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HomeMy WebLinkAboutZB ResoMiami Zoning Board Resolution No.: ZB-R-10-001 Monday, January 11, 2010 Mr. Charles A. Garavaglia offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000, THE ZONING BOARD RECOMMENDS APPROVAL TO THE CITY COMMISSION, TO AMEND PAGE NO.. 42, 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 3679 AND 3681 SOUTHWEST 25TH STREET, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED "R-2" TWO -MULTIFAMILY RESIDENTIAL. THIS ZONING CHANGE IS RECOMMENDED FOR APPROVAL BASED ON THE REPRESENTATION OF COUNSEL THAT A COVENANT, CONSISTANT WITH THE PARAMETERS OF "SD -12", WILL BE PROFFERED TO THE MIAMI CITY COMMISSION. Upon being seconded by Mr. Angel Urquiola, the motion was passed and adopted by the following vote: Mr. Bret Berlin Away Mr. Ron Cordon Away Mr. Charles A. Garavaglia Yes Ms. Ileana Hernandez -Acosta Away Mr. Lazaro Lopez Yes Mr. Juvenal A. Pina Yes Mr. Cornelius Shiver Yes Mr. Angel Urquiola Yes AYE: 5 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 3 Motion carries 5-0. Anel R riguez Hearing Boards File ID#: 09-01299zc Z.3 EXHIBIT "A" Legal Descriptio Lots 31 and 32 in Block 6 of Silver Bluff Homesites, according to the Plat recorded 'M Plat Book 8, Page 101, Public Records of Miami -Dade County, Florida (the "Property"). property Appralisers Parcel I.D. No,,- 01-4116-015-1760 and 01-.4116-015-1750 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 Ordinange N -a -1IS0.�0, I move that the request on agenda item # Z. be recommended to the City Commission f r (approvalenial). gnature Print Name 09-01299zc 01-11-10 Agenda Item Date