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FLD2002-11040 Planning Daent 100 South Myrtle Avenue Clearwater, Rorida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 CAsA J!.:! ~ f'I! E" DA"'CEIVED: ~~- 1.1 d... " RECEIVED BY (staffl!!itials): ATLAS PAGE#: - ZONING DISTRICT: LAND USE CLASSIFICATION: SURROUNDING USES OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: 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 $ 1,205.00 * NOTE: 13 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLANS FLEXIBLE DEVELOPMENT APPLICATION Comprehensive Inml Redevelopment Project (Revised 11/05/02) - PLEASE TYPE OR PRINT-use additional sheets as necessary A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) APPLICANT NAME: Lowe's Horne Centers, Inc., a North Carolina corporation MJlIILlNG ADDRESS: Highway 268 East, North Wilkesboro, NC 28659 E-/f1AIL ADDRESS: PHONE NUMBER: CELL NUMBER: FAX NUMBER: PROPERTY OWNER(S): Same as above (Must include ALL owners) AGENT NAME(S): E. D. Armstrong III, Esquire Johnson, Blakely, et al MAILING ADDRESS: 911 T < E-MAIL ADDRESS: eda@jbpfirm.com PHONE NUMBER: 727-461-1818 727-462-0365 CELL NUMBER: FAX NUMBER: B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS of subject site Located withi~ Clearwater Mall - SE corner of U.S. 19 & Gulf-to-B LEGAL DESCRIPTION: Lot 4, Plat of Clear....ater Hall, accordino to Dlat recoy-ded 'n Plat Book 1 Pages 21 through (i;'ot listed here, please note the ic=~on of this document In the submittal) 29, Public Records of Pinellas PARCEL NUMBER: Portinn'" (Or 1 7/'10/1 E,/nCCCC/3:2C/C:2CC & 0:::00 PARCEL SIZE Approx. 11.5 ccres (acres, square feet) PROPOSEDUSEANDSIZELowe's Heme I:nprov.;:;::Jent Center - see attached site plan (numcer of c'.ve!ling Units rlote! rCC:T:S or sQuar.e foctage of nonresIdential use) DESCRIPTION OF REQUEST,S) See ::::{:-:i~i t "_~" :or Get",' 1 o~ ~eCLlPS"-. :::",;::;uce ad ,Ecues~e'.J code se'i'c:~ons. e g. rE'Juc:ion In re'.JL.:lred number of parking spaces. sGe'.:::fic use. etc.) P3ge 1 of 7 - Flexible Development Appiication - ComprehenSIve Infi!1 Redevelopment Project- Cty or Clearwater I I DOES~IS APPLICATION INVOLVE THE -As. FER OF DEVELOPMENT RIGHTS (TOR), A PR_USL Y APPROVED PLANNED UNIT DevELOPMENT, OR A PREVIOUSLY APP~D (CERTIFIED) SITE PLAN? YES _ NO __ yes, attach a copy of the applicable documents) c. PROOF OF OWNERSHIP: (Section 4-202.A) 0 I SUBMIT A COPY OF THE TITLE INSURANCE POLICY. DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see p ,ge 6) q. WRITTEN SUBMITTAL REQUIREMENTS: (Section 3-913.A) CJ Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved. iil detai~ 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 Exhibit "A" for to all criteria. answers 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. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use: 4. The proposed development is designed to minimize traffic congestion. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. 6. The design of the proposed development minimizes adverse effects. including visual, acoustic and olfactory and hours of operation impacts. on adjacent properties. a Provide complete responses to the ten (iO) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA (as applicable) - Explain how each criteria is achieved in detail: 1. The development or redevelopment of the oarcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards P3ge 2 of 7 - fleXible Development Application - Comprehensive Infill Redevelopment ProJect- City of Clearw ater 2. The development of the parcel propos r development as a comprehensive infill redevelo t project or residential infill project will not reduce the fair market value of abutting properties. (Include Ihe existing value of the site and the proposed value of the site with the .' improvements.) , The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater. 4. The uses or mix of use within the comprehensive infill redevelopment project are compatible with adjacent land uses. 5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater. 6. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. 7. The design of the proposed comprehensive infill redevelopment project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 8. Flexibility in regard to lot width, required setbacks. height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Artic!e 3 will be available to avoid on-street parking in the immediate vicinity of parcel proposed for development. 10. The design of all buildings complies with the Tounst District or Downtown District design guidelines in Division 5 of Article 3 (as applicable). Use separate sheets as necessary. Page 3 of 7 - Fiexible Development Application - ComprehenSive Inflil Redeve!ooment Project- City of Clearw ater E. ~l!PPLEMENTAL SUBMITTAL.UIREMENTS: (Code Section 4-202.A)I . 0 SIGNED AND SEALED SURVEY (including legal description of property) - One original and 12 c pies; o o o 0, o o TREE SURVEY (including existing trees on site and within 25' ofthe 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 D8\IIAND 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; SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) F. o o ~ D o 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, including handicapped spaces; 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 jurisdictional lines adjacent to wetlands; 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 (FAR) for ail nonresidential uses REDUCED SiTE PLAN to scale (8 y, X 11) and color rendenng If possible FOR DEVELOPMENTS OVE~ 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: LQcatlon of all earth or '.vater retaining walls and earth berms: Lot lines and building lines (dimenSioned); Streets and dnves (Olmensloned): BUilding and structural setbacks (dimens;oned), Structural overhangs: Tree Inventory; prepared by a "certified arbonsf, of all trees 8" DBH or greater, refiec:ing size, canopy (drip lines) and.condition of such trees Page 4 of 7 - Rexible Deve!opment Application - Comprehensive Infill Redevelopment ProJect- City of Clearw ater o G. ,LANDSCAPING PLAN SUBMI L REQUIREMENTS: (Section-4-1102.~ ~ F +- o o o 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 drip line (as indicated on required tree survey); 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); I rrigation notes REDUCED LANDSCAPE PLAN to scale (8 Y, X 11) (color rendering if possible) IRRIGATION PLAN (required for Level Two and Three applications) COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable H. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and 4-202.A.21 ) o STORMWA TER 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 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. CJ BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials 41 REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 'h X 11) (black and white and color rendering, if possible) as required J. SIGNAGE: (Division 19. SIGNS / Section 3-1806) ::1 All EXISTING freestanding and attac~ed signs; Provide photographs and dimensions (area, height, etc.), Indicate whether they will be removed or to remain. '::J All PROPOSED freestanding and attached signs; Provide details including iocation, size, height, colors, materials and drawing ::J ComprehenSive Sign Program application, as applicable (separate application and fee required). :.J Reduced slgnage proposal (8 ',,, X 11) (color), if submitting ComprehenSive Sign Program application Page 5 of 7 - Flexible Develooment Application - Comprehensive Infill Redevelopment Project- City of Clearw ater . K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) o 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. ~?t STATE OF FLORIDA, COUNTY OF PINELLAS "".so Sworn to and subscribed before me this ~ day of Neve,.,.. Io~r , A.D. 20.oz.. to me and/or by ~. D. Arrn&i"TOl'"\'j II! , who is personally known ~ ~ .........as. ~ he undersigned, acknowledge that all representations made in this Iication are true and accurate to the best of my knowledge and horize City representatives to visit and photograph the property cribed in this application. Signature of property owner or representative E. D. Armstrong III, Representative ~t-.~ commission expires: _..:;i.::;"~:';i:;;t:. Jayne E. Sears t./ l:..':':'~ MY COMMISSION # DD~1066 EXPIRES ;'(';,;:~~?,;: September 2. 2005 ''If.fif.,~~~\~'''' SONDED THRU TROY FAIN iNSURANCE. :NC Page 6 of 7 - Flexible Development Application - Comprehensive !nidl Redevelooment Project- City ot Clearwater . . I. '. ." AFFJDAVlTTC AlITH 0 RrzE AGENT: Lowe' s Herne Center, :t,.nc. a(I'le5 ot aU prcpllrty ownel'2) Thlt (I amr- :Jre) ttle Q'IIlll!lr(S) and rec&:lrU title hClklef(lI) of<1la tbllowIng ~ P"'pet!y (addnIcs or g.neralloc:ationr. . Lawa's - C~earwater .~l z.. 'Thilt this property amstllutM. the p~perly fer llWhich ;; request far r. (doacribe 1lIquest) ~lex~le davQlopmen~ app~o~al for comprehensive infill :3. Tllatttlu l.IndeJ3lghed..(hl!lI1hllve) .ppointeU and (doealdo) l!ppctnt E. O. Armstronc:; I II. ESau~ 1'"El . Johnaon. Blakely; Pope, 'Boker, :Kupf.ei'& Burns. ?A. iII!I (I'lislThl!iry QgBnt(a) 10 e:r.ec:ute any Illltilicna orcther documents necB858lTtD de~3ud1 pelitlon: 3. Tl'I;rt this lIf'IIdavit has been uegutlS4 tg IndLlce the Clty tit C:re;lJw.iltilr, Flarid3 = ClQnsider CJI'Id act on the llItlDV8 dc:ao;ribad p~pl!rty: 4. That 1fl1l BppJiCllnt ac:k~lld'iles !h.IIt alllmpad: fe.. (~nc!l OPld reer&atlon. 1r.lI!'Ic::. etc.) will be p;ilcl PRIOR to the lsauQnc.e-efQ. bulldl.,g p9nT'lIt, ClII'tilical.e af Clc~upllncy, :Sf atl'ler niedl~nism. wtIictleYllf'Cu:c..u:z 11"", . 5. Thst sltlt vlsll.s ta the prcpetty ;IN n.~cy by City na~;.enQotlves in ordertEl proc:es.s thIs: ::lppliCII~Cln and the: OlOII'l.r 3ulhorl:es City I'l!llreMnlQtives la visit 8"d photograph t!'Ia property ~cribed ~, this ii1Clpliaticn: e. - ~o t::> ~ COUN1Y OF PTNc..b.J\S vrll~ ~~t*' ~ti(\"'- &fora mt!! Itlll und~n;lgned. IIn cfflCilr duly c:ommls.sion~ by the lallllS of the St:Jle <If arid..., on this ~\I'e..mb-e.r . '2..0Q'-~on:olllyappeaM tv\\~a..e.\ 'N. R~l"\olQ~ Oepoee!l :mg says: !hat helDn!!. fully IInaarsbinds ltle eontenta (if the Qffid~ l.Ilmt h9 :Igned. STATE OF a..ORID~IJoftk.~\u.. My Cgmmis.!lion E:oplres: Lf-I1-2COS . OFFICIAL L · "lotary Public, North Carolina Coun Amanda T, Handy I4IlJfIriOd!J 002.00.: day of _ \/'/ho h:aving befffl fl~tdl.Jly SWClm J.~ NQtsry' Public: 2atI- S'V'IlIrItllh9 D.,.","tfI~r\,p,p"/ir:2/t",, ~S\de't'fllopm~t 0..__ -, AI .. _ ~C1fih~ Oevelccment Applk:;:Ition - CcmprehenaWe InfiU ~E!'i8Icpment Fn:i~ ~ of C:es....IrtQr 2~9-= 2:J/Z: d EII-J. ) ~~: . I ....... ....,e. '!"J".;", '.:. ' .1.w.??L21+ Ai:~Yle'~OS~HOr-Wc,: ~del:?O 2o-31-ll NCU - 22~2 0~:3= ;)AGC:.03 . H- ~~- ~ ~ ~- MI'P- p}C _ JlS'f _ --- ~~ CJ 1IQ5D(J' - !U~II . . ,.,-=""" - ( . PIlflJJe COlHTY. FLOf:lDA JA: I ~4504 10-14-2002 12:22:5<> 51- DED-LWE'S OOME OOR OOCOOO 1#:02381557 Bl<:122'78 SPG:102? EPG:IO: RrnlRDING 004 PffJES 1 DOC ST~ - DR219 TOTAL: ClfCK 00. IDIDERED: CHAN8E : BY ~ DEPU1Y CLEF:K 02-381557 OCT- 14-2002 12; 22pr: P INELLRS CO 8K 12275 PG 102, 1111\\1 11\\1 \\111 mil \111\ \\1111\\1\ 1!lIIlIIl \111 -dllS INSTRUMENT PREP}\RED BY AND RETURN TO: James B. Soble. Esquire Ruden. McClosky. Smith. Schuster & Russell. P.^- 2700 SunTrust Financial Centre 401 East Jackson Street Tampa. Florida 33602 - -. Parcel Nos. Portion of 17/29/16/00000/320/0300 Portion of 17/29/16/00000/310/0200 GENERAL W ARRA.NTY DEED THIS INDENTURE, made this I t~ day of October, 2002, between NEW PLAN EXCEL REALTY TRUST. INe., a Maryland corporation. formerly Imown as EXCEL REALTY TRUST. me. ("Grantor"). whose post office address is 1120 Avenue of the Americas, New York. New York 10036. and LOWE'S HOME CENTERS, INC., a North Carolina corporation ("Grantee"), whose post office address is Highway 268 East, North Wilkesboro, North Carolina 28659. WITNESSETH, that the said Grantor, for and in consideration of the sum ofTen Dollars ($10.00) and other good and valuable consideration in hand paid, the receipt and sufficiency of which is hereby aclmowledged, has granted, bargained, sold, alienated, remised. released, conveyed and confirmed, and by these presents does grant bargain, sell, alienate, remise, release, convey and confirm unto the said Grantee, and its successors and assigns forever, all that certain land lying and being in the County of Pinellas, State of Florida, more particularly described in Exhibit "A" attached hereto and incorporated herein by reference thereto (hereinafter referred to as the "Property"). TOGETHER with every privilege, right, title, interest and estate, reversion, remainder, easement, tenement, hereditament and appurtenances thereto belonging or in anywise appertaining to the Property. SUBJECT TO the exceptions described on Exhibit "13" attached hereto and incorporated herein by reference thereto. TO HA VE Ai'\fD TO HOLD the same in fee simple forever. And the s:l1d Grantor does hereby fully warrant the title to said Property, and will defend the same agaInst the lawful claims of all persons whomsoever other than those arising from the exceptions listed on Exhibit "13". [SIGNATURE APPEARS ON NEXT PAGE] ("':eJ.J'""\v;Jtc .\1aii. ~\J\\"eSi TP",:'3G:O~.8 ~lrj j ""'_.... ';' $51.10C.: ..: $S1,11~.: $51~lt? .~ $.1 . PI~A5 COUNTY rLA. Orr.~8K 12278 PG 1028 IN WITNESS WHEREOF. the said GraIHor has caused these presents to be signed and sealed the day and year above wrinen. Signed. sealed and delivered In the presence of: NEW PLAN EXCEL REALTY TRUST. INC.. a Maryland corporation, formerly known as EXCEL REALTY TRUST. me. 'o/~~ (Wi mess Signature) By: Pri~t Name~ -:Se:;=:rKiS:>' BBc. ~ L 2;~ z(2~<lA j (Witge'S~Signature) . PriniNa'me: E/"?.4 b4?f ~~AI/..hH1,~ Thomas L. Mulkey, Sen~r Vi e' esident Retail Development (Corporate Seal) STATE OF F/~j{,'jA CO~TY OF J/ I' I/J .b041/ d~ #. The foregoing instrument was acknowledged before me this ~ day of October, 2002, by Thomas L. Mulkey, as Senior Vice President - Retail Development of New Plan Excel Realty Trust, Inc., a Maryland corporation, formerly known as Excel Realty Trust, Inc., on behalf of the corporation. He is [select one]: () personally known to me; or (L..-J produced a lA f-+-h driver's license as identification. My Commission Expires: .'"-:':::;"~'~~O;;'" Elizabeth S. Dennard [.~., ~ "~.~ MY COMMISSION # DD056226 EXPIRES ~i.~.:O'.f October 18,2005 ~"~::~f:::~1:~~~ aCNoro TriiU TiOY FAIN INSUiANa. !NC -'::.J.;\.1"=:~:,," \L:i :~l)\"'~S I -~.:... ""-;c:,-r,- ::J, , - - - - '__ I '- . ~NELLAS COUNTY FLA. OFF .REC.8K 12278 PG 1025 . EXHIBIT "A" LEGAL DESCRIPTION LOT 4 OF PLAT OF CLEARWATER MALL ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 125. PAGES 21 THROUGH 29 OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA. ALSO DESCRIBED AS A PARCEL OF LAND LYING WIT1UN THE SOUTHWEST 1/4 OF SECTION 17. TOWNSHIP 29 SOUTH, RANGE 16 EAST. PINELLAS COUNTY, FLORIDA. BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST 1/4 CORNER OF SECTION 17. TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY. FLORIDA; THENCE, N89042'45"E ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 17 (BEING THE BASIS OF' BEARINGS FOR THIS LEGAL DESCRIPTION), FOR 187.29 FEET; THENCE LEAVING SAID EAST-WEST CENTERLINE OF SECTION 17. SOool7'15"E, FOR 60.00 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF GULF TO BAY BOULEVARD (STATE ROAD 60) AND THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19 (STATE ROAD 55), BOTH AS RECORDED IN OFFICIAL RECORDS BOOK 3511, PAGE 423 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: THENCE ALONG THE SAID EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19 (STATE ROAD 55), THE FOLLOWING FOUR (4) COURSES; S45023'31"W, FOR 117.58 FEET; THENCE SlloI3'33"W, FOR 24.39 FEET; THENCE S03018'45"W, FOR 50.04 FEET; THENCE SOI001'19"W, FOR 59.87 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING THE SAID EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19 (STATE ROAD 55), S89003'26"E, FOR 482.19 FEET; THENCE SOoo56'34"W, FOR 19.94 FEET; THENCE N89042'45"E, FOR 393.20 FEET: THENCE SOool7'15"E, FOR 628.00 FEET; THENCE S89042'45"W, FOR 241.11 FEET; THENCE NOoo17'15"W, FOR 62.00 FEET; THENCE S89042'45"W, FOR 185.29 FEET; THENCE NOo056'34"E, FOR 15.78 FEET; THENCE N89003'26"W, FOR 461.38 FEET TO THE POINT OF INTERSECTION WITH SAJD EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19 (STATE ROAD 55): THENCE ALONG SAID EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19 (STATE ROAD 55), THE FOLLOWING TWO (2) COURSES; NOoo26'47"E, FOR 56.21 FEET; THENCE NO 1 00 1 '19"E, FOR 514.54 FEET TO THE POINT OF BEGINNING. l~~'e::lr.v:::!.te; \t::::il Llwes' TP.\-~39:0:- ,:) . . EXHIBIT "A" TO FLEXIBLE DEVELOPMENT APPLICATION This is a request for flexible development approval of a comprehensive infill redevelopment project. Specifically, approval of this request will allow amendment of the development order (Case No. FL2002-06048) approving outdoor retail sales, display and/or storage at Lowe's Home Improvement Center at the redeveloped Clearwater Mall, as follows: (i) Revision of Condition #1, restricting the height of material stored/displayed in the garden center and storage area, to increase the maximum height from 15 feet to 20 feet. (ii) Revision of Condition #2, limiting the type and height items to be stored in front of the garden center. The applicant requests that these items be garden center items, retaining wall block, bagged mulch and live plants, all up to a maximum height of 8 feet. (iii) Revision of Condition #3, restricting the type of material displayed to be same day contractor pick-up items. The applicant requests that these items include building materials, lumber, concrete blocks, bagged concrete products and plywood, all stored up to a maximum height of 8 feet. The area of display of these materials is depicted on the enclosed site plan. (iv) The development order references chain link fence on the north side of the garden center and on the south side of the staging area. It is requested that these areas be enclosed by CMU block. (v) Modification of the development order to clarify that the size of the garden center is 36,034 sq. ft. (The development order currently states 35,000 sq. ft.) General Applicability Criteria: 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 Lowe's' garden center, as shown on the enclosed architectural renderings, is designed to be in harmony with the architectural style of the entire Clearwater Mall redevelopment project. 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. I ,'1 . . The building located approximately 12 feet north of the northerly side of the garden center is an existing retail tire store and proposed retail, the southern wall of which will be solid and face the garden center. The Stage area located at the southwest corner of the store will be obstructed from view by a 20' high chain link fence covered with a 100% opaque windscreen painted the color of the building. Additional buffer landscaping was already added to approved construction plans so as to obscure the view of the Stage area from U.S. 19. Outdoor storage and display areas at the easterly side of the building will be visible only to customers of the shopping center and are internal to the shopping center. 3) The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. Lowe's designed the proposed garden center and outdoor storage area with consideration for the safety of its customers and employees. The outdoor storage area ("Stage Area" shown on the attached site plan) is to be located in the rear of the building and enclosed with 20' high chain link fencing and a 100% opaque windscreen painted the color of the building. This area will not be easily accessible or visible to customers, who will enter through the front of the building. The items displayed outdoors as indicated on "A", "B" and "C" of the site plan will be stored, stacked and spaced in a manner so as not to interfere with the pedestrian traffic flow entering and exiting the store and garden center. 