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FLD2009-01001
0 Chet Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727 - 562 -4567 Fax: 727 - 562 -4865 ❑ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ❑ SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION - Plans and application are required to be collated, stapled, and folded into sets ❑ SUBMIT FIRE PRELIMARY SITE PLAN: $200.00 ❑ SUBMIT APPLICATION FEE $ I CASE #: RECEIVED BY (staff initials): DATE RECEIVED: ORIGINAL RECEIVED FEB 13 2069 PLANNING DEPARTMENT CITY OF CLEARWATER * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICATION Comprehensive Infill Redevelopment Project (Rrwkf -fi 07111 /7009) —PLEASE TYPE OR PRIlNT'T — A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4- 202(.A) APPLICANT NAME: {j, 330) d t ri , Ple [A I 1 Q` l rQ ���.�"'� A, MAILING ADDRESS: 917 VM1 L=4ArlL{ PL- PHONE NUMBER: 61 -?2 . � a FAX NUMBER: CELL NUMBER: EMAIL: PROPERTY PROPERTY OWNER(S): II _t �/ , J Iiii. }- r� ' T` eV q a i �( ktU S - i •(" �a I a List ALL owners on the deed i AGENT NAME: MAILING ADDRESS:',• PHONE NUMBER: "�/ �� r 167r74- y,�- � FAX NUMBER: CELL NUMBER: �7- �G� L�+� EMAIL:\ B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4- 202.A) PROJECT NAME: ),�,� PROJECT VALUATION: $ STREET ADDRESS PARCELNUMBER(S): Q�j,ZG€A-- 1 7 V1501Z0C> ;� PARCEL SIZE (acres): PARCEL SIZE (square feet): LEGAL DESCRIPTION: twill 7� . 4i�Lovo o U�utr „- MZ:, r6,u i y iv PROPOSED USE(S): f } . �f , t,r a^ � r if 6` i �' af,(/1 '. (,f (`.Fa L--,,-)( DESCRIPTION OF REQUEST: YM\ Specifically identify the request �_ ( -•k F (include number of units or square + =- footage of non- residential use and all requested code deviations; e.g. Q reduction in required number of�1 parking spaces, specific use, etc.)-j{`!��jt� C.Mocuments and Settings \derek.9emuson\Desktoplplanning dept forms 0708\F1exib1e Development(RD)2008 07- 1l.doc " Pal oil '� DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT R TS ), A PREVIOUSLY APPROVED PLANNED UNI DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES LJ NO� (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4- 202.A.5) ❑ SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 7) D. ❑ 1. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3- 913.A) Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA— Explain how each criteria is achieved, in detail: The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. The expansion of this building will be in harmony with the adjacent properties in size and lot coverage. It will link this property to the building east with a sidewalk The use of a restaurant would be consistent with the property to the north and the east. The building to the north is 2 story while the building to the east is basically 1 story. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The adjacent properties to the north and the east are fully developed both containing restaurant use and retail. The development of this property should have no impact on the property values of the adjacent ones. If anything it may increase the pedestrian traffic to benefit their business as well. 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. The development of this small portion of vacant land will actually remove possible areas that may harbor unwanted vermin or insects as well as the possible unwanted person. This improvement would also add some activity in a portion of a somewhat dimly lighted adjacent parking lot. 4. The proposed development is designed to minimize traffic congestion. We have conducted a traffic demand study for this proposed expansion and we have discovered that many of the establishments on the beach do not have on site parking. As well the existing available parking is typically not fully used. Many people park and walk to the beach, shopping or eating. As well we will have hotel patrons. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The conversion and expansion of the building in to a restaurant is very in keeping with many of the adjacent as well as neighboring properties. The addition of another restaurant in the area that may cater to a more casual cliental will create more pedestrian traffic for other business on the north end of the of the beach. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. This restaurant will operate typically from 11:00am to at the latest 2:00am, which is typical for many beach establishments. The building as proposed is enclosed with a small covered patio area the would be utilized for smoking patrons. Therefore there is minimal impact to adjacent properties. ORIGINAL RECEIVED I LV y V -WV PLANNING DEPARTMENT Clay OF CLEARWATER C: \Documents and Settings\derek .Ferguson \Desktop\planning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07- 11.doc Page 2 of 8 WRITTEN SUBMITTAL REQUIREMENTS: (Comprehensive Infill Redevelopment Project Criteria) ❑ Provide complete responses to the six (6) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA — Explain how each criteria is achieved, in detail: 1. The development or redevelopment is otherwise impractical without deviations from the use and /or development standards set forth in this zoning district. This is a small piece of property with an existing building which has a ) setback on two sides now. We are proposing extend the north line to the east & reducing the east set back as requested (as is similar to the adjcent properties). The south existing set back would stay the same as well. Lack of on site parking, see demand study. 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district This request for expansion is going to improve the property into a viable source of a place for beach patrons to spend time and enjoy the beach community. With out these approvals this project will not happen. The beach by desgin should have as an underlying factor of promoting good quality design and business, which this will be. 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. The approval of this request would be consistent with the development of other parcels to the north and the east. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. The approval of this property for the use of a restaurant would be consistent with the adjacent property uses. The use to the north is a restaurant more in keeping with the Beachcomber. The use to the east is Oriental, pizza, Island Grill and a tattoo shop. We will be different type of establishment with more of a sports theme. 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; C. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and /or preservation of a working waterfront use. This use is permitted in the "T" tourist district, the addition to the building is within the reasonable guidelines of the flexible development in the Clearwater Beach community. We have done a parking demand study which indicates there is ample public parking within walking distance of this property. 6. Flexibility with regard to use, lot width, required setbacks, height and off - street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; C. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ❑ Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; ❑ Building stepbacks; and ❑ Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Approving this expansion will not impede development of adjacent properties. It does comply with the City's guide- lines. The scale is in keeping with the existing adjacent properties. We are continuing the use of existing trim on to the addition, creating covered area for outdoor use. We are using warm colors to keep the tropical beach felling. C: \Documents and Settings\ derek.ferguson\Desktop\planning dept forms 0708 \Comprehensive Infill Project (FLD) 2008 07 -11. t"11XK' Page 3 of 8 CEIVED FEB 19 2069 PLANNING DEPARTMENT CITY OF CLEARWATER E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainag,: Design Criteria Manual and 4- 202.A.21) A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement. ❑ If a plan is not required, the narrative shall provide an explanation as to why the site is exempt • At a minimum, the STORMWATER PLAN shall include the following; • Existing topography extending 50 feet beyond all property lines; ❑ Proposed grading including finished floor elevations of all structures; • All adjacent streets and municipal storm systems; • Proposed stormwater detention /retention area including top of bank, toe of slope and outlet control structure; • A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. ❑ Proposed stormwater detention /retention area including top of bank, toe of slope and outlet control structure; ❑ Signature and seal of Florida Registered Professional Engineer on all plans and calculations. ❑ COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable ❑ ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following): Stormwater plan as noted above is included Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor elevations shall be provided. CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562 -4750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4- 202.A). SIGNED AND SEALED SURVEY (including legal description of property) — One original and 14 copies; ❑ TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) — please design around "the existing trees; ❑ TREE INVENTORY; prepared by a "certified arborist ", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees; LOCATION MAP OF THE PROPERTY; PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; Q GRADING PLAN, as applicable; ❑ PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); ❑ COPY OF RECORDED PLAT, as applicable; ORIGINAL FEB 13 2009 PLANNING DEPARTMENT CITY OF CLEARWATER C: \Documents and Settings\ derek.ferguson\Desktop\planning dept forms 0708 \Comprehensive Infill Project (FLD) 2008 07- 11.doc Page 4 of 8 G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A) Ix SITE PLAN with the following information (not to exceed 24" x 36'): Index sheet referencing individual sheets included in package; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; 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 lit stations, gas _and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3- 201(D)() and Index #701); Location of all landscape material; Location of all onsite and offsite storm -water management facilities; Location of all outdoor lighting fixtures; Location of all existing and proposed sidewalks; and Floor plan typicals of buildings for all Level Two approvals. A floor plan of each floor is required for any parking garage requiring a Level Two approval. SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in square feet and acres; EXISTING 6 -025'' , I'Z�'4 REQUIRED �jrGdcs 1�,esQS PROPOSE �A Number of EXISTING dwelling units;�>� Lot lines and building lines (dimensioned); FEB 13 2009 Number of PROPOSED dwelling units; Building and structural setbacks (dimensioned); PLANNING L)EPAPTMV NT Gross floor area devoted to each use; CITY OF CLEARWATER Parking spaces: total number, presented in tabular form with the LP 77 1 _ number of required spaces; i 0 Total paved area, including all paved parking spaces 8 driveways; expressed in square feet & percentage of the paved vehicular area; 0 Official records book and page numbers of all existing utility _ easement; Building and structure heights; 1, (� 1 �Ca Ion,. Impermeable surface ratio (I.S.R.);. and �r 7 ;" �'' Floor area ratio (F.A.R.) for all nonresidential uses. ty N REDUCED COLOR SITE PLAN to scale (8 '/ X 11); Q 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; ORIGINAL RECFIVF.D Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dimensioned); FEB 13 2009 Streets and drives (dimensioned); Building and structural setbacks (dimensioned); PLANNING L)EPAPTMV NT Structural overhangs; CITY OF CLEARWATER C: \documents and Settings \derek.ferguson\DesktopWanning dept forms 0708 \Comprehensive Infill Project (FLD) 2008 07- 11.doc Page 5 of 8 H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4- 1102.A) LANDSCAPE PLAN with the follov&g information (not to exceed 24'x36"): All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Existing trees on -site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required tree survey); ✓ Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant dZ schedule; t` Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all d� 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; XConditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes. ❑ REDUCED COLOR LANDSCAPE PLAN to scale (8' /z X 11); COMPREHENSIVE LANDSCAPE .PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. 1. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A.23) BUILDING ELEVATION DRAWINGS —with the following information: All sides of all buildings Dimensioned Colors (provide one full sized set of colored elevations) Materials REDUCED BUILDING ELEVATIONS — same as above to scale on 8% X 11 J. SIGNAGE: (Division 19. SIGNS /Section 3 -1806) All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc), indicate whether they will be removed or to remain. ❑ All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) ❑ Comprehensive Sign Program application, as applicable (separate application and fee required). ❑ Reduced signage proposal (8'/ X 11) (color), if submitting Comprehensive Sign Program application. ORIGINAL. FEB 13 2009 C: \Documents and SeftingsAerek .ferguson \Desktop\planning dept forms 0708 \Comprehensive Infill Project (FLD) 2008 07PLANNING DEPARTMENT Page 6 of 8 t,WUU CLEARWNATER K. TRAFFIC IMPACT STUDY: (Section 4- 202.A.13 ,r•ld 4 -801.C) ❑ Include if required by the Traffic Operations Mane,., of :iislher designee or if the proposed development: Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Will generate 100 or more new vehicle directional trips per hour and /or 1000 or more new vehicle trips per day. • Will affect a nearby roadway segment and/or intersection -with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's annual list of most hazardous intersections. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a "Scoping Meeting" held with the Traffic. Operations Manager and the Planning Department's Development Review Manager or their designee (727 -562 -4750) Refer to Section 4 -801 C of the Community Development Code for exceptions to this requirement. O Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): Traffic Impact Study is included. The study must include a summary table of pre- and post- development levels of service for all -;� roadway legs and each turning movement . at all intersections identified in the Scopingg Meeting. Traffic Impact Study is not required. CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562- 4750. L. FIRE FLOW CALCULATIONS/ WATER-STUDY: Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION. ENGINEER to assure an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of this project. The water supply must be able to support the needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required the water supply must be able to supply 150 %. of its rated capacity. Compliance with the 2004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required. Acknowledgement of fire flow calculations/water study requirements (Applicant must initial one of the following): Fire Flow Calculations/Water Study is included. Fire Flow Calculations/Water Study is not required. CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW CALCULATIONS/ WATER STUDY AND NONE HAS. BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have.questions regarding these requirements, contact the City Fire Prevention Department at (727) 562 -4334. M. SIGNATURE: 1, the undersigned, acknowledge that all representations made . in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photo raph the property described in this application. } i Signature of property owne epr ntative STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this �'i day of A.D. 20 to me and /or by who is personally known has produced as identification. ,V trot ry pu [i NOTARY PUBLIC -b ATE OF MIUDA My commission expires: " "' , .,, LyM A. Matthews. .w . .._- ....min Expires: OCT. 13, 2011 p?*0 tp LLD 2408 07 D0 dNl4t C: \Documents and Settings\ derek.ferguson \Desktop\planning dept for rns 0 OF'.Comprehensive Infill i rojec ( ) Page Tot 8 RECENT r,- FEB 13 2009 PLANNING DEPARTMENT CITY OF CLEARWATER N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide of all property owners on deed — PRINT full names: \names � l ±�y 1 AIlaV c,; (lawn 2. NJ ��ls That (I am /we are) the owner(s) and record title holder(s) of the following( described property (address or general location): & W 3. That this property constitutes the property for which a request forma: (describe request) I Y A� t i 4. That the undersigned (has/have) appointed and oes /do) appoint: Jj as (his /their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit.has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 7. That (1 /we), the undersigned authority, hereby certify that the foregoing is true an e Pro rty Owner f operty Owner it Pr pe wn `-' Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersigned, an officer duly commissioned by the la of the StateRf Florid on this _ v` day of tkp ,�ephul O personally appeared `_ �'c�eA o 9\ (Z who having been first duly swum Deposes and says that he /she fully understands the contents of the affidavit that he /she signed. NOTARY PUBLIC-STATE OT FLORIDA Lyn A. Matthews fk$'t Commission. # Dl)717600 ' =` Ex�ir•�s: OCT.13, 2011 r EDNDM THRF ATLANTIC BONDING C-Q, INC. Notary Public Sigliature Notary Seal /Stamp My Commission Expires: C:1Documents and SettingsWerek.fergusor ptforms 07081Flexible Development (FLD) 2008 07- 11.doc Rf 'e f7 02 200 PLAN WW C" OF a A . Feb. 12, 2009 To whom it may concern, The following letter is a request for approval of the attached application for the project at the above referenced address. This project is the increase in building area by 1,801 sq. ft. to a total of 4,385 sq.ft.. The increased area is to accommodate a new kitchen, toilet rooms, a walk -in cooler and a covered patio to accommodate patrons that wish to smoke. This parcel is.bound on the north by a two story building (commercial on the ground floor and residential on the top floor), on the east by a commercial strip center and Poinsettia Ave., on the south by a city parking lot and a bank building, and on the west Mandalay Ave. and the parking lot for the Hilton Hotel. This application would require the following request to be granted. 1. The change in use from the present retail to a restaurant use. 2. To allow the addition that is proposed there would be a reduction in the required set backs. The front is 0' and will remain 0', code is 0' -15'. Thus a wavier of 15'. The north side is 0 .4' existing, the addition would be 0.8'; the code is 0' -10'. Thus a wavier of 9.2'. The south side varies from 5.82' to 5.47" at the end of the proposed addition, required is 0'- 10'. Thus a wavier of 4.53'. The west end which is the rear requires a 10' -20' set back the existing build average is 46:67'. The proposed addition would average 2.25' -5.02, thus requiring a wavier of 17.75 7.75'- 14.98' (7.75' — 4.98'). The addition would increase the size of the building by 1,801 sq.ft. to a total of 4,385 sq.ft.. The parking required is 7- 15/1000 sq.ft.. of gross floor area therefore the spaces required would be 31 -66. We are asking for a wavier to 0. This building has never had on site parking. We have attached a parking demand study indicating adequate off site parking is available. ORIGINAL City of Clearwater RECEIVED Planning Department FEB 13 2069 100 South Myrtle Ave. Clearwater, FL 33756 PLANNING DEPARTMENT CITY OF CLEARWATER Re: Flexible Development Application Comprehensive Infill 431 Mandalay Ave. To whom it may concern, The following letter is a request for approval of the attached application for the project at the above referenced address. This project is the increase in building area by 1,801 sq. ft. to a total of 4,385 sq.ft.. The increased area is to accommodate a new kitchen, toilet rooms, a walk -in cooler and a covered patio to accommodate patrons that wish to smoke. This parcel is.bound on the north by a two story building (commercial on the ground floor and residential on the top floor), on the east by a commercial strip center and Poinsettia Ave., on the south by a city parking lot and a bank building, and on the west Mandalay Ave. and the parking lot for the Hilton Hotel. This application would require the following request to be granted. 1. The change in use from the present retail to a restaurant use. 2. To allow the addition that is proposed there would be a reduction in the required set backs. The front is 0' and will remain 0', code is 0' -15'. Thus a wavier of 15'. The north side is 0 .4' existing, the addition would be 0.8'; the code is 0' -10'. Thus a wavier of 9.2'. The south side varies from 5.82' to 5.47" at the end of the proposed addition, required is 0'- 10'. Thus a wavier of 4.53'. The west end which is the rear requires a 10' -20' set back the existing build average is 46:67'. The proposed addition would average 2.25' -5.02, thus requiring a wavier of 17.75 7.75'- 14.98' (7.75' — 4.98'). The addition would increase the size of the building by 1,801 sq.ft. to a total of 4,385 sq.ft.. The parking required is 7- 15/1000 sq.ft.. of gross floor area therefore the spaces required would be 31 -66. We are asking for a wavier to 0. This building has never had on site parking. We have attached a parking demand study indicating adequate off site parking is available. ORIGINAL. RECEIVED FLD Comp Infill request 431 Mandalay FEB 13 2009 Feb. 12, 2009 PLANNING DEPARTMENT Pg #2 CITY OF CLEARWATER This application for a Comprehensive Infill Redevelopment Project requires the above items to be considered as waivers to the code requirements. In addition to those we have some general items to be considered before final approval may be granted. The storm water narrative as requested in Section E of the application is as follows: This property is located on Clearwater Beach. The property has an I. S.R. of 57 %. We are increasing the I. S.R. to 90 % and we have agreed to pay in lieu of versus trying to create a storm water retention system. We will apply to SWFWMD for a wavier letter for a property less than an acre. A comprehensive landscape has to be proposed. The proposed addition would bring the lot coverage to 90% we are allowed by code to have 95 %. We request a wavier from 5' to 0' of required foundation planting along Mandalay Ave. (west side). The request for the expansion if approved would eliminate landscaping on the north side and limited areas on the east side to small areas. The existing landscaping on the south side of the building was placed there by the city as a buffer along the city's parking lot. We will have to remove some of the shrub material and possible a few palms, in the area of the addition to install a sidewalk for required egress thru the lot. This will be discussed with Engineering and Building to insure the best possible solution for access and landscaping. The landscaped areas are presently irrigated. The solid waste department has approved off site pick up for the restaurant use as a joint dumpster with adjacent properties. The building design has been altered to eliminate the necessity of a fire sprinkled system. We believe this is a reasonable request in lieu of the value of property on the beach. The approval of this proposed expansion would add to the variety of places for the,tourist and local beach goers to spend time at the beach. M O. �.er Planning Department 100 South Myrtie Avenue Clearwater, Florida 33756 Telephone: 727 - 562.4567 Fax: 727- 562.4865 ❑ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ❑ SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION -Plans and application are requiredto be collated, stapled and folded into sets CASE NUMBER: RECEIVED BY(Staff Initials): DATE RECEIVED: RECEIVER FEB 13 2009 PLANNING DEPARTMENT /Iry Ar. * NOTE: A TOTAL OF 15 SETS OF THIS APPLICATION AND ALL SUPPORTING DOCUMENTATION IS REQUIRED TO BE SUBMITTED IN CONJUNCTION W ITH A COMPLETE LEVEL ON E OR LEVEL TWO APPLIC ATION. COM PP.EHENSIVE LANDSCAPE PROGRAM (Revised 03/29/2006) -PLEASE TYPE OR PRINT- APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4- 202.A) APPLICANTNAME: 6, JAq�. - r � (jt - l ` i1rl ra MAILING ADDRESS: 42 7 �.