Planning Board Staff Report



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

Hearing Date

February 24, 2011

Meeting Time

7:00 P.M.

File Number


Folio Number

Parcel 1: 11-3206-013-3910

Parcel 2: 11-3206-013-3920

Parcel 3: 11-3206-013-3900

Parcel 4: 11-3206-013-3890


DVS, LLC, 9400 NE 2nd Avenue, Miami Shores FL 33138




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

Property Address

9501 NE 2nd Avenue

Legal Description

PARCEL 1: 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


PARCEL 2: MIAMI SHORES SEC 1 AMD PB 10-70 LOTS 12 TO 17 INC BLK 29 LOT SIZE 40200 SQUARE FEET COC 22525-4024 07 2004 6


PARCEL 3: 1 53 41 6 53 42 MIAMI SHORES SEC 1 AMD PB 10-70 LOT 9 BLK 29 LOT SIZE 50.000 X 143 OR 16249-1695 0294 5 COC 22525-4025 23686-2181 0704 5


PARCEL 4: 1 53 41 6 53 42 MIAMI SHORES SEC 1 AMD PB 10-70 LOT 8 BLK 29 LOT SIZE 50.000 X 143 OR 16249-1695 0294 5 COC 22525-4025 23686-2181 0704 5

Property Size-Sq Ft

Parcel 1: 13,000

Parcel 2: 40,200

Parcel 3:  7,150

Parcel 4:  7,150

Building Adjusted Sq Ft

Parcel 1:  5,116

Parcel 2: 24,935

Flood Zone




B1 and

X (Parking)

Future Land Use Designation

Restricted Commercial and Parking

Existing Use

Commercial, Mixed Use

Comprehensive Plan Consistency


Existing Structure

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

Year Built





Special Approvals, Sections 600 & 523:

Site Plan Approval, Sec. 523.1 & Sec. 604: Construction, exterior remodeling, change of use mix, and site plan review.

Action Required

Approve, Approve with Conditions, or Deny the application

Other Required Approvals

Village Building Permits

Department of Health and DERM

Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

February 2, 2011





The applicant is requesting general approval for the following land uses and square foot allocations with the ability to relocate uses within the building upon administrative approval by the Planning Director.


The applicant is also requesting approval for the exterior modifications to the building.


The Planning Board is also being requested to renew the previous approvals granted January 22, 2009 and February 26, 2009.  The ice-cream restaurant and its associated parking lot were constructed however the remaining work that was proposed was never carried out nor the proposed uses developed.


The applicant has a unified site plan approved previously by the Planning Board and for which a unity of title was also required by DERM.  The site consists of four plots (applicant mentions 5 parcels however, 2 are grouped under 1 folio number) including the building fronting on NE 2nd Avenue between NE 96th Street and NE 95th Street.  The plan included improvements to the parking lots behind the building including the area east of the alley.  The proposed plans were never carried out and under the current proposal the parking lots will have landscape areas added at the boundaries and within the parking lot.


The building taken as a whole is 25,079 square feet in area.


Parcel 1 was before the Board January 22, 2009 for review and was granted approval for a restaurant at the corner of NE 2nd Avenue and NE 96th Street.


Parcel 2 includes the remainder of the building and the parking lot to the rear and was before the Board February 26, 2009.  The applicant was granted approval to add a restaurant space at the corner of NE 2nd Avenue and NE 95th Street and to convert office space to retail storefront.  Parcel 2 includes the 2 – 50 foot wide lots across the alley that are developed for parking.  The property to the east of the parking lot is zoned single-family residential and is presently vacant.  There is no fence presently between the two uses.  The applicant is again proposing to construct a solid 5 foot high wood fence.


Parcels 3 and 4 were acquired separately and although under the same ownership as Parcels 1 and 2, were never specifically allocated as required parking for the development on Parcel 1 and 2.  The lot to the east of the parking lot is zoned single-family residential and is presently developed with a single-family dwelling.  There is a chain link fence between the two uses.  The applicant proposes to construct a solid 5 foot high wood fence.


Parcel 1


The existing building is 5,053 square feet in area.


Applicant’s Proposal:

2 restaurants, 1,086 sq ft and 932 sq ft

2 retail spaces, 2,095 sq ft and 940 sq ft.


