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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" } r a p.. •- 7. ... t _ ..-...'�. .y ':,."<•t. V: Vas w... :. � ,si ..: f:_' El 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 -r m kit, ki -3 VIM T 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: J C 1 �n 4 ,r�101, w � � 7 ¢..Y'.'� ,,�*: -rlri�a.{.wy +1 Y�y Yr S,. ..:fit;/., IV ] f -.y�:9cg!��,��.: O t .® r - _. L r- 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 �. far ' t 0 t d • �o s i 22 •tN CURRY MOYtSTtI1p "W .. : I 1 • 3 4 , 4• Z 13 ! ti =10 No s 1• . i , i . = . to , 14 f� w = ! 3 • 11 01, L 10 s. 10 o f t Z I = 9 11 112 13 t2 t= o j ++� 111�ft. s .• +/s 10 .. �. �.. N.E. 62 ST. I t1 So so • t14 0 N • l0 1= : ,�• Z 1 • t s > f N. W. 2 4 3 1 ST _ 10 1 + Is 14 7 • 1 t0 II 1= + Sa ! • 1 i 3 2 1 N.W 40N T ������ L•/ 3 2 r• � 3]: 1� i s 4 3: 1 f O •� to- i1 ►2 13 14 3 S • Z i ] ! 1 = ! !, so 60 ' !O •O W �0 .13 12 11 t0 • 7 t) 7 6 S t 3 2 1• � 6 S t S 2 �_ S W 14 15 16 17 16 19 20 7 3 9 2 R 10 10 10 1 � 2 11 1 11 Ib li +7 1• ii �li f3 • li 17 1• 11 N.W. '�� 5 9 .� S T. N. E. 4 so so so so so • so w i ow tw R y 2 1 # 3 2 l i • T i S 1 3 2 1 '1 i S 4 � : 10 1 1 I12 13 "s l• li ! 10i f ( 12 t] 14 16�1 N. W. S2 SEA TAACT7 ; � l S7. • I . , . ' . .. , .. .. .. .. . .. , . M .. ISO 2 .21 1 t01 f! I ! t� 1 N t s i 11 l3 12 1 1 A •] Z� 4/4/ I. �i 1. Ol I I tIp11 �. 3 31100 - Awl, ru AOL sp PL • s Ur y •� r• x 1• 1 1 At olL op • r s.. "e-?t tiArt L "'t • is � . s' �- - -•'� . ' 1 ...: a'-'R'Y;•' �',,: -� •_ of {' ; L- 7 r / Ifj ��.., r e i•. .00 00 k- w op she i - 7-i Ael 1 4—� , : ' IL - r 06 Jr � ! //�1T: � ..�.� J tea+ -'_--' '�y-yJ •�. �� r... / l 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 x elf GrO✓/ /Awc ►l fAM"•t 1 tR _ Owler' i 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 PW 9. 46 Lo L, 71091" at i..ie4. V 13 77" 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 ,j F �S 6l . I'm �.: 11(in A29C 49 A&VI, w ,j F �S 6l . I'm 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 v , - 1 rA.A.4" Ip n r =sue. •�^ ' � �';r. ,. i4jr4FAC-. 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 �— u 45ru- .65i +Pota�x co A: A, 49PLAAAA a "I<4tt.-, U r O. . r w 1 AJ " Z16K dg. VK' • Q. -- M .. 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 a . -1.Ir,G'r'c , w 1 •J /may qDeZ f - ID 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 .3: r •�' .s, 2 � .. 4( s ` 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 ♦ , . :S 1¢" V •'i2 �. ` '�� "M 4a." .. • `` ... -4 �: �. {'�:C« d, � .F F.. +. { N 4 'z 50 t #�:.� a. �,,�#;. .. .. � .2"w 3- Qi.�-�.:ih it• � '�+P� -:. '� 71f�x a: 3"`�.€ d.�icgm�r �::3" "�`�` P �': �i :• 4 S .^'•*R •� � Si _•F'"�' �r � G(' J r Jia- 41 `4. 'e �. i1{u ^-E� yi���d� '�j� � t S ���+ ,pit+.. .r '�.e"fit gc r: >'-,!`�?�• f r. kf �,'a '�,�. tx '' •'c c�� 1 '�� iy 3�i� yx''+ y a . �; h,,KY� xJry�} 1.. ^`• ,' '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.