2130 GULF TO BAY BLVD- 0 2-13o IL
Bay
is
CITY OF CLEARWATER
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE
POST OFFICE BOX 4748, CLEARWATER FLORIDA 33758 -4748
Telephone (727) 562 -4720 Fax (727) 562 -4735
' Q 4V Compliance Notice
Planning
Department CDC2008 -02027
CLEARWATER PROP GROUP
C/O BELL, CALVIN
4401 CAPTAINS WAY
JUPITER, FL 33477
RE: 2130 GULF TO BAY BLVD
Dear Property Owner:
The City of Clearwater Planning Department has done a re- inspection at the above address and has
found the property is in compliance of the following City code:
Section of City Code violated: 3- 1204.L. Facts behind violation: "DEAD, DECLINING, MISSING AND
DISEASED PLANT MATERIAL "" shall be replaced with healthy material of similar type in keeping with the
landscaping requirements at the time of original planting ccordance the approved landscape
plan.
Inspector Sigr4ure
DATE MAILED: 10/27/2008
INSPECTOR: Matthew Anderson
INSPECTOR TELEPHONE: 562- 4567xt2504
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CLEARWATER PROP GROUP
C/O BELL, CALVIN
4401 CAPTAINS WAY
JUPITER, FL 33477
RE: 2130 GULF TO BAY BLVD
Dear Property Owner:
CDC2008 -02027
The City of Clearwater Planning Department has done an inspection at the above address and has found
the property is in violation of the following City code:
Section of City Code violated: 3- 1204.L. Facts behind violation: * *DEAD, DECLINING, MISSING AND
DISEASED PLANT MATERIAL ** shall be replaced with healthy material of similar type in keeping with the
landscaping requirements at the time of original planting and in accordance with the approved landscape
plan.
Specifically, To be in Compliance with Section 3 -1204 Part L replace 2 missing sabal palms
in the Northwest corner of the property. Replace dead and missing Azalea bushes,
Viburnum Bushes, and Lirope in the perimeter landscaping bed along Gulf to Bay Blvd.
Replace dead and missing Dwarf Yaupon Holly, Lirope, Pittosporum, and Aziatic. Jasimine
where missing in the interior islands. Replace missing and dead Viburnum Suspensum
bushes in the East perimeter hedge south of the Main Ave. entrance. Replace missing and
dead Podocarpus bushes in East perimeter hedge North of Main Ave. entrance. Replace
missing and dead Viburnum bushes in the North Perimeter hedge. Mulch any and all
landscaping beds on the property according to Section 3 -1204.
No further action is required on your part if the violation is corrected by August 23; 2008.
Our goal is to achieve voluntary compliance through education, communication and cooperation. We
would appreciate your assistance in achieving this goal. If you have any questi concerning this matter,
or if you need any additional information, please do not hesi t� I c � t�ct TitT Clearwater Planning
Department. /�
Inspector Sign
DATE MAILED: 7/23/2008
INSPECTOR: Matthew Anderson
INSPECTOR TELEPHONE: 562- 4567xt2504
r: \Forms \CLW Courtesy LtrCDC. rpt
CITY OF CLEARWATER
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE
POST OFFICE ROM 4748, CLEARWATER, FLORIDA 33758 -4748
`+
Telephone (727) 562 -4720 Fax (727) 562 -4735
Courtesy Notice
Planning
Department
CLEARWATER PROP GROUP
C/O BELL, CALVIN
4401 CAPTAINS WAY
JUPITER, FL 33477
RE: 2130 GULF TO BAY BLVD
Dear Property Owner:
CDC2008 -02027
The City of Clearwater Planning Department has done an inspection at the above address and has found
the property is in violation of the following City code:
Section of City Code violated: 3- 1204.L. Facts behind violation: * *DEAD, DECLINING, MISSING AND
DISEASED PLANT MATERIAL ** shall be replaced with healthy material of similar type in keeping with the
landscaping requirements at the time of original planting and in accordance with the approved landscape
plan.
Specifically, To be in Compliance with Section 3 -1204 Part L replace 2 missing sabal palms
in the Northwest corner of the property. Replace dead and missing Azalea bushes,
Viburnum Bushes, and Lirope in the perimeter landscaping bed along Gulf to Bay Blvd.
Replace dead and missing Dwarf Yaupon Holly, Lirope, Pittosporum, and Aziatic. Jasimine
where missing in the interior islands. Replace missing and dead Viburnum Suspensum
bushes in the East perimeter hedge south of the Main Ave. entrance. Replace missing and
dead Podocarpus bushes in East perimeter hedge North of Main Ave. entrance. Replace
missing and dead Viburnum bushes in the North Perimeter hedge. Mulch any and all
landscaping beds on the property according to Section 3 -1204.
No further action is required on your part if the violation is corrected by August 23; 2008.
Our goal is to achieve voluntary compliance through education, communication and cooperation. We
would appreciate your assistance in achieving this goal. If you have any questi concerning this matter,
or if you need any additional information, please do not hesi t� I c � t�ct TitT Clearwater Planning
Department. /�
Inspector Sign
DATE MAILED: 7/23/2008
INSPECTOR: Matthew Anderson
INSPECTOR TELEPHONE: 562- 4567xt2504
r: \Forms \CLW Courtesy LtrCDC. rpt
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Certified Mail Provides:
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■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail.
■ For an additional fee, a Return Receipt may be requested to provide prof of
delivery. To obtain Return Receipt service, please complete and attach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested ". To receive a fee waiver for
a duplicate return receipt, a USPS postmark on your Certified Mail receipt is
required.
■ For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement "Restricted Delivery".
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cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT. Save this receipt and present it when making an inquiry
PS Form 3800, February 2000 (Reverse) 102595 -00 -M -1489
Postage
Certified Fee
Return Receipt Fee Postmark
(Endorsement Required) Here
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
Recipient's Name (Please Print Clearly) (To be completed by maller)
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Street,
WAY Box No.
City, State, ZIP+ 4
Certified Mail Provides:
• A mailing receipt
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• A signature upon delivery
• A record of delivery kept by the Postal Service for two years
Important Reminders:
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• Certified Mail is not available for any class of international mail.
• NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail.
• For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt service, please complete and attach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested ". To receive a fee waiver for
a duplicate return receipt, a USPS postmark on your Certified Mail receipt is
required.
• For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement "Restricted Delivery".
• If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT: Save this receipt and present it when making an inquiry.
PS Form 3800, February 2000 (Reverse) 102595 -00 -M -1489
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LANG RANGE PLANNING
DEVELOPMENT REViEv
HOUSING DIVISION
NEIGHBORHOOD SERVICES
August 21, 2001
I°TI' OF �LEARWATER
PLANNING DEPARTMENT
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562 -4567 FAx (727) 562 -4576
NOTICE OF VIOLATION
The below referenced site is in non - compliance with the landscape /tree ordinance and
landscape plan submitted at the time of development or modification. Questions
concerning this report should be directed to Scott Kurleman at 727 -562 -4746.
SITE: Kmart 3476
OWNER: Clearwater Property Group
C/0 Kmart Corp Tax #3476
1701 Mountain Ind Blvd
Stone Mountain, GA 30083 -1029
SITE ADDRESS: 2130 Gulf To Bay Blvd.
PARCEL I.D. # 13- 29 -15- 00000 - 140 -0300
Clearwater Property Group
C/0 Burr Wolff
P.O. Box 560907
Dallas, TX 75356
INSPECTION DATE: 08/20/2001
NOTICE OF VIOLATION COMPLIANCE DATE: 1 SfzO(4 jO 1 I S 12°-0 I
CODES VIOLATED: 3 -1204 (A)(B)(D)(I)(L).
REQUIREMENTS: 1. Remove staking wires from oak trees, 2. Remove weed and
grass growth from landscape beds, 3. Replace all declining and missing plant material.
Landscape must be maintained in a healthy growing condition so as to present a neat and
orderly appearance, free from refuse, debris and weeds.
Failure to correct the VIOLATIONS by the notice of violation compliance date will result
in legal action by the Code Enforcement Board of the City of Clearwater, or by the
Pinellas County Court. Such action ay result in - ditional fines.
SIGNATURE: j Mel %/l 6
BRIAN J. AUNGST, MAYOR - COMMISSIONER
WHITNEY GRAY, COMMISSIONER HOYT HAMILTON, COMMISSIONER
ED HART, COMMISSIONER BILL JONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
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card to you.
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.., ��. CITY OF CLEARWATER
•": �� PLANNING DEPARTMENT
99�grgRE�' Pon OFFICE Box 4748
CLEARWATER, FLORIDA 33758-4748
�IQIUIIIIII�IIII�INIIUUINII�
7000 0.520 0020 1280 0164
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TX
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••`�r= CITY OF CLEARWATER
.y. Q; PLANNING DEPARTMENT
•�!�g7EFt;�, Pon ONCE Box 4748
CLEARWATER, FLORIDA 33758-4748
7000 0520 0020 1280 0140
4-64�-� GA-DY
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<0� � A0���, �y,¢ 30083 -10z4
LONG RANGE PLANNING
DEVELOPMENT REVIEW
HOUSING DMSION
NEIGHBORHOOD SERVICES
August 21, 2001
CITY OF CLEARWATER
PLANNING DEPARTMENT
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562 -4567 FAX (727) 562 -4576
NOTICE OF VIOLATION
The below referenced site is in non - compliance with the landscape /tree ordinance and
landscape plan submitted at the time of development or modification. Questions
concerning this report should be directed to Scott Kurleman at 727 -562 -4746.
SITE: Kmart 3476
OWNER: Clearwater Property Group
C/O Kmart Corp Tax #3476
1701 Mountain Ind Blvd
Stone Mountain, GA 30083 -1029
SITE ADDRESS: 2130 Gulf To Bay Blvd.
PARCEL I.D. # 13- 29 -15- 00000 - 140 -0300
INSPECTION DATE: 08/20/2001
Clearwater Property Group
C/O Burr Wolff
P.O. Box 560907
Dallas, TX 75356
NOTICE OF VIOLATION COMPLIANCE DATE: 09/15/2001
CODES VIOLATED: 3 -1204 (A)(B)(D)(I)(L).
REQUIREMENTS: 1. Remove staking wires from oak trees, 2. Remove weed and
grass growth from landscape beds, 3. Replace all declining and missing plant material.
Landscape must be maintained in a healthy growing condition so as to present a neat and
orderly appearance, free from refuse, debris and weeds.
Failure to correct the VIOLATIONS by the notice of violation compliance date will result
in legal action by the Code Enforcement Board of the City of Clearwater, or by the
Pinellas County Court. Such action may result in dditional fines.
SIGNATURE:
BRIAN J. AUNGST, MAYOR- COMMISSIONER
\XIHITNEY GRAY, COMMISSIONER HOYT HAMILTON, COMMISSIONER
ED HART, COMMISSIONER ® BILL JONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
PN10 -01 CITY OF CLEARWATER ATTN: ENG
PARCEL ID 13- 29 -15- 00000 - 140 -0300 PAZIP YRBLT /EFF FLRS TOT SQFT $ /SQFT AVR
2130 GULF TO BAY BLVD 33765 1979 1985 0 0.00 0.17
OWNER'S NAME AND ADDRESS V P W G BLDGS == IMPROVEMENT == HEAT SQFT
CLEARWATER PROP GROUP 1 27 THEATER 89,616
C/O KMART CORP TAX #3476 LEGAL DESCRIPTION CENSUS PBOOK /PG
1701 MOUNTAIN IND BLVD BEG SW COR RAINBOW DR AND .00
STONE MOUNTAIN, GA 30083 -1029 MAIN AVE RUN S 496.FT TH W NBHD
LOT SIZE = => RES COUNTY 195FT TH S 154FT TO N R/W
378,536 SQ FT GULF TO BAY BLVD TH W 450
YEAR IMPROVEMENT LAND ASSESSMENT AS /FT YEAR TAXES PD D TX /FT
2000 2,550,900 1,976,000 4,526,900 50.51 2000 104, 089.28 Y N 0.00
SALE DATE AMOUNT BOOK PAGE DT Q T SALE DATE AMOUNT BOOK PAGE DT Q
MAY 1992 780,000 7895 1678 U K
MKT YR BLDG LAND TOT VALUE = = = == LAND / PROPERTY USE = = = == HOMESTD LP
2550,900 1976,000 4,526,900 11 323 SUPERMARKET /SUPERSTORE 0 N
MORTGAGE COMPANY AMOUNT DATE MTG TYPE RATE NUMBER
SELLER'S NAME GEN REVIEW DATE BLDG REVIEW DATE
01/23/1992 01/04/1999
ENTER =FWD F1 =DOCS F2 =BLDG F4 =TAX F5 =LGL F7 =DIM F'8 =XFEAT F13 =SKTCH F6 =COMP MENU
PN10 RES
08/21/2001 People Associated with Case #: COD2001 -01496
9:47:09 AM
Role
Type Last Name M.I. First Name Address 1 Address 2 City State Zip Phone 1 Ext. 1 Phone 2 Ext. 2
OWN CLEARWATER PROP GROUP C/O BURR WOLFF PO DALLAS TX 75356
BOX 560907
Page 1 of 1
Company
Name Hold Primary
No Hold Y
MIA
Postage 1 $
Certified Fee
Return Receipt Fee I Postmark
(Endorsement Required) {_ Here
Restricted Delivery Fee
(Endorsement Required) ,
Total Postage & Fees
Recipient's Name (Please Print Clearly) (To be completed by mailer)
.........
o. -- °
----------------------------•......•..........•---------
Street Apt. No.; or PO Box N
City, State, ZIP+ 4
Certified Mail Provides:
■ A mailing receipt
■ A unique identifier for your mailpiece
■ A signature upon delivery
■ A record of delivery kept by the Postal Service for two years
Important Reminders:
■ Certified Mail may ONLY be combined with First -Class Mail or Priority Mail.
■ Certified Mail is not available for any class of international mail.
s NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail.
■ For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt service, please complete and attach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested ". To receive a fee waiver for
a duplicate return receipt, a USPS postmark on your Certified Mail receipt is
required.
■ For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement "Restricted Delivery".
■ If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT. Save this receipt and present it when making an inquiry.
PS Form 3800, February 20gO (Reverse) 102595 -00 -M -1489
Postage
Certified Fee
Return Receipt Fee Postmark
(Endorsement Required) Here
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
Recipient's Name (Please Print Clearly) (To be completed by mailer)
---- --------------------°°----------.°---.---------.-..-------------------
Street, or PO Box No.
City, State, ZIP+ 4
-------•-------------------------------------------------------------------
PS Form :0i February 2000 See Reverse for Instructions
Certified Mail Provides:
• A mailing receipt
• A unique identifier for your mailpiece
• A signature upon delivery
• A record of delivery kept by the Postal Service for two years
Important Reminders:
• Certified Mail may ONLY be combined with First -Class Mail or Priority Mail.
• Certified Mail is not available for any class of international mail.
• NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail.
• For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt service, please complete and attach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested ". To receive a fee waiver for
a duplicate return receipt, a USPS postmark on your Certified Mail receipt is
required.
• For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement "Restricted Delivery".
• If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT. Save this receipt and present it when making an inquiry.
0 r
PS Form 3800, February 2000 (Reverse) 102595 -00 -M -1489
LONG RANGE PLANNING
DEVELOPMENT REVIEW
HOUSING DIVISION
NEIGHBORHOOD SERVICES
May 1, 2001
CITY OF CLEARWATER
PLANNING DEPARTMENT
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562 -4576
Y
NOTICE OF VIOLATION
The below referenced site is in non - compliance with the landscape ordinance and
landscape plan submitted at the time of development or modification. Questions
concerning this report should be directed to Scott Kurleman at 727 -562 -4746.
SITE: K -mart
OWNER: Clearwater Property Group Clearwater Property Group
C/O K -mart Corp. Tax #3476 9450 Koger Blvd. N Suite 100
1701 Mountain Ind. Blvd St. Petersburg, FL 33702
Stone Mountain, GA 30083 -1029
SITE ADDRESS: 2130 Gulf To Bay Blvd.
PARCEL I.D. # 13- 29 -15- 00000 -140 -0300
INSPECTION DATE: 05/01 /2001
NOTICE OF VIOLATION COMPLIANCE DATE: 05/22/2001 (o ZZ 0 j
CODES VIOLATED: 3 -1204 (A)(B)(C)(D)(F)(I)(L).
REQUIREMENTS: Replace all missing, dead /declining plant material. Mainly the
north buffer. Plant material must be replaced per the approved landscape plan submitted
at the time of development or modification.
Failure to correct the VIOLATIONS by the notice of violation compliance date will
result in legal action by the Code Enforcement Board of the City of Clearwater, or by the
Pinellas County Court. Such action may result in a fine.
SIGNATURE:
BRIAN J. AUNGST, MAYOR - COMMISSIONER
J.B. JOHNSON, VICE MAYOR- COMMISSIONER BOB CLARK, COMMISSIONER
ED HART, COMMISSIONER ED HOOPER, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
(� ITY OF C L,EARWATER
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CITY OF CLEARWATER
Planning Department
100 S. Myrtle Ave.
Clearwater, Fl 33756
v x' /6,7,
.6 1. li'1141£if11111131f1i1t'11flf 311£
PN10 -01 CITY OF CLEARWATER ATTN: ENG
PARCEL ID 13- 29 -15- 00000 -140 -0300
PA2IP YRBLT/EFF FLRS TOT SQFT
VSQFT AVR
2130 GULF TO BAY BLVD
33765 1979 1985 0
0.00 0.17
OWNER'S NAME AND ADDRESS
V P W G BLDGS == IMPROVEMENT ==
HEAT SQFT
CLEARWATER PROP GROUP
1 27 THEATER
89,616
C/O KMART CORP TAX #3476
LEGAL DESCRIPTION CENSUS
PBOOK /PG
1701 MOUNTAIN IND BLVD
BEG SW COR RAINBOW DR AND .00
STONE MOUNTAIN, GA 30083 -1029
MAIN AVE RUN S 496.FT TH W NBHD
LOT SIZE = => RES COUNTY
195FT TH S 154FT TO N R/W
378,536 SQ FT
GULF TO BAY BLVD TH W 450
YEAR IMPROVEMENT LAND ASSESSMENT
AS /FT YEAR TAXES
PD D TX /FT
2000 2,550,900 1,976,000
4,526,900 50.51 2000 104,089.28
Y N 0.00
SALE DATE AMOUNT BOOK PAGE
DT Q T SALE DATE AMOUNT BOOK
PAGE DT Q
MAY 1992 780,000 7895 1678
U K
MKT YR BLDG LAND TOT VALUE
____= LAND / PROPERTY USE = = = ==
HOMESTD LP
2550,900 1976,000 4,526,900
11 323 SUPERMARKET /SUPERSTORE
0 N
MORTGAGE COMPANY
AMOUNT DATE MTG TYPE RATE
NUMBER
SELLER'S NAME GEN REVIEW DATE BLDG REVIEW DATE
01/23/1992 01/04/1999
ENTER =FWD F1 =DOCS F2 =BLDG F4 =TAX F5 =LGL F7 =DIM F8 =XFEAT F13 =SKTCH F6 =COMP MENU
PN10 RES
.
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 06 -99
CITY OF CLEARWATER
Petitioner, )
V.
Clearwater Prop. Group c/o Kmart Tax #3476 ) 2130 Gulf to Bay Blvd.
9450 Koger Blvd. N., Suite 100 ) Sec. 13- 29 -15, M &B 14.03
St. Petersburg, FL 33702
Respondent, )
The Municipal Code Enforcement Board received the Affidavit of Non - Compliance of A.
Scott Kurleman, Code Inspector, in the above referenced case at the Board meeting held
Wednesday, May 26, 1999, and based on the evidence, the Municipal Code Enforcement Board
enters the following Findings of Fact, Conclusions of Law, and Order.
FINDINGS OF FACT
Based on the Affidavit of Non - Compliance, it is evident the property is in violation of the
landscape ordinance and landscape plan submitted by Kmart and approved by the City on
4/23/92.
CONCLUSIONS OF LAW
The Respondent is still in violation of Ch. 42.27, 5(h), 6 (a) & (b), 7(a), and 8 (a) & (d) of the
Code of the City of Clearwater, Florida, in that the Respondent has failed to remedy the cited
violations and has not complied with the Order of this Board dated February 24, 1999.
ORDER
In accordance with this Board's Order dated February 24, 1999, it is the Order of this Board
that Respondent, pay a fine of two hundred fifty and no /100 dollars ($250) per day for each day
the violation continues to exist beyond the compliance due date of April 10, 1999.
A certified copy of this Order shall be recorded in the public records of Pinellas County, and
once recorded, shall constitute a lien against any real or personal property owned by the violator
pursuant to Chapter 162 of the Florida Statutes.
A fine imposed pursuant to Chapter 162 of the Florida Statutes continues to accrue until the
violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed
pursuant to Chapter 162, whichever occurs first.
•
DONE AND ORDERED this 26th day of May, 1999, at Clearwater, Pinellas County, Florida.
Attest:
Mary D na
Secret ry
MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
I
Helen Kerwin
Chair
Sent original order by certified mail with return receipt requested, to Clearwater Prop.
Group c/o Kmart Tax #3476, Devon Tax Group, LLC, 1777 NE Loop 410, Suite 1250, San
Antonio, TX 78217 -5234; and copies by certified mail with return receipt requested, to Kmart
Corp., 1701 Stone Mountain Ind. Blvd., Stone Mountain, GA 30083; Kmart Corp., CT Corp.
System, R.A., 2100 S. Pine Island Rd., Plantation, FL 33324; Kmart Corp., Attn: Dennis Jarrard,
3100 W. Big Beaver Rd,, Troy, MI 48084.3163; and Clearwater Prop. Group, Attn: Calvin Bell,
127 Quayside Dr., Jupiter, FL 33477, this 4th day of June, 1999.
PLEASE RETURN TO:
CITY OF CLEARWATER
CITY CLERK DEPARTMENT
P.O.BOX 4748
CLEARWATER, FL 33758 -4748
IMPOSE FINE
2
Mary i a, Secretary
CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 0699
CITY OF CLEARWATER,
Petitioner,
V.