The proposal includes the previously approved 1,086 sq ft retail to restaurant conversion and converts an additional 932 sq ft of office to restaurant.  The applicant is requesting flexibility to allow the 2 restaurants or to have the option to combine the spaces to create 1 restaurant of  2,018 sq ft.


The proposal converts 3,035 sq ft of office space to retail.


The applicant was granted approval to redesign the 5 parking space lot at the rear of the building to create 10 parking spaces and to accommodate a new septic system that requires a grass cover.


The applicant will require approval from the state and county to install a package plant on site to accommodate the additional restaurants.  It is unlikely DERM and or the Department of Health will approve the additional restaurants without the package plant and there is no guarantee they will approve the package plant.


Parcel 2


The existing building is 20,025 square feet in area.


Applicant’s Proposal:

1 restaurant 2,277 sq ft

4 doctors offices 816 sq ft, 750 sq ft 1,380 sq ft, 895 sq ft

2 offices 465 sq ft, 2,828 sq ft


The proposal converts 2,277 sq ft of office space to restaurant and 4,925 of office space to retail use.


Constructing a septic system on site to accommodate future uses would reduce parking and would require a reevaluation of the parking requirement and supply.


Remodeling Exterior


The applicant is proposing to remodel the exterior of the entire building by opening the brick façade and adding windows to create an open retail storefront along the entire façade of the building.


The applicant would replace the barrel tile shaped metal tiles at the south end of the building with clay tile to match the north end of the building.




The applicant has not proposed signage and will have to return to the Planning Board for sign approval at a future date.  The applicant may consider a master sign agreement to establish unified signage for the building and eliminate the need to return to the board for individual business sign approval


Site Plan


The previous applicant reconfigured Parcel 1 to alter the area at the rear of the store to create 10 parking spaces and to include an open grassy area for a new septic system.


The parking lots on Parcel 2 and on Parcels 3 and 4 will be altered to add landscape islands with planting at the boundaries and within the parking lot.  The landscape islands and plantings will bring the parking lots closer to compliance with the zoning code.  A solid 5 ft high wood fence will be provide separation from the adjacent properties to the east.


Septic System


The proposed changes of use will require DERM approval and may require Department of Health approval.


The changes of use will likely require the installation of new septic systems and might require the construction of a package plant to handle the volume of liquid waste from the proposed restaurants and other uses.


If the state or county require that the area over the drain field be left open with grass the parking lot would loose significant parking and would have to be redesigned.  A new analysis of parking would be necessary to determine if sufficient parking would be provided to meet the parking requirement.  A similar process would also be necessary if a package plant were to be constructed.




Any approval by the planning board would be contingent upon the applicant securing required approvals for septic systems or a package plant.  The applicant would not be able to secure village building permits for restaurants or other uses without DERM and or Department of Health approval.


The building is existing and is not required to provide parking unless a new use is proposed that is more intense than the previous use.  If a more intense use is proposed the applicant must provide the parking spaces that are required over and above the previous parking requirement.



Existing Use

Required Parking

Proposed Use

Required Parking



Restaurant space #8




Restaurant space #15




Restaurant space #16







The proposed uses increase the parking requirement by approximately 23 spaces.  The applicant added 5 new parking spaces on Parcel 1 and included 32 spaces from Parcels 3 and 4 for a total of 37 new spaces.  The proposal provides 37 new spaces, 23 are required for the new uses, leaving 14 spaces available for additional uses on site or off site if distance requirements are met.


The new parking spaces meet the zoning code requirements for driveway access and size however, the parking area does not have sufficient area to provide the required 5 foot landscape strip along the rights-of-way.


The parking lot improvements were approved previously by the Planning Board.


The restaurant is consistent with the technical provisions of the Code except as noted.




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 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)      Property owner to secure all DERM and/or Department of Health approvals prior to the issuance of village building permits.

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)      The Planning Director is authorized to approve internal changes to uses within the parameters of uses and square footage of uses approved by the Planning Board and this authority shall not be restricted by the limitations of Condition 5 below.

5)      This zoning permit will lapse and become invalid unless the work for which it was approved is started within two (2) years 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.