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FLD2012-05010; 387 MANDALAY AVE; 387-391 MANDALAY AVE l � � 387 MANDALAY AVE Date Received: 5/1/2012 11 : 11 :47 AM 387 - 391 Mandalay Avenue ZONING DISTRICT: Tourist LAND USE: Resort Facilities High (30 du/acre) ATLAS PAGE: 267A PLANNER OF RECORD: PLANNER: Matthew Jackson, Planner II � CDB Meeting Date: July 17, 2012 Case Number: FLD2012-05010 Agenda Item: E. 3. Owner/Applicant: 385 Mandalav Avenue, LLC Representative: Renee Ru�,giero, Senior Project Planner Northside En ineering Address: 387 - 391 Mandalav Avenue CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit Retail Sales and Services of 1,899 square feet of floor area and Restaurants of 6,589 square feet of floor area in the Tourist (T) District with a lot area of 8,557 square feet, a lot width of 7495 feet on Mandalay Avenue (west), a front (south) setback of zero feet (to building and sidewalk), a front (west) setback of zero feet (to building and sidewalk), a side (north) setback of zero feet (to building and sidewalk), a side (east) setback of 13.6 feet (to dumpster pad), a building height of 32.47 feet (to flat roo� and 3 parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of the Community Development Code (CDC) Section 2-803.C. ZONING: Tourist(T) FUTURE LAND USE PLAN CATEGORY: Resort Facilities High(RFH) BEACHBYDESIGN CHARACTER DISTRICT: Retail and Restaurant District PROPERTY USE: Current: Retail Sales and Services of 1,899 square feet of floor area, Restaurants of 6,075 square feet of floor area and three parking spaces (including one handicapped space) with a 0.987 Floor Area ratio at a height of 32.47 feet(to flat roo fl. Proposed: Retail Sales and Services of 1,899 square feet of floor area, Restaurants of 6,589 square feet of floor area and three parking spaces (including one handicapped space) with a 0.991 Floor Area Ratio at a height of 32.47 feet (to flat roo�. EXISTING North: Tourist(T) District SURROUNDING Retail Sales and Services and Restaurants ZONING AND USES: South: Tourist (T) District Clear-water Marina East: Tourist (T) District Retail Sales and Services West: Open Space/Recreation (OS/R) District Clearwater Beach Community Development Board—July 17,2012 FLD2012-05010—Page 1 of 8 - ANALYSIS: Site Location and Existing Conditions: The 0.19-acre subject property is located on the east side of Mandalay Avenue approximately 85 feet north of Causeway Boulevard which is within the "Retail/ Restaurant" District of Beach by Design. The site is currently developed with a three-story building comprised of 1,899 square feet of retail (Ron Jon Surf Shop) on the first floor and a total of 6,075 square feet of restaurant (Hooters) divided between the second and third floor with a total of three off-street parking spaces. The subject property has been before the Community Development Board (CDB) on one previous occasion with request to establish the aforementioned retail and restaurant uses. At its meeting of August 16, 2011,the CDB approved case FLD2011-06022. Development Proposal: The development proposal is to enclose a portion of the third level (Hooters) adding 514 square feet of floor area. The existing floor area of the restaurant is 6,075 and the additional 514 square feet will increase the floar area to 6,589. And the additional 514 square feet of floor area will increase the gross floor area of the subject property from 8,074 to 8,557 square feet. The existing subject property lot area is 8,074 square feet. As the existing gross floor area is 7,974 square feet, the floor area ratio (FAR) is 0.987 which is consistent with the Countywide Plan Rules. However, the addition of 514 square feet of floor area will increase the floor area ratio to 1.05 which exceeds the maximum FAR of 1.0. As such, the development proposal also includes the addition of 483 square feet of land from the property immediately north of the subject property. This property is under the same ownership as the subject property and the additional land will be added to the subject property through a minor lot line adjustment. Due to the location of the proposed building and the size and configuration of the subject property, only limited parking is available. The proposal includes a reduction to the required parking for retail sales and services from 10 spaces (based on 5 spaces per 1,000 square feet), and restaurant from 99 spaces (based on 15 spaces per 1,000 square feet) to three spaces. The applicant has submitted a Parking Demand Study that analyzed the available parking within 1,000 feet of the subject property. The development proposal's compliance with the various development standards of the Community Development Code (CDC) is discussed below: Floor Area Ratio (FAR� Pursuant to the Countywide Plan Rules and CDC Section 2-841.1, the maximum FAR for properties with a future land use plan designation of Resort Facilities High is 1.0. The proposal is for a total of 8,488 square feet of floor area at a FAR of 0.991, which is consistent with the Code provisions. Impervious Surface Ratio (ISR� Pursuant to the Countywide Plan Rules and CDC Section 2- 801.1, the maximum allowable ISR is 0.95. The proposed ISR is 0.94, which is consistent with the Code provisions. Community Development Board—July 17,2012 FLD2012-05010—Page 2 of 8 Minimum Lot Area and Width: Pursuant to CDC Table 2-803, there is no minimum lot area or width requirement for Comprehensive Infill Redevelopment Projects. The subject property has a lot area 8,557 square feet and lot width along Mandalay Avenue of 74.95 feet. Minimum Setbacks: Pursuant to CDC Table 2-803, there are no minimum setback requirements for Comprehensive Infill Redevelopment Projects. The development proposal includes a front (south) setback of zero feet (to building and sidewalk), a front (west) setback of zero feet (to building and sidewalk), a side (north) setback of zero feet (to building and sidewalk) and a side (east) setback of 13.6 feet (to dumpster pad). Maximum Buildin Hei h�t�. Pursuant to CDC Table 2-803, there is no maximum height for Comprehensive Infill Redevelopment Projects. The proposed building is 34.51 feet (to top of building parapet). Minimum Off-Street Parkin�: Pursuant to CDC Table 2-803, the minimum off-street parking requirements for Comprehensive Infill Redevelopment Projects shall be as determined by the Community Development Coordinator based on the specific use and/or ITE Manual standards. As stated previously, due to the location of the proposed building and the size and configuration of the subject property, only limited parking is available. The proposal includes a reduction to the required parking for retail sales and services from 10 spaces (based on 5 spaces per 1,000 square feet), and restaurant from 99 spaces (based on 15 spaces per 1,000 square feet) for a total of 109 required parking spaces to three spaces. Of these spaces, one will be dedicated for handicapped use. The applicant submitted a Parking Demand Study that analyzed the available parking within 1,000 feet of the subject property. The study concluded in accordance with a methodology established with the City of Clearwater staff that there are a total 1,040 available parking spaces within the study area. A maximum of 744 of these spaces were occupied at one time during the study period leaving 296 spaces available. As such, and as the study determined that the parking demand would generate a maximum of 109 spaces, adequate parking is available within reasonable walking distance of the project. It should be noted that Beach by Design does not envision the parking would be provided on the individual properties of the Retail and restaurant District, but instead within a parking garage that would provide convenient parking to the District. The public parking available within the Hyatt and Surfside parking garages should help to meet the needs of this District. Mechanical Equipment: Pursuant to CDC Section 3-903.H.1, mechanical equipment shall be screened from any public right-of-way and adjacent properties. The proposal includes an open- air mechanical well area on the rooftop for mechanical equipment including HVAC. As the well is located on the rooftop, the interior of the well will not be able to be viewed from adjacent rights-of-way. The mechanical equipment will be screened from view from adjacent property owners by walls on all four sides of the well. Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at street or driveway intersections, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20-foot sight visibility triangles. There is only one existing driveway on this property accessing S.R. 60 that is Community Development Board—July 17,2012 FLD2012-05010—Page 3 of 8 not to be changed. The proposal has been reviewed by the City's Traffic Engineering Department and been found to be acceptable. Utilities: Pursuant to CDC Section 3-912, for development that does not involve a subdivision, all utilities, including individual distribution lines, must be installed underground unless such undergrounding is not practicable. Electric and communication lines for this development have been installed underground on-site in compliance with this requirement. The exterior electric panels, boxes and meters for this development have been painted the same color as the building. Landscapin� Pursuant to CDC Section 3-1202.D, there are no perimeter buffers required in the Tourist District; and pursuant to Section 3-1202.E, as the proposed vehicular use area is less than 4,000 square feet, no interior landscaping is required. Foundation plantings are not requested as the footprint of the proposed building matches the existing along Mandalay Avenue maintaining a cohesive development pattern along the property line not allowing appropriate area for foundation plantings. The south building fa�ade facing S.R. 60 is not receiving foundation landscaping as existing is a laxge area of landscaping between the proposed building and right- of-way. This landscaped area contains multiple palm trees, hedging and shrubs which meets the intent of the required foundation landscaping. A condition of approval will be included in the development order for the applicant to landscape and provide irrigation for the open areas. Solid Waste: The proposal will utilize three roll out dumpster for trash removal. Dumpsters will be located along the south building facade with walls matching the proposed building and gates meeting City of Clearwater specifications. On trash days, the dumpsters will be staged to meet the Solid Waste Department's trash pick-up requirements. Si ng a�e: No freestanding signage is proposed at this time. And while due to site constraints freestanding signage is not expected, freestanding signage in the Tourist District is restricted to a maximum height of four feet, or six feet through a Comprehensive Sign Program. Any approval of this application should include a condition allowing for freestanding signage, where such future freestanding signage must be a monument-style sign meeting Code requirements and be designed to match the exterior materials and color of the building. There exists attached signage on the south and west building facades approved through Comprehensive Sign Program case CSP2012-03003. Additional Beach bv Design Guidelines: Section C.1 requires buildings with a footprint of greater than 5,000 square feet to be constructed so that no more than two of the three building dimensions in the vertical or horizontal planes are equal in length. The proposed building footprint is approximately 3,988 square feet. And while the footprint is less than 5,000 square feet, the proposal still meets the requirement. The project's overall horizontal plane dimensions are approximately 68 feet along Mandalay Avenue (west), 58 feet along Causeway Boulevard (south), 58 feet on north side of the building and 72 feet along the east side of the building, while the vertical plane is 36.84 feet from ground level to flat roof. Except for the north and south building dimensions, no other dimensions are equal; thus the proposal complies with this provision. Community Development Board—July 17,2012 FLD2012-05010—Page 4 of 8 Section C.2 requires no plane or elevation to continue uninterrupted for greater than 100 feet without an offset of mare than five feet. As all facades of the building are less than 104 feet in length, this requirement does not need to be met. However, the proposal does include step-backs which would suffice this requirement if necessary. Section C3 requires at least 60 percent of any elevation to be covered with windows or architectural decoration. The elevations along Mandalay Avenue and Causeway Boulevard contain windows, railings, columns overhangs and faux wood treatments covering the entire building elevations. On the north and south elevations, where the visibility of the elevations is limited or hindered, less architectural decoration is practical and provided. This Beach by Design provision is a guideline that does not require relief. Section C.4 requires that no more than 60 percent of the theoretical maximum building envelope located above 45 feet be occupied by a building. As the maximum height of the development proposal is 36.84 feet to flat roof, this guideline is not applicable. However, the building envelope is tapered and would meet this requirement if necessary. Code Enforcement Analysis: There are no active Code Enforcement cases for the subject property. COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards as per CDC Section 2-801.1 and Table 2-803: Standard Proposed Consistent Inconsistent Floor Area Ratio 1.0 8,488 square feet(0.991) X Impervious Surface Ratio 0.95 0.94 X Minimum Lot Area N/A 8,557 sq.ft. X Minimum Lot Width N/A 74.95 feet X Minimum Setbacks Front: N/A South: Zero feet(to building) X Zero feet(to sidewalk) West: Zero feet(to building) X Zero feet(to sidewalk) Side: N/A North: Zero feet(to building) X Zero feet(to sidewalk) East: 13.6 feet(to dumpster pad) X Maximum Height N/A 32.47 feet(to flat roo� X Minimum Off-Street Parking N/A 3 parking spaces X Community Development Board—July 17,2012 FLD2012-05010—Page 5 of 8 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2-803.0 (Comprehensive Infill Redevelopment Project): Consistent Inconsistent l. 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. 5. The proposed use shall otherwise be permitted by the underlying future land use X category, be compatible with adjacent ]and 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 pian amendment and rezoning would result in a spot land use or zoning designation;or a. 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 amactive 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 pattems; O Building step backs;and ❑ Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape desi and a ro riate distances between buildin s. Community Development Board—July 17,2012 FLD2012-05010—Page 6 of 8 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 3-914.A: Consistent Inconsistent l. 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 olfacto and hours of o eration im acts on ad'acent ro erties. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of June 07, 2012, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board(CDB), based upon the following: Findings of Fact. The Planning and Development 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: l. That the 0.19-acre subject property is located on the east side of Mandalay Avenue approximately 85 feet north of Causeway Boulevard; 2. That the subject property is located in the Tourist (T) District and the Resort Facilities High (RFH) future land use plan category; 3. That the subject property is located within the Retail/ Restaurant District of Beach by Design and is subject to all applicable requirements set forth therein; 4. That the properties were previously developed with retail sales and service and six attached dwelling units. All of the building containing these uses is being demolished; 5. That the proposal includes the construction of 1,899 square feet of retail sales and services floor area, 6,589 square feet of restaurant (Ron Jon's and Hooters) floor area, and three parking spaces; 6. That the proposal includes a front (south) setback of zero feet (to building and sidewalk), a front (west) setback of zero feet (to building and sidewalk), a side (north) setback of zero feet (to building and sidewalk), a side (east) setback of 13.6 feet(to dumpster pad); 7. That the proposal includes large expanses of windows, covered and uncovered balconies, overhangs, awnings, sunshades, and finish treatments such as stucco, wood (faux) and horizontal siding; and 8. That there is no active Code Enforcement case for the subject property. Conclusions of Law. The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: Community Development Board—July 17,2012 FLD2012-05010—Page 7 of 8 1. That the development proposal is consistent with the Standards as per Community Development Code Tables 2-801.1, 2-802 and 2-803; 2. That the development proposal is consistent with the Flexibility criteria as per Community Development Code Section 2-803.C; 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Community Development Code Section 3-914.A; and 4. That the development proposal is consistent with the Design Guidelines of Beach by Design. Based upon the above, the Planning and Development Department recommends APPROVAL of the Flexible Development approval to permit Retail Sales and Services of 1,899 square feet of floor area and Restaurants of 6,589 square feet of floor area in the Tourist (T) District with a lot area of 8,557 square feet, a lot width of 74.95 feet on Mandalay Avenue (west), a front (south) setback of zero feet (to building and sidewalk), a