FLD2009-02005 - 490 Mandalay Ave - Havana Exclusive Cigars - March 17, 2009FLD2009-02005
490 MANDALAY AVE 8&9
HAVANA EXCLUSIVE CIGARS
PLANNER OF RECORD: R -T
ATLAS # 267A
ZONING: T
LAND USE: RFH
RECEIVED: 02/03/2009
INCOMPLETE:
COMPLETE:
MAPS:
PHOTOS:
STAFF REPORT:
DRC:
CDB:
CLW CoverSheet
G
4
ater Planning. Department
100 South Myrtle Avenue
' Clearwater,. Florida 33756
Telephone: 727-562-4567
Fax: 727-562-4865
? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
? SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION -Plans and
application are required to be collated, stapled, and folded into sets
? SUBMIT FIRE PRELIMARY SITE PLAN: $200.00
? SUBMIT APPLICATION FEE
(
490 MANDALAY AVE 8&9
FLD2009-02005
HAVANA EXCLUSIVE CIGARS
Zoning: T atlas# 267A
ORIGINAL
RECENM
_19
* NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS)
OF CLEARINA
FLEXIBLE DEVELOPMENT APPLICATION
Comprehensive Infill Redevelopment Project
(Revised 07/11/2008)
--PLEASE TYPE OR PRINT
A. APPLICANT, PROF
APPLICANT NAME:
MAILING ADDRESS:
PHONE NUMBER-
CELL NUMBER
PROPERTY OWNER(S):
List ALL owners on the deed
AGENT NAME:
MAILING ADDRESS:
PHONE NUMBER:
CELL NUMBER:
,ERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A)
L; . - r ?.
f
-7nZ 7 at" f4
9/ 7 6,412 -5 FAX NUMBED:
EMAIL: L>?S7Ef tQ_vIZ zap' ?c??j ??ccr _
e .L n
FAX NUMBER:
EMAIL:
B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A)
PROJECT NAME:. lSPROJECT VALUATION: $
- -- T r
STREET ADDRESS o - A'1A,17 112 44
PARCEL NUMBER(S): / 7 Q
PARCEL SIZE (acres): PARCEL SIZE (square feet):
LEGAL DESCRIPTION: 1,-A< -S7 S 9'- Sq
,a5
.0 A)
PROPOSED USE(S): I i91 g,(y-??i
DESCRIPTION OF REQUEST: a
Specifically identify the request 10
(include number of units or square
footage of non-residential use and all
requested code deviations; e.g.
reduction in required number of
parking spaces, specific use, etc.)
i11
SAPlanning Department\Application Forms\Development Review\2008 Forms\Comprehensive Infill Project (FLD) 2008 07-11.doc
Page 1 of 8
DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (fDR), A PREVIOUSLY APPROVED PLANNED UNI
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO _Jf o" (if yes, attach a copy of the applicable documents)
C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5)
W( SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see
page 7)
D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A)
? Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA-- Explain how each criteria is achieved, in detail:
1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it
is located. cc __
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2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly
impair the value thereof.
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3. The proposed development will not adversely affect the health or safety of persons residing or working/in the neighborhood of the proposed use.
designed to minimize traffic congestion.
' 4. The proposed development is ,
5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development.
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6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on
adjacent properties.
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ORIGINAL
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Page 2 of 8
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4.
iTTEN SUBMITTAL. REQUIREMENTS: (Comprehensive Infill Redevelopment Project Criteria)
Provide complete responses to the six (6) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA - Explain how each criteria is
achieved, in detail:
The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in thin
zoning district.
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The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the genera
purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district
The development or redevelopment will not impede the normal and orderly development and improvement of surro nding properties.
71492 o,-e- 'r / deVe?e,h?
Adjoining properties will not suffer substantial detriment as a result of the proposed development. /
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The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will no
substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the followinc
objectives:
a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use;
b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creatinc
jobs;
C. T he development proposal accommodates the expansion or redevelopment of an existing economic contributor;
d. The proposed use provides for the provision of affordable housing;
e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where
land use plan amendment and rezoning would result in a spot land use or zoning designation; or
f. The proposed use provides for the development of a new and/or preservation of a working waterfront use.
Q S e
Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all o
the following design objectives:
a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for use:
permitted in this zoning district;
b. The proposed development complies with applicable design guidelines adopted by the City;
c. The design, scale and intensity of the proposed development supports the established or emerging character of an area;
d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number c
the following design elements:
? Changes in horizontal building planes;
? Use of architectural details such as columns, comices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.;
? Variety in materials, colors and textures;
U Distinctive fenestration patterns;
? Building stepbacks; and
? Distinctive roofs forms.
e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildi
URI?aIflAl
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19
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E. `STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria
Manual and 4-202.A.21)
? A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition
or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with the City of
Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement.
? If a plan is not required, the narrative shall provide an explanation as to why the site is exempt.
? At a minimum, the STORMWATER PLAN shall include the following;
? Existing topography extending 50 feet beyond all property lines;
? Proposed grading including finished floor elevations of all structures;
? All adjacent streets and municipal storm systems;
? Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure;
? A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with
the City manual.
? Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure;
? Signature and seal of Florida Registered Professional Engineer on all plans and calculations.
? COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT
SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable
? ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following):
Stormwater plan as noted above is included
Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor
elevations shall be provided.
CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN
AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY
MAY OCCUR.
If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750.
F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A)
N SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 copies;
? TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location,
including drip lines and indicating trees to be removed) - please design around the existing trees;
? TREE INVENTORY; prepared by a "certified arborist", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of
such trees;
? LOCATION MAP OF THE PROPERTY;
? PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces).
Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and
shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not
deviations to the parking standards are approved;
? GRADING PLAN, as applicable;
? PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided);
Q COPY OF RECORDED PLAT, as applicable;
®RIGIML
OCEND
FEB 0 2 L009
PLAN VENT
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G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
1A SITE PLAN with the following information (not to exceed 24" x 36'):
Index sheet referencing individual sheets included in package;
r/ North arrow;
Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared;
1/ All dimensions;
/ Footprint and size of all EXISTING buildings and structures;
r/ Footprint and size of all PROPOSED buildings and structures;
All required setbacks;
All existing and proposed points of access;
All required sight triangles;
/ Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including
description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements;
Location of all street rights-of-way within and adjacent to the site;
Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas
? and water lines;
All parking spaces, driveways, loading areas and vehicular use areas;
Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening
{per Section 3-201(D)(i) and Index #701);
Location of all landscape material;
Location of all onsite and offsite storm-water management facilities;
f Location of all outdoor lighting fixtures;
Location of all existing and proposed sidewalks; and
Floor plan typicals of buildings for all Level Two approvals. A floor plan of each floor is required for any parking garage requiring a
Level Two approval.
W SITE DATA TABLE for existing, required, and proposed development, in written/tabular form:
Land area in square feet and acres;
Number of EXISTING dwelling units;
Number of PROPOSED dwelling units;
Gross floor area devoted to each use;
Parking spaces: total number, presented in tabular form with the
number of required spaces;
Total paved area, including all paved parking spaces & driveways,
expressed in square feet & percentage of the paved vehicular area:
Official records book and page numbers of all existing utility
easement;
T Building and structure heights;
Impermeable surface ratio (I.S.R.); and
Floor area ratio (F.A.R.) for all nonresidential uses.
EXISTING REQUIRED PROPOSED
(A REDUCED COLOR SITE PLAN to scale (8'/z X 11);
0 FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan:
One-foot contours or spot elevations on site;
Offsite elevations if required to evaluate the proposed stormwater management for the parcel;
All open space areas;
Location of all earth or water retaining walls and earth berms;
Lot lines and building lines (dimensioned); MGM
Streets and drives (dimensioned); RI*ENED
Building and structural setbacks (dimensioned);
Structural overhangs; FEB o s09
CNYO OF
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H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A)
? LANDSCAPE PLAN with the following information (not to exceed 24"x 36"):
All existing and proposed structures;
Names of abutting streets;
Drainage and retention areas including swales, side slopes and bottom elevations;
Delineation and dimensions of all required perimeter landscape buffers;
Sight visibility triangles;
Delineation and dimensions of all parking areas including landscaping islands and curbing;
Existing trees on-site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required
tree survey);
Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant
schedule;
Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all
existing and proposed landscape materials, including botanical and common names;
Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and
protective measures;
Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and
percentage covered;
Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board);
Irrigation notes.
? REDUCED COLOR LANDSCAPE PLAN to scale (8 Y2 X 11);
? COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape
Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met.
1. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23)
? BUILDING ELEVATION DRAWINGS --with the following information: A0405
All sides of all buildings
Dimensioned
Colors (provide one full sized set of colored elevations)
Materials
? REDUCED BUILDING ELEVATIONS -same as above to scale on 8 A X 11
J. SIGNAGE: (Division 19. SIGNS / Section 3-1806)
? All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be
removed or to remain.
? All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing;
freestanding signs shall include the street address (numerals)
? Comprehensive Sign Program application, as applicable (separate application and fee required).
? Reduced signage proposal (8 Ys X 11) (color), if submitting Comprehensive Sign Program application.
OPIGIML
RICE"D
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K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C)
? Include if required by the Traffic Operations Manager or his/her designee or if the proposed development:
• Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan.
• Will generate 100 or more new vehicle directional trips per hour and/or 1000 or more new vehicle trips per day.
• Will affect a nearby roadway segment and/or intersection with five (5) reportable accidents within the prior twelve (12) month period or
that is on the City's annual list of most hazardous intersections.
Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual.
The Traffic Impact Study must be prepared in accordance with a "Scoping Meeting" held with the Traffic Operations Manager and the
Planning Department's Development Review Manager or their designee (727-562-4750)
Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement.
? Acknowledgement of traffic impact study requirements (Applicant must initial one of the following):
Traffic Impact Study is included. The study must include a summary table of pre- and post-development levels of service for all
roadway legs and each turning movement at all intersections identified in the Scoping Meeting.
L ( Traffic Impact Study is not required.
CAUTION -- IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT
STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND
SIGNIFICANT DELAY MAY OCCUR.
If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-
4750.
