FLD2009-08025 - 490 Mandalay Ave - North Beach Wine & SpiritsFLD2009-08025
490 MANDALAY AVE
ORTH BEACH WINE & SPIRIT
PLANNER OF RECORD: S K
ATLAS # 267A
ZONING: T
LAND USE: RFH
RECEIVED: 08/03/2009
INCOMPLETE:
COMPLETE:
MAPS
PHOTOS:
STAFF REPORT:
DRC:
CDB:
CLW CoverSheet
CDB Meeting Date: October 20, 2009
Case Number: FLD2009-08025
Agenda Item: D. I .
Owner: Mary G. Real ,Inc.
Applicant: Katherine E. Cole, Esa.
Address: 490 Mandalay Avenue, Suites 5 & 6
GENERAL INFORMATION:
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
REQUEST: Flexible Development approval to permit a change of use from
restaurant to alcoholic beverage sales 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 height, structure setbacks
or building as a Comprehensive Infill Redevelopment Project, under the
provisions of Community Development Code Section 2-803.C.
CURRENT ZONING: Tourist (T) District
CURRENT FUTURE
LAND USE CATEGORY:
PROPERTY USE:
EXISTING
SURROUNDING
ZONING AND USES:
Resort Facilities High (RFH)
Current Use: Restaurant
Proposed Use: Alcoholic Beverage Sales
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 August 3, 2009, a Comprehensive Infill Redevelopment Project application was submitted for the
subject property. The application proposes to establish an alcoholic beverage sales use within an existing
440 square foot tenant space where there is presently a restaurant use.
Community Development Board- October 20, 2009
FLD2009-08025 -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, one retail sales and services use, one nightclub 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 S ace Use S uare Foota a Parkin
Clear Sky Beachside Cafe 1 - 4 Restaurant 2,922.34 43.83
North Beach Wine & Spirits 5 - 6 Alcoholic Beverage Sales 440 2.20
Gelato Bello 7 Restaurant 745 11.17
Havana Exclusive Cigars 8 - 9 Nightclub 733.33 7.33
Key West Express 10 and 11 Retail Sales 973.33 4.86
Real Resources 12 Office 440 1.76
EXISTING
TOTAL: 75.55 76
PROPOSED
TOTAL: 71.15 (72)
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 alcoholic beverage
sales uses are required to provide five spaces per 1,000 square feet of gross floor area (restaurant uses are
required 15/1,000), the proposed change of use for the 440 square foot tenant space would decrease this
nonconformity by 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 9A.M 6P.M 9A.M 6P.M
6A.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% = 3.402 90% = 4.374 100% = 4.86 70% = 3.402
Restaurant (SS) 10%= 5.500 50%= 27.500 100%= 55.00 50%= 27.500 100%= 55.00
Restaurant (7.33)' 10%= 0.733 50%= 3.665 100%= 7.33 SO%= 3.665 100%= 7.33
Retail (2.20)' S%= 0.110 70%= 1.540 90%= 1.980 100%= 2.20 70%=.80
Totals: 6.674 37.866 68.86 38.401 66.62
' The shared parking table does not spec f tally 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.
z The shared parking table does not specifically identify a category for the alcoholic beverage use. As such, the retail category is used
for alcoholic beverage sales due to their similar hours of operation impacts on off-street parking.
Community Development Board- October 20, 2009
FLD2009-08025 -Page 2
Based upon the above table, the subject property would require a minimum of 69 off-street parking
spaces with the proposed change of use to establish the alcoholic beverage sales. 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. As such, the demand for
off-street parking should not be as intense as it would be for a restaurant and will not likely result in an
intensification from the existing restaurant 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:
^ Changes in horizontal building planes;
^ Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos,
balconies, railings, awnings, etc.;
^ Variety in materials, colors and textures;
^ Distinctive fenestration patterns;
^ Building stepbacks; and
^ Distinctive roofs forms.
