FLD2013-01002 _ _ _ __ _ ____ —�
.
� �� COMMUNITY DEVELOPMENT BOARD
r � e����t
PLANNING AND DEVELOPMENT DEPARTMENT
� STAFF REPORT
MEETING DATE: February 19, Zoi3
AGENDA ITEM: D.2.
CASE: FLD2013-01002
REQUEST: Flexible Development approval to allow for a bar, nightclub or restaurant use where a
' restaurant currently exists within the Tourist (T) District with no changes to any of the
development standards previously approved as part of FLD2009-01001 as a
Comprehensive Infill Redevelopment Project under the provisions of Community
Development Code Section 2-803.D.
GENERAL DATA:
Agent........................... Robert Gregg,European Equities,Inc.
I Owner........................... C. John Pullara,Peter Pullara,Joseph Pullara
Location.......................... 431 Mandalay Avenue; east side of Mandalay Avenue, approximately 50 feet south of
Papaya Street
Property Size.................... 0.12 Acres
Future Land Use Plan...... Resort Facilities High(RFH)
Zoning.......................... Tourist(T)District
Special Area Plan.............. Retail and Restaurant District of Beach by Design
Adjacent Zoning.... North: Tourist(T)
South: Tourist(T)
East: Tourist(T)
West: Tourist(T)
Existing Land Use............. Restaurant
Proposed Land Use........ Restaurant, Bar and/or Nightclub
�� �� ��,�� . �_ ;� �
_ ��0.� � �,� �� .i�r r's'"`� �
p � �� � � � � �:
� �_� �, �.. . � _ Y
..� '�.....��' .. .4. . � " _ ..1tl� ,
�
� � ,�" 8 . " �'�l iJ�����`��'���.�a, ` "' '
�, • � � � � � . " ,+�1 �1
' ��� � ��� �
P � . � r. �
„ � � a.;�, � ,�� � �� ��r , � , � � � � �,,
- _'� "�. � � t rr� ' � �
, ; � ,
���" M '� -'-� ' y ~ ""� ��
°�'' "-f r " I �' i • ,'�r t ss�
�� � � � rj r .� g yM. '� i I�
rF a r .
� � f Y se
� i � ie + i � �
, Y +' :�t � p,,� � � � �z�k � ,a�, .',� ¢� � *�� � � ,
'�" ���:y fr���-���-a� �, 11 ��`��;�,�� �H,�..,� A��, '� ;�
°r�� �`'"'�' 1� '� �` - k _ �
1� �� `! M __. . . y �'�
, �
,y�,i' `� � �� �:s: � P • I��,
"�. �� �; ��_ + . ""�1�'�►"
°� � i , ` �� � �'=' - y�
�* ...Y � '' 7 , , ti� �7'
. _+., # ..y., � �Il+�
� .. � Iw � t '� 1 ' `� ; �� ' �` ��,
.r . �
� � , y � � z
� . , ` ` q „�,_., �I* _
� ~ � • �, �� • c 7rr±�!�' 1 �
�—� � „ �
� � _.____ � � '�F�` �, � ` ' tyi
�� s,� . . �'� �� �;�� � ��;
. � �— �, t�� � < . ` ,�,.
D.2.
� C11.R1 Il'�Ll.�Level II Flexible Develo ment A lication Review pL^rrrr�G&DE`�LOrMExT
P pP DEVELOPMENT REVIEW DIVISION
;r 1J���.����:R.
BAY ESP�pNADE
ANALYSIS: � a A
Site Location and Existing Conditions: ❑ ° �
�
The 0.12 acre subject property is located on the � ROQ(AWAY
east side of Mandalay Avenue, approximately ��
0
50 feet south of Papaya Street. The subject � ��MO;T ,STD o
property is currently developed as a 4,384 � � s,„,��` ` p pROJECT a
square foot restaurant use (Toucans) with zero 'I � � ° S'TE a �
parking spaces. The restaurant use was � I PAPA� h
sN �
approved as part of FLD2009-01001 as a o y � W
Comprehensive Infill Redevelopment Project. � a �
Pier@p �
ca�.wa ei�a
The subject property is also located within the � �
Retail and Restaurant District of Beach by �
Design. The surrounding neighborhood is a
tourist area comprised of hotels/motels, retail LOCATION MAP
sales establishments and restaurants. The SE°°N °F -
Hilton Hotel is located across Mandalay i _ � i • �•
� �-� � --- � - � '
` SAN MARCO 3T J �' R
Avenue from the subject property. There are _ _ , � »
---� � --s a ,
adjacent restaurants to the north and east. P �' "' '" �-
°, , . � � - .,_ �,
Other retail sales establishments and restaurants � r- _- � wy -�
exist along Mandalay Avenue between the -` � ''' �. _;'W
�' roundabout and Rockaway Street. City parking j •°° °; oAPAYAST..��
- �. --�
. " Q .R a j$1'
lot #34 is adjacent to the south of the subject -- - : - � -,.
---. ___.— �, z,=, - , -
a .�.,
� +�• { -- --.
parcel. T •.� :°i -
OS/R � I_°:=M.., �_i P
e
� , ___ --
Development ProposaL• ` --- � --
.,.
o Q �-
2 ,� e _W
On January 4, 2013, a Comprehensive Infill � W "' :a
Redevelopment Project application was ��' -a ', y="' -- - -.
�;
submitted for the subject property. The °° - . - --
application proposes to allow for a bar, �#� � _ ____
nightclub or restaurant use where a restaurant ; ZONING MAP " 'w,
- — - — _.
currently exists with no changes to any of the ° 1---�-- osix
,
development standards previously approved as ��`� h Restaurants/l '`S1 — — -
part of FLD2009-01001. It should be noted _ L Retail sales p 1d -_
that while bar and nightclub uses are proposed � '�'�-"- � � �
a3amg � .a36 aat
• Restaurants/ �—Q3�
to be allowed at the subject property, the actual 1� —� Retail sales _ �6 `zs =
1�n i —1 ` ' 9:a�e aza ; ---
J77a',•fp;r
function of the subject property would continue Q ' Office - SZ� � -
to be more consistent with that of a restaurant. � � _ dZ' ° � Q,� _ _
The impetus for adding bar and nightclub use � �S> -� " _ _ � � _ _-__-_
results from the State of Florida De artment of � d79 - y _
p Retail Sales �j
Building and Professional Regulation requiring and Services _. yos � '� - - - - -
that the alcohol license for the subject property � d ..i_ _: L - �� �
be amended to remove the restaurant ne ''99=� -�= - � " - - = - - _
o :: .• ..40B CGS ,
designation as alcohol sales exceed food sales. � _ - - - - - - - - - -
As such and when the applicant requested staff -- - - - - - - - - - - - - -
EXISTING SURROUNDING USES MAP - —-
Community Development Board-February 19,2013
FLD2013-01002-Page 1 of 7
' o (' p� �I7r�+ f� PLANNING&DEVELOPMENT
� V Vii�1'�L�Lel Leve�II Fiexible Development Application Review nEVELOrMENT aFV�w Drvisiox
� �w a�..�,.,.
to provide City approval for the removal of the restaurant designation, staff ascertained that the
use of the property had changed from restaurant use. As defined by the Community
Development Code, a restaurant may have subordinate sales of alcohol, not primary. Staff
informed the applicant that a change of use would be required prior to being able to approve a
revised alcohol license for the subject property in which alcohol sales exceeded food and non-
alcoholic beverages. The applicant is choosing to establish nightclub as well as bar use on the
property so as if they choose to have live entertainment (nightclub use) similar to other beach
venues, they would not be required to do so through an additional Level II request. To mitigate
against any negative auditory impacts to surrounding property owners, a condition of approval is
included that there shall be no outside amplified music or microphone usage.
Special Area Plan:
Beach by Design: Retail and Restaurant District
The City has demonstrated through the creation of Beach by Design and subsequent amendments
to this plan that it recognizes the need for pedestrian-friendly development in order to create a
vibrant active resort and waterfront destination serving tourists and locals alike. It is understood
that a broad range of uses including retail sales and service, hotels and motels and restaurants
contribute to the creation of the unique character and atmosphere that is Clearwater Beach. The
vision of the Retail and Restaurant District of Beach by Design provides that North Mandalay
Avenue is to be an attractive street with limited functionality as a two-sided "retail street." As a
result, it is desired and envisioned that the land area along North Mandalay Avenue transform
into a pedestrian-friendly retaiUrestaurant district. The document further acknowledges that
development within the District may be inhibited by existing parcel size and depths and that a
key to success is the construction of a parking garage. A recent Code amendment further
recognizes the limitations of the properties within this district and eliminates the requirement for
the provision of off-street parking for restaurants.
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
bar or nightclub use is 5,000 square feet and ranges between 5,000 — 10,000 square feet for
restaurant use. The subject property is 5,400 square feet in area. Pursuant to the same Table, the
minimum lot width for bar, nightclub or restaurants can range between 50 — 100 feet. The 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 bars,
nightclubs or 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
Community Development Board—February 19,2013
FLD2013-01002—Page 2 of 7
� Cl��l r��L�l Level II Flexible Develo ment plication Review pLn�n�G&nEVELOrMENr
P M DEVELOPMENT REVIEW DIVISION
. ?`.F#+.«y...,;�::�. .
proposal includes a front (west) setback of zero feet (to existing building), a side (north) setback
of zero feet (to existing building}, a side (south) setback of 5.4 feet (to existing building) and
zero feet (to existing sidewalk) and a rear (east) setback of 2.25 feet (to existing building) and
zero feet(to existing sidewalk).
