CITY OF HALLANDALE BEACH, FLORIDA
MEMORANDUM
Revised 12-12-07
DATE: November 21, 2007
TO: Planning and Zoning Board
FROM: Christy Dominguez, Director of Planning and Zoning
THRU: Richard D. Cannone, Director of Development Services
SUBJECT: Application #66-06-CU and #67-06-CL (Amended) by Orchid Concessions; Gulfstream Park Racetrack and Casino
901 South Federal Highway
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I. BACKGROUND INFORMATION
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APPLICANT:
William Murphy, Orchid Concessions, Applicant
Gulfstream Park Racing Association Inc., Owner
REQUEST:
The applicant is requesting a Conditional Use Permit and a Nightclub License in order to operate a nightclub seven days a week until 6:00 A.M. at Gulfstream Park Racetrack and Casino located at 901 South Federal Highway in areas of the Clubhouse that are managed by Orchid Concessions.
The applications are as follows:
1) Application #66-06-CU for a conditional use permit pursuant to Section 32-164(c) of the Zoning & Land Development Code in order to operate a nightclub within the Commercial Recreational Active District.
2) Application #67-06-CL (Amended) for a Nightclub License pursuant to Chapter 5, Section 5-4(b) of the Code in order to operate until 6:00 A.M.
LOCATION:
The property is located at 901 South Federal Highway and is located within the Gulfstream Park Racetrack and Casino Clubhouse. (See attached Location Map)
PLANNING DISTRICT:
Gulfstream
PARCEL SIZE:
The parcel is approximately 250 acres. The acreage within the City limits is approximately 200 acres.
EXISTING ZONING:
Commercial Recreation Active(CR-A) District.
EXISTING USE:
Gulfstream Park Racetrack and Casino
Orchid Concessions holds alcoholic beverage licenses (4 COP) in order to sell beer, wine, and liquor for consumption on the premises until 2:00 A.M. in areas that they manage which currently include the 1st, 2nd and part of the 3rd floors of the Clubhouse. Currently part of the 3rd floor is leased to a separate operator (Christine Lee’s) and is not included in this application.
PROPOSED USE:
A nightclub license with a 6:00 A.M. closing for seven days a week within the Gulfstream Park Racetrack and Casino in areas managed by Orchid Concessions which currently include the 1st, 2nd and part of the 3rd floors of the Clubhouse with an alcoholic beverage license (4 COP) to sell beer, wine, and liquor for consumption on the premises until 6:00 A.M.
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION:
City: Commercial Recreation
County: Commercial Recreation
SURROUNDING ZONING:
N: Central City Business District
S: Commercial in the City of Aventura
E: RM-18 (Residential Multi-Family) District in Golden Isles
W: B-L, Business Limited District
SURROUNDING LAND USE:
N: Gulfstream Promenade
S: Commercial in Aventura
E: Vacant lot and Multi-Family Units in Golden Isles
W: Commercial across South Federal Highway
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II. RELATED LAND USE HISTORY
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PREVIOUS REQUESTS ON SAME PROPERTY:
These applications were previously heard by the Planning and Zoning Board at the November 2006 meeting. At that time, the Board recommended approval of both #66-06-CU and #67-06-CL, however, after the Board meeting, the applicant requested deferral of the applications before they were heard by the Commission. The original request was to allow 6:00 A.M. license for seven days a week for the former Serenata Restaurant only. The applicant has now substantially amended the applications to request that the Nightclub License apply to all areas on the 1st, 2nd and 3rd floor of the Clubhouse that are managed by Orchid Concessions. Christine Lee’s Restaurant, located on the 3rd floor which is under separate management is not included in the application request.
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III. INTERDEPARTMENTAL REVIEW SUMMARY
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The Fire Department has no objection to the closing time being extended to 6:00 A.M., as this will not change the occupancy or the maximum capacity of the business.
The Police Department has no objections to the closing time being extended to 6:00A.M. (See attached memorandum from Chief of Police, Thomas Magill)
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IV. FINDINGS ______________________________________________________________________
1. Orchid Concessions currently manages several venues on the 1st and 2nd floors of the Clubhouse, which operates and serves liquor until 2:00 A.M. The applicant wishes to operate past 2:00 A.M. until 6:00 A.M. seven days a week, therefore a Nightclub License is required.
2. The subject property is zoned Commercial Recreation Active (CR-A District. Section 32-164(c) permits nightclubs in CR-A District by a Conditional Use permit, therefore, he is seeking approval of a Conditional Use permit in order to serve liquor until 6:00 A.M. seven days a week.
3. The sale of alcoholic beverages in the City is not permitted after 2:00 A.M., unless a Nightclub License for later closing time is approved by the City Commission.
4. According to Chapter 5, Section 5-9, applications for nightclub licenses shall be placed on the Planning and Zoning Board and City Commission agendas for consideration and Commission approval.
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V. APPLICATION CRITERIA
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ARTICLE VI, SECTION 1 (1.02) Conditional uses: Applications for conditional uses shall be reviewed with consideration given to the following:
(1) That the use is compatible with the existing natural environment and other properties within the neighborhood.