Clearwater Prop. Group c/o Kmart Tax #3476
9450 Koger Blvd. N., Suite 100
St. Petersburg, FL 33702
Respondent.
2130 Gulf to Bay Blvd.
Sec. 13- 29 -15, M&B 14.03
The Municipal Code Enforcement Board has heard testimony at its regular meeting held on
February 24, 1999, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
FINDINGS OF FACT
After hearing testimony of Code Inspector A. Scott Kurleman and Jan Stern, representing
the Respondent, and viewing the evidence, City Exhibits 1 -15 (Ex. 1 - notices of non -
Compliance; Ex. 2 - Memo to John Richter dated 4/7/98; Ex. 3 - letter to Kmart dated 4/21/98;
Ex. 4 - urban forestry landscape re- Inspection dated 4/23/98; Ex. 5 - notice of non - compliance
dated 4/27/98; Ex. 6 - photocopy of returned certified mailing card signed by Wanda Meyer; Ex.
7 - notice of violation dated 6/3%98; Ex. 8 - notice of violation (date unknown); Ex. 9 - affidavit
of service dated 7/22/98; Ex. 10 - notice of violation dated 8/17/98; Ex. 11 - cited code
sections; Ex. 12 - memos to inspector Kurleman; Ex. 13 - photocopy of letter to Kmart from
Dave Peckham Lawn Sprinklers; Ex. 14 - affidavit of violation and request for hearing; and Ex. 15
- notice of hearing dated 1/6/99), it is evident the property is in violation of the landscape
ordinance and landscape plan submitted by Kmart and approved by the City on 4/23/92.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Ch. 42.27, 5(h), 6 (a) & (b),
7(a), and 8 (a) & (d) of the Code of the City of Clearwater, Florida, in that the Respondent has
failed to remedy the cited violations.
ORDER
It is the Order of the Board that the Respondent is to bring the exterior landscaping buffer
into compliance within 45 days (April 10, 1999) and the interior landscaping into compliance
within 90 days (5/25/99). The burden shall rest upon the Respondent to request a reinspection
by the Code Inspector to verify compliance with this Order.
Found in Violation
Kurleman, Scott
From:
Thomas, Sally
Sent:
Wednesday, February 16, 2000 9:27 AM
To:
Kurleman, Scott; Dougall- Sides, Leslie
Subject:
MCEB - Kmart
At the January MCEB meeting - the board approved the request for Kmart to come address the board re their fine at the
next meeting (Feb.)
Michael Gaines, attorney for Kmart, asked if they could wait until the March meeting because a representative of Kmart
wants to be present and he has a conflict with Feb. 23 date.
So we are listing the case on the Feb. Meeting Notice with the notation;
To be Continued to 3/22
Kurleman, Scott
From: Dougall- Sides, Leslie
Sent: Thursday, January 20, 2000 2:21 PM
To: Kurleman, Scott
Subject: RE: Mart, MCEB Case No. 06 -00
No, we do not need you. See you next month!
- - - -- Original Message - - - --
From: Kurleman, Scott
Sent: Thursday, January 20, 2000 8:59 AM
To: Dougall- Sides, Leslie
Cc: Diana, Sue
Subject: RE: Wart, MCEB Case No. 06 -99
Letter dated 01 -07 -00 from Sue Diana states Kmart will not be speaking at the 01 -26 -00 meeting. Possibly at the
Feb meeting if the board agrees to hear them. If Kmart is not going to be heard do you still need me there?
thanks
- - - -- Original Message---- -
From: Dougall- Sides, Leslie
Sent: Friday, January 07, 2000 10:13 AM
To: Kurleman, Scott
Subject: Wart, MCEB Case No. 06 -99
Wart is asking to be heard at the January 26 MCEB meeting re fine reduction. Please attend and be prepared
to give the Board a recommendation on this. Thank you.
Leslie K. Dougall -Sides
Assistant City Attorney
City of Clearwater
Kurleman, Scott
From: Dougall- Sides, Leslie
Sent: Friday, January 07, 2000 10:13 AM
To: Kurleman, Scott
Subject: Wart, MCEB Case No. 06 -99
Wart is asking to be heard at the January 26 MCEB meeting re fine reduction. Please attend and be prepared to give
the Board a recommendation on this. Thank you.
Leslie K. Dougall -Sides
Assistant City Attorney
City of Clearwater
Kurleman, Scott
From:
Stone, Ralph
Sent:
Friday, November 12, 1999 5:14 PM
To:
Kurleman, Scott
Subject:
RE: kmart
suggest reducing to five thousand and let board decide
- - - -- Original Message---- -
From: Kurleman, Scott
Sent: Friday, November 12, 1999 8:11 AM
To: Stone, Ralph
Subject: RE: kmart
I personally would feel like that is too lenient.
- - - -- Original Message--- -
From: Stone, Ralph
Sent: Wednesday, November 10, 1999 5:16 PM
To: Kurleman, Scott
Subject: RE: kmart
what about $1000
- - - -- Original Message - - - --
From: Kurleman, Scott
Sent: Wednesday, November 10, 1999 4:30 PM
To: Stone, Ralph
Subject: RE: kmart
no, $250. $5000 would be ok with me.
- - - -- Original Message - - - --
From: Stone, Ralph
Sent: Wednesday, November 10, 1999 3:27 PM
To: Kurleman, Scott
Subject: RE: kmart
scott -was the fine 100 /day ?; if so what do you think about $5000 or 1000
- - - -- Original Message - - - --
From: Kurleman, Scott
Sent: Wednesday, November 10, 1999 3:20 PM
To: Stone, Ralph
Subject: RE: kmart
According to Leslie it depends on the make up of the current board. Past boards have taken both
sides. This board seems to be very fair. The board will look to me (us) for recommendations on the
fine reduction if any. This is the first time I have dealt with this amount of a fine. Our ultimate goal
is compliance; however I don't think we should set a precedent with this case and waive the fines
totally. Kmart was not cooperative wtih us for over six months. Kmart could have built an entire new
store in the amount of time it took them to comply with the approved landscape plan. Ultimately the
board has the final word. I think they will consider our requests though. This will be a first for all of
us.
- - -- Original Message - - - --
From: Stone, Ralph
Sent: Wednesday, November 10, 1999 1:55 PM
To: Kurleman, Scott
Subject: RE: kmart
what has been board policy when compliance has been reached after the fines run ?; 20k is a lot
- - - -- Original Message-- -
From: Kurleman, Scott
Sent: Friday, November 05, 1999 9:57 AM
To: Hardin, Cyndi
Cc: Stone, Ralph
Subject: RE: kmart
The project started on June 28, 1999. If the fine were imposed from the compliance date
until the start of the project vs. completion it would be approx 20K. Let me know what you
think. We have until the first of the year.
- - - -- Original Message - - - --
From:
Hardin, Cyndi
Sent:
Sunday, October 24, 1999 7:35 PM
To:
Kurleman, Scott
Cc:
Stone, Ralph
Subject:
RE: kmart
thanks Scott. Let's make sure that whatever we propose as staff does create a
disincentive for properies to comply.
- - - -- Original Message- -
From: Kurleman, Scott
Sent: Friday, October 22, 1999 8:52 AM
To: Hardin, Cyndi
Subject: kmart
have put a call into Corporate office to get some dates on the actual start of the
project. fines amount to approx $45,000.00. will get back to you when I have more
info.
thanks
Kurleman, Scott
From:
Stone, Ralph
Sent:
Wednesday, November 10, 1999 5:16 PM
To:
Kurleman, Scott
Subject:
RE: kmart
what about $1000
- - - -- Original Message - - - --
From: Kurleman, Scott
Sent: Wednesday, November 10, 1999 4:30 PM
To: Stone, Ralph
Subject: RE: kmart
no, $250. $5000 would be ok with me.
- - - -- Original Message---- -
From:
Stone, Ralph
Sent:
Wednesday, November 10, 1999 3:27 PM
To:
Kurleman, Scott
Subject:
RE: kmart
scott -was the fine 100 /day ?; if so what do you think about $5000 or 1000
- - - -- Original Message - - - --
From: Kurleman, Scott
Sent: Wednesday, November 10, 1999 3:20 PM
To: Stone, Ralph
Subject: RE: kmart
According to Leslie it depends on the make up of the current board. Past boards have taken both sides.
This board seems to be very fair. The board will look to me (us) for recommendations on the fine reduction if
any. This is the first time I have dealt with this amount of a fine. Our ultimate goal is compliance; however I
don't think we should set a precedent with this case and waive the fines totally. Kmart was not cooperative
wtih us for over six months. Kmart could have built an entire new store in the amount of time it took them to
comply with the approved landscape plan. Ultimately the board has the final word. I think they will consider
our requests though. This will be a first for all of us.
- - - -- Original Message - - - --
From: Stone, Ralph
Sent: Wednesday, November 10, 1999 1:55 PM
To: Kurleman, Scott
Subject: RE: kmart
what has been board policy when compliance has been reached after the fines run ?; 20k is a lot
- - - -- Original Message - - --
From:
Kurleman, Scott
Sent:
Friday, November 05, 1999 9:57 AM
To:
Hardin, Cyndi
Cc:
Stone, Ralph
Subject:
RE: kmart
The project started on June 28, 1999. If the fine were imposed from the compliance date until the
start of the project vs. completion it would be approx 20K. Let me know what you think. We have
until the first of the year.
- - - -- Original Message - --
From:
Hardin, Cyndi
Sent:
Sunday, October 24, 1999 7:35 PM
To:
Kurleman, Scott
Cc:
Stone, Ralph
Subject:
RE: kmart
thanks Scott. Let's make sure that whatever we propose as staff does create a disincentive for
properies to comply.
- - - -- Original Message-- -
From: Kudeman, Scott
Sent: Friday, October 22, 1999 8:52 AM
To: Hardin, Cyndi
Subject: kmart
have put a call into Corporate office to get some dates on the actual start of the project.
fines amount to approx $45,000.00. will get back to you when I have more info.
thanks
Kurleman, Scott
From:
Stone, Ralph
Sent:
Wednesday, November 10, 1999 3:27 PM
To:
Kurleman, Scott
Subject:
RE: kmart
scoff -was the fine 1001day?; if so what do you think about Woo or 1000
- - - -- Original Message - - - --
From:
Kurleman, Scott
Sent:
Wednesday, November 10, 1999 3:20 PM
To:
Stone, Ralph
Subject:
RE: kmart
According to Leslie it depends on the make up of the current board. Past boards have taken both sides. This board
seems to be very fair. The board will look to me (us) for recommendations on the fine reduction if any. This is the
first time I have dealt with this amount of a fine. Our ultimate goal is compliance; however I don't think we should
set a precedent with this case and waive the fines totally. Kmart was not cooperative wtih us for over six months.
Kmaff could have built an entire new store in the amount of time it took them to comply with the approved landscape
plan. Ultimately the board has the final word. I think they will consider our requests though. This will be a first for all
of us.
- - -- Original Message---- -
From:
Stone, Ralph
Sent:
Wednesday, November 10, 1999 1:55 PM
To:
Kurleman, Scott
Subject:
RE: kmart
what has been board policy when compliance has been reached after the fines run ?; 20k is a lot
- - - -- Original Message - - - --
From: Kurleman, Scott
Sent: Friday, November 05, 1999 9:57 AM
To: Hardin, Cyndi
Cc: Stone, Ralph
Subject: RE: kmart
The project started on June 28, 1999. If the fine were imposed from the compliance date until the start of the
project vs. completion it would be approx 20K. Let me know what you think. We have until the first of the
year.
- - - -- Original Message - - - --
From:,
Hardin, Cyndi
Sent:
Sunday, October 24, 1999 7:35 PM
To:
Kurleman, Scott
Cc:
Stone, Ralph
Subject:
RE: kmart
thanks Scott. Let's make sure that whatever we propose as staff does create a disincentive for properies
to comply.
- - - -- Original Message---- -
From: Kurleman, Scott
Sent: Friday, October 22, 1999 8:52 AM
To: Hardin, Cyndi
Subject: kmart
have put a call into Corporate office to get some dates on the actual start of the project. fines
amount to approx $45,000.00. will get back to you when I have more info.
thanks
Kurleman, Scott
From:
Stone, Ralph
Sent:
Wednesday, November 10, 1999 1:55 PM
To:
Kurleman, Scott
Subject:
RE: kmart
what has been board policy when compliance has been reached after the fines run ?; 20k is a lot
- - - -- Original Message - - - --
From:
Kurleman, Scott
Sent:
Friday, November 05, 1999 9:57 AM
To:
Hardin, Cyndi
Cc:
Stone, Ralph
Subject:
RE: kmart
The project started on June 28, 1999. If the fine were imposed from the compliance date until the start of the project
vs. completion it would be approx 20K. Let me know what you think. We have until the first of the year.
- - -- • Original Message---- -
From: Hardin, Cyndi
Sent: Sunday, October 24, 1999 7:35 PM
To: Kurleman, Scott
Cc: Stone, Ralph
Subject: RE: kmart
thanks Scott. Let's make sure that whatever we propose as staff does create a disincentive for properies to
comply.
- - - -- Original Message- -
From: Kurleman, Scott
Sent: Friday, October 22, 1999 8:52 AM
To. Hardin, Cyndi
Subject: kmart
have put a call into Corporate office to get some dates on the actual start of the project. fines amount to
approx $45,000.00. will get back to you when I have more info.
thanks
Kurleman, Scott
From:
Hardin, Cyndi
Sent:
Sunday, October 24, 1999 7:35 PM
To:
Kurleman, Scott
Cc:
Stone, Ralph
Subject:
RE: kmart
thanks Scott. Let's make sure that whatever we propose as staff does create a disincentive for properies to comply.
- - - -- Original Message---- -
From: Kurleman, Scott
Sent: Friday, October 22, 1999 8:52 AM
To: Hardin, Cyndi
Subject: kmart
have put a call into Corporate office to get some dates on the actual start of the project. fines amount to approx
$45,000.00. will get back to you when I have more info.
thanks
Kurleman, Scott
From: Parry, Mark
Sent: Friday, August 27, 1999 2:25 PM
To: Kurleman, Scott
Subject: K -Mart
Scott,
✓,
I just spoke with Ken at One Source (formerly ISS). He's having problems finding Live Oaks at 4" cal. He's not done
looking yet but I told him that if the animal doesn't exist that 3" - 3.5" would be fine as long as it was ok with Jan.
Mark
Kurleman, Scott
From:
Sent:
To:
Cc:
Subject:
john fyi; scott -nice job!
Stone, Ralph
Friday, July 02, 1999 3:20 PM
Asmar, John
Kurleman, Scott
FW: kmart- call from Rita Garvey
From: Kurleman, Scott
Sent: Friday, July 02, 1999 10:04 AM
To: Brink, Carolyn
Cc: Hall, Bob; Garriott, Kevin; Kronschnabl, Jeff; Stone, Ralph; Hardin, Cyndi; Gerli, Antonia
Subject: kmart- call from Rita Garvey
Trees were permitted to be removed at K mart as part of Planning Departments "Landscape Reinspection" program.
Prior to the Planning Dept doing landscape reinspections, Public Works was inspecting per code. In other words if 10
trees were required by code and there were 17installed, and 7 were declining it was passed by Public Works as long as
there were 10 trees present. Planning is inspecting "per plan ". If the plan shows 17 approved trees then there will be 17
healthy, thriving trees before the site is considered in compliance. The landscape at the K mart site was in serious
decline. The majority of the trees were considered "co- dominant" which can cause the trees to fail later. While some of
the trees looked Ok to the average person, they had terrible structure. In addition the structure of the trees, they were
planted in very small islands. The root systems were destroying the curbs and asphalt. Through Planning Depts
" Reinspection Program" K mart is removing asphalt, enlarging islands, installing a new irrigation system,and planting
over 140 new Florida Grade #1 trees and over 3500 new shrubs. This is why K mart was permitted to remove all the
declining trees and shrubs. I am confident the new landscape will be a significant improvement for Gulf To Bay.
Kurleman, Scott
From: Dougall- Sides, Leslie
Sent: Friday, July 02, 1999 1:12 PM
To: Kurleman, Scott
Subject: RE: k mart
1. Yes, you should keep an eye on the July and August agendas. They do ask what is staffs position.
2. Will get back to you...
From: Kurleman, Scott
Sent: Friday, July 02, 1999 10:18 AM
To: Dougall- Sides, Leslie
Subject: RE: k mart
1. Will the board ask me for my opinion about reducing K mart's fine?
2. The repealed section was 52.04(1) Civil Remedy. Can I use sec 3 -1205 D(1) for illegal removal? Section 4
Division 12 does not have any provision for illegal removal. This ? is reference to the 4 Notices to Appear involving
Enterprise Tree Service. They will not follow code and get permits for trees. They have been cited numerous times.
From: Dougall- Sides, Leslie
Sent: Friday, July 02, 1999 9:55 AM
To: Kurleman, Scott
Subject: RE: k mart
Mr. Gaines states that landscape work has begun and he expects compliance by Aug. 15. He plans to file a
request to the Board to reduce fines to be heard in August.
If you can describe which repealed section you are referencing I can probably answer the other question by
email.
From: Kurleman, Scott
Sent: Friday, July 02, 1999 8:42 AM
To: Dougall- Sides, Leslie
Subject: k mart
can you bring me up to speed on the situation with k mart? I know you received a call from the attorney for k
mart.
also can I set up a time to talk with you about another code section to cite for the civil remedy clause which
has been repealed?
thanks
Kurleman, Scott
From: Garriott, Kevin
Sent: Friday, July 02, 1999 10:13 AM
To: Kurleman, Scott
Subject: RE: kmart- call from Rita Garvey
Thanks
From: Kurleman, Scott
Sent: Friday, July 02, 1999 10:04 AM
To: Brink, Carolyn
Cc: Hall, Bob; Garriott, Kevin; Kronschnabl, Jeff; Stone, Ralph; Hardin, Cyndi; Gerli, Antonia
Subject: kmart- call from Rita Garvey
Trees were permitted to be removed at K mart as part of Planning Departments "Landscape Reinspection" program.
Prior to the Planning Dept doing landscape reinspections, Public Works was inspecting per code. In other words if 10
trees were required by code and there were 17installed, and 7 were declining it was passed by Public Works as long
as there were 10 trees present. Planning is inspecting "per plan ". If the plan shows 17 approved trees then there
will be 17 healthy, thriving trees before the site is considered in compliance. The landscape at the K mart site was in
Serious decline. The majority of the trees were considered "co- dominant" which can cause the trees to fail later.
While some of the trees looked Ok to the average person, they had terrible structure. In addition the structure of the
trees, they were planted in very small islands. The root systems were destroying the curbs and asphalt. Through
Planning Depts " Reinspection Program" K mart is removing asphalt, enlarging islands,installing a new irrigation
system,and planting over 140 new Florida Grade #1 trees and over 3500 new shrubs. This is why K mart was
permitted to remove all the declining trees and shrubs. I am confident the new landscape will be a significant
improvement for Gulf To Bay.
Kurleman, Scott
From: Brink, Carolyn
Sent: Friday, July 02, 1999 10:06 AM
To: Kurleman, Scott
Subject: RE: kmart- call from Rita Garvey
Thanks very MUCH for your explanation. cb
- - - -- Original Message - - - --
From: Kurleman, Scott
Sent: Friday, July 02,1999 10:05 AM
To: Brink, Carolyn
Cc: Hall, Bob; Garriott, Kevin; Kronschnabl, Jeff; Stone, Ralph; Hardin, Cyndi; Gerli, Antonia
Subject: kmart- call from Rita Garvey
Trees were permitted to be removed at K mart as part of Planning Departments "Landscape Reinspection" program.
Prior to the Planning Dept doing landscape reinspections, Public Works was inspecting per code. In other words if 10
trees were required by code and there were 17installed, and 7 were declining it was passed by Public Works as long
as there were 10 trees present. Planning is inspecting "per plan ". If the plan shows 17 approved trees then there
will be 17 healthy, thriving trees before the site is considered in compliance. The landscape at the K mart site was in
serious decline. The majority of the trees were considered "co- dominant" which can cause the trees to fail later.
While some of the trees looked Ok to the average person, they had terrible structure. In addition the structure of the
trees, they were planted in very small islands. The root systems were destroying the curbs and asphalt. Through
Planning Depts "Reinspection Program" K mart is removing asphalt, enlarging islands, installing a new irrigation
system,and planting over 140 new Florida Grade #1 trees and over 3500 new shrubs. This is why K mart was
permitted to remove all the declining trees and shrubs. I am confident the new landscape will be a significant
improvement for Gulf To Bay.
Kurleman, Scott
From: Dougall- Sides, Leslie
Sent: Friday, July 02, 1999 9:55 AM
To: Kurleman, Scott
Subject: RE: k mart
Mr. Gaines states that landscape work has begun and he expects compliance by Aug. 15. He plans to file a request to
the Board to reduce fines to be heard in August.
If you can describe which repealed section you are referencing I can probably answer the other question by email.
From: Kurleman, Scott
Sent: Friday, July 02, 1999 8:42 AM
To: Dougall- Sides, Leslie
Subject: k mart
can you bring me up to speed on the situation with k mart? I know you received a call from the attorney for k mart.
also can I set up a time to talk with you about another code section to cite for the civil remedy clause which has been
repealed?
thanks
Kurleman, Scott
From: Thomas, Sally
Sent: Monday, March 01, 1999 1:47 PM
To: Kurleman, Scott
Subject: 06 -99 Clwr Prop / Kmart
Scott - to save you emailing Sue Diana - here is info:
Calvin Bell
Clwr Prop Group
127 Quayside Dr., Jupiter, FL 33477
Tel. # 561- 746 -9550
Please ask him (for me) what address & name we should be mailing information to ??
