HomeMy WebLinkAboutAnalysis - OLDANALYSIS FOR LAND USE CHANGE REQUEST
Approximately 27 & 29 NW 34th Terrace
and 34 NW 35th Street
Legistar File ID No. 06-003591u
Land Use Case No. 06-04
DISCUSSION
The proposal has been reviewed for a change to the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan from "Duplex Residential" and "Medium Density
Multifamily Residential" to "General Commercial." The subject property is comprised of two
lots fronting NW 1st Avenue (A complete legal description is on file at the Hearing Boards
Office).
FUTURE LAND USE
Miami Comprehensive Neighborhood Plan (MCNP) Policy LU-1.6.1 established future land use
categories according to the Future Land Use Plan Map and the "Interpretation of the Future Land
Use Plan Map."
The "Duplex Residential" designation allows residential structures of up to two dwelling units
each to a maximum density of 18 dwelling units per acre, subject to the detailed provisions of
the applicable land development regulations and the maintenance of required levels of service for
facilities and services included in the City's adopted concurrency management requirements.
Community based residential facilities (14 clients or less, not including drug, alcohol or correc-
tional rehabilitation facilities) also will be allowed pursuant to applicable state law. Places of
worship, primary and secondary schools, child day care centers and adult day care centers are
permissible in suitable locations within duplex residential areas. Professional offices, tourist and
guest homes, museums, and private clubs or lodges are allowed only in contributing structures
within historic sites or historic districts that have been designated by the Historical and Environ-
mental Preservation Board and are in suitable locations within duplex residential areas, pursuant
to applicable land development regulations and the maintenance of required levels of service for
such uses. Density and intensity limitations for said uses shall be restricted to those of the con-
tributing structure(s).
The "Medium Density Multifamily Residential" designation allows residential structures to a
maximum density of 65 dwelling units per acre, subject to the detailed provisions of the
applicable land development regulations and the maintenance of required levels of service for
facilities and services included in the City's adopted concurrency management requirements.
Supporting services such as community -based residential facilities (14 clients or less, not
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including drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to
applicable state law; community -based residential facilities (15-50 clients) and day care centers
for children and adults may be permissible in suitable locations. Permissible uses within medium
density multifamily areas also include commercial activities that are intended to serve the
retailing and personal services needs of the building or building complex, small scale limited
commercial uses as accessory uses, subject to the detailed provisions of applicable land
development regulations and the maintenance of required levels of service for such uses, places
of worship, primary and secondary schools, and accessory post -secondary educational facilities.
Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed
only in contributing structures within historic sites or historic districts that have been designated
by the Historical and Environmental Preservation Board and are in suitable locations within
medium density multifamily residential areas, pursuant to applicable land development
regulations and the maintenance of required levels of service for such uses. Density and intensity
limitations for said uses shall be restricted to those of the contributing structure(s).
The "General Commercial" land use category allows all activities included in the "Office" and
the "Restricted Commercial" designations, as well as wholesaling and distribution activities that
generally serve the needs of other businesses; generally require on and off loading facilities; and
benefit from close proximity to industrial areas. These commercial activities include retailing of
second hand items, automotive repair services, new and used vehicle sales, parking lots and ga-
rages, heavy equipment sales and service, building material sales and storage, wholesaling, ware-
housing, distribution and transport related services, light manufacturing and assembly and other
activities whose scale of operation and land use impacts are similar to those uses described
above. Multifamily residential structures of a density equal to R-3 or higher, but not to exceed a
maximum of 150 units per acre, are allowed by Special Exception only, upon finding that the
proposed site's proximity to other residentially zoned property makes it a logical extension or
continuation of existing residential development, and that adequate services and amenities exist
in the adjacent area to accommodate the needs of potential residents. This category also allows
commercial marinas and living quarters on vessels for transients.
ANALYSIS
The subject site is approximately 0.12-acres (5,227 sq.ft.) located in the mid -block of Miami
Avenue between NW34th Street and NW33th Street. The site is currently designated "Medium
Density Multifamily Residential" and the same designation is to the north and west and "Duplex
Residential" and the same designation is to the south and west; lots to the east are designated
"Restricted Commercial."
RECOMMENDATION
The Planning Department recommends DENIAL of the application as presented based on
the following findings:
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• It is found that although the character of NW17thAvenue is commercial, the adjacent land use
that surrounds the subject site to the west is residential. A change to "Restricted Commercial"
is not a logical extension of that category and would encourage a more intense commercial
usage of the property which could have an adverse effect on the adjacent residential area.
• It is found that the "Medium Density Multifamily Residential" category allows 65
residential units per acre and the Duplex Residential category allows 18 units per acre. The
requested "Restricted Commercial" designation allows a maximum of 150 residential units
per acre.
• It is found that Goal LU-1 maintains a land use pattern that (1) protects and enhances the
quality of life in the city's residential neighborhoods, and (5) promotes the efficient use of
land and minimizes land use conflicts.
• It is found that Policy LU-1.1.3 provides for protection of all areas of the city from the
encroachment of incompatible land uses.
• It is found that Policy HO-2.1.1 protects and enhances existing viable neighborhoods by
retaining existing residential zoning.
• It is found that Objective TR-1.4 utilizes the city's street network to protect and enhance the
character of the city's residential neighborhoods and neighborhood commercial centers.
These findings support the position that the existing land use pattern in this neighborhood should
not be changed.
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