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HomeMy WebLinkAboutAnalysisANALYSIS FOR LAND USE CHANGE REQUEST Approximately 402 NE 36th Street & 347 NE 35th Terrace Application No. LU- 06-27 File ID 06-012341u DISCUSSION The proposal has been reviewed for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "High Density Multifamily Residential" to "Restricted Commercial." The subject properties are comprised of two lots fronting NW 361h Street and one lot fronting NW 35th Terrace (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 High Density Multifamily Residential designation allows residential structures to a maxi- mum density of 150 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. Higher densities may be allowed as shown for these specially -designated areas: Little Havana Target Area Southeast Overtown/Park West Brickell, Omni, and River Quadrant 200 units per acre 300 units per acre 500 units per acre Supporting services such as offices and commercial services and other accessory activities that are clearly incidental to principal uses are permitted; community -based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applicable state law; community -based residential facilities (15+ clients), places of worship, primary and secondary schools, and day care centers for children and adults may be permissible in suitable locations. The Restricted Commercial designation allows residential uses (excepting rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" subject to the same limiting conditions; any activity included in the "Office" designation as well as commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above, places of worship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. ANALYSIS The subject property is approximately 0.21 acres (9,147.60 sq. ft.) and it is bounded, to the South, by NE 35" Terrace, to the North, by 36th Street between NE 5th Avenue, to the East and Biscayne Boulevard to the West, in the Wynwood/Edgewater NET area. The site is currently designated "High Density Multifamily Residential". The Planning Department recommends DENIAL of the application as presented based on the following findings: • It is found that the character of NW 35th Terrace to the East, and NW 5th Ave is residential, specifically "High Density Multifamily Residential." It is found that the requested change will represent an intrusion of commercial uses into a high density residential neighborhood. It is found that a land use change at this location may set a negative precedent and create a "domino effect" in regards to future land use change applications. It is !bum! 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