e. The proposed development provides for appropriate buffers, enhanced landscape design 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- October 20, 2009
FLD2009-08025 -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 Existin /Pro osed Consistent Inconsistent
F.A.R. 1.0 0.62 X
I.S.R. 0.95 0.90 X
Minimum Lot Area 5,000 - 10,000 square feet 17,457 square feet X
Minimum Lot Width 50 - 100 feet Mandalay Avenue: 180 feet X
Baymont Street: 100 feet
Maximum Building Height 25 - 50 feet 12 feet X
Minimum Setbacks Front: I S feet North: 14.9 feet (to building) X
Zero feet (to pavement)
East: ~ 1.7 feet (to building) X
Zero feet (to pavement)
Side: 10 feet South: 4.2 feet (to building) X
4.2 feet (to pavement)
Rear: 20 feet West: 3.1 feet (to building) X
Zero feet (to pavement)
Minimum Off-Street 69 parking spaces 26 parking spaces XZ
Parking- (er shared arkin table
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- October 20, 2009
FLD2009-08025 -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):
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.
3. 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
Inconsistent
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.;
^ Variety in materials, colors and textures;
^ Distinctive fenestration patterns;
^ Building stepbacks; and
^ Distinctive roofs forms.
e. The proposed development provides for appropriate buffers, enhanced landscape
design and anoronriate distances between buildinQS.
~ See above discussion with regard to Comprehensive Infill Redevelopment Project Criteria.
Community Development Board- October 20, 2009
FLD2009-08025 -Page 5
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:
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 olfactorv 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 September 3, 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;
2. That the subject property is located within the Tourist (T) District and the Resort Facilities High
(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 restaurant to alcoholic beverage sales within
an existing shopping center building;
7. 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 decreased.
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- October 20, 2009
FLD2009-08025 -Page 6
2. That the development proposal has been found to be in compliance with the Flexibility criteria for a
Comprehensive Infill 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 restaurant to
alcoholic beverage sales 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 height, structure setbacks or
building 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 this use (alcoholic beverage sales) 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;
2. That there be no on-premise consumption of alcoholic beverages;
--~ ~ ,~ ~
Prepared by Planning Department Staff: ,
A. Scott Kurleman, Planner III
ATTACHMENTS: Location Map; Aerial Map; Zoning Map; Existing Surrounding Uses Map; and Photographs of Site and Vicinity
S:\Planning Department\C D B\FLEX (FLD)\Pending Cases\Up For The Next DRC~Mandalay 490 Wine And Spirits (T) 9-3-2009
DRC - SK\Staff Report-North Beach Wine And Spirits.Doc
Community Development Board- October 20, 2009
FLD2009-08025 -Page 7
Resume
A. Scott Kurleman
100 South Myrtle Avenue
Clearwater, FL 33756
727-562-4553
scatt.kurleman(a,myclearwater.com
PROFESSIONAL EXPERIENCE
• Planner III
• Planner II
August 2008 to present
June 2005 to August 2008
Regulate growth and development of the City in accordance with land resource ordinances and
regulations related to community development. Landscape plan review including: conceptual,
variance, and conditional use. Reviews and analyzes site plans and conducts field studies to
determine the integrity of development plans and their compatibility with surroundings.
Interdepartmental and zoning assistance. Respond as a City representative to citizens, City
officials, and businesses concerning ordinances and regulations. Make recommendations and
presentations at staff level at various review committees, boards, and meetings.
• Land Resource Specialist
City of Clearwater June 1996 to June 2005
Coordinates with City Legal Department to initiate legal proceedings for non-compliance with
City land resource regulations. Landscape re-inspection program. Plans and directs program to
ensure that plant material installed per the approved landscape plan remains. in a healthy growing
condition in perpetuity and restores deficient landscaped with new plant material. Certificate of
Occupancy Inspection. Perform inspections with contractors, owners, .and City departments to
monitor the installation of required landscape material per an approved site plan. Process tree
permits ensuring that regulations governing the removal criteria are followed. Provide technical
tree evaluations for structural defects, hazards, proper pruning, and identification for trees on
public and private properties.
• Account Manager
Cherry Lake Farms, IMG Enterprise, Inc. 1993 - 1996
Groveland, FL
Supervised and managed existing territory accounts, while handling a strategic marketing plan.