Maximum Buildin�, Hei h�t�. Pursuant to Table 2-803 of the CDC, the maximum allowable
height for bars and restaurants ranges from 35 — 100 feet and ranges between 25 — 100 feet for
restaurants. The existing building height is 14.67 feet to its flat roo£ The existing 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.
Minimum Off-Street Parkin�: Pursuant to CDC Tables 2-802 and 2-803, there is no minimum
off-street parking requirement for properties within the Retail and Restaurant District of Beach
by Design. Pursuant to Table 2-803 of the CDC, the minimum required parking for bars and
nightclubs is 10 parking spaces per 1,000 square feet. . 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.
Utilities: Pursuant to Section 3-912 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. Pursuant to the conditions of approval for FLD
2009-0101 and subsequent site work, overhead utility lines servicing the subject property were
placed underground in conformance with this Code requirement.
Landscaping_ Pursuant to Section 3-1202.D 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 fa�ade 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.
Solid Waste: The site will continue to utilize an existing community dumpster located on
Poinsettia Avenue to the southeast of this parcel. It is required that staff transports the trash to
this dumpster.
Code Enforcement Analysis: There are no active Code Enforcement cases for the subject
property.
Community Development Board—February 19,2013
FLD2013-01002—Page 3 of 7
Y C��.ti��l�l Level II Fiexible Develo mentA lication Review PLANNING&DEVELOPMENT
P PP DEVELOPIvIENT REVIEW DIVISION
� ����.
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:
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 sq.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 building) X�
Side: 0—10 feet North: Zero feet(to building) X�
South: 5.4 feet(to building) X'
Zero feet(to sidewalk)
Rear: 10—20 feet 2.25 feet(to building) X'
Zero feet(to sidewalk)
Maximum Height 25—100 feet 14.67 feet(to flat roo� X
16 feet(to parapet)
Minimum Off-Street Bars: 10 spaces/1,000 SF Zero spaces X�
Parking Nightclubs: 10 spaces/1,000 SF
Restaurants:7-10 spaces/1,000
SF
� See analysis in Staff Report
Community Development Board—February 19,2013
FLD2013-01002—Page 4 of 7
� Cle�rwater PLANNING&DEVELOPMENT
Level II Flexible Development Application Review DEVELOPMENT REV�W DIVISION
� .�,� �
COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the
consistency of the development proposal with the Flexibility criteria as per Section 2-803.D of
the Community Development Code (Comprehensive Infill Redevelopment Project):
Consistent Inconsistent
1. The development or redevelopment is otherwise impractical without deviations from X
the use and/or development standazds 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
desi and a ro riate distances between buildin s.
Community Development Board—February 19,2013
FLD2013-01002—Page 5 of 7
� Cl��l T1'�Ll.l Level II Flexible DevelopmentApplication Review PLANNING&DEVELOPMENT
DEVELOPMENTREVIEW DIVISION
' . Ace:r�e;�.% .... .
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 3-914.A of the Community Development Code:
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 olfacto and hours of o eration im acts on ad'acent ro erties.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of February 07, 2013 and deemed the development proposal to be legally sufficient
to move forward to the Community Development Board(CDB), based upon the following:
Findin�s of Fact. The Planning and Development Department, having reviewed all evidence
submitted by the applicant and requirements of the Community Development Code, finds that
there is substantial competent evidence to support the following findings of fact:
1. That the 0.12 acres is located on the east side of Mandalay Avenue, approximately 50 feet
south of Papaya Street;
2. That the subject property is located within the Retail and Restaurant Character District of
Beach by Design;
3. That the site currently operates as a restaurant(Toucans);
4. That on March 18, 2008, a Development Order with six conditions of approval was issued
for Case No. FLD2009-01001 to permit a restaurant with an accessory sidewalk cafe.
5. That a Unity of Title tying the lots included in this parcel's legal description was recorded in
OR Book 16323, Page 2372;
6. That City parking lot #34, with 24 metered parking spaces, is adjacent to the south of the
subject parcel;
7. That the surrounding neighborhood is a tourist area comprised of hotels/motels, retail sales
establishments and restaurants;
8. That the proposal is to allow a bar, nightclub or restaurant use where a restaurant currently
exists;
9. That the proposal includes no changes to the building exterior;
10. That the proposal includes no changes to setbacks;
11. That the application includes no landscape changes;
12. That 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. That the proposal includes no changes to the existing parking;
Community Development Board—February 19,2013
FLD2013-01002—Page 6 of 7
� Vl�.ui 1`/�L�l Level II Flexible Develo ment A lication Review PLANNING&DEVELOPMENT
P pP DEVELOPMENT REVIEW DIVISION
,; ,r,:��
14. That there are no current outstanding Code Enforcement issues associated with the subject
property.
Conclusions of Law. The Planning and Development 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.D 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 and Development Department recommends APPROVAL of
the Flexible Development approval to allow for a bar, nightclub or restaurant use where a
restaurant currently exists within the Tourist (T) District with no changes to any of the
development standards previously approved as part of FLD2009-01001 as a Comprehensive
Infill Redevelopment Project under the provisions of Community Development Code Section 2-
803.D., with the following conditions:
Conditions of A�proval
1. That there shall be no amplified music or microphone usage outside;
2. That the existing Business Tax Receipt with application number BTR-0030132 be amended
to include bar and nightclub uses; and
3. That prior to the issuance of any building permits, the Fire Department may require the
provision of a Water Study performed by a Fire Protection Engineer in order to ensure that an
adequate water supply is available and to determine if any upgrades are required by the
developer due to the impact of the 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,
then the water supply must be able to supply 150% of its rated capacity.
Prepared by Planning and Development Department Staff:
Matt Jackson, Planner II
ATTACHMENTS:Existing Surrounding Uses Map and Photographs of Site and Vicinity
Community Development Board—February 19,2013
FLD2013-01002—Page 7 of 7
I
— r
�
' ,/ ' .. AM
�P
� � �4
v « _ ��y .
9 � , �;,,
� � N ,i �f � 4`I; � ��'• I
''U�1� �
� . �
' -� _ � --�a.�..��
� -
_
_ � _..
_-_ _
. :�---_
,.. _-__.-
- — --— .__....�_.
_ — _--....
._� ,
hw
View looking northeast at the subjcct property. View looking northeast at the subject property and
properties to the north.
?�;
;�
---._. '� �:
�_.i.._ _
�
..
ti� ,._
;,. ������,;
0
-�_ f I, -
�-- �
` �
�1��
- " � "di,� -
�--r-�:�. �
View from the west property line looking south. View looking at the property to the east of the subject
property.
� �f'� q �eh j��
'�'; �;t'�..,.���n � �i� .�j�� �`', hy ,... .._
� �f,� � .� .. +l
�, �, ��,/! , h� a r �;� �ytti �
ii R 1 t �► ,/ ., ..r�. .
i 1 �
� �
4 �
�� ; �ar�ti ti �► a�ai1� �.`�' ', �� , r• ,� �1fi :�
� �t . �-
a►�0 � �� Ip���R�i i.y��,. 1' e,� � ,J � ���'n ��'�t.�tt��� �
'�GOI 1. �� ♦,, ✓'U� �,� J��1� i �
,� ��il .�� !r�t � '��n�`,� i.- �41'ri �h( �.
� ,i ��i ��� �^� n ����i�=... � 'ys Y} �t '.r �„�w�Ill�: ��sa=ra
O ..� �� .�... �.i��c� . ry.
i ii
�N'� �I
+� r Sn.�;�, i ..
. i�1�� ' - ,�`r
� ��� _
sAr,- "
Vicw from the west property line looking northwest. Vie�v from the west property line looking southwest.
431 Mandalay Avenue
FLD2013-11033
` � i
� .�`�� a '. `� . � � � � �
t
' � .
�" 1�" ^ � '*+ i• � ;
.a
. �i - � �-� "t� *� +" � �,
;�r_ ..� (''�J� � s'� � s � ± Y )� e, +."�'�, 4� i
� .�! . ' . �1 , .
. �
J/`". ' '.' �
� .. �. ° i ai��, ,� �+ _ ., ![ .. r "�.. �t ar ..._
, �,,., � � �E � �,r �.,,;� ,� ,.,w���_.
�'� �.� � �
�
' n ��"'""�'��� � �1:. �� � �,�� �+t
�,.' -'� �� � �� s ,.Id+ �'� �A�• ,'�'. .. .. �1 ��� �, f,�„z�r:
� � g . ,t . _�:- L '2��_ , �„y.. z,�.
� '� � -"
.:�' , - .. t,..
�y � b - .� '3.� � ' 1 w..
� * �F+� I ��_.* �i �<`�
� i � � � � � :
,�� . ,• ��� , . � �j,�# � � �
� �. �;{ , � � #}.
, �*'� � � .
� �. � - - ��.,.��„ � . ,t, � ,
` �''� ��- �.,r.l/.��j�`r•`° ` .
