FLD2003-12070
.. --,--
: Cl'~arwater Planning Department
~ \,.. 100 South Myrtle Avenue
o ~ Clearwater, Florida 33756
~ Telephone: 727-562-4567
Fax: 727-562-4576
CASE If: ~FL..t>'2.0C>3 -\'2..010
DATE RECEIVED: F ~B. S' '2.00 4-
RECEIVED BY (staff Initial~ P!<6
ATLAS PAGE #: "U.'7
ZONING DISTRICT: "\
LAND USE CLASSIFICATION: Ul-ts
ZONING & LAND USE CLASSIFICATION OF
ADJACENT PROPERTIES:
NORTH:
SOUTH:
WEST:
EAST:
o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
o SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans
a SUBMIT APPLICATION FEE $ Il..() 5". UU
FLEXIBLE DEVELOPMENT APPLICAT
Comprehensive Infill Redevelopment Project (Revised 7/16/
-PLEASE TYPE OR PRINT- uaeadditillWllsheotaullllCCUaf)'
A. APPLICANT. PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) f'&.AN~~Wt~~~~~~l~~ v~
- 5 2004
APPLICANT NAME:
Marla Winner
MAILING ADDRESS:
395 Mandalay, Clearwater, FL 33767
E-MAIL ADDRESS:
N/A
(727) 410-7372
PHONE NUMBER:
(727) 723 3428
N/A
CELL NUMBER:
FAX NUMBER:
PROPERTY OWNER(S):
Marla Winner
(Mulillnolude ALL owners)
AGENT NAME(S):
Fowler Associates, Architects, Inc. (Stephen R. Fowler)
1421 Court Street, Suite D, Clearwater, FL 33756
MAILING ADDRESS:
E-MAIL ADDRESS:
fowlerarch@aol.com
PHONE NUMBER:
(727) 449-2021
(727) 447-5339
CELL NUMBER:
N/A
FAX NUMBER:
B. PROPOSED DEVELOPMENT INFORMATION:
STREETADDRESSotsubJectslte: 395 Mandalay, Clearwater, FL 33767
LEGAL DESCRIPTION: Lots 21 & 22, Block A, Barbour-Morrow Subdivision
(If noIllliled here, plea... note the location of this document in Ihp liubmittal)
PARCEL NUMBER:
PARCEL SIZE: 4 .40 5 SF
(acrpli, liquanl flOtll)
PROPOSED USE AND SIZE: Remodel existing retail shops (2) into 1 restaurant 2.506 S
(numbtit of dwelling uni~. hotel roomli or liquarp footagp of nonre~ldenllal u...)
t'\
DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO L (if yes, attach a copy of the applicable
docwnents)
Page 1 of 6 - Fleldble Development Application - comprehensive Infill Redevelopment Project- City of Clearwater
.
.
C. PROOF OF OWNERSHIP: (Section 4-202.A)
o SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see
page 6)
D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 3-913.A)
o Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA:
1. The proposed development of the land will be in harmony wilh the scale, bulk, coverage, densily and character of adjacent properties in
which il is 10caled.This property is being redeveloped to provide addi tional
tourist oriented facilities for Clearwater Beach.
2. Th~ proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or 5ignificantly
impair the value thereof. Minor ground floor increase to the existing area will
not impact the street-scape or the adjoining properties.
3 The proposed development will not adversely aHect the health or safety or persons residing or working in the neighborhood ot the proposed
use. This redevelopment will improve the neighborhood and be an asset to
the new Mandalay street-scape.
4. The proposed development is designed to minimize traffic CQngestion.
Due to the pedestrian nature of
this area of the beach, traffic should not be impacted.
5.
The proposed development is cons is lent wllh lhe community character at the immediale vicinity ot the parcel proposed tor development.
This redevelopment will enhance the street-scape.
6.
The design of the proposed development minimizes adverse eHects, including visual, acoustic and oltactory and houl'$ ot operation Impacts,
on adjacent properties.
Hours of operation will be compatible with existing
restaurants and therefore minimal impact is anticipated.
o
Provide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECTCRITERIA (85 applicable):
1.
The development or redevelopment of lhe parcel proposed for development is olherwise impractical without deviations trom the u5e, Intensity
and development standards.
No additional properties are available. Therefore, the property
size can not meet the required minimum area, frontage, nor rear
setback.
2.
The development of the parcel proposed for development as a comprehensive infill redevelopment project or residential infill project will not
reduce the fair market value of abulling properties. (Include the existing value of lhe sile and the proposed value at the 5ite with the
improvemenls.)
Buildinq values:
Existinq
Proposed
$364,000
$538,000
Page 2 of 6 - Flexible Development Application. Comprehensive Infill Redevelopment Project- City ot Clearwater
3. The uses within the comprehensive in fill redevelopment project are otherwise permitted in the City of Clearwater.
As proposed restaurant use, it is permitted within the Tourist District.
4. The uses or mix of use within the comprehensive inflll redevelopment project are compatible with adjacent land uses.
Adjacent properties are also restaurants and retail facilities
serving the tourist business.
5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment projectl are not
otherwise available in the City of Clearwater.
No adjacent property is available for purchase.
6. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the Immediate vicinity
of the parcel proposed for development. . 11 . d f d d
The redevelopment Wl provl e a new aca e an
increase property values and aesthetics.
7. The design of the proposed comprehensive intill redevelopment project creates a form and function that enhances the community character of
the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole.
The design of the new restaurant is of a "Key west" character.
8. Flexibility in regard to lot width, required setbacks, height and off-street par1ting are justified by the benefits to community character and the
immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole.
This new restaurant will provide add~tional jobs, increase the City's
tax revenues and improve the characder of the neighborhood.
9. Adequate off-street par1ting in the immediate vicinity according to the shared par1ting formula in Division 14 of Article 3 will be available to
avoid on-street parking in the immediate vicinity of parcel proposed for development.
The Owner has leased 3 spaces from neighbors for additional parking.
10. The design of all buildings complies with the Tourist District or Downtown District design guidelines in Division 5 of Article 3 (as applicable).
Use separate sheets as necessary.
The remodeling design will compliment and enhance the Tourist District.
Page 3 of 6 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
~ lAD
r- /Ao
f) lAD
fi I AD
E. SUPPLEMENTAL SUBMITTAL .UIREMENTS: (Section 4-202.A) .
o
SIGNED AND SEALED SURVEY (including dimensions of property) - One original and 12 copies;
COPY OF RECORDED PLAT, as applicable;
PRELIMINARY PLAT, as required;
D
LOCATION MAP OF THE PROPERTY;
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);
GRADING PLAN, as applicable
F.
SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
D
SITE PLAN with Ihe following information (not to exceed 24" x 36"):
All dimensions;
. North arrow;
Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared;
Location map;
Index sheet referencing individual sheets included in package;
Footprint and size of all EXISTING buildings and structures;
Footprint and size ot 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, including handicapped spaces;
Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all refuse collection facilities and enclosures (minimum 12'x10' clear space);
Location of all landscape material;
Location of all juri~dictionallines adjacent to wetlands;
Location of all on site and otfsite storm-water management facilities;
Location of all outdoor lighting fixtures; and
Location of all existing and proposed sidewalks
o
SITE DATA TABLE tor existing, required, and proposed development, in written/tabular form:
Land area in square feet and acres;
Number of EXISTING dwelling units and 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 and driveways, expressed in square feet and percentage of the paved vehicular area;
Size and species of all landscape material;
Official records book and page numbers ot 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
o
REDUCED SITE PLAN to scale (S Yo X 11) and color rendering if possible
FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan:
One-foot contours or spot elevations on site;
Otfsite 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;
Tree Inventory; prepared by a "certified arborist", of all trees S" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees
o
Page 4 of 6 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
N AD
G. LANDSCAPING PLAN SUBMITIAL REQUIREMENTS: (Section 4-1102.A)
LANDSCAPE PLAN:
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;
Proposed and required parking spaces;
Existing trees on-site and immediately adjacent to the site, by species, size and locations, including drip line (as Indicated on
required tree survey);
Location, size, description, specifications and quantities 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 (eg. conditions imposed by the Community Development Board);
. . Irrigation notes
D
REDUCED LANDSCAPE PLAN to scale (8 Yo. X 11) (color rendering if possible)
D
IRRIGATION PLAN (required for level Two and Three applications)
D
COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable
N/ A H. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and
4-202.A.21 )
o STORMWATER PLAN including the following requirements:
Existing topography extending 50 leet 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;
Slormwilter calculations for attenuation and water quality;
Signature of Florida registered Professional Engineer on all plans and calculations
D 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
D COPY OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable
I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23)
Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part
of a Comprehensive Infill Redevelopment Project or a Residentiallnfill Project.
D BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials
D REDUCED BUilDING ELEVATIONS - four sides of building with colors and materials to scale (8 Yo. X 11) (black and white and color rendering, if
possible) as required
J. SIGNAGE: (Section 4-202.A.16)
D Comprehensive Sign Program application, as applicable (separate application and fe~ r~quired)
D Reduced signage proposal (8 Yo. X 11) (color), if submitting Comprehensive Sign Program application
K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C)
a Include as required if proposed devl;llopment will degrade the acceptable level of service for any roadway as adopted In the Comprehenllve Plan.
Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section ..801
C of the Community Development Code for exceptions to this requirement.
Page 5 of 6 - Aexible Development Application. Comprehensive Intill Redevelopment Project- City of Clearwater
L. SIGNATURE:
I, the undersigned, acknowledge that all representations made in this
application are true and accurate to the best of my knowledge and
autho:ize City representatives to viSit and photograph the property
described in this applicalion.
JOHN LIEN 'd .fi
MY COMMISSION # D~ l~ill~ca n.
Bot~XPIRES: May 9, 2007
TNu Nvlluy PuU.c Ulld.llWfll...
STATE OF FLORIDA, COUNTY OF PINELLAS I J /.It
Sw rn t' to hOd subscribed before. me Ihis ~ day ot
I- , A.D. 202..1... to me and/or by
q,. W ; .'} iYl, who Is personally known has
~ b~ ~
~Lt'iJ
Notary public,
My commission expires:
M. AFFIDAVIT TO AUTHORIZE AGENT:
(Names ot all property owners)
1. Hlat (I am/wl;J are) the owner(s) and record lille holol;Jr(s) of the following described propl;Jrly (address or generallocallon):
2. That this properly conslltutes the property for which a request for a: (describe request)
3 Ttlatthe undersigned (has/have) appointed and (does/do) appoint:
'~~J-jJP'7L_
/~T I ~
(L~~ ./ A ../)
-
as (his/their) agent(s) to execute any petitions or olher documents necessary 10 aHect such petition;
3. That this affidaVit has been executed to induce the Clly of Cll;Jarwater, Florida to consider and act on the abovlI described property;
4. That the applicant acknowledges thai all Impact te:e:s (palks and recreation, traffiC, etc.) will be paid PRIOR to thll Issuance ot a building pllrmit.
certificate ot occupancy, or other mllchanasm, whichever occurs first;
5. That site vibils to the: property are necessary by City representatives In order to process this application and the ownllr authorizes City
represenlalives to viSit and photograph the property deSCribed in this application;
6.
That (I/we), the undersigned aulhollly. hereby certify lhatthe toregoing is ~a)d7. Hect.,' ,
," .!);.hi.'{
Property Owner
Properly Owner
)-L) ~o/
;/
STATE OF FLOIUDA,
COUNTY OF PINELLAS
My Commission Expires:
....littf~.,... JOHN LIEN
f:~'A~:~ MY COMMISSION # DO 180353
~.~.~....j EXPIRES: May 9, 2007
,fir... .
14'~ day at
who having been first duly sworn
'~L/'-J
Bl;torl:j me the undersignl;Jd, an officer duly commiSSioned by the laws ot the State of flo/ida, on this
tJ:;. '.' t-",,., l.C ,t-"" , persona II)' apPl;Jared M A (" ~ \AI \-" f\ ~\
Deposes and says that he/she lully underblands Ihe contents ot the affidavit that he/she signed.
Notary Public
S \Adnmng Dapdlllllt:nr\Appllcdtloll Follluluo:vo:lopmdnl rdVldW Icomplt:tlell~lVlllllfjll application 2. cJoc
Polge 6 ot 6 - Flexibll;J Dl;vclopml;Jnl Application - Comprehensivelntill Rttdtlvelopment Project- City at Clearwatllr
.
.
Date: 2/2/04
To Whom It May Concern:
As property owner of399 Mandalay Avenue, adjacent to 395 Mandalay Avenue,
we are leasing six parking spaces to Marlee A. Winner, property owner of395
Mandalay Avenue.
Si~Y.' C?
<-..--- . :s
r--.....:. /
.-----..
Louis Peronis
1"
i ;
FEB - 5 2004
:), -::':.)
~..
.
~
~,
/
~ \ ,/
\\..\ ~
_~ .... II
_'r
", ~ ~ .-. ~~~-~-~, .
" 1 I '_ ~ ~..- r1.l ~.
, ,
1~1 ",rl'
I ,,'"
~
\
-
.'
,
"
~
It..-i ~
~
~
I
I I
I
1 I
I I
!B
1-;>
i C) I
I~
~
I :
I~
I I
I~
I :
I~
~
-I~
~
I~
~
I \
I
~y..
~l
I
I
i
I I
i
I
I
I
I
I
I
,
I '
I !
I ;
i I i
II :
I ·
I~
l--ar
1M
I~i
I~i
~
L.S
I I
~
II~
~11
I I
I '
, I
I '
I
I I '
lro:
II !
,~
'I~ '
I ,
I! '
181
I~
I '
I !
,lB
~I
I
.
.
Marla Winner
395 Mandalay Avenue
Clearwater, FL 33767
12 November 2003
To Whom It May Concern:
This letter is to authorize Stephen R. Fowler of Fowler Associates, Architects, Inc. to act on my
behalfas Owner's Representative with regard to my property, 395 Mandalay Avenue,
Clearwater, FL 33767.
Very truly yours,
t!la:J~ [AJ :/n~
ar a Wmner
Sworn to and subscribed before me this
personally known to me or has produced
County ofPinell7::J
~J,L.
,"lilt ~
~~~y.fst-. JOHN UEN
f'f ,.J;.~ d MY COMMISSION # DO 180353
Notary Public ~~~~ EXPIRES: May9,2007
'-r.iff.I~" Ilondlld Thru NocaIy Nllic lJf1delWritals
/ Lj.-It day of /lht4#16bY, AD, 2003, who is
rt- D L- as identification. State of Florida,
~
r-.. r-.. r-..
Z r-..
r-.. Z Z Z
r-.. Z 0 r-.. 0 0 0
z 0 I- Z l- I- I-
0 I- :::J 0 :::J ::l ::l
I- :::J V l- V V U
V '-"
:::J :::J '-" '-" '-"
V '-" Q) V Q) Q) Q)
'-" Q) u '-" u u u
Q) u 'S;: Q) 'S;: 'S;: 'S;:
-:;:: "-
u Q) u "- "- "-
.s;: "- if) -:;:: Q) Q) Q)
"- Q) "- if) if) if)
Q) if) I.L Q) V 0::: I.L
if) ! 0::: if)
~ >- ~ 0:::
r-.. r-.. 0::: ~ ~
L.n 0') ~ V
N N W
..... N ....J 0::: if)
..... ("') ~Q ~ Illt C!!I I a
N N
0 0 ......,
N ro
'-" '-"
. . . . . . .
. . . . . . . .
nil ....EB......EB.........:.........EB......EB.........:............!
_......L.......[O
ctJ . .
u_____
]
'S
15
c.n
."
~
C
Q)
~
u
.
.
..
c
.!2
....
::lI
15
(I)
to
....
C
Q,'I
~
u
Ct::
w
2
2
S
o
....J
'e{
2
o
o
~h.
e{
W
....J
U
W
>
e{
>-
e{
....J
e{
o
2
e{
::a:
Lf)
m
(V)
I
CD 0 -.;t 0 t--.' 0 01 0 (V) t--. 0 t--. 0 t--. 0 t--. 0
~ q IJ1 q "<'1 q IJ1 0! q IJ1 q IJ1 q ~ q ....-: q
t--. 0 -.;t 0 t--. 0 Lf) 01 0 (V) 0 (V) 0 (") 0 Lf) 0
0 m CO t--. I m m ..... t--.
01 ..... ..... ..... ..... ..... 01 .....