front (west) setback of zero feet (to building and sidewalk), a side (north) setback of zero feet (to building and sidewalk), a side (east) setback of 13.6 feet (to dumpster pad), a building height of 32.47 feet (to flat roo� and 3 parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of the Community Development Code (CDC) Section 2-803.C., subject to the following conditions: Conditions of Ap�roval: 1. That prior to the issuance of any building permits, all Stormwater conditions be met; 2. That prior to the issuance of any building permits, the site plan site data table be revised to reflect the existing retail (Ron Jon) and restaurant (Hooters)uses; 3. That priar to the issuance of any building permits, the parking demand study be revised to reflect the correct floor areas of the retail (Ron Jon) and restaurant (Hooters)uses; 4. That prior to the issuance of any permanent Certificate of Occupancy, all Traffic conditions be met; 5. That all open spaces will be landscaped with Florida Grade #1 plant material with an automatic irrigation system; and 6. That any future freestanding signage must be monument-style meeting Code requirements and be designed to match exterior materials and color of the building. Prepared by Planning and Development Department Staff: /�� Matt Jackson, Planner II ATTACHMENTS:Location Map;Aerial Map;Zoning Map;Existing Surrounding Uses Map;and Photographs Community Development Board—July 17,2012 FLD2012-05010—Page 8 of 8 Matthew Jackson 100 South Myrtle Avenue Clearwater,Florida 33756 (727)562-4504 matthew.iackson(�a,mvclearwater.com PROFESSIONAL EXPERIENCE ❑ Planner II City of Clearwater, Clearwater, Florida May 2011 to Present October 2008 to June 2010 Regulate growth and development of the City in accordance with land resource ordinances and regulations related to community development. Landscape plan review including: conceptual, and variance. Reviews and analyzes site plans and conducts field studies to determine the integrity of development plans and their compatibility with surroundings. Interdeparimental 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. ❑ Planner I Calvin-Giordano and Associates, Fort Lauderdale, Florida May 2005 to December 2007 Project manager for various development applications such as plat, site plan, rezoning and variances. In-depth government agency, in-house and client coardination to ensure that the projects maintained submittal schedules stayed within budget constraints and attained approval. Schedule and lead project kick-off ineetings, ensure municipal project conditions were resolved, produce supporting documents and make site visits as well. Research and prepare due diligence reports including subject matter such as zoning, land uses, densities, available public utilities and land development costs. Member of emergency mitigation committee formed to prepare and mitigate for natural or man-made disasters affecting Calvin,Giordano and Associates and local municipalities. ❑ Manager Church Street Entertainment, Orlando, Florida September 1999 to February 2004 Supervised and managed daytime and nighttime operations of a bar and nightclub entertainment complex including 100+ staf£ Conducted hiring and training operations including security and inventory control. Managed and reconciled nightly gross revenues as well as preparing and delivering deposits. Assisted in taking inventory and preparing weekly inventory orders, marketing and special events. ❑ Linguist USArmy, Fort Campbell, KY October 1991 to October 1995 Maintain fluency in the Arabic language and knowledge of customs and culture as well as military readiness for possible deployments ar training operations. Co-managed intelligence gathering operation in Haiti including coordination between multiple Special Forces units and civilian authorities. Interpreter between U.S. and Egyptian soldiers during training exercises. Liaison between Special Forces battalions to coordinate certification training. EDUCATION ❑ Master of Arts,Urban and Regional Planning,Florida Atlantic University, 2007 ❑ Bachelor of Arts,Urban and Regional Planning, Rollins College, 2004 85 s PAPAYA ST , �� , H � 441 , v 2 "o � �1—4— at 432 Z�s 425 � ° 430 — — ? ? ��_� ; 40 �9 3 423 3 _ — � _6— ' 39— — 4�$ 4 — v I423' y io I 38— ; 429 5426 � 4l� _ �5;z' s� _ _ Q �s W � — _— — — 413 t3 � 2a�m � 411 14 '4 36 � �422 O � - - - 9.66 Ac�c� 4 15 � 423 8 I (/Zj � — - - — 40716 Z 423 h \`J�a 403 87 ' 34 Q � vU8 Q �1�9 _ _ _ 40��y o �11 399 20 33 L �o � 409 �o 400 � — — — — — — — — — — I �- - - 32 I 11 406 405 11 ��25 31 ' — —'Z— — — —12 — — — 30 400I 13 403 � 26 _ _ _ — _ — — 13 — — — — � _27 29 ' 14i00 401 14 tii�/� — J so � � 6° � 390 391' � 30 � 4 I I � O' S �- � � s � 9 — — — — — — — 201 3 (is) � � I I60 I ' h 30 � � � 8� I 2 I j O m � � � � � � .. pp __-_____—_ –--- Zs i ► i 59 �� i i � — �„ ,o � � i3 ' iz � L5606 � I � � L � 1 I I� _ _ _ _ _ 1 _ _ � _ _ _ _ _ _ — � I � I — — — — — � � i i I 1 i I I EXISTING CONDITIONS Owner: 387-391 Mandalay Ave, LLC Case: FLD2012-05010 Joseph Kokolakis, Managing Member Site: 377 8�387 Mandalay Ave Property Size: 0.37 acres PIN: 08-29-15-02592-001-0260 Atlas Page: 267A 08-29-15-02592-001-0230 KENDALL �uanda Z � �a BAY ESPLANADE " � � � y � c z z ROCKAWqY P $W P Ambler ❑ BAYMONT ST SKIFF pO�NS w ,,, � � � Q Q o � SAN MARCO � � W � � O � oo�py�N v pOINT O PAPAYA ST ¢ W � PROJECT DORY PASSA Z Z SITE D 0 Pier gp O a c° Causeway Blvd �a �a� WINDW � DEVO , mJ S � � SECOND �FV y� ST �� DR ��/ 7HIRD 3 sr w � � o 0 � Q C� Z O � O V� BRIG{.�T WATER DR FIFTF{ ST LOCATION Owner: 387-391 Mandalay Ave, LLC Case: FLD2012-05010 Joseph Kokolakis, Managing Member Site: 377 8� 387 Mandalay Ave Property Size: 0.37 acres PIN: 08-29-15-02592-001-0260 Atlas Page: 267A 08-29-15-02592-001-0230 44 435 a a a Q � 947 � 433 y s 431 432 436 � a 425 430 I ? ? 429 � ; 427Meter �9 423 Q 428 �` 423 J ; 429 426 �. 419 Q 415 � Q Q T � 4,'; � 422 O 409 (' 423B � � 407 = 423A h d 3 411 483A � 408 '� 401 .V 399 409 400 ��i�� ao� aos ■391 � I � ■��°i � I �387 __� 400 i 403 �383 � — � �381 � r 377 � I 400 401 nl��— � —� -� 390 391 �---- / I � / I' Zo� I CAU EW YBLVD � � I -- — � �--- �l � 0 ^ P _.--- B, - br � � a I N I P ZONING Owner: 387-391 Mandalay Ave, LLC Case: FLD2012-05010 Joseph Kokolakis, Managing Member Site: 377 8�387 Mandalay Ave Property Size: 0.37 acres PIN: 08-29-15-02592-001-0260 Atlas Page: 267A 08-29-15-02592-001-0230 �q � � �- _ y};,',.'. �� '1'!� �1'" �IIMM�!! +�� ai� � � ' � z � � ' �'�� „� ° z ' .. r i ?::' ± � fy,.. . � 1 � a � �F p "� � � � 9 �.' � ` .. �.. � � �� M � � �. .`. � , ,� . . � ',�: '�'° ,5 "� � ,J' �� LL��i0. �� # ��; , ` z ? � � �� ^`� � ' � � •"":o�� , ..- ��, � �� ` < ��, ""� �' ��.=r ° J c�.. ;:� �'� 'l�,,,,� � . � �� s i �t � �Ib � �• }.—� J� k r. > �„ r.. 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'�-`��;`'a� ��#�'i"� °�'x� ��, `�$�� . .. * � �.�. • �t ,,�� v�, � 4 � > � ,��w�e s �.ae t�/t .. , !� ��i�� <'�� . , � 4 � w A: . x �. ,, „ �� ) dilM � / '� » $ � , , # . , . . 1 9 � a ;� � • � " �! �! � #,i � �,� ,. �� , _..�.._...-� ±II" �� _»� �a ° � � �,t4�"� ' �� '"�.�`' "'�'�. �. . _ $ ., , , .w � �[ - _• . �" # �� ,:. �,_.�_ �_. �,� �� ` ^� � '� � � "�� ' ��1�_ �[F , �? l 1 yr b�$ � { f�[�. ,. � � � � � �, i' A �'L �� M.�4{.:�3�,�� !� 1::. �4 �� s'A � a �� "� V I "� � ��s�� ` � �r;, '� ' s � AERIAL Owner: 387-391 Mandalay Ave, LLC Case: FLD2012-05010 Joseph Kokolakis, Managing Member Site: 377 & 387 Mandalay Ave Property Size: 0.37 acres PIN: 08-29-15-02592-001-0260 Atlas Page: 267A 08-29-15-02592-001-0230 ''} �6��1 �4�� '. 3v �,« � T #n- „"'��_ ,[�// ( � . ��{�G� yvtl �,d�" .�l'� !„ �=' � -. %'"'�'r'� ' �� . '.�� . �'��` )riF� ��'�F �. .�Gn � . r�t —j � �'_s..`. '� �� :� ... .�. ,. r� � :., 9fL, �. � � �- ' ,a.R. �i' t ... �ti�'3� —.__ �"�:: � r �t.�. � ...d ... 0.PyJ �,�. .. �{„ . ,��:. . �'� � • �� - ��'• r V .,. e ', - � . � , i' , �}.+�r�� 1��, yt,:; � �,�.l "'� � � i�. k � rri � , 1 � �� . � �� ; � � � � �� , r:. , _ ._,,,�; � � , ; �,, �,�,�,,�, '� ~.� �'" ��:�;i:: � � "�, �-� ��'�" W,r+. "r.._ , py ' . "�'"� .., t L`' . •!'�..� , . �.:t�,e�k t�..-. 4 �, . -• ,�t`.a., " *.;,,.�_ Y:'4�:. t..�..x'C � � �' �,��F� , .,° `��;r � - "�.,, � � ai..m'�} . �, _ ._ �. A t Looking NW at the subject property from Causeway Looking NE at the subject property from Causeway Boulevard. Boulevard. � � �:� ` � `�_'�'.��i�� __.. _ _ , � �. z , _; , ' _ ., . � , ° -- -.. _ L "—__ h��4 �, ..� - _ ` 4 : '= � r � ��4 �� _ � 3: ,�.�� - - �, � �� s ��, r. • - o-� . i� � s.i� _ : ,., . , �- - _� � . ,� ,� ��_ - " � , � �� ' ,�f�1 ,�.,.� t �r� 4 . � �� aottuun �`i��''.�.� Mk . ' t�" r� �� ,- � 1� r � , �.,...._ r t . �� .... ., ��i ,.,.. t� � ,, i,.y:;tElD � A� (� � ��_ m � � • i� �' � ' ; ��'{y4'��4 .. '' . �� . ,� � ��(, . �'-;a �•.. . P� � ��µ ' F � '� � Y s 5 .� i -- � . -. ..� ...�.�..w. ...._� . .. . n`.T'. " ' ..,...,.i.«a• � �._ _... ._. . . �.. ' .i»:�a...t... .,.... w.m.... ��'" - � - - "`",."