+► � * � �*, , r .� �
. ,riw� 4 ` � ,'��8 i��, _.� ���
�•�,
�e '�. / i � ,�_ -., • �`�
^ � 1 �• . ' ,, , j
, 'i r .� ... t � .,
-• ' .�� ,� . ' .,,
, �. �; � .+�.�
� �.
� �'� . ��• � � � � � � � !•a�'�+�+t �,_,s,,,� ��y: , `.
�, � , t�,,�-1��-� � tl� '�'"� _',n.,,.�,�.,",�.r,,,. �
`.. tx \ .► _
d ��:. �� , _ . :�� "�
,� � � � �+•"
- o...'� "i5 . w'1� -� � . �r.r.�! -
• � `a, � ; � .�y A.;Wk""";
` S
� i�
, � k `Y, ` .�..��Mj"°� (t �► �
� �� '• ,�..,�iMtt�' � �!t "�"'� • f ,.� �t .�
r, -'� ��\: w � ,.,,,,.I, �A►`'v�` ` � ��
n�k ..�-'�' . 'W _ . � �'� L _ ' �
. � • � '1 ..\ , ( •,1 `- �,
�p + ���iI�( t , `
� �� .. - ' '�y�� * i � .. ___ 0� �'� � #R ;` �'h�
�� � y + �
N r ,1 ± !�1� ' .�:, P. •�1�. �``�
�, °,�,I� y'y` �i"� ' �� �r��i�..�
* �,,,' >�k .�"r""'.�,,�+ `
� �� �� a�1 � ��� �,'. � � � �
�A � � T -
� �
r
� ¢�,#, �'*'" �+F �:� .d ' ; ��� ' p,.. �`:
�� � �w` "# y .���� ' �:�... rt�� � L
�+ �Y �#+: y�v � .. ,� � ��� . � .3
� ' iiil ��d +1y, - '� t> � � + .. �
."�,. � �.: �T � / ,� •�' � r���° A.� �+��+� �4 ��s :•.R.� � �,'�"'1r`•
� �. h '� �.t � .
d � w, �. � �� •�r1 p. � � ..
� ��k � Y'� ��;�'P�'�%l� J � A I � f ,,..
�i
AERIAL MAP
Owner: RE, COSMO JOHN REVOCABLE TRUST Case: FLD20 1 3-0 1 002
Site: 431 Mandalay Property Size: 0.123 acres
PIN: 08/29/15/02592/001/0030 Atlas Page: 267A
Matthew Jackson
100 South Myrtle Avenue
Clearwater,Florida 33756
(727)562-4504
matthew.jackson(u�mvclearwater.com
PROFESSIONAL EXPERIENCE
❑ Planner II
City of Clearwater, Cleanvater, Florida May 2011 to Present
October 2008 to June 2010
Regulate growth and development of the City in accordance with land resource ordinances and
regulations related to community development. Landscape plan review including: conceptual, and
variance. Reviews and analyzes site plans and conducts field studies to determine the integrity of
development plans and their compatibility with surroundings. Interdepartmental and zoning
assistance. Respond as a City representative to citizens, City officials, and businesses concerning
ordinances and regulations. Make recommendations and presentations at staff level at various review
committees,boards, and meetings.
❑ Planner I
Calvin-Giordano and Associates, Fort Lauderdale, Florida May 2005 to December 2007
Project manager for various development applications such as plat, site plan, rezoning and variances.
In-depth government agency, in-house and client coordination to ensure that the projects maintained
submittal schedules stayed within budget constraints and attained approval. Schedule and lead
project kick-off ineetings, ensure municipal project conditions were resolved, produce supporting
documents and make site visits as well. Research and prepare due diligence reports including subject
matter such as zoning, land uses, densities, available public utilities and land development costs.
Member of emergency mitigation committee formed to prepare and mitigate for natural or man-made
disasters affecting Calvin, Giordano and Associates and local municipalities.
❑ Manager
Church Street Entertainment, Orlando, Florida September 1999 to February 2004
Supervised and managed daytime and nighttime operations of a bar and nightclub entertainment
complex including 100+ staff. Conducted hiring and training operations including security and
inventory control. Managed and reconciled nightly gross revenues as well as preparing and
delivering deposits. Assisted in taking inventory and preparing weekly inventory orders, marketing
and special events.
❑ Linguist
US Army, Fort Campbell, KY October 1991 to October 1995
Maintain fluency in the Arabic language and knowledge of customs and culture as well as military
readiness for possible deployments or training operations. Co-managed intelligence gathering
operation in Haiti including coordination between multiple Special Forces units and civilian
authorities. Interpreter between U.S. and Egyptian soldiers during training exercises. Liaison
between Special Forces battalions to coordinate certification training.
EDUCATION
❑ Master of Arts,Urban and Regional Planning, Florida Atlantic University, 2007
❑ Bachelor of Arts, Urban and Regional Planning,Rollins College, 2004
y � T....��i__
°' � `� � �� .. __� � �.1,�
431 MANDALAY AVE � �
FLD2013-01002 sAN 0 y ; '. ; �� �' �+
, i'._:.��
o ������ � Toucans �Dev -- - . . !
k�e�nra��-,�rt�ent , .
� � Zoning: Tourist Atlas#:267A � TY ;'�a� .
�
� ..,-�,....• Attached Dwellings, Mixed-Uses or Non-Residential Uses
iT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE,
INCOMPLETE OR INCORRECT INFORMATfON MAY INVALIDATE YOUR APPLICATION.
ALL APPLICATIONS ARE TO BE fILLED OUT COMPLETELY AND CORRECTLY,AND SUBMITTED IN PERSON(NO FAX OR DELIVERIES)
TO THE PLANNING&DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE.
A TOTAL OF 11 COMPLETE SETS OF PLANS ANO APPLICATIOR MATERIALS(1 ORIGINAL AND 10 COPIES)AS REQUIRED WITHiN
ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR TFiE
CQN6MUNlTY DEVELOPMENT BOARD WlLL REQUIRE 15 CONiPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL
AND 1.4 COFIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED,STAPLED AND FOLDED INTO SETS. -
THE APPL6CANT, BY FIUNG THIS APPLICATION, AGREES TQ COMPLY WITH ALL APPUCABLE REQUIREMENTc QF THE
COMMUNlTY DEVELOPMENT CODE.
FIRE DEPT P�EL{MARY SITE PLAN REVIEW fEE: $200
AFPLICATION FEE: $1,205 .
�y 'C
PRQP£RT\�CSWNEF((PER DEED): E 9� °e;�"�� �'tc�' � i'! ¢'��';' �`'�Cf'I��i ��f `�!�''�'� *..�r� F ;"�
�� � � 's 3 t �..1�. t �"' _
_ .�: . •�r :r- ., p��—
MAI�ING ADDP,E55: -�1:�C_��v , �' �a�•,�t��'�''Z �h��' Itl�? } �l�i��o �`if~ :.���,....`, .c .�, �
FHGNE NUMBER: �j°�r�� 1 �f����-, �,,;,,'��,� � �`.�-,._� ----
E Ml�I L: e ----------
�`CNn�no nrnnrrro�rR�r.vr_ � �� - �.
_�a� vr`nCrnW�cV1H11VC. %"� � �- N� ;��� P-�^..,�:...�-.
—_�- ._: _ 4.i s� F .� �'
i=1 _
MAIIING ADDRESS: c`��..�.�:� � (�"i '�� � �`,y' ---�,-c�Pr`:+P'i,F�},%���il�, �-''h,� ,•; ' — ---_.
PHdNE f�Uh1BER: �j �:./ (�`e(F% +� r '`` {F_-�i .�°:;�,y t �''(°�f ��..%���-- — . -
s ��-- ,
EMAIL: �LJ4k.s'.:�L:�l%';_�`yP�r- t``s��'r`"r'S�', _^.__
ADURESS QF SUBJECT PROPERTY: ��� �°f''�t`;;;.^, .e���::��,,�t'j: f����"°�
�y _
FARCEL NUMBER(S): °,,u-- '°� ' +„`, ���,�_�"a � % ? •�"s'� ' %.�,�`f � — —�--
�,
V ��
LEGAL DESCRIPTION: y ••� ""' °` ',-^i • �' � � Y,.l� ,�''�,�`/� P✓I���,.i�.:n� i °'i Nf �`�° t',,' I _
{�� f" N�-- .F e'�`w �«`r� /f �4r � :'1'P � 'i }- ..
��,,�,���^ l � r a F r� y' �-f ..�5 ,��f
f t i'bi Y t � ��.i� �— f L�...���..-v^.+/f^`� P/� {+�['r ,�j '�°"f' 5�'�.,�/ t°'1 M1 `f�i^. �
. ,.� .:t� �{- �._I�- i f/�'°"s.,:' C/P � / \E� fC-Lsj�,! ��f..,"k- .; �{ ! ✓ t i } "•< �,�, . !
`��-�,� �� �}�:�'" �V��vs:� ��'�C� �� �1 r�v�L°''if"CF,�� C�''�f�,^�,,t:,� `
PROPOSED USE(S): ;d oy�,�
DESCRIPTION OF REQUEST: �, F� ���� " '`'_' "`''�p}`� t � w,q � �°` �� �
bv� ����,t� � i� ���llV1��s '��} t''Ir���('�'�E r 1v f�;� � j,`r',,�,;,
Specrfically identify the request � z-� � ��. � f ,.�. # r.� e '
��.,.�._°_�`-`` e=-�°"�C:s�r""'�'� !`�j �±.��}'.n�n. ,���,.,[�. ��s``�`W� v �� f��1(r—��� � f �,�"-.