CD -.;t -.;t t--. t--. 01 01 (V) -.;t t--. t--. t--. t--. t--. t--. t--. CD
~ IJ1 IJ1 <'1 <'1 IJ1 t'--: 0! IJ1 IJ1 IJ1 IJ1 ~ ~ ....-: ....-: 0!
t--. -.;t -.;t t--. t--. l,() I'-- 01 (V) (V) (V) (V) (V) (V) Lf) Lf) 0
0 m m CO CO I'-- t--. I m m m m ..... ..... t--. t--. 0
01 ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 01 01 ..... ..... 01
I I I , , I , I
t--.
01
I
C
m
"J
-.;t
01
I
o
Q)
o
CD
01
I
0'1
:J
e{
-.;t
01
I
"5
"J
Lf)
01
I
C
:J
"J
-.;t
01
, ,
>
o
2
CD
01
,
a.
Q)
(I)
t--.
01
I
U
o
u u u u 8: 0' u u u
iD iD iD iDe{ iD iD iD iD
Ct:: Ct:: Ct:: Ct::ll Ct:: Ct:: Ct:: Ct:: Ct::
....J ....J ....J ....J.... ....J ....J ....J. ....J -I
1: fB 1: fB1: fB, 1: fB ~. 1: fB 1: fB 1: fB 1: fB 1:: fB
Q) Ct:: Q) Ct:: Q) Ct:: Q) Ct:: ;;;;; Q) Ct:: Q) Ct:: Q) Ct:: Q) Ct:: Q) Ct::
E I E 'E" E '~E I E I E 'E' E I
>-Q) >-Q) >-Q)>-Q) 0 >-Q) >-Q) >-Q)>-Q):>-Q)
m E m E mEi mEa. m E m E m E m E m E
a. :0:; a. :0:; a. :0:;, a. :0:; Q) a. :0:; a. :0:; a. :0:; a. :0:; a. +:i
.... C .... c....c .... cO .... c .... c .... c .... c .... c
momo~omo""~o~omo~o~o
:J~:J~:J~:J~Q):J~:J~:J~:J~:J~
~ ';;; ~ ';;; ~ ';;; ~ ';;; ~ ~ ';;; ~ ';;; ~ ';;; ~ ';;; ~ ';;;
Ct:: a. Ct::' a. Ct:: a. Ct:: a. >, Ct:: a. Ct:: a. Ct:: a. Ct:: a. Ct:: CI..
-.:t (V) (V) (V) (V) (V) (V) (V) (V) (V) (V) (V) M M M
0 0 0 0 0 0 C) 0 0 0 0 0 M M 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
01 01 01 01 01 01 01 01 01 01 01 01 0 0 01 01 01
I , I I I , , I 01 01 I
I I I I -.;t Lf) , I t--.
CD m M 0 M ..... CD ..... 01 Lf) I I ..... -.;t
0 0 0 ..... 0 01 0 0 ..... 0 ..... 0 Lf) M ..... 0
I I , , , I I I Q. Q. 01 0-. ~ 0 I I
C 0' 0 > ~t) t) t) I C C
m Q). Q) 0 Q) Q) :J, :J :J '3 :J :J
"J 0 0.', 2 2'0 0 0 (I) (I) c( ". e{ "J "J "J "J
_.,--,... .--..--".-..- ----,.-...-'--. _...--
"....,
2 Z
"...., 0 "...., 0
2 I- 2 I-
o ::) 0 ::)
I- U I- U
::) '-" ::) '-"
U Q) U Q)
'-" 0 '-" 0
Q) '> Q) '>
o 03 0 ....
I (I) '~ ~
Q) l1.. Q) tv
(I) Ct:: (I) L.L.
~ ~ ~ ~ ~
(V)
~ ~Q lIt 4ii ~
. . . .
. ~ ....rn.........L.......rn.........:
__ ......L.......ITJ
OJ
"....,
t--.
.....
o
.....
01
o
01
'-"
.
.
6t
C
o
.-
-
::II
"0
CI)
."
-
i C
Q)
~
U
CLWCoverSheet
.
.
FLD2003-12070
395 MANDALA Y A VE
Date Received: 12/26/2003
MANDALA Y GRILL
ZONING DISTRICT: T
LAND USE: RFH
ATLAS PAGE: 267A
"~,\----'=e (i' '," :"-11~--~-
i U Ir"tb lfQJtU \H [E ,
, / I Ii
iJii: FEB - 5 2Oll4 Ii .
U, I'~
r- ___,,_..._:.~,_._w.,_"...~.,..__..t
".:.tWJr\!!~-JG & DE'Ji.:LOi-'i/:-\!: Svl::,
,," . CilYO!::' CI:r,r<'N"lU;
",,<...... '~'."'.~" ","" t' . ........,.... _-"-""_'.,__' "
; Clearwater
u~
~
Planning D partment
100 South Myrtle Avenue
Clea~ter. Florida 33756
Telephone: 727-562-4567
Fax: 727-562-4576
r CASE ..' .l1J>"lP" 2> - 12070
DATE RECEIVED: /2.r 30 - (;> 3>
RECEIVED BY (staff Initials): 1l6Sf>
ATLAS PAGE #: 2-~IA
ZONING DISTRICT: l
LAND USE CLASSIFICATION: ~
ZONING & LAND USE CLASSIFICATION OF
ADJACENT PROPERTIES:
NORTH:
SOUTH:
WEST:
EAST:
a SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
a SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans
a SUBMIT APPLICATION FEE $ /l.{) 5-. tf\)
FLEXIBLE DEVELOPMENT APPLICATION
Comprehensive Inti" Redevelopment Project (Revised 7/16/01)
-PLEASE TYPE OR PRINT-lIiCadditioaWWolaaallllCeUar)'
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A)
APPLICANT NAME:
Marla Winner
MAILING ADDRESS:
395 Mandalay, Clearwater, FL 33767
CELL NUMBER:
FAX NUMBER:
(727) 723-3428
N/A
E-MAIL ADDRESS:
N/A
(727) 410-7372
PHONE NUMBER:
PROPERTY OWNER(S):
Marla Winner
(Mul;llnolude AlL owners)
MAILING ADDRESS:
Fowler Associates, Architects, Inc. (Stephen R. Fowler)
1421 Court Street, Suite D, Clearwater, FL 33756
AGENT NAME(S):
E-MAIL ADDRESS:
fowlerarch@aol.com
PHONE NUMBER:
(727) 449-2021
(727) 447-5339
CELL NUMBER:
N/A
FAX NUMBER:
B. PROPOSED DEVELOPMENT INFORMATION:
STREET ADDRESS of subject site: 395 Mandalay, Clearwater, FL 33767
LEGAL DESCRIPTION: Lots 21 & 22, Block A, Barbour-Morrow Subdivision
(If noillo;led here, pleal>8 note Ihe location of Ihili documenlin the l;ubmillel)
PARCEL NUMBER:
PARCEL SIZE: 4 ,40 5 SF
(acrel;, Iiquartl ftltll)
PROPOSED USE AND SIZE: Remodel existing retail shops (2) into 1 restaurant 2.506 Sf
(number of dwelling uni15, hotel roomo; or Iiquare footage of nonrel>identlal Ulill)
DESCRIPTIONOFREQUEST(S): Community infill due to non-conforming lot area
(include all requeliltld code deviattonli; e.g. reduction in rt.qulred numbtlr of parking &pilC88, lip8olllo u.e. eto.)
DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO L (if yos, ilttach 11 copy of the applicable
documents)
Page 1 of 6 - Fleldble Development Appllcatlon - comprehen&lve In fill RedeveloprneM ProJect- City of Clearwater
.
C. PROOF OF OWNERSHIP: (Section 4-202.A)
.
o SUBMIT A COPY OF THE TITLE INSURANCE POLlCY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see
page 6)
D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 3-913.A)
o Provide complete responses to the six (6) 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 This property is being redeveloped to provide additional
tourist oriented facilities for Clearwater Beach.
2. TtJ~ proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly
impair the value thereof. Minor ground floor increase to the existing area will
not impact the street-scape or the adjoining properties.
3. The proposed development will not adverliely aNect the health or safety or persons residing or working in the neighborhood of the proposed
~e. This redevelopment will improve the neighborhood and be an asset to
the new Mandalay street-scape.
4. The proposed development is designed to minimize traffic congestion.
Due to the pedestrian nature of
this area of the beach, traffic should not be impacted.
5.
The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development.
This redevelopment will enhance the street-scape.
6.
The design of the proposed development minimizes adverse eNects, including visual, acoustic and olfactory and hours of operallon Impacts,
on adjacent properties.
Hours of operation will be compatible with existing
restaurants and therefore minimal impact is anticipated.
o
Provide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECTCRITERIA (as applicable):
1.
The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, Intensity
and development standards.
No additional properties are available. Therefore, the property
size can not meet the required minimum ~rea, frontage, nor rear
setback.
2.
The development of the parcel proposed for development as a comprehensive infill redevelopment project or residenllal Intill project will not
reduce the fair market value of abulling properties. (Include the existing value of the site and the proposed value of the site with the
improvements.)
Buildinq values:
Existinq
Proposed
$364,000
$538,000
Page 2 of 6 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater.
As proposed restaurant use, it is permitted within the Tourist District.
4. The uses or mix of use within the comprehensive in fill redevelopment project are compatible with adjacent land uses.
Adjacent properties are also restaurants and retail facilities
serving the tourist business.
5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive intill redevelopment projeCft are not
otherwise available in the City of Clearwater.
No adjacent property is available for purchase.
6. The development of the parcel proposed for development as a comprehensive in fill redevelopment project will upgrade the Immediate vicinity
of the parcel proposed for development. d 1 t' 11 . d f d d
The re eve opmen Wl provl e a new aca e an
increase property values and aesthetics.
7. The design of the proposed comprehensive infill redevelopment project creates a form and function that enhances the community character of
the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole.
The design of the new restaurant is of a "Key west" character.
8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the
immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole.
This new restaurant will provide add}tional jobs, increase the City's
tax revenues and improve the charac~er of the neighborhood.
9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Oivision 14 of Article 3 will be available to
avoid on-street parking in the immediate vicinity of parcel proposed for development.
The Owner has leased 3 spaces from neighbors for additional parking.
10. The design of all buildings complies with the Tourist District or Downtown District design guidelines in Division 5 of Article '3 (as applicable).
Use separate sheets as necessary.
The remodeling design will compliment and enhance the Tourist District.
Page 3 of 6 - Flexible Development Application - Comprehensive In fill Redevelopment Project- City of Clearwater
E. SUPPLEMENTAL SUBMITTA
QUIREMENTS: (Section 4-202.A)
o SIGNED AND SEALED SURVEY (including dimensions of property) - One original and 12 copies;
COPY OF RECORDED PLAT, as applicable;
PRELIMINARY PLAT, as required;
o LOCATION MAP OF THE PROPERTY;
TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DSH 4" or greater), and location,
including drip lines and indicating trees to be removed);
GRADING PLAN, as applicable
F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
o SITE PLAN with the following information (not to exceed 24" x 36"):
All dimensions;
North arrow;
Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared;
Location map;
Index sheet referencing individual sheets included in package;
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, including handicapped spaces;
Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all refuse collection facilities and enclosures (minimum 12'x10' clear space);
Location of all landscape material;
Location of all jurisdictional lines adjacent to wetlands;
Location of all onsite and offsite storm-water management facilities;
Location of all outdoor lighting fixtures; and
Location of all existing and proposed sidewalks
o 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 and 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 and driveways, expressed in square feet and percentage of the paved vehicular area;
Size and species of all landscape material;
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 (FAR.) for all nonresidential uses
o REDUCED SITE PLAN to scale (8 Y. X 11) and color rendering if possible
o 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;
Tree Inventory; prepared by a "certified amaris\", of all trees 6" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees
Page 4 of 6 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
N AD
G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A)
LANDSCAPE PLAN:
All existing and proposed structures;
Names of abutting streels;
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;
Proposed and required parking spaces;
Existing trees on-site and immediately adjacent to the site. by species, size and locations, including dripline (as Indicated on
required tree survey);
Location, size, description, speCifications and quantities 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 feel and
percentage covered;
Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board);
. . Irrigation notes
D
D
REDUCED LANDSCAPE PLAN to scale (8 Ya X 11) (color rendering if possible)
IRRIGATION PLAN (required for Level Two and Three applications)
D
COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable
N, A H. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and
4-202.A.21)
D STORMWATER PLAN including the following requirements:
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 storm water detentionJretention area including top of bank, toe of slope and outlet control structure;
Stormwater calculations for attenuation and water quality;
Signature of Florida registered Professional Engineer on all plans and calculations
D 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
D COpy OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable
I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23)
Required in Ihe event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part
of a Comprehensive Infill Redevelopment Project or a Residentiallnfjll Project.
D BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colof'$ and materials
D REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 Ya X 11) (black and white and color renderlng,lf
possible) as required
J. SIGNAGE: (Section 4-202.A.16)
D Comprehensive Sign Program application, as applicable (separate application and .fe~ rjlquired)
D Reduced signage proposal (8 Ya X 11) (color). jf liubmilling Comprehensive Sign Program application
K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C)
D Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan.
Trip generation shall be based on the most recent edition of the Inlititute of Transportation Engineer'liI Trip General Manual. Refer to Section 4-801
C of the Community Development Code for exceptions to thili requirement.
Page 5 of 6 - Aexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
r-: SIGNATURE:
I
I, the undersigned, acknowledge that all representations made in this
application are true and accurate to the best of my knowledge and
autho:ize City representatives to visit and photograph the property
described in this application.
STATE OF FLORIDA, COUNTY OF PINELLAS I Lf It
~rn to ~d subscribed before" me this _ day ot
~ i-..., -' , A.D. 20.2.L to me and/or by
. 4; Wi"",,, tY1. who Is personally known has
"""y";',,, - ~ 1:> l,. as
,~1fi.,l'.'i:. JOHN UEN . .
, 'A' < MYCOMMISSI Idenllfica n.
t: :'~ ON # DO 180353
~""" ..2l EXPIRES: May 9, 2007
.Nfo,'t\I.. flooded Thru NOl/ll}' Public UndolWril...
'J:L t1J
Notary public,
My commission expires:
M. AFFIDAVIT TO AUTHORIZE AGENT:
(Names of all property owners)
1. That (I amlwe are) the owner(s) and record tiUe holder(s) of the following described property (address or general location):
2. That this property constitutes the property for which a request for a: (describe requesl)
3. That the undersigned (has/have) appointed and (does/do) appoint:
'l!-~jJ!~~~ ~/~ ~J
-
as (hisllheir) agent(s) 10 execute any petitions or other documents necessary to affect such petition;
3. That this affidavit has been execuled to induce the City of Clearwater, Florida to consider and act on the above described property;
4. That the applicanl acknowledges that all impact fees (parks and recreation, traffic, elc.) will be paid PRIOR to the issuance ot a building pennit.
certificale of occupancy, or other mechanism, whichever occurs first;
5. That site visils to the property are necessary by City representatives in order to process this application and the owner authorizes City
representatives 10 visit and photograph the property described in this application;
6.
Thai (I/we), the undersigned authorily, hereby certify Ihal the fOregOing. is ~n~5frrect. .'! ..), /. . .
.. ~~~( ~~
~2v'
;X STATE OF FLORIDA, ~
COUNTY OF PINELLAS
~~I12~r~~ officer duly commissioned by the laws of Ihe Stale of Florida, on this
~;z;;r;;."'''' . t..,v} personally appeared M AI ~ Wil\" l.-,
Depos.E:s and says that he/she fully understands Ihe contenls of the affidavit that he/she signed.
SIF1anning Dapartmen/lApplic;a/ion FormsldeveJopmen/ reviawlc;omprehensive intill applic;a/ion2.d
,,'r;;..~';""'" JOHN LIEN
f.."f'fh.. ~;~ MY COMMISSION # DO 180353
~'~.il.l EXPIRES; May 9, 2007
~ 301'\ day at
who having been first duly sworn
'J:L i-~
My Commission Expires:
,er" , \'
arw ater
.
~
.
Marla Winner
395 Mandalay Avenue
Clearwater, FL 33767
12 November 2003
To Whom It May Concern:
This letter is to authorize Stephen R. Fowler of Fowler Associates, Architects, Inc. to act on my
behalfas Owner's Representative with regard to my property, 395 Mandalay Avenue,
Clearwater, FL 33767.
Very truly yours,
\
~ b~8efL doo3
Sworn to and subscribed before me this r 4 day of (VJVeWlk" AD, 2003, who is
personally known to me or has produced r:t- p f, as identification. State of Florida,
County ofPinellas.
