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FLD2003-01001 r 'I ,I . , ;~. CASE #~ DATE RE.ct::!VED: RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: SURROUNDING USES OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: ~D EAST: ~ " ~Ifearwater - U~ Planning Department 100 South Myrtle Avenue Clearwater. Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION o SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans o SUBMIT APPLICATION FEE S FEB 18 2003 * NOTE: 13 TOTAL SETS OF INFORMATION REQUIRED (t\PPLlCATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICA'i"I1Q.MING DEPARTMENT (Revised 11/05/02) CITY OF ~II=A~WATER -PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMAl iON: (Code Section 4-202.A) APPLICANT NAME: GEORGE R. and THERESA C. NOWAK MAILING ADDRESS: 1555 Sunshine Drive, Clearwater, FL 33765 PHONE NUMBER: (727) 7q7-qlqq FAX NUMBER: ( 727) 441-6807 PROPERTY OWNER(S): GEORGE R. and THERESA C. NOWAK (Must include ALL owners) AGENT NAME: HARRY S . CLINE, ESQ. MAILING ADDRESS: Post Office Box 1669, Clearwater, FL 33757 PHONE NUMBER: (727) 441-8966 FAX NUMBER: ( 727) 442-8470 CELL NUMBER: E-MAIL ADDRESS: hsc clw .ma'cfar. com B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) STREET ADDRESS: 1555 Sunshine Drive, Clearwater, FL 33765 LaGAL DESCRIPTION: Metes and bounds description. see Exhibit "All attached hereto and made a part hereof by reference. PARCEL NUMBER: 01-29-15-16488-000-0152 PARCEL SIZE: 1. 29 acres, MOL (acres, square feet) PROPOSED USErS) AND SIZE(S): Generally Light Industrial; see attached site plan 'and (number of dwelling units. hotel rooms or square footage of nonresidential use) narrative DESCRIPTION OF REQUEST(S): Termination of status as a non-conformity; see attached (include all requested code deviations: e.g. reduction in required number of parking spaces, specific use, etc.) site plan Page 1 of 6 - Flexible .Je\;ei8::;:r2;:1 ,;',':J=,-':':~:;:<! - ':;;\,' ~! -=:2.::r...'"..2t~: :. 'DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO _ (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) 13 SUBMIT A COpy OF THE TITLE INSURANCE POLICY, DEED OR AFFIDAVIT ATTESTING TO THE OWNERSHIP OF THE PROPERTY D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) o Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it Is located. See attachment 2. The proposed development wiil not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. See attachment 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. See attachment 4. The proposed development is designed to minimize traffic congestion. See attachment 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. See attachment The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. 6. -1 I ! See attachment o Address the applicable flexibility criteria for the specific land use as listed in each Zoning District to which the waiver is requested (use separate sheets as necessary) - Explain how criteria is achieved, in detail: The uses are permitted uses, so there is no applicable flexibility criteria to uses, only to construction Page.2 of 6 - r:ex:t:.\e :':?ve~:-=r::e::~ !~,C;;j\ca:lC'n - City of Clearwcter .r. If E. o o o o o o o . SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) SIGNED AND SEALED SURVEY (including legal description of property) - One original and 12 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); LOCATION MAP OF THE PROPERTY; PARKING D8v1AND 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 w ill be used in determining whether or not deviations to the parking standards are approved; GRADING PLAN, as applicable; PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); COpy OF RECORDED PLAT, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) o o =f ~ SITE PLAN with the following information (not to exceed 24" x 36"): All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets included in package; Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3-201 (D)(i) and Index #701}; Location of all landscape material; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in square feet and acres: Number of EXISTING dwelling units; Number of PROPOSED dwelling units; Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; Size and species of all landscape material; Official records book and page numbers of all existing utility easement; Building and structure heights; Impermeable surface ratio (I.S.R.); and Floor area ratio (F.A.R.) for all nonresidential uses. o 01 REDUCED SITE PLAN to scale (8 Y, X 11) and color rendering if possible; -- -+- FOR DEVELOPMENTS OVER ONE ACRE. provide the following additional information on site plan: One-foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dimensioned); Streets and drives (dimensioned); Building and structural setbacks (dimensioned); Structural overhangs: Tree Inventory; preoared by a "certified arborist", of all trees S" DBH or greater. reilecting size. canopy (drip lines) and condition of such trees. Page 3 oi 6 - Flexible Development Application - City of ClearWater (e (I. I G. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and 4-202.A.21 ) o STORMWATER PLAN including the following requirements: Existing topography extending 50 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; Stormwater calculations for attenuation and water quality; Signature of Florida registered Professional Engineer on all plans and calculations o 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 o COpy OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-11 02.A) o LANDSCAPE PLAN: All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom eievations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Proposed and required parking spaces; Existing trees en-site and immediately adjacent to the site, by species, size and locations, including drip line; Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeied and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes. o REDUCED LANDSCAPE PLAN to scale (B Yz X 11) (color rendering if possible); o IRRIGATION PLAN (required for level two and three approval); o COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Infill Redevelopment Project or a Residentiallnfill Project. o BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials; o REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 Yz X 11) (black and white and color rendering, if possible) as required. J. SIGNAGE: (Division 19. SIGNS I Section 3-1806) 0, All EXISTING freestanding and attached signs; Provide photographs and dimensions (area. height, etc.), indicate whether they will be removed orto remain. 0' All PROPOSED freestanding and attached signs; Provide detaiis including location, size, height, colors, materials and drawing o Comprehensive Sign Program application, as applicable (separate application and fee required). o Reduced signage proposal (B Y, X 11) (color), if submitting Comprehensive Sign Program application. Page';' of 5 - Flexible De'lelooment Aoplication - C;ty of C:earw 3tef '. K. TRAFFIC IMPACT STUDY: (Section4-801.C) Q Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. L. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. STATE OF FLORIDA, COUNTY OF PiNELLAS r. ~ Sworn to and subscribed before me this ;);t day of J an uar.., , A.D. 20.Q.,L to me and/or by H<'lrry S Cline . who is ~OnallY kn~ has produced -- as identification. Notary public, My commission expires: 1itIdta {(. D. 'tt0t--- r~~~;:.\;::;:;:~:~ ~ ~ J f'.A:;'~~'1'''''t i-.'.;~~i= - Stct~ of Florida ;1 ". c~-=,~~~~E;~~~~;i; :r:D3 .: ~...:-:"I:'"::..-'- -~~.':'"'~_'r'~""::"~~~~3'::=;"~_.:___~~~ .-o(;e ::: Gf S - F'ex::::e iJe'leiooment Acpiic3tion - City of C:earw ater J' ' '. . M.: AFFIDAVIT TO AUTHORIZE AGENT: GEORGE R. and THERESA C. NOWAK (Names of all property owners) 1. That (I am/we are) theowner(s) and record title holder(s) of the following described property (address or general location): Metes and bounds description, see Exhibit "A" attached hereto and made a part hereof by reference. 2. That this property constitutes the property for which a request for a: (describe request) Termination of status as a non-conformity; see attached site plan 3. That the undersigned (has/have) appointed and (does/do) appoint: HARRY S. CLINE, ESQ., Post Office Box 1669, ClearNater, FL 33757 as (Ms/their) agent(s) to .execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That site visits to the property are necessary by City representatives in order to process this representatives to visit and photograph the property described in this application; 5. Th" (lIWel, the """e~ig.", ,",horily, hereby ",rtily th,tthe ,o,egOi.iree /' 2- STATE OF FLORIDA, COUNTY OF PINa.LAS My Commission Expires: (P/4/0lJ. a: / t::) 1 day of who having been first duly sworn t. lJ:,Or;;;;:J;; undersigned, an officer duly commissioned):Jy the laws of.t~~ ate of Florida, 01} this (}l,(. /. )'J/'/n::t. personally appeared G-'7. ~ / j, Deposes and says that he/she fully understands the contents of tJ:je affidavit that he/she signed. :'~-:;"~::::;'?"'''' Mory Greenlee-Krull ;.i 'f~ MY COMMISSION # CC941826 EXPIRES :. ~ :~E 1, S:\l'Ianning DepartmentlApplication Formsldeve/opment review 12002 Forms\residential infill application 2002.ii!l"ilif.;r..~;" BONDED rrlRU TROY FAIN INSURANCE. INC I ~ge 6 of 6 - Flexible D2VE::~~E~~ ~==_~=2~~:~ ~~~, of Clearwater . . ~, EXHIBIT "A" LEGAL DESCRIPTION Part of Lot 15, CLEARWATER INDUSTRIAL PARK, according to plat thereof as recorded in Plat Book 44, page 46, public records of Pin ell as County, Florida, more particularly described as follows: Beginning at the SW corner of said Lot 15; thence North 00006'00" East, along the West line of said Lot 15,89.87 feet to an iron pipe; thence South 89041'15" East, 382.42 feet to an iron pipe; thence South 00006'00" West, 205.08 feet to an iron pipe in the South line of said Lot 15; thence N 72056'17" West., along said South line of Lot 15, 399.78 feet to the POINT OF BEGINNING. H: \Data 'A ty\HSC\DOC S\N 0 wak. exa. \vpd . . Attachment - Written Submittal Requirements Owners: George R. and Theresa C. Nowak Property: 1555 Sunshine Drive Clearwater, FL A. CRITERIA FOR LEVEL ONE OR LEVEL TWO APPROVAL: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density, and character of adjacent properties in which it s located. This is an area, originally developed in the County, involving IndustriallManufacturinglAssemblylWarehouse and storage uses. A fire of unknown origin burned approximately 1/2 of the Applicant's facilities in mid- 2002, and the Applicant's seeks to rebuild his pre-existing structures and have the property status terminated as a non-conformity. As reflected by the attached aerial photograph of the area, Applicant's property, built in accordance with existing codes when constructed, is in harmony with the scale, bulk, coverage and density and coverage of adjacent properties. 2. The proposed development shall not hinder or discourage the appropriate development and sue of adjacent land and buildings or significantly impair the value thereof. This application will have no impact on development or use of adjacent properties, since no properties are affected by the rebuilding this site, and the area is essentially built out and operational. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. The application is to put back in service an operation that was interrupted by fire; the proposed activities will be the same as prior activities, which represented no adverse impacts to the community. 4. The proposed development is designated to minimize traffic congestion. , . . . 4. The proposed development is designated to minimize traffic congestion. Incident to rebuilding, certain changes to traffic and parking patterns are being implemented. Historically, tractor/trailer trucks making deliveries to the site would have to turn around on Sunshine Drive, and then back the length of the Applicant's property. Applicant is providing an internal turn-around, to allow trucks to enter the site head first, make the turn on-site for deliveries, and to exit the site, again head first. Secondly, existing parking in the front of the site was in effect back-out parking on the street, with zero landscaping/1 00% paving. The existing 12 or so back-out spaces are being removed, and as reflected on the site plan, landscaping will be provided in the front. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The proposed development will in fact enhance the community as a result of the increased landscaping. