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HomeMy WebLinkAboutAnalysisANALYSIS FOR ZONING CHANGE Approximately 61 NW 37th Avenue, 3667 NW Flagler Terrace and 58 NW 36th Court CASE NO: 07-01024zc1 Pursuant to Article 4, Section 401 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for an amendment to the Zoning Atlas as follows: The subject property consists of approximately 61 NW 37th Avenue, 3667 NW Flagler Terrace and 58 NW 36th Court (a complete legal description on file at the Hearing Boards Office), from R-2 "Two -Family Residential" to C-1 "Restricted Commercial". The following findings have been made: It is found that the parcels are part of R-2 "Two -Family Residential" zoning district. • It is found that there is an existing grandfathered structure at 61 NW 37th Avenue that include the most western of subject lots designated "Two -Family Residential" that should be changed. • It is found that the requested change will represent an intrusion of C-1 commercial uses into the residential designation area. • It is found that a zoning change at this location may set a negative precedent and create a "domino effect" in regards to zoning change applications. • It is found that on September, 2009 the Planning Advisory Board recommended denial of the land use request from R-2 "Two -Family Residential" to C-1 "Restricted Commercial" to City Commission. Based on these findings, the Planning Department is recommending denial of the application as presented. Yes No N/A. ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ M ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ M ❑ ❑ '® ❑ ❑ ® ❑ ❑ M ❑ ❑ ® ❑ Analysis for ZONING CHANGE File ID: 07-01024zc1 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 districts. 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, utilities, 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. 1) 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 area for the proposed use in districts already permitting such use.