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2001-3311 ORDArea # (See Map) I ORDINANCE NO. 2001-3311 AN ORDINANCE OF THE MAYOR AND CTTY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF NIIANII BEACH, FLOR[DA, BY CHANGING THE ZONING DISTRICT CLASSIFICATIONS FOR THOSE AREAS IDENTIFIED IN THE CHART BELOW AND THE MAPS ATTACHED TO THIS ORDINANCE; AMENDING THE AFFECTED PORTIONS OF THE CITY'S OFFICIAL ZONING DISTRICT MAP TO CORRESPOND WITH THESE CHANGES AS ADOPTED BY THE CITY COMMISSION; PROVIDING FOR REPEALER, SEVERAffiLITY AND AN EFFECTIVE DATE. General Description of Area MAP 1- AREAS 1, 2, 3, AND 4 Existing Zoning District Classification �. ��r� � Proposed Zonii�g District Classification 1 Area bounded by Biscayne Say (ciry RM-2, Residential Multi- RS-4, Residential Single limits) on the north, Crespi Blvd. on the family medium intensity family east, 86th Sueet on the south and Hawthorne Avenue to the west; as more particularly depicted on the map below. 2 Area bounded by 86th Sueet on the north, RM-2, Residential Multi- TH, Townhouse Crespi Blvd. on the east, 85th Street on the family medium intensity Residential south and Hawthorne Avenue to the west; as more particulazly depicted on the map below. 3 Area generally bounded by Collins Avenue RM-2, Residential Multi- RM-1, Residential Multi- on the east; Hawthome Avenue on the family medium intensiry family low intensity west (south of 85th Street); 73rd Street on the south; as more particularly depicted on the map below. 4 Area generally bounded by Rue Granville I RM-2, Residential Multi- RM-1, Residenfial Multi- on the east; Biscayne Bay on the west and family medium intensity family low intensity south; 'I l st Street on the north; as more particularly depicted on the map below. MAP 2- AREAS 5, 6, 7, 8, 9, AND 10 5 Area generally bounded by the Atlantic CD-3, Commercial High RM-3, Residential Multi- Ocean on the east; 24th Sheet on the Intensiry family high intensiry south; Collins Avenue on the west; 44th Sueet on the north; as more particularly depicted on the map below. � Area # General Dascription of Area Existing Zoning Proposed Zoning (See District Classification District Classification Map) Area generally bounded by 44th Sireet on MXE, Mixed Use RM-2, Residential Multi- the noRh; Collins Avenue on the east; 26th Entertainment District family medium intensity Sheet on the south; Ind�an Creek Waterway on the west; as more particularly depicted on the map below. Area generally bounded by Lots 1-10, of Block 27, and Lou 1-7 of Elock 2, Fisher Subdivision and all of Block D Miami Improvement Co.; generally bounded by 17th Street on the south, 20th Street on the north; Collins Avenue on the east and the dividing line of Blocks 2 and 27 as described above; as more particularly depicted on the map below. MXE, Mixed Use CD-2, Commercial Entertainment District Medium Intensity Area generally bounded by 22nd Street on MXE, Mixed Use RM-2, Residential Multi- the north; Washington Avenue on the EnteRainment District family medium intensity west; 17th Street on the south; and the dividing line of Blocks 2 and 27, as described in azea 7 above; as more particularly depicted on the map below Area generally bounded by Dade RM-3, Residential Multi- RM-2, Residential Multi- Boulevazd on the nonh; West Avenue on family high intensity family medium intensity the east; 15th Terrace on the south; Biscayne Bay on the west; as more particulazly depicted on the map below. 10 Area bounded by 15th Street on the south; RM-2, Residential Multi- RM-I, Residential Multi- Bay Road on the west; West Avenue on family medium intensity family low intensiry the east; as more particularly depicted on the map below WHEREAS, the Comprehensive Plan and the Future Land Use Map were amended by the City Commission on January, 1994; and WHEREAS, Policy 1.4 of the Comprehensive Plan requires that the changes in the Future Land Use Map as amended in 1994, be reflected in amendments to the zoning map; and WHEREAS, amending the zoning of said properties as more particularly described in the chart above, and graphically depicted on the maps attached, from the current zoning district classifications to the proposed zoning district classifications, as provided herein is necessary to provide consistency with the as-built character of these areas without creating any significant negative