L. FIRE FLOW CALCULATIONS/ WATER STUDY:
Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if
any upgrades are required by the developer due to the impact of this project. The water supply must be able to support the needs of any required fire
sprinkler, standpipe and/or fire pump. If a fire pump is required the water supply must be able to supply 150% of its rated capacity. Compliance with
ine 1-104 Florida Fire Prevention Code to include NFPA 13, MFPA 114, NFPA 20, FIFPA 291, and MFPA 1142 (Annex lH) is required.
? Acknowledgement of fire flow calculations/water study requirements (Applicant must initial one of the following):
Fire Flow Calculations/Water Study is included.
Fire Flow Calculations/Water Study is not required.
ORiG)NA
REC-Fivrw
CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW,9
CALCULATIONS/ WATER STUDY AND NONE HAS BEEN SUBMITTED, APPLICATIOV(PVMIIV@E
RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. Q?®F C11=Af7,
If you have questions regarding these requirements, contact the City Fire Prevention Department at (727) 562-4334.
M. SIGNATURE:
I, the undersigned cknowledge that all representations made
In this application a true and accurate to the best of my
knowledge and a t orize City representatives to visit and
Photogr h the p o erty descri ed in this application.
STATE OF FLORIDA, COUNTY OF PINALLAS
Sw n to and subscribed before me this day of
1 IN , A.D. 20 Q to me and/or by
rc Q /1 r , who is personally known has
produced r iii-,-X
as identification.
pr .
Signature f grope owner or representative N ary public,
My commission expires: 9111111111111111 E STEM
NO" Is
• Mly Comm. ? Avg 26, 2012
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N. AFFIDAVIT TO AUTHORIZE AGENT:
1. Provide names of all property owners on deed - PRINT full names:
J c c a / !
2. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location):
3. That this property constitutes the prop6rty for which a request for a: (describe request)
4. That the undersigned (has/have) appointed and (doesido) appoint:
..............._...... ._..............,.._.._..
L.1 ?5...> ../•...••••.••.........C2` ^ ............ .. ._.? (?.._..._......... ......... _ ................. - ......_..._.................................. -----...... ..................
as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition;
5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property;
6. That sit visits the property are necessary by City representatives in order to process this application and the owner authorizes City
eprese ative visit and hotograph the property described in this application;
7. Th (11 the dersign auth ity, hereby certify that the foregoing is true and correct.
pe ner operty Owner
???-- Propr --/-Property Owner
STATE OF FLORIDA,
COUNTY OF PINELLAS
fore me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this 1/ day of
personally appeared / U who having been first duly sworn
Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. F,4- r? ?-Zd [D Z r`
Notary
Notary Public Signat re
My Commission Expires: 7-t) U
old
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Page 8 of 8
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CDB Meeting Date: March 17, 2008
Case Number: FLD2009-02005
Agenda Item: D. L
Owner: Mary G. Realty, Inc.
Applicant: Lisset H. Diego
Address: 490 Mandalay Avenue, Suites 8 & 9
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Flexible Development approval to permit a change of use from retail
sales and services to nightclub within the Tourist (T) District within an
existing 6,254 square foot shopping center with 26 off-street parking
spaces and no changes to the building or structure setbacks, as a
Comprehensive Infill Redevelopment Project, under the provisions of
Community Development Code Section 2-803.C.
CURRENT ZONING:
CURRENT FUTURE
LAND USE CATEGORY:
PROPERTY USE:
EXISTING
SURROUNDING
ZONING AND USES:
Tourist (T) District
Resort Facilities High (RFH)
Current Use: Retail Sales and Services
Proposed Use: Retail Sales and Services / Nightclub
North: Tourist (T) District
South: Tourist (T) District
East: Tourist (T) District
West: Tourist (T) District
Overnight Accommodations
Attached Dwellings; and
Retail Sales and Services
Retail Sales and Services; and
Restaurants
Attached Dwellings
ANALYSIS:
Site Location and Existing Conditions:
The 0.40-acre subject property is located at the southwest corner of Mandalay Avenue and Baymont
Street, which is within the "Destination Resort" District of Beach by Design. The site is currently
developed with a 6,254 square foot shopping center that is divided into five tenant spaces, as well as a
26-space off-street parking area. It is noted that both the building and the off-street parking area are
nonconforming with regard to the minimum required setbacks; however the site does currently meet all
other development standards.
Development Proposal:
On February 2, 2009, a Comprehensive Infill Redevelopment Project application was submitted for the
subject property. The application proposes to establish a nightclub use within an existing 720 square foot
tenant space where there is presently a retail sales and services use. It should be noted that while the
proposed use is technically described as a nightclub, the actual function of the proposed use would be
more consistent with that of a cigar bar.
Community Development Board - March 17, 2009
FLD2009-02005 -Page 1
The existing shopping center building and off-street parking area will remain unchanged. Therefore, as
there will be no building additions or modifications to these existing site improvements, there will be no
impact upon the F.A.R., I.S.R., minimum lot area/size, maximum building height, and minimum setback
development standards. The development proposal's compliance with those remaining applicable
development standards of the Community Development Code (CDC) is discussed below.
Minimum Off-Street_Parkin: The existing shopping center has a total of 26 off-street parking spaces and
is comprised of two restaurants, two retail sales and services uses, and one office. The following table
depicts these existing uses, the standard off-street parking requirements, and the proposed use with a
revised total off-street parking requirement.