Tell him the address (violation: Sec. 13- 29 -15, M &B 14.03) in the property appraiser's computer shows:
Clwr Prop Group c/o Kmart 3476
Attn: Devon Tax Group LLC
1777 NE Loop 410, Ste 1250
San Antonio, TX 78217
Before knowing the above - we had used the 9450 Koger Blvd, St. Pete address which the whole envelope came back
returned.
we also mailed the "continued to 2/24" letter to an address in Troy, MI; Plantation, FL; Stone Mountain, GA; & Blowing
Rock, NC
We would like to not have to mail to all these addresses if possible. We have not mailed to Jupiter, FL yet either
Kurleman, Scott
From:
Jan B. Stern [Stern.Design.Group c@Dworldnef.att.net]
Sent:
Monday, November 09, 1998 8:05 AM
To:
skurlema @public .lib.ci.clearwater.fl.us
Subject:
K -MART
Scott -
,Just wanted to keepyou updated as far as progress.
I'll be doing a Conceptual Drawing next week for the above project.
I will then send a copy to Kmart International in Michigan for their
approval. At that time, I will send you a copy. I would then appreciate
your time in checking to make sure that I have met your City requirements
that we spoke about. In addition, would you mind checking for all curbing
and /or new plantings which may be required.
Thannk you again for your assistance.
Sincerely,
Jann B. Stern, ASLA
Principal
Stern Design Group, PA
Kurleman, Scott
From:
Jan B. Stern [Stern.Design.Group cDworldnet.att.net]
Sent:
Friday, November 20, 1998 1:08 PM
To:
skurlema@public.lib.ci.clearwater.fl.us
Subject:
KMART
Hi Scott -
Just wanted to keep you in touch and to ask a favor.
It looks like KMART will go with our conceptual to increase parking island
sizes. We have shown the existing to be widen. However, due to Handicapp
and required parking by KMART, I may need to shift the location of some
islands. Consequently, I need a surveyor to do a horizontal survey. Could
you give me the names of three (3) firms which you would recommmmend for
this type of project. In addition, could you send or FAX me a copy of your
parking regulations (Dimension, Type, Quantity, Etc.) which will be
relevent to this project.
Thank you very much for your assistance. If I can get a survey done
quickly, I hope to have something to you by the middle of December.
If you have any questions, please feel free to contact me.
Sinceeerely,
Jan B. Stern, ASLA
Principal, The Stern Design Group, PA
DEPARTMENT OF THE
CITY CLERK
Certified Mail
March 31, 2000
CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
CITY HALL, 112 SOUTH OSCEOLA AvF,,'uF, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4090 FAx (727) 562-4086
Michael W. Gaines, Esquire
Gaines & Helinger
209 Turner Street
Clearwater, FL 33756
Re: Municipal Code Enforcement Board Case No. 06-99
K-Mart / 2130 Gulf to Bay Blvd., Clearwater, FL
Dear Mr. Gaines:
Enclosed please find the Municipal Code Enforcement Board Order issued at
their meeting of March 22, 2000 reducing the lien on the above-referenced property
in the amount of $46,500 to $6,975 if paid within 30 days (by April 21, 2000).
Please make the check payable to the City of Clearwater and send to the
City Clerk Department, City of Clearwater, P.O. Box 4748, Clearwater, FL 33758.
If you have any questions, please call me at 727-562-4096.
MKD/st
Enclosure
cc: Scott Kurleman, code inspector
Very truly yours,
Mary . "Sue" Diana.
Boar d-Seeretary-
SIN
APR t
DEVELOPMENT
SERVICES
C1N
ONE.CITY. ONE FUTURE. -
BFj-kNj. AL:.\GST, INi-WOR-COMMISSIONER
ED HOOPER, VICE "LAYOR-COMMISSIONFR BOB CLARK. CC)NINiISSIC%FR
ED HART, COMMISSIONER j.13joji.Nso.,\, COMMISSIONER
"ErwAl. Fmi)i.m-wV1_ ANn AT--i-'ii,,.v vi-ivT-- Arrr)�: Fmi')
:* MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
CASE NO. "06 -99
CITY OF CLEARWATER )
Petitioner, )
V. )
Clearwater Prop. Group c/o Kmart Tax #3476 ► 2130 Gulf to Bay Blvd.
9450 Koger Blvd. N., Suite 100 ) Sec. 13- 29 -15, M &B 14.03
St. Petersburg, FL 33702
Respondent, )
The Municipal Code Enforcement Board has considered the Respondent's request for
reconsideration of fine at a hearing held on March 22, 2000, and based upon the evidence
presented, enters the following Findings of Fact, Conclusions of Law, and Order.
After considering the request for reduction of fine filed by the Respondent and considering
the Affidavit of Compliance issued on November 23, 1999, it is evident that a reduction in fine is
appropriate in the above referenced case.
It is the Order of this Board that the fine previously imposed in the Order of the Board
dated May 26, 1999, as recorded in O.R. Book 10541, Pages 124 -127, and amended as
recorded in O.R. Book 10758, Pages 1574 -1575, of the public records of Pinellas County,
Florida, is hereby reduced from forty -six thousand, five hundred and no /100 dollars ($46,500.00)
to six thousand, nine hundred seventy -five and no /100 dollars ($6,975.00) payable to the
Petitioner within thirty days from the date of today's hearing. If the reduced fine is not paid
within the time specified in this Order, a lien in the original amount of $46,500.00 shall be
recorded in the public records of Pinellas County, Florida.
DONE AND ORDERED on March 22, 2000, at Clearwater, Pinellas County, Florida.
Attest: MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
Mary K Di na
Secretary
Helen Kerwin
Chair
Sent by certified mail, with return receipt to Respondent this _14ay of March, 2000.
Mary K i a, Secretary to the Board
PLEASE RETURN TO:
CITY OF CLEARWATER
CITY CLERK DEPARTMENT
P.O. BOX 4748
CLEARWATER, FL 33758 -4748
Reduction Order Rev. 7/14/97
DEPARTMENT OF THE
CITY CLERK
February 29, 2000
Michael W. Gaines, Esquire
Gaines & Helinger
209 Turner Street
Clearwater, FL 33756
CITY OF CLE'ARWATER
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748
CITY HALL, 112 SOUTH OSCEOIA AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562 -4090 FAx (727) 562 -4086
Re: Municipal Code Enforcement Board Case No. 06 -99
K -Mart / 2130 Gulf to Bay Blvd., Clearwater, FL
Dear Mr. Gaines:
The Municipal Code Enforcement Board, at its meeting of February 23, 2000,
continued your request to address the board regarding a reduction of fine in the above
referenced case to their next meeting.
Your request has been scheduled for the meeting of March 22, 2000 at 3:00 p.m. in
City Commission Chambers, third floor of City Hall, 112 South Osceola Avenue,
Clearwater, Florida.
If you have any questions, please do not hesitate to contact me.
Vd,.f ,tru -y yours,
Ma K. Sue" Diana, Secretary
M al t ®de�Enforcement Board
cc: Leslie Dougall- Sides, Assistant Citr Attorney:.:i
Scott Kurleman, Code Inspector:
K,
ONE CITY. ONE FUTURE.
BRU1\ J. AuNGST, NtkYOR•COMNIISSIO \ER
ED HOOPER, VICE NIAYOR- CO>IVISSIOKER BOB Q-- RK. COMMISSIONER
ED HART, COMMISSIONER _ .�, J.B. JOH�50N, CONIMISSIO \ER
"EQC;V_ EMPLOYMENT AND AFFIRMATIVE ACTION EMPLO1 tR
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DEPARTMENT OF THE
CITY CLERK
February 4, 2000
Michael W. Gaines;,;Esquire,
Gaines & Helinger
209 Turner Street 4`
Clearwater, FL 33756
C ITY -O F C LEA RWAT
ER
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748
CITY HALL, 112 SOUTH CISCEOLA AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562 -4090 FAx (727) 562 -4086
Re: Municipal Code Enforcement Board Case No. 06 -99
K -Mart / 2130 Gulf to Bay Blvd., Clearwater, FL
Dear Mr. Gaines:
The Municipal Code Enforcement Board, at its meeting of January 26, 2000,
approved your request to address the board regarding a reduction of fine in the above
referenced case.
Your request has been scheduled for the meeting of February 23, 2000 at 3:00 p.m.
in City Commission Chambers, third floor of City Hall, 112 South Osceola Avenue,
Clearwater, Florida.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
Mary K. 'Sue" Diana, Secretary
Municipal Code Enforcement Board
cc: Leslie Dougall- Sides, Assistant City Attorney
Scott Kurleman, Code Inspector
ONE CITY. ONE FUTURE.
BRLAN J. Aq� GST„ MAYOR-COMMISSIONER
ED HOOPER, VICE MAYOR- COSIMISSIONER BOB CLARK, COMMISSIONER HART, COMNftSS]ONER ® J.B. JOHNSON, JR., COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER
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Phone # :
Reason for inspection:
Result of inspection:
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■Complete items 1 and/or 2 for additional services. I also wish to receive the
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■ Print your name and address on the reverse of this form so that we can return this Xt f
card to you.
■Attach this form to the front of the mailpiece, or on the back if space
permit. .
■Write "Return Receipt Requested' on the mailpiece below the article
■The Return Receipt will show to whom the article was delivered and
delivered.
3. Article Addressed to:
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1. If you want this receipt postmarked, stick the gummed stub to the right of the return
address leaving the receipt attached, and present the article at a post office service
window or hand it to your rural carrier (no extra charge).
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2. If you do not want this receipt postmarked, stick the gummed stub to the right of the
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PUBLIC WORKS
ADMINISTRATION
April 27, 1998
CITY OF C LEARWATE R
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748
TELEPHONE (813) 562 -4750 FAx (813) 562 -4755
NOTICE OF NON-COMPLIANCE
The City of Clearwater Public Works Administration, Urban Forestry Division has completed its inspection
at your site. The site is in non - compliance with the landscape ordinance and landscape plan submitted by
Kmart and approved by our office on 04123192. If you have any questions regarding this report, please
call Scott Kurleman at 813 - 562.4746.
SITE: Kmart #3746
SITE ADDRESS: 2130 Gulf To Bay Blvd.
OWNER REP:
INSPECTION DATE: 04124198
CODES VIOLATED: 42.27 5 (h), 6 (a) (b), 7(a), & 8 (a) (d).
REQUIREMENTS: Install or repair irrigation system as to preserve the required landscaping in a healthy
growing condition. Cover all exposed landscape areas with mulch or other suitable material which
permits percolation. Remove all dead, declining, or diseased plant material and replace with (20) shade
trees (min 8ft. 1 '/z inch caliper), (1254) shrubs (min. 18 inches in height ) Florida grade #1 minimum.
The replacement trees and shrubs will be installed per the approved plan locations. Better species
selection should be considered when installing new plant material. Landscaping shall be maintained in a
healthy growing condition so as to present a neat and orderly appearance and kept free of refuse and
debris. Trees which have been topped will have to be removed and will not count toward the landscape
requirement.
COMPLIANCE DATE: 06103198
To insure compliance, a reinspection of the site will be conducted after the above compliance date.
Failure to correct the requirements by the compliance date will result in the issuance-of a "NOTICE OF
VIOLATION ".
"Eo,M. EMPLOYMENT AND AFFIRAATIVE ACTION EMPLOYER
Sep 21 98 10:47a Dave Peckham Sprinklers 787- 584 -8374 p.l
Dave Fzeckharn Lawn Sprinklers
(727) 584-8372
'Service is the mainline of ow Du"tw
Kmart. Phone 799 -7066
2130 GWf To Bay Blvd, Fax 799 -7565
Clearwater,FL 3462S
Attn: Carl Sherman
On Ang.12,1998 you contacted us to give you a estimate on the irrigation
and landma - ping for the K-Mart an Gulf To Bay doe to a non -comp anee
notice from the City of Ocarwater.
In referance to tine estimate the job was to be complete by Oct.15,1998,
per the letter from the City of Oearwater.
IT you are to choose us to do the Landscaping and Irrigation we will need
at least 30 days to complete the job to professional standards.
Price is subject to change. Please contact us when you have made a
decision.
Sincerely,
Dave Peckham
O$Al'
Carl Sherman Kmart Store #3140
Senior Facility Manager 26996 US Highway 19 North
Orlando Asset Mgt. Office . Clearwater, FL 34621
Phone: (813) 799 -7066
Fax: (813) 799 -7565
URBAN FORESTRY
LANDSCAPE REINSPECTION CONTACT SHEET
SITE:
Date Contact Phone # Remarks
/0 • fo k i� M oe,¢� 11 .� .• �+-ec,,.i C A
- C-G' ti PD--U bZbraj(,p3 - -%4� (i • i(e X15
KMART
4.21.98 sent courtesy letter
4.27.98 made inspection and sent certified notice of non compliance. Green
card returned
6.3.98 sent certified notice of violation. Green card returned
7.6.98 sent another certified notice of violation at request of Legal dept to
another address. No green card
7.21.98 posted property with notice of violation and affidavit of service.
7.28.98 Jeff Nissan (landscape contractor) called to set up site meeting.
8.3.98 Carl Sherman (senior facility manager,kmart) set up meeting for 8.17.98
8.17.98 met Carl Sherman on site, explained requirements to bring site up to
compliance, he asked for 2 months to accomplish this.
8.17.98 issued another notice of violation giving 2 month extension with a
compliance date of 10.15.98.
8.24.98 met with landscape contractor and explained requirements to bring site
into compliance. Landscaper stated he needed at least 30 days to complete
job.
9.16.98 met with Carl Sherman and Todd Pressman and explained requirements
again.
ar
10.98 met with Carl Sherman Jan Stern (landscape architect) to explain
requirements again.
11.1.98 requested MCEB hearing.
MCEB hearing set for 1.27.99
1.26.99 received set of plans from Kmart for our review.
1.27.99 MCEB hearing continued as green card was not returned.
VTEW
DEPARTMENT OF THE
CITY CLERK
December 17, 1999
CITY OF CLEARWATER
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748
CITY HAIL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562 -4090 FAx (727) 562 -4086
Michael W. Gaines, Esquire
Gaines & Helinger
209 Turner Street
Clearwater, FL 33756
'HY1�
i i !
DEC 17 1999 �
PLANNING & DEVELOPMENT
SERVICES
CITY OF CLEARWATER
Re: Municipal Code Enforcement Board Case No. 06 -99
K- Mart /2130 Gulf to Bay Blvd., Clearwater, FL
Dear Mr. Gaines:
At the Municipal Code Enforcement Board meeting on December 8, 1999,
the Board accepted an Affidavit of Compliance submitted by Code Inspector Scott
Kurleman. Attached is a copy. y
Although compliance has now been reached in the above referenced matter,
there is an accrued fine of $46,500.00 due the City of Clearwater as a result of 186
days of non - compliance.
Please make your check payable to the City of Clearwater and send to the
City Clerk Department, P.O. Box 4748, Clearwater, FL 33758.
If you have any questions, please call 727 - 562 -4096.
Very truly yours,
Mary . "Sue" Diana
Board Secretary
M KD /st
Attachment
cc:/ -Scott Kurlem-an; inspector
NE ITY. NE UTURE.
BRLAN J. AUNGST, MAYOR - COMMISSIONER
ED HOOPER, VICE KAYOR- COMMISSIONER BOB CLARK, COMMISSIONER
ED HART, COMMISSIONER ® J.B. JOHNSON, JR., COMMISSIONER
r
DEPARTMENT OF THE
CITY CLERK
January 7, 2000
Michael W. Gaines, Esquire
Gaines & Helinger
209 Turner Street
Clearwater, FL 33756
CITY OF CLEARWATER
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748
CITY HAIL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756
TELEP, l
X77 52 90- x 2 486 E F �0
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JAN 0 LUUU �b
PLANNING & DEVELOPMENT
SERVICES
CITY OF CLEARWATER
Re: Municipal Code Enforcement Board Case No. 06 -99
K -Mart / 2130 Gulf to Bay Blvd., Clearwater, FL
Dear Mr. Gaines:
I am in receipt of your letter dated December 21, 1999, regarding the above -
referenced matter. Your previous request to address the Municipal Code Enforcement
Board regarding a reduction of fine has been scheduled for January 26, 2000. At this
meeting you will not be given an opportunity to address the board. If the Board agrees to
hear your request, I will schedule it for their next meeting. You will be notified of the
Board's decision after the January .26, 2000 meeting.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
Mary K. Diana, Secretary
Municipal Code Enforcement Board
cc: Leslie Dougall- Sides, Assistant City Attorney
CS-cott- Kurlerrian, Code in�ecto`r
ONE CITY. ONE Flit[ RE.
BRIAN J. AUNGST, MAYOR - COMMISSIONER
ED HOOPER, VICE MAYOR-COMMISSIONER BOB CLARK, COMMISSIONER
ED HART, CO:d`.!ISSIONF.R ® J.B. JOHNSON, JR., COMMISSIONER
11 EQUAI. EMPLOY ?IENT AND AFFIR \LITIVE ACTION EMPLOYER
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MUNICIPAL CODE ENFORCEMENT BOARD OF THE CITY OF CLEARWATER, FLORIDA
AFFIDAVIT OF COMPLIANCE
November 23, 1999
City of Clearwater, Florida
Petitioner
vs.
Clearwater Prop. Group c/o Kmart tax #3476
9450 Koger Blvd. N., Suite 100
St. Petersburg, FL 33702
Respondent
Case #: 06 -99
2130 Gulf To Bay Blvd.
Sec. 13- 29 -15, M &B 14.03
I, A. SCOTT KURLEMAN, have personally examined the property described in the
Municipal Code Enforcement Board Order dated February 24, 1999 in the above
mentioned case, and find that said property is now in compliance with Chapter(s)
42.27, 5(h), 6(a), & (b), 7(a), and 8(a), & (d) of the City of Clearwater Code of
Ordinances, as of October 14, 1999.
AF IANT
STATE OF FLORIDA
COUNTY OF PINELLAS
PERSONALLY APPEARED before me, the undersigned authority, A. SCOTT KURLEMAN,
and acknowledged that he /she did execute the foregoing Affidavit.
ORN AND SUBSCRIBED before me on this day, November 23, 1999.
ublic, Commission Number _
(signature) wrm C0MM ON # CC 840878
EXPIRES MAY 27, 20003
WTMOK
eoHOw THROUGH
ADVANTAGE NOTARY
Name of Notary tvve , r,7 , stampe
MUNICIPAL CODE ENFORCEMENT BOARD OF THE CITY OF CLEARWATER, FLORIDA
AFFIDAVIT OF NON - COMPLIANCE
May 26,1999
City of Clearwater, Florida.
Petitioner
vs.
Clearwater Prop. Group Go Kmart Tax #3476
9450 Koger Blvd. N., Suite 100
St. Petersburg, FL 33702
Respondent
Case #; 06 -99
2130 Gulf To Bay Blvd.
Sec. 13- 29 -15, MB 14.03
I, A. SCOTT KURLEMAN, have personally examined the property described in the
Municipal Code Enforcement Board Order dated February 24, 1999 in the above
mentioned case, and find that said property is NOT in compliance with Chapter(s)
42.27, 5(h),6 (a), & (b), 7(a),and 8 (a) & (d) of the Code of the City of Clearwater,
Florida. as of May 26, 1999.
AFFIANT
STATE OF FLORIDA
COUNTY OF PINELLAS
PERSONALLY APPEARED before me, the undersigned authority, A. SCOTT KURLEMAN,
and acknowledged that he did execute the foregoing Affidavit.
SWORN AND SUBSCRIBED before me on this day, May 26, 1999.
(rotary Public, Commission Number
(signature)
Name of Notary (typed, printed, stamped)
F to BARBARA RGAN80 P�_' P_ P 1:.9 1, V .P�! a'-j
ARY o My Comm Up. 11/11/2000
� P. o CC 600037
W-4 K,. iiw,,,im MAy 26 1999
iTY CLERK DEPT.
@ZEV COVEN 9046772505 01/28 '99 11005 NO.425 01/02
..�
i'yy'HE STERN DESIGN GROUP, P.A.
0 ,44on Trael
vrmonae Lftactl, 4'lurkla
Telepbest (9114) 6774486
FAX (904) 677 -2505
E-MAIL Sts; rn- Dimigit.GruupCM)wuriduttaott,net
January 28,1999
Mr. Mark T. PAm
Planner
Municipal Services Building
100 Se etth Myrtle Avenue
Clearwater, Florida 33756
Re: Kmart Store
2130 GulfTo Bay Boulevard
Clewwater, Florida
Doan Mark:
TFtank reiu rue die. opportanity to 4139UOD the above referenced project Witt+ ynll yr:atPrdlly. Cinc�.thiQ
pivjoci is the subject of Violations from The City, l ain trying to keep moving forward with the process.
I tutvey a nnv wunan..9b _hivh 1 •.c.ulal Glae 'yo" to s.onolJv.- M10 ra..14. —ij 11.:.
1. 'Phis is No a new project! The infrastructure is and has been in place for many years. I lle existing
water, sewer. utilities, parking and drive surfaces have been in place for at least ten (10) or more years.
The pMiW site is beinf sited for violating Q= the landscape issues. To help aeautity the site turd
your City.1 am incrming the size or parking islands to help preserve the betterment of the Landscape
Material. in addition, as a result orKmart wis1t111g tip put pup a 1scw sign, 1•am incrcaaingthe quantity of
pvwn s pace by aroating new and wider parking islands where possible and redesigning the Roulevwd
appcuranw. rs%mw r.....e...1..a., it•., p.__t w . --a a. 1--. ..» , . ».« .y o _1e-.,, ..11 -&. ttu.tl t lr..•.aartn►_- ---.... . .
t100 is w. �Xkagsng, iv�alatns bat. -rho aypts.44, 14, �..1.�1.n..... -. ,...J aloe
,.Iti: ♦,.•r t1.e.t. :. ®.":..g 1n !,a s,...w an lnrKaagQf:. �,mpa.- t-. ". :I rnua/ .a r[mnvM
1 nestis no[ only %tMe
11141, tAIMIY. Muhl a 9ICIVi116
nightmare for the Slore's cusiomcm dui hig vvunkauk tkx1.