4) The proposed development is designed to minimize traffic congestion. There are no traffic issues specific to the outdoor storage aspect of the proposed Lowe's. The City reviewed a traffic analysis and the traffic flow throughout the mall site prior to approving the development order for the mall redevelopment. 5) The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The proposed Lowe's is located at the intersection of U.S. 19 and Gulf-to-Bay Boulevard, one of the major commercial nodes in Pinellas County. 6) The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. The proposed Lowe's is located in the northwest corner of the mall site, at the intersection of U.S. 19 and Gulf-to-Bay Blvd. It will not impact any residential areas. The garden center will have a solid wall with one gate opening on its westerly side and will be connected to the store on its southerly side. The north side of the garden center will be a solid wall. The front (east) side of the garden center will be enclosed with black vinyl-coated chain link fence with a knee-wall 2 . . and landscaping as shown on the attached elevations. The outdoor storage area ("Stage Area" on the site plan) will be screened by a windscreen the color of the building located behind the chain link fencing. The garden materials and building materials to be displayed in areas labeled as "A", "B" and "e" of the site plan are intended to be clearly visible to customers. These items will effectively be screened from passersby because they are located on the interior of the shopping center and do not face the right-of-way. Comprehensive Infill Redevelopment Project Criteria: 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards. The nature of the use as a home improvement center requires the storage of materials, and display of materials beyond the size of those at other retail businesses, such as a supermarket or Walmart. Materials requested to be stored up to 20 feet in height will be located within the garden center or in the stage area at the back of the building. Displays in front of the store are requested to be increased from a maximum of 5 feet in height to 8 feet in height. The site cannot be effectively developed without increased height of stored materials because lowering the height of the materials will materially affect the merchandising of Lowe's. The proposed garden center and outdoor storage area are proto-typical to Lowe's and restricting the height below 20 feet will remove the top rack of storage from these areas, which will severely impact Lowe's ability to operate as normal. 2 The development of the parcel proposed for development as a comprehensive infill redevelopment project or residential infill project will not reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the improvements.) The proposed Lowe's is located in the northwest corner of the mall site, at the intersection of U.S. 19 and Gulf-to-Bay Blvd. It will not impact any residential areas. The areas proposed for height increases for storage of materials are located within the mall site and do not affect adjacent parcels. 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater. The use as a Lowe's Home Improvement Center IS allowed within the Commercial district. 3 . . 4. The uses or mix of use within the comprehensive infill redevelopment project are compatible with adjacent land uses. The areas proposed for height increases for storage of materials are located within the mall site and do not affect adjacent parcels. 5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater. The request is specific to the Lowe's Home Improvement Center at Clearwater Mall. This location in the redeveloped mall is suitable to Lowe's due to (i) synergy with Target and other proposed retailers at the site, which would not be available at any other location in the City and (ii) the fact that other locations in the City would infringe on a 3-mile radius of existing Lowe's Home Improvement Centers. 6. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediately vicinity of the parcel proposed for development. The site is part of Clearwater Mall redevelopment which will enhance this area of Gulf-to-Bay and U.S. 19. Addition of a home improvement center, requiring outdoor storage, will provide competitive prices with similar retailers and convenience to customers in this area of the City. 7. The design of the proposed comprehensive infi" redevelopment project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The site is part of Clearwater Mall redevelopment which will enhance this area of Gulf-to-Bay and U.S. 19. 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to the community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The benefits of the mall redevelopment have already been addressed in approval of the development order for Clearwater Mall. The subject request does not affect parking, setbacks or lot size. 4 i ' . . 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Articles 3 will be available to avoid on-street parking in the immediate vicinity of parcel proposed for development. The parking plan was approved as part of the approved site plan for Clearwater Mall redevelopment. 10. The design of all buildings complies with the Tourist District or Downtown District design guidelines in Division 5 of Article 3 (as applicable). These design guidelines are not applicable to the subject property. #280436 v2 5 I , I ~ . ~INELLAS COUNTY ~LA 0~~.REC.8K 12278 PG 1030 EXHIBIT "B" PERMITTED EXCEPTIONS 1. Taxes for the year of 2002 and subsequent years which are not yet due and payable. 2. OperatIon and Easement Agreement by and between Clearwater Mall. LLC. a Delaware limIted liability company; Lowe's Home Centers. Inc.. a North Carolina corporation: Costco Wholesale Corporation, a Washington corporation. and Target Corporation. a Minnesota corporation, to be recorded in the Public Records of Pine lIas County. Florida. 3. Unrecorded Temporary Easement granted to Rorida Power Corporation dated September 26. 2002. 4. Matters. if any. as shoMl on Plat of Clearwater Mall recorded in Plat Book 125, Pages 21 through 29 of the Public Records of Pine lIas County, Florida. ~ C1e:l:"""v3ter ,\1::1111 ~0\l,;eS ~ !P.1,-239~O~-3 ~() c: ~P" z (I) 0 tl.Jn ~ o~ C/) S20 tl.Jt:! ~ )> oPJ 0 t:! C/) art 0 PJ C/) tI.J(I) ~ rt 0 (I) 0 ~ o() ~ ::u m op" 1-1 (I) C/) 0(1) ~ Hl tJ:::-.n 0 (I) Z \O~ 0 11 0 m ~ (I) wZ l:j 0 n (I) tU ()~ 0 H t-3 Z o~ 0 1-10 WI1 Z 0 ()< Q H(I) t-3 11 t-3l:j 0 0 t<p.. rt rn 0 PJ rn 011 ~~ 1-1 t'%j tI.J ~ ~ Z oQ 0 ()PJ UlI1 lJ1 0 t'i. S . 0 . ~ t:Ej(l) orn 0 l:j ~ orn 0 rt ~ t-3 tz:I ::tt t:! t-3 (I) 0 ~ rt PJ n ~ rt ......- t:! 0 . (I) . l:j op.. 0 o . 0 C..j 0 tr () O() p" op" (I) Z 0(1) n (I) ~n ~ rt \O?i' ~ 1-1 0'\ ~~ ~ ~ w 0 ~ 1110 lJ1 0 . ~ . ~ <.D ol:j 0 l:j en art 0 rt W , I > . CASE DATE Rc t:.IVED: RECEIVED BY (staff initials): ATLAS PAGE#: ZONING DISTRICT: LAND USE CLASSIFICATION: SURROUNDING USES OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: o Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 - () o iSUBMIT 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 $ 1,205.00 * NOTE: 13 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLANS SETS) FLEXIBLE DEVELOPMENT APPLICATION Comprehensive Infill Redevelopment Project (Revised 11/05/02) ~ PLEASE TYPE OR PRINT ~ use additional sheets as necessary A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) APPLICANT NAME: Lowe's Home Centers, Inc., a North Carolina corporation MAILING ADDRESS: Highway 268 East, North Wilkesboro, NC 28659 E-MAIL ADDRESS: PHONE NUMBER: CELL NUMBER: FAX NUMBER: PROPERTY OWNER(S): Same as above (Must indude ALL owners) MAILING ADDRESS: E. D. Armstrong III, Johnson, Blakely, et 911 Chestnllt: Strppt . Esquire al AGENT NAME(S): ('1 ",,,,,,,,.Tat"':!:" , f;'T "33756 E-MAILADDRESS'~C~ .~ CELL NUMBER: PHONE NUMBER: 727-461-1818 727-462-0365 FAX NUMBER: B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS of subject site: Located within Clearwater Mall - SE corner of U.S. 19 & Gulf-to-B y LEGAL DESCRIPTION: Lot 4, Plat of Clearwater Mall, accordinq to olat recorded in Plat Book 1 5, Pages 21 through (i; "ot listed here, please note the location of this document in the submittal) 29, Public Records of Pine lIas (ounty PARCEL NUMBER: Portion", n-F 17/79/16/00000/320/0200 oS. 0300 PARCEL SIZE: Approx. 11.5 acres (acres, square feet) P~OPOSED USE AND SIZE: Lowe's Home Improvement Center - see attached site plan (number of dwelling units, hotel rooms or square footage of nonresidential use) DESCRIPTION OF REQUEST(S): See Exhibit "AU for detail of rec;Iuest. (include all requested code deviations; e,g, reduction in reqUired number of parking spaces, specific use, etc,) Page 1 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater II DOE~ THIS APPLICATION INVOLVE THE T ER OF DEVELOPMENT RIGHTS (TOR), A PR L Y APPROVED PLANNED UNIT D. I$LOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO _ - \' 'Yes, attach a copy of the applicable d, ullnents) pROOF OF OWNERSHIP: (Section 4-202.A) 0, SUBMIT A COpy OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 6) D. WRITTEN SUBMITTAL REQUIREMENTS: (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. S xh' b' II II . ee E ~ ~t A for answers to all cr~teria. 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. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. 4. The proposed development is designed to minimize traffic congestion_ 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. o Provide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA (as applicable) - Explain how each criteria is achieved in detail: 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards. Page 2 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearw ater I , 2. jrhe development of the parcel proposed for development as a comprehensive infill redevelopmproject or residential infill project will not reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the improvements. ) 3, The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater. 4. The uses or mix of use within the comprehensive infill redevelopment project are compatible with adjacent land uses. 5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater. 6. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. 7. The design of the proposed comprehensive infill redevelopment project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. $. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of parcel proposed for development. 10. The design of all buildings complies with the Tourist District or Downtown District design guidelines in Division 5 of Article 3 (as applicable). Use separate sheets as necessary. Page 3 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearw ater II E. SUPPLEMENTAL SUBMITTAL .IREMENTS: (Code Section 4-202.A) . $IGNED AND SEALED SURVEY (including legal description of property) - One original and 12 copies; q j 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; ,0 PARKING DEIVIAND 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; o GRADING PLAN, as applicable; o PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); o COpy OF RECORDED PLAT, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) o 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, including handicapped spaces; 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 jurisdictional lines adjacent to wetlands; 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: 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 REDUCED SITE PLAN to scale (8 Y:z X 11) and color rendering if possible CI 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 Page 4 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater II lj.ANDSCAPING PLAN SUBMITT 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 (as indicated on required tree survey); 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); I rrigation notes EQUIREMENTS: (Section '4-11 02.A) o REDUCED LANDSCAPE PLAN to scale (8 'h X 11) (color rendering if possible) o IRRIGATION PLAN (required for Level Two and Three applications) o COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable H. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and 4-202.A.21 ) o STORMWA TER 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 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. a BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials a REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 'h X 11) (black and white and color rendering, if possible) as required J. SIGNAGE: (Division 19. SIGNS I Section 3-1806) a All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. a All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing a Comprehensive Sign Program application, as applicable (separate application and fee required). o Reduced signage proposal (8 'h X 11) (color), if submitting <..;omprehensive Sign Program application. Page 5 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearw ater II ! I trRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) 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: &~ $ignature of property owner or representative E. D. Armstrong III, Representative STATE OF FLORIDA, COUNTY OF PINELLAS r Sworn to and subscribed before me this "3-1 ~ day of NClvem Io~r , A.D. 20...02.. to me and/or by E. D. Arms.1'TOf"\<3 III , who is personally known "t11ls- ~ ~ i~ 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. ~t.~ commission expires: ,.1~r.v:'r~< Jayne E. Sears f*/'A'\*~ MY COMMISSION # DDO~1066 EXPIRES ;.~.A.~":.,; September 2, 2005 "I"f..P.f.:I~'<f,." SONDED THRU TROY fAIN INSURANCE. INC Page 6 of 7 - Aexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearw ater II 11/19/02 Tt~ 09:54 FAX ~003 . . , . "." , , " _ AFFIDAVIT TO AlIJ"H 0 RlZE AGEN"~ :t.Qwe' s Home center. :tnc. o-.i1I'I'le5 of aU property awners) 1. ",.1 (I amJwe lR) ltle G~n8r(.) and reGOrd. title halder(s) of '!I. lbl\owlng .t-. ibe4 propeIty (adcIlw:s or Sleneralloc:Btion~ . Law~'s - cLearwater .~l 2. 'Thllt this propelty constltw-. the property far Which a request far a: (ducrile ftlquest) Flexible 4avGlopmen~ app~o~al for e~rehenBive infill 3. Thattfle underslghed..(h.llltllwe) appointed and (deetJdo) l!ppoInl: E. I). Arulstron~ I II. ESa'Ui t"A . Johnson. ~lake1y; Pope, 'Boko~. RuP~el'& Burns. P.A. .. (hislthei" ogent(a) 10 edCU\IR any petiliona or gthEf' dac;umentll'l8C8lMi8I7 to lIIJeGt audl petitio,,: 3.. That Ihi.affidavit has been eaeQUtacl ~ IndLlClll the City Gf t:le1Irwatar, PloridB m cgnsidar IIrld lIat ~I'l the IItlIW8 ~ property: 4. That tfI. lIpplical'lt: ac:knowllld;e5 thlat allmpad: fe.. (pQrtc!1 ."It recreatlGn.lrlIIIIc:. ele.) will be paid PRIOR to theluulll\CJloef'Q, bulldl.,g petmlt, ClIItifica18 of OCIOUpanoy, !,f ClIiter meoh:ani&m. \lWtI1dIeY8rOl:c&n Ihwt . 5_ Thllt site vl&l1s ta &he prtlpelty aJQ neeusary by City ~"es in ordertD pnK189S !hIE application and.lhe: CMI'I.r authorIZes City ",pnlIIIIntetives Il:I visit 8"d photognaph trill property deaa1'bed h this lIf1plic:ation: 8. COUN1Y of P1NEl:bAi vrd~ N~t~, ~11(\(A.. s.rol'8 me ttll!l undllllZlgned. an .,mQlr duly commissioned by the laws of the SIp.lf 1Qrt(M. an lh1s ~\lt.m"-4!.(, , -z..oa 'L pIIl'Sonlllll~ .ppelnd ""i~o..c.\ IN. \<.~I"\o\~ Depoaellllillnd says lI'IGt h8lahl! fully undarsblinds the CD~of the effidM UIal he sl; . STATE OF ROlUD~~~~\u.. S'\PtlWlll,)Jg O..,.."",e,"lAppliellllatt Fom!sld.,,8IopmlJllt day at Who h~ving ~en flr&tduly swam 2.0-\1- My CcmtniMlon Expires: U l-n-2COS ~.~ NC\8l'y'Publie "... ' . ~__ "7 "', 7 _ R...1h1P. c.velOClnlent APplfeatian - Comprel1en8We InfI>> Rl!develapment PnI1ecr.; ~ rd CleellWrger ZI!9-~ ZO/ZO'd EII-J," ,.".": ;.... .....i~..:..'!:.t1\".).~.,..;:'. ," )..-:'. . ..' 11981..121+ . A'3~V'a'NoSNHOr-WCJ~ wdSI:,O ZO~Bl-ll NOU 19 2002 09:36 PAGE. 03 II . . EXHIBIT "A" TO FLEXIBLE DEVELOPMENT APPLICATION This is a request for flexible development approval of a comprehensive infill redevelopment project. Specifically, approval of this request will allow amendment of the development order (Case No. FL2002-06048) approving outdoor retail sales, display and/or storage at Lowe's Home Improvement Center at the redeveloped Clearwater Mall, as follows: (i) Revision of Condition #1, restricting the height of material stored/displayed in the garden center and storage area, to increase the maximum height from 15 feet to 20 feet. (ii) Revision of Condition #2, limiting the type and height items to be stored in front of the garden center. The applicant requests that these items be garden center items, retaining wall block, bagged mulch and live plants, all up to a maximum height of 8 feet. (iii) Revision of Condition #3, restricting the type of material displayed to be same day contractor pick-up items. The applicant requests that these items include building materials, lumber, concrete blocks, bagged concrete products and plywood, all stored up to a maximum height of 8 feet. The area of display of these materials is depicted on the enclosed site plan. (iv) The development order references chain link fence on the north. side of the garden center and on the south side of the staging area. It is requested that these areas be enclosed by CMU block. (v) Modification of the development order to clarify that the size of the garden center is 36,034 sq. ft. (The development order currently states 35,000 sq. ft.) General Applicability Criteria: 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 Lowe's' garden center, as shown on the enclosed architectural renderings, is designed to be in harmony with the architectural style of the entire Clearwater Mall redevelopment project. 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 building located approximately 12 feet north of the northerly side of the garden center is an existing retail tire store and proposed retail, the southern wall of which will be solid and face the garden center. The Stage area located at the southwest corner of the store will be obstructed from view by a 20' high chain link fence covered with a 100% opaque windscreen painted the color of the building. Additional buffer landscaping was already added to approved construction plans so as to obscure the view of the Stage area from U.S. 19. Outdoor storage and display areas at the easterly side of the building will be visible only to customers of the shopping center and are internal to the shopping center. 3) The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. Lowe's designed the proposed garden center and outdoor storage area with consideration for the safety of its customers and employees. The outdoor storage area ("Stage Area" shown on the attached site plan) is to be located in the rear of the building and enclosed with 20' high chain link fencing and a 100% opaque windscreen painted the color of the building. This area will not be easily accessible or visible to customers, who will enter through the front of the building. The items displayed outdoors as indicated on "A", "B" and "C" of the site plan will be stored, stacked and spaced in a manner so as not to interfere with the pedestrian traffic flow entering and exiting the store and garden center. 4) The proposed development is designed to minimize traffic congestion. There are no traffic issues specific to the outdoor storage aspect of the proposed Lowe's. The City reviewed a traffic analysis and the traffic flow throughout the mall site prior to approving the development order for the mall redevelopment. 