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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. 1 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. 2