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HomeMy WebLinkAboutZB ResoMiami Zoning Board Resolution No.: 2005-1012 Monday, March 28, 2005 Mr. Juvenal A. Pina 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 30, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN SD-19 DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF 1.0. FOR THE PROPERTIES LOCATED AT APPROXIMATELY 260, 282 & 296 NW 57 AVENUE AND 5710 NW 3 STREET, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, ZONED R-3 MULTIFAMILY MEDIUM - DENSITY RESIDENTIAL. 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 Away Mr. Charles A. Garavaglia No Ms. Ileana Hernandez -Acosta Away Mr. Carlos Martell Yes Mr. Juvenal A. Pina Yes Mr. Angel Urquiola Yes Mr. Georges William Yes AYE: 6 NAY: 1 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 2 Ms. Fernandez: Motion carries 6-1 Teresita L. Fernandez, Executive Sec Hearing Boards Case No. 2005-0950 Item Nbr: 6 Exhibit "A" Legal Description: .sit 29 less the East 5 feet for street , Block 19, WEST FLAGLER PARK, according to the map thereof, as recorded in Plat Book 8, Page 96 of the Public Records of Miami -Dade County, Florida. •eqal Description: its 27 and 28 Iess the North 5 feet thereof, Blofk 1i , Miami -Dade FLAGLER County, Florida.APARK, according to the map thereof, as recorded in Plat Book.8, Page 96, of the Public Legal Description: Lots 25 and 26 Iess the East 5 feet thereof for Right of Way, Block 19, WEST FLAGLER PARK, according to the map thereof, as recorded in Plat Book 8, Page 96 of the Public Records of Miami -Dade County, Florida. Legal Description: • Lot 30 less the East 5 feet thereof for street, Block 19, WEST FLAGLER PARK, according to the map thereof, as recorded in Plat Book 8, Page 96, of the Public Records of Miami -Dade County, Florida. Section 2210. Nature and Requirements of Zoning Board Report to City Commission Circle appropriate conditions): 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 Ordinance No. 11000, I move that the request on agenda)em # e recommended to the City Commission for (approval) (denial). Signature _TLv Print Name Pekt_in Anria It .m Date