impacts on the surrounding neighborhoods; NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTiON 1. AMENDMENTS OF ZONING DISTRICTS AND ZONING DISTRiCT MAP That the Mayor and City Commission hereby amend the Zoning Districts and Zoning District Map of the City of Miami Beach referenced in Section 142-72 of the Code of the City of Miami Beach, Florida, by changing the zoning district classifications for the properties described in the chaR above and graphically depicted on the attached maps, from the existing zoning district classifications, to the proposed zoning district classifications. SECTION 2. REPEALE�. That ail Ordinances or parts of Ordinances in conflict herewith be and the same aze hereby repealed. $ECTiON 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect on the 7ch day of July PASSED and ADOPTED this Z�th day of ATTEST: CTTY CLERK June , Z001. � MAYOR 2001. 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Kasdin and Members of the City Commission Jorge M. Gonzalez �C" City Manager �n" Zoning Ordinance Amendment ,• DATE: June 27, 2001 Second Reading Public Hearing An Ordinance Of the Mayor and City Commission of the City of Miami Beach, Florida, Amending the OFScial Zoning District Map Referenced in Section 142-72 of the Code of the City of Miami Beach, Florida, by Changing the Zoning District Classifications for Those Areas IdentiSed in the Chart below and the Maps Attached to this Ordinance; Amending the Affected Partions of the City's Official Zoning District Map to Correspond with these Changes as Adopted by the City Commission; Providing for Repealer, Severability and an Effective Date. General Description of Area MAP 1- AREAS 1, 2, 3, AND 4 Existing Zoning Proposed Zoning District Classificatlon Dis[rict Classification Area bounded by Biscayne Bay (city limits) RM-2, Residen[ial Multi- RS-4, Residential Single on the north, Crespi Blvd. on the east, S6th family roedium intensity family Street on t6e south and Hawthorne Avenue to the west; as more particularty depicted ou the map below. Area bounded by 86th Street on the north, RM-2, Residential Multi- TH, Townhouse Crespi Blvd. on the east, 85th Street on [he family medium intensity Resideutial sout6 and Hawtharne Avenue to the west; as more particularly depicted on the map belaw. Area generally baunded by Coilins Avenue RM-2, Residential Multi- RM-1, Residenfisl Multi- on the east; Hawthorne Avenue on the west family medium intensity family low intensity (sout6 of 85th Street); 73rd Street ou the south; as more particularly deptcted on the map below. AGENDA ITEM �J � DATF. Gi "a%"'.Q� Commission Memorandum June 27, 2001 Second Reading Public Hearing - Zoning Map Changes Area # General Descdptlon of Area (See Map) Eristing Zoning District Classificatlon 4 Area generally bounded by Rue Granville on RM-2, Residential Multi- the east; Biscayne Bay on the west and family medium intensity south; 71st SMeet on the uorth; as more particularly depicted ou the map below. MAP 2- AREAS 5, 6, 7, S, 9, AND 10 5 Area generally bounded by [he A[lan[ic Ocean ou CD-3, Commercial High the east; 24[h S[reet oa fhe south; Collins Avenue Intensity on [he wes[; 44[h Street on [he north; as more particularly depicted on tM1e map below. 6 Area generally bounded by 44th S[ree[ on the MXE, Mixed Use north: Collins Avenue oo the east; 26th Stree[ on En[ertainmen[ Dis[rict the south; Indian Creek Waterway ao [he wesh, as more particularty depic[ed on the map below. 7 Area generally bounded by Lo[s 1-10, of Block 27, and Lots 1-7 of Block 2, Fisher Subdivislon and aIl of Block D Miami Impravement Co.; generally bounded by 17th Stree[ on the south, 20th Street on the nor[h; Collins Avenue ao [he east and the dividiog line af Blocks 2 aod 27 as described above; as more par[icularly depic[ed on the map below. MXE, Mixed Use Entertainmeut Dis[rict Area generally bounded by 22nd Street on the MXE, Mixed Use north; Washing[on Avenue on the wesp 17th Entertainmen[ Distric[ S[reet on the south; aod the dividing lioe of Blocks 2 and 27 as described in area 7 above; as more par8cularly depicted oo the map below Area generally bounded by Dade Boulevard on the RM-3, ResidenNal Multi- north; West Avenue on the east 15th Terrace on family higM1 intensity [M1e south; Biscayne Bay on [he west; aa more particularly depicted on the map below. ]0 Area bounded by 15th Street