HomeMy WebLinkAboutLegislation (v4)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00084x1
Final Action 'bate:
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL
FILED BY EL AV_ILA CHILD DEVELOPMENT —CENTER, LLC, AFFIRMING THE
DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, AND DENYING
AN 'EXCEPTION TO ALLOW A PRE-SCHOOL IN A SUB -.URBAN TRANSECT ZONE
(T3-R), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2475 AND 2485
SOUTHWEST 22ND AVENUE, MIAMI, FLORIDA.
WHEREAS, the Owner filed an application for an exception to allow a pre-school in a sub -urban
transect zone (T3-R), for the Property located at approximately 2475 and 2485 Southwest 22nd
Avenue, Miami, Florida ("Application"); and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") denied the Application on July 16,
2014; and
WHEREAS, the Owner filed an appeal pursuant to Miami 21 Section 7.,1'.2.6(d); and
WHEREAS, based on the testimony and evidence presented, after due notice and an opportunity
to be heard has been afforded to all parties and members of the public, there is no competent
substantial evidence in the record to support approval of the Application; and
WHEREAS, the City Commission has considered the manner in which the proposed use will
operate given its specific location and proximity to the adjacent T-3R uses; and
WHEREAS, the City Commission has considered the requirements of Miami 21 and Article 4,
Table 12 Design Review Criteria; and
WHEREAS, the City Commission, after careful consideration of this matter, finds that the stated
grounds for the appeal and the facts presented in support thereof justify affirming the decision of the
PZAB; and
WHEREAS, for the reasons stated on the record at the public hearing, the City Commission finds
that the exception to allow a pre-school is not compatible with the adjacent T-3R uses and does not
comply with the criteria for an exception set forth in Miami 21 Section 7.1.2.6 and Article 4, Table 12;
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 fully set forth in this Section.
Section 2. The City Commission denies the Application, affirms the decision of the PZAB as set
forth in Resolution PZAB-R-14-050 which denied the Application, and denies the appeal giving rise to
City of Miami Page 1 of 2 File Id: 14-00084x1 (Version: 4) Printed On: 9/16/2014
File Number: 14-00084x1
this hearing.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
1
APPROVED AS TO FORM AND CORRECTNESS:
VI-TORIA,MENDEZ
CITY ATTORNEY
•
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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: 14-00084x1 (Version: 4) Printed On: 9/16/2014