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Resolution No.: 09-0015
Monday, March 9, 2009
Mr. Charles Garavaglia offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO.
11000, THE ZONING BOARD RECOMMENDED DENIAL TO THE CITY COMMISSION
TO AMEND PAGE NO. 40, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE
ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL TO O OFFICE FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 1028-40 SOUTHWEST 36TH COURT, 985-95 AND 1031-35
SOUTHWEST 37TH AVENUE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY
ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL.
Upon being seconded by Mr. Angel Urquiola,
the motion was passed and adopted by the following vote:
Mr. Bret Berlin
Away
Mr. Ron Cordon
Yes
Mr. Charles A. Garavaglia
Yes
Ms. Ileana Hernandez -Acosta
Yes
Mr. Lazaro Lopez
Away
Mr. Juvenal A. Pina
Yes
Mr. Cornelius Shiver
Yes
Mr. Richard Tapia
Yes
Mr. Angel Urquiola
Yes
AYE:
7
NAY:
0
ABSTENTIONS:
0
NO VOTES:
0
ABSENT:
2
Ms. Fernandez: Motion carries 7-0
r
Teresita L. Fernandez, Executive Sqc tart'
Hearing Boards
File ID#: 09-00140zc Z.11
Exhibit "A"
Legal Description
Lots 34 throughout 38, inclusive less the West 10.00 feet thereof and Lots 20 and
21 of "ENGLEWOOD NORTH" according to the Plat .thereof, as recorded in Plat Book 7
at Page 46 of the Public Records of Dade County, Florida.
Specific Legal Descriptions, Folio Numbers, Addresses, Ownership and Deed
Information for Subject Properties
Lot 20, of Englewood North, according to the Plat thereof as recorded in .Plat Book 7, at
Page 46 of the Public Records of Dade County, Florida.
Folio: 01-4109-023-0140
Address: 1028 SW 36 Court
Owner: I. H. Real Estate Investor Corp.
Deeds: 15850/3894 Recorded 03/19/1993
Lot 21, Englewood North, according to the Plat thereof as recorded in Plat Book 7, at
Page 46 of the Public Records of Dade County, Florida.
Folio: 01-4109-023-0150
Address: 1040 SW 36 Court
Owner: I. H. Real Estate investor Corp.
Deeds: 26725/2631-2636 Recorded 01/22/2009
Lots 34, 35, and 36, less the Vilest 10 feet thereof, of Englewood North, according to
the Plat thereof as recorded in Plat Book 7, at Page 46 of the Public Records of Dade
County, Florida.
Folio: 01-4109-023-0260
Address: 1031-35 SW 37" Avenue
Owner: I. H. Real Estate Investor Corp.
Deed: 15850/3890 Recorded 03/19/1993
Lot 37 less the West 10 feet thereof, of Englewood North, according to the Plat thereof
as recorded in Plat Book 7, at Page 46 of the Public Records of Dade County, Florida.
Folio: 01-4109-023-0270
Address: 995 SW 371" Avenue
Owner: I. H. Real Estate Investor Corp.
7
MIAMI 1737284.1 7857831576
Rev. 12-16-08
Deed: 15850/3893 Recorded 03/19/1993
Lot 38 less the West 10 feet thereof, of Englewood North, according to the Plat thereof
as recorded in Plat Book 7, at Page 46 of the Public Records of Dade County, Florida.
Folio: 01-4109-023-0280
Address: 985 SW 37th Avenue
Owner: I. H. Real Estate Investor Corp.
Deed: 15850/3892 Recorded 03/19/1993
8 Rev. 12-16-08
MIAMI 1737284.1 7857831576
Section 2210. Nature and Requirements of Zoning Board
Report to City Commission
Circle appropriate condition(s):
When pertaining to the rezoning of land under application made under Article 22, the report and
recommendation of the Zoning Board shall show that the Zoning Board has studied and considered,
where applicable, whether or not:
a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and
does not require a plan amendment.
b) The proposed change is in harmony with the established land use pattern.
c) The proposed change is related to adjacent and nearby district.
d) The change suggested is not out of scale with the needs of the neighborhood or the city.
e) The proposed change maintains the same or similar population density pattern and thereby does not
increase or overtax the load on public facilities such as schools, utilizes, streets, etc.
f) Existing district boundaries are illogically drawn in relation to existing conditions on the property
proposed for change.
g) Changed or changing conditions make the passage of the proposed change necessary.
h) The proposed change positively influences living conditions in the neighborhood.
i) The proposed change has the same or similar impact on traffic and does not affect public safety to a
greater extent than the existing classification.
j) The proposed change has the same or similar impact on drainage as the existing classification.
k) The proposed change has the same or similar impact on light and air to adjacent areas as the
existing classification.
1) The proposed change has the same or similar impact on property values in the adjacent area as the
existing classification.
m) The proposed change will contribute to the improvement or development of adjacent property in
accord with existing regulations.
n) The proposed change conveys the same treatment to the individual owner as to owners within the
same classification and the immediate area and furthers the protection of the public welfare.
o) There are substantial reasons why the use of the property is unfairly limited under existing zoning.
p) It is difficult to find other adequate sites in the surrounding are for the proposed use in districts
already permitting such use.
Motion: JAfter considering the factors set forth in Section 2210 of Ordinance No. 1100(denial) that the
re ue� nage a it # be recommended to theCity Commissionfor (approval
Signature Print Name
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Agenda Item Date