`" � °� _ G �. i.. �^ '� � , ^ . .. : .�_ •._. w I _ —.. .. ��-- .. � .,�. . . . . . �.. �}.pv. � "�,i,�`e: ... .. . . _ Looking N at the subject properiy and surrounding properties Looking E at the subject property from Mandalay Avenue. from Causeway Boulevard. 385 Mandalay Avenue FLD2012-05010 yi . , � �� Planning Department CASE#: �' RECEIVED BY staff initials : , �!�� 100 South Myrtle Avenue DATE RECEIVED: ) �� Clearwater, Florida 33756 -°�,....✓'4,,,..�°...,�"`ti..r""w,,...�r'� �.;� '�.:.:-�,..,�:...�~�..� Telephone: 727-562-4567 "°�w.,�'`*�<...�'�,.,.�'�...:�~�.,...-"`��,.,.�� 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:$200.00 U SUBMIT APPLICATION FEE$ '� NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICATION Coinprehensive 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: 387 - 391 Mandalay Ave, LLC (Joseph Kokolakis, Managing Member) MAILING ADDRESS: 202 E, Center Street, Tarpon Springs, FL 34689 PHONE NUMBER: (727) g42-2211 FAX NUMBER: (727) 937-5708 � CELL NUMBER � `_ EMAIL: joseph@ jkokolakis.com PROPERTY OWNER(S): 387 - 391 Mandalay Ave, LLC ListALL owners on the deed �� Housh Gfiovaee, EO AGENT NAME: Northside Engineering Services, Inc. Renee Ruggiero, Senior Project Planner MAILINGADDRESS: 300 S. Belcher Road, Clearwater, FL 33765 � PHONE NUMBER: (727) 443-2869 �y v FAX NUMBER: (727) 446-8036 ` ^ � ^� CELLNUMBER: (727) 235-8475 EMAIL: Renee@northsideengineering.net B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) PROJECT NAME: 387 - 391 Mandalay Ave, LLC PROJECT VALUATION: $ 1,200,000.00 STREETADDRESS 385 Mandalay Ave. and 387 Mandalay Ave. Clearwater, F1 33767 ��; PARCELNUMBER(S): 08-29-15-02592-OOi-0260 and: 08-29-15-02592-001-0230 � ---_.....----------------------------—___�—.�....----_—_--------_..__, PARCEL SIZE.(acres): 0.185 (385) 0.185 (387) PARCEL SIZE(square feet): 8,074 Sq. Ft. (385) ! LEGALDESCRIPTION: See Attached Legal Descriptions 8,079 Sq. Ft. (387) PROPOSED USE(S): Retail/Restaurant �� — DESCRIPTION OF REQUEST: See Attached Narrative Specifically identify the request �—" — finclude number of units or square ' footage of non-residential use and all requested code deviations; e.g. ��-� -- - reduction in required number of -.__._.------------- --------,------ ----__----__..T__.---....._..___...�__.__._------------ parking spaces, specific use, etc.) C:\Documents and Settingslderek.fergusonlbesktop\planning dept forms 07081Comprehensive Infill Project(FLD)2008 07-11.doc Page 1 of 8 .j DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNI DEVELOPMENT,OR A PREVIOUSLY APPROVED(CERTIFIED)SITE PLAN? YES_ NO X (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(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. See Attached Narrative 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. See Attached Narrative 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. See Attached Narrative 4. The proposed development is designed to minimize traffic congestion. See Attached Narrative 5. The proposed development is consistent with the community character of the immediate vicinity of the parcei proposed for development. See Attached Narrative 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. See Attached Narrative C:\Documents and Settingslderek.fergusonlDesktop\planning dept forms 0708\Comprehensive Infill Project(FLD)2008 07-11.doc Page 2 of 8 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 deuelopment or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district. See Attached Narrative 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 See Attached Narrative 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. See Attached Narrative 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. See Attached Narrative 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. See Attached Narrative 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 pianes; ❑ Use of architectural details such as columns, cornices,stringcourses, pilasters,porticos,balconies,railings,awnings,etc.; U 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. See Attached Narrative C:1Documents and Settingslderek.ferguson\Desktop\planning dept forms 0708\Comprehensive Infill Project(FLD)2008 07-11.doc Page 3 of 8 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 appiications that involve addition or modification of impervious surFace, including buildings, must include a stormwater plan that demonstrates compliance wifh 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 atljacent streets and municipal storm systems; ❑ Proposed stormwater detention/retention area including top of bank,toe of slope and outlet control structure; Cl A narrative describing the proposed stormwater control plan inciuding ail 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 C�' ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS(Applicant must initial one of the following): _ Stormwater plan as noted above is included - HG Stormwater plan is nof 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; N/A Per Rick Albee — No Tree Exist on Site ❑ 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 appiication,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; Please See Provided Parking Study ❑ GRADING PLAN, as applicable; ❑ PRELIMINARY PLAT, as required(Note: Building permits will not be issued until evidence of recording a final plat is provided); N/A ❑ COPY OF RECORDED PLAT, as applicable; N/A C:1Docurnents and Settingslderek.fergusonlDesktop\planning dept forms 0708\Comprehensive Infill Project(FLD)2008 07-11.doc Page 4 of 8 G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) ❑ 51TE 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; ` Alf requlred sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, inciuding description and location of understory,ground cover vegetation and wildlife habitats,etc; Location of ail 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 ail 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; No outdoor Lighting Proposed at This Time 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: EXISTING REQUIRED PROPOSED Land area in square feet and acres; Number of EXISTING dwelling units; SEE SITE DATA TABLE�� Number of PROPOSED dwelling units; Gross floor area devoted to each use; -- -- —__..__ ____ — Parking spaces: total number, presented in tabular form with the W u � � number of required spaces; Total paved area, including all pavecJ parkiny spaces & 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 Y2 X 11); ❑ FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: N/A Less Than an Acre 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 walis and earth berms; Lot lines and building lines(dimensioned); Streets and drives(dimensioned); - Building and structural setbacks(dimensioned); Structural oJerhangs; C:1Documents and Settingslderek.ferguson\Desktoplplanning dept forms 0708\Comprehensive Infill Project(FLD)2008 07-11.doc Page 5 of 8 H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) Per Robert Tefft Landscape Comp Infill ❑ LANDSCAPE PLAN with the following information (not to exceed 24"x 36"): Not Required 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 piant 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'/zX 11); ❑ COMPREHENSIVE LANDSCAPE PROGRAM application, as appiicable. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. N/A Per Robert Tefft — No Comp Landscape Program App. req'd as zero setback provides no landscape a a 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'/2 X 11 J, SIGNAGE: (Division 19. SIGNS /Section 3-1806) No Additional Signage Proposed At This Time ❑ AII 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 inciuding location, size, height, colors, materials and drawing; freestanding signs shall inciude the street address(numerals) ❑ Comprehensive Sign Program application,as applicable(separate application and fee required). ❑ Reduced signage proposal(S'/�X 11) (color), if submitting Comprehensive Sign Program application. C:1Documents and Settingslderek.ferguson\Desktoplplanning dept forms 07081Comprehensive Infill Project(FLD)2008 07-11.doc Page 6 of S 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) reportabie accidents within the prior twelve(12)month period or that is on the City's annual list of most hazardous iritersections. 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 DepartmenYs Development Review Manager or their designee(727-562-4750) Refer to S�ection 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 inclutletl.