Alex Dambach, AICP

Planning Supervisor

Peter Schwarz, AICP

Assistant Director

Engineering and Community Development

Jennifer Frastai, Director

Engineering and Community Development

Issue Statement:  The applicant, 3553, LLC and 3555, LLC, proposes to open a restaurant bar in a vacant storefront located at 3555 N. Dixie Highway.

As a separate item on this agenda, the applicant has submitted  a request for use approval for a bar to be located next door at 3553 N. Dixie Highway. 

The Planning and Zoning Board is to review this application for use approval in accordance with Section 24-276 of the Land Development Code. The Planning and Zoning Board is reviewing this application at its July 15, 2019 Public Hearing.

Recommended Action:  The City Commission consider the request for use approval in accordance with Section 24-276 in the Downtown Mixed-Use District (DMUD).

Description: 

• Site: The site is a 2,457 square foot property with 25.01 feet of frontage along N. Dixie Highway.  The front area of the lot is mostly covered by a 1,106 square-foot single-story building with side yard setbacks of 1-2 feet.  There is no front yard setback, but there is an angled alcove near the front entrance.  The rear of the lot is a 47’ deep open yard area.   
• Future Land Use: Local Activity Center (LAC)
• Zoning: Downtown Mixed Use District (DMUD) Park Place subarea. 
• Surrounding uses:  Vacant building to the north proposed to be used as a restaurant bar, commercial buildings to the south, the rear parking lot of the Chain Bridge Distillery and a city-owned public parking lot to the west, and the Florida East Coast Railroad tracks to be east, across the street.  This property is in the Downtown Culinary Arts District. 

The applicant proposes to renovate the building and operate a restaurant bar.  The renovation would include a new façade with openable front windows.  The applicant has provided photographs of similar establishments as the one proposed showing interiors with wood and brass finishes, exposed beams, and accent lighting.  The applicant is seeking a restaurant operator to rent the space and run the business, but the general site and interior layout has been provided for this use approval review.  The application shows the interior to have a 13-seat counter and eleven additional tables.  The rear yard would also contain outdoor seating.  At the rear of the lot, there would be a gate leading to the public parking lot immediately behind this site that has access from NE 11^th Avenue.  There is also a refuse area for this business and one for the adjacent lot to the south at the rear of this site.  The applicant would use that public parking lot for refuse collection access and for connection of any needed new utilities. 

Since this site is within the Downtown Mixed Use District, it requires Use Approval.  If approved, the applicant must then apply for a separate administrative approval for an ‘after midnight permit’ for businesses that sell alcohol between midnight and 2 AM (3 AM on Sunday mornings).  After midnight permits are subject to annual review and require evaluation by City staff and the Broward Sheriff’s Office. 

This property does not have any on-site parking, and its rear yard area has no access to the street and, thus, cannot be used for parking.  The applicant is to pay the Downtown Mobility Fee, in accordance with section 24-270(F), for not being able to provide the 4 parking spaces required by the Zoning Ordinance.  The applicant has indicated that staff and patrons would use the public parking lots located at 3564 NE 11^th Avenue, immediately behind this site, and at 3300 NE 11^th Avenue as well as public parking along nearby streets.

A review of the surrounding area indicates that there are 82 public parking spaces within close proximity to the subject site, including 9 spaces along the east side of Dixie Highway across from the subject site, 9 spaces at a city-owned parking lot directly behind the subject site to the west, 22 spaces at the city-owned parking lot at NE 34 St, 5 spaces along NE 34 Street between NE 11 Avenue and Dixie Highway, 7 spaces along NE 35 Street between NE 11 Avenue and Dixie Highway, 8 spaces along NE 36 Street between NE 11 Avenue and Dixie Highway, and 11 spaces along NE 37 Street between NE 11 Avenue and Dixie Highway.

Applicable City Land Development Code

Zoning District Regulations

            § 3-1(j) Definitions:

"Restaurant bar" means a bar and any delineated area associated with such bar which is operated in connection with a restaurant and by the same management, where the principal business is the serving of full course meals and where meals are actually and regularly served. The gross floor area of such "restaurant bar" shall not exceed twenty-five (25) percent of the total customer service area of the premises. The "restaurant bar" must be directly connected with the dining room. The sale of beers, wines and liquors shall be strictly incidental to the serving of food. The sale of beers, wines and liquors shall be prohibited except during the time the restaurant is actually engaged in and open to the public for the serving of full course meals. No sign of any character shall be displayed on or in the restaurant or bar to the outside denoting that alcoholic beverages are sold therein. Restaurants which do not contain a bar, and which offer alcoholic beverages for sale on premises to be consumed only in a dining area shall not be construed to be a restaurant bar.

§ 24-276. - Interim regulations—Adaptive re-use incentive program.

(A) Purpose and intent. These interim regulations are intended to be administered efficiently, readily accomplished, and to provide a predictable outcome to the applicant, even to the extent that permit applications and business tax receipt applications should be submitted concurrently with a request for site development approval. At the same time, the regulations shall be administered in a manner that results in aesthetically pleasing redevelopment, re-use of properties and existing buildings and increases employment opportunities by established professional offices, restaurants, bars, cafes and other businesses pursuant to subsection (C) of this section. Notwithstanding section 24-267, compliance with applicable downtown mixed-use district ordinance and design guidelines—at a minimum, repair of exterior damage, landscaping and re-painting—is required.

