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FLD2010-12032; 24244 US HWY 19 N; ASHLEY FURNITURE.r FLD2010-12032 24244 US HIGHWAY 19 N Date Received: 12/1/2010 9:56:48 AM Ashley Furniture ZONING DISTRICT: LAND USE: ATLAS PAGE : 254B PLANNER OF RECORD: PLANNER: A. Scott Kurleman, Planner III CDB Meeting Date: February 15, 2011 Case Number: FLD2010-12032 Agenda Item: D. 2. Owner/Applicant: Ashley Furniture Industries, Inc. h Address: 24244 U.S. Hwy 19 Nort CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development application to permit retail sales and service in the Commercial (C) District with a lot area of 177,829 square feet, a lot width of 244 feet (along U.S. Hwy 19 N), 560 feet (along Haas Avenue), 355 feet (along Lawson Road), a front (east) setback of 42.9 feet (to existing pavement) and 292 feet (to existing building), a front (north) setback of 10 feet (to existing pavement) and 20 feet (to existing building), a front (west) setback of 6.9 feet (to existing pavement) and 51.3 feet (to existing building), a side (south) setback of 4.3 feet (to existing pavement) and 102 feet (to existing building), a side (east) setback of zero feet (to existing pavement) and 76 feet (to existing building), a side (south) setback of zero feet (to existing pavement), a building height of 45 feet (to peak of roof), and 218 parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-704.C. and a reduction to the required west perimeter landscape buffer from 10 feet to seven feet, a reduction to the required south landscape buffer from five feet to zero feet, a reduction to the required foundation plantings from five feet to zero feet on the west and east facades and to allow interior landscape islands of less than 150 square feet and less than eight feet in width from back of curb to back of curb as a Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G. CURRENT ZONING: Commercial (C) District CURRENT LAND USE PLAN CATEGORY: Commercial Low (CL) and Residential/Office/Retail (R/O/R) PROPERTY USE: Current Use: Vacant Proposed Use: Retail Sales/Services Community Development Board -February 15, 2011 FLD2010-12032 - Page 1 EXISTING North: Unincorporated, Commercial SURROUNDING Vacant ZONING AND USES: South: Commercial (C) District Retail Sales and Service East: Mobile Home Park (MHP) District Mobile Homes West: Medium Density Residential (MDR) District Attached Dwellings ANALYSIS: Site Location and Existing Conditions: The 4.08 acre subject property is located on the west side of U.S. Highway 19 N. between Haas Avenue and Lawson Road. The property has three front property lines and three side property lines. A 43,683 square foot building (formerly Circuit City) presently exists on the site, as well as its associated off-street parking. There is a right-of-way access easement to the east of the site along U.S. Highway 19 N. The site shares an ingress/egress area to U.S. Highway 19 N. with the outparcel (FedEx Office) located at the southeast corner of the property. The site also has ingress/egress areas along Haas Avenue and Lawson Road. East of the site is an elevated area of U.S. Highway 19 N. and directly across U.S Highway 19 N. is a mobile home park which is not visible from the site. South of the site is shopping center with restaurants and retail establishments and north of the site are vacant buildings which once contained automobile service uses. Directly west of the site are attached dwellings (Sunset Point Townhomes). Development Proposal: The proposal is to re-establish a retail sales/service use in the existing 43,683 square foot structure. Pursuant to Community Development Code (CDC) Section 6-102.E, if the use of a nonconforming structure is abandoned for a period of six consecutive months, the future use of the structure shall be brought into full compliance with all the requirements of the Development Code; thus the filing of a Comprehensive Infill Redevelopment application. Ashley Furniture will occupy the existing building and proposes to install new storefront windows, awnings and a new raised entry with a standing seam metal roof. The existing building is finished with a stucco exterior with cornices, EFIS banding and faux columns. The building will be painted with four different colors including light beige, dark beige, tan and white. Regarding the site, the parking will be resealed and restriped and handicap access routes are proposed to comply with ADA requirements. Additional interior landscape islands are proposed along with enhanced buffers. The existing parking lot will remain with setbacks to pavement as follows: a front (east) setback of 42.9 feet, a front (north) setback of 10 feet, a front (west) setback of 6.9 feet, a side (south) setback of 4.3 feet, a side (east) setback of zero feet, a side (south) setback of zero feet. The development proposal's compliance with the applicable development standards of the Community Development Code (CDC) is discussed below. Intensity: Pursuant to the Countywide Plan Rules and CDC Section 2-701.1, the maximum allowable intensity is a floor area ratio (FAR) of 0.45 for Commercial Low (CL) and 0.40 for Community Development Board -February 15, 2011 FLD2010-12032 - Page 2 Residential/Office/Retail (R/O/R). The proposal is in compliance with the above as it has a FAR of 0.25. Impervious Surface Ratio (ISR) Pursuant to CDC Section 2-701.1, the maximum allowable ISR is 0.85 for both CL and R/O/R. The overall proposed ISR is 0.81, which is consistent with the above. Minimum Lot Area and Width: Pursuant to CDC Table 2-704, there is no minimum required lot area or lot width for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, the minimum lot area requirement for retail sales and services is 10,000 square feet. The subject property is 143,952 square feet (4.08 acres). Also for comparative purposes, the minimum lot width requirement for retail sales and services is 100 feet. The lot width along U.S. Highway 19 N. is 244 feet, along Haas Avenue it is 560 feet and along Lawson Avenue it is 355 feet. Minimum Setbacks: Pursuant to CDC Table 2-704, there are no minimum setback requirements for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, the minimum front setback requirement for retail sales and services can range between 15 and 25 feet and the side setback for retail sales and services can range between zero and 10 feet. With regard to the existing building, the minimum required setbacks are all being greatly exceeded except for the front (north) setback of 20 feet (to existing building). This setback is to the existing building which cannot be moved and the entire setback area is greenspace. In addition, flexibility has been requested with regard to the setbacks to the existing off-street parking and vehicular use areas. The request includes a front (north) setback of 10 feet (to existing pavement), a front (west) setback of 6.9 feet (to existing pavement), a side (south) setback of 4.3 feet (to existing pavement), a side (east) setback of zero feet (to existing pavement) and a side (south) setback of zero feet (to existing