:JLtJ
.-
~+-~
I ......... .ICll'fl UEN 00 100353
i~~~W~~;. MY COMMISSION I ?fYj1
~':. J'1 EXPIRES:May9,~s'
~;;,.....~" Bondednvu~P\jllQ
"I';,Rf"fi\""
"FL. DL #-'JJ5~O 551'33
7 J..D 0
,
\:
. .
APPLICATION FOR SIDEWALK CAFE PERMIT
April 16. 2003
City of Clearwater
Development Services Department
100 South Myrtle Avenue, Clearwater, FL 33756
Phone(727)562-4567 Fax(727)562-4576
A pre-application meeting with Planning Department staff is required prior to submitting this application.
Date of pre-application meeting:
Please Print or Type:
Owner/QUa~r Narpe:
,I: 41/u
Date of Birth:
W/NNef
Maili'l address: 1\)\ 0 - \
< 95 V"C<.NtPdv..y
Street Number
C-[ e hoC-We. te ("
City
Av'2--'
Street Name
F/#
State
Suite or Apt #
~1 ?J 7 (p 7
ip Code
Legal Descriptidn of property
Business Na~il /'. D l/,_ I
f f'/ ...!JeJ...h.,l ""-1- ~ r"; / ::r;JC ,
Complete Company Name
Busine~s Addres~ Ju. \
.395 4./0 ~~
Street Num'pe~ L
l:.-l ~ 0-..\' ~C, \ er-
City
Owner Home Pho"!,:
727~ 7.2..J3t/lg
Area Code Number
Date Cafe Opening: .fT
m c.. y j
f
~t50t/
Number of tables in cafe:
3-1(
A i/~ ,
Street Name
f/,
State
Suite or AJ2!.t#
337(P I
Zip Code
E-Mail Address:
Business Phone:
Fax:
Area code Number
Fax number
Intent to serve alcoholic beverages in sidewalk cafe? (If yes, there must be a valid Florida license to serve alcohol inside the
business.)
Application for Sidewalk Cafe Permit - Page 1 of 3
.
.
I
"
Please attach the foJlowinQ additional. required information:
I
o Copy of a valid Occupational License to operate the business establishment.
o Site plan drawn to scale (1 inch equals 50 feet minimum) with: layout and dimensions of sidewalk; sidewalk cafe area and adjacent private
property and building. This shall show all existing and proposed entrances/exits and proposed location, size and number of tables, chairs,
steps, umbrellas, awnings, canopies, doorways, trees, parking meters, bus shelters, benches, trash receptacles, railings, decorative chains and
other fixtures, structures or obstructions.
o Photographs, drawings or manufacturers' brochures fully describing the appearance, color and materials of all proposed tables, chairs,
umbrellas, awnings, canopies or other fixtures related to the sidewalk cafe.
o Written approval from property owner on which business is located.
o Copy of approved State of Florida Alcoholic Beverage License (if planning to serve alcohol outside In the cafe).
onl in the Tourist Clearwater Beach and Downtown Districts:
o Copy of written approval from any agency other than the City of Clearwater having jurisdiction over the right-of-way (including Florida
Department of Transportation, Plnellas County, etc.).
o Copy of Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $500,000 combined single limit Bodily Injury
Liability and Property Damage Liability. The City of Clearwater is to be specifically included as an additional insured on the policy. The permit holder shall
provide the City with a certificate or certificates of insurance showing the existence of coverages required by this Sidewalk Cafe Permit. The permit holder
will maintain these coverages with a current certificate or certificates of insurance throughout the term of the permit with the City. All policies of insurance
must be endorsed to provide the City with 30 days notice of cancellation or restriction.
o Copy of Workers' Compensation insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida laws, including
Employers' Liability which meets all state and federal laws. All policies of insurance must be endorsed to provide the City with 30 days notice of
cancellation or restriction.
o Certified copies of all insurance policies as described above, when requested by the City in writing. New certificates and new certified copies of policies
shall be provided to the City whenever any policy is renewed, revised or obtained from other insurers.
o Importantl
The City of Clearwater may require the temporary removal of sidewalk cafes and all related fumiture and fixtures by the permit holder when street,
sidewalk, or utility repairs necessitate such action or when, at the City's sole discretion, it is necessary to clear sidewalks. The permit holder shall be
responsible for removing all sidewalk cafe fixtures at least two days prior to the date identified in writing by the City. The City shall not be responsible for
any costs associated with the removal or the retum and installation of any sidewalk cafe items.
The City of Clearwater may cause the immediate removal or relocation of all or any part of the sidewalk cafe or its fixtures in emergency situations. The
City, its officers, agents, and employees shall not be responsible for any damages or loss of sidewalk cafe fixtures relocated during emergency situations
and shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures.
The City of Clearwater shall have the authority to secure or remove fixture and other items associated with the sidewalk cafe if necessary in the interest of
public safety.
The sidewalk cafe operator is responsible for repair of damage to the sidewalk in the right-of-way caused by the sidewalk cafe. The repair shall be made
to City standards and within a reasonable timeframe.
The Community Development Coordinator may revoke a permit for any sidewalk cafe located on public right-of-way if it is found that:
1) Any necessary business or health permit has been suspended or revoked; or
2) The permittee does not have currently effective insurance in the minimum amount as required by Community Development Code Section
3.201.C; or
3) Changing conditions of pedestrian or vehicular traffic cause congestion necessitating the removal of the sidewalk cafe. Such decisions shall be
based upon the findings of the Community Development Coordinator, after consulting with the City Engineer, that the existing conditions
represent a danger to the health, safety or general welfare of the public; or
4) The permittee fails to comply with one or more conditions of the permit.
WHEREAS, (YJc...r/<... LJ;"J)llf?( (please print applicant's name) is applying for the right and license to operate a sidewalk cafe, a portion
of which may be located on a public sidewalk, right-of-way, or any other public property of the City.
NOW, THEREFORE, 111,-/ICl W/~(;"ase print applicant's name) agrees to indemnify and hold harmless the City and all of its officers or
employees from any and all claims, damages, lawsuits and actions at law or in equity of any character brought by any person or on account of any
injuries or damages sustained by any persons or property by or as a consequence of the operation of the sidewalk cafe, and that said agreement to
indemnify applies whether or not the act or omission complained of is authorized, allowed or prohibited by a right-of-way permit.
VV\~dt:... W 1i\J,ver(please print applicant's name) further agrees to be solely responsible for any damage to the City property and hereby
releases the City and all of its officers and employees from any and all claims, damages, lawsuits and actions at law or in equity that it may have
against the City or any of its offices of employees as a result of the use of the City property.
Application for Sidewalk Cafe Permit - Page 2 of 3
.
.
.Please read the followin information and affirm with si nature:
'01
I affinn that the ,n_a'on gl"'n 'n thl, aPI''''''''''' . comp~te and a","'ate. and I und""land that to make <aJoe '" ""udutent ,tetemen" ....'n ...
appllca'on may ,..u. 'n den~1 01 pennll and po","e ~ga' aotion. . g",nted a pennll. t agree to ope",te within the City and ,tate tawS. and to notify the
City licensing division if any of the information I have given changes. I also affirm that I am the business owner or owner's legal agent.
~<<- .!J!~
Signature and Title
/11/ C<. r I c.... W,' tJN r(
Print Name
)2 - /?' () 3
Date
FOR CITY USE ONLY - DO NOT WRITE BELOW THIS LINE
Corresponding Occupational License (OCL) # (for existing businesses):
Corresponding Flexible Development (FLD) or Flexible Standard Development (FLS) # (as applicable):
rLD200~- 12070
Zoning District: (Downtown or Tourist (Clearwatel Beach) for public ROW; Commercial District for private property)
Tout'Ll S"-
S:\BUlLDING DEPARTMENT\Forms 2002\Sidewalk Cafe Application.doc
Approval
Planning
Traffic Engineering
Building
Economic
Development
Other
Yes
No
Date
Inspector
Category # Fee
$120/year Date Issued
$50 for Amt. Paid
accessory cafe
(in addition to
existing,
approved
business
If part of a
FLS/FLD
application. no
additional fee
Total
Owner
Group
Application for Sidewalk Cafe Permit -'- Page 3 of 3
,
"
.
.
i.;'ECE: IVED
DEe 2 n 2003
12/20/03
PLANNING DEPARTMENT
CITY OF CLEP.R''''/\TCR
To: City of Clearwater
Re: Narrative
My husband, Don Winner former Clearwater City Commissioner, and I purchased the
property at 395 Mandalay Avenue, Clearwater Beach in 1974, 29 years ago and our family
has been in the women's retail business at he same spot for over 30 years. In the 30 some
years we have been on Clearwater Beach the beach has changed dramatically, South
Clearwater Beach with the condominiums and business, North Clearwater Beach with
upscale high rises. Development is all around us, but some things remain the same, such
as Mandalay Avenue is still the main artery to North Beach and Gulf Blvd. is the main
artery to South Beach and Sand Key. The intersection ofMandalay Ave. and Gulf Blvd.
has been remodeled into a round about and changed back, sort of, we'll call it a work in
progress. The city has adopted a Beach by Design as a format for upgrading the beach.
Along with this upgrade came the elimination of most of the parking spaces on Mandalay
Ave.
As a business owner you would think we would have been outraged at the elimination of
parking spaces out in front of our shop. but we weren't because we have known for
almost 30 years that we receive almost all of our business from foot traffic, visitors who
stay in the hotels and condo's and locals walk the beach. There has always been sufficient
parking at the public lots to accommodate us and we see no reason why changing our
parcel from retail to a restaurant would change any of that. I would have to assume the
city agrees or the wouldn't have removed the parking on Mandalay.
The other merchants around us have been very supportive of our idea and we've enclosed
a few of their letters.
We intend to be open from 11 :00 am to 10:00 pm. Our menu will be heavy on appetizers,
which goes a long with the enormous foot traffic, and fresh made to order salads,
sandwiches and entrees.
We believe, as our parking study indicates, that there is sufficient parking and we also
believe that we will get our restaurant business from the same place we get it from now,
from foot traffic.
Weare not asking for any egress or any changes to the traffic flow on ~andalay Avenue.
We would like to be able to put a few chairs and a couple of tables out front and on the
North side of the building for the side walk cafe look, which we believe Beach by Design
~
-
.
.
had in mind, as the Beach by Design seems to encourage re-development. For most of my
life I have been in the women's ready to wear business, something my husband and I loved
but now my sons, Todd and Tad Romine, have love of their own which is cooking.
We believe by changing into a restaurant this will enhance the beach, as we intend in
making it a nice family restaurant, somewhere where you can get a fresh orange squeezed
into juice while you wait, a real kids menu, anyone who travels much knows what I mean,
and a place in the summer a Dad can have a beer and enjoy an afternoon baseball game
while the family feels safe having lunch there also.
On the North side of the building we would like to have 4 or 5 stools. We would erect a
gate no more than 20 feet back from the front to eliminate any problems with the stairs on
that side. Changes to the outside of the building would basically be adding 2 walls and a
roof in the rear of the building where there is existing concrete, approximately 250 sq. ft.
We believe these changes we want to make will beneficial to the beach and an upgrade to
the block.
Thank You.
Mrs. Marla Winner
.
.
~ ,... '. ~ f--t t. ~'(l.,' ,,-
.1 91 tr1lff1-iUf~ /k~
C (Q...A.R.. "" ~ T~Q. ~ Ii 7- A..
,-~ , ~ ~ ,r m'1k( C!..e' ,vcU.AJ .
n(( 4- t::ttJ I r, e,J ct F ,4 (te.u- tkJ~ .,- ,4 T 39.:;-- #f~'~,(.,"""1 IJ.;~
/Vr v I.. 0 ~ t"Wf t' U tV ~ I e-(-.n ~ 41 I~/€ A!..r:..r.,...",.A/ rJ d ".J Hl~6J;?--M-Y .
tf,J R Ii 1f'Y e tP l.t M re 0 ~ vi k!.. ~'3....;:fi.( ~$ (c ~ , a .:j'u"'f-ll-S I#/., g. v .'L
frLc6.-<.t\....T Mc-if.no":', It"A)ol1~ (f~\ u/.I/ ~1\.s:!r:u;L- he n7':r'/C."..r/~~\
{:: oa. A i< e ~'" I\. ~ r. 1:().t.,4 e. '- ,i r "". ~.( ~" It /f -vo::-'!... <!>''''2, j/~. j4-) 17 1'1-1 e
-Ie 19 r T~ T jV It..u .. I'JIJ". r, f) N ~ I... ~ ...''-t A;' ~.!.~ 4 :; ,-' LJ,'to U"j.5
~. ..vee I!R /1
'7w C-\(:5~ S9.ec~ P~i'~
-...- ~ f
. /; ~;fL'~' Zu, 11. ~
, ~~~~~.
_J~~fi~> 7"ff~
'~'u' LI. I. "^". . J'Jn~ ~ ~~ ~', ~
'-fl' _ ~~).__~.,.,.t.~
~~'-'~<~~ ' dck<e.~M>>.JL:;t-~
~rLd~:r"?=,J-~~'J$~
~.JO ~cJ;a.o(~ ~~.
~~~ "",~~~JJ!.
C~~'/'jfrvwA~ oY.h.~rL~ ~~()
Cl.p"",c:.t<~'0 --,-"~k /"~~ .f\....~ /-I ~.
(11JU/V~~~)~~~~ "'~7ft'~
c:1.-k c;;tJv .~~rY./~f r'V~~ c //<vIt-tl'~r
l... ~' ~44-<"7U. C.&,t4 0),~ '?M.....,....,LLV ...
(~1 ,,,'--'- J..J..J.. r ~.~"""...<.<J. <4/ ~~~
(-ft.. [/ "I, . 1 ' '.l-
. It. h'-' ~/L.o"",~"'- C<A-<., I' C~ ~~...e~~./\-- ../-
" .
, r"~~ rf~1.-/l>/~' (.--~~ 'J~ V~PJ ",..., <.,j::.k"
()...J u'7 ~LJ?~J~pr~,.,~.'J d
~~L~Afr02-.""Y~ rcA-~~7~
. ~:,~Jl~ ~ ~.}.e. cv ~ i->.-:ft, !/fJ1".A4ttk
+ CJ~FV~." I ,
';, /' ' ,~)V "V ;,J.,'''-''
~ _l.-yl\CV ~;}/
3~t t-t ,-J ///
.A? .'
G /
r- NIi'!G DEPARTMENT
C! OF CU::fJ.(If\lt~T'-R
I
I
.
.
I
.
!
I
I
~
S
=I~ !
II ..
dS
ii
.1
II
~.
I-
I
Ii
.........
E(,~<IVE['
DEe 2 R LUU3
1
I
~88~
~
..0
(
,
~
)
rn~~ m ~ [If"~1
.
.
0" .
~.':
... ..
Ii ..
~~
~ I ..
.
ii
i I
&
l I
..
..
rnl
'1m
I!
Ii
'ill!!
..
..
-
I
.
-- -- g 1!XT1!1tI0R !!LeVA 110H& 0 - Iiiiiii ~ -
S - - · 0
~ g .tItaIIIIIIJiII ~ I ~!I. ~ TI
b g ~ ~ 13
~ 3'5 M~ Av_ 13
ct....It... Bftdt. Flende ~ ~
0 0 0 Ei
("~~I
. -......... _--.J-.w.,.......
N
r
~
~ NEW COUNTER TOP IBAR
2'O~ 1~~~5~~~I~D; OPNG
I
~T
EXI5T. AIUNING AND FRAME TO REMAIN.
FABRIC TO BE REPAINTED, TYPICAL ------
EXTERIOR
I,(~ 5T A!NlE5S STEEL AIRCRAFT
CABLE SUPPORTS ATTACHED TO
THRU-BOL TED EYE BOLT a EA.
END OF PANELS TO EXPANSION
BOL T CONNECTION ON EXISTI~G
STRUCTURE, TYPICAL OF EA. PANEL--. -
2.X 2" EXTRUDED PRE-FIN.
ALUM. FRAMING MEMBERS FOR
3'.X 38. ALUMINUM FRAME
PANELS WI I/~" LAMINATE
SAFETY GLASS. ------..
..r
,
\
II2"X 1/2. EXTRUDED PRE- \
FIN. ALUM. 5TOPS.---- -r"
\
\
\
\
\
\
,
\
\
00
r
-..I:l
-
1. ... ~'=Q:__m
EXISTING SIDEUI^,K --: 1_,
J~L__
------EXI5TING TIE BEAM AND
STRUCTURE TO REMAIN
- -NOTE: PROVIDE SURFACE
BOL T5 · SILL AND JAMB
TO SECURE PANELS.
