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HomeMy WebLinkAboutZB ResoMiami Zoning Board Resolution Nos 06-1195 Monday, June 26, 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 TO AMEND PAGE NO. 35, OF THE ZONING ATLAS OF ORDINANCE NO, 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM - DENSITY RESIDENTIAL WITH AN SD-12 BUFFER OVERLAY DISTRICT TO C-1 RESTRICTED COMMERCIAL WITH AN SD-25 SW 8TH STREET SPECIAL OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 720 SOUTHWEST 8TH AVENUE, AND 800, 810, 816 AND 826 SOUTHWEST 7TH STREET, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN SD-12 BUFFER OVERLAY DISTRICT, Upon being seconded by Mr. Miguel Gabela, the motion was passed and adopted by the following vote: Mr, Ron Cordon Yes Mr. Miguel Gabeia Yes Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. Ileana Hernandez -Acosta Away Ms. Chloe Keidaish Yes Mr. Carlos Martell Yes Mr. Juvenal A. Pina Yes Mr. Angel Urquiola Yes AYE: 8 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 1 Ms. Fernandez: Motion carries 8-0 Teresita L. Fernandez, Executive S Hearing Boards File ID#: 06-00618zc Z.2 LEGAL DESCRIPTIONS; SLOT 9 AND THE EAST 19.6 FEET OF LOT 10 a B, AT � ITION E 160, OF©H ITY OF.PUBLIC RECORDS pFDDADE ING TO THE PLAT THEREOF, RECORDED IN PLAT B COUNTY, FLORIDA. AND ALL OF THE PLAT HEREOF, RECORDED IN PLAT BOOK ©6 AT PAGECEPT THE WEST 130.4 FEET THEREF " 37, ADDITION", ACCORDING TO 37, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. AND 'THE WEST 30.4 FEET OF LOT 10 AND THE EST 13.2 THEREQF�RECORDED IN PLAT BOOK�B"", AT PAGR'S E 160, T� , OF CITY OF M1AM1", ACCORDING TO THE PLAT THE WEST THE PUBLIC 6RECORDS OF DADE COITION ACCORDING TO THE PLAT THEREOFrr% FLORIDA, AND THE EAST 43.6 FEET OF INPLAT FEET OF LOT 6 OF SIMPS©N'S ADDITION, 'OOK 16, AT PAGE 37, OF THE PUBLIC RECORDS OF DADE COUNTY, A/K/A 810 S.W. 7TH STREET, „1IAMI, FLORIDA. AND P84N ADDITION", *COMMENCING AT A POINT ON THE SOUTH BOUNDARY OF LOT 6, " SIMPSON 37, OF TON, PUBLIC ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 16,SAID RECORDS OF DADE COUNTY, FLORIDA. H� ��� B�uNDARY OF SAOF THE ND LOT 6 TEN FEETTHWEST OFO A POINT; 6; THENCE RUN SOUTH PARALLEL WITH TISTANCE THENCE RUN WEST PAS -LET TO THE SOUTH W�O NDARY OF SAID LOT 6 A THE WEST BOUNDARY OFDTHE SAIDOD"i SIX S XT`( 0.8 FEET TO A POINT; THENCE RUN SOUTH PARR STREET FEET, MORE OR LESS, TO A POINTON THE NORTH HAS RECORDED IN PLAT BOUNDARY OF A BOOK B, ATTPAGE 160, OF SHOWN ON THE PLAT OF HORNENORTH THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA ; THENCE RUNWESTCE RUN NORTHG THPARALLEL TO BOUNDARY OF THE AFORESAID STREET 42.9 FEET TO A POINT; THE WEST BOUNDARY OF SAID LOT 6 SEVENTY FEET, MORE OR LESS, TO A POINT ON THE SOUTH F BEGINNIG. BOUNDARY OF THE SAID LOT SIX; THENCE RUN EAST 6,� SIMPSON ADDITION POINT ACCORDING NO THE THE EAST 43.7 FEET OF THE WEST 86.9 FEET PLAT THEREOF, AS RECORDED IN PLAT BOOK 16, PAGE 37, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. AND * THE WEST 43.1 FEET OF LOT 6 OF " AIL �t� OF EN DP 1B �C RECORDS OF DADE COUNTY, FLORIDA, RECORDEDEOF, IN PLAT BOOK 16, AT PAGEING TO THE PLAT AND THE WEST 43.1 FEET OF LOT 12 OF " HOR�'S PUB©DC RECORDS 'OR©D ®E COUNTY.FLORIDA.OF RECORDED IN PLAT BOOK B, AT PAGE 160 OF THE Circle appropriate conditioni,$): 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 the 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 cpprovai (denial). Signature— Print Name LQ- Agenda item Date