Planning Board Staff Report

 

PLANNING BOARD HEARING

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

Hearing Date

September 22, 2011

Meeting Time

7:00 P.M.

File Number

PZ-8-11-2011258

Folio Number

11-3206-014-1350

Owner

Devinella LLC, 6644 Windsor Lane, Miami Beach FL 33141

Applicant

Same

Agent

Mark Campbell, 373 NE 92nd Street, Miami Shores FL 33138

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 Doctor’s Office

Comprehensive Plan Consistency

Yes

Existing Structure

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

Year Built

1970

 

Subject

Pursuant to Articles IV, V and VI of Appendix A Zoning, Special Site plan review & approval for site plan and change of use; Doctor’s 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

August 19, 2011

                     

 

Background

 

The applicant is requesting site plan approval for a 22,500 square foot site, modification to an existing building, and a change of use to convert an existing 8,174 sq ft  building with 7,121 sq ft of general office and a 1,000 sq ft Doctor’s office to a mixed use building with 6,329 sq ft of Doctor’s office, 1,000 sq ft of general office and 792 sq ft of indoor parking.

 

The Planning Board must determine whether or not the proposed use may be defined as a Doctor’s Office for the use to be approved.  Uses that may be defined as a clinic are prohibited in the PRO District.

 

The Planning Board must also determine whether or not the building is of a residential type of architecture in exterior design.  Only buildings of a residential character are permitted in the PRO District.

 

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.  The agent for Dr. Keisch has stated that the facility will only treat the patients of Dr. Keisch although it is unclear what that means.

 

The Miami Shores Code of Ordinances has a parking requirement for Offices: Medical.  Doctor’s offices listed in the PRO District would fall under the Offices: Medical classification for the purpose of calculating the parking requirement.

 

The building is 8,174 sq ft in area.

 

The building has an existing doctor’s office use of 1,000 sq ft. The parking requirement for a doctor’s office is 1 parking space for every 200 sq ft of floor area.

 

The building has an existing office use of 7,121 sq ft. The parking requirement for an office use is 1 parking space for every 250 sq ft of floor area.

 

The existing parking requirement for the combined use:

Doctor’s office: 1,000 sq ft / 200 sq ft = 5 parking spaces.

Office use:     7,121 sq ft / 250 sq ft =  29 parking spaces

 

Total parking spaces required for the existing mixed use is 34 parking spaces.

 

The applicant is proposing to convert a majority of the building to doctor’s office leaving 1000 square feet of office.

 

The parking requirement for the combined use:

Office use: 1,000 sq ft / 250 sq ft = 4 parking spaces.

Doctor’s office:     6,329 sq ft / 200 sq ft =  36 parking spaces

 

The difference between the parking requirement for the existing uses of 34 parking space and the parking requirement for the proposed uses of 36 parking spaces, is 2 parking spaces. Therefore, the applicant must provide 2 additional parking spaces on site.

 

The applicant currently has 26 parking spaces on site  The applicant’s site plan proposes 30 parking spaces including a loading space, an increase of 4 spaces from the present parking configuration.  Only 2 additional parking spaces are required therefore the requirement that the applicant add 2 new parking spaces has been met.

 

The village does not require owners of developed properties 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.

 

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 applicant is locating a dumpster enclosure at the easterly end of the parking lot.

 

The loading space is at the easterly end of the parking lot behind the building.

 

The applicant is proposing to remove 2 parking spaces from the swale to open the lines of site.

 

The building is being redesigned to blend more into the residential community.  The plans show several low tile roof towers including one creating a new entrance at the front of the building.

 

Two garage doors are being added to the south side of the building where 4 indoor parking spaces are being created.

 

Analysis

 

The Planning Board must determine whether or not the proposed use may be defined as a Doctor’s Office for the use to be approved.  Uses that may be defined as a clinic are prohibited in the PRO District.

 

The Planning Board must also determine whether or not the building is of a residential type of architecture in exterior design.  Only buildings of a residential character are permitted in the PRO District.

 

The Miami Shores Code of Ordinances does not provide definitions for “Office,” “Doctor’s Office” or “Clinic.”

 

In the absence of definitions, the Planning Board must determine if the proposed use is a “Doctor’s Office” or a “Clinic.”

 

If the Planning Board determines that the proposed use is a “Doctor’s Office,” the Planning Board may consider approving the change of use.

 

If the Planning Board determines that the proposed use is a “Clinic,” the Planning Board shall deny the change of use.

 

The applicant is providing 4 new parking spaces.  No additional parking spaces are required.

 

The new building design works better with the residential character of the area with low towers to add character and tile roof to mimic the tile roofs on area residences.

 

Recommendation

 

The following recommendation is contingent upon the Planning Board determining that the proposed use is permitted in the PRO District and that the proposed building is of a residential type of architecture in exterior design.

 

Planning and Zoning staff recommends APPROVAL of the site plan for a mixed use development to expand a Doctor’s office by 5,329 sq ft to create a 6,329 sq ft Doctor’s office and 1,000 sq ft of general office 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 Articles IV, V and VI of Appendix A Zoning of the Code of Ordinances 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 doctor’s office and not for a clinic.

2)      Approval is granted to expand a doctor’s office by 5,329 square feet to create a 6,329 square foot Doctor’s office with an additional 1,000 square feet of general office.

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