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Miami Zoning Board
Resolution No.: ZB-R-09-0018
Monday, April 13, 2009
Ms. Ileana Hernandez -Acosta 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 DUE TO A MOTION TO
APPROVE, WHICH FAILED, CONSTITUTING A RECOMMENDATION OF DENIAL 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 I INDUSTRIAL TO C-1
RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 2451 NORTHWEST 7TH AVENUE, 636 NORTHWEST 24TH
STREET, 636 NORTHWEST 26TH STREET, 629, 635, 645, 655 AND 665
NORTHWEST 23RD STREET, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY
ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
Upon being seconded by Mr. Lazaro Lopez,
the motion was passed and adopted by the following vote:
Mr. Bret Berlin
No
Mr. Ron Cordon
Away
Mr. Charles A. Garavaglia
No
Ms. Ileana Hernandez -Acosta
Yes
Mr. Lazaro Lopez
Yes
Mr. Juvenal A. Pina
Yes
Mr. Cornelius Shiver
Away
Mr. Richard Tapia
No
Mr. Angel Urquiola
Away
AYE:
3
NAY:
3
ABSTENTIONS:
0
NO VOTES:
0
ABSENT:
3
Ms. Fernandez: Motion fails 3-3
i
Teresita L. Fernandez, Executive -S cretary
Hearing Boards
File ID#: 08-01320zc Z.4
L
PARCEL 1:
Tract "A", HOME MILK TRACT, as per Plat thereof, recorded in plat Book 73, Page 78, of the Public Records of
Mlaml-Dade County, Florida, LESS that portion of Tract "A" described as follows:
Begin at the Northeast corner of said Tract "A", said point being the point of Intersection of the West Right -
the South Right -of -Way line of .N. W. 25 Street; thence South 2
t
degrees 1S minutes 14 seconds East i long the East boundary of said Tract "A" for 285,84 feet to the
beginning of a curve concave to the Northwesterly having a radius of 25 feet and a cerntrai.angle of 89
degrees 47 minutes 45 seconds; thence run Southerly and Southwesterly 35,18 feet aiong.said curve to the
end of curve; thence South 87 degrees 33 minutes 32 seconds West along the South boundary of said Tract,
ence North 2 degrees 14 m
�SO,R9 feet; thinutes 14seconds West -310,71 feet to a.polnt on the North
boundary of said Tract; thence North 87 degrees 29 minutes 34 ascends East, 20S fejt to the Paint of
Beginning.
PARCEL 2!
Lots 4to 13
c Recorids Inclusive,
IMlaml-DadeECoOunty, Florida,nLES§ that Plat
p portion of recorded
Lott 4 S
ncquired by the. tate Road
e 105,
of thee P
Department for State Road 9-A Right-of-Wey,
AND LESS; 11
The West 14 feet of Lots 10, 1i, 12 and 13, Block 3, EDGEW001), according to the Plat thereof, as recorded
In plat Baak 8, page 105, of the public Records of Mlaml-bade County, Florida.
AND LESS:
That portion of Lot 14 described as fallows:
phe arallel with the centerilne of N Wemal area of �a circular ,26 Stet and 35 feet East of and pus of 25 feet 0d tangents
ml al with the centerline of N,, W 711'
Which are 25 feet South 'of avidP
Avenue,
PARCEL 3:
Lots 6, 7, 8 and 21 through 26 Inclusive, BIQQk 2, MORRIS PARK, according to the plat thereof, recorded In
Plat gook 7, Page 39, of the Public Records of Miami -Dade GQunty, Florida,
Section 2210. Nature and Requirements of Zoning Board
Report to City Commission Fal L
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: After considering t`h� factors set forth in Section 2210 of Ordinance 0, 1 move that the
request on agenda item # `i be recommended to the City Commission f pproval) denial).
Signature Print Name
Agenda Item Date