CITY OF HALLANDALE BEACH, FLORIDA
MEMORANDUM
REVISED: July 26, 2007
DATE: July 16, 2007
TO: Planning and Zoning Board
FROM: Christy Dominguez, Director of Planning and Zoning
THRU: Richard D. Cannone, Director of Development Services
SUBJECT: Application #55-07-CL - Daniel Adkins, Hollywood Concessions, Inc
831 N Federal Highway
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I. BACKGROUND INFORMATION
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APPLICANT:
Daniel Adkins, Vice President of Corporate Ownership for Hollywood Greyhound Track, Inc and Hollywood Concessions, Inc.
D/B/A Mardi Gras Gaming
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 Mardi Gras Gaming Center located at 831 N. Federal Highway.
LOCATION:
The property is located at 831 N. Federal Highway at the Mardi Gras Gaming facility.
PLANNING DISTRICT:
Dog Track
PARCEL SIZE:
49.17 Acres
EXISTING ZONING:
CR-A (Commercial Recreational Active District).
EXISTING USE:
A gaming facility that includes a greyhound dog track and casino with current 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: Commercial Recreation
County: Commercial Recreation
SURROUNDING ZONING:
N: B-G (Business General District)
S: RM-18 (Residential Multifamily District); B-I (Business Industrial District); PRD (Planned Redevelopment Overlay District)
E: B-G (Business General District), PRD (Planned Redevelopment Overlay District)
W: B-G (Business General District), North Dixie Highway Overlay District; CF (Community Facility District)
SURROUNDING LAND USE:
N: Commercial Businesses
S: Multi-Family Residences, Mobile Home Parks, Industrial Business
E: Commercial Businesses
W: Commercial Businesses; Road and Railroad Right-of-Way
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II. RELATED LAND USE HISTORY
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PREVIOUS REQUESTS ON SAME PROPERTY:
None, relative to this request.
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III. INTERDEPARTMENTAL REVIEW SUMMARY
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The Fire department had no objections to the proposed nightclub as it will not affect the occupancy of the building.
The Police Department conducted a review of required service calls over the last 2 years (copy attached). The Police Department noted that the facility has its own security force which is supplemented by off-duty Hallandale Beach police officers. The Florida Department of Law Enforcement agents are also on site during operating hours. The Department had no objections to the issuance of the requested 6:00 a.m. license.
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IV. ANALYSIS
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1. The subject property is a gaming facility which includes greyhound dog track and casino which operates and sells liquor until 2:00 a.m. The State recently approved the casino to operate 18 hours during weekdays and 24 hours on the weekends. The casino is opened Monday thru Thursday from 10:30 a.m. until 4:30 a.m. and weekends it is opened 24 hours with Fridays opened at 10:30 a.m. thru Monday at 4:30 a.m.
2. 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.
3. 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.
4. The ground floor has 83,375 square feet in gross floor area and has been rated for a maximum occupancy of 3,708. There are approximately 1,298 parking spaces available on site.
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V. REVIEW 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.
The property has approximately 1298 parking spaces on site. The casino is licensed by the State to operate the gaming facility 24 hours a day in weekends and 18 hours during the week. No spill-over effect is anticipated from the additional operating hours of the sale of alcoholic beverages until 6:00 a.m.
(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 reviewed the proposal and have no objection to the additional hours requested for alcoholic beverage sales. Further, the Gaming Center utilizes off-duty Hallandale Beach Police officers, as well as Florida Department of Law Enforcement (FDLE) on site during operating hours.
(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.
The Mardi Gras Gaming Center is located on 45.17 acres. No effects of noise, headlights or glare are anticipated from the extended hours of operation.
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.
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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Ms. Ayala motioned to recommend approval of application #55-07-CL by Daniel Adkins, Hollywood Concessions, Inc requesting a 6:00 A.M. Nightclub License pursuant to Section 5-9 of the City’s Code of Ordinances for the Mardi Gras Gaming Center located at 831 N. Federal Highway.
Mr. Schneider seconded.
Motion carried by roll call vote (5-0) for approval.