('f)
r
'" l:TINC, FIN, FLOOR
t
WINDOW DET AIL
==--=::::.-::.:.::-.-:.====-----=-===:::~::::.=--=--=-=--= SCALE: 1/2. co 1'.0'
.-
- --- ---
DDD FOUIlER ASSOCfA TES ARCHTECTS, ~C.
DD H21 COURT STREET, '0
D ClEAR1IJATER. FLORIDA 33~
n21Hi1- 2021 FAX n21)+t1-5331
Pro/d: MAN 0 A LAY G R i~.!:...____
u... No.: 03-222
F~ No.: 1.1
D8tJ!: ---.?2.DEC.03
lUINDOW
DET AIL
.
.
.;
.
.
~ I
:3
-,
~
~
I
~
I I
I
i
I
- - - j
~IEe\v/llJ .....J/i...LI~
~tI9..a~/:ro.e~/~'1
-~e~ '''I ~LJ>.C.~
.i:5Je.Wu hJD
~
~
~~Ee\vl,J \..JIU,..IiJJ6
4t~\" c,t;<t,t:J (~/
~E(2\"I,..,f ~IUJ~
4r ?\v&111" UMf!,elc.~"
DDDFOlER ASSOCIATES ARCHITECTS. INC.
DD H2I COURT STREET. '0
D CLEARUIA fER. FLORIDA 33~
n21>+11-2021 FAX n21>+f1-5331
Prop MANDALA Y GRILL
c.. No.: 03-222
I1e Na.: U
Date: 22.DEC.03
=
= ~ ,,--,\LP
"'t"" _ '/'
I ('C\
/-4U = 1'-0"
SIGN
DETAIL
----
H~H 8, 1998 3:19PM
. RAMCO FORM 5 (PHOTO) . PINELLAS COUNTY FLA.
OFF.REC.BK 10053 PG 1789
lhis ~ndenlureJE("['VE
. , DEe 2 n 2003
.
(
,
'.
WARRANTY DEED
STATUTORY
F. S. 689.02
!\Jade tflis 9th day of
January
. A D. I () 98, Between
Marlee A... lvil1ne.i.
rJLANNII\!G DEPARTM
CITY OF C'-ElJ~\1i/!~T
. party of tfH' first pari. am[
an unremarried widow
of tIle County of Pinellas
. in tll(> State of Florida
Marlee A. Winner 9~ Trustee u/a/d January 9, 1998
of tIle County of Pinellas . in the State of Florida
395 Mandalay Avenue, Clearwater, FL 33767
. !IIllOse post office address is
part y
of tIle second part.
~ilneSStth, That the said party of tIle first part. for and in consideration of the sum of
Ten and no/ 1 00----------------------------------_________________________ Dollars,
to her in hand paid by the said part y of the second part, the receipt whereof is hereby ac/mowl-
edged, ha s granted, bargained, and sold to the said party of the second part, her heirs
and assigns forever, the following described land, situate, and being in the County of Pinellas
State of Florida , to-wit:
See attached Exhibit A.
Excepting and reserving to the Grantor herein an estate for and during
her life.
) {'
.__...__--w'
-'d
DoctJmt:>n!;1ry Tel( PIt. $_.__~ -:.. ______
$ ._._..____.__. ._.__._.__IJ1!:~:::: :, L~v. Pet
l(--r'n,'0 r ("FPJ",.:-r r.I,..', r; "".'~. '>''''0'-
r ,'. '.. - ',...~ ,. . .. I . ~'l ''9 .' "." I ,J".
Oy __ " __ DJ/,u:! ~:n~
5C0'15705 PAO 04'-O's-1'i'i8 i5;l.J'/:OO
01 DEO..NARLEE A ~11 r.jf;j[R Af; T rfr
RECORDING '1. 'no. :;0
DOC STAhP . DF219 ~<" ;1.1
. ..~.,,". \''11.-
" . '/" --0
,.~~ I(:?'_~~
1'; __....././ <oJ
NT
.El,S
ITF
r ~ . \'
.--.-..
f' ITA;.7/ ,2'0
.. ....
r
';); rL ;
~'~ 1 t i ~:
CHE(~: f~r~T. TEJ;IDE;~[U:
...;.: :.1
';' 1. i # i~U
C}~(~rii~!l :
'.I. I:: f
And the said party of the first part do es Iwreby fully warrant tIle title to said land, and will defend the
same against the lawful claims of all persons wltomsoeuer.
In lifitness ltfhereof, TIle said part y of lite first part Ilcs
hand and seal tlte day and year first above written.
hereunto set her
Sig~ sealed and deliuered in the presence of:
Uju TH SU I(;N~I~mmm
umj?~u~mmm.....mu
RICHARD D. GREEN
/;?1~dt~/~__.
MARLEE A. lVINNER
..--....--.--...--....--........--..........--......--..--....--..-.--.---....----..
STATE OF FLORIDA,
COUNTY OF P INELLAS
}
I HEREBY CERTIFY that on this day. before me, an
officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Marlee A. Winner
to me known to be the person described in and who executed the foregoing instrument and she
before me that she executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this
January A. D. 19 98
acknowledged
9th
day of
" ~~
.. .--...................... ........ ..................--.......... ..............1..........____......
f; .I (1
t~( }() ........... .
/ s,J' 't._ AICHAAo D. GAUlt ...
. "". m/y. ''SPared hy,' #&;~~a:...
....~ If.. 6-,tJ.C?r7 ~fJ.. 3t _ am
'1 I /- "'i BONDm THAU
' '(''-tV '5 f- OFf\: ATLNmC SOONG CO 'He
kr.E~ ..331__.:[5" '
.
.
,
,
PINELLAS COUNTY FLA.
OFF.REC.BK 10053 PG 1790
E X H I BIT - -A-
. Lot. . 21' aqd22 ~81ciaf~'At';~BAR80UR~~RROW SUBDIVISION. acco~dlna 'to.the .~p:. at; '~~'~:.:;I:,1
.: ~h.t:eof '-. ncor'dedlo'.Pht Book 23, 'Pa,I' 45. PubUc' Record..of .~lDeu..i.coUDty.. t'.::::;:
"'~~Ud.,: 'LESS aod 'l:Xcm that part. o~ LOt 21 d,.acribld ~. ~ollowel .,:' . i': . ... ./: ... /':~;,:.(
'.,,8Ialo at' th.' NorthWest corner~f...Lot 21, Block A', Barbour-Hor(~ Subd1vl~to~~d":.:-:!;iri
.l'UU th.oce Southerly along the laaterly r1aht-of....ay of Hand.lay Road. 20 fe.tJ:.;..... .;::':
. ~h'De.', Jait.rlt . paraUll. to the NcSrt~ Une of ~a1d Lot, 68 leet ith.oc. Horth!-rl, "'::.'
parallel to the baUrly ltne' of'Handahy,lo..', 20 feet to the NortlliilJt Un'; Qf'.":'.':.;
"aaid lot; 'thene, Welterly along the Northnly 11n8 of ..~d Lot, 68. f.et '~o the ,.:,~:'::'
'.' Point ;of IIeI1nnt~.' .
. .~
..
.
.
PAl D
::.4~~~~~~
FLD2003-12070
395 MANDALA Y A VE
Date Received: 12/26/2003
MANDALAY GRILL
ZONING DISTRICT: T
LAND USE: RFH
ATLAS PAGE: 267A
PLAi'4NING & DEVELOPMENT SVC~
CITY OF CI.EARWATER
CLWCoverSheet
(} p , ~ I ^' 1\ ,
, ,
C') ~ 't:l 't:l . e-
o .; 0 0 .; 0
c. ~ 0 0 15.
N r- g. .n g. .n
-- ";I: - IF) - .0:;
~ 0 0 0 u
= = ~
N C') =' N~ M~ =' "t
-- ";I: <= <= u
N e .... e ....
..... 0 GI"l GI"l
..... < <
-; -;
- ....
<= 't:l <=
Eo< ~ Eo-;
e >
'a:l ~ ....
~ U =
- ~ 0 e
- lX: '"
~ ....
~ = ~ Cl) >> c::
:::s p.. ~ 0
== <= ~ p.. :;::
::c ...... .~
8 N
u a.
.( ~
N 0.
~ ..... III
= '<t Q)
= C')
~ I :6
.. 0
~ ..... '5
0
Q)
<= E
z 0
= e u
.... :!: -
:]
\0 I:: E 0
=
~ <= .... Q)
~ u Q)
~ 0.:6
= III 0
= .... -
..12 IJ)
= III
= ~ <= !::c::-o
= 0 z ~ .Q Q)
0 -
= = a:::: -.-
M w~~
= ....... =' ~
\C <= 1l.=0
= u C') c( 0. c:: '+-0
M u ~
= ....... < ~ .... g- ~ 0
~ M
= ..... Oc::- <1)
= .. ZIll= ~
M QJ U)....~ 0..
....
~ ~ -0:]
~ <= U)~o
.. Z -0.>-
:;t: ";j .:.: :I: .- "0
.... 'u = ! ....Q)c::
c.. .... ~ U III
~ l:l:I '" ~
... Ill~
~
C.J .!!1 ~
~ = 0
~ .~ u IJ) .-
- Cl) .- >
Cl. ;s ~ ~
'i:
u x Q)
'" Cl) .0
~
Q ~
.~
c::
0
~ ~ ~
't:l ~ ,g
<=
u ::E 0.
= ~ 0.
~ III
.... '<t
Eo< 0 0 .!!1
.... .c
~ 0 I-
>. 0
~
g. 1--<
0
r-
0
N
-
I
C')
<= 0
z 0 't:l
N <= ~
;,; ~ 0 .c (.)
'" ~ l: ]
e ~ ....l
~ U ~ = ::?J u
-
- e
~
= >>
:::s ~
p..
6 ~fl.JJ1f./f7 ,d'L"7;r J"
~~G~ 'i,~L.OF rlltA"@
,\~~ ~,,'''''6~~7~.....
..~~.~ ",., .. ~~~/.l;"
..,"i;;::' I ,~-_...-""
~~l~'\ I/f.tvn~ ~ ':.
I!j~ J.. '<.("l
'" ,= '\
",I!::':.';.. -:---=.. ..
"'~.~- --- il
'::.~fi-.. -~- - ,,~ \
-~fA~.un""~~;';';
"'-q.,~7E1(\"iI'~.
q ~_"ff S I
LOp?, 7' UItGt71TT
C FAied ~ ~~~
CITY OF LEARWATER
PlANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
LONG RANGE PLANNING
DEVELOPMENT REVIEW
April 30, 2004
Mr. Stephen R. Fowler
Fowler Associates, Architects, Inc.
1421 Court Street, Suite D
Clearwater, FL 33756
RE: Development Order regarding Case FLD2003-12070 at 395 Mandalay Avenue
Dear Mr. Fowler:
This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community
Development Code. On April 20, 2004 the Community Development Board reviewed your
application for Flexible Development approval to permit a reduction in lot size from 5,000
square feet to 4,040 square feet, a reduction in the side (south) setback to 0.5 feet (to building)
and zero feet (to pavement), a reduction in the front (west) setback to three feet (to building) and
zero feet (to pavement), a reduction in the side (north) setback to .9 feet (to building) and zero
feet (to pavement), a reduction in the rear (east) setback to 0.5 feet (to building) and zero feet (to
pavement), a reduction in required parking from 15 spaces per 1,000 square feet to zero for a
restaurant and to permit three dwelling units above as a Comprehensive Infill Redevelopment
Project, under the provisions of Section 2-803.C The Community Development Board (CDB)
APPROVED the application with the following bases and conditions:
Bases for Approval:
1. The proposal complies with the Flexible Development criteria per Section 2-803.C.
2. The proposal is in compliance with other standards in the Code including the General
Applicability Criteria per Section 3-913.
3. The development is compatible with the surrounding area and will enhance other
redevelopment efforts.
Conditions of Approval:
1. That the applicant provide the necessary documentation to validate the use of the required six
parking spaces for the three residential units within thirty days of the date of the CDB
meeting (by May 20, 2004);
2. That a grease (trap) compliance certification be installed prior to building permit;
3. That the final design and color of the building be consistent with the conceptual elevations
submitted to, or as modified by the CDB; and
BRIAN J. AUNGST, MAYOR-COMMISSIONER
HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HIBBARD, COMMISSIONER @ BlI_LJONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
April 30, 2004
Fowler - Page 2
4. That all signage be consistent to the design/colors submitted and comply with the
requirements of the signage portion of the Community Development Code and Beach By
Design.
Pursuant to Section 4-407, an application for a building permit shall be made within one year of
Flexible Development approval (April 20, 2005). All required certificates of occupancy shall be
obtained within one year of the date of issuance of the building permit. Time frames do not
change with successive owners. The Community Development Board may grant an extension of
time for a period not to exceed one year and only within the original period of validity.
The issuance of this Development Order does not relieve you of the necessity to obtain any
building permits or pay any impact fees that may be required. In order to facilitate the issuance
of any permit or license affected by this approval, please bring a copy of this letter with you when
applying for any permits or licenses that require this prior development approval.
Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated
pursuant to Section 4-502.B by the applicant or by any person granted party status within 14 days
ofthe date ofthe CDB decision. The filing of an application/notice of appeal shall stay the effect
of the decision pending the final determination of the case. The appeal period for your case
expires on May 4,2004 (14 days from CDB decision).
If you have any questions, please do not hesitate to call Bryan S. Berry, Planner at 727-562-4553.
You can access zoning information for parcels within the City through our website:
http://www.c1earwatcr-fl.com/.
fr'
S:IPlanning DepartmentlC D B\FLEXlPending caseslReviewed and PendinglMandalay Ave 395 - Winner restaurant (T)\Mandalay Ave 395
Development Order. doc
..J ·
"!
.
CITY OF
. CoPy:- DP.&r /YJA /I".er;f
~ - :/)'D'-f
C fA)c'ec.f M Wll./TEe
LEARWATER
,,811''''''0#
~..~~J\LOF rNtJr#
A~~ 'i'i).""u""cf7~_
.."~~tt .. "'#.;.~_
.."~/ \1, -~':. <> ':.
..~~,,~!i(w.;rrl ~ ~ -.
"'C'":) -.' <:("
....-~ ......~
..'!.....ol. ~~
"'..~~.._= ~It
~~~..~ ,,~,:\
- ,/A';F:-'~ ",\." .\
.... r?J.. '..rFI;I' ~V~"
"'#~4',:4TE~",jjj
'1111'
PIANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
LONG RANGE PLANNING
DEVELOPMENT REVIEW
April 30, 2004
Mr. Stephen R. Fowler
Fowler Associates, Architects, Inc.
1421 Court Street, Suite D
Clearwater, FL 33756
RE: Development Order regarding Case FLD2003-l2070 at 395 Mandalay Avenue
Dear Mr. Fowler:
This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community
Development Code. On April 20, 2004 the Community Development Board reviewed your
application for Flexible Development approval to permit a reduction in lot size from 5,000
square feet to 4,040 square feet, a reduction in the side (south) setback to 0.5 feet (to building)
and zero feet (to pavement), a reduction in the front (west) setback to three feet (to building) and
zero feet (to pavement), a reduction in the side (north) setback to .9 feet (to building) and zero
feet (to pavement), a reduction in the rear (east) setback to 0.5 feet (to building) and zero feet (to
pavement), a reduction in required parking from 15 spaces per 1,000 square feet to zero for a
restaurant and to permit three dwelling units above as a Comprehensive Infill Redevelopment
Project, under the provisions of Section 2-803.C The Community Development Board (CDB)
APPROVED the application with the following bases and conditions:
Bases for Approval:
1. The proposal complies with the Flexible Development criteria per Section 2-803.C.
2. The proposal is in compliance with other standards in the Code including the General
Applicability Criteria per Section 3-913.
3. The development is compatible with the surrounding area and will enhance other
redevelopment efforts.
Conditions of Approval:
1. That the applicant provide the necessary documentation to validate the use of the required six
parking spaces for the three residential units within thirty days of the date of the CDB
meeting (by May 20, 2004);
2. That a grease (trap) compliance certification be installed prior to building permit;
3. That the final design and color of the building be consistent with the conceptual elevations
submitted to, or as modified by the CDB; and
BRIAN]. AUNGST, MAYOR-COMMISSIONER
HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BII.LJONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
....
.
.
April 30, 2004
Fowler - Page 2
4. That all signage be consistent to the design/colors submitted and comply with the
requirements of the signage portion of the Community Development Code and Beach By
Design.
