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HomeMy WebLinkAboutZB ResoMiami Zoning Board Resolution No.: ZB-R-09-0019 Monday, April 13, 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. 16, 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 G/I GOVERNMENT AND INSTITUTIONAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 5265 NORTH MIAMI AVENUE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI -RADE COUNTY, FLORIDA. Upon being seconded by Ms. Ileana Hernandez -Acosta, the motion was passed and adopted by the following vote: Mr. Bret Berlin Yes Mr. Ron Cordon Away Mr. Charles A. Garavaglia Yes Ms. Ileana Hernandez -Acosta Yes Mr. Lazaro Lopez Yes Mr. Juvenal A. Pina Yes Mr. Cornelius Shiver Away Mr. Richard Tapia Yes Mr. Angel Urquiola Away AYE: 6 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 3 Ms. Fernandez: Motion carries 6-0 1�1 Teresita L. Fern ndez, Executi ecretary Hearing Boards File ID#: 07-00216zc1 Z.5 Exhibit "A" Property Description Lot 10 less the West 10 feet thereof, Block 1, ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof, as recorded in Plat Book 9, Page 30, of the Public Records of Miami -Dade County Florida Specific Legal Description, Folio Number, Address, Ownership and Deed Information for Subject Property Lot 10 less the West 10 feet thereof, Block 1, ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof, as recorded in Plat Book 9, Page 30, of the Public Records of Miami -Dade County Florida. Folio: 013124-011-0100 Address: 5265 N Miami Avenue, Miami, FL 33137 Owner: Douglas Gardens Holding Corp., Inc. a Florida not for profit corporation Deeds: 26694/3362-3365 Recorded 12/22/2008 MIAMI 1736093,1 7650523941 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,_ermitting such use. Motion: After c nsidering the factors set forth in Section 2210 of Ordinance 00, 1 move that the request o d em # _ b ecommended to the Cr Commission for approval) denial). nature 100,Print Name Agenda Item Date