5) The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The proposed Lowe's is located at the intersection of U.S. 19 and Gulf-to-Bay Boulevard, one of the major commercial nodes in Pinellas County. 6) The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. The proposed Lowe's is located in the northwest corner of the mall site, at the intersection of U.S. 19 and Gulf-to-Bay Blvd. It will not impact any residential areas. The garden center will have a solid wall with one gate opening on its westerly side and will be connected to the store on its southerly side. The north side of the garden center will be a solid wall. The front (east) side of the garden center will be enclosed with black vinyl-coated chain link fence with a knee-wall 2 II . . and landscaping as shown on the attached elevations. The outdoor storage area ("Stage Area" on the site plan) will be screened by a windscreen the color of the building located behind the chain link fencing. The garden materials and building materials to be displayed in areas labeled as "A", "B" and "C" of the site plan are intended to be clearly visible to customers. These items will effectively be screened from passersby because they are located on the interior of the shopping center and do not face the right-of-way. Comprehensive Infill Redevelopment Project Criteria: 1. The development or redevelopment. of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards. The nature of the use as a home improvement center requires the storage of materials, and display of materials beyond the size of those at other retail businesses, such as a supermarket or Walmart. Materials requested to be stored up to 20 feet in height will be located within the garden center or in the stage area at the back of the building. Displays in front of the store are requested to be increased from a maximum of 5 feet in height to 8 feet in height. The site cannot be effectively developed without increased height of stored materials because lowering the height of the materials will materially affect the merchandising of Lowe's. The proposed garden center and outdoor storage area are proto-typical to Lowe's and restricting the height below 20 feet will remove the top rack of storage from these areas, which will severely impact Lowe's ability to operate as normal. 2 The development of the parcel proposed for development as a comprehensive infill redevelopment project or residential infill project will not reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the improvements. ) The proposed Lowe's is located in the northwest corner of the mall site, at the intersection of U.S. 19 and Gulf-to-Bay Blvd. It will not impact any residential areas. The areas proposed for height increases for storage of materials are located within the mall site and do not affect adjacent parcels. 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater. The use as a Lowe's Home Improvement Center is allowed within the Commercial district. 3 . . 4. The uses or mix of use within the comprehensive infill redevelopment project are compatible with adjacent land uses. The areas proposed for height increases for storage of materials are located within the mall site and do not affect adjacent parcels. 5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater. The request is specific to the Lowe's Home Improvement Center at Clearwater Mall. This location in the redeveloped mall is suitable to Lowe's due to (i) synergy with Target and other proposed retailers at the site, which would not be available at any other location in the City and (ii) the fact that other locations in the City would infringe on a 3-mile radius of existing Lowe's Home Improvement Centers. 6. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediately vicinity of the parcel proposed for development. The site is part of Clearwater Mall redevelopment which will enhance this area of Gulf-to-Bay and U.S. 19. Addition of a home improvement center, requiring outdoor storage, will provide competitive prices with similar retailers and convenience to customers in this area of the City. 7. The design of the proposed comprehensive infill redevelopment project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The site is part of Clearwater Mall redevelopment which will enhance this area of Gulf-to-Bay and U.S. 19. 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to the community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The benefits of the mall redevelopment have already been addressed in approval of the development order for Clearwater Mall. The subject request does not affect parking, setbacks or lot size. 4 " . . 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Articles 3 will be available to avoid on-street parking in the immediate vicinity of parcel proposed for development. The parking plan was approved as part of the approved site plan for Clearwater Mall redevelopment. 10. The design of all buildings complies with the Tourist District or Downtown District design guidelines in Division 5 of Article 3 (as applicable). These design guidelines are not applicable to the subject property. #280436 v2 5 TOTAL: ClfCK 00. IDIDERED: CHANGE : BY _~_ DEPUTY CLEHK 02-381557 OCT-14-2002 12:22~ PINELLRS CO 8K 12278 PG 102i GENERAL WARRANTY DEED 1111111111111111I1111111111111111111111\1111111111 THIS INDENTURE, made this I t~ day of October, 2002, between NEW PLAN EXCEL REALTY TRUST. INC., a Maryland corporation, formerly lrnown as EXCEL REALTY TRUST, INC. ("Grantor"), whose post office address is 1120 Avenue of the Americas, New York. New York 10036, and LOWE'S HOME CENTERS, INC., a North Carolina corporation ("Grantee"), whose post office address is Highway 268 East, North Wilkesboro, North Carolina 28659. . I i'HIS INSTRUMENT PREPARED BY AND RETURN TO: James B. Soble. Esquire Ruden. McClosky, Smith. Schuster & Russell, P .A. 2700 SunTrust Financial Centre 401 East Jackson Street Tampa, Florida 33602 It-- .' ~~l DSc#jftJ2"' w:r ::sBS _ M1'P _ PIC _ .. --- -- ~;2~50(f ~ JAi PIlfllAS COllffY. FLORIDA 3C204504 10-14-2002 12:22:54 51 DED-L(Jl,,1( I S ftJId.E CNTF~ OOCOOO IU:02381557 BK:12278 SPG:I027 EF'G:l0: REroRDIHG 004 PAGES 1 $1'~.; DOC STIlIP - DR219 J $51.10C.: - -. $51.119.: $51 ~ It? . ~ $.1 Parcel Nos. Portion of 17/29/16/00000/320/0300 Portion of 17/29/16/00000/31010200 WITNESSETH, that the said Grantor, for and'in consideration of the sum ofTen Dollars ($10.00) and other' good and valuable consideration in hand paid, the receipt and sufficiency of which is hereby aclrnowledged, has granted, bargained, sold, alienated, remised. released, conveyed and confirmed, and by these presents does grant, bargain, sell, alienate, remise, release, convey and confirm unto the said Grantee, and its successors and assigns forever, all that certain land lying and being in the County of Pinellas, State of Florida, more particularly described in Exhibit "A" attached hereto and incorporated herein by reference thereto (hereinafter referred to as the "Property"). TOGETHER with every privilege, right, title, interest and estate, reversion, remainder, easement, tenement, hereditament and appurtenances thereto belonging or in anywise appertaining to the Property. SUBJECT TO the exceptions described on Exhibit "B" attached hereto and incorporated herein by reference thereto. TO HAVE AND TO HOLD the same in fee simple forever. And the said Grantor does hereby fully warrant the title to said Property, and will defend the same against the lawful claims of all persons whomsoever other than those arising from the exceptions listed on Exhibit "B". [SIGNATURE APPEARS ON NEXT PAGE] Clearwater Mall (Lowes) TPA:239207:8 . pr~- COUNTY rLA. OFF.~~ 12278 PG 1028 II IN WITNESS WHEREOF, the said Grantor has caused these presents to be signed and sealed the day and year above written. Signed. sealed and delivered in the presence of: NEW PLAN EXCEL REALTY TRUST. INC.. a Maryland corporation, formerly known as EXCEL REALTY TRUST. INe. ~!~~ (Wi ess SIgnature) Print Name: -:::;~;::rJ:6'7' B&fc~ By: Thomas L. Mulkey, Sen r Vie esident Retail Development (Corporate Seal) STATE OF P/fJ/<,'JA COUNTY OF J./ l II..; .6()~tI vr #. The foregoing instrument was acknowledged before me this ~ day of October, 2002, by Thomas L. Mulkey, as Senior Vice President - Retail Development of New Plan Excel Realty Trust, Inc., a Maryland corporation, formerly known as Excel Realty Trust, Inc., on behalf of the corporation. He is [select one]: () personally known to me; or (L.-J produced a lA h+-h driver's license as identification. d My Commission Expires: ....;.~~.r~ Elizabeth S. Dennard t:rJ;;." ::~ MY COMMISSION # 00056226 EXPIRES "'~.J!~!kO': October 18, 2005 ....~;ii{,:f.,1f,... BONDEDTHRU TROY FAIN INSURANCE. INC 2 Clearwater Mall (Lowes) TPA:239207:8 . ~ELLAS COUNTY FLA. OFF .REC.8K 12278 PG 1029 . . EXHffiIT "A" LEGAL DESCRIPTION LOT 4 OF PLAT OF CLEARWATER MALL ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 125. PAGES 21 THROUGH 29 OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA. ALSO DESCRIBED AS A PARCEL OF LAND LYING WITHIN THE SOUTHWEST 1/4 OF SECTION 17. TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST 1/4 CORNER OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY. FLORIDA; THENCE, N89042'45"E ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 17 (BEING THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION), FOR 187.29 FEET; TIIENCE LEAVING SAID EAST-WEST CENTERLINE OF SECTION 17, SOool7'15"E, FOR 60.00 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF GULF TO BAY BOULEVARD (STATE ROAD 60) AND THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19 (STATE ROAD 55), BOTH AS RECORDED IN OFFICIAL RECORDS BOOK 3511, PAGE 423 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE SAID EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19 (STATE ROAD 55), THE FOLLOWING FOUR (4) COURSES; S45023'31"W, FOR 117.58 FEET; THENCE Sl1013'33"W, FOR 24.39 FEET; THENCE S03018'45"W, FOR 50.04 FEET; THENCE SOI001'19"W, FOR 59.87 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING THE SAID EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19 (STATE ROAD 55), S89003'26"E, FOR 482.19 FEET; THENCE SOoo56'34"W, FOR 19.94 FEET; THENCE N89042'45"E, FOR 393.20 FEET; THENCE SOoo17'15"E, FOR 628.00 FEET; THENCE S89042'45"W, FOR 241.11 FEET; THENCE NOool7'15"W, FOR 62.00 FEET; THENCE S89042'45"W, FOR 185.29 FEET; THENCE NOoo56'34"E, FOR 15.78 FEET; THENCE N89003'26"W, FOR 461.38 FEET TO THE POINT OF INTERSECTION WITH SAID EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19 (STATE ROAD 55); THENCE ALONG SAID EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19 (STATE ROAD 55), THE FOLLOWING TWO (2) COURSES; NOoo26'47"E, FOR 56.21 FEET; THENCE NOl oOI'19"E, FOR 514.54 FEET TO THE POINT OF BEGINNING. 3 Clearwater Mall (Lowes) TPA:239207:8 . EXHIBIT "E" tI1rNELLAS OF"F' .REC.8K COUNTY F'LA 1227.8 PG 1030 PERMITTED EXCEPTIONS 1. Taxes for the year of 2002 and subsequent years which are not yet due and payable. 2. Operation and Easement Agreement by and between Clearwater Mall. LLC, a Delaware limited liability company; Lowe's Home Centers, Inc., a North Carolina corporation: Costco Wholesale Corporation, a Washington corporation, and Target Corporation. a Minnesota corporation, to be recorded in the Public Records of Pin ell as County, Florida. 3. Unrecorded Temporary Easement granted to Florida Power Corporation dated September 26,2002. 4. 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(';;;;1'. cm;;:i::~ I ....... it': r-jj''':,l.!, n">> ! il --.-- .-- 33/02 I /-;-5,2, ! i ~~:-~~. L~~!!~::'." a+l _ -:I~ i j Urrr~12': I (A i "8: I ! ~_:,,!.:. c] i5;97': ir UNIT 11 i 1'''22::::98 i. i ....J ' ~~....'& 01-5'"", I I l' ."' .....-... ~.._.., . /~rz"'" Cc) -~~;~::::: - ------- on] l .-------:;~ j l L..~.i l~J /. ~ii'4' '.. /./ .,:<9 r-.~==~------ -----o~9 I -..:::>. // " QIllT("1 !', ,(.,8', 'I~' '--', C~~ ' ! ' , '. -. ' 1 II .8 !Al 1/ ....-~..~'.;r I. 18; 1 i ISI II ......::.."'//. \ \ l?J5\s..1 ....! ..;,~~~.~/~/ I! ! ~'18~..~ : A i loLe7 i ~:r._,~~. '." 1\ ,\.__.__________~ \ ",1""'87 l' ! ' 'I ! il ,--.-. l' i Ai" Lt...------...-..---. ........ ..... l :.._JI L.._. -.... 1...:..1 ,I J '.'.'-'-.. ...1 I . '. -----:_ ,----------- 10"-':_ -. .il {"'''--' . . ~,' . .... . ',~ L_~_...? i c''.! l / '. 12-8-..1,~ of; .............. ,i 01.,./:': ", I' ~/, , . ,.r..."",., " ".~ __ ,__H__ 7~-:::V= ,'''''' U ........J .-.... " t\'" , ~ SMLE . ,.." . 33/0' C I M D R 33/0' ~~ ~ II 'il i'II"II"~ M~ "11~..hl..lllnl'.I".I! l..i..~..II..I..II.'I.V1 -/I 33/05 . 310A . . . , . . A Planners LINCKS & ASSOCIATES, INC. November 21, 2002 Ms. Lisa Fierce City of Clearwater Planning Services Municipal Services Building, 2nd Floor 100 S. Myrtle Ave. Clearwater, FL 33756 r .... .."....... --....., --.~--_._,..:c:"C..:...,._". ,[i'l It:c; (:) Il~ U ~~/lc "~~.I.': i ) -< r---" --No'li Ii: IJU!.' NOV 22 2002 1,.~ i I.' L II. I' L , ! J~--" , "-~.'~'7'-"'~~ i' Pl.Ar..J d '<.I (. Lit --.-. t'II~Vj'C; ("" 1"1"\1 /,C .....~~ ~ ;. ' ~ l....".l'l .-' ~.~~_..~ "_I,...::: \ . ~,_, ;,:;..~L,..~.............._" :' Re: Lowe's - Clearwater Mall Lincks Project No. L01149 Dear Ms. Fierce: The purpose of the letter is to summarize our meeting on November 5, 2002, regarding the proposed Lowe's within Clearwater Mall. The following summarizes the discussions at our meeting. - 1. Development Order - Case No. FL' 01-1293 dated September 20, 2002. The subject Development Order (DO) contains color elevations that differ from the elevations for the Lowe's building submitted to the City of Clearwater in conjunction with the outdoor display and storage request (Case No. FL 2002- 06048). You indicated that the elevations submitted with the outdoor display and storage request are the approved elevations for the Lowe's building. The only modification to the elevations submitted for the outdoor display and storage request is the chain link fence on the north side of the garden center that has been revised to CMU due to building code issues. Also in the meeting, I presented to you the color chips for the Lowe's building, in which you indicated the chips were acceptable to the City. I have enclosed a copy of the Lowe's building elevations and the color chips for your files. 2. Development Order - Case No SGN 2002-06004 dated September 24, 2002. Lowe's proposes to modify the main Lowe's sign at the front and rear of the building to conform to the building elevations submitted with the outdoor storage and display request. You indicated in our meeting that the proposed modifications appear to be acceptable, but to make your final determination you 5023 West Laurel Street Tampa, Florida 33607 813 289 0039 Telephone 813 287 0674 Telefax www.lincks,com Website , I . . Ms. Lisa Fierce November 21 , 2002 Page 2 need the revised page to the master sign plan showing the proposed signs along with a proposed square footage. Enclosed with this letter is the revised master sign plan sheet providing the actual square footage of the signs. As shown, the overall square footage of the signs has been reduced from the approved master sign plan. 3. Development Order - Case No. FL2002-06048 dated September 10, 2002. You indicated that the proposed changes 1, 2, and 3.1 outlined in my letter to Mark Parry dated October 2, 2002, a copy of which is included with this letter, were acceptable to the City, except 3.1 would require Community Development Board approval, but you felt given the design of the building, staff could support the request. You expressed some concerns with 3.2 and 3.3 and indicated that staff may support some increase in height in the display of live plant material, but the staff would probably not support the display of any other materials. If any of the above i not as you recall, please give me a call at your earliest convenience. We ap ciate your assistance with this matter. Sincerely, r,\ - '0" )':J~~-;;".'~>.'~ ..,.,.' ,,'U _~,1,. ""; .,.,.... lilll~~~_2_2 2002 PLA!~". 'i, ' -- r ~.-T i ' Enclosures Cc: Mike Reynolds Jim Robertson Chuck Hickl Tom Hareas Ed Armstrong , ~ CIL WCoverSheet . . FLD2002-11040 20505 US HIGHWAY 19 N Date Received: 12/23/2002 LOWE'S ZONING DISTRICT: C LAND USE: CG ATLAS PAGE: 300A P A. I,D CK. NO. DAlE 1:2 ..2~o6L. St.J}/) ~ ..... . CAS, h DATE RECEIVED: U' RECEIVED BY (staff il).itials): ATLAS PAGE #: --'C/Il A ZONING DISTRICT: c.... LAND USE CLASSIFICATION: (?h SURROUNDING USES OF ADJACENT PROPERTIES: r NORTH: \,/ SOUTH: J WEST: _ EAST: Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 , SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ,,-(SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans tpI SUBMIT APPLICATION FEE $ 1,205.00 * NOTE: 13 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLANS SETS) FLEXIBLE DEVELOPMENT APPLICATION Comprehensive Infill Redevelopment Project (Revised 11/05/02) _ PLEASE TYPE OR PRINT-use additional sheets as necessary A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) APPLICANT NAME: Lowe's Home Centers, Inc., a North Carolina corporation MAILING ADDRESS: Highway 268 East, North Wilkesboro, NC 28659 E-MAIL. ADDRESS: PHONE NUMBER: ,...."'"";~ dTGy & FDL~ "SLOP'.:oo SVCS J ct t./,RVVi-\TER '- CELL NUMBER: FAX NUMBER: PIltOPERTY OWNER(S): Same as above (Must include ALL owners) Aq;ENT NAME(S): E. D. Armstrong III, Esquire Johnson, Blakely, et al MJl-ILlNGADDRESS: 911 Chestnut St-rpPt-. rlp;;JY".7ater. PT 33756 E-MAil ADDRESS: eda@jbpfirm.com PHONE NUMBER: 727-461-1818 727-462-0365 CELL NUMBER: FAX NUMBER: D DEVELOPMENT INFORMATION: \.:..~ ~ s: Located within cle~rwater Mall - SE corner of U.S. 19 & Gulf-to-B LIiGAl DESCRIPTION: Lot 4, Plat of Clearwater Mall, accordinq to plat recorded in Plat Book 1 P;ages 21 through (~; '10t listed here, please note the location of this document in the submittal) 29, Public Records of P inellas PARCEL NUMBER: Portinnc: ,.,of 1 7/2~/lg/OgOgO/~20/9200 So 0300 PARCEL SIZE: Approx. 11.5 acres (acres, square feet) PROPOSED USE AND SIZE: Lowe I s Home Improvement Center - see attached site plan (number of dwelling units, hotel rooms or square footage of nonresidential use) DESCRIPTION OF REQUEST(S): See Exhibit" A" for detail of request. (include all requested code deviations; e.g. reduction in required number of parking spaces, specifiC use, etc.) Page 1 of 7 - Aexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater I , . - .' , 2. r The development of the parcel proposed for development as a comprehensive infill redevelopment project or residential infill project will not 'l8duce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the itnprovements.) I I 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater. 4. The uses or mix of use within the comprehensive infill redevelopment project are compatible with adjacent land uses. 5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater. 6. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate viCinity of the parcel proposed for development. 7. The design of the proposed comprehensive infill redevelopment project creates a form and function that enhances the community character of , the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of parcel proposed for development. 10. The design of all buildings complies with the Tourist District or Downtown District design guidelines in Division 5 of Article 3 (as applicable). Use separate sheets as necessary. Page 3 of 7 - Aexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearw ater II I' G. LANDSCAPING PLAN SUBMrrr! REQUIREMENTS: (Section'4-1102.A) · I .