Planned and directed in-field inspection program for landscape architects, municipalities and
private corporations. Prepared technical training modules for corporate employees and customers
regarding arboricultural techniques related to trees.
• Licensed Marketing Representative
Allstate Insurance Company 1991 - 1993
Clearwater, FL
Field inspections of insured structures. Policy service and account maintenance.
• Store Manager
William Natorp company, Inc. 1983 - 1991
Cincinnati, OH
Managed a team of 24 sales people and sales associates in a landscape center. Responsible for
teams of employees including but not limited to payroll, budgeting, sales, store and equipment
maintenance, workplace safety, and advertising. Managed outdoor staff, merchandised and cared
for all outdoor products. Responsible for all indoor staff and horticultural products.
EDUCATION
GRADUATE -Certificate: Community Development, UNIVERSITY OF SOUTHFLORIDA,
TAMPA, FLORIDA. Currently pursuing.
BA in Business Administration, ST. LEO UNIVERSITY, ST. LEO, FLORIDA.
Graduated July, 2002 Cum Laude. Major: Management
AA in Business Administration, ST. PETERSBURG COLLEGE, FLORIDA.
Graduated 1998. Major: Management.
AS in Ornamental Horticulture, OHIO STATE UNIVERSITY, WOOSTER,
Graduated 1984 Cum Laude. Major: Horticulture Technology with emphasis in
Arboriculture.
ISA, International Society of Arboriculture, Certified Arborist, FL-0414.
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EXISTING SURROUNDING USES MAP
Owner: Mary G. Realty, Inc. Case: FLD2009-08025
Site: 490 Mandalay Avenue, Suites 5 and 6 Property Size: 0.40 acres
PIN: 08-29-15-16398-000-0570 Atlas Page: 267A
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ZONING MAP
Owner: Mary G. Realty, Inc. Case: FLD2009-08025
Site: 490 Mandalay Avenue, Suites 5 and 6 Property Size: 0.40 acres
PIN: 08-29-15-16398-000-0570 Atlas Page: 267A
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LOCATION MAP
Owner: Mary G. Realty, Inc. Case: FLD2009-08025
Site: 490 Mandalay Avenue, Suites 5 and 6 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: FLD2009-08025
Site: 490 Mandalay Avenue, Suites 5 and 6 Property Size: 0.40 acres
PIN: 08-29-15-16398-000-0570 Atlas Page: 267A
i
Looking northwest across Mandalay Avenue toward subject
property.
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proposed alcoholic beverage sales use is to be located.
Avenue toward adjacent
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Looking northeast across Mandalay Avenue toward
neighboring shopping center.
490 Mandalay Avenue
FLD2009-08025
Looking southwest a~
property to the south.
Looking southwest across Mandalay Avenue toward subject
property.
Street toward neighboring hotel.
RESPONSES TO COMMENTS
FLD2009-08025 - 490 Mandalay Avenue
ZONING CONDITION:
Comment No. 1: Prior to CDB. Correct. Tenant square footages provided in
~____. Exhibit B total 6,014 whereas the application states 6,254?
Additionally the application states .40 acres which would equal
17,424?
Response No. 1: See revised application and exhibits
Comment No. 2: Condition of Approval. That this use (Alcoholic Package
Sales) be limited to this tenant space only, and that any
desired relocation within the center or enlargement of floor
area shall require a new application for re-review by the CDB.
