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HomeMy WebLinkAboutCC Legislation (Version 4)City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00197x Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD AND THEREBY DENYING AN EXCEPTION AS LISTED IN ORDINANCE NO. 13114, AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 5, SECTION 5.7.2.4, TO ALLOW A NEW DEVELOPMENT (HELIPAD) IN A CIVIC INSTITUTION ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3663 SOUTH MIAMI AVENUE (MERCY HOSPITAL), MIAMI, FLORIDA. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on February 20, 2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13-013 by a vote of eleven to zero (11-0), item no. 4, APPROVING with conditions the Exception, which must be reviewed and approved by the Planning and Zoning Department prior to the issuance of any Building permits, as follows: Applicant shall present proof of compliance with appropriate agencies' regulations, including but not limited to, the Federal Aviation Administration, regarding the best approach to mitigate any potential impacts from the operation of the helipad on the surrounding residential neighborhoods; and WHEREAS, the adjacent property owner has appealed the decision of the Planning, Zoning and Appeals Board; and WHEREAS, the City Commission, after careful consideration of this matter, and notwithstanding the decision of the Planning, Zoning and Appeals Board, finds the application for Exception does not meet the applicable requirements of Ordinance No. 13114, as amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to reverse the decision of the Planning, Zoning and Appeals Board and denies the Exception as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The decision of the Planning, Zoning and Appeals Board to approve with conditions the Exception as listed in Ordinance No. 13114, the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, Article 5, Section 5.7.2.4, to allow a new development (Helipad) in a Civic Institution Zone, for the property located at approximately 3663 South Miami Avenue (Mercy Hospital), Miami, Florida, legally described in attached "Exhibit A", is reversed, and the Exception is denied. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1 } City of Miami Page 1 of 2 File Id:13-00197x (Version: 4) Printed On: 4/11/2013 File Number: 13-00197x APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY Footnotes: {1 } If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 13-00197x (Version: 4) Printed On: 4/11/2013