CITY OF NORTH LAUDERDALE

COMMUNITY DEVELOPMENT DEPARTMENT

 

TO:                             Mayor and City Commission

 

FROM:                       Ambreen Bhatty, City Manager

 

BY:                             Tammy L. Reed-Holguin, Community Development Director

 

DATE:                       December 8, 2009

 

SUBJECT:                SEU 09-03 Café Creole Restaurant

                                    5460 N. State Road 7, Suite 104 (Plaza Central)

 

                                    Special Exception use request to permit the limited sale of beer and wine as an accessory use in a restaurant with a freestanding bar in a Community Business District (B-2).

 

APPLICANT:           Smith Dorlus

 

Smith Dorlus, owner of Café Creole restaurant, has applied for a Special Exception Use Permit (SEU) to allow the limited sale of beer and wine with meals as an accessory use in a restaurant with a freestanding bar in a B-2 Zoning District, in accordance with Section 86-110 (7) of the City’s Zoning Code entitled Restaurants and Cafes.  The applicant has applied for a business tax receipt for the operation of a restaurant and has applied for a beer and wine license through the State.  The location is in the annexed area. There was no sale of alcoholic beverages by the previous tenant and there is a new owner now, therefore an SEU is required.

 

The applicant is proposing to operate the business in Plaza Central located at 5460 N. State Road 7, Suite 104.  The specific extent of the anticipated use is explained in Attachment A, and made a part of this report.

 

Background

As you may recall, in 2005 the City Commission approved modifications to the regulations of business/commercial uses permitted city–wide with regards to the sale of alcohol.  These modifications were set forth to facilitate redevelopment by removing potential obstacles while retaining sections of the ordinances that protect the City and its residents.

 

In order to provide a brief history, prior to the modifications in 2005, the City Commission approved Ordinance No. 97-5-927 in May 1997, which deleted the requirement for each applicant for a beer and wine license or business transfer for such license in relation to a restaurant to obtain a special exception use permit.  This was done to benefit the small restaurant owners by expediting the process for opening and serving beer and wine with the meal.  However, the Code retained the prohibition of freestanding bars in any establishments that were not in operation prior to May 27, 1997.  In order to address Codes that may impede redevelopment, the City Commission approved Ordinance 05-09-1136 that revised the City Code to add a provision that an establishment that desires to incorporate or retain a free-standing bar and in the staff’s determination furthers the City’s redevelopment efforts, may be considered as part of the Special Exception Use permit process so that the overall project concept may be analyzed.  A business may apply for a Special Exception use permit to operate a freestanding bar to sell beer and wine as an accessory use to the primary use as a restaurant or café.

 

Café Creole is located within the City’s 441/SR7 Mixed Use Redevelopment Overlay District.  Staff has reviewed the proposed request in light of the guidelines and criteria contained in Section 86-110 (7) and Article IV Special Exception Uses of the City Code, and determined that the application meets the criteria for allowing the limited sale of beer and wine with meals at a freestanding bar.  This business appears to be able to accommodate any anticipated effect on access, traffic generation and road capacities caused by the use for which the special exception permit is being requested.  The proposed use does not create any additional impact upon the capacity of utilities, or public services, and conforms with the goals, objectives, policies and land uses established by the City’s code of ordinances. 

 

Economic Analysis

 

The economic impact would be beneficial to the City of North Lauderdale, since it would allow the business to remain competitive with the surrounding restaurants.  Furthermore, the restaurant would be a welcome addition by increasing the viability of the City to offer more sit-down family style restaurants. The business would be along the State Road 7 corridor, which helps to further the City’s objectives of redeveloping the area.

 

Traffic/ Parking Analysis

 

This center was built to provide parking based on Broward County codes.  In 2003, the City annexed the area. The current City ordinance requires 28 parking spaces for this restaurant.  The center has a total of 169 parking spaces.  The applicant is proposing that their busiest hours of operation will be during the lunch and dinner hours and that there is adequate parking to facilitate the restaurant.  Since the restaurant preexisted and the only change being made is adding the sale of beer and wine, the applicant contends that there should be no impact on the traffic and parking for the plaza in general.

 

The Planning and Zoning Board meeting was held on November 4, 2009.  Staff made a detailed presentation regarding the purpose of revision to the Code to incorporate a process for the consideration of a special exception use permit to allow freestanding bars within the City of North Lauderdale to further the City’s redevelopment efforts.  The Board voted 4-0 to recommend approval of the SEU permit to the City Commission with the customary condition that “in the event that problems arise as a result of the operation of this establishment, such as noise, parking, traffic and/or other nuisances, the applicant makes all improvements required to mitigate these nuisances so as not to negatively impact adjacent commercial areas” in addition to the other eight conditions outlined below.

RECOMMENDATION:

 

Should the City Commission concur with the applicant’s request, a motion is in order to approve the proposed SEU permit subject to the following conditions:

 

  1. That the applicant complies with all applicable codes of the City regarding the development and operation of a restaurant as the primary use and the ancillary sale of beer and wine.
  2. That the applicant adheres to the hours of operation stated in the letter of intent and within which the sale of beer and wine is allowed on premises per Section 86-103 of the City Ordinances. No extended hours beyond 2 A.M. will be permitted.
  3. That all terms, conditions, and provisions imposed by the City Commission, Planning and Zoning Board, and staff, including all life, health, and safety Codes pertaining to this facility are met prior to commencing, and during operation.
  4. Acknowledgement that other uses may be permitted in close proximity that may be objectionable to the sale of alcohol.
  5. In the event that outside parking problems arise as a result of the operation of this establishment, such as noise, parking, traffic and/or other nuisances, the applicant makes all improvements required to mitigate these nuisances so as not to negatively impact adjacent commercial and residential area.
  6. Applicant shall obtain proper approvals such as Certificate of Occupancy and Local Business Tax Receipt from the City.
  7. Approval of the SEU is for the operation of a restaurant with the ancillary sale of beer and wine with meals at a freestanding bar and in no way constitutes approval of the operation of private club, social club, hall for hire or nightclub which must meet other stringent criteria. 
  8. The applicant cannot advertise events to the public that would involve the sale of tickets, or an entry fee at the door, bringing food or alcohol to the location or any other activities outside of the operation of a restaurant.
  9. The applicant shall obtain the proper licensure for the sale of beer and wine on premises through the State of Florida.

 

MOTION:

If the Commission concurs with this request the following motion is in order:

 

“To approve the proposed Special Exception Use permit to allow the limited sale of beer and wine with meals (on premises only) as an accessory use in a restaurant with a freestanding bar at (Café Creole) in Plaza Central, a Community Business District (B-2).”