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 tna,Scoping Meeting. HG '1'��:�_s application , _ ` will ___ Traffic Impact Study is not required. -------�"- - not trigger the above items 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. HG Fire Flow Calculations/Water Study is not required. CAUTION — I� �NPLICATION REVf�W KESULTS 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 at(727)562-4334. M. SIGNATURE; I,the un rsigned,acknowledge that all representations made STATE OF FLORIDA,COUNTY OF PINELLAS in t a plication are true and accurate to the best of my Sworn to a d subscribed before me this��" day of kn I ge and authorize City representatives to visit and `� ,A.D.20_� '�.,�. to me and/or by p oto.raph the property described in this application. ��F ;Q '�,�ho is personally known has � produced i as identification. — ----- �� °��"� ------ _._ ..—_.__------ ---- �._'_._ __ S' nature of property owner or representative Notary public, — My commission expires: �1,��a�� „�/,� r �o�»aY•:*B<n RAM A.(iOEL a�rvr, �.•, C:1Documents and Settings\derek.fergusonlDesktoplplanning dept forms 07081Cq�n sEv��nfil)bl'��I��1��08 07-11.doc Page 7 of S L;,'r�F,��:May 3,2014 NlqjFO�FLO¢-PP Bondetl l hru Budget Notary Services �s N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed-PRINT full names: 387 - 391 Mandalay Ave, LLC 2. That(I amlwe are)the owner(s)and record title holder(s)of the following described property(address or general location): 385 and 387 Mandalay Avenue, Clearwater, FL 33767 3. That this property constitutes the property for which a request for a:(describe request) Re-approval of a Comprehensive Infill Redevelopment Application for the previously approved development (minor increase to project land area and gross sq ft of building) 4. That lhe undersigned(has/have)appointed and(does/do)appoint: Housh Ghovaee, CEO and Renee Ruggiero, Senior Project Planner - Northside Engineering Services as(his/their)agent(s)to execute any petitions or other documents necessary to affect such petition; 5. Tha(this a�davit has been executed to induce the City of Cleanvater,Florida io consider and act on the above described property; 6. That site visits to the property ar ssary by City representatives in order to process this application and the owner authorizes City representatives to visit and p o ph the property described in this appiication; 7. That Q/we the un n horit ,hereb 'ng is true and correct. Prope er Property Owner � Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersigned,an officer duly commissioned by the laws of the State of Florida,on this �-� day of ,��?� , oZ�%�L personally appeared 4/�'�./��a� e�/�-G�� L�i��iJ who having been first duly sworn Deposes and says tha �e% he fulty understands the contents of the a�davit that he/she signed. NOTAItY PUBLIC-STATE OF FLO�IDA """- Darlene F. Hanson ��:Commission#DD784313 '-.�,;`Expires; JUNE 11,2012 ,�� `r soND�Txxu nTT.nxTTC aorrou,rG co.,INc. Notary/Pub'c Signature Notary Seal/Stamp My Commission Expires: [_._ �- ,t. // �- `�/� C:\Documents and Settings\derek,fergusonlDesktop\planning dept forms 07o8\Comprehensive Infill Project(FLD)2008 07-11.doc Page 8 of 8 �.�.1�""T.�T'"� F�, � � .�,#.��"I� �1 �� '"I I:� �1 � �lla �QtfE;f` WI�� SG'CVG-� c1S c`�-LIf�IC�CI�c��IQCI fQ�� "�CiLI,�''a�l �'��f:�1t�� (agar�k i^lani�) with Nc�rtl7sicl� �1� in�erin ��rvic�� lt�c�. to �ct a� �r� ��t far �. I ,'rc , +Y;^ d , �,t�� 6 � � � , . . . .i .„ ,,... � .� ) ; � � r�( r7� �„'�<'"Pa .r9�,� �C f.., ,�,',...k �.. :� �... W {I�rc��rty c�v�mer'�Nair��} .'..�.�..K. /�i�cl t� �x�c��te ��y ��7d��II �d�curn�nt� ref��c��a se��,��i�7� ��rmit� �tad� �ppr-�vals far tr�a ��nstrurti��c�� r� tl�� prc�C�er#y g��e�'�Ily I�c�t�d�� ?9'� anr,.i 3fa'7 l•I�rtdal,�yr A;r�t�ua, C'3��z;tv�t:�z'. �s".� ;�:�7F;7 _��..�....w.._.;_..m ____- ._ (['ronerty La�aiion) PINF_LLAS Co�irrtyr-�t�k� e�f FLOf'�IL��. __. .. _. _. �._ ... ; _.... � ,.- , ,. . � ... '.`-.. f::.. ` ... _ � / / , t --.-�`��,::,.,.-a;-.'�t��,� `�«......,....L�L'.S�.f'�;�t'�4"r' �.. � � Signat��(t�e �f�'rop��rty C�wner P��i��t t��r�ti�..a�f F��rap�rty C�w��er�> , � , � �,. w � r ,.,.,r r ;r e _, � f � , ,,, � . � .:�( � .:�.. . . �r'�.. f'-�.�.:-,....-,«....� ��...�..J.«,,.«�i.....,��..,�..-�,,...�»�..»,w. ..,�.�,..,.,......,�,.,,.,u«,«w.��`�:.��.�:.......—...........t.`��X �'�� (,�r"f. . """'^'-L:.,. � ncldress of C�ro��erty C�w�7�r Titl� � . _ , . . � ,n '�K j ,r�.. � .,� F �Lr 3 �"� } ' � , � ,.��. �� }-� � � � , , � , ,.: , .___.�.�_�:W._�..,� w.�....� r � • - CitylS��aielZi�� Code " � � T�I��li�crr�� IV�iml7�I- 5��ikc� of '! .� ��:�, a � __l�l�,�.}_+�:;�._..._ Thc �rar�gc�ln� ii�st��uifi��i�t w��a�:Itn�4�I�G1s��G��frar�rt�� tl7i� 4�. �� ,��I�y� � co�nty or (`�,��!t ,,t:,�,.`:� c�r_1��(�?�' zo tl_, ��y� ` " ��..1 l �,�tu�f� ,_`� G,s L�.�..�.� ' � ��td:. . . . w�� t '-F ^ �_._:...�.._°� . ' a ' '�ti �t �� ___---�-----_ �_-' . � ,•� ��E v,�hc� l�(��rsai7�lly I<iiown tq'r77e�i��v�i��h�s��r�Qduced ��id�ntificatic��i��i��l_av17u cli! (�licl nc�1�)t��ks�t17 c��lf7�. � ,.r � � ,� �4 �,� � � �� i ,,,, � �i�� °? , �,, � . , � �.. ,,,, � , �) ;?t,i'? %- � �� ,. r,�:,,., .�� ,: >>,�.t,�,, --- � 1 ��,, a, . ��:�,.;��r.m._.�.___.�m.._..___,,,.,.1�ls�k�t�� r-�t.�1��lir^ (Sit�i7�tui e) r' , �w,.�.,� [ r (�c)IllilllSSlqft #f ,.�_� �fiY�_.� � � Ti� 1 !! � � (5��1_ EaC-3UVf�) _____.�_.�..�_..�_..�.._..___.�... �Nar�� f(Vc�t�ry-�Ty��ci, f-"ri��t��l c�r-St��c�) r#• 20 ,0327778 BK: 17093 PG: 1556, 11/19/2D10 at 02:97 PM, REGORDTNG 2 PAGES -�28,50 D DOC STAMP COLL�CTION $14000.00 KEN Bt1R�C�, GLERfC'OF COUF�T ��NELZ,AS GOUNTY�, EL BY DEPUTX CLERK: CLF47MC3 r ;�f t � � i � � i � } PREPARED BY ANU RETURN TO: �--� � STEPHEN O.CpLE,Bsquire - � ,'. Macfarlane Ferguson&McMullet� ,';'`.�� , G25 Court Street,Suite 200 ,' � , Post OfTice Box 1G69(33757) ��' Cleanvater,Florida 33756 �' ,,-' `.. ,:; .�� ,, � i ss , : , , _ , � � ,` , �° � - i �__� WAFtRA1VTY DEED � � ',' � , � , . , , �': . , THIS II�IDENTURE made this�`"day of t+Iov�m�r, 2tJt tl,between KI?HW,LLC, a ` '-� %. < . Florida Iin2ikcd liabi3ity cQmpAny,]taving its prit�pipal place(of business in the�o�of I'inellas;� State of Florida,Party of the First Part,wt3ose mailing addcess is: 10 Bay�splanade,CGlcar�vater,� , � . FL 33767,of the County of Pinellas,in the StaEe of F'lorida,and 387-391 MA1vI�A,�,tkY�A.'t?ENIIE, � � , � LLC, a Ftorida limited liab�iity comPany,Party of ttte Seco�d Part;,w�ose�m€�iling address is: ,'�.-. �� , ; 202 East Center Street,Tarpon Springs,FL 34583, ,' � � �� , � , r� , , � � 7 � ! t / WITNE�$`BBT,I�:; �.'_ ,�. That ihe said Pa�ty of tba Ficst�'�rt, fd�a�ci in consideratitin of the sum of Ten Dotlars ($10.00) to it in hancl paid by the,said Pait�r of tria Secflnd Part, the receipt whe�of is hereby . acknowler3�ed, has granted,6asgain�d ac�d�sold to the said Fazty of the Second Park,forever,t}te following described landj siivate lyinga��baing in the County of Pinellas,St�te of Flanida,to-wit: � , � � � � , Loks 26,27 ahd�28;B�oEk�'vf BAF2BOUR-M�FI2v'r�SUB�?IVISif)N,according ta the rzfa]r-or-pint f�terevf us recorde�l in Flnt Book 2:,��age-e5,public records of Pinellas Countx;�farida._; Sufi}ect 10 29r1.real estate ta.ees,restrictians,reserva�rons and easemen2s of record. . �' �`,Parcel I�D!No. OS-29-15-02542-001-026Q „ And the said Periy of the Pirst Part does hereby fully warrant the titte to s�id latxi,and wifl defend the same against the IawPul claims of all p�rsons rrhnmsoever. - �INELS•'i5 COUNTY FI, OFF. REC. BK 17093 PG I557 „`� � i � r � � � i ��'—.�._ .i i IN WITNESS WHEREOF,the said Party of the P'icst Part has caused th�se presents to be _ -,' �� signed in its name by its Manager Mamber,the day and ysaz first aim��e written. ,';:''�� 4,; , ,, , � , j Signed,Sealed and Delivered KDHW,E.LC,a Florida timite�!lialaility - '� '; -' _ . . in Qur Prese ce: ' company ,' �� '� ` � '< , _. � , -. , , � . � �. it � ` �' �- � _ �y:� � > ' ---, (s�At,> , � „ , , , � rint Name �� /�'• � �u/�_; Kenneth G.Hamilkon,Manager Member _ • • __ , `.� � I,�f ,' '\, A � , „ Priat Name 4. O. r,� , , , , „ ; : 5TA'T�Or Pi,OKIDA COUNTY OF PINELLAS � � � � � 4, `,, ,' I HEREBY CERTIFY fhat before me personally appe�ed �NN�'I`H� 'G. HAMILTON,as Manager Meaiber of KDIiW,LLC,a Flareda�iiYuited ti��tiiity compstny,to me [ }Q personally known or [ j �vho has produced ` ' as identification and known to Tne to be the person descriUed in and�rita�xecut�d th�fpregoing instru- ment,and acknowledged ihe execution thereof to be t�is fre�aet and deed aS�uc�manager,fnr the uses and purposes iherein expressed,�nd the said'u�sirwnenG i�the act anil c�eed 6f said company. � , � , `� � , WITNESS�i�y lxand and ofFicial seal at Gl�an�vafer,4saiii�Gaunt�ahd State,this L�'�tiay vf November,20I 0. � ' -- , , .,. . � ��l.l i.�� tt , � hO�tiTJ✓Pltt71F� . . �P�int Name __ My Camnzission Expires: , � _ . ;', `,`� •,> � , � � ` � � ��.r��+� Nots%Pob13c 6tate et Plarida . � � {� 8tephRn O Cok . . i c� � My Commfsfitxr DOY202A<� -_ �F� �lU9.'9t�Q72 i1 _ ` � ' �` `� �, �\� �� i � .\� _ h:W44eFbo��wlokdJ:hlrviuFyd d.dz � I�: 2�10132952 BK: 1691A PC: 2510, 05/13f2020 at 41:16 PM, RECORDiNG 1 PAGES �10.00 D DOC STAMP COLLECTION $8400,40 .KEN BURKE� CLERK OF COURT PI�ELLAS COUNTY, FL BY DEPUTY CLERK: CI,KDM08 /,1d0.