Required Off Street
Tenant Space Use Square Footage Parkin
Clear Sky Beachside Cafe 1-6 Restaurant 3,36234 50.43
Gelato Bello 7 Restaurant 745 11.17
Retail Sales 733.33 3.66
Havana Exclusive Cigars 8 and 9 Nightclub 733.33 7.33
Key West Express 10 and 11 Retail Sales 973.33 4.86
Realty Resources 12 Office 440 1.76
EXISTING TOTAL: 71.88 (72)
PROPOSED TOTAL: 75.55 (76)
As per the above, the shopping center as a whole is presently nonconforming with respect to the
provision of off-street parking. Based upon the standard off-street parking rates, a total of 76 spaces are
needed for those uses currently established on-site - 50 more than presently exist. As nightclubs are
required to provide 10 spaces per 1,000 square feet of gross floor area (retail sales and services uses are
only required 511,000), the proposed change of use for the 733 square foot tenant space would increase
this nonconformity by an additional four (4) spaces.
It is noted, however, that pursuant to CDC Section 3-1405, when any land, building or area is used for
two or more uses that are listed in the shared parking table, the minimum number of required parking
spaces shall be determined by multiplying the individual minimum parking requirements by the
appropriate percentages listed in the table. The following table depicts the off-street parking requirement
for the proposal as per the above:
WEEKDAY WEEKEND
Use: Midnight 9 A.M. 6 P.M. 9 A.M. 6 P.M.
6 A.M 4 P.M. Midnight 4 P.M. Midnight
Office (1.76) 5% = 0.088 100% = 1.76 10% = 0.176 10% = 0.176 5% = 0.088
Retail (4.86) 5% = 0.243 70% = 1402 90% = 4.374 100% = 4.86 70% 3.402
Restaurant (61.6) 10% = 6.16 50% = 30.8 100% = 61.6 50% = 30.8 100% = 61.6
Restaurant (7.33) ` 10% = 0.733 50% = 3.665 100% = 7.33 50% = 3.665 100% = 7.33
Totals: 7.224 39.627 73.48 39.501 72.42
The shared parking table does not specifically identify a category for the nightclub use. As such, the restaurant category is used for
nightclubs due to their similar hours of operation impacts on off-street parking.
Based upon the above table, the subject property would require a minimum of 73 off-street parking
spaces with the proposed change of use to establish the nightclub. However, as it was previously noted,
only 26 off-street parking spaces presently exist on the subject property and no additional off-street
parking is proposed as part of this application and the addition of any further off-street parking would not
be possible given the existing on-site improvements.
Community Development Board --- March 17, 2009
FLD2009-02005 - Page 2
t
As such, it is requested that the additional off-street parking requirements for the proposed nightclub be
waived. It should be noted that the proposed nightclub is not intended to be a nightclub in the traditional
sense, but instead more of a cigar bar. As such, the demand for off-street parking should not be as
intense as it would be for a traditional nightclub and will not likely result in an intensification from the
existing retail sales and services use.
Comprehensive Infill Redevelopment Project Criteria: Pursuant to CDC Section 2-803, the uses allowed
within the Tourist (T) District are subject to the standards and criteria set forth in this Section. Among
those criteria established for the review of Comprehensive Infill Redevelopment Projects is the
following:
6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified
based on demonstrated compliance with all of the following design objectives:
a. The proposed development will not impede the normal and orderly development and
improvement of the surrounding properties for uses permitted in this zoning district;
b. The proposed development complies with applicable design guidelines adopted by the City;
c. The design, scale and intensity of the proposed development supports the established or
emerging character of an area;
d. In order to form a cohesive, visually interesting and attractive appearance, the proposed
development incorporates a substantial number of the following design elements:
o Changes in horizontal building planes;
Q Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos,
balconies, railings, awnings, etc.;
? Variety in materials, colors and textures;
Q Distinctive fenestration patterns;
0 Building stepbacks; and
? Distinctive roofs forms.
The proposed development provides for wnnrnrnrintf- b11ff-rq anhanrerl landznapi-. rjP.ciorn and
appropriate distances between buildings.
As previously noted, the proposal does not contain any changes to either the existing shopping center
building or the off-street parking area, and while the proposal will meet some of the above criteria, it
cannot meet others without being required to modify the existing architectural elevations of the shopping
center. However, to require such changes simply to accommodate a proposed change of use for an
existing tenant space would be impractical and inappropriate.
Community Development Board - March 17, 2009
FLD2009-02005 --- Page 3
COMPLIANCE WITH STANDARDS AND CRITERIA:
The following table depicts the consistency of the development proposal with the standards and criteria
as per CDC Sections 2-801.1 and 2-803:
Standard Existing / Proposed Consistent Inconsistent
F.A.R. 1.0 0.62 X 1
I.S.R. 0.95 0.90 X'
Minimum Lot Area 5,000 - 10,000 square feet 17,457 square feet X1
Minimum Lot Width 50 - 100 feet Mandalay Avenue: 180 feet X1
Baymont Street: 100 feet
Maximum Building Height 25 - 50 feet 12 feet X'
Minimum Setbacks Front: 15 feet North: 14.9 feet (to building) X1
Zero feet (to pavement)
East: 51.7 feet (to building) X1
Zero feet (to pavement)
Side: 10 feet South: 4.2 feet (to building) X1
4.2 feet (to pavement)
Rear: 20 feet West: 3.1 feet (to building) X1
Zero feet (to pavement)
Minimum Off-Street 73 parking spaces 26 parking spaces Xz
Parkin (per shared arkin table) I
Figures reflect existing conditions on site that are not being altered or approved by the proposed application.
