FLD2003-01001
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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: ~
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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~:
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'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.
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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
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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)
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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;
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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
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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
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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:
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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
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STATE OF FLORIDA,
COUNTY OF PINa.LAS
My Commission Expires: (P/4/0lJ.
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/ t::) 1 day of
who having been first duly sworn
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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
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S:\l'Ianning DepartmentlApplication Formsldeve/opment review 12002 Forms\residential infill application 2002.ii!l"ilif.;r..~;"
BONDED rrlRU TROY FAIN INSURANCE. INC
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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.
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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.
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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.
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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.
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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.
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January 23, 2003
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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
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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
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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.
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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
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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:
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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
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Page 1 of 6 - Flexible Development Application - City of Clearwater
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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
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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
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@)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": ~,'~
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Page 2 of 6 - Flexible Development Application - City of Clearwater
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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;
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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.
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Page 3 of 6 - Flexible Development Application - City of Clearwater
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STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and
4-202.A.21)
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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
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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.
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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
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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.
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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:
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Page 5 of 6 - Aexible Development Application - City of Clearwater
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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
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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
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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 ,}- ~~~-
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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
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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
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~OOK 'J9~ PAGE 361
t90090016
A, I). 11190 "v
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wll..UANT1 ~'''D
,..a"'I'D. t6 _a,wle
PINELLI\S COUNTY rL.n.
INST . 9"-2671'7fl
lids llIanatlty Dttd ~I".I.. ,lor
~.
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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
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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,
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........."'" .... IIIl t. 2..:l( 7. ~_
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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 :,
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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
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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
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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
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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
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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:
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JAN 2 3 2e~3 ~ ..
Fax: 727-562-4576
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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, ~
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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
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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
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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
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January 23, 2003
City of Clearwater
Planning Department
100 S. Myrtle Ave.
Clearwater, FL. 33756
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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 ./
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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
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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
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MACFARLANE FERGUSON & McMiiEG:EIVED
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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.
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Mr. Mark Parry
February 5, 2003
Page 2
As always, thank you for your assistance.
Sincerely yours,
\
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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
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PIN:
01- 29- 15- 1 6488-000-0152
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
.
.
~~~
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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
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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.
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Sincerely,
~./~
Tyler G. Fontaine
FILE
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FAX COVER MEMO
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE., 2nd Floor
CLEARWATER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
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FAX: liCf, .(770
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FROM: M. a~r(
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MESSAGE:
NUMBER OF PAGES(INCLUDING THIS PAGE) Z-
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JOlIN M. ELIAS, PeA.
Attorney at Law
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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:
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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.
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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.
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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.
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JOHN M.'ELIAS, P.A.
Attorney, at Law
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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
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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
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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
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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
-~
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.
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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
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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
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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