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Resolution No.: 2004-0879
Monday, June 14, 2004
Mr. Georges William offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000,
THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE
CHANGE OF ZONING IN THE OFFICIAL ZONING ATLAS OF ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, PAGE 36, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM 0 OFFICE TO SD-6
CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 90 SOUTHWEST 3RD STREET A.K.A. 55 AND 92 SOUTHWEST 3RD
STREET, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA; ZONED 0 OFFICE.
Upon being seconded by Mr. Charles A. Garavaglia,
the motion was passed and adopted by the following vote:
Mr. Charles J. Flowers Yes
Mr, Miguel Gabela Yes
Mr. Joseph H. Ganguzza Away
Mr. Charles A. Garavaglia Yes
Ms. lleana Hernandez -Acosta Yes
Mr. Carlos Martell Yes
Mr. Juvenal A. Pins Yes
Mr. Allan Shulman Yes
Mr. Angel Urquiola Yes
Mr, Georges William Yes
AYE: 9
NAY: 0
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 1
Ms. Fernandez: Motion carries 9-0
I
Teresita L. Fernandez, Executive Secreta>q)
Hearing Boards
Case No, 2004-0799
Item Nbr:
4
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EX1lIBI'r A
PARCEL l_
A portion of Section 37, 'Township 54 South, Range Al East. being more particularly
described as follows:
Commence at the intersection of n on Plat MIAMI STEAM ent line of S.W. 3rd Street
ELECTRIC STATION
line of S.W. 1st Court, as showPage .25; Public
PROPERTY, according to the Plat thereof, recorded in Plat Book 50, g said
Records of Miami -Dade County, Florida; thence run North 87`39'14" East along
monument line of S.W. 3rd Street for a distance of 114.04 {eet to a point of intersection
Trans t
with
the Westerly right-of-way line of the ivietropofitan Miami -Dade County Authority; thence continuing along said Metropolitan Miarni-Dada County Rapid Transit
Authority right-of-way line; rur. South 02'15'01" Est for a distance of 30 feet to a point onthe
East line of said Miami Stearn Electric Station Property; thence run South pea i1 " East sit
along said Westerly right-of-way line of Metropolitan Miami-Dade
County e runNorth Rapid
d�T Transit
Authority, fora distance of 143,78 feet to a point of deflection; point
East along aforesaid g sa saway line for a id Transit Authority'stance of rght-of--way 15.50
ne, runfeet oSot 0 21 deflection;
East
or a continuing along s
for a distance of 358-44 fee: to the Point
id fT ain Beginning Auf the porcef
right-of-way fland
dfine, hereinafter
& lo be
outh
described; thence continuing along
02'15'38" East for a distance of 341,01 feet to a point of deflection;
henfora d sota inuiot -2p n
0
said Transit Authority's right-of-way line, run South 87 -4 2-
feet is a paint 5 38fle ast, for a distance of continuing8.47 feet to a point on thesaid Transit n low right-of-way
Pine ofthe
run South f3 16 38" East,
Miami River; thence run South B6°38'S3" West along thelest tdfeixer bedboline f o{ distance Fonda
34.01 feet to a point, of intersection with the Westerly 9
East Coast Railway Company property; thence run North 0Z°17'53° West along the last
said R l line'for
distance
boundary runfeet
No h 89'20'5E' East deflection;
fora dist nc continuing
ot 2622along
fi et
said point y's right-of-way
to a _point of deflection; thence continuing along said pCtian the b� cant nu rig
run
North 02°17'39" West for a distance of 85.00 feet to a point of je;f♦B
along said Railway's right-of-way boundary, run North 19'52'23" East fora distance of 75.64
feet to :he Point of Beginning.