ao [he south; Bay Road on the west; West Avenue on [he east; as more particularly depicted on [he map below ADMINISTRATION RECOMMENDATiON RM-2, Residentiel Multl- family medium intensity Page 2 Proposed Zoning District ClassiIIcation RM-1, Residential Mul[i- family low intensity RM-3, Resideutial Multl- family high intensity RM-2, Resideotlal Mul[4 family med�um intensity CD-2, Commercial Medium lotensity RM-2, ResidenHal Multi- family medium inteosity RM-2, Residen[ial Multl- family medium intensity RMd, Residen[ial Multi- famlly low intensity The Administration recommends that the City Commission, approve on first reading the Ordinance as proposed and set a second reading public hearing for June 27, 2001, at 5:00 p.m. Commission Memorandum June 27, 2001 Second Reading Public Hearing - Zoning Map Changes OVERVIEW In January, 1994 the City approved numerous Comprehensive Plan and Future Land Use Map amendments redesignating properties throughout the City, including properties as described above and shown on maps attached, however, at that time the corresponding amendments to the City's Zoning Map were not made. Following is a timeline of these events: • 12/2/93 - The Planning Board, sitting as the Local Planning Agency, met to review and consider a draft amendment to the Miami Beach Comprehensive Plan, including numerous changes to the Future Land Use Map, including those described above and shown on the maps attached. • 1/6/94 - The City Commission approved the transmittal of the draft 1994 Comprehensive Plan Amendments to the State of Florida Department of Community Affairs. • 6/2/94 - City Commission adopted by Ordinance No. 94-2928 the amendments to the Comprehensive Plan. • 10/9/96 - City Commission re-adopted by Ordinance No. 96-3058 pursuant to a Compliance Agreement, the 1994 amendments to the Comprehensive Plan. ANALYSiS A redesignation of the zoning classification for the ten areas described in the chart above would provide consistency with the as-built chazacter of the immediate areas without creating any significant negative impacts on the surrounding neighborhoods, and would be consistent with the public health, safety and welfare. The existing designations are inconsistent with the future land use designations of the subject properties, and aze also inconsistent with the existing conditions of the properties surrounding these areas. Further, the proposed amendments should not adversely influence living conditions in the neighborhoods, as the character of the neighborhoods would not be adversely affected. Lastly, rezoning these areas will harmonize the Official Zoning Map with the Future Land Use Map, thereby eliminating any confusion that might arise from the dual designation of these areas. Four of the proposed amendments require a 30-day mailed notice of public hearing. This requirement affects areas numbered 1, 2, 7 and 10, which are less than 10 contiguous acres, and with this time limitation in mind, notices were mailed with sufficient time for the June 27, 2001 Commission Memorandum June 27, 2001 Second Reading Public Hearing - Zoning Map Changes public hearing. These four areas require only one public hearing, after and following the one required public hearing, the amendment may be immediately adopted by the Commission. The other six areas being proposed for zoning map changes are parcels of land involving ten contiguous acres or more, which require a seven-day ad in a newspaper of general circulation published at least five days a week and two public hearings, one of which must be after 5:00 p.m. In order to have a more efficient and less cumbersome code amendment, all ten (10) areas proposed for zoning map changes will have two readings, with the second reading and public hearing proposed for June 27, 2001 at 5:00 p.m. ANALYSIS The following analysis describes each area individually and are shown graphically on maps 1 and 2 attached. Area bounded by Biscayne Bay (city limits) on the north, Crespi Blvd. on the east, 86th Street on the south and Hawthorne Avenue to the west. Existin�zonin� classification: RM-2 - Residential Multi-family medium intensity Maximum Floor Area Ratio (FAR): 2.0 Maximum Building Height: Lots fronting Biscayne Bay less than 45,000 sq.ft. 100 ft. Lots fronting Biscayne Bay over 45,000 sq.ft. 140 ft. Pronosed zonine classification: RS-4 - Single Family District Comments: The proposed change is desirable as this one-block area consists mostly of single- family residences, with a few duplexes included. 