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The design is simply repeating the historic design ofthe property, which functioned without adverse impacts on the community, except for improved traffic circulation features, and increased landscaping. H:\DJtalAty\HSCIDOCS\Nowak.att. wpd , . . J- AMENDMENT TO APPLICATION TO TERMINATE NON-CONFORMITY RECEIVED Applicants: George R. and Theresa C. Nowak Property: 1555 Sunshine Drive Clearwater, FL 33765 FE8 1 R 2003 PLANNING DEPARTMENT CITY OF CLEARWATER A. General Applicability Criteria: 1. The project is in harmony with the neighborhood and will in fact be a neighborhood improvement overall. This area is generally developed, and was developed at a time when there was little or no oversight for impervious surfacing, back-out parking, setbacks, landscaping, etc. Many of the properties in the area are developed with little or no recognition of these features, and since they are fully operational, near-term change is unlikely. Rebuilding the damaged portion of the property at 1555 Sunshine Drive, Clearwater, FL 33765, is going to result in additional Open Space, a change from the back-out parking in the front of the building, and specifically creation of landscaping and green space in the front of the facility along Sunshine Drive. In addition there will be improved access and turn features for delivery trucks, which now should be able to make deliveries to the site, and turn the vehicle totally on-site, to avoid backing in, or out of, the subject property. 2. The property is bounded on the south by the Seaboard Railroad track and right-of- way; it is bounded on the east by a relatively intense industrial development with no landscaping, or frontage on Sunshine except for an access road that is contiguous to the northern boundary line of the Applicant's property. Across the street to the west is another industrial site, involving the apparent storage oflarge tanks or drums, again being a property with virtually 100% impervious surface coverage, with no specific curb cuts or apparent organized parking and access. The property to the north which is undeveloped and used for open storage, is associated with the entrance drive, and the property being used to the east ofthe Applicants' property. Further north there are a series of industrial buildings. All ofthis area developed some time ago, probably all of it being developed in the County, with very limited setback, landscaping or parking requirements. 3. As to the Applicant's property, prior and proposed activities remaining the same. This property was acquired in 1990 by the present owners. Two (2) activities are conducted on- site: (i) One activity, conducted under the same oflCWC, involves the manufacture of ceiling and wall cleaning products, which are sold worldwide; and (ii) the other activity involves packaging or repackaging for retail sales, resort activities or other business or market activities where a special packaging need exists. As to hours of operation and employees, see attached letter from the owners. H:IDamlAtyIHSC\Docs\Nowak'03 .amd. wpd j , . . 4. The site plan reflects the current impervious surface situation, and the proposed changes. The Open Space on-site, incident to this redevelopment, will be increased by four (4%) percent. 3. In summary, this is an Industrial area; the Applicants' proposal is consistent with the neighborhood uses and activities, and the resulting redevelopment will address development issues not implemented on other properties in the immediate area. Overall it was developed some time ago under lax or non-existent development restrictions. The redevelopment of this site will represent an overall improvement both functionally as well as aesthetically, and will allow the property owners to reopen their facility which they have owned, and operated, for many years, to operate the same enterprises that existed prior to the fire. B. Criteria for Termination ofNon-Conformin~ Status. 1. Perimeter buffers are to be installed, as reflected on the site plan, except for the southwest corner in the front yard where a significant driveway exists, and is necessary for access to the rear of the property. The Applicants are providing additional interior landscaping, and landscaping along the City right-of-way, in excess of code requirements to offset this limitation. 2. Landscaping for parking, per requirements, is reflected on the revised site plan. 3. Any and all signage will be displayed on the building face, but is to be permitted separately after construction. To the knowledge of the Applicants, there is no current non- conforming sign, outdoor lighting or other accessory structures or uses. 4. As to compliance with these sections, see attached letter from project architect dated January 23,2003. H:\Data IAtylHSC\Docs \Nowak'03. amd. wpd :~~'J~'~ ~ "':c.,:f..il, . , \;'::'U"$;..b' ~\')l<~- t~~~l;""'l...A;.. ~~'~;:~:':'~ ~'i"i..::..."'''7. ....... ......, ~..., iffittf '"~::""~.""'b'III,.~.:.....:. ---~' " . ,-;- :, . ",.: ::::'::.... ". ".:" ,,: ~Offe;;Ii:191.U'ch, ROBEM- P. RESCH. 11/ . AR~ITECT ",4,~1,;) ~,._.y/o~. ~;:~~_~u9~~~:o~:enue · Dunedin. :~o;~~~:~~~ (r:1f,~ h . t 'l hi"&>" Ii'" -m www.rescarchltecs.cOmf;-Hal:reSCII~aol.com .'::,; ''(=;~:1:1 11:=r-i.tt.lT-1I~~lJe~{(.T.rO{=1r~I.lllICJ.,-t.Il"I:_~;~;~~ January 23, 2003 ~ 1:8 1 R 2003 f\ ~.../ PLANNING DEPARTM~~ 727-56'")-4576 CITY OF CLEARWATEK-' "- City of Clearwater Planning Department 100 S. Myrtle Ave. Clearwater, FL. 33756 To \\Thorn It May Concern: Please accept this letter to accompany the application for Tem1ination of Status at the IC\VC property located at 1555 Sunshine Dr., Cleanvater, FL 33765. Our Firm and Owner (George R Nowak) met personally with Mr. Mark Pany at the City of Cl.eanvater last week in order to properly address Section 6- 109/ Item C/ 1 - 4. Please see Sheet AS-2 for our comprehensive Landscape Plan which satisfies Items 1,2, and 4 of this Community Development Code Item 3 doesn't apply to our project as there are no existing nonconforming signs, outdoor lighting, or other accessory structures existing on our lot. We hope this letter clarifies any concerns you may have. Feel free to contact me on my business cell phone at 709-0630 with any addition questions. Robert P. Resch III. Architect CC: Harry S. Cline John Schodtler Mark Pan)' George R. Nowak fax: 727-442-8470 v' fax: 727-562-4576 v fax: 727-562-4576 fax: 727-441-6807 . · RECEIVED George Nowak 1555 Sunshine Drive Clearwater, FL 33765 ~ t.t5 1 R 2003 PLANNING DEPARTMENT CITY OF CLEARWATER February 3, 2003 City of Clearwater City Hall Clearwater, FL Re: Info you requested. Dear Sir/Madam, Prior to the fire on June 24, 2002, our business at the above address was running at the highest historic level. Our parking requirements at that time never exceeded twelve (12) spaces for employees, and one (1) space for the rare visitor. Presently, we have nine (9) employees. The hours of operation are 8 am to 5 pm. We accept deliveries and make shipments during the same time frame, 8 am to 5 pm. The type of trucks that enter the property are: UPS type vans, box trucks, and 48 ft trailers that common carriers use for pick-ups and deliveries. If there is any additional information needed,.please let me know. George R. Nowa Building Owner ! ,-. . ...' MACFARLANE FERGUSON & McMuLLEN ATTORNEYS AND COUNSELORS AT RECEIVED 1501 SOUTH F"LORIDA AVENUE LAKEl..AND. F"LORIDA 33803 (863) 6S0-990S FAX (863) 683.2849 400 NORTH TAMPA STREET, SUITE 2300 P.O. eox 1531 (ZIP 336011 FEB 18p~WX~~:~(:~;:::57) TAMPA. FLORIDA 33602 CLEARWATER, FLORIDA 33756 (813) 273.4200 FAX (8131 273-4396 PLANNING De'PARmE?l"r7l 442-8470 CITY OF CLeARWAT6Ro. January 21, 2003 Clearwater City of Clearwater State of Florida CERTIFICATE OF TITLE The undersigned, HARRY S. CLINE, a licensed attorney at law, does hereby certify that as of the date of this certificate that fee simple title to the property described in O.R. Book 7393, page 361, public records of Pinellas County, Florida, which property is described in the attached Exhibit "A", is presently vested in GEORGE NOWAK and THERESA C. NOWAK, his wife. EXECUTED this day of January, 2003. ~~CF.~LP~E FERGUSON & McMULLEN By: s. Cline H: \Da ca \At'!"\ ES.:\ C;:-:-:::-e:p . ' C 3 \Cer~ - ti t l e.. ,....-pd il , J lAN~lSH:13 17: 10 FROf'l: . TO: 4~~ e::..- 1-' III ~:z 1I-o"T FED 1411' PIC UV 'G ." ... ,... I ... '" ... .., ~ i: o i: ; .., ~ ~ U .c '" .... N 'I ..1 Ofr-lCI~l REcaR~S t... ~OOK 7J93 PAGE 361 t90090016 O::t.ober tI. ,) 1" '30 I.y ...........'1 G.'''O u..O''l1'. t. -....... PINELLRS cauHTt FLn. INST , 9~-26717~ This lfJarl'rolty Dcrd ~In.l., ,I,r or,,~ .,f .l:J:. . J~~ A. ftlTTOC~ ard u.\fElUIlt: 'I1'l"IO::K. hU$band and ....ile. I.~,....gl,_. t"CIlL-c' .1.. u..u..".... 'eI c:;c.ci>:..E ~iOtlJ\K ard THEP.ESA C. tlCl/JIIY-, h.l.s wife. ...-0 ..L. I . ' c' ;o.{~2 ( .;;J...... p,,,'..If,,'~ ..,'.1..... o. 2. ~ 77 Lr(.cl!l'" C;",.' I) C LS-!i /2..,!A-'1r.,Z ".... 'u-n-.,...Il,r &'ull~1 "'f! n.nut...... ~"".;~: ~:: '::;:.'::.':''':.,,~:_':''; _::.;:" ..-':~.~i::':::: ,,:-:'.: ~ .::....::.~. .:-:..~i. .....;:::.:.::.:.7. 1IIitntSstth: Tlom ,I... 11""""" fur ..,,11.. ,',"ui.l.nl;..., "f II... '"'" ., s 10.00 ---"..,1 utI.., 1'C11I...I.J.. rulls.../.......wnl. r.....rlf~ ""lion....' ,. I,,.,,.'.y 1"-J",lIlt.,..,l",,J. J"O#"(OI,,, ('f'dub. I.....!I..II&~. ulls. G11',J1J. ra. ",..CIS. ~'GIJ,.,11. ..m.....JI ctflll (0..1,,".. .,111'. ,J,f' ",41..1.... .u .furl t"\'rl"j" In"" J"h.",. in pJ(\Cllas CA......... rl..rifl.. I.h~ part. of Lot: 15. C~reR ltlOO!;l1U.a.I., PMK. ac--...ordlrw;l T.O the Plat th'lTeof reo:>rded in PIal: Book 44. Pd",,! 46. P.1bIJC l'eCords of I:'lne\las Cr~l..lflty. flo::ida. /!'Ore partir.ularly descr~ ~G fo;l.;1.I!l: 8c.oqinmng at ~.he SW COTn!:" of said r..ot 151 thence North 1)0'06'00" E.:Ist. alOl'g the Iolesc line of said U:lt IS. 1.l!'.87 fQet. to <an ;ron pi.pe: tlll?oce $ol1111 89'41' 1S" Zast.. 382.42 f~t to an leoo ,:llpl'!; \!Iel'ICC SVUUl 00'06'00. weST. 205.06 .a.,-, to an iron pipe in the SOUth !.ine of $3id l.<:lt 15; t.hence rI 72.56' l i" west.. <.~ \ along $Olid So~th lJ.ne of lDt. \5. 3')9. 70 f~t to the POINT ~ il~HlNI"": sus.n:cr '1'0 easE!ll'lmt.G and rl<str).ct..Ions of record. ~ c: SIl8JEC'l' ro P\.lrd'1aSe ~ney FlRS'l' I'rxtgQC)E', bel:ween parue...; t1t!:-l!tQ, ,)f even date hereof: <lId recorded Sll!1.l1t4ne')Usly herP.\olith. Soc:. Sac. t fer George Nc:J,.n\k, I J:f) - (1,-; '1.'0 I; '7 so: ' See ., f or T!;er~!ia Co !-lQr.I.'\r..' ___- /3f--"-ff,-fj55'Y< lC1~dhtr ..nlla.lI I~* ,........"u. ~...,...'1I"'''."'. ."el a~p""."a"'" .)...... U"_,,,v ur-~ wh. npp-hdnino. 1" Hallie and t" llotd, &la. ...m. ;.. 1- .......1. f.r.""r. 1\nd I~. goanI.... "~b, co-u .../11. ..,;ol 0""".' ,I,... tJ,. '....,... I. 1....f..!I~ J~"ad of f.IJ la"el 1ft ,.. .,...,J.: ,I.a' .1.. II"'"'" "- ._' "101.1 an" laMl,..1 aulla.'"Y ... ../I ....1 &O'W.7 .ar.l l....d: "'a' d,. 0"'"'" 1.....", f"U, ...........,. 11.. UII. ...i.l 1.....1 ...J .uill .Io/"n" II.~ ....... aoa''''" th. ,_(..., d./mo u( all ,.......... "'1,_....: cmJ w. ....I b 1_ 0' .11 ...c_branc.., 0""'1" la r.. arc,,,I"lI '''/''.'1''.''. la 0",.",1.... ~I. 19 89; _~l lla. C 1-:9-15-1 f,4Ile-l)no-o I ')2 ~_,.. No '.2.'V 7. ~ I.,.................. ~^U~.,"'" TU JIlL. b,., f. C{ ~tml"', r,~.t1&J Cmi..... .,..........~~~..._ ~ ObI la UUnm 1Ibtr:of, rIc. ...... ,"""", I... oIg"Od and .aal..el 11.- p,....,tJ II.. .la, ....rI v.... ,,", .L.cr. WI'".... g ~ ~ ~ i=l tIl ~ ~ I Siora.J>...-t.cl an. J 4.11........, Ira .... p'0_: ,r:!J I j._' (' tf~.Jj~ _P~/~;,:::;"..___...._ ~;':'/.w,,'~ "': .. ..-.-- CD __._r:-7.-t;;I.I.H . . .=............. . ~-~....... . ~.d,,-:_ ...--..... ~~~l:ne . lITATt or rlorJ.da I ,u<1 UlC_ ,.,. 'K<)COIll UlI COUNTY or Pmellas K"~LEF.N ". nEilLI\t~ER. CLER~ OCT ~. 1.190 5:07PM t nr.atJJy eUTJF'Y ~".( Oft thi. <!.". ....tGIlI! """_ Aft ..lIiar duly l\lilaori".d i. Ih.. !Ia~ alanfaid UU~ i.. Lb.. CCM.Ittir .I"t'Ua4 10 I.h III.Cbo-tcdcmrMI, pltllOlUlI, 'P'Pl'n.~-d J.:une!: /l.. Wlt.t.oc::X and Uverne Wlt.to..~~. hu!SD!1n:1 am wlf@. i( f: .g' 1: ~ ... ... ~ ... ..... ..c ,. I'" \n.o... ..., "'- It.. prt'~ Ii d....'j.... i. ...1 _1II.. -o:..r",~d 1"< (oftann. ,ft"'."""'''. ."d tJ-.ey ICt..a.o- k.J4ed t...d,,,. 1I1e II... they r.:"'InllC'd .he .-'.. W.T,..,lSS my luod ,"i olr~I.. -.elf ~" Ih<< rnun" anti 3'... loa '14~~' 1~1:. dU.1 ~~(OOOe ;A:"'"lT.""1~9u . ,/ ~~/~ ;.~~~ .. ....y~.> Doll "'~, :~.~.~<!~"",:-l ~v' rutAr)' P\.lbllc , St.:l.r.a ~)or.i$t cr~Ofl<":lT-;;-' '11Jf1 II1T1fUrnrm j'f'TJ-'IJT"j II}: ~r. ~ ~~,..~ (~~"1l t (!r ., I 1 (<':f1Ir.I~<;J()I' ,~y.Plrp.!;:~' J --:? }\ "i '" " I D i ~ PAGE:003-004 ..IJJAl! ::~ :-.:rl .-.....-; ::.''l.......,.... ~~lo !....... : - - . . :.'. .~..~)?~p{~:~}~Pi*~~ ;~- . ,. _ .':" ," _,_.>;i<t'~..~\ .$..i'll,,;. ~,_.-,"...; . ~.7< _ . . ~;a! ~ .-. -- -. .;.~ :.:-'~ .--':"': . EXHIBIT lip, " '-"- ~ ~ r-:, 1- .. ,J - "-1,-, ~ I . l.t.-i r " -" . . - - --.-- l; I I .~ . I' . ,r ~ k€ (.ll:::[!S f.,..i/. .~. O~flC[Al ~~GF. 362 flOO': 7',3 '1 ,~ (I ~ ~ ~ ~ ~ . ~ ,. J: - n ~ - " , "::. ..--. g ,~ . ~ ~ ~ ~ I ;:... :!, t b3;';Q 1J.jf. m ~E:CC~lNG J:~C Si t.."1PS 10-0:-90 1b:4S:02 $b.CQ 2 ~31217.~O TOTnt: $3,123.50 CHEU .\HT. TB-DEF.fD: t3,22B. G' CHAlJ6E: it,. 