Response No. 2: Acknowledged
50992.118135
#501080 v1 -North Beach/Responses to Comments
Clearwater
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: $200.1)0
^ SUBMIT APPLICATION FEE
CASE #:
RECEIVED BY (staff initials):
DATE RECEIVED:
* NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS)
FLEXIBLE DEVELOPMENT APPLICATION
Comprehensive Infill Redevelopment Project
(Revised 07/11/2008)
PLEASE TYPE OR PRINT
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A)
APPLICANT NAME: North Beach Wine & Spirits, Inc. , a Florida corporation
MAILING ADDRESS: 490 Mandalay. Avenue, Clearwater Beach, FL 33767 _
PHONE NUMBER: FAX NUMBER: __
-~,72a)--~i-2 ~-fi-9~ -- - - -- ---
CELL NUMBER EMAIL: - _ _
'PROPERTY OWNER(S): ~`1ar3,-G.-_Raal tyi__~I1~ ----_- - -
List ALL owners on the deed
AGENT NAME: Katherine E. Cole, Esq. and Johnson, Pope, Bokor, Ruppel & Burns,
MAILING ADDRESS: 911 Chestnut Street, Clearwater, FL 33756 _ __
PHONE NUMBER: 727) 461-1818 FAX NUMBER: 727 462~,a365 _
CELL NUMBER: EMAIL:
B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A)
PROJECT NAME: Torth Beach Wine & Spirits PROJECT VALUATION: $
STREET ADDRESS 490 Mandalay Avenu~_Clearwater Beach, FL 33767
PARCEL NUMBER(S): 08-29-15-163. 98-000-0570
PARCEL SIZE (acres):•4017 PARCEL SIZE (square feet):
LEGAL DESCRIPTION: f'1 earwa_ter Beach Park Lots 57~ 58, 59 , 60 61 + 6
10.25 feet of Lot 64
PROPOSED USE(S): A1COhO11C Beverage Sales
DESCRIPTION OF REQUEST: SP~F.xh_ihit rrAr'
Specifically identify the request
(indude number of units or square --
footage of non-residential use and all
requested code deviations; e.g.
', reduction in required number of
parking spaces, spedfic use, etc.)
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DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNII
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO _ (if yes, attach a copy of the applicable documents)
C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5)
^ 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 (li) 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.
See Exhibit "A" attached for responses to General Applicability Criteria
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.
3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use.
4. The proposed development is designed to minimize traffic congestion.
5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development.
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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WRITTEN 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:
1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this
zoning district.
See Exhibit "A" attached for responses to Comprehensive Infill Redevelopment
Project Criteria 1 through 6.
2. The development or redevelopment will be consistent with the goals and policies of 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
3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties.
4. Adjoining properties will not suffer substantial detriment as a result of the proposed development.
5. The proposed use shall otherwise be permitted by the underlying future land use 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 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.;
^ Variety in materials, colors and textures;
^ Distinctive fenestration patterns;
^ Building stepbacks; and
^ Distinctive roofs forms.
e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings.
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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.
^ ff 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)
^ 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);
^ COPY OF RECORDED PLAT, as applicable;
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G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
SITE PLAN with the following information (not to exceed 24" x 36"):
Index sheet referencing individual sheets included in package;
North arrow;
Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared;
All dimensions;
Footprint and size of all EXISTING buildings and structures;
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;
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.
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 8~ driveways,
expressed in square feet & percentage of the paved vehicular area;
Official records book and page numbers of all existing utility
easement;
Building and structure heights;
Impermeable surface ratio (I.S.R.); and
Floor area ratio (F.A.R.) for all nonresidential uses.
^ REDUCED COLOR SITE PLAN to scale (8'/z X 11);
^ 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);
Streets and drives (dimensioned);
Building and structural setbacks (dimensioned);
Structural overhangs;
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EXISTING REQUIRED PROPOSED
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'/~ 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.
I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23)
^ BUILDING ELEVATION DRAWINGS -with the following information:
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'/~ 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'/~ X 11) (color), if submitting Comprehensive Sign Program application.
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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.Z;, c:r- 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
the 2004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) 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.
~. ~~_~--
CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW
CALCULATIONS/ WATER 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 Fire Prevention Department al (727) 562-4334.
M. SIGNATURE:
I, the undersigned, acknowledge that all representations made
in this application are true and accurate to the best of my
knowledge and authorize City representatives to visit and
photograph the property described in this application.
i
~~ ~ % +~
Signature of property owner or representative
Katherine E. Cole
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this 31Stday of
July , A.D. 20 ~-to me and/or by
Ka t},ari ne E L'•nl a ,who is personally known ~
~~gxX~r~rxxxxxxxxxxxxxxxxxxxxxxxxx
]Q~cA4&4'1ZG~d4~6X
~.