2. Area bounded by 86th Street on the north, Crespi Blvd. on the east, 85th Street on the south and Hawthome Avenue to the west. Existine zonine classification: RM-2 - Residential Multi-family medium intensity Maximum Floor Area Ratio (FAR): 2.0 Maximum Building Height: 60 feet Pro�osed ?�ninn classification: TH - Townhome Residential District Maximum Floor Area Ratio (FAR): 0.70 Ma�cimum Building Height: 40 feet Comments: This one-block area consists of townhome-type structures almost in its entirery. Commission Memorandum June 27, 2001 Second Reading Public Hearing - Zoning Map Changes Page 5 3. Area generally bounded by Collins Avenue on the east; Hawthorne Avenue on the west (south of 85th Street); 73rd Street on the south. Existine zonin¢ classification; RM-2 - Residential Multi-family medium intensity Maximum Floor Area Ratio (FAR): 2.0 Masimum Building Height: 60 feet Pronosed zonine classification: RM-1 - Residential Multi-family low intensity Maximum Floor Area Ratio (FAR): 1.25 Maximum Building Height: 50 feet Comments: The as-built character of this area is low-scale residential structures; the majority of them are no more than two/three stories high, with a few four/five stories high structures scattered throughout this area. The existing district classification of RM- 2 would allow for the development of hotels with accessory commercial uses and would be out of character with this residential neighborhood. 4. Area generally bounded by Rue Granville on the east; Biscayne Bay on the west and south; 71 st Street on the north. Existin� zoninQ classification: RM-2 - Residential Multi-family medium intensity Maximum Floor Area Ratio (FAR): 2.0 Ma�cimum Building Height: Pronosed zonine classification: Lots fronting Biscayne Bay less than 45,000 sq.ft. 100 ft. Lots fronting Biscayne Bay over 45,000 sq.ft. 140 ft. RM-1 - Residential Multi-family low intensity Maacimum Floor Area Ratio (FAR): 1.25 Maximum Building Height: 50 feet Comments: The as-built character of this azea is low-scale residential struchues; the majority of them are two stories high, however there are three mid-rise structures in this area. 5. Area generally bounded by the Atlantic Ocean on the east; 24th Street on the south; Collins Avenue on the west; 44th Street on the north. Existing zoni�e classification: CD-3 - Commercial high intensity Maximum Floor Area Ratio (FAR): Lot area greater than 45,000 sq.ft. = 2.75 Oceanfront lots over 45,000 sq.ft = 3.0 Maacimum Building Height: Oceanfront lots = 200 feet Commission Memorandum June 27, 2001 Second Reading Public Hearing - Zoning Map Changes PrnpncP�i zonin¢ classification: Maximum Floor Area Ratio (FAR): Maximum Building Height: RM-3 - Residential Multi-family high intensity Lots 45,000 sq. ft. or less = 2.25 Oceanfront lots greater than 45,000 sq.ft. = 3.0 Oceanfront lots = 200 feet 1•._� � Comments: This is a change from a primazily commercial designation to a primarily residential multi-family district which also allows for hotels. Since the proposed zoning district classification also allows for the development of hotels with accessory commercial uses in the structures, it is consistent with the existing character of the area. This corridor is part of the Collins Waterfront Historic District and is comprised generally of high-rise residential and hotel structures. The allowed accessory uses under the MXE designation are not compatible with the residential character of the area. 6. Area generally bounded by 44th Street on the north; Collins Avenue on the east; 26th Street on the south; Indian Creek Waterway on the west. Existine zonine classification: MXE - Mixed Use Entertainment Maximum Floor Area Ratio (FAR): 2.0 Maximum Building Height: Pronosed zonin¢ classification: Non-oceanfront = 75 feet RM-2 - Residential Multi-family medium intensity Maximum Floor Area Ratio (FAR): 2.0 Maximum Building Height: Area bounded by Indian Creek Dr., Collins Avenue from 26th to 44th Street = 75 feet. Comments: This corridor is part of the Collins Waterfront Historic District and is comprised generally of mid-rise residential and hotel structures. 