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Resolution No.: 09-0014
Monday, March 9, 2009
Mr. Richard Tapia 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. 26, 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-2 TWO-FAMILY RESIDENTIAL
TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT
APPROXIMATELY 1400 NORTHWEST 27TH AVENUE, LEGALLY DESCRIBED AS
EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA; ZONED R-2 TWO FAMILY RESIDENTIAL.
Upon being seconded by Mr. Ron Cordon,
the motion was passed and adopted by the following vote:
Mr. Bret Berlin
Away
Mr. Ron Cordon
Yes
Mr. Charles A. Garavaglia
Yes
Ms. Ileana Hernandez -Acosta
Yes
Mr. Lazaro Lopez
Away
Mr. Juvenal A. Pina
Yes
Mr. Cornelius Shiver
Yes
Mr. Richard Tapia
Yes
Mr. Angel Urquiola
Yes
AYE:
7
NAY:
0
ABSTENTIONS:
0
NO VOTES:
0
ABSENT:
2
Ms. Fernandez: Motion carries 7-0
Teresita L. Fern ndez, Executive 5, ee retary
Hearing Boards
File ID#: 09-00027zc Z.10
Exhibit A
LEGAL DESCRIPTION:
LOT 4, LESS THE SOUTH 10 FEET, BLOCK 1, "OAKHURST" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 9, PAGE 142, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
CONTAINING 10,470 SQUARE FEET, 0,2404 ACRES.
Section 2210. Nature and Requirements of Zoning Board
Report to City Commission
Circle appropriate condition(s):
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: A' i eri gthe_fa rs s h in Section 2210 of Ordinance No. 11000, 1 move that the
request o a m be recommend e to the i Commission forapprova (denial).
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