HomeMy WebLinkAboutZB Reso 12-12-05Miami Zoning Board
Resolution No.: 2005-1100
Monday, December 12, 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 WITH A CONDITION 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 39, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-2
TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL, FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 1919, 1927, 1935, 1945 AND 1965 SOUTHWEST 9TH
STREET, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-2 TWO-FAMILY RESIDENTIAL. THE BOARD
RECOMMENDED APPROVAL WITH THE EXCEPTION OF THE SOUTH 90 FEET OF THE
PROPERTY; SUCH 90 FEET MEASURED FROM THE PROPERTY LINE ON SOUTHWEST 9TH
STREET, SHALL BE ZONED FROM R-2 TO R-4, SO AS TO CREATE AN ADDITIONAL
RESIDENTIAL BUFFER AND NOT ALLOW ANY FUTURE COMMERCIAL USES ON THIS
PORTION OF THE PROPERTY.
Upon being seconded by Mr. Angel Urquiola,
the motion was passed and adopted by the following vote:
Mr. Charles J. Rowers Yes
Mr. Miguel Gabela Yes
Mr. Joseph H. Ganguzza Yes
Mr. Charles A. Garavaglia No
Ms. ileana Hernandez -Acosta Yes
Ms. Chloe Keidaish Away
Mr. Carlos Martell Yes
Mr. Juvenal A. Pina Yes
Mr. Angel Urquiola Yes
AYE: 7
NAY: 1
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 1
Ms. Fernandez: Motion carries 7-1
Teresita ..L....Fernandez, . E e.cutive..Secretar
Hearing Boards
Case No. 2005-1048
Item Nbr:
15
e
w
"EXHIBIT A"
LEGAL DESCRIPTION:
LOTS A, B AND C, "TAMIAMI HEIGHTS EXTENSION'',
LOTS A, IN PLATBOOK 21 HEIGHTS
T PAGE ACCORDING TO THE PLAT
COUNTY, FLORIDA.RECO48, DE THE PUBLIC RECORDS TI EI d
OF MlAMI-DAD,
AND
LOT 7, 8, 9 AND 10, BLOCK 3,
HTAMIAMI HEIGHTS", ACCORDING TO THE P
COUNTY, FLORIDA,
RECORDED IN PLAT BOOK 7, AT PAGE 64 OF THE PUBLIC RECORDS OF MIA TTH
M I
CONTAINING 51,557 SQUARE FEET± (1184 ACR
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: After considering the factors set forth in Section 2210 of Ordinance No. 11000, I move that the
request on agenda item # kC beecommended to the City Commission for (approval) (denial).
Signature
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