(include all requested code flexibifrty; ,K.,,} , , � � .,, -�� -�--='
,a-�,� �'s�e... �, �t=��,.._^� < °' f� r :�=_�'� .. .
e.g., reduction in required number of """ ' ' ° `° �w` � F� -��`'--' �°
�
parking spaces, height set6acks, lot �f'��-��� $�.'\f��>� �s` ;'`' s�`� � �1���` ��.: � �� ' �F�.¢ ,;w'�� , �" ' ,�'!
;
size, !ot�.�,•'dth,specific use,etc.J: 4-fE,_� "�� �:�,.� � ,A � r 4i, � ,-°
�.. � r�.i
i
1`°��/� 1.�.,,/G„i l �'.� � / f'v �� `'�C�`` �
.�.! � l
Pla;�ning&Developmert Qepartment, 100 S.Nfyrtie Avenue,Clearwater,FL 33756,Tel:727-562-4567; Fatt; 727-562-A865
�'age 1 of 8 Revi=ed 01/12
� � p L� � L� �'r�l i;;.� = ';
�i� j; ,�
��-�,�i 0 4 ` , i�-��-
PLANNING 8�DEVEL,O:;:�_�•
TY `'.._.�_�
o ��������� Planning&Development Department
Flex�ble Development A�pl�eat�an
��-� I�ata Sheet
PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM
WILL RESUIT IN YOUR APPLICATION BEING FOUND INCQMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING
APPLICATIQN CYCLE.
, �
ZflNING D1STR1Cf: _ ���/v�� ���1 i ����;� ; ��'6°��� �-.:.,�t�---_����!
FUTURE LAt�D USE PLAN DESIGNATI4N: ������ I�` . �j�'°��� �� �y� �
EXISTINGUSE(currentlyexistingonsite): ��(�����,}�" �`�° ��(�° �J�! �,�.'(���
PROPOSED USE(new use,ifany;plus existing,ifto remain): �•E���� ��������� ���� ����1.,,��,(�j€�' �t� ��R���,ii�
SlTE AREA: �,�-�� sq.ft. ; � �� acres
GROSS FLQOR AREA(total square footage of ali buildings): ,
Existing: �-,'`��-� sq,ft.
Proposed: 'hti1������,,� sq.ft.
Maximum Allowable: sq.ft.
GRO55 FLOOR RREA(total square footage devoted to each use,if there will be multiple uses):
First use: sq.ft.
Second use: sq.ft.
Thirrl iica• �
. $y. .
FLOOR AREA RATIO(total square footage of all buildings divided by the totai square footage of entire site):
Existing: � � ��
�
Proposed: �1� ��i j�:,t�E��` �
Maximum Allowable:
BUILDING COVERAGE/FOOTPRINT(1�`floor square footage of all buildingsj:
��f �,
Existing: �i��t°��,: sq.ft. ( � a ��` %of site)
Proposed: !�� �p���.�� sq.ft. ( ��_ %of site)
Maximum Permitted: sq.ft. ( %of site)
GREEhI SPACE`✓UITHIN VEHICULAR USE AREA(green space within the parking lot and interior of site;not perimeter buffer):
Existing: � sq.ft. ( � %a of site)
Proposed: �y,� sq.ft. ( l %of site)
VEHICULAR USE RREA(parking spaces,drive aisles, loading area):
Existing: �,p.f sq.ft. ( �"�.a %of site)
Proposed: `}� F s sq.ft. ( ��1� %of site)
Planning&�evelopment Depar:msnt, i00 S.Myrtle Ave�ue,�l�arwater,FL 337�6,Tal:727-562-4567; Fax:727-562-485�
Page 2 of 8 Revised 01/12
�°"_ ;-y-.,�.r."".�
� � �1
p � � � 1��.���_!= ; ;�� �
--,j .. t
i --, 1�: �� j;
IMPERVIOUS SURFACE RATIO(total square footage of impervious areas divided by the total square footag o re�i�� � � �. .....; +,��
Existing: ��� —� � �
Pro osed: rL/1NNINGBDEVELG.��.'���:f'_:'=:�T �
p �.4/'�.a Tr, _ __(
h^aximum Permitted:
DENSITY(units, rooms or beds per acre): BUILDtNG HEIGHT: �
A �
Existing: �� Existing: ;�
Proposed: �j �_ Proposed: ;�}�
Maximum Permitted: �� �5., Maximum Permitted: ��j� (�t�
OFF-STREET PARKING:
Existing: �
Proposed: '�1�a
Minimum Required:
WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROJECT UPON COMPLETION? $ (i� ��
ZONING DISTRICTS FOR ALL ADIACENT PROPERTY:
North: ��g.��'�''��`�" � . �...�Z �,.I��,f,.:��;
soutn: ��l �i�"�"" ,��,�j �� '��
� ' �.
East: ��� -i� � �� � ����
West: `��n�-i��� '�"���'f i�� r�.��._s°?
STATE OF FLORIDA,COUNTY OF PINELLAS '
l, the undersigned, acknowledge that all Sworn to and subscribed before me this � day of
representations made in this application are true and '� `,`,,��,`� �G�� ,to me and/or by
Iaccurate to the best of my knowledge and authorize '� p__ /
City representatives to visit and photograph the 1C.v��� �.t�� t%IG ,who is personally known has
prnp�rty described in this application. produced as identification.
� � >��.._ �-`� � —�
� � `� �, ��_ �'"� G
Signature of property o represe ative -�?Vo�ry publ' , '
My commission expires:
�
RY P�
ros;,,•,�•� LYNN tti,MRTTH�WS
* � * �{Y C4RiMiSSION 1 EE 129831
ExPIRES:October 13,2015
�19�'OF fL��t BO�KICKI TfIN��$ElVI�ES
Planning 8 Development Depar#meni, 100 S.tdiyrtle Avenue,Ciearv�ater,FL 33756, Tel:727-562-4567; Fax:727-562-4&65
Page 3 of 8 Revised 0i/12
� C� � [' �_i��;
� ����v o � ��:; � �
o (� } Planning& � 4���t�,����,T
� 4� �����t��r Flexible Develo men � '`'`� r� �
p
� � Site Plan Submittal Package Cheek list �
IN ADDITION TO THE COMPLETED FLEXIBLE DEVELOPMENT(FLD) APPLICATION, ALL FlD APPLICATIONS SHALL INCLUDE A SITE
PLAN SUBMITTAL PACKAGE THAT INCLUDES THE FOLLOWING INFORMATION AND/OR PLANS:
❑ Responses to the flexibility criteria for the specific use(s) being requested as set forth in the Zoning District(s) in which the
subject property is located. The attached Flexibie Development Application Flexibility Criteria sheet shall be used to provide
these responses.
❑ Responses to the General Appiicability criteria set forth in Section 3-914.A. The attached Flexible Development Application
General Applicability Criteria sheet shail be usecl to provide these responses.
❑ A signed and sealed survey of the property prepared by a registered land surveyor including the location of the property,
dimensions, acreage, location of all current structures/improvements, location of all public and private easements including
official records book and page numbers and street right(s)-of-way within and adjacent to the site.
❑ If the application wouid result in the removal or relocation of mobile home owners residing in a mobile home park as
provided in F.S.§723.083,the application must provide that information required by Section 4-202.A.5.
❑ If this application is being submitted for the purpose of a boatlift, catwalk, davit, dock, marina, pier, seawall or other si milar
marine structure, then the application must provide detailed plans and specifications prepared by a Florida professional
engineer, bearing the seai and signature of the engineer, except signed and sealed plans shall not be required for the repair
or repiacement of decking, stringers, railing, lower landings, tie piles, or the patching or reinforcing of existing piling on
private and commercial docks.
� A site plan prepared by a professional architect,engineer or landscape architect drawn to a minimum scale of one inch equals
50 feet on a sheet size not to exceed 24 inches by 36 inches that includes the following information:
❑ Index sheet of the same size shall be included with individual sheet numbers referenced thereon.
�� ivorin arrow,scaie,iocation map anci ciate prepared.
❑ Identification of the boundaries of phases,if development is proposed to be constructed in phases.
❑ Location of the Coastal Construction Control Line (CCCL), whether the property is located within a Special Flood Hazard
Area,and the Base Flood Elevation(BfE)of the property,as applicable.
� Location,footprint and size of all existing and proposed buildings and structures on the site.
❑ Location and dimensions of vehicular and pedestrian circulation systems, both on-site and off-site,with proposed points
of access.
� Location of all existing and proposed sidewalks, curbs, water lines, sanitary sewer lines, storm drains, fire hydrants and
seawalis and any proposed utility easements.
❑ Location of onsite and offsite stormwater management facilities as well as a narrative describing the proposed
stormwater control plan including calculations. Additional data necessary to demonstrate compliance with the City of
Clearwater Storm Drainage Design Criteria manual may be required at time of building construction permit.
❑ Location of solid waste collection facilities,required screening and provisions for accessibility for coilection.
❑ Location of off-street loading area, if required by Section 3-1406.
❑ All adjacent right(s)-of-way, with indication of centerline and width, paved width, existing median cuts and intersections
and bus shelters.