Pursuant to Section 4-407, an application for a building permit shall be made within one year of
Flexible Development approval (April 20, 2005). All required certificates of occupancy shall be
obtained within one year of the date of issuance of the building permit. Time frames do not
change with successive owners. The Community Development Board may grant an extension of
time for a period not to exceed one year and only within the original period of validity.
The issuance of this Development Order does not relieve you of the necessity to obtain any
building permits or pay any impact fees that may be required. In order to facilitate the issuance
of any permit or license affected by this approval, please bring a copy of this letter with you when
applying for any permits or licenses that require this prior development approval.
Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated
pursuant to Section 4-502.B by the applicant or by any person granted party status within 14 days
of the date of the CDB decision. The filing of an application/notice of appeal shall stay the effect
of the decision pending the final determination of the case. The appeal period for your case
expires on May 4,2004 (14 days from CDB decision).
If you have any questions, please do not hesitate to call Bryan S. Berry, Planner at 727-562-4553.
You can access zoning information for parcels within the City through our website:
http://www . clcarwatcr- fl.comJ.
~.
S:IPlanning DepartmentlC D BIFLEXiPending caseslReviewed and PendinglMandalay Ave 395 - Winner restaurant (T)\Mandalay Ave 395
Development Order. doc
.
.
CDB Meeting Date:
Case Number:
Agenda Item:
Applicant:
Representative:
Address:
April 20. 2004
FLD2003-12070
D2
Ms. Marla Winner
Mr. Stephen Fowler. Fowler and Associates
395 Mandalav Avenue
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
FILE COpy
GENERAL INFORMATION:
REQUEST:
Flexible Development approval to permit a reduction in lot size from
5,000 square feet to 4,040 square feet, a reduction in the side (south)
setback to 0.5 feet (to building) and zero feet (to pavement), a
reduction in the front (west) setback to three feet (to building) and
zero feet (to pavement), a reduction in the side (north) setback to 0.9
feet (to building) and zero feet (to pavement), a reduction in the rear
(east) setback to 0.5 feet (to building) and zero feet (to pavement), a
reduction in required parking from 15 spaces per 1,000 square feet to
zero and termination of status of non-conformity regarding density
for three existing units for a mixed use totaling 2,450 square feet of
restaurant and 2,679 square feet of residential use as a
Comprehensive Infill Redevelopment Project, under the provisions
of Section 2-803.C
EXISTING ZONINGI
LAND USE:
Tourist District (T); Residential Facilities High (RFH)
PROPERTY SIZE:
0.09 acres
PROPERTY USE:
Current Use: Retail Shop
Proposed Use: Mixed Use (Restaurant and Residential)
ADJACENT ZONINGI
LAND USES:
North: Tourist District (T) I Restaurant
West: Tourist District (T) I Hilton hotel
East: Tourist District (T) I Retail sales
South: Tourist District (T) I Retail sales
ANALYSIS:
Site Location and Existing Conditions: The 0.09-acre site is located on the east side of
Mandalay Avenue, approximately 200 feet north of Pier 60 Drive. The parcel is "L" shaped with
the eastern one third of the parcel extending further north, as seen on the survey. The property has
two existing buildings, with the primary structure being two stories and totaling 4,204 square feet.
Staff Report - Community Development Board - April 20, 2004 - Case FLD2003-1207o- Page 1
.
.
The primary building is divided into two separate tenant spaces on the ground floor and currently
used as retail sale of women's clothing, jewelry, and accessories. Located on the second floor of
the primary building are two residential dwelling units. The second building, or cottage, is 574
square feet and consists of one dwelling unit, bringing the total number of existing dwelling units
on site to three.
The parcel is located on Clearwater Beach and falls under the vision of Beach By Design's Retail
and Restaurant District. The overall vision for the district is to establish and maintain a vital retail
and restaurant streetscape. A key element of the Retail and Restaurant District strategy is the
construction of a parking garage, which will provide convenient parking to the District. The
property has no physical parking located on site. The only parking provided according to the
applicant, are 6 leased spaces from the adjacent property owner to the north at 399 Mandalay
Avenue.
Proposal:
The applicant is proposing to convert the existing 2,100 square foot ground floor from retail sale
into a restaurant and add an additional 351 square feet onto the rear eastern portion of the building
for a kitchen and walk-in cooler/freezer. Arestaurant is a permitted use within the Tourist District.
The proposed restaurant will seat approximately 151 customers, not including the total number of
barstools and sidewalk tables shown on the plan. Because the applicant has requested a change of
use from the existing retail sale to restaurant, the existing lot area, lot width, building floor area
ratio, setbacks, parking, and density are non-conforming with regards to the present Community
Development Code; therefore the applicant has filed as a Comprehensive Infill Redevelopment
Project.
The parcel is located within a strip of development along Mandalay Avenue that is largely
dependent upon available public parking. This is an existing condition all property owners along
Mandalay Avenue are facing with regards to meeting parking requirements through any change of
use or redevelopment. A large portion of the potential customers for the strip of development
along Mandalay Avenue are "walk-up" due to surrounding uses and the pedestrian nature of the
Retail and Restaurant District as planned in Beach By Design. Some of the nearby hotels and
residential developments within walking distance are The Hilton, Clearwater Beach Hotel,
Mandalay Beach Club, and Belle Harbor.
The restaurant use requires 7-15 parking spaces per 1,000 square feet of floor space. The number
of parking spaces required is a minimum of 17, at the 7 per 1,000 ratio and 39, at the 15 per 1,000
ratio. Due to existing site and building conditions there is currently no parking located or
potentially available on site.
One of the criteria set forth under the Restaurant use in the Community Development Code in
Section 2-803 is a reduction may be granted if adequate parking is available on a shared basis as
determined by all existing land uses within 1,000 feet of the parcel proposed for development, or
parking is available through any existing or planned and committed parking facilities.
Staff Report - Community Development Board - April 20, 2004 - Case FLD2003-l207D- Page 2
.
.
The applicant submitted a typed statement, signed by the property owner at 399 Mandalay Avenue
for the lease of six spaces. No documentation was provided showing the owner at 399 Mandalay
Avenue to have sufficient parking for the existing use and an additional six spaces to lease. The
applicant also submitted a parking study performed by Gulf Coast Consulting. The scope of the
study was on Friday, December 5th and Saturday, December 6th from 11 AM to 8 PM. The study
concluded that 714 public parking spaces are located within the required 1,000 feet of the parcel,
with a maximum number of 373 spaces (or 43%) being occupied during any hour of the study
period.
A planned five-story public parking facility at 483 Mandalay Avenue has been submitted to the
City of Clearwater Planning Department and reviewed by the Development Review Committee on
April 1, 2004. The parcel of 1.69-acres is proposed to accommodate 418 public parking spaces for
the greater Retail and Restaurant District in Beach By Design.
The property is 4,060 square feet or 0.09 acre. The underlying future land use is Residential
Facilities High (RFH), which permits 30 dwelling units per acre or 40 overnight accommodations.
The total number of permitted dwelling units for the parcel is two. There are currently three
dwelling units on the property. The applicant is requesting to terminate the non-conforming status
regarding density and retain the three dwelling units. Section 6-109.B of the Community
Development Code states a level two approval shall not be granted to terminate status as a
nonconforming use or structure unless the nonconformity is improved according to the following
requirements:
1. Perimeter buffers conforming to the requirements of Section 3-1202.D shall be
installed:
Perimeter buffers are exempt in the downtown and tourist districts. The parcel is also
located within a strip of development that would not function well with buffers
separating adjacent parcels.
2. Off-street parking lots shall be improved to meet the landscaping standards established
in section 3-1202.D:
There is no parking located on site.
3. Any nonconforming sign, outdoor lighting or other accessory structure or accessory use
located on the lot shall be terminated, removed or brought into conformitv with this
development code:
There is no existing signage located on the parcel. All advertising is through window
display located on the storefront. There is no outdoor lighting that is non-conforming.
A 574 square foot accessory structure or cottage is located on the parcel in the
northeastern portion of the property. This cottage houses the third dwelling unit that is
in the request to be terminated from the non-conforming status.
Staff Report - Community Development Board - April 20, 2004 - Case FLD2003-l2070- Page 3
.
.
4. The comprehensive landscaping and comprehensive sign programs may be used to
satisfy the requirements of this section:
The proposed signage is 20 square feet. This IS the mInImUm per business
establishment with a principal exterior entrance.
The applicant is proposing to renovate the exterior by replacing the two existing doors with one
main entrance, along with additional painting and one attached sign. The proposed colors are
compatible with the color palette recommended in Beach By Design and the fayade renovations
will help to enhance the streetscape along Mandalay Avenue. The hours of proposed operation are
from 11 :00 AM to 10:00 PM. The application meets the intent of the Retail and Restaurant District
of Beach By Design.
CODE ENFORCEMENT ANALYSIS:
There are no outstanding enforcement issues associated with this site.
STANDARDS AND CRITERIA: (Sections 2-803.C):
STANDARD PROPOSED CONSISTENT INCONSISTENT
MAXIMUM FLOOR 1.2 [ ] [X]*
AREA RATIO (FAR) (1.0)
IMPERVIOUS SURFACE 0.95 [X] [ ]
RATIO (ISR) (0.95)
LOT AREA (min. 5,000-10,000 4,060 square feet [ ] [X]*
sq. ft.}
LOT WIDTH (min. 50-100 ft.) 24.3 feet [ ] [X]*
FRONT SETBACK (0-15 feet) 3.2 feet to building and 0 [ ] [X]*
feet to pavement
REAR SETBACK (10-20 feet) 0.9 to metal shed and 3.3 [ ] [X]*
feet to building
SIDE SETBACK (0-10 feet) a.) 0.5 feet to building and 0 [ ] [X]*
feet to pavement on side
(south) setback
b.) 2.9 feet to building and 0
feet to pavement on the side
(north) setback
HEIGHT (25-100 feet) 25 feet [X] [ ]
PARKING SPACES (7-15 spaces 6 spaces leased from [ ] [X]*
per 1,000 GFA) adjacent property at 399
Mandalay A venue and
parking study
* See staff analysis
Staff Report - Community Development Board - April 20, 2004 - Case FLD2003-l2070- Page 4
. .
FLEXIBILITY CRITERIA (Section 2-803.C):
Consistent Inconsistent
1. The development or redevelopment of the parcel proposed for [X] [ ]
development is otherwise impractical without deviations from the use,
intensity and development standards;
2. The development of the parcel proposed for development as a [X] [ ]
comprehensive infill redevelopment project will not reduce the fair
market value of abutting properties;
3. The uses within the comprehensive infill redevelopment project are [X] [ ]
otherwise permitted in the City of Clearwater;
4. The uses or mix of uses within the comprehensive infill redevelopment [X] [ ]
project are compatible with adjacent land uses;
5. The development of the parcel proposed for development as a [X] [ ]
comprehensive infill redevelopment project will upgrade the
immediate vicinity of the parcel proposed for development;
6. The design of the proposed comprehensive infill redevelopment [X] [ ]
project created a form and function which enhances the community
character of the immediate vicinity of the parcel proposed for
development and the City of Clearwater as a whole;
7. Flexibility in regard to lot width, required setbacks, height and off- [X] [ ]
street parking are justified by the benefits to community character and
the immediate vicinity of the parcel proposed for development and the
City of Clearwater as a whole;
8. Adequate off-street parking in the immediate vicinity to the shared [ ] [X]*
parking formula in Division 14 of Article 3 will be available to avoid
on-street parking in the immediate vicinity of the parcel proposed for
development;
9. The design of all buildings complies with the Tourist District design [X] [ ]
guidelines in Division 5 of Article 3.
GENERAL STANDARDS (Section 3-913):
Consistent Inconsistent
1.
Development of the land will be in harmony with the scale, bulk,
coverage, density and character of adjacent properties.
[ ]
[X]*
2.
Development will not hinder or discourage development and use of
adjacent land and buildings or significantly impair the value thereof.
[X]
[ ]
Staff Report - Community Development Board - April 20, 2004 - Case FLD2003-12070- Page 5
.
.
3.
Development will not adversely affect the health or safety of persons
residing or working in the neighborhood.
[X]
[ ]
4.
Development is designed to minimize traffic congestion.
[ ]
[X]*
5.
Development is consistent with the community character of the
immediate vicinity.
[X]
[ ]
6.
Design of the proposed development mInImIZeS adverse effects,
including visual, acoustic and olfactory and hours of operation
impacts on adjacent properties.
[X]
[ ]
* See staff analysis
SUMMARY AND RECOMMENDATION:
The Development Review Committee reviewed the application and supporting materials on
January 29, 2004. The Planning Department recommends APPROVAL of the application for
Flexible Development approval to permit a reduction in lot size from 5,000 square feet to 4,040
square feet, a reduction in the side (south) setback to 0.5 feet (to building) and zero feet (to
pavement), a reduction in the front (west) setback to three feet (to building) and zero feet (to
pavement), a reduction in the side (north) setback to 0.9 feet (to building) and zero feet (to
pavement), a reduction in the rear (east) setback to 0.5 feet (to building) and zero feet (to
pavement), a reduction in required parking from 15 spaces per 1,000 square feet to zero and
termination of status of non-conformity regarding density for three existing units for a mixed use
totaling 2,450 square feet of restaurant and 2,679 square feet of residential use as a Comprehensive
Infill Redevelopment Project, under the provisions of Section 2-803.C, with the following bases
and conditions.
Bases for Approval:
1. The proposal complies with the Flexible Development criteria per Section 2-803.C.
2. The proposal is in compliance with other standards in the Code including the General
Applicability Criteria per Section 3-913.
3. The development is compatible with the surrounding area and will enhance other
redevelopment efforts.
Conditions of Approval:
1. That a grease (trap) compliance certification be installed prior to building permit;
2. That the final design and color of the building be consistent with the conceptual elevations
submitted to, or as modified by the CDB; and
3. That all signage be consistent to the design/colors submitted and comply with the requirements
of the signage portion of the Community Development Code.
Staff Report - Community Development Board - April 20, 2004 - Case FLD2003-l2070- Page 6
.
Prepared by: Planning Department Staff:
ATTACHMENTS:
Aerial Photograph of Site and Vicinity
Location Map
Future Land Use Map
Zoning Atlas Map
Application
.
B~
E:IPlanning DepartmentlC D BIFLEX\Pending caseslReviewed and PendinglMandalay Ave 395 - Winner restaurant (T)lMandalay Ave 395 StaffReport.doc
Staff Report - Community Development Board - April 20, 2004 - Case FLD2003-1207O-- Page 7
e
-
CDB Meeting Date:
Case Number:
Agenda Item:
Applicant:
Representative:
Address:
March 16, 2004
FLD2003-12070
Dl
Ms. Marla Winner
Mr. Stephen Fowler, Fowler and Associates
395 Mandalay A venue
CITY OF CLEARWATER
PLANNING DEPARTMENT
ST AFF REPORT
UPDA TE: The applicant is requesting that this application be continued to a later date.
REQUEST:
Flexible Development approval to permit a reduction in lot size from
5,000 square feet to 4,040 square feet, a reduction in the side (south)
setback to 0.5 feet (to building) and zero feet (to pavement), a
reduction in the front (west) setback to three feet (to building) and
zero feet (to pavement), a reduction in the side (north) setback to 0.9
feet (to building) and zero feet (to pavement), a reduction in the rear
(east) setback to 0.5 feet (to building) and zero feet (to pavement),
and a reduction in required parking from 15 spaces per 1,000 square
feet to zero for a restaurant use as a Comprehensive Infill
Redevelopment Project, under the provisions of Section 2-803.C
EXISTING ZONINGI
LAND USE:
Tourist District (T); Residential Facilities High (RFH)
PROPERTY SIZE:
0.10 acres
PROPERTY USE:
Current Use: Retail Shop
Proposed Use: Restaurant
ADJACENT ZONINGI
LAND USES:
North: Tourist District (T);
West: Tourist District (T);
East: Tourist District (T);
South: Tourist District (T);
S:\Planning Dt:partrnent\C D B\Flex\Pending cases\Up for the next CDB\Mandalay Ave 395 . Winner restaurant (T)\Mandalay Ave 395 request for continuance StaffRepon.doc
Staff Report - Community Development Board - March 16, 2004 - Case FLD2003-1207Q- Page 1
.
.
