HomeMy WebLinkAboutZB ResoMiami Zoning Board
Resolution No.: 2004-0909
Monday, July 26, 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 42, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-2 TWO-FAMILY
RESIDENTIAL AND C-1 RESTRICTED COMMERCIAL TO C-1 RESTRICTED COMMERCIAL
WITH AN SD-19 DESIGNATED F.A.R. OVERLAY DISTRICT TO INCREASE F.A.R. TO 2.4 FOR
THE PROPERTIES LOCATED AT APPROXIMATELY 2255, 2263 & 2295 SOUTHWEST 37TH
AVENUE, 3685 & 3695 SOUTHWEST 23RD STREET, AND 3672 & 3688 SOUTHWEST 22ND
TERRACE, LEGALLY DESCRIBED AS EXHIBIT `B" (HEREBY ATTACHED), PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-2 TWO-FAMILY RESIDENTIAL
AND C-1 RESTRICTED COMMERCIAL.
Upon being seconded by Mr. Angel Urquiola,
the motion was passed and adopted by the following vote:
Mr. Charles J. Flowers No
Mr. Miguel Gabela No
Mr. Joseph H. Ganguzza No
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: 6
NAY: 3
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 1
Ms. Fernandez: Motion carries 6-3
Teresita L. Fernand z, Executive Sec
Hearing Boards
Case No. 2004-0840
Item Nbr:
•
Legal Description for Zone Change from R-2 to C-1
Lots 43, 44, 45, 52, 53 and 54, all in Block 6, of Amended Plot of Miami Suburban Acres, according to the
plat thereof as recorded in Plat Book 4, Page 73, of the Public Records of Miami -Dade County, Florida, 1 F5S
the North 10 feet of said Lots 43, 44. and 45.
Legal Description for Zone Change to SD-19 Overlay
Lots 43, 44, 45, 46, 47, 48, 49, 50, 52, 53 and 54, in Block 6. of Amended Plat of Miami Suburban Acres,
according to the plat thereof es recorded in Plat Book 4, Poge 73, of the Public Recdrdsi of Miami -Dade
County, Florida, LESS the North 10 feet of Lots 43, 44, 45 and 46; AND LESS that portion of Lots 46, 47. 48,
49 and 50, lying within 35 feet of the center line of S.W. 37th Avenue, a/k/a Douglas Road, as shown in
State Rood Department Map, recorded in Plat Book 76, Poge 26, of the Public Records. of Miami -Dade County,
Florida, being more fully described as follows:
A portion of Lots 43, 44, 45, 46, 47, 48, 49, 50, 52, 53 and 54, in Block 6, of Amended Plat of Miami
Suburban Acres, according to the plat thereof as recorded in Plot Book 4, Page 73, of the Public Records of
Miami-Dode County, Florida being more particularly described as follows:
Begin at the Southeast corner of said Lot 54 in Block 6; thence North 00'05'39" West along the East line of
s.'- Lots 54 and 43 for 283.12 feet to a point on a line being 10.00 feet South of,- as measured at right
to. the North line of said Lots 43, 44. 45 and 46; thence South 89'59'48" West along said line being
1 r,rs feet South of the North line for 264.51 feet to a point on a line being 35.00 feet east of, as measured
at right angles to the center line of S.W. 37th Avenue, as it now exists; thence South 00'12'20" East along
sold line being 35.00 feet east of said center line for 233.11 feet to a point on the South line of said Lot 50;
thence North 89.59'43" East along said South line for 114.10 feet to the Southeast corner of said Lot 50;
thence South 00'06'32- East for 50.02 feet to the Southwest corner of said Lot 52; thence
North 89'59'43` East along the South line of soid Lots 52, 53 and 54 for 149.94 feet
to the Point of Beginning.
Said lands lying and being in Miami -Dade County, Florida and containing 69,057 square feet or 1.565 acres.
•
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 the factors set forth in Section 2210 of Ordinanc- •: = #0, I move that the
request on agenda"item,# 4 be recommended to the City Commission f• (approv- (denial).
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Agenda Item Date