pavement). Both the side (south) and side (east) setbacks to zero feet are to a common shared drive and parking with the outparcel to the south; therefore the request has support from Staff as these reduced setbacks are not visible. The front (north) setback of 10 feet, the front (west) setback of 6.9 feet and the side (south) setback of 4.3 feet are to existing parking spaces and there is no opportunity to remove pavement without impacting aisle widths or number of parking spaces. Overall, the setbacks to pavement as requested are acceptable to Staff. Maximum Building Height: Pursuant to CDC Table 2-704, there is no maximum allowable height for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, the maximum building height for retail sales and services can range between 25 and 50 feet. The proposed building height is 45 feet (to peak of roof). The proposed building height of 45 feet is within the above Code provisions. Minimum Off-Street Parking: Pursuant to CDC Table 2-704, the minimum required parking for a Comprehensive Infill Redevelopment Project is determined by the Community Development Coordinator based on the specific use and/or ITE Manual standards. The off-street parking requirement for retail sales and services is 5 spaces per 1,000 square feet of gross floor area, which for 43,683 square feet of retail floor area results in a requirement of 218 spaces. The site currently has 223 spaces; however after placement of new interior landscape islands the site proposes 218 parking spaces, which is meets the above Code requirements. Community Development Board -February 15, 2011 FLD2010-12032 - Page 3 Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the driveways, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20-foot sight visibility triangles. No structures or landscaping is proposed within the site triangles. Solid Waste: The proposal includes the provision of a trash compactor at the rear of the building. It will be screened with a six foot high masonry wall painted to match the building. The proposal has been found to be acceptable by the City's Solid Waste Department. Utilities: Pursuant to CDC Section 3-912, all utilities including individual distribution lines must be installed underground unless such undergrounding is not practicable. Electric and communication lines for this development will be installed underground on site in compliance with this requirement. All electric panels, boxes and meters will be painted the same color as the building. Sig s: Pursuant to CDC Section 6-104.A., in the event a building permit is required for the redevelopment of a principal use/structure, or a principal use/structure is vacant for a period of 180 days, signs on the parcel proposed for development shall be brought into compliance by obtaining a level one approval in accordance with the provisions of Article 4, Division 3. Three existing freestanding signs exceed the allowable height of 14 feet. It is therefore attached as a condition of approval that the freestanding signs be brought into compliance with CDC Section 3-1806 prior to issuance of a Certificate of Occupancy. Landscaping: Pursuant to CDC Section 3-1202.D.1, this site is required a 15-foot wide landscape buffer along U.S. Highway 19 N., a 10-foot wide landscape buffer along Haas Avenue and Lawson Road and a five-foot wide landscape buffer is required along all sides of the property. A 42-foot wide buffer along U.S. Highway 19 N. is proposed consisting of Florida elms and hundreds of shrubs and groundcover plantings. The proposed landscape buffer along Haas Avenue ranges from ten feet to 20 feet in width. The existing landscape buffer along Lawson Road is seven feet wide and contains a six foot tall privacy fence with the majority of the existing plant material in a state of decline. The proposal calls for replacing and augmenting the plant material in the existing buffer along Lawson Road. There is no opportunity to remove pavement and increase the setback nor increase the landscape buffer width as the structures are existing and the parking and drive aisle dimensions do not exceed code requirements. The side landscape buffers range from 14 feet to zero feet in width. The only portion of the side landscape buffers with no landscape buffer is the area of the shared drive and shared parking where it is not possible to install a landscape buffer. Pursuant to CDC Section 3-1202.E.2, foundation plantings shall be provided for 100 percent of a building fagade with frontage along a street right-of-way. The foundation plantings must be within an area that is a minimum of five feet wide and consist of at least two accent trees or three palm trees for every 40 linear feet of building fagade and one shrub for every 20 square feet of required landscape area. A minimum of 50 percent of the area shall contain shrubs with the remainder to be ground cover. The existing building has frontage along three street right-of- ways. The fagade along Hass Avenue has a 20 foot wide area with the required plantings; Community Development Board -February 15, 2011 FLD2010-12032 - Page 4 however the U.S. Highway 19 N. facade and Lawson Road facade do not have foundation plantings or the opportunity to provide them. Pursuant to CDC Section 3-1202.E.1, ten percent of the gross vehicular use area shall be provided as landscape islands a minimum of eight feet wide and 150 square feet in size. The site proposes 12.74 percent of the vehicular use areas to be landscape islands. While 12.74 percent is proposed some of the islands are not eight feet wide or the minimum 150 square feet. As discussed previously five parking spaces will be removed and converted to interior landscape islands of the minimum width and size requirements. To mitigate for the inadequate size of the interior islands, lack of foundation plantings on two facades and inadequate perimeter landscape buffer width, the applicant has proposed to increase the buffer width along U.S. Highway 19 from 15 feet to 42 feet, increase the foundation planting width on the north facade from five feet to 20 feet, and accent shrubs and groundcover are proposed at the project entrances to create focal points. Due to existing site constraints staff supports the requested landscape reductions. Comprehensive Landscape Program: Pursuant to CDC Section 3-1202.G, the landscaping requirements contained within the Code can be waived or modified if the application contains a Comprehensive Landscape Program satisfying certain criteria. The following table depicts the consistency of the development proposal with those criteria: Consistent I Inconsistent 1. Architectural theme: a. The landscaping in a comprehensive landscape program shall be designed as a part of N/A N/A the architectural theme of the principle buildings proposed or developed on the parcel proposed for development; or b. The design, character, location and/or materials of the landscape treatment proposed X in the comprehensive landscape program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. 