,4. he"Is in.
place, espoclally site lighting. Arty e>il:inges ld L16 parKing MY~ wilt 4.x49a1211y 111441!,9 nJJY 14cw 10mki.yg
layout. 'rhe parking layout hen v~ked and continues to work. iternember. This Is no ktnUcr sus imrmF
t)ut, areal. e:X"Kf"@t 49r,o ¢rOtWO1. 9 c,r..'. J....9 v1. a J -se_-• -. :!._ ♦a_.... . _ _.. _ ___ t._ __ ...._ 1L 14,
3. The existing parking count has already been rcducedd by almost teal- poment (10°79). When a Kmart or
any other Store selects a site, one of its' basis is dw quantity of parking availablc for their customers. 1
realize that The City is now asking NM projects for no more than teat (10) spaces without a parking
island. However, with the additional green spact which i have created and the amount of parking stalls
which 1 have lost, i would greatly appreciate if the longer stretches of parking rows could be left as is.
The current Count is already less than what Kmart already expects for its stores.
4. 11wa L.usulacape pions were done at a scale of "4S0' -,t)/1 off the original drwvings given to us as a bw,
1 meal to have the drawing enlarged to 1 "- 40' -0 ", However, the line -work also thickens and it does not
keep an awurato static. Cvl4w4uetrtly, 1 have to keep the wt+rn ittasl at I'SO' 0 ". The drawing& meet all
D RECE �WE
JAN 1999 �13
PLANNING & DEVELOPMENT
SERVICES
CiTY OF CLEARWATER
@ZEV COHEN 9046772505 01/28 '99 11:06 N0.425 02102
s; roquisremwtts for a submittal to the City. The parking '%6nd% were enlargod qo it makes reading easier.
This scale has been used successfully in many other projects througlivut the Statc, so t know it does wont,
and can be mad by The Contwtor.
S. Unfortunately. e1& praioot hac b94M causht in a "Cata1`07 " T110' tity'x new Code has Just Bona into
effect. The LAnds+cape Plantings have been shown wills the new largor :sizod standards. A new irrigation
syston will be desipW end instilled as soon as the layout Submittcd is approved. I will hake the sod
away from the isloMr. and add plant material. The disability parking has been brought -alp to new State
and City Stoulards, The Landscape area akrng Oulfto Bay has bccn ra:dcsignod with Wier "design. I
would appmeiate if this SubMittal could be revicwcd vn the 010er COG wl rivycr possibie,
ne dvky in %cuing udxso drarA angs, to you was so d►az we vuuld INAVC llama (,cat pmojc: t for Tlwa City- it
didn't make senw to jus go back and rip out cxWw% trees and shrubs and just replace than with store
material. 1 am trying to redo this project properly and correctly, However, it, has taken Some tWe to
rovtow costs unit odwr Size Minors, mark, i would rj ily aIi►tireciate if you would help mo make thole
dcsign criteria known to those who arc doing the review.
Timuik yQU again fbr your help and tta66Uu co. If t "M ivasvrcr any further questions plemm fee) tree to
call roe, Looking forwW to hearing from you soom
t ly,
r. Jot R. Stern, ASL.A
Princi I
cc: Dennis Jaetard
FILE
i
VE�GPMEN� 'I
NN1NG & DE
PIA SERVICES DER i
CtN O� C�EARW A
All,.q1,
DEPARTMENT OF THE
CITY CLERK
July 20, 1999
CITY OF CLEARWATER
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748
CITY HALL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562 -4090 FAx (727) 562 -4086
Michael W. Gaines, Esquire
Gaines & Helinger
209 Turner Street
Clearwater, FL 33756
Re: Municipal Code Enforcement Board Case No. 06 -99
K- Mart /2130 Gulf to Bay Blvd., Clearwater, FL
Dear Mr. Gaines:
I am in receipt of your letter dated July 1, 1999, indicating your office has been
retained to represent K -Mart Corporation in the above - referenced case. No petition for the
reduction of a fine will be considered prior to the board's acceptance of an Affidavit of
Compliance.
After a fine has been imposed by the Board and after the violation is brought into
compliance, a violator may petition for reconsideration of a fine. The petition must be in
writing signed by the violator and include a copy of the Affidavit of compliance executed
by the code inspector. The petition must include conclusive evidence showing extreme or
undue hardship in the payment of the fine or preventing the violator to come into
compliance within the time period established by the Board's order.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
Mary . Diana, Secretary
Municipal Code Enforcement Board
cc: Leslie Dougall- Sides, Assistant City Attorney
Cott Kurleman, Code_Inspectorr->
ONE CITY. ONE FUTURE.
BRIAN J. AUNGST, MAYOR - COMMISSIONER
ED HOOPER, VICE MAYOR - COMMISSIONER r< BOB CLARK, COMMISSIONER
ED HART, COMMISSIONER ® J.B. JOHNSON, JR., COMMISSIONER
>'
MICHAEL W. GAINES*
JAMES A HELINGER, JR.
0BQAM CERTIFIED CIVIL TRIAL IAVATA
Law Offices of
GAINES & HELINGER
209 TURNER STREET
CLEARWATER, FLORIDA 33756
Mary K. Diana, Secretary
Municipal Code Enforcement Board
City of Clearwater
P.O. Box 4748
Clearwater, FL 337584748
RE: Case No.: 06 -99
K -Mart / 2130 Gulf to Bay Blvd.
Dear Ms. Diana:
July 1, 1999
- i4
TELEPHONE (727) 446 -2889
FAX (727) 443 -7794
This office has the pleasure of representing K -Mart Corporation in connection with the above -
referenced code enforcement case. In that capacity, I am requesting the opportunity to be heard at
the next scheduled Board meeting to request a waiver of any fines accrued to date or anticipated to
be accrued.
K -Mart has already begun work to rectify the problem and is expending significant funds in an
effort to comply with the City's directive. These efforts include the demolition and removal of a
portion of the existing parking lot and loss of existing parking spaces in order to create a substantial
and much improved landscape area which will be a credit both to K -Mart and to the City. of
Clearwater. The nature and extent of the work being performed is such that completion is not
expected until mid - August. As such, we believe that a waiver of any fines is appropriate and ask
that we be allowed to present this request to the Board. �=
Thank you very much for your time and attention to this matter.
inform_ ation, please do not hesitate to contact me.
Sincere]
MWG /gj- . y
` cc: ,Jim Saviano, Facility Mgmt.'''�
Carl Sherman'
Joe Burnett, Project Mgr.
Leslie Dougall- Sides, Esq.
Michael
If you need any additional
• • -�/ J msµ` ..
� ;• . . � "`'• , ;. ,, \� y--�- a �^ ,i• -.
JUL 0 6 1999
CF —1 Y Gl`1=� K DEf P T
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DEPARTMENT OF THE
CITY CLERK
Certified Mail
February 2, 1999
Mr. Dennis Jarrard
Kmart Corporation
3100 W. Big Beaver Rd.
Troy, MI 48084 -3163
CITY OF CLEARWATER
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748
CITY HALL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (813) 5624090 FAX (813) 562.4086
Re: Municipal Code Enforcement Board Case No. 06 -99
Clearwater Prop. Group c/o Kmart 3476
2130 Gulf to Bay Blvd., Clearwater, Florida
Dear Mr. Jarrard:
E'97�'E � V E
FEB — 2 1999
PLANNING & DEVELOPMENT
SERVICES
CITY OF CLEARWATER
The public hearing of the above referenced case was continued to the meeting of
Wednesday, February 24, 1999. The meeting will be held at 3:00 p.m. at the City of
Clearwater, in Commission Chambers, 3rd floor of City Fall, 112 S. Osceola Avenue,
Clearwater, Florida.
Enclosed please find the paperwork regarding this case which serves as official
notice of said hearing.
Sincerely,
Mary 7Diana, Secretary
Municipal Code Enforcement Board .
cc: Leslie Dougall- Sides, Asst. City Attorney
Scott Kurleman, Code Inspector
Board Attorney
ONE CITY. ONE FUTURE.
is
..Cn. �. C.. -. ...�.... �.... Ate........._.. _. . —._.. '-. ._. _.�_
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`�i� �aLOt tyF//��•
,r
DEPARTMENT OF THE
CITY CLERK
Certified Mail
February 2, 1999
CITY OF C LEAR,WATER
POST OFFICE BOX 4748, CLEIRWATER, FLORIDA 33758 -4748
CITY HALL, 112 SOUTH OSCEOLA AVENUE, CLEAR PATER, FLORIDA 33756
TELEPHONE (813) 5624090 FAx (813) 5624086
Kmart Corporation
Registered Agent, CT Corp System
2100 S. Pine Island Road
Plantation, FL 33324
Re: Municipal Code Enforcement Board Case No. 06 -99
Clearwater Prop. Group c/o Kmart 3476
2130 Gulf to Bay Blvd., Clearwater, Florida
Dear Sir /Madam:
The public hearing of the above referenced case was continued to the meeting of
Wednesday, February 24, 1999. The meeting will be held at 3:00 p.m. at the City of
Clearwater, in Commission Chambers, 3`d floor of City Hall, 112 S. Osceola Avenue,
Clearwater, Florida.
Enclosed please find the paperwork regarding this case which serves as official
notice of said hearing.
Sincerely,
Mary K. Diana, Secretary
Municipal Code Enforcement Board
cc: Leslie Dougall- Sides, Asst. City Attorney
Scott Kurleman, Code Inspector
Board Attorney
ONE CnY. ONE FUTuRE.
701TAI F.MPu))- NFN-r.k -iTI AFFIRMk TVF Ar'nn-j Fmpinwp"
Jg�cAl ° " "�c
k 04
:cl)=
DEPARTMENT OF THE
CITY CLERK
Certified Mail
February 2, 1999
CITY OF C LEARWATE R
POST OFFICE Box 4748, CLEARWATER, FORIDA 33758 -4748
CITY HALL, 112 So mL OSCEOLA AvmuE, CLEARWATER, FLORIDA 33756
TELEPHONE (813) 5624090 FAx (813) 5624086
Kmart Corporation
1701 Stone Mountain Ind. Blvd.
Stone Mountain, GA 30083
Re: Municipal Code Enforcement Board Case No. 06 -99
Clearwater Prop. Group c/o Kmart 3476
2130 Gulf to Bay Blvd., Clearwater, Florida
Dear Sir /Madam:
The public hearing of the above referenced case was continued to the meeting of
Wednesday, February 24, 1999. The meeting will be held at 3:00 p.m. at the City of
Clearwater, in Commission Chambers, 3rd floor of City Hall, 112 S. Osceola Avenue,
Clearwater, Florida.
Enclosed please find the paperwork regarding this case which serves as official
notice of said hearing.
Sincerely,
Mary K. iana, Secretary
Municipal Code Enforcement Board
cc: Leslie Dougall- Sides, Asst. City Attorney
Scott Kurleman, Code Inspector
Board Attorney
ONE CITY. ONE Funin.
"EQUAL EMPLOYMENT AND AFFIR.LIATTNT ACTION EMPLOYER"
,ATE, oil
DEPARTMENT OF THE
CITY CLERK
Certified Mail
February 2, 1999
Clearwater Prop. Goup
PO Box .188
Blowing Rock, NC 28605
CITY OF C LEARWATE R
POST OFFICE BOX 4748, CLEARWATER, FLoruDA 33758 -4748
CITY HALL, 112 SOUTH OSCEOLI AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (813) 5624M FAx (813 ) 5624086
Re: Municipal Code Enforcement Board Case No. 06 -99
Clearwater Prop. Group c/o Kmart 3476
2130 Gulf to Bay Blvd., Clearwater, Florida
Dear Sir /Madam:
The public hearing of the above referenced case was continued to the meeting of
Wednesday, February 24, 1999. The meeting will be held at 3:00 p.m. at the City of
Clearwater, in Commission Chambers, 3`d floor of City Hall, 112 S. Osceola Avenue,
Clearwater, Florida.
Enclosed please find the paperwork regarding this case which serves as official
notice of said hearing.
Sincerely,
Mary K. Diana, Secretary
Municipal Code Enforcement Board
cc: Leslie Dougall- Sides, Asst. City Attorney
Scott Kurleman, Code Inspector
Board Attorney
ONE CnY. ONE FUTURE.
�or IN •.
• ATEW ,
DEPARTMENT of THE
CIN CaRk
Certified Mail
February 2, 1999
CITY OF CLEARWATER
Clearwater Prop. Group
c/o Calina Southern Co. Ltd.
9450 Koger Blvd., Suite 100
St. Petersburg, FL 33702
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748
CITY HALL, 112 SOLM -1 OSCEOLA AvENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (813) 5624090 FAx (813) 5624086
Re: Municipal Code Enforcement Board Case No. 06 -99
Clearwater Prop. Group c/o Kmart 3476
2130 Gulf to Bay Blvd., Clearwater, Florida
Dear Sir /Madam:
The public hearing of the above referenced case was continued to the meeting of
Wednesday, February 24, 1999. The meeting will be held at 3:00 p.m. at the City of
Clearwater, in Commission Chambers, 3rd floor of City Hall, 112 S. Osceola Avenue,
Clearwater, Florida.
Enclosed please find the paperwork regarding this case which serves as official
notice of said hearing.
Sincerely,
Mary K. Diana, Secretary
Municipal Code Enforcement Board
cc: Leslie Dougall- Sides, Asst. City Attorney
Scott Kurleman, Code Inspector
Board Attorney
ONE Cny. ONE FUTURE.
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CITY OF CLEAJW X111 1A(W4 WORKS ADMINISTPATION
ENVIRONMENTA! MANAGEMEN-1 . ................... �j
P.O. BOX 4748
CLEARWATER, FLORIDA 34618-4748
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OF N
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758 -4748
TELEPHONE (813) 562 -4750 FAx (813) 562 -4755
Oslo
PUBLIC WORKS
ADMINISTRATION
NOTICE OF VIOLATION
June 3, 1998
The below referenced site is still in non - compliance with the landscape ordinance and
landscape plan submitted at the time of development or modification. Questions
concerning this report should be directed to Scott Kurleman at 813 -562 -4746.
SITE: K -Mart #3746
SITE ADDRESS: 2130 Gulf To Bay Blvd.
INSPECTION DATE: 04 -24 -98
NOTICE OF NON - COMPLIANCE SENT: 04 -27 -98
ORIGINAL COMPLIANCE DATE: 06 -03 -98
NOTICE OF VIOLATION COMPLIANCE DATE: 06 -12 -98
CODES VIOLATED: 42.27 5 (h), 6 (a) (b), 7 (a), & 8 (a) (d).
REQUIREMENTS: Replace (20) shade trees, and (1254) shrubs. Install or repair
irrigation system. SEE NOTICE OF NON - COMPLIANCE.
Failure to correct the VIOLATIONS by the notice of violation compliance date will .
result in legal action by the Code Enforcement Board of the City of Clearwater, or by the
Pinellas County Court. Such action may result in a fine.
SIGNATURE: -
'! 'u EmT LOYMENT AND AFFIR.VATI-v, ACTION EmPLOYFR
February 9, 1999
Express Mail — 2"d Day
Mr. Jan Stern
The Stern Design Group, P.A.
55 Seton Trail
Ormond Beach, FL 32176
Re: Big Kmart #3476 — Clearwater, FL
Landscape Improvements
Authorization Letter
Dear Mr. Stern:
Kmart Corporation
Resource Center
3100 West Big Beaver Road
Troy MI 48084 -3163
In response to the attached notice from the City of Clearwater, you are approved to act
as our agent in representing Kmart before the Code Enforcement Board, regarding
Municipal Code Enforcement Case No. 06 -99 for the above - mentioned store.
It is my understanding after discussing this issue with Ms Mary K. Diana of the City of
Clearwater Code Enforcement Board, that you, acting as our agent, will present our case
to the Board and at that time they will work with Kmart in determining a compliance date.
Once that date is set Kmart will be responsible for meeting that date, as another
inspection will then take place. If we are not in compliance at that time, the Board has
the authority to render a final decision, which could mean a lien on the property until it is
brought into compliance.
It is imperative that we proceed with this project in a timely manner in order to bring this
site into compliance as soon as possible. In working with the City to set a date for
completion, please take into account the amount of time it will take to get final planning
department approval, completion of working drawings, the bidding period and the
amount of time for construction.
Your assistance on this matter is greatly appreciated. Should you have any questions or
neeo�further information, please feel free to contact me at (248) 643 -2761.
Sidc�rely.
Landscapb Fchitect
Design and Construction Department
cc
I
Post -it® -Fax Note 7671
Date
# oof
pages
�..v
r
Co. /Dept.
Co
Phone#
Phone.#
Fax #
Fax #
putt
S. K. Li /J. R. Hill
C. Sherman — Facilities Manager, c/o Kmart #3140
tM rya K Diana = City- of- CClearwater- Code- Enforcement Board -;
CITY OF CLEARWATER
ENVIRONMENTAL MANAGEMENT GROUP
ADMINISTRA'
& EDUCATI
PROGRA?
ENVIRONMENTAL
REGULATION
PROG RAM
WATERSHED MANAGEMENT
PROGRAM
LAND DEVELOPMENT CODE
LANDSCAPE STANDARDS
Sec. 42.27. Nonresidential and multifamily landscape standards.
(1) purpose. It is the purpose of this section to improve
the appearance of nonresidential and multifamily developments, to
protect and preserve the appearance and value of the surrounding
neighborhoods, to improve the urban and natural environment and
to promote the general welfare through the installation and
maintenance of landscaping for screening, environmental and
aesthetic effects.
(2) Applicability. All properties providing new, newly
improved or rearranged open offstreet parking.for any use other
than a single - family or two - family dwelling shall'be subject to
the landscaping and buffering requirements contained in this
section. Also, if an existing nonresidential or multifamily
development or portion thereof is proposed to be redeveloped with
�4
a new building or structure, and the total gross floor area of
the new building or structure associated with a primary use
exceeds;25 ercent"of the gross floor area of the existing
buildings or structures on the site, or the cost of such
construction will exceed 30 percent of the current market value
of the property as of the date the application for the building
permit is filed, the property shall be brought into compliance
with the requirements of this section.
(3) Perimeter landscape standards Nonresidential and
multifamily developments shall be landscaped on the perimeter to
provide buffering from street rights -of -way and adjoining
properties as follows:
(a) From street rights -of -way. A landscaped strip of land
shall be provided between any nonresidential and
multifamily development and all street rights -of -way,
excluding driveway areas. The strip shall have a
minimum width of three feet, and an average width
according to the street's assigned classification on
the thoroughfare plan and the following:
1. Arterial or collector: Ten feet.
2. All other: Five feet.
Landscaping within the strip shall consist of plant
groupings of shrubs which,,�F tat the time i of installation,
shall measure not less thank 1'8 inchesxl height and,
upon maturity, shall attain a'heght of at least. three;
feet.--The grouping of shrubs shall fill not less than
75`percent of the length of the landscape strip.
Additionally, at least one shade tree or two medium -
sized accent trees shall be planted as part of the
buffer for every 40 lineal feet of landscape strip
length. On the mainland, palm trees may be used to
satisfy not more than 25 percent of the tree planting
requirement within the landscaped strip. On Clearwater
Beach and Sand Key, palm trees may be used to satisfy
not more than 75 percent of -the tree planting
requirement within the.landscaped strip. If palm trees
are used, three palm trees shall be counted as the
equivalent of one shade tree;. palm.trees shall be
clustered in groups of not less than three trees. The
balance of the buffer strip shall be planted with grass
or ground cover or receive other permeable vegetative
landscape treatment. `
(b) From abutting residentially zoned property. A
landscaped strip of land measuring not less than ten
feet in width shall be provided between any
nonresidential or multifamily development and an
abutting residentially zoned property. For multifamily
development that abuts multifamily zoned property, a
landscaped strip shall. be provided between any
offstreet parking or vehicular use area and the
abutting property; if the proposed development is of a
higher density than that permitted in the abutting
property's zoning district classification, a landscaped
strip shall be provided along the entire length of the
common property boundary. Landscaping within the strip
shall consist of groupings of shrubs which, at thp,.t e
Of, installation shall measure not less tria wo�_ fee _,�
JA Height`and;.`4on maturity, shall attain a minimum
height of six feet. The grouping of shrubs shall form
an unbroken screen at maturity, filling the length of
the landscape strip. Additionally, at least one shade
tree or two medium -sized accent trees shall be planted
as part of the buffer for every 40 feet of landscaped
strip length. If a solid fence or wall of six feet in
height is used as part of the landscaped strip, it
shall be placed interior to the required landscaping;
the use of. such fence or wall shall reduce the required
width of the landscaped strip by three feet. On the
mainland, palm trees may be used to satisfy not more
than 25 percent of the tree planting-requirement within
the landscaped strip. On Clearwater Beach and Sand Key,
palm trees may be used to satisfy not more than 75
percent of the tree planting requirement within the
landscaped strip. If palm trees are used, three palm
trees shall be counted as the equivalent of one shade
tree; palm trees shall be clustered in groups of not
less than three trees. The balance of the buffer strip
shall be planted with grass or ground cover or receive
other permeable vegetative landscape treatment.
(c) From abutting nonresidentially zoned property. A
landscaped strip of land measuring not less than five
feet in width shall be provided between any offstreet
parking lot or vehicular use area and an abutting
nonresidentially zoned property. Landscaping within the
strip shall consist of groupings of shrubs which, at
,the--time of installation, shall measure not less than
11F "Iches.1n height and, upon maturity, shall attain a
height of at' least three fee£. The groupings of shrubs
shall fill not less than 50 percent of the length of
the landscape strip. Additionally, at least one shade
tree or two medium -sized accent trees shall be planted
for every 40 feet of landscape strip length. On the
mainland, palm trees may be used to satisfy not more
than 25 percent of the tree planting requirement within
the landscaped strip. On Clearwater Beach and Sand Key,
_palm trees may be used to satisfy not more than 75
percent of the tree planting requirement within the
landscaped strip. If palm trees are used, three palm
trees shall be counted as the equivalent of one shade
tree; palm trees shall be clustered in groups of not
less than three trees. The balance of the landscape
strip shall ba planted with grass or ground cover or
receive other permeable vegetative landscape treatment.