(t Q. fL ! rB @ @ 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 (as indicated on required tree survey); 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 applications) COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable H. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and 4-202.A.21 ) 6> 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 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) o All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. o All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing o Comprehensive Sign Program application, as applicable (separate application and fee required). o Reduced signage proposal (8 Yz X 11) (color), if submitting Comprehensive Sign Program application. .1 Page 5 of 7 _ Aexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater ~ill1/19/02 ';" TUE 09:54 FAX . . I4J 003 l. " , j . , ! '.' ". I -I AFFIDAVIT TO AUTHORIZE AGENT"; , r.OWl!I' s HOflle center, :~nc. , , 1. That II ami_ are) the ci~Iler(.) and reGOrd.tiIIe halder(e) of~ lbtIowIng -..,jbed Jl~ (adcha or g."eralloaation): , Lowe's - CLearw~ter ,Mall a. That this property CllfI8tltu.., the prapelty far "Which a request far 8: (cIucribe 1lIquest) Flexible davQlopman~ approval for o~rehensive infill 3. That'tl'le undellllghed..(heIllhBve) appointed and (deetldo) L'ppolnt: E. O. AJ:mstronc:r I II. Esa'll oj T'9 . Johnson. :Blake1y; Pope r . Bak.a::, RuPk.e1' & Burns. P. A. .. (hisJt)lei" Ggll!lllC(.) 10 edClI1fe any plJtitiona or otIlcr dacUmenI$ I'I8ClD8&lII7 to ~ aud! petition; 3.. That Utls allldavlt'has been uaeQUta4 ~ tndllae the City at C:re.rwat.P', PICllridI UI CllnsiderlUlct lI!:It 0f'I the: lIIDllVe dI::al;ribed propelty: 4. Thal1tltl applicant ac:knowllI1Q;es th8t .. ImpDCl: f.88 (p:arkll orld ~arJan. trarIIc:. etc.) will be paid PRIOR to the luuGnClllo etll bulldl.,g" Jl8nnlt, W/tificaUil elf ocwpengy, ar ather med!;lnism. wtITdlewlrGl:l:LlfS _ . . . 5. Thet site vlslls tD Ih- propefly ere ftHUSa'Y by City ~t1"es in ontw1D pnICeSS !hie appliGlltlan ancllhe: ~ autholUes City II!preunll!ltjvos 10 wlsila"d photogfllph tlllIl pl'tlperty *c:n'becl ~l this al)plic:alion: 8. That (11wI!:). the unlhlrsigned 8uthOrity. hereby ceJtify thet tl'le faNgoing i:s II'U8 and CIIOrr Lo",e' :B = PrwIpelty ~OUN1Y OF PIPil8;V,i \,Jd~ N~r\h ~u^"- Wore me 1M undllln:lgned. .n ~ dilly cammlssion@(j by Ill. laws ofdle SS~rICl~ lhls N~"t.m" -t (' , '2,..0 C) 'Z.... pltlSanally .pp~ N\ i~~ ~ \ I,J, l"'\ ol d ~ Oepoaelll :and says lhGt he/aha fully Unctcnlands the: contents r.,the effidM u.t he aI" . STA'IE OF aORlB~~~~\u.. r.,y CcImmissian e.plres.: lL -l-n-LCO$ Zatl- day at _ who h:aving bMn f1r5td\lly $WCIm $:1~ DlIIpart"'ertllA~.lott Forff/s\thwlllopmflll' ,. , ao.__ .., "', 7 _ I=lDWIhIP- OeveloElment APPItcJtiao - CampreheMWe Int1II: ~C!!"!JIa~t, ~l~~,~1 .$=I~lWlll.~ ZI!9-:J ZO/lO'd EII-J. ' ' ...1, , "'.' .... .\.,J..,!,,,,h,).,'.,:.' ,."" . .' 119BI~)lZl+ . A'3~V'e'NoSNHOr-WaJ~ WDSI:VO 0" ',' 20.8l-ll NOU 19 2002 09:36 PAGE. 03 II . . The building located approximately 12 feet north of the northerly side of the garden center is an existing retail tire store and proposed retail, the southern wall of which will be solid and face the garden center. The outdoor storage area is located at the southwest corner of the store, and will be obstructed from view by added landscaping adjacent to U,S. 19, so it will not impact any adjoining buildings. The buffer landscaping proposed by Lo~e's h~s alreq.py been added to approved construction plans. t-for- ..(,~...t ~ -'iHt'o1t7Q. ''I ;c..., Jir,..J 0 3 K (,v:II:,,-; 3) The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. Lowe's designed the proposed garden center and outdoor storage area with consideration for the safety of its customers and employees. H Q '- .., . 4) The proposed development is designed to minimize traffic congestion. GJ There are no traffic issues specific to the outdoor storage aspect of the proposed Lowe's. The City reviewed a traffic analysis and the traffic flow throughout the mall site prior to approving the development order for the mall redevelopment. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. f) The proposed Lowe's is located at the intersection of U.S. 19 and Gulf-to-Bay Boulevard, one of the ma~or CO/llmerfial nodes in Pinellas_ County. ~ U) ~ ~d0/\'JY)AA-,! ~ '"', The design of the proposed development -rMnimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. The proposed Lowe's is located in the northwest corner of the mall site, at the intersection of U.S. 19 and Gulf-to-Bay Blvd. It will not impact any residential areas. The garden center will have a solid wall with one gate opening on its westerly side and will be connected to the store on its southerly side. The front (east) and north of the garden center will be appropriately screened and landscaped. The outdoor storage area wil} be appropriately screened. .k ~ J..I t6_ '- : I( J- '? J.~~ """ )t,.. oC..~ [. ~f) ). -ria.. ~ ~ . rC~? Comprehensive Infill Redevelopment Project Criteria: 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards. 2 ~1 . . ~ : II I I 7. The design of the proposed comprehensive infill redevelopment project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The site is part of Clearwater Mall redevelopment which will enhance this area of Gulf-to-Bay and U.S. 19. 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to the community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The benefits of the mall redevelopment have already been addressed in approval of the development order for Clearwater Mall. The subject request does not affect parking, setbacks or lot size. 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Articles 3 will be available to avoid on-street parking in the immediate vicinity of parcel proposed for development. The parking plan was approved as part of the approved site plan for Clearwater Mall redevelopment. .v . The design of all buildings complies with the Tourist District or Downtown / "\ District design guidelines in Division 5 of Article 3 (as applicable). r ~ These design guidelines are not applicable to the subject property. ~ ~B04~ ur' cf'~ 4 ;1 I I ..J t PI~'S COUNTY rLA, Orr,~~K 12278 PG 1028 IN WITNESS WHEREOF, the said Grantor has caused these presents to be signed and sealed the day and year above written. Signed. sealed and delivered in the presence of: ~~~ (WI ess SIgna~e) .,' . Print Name: ....J6';:::rh:y'y BBc.~ NEW PLAN EXCEL REALTY TRUST. INC'.. a Maryland corporation, formerly known as EXCEL REAL TY TRUST. INe. By: Thomas L. Mulkey, Sen r Vi e esident Retail Development (Corporate Seal) STATE OF ;CI];/(".)A COUNTY OF I//J b()",(l/r #. The foregoing instrument was acknowledged before me this ~ day of October, 2002, by Thomas L. Mulkey, as Senior Vice President - Retail Development of New Plan Excel Realty Trust, Inc., a Maryland corporation, formerly known as Excel Realty Trust, Inc., on behalf of the cOrporation. He is [select one]: () personally known to me; or (J...J produced a lA. hY).. Clearwater Mall (Lowes) TPA:239207:8 driver's license as identification. d My Commission Expires: ....;.:;tfit:- Elizabeth S. Dennard [~rJi.\~ MY COMMISSION # 00056226 EXPIRES ?'-;'~'!li October 18,2005 "'r.,~:::~"f...., BONDED THRU TROY FAIN INSURANCf, INe 2 . .' -- t 'lNELLAS 0F'F'.REC.8K EXHIBIT "B" PERMIlTED EXCEPTIONS COUNTY F'LFl 1227.8 PG 1030 1. Taxes for the year of2002 and subsequent years which are not yet due and payable. 2. Operation and Easement Agreement by and between Clearwater MalL LLC, a Delaware limited liability company; Lowe's Home Centers, Inc., a North Carolina Corporation; Costco Wholesale Corporation, a Washington corporation, and Target Corporation. a Minnesota corporation, to be recorded in the Public Records of Pinellas County, Florida. 3. Unrecorded Temporary Easement granted to Florida Power Corporation dated September 26, 2002. 4. Matters, if any, as shown on Plat of Clearwater Mall recorded in Plat Book 125, Pages 21 through 29 of the Public Records of Pine lIas County, Florida. Clearwater Mall (Lowes) TPA:239207:B 4 ... ... -u.S-HIGHWA Y49 .. .. .. ----, ~ l...;J "--:J - - @ @ C8 ~iln ...... ;~;i~ a ~~~I ~~ !Z! ~ . G) ~ :-<"'~li~ ~Y'~~I: :-<~!;l!;lm ~~i~ ar-~ l<5! ~ a~~~ (J) :~i~ ~~~~ l<;g~ lI!~~en m~~ lI! ffi~o~ 5!z'" iil o en ,...... 'C.':U'S ~1:;;.':' ... .. 9 'r -t> ~ (,....1,,/ .l...-..i ~~~I - - -. -~ ~ ~~ ~ - - LOWE'S I 8. CLeARWATER OUTDOOR stORAGE AND DISPLAY AREAS 1li\'IIl f11/f1,. =:& cacRI:I.... ~ ..... UNCK8 " A880CIA TE8, INC. S023 Weet Laur,l Street T...... FI.,ld. 33&07 ToI (813) 281>-0038 Fax (813) 287-0874 La.. No. ES0004838 ~ .Jell NO. 1 _~__. m SD (I) - ~ (j 0 -- a ~ = ~ ~ ., ~ =- ~ = 0 == ~ ~ ("I.l ~ ... ... -< ~ ~ 00 l!l;l! ... ~ !i!g C1Q ~ ~~ == = ;;,~ "'= _. 8$' ., -- $~ 0 ~ ;!I~ C1Q ..13 ., ~ C. g;!l = < ;f. a ~ 00 -- = 0 0'" -c a e ... """" ~ """" = = - ~ ~ IO@ @ @ 9 @ <0 ~ 9 (9 (9 3!Q mUl ~CJ nCJ 3: m r: Ul Ul <: c~ /DQI "2-S" ::J~ ~Di" lD .... "2- 3 N ::I'm lil"::J :if~ c.. c.. _n ~ :n ;n :if 0 lD::!t ::J^ 0 .....::J _ c.. m - !I' Yl ...., en in" as" n' n::J =< Q lil ~ 10m jj!1C ::J _ g QI ::T 010 n ^::J n iil' ::J/D ....:g nO ::J!i nr"'S. ::J ~ n n c.. c.. 3:iil 0 3: 10 '" QI liro ::In "0 ::J c..3 3 c:~ nO -c n c: n OlD ::Tii - QI lD 3: :e..... S" .5 II c: ::J!!!.. m c.. "0 0 c lif ~. -..II .. -ll~i!Q~ ij!-' hi"!!..~ gg..:; ~ I ~f~ II: l? ~;! ~~h -0." ill~l~ ~~ o'll~- ~;~~ 11-3'i jfgif ?-i"~cR ~~ !~8l! ilaa~ l~ ~~!Il -t!J~ ws .!l. Q8l!11!. nl{ ~r: 11-~iii ~ at ii fa -~ i! !l,iii &3-S "X ill!ll f- ~~i~ ~l!!lii iil~ !l, II .. ~iii~ i1. . }i a.- _ ~.". CII =31! ~~ 1!9f In,.~ ~i~1 !l,il ..n. [hg S'~ il~ ~(i~ : (i~ ..- ~~I a- - !l.ll iiJi! 'hg,~ 'g!J ~f =- 8::3 il!!lii:Q r S':"IQ fla.~9.. ~~~ II; O_18mi Flexible Development Owner: lowe's Home Centers, Inc. Case: FlD2002-11104O Site: 20505 U.S. Highway 19 North Property Size (Acres): 11.5 PIN: Portions of 17/29/16/00000/320/0200 and 7/29/16/00000/320/0300 300A Surrounding land Uses - buffered 0.25 miles Atlas Page: ilIlb ,...~ ,w --.. ""..... 0"'" 0...... Cl ... 1= ... i~.. : . 0 , .r - .. o. fW.- flexible Development Owner: Lowe's Home Centers. Inc. Case: FLD2002-111040 Site: 20505 U.S. Highway 19 North Property Size (Acres): 11.5 PIN: Portions of 17/29/16/00000/320/0200 and 7/29 116/00000/320/0300 ~A Surrounding Zoning Map buffered 0.25 miles A tine: Pnn",,' I e e ..' CDB Meeting Date: Februarv 18.2003 Case Number: FLD2002-11040 Agenda Item: B 1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER: Lowe's Home Centers, Inc. LOCATION: 20505 U.S. Highway 19 North REQUEST: Flexible Development approval, as an amendment to a previously approved Flexible Standard Development application (FLS2002- 06048) to increase the height of material stored/displayed in the garden center and storage areas from 15 feet to 20 feet, increase the height of materials to be displayed in front of the store from four feet to eight feet and permit non-living plant material to be displayed in the front of the store, as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B. PLANS REVIEWED: Site plan by Florida Design Consultants, Inc. SITE INFORMATION: PROPERTY SIZE: 73.76 acres; 3,157,664 square feet DIMENSIONS OF SITE: 2,300 feet of width by 1,600 feet of depth PROPERTY USE: Current Use: Proposed Use: Retail sales and service (under construction) Retail sales and service PLAN CATEGORY: CG, Commercial General Classification. ZONING DISTRICT: C, Commercial District FJLIi ..f/~ Ih~ a.. ....4 Staff Report - Community Development Board - February 18,2003 - Case FLD2002-11040.. Page 1 e e ADJACENT LAND USES: North: Restaurant West: Retail sales and service East: Multi-family residential South: Automotive Service Station, office, multi-family residential CHARACTER OF THE IMMEDIATE VICINITY: Restaurants, retail sales and service, office and multi-family residential uses dominate the area. HISTORY: The Clearwater Mall is currently under reconstruction and includes the demolition of almost all structures on the site. The site plan for the Clearwater Mall was reviewed as part of a Level One, Flexible Standard Development request (case FLS2002-06048) and approved by the Community Development Coordinator on May 20, 2002. The application included 789,450 square feet of mixed retail sales and service and restaurant uses within 14, one-story structures. One of the conditions of approval required that all requests for outdoor retail sales, display and/or storage be submitted in accord with the requirements of Code, under the provisions of Section 2- 703.M. On September 20, 2002, Lowe's Home Centers received approval of a Level One, Flexible Standard Development request (case FLS2002-06048) to permit outdoor retail sales, display and/or storage, by the Community Development Coordinator, with the following conditions: 1. That the storage of materials within the enclosed garden center and staging areas, including the racks, not be visible above any fencing, walls or other screening, and not exceed 15 feet in height; 2. That the display area, east of the garden center, be limited to the area outlined on the site plan dated received July 19, 2002 and the sale/display of live plant material at a maximum display height of four feet, with no other products, materials displayed and/or stored within this area; 3. That contractor pick-up area be limited to the area under the canopy and contain building materials for same-day, contractor pick-up with no other products, materials displayed and/or stored within this area; 4. That at least six feet of width be maintained along all walkways on the east side of the building, including between the garden center display area and the loading zone, to provide safe pedestrian movement; 5. That the vinyl windscreen located on the fencing along the west and south elevations of the garden center and staging areas be maintained in a clean and attractive appearance and shall be in good repair with the same color as the building, at all times; 6. That all signage meet the requirements of Code or as approved under a separate Comprehensive Sign Program; 7. That all covered, outdoor areas be designed with a sprinkler system, as part of the overall building design, to be shown on construction drawings prior to issuance of building permit; 8. That no storage or display of materials/goods be located beyond the limits of the approved plan (e.g. in the parking lot, drive aisles, etc.); 9. That pallets and/or cardboard not be stored within 10 feet of any building, per Fire Department; Staff Report - Community Development Board - February 18, 2003 - Case FLD2002-11 040 - Page 2 e e 10. That the management of the store fully enforce the requirements/limitations of this Development Order at all times; and 11. That a revised site plan be submitted that incorporates the conditions above and eliminating all other unapproved references to display/storage areas along the garden center and contractor area, to the satisfaction of staff, within two weeks. ANALYSIS: The 3.96-acre site for Lowe's Home Center is part of the overall 73.76-acre Clearwater Mall development that is located on the southeast comer of u.s. Highway 19 North and Gulf to Bay Boulevard. The site is about 200 feet south of Gulf-to-Bay Boulevard. The site plan for the mall redevelopment was approved on May 20, 2002 after a 17-month, Staff/Applicant negotiated process, as part of a Level One, Flexible Standard Development application (case FLS 01-12-93). The new outdoor mall was designed as a master site plan with coordinated architecture, landscaping and signage. The architecture includes the use of neutral tone concrete block and stucco, and decorative metal canopies, columns, horizontal bands, tile/stucco medallions and cornice details. The Lowe's building was modified, at the direction of Staff, to include the addition of a "knee" wall along the east fac;ade and additional architectural details on the east and west elevations. The current application includes a modification to three of the conditions of approval regarding outdoor retail sales, display and/or storage within the Commercial District. The modifications include the revision of Condition #1, which limits the height of goods stored within the garden center display area and staging area to 15 feet and to allow for the storage of materials up to 20 feet in height. The request also seeks to modify Conditions #2 and 3, to increase the height of materials to be displayed in front of the store (outside the garden center and the contractor pick-up area) from four feet to eight feet and to permit non-living plant material to be displayed in front of the store. The mechanism to allow the storage of materials above 15 feet in height is to request a Comprehensive Infill Redevelopment Project use. The applicant is also requesting to modify the approval of outdoor display height and materials outside the garden center and building supply areas. The applicant requests garden center items, retaining wall block, bagged mulch and live plants to be stored to a maximum height of eight feet in front of the garden center area. In front of the contractor pick-up area, the request is to permit building materials, lumber, concrete blocks, bagged concrete products and plywood, all stored up to eight feet in height. The Lowe's Home Center is an integral part of the redevelopment of the Clearwater Mall site as one of the three major tenants. The applicant has worked closely with Staff to ensure the site and buildings will be aesthetically pleasing and coordinated and a compatible use. The garden center and staging areas, specifically, have been designed to architecturally integrate with the main body of the building through the use of columns, knee wall, planters, and opaque, wind screen material painted to match the building color. The outdoor storage and display of goods and materials is unique to Lowe's Home Center and is not consistent with the intended character of the mall site as a whole. No other tenant on the site currently includes the exterior display of goods, although it is anticipated that Target will request this use. The request to display goods as proposed does not meet the objectives of the Community Development Code (Section 1-103) which includes the beautification ofthe City as a matter of the Staff Report - Community Development Board - February 18, 2003 - Case FLD2002-11 040 - Page 3 e e highest priority and to require that existing and future uses and structures in the City are attractive and well-maintained to the maximum extent permitted by law. The proposed storage of materials (especially building and yard supplies) to a height of eight feet along the front (east side) of the building will project a cluttered appearance, uncharacteristic of the proposed look of the Clearwater Mall. It is Staff's recommendation to deny both the request for an increase in height, from four feet to eight feet, for display and storage of merchandise outside the front (east) of the building and the request to permit the storage of non-living plant material in the same location. Walls and opaque screening material will buffer the stored materials within the garden center and staging areas of the site 20 feet in height. It is also Staff's recommendation to approve the request to increase the height of stored material within the garden center and staging areas from 15 feet to 20 feet. CODE ENFORCEMENT ANALYSIS: There are no outstanding enforcement issues associated with the site. A. COMPLIANCE WITH MAXIMUM DEVELOPMENT POTENTIAL STANDARDS IN THE COMMERCIAL DISTRICT (Section 2-701.1): STANDARD REQUIRED/ EXISTING PROPOSED IN PERMITTED