
/ , MRFI
EM
.A7 2/ NO, W s%
v
1V W
The undersign parties are in support of the Variance.
Special fcception, zoning Change and CwVrehensive plan 1wsendtent
application filed by Nevi Morison Group Moores 11, inc.
� t t Si
J3lo l+fr i n ^ Q _.rt ti_ �r .� ..Sl
E
The undersign parties are in support Of the variance.
Special 3xception, zoning Change and Comprehensive Plan 1lwend"nt
application tiled by New Morison Group Molls tl, inc.
Is
pMTlON
The undersign parties are in support of the variance.
special Exception, Zoning Change and Comprehensive plan "endment
application filed by New Horizon Group Homes #1, Inc.
IRAN
Q,ti �JL
V;OY!IIIIII_ ,
FKAI
/ /� /.. _♦
i
00,
GOXIft 4ft. dg k
6AAAy4x
4."
lk
41RIV of �tzlmt
,oWONOWdW
August 10, IM
Jesse McCrary, Esq.
3050 Biscayne Boulevard
Miami, Florida
M
is o
tom.- , �s
z.
Re: New na Group Boom i nc., C ission of
A ust a, ea, Agenda Iteos�bhrouq 8-10.
Dear Mr. McCrary:
This will confirm your commitment to the City Commission at its
Comission meeting on August 9, 1987, that you will provide the
City with a covenant insuring that only City of Mimi 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,
t;• / t
G. Miriam Maer
Assistant City Attorney
GIII/rcl/P31S
enclosure
'vy
cc: With Fuentes, Director �
lM
buildings Zoning Department«
Joseph Genuardi
Zoning Administrator
Gu i 1 lermo Olmed i 110
Planning Department
.Vp.
a
0- Mae Of IM cnr I„M owl" sWA040 a" w. I wag No r
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4(
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` snow mocrary, MN. _
Nw moriaons arou its" e" P $ tArtne. rl City Comission of
he rst s, loose Assn"
Awrst lot lose
Page, 2
tsrlio rodri'uws
Assistant City Mana9wr
James Ray
CAiwt "sign inginawr
Public works pwpart&wnt
Ratty •irai
City Clerk
irk
yyI : i
s 4
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't � k„+•'ii it �q '7 f
J-86-388(a)
6/23/98
RESOLUTION NO.
A RESOLUTION REVERSING THE DECISION OF THE
&OWING 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 RSSIDEWTIAL
FACILITY (CBRF) , ONLY FOR RESIDEIPPS OF TOE
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, (MEN HORIZONS GROUP HOME #1), WHICH
IS LOCATED 499.92' FROM THE EXISTING CSRF
FACILITY AT 126-160 NORTHWEST 59TO STRI M
1,467' FROM THE EXISTING CSRF FACILITY AT
6250 NORTHEAST 1ST PLACE AND 1,472.3' FROM
THE EXISTING CBRF FACILITY AT 128 NORTHEAST
63RD STREETi (1,825' MINIMUM DISTANCE BETWEEN
FACILITIES RROUIRED)s AND SUBJECT TO APPROVAL
BY TOE CITY COMMISSION OF A CHANGE OF ZONING
FROM 20-1/3 GENERAL RESIDENTIAL (ONE AND TWO
FAMILY) TO RO-2/4 GENERAL RESIDENTIALi ZONED
W-1/3 GENERAL RESIDENTIAL (ONE AND TWO
FAMILY).
WHEREAS, the Miami Zoning Board at its meeting of
April 4, 1969, Item No. 4, following an advertised hearing,
adopted Resolution No. ZB 47-08, by a eight to one (8-1) vote
OENYING the variance as hereinafter not forthi 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 forthi
WON, THEREFORE, BE IT RESOLVED BY TDE COMMISSION OF To$ Cs"
OF NIANI , MAIDA:
,p
� r
j ,�
0 1
Section 1. That the decision of the Pliant Zoning board in
this matter is reversed and the request for a variance frog
Ordinance No. 9S00, as amended, the toning Ordinance of the City
of Miami. Florida, Article 20, Section 2034, Subsection
2034.2.2.1
'Community
based Residential
Pecilities-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 101-123
Northwest 60th Street and approximately 6000-6024 Northwest lot
Avenue, Miui, Florida, more particularly described as Lots 1S-16
inclusive, block 2, ROCRNOOR 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 Rome #1), which is located
499.92' from the existing CbRP Facility at 126-160 Northwest 59th
Streets 1,467' from the existing CSRP Facility at 6250 Northeast
lot Place and 1,47 2.39 from the existing CbRF Facility at 129
Northeast 63rd Stre*ts (11825' 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: toned PA-1/2
General Residential (One and Two Family, is hereby granted.
PASSED AND ADOPTRD this day of
ATTUT s
NAM HIRAI
City Clerk
PREPARSD AMD APPROWD BY:
UN AQV---'
Assistant City Attorney
MIRA L. SVAU2, HATOR
APtROYSD Ai TO MAN AND 00 J1lN t
City Attorney
QWrcl/Mf97
■ .
J-88-388(b)
i/23/8•
RESOLUTION NO.
A RESOLUTION AFFIRMING THE OENIAL 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 (CORP), ONLY FOR RNSIDONTS OF TEE
CITY OF MIAMI, FLORIDA, FOR PROPERTY LOCATED
AT APPROXIMATELY 101-125 NORTEN 6T 60TR
STREET AND APPROXIMATELY 6000-6024 NORTHEAST
1ST AVENUE, MIAMI, PLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN) AS PER PLANS
ON FILE, (NEW HORIZONS GROUP HOME #I), WHICH
IS LOCATED 499.92' FROM THE EXISTING CORP
FACILITY AT 126-160 NORTHWEST 59TH STREETs
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 STREETS (1,825' MINIMUM DISTANCE BETWEEN
FACILITIES REQUIRED); AND SUBJECT TO APPROVAL
BY THE CITY COMMISSION OF A CHANGE OP ZONING
FROM RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO
PANILY) TO RG-2/4 GENERAL RESIDENTIAL; ZONED
RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO
FANILY).