(,c��, -=t.. r - PREPARED BY$PLEASE RETURN T0: '�' DAVID BROWDER JR.,ESQ. `t �� 305 S.DurrcAN Ave. `, '� CLE4RwArER,FL 33755 '-` ` _ ;`, � '�` `�*4 \� \ i�� < i / �AITPItl�j(�@�R� �. • THIS (NDENTURE, EFFECTIVE 7His�DAY OF MAY, ,'�, ,� `\` �` , 20)Q, BErn�� HOMER RROAERTtE8, fNG., FoRrr►eR�Y KNOWt�As HOMER REALTY G(3MPANY,A Fl4RiDA C4RF�RA'i�N,tNt109E ADDRESS IS: 2$48 �` ' `•�•� ', WESLEYAN DRIVE, PALM HAR9C�f2� FL 34$84> FiEREiN REFERRED TO AS "�RANTOR", AND 3$T-391 � � � � , MANDALAY AVENUE,LLC,A FLQRIpA LIMCI'ED L€A8t3.JTY GDMPANI',WHCtSE APQRESS�S:2Q2 EAST CENTER,�`,; `', � ,'>� STREET,TARPON SPRIN�S,FL 346�J,NEREIN REFERRED TO AS`GRANTEE�. ,'i�� - WITNESSETH rw�r Ttte snio cwat�oft,FOR AND IN CONSt�ERAfilUN OF 7HE SUM OF TEN DOLLARS($�Q.QQ�� ,�`3 AND OTHER GOOD RND VALUABLE CtNJSIDERATiON TO SAID G17ANTOR IN}�Wd PqIQ BY T}iE SA1p GRAI�T��,T}{�`� `, � � RECEIPT WH�REOF IS HEREBY ACKNOtYLEQGED,HAS GFtANTED,6ARGAtNED ANp$OLp 70 THE SAIp GRqNIEP,AND � GRANTEE'S NEIRS AND ASSfGNEES FOREVER, TNE FCH.LQWING DE9CRIBEQ LAP1D,SlTUATE,LYlNG AND 8E1NG IN ^ PINELLqS COfJN7Y,FLORIQA,TO-WIT: . �, , ,. r � LOTS 23,24,fwo 25,BLOCK A,BAR60UR-MORROW SUBflIYtSipN,a� � � �+�o�r,�To-�€t�o� PLAT THEREOF AS RECDRDE4 IH PLAT BOQK 23, PAGE 4�3 DF 7HE"f?UBLlG FE''��10�FINELLAS Courm,F�oRion. , � , � PROPERTY APPRAISER'S PRRCEL#Q�/29/15Ifl2592/fl01102�Q'~—` l i``^� `� �, ' � �� , � , '� � � � � � AND SAID GRANTOR DOES HERE9Y fULLY VYARRANT TiiE TfFi.E'�TO�SklD,LAND„�tt;p V�iLI pEF�Fip 7}�g SAME AGAINST LAYYFIJt.�AIMS OF ALl PERSpNS WHOt,A50EVERt��iS U.�`iEp 1N.TF#l81N3TRbMENT'TNE Wf1RDS"GRANTQ4" AND�GRANTEE"ARE USED FOR BOTH SINGt1LAR ANO PLl1,RAL ASdjiE CQNFE�?fT REC1UiRES. : IN WIT�JESS WHEREOF,GRANTOR HAS HER�U�TO�SEY�SRANTOft'S ttANt7 ANp SEAE TNE QAY AND YEt�R FIRST ABOVE WRITTEW. , � � ` ' � ' .,.:i' .., SIGNED,SEALED,AND DEUVERED 1N OUR FRESENGE: _L ` ` � HflMER r ROPERTIE�,fNC. Wr�" D.av�D wp � � r-- `�"Q, ' ` � BY �''`-_.--„" E55: ATRI� R.a�EO��--�� ROBERT C.HQ �R,PR�S�oFN� � -'_ GR,4laTQR STATE OF FL'9RIDA`�---�,;�, COUNTYpfiPfN�IL¢S �' - � � �, THE FOF2EGOIN� INSTRUMENT wns nc►cr��pc,�� e��or� Me mis�� AV oF Ma�, 20f0,`&Y R � �O.HQ AS ARESIp�NT a�HQM�a pROPERTIES,INC.,A FL��DA Ga�oRqnpN, WHO I5� �RSONA,�LY 0 ME OR WHa IfAS PRO�UCED ,qg IDENTIFiCA710N gN 0 ACKIVOWLEDGE� TO R4E THAT HE EXECUTE[} fiHE �OREGQiNG F4R THE PURPOSES EXPRESSEQ THE . �frl�/� NOTARY PUBLIC,STATE Or'FLORIDA Pr1Y COA9.Ml551pN EXFIRES; NAtrte: My Serial No.: �'�k� �o�� '��v�w'a�* LEGAL DESCRIPTION'S 385 MANDALAY AVE. (DEVELOPMENT SITE) LEGAL DESCRI PTION LOTS 26, 27 AND 28, BLOCK A, BARBOUR- MORROW SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 45, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. 387 MANDALAY AVE. (LOADING ZONE LOCATION) LEGAL DESCRIPTION LOTS 23, 24 AND 25, BLOCK A, BARBOUR-MORROW SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 45, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. ' ' �_��.. Gulf Coast Consulting, Inc. ��.,� w . � � Land Development Consulting {?:�k�" ` Engineering•Planning•Transportation•Permitting �,� � ICOT Center A� 13825 ICOT Boulevard,Suite 605 Clearwater, FL 33760 ��Ya ='�: Phone:(727)524-1818 Fax:(727)524-6090 June 8, 2012 Ms. Renee Ruggiero, Sr. Project Planner Northside Engineering Services, Inc. 300 S. Belcher Road Clearwater,F133765 Re: Hooters at Clearwater Beach—387 Mandalay Avenue FLD 2012-G�i�10 P T' G Dear Renee: As requested by the City of Clearwater we are providing this ledger of the cumulative impacts of the development projects recently approved by the CDB. As you know there have been several projects a��roved with flexibility to the code parking requirements as a result of the unique characteristics of Clearwater Beach. Those being that most business customers are not making trips to specifically visit the business, but are beachgoers that occasionally patronize the nearby businesses via walking, and therefore do not generate additional parking demand. The attached spreadsheet uses the study conducted by Gulf Coast Consulting (GCC) in December 2011 as a baseline. This is the most recent analysis I have done where the parking demand was visually observed on a weekend. This analysis was completed for the Walgreens project (#400 East Shore) and is on-file at the City of Clearwater. It considered parking in several municipal lots and the Hyatt Aqualea garage which is open to the public. The spreadsheet documents the erosion of available public parking by the various approved projects but shows a substantial amount of public parking spaces being available. Please submit this letter report with the attached spreadsheet with your other materials. Since , � �'1� Ro ert Pergolizzi, P Principal Cc: Joseph Kokolakis (w/encl) 11-018 ,. � PARKING CORRSUMPTION LOG CLEARWATER BEACH NET LOSS OF BASE SHARED ACTUAL ACTUAL DEDUCTION REMAfNING PUBLIC CODE CODE PEAK PROVIDED FROM PUBLIC PARKING SPACES REQUiREMENT REQUIREMENT DEMAND ON-SITE PUBLIC SPACES BY PROJECT BASE PARK(NG SUPPLY 1040 BASE PARKING OCCUPATION 348 AVAILABLE PUBLIC SPACES 692 CORK 8 BREW(516-524 MANADALAI�` 24 14 14 6 8 684 WALGREENS(400 EAST SHORE)" 92-115 92-t t5 70 27 43 641 33 608 UNiON BURGER/COFFEE CULTURE(454 MANDALAY}"* 30-64 30-64 36 0 36 57Z HOOTERS(387 MANDALAY) 74-148 73-146 93 3 90 482 NOTES: BASE PARKING SIUPPLY INCLUDES MUNICIPAL LOTS EVALUATED IN A DECEMBER 2011 ANALYSIS BY GCC BASE PARKING OCCUPA710N IS THE PEAK DEMAND PER THE DECEMBER 2011 STUOY BY GCC AVAILABLE PUBLIC SPACES IS THE DIFFERENCE BETWEEN SUPPLY AND OCCUPATION AT THE PEAK PARKING HOUR WALGREENS PROVIDED 27 SPACES(21 ON-SITE+6 ON-STREET SPACES)AS PART OF THE DEVELOPMENT THE REDEVELOPMENT OF MUNICIPAL LOT#63 FOR THE WALGREENS RESULTS IN A LOSS OF 33 PARKING SPACES CORK&BREW APPROVED BY CDB ON 3/20112 WALGREENS APPROVED BY CDB ON 4/17/12 UNION BURGER/COFFEE CULTURE APPROVED BY CDB 4/17/12 � Civil Land Planning , C}ue C?iligenee Reports Fte-Zoning,Land Use,Annexatinn �>�r� �?,� " � � , Storrnwater Management � Utility Design Tz°atfic 387—391 MANnALaY AvE,LLC Constr�uction Administration PROPOSED RESTAURANT/RETAIL DEVELOPMENT 385 MANDALAY AVENUE NA�TIVE Description of Current Request (FLD2012-05010) The Applicant, 387 — 391 Mandalay Ave, LLC. proposes to modify the previously approved development plan (FLD2011-06022) to include a slight increase in the land area associated with the site. The requirement of the Health Dept. to enclose the rooftop kitchen has been the primary catalyst for the requested modification as the required action increases the gross floor area of the building. The primary points of discussion within this narrative (as prepared for the previous approval) are still relative; the means by which the project meets the criteria and standards of the Land Development Code still apply. The information below such as the site data information has been revised and updated to reflect the new proposed land areas and floor area, many areas of this narrative remain unchanged. A minimal increase to the gross floor area (514 sq. ft.) is proposed with a slight increase to the land area(483 sq. ft.) coming from the commonly owned site to the north. The development consists of a two story restaurant and retail development. The subject site is primarily comprised of three lots and is bounded by Mandalay Avenue to the west, Clearwater Beach/State Road 60 Roundabout to the south, with commercial developments to the north and east. The site is located within the Retail and Restaurant District of Beach by Design. Specifically, the Applicant requests flexible development approval to allow the retail and restaurant development with: a. a Lot Area of 0.19 acres (8,557 square feet); b. a Lot Width of 74.95' along Mandalay Avenue and 108.10' along State Road 60 Roundabout; c. a maximum Building Height (above BFE) of 32.47' to the roof deck and 36.84' to the parapet; d. an F.A.R. of 0.991 e. an I.S.R. of 0.94 f. a front (West) setback along Mandalay Avenue 3.9' to building, 3.2' 300 Sauth Belcher Raad over ROW to canopy and zero to pavement and column; Clea��•rvater,Flo�-ida 33765 1 tech(+�northside�ngineerings�rvices.com 727 443 2869 Fax 727 446 8036 g. a front (South) setback along State Road 60 Roundabout of 2.9' to building, 3.2' over ROW to canopy and zero to pavement and column; h. a side (North) interior setback of zero to building, balcony and dumpster enclosure; i. an (East) side setback of 39.6' to the building, 25' to the stairwell, 13.6' to dumpster enclosure and zero to parking lot pavement; j. Providing 3 Parking Spaces; k. Flexibility to the minimum standards for the Sight Visibility Triangle at the southwest corner adjacent to Mandalay Ave and State Road 60 Roundabout ROW; as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.0 of the Development Code. General Discussion The site is situated on a highly visible and active intersection of Clearwater Beach and is located within the Retail and Restaurant District of Beach by Design. Beach by Design identifies