CITY OF NORTH LAUDERDALE

COMMUNITY DEVELOPMENT DEPARTMENT

TO: Mayor and City Commission

FROM: Ambreen Bhatty, City Manager

BY: Tammy Reed-Holguin, Community Development Director

DATE: January 12, 2010

SUBJECT: SEU 09-05 for Top Chef Restaurant

1401 S. State Road 7 Bays A1, A2 & A3 (Champion Square)

Special Exception Use request to permit limited sale of beer, wine and liquor as an accessory use in a restaurant with a freestanding bar in a General Business District (B-3).

APPLICANT: Vinnies’ Distributors

Vinnies’ Distributors, owner of Top Chef Restaurant, has applied for a Special Exception Use Permit (SEU) to allow the limited sale of beer, wine and liquor with meals 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 for the operation of a restaurant and has applied for a beer, wine and liquor license through the State.

The applicant is proposing to operate the business in Champion Square located at 1401 S. State Road 7 (Bay A1, A2 and A3). This particular bay in the shopping center was most recently occupied by Papas Place, which had a special exception use permit to sell beer and wine at a freestanding bar issued in 2008. 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 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 any alcoholic beverages as an accessory use to the primary use as a restaurant or café.

Top Chef 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, wine and liquor with meals at a freestanding bar. 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 the bay was recently vacated by the previous business and will now be occupied. 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 corridors, which will help to further the City’s objectives to redevelop 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 ordinance require 82 parking spaces for this restaurant. The center has 145 parking spaces; the United States Post Office has fenced all parking spaces to the rear of facilitate, which limits the number of spaces available for the other businesses. The applicant is proposing to operate from 11:00 A.M. to 2:00 A.M. Monday through Sunday. It should be noted that there are two churches and a day care center (with pick up hours) with similar hours of operation that may create a parking issue for the business.

Therefore the business may not be able to accommodate the anticipated effect on traffic generation, and parking demand caused by this use. It is incumbent on the applicant in coordination with the property owner to demonstrate that there is adequate parking for the business prior to further consideration of the request for the Special Exception Use permit.

The Planning and Zoning Board meeting was held on December 9, 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 in coordination with the property owner 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 and the recommendation of the Planning and Zoning Board, a motion is in order to approve the proposed SEU permit subject to the following conditions:

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.
That the applicant adheres to the hours of operation stated in the letter of intent and within which the sale of beer, wine and liquor is allowed on premises per Section 86-103 of the City Ordinances.
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.
Acknowledgement that other uses may be permitted in close proximity that may be objectionable to the sale of alcohol.
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 in coordination with the property owner shall make all improvements required to mitigate these nuisances so as not to negatively impact adjacent commercial and residential area.
Applicant shall obtain proper approvals such as Certificate of Occupancy and Local Business Tax Receipt from the City.
Approval of the SEU is for the operation of a restaurant with the ancillary sale of beer, wine and liquor 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.
The applicant shall obtain the proper licensure for the sale of beer, wine and liquor 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, wine and liquor (on premises only) as an accessory use in a restaurant with a freestanding bar at (Top Chef Restaurant) in Champion Square, a General Business District (B-3).