To: Planning & Zoning Board

Re: Upper Deck #62-10-CL

August 25, 2010 Page No. 6

CITY OF HALLANDALE BEACH, FLORIDA

MEMORANDUM

Revised: 09/03/10

DATE: August 10, 2010

TO: Planning and Zoning Board

FROM: Christy Dominguez, Director of Planning and Zoning

THRU: Richard D. Cannone, Director of Development Services

SUBJECT: Application #62-10-CL by Costas Kambouropoulos d/b/a Upper Deck Ale and Sports Grille at 906 E. Hallandale Beach Blvd

I. BACKGROUND INFORMATION

APPLICANT:

Costas Kambouropoulos d/b/a Upper Deck Ale and Sports Grille

REQUEST:

The applicant is requesting a Nightclub License pursuant to Section 5-9 of the City’s Code of Ordinances in order to serve alcoholic beverages seven days a week until 4:00 A.M. at 906 East Hallandale Beach Boulevard.

LOCATION:

The property is located at 906 East Hallandale Beach Boulevard (see attached location map).

PLANNING DISTRICT:

Gulfstream

PARCEL SIZE:

The parcel is 44,880 square feet (1.03 acres).

EXISTING ZONING:

(CCB) Central City Business District. The (PRD) Planned Redevelopment Overlay District is also assigned to the property.

EXISTING USE:

Restaurant serving alcoholic beverages until 2:00 a.m.

PROPOSED USE:

Restaurant/nightclub with a license for serving alcoholic beverages until 4:00 a.m.

COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION:

City: General Commercial

County: Commercial

SURROUNDING ZONING

N: CCB (Central City Business) District/ PRD (Planned Redevelopment Overlay) District

S: CRA (Commercial Recreational Active) District and PLAC (Planned Local Activity Center)

E: CCB (Central City Business) District/ PRD (Planned Redevelopment Overlay) District

W: B-G (Business General) District/ PRD (Planned Redevelopment Overlay) District across South Federal Highway

SURROUNDING LAND USE:

N: Flannigan’s and strip retail across E. Hallandale Beach Blvd.

S: Gulfstream Racing and Casino and the Village at Gulfstream Park

E: Strip retail across E. Hallandale Beach Blvd.

W: Sage Plaza

II. RELATED LAND USE HISTORY

PREVIOUS REQUESTS ON SAME PROPERTY:

On December 15, 1987, the City Commission approved application #1-88-CU and 1-88-CL by Domenico and Frank Perrone d/b/a Villa Peronne Restaurant for a Conditional Use Permit and Nightclub License in order to serve alcoholic beverages until 4:00 a.m.

On August 13, 2002, Redfish Bluefish was licensed to operate as a restaurant with beer, wine and liquor sales for consumption on premises (4 COP) until 2:00 a.m.

On January 25, 2005, the Occupational License was transferred to the Upper Deck Ale and Sports Grille which continued to operate as a restaurant with beer, wine and liquor sales for consumption on premises (4 COP) until 2:00 a.m.

III. INTERDEPARTMENTAL REVIEW SUMMARY

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.

The Code Compliance Division inspected the property and identified the following deficiencies/violations:

-  a banner sign without a permit;

-  the parking lot needs to be resealed and restriped;

-  broken wheelstops and curbing;

-  a boat, boat trailer and storage trailer being stored on the property.

The Police Department provided a list of service calls from January 2009 to present. In addition, the Police Chief spoke with the applicant and conducted a background check. Based upon the background information gathered, the Police Department has no objections to the issuance of a 4:00 a.m. nightclub license (See attached memorandum from Chief of Police, Thomas Magill).

IV. APPLICATION DETAILS

1.  The subject property is zoned Central City Business (CCB). Section 32-175(d)(1) of the Zoning and Land Development Code permits nightclubs in CCB District by a Conditional Use Permit only. A Conditional Use Permit was previously approved at the property; therefore, the applicant is not required to apply for a Conditional Use Permit, only a Nightclub License.

2.  The establishment provides 6,096 square feet of restaurant/nightclub space with a total seating capacity of 157 persons inside and 42 persons outdoors for a maximum seating capacity of 199 people.

3.  The sale of alcoholic beverages in the City is not permitted after 2:00 a.m. unless a Nightclub License for a later closing time is approved by the City Commission.

4.  According to the Code, nightclub licenses are not transferable and are granted at the City Commission discretion to the operator of an establishment which serves alcoholic beverages after 2:00 a.m.

5.  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.

OTHER SITE DETAILS

There is a shared parking agreement between the applicant and the adjacent property to the west, Sage Plaza. According to the covenant, the applicant may utilize the parking facility at Sage between the hours of 5:00 p.m. and 4:00 a.m. and the Sage Plaza is permitted to use the Upper Deck parking facility between the hours of 8:00 a.m. and 5:00 p.m.

V. APPLICATION CRITERIA

NIGHTCLUB LICENSE

Section 5-9 Nightclub Licenses; Issuance and Renewal, sets forth the following criteria for Planning and Zoning Board recommendations and for City Commission consideration 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 provides the number of parking spaces required by Code. The parking requirements for a restaurant and a nightclub are the same; therefore, no additional parking spaces are required. In addition, the applicant has a shared parking agreement with Sage Plaza for additional parking should there be any spill-over.

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 advised they have no objection to the extended hours of operation. The applicant has advised they will not be providing live entertainment or promotional events during the extended hours; therefore, it is not expected there will be additional law enforcement activities generated from the extra hours of operation.

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.

In the past, the applicant had provided outdoor music which resulted in complaints from residential properties across East Hallandale Beach Blvd. The applicant has since advised they will no longer provide outdoor music. Extended hours of operation may increase the potential of service calls; however, it is not anticipated that additional calls from residential properties will be 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.

VI. STAFF RECOMMENDATIONS

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 as required by the Code. Staff has spoken with the applicant and he has been made aware of the existing Code violations. As a result, staff recommends the approval of Application #62-10-CL for a Nightclub License to extend the hours of operation at Upper Deck Ale and Sports Grille seven days a week until 4:00 a.m. subject to the applicant correcting the following violations prior to issuance of the Nightclub License:

1.  Reseal and restripe the parking lot;

2.  Repair and repaint wheelstops and curbing as needed; and

3.  Remove the storage trailer from the property.

Prepared by: ______

Sarah Suarez, Senior Planner

VII. PLANNING AND ZONING BOARD SUGGESTED RECOMMENDATION

I move to recommend approval of Application #62-10-CL by Costas Kambouroulos requesting a Nightclub License pursuant to Section 5-9 of the City’s Code of Ordinances to serve alcoholic beverages at the Upper Deck Ale and Sports Grille at 906 E. Hallandale Beach Blvd. seven days a week until 4:00 a.m. subject to the conditions outlined by staff.