2. Lighting: Any lighting proposed as a part of a comprehensive landscape program is N/A N/A automatically controlled so that the lighting is turned off when the business is closed. 3. Community character: The landscape treatment proposed in the comprehensive X landscape program will enhance the community character of the City of Clearwater. 4. Property values: The landscape treatment proposed in the comprehensive landscape X program will have a beneficial impact on the value of property in the immediate vicinity of the parcel proposed for development. 5. Special area or scenic corridor plan: The landscape treatment proposed in the N/A N/A comprehensive landscape program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated with the subject property. Community Development Board -February 15, 2011 FLD2010-12032 - Page 5 COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards and criteria as per CDC Sections 2-701.1 and 2-704: Standard Existing / Proposed Consistent Inconsistent F.A.R. 0.45 (CL) 0.25 X 0.40 (R/O/R) I.S.R. 0.85 (CL) 0.81 X 0.85(R/O/R) Minimum Lot Area N/A 143,952 square feet X1 Minimum Lot Width N/A U.S. Highway 19 N 244 feet X1 Haas Avenue 560 feet Lawson Road 355 feet Maximum Height N/A 45 feet X1 Minimum Setbacks Front: N/A U.S Hwy 19: 292 feet (to building) X1 42.9 feet (to pavement) Hass Avenue: 20 feet (to building) X1 10 feet (to pavement) Lawson Road 51.3 feet (to building) X1 6.9 feet (to pavement) Side: N/A South: 102 feet (to building) X1 4.3feet (to pavement) East: 76 feet (to building) X1 0 feet (to pavement) Minimum Off-Street Parking 5 / 1,000 SF GFA 218 parking spaces X 218 arkin spaces) See analysis in Staff Report. Community Development Board -February 15, 2011 FLD2010-12032 - Page 6 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2- 704.C. (Comprehensive Infill Redevelopment Project): Consistent Inconsistent 1. The development or redevelopment is otherwise impractical without deviations from X the use and/or development standards set forth in this zoning district. 2. The development or redevelopment will be consistent with the goals and policies of X the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. 3. The development or redevelopment will not impede the normal and orderly X development and improvement of surrounding properties. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed X development. 5. The proposed use shall otherwise be permitted by the underlying future land use X category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f The proposed use provides for the development of a new and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street X parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ? Changes in horizontal building planes; ? Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; ? Variety in materials, colors and textures; ? Distinctive fenestration patterns; ? Building stepbacks; and ? Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and aDDrooriate distances between buildings. Community Development Board -February 15, 2011 FLD2010-12032 - Page 7 COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per CDC Section 3-914.A: Consistent Inconsistent 1. The proposed development of the land will be in harmony with the scale, bulk, X coverage, density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use of X adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X 5. The proposed development is consistent with the community character of the X immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including X visual, acoustic and olfactory and hours of operation impacts on adjacent properties. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of January 6, 2011, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB), based upon the following: Findings of Fact. The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 4.08 acre subject property is located on the west side of U.S. Highway 19 N. between Haas Avenue and Lawson Road; 2. That the subject property is located within the Commercial (C) District and the Commercial Low (CL) and Residential/Office/Retail (R/O/R) Land Use Plan categories; 3. The site was previously developed with a Circuit City retail store that closed in July 2009; 4. The proposal includes a setback reduction to the building on the north property line; 5. The proposal includes setback reductions to pavement from all property boundaries except the east; 6. The proposal includes reductions to the perimeter landscape buffer requirements; 7. The proposal includes reductions to the foundation landscape planting requirements; 8. The proposal includes 218 parking spaces; 9. The proposal includes a building height of 45 feet; 10. There exists three freestanding signs that are nonconforming to current Code requirements; and 11. There is no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law. The Planning Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the development proposal is consistent with the Standards as per Tables 2-701.1. and 2- 704 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2- 704.C of the Community Development Code; Community Development Board -February 15, 2011 FLD2010-12032 - Page 8 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-914.A of the Community Development Code; and 4. The development proposal is consistent with the Flexibility criteria as per Section 3-1202.G of Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of the Flexible Development application to permit retail sales and service in the Commercial (C) District with a lot area of 177,829 square feet, a lot width of 244 feet (along U.S. Hwy 19 N), 560 feet (along Haas Avenue), 355 feet (along Lawson Road), a front (east) setback of 42.9 feet (to existing pavement) and 292 feet (to existing building), a front (north) setback of 10 feet (to existing pavement) and 20 feet (to existing building), a front (west) setback of 6.9 feet (to existing pavement) and 51.3 feet (to existing building), a side (south) setback of 4.3 feet (to existing pavement) and 102 feet (to existing building), a side (east) setback of zero feet (to existing pavement) and 76 feet (to existing building), a side (south) setback of zero feet (to existing pavement), a building height of 45 feet (to peak of roof), and 218 parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-704.C. and a reduction to the required west perimeter landscape buffer from 10 feet to seven feet, a reduction to the required south landscape buffer from five feet to zero feet, a reduction to the required foundation plantings from five feet to zero feet on the west and east facades and to allow interior landscape islands of less than 150 square feet and less than eight feet in width from back of curb to back of curb as a Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G., subject to the following conditions: Conditions of Approval: 1. That, prior to the issuance of a certificate of occupancy or business tax receipt, whichever occurs first, the existing freestanding signs be brought into compliance with CDC Section 3- 1806; 2. That a building permit be obtained for the parking lot improvements, landscaping and building improvements; 3. That, prior to issuance of building permits the site data table be revised to reflect the correct underlying land use, F.A.R. and I.S.R.; 4. That, all proposed signage be permitted separately; 5. That prior to the issuance of a building permit, a unity of title be submitted for lots 1,2,3,4,5,6,7 and 8; 6. That, prior to the issuance of a certificate of completion or business tax receipt, whichever occurs first, all of the proposed landscaping shall be installed; and 7. That any electric and communication panels, boxes, and meters located on the exterior of the buildings be painted the same color as the building. Prepared by Planning and Development Department Staff: X.cottirleman, Planner III ATTACHMENTS: Location Map; Aerial Map; Zoning Map; Existing Surrounding Uses Map; and Photographs of Site and Vicinity Community Development Board - February 15, 2011 FLD2010-12032 - Page 9 2006 N N ?