vital retail and restaurant districts as a key element of any successful resort destination and based partly upon the surrounding land use patterns, traffic, and its close proximity to public parking facilities Beach by Design designated this specific area as the Retail and Restaurant District of Clearwater Beach. Proposed Use The Developer has tenant agreements with two highly recognizable and successful national brands, Hooters Restaurant and Ron Jon's Surf Shop. The design contemplates one primary first floor tenant with Second and Roof Top occupancy being assigned to the proposed Hooters Restaurant and includes a scenic roof top pavilion with wonderful outdoor dining opportunities. Through this development proposal, Clearwater Beach will have a rare opportunity to provide customers of two nationally recognized chains with locations yards from the sand and the Gulf of Mexico. The development proposal provides vibrant retail and restaurant uses as requested for the District within Beach by Design and will offer a unique and memorable experience for the patrons of the nationally known restaurants. The design offers a two (2) story structure with many architectural features creating an interesting and vibrant focal point for a main entryway to our beach community. The proposed balconies and outdoor seating areas will reflect positively on the beach experience, creating the inviting and welcoming street-level environment desired by Beach by Design. 2 General Applicabilitv 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 adjacent properties are primarily comprised of one and two story buildings similar in bulk, coverage, density and character of the proposed development. The proposed two (2) story retail and restaurant development will be in harmony with the scale, bulk and coverage of the surrounding developments as the proposed development provides similar lot coverage and density as the surrounding sites. The proposal offers a building design of appropriate bulk and scale based upon the project area, the character of the surrounding properties and the intent of Beach by Design. 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 improvements will not discourage appropriate development and use of the adjacent land and buildings, the area is already developed and the value of adjacent and surrounding properties will not be compromised. The development proposal will enhance this area of the Beach in a number of ways, including: 1. Providing Clearwater Beach with highly recognized brands which will serve the needs of the guests of the surrounding overnight accommodations. 2. The proposed tenants of the development will provide important and necessary support to the beach community in off-season months, offering uses that will draw the locals throughout the year, in and out of season. 3. Proposed improvements will significantly increase the value of the land offering benefit to the surrounding land values and tax base. 4. The proposed updated architectural design will significantly enhance the human scale and aesthetic appeal of the street-level facade creating a more pedestrian-friendly environment at this highly visible intersection of the beach. 5. Offering uses that clearly meet the vision of the Retail and Restaurant District of Beach by Design and are recognized as vital to the success of a resort destination. 6. Providing a new building which meets current Building Code, FEMA regulations and ADA requirements in addition to meeting the intent of Beach by Design and Design Criteria. 3 7. The incorporation of balconies into the design will provide outdoor seating to enhance the street level atmosphere; the roof top pavilion will create additional outdoor dining opportunities for the public, offering outdoor space for all to enjoy our wonderful Florida lifestyle and Beach community. 8. The proposed development will be a contributor to the City's economic base and creating many employment opportunities in fields that have been heavily affected by the economy. 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 proposed development will comply, as required, with all applicable codes including the Florida Building Code, the Life Safety Code and the Florida Fire Prevention Code. The proposed uses are appropriate and desired for the area, responsible trash collection and disposal is provided for within the development plan. Hours of operation will be appropriate for the commercially designated area and the surrounding uses. Access to the development will be primarily pedestrian in nature and will not adversely affect persons residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. As stated above, pedestrian access is the primary means of access to the development; ample parking is available within the many public parking facilities with other customers walking from nearby hotels. Functionality from a parking perspective will be similar to the Palm Pavilion Beachside Grill & Bar and Frenchy's Rockaway Grill on North Beach; Beach by Design recognized a key element in the success of the Retail and Restaurant District is the reliance on convenient public parking. A formal Parking Study is provided within this submission and contains specific information and data in association with parking for the development. Traffic impacts as a result of the proposed development will be minimal; it is anticipated that nearby intersections and adjacent roadways will continue to operate at the same levels of service after the proposed improvements are completed. 4 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The community character is primarily comprised of one and two story developments. The proposed two story development is consistent with the surrounding and nearby uses, and the character of the community; the design offers an appropriately scaled development for the vicinity. The proposed development will meet the needs of the tourist driven community and the desires of Beach by Design by providing uses specifically desired within the District. The architectural design of the proposed development will visually enhance the block and the entrance to our Beach Community. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The development proposal will improve the visual appeal of the property from the street and pedestrian-level, offering a Modern Miami architectural style which is appropriate and aesthetically pleasing for this highly visible Beach location. The proposed trash collection area is located at the rear of the building, is properly screened and will not negatively impact the passerby; a loading area is provided far, and through a Cross Access Agreement will effectively and responsibly serve both the project site and the commonly owned site to the north. The architectural components of the building provide desired buffering and minimize all activities associated with restaurant operation at street level. COMPREHENSIVE INFILL REDEVELOPMENT-PROJECT CRITERIA 1. The development or redevelopment is otherwise impractical without deviations from use and/or development standards set forth in the zoning district. Redevelopment without deviations is impractical as the deviations are necessary to meet the intent of the Design Criteria contained within Beach by Design, to accommodate the specific needs of nationally recognizable retail and restaurant tenants; and to provide a viable development on a minimally sized parcel of land in the current economy. Deviations associated with parking are necessary as acknowledged by Beach by Design within the District discussion. The proposed deviations are necessary to accommodate the retail and restaurant uses desired by Beach by Design and to maximize the allowable development potential of the land. 5 • � Setbacks Architectural elements and reduced setbacks are desired within the Design Guidelines of Beach by Design; deviations are necessary to accommodate the reduced setbacks for the building, balconies and columns. The proposed design will enhance the block and present a more pedestrian-friendly environment as desired by Beach by Design. Deviations associated with the parking, pavement setback for the drive aisle and the dumpster enclosure is also necessary; the area is sufficiently and effectively designed to provide a few parking spaces, the required trash staging area and access to a shared loading zone. The small surface parking area and proposed setbacks to pavement along the east result in sufficient and appropriate separation/buffering between buildings and is similar to the existing developed conditions. This "back of house" area is necessary for business operation, is out of primary view and will not have a negative impact on neighboring properties or street-level activities. Si�ht Visibilitv Triangles A request for flexibility with regard to the sight visibility triangle located at the southwest corner of the site (Mandalay Avenue and State Road 60 Roundabout) is requested. The proposed encroachment projects into the large landscaped area and sidewalk within the Right of Way and in no way creates a hazard to vehicles or pedestrians. 