Planning Board Staff Report




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

Hearing Date

September 23, 2010

Meeting Time

7:00 P.M.

File Number


Folio Number



Miami Shores Congregation of Jehovah’s Witnesses Inc.


Fred Sylvain


Randy Tobie

Property Address

9100 NE 2nd Avenue

Legal Description

MIAMI SHORES SEC 1 AMD PB 10-70 LOTS 1 THRU 5 & LOTS 22 & 23 BLK 24 LOT SIZE IRREGULAR OR 17754-1280 0897 1 OR 17754-1280 0897

Property Size-Sq Ft


Building Adjusted Sq Ft


Flood Zone





Future Land Use Designation


Existing Use


Comprehensive Plan Consistency


Existing Structure

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

Year Built




Special Approvals, Sec. 600:

Sec. 523:

Site Plan Approval, Sec. 523.1 & Sec. 604: Church remodeling & Division 5 Off-Street Parking Requirements

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 8, 2010





The applicant has applied for site plan review for a parking lot at the Miami Shores Congregation of Jehovah’s Witnesses Inc.


The proposed site plan will improve an existing parking lot on the church site.


The site improvements are in conjunction with interior remodeling that is being undertaken to expand the seating area to a second sanctuary in the building.  The change will not increase the seating in the church and therefore no additional parking spaces are required.  The parking lot has 77 parking spaces and will retain the same number on site.  The present parking lot does not provide sufficient parking for the existing 288 seats  The new seating configuration will have 280 seats a drop of 8 seat however the church is still short of required parking.  An church with 280 seats requires 94 parking spaces, [280 seats / 3 seats per parking space = 94 required parking spaces.


Parking improvements will include the addition of drainage to the parking lot.


A grass landscape island is to be added to the northerly parking lot, along NE 2nd Avenue.


Applicant is asking for design approval for off site parking to be located in the village swale to the north of the property along NE 92nd Street.




The applicant will add landscaping to the parking lot including around existing trees and along NE 2nd Avenue. 


Institutional parking has the same design standards as commercial parking and is different from single-family requirements. An 18 foot deep parking space is required with 24 foot aisle.


The required setback from abutting residential property is 10 feet, a setback of 5 feet is required along all other property lines.


The parking lot abuts residential property to the west, the applicant proposes to provide a 5 foot setback, a 3 foot setback is presently provided.  Along property lines that abut residential property a 10 foot setback is required however the proposed 5 foot setback is an improvement to what is there presently.


Along property lines that do not abut residential property a setback of 5 feet is required.  A 5 foot setback is provided along the northerly lot lines.


No setback is provided along the southwesterly parking lot along NE 91st Street.  A 5 foot setback would require the removal of 3 parking spaces.


No setback is proposed on the easterly boundary of the northeasterly parking lot, no setback is provided at the present time.  Providing a 5 foot setback in this location would require the removal of 4 parking spaces.


In addition to the above requirements parking lot setbacks from property lines are as establish by the planning board.


The parking lot is existing and improvements meet the requirements of the zoning code to the greatest extent possible.


Parking on the swale along NE 91st Street is proposed to include a 5 foot landscape strip along the sidewalk and 18 foot stalls.  Ne 91st Street is 19 feet wide.  A 2 way drive aisle in a standard parking lot design requires a width of 24 feet.  The proposal does not provide sufficient room to safely back out of the stall where 2 way traffic is allowed.  This is more significant than backing out of a single-family driveway due to problems with visibility.  Backing out of a residential driveway the driver generally has a clear view both ways down the street, backing out of the proposed parking stalls will mean backing out between parked cars impairing the vision of the driver backing out.  The Planning Board may make a recommendation to the Village Manager but does not make the final determination.


The final determination on parking in the swale rests with the Village Manager.  Institutional parking in the swale will require the approval of the Village Manager and the applicant will be required to enter into a contract with the village and pay a fee for use of the swale as determined by the Village Manager.




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)      Parking on the swale adjacent to NE 91st Street is not recommended for approval and is not approved as part of this site plan review.

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.