COMPLIANCE? FLOOR AREA 0.55 0.32 0.27 Yes RA TIO IMPERVIOUS 0.95 0.86 0.86 Yes SURFACE RA TIO Staff Report - Community Development Board - February 18, 2003 - Case FLD2oo2-11 040 _ Page 4 e e B. FLEXIBLE DEVELOPMENT STANDARDS FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECTS IN THE COMMERCIAL DISTRICT (Section 2- 704.B.): STANDARD PERMITTED! EXISTING PROPOSED IN REQillRED COMPLIANCE? LOT AREA N/A 3,212,986 3,212,986 square Yes minimum square feet feet LOT WIDTH N/A 1,760 feet 1,760 feet Yes minimum HEIGHT N/A 35 feet 35 feet Yes maximum PARKING Determined by 3,901 spaces Yes SPACES the Community (4.95 spaces per minimum Development 1,000 square feet Coordinator of gross floor based on the area) specific use and/or ITE Manual standards FRONT N/A North: 15 feet (to Yes SETBACK pavement) West: 15 feet (to pavement) SIDE N/A The side Yes SETBACK setbacks vary between 0 and 10 feet in width REAR N/A N/A Yes* SETBACK * Comer lots have two front setbacks and two side setbacks, per Section 3-903. Staff Report - Community Development Board - February 18,2003 - Case FLD2002-11040 - Page 5 e e C. FLEXIBILITY CRITERIA FOR COMPREHENSIVE INFILLPROJECTS IN THE COMMERCIAL DISTRICT (Section 2-704.B.): 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from intensity and development standards. The overall Clearwater Mall site was the subject of a Flexible Standard Development review (FLS 01-12-93) approved May 20, 2002. A part of that site plan approval included the Lowe's Home Center. Subsequently, Lowe's Home Centers applied for approval of a Level One, Flexible Standard Development request (case FLS2002-06048) to permit outdoor retail sales, display and/or storage within the Commercial District under the provisions of Section 2-703. That request was approved on September 20, 2002 by the Community Development Coordinator with 11 conditions including the conditions that (1) the storage of materials within the enclosed garden center and staging areas, including the racks, not be visible above any fencing, walls or other screening, and not exceed 15 feet in height, (2) the display area, east of the garden center, be limited to the area outlined on the site plan dated received July 19, 2002 and (3) the sale/display of live plant material at a maximum display height of four feet, with no other products, materials displayed and/or stored within this area. The applicant seeks to amend Conditions #1-3 with an increase in the height of goods stored within the garden center and staging area from 15 feet to 20 feet, an expansion of the type of materials to be stored/displayed along the front (east) side of the building to include non-living materials, and an increase in the height of same from four feet to a maximum of eight feet. Staff believes the first request to amend Condition #1, allowing the height of stored/displayed goods within the garden center and staging area to be increased to 20 feet, is appropriate due to the fact that the design of the enclosure walls surrounding these locations will be 20 feet in height. This will effectively block views of the outdoor retail sales, display and/or storage area from offsite. However, it has not been demonstrated how modifications to Conditions #2 and 3 meet this specific criterion. The applicant's response is that "displays in front of the store are requested to be increased from a maximum of five feet to eight feet in height." It should be noted that the approved maximum height is four feet and not five feet. 2. The development of the parcel proposed for development, as a Comprehensive Infill Redevelopment Project will not materially reduce the fair market value of abutting properties. The proposed outdoor retail sales, display and/or storage area within the garden center and staging area, up to a height of 20 feet, will be effectively screened from views offsite by solid, masonry block walls. This should not affect the value of abutting properties. It has not been clearly demonstrated, however, that the addition of excessive outdoor retail sales, display and/or storage to the height of eight feet along the front (east) side of the building will enhance property values in the area. The proposed storage of materials to a height of eight feet along the front of the building will likely project a clutter appearance uncharacteristic of the proposed look of the Clearwater Mall at large. Staff Report - Community Development Board - February 18, 2003 - Case FLD2002-11 040 _ Page 6 e e 3. The uses within the Comprehensive Infill Redevelopment Project are otherwise permitted in the District. The City of Clearwater permits retail sales and service and outdoor retail sales, display and/or storage. 4. The uses or mix of uses within the Comprehensive Infill Redevelopment Project are compatible with adjacent land uses. Land uses adjacent to the subject site include other retail sales and services uses, accessory veterinary uses and restaurants. The outdoor retail sales, display and/or storage use is compatible with adjacent land uses. 5. Suitable sites for development or redevelopment of the uses or mix of uses with the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater. The Lowe's Home Center is an integral part of the redevelopment of the Clearwater Mall site. The applicant has worked closely with Staff to ensure an aesthetically superior building and a use compatible with surrounding uses. Other sites within the City of Clearwater, which meet the locational and size requirements of the applicant, are not available. 6. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will upgrade the immediate vicinity of the parcel proposed for development. While the storage/display area 20 feet in height within the garden center and storage areas will be fully screened by walls of the same height and opaque screening material, the goods stored/displayed along the front (east side) building will not be effectively screened. It has not been adequately demonstrated that the storage and display of goods along the front of the building to a height of eight feet will upgrade the immediate vicinity of the parcel proposed for development. The applicant's response does not sufficiently demonstrate compliance with this criterion, stating that "the site is part of the Clearwater Mall redevelopment which will enhance this area of Gulf-to-Bay and U.S. 19." 7. The design of the proposed Comprehensive Infill Redevelopment Project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The storage/display area within the garden center and storage area will be fully screened by walls and opaque material. The requested increase in height (from 15 to 20 feet) for goods is appropriate as the impacts will be mitigated. The goods stored/displayed along the front building to a height of eight feet (including mulch, retaining wall block, lumber, etc.), however, will not be screened. This will create a cluttered appearance and will not enhance the community character of the immediate vicinity of the subject site. Staff Report - Community Development Board - February 18. 2003 - Case FLD2002-11040 - Page 7 e e 8. Flexibility in regard to lot width, required setbacks, height, off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The proposal will have no effect on required lot widths, setbacks or off-street parking. Flexibility with respect to the height of the goods to be located within the garden center and storage areas are justified by the design of the enclosures to screen the goods from view. The justification to increase in height of goods to be stored outside the building has not been addressed. 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. Adequate parking has been provided on the site and the proposal will have no .effect on the amount of parking required. 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 surrounding area has primarily been developed with a variety of commercial uses. The site is currently under reconstruction and will be the location of a regional shopping center. The outdoor sales, display and storage area up to a height of 20 feet within the garden center and staging area will be buffered with solid masonry block walls and opaque screening material. The Lowe's Home Center building has been designed to compliment the other buildings to be located on the Clearwater Mall site. The outdoor storage and display of goods and materials along the front of (outside) the building is not consistent with the intended, high quality character of the mall site as a whole. The proposal will not be in harmony with the surrounding area and will not further the City goal to make beautification a matter of highest priority. 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 Commercial District and the proposed use will be in compliance with the zoning and surrounding uses. The site was the subject of an approved Flexible Standard Development application including attractive architecture and extensive landscaping in excess of Code requirements. The outdoor retail sales, display and/or storage use within the garden center and staging area will be effectively screened by solid walls/fencing. The storage and display of materials along the front of the building to a height of eight feet is inharmonious with the appearance of the rest of the center. No other use on the site includes the display of goods along the front a building. The proposed development will Staff Report - Community Development Board - February 18, 2003 - Case FLD2002-11 040 - Page 8 e e neither encourage appropriate development nor enhance surrounding properties. The applicant's response does not address the display of goods outside the building. 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 use will not effectively change with this proposal and will not adversely affect the health or safety of persons residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. The proposal will not affect the intensity of use as approved by the City of Clearwater as part of case FLS 01-12-93 and will have no additional increased effect on traffic. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The proposed development is neither consistent with, nor will it improve, the community character of the immediate vicinity. The Lowe's building, as with all the buildings on the site, has been carefully and thoughtfully designed with the use of enhanced architecture, signage and landscaping. The proposed outdoor retail sales, display and/or storage intended for the garden center and staging area will be screened by solid walls/fencing. The storage of (non-living and living) materials up to eight feet in height along the front of the building is incongruous with the intended appearance of the site as a whole. The applicant's response does not adequately address this criterion, stating that "the proposed Lowe's is located at the intersection of U.S. 19 and Gulf-to-Bay Boulevard, one of the major commercial nodes in Pinellas County." 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 of the internal, garden center and staging areas will be adequately screened by an architecturally-integrated enclosure system of opaque materials (walls, wind screen). The external display and storage areas will be visible from the shopping center and Gulf-to Bay Boulevard. It is not clear how the visual effects created by the display of goods, up to eight feet in height, outside the building will be minimized. Staff Report - Community Development Board - February 18, 2003 - Case FLD2002-11 040 - Page 9 e e SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on September 12, 2002. There are two recommendations regarding this case. The Planning Department recommends APPROVAL of the Flexible Development request, as an amendment to a previously approved Flexible Standard Development application (FLS2002- 06048), to increase the height of material stored/displayed in the garden center and storage areas from 15 feet to 20 feet, (amending Condition #1) as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B. for the site at 20505 U.S. Highway 19 North, with the following bases and conditions: Bases for Approval (Amending previously imposed Condition #1 to increase the height of material stored/displayed in the garden center and storage areas from 15 feet to 20 feet): 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project under the provisions of Sections 2-704.B.; 2. The proposal is compliance with other standards in the Code including the general applicability criteria under the provisions of Section 3-913; 3. The development is consistent with the approved Master Plan; and 4. The development is compatible with the surrounding area and will not enhance other redevelopment efforts. Conditions of Approval (* Denotes conditions originally imposed and carried forward as part of the previously approved Flexible Standard Development application (FLS2002-06048)): 1. That the storage of materials within the enclosed garden center and staging areas, including the racks, not be visible above any fencing, walls or other screening and not exceed 20 feet in height; 2. That the display area, east of the garden center, be limited to the area outlined on the site plan dated received July 19, 2002 and the sale/display of live plant material at a maximum display height of four feet, with no other products, materials displayed and/or stored within this area*; 3. That contractor pick-up area be limited to the area under the canopy and contain building materials for same-day, contractor pick-up with no other products, materials displayed and/or stored within this area*; 4. That at least six feet of width be maintained along all walkways on the east side of the building, including between the garden center display area and the loading zone, to provide safe pedestrian movement*; 5. That the vinyl windscreen located on the fencing along the west and south elevations of the garden center and staging areas be maintained in a clean and attractive appearance and shall be in good repair with the same color as the building, at all times*; 6. That all signage meet the requirements of Code or as approved under a separate Comprehensive Sign Program*; 7. That all covered, outdoor areas be designed with a sprinkler system, as part of the overall building design, to be shown on construction drawings prior to issuance of building permit*; 8. That no storage or display of materials/goods be located beyond the limits of the approved plan (e.g. in the parking lot, drive aisles, etc.)*; Staff Report - Community Development Board - February 18, 2003 - Case FLD2002-11 040 - Page 10 e e 9. That pallets and/or cardboard not be stored within 10 feet of any building, per Fire Department*; 10. That the management of the store fully enforce the requirementsllimitations of this Development Order at all times *; and 11. That a revised site plan be submitted that incorporates the conditions above and eliminating all other unapproved references to display/storage areas along the garden center and contractor area, to the satisfaction of staff, within two weeks * . The Planning Department recommends DENIAL of the Flexible Development request, as an amendment to a previously approved Flexible Standard Development application (FLS2002- 06048), to increase the height of materials to be displayed in front of the store from four feet to eight feet and to permit non-living plant material to be displayed in the front of the store, (Conditions #2 and 3) as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B. for the site at 20505 u.S. Highway 19 North, with the following bases: Bases for Denial (Amending Conditions #2 and 3 to increase the height of materials to be displayed in front of the store from four feet to eight feet and permit non-living plant material to be displayed in the front of the store): 1. The proposal does not comply with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project under the provisions of Sections 2-704.B.; 2. The proposal does not meet the objectives of the Community Development Code (Section 1- 103); 3. The proposal is not in compliance with other standards in the Code including the general applicability criteria under the provisions of Section 3-913; 4. The development is inconsistent with the approved Master Plan for the redevelopment of Clearwater Mall; and 5. The proposal is incompatible with the surrounding area and will not enhance other redevelopment efforts. Prepared by Planning Staff: ~ ~ Mark T. Parry, Planner A IT ACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application S:\Planning Departmen^C D B\FleXlPending casenUpfor the next DR0.US Hwy 19 N 20505 Lowes at Clearwater Mall\US Hwy 19 N 20505 STAFF REPORT. doc Staff Report - Community Development Board - February 18,2003 - Case FLD2002-11040 - Page 11 View looking southeast View looking northeast View looking north View looking southeast View looking south View looking northeast 20505 u.s. Highway 19 North (Lowe's Home Improvement) FLD2002-11040 ~ 2-inch by 2-inch Map Owner: Lowe's Home Centers. Inc. Site: 20505 U.S. Highway 19 North Surrounding land Uses - buffered 0.25 miles Case: Property Size (Acres): PIN: A tlas Page: FLD2002-111040 11.5 Portions of 17/29/16/00000/320/0200 and 7/29/16/00000/320/0300 300A Aerial Photograph Owner. lowe's Home Centers. Inc. Case: FlD2002-111040 Site: 20505 U.S. Highway 19 North Property Size (Acres): 11.5 Surrounding land Uses - buffered 0.25 miles PIN: Portions of 17/29/16/00000/320/0200 and 7/29/16/00000/320/0300 300A Atlas Page: ; ~ i . Se! I . "J i Retail ~ ..... ~ Resta nt DRUID RD Vacant Ove . ght Acc mmo Mobile Home Park - - - ... Owner. Site: ~ ..... .~ e .... Self-Stora e .... . Office R taura t i H ,_...... . . I ~etail(unde I .construction . I . . Auto el"Vlce _ -. 'Station Surrounding land Uses - buffered 0.25 miles Q~ O~ I! \S'I(Y~~ iIy R~ d~Btial u., i : ' I Existing Su"ounding Uses Lowe's Home Centers. Inc. 20505 U.S. Highway 19 North Case: FLD2002-111040 Property Size (Acres): 11.5 PIN: Portions of 17/29/16/00000/320/020 o and 7/29/16/00000/320/0300 300A Atlas Page: INS ~... '. = ...... ...... - . - . ::..R ...:' . 18 j :,.. ............ ""........: ~ CG; :'. ~, ;..... ...... ...... ...... ....t...::::~ R/OG RLM Ii i - - - - e 0) ..... ~ CG :--". " :.....WO/R "C I~ ., ...." .."... . . . . . . . . . . ...... ...... .... CG i...... II' - . ...... '. - -' . - - - . - - ....... I II I · .... ....... .... -".... ~: :. : 1-:'..... ; ;,..: ~.... ...... Surrounding Land Use Classification Map Owner: ;..~..~.~...~...... .: 0) ..... ~ ,....... I I I I I I . I -- .... ...... ...... .. 'l.. ............ ...... .... @ Lowe's Home Centers, Inc. Case: Site: 20505 U.S. Highway 19 North Property Size (Acres): FLD2002-111040 11.5 Portions of 17/29/16/00000/320/020 o and 7/29/16/00000/320/0300 300A Surrounding Land Uses - buffered 0.25 miles PIN: A t1as Page: e ri: I I t- ! I r- " rr """""'---;;;;;;;;;;;- j-.... -..... I I I I , ....'~I 9- ~'i-, / 'f L J I I r'l J' " ........,._ / J l.J_ _ _ i D---_J i~_ J.j I I - f~'J - I I I ~ .. I ~--- I I t..... !1~ I IF""', . --..l--L J' joo Ire ~--,~ 4. I '1.{~_ { H I ~~ "\', 1 ~ .1 111 - I B;',- \ ~ !..~iV I (\ ~'l(\__j - 11111 "I... . L .!-t G". 1 "r If, ;,oaAl' L tv ,I f'5" / I I I I " . trm: l______-E':: II ~..I'.. ~. I \.;~.9u.l'~ - _L_~_J_d tI WIlI - fik ['-L... ~ ,. . -~. " . 1-r- ~T"" · jj m.u:u ~I a- (') ...~~~ I I I I ;'. t- LLllLU,-I 'iI''iI'~ ''J.:' '/ I I II I .. ..RJ'F F: I' I r=T "'=7 ~ t-r I rr. 1"-'" =~l I I I I ~J Ii =nI .iL-I'/ III == 11 II ~1J:TfTJ ~ =r ill ID rl V;I - t -i~ - II I-J I -- !I I II IU.J I I_~ II II '- 1- \. t-- ~ ~---r-.,-~' _ LJ t- ~ J __... ,I I ,.... .