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. The proposal supports the following Comprehensive Plan Goals/Policies/Objectives but is not limited to: A.6.6 Objective - Tourism is a substantial element of the City's economic base and as such the City shall continue to support the maintenance and enhancement of this important economic sector. A.6.7 Objective - Redevelopment activities shall be sensitive to the city's waterfront and promote appropriate public access to the city's waterfront resources. Beach by Design, Retail and Restaurant District, prefers retail and restaurant uses within this specific area of the Beach. The availability of convenient public parking was noted as a key element for the strategy and success of the District. 6 • • The proposed uses will promote tourism activities and enjoyment of our natural resources. The proposed redevelopment will provide an allowable and desired use within the "Tourist" zoning district and the "Resort Facilities High" land use category, the proposed uses are consistent with the goals of the Comprehensive plan and Beach by Design. 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. The proposed development is compatible with the neighborhood, as is more particularly discussed in General Applicability Criteria 1 and 2 together with Comprehensive Infill Criteria 4 below, and will not impede other development. The proposed redevelopment project will benefit the community as a whole and specifically this district. The proposed development may encourage additional investment and improvement to the surrounding properties and may draw additional nationally recognized corporations to the Beach. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. Adjoining properties will not suffer substantial detriment as a result of this proposal. The proposed retail and restaurant use is an allowable and preferred use, as the District name suggests. Retail and restaurant uses are well established within the neighborhood and the district. The proposal includes many improvements such as, providing a new updated structure which meets current building codes, FEMA regulations, fire and ADA requirements; the site improvements include provisions for responsible trash staging and a loading 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 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 spot land use or zoning designation; f. The proposed use provides for the development of a new and/or preservation of a working waterfront use 7 The "Resort Facility High" land use category and the "Tourist" zoning district both permit retail and restaurant uses; the district allows both uses as minimum standard and flexible standard uses. The proposed nationally recognized businesses will significantly contribute to the local economy, will promote tourism and generate new jobs for the community. 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; . Retail and Restaurant uses are permitted in the "Tourist" (T) zoning district without special approval. As the surrounding properties are made up of retail, restaurant and overnight accommodations, the proposed two story development will not impede normal and orderly development and improvements of the surrounding properties as previously discussed within General Applicability Criteria 2. This re-development proposal may stimulate additional redevelopment and improvements in the area. b. The proposed development complies with applicable design guidelines adopted by the City; Through site and architectural design the proposed development complies with the design guidelines within Beach by Design and the Retail and Restaurant District. c. The design, scale, and intensity of the proposed development supports the established or emerging character of an area; The proposed two story retail and restaurant development will continue to support the character of area. The area is primarily comprised of similar uses and developments of similar design, scale and intensity as the proposed development. Please see additional discussion under General Applicability Criteria 1. 8 • • 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 of materials and colors • Distinctive fenestration patterns • Building stepbacks; and • Distinctive roof forms A variety of the above elements are incorporated into the architectural design as shown on the building elevations. While there are flat roofs and continuous level floors for accessibility, there are cantilevered roof overhangs, awnings, and a variety of congruous but varying elements such as roofs, railings, curtain wall mullings and reveals. Columns and plasters take a very prominent role in the design of several large floor to above roof instances. Columns are also a combination of large masses with proportionately sealed round columns. A portico was not provided but there are sheltered spaces at ground level meeting the intent of the Design Guidelines. There are several balconies both cantilevered and conventional. There are several awnings on the third level. There is a large proportionate roof mass above the elevator and elevator lobby on the third floor. There is a string course type element tying horizontal reveals and horizontal mullings together. The project uses at least two different stucco finishes as well as large glass surfaces and metal railings. Two contrasting, complementary colors are used throughout. On the large column/plasters, a tightly struck horizontal pattern is used. In other areas there are broad areas of stucco always framed linearly by horizontal and vertical elements. There are step backs on three of four sides and on each floor. There are several large vertical forms tying into a proportionately large roof mass as well as several cantilevered roofs. e. The proposed development provides for appropriate buffers, enhances landscape design and appropriate distances between buildings. The proposed setbacks and buffers are appropriate for the Beach environment and meet the intent of Beach by Design; reduced setbacks are provided with outdoor space being reserved for seating and pedestrian flow. 9 � � � Beach bv Design The proposed restaurant and retail development is within the allowable 1.0 F.A.R and is an appropriate scale for the surrounding area. The proposed two story structure meets the height allowances permitted by code and provides a use that is preferred within the Retail and Restaurant District of Beach by Design. The architectural design creates the desired change in the building plate,plane and mass as prescribed by Beach by Design. The Design Guidelines Section of Beach by Design states "No particular architectural style is prescribed. However, good architecture, from a community character perspective, comes in all shapes and styles. There is, however, in every community an established vocabulary of the "good," the "bad," and the "ugly." New buildings should respect this vocabulary and enhance the community character whenever possible. The more daring the design, the more sensitive the particular architecture is to failure." Five quantifiable aspects of the architectural vocabulary are provided within this Section of Beach by Design and we have taken great care to design this project to meet each of the criteria; The design is respectful of the architectural vocabulary within Beach by Design and the community character; the building is in scale to its height and length and offers the desired elements of step-backs, and balconies. While the building footprint is considerably less than 5,000 square feet and no single dimensions approach 100', we have tried to use step backs to break up broad planes and keep in scope and spirit of the quantifiable aspects. The building envelope tapers as it rises vertically in proportions we feel accommodate the beach by design criteria. The street level fa�ade encompasses a wrap-around plaza at the southwest corner easily accessible by pedestrian traffic while still maintaining the required setbacks. There are large and inviting expanses of transparent vertical glass. Materials are stucco and metal with colors taken from the surrounding natural areas in light tan to dark brown. . The proposed development is compatible with the neighborhood, as is more particularly discussed in General Applicability Criteria 1 and 2 together with Comprehensive Infill Criteria 4 above. The existing dimensions of the right of way and curb locations allow appropriate sidewalks along Mandalay Avenue with a connection to the public sidewalk along the south side of the development. The street-level fa�ade offers the desired architectural details and elements. 387-391 Mandalay Ave LLC.NES 1102 MODIFICATION -0614.2012 by Renee Ruggiero/rmr 1