�� ��% ` '1 / v 1 rt A, a C_,,, PHONE NUMBER: I -y ' ' CELLNUMBER: ,� PROPERTY OWNEP,(S): < <�� •�� f e , t r. ��(.f4'� � �L List ALL owners onthe deed AGENT NAME: MAILINGADDRESS: PHONE NUMBER: i'f (r I LK,t 0 FAX NUMBER: I Z , -7 CELLNUMBER:,( E- MAILADDRESS: 1. ARCHITECTURAL THEME: i a. The landscaping in a Comprehensive Landscape Program shall be designed as a part of the architectural theme of the principal buildings proposed or developed onthe parcel proposed for the development. t l C e�, Ai s llVi� fbv h�, fi s t/i `mot. l f t n tt�� -,�r�► .i'� f t rt r� ,�1tr"'� OR b. The design, character, location and/or materials of the landscape treatment proposed in the Comprehensive Land scapd Program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape stan lards. CADocuments and Se! frogs /derekfergusonlDesktopine✓ #anningrleslComxehensive Landscape ? rog -am 205.doc . Page 1 of 2 2. LIGHTING: Any lighting proposed as a part of a Comprehensive Landscape Program is automatically controlled so that the lighting is turned off when the business is closed. 3. COMMUNITY CHARACTER: The landscape treatment proposed in the Comprehensive Landscape Program will enhance the communitycharacter of the Citpf Clean i-I, l 4= Art t'�� P� n : I fiA r' , e-.AA k -r-1 r P ieIt..;t 4. PROPERTY VALUES: `, vt,yd ORIGINAL FEB 15 2009 PLANNING DEPARTMENT The landscape treatment proposed in the Comprehensive Landscape Program Wil have a beneficial impact on the value of the prt, ?`6p its. _WATER immediate vicinity of the parcel pro pos ed for develo pment. ,, 1- CLEAR WATER I , IV-1 `L (1.>,., I i VJ d,+ t �! 3 tr` t! " 4 ), tf `! d'°f ?! ) (I Lt,C 1/'�t Gf--ej izf 5. SPECIAL AREA OR SCENIC CORRIDOR PLAN: The landscape treatment proposed in the Comprehensive Landscape Program is consistent with anyspecial area or scenic corridor plan which the City eClearwater has prepared and adopted for the area in which the parcel proposed for development is located. THE LANDSCAPING REQUIREMENTS OF ARTICLE 3, DIVISION 12 MAY BE WAIVED OR MODIFIED AS A PART OF A LEVEL ONE OR LEVEL TVvO APPLICATION, AS THE CASE MAYBE, IF THE APPLICATION FOR DEVELOPMENT APPROVAL INCLUDES A COMPREHENSIVE LANDSCAPE PROGRAM, WHICH SATISFIES THE ABOVE CRITERIA. THE USE OF LANDSCAPE PLANS; SECTIONS l ELEVATIONS, RENDERINGSAND PERSPECTIVES MAYBE NECESSARYTO SUPPLEMENT THE INFORMATION PROVIDED ON THIS WORKSHEET. SIGNATURE:. I, the undersigned, acknoWe'dge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photogr( property described inthis application. Signature of property owner or repr s Jati STATE OF F LORIDA, COUNTY OF PINE LAS Sworn to a nd s ubscribed before me this day of A.D. 20 f' to me and/or by ,who is personally known has produced as identificati on. No fa rypu lic, Mycom �' Sion e)pires: t,,,`OTAy D03LIC- STATE OF FLORIDA .,0, ",, f mr A MatthPws TOCo>i?mission: #DD7176OU Expires; OCT. J.3, 2011 ?O:rDEI) Iii ?U ATLAN71C BONDMG CO.; nC. C: Documents and Settings \d erekfergus onlDesktogn r: vinia nningfilesl0omx ehensive ' a rdac ape Progan 2 006.d oc PPage2 of 2 II PARKING ANALYSIS FOR WAY COOL GPdLL 431 Mandalay Avenue Clearwater Beach Florida ORIGINAL RECEIVED FEB 13 2009 PLANNING DEPARTMENT CITY OF CLEARWATER ORIGINAL. RECEIVED FEB 13 2009 PLANNING DEPARTMENT CITY OF CLEARWATER INTRODUCTION The 0.12 acre project site is located at 431 Mandalay Avenue and is currently zoned for retail sales. The site will be redeveloped as a restaurant containing 4,385 square feet. The site is located on the west side of Mandalay just south of Papaya Street on the north side of the City parking lot number 34. This is located in Tourist (T) zoning district, and per Section 2 -802 of the Community Development Code has a minimum parking requirement of 7 -15 spaces per 1,000 square feet of space. According to the strict interpretation of the code, the proposed development would require a minimum of 31 and a maximum of 66 parking spaces on site. The proposed plan indicates no on site parking exists nor is proposed. Therefore there will be a deficiency of 31 -66 spaces will occur. The code provides for reducing the required number ofparking spaces to recognize tre special situations that exist on Clearwater Beach. Under the Comprehensive Infill Redevelopment in Division 8 item 9, adequate offsite parking maybe used in lieu of onsite if there is adequate parking within 1,000 feet of the property. City of Clearwater staff recognized the existence of retail and restaurants on Clearwater Beach, in close proximity to municipal parking lots, on- street parking spaces, nearby hotels and residential condominiums within walking distance, as well as daily beach goers, have a great potential for walk -up customers. The Beach Trolley also stops near the site. Staff also recognizes the available public parking in the public lots and the on street parking serve two functions. One to -serve the beachgoers and two to provide parking for the beach related businesses. The parking analysis was prepared to determine the availability of parking space with in the 1,000 feet but limited to north of the round- about. METHODOLGY Prior to conducting the analysis a methodology was established with the City of Clearwater staff. It was agreed that we would conduct a parking accumulation study on Saturday (February 7, 2009) between the hours of 9:30 am — 9:30 pm. This study area included on street parking along Mandalay Ave from the Hilton's south driveway to Baymont Street, Papaya Street, Baymont Street, East Street, and Poinsettia Street The following City lots were included, # 34, 435, 943, and the temporary lot located to the north of lot #43. There are a total of 240 -249 spaces available depending on the posted parking times. OPir. f:VF4L FEB 13 2009 PLANNING DEPARTMENT CITY OF CLEARWATER EXISTING CONDITIONS ANALYSIS The existing conditions were established by conducting parking counts between the hours of 9:30am — 9:30pm on an hourly basis for the number of spaces occupied. These numbers were accumulated by the hour for on street metered and non metered space as well as the metered lots. The totals per hour based on usage and available were summarized in a table. Weather conditions were sunny with a high for the day at 75 degrees and a late evening of 50 degrees. In the subject area there are a total of 76 on street metered spaces, 122 lot metered spaces, and there are another 51 non metered space available. This is a total of 249 spaces for public parking, 9 of these spaces are limited to no parking beoveen loam — 6pim. The count has been broken down. to indicate the numbers of cars that were parked in specific areas. There is also a tabulation of the total per hour compared to the amount available. This is also depicted in a graph format. CONCLUSION This analysis was conducted in accordance with a methodology as established with the City of Clearwater staff. The analysis demonstrates of the 249 total parking spaces included in the study area a maximum of 153 were occupied during any hour (2:30pm) of the study period. As such, adequate parking is available within reasonable walking distance of this project to support the reduction in on site parking spaces. TIME 10:30 AM 11:30 AM 12:30 PM 1:30 PM 2:30 PM 3:30 PM 4:30 PM 5:30 PM 6:30 PM 7:30 PM 8:30 PM 9:30 PM TIME 10:30 AM 11:30 AM 12:30 PM 1:30 PM 2:30 PM 3:30 PM 4:30 PM 5:30 PM 6:30 PM 7:30 PM 8:30 PM 9:30 PM TIME 10:30 AM 11:30 AM 12:30 PM 1:30 PM 2:30 PM 3:30 PM 4:30 PM 5:30 PM 6:30 PM 7:30 PM 8:30 PM 9:30 PM METERED STREET PARKING MANDALAY AVENUE STREET PARKING PAPYA STREET SAN MARCO STREET BAYMONT STREET HILTON TO PAPYA PAPYA TO SAN MARCO SAN MARCO TO BAYMONT OCC. TOTAL OCC. TOTAL OCC. TOTAL OCC. TOTAL OCC. TOTAL OCC. TOTAL 6 15 0 12 2 12 3 7 0 4 1 26 9 15 4 12 5 12 6 7 0 4 2 26 11 15 3 12 7 12 6 7 1 4 3 26 15 15 6 12 10 12 7 7 0 4 17 26 14 15 10 12 8 12 7 7 4 4 15 26 17 15 6 12 10 12 4 7 4 4 9 26 19 15 7 12 5 12 7 7 0 4 10 26 5 15 6 12 6 12 6 7 0 4 10 26 m 15 7 12 8. 12 4 7 0 4 9 26 15 8 12 8 12 2 7 0 4 13 26 15 6 12 3 12 3 7 0 4 12 26 15 4 12 3 12 2 7 0 4 8- 26 CITY PARKING LOTS TEMP. LOT LOT # 43 LOT # 34 LOT # 35 OCC. TOTAL OCC. TOTAL OCC. TOTAL OCC. TOTAL 0 44 4 28 4 24 1 26 7 44 5 28 5 24 0 26 10 44 7 28 7 24 4 26 14 44 11 28 9 24 5 26 25 44 22 28 16 24 5 26 18 44 21 28 19 24 8 26 13 44 22 28 23 24 4 26 8 44 20 28 11 24 8 26 11 44 17 28 i4 24 10 26 3 44 12 28 17 24 19 26 2- 44 7 28 10 24 15 26 0 44 5 28 11 24 13 26 NON METERED STREET PARKING EAST STREET BAYMONT POINTSEITIA PAPYA OCC. TOTAL OCC. TOTAL OCC. TOTAL OCC. TOTAL 2 5 9 19 10 15 2 3 3 5 3 19 11 15 3 3 2 5 4 19 10 15 - 2 3 3 5 8 19 11 15 3 3 3 5 10 19 11 15 3 3 2 5 10 19 11 15 3 3 4 5 8 19 12 15 3 3 4 5 8 19 12 15 3 3 3 u 5 8 19 10 15 12 12 3 5 6 19 10 15 12 12 1 5 6 19 10 15 11 12 2 5 4 19 8 15 6 12 TIME 10:30 AM 11:30 AM 12:30 PM 1:30 PM 2:30 PM 3:30 PM 4:30 PM 5:30 PM 6:30 PM 7:30 PM 8:30 PM 9:30 PM n m 0- co n m CAD IV ti O M m 7a Z M CALCULATION TOTALS SPACES AVAILABLE TOTAL SPACES OCCUPIED SPACES 196 240 44 177 240 63 163 240 77 121 240 119 87 240 153 102 1 240 138 112 240 128 127 240 113 127 249 122 125 249 124 153 249 96 170 249 79 m M ;o m 0 i7 -----R-249---- ;L249 240 210 180 Lu L) 150 C) Y 120 (L 90 60 30 0 10:30 AM 11:30 AM 12:30 PM 1:30 PM 2:30 PM 3:30 PM 4:30 PM 5:30 PM 6:30 PM 7:30 PM 8:30 PM 9:30 PM s SPACES AVAILABLE TIME OF DAY TOTAL SPACES 0 3 OCCUPIED SPACES 09 m ca m 0 m 00 0 rn co C= C= rn LID PLANNING DEPARTMENT Mr. Robert E. Gregg R.E. Gregg Architecture 630 Chestnut Street Clearwater, Florida 33756 CITY OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL, SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONF (727) 562 -4567 FAx (727) 562 -4865 Re: Case No. FLS2008 -07016 431 - 433 Mandalay Avenue, Way Cool Bar & Grill Dear Mr. Gregg: July 25, 2008 ORIGINAL RECEIVED JAN 13 2009 PLANNING DEPARTMENT CITY OF CLEARWATER This letter constitutes a Development Order pursuant to Community Development Code (CDC) Section 4- 206.D.6. The Flexible Standard Development application for a change in use from retail sales and services to restaurant in an existing building with a reduction to required parking from 41 to zero parking spaces in the Tourist (T) District, pursuant to Section 2 -802, has been APPROVED based upon the following Findings of Fact and Conclusions of Law and is subject to the following Conditions of Approval: Findings of Fact: 1. That the 0.123 -acre parcel is located on the east side of Mandalay Avenue, approximately 75 feet south of Papaya Street; 2. That the subject property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category; 3. That the development proposal is subject to the requirements of the Beach by Design Plan and the Design Guidelines contained therein as the parcel is located within the Retail/ Restaurant character district; 4. That the subject property previously was developed for retail sales and services uses and the property is proposed to be redeveloped for a restaurant use (Way Cool Bar & Grill); S. That the subject property is 50 feet in !ot width and 5,380 square feet.in lot area, which meets the standards of Section 2 -802; 6. That the existing building is 2,606 square feet in floor area and is located adjacent to the front property line, which will continue to promote an active street life on Mandalay Avenue. A cooler addition to the rear of the building will increase the floor area to 2,702 square feet. The only other site changes include the relocation of air condensing units at the rear of the building and a revised sidewalk at the rear; 7. That the proposal does not include the removal of any existing trees. All landscaping between the south side of the existing building and fencing and the adjacent City parking lot will remain. The existing grassed and treed area to the rear of the building inside the .fencing will remain in its existing condition; 8., That the property does not contain any existing parking. A total of 13 parking spaces (five spaces per 1,000 square feet; 2,606 square feet) was required for the prior retail sales and service use. Based on 2;702. square feet. and 15 spaces. per 1,000. square . feet for the proposed restaurant, a total of 4.1 spaces are required. Most customers will be in the area and will walk to this AM "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" 1 July 25, 2008 Gregg - Page 2 . establishment. On- street parking and City parking lots adjacent to the south side of this property and within the vicinity provide parking for this site; 9. That the building height of approximately 12 feet to the flat roof deck will remain in its existing condition; 10. That the exterior of the building will be repainted similar to the existing color (light yellow); 11. That only attached. signage in compliance with Code requirements will. be employed; 12. That solid waste removal will be handled through a shared. group dumpster on Poinsettia Avenue (per Solid Waste Department); 13. That the development proposal is compatible with the surrounding area and will enhance other redevelopment efforts; and 14. That there are no outstanding Code Enforcement issues associated with the subject property that would prevent approval of this application. Conclusions of Law: 1. That the development proposal is consistent with the Standards and Criteria as per Section 2- 802.N; 2. That the development proposal is consistent with the General Applicability Criteria as per Section 3 -913; and 3. That the development proposal is consistent with the Beach by Design Design Guidelines. Conditions of Approval: 1. That, prior to the issuance of Building Permit BCP2008- 05503, a Declaration of Unity of Title be recorded in the public records of Pinellas County; 2. That, prior to the issuance of the Certificate of Completion, all electrical and utility equipment attached to the rear of the building be painted to match the building color(s); 3. That any /all future signage must meet the requirements of Code. The toucan bird graphics on the building shall become signage in the event the restaurant name changes to "Toucans," which then shall require all signage to be brought into compliance with Code requirements; and 4. That the final design and color of the building be consistent with the representations submitted under this application. concur with the above findings and, through this letter, approve your application for Flexible Standard Development with the above conditions. This approval is based upon, and must adhere to, the application and development plans received June 16 and July 18, 2008. Pursuant to Section 4 -303, an application for a building permit shall be made within one year of the Flexible Standard Development approval (by July 25, 2009). The building permit must be obtained, within six months of the initial permit application. This timeframe to obtain the initial building permit may be extended for an. additional six months for cause by the Community Development Coordinator. All required certificates of occupancy must be obtained within two years of the date of issuance of the building permit. The issuance of this. Development Order does not relieve you of the necessity to obtain building permits or pay 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. Should you have any questions, please do not hesitate to contact Wayne M. Wells, AICP, Planner III at (727) 562 -4504 or via e -mail at wayne.wells@myclearwater.com. 1 July 25, 2008 Gregg - Page 3 Sincerely, Michae De k ,f ZCP Planning Director 5:1 Planning Department I C D B I Flex Standard (FL5) I Inactive or Finished Cases I Mandalay 0431 - 0433 Way Cool Bar & Crill M - . WW - Approved I Mandalay 0437 - 0433 -Development Order 7.25.08. doc Pinellas County- Taxes.com Page 1 of 1 DIANE NELSON, CFC NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS PINELLAS COUNTY TAX COLLECTOR REAL ESTATE 2007 08/29/15/02592/001 /0030 ACCOUNT NUMBER ESCROW CD ASSESSED VALUE I EXEMPTIONS TAXABLE VALUE7 MILLAGE CODE 36706 546,800; 0' 546,8001 CN RE, C JOHN BARBOUR- MORROW SUB 427 .LOCH DEVON DR B LUTZ, FL 33548 -4282 LK A, LOTS 3 AND 4 AD VALOREM TAXES TAXING AUTHORITY IMILLAGE RATE 1EXEMPTION AMT ITAXABLE VALUE ITAXES LEVIED CEMS COUNTY- AGGREGATE EMS 0.5832 318.89 GENERAL FUND 4.8108 2,630.55 HEALTH DEPT. 0.0622 34.01 SST SCHOOL -STATE LAW 4.7300 2,586.36 SLOC SCHOOL -LOCAL BD. 3.0010 1,640.95 CW CLEARWATER 4.6777 2,557.77 SFWM SW FLA WTR MGMT. 0.3866 211.39 PARB PINELLAS ANCLOTE 0.3701 202.37 PCPC PIN.CO.PLN.CNCL. 0.0170 9.30 JWB JUV. WELFARE BD. 0.7384 403.76 STA SUNCST. TR.AUTH. - ------ --- -- -------- -- --- -- ------A _- --_ __-- 0.5601 _______- _____- _- ___ - ---- -... --- ___----- _- _-- -- -_ -__---_____ .___--__--- -_____- 306.26 E_:-- TOTAL MILLAGE: 1----------------------- . 19.9371 .................10, - - -- - --- AD VALOREM TAXES: 10,901.61 NON -AD VALOREM ASSESSMENTS LEVYING AUTHORITY RATE AMOUNT NON -AD VALOREM ASSESSMENTS: O.Oc COMBINED TAXES AND ASSESSMENTS: $10,901.61 IF PAID BY Jun 30, 2008; Jul 31, 20081 Aug 31, 200E PLEASE PAY 0.00; 0.00; 0.0c Paid 01/11/2008 Rcpt # 055 -07- 00151151 $10,683.58 DIANE NELSON, CFC NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS PINELLAS COUNTY TAX COLLECTOR REAL ESTATE 2007 08/29/15/02592/001 /0030 ACCOUNT NUMBER ESCROW CD ASSESSED VALUE I EXEMPTIONS I TAXABLE VALUE I MILLAGE CODE 36706 ; 546,800! 0!, 546,8001 CA RE, C JOHN BARBOUR- MORROW SUB 427 LOCH DEVON DR BLK A, LOTS 3 AND 4 LUTZ, FL 33548 -4282 IF PAID BY Jun 30, 200811 Jul 31, 2008! Aug 31, 200E PLEASE PAY 0.00; 0.001 0.0c Paid 01/11/2008 Rcpt # 055 -07- 00151151 $10,683.58 Printed 06/04/2008 03:OOPM OR*1w RiCENED -� JAN Q2 "l-N �� ��yy ' https: / /www.pinellas. county - taxes.com /tcb /app /pt/main ?alternate key = 08/29/15/08 /9f1.. 6/4/2008 - S�pLaa, 1/5/2009 l` Receipt #: 1200900000000000040 2:05:21PM �= •+r Date: 01/05/2009 Line Items: Case No Tran Code Description Revenue Account No Amount Paid FLD2009 -01001 Fire - Prelim Site Plan 001000000342501000 200.00 Line Item Total: $200.00 Payments: Method Payer Initials Check No Confirm No How Received Amount Paid Check ARCH DESIGN IT LLC jaw 1027 In Person Payment Total: THIS IS NOT A PERMIT. This is a receipt for an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. Page I of 200.00 $200.00 cReceipt.rpt FLD2009 -01001 431 MANDALAY AVE WAY COOL GRILL PLANNER OF RECORD: WW ATLAS # 267A ZONING: T LAND USE: RFH RECEIVED: 01/02/2009 INCOMPLETE: COMPLETE: MAPS: PHOTOS: STAFF REPORT: DRC: CDB: CLW CoverSheet .1 Wells, Wayne From: Wells, Wayne Sent: Monday, August 10, 2009 11:09 AM To: Rice, Scott; Bruch, Tracey; Quillen, Michael Subject: Proposed Revised Parking Lot 34 Attachments: image001.gif Scott — The approval of the FLD application was not conditioned on the removal of any parking spaces from Lot 34. At issue was the proposal to install bollards to ensure vehicles would not back into this walk aisle in Lot 34 from their sidewalk (I believe requested by the Building Department Plans Reviewer). Based on the site plan submitted, it appears their proposed sidewalk along the south side of their building is being excessively widened onto the City's Lot 34. My guess is they want to have outdoor seating along that side of their building, thus the excessively wide sidewalk. They could just tell us they are going to remove our landscaping from the south side of their building and construct a sidewalk on their property out to Mandalay (also connecting to the sidewalk to the east). With parking at a premium on the Beach, while not my call, I,would not recommend what Mr. Gregg is proposing. Wayne From: Rice, Scott Sent: Friday, August 07, 2009 12:49 PM To: Bruch, Tracey; Quillen, Michael Cc: Wells, Wayne Subject: RE: Proposed Revised Parking Lot 34 Tracey, This project did not include any on -site parking to support the business. The plan devised during the.DRC process was to rearrange the parallel spaces adjacent the restaurant to provide for pedestrian /accessible egress, but not to lose any spaces. You know better than I that the City cannot afford to lose any parking at this location. I want to remember that there was concern about parked vehicles blocking the exit. Can some sort of bollard or other control device take care of this? D. Scott Rice, P.E. Assistant Engineering Director City of Clearwater (727) 562 -4781 From: Bruch, Tracey Sent: Thursday, August 06, 2009 4:15 PM To: Quillen, Michael; Rice, Scott Subject: FW: Proposed Revised Parking Lot 34 Please see attached. Looks like they want to remove all 3 parallel spaces to install a sidewalk to link up with the existing sidewalk from the middle of the lot to Poinsettia. Not necessary in my opinion. Please advise. Tracey w ti Tracey Bruch, CAPP Parking Manager (727) 562 -4771 tracey.bruch @myclearwater.com From: archreg @aol.com [mailto:archreg @aol.com] Sent: Thursday, August 06, 2009 3:59 PM To: Bruch, Tracey Subject: Fwd: Proposed Revised Parking Lot 34 - - - -- Original Message---- - From: archreg @aol.com To: traceybruch @myclearwater.com; seebo_2005 @yahoo.com Sent: Thu, Aug 6, 2009 3:55 pm Subject: Fwd: Proposed Revised Parking Lot 34 Tracey, Here is a rough layout for revising the parking lot as we discussed. This would answer the access from Mandalay as well as access to Poinsettia. I think this would also give you handicapped access from the parking lot to all of the businesses along the north: side of the lot which is presently not available. Please discuss this with other staff members and please don't hesitate to contact me with any questions or ideas.,.:,_:. We would like to move forward with concept as quickly as possible. „ Thank you for your help and consideration. Sincerely. Bob Gregg - - - -- Original Message---- - From: Erik C. Schreiber <eschreiber@designitllc.com> To: 'Robert E. Gregg' <archreg @aol.com> Sent: Thu, Aug 6, 2009 3:39 pm Subject: Way Cool Parking IVA 630 Chestnut Street Clearwater, FL 33751 Tel: (727) 796-8774 Fax: (727) 791-6942 GRAPHIC SCALE I"=20' E 10 1 20 Zoning: Address: Issue Date: 431 MANDALAY AVENUE CLEARWATER BEACH, FL 8/6/2009 Acreage: Scale: 33767 Parcel ID No. 1" = 20' -0" Municipality: Drawn By: ECS Land Use: 000PYRIGHT2008 "IS .'YAWING IS INE 101-1 OE .-G. .1. 