CITY OF CLEARWATER
NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS
The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday, March 16,
2004, beginning at 2:00 p.m., in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue,
Clearwater, Florida, to consider the following requests:
NOTE: All persons wishinl! to address an item need to be present at the BEGINNING of the meetinl!. Those cases
that are not contested by the applicant. staff. neil!hborinl! property owners. etc. will be placed on a consent al!enda
and approved by a sinl!le vote at the bel!inninl! of the meetinl!.
1. (cont. from 12/16/03) Michael & Stefanie Markham are requesting an appeal of the decision of a Level One (Flexible
Standard Development) that approved an application reducing the side (east) setback from 15 feet to 10 feet for a two-story
addition to an existing single family dwelling, as a Residential Infill Project, under the provisions of Section 2-103.B
(FLS2003-08038). (Proposed Use: A 1,528 square-foot, two-story addition, including a third car garage (with a driveway
extension) in association with an existing single-family dwelling) (Owners: Jeffrey and Ambryn Finstad) at 2959 Eal!Ie
Estates Cir. W., Eagle Estates, Lot 38. APP2003-00003
2. Top Flil!ht Enterprises. Inc & 1925 Edl!ewater Drive. Inc. are requesting a flexible dev~opment approval to permit a
reduction in the side (east) setback on Sunnydale Drive from 10 feet to 5.85 feet (to pavement) and, an increase of building
height from 35 feet to 75 feet from base flood elevation of 13 feet MSL (with height calculated to the midpoint of the roof
slope) to construct 77 multi-family residential (attached) units, under the provisions of Section 2-803.B. (Proposed Use:
Attached multi-family residential units) at 1919 & 1925 Edl!ewater Dr. & 1010. 1012 & 1020 Sunset Point Rd.,
Sunnydale Sub, Lots 1,2 and W 34 ft of Lot 3; Sunset Point and Replat Lots 2 & 3; Blk A, the E 3 ft of Lot 4, Lot 5,6, 7,
together with the W 15 ft of Lot 8. FLD2003-09050
3. Massoud & Malouse Dabiri are requesting a flexible development approval to reduce the number of parking spaces
from 34 to 32 spaces, to reduce the front setbacks (north and south) from 25 feet to 10 feet (to pavement), reduce the side
setback from 20 feet to 10 feet (to pavement), and a building height increase to 39.5 feet, as a Comprehensive Infill
Development under the provisions of Section 2-1004.B. (Proposed Use: Office building) at 117 McMullen Booth Rd.,
Crystal Heights Sub, Lots 1 & 2. FLD2003-11061
4. Belle Aaua Villas. LLC are requesting a flexible development approval to permit a multi-use dock, under the provisions
of Section 3-601. (Proposed Use: Multi-use dock for six slips totaling 720 square feet, with each dock measuring 60 feet in
length from the seawall, in conjunction with a six-unit townhome development) at 125 Bril!htwater Dr., Bayside Sub. No.
2, Lots 7 & 8. FLD2003-11062
5. Belle Aaua Villas. LLC are requesting a flexible development approval to permit a multi-use dock, under the provisions
of Section 3-601. (Proposed Use: Multi-use dock for six slips totaling 720 square feet, with each dock measuring 60 feet in
length from the seawall, in conjunction with a six-unit townhome development) at 116 & 120 Bril!htwater Dr., Bayside
Sub. No.2, Lots 53 & 54. FLD2003-11063
6. ENT A Investments. LLC are requesting a flexible development approval to permit the expansion of a medical clinic
with reductions to the front (east along South Fort Harrison Avenue) setback from 25 feet to 10 feet (to existing building),
from 25 feet to three feet (to existing pavement) and from 25 feet to 15 feet (to proposed pavement), reductions to the front
(north along "B" Street) setback from 25 feet to zero feet (to existing building) and from 25 feet to seven feet (to proposed
dumpster enclosure), a reduction to the front (south along "C" Street) from 25 feet to two feet (to existing pavement) and
reductions to the side (west) setback from 10 feet to eight feet (to existing building), from 1 0 feet to zero feet (to existing
pavement) and from 10 feet to five feet (to proposed pavement), as a Comprehensive Infill Redevelopment Project, under
the provisions of Section 2-704.C, and to permit reductions to the landscape buffer along the front (east along South Fort
Harrison Avenue) property line from 15 feet to 10 feet (to existing building) and from 15 feet to three feet (to existing
pavement), a reduction to the landscape buffer along the front (north along "B" Street) from 10 feet to zero feet (to existing
building), a reduction to the landscape buffer along the front (south along "C" Street) from 10 feet to two feet (to existing
pavement) and a reduction to the landscape buffer along the west property line from five feet to zero feet (to existing
pavement), as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G (Proposed Use:
Expansion of an existing 3,096 square-foot medical clinic through the renovation of an existing 2,357 square-foot building
for administrative purposes) at 1320 Ft. Harrison Ave., Belleair, Blk 24, Lot 1-2 & vac alley on W, Lots 3,4 & 5 & E 1/2
ofvac alley. FLD2003-12066
.
.
7. IIhan Bill!:utav (Pat Sheppard) is requesting a flexible development approval to permit construction of 2 medical clinic
offices with building A totaling 7,985 sq ft and building B totaling 8,488 sq ft along with reductions to the front (southeast)
setback along Lakeview Rd from 35 ft to 15 ft (to pavement), the side (north) setback from 20 ft to 10 ft (to pavement) and
the side (west) setback from 20 ft to 15 ft (to building) under the provision of Section 2-1004.C. (Proposed Use: 2 medical
clinic offices totaling 16,473 sq ft) at 720 Lakeview Rd., Sec. 21-29-15, M&B 14.21. FLD2003-12067
8. Marlee A. Winner is requesting a flexible development approval to permit a reduction to lot size from 5,000 sq ft to
4,040 sq ft, a reduction in the side (south) setback to .5 ft (to building) and zero ft (to pavement), a reduction in the front
(west) setback to 3 ft (to building) and zero ft (to pavement), a reduction in the side (north) setback to .9 ft (to building) and
zero ft (to pavement), a reduction in the rear (east) setback to .5 ft (to building) and zero ft (to pavement), a reduction in
required parking from 15 spaces per 1,000 sq ft to zero for a restaurant and to permit 3 dwelling units above as a
Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C. (Proposed Use: Restaurant and 3
residential units) at 395 Mandalav Ave., Barbour-Morrow Sub., Blk A, par t of Lot 21 & all of Lot 22. FLD2003-12070
9. Valhalla Properties / John Rich are requesting a flexible development approval to permit a medical clinic with
reductions to parking from 42 spaces to 29 spaces, a reduction of the front setback from 25 feet to 17 feet (to building), a
reduction in the side (south) setback from 10 feet to zero feet (to the dumpster enclosure), a reduction in the side (north)
setback from 10 feet to six feet (to building), and a reduction of the rear setback from 20 feet to 14 feet (to pavement) as a
Comprehensive Infill Redevelopment Project, under the provisions of Section 2-1204, and a reduction to the landscape
buffer along the east property line (no continuous hedge along property perimeter provided), as part of a Comprehensive
Landscape Program, under the provisions of Section 3-1202.G. (Proposed Use: Change of use from an existing 8,072
square foot social center building to a medical clinic) at 407 N. Belcher Rd., Sec. 07-29-16, M&B 33.11. FLD2004-02007
10. Josee Goudreault is requesting an appeal of a Level One application (Flexible Standard Development case FLS2003-
12066) that requires the building be repainted a neutral color, under the provisions of Section 4-501. (Proposed Use: An
existing building that has been painted light purple [main portion of the exterior of a building] and dark purple [base of the
building and trim]) at 24 N. Ft. Harrison Ave., Earl & Tate's Sub., N 43 ft of Lots 12 & 13. APP2004-00001
Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the Planning
Director or City Clerk prior to the hearings. Any person who decides to appeal any decision made by the Board, with
respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to
ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based per Florida Statute 286.0105. Community Development Code Section 4-206 states that party status shall
be granted by the Board if person requesting such demonstrates that s/he is substantially affected. Party status entitles parties to:
personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on
reconsideration requests.
An oath will be administered swearing all participants in public hearing cases. If you wish to speak please wait to be
recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to
three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount
of time up to 10 minutes.
Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review by
interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department,
100 S. Myrtle Ave., Clearwater, FL 33756. Please contact Frank Gerlock, Development Review Manager, at 562-4557 to
discuss any questions or concerns about the project and/or to better understand the proposal and review the site plan.
This notice was sent by the Official Records and Legislative Services Department, Cynthia E. Goudeau, CMC, City Clerk
Lisa Fierce
Planning Department
Cynthia E. Goudeau, CMC
City Clerk
City of Clearwater
P.O. Box 4748, Clearwater, FL 33758-4748
NOTE: Applicant or representative must be present at the hearing.
.
.
YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF
THE SUBJECT PROPERTY.
A COpy OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS AND LEGISLATIVE
SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN
ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS AND
LEGISLATIVE SERVICES DEPT WITH THEIR REQUEST AT (727) 562-4090.
Ad: 02/29/04
.
.
January 23,2004
Mr. Stephen Fowler,
The following are comments generated from the preliminary Development
Review Committee on January 20,2004. Please be prepared to address these and any
other comments generated at the scheduled Development Review Meeting for 395
Mandalay Avenue on Thursday January 29,2004 at 11 :35. The city requests that yourself
or a representative be present for the Development Review Meeting at 100 South Myrtle
Avenue in Clearwater, FL on the second floor ofthe Municipal Services building. Please
call and verify your time with Sherrie Nicodemus at 562-4582. I look forward to meeting
with you.
The DRC reviewed this application with the following comments:
1. Parks and Recreation:
a) No Comments
2. Stormwater:
a) No Comments
3. Traffic En!!ineerin!!:
a) A traffic impact fee of $8,564.50 must be paid prior to e.O.
4. General En!!ineerin!!:
a) Prior to building permit, show all utility upgrades to support proposed
use.
5. Plannin!!:
a) Still uncertain exactly how many spaces are existing solely for the use of
proposed restaurant. Show the six spaces on site plan and also clarify 11
additional spaces available for lease? Are they going to be leased? Need
to document also that all available spaces, whether the six on contiguous
property or 11 additional spaces for lease, are not accounted for.
b) Open space shown on site data table does not reflect the true amount of
impervious surface located in site. If proposed building coverage is 3,079
square feet and the total lot is 4,060 square feet then at least 75 percent of
the site is impervious (not including pavement). Needs to be calculated
and revised to show the true amount of impervious surface ratio.
c) The sidewalk cafe ordinance requires a pedestrian path of at least 4 feet.
The survey shows 12.1 feet from edge of curb to building structure. Site
plan shows 15 feet? The site plan also needs to reflect existing trees,
waste containers, and benches located in the ROWand then show
dimensions for proposed outdoor seating.
d) Nonconforming uses of land or structures shall not be expanded but
normal repair and maintenance may be performed to allow the
continuation of the nonconforming use. The lot has three dwelling units
on it and is therefore nonconforming since underlying land use only
permits two. How will this be handled?
.
.
e) How will trash generated from restaurant use be disposed of properly?
Need to provide documentation if any shared dumpster use and also note
on plan where dumpster will be located.
6. Solid Waste:
a) That dumpster service be arranged with the Solid Waste Department
prior to the issuance of an occupational license or certificate of
occupancy. Please contact Tom Glenn - 727-562-4930
7. Land Resources:
a) No Comments
8. Fire:
a) Ensure hood is installed, in accordance with NFP A 96, by a licensed
mechanical contractor under separate permit with shop drawings, hood
suppression system is installed in accordance with the appropriate NFP A
96 standard & NFP A 17 A for wet chemical systems, suppression system
over cooking appliances will require a balloon pressure test to ensure
normal operation prior to acceptance, and suppression system to be
installed as per NFP A-17 A, by a licensed hood suppression contractor
with a separate permit and shop drawings. Acknowledge prior to building
permit.
b) Provide drawing prepared by licensed architect or engineer, insuring all
fire separations are maintained as per NFP A codes and all life safety
considerations are being met in accordance with NFPA-101 prior to
building permit.
c) Plans submitted must indicate compliance with the following codes prior
to building permit: Florida Fire Prevention Code 200 I Edition, NFP A 101
2000 Edition, NFPA 70 (National Electric Code) 1999 Edition along with
F.S. 633.
d) Install a Knox Box key safe for emergency access as per NFP A-I 3-6.
Please acknowledge prior to building permit.
9. Environmental:
a) No Comments
10. Community Response:
a)
11. Landscapine:
a) There was no landscape plan submitted for review. Please submit a plan
and! or photos if no changes are anticipated.
NOTES
In order to be placed on the March 16, 2004, CDB agenda, submit 15 collated
copies of the revised plans and application material addressing all above
departments' comments by Thursday, February 5, 2004, no later than noon.
Packets shall be collated, folded and stapled as appropriate. Submissions not
appropriately organized shall be deemed to be insufficient and returned to the
applicant.
.
.
Sincerely,
Bryan Berry
Planner
, Pin~llas County Property APPler Information: 08291502592001 01
Page 2 of5
08 / 29 / 15 / 02592 / 001 / 0220
14-Jan-Z004 JilTl SlTIith, CFA Pinellas County Property Appraiser lZ:39:05
Ownership InforlTlation Non-Residential P rope rtlj Address. Use. and Sales
WINNER. HARL EE A
395 HANDALAY AUE
CLEARWATER fL 33767-Z010
COlTlparable sales value as Prop Addr: 395 HANDA LAY AUE
of Jan 1, 2003, based on Census Tract: Z60. OZ
sales frolTl 2001 - 2002:
0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/IlTlp
Plat InforlTlation 0 /1.975 4.338/1.Z91 150.000 (Q) I
1940 : Book OZ3 Pgs 045- 0 /L97Z 3.77ZI 157 76.000 (Q) I
0000: Book Pgs - 0 /0 01 0 0 ( )
0000: Book Pgs - 0 /0 01 0 0 ( )
2003 Value EXEMPTIONS
Just/Market: 300.000 HOlTlestead: Z5.000 Ownership 1 1.000
SAUE-OUR-HOHES CAP Historic : 0 Use 1: . Z80
Assessed/Cap: Z83.400 Tax ExelTlpt 1: .000
Other ExelTlp t: 0
Taxable: Z57.900 Ag r icu I tural : 0
2003 Tax InforlTlation Land InforlTlation
District: CW Seawall: Frontage:
Clearwate r View:
03 Millage: Z3.0851 Land Size Unit Land Land Land
Fron t x Depth Price Units Meth
03 Taxes: 5.953.65
1) 30 x 108 40.00 4.040.00 S
Special Tax . 00 2) 0 x 0 .00 . 00
3) 0 x 0 .00 . 00
Without the Save-Our-HolTles 4) 0 x 0 .00 .00
cap, 2003 taxes will be : 5) 0 x 0 . 00 . 00
6.336. 86 5) 0 x 0 . 00 . 00
Without any exelTlptions, Total Land Value: 161. 600
2003 taxes will be :
6. 9Z5. 53
Short Legal BARBOUR-HORROW SUB BLK A. LOT Z1 LESS N ZOFT
Description OF W 68FT &: ALL OF LOT ZZ
Building Information
. Buildil1gJ
. Building_2
http://pao.co.pinellas.fl.uslhtbinlcgi-scr3?0=1&a=1&b=1&r=&s=1&u=0&p=08+29+15+0...1/14/2004
. Pin~llas County Property APp.er Information: 0829 1502592001 O.
