Peter Schwarz, AICP

Assistant Director

Brad Ostroff, Acting Director

Community & Economic Development

Issue Statement:  The applicant, DDB Investments, Inc., proposes renovations to an existing six-bay building, including adaptive reuse changes from office and warehouse uses to restaurant bar uses, requiring use approval. 

Recommended Action:  The Planning and Zoning Board consider the request for use approval in accordance with Section 24-276 in the Downtown Mixed Use District (DMUD) and make a recommendation to the City Commission.

Description: 

• Site: The site is a 12,194 square foot property (approximately 0.28 ac.) with 150 feet of frontage along NE 12 Avenue. The front area of the lot is covered by a paver courtyard which extends from the property line approximately 24 feet back to the face of the building. There are no side yard setbacks, as the building is flush with the neighboring building to the south and is situated on the north property line abutting NE 36 Street.  The rear of the lot is approximately 18’ deep and is utilized for perpendicular parking, accessed from the alley behind the property.
• Future Land Use: Local Activity Center (LAC):
• Zoning District: Downtown Mixed Use District, Park Place subarea. 
• Surrounding Uses:  The surrounding uses include City Hall to the north, commercial buildings to the south, city-owned public parking and the FEC Railroad corridor to the west, and residential uses to the east, across the alley. This property is in the Downtown Culinary Arts District.
• Neighborhood Participation Meeting: September 26, 2019

A new restaurant bar, Butcher Barrel, has been identified to occupy the two northernmost bays, at 3570 and 3580 NE 12 Avenue, and another restaurant will occupy 3560 NE 12 Avenue. The remaining three bays are being included for restaurant bar use approval and will be built-out after tenants for retail, restaurant, or restaurant bar uses are identified.

The applicant proposes to renovate the building to accommodate restaurant bar uses among other potential business types.  The renovation would include a new façade with new storefront doors and windows and roll-up garage style windows in the two northernmost bays for the proposed Butcher Barrel business. Additional exterior improvements include canopies and an improved courtyard area to accommodate outdoor dining with improved landscaping and grading. As noted earlier, the applicant is under contract with the Butcher Barrel to occupy the two northernmost bays, and the general site and interior layout for this portion of the building has been provided. The application shows the interior to have a 7-seat counter and seating for 34 customers at 8 tables. The interior would also include a retail area to purchase fresh meats, produce and fine groceries. The applicant proposes an additional outdoor seating in the front courtyard. 

Another restaurant will occupy the bay immediately adjacent to Butcher Barrel. The general interior layout for shows counter service and seating for eight to twelve customers. At the rear of the lot, there would be parking immediately behind the building. There is also a refuse area for the businesses located in this building.

Because this site is in the Downtown Mixed Use District, it requires Use Approval for restaurant bars.  The applicant has indicated that current plans for the proposed restaurant bars do not include operating past midnight. If these plans change in the future, the applicant would be required to 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 has 13 on-site parking spaces and requires a total of 23 spaces for the entire building. Although additional City-owned on-street parking is available directly in front of this building and along NE 12 Avenue, those spaces cannot be utilized in the calculations for required parking. The applicant has indicated that the 13 existing on-site parking spaces will be allocated to the three northernmost bays, Butcher Barrel and e other restaurant. As the remaining three bays are occupied, the applicant will be required to pay the Downtown Mobility Fee to fill those storefronts, in accordance with section 24-270(F), to address the deficiency of 10 parking spaces required by the Zoning Ordinance.

Zoning District Regulations

Section 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.

Section 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), 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)

Section 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.

(Ord. No. O-2004-030, § 2, 12-1-04; Ord. No. O-2012-012, § 4, 8-1-12; Ord. No. O-2017-014 , § 3, 10-18-17; Ord. No. O-2018-004 , § 2, 3-21-18)

Findings

The applicant proposes to renovate an older building and convert it into five separate spaces to potentially accommodate restaurant bars in the Culinary Arts District. The information provided indicates that the interior concept and exterior landscape treatments for the known tenants (Butcher Barrel and additional restaurant) are compatible and compliment the District. Because of the existing site configuration, a portion of the required parking (10 of the required 23 spaces) would not be provided on site, but the applicant has agreed to pay the Downtown Mobility Fee.  

The site is directly on Main Street / NE 12 Avenue, and the proposal to provide roll-up doors and a front dining courtyard is intended to attract foot traffic to the sidewalk to engage the street. There are residential uses one city block away to the east of the building. The applicant notes that the orientation of the building to the west, facing the FEC Railroad corridor and Dixie Highway ensures that ambient noise from the restaurant bar use will be minimized with regard to impacts to the existing residential uses to the east. The applicant has agreed that any music or entertainment will be kept at a level as to not be audible beyond the east property line.

The Planning and Zoning Board consider the request for use approval in accordance with Section 24-276 in the Downtown Mixed Use District (DMUD) and make a recommendation to the City Commission.