13C. NOEE NO C11CUMSI A NCE M Y SKIS DRAWING !E'EVVODUCEO. USSISNEO. AS"" OE USE. IN w N wIINOU, wi'ISIEN y O Y I l A I O N E R O Al D E ~SAI G N I I i L C. Project No. ` . Wells, Wayne From: Bruch, Tracey Sent: Monday, August 10, 2009 10:57 AM To: Rice, Scott; Quillen, Michael Cc: Wells, Wayne Subject: RE: Proposed Revised Parking Lot 34 Attachments: image001.gif Scott: When Mr. Gregg came in he did not mention there was an issue with keeping the handicap access area open. But, bollards would certainly work just fine to define that area and keep it open. I think the real issue here is they want to have a wider sidewalk for their own purposes. The actual handicap parking stall in this lot meets all ADA code requirements and we do.not need to provide any further access points to Mandalay. Tracey Tracey Bruch, CAPP Parking Manager (727) 562 -4771 tracey.bruch @myclearwater.com From: Rice, Scott Sent: Friday, August 07, 2009 12:49 PM To: Bruch, Tracey; Quillen, Michael Cc: Wells, Wayne Subject: RE: Proposed Revised Parking Lot 34 Tracey, This project did not include any on -site parking to support the business. The plan devised during the DRC process was to rearrange the parallel spaces adjacent the restaurant to provide for pedestrian /accessible egress, but not to lose any spaces. You know better than I that the City cannot afford to lose any parking at this location. I want to remember that there was concern about parked vehicles blocking the exit. Can some sort of bollard or other control device take care of this? D. Scott Rice, P.E. Assistant Engineering Director City of Clearwater (727) 562 -4781 From: Bruch, Tracey Sent: Thursday, August 06, 2009 4:15 PM To: Quillen, Michael; Rice, Scott Subject: FW: Proposed Revised Parking Lot 34 Please see attached. Looks like they want to remove all 3 parallel spaces to install a sidewalk to link up with the existing sidewalk from the middle of the lot to Poinsettia. Not necessary in my opinion. Please advise. I Tracey Tracey Bruch, CAPP Parking Manager (727) 562 -4771 tracey.bruch @myclearwater.com From: archreg @aol.com [mailto:archreg @aol.com] Sent: Thursday, August 06, 2009 3:59 PM To: Bruch, Tracey Subject: Fwd: Proposed Revised Parking Lot 34 - - - -- Original Message---- - From: archreg @aol.com To: traceybruch @myclearwater.com; seebo_2005 @yahoo.com Sent: Thu, Aug 6, 2009 3:55 pm Subject: Fwd: Proposed Revised Parking Lot 34 Tracey, Here is a rough layout for revising the parking lot as we discussed. This would answer the access from Mandalay as well as access to Poinsettia. x I think this would also give you handicapped access from the parking lot to, all of the businesses along the north side of the lot which is presently not available. Please discuss this with other staff members and please don't hesitate to contact me with any questions or ideas. . We would like to move forward with concept as quickly as possible. Thank you for your help and consideration. Sincerely. Bob Gregg - - - -- Original Message---- - From: Erik C. Schreiber <eschreiberCidesignitllc.com> To: 'Robert E. Gregg' <archregL)ao1. coin > Sent: Thu, Aug 6, 2009 3:39 pm Subject: Way Cool Parking IVA 2 Wells, Wayne From: Murphree, Brian Sent: Monday, July 06, 2009 12:04 PM To: 'archreg @aol.com' Cc: Doherty, Steve; Wells, Wayne; Frith, Renee; Brigman, Nathan; Porthouse, Chuck; Bruch, Tracey; Stefanelli, Stephanie Subject: RE: Landscapre Removal 431 Mandalay Approved ....... Please notify me on commencement of work......... thank you! Nate - our portion will be rerouting some drip irrigation ... .... Renee has the map for impacts...... see me with any questions. - - - -- Original Message---- - From: archreg @aol.com [mailto:archreg @ aol.com] Sent: Monday, July 06, 2009 11:36 AM To: Murphree, Brian Subject: Landscapre Removal 431 Mandalay Brian, Sorry for the late response to our meeting at Lot 34, adjacent to 431 Mandalay. Regarding the removal of at least 1 palm tree and the bushes associated with the construction of the addition and patio adjacent to the parking lot. I would like you to send,me confirmation of our meeting and agreement. This will be used to respond to one of our conditions of approval as I told you. Agreement: 1. We can remove the palm tree located in line with the end of the parallel parking space west of the planter bed on the north side of the lot. The tree may be removed for transplanting or cut down at our expense. 2. The shrubs along the construction area may be removed, upon competition of construction we will meet with you and determine what would need to be replaced if anything. 3. You will have someone come to the site prior to us removing any of the plant material to rework the sprinkler system during the construction process. Then after competition you will rework the sprinklers for the revised plant material. If this is acceptable with you please send me a note back to me confirming such. A letter would be better but I'm sure an email to myself as well as to Steve Doherty and Wayne Wells could work. Thank you for your help and consideration. Bob Gregg A Good Credit Score is 700 or Above. See yours in just 2 easy steps! I� G ,?>R•`',`i' C ITY OF C LEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 Souni MYRTLEAVENUE, CLEARWATER, FLORIDA 33756 ., ✓„ � * ' ,� O,A�oxi1$1 TELEPHONE (727) 562-4567 FAx (727) 562 -4865 PLANNING DEPARnIENT March 18, 2009 Robert Gregg 630 Chestnut Street Clearwater, FL 33756 RE: Development Order - Case FLD2009 -01001 431 Mandalay Avenue Dear Mr. Gregg: This letter constitutes a Development Order pursuant to Section 4- 206.D.6 of the Community Development Code. On March 17, 2009, the Community Development Board reviewed your request for Flexible Development approval to permit a restaurant with an accessory sidewalk cafe in the Tourist (T) District with a lot area of 5,400 square feet, a lot width of 50 feet, a front (west) setback of zero feet (to existing building), a side (north) setback of zero feet (to existing/proposed building), a side (south) setback of 5.4 feet (to proposed building) and zero feet (to existing sidewalk), a rear (east) setback of 2.25 feet (to proposed building) and zero feet (to proposed sidewalk), a building height of 14.67 feet (to flat roof) and zero parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code (CDC) Section 2- 803.C; and a reduction to the foundation landscaping along Mandalay Avenue from five to zero feet, as a Comprehensive Landscape Program, under the provisions of CDC Section 3- 1202.G. The Community Development Board (CDB) APPROVED the application with the following Findings of Fact, Conclusions of Law and Conditions of Approval: Findings of Fact: 1. The 0.12 acres is located on the east side of Mandalay Avenue, approximately 50 feet south of Papaya Street; 2. The subject property is located within the Retail and Restaurant Character District of Beach by Design; 3. The site, until recently, has operated as a retail sales and services establishment; 4. On July 25, 2008, a Development Order with four conditions of approval was issued for Case No. FLS2008 -07016 to convert the existing building from retail sales and services to a restaurant. Building Permit No. BCP2008 -05503 was issued August 21, 2008, to convert the existing building from retail sales and services to a restaurant; 5. A Unity of Title tying the lots included in this parcel's legal description was recorded in OR Book 16323, Page 2372; 6. City parking lot #34, with 24 metered parking spaces, is adjacent to the south of the subject parcel; 7. The surrounding neighborhood is a tourist area comprised of hotels /motels, retail sales establishments and restaurants; M ■r "r -11.1 T.L.........._.- ..._ A ....... -.- A _ ...... C .... _..__u 4 A • � C March 18, 2009 Gregg — Page 2 8. The proposal is to permit a sports - themed restaurant at this location through conversion of the existing retail sales building and the construction of an approximate 1,800 square -foot addition to the east side of the existing 2,584 square -foot building; 9. The design of the proposed addition will appear as an extension of the existing building with a similar height and similar exterior material and color; 10. The proposal includes front, side and rear setback reductions to recognize the location of the existing building at less than the required setbacks, but also to provide for the proposed building addition with similar setbacks; 11. The application includes the reduction from five to zero feet of the required foundation landscape area along the front of the building, which is not possible to install due to the existing building's location at a zero front setback; 12. Due to the location of the existing building and the size and configuration of the subject property, this site has not previously been provided with any on -site parking; 13. The proposal includes a reduction to required parking for a restaurant from 66 spaces (based on 15 spaces per 1,000 square feet) to zero spaces; 14. The submitted Parking Demand Study demonstrates that adequate parking is available within a reasonable walking distance of this property to support the requested reduction to on -site parking; and 15. There are no current outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. That the development proposal is consistent with the Standards as per Tables 2 -801.1 and 2 -803 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2 -803.0 of the Cnmmunity TIPVPInnmr>nt Cndp- nnil 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3 -913.A of the Community Development Code. Conditions of Approval: 1. That the final design and color of the restaurant building be consistent with the elevations approved by the CDB; 2. That, prior to the issuance of a building permit, an agreement acceptable to the Engineering Department be recorded in the public records indicating the applicant will provide alternative access to the public sidewalk on Mandalay Avenue from the secondary building exit should the City or successor in title to ownership of the City -owned parking lot change the use of the parking lot thereby blocking access to the public sidewalk. Such agreement shall further make clear the applicant agrees to pay all costs associated with restoring access to the public sidewalk and meet all applicable accessibility Code requirements; 3. That, prior to the issuance of a building permit, screening requirements for rooftop mechanical units be approved by the Planning Department; 4. That, prior to the issuance of a building permit, the applicant coordinate the removal of shrubs and trees and existing irrigation with the Parks and Recreation Department to construct the paver sidewalk along the south side of the sidewalk cafe, which may require the applicant to assume maintenance of the landscaping and/or irrigation; 5. That, prior to the issuance of a building permit, an after - the -fact permit be obtained for trees removed from the rear area of the subject property, providing either tree replacements or payment in lieu, as approved by the City's Land Resource Specialist; and N March 18, 2009 Gregg — Page 3 6. That, prior to the issuance of a building permit, all requirements of General Engineering, Stormwater Engineering and the Land Resource Specialist be addressed. Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (March 17, 2010). All required certificates of occupancy shall be obtained within two years of the date of issuance of the initial building permit. The building permit must be obtained within six months of the initial permit application (Note: Since you have already submitted building plans for this project under BCP2008- 11298, this six month time frame will start with the CDB approval Age . This timeframe to obtain the initial building permit may be extended for an additional six months for cause by the Community Development Coordinator. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for the Flexible Development approval 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 -502.13 by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. 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 March 31, 2009 (14 days from the date of the CDB meeting). if you have nnv niiectirng n1PaCP An not he8itate to call WaxmP A4 Wellc Planner M at 727_567 - 4504. You can access zoning information for parcels within the City through our website: w,,v,%N,.m-yclearwater.com/,aov /depts�/T-)Iannin Q. Sincerely, i C Planning irector S: IplanningDepartmentlCDBIFLEX( FLD) Unactiveor Finished ApplicationslManda lay0431 Way Cool Grill (7)2009.03-Approved- WWIMandalay 431 Development Order 3.18.09.doc Wells, Wayne From: Wells, Wayne Sent: Monday, March 16, 2009 2:25 PM To: Robert Gregg (E -mail) Subject: Ltr of Objection for FLD2009 -02005 & FLD2009 -01001 :.. Attached is a letter of objection. This takes this case off of the consent portion of the agenda. Hopefully, we will only need to address the letter of objection, but be ready to make a presentation. Wayne - - - -- Original Message---- - From: Sprague, Nicole Sent: Monday, March 16, 2009 1:14 PM To: Tefft, Robert; Wells, Wayne; Watkins, Sherry Subject: Ltr of Objection for FLD2009 -02005 & FLD2009 -01001 Attached is a letter of objection regarding the above referenced cases received. today in the ORLS office. Thanks. FLD2009 -0100 = LD2009 -0200: Nicole Sprague City Clerk Specialist Office of Official Records & Legislative Services 562 -4097 LLQ d, } ater wy eT D Fax Cover Memo CITY OF CLEARWATER PLANNING DEPARTMENT 100 SOUTH MYRTLE AVENUE, 2ND FLOOR CLEARWATER, FL 33756 (727) 562 -4567 FAX: (727) 562 -4865 TO: go b 1 DATE: 3 ji Z® 9 FAX: 771-(o94-2– TELEPHONE: 71(o- 2)77+ FROM: Wayne M. Wells TELEPHONE: (727) 562 -4504 SUBJECT: FOz-vo 9 - MESSAGE: m1r:U NUMBER OF SHEETS (INCLUDING THIS PAGE): Z- L� Page 1 of 1 Wells, Wayne From: Robert E. Gregg [archreg @aol.com] Sent: Wednesday, March 11, 2009 5:46 PM To: Wells, Wayne Subject: Re: FLD2009- 01001, 431 Mandalay Avenue Wayne, Thank you for all of your hard work and pushing me to. give you the information needed to support this proj ect' Sincerely, Robert E. Gregg President I Architect 727.796.8774 ext. 331 727.791.6942 fax 727.644.8193 mobile - - - -- Original Message - - - - -. From: Wayne.Wells @myClearwater.com To: archreg @aol.com Sent: Wed, 11 Mar. 2009 5:31 pm Subject: FLD2009- 01001, 431 Mandalay Avenue Bob - Attached is the Staff Report for your application. Please let me know by noon on Monday, March 16, 2009, if the conditions of approval are acceptable or not. The CDB meeting is at 1:00 pm on Tuesday, March 17, 2009, in City Council chambers at City Hall, 112 S. Osceola Avenue. As you are aware, if there is no letters or emails of opposition then your application will be placed on the consent portion of the agenda.. So far, I have not received any letters or emails of opposition. Please be ready, however, to make a presentation to the CDB if necessary. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue. Clearwater, FL 33756 -5520 Phone: 727 - 562 -4504 Fax: 727 - 562 -4865 <<Mandalay 431 Staff. Report.doc>> A Good Credit Score is 700 or Above. See ours in just 2 easv steps!, 3/11/2009 Wells, Wayne From: Wells, Wayne Sent: Wednesday, March 11, 2009 5:32 PM To: Robert Gregg (E -mail) Subject: FLD2009- 01001, 431 Mandalay Avenue Bob - Attached is the Staff Report for your application. Please let me know by noon on Monday, March 16, 2009, if the conditions of approval are acceptable or not. The CDB meeting is at 1:00 pm on Tuesday, March 17, 2009, in City Council chambers at City Hall, 112 S. Osceola Avenue. As you are aware, if there is no letters or emails. of opposition then your application will be placed on the consent portion of the agenda. So far, I have not received any letters or emails of opposition. Please be ready, however, to make a presentation to the CDB if necessary. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 -5520 Phone: 727 - 562 -4504 Fax: 727 - 562 -4865 Mandalay 431 Staff Report.doc OF C ITY OF C LEARWATER X°'' ®� POST OFFICE Box 4748, CLEARWATER, FLomA 33758 -4748 `o0a� MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLEAVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 5624567 FAX (727) 562 -4865 PLANNING DEPARTMENT February 25, 2009 Robert Gregg 630 Chestnut Street Clearwater, FL 33756 Re: Community Development Board Meeting (Case No. FLD2009- 01001) Dear Mr. Gregg: You have filed Case No. FLD2009 -01001 for property located generally at 431 Mandalay Avenue for Flexible Development approval to permit a restaurant with an accessory sidewalk cafe in the Tourist (T) District with a lot area of 5,400 square feet, a lot width of 50 feet, a front (west) setback of zero feet (to existing building), a side (north) setback of zero feet (to existing/proposed building), a side (south) setback of 5.4 feet (to proposed building) and zero feet (to existing sidewalk), a rear (east) setback of 2.25 feet (to proposed building) and zero feet (to proposed sidewalk), a building height of 14.67 feet (to flat roof) and zero parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code (CDC) Section 2- 803.C; and a reduction to, the foundation landscaping along Mandalay Avenue from five to zero feet, as a Comprehensive Landscape Program, under the ,,,-ovisi --- -fCnC Q—t;o 3-1202.G. This case has been scheduled for review by the Community Development Board on March 17, 2009. The meeting will take place at 1:00 p.m. in the City Council Chambers, 3`d floor of City Hall at 112 S. Osceola Avenue, Clearwater. If you have any questions, please do not hesitate to call me at 727 -562 -4504. S),ncerely, Wayne M. Wells, AICP Planner III S.-Planning DepartmentlC D BIFLEX (M) Pending casesl Up for the next CDBIMandalay 0431 Way Cool Grill (7) 2009.03 3.17.09 CDB - WWIMandalay 431 CDB Letter 2.25.09.doc -M 54 14: TouAL EMPLOYMENT ANDAFFIRMATIVEAcnON EMPLOYER" N4-. Page 1 of 2 Wells, Wayne From: Robert E. Gregg [archreg @aol.com] Sent: Wednesday, February 18, 2009 6:49 PM To: Wells, Wayne Subject: Re: FLD2009- 01001, 431 Mandalay Avenue 1. Page 2 & 3 were in the package that I have a copy of, that are typed not hand drawn. I will bring another copy of page 3. 2. As far as the landscaping I responded in the written document (letter) regarding the foundation planting wavier request. 3. The site plan had to be reprinted and Erik was at the doctor, so I couldn't get it out of his computer until 6:00. 4. How would answer Ricks comment regarding the missing trees. I would think we would apply for an after the fact permit for what ever we decide was taken out. As part of our permitting. Not sure if that is a development/permit issue vs an approval issue. Sincerely, Robert E. Gregg President I Architect 727.796.8774 ext. 331 727.791.6942 fax 727.644.8193 mobile - - - -- Original Message---- - From: Wayne.Wells @myClearwater.com To: archreg @aol.com Cc: Sherry.Watkins @myClearwater.com; Robert.Tefft @MyClearwater.com Sent: Wed, 18 Feb 2009 6:08 pm Subject: FLD2009- 01001, 431 Mandalay Avenue Bob - While I spoke to you this afternoon regarding the lack of a revised site plan with your latest submittal for the above project, I have been reviewing the submittal package to determine if my Zoning and Landscaping comments have been adequately addressed. I find other things missing or unknown as to how you are addressing the DRC comments: 1. No site plan; 2. Unknown how you are addressing landscaping comments; 3. Unknown how you are addressing Rick Albee's comments; 4. Page 3 of the Flexible Development Application is missing, addressing the Comprehensive Infill Redevelopment Project criteria; 5. Page 8 of the Flexible Development Application is missing, which is the 2/19/2009 Affidavit to Authorize Agent. Since you said you did not have a copy of such page, it was not included in the resubmittal package. I have made copies of this page for you and placed the copies on top of the stack of application packages in Sherry's office so that you can collate this page into the application package. Please take a copy of this page for your files. I cannot impress upon you enough of the necessity to timely respond by bringing in the missing information. In order to stay on track to the CDB, this information must be brought in by 11 am tomorrow (Thursday, February 19th - 15 copies) . Please see Sherry Watkins so that you can collate these additional sheets into the application packages. Sherry will give me one of the missing information for my original case file application package. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 -5520 Phone: 727- 562 -4504 Fax: 727 - 562 -4865 A Good Credit Score is 700 or Above. See yours in just 2 easy steps! 2/19/2009 Page 2 of 2 Wells, Wayne From: Wells, Wayne Sent: Monday, February 02, 2009 5:45. PM To: Robert Gregg (E -mail) Subject: FLD2009 -01001 - 431 Mandalay Avenue :.. Attached. are the Draft DRC comments for the above referenced application, which will. be discussed at the DRC. meeting at 9:15 am on Thursday, February 5,. 2009, in the Planning Department conference room. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 -5520 Phone: 727 - 562 -4504 Fax: 727 - 562 -4865 Draft 2.5.09 C Action Agend °Clearwater January 13, 2009 Robert E Gregg 630 Chestnut St Clearwater, F133756 CITY OF CLEA.ZWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W.MYCLEARWATER. COM VIA FAX: 727 -791 -6942 RE: FLD2009 -01001 -- 431 MANDALAY AVE -- Letter of Completeness Dear Robert E Gregg: The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2009- 01001. 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 February 05, 2009, 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. You will be contacted by the Planning Department's Administrative Analyst within 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 DRC may have regarding your application. Additional comments may 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 -4504 or Wayne.Wells@myclearwater.com. Sincerely yours, l , ,�: M, iVX90,j Wavn ells, AICP Planner III Letter of Completeness - FLD2009- 01001- 431 MANDALAYAVE Wells, Wayne From: Wells, Wayne Sent: Tuesday, January 06, 2009 12:03 PM To: Robert Gregg (E -mail) Subject: FLD2009- 01001, 431 Mandalay Avenue Attached is a Letter of Incompleteness for the above referenced application. The original letter is being mailed to you. Wayne M. Wells, A/CP Planner III City. of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 -5520 Phone: 727 - 562 -4504 Fax: 727 - 562 -4865 Letter of impleteness 1.6 4— t: �_ a rwater U January 06, 2009 Robert E Gregg 630 Chestnut St Clearwater. F133756 OCITY OF CLEARWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 5624567 FAX: (727) 562 -4576 W W W . MYCLEARW ATER. C OM VIA FAX: 727 -791 -6942 RE: FLD2009 -01001 -- 431 MANDALAY AVE -- Letter of Incompleteness Dear Robert E Gregg: The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2009- 01001. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. 1. Submit a completed Comprehensive Infill Redevelopment Project Flexible Development application (wrong application form submitted). Ensure responses to all criteria are provided, explaining HOW each criteria is being achieved, in detail (Affidavit to Authorize Agent does not need to be redone). 2. While a FLS case has been approved to change the use of the existing building from retail sales to restaurant and a building permit issued for such, there have been no inspections or Certificate of Completion issued for this project to effect such change, and as such the existing use of retail_ sales is still present. Therefore, this application will need to be submitted for, and be evaluated as, a request to change the use (and expansion of the building) from retail sales to a restaurant. 3. Page 1 of the application - Provide the following: a. Parcel number of the property; and b. Parcel size (acres and square footage). 4. Since there has been no inspections on the building permit that has been issued, ensure the project valuation dollar amount on Page 1 of the application includes the remodeling costs to the existing building and the building addition cost, as well as the cost of any site improvements. Letter oflncompleteness - FLD2009 -01001 - 431 MANDALAYAYF a l LL OCITY OF CLEA WATER rwnflarw PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W.MYCLEARWATER. C OM January 06, 2009 5. After discussion with Stormwater Engineering, a stormwater plan is required with the following information (using NAVD datum): a. Existing topography extending 50 feet beyond all property lines; b. Proposed grading including finished floor elevations of all structures; c. All adjacent streets and municipal storm systems; d. Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; e. A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual; f. Signature and seal of Florida Registered Professional Engineer on all plans and calculations; and g. 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. 6. Submit the application fee of $1205.00, payable to the City of Clearwater. 7. Provide a TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size [DBH 4" or greater], and location, including drip lines and indicating trees to be removed) - please design around the existing trees. 8. Provide a TREE INVENTORY; prepared by a "certified arborist ", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. 9. Provide a PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved. 10. Provide a GRADING PLAN. 11. Provide an index sheet referencing individual sheets included in package. 12. Please increase the size of written material on the site plan sheets, including all dimensions, as the existing material is too small to read. 13. Revise the address on the site plan (title block and within the existing building outline) to 431 Mandalay Avenue. 14. Provide all required setbacks in the site data table, including the proposed setbacks. 