Bearings shown refer to the Plan Rectangular Coordinate System for the East Zone of
Florida on all three (3) parcels,
PARCEL IL
A portion of Section 37, Township 54 South, Range 41 East, being more particularly
described as follows;
Commence at the intersection as°shown~on Plat entitled MIAM STEAM Street monument line of S.W. 3rd ELECTRIC STAT STATION
line of S.W. First Court, 25, Public
PROPERTY, according to the Plat thereof,
thenced�un d in
North 6 �3 �l" East along said
Records of Miami -Dade County,
monument line of S.W. 3rd Street for a distance of 114.04 feet to a point of intersection with
the Westerly right-of-way line of the Metropolitan Miami -Dade County Rapid
it
Authorty: thence run South C2`15'01' East along the lest -described line, for 3 distance of
30.00 steel to a point or. th.e East boundary of said Miami Stearn Electric Station Property;
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thence run North 87'39'14' East along the Southerly right-of-way line of 3. N. 3rd Street for a
distance of 54,50 feel to the point of intersection With the Easterly right -or -Way boundary of
said Transit Authority, said point being the Point of Beginning of the parcel of land hereinafter
to be described, thence run South 92`15'3B" East along the last -described thence
e uNorth
nless
otherwise stated for a distenC2 of 853.31 feet to a nQfode(IeGllan deflection:nthence run South
87°44'22 East fora distance of 20.50 Feet to a point
the Miami
Rest for distanceuorth172°96feet
5 0E- Eaofor� afdistancetion with the low water of 346Q feel to he point of
the Miami River: thence ru
intersection the aske ily boundary he Florida
❑
Company Property, saidpoint right-of-way
also the SotWest comer of Tract A.THATCHER
ENTERPRISES PROPERTY", Plat Book 79, Page 4Q, Public Records of Mia Duda d CFta f+r�ay
Florida; thence run North 02°19'24" West, along the Easterly boundary
Company's Property Northerly
extension, the and along thest boundary of said Tract A of Thatcher West boon ary of Lot 12, BIockri135
North,Property and its Miami,
Plat
rly
North, City of Miami, Plat gook 8, Page 41, Public Records of Miami -fade County. Florida,
for a distance of 545.00 feet to the NorthWest corner thereof; thence run the South South
87clary32f
West along the sod Raltway Company's Property, being also along
Lots 8 and 9 of said Block 135 North, for a distance of 130.00 feet to the Scan seP rryr
of said Lot 9; boundlong the saidWay ary
to the NorthWest corner thereof, said comer being on the Southerly right-of-way boundary o
f
S.W. 3rd Street; thence tun South 87°52'55" West along the last-described
rSed line, as istan e f
225.57 feet to a 'point of deflection; thence continuing along
boundary of S.W. 3rd Street, run South 07"39'14" West, a distance of 25.00 feet to the Point
of Beginning_
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EXHIBIT A
PARCEL III:
A portion of Section 37, Township 54 South, Range 41 East. being more particularly
described as follows'
Commence al the inierseclion of the monument line of S.W. 3rd Street and the monument
line of S.W. 1s1 Court, as shown on MIA STEAM ELECTRIC STATION PROPERTY,
according to the Plat thereof, recorded in Plat Book 50, Page 25, Public Records of 39 Miami-
" Dade County, Florida; thence run North
East along said monument fine of S.W. 3rd Street for 11.4.04 feet to a point cif intersection
with the Westerly right-of-way sine of the Metropolitan Miami -Dade County Rapid Transit
Authority; thence run North 02'15`01"West along said right-of-way line,
for a distance of
2D.DD feet to a point on the Easteny line of Bloch 3 of Miami Warehouse Company's
Subdivision, according to the Plat thereof. recorded in Plat Book 12, Page 2 Public Records
of Miami -Dade County Florida; thence run North 87-39'14" East along the Northerly right-of-
way line of S,W. 3rd Street for a distance of 54.49 feat to a point of intersection with the
Easterly right-of-way line of said Metropolitan Miami -Dade County Rapid Transit Authority
and the Point of Beginning of the parcel of land hereinafter to be described; thence run North
(i2"15'38" West along the last -described line fora distance of 135.67 feet to the point of
Intersection with the Southwesterly Limited AGGess Right -of -Way boundary of State Road
No. B54 (Section a7006-2501) os shown on Right -of -Way Map recorded in Plat Book 78,
Page 31, Public Records of Miami -Dade County, Florida; thence run South 14 1 "past
along the last -described ling and its SouthWesterly projection fora distance of 261.28 feet to
tyre point of curvature of a curve, concave to the NorthEast, having a radius of 1655,02 feet;
thence run SouthEasterly along the arc of said curve, through a central angle of 00`29'03.7"
fora distance of 14.02 feet to the point of intersection with the Eastern -mess riiaht-of-way
boundary of the Florida East Coast Railway property, said point bearing South 21 `15'15.3"
West from the center of said curve; thence run South 02°19'24" East along the last -described
line for a distance of 24.21 feet to the point of intersection with the North right-of-way
boundary of S.W. 3rd Street; thence run South 87`52'56" West along the last -described line
for a distance of 226,51 feet io a point of defleetion; thence run South 87391-4" West along
said North right-of-way boundary of S.W. 3rd Street fora distance of 25.01 feet to the Point
of Beginning.
Bearings shown on Parcels I, II and Ili refer to the Plane Rectangular Coordinate System for
the East Zone of Florida,
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.
I) 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 t e factors set forth in Section 2210 of Ordinance No. 11000, I move that the
request on agenda item' 'j be recommended to the City Commission for (approval) (denial).
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