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 Cannone, Director of Development Services
SUBJECT: Application #56-07-CL by Ocean’s Eleven Lounge
800 North Federal Highway
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I. BACKGROUND INFORMATION
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APPLICANT:
Joseph Franco
REQUEST:
The applicant is requesting a 6:00 A.M. Nightclub License for Ocean’s Eleven located at 800 North Federal Highway pursuant to Section 5-9 of the City's Code of Ordinances.
LOCATION:
The property is located at 800 North Federal Highway.
(Please refer to the survey for the full legal description)
PLANNING DISTRICT:
Northeast
PARCEL SIZE:
6,048 square feet in lot area.
EXISTING ZONING:
B-G (Business General) PRD, Planned Redevelopment Overlay District is also assigned to the property.
EXISTING USE:
Nightclub 6:00 A.M. closing.
PROPOSED USE:
Nightclub 6:00 A.M. closing
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION:
City: General Commercial
County: Commercial
SURROUNDING ZONING:
N: B-G (Business General) and Planned Redevelopment Overlay District
S: B-G (Business General)
W: B-G (Business General) across North Federal Hwy.
E: RM-12 (Residential Duplex)
SURROUNDING LAND USE:
N: Carini’s Restaurant
S: Strip Retail stores across NE 8 Street
E: Aurora Garden Apartments
W: Big Irv’s Market across North Federal Highway
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II. HISTORY
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PREVIOUS REQUESTS ON SAME PROPERTY:
On March 20, 1990, the City Commission approved an application by LAL Ocean Corporation, Arnie Oreinstein, for a 6:00 A.M. Nightclub License for Ocean’s Eleven South.The 6:00 A.M. license was approved conditioned on Mr. Oreinstein agreeing to abide by a 1983 Parking Agreement which required the parking at 814 North Federal Highway (Carini’s) and at 614 NE 8 Street to be shared and available for use by Ocean’s Eleven.
On January 26, 2005, the City Commission approved Application #09-05-CL for a 6:00 A.M. License to Efrain Alfonso subject to Mr. Alfonso abiding by the 1983 Parking Agreement. Please note, Nightclub licenses are not transferable, therefore, Joseph Franco, the new operator of Ocean’s Eleven Lounge, is seeking approval to also operate until 6:00 A.M.
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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 of 140. They had no objections to the request.
The Police Department conducted a review of required service calls over the last two years. (Copy attached)
The Police Department had no objections to the issuance of the license to Joseph Franco for Ocean’s Eleven Lounge.
There are minor Code Enforcement issues which are being addressed.
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IV. ANALYSIS
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1. Arnie Oreinstein, the former operator of Ocean’s Eleven, was granted a Nightclub License with a 6 a.m. closing in 1990 and every year thereafter. In 2005, a 6:00 A.M. license was issued to Elfrain Alfonso who operated Ocean’s Eleven subsequent to Mr. Orenstein. Nightclub licenses are not transferable, therefore, Jospeh Franco, the new operator of Ocean’s Eleven Lounge, is seeking approval to also operate until 6:00 A.M.
2. 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.
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 Commission approval.
4. Ocean’s Eleven has 3350 square feet in gross floor area. The establishment has 140 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 present code, 35 parking spaces are required. There are 5 spaces on the property. Therefore, the property is nonconforming as to the present parking requirement. However, the applicant’s lease provides for access to the parking facilities at 814 North Federal Highway and at 614 NE 8 Street in accordance with the 1983 Parking Agreement. There are 40 parking spaces at 814 North Federal Highway and 30 parking spaces at 614 NE 8 Street for a total of 75 parking spaces available for use by Ocean’s Eleven.
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V. REVIEW CRITERIA
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Section 5-19 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 site is nonconforming and does not meet present parking requirements. However, per the 1983 Parking Agreement, 75 parking spaces are available for use by the applicant. The business has operated since 1983 pursuant to the Parking Agreement without adversely affecting neighboring properties, therefore, it is anticipated that additional parking other than the existing number of parking spaces per the Agreement should not be necessary.
(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 in the last 2 years; there were 145 incidents in 2006 and 64 incidents so far this year at Ocean’s Eleven. (See attached report for type of incidents) During such time, Ocean’s Eleven has operated with a 6:00 A.M. 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.
Some adverse effects due to extended business hours may be service calls experienced, however, according to records, no complaints from nearby residential properties have been received. Also, the applicant intends on operating similarly to the former operation.
In accordance with Section 5-13 (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 5-13 (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 6:00 A.M. License to the applicant. As a result, staff recommends the approval of the Nightclub License, subject to the following conditions:
1. The applicant acknowledge the 1983 Parking Agreement in a form acceptable to
The City Attorney.
2. The transfer shall be predicated upon the production of a valid Alcoholic
Beverage License from the State of Florida.
3. The license will be re-evaluated by the City within 6 months. Should the number of incidents not be reduced within such time, the City Manager shall take any appropriate action pursuant to Section 5-9 (e) of the Code.
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VII. PLANNING & ZONING BOARD RECOMMENDATION
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Motion by Ms. Ayala to recommend approval to the City Commission of Application #56-07-CL by Joseph Franco, requesting a 6:00 A.M. Nightclub License for Ocean’s Eleven located at 800 North Federal Highway pursuant to Section 5-9 of the City's Code of Ordinances subject to all staff’s recommendations.
Mr. Schneider seconded.
Motioned carried by roll call vote (5-0) for approval.