15. Show the location of existing and/or proposed public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines and required grease trap. 16. Show the location of outside mechanical equipment and all required screening. If on the roof, note such. 17. Show the location of all outdoor lighting fixtures. If located on the building, note such. Letter oflncompleteness - FLD2009 -01001 - 431 MANDALAYAVE i-earWatt, U January 06, 2009 SCITY OF CLEA_ZWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W. MY C LEAR W ATER. C OM 18. As part of the required site data table shown on the submitted site plan (indicating existing, proposed and required information), include the following: a. Required land area; b. Existing, proposed and required lot width; c. Required number of parking spaces based on 15 spaces /1,000 square feet; and d. Existing and proposed building and structure heights. 19. Provide a landscape plan, including the following information: a. Existing trees on -site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required tree survey); b. Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; c. Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all existing and proposed landscape materials, including botanical and common names; d. Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; and e. Irrigation notes. 20. Indicate the conditions of the previous development approval under FLS2008- 07016. 21. Submit a COMPREHENSIVE LANDSCAPE PROGRAM application, as foundation landscaping is required adjacent to the building along Mandalay Avenue. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. 22. In addition to the south building elevation, the partial south elevation (colored) and the east elevation, provide the buidling elevation for the west side. All elevations need to be dimensioned (length, width and height). 23. As part of the building elevations, show the location of all existing and proposed attached signage. South elevation appears to indicate a proposed sign that does not exist today legally. Note: The FLD case is not a review of such building signage, which will require appropriate sign permits, including potentially a Comprehensive Sign Program. Section 4 -202 of the Community Development Code states that if an application is deemed incomplete, the deficiencies of the application shall be specified by Staff. No further development review action shall be taken until the deficiencies are corrected and the application is deemed complete. Please resubmit by Monday, January 12, 2009, at NOON. If you have any questions, please do not hesitate to contact me at 727 -562 -4504 or Wayne.Wells@myclearwater.com. Sincerely yours, Letter of7ncompleteness - PLD2009- 01001- 431 MANDALAYAVE `� LL "ITY OF CLEA*AWATER oar a Re r PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 0 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W.MYCLEARWATER. COM January 06, 2009 T a r Wavn Wells Planner III Letter of Incompleteness - FLD2009- 01001- 431 MANDALAYAVE Wells, Wayne From: Wells, Wayne Sent: Friday, August 07, 2009 4:25 PM To: Rice, Scott Subject: Proposed Revised Parking Lot 34 Attachments: image001.gif Can you send me a copy of Mr. Gregg's proposal (last email in the train below)? From: Rice, Scott Sent: Friday, August 07, 2009 12:49 PM To: Bruch, Tracey; Quillen, Michael Cc: Wells, Wayne Subject: RE: Proposed Revised Parking Lot 34 Tracey, This project did not include any on -site parking to support the business. The plan devised during the DRC process was to rearrange the parallel spaces adjacent the restaurant to provide for pedestrian /accessible egress, but not to lose any spaces. You know better than I that the City cannot afford to lose any parking at this location. I want to remember that there was concern about parked vehicles blocking the exit. Can some sort of bollard or other control device take care of this? D. Scott Rice, P.E. Assistant Engineering Director City of Clearwater (727) 562 -4781 From: Bruch, Tracey Sent: Thursday, August 06, 2009 4:15 PM To: Quillen, Michael; Rice, Scott Subject: FW: Proposed Revised Parking Lot 34 Please see attached. Looks like they want to remove all 3 parallel spaces to install a sidewalk to link up with the existing sidewalk from the middle of the lot to Poinsettia. Not necessary in my opinion. Please advise. Tracey Tracey Bruch, CAPP Parking Manager (727) 562 -4771 tracey.bruch @myclearwater.com From: archreg @aol.com [mailto:archreg @aol.com] Sent: Thursday, August 06, 2009 3:59 PM To: Bruch, Tracey Subject: Fwd: Proposed Revised Parking Lot 34 - - - -- Original Message---- - From: archreg @aol.com To: traceybruch @myclearwater.com; seebo_2005 @yahoo.com Sent: Thu, Aug 6, 2009 3:55 pm Subject: Fwd: Proposed Revised Parking Lot 34 Tracey, Here'is a rough layout for revising the parking lot as we discussed. This would answer the access from Mandalay as well as access to Poinsettia. I think this would also give you handicapped access from the parking lot to all of the businesses along the north side of the lot which is presently not available. Please discuss this with other staff members and please don't hesitate to contact me with any questions or ideas. We would like to move forward with concept as quickly as possible. Thank you for your help and consideration. Sincerely. Bob Gregg - - - -- Original Message---- - From: Erik C. Schreiber < eschreiber (i`;designi.tilc.coin> To: 'Robert E. Gregg' <archreg@aol.com> Sent: Thu, Aug 6, 2009 3:39 pm Subject: Way Cool Parking is MF IN CDB Meeting Date: March 17, 2009 Case Numbers: FLD2009 -01001 Agenda Item: D.3. Owners /Applicants: C. John Re, Peter Pullara and Joseph A. Pullara Representative: Robert E. Gregg Address: 431 Mandalay Avenue CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit a restaurant with an accessory sidewalk cafe in the Tourist (T) District with a lot area of 5,400 square feet, a lot width of 50 feet, a front (west) setback of zero feet (to existing building), a side (north) setback of zero feet (to existing/proposed building), a side (south) setback of 5.4 feet (to proposed building) and zero feet (to existing sidewalk), a rear (east) setback of 2.25 feet (to proposed building) and zero feet (to proposed sidewalk), a building height of 14.67 feet (to flat roof) and zero parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code (CDC) Section 2- 803.C; and a reduction to the foundation landscaping along Mandalay Avenue from five to zero feet, as a Comprehensive Landscape Program, under the provisions of CDC Section 3- 1202.G. CURRENT ZONING: Tourist (T) District CURRENT FUTURE LAND Resort Facilities High (RFH) USE CATEGORY: BEACH BY DESIGN Retail and Restaurant District CHARACTER DISTRICT: PROPERTY USE: Current Use: Retail Sales Proposed Use: Restaurant v EXISTING North: Tourist (T) District SURROUNDING ZONING South: Tourist (T) District AND USES: East: Tourist (T) District West: Tourist (T) District hth an accessory sidewalk cafe Restaurant City Parking Lot and Retail Sales Retail Sales Overnight accommodations (Hilton) ANALYSIS: Site Location and Existing Conditions: The 0.12 acres is located on the east side of Mandalay Avenue, approximately 50 feet south of Papaya Street. The site, until recently, has operated as a retail sales and services establishment. On July 25, 2008, a Development Order with four conditions of approval was issued for Case No. FLS2008 -07016 to Community Development Board — March 17, 2009 FLD2009 -01001 —Page 1 of 9 convert the existing building from retail sales and services to a restaurant. Building Permit No. BCP2008 -05503 was issued August 21, 2008, to convert the existing building from retail sales and services to a restaurant. The surrounding neighborhood is a tourist area comprised of hotels /motels, retail sales establishments and restaurants. The Hilton Hotel is located across Mandalay Avenue from the subject property. There are adjacent restaurants to the north and east. Other retail sales establishments and restaurants exist along Mandalay Avenue between the roundabout and Rockaway Street. City parking lot #34 is adjacent to the south of the subject parcel. Development Proposal: The proposal is to permit a sports - themed restaurant at this location through conversion of the existing retail sales building and the construction of an approximate 1,800 square -foot addition to the east side of the existing 2,584 square -foot building. The addition will contain the kitchen and restroom facilities for the restaurant. The proposed addition includes a covered patio on its south side for a sidewalk cafe, and a walk -in cooler /freezer on the east side of the addition. The design of the proposed addition will appear as an extension of the existing building with a similar height and similar exterior material and color. The proposal includes front, side and rear setback reductions to recognize the location of the existing building at less than the required setbacks, but also to provide for the proposed building addition with similar setbacks. There presently does not exist any foundation landscaping along the front of the building along Mandalay Avenue. The application includes the reduction from five to zero feet of the required foundation landscape area along the front of the building, which is not possible to install due to the existing building's location at a zero front setback. A paver sidewalk along the south side of thei . sidewalk cafe will provide required building egress to the City parking lot to the south. This pedestrian, path to the City's parking lot will require the recording of an agreement to replace this required accessible path should the City's property ever be sold for another use. There does exist landscaping. along the south side of ' the building, which was installed and is maintained by the City within an easement obtained by the City on the subject property. Due to the location of the existing building and the size and configuration of the subject property, this site has not previously been provided with any on -site parking. The proposal includes a reduction to the required parking for a restaurant from 66 spaces (based on 15 spaces per 1,000 square feet) to zero spaces. The applicant has submitted a Parking Demand Study that analyzed the available parking within 1,000 feet of the subject property, north of the roundabout. The restaurant is proposed to operate from 11:00 am to the latest of 2:00 am, typical of many beach establishments. The proposal will utilize an existing community dumpster located on Poinsettia Avenue to the southeast of this parcel. Floor Area Ratio (F.A.R.): Pursuant to the Countywide Future Land Use Plan, the maximum floor area ratio for properties with a designation of Resort Facilities High is 1.0. The proposed one -story building footprint produces a floor area ratio of 0.81, which is consistent with Code provisions. Impervious Surface Ratio (I.S.R.): Pursuant to Section 2 -801.1 of the Community Development Code (CDC), the maximum allowable I.S.R. is 0.95. The overall proposed I.S.R. is 0.90, which is consistent with the Code provisions. Minimum Lot Area and Width: Pursuant to Table 2 -803 of the CDC, the minimum lot area for restaurants ranges between 5,000 — 10,000 square feet. The subject property is 5,400 square feet in area. Pursuant to the same Table, the minimum lot width for restaurants can range between 50 — 100 feet. The Community Development Board — March 17, 2009 FLD2009 -01001 — Page 2 of 9 lot width of this site along Mandalay Avenue is 50 feet. The proposal is consistent with these Code provisions. Minimum Setbacks: Pursuant to Table 2 -803 of the CDC, the minimum front setback for restaurants can range between zero — 15 feet, the minimum side setback can range between zero — 10 feet and the minimum rear setback can range between 10 — 20 feet. The proposal includes a front (west) setback of zero feet (to existing building), a side (north) setback of zero feet (to existing/proposed building), a side (south) setback of 5.4 feet (to proposed building) and zero feet (to existing sidewalk) and a rear (east) setback of 2.25 feet (to proposed building) and zero feet (to proposed sidewalk). The proposed rear setback is one reason this application is being processed as a Comprehensive Infill Redevelopment Project. The requested front setback reduction recognizes the building's existing location adjacent to the front (west) property line. Most buildings along both sides of Mandalay Avenue are located in a similar location adjacent to the front property line. While the request also recognizes the existing zero side (north) setback of the existing building, the building addition is proposed at less than one -foot to permit actual construction of the addition. The adjacent building to the north exists at a zero side setback to the common property line. The existing building is located 5.82 feet from the side (south) property line at its southwest corner. The building addition is proposed as an extension of the southern building fagade, but due to a slight lot or building angle, the southeast corner of the building addition will be at a side (south) setback of 5.47 feet. The main building addition is proposed at a rear (east) setback of five feet at its southeast corner. The walk -in cooler /freezer on the rear of this building addition is proposed at a 2.25 - foot setback. A sidewalk to a rear door of the addition will provide access to the kitchen for deliveries and taking out garbage and is located at a zero -foot rear setback. The interior of the existing building is accessed from Mandalay Avenue by a sidewalk at its southwest corner, which exists at a zero -foot side (south) setback. In order to provide access meeting Building and Fire Codes, a sidewalk is proposed adjacent to the" south side of the proposed sidewalk cafe portion of the building addition and directs persons to an access area in the adjacent City parking lot. This pedestrian path to the City's parking lot will require the recording of an agreement to replace this required accessible path should the City's property ever be sold for another use. Given the character of the surrounding area, many properties along both sides of Mandalay Avenue have similar setbacks where buildings have been constructed close to or at the property lines. As such, the setbacks proposed in this request are appropriate and consistent with the developed character of the surrounding area. Maximum Building Height: Pursuant to Table 2 -803 of the CDC, the maximum allowable height for restaurants ranges between 25 — 100 feet. The existing building height is 13.3 feet to its flat roof. The height of the building addition is proposed at a maximum of 14.67 feet to its flat roof. The existing and proposed parapet around the building edge is 16 feet, well below the range permitted. Generally, commercial buildings along both sides of Mandalay Avenue are one- to two -story stories in height. The design of this project creates a form and function that will be consistent with and enhance the character of this area. Minimum Off - Street Parking: Pursuant to Table 2 -803 of the CDC, the minimum required parking for restaurants can range between seven and 15 parking space per 1,000 square feet, or between 31 — 66 required parking spaces. The existing building and site has no on -site parking with no ability to provide any such parking. The proposal provides zero on -site parking spaces. The applicant has submitted a Parking Demand Study of available parking within 1,000 feet of the subject property (north of the roundabout). Many properties along Mandalay Avenue do not have any on -site parking of their own. The proposed restaurant is located within walking distance of numerous motels, hotels and residences. Businesses within this area rely on metered on- street parking and metered parking lots. City Parking Lot Community Development Board — March 17, 2009 FLD2009 -01001 — Page 3 of 9 #34, with 24 metered parking spaces, is located adjacent to the south side of the subject property. Most people park and then walk to businesses, usually visiting more than one business. The Beach Trolley also presently provides bus service from downtown to properties along Mandalay Avenue. The submitted Parking Demand Study demonstrates that adequate parking is available within a reasonable walking distance of this property to support the requested reduction to on -site parking. The proposed parking reduction is another reason this application is being processed as a Comprehensive Infill Redevelopment Project. Mechanical Equipment: Pursuant to Section 3- 201.D.1 of the CDC, all outside mechanical equipment is to be screened so as to not be visible from public streets and/or abutting properties. Mechanical equipment is located on the existing building rooftop and mechanical equipment for the addition is proposed to also be located on the roof. The building's architect has indicated these rooftop mechanical units will not be visible from the properties to the north and east, due to those building's location close to or-adjacent to the common property lines. The building's architect has also indicated these rooftop mechanical units will not be visible within 100 feet from the south and 250 feet from the west. Compliance with the screening requirement for the mechanical equipment is best handled at the building permit phase. Based upon this, the development proposal is consistent with the Code with regard to screening of outdoor mechanical equipment. Utilities: Pursuant to Section 3 -911 of the CDC, for development that does not involve a subdivision, all utilities including individual distribution lines shall be installed underground unless such undergrounding is not practicable. Overhead utility lines presently feed the existing building. Plans for this proposal indicate that new underground service will be provided, in conformance with this Code_requirement. Landscaping_ The improvement value in relation to the current building value, pursuant to Section 3- 1202.A.3 of the CDC, requires landscaping to be brought into full compliance with ,current Code requirements. Pursuant to Section 3- 1202.13 of the CDC, there are no perimeter buffers required in the Tourist District for this site. Since there is no parking lot on this property, there is no interior landscape area requirement. CDC Section 3- 1202.E.2 requires foundation landscaping along the frontage of a building fagade facing a street right -of -way. The building fronts on Mandalay Avenue, but due to its proximity to the front property line, the applicant is unable to provide this required foundation landscaping. Many properties on both sides of Mandalay Avenue do not have any foundation landscaping. Given these circumstances, the application includes a request to reduce this requirement from five to zero feet, which is appropriate. There does exist landscaping along the south side of the building, which was installed and is maintained by the City within an easement obtained by the City on the subject property. In order to construct the proposed sidewalk along the south side of the sidewalk cafe, existing shrubs will need to be removed. The location of the existing palm trees restricts the width of the sidewalk to a maximum of three feet, which will be constructed with pavers. The applicant will need to coordinate with the Parks and Recreation Department for the removal of these shrubs and any trees, including the existing irrigation for such landscaping, and may require the applicant to assume maintenance of the landscaping and/or irrigation. Based on a 2006 aerial photo, there were a number of trees in the currently vacant area at the rear of the property where the addition is planned that have been removed without a permit. Prior to the issuance of a building permit, an after - the -fact permit will need to be obtained and either tree replacements or payment in lieu be approved by the City's Land Resource Specialist. Community Development Board — March 17, 2009 FLD2009 -01001 — Page 4 of 9 k. Solid Waste: The proposal will utilize an existing community dumpster located on Poinsettia Avenue to the southeast of this parcel. Restaurant staff will need to transport the trash to this dumpster. The proposal has been found to be acceptable by the City's Solid Waste Department. Signage: No freestanding signage is possible for this site due to the building's location on the site. Only attached signage will be allowed. There presently is an attached sign on the west side of the building along Mandalay Avenue. Code allowable window signage should be used otherwise. The southern proposed elevation includes an existing banner that must be removed. Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated with the subject property. COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the restaurant proposal with the standards as per Tables 2 -801.1 and 2 -803' of the Community Development Code: 1 See analysis in Staff Report Community Development Board — March 17, 2009 FLD2009 -01001 — Page 5 of 9 Standard Proposed Consistent Inconsistent Maximum F.A.R. 1.0 5,400 square feet 0.81 4,385 square feet X Maximum I.S.R. 0.95 0.90 X Minimum Lot Area 5,000 — 10,000 s . ft. 5,400 square feet X Minimum Lot Width 50 — 100 feet 50 feet X Minimum Setbacks Front: 0 — 15 feet Zero feet (to existing X1 building) Side: 0 — 10 feet North: Zero feet (to X' existing/proposed building) South: 5.4 feet (to proposed " X' building); zero feet (to existing sidewalk Rear: 10 — 20 feet 2.25 feet (to proposed Xt building) and zero feet (to proposed sidewalk Maximum Height 25 — 100 feet Existing: 13.3 feet (to flat X roof); Proposed addition: 14.67 feet to flat roof) Minimum Off - Street Seven - 15 spaces per 1,000 square Zero spaces X' Parkin feet 31 — 66 spaces) 1 See analysis in Staff Report Community Development Board — March 17, 2009 FLD2009 -01001 — Page 5 of 9 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per Section 2 -803.0 of the Community Development Code (Comprehensive Infill Redevelopment Project): Community Development Board — March 17, 2009 FLD2009 -01001 — Page 6 of 9 Consistent Inconsistent 1. The development or redevelopment is otherwise impractical without deviations from X the use and /or development standards set forth in this zoning district. 2. The development or redevelopment will be consistent with the goals and policies of X the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning. district. 3. The development or redevelopment will not impede the normal and orderly X development and improvement of surrounding properties. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed X development 5. The proposed use shall otherwise be permitted by the underlying future land use X category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off - street X parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ❑ Changes in horizontal building planes; ❑ Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; ❑ Variety in materials, colors and textures; ❑ Distinctive fenestration patterns; ❑ Building stepbacks; and ❑ Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Community Development Board — March 17, 2009 FLD2009 -01001 — Page 6 of 9 COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per Section 3 -913.A of the Community Development Code: SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of February 5, 2009, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB). Findings of Fact. The Planning Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. The 0.12 acres is located on the east side of Mandalay Avenue, approximately 50 feet south of Papaya Street; 2. The subject property is located within the Retail and Restaurant Character District of Beach by Design; 3. The site, until recently, has operated as a retail sales and services establishment; 4. On July 25, 2008, a Development Order with four conditions of approval was issued for Case No. FLS2008 -07016 to convert the existing building from retail sales and services to a restaurant. Building Permit No. BCP2008 -05503 was issued August 21, 2008, to convert the existing building from retail sales and services to a restaurant; 5. A Unity of Title tying the lots included in this parcel's legal description was recorded in OR Book 16323, Page 2372; 6. City parking lot #34, with 24 metered parking spaces, is adjacent to the south of the subject parcel; 7. The surrounding neighborhood is a tourist area comprised of hotels /motels, retail sales establishments and restaurants; 8. The proposal is to permit a sports - themed restaurant at this location through conversion of the existing retail sales building and the construction of an approximate 1,800 square -foot addition to the east side of the existing 2,584 square -foot building; 9. The design of the proposed addition will appear as an extension of the existing building with a similar height and similar exterior material and color; 10. The proposal includes front, side and rear setback reductions to recognize the location of the existing building at less than the required setbacks, but also to provide for the proposed building addition with similar setbacks; Community Development Board — March 17, 2009 FLD2009 -01001 — Page 7 of 9 Consistent Inconsistent 1. The proposed development of the land will be in harmony with the scale, bulk, X coverage, density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use of X adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X 5. The proposed development is consistent with the community character of the X immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including X visual, acoustic and olfactory and hours of operation impacts on adjacent properties. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of February 5, 2009, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB). Findings of Fact. The Planning Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. The 0.12 acres is located on the east side of Mandalay Avenue, approximately 50 feet south of Papaya Street; 2. The subject property is located within the Retail and Restaurant Character District of Beach by Design; 3. The site, until recently, has operated as a retail sales and services establishment; 4. On July 25, 2008, a Development Order with four conditions of approval was issued for Case No. FLS2008 -07016 to convert the existing building from retail sales and services to a restaurant. Building Permit No. BCP2008 -05503 was issued August 21, 2008, to convert the existing building from retail sales and services to a restaurant; 5. A Unity of Title tying the lots included in this parcel's legal description was recorded in OR Book 16323, Page 2372; 6. City parking lot #34, with 24 metered parking spaces, is adjacent to the south of the subject parcel; 7. The surrounding neighborhood is a tourist area comprised of hotels /motels, retail sales establishments and restaurants; 8. The proposal is to permit a sports - themed restaurant at this location through conversion of the existing retail sales building and the construction of an approximate 1,800 square -foot addition to the east side of the existing 2,584 square -foot building; 9. The design of the proposed addition will appear as an extension of the existing building with a similar height and similar exterior material and color; 10. The proposal includes front, side and rear setback reductions to recognize the location of the existing building at less than the required setbacks, but also to provide for the proposed building addition with similar setbacks; Community Development Board — March 17, 2009 FLD2009 -01001 — Page 7 of 9 11. The application includes the reduction from five to zero feet of the required foundation landscape area along the front of the building, which is not possible to install due to the existing building's location at a zero front setback; 12. Due to the location of the existing building and the size and configuration of the subject property, this site has not previously been provided with any on -site parking; 13. The proposal includes a reduction to required parking for a restaurant from 66 spaces (based on 15 spaces per 1,000 square feet) to zero spaces; 14. The submitted Parking Demand Study demonstrates that adequate parking is available within a reasonable walking distance of this property to support the requested reduction to on -site parking; and 15. There are no current outstanding Code Enforcement issues associated with the subject property. Conclusions of Law. The Planning Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the development proposal is consistent with the Standards as per Tables 2 -801.1 and 2 -803 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2 -803.0 of the Community Development Code; and 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3 -913.A of the Community Development Code. Based upon the above, the Planning Department recommends APPROVAL of the Flexible Development application to permit a restaurant with an accessory sidewalk cafe in the Tourist (T) District with a lot area of 5,400 square feet, a lot width of 50 feet, a front (west) setback of zero feet (to existing building), a side (north) setback of zero feet (to existing/proposed building), a side (south) setback of 5.4 feet (to proposed building) and zero feet (to existing sidewalk), a rear (east) setback of 2.25 feet (to proposed building) and zero feet (to proposed sidewalk), a building height of 14.67 feet (to flat roof) and zero parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code (CDC) Section 2- 803.C; and a reduction to the foundation. landscaping along Mandalay Avenue from five to zero feet, as a Comprehensive Landscape Program, under the provisions of CDC Section 3- 1202.G, with the following conditions: Conditions of Approval: 1. That the final design and color of the restaurant building be consistent with the elevations approved by the CDB; 2. That, prior to the issuance of a building permit, an agreement acceptable to the Engineering Department be recorded in the public records indicating the applicant will provide alternative access to the public sidewalk on Mandalay Avenue from the secondary building exit should the City or successor in title to ownership of the City -owned parking lot change the use of the parking lot thereby blocking access to the public sidewalk. Such agreement shall further make clear the applicant agrees to pay all costs associated with restoring access to the public sidewalk and meet all applicable accessibility Code requirements; 3. That, prior to the issuance of a building permit, screening requirements for rooftop mechanical units be approved by the Planning Department; 4. That, prior to the issuance of a building permit, the applicant coordinate the removal of shrubs and trees and existing irrigation with the Parks and Recreation Department to construct the paver sidewalk along the south side of the sidewalk cafe, which may require the applicant to assume maintenance of the landscaping and/or irrigation; Community Development Board — March 17, 2009 FLD2009 -01001 — Page 8 of 9 5. That, prior to the issuance of a building permit, an after - the -fact permit be obtained for trees removed from the rear area of the subject property, providing either tree replacements or payment in lieu, as approved by the City's Land Resource Specialist; and 6. That, prior to the issuance of a building permit, all requirements of General Engineering, Stormwater Engineering and the Land Resource Specialist be addressed. Prepared by Planning Department Staff: Wayne I Wells, AICP, Planner III ATTACHMENTS: ❑ Location Map • Aerial Map • Zoning Map ❑ Existing Surrounding Uses Map ❑ Photographs of Site and Vicinity S.IPlanning DepartmentlC D BIFLEX (FLD)IPending casesl Up for the next CDBIMandalay 0431 Way Cool Grill (7) 2009.03 3.17.09 CDB - WWIMandalay431 StaffReport.doc Community Development Board — March 17, 2009 FLD2009 -01001 — Page 9 of 9 HEILWOOD BAY AVALON o y KEN�DALL Juanita A Z O ❑LL C D BAY ESPLANADE 0 ROCKAWAY Ambler cc-- BAYMONT ST �Q � O Q SKIFF SAN MARCO w o Op Pol PAPAYA ST w 0 Q 0 PROJECT Z SITE Pier 60 O Causeway Blvd 9�c° �r �a 4 FIRST m� ST 0 SECOND ST DR THIRD ST a LOCATION MAP Owners: C. John Re, Peter Pullara, Joseph A. Case: FLD2009 -01001 Pullara Site: 431 Mandalay Avenue Property Size: 0.123 acres PIN: 08- 29 -15- 02592 -001 -0030 Atlas Page: 267A 74 8'' 78 7 4 8 — 7 — 5 490 5 480 35 / 6 475 6 4 1e5(S1 W 34 - 70 _ _ , A 472 - 33 7 32 7 1700 470 - - _ 31 4 8 1 8 2 $ 464 J 29 Q 471 7 �2- 66 = V6728"1 - 9 - 9 466 W PHASE 1 Z4 _ 46 Q - 27 - 10 470 10 B4 O Z 46 459 •0 465 8 - - - P - 7L �7 25� 11 464 �1k60 463 L 54658 77 Q.a3 23 J 4 454 y -9- - - ,d, CO 12 78 'I 79 -� M �r 22 4 - - - 4 1 M 12 ,4 W 10 _ 4 - 45 2 119-21-1 13 454 9 1345 - - - PHASE 2 2 _ &8 -!9 14 14 - - - $ ^n 83 ?93 18- . - - 184 8 N 84_Zj 4:U 17 1 15 15 12 1 S 85 $ Q YAST s 582.65 1- 42 V' , 441 • - - v , T,4 - - 41 432 W - 2436 425 2 %� OSI \ 430 � 529 -5 _ 40 O 439 3- - q -4?,� � 39 Q 428 4 42J 8 Q 421 -9 -1 38 429 5 b Z 10 - - - 426 41B - - - P - 417 11 37 B 6 415 12 413 13 A 36 422 7 7 411 14 40915 1 4238 8 (( r' ��8 Q 40 716 423A 405 17 406 N f1 9 -1 34 �OB - - - - 40318 -jot-' 20 33 L 10 409 10 400 - - - - - - - - - - - - 22 32 11 406 405 11 j9� 23 31 12 12 - - - - - 724 -39 75 403 - - - - 30 400 , 3 13 _ 26 _ _ - - - - - - - - 385 27- 29 14400 401- 14 sss s� jgjAA28 60 AL NOS* ZONING MAP Owners: C. John Re, Peter Pullara, Joseph A. Case: FLD2009 -01001 Pullara Site: 431 Mandalay Avenue Property Size: 0.123 acres PIN: 08- 29 -15- 02592 -001 -0030 Atlas Page: 267A 74378` 78 7 q 8 7 5 490 5 A 48 t 165,8, wellings —� — - -- 35 I 6 475 4 472 .1 - 7p Ov niot- a a 470 I ' ��— //_ ac do = 2 ,�o� 31 —30— — 8 464 ' 8 — — Q 471 29, Q 72_ 46 Q f _ 4 7 _ 9 9 46 y PHASE 1 - I t Q -8 459 25 470 10 B ernight 10 ra tfili " ti0 _ r e 1 a57— ]� 11 464 1 1146 463 9 L 54658 -Attqxhed 77 pprr23J7 M l IYl�Yil Vi — — — 12 4 1� 125 10 „9S Dwellings 79' _ 4 _ 4s J "� -j _ 13 q5 Ov 45 Yacan PHASE 2 1 — — — 11 18 ! 14 acc mmo do — — — 084.N Qy. Urant 16 15 Vacant YAST Q 582.65 437 st' t 1G Q eCtlil 441 1 W — — 41 432 y ales2436 O 425 . 430 �y_5 — 40 Z 439 g 423 3 _421 7 �i tnlll 8 4 Overnight _39 = a4-I 36 cc a ion 4295426 4 e 1 accommodations - 4 1572 37 1 - — R Ali ra t — — 6 J 413 1 3 A 36 41114 7422 V 7 a t_ fflill 40 6 42348 423 406 4_0318 34 X019 _ 1 9 a 1 9 _ � 408 Vnenn OV � 409 33 20 10 L L 400 _ _ _ aC t10 _ _ 22 32 _ _ 11 405 _3 4 Retail- _ _ _ _ - -tZ - ,2 - - - 400 L6 OleS_ t3 rnl t 385 z7_ 29 _ _ — ,4400 — COmnOa ions ssxs) g so EXISTING SURROUNDING USES MAP Owners: C. John Re, Peter Pullara, Joseph A. Case: FLD2009 -01001 Pullara Site: 431 Mandalay Avenue Property Size: 0.123 acres PIN: 08- 29 -15- 02592 -001 -0030 Atlas Page: 267A r4'�g� �. . ", ! 14' t � Conditions Associated Wit - FLD2009 -01001 431 MANDALAY AVE Engineering Condition Steve Doherty 562 -4773 01/27/2009 Prior to Review by the Community Development Board: Not Met 1. Applicant has indicated that this building is to be sprinklered. Provide a plan showing the location of the required DDCA backflow prevention device, Fire Department Connection and Fire Hydrant Assembly(s) proposed to serve the fire protection system. MET: APPLICANT HAS MET WITH FIRE DEPT AND DETERMINATION HAS BEEN MADE THAT BUILDING WILL NOT BE SPRINKLERED. 2. Applicant has obtained approval to convert a retail use on the subject property to a restaurant (FLS2008- 07016) and this approval allowed the restaurant zero parking spaces in lieu of 41 parking spaces otherwise required. The current request seeks approval for an additional 1,801 sq. ft. of restaurant floor area that increases the number of required parking spaces to 66. Given that it is not presently possible for the applicant to provide the additional 25 parking spaces, how is expansion of the restaurant justified? MET: PARKING STUDY SUPPORTING APPLICANT'S REQUEST HAS BEEN SUBMITTED. 3. A pedestrian path from the restaurant to a public sidewalk is required by the Fire Department. It appears that access to the public way (sidewalk adjoining Mandalay. Blvd.), will need to be provided via the City's parking lot to meet this requirement because presently a landscaping and utility easement on the south 5.42 -feet of the subject property prevents direct access to the public sidewalk via applicant's property. The use of the city-owned property to the south as a parking lot cannot be guaranteed; hence the applicant will need to agree to meet the public access requirement via another means should the use of the parking lot be changed in the future. A Development Order Condition of Approval will address this requirement if this application is approved, to wit: "Prior to the issuance of a building permit the Applicant shall provide a letter of agreement indicating that the applicant will provide alternative access to the public sidewalk on Mandalay Avenue from the secondary building exit should the City or successor in title to ownership of the City -owned parking lot change the use of the parking lot thereby blocking access to the public sidewalk. The letter shall further make clear the applicant agrees to pay all costs associated with restoring access to the sidewalk and meet all applicable accessibility code. requirements ". Prior to the issuance of a Building Permit: 1. The plans submitted with the application indicate a pedestrian path from the building to the City's parking lot located at the mid -point of a parallel parking space. Relocate the path to the east end of the parking space. Prior to the issuance of a Certificate of Occupancy: 1. Applicant shall install an appropriately sized grease trap to prevent grease from. entering city sanitary sewer system. Environmental Condition Sarah Josuns 562 -4897 01/22/2009 Please Note: An. Asbestos Survey is usually required prior to conducting any demolition or Not Met renovations. Please contact Pinellas County Air Quality (464 -4422) for further information. Landscape Wayne. Wells, AICP 727- 562 -4504 02/02/2009 On Page 2 of the applicant's narrative, landscaping along the south side of the. building is Not Met discussed, specifically that some of the shrubs (oleanders) will be removed to accommodate a proposed sidewalk. After discussion with Tim Kurtz in Engineering, the narrative also indicates a desire to change out the Indian Hawthorne shrubs for fountain grass and colorful native plants such as Lantana. The City has an easement for the existing shrubs and palm trees (along with irrigation), that the City maintains. Changing out the landscaping or removing trees will require coordination with the Parks and Recreation Department and may require the owner to assume Print Date: 03/06/2009 CaseConditons Page 1 of 2 .. FLD2009 -01001 431 MANDALAY Landscape Wayne Wells, AICP 727 - 562 -4504 responsibility for irrigation and maintenance of the landscaping. Fountain grass creates maintenance issues and Lantana needs to be replaced annually.. Other landscape materials may be better suited to a beach environment if the owner desires to replace the existing shrubs. Advise /revise. Land Resource Condition Rick Albee 727 - 562 -4741 01/20/2009 A 2006. aerial shows numberous trees on site that have been removed without a permit. Address Not Met these removals, apply for an after the fact permit. Replacements or payment in lieu of may be required. 02/03/2009 The proposed 4' walk adjacent to the proposed addition will not work without removing the palm Not Met trees as there is only 3' available from the base of the trees to the patio. Address this. impact with Tim Kurtz and /or the Parks department prior to CDB. Storm Water Condition Phuong. Vo 562 -4752 01/22/2009 The following shall be addressed prior to issuance of the Building Permit: 1. Provide a copy of the approved SWFWMD permit or letter of exemption. 2. Stormwater payment in -lieu in the amount of $16,625 shall be paid before issuance of the building permit. 3. Show on the proposed site plan the roof runoff collection system. and how runoff from the existing and proposed buildings is routed away from the adjacent properties. 4. The runoff from the proposed addition can discharge to the City parking lot to the south. However, the runoff cannot all discharge at one point but shall be through several discharge points. 1 5. Runoff from the roof drains from the building directly north of the proposed addition cannot be abandoned and blocked off without being properly redirected. General note:. 1. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Solid Waste Condition Wayne Wells, AICP 727 - 562 -4504 02102/2009 Will need to use common dumpster on Poinsettia Avenue. Need to set up through Solid Waste. Zoning Condition Wayne Wells, AICP 727 - 562 -4504 01/28/2009 Rooftop mechanical equipment must be screened from view from the street and adjacent properties. Unclear if the parapet height is of sufficient height for screening purposes. Advise /revise. 02/02/2009 Photograph of the front of the building shows the location of attached signage facing Mandalay Avenue. Photograph /elevation of the south side of the building includes a banner that has not received any City approval over the egress door on the south side of the building close to Mandalay Avenue. The Sign Code only permits one attached sign per establishment. Staff is not supportive of any additional attached signage on the side of the building, even through the Comprehensive Sign Program. Alternative signage allowed by Code that should rather be explored is window signage for the south side of the building. Not Met Not Met Not Met Not Met Print Date: 03/06/2009 CaseConditons Page 2 of 2 Wells, Wayne From: Wells, Wayne Sent: Thursday, February 19, 2009 10:05 AM To: Albee, Rick; Buysse, Beverly A.; Buzzell, William; Clayton, Gina; Doherty, Steve; Dougall- Sides, Leslie; Glenn, Tom; Gluski, Roberta; Kader, Art; Keller, James; Kurleman, Scott; Morris, William D.; Reid, Debbie; Rice, Scott; Rickard, Leonard; Tefft, Robert; Watkins, Sherry Subject: FLD2009- 01001, 431 Mandalay Ave. DRC members - The site plan was missing from the resubmittal package. The revised site plan has now been submitted and has been included with the package on top of the cabinets outside Rm 216. If this was a concern to you, you may now review or finish your review of the resubmittal package. Thanks. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 -5520 Phone: 727 - 562 -4504 Fax: 727 - 562 -4865 V Q Wells, Wayne From: Watkins, Sherry Sent: Tuesday, February 24, 2009 10:29 AM To: Wells, Wayne; Matzke, Lauren; Tefft, Robert Subject: FW: CDB Resubmittals for the March 17, 2009 meeting FYI Thank you, Sherry Watkins Administrative Analyst Planning Department 727 -562 -4582 - - - -- Original Message---- - From: Elbo, Bennett. Sent: Tuesday, February 24, 2009 9:02 AM To: Watkins, Sherry Subject: RE: CDB Resubmittals for the March 17, 2009 meeting Thank Sherry LUZ2008- 11003 has been met. Ben - - - -- Original Message---- - From: Watkins, Sherry Sent: Tuesday, February 24, 2009.8:57 AM To: Elbo, Bennett Subject: RE: CDB Resubmittals for the March 17, 2009 meeting LUZ2008 -11003 is the correct number. Thanks Sherry - - - -- Original Message---- - From: Elbo, Bennett Sent: Tuesday, February 24, 2009 8:53 AM To: Watkins, Sherry Subject: RE: CDB Resubmittals for the March 17, 2009 meeting The following cases. has been met: FLD2009 -1001 and FLD2009- 02005. I. cannot open LUZ2009 -11003 using tidemark. Please advise. Bennett Elbo Engineering Specialist City's Traffic Operations Division tel: (727)562 -4775 fax: (727)562 -4755 - - - -- Original Message---- - From: Watkins, Sherry. Sent: Tuesday, February 17, 2009 2:53 PM To: Buzzell, William; Chase, Susan; Dougall- Sides, Leslie; DRC Members; Gluski, Roberta;. Hollander, Gwen; Hufford, Diane; Josuns, Sarah; Lutz, Deb; Patni, Himanshu; Reid, Debbie; Rickard, Leonard; Shell, Heather C.; Steve Fairchild (E- mail); US Post Office (E- mail); Vo, Phuong; Yellin, Catherine Subject: CDB Resubmittals for the March 17, 2009 meeting k .. Importance: High DRC Members, Plans for the following cases have been resubmitted for the March 17, 2009 CDB meeting: FLD2009 -01001 431 Mandalay Avenue Planner: Wayne Wells FLD2009- 02005 - 490 Mandalay Avenue, Suites 8 & 9 Planner: Robert Tefft LUZ2009 -11003 - 303 Pinellas Street; 323 Jeffords Street and 300 Pinellas Street; and an unaddressed parcel located east of 323 Jeffords. Street on Reynolds Ave Planner: Lauren Matzke I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (please do not take it, as we need it for CDB mail out). Please review your comments /conditions for this case in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to me via email. Please have cases reviewed, if possible by 12PM February 24.2009 Sherry Watkins Administrative Analyst Planning Department 727 -562 -4582 Wells, Wayne From: Keller, James Sent: Wednesday, February 18, 2009 1:22 PM To: Watkins, Sherry Cc: Tefft, Robert; Wells, Wayne Subject: Resubmitted FLD2009 -01001 431 Mandalay Avenue Planner: Wayne Wells ( DONE ) FLD2009 -02005 490 Mandalay Avenue Planner: Robert Tefft (HOLD) Respectfully, James Keller Fire Inspector II Division of Fire Prevention Services Clearwater Fire & Rescue 9:15 am th Case Number: FLD2009 -01(,. - 431 MANDALAY AVE n' Owner(s): Re, Cosmo. John Revocable. Trust spa, C/O Re, Cosmo John Tre Tampa, F133609 P)m TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No. Email Representative: Robert E Gregg mrl� 630 Chestnut St Clearwater, F133756 TELEPHONE: 727 - 796 -8774 x 331, FAX: 727- 791 - 6942, E- MAIL:. archreg @aol.com Location: 0.12 acre located on the east side of Mandalay Avenue, approximately 50 feet south of Papaya Street. Atlas Page: 267A Zoning District: T, Tourist Request:. Flexible Development approval to permit a restaurant in the Tourist (T) District with a lot area of 5,400 square feet, a lot width of 50 feet, a front (west) setback of zero feet (to building), a side (north) setback of zero feet (to building), a side (south) setback of 5.4 feet (to building) and zero feet (to sidewalk), a rear setback of 2.25. feet (to building) and zero feet (to sidewalk), a building height of xx feet (to flat roof) and zero parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.C; and a reduction to the foundation landscaping along Mandalay Avenue from five to zero feet, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G. Proposed Use:. Restaurants Neighborhood Clearwater Beach Association Association(s): TELEPHONE: 443 -2168, FAX: No Fax, E -MAIL: papamurphy @aol.com Neighborhood Clearwater Neighborhoods Coalition Association(s): TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Presenter:. Wayne Wells, Planner III Attendees Included: City: Wayne Wells, Robert Tefft, Scott Rice, Steve Doherty, Jim Keller, Rick Albee Applicant: Robert Gregg The DRC reviewed this application with the following comments: General Engineering: Development Review Agenda -. Thursday, February 5, 2009 - Page 3 DRC Action Agmda 1.1 Prior to Review by . Community Development Board: 1. Applicant has indicated that this building is to be sprinklered. Provide a plan showing the location of the required DDCA backflow prevention device, Fire Department Connection and Fire Hydrant Assembly(s) proposed to serve the fire protection system. 2. Applicant has obtained approval to convert a retail use on the subject property to a restaurant (FLS2008- 07016) and this approval allowed the restaurant zero parking spaces in lieu of 41 parking spaces otherwise required. The current request seeks approval for an additional 1,801 sq. ft. of restaurant floor area that increases the number of required parking spaces to 66. Given that it is not presently possible for the applicant to provide the additional 25 parking spaces, how is expansion of the restaurant justified? 