7. Area generally bounded by Lots 1-10, of Block 27, and Lots 1-7 of Block 2, Fisher Subdivision and all of Block D Miami Improvement Co.; generally bounded by 17th Street on the south, 20th Street on the north; Collins Avenue on the east and the dividing line of Blocks 2 and 27. ExistinQ zonint claseification: MXE - Mixed Use Entertainment Ma�cimum Floor Area Ratio (FAR): 2.0 Maximum Building Height: Non-oceanfront = 75 feet Pronosed zoninQ classification: CD-2 - Commercial medium intensity Commission Memorandum June 27, 2001 Second Reading Public Hearing - Zoning Map Changes Maximum Floor Area Ratio (FAR): 1.5 Maximum Building Height: 50 feet Page 7 Comments: This area is part of the Architectural District (Museuxn Local Historic District) and is generally comprised of low to medium rise commercial, residential and hotel structuras. Area generally bounded by 22nd Street on the north; Washington Avenue on the west; 17th Street on the south; and the dividing line of Blocks 2 and 27. Existing zonina classification: MXE - Mixed Use Entertainment Maximum Floor Area Ratio (FAR): 2.0 Maximum Building Height: Pronosed zonine classification: Non-oceanfront = 75 feet RM-2 - Residential Multi-family medium intensity MaYimum Floor Area Ratio (FAR): 2.0 Maximum Building Height: Historic district = 50 feet Comments: This area is part of the Architectural District (Museum Local Historic District) and is generally comprised of low to medium rise residential and hotel structures. 9. Area generally bounded by Dade Boulevard on the north; West Avenue on the east; 1Sth Terrace on the south; Biscayne Bay on the west. Existing zonine classification: RM-3 - Residential Multi-family medium intensity Maximum Floor Area Ratio (FAR): Lot area 45,000 sq.ft. or less = 2.25 Lot area more than 45,000 sq.ft. = 2.75 Maximum Building Height: 1S0 feet Pronosed zonine classification: RM-2 - Residential Multi-family medium intensity Maximum Floor Area Ratio (FAR): 2.0 Maximum Building Height: Lots fronting Biscayne Bay 45,000 sq. ft. or less = 100 ft. Lots fronting Biscayne Bay more than 45,000 sq. ft. = 140 ft. 10 Area bounded by 15th Sireet on the south; Bay Road on the west; West Avenue on the east. Existin z,g onin4 r,la�sification: RM-2 - Residential Multi-family medium intensity Maximum Floor Area Ratio (FAR): 2.0 Ma�cimum Building Height: 60 ft. Commission Memorandum June 27, 2001 Second Reading Public Hearing - Zoning Map Changes Page 8 Pronosed zonin�lassification: RM-1 - Residential Multi-family low intensity Maximum Floor Area Ratio (FAR): 1.25 Maximum Building Height: 50 feet Comments: This area is comprised of mostly low-to-medium scale residential buildings structures. REVIEW CRITERIA In accordance with Section ll 8-163 (3), when reviewing a request for an amendment to the land development regulations, the Commission shall consider the following when applicable: Whether the proposed change is consistent and compatible with the comprehensive plan and any applicable neighborhood or redevelopment plans. Consistent - The amendment does not require an amendment to the Future Land Use Map of the Comprehensive Plan, as these property will conform to the designation on the adopted Future Land Use Map. Accordingly, the proposed changes on the Zoning Map will conform to an intensity that is contemplated in the Comprehensive Plan. The amendment is not contrary to any neighborhood or redevelopment plan. 2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts. Consistent - The proposed zoning district classifications would provide consistency with the as-built character of the immediate areas without creating any significant negative impacts on the surrounding neighborhoods. 3. Whether the change suggested is out of scale with the needs of the neighborhood or the city. Consistent - The proposed zoning designations are compatible with the as-built pattern of the neighboring properties, and the changes suggested aze not out of scale with the surrounding neighborhoods. The rezoning of these areas will harmonize the Official Zoning Map with the Future Land Use Map. 4. Whether the proposed change would tax the existing load on public facilities and infrastructure. Commission Memorandum June 27, 2001 Second Reading Public Hearing - Zoning Map Changes Consistent - The proposed changes should not impact upon the circulation of vehicular traffic on the City's roadway network, as the changes generally reduce the allowable densities. In any event, a traffic study would be required to be submitted as part of any future development applications, and any future development would have to meet concurrency. 