†† Planning Board Staff Report




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

Hearing Date

October 22, 2009

Meeting Time

7:00 P.M.

File Number


Folio Number



Bank of America, 13510 Ballantyne Corp Place, charlotte NC. 28277


Andres Rodriguez, 151 Sevilla Avenue, Suite 200, Coral Gables FL 33134



Property Address

9475 NE 2nd Avenue

Legal Description

MIAMI SHORES SEC 1 AMD PB 10-70 LOTS 13 THRU 17 INC BLK 28 LOT SIZE 35425 SQUARE FEET OR 22766-0601 10 2004 6(3) COC 25801-4510 07 2007 6 (3) OR 25801-4510 0707 03

Property Size-Sq Ft


Building Adjusted Sq Ft


Flood Zone





Future Land Use Designation

Restricted Commercial

Existing Use


Comprehensive Plan Consistency


Existing Structure

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

Year Built




Special Approvals, Section 600: Sec. 523. Freestanding Bank ATM.

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

September 29, 2009





The applicant is proposing to add a freestanding ATM kiosk to the parking lot south of the existing bank building.  The kiosk will be located in an existing parking island with a new handicap parking space beside it.  The original island had 6 parking spaces and the reconfigured parking island will also have 6 parking spaces.


There are presently two other ATM on the property, one at the south entrance to the bank and one along a drive aisle in the east side wall of the bank.  These ATMís will stay.




The application did not include verification that the person signing the consent and designation of agency is authorized on behalf of Bank of America to sign the document.  The applicant/agent did not sign the consent and designation of agency form.  The application can not proceed without this information.  The application may proceed provided this information is provided by the applicant prior to the planning board hearing.


The Miami Shores Police Department was asked to comment on the site plan.  The police have not commented to date.


A surveillance camera or cameras to record activity around the door and parking lot may help to deter criminal activity outside the lobby.


The site and especially the ATM kiosk should be properly illuminated above the minimum standard to make activity around the kiosk easily visible from off site.


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




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 before beginning work.

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

3)      Applicant to install a surveillance camera or cameras to record activity around the ATM kiosk.

4)      Applicant to add lighting that goes beyond the minimum illumination requirement to make activity around the kiosk clearly visible at night, however lighting to be properly shielded to prevent direct light from being visible outside the property.

5)      Surveillance equipment and lighting to be installed prior to final approval by the building official.

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.