Compliance. The proposed nightclub use is compatible with the surrounding commercial uses within the area, therefore, a nightclub with a 6:00 A.M. closing is well integrated within the Clubhouse use.
(2) That the use will create no substantial detrimental effects on property values in the neighborhood.
Compliance. The surrounding area consists of commercial uses, the proposed nightclub within the Clubhouse building, should not create detrimental effects on any surrounding property values.
(3) That there are adequate public facilities such as schools, roads, parks, and utilities within the service areas involved.
Not applicable
(4) That there will be adequate provisions for the traffic movement, both vehicular and pedestrian, both internal to the use and in the area which will serve the use.
Compliance. The area is adequately served for vehicular and pedestrian traffic movement internally and externally. The proposed use will not obstruct or impede vehicular or pedestrian movement.
(5) That there will be adequate drainage systems to service the use with particular attention to the necessity for on-site retention systems to alleviate drainage and pollution problems.
Not applicable
(6) That there are adequate setbacks, buffering, and general amenities in order to control any adverse effects of noise, light, dust, and other nuisances.
Compliance. The proposed use is located within the Clubhouse at Gulfstream Park, a 250 acre parcel. The clubhouse is separate from the residential uses to the east, therefore, noise, light, dust, and other nuisances should not affect the neighboring area.
(7) That the land area is sufficient, appropriate and adequate for the use and for any reasonably anticipated expansion thereof.
Compliance. The nightclub use is a conditionally permitted use per the Commercial Recreation Active District, and any expansion must comply with the applicable City regulations.
Any other conditions as may be stipulated and made a requirement in granting any application for a conditional use, when it is considered necessary to further the intent and general welfare, including but not limited to:
a.) Limitations on the hours of business operations.
b.) Limitations on the number of occupants of any building at any one time.
Section 5-9 Nightclub Licenses; Issuance and Renewal sets forth the following criteria for Planning and Zoning Board recommendations and for City Commission considerations in making decisions on Nightclub Licenses:
(1) The amount of off-street parking in relation to the demands created by the extra hours of operation, especially with regard to any spill-over effect creating illegal or hazardous parking or parking in adjacent residential areas.
The subject property will have approximately 6670 parking spaces once all construction for the Village at Gulfstream Park is completed. In addition, there should be no spill-over parking to adjacent or neighboring properties.
(2) The amount and degree of law enforcement activities generated by the extra hours of operation, both inside and outside the particular location, with particular reference to noise, vehicular use by patrons, and illegal activity of any kind of employees, patrons or others associated with the establishment, during or within one hour after the extended hours of operation.
The Police Department has a current agreement with Gulfstream Park Racetrack and Casino to supply police services. The Casino has been operating since last November. The Police Department's report did not indicate any significant problems and noted that they supported the requested nightclub license.
(3) The adverse effects, if any, that the extended hours of operation will have on neighboring properties, especially with respect to the effects of noise, parking, and glare from headlights or exterior lighting, on nearby residential properties.
Extended hours may increase the potential of service calls however, according to records, no complaints from nearby residential properties have been received. (Please refer to the memorandum from Police Chief Thomas Magill for incident report and comments.)
In accordance with Section 5-9(b), the City Commission may require, as a condition of the privilege of extended hours of operation, compliance with any reasonable conditions deemed by the Commission to be necessary to mitigate or eliminate the adverse effects of that operation. These conditions may include, without being limited to, provision by the owner or operator of the licensee, at his expense, of additional off-street parking, security personnel, and screening and buffering from nearby properties.
Furthermore, according to Section 5-9(c), the granting of extended hours of operation is a privilege subject to modification or termination by the City Commission each year at renewal time, and no person may reasonably rely on the continuation of that privilege.
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VI. PLANNING AND ZONING BOARD RECOMMENDATION
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The applications were presented to the Planning and Zoning Board on November 28, 2007. The Board made the following Recommendations:
Ms. Dillard motioned to recommend approval of Application # 66-06-CU and # 67-06-CL by Orchid Concession (Magna Entertainment) requesting a Conditional Use Permit and a Nightclub License in order to serve Alcoholic beverages until 6:00 AM at Gulfstream Racetrack located at 901 South Federal Highway.
The applications are as follows:
1. Application # 66-06-CU for a Conditional Use Permit pursuant to Section 32-164 (c) of the Zoning and Land Development Code in order to operate a nightclub within the Commercial Recreational Active (CR-A) District.
Mr. Fendell Seconded.
Motion carried by Roll Call Vote (6-0 for approval).
2. Application # 67-07-CL for a Nightclub License pursuant to Chapter 5, Section 5-4( C) of the Code in order to operate until 6:00 AM.
Mr. Schneider Seconded.
Motion carried by Roll Call Vote (6-0 for approval).
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VIl. STAFF RECOMMENDATIONS
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The Police Department has no objections to the issuance of the requested 6:00 A.M. license. In addition, parking is available at the site. As a result, staff has no objections to the approval of Application #66-06-CU for a Conditional Use permit to allow a nightclub in CR-A District and Application #67-06-CL Amended for a Nightclub License to extend the hours of operation until 6:00 A.M. seven days a week of Orchid Concession managed areas within the Clubhouse of Gulfstream Park Racetrack and Casino.