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HomeMy WebLinkAboutZB ResoSection 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 pattem. 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 pattem and thereby does not increase or overtax the Toad 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 hat 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 23 of Ordinance 11000, I move that the request on agenda item # be recommended to the City Commission fpt (approval denial). CC (J s Signature. Print Name i 5 Agenda Item Date Miami Zoning Board Resolution No.: 2003-0734 Monday, July 21, 2003 Mr. Carlos Martell offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING BOARD RECOMMENDED APPROVAL 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 42, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM I INDUSTRIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 2900 SOUTHWEST 28TH LANE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED I INDUSTRIAL. 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 Yes Mr. Charles A. Garavaglia Yes Ms. Ileana Hernandez -Acosta Yes Mr. Carlos Martell Yes Mr. Juvenal A. Pine Yes Mr. Allan Shulman Away 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 Teresita L. Fernandez, xecutive Secrry Hearing Boards Case No. 2003-0654 Item Nbr: 5 E*hibit "A" LEGAL DESCRIPTION: PARCEL 1: Lots 1 through 10, inclusive and the East 5 feet of Lot 11, and the East 5 feet of Lot 30 and all of Lots 31 and 32, all in Block 7, COMMERCIAL SILVER BLUFF SECTION 2, according to the Plat thereof as filed Plat Book 28, page 20 of the Public Records of Miami -Dade County, Florida. PARCEL 2: Tract "B" of COCONUT GROVE STATION, according to the Plat thereof as filed in Plat Book 127, page 84 * of the Public Records of Miami —Dade County, Florida, also know as: A portion SW 28th Lane in the City of Miami, adjacent to Block 7, COMMERCIAL SILVER BLUFF SECTION 2, according to the plat thereof as filed in Plat Book 28, page 20 of the Public Records of Miami —Dade County, Florida, being more particularly described as follows: Commence at the Southeast corner of said Block 7; thence NO2'20'37"W along the East line of said Block 7 for 116.66 feet to the POINT OF BEGINNING of the herein described portion of land; thence continue NO2'20'37" W , along the Northerly prolongation of said East line for 50.8&ieet to the Beginning of a curve, concave to the Southwest and having a radius of 22.00 feet; thence Northerly and Northwesterly 34.46 feet along the arc of said curve through a central angle of 89'44'19" to a point of tangency; thence S87'55'04"W for 46.83 feet to the beginning of a curve concave to the Southeast having a radius of 25.00 feet; thence Southwesterly and Southerly 39.27 feet along the arc of said curve through a central angle of 90'00'00" to a point of tangency; thence S02104156"E for 43.53 feet to the beginning of a curve, concave to the Northwest having a radius of 25.00 feet; thence Southerly and Southwesterly 30.45 feet along the arc of said Curve through a central angle of 69'47'27" to a point of cusp of the North line of said Block 7; thence N67'42'31 "E along said North line for 96.16 feet to the beginning of a curve, concave to the Southwest and having a radius of 15.00 feet; thence Southeasterly and Southerly 28.78 feet along the arc of said curve through a cent -xi angle of 109'56'53" to a point of cusp with a tangent line said point being the POINT OF BEGINNING. Containing an area of 37,868.08 square' feet or 0.869 acres more or less.