(4) Interior landscape standards. In addition to the
perimeter landscape standards set forth in subsection (3):
(a) Parking lots and vehicular use areas with a total paved
area in excess of 4,000 square feet shall be provideda.
with interior landscaped areas, or islands, for the
purpose of defining circulation areas, affording safe
access to and from parking spaces, beautification and
shade. An area or areas equivalent to not less than six
percent of the total paved area of the parking lot or
vehicular use area, exclusive of the area of any
required perimeter landscaping, shall be provided
within the interior-of such use area for landscaping
purposes. A minimum of one shade tree or two medium -
sized accent trees shall be planted in such areas for
every 200 square feet of total interior landscape area
required and a minimum of 50 percent of the required
landscape area shall be planted with shrubs. Due regard
shall be given to the selection and location of trees
and shrubs in order to ensure that cross visibility is
afforded to the motorist consistent with good traffic
engineering practice. The number of shrubs required for
interior landscaping shall be determined by the
formula: Number of shrubs = (0.06 x square footage of
paved area) divided by 18 square feet. The balance of
the interior landscape area shall be planted with grass
or ground cover or receive other permeable vegetative
landscape treatment. On the mainland, palm trees may be
utilized to satisfy not more than 25 percent of the
tree planting requirement within interior landscape
areas. On Clearwater Beach and Sand Rey, palm trees may
be used to satisfy not more than 75 percent of the tree
planting requirement within the landscaped areas. If
palm trees are used, three palm trees shall be counted
as the equivalent of one shade tree; palm trees shall
be clustered in groups of not less than three trees.
All interior landscaped areas shall measure not less
than five feet in any dimension or direction and shall
contain an area of at least 100 square feet. Grass
parking.and designated retention areas shall not be - y
counted toward fulfilling the interior landscape
requirement.
(b) As an exception to the foregoing, for parking lots and
vehicular use areas containing in excess of 4,000 but
not more than 8,000 square feet, not more than 50
percent of the required interior landscaping may be
provided as additions to the required perimeter '
landscaping, rather than as separate landscaping
interior to the parking lots and vehicular use areas.
For parking lots and vehicular use areas containing in
i � r
excess of 81000 square feet, the required interior
landscaping shall_.. be installed entirely within the
interior of the parking lot or vehicular use area and
shall be evenly distributed across the parking lot or
vehicular use area.
(5) Plant material specifications. Plant materials used to
satisfy the requirements of this section shall meet or exceed the
following specifications:
(a) Quality. Plant material shall conform to the standards
for Florida No. 1 or better as given in Grades and
Standards for Nursery Plans, published by the state
department of agriculture.
(b) Species selection. Seventy -five percent of the trees
utilized to fulfill the requirements of this section
shall be species native to central and northern
Florida. Fifty percent of the shrubs, ground covers and
vines utilized to fulfill the requirements of this
section shall be species native to central and northern
Florida. All palm trees utilized to fulfill the
requirements of this section shall be species native to
central and northern Florida. For each category of
trees, shrubs or palms, a minimum of 50 percent shall
be xeriscape species.
(c) Shade trees. Shade trees are self - supporting, woody
plants which normally grow to a minimum height of 35
feet in the county and have trunks which can be
maintained with over eight feet of clear wood. Shade
tree species shall have a minimum " , -a .eight of
eight feet and a minimum calipero ��5�zi, es measured 11
six inches above grade immediately a lanting. For
the purposes of this section, palm shall not be
considered shade trees.
(d) Medium -sized accent trees. Medium -sized accent trees
are self - supporting, woody plants which normally attain
a_height between 20 and 35 feet at maturity in the
county. Medium -sized accent tree species shall have a
minimum o all" 'ght'of� eight feet and a minimum
caliper f 1:5i esmea'suredsx inches above grade -
immediate pTantinq:� -Fort =the purposes of this
section, pa rees shall not be considered medium -
sized accent trees.
(e) Palm trees. Palm trees are si
stemmed monocotyledon plants
(Palmae). Palm trees planted
of this section shall have a
feet from the root collar to
immediately after planting.
:lf- supporting, fibrous -
of the family Arecaceae
to meet-the requirements
minimum height of eight
the base of the crown
,a
(f) Shrubs. Shrubs are self - supporting, woody plants which
normally attain a height of less than 15 feet at
maturity in the county�hrubs shall have a minimum
height:; a'nc'eam . iately after planting.
(g) Ground covers and vines. Ground covers are plants which
reach a maximum height of 14 inches and spread
horizontally in all directions over the ground surface.
Vines are plants that are not self - supporting and which
spread horizontally over the ground surface or attach
to upright objects. Both ground covers and vines may be
used in lieu of grass provided they present a finished
appearance of complete coverage at the time of
planting. Maximum spacing for ground covers shall not
exceed 24 to 30 inches depending on plant species. .
(h) Lawn grass. Turfed areas shall be planted with species
of grass normally used for lawns. Areas subject to
erosion shall be completely sodded. Established sod
shall be used for all stabilized grass parking
surfaces.
(i) Adjustment of specifications. Adjustment of the
specifications contained in this subsection may be
authorized by the environmental management division
upon a showing by the affected party that the
adjustment is warranted by good cause. As used herein,
good cause shall mean a reason which renders
performance of the aforementioned specifications
unreasonable or prohibitive. Any denial of an
adjustment to these specifications by the environmental
management division shall not preclude such request
from being considered by the development code
adjustment board as a variance request.
(6) Installation.
(a) All landscaping shall be installed in accord with a
plan approved by the environmental management division
and consistent with the requirements contained in this
section. No certificate of occupancy /use shall be.
issued for the property until the landscaping is
installed, inspected and determined by the
t environmental management division to be in compliance
with the approved plan.
(b) All landscape areas shall be covered -with shrubs,
ground cover, turf, mulch or other suitable material
which permits percolation. Where mulch is used, it
shall be protected from washing out.of the planting
bed.
(c) All landscaping required by this section shall be
protected from vehicular and pedestrian traffic by the
J
installation of curbing, wheel stops, landscaping
timbers or other adequate protective devices along the
perimeter of any landscaping which adjoins vehicular
travel areas and sidewalks. These protective devices
shall have a minimum height of six inches above grade.
No parking or display of vehicles and no outdoor
storage or display of merchandise shall be permitted in
or over any required landscaped area, nor shall
vehicles be permitted to overhang any required
landscaped area.
(d) Soil in which required landscaping is to be installed
shall be generally indigenous to the site locale and be
of a loamy sand or sandy loam texture. Soil shall be
loose, friable, well drained and free of construction
materials, rocks,-weeds, grasses, hardpan clay or other
debris. Acidity or alkalinity (pH) shall be adjusted
where warranted to be compatible with the plant species
being installed. Soil shall be uniformly and evenly
graded to allow for proper surface drainage. Backfill
soil material shall be thoroughly vatered in around
plant root balls to prevent any air pockets. This
subsection shall not be interpreted to require or to
preclude the use of amended and enriched soil mixes.
•(7) Irrigation.
(a) Sufficient irrigation shall be. supplied to all
landscape areas to preserve the required landscaping in
a healthy condition. In particular$ all landscaping
utilized to fulfill the terms of this section shall
have a tap or other source of irrigation water within
100 feet.
(b) All irrigation systems connected to the public water
supply system shall installea backflow preventer at the
service connection as specified in chapter 32, article
IV.
(c) Irrigation systems shall be installed so as to minimize
spray upon any public access, sidewalk, street or
abutting property.
(8) Maintenance.
(a) The owner and tenant, if - any, shall be jointly and
severally responsible for the continuous maintenance
and protection of all required landscaping, which shall
be maintained in a healthy growing condition so as to
present a neat and .orderly appearance and. shall be kept
free from refuse and debris. Trees planted to meet the
requirements of this section shall not be topped or
severely pruned, but shall be allowed to grow to
maturity.
(b) All landscaping
be maintained so
in proximity to public sidewalks shall
that unobstructed passage is afforded.
(c) Landscaping shall be inspected periodically by the
environmental management division to ensure that proper
maintenance is provided.
(d) Dead, declining and diseased plant material shall be
replaced with healthy material in accordance with the
requirements applicable thereto at the time of original
planting.
(9) Landscape restriction at intersections. To minimize
traffic hazards, where an accessway intersects a street right -of-
way or where property is located at an intersection of two or
more rights -of -way, all landscaping shall provide unobstructed
cross visibility at a level between three and six feet. The cross
visibility area at the intersection of street rights -of -way shall
be a triangular area configured by the two intersecting right -of-
way lines and a third line made by connecting points on such
intersecting lines 15 feet distant from their intersection. The
cross visibility area at the intersection of ah alley or
accessway with a street right -of -way or another alley or
accessway-shall be a triangular area configured in the same
manner as with two intersecting street rights -of -way; however,
the two equal sides of the triangle shall be ten feet, not 15
feet.
(10) Landscape plan. Prior to the issuance of a building
permit for a parking lot, three copies of a landscape plan for
the site shall be submitted to the building official. The
landscape plan shall require the approval of the environmental
management division. The landscape plan shall be drawn to scale,
shall identify relevant dimensions and distances, and shall
include the following information:
(a) Legal description of the property;
(b) Site location map;
(c). Scale, which shall not be smaller than one inch equals
50 feet; .
(d) North arrow;
s
(e) Name, address and telephone number of the owner and
designer; ;-
(f) Property lines and utility lines /structures;
(g) Building outlines;
(h) All proposed structures and improvements, including but
not limited to walls,-fences, walks, pools, patios,
tV
.`
irrigation systems, hmpster pads, pad mounted
transformers, fire hydrants, overhead obstructions,
sign locations and treatment of all ground surfaces;
(i) Name and centerline location of abutting street rights -
of -way;
(j) Zoning districts assigned to the subject property and
contiguous properties;
(k) Existing and proposed elevations;
(1) Drainage and retention areas, including side slopes and
bottom elevations, and drainage structures and other
drainage improvements;
(m) Delineation of parking areas and other vehicular use
areas, including parking spaces, circulation aisles.,
interior planter islands, wheelstops and curbing;
(n) Existing trees, by type, size and location;
(o) Location, size, description and specifications of all
landscape materials, including botanical and common
names;
(p) Typical planting details for trees and shrubs,
including planting instructions, soil mixes,
backfilling, mulching, staking and protective measures;
(q) Paved area coverage of the parking lot and vehicular
use areas, expressed in square feet;
(r) Interior landscape coverage, expressed both in'square
feet, exclusive of perimeter landscaped strips and
retention areas, and as a percentage of the paved area
coverage of the parking lot and vehicular use areas.
The landscape plan may be combined on the same -sheet as
the parking lot plan described in section 41.221,
providing all required information is included on'the
plan and is legible. _
M
THE STERN DESIGN GROUP, P.A.
55 Seton Trail
Ormond Beach, Florida 32176
Telephone (904) 6774486
FAX (904) 677 -2505
E-MAEL Stera.Desip.Group *woridnet.att.net
January 22, 1999
Mr. A. Scott Kurleman
Landscape/Forestry Inspector
CITY OF CLEARWATER
100 S. Myrtle Avenue
Clearwater, Florida 33756 -5520
Re. KMART STORE #3476
Gulf to Bay Boulevard
Dear Scott:
Enclosed are three 41, ets of Site Layout and Landscape Planting Plans for the above referenced project.
Per our earlier discussion, I have enlarged the existing landscape parking islands to accommodate the
added shade tree. In addition, per your City requirements, shrubs and ground covers were also added to
these islands.
For the new parking bays, I have shown the new Handicap Parking requirements necessary for this
project as well. All the planting islands are shown to have the eight -inch (8 ") concrete curb, also as we
discussed. The Landscape Planting along Gulf To Bay has also been redesigned and upgraded to provide
visibility and color and contrast.
I would greatly appreciate if you would review these Plans and give me your comments for City
acceptance. Upon your review, a Landscape Irrigation Plan will be designed and the entire Landscape
Set will be submitted for an official submittal.
If I can answer any questions please do not hesitate to call. Thank you for your assistance with this
project! 6
Stern, ASLA
cc: Dennis J. Jarrard, Kmart Corporation
///////'000
n
Q�
F A X M E S S A G E
CITY OF CLEARWATER
P.O. Box 4748
=�� Clearwater, FL 33758 -4748
PUBLIC WORKS ADMINISTRATION /ENGINEERING
SENDING LOCATION FAX NUMBER: (813) 562 -4755
OFFICE TELEPHONE NUMBER: (813) 562 -4747
TO:
Attn:
LOCATION:
FAX NUMBER:
FROM:
DATE:
MESSAGE:
v
x%02
NUMBER OF PAGES THIS MESSA-=E (INCLUDING THIS COVER
PN10- 01'CITY OF CLEARWATER ATTN:ENGI
PARCEL ID 13- 29 -15- 00000 - 140 -0300 PAZIP YRBLT /EFF FLRS TOT SQFT
2130 GULF TO BAY BLVD 34625 1979 1985 98,792
OWNER'S NAME AND ADDRESS V P W G BLDGS == IMPROVEMENT
CLEARWATER PROP GROUP 1 20 STORE
$ /SQFT AVR
C/O KMART CORP TAX #3476 LEGAL DESCRIPTION CENSUS
1701 MOUNTAIN IND BLVD BEG SW COR RAINBOW DR AND 267.03
STONE MOUNTAIN, GA 30083 MAIN AVE RUN S 496.FT TH W NBHD
LOT SIZE = => ISC COUNTY 195FT TH S 154FT TO N R/W
378,536 SQ FT GULF TO BAY BLVD TH W 450
YEAR IMPROVEMENT LAND ASSESSMENT AS /FT YEAR TAXES PD D
1997 21446,000 11998,700 41444,700 44.99 1997 101,452.94 N N
SALE DATE AMOUNT BOOK PAGE DT Q T SALE DATE AMOUNT BOOK PAGE
MAY 1992 780,000 7895 1678 U K
7.89 0.17
HEAT SQFT
89, 616
PBOOK /PG
MKT YR BLDG LAND
97 2446,000 1998,700
MORTGAGE COMPANY
SELLER'S NAME
ENTER =FWD F1 =DOCS F2 =B
PN10
TOT VALUE = = = == LAND
4,444,700 11 323 SUPE
AMOUNT DATE
GEN REVIEW DATE
01/23/1992
LDG F4 =TAX F5 =LGL F7 =DIM
TX /FT
1.02
DT Q
/ PROPERTY USE = = = == HOMESTD LP
RMARKET /SUPERSTORE 0 N
MTG TYPE RATE NUMBER
BLDG REVIEW DATE
08/05/1997
F8 =XFEAT F13 =SKTCH F6 =COMP MENU
ISC
r,
A`oi,pfn.�
Kmart Corp. #3476
1701 Mountain Ind Blvd.
Stone Mountain, GA 30083
CITY OF CLEARWATER
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748
Re: Kmart 2130 Gulf To Bay Blvd
April 21, 1998
The City of Clearwater has initiated a landscape reinspection program which will affect all sites with
approved landscape plans filed with the City of Clearwater. This courtesy letter is to serve as
notification that you or your organization owns property which is included in this program.
The Public Works Administration, Urban Forestry Division will be conducting site inspections to
determine compliance.with city's Land Development code, Sections 42.27and /or 42.33. If the initial
inspection finds the site in compliance, no further action will be taken. However, if the site is found to be
in non - compliance, you will be given an opportunity to bring the site into compliance. Failure to do so will
result in a notice of violation being issued to the present owner or owners. The violation will explain the
code(s) violated, nature of the violations and required correction date. Failure to correct the listed
violations by the date indicated will result in legal action by the Municipal Code Enforcement Board of the
City of Clearwater. (sec.162.06 (2) F.S).
This program is intended to improve the appearance of off - street parking lots and other vehicular use
areas, to protect and preserve the appearance and value of the surrounding neighborhoods, to improve
the urban and natural environment and the promote the general welfare through the installation of
landscaping, screening, and aesthetic effects.
Please contact Scott Kurleman at the Urban Forestry Division at (813) 562.4746 for information
concerning landscape requirements or if you have any questions regarding the inspection program.
Sincerely,
Alan Mayberry
Urban Forestry Manager
"EQUAL EMPLOYMENT AND AFFIRMATIVE AC ?'v - C
S o&
-.,'F l o
Pusuc WORKS
ADMINISTRATION
April 27, 1998
CITY OF C LEARWATE R
POST OFFICE BOX 4748, C"WATER, FLORIDA 33758 -4748
TELEPHONE (813) 562 -4750 FAx (813) 562 -4755
NOTICE OF NON- COMPLIANCE
The City of Clearwater Public Works Administration, Urban Forestry Division has completed its inspection
at your site. The site is in non - compliance with the landscape ordinance and landscape plan submitted by
Kmart and approved by our office on 04123192. If you have any questions regarding this report, please
call Scott Kurleman at 813.562.4746.
SITE: Kmart #3746
SITE ADDRESS: 2130 Gulf To Bay Blvd.
OWNER REP:
INSPECTION DATE: 04124198
CODES VIOLATED: 42.27 5 (h), 6 (a) (b), 7(a), WOW.
(a) (d).
REQUIREMENTS: Install or repair irrigation system as to preserve the required landscaping in a healthy
growing condition. Cover all exposed landscape areas with mulch or other suitable material which
permits percolation. Remove all dead, declining, or diseased plant material and replace with (20) shade
trees (min 8ft. 1 %: inch caliper), (1254) shrubs (min. 18 inches in height ) Florida grade #1 minimum.
The replacement trees and shrubs will be installed per the approved plan locations. Better species
selection should be considered when installing new plant material. Landscaping shall be maintained in a
healthy growing condition so as to present a neat and orderly appearance and kept free of refuse and
debris. Trees which have been topped will have to be removed and will not count toward the landscape
requirement.
COMPLIANCE DATE: 06103198
To insure compliance, a reinspection of the site will be conducted after the above compliance date.
Failure to correct the requirements by the compliance date will result in the issuance-of a "NOTICE OF
VIOLATION ".
"EQu,u EMPLOYMENT A. \D AFFIR \vM'E ACTION EMPLOYEE
,1ho6zed agent of the
ride.
is on the front of
item 1 of Form'
i<
�A�or
-- ATEW
PUBLIC WORKS
ADMINISTRATION
June 3,1998
C ITY OF C LEARWAT
ER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758 -4748
TELEPHONE (813) 562 -4750 FAx (813) 562 -4755
NOTICE OF VIOLATION
The below referenced site is still in non - compliance with the landscape ordinance and
landscape plan submitted at the time of development or modification. Questions
concerning this report should be directed to Scott Kurleman at 813 -562 -4746.
SITE: K -Mart #3746
SITE ADDRESS: 2130 Gulf To Bay Blvd.
INSPECTION DATE: 04 -24 -98
NOTICE OF NON - COMPLIANCE SENT: 04 -27 -98
ORIGINAL COMPLIANCE DATE: 06 -03 -98
NOTICE OF VIOLATION COMPLIANCE DATE: 06 -12 -98
CODES VIOLATED: 42.27 5 (h), 6 (a) (b), 7 (a), & 8 (a) (d).
REQUIREMENTS: Replace (20) shade trees, and (1254) shrubs. Install or repair
irrigation system. SEE NOTICE OF NON - COMPLIANCE. ,
Failure to correct the VIOLATIONS by the notice of violation compliance date will .
result in legal action by the Code Enforcement Board of the City of Clearwater, or by the
Pinellas County Court. Such action may result in a fine.
SIGNATURE:
Li :a E>:i'i.O1,1ENT A. \D AFFMNIAM1 ACTION Empi.mTR"
is your RETURN Al2DRESS completed an the reverse sidel
o m
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Y OF CLEARWATER
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748
TELEPHONE (813) 562 -4750 FAx (813) 562 -4755
OF VIOLATION
non - compliance with the landscape ordinance and
of development or modification. Questions
ected to Scott Kurleman at 813 -562 -4746.
b ❑ )g m m ay Blvd.
ga a
Thank you for_usi.Rq Return Receipt Service,_ _ !
NOTICE OF NON - COMPLIANCE SENT: 04 -27 -98
ORIGINAL COMPLIANCE DATE: 06 -03 -98
NOTICE OF VIOLATION COMPLIANCE DATE: 06 -12 -98
CODES VIOLATED: 42.27 5 (h), 6 (a) (b), 7 (a), & 8 (a) (d).
REQUIREMENTS: Replace (20) shade trees, and (1254) shrubs. Install or repair
irrigation system. SEE NOTICE OF NON - COMPLIANCE.
Failure to correct the VIOLATIONS by the notice of violation compliance date will
result in legal action by the Code Enforcement Board of the City of Clearwater, or by the
Pinellas County Court. Such action may result in a fine.
SIGNATURE:
EV71.Ol1IFNT AND AFFIMAM ACTION EMPLOYER
��aOOOil1
iAFs
Kmart Corp. #3476
1701 Mountain Ind Blvd.
Stone Mountain, GA 30083
CITY OF CLEARWATER
Re: Kmart 2130 Gulf To Bay Blvd
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748
April 21, 1998
The City of Clearwater has initiated a landscape reinspection program which will affect all sites with
approved landscape plans filed with the City of Clearwater. This courtesy letter is to serve as
notification that you or your organization owns property which is included in this program.
The Public Works Administration, Urban Forestry Division will be conducting site inspections to
determine compliance.with city's Land Development Code, Sections 42.27and /or 42.33. If the initial
inspection finds the site in compliance, no further action will be taken. However, if the site is found to be
in non - compliance, you will be given an opportunity to bring the site into compliance. Failure to do so will
result in a notice of violation being issued to the present owner or owners. The violation will explain the
code(s) violated, nature of the violations and required correction date. Failure to correct the listed
violations by the date indicated will result in legal action by the Municipal Code Enforcement Board of the
City of Clearwater. (sec. 162.06 (2) F.S).
This program is intended to improve the appearance of off - street parking lots and other vehicular use
.areas, to protect and preserve the appearance and value of the surrounding neighborhoods, to improve
the urban and natural environment and the promote the general welfare through the installation of
landscaping, screening, and aesthetic effects.
