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Resolution No.: 2006-1145
Monday, March 13, 2006
Mr. Carlos Martell 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 SD-7 CENTRAL BRICKELL
RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICTS TO SD-7 CENTRAL BRICKELL
RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICTS AND SD-19 DESIGNATED F.A.R.
OVERLAY DISTRICT, F.A.R. OF 6.25 FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 33 AND 45 SOUTHEAST 7TH STREET & 38 AND 40 SOUTHEAST 6TH
STREET, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA; ZONED SD-7 CENTRAL BRICKELL RAPID TRANSIT
COMMERCIAL -RESIDENTIAL DISTRICTS.
Upon being seconded by Mr. Miguel Gabela,
the motion was passed and adopted by the following vote:
Mr. Ron Cordon No
Mr, Miguel Gabela Yes
Mr. Joseph H. Ganguzza No
Mr. Charles A. Garavaglia Yes
Ms. lleana Hernandez -Acosta Away
Ms. Chloe Keidaish Yes
Mr. Carlos Martell Yes
Mr. Juvenal A. Pine Yes
Mr. Angel Urquiola Yes
AYE: 6
NAY: 2
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 1
Ms. Fernandez: Motion carries 6-2
Teresita L. Fernandez, Executive Secretaly
Hearing Boards
Case No. 2006-1101
Item Nbr:
8
EXHIBIT "A"
LEGAL DESCRIPTION
REZONING FROM SD-7 to SD-7 with SD-19 OVERLAY
File ID: 06-00481
Lots 8, 9, 10, 11 and 12 of Block 107A of "MARY BRICKELL ADDITION OF
MAP OF MIAMI," according to the plat thereof, as recorded in Plat Book B at
Page 113 of the Public Records of Miami -Dade County, Florida.
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 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 he factors set forth in Section 2210 of Ordinance No. :11000, I move that the
request on agenda item be recommended to the City Commission for Capprovall (denial).
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