3. A pedestrian path from the restaurant to a public sidewalk is required by the Fire Department. It appears that access to the public way (sidewalk adjoining Mandalay Blvd.), will need to be provided via the City's parking lot to meet this requirement because presently a landscaping and utility easement on the south 5.42 -feet of the subject property prevents direct access to. the public sidewalk via applicant's property. The use of the city-owned property to the south as a parking lot cannot be guaranteed; hence the applicant will need to agree to meet the public access requirement via another means should the use of the parking lot be changed in the future. A Development Order Condition of Approval will address this requirement if this application is approved. Prior to the issuance of a Building Permit: 1. The plans submitted with the application indicate a pedestrian path from the building to the City's parking lot located at the mid -point of a parallel parking space. Relocate the path to the east end of the parking space. Prior to the issuance of a Certificate of Occupancy: 1. Applicant shall install an appropriately sized grease trap to prevent grease from entering city sanitary. sewer system. Environmental: 1 . Please Note: An Asbestos Survey is usually required prior to conducting any demolition or renovations. Please contact Pinellas County Air Quality. (464 -4422) for further information. Fire: 1. Provide detail as to. how the exiting works from new building to a public way.PRIOR TO CDB 2. On permit BCP2008 -05503 letter is on file from Mr. Bob Gregg 8/20/2008 that building is going to be sprinklered, show the location of the fire department connection, Fire Department Connection is to be 15' off of the building and show the location of fire hydrant, it shall be within 25'- 50' on the same side of the street. PRIOR TO CDB Harbor Master: 1 . No issues. Legal: 1 . No. issues. Land Resources: 1 . A 2006 aerial shows numberous trees on site that have been removed without a permit. Address these removals, apply for an after the fact permit. Replacements or payment in lieu of may be required. 2. The proposed 4' walk adjacent to the proposed addition will not work without removing the palm trees as there is only 3' available from the base of the trees to the patio. Address this impact with Tim Kurtz and/or the Parks department prior to CDB. Landscaping: Development Review Agenda - Thursday, February 5, 2009 Page 4 DRC Action Agenda I.1 A Comprehensivc _.idscape Program application has been submit, , nowever, it does not list what deviation from landscaping requirements is requested (see below). The request should be for the reduction of the foundation landscape area along Mandalay Avenue from five to zero feet. Responses to the Comprehensive Landscape Program criteria should specifically address HOW the requested deviation complies with the criteria. On Page 2 of the applicant's narrative, landscaping along the south side of the building is discussed, specifically that some of the shrubs (oleanders) will be removed to accommodate a proposed sidewalk. After discussion with Tim Kurtz in Engineering, the narrative also indicates a desire to change out the Indian Hawthorne shrubs for fountain grass and colorful native plants such as Lantana. The City has an easement for the existing shrubs and palm trees (along with irrigation), that the City maintains. Changing out the landscaping or removing trees will require coordination with the Parks and Recreation Department and may require the owner to assume responsibility for irrigation and maintenance of the landscaping. Fountain grass creates maintenance issues and Lantana needs to. be replaced annually. Other landscape materials may be better suited to a beach environment if the owner desires to replace the existing shrubs.. Advise /revise. Parks and Recreation: 1. No issues - commercial expansion on less than one acre. Stormwater: 1 . The following shall be addressed prior to issuance of the Building Permit: L. Provide a copy of the approved SWFWMD permit or letter of exemption. 2. Stormwater payment in -lieu in the amount of $16,625 shall be paid before issuance of the building permit. 3. Show on the proposed site plan the roof runoff collection system and how runoff from the existing and proposed buildings is routed to the street, away from the adjacent properties. General note: 1. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Solid Waste: 1 . Will need to use common dumpster on Poinsettia Avenue. Need to set up through Solid Waste. Traffic Engineering: 1 . Prior to a final certificate of occcupancy: Planning: 1) Applicant shall comply with the current Transportation Impact Fee Ordinance and fee schedule. Development Review Agenda - Thursday, February 5, 2009 - Page 5 DRC Action Agmda 1.1 1 . 2/5/09 - WW DRC meeting - It was agreed with Bob Gregg to perform study this weekend with the study area basically between Baymont and the roundabout. 1/13/09 - WW Parking Demand Study, evaluating the adequacy of existing public parking within 1,000 feet of this property, must be submitted for review. This Study needs to justify the requested reduction to off - street parking for this proposal. 1/6/09 - WW Provide a PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved. 2. Sidewalk coming from rear door on east side of the addition is NOT a required egress (per Jeff Walker - cannot egress through the kitchen), where only a landing/stoop is required. However, the sidewalk from the covered patio to the City's parking lot IS a required egress (per Jeff Walker), which cannot deadend into a parking space where a car will be parked. Revise to provide only a landing/stoop outside the door on the east elevation. Remove the sidewalk presently shown along the east and southern portions of the addition, which would allow the existing shrubs to remain. Need to revise the egress from the covered patio to provide a handicapped accessible path (to the City's parking lot ?), potentially shifting the location of the adjacent parking space to provide the accessible path to the City's parking lot. Plans need to indicate the revisions necessary to provide required egress from the building. 3. Dimension the width of the. building on the east elevation. 4. South and East elevations indicate a relocated electrical service to the east side of the addition. Section 3 -911 and the Building Code requires the electric service to be underground, not overhead as indicated. Revise. 5. Building height is measured to the highest part of the flat roof, which is most likely not the top of the parapet. Indicate the revised building height on the. elevations, along with the height of the parapet. 6.. Rooftop mechanical equipment must be screened from view from the street and adjacent properties. Unclear if the parapet height is of sufficient height for screening purposes. Advise /revise. 7.. Revise the address to 431 Mandalay Avenue on the South and East Elevations. 8. Photograph of the front of the building shows the location of attached signage facing Mandalay Avenue. Photograph/elevation of the south side of the building includes a banner that has not received any City approval over the egress door on the south side of the building close to Mandalay Avenue. The Sign Code only permits one attached sign per establishment. Staff is not supportive of any additional attached signage on the side of the building, even through the Comprehensive Sign Program. Alternative signage allowed by Code that should rather be explored is window signage for the south side of the building. 9. Application indicates an increase of the size of the building by 1,704 square feet. Proposed site plan (on the building) indicates 1,705 square feet (1,187 + 518).. Site Data table on the site plan indicates 1,801 square feet (4,385 - 2,584). Narrative letter from Bob Gregg indicates addition of 1,801 square feet and a total of 4,380 square feet in the first paragraph and 1,801 and 4,385 in #3. Which numbers are correct? Revise to ensure the same numbers are presented in all locations 10. Response to General Applicability. criteria #1 Need to expound on the proposal's harmony with the surrounding character, discussing the uses of the surrounding area. 11 . Response to General Applicability. criteria #2 -. Need to discuss the uses of the adjacent properties and the proposal's impact on surrounding property values. 12. Response to General Applicability criteria #4 - Application includes a parking reduction to zero spaces. Need to expound on how the change of use and expansion of the building will not create traffic congestion, such as capturing foot traffic of beach goers, and beach parking generally. 13'. Response to General Applicability criteria #5 - Need to expound on the proposed use in relation to other uses in the vicinity. 14. Response to General Applicability criteria #6 - Need to discuss proposed hours of operation and potential noise issues. Need to discuss trash disposal. 15. Response to Comprehensive Infill Redevelopment Project criteria #1 - Reduction to setbacks have been discussed. Need to discuss the reduction to parking spaces. Development Review Agenda Thursday, February 5, 2009 - Page 6 DRC Action Agenda 1.1 16 . Response to Compi. .nsive Infill Redevelopment Project criteria #2 .ovided response does not address the criteria. Include any appropriate references to Beach by Design and the character district this site is located within. Revise. 17. Response to Comprehensive Infill Redevelopment Project criteria #4 - Need to address the proposed restaurant use and its effect regarding substantial detriment on adjacent properties. 18. Response to Comprehensive Infill Redevelopment Project criteria #5 - Need to address the compatibility of the use and address "a ". 19. Response to Comprehensive Infill Redevelopment Project criteria #6 -. Need to address compliance with this criteria and all of "a" - "e" in detail. When discussing "d ", need to discuss how the proposal meets the design elements (not just check the box). 20. Narrative letter submitted by Bob Gregg Revise for the following: a. Paragraph 2 - Revise the second sentence from "The increased are is" to "The increased area is"; b. Paragraph 2 - The covered patio is not solely for smoking, but is a dining /drinking area that permits smoking; c. Paragraph 4 - #2 - Reduction to setbacks start with the higher number. The Code provides a range that the setbacks can be within. These setbacks for restaurants are to be used as a reference regarding the proposed setbacks. This application is being processed as a Comprehensive Infill Redevelopment Project due to the proposed setbacks being outside (lesser than) the ranges listed; d. Paragraph 4 - #3 - Reduction to required setbacks need to be justified based on a Parking Demand Study; and e. Paragraph regarding solid waste. Need to discuss the location of the dumpster and how operationally this establishments waste will be taken care of. Other: No Comments Notes:. Conditional Sufficiency, based on Parking Demand Study.. If okay, then resubmit by noon, 2 /13/09, for 3/17/09 CDB Development Review Agenda - Thursday, February 5, 2009 - Page 7 DRC Action Agmda 1.1 Wells, Wayne From: Reid, Debbie Sent: Wednesday, February 04, 2009 2:41 PM To: Wells, Wayne Subject: Way Cool Grill - FLD2009 -01001 Importance: High Wayne, just wanted to let you know I just made a change on the above referenced case (goes to DRC tomorrow). It. is a commercial project on less than one acre, so our fee will not. apply. Thanks!! Debbie O Wells, Wayne From: Fresk, Sheryl Sent: Tuesday, February 03, 2009 10:53 AM To: Wells, Wayne Subject: RE: Map Request - FLD2009- 01001, 431 Mandalay Avenue AERIAL.doc EXISTING.doc LOCATION.do ZONING.doc - - - -- Original Message---- - From: Wells, Wayne Sent: Tuesday, February 03, 2009 8:02 AM To: Fresk, Sheryl Cc: Herman, Jason Subject: Map Request - FLD2009- 01001, 431 Mandalay Avenue Sheryl - Attached is a Map Request for the above referenced application. I will bring the necessary information over to you. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 -5520 Phone: 727 - 562 -4504 Fax: 727 - 562 -4865 << File: Map Request.doc >> Wells, Wayne From: Wells, Wayne Sent: Tuesday, February 03, 2009 8:02 AM To: Fresk, Sheryl Cc: Herman, Jason Subject: Map Request -. FLD2009- 01001, 431 Mandalay Avenue Sheryl - Attached is a Map Request for the above referenced application. I will bring the necessary information over to you. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 -5520 Phone: 727 - 562 -4504 Fax: 727 - 562 -4865 Map Request.doc Map Request Planner Name: Wayne Wells. Case Number: FLD2009 -01001 Date Requested: February 3, 2009 Date. Requested for (date): February 17, 2009 Maps Requested ® Location. Map. ® Aerial. Map ® Zoning Map ® Existing Surrounding Uses Map Required Documents to be submitted to Engineering ® Legal Description ® Survey ® Map with Proposed Site Highlighted Map Name Owners: C. John Re, Peter Pullara, Joseph. A. Case: FLD2009 -01001 Pullara. Site: 431 Mandalay. Avenue Property Size: 0.123 acres PIN: 08- 29 -15- 02592 - 001 -0030 Atlas. Page: 267A 9:15 am Case Number: FLD2009 -01� -- 431 MANDALAY AVE PrkAA Owner(s): Re, Cosmo John Revocable Trust C/O Re, Cosmo John Tre Fwb Tampa, FI 9 TELEPHONE: No Phone, .FAX:. No Fax, E -MAIL: No Email Representative: Robert EGregg Q'*ft%vt 630 Chestnut St Clearwater, F133756 TELEPHONE: 727- 796 -8774 x 331, FAX:, 727 - 791 -6942, E -MAIL: archreg @aol.com Location: 0.12 acre located on the east side of Mandalay Avenue, approximately 50 feet south of Papaya Street. Atlas Page: 267A Zoning District: T, Tourist Request: Flexible Development approval to permit a restaurant in the Tourist (T) District with a lot area of 5,400 square feet, a lot width of 50 feet, a front (west) setback of zero feet (to building), a side (north) setback of zero feet (to building), a side (south) setback of 5.4 feet (to building) and zero feet (to sidewalk), a rear setback of 2.25 feet (to building) and zero feet (to sidewalk), a building height of xx feet (to flat roof) and zero parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.C; and a reduction to the foundation landscaping along Mandalay Avenue from five to zero feet, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G. Proposed Use: Restaurants Neighborhood Clearwater Beach Association Association(s): TELEPHONE: 443 -2168, FAX: No Fax, E- MAIL: papamurphy @aol.com Neighborhood Clearwater Neighborhoods Coalition Association(s): TELEPHONE: No Phone, FAX: No. Fax, E -MAIL: No Email Presenter: Wayne Wells, Planner III Attendees Included: City: Wayne Wells, Robert Tefft, Scott Rice, Steve Doherty, Lenny Rickard, Rick Albee, Tom Glenn Applicant: Robert Gregg The DRC reviewed this application with the following comments: General Engineering: Development Review Agenda - Thursday, February 5, 2009 -. Page 3 DRC Action Agmda 1.1 Prior to Review b) Community Development Board: 1. Applicant has indicated that this building is to be sprinklered. Provide a plan showing the location of the required DDCA backflow prevention device, Fire Department Connection and Fire Hydrant Assembly(s) proposed to serve the fire protection system. 2. Applicant has obtained approval to convert a retail use on the subject property to a restaurant (FLS2008- 07016) and this approval allowed the restaurant zero. parking spaces in lieu of 41 parking spaces otherwise required. The current request seeks approval for an additional 1,801 sq.. ft.. of restaurant floor area that increases the number of required parking spaces to 66. Given that it is not presently possible for the applicant to provide the additional 25 parking spaces, how is expansion of the restaurant justified? 3. A pedestrian path from the restaurant to a public sidewalk is required by the Fire Department. It appears that access to the public way (sidewalk adjoining Mandalay Blvd.), will need to be provided via the City's parking lot to meet this requirement because presently a landscaping and utility easement on the south 5.42 -feet of the subject property prevents direct access to the public sidewalk via applicant's property. The use of the city-owned property to the south as a parking lot cannot be guaranteed; hence the applicant will need to agree to meet the public access requirement via another means should the use of the parking lot be changed in the future. A Development Order Condition of Approval will address this requirement if this application is approved. Prior to the issuance of a Building Permit: 1. The plans submitted with the application indicate a pedestrian path from the building to the City's parking lot located at the mid -point of a parallel parking space. Relocate the path to the east end of the parking space. Prior to the issuance of a Certificate of Occupancy: 1. Applicant shall install an appropriately sized grease trap to prevent grease from entering city sanitary sewer system Environmental: 1 . Please Note: An Asbestos Survey is usually required prior to conducting any demolition or renovations. Please contact Pinellas County Air Quality (464 -4422) for further information. Fire: 1'. Provide detail as to how the exiting works from new building to a public way.PRIOR TO CDB 2. On permit BCP2008 -05503 letter is on file from Mr. Bob Gregg 8/20/2008 that building is going to be sprinklered, show the location of the fire department connection, Fire Department Connection is to be 15' off of the building and show the location of fire hydrant, it shall be within 25'- 50' on the same side of the street. PRIOR TO CDB Harbor Master: 1 . No issues. Legal: 1.. No issues. Land Resources: 1 . A 2006 aerial shows numberous trees on site that have been removed without a permit. Address these removals, apply for an after the fact permit. Replacements or payment in lieu of may be required. Landscaping: Development Review Agenda - Thursday, February 5, 2009 -. Page 4 DRC Action Agmda 1.1 1 . A Comprehensiv, ndscape Program application has been submit. , however, it does not list what deviation from landscaping requirements is requested (see below). The request- should be for the reduction of the foundation landscape area along Mandalay Avenue from five to zero. feet. Responses to the Comprehensive Landscape Program criteria should specifically address HOW the requested deviation complies with the criteria. 2. On Page 2 of the applicant's narrative, landscaping along the south side of the building is discussed, specifically that some of the shrubs (oleanders) will be removed to accommodate a proposed sidewalk. After discussion with Tim Kurtz in Engineering, the narrative also indicates a desire to change out the Indian Hawthorne shrubs for fountain grass and colorful native plants such as Lantana. The City has an easement for the existing shrubs and palm trees (along with irrigation), that the City maintains.. Changing out the landscaping or removing trees will require coordination with the Parks and Recreation Department and may require the owner to assume responsibility for irrigation and maintenance. of the landscaping. Fountain grass creates maintenance issues and Lantana needs to be replaced annually. Other landscape materials may be better suited to a beach environment if the owner desires to replace the existing shrubs. Advise /revise. Parks and Recreation: 1 . Open space impact fees are due prior to issuance of building permit or final plat (if applicable), . whichever occurs first. These fees could be substantial and it is recommended that you contact Debbie Reid at 727 -562 -4818. to calculate the assessment. Stormwater: 1 . The following shall be addressed prior to issuance of the Building Permit: 1. Provide a copy of the approved SWFWMD permit or letter of exemption. 2. Stormwater payment in -lieu in the amount of $16,625 shall be paid before issuance of the building permit. 3. Show on the proposed site plan the roof runoff collection system and how runoff from the existing and proposed buildings is routed to the street, away from the adjacent properties. General note: 1. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Solid Waste: 1 . Will need to use common dumpster on Poinsettia Avenue. Need to set up through Solid Waste. Traffic Engineering: 1 . Prior to a final certificate of occcupancy: Planning: 1) Applicant shall comply with the current Transportation Impact Fee Ordinance and fee schedule. Development Review Agenda Thursday, February 5, 2009 - Page 5 DRC Action Agwda 1.1 1 . 1/13/09 - WW Parking Demand Study, evaluating the adequacy of existing public parking within 1,000 feet of this property, must be submitted for review. This Study needs to justify the requested reduction to off - street parking for this proposal. 1/6/09. -. WW Provide a PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved. 2. Sidewalk coming from rear door on east side of the addition is NOT a required egress (per Jeff Walker - cannot egress through the kitchen), where only a landing/stoop is required. However, the sidewalk from the covered patio to the City's parking lot IS a required egress (per Jeff Walker), which cannot deadend into a parking space where a car will be parked. Revise to provide only a landing/stoop outside the door on the east elevation. Remove the sidewalk presently shown along the east and southern portions of the addition, which would allow the existing shrubs to remain. Need to revise the egress from the covered patio to provide a handicapped accessible path (to the City's parking lot ?), potentially shifting the location of the adjacent parking space to provide the accessible path to the City's parking lot. Plans need to indicate the revisions necessary to provide required egress from the building. 3. Dimension the width of the building on the east elevation. 4. South and East elevations indicate a relocated electrical service to the east side of the addition. Section 3 -911 and the Building Code requires the electric service to be underground, not overhead as indicated. Revise. 5. Building height is measured to the highest part of the flat roof, which is most likely not the top of the parapet. Indicate the revised building height on the elevations, along with the height of the parapet. 6. Rooftop mechanical equipment must be screened from view from the street and adjacent properties. Unclear if the parapet height is of sufficient height for screening purposes. Advise /revise. 7. Revise the address to 431 Mandalay Avenue on the South and East Elevations. 8. Photograph of the front of the building shows the location of attached signage facing Mandalay Avenue. Photograph/elevation of the south side of the building includes a banner that has not received any City approval over the egress door on the south side of the building close to Mandalay Avenue. The Sign Code only permits one attached sign per establishment. Staff is not supportive of any additional attached signage on the side of the building, even through the Comprehensive Sign Program. Alternative signage allowed by Code that should rather be explored is window signage for the south side of the building. 9. Application indicates an increase of the size of the building by 1,704 square feet. Proposed site plan (on the building) indicates 1,705 square feet (1,187 + 518). Site Data table on the site plan indicates 1,801 square feet (4,385 - 2,584). Narrative letter from Bob Gregg indicates addition of 1,801 square feet and a total of 4,380 square feet in the first paragraph and 1,801 and 4,385 in #3. Which numbers are correct? Revise to ensure the same numbers are presented in all locations 10. Response to General Applicability criteria #1 - Need to expound on the proposal's harmony with the surrounding character, discussing the uses of the surrounding area. 11 . Response to General Applicability criteria #2 - Need to discuss the uses of the adjacent properties and the proposal's impact on surrounding property values. 12. Response to General Applicability criteria #4 - Application includes a parking reduction to zero spaces. Need to expound on how the change of use and expansion of the building will not create traffic congestion, such as capturing foot traffic of beach goers, and beach parking generally. 13. Response. to General Applicability criteria #5 - Need to expound on the proposed use in relation to other uses in the vicinity. 14. Response to General Applicability criteria #6 - Need to discuss proposed hours of operation and potential noise issues. Need to discuss trash disposal. 