5\ \. ,~ " , 'I " .' .. .. . " . . ., .. . , J '. ~. .; . . MACFARLANE FERGUSON & McMuLLEN ATTORNEYS AND COUNSELORS AT LAW 1501 SOUTH FLORIDA AVENUE LAKELAND, FLORIDA 33803 (863) 680-9908 FAX (863) 683-2849 400 NORTH TAMPA STREET. SUIT,E 2300 a25 COURT STREET P.O. BOX 1531 <ZIP 3360llRECEIVC I. BOX 1669 (ZIP 33757l TAMPA. FLORIDA 33602 ~ RWATER, FLORIDA 33756 (813) 273-4200 FAX (813) 273-4396 (727) 441-S966 FAX (727) 442-8470 FEB 1 8 2003N REPLY REFER m February 18, 2~f.ANNING DEPARTMENT CITY OF CLEARWATIf~t Office Box 1669 'tle\rwater, FL 33757 Mr. Mark Parry City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 VIA HAND DELIVERY Re: Applicants: George R. and Theresa Nowak Property: 1555 Sunshine Drive Clearwater, FL 33765 Application: for termination of non-conformity Dear Mark: Following up on your e-mail sent to me on January 28th, I want to supplement the referenced file in response to your request. Accordingly, enclosed herewith please find the following: 1. Fifteen (15) sets of full size Site and Landscape Plans; 2. Fifteen (15) sets of the survey, which are annexed or affixed to the site plans filed herewith; 3. Fifteen (15) copies of the Amendment to Application, expanding on the general applicability criteria, together with fifteen (15) copies of Flexible Development Application as originally filed; 4. One (1) copy of Certificate of Title; 5. Fifteen (15) copies of letter dated 1/23/03 from Robert Resch addressing non- conformity issues; and 6. Fifteen (15) copies ofletter dated 2/3/03 from owner identifying employees, hours of operation, etc. " . . .' ...., k II Mr. Mark Parry February 18,2003 Page 2 I trust you will find the enclosed responsive to your requests; if not, please give me a call. As always, thank you for your assistance. HSC:koh Enclosures ,smcerelE ~.Clme cc: Mr. George R. Nowak Mr. Robert Resch ~ . . CASe-#:. 8:P DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: lL- SURROUNDING USES OF ADJACENT PROPERTIES: t- NORTH: { \ SOUTH: -t WEST: / EAST: .. o Planning Departmer,t rwater 100 South Myrtle Avenue Clearwater, Fiorida ;jJ/;:'o _ ~ Telephone: 727-562-4567 () ~ Fax: 727-562-4865 ~UBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION (rfJ SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including - / 1) collated, 2) stapled and 3) folded sets of site plans N~ ': s. ~,,,} ~ SUBMIT APPLICATION FEE $ ~If -~, e..,I~')..I4, . >, * NOTE: 13 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICATION (Revised 11105/02) '\tl ~ e--_ - PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Sectio APFPLlCANT NAME: GEORGE R. and THERESA C. NOWAK PLAl~N;~;G & Dt, ,U;)d;liFNl ..:.~.._ .._'.,_.:-., l.~;~,:_..: .~ ~~ '. MAILING ADDRESS: 1555 Sunshine Drive, Clearwater, FL 33765 PHONE NUMBER: (727) 7<17-C)1QQ FAX NUMBER: (727) 441-6807 PROPERTY OWNER(S): GEORGE R. and THERESA C. NOWAK (Must include ALL owners) AGENT NAME: HARRY S. CLINE, ESQ. MAILING ADDRESS: Post Office Box 1669, Clearwater, FL 33757 PHONE NUMBER: (727) 441-8966 FAX NUMBER: (727) 442-8470 CELL NUMBER: E-MAILADDRESS:hsc.:Jclw.ma.cfar.com B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) ST~EET ADDRESS: 1555 Sunshine Drive, Clearwater, FL 33765 LEq;AL DESCRIPTION: PA~CEL NUMBER: Metes and bounds description, see Exhibit "A" attached hereto and made a part hereof by reference. 01-29-15-16488-000-0152 PA~CELSIZE: 1.29 acres, MOL (acres, square feet) PROPOSEDUSE(S)ANDSIZE(S): Generally Light Industrial; see attached site plan-and (number of dwelling units, hotel rooms or square footage of nonresidential use) n a r rat i v e C>E CRIPTION OF REQUEST(S): Termination of status as a non-conformity; see attached (include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) site plan I ~_l ~_ _ Page 1 of 6 - Flexible Development Application - City of Clearwater I~ i-, , r . . . DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PRI=\D;{USLY APPROVED PLANNED UNIT DElVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO ~~i yes, attach a copy of the applicable documents) c. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) ~ V SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED OR AFFIDAVIT ATTESTING TOTHE OWNERSHIP OF THE PROPERTY D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) rfi) Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail: d1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it I is located. i See attachment I I Co The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. See attachment @ The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. See attachment ~e proposed development is designed to minimize traffic congestion. See attachment V The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. See attachment & The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. See attachment I I I @)Address the applicable flexibility criteria for the specific land use as listed in each Zoning District to which the waiver is requested (use separate sheets as necessary) - Explain how criteria is achieved, in detail: Tihe uses are permitted uses, so there is no applicable flexibility criteria t:o uses, only to construction. ~ fA": ~,'~ . Page 2 of 6 - Flexible Development Application - City of Clearwater IT ~ (9) ",/ ~ ~ . . SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) SIGNED AND SEALED SURVEY (including legal description of property) - One original and 12 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); LOCATION MAP OF THE PROPERTY; PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; GRADING PLAN, as applicable; PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); COPY OF RECORDED PLAT, as a Iicable; F.! o n - ;/ Z ~ { 7' SITE PLAN SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) SITE PLAN with the following information (not to exceed 24" x 36"): All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets included in package; Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3-201 (D) (i) and Index #701}; Location of all landscape material; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. o SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: -0 Land area in square feet and acres; - Number of EXISTING dwelling units; ---r_- Number of PROPOSED dwelling units; ./ Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; Size and species of all landscape material; Official records book and page numbers of all existing utility easement; Building and structure heights; Impermeable surface ratio (I.S.R.); and Floor area ratio (FAR.) for all nonresidential uses. ~ REDUCED SITE PLAN to scale (8 Yz X 11) and color rendering if possible; FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dimensioned); Streets and drives (dimensioned); Building and structural setbacks (dimensioned); ~ Structural overhangs; ., Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. , I Page 3 of 6 - Flexible Development Application - City of Clearwater . . G. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and 4-202.A.21) I (9 <9 STORMWATER PLAN including the following requirements: Existing topography extending 50 feet beyond all property lines; Proposed grading including finished floor elevations of all structures; All adjacent streets and municipal storm systems; Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; Stormwater calculations for attenuation and water quality; Signature of Florida registered Professional Engineer on all plans and calculations 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 COpy OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable H. rV i - i .a - n tT" <IV (p LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) - LANDSCAPE PLAN: All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Proposed and required parking spaces; Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline; Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes. REDUCED LANDSCAPE PLAN to scale (8 Yz X 11) (color rendering if possible); IRRIGATION PLAN (required for level two and three approval); COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. I. ~ Q> J. ~ @:> ~ BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Infill Redevelopment Project or a Residentiallnfill Project. BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials; REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 Yz X 11) (black and white and color rendering, if possible) as required. SIGNAGE: (Division 19. SIGNS I 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 Comprehensive Sign Program application, as applicable (separate application and fee required). Reduced signage proposal (8 Yz X 11) (color), if submitting Comprehensive Sign Program application. Page 4 of 6 - Flexible Development Application - City of Clearwater . . I: tt , TRAFFIC IMPACT STUDY: (Section 4-801.C) 1:1 Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. L SIGNATURE: STATE OF FLORIDA, COUNTY OF PINELLAS 'J ~ Sworn to and subscribed before me this .::/~ day of Januarv , A.D. 20~ to me and/or by Hrlrry s. Cline , who is ~onally kn~ has produced ~. as identification. ~ I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property d.scribed in this application. Notary public, My commission expires: '~':~~'-""'..,.~/;-,,~,:i~r!:l, " ~ C ;"!:"""'~.7~'r1"' - ,,::-, '~"''''-'~',...;.",~;~. Page 5 of 6 - Aexible Development Application - City of Clearwater . . J~- M. t "\" AFFIDAVIT TO AUTHORIZE AGENT: GEORGE R. and THERESA C. NOWAK (Names of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): Metes and bounds description, see Exhibit "A" attached hereto and made a part hereof by reference. 2. That this property constitutes the property for which a request for a: (describe request) Termination of status as a non-conformity; see attached site plan ~. That the undersigned (has/have) appointed and (does/do) appoint: HARRY S. CLINE, ESQ., Post Office Box 1669, Clearwater, FL 33757 as (llIls/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That site visits to the property are necessary by City representatives in order to process this representatives to visit and photograph the property described in this apPlica~i7 6. That (I/we), the undersigned authority, hereby certify that the foregoinJ:e STATE OF FLORIDA, COUNTY OF PINaLAS ~y Commission Expires: 6/4/0'1 It:) ~ day of who having been first duly sworn t. }f,o~ undersigned, an officer duly commissioned py the laws of the I' /0 /;JAn;2... personally appeared (:JJ. Deposes and says that he/she fully understands the contents of e affidavit that he/she ~. ...'rii'~~ Mary Greenlee-Krull f:~ \~ MY COMMISSION# CC941826 EXPIRES .... "'!r:: :\P1anning DepartmentlApplication Formsldevelopment review\2002 Formslresidential intill application 2002.' i1if.:r.-~'" Page 6 bf6 ,.-, Flex:ihle Development Application~.Cityo-f Clearwater J . . " EXHIBIT "A" LEGAL DESCRIPTION Part of Lot 15, CLEARWATER INDUSTRIAL PARK, according to plat thereof as recorded in Plat Book 44, page 46, public records of Pin ell as County, Florida, more particularly described as follows: Beginning at the SW comer of said Lot 15; thence North 00006'00" East, along the West line of said Lot 15, 89.87 feet to an iron pipe; thence South 89041'15" East, 382.42 feet to an iron pipe; thence South 00006'00" West, 205.08 feet to an iron pipe in the South line of said Lot 15; thence N 72056'17" West., along said South line of Lot 15, 399.78 feet to the POINT OF BEGINNING. H:\Data\Aty\HSCIDOCS\Nowak.exa. wpd I .I . . Attachment - Written Submittal Requirements Owners: George R. and Theresa C. Nowak Property: 1555 Sunshine Drive Clearwater, FL A. CRITERIA FOR LEVEL ONE OR LEVEL TWO APPROVAL: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density, and character of adjacent properties in which it s located. This is an area, originally developed in the County, involving Industrial/Manufacturing/ AssemblylW arehouse and storage uses. A fire of unknown origin burned approximately 1/2 ofthe Applicant's facilities in mid- 2002, and the Applicant's seeks to rebuild his pre-existing structures and have the property status terminated as a non-conformity. As reflected by the attached aerial photograph ofthe area, Applicant's property, built in accordance with existing codes when constructed, is in harmony with the scale, bulk, coverage and density and coverage of adjacent properties. He.- il;). i" l,~,..,..,... 'I __ I ~i4 /4..r.,). (J ~), 'g ~ -::: 2. The proposed development shall not hinder or discourage the appropriate development and sue of adjacent land and buildings or significantly impair the value thereof. This application will have no impact on development or use of adjacent properties, since no properties are affected by the rebuilding this site, and the area is essentially built out and operational. ""-''-a) .J- "'l~~ ~ ~)J- !..v.? 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. The application is to put back in service an operation that was interrupted by fire; the proposed activities will be the same as prior activities, which represented no adverse impacts to the community. 4. The proposed development is designated to minimize traffic congestion. ,,~ ~~ 1 -u- ~ tJ- o-{lGy~, t,"s ,}- ~~~- h", t.-'" Gt ~ ~ (./;IIt' Y I ~. jJ . . 4. The proposed development is designated to minimize traffic congestion. Incident to rebuilding, certain changes to traffic and parking patterns are being implemented. Historically, tractor/trailer trucks making deliveries to the site would have to turn around on Sunshine Drive, and then back the length of the Applicant's property. Applicant is providing an internal turn-around, to allow trucks to enter the site head first, make the turn on-site for deliveries, and to exit the site, again head first. Secondly, existing parking in the front of the site was in effect back-out parking on the street, with zero landscaping/100% paving. The existing 12 or so back-out spaces are being removed, and as reflected on the site plan, landscaping will be provided in the front. - pl'~.