,,,,,
My commission expires: ~rq,Cgx~J~.~c4 Blayne E. Sears
:,: ~ :.. Commission # DD4491
Banded Trey Psin • M•uronae, Mc lOOaES•TOt E
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N. AFFIDAVIT TO AUTHORIZE AGENT:
1. Provide names of all properly owners on deed -PRINT toll names:
MARY G. REAL'T'Y, INC., a Florida yarporation
2. That (1 am/we are) the owner(s) and record tole holder(s) of the following described property (address or general location):
490 Mandalay Averate -Parcel No. 08/29/15/16398/000/0570
3. That ttris properly constitutes the property for which a request fora: (describe request) '
Flexible develognent application for a ocanprehensive infill redevelopment
Prop <. / u~~. /~/rGr/!G~" ~r;~dP~
4. That the undersigned (has/have) appointed and (does/do) appoint:
Katherine E.-Cole, Esquire and Johnson, Pope, Bokor, Koppel & Burns, LLP
as (hisJtheir) agent(s) to execute any petitions or other documents nary to affect such petition;
5. That this affidavit has been executed to induce the Clty of Clearwater, Florida to consider and act on the above descried property;
6. That site to the property re necessary by City representatives in order to process this application and the owner authorizes City
represent to visit and ph gra a property described in this app!""nation;
7. \,
ThB~t (Vwe) the dersgned authority, reby certify that the foregoing is true and correct.
MARY G, REALTY, INC., a Florida
Property Owner Property "
~ ~ ~~
_
Pro rty Owner Pro r
Nick Dion s, esa. t
STATE OF FLORIDA,
COUNTY OF PINELLAS
~ ~ ~
day of
Before me the undersigned, an officer duly commissioned by the laws of the State of Fbrida, on this
J111y 2009 personally appeared Ni.C~C GioniS* who having been first duly sworn
Deposes and says that he/she fully understands the contents of the affidavit that he/she signed.
*as President of MARY G. - ~,
REALTY, INC. , a= Florida ~~,~ % ,~ G~
i
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on
corporat
Notary Pubfic Signature ``'l~ j
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Notary Sea My
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i1~~, liM1IlN 111p1 ~ 71!!1'1
~~~
/MrM 1MpyM MlMltl~ NMaNy bIR.
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EXHIBIT "A"
TO FLEXIBLE DEVELOPMENT APPLICATION FOR
COMPREHENSIVE INFILL REDEVELOPMENT PROJECT
North Beach Wine 8~ Spirits
490 Mandalay Ave.
Section B. Description of Request
Request
The subject property consists of suites five and six of the shopping center located at
490 Mandalay Ave.
Specifically, the Applicant requests flexible development approval of alcoholic beverage
sales in the Tourist District within an existing 6,987.33 sq. ft. shopping center with no
changes to the building or structure setbacks or parking, with relief as follows:
a. 26 parking spaces (existing) where at least 70 are required
b. Front (east) setback of 14.9 ft. to building where 0-15 ft. is
required (existing)
c. Side setback of 4.2 ft. to building where 0-10 ft. is required;
(existing)
d. Rear (west) setback of 3.1 ft. to building where 10-20 ft. is
required (existing)
as a Comprehensive Infill Redevelopment Project, under the provisions of
Section 2-803.C of the Code; and
H isto
The property is part of a shopping center that currently has five tenants. A restaurant
currently uses the property (units five and six) as storage (servicing units one through
four and an outdoor seating area).
Proposed Use
The Applicant proposes to change the use of the property from restaurant to alcoholic
beverage sales to open a liquor and wine store.
Section D. Written Submittal Requirements
General Applicability Criteria:
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.
The retail nature of the store fits with the shopping center which currently
includes a restaurant, gelato store, smoke shop, realtor office and retail store.
The uses surrounding the property include retail, residential and transient. The
property has coexisted with adjacent properties for over 20 years.
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.
The proposed use of a liquor store will compliment the surrounding residential
and transient uses in the area as residents and visitors alike will patronize the
store. The adjacent properties have already been redeveloped in conjunction
with the Sandpearl Resort and Residences at Sandpearl.
