CITY OF HALLANDALE BEACH, FLORIDA
MEMORANDUM
DATE: March 19, 2007
TO: Planning and Zoning Board
FROM: Christy Dominguez, Director of Planning and Zoning
THRU: Richard D. Cannone, Director of Development Services
SUBJECT: Application #14-07-CL Margaret Abolsky
1710 E. Hallandale Beach Boulevard
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I. BACKGROUND INFORMATION
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APPLICANT:
Tatiana Varzar, Operator d/b/a Florida Tatiana Club Restaurant Inc.
REQUEST:
The applicant is requesting a 6:00 A.M. Nightclub License pursuant to Section 5-9 of the City’s Code of Ordinances for the property located at 1710 E. Hallandale Beach.
LOCATION:
The property is located at 1710 E. Hallandale Beach Boulevard within the Hallandale Shopping Center.
PLANNING DISTRICT:
Golden Isles / A1A
PARCEL SIZE:
Hallandale Shopping Center: 344,124 square feet or 7.9 Acres
EXISTING ZONING:
CCBD (Central City Business District), PRD (Planned Redevelopment Overlay District), and PDD (Planned Development District) are also assigned to the
property.
EXISTING USE:
Nightclub / restaurant with an alcoholic beverage license (4 COP) to sell beer, wine, and liquor for consumption on the premises until 2:00 A.M.
PROPOSED USE:
Nightclub / restaurant 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: General Commercial
County: Commercial
SURROUNDING ZONING:
N: CCBD (Central City Business District), PRD (Planned Redevelopment Overlay District), and PDD (Planned Development District)
S: CF (Community Facilities) and RM-18 (Residential Multifamily District)
E: CCBD (Central City Business District), PRD (Planned Redevelopment Overlay District), and PDD (Planned Development District)
W: CCBD (Central City Business District), PRD (Planned Redevelopment Overlay District), and PDD (Planned Development District)
SURROUNDING LAND USE:
N: Diplomat Mall Shopping Center
S: St. Matthew’s Church and Paradise-by-the-Sea Condominiums
E: Bank / Office Building across Layne Boulevard
W: Hallandale Place Shopping Center across SE 16th Avenue
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II. RELATED LAND USE HISTORY
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PREVIOUS REQUESTS ON SAME PROPERTY:
In 1993, the City Commission approved a conditional use permit to allow Kay’s Starlight Lounge, a nightclub, to operate in the B-L zoning district as well as a variance to allow the subject nightclub to operate within 300 feet from any residential district or use. Subsequently, in 1994, the City Commission approved a 6:00 A.M. nightclub license for the subject property. While occupied by Kay’s Starlight Lounge from 1994 to 2000, a total of 195 service calls were made to the subject property for various offenses.
On September 20, 2005 the City Commission approved a 6:00 A.M. Nightclub License for Vladmir Edelstein d/b/a Club Pearl which operated from the premises until April 2006. While occupied by Club Pearl there were 25 service calls to the subject property. The Club was then closed for renovations by the present operator.
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III. INTERDEPARTMENTAL REVIEW SUMMARY
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The Fire Department rated the premises for a maximum seating capacity with tables and chairs at 480 and has no objection to the proposed nightclub license as it will not affect the occupancy of the building.
Tatiana’s Club has been operating since December 31, 2006 with a 2 a.m. closing, the Police Department conducted a review of required service calls since December 2006. Please refer to the attached incident report which includes information on activity from the previous business. Therefore, the Police Department has no objections to the issuance of the subject nightclub license. There have been (8) service calls since Tatiana began operations. None of these calls were for a criminal offense. (See Exhibit “A”).
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IV. FINDINGS
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1. The sale of alcoholic beverages in the City is not permitted after 2 A.M., unless a Nightclub License for later closing time is approved by the City Commission.
2. 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 City Commission approval.
3. Tatiana’s Club has 14,318 square feet in gross floor area. The establishment currently has 441 seats.
The parking requirement for bars, nightclubs and dance halls is 1 parking space for each 100 square feet of floor area, or 1 space for every 4 seats, whichever is greater. Based on the aforementioned criteria, 144 parking spaces are required. Based on the existing commercial uses in the Hallandale Shopping Center, parking on-site is considered nonconforming under the City’s present Code. Currently there are 386 existing parking spaces which serve the Hallandale Shopping Center, however, the majority of the adjacent businesses located in the Hallandale Shopping Center are not open in the evening, resulting in no additional impact on the existing parking situation on the subject site.
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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 site has nonconforming parking under the City’s current Code, however, a majority of the businesses located in the Hallandale Shopping Center are closed in the evening, therefore the proposed 6 A.M. license will not impact the existing parking situation on-site.
(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 December 2006 there has been no criminal incidents where the Hallandale Police Department were called for service response to the subject address. During such time Tatiana’s Club has operated with a 2:00 A.M. license. The Police Report includes activities of the previous business.
(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.
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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According to Police records, the Police Department has no objections to the issuance of the requested 6:00 A.M. license to the applicant. In addition, the Fire Department also has no objections to the requested 6:00 A.M. license. While parking at the Hallandale Shopping center is considered nonconforming under the current Code, a majority of the businesses located in the Hallandale Shopping Center are closed in the evening, therefore the proposed 6 A.M. license will not impact the existing parking situation on-site.
As a result, staff recommends the approval of the proposed Nightclub License application.
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VII. PLANNING AND ZONING BOARD RECOMMENDATION
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Mr. Schneider motioned to recommend approval to the City Commission of Application #14-07-CL by Florida Tatiana Club Inc. requesting a 6:00 am Nightclub License for the property located at 1710 E Hallandale Beach Blvd.
Ms. Natelson seconded
Motion carried by roll call vote (6-0) for approval