-A- J..n.iW (J-r A """" fill'" . 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The proposed development will in fact enhance the community as a result of the increased landscaping. -I, ~ 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The design is simply repeating the historic design of the property, which functioned without adverse impacts on the community, except for improved traffic circulation features, and increased landscaping. tv!,..). V-L ,k,... #f~~ I :J:l '-I(lfe- Ye./Z' r / 4", . (> >- (7 fa.n,,),~ eA.. H:IDataIAtyIHSCIDOCSINowak.att. wpd ~ . . MACFARLANE FERGUSON & McMuLLEN ATTORNEYS AND COUNSELORS AT LAW 1501 SOUTH FLORIDA AVENUE 400 NORTH TAMPA STREET, SUITE 2300 P.O. BOX 1531 <ZIP 33601) 625 COURT STREET P. O. BOX 1669 <ZIP 33757) LAKELAND. FLORIDA 33803 (863) 680.9908 FAX (863) 683-2849 TAMPA. FLORIDA 33602 (813) 273-4200 FAX (813) 273-4396 CLEARWATER. FLORIDA 33756 (727) 441.8966 FAX (727) 442.8470 IN REPLY REFER TO: January 21, 2003 Clearwater City of Clearwater State of Florida CERTIFICATE OF TITLE The undersigned, HARRY S. CLINE, a licensed attorney at law, does hereby certify that as of the date of this certificate that fee simple title to the property described in O.R. Book 7393, page 361, public records of Pinellas County, Florida, which property is described in the attached Exhibit "A", is presently vested in GEORGE NOWAK and THERESA C. NOWAK, his wife. EXECUTED this ~v2~-~day of January, 2003. MACFARLANE FERGUSON & McMULLEN s. Cline H,\Data\Aty\HSC\Corresp. '03\Cert-title.wpd ! I . "- JAN'!V.:>-03 17: 10 , L III ~ D-"I IIEM 1I1P "e uv ID '" r- '" I r- '" ." .... ~ ..., a r;:: .. .2l ; U - '" '" .... N ~ c: FRor1: TO: 4.470 *_* OFrlCI~l RECORDS *** ~OOK 'J9~ PAGE 361 t90090016 A, I). 11190 "v . wll..UANT1 ~'''D ,..a"'I'D. t6 _a,wle PINELLI\S COUNTY rL.n. INST . 9"-2671'7fl lids llIanatlty Dttd ~I".I.. ,lor ~. ,I.rv ..( Oct.ober J~illS A. WITTOC~ arrl LP.\lEIlNE W)'l'IO::K, husband and wife, "f...,illo/,u. Nile.,' d... if"..Il",t'. '11 aId 'rHERESA C. NGJI\!:, his w,ife, GJ:aGE ~n<J\K ..~ 1- / . 1,- I ;,-/(,21 .iiI".jr ,,,,,,../1;<.< .,,/.1....... 2. -077 c..'rC.ol.'lfI ~oJA~ ~ Cl-2..'j (2...J/l."1trl. ~.. (.. 'wn.',ull~..,. &'ull.....1 Il,~ OWllt~~.. 1"'&,.u'l.<l!t ....... I..."u. ,..... U'll'It ".flllh.Il" A\.,I "or......... .1IIt1".......u.k ..."", I.' Ih" ."'.1......., ...... ... wi... k...1 u,........,..llti.".. _i ....i..... ,,' ",Jhld...I.. .1..\ ,I.. ..,....... .,.,1 ...,...., .of 4'...,..",...,u. UJitntsstlh: "",nl 1/". II""''''', ,,,, .,..1 '" c."",;,I", ",;..., "I ",. II.'" "I s 10.00 ---.."" ~ll.., "alluah.l,. ........'.J....iuru:. rN'ri,.. ft.I........, I. 111"("" 1I/.J..,mI4.lto,'",.cI. 4.....I,y or"..":, '1f"!I_h",. It'US, al'#J1~. 'A- ",i.as. reL.oGI...'. &"'011l'f''1I ...." .-...Iit"" hilt.. "If' ,1'4'Iul.... ..U .I.cd t"\''''tI", In...' .,h.,.,li' In pini:llas Cur..'.,~, fturi,l.. ,-'1.. Part. of Lot: 15, C~reR IllOUS'l.'P.U,t, PMl1(, accordIng T.O the Plat l'./'l'lreof recorded in Plat 8cXlk 44. Pd9t! 46. P.lbhc; Ilecords of l'lnellas Cr.)unty, Flod-cia. rore partir.-ularly descr~ aG fo:1'JW!l: Bc9inning at ~.he SW cOYn!:&' of said )~t lSI thence North IJOtQ6'OO" East, along the Wes!: line of &aid lJ;:Jt; 15, B9.87 (Qllot to ..n ,ron pipe: t11lmCe $(.Juln 89.410 IS" East, 382.42 f~t:. to an non 1=';lp!l: U\eIlC€: SOUtil 00.06'00. west. 205.06 foot to an iroo pipe in the South tine of. $:l.id Lot 15; t.heroec: tl n"s(, 'I i" WCs~" alQl'o3 said South liroe of Lot 'tS. jl)9.70 feet to the POiNt ~ Cl~nlNIN(;: ~ SUBJOCT TO easenoentG..nd restr iCl:.i ons of record. SU8J'El:T ro Purchase ~~ n!:lS'1' ~:>rtgiICJ(', ben.leen partle6 hereto, r)f even date hereo.f ard recorded slIBl1~nE!')Usly I"oerewith. Sex.Sac,. fer George NoIotak: /35-((0':)'/.106"/ soc.$ec.' for Thereli:! C. NOW,;I.k: ----- l:.3f - "'-18 'fJ5.sP, 10,.r .....,..1/ ,.... ,...."..,,1.<. ~..,...lu"'"...,. .",/ .Jl"......-a...~ 11....'w u"......y ..rhr-anr wi.. .p_'.....i..O. 1, lIa,e and t, ItIld, ,I.. ....... '" /-. .''''''1. I...""",. Dnd ,I.. "..._ I......., ca.-..t. wll10 "..;,/ 01'8"'.. ".... .1.. II'''..'.... I, 1.U1J,,!/y ,~l1od 01 ,41.1 I""" 'ft I.. .,,,,pJ.; ,1.., ,I.e 8""'''' J.... 0"'" ,i./'" .ftel 1...,/,,1 ..ull....IIV '0 ..II .",j ,.,w.)' ..1.1 l..nd; ".., d'A o.....'er ........)' 1..lll' ............. ,s.. 1111. ,n'" 1...,,1 ...cI .ufU d.'""d 110" MM" .."o'M' ,I.- '_ful c[.,'m. ~f 01/ IH"-' """"'_'~": (,,,J w ...,{ 10 ,_ ,1 ..II ....,.....I".ne... ......,. ,. .., ..rc.....l{I .../..."".n' .. rhc....L., ,.. 19 89;~_! Uo. C 1-29-1 S-H4fl8-I)OO-O 1')2 ........."'" .... IIIl t. 2..:l( 7. ~_ ..".................. :nu.~QI""e 1u ...... Ko'''' f, Ot ~~ml.", ~I~.IIIJ c;c........ .,..........~~~....ll o.p..., CItdI II .itam 1Ibtr"f, rJ.. ...Il 11_'.'" /... .Ign.'/ ond ,...I.,eI 11._ P'""''' ,I.. Jo)' nnJ v',,, ,...1 .".,.. "'..11.... I ~ ~ e: i i( ~. ~ ... ~ ... ::t ~:4S;;i:~==:...- ~=-..tZt/J~.__. ....~:.(;~ . . ...,.......,....,... t/ ,~~. w~::~.o::k~..A~...._..... 3'TATt OF flor.lda I ..... UlC"4' '0I'1C1>I~'" UII COUNTY or Pmellas KI'IF(lHIIt'.. D[f,llM~ER. CLERI( OCT ~. 1990 5:07P~ I ,u.auy CEATIFY 'h.. Oft .hio ~'t. ~fQ'. "'f. .. .Ilia, duly .ulharu.4 i. thll!' Stall!' .10",.111 .,Id ,.. Lh~ COUf'" afun,Nt I. 1.11'_ IlC~"DWledemr...., pe'IlD....Il,. 'P'PC'I~ J<lIl1flS f.. ~it.trxX ani Laverne Wlt.tOt.~lc. husband. ani wife, '1IllI IIW ikn.o"'lI '" '- Iht' "'FlOII Ii d....,n"'4, ift IlId .,)1.) 1\:_1II'-:"""cI .tIic 1_lI<'i.. '.""''''0.' and \:hey leu_led,eo! q,d.". .,,0 ,I... they I~nlt'" .he ......t'. WnNUS my hind ..d ..111<1,1 ...1 :. I~. r.un" Ind 5t,~.... oI0~~lst. do, aI ~f..o ;;rD:"'19g0 Notary Pubr~fA_ ~.W'i:J;.(:1'~;'" 'n,is Il'~'UIllr'1I1 P"'Jk,mll'J: I,. --&ri"........ (~I\olHer I JI 11~ C",', ~,,,..., I tI"",.-!r O~ow,,,,,,pt.l"'r,, rL :; P :, , ~ ,I Ct.YIlnl5Sl0n ~XPJreF,:!!..--J ~ !',.." PAGE: 003/004 EXHIBIT I 3 J'A " .JAtl- 1'\:;-03 17: 10 FRDr1: . , . J , I ~ ~O:~470 k\;(.llRtlS ~**' .. O~~lCl^L pnGE 362 , &OO~ 7:59'~ ~ ~ - ~ .-o:t ~ ~ = ~ \C 'SJ ~ f'I'). =-. . .. X n o i I " =~163~~~ WJS 10-0:-90 lb:~S:02 01 RE:COn.JING 1 S6. DO DOC STA.'1PS 2 .3,217.50 TOTAl: $3,223.50 CHECK AMT. 'ID{)(!l[(l: Ot 228. Ot C~AN6E: $4.51 ,. " :i ij i i PAGE: 004/004 TS . . MACFARLANE FERGUSON & McMuLLEN ATTORNEYS AND COUNSELORS AT LAW 400 NORTH TAMPA STREET. SUITE 2300 TAMPA. FLORIDA 33602 625 COURT STREET P. O. BOX 1669 <ZIP 33757) CLEARWATER. FLORIDA 33756 (727) 441-8966 FAX (727) 442-8470 1501 SOUTH FLORIDA AVENUE LAKELAND. FLORIDA 33803 (863) 680-990B FAX (863) 683-2849 P.O. BOX 1531 (ZIP 33501) (813) 273-4200 FAX (813) 273-4396 IN REPLY REFER TO: January 22,2003 Post Office Box 1669 Clearwater, FL 33757 Ms. Lisa Fierce City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 VIA HAND DELIVERY Re: 1555 Sunshine Drive, Clearwater, FL / Application for termination of status as a non-conformity Dear Lisa: Forwarded herewith please find the following: 1. One (1) original Flexible Development application and twelve (12) copies for the following: application for termination of status as anon-conformity, 1555 Sunshine Drive, Clearwater, FL; seeking to rebuild properties partially destroyed by fire; 2. One (1) Certificate of Title with copy of deed reflecting ownership of Applicant. 3. Thirteen (13) copies each of existing and proposed site plans, including landscaping plan; 4. Original and twelve (12) copies ofletter from owner/applicant as to number of employees / parking spaces required; and 5. Applicant's check in the amount of $1,205, made payable to the City of Clearwater. Based upon our prior meetings, and in light of the fact that the property is essentially, at present, all pavement, we are not required to provide a tree survey, and the attached letter . . Ms. Lisa Fierce January 22, 2003 Page 2 pertaining to the number of employees is acceptable to establish parking demand for the property . If you have any questions, or if you need anything further, please do not hesitate to contact my office. I will be in a seminar the until after lunch on Thursday so in the event you need anything further regarding this application, please contact Kathy in my office or Robert Resch @ 709-0630. As always, thank you for your assistance and consideration. :z;=; &M ~ Harry S. Cline HSC:koh Enclosures cc: Mr. and Mrs. George R. Nowak H:\Data \AtyIHSC\Corresp. '03\Fierce.122. wpd i ! I CLWCoverSheet . . FLD2003-01001 1555 SUNSHINE DR Date Received: 1/23/2003 ABSOLUT SYSTEMS ZONING DISTRICT: IRT LAND USE: IL ATLAS PAGE: 271B PAID :: IG~~?; ~lC0 . . George Nowak 1555 Sunshine Drive Clearwater, FL 33765 January 8, 2003 City of Clearwater City Hall Clearwater, FL Re: Parking requirements at above address Dear Sir/Madam, Prior to the fire on June 24, 2002, our business was running at the highest historic level. Our parking requirements at that time never exceeded twelve (12) spaces for employees, and one (1) space for the rare visitor. George R. Nowak Building Owner i i I _11- ie <<I " ~'ilrl' '~,,-,"!'. ~::=,C " '-- -~--- . ',- . : ':-::\ , - ~~~ . ; '''',,'.'' -1:1'1 ,;~~c:' I >~ ~ , l.:'.-~' . . - ~"':'.- -'..: r;:: - ~ ~,1Iap Output :- .iei, Page 1 of 1 http://citygis.clearwater-fl.com/servlet!com.esri.esrimap.Esrimap?ServiceName=OVMap&/. .. 1/23/2003 ~II- -=r,o..r.""" 'II"""; 1&1:7"'~ ..J ""'_VLCL ~ IIW"ftl./l..tL ~_..,...~~...8rlcaolt,. ~I~ III '~:RiI'd ~~ ~ ~ 3 ~ . a Ii I I I . 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I' .::..:.:;,: .~' ROBERT P RESCH. PAGE 01 ROBEJ~.T P. RESCH, III · ARCHITECT 647 Douqlas Avenue · Dunedin. Florida 34698 7211736.1~i:111 Phone Fax 727/7:36-1810 www.rescharC::11Itects.comE-Hail:reschiii@ool.com '.. ~t.;;~.I':..'.;Y.': , .., ~'I<f' ."IJ.f" 7J~~~\ ".~."",;- ~\ \;;,.~~. '1'~"~~":l ,.1 ,TC:;' ,~f:Gt9 :~I turaL Deslgn~Exc.elLencR For Our Truly Unique C90S,lClL E;nvlronment : -' .. ~R,0014990 Offl')T1ng :borchl January 23~ 2003 City of Clearwater Planning Department 100 S. Myrtle Ave. Clearwater, FL. 33756 To Whom It May Concern: " .~ L~lbU;U Y JAN 2 3 2e~3 ~ .. Fax: 727-562-4576 ! ru,!~,. , C' Please accept this letter to accompany the application for Termination of Status at the IC\VC property located at 1555 Sunshine Dr., Clearwater, FL 33765. OUf Firm and O'.vner (George R Nowak) met personally with Mr. Mark Parry at the City of Clearwater last week in order to properly address Section 6~ 1091 Item ell - 4. Please see Sheet AS-2 for our comprehensive Landscape Plan which satisfies Items 1,2, and4 of this Community Development Code Jtem 3 doesn't apply to our project as there are no existing nonconforming signs, outdoor lighting, or other aCCl;:SSOry structures existing on our lot. We hope this letter clarifies any concerns you may have. Feel free to contact me on my business Cj;~U phone at 709-0630 with any addition questions. Smcerely, ~ ~~}~ ~~-~Jf6 __~ Robert P. Resch III. Architect cc: Harry S. Cline John Schodtler Mark Parrv George R. NOW~lk fax: 727-442-8470 fax: 727-562-4576 fax: 727-562-4576 fax: 727-441-6807 ~.~: ,,- . . George Nowak 1555 Sunshine Drive Clearwater, FL 33765 February 3, 2003 City of Clearwater City Hall Clearwater, FL Re: Info you requested. Dear Sir/Madam, Prior to the fire on June 24, 2002, our business at the above address was running at the highest historic level. Our parking requirements at that time never exceeded twelve (12) spaces for employees, and one (1) space for the rare visitor. Presently, we have nine (9) employees. The hours of operation are 8 am to 5 pm. We accept deliveries and make shipments during the same time frame, 8 am to 5 pm. The type of trucks that enter the property are: UPS type vans, box trucks, and 48 ft trailers that common carriers use for pick-ups and deliveries. I If there is any additional information needed, please let me know. George R. Nowa Building Owner fiLE RECE\VED FEB 0 5 2003 PLANNING DEPARTMENT CITY OF CLEARWATER . ROBERT P. RESCH, III 647 Douglas Avenue · Dunedin. Florida 34698 727/736-1911 Phone Fax 727/736-1810 www.rescharchitects.com E-Mail: reschiii@aol.com · AR~IITECT . - . ~ . . - . . ... .. . January 23, 2003 City of Clearwater Planning Department 100 S. Myrtle Ave. Clearwater, FL. 33756 R~:C~l\1~i) FEB 0 5 2003 To Whom It May Concern: PLANNING DEPARTMENT CITY OF CLEARWATER Please accept this letter to accompany the application for Termination of Status at the ICWC property located at 1555 Sunshine Dr., Clearwater, FL 33765. Our Firm and Owner (George R Nowak) met personally with Mr. Mark Parry at the City of Clearwater last week in order to properly address Section 6- 109/ Item C/ 1 - 4. Please see Sheet AS-2 for our comprehensive Landscape Plan which satisfies Items 1, 2, and 4 of this Community Development CodeJtem 3 doesn't apply to our project as there are no existing nonconforming signs, outdoor lighting, or other accessory structures existing on our lot. We hope this letter clarifies any concerns you may have. Feel free to contact me on my business cell phone at 709-0630 with any addition questions. Robert P. Resch III. Architect CC: Harry S. Cline John Schodtler Mark Parry George R. Nowak fax: 727-442-8470 v fax: 727-562-4576 if fax: 727-562-4576 ./ fax: 727-441-6807 ./ ) -:; , , I ~ . . AMENDMENT TO APPLICATION TO TERMINATE NON-CONFORMITY RECEIVED Applicants: George R. and Theresa C. Nowak FEB 0 5 2003 PLANNING DEPARTMENT CITY OF CLEARWATER Property: 1555 Sunshine Drive Clearwater, FL 33765 A. General Applicability Criteria: 1. The project is in harmony with the neighborhood and will in fact be a neighborhood improvement overall. This area is generally developed, and was developed at a time when there was little or no oversight for impervious surfacing, back-out parking, setbacks, landscaping, etc. Many of the properties in the area are developed with little or no recognition of these features, and since they are fully operational, near-term change is unlikely. Rebuilding the damaged portion of the property at 1555 Sunshine Drive, Clearwater, FL 33765, is going to result in additional Open Space, a change from the back-out parking in the front of the building, and specifically creation of landscaping and green space in the front of the facility along Sunshine Drive. In addition there will be improved access and turn features for delivery trucks, which now should be able to make deliveries to the site, and turn the vehicle totally on-site, to avoid backing in, or out of, the subject property. 