ANALYSIS FOR ZONING CHANGE approximately at 212 NW 25 Avenue FILE NO zc

Transcription

1 ANALYSIS FOR ZONING CHANGE approximately at 212 NW 25 Avenue FILE NO zc.. Pursuant to Article. 5 of Ordinance 13114, 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: Application requests: The request is to change the zoning classification from T3-R "Sub-Urban Transect Zone - Restricted" to T3-0 "Sub-Urban Transect Zone - Open". The subject property is located at the West Flagler NET area, and the zoning change is requested for a parcel located on the northeast portion of the block bounded with NW 3 rd Street to the North, NW 25 th Avenue to the East, NW 1 st Street to the South, and NW 26 th Avenue to the West, as depicted in Exhibit "A" (A complete legal description is on file at the Hearing Boards Office). Review and analysis of the proposed application finds that: o The original submittal for zoning change was made under Zoning Ordinance 11000, for the subject property designated R-1 "Single Family Residential" requesting a change to R-2 "uplex Residential". Under the current City of Miami Zoning Ordinance 13114, Miami 21 Code, the subject property is designated T3- R "Sub-Urban Transect Zone - Restricted", and the zoning designation for the change requested is equivalent to T3-0 "Sub-Urban Transect Zone - Open". The properties located to the west of the subject property are designated T3-0 "Sub-Urban Transect Zone - Open" and the subject property as well as properties to its north, south, and east are designated T3-R "Sub-Urban Transect Zone - Restricted". The only difference between zoning designations T3-0 and T3-R is in the Residential component as follows: T3 R allows 9 dwelling per unit and the construction of "single family residence" and "community residence"; and T3 0 allows 18 dwelling per unit, and two family residence. The proposed change requires an amendment to the Miami Comprehensive Neighborhood Plan (MCNP). As per records of the City of Miami Section of Permits of the Building epartment, the subject property has permit for a Single Family Home and a guest house with no kitchen allowed, which is compatible with T3-R zoning designation. The requested change represents an intrusion of higher density and intensity into the more restrictive zoning designation for a residential neighborhood, and specifically to the NW 25 th Avenue which has a single family residential character. ('J A change at this location may set a negative precedent and create a "domino effect" in regards to ~ future zoning change applications. Based on these findings, the Planning epartment is recommending denial of the application as presented.

2 n o o No N/A. ~ Analysis for ZONING CHANGE File 10: zc 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. I) 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. 0) 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.

3 R ZONING MAP NW 4TH TER R-2 NW 25TH CT NW 3R ST NW 4TH ST C-1 NW 26TH AVE R-1 NW 25TH AVE NW 24TH CT NW 27TH AVE NW 1ST ST G/I Feet ARESS: 212 NW 25 AVENUE

4 MIAMI 21 MAP (PROPOSE) NW 4TH TER T6-8-O NW 25TH CT NW 3R ST NW 4TH ST NW 26TH AVE NW 25TH AVE T3-R NW 24TH CT NW 27TH AVE NW 1ST ST T4-L CI Feet ARESS: 212 NW 25 AVENUE

5 MIAMI 21 MAP NW 4TH TER T6-8-O NW 25TH CT NW 3R ST NW 4TH ST NW 26TH AVE T3-R NW 25TH AVE T3-R NW 24TH CT NW 27TH AVE NW 1ST ST T4-L CI Feet ARESS: 212 NW 25 AVENUE

6 NW 4TH TER NW 25TH CT NW 3R ST NW 4TH ST NW 26TH AVE NW 25TH AVE NW 24TH CT NW 27TH AVE NW 1ST ST Feet ARESS: 212 NW 25 AVENUE

7

8 Miami Planning, Zoning and Appeals Board Resolution: PZAB-R File zc October 05, 2011 Item PZAB.2 Mr. Oscar Rodriguez offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AN APPEALS BOAR RECOMMENING ENIAL TO THE MIAMI CITY COMMISSION, AMENING THE ZONING ATLAS OF ORINANCE NO , AS AMENE, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIENTIAL (IN ORINANCE 11000) TO "T3-0" SUB-URBAN ZONE (IN MIAMI 21), FOR THE PROPERTY LOCATE AT APPROXIMATELY 212 NORTHWEST 25TH AVENUE, MIAMI, FLORIA; MAKING FININGS; CONTAINING A SEVERABILITY CLAUSE; AN PROVIING FOR AN EFFECTIVE ATE. Upon being seconded by Mr. Charles A. Garavaglia, the motion was passed and adopted by a vote of 7-0: Mr. Charles A. Garavaglia Mr. Patrick Goggins Ms. Maria 8eatriz Gutierrez Mr. Lazaro Lopez Mr. Ernest Martin Mr. aniel Milian Mr. Oscar Rodriguez Mr. Michael Schiff Ms. Janice Tarbert Abstain Absent STATE OF FLORIA COUNTY OF MIAMI-AE Personally appeared before me, the undersigned authority, Anel Rodriguez, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AN SUBSCRIBE BEFORE ME THIS Id~AY OF =,"'-""...L.L! :. 0d'{( Personally know or Produced 1.0. Type and number of 1.0. produced.-:------:-:---r id take an oath or id not take an oath =-L My Commission Expires:. ',' "" -. Notary Public State of Flbrida Sandra Forges My Commission expir8& 02/09/2013