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HomeMy WebLinkAboutZB 04-13-09 ResosMiami Zoning Board Resolution No.: ZB-R-09-0016 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 DENIAL TO THE CITY COMMISSION TO AMEND PAGE NO. 34, 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-1 SINGLE-FAMILY RESIDENTIAL AND R-2 TWO-FAMILY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2508, 2524, 2534, 2538, 2590, 2600, 2610 AND 2620 SOUTHWEST 5TH STREET, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Upon being seconded by Ms. Ileana Hernandez -Acosta, the motion was passed and adopted by the following vote: Mr. Bret Berlin Away Mr. Ron Cordon Away Mr. Charles A. Garavaglia No Ms. Ileana Hernandez -Acosta Yes Mr. Lazaro Lopez No Mr. Juvenal A. Pina Yes Mr. Cornelius Shiver Away Mr. Richard Tapia Yes Mr. Angel Urquiola Away AYE: 3 NAY: 2 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 4 Ms. Fernandez: Motion carries 3-2 T resits L. Fernandez, Executive Se6retary Hearing Boards File ID#: 08-01084zc Z.2 Miami Zoning Board Motion No.: ZB-R-09-0016a Monday, April 13, 2009 Mr. Richard Tapia offered the following resolution and moved its adoption Resolution: A MOTION BY THE MIAMI ZONING BOARD RECOMMENDING TO THE CITY COMMISSION THAT THE BOARD WILL NOT OBJECT TO AN SD -12 OVERLAY TO ACHIEVE THE PARKING NEEDS OF THE MIAMI-DADE COLLEGE. Upon being seconded by Ms. Ileana Hernandez -Acosta, 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 Away Away Yes Yes No Yes Away Yes Away AYE: 4 NAY: 1 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 4 Ms. Fernandez: Motion carries 4-1 Teresita L. Fernandez, ExecuW ecretary Hearing Boards File ID#: 08-01084zc Z.2 Exhibit "A" Legal Descriptio Single Family Residential (R-1) to Major Institutional, Public Facilities, Transportation and Utilities (G/I): Lots 34, 35, 36, 37, 38, 39, 40, 41 and 42, "BEACOM MANOR", according to the Plat thereof, as recorded in Plat Boob '8, Page 121, of the Public Records of Miami -Dade County, Florida. Duplex Residential (R-2) to Major Institutional, Public Facilities, Transportation and Utilities (G/I): Lots 54 and 55, `BEACOM MANOR", according to the Plat thereof, as recorded in Plat Book 8, Page 121, of the Public Records of Miami -Dade County, Florida. 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 alrea pe tting such use. Motion: t r c ns' ring rs set forth in Section 2210 of Ordinance No. 1100 ve that the request i be reco mended to the C' Commission for (approval) �(enial). Signature Print Name Agenda Item Date Lf - 13-.oi