2. The property is bounded on the south by the Seaboard Railroad track and right-of- way; it is bounded on the east by a relatively intense industrial development with no landscaping, or frontage on Sunshine except for an access road that is contiguous to the northern boundary line of the Applicant's property. Across the street to the west is another industrial site, involving the apparent storage of large tanks or drums, again being a property with virtually 100% impervious surface coverage, with no specific curb cuts or apparent organized parking and access. The property to the north which is undeveloped and used for open storage, is associated with the entrance drive, and the property being used to the east ofthe Applicants' property. Further north there are a series of industrial buildings. All of this area developed some time ago, probably all of it being developed in the County, with very limited setback, landscaping or parking requirements. 3. As to the Applicant's property, prior and proposed activities remaining the same. This property was acquired in 1990 by the present owners. Two (2) activities are conducted on- site: (i) One activity, conducted under the same of ICWC, involves the manufacture of ceiling and wall cleaning products, which are sold worldwide; and (ii) the other activity involves packaging or repackaging for retail sales, resort activities or other business or market activities where a special packaging need exists. As to hours of operation and employees, see attached letter from the owners. H:\DatalAtyIHSClDocslNowak'03.amd.wpd , .~ . . 4. The site plan reflects the current impervious surface situation, and the proposed changes. The Open Space on-site, incident to this redevelopment, will be increased by four (4%) percent. 3. In summary, this is an Industrial area; the Applicants' proposal is consistent with the neighborhood uses and activities, and the resulting redevelopment will address development issues not implemented on other properties in the immediate area. Overall it was developed some time ago under lax or non-existent development restrictions. The redevelopment of this site will represent an overall improvement both functionally as well as aesthetically, and will allow the property owners to reopen their facility which they have owned, and operated, for many years, to operate the same enterprises that existed prior to the fire. B. Criteria for Termination ofNon-Conformin~ Status. 1. Perimeter buffers are to be installed, as reflected on the site plan, except for the southwest comer in the front yard where a significant driveway exists, and is necessary for access to the rear ofthe property. The Applicants are providing additional interior landscaping, and landscaping along the City right-of-way, in excess of code requirements to offset this limitation. 2. Landscaping for parking, per requirements, is reflected on the revised site plan. 3. Any and all signage will be displayed on the building face, but is to be permitted separately after construction. To the knowledge of the Applicants, there is no current non- conforming sign, outdoor lighting or other accessory structures or uses. 4. As to compliance with these sections, see attached letter from project architect dated January 23,2003. H:\DatalAtyIHSC\DocslNowak'03.amd.wpd , ,I . MACFARLANE FERGUSON & McMiiEG:EIVED . ATTORNEYS AND COUNSELORS AT LAW FEB U5 2003 400 NORTH TAMPA STREET. SUITE 2300 625 COURT STREET TAMPA, FLORIDA 33602 PLANNIN6<OEPARlME~T CITY gr;;m.Em'YA'Ui1!::70 1501 SOUTH FLORIDA AVENUE LAKELAND, FLORIDA 33803 (863) e80-9908 FAX (863) 683-2849 P.O. BOX 1531 (ZIP 33601) (813) 273-4200 FAX (813) 273-4396 IN REPLY REFER TO: February 5, 2003 Post Office Box 1669 Clearwater, FL 33757 Mr. Mark Parry City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 VIA HAND DELIVERY Re: Applicants: George R. and Theresa Nowak Property: 1555 Sunshine Drive Clearwater, FL 33765 Application: for termination of non-conformity Dear Mark: Following up on your e-mail sent to me on January 28th, I want to supplement the referenced file in response to your request. Accordingly, enclosed herewith please find the following: 1. Twelve (12) sets of full size Site and Landscape Plans; 2. One (1) original signed and sealed survey, together with twelve (12) copies of the survey, which are annexed or affixed to the site plans filed herewith; 3. Twelve (12) copies of the Amendment to Application, expanding on the general applicability criteria; and 4. Letter from owner identifying employees, hours of operation, etc. I trust you will find the enclosed responsive to your requests; if not, please give me a call. ,i\ "" . . Mr. Mark Parry February 5, 2003 Page 2 As always, thank you for your assistance. Sincerely yours, \ HSC:koh Enclosures cc: Mr. George Nowak Mr. Robert Resch H:IData\AtyIHSCICorresp. '03\Parry .205. wpd Map Request with 500 foot buffer Owner: George R. & Theresa C. Nowak Case: FLD2003-0 1001 Site: 1555 Sunshine Drive Property Size (Acres) : 1.29 ------.-,. PIN: 01- 29- 15- 1 6488-000-0152 I ~- , i Atlas Page: 271B S:\Planning Department\C D B\Flex\Pending eases\Up fer the next DRC\Sunshine 1555 ICWC Warehouse \Maps\Sunshine ) 555 .\1ap Request-doc ! e . CDB Meeting Date: March 18. 2003 Case Number: FLD2003-0 100 1 Agenda Item: B3 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT ORIGINAL BACKGROUND INFORMATION: APPLICANT: George R. and Theresa C. Nowak REPRESENTATIVE: Mr. Harry S. Cline (MacFarlane, Ferguson & McMullen) LOCATION: 1555 Sunshine Drive REQUEST: Termination of the status of nonconforming setbacks to structures, the number of required parking spaces and lot width within the Industrial Research Technology District under the provisions of Section 6-109.C. to permit a (1) front (west) setback along Sunshine Drive of three feet to pavement where 20 feet is required, side (north) setback of two feet to pavement and seven feet to building where 15 feet is required, side (south) setback of zero feet to pavement where 15 feet is required, a rear (east) setback offour feet to pavement where 15 feet is required and three feet to building where 15 feet is required, (2) 16 parking spaces where 38 spaces are required and (3) a lot width of 58 feet where 200 feet is required, , and a Comprehensive Landscape Program to reduce required front buffer from 10 feet to three feet under the provisions of Section 3- 1202.G. PLANS REVIEWED: Site plan submitted by Robert P. Resch, III Architect SITE INFORMATION: PROPERTY SIZE: 1.29 acres; 56,192 square feet DIMENSIONS OF SITE: 58 feet of width by 390 feet of depth PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Manufacturing/light assembly Manufacturing/light assembly I, Industrial Classification Staff Report - Community Development Board - March 18,2003 - Case FLD2003-0 100 1 - Page 1 i I e - ZONING DISTRICT: IRT, Industrial Research Technology District ADJACENT LAND USES: North: Manufacturing West: Manufacturing East: Manufacturing South: Manufacturing CHARACTER OF THE IMMEDIATE VICINITY: Manufacturing, light assembly, warehouse and office uses ANALYSIS: The 1.29-acre site is located on the east side of the terminus of Sunshine Drive, approximately 450 south of Logan Street. The site is located within a highly developed area with a mix of manufacturing, light assembly, warehouse, industrial and office uses. The site had been developed with three, one-story masonry block buildings and is mostly paved with no landscaping. A 10,678 square foot masonry block building located on the site, burned down during the summer of 2002. The remaining two buildings were not seriously damaged. The use of the site will not change with this proposal. The site has a single, undefined curb cut along the front (west) property line (Sunshine Drive) with a single driveway providing access to the rear of the site along the side (south) property line. Seven parking spaces are located along the front (west) side of the site partially within and backing out into the public right-of-way. The request is for the termination of the status of nonconforming setbacks to structures, the number of required parking spaces and lot width within the Industrial Research Technology District under the provisions of Section 6-109.C. and a Comprehensive Landscape Program under the provisions of Section 3-1202.G. The proposal includes the construction of a one-story 10,633 square foot masonry block building 25 feet in height on the existing foundation. The proposed replacement building will house two uses historically conducted on the site; manufacturing and light assembly. The proposed building will be located seven feet from the rear (east) property line, eight feet from the side (north) property line, and 82 feet from the side (south) property line. An existing 10,716 square foot masonry block building exists on the west portion of the site between the proposed building and the front (west) property line. The proposal includes modifying the site by providing additional landscaping along all property lines, decreasing the impervious surface ratio, modifying and improving truck access within the site and providing 16 paved parking spaces including two, Code-compliant handicap spaces. The proposed building will be located directly on the existing concrete foundation which is elevated four feet above grade. The reductions in setbacks are consistent with the setbacks to the existing, elevated foundation. Staff Report - Community Development Board - March 18,2003 - Case FLD2003-01001 - Page 2 e e The site will generally be staffed with between nine and 12 employees during normal hours of operation and the provided number of parking spaces will more than adequately serve the existing use. The hours of operation will be between 8:00 a.m. and 5:00 p.m. Monday through Friday. Deliveries will generally be those hours by a variety of trucks the largest of which will not exceed 48 feet in length. The building will include a cement plaster finish and a metal, standing seam roof. The site is almost completely paved and has minimal landscaping. The landscape plan addresses all existing open spaces available with which to locate landscaping and will result in the removal of approximately 2,200 square feet of paving. The landscape plan meets the intent of Code utilizing a variety of colorful groundcovers, shrubs, shade and ornamental trees. The seven existing parking spaces located on the west side of the site will be replaced with four, Code compliant spaces which will not back out into the right-of-way and will be located completely on the subject site. An area currently used for non-Code compliant parking along the southwest portion of the western building will be replaced with landscaping. In addition, new driveway surface will be provided along the south property line affording adequate maneuvering room for delivery trucks. No existing signs are located on the site. One sign, 20 square feet in area will be located on the existing awning on the front (west) fa~ade of the existing building and meets Minimum Standard Development requirements. Solid waste will continue to be removed via a single dumpster. All stormwater requirements have been met. CODE ENFORCEMENT ANALYSIS: There are no outstanding enforcement issues associated with this site. A. COMPLIANCE WITH MAXIMUM DEVELOPMENT POTENTIAL STANDARD IN THE INDUSTRIAL RESEARCH TECHNOLOGY DISTRICT (Section 2-1301.1): STANDARD REQUIREDI EXISTING PROPOSED IN PERMITTED COMPLIANCE? FLOOR AREA 0.65 0.45 0.45 Yes RA TIO IMPERVIOUS 0.95 0.83 0.79 Yes SURFACE