❑ Dimensions of existing and proposed lot lines, streets, drives, building lines, setbacks, structural overhangs and building
separations.
L�' Building or structure elevation drawings that depict the proposed buiiding height and building materia�s.
P4anning&Deveiopment Department,100 S.Myrtle Averiue,Ciearv�ater,�L 93756,Tel:727•562-4567;Fax:727•562-4865
Page 4 of 8 Revised 01/12
r -;-`'-�----,
� . '�
Typical fioor plans,including floor plans for each floor of any parking garage. D � � �-=�, j t :f
;� i� �,t
0 Demolition plan. ,�AN O �{ ZO�w '� �� �
� �� ' i
❑ Identification and description of watercourses, wetlands, tree masses, specime trees v' m hta�lly �
sensitive areas. PLANNtNG 8 DEVELOi'MEt�:�t;:;�T ;
F {.\ .
0 If a deviation from the parking standards is requested that is greater than 50% (exc u ing t ose standards w ere�the
difference between the top and bottom of the range is one parking space), then a parking demand study will need to be
provided. The findings of the study wili be used in determining whether or not deviations to the parking standards are
approved.Please see the adopted Parking Demand Study Guidelines for further information.
0 A tree survey showing the location, DBH and species of all existing trees with a DBH of four inches or more, and identifying
those trees proposed to be removed,if any.
❑ A tree inventory, prepared by a certified arborist, of all trees four inches DBH or more that reflects the size, canopy, and
condition of such trees may be required if deemed applicable by staff.Check with staff.
,� A Traffic impact Study shall be required for all proposed developments if the total generat d net new trips meet one or more
of the following conditions: ��/�,� ��td�!!� �J4�� �j �� 9 �,��i�`��
■ Proposal is expected to generate 100 or more new trips in any given hour(directional trips,inbound or outbound on the
abutting streets)and/or 1,000 or more new trips per day;or
■ Anticipated new trip generation degrades the level of service as adopted in the City's Comprehensive Pian to
unacceptable levels;or
■ The study area contains a segment of roadway and/or intersection with five reportable accidents within a prior tweive
month period, or the segment and/or intersection exists on the City's annual list of most hazardous locations, provided
by the City of Clearwater Police Department;or
• The Traffic Operations Manager or their designee deems it necessary to require such assessment in the plan review
process. Examples include developments that are expected to negatively impact a constrained roadway or developments
with unknown trip generation and/or other unknown factors.
❑ A landscape plan shall be provided for any project where there is a new use or a change of use;or an existing use is improved
or remodeled in a value of 25% or more of the valuation of the principal structure as reflected on the property appraiser's
current records, or if an amendment is required to an existing approved site plan; or a parking lot requires zdditional
iar��scaping pursuant to the provisions of Article 3, Division 14. The landscape plan shall include the following information, if
not otherwise required in conjunction with the application for development approval:
❑ Location, size, description, specifications and quantities of all existing and proposed landscape materials, including
botanical and common names.
❑ Existing trees on-site and immediately adjacent to the site, by species,size and location,including drip line.
❑ Interior landscape areas hatched and/or shaded and labeled and interior landscape coverage, expressed both in square
feet, exclusive of perimeter landscaped strips, and as a percentage of the paved area coverage of the parking lot and
vehicular use areas.
❑ Location of existing and proposed structures and improvements, including but not limited to sidewalks, walis, fences,
pools, patios, dumpster pads, pad mounted transformers, fire hydrants, overhead obstructions, curbs, water lines,
sanitary sewer lines, storm drains, seawalls, utility easements, treatment of ali ground surfaces, and any other features
that may influence the proposed landscape.
❑ Location of parking areas and other vehicular use areas, including parking spaces, circulation aisles, interior landscape
islands and curbing.
❑ Drainage and retention areas, including swales,side slopes and bottom elevations.
❑ Delineation and dimensions of all required perimeter landscaped buffers including sight triangles,if any.
Planning&Development Departmen#,10U S.IViyrtle Avenue,Glearxater,FL 33756,Fel:727-562-4567; Fax:727-562�865
Page 5 of 8 Revised 01/12
o } Planning&Development Department
� � ����t��� Flexible Develo ment A� Iication
p pP
� General Applicability Criteria
PROVIDE COMPLETE RESPONSES TO EACH OF THE SIX(6)GENERAL APPIICABILiTY CRITERIA EXPLAINING HOW, IN DETAIL,THE
CRITERION IS BEING COMPLIED WITH PER THIS DEVEIOPMENT PROPOSAL.
1. The proposed development of the land wilf be in harmony with the scale, bulk, coverage, density and character of adjacent
properties in which it is located.
� =�~�d..��� �����s�.�� �� �c���.�t e��� ���t� �c�� ����
°� ������� ��t�t�1� ���� �� a�b�� � °�� � =� '�
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.
��� G`i��1��C�t� �f t,�t� ?�.��T ��fi'��.' "t��' �!���.�1 f`� 1``�t� 1 t`t°��.1`���
�`:� �.� 1���.!'���� �a�°°.������� ��e�/f`��
3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood
ofthe proposed use.
.... , �
,�„ g �,�%�-��`��� �� '�°�, � `�°` "`;,c� ;
`�� `'� � � ��. ( � , ►C�°�" r� �����" ��?'�_ ��� �: =�.,����
6 Y'�t� �h����ii��(_.e'� {+�'��_,j, �� �� .sf 6' v�..t� P �� ����'s� � � C"`(� ���� ��� � f�.�/`f
. �
�� 's-^m ,. , -�� ,.�w3:-..: 'Y'S e s_�. ti F�t r f.� i e .<�
t F�. - l �6�. i�``�r <r�+_ �
tc�.�.dl y�) �'�1 �"' .! �f C'<'€�' f C'�V, 1'��✓ i�/��Y"-�'I ,.G��:.Gxi t",�.�:..�i,�' 6
4. The proposed development is designed to minimize traffic congestion.
���� �����`'f� � ��� �`i��e '�' ��`f���.✓�`°` '��i°�'�� ��1��'`�°� � ��
,--.� �`
S. The proposed deve(opment is consistent with the community character of the immediate vicinity of the parcel proposed for
development.
�., � 6 � � �'�-�. .p� t .,� ,� .•� �-� ' �, a
� � �' �`q-"7 �..��f� � ��6��' `\�� j !'s�{����� �t"s'i��� `�i�t��'/'�d��,F
i�,��a� i�.s t�E 1'�"�-` �E � ��+�... �?y-„s�. t-_�€""A��--.m�t��i4 f C.!�� �s'� �1`�`d=ys !" 1/'a�'��.��d'!��6
6. The design of the proposed development minimizes adverse effects, including visuai, acoustic and olfactory and hours of
operation impacts,on adjacent properties.
,I �, -{� �i ,� _.
t��"��� ��=��"N�'€��°� c�'�> E"��¢'.r -r.. �d'�' ���Y��� �'�.e�.,. �`r.r�,rp� �/' �+. !
� i. s '��' ���1� <d. Y � I - '� ���' �.:..,+ � ✓1 <— f)��.T
� '
`�h—`: c� � • '� t {`L'„
� �'��'��-- ; '�'°S ��.�� ��� � t�� �,�f°�,� �_�
�
I �
._ ! � � i'.� i' `,� .
--�----_.�.�+. (i! .
� ..'.a E 1i 'I
y ,�
Pianninc E Development Department,100 S.Myrtle F�venue,Ciearwater,FL 33756,Tel:727-562-4567; i��7-562-4865; �= ,_.,:.,, + '% i�
Page fi of$ Reyised 01/12 �
, ---�--.�.��� �
�-'1A:�il�di�'�G 3�17�1i��1'rr:9:P- .. �
.___.T_�'�'�'''�r C �° :�f D�P; �
�:, ,�,,._„;_.�:���'�:Y�,:.��._�....___
�o Planning&Development Department
� earwater Flexible Development Application
� Affidavit to Authorize Agent/Representative
1. Provide names of all property owners on deed—PRINT full names:
� � J z%�'t�1 ��P- — ���� � ��v�a
�����,��(�:tn .
2. That(I am/we are)the owner(s)and record title holder(s)of the following described property:
��� � �������
3. That this property constitutes the property for which a request for(describe request):
�i���� La�'� 'f�'—�,'��'1'� ��-�����.�� �,� �� � ��-��1��
�� 1� ���ls�.�
4. That the undersigned(has/have)appointed and(does/do)appoint:
�c���� � �-�"-�--r
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. Tha (I/we), h��und�r 'gned�authority,hereby certify that the foregoing is true and correct.
��.li"���%UGti�, � C�.P�rl.�
Property Owner Property Owner
Property Owner Property Owner
STATE OF FLORIDA,COUNTY OF PINELLAS
BEFORE ME THE UNDERSIGNED,AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA,ON
THIS � DAY OF ���-f-�-G'E- L� a-- , �� � � , PERSONALLY APPEARED
� � �
�(r��. ;1 y'��,��'�cZ WHO HAVING BEEN FIRST DULY SWORN
�
DEPOSED AND SAYS THAT HEISHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED.
