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Resolution No.: 2005-1072
Monday, October 17, 2005
Mr. Carlos Martell offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000, AS
AMENDED, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION
OF THE OFFICIAL VACATION AND CLOSURE OF AN ALLEY NORTH OF NORTHEAST 39TH
STREET, EAST OF BISCAYNE BOULEVARD, LEGALLY DESCRIBED AS EXHIBIT "A"
(HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL. THIS OFFICIAL VACATION AND CLOSURE
WAS RECOMMENDED APPROVAL SUBJECT TO THE FOLLOWING CONDITION BY THE
PLANNING DEPARTMENT: THE APPLICANT SHALL COMPLY WITH ALL CONDITIONS SET
FORTH IN THE APPROVED FINAL DECISION OF CLASS II 05-0235.
Upon being seconded by Ms. Chloe Keidaish,
the motion was passed and adopted by the following vote:
Yes
Yes
Away
Yes
No
Yes
Yes
No
Yes
Mr. Charles J. Flowers
Mr. Miguel Gabela
Mr, Joseph H. Ganguzza
Mr. Charles A. Garavaglia
Ms. Ileana Hernandez -Acosta
Ms, Chloe Keidaish
Mr. Carlos Martell
Mr. Juvenal A. Pina
Mr, Angel Urquiola
AYE: 6
NAY: 2
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 1
Ms. Fernandez: Motion carries 6-2
r
eresita L. Fern a'nelez, Executive Seer tart'
Hearing Boards
Case No. 2005-1017
Item Nbr:
8
SKETCH AND LEGAL DESCRIPTION
FOR ALLEY CLOSURE
S 89'49'36' E 70.0
A
41,3
19
01.E *EST 7a0.
eo.
P.O.B.
n.e
a
Lai
14.0'
N.E. 39th STREET
LEGAL DESCRIPTION:
A PORTION OF AN UNNAMED 14 FOOT ALLEY LYING BETWEEN LOT 19 AND LOT A AS SHOWN ON THE PLAT
ENTITLED "SECOND AMENDED PLAT OF MAGNOLIA PARK", ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 5 AT PAGE 25 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 19 FOR A POINT OF BEGINNING; THENCE RUN NORTH
0' 16'27" EAST (ASSUMED BEARING) ALONG THE EAST LINE OF SAID LOT 19 FOR A DISTANCE OF 197.54
FEET; THENCE RUN SOUTH 89'49'36" EAST FOR A DISTANCE OF 14.00 FEET TO A POINT ON THE WEST
LINE OF SAID LOT A; THENCE RUN SOUTH 016'27" WEST ALONG THE WEST LINE OF SAID LOT "A" FOR A
DISTANCE OF 197.50 FEET; THENCE RUN DUE WEST FOR A DISTANCE OF 14.00 FEET TO THE POINT BEGINNING.
CONTAINING 2765.28 SQUARE FEET OF LAND, MORE OR LESS.
SURVEYOR'S CERTIFICATION: (THIS 1S NOT A SURVEY)
WE HEREBY CERTIFY: THAT THIS "SKETCH AND LEGAL DESCRIPTION FOR ALLEY CLOSURE", IS
TRUE AND CORRECT AS PREPARED UNDER OUR DIRECTION AND THIS "SKETCH OF
EASEMENT LEGAL DESCRIPTION" COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS
FOR LAND SURVEYS IN THE STATE OF FLORIDA, UNDER CHAPTER 472 OF THE STATE
STATUTES, 61 G17-6.006.
BY:
ORDER NO. 13661
A.R. TOUSSAINT & ASSOCIATES, INC.
LAND SURVEYORS
FLORIDA CERTIFICATE OF
AUTHORIZATION No. LB-273
620 N.E. 1.26 ST.,yhi0f 11 Mt' 1, FLORIDA 33161
ALBERT R. TOUSSAINT
PROFESSIONAL SURVEYOR & MAPPER No. 907
PROFESSIONAL ENGINEER No. 8939
STATE OF FLORIDA
SHEET 1 OF 1
PRES.
DATE: SEPTEMBER 06, 2005
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.
1) 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
indiv oval owneothe r asto c weifa owners within the
same classification and the immediate area and furthers protect
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 t factors set forth in Section 2210 of Ordinance No.000, move that the
reque n agenda,item # be recommended to the City Commission for (approval) )'
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