Planning Board Staff Report

 

PLANNING BOARD HEARING

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

Hearing Date

June 23, 2011

Meeting Time

7:00 P.M.

File Number

PZ-5-11-2011244

Folio Number

11-3206-014-1350

Owner

Devinella LLC, 6644 Windsor Lane, Miami Beach FL 33141

Applicant

Same

Agent

Eric Trebbien, 740 NW 66th Avenue, Plantation FL 33317

Property Address

9165 Park Drive

 

Legal Description

MIAMI SHORES SEC 2 PB 10-37 SWLY1/2 LOT 24 & ALL LOTS 25 & 26 & NELY1/2 LOT 27 BLK 59 LOT SIZE SITE VALUE OR 00000-0000 0471 00

Property Size-Sq Ft

22,500

Building Adjusted Sq Ft

8,174

Flood Zone

X

 

Zoning

PRO

Future Land Use Designation

Restricted Commercial

Existing Use

General Office and Medical

Comprehensive Plan Consistency

Yes

Existing Structure

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

Year Built

1970

 

Subject

Article VII. Errors and Variances;  Sec. 702 Hardship variances:  Sec 521. Required off-street parking.

Variance to reduce parking requirement for medical use.

 

Article VI Special Approval,, Sections 600; Sec. 604; Sec. 605:

Article V Supplementary Regulations, Sec. 523, 523.1 Construction.

Article IV Establishment of Regulations, Schedule of Regulations

Site plan review & approval.

Change of use; Medical office.

 

Action Required

Approve, Approve with Conditions, or Deny the application

Other Required Approvals

Village Building Permits

DERM or Department of Health

Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

June 9, 2011

                     

 

VARIANCE REQUEST

 

Background

 

The applicant is requesting a variance to the parking requirement to convert a building currently utilized for general office and medical office to medical office.

 

The building is 8,174 sq ft in area.

 

The building has an existing medical office use of 1,100 sq ft. The parking requirement for a medical use is 1 parking space for every 200 square feet of floor area.

 

The building has an existing office use of 7,174 sq ft. The parking requirement for an office use is 1 parking space for every 250 square feet of floor area.

 

The existing parking requirement for the combined use:

Medical use: 1,100 sq ft / 200 sq ft = 6 parking spaces.

Office use:     7,174 sq ft / 250 sq ft =  29 parking spaces

 

Total parking spaces required for the existing mixed use is 35 parking spaces.

 

The applicant is proposing to convert the entire building to medical use.

 

The parking requirement for the proposed medical use is 8,174 sq ft / 200 sq ft = 41 parking spaces.

 

The applicant has 26 parking spaces on site, the existing use of the building requires 35 parking spaces.  The village does not require new property owners to provide the required parking for existing uses, only to maintain the parking already supplied. When the use of a property is changed, the property owner is required to provide the difference between the required parking for the existing uses if any and the required parking for the new use.

 

 The medical conversion requires 41 parking spaces.

 

41 parking spaces required – 35 parking spaces (established requirement for building) = 6 new parking spaces must be provided for the new use.

 

With this new use, the applicant would be required to provide 6 new parking spaces in addition to the 26 parking spaces already provided on site for a total of 32 parking spaces

 

Analysis

 

The applicant must provide 6 new parking spaces.  Total parking on site would be 32 parking spaces.

 

The parking requirement for the conversion is 32 parking spaces. This would consist of the existing 26 parking spaces on site plus 6 new parking spaces representing the difference between the required parking for the existing mixed use and the required parking for the proposed medical use.

 

Based on the applicants numbers, the estimated parking demand will be 8 parking spaces for staff, 3 parking spaces for patients, plus an additional 3 estimated by staff to cover the overlap between patients arriving and leaving, for a total of 14 parking spaces.

 

The Board may consider proposed and future uses of the building in making their determination.  Approval of a medical use at this site would permit any qualifying medical use to be located at this site with no knowledge at this time of future employee or patient numbers.