20�'"4:.:;8�.� LYNN A MATi}iEWS
� * MY COMMISSION�EE 129831 �� �'
�`_. ''J "�� C� �� -��' ��.1
EXPIRES:Octobet t3,20i5 �
"";>F o�`QP s��aThrugudgetNotaryservius —' Notary Public Signature
OF F�
Notary Seal/Stamp My Commission Expires:
�4 � �1
(� �� (E
i „ . ,p .. , ,..,..,, �; ' i t
Planning 8 Development Department,100 S.Myrtle Avenue,Ciearwater,FL 33756,Tel:727-56 ;Faz:727-562=4865�
�;
Page 8 of 8 ' �' w y '
PI.�,Ni�Jli`ida�i7�VELOP�AENT D�PT �
�sn+t�P`t�ARINA7ER �
Froperty Appraiser Gene� ' Inforrnation: 08/29/15/02592/001/40? -'ard 1 rage i or �
interacti��e�aII of ti�:s Corn_gar�bte Saies Back ta Querv �ew T�.�Collector C�uestion/Comment about t��?is
parcel Listin Results Search Information parcej
_ �8129/15/Q2592/QOl/0Q30 ��i4�g�� ��f� -
Building 1 � � �
Data ��a��nt as of January 11, ��=`
2009 t��� ; _ �
[5:24 pm Thursday January 22] �=�;�_�- ''
Nonresidential Property Qwner, Address, and Sales Prfl��
Retail Store �rot�ert�% LTse: 320
BARBOUR-MORROW SUB BLK A, LOTS 3 AND 4
��80� E�em�t��a��
Homestead: No Use: 0% Ownership: 0% Tax Exempt: 0%
Government: No Institutional: No Agricultural: $0 Historic: $0
2008 Value 2008 Taz Information -
Comparable Sales Value:: $0 Tax District: �Vi1
��ildin�; V�.lue per�'.S. Millage: 203578
�53.844 �ust/I�tar��t V�lue: $546,200 Non Ad Valorem Assessments: $.00
�ssessed�al��/.5�� �ap: $546,200 ' Taxes: $11,119.40
��g��,�� ������� FQI�I��: $546,200 T�es without Save-Our-Homes cap: $11,119.40
� g��������������8������G���'���� ���' T�es without any exemptions: $11,119.40
�����;�a�-���E ���c�o �`���� ���� �°�� �e��°st�o
r. . r- -'-1"--- n-':.:- �./F"7 77/F.
uwneriNlaiiin� �aie i�aie nou�ra�e r�,..e � ���
Property Address
Address No Recent Sales
RE,COSMO 1oHN Plat Year Plat Book/Page(s)
REVOCABLE TRUST
PULLARA,JOSEPH A 1940 023/ 045
PULLARA,PETER 433 MANDALAY AVE
C/O RE,COSMO JOHN
TRE
808 S BAYSIDE DR
TAMPA FL 33609-3618
Parcel Information
Book/Page: 16378/1218 Land Use: Stores (11)
Census Tract: 260.02
.--w'"^�
� � �
�
1 � � ,
� � - ,.,
� • �r' �5i���
F�.' l`� Y. .�,.-�-' ����.�T 1
���y�.1��Cs&�����'`tf��
, i.,k }. z' '�:�_ :i � �.��sibici 3':FuE,, �*' 'i=..'1�t'��i!`:77ril�i�'�.-�'j� E`".,��`� . ��7^�.vj1`�n
. u � , � .� ��-' �
C� ��[J �� .� .
b'L9Z�#S�I�b' �sunol :6uiuoZ D �� �
p sue�nol F� �
� ��
i �'� � BLOOD NCORNER Z00�0-£�OZa�� JAN 0 4 ��13 '�,,,
� �� I �B�s��6 3n� ��'��Q N�W �,£� , pL/1NNING&DEVEL4PMEN7 DEP7
I
I WW I �. , .
o°o
m r; • I-- — — — — — — — — — — — — —
I Z� S90°00'00"E 108.20' (P) ` . �
,Z I S89°56'30"E 108.58' (Nn .
� . , . .
F�o° z sroKr LOT 2 • , LOT 42
� COMMERCIAL �
fiENCFI - � � . O
` BLDG � p BLDG � .
� graR4 0.45'N. � 0.I 6'N. �D Vz"IP
� GOVERED UTI1177�5 NO ID
� I1.93' � . _ ' .. — —
BENCH 1. 6'0.F d
� 57,2A' 0,55'S.
PP O.Sd W.
0.34'S �O.pS•
� � TRASFi CAN p • ' '
rrT � LOT3.,, �:
l� �'�`i� ��.v�+ rarrreR o BLOCK't1 ' � GW -'�-r-�"
p�' C
� ��U �S nneTa.eox co CONCREfE BLOCK ��
\. W E,p".,�� � � L[j CO I STORY
p•�•7 � � FOUNDATION �
'� a�-1��O � O �� ^ COMMERCIAL in in TOP OF BI.00K=5.05' in ��
O ,� po pdy� � 431 MANDAIAYAVENUE � � M
� � �� � � o W Raseo � � '* ` y�� LOT 41
� � � � � O� coNCREre '
'-�W� z e-i� g Q I STORY
��w � o O i.y� COMMERCIAI.
� ��Q Z o „ L O T 4 � �
� z BLOCK A � o a
iy PLAMER 0.06 N �\�� 6'CI3 6 � (n
�'� I.96' 62.24' ��hlE� 6 O 97'W TE
39.35'
FD 5'CANC WN.K PARKING PWJTER (21PARK�NG �� _� 4.99�
40,� CROWS POOT METER � yo �
� i2.24' METER �
P
O EB PLANTER t`D N4D
��� N CONC LB 97243
� � P�T� N1"CONC CURBING p WALK �P
� O
�n
�
FSWCK
� ASPf1ALT PFRKIN6
BRICK P��M� N90°00'00"W 108.20'(P) �-OT 5 J LOT 40
I � _' _ _ N90°00'00"W 108.09'(M)_ _ �
LEGEl'e1i�:
(P) PLAT
(Ivn MEASURED
FD POUND
C�ONC CONCRfiTE
W/ W.ITH
ftt�1 .6L.EC1'RIC METk3R '
Il' I.Rt)N i:OD !
Oti3E OVL1tHEADEi:L+CT;21C �
1D iGisNTiFICATIVN �
Wt�i WATEKMATF.R
ll' 1ItON PIl'L�
YR' PINCHBD IRON PIPE W E
CLF CHAIN LINK F&NCTi
LB LICfiNSED BUSINL�55 ��'
1'P YOWSR POLE
YC YELLOW CAP
1
Q 9ANTTARY MANHOLE �
O llENOTLS A NAIL&DISTC(ND)
* llfiNOTFS A K"IItON ROD&CAP
(�' CENTF.RLINE ,�l E•�-.•�„�PX r- s
Q AIP.CONDII'IONER C I � 1 .� �:�i y"i�Jr.�,�J,(�
��r- �:��.i�'�P�r�'1TER
F L�;,,���,n (n�r F�r�
El' -�`" PT. �.s i���=2ot�.
SUIY`J�YOIt'S NOTES: �'�'I� > .
1.TH]S LS A BOUNDATtY SURVI?Y.
2.RASIS OF BEARING;THE SOUTH BUUNllAKY LINE OP LOT 4,BLOCK A,BEARING:N90°0(I'00"W,
ACCOP.DING TO THE PLAT THEP�EOF.
3.NO UNDEKGROUNp UTILlT1ES,LTNDERGROUND ENCROACHMHNTS OR BUILDING FOUNDATIONS
WSRE MRASUREll OR LOCATLD A5 PART OF THIS SURVBY,UNLFSfi OTf�RWISE NOTED.
9.NO IMPPO VEMf?NTS OTHBR THAN THOSH SHOWN HHREON HA VE BEEN LOCATED.
5.TH1S SUR VEY llOHS NOT REPLECT OR DETERMINE OWNERSHII'.
6.A7TENTION 1S DII2}:CTL'D TO THL FACT THAT TH1S SURVBI MAY HAVE EEEN RP.t)UCED OR
HNLARGED 1N 5I76 DUB TO REPRODUCTION.THLS SHOULD BE TAKSN INfO CONSIDSRATION WHP.N
OBTAIIVING SCALED DATA.
7.VfiRTICAL FEATURE ACCURACY: LEGAL DESCRIPTIONI
r
� A)ALL NATURAL GROUNll EL6VATIONS AND/OR CONTOURS SHOWNHHREON HAVE BEE1V LOT53 Sc 4,BLOCK A,�BARBOUR-MORROW SUISDIV1510N,ACCORDING TO THE PLAT THEIZLOP,AS
� MEAb"UItTill TO AN NSTIMATfiD VBRTICAL PQSITIONAL ACCURACY OF 0.10't. RfiCORDED IN PLAT BOOK 23,PAGE 45,OP THB I'UBLIC RECORDS ON PIIJELLAS COUNTY,FLORIllA.
n.
