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Home My WebLink AboutZB Reso (With Revised Legal)Miami Zoning Board Resolution No.: 06-1222 Monday, September 11, 2006 Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000, THE ZONING BOARD RECOMMENDED DENIAL TO THE CITY COMMISSION OF THE CHANGE OF ZONING AMENDING PAGE NO. 44, 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 GI GOVERNMENT AND INSTITUTIONAL TO R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 3663 SOUTH MIAMI AVENUE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED GI! GOVERNMENT AND INSTITUTIONAL. Upon being seconded by Mr. Angel Urquiola, the motion was passed and adopted by the following vote: Mr. Ron Cordon Yes Mr. Miguel Gabela Yes Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. Ileana Hernandez -Acosta No Ms. Chloe Keidaish Away Mr. Juvenal A. Pine No Mr, Angel Urquiola Yes AYE: 5 NAY: 2 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 1 Ms. Fernandez: Motion carries 5-2 Teresita L. Fernandez, Executive Secr Hearing Boards File ID#: 06-01060zc Z.3 "EXHIBIT A" Mercy's Bayshore - Survey drawing legal description amendment for Fortin, Leavy, Skiles, Inc drawing Number 2005-107-2 LEGAL DESCRIPTION: A portion of Tract "A" and Tract "C" MERCY HOSPITAL, according to the plat thereof, as recorded in Plat Book 148 at Page 51 of the Public Records of Miami -Dade County, Florida and being more particularly described as follows: Commence at the most Westerly corner of said Tract "C", the following four (4) courses being along the exterior boundary of said MERCY HOSPITAL; (1) thence South 37°12'15" East along the Southwesterly boundary line of said Tract "C" (Mercy Road) for 1012.22 feet to the Point of Beginning of the hereinafter described parcel of land; (2) thence continue South 37°12'15" East along said Southwesterly boundary line of Tract "C" and Tract "A" for 336.08 feet; (3) thence South 71 °07'14" East for 545.86 feet; (4) thence North 54°03'23" East for 176.00 feet, the two (2) previous courses also being along the Miami -Dade County Bulkhead Line and U.S. Harbor Line per Plat Book 74 at Page 3 of said Public Records of Miami - Dade County, Florida; thence departing said Boundary Line and Bulkhead Line, North 35°56'37" West, at right angles to the previous course, for 165.00 feet; thence North 45°10'47" West for 303.91 feet; thence North 37°12'15" West for 301.99 feet to a point on of curvature; thence Westerly along a 25.00 foot radius curve leading to the left through a central angle of 90'00'00" for an arc distance of 39.27 feet to a point of tangency; thence South 52°47'45" West along a line parallel with and 50.00 feet Southeasterly of the exterior boundary of said Tract "A"; for 417.00 feet to the Point of Beginning. AND: PRIVATE ROAD A portion of Tract °'A", MERCY HOSPITAL, according to the plat thereof, as recorded in Plat Book 148 at Page 51 of the Public Records of Miami -Dade County, Florida and being more particularly described as follows: Commence at the most Westerly comer of said Tract "C"; thence South 37°12'15" East along the Southwesterly boundary line of said Tract "C" (Mercy Road) for 962.22 feet; thence North 52°47'45" East at right angles to the previous course for 40.00 feet to a point on the boundary line of said Tract "A", also being the Point of Beginning of the hereinafter described parcel of land; thence continue North 52°47'45" East along the exterior boundary line of said Traci "A" for 427.00 feet; thence South 37° 12' 15" East for 303.18 feet; thence South 45°10'47" East for 480.57 feet to a point of curvature; thence Easterly along a 25.00 foot radius curve leading to the left through a central angle of 80°45'50" for an arc distance of 35.24 feet to a point of tangency; thence North 54'03'23" East along a line 44.00 feet Northwesterly of the exterior line of said Tract "A", for 7] _15 feet to a point of curvature; thence Northeasterly along a 25.00 foot radius curve leading to the left through a central angle of 91 ° 12'09" for an arc distance of 39.79 feet to a point of tangency; thence North 37°08'46" West for 29.65 feet; thence North 52°51'14" East for 20.00 feet; thence South 37°08'46" East for 31.12 feet to a point of curvature; thence Southeasterly along a 25.00 foot radius curve leading to the left through a central angle of 88°47'51 " for an arc distance of 38.76 feet to a point of tangency; thence North 54°03'23" East along a line 44.00 feet Northwesterly of the exterior line of said Tract "A", for 95.53 feet; thence South 35°56'37" East for 44.00 feet to a point on the exterior boundary line of said Tract "A"; thence South 54°03'23" West along said exterior line, also being along the Miami -Dade County Bulkhead Line and U.S. Harbor Line per Plat Book 74 at Page 3 of said Public Records of Miami -Dade County, Florida, for 313.10 feet; thence departing said Boundary Line and Bulkhead Line, North 35°56'37" West, at right angles to the previous course, for 165.00 feet; thence North 45°10'47" West for 303.91 feet; thence North 37°12'15" West for 301.99 feet to a point on of curvature; thence Westerly along a 25.00 foot radius curve leading to the left through a central angle of 90°00'00" for an arc distance of 39.27 feet to a point of tangency: thence South 52°47'45" West along a line parallel with and 50.00 feet Northwesterly of the exterior boundary of said Tract "A", for 330.37 feet to a point on a circular curve concave to the Southeast and whose radial point bears S30°28'51 "W; thence Northwesterly along a 45.00 foot radius curve also being the North line of said Tract "C" (Mercy Road) through a central angle of 51'05'07" for an arc distance of 40.12 feet to a point of reverse curvature; thence Southeasterly along a 25.00 foot radius curve also being the North line of said Tract "C" (Mercy Road) through a central angle of 73°23'30" for an arc distance of 32.03 feet to the Point of Beginning. Circie appropriate conuw 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. 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, that the re ' st on agenda item # be recommended to the City Commission for (approval) -0 Print Na e Agenda item Date