5. Whether existing district boundaries aze iilogically drawn in relation to existing conditions on the property proposed for change. Consistent - The boundaries are not illogically drawn and the proposed changes would create consistency with the existing conditions of those areas and the designations on the future land use maps. 6. Whether changed or changing conditions make the passage of the proposed change necessary. Consistent - The Future Land Use Map designations for the subject properiy were changed as part of a Comprehensive Plan amendment which included citywide rezoning in 1994, but the Official Zoning Map was not changed at that time. The changes would also eliminate the dispazity between the zoning map and the Future Land Use Map. Whether the proposed change wiil adversely influence living conditions in the neighborhood. Consistent - The proposed amendment should not adversely influence living conditions in the neighborhoods. Indeed the resulting infili development should be more compatible with the chazacter of the neighborhoods. 8. Whether the proposed change will create or excessively increase traffic congestion beyond the levels of service as set forth in the comprehensive plan ar otherwise affect public safety. n i - The proposed change should result in a lesser impact upon traffic circulation which will positively affect levels of service (LOS); in any event, as stated above, any development project proposed for construction must have a concurrency determination which could result in any potential impact to be mirigated by improvements recommended within a signed mitigation development agreement. Commission Memorandum June 27, 2001 Second Reading Public Hearing - Zoning Map Changes Page 10 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Consistent - The proposed changes will not reduce light and air - on the contrary, access to light and air should increase, as these changes would reduce intensities, and in most cases, also the height of fixture developments. 10. Whether the proposed change will adversely affect property values in the adjacent area. Consistent - Staff believes that property values in the adjacent areas would n�� be negatively affected by the proposed amendment. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Consistent - The proposed amendment will � deter development on adjacent sites. 'The proposed rezoning would not affect the ability for any property to be developed in accordance with the land development regulations as they exist at the time of development. 12. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Consistent - Clearly the legal existing uses can continue under any current or potential zoning; they would fall under the category of legal, non-conforming uses. 13. Whether it is impossible to find other adequate sites in the city for the proposed use in a district already permitting such use. Not Applicable CONCLUSION After reviewing the Comprehensive Plan and the Future Land Use Map changes made in 1994 staff recommends that the City Commission redesignate the zoning classifications on the subject properties from the existing zoning district classifications, as proposed and described on the attached maps. The zoning redesignations would provide consistency with the as-built character of the ten (10) areas described above, without creating any significant negative impacts on the surrounding neighborhood. Further, the Official Zoning Map must harmonize with the Future Commission Memorandum .June 27, 2001 Second Reading Public Hearing - Zoning Map Changes Page 11 Land Use Map, thereby eliminating any confusion that might arise from the dual designation of the subject areas. At its May 29, 2001, the Planning Board unanimously recommended approval of the proposed change to the City's Officia] Zoning Map. Commission Action At the June 6, 2001 city commission meeting, the city commission approved on first reading the proposed zoning map changes without any amendments. At the first reading no one from the public objected to the proposed amendment. Following the second reading public hearing, the proposed amendment may be immediately adopted by the Commission. F:�PLAM$PLB�hIAY�2001 \ I497MAP�CC062701. W PD