WHEREAS, the Miami Zoning Board at its meeting of
April 4, 1988, Itemmm 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
NREREAS, the City Commission after careful consideration of
this matter finds that no peculiar circumstances exist which
impair the owner's right to sore reasonable use of the property,
and finds no other basis upon which to grant a variances
NOW, THEREFORE, BE IT RESOLVED BY TNS COMMISSION OF THE CITT
OF MIAMI, FLORIDA:
Section 1. That the decision of the Miami Zoning Board in
this utter is affirmed and the request for a variance fsa
Ordinance No. 9500, as amended, the Zoning Ordinance of the City
of Miami, Florida, Article 20, section 2034, febMotion
a
2034.2.2.1 "Cosmanity based Residential Facilities-Loestion
Standards* to allow the operation of a Community based
Residential Facility (Coat), only for residents of the City of
Miami, Florida, for property located at approximately 101-123
Northwest 60th Street and approximately 6000-6024 Northwest lot
Avenue, Miami, Florida, more particularly described as Lots 15-18
inclusive, Block 2, ROCRMOOR PARE 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 Nome #I), which is located
499.92' from the existing CSRP Facility at 126-160 Northwest 59th
Streets 1,467' from the existing CBRP Facility at 6 250 Northeast
lat Place and 1,472.3' from the existing CORP Facility at 121
Northeast 63rd Streets (10825' Minimum Distance Retween
Facilities Required)s and subject to approval by the City
Commission of a change of zoning from RG-1/3 General Residential
(One and Two Family) to RO- 2/4 General Residentials Zoned RO-1/3
General Residential (O�e and Two Family, is hereby denied.
PASSED AND ADOPTED this _ day of , 1984.
ATTEST:
NATTY BIRAI
City Clerk
PREPARED AND APPROVED BYt
\I%IkI'ANtip.
Assistant City Attorney
XAVIER L. SUARNSt MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
7
City Attorney
;a
aNM/sel/IK�• � F
r
4
ik
'�rYh
I r
Ai
IMANARM or M 11 ICrrys oovo�►trrs
ftis Declaration of Restrictive Covenants by
a Florida corporation,
(•Omer•), in favor of the City of Mimi, Florida, a municipality
of the State of Florida.
WITNNISsr•:
I UUM, the owners hold ree-simple title to certain prop-
erty in the C4ty of Mimi, Florida ("the Citv"1, consisting of
., as per
the plat thereof recorded in Plat soots Page in the Public
Records of Dade County, Florida (the "Property"); and
witC1S, 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, t and
W MMS, the Owners are desirous of making a binding comisit-
ment to assure that the Property shall be developed in accordaaae
with the provisions of this Declaration;
NON, IIIRCn=, 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 follow:
A. suildino Beiaht Limitation.
•. WONUoe_ 121199 AN tlrall- Mot to tie issw". 49 a
'building purslt on the Property, owers 6"11 Qua NWOV4, of
h 7�,
h z.
F
■
0
^4
a landscape plan ftam 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 oil 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 plans and the Owners shall also be respon-
sible for the permanent maintenance of the landscaping on the
Property. Owners agree to complete construction of the masonry
wall within ninety days from the date of final zoning approval.
C. Vehicular Access Limitation. Igo vehicular access for
ingress or egress shall be permitted
D. •ite Plan. Owner agrees to develop the Property sub-
stantially in accordance with the site plan entitled
E. Par_no. Owner agrees that parking provided for any
development on the Property shall be
. y-,
v
t. 9992£I° ts. if tM City Commission of the City
approves the Owners' pending application for an amendment to the
City of Miami Eoninq Atlas, add after said approval has best
final as+d nos -appealable, this instrument shall construut• a
-Z-
r
s
aoveasat roaring 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
mad future owners of the Property and for the public welfare.
1. Amendment and Modification. This instrument say 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 MiamilCommission. 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
tberanf
v
+trk
L. tMawtion awed Systoraemeatit is understood and
agreed ?many o!lieiai inspector of the City of Masi may have
the �' at any time during normal working hours, to dads• �y
rH
- i #*a
jg ,
aim whether the conditions of this Declaration are being car
plied with. he entoreeMent action say be brought by the City or
by any property owner within 373 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.
N. Sevesability. 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 regain in full force
and effect, provided, however, that such invalidation say be
grounds for the City to asend the zoning and/or land -use requla-
tions applicable to the -Property.
N. Nscordin9. This Declaration shall be filed of record
among the Public Records of Dade County, Florida, at the cost of
the owners.
IN WITS VEMZ01P, the undersigned have set their hands and
seals this day of _, 198e.
Witnesses:
Florida corporation
By_
(ML)
IMP 4, a
0
• malt O! rLNIDA i
0! Dot 1
' Nfote sr. the undersigned authority. personally appeared
the of
on this __ "Y of ifs .
Inc., who aeksarledged -----
that he had the authority to =Mute the foregoing intrust fat
the purposes espreesed therein.
state of lloci" At Lar"
My CaOission fspitese
d'! TZ O! tLOhIDL $a:
OOOM'f! or DADt I
the undersigned authority, patsonally appeased
Nfore see,
asd acknowledged on this day of �,__•
that he esecuted the fotegoing inettWwAt fot the purposes
esptessed therein.