+ 2003 / ` 2006 zooa BAYSIDE POINTE L •. . f???1 BLACKBU N ST 2002 N N N N N y '' hbh bh N 19.97 1996 N N N N N 1996 '' ° c ... g ., ' ' .. .... .. .. ?. 2 .. ? ? + 1991 . + . a •' • • ' 1994 Q '2418 1992 969 ' 0: 243 1988 N N N N N N 1966 1984 a' 1979 1982 v? n a NNN N N c7 ul 7 'w • r • • • •,y: ; • •.. ' • ?4 • •• N N N N N N ; • 24275 PROJECT 1978 11973 1 '976 0 974 = -.4 SITE ' 1 196 ,972 `(1) 7 O N R b aD O T N N N N N Q 5 b ?n u? u? ?n a3 1968 N N N N N . •fb -?• ? ?• S HP N 1966 1964 Q 959 1962 NNNNN' 7 N N N N N 1958 51 1 I?w N 24 N 24195 1956 119 1954 7 1952 O N R b b O 5 N N N N C) N 1948 1194 NNNNNN 9 ? [ 19 NDY BEACH LN 24244 1942 N N 1941 • 24120 241 . . C . •• .241 1 • ppN bcbO Nee??bW ONQb tnh? hhb b?O bb I??n n N N NNNNNN N NNNNN 24086 [24145 ti SUNSET POINT RD o CO b N O N , 240 23977..'•' F23988 • N Zoning Map Owner: Ashley Furniture Industries, Inc. Case: FLD2010-12032 Site: 24244 U.S. Hwy 19 N Property Size: 4.08 Acres PIN: 06-29-16-09072-000-0300 Atlas Page: 254B 2008 N 'Y4, ARF.j g u ° ° 260 t 2002 BAVSIDE POINTE LANE BLACKBURN STREET 1998 NN NN O ,b• .. .... ', .... z ° 1892 0 o N m o rc 1988 h 1N h 1Nq w ??' 243 NN WHAL. NN MARINA KEV 11979 .... •. `••'i. 19 • LANE 1982 z • . •. _ 'r( •7 ? O \/ - N N ?. W 24?jr• N N N 1978 ' '2io- - a? ' 24275 PROJECT AT D y J :: ;•':: ::, :I: '• SITE , ' 1972 R:'iC f1 $11Fa 1988 N N N N SAND DOLLAR Q LANE W HAAS AVENUE JAIK: N N N N 1982 ?- M N •- y Giu: Mal MOBILE 242 HOME 66 I >'i4135?RK Em nQ N 19 1948 y N N N r SANDY BEACH 24244 1942 LAN 87 ''•'''°• 1941 ? 24120? $ • h3roa • : 210 3 . 241 zoo WETLAND ONSERVATION `. ` 3e0 O NmopO N?OapONa1C 2-4 AT yy yymm m,D l?t?nn y yy y y y y y y y y y y y NN NNNN C AREA 40 N NN NN 24086 0 V DRAINAGE ioo RETAIL SALES/SERVICE < ??45 EASEMENT 20.94 230 43 R . 200 n 07.5 121.2 1,18 6 m' i 903 r 66 0 37015 CO SUNSET POINT RD ° 3 60 PO PD 1j1 5 O 90 N r O N 1AA.5 .'. `• 147.9 . 88 7 .( Q p?N ` X86 P 588 . 20176 61.2 d5'B 240 • .` 23977x1;: ' 19331 `? z • ` `w\,Cj G? 14917 `• 23988 ' ` O ?B u' S 1 c ?J` N 180 r ry , . 9; 09 z Existing Surrounding Uses Map Owner: Ashley Furniture Industries, Inc. Case: FLD20 1 0-1 2032 Site: 24244 U.S. Hwy 19 N Property Size: 4.08 Acres PIN: 06-29-16-09072-000-0300 Atlas Page: 2548 i WCORMICK Cf? Ecpadonan lNa C c I CT ? ID % cn +C04Uia'ibtH"= =Dj`„ _ UNIO ,Ca?1a,?ia? .t?V? $ s r . a IX9 - QustraL ?aY ? .m? LLI p z a FT $m.-AV ? o DO? $s. ? 444 Res- $ '? Z A 1„ g i ; Y a k) SUNSET P NT RD ?.„ --CSM(1yi` VDR _ CR-576 PROJECTU? ? SITE Q 7 m f I?tl(l/lkl?4PI r .. ?? LJ° ' ZV LL' % Cl) • , ° tytkf ni F k" ---------------- D .ITS RAF " T? '° ?{ Location Map Owner: Ashley Furniture Industries, Inc. Case: FLD2010-12032 Site: 24244 U.S. Hwy 19 N Property Size: 4.08 Acres PIN: 06-29-16-09072-000-0300 Atlas Page: 2548 / T Tn m T 4w.e?i 1 3 Aerial Map Owner: Ashley Furniture Industries, Inc. Case: FLD2010-12032 Site: 24244 U.S. Hwy 19 N Property Size: 4.08 Acres PIN: 06-29-16-09072-000-0300 Atlas Page: 254B ? ,?vr a3 z a??" t 1. East side of subject property. Highway 19 overpass. 1i N 14 2011 FedEx outparcel to the south. 24244 U.S. Highway 19 N FLD2010-12032 Page 1 of 1 West property line of subject property. Vacant uses to the north. Attached dwellings to the west. A. Scott Kurleman 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4553 scott.kurlem an(a-),myclearwater.com PROFESSIONAL EXPERIENCE Planner III City of Clearwater, Clearwater, Florida August 2008 to Present Duties include performing the technical review and preparation of staff reports for various land development applications, assist public customers at the Zoning Counter, the organization of data and its display in order to track information and provide status reports and making presentations to various City Boards and Committees. Planner II City of Clearwater, Clearwater, Florida June 2005 to August 2008 Duties include performing the technical review and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports. Assist public customers at the Zoning Counter. Review Building Permits, Sign Permits, Business Tax Receipts, and Landscape Plans as well as Comprehensive Sign Program Applications. Land Resource Specialist City of Clearwater, Clearwater, Florida June 1996 to June 2005 Coordinates with City Legal Department to initiate legal proceedings for non-compliance with City land resource regulations. Landscape re-inspection program. Plans and directs program to ensure that plant material installed per the approved landscape plan remains in a healthy growing condition in perpetuity and restores deficient landscaped with new plant material. Certificate of Occupancy Inspection. Perform inspections with contractors, owners, and City departments to monitor the installation of required landscape material per an approved site plan. Process tree permits ensuring that regulations governing the removal criteria are followed. Provide technical tree evaluations for structural defects, hazards, proper pruning, and identification for trees on public and private properties. Account Manager Cherry Lake Farms, IMG Enterprise, Inc. Groveland, Florida June 1993 to June 1996 Supervised and managed existing territory accounts, while handling a strategic marketing plan. Planned and directed in-field inspection program for landscape architects, municipalities and private corporations. Prepared technical training modules for corporate employees and customers regarding arboricultural techniques related to trees. Licensed Marketing Representative Allstate Insurance Company, Clearwater, Florida June 1991 to June 1993 Field inspections of insured structures. Policy service and account maintenance. Store Manager William Natorp Company, Inc. Cincinnati Ohio June 1983 to June 1991 Managed a team of 20 sales people and sales associates in a landscape center. Responsible for teams of employees including but not limited to payroll, budgeting, sales, store and equipment maintenance, workplace safety, and advertising. Managed outdoor staff, merchandised and cared for all outdoor products. Responsible for all indoor staff and horticultural products. EDUCATION GRADUATE - Certificate: Community Development, UNIVERSITY OF SOUTH