See above discussion with regard to Minimum Off-Street Parking.
Community Development Board - March 17, 2009
FLD2009-02005 - Page 4
COMPLIANCE WITH FLEXIBILITY CRITERIA:
The following table depicts the consistency of the development proposal with the Flexibility criteria as
per CDC Section 2-803.C (Comprehensive Infill Redevelopment Project):
Consistent Inconsistent
1. The development or redevelopment is otherwise impractical without deviations from X
the use and/or development standards set forth in this zoning district.
2. The development or redevelopment will be consistent with the goals and policies of X
the Comprehensive Plan, as well as with the general purpose, intent and basic
planning objectives of this Code, and with the intent and purpose of this zoning
district.
1 The development or redevelopment will not impede the normal and orderly X
development and improvement of surrounding properties.
4. Adjoining properties will not suffer substantial detriment as a result of the proposed X
development
5. The proposed use shall otherwise be permitted by the underlying future land use X
category, be compatible with adjacent land uses, will not substantially alter the
essential use characteristics of the neighborhood; and shall demonstrate compliance
with one or more of the following objectives:
a. The proposed use is permitted in this zoning district as a minimum standard,
flexible standard or flexible development use;
b. The proposed use would be a significant economic contributor to the City's
economic base by diversifying the local economy or by creating jobs;
c. The development proposal accommodates the expansion or redevelopment of an
existing economic contributor;
d. The proposed use provides for the provision of affordable housing;
e. The proposed use provides for development or redevelopment in an area that is
characterized by other similar development and where a land use plan amendment
and rezoning would result in a spot land use or zoning designation; or
f The proposed use provides for the development of a new and/or preservation of a
working waterfront use.
6. Flexibility with regard to use, lot width, required setbacks, height and off-street X
parking are justified based on demonstrated compliance with all of the following
design objectives:
a. The proposed development will not impede the normal and orderly development
and improvement of the surrounding properties for uses permitted in this zoning
district;
b. The proposed development complies with applicable design guidelines adopted
by the City;
c. The design, scale and intensity of the proposed development supports the
established or emerging character of an area;
d. In order to form a cohesive, visually interesting and attractive appearance, the
proposed development incorporates a substantial number of the following design
elements:
? Changes in horizontal building planes;
? Use of architectural details such as columns, cornices, stringcourses, pilasters,
porticos, balconies, railings, awnings, etc.;
El Variety in materials, colors and textures;
D Distinctive fenestration patterns;
Ct Building stepbacks; and
? Distinctive roofs forms.
e. The proposed development provides for appropriate buffers, enhanced landscape
design and appropriate distances between buildings.
See above discussion with regard to Comprehensive lnfll Redevelopment Project Criteria.
Community Development Board - March 17, 2009
FLD2009-02005 - Page 5
r
COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS:
The following table depicts the consistency of the development proposal with the General Standards for
Level Two Approvals as per CDC Section 3-913.A:
Consistent I Inconsistent
1. The proposed development of the land will be in harmony with the scale, bulk, X
coverage, density and character of adjacent properties in which it is located-
2. The proposed development will not hinder or discourage development and use of X
adjacent land and buildings or significantly impair the value thereof.
3. The proposed development will not adversely affect the health or safety of persons X
residing or working in the neighborhood.
4_ The proposed development is designed to minimize traffic congestion. X
5. The proposed development is consistent with the community character of the X
immediate vicinity.
6. The design of the proposed development minimizes adverse effects, including X
visual, acoustic and olfactory and hours of operation impacts on adjacent properties.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials at its
meeting of March 5, 2009, and deemed the development proposal to be legally sufficient to move
forward to the Community Development Board (CDB).
Findings of Fact. The Planning Department, having reviewed all evidence submitted by the applicant and
requirements of the Community Development Code, finds that there is substantial competent evidence to
support the following findings of fact:
1. That the 0.4 acre subject property is located at the southwest corner of Mandalay Avenue and
Baymont Street;
mi__.. i Y_?,. 1._.,?+_.] '4L_? 4L ._ T..il /T\ 1-1 ,. .7 L1 c,,.+ +L.. + L',.,.+; L7;..7.
2. fid-t UIG SuUJC'+L+1 property 1.7 located W1111111 Ule 1VU11.7t `1) L1LL l anu Llll.. RL.sV1L 1"PL+111L1L.J 11111
(RFH) Future Land Use Plan category;
3. That the subject property is located within the special area redevelopment plan, Beach by Design, as
part of the "Destination Resort" district;
4. That the subject property is presently nonconforming with respect to the provision of an adequate
number of off-street parking spaces;
5. That the subject property is presently nonconforming with respect to the existing shopping center
building and off-street parking area not meeting the minimum required setbacks;
6. That the proposal consists only of a change of use from retail sales and services to nightclub within
an existing shopping center building;
T That the proposal has no impact upon the following development standards: F.A.R., I.S.R., minimum
lot area/size and maximum building height, as they presently exist;
8. That the proposed will not exacerbate the existing nonconforming setbacks for the shopping center
building or the off-street parking area; and
9. That the subject property is developed with a total of 26 off-street parking spaces, which does not
meet the minimum off-street parking requirement for the property as currently occupied, and with the
proposed change of use this nonconformity would be increased.
