HomeMy WebLinkAboutZB ResoMiami Zoning Board
Resolution No.: Z13-11-10-002
Monday, January 11, 2010
Mr. Angel Urquiola offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO.
11000, THE ZONING BOARD RECOMMENDS APPROVAL TO THE CITY
COMMISSION, TO AMEND PAGE NO. 33, 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-2" TWO-FAMILY
RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 3500, 3524, 3550, 3590, 3592 SOUTHWEST 7TH
STREET, 710 SOUTHWEST 35TH AVENUE AND 711 SOUTHWEST 36TH AVENUE,
LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA; ZONED "R-2" TWO -MULTIFAMILY
RESIDENTIAL.
THIS ZONING CHANGE IS RECOMMENDED FOR APPROVAL BASED ON THE
REPRESENTATION OF COUNSEL THAT A COVENANT WILL BE PROFFERED TO
THE CITY COMMISSION TO: 1) ALLOW SAME USES AS A "74" TRANSIT IN MIAMI
21 TO ALLOW FOR THE EXPANSION OF THE RESTAURANT AND BAKERY; 2)
LIMIT HEIGHT NOT TO EXCEED THIRTY-NINE (39) FEET; 3) PREVENT INGRESS
AND EGRESS ON SOUTHWEST 7T" STREET; AND 4) PROVIDE A TEN (10) FOOT
LANDSCAPE BUFFER.
Upon being seconded by Mr. Charles A. Garavaglia,
the motion was passed and adopted by the following vote:
Mr. Bret Berlin
Away
Mr. Ron Cordon
Away
Mr. Charles A. Garavaglia
Yes
Ms. Ileana Hernandez -Acosta
Away
Mr. Lazaro Lopez
Yes
Mr. Juvenal A. Pina
Yes
Mr. Cornelius Shiver
Yes
Mr. Angel Urquiola
Yes
AYE:
5
NAY:
0
ABSTENTIONS:
0
NO VOTES:
0
ABSENT:
3
Motion carries 5-0.
Anel odriguez
Hearing Boards
File ID#: 09-01300zc
Z.4
Exhibit "A"
Legal Description
.IXSa& DEECRIPTICIN:
PARCEL "A": LOT 2, OF DEWOLF VILLAS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 58 AT PAGE 44 OF PUBLIC RECORD OF
MIAMI--DADE COUNTY, FLORIDA. FOLIO., 01-4104-004-0020;
AND
PARCEL "B": LOT 1, OF DEWOLF VILLAS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 58 AT PAGE 44 OF PUBLIC RECORD OF
MIAMI—DADE COUNTY, FLORIDA. FOLIO: 01-4104-004-0011; FOLIO:
01•-4104-004-0010;
AND
PARCEL "C": THE PORTION OF LAND DESCRIBED AS FOLLOWS:
BEGINNING AT POINT 194.51 FEET NORTH OF THE SOUTHWEST CORNER OF
THE SEX OF THE SW9 OF THE SW% OF SECTION 41, TOWNSHIP 54 SOUTH,
RANGE 41 EAST; THENCE PARALLEL WITH THE -SOUTHERLY LINE OF THE
WHOLE TRACT IN AN EASTERLY DIRECTION 129.99 FEET FOR A POINT OF
BEGINNING; THENCE NORTH 100 FEET; THENCE 37.5 FEET EASTERLY AT
RIGHT ANGLES TO THE FIRST LINE OF THIS DESCRIPTION; THENCE
SOUTHERLY 100 FEET AND PARALLEL TO THE EASTERLY LINE OF THE
WHOLE TRACT; THENCE WESTERLY 37.5 FEET TO THE POINT OF BEGINNING,
LYING AND BEING IN MIAIM—DADE COUNTY, FLORIDA. FOLIO: 01-404-004-
0150;
AND
PARCEL "D": THE PORTION OF LAND DESCRIBED AS FOLLOWS:
BEGINNING AT 194.51 FEET NORTH AND 167.49 FEET EAST OF THE
SOUTHWEST CORNER OF SES/ OF THE SWX OF THE SWIA OF SECTION 41,
TOWNSHIP 54 SOUTH, RANGE 41 EAST; THENCE RUN NORTH 100.00 FEET,
THENCE RUN EAST 37.50 FEET, THENCE RUN SOUTH 100,00 FEET, THENCE
RUN WEST 37.5 FEET TO POINT OF BEGINNING, LYING AND BEING IN
MIAMI—DADE COUNTY, FLORIDA. FOLIO: 01-4104-000-0230;
AND
PARCEL "E": LOT 3, OF DEWOLF VILLAS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 58 AT PAGE 44 OF PUBLIC RECORD OF
MIAMI—DADE COUNTY, FLORIDA. FOLIO: 01404-004-0030;
AND
PARCEL "F": LOT 4, OF DEWOLF VILLAS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 58 AT PAGE 44 OF PUBLIC RECORD OF
MIAMI—DADE COUNTY, FLORIDA. FOLIO: 01-404-004-0040;
CONTAINING AREA (NET): 32970,72 SQ,FT.
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: After considering the factors set forth in Section 2210 of Ordinance No. 11000, 1 move that the
request on agen a ite Z.4 be recom ended to the Cit Commission forCapproval) denial).
'Signature Print Name
09-01300zc ` 01-11-10
Agenda Item Date