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Resolution No.: 2004-0853
Monday, April 12, 2004
Mr. Allan Shulman 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 21, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM I INDUSTRIAL TO C-2
LIBERAL COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2101 AND
2135 NORTHWEST MIAMI COURT AND 2110, 2118 AND 2134 NORTH MIAMI AVENUE,
LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA; ZONED I INDUSTRIAL.
Upon being seconded by Mr. Carlos Martell,
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 Away
Ms. lleana Hernandez -Acosta Away
Mr. Carlos Martell Yes
Mr. Juvenal A. Pina Yes
Mr. Allan Shulman Yes
Mr. Angel Urquiola Yes
Mr. Georges William Yes
AYE: 8
NAY: 0
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 2
Ms. Fernandez: Motion carries 8-0
Teresita L. Fernandez, Executive Secr to
Hearing Boards
Case No. 2004-0760 Item Nbr:
7
f 4
•
410
Exhibit "A"
•
•
LEGAL DESCRIPTION: Lots 8, 9, 12, 13, Block 10, JOHNSON AND WADDELL
ADD., according to the Plat thereof, as recorded in Plat Book B at Page 53 of the Public
Records of Dade County, Florida, LESS that portion taken away for Right of Way of North
Miami Avenue
TOGETHER WITH:
Lots 7, 10, 11, 14, 15 Block 10, RE —SUBDIVISION OF BLOCKS 2, 5, 8, 12 & 14 AND
PARTS OF BLOCKS 4-7-8 & 10 OF JOHNSON & WADDELL'S ADDITION, according
to the Plat thereof, as recorded in Plat Book 6 at Page 68 of the Public Records of Dade
County, 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 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 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 , I move that the
re est on agenda item # '7 be recommended to the City Commission fo approv (denial).
Signature
Print Name
/2104
Agenda Item Date