Conclusions of Law. The Planning Department, having made the above findings of fact, reaches the
following conclusions of law:
1. That the development proposal has been found to be in compliance with the applicable Standards and
Criteria as per CDC Sections 2-801.1 and 2-803;
Community Development Board - March 17, 2009
FLD2009-02005 - Page 6
2. That the development proposal has been found to be in compliance with the Flexibility criteria for a
Comprehensive Znfill Redevelopment Project as per CDC Section 2-803.C; and
3. That the development proposal has been found to be in compliance with the General Standards for
Level Two Approvals as per CDC Section 3-913.A.
Based upon the above and subject to the attached conditions, the Planning Department recommends
APPROVAL of the Flexible Development approval to permit a change of use from retail sales and
services to nightclub within the Tourist (T) District within an existing 6,254 square foot shopping center
with 26 off-street parking spaces and no changes to the building or structure setbacks, as a
Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code
Section 2-803.C, with the following conditions: -
Conditions of Approval:
1. That prior to the issuance of any building permits, any outstanding comments of the Fire Department
shall be addressed;
2. That this use (cigar bar) be limited to this tenant space only, and that any desired relocation within
this shopping center or enlargement of floor area shall require a new application for re-review by the
CDB;
3. That on-premise consumption of alcoholic beverages be limited to beer and wine (2-COP) and there
be no package sales in sealed containers of liquor;
4. That there shall be no enticing alcoholic drink specials, such as, but not limited to, ladies night, sink
or swim, or quarter beer night;
5. That there be no music played loud enough to impede low decibel conversation; and
6. That there shall be no amplified music or microphone usage.
9
Prepared by Planning Department Staff: `
Robert G. Tefft, Development Review Manager
ATTACHMENTS: Location Map; Aerial Map; Zoning Map; Existing Surrounding Uses Map; and Photographs of Site and Vicinity
S: (Planning DepartmentIC D BIFLBX (FLD)IPending cases)Up for the next CDBIMandalay 0490 Havana Cigars (T) 2009.03 - Penning -
R71StaffReport 2009 03-17-doe
Community Development Board - March 17, 2009
FLD2009-02005 - Page 7
Robert G. Tefft
100 South Myrtle Avenue
Clearwater, Florida 33756
(727) 562-4539
robert.tefft(a7myclearwater.com
PROFESSIONAL EXPERIENCE
? Development Review Manager
City of Clearwater, Clearwater, Florida August 2008 to Present
Manage and supervise five planners and two land resource specialists. Represent the department at
Community Development Board and City Council meetings, and the City at meetings of Pinellas
Planning Council and Countywide Planning Authority as well as other public bodies as needed.
? Planner III
City of Clearwater, Clearwater, Florida June 2005 to August 2008
Performed technical reviews and prepared of staff reports for various land development applications.
Organized data and its display in order to track information and provide status reports. Made
presentations to various City Boards and Committees.
? Planner II
City of Clearwater, Clearwater, Florida May 2005 to June 2005
Performed technical reviews and prepared of staff reports for various land development applications.
Organized data and its display in order to track information and provide status reports.
? Assistant Planner I Planner I Senior Planner
City of Delray Beach, Delray Beach, Florida October 1999 to May 2005
Performed technical reviews and prepared staff reports for land development applications such as,
,: , a:+: y i ,, a ent and text
but not 111nlted to. site plans, conditional usac rizviliilg5, 1-A use amenulAl?.1+?"U, x+11 X?
amendments. Performed reviews of building permit applications. Organized data and its display in
order to track information and provide status reports. Made presentations to various City Boards.
Provided in-depth training to the Assistant Planner position with respect to essential job functions
and continuous guidance. Provided information on land use applications, ordinances, land
development regulations, codes, and related planning programs/services to other professionals and
the public.
EDUCATION
? Bachelor of Arts, Geography (Urban Studies), University of South Florida, 1999
LICENSES & CERTIFICATES
? American Planning Association
Community Development Board - March 17, 2009
FLD2009-02005 - Page 8
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Owner: Mary G. Realty, Inc. Case: FLD2009-02005
Site: 490 Mandalay Avenue, Suites 8 and 9 Property Size: 0.40 acres
PIN: 08-29-15-16398-000-0570 Atlas Page: 267A
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AERIAL MAP
Owner: Mary G. Realty, Inc.