RATIO (ISR) Staff Report - Community Development Board - March 18, 2003 - Case FLD2003-0 100 1 - Page 3 e . B. MINIMUM DEVELOPMENT STANDARDS FOR MANUFACTURING AND LIGHT ASSEMBLY USES IN THE INDUSTRIAL RESEARCH TECHNOLOGY DISTRICT (Section 2-1302): STANDARD PERMITTEDI EXISTING PROPOSED IN REQUIRED COMPLIANCE? LOT AREA 20,000 square 56,192 square 56,192 square Yes (minimum) feet feet feet LOT WIDTH 200 feet 58 feet 58 feet Yes (minimum) FRONT 20 feet West: 30 feet to West: 30 feet to Yes - to building SETBACK building; zero building; three No - to pavement feet to pavement feet to pavement REAR 15 feet East: four feet to East: four feet to No SETBACK pavement; seven pavement; seven foot to building foot to building SIDE 15 feet South:_zero feet South:_zero feet No SETBACK to pavement; 25 to pavement; 25 feet to building feet to building North: zero feet North: zero feet to pavement; to pavement; nine feet to nine feet to building building HEIGHT 50 feet 30 feet 30 feet Yes maximum PARKING 1.5 per 1,000 Seven spaces 16 spaces No SPACES square feet of minimum gross floor area (38 spaces) Staff Report - Community Development Board - March 18, 2003 - Case FLD2003-0 1 00 1 - Page 4 . I e e C. TERMINATION OF STATUS AS A NONCONFORMITY CRITERIA IN THE COMMERCIAL DISTRICT (Section 6-109 (C)): 1. Perimeter buffers conforming to the requirements of Section 3-1202(D) shall be installed. Because of the unique shape of the site, the existing building and foundation placement and the parking/drive aisle location, the width of landscape buffers are fixed. Perimeter buffer requirements include a lO-foot landscape buffer along Sunshine Drive and a five-foot landscape buffer along all other sides. The site currently has no landscaping and parking within the right-of-way along Sunshine Drive. The proposal will provide three feet of landscape along the front (west) property with an additional 15 feet of landscaping within the right-of-way (as approved by the Public Works Administration). A minimum of five feet of landscaping will be provided along all other property lines. Landscape islands constituting 2,200 square feet in area will be located along the south side of the western- most building. The applicant has requested a Comprehensive Landscape Program due to the site's inability to fully meet all Code requirements. 2. Off-street parking lots shall be improved to meet the landscaping standards established in Section 3-1202(E). The site was developed with three buildings (one of which burned down during the summer of 2002 and is proposed to be replaced with this development) and a main parking area south of the west building. Four parking spaces will be located on the west side of the site along Sunshine Drive. An additional 1,424 square feet of landscaping will be installed within the main parking area. 3. Any nonconforming sign, outdoor lighting or other accessory structure or accessory use located on the lot shall be terminated, removed or brought into conformity with this development code. There are no signs located on the property and no signs are proposed with this development. In addition, there are no nonconforming outdoor lighting, accessory structures or uses located on the site. There is only one sign proposed for this site, and includes a 20 square foot attached sign to be located on the existing awning on the front (west) fa<;ade of the building facing Sunshine Drive. The sign will be in compliance with the Minimum Standard Development requirements of the Code. The main parking lot at the north side of the site is lighted and meets Code provisions. No accessory structures or uses are currently located on the site. Staff Report - Community Development Board - March 18, 2003 - Case FLD2003-0 I 00 I - Page 5 e e 4. The comprehensive landscaping and comprehensive sign programs may be used to satisfy the requirements of this section. The applicant has requested a Comprehensive Landscape Program, due to the irregular site shape and existing building and parking lot/drive aisle placement. While perimeter buffer width along the front (west) property line along Sunshine Drive cannot be met, the intent of Code will be satisfied with additional plantings, as approved by Staff, within the public right-of-way. The total width of the landscaped area along Sunshine Drive will be approximately 13 feet exceeding Code requirements. The subject property was developed with three, one-story buildings used for manufacturing purposes, is generally paved and has little or no landscaping. One of the buildings burned down during the summer of 2003. The site has a single curb cut extending the width of the site along Sunshine Drive and a single driveway along the side (south) property line providing access to the rear of the site. The proposal will provide a new building and landscaping along all property lines which meets the intent of Code and includes the removal of 2,200 square feet of paving. D. GENERAL APPLICABILITY (Section 3-913): Conditions which are imposed by the Community Development Coordinator and the Community Development Board pursuant to a Level One or a Level Two Approval shall ensure that: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density, and character of adjacent properties in which it is located. The site is located within a highly developed area with a mix of manufacturing, light assembly, warehouse and office uses. The subject property had been developed with three, one-story masonry block buildings and is generally paved. A 10,678 square foot masonry block building burned down during the summer of 2002. The remaining buildings were not seriously damaged. The use of the site will not change with this proposal. The site has an undefined curb cut along the front (west) property line and a single driveway along the side (south) property line. The replacement building will be 30 feet in height. The site and proposed, replacement building house two uses; manufacturing and light assembly. The use will not change with this proposal. The proposal includes modifying the site to provide additional landscaping along all property lines thereby decreasing the amount of impervious surface, modifying and improving truck access on the site and providing 16 paved parking spaces including two, Code-compliant handicap spaces. The proposed building will be located directly on the existing concrete foundation which is elevated four feet above grade. The site will generally be staffed with between nine and 12 employees at any given time and the provided number of parking spaces will more than adequately serve the existing use. The hours of operation will be between 8:00 a.m. and 5:00 p.m. Monday through Friday. Deliveries will generally be those hours by a variety of trucks the largest of which will not exceed 48 feet in length. It will provide a positive redevelopment example for the area. The development complies with density and impervious surface ratio standards within the Industrial Research Technology District. The proposal is consistent and in harmony with scale, bulk, coverage, density and character of the adjacent properties. Staff Report - Community Development Board - March 18, 2003 - Case FLD2003-0 1 00 1 - Page 6 e e 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 site is zoned Industrial Research Technology District and characterized by a mix of manufacturing, light assembly, warehouse and office uses. The current manufacturing and light assembly uses of the site will not change with this proposal. The character and intensity of the proposed development will be in compliance with that zoning classification with anew, building with landscaping. The development complies with density and impervious surface ratio standards within the Industrial Research Technology District. The proposal will help encourage similar redevelopment of adjacent sites. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. The proposed governmental use should not create any adverse health or safety impacts in the neighborhood. The proposal includes the reconstruction of a one-story 10,633 square foot masonry block building to house the current manufacturing use on the existing, original foundation with landscaping. The development should enhance the health and safety of persons residing and/or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. The proposal includes developing the site with a single, replacement building to be located on an existing foundation, modified delivery truck route and landscaping along all property lines. The overall vehicle trip generation should not increase in the area with the proposal and should not have any significant, negative impact on affected intersections or roadways and with no reduction in level of service (LOS) on Sunshine Drive. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The proposed development is consistent with and will raise the standards of the community character of the immediate vicinity, through a new building and well-designed landscaping. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The proposal includes removing existing pavement and reconstructing a 10,633 square foot building with well-designed landscaping. Adequate parking and landscaping in excess of Code requirements will be provided. The level of service on Sunshine Drive will not be degraded. Staff Report - Community Development Board - March 18, 2003 - Case FLD2003-0 100 1 - Page 7 i i I e e SUMMARY AND RECOMMENDATION: The application and supporting materials were reviewed by the Development Review Committee on February 13, 2003. The Planning Department recommends APPROVAL of the Flexible Development application for the Termination of the status of nonconforming setbacks to structures, the number of required parking spaces and lot width within the Industrial Research Technology District under the provisions of Section 6-109.C. to permit a (1) front (west) setback along Sunshine Drive of three feet to pavement where 20 feet is required, side (north) setback of two feet to pavement and seven feet to building where 15 feet is required, side (south) setback of zero feet to pavement where 15 feet is required, a rear (east) setback of four feet to pavement where 15 feet is required and three feet to building where 15 feet is required, (2) 16 parking spaces where 38 spaces are required and (3) a lot width of 58 feet where 200 feet is required, , and a Comprehensive Landscape Program to reduce required front buffer from 10 feet to three feet under the provisions of Section 3-1202.G. for the site at 1555 Sunshine Drive, with the following bases and conditions. Bases for Approval: 1. The proposal complies with the Flexible Development criteria for a Termination of Nonconformity per Section 6-109.C. 2. The proposal is in compliance with the Comprehensive Landscape Program criteria per Section 3-1202.G. 3. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 4. The development is compatible with the surrounding area and will enhance other redevelopment efforts. Conditions of approval: 1. That the final design and color of the building be consistent with the conceptual elevations submitted or as modified by the CDB; 2. That all Fire Code requirements be met prior to the issuance of any permits; 3. That if the proposed floor area increases 50% or more of previous structure Open Space Impact Fees will be payable prior to the issuance of a building permit or final plat, whichever occurs first. 4. That all signage meet the requirements of Code and be designed according to a common theme including similar style, color, material and other characteristics to provide a sense of uniformity; Staff Report - Community Development Board - March 18,2003 - Case FLD2003-01001 - Page 8 , , , I I " e Prepared by: Planning Department Staff: ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application Mark T. Parry, Planner S:\Planning Departmen^C D BlFlexV'ending cases\Up for the next DRC\Sunshine 1555 1CWC Warehouse\Sunshine 1555 STAFF REPORT. doc Staff Report - Community Development Board - March 18,2003 - Case FLD2003-01001 - Page 9 . . I~~~ ~~,,~~Lo~~A l.$-M~~ !~ _)1/- . ~\. ~~~~ ~~~~~~ CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (]27) 562-4567 FAX (727) 562-4865 PLANNING DEPARTMENT March 21, 2003 Mr. Harry S. Cline. Esq. MacFarlane, Ferguson & McMullen PO Box 1669 Clearwater, Florida 33757 RE: Development Order regarding Case FLD2003-01001 at 1555 Sunshine Drive Dear Mr. Cline: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On March 18, 2003, the Community Development Board reviewed your application for Flexible Development approval for the Termination of the status of nonconforming setbacks to structures, the number of required parking spaces and minimum lot width within the Industrial Research Technology District under the provisions of Section 6-109.C. to permit a (1) front (west) setback along Sunshine Drive of three feet to pavement where 20 feet is required, side (north) setback of two feet to pavement and seven feet to building where 15 feet is required, side (south) setback of zero feet to pavement where 15 feet is required, a rear (east) setback of four feet to pavement where 15 feet is required and three feet to building where 15 feet is required, (2) 16 parking spaces where 38 spaces are required and (3) a lot width of 58 feet where 200 feet is required, and a Comprehensi ve Landscape Program to reduce required front buffer from 10 feet to three feet under the provisions of Section 3-1202.G. The proposal includes the construction of a one-story, 10,633 square foot masonry block building 25 feet in height on the existing foundation. The proposed replacement building will house two uses (manufacturing and light assembly) historically conducted on the site. The Community Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria for a Termination of Nonconformity per Section 6-109.C. 2. The proposal is in compliance with the Comprehensive Landscape Program criteria per Section 3- 1202.G. 3. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 4. The development is compatible with the surrounding area and will enhance other redevelopment efforts. BRIAN). AUNGST, MAYOR-COMMISSIONER WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BU.L]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" March 21, 2003 Cline - Page Two . . Conditions of approval: 1. That the final design and color of the building be consistent with the conceptual elevations submitted or as modified by the CDB; 2. That all Fire Code requirements be met prior to the issuance of any permits; 3. That if the proposed floor area increases over 50 percent or more of previous structure, Open Space Impact Fees will be payable prior to the issuance of a building permit or final plat, whichever occurs first. 4. That all signage meet the requirements of Code and be designed according to a common theme including similar style, color, material and other characteristics to provide a sense of uniformity; Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (March 18, 2004). All required certificates of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Board may grant an extension of time for a period not to exceed one year and only within the original period of validity. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. In addition, an appeal of a Level Two approval (Flexible Development) may be initiated by a property owner abutting the property (which is the subject of the approval) within 14 days of the date of the CDB decision. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case will expire on April 1, 2003. If you have any questions, please do not hesitate to call Mark Parry, Planner at 727.562.4558. Zoning information is available through the City's web site at www.c1earwater-fl.com via the "Clearwater Parcel and Zoning" link and "Community Development Code" link (via the Planning Department site). Very truly yours, ~~~ Cynthia H. Tarapani, AICP Planning Director CC: George and Theresa Nowak, Property Owners S:\Planning Departmenf\C D B\Fle;Nnactive or Finished Applications\Sunshine 1555 [CWC Warehouse - Approved\Sunshine 1555 DEVELOPMENT ORDER. doc . . ~~~ ~~~ ~ ,)1, ~\ ~ -- -. -;::c/j ~r:: "'-- ~~ ~- ~ ~~- p~~~W ~~~ CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SmITH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (]27) 562-4567 FAX (727) 562-4865 PlANNING DEPARTMENT March 21, 2003 Mr. Harry S. Cline. Esq. MacFarlane, Ferguson & McMullen PO Box 1669 Clearwater, Florida 33757 RE: Development Order regarding Case FLD2003-01001 at 1555 Sunshine Drive Dear Mr. Cline: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On March 18, 2003, the Community Development Board reviewed your application for Flexible Development approval for the Termination of the status of nonconforming setbacks to structures, the number of required parking spaces and minimum lot width within the Industrial Research Technology District under the provisions of Section 6-109.C. to permit a (1) front (west) setback along Sunshine Drive of three feet to pavement where 20 feet is required, side (north) setback of two feet to pavement and seven feet to building where 15 feet is required, side (south) setback of zero feet to pavement where 15 feet is required, a rear (east) setback of four feet to pavement where 15 feet is required and three feet to building where 15 feet is required, (2) 16 parking spaces where 38 spaces are required and (3) a lot width of 58 feet where 200 feet is required, and a Comprehensi ve Landscape Program to reduce required front buffer from 10 feet to three feet under the provisions of Section 3-1202.G. The proposal includes the construction of a one-story, 10,633 square foot masonry block building 25 feet in height on the existing foundation. The proposed replacement building will house two uses (manufacturing and light assembly) historically conducted on the site. The Community Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria for a Termination of Nonconformity per Section 6-109.C. 2. The proposal is in compliance with the Comprehensive Landscape Program criteria per Section 3- 1202.G. 3. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 4. The development is compatible with the surrounding area and will enhance other redevelopment efforts. BRIAN]. AUNGST, MAYOR-COMMISSIONER WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BILL]ONSON, COMMISSIONER "EQUAl. EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" March 21, 2003 Cline - Page Two . . Conditions of approval: 1. That the final design and color of the building be consistent with the conceptual elevations submitted or as modified by the CDB; 2. That all Fire Code requirements be met prior tothe issuance of any permits; 3. That if the proposed floor area increases over 50 percent or more of previous structure, Open Space Impact Fees will be payable prior to the issuance of a building permit or final plat, whichever occurs first. 4. That all signage meet the requirements of Code and be designed according to a common theme including similar style, color, material and other characteristics to provide a sense of uniformity; Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (March 18, 2004). All required certificates of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Board may grant an extension of time for a period not to exceed one year and only within the original period of validity. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. In addition, an appeal of a Level Two approval (Flexible Development) may be initiated by a property owner abutting the property (which is the subject of the approval) within 14 days of the date of the CDB decision. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case will expire on April 1, 2003. If you have any questions, please do not hesitate to call Mark Parry, Planner at 727.562.4558. Zoning information is available through the City's website at www.c1earwater-f1.com via the "Clearwater Parcel and Zoning" link and "Community Development Code" link (via the Planning Department site). Very truly yours, ~~~ Cynthia H. Tarapani, AICP Planning Director CC: George and Theresa Nowak, Property Owners S:\Planning Departmenf\C D B\Fle;Nnactive or Finished Applications\Sunshine 15551CWC Warehouse - Approved\Sunshine 1555 DEVELOPMENT ORDER. doc . . CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUIlDING, 100 SOUTH MYRUE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (127) 562-4567 FAX (727) 562-4865 PlANNING DEPARTMENT March 21, 2003 Mr. Harry S. Cline. Esq. MacFarlane, Ferguson & McMullen PO Box 1669 Clearwater, Florida 33757 P:~~ ~ ~Q~~ Development Order regarding Case FLD2()()3 01001 at 1555 Sunshine Drive RE: Dear Mr. Cline: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On March 18, 2003, the Community Development Board reviewed your application for Flexible Development approval for the Termination of the status of nonconforming setbacks to structures, the number of required parking spaces and minimum lot width within the Industrial Research Technology District under the provisions of Section 6-109.C. to permit a (1) front (west) setback along Sunshine Drive of three feet to pavement where 20 feet is required, side (north) setback of two feet to pavement and seven feet to building where 15 feet is required, side (south) setback of zero feet to pavement where 15 feet is required, a rear (east) setback of four feet to pavement where 15 feet is required and three feet to building where 15 feet is required, (2) 16 parking spaces where 38 spaces are required and (3) a lot width of 58 feet where 200 feet is required, and a Comprehensive Landscape Program to reduce required front buffer from 10 feet to three feet under the provisions of Section 3-1202.G. The proposal includes the construction of a one-story, 10,633 square foot masonry block building 25 feet in height on the existing foundation. The proposed replacement building will house two uses (manufacturing and light assembly) historically conducted on the site. The Community Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria for a Termination of Nonconformity per Section 6-109.C. 2. The proposal is in compliance with the Comprehensive Landscape Program criteria per Section 3- 1202.G. 3. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 4. The development is compatible with the surrounding area and will enhance other redevelopment efforts. il BRIAN J. AUNGST, MAYOR-COMMISSIONER WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYf HAMILTON, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BU.L]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATNE ACTION EMPLOYER" March 21, 2003 Cline - Page Two . . Conditions of approval: 1. That the final design and color of the building be consistent with the conceptual elevations submitted or as modified by the CDB; 2. That all Fire Code requirements be met prior to the issuance of any permits; 3. That if the proposed floor area increases over 50 percent or more of previous structure, Open Space Impact Fees will be payable prior to the issuance of a building permit or final plat, whichever occurs first. 4. That all signage meet the requirements of Code and be designed according to a common theme including similar style, color, material and other characteristics to provide a sense of uniformity; Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (March 18, 2004). All required certificates of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Board may grant an extension of time for a period not to exceed one year and only within the original period of validity. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. In addition, an appeal of a Level Two approval (Flexible Development) may be initiated by a property owner abutting the property (which is the subject of the approval) within 14 days of the date of the CDB decision. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case will expire on April 1, 2003. If you have any questions, please do not hesitate to call Mark Parry, Planner at 727.562.4558. Zoning information is available through the City's website at www.clearwater-fl.com via the "Clearwater Parcel and Zoning" link and "Community Development Code" link (via the Planning Department site). Very truly yours, ~'~ Cynthia H. Tarapani, AICP Planning Director CC: George and Theresa Nowak, Property Owners S:\P/anning Depanmenf\C D B\F/eXllnactive or Finished Applications\Sunshine 1555 1CWC Warehouse - ApprovedlSunshine 1555 DEVELOPMENT ORDER. doc MAR-17-03 04:48 PM FiiA1NE APPAREL CO 72.1770 P.01 1 I I I March 17. 2003 Tyler G. Fontaine 1603 Sunshine Dr. Clearwater, FL 33'765 Mark Perry City of Clearwater Community Development Board 100 S. Myrtle Avenue Clearwater, FL 33756 Re:FLD2003-01001 Dear Mark, After speaking with you and the architect Robert Resch concerning the property at 1555 Sunshine Dr.. Clearwater, FL , I understand the project and do not object to the proposed site plan. ' Thank you for your tim~ 011 this matter. I I ! i I I I I \ I I I I I I I I Sincerely, ~./~ Tyler G. Fontaine FILE r-.":. ----~-- I "~I ' II Ii' :: '; tc I 'i~ U I U.: i ' 1\ \ I ,.: MAR 1 7 2003 ! IU 1..:\ I ' i r\J. i I I I I .,,',.t,,". - ---, ~ , . . ' >- LL o I- (j FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 -- TO: ( . ~74""'" FAX: liCf, .(770 Phone: FROM: M. a~r( DATE: ' ~'(1'G1~ Phone: > Ct. Cf>s r SUBJECT: [ S ~ '5 f e,..;7 r;t, :,. e. D/'. MESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE) Z- . ,.., , f ' , .", .:; 6f6 ~ . . JOlIN M. ELIAS, PeA. Attorney at Law ;, ,,.. In " .: DmhUl, Prolesslonal Cemer · 611 Dmtd Road Eat. SuIte S12 · Cleanraler. florlda 33756 · (727) 461.0210 . Fax (727) 461-2433 . March 12, 2003 : I VIA FAX TO 562-4865 & REGULAR MAIL , , I, Cyndi Tarapani, Planning Director City of Clearwater Community Development Board 100 S. Myrtle Avenue Clearwater, FL 33756 E.IL.E Re: FLD2003~1~~1 Dear Ms. Tarapani: t I I I have been asked to write this letter on behalf of Fontaine Apparel Company, Inc. located at 1603 Sunshine Drive, Clearwater, FL. Fontaine Apparel owns property adjacent to the parcel owned by George R. and Theresa C. Nowak. Please accept this letter as a letter of objection to the request for termination of nonconforming setbacks scheduled for hearing on March 18, 2003 at 2:00 p.m. Mr. Tyler Fontaine of Fontaine Apparel Company, Inc. will be at the March 18th hearing to personally advise the Board of his concerns and reasons for his objection. i '.,' I I I ~in, cer, ely y'\,rsrs" U/')J!,~ l~~IAS : JME:nse cc: Mr. Tyler Fontaine , ~ ~ '616' - ~ERl1FIFJ) tJl'B.1r . . JOHN M. ELIAS, P.A.. Attorney at Law Dnhlll Ptot..lonal CenleT . 