3) The proposed development will not adversely affect the health or safety of
persons residing or working in the neighborhood of the proposed use.
The liquor store is a retail sales opportunity in a shopping center and will not
adversely effect the health or safety of persons residing or working in the
neighborhood.
4) The proposed development is designed to minimize traffic congestion.
The proposed use will generate less traffic than the existing restaurant use.
Further, visitors and residents from surrounding properties will walk to the store.
5) The proposed development is consistent with the community character of
the immediate vicinity of the parcel proposed for development.
The proposed use is within an existing shopping center that is consistent with the
surrounding properties.
6) The design of the proposed development minimizes adverse effects,
including visual, acoustic and olfactory and hours of operation impacts on
adjacent properties.
This is an existing shopping center and no changes to the property are proposed.
The store will be retail in nature and have a negative impact on visual, acoustic
and olfactory senses of visitors and residents.
2
Comprehensive Infill Redevelopment Project Criteria:
The development or redevelopment is otherwise impractical without
deviations from the use and/or development standards set forth in this
zoning district.
The use proposed on the property is within an existing shopping center that is built out
and cannot accommodate changes to setbacks or parking.
2. The development or redevelopment will be consistent with the goals and
policies of 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.
Alcoholic Beverage Sales is a permitted in the Tourist district as a flexible
development and flexible standard development. The proposed use gives a
pedestrian-friendly use in an existing shopping center and provides a retail
service to visitors and residents alike that does not currently exist on North
Clearwater Beach.
3. The development or redevelopment will not impede the normal and orderly
development and improvement of surrounding properties.
The proposed use does not require any changes to the existing property. The
surrounding properties have already been redeveloped in recent years.
4. Adjoining properties will not suffer substantial detriment as a result of the
proposed development.
West: Sandpearl residences
North: Sandpearl Resort
East: Pelican Walk shopping center
South:Sandpearl residences retail area
5. The proposed use shall otherwise be permitted by the underlying future
land use 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;
3
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.
The proposed liquor store is permitted as Alcoholic Beverage Sales in the
tourist zoning. The application must be processed as a comprehensive infill
application due to the construction of the existing shopping center. The
proposed liquor store will add a retail use that can be used by residents and
the tourists alike and is not currently available on North Clearwater Beach in
two units of the shopping center that are currently not used for the public.
The proposed use expands the success of an existing shopping center. The
proposed use does not provide for affordable housing
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:
• Changes in horizontal building planes;
• Use of architectural details such as columns, cornices,
stringcourses, pilasters, porticos, balconies, railings, awnings,
etc;
• Variety in materials, colors and textures;
• Distinctive fenestration patterns;
• Building stepbacks; and
• Distinctive roofs forms.
e. The proposed development provides for appropriate buffers, enhanced
landscape design and appropriate distances between buildings.
This application is a change of use. There are no exterior changes proposed requiring
compliance with the design guidelines or updated design.
#496395 v2
4
EXHIBIT "B"
Site Data Table
Existing Required Proposed
Land Area in Square 17,500 5,000-10,000 17,500
Feet
Number of Existing 0 0 0
Dwelling Units
Number of Proposed 0 0 0
Dwelling Units
Gross floor area Restaurant: 3362.34 Restaurant: 2922.34
devoted to each use Retail (Gelato): 745 Retail (Liquor): 440
Retail (Cigars): 733.33 Retail (Gelato): 745
Nightclub (Smoke shop): 733.33 Retail (Cigars): 733.33
Office (Realty): 440 Nightclub (Smoke): 733.33
Retail (Key West Express) 973.33 Office (Realty): 440
Retail (Key West Express) 973.33
Parking Spaces 26 70 26
ISR .90 .95 .90
FAR .62 1.0 .62
Building Height 12 ft. 25-50 12 ft.
40992.118135
#497535 v2
'Based on shared parking table included with FLD2009-02005 approval, recognizing that restaurant use is 7-15 spaces/1,000 GFA and Alcoholic Beverage Sales
requires only 5/1,000 GFA.
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