Planning Board Staff Report

 


 

PLANNING BOARD HEARING

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

Hearing Date

June 24, 2020

Meeting Time

7:00 P.M.

File Number

PZ-5-10-2009185

 

Folio Number

11-3206-013-3910

Owner

Shores Village LLC, Aviv Holdings

Applicant

Shawn Saladino

Agent

Mark Campbell & Jim Winters

Property Address

Building: 9501 NE 2nd Avenue

Unit: 9545 NE 2nd Avenue

Legal Description

1 53 41 6 53 42 MIAMI SHORES SEC 1 AMD PB 10-70 LOTS 10 & 11 BLK 29 LOT SIZE 13000 SQUARE FEET OR 16249-1695 0294 5 COC 22525-4025 23686-2181 0704 5

Property Size-Sq Ft

13,000

Building Adjusted Sq Ft

5,116

Flood Zone

X

 

Zoning

B1

Future Land Use Designation

Restricted Commercial

Existing Use

Commercial

Comprehensive Plan Consistency

Yes

Existing Structure

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

Year Built

1926

 

Subject

Special Approvals, Sec. 600: Sec. 523: Sec. 504. Signs. Wall signs. and

Sec. 541 Open air café regulations

Action Required

Approve, Approve with Conditions, or Deny the application

Other Required Approvals

Village Building Permits

     

Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

May 25, 2010

                     

 

Background

 

The applicant has two requests:

 

The first application is for a sign and the Planning Board is authorized to make the final determination on the request.

 

The second application is for an open air café and the Planning Board will make a recommendation to the Village Council where the final determination will be made.

 

 

SIGN

 

 

Wall Sign

 

The applicant is proposing to install a wall sign at the corner of NE 2nd Avenue and NE 96th Street.  The Building wall is located at an angle to the streets and faces the corner.

 

The individual internally lit letters are white with black trim and spell out the name of the business.  A cow shaped box sign is colored black and white.

 

The building is located on NE 2nd Avenue.  The B-1 District provides for 1.5 sq ft of sign area per building front foot, the building has 13 ft of frontage on NE 2nd Avenue and 37 ft of frontage on NE 96th Street for a total sign allocation of 75 square feet.

 

The proposed sign is 6 ft in height and 6 ft in width. [6 ft X 6 ft = 36 sq ft].

 

Window Sign

 

Window 1.       7.3 ft in height and .5 ft in width. [7.3 ft X .5 ft = 3.7 sq ft].

 

Window 2.       9.9 ft in height and .5 ft in width. [9.9 ft X .5 ft = 5 sq ft].

 

Window 3        7.2 ft in height and 1 ft in width. [7.2 ft X 1 ft = 7.2 sq ft].

 

Window 4        7.2 ft in height and 1 ft in width. [7.2 ft X 1 ft = 7.2 sq ft].

 

Window 5        11.3 ft in height and .5 ft in width. [11.3 ft X .5 ft = 5.7 sq ft].

 

The proposed window signage totals 28.8 feet.

 

The total sign request, wall and window, is 64.8 square feet.

 

OPEN AIR CAFE

 

The applicant is proposing a 98 sq ft outdoor seating area adjacent the business on NE 96th Street within the village right-of-way.  A 5 ft walkway is provided along the sidewalk for pedestrian traffic.

 

No additional parking is required due to the new seating as the first 100 ft of sidewalk seating is exempt from parking requirements.

 

Analysis

 

 

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

 

The signage does not detract from the building.

 

The proposed open air café is consistent with the technical provisions of the Zoning Code provided the applicant complies with the conditions identified below.

 

The proposal is consistent with the technical provisions of the Zoning Code.

 

Recommendation

 

 

Sign Recommendation

 

Planning and Zoning staff recommends APPROVAL of the site plan for 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 obtain all required building permits.

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

3)      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.

 

Open Air Café Recommendation

 

Planning and Zoning staff recommends APPROVAL of the site plan and that a recommendation of APPROVAL of the open air café be forwarded to the Village Council with a finding that it is consistent with the technical provisions of the Code.  However, the Planning and Zoning 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)      An annual administrative fee of $250.00 will be charged for the issuance of an open air cafe "conditional special use" permit in addition to the occupational license tax charged by the village. The open air cafe permit expires annually and creates no vested rights to renewal and is not transferrable, or portable.

2)      The owner/operator of every open air cafe, as a precondition of such use, shall provide the village with a hold harmless agreement indemnifying the village from any claims for damages to property or injury to persons relating to such open air cafes, in a form reasonably acceptable to the village attorney.

3)      The owner/operator of every open air cafe, as a precondition of such use, shall furnish the village proof of applicable insurance coverage(s) in an amount no less than $1,000,000.00 each, for bodily injury and property damage per occurrence. Such insurance shall include the provision that the policy shall not be terminated or cancelled prior to the expiration of the annual open air cafe permit, without 30-days written notice to the Miami Shores Village Manager. Said insurance policies shall name Miami Shores Village as an additional insured. Lapse or absence of said insurance shall be grounds for revocation of the open air cafe permit.

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

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

6)      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.