611 DnItd Ro.d I!'.ul. S~ICe '12 · 0.-...,. P'klfWa 117$6 · 17'1.71 "1.0220 · 'u 1721l .ul.1A33. DATE: TO: FAX FROM: FACSIMILE l Y.2~.2 · I ~-t/J1L: ~ Y))~'~. O~--Ml"'~ [l,A~ - /. &--v>>/nWAtJ"1-. 62uJ~"~~,~ n ~ILE . ~ ~)( f) (t3 -/)/ eX> / mls FAX ~SISTS OF .:2.. PAGES, INCLUDING COVER PAGE. Sent By: ~ Original Documents will ~ will not be sent by mail. This facsimile contains PRIVILEGED AND CONFIDENTIAL infonnation intended ONLY for the use of the addressee named above. If you are not the intended recipient of this facsimile or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited. If you receive this facsimile in error, please immediately notify us by telephone and return the original facsimile to uS at the above address via U.S. Man. We will reimburse you for the postage. Td WdPT:Z0 Z00C cT '~~w ZZPC t9P LCL 'ON 3NOHd S3)1~~0 M~l wo~~ .. . . ...... ..... JOHN M.'ELIAS, P.A. Attorney, at Law ,':',"..' : " ". , ,:; "';\i' 'i::". "','~~h1IJ ~~onai' c.nkt. 6t 1 DrvidRoad EMUul~ 512 - CIe....~(. .10"" 3..'756- mm 441..)220 -, P"~t7i2'~461 '243'. ~':~;"':"::~":: ~.,.','.':'.>,~ ~,'I,.",;"..,'. ,":,' ",;' .","'" " , '. '. ., , . . , ,,' '., ' , "'. , :' .~' ., . ,\:. . . March 12, 2003 VIA FAX TO 562-4865 & ~GUL.AR MAlL Cyndi Tarapani, Planning Director City of Clearwater Community Development Board 100 S. Myrtle Avenue Clearwater, FL 33756 Re: FLD2oo3-01001 Dear Ms. Tarapani: I have been asked to write this letter on behalf of Fontaine Apparel Company, Inc. located at 160~ Sunshine Drive, Clearwater:, FL. Fontaine Apparel owns property adjacent to the parcel owned by George R. and Theresa C. Nowak. Pl~ accept this letter as a letter of objection to the request for termination of nonconforming setbaeks scheduled for hearing on Maroh 18,2003 at 2:00 p.m. Mr. Tyler Fontaine of Fontaine Apparel Company, Inc. will be at the March ISlh hearing to personally advise the Board of his concerns and reasons for his objection. ~~cerelY Y\,rr55,, , lJd?AL0)Jr~~ i~~.-E~AS JME:nse cc: Mr. Tyler Fontaine cd Wdpl:ze ~00c cT '~ew ~~PC T9p LCL 'ON 3NOHd S3JI~~0 M~l WOd~ . e From: Sent: To: Subject: Parry, Mark Tuesday, January 28, 2003 10:04 AM 'hsc@clw.macfar.com' 1555 Sunshine Drive Importance: High Harry, The application is incomplete. Here's what I need to make it complete and get it rolling along to the Feb DRC. . 12 sets of full-sized site and landscape plans · 1 original signed and sealed survey and 12 copies of the survey · The General Applicability Criteria fully addressed - they were not. 1. Explain how the project is in harmony with the neighbourhood - what's going on in the area, types of uses and buildings? 2. How have adjacent properties been developed - with similar setbacks? Uses? 3. What were the prior activities? 4. Provide number of employees, hours of operation and deliveries, method of delivery, provide truck paths, etc. 5. How will the landscape improve the area, how much impervious surface is being removed? What is out there now? 6. Describe the past, current and future operations. Number of employees, hours of operations, etc. · The four criteria for Termination of Status of Nonconformity <~i · The site plan is deficient in some areas although they can be addressed later: 1 . No bar scale 2. Not all dimensions shown 3. Sight visibility triangles not shown 4. Location of solid waste containers not shown 5. Stormwater facilities not shown 6. Site data table not provided to include (this part I need now, actually): * Land area in square feet and acres * Parking spaces - total existing and proposed and required * Total paved area - in square feet and percentage of the site * Existing utility easements * Building and structure heights * ISR - existing and proposed * FAR - existing and proposed · Requirements for developments over one acre including: 1. One foot contours or elevations 2. All open space areas 3. Location of all earth or water retaining walls and earth berms 4. Lot and building liens dimensioned 5. Streets and drives dimensioned · Stormwater plan/calculations - nothing required by the Code was submitted. Either submit all required data or get a sign off from Stormwater that none of it is needed (this needs to be . . taken care of now. I suspect that Stormwater will simply sign off with a "N/A") . The landscape plan was missing some information including: 1. Sight visibility triangles 2. Drainage and retention areas 3. Delineation of parking area including curbs 4. Existing trees on or adjacent to the site including canopy/drip line 5. Planting details 6. Irrigation plan and/or notes . Building elevations . Signage - existing and/or proposed, as applicable (if no new signage is proposed then photos will do) Mark T. Parry Planner City of Clearwater Planning Department 727.562.4558 mparry@clearwater-fl.com i e :ClI t ;fl f: If t, \ . i ( ! " .i ,> , i,~ 'j ".t, ~ . e ie Aerial Photograph Owner: George R. & Theresa C. Nowak Case: fLD2003-Q 100 1 Site: 1555 Sunshine Drive Property Size (Acres): 1.29 PIN: 01-29-15- 16488-000-0 152 A tlas Page: 271B - ? . . -l REQUEST: Termination of the status of nonconforming setbacks to structures, the number of required parking spaces and lot width within the Industrial Research Technology District under the provisions of Section 6-109.C. to permit a (1) front (west) setback along Sunshine Drive of three feet to pavement where 20 feet is required, side (north) setback of two feet to pavement and seven feet to building where 15 feet is required, side (south) setback of zero feet to pavement where 15 feet is required, a rear (east) setback of four feet to pavement where 15 feet is required and three feet to building where 15 feet is required, (2) 16 parking spaces where 38 spaces are required and (3) a lot width of 58 feet where 200 feet is required, , and a Comprehensive Landscape Program to reduce required front buffer from 10 feet to three feet under the provisions of Section 3- 1202.0. ANALYSIS: The 1.29-acre site is located on the east side of the terminus of Sunshine Drive, approximately 450 south of Logan Street. The site is located within a highly developed area with a mix of manufacturing, light assembly, warehouse, industrial and office uses. The site had been developed with three, one-story masonry block buildings and is mostly paved with no landscaping. A 10,678 square foot masonry block building located on the site, burned down during the summer of 2002. The remaining two buildings were not seriously damaged. The use of the site will not change with this proposal. The site has a single, undefined curb cut along the front (west) property line (Sunshine Drive) with a single driveway providing access to the rear of the site along the side (south) property line. Seven parking spaces are located along the front (west) side of the site partially within and backing out into the public right-of-way. The request is for the termination of the status of nonconforming setbacks to structures, the number of required parking spaces and lot width within the Industrial Research Technology District under the provisions of Section 6-109.C. and a Comprehensive Landscape Program under the provisions of Section 3-1202.0. The proposal includes the construction of a one-story 10,633 square foot masonry block building 25 feet in height on the existing foundation. The proposed replacement building will house two uses historically conducted on the site; manufacturing and light assembly. The proposed building will be located seven feet from the rear (east) property line, eight feet from the side (north) property line, and 82 feet from the side (south) property line. An existing 10,716 square foot masonry block building exists on the west portion of the site between the proposed building and the front (west) property line. The proposal includes modifying the site by providing additional landscaping along all property lines, decreasing the impervious surface ratio, modifying and improving truck access within the site and providing 16 paved parking spaces including two, Code-compliant handicap spaces. The proposed building will be located directly on the existing concrete foundation which is elevated four feet above grade. The reductions in setbacks are consistent with the setbacks to the existing, elevated foundation. CDB Notes - Community Development Board - March 18,2003 - Case FLD2003-01001 - Page 1 -~ . . .. The site will generally be staffed with between nine and 12 employees during normal hours of operation and the provided number of parking spaces will more than adequately serve the existing use. The hours of operation will be between 8:00 a.m. and 5:00 p.m. Monday through Friday. Deliveries will generally be those hours by a variety of trucks the largest of which will not exceed 48 feet in length. The building will include a cement plaster finish and a metal, standing seam roof. The site is almost completely paved and has minimal landscaping. The landscape plan addresses all existing open spaces available with which to locate landscaping and will result in the removal of approximately 2,200 square feet of paving. The landscape plan meets the intent of Code utilizing a variety of colorful groundcovers, shrubs, shade and ornamental trees. The seven existing parking spaces located on the west side of the site will be replaced with four, Code compliant spaces which will not back out into the right-of-way and will be located completely on the subject site. An area currently used for non-Code compliant parking along the southwest portion of the western building will be replaced with landscaping. In addition, new driveway surface will be provided along the south property line affording adequate maneuvering room for delivery trucks. No existing signs are located on the site. One sign, 20 square feet in area will be located on the existing awning on the front (west) fa~ade of the existing building and meets Minimum Standard Development requirements. Solid waste will continue to be removed via a single dumpster. All stormwater requirements have been met. SUMMARY AND RECOMMENDATION: The application and supporting materials were reviewed by the Development Review Committee on February 13, 2003. The Planning Department recommends APPROVAL of the Flexible Development application for the Termination of the status of nonconforming setbacks to structures, the number of required parking spaces and lot width within the Industrial Research Technology District under the provisions of Section 6-109.C. to permit a (1) front (west) setback along Sunshine Drive of three feet to pavement where 20 feet is required, side (north) setback of two feet to pavement and seven feet to building where 15 feet is required, side (south) setback of zero feet to pavement where 15 feet is required, a rear (east) setback of four feet to pavement where 15 feet is required and three feet to building where 15 feet is required, (2) 16 parking spaces where 38 spaces are required and (3) a lot width of 58 feet where 200 feet is required, , and a Comprehensive Landscape Program to reduce required front buffer from 10 feet to three feet under the provisions of Section 3-1202.0. for the site at 1555 Sunshine Drive, with the following bases and conditions. CDB Notes - Community Development Board - March 18,2003 - Case FLD2003-01001 - Page 2 .J . . . Bases for Approval: 1. The proposal complies with the Flexible Development criteria for a Termination of Nonconformity per Section 6-109.C. 2. The proposal is in compliance with the Comprehensive Landscape Program criteria per Section 3-1202.G. 3. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 4. The development is compatible with the surrounding area and will enhance other redevelopment efforts. Conditions of approval: 1. That the final design and color of the building be consistent with the conceptual elevations submitted or as modified by the CDB; 2. That all Fire Code requirements be met prior to the issuance of any permits; 3. That if the proposed floor area increases 50% or more of previous structure Open Space Impact Fees will be payable prior to the issuance of a building permit or final plat, whichever occurs first. 4. That all signage meet the requirements of Code and be designed according to a common theme including similar style, color, material and other characteristics to provide a sense of uniformity; CDB Notes - Community Development Board - March 18,2003 - Case FLD2003-01001 - Page 3 . . . S:\Planning DepanmenflC D B\FleXlinactive or Finished Applications\Sunshine 1555 1CWC Warehouse - Approved\Sunshine 1555 STAFF REPORT. doc CDB Notes - Community Development Board - March 18,2003 - Case FLD2003-01001 - Page 4