HomeMy WebLinkAboutZB Resoa i Zoning Board
Resolution No.: 06-1249
Monday, October 30, 2006
Mr. Ron Cordon 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 CHANGE OF ZONING AMENDING PAGE NO. 21, 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-4
MULTIFAMILY HIGH -DENSITY RESIDENTIAL WITH AN SD-20 EDGEWATER
OVERLAY DISTRICT TO C-1 RESTRICTED COMMERCIAL WITH AN SD-20.1
BISCAYNE BOULEVARD EDGEWATER OVERLAY DISTRICT FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 402 NORTHEAST 36TH STREET
AND 347 NORTHEAST 35TH TERRACE, LEGALLY DESCRIBED EXHIBIT "A"
(HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA;
ZONED R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL WITH AN SD-20
EDGEWATER 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 Gabela Yes
Mr. Joseph H. Ganguzza No
Mr. Charles A. Garavaglia Away
Ms. lleana Hernandez -Acosta Yes
Ms. Chloe Keidaish No
Mr. Juvenal A. Pine Yes
Mr. Angel Urquiola Away
AYE: 4
NAY: 2
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 2
Ms. Fernandez: Motion carries 4-2
Teresita L. Fernandez, Executive Secretary
Hearing Boards
File iD#: 06-01234zc Z.5
PROPERTY -ADDRESS:
402 NE 36th STREET 8, 347 NE 35th TERRACE, MIAMI, FL, 33137
DESCRIPTION
PARCEL 1
The East 80 fee of kit 4. 1s1he South 40 feet of "JOHN F, COLLINS
PROPERTY TO BUENA VISTA" according to the Plat thereof as reconied in
Fiat Book 1 at Page 53 of the Public Records of MIAMi- DADE tounty
Florida,, Less the North 15 feet thereof for Road Right o.f Way
A!k/A/
The North 95feet of Lot 4 Less the West 15 feet and Less the North 1.
feet for Right of Way Purposes of "JOHN F COLLINS PROPERTYTO
BUENA VISTA" according It the Plat thereof as recorded in Plat Boo A 1
at Page 53 of the Public Records of MIAMI - DADE County., Florida.
AND
PARCEL 2
The South 40 feet of the East 70 feet of Lot 4 of "JOHN F. COLLINS
PROPERTY TO BUENA VISTA" according to the Plat thereof as recorded in
Plat Book 1 at Page 53 of the Public Records of MIAMI - DADE County
, Florida.
The undersigned hereby certifies that the two (2) parcels of land more
particularly described hereon are contiguous to each other along the
Southfsouthernlboundary of the first parcel and the North [northern]
boundary of the second parcel, without any gaps or gores,
Circie appropriate con is
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 Ir. ye, that the
request on age a item #„ be recommended to the City Commission for (approval)( enia
Print Name
Aoenda Item
1
Date