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Resolution No.: 06-1240
Monday, October 16, 2006
Mr. Juvenal A. Pina 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. 9, 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-1 SINGLE
FAMILY RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL FOR
THE PROPERTY LOCATED AT APPROXIMATELY 399 NORTHEAST 82ND
TERRACE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-1 SINGLE-FAMILY
RESIDENTIAL.
Upon being seconded by Mr. Ron Cordon,
the motion was passed and adopted by the following vote:
Mr. Ron Cordon Yes
Mr. Miguel Gabela Yes
Mr. Joseph H. Ganguzza Away
Mr. Charles A. Garavaglia Yes
Ms. lieana Hernandez -Acosta Yes
Ms. Chloe Keidaish Away
Mr. Juvenal A. Pina Yes
Mr. Angel Urquiola No
AYE: 5
NAY: 1
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 2
Ms. Fernandez: Motion carries 5-1
Teresita L. Fernandez, Executive Secretary
Hearing Boards
File ID#: 06-00829zc
Z.5
Exhibit "A"
Legal Description
A portion of Lot 19 of "TUTTLES SUBDIVISION", according to the plat
thereof as recorded in Plat Book B, at Page 3, of the Public Records of
Miami -Dade County, Florida, lying South of the South line of the Little River
and West of the Westerly Right -of -Way line of the Florida East Coast
Railroad Right -of -Way, being more particularly described as follows:
Commence at the Southwest corner of said Lot 19; thence run East, along
the South Line of said Lot 19, for a distance of 162.00 feet to the Point of
Beginning of parcel of land hereinafter to be described; thence continue
East, along said South line of Lot 19, for a distance of 60.00 feet to a point
of intersection with the Westerly Right -of -Way line of the Florida East Coast
Railroad Right -of -Way, said point being a point an curve bearing S. 84° 06'
06" E. to the center of said curve, having for its elements a Radius of
1960.08 feet and a central angle of 19° 13' 34"; Thence run Northeasterly
along the arc of said circular curve, concave to the Southeast, (also being
said Westerly right-of-way line), for an arc distance of 657.72 feet to a point
of tangency of said circular curve (said point bears N. 64° 52' 32" W. from
the center of said curve); Thence run N. 25° 07' 28" E. for a distance of 14
feet, more or less, to the Southerly water's edge of the Little River; Thence
meandering Northwesterly and Westerly, along said Southerly water's
edge, for a distance of 338 feet more or less to a point of intersection with
the Easterly line of Lot 13 of "FLORA DEL RIO", according to the plat
thereof as recorded in Plat Book 42, at Page 38, of the Public Records of
Miami -Dade County, Florida; Thence run S. 00° 08' 06" W., along said
Easterly line of Lot 13 and its Southerly extension, for a distance of 172
feet more or less to the Southeast corner of the Right -of -Way of N.E. 84th.
Street, as shown on recorded plat of "FLORA DEL RIO", according to the
plat thereof as recorded in Plat Book 42, at Page 38, of the Public Records
of Miami -Dade County, Florida; Thence run West, along the Southerly line
of said right-of-way of N.E. 84th. Street, for a distance of 20.00 feet to a
point of intersection with the Easterly Right -of -Way line of N.E. 4th.
Avenue, as shown on said recorded plat of "FLORA DEL RIO"; Thence run
S. 00° 08' 06" W. along said Easterly Right -of -Way line of N.E. 4th.
Avenue, for a distance of 692.50 feet to the Point of Beginning. Said
described parcel of land lying and being situated in the City of Miami,
Miami -Dade County, Florida.
Property Address: 399 N.E. 82nd. Terrace, Miami, Florida.
MIAMI 1055735.1 7678424983
5/5106 02:14,PA1i..06_0
6
Circie appropriate condition
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. 1100 3, 1 move that the
request on agenda ' em # be recommended to the City Commission for (approval (denial)."
Sign
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it
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