N B)CONCKE;TE,ASYHALT,PLASTIC,WOOD&METAL$LBVATIONS SHOWN HfiREON HAVS BEEN
[v1EASURfiD TO AN ESTIMATEll VL+RTICAL PQSITIONAL ACCURpCY OF 0.02't,
"� FLOOD PLAIN:
"' 8.HORIZONTAL FF.ATURE ACCURACY: , PER THE FP.DHRAL IIISUKANCE ADMINLSTRATION FLOOD INSUKANCH RATS MAP,COMMUNITY
NUMHHR 125096,PANEL 0102 G.SUBJBCT PROPHRTY IS LOCATBD IN zONL'"ATi",W1TH A BASR FLOOD
�o A)PROPPSLTY CORNEFS,IiUILDING CORNERS AND ALL PERMANENT CONTROL POINTSSHOWN ELEVATlON OF 11.00 PEHT,AS RHFERSNCED TO THH FIItM(FLOOD IN5URANCE RATE MAP)MAP,
HHEtBON HA VE BEEN MEASURED TO AN ESfIMATED HOWZONTAL POSITiONAL ACCURACY OF 0.02'f. PINELLAS COUNIY,FLORIDA SEPTEMAER 3,2003.
�
H)ROAll W AYS,UITLITIES,TREES AND BODIFS OF WATER SHOWN HEREON HA Vfl B�I
MF.ASURP,D TO AN ESTIMpTED HORIZONfAL POSITIONAL ACCURACY OF 0.30't. CIIZTIFICATIONS:
rn
ABllL�L GAWA
a
0
�
a
Y ,�p��:H - .
� �g
< `WO
I
M . , .,,..__......�i
� �V
�
� �6UY3
j� � ThIIS SURVEY 15 NOT VAU�Wlll'IOUT C SIGNATURE!WD ORIGINAL RMSED
I 24q I Advcnture Dr—fLvernew,Flonda.39579 9EAL q'A FIARIDA IJCEN9ED SU OR AND MAPP[R.
�' Pfrona�813.741,I 555�Fax:8I3.741.I 553
'0 1.9#7243 .
'� WWW.CP.OSSIOWNSUKVEYORS.WM
�n .
N
O
�
O
# A BOUNDARY SURVEY OF THE CONC1tETE POUNDATION OP LOT'S 3&4,BLOQC A,BARBOUR-MORROW SUBDIVLSION �PINELLAS COUNTY �o�A'S����p GI57RATIUN NO.631 2
�
a
N
o JOB NUMBER REVLSIONS SEC'TIC�N T'OWNSHIl' RANGE SCALE FIELD DAT$ DRAWN BY FIL$N1�ME SHEET
J 08�?5 --- 8 29 S 15 E 1"=20' 11/"16/09 ���� 08025 LOT 3-4 BLK A PD 1 OF 1
— �"�.�
•�R,,,,�
i{' _ �
t: n
��--`�"`-_-�--, L�: . .
�� � �
_ �- -� ZiY�
,J � �$ .
O � //
J
-7' W
� � W U
Z ��
� <��!Cj///////////////////�///
Q
`' z�
-
Z --------------------------------------a--- -- ------------------
o g �
, ���- _�:� � ._ -_Y _ :� .
a �
O I
� �
� I
a � �
, ,
� .
. ,
, : ,
. � �
� : ; . .
� o 0 0 0 0 . �
,
,
� � �
� ; ; .
� �
i ' �
� � : i
: , ,
� ' � i
i � '
� i
�k � ,
,
, � „ , , � �
,
,
.,
_„�. ,,: :c:,,, �
.v. ���� .u�
���� �\li i i���i���
/ �L�
�\li � i li
i��� i��� ��
� Project: Issue Date:
Si#e Plan Toucan's Bar 8�Grill 1/4/2013
Address: Scale:
SCALE:3/32=1'-0" 431 Mandalay Ave. 3/32"= 1'-0"
� Clearwater Beach,FL 33767 Drawn By:
b30 Chestnut Street ECS
Clearwater,FI33756 � COPYRIGHT2010 Proect No.
Tei: (727) 796-8774 MAYDTHISWDRAwING BE REPRODUCEDIPUBLISH DUAIDTERED ORR SED IN qNV � �
Fax: (727) 791-6942 WAY WI7HOUT WRITTEN AUTHORIZATION FROM DESIGN�r. i�c. N/A
�' _.�.� �
�
z
- ur
�
i. � � ,; . ,. :, . , ... . .
� � ,.. ., ,. , ,n . ,. <;,,,
W
`_� � iexx ie ac_ �e 3e_ -
i IB i � ,�`i U O ��O'
� .
O � � 4_:______J =___ ___ `��
4X 4%
( � � J L J,L J�L J�L J,L J�L - � �
C ` 7 C � C 7 C 7 C � C ]
� _;� �r �r �r �`r �r �'r
,.,f � u u u u u u
�. � '°� Z fl
�� . � � s
r '� � � � � �
c„� c„� c„� c„� c„�
n, >=< >-,< >=< >-,< >�< �
!. J G J G J (. J G J
OO � azee <x
i �n �
�u� . . . � $ I�
I � _ _ l
n • , „ Cq I
c y. � _ _ �� � � I
� � I �
I o I
.�.x�L�:�r. �'..
� �
0 �Jl� �J�.� J�. J�. 0 �� .
�T> _ - ````````��
�______�
u �� �
n .
C��}.�
��� c^� c^� c^� c„� ,������ .
u )-< )�< ��C ��< C"�^�7
G J G J !. J !. J ��u��� . o .
n � �
C��
u
n �
��, c„� c�� c„� c„� c„� c„o
>.,< >�< >�,< >�< >;,�< >� `�
" G'�J C�'�J G J L�J G J G J
r� ��
� V
� Project: Issue Date:
Floor Plan Toucan'sBar&Grill 1/4/2013
Address: Scale:
SCALE: 1/8"=1'-0" 431 Mandalay Ave. 1/8"= 1'-0"
� Clearvvater Beach,FL 33767 p�a�,�B
Y�
630 Chestnut Street ECS
Clearwater,FI 33756 0 COPYRIGHT2010 Project No.
Tel: (727)796-8774 M YDTHIS DRAwI G BEOREPRODUCEDIPUBLISH DUALDTEREO ORR SEDSIN ANY
Pax: (727) 791-6942 WAY WITHOUi WRITTEN AUTHORIZATION FROM DESIGN �r. �ic. N/A
� .,
� � LETTERS RECEIVED
,
. . . - FOR
� FLD2013-01002 �
� 431 MANDALAY AVENUE �� �
Jackson, Matthew
From: Gwen Douse[gdouse@comcast.net]
Sent: Wednesday, February 13, 2013 11:12 AM
To: Delk, Michael
Cc: Jackson, Matthew; Robert Douse
Subject: Re: Proposat
Dear Mr. Delk,
As an annecdote, last night a Board member was across the street from Toucan's at 11:45 pm and said the music
was very loud. At 2:20 am this morning a resident reported they were woken out of a sound sleep from loud
music at
Toucan's. They didn't know what to do. Apparently even staff are cranking up the music during clean up time. It
is obvious we have a problem.
Thank you for your help in taking a proactive approach to the noise problem and your consideration for other
type of more desireable venues in future planning.
Gwen and Rob Douse
Sent from my iPhone
On Feb 13, 2013, at 10:43 AM, <michael.delk cr,MyClearwater.com> wrote:
Ms. Douse—In light of your concerns and those of your neighbors,your participation remains
important. Just to clarify so you know for example, other nearby fuil service restaurants for example
have music/entertainment in their venues. We do not regulate the type of music they choose to play.
So,while the issue at hand has much if not all to do with the percentage of food sales requirement, one
is not necessarily assured of positive operational characteristics just because of the {icense type. Or
conversely,some such businesses which sell little or no food may have music and not constitute a
r�rnhlom
N' '
After talking with the Police Department,we have prepared an addendum which could be considered as
a condition by the board more closely clarifying the noise volume standard delineated in the Code. The
Board may incorporate into the Development Order if they choose to do so. Whi{e not changing the
standard, it would make it c{ear to the applicant.
Mld
Michael L Delk,AICP
Pianning and Development Director
City of Clearwater, Florida
727-562-4561
727-562-4865 fax
michael.delk@myclearwater.com
From: Gwen Douse [mailto:gdouse@comcast.net]
Sent: Wednesday, February 13, 2013 9:49 AM
To: Delk, Michael
1
Cc: Jackson, Matthew; Watkins, Sherry
Subject: Re: Proposal
Thank you for your considerations to the residents of Clearwater Beach. The tourist district will
hopefully become one all can enjoy, including the residents.Nice cafes and restaurants,
interesting shops, and family friendly attractions would be most welcome and certainly would
allow for more peaceful sleep at night.
Sincerely,
Gwen and Rob Douse
Sent from my iPhone
On Feb 13, 2013, at 836 AM,<michael.delk(cr�,MYClearwater.com>wrote:
We wili provide this and all correspondence to the board.
Michael L. Delk,AICP
P{anning and Development Director
City of Clearwater, Florida
727-562-4561
727-562-4865 fax
michael.delkC�mvclearwater.com
^From: Gwen Douse [mailto:gdouse@comcast.net]
Sent:Tuesday, February 12, 2013 8:51 PM
T... f1.,11. M7.,F,�nl
�v. vcin� i•ii�.��uci
Cc: Robert Douse
Subject: Re: Proposal
Dear Mr. Delk,
As a follow-up to the conversation we had today,we want to reiterate our
concerns in the vision of Clearwater Beach as a bar/nightclub town in the tourist
district. As we discussed the tourist district also includes several large condos,
who residents' consider it their home, and hotels who have tourists that also
want their restful sleeps. The condos and hotels are directly across the street
from the bars/nightclubs and receive a direct hit from the noise of loud music
and patrons. In addition these bars/nightclubs have been springing up with
alarming regularity; we are becoming saturated with them. We strongly
encourage you to consider other establishments as well that attract families and
improve quality of life for the residents.
