Planning Board Staff Report

 


 

PLANNING BOARD HEARING

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

Hearing Date

May 26, 12011

File Number

PZ-5-11-2011242

Folio Number

11-3206-011-0051

Owner

Shores Square Investment LLC, 3850 Bird Road Suite 800, Miami FL

Applicant

Evgenia Loizou, 1162 NE 91st Street, Miami FL 33138

Agent

Lee Marrero, 1162 NE 91st Street, Miami FL 33138

Property Address

9031 Biscayne Boulevard, Unit 15

Legal Description

6 53 42 ASBURY PARK PB 4-110 BEG 30FTW OF SE COR LOT 5 RUN W272.08FT N177FT W260.97FT TO E R/W/L BISC BLVD NELY139.58FT E290.02FT N124.93FT E152.16FT ALG

Property Size-Sq Ft

126,728

Building Adjusted Sq Ft

Unit Sq Ft

47,749

1,600

Flood Zone

AE 8

 

Zoning

B-2

Future Land Use Designation

General Commercial

Existing Use

Vacant was Take out

Comprehensive Plan Consistency

Yes

Existing Structure

Open mall

Year Built

1962

 

Subject

Special Approvals, Section 600: Sec. 523.: Article IV Schedule of Regulations: Change of use; Take out to Restaurant. [Board to make final determination]

Section 541. Open air café regulations [ Board recommendation for presentation to Council]

Action Required

Approve, Approve with Conditions, or Deny the application

Other Required Approvals

Village Building Permits

DERM or Department of Health

WASD

Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

May 16, 2011

                     

 

 

Background

 

The applicant is proposing to locate a restaurant within the Shores Square shopping center.  The 1,100 square foot space was previously occupied by a take out restaurant.

 

The proposed restaurant will have 30 seats inside.

 

The applicant is also requesting that the planning board make a recommendation to the village council on a proposed outdoor café to be located within an area presently occupied by 3 parking spaces in front of the proposed restaurant.

 

The outdoor café will have an area of approximately 500 square feet.

 

The proposed signage is red with white border.  The master sign agreement calls for red lettering only.  Unless this board finds that the proposed signage is within the intent of the master sign agreement , the applicant will be required to come back for a sign permit.

 

The change of use will increase the parking requirement for the proposed unit.

 

The take out restaurant required 1 parking space per 250 square feet.  The 1,100 square foot take our restaurant therefore had a parking requirement of  5 parking spaces.

 

The proposed restaurant requires 1 parking space per 100 square feet.  The 1,100 square foot restaurant requires 11 parking spaces.  The outdoor café requires 1 parking space per 100 square feet of seating area minus the first 100 square feet.  The 500 square foot outdoor café therefore requires 4 parking spaces.

 

The total parking requirement for the café is 15 parking spaces an increase of 10 parking spaces from what was previously required.

 

Analysis

 

Restaurants and outdoor cafes are permitted within the B-2 zoning district.

 

The restaurant will occupy a space presently vacant and previously a take out restaurant.  The parking requirement for restaurants is greater than that for a take out restaurant.  The change of use is therefore more intensive than the existing use and additional parking spaces are require.  The applicant must provide 10 additional parking spaces.  The conversion of the gym to a medical office will free 23 parking spaces providing sufficient parking spaces on the mall site for the restaurant.

 

The applicant is working with Miami Dade County to extend sanitary sewer to the site and to connect the building to the Miami Dade sewer service.

 

Recommendation

 

Restaurant

 

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)      Applicant to install a sanitary sewer connection and connect the building to Miami Dade sewer service prior to receiving a certificate of occupancy from the village Building Official.

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

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

4)      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.

 

Outdoor café

 

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)      Applicant to install a sanitary sewer connection and connect the building to Miami Dade sewer service prior to receiving a certificate of occupancy from the village Building Official.

2)      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.

3)      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.

4)      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.

5)      Applicant to obtain all required building permits before beginning work and shall secure building permits for any work previously undertaken for which required building permits were not obtained.

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

7)      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.