Page 3 of5
Building #1
08 / 29 / 15 / 02592 / 001 / 0220 :01
14-Jan-Z004 Ji~ S~ith. CFA Pinellas County Property Appraiser 1Z:39:04
Co~~ercial Card 01 of Z I~prove~ent Type: Retail w/Apts Above
Property Address: 395 HANDALAV AUE Prop Use: 3Z7 Land Use: 1Z
Structural Elements
Foundation
Floor Syste~
Exterior Wall
Height Factor
Par ty Wall
Structural Fra~e
Roo f Fra~e
Roof Cover
Cabinet 2. Mill
Floor Finish
Interior Finish
Total Units
Continuous Footing
Slab on Grade
Concrete Block
o
None
None
Gable 3: Hip
Composition Shingle
Ave rage
Carpet Combination
Plastered Direct
o
Heating 2. Air Heating3:Cooling Pckg
Fix tures 1 Z
Bath Tile
Electric
Shape Factor
Quality
Year Bu il t
Effective Age
Other Depreciation
Function Depreciation
Econo~ic Depreciation
None
Average
Rectangle
Ave rage
1. 951
Z5
o
o
o
Sub Areas
Description Factor Area Description Factor Area
1) Base Area 1. 00 Z.078 7) . 00 0
2) Apartment 1. 10 1.896 8) . 00 0
3) .00 0 9) . 00 0
4) .00 0 10) . 00 0
5) .00 0 11) .00 0
6) .00 0 12 ) .00 0
Commercial Extra Features
Description Di~ensions
1) PATIO/DECK 18ZSF
2) SHED
3)
4)
5)
6)
Price
10.00
5. 00
.00
.00
.00
.00
Building #2
Units
18Z
96
o
o
o
o
TOTAL
Value
o
o
o
o
o
o
RECORD VALUE:
RCD
1.180
Z60
o
o
o
o
Year
1.991
1.985
o
o
o
o
1. 440
http://pao.co.pinellas.fl.us/htbin/cgi-scr3?0=1&a=1&b=1&r=&s= 1 &u=0&p=08+ 29+ 15+0... 1/1412004
. Pine,Has County Property APp.er Information: 08 29 1502592001 01
Page 4 of5
08 / 29 / 15 / 02592 / 001 / 0220
:02
14-Jan-Z004 Ji~ S~ith, CFA Pinellaa County Property Appraiaer lZ:39:10
Co~~ercial Card OZ of Z I~prove~ent Type: Low Cost Residential
Property Addreaa: 0 Prop Uae: 3Z7 Land Use: lZ
structural Elements
Foundation
Floor Syate~
Exterior Wall
Height Factor
Party Wall
Structural Fra~e
Roo f Fra~e
Roof Cover
Cabinet & Mill
Floor Finish
Interior Finish
Total Units
continuous Footing
Slab on Grade
Conc Block/Stucco
o
None
None
Gable &; Hip
COMposition Shingle
Average
Carpet COMbination
Wallboard
o
Heating & Air Unit Heater
Fixtures
Bath Tile
Electric
Shape Factor
Quality
Year Bu il t
Effective Age
Other Depreciation
Function Depreciation
Econo~ic Depreciation
3
None
Average
Rectangle
Ave rage
L 951
30
o
o
o
Sub Areas
Deacription Factor Area Deacription Factor Area
1) Base Area 1. 00 544 7) . 00 0
2) .00 0 8) . 00 0
3) .00 0 9) .00 0
4) .00 0 10) .00 0
5) .00 0 11) .00 0
6) .00 0 12 ) .00 0
Commercial Extra Features
Description Di~ensions
Price
.00
.00
.00
.00
.00
.00
1)
2)
3)
4)
5)
6)
Units
o
o
o
o
o
o
TOTAL
RCD
o
o
o
o
o
o
Year
o
o
o
o
o
o
o
Value
o
o
o
o
o
o
RECORD VALUE:
Pinellas County Property Appraiser
Parcel Information
http://pao.co.pineHas.fl.us/htbin/cgi-scr3?0=1&a=1&b=I&r=&s= 1 &u=0&p=08+ 29+ 15+0... 1/1412004
.
.
4/21/04
To Whom It May Concern:
This letter is to verify that Marla Winner has rented 6 spaces from 399 Mandalay Avenue
since July 1972 on the east side of 399 Mandalay Avenue. These 6 spaces are available
for as long as Mrs. Winner needs them.
~~~
---.
Louis Peronis
~1
\-~u'\~ '~~~\~
e
e
r 1/ K J 1 :1 " , r ' ^
~---- ---- ,. , ~--------~
--- , , . ,
. I'm _ _ __ , ,
, , ' . : - . -. ;j
, .
.. ----, , ' 1__L_h_1 __..
!. : .
, . , -.-/
~ ~ . ., .. -; ,
. ...-- , '
, :(-- i i
--i ~ . . ~ -..--,------
,
, rJ1 J1
. ---- ---- ~ , . : :f ~ !
. . '-- , ~
, . . ---I ~ , . !
, . , . ~ ,
, ---- ----".., J . L_.i ~ '-'i
" ,
, f-; .-__..J
, ~ . . ,
, , ~
. , ~ . , ,
--------I . . ,-.
. , , ,""
. , '- '...,,-.. -.
, 0
, . , , :x: : ,
. .... ___I , . a.. ,
. , . tI'1 ~--__I \
.' , . "
t._____.. . f-;
'" -......... -----~ . '. . .
....--- ,
....-- -'. .. '. , tI'1 ...._.._~ -
.' , .
~ . ~ .
, ....---..-----
---- ,
, .. .
, ---------
---------.. ,
., , T . , . : :;
, . . , p
, . ,
, '....) , . .
. . ---------
-----_.!- . , ..-------. 1______-------
, ' ,
I --...... . ' ,
r : . /:i-: ::::::~:J -- -- --.
I Ii ,
, ' r , I ---------, - -'
. ' --"--..'
~'_____' : I-
I I ~
---- PIER 6 ~DRI WE 1 I
.
.
.
.
.
-- -' OS/R I I
-
, , . . I I
. .
tf: J I
J
-- --'---- - CAUSEWAY BLVD I --;
.
.. ".. ---' r-
.-- --1'
,-
------ ----- --------..,
, .- .
, , -
, " :
,
:_-- --- --.. ----.. .--_.. -'--
P
I /
Zoning Map
Owner.
Marlee A. Winner
Case:
FLD2003-12070
Site:
395 Mandalay Avenue
I Property
Size(Acres):
0.09
PIN: 08/29/15/02592/001/0220
I Atlas Page: 267 A
e
e
.
t, f
... '"'W
. . ,.,....
., t , ~("
.... .. '" ..
k'~: I~'
'~i ' ~~~ ~ '('Ir..
t-: ~~~' ....
"..- . / -...... ",;;.
.~ ,..a,....., '
~. It ".r' "a
:'C:.., 2:i ~.1 l;J J. 1.. ~.. .
· .....l-......, ,
J.~~..~
f ,\,W.~,," \
J. ...-'\ ,.
~:~.. . .
( ~~"YI<:',~,
." ~\"...
""-i!:\" ,,.,
) ;\:"-';,.,;.,1' .
~ "." .
.~~.~""
9
:.t~ ~,. :-:.=__
Aerial Map
Owner:
Marlee A. Winner
Case:
FLD2003-12070
Site:
395 Mandalay Avenue
I Property
Size(Acres):
0.09
PIN: 08/29/15/02592/001/0220
Atlas Page: 267 A
It
tit
J I ~----"~ I _-1_71 /-------}/11 I 1..-00-----:/ f -_J . -
__.. I . . A
'- . -. '.. ..'~
PAPAYA ST ii- .--. }~, -r ~I --. ..---- -----------
I I .. -, . If /- . ,
o EC~~I d-s- ___. . " , 0
, .. .. I L________~
,- , . -
o , 0
: Loom , . . . o .
, , :.. --. .. ,"; .. ,-'-.. ~' i
........ ..I , . i
. ,
L .
~ . . 0 - - ,g q
~ '-, , ~
,......' ;
0 , !
I--"~ ~ ~ -....-,----..- .'
. .-----.. .. ----
-' . --..- ~ [Retail Stores - ,
,.!. 0 0 -.._- -........ ~ 0
, -, ~ o : ,
, , ~ ,
, --. , I , .....-.. -.
0- ---_I " J
, h ,
, , __.. _I , .
, ~
. , , , -, ~ t..}-..";
. , g 0 , 0
, Hilton Hotel . / , , ,-,
, 1 ------- , ,--
, , o. '-..---,
. , 0
. , , fgJ. ,
, __...... I 1 , Q..,
, . , ~-- -..'
, , , "
1.._.._____ ,
---- , -----.. h '.. _f
-"--.. , ,
--- --..... .... ..-" . , 1:/J ,...-----..--__ -
" 0 L.---
~ ' '
~ 0 -----------_:
---- ,
W~g ,- - ,
...-------- ,
--------.. I ,
, -- , , , 00 ,
, , ! S u.rf , I,
,
. . , ~
. :::::J f S~OI ,r..r--_-_-..-_-_- ..
, 0 -------------- 0
r '0 , { : Ii 00
I I . I I /::::::\) ,
i,..._.: (-----J :---------:- .... -'
,
.
I PIER 60 DRIVE t>:-
V --- r I I r /
,
,
,
,
0 I
____I
- - . -- . I
, J I
~,: I I /
. ' CAUSEWAY BLVD
, -- -.., ---..
, , \ r- ]
L. .. --' /
'-
r l 0--
___ I
.. 1--
------- ------ .....----
-----, ,-.
. ,
, 0' '
, ---,-----'-.! /
,..------ ----
/1
Existing Surrounding Uses
Owner. Marlee A. Winner Case: FLD2003-12070
Site: I 395 Mandalay Avenue I Property 0.09
Size (Acres) :
PIN: 08/29/15/02592/001/0220
Atlas Page: 267A
- -, ____n , : J. ; /'~'
! CRD n':~' ~~~Q r ^
j .-----..;/ . J I ,nuuu.:J 1-:'-' "--': H
-- --
',J! ,-; : ~V!Y
if: ::::~
.. f . .
I I ~ _ ,
~ '., --"
,-..., "
, '
, '
, ,
~ _,n'h'" ~~...,'
, '
;$ , '
. .'
. "
f-< : ~ ~.---:
~ : .:; ~ r~__~~~! WA TEI1
~ ~ ~B~\
CR/:; f-< :'
t CI) L~-------'
: ~ -------..
e
I
J
{
I/~"ATER
J
_ . ,J
.r~~'-. I
: ..' CRD
, :. ".",.---
:..- ~.., :' I :J
PAPAYA ST
I
"
t____ ...
~
~ ___I___,-----~
-----.----. ;>.., '
: <r:' I
'i ~ 'u.:
i 1 uu:::_::CRD
.
.
RlOS
,..... -.
. .
, .
, ,- ---
, , .
, .
....--------:
,
,
,
.
.
,
,
,
.
,
1.._---------
CRD
-----
---
-'.
----..-..
.
.
----"
.'
..:.-.
'-.
--.
J .-:
, .
"-:.":
I
.
.
.
.
.
.
.
J
.
......... ---.., I
Ii ----~. le.-..! I
. \( -_ I I
,
.
.
PIER 60 DRIVE
, r
____I
CRD
J
CRD
J l
I--
, . ,
, ,
, .'
~.. ,'~... "
j
CAUSEWAY BLVD
t--
j'-'
.- ....._-
I.- -.. :
-
-.
t...,--'
.. 1_..
,
,- -
,------.CRD :..
: '
I ,I :
:------.. -- --....... .--_... -'--
I
j .
e
f-
.
---------
,-.. I
.
.
...-......----..------.-
,
. .
___.. _I
,n
I: .~
--------.. I
"
'.
,
.
1______-------
, ,
I ' ,...._I
I: C--------~
J
~
~
ICRD
/
\
WATER
Future Land Use Map
Owner:
Marlee A. Winner
Site: I
Case:
FLD2003-12070
395 Mandalay Avenue
I Property
Size(Acres):
0.09
PI N: 08/29/15/02592/001/0220
I Atlas Page: 267 A
Owner:
Site:
PROJECT
SITE
e
ASTER
o
ACACIA ST
SOMERSET ~
~ D~9J
DLEWlLD
C=:J
GLE_'
~ O;~\nlu8AY %
KENDAll .kanIIIo Z:;O ~
c=::J D~ .. g[
D~
3L
BAYMONT ST
!E~~;[
Location Map
Marlee A. Winner
395 Mandalay Avenue
e
'"
~
o
Case:
FLD2003-12070
Property
Size(Acres}:
0.09
PIN: 08/29/15/02592/001/0220
Atlas Page: 267 A
....-; r'(" ,
"') / ' 'J / /..
__ i/', '.
WEST FINANCIAL CORP
C/O FORLINI, DOMENIC
808 MANDALA Y AVE
CLEARW ATER FL 33767 -
TAYLOR, JOHN S III
C/O CLEARW ATER-SURFSIDE
TR
400 MANDALA Y AVE
CLEARWATER FL 33767 - 2011
CLEARWATER, CITY OF
PO BOX 4748
CLEARWATER FL 33758 - 4748
COX, WILLIAM P TRE
COX, SUZANNE K TRE
1375 SUMMERLIN DR
CLEARWATER FL 33764 - 2878
RIMAR, ALLAIN T TRE
RIMAR, MARILYN D TRE
431 COREY AVE
ST PETE BEACH FL 33706 - 1901
WINNER, MARLEE A
395 MANDALA Y AVE
CLEARWATER FL 33767 - 2010
SHAUL & MEIR LEVY PTNSHP
C/O L & L WINGS INC
8 E 41ST ST 6TH FL
NEW YORK NY 10017 - 6200
PIMENIDIS, JOHN H
PIMENIDIS, CHRISTINA
1651 SAND KEY ESTATES CT #
11
CLEARWATER FL 33767 - 2933
CARACO, JOSEPH
LINARES, ANTHONY
800 S KEENE RD
CLEARW ATER FL 33756 - 4630
TRAVELER MOTEL INC
408 E SHORE DR
CLEARWATER FL 33767 - 2027
PRESTON, MICHAEL G TRE
419 EAST SHORE DR
CLEARWATER FL 33767 - 2028
~
, fr~""
CLEARWATER BEACH BK
INVESTORS
C/O SUNTRUST REAL ESTATE CORP
ATTN: MAIL FL-ORL-2032
PO BOX 2829
ORLANDO FL 32802 -
CARRATT, HARRIET J TRE
SAROODIS, KALIOPE TRUST
C/O CARRATT, PETER D
4625 BA YSHORE BLVD
TAMPA FL 33611 -
PERONIS, LOUIS G
399 MANDALA Y AVE
CLEARWATER FL 33767 - 2010
HOMER REALTY CO
PO BOX 59
CLEARWATER FL 33757 - 0059
CARACO, JOSEPH
IOCOLANO, FRANCO
800 S KEENE RD
CLEARWATER FL 33756 - 4630
SCHUTZENDORF, GILBERT H TRE
SCHUTZENDORF, ALICE M TRE
19029 US HIGHWAY 19 N # B8
CLEARWATER FL 33764 - 3015
T J CLEARWATER CORP
1100 LIVE OAK CT
CLEARW ATER FL 33756 - 4539
TSAFATINOS, TERRY
TSAFATINOS, DIMITRIOS
667 SNUG ISL
CLEARWATER FL 33767 - 1830
KATHERINE OF CANTERBURY
INC
2919 WEST BAY DR
BELLEAIR BLUFFS FL 33770 -
2621
fi8,f t.\ .// 1'. 'J /''1 ::.z -' I:; /) '";""'/)
.-t...! t- C. L,/ ~ {.. , L.,
RE, C JOHN
PULLARA, JOSEPH A
427 LOCH DEVON DR
LUTZ FL 33548 -
SAPOURN, PETER J TRUST
C/O SAPOURN, MARIE P TRE
2285 ISRA TELl DR # 61
CLEARWATER FL 33763 -
RIMAR, ALLAIN T TRE
431 COREY AVE
ST PETE BEACH FL 33706 - 1901
MAHONY, ARLENE
1736 SHARONDALE DR
CLEARWATER FL 33755 - 2338
KDHW
10 BAY ESPLANADE
CLEARWATER FL 33767 - 1603
FORLINI, DOMENIC
FORLINI, FULVIA
808 MANDALA Y AVE
CLEARWATER FL 33767 -
VOLTSIS, PANDELIS A
VOL TSIS, NIKI
427 POINSETTIA AVE
CLEARWATER FL 33767 - 2025
PRESTON, MICHAEL G TRE
419 EAST SHORE DR
CLEARWATER FL 33767 - 2028
COTEL INC
5649 49TH ST N
ST PETERSBURG FL 33709 -
DOKTORSKY, LEV N
409 EAST SHORE DR
CLEARW ATER FL 33767 - 2040
FILE
G L A PROPERTIES INC
405 EAST SHORE DR
CLEARWATER FL 33767 - 2028
CLEARWATER, CITY OF
C/O FINANCE DEPT
PO BOX 4748
CLEARW ATER FL 33758 - 4748
CLEARWATER, CITY OF
PO BOX 4748
CLEARWATER FL 33758 - 4748
CLEARWATER, CITY OF
PO BOX 4748
CLEARWATER FL 33758 - 4748
Fowler Associates, Architects, Inc.
Stephen E. Fowler
1421 Court St, Suite D
Clearwater, FL 33756
.
BEACH ENTERPRISES OF
CLEARWATER INC
403 EAST SHORE DR
CLEARW ATER FL 33767 - 2028
CLEARWATER, CITY OF
PO BOX 4748
CLEARWATER FL 33758 - 4748
CLEARWATER, CITY OF
PO BOX 4748
CLEARWATER FL 33758 - 4748
CLEARWATER, CITY OF
PO BOX 4748
CLEARWATER FL 33758 - 4748
.
