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HomeMy WebLinkAboutZB Resoa Zoning oar esolution a.: 07-0062 Monday, July 9, 2007 Mr, Juvenal A, Pina 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 AMEND PAGE NO. 35, 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- 3 MULTIFAMILY MEDIUM -DENSITY 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 PROPERTY LOCATED AT APPROXIMATELY 1118 SOUTHWEST 7TH STREET; FROM C-1 RESTRICTED COMMERCIAL WITH AN SD-25 SOUTHWEST 8TH STREET SPECIAL OVERLAY DISTRICT TO SD-14 LATIN QUARTER COMMERCIAL -RESIDENTIAL, AND RESIDENTIAL DISTRICTS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1151 SOUTHWEST 8TH STREET; FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN SD-12 BUFFER OVERLAY DISTRICT TO SD-14 LATIN QUARTER COMMERCIAL -RESIDENTIAL, AND RESIDENTIAL DISTRICTS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1152 SOUTHWEST 7TH STREET; AND FROM R-3 MULTIFAMILY MEDIUM -DENSITY 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 1124, 1136 AND 1140 SOUTHWEST 7TH STREET, 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 Yes Mr. Ron Cordon Yes Mr. Miguel Gabela Yes Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia No Ms. Ileana Hernandez -Acosta Away Mr. Jorge Luis Lopez Yes Mr. Juvenal A. Pina Yes Mr. Cornelius Shiver Yes Mr. Angel Urquiola Yes AYE: NAY: ABSTENTIONS: NO VOTES: ABSENT: Ms. Fernandez: Motion carries 8-1 8 1 0 0 1 Teresita L. Fernandez, Executive Secretary Hearing Boards File ID#: 07-00049zc Z.4 1 .EGAL DESCRIPTION: LOTS 4, 5 AND 6, LESS THE NORTH 70 FEET, BLOCK 30, "AMENDED PLAT OF BLOCK 30 OF EMORY J. CARTER'S RESUBDIVISION OF BLOCKS 27 JP.. 30 OF THE LAWRENCE ESTATE LAND CO.'S SUBDIVISION" ACCORDING TO THE PLAT ,j THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 40, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORID/V LE AL E. pT!O.�_ LOT 14, BLOCK 30, AMENDED PLAT OF BLOCKLKV RE OF EMO Y J. LANCOCARTERpS RESI BDIVISIQN OF BLOCKS 27 & 30 OF THE SUBDIVISION" ACCORDING TO THE PLAT THE REOF AS RECORDED IN PLAT BOOK 6, PAGE 40, OF THE PUBLIC RECORDS OF MIAMI-LADE COUNTY, FLORIDA, LESS THE SOUTH 10 FEET THEREOF, FOR ROAD PURPOSES, LE AL E SCRIP LOT 7, BLOCK 30, "AMENDED PLAT OF BLOCK 30 OF EMORY J. CARTER'S RESUBBIVISION OF BLOCKS 27 & 30 OF THE LAWRENCE ESTATE LAND CO,'S SUBDIVISION" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 40, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LEGAL DESCRIPTION: LOT 3 LESS THE NORTH 70 FEET, BLOCK 30, "AMENDED PLAT OF BLOCK 30 OF EMORY J. CARTER'S RESUBDIVISION OF BLOCKS 27 & 30 OF THE LAVVRENCE ESTATE LAND CO,'S SUBDIVISION" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 40, OF THE PUBLIC RECORDS OF MIAM1-DADE COUNTY, FLORIDA, Circle approp a u cono When pertaining to the rezoning of and 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. 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 considering the factors set forth in Section 2210 of Ordinance No. 11000, I ove that the request on agenda item #, be recommended to the City Commission for (approval) denial}:, S gnature Agenda Item Print Narne Date