Planning Board Staff Report




Miami Shores Village Town Hall  Council Chambers  10050 NE 2nd Avenue  Miami Shores

Hearing Date

February 25, 2010

Meeting Time

7:00 P.M.

File Number


Folio Number



Biscayne 88 Terr LLC, Attn; Ighal Goldfarb, 1140 Kane Concourse 5th, Floor, Bay Harbor Islands FL 33154


Pizzerias, LLC (d/b/a Papa John’s) Ricardo Warman CEO, 8619 S. Dixie Highway, Miami FL 33143


Mario A Bolivar, 15566 SW 19th Lane, Miami FL 33185

Property Address

8849 Biscayne Boulevard

Legal Description

ASBURY PARK PB 4-110 LOT 19 LESS FED HWY LOT SIZE 25621 SQUARE FEET OR 22120-0744-47-50 0304 6(6) OR 22120-0750 0304 01

Property Size-Sq Ft


Building Adjusted Sq Ft


Flood Zone





Future Land Use Designation

General Commercial

Existing Use


Comprehensive Plan Consistency


Existing Structure

1-story; N/A bed/ N/A bath

Year Built




Section 600: Sec. 523: Article IV Schedule of Regulations: Change of use; Take-out restaurant and Sec. 504. Signs. Wall signs.

Action Required

Approve, Approve with Conditions, or Deny the application

Other Required Approvals

Village Building Permits

Miami-Dade Water and Sewer Department


Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

February 3, 2010





The applicant is proposing to locate a pick-up and take-out pizza restaurant at the above location on Biscayne Boulevard.


The business will occupy 1,919 square feet of space with a kitchen area of 1280 square feet, a business area of 586 square feet and a sales area of 56 square feet.


There will be no tables or chairs other than a bench for customers to use while awaiting their order.


Parking is available on site.


Applicant is requesting approval for 2 box signs that are internally lit with LED lighting.  One box sign would be located on the storefront wall above the front windows on Biscayne Boulevard.  A second sign would be located on the storefront wall above the windows on NE 88th Terrace.  The applicant is also requesting approval for 2 neon open for business window signs.  Both open  signs would be on the front of the building in the window.


The box signs would be primarily white with green highlights and red lettering.


The storefront has approximately 35 feet of frontage on Biscayne Boulevard.  The B-2 District provides for 3 square feet of sign area per building front foot giving the storefront a sign allocation of 105 square feet based on Biscayne Boulevard frontage.


The proposed sign is 4 feet in height and 12 feet in width. [4 feet X 12 feet = 48 square feet X 2 signs =  96 square feet].


The neon open signs are 1.25 feet in height and 3 feet in width. [1.25 X 3 feet =  3.75 square feet X 2 signs = 7.5 square feet


The applicant is requesting approximately 103.5 square feet of signage for the storefront.




The building is on city sewer unlike most buildings in Miami Shores.  Miami-Dade Water and Sewer approval is required and the applicant is to check with DERM and Department of Health for other approvals.


The take-out would replace a grocery store.  The grocery store had kitchen equipment installed to prepare take out food as part of the grocery operation.  It was never approved as a restaurant.


The proposed take-out has the same parking requirement as the previous grocery store and therefore no additional parking is required.  There is parking on site.


The take-out proposal is consistent with the technical provisions of the Village Code.


The proposed signage is within the sign allocation for the store front


The wall sign is consistent with the technical provisions of the Zoning Code.


The “open” sign is not consistent with the technical provisions of the Zoning Code, neon signage is not permitted.  An internally lit “open” sign would be permitted.





Planning and Zoning staff recommends APPROVAL of the site plan for a take-out restaurant and signage with a finding that it is consistent with the technical provisions of the Code.  However, the Planning Board must make a finding that the proposed improvements are harmonious with the community, as required in Section 523 of the Code and, in that regard, may add further conditions or delete or modify staff recommended conditions, deny the application, or continue the item for future consideration.  Should the board find that the applicant merits approval, staff recommends that the following conditions apply:


1)      Applicant to secure necessary Miami-Dade Water and Sewer approval and if applicable DERM or Department of Health approval prior to the issuance of a village building permit.

2)      Applicant to obtain all required building permits.

3)      Applicant to comply with all applicable code provisions at the time of permitting.

4)      Signage is limited to the two (2) wall signs as proposed and two (2) internally lit “open” signs with dimensions not to exceed those proposed in the application.

5)      This zoning permit will lapse and become invalid unless the work for which it was approved is started within one (1) year of the signing of the development order by the board chair, or if the work authorized by it is suspended or abandoned for a period of at least one (1) year.