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HomeMy WebLinkAboutZB ResoMiami Zoning Board Resolution No.: 07-0041 Monday, May 14, 2007 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 APPROVAL TO THE CITY COMMISSION TO AMEND PAGE NO. 21, OF THE ZONING ATLAS OF ORDINANCE NO, 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, 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 "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF 2.3, AND "SD-20" EDGEWATER OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 601, 611, 613 AND 615 NORTHEAST 23RD STREET AND A PORTION OF A PARCEL EAST OF 615, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Upon being seconded by Mr. Angel Urquiola, the motion was passed and adopted by the following vote: Mr. Bret Berlin No Mr. Ron Cordon Yes Mr. Jorge Luis Lopez Yes Mr. Miguel Gabela (alternate) N/A Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. Ileana Hernandez -Acosta No Mr. Juvenal A. Pina No Mr. Cornelius Shiver Yes Mr. Angel Urquiola Yes AYE: 6 NAY: 3 ABSTENTIONS: 0 NO VOTES: 1 ABSENT: 0 Ms. Fernandez: Motion carries 6-3 Teresita L. Fernandez, Executive Secretary Hearing Boards File ID#: 04-01269zc Z.1 EXIT 'T LEGAL DESCRIPTION The East 45 feet of Lot 4 and the West 5-feet of Lot 5 of SHORELAWN according to the Plat thereof as recorded in Piet Book 9, at page 23 of the Pub'; Records of Miami -Dade C,ounty, Florida, AND; The Eas1. 15 feet of Lot 5 and all of Lot 6 and the West 35 feet of Lot 7 of SHORELAWN according to the Plat thereof as recorded in Plat Book 9, at page 23 of the Public Records of Miarhi-Dade County, Florida; AND: The West 30 feet of the East 45 feet of Lot 5 of SHORELAWN according to the Plat thereof as recorded in Plat Book 9, page 23 of the Public Records of Miami -Dade County, Florida; AND: Lot 2, less the West 5 feet Thereof, all of Lot 3, and the West 5 feet of Lot 4 of SHORELAWN according to the Plat thereof as recorded in Plat Book 9, at page 23 of the Public Records of MiamkDade County, Florida, .I35SO5VM22`, 4 6B581 4 3 812304 12:19 PM 12 Circle appropriate conditionts): 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 ditricts already p Ong such use. Mc t fter considering the factors sett orth in Section 2210 of Ordinance 1000, 1 m• t #fie regr r "n nda item # I be recommended to the City Commis ion egnaure Aaend gem Date