Case:
FLD2009-02005
Site: 490 Mandalay Avenue, Suites 8 and 9
Property Size:
0.40 acres
PIN: 08-29-15-16398-000-0570
Atlas Page:
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ZONING MAP
Owner: Mary G. Realty, Inc. Case: FLD2009-02005
Site: 490 Mandalay Avenue, Suites 8 and 9 Property Size: 0.40 acres
PIN: 08-29-15-16398-000-0570 Atlas Page: 267A
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EXISTING SURROUNDING USES MAP
Owner: Mary G. Realty, Inc. Case: FLD2009-02005
Site: 490 Mandalay Avenue, Suites 8 and 9 Property Size: 0.40 acres
PIN: 08-29-15-16398-000-0570 Atlas Page: 267A
..
1
Looking southwest across Mandalay A venue toward subject
property.
I I ! I I IV I I 11'
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Looking west from subject property at tenant space where the
proposed nightclub is to be located.
Looking northwest across Mandalay A venue and Baymont
Street toward neighboring hotel.
-.
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Looking northwest across Mandalay Avenue toward subject
property.
r-
.
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Looking southwest across Mandalay A venue toward adjacent
property to the south.
490 Mandalay Avenue
FLD2009-02005
Albert E. & Lois F. Brendel
11 Baymont St.
Apt 1101
Clearwater, FL 33767
March 4, 2009
Mr. Michael Delk; Planning Director
Ms. Cynthia E. Goudeau; City Clerk
City of Clearwater
PO Box 4748
Clearwater, FL 33758-4748
Subject: FLD2009-02005 (Re-zoning of retail area to night club)
Dear Community Development Board Members,
727 230-4444
al@loisnals.com
I have received notice of an upcoming hearing on March 17th, 2009, for the change of use
of a property from "retail sales" to "night club" for parcel 08/29/15/16398/000/0570.
I wish to submit my objections to this change.
I am a homeowner and resident in the Sandpearl Residences. I am located immediately
adjacent to, and west of the subject property.
With respect to the re-zoning (or change of use) of the subject property, I ask that you
disapprove this request.
I purchased my property based upon existing land and property use restrictions. These
restrictions included adjacent properties...
This is the fundamental reason for zoning ordinances.... to protect your investment
without having to purchase every adjacent property.
If these restrictions are allowed to be modified at the pleasure of a land owner who tests
the "system" by requesting land and property restriction use change,... the very reason for
zoning ordinances, land use, and property use values might as well be abandoned.
In my opinion, a strong zoning ordinance board increases property values...
It establishes strong guidelines for what can, and cannot, be done. A workable Master
Plan is of course necessary,... but with or without one, you,... the development board,
establishes the foundation for a strong organized community. If the master plan is
wrong... correct it.... Don't try to piecemeal zoning requests to attempt to wake your
own master plan.
The request for this "change of use" is wrong.
It will decrease the value of my property.
It will decrease the value of my neighbor's property.
Our property value reductions will result in lower tax values and the city itself will suffer
the consequences.
I believe this request can be refused on simple grounds...
1) It will create untold problems with the clientele that such places bring. Please get input
from the police department.
2) It is directly adjacent to a residential neighborhood... (mine,.. Sandpearl Residences)
This is in direct violation of your guidelines.
3) It does not have the required parking space requirements for the use.
4) The property itself barely fits the requirements for retail use, setbacks, etc.
I have summarized details of the subject property, and highlighted areas which I believe
give a clear indication of problem areas. These are included in appendix A of this letter.
I believe that I have given enough detail to ensure that this matter will not be included in
the "consent agenda" for the council. (Of course, if the motion is to reject this proposal, I
will retract my objection.)
Tl,anlt vnii for your cons.derat.on; If you wish to speak ;th me in "ers-, I am always
available at (727) 230-4444.
Albert E. Brendel
Appendix A
Permitted Uses (Tourist District "T")
(ref Section 2-803. Flexible development.
The following uses are Level Two permitted uses permitted in the Tourist "T" District
subject to the standards and criteria set out in this section and other applicable
provisions of Article 3.)
Existing
Use (1)
Min. Lot Area (sq. ft.)
Min. Lot Width (ft.)
Max. Height (ft.) (1)
Min. Front (ft.) (1)
Min. Side(ft.) (1)
Min. Rear(ft.) (1)
Density
Min. Off-Street Parking
Retail sales and services
5000-10000
50-100
35-50
10-15
0-10
10-20
n/a
4-5 spaces /1000 GFA
Property specifications:
Parcel number
Total lot size
Gross Footage Area (GF ^ )
Asphalt Area
Available parking spaces
Required parking spaces
Land Use Classification*
Property Use Classification*
08/29/15/16398/000/0570
175 X 100 (17,500 sq ft)
6,958 sM ft
8,000 sq ft
26
28
11 (on tax records)
321 (on tax records)
Proposed
Night club
5000
50
35
15
10
20
n/a
10 spaces / 1000 GFA
08/29/15/16398/000/0570
175 X 100 (17,500 sq ft)
6g5$sq ft
8,000 sq ft
26
70
33
325
*Classifications:
11/ 321 Strip Store (2 or more stores - some may include an office, Convenience
Store, Bar and/or Restaurant, but no major food store)
33/325 Bar, Liquor Store with Lounge, Cocktail Lounge, Night Club (ABC,
Crown)
Applicable notes:
(1) Specific standards for the Old Florida District and the Marina District that supersede
the above regulations are set forth in Beach by Design: A Preliminary Design for
Clearwater Beach and Design Guidelines.