\ 1 t- ~ / I I ~ \.. \;---~~l I ~ ... /'--- ,.__J f ~~ "l / :7 L T1ri:::j n~ f' / i I - 0 'I ':.'..,.1 '-- ! U ' ",...-" I I ..L...J 'I "" '] r-n r I - --;"__1!~ Il ...... JI-t:::.: ~ '" -1---- t- . ~ AI :.:.:.:.:.- l / 1 ~,..,,- -- - ll).... ~ ~l-t=~~-'d} , .1 ~_"\\lti.ll/~ IT~-\~---:~~ / I I ~---~~7 '-1.____ ~~.J J ..// / , '<~ II I PROJECT SITE I If8:J ~ Wt I~ III I~J ~-- ; 11;t- , ~I~-- I ., rr.--iI - 1l-~ i I ffili ~ ...-..?c ""-fl3S ~"'!- t -~/J-... t--~It-- ~- 1t- I II :IE3333l IIIUI I W "L ~-- tm: 1111 -I I I I I EmE~ ~~~ ~ IT ~~ I I~'~ "') ---- IIJ It ...... 1-10-..... 'l...... I I m rr---r- ..'tf....~.!I! II" I I , Location Map Owner: Lowe's Home Centers. Inc. Case: FLD2002-11104O Site: 20505 U.S. Highway 19 North Property Size (Acres): 11.5 Surrounding Land Uses - buffered 0.25 miles PIN: Portions of 17/29/16/??oo0/320/020 o and 7/29 /16/CXXJOO/320/0300 300A A tlas Page: Owner: Site: e .... I "'. 0) """ ~ I U I I U ii ia I, i j Ii f _I i C 0) '---I """ ~ Ie. . . I i c @ . DRUID R MHP o MDR - =: .. Surrounding Zoning Map lowe's Home Centers, Inc. Case: FlD2002-11104O 20505 U.S. Highway 19 North Property Size (Acres): 11.5 Surrounding land Uses - buffereel 0.25 miles PIN: Portions of 17/29/16/00000/320/020 o and 7/29/16/0??oo/320/0300 300A Atlas Page: ,.. 9:30 a.m. . . ~ rJ r. r~a Case: ~fl~ -20505 U.S. Highway 19 North. Ownera..l..e'.\'lil'S MGmcl Centers, Inc. Applicant: Michael Reynold's/Lowe's Home Centers, Inc. Representative: E.D. Armstrong, Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. (work: 727.461.1818/fax: 727.462.0365/email: eda@ibpfirm.com). Location: The 11.5-acre site is located on the east side of U.S. Highway 19 North, approximately 200 feet south of Gulf to Bay Boulevard, within the Clearwater Mall redevelopment site. Atlas Page: 300A. Zoning: C, Commercial District. Request: Flexible Development approval, as an amendment to a previously approved Flexible Standard Development application (FLS2oo2-06048) to increase the height of material stored/displayed in the garden center and storage areas from 15 feet to 20 feet, increase the height of materials to be displayed in front of the store from four feet to eight feet and permit non-living plant material to be displayed in the front of the store, as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B. Proposed Use: The proposal includes an amendment to a previously approved Flexible Standard Development application for outdoor retail sales, display and/or storage within the Commercial District as accessory to a home improvement retail sales establishment. Neighborhood Association(s): Seville RO Association (Association President, 2640 Seville Boulevard, Clearwater, FL, 33764). Presenter: Mark Parry, Planner. Attendees included: City Staff: Mark Parry, Frank Gerlock, Lisa Fierce, Joe Colbert, Cory Martens, Rick Albee, Glen Bahnick, Wayne Wells and Tom Glenn Applicant/Representative: E.D. Armstrong and Steve Henry The DRC reviewed these applications with the following comments: 1. Environmental: a) No comments 2. Fire: a) That pallets and/or cardboard not be stored within 10 feet of any building, per Fire Department. 3. General enldneerine:: a) No comments 4. Harbor Master: a) No comments 5. Land resource: a) No comments 6. Landscapine:: a) No comments 7. Parks and Recreation: a) No comments 8. Plannine:: a) Staff does not object to a height of up to 20 feet within the garden center (the main compound). Staff does object to an increase in height from four feet to eight feet for merchandise to be stored along the front (east) side of the building and to permit the storage of non-living plant material based upon aesthetic concerns. It is not clear how the proposal meets the objectives of the Community Development Code (Section 1-103) which includes the beautification of the City as a matter of the highest priority and to require that existing and future uses and structures in the city are attractive and well-maintained to the maximum extent permitted by law. 9. Solid waste: a) No comments 10. Stormwater: a) No comments ]" . . 11. Traffic eOl!ioeeriol!: a) No comments NOTES: 1. Send comments to Ed Armstrong at maiIto:ed@ibDfirm.com and Jayne Sears at isears@ibDfirm.com and Steve Henry at shenry@lincks.com. 2. That 15 sets of the application and all supporting materials be submitted to Staff on or before noon 1/21/03 in order to be scheduled for the February 18,2003 CDB meeting. DRAFT CONDITIONS: 1. That pallets and/or cardboard not be stored within 10 feet of any building, per Fire Department. --------------------------------------------------------------------------------------------------------------------------------- . . Community Response Team Planning Dept. Cases - DRC Case No.fLD )-00 1- U b '--'0 Meeting Date:_\) /l,/ (J ~ Location: ;:)~ L1....6..J.g ~urrent Use: -U ~j t/\ (,(N\.1\ 1-~~f\l\... o Active Code Enforcement cas~es: o Address number (yes) (no) (vacant land) o Landscaping (yes) ~ o Overgrown (yes)@Y o Debris (yes) @ o Inoperative vehicle(s) (yes@ - ---- o Building(s) (good) (fair) (poor) ~ o FenCing~d) (dilapidated) (broken and/or missing pieces) D. Paint (good) (fair) (poor) (garish) o Grass Parking (yes)(f;J o Residential Parking Violations (yes)~ o Signage (none)@) (not ok) (billboard) o parkin@(striPed) (handicapped) (needs repaving) o Dumpster (enclosed) (not enclosed) o Outdoor storage(yes~ Comments/Status Report (attach any pertinent documents): Date of Review:j )../ ~U oJ- Revised 03"29-01 Reviewed by: ... .~ ~ , A Planners LINCKS & ASSOCIATES, INC. March 20, 2003 Mr. Mark Perry City of Clearwater Planning and Development 100 South Myrtle Avenue, 2nd. Floor Clearwater, FL 33756 Re: Lowe's - Clearwater Mall Lincks Project No. L01149 Dear Mr. Perry: Enclosed are four (4) copies of the revised site plan that reflect the approval for the above referenced project. The site plan was revised to address the COB approval on February 18, 2003. If you have any questions, please do not hesitate to call. Sincerely, ~...~ ~ ~ r>:.~ . 'Kof . - '~..: I ~ t.tl~~ f::lD1an .((~ J. Henry, P.E. ice President SJ H/cvc Enclosures Ii : t~ 'f' ; ..:, IV~:-.., L ~'1~'" Lv';:; Cc: Mike Reynolds Brett Jarrett lu .. f "!.\. :~.,' , L_._'>u_...~...:._,-_",..~:_~~2;.'~ .;....;.:L~~~..::...." .~_.,' .~~...'-~" 'W 5023 West Laurel Street Tampa, Florida 33607 813 289 0039 Telephone 813 287 0674 Telefax www.lincks.com Website ;. '~....... --.... .... /?~ ... ... -u.S;HIGI-lWA}0f9 = "Q ~ ':::] ----- .. .. .. .. :: ..I...- --,", " .. .. / @ @) ":j!l!E!! ,..... ~ ~!i a ii;1 i"li; ~ ~~ ~ CJ5 .~~~ z'O g ~!~ i!i~o~ !i!z.... o II> jj/ ~.... -- I~r-., ~ ~''ft-, · N . ~ · , rn . ~ ~ ~ ~ - ----... 'J" ~ 'J" i;liJ ~~~~~ ~ii~ .~ .v .. ... ~ ~ ~ ~ ~i LOWE'S I a ClEARWATER OUTDOOR STORAGE AND DISPLAY AREAS Ii O~~Ot-' - - .J o~~~- -Amm;;t - I ~ 0 c~~." ~ flir;~[j -- DAm r;: w: & ct-.m IUl ~ I'IImInI LINCKS It. A8S0CIA TES, INC. 0023 ....t Laurel Stre.t Ta_ Florida 33807 Tol (1113) 2"-003' Fa. (1113) 287-0874 Llo. No. EBOO04838 ... III II Page 1 of 2 ., Fierce, Lisa From: Schodtler, John Sent: Monday, November 10, 2003 9:14 AM To: Fierce, Lisa; Parry, Mark Subject: RE: Clearwater Mall Redevelopment Sec. 28.04. Trading and selling on streets. Except for the sale of ice cream from ice cream trucks on streets in residential areas, which have been issued a city occupational license for such use, and unless authorized by Article III of Chapter 22 which pertains to special events, it shall be unlawful for any person to sell, barter, exchange, or offer to sell, barter or exchange any goods, wares or merchandise of any kind or nature whatsoever in or on or over any street, right-of-way or public property, sidewalk or park within the city. This section shall not apply to curb service furnished by any regularly established and licensed place of business in the city, and this section shall not apply to the holding of bazaars or other sales gQlm3.deQ.r~!u:riedQJJ_fQrpersQ.gatpr.Qfjt, where such sales are operated in front of or adjacent to a store or place of business with the consent of the owner or manager thereof. The prohibition set out in subsection (1) of this section shall not prevent the operation of a sidewak cafe on the public sidewalk where the sidewalk cafe is permitted under the provisions of section 3-201C. of the Land Development Code. (Code 1980, ~ 110.04; Ord. No. 6176-97, ~ 1,9-4-97; Ord. No. 7073-03, ~ 1,4-3-03) m--Original Message--m From: Fierce, Lisa Sent: Monday, November 10,20038:20 AM To: Parry, Mark; Schodtler, John Subject: FW: Clearwater Mall Redevelopment what does the development order say about mobile vending? what does the code permit? can you suggest a process for this request to go through? Lisa L. Fierce Assistant Planning Director City of Clearwater - Planning Department lfierce@clearwater-fl.com 727.562.4561 phone * 727.562.4865 fax Buckeye and Buccaneer Fan GO BUC(K)S! -----Original Message----- From: Tom HAREAS rmailto:THareas@sembler.coml Sent: Saturday, November 08,20037:26 PM To: lfierce@clearwater-fl.com Subject: Clearwater Mall Redevelopment Lisa, I did not see you at our OpeninglRibbon Cutting event last thursday, where you there? There were a lot of people there so I may have missed you, I saw Cindy and others from the City it was nice. I wanted to personally thank you for all that you did for our project and I hope it met your expectations. Also, I have a local person who wants to Lease from Lowes(a small area 11/1212003 II Page 2 of 2 8' X 10') to place a movable(nightly each/every day) hot dog vending cart(ie stainless steel with decorative canopy) infront of the Lowes Entrance door but located under the existing roofed Entrance canopy of Lowes. Please advise if this specific use/location is allowed under our current Development Orders or advise if there are alternatives to get this approved by the City(note: Lowes is ok with this sub-tenant/user if City is ok with it), thanks for your help, Tom Hareas 11/12/2003 II Fierce, Lisa Firom: Sent: 10: Subject: Parry, Mark Monday, November 10, 2003 8:59 AM Schodtler, John; Fierce, Lisa RE: Clearwater Mall Redevelopment The Home Depot on 19 in Palm Harbour (?) has a dog vendor without seats so that's kind of what I had in mind. Regardless, I'm a little ticked that they are already violating their DO conditions. Maybe a little Pow-wow with the manager and his/her staff to 'splain things? Mark T. Parry Planner City of Clearwater Planning Department 727.562.4558 mparry@clearwater-fl.com -----Original Message----- From: Schodtler, John Sent: Monday, November 10, 2003 8:55 AM To: Parry, Marki Fierce, Lisa Subject: RE: Clearwater Mall Redevelopment Mark is correct, except for the restaurant part. They do have seats and they do consume on premise, atleast at the one on Curlew they do. -----Original Message----- From: Parry, Mark Sent: Monday, November 10, 2003 8:28 AM To: Fierce, Lisai Schodtler, John Subject: RE: Clearwater Mall Redevelopment The DO doesn't include Hot Dog vendors. To me, that means that they are not permitted outside the building. I know there is an ordinance prohibiting mobile vendors except for ice cream trucks (John can probably say a bit more about that). Not counting that, I'd call the hot dog vendor outdoor retail sales and display (not restaurant as they probably don't have any seats and the intent is probably not for consumption on premises. The Do was very specific as to what may be displayed outside and where. They are already in violation of their DO as it is and I think they need to come into compliance before we even entertain any additional uses on the site. Mark T. Parry Planner City of Clearwater Planning Department 727.562.4558 mparry@clearwater-fl.com -----Original Message----- From: Fierce, Lisa Sent: Monday, November 10, 2003 8:20 AM To: Parry, Marki Schodtler, John Subject: FW: Clearwater Mall Redevelopment what does the development order say about mobile vending? what does the code permit? 1 II Ii .can ybu suggest a process for this request to go through? Lisa L. Fierce Assistant Planning Director City of Clearwater - Planning Department lfierce@clearwater-fl.com 727.562.4561 phone * 727.562.4865 fax Buckeye and Buccaneer Fan qo BUC(K)S! -----Original Message----- From: Tom HAREAS [mailto:THareas@sembler.com] Sent: Saturday, November 08, 2003 7:26 PM To: lfierce@clearwater-fl.com Subject: Clearwater Mall Redevelopment Lisa, I did not see you at our Opening/Ribbon Cutting event last thursday, where you there? There were a lot of people there so I may have missed you, I saw Cindy and others from the City it was nice. I wanted to personally thank you for all that you did for our project and I hope it met your expectations. Also, I have a local person who wants to Lease from Lowes (a small area 8' X 10') to place a movable(nightly each/every day) hot dog vending cart(ie stainless steel with decorative canopy) infront of the Lowes Entrance door but located under the existing roofed Entrance canopy of Lowes. Please advise if this specific use/location is allowed under our current Development Orders or advise if there are alternatives to get this approved by the City(note: Lowes is ok with this sub-tenant/user if City is ok with it), thanks for your help, Tom Hareas 2 View looking northeast 20505 U.S. Highway 19 North (Lowe's Home Improvement) FLD2002-11040 , L . " . " " . CITY OF CLEARWA R POST FFICE Box 4748, CLEARWATER, FLORIDA 3 -4748 SERVICES BUlW 100 SOUTH MYRTIE AVEN , LEARWATER, FL~U3756 M f ~VYVA ~ ~b, ruae 2,0 Mr. E.D. Armst () .<Jdf cf}u Johnson, Blakely, Pope, 0 , uppel & Bums, P.A. I \.{)V 1\ ~ \ i PO Box 1368 X U' Clearwater, FL 33757-1368 M RE: Development Order regarding caseFLD2002-11040 at 20505 U.S. Highway 19 North (Lowe's Home Center) Dear Mr. Armstrong: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On February 18, 2003, the Community Development Board reviewed your Flexible Development application, as an amendment to a previously approved Flexible Standard Development application (FLS2002-06048) to increase the height of material stored/displayed in the garden center and storage areas from 15 feet to 20 feet, increase the height of materials to be displayed in front of the store from four feet to eight feet and permit non-living plant material to be displayed in the front of the store, as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B. The current application includes a modification to three of the conditions of approval regarding outdoor retail sales, display and/or storage within the Commercial District. The modifications include the revision of Condition #1, which limits the height of goods stored within the garden center display area and staging area to 15 feet and to allow for the storage of materials up to 20 feet in height. The request also seeks to modify Conditions #2 and 3, to increase the height of materials to be displayed in front of the store (outside the garden center and the contractor pick-up area) from four feet to eight feet and to permit non-living plant material to be displayed in front of the store. The mechanism to allow the storage of materials above 15 feet in height is to request a Comprehensive Infill Redevelopment Project use. The applicant is also requesting to modify the approval of outdoor display height and materials outside the garden center and building supply areas. The applicant requests garden center items such as retaining wall block, bagged mulch and live plants to be stored to a maximum height of eight feet in front of the garden center area. In front of the contractor pick-up area, the request is to permit building materials such as lumber, concrete blocks, bagged concrete products and plywood, all stored up to eight feet in height. BRIAN J. AUNGST, MAYOR-COMMISSIONER WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BU.L]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" .. J: . . ... , \ , February 24, 2003 Armstrong - Page Two . Based on the application and the staff recommendation, the Community Development Board (CDB) APPROVED the portion of the application as an amendment to a previously approved Flexible Standard Development application (FLS2002-06048), to increase the height of material stored/displayed in the garden center and storage areas from 15 feet to 20 feet, (amending Condition #1) and permit non-living plant material to be displayed in the front of the store to a maximum height four feet, (amending a portion of Condition #2) as part of a Comprehensivelnfill Redevelopment Project under the provisions of Section 2-704.B. for the site at 20505 U.S. Highway 19 North, with the following bases and conditions: Bases for Approval (Amending previously imposed Condition #1 to increase the height of material stored/displayed in the garden center and storage areas from 15 feet to 20 feet): 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project under the provisions of Sections 2-704.B.; 2. The proposal is compliance with other standards in the Code including the general applicability criteria under the provisions of Section 3-913; 3. The development is consistent with the approved Master Plan; and 4. The development is compatible with the surrounding area and will not enhance other redevelopment efforts. Conditions of Approval (* Denotes conditions originally imposed and carried forward as part of the previously approved Flexible Standard Development application (FLS2002-06048)): 0hat the storage of materials within the enclosed garden center and staging areas, including the i ____ racks, not be visible above any fencing, walls or other screening and not exceed 20 fee,! in height; 2. That the display area, east of the garden center, be limited to the area outlined on the site plan dated received July 19,2002 at a maximum display height of four feet; (j) That contractor pick-up area be limited to the area under the canopy and contain building . materials for same-day. contractor pick-up with no other products, materials displayed and/or stored within this area*; GThat at least six feet of width be maintained along all walkways on the east side of the building, ~ f: . including between the garden center display area and the 10adTg zone, to provide safe LP o. . pedestrian movement*; ~vt. f ~ ~.~ 1- ~1 hi ~ uI C~rJ Sa.-vl , '6'c)~ G!!hat the vinyl windscreen located on the re~ing along the west and south elevations of the I,,(~~ ~arden center and staging areas be maintained in a clean and attractive appearance and shall be .~ L.. in good repair with the same color as the building, at all times*; ( ~ fJ.,AJ 5~ ') ~(rAf @ That all signage meet the reqqi:ements of Code or as appioved under a separate · ydJ Comprehensive Sign Program*; V~e,rs ~ .,/1"'- 7. That all covered, outdoor areas be designed with a sprinkler system, as part of the overall L.P" . ~). building design, to be shown on construction drawings prior to issuance of building permit*; ;~~. That no storage or display of materials/goods be located beyond the limits of the approved plan \~ _ L f (e.g. in the parking lot, drive aisles, etc.)*; s:J,J:)~s(,O'..