 

Pursuant to Sec 702. Hardship variances, of the Miami Shores Village Code of Ordinances, Appendix A, the applicant must provide sufficient evidence to support a finding by the Planning Board that the variance requested meets all four (4) of the required criteria to grant a variance:

 

Variance Criteria

 

(a)                  The alleged peculiar and unusual conditions affecting the property.

(b)                  The alleged reasons why such conditions make it impossible strictly to apply specified provisions of this ordinance to the property.

(c)                  The variance in such strict application that the applicant believes to be necessary in order to enable him to make a reasonable use of the property.

(d)                  The reasons why the applicant is of the opinion that such variance would be in harmony with the intent and purpose of this ordinance, would not be detrimental to the existing use or prospective development of property in the vicinity, and would not give to the applicant an advantage with respect to the use of his property that is not enjoyed by the owners of similarly situated property.

 

The applicant has responded in the application to the criteria upon which the Planning and Zoning Board will consider the application.

 

Staff reviewed the applicants response to the four (4) criteria and Staff finds that the application has not met all four (4) of the required criteria to grant a variance:

 

(a)                  There are no peculiar or unusual conditions affecting the property.

(b)                  The site is not of sufficient area to accommodate the required parking however the parking requirement would not increase if the mix of general office medical office were not changed.

(c)                  The applicant has reasonable use of the property in its current general office medical office configuration.  Repair and renovation of the building would not require additional parking to be provided.

(d)                  A variance of two (2) parking spaces was granted to an urgent care clinic.

 

Recommendation

 

Planning and Zoning staff recommend to the Planning Board DENIAL of the variance with a finding that the applicant has not met all four (4) of the required criteria to grant the requested variance as required in the Code of Ordinances, Article VII. Errors and Variances, Sec. 702 Hardship variances.

 

However, if the Planning Board finds that the applicant has provided sufficient evidence to support a finding that the application has met all four (4) of the required criteria to grant a variance under Section 702 of the Code of Ordinances and votes to approve the application, staff recommends the following conditions:

 

1)      The applicant is granted a parking variance of six (6) parking spaces, no new parking spaces shall be required for the conversion of  7,174 sq ft. of general office space to medical office.

2)      Applicant to obtain all required building permits.

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

4)      This variance is valid for a period of one (1) year from the date of approval.  Building permits must be secured and work started within that time or a new variance will be required before work can commence.


 

SITE PLAN REVIEW REQUEST, CHANGE OF USE

 

Background

 

The applicant is requesting approval for a change of use to convert to an existing office use of 7,174 sq ft. to medical office. There is an existing medical office use in the building of 1,100 sq ft..  The total floor area of the building is 8,174 sq ft.

 

The applicant has 26 existing parking spaces and has requested a variance of six (6) parking spaces to the thirty-two (32) parking space requirement to allow the conversion without providing additional parking.

 

Dr. Martin Keisch is a board certified and Florida licensed radiation oncologist.  Dr. Keisch’s practice is predominately specialized in breast cancer and prostate cancer treatment.  The practice will include oncology treatment utilizing both linear accelerator and HDR brachytherapy treatments.

 

The practice will have 1 physician and 7 employees.  The practice is expecting to serve 25 patients per day at a rate of 3 patients per hour.

 

Based on the applicants numbers, the estimated parking demand will be 8 parking spaces for staff, 3 parking spaces for patients, plus an additional 3 estimated by staff to cover the overlap between patients arriving and leaving, for a total of 14 parking spaces.

 

Analysis

 

Clinics are not permitted in a PRO district.  The use must comply with the general definition of medical office to be established or continue.

 

The proposal is consistent with the technical provisions of the Zoning Code except as noted.  The parking shortage may be addressed through the provision of additional parking or the granting of a variance.

 

Recommendation

 

The following recommendation is contingent upon the Planning Board approving the variance requested.

 

Planning and Zoning staff recommends APPROVAL of the site plan 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)      Approval is for a medical office and not for a clinic.

2)      Applicant to secure necessary DERM or Department of Health approval for the septic system prior to the issuance of a village building permit.

3)      Applicant to obtain all required building permits before beginning work.

4)      Applicant to meet all applicable code provisions at the time of permitting.

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.