Please contact Scott Kurleman at the Urban Forestry Division at (813) 562.4746 for information
concerning landscape requirements or if you have any questions regarding the inspection program.
Sincerely,
Alan Mayberry
Urban Forestry Manager
"EQ !A[. EMPLOYMENT AND AFFIR,"T[VE Arno bit
MUNICIPAL CODE ENFORCEMENT BOARD OF THE CITY OF CLEARWATER, FLORIDA
SUPERVISOR REVIEW
R A
INITIALS
AFFIDAVIT OF VIOLATION AND REQUEST FOR HEARING
owner lessee
NAME OF PERSON /BUSINESS: Kmart Corporation
MAILING ADDRESS: 1701 Stone Mountain Ind blvd, Stone Mountain, GA 30083
VIOLATION ADDRESS: 2130 Gulf to Bay Blvd.
SECTION(S) OF CITY CODE WHICH HAVE BEEN VIOLATED: 42.27 6(a)(b), 7(a) and 8
(a)(d)•
DATE OF OFFICIAL NOTICE OF VIOLATION: 06 -12 -98
LEGAL DESCRIPTION OF PROPERTY WHERE THE VIOLATION OCCURRED:
FACTS BEHIND THE VIOLATION: This property remains in violation of the landscape
ordinance and landscape plan submitted by Kmart and approved by our office on 04- 23 -93.
other
I DO HEREBY SWEAR THAT THE ABOVE FACTS ARE TRUE TO THE BEST OF MY
KNOWLEDGE.
INSPECTOR'S SIGNATURE
STATE OF FLORIDA
COUNTY OF PINELLAS
PERSONALLY APPEARED before me, the undersigned authority, A. SCOTT KURLEMAN, and
acknowledged that he did execute the foregoing Affidavit.
SWORN AND SUBSCRIBED before me on this day, June 25, 1998.
�. > Notary Public, Commission Number �C 505 9ylo
(signature)
NOdR 1q. PR Y v E
Name of Notary (typed, printed, stamped)
Filed this day of
NEVA M PAYNE
NOTARY PUBLIC STATE OF
1997. Case Number:
Secretary, Municipal Code Enforcement Board
P 571 457 942
UePostal S&vice
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail (See reverse)
Sent
tr
Street & Numbers _ y
Post office, State, & ZIP Code
Postage
$
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
rn
Return Receipt Showing to
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Whom & Date Delivered
n
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Date, & Addressee's Address
0
TOTAL Postage & Fees
$
Postmark or Date
0
LL
rn
EL
Stick postage stamps to article to cover First -Class postage, certified mail fee, and
charges for any selected optional services (See front). �-
1. If you want this receipt postmarked, stick the gummed stub to the right of the return
address leaving the receipt attached, and present the article at a post office service
window or hand it to your rural carrier (no extra charge).
2. If you do not want this receipt postmarked, stick the gummed stub to the right of the
return address of the article, date, detach, and retain the receipt, and mail the article.
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gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article
RETURN RECEIPT REQUESTED adjacent to the number.
4. If you want delivery restricted to the addressee, or to an authorized agent of the C
addressee, endorse RESTRICTED DELIVERY on the front of the article. M
5. Enter fees for the services requested in the appropriate spaces. on the front of this €
receipt. If return receipt is requested, check the applicable blocks in item i of Form 3611,4 to
6. Save this receipt and present it if you make an inquiry. Cn
E
PUBLIC WORKS
AD.mIINISTRATION
July 6, 1998
C TTY OF C LEARWATER
POST OFFICE BOX 4748, CLE4RWATER, FLORIDA 33758 -4748 .
TELEPHONE (813) 562 -4750 FAx (813) 562 -4755
NOTICE OF VIOLATION
The below referenced site is still in non - compliance with the landscape ordinance and
landscape plan submitted at the time of development or modification. Questions
concerning this report should be directed to Scott Kurleman at 813 -562 -4746.
SITE: K -mart #3746
OWNER: Clearwater Property Group
PARCEL #: 13- 29 -15- 00000 - 140 -0300
SITE ADDRESS: 2130 Gulf To Bay Blvd.
INSPECTION DATE: 04 -24 -98
NOTICE OF NON - COMPLIANCE SENT: 04 -27 -98
ORIGINAL COMPLIANCE DATE: 06 -03 -98
NOTICE OF VIOLATION COMPLIANCE DATE: 07 -22 -98
CODES VIOLATED: 42.27 5 (h), 6 (a) (b), 7 (a), & 8 (a) (d).
REQUIREMENTS: Replace (20) shade trees, and (1254) shrubs. Install or repair
irrigation system. SEE NOTICE OF NON - COMPLIANCE.
Failure to correct the VIOLATIONS by the notice of violation compliance date will
result in legal action by the Code Enforcement Board of the City of Clearwater, or by the
Pinellas County Court. Such action may result in a fine.
SIGNATURE:
ONE CITY. ONE FUTURE.
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
m SENDER:
W ■ Complete items 1 and/oi I also wish to receive the
■Complete items 3, 4a, and following services (for an
d Print your name and addresa . arse of this form so that we can return this extra fee):
card to you.
■Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address
permit.
■ Write'Retum Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery
■The Return Receipt will show to whom the article was delivered and the date
C delivered. Consult postmaster for fee.
v 3. Article Addressed to: 4a. Article Number
m 571
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5. Received By: (Print Name) 8. Addressee's Address (Only if requested
and fee is paid)
6. Signa re: (Addressee or Agent)
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UNITED STATES POSTAL
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UN
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LEARWATER, FLORIDA 34
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Return Receipt Showing to Whom,
Date, & Addressee's Address
TOTAL Postage & Fees
is
Postmark or Date `
Stick postage stamps to article to cover First -Class postage, certified mail tee, and
charges for any selected optional services (See front).
1. If you want this receipt postmarked, stick the gummed stub to the right of the return
address leaving the receipt attached, and present the article at a post office service
window or hand it to your rural carrier (no extra charge).
2. If you do not want this receipt postmarked, stick the gummed stub to the right of the
return address of the article, date, detach, and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified mail number and your name and address
on a return receipt card, Form 3811, and attach it to the front of the article by means of the
gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article
RETURN RECEIPT REQUESTED adjacent to the number.
4. If you want delivery restricted to the addressee, or to an authorized agent of th
addressee, endorse RESTRICTED DELIVERY on the front of the article.
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receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. li
6. Save this receipt and present it if you make an inquiry, i n.
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PUBLIC WORKS
ADMINISTRATION
July 21, 1998
Cury OF CLEARWATER
POST OFFICE BOX 4748, CLEARVIATER, FLORIDA 33758 -4748
TELEPHONE (813) 562 -4750 FAX (813) 562 -4755
NOTICE OF VIOLATION
The below referenced site is still in non - compliance with the landscape ordinance and
landscape plan submitted at the time of development or modification. Questions
concerning this report should be directed to Scott Kurleman at 813 -562 -4746.
SITE: Kmart #3746
SITE ADDRESS: 2130 Gulf To Bay Blvd.
PARCEL I.D. # 13- 29 -15- 00000 - 140 -0300
INSPECTION DATE: 04 -24 -98
NOTICE OF NON - COMPLIANCE SENT: 04 -27 -98
ORIGINAL COMPLIANCE DATE: 06 -03 -98
NOTICE OF VIOLATION COMPLIANCE DATE: 08 -10 -98
CODES VIOLATED: 42.27 5 (h), 6 (a) (b), 7 (a), & 8 (a) (d).
REQUIREMENTS: Replace (20) shade trees, and (1254) shrubs. Install or repair
irrigation system. SEE NOTICE OF NON - COMPLIANCE.
Failure to correct the VIOLATIONS by the notice of violation compliance date will
result in legal action by the Code Enforcement Board of the City of Clearwater, or by the
Pinellas County Court. Such action may result in a fine.
SIGNATURE:
ONE CITY. ONE FUTURE.
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
JJQ1Oj
GhIOF
Q�40
•- ATER, J�'
CITY OF C LEARWAT E R
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748
TELEPHONE (813) 562 -4750 FAX (813) 562 -4755
AFFIDAVIT OF SERVICE
PUBLIC WORKS
ADMINISTRATION
STATE OF FLORIDA
COUNTY OF PINELLAS]
A. Scott Kurleman being first duly sworn, deposes and says:
1. That I am a Forestry/Landscape Inspector employed by the City of
Clearwater.
2. That on the. 22nd day of July 1998, 1 posted a copy of the attached
Notice of Violation for Kmart at Clearwater City Hall and at Kmart
2130 Gulf To Bay Blvd., Clearwater, Florida.
Further Affiant sayeth not.
0 . C J i'
Signature
Sworn and subscribed before me this - -R- ' day of �J� — 1
199 , by a, ,S'� who is personally known to me.
OFFICIAL NMARY UAL
NEVA M PAYNE
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC505946
MY COMMISSION EXP. NOV. 15,1999
Notary Public, State of Florida
Print or type name:
V1 Iq A V,419
My Commission Expires:
12 -06-97 ONE CITY. ONE FUTURE:
Posting Affidavit
"EQUAL EMPLOYMENT AND AFFamATNE ACTION EMPLOYER"
.r /f ii
PUBLIC WORKS
ADMINISTRATION
August 17, 1998
CITY OF C LEARWATE R
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748
TEMPHONE (813) 562 -4750 FAX (813) 562 -4755
NOTICE OF VIOLATION
The below referenced site is still in non - compliance with the landscape ordinance and
landscape plan submitted at the time of development or modification. Questions
concerning this report should be directed to Scott Kurleman at 727 -562 -4746.
SITE: Kmart #3746
SITE ADDRESS: 2130 Gulf To Bay Blvd.
PARCEL I.D. # 13- 29 -15- 00000 - 140 -0300
INSPECTION DATE: 04 -24 -98
NOTICE OF NON - COMPLIANCE SENT: 04 -27 -98
ORIGINAL COMPLIANCE DATE: 06 -03 -98
NOTICE OF VIOLATION COMPLIANCE DATE: 10 -15 -98 (Affidavit of Service
issued on 07- 22 -98).
CODES VIOLATED: 42.27 5 (h), 6 (a) (b), 7 (a), & 8 (a) (d).
REQUIREMENTS: Replace (38) shade trees, and (1254) shrubs. An additional 12" of
shade tree caliper will need to be replaced if the two Oaks conflicting with store sign are
removed. Install or repair irrigation system. SEE NOTICE OF NON - COMPLIANCE.
Failure to correct the VIOLATIONS by the notice of violation compliance date will
result in legal action by the Code Enforcement Board of the City of Clearwater, or by the
Pinellas County Court. Such action may result in a fine.
SIGNATURE:
ONE CITY. ONE FUTURE.
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
Kurleman, Scott
From:
Jan B. Stern[SMTP: Stern .Design.Group @worldnet.att.net]
Sent:
Monday, October 12, 1998 10:52 AM
To:
skurlema @public.lib.ci.clearwater.fl.us
Subject:
Fw: K -Mart, Clearwater
• From: Jan B. Stern <Stern. Desig n.G rou p@world net. aft. net>
• To: skurlema @pubic.Iib.ci.clearwater.fl.us
> Subject: K -Mart, Clearwater
> Date: Monday, October 12, 1998 10:55 AM
• Scott -
• Thank you for meeting me on site last week. My comments and
• recommendations have been sent to K -Mart in Michigan. When I hear back
• from them I will let you know what the game plan is. As I told you, I am
• sure it will be sometime in November before I can get a cconceptual to
you.
> Thank you again for your assistance. If I can answer any questions,
please
> do not hesitate to contact me.
> Sincerely,
> Jan B. Stem, ASLA
Page 1
Kurleman, Scott
From:
Jan B. Stern[SMTP: Stern .Design.Group @worldnet.att.net]
Sent:
Monday, November 09, 1998 8:04 AM
To:
skurlema @public.lib.ci.clearwater.fl.us
Subject:
K -MART
Scott -
Just wanted to keepyou updated as far as progress.
I'll be doing a Conceptual Drawing next week for the above project.
I will then send a copy to Kmart International in Michigan for their
approval. At that time, I will send you a copy. I would then appreciate
your time in checking to make sure that I have met your City requirements
that we spoke about. In addition, would you mind checking for all curbing
and /or new plantings which may be required.
Thannk you again for your assistance.
Sincerely,
Jann B. Stern, ASLA
Principal
Stern Design Group, PA c 04 — � 7 7 s 448`P
Page 1
Kurleman, Scott
From:
Jan B. Stern[SMTP: Stern .Design.Group @worldnet.att.net]
Sent:
Friday, November 20, 1998 1:08 PM
To:
skurlema @public .lib.ci.clearwater.fl.us
Subject:
MART
Hi Scott -
Just wanted to keep you in touch and to ask a favor.
It looks like MART will go with our conceptual to increase parking island
sizes. We have shown the existing to be widen. However, due to Handicapp
and required parking by MART, I may need to shift the location of some
islands. Consequently, I need a surveyor to do a horizontal survey. Could
you give me the names of three (3) firms which you would recommmmend for
this type of project. In addition, could you send or FAX me a copy of your
parking regulations (Dimension, Type, Quantity, Etc.) which will be
relevent to this project.
Thank you very much for your assistance. If I can get a survey done
quickly, I hope to have something to you by the middle of December.
If you have any questions, please feel free to contact me.
Sinceeerely,
Jan B. Stern, ASLA
Principal, The Stern Design Group, PA
Page 1
Kurleman, Scott
From: Gust, Mike
Sent: Tuesday, November 24, 1998 11:24 AM
To: 'Jan B. Stern (SMTP: Stern. Design. Group @world net. aft. net)'
Cc: .Kurleman, Scott
Subject: Parking Revisions for K -Mart site at 2130 Gulf To Bay Blvd in Clearwater
I cannot "recommend" any surveyors as a matter of policy, but if you want info from the yellow pages for
surveyors or consulting engineering firms with surveying capabilities, please call me at (727) 562 -4775. Please
keep in mind that revisions to the parking lot will require a parking lot permit with the submitted plan showing all
Hcp spaces meeting City, State. and ADA standards, which have been recently revised to meet Florida Statutes -
I can fax our standards sheets to you, or mail them if you wish. All Hcp spaces must have a FTP -55 fine sign in
addition to the PARKING BY DISABLED PERMIT ONLY sign. All Hcp spaces must also have a 5 ft wide access
aisle marked exactly as shown in the latest FDOT standard index 17346 - we are experiencing difficulty in striping
contractors following the standards. Scott suggested that I may be able to help you with the parking issues. As
you may be aware, the lot was revised in 1992, but unfortunately the Hcp standards have again changed.
Thanks,
Mike Gust, Traffic Operatioons Engineer.
Page 1
2 -16 -1999 9 z 26AM FROM 7274626689 P. 1
February 9, 1999
Express Mail — 2 W [day
Mr. Jan Stern
The Stern Design Croup, P.A.
55 Seton Trail
Ormond Beach: FL 32176
Re: Big Kmart #3476 - Clearwater, FL
Landscape lImprovements
Authorization Letter
Dear Mir Stern:
i
Wart Corporation
ReSQJrce `.tinier
19Q VveFil Big Faover Rood
Troy fOl 4064-31 63
In response to the attached notice from the City of Clearwater, you are approved to act
as our agent in representing Kmal before the Code Enforcement Board, regarding
Municipal Code Enforcement Case No. 06 -99 for the above - mentioned store.
it is my understanding after discussing this issue with Ms Mary K. Diana of the City of
Clearwater Code Enforcement Board, that you, acting as our agent. will present our case
to the Board and at that time they will work with Kmart in determining a compliance, date.
Once that date is set Kmart will be responsible for meeting. that date, as another
inspection will then take place. If we are not in compliance a4 that time:, the Board has
the authority to render a final decision, which could mean a lien on the property until it is
brought into compliance.
It is imperative that we proceed with this project in a timely manner in order to bring this
site into compliance as soon as possible, In working with the City to set a date for
completion, please take into account the amount of time it will take to get final planning
department approval, completion of working drawings, the bidding period and the
amount of time for construction.
Your assistance on this matter is greatly appreciated. Should you gave any questions or
ne eo}further information, please feel free to contact me at (248) 64:- 1'761.
Design* End- Construction Department
Post -it* Fax Note 7671
vale
148187-1, .
�t4> �F
av
Rhong
1r0 f l
cc S. K. U /J. R, hill
C.. Sherman - Facilities Manager, c/o Kmart #3140
Mary K. Diana - City of Clearwater Code Enforcement 9oard
PLANNING & DEVELOPMENT SERVICES
PLANNING DEPARTMENT
INSPECTION REQUEST
Date:
�v
Name: i ,4-
Inspection Addren: P11W G, j
Phone 0 : q,04 ' 1 44%
Reason for inspection:
Result of inspection:
I
i
y`
a
Jan Stern
The Stern Design Group, P.A.
55 Seton Trail
Ormond Beach, FL 32176
Dear Jan,
As per our conversation yesterday, please find enclosed a marked copy of the landscape design which you
submitted for the K -Mart on Gulf to Bay Blvd. in Clearwater. On the first sheet, areas in green are to be
incorporated into islands and planted. Areas circled in red are most important. We have figured that the
required parking is 4/1000 GFA including handicapped spots. Please let us know if you have figures
which disagree with this. If you have any questions about any of the comments on the second sheet please
do not hesitate in contacting either Scott (727.562.4746) or myself (727.562.4558). Our main concerns
are having a plan that will fit in with the spirit of One City, One Future and well as the vision for the Gulf
to Bay redevelopment. Please feel free to pass off the folks at K -Mart to Scott or myself if sparks start to
fly.
Thanks,
Mark Parry, Planner
cc. Scott Kurleman
05/16/1995 22:38 8136698114 PRESSMAN A INC PAGE 01
PRESSMAN & ASSOCIATES, I NC.
1 GoverimrrmAntdi Affairs and Pubic Relotkwu
DATE:
A Pope 0 Plus Cover Eft:
lC «
28870 US Highway 19 N. - Suite 0300 - Clearwater. FL 34621
Phone 813. 728 -VOTE (8603) • Fax $13486 -3176 - Paper 1- 800-504 -8444
Kurleman, Scott
From: Dougall- Sides, Leslie
Sent: Wednesday, July 01, 1998 2:53 PM
To: Kurleman, Scott
Cc: Mayberry, Alan
Thank you for providing the Affidavit of Violation /Request for Hearing. However, in reviewing the
ownership of the subject property, I have ascertained that it is indeed owned by "Clearwater Prop Group ",
not KMart Corp., which is apparently a lessee with an unrecorded lease. The Division of Corporations has
no record of a corporation, partnership, or fictitious name under that name, so there is no registered
agent listed. In order to perfect a lien against the property owner, we suggest that you reissue a Notice of
Violation TO: Clearwater Prop Group. In doing so, please do the following:
1. Include Parcel No. 13/29/15/00000114010300 in addition to street address. Street addresses are not
legally sufficient to create a lien and the other NOV forms have a blank for legal description.
2. Give additional reasonable time for compliance.
3. Send Notice of Violation certified mail, return receipt requested, to Clearwater Prop Group at 9450
Koger Blvd. N., Suite 100, St. Petersburg, FL 33702.
4. Also post the property and City Hall (Clerk's office handles the latter) with the Notice of Violation.
Posting plus certified mailing creates a presumption that the notice is valid.
5. After posting, execute an Affidavit of Posting (see Sue Diana or Geri Doherty for form), attaching a
copy of the Notice of Violation.
6. If no compliance by compliance date, do Affidavit of Violation and Request for Hearing. Check "owner"
box, fill in "legal description" area with parcel no.
7. 1 am assuming that the 42.27(5)(h) item is in compliance since it was not carried over onto the Affidavit.
Also issue a second NOV form to KMart Corp. Follow steps 1. -5. above except use the Stone Mountain
mailing address for KMart Corp. and check "lessee" on Affidavit of Violation /Request for Hearing form.
Thanks, this will make it possible to enforce against both owner and tenant and to foreclose on any lien
created. On any others which have corporations /trusts /partnerships, if you let us know the location we
can run a title search and look up the registered agents for you.
Page 1
PN10 -01 CITY OF CLEARWATER ATTN:ENGI
PARCEL ID 13- 29 -15- 00000 -140 -0300 PAZIP YRBLT /EFF FLRS TOT SQFT $ /SQFT AVR
2130 GULF TO BAY BLVD 34625 1979 1985 98,792 7.89 0.17
OWNER'S NAME AND ADDRESS V P W G BLDGS == IMPROVEMENT == HEAT SQFT
CLEARWATER PROP GROUP 1 20 STORE 89,616
C/O KMART CORP TAX #3476 LEGAL DESCRIPTION CENSUS PBOOK /PG
1701 MOUNTAIN IND BLVD BEG SW COR RAINBOW DR AND 267.03
STONE MOUNTAINf GA 30083 MAIN AVE RUN S 496.FT TH W NBHD
LOT SIZE = => ISC COUNTY 195FT TH S 154FT TO N R/W
378,536,SQ FT GULF TO BAY BLVD TH W 450
YEAR IMPROVEMENT LAND ASSESSMENT AS /FT YEAR TAXES PD D TX /FT
1997 2,446,000 1,998,700 4,444,700 44.99 1997 101,452.94 N N 1.02
SALE DATE AMOUNT BOOK PAGE DT Q T SALE DATE AMOUNT BOOK PAGE DT Q
MAY 1992 780,000 7895 1678 U K
MKT YR BLDG LAND TOT VALUE ____= LAND / PROPERTY USE ____= HOMESTD LP
97 2446,000 1998,700 4,444,700 11 323 SUPERMARKET /SUPERSTORE 0 N
MORTGAGE COMPANY AMOUNT DATE MTG TYPE RATE NUMBER
SELLER'S NAME GEN REVIEW DATE BLDG REVIEW DATE
01/23/1992 08/05/1997
ENTER =FWD F1 =DOCS F2 =BLDG F4 =TAX F5 =LGL F7 =DIM F8 =XFEAT F13 =SKTCH F6 =COMP MENU
PN10 ISC
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F A X M E S S A G E
CITY OF CLEARWATER
P.O. Box 4748
Clearwater, FL 33758 -4748
PUBLIC WORKS ADMINISTRATION /ENGINEERING
SENDING LOCATION FAX NUMBER: (727) 562 -4755
OFFICE TELEPHONE NUMBER: (727) 562 -4747
TO: Ap �) 14C,, - n A
Attn:
LOCATION:
FAX NUMBER:
FROM: 1 L U r `�
DATE: ZS�' 9 lb
MESSAGE:
NUMBER OF PAGES THIS MESSAGE (INCLUDING THIS COVER PAGE ),
URBAN FORES'T'RY
LANDSCAPE RE- INSPECTION
SITE: ma .