~ rf rJi- ~ tJF~ \J~r~~ ~ I', " II . . '" February 24, 2003 Armstrong - Page Three 9. That pallets and/or cardboard not be stored within 10 feet of any building, per Fire Department* ; @!hat the management of the store fully II eNforce the requirementsnimitations of this Development Order at all times*; and -r a..t VVt.tLtL.tL2-V 11. That a revised site plan be submitted that incorporates the con1tttions above and eliminating all other unapproved references to display/storage areas along the garden center and contractor area, to the satisfaction of staff, within two weeks*. Based on the application and the staff recommendation, the Community Development Board (CDB) DENIED the portion of the application as an amendment to a previously approved Flexible Standard Development application (FLS2002-06048), to increase the height of materials to be displayed in front of the store from four feet to eight feet, (portion of Condition #2 and all of Condition #3) as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B. for the site at 20505 U.S. Highway 19 North, with the following bases: Bases for Denial (Amending a portion of Condition #2 and all of Condition #3 to increase the height of materials to be displayed in front of the store from four feet to eight feet): 1. The proposal does not comply with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project under the provisions of Sections 2-704.B.; 2. The proposal does not meet the objectives of the Community Development Code (Section 1- 103); 3. The proposal is not in compliance with other standards in the Code including the general applicability criteria under the provisions of Section 3-913; 4. The development is inconsistent with the approved Master Plan for the redevelopment of Clearwater Mall; and 5. The proposal is incompatible with the surrounding area and will not enhance other redevelopment efforts. Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (February 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. . . ~ I February 24, 2003 Armstrong - Page Four Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-502.B by the applicant or by any person granted party status 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 expires on March 4,2003 (14 days from CDB decision). If you have any questions, please do not hesitate to call Mark T. Parry, Planner, at 727-562-4558. You can access zoning information for parcels within the City through our website: www.c1earwater-fI.com. ~:~. Cynthia H. Tarapani, AICP Planning Director S:\Planning DepartmenflC D B\FleXllnactive or Finished Applications\US Hwy 19 N 20505 Lowes at Clearwater Mal/- Approved and Denied\US Hwy 19 N 20505 DEVELOPMENT ORDER. doc ,. fjVC-779SoJPG (64Ox48Ox16Mjpeg) . ~ MLffil ~ II DtfO ' VC-780S.JPG (64Ox480x16M jpeg) VC-781S.JPG (64Ox480x16M jpeg) .!" (640x480x16M jpeg) . :" (640x480x16M jpeQ>. f ,VC-785SoJPG (64Ox480x16M jpeg) ~VC-787S.JPG (640x48Ox16M jpeg) e ~VC-788S.JPG (640x48Ox16M jpeg) tit flVC-790SoJPG (640x480x16M jpeg) . VC-792S.JPG (64Ox480x16M jpeg) II ,VC-793SoJPG (64Ox48Ox16M jpeg) I fjVc-794S.JPG (64Ox48Ox16M jpeg) . ,VG-795S.JPG (64Ox48Ox16M jpeg) e II I flVG-796S.JPG (64Ox48Ox16M jpeg) . II ... IC-797SoJPG (64Ox48Ox16M jpeg) . II ~Vc-798S.JPG (64Ox480x16Mjpeg) . Ii - II ,C-800s.JPG (64Ox480x16M jpeg) ~ S.JPG (64Ox48Ox16M jpeg) I! , . . , CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUIlDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (]27) 562-4567 FAX (727) 562-4865 PLANNING DEPARTMENT February 24, 2003 Mr. E.D. Armstrong Johnson, Blakely, Pope, Bokor, Ruppel & Bums, P.A. PO Box 1368 Clearwater, FL 33757-1368 RE: Development Order regarding case FID2002-11040 at 20505 U.S. Highway 19 North (Lowe's Home Center) Dear Mr. Armstrong: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On February 18, 2003, the Community Development Board reviewed your Flexible Development application, as an amendment to a previously approved Flexible Standard Development application (FLS2002-06048) to increase the height of material stored/displayed in the garden center and storage areas from 15 feet to 20 feet, increase the height of materials to be displayed in front of the store from four feet to eight feet and permit non-living plant material to be displayed in the front of the store, as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B. The current application includes a modification to three of the conditions of approval regarding outdoor retail sales, display and/or storage within the Commercial District. The modifications include the revision of Condition #1, which limits the height of goods stored within the garden center display area and staging area to 15 feet and to allow for the storage of materials up to 20 feet in height. The request also seeks to modify Conditions #2 and 3, to increase the height of materials to be displayed in front of the store (outside the garden center and the contractor pick-up area) from four feet to eight feet and to permit non-living plant material to be displayed in front of the store. The mechanism to allow the storage of materials above 15 feet in height is to request a Comprehensive Infill Redevelopment Project use. The applicant is also requesting to modify the approval of outdoor display height and materials outside the garden center and building supply areas. The applicant requests garden center items such as retaining wall block, bagged mulch and live plants to be stored to a maximum height of eight feet in front of the garden center area. In front of the contractor pick-up area, the request is to permit building materials such as lumber, concrete blocks, bagged concrete products and plywood, all stored up to eight feet in height. BRIAN J. AUNGST, MAYOR-COMMISSIONER WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BlI.LJONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" . . , February 24, 2003 Armstrong - Page Two Based on the application and the staff recommendation, the Community Development Board (CDB) APPROVED the portion of the application as an amendment to a previously approved Flexible Standard Development application (FLS2002-06048), to increase the height of material stored/displayed in the garden center and storage areas from 15 feet to 20 feet, (amending Condition #1) and permit non-living plant material to be displayed in the front of the store to a maximum height four feet, (amending a portion of Condition #2) as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B. for the site at 20505 U.S. Highway 19 North, with the following bases and conditions: Bases for Approval (Amending previously imposed Condition #1 to increase the height of material stored/displayed in the garden center and storage areas from 15 feet to 20 feet): 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project under the provisions of Sections 2-704.B.; 2. The proposal is compliance with other standards in the Code including the general applicability criteria under the provisions of Section 3-913; 3. The development is consistent with the approved Master Plan; and 4. The development is compatible with the surrounding area and will not enhance other redevelopment efforts. Conditions of Approval (* Denotes conditions originally imposed and carried forward as part of the previously approved Flexible Standard Development application (FLS2002-06048)): 1. That the storage of materials within the enclosed garden center and staging areas, including the racks, not be visible above any fencing, walls or other screening and not exceed 20 feet in height; 2. That the display area, east of the garden center, be limited to the area outlined on the site plan dated received July 19, 2002 at a maximum display height of four feet; 3. That contractor pick-up area be limited to the area under the canopy and contain building materials for same-day, contractor pick-up with no other products, materials displayed and/or stored within this area*; 4. That at least six feet of width be maintained along all walkways on the east side of the building, including between the garden center display area and the loading zone, to provide safe pedestrian movement*; 5. That the vinyl windscreen located on the fencing along the west and south elevations of the garden center and staging areas be maintained in a clean and attractive appearance and shall be in good repair with the same color as the building, at all times*; 6. That all signage meet the requirements of Code or as approved under a separate Comprehensive Sign Program*; 7. That all covered, outdoor areas be designed with a sprinkler system, as part of the overall building design, to be shown on construction drawings prior to issuance of building permit*; 8. That no storage or display of materials/goods be located beyond the limits of the approved plan (e.g. in the parking lot, drive aisles, etc.)*; . . ~i February 24, 2003 Armstrong - Page Three 9. That pallets and/or cardboard not be stored within 10 feet of any building, per Fire Department* ; 10. That the management of the store fully enforce the requirements/limitations of this Development Order at all times*; and 11. That a revised site plan be submitted that incorporates the conditions above and eliminating all other unapproved references to display/storage areas along the garden center and contractor area, to the satisfaction of staff, within two weeks * . Based on the application and the staff recommendation, the Community Development Board (CDB) DENIED the portion of the application as an amendment to a previously approved Flexible Standard Development application (FLS2002-06048), to increase the height of materials to be displayed in front of the store from four feet to eight feet, (portion of Condition #2 and all of Condition #3) as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B. for the site at 20505 u.S. Highway 19 North, with the following bases: Bases for Denial (Amending a portion of Condition #2 and all of Condition #3 to increase the height of materials to be displayed in front of the store from four feet to eight feet): 1. The proposal does not comply with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project under the provisions of Sections 2-704.B.; 2. The proposal does not meet the objectives of the Community Development Code (Section 1- 103); 3. The proposal is not in compliance with other standards in the Code including the general applicability criteria under the provisions of Section 3-913; 4. The development is inconsistent with the approved Master Plan for the redevelopment of Clearwater Mall; and 5. The proposal is incompatible with the surrounding area and will not enhance other redevelopment efforts. Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (February 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. . . February 24, 2003 Armstrong - Page Four . Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-502.B by the applicant or by any person granted party status 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 expires on March 4, 2003 (14 days from CDB decision). If you have any questions, please do not hesitate to call Mark T. Parry, Planner, at 727-562-4558. You can access zoning information for parcels within the City through our website: www.c1earwater-fl.com. 4:~' Cynthia H. Tarapani, AICP Planning Director S:\Planning Departmenf\C D B\FleXllnactive or Finished Applications\US Hwy 19 N 20505 Lowes at Clearwater Mall- Approved and DenielAUS Hwy 19 N 20505 DEVEWPMENT ORDER. doc ,,"'#I,~ ..'a..~LOF T/(t:r~ ~~,.,.,.u~##~tl~ ~1\.\lv'~~ ~..... ~ ~_;::c~~riJn ~. ~ ~~. ___,_ ~-=:c~ ... ;, :c-:',:,',__ . '~~.' \:::~:::: ~~ l>.~.L\"'...-_n j'~r. -..,{~$.##;;;;i"~~.'~ .~##,~TE~,."... -"1'" . . CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SmITH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4865 PUNNING DEPARTMENT January 27, 2003 Mr. E.D. Armstrong Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. PO Box 1368 Clearwater, FL 33757-1368 FILE RE: Community Development Board Meeting ~2002-11040). Dear Mr. Armstrong: The application that you submitted for property located at 20505 U.S. Highway 19 North has been scheduled to be reviewed by the Community Development Board on February 18,2003. The meeting will take place at 2:00 p.m. in the City Commission Chambers, 3rd floor of City Hall at 112 S. Osceola, Clearwater. If you have any questions, please do not hesitate to call me at 727.562.4558. Sincerely yours, ~ Mark T. Parry Planner S:\Planning Departmen^C D B\Flex\Pending cases\Reviewed and Pending\US Hwy 19 N 20505 Lowes at Cleanvater Mall\US Hwy 19 N 20505 CDB letter. doc BRIAN J. AUNGST, MAYOR-COMMISSIONER WHITNEY GRAY, VICE MAYOR-COMMISSIONER Hoyr HAMILTON, COMMISSIONER FRANK HIBBARD, COMMISSIONER (i) BILl. JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" . . '- CITY OF CLEARWATER POST OmCE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUIlDING, 100 Soum MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (]27) 562-4567 FAX (727) 562-4865 PLANNING DEPARTMENT December 27, 2002 Mr. E.D. Armstrong Johnson, Blakely, Pope, Bokor, Ruppel & Bums, P.A. PO Box 1368 Clearwater, FL 33757-1368 RE' Application for Flexible Developmel1t ~pprov::ll, ::l~ an amendment to a previously approval Flexible Standard Development application (FLD2002-11040) to increase the height of material stored/displayed in the garden center and storage areas from 15 feet to 20 feet, increase the height of materials to be displayed in front of the store from four feet to eight feet, permit non-living plant material to be displayed in the front of the store, as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B Dear Mr. Armstrong: The Planning staff has reviewed your application for Flexible Development approval. The proposal includes an amendment to a previously approved Flexible Standard Development application for outdoor retail sales, display and/or storage within the Commercial District as accessory to a home improvement retail sales establishment. After a preliminary review of the submitted documents, staff has determined that the application is generally complete. The application has been entered into the Department's filing system and assigned the case number: FID2002-11040. The Development Review Committee will review the application for sufficiency on January 16, 2003 in the Planning Department conference room - Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle A venue in downtown Clearwater. Please call Sherrie Nicodemus, Administrative Analyst at 727.562.4582 no earlier than one week prior to the meeting date for the approximate time that your case will be reviewed. You or your client must be present to answer any questions that the committee may have regarding your application. Please be aware that additional items and/or information may be required as a result of the DRC meeting. BRIAN). AUNGST, MAYOR-COMMISSIONER WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BILL)ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" . . December 27, 2002 Armstrong - Page Two Please be aware that 15 additional sets of the complete resubmittal of all required information, to include copies of the application, survey, site plan (with any required changes as applicable), affidavit of authorization, etc. will be required by January 20, 2003 in order to be placed on the February 18,2003 Community Development Board (COB) agenda. If you have any questions, please do not hesitate to call me at 727-562-4558. Sincerely yours, ~-----/ Mark Parry Planner S:\Planning Department\C D B\F1ex\Pending cases\Up for the next DRaUS Hwy 19 N 20505 Lowes at Clearwater Mall\US Hwy 19 N 20505 complete.doc ~" 'f . . CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FWRIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4865 PLANNING DEPARTMENT F r; ~~. ~ , ~ ft~:... it;:, November 25,2002 Mr. E.D. Armstrong Johnson, Blakely, Pope, Bokor, Ruppel & Bums, P.A. PO Box 1368 Clearwater, FL 33757-1368 i;;.i...~.i.'~.- . ,."" RE: Application for Flexible Development approval, as an amendment to a previously approval Flexible Standard Development application (FLS2002-06048) to increase the height of material stored/displayed in the garden center and storage areas from 15 feet to 20 feet, increase the height of materials to be displayed in front of the store from five feet to eight feet, permit non-living plant material to be displayed in the front of the store, as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B Dear Mr. Armstrong: The Planning staff has reviewed your application to amend a previously approval Flexible Standard Development application (FLS2002-06048) to increase the height of material stored/displayed in the garden center and storage areas from 15 feet to 20 feet, increase the height of materials to be displayed in front of the store from fi ve feet to eight feet, permit non-living plant material to be displayed in the front of the store, as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B at 2005 Gulf to Bay Boulevard and determined that the application is incomDlete. BRIAN J. AUNGST, MAYOR-COMMISSIONER WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoY!' HAMILTON, COMMISSIONER FRANK HIBBARD, COMMISSIONER " BILI.JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" . . .. November 25, 2002 Armstrong - Page Two The following items and/or information are required in order to make your application complete: 1. General Applicability criteria (Section 3-913.A.) two, three and six: · The proposed development will not hirtder of discourage the appropriate development and se of adjacent land and buildings or significantly impair the value thereof. Describe how; · The proposed development will not adversely affect the health or safety of persons residing or working.in the. neighborhood of the posed use. Describe how; , · The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. Include how the storage on the front (East) side of the building will be effectively screened. 2. Comprehensive Infill Redevelopment Criteria (Section 2-704.B.) one, and five through seven: · The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards. Describe how the site cannot be effectively developed without an increase in height of outdoor storage; · Suitable suites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater. Describe how this site is particularly and uniquely suited to include the requested outdoor storage; . The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. How will the specific use of outdoor storage will upgrade the immediate vicinity?; and . The design of the proposed comprehensive infill redevelopment project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. How will the specific use of outdoor storage will upgrade the immediate vicinity?; 3. A signed and sealed survey; 4. Location map of the property; 5. A site plan with the following information: 6. Site plan submittal requirements: (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; November 25, 2002 Armstrong - Page Three . . ~ 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, including handicapped spaces; ~ 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 jurisdictional lines adjacent to wetlands; ~ Location of all onsite and offsite storm-water management facilities; ~ Location of all outdoor lighting fixtures; and ~ Location of all existing and proposed sidewalks 7. A Site Data Table with the following information: . 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 8. Reduced site plan; November 25,2002 Armstrong - Page Four . . ~:( 9. The following information for developments over one acre: . One-foot contours or spot elevations; . 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; . Building lines (dimensioned); . Streets and drives (dimensioned); . Building and structural setbacks (dimensioned); . Structural overhangs; and . Tree inventory, prepared by a "certified arborist", of all trees eight inches DBH or greater. 10. A landscape plan with the following information: . 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 (as indicated on required tree survey); . 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 Y2 X 11) (color rendering if possible); . Irrigation plan (required for Level Two and Three applications); and . Comprehensive Landscape Program application, as applicable. November 25, 2002 Armstrong - Page Five . . 