When we purchased our condo on Clearwater Beach, there was a much different
vision: one of nicer shops and restaurants and venues that supported family
activity, not a bar/nightclub scene. Please consider the residents who live here
and the tourists who bring their children to our town when you make your
decisions about vision and provide for appropriate and clearly stated safeguards
for such owners/residents and hotel guests. We need to be more than a town of
z
bars and nightclubs.To some this vision may seem lively and hip, but to others it
becomes a nuisance and frustration when noisy patrons and loud music prevent
peaceful sleep and hurt property values. On this note, please also implement
clear noise protections that do allow the bars/nightclubs to operate, but ALSO
allow residents to sleep.
As part of the consideration did the Planning Board ask the applicants what
measures they were going to take to protect the surrounding residential area?
Was the subject of appropriate safeguards for noise activity discussed with the
applicants? What assurances did the applicants give in writing in this regard? If
such discussions did not take place, certainly they should prior to any final
approval.
Please include both of our correspondences at the meeting on February 19th.
Since the purpose of the public meeting is to hear all parties, we assume no
decision will be made until careful consideration is given to residents as well.
Your care and consideration as our Planning Director is greatly appreciated.
Thank you again for your consideration and we look forward to hearing the
result.
Gwen and Rob Douse
From: Gwen Douse
Sent: Monday, February 11, 2013 8:58 PM
To: michael.delkCa�myclearwater.com
Subject: Propasal
Dear Mr. Delk,
Please accept this email as an expression of our concerns to the receipt of the
proposal to change the use of 431 Mandalay Avenue from a restaurant to a
restaurant/bar/nightclub. As I stated on the phone message left with your
assistant,we are residents at Mandalay Beach Club.This change will have the
potential to impact residents' quality of life, our sleep, and our property value.
As it is now, walking along Mandalay Avenue usually from Thursday through
Sunday or Monday late evenings (could be worse during spring break), it sounds
like the battle of the bands. Although there is a clear noise ordinance, under
Section 3-1508 of the city ordinances that states that noise from amplifiers,
musical instruments, etc. cannot go past 100 feet as measured in a srraight line
and no yelling, shouting, etc. can take place between 10 pm-7 am;this is not the
case on Mandalay Avenue. Instead of feet which is clearly stated in the law, we
understand things are measured by decibels (NO mention of decibels in the
statue) and there is no standard of ineasure applied. If the increased numbers of
bars and night clubs were located in an area where no residents were nearby, it
would be one thing. But the reality is that there are many residents (hotels,
condos, etc.)that are greatly affected by the loud noise of the patrons at these
bars and it is having a terrible impact on the ability to sleep as well as other
issues as mentioned. We are hoping that more family type venues can be
attracted to Clearwater Beach rather than all these night clubs and bars.
3
t
What will be done to better control the noise on current bars? Until permanent
improvements are made to the noise generated by loud patrons and loud music,
no more night clubs or bars should be allowed on Clearwater Beach. These
establishments should be made to comply with the statutes already in place so
that there is a more harmonious relationship between them and the residents of
Clearwater Beach.
We look forward to your reply.
Thank you so much,
Gwen and Rob Douse
4
Jackson, Matthew
From: Delk, Michael
Sent: Wednesday, February 13, 2013 10:43 AM
To: 'Gwen Douse'
Cc: Jackson, Matthew
Subject: RE: Proposal
Ms. Douse—In light of your concerns and those of your neighbors,your participation remains important. Just to clarify
so you know for example,other nearby full service restaurants for example have music/entertainment in their venues.
We do not regulate the type of music they choose to play. So,while the issue at hand has much if not all to do with the
percentage of food sales requirement,one is not necessarily assured of positive operational characteristics just because
of the license type. Or conversely, some such businesses which sell little or no food may have music and not constitute a
problem.
After talking with the Police Department,we have prepared an addendum which could be considered as a condition by
the board more closely clarifying the noise volume standard delineated in the Code. The Board may incorporate into the
Development Order if they choose to do so. While not changing the standard, it would make it clear to the applicant.
Mld
Michael L. Delk,AICP
Planning and Development Director
City of Clearwater, Florida
727-562-4561
727-562-4865 fax
michael.delk@myclearwater.com
From: Gwen Douse [mailto:gdouse@comcast.net]
Sent: Wednesday, February 13, 2013 9:49 AM
To: Delk, Michael
Cc: Jackson, Matthew; Watkins, Sherry
Subject: Re: Proposal
Thank you for your considerations to the residents of Clearwater Beach. The tourist district will hopefully
become one all can enjoy, including the residents.Nice cafes and restaurants, interesting shops, and family
friendly attractions would be most welcome and certainly would allow for more peaceful sleep at night.
Sincerely,
Gwen and Rob Douse
Sent from my iPhone
On Feb 13, 2013, at 8:36 AM, <michael.delknMyClearwater.com> wrote:
We will provide this and all carrespondence to the board.
1
Michaei L Delk,AICP
Pianning and Development Director
City of Clearwater, Fforida
727-562-4561
727-562-4865 fax
michael delk(�mvclearwater.com
From: Gwen Douse [mailto:gdouse@comcast.net]
Sent: Tuesday, February 12, 2013 8:51 PM
To: Delk, Michael
Cc: Robert Douse
Subject: Re: Proposal
Dear Mr. Delk,
As a follow-up to the conversation we had today,we want to reiterate our concerns in the
vision of Clearwater Beach as a bar/nightclub town in the tourist district. As we discussed the
tourist district also includes several large condos,who residents' consider it their home, and
hotels who have tourists that also want their restful sleeps.The condos and hotels are directly
across the street from the bars/nightclubs and receive a direct hit from the noise of loud music
and patrons. In addition these bars/nightclubs have been springing up with alarming regularity;
we are becoming saturated with them. We strongly encourage you to consider other
establishments as well that attract families and improve quality of life for the residents.
When we purchased our condo on Clearwater Beach,there was a much different vision: one of
nicer shops and restaurants and venues that supported family activity, not a bar/nightclub
scene. Please consider the residents who live here and the tourists who bring their children to
^i�:r±O..in �n�hon rniw ma4°��uir"lo�i�inn� ahn�y;±�ii�inn anr� rn,rn�iir,lo fnr aYNrn�r�wtn anrJ �IoMrl�
stated safeguards for such owners/residents and hotel guests. We need to be more than a town
of bars and nightclubs. To some this vision may seem lively and hip, but to others it becomes a
nuisance and frustration when noisy patrons and loud music prevent peaceful sleep and hurt
property values. On this note, please also implement clear noise protections that do allow the
bars/nightclubs to operate, but ALSO allow residents to sleep.
As part of the consideration did the Planning Board ask the applicants what measures they
were going to take to protect the surrounding residential area?Was the subject of appropriate
safeguards for noise activity discussed with the applicants?What assurances did the applicants
give in writing in this regard? If such discussions did not take place, certainly they should prior
to any final approval.
Please include both of our correspondences at the meeting on February 19th. Since the
purpose of the public meeting is to hear all parties, we assume no decision will be made until
careful consideration is given to residents as well. Your care and consideration as our Planning
Director is greatly appreciated.
Thank you again for your consideration and we look forward to hearing the result.
Gwen and Rob Douse
From: Gwen Douse
Sent: Monday, February 11, 2013 8:58 PM
2
�
Ta michaeV delkCa�myclearwater.com
Subject;Proposal
Dear Mr. Delk,
Please accept this email as an expression of our concerns to the receipt of the proposal to
change the use of 431 Mandalay Avenue from a restaurant to a restaurant/bar/nightclub. As I
stated on the phone message left with your assistant, we are residents at Mandalay Beach Ciub.
This change will have the potential to impact residents' quality of life, our sleep, and our
property value. As it is now, walking along Mandalay Avenue usually from Thursday through
Sunday or Monday late evenings (could be worse during spring break), it sounds like the battle
of the bands. Although there is a clear noise ordinance, under Section 3-1508 of the city
ordinances that states that noise from amplifiers, musical instruments, etc. cannot go past 100
feet as measured in a straight line and no yelling, shouting, etc. can take place between 10 pm-
7 am;this is not the case on Mandalay Avenue. lnstead of feet which is clearly stated in the law,
we understand things are measured by decibels (NO mention of decibels in the statue) and
there is no standard of ineasure applied. If the increased numbers of bars and night clubs were
located in an area where no residents were nearby, it would be one thing. But the reality is that
there are many residents (hotels, condos, etc.)that are greatly affected by the loud noise of the
patrons at these bars and it is having a terrible impact on the ability to sleep as well as other
issues as mentioned. We are hoping that more family type venues can be attracted to
Clearwater Beach rather than all these night clubs and bars.
What will be done to better control the noise on current bars? Until permanent improvements
are made to the noise generated by loud patrons and loud music, no more night clubs or bars
should be allowed on Clearwater Beach.These establishments should be made to comply with
the statutes already in place so that there is a more harmonious relationship between them
?nrl thP rACirlant� nf('laar�niatar Raarh,
We look forward to your reply.
Thank you so much,
Gwen and Rob Douse
3