15. Response to Comprehensive Infill Redevelopment Project criteria #1 - Reduction to setbacks have been discussed. Need to discuss the reduction to parking spaces. 16. Response to Comprehensive Infill Redevelopment Project criteria #2 - Provided response does not address the criteria. Include any appropriate references to Beach by Design and the character district this site is located within. Revise. Development Review Agenda - Thursday, February 5, 2009 - Page 6 DRC Anion Agmdo 1.1 Notes:. 17 . Response to Coml: .onsive Infill Redevelopment Project criteria #-. feed to address the proposed restaurant use and its effect regarding substantial detriment on adjacent properties. 18. Response to Comprehensive Infill Redevelopment Project criteria #5 - Need to address the. compatibility of the use and address "a ". 19. Response to Comprehensive Infill Redevelopment Project criteria #6 - Need to address compliance with this criteria and all of "a" - "e" in detail. When discussing "d ", need to discuss how the proposal meets the design elements (not just check the box). 20. Narrative letter submitted by Bob. Gregg - Revise for the following: a. Paragraph 2 - Revise the second sentence from "The increased are is ". to "The increased area is't b. Paragraph 2 - The covered patio is not solely for smoking, but is a dining/drinking area that permits smoking; c. Paragraph 4 - #2 -. Reduction to setbacks start with the higher number. The Code provides a range that the setbacks can be within. These setbacks for restaurants are to be used as a reference regarding the proposed setbacks. This application is being processed as a Comprehensive Infill Redevelopment Project due to the proposed setbacks being outside (lesser than) the ranges listed; d. Paragraph 4 - #3 - Reduction to required setbacks need to be justified based on a Parking Demand Study; and e. Paragraph regarding solid waste. Need to discuss the location of the dumpster and how operationally this establishments waste will be taken care of Other: No Comments Development Review Agenda - Thursday, February 5, 2009 - Page 7 DRC Action Agenda 1.1 Wells, Wayne From: Pryor, Mike Sent: Friday, January 30, 2009 3:02 PM To: Wells, Wayne Subject: RE: Tom. Glenn's absence No change on that.. That is what was discussed and decided. on with the owner of Way Cool.. Thanks and have a great weekend. Mike - - - -- Original. Message---- - From: Wells, Wayne Sent: Friday, January. 30, 2009 1:42 PM To: Pryor, Mike Subject: Tom Glenn's absence ►vie= Yesterday we had a pre -DRC meeting for the DRC meeting on next Thursday (February 5th). The only one of any consequence is FLD2009 -01001 for 431 Mandalay Avenue. We have already approved a FLS application for the same site where we noted as a Finding of Fact "That solid waste removal will be handled through a shared group . dumpster on Poinsettia Avenue (per Solid Waste Department)." I am assuming this will hold true with this application. Let me know if there is any issues. Thanks. Wayne - - - -- Original Message---- - From: Pryor, Mike Sent: Friday, January 30, 2009 8:50 AM To: Wells, Wayne Subject: Tom Glenn's absence Hey Wayne, Just a reminder to send any DRC info, questions, meeting dates, to me while Tom is out.. Haven't heard anything lately so wanted to drop a reminder. Tom is feeling better and his. knee is getting stronger everyday. Thanks, Michael Pryor Supervisor 11 727 - 562 -4921 ext. 7112 cell 727 - 224 -7392 michael .pryor(c)myclearwater.com <mailto: michael .prryor(a)-myclearwater.com> Wells, Wayne From: Tefft, Robert Sent: Thursday, January 29, 2009 1:01 PM To: Rice, Scott Cc: Wells, Wayne; Albee, Rick; Doherty, Steve Subject: RE: FLD2009 -01001 - 431 Mandalay If it's feasible, then I have no objection to it. What I meant by "enforceable" is that if it wasn't feasible for the access to be given on their property, then how would we realistically shut down the restaurant when it no longer meant its required egress. But this would appear to be a non -issue now. - - - -- Original Message---- - From: Rice, Scott Sent: Thursday, January 29, 2009 12:57 PM To: Tefft, Robert Cc: Wells, Wayne; Albee, Rick; Doherty, Steve Subject: RE: FLD2009 -01001 -.431 Mandalay Yes it is feasible, but it would require removal of the City installed landscaping. We would like to keep the landscaping in place as long as possible. If the parking lot is developed, the landscaping would be removed and a sidewalk installed on the applicant's property. Not sure exactly what is meant by enforceable. If it is a condition of the D.O. is it not enforceable? If the City decided to redevelop the property or sale the property for redevelopment, wouldn't the condition be available in the permitting history? Rather than forcing the removal of the landscaping now and losing this enhancement to the City, it would seem that the proposed solution is a win -win. D. Scott Rice, PE Assistant Engineering Director City of Clearwater (727) 562 -4781 - - - -- Original Message---- - From: Tefft, Robert Sent: Thursday, January 29, 2009 11:31 AM To: Rice, Scott; Wells, Wayne Cc: Albee, Rick; Doherty, Steve Subject: RE: FLD2009- 01001 - 431 Mandalay Is it feasible that access can be provided on their property? If so, then. should we not require this now. If not, then what happens when /if the parking lot is redeveloped... does the restaurants approval expire and they have to. close down?. How would this be enforceable? Robert G. Tefft Development Review Manager City of Clearwater Planning Department Phone: (727) 562 -4539 1 Fax: (727) 562 -4865 - - - -- Original Message---- - From: Rice, Scott Sent: Thursday, January 29, 2009 11:27 AM To: Tefft, Robert; Wells, Wayne Cc: Albee, Rick;. Doherty, Steve Subject: FLD2009 -01001 - 431 Mandalay r , s Steve and I spoke with th, ,ity Engineer which resulted in the followin , .s long as the adjacent property is a City parking lot, the proposed building addition can have access through the lot for egress. The location of the exit needs to be coordinated with Engineering so that the existing parking layout is not impacted. (A comment expressing this will be added to our comments.) If the adjacent property were to be redeveloped in the future, the applicant would then need to provide access on their property to a public way (Mandalay) at their expense. This needs to included as a condition to any DO issued for this development. Let me know if you have any questions. D. Scott Rice, PE Assistant Engineering Director City of Clearwater (727) 562 -4781 Property Appraiser General Information: 08/29/15/02592/001 /0030 Card 2 t Interactive Map of this Comparable Sales Back to uei _ New Tax Collector Parcel Listing Results Search Information Page 1 of 4 QuestiondConunent about this parcel 08/29/15/02592/001 /0030 «Building 1 Building 2g Data Current as of January 04, 2009 [9:05. am Tuesday January 6] j.v Nonresidential Property Owner, Address, and Sales Print Retail Store Property t se: 320 BARBOUR- MORROW SUB BLK A, LOTS 3 AND 4 2008 Exemptions Homestead: No Use: 0% Ownership: 0% Tax Exempt: 0% Government: No Institutional: No Agricultural: $0 Historic: $0 2008 Value 2008 Tax Information Comparable Sales Value:: $0 Tax District: CW F.S. 553.844 Just/Market Value: $546,200 Millage: 20.3578 Assessed Value/ SOH Cap: $546,200 Non Ad Valorem Assessments: $.00 History Taxable Value: $546;200 Taxes: $11,119.40 A significant taxable value increase may Taxes without Save - Our -Homes cap: $11,119.40 occur when sold. Click here for details. Taxes without any exemptions: $11,119.40 Owner /Mailing property Address Sale Date Book/Page Price Q V/I Address No Recent Sales RE, COSMO JOHN REVOCABLE TRUST Plat Year Plat Book/Page(s) PULLARA, JOSEPH A 1940 023/045 PULLARA, PETER 431 MANDALAY AVE C/O RE, COSMO JOHN THE 808 S BAYSIDE DR TAMPA FL 33609 -3618 Parcel Information Book/Page: 16378/1218 Land Use: Stores (11) Census Tract: 260.02 hftp: / /www.pcpao.org/general _ nadet.php ?pn= 1529080259200100302 1/6/2009 Property Appraiser General Information: 08/29/15/02592/001 /0030 Card 2 I r Seawall: Land Use Stores " 11 Land Size 50 x 108 Information Frontage: None Unit Value 125.00 Structural Elements Foundation: Spread/Monolithic Footing Floor System: Slab on Grade Exterior Wall: Concrete Block/Stucco Roof Frame: Wood Frame /Truss Roof Cover: Built -up Wood Height Factor: 0 Floor Finish: Carpet Interior Finish: Drywall Party wall: None Structural Frame: Masonry Pillar & Steel Cabinet & Mill: Average Quality: Average .. Heating & Air: Heating & cooling Package Electric: Average p Bath Tile: None Fixtures: 2 Total Units: 0 Year Built: 1952 Effective Age: 20 Other Depreciation: 0 Functional Depreciation: 0 Economic Depreciation: 0 i Page 2 of 4 View: Units Method 5,400.00 S Open plot in New Window View Floor: 1 ;Click here if screen is blank ., http: / /www.pcpao.org/general _ nadet.php ?pn= 1529080259200100302 1/6/2009 Property Appraiser General Information: 08/29/15/02592/001 /0030 Card 2 y Page 3 of 4 Sub Area information Description Building Finished Ft2 Gross Area Ft2 Factor Effective Ft2 Base Area 1,298 1,298 1.00 1,298 Canopy 110 .25 28 Total Building Finished SF: 1,298 Total Gross SF: 1,408 Total Effective SF: 1,326 Nonresidential Extra Features Description Dimensions Value/Unit Units Total NewValue Depreciated Value Year No Extra Features on Record http: / /www.pepao.org/ general_ nadet .php ?pn = 1529080259200100302 1/6/2009 • 4 PROPERTY APPRAISER JIM SMITH, CFA P.O. BOX 1957 CLEARWATER, FLORIDA 33757 -1957 OFFICE PHONE: 727 464 -3207 HEARING IMPAIRED: 727 464 -3370 FAX: 727 464 -3448 Web Site - http: / /www.pcpao.org E -mail - jsmith @pcpao.org RE, COSMO JOHN REVOCABLE TRUST 06 Jan 2009 PULLARA, JOSEPH A 808 S BAYSIDE DR TAMPA FL 33609 3618 08/29/15/02592/001/0030 ►j_. I WAY Al For the purpose of applying for a building permit, the value of the structure(s) on the referenced parcel is $114,700. This value is effective as of the 2008 certified Property Value Roll and does not include the value of any improvements completed after January 1 st of 2008. The value may include extra features and other improvements such as screen porches, patios, fences, pools, fireplaces or docks, etc. It does not reflect a building cost, replacement cost, or any cost value methodology. This information is provided solely for the purpose of satisfying requirements pursuant to Florida Statute 553.844: Windstorm loss mitigation; requirements for roofs and opening protection. It is invalid for any other purpose. Appraiser's Responsibility • By state law, It Is the responslbflity of the Appraiser to locate, Identfiv, and appraise, (at current market value), all property subject to ad valorem taxes, maintain property value roll equity and process allowable exemptions. The Appriser as no urisdidion or responsibility for dlst d budgets, tax rates, special assessments or amount of taxes paid. These matters are handled by the various taxing authorities performing services, such as the County Government, City Governments, School Board, and other taxing districts. 9 - 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 17, 2009, beginning at 1:00 p.m., in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida, to consider the following requests: NOTE: All persons wishing to address an item need to be present at the BEGINNING of the meeting. Those cases that are not contested by the applicant, staff, neighboring property owners, etc. will be placed on a consent agenda and approved by a single vote at the beginning of the meeting. 1. Mary G Realty Inc is requesting Flexible Development approval to permit a change of use from retail sales and services to nightclub within the Tourist (T) District within an existing 6,254 sq ft shopping center with 26 off - street parking spaces and no changes to the building or structure setbacks, as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code Sec. 2- 803.C. Proposed Use: Nightclub at 490 Mandalay Ave., Suites 8 & 9, Lots 57 through 63 inclusive and the North 10.25 feet of Lot 64, Clearwater Beach Park. Assigned Planner: Robert G. Tefft, Development Review Manager. FLD2009 -02005 2. Savoy LLC is requesting Flexible Development approval to permit a nightclub with an accessory sidewalk cafe in the Commercial (C) District within an existing 16,700 square foot shopping center with 100 off - street parking spaces and no changes to the building or structure setbacks, as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code Section 2- 704.C. Proposed Use: Nightclub with an accessory sidewalk cafe at 904 McMullen Booth Rd., The South 193 ft of the North 603 ft of the East 275 ft of the NW '/4 of the SW '/4 of Sec. 9. Township 29 South, Range 16 East, Pinellas County, Florida LESS and EXCEPT the East 157.5 feet thereof and LESS and EXCEPT the existing right -of -way as shown on the McMullen Booth Rd. Maintained Right -of -Way Map as recorded in Road Plat Book B. Page 61 Public Records of Pinellas County, Florida. The South 400 ft of the North 410 ft of the East 275 ft of the NW '/4 of the SW '/4 of Sec 9, Township 29 South, Range 16 East, LESS and EXCEPT the East 157.5 feet thereof and also LESS existing right -of -way as shown on the McMullen -Booth Rd Maintained Right -Of -Way Map as recorded in Road Plat Book B, Page 61, Public Records of Pinellas County Florida, LESS right -of -way per O.R. 3461, pages 791 & 792, Public Records of Pinellas County Florida. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2009 -02008 3. Cosmo John Re, Revocable Trust, Joseph A Pullara, Peter Pullara, c/o John Cosmo Re, Tre are requesting Flexible Development approval to permit a restaurant with an accessory sidewalk cafe in the Tourist (T) District with a lot area of 5,400 sq ft, a lot width of 50 ft, a front (west) setback of zero ft (to existing building), a side (north) setback of zero ft (to existing /proposed building), a side (south) setback of 5.4 ft (to proposed building) and zero ft (to existing sidewalk), a rear (east) setback of 2.25 ft (to proposed building) and zero ft (to proposed sidewalk), a building height of 14.67 ft (to flat roof) and zero parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code (CDC) Sec. 2- 803.C; and a reduction to the foundation landscaping along Mandalay Ave. from 5 to zero ft, as a Comprehensive Landscape Program, under the provisions of CDC Sec. 3- 1202.G. Proposed Use: Restaurant with an accessory sidewalk cafe at 431 Mandalay Ave., Lots 3 & 4, Blk A, Barbour - Morrow Sub. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2009- 01001 Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need to request 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 Sec 4 -206 states that party status shall be granted by the Board in quasi-judicial cases if the person requesting such status 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, and needs to be requested and obtained during the case discussion before the CDB. An oath will be administered swearing in all persons giving testimony in quasi-judicial public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons without party status 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 the case presenter, at 562 -4567 to discuss any questions or concerns about the project and/or to better understand the proposal and review the site plan. Michael Delk Cynthia E. Goudeau, MMC Planning Director City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758 -4748 NOTE: Applicant or representative must be present at the hearing. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS AND LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562 -4093 WITH THEIR REQUEST. To learn more about presenting to Clearwater boards and City Council, go to http:// clearwater .granicus.comNiewPublisher.php ?view id =11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. Ad: 03/05/09 Fl ^2001 01001: 282 \)1 d ABRAHAM, DAVID AGAMI, DAVID 11 SAN MARCO ST # 502 ROMANO, IVETTE NANCY CLEARWATER FL 33767 - 2060 11 SAN MARCO # 1502 CLEARWATER FL 33767 - 2075 AJAY ENDEAVORS INC 12190 CORTEZ BLVD BROOKSVILLE FL 34613 - ALARAKHIA, NASIR ALARAKHIA, DANA 5201 TIMBERVIEW TER ORLANDO FL 32819 - 3924 ALONSO, SHARON T FAMILY TRUST ALVAREZ, MANNY D ALONSO, ARMANDO FAMILY TRUST MASSARO, JOHN ANTHONY 36007 LAKE UNITY NURSERY RD 8567 SAN FERNANDO WAY FRUITLAND PARK FL 34731 - 5816 DALLAS TX 75218 - 4306 ANGELOCCI, RANDY F ANGELOCCI, DEMAREE H 2885 KENSINGTON TRCE TARPON SPRINGS FL 34688 - 8421 AXEL, JONATHAN P THE AXEL, CORAL S THE 11 SAN MARCO ST APT 903 CLEARWATER FL 33767- 2062 BARYLAK, EDWARD J BARYLAK, CHRYSTINA 3132 BRANCH RIVER RD MANITOWOC WI 54220 - 8717 BECKERS, HILMER H BECKERS, ANNE -MARIE 11 BAYMONT ST # 907 CLEARWATER FL 33767 - BRENDEL, ALBERT E BRENDEL, LOIS F 1180 GULF BLVD # 1201 CLEARWATER FL 33767 - 2765 BUTLER, BART MUNGER, CRAIG 3951 VERSAILLES DR TAMPA FL 33634 - 7492 AUGUSTINE, RICHARD J SR 999 PLAZA DR STE 111 SCHAUMBURG IL 60173 - B J E INC 630 S GULFVIEW BLVD CLEARWATER FL 33767 - 2642 BAUER, CHARLES L BAUER, JANET W 11 SAN MARCO ST # 1005 CLEARWATER FL 33767 - 2062 BESSADA, ASHRAF R ABADIR, NEVINE 10 PAPAYA ST # 403 CLEARWATER FL 33767 AJAY ENDEAVORS INC 12190 CONTEL BLVD BROOKVILLE FL 34613 - ALIDINA, ARIF ALIDINA, NOORA 10 PAPAYA ST # 501 CLEARWATER FL 33767 - ANDERSEN, LARRY E 102 DICKINSON ST PHILADELPHIA PA 19147 - 6108 AUGUSTINE, RICHARD J 10 PAPAYA ST #506 CLEARWATER FL 33767 - 2040 BARRETT, WILLIAM T BARRETT, SHEILA M 11 SAN MARCO ST # 306 CLEARWATER FL 33767 - 2060 BAYER, DAVID L BAYER, PAMELA R 710 DUNSCORE CT ROSW ELL GA 30075 - 6812 BIENSTOCK, JOSEPH S BIENSTOCK, PHYLLIS 10 PAPAYA ST # 701 -2040 CLEARWATER FL 33767 - 2054 BROMBOZ, JONATHAN J & VICKI ME 2701 PARK DR CLEARWATER FL 33763 - CARACO,JOSEPH IOCOLANO, FRANCO 800 S KEENE RD CLEARWATER FL 33756 - 4630 BROWN, SHERMAN D BROWN, ANDREA D 11 SAN MARCO ST # 705 CLEARWATER FL 33767 - 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3728 WASHINKO, SHAWN G WATERFRONT BAYSIDE ESTATES II WELLS, DARCY L 4331 SPINNAKER COVE LN 1833 KEENE RD N NALEY, STEVE W TAMPA FL 33615 - CLEARWATER FL 33755 - 2314 705 BAY ESPLANADE AVE CLEARWATER FL 33767 - 1409 WHITAKER, WILLIAM M WHITE, ANN M MANAGEMENT WHITAKER, MAUREEN TRUST 1513 WYNNEMOOR WAY 210 E 2ND AVE FORT WASHINGTON PA 19034 - 2830 ROME GA 30161 - 1706 YOFAN, ABRAHAM 11 SAN MARCO # 606 CLEARWATER FL 33767 - 2061 YOFAN, AVI 11 SAN MARCO ST # 601 CLEARWATER FL 33767 - 2060 WINNER, MARLEE A 395 MANDALAY AVE CLEARWATER FL 33767 - 2010 YOFAN, AVI YO FAN, BETTY JEAN 11 SAN MARCO ST # 1202 CLEARWATER FL 33767 - ZAKHARY, ATEF S ZILISCH, BARBARA L THE ZONA, JAMES E 11 SAN MARCO ST # 603 11 SAN MARCO ST # 708 ZONA, SUSAN J CLEARWATER FL 33767 - 2060 CLEARWATER FL 33767 - 2061 217 FAIRVIEW RD PITTSBURGH PA 15238 - Mon Mar 16 15:32:50 2009 727462539!1 P. 2 ristorante & bear March 16, 2009 Mr. Michael Delk, Planning Director City of Clearwater Dear Mr. Delk: We are located at 435 Mandalay Avenue and oppose the proposed application requesting flexible development for the adjacent property located at 431 Mandalay Avenue. We have owned and operated a restaurant at this location for over 10 years and at 411 Mandalay Avenue for 28 years. As business owners and homeowners on Clearwater Beach, we are concerned that the property located at 431 Mandalay Avenue in its current state is unfit to be a full service restaurant and should adhere to current code requirements if it wishes to change the current use of the property. Adhering to current code requirements increases the likelihood that the property will be an attractive location and contributor to the local community and economy rather than an eyesore and detriment that compromises quality of life for citizens and visitors of Clearwater Beach. As you well know, a change from a retail gift store to a full service restaurant requires several basic necessities this property currently lacks. For instance, this property currently does not have a dumpster. In the past, it used the hash receptacle located on the sidewalk, which was often over -filled and resulted in hash on the street As a responsible city, we should take steps to improve the current "Dumpsterville" condition rather than steps to worsen it. In addition, we are concerned about inadequate parking at this location If this was an existing restaurant location we could understand that certain conditions would get "grandfathered -in" However, because this is a new proposed rue, it should adhere to current code requirements with respect to parking, set backs and other health and safety issues. Our failure to exercise better judgment in planning in the past is evident with beach streets lined with offensive smelling dumpsters rather than properly maintained and enclosed, inadequate on street parking to help meet a fluctuating demand, an over supply of condos and town homes that sit empty and an abundance of dilapidated beach homes filled with overgrown weeds for sale by mooncemed owners. Now and in the future, we must exercise better judgment in our decision making and learn from past experiences to help promote the quality of life of our residents and businesses as well as improving our ability to attract visitors. Sincerely, w, Paul Forhni 435 Mandalay Avenue • Clearwater Beach, FL 343767 727445.1155 • 727462.5390 fax Email paul@forlinis.com • www.forlinis.com MaR 16 PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER Cynthia E. Goudeau, MMC, City Clerk City of Clearwater PO Box 4748 Clearwater, Fla. 33758 -4748 Peter T. Manikas 11 baymont St #609 Clearwater, Fla. 33767 3/12/09 ORIGINAL RECEIVED FEAR 1 " 2069 PLANNING DEPARTMENT CITY OF CLEARWATER Re:Community Development Board of Clearwater, Fla. 3/17/09 _ FLD 2009 -01001 w%% %�f�� j¢W j/ DI(��'E /1DN� �J OW FLD 2009 -02005 .j, �,��2 u�v��l2 S i� Dear Cynthia: ;)/ % lot --1, bcA}% /oN RO ",/'q Please relay to the board that we would like to register our objection to the requests being considered, captioned above. We purchased our condo unit several years ago, and a major part of our decision to purchase at Sandpearl was the surrounding area, with its shops,accessibility to the beach, moderate traffic, and of course the reputation of JMC and this beautiful edifice they constructed. We realized that during the peak season with the tourists coming to this beautiful area, that the traffic would increase,the restaurant below us ( we face east onto Mandalay ) would be busier etc,. We currently have the issue of the exhaust fans blowing up to our balcony the smell of fried cooking, some noise, but we expected that was a possibility. We are concerned that with a nightclub, sidewalk cafe would exacerbate the issue. The smell of fried food smell plus stale beer blowing up to us would be too much. Add to this added traffic, noise from late night revelers, the combination would not be pleasant. We are also concerned that this situation would undoubtedly have a negative effect on our large investment. So, please convey to the board our objection to the requests. Sinc- e`rely, `- Constanc Manikas G Peer Manikas 4 Cynthia E. Goudeau, MMC, City Clerk City of Clearwater PO Box 4748 Clearwater, Fla. 33758 -4748 Peter T. Manikas 11 baymont St #609 Clearwater, Fla. 33767 3/12/09 „r3 �.