HomeMy WebLinkAboutZB ResoMiami Zoning Board
Resolution No.: 2004-0884
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 46, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-1 SINGLE FAMILY
RESIDENTIAL WITH AN SD-18 MINIMUM LOT SIZE OVERLAY TO SD-2 COCONUT GROVE
CENTRAL -COMMERCIAL DISTRICT FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 3439 MAIN HIGHWAY A.K.A. 2750 MCFARLANE ROAD, LEGALLY
DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA; ZONED R-1 SINGLE FAMILY RESIDENTIAL WITH AN SD-18 MINIMUM
LOT SIZE OVERLAY.
Upon being seconded by Mr. Charles J. Flowers,
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. Ileana Hernandez -Acosta Yes
Mr. Carlos Martell Away
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 Se
Hearing Boards
Case No. 2003-0695
Item Nbr:
9
hibi.t "A"
LEGAL DESCRIPTION: (RESIDENTIAL PROPERTY ONLY)
THE C.W. EMERSON TRACT IN COCGJNUT GROVE, C/7Y OF MLAMI, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK 35, AT PAGE 61, OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA, LESS AND EXCEPTING THEREFROM THE FOLLOWING
DESCRIBED PARCEL.
BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY BOUNDARY LINE OF
TRACT A" AND THE U.S. HARBOR LINE OF BISCAYNE BAY AS SHOWN ON THE PLAT
THEREOF ENTITLED 'THE C.W. EMERSON TRACT 1N COCONUT GROVE, CITY OF MIAMI,
DADE COUNTY, FLORIDA ', AS RECORDED IN THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA IN PLAT BOOK 35, AT PAGE 61; THENCE N34'59'44 E ALONG SAID
U.S. HARBOR LINE FOR A DISTANCE OF 66.75 FEET TO A POINT; THENCE
N46'25'53"W ALONG THE NORTHERLY BOUNDARY LINE OF SAID TRACT A" FOR A
DISTANCE OF 846. 1 0 FEET TO A POINT,• THENCE 543'34 '07 "W FOR A DISTANCE' OF
66.00 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF OF SAID TRACT "A";;
THENCE S46'25'53'E ALONG THE SOUTHERLY BOUNDARY LINE OF SAID TRACT A" FOR
A DISTANCE OF APPROXIMATELY 855.05 FEET TO THE POINT Of BEGINNING.
AND
COMMENCING AT A BOLT DRIVEN IN THE ROCK AT THE SOUTHEAST CORNER OF
PEACOCK DIVISION No.3, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
"A", AT PAGE 56, OF THE PUBLIC RECORDS OF MLIM1---DADS COUNTY, FLORIDA.
THENCE S45'E 68 FEET TO AN IRON BOLT FOR POINT OF BEGINNING; THENCE N45'W
ALONG THE SOUTHWEST SIDE OF SAID PEACOCKS SUBDIVISION, 430 FEET AND 6
INCHES TO THE COUNTY ROAD; THENCE SOUTHWEST AT RIGHT ANGLES WITH THE
FIRST LINE 50 FEET; THENCE S45'E PARALLEL WITH THE FIRST LINE 4.30 FEET AND 6
INCHES; THENCE NORTHEAST AT RIGHT ANGLES 50 FEET TO THE POINT OF BEGINNING,
BEING A PART OF GOVERNMENT LOT 1 OF SECTION 21, TOWNSHIP 54 SOUTH, RANGE
41 EAST.
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 #,ie factors set forth in Section 2210 of Ordinance No. 11000, 1 move that the
request on agenda 'tern # "' be recommended to the City Commission for (approval) (denial).
I CS t Ak
Signa re
Print Name
CO-4—ou
Agenda Item Date