CITY OF HALLANDALE BEACH, FLORIDA
MEMORANDUM
DATE: February 21, 2008
TO: Planning and Zoning Board
FROM: Christy Dominguez, Director of Planning and Zoning
THRU: Richard Cannone, Director Development Services Department
SUBJECT: Application #23-08 CL by Werner Staub Wine Cellar Restaurant
1727 East Hallandale Beach Boulevard
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I. BACKGROUND INFORMATION
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APPLICANT:
Werner Staub, Wine Cellar, Tammy Hinchee, representative
REQUEST:
The applicant is requesting a Nightclub License in order to operate a nightclub until 4:00 A.M. at 1727 East Hallandale Beach Boulevard.
The application is as follows:
1) Application #23-08 CL by for a Nightclub License pursuant to Chapter 5, Section 5-4(c) of the Code in order to operate until 4:00 A.M.
LOCATION:
The property is located at 1727 East Hallandale Beach Boulevard and is located within the RK Diplomat Center.
PLANNING DISTRICT:
Diplomat/Three Islands
PARCEL SIZE:
The parcel is approximately 30.417 acres. The gross residential acreage is 3.53 acres. The commercial parcel is 26.88 acres.
EXISTING ZONING:
(CCB) Central City Business District. The (PDD) Planned Development Overlay and (PRD) Planned Redevelopment Overlay Districts are also assigned to the property.
EXISTING USE:
Restaurant with an alcoholic beverage license (4 COP) to sell beer, wine, and liquor for consumption on the premises until 2:00 A.M. The applicant was issued a Temporary License on February 13, 2008 to extend hours of operation to 4:00 A.M.
PROPOSED USE:
Restaurant / nightclub with an alcoholic beverage license (4 COP) to sell beer, wine, and liquor for consumption on the premises until 4:00 A.M.
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION:
City: General Commercial
County: Commercial
SURROUNDING ZONING:
N: RM-18 (Residential Multi-Family) District and CR-P (Commercial Recreational- Passive) District
S: CCB (Central City Business) District
E: CCB (Central City Business) District and RM-18 (Residential Multi-Family) District
W: RM-18 (Residential Multi-Family) District
SURROUNDING LAND USE:
N: Duo Towers under construction and Diplomat Country Club
S: Commercial (across East Hallandale Beach Boulevard)
E: The Marbay Motel across Diplomat Parkway
W: Residential Multi-Family
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II. RELATED LAND USE HISTORY
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PREVIOUS REQUESTS ON SAME PROPERTY:
On August 2, 2005, the City Commission approved Application #43-05-CU and #58-05-CL by Hivia Lozani of Carlton’s Restaurant for a conditional use permit and Nightclub License to operate Carlton’s Restaurant as a Nightclub with 4:00 A.M. closing.
The Wine Cellar Restaurant was issued a Temporary License on February 13, 2008 to extend hours for sale of alcoholic beverages until 4:00 A.M. No incidents other than a request for information have been reported since the temporary license has been issued.
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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 4:00 A.M., as this will not change the occupancy or the maximum capacity of the business. However they noted certain fire code and safety issues that have not been fully corrected. They recommended conditional approval subject to resolution of the door assembly in the egress.
Since the Wine Cellar Restaurant opened in May, 2007, the Police Department conducted a review of required service calls during the last 2 years, and has no objections to the issuance of the subject nightclub license (refer to attached incident report). There were a total of 9 service calls to the property, 4 of which occurred during the time Carlton’s Restaurant was in operation. There have been 5 service calls since the Wine Cellar has been in operation,1 of which was a request for information. The remaining 4 service calls were for offenses including: trespassing, theft (UCR larceny), breaking and entering and a civil matter.
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IV. FINDINGS ______________________________________________________________________
1. The Wine Cellar is a new restaurant within RK Diplomat Center, which operates until 2:00 A.M. Previously Carlton’s Restaurant, the applicant wishes to operate pass 2:00 A.M., therefore, he is seeking approval of a pursuant to Chapter 5 Section 5-4 of the Code to operate as a nightclub until 4:00 A.M.
2. The subject property is zoned Central City Business (CCB) District. Section 32-175(d)(2) permits nightclubs by a Conditional Use permit. A conditional use permit to operate a nightclub from the subject property was approved by Commission on August 2, 2005.
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.
5. The Wine Cellar Restaurant has approximately 7,000 square feet in gross floor area. The establishment currently has approximately 213 seats, 148 of which are dining room seats, 16 bar seats, and 49 lounge seats.
6. The Wine Cellar Restaurant is located in the RK Diplomat Center, the required parking spaces for the commercial uses within the RK Diplomat Center are1296 parking spaces and 1298 parking spaces are provided. Therefore, the property meets the parking requirements for all the uses within the RK Diplomat Center.
7. Pursuant to Chapter 5, Section 5-9(e), the License may be revoked at any time if it is determined that the licensee has either violated any condition or is operating in a manner harmful to the public health, safety or welfare.
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V. APPLICATION CRITERIA
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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.
As mentioned above, the subject property exceeds the number of parking spaces required by Code and has a surplus of 2 additional parking spaces. In addition, there should be no spill-over parking to the Duo towers as such parking is not available to commercial traffic.
(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.
According to the Police Department's query of law enforcement activities since January, 2006, there has been 9 incidents as described on the attached Police Report. The Wine Cellar Restaurant has been in operation since May 2007, operating with a 2:00 A.M. license. On February 13, 2008 a temporary license was issued extending hours of operation until 4:00 A.M.
(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.
According to records no complaints from nearby residential properties have been received.
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. STAFF RECOMMENDATIONS
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Based on the Police records, the Police Department has no objections to the issuance of the requested 4:00 A.M. license to the applicant. In addition, the site provides sufficient parking than required by the Code. As a result, staff recommends the approval Application #23-08 CL for a Nightclub License to extend the hours of operation at wine Cellar Restaurant until 4:00 A.M contingent on any fire safety issues being corrected.
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VII. PLANNING AND ZONING BOARD RECOMMENDATION
MR. LOVENVIRTH MOTIONED TO RECOMMEND APPROVAL TO THE CITY COMMISSION OF APPLICATION #23-08-CL BY WERNER STAUB’S WINE CELLAR RESTAURANT FOR A NIGHTCLUB LICENSE PURSUANT TO CHAPTER 5 SECTION 5-4(c) OF THE HALLANDALE BEACH CODE OF ORDINANCES IN ORDER TO OPERATE UNTIL 4:00 AM. THE PROPERTY IS LOCATED AT 1727 EAST HALLANDALE BEACH BOULEVARD.
MS. NATELSON SECONDED.
MOTION CARRIED BY ROLL CALL VOTE: (5-0) FOR APPROVAL.