ADDRESS: G C�
DATE: &3 '
NORTH:
(T) /3 17
(S) i /(o
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14 �L ��
NOTICE OF HEARING
MUNICIPAL CODE ENFORECEMENT BOARD
CITY OF CLEARWATER, FLORIDA
Case No. 06 -99
Certified Mail
January 6, 1999
Owner: Clearwater Prop. Group c/o Kmart 3476
9450 Koger Blvd N, Suite 100
St. Petersburg, FL 33702
Violation Address: 2130 Gulf to Bay Boulevard
Sec. 13- 29 -15, M &B 14.03
Dear Sir /Madam!
You are hereby formally notified that on Wednesday, January 27, 1999, at 3:00 p.m. there will be a
public hearing before the Municipal Code Enforcement Board in the Commission Chambers, 3rd floor, City
Hall at 112 South Osceola Avenue, Clearwater, Florida, concerning a violation of Ch. 42.27, 5(h), 6 (a) &
(b), 7(a), and 8 (a) & (d) of the Clearwater City Code of Ordinances. (See attached Affidavit of
Violation).
You are hereby ordered to appear before the Municipal Code Enforcement Board on that date to answer
these charges and to present your side of the case. Failure to appear may result in the Board proceeding
in your absence. Should you desire, you have the right to obtain an attorney, at your own expense, to
represent you before the Board. You will also have the opportunity to present witnesses as well as
question the witnesses against you prior to the Board making a determination. Please be prepared to
present evidence at this meeting concerning the amount of time necessary to correct the alleged
violation, should you be found to be in violation of the City Code.
If the violation described in the attached Affidavit of Violation is corrected prior to the hearing scheduled
but recurs prior to the scheduled hearing date, the hearing will still be held as scheduled.
Should you be found in violation of the City Code, the Municipal Code Enforcement Board has the power
by law to levy fines of up to $250 a day against you and your property for every day that violation
continues beyond the date set in an order of the Board for compliance.
If you wish to have any witnesses subpoenaed, please contact the Secretary of the Municipal Code
Enforcement Board within five (5) days at 562 -4090. If you have any questions regarding the cited
violation, please contact the Inspector whose name appears on the affidavit of violation.
Sincerely,
")�YAA:�
SECRETARY
MUNICIPAL CODE ENFORCEMENT BOARD
The Municipal Code Enforcement Board was created pursuant to General Act 80 -300, General Laws of
Florida, 1979, and Ordinance No. 2169 of the City of Clearwater. This is a quasi - judicial Board whose
purpose is to facilitate the enforcement of certain codes of the City of Clearwater by creating a board of
seven citizens who may quickly and fairly render decision concerning violations of these codes.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD MUST
HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH AN APPEAL.
notice of hearing
AGENDA
CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
March 22, 2000 - 3:00 p.m.
1. PUBLIC HEARINGS
A. Case 19 -00
Arian Tenney
1320 Terrace Road
(outdoor storage) - Rosa
B. Case 20 -00 - Withdrawn, complied prior.
Klaus A. & -Joan M. Keller
400 S. Greenwood Avenue
(landscape) - Kurleman
C. Case 21 -00 — Dismissed by staff.
Herbert J. Furey & Joan G. Graf
18675 US19N, Lot 337
(building) - Chianella
D. Case 22 -00
Remzi Dalip
808 Normandy Road
(building) - Chianella
E. Case 23 -00 — Dismissed by staff.
Shirlee J. Martin & John R. Holloway
1802 -A Drew Street
(building) - Chianella
2. UNFINISHED BUSINESS
A. Case 20 -99 - Affidavit of Compliance
Discount Auto Parts Inc.
1600 N. Myrtle Avenue
(Landscape) - Kurleman
B. Case 01 -00 - Affidavit of Compliance
P & A Holdings
807 Jeffords Street
(LDC) - Doherty
C. Case 03 -00 - Affidavit of Compliance
Michael J. & Sheryl A. Hansen
1774 Bentley Street
(building) - Chianella
D. Case 09 -00 - Affidavit of Compliance
Viorel Caba
1970 Rainbow Drive
(public nuisance) - Doherty
3/22/00
E. Case 29 -99 - Affidavit of Non - Compliance
Vincent & Mary S. Centore
3216 Pine Haven Drive
(fence) - Phillips
3. OTHER BOARD ACTION /DISCUSSION
A. (Cont. from 2/23/00) Case 06 -99 - Addressing Board re fine
Clearwater Prop Group c/o Kmart 3476
2130 Gulf to Bay Blvd.
(landscape). - Kurleman.
4. NEW BUSINESS
A. Discuss Procedure Rules
5. NUISANCE ABATEMENT LIEN FILINGS
Jack V. Kennedy c/o Amoco Oil Co COD1999 -05473
21557 U.S. Highway 19 North $ 320.00
Sec 08- 29 -16, Metes and Bounds 33/06
6. APPROVAL OF MINUTES - 2/23/00
7. ADJOURNMENT
3/22/00 2
THE S` FRN pr-SIGH QnOUP, P.A.
LANDSCAPE ARCHITECTS, PLANNERS,
AND CONSULTANTS
55 SETOH TRAIL
ORMOHD BEACH. FLORIDA 33176
(904) 677 -4496
T R ITT A L
SHIPPED VIA
TO: 007DIIJR FILE:
C'. SUBJECT
DATE: �f 0
�� IT1NiS ENCLOSED
NO. OF LATEST DRAWING DESCRIPTION
COPIES REV. DATE /NUMBER
L 62)
REMARKS:
-lAAA-7 �
4
Jan Stern
The Stem Design Group, P.A.
55 Seton Trail
Ormond Beach, FL 32176
Dear Jan,
As per our conversation yesterday, please find enclosed a marked copy of the landscape design which you
submitted for the K -Mart on Gulf to Bay Blvd. in Clearwater. On the first sheet, areas in green are to be
incorporated into islands and planted. Areas circled in red are most important. We have figured that the
required parking is 4/1000 GFA including handicapped spots. Please let us know if you have figures
which disagree with this. If you have any questions about any of the comments on the second sheet please
do not hesitate in contacting either Scott (727.562.4746) or myself (727.562.4558). Our main concerns
are having a plan that will fit in with the spirit of One City, One Future and well as the vision for the Gulf
to Bay redevelopment. Please feel free to pass off the folks at K -Mart to Scott or myself if sparks start to
fly.
Thanks,
Mark Parry, Planner
cc. Scott Kurleman
AGENDA
CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
May 26, 1999 - 3:00 p.m.
1. PUBLIC HEARINGS
A. Case 12 -99
Kristen & Ryan Netschi
3201 Masters Drive
(LDG)-- .:_Doherty
B. Case 13 -99
Calvin M. Doyle
1268 Engman Street
(Building) - Wright
C. Case 14 -99
Beach Communities II, Inc.
Glen R. Johnson, Registered Agent
1350 Gulf Blvd.
(Public Nuisance Appeal) - King
2. UNFINISHED BUSINESS .
A. Case 25 -98 - Affidavit of Compliance
Thomas L. George, Jr.
417 N. Washington Avenue
(Building) - Scott
B. Case 08 -99 - Affidavit of Compliance
Michael & Patricia Vlamakis
2010 Drew Street
(LDC) - DeBord
C. Case 06 -99 - Affidavit of Non - Compliance
Clearwater Prop Group c/o Kmart 3476
2130 Gulf to Bay Blvd.
(LDC) - Kurleman
3. OTHER BOARD ACTION /DISCUSSION
4. APPROVAL OF MINUTES - 3/24/99
5. ADJOURNMENT
5/26/99 1
In the event the aforesaid violations are found, in subsequent proceedings by this Board,
not to have been corrected by the ordered compliance dates, the Respondent may be ordered to
pay a fine in the amount of two hundred fifty and no /100 dollars ($250.00) per day for each day
the exterior landscaping buffer violation continues beyond May 25, 1999, and /or the interior
landscaping violation co tinues be .y�ond�April 10; 1999:" °" "
irL: I
If Respondent doers not e'omply Within the time specified, a certified copy of the Order
imposing the fine may bkr-ecorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a liens against any real or personal property owned by the Respondent
pursuant to Chapter 162 of the Florida Statutes.
Should the violations reo,ccur, the Board has the authority to impose the fine at that time
without a subsequent hearing.
Any aggrieved party may petition the Board to reconsider or rehear any Board Order
resulting from a public hearing. A petition for rehearing must be made in writing and filed with
the Board Secretary no later than thirty days after the execution of the Order and prior to the
filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to
reconsider or rehear the case. The Board will not hear oral argument or evidence in determining
whether to grant the petition to reconsider or rehear.
DONE AND ORDERED this 24th day of February, 1999 at Clearwater, Pinellas County,
Florida.
Attest:
Mary i a
Board Secretary
MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF LEARWATER, FL RIDA
Helen Kerwin
Chair
Sent original order by certified mail with return receipt requested, to Clearwater Prop.
Group c/o Kmart Tax #3476, Devon Tax Group, LLC, 1777 NE Loop 410, Suite 1250, San
Antonio, TX 78217 -5234; and copies by certified mail with return receipt requested to
Clearwater Prop. Group, P. 0. Box 188, Blowing Rock, NC 28605; Kmart Corp., 1701 Stone
Mountain Ind. Blvd., Stone Mountain, GA 30083; Kmart Corp., CT Corp. System, R.A., 2100 S.
Pine Island Rd., Plantation, FL 33324; ancl Kmart Corp., Attn: Dennis Jarrard, 3100 W. Big
Beaver Rd., Troy, MI 48084 -3163, this day of March, 1999.
Mary VDia4a
Board Secretary
PLEASE RETURN TO:
CITY OF CLEARWATER
CITY CLERK DEPARTMENT
P.O.BOX 4748
CLEARWATER, FL 33758 -4748
A.
Found in Violation
MAR - 51999
PLANNING & DEVELOPMENT
SERVICES
CITY OF CLEARWATER
DEPARTMENT OF THE
CITY CLERK
Certified Mail
March 5, 1999
CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758 -4748
CITY HALL, 112 SOUTH OSCEOu AvENLE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562 -4090 FAx (727) 562 -4086
Clearwater Prop Group c/o Kmart 3476
Devon Tax Group LLC
1777 NE Loop 410, Suite 1250
San Antonio, TX 78217 -5234
Re: Case No. 06 -99
2130 Gulf to Bay Blvd., Clearwater, FL
Dear Sir /Madam:
Attached is the Findings of Fact, Conclusions of Law, and Order issued by
the Municipal Code Enforcement Board on February 24, 1999. Please note the
dates of compliance are April 10, 1999 for the exterior landscaping buffer and May
25, 1999 for the interior landscaping.
When you comply with the Board's Order, please call Scott Kurleman, Code
Inspector.
Sincerely,
Mary . Dia a
Board Secretary
Attachment
cc: Leslie Dougall- Sides, Assistant City Attorney
Scott Kurleman, Code Inspector
Clearwater Prop. Group, P. O. Box 188, Blowing Rock, NC 28605
Kmart Corp., 1701 Stone Mountain Ind. Blvd., Stone Mountain, GA 30083
Kmart Corp., CT Corp. System, R.A., 2100 S. Pine Island, Plantation, FL33324
Kmart Corp., Attn: Dennis Jarrard, 3100 W. Big Beaver Rd., Troy, MI 48084 -3163
Calvin E. Bell, Clearwater Prop. Group, 127 Quayside Dr., Jupiter, FL 33477
ONE CITY. ONE FUTURE.
PITA GARVEY, MAYOR - COMMISSIONER
ED HOOPER, VICE MAYOR - COMMISSIONER BOB CLARK, COMMISSIONER
J.B. JOHNSON, JR., COMMISSIONER KAREN SEEL, COMMISSIONER
F---
d
DEPARTMENT OF THE
CITY CLERK
Certified Mail
June 4, 1999
CITY OF CLEARWATER
POST OFFICE BOX 4748, CLEARWATER FLORIDA 33758 -4748
CITY MALI., 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562 -4090 FAx (727) 562 -4086
Clearwater Prop Group c/o Kmart 3476
Devon Tax Group LLC
1777 NE Loop 410, Suite 1250
San Antonio, TX 78217 -5234
Re: Municipal Code Enforcement Board Case No. 06 -99
2130 Gulf to Bay Blvd., Clearwater, FL
Dear Sir /Madam:
r
H D
I
E JUN _ 71999
PLANNING & DEVELOPMENT
SERVICES
CITY OF CLEARWATER
The Municipal Code Enforcement Board, at its meeting of May 26, 1999, accepted
an Affidavit of Non - Compliance and issued the Order imposing the fine in the above
referenced case, copies attached.
Please note the date for compliance was on or before April 10, 1999. Since you did
not comply with the Board's Order, a fine of two hundred fifty and no /100 dollars
($250.00) per day commenced as of April 11, 1999, and will continue to accrue until the
property is brought into compliance. Upon complying, please notify Scott Kurleman, Code
Inspector, so he can notify the Board of compliance.
Sincerely,
Mary . DI na, Secretary
Municipal Code Enforcement Board
Attachments
cc: Leslie Dougall- Sides, Assistant City Attorney
1--6L'btt Kurleman, Code Inspector
Kmart Corp., 1701 Stone Mountain Ind. Blvd., Stone Mountain, GA 30083
Kmart Corp., 'CT Corp. System, R.A., 2100 S. Pine Island, Plantation, FL33324
Kmart Corp., Attn: Dennis Jarrard, 3100 W. Big Beaver Rd., Troy, MI 48084 -3163
Calvin E. Bell, Clearwater Prop. Group, 127 Quayside Dr., Jupiter, FL 33477
ONE CITY. ONE FUTURE.
BRIAN J. AUNGST, MAYOR - COMMISSIONER
ED HOOPER, VICE MAYOR - COMMISSIONER BOB CLARK, COMMISSIONER
ED HART, COMMISSIONER ® J.B. JOHNSON, JR., COMMISSIONER
"EQuu EMPLOYMENT AND AFFIRA Tiw ACTION BTPLOYER"
� Ql,
0
9���i1EP t�oQ
CITY OF CLEARWATER - FORESTRY DIVISION
TREE REMOVAL .APPLICATION FORM
NAME OF OWNER: �/y) Fee Rec. So`�`fo • ��
Date Rec: g
LOCATION OF WORK: a Rec.
Clearwater, FL Rec't #�
REQUIRED REPLACEMENT TREES `3 /IIts✓
TREE REMOVAL PERMIT cl
NAME OF OWNER -mQ� REASON FOR REMOVAL:
OWNER'S ADDRESS I o 0 Construction
PHONE t]l; Cl Hazardous
SITE ADDRESS Q21 '� D_cl�dr_h D 0 Declining
LOCATION OF TREE(S) ON LOT ❑ Dead
SPECIES AND NUMBER OF TREE(S) S er ( city i
0),~c�
TO APPLICI)t t no fu�6�lphq. f S 15.00 for up to five trees to Fee Recd. $,
eke eve us S3. 'fir every tree above 5 to be Receipt #
removed is,require , , Date �a fi
1. For ne n�'i o�s�Ltlonj' Criiit�gris �r cf,cidifldl�irof a property which Involve the removal of a protected tree(s),
a site plan l�Cgf sul . 'This-.<I Oari must have am inimum scale of V =2 'for single family lots, or 1' =50' for all others. The
site plan-rri - t� yiino Nde:
a. Major Jhdn�s of Grade �+= I All easements and Rights -of -Way
b. Structur Locations J; All'Protected Trees Including:
$ -,� a
C, Drive � ' '(1)Dlameter of 4.5' above grade (DBH)
d. Parkin anfinpt.� (ii) Surveyed Location
e. Required Number of Parkin Spaces 4.- (Ilia) Species
f. Proposed Number of. orkl Sp'f es " , y (IV )MDiseased or Insect Infested Trees
g. Proposed'C1ergr 1 Utile (v }Trees to be Removed
h. Zonin6SetbJef ksf'e
. _..:t:' v ". .k�TreeB.drricade Detail &Locations
2. Protective barriers are regL
Intact during construction. The
3. Tree replacement minir
determine the number of rE
I hereby certify that as prop
to be removed Is wholly on
the tree(s) are located whi
Clearwater harmless In anj
gether with any plans subm
deviation from the permit
T 0,
.
Signature d o e o applic t
4.
Acldre
m
City �Stote�"„-yy
DO NOT WRITE BELOW;T
Inspector's Comments .E
( /' <?
Recommended Replacement TCee "s"
Required Replacement Trees:
These barricades must remain
1. See Inspectors note below to
verified that the tree(s) sought
d should It be determined that
yen, I agree to hold the City of
certify that this application to-
�sed removal of the tree(s). Any
lotion of Chapter 52, Code of
,'Ag. "cy Rep(eseritiri "(If Not Owner)
f6',�'Si y
,Ph ne
SignecJ >f3y City;Mggq.,9er or Ms „Designated Agent
Applicable Code Section: J 1 J ✓ l.t CL
Signed:
Inspector
Date
Based on the-Inspector's comments and Informati �.sttbmitted, the above removal application is:'
0 Approved as Submitted Approved- Modified as Noted Above 0 Denied
Signed; `CV -� t/ �`'� Date: (f” Cj)
City Manager or Designee
CLE,ARWATER
One Cily One Fulca•e.
Rita Garvey, Mayor - Commissioner '
Ed Hooper, 'ice Mayor- Commissioner Bob Clark, Commissioner
1362.0001 -GC J.B. Johnson, Jr., Commissioner Karen Seel, Commissioner
ater
U
Interoffice Correspondence Sheet
To: Rich Baier, City Engineer
From: _ iller, Assistant Director of Engineering/ENV
CC: Mike Quillen, Water Resources Engineer
Date: June 27, 1997
RE: K -Mart At 2130 Gulf -To-Bay Blvd.
I understand that Commissioner Johnson expressed concern about the condition of the
retention pond at the subject commercial establishment, and has also requested Staff
assistance to improve site conditions. The purpose for this memorandum is to update you on
the status of actions being taken at this property to improve retention pond conditions.
Environmental Management Staff are on top of this compliance issue. The K -Mart property
was inspected on May 16, 1997, and found to be in non -compliance for site landscaping and
the condition of the stormwater retention pond. A notice of non -compliance was sent to the
property owner, requiring replacement of one declining tree, replacement of 49 shrubs in the
east buffer, replacement of 3 trees in the interior landscape islands. Furthermore, the owner
was also required to remove the retention pond overgrowth and the sediment build -up from
the inlet pipes and drainage flumes. The owner has a July 21, 1997 compliance date.
Please inform Commissioner Johnson that we have every expectation that this project will be
completed by July 21, 1997, without further delay. Please let me know if any additional
information about the stormwater reinspection program is needed.
4
o
L�
05/16/1997
CITY OF CLEARWATER
POST OFFICE BOX 4748, CLEARR' m, FLORIDA 34618 -4748
NOTICE OF NON- COMPLIANCE
The City of Clearwater Environmental Management Office has
completed its stormwater and landscape inspection at your site.
The site is in non - compliance with the stormwater and /or
landscape ordinance's. If you have any questions regarding this
report, please call Rick Albee at (813) 562 -4741
SITE: K Mart
SITE ADDRESS: 2130 Gulf To Bay Blvd.
OWNER: Clearwater Property Group
OWNER REP.:
INSPECTION DATE: 05/15/1997
CODES VIOLATED: LANDSCAPE: Section 42.27 6(a) & 8(a)(d)
STORMWATER: Section 36.007 1(c)
REQUIREMENTS: LANDSCAPE: Replace declining tree (8' hgt) in the
west landscape buffer, 49 shrubs (18" hgt) in the east buffer
and 3 trees in the interior landscape islands adjacent to the
south buffer.
STORMWATER: Remove the overgrowth from the retention ponds them
remove the sediment build -up from the inlet pipes and drainage
flumes. 4 2 I e
COMPLIANCE DATE: 06 19(/1997
RECOMMENDATIONS: Request an on site meeting for a detailed
explanation of the requirements.
To insure compliance, a reinspection of the site will be
conducted after-the above compliance date. Failure to correct
the requirements by the compliance date will result in the
issuance of a "NOTICE OF VIOLATION ".
0
"EQUAL EMPLOYMLNT AND AFFIRMATIVE ACTION EMPLOYER"
TO:
FAX #:
FROM:
DATE:
MESSAGE:
FAX MESSAGE
CITY OF CLEARWATER
DEPARTMENT OF CENTRAL PERMITTING „
MUNICIPAL SERVICES BUILDING
100 S MY$TLE AVE,
P 0 BOX 4748
CLEARWATER, FL 337584748
OFFICE PHONE - (727) 5624567
FAX PHONE - (727) 5624576
tt
cj
NUMBER OF PAGES (INCLUDING THIS PAGE):
0
r1
CITY OF CLEARWATER
POST OFFICE Box-4748, CLEARWATER, FLORIDA 33758 -4748
TELEPHONE (813) 562 -4750 FAx (813) 562 -4755
AFFIDAVIT OF SERVICE
PUBLIC WORKS
ADMINISTRATION
STATE OF FLORIDA J
COUNTY OF PINELLAS]
A. Scott Kurleman being first duly sworn, deposes and says:
�. That I am a Forestry/Landscape Inspector employed by the City of
Clearwater.