BAREFOOT BAY RESORT INC
2 WINDWARD IS
CLEARWATER FL 33767 - 2321
CLEARW ATER, CITY OF
PO BOX 4748
CLEARWATER FL 33758 - 4748
CLEARWATER, CITY OF
PO BOX 4748
CLEARWATER FL 33758 - 4748
CLEARWATER, CITY OF
PO BOX 4748
CLEARWATER FL 33758 - 4748
.
.
CITY OF CLEARWATER
loNG RANGE PLANNING
DEVELOPMENT REvIEW
PIANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
January 5, 2004
Fowler Associates, Architects, Inc.
Attn: Stephen Fowler
1421 Court Street, Suite D
Clearwater, FL 33756
RE: Application for Flexible Development approval to permit a reduction in lot size from 5,000 square feet
to 4,040 square feet, a reduction in the side (south) setback to .5 feet (to building) and zero feet (to
pavement), a reduction in the front (west) setback to three feet (to building) and zero feet (to
pavement), a reduction in the side (north) setback to .9 feet (to building) and zero feet (to pavement), a
reduction in the rear (east) setback to 3.3 feet (to building) and zero feet (to pavement), and a reduction
in required parking from 15 spaces per 1,000 square feet to zero for a restaurant use as a
Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C
Dear Mr. Fowler:
The Planning staff has reviewed your application (FLD2003-12070) to permit a reduction in lot size from 5,000
square feet to 4,040 square feet, a reduction in the side (south) setback to .5 feet (to building) and zero feet (to
pavement), a reduction in the front (west) setback to three feet (to building) and zero feet (to pavement), a
reduction in the side (north) setback to .9 feet (to building) and zero feet (to pavement), a reduction in the rear
(east) setback to 3.3 feet (to building) and zero feet (to pavement), and a reduction in required parking from 15
spaces per 1,000 square feet to zero for a restaurant use as a Comprehensive Infill Redevelopment Project,
under the provisions of Section 2-803.C After a preliminary review of the submitted documents, staff has
determined that the application is complete.
The Development Review Committee (DRC) will review the application for sufficiency on January 29,2004 in
the Planning Department conference room - Room 216 - on the second floor of the Municipal Services
Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. Please call Sherrie
Nicodemus, Administrative Analyst at 727.562.4582 no earlier than one week prior to the meeting date for the
approximate time that your case will be reviewed. You or your representative (as applicable) must be present to
answer any questions that the committee may have regarding your application. Additional comments will be
generated by the DRC at the time of the meeting.
If you have any questions, please do not hesitate to contact me at 727-562-4539 or bberrv@c1earwater-fl.com.
E:\Planning Department\C D B\FLEX\Pending cases\Up for the next DRC\Mandalay Ave. 935 - Winner restaurant\Mandalay Ave. 935 Complete.doc
BRIAN J. AUNGST, MAYOR-COMMISSIONER
HOYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BILL]ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
.
.
PARKING ANALYSIS FOR
MANDALA Y GRILL
CLEARWATER, FLORIDA
PREPARED FOR:
MANDALA Y GRILL, INC.
PREPARED BY:
GULF COAST CONSULTING, INC.
DECEMBER 2003
PROJECT # 03-038
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I.
II.
III.
IV.
v.
.
.
TABLE OF CONTENTS
INTRODUCTION
METHODOLOGY
EXISTING CONDITIONS ANAL YSIS
FUTURE CONDITIONS WITH MANDALA Y GRILL
CONCLUSION
1'//./. .y/'J
'~.
Robert C. Pergo .
AICP # 9023
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
.
.
I.
INTRODUCTION
Mandalay Grill, Inc. plans to open a 2,600 s.f. restaurant at 395 Mandalay Avenue
in space that is currently occupied by a small retail establishment named Sarahs
Fashions (See Figure 1). The restaurant is part of an inline strip of shops that
contains no on-site parking and therefore will be dependent upon available public
parking. The site is located in the Tourist (T) zoning district, and per Section 2-
802 of the Community Development Code has a minimum parking requirement of
7 spaces to 15 spaces per 1,000 square feet. According to strict interpretation of
the code, the proposed restaurant would require a minimum of 18 parking spaces
to a maximum of 39 parking spaces.
The code provides for reducing the required number of parking spaces to
recognize the special situations that exist on Clearwater Beach. Section 2-802 of
the Community Development Code allows a reduction in parking if the property
will require fewer parking spaces per floor area than otherwise required or
adequate parking is available through existing or planned and committed parking
facilities within 1,000 feet of the property.
City of Clearwater staff has recognized the restaurant will be located in close
proximity to Clearwater Beach, hotels, and condominium developments with a
great potential for "walk-up" customers. Staff also recognizes the available public
parking in nearby lots serves two functions, one to serve beachgoers, and two to
provide parking for beach related businesses. The applicant believes the addition
of a small restaurant with hours of operation from 11 AM - 10 PM would not
significantly alter parking demand and adequate parking exists within reasonable
distance to support the restaurant. This parking analysis was prepared to
determine the availability of parking spaces.
II.
METHODOLOGY
Prior to conducting this analysis a methodology was established with the City of
Clearwater staff. It was agreed Gce would conduct a parking accumulation study
on a Friday and Saturday between the hours of 11 AM - 8 PM. The study are
included on-street parking along Mandalay Avenue south of San Marco Street,
on-street parking on Papaya Street and San Marco Street, Municipal Lot # 34,
Municipal Lot # 35, Municipal Lot # 43, the Clearwater Marina parking lot, and
the Pier 60 parking lot. These areas include a total of714 parking spaces of which
17 are designated for handicapped parking. As requested, the normal business
hours of businesses in the study area were recorded. Very few businesses stay
open past 10 PM with many closing at 8 PM.
I . .
I SAN MARCO N
I '1~~ 'L~ f"~~
~t~ t.e-s
'u~ ttiUNICIPAL
1~ LOT 135
I ~
~~
I ['-Q
N~
PAPAYA ST. N.T.S
I ., __e-~
~
Q
I ~
0
::r::
PROJECT 00
I ~
LOCATION 00
<
~
I 4[ ~ - J Sf A c..es.
I WUNICIPAL LOT 143
SR60
I I Ma~). WARINA LOT
t.Z--1
I ~~~t-e~ L 1f?
PIER 60 4~#>.~S
LOT
I
I ~
I
~
0
t.)
I PROJECT LOCATION PROJECT NO:
03 038
Gulf Coast Consulting, Inc. DATE: FIGURE:
I Land Development Consulting 12/03 1
DRAWN BY:
I E.J.C.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
ill.
.
.
EXISTING CONDmONS ANALYSIS
Existing conditions were established by conducting parking lot counts between
the hours of 11 :00 AM and 8:00 PM on Friday December 5th and Saturday
December 6th, 2003. Friday's weather conditions were normal for early December
with sunny skies and a high temperature of 75 degrees. Saturday's conditions
were approximately 10 degrees below normal with a high of 62 degrees with
sunny skies. The aforementioned parking areas were checked on the hour for the
number of spaces that were occupied. The number of occupied spaces was noted
and an hourly accumulated total was obtained for each specific parking area and
the whole study area.
The main parking facilities serving the southern part of the Mandalay Avenue
business district are four municipal lots and on-street parking. Municipal lot # 34
contains 23 metered spaces plus 1 handicapped space and is located across from
the Hilton approximately 400 feet north of the proposed restaurant. Municipal lot
# 35 contains 25 metered parking spaces plus 1 handicapped space and is located
south of the Eckerds approximately 800 feet north of the proposed restaurant.
Municipal Lot # 43 contains 41 metered parking spaces and is located along East
Shore Drive approximately 500 feet east of the site. The Clearwater Marina
parking lot contains 276 metered parking spaces plus 7 handicapped spaces, and
70 permit restricted spaces and is located south of Causeway Boulevard, the Pier
60 parking lot contains 221 metered spaces plus 7 handicapped spaces and is
located immediately south of Pier 60. Due to recent street reconstruction,
Mandalay Avenue south of San Marco Street contains 27 metered on-street
parallel parking spaces plus 1 handicapped space, Papaya Street contains 7
metered parking spaces, and San Marco Street contains 7 metered parking spaces.
All parking areas studied are within a 1,000 foot radius of the site as prescribed by
code.
Friday December 5. 2003
Parking demand varied significantly throughout the day with a low of 223
occupied spaces (31 %) at 11 AM to a peak demand of 373 occupied spaces (52%)
at 7 PM. As such, there were a minimum of 341 unused spaces in the study area
throughout the day. Closer analysis shows the new Municipal Lot #43 was almost
entirely unused. The Marina Lot and Pier 60 Lot were the most popular and the
on-street parking was well used. Table 1 provides an hourly tabulation and Figure
2 provides a graph of hourly parking space occupancy.
I
I
I
I
I
I
I
I
I
..
..
..
I ..
wi
;;i
-I~
~1Il
....u
III
Q
I g
ii
...
, I
I
I
I
I
I
I
I
.
Q
III
~lI!lI!~lI! ~U~~~
-. -
81')C")fI')....
lI!
~~~:!~ :!~~;!:!:!
0................ ......................,...
:;l....
....
o.
....8..~..- UiHHHI
1:I..~1ll
...=~............,... ..........................
"0
0....
u
~
~-
~8o-o.. C")OC'llOO.....
..0
~........,........ .............................
tie
;'!:
OCo
:8C")"'OT" &"') CO) ('11_ C"\I W)
~~........ co co co CD CD co
Ot'lrlNNN C'llC'IIC"INC'IIC\I
OC....
~o ..C")co~~:!
!8"~""
~....~~ COCll)IIOGOIDCO
....01:11:1 1:11:11:11:11:11:1
0....
-I
co
..
15~(lJCOC")t'lI I=~~~:a
E (0)(1)........
~=Hil:l!il ~i5i5i!;;
~o l")
-I....
:=i
i~:ll&l..s ~!5!~~~
~ __:;a..
-I
t!---..... ...........................
~::!............... .........................
..
....
9
-I
~ti ooao__
~8oo""o
::l
~
;g~u~ l\ll\l~~l\l~
9~
:;l
D-
60 N_....CJ)~~
~8--N..
~
i~....~. ~...................
""ONN N NNNN('ItI
g....
:;l
~o ('1)....10('1).....;:
!i8"''''-.
:II!
lIl~iUH HH
:Eggggg gggg
i=::t!';;~n .oCi':":<<i
.
....
9
<
z
~
;!;
'"
III
~
'"
~
Z
o
!::
;ll:ll~ ~
..w ffi
gg~....~
~.-.!iig~
g,g,;li2<
~~Rffi2
:J:Jcii:;li
:E:E~zz
~~(QU;O
wwwww
~~~~~
~uu
0000.0
WWWWW
o..o..Q.Q.fl.
~~~~~
~iin
l'IJU)(I)(f)U)
l!J~~~~
~:=I:J:;):;)
..J-I..J..J...J
00000
~~~3;~
I
I
I
I
I
I
I
M
0
I 0
N
uf
0::
I w
m
::i
w
I 0
w
c
~
I c
0::
u.
I N
W
0::
~
I ~
u.
I
I
I
I
I
I
o
o
""""
.
o
o
CO
o
o
LC)
o 0
o 0
'l:t ('t')
pa!dn:.>:.>o sa:.>edS
.
o
o
N
o
o
.....
00
""""
co
LC)
'l:t
>-
ca
Q
'0
CD
E
i=
('t')
N
.....
N
.....
...-
.....
o
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
IV.
v.
.
.
Saturday December 6. 2003
Parking demand on Saturday was consistently lower than on Friday. This is
attributable to the lower temperatures and windier weather conditions than the
previous day. Parking demand varied from a low of 118 occupied spaces (17%) at
11 AM to a peak demand of 291 occupied spaces (41 %) at 8 PM. As such, there
were a minimum of 423 unused spaces thr~>ughout the day. As was the case on
Friday, Municipal Lot #43 was almost entirely unused. The Pier 60 Lot was also
underutilized. The Marina Lot was the most utilized lot and on-street parking
spaces on Mandalay A venue were well utilized Table 2 provides an hourly
tabulation and Figure 3 provides a graph of hourly parking space occupancy.
Customer Characteristics
Since the Mandalay Grill restaurant does not exist, obtaining customer surveys
was not possible. However a previous study conducted for Frenchy's Rockaway
Grill indicated 50% of the customers were "walk-up" that were already at
Clearwater Beach for other reasons and visited Frenchy's as a side stop. A
previous study conducted for Post Comer Pizza indicated 61 % of the customers
were already at Clearwater Beach for reasons other than visiting Post Comer
Pizza. Due to its proposed lunch and dinner hours, Mandalay Grill may achieve a
similar rate of ''walk-up'' customers, and since it is a beach location a large
portion of customers would be "captured" from nearby hotels and residential
developments. These include the Hilton, Clearwater Beach Hotel, Mandalay
Beach Club (157 condominiums) and Belle Harbor (200 condominiums). Each of
these locations provides ample on-site parking such that customers can walk to
the restaurant and leave their cars parked at their home or hotel.
FUTIRE CONDITIONS WITH MANADALA Y GRILL
The proposed restaurant would require between 18 and 39 parking spaces
according to strict interpretation of the code. Assuming the worst case a minimum
of 341 parking spaces are available to satisfy any additional demand created by
the restaurant, therefore there is adequate parking available to support the
proposed restaurant.
CONCLUSION
This analysis was conducted in accordance with a specific methodology
established with City of Clearwater staff. This analysis shows of the 714 total
parking spaces included in the study area, a maximum of 373 were occupied
during any hour of the study period. As such, adequate parking is available within
I
I
I
I
I
I
I
I
I i
.,;
II:
I IU
ID
..::Ii
lUlU
....U
~l!:
>->-
I ~
i:!
<(
..
I
I
I
I
I
I
I
I
.
1:1
IU
h~u U~~lli~
..........('ofC'\lC")....
1:1
II-
....
;!~:!~;! :!:!:!:!:!~
0,........,...... ....,...,.....-.,.........
:;;!>-
>-
O.
"'UOI)Of'JCO ..... at n......-
8-G,........ :!:!~~lUl
..........--
.:;;!
ti~....,....,...... ..............,..............
0>-
~
::Ii'
U (1)_000.....
!g<>~"'..
:;;!
...........,....... ..........,..,..............
~::!
~
~gooC')..... ....._C'II_ON
...0
~guu ~~~~~re
<(>-
~.
~8CO~(D"" GI.....CO~~~
::Ii
....
t!mtDG). lHiiHHHI
>- 0 IHHI!:l
0>-
....
<>
..
;S$!;il:g ;;g~:::IO~
...0
Ci!C")C")C')Cf) !iC")C")(I)C")C")
.......10\011010 :Il:ll:l!:Il:l!
00(0)1")1')'"
....>-
~
~~Sltl~tl CD..... ON""""
:Ii ~-~ .....OD::::~~
~~~~- ----..........
:: e........ .......,. .......................
..
>-
9
:;;!.
~80000 0000.........
15
:Ii
:glllUlll lllllllillllllllll
S>-
....
~
U--"'" NIO....~~N
::Ii
!g,,~u ~~~~~~
9>-
:;;!
9:.
uu ......(")(0)::::
~gC'C.....U)1O
:Ii
...~UiH~~~~~
!8g88ggggS8
t-::~';';"i~...oCi;':'iO
.
9
~
~
;!;
tIJ
IU
~
...
tIJ
~
Z
o
>-
~~~ ~
~~~ ~
gg~5~
~~H~
QQo....II:~O
zz W
::>::>0;;::
:E:E:i!zz
~~U)Uio
wwwww
~~~~~
11.Q.Q,.a..Q..
UHIJ U) co co
5lfil6Hlfil
CLD..~a.D.
~~u~~
nn~
co U,HIJ tI) '"
99999
....................
00000
~~~~~
I . .
I
I 00
I
r--
I
I <0
I C")
Q LO
Q
I N
ft
CD
a::
w
I m
:E 'V >0-
W as
0 C
W ~
0
I c CD
~ E
j::
C (\')
I a::
::J
l-
e:(
en
I C") N
W
a::
I ::J
C)
-
u.
..-
I
I N
..-
I
.....
.....
I
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0
I r-- <0 LO 'V (\') N .....
p8!dn:):)o s8:)eds
I
I
I
I
I
I I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
.
.
reasonable walking distance of the proposed Mandalay Grill to support the
addition of this restaurant.