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HomeMy WebLinkAboutZB ResosMiami Zoning Board Resolution No.: ZB-R-09-0062 Monday, October 19, 2009 Mr. Cornelius Shiver 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. 33, 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 PROPERTIES LOCATED AT APPROXIMATELY 61 NORTHWEST 37 AVENUE, 3667 NORTHWEST FLAGLER TERRACE AND 58 NORTHWEST 36TH COURT; MORE SPECIFICALLY LOTS 9 THROUGH 12, BLOCK 9; AND RECOMMENDED DENIAL OF LOTS 13 THROUGH 16, BLOCK 9, 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 Mr. Ron Cordon Mr. Charles A. Garavaglia Ms. Ileana Hernandez -Acosta Mr. Lazaro Lopez Mr. Juvenal A. Pina Mr. Cornelius Shiver Mr. Richard Tapia Mr. Angel Urquiola Mr. Miguel Gabela AYE: NAY: ABSTENTIONS NO VOTES: ABSENT: Motion carries 6-3 Yes No Yes Away Yes Yes Yes No Yes No 1k. Ang Rodriguez Hearing Boards File ID#: 07-01024zc1 Z.3 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: After considering the factors set forth in Section 2210 of Ordinances 11000, 1 move that the ZQ request o gend item #be recommended to the City Commission fo approval) denial). Q Y01 C—ig--"naltut Print ame /� 9✓ � UC �- Z . 3 IJ14 //ill Agenda Item D 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: After considering the factors set forth in Section 2210 of Ordinance No. 11000 Lthat the request o genda item #,3 be recommended to the City Commission for (approvalb�de"" ial). Signatur Print ame Agenda IteDate �� Miami Zoning Board Resolution No.: ZB-R-09-0062(a) Monday, October 19, 2009 Mr. Juvenal A. Pina offered the following resolution and moved its adoption Resolution: A RESOLUTION OF THE MIAMI ZONING BOARD RECOMMENDING TO THE CITY COMMISSION TO REQUEST THE CITY MANAGER AND/OR PLANNING DEPARTMENT TO CONDUCT A STUDY OF THE IMPACT OF ZONING CHANGES IN THE AREA OF NORTHWEST 37TH AVENUE FROM FLAGLER STREET TO THE 836 HIGHWAY IN REGARDS TO THE ECONOMIC IMPACT AND PRESERVATION OF NEIGHBORHOODS. Upon being seconded by Mr. Richard Tapia, the motion was passed and adopted by the following vote: Mr. Bret Berlin Mr. Ron Cordon Mr. Charles A. Garavaglia Ms. Ileana Hernandez -Acosta Mr. Lazaro Lopez Mr. Juvenal A. Pina Mr. Cornelius Shiver Mr. Richard Tapia Mr. Angel Urquiola Mr. Miguel Gabela AYE: NAY: ABSTENTIONS NO VOTES: ABSENT: Motion carries 7-1 Yes Yes No Away Yes Yes Yes Yes Yes Away e. Anel kodriguez Hearing Boards File ID#: 07-01024zc1 Z.3 EXIiIBIT "A" LUGAL Dr, SQ—M. TION Lots 9 and 12, Block 9, 'TWELFTH STREET MANORS, according to the Plat thereof, as recorded in Plat 13oolt 5, Page 59 of the Pulilib Records of Miami -Dade County, Florida. Lots 13 tluu 16', BIock 9, -rWELr 1• STABET MANORS, according to the Plat thereof, as mcordod in Plat Book 5, at Page 59 of the Public Records of Miami-Dade'County, Florida; fess and except that portion of said Lot• 13 convoyed to the City of Miami by Warranty Decd recorded in Official Accords Book 14377, Page 102, of the Public Records of Miaird-Dade County, Florida, being more particularly described as fgllatvs: Vie South 5 feet of said Lot 13 and the maprnal arca of a circular curve conoavc; to the Northwest Wing a radius of 25 feet and tangents which are 25 feet west of and parallel «dtb the centerline of N.W. 36" -Court and 15 fec4 North of and parallel with the centorline of N.W. Flagler Tbrraco.