11. Stormwater plan with the following information: . 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; and . Copy of State and County stormwater system tie-in permit applications, if applicable. Provided that a complete application, including all of the required materials, is submitted to Staff on or before December 26, 2002 (noon) it will be reviewed for sufficiency by the Development Review Committee (DRC) on January 16,2003 in the Planning Department conference room - Room 216 - on the second floor of the Municipal Service Building, 100 South Myrtle Avenue in Clearwater. Your packet will be made available to be picked up at the greeter counter in the Planning and Development Services Department until December 12, 2002 at which time it will be disposed of. If you have any questions, please do not hesitate to call me at 727.562.4558. Sincerely yours, Mark T. Parry Planner S:\Planning Department\C D B\Flex\Incomplete\US Hwy 19 N 20505 Lowes at Clearwater Mall\US Hwy 19 N 20505 incomplete.doc t It e Nicodemus, Sherrie I From: Sent: To: Subject: Chase, Susan Monday, February 03,200310:14 AM Nicodemus, Sherrie Labels Here are copies of the labels for public hearing notice mailing. If these are to be sent to someone else, please let me know. Thanks ~ ~ Labels - Labels - REZ FLD2002-11040.doc 2002-12004.doc Susan Chase Official Records & Legislative Services (727) 562-4099 1 Perkins Clearwater Ltd ., 5275 Edina Industrial Blvd 205 Edina MN 55439 - 2916 Excel Realty Trust Inc 1120 6th Ave Floor 12 New York NY 10036 - 6700 Excel Realty Trust Inc C/O Dillards Inc Property Tax Dept 1120 6th Ave Floor 12th New York NY 10036 - 6700 Zoro Bayside Arbors Ltd C/O Fellers, Schewe, Scott Po Box 262315 TampaFL 33685 - 2315 Clearwater, City Of Po Box 4748 Clearwater FL 33758 - 4748 Alex-Arl Florida Co 901 Venetia Bay Blvd Venice FL 34292 - 4041 Clant Inc Po Box 916464 Longwood FL 32791 - 6464 Brooks, Clifford H 585 Sky Harbor Dr # 114 Clearwater FL 33759 - 3905 Cotton, Dorothy J Cotton, Jeffrey C 500 Bay Ave # 309 S Ocean City NJ 08226 - 3964 Shmier, Raymond F Shmier, Esther A 585 Sky Harbor Dr # 126 Clearwater FL 33759 - 3905 - C N L Funding 2000-A Po Box 1671 Orhl.lldo FL 32802 - 1671 e C N L Funding 2000-A Po Box 1671 Orlando FL 32802 - 1671 New Plan Excel Realty Tr Inc 933 Lake Claire Cir Oviedo FL 32765 - 9147 Excel Realty Trust Inc 1120 6th Ave Fl12th New York NY 10036 - 6700 First Union Natl Bank FI Attn: Bank Real Est Dept Po Box 44247 Jacksonville FL 32231 - 4247 Seville R 0 Assn Inc 2650 Pearce Dr Ste 301 Clearwater FL 33764 - 1133 Seville R 0 Assn Inc 2650 Pearce Dr Ste 301 Clearwater FL 33764 - 1133 Zorn Bayside Arbors Ltd C/O Fellers, Schewe, Scott Po Box 262315 Tampa FL 33685 - 2315 Morton Plant Life Services C/O Bayview Gardens Lisa M Hatsko, Accountant 2855 Gulf To Bay Blvd Clearwater FL 33759 - 4087 Clant Inc Po Box 916464 Longwood FL 32791 - 6464 Harbourwood Nursing Center Inc 16 Norcross St Ste 150 Roswell GA 30075 - Clant Inc Po Box 916464 Longwood FL 32791 - 6464 Clant Inc C/O Harding And Carbone 3903 Bellaire Blvd Houston TX 77025 - 1119 Purdy, Clyde N 585 Sky Harbor Dr # 112 Clearwater FL 33759 - 3905 See, Edwin C See, Norma L 4112 Warrington Dr Wixom Mli 48393 - 4406 Adams, Joe H Adams, Janet E 6596 Loud Dr Oscoda MI 48750- Lepping, Rose M 585 Sky Harbor Dr # 124 Clearwater FL 33759 - 3905 Sager, Robert L Sager, Elinor M 884 Cumberland Ave Peterborough On K9h 7b2 00030- Canada Aldrich, Stanley E Gruschow, James A 585 Sky Harbor Dr # 128 Gruschow, Anna W Clearwater FL 33759 - 3905 585 Sky Harbor Dr # 130 / Clearwater FL 33759 - 3905 t.- tP...u)~ /I./)J.O~ - IIO/tJ e e SnelJlerger, William G Tre Lee, Betty A Zaj ac, Helen J SnelJlerger, Dorethea M Tre 585 Sky Harbor Dr #134 Zaj ac, Marian 585 Sky Harbor Dr # 132 Clearwater FL 33759 - 3905 N 11490 Zajac Rd Cle~ater FLl 33759 - 3905 Wausaukee WI 54177 - 9129 Skinner, Sharon L Ward, Mae C Tre Smith, William J 585 Sky Harbor Dr # 137 585 Sky Harbor Dr # 138 Smith, Mary Clearwater FL 33759 - 3947 Clearwater FL 33759 - 3905 585 Sky Harbor Dr # 139 Clearwater FL 33759 - 3947 La Forge, Ruth J Pugh, Judith A Mc Donald, Elmer 585 Sky Harbor Dr # 140 6770 Skyline Dr E Mc Donald, Bonnie Clearwater FL 33759 - 3905 Columbus OH 43235 - 2743 1385 S Robin Way Rushville IN 46173 - 8511 Blasko, Nancy J Scire, Nancy Waelde, Marilyn J 585SkyHarborDr# 143 Scire, Samuel 4047 Sunfish Dr Clearwater FL 33759 - 3947 585 Sky Harbor Dr # 200 Lapeer MI 48446 - 9619 Clearwater FLl33759 - 3906 Seager, John E Czerwinski, Christine Burandt, William Seager, Jean C 2799 Camden Ct Burandt, Claire 44 Hill PI Lisle IL 60532 - 3271 365 Shepard Ave Tonawanda NY 14150 - 3306 Kenmore NY 14217 - 1828 Mayhew, James A Keitchen, Floy Woomer, Paul E Mayhew, Thelma L 585 Sky Harbor Dr # 206 Woomer, June I 1311 Charlotte Landing Rd Clearwater FL 33759 - 3906 585 Sky Harbor Dr # 207 Springport MI 49284 - 9408 Clearwater FL 33759 - 3948 Zanella, Byron F Brady, James P Sinnott, Edmund A Zanella, Patricia A 585 Sky Harbor Dr # 209 Sinnott, Catherine H 1818 22nd Ave S Clearwater FL 33759 - 3948 Po Box 6834 Escanaba MI 49829 - 1927 Clearwater FL 33758 - 6834 Wilkerson, Charles L Fullen, Eleanor W Evans, Robert C Wilkerson, Ellen S 115 Trenton Ave Evans, L Vemell Po Box 436 Lavallette NJ 08735 - 2722 585 Sky Harbor Dr # 326 Hamlin WV 25523 - 0436 Clearwater FL 33759 - 3907 Ostrander, Jacob C Jr Dunn, James W Maddeaux,Richard Ostrander, Emily L Dunn, Janette Maddeaux, Grace 585 SkyHarborDr#214 585 Sky Harbor Dr # 215 30 Gables Way Clearwater FL 33759 - 3906 Clearwater FL 33759 - 3948 Barrie On Un 8m3 00030- Canada Feigenbutz, Evelyn Westbrook, Ralph F Wilson, Thelma A 585 Sky Harbor Dr # 217 Westbrook, Charlotte 585 Sky Harbor Dr # 219 Clearwater FL 33759 - 3948 585 SkyHarborDr# 218 Clearwater FL 33759 - 3948 Clearwater FL 33759 - 3906 Go~rty, John Go~arty, Steven 30 4ynncrest Cir Cecil PA 15321 - 1123 e Nagle, Shelley A 585 Sky Harbor Dr # 221 Clearwater FL 33759 - 3948 e Robinson, Mary D 585 Sky Harbor Dr # 222 Clearwater FL 33759 - 3906 Brogan, Dolores R 575 Hudson Run Rd Barberton OH 44203 - Wilson, Virgil E 585 Sky Harbor Dr # 224 Clearwater FL 33759 - 3906 Mesley, Doris 585 Sky Harbor Dr # 225 Clearwater FL 33759 - 3948 COlIDts, Charles V Fernandes, Abel Perschau, Creel Counts, Patricia Fernandes, Virginia A 585 Sky Harbor Dr # 228 7641 Hayworth Rd 585 Sky Harbor Dr # 227 Clearwater FL 33759 - 3906 Indianapolis IN 46221 - 9615 Clearwater FL 33759 - 3947 English, Sam Bejma, Ralph Broun, William English, Mary Bejma, Frances 585 Sky Harbor Dr # 231 320 Governors Rd 585 Sky Harbor Dr # 230 Clearwater FL 33759 - 3906 Brookfield NH 03872 - 7305 Clearwater FL 33759 - 3906 Sky Harbor Est Nevill, Paul Hall, Priscilla A Corp Inc Nevill, Mary L 585 Sky Harbor Dr # 302 585 Sky Harbor Dr 585 Sky Harbor Dr # 301 Clearwater FL 33759 - 3907 Clearwater FL 33759 - 3918 Clearwater FL 33759 - 3949 Bellerose, Raymond Swannell, Ronald H Glynn, Beatrice Bellerose, Evelyn Swannell, Olive T 585 Sky Harbor Dr # 305 585 Sky Harbor Dr # 303 585 Sky Harbor Dr # 304 Clearwater FL 33759 - Clearwater FL 33761 - Clearwater FL 33759 - 3907 Shea, Richard Akins, Douglas H Galinis, Joseph E Shea, Janice Akins, Audrey E 4766 Maple Ln 1001 N Caroline Ave Se 33726 State St North Royalton OH 44133 - 3204 Washington DC 20003 - 3907 Farmington MI 48335 - 3558 Martin, Everett G Tre Hoffius, Robert H Kenny, Jerome C Martin, C Bernice Tre Hoffius, Doris A Kenny, Lynda M 448 Esplanade St 775 W Belton Ave 12700 Bear Creek Ln Mount Clemens MI 48043 - 6527 Muskegon MI 49441 - 4701 Bear Lake MI 49614 - 9412 Callaghan, William S J r Rogahn, Ellinor Wright, Kenneth L 585 Sky Harbor Dr # 312 585 Sky Harbor Dr # 313 585 Sky Harbor Dr # 314 Clearwater FL 33759 - 3907 Clearwater FL 33759 - 3949 Clearwater FL 33759 - 3907 Cat1penter, Anna 585 Sky Harbor Dr # 315 Clearwater FL 33759 - 3949 Smale, Howard D Smale, Mary L 585 Sky Harbor Dr # 316 Clearwater FL 33759 - 3907 Amenta, Alice 585 Sky Harbor Dr # 317 Clearwater FL 33759 - 3949 Bea1jty, Janet 33793 Warren Rd Westland MI 48185 - 2748 Short, William L Short, Marci L 585 Sky Harbor Dr # 321 Clearwater FL 33759 - 3949 Trowbridge, Chester E 585 Sky Harbor Dr # 324 Clearwater FL 33759 - 3907 Wal1aker, Donna Tre Hankis, Terry L 585 Sky Harbor Dr # 327 Clearwater FL 33759 - 3949 Mc Carthy, Gwendolyn C Stephens, Jerry W 585 Sky Harbor Dr # 330 Clearwater FL 33759 - 3907 Davis, Norman L Davis, Helen-Anne 848 Pine Shores Cir New Smyrna Bch FL 32168 - 6181 Paliotti, Dennis J Paliotti, Linda J 585 Sky Harbor Dr # 409 Clearwater FL 33759 - Trowbridge, Max C Trowbridge, Louise F 23267 Cora Ave Farmingtn HIs MI 48336 - 3305 Keyes, Bernice J 585 Sky Harbor Dr # 421 Clearwater FL 33759 - Nichols, William J Niohols, Florence 585 Sky Harbor Dr # 424 Clearwater FL 33759 - 3908 . ,l e Durkin, James P Durkin, Mary D 42 Windcrest Dr Cecil PA 15321 - 1162 Kleszy, Nancy W 585 Sky Harbor Dr # 322 Clearwater FL 33759 - 3907 Fisk, Pearl B Tre 585 Sky Harbor Dr # 325 Clearwater FL 33759 - 3949 Wilkinson, Margaret L 585 Sky Harbor Dr # 328 Clearwater FL 33759 - 3907 Royson, Florence K Tre 585 Sky Harbor Dr # 331 Clearwater FL 33759 - 4924 Mc Nabb, Howard Mc Nabb, Ivy Rr4 Owen Sound On N4k 5n6 00030- Canada Coe, William T Coe, William P 585 Sky Harbor Dr # 411 Clearwater FL 33759 - 3900 Bauder, William E Bulger, Margaret M 585 Sky Harbor Dr # 417 Clearwater FL 33759 - 3900 Whitney, Earle H Sr Whitney, Germaine 585 Sky Harbor Dr # 422 Clearwater FL 33759 - 3908 Dee, Judith A 585 Sky Harbor Dr # 425 Clearwater FL 33759 - 3900 e Mc Cune, Donald Mc Cune, Barbara 22005 Inkster Rd Farmington MI 48336 - 6033 Morrow, Ramon A Morrow, Kathleen J 1414 Shork Blvd Cheboygan MI 49721 - 1060 Evans, Robert C Evans, Vemell L 585 Sky Harbor Dr # 326 Clearwater FL 33759 - 3907 Gordon, Constance L 585 Sky Harbor Dr # 329 Clearwater FL 33759 - 3949 Stoecker, Rose M Efford, Ira M 585 Sky Harbor Dr # 401 Clearwater FL 33759 - 3900 Bulger, Margaret M 585 Sky Harbor Dr # 417 Clearwater FL 33759 - Hall, Stephen E Sr Hall, Mary F 585 Sky Harbor Dr # 413 Clearwater FL 33759 - 3900 Koch, Anna E Ryberg, Ann R 585 Sky Harbor Dr # 419 Clearwater FL 33759 - 3900 Headlee, Shirl W Headlee, Margaret D 185 Rolling Meadows Rd Waynesburg PA 15370 - 2417 Foster, Lora M 585 Sky Harbor Dr # 426 Clearwater FL 33759 - 3908 i , I J3elc~stro, Grace ~85 Sky Harbor Dr # 427 Clearwater FL 33759 - Johnson, Merle Johnson, Geraldine 585 Sky Harbor Dr # 430 Clearwater FL 33759 - 3908 Durbal Inc 14115 63rd Way N Clearwater FL 33760 - 3617 Leis, Robert Leis, Shirley A 2623 Seville Blvd # 107 Clearwater FL 33764 - 1157 Christiansen, Helen M 2623 Seville Blvd # 110 Clearwater FL 33764 - 1122 Kram, Dennis M 2623 Seville Blvd # 208 Clearwater FL 33764 - 1123 Patka, Zdenek Patka, Bozena 2623 Seville Blvd # 211 Clearwater FL 33764 - 1123 Hatb, Henry 2623 Seville Blvd # 309 Clearwater FL 33764 - 1124 Blaylock, John W Jr Blaylock, Marjorie A 2623 Seville Blvd # 101 Clearwater FL 33764 - 1157 Lebedeff, Diane 256 W 10th St New York NY 10014 - 6520 e Olsen, Carol A 585 Sky Harbor Dr # 428 Clearwater FL 33759 - 3908 Carroll, John B Carroll, Rosemary 202 Cedar Bend Rd Clarksville TN 37043 - Boos, Seville 2651 Mccormick Dr Clearwater FL 33759 - Leis, Robert Leis, Shirley A 2623 Seville Blvd # 108 Clearwater FL 33764 - 1157 Laux, Richard C Laux, Sandra L 2623 Seville Blvd # 111 Clearwater FL 33764 - 1122 Drag1and, Nancy 2623 Seville Blvd # 209 Clearwater FL 33764 - 1123 Guarino, Phyllis Guarino, Joseph F 2623 Seville Blvd # 307 Clearwater FL 33764 - 1124 Zandimoghaddam, Mohammad 2623 Seville Blvd # 310 Clearwater FL 33764 - 1124 Mulnik, Amelia M 2623 Seville Blvd # 102 Clearwater FL 33764 - 1121 Fortley, Keith A Gillespie, Edward A 9501 W Sahara Ave Apt 2007 Las Vegas NY 89117 - 5321 e Matchett, Kenneth N Matchett, Barbara R 585 Sky Harbor Dr # 429 Clearwater FL 33759 - 3900 Bass, Theodore J 585 Sky Harbor Dr # 432 Clearwater FL 33759 - 3908 Seville Condo 1 Assn Inc 2623 Seville Blvd # 1 Clearwater FL 33764 - 1157 Padgett, Robert J 2623 Seville Blvd # 109 Clearwater FL 33764 - Behr, Marie T J oh Seb Bachstr 9 D-82049 Pullach 00004- Germany Antoniello, Frank A 2623 Seville Blvd # 210 Clearwater FL 33764 - 1123 V ollstedt, Michael 2623 Seville Blvd # 308 Clearwater FL 33764 - 1157 Cross, Beverly J 2623 Seville Blvd # 311 Clearwater FL 33764 - 1124 Zakas, Ramona M 2623 Seville Blvd # 103 Clearwater FL 33764 - 1157 Seibert, Wayne E Fortley, Ester S 2623 Seville Blvd # 203 Clearwater FL 33764 - 1157 I. Burgan, Richard R .462) Seville Blvd # 301 tle$Water FL 33764 - 1157 Chakmanoff, Myriam 2623 Seville Blvd # 104 Clearwater FL 33764 - 1157 Grob, Noel M 2623 Seville Blvd # 203 Clearwater FL 33764 - 1122 Carroll, Herbert A Carroll, Barbara A 1770 Allens Creek Dr Clearwater FL 33764 - 6581 Seville Condo 2 Assn Inc 100] Pearce Dr Clearwater FL 33764 - 1145 Throneburg, Liliane J Po Box 4754 Clearwater FL 33758 - 4754 Grossman, Dorothy 1001 Pearce Dr # 207 Clearwater FL 33764 - 1145 G~a, Lucille M 1001 Pearce Dr # 210 Clearwater FL 33764 - 1104 Hatcher, Derek R Hatcher, Steven C 1001 Pearce Dr # 308 Clearwater FL 33764 - 1105 Rodriguez, Roberto R Rodriguez, Doris P 1001 Pearce Dr # 311 Clearwater FL 33764 - 1145 e Voges, Hans Voges, Carien Rijksstraatweg 56 2121ah Bennebroek 00015- Netherlands Hayes, Joseph A 2623 Seville Blvd # 105 Clearwater FL 33764 - 1157 Neilly, Joan Kahle, Margaret 1640 Palmer Ct Palm Harbor FL 34685 - 1804 Lyons, Ann L 2623 Seville Blvd # 305 Clearwater FL 33764 - 1157 Barker, R Leone Barker, John L 1001 Pearce Dr # 107 Clearwater FL 33764 - 1145 Dionne, Janet 2020 20th Ave Pkwy Indian Rocks Bch FL 33785 - 2967 Colin, Bernadette Tre 1001 Pearce Dr # 208 Clearwater FL 33764 - 1145 Robert, Eleanor S 1001 Pearce Dr # 211 Clearwater FL 33764 - 1145 Girton, Willena F 1001 Pearce Dr # 309 Clearwater FL 33764 - 1105 Northup, Maynard S Jr 16 Bentwood Dr Sturbridge MA 01566 - 1129 e Santiago, Veronica 2623 Seville Blvd # 303 Clearwater FL 33764 - 1157 Howey, Mary L 2623 Seville Blvd # 106 Clearwater FL 33764 - 1157 Hannon, Paul E Hannon, Joanne 2623 Seville Blvd # 206 Clearwater FL 33764 - 1122 Sfameni, Jeanette 2623 Seville Blvd # 306 Clearwater FL 33764 - 1124 Barker, John L Barker, Diane M 1001 Pearce Dr # 108 Clearwater FL 33764 - 1102 Bober, Stanley 1001 Pearce Dr # 111 Clearwater FL 33764 - 1103 Vidal, Rachida 1001 Pearce Dr # 209 Clearwater FL 33764 - Hasic, Mehmed Hasic, Fatima 1001 Pearce Dr Ne # 307 Clearwater FL 33764 - Korkis, Jacob 1001 Pearce Dr # 310 Clearwater FL 33764 - Conley, Marcia E 1001 Pearce Dr # 102 Clearwater FL 33764 - 1102 I " Freqch, Dorothy .1001 Pearce Dr # 103 Clearwater FL 33764 - 1102 e Beckett, Clive Beckett, Lynne 1001 Pearce Dr # 201 Clearwater FL 33764 - 1103 e Kadi, Frank S 1001 Pearce Dr # 202 Clearwater FL 33764 - 1145 Moriarty, Dennis J Moriarty, Ellen 1001 Pearce Dr # 203 Clearwater FL 33764 - 1145 Grimes, Pemey M 1001 Pearce Dr # 301 Clearwater FL 33764 - 1145 Weinbrecht, Heinz G Weinbrecht, Rose M 1001 Pearce Dr # 302 Clearwater FL 33764 - 1104 Sow~ds, Guy G 2612 Pearce Dr # 202 Clearwater FL 33764 - 1118 French, Milo J Ii 1001 Pearce Dr # 103 Clearwater FL 33764 - 1102 Schoderbock, Walter Schoderbock,Joann 1009 Pearce Dr Clearwater FL 33764 - 1100 French, Milo J Ii 1001 Pearce Dr # 103 Clearwater FL 33764 - 1102 Herby, Irene H 1001 Pearce Dr # 204 Clearwater FL 33764 - 1145 Mc Guire Family Trust 10785 Valley View Rd # 105 Eden Prairie MN 55344 - 3550 Matthews, Joan H 1001 Pearce Dr # 206 Clearwater FL 33764 - 1145 Daniel, Helga B Tre 1001 Pearce Dr # 304 Clearwater FL 33764 - 1145 J ames, Robert A 1001 Pearce Dr # 305 Clearwater FL 33764 - 1105 Robertson, Norman L Tre Seville Condo 7 Assn Inc Berry, Earl C Tre Fost~-Robertson, Deeann Tre 2635 Seville Blvd # 7 Berry, D Marie Tre 1001 Pearce Dr # 306 Clearwater FL 33764 - 1158 2635 Seville Blvd # 101 ClealtWater FL 33764 - 1145 Clearwater FL 33764 - 1137 Camire, Lucien Gibson, William Holland, June R Camire, Mary V 1785 Riverside Dr # 2901 2635 Seville Blvd # 104 2635 Seville Blvd # 102 Ottawa On K1 g 3t7 00030- Clearwater FL 33764 - 1137 Clearrwater FL 33764 - Canada TomClSetti, Pat J Kross, Mary F Bortzer, Carolyn TomClSetti, Barbara A 2635 Seville Blvd # 106 Triplett, Reuben 619 Grand Ave Clearwater FL 33764 - 1137 2635 Seville Blvd # 107 Lindenhurst NY 11757 - 3124 Clearwater FL 33764- Drap~r, Theresa M Bailey, Betty E Schoderback, Walter 2635 Seville Blvd # 108 2635 Seville Blvd # 109 Schoderback, Jo Ann Clearwater FL 33764 - Clearwater FL 33764 - 1137 1009 Pearce Dr Clearwater FL 33764 - 1100 Darmanin, Mary C Allstaedt, Kenneth C Sterling, William A 2635 Seville Blvd # 204 Allstaedt, Dorothy M Lawrence, Catherine E Clearwater FL 33764 - 1138 2635 Seville Blvd # 112 2635 Seville Blvd # 201 Clearwater FL 33764 - 1138 Clearwater FL 33764 - 1138 I ~ . - Tajti, Gabor 1718 17th Ave Sw Calgary Ab T2t Oe7 00030- Canada r-feamdon, Helen L 263$ Seville Blvd # 202 Clearwater FL 33764 - 113 8 Hemnann, Charlene C 2635 Seville Blvd # 205 Clearwater FL 33764 - 1138 Aprea, Luca Aprea, Rose P 31 Montgomery Ave West Babylon NY 11704 - 4812 O'brien, John E 2635 Seville Blvd # 208 Clearwater FL 33764 - 1139 Marrs, Amanda 2635 Seville Blvd # 209 Clearwater FL 33764 - 1108 e Darmanin, Mary C 2635 Seville Blvd # 204 Clearwater FL 33764 - 1138 Andree, William H Po Box 5206 Clearwater FL 33758 - 5206 Kessel, Carol J 2635 Seville Blvd # 210 Clearwater FL 33764 - 1139 Graveley, John Sosa, Mario A Salmon, Patricia S 2215 Vincent Massey Dr 2635 Seville Blvd # 212 2635 Seville Blvd # 301 Cornwall On K6h 5r6 00030- Clearwater FL 33764 - 1139 Clearwater FL 33764 - 1139 Cana<la Moen, Carl Bruick, Herbert P Tre Sosa, Mario A Moen, Geraldine Bruick, M Anne Tre 2635 Seville Blvd # 212 2635 Seville Blvd # 302 2635 Seville Blvd # 303 Clearwater FL 33764 - Clearwater FL 33764 - 1139 Clearwater FL 33764 - 1139 Robb, Douglas J Licciardello, Salvatore Linford, Kathryn S 307 East Rosewood Ave Licciardello, Anna 2635 Seville Blvd # 307 San Antonio TX 78212 - 5246 2635 Seville Blvd # 306 Clearwater FL 33764 - 1140 Clearwater FL 33764 - 1140 Davis,.Kim M Green, Marshall C Giunta, Rose M Davis, Gilbert R Green, Janice D 2635 Seville Blvd # 310 2205 Ilampstead Ct 2635 Seville Blvd # 309 Clearwater FL 33764 - 1140 Safety Harbor FL 34695 - 5646 Clearwater FL 33764 - 1140 Krueg~r, Richard A Gravin, Dorothe L Trust Wal-Mart Stores Inc Krueger, Maripat 2635 Seville Blvd # 312 C/O Division-Store 618 Fayette Dr S Clearwater FL 33764 - 1140 Property Tax # 0555 Safety Harbor FL 34695 - 4310 1301 Se 10th St Bentonville AR 72716 - 0001 luby's Restaurants Ltd Ptnshp E.D. Armstorng III, Esquire Seville RO Association -::';0 Deloitte & Touche WI E Kennedy Blvd Ste 700 Johnson, Blakely, et al 2640 Seville Blvd. fampa FL 33602 - 5825 911 Chestnet St. Clearwater, FL 33764 Clearwater, FL 33756 ., Aerial Photograph Qwner. Lowe's Home Centers. Inc. Case: FLD:nl2-111040 Site: 20505 U.S. Highway 19 North Property Size (Acres): 11.5 $urrounding Land Uses - buffered 0.25 miles PIN: Portions of 17/29116/0??oo/320/0200 and 7/29/16/0??oo/320/0300 300A Atlas Page: .j -;- , .. .. --u. 8:-H/GHWA}0f9 = '::] @ @ CB ..,,;gIEl!! '" i:lil z! Ii a ~i~1 !~~!~ ~ :-f-ll:"~ . ~!~~ ~~~~ ~~~~ CI) i!~; !J~~ ~;gll ~~~ O! jil !: ,....... '" -- .. .. O! '" ..u 'r ..u 'r ..u ..u ;z 'r ~~~I ~ ~~ ~ I - --...-..... ~ LOWE'S I a CLEARWATER OUTDOOR STORAGE AND DISPLAY AREAS .. .. .. '-.:] "!. .. .. ',--, .. - - -~ ----, ~:A - Ul e--. I'IImIrI LINCKS & ASSOCIATES, INC. 8023 W..t Laurel Stre.t T...... Fl.rld. 33807 TII (813) 281l-ClO38 F.. (813) 287_74 Lie. N.. 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