FLORIDA, TAMPA, FLORIDA. Currently pursuing. BS in Sustainability Management, ST. PETERSBURG COLLEGE, FLORIDA. Currently pursuing. BA in Business Administration, ST. LEO UNIVERSITY, ST. LEO, FLORIDA. Graduated July, 2002 Cum Laude. Major: Management AA in Business Administration, ST. PETERSBURG COLLEGE, FLORIDA. Graduated 1998. Major: Management. AS in Ornamental Horticulture, OHIO STATE UNIVERSITY, WOOSTER, Graduated 1984 Cum Laude. Major: Horticulture Technology with emphasis in Arboriculture. ISA, International Society of Arboriculture, Certified Arborist, FL-0414 LEED Green Associate, Currently pursuing MOTIVATIONAL Mentor Award, December 2010 1 Clearwater Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION -Plans and application are required to be collated, stapled, and folded into sets ? SUBMIT FIRE PRELIMARY SITE PLAN: $200.00 ? SUBMIT APPLICATION FEE CASE #: RECEIVED BY (staff initials): DATE RECEIVED: * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICNT11ON Comprehensive Infill Redevelopment Project (Revised 07/11/2008) PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: Ashley Furniture Industries, Inc. MAILING ADDRESS: One Ashley Way, Arcadia, Wisconsin 54612 PHONE NUMBER: 1-800-477-2222 FAX NUMBER: CELL NUMBER EMAIL: PROPERTY OWNER(S): Ashley Furniture Industries, Inc. List ALL owners on the deed One Ashley Way, Arcadia, Wisconsin 54612 AGENT NAME: Mr. Deighton Babis - Lyman Davidson Dooley, Inc. MAILING ADDRESS: 5201 W. Kennedy Boulevard, Suite 501, Tampa, Florida 33609 PHONE NUMBER: 813-288-9299 FAX NUMBER: 813-288-8046 CELL NUMBER: 813-732-7149 EMAIL: dbabis@lddi-tampa.com B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) PROJECT NAME: Ashley Furniture (former Circuit City) PROJECT VALUATION: $ 600,000 STREET ADDRESS 24244 US Highway North, Clearwater, Florida 33763 PARCEL NUMBER(S): 06/29/16/09072/000/0300 PARCEL SIZE (acres): 4.08 acres PARCEL SIZE (square feet): 177,829 s.f. LEGAL DESCRIPTION: See attached. PROPOSED USE(S): Reuse of former Circuit City as an Ashley Furniture Store DESCRIPTION OF REQUEST: Re-use existing building as a furniture store, reduction of front setback from 25 feet to Specifically identify the request 9.8 feet on the north front, to 6.9 feet on the west front, reduce side setback from 10 feet (include number of units or square footage of non-residential use and all to "0" feet on the south side to reflect existing conditions. Increase height to 39'-2" for requested code deviations; e.g. proposed parapet feature. reduction in required number of parking spaces, specific use, etc.) C:\Documents and Settings\derek.ferguson\Desktop\planning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.doc Page 1 of 8 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) ? SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 7) D. ? 1. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail: The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located- See attached narrative summary. 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. See attached narrative summary. 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. See attached narrative summary. 4. The proposed development is designed to minimize traffic congestion. See attached narrative summary. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. See attached narrative summary. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. See attached narrative summary. C:\Documents and Settings\derek.ferguson\Desktop\planning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.doc Page 2 of 8 WRITTEN SUBMITTAL REQUIREMENTS: (Comprehensive Infill Redevelopment Project Criteria) ? Provide complete responses to the six (6) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA- Explain how each criteria is achieved, in detail: 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district. See attached narrative summary. 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district See attached narrative summary. 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. See attached narrative summary. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. See attached narrative summary. 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City s economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and/or preservation of a working waterfront use. See attached narrative summary. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ? Changes in horizontal building planes; ? Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; ? Variety in materials, colors and textures; ? Distinctive fenestration patterns; ? Building stepbacks; and ? Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. See attached narrative summary. C:\Documents and Settings\derek.ferguson\Desktop\planning dept forms 0708\Comprehensive Infill Project (FLD) 20D8 07-11.doc Page 3 of 8 E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria Manual and 4-202.A.21) ? A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement. ? If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. ? At a minimum, the STORMWATER PLAN shall include the following; ? Existing topography extending 50 feet beyond all property lines; ? Proposed grading including finished floor elevations of all structures; ? All adjacent streets and municipal storm systems; ? Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; ? A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. ? Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; ? Signature and seal of Florida Registered Professional Engineer on all plans and calculations. ? COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following): Stormwater plan as noted above is included Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor I elevations shall be provided. -21 CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 copies; TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) - please design around the existing trees; ? TREE INVENTORY; prepared by a "certified arborist", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees; Not needed per Rick Albee BPRC 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; Not applicable ? 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; Not applicable C:\Documents and Setting s\derek.ferg uson\Desktop\pl anning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.d6c Page 4 of 8 G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) ? SITE PLAN with the following information (not to exceed 24" x 36'): Index sheet referencing individual sheets included in package; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; All dimensions; 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; Location of all existing and proposed sidewalks; and Floor plan typicals of buildings for all Level Two approvals. A floor plan of each floor is required for any parking garage requiring a Level Two approval. ? SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: EXISTING REQUIRED PROPOSED Land area in square feet and acres; 177,829 s.f. (4.08 acres) 10,000 S.f. 177,829 s.f. (4.08 acn Number of EXISTING dwelling units; _ Number of PROPOSED dwelling units; Gross floor area devoted to each use; 43,683 s.f. 97,800 s.f. max 43,683, s.f. Parking spaces: total number, presented in tabular form with the number of required spaces; 223 218 218 Total paved area, including all paved parking spaces & driveways, expressed in square feet & percentage of the paved vehicular area; Official records book and page numbers of all existing utility easement; Building and structure heights; 38'- 8 " 25 feet max 45' to peak Impermeable surface ratio (I.S.R.); and 0.814 0.90 max 0.809 Floor area ratio (F.A.R.) for all nonresidential uses. 0.25 0.55 max 0.25 ? REDUCED COLOR SITE PLAN to scale (8 Y2 X 11); ? 