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HomeMy WebLinkAboutZB ResoMiami Zoning Board Resolution No.: 2005-1024 Monday, May 23, 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 36, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM PR PARKS AND RECREATION TO SD-5 BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 501 BRICKELL AVENUE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED) PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED PR PARKS AND RECREATION (THIS IS A COMPANION ITEM TO ICON BRICKELL MUSP). 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 Yes Mr. Charles A. Garavaglia Yes Ms. lleana Hernandez -Acosta Yes Ms. Chloe Keidaish Abst Mr. Carlos Martell Away Mr. Juvenal A. Pine Yes Mr. Angel Urquiola Away Mr. Georges William Yes AYE: 7 NAY: 0 ABSTENTIONS: 1 NO VOTES: 0 ABSENT: 2 Ms. Fernandez: Motion carries 7-0 Teresita L. Fernandez, ExecutiSecretary Hearing Boards Case No. 2005-0982 Item Nbr: 3 Exhibit "A" LEGAL DEBCRIPTtON: A paw of 'encat3. PARK`, according to a Plot thereof, ce recorded ih Pot Book 15, at Pogo 39 and a portion of Cooed Book 323. Pogo 298, oe shown on 'BRICKEIL POINT", ooeordkIg to o Plat thereof, as recorded In Pict Book B. of 34, �or�a. both of the Public Record. of Mlomt-.Dodo County, fiortdo, iytng and being 1n the City of kliomt, Miorni—Dodo County. belong more porticukrry described ar folowic Begin at the intersection of the Carted/ extension of the North line of Southeoet 5th Street with the East right—of—way Ilse of Stickel Avenue as etwwn on soil plat of `BRICKCJ. POINT" recorded in Plat Book 8 at Pogo 34; thence South 78'3915' East, along the North Ins of the PRNATE DRIVE al shown on maid "BRICKELL P0811' for 12.38 feet; thence South 13'20'25' West for 17.93 feet; thence South 88'07'25' West for 49.35 feet to a point of curvature; thence southwerterty along a 20.00 foot radius curve, leading to the left. through a control angle of 74'48'30' for on art distance of 28.10 foot to a point of cusp, said point lying on sold right of way lino of Bickel Avenue; thence North 1310'55' East along said East right of way Ono for 50.18 feet to the Point of Beginning. AND A portion of "BRICICEU. PARK', according to a Plat thereof, ae recorded In Piot Book 15. et Page 39 and a portion of Deed Book 323, Pogo 298, as shown on 'BRiCKW. POINT', according to a Plat thereof, or recorded in Plat Book 8, at Pape 34, both of the Pubic Records of Mliami—gods County. Florida, lying and being In the Ctty of Miami, Miami —Dodo County, Florida, being more parlicuiory described oe follows: Commence at the intersection of the Eoeterty sxlension of the North line of Southeout 5th Street with the East right —cif —way line of Stickel' Avenue as shown on said plat of '9RICKEtl. POINT' recorded in Plat Book 8 at Page 34; thine* run South 71'39'35' East, otong the North ikw of the PRNATE DRIVE as ufwm on said 'BRiCKE11. POINT', for 62.38 fist to the Point of Beginning of the hereirwfter describedrece parcel of lend; thence continue South 76'39'35' East for 65.92 feet to RefenPoint "A`; thence South 68'07'25' West for 68.31 feet; thence North 13'20'25' East for 17.93 foot to the Point of Beginning of the hereinafter daaoeribed parcel of land. AND Commence at sold Referonce Point 'A"; thence South 76'39'35" East a paid North One of the Private Drfw as shown on said BRICKELL POINT for 105.24 feet to a point of curvature; thence Northsestedy along a 25.00 foot radius curve, leading to the left, through a control angle of 2515'34" for on arc distance of 12,40 foot to the Point of Beginning of the hereinafter described parcel of lend; thence continue along paid clrsular ears, hooding to the left, through ohoentrai ongte of 42'39'01" for on are distant*of 18.61 fest to a point of reveres curvature; thence Plortheerterly and Soot easterly, along a circular curve to tho right, concave to the South, hewing a radius of 40 feet. through a central angle of 122'23'40'. for an arc distance of 85.45 feet to a point on a own —tangent lino; thence South 78'39'35' East for 284.60 feat; thence South 0C'49'52" West for 20.06 feet; thong North 76'39'35' Wept for 286,33 feet; thence North 63'46'58' Wset for 45.61 foot; thence North 7743'17" West for 10.49 feet; thence South 57'08'37" Wes! for 14.11 feet; thence South 53'47'25' West for 17.02 feet to the Point of Beginning of the hereinafter described porcal of land. 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 Ordinance N e 1000, I move that the request on aggnda iter# be recommended to the City Cummission for (:pprov- (denial). Signatu Agenda Item Print Name 23 -Os Date