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Resolution No,: 2005-1108
Monday, December 12, 2005
Mr. Joseph H. Ganguzza 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 CHANGE OF ZONING IN THE OFFICIAL ZONING ATLAS OF ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, PAGE 8,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM C-1
RESTRICTED COMMERCIAL TO R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL, FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 1165, 1169, 1173, 1177 AND 1199
NORTHEAST 79T STREET, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED),
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED
COMMERCIAL.
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 Yes
Mr. Charles A. Garavaglia Yes
Ms. Ileana Hernandez -Acosta Yes
Ms. Chloe Keidaish Away
Mr. Carlos Martell Yes
Mr. Juvenal A. Pina Yes
Mr. Angel Urquiola No
AYE: 7
NAY: 1
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 1
Ms. Fernandez: Motion carries 7-1
I
Teresita L. Fernandez, Executive Sec
Hearing Boards
Case No. 2005-1060
Item Nbr:
12
GAL DESCRIPTION:
RCEL 2
,OT 1 AND THE WEST 1/2 OF LOT 2, LESS THE EAST 22 FEET THEREOF, BLOCK 2 OF
�AUSEWAY BAYFRONTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44,
PAGE 60, LESS RIGHT OF WAY TAKEN BY MIAMI-DADE COUNTY IN CASE NO. 66L-4341 AS SET
WORTH IN THAT CERTAIN
REC RECORDED IN OFFICIAL RECORDS BOOK MBER 13, �UNDER66,
W. 66R-186659 AND
BOOK 5306,PAGE61.8, OF THE PUBLIC
,ECORDS OF MIAMI--DADE COUNTY, FLORIDA.
A PORTION OF PARCEL 4A
THE EAST 22 FEET OF THE WEST 1/2 OF LOT 2, BLOCK 2 OF CAUSEWAY
F ON S, RIGHT
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44, PAGE
6OF WAY TAKEN BY MIAMI-DADE COUNTY IN CASE NO. 66L-4341 AS SET FORTH IN THAT
AiAIN ORDER IN OFFICIAL RECORDSEMBER 13, BOOK 5306,1966, PAGEU618,ROFLERK'S FILE THE PUBLIC O. RECORDS 66R-186659
OF TAKING FILED RECORDS OF
AND RECORDED
MIAMI--DADE COUNTY, FLORIDA.
AND
THE WEST 1/2 OF THE EAST 1/2 OF LOT 2, BLOCK 2 OF CAUSEWAY BAYFRONTS, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44, PAGE 60, LESS RIGHT OF WAY TAKEN
BY MIAMI--DADE COUNTY IN CASE NO. 66L-4341 AS SET FORTH IN THAT CERTAIN ORDER OF
TAKING FILED DDSEBOOK 5306,966, PAGE UNDER618, OF THE PUBLIC RECORDS 6659 AND OF RECORDED
OF MIAMI-DADEC UNTY,
OFFFFICIAL, RECOR
DRIDA.
AND
THE EAST 1/4 OF LOT 2, BLOCK 2 OF' CAUSEWAY BAYFRONTS, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 44, PAGE 60, LESS RIGHT OF WAY TAKEN BY
MIAMI-DADE COUNTY IN CASE NO. 66L-4341 AS SET FORTH IN THAT CERTAIN ORDER OF
TAKINGFFCIFILED DD153, 1966,
OPAGE UNDER
OF THEPUBIC RECORDS B6659 AND OF MIAMII--DADERDED IN
COUNTY,
OFFICIAL RECORDS BOOK 530 ,
FLORIDA.
AND
E PLAT
LOT 3, IN
IN
OPLAT BOOK CAUSEWAY 44, PAGEB60FOF THE PUBLICNG TO RECORDS OF THEREOF
OF AS
OF MIAMI-DADE
RECORDED
COUNTY,
FLORIDA,
LESS THE FOLLOWING:
BEGIN AT THE SOUTHWEST CORNER OF LOT 3, IN BLOCK 2, OF CAUSEWAY BAYFRONTS,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44, PAGE 60, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE RUN EASTERLY ALONG THE SOUTH
LINE OF SAID LOT 3, FOR A DISTANCE OF 51.98 FEET TO THE POINT OF CURVATURE OF A
CIRCULAR CURVE CONCAVE TO THE NORTHEAST; THENCE RUN NORTHWESTERLY, ALONG THE
ARC OF SAID CIRCULAR CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 284 FEET
THROUGH A CENTRAL ANGLE OF 10 DEGREES 32' 21" FOR AN ARC DISTANCE OF 52.24 FEET
THE POINT ALONG RUN
I THE WEST LINE OF SAID H THE WLOT 3, FOR EST LINE FASDISTANCE AID LOT 3OFTHENCE 4.79 FEET TO THE
UTHERLY,
PINT OF BEGINNING.
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 Tight 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: A r n 'dering the factors set forth in Section 2210 of Ordinance rova! move that the
request item # be recommended to the City Commission f (app (denial).
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