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HomeMy WebLinkAboutZB Resoa i onin oar esolution o.: 08-050 Monday, June 9, 2008 Mr. Bret Berlin 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 OF AMENDING PAGE NO, 46, 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, R-2 TWO-FAMILY RESIDENTIAL AND 0 OFFICE WITH AN SD-28 VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT TO SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT WITH AN SD-28 VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3410-20, 3428 HIBISCUS STREET; 3501, 3520, 3522, 3530, 3535, 3545, 3547, 3560, 3567 GRAND AVENUE; 3509-11, 3521, 3547, 3551, 3559-67, 3575, 3587 THOMAS AVENUE; AND 3500, 3506, 3508, 3540, 3548, 3576, 3582 FLORIDA AVENUE, MIAMI, FLORIDA, 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 Yes Mr. Ron Cordon Away Mr. Miguel A. Gabela Away Mr. Joseph H. Ganguzza Away Mr. Charles A. Garavaglia No Ms. Ileana Hernandez -Acosta Yes Mr. Jorge Luis Lopez Away Mr. Juvenal A. Pina Yes Mr. Cornelius Shiver Away Mr. Angel Urauiola No AYE; 3 NAY: 2 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 5 Ms. Fernandez: Motion carries 3-2 Teresita L. Fernandez, Executive Secretary Hearing Boards File ID ; 08-00166zc 14 EXHIBIT Legal Description for Blocks 24 and 27 LEGAL DESCRIPTIOrt South 25 feet of Le( S 19 through 18. Block 27, of AMENDED PLAT OF THE FROW 140MESTEAD, according to the Oat thereof, as recorded in Plat Book wir, Poge 106, of the Pubk Records of 1ifiarni—Code County, Florida. LEGAL DESCRIPTION: Lot! through 7, less the North 10 feet thereof, and Lots 10 through la, less the South 25 feet of said lots 10 through 18, Block 27, of AMENDED PLAT OF THE FROW HOMESTEAD, according to the plat thereof, cle recorded in Plat Book -8', Page 106, of the Public Records of Momi—Dode County, Florido. LEGAL DESCRIPTION: The North 45 feet of Lots 1, 2, 3, 4, 5, 7 ond 8. Block 24, of AMENDED PLAT OF THE FROW HOMESTEAD, according to the plat Thereof, es recorded in Plot Book -Er, Page 106. of the Pub& Records of Miorni—Dode County, Florida. LEGAL DESCRIPTION: Lots 1, 2, 3, 4, 5, 7 ond 8, less the North 45 feet of said Lots and Lots 12 through 18. Less the South 10 feet of said Lots 12 through 18, Block 24, of 4ENDED PLAT OF THE FROW HOMESTEAD, according to the plat thereof, as recorded in Plot Book "8', Pogo 105, of the Public Records of Miorni—Dade County, Florida. Section 2210. Nature and Requirements ot Zoning Board Report to City Commission CirG/e appropriate conditionts): 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 Miarni 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 rnaintains 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. cti p) difficult to find other adequate sites in the surrounding are for the proposed use in districts -"---iiatready permitting such use. Motion: After considering the ctors set forth in Section 2210 of Ordinance No. 11000, I move that the request on agenda itern # ,./1O-e recommended to the City Commission for,(approval (denial), , Signature 41 Agenda Item yir„i \ et Fri nt Name