(B) Applicability. The adaptive re-use incentive program is hereby created and shall apply to all properties located within the downtown mixed-use district.

(C) The following uses shall be eligible to participate in the program subject to conformance with the downtown mixed-use district master business list. and providing the business owner demonstrates a track record of operating a successful business:

(a)    Art gallery, retail;

(b)    Artisan/craftsman workshop;

(c)    Artist's studio;

(d)    Bar/nightclub (subject to use approval provisions and review procedures);

(e)    Coffeehouse;

(f)     Delicatessen;

(g)    Dinner theatre;

(h)    Financial institution;

(i)     Grocery store, maximum floor area of forty thousand (40,000) square feet of gross floor area;

(j) Internet café;

(k)    Ice cream parlor;

(l) Photograph gallery or studio;

(m)   Photographer, commercial;

(n)    Professional office;

(o)    Real estate office;

(p)    Restaurant;

(q)    Retail bakery;

(r)    Retail sales, boutique or store only, less than ten thousand (10,000) square feet of gross floor area, without a drive-through facility;

(s)    Theater (single room);

(t)    Similar uses which meet the intent of these interim regulations as determined exclusively by the city commission.

(D) Waiver of fees. Upon a showing of good cause, the city manager may consider the waiver of one (1) or more of the following fees for qualifying businesses enumerated under subsection (A) above, which are determined to establish a positive standard for developments within the downtown mixed use district leading to improved aesthetics in the district and the elimination of blight and underutilized properties:

(1) Landscaping code adjustments subsections 24-105(C)(1), (2), (3) and DMUD landscape design guidelines;

(2) Park and open space fee;

(3) Local transportation fee;

(4) Development review fee.

(E) Procedure for filing and processing an application.

(1) Pre-application meeting with staff required prior to formal submittal.

(2) Payment of applicable fees and formal application submittal.

(3) Submittal of building permit application and plans and business tax receipt applications at the time of site plan approval is advised and encouraged for an expedited review.

(4) Applications shall be accompanied by, but not limited to, appropriate property surveys, site and landscape plans, floor plans, architectural elevations prepared by design professionals.

(5) Applications may be submitted up to five (5) business days prior to a regularly scheduled development review committee meeting.

(6) Required applicant response. The applicant shall submit a revised plan in response to development review committee comments within thirty (30) days of the development review committee meeting or the application shall be deemed to be withdrawn. A second DRC meeting shall be conducted if necessary to determine compliance with applicable land development code regulations.

(7) Submission of a final set of plans or drawings and documents for final sign off review and approval.

(F) Final approval by the development review committee. Upon a finding by the development review committee that the application complies with applicable land development code requirements, a letter of approval shall be forwarded to the applicant. Site development approval shall expire after twelve (12) months unless a building permit incorporating all DRC conditions is issued by the building division.

(G) Temporary parking lot standards. The city commission may consider, on a case by case basis, conditional use approval in the north end urban residential, civic use and residential office buffer for temporary parking lots on properties currently located within the downtown mixed use district which are:

(1) Situated and proposed to be screened by fences and landscaping so as not to negatively impact residentially zoned properties;

(2) Are in compliance with DMUD design guidelines for parking lot landscaping; and

(3) Shall include restrictive covenants establishing a maximum period of time for the use of the temporary parking lot and that the lot shall be used only as parking lots or as any permitted sub-area use.

(Ord. No. O-2010-002, § 3, 2-3-10; Ord. No. O-2018-004 , § 3, 3-21-18)

§ 24-270. - Parking.

 (F) Downtown mobility fee of on-site parking. From the effective date of this article, the city hereby establishes a downtown mobility fee which amount shall be established by resolution of the city commission for every parking space required but not provided.

(1) The fee to be paid (the "downtown mobility fee") shall be a one-time fee per space for each parking space required.

(2) The fee shall be paid in accordance with the procedure established from time to time by the city commission.

(3) All downtown mobility fees collected by the city, and all interest earned thereon, shall be placed in a special fund established by the city commission and shall be used solely for the acquisition of land for, development of, and maintenance of public parking facilities, parking management systems, multi-modal transportation alternatives, and parking capacity evaluation and monitoring in and/or directly serving the district.

(4) The city may adopt, by resolution, incentives, or other programs, which may mitigate the cost of the mobility fees as it relates to parking and mobility and provide for any enforcement procedures.

Findings

The applicant proposes to renovate an older building and convert it into a restaurant bar in the Culinary Arts District.  The information provided indicates the interior decoration and lighting are fitting with the intentions of the district’s master plan.  Because of the existing site configuration, parking would not be provided on site, but the applicant has agreed to pay the Downtown Mobility Fee. 

The site is directly on Dixie Highway, and the proposal to provide retractable  sliding windows in front, intended to help add foot traffic to the sidewalk along that street.  There are residential uses about one-half block to the west of the rear yard, approximately 150 feet away.  The applicant proposes to not have music or entertainment in the rear yard be audible at or beyond the property line to help mitigate the possibility of noise emanating from that area.   

Staff recommends that the applicant be required to pay the Downtown Mobility Fee for four parking spaces.  The mobility fee is $7,000 per parking space required.  The applicant would be required to pay $28,000.  These fees can either be paid in full or be amortized over a period not to exceed nine years.

The City Commission consider the request for use approval in accordance with Section 24-276 in the Downtown Mixed-Use District (DMUD).