CITY OF NORTH LAUDERDALE

COMMUNITY DEVELOPMENT DEPARTMENT

 

TO:                             Mayor and City Commission

 

FROM:                       Richard D. Sala, City Manager

 

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

 

DATE:                        April 8, 2008

 

SUBJECT:                 SEU 08-01   Papas Place (Restaurant)

1401 S. State Road 7- Champion Square

 

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 General Business District (B-3).

 

APPLICANT: Donna Rowe

 

Donna Rowe, owner of Papas Place, has applied for a Special Exception Use Permit (SEU) 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 in a B-3 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, previously known as Occupational License, for the operation of a restaurant and has applied for a beer and wine license through the State.  This particular bay in the shopping center has been vacant for more than six months; therefore, a new business opening in this space must comply with all current zoning regulations.  The zoning regulations pertaining to the operation of a freestanding bar have been amended since the closure of the previous business to allow a freestanding bar as an ancillary use with the approval of a SEU.

 

The applicant is proposing to operate the business in Champion Square located at 1401 S. State Road 7 (Bay 6).  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 to obtain a SEU permit for each applicant for a beer and wine license or business transfer for such license in relation to a restaurant.  This was done to benefit the small restaurant owner 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.

 

Papa’s Café 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.  The shopping center 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.  The adequacy of the parking is contingent upon the mix of businesses and their peak hours of operation.

 

 

Economic Analysis

The economic impact would be beneficial to the City of North Lauderdale, since the bay has been vacant for more than a year. Furthermore, the restaurant would be a welcome addition by increasing the viability of the City to offer more sit-down family style restaurants along State Road 7 and  would help to further the City’s objectives of redeveloping the area.

 

Traffic/ Parking Analysis

This center was built to provide parking based on previous City codes. Article VI, Section 106-223 (17) of the current City Code of Ordinances requires 82 parking spaces for this restaurant based on 3,200 square feet of customer service area. The center has 177 parking spaces; the United States Post Office has fenced all parking spaces to the rear of its facility, which limits the number of spaces available for other businesses.  The applicant is proposing that their busiest hours of operation will be during the lunch and dinner hours. A field visit by staff found that according to the posted hours of operation, there are two churches and a day care center (with pick up hours) with similar hours of operation that may impact the availability of parking. The burden is on the applicant to demonstrate that there is adequate parking for the proposed business.

 

The Planning and Zoning Board meeting was held on April 1, 2008. Staff made a detailed presentation to advise everyone of the City’s effort and process in revising the use of freestanding bars within the City of North Lauderdale to further the City’s redevelopment. The floor was then open to the public. The applicant’s ability to facilitate the parking required by the Code was brought up for discussion. The applicant advised the board members that their observation has been that the busiest time in the plaza is Sunday morning until noon and they will not be open until 1:00 p.m.  The daycare and Pizza Hut are pick-up operations, not requiring long term parking.  Most other businesses are closed after 6:00 pm.  They suggested that if the issue should become a problem in the future, they have had preliminary discussions with the Mobil gas station at 1391 S State Road 7 across the street from Champion Square to provide valet parking. It was the consensus of the Planning and Zoning Board that due to the nature of other businesses and offset of peak hours of operation, the applicant adequately addressed the parking concern.  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 and residential area.”

 

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.
  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 business 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 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 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:

 

A motion  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 (Papas Place) in Champion Square, a General Business District (B-3).