HomeMy WebLinkAboutZB Reso 06-12-06Miami Zoning Board
Resolution No.: 06-1187
Monday, June 12, 2006
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 RECOMMENDED APPROVAL TO THE CITY
COMMISSION TO AMEND PAGE NO. 39, OF THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY
CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY
RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "C-1"
RESTRICTED COMMERCIAL WITH AN "SD-25" SOUTHWEST 8TH STREET
SPECIAL OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 1919, 1927, 1935, 1945 AND 1965 SOUTHWEST 9TH STREET,
MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Upon being seconded by Mr. Carlos Martell,
the motion was passed and adopted by the following vote:
Mr. Ron Cordon Yes
Mr. Miguel Gabela No
Mr. Joseph H. Ganguzza Away
Mr. Charles A. Garavaglia Yes
Ms. Ileana Hernandez -Acosta Yes
Ms. Chloe Keidaish Yes
Mr. Carlos Martell Yes
Mr. Juvenal A. Pina Yes
Mr. Angel Urquiola Yes
AYE: 7
NAY: 1
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 1
Ms. Fernandez: Motion carries 7-1
L. Fernandez, Executive Secretary
Hearing Boards
File ID#: 05-01525 Z.3
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LEGAL„ DESCRIPTION:
LOTS A, B AND C, "TAMIAMI HEIGHTS LOTS A, !N DLC, BOOK 21 P EXTENSION"
COUNTY, FLORIDA ACCORDING TO •r�IE PLAT TERM ;:
AGE 48, OF THE PUBLIC RECORDS OF !vilAM �--
AND I DA a
LOT 7, 8, 9 AND 10, BLOCK 3
RECORDED IN PLAT BOOK 7, , "TAMIAM! HEIGHTS"
AT PAGE 64 OF THE PUBLICACCORDING TO THE PLAT
COUNTY, FLORIDA.TH.
CORDS OF MIAMI—p`
CONTAINING 51,557 SQUARE FEET± 1.184
C ACRES)
„EXHIBIT A"
Circle appropriate condition
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 Tight 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: After consideringfise factors set forth in Section 2210 of Ordinance No..11000, I move that the
re9uest n agynda item be recommend to the City Commission for (apprs (.denial).
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