HomeMy WebLinkAboutAnalysisANALYSIS FOR LAND USE CHANGE REQUEST
Approximately 399 NE 82" Terrace
Application No. LU- 2006-014
File ID 06-008291u
DISCUSSION
The proposal has been reviewed for a change to the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan from "Single Family Residential" to "Medium Density
Multifamily Residential." The subject property is comprised of one parcel fronting NE 4th
Avenue between the Florida East Coast Railroad and the Little River (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 "Single Family Residential" designation allows for single family structures of one dwelling
unit each to a maximum density of 9 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 foster homes and family day care homes for children and/or adults;
and community based residential facilities2 (6 clients or less, not including drug, alcohol or
correctional 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 single family 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 Environmental Preservation Board and are in suitable locations within
single family 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 "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
2 A "Community based residential facility" provides room (with or without board), resident services, and twentyfour hour supervision. Such a
facility functions as a single housekeeping unity. This category includes adult congregate living facilities, facilities for physically disabled and
handicapped persons, for developmentally disabled persons, for non dangerous mentally ill persons and for dependent children, as tiensed by
the Florida Department of Health and Rehabilitative Services (FHRS), and juvenile and adult residential correctional facilities, including halfway
houses, as licensed or approved by an authorized regulatory agency.
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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 Planning Department recommends DENIAL of the application as presented based on
the following findings:
• It is found that lots immediately west of the subject lot is designated Single Family
Residential.
• It is found that the character of NE 4th Avenue is low density residential, specifically single
family residential.
• It is found that the "Single Family Residential" category allows 9 residential units per acre
and the requested "Medium Density Multifamily Residential" designation will allow 65
residential units per acre.
• It is found that MCNP 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.
These findings support the position that the existing land use pattern in this neighborhood should
not be changed.
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