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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: 07-01428x1 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, THEREBY DENYING AN EXCEPTION AS LISTED IN ARTICLE 4, TABLE 3, OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW AN ELEMENTARY AND MIDDLE SCHOOL FACILITY IN A CIVIC INSTITUTION (CI) TRANSECT ZONE FOR THE PROPERTY LOCATED AT APPROXIMATELY 2805 SOUTHWEST 32ND AVENUE, MIAMI, FLORIDA. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on April 20, 2011, following an advertised public hearing, adopted Resolution No. PZAB-R-11-020 by a vote of seven to zero (7-0), item no. 8, to APPROVE with conditions the Exception as set forth; 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 the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), 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 deny 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 Article 4, Table 3 of the Miami 21 Code, to allow an elementary and middle school facility in a Civic Institution (CI) Transect Zone for the property located at approximately 2805 Southwest 32nd Avenue, 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} APPROVED AS TO FORM AND CORRECTNESS:Y ' JULIE-O, BRU- V CITY ATTORNEY City of Miami Page 1 of 2 File Id: 07-01928x1 (Version: 9) Printed On: 5/17/2011 File Number: 07-01428x1 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. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} City of Miami Page 2 of 2 File Id: 07-01428x1 (Version: 4) Printed On: 5/17/2011