Planning Board Staff Report




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

Hearing Date

October 21, 2010

Meeting Time

7:00 P.M.

File Number


Folio Number



Bennet Electric Co., 10007 NE 4th Ct., Miami FL 33138-5606


Mathew Pack, 383 NE 96th Street, Miami Shores FL 33138



Property Address

9537 NE 2nd Street

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


Building Adjusted Sq Ft

Unit Size



Flood Zone





Future Land Use Designation

Restricted Commercial

Existing Use

Commercial, Office

Comprehensive Plan Consistency


Existing Structure

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

Year Built




Special Approvals, Sec. 600:

 Sec. 523.: Article IV Schedule of Regulations: Change of use; Gym/Personal Trainer.

Action Required

Approve, Approve with Conditions, or Deny the application

Other Required Approvals

Village Building Permits

Department of Health or DERM

Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

September 22, 2010





The applicant is proposing to locate a business that specializes in personal training  by appointment only with no more than 1 to 3 clients at any one time.


In addition to exercise, the applicant proposes to consult on health and wellness, providing, a holistic approach integrating optimal nutrition, plan/movement, restoration, stress management and sleep all wrapped up in one.


The applicant will provide services including nutrition lifestyle coaching, fitness evaluations/consultations and Facial Stretch Therapy.  The applicant will also sell products including supplements and DVDs.


The space was previously retail and the approximately 1400 square foot floor area required 1 parking space / 250 square feet of floor are = 6 parking spaces.


Studio Arts require 1 parking space / 100 square feet of floor area, 12 spaces for the above sized gym.


The zoning code does not have a category for limited Studio Arts /gym.


Personal care operations such as barber shops, retail and offices require the same parking requirement as the original retail use.




If the owner operator is the only employee and the maximum number of clients at any one time is three,  the maximum number of cars generated by the services at any one time would be 4.


The present retail space is credited with 6 parking spaces, an actual need for 4 parking spaces would be generated by the new business, there is no increase in the actual parking requirement due to the location of the new business in the space.


The use is closer to personal care operation / retail / office space, than a gym.


The proposal is consistent with the technical provisions of the Zoning Code provided the board finds that the new business may be classified as a personal care operation / retail / office space and that it does not require parking in excess of the 6 parking spaces it is currently credited with.




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 obtain all required building permits.

2)      The parking requirement for the proposed business does not exceed the 6 parking spaces the space is credited with, applicant is not required to provide additional parking over what is already provided for the building.

3)      Applicant to comply with all applicable building, zoning and other 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.