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; C:\Documents and Settings\derek.ferguson\Desktop\planning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.doc Page 5 of 8 H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) ? LANDSCAPE PLAN with the following information (not to exceed 24" x 36"): X All existing and proposed structures; ), Names of abutting streets; . K Drainage and retention areas including swales, side slopes and bottom elevations; x Delineation and dimensions of all required perimeter landscape buffers; ZC. Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Existing trees on-site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required _ tree surrey); Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all X 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 X• protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; A Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); X Irrigation notes. I,$. REDUCED COLOR LANDSCAPE PLAN to scale (8 "/2 X 11); COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. 1. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) X BUILDING ELEVATION DRAWINGS - with the following information: )? All sides of all buildings ?c Dimensioned Colors (provide one full sized set of colored elevations) Materials 2!a REDUCED BUILDING ELEVATIONS -same as above to scale on 8'/z X 11 J. SIGNAGE: (Division 19. SIGNS / Section 3-1506) Not required for FLD per BPRC meeting. ? All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. ? All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) ? Comprehensive Sign Program application, as applicable (separate application and fee required). ? Reduced signage proposal (8'/z X 11) (color), if submitting Comprehensive Sign Program application. C:\Documents and Settings\derek.ferguson\Desktop\planning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.doc Page 6 of 8 K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-1301.C) ? Include if required by the Traffic Operations Manager or his/her designee or if the proposed development: • Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. ¦ Will generate 100 or more new vehicle directional trips per hour and/or 1000 or more new vehicle trips per day. ¦ Will affect a nearby roadway segment and/or intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's animal list of most hazardous intersections. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a "Scoping Meeting" held with the Traffic Operations Manager and the Planning Department's Development Review Manager or their designee (727-562-4750) Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): Traffic Impact Study is included. The study must include a summary table of pre- and post-development levels of service for all roadway legs and each turning movement at all intersections identified in the Scoping Meeting. eJ0 _ Traffic Impact Study is not required. CAUTION IF NONE HAS APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562- 4750. L. FIRE FLOW CALCULATIONS/ WATER STUDY: Not required for FLD per BPRC meeting. Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of this project. The water supply must be able to support the needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required the water supply must be able to supply 150% of its rated capacity. Compliance with the 2004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) Is required. ? Acknowledgement of fire flow calculations/water study requirements (Applicant must initial one of the following): Fire Flow Calculations/Water Study is included- --- .........-...... _ Fire Flow Calculations/Water Study is not required. V__.. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW CALCULATIONS/ WATER STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESU13MITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Fire Prevention Department at (727) 562-4334. M. 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. ._ ...._ r ?` ?r ..__... _ .................. -- - - - --- Signature of properly owner or representative ??.'J'?t`s°" STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this 30 day ofoOV• , A.D. 20 LQ •- to me and/or by EfwyniV /S , who is personally known has produced FG as identification. Notary public, My commission expires: 7/12/ CADocuments and Setlingslderek.ferguson%Desktoplplanning dept forms 07081Compre y?.Y I RAMSEY P age 7 of 8 = ; • W §@MMU W # DD 994377 EXPIRES, July 12, 2014 by Ntiond Nutter 4ssar. N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed - PRINT full names: Ashley Furniture Industries, Inc. 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location); 24244 US Highway 19 North, Clearwater, Florida 33763 3. That this property constitutes the property for which a request for a: (describe request) Flexible Development Application for re-use of former Circuit City store for a Ashley Furniture store. 4. That the undersigned (has/have) appointed and (does/do) appoint: Mr. Deighton Babis, Lyman Davidison Dooley, Inc. as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6 That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City . repres ntatives to visit and photograph the property described in this application; 7. That we) he undersigned authority, hereby certify that the foregoing is true and correct. Property Owner Property Owner Property Owner Property Owner STATE OF FAA, W'\5c-r-v',sA ,'\ COUNTY OF U Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this % IA day of sworn t dul fi b ? y rs een Q ?