�... _ .i 2Li. Re:Community Development Board of Clearwater, Fla. 3/17/09 FLD 2009 -01001 FLD 2009 -02005 Dear Cynthia: Please relay to the board that we would like to register our objection to the requests being considered, captioned above. We purchased our condo unit several years ago, and a major part of our decision to purchase at Sandpearl was the surrounding area, with its shops,accessibility to the beach, moderate traffic, and of course the reputation of JMC and this beautiful edifice they constructed. We realized that during the peak season with the tourists coming to this beautiful area, that the traffic would increase,the restaurant below us ( we face east onto Mandalay ) would be busier etc,. We currently have the issue of the exhaust fans blowing up to our balcony the smell of fried cooking, some noise, but we expected that was a possibility. We are concerned that with a nightclub, sidewalk cafe would exacerbate the issue. The smell of fried food smell plus stale beer blowing up to us would be too much. Add to this added traffic, noise from late night revelers, the combination would not be pleasant. We are also concerned that this situation would undoubtedly have a negative effect on our large investment. So, please convey to the board our objection to the requests. Sincerely, t- 6 04�0' L) w K) Constanc Manikas U 4Peer Manikas Wells, Wayne From: Sprague, Nicole Sent: Monday, March 16, 2009 1:14 PM To: Tefft, Robert; Wells, Wayne; Watkins, Sherry Subject: Ltr. of Objection for FLD2009 -02005 & FLD2009 -01001 Attached is a letter of objection regarding the above referenced cases received today in the ORLS office. Thanks. FLD2009 -0100 = LD2009 -0200° Nicole. Sprague City Clerk Specialist Office of Official. Records & Legislative Services 562 -4097 PATRICIA & EDWARD THWAITE 10 SAN MARCO, #407 CLEARWATER BEACH, FL 33767 (973) 956 -7071 • fax (973) 956 -1025 EWT@EThwaite.com March 9, 2009 Michael Delk Planning Director City of Clearwater P.O. Box 4748 Clearwater, FL 33758 -4748 Dear Mr. Delk: Having a unit at Mandalay Beach Club has been one of our pleasures in life since we retired. However, if one of the proposals in front of your board on March 17, 2009 goes through — it will ruin everything. WE ARGUE FOR A VOTE AGAINST A NIGHT CLUB AT 490 MANDALAY AVENUE Tv permit a n1g]1LU .ib in ihiS area Vliiii IIGVe a deVdSlatlfl(� elle(:t Ufl the entire neighborhood, and those of us that live near by. The noise, traffic problems, lack of parking, and the expected police visits will make this a terrible situation. Just LOOK what happens when Shepard's is open until 2 or 3 am. A mess. And what about the Kelly's Beach Bar — but only 10 times worse. Please vote against it!!! WE ARE NEUTRAL ON THE RESTAURANT /CAFE AT 431 MANDALAY AVENUE We trust your judgment on this. Just please make sure there will not be bands outside, and that it will be a positive addition to the beach — not just a taxable. If done correctly, it will be a positive attribute for the beach. Thank you for your consideration. Sincerely, ,-t , MAR 1 2 2009 PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER �sn itsPwSO JO FGOZ0°9 -otool �DY1 of ►�j o ✓l 4 74 P P ,,o u a-*"— -7/,3' ( Z JF9_ F71 , I O I I , I ® I I I , I I , I I I ' , � I I ' I I ' . I I ' I , I , I I a°� HANDCAPED ACCESSIBLE , U --- - - - -- -- -------------------- 0 - - - - - -- 7 BRICK PAVER WALKWAY 0 TYPICAL PALM TREE 2� i�_ �Al i ••.• /� �lT':L q1 Project: Issub /2D2/ 2 TUCANS Address. Scale: — *Y 431 MANDALAY AVENUE 1" CLEARWATER BEACH, FL � Drawn By: '630 Chestnut Street SM Clearwater, Fl 33756 ® COPYRIGHT2010 Project No. Tel: (727) 796 -8774 F DRAWING IS THE PROPERTY OF DESIGN R. LLC. UNDER NO CIRCUMSTANCE Y THI$ DRAWING BE REPRODUCED. PUSUSHED, ALTERED OR USED M ANY N/A Fax: (727) 791 -6942 WAY WITH OUT WRITTEN AUTHORIZATION FROM DESIGNiT ,LLC. 4 i PLANNING DEPARTMENT CITY OF CLEARWATER 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 -4865 March 18, 2009 Robert Gregg 630 Chestnut Street Clearwater, FL 33756 RE: Development Order - Case FLD2009 -01001 431 Mandalay Avenue Dear Mr. Gregg: This letter constitutes a Development Order pursuant to Section 4- 206.D.6 of the Community Development Code. On March 17, 2009, the Community Development Board reviewed your request for Flexible Development approval to permit a restaurant with an accessory sidewalk caf6 in the Tourist (T) District with a lot area of 5,400 square feet, a lot width of 50 feet, a front (west) setback of zero feet (to existing building), a side (north) setback of zero feet (to existing/proposed building), a side (south) setback of 5.4 feet (to proposed building) and zero feet (to existing sidewalk), a rear (east) setback of 2.25 feet (to proposed building) and zero feet (to proposed sidewalk), a building height of 14.67 feet (to flat roof) and zero parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code (CDC) Section 2- 803.C; and a reduction to the foundation landscaping along Mandalay Avenue from five to zero feet, as a Comprehensive Landscape Program, under the provisions of CDC Section 3- 1202.G. The Community Development Board (CDB) APPROVED the application with the following Findings of Fact, Conclusions of Law and Conditions of Approval: Findings of Fact: 1. The 0.12 acres is located on the east side of Mandalay Avenue, approximately 50 feet south of Papaya Street; 2. The subject property is located within the Retail and Restaurant Character District of Beach by Design; 3. The site, until recently, has operated as a retail sales and services establishment; 4. On July 25, 2008, a Development Order with four conditions of approval was issued for Case No. FLS2008 -07016 to convert the existing building from retail sales and services to a restaurant. Building Permit No. BCP2008 -05503 was issued August 21, 2008, to convert the existing building from retail sales and services to a restaurant; 5. A Unity of Title tying the lots included in this parcel's legal description was recorded in OR Book 16323, Page 2372; 6. City parking lot #34, with 24 metered parking spaces, is adjacent to the south of the subject parcel; 7. The surrounding neighborhood is a tourist area comprised of hotels /motels, retail sales establishments and restaurants; T ■«. iiC...... C ... ....... .._ ..... A..... ...... -.- A ...... C..------- i1 4� March 18, 2009 Gregg — Page 2 8. The proposal is to permit a sports- themed restaurant at this location through conversion of the existing retail sales building and the construction of an approximate 1,800 square -foot addition to the east side of the existing 2,584 square -foot building; 9. The design of the proposed addition will appear as an extension of the existing building with a similar height and similar exterior material and color; 10. The proposal includes front, side and rear setback reductions to recognize the location of the existing building at less than the required setbacks, but also to provide for the proposed building addition with similar setbacks; 11. The application includes the reduction from five to zero feet of the required foundation landscape area along the front of the building, which is not possible to install due to the existing building's location at a zero front setback; 12. Due to the location of the existing building and the size and configuration of the subject property, this site has not previously been provided with any on -site parking; 13. The proposal includes a reduction to required parking for a restaurant from 66 spaces (based on 15 spaces per 1,000 square feet) to zero spaces; 14. The submitted Parking Demand Study demonstrates that adequate parking is available within a reasonable walking distance of this property to support the requested reduction to on -site parking; and 15. There are no current outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. That the development proposal is consistent with the Standards as per Tables 2 -801.1 and 2 -803 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2 -803.0 of the Cnmmi nihi TIPuPInnmPnt Crvb • anti 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3 -913.A of the Community Development Code. Conditions of Approval: 1. That the final design and color of the restaurant building be consistent with the elevations approved by the CDB; 2. That, prior to the issuance of a building permit, an agreement acceptable to the Engineering Department be recorded in the public records indicating the applicant will provide alternative access to the public sidewalk on Mandalay Avenue from the secondary building exit should the City or successor in title to ownership of the City -owned parking lot change the use of the parking lot thereby blocking access to the public sidewalk. Such agreement shall further make clear the applicant agrees to pay all costs associated with restoring access to the public sidewalk and meet all applicable accessibility Code requirements; 3. That, prior to the issuance of a building permit, screening requirements for rooftop mechanical units be approved by the Planning Department; 4. That, prior to the issuance of a building permit, the applicant coordinate the removal of shrubs and trees and existing irrigation with the Parks and Recreation Department to construct the paver sidewalk along the south side of the sidewalk cafe, which may require the applicant to assume maintenance of the landscaping and/or irrigation; 5. That, prior to the issuance of a building permit, an after - the -fact permit be obtained for trees removed from the rear area of the subject property, providing either tree replacements or payment in lieu, as approved by the City's Land Resource Specialist; and f March 18, 2009 Gregg — Page 3 6. That, prior to the issuance of a building permit, all requirements of General Engineering, Stormwater Engineering and the Land Resource Specialist be addressed. Pursuant to Section 4 -407, an application for a building permit shall be made within one year of Flexible Development approval (March 17, 2010). All required certificates of occupancy shall be obtained within two years of the date of issuance of the initial building permit. The building permit must be obtained within six months of the initial permit application (Note: Since you have already submitted building plans for this project under BCP2008- 11298, this six month time frame will start with the CDB approval date . This timeframe to obtain the initial building permit may be extended for an additional six months for cause by the Community Development Coordinator. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for the Flexible Development approval 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 -5023 by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. 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 March 31, 2009 (14 days from the date of the CDB meeting). Tf vniii bayP anv niiectinnc n1PaQP do nn4 k cit tP to call WaimP A4 VVallg Plannar M at 727- G62 =AGOA - 11 , t,..,...,, a ... , , r .- You can access zoning information for parcels within the City through our website: ,w�,.,.myclearwater.com/gov/depts/plannin a. Sincerely, i C Planning irector S. IPlanning DepartmentIC D BIFLEX (FLD)Ilnactive or Finished ApplicationsWandalay 0431 Way Cool Grill (7) 2009.03 - Approved - WWWandalay 431 Development Order 3.18.09.doc R 1= Z w W D- Z Z W Q> W ' U W \Q F - mv m�a) a. m� J << 0 Q QpU Z < '0 v Q N I TRASH CL PLAN - O p j O 0 METAL O O -m W W O O N O. o O BLOCK CORNER � FD N &D LB #5776 O O, W LV O O "q- 'r-------------------- o 0 Z FD N &D NO ID N WM m WM RAISED CONCRETE CO S90000'00 "E 108.20' (P) $89056'30 "E 108.58' (M) 2 STORY COMMERCIAL BLDG P/ UTILITIES EXISTING 1 STORY COMMERCIAL 431 MANDALAY AVENUE LOT 2 39.3' NEW 1 STORY ADDITION 1,187 SQ. FT. LOT 42 BLDG 016'N FD% "IP NO IIi, CLF & - - - ---- -- � -0.81' PP 0.50' W. .12' VW'ALK4N .1, .ER/ P/ FREEZER 3E 50. FT. 2`- GW O �- 2.25' a O C' V' HE 3 LOT 41 O O 1 STORY O'. COMMERCIAL zO V COVERED PATIO Lu �� o 518 SO. FT. z O PLANTE j.!!E' 6' CLF F & h 6' IRON GATE 1.46' 39.3' 5•'Q2 0.97'W. FD CONC WALK LLLLLLL�L�� RLLLLLLL LC�a �LLLLLLILI PAVERS LIII`.�L m n o 40.00' CROWS FOOT vi 'a. EX BRICK PAVER KWAY 12.24' M ' .�`' .iJi J /._L -� P dig L ____________________________--___---- ^� PARKING 2)PARKING PLA ERA FD N &D `" METER METER 1 LB #7243 SIGN I'- #, .PU��4 CONC CURBING ® L BRICK ASPHALT PARKING RICK PAVEMENT LOT 5 - LOT 40 N90o00'00 "W 108.20' (P) N90o00'00 "W 108.09' (M) PROPOSED SITE PLAN SCALE: 1"=20'-9' EX. SITE LANDSCAPING SCALE: 1 "= 10' -0" . i SITE DATA EXISTING REQUIRED PROPOSED ZONING: T T LAND USE (CG): RETAIL 2 / 2 = 0 RESTAURANT LOT AREA: 5,400 SF (0.12 AC) 5,000 - 10,000 SF 5,400 SF (0.12 Ac) LOT WIDTH: 50' MIN. 100' 50' LOT DEPTH: 108' Land Use: 108' BUILDING FOOTPRINT 2,584 Sf 4,385 Sf. (F.A.R.) 47.8 % 105% 81.2 % (FRONT) 0' 0' - 15' 0' SETBACKS (ft.) FLEX DEVELOPMENT (SIDES) N/S 0.4' / 5.5' 0' - 10' 0.8' / 5.47' STANDARD TABLE 2.803 (REAR) 46.67' 10' - 20' VARIES: 2.25' - 5.02' BUILDING HEIGHT (ft.) 16' -0" 25' - 100' 16' -0" PAVED V.U.A. (If.) 0 0 SIDEWALK AREA (sf.) 453 Sf 4,50 Sf. IMPERVIOUS AREA (RATIO) (Sf.) 3,079 Sf (57 %) 95 % 4,862 Sf. ( 90 % ) PERVIOUS AREA (sf.) 2,321 Sf (437) 538 Sf. ( 10 % ) INTERIOR LANDSCAPING (% OF PAVED V.U.A.) 0 0 0 PARKING SPACES 0 7 - 15 SPACES / 1000 31 - 66 0 630 Chestnut Street Clearwater, FL 33756 Tel: (727) 796 -8774 Fax: (727) 791 -6942 EX. LANDSCAPING LEGEND KEY JEXISIING REMOVED = TOTAL COMMON NAME TREES 17 / 0 = 17 WASHINGTONIANS 0 2 / 2 = 0 CARROT WOOD SHRUBS `\ 28 / 0 = 28 INDIAN HAWTHORN 1" = 20' -0" 8 / 8 = 0 OLEANDER SITE PLAN APPROVED CASE # F%,P 2-vv 9 - 010.0 1 CASE TYPE DRC DATE CDB DATE SIGNATURE DATE 3. R 10 9 ORIGINAL RECEIVED FEB 1 ' 2009 PLANNING DEPARTMENT CPT OF CLEARWATER �l .� O N& Zoning: Address: Issue Date: 431 Mandalay Ave Clearwater Beach, FL 12/19/2008 Acreage: Scale: 33767 Parcel ID No. 1" = 20' -0" Municipality: Drawn By: Clearwater ECS Land Use: ® COPYRIGHT 20D8 H I S D R A W I N G IS THE PROPERTY OF DESIGN IT. L L C. NOER NO CIRCUMSTANCE MAT THIS OP.AWING BE REPRODUCED. UBLISHED. ALTERED OR USED IN ANY WAY WITHOUT WRITTEN JAU T H O R I I A t 1 0 N F R O M D E S I G N ' i L L C Project NO. Ww rn M a v ¢ m M N O ib Z H z W �ww Q w °xtr� W U O U N I I I Iz a I I LEGEND: I TRASH PLAN 00 (� D O METAL I O Lr) o °� 2 mrn o O o\Q zz bUuI "1-k IKy 41-5 UIKV11IY M wM D4 WM RA15ED CONCRETE CONC} e PAD co I STORY F COMMERCIAL m M 431 MANDAIAY AVENUE 6 FD y CONC WALK• FD 40.00' CROWS FOOT ' CONC CONCRETE N - LQ � BLOCK CORNER I'D NCD I LB #5776 EM ELECTRIC METER ❑ EB IRON ROD OHE SIGN Q PLANTER 'W CONC CURBING WM WATER METER W � PIP PINCHED IRON PIPE CS CHAIN LINK FENCE LB LICENSED BUSINESS ;:_4� POWER POLE -=- YELLOW CAP o S90 000'00 "E 108.20' (P) S89 056'30 "E 108.58'(M) I NO ID 2 5TORY LOT 2 LOT 42 COMMERCIAL TENCH BLDG a B LDG VIM M I 5TAIR5 _ IES COVERED UTILIT 0.45'N., O 0.16' N. I FD %z" IP NO ID ' L93' NCH 1,gp• -- 4* 6'CLfC _ 0.55'5. 57.24' POND PP, 0.50' W. 49.19' M wM D4 WM RA15ED CONCRETE CONC} e PAD co I STORY F COMMERCIAL m M 431 MANDAIAY AVENUE (P) 6 FD y CONC WALK• FD 40.00' CROWS FOOT ' CONC CONCRETE 12.24' WITH EM ELECTRIC METER ❑ EB IRON ROD OHE SIGN Q PLANTER 'W CONC CURBING (P) PLAT (M) MEASURED FD POUND CONC CONCRETE W/ WITH EM ELECTRIC METER IR IRON ROD OHE OVERHEAD ELECTRIC ID IDENTIFICATION WM WATER METER IP IRON PIPE PIP PINCHED IRON PIPE CLF CHAIN LINK FENCE LB LICENSED BUSINESS PP POWER POLE YC YELLOW CAP Q SANITARY MANHOLE O DENOTES A NAIL & DISK (FD) DENOTES A IA" IRON ROD & CAP CENTERLINE (W � AIR CONDITIONER PARKING PLANTER. (2)PARKING METER METER SURVEYOR'S NOTES: 1. THIS IS A BOUNDARY SURVEY. 1 BASIS OF BEARING: THE SOUTH BOUNDARY LINE OF LOT 4, BLOCK A, BEARING: N90 °00'00 "W, ACCORDING TO THE PLAT THEREOF. 3. NO UNDERGROUND UTILITIES, UNDERGROUND ENCROACHMENTS OR BUILDING FOUNDATIONS WERE MEASURED OR LOCATED AS PART OF THIS SURVEY, UNLESS OTHERWISE NOTED. 4. NO IMPROVEMENTS OTHER THAN THOSE SHOWN HEREON HAVE BEEN LOCATED. 5. THIS SURVEY DOES NOT REFLECT OR DETERMINE OWNERSHIP. 6. ATTENTION IS DIRECTED TO THE FACT THAT THIS SURVEY MAY HAVE BEEN REDUCED OR ENLARGED IN SIZE DUE TO REPRODUCTION. THIS SHOULD BE TAKEN INTO CONSIDERATION WHEN OBTAINING SCALED DATA. 7. VERTICAL FEATURE ACCURACY: A) ALL NATURAL GROUND ELEVATIONS AND /OR CONTOURS SHOWN HEREON HAVE BEEN MEASURED TO AN ESTIMATED VERTICAL POSITIONAL ACCURACY OF 0.10' ±. B) CONCRETE, ASPHALT, PLASTIC, WOOD & METAL ELEVATIONS SHOWN HEREON HAVE BEEN MEASURED TO AN ESTIMATED VERTICAL POSITIONAL ACCURACY OF 0.02' ±. S. HORIZONTAL FEATURE ACCURACY: A) PROPERTY CORNERS, BUILDING CORNERS AND ALL PERMANENT CONTROL POINTS SHOWN HEREON HAVE BEEN MEASURED TO AN ESTIMATED HORIZONTAL POSITIONAL ACCURACY OF 0.021±. B) ROADWAYS, UTILITIES, TREES AND BODIES OF WATER SHOWN HEREON HAVE BEEN MEASURED TO AN ESTIMATED HORIZONTAL POSITIONAL ACCURACY OF 010' ±. LOT BLOCK A RA15ED -AC PADS -- - -_ - -_ 3.4'X 4.8' CONC PAD LOT 4 BLOCK A 6' PVC 4.55' N. OnE 1.27'W. 44.08• CONC a WALK GW o° ,n � cp� 3 3 LOT 41 1 STORY c- COMMERCIAL c7 o o 6' CU` C Cn IRON GATE ` � I PP PLANTER FD NCO LB #7243 LP O BRICK A5PHALT PARKING LOT 5 LOT 40 N90 000'00 "W 108.20'(P) N90 000'00 "W 108.09'(M) 9433 Balm Riverview Rd Riverview, Plorlda. 33579 SURVEYORS Phone: 813.741.1555 Fax: 8 13.741 .1553 LB # 7243 W -'-E 1 S (IN FEET - 1 inch =20 ft. LEGAL DESCRIPTION: n"a 0 Z m rrl 0 nn m0 m fl IV m CD LOTS 3 & 4, BLOCK A, BARBOUR- MORROW SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 45, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PER THE FEDERAL INSURANCE ADMINISTRATION FLOOD INSURANCE RATE MAP, COMMUNITY NUMBER 125096, PANEL 0102 G. SUBJECT PROPERTY IS LOCATED IN ZONE "AE ", WITH A BASE FLOOD ELEVATION OF 11.00 FEET, AS REFERENCED TO THE FIRM (FLOOD INSURANCE RATE MAP) MAP, PINELLAS COUNTY, FLORIDA. SEPTEMBER 3, 2003. CERTIFICATIONS: ABDEL GAWA TH15 SURVEY 15 NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RA15ED SEAL OP A PLORIDA UCEN5ED 5URVEYOR AND MAPPER. - - - 3 A BOUNDARY SURVEY OF LOT'S 3 & 4, BLOCK A, BARBOUR- MORROW SUBDIVISION - PINELLAS COUNTY F ORIDA 5URVEYOR5 PEG15TPATION NO. G312 0 o JOB NUMBER REVISIONS SECTION TOWNSHIP RANGE SCALE FIELD DATE DRAWN BY FILE NAME SHEET 08025 - - - 8 29S 15 E 1 "= 20' 04/07/08 ��rP,I ry, 08025 LOT 3-4 BLK A 1 OF 1 J � o I. PROPOSED EXISTING ORIGINAL ADDITION BUILDING RECEIVED FEB 13 2000 n n n ° c c c c PLANNING DEPARTME T CRY Of CLEARWATE u� C' /% 0 &7% n n nom/ ° r* J u u u n n n n u _ u u u n -Pr u n C J#m IL El n Q Q I — — _ -_ iX b _ - IB 36 IB 36 IB l—J �xd '17t. x36 1 _ _ iilllll!Illlglli - _ 8X36. z!is'o IIIILIIIII !ile'zeollllll, II !18'Xhgl!Iiq II II I II III!IIU!i!1 N::IIIIIII'! I ! Illi 1!il..! "nllll! !iI IIII'.; mun'•III ;! ® � II I I I I aa" ! Tama I Ij II I I I I -_ % ❑ II I — _ =i !I!iazeollllll I �® I) I� PROPOSED EXISTING ADDITION BUILDING FLOOR PLAN SCALE: 1 /8" = 1' -0" Zoning: Address: Issue Date: 433 Mandalay Ave 1 /12/2009 Acreage: Clearwater Beach, FL Scale: 33767 Parcel ID No. 1/8 - V-0" Municipality: Drawn By: 630 Chestnut Street Clearwater ECS Clearwater, FL 33756 Land Use: ©cOPYRIGHTM Project No. Tel: (727) 796 -8774 HIS DRAWING IS THE PROPERTY OR DESIGN iT. LLC. IN NO CIRCU MSiANCE MAY THIS DRAWINGBF REPRODUCED. Fax: (727) 791 -6942 UBI $SHED. ALTERED OR USED IN ANY WAY WITHOUT WRITTEN U i N O R 1 Z A i I O N F R O M D E S 1 0 N I I L C PROPOSED EXISTING ADDITION 7 BUILDING I II F1 L_J 6. .. .. .. .. PROPOSED EXISTING ® ADDITION BUILDING ROOF PLAN SCALE: 1 /8" = 1' -0'1 630 Chestnut Street Clearwater, FL 337,136 Tel: (727) 796 -8774 Fax: (727) 791 -6942 ORIGINAL RK -1FRIEr, FEB 13 2000 PLANNING DEPARTMENT CITY OF CLEARWATER Zoning: : 1 .204 DOWNSPOUT Issue Date: 433 Mandalay Ave Clearwater Beach, FL Acreage: "..� �.CONDENSOP: ' 33767 Parcel ID No. '�. DRAMS TO ROOF Municipality: Clearwater : a Land User ®COPYRIGHT 2008 H I S D R A W I N G 1 5 T H E P R O P E R T Y O f D E S I G N 1 T, LLC . NDER NO CIRCUMSTANCE MAx THIS DRAWING BE REPRODUCED. UB LISHED, ALTERED OR USED IN ANY WAY WITHOUT WRITTEN iA U T H O R 1 1 A i 1 0 N F R O M D E S I G N L L C . •. ., '• DRAINAGE GUTTER � = MIN!-SPAT SYSTEM .. ,. .. .ROOF MOUNTED' ' .. .. �. .:. ... .. ..:. .' � ' .. .. .. - �. '. .. CONDENSERS . -PRE ANUF. ROOF ' M tl RACKS :. .. .. ... SLOPE: � X STING � .. E .. O SLOPE p. CU. 1 6 Pk� .. ICE MACHINE '..:. O " GAS WATER HEATER CONCENTRIC." CONDEC150R UNR - '" VANT KIT. MAINTAIN-TO'MIN. FROM.. :.. •' .(BY OTHERS) '. CA INTAKE IOFfSET.AS REOD) . 12' % 18'. ROOF SNORKLE. V.T.R. TO HAVE ALUM R F VENT FLASHING PIPE TO BE ITTED. RTU WRH METAL.CAP B BIRD REEN . MIRO IND. IS PIPE B - )TYPICAL) STANDS 2 ..•`'.:: 2 3/4 '.PVC. PIPE RUN FROMRTU' ... .. " Q CONDENSATE DRAIN TO ROOF ... .. DRAINAGE GUTTER ETON ROOF TOP UNIT ...'. �.... .. � .` SLOPE w EXISTING. - SLOPE . DISTANCE TO O /A INTAKE. I II F1 L_J 6. .. .. .. .. PROPOSED EXISTING ® ADDITION BUILDING ROOF PLAN SCALE: 1 /8" = 1' -0'1 630 Chestnut Street Clearwater, FL 337,136 Tel: (727) 796 -8774 Fax: (727) 791 -6942 ORIGINAL RK -1FRIEr, FEB 13 2000 PLANNING DEPARTMENT CITY OF CLEARWATER Zoning: Address: Issue Date: 433 Mandalay Ave Clearwater Beach, FL 1/12/2009 Acreage: Scale: 33767 Parcel ID No. 1/8" = 1' -0" Municipality: Clearwater Drawn By: ECS Land User ®COPYRIGHT 2008 H I S D R A W I N G 1 5 T H E P R O P E R T Y O f D E S I G N 1 T, LLC . NDER NO CIRCUMSTANCE MAx THIS DRAWING BE REPRODUCED. UB LISHED, ALTERED OR USED IN ANY WAY WITHOUT WRITTEN iA U T H O R 1 1 A i 1 0 N F R O M D E S I G N L L C Project NO. r I OPENING FOR ROOF — — j DRAINAGE r - -� - - STUCCO FINISH TO _ MATCH EX. BUILDING Jt SOUTH ELEVATION SCALE:1 /4' = 1' -0" I I . 630 Chestnut Street Clearwater, FL 33756 Tel: (727) 796 -8774 Fax: (727) 791 -6942 . J_ J r - uRIGICa€►L RL= GKi'dEL� FEB 13 200 PLANNING DEPARTMENT CITY OF CLEARWAIER llhle I Zoning: Address: Issue Date: 431 Mandalay Ave Clearwater Beach, FL 12/31/2008 Acreage: Scale: 33767 1/4" = 1' -0" Parcel ID No. Municipality: Clearwater Drawn By: ECS Land Use: 0 COPYRIGHT 2068 H I S D R A W I N G 15 T H E P R O P E R T Y OF D E S I G N IT. l E C NDER NO CIRCUMSTANCE MAT THIS DRAWING BE REPRODUCED. .0 6lISNED. 'ALT E R E D OR USED IN ANY WA Y WI -ITE,N I A T 1 0 N F R O N. 0 E S I G N I H OUT I T. E Pro ect NO.' ORIGINAL RFCFIVED FEB 13 2009 PLANNING DEPARTMENT CITY OF CLEARwATER SCALE:1 /4'= V- �oX v 630 Chestnut Street Clearwater. FL 33756 Tel: (727) 796 -8774 Fax: (727) 791 -6942 0 1i� Issue Date: Zoning: Address: 431 Mandalay Ave Clearwater Beach, FL 12/31/2008 Acreage: Scale: 33767 Parcel ID No. 1IN- = 1'-0" Municipality: Drawn B Y: Clearwater ECS Land Use: °CO, PYWOHf sxeo. ueuo o� urto ix +xou+ wnnex .riax rs o.�oexsx�a. ir. sre. Pro ect No. 1 ORIGINAL RECEIVED FEB 13 2009 PLANNING DEPARTMENT CRY OF CLEARWATER rj1 ; G I- ELECTRICAL - SERVICE EAST ELEVATIO� SCALE: 1 /4" = 1' -0" 11 rva STUCCO FINISH TO MATCH EX. BUILDING JI o WALK -IN COOLER WALK -IN FREEZER 630 Chestnut Street Clearwater, FL 33756 Tel: (727) 796 -8774 Fax: (727) 791 -6942. FEB 13 200 PLANNING DEPARTMENT CITY OF CLEARWATER �I. Zoning: Address: Issue Date: 431 Mandalay Ave Clearwater Beach, FL 12/31/2008 Acreage: Scale: 33767 Parcel ID No. 1/4" Municipality: Drawn By: Clearwater ECS land Use: © COPYRIGHT Z0W HIS D R A W I N G I S THE PROPERTY OF D E S I G H IT. L L C. N -DER NO CIR CUNSTANCE NA THIS DRAWING SE REPRODUCED. .USIISHED. ALTERED OR USED IN ANT WAY WITHOUT WRITTEN U T H 0 R I[ A T 1 0 N E R 0 M 0 E S I G N" T E L C Project No. _ T. _ ■� ORIGINAL RECEIVED FEB 13 2000 PLANNING DEPARTMENT CITY OF CLEARWATER SCALE: 1 /4" = V -0" 630 Chestnut Street Clearwater, FL 33756 Tel: (727) 796 -8774 Fax: (727) 791 -6942 i p k :I Y tr re n qq� � 1• , ' �f { 'I I l 1 ( ( y f d 1 i I I I f. YI I I � BFI { 5 k :I Y Ot 4C1 FLL- ,� � ' F r ]N PAPAYA ST 'A PAHNYA ST Pirf Al T ., d✓i r et ro TMP�' s { c ^'rva �r� 7�'^�'t ✓�n,�T§, f Av�"�������ip u 4�=�� � "�.; � •, may-' a b f M sIwra.'J`�ne ,� Sv J .' j `a uj Ej i ] q � y x h 7 2? .�. yy s M � ryas# o2 CID m ym b IV O mz m A Z Y �T�'F,r.Y1Al94m m • r , r M\ i _ -r mil!„ n J .- 1- ... (� S I E- 1 f • A T� nY� - Zv.�R"^ '� �� i\ r+�py� v,tt�\G{ �'i\ Fi'��•if 1 `c�.. .. -.. � r jj-�- 6•. •.� � Wr d'T ors \ ` AERIAL MAP Owners: C. John Re, Peter Pullara, Joseph A. Case: FLD2009 -01001 Pullara Site: 431 Mandalay Avenue Property Size: 0.123 acres PIN: 08- 29 -15- 02592 -001 -0030 Atlas Page: 267A View looking N at subject property and E side of Mandalay Avenue beyond subject property View looking NW at property due E of subject property (432 Poinsettia Avenue) (City parking lot in foreground) View looking SW at Hilton Hotel (400 Mandalay Avenue) View looking NW at subject property (City parking lot in foreground) View looking S at E side of Mandalay Avenue south of subject property View looking NW at W side of Mandalay Avenue N of Papaya Street 431 Mandalay Avenue FLD2009 -01001 Welcome to VDB on the Web r1 SOm 100 ft Aerial Photography: 12007 Color Transparency (0.0- n7-1 1.V Theme Description This is the default set. It has no data layers, just linework. All of the map lavers are black. http: / /vdb.pcpao.org/vdb.php Page 1 of I �t may. 1/6/2009