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Resolution No.: ZB-R-09-0017
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. 13, 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
AND R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL WITH AN SD -29 HISTORIC LEMON CITY/LITTLE HAITI VILLAGE
SPECIAL OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 190 NORTHEAST 71ST STREET, 185 NORTHEAST 70TH
STREET AND THE ABUTTING ALLEY TO THE EAST, LEGALLY DESCRIBED AS
EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
Upon being seconded by Mr. Charles A. Garavaglia,
the motion was passed and adopted by the following vote:
Mr. Bret Berlin
No
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:
5
NAY:
1
ABSTENTIONS:
0
NO VOTES:
0
ABSENT:
3
Ms. Fernandez: Motion carries 5-1
Teresita L. Fernandez, Executive ecretary
Hearing Boards
File ID#: 08-01207zc Z.3
Exhibit "A"
Legal Description of Zoning Change
From R-2 to C-1 with SD -29 Overlay:
Lot 44, Block 2 of DUPONT ADDITION, according to the Plat thereof, as recorded in
Plat Book 13 at Page 56 of the Public Records of Miami -Dade County, Florida.
AND
That portion of that certain 12 foot North-South Alley lying between Block 1 and Block 2
as recorded in the Plat of DUPONT ADDITION, in Plat Book 13 at Page .56 of the Public
Records of Miami -Dade County, and more particularly described as follows:
That portion of the 12.00 foot North-South Alley, aforementioned, adjacent to said Lot 44
as above described, and lying between the Easterly extension of the North boundary line
of said Lot 44 and the Northerly right of way line of NE 70 Street, and lying between the
East line of said Block 2 and the West line of Block I of said DUPONT ADDITION.
All of the above containing 7062 square feet, or 0.16 acres, more or less.
From R-3 to C-1 with SD -29 Overlay:
Lot 1, Block 1 of DUPONT ADDITION, according to the Plat thereof, as recorded in
Plat Book 13 at Page 56 of the Public Records of Miami -Dade County, Florida.
AND
That portion of that certain 12 foot North-South Alley lying between Block I and Block 2
as recorded in the Plat of DUPONT ADDITION, in Plat Book 13 at Page 56 of the Public
Records of Miami -Dade County, and more particularly described as follows:
That portion of the 12.00 foot North-South Alley, aforementioned, adjacent to said Lot 1
as above described, and lying between the Easterly extension of the South boundary line
of said Lot 1 and the South right of way line of NE 71 Street, and between the East line
of said Block 2 and the West line of Block I of said DUPONT ADDITION.
All of the above containing 6402 square feet, or 0.15 acres, more or less.
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.
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:
request
nature
considering
*3
Agenda Item
e factors set forth in Section 2210 of Ordinance No. 11000, 1 move that the
_ bfrecd)mended to the Ci Zm
ission for approval (denial).
Print Name
Date
H -1 3-V97