\J Y? V who having b? Z G personally appeared ( Deposes and says that he/she a contents of the affidavit that he/she signed. Hq?? W0r4 t 1 1 ?? Notary Public Signature Notary Seal/Stamp p ? My Commission Expires: r) I CADocuments and SettingsWerek.fergusonlDesktopiplannIng dept forms 07081Comprehensive Infill Project (FLD) 2008 07-11.doc Page a of 8 LEGAL DESCRIPTION A TRACT OF LAND BEING LOTS 1, 2, 3, 4, 5, 6, 7 AND 8 OF HAAS SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 48, PAGE 66, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. LOT 3 OF BLACKBURNS SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 24, PAGE 62, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND LYING WITHIN THE NORTHEAST 1 /4 OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA. LESS AND EXCEPTING THEREFROM THE FOLLOWING: A TRACT OF LAND BEING A PORTION OF LOT 3 OF BLACKBURNS SUBDIVISON, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 24, PAGE 62, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND LYING WITHIN THE NORTHEAST 1 /4 OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 89 DEG 50 MIN 20 SEC WEST ALONG THE SOUTH BOUNDARY LINE OF LOT 3, FOR 210.31 FEET; THENCE LEAVING SAID SOUTH BOUNDARY LINE NORTH 00 DEG 09 MIN 40 SEC WEST, FOR 93.42 FEET; THENCE NORTH 89 DEG 50 MIN 20 SEC EAST, FOR 124.28 FEET; THENCE NORTH 01 DEG 24 MIN 23 SEC EAST, FOR 18.01 FEET; THENCE NORTH 89 DEG 50 MIN 20 SEC EAST, 87.88 FEET TO THE POINT OF INTERSECTION WITH THE EAST BOUNDARY LINE OF SAID LOT 3, SAME ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 19 NORTH (A 200 FOOT RIGHT-OF-WAY); THENCE SOUTH 01 DEG 02 MIN 38 SEC WEST ALONG SAID LINE, FOR 111.45 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE EASEMENTS IN FAVOR OF THE ABOVE-DESCRIBED REAL PROPERTY WHICH ARE SET FORTH IN PARAGRAPHS 4(A), 4(B) AND 5(C) IN THAT CERTAIN DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS EXECUTED BY HARRISON BENNETT PROPERTIES, INC., A FLORIDA CORPORATION, AND RECORDED IN O.R. BOOK 10281, PAGE 1746, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH THE EASEMENTS IN FAVOR OF THE ABOVE DESCRIBED REAL PROPERTY (PARCEL 1) WHICH ARE SET FORTH IN RECIPROCAL EASEMENT AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 9060, PAGE 1948, AS AMENDEDBY AMENDMENT RECORDED IN OFFICIAL RECORDS BOOK 10032, PAGE 1278, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. ASHLEY FURNI'T'URE STORE NARRATIVE General Applicability Criteria 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 project is a redevelopment of a former Circuit City store. There is no change to the size of the building that had been previously approved and occupied. The site is 4.08 acres and the existing building is 43,683 square feet. The existing and proposed floor area ratio (0.25) is a reasonable use of the property and well within the maximum permitted (0.55) 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. Adjacent properties are already developed with commercial uses and moderate density residential uses. The site has been vacant and the re-occupancy by a furniture store will improve property values in the area. 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. The proposed furniture store use will not affect the health or safety of the area since the previous use was a commercial use as well. 4. The proposed development is designed to minimize traffic congestion. The proposed furniture store is a lower traffic generator than the previous Circuit City electronics superstore. According to ITE Trip Generation 8t' Edition Land Use Code 890 (Furniture Store) the 43,683 s.f furniture store would generate only 221 daily trips, whereas an electronics superstore would generate 1,967 daily trips. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. Adjacent properties are already developed with commercial uses and moderate density residential uses. The property had been developed with a Circuit City, and the character along US 19 is primarily commercial in nature. Page 1 of 5 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The site is surrounded by public roads on three boundaries and a shopping center on the south side. The building is situated with sufficient setbacks from adjoining uses to minimize visual, acoustic and olfactory impacts. We are requesting a reduction to parking lot setback from the west property boundary from 25-feet (front) to 6.9 feet, the north property boundary from 25 feet (front) to 9.8 feet, and from 10-feet (side) to zero feet to reflect the existing conditions of the parking lot. We are modifying the landscaping in the parking lot and buffers and adding tree islands to provide greater aesthetic appeal. Page 2 of 5 COMPREHENSIVE INFILL REDEVELOPMENT CRITERIA Project Criteria 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district. The property is zoned Commercial (C) which allows retail sales and services including a furniture store. The site was developed with parking lot setbacks not up to current code standards and flexibility is needed to avoid impractical elimination of parking on the north and west sides of the property. A modification to the permitted building height to 39-feet 2-inches (Average height at midpoint) and 45 feet to roof peak is necessary to accommodate the Ashley Furniture logo along the front of the building. 2. The development or redevelopment will be consistent with the goals, objectives and policies of the Comprehensive Plan as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. The Comprehensive Plan designation is Commercial General (CG) and the zoning is Commercial (C). The goals objectives and policies support the development of commercial uses along the US 19 corridor. The redevelopment of this vacant store with a furniture store would further the policies in the comprehensive plan. 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. The redevelopment of the site will not impede redevelopment of surrounding property. All surrounding property is presently developed with commercial or moderate density residential uses. The redevelopment of this vacant store with a furniture store would improve the area by creating a vibrant business. Existing setbacks are being maintained. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. The redevelopment of the site is compatible with adjacent land uses. All surrounding property is presently developed with commercial or moderate density residential uses. The redevelopment of this vacant store with a furniture store would improve the area by creating a vibrant business. Existing setbacks are being maintained. Page 3 of 5 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor d. The proposed use provides for the provision of affordable housing e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in spot land use or zoning designation; L The proposed use provides for the development of a new and/or preservation of a working waterfront use The proposed fixrniture store is a permitted use in the "CG" land use category and the "C" zoning district. The change from a Circuit City electronics store that previously existed to an Ashley Furniture store will not alter the characteristics of the area, as they are both commercial uses. A furniture store is actually less intense from a traffic/activity perspective. The proposed use would contribute to the local economy and create jobs on a site that is vacant. The proposed use is a redevelopment of an economically contributing site. It does not involve affordable housing. The area is characterized by existing highway commercial uses and a land use plan amendment or rezoning are not necessary. The project does not involve waterfront uses. 6. Flexibility with regard to use, lot width, required setbacks, height, and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; Page 4 of 5 c. The design, scale, and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: Changes in horizontal building planes Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc. Variety of materials and colors Distinctive fenestration patterns Building stepbacks; and