Flexibility criteria:
A. Alcoholic beverage sales.
1. Location.
a. The parcel proposed for development is not contiguous to a parcel of land which is
designated as residential in the Zoning Atlas;
b. The use of the parcel proposed for development will not involve direct access to a
major arterial street;
c. The design of all buildings complies with the Tourist District design guidelines in
Division 5 of Article 3.
2. Front setback:
a. The reduction in front setback contributes to a more active and dynamic street life;
b. The reduction in front setback results in an improved site plan or improved design or
appearance.
G. Nightclubs.
1. Location.
a. The parcel proposed for development is not contiguous to a parcel of land which is
designated as residential in the Zoning Atlas;
b. The use of the parcel proposed for development will not involve direct access to a
major arterial street;
2. The design of all buildings complies with the Tourist District design guidelines in
Division 5 of Article 3.
H. Non-residential off-street parking.
1 'T'l;e parcel proposed for development is contiguous to the parcel on _,7hiok tha nnn-
Y ...
residential use which will be served by the off-street parking spaces, is located and has a
common boundary of at least 25 feet, or the parcel proposed for development is located
immediately across a public road from the non-residential use which will be served by the
off-street parking spaces, provided that access to the off-street parking does not involve
the use of local streets which have residential units on both sides of the street.
2. No off-street parking spaces are located in the required front setback for detached
dwellings in the T District or within ten feet, whichever is greater, or within (10) feet of a
side or rear lot line, except along the common boundary of the parcel proposed for
development and the parcel on which the non-residential use which will be served by the
off-street parking spaces.
3. Off-street parking spaces are screened by a wall or fence of at least four feet in height
which is landscaped on the external side with a continuous hedge or non-deciduous vine.
4. All outdoor lighting is automatically switched to turn off at 9:00 p.m.
5. All parking spaces shall be surface parking.
6. The design of all buildings complies with the Tourist District design guidelines in
Division 5 of Article 3.
f
L. Parking garages and lots.
1. The parcel proposed for development is not contiguous to land designated as
residential in the Zoning Atlas;
2. Access to and from the parking garage or lot shall be based on the findings of a
transportation analysis approved by the city;
3. The stacking spaces available for cars waiting to pass through a parking ticket
dispensable or booth to enter the garage or lot shall be based on the design and size of the
garage or lot;
4. Any frontage along a public street is landscaped or designed to be similar in character
and use to other uses fronting on each street for a distance of 250 feet in either direction
along the street or the nearest intersections, whichever is less;
5. Parking structures are designed, constructed and finished so that the structure of the
garage is architecturally compatible the design and character of adjacent principal uses;
6. There is an unmet existing demand for additional parking in the immediate vicinity of
the parcel proposed for development;
7. Construction of a parking structure would not otherwise be physically feasible;
8. The front and rear setbacks which are provided are improved as an arcade or with
other active pedestrian/commercial areas for sidewalk cafes, sidewalk vendors, street
furniture or urban amenities;
9. The design of all buildings complies with the Tourist District design guidelines in
Division 5 of Article 3.
10. Front setback:
a. The reduction in front setback contributes to a more active dynamic street life;
b. The reduction in front setback results in an improved site plan or improved design
and appearance.
11. Rear setback:
a. The reduction in rear setback does not prevent access to the rear of any building by
emergency vehicles;
b. The reduction in rear setback results in an improved site plan, more efficient parking
or improved design and appearance;
c. The reduction in rear setback results in landscaping in excess of the minimum
required.
P. Retail sales and services.
1. Lot area and width: The reduction in lot area will not result in a building which is out
of scale with existing buildings in the immediate vicinity of the parcel proposed for
development;
2. Location: The use of the parcel proposed for development will not involve direct
access to a major arterial street;
3. Height: The increased height results in an improved site plan or improved design and
appearance;
4. Setbacks:
a. The reduction in front setback contributes to a more active and dynamic street life;
b. The reduction in front setback results in an improved site plan or improved design
and appearance;
c. The reduction in side and rear setbacks does not prevent access to the rear of any
building by emergency vehicles;
d. The reduction in side and rear setbacks results in an improved site plan, more
efficient parking or improved design and appearance;
e. The reduction in side and rear setbacks does not reduce the amount of landscaped area
otherwise required;
5. Off-street parking:
a. The physical characteristics of a proposed building are such that the likely uses of the
property will require fewer parking spaces per floor area than otherwise required or that
the use of significant portions of the building will be used for storage or other non-
parking demand-generating purposes;
b. Adjacent land uses are of a nature that there is a high probability that patrons will use
modes of transportation other than the automobile to access the use;
c. Adequate parking is available on a shared basis as determined by all existing land
uses within 1,000 feet of the parcel proposed for development, or parking is available
through any existing or planned and committed parking facilities or the shared parking
formula in Article 2, Division 14.
6. The design of all buildings complies with the Tourist District design guidelines in
Division 5 of Article 3.
Applicable ordinances:
(Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6928-02, §§ 17--20, 5-2-02; Ord. No. 7449-05,
§ 38,12-15-05; Ord. No. 7576-06, § 1, 2-2-06; Ord. No. 7723, § 1, 2-15-07;
Site pictorial (with acknowledgement to Google Earth):