Distinctive roof forms e. The proposed development provides for appropriate buffers, enhances landscape design and appropriate distances between buildings. The proposed furniture store use is permitted in the "C" zoning district. Due to the unique circumstance of having roadways on three boundaries, the site has three required "front yards", east, north, and west. The flexibility requested is to the west front yard along Lawson Road to reflect existing conditions where a 6.9 foot buffer exists, as well as on the north front yard along Haas Avenue to reflect existing conditions where a 9.8-foot buffer exists. The side yard (south) buffer is zero feet since the existing parking lot abuts the south property line adjacent to the FED EX building. The final request involves height where the peak of the Ashley Furniture logo is at 39-feet 2-inches to the mid point and 45 feet to roof peak. The flexibility is required to preserve parking spaces to meet code requirements (218 spaces) and to allow for the corporate logo on the building. If granted these requests will not impede the orderly development of the area. The redevelopment is consistent with the existing character of the area. The redevelopment incorporates distinctive roof features, building stepbacks, and a variety of colors. The proposed redevelopment provides adequate buffers considering the site is surrounded by public roads on three sides, provides for enhanced landscaping through a Comprehensive Landscape Program, and this is the only building on the property and it exceeds all required setbacks. Page 5 of 5 STORMWATER NARRATIVE Ashley Furniture - Clearwater The subject property is located off of US Highway 19 and is just north of Sunset Point Road in Clearwater, Florida. The proposed project site is the former location of the now defunct Circuit City store site - the site encompasses a total of 4.08 acres. Stormwater design will remain as-is with no additional increase of the impervious area of the site. The site is currently permitted by the Southwest Florida Water Management District under permit 415276.0. Since there is no increase in the site's impervious area, the rate and quantity of runoff will remain in its current existing condition. `Clearwater Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION -Plans and application are required to be collated, stapled and folded into sets CASE NUMBER: RECEIVED BY (Staff Initials): DATE RECEIVED: * NOTE: A TOTAL OF 15 SETS OF THIS APPLICATION AND ALL SUPPORTING DOCUMENTATION IS REQUIRED TO BE SUBMITTED IN CONJUNCTION WITH A COMPLETE LEVEL ONE OR LEVEL TWO APPLICATION. COMPREHENSIVE LANDSCAPE PROGRAM (Revised 04/24/2007) PLEASE TYPE OR PRINT- APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: Ashley Furniture Industries, Inc. MAILING ADDRESS: One Ashley Way, Arcadia, Wisconsin 54612 PHONE NUMBER: 1-800-477-2222 FAX NUMBER: CELL NUMBER: EMAIL: PROPERTY OWNER(S): Ashley Furniture Industries, Inc. List ALL owners on the deed One Ashley Way, Arcadia, Wisconsin 54612 AGENT NAME: MAILING ADDRESS PHONE NUMBER: CELL NUMBER: Mr. Deighton Babis - Lyman Davidson Dooley, Inc. 5201 W. Kennedy Blvd., Suite 501, Tampa, Florida 33609 813-288-9299 FAXNUMBER: 813-288-8046 813-732-714 EMAIL: dbabisClddi-tampa.com 1. ARCHITECTURAL THEME: a. The landscaping in a Comprehensive Landscape Program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for the development. OR b. The design, character, location and/or materials of the landscape treatment proposed in the Comprehensive Landscape Program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. The proposed landscape has been enhanced over the basic requirements by providing additional shrubs and groundcovers adjacent to the parking areas within the buffers. The project utilizes existina trees and shrubs within the parkin area and additional plantings are proposed for the project, within the constraints of utilities and other site conditions. Accent shrubs/groundcover have been used at the project entrances to create focal points and integrated within the buffer plantings to provide landscape accents along the project perimeter. C:1Documents and Settingslderek.fergusonlDesktoplplanningforms 07071Comprehensive Landscape Program 04-24-07.doc Page 1 of 2 2. COMMUNITY CHARACTER: The landscape treatment proposed in the Comprehensive Landscape Program will enhance the community character of the City of Clearwater. Currently adjacent to the project's perimeter there is Bahia sod and shrubs in decline with little existing landscaping to visually soften the pavement or buildings, except for mature trees along the northern side of the existing building. The proposed landscaping will provide trees, shrubs and flowering ground covers to create aesthetic value that is not currently typical to this area along US 19 Access Road. 3. PROPERTY VALUES: The landscape treatment proposed in the Comprehensive Landscape Program will have a beneficial impact on the value of the property in the immediate vicinity of the parcel proposed for development. The proposed landscape plan will provide enhanced landscaping along the project's right of way and other buffer areas. The landscaping will also create a sense of entry from the US 19 Access Road with the use of River Birches, Hibiscus and other accent ground covers and flowering shrubs. This will provide and increased visual aesthetic to the area along the roadway and also provide- improvements to the very limited existinq landscaping of the adjacent properties. 4. SPECIAL AREA OR SCENIC CORRIDOR PLAN: The landscape treatment proposed in the Comprehensive Landscape Program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. The proposed landscape plan provides plant materials consistent with the general corridors within the city. Landscape species such as Crape Myrtles, River Birch, Indian Hawthorn and Hibiscus are utilized for visual accents. The existing landscape that is being preserved within the parking area consist of Crape Myrtles, Ligustrum Trees and Dwf. Indian Hawthorn with Crape__ Myrtles in perimeter areas that overhead utilities prevent the use of larger canopy trees. THE LANDSCAPING REQUIREMENTS OF ARTICLE 3, DIVISION 12 MAY BE WAIVED OR MODIFIED AS A PART OF A LEVEL ONE OR LEVEL TWO APPLICATION, AS THE CASE MAY BE, IF THE APPLICATION FOR DEVELOPMENT APPROVAL INCLUDES A COMPREHENSIVE LANDSCAPE PROGRAM, WHICH SATISFIES THE ABOVE CRITERIA. THE USE OF LANDSCAPE PLANS, SECTIONS / ELEVATIONS, RENDERINGS AND PERSPECTIVES MAY BE NECESSARY TO SUPPLEMENT THE INFORMATION PROVIDED ON THIS WORKSHEET. 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. /I /I fR _ Signature of roperty owner or representative r-7111 ?-dam LZ2 STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this 30 day of AlOV. A.D. 20,to to me and/or by tmy2w !Wd" , who is personally known has produced FL AL as identification. Notary public, My commission expires: (31RIST NO P. RAMSEY 1` 4 MY COb ASM #E OD 994377 EXPIRES: .M# IZ 2014 C:IDocuments and Settingslderek.fergusonlDesktoplplanningforms_070AComprehensive Landscape Program 04-24-07.doc Page 2 of 2