2. That on the. 22nd day of July 1998,1_posted a copy of the attached
Notice of Violation for Kmart at Clearwater City Hail and at Kmart
2130 Gulf To Bay Blvd., Clearwater, Florida.
z"
Further Affiant sayeth not.
Signature
Sworn and subscribed before me this w2a day of ,
199 _L, by who is personally known to me.
OFFICIAL NOTARY
NEVA M PAYNE Notary ublic, State of Florida
NOTARY PUBLIC STATE OF FLORIDA ry
COMMISSION NO. CCSM946
MY COMMISSION EXP. NOV. 15,1999 Print or type name:
My Commission Expires: �I�!gig9
12 -06.97 ONE CITY. ONE FUn=.
Posting Affidavit
"EQUAL EMPi:OYMENT AND AFFIRMATIVE ACTION EMPIAYF "
I andror 2 for aadf MW WOCK i also wish to reo" the "
3, 4e, and b. ft> aMng services (for an
and a0dmea on ft tarana of ft form so #W we w rdurn 1N$ aem f88)'
ra "tl�b brm to lire front of to meNpieoe, or on ms Hack 0 W00 do" not 1. ❑ Addressee's Address p }
pwrit. *Wrfte'Rftm Receipt Roqusi Won ft rrmaipieoe below the article numbw 2. ❑ Restricted Delivery E A i\
rdThe Ad Recs4x wU stww to whom the aMde was delivered and the data pOSUrlaStef for fee. �� r
�A , FLOwDA -
VArf-id_e_Addressed to:
j -7 I M�
ft1I
PS Form 3811, Deoember 1894 /
alai' 1
r1 Postmark a Date
LL
- SITE• Kmart #3746
4a. Article Number
fr
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FAx (813)1
,571 4,57 q4j
1
4b. Service Type
i
❑ Registered certified
❑ Express MaNi ❑ fed
w ( i
Retitm Reoept for Mamto dse ❑ OOD
7. Data of Dallvaty
8. Addressee's Address (Ordy N requested
=
and fee is pakQ
FEE
l ft {{i ii;t tit!! i i SS
t it ti mill Viii i i
iomw -e- i? 0. tic Retum Receipt
dope Ordin
ent or modification. Ques
at the time of developm t
Scott Kurleman at 813 - 562474
�uld be directed to
..
l
Y
SITE ADDRESS: 2130 Gulf To Bay Blvd. #;
PARCEL I.D. # 13- 29 -15- 00000 - 140 -0300
INSPECTION DATE: 04 -24-98
r
NOTICE OF NON - COMPLIANCE SENT: 04 -27 -98
ORIGINAL COMPLIANCE DATE: 06 -03 -98
NOTICE OF VIOLATION COMPLIANCE DA'Z'E: 08 -10 -98
CODES VIOLATED: 42.27 5 (h), 6 (a) (b), 7 (a), & 8 (a) (d).
o
REQUIREMENTS: Replace (20) shade trees, and (1254) shrubs. Install
irrigation system. SEE NOTICE OF NON - COMPLIANCE.
Failure to correct the VIOLATIONS by the notice of violation coml
result in legal action by the Code Enforcement Board of the City of C
Pinellas County.Court. Such action may result in a fine.
SIGNATURE:
ONE CITY. ONE FunM.
"EQUAL FMPIAYMENT AND AFFWMATM ACTION EMPLOYW
Ind YW nan+e and address
alms by means of the
--
de. Erwdy�om
an authorize
the article.
,spaces on
Kks in hem
Os
rn
PUBLIC WORKS
ADMINISTRATION
July 21, 1998
CITY OF C LEARWA-TE R
r05T OFFICE BOX 4748, CtaxaATER, FLORIDA 33758 -4748
TELEPHONE (813).562-4750 FAx (813) 562 -4755
NOTICE OF VIOLATION
i
The below referenced site is still in non - compliance with the landscape ordinance and
landscape plan submitted at the time of development or modification. Questions V. '
concerning this report should be directed to Scott Kurleiian at 813- 5624746.
SITE: Kmart #3746 ,f
SITE ADDRESS: 2130 Gulf To Bay Blvd.'
PARCEL LD. # 13- 29 =15= 00000 - 140 - 0300 ,";` -
INSPECTION. DATE: 04 -24 =98
NOTICE OF NON- COMPLIANCE SENT: 04 -27 -98 " r
%t. P.
i
ORIGINAL COMPLIANCE DATE: 06 -03 -98
NOTICE OF VIOLATION COMPLIANCE DAVE:,`08 =10 -98
CODES.VIOLATED: 42.27 5 (h); 6 (a) (b), -7 (a); & 8.(a) (d).-
REQUIREMENTS: Replace (20) shade trees, and (1254) shrubs. Install or repair
irrigation `system. SEE NOTICE OF NON - COMPLIANCE.
Failure to correct the VIOLATIONS by the notice of violation compliance date will;;
result' in :legal action by the {Code Enforcement Board of the City of°Clearwater, or. by `the.
Pinellas' County Court. Such -action m ay result in a
SIGNATURE: A x
Orre CITY. ONE FvWM
"EQUAL EMPLOYMENT AND Amtmaw AcnoN Em LOYER"
a z a
PI:BIUC WORKS
ADMINISTRAnON
L=
CITY OF CLEARWATER
dz
r POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748
TELEPHONE (813) 562 -4750 FAx (813) 562 -4755
NOTICE OF VIOLATION
July 6, 1998
The below referenced site is still in non - compliance with the landscape ordinance and
landscape plan submitted at the time of development or modification. Questions
concerning this report should be directed to Scott Kurleman at 813 -562 -4746.
SITE: K -mart #3746
OWNER: Clearwater Property Group
PARCEL #: 13- 29 -15- 00000 - 140 -0300
SITE ADDRESS: 2130 Gulf To Bay Blvd.
INSPECTION DATE: 04 -24 -98
NOTICE OF NON - COMPLIANCE SENT: 04-27-98.
ORIGINAL COMPLIANCE DATE: 06 -03 -98
NOTICE OF VIOLATION COMPLIANCE DATE: 07 -22 -98
CODES VIOLATED: . 42.27 5 (h), 6 (a) (b), 7 (a), & 8 (a) (d).
REQUIREMENTS: Replace (20) shade trees, and (1254) shrubs. Install or repair
irrigation system. SEE NOTICE OF NON - COMPLIANCE.
Failure to correct the VIOLATIONS by the notice of violation compliance date will
result in legal action by the Code Enforcement Board of the City of Clearwater, or by the
Pinellas County Court. Such action may result in a fine.
SIGNATURE:
ONE CITY. ONE FuruRE.
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
�$itQ4 Oaf
it
PUBLIC WORKS
ADMINISTRATION
August 17, 1998
CITY OF CLEARWATER
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748
TELEPHONE (813) 562 -4750 F.,x (813) 562 -4755
NOTICE OF VIOLATION
The below referenced site is still in non - compliance with the landscape ordinance and
landscape plan submitted at the time of development or modification. Questions
concerning this report should be directed to Scott Kurleman at 727 -562 -4746.
SITE: Kmart #3746
SITE ADDRESS: 2130 Gulf To Bay Blvd.
PARCEL I.D. # 13- 29 -15- 00000 - 140 -0300
INSPECTION DATE: 04 -24 -98
NOTICE OF NON - COMPLIANCE SENT: 04 -27 -98
ORIGINAL COMPLIANCE DATE: 06 -03 -98
NOTICE OF VIOLATION COMPLIANCE DATE: 10 -15 -98 (Affidavit of Service
issued on 07- 22 -98).
CODES VIOLATED: 42.27 5 (h), 6 (a) (b), 7 (a), & 8 (a) (d).
REQUIREMENTS: Replace (38) shade trees, and (1254) shrubs. An additional 12" of
shade tree caliper will need to be replaced if the two Oaks conflicting with store sign are
removed. Install or repair irrigation system. SEE NOTICE OF NON - COMPLIANCE.
Failure to correct the'VIOLATIONS by the notice of violation compliance date will
result in legal action by the Code Enforcement Board of the City of Clearwater, or by the
Pinellas County Court. Such action may result in a fine.
SIGNATURE•
ONE CnY. ONE FIRURE.
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EmpLoYER"
4 pCITY OF CLEARWATER
POST OFFICE BOX 4748
CLEARWATER, FLORIDA 33758-4748
-rit-of
1998
JUL 8
CITY Of CLEARWA!"'
L—PUBLIC WORKS ADkT,!i':—
CERTIFIED
'P 571 457 942
F 'T ij
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c' SENDER: __
a aComplete Items 1 and/or 2 for additional services.
CO ■Complete items 3, 4a, and 4b.
•Print your name and address on the reverse of this form so that we can return this
card to you.
■Attach this form to the front of the rnailpieos, or on the back if space does not
permit.
m ■Write'Retum Receipt Requested' on the mailpieoe below the article number.
■The Return Receipt will show to whom the article was delivered and the date
delivered.
0
m 3. Article Addressed to: 4a: Article N
W
E �t� 4b. Service Type
❑ Registered )4ertifiet
!
OExpress Mail ❑ Insured
�,�� r I%� p Z, XSeturn Receipt for Merchandise ❑ COD
7. Date of Delivery
5. Received By: (Print Name) 8. Addressee's Address (only if requested
and fee is paid)
g 6. Signature: (Addressee or Agent)
a°. X
a4
I also wish to receive the
following services (for an
extra fee):
1. ❑ Addressee's Address
2. ❑ Restricted Delivery
Consult postmaster for fee.
.I 147,
PS Form 3811, December 1994 102595 -97-13-0179 D
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PUBLIC WORKS
ADMINISTRATION
July 6, 1998
CITY OF CLEARWATER
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748
TELEPHONE (813) 562 -4750 FAX (813) 562 -4755
NOTICE OF VIOLATION
The below referenced site is still in non - compliance with the landscape ordinance and
landscape plan submitted at the time of development or modification. Questions
concerning this report should be directed to Scott Kurleman at 813 -562 -4746.
SITE: K -mart #3746
OWNER: Clearwater Property Group
PARCEL #: 13- 29 -15- 00000- 140 -0300
SITE ADDRESS: 2130 Gulf To Bay Blvd.
INSPECTION DATE: 04 -24 -98
NOTICE OF NON - COMPLIANCE SENT: 04 -27 -98
ORIGINAL COMPLIANCE DATE: 06 -03 -98
NOTICE OF VIOLATION COMPLIANCE DATE: 07 -22 -98
CODES VIOLATED: 42.27 5 (h), 6 (a) (b), 7 (a), & 8 (a) (d).
REQUIREMENTS: Replace (20) shade trees, and (1254) shrubs. Install or repair
irrigation system. SEE NOTICE OF NON - COMPLIANCE.
Failure to correct the VIOLATIONS by the notice of violation compliance date will
result in legal action by the Code Enforcement Board of the City of Clearwater, or by the
Pinellas County Court. Such action may result in a fine.
SIGNATURE: /� C�,
ONE CITY. ONE FUTURE.
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
1
05/16/1997
C.ITY OF C LEARWATER
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 34618 -4748
NOTICE OF NON - COMPLIANCE
The City of Clearwater Environmental Management Office has
completed its stormwater and landscape inspection at your site.
The site is in non- compliance with the stormwater and /or
landscape ordinance's. If you have any questions regarding this
report, please call Rick Albee at (813) 562 -4741
SITE: K Mart
SITE ADDRESS: 2130 Gulf To Bay Blvd.
OWNER: Clearwater Property Group
OWNER REP.:
INSPECTION DATE: 05/15/1997
CODES VIOLATED:LANDSCAPE: Section 42.27 6(a) & 8(a)(d)
STORMWATER: Section 36.007 1(c)
REQUIREMENTS:LANDSCAPE: Replace declining tree (8' hgt) in the
west landscape buffer, 49 shrubs (18" hgt) in the east buffer
and 3 trees in the interior landscape islands adjacent to the
south buffer.
STORMWATER: Remove the overgrowth from the retention ponds them
remove the sediment build -up from the inlet pipes and drainage
flumes.
COMPLIANCE DATE: 06 19/1997
RECOMMENDATIONS:Request an on site meeting for a detailed
explanation of the requirements.
To insure compliance, a reinspection of the site will be
conducted after the above compliance date. Failure to correct
the requirements by the compliance date will result in the
issuance of a "NOTICE OF VIOLATION ".
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION ESIPLOYER"
ENVIRONMENTAL
MANAGEMENT
CITY OF CLEARWATER
MUNICIPAL SERWES BUILDING, 100 SOUTH MYRTLE AVENUE
POST OFFICE BOX 4798, CLEARWATER, FLORIDA 34618 -4745
TELEPHONE (813) 5624747 FAx (813) 562 -4755
NOTICE OF COMPLIANCE
10/09/1997
The City of Clearwater Environmental Management Office has
completed its compliance stormwater and landscape reinspection
at your site. The site now meets the requirements set forth by
the stormwater and landscape ordinance's. If you have any
questions regarding this report, please contact Rick Albee at
(813) 562 -4741.
SITE: K Mart
SITE ADDRESS: 2130 Gulf To Bay Blvd.
OWNER: Clearwater Property.Group
OWNER REP.: Carl Sherman
Original Compliance Date: 07/21/1997
INSPECTION DATE: 10/07/1997
RECOMMENDATIONS: Typical irrigation systems cycled at twice
a week do not supply enough water for newly planted landscape
material. At this time Southwest Florida Water Management
District ( SWFWMD) allows watering of new landscape material on a
daily basis for 30 days. To obtain current watering
restrictions, call SWFWMD at 17800 - 848 -0499.
Inspect drainage system periodically for clogged drains, sediment
buildup, erosion and overgrowth; then maintain as needed to
insure future compliance.
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER
C I T Y 0-7 C L E A R W A T E R
POST OFFICE BOX 4748
CLEARWATER, FLORIDA 34618 -4748
,-'.X i
NOTICE OF NON- COMPLIANCE
April 19, 1994
The City of Clearwater Environmental Management Office has
completed its landscape inspection at your site. The following
report is the result of our inspection. If you have any questions.
regarding this report, please contact Rick Albee at (813) 462 -6598.
SITE:K Mart
2130 Gulf to Bay Blvd.
OWNER_:K -Mart Corp. #3476
OWNER REP.:
INSPECTION DATE:04 /19/94
CODES VIOLATED:Sec.42.27 (3) (a) , (4) (a) , (8) (a)
DEFICIENCIES: Requires replacement of 1 dead Crape Myrtle within the
interior island and one in the south (Gulf to Bay Blvd.) buffer.
COMPLIANCE DATE:05/24/94
RECOMMENDATIONS:Other Crape.Myrtles appear to be declining, trim
die -back off these trees to stimulate new growth. If these trees
continue to decline, replacements will be.required.
INSPECTOR: Rick Albee
To insure compliance, a reinspection of the site will be conducted
after the compliance date. Failure to correct the deficiencies by
the compliance date will result in the issuance of a formal "NOTICE
OF VIOLATION ".
non.. rj a
to
''Equal Employment and Affirmative Action Employer''
w,
,1, �.;. C I T Y -O F C L E A R W A T E R
4. �. 1 •
POST OFFICE BOX 4 74 8
CLEARWATER, FLORIDA 34618 -4748
NOTICE OF NON - COMPLIANCE
August 18, 1994
The City of Clearwater Environmental. Management Office has
completed its landscape inspection at your site. The following
report is the result of our inspection. If you have any questions
regarding this report, please contact Rick Albee at (813) 462 -6598.
SITE:K Mart
2130 Gulf to Bay Blvd.
OWNER:K -Mart Corp. #3476
OWNER REP.:Roy Merchant
INSPECTION DATE:08 /17/94
CODES VIOLATED:Sec.42.27 (3) (a) , (4) (a) , (6) (a) , (8) (a)
DEFICIENCIES: Requires replacement of 36 shrubs within the east
landscape buffer, 60 shrubs and 3 trees in the south buffer; 17
shrubs in the west buffer, and 47 shrubs and 3 trees within the
interior islands. Per approved landscape plan.
COMPLIANCE DATE:09/23/94
RECOMMENDATIONS: Install xeric landscape material.
INSPECTOR: Rick Albee
To insure compliance,a reinspection of the site will be conducted
after the compliance date. Failure to correct the deficiencies by
the compliance date will result in the issuance of a formal "NOTICE
OF VIOLATION ".
non.ra
C E N T R E S
Avg-
CENTRES CONSTRUCTION OF WISCONSIN, INC.
June 11, 1997
Mr. Rick Albee
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618 -4748
Re: K -Mart .
2130 Gulf to Bay Blvd.
Dear Mr. Albee:
I had a conversation on this date with Mr. Tom Miller of your office and requested on
behalf of K -Mart Corporation an extension of 30 days to bring the above referenced
project into compliance in accordance with your May 16, 1997 letter to the Owner. Mr.
Miller has granted a time extension until July 19, 1997.
All further correspondence should be directed to Mr. Carl Sherman of K -Mart
Corporation (Tel. 813 - 799 - 7066). He will be handling this from now on since per their
lease with Clearwater Property Group, they are responsible for maintaining the landscape
and irrigation.
Thank you for your assistance regarding this matter.
Srely,
/p/ aul A. Gorshe
cc: Carl Sherman, K -Mart Corporation
Calvin Bell
at
Construction/Construction. Management
CA ... \misc \albe ) 968 -5547 Fax (813) 269 -9436 14502 N. Dale Mabry, Ste. 329, Tampa, FL 33618
(414) 781 -8760 Fax (414) 781 -4333 3315 N. 124th St., Ste. E, Brookfield, WI 53005
Lic.# CBC050043
[ ,1
City of Clearwater
Interoffice Correspondence Sheet
TO: Richter, John
FROM: Kurtz, Timothy M.
COPIES: Kronschnabl, Je Quillen, M.; Arasteh, M.
SUBJECT: K -Mart - 2130 Gulf to Bay Blvd.
DATE: April 7, 1998
I received a call from Todd Presman, on Thursday, April 2, 1998, asking me to look at the
landscaping on above referenced site. As you know K -Mart has applied for a sign
variance and has been asked to upgrade their. existing landscaping up to and beyond the
proposed Landscape Code. I reviewed our records on this site and found the following:
• 01/23/92 - DEVELOPMENT REVIEW COMMITTEE - ITEM # 5 - K -MART
EXPANSION (Conditions required submittal of a Landscape Plan to Environmental
Management & Planning for review. This Landscape Plan was to illustrate proposed
landscaping in several areas, including the frontage at Gulf to Bay.)
• 02/17/92 - LANDSCAPE PLAN SUBMITTED TO CITY
• 04/06/92 - PLANS APPROVED BY DEPUTY CITY CLERK (Subject to condition
that all dumpsters located on site be screened and landscaped accordingly.)
• 08/23/94 - NOTICE OF NON - COMPLIANCE ISSUED BY CITY - Landscaping
(i.e., 160 code required shrubs and 6 code required trees need to be replaced.)
• 12/19/94 - NOTICE OF COMPLIANCE ISSUED BY CITE - Inspected 12/16/94
• 05/16/97 - NOTICE OF NON - COMPLIANCE ISSUED BY CITY - Landscaping &
Environmental (i.e., 49 code required shrubs and 4 code required trees need to be
replaced. Retention ponds overgrown and sediment build -up from inlet pipes and
drainage flumes required.)
• 10/09/97 - NOTICE OF COMPLIANCE ISSUED BY CITE - Inspected 10/07/97
Upon reviewing the above information I met on site with Alan Mayberry, Scott Kurleman
and Rick Albee on Friday, April 3, 1998. We looked primarily at the frontage at Gulf to
PRESSMAN & ASSOCIATES, INC,
'Governmental Affairs and Public Relations
28870 US Highway 19 N., Ste #300 • Clearwater, FL 33761
Ph. 813 - 726 -VOTE (8683) • Pager 1- 800 - 864 -8444 r�
Fax 813- 796 -3975 Aq<rez - in Z C ! N
`(144 yw ' JG � ( NI P Q
Todd Pressman �u�P�
President
Bay and noted that the existing landscaping is in poor shape. Records indicate that
another inspection of this site's landscape is scheduled for sometime in May 1998. It is
apparent that a Notice of Non - Compliance will be issued for the landscape again. In
addition, there are two (2) Live Oak Trees located along the right -of -way of Gulf to Bay
that have been "topped" which is in violation of the City's Tree Ordinance. It was
unanimously agreed that the lack of irrigation on this site is a serious problem, and until
something is done about it the City will have a continuing problem with this site.
I called Mr. Presman back and explained that there needs to be a functioning irrigation
system on this site. He asked if irrigation was originally required. I informed him that
"yes" it should have been installed with the originally "Approved Landscape Plan." Our
brief inspection found no evidence of any irrigation system components on site, and the
existing landscape has little or no resemblance to the "Approved Landscape Plan." I told
Mr. Presman that a new Landscape Plan needs to be prepared. The new plan could
address all of the current issues on site. I offered to review this plan and assist with
appropriate plant selections. I feel that through proper plant selection and placement the
required maintenance can be reduced and the need to trim the trees for sign visibility will
be eliminated. Mr. Presman wanted to know how much all of this will cost. (i.e., $500,
$5,000, $50,000) I told him that without a plan I had no idea, but the irrigation system
alone will cost a lot. Toward the end of our conversation Mr. Presman said that he does
not think K -Mart will spend the money on this site. I told him I would discuss the
situation with John Richter, and I hope some agreement can be reached.
UNITED STATES POSTAL SERVICE
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USPS
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• Print your name, address, and ZIP Code in this box •
CITY OF CLEARWATER
ERONMENTAL MANAGEMENT
P.O. BOX 4748
6%WATER, FLORIDA 34698-4748 €
GjEA
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Albee. Rick
From: Rick Albee
Sent: Wednesday, June 25, 1997 8:37 AM
To: Michael Quillen
Subject: RE: Pond Reinspection @ KMart, Gulf -To -Bay & Belcher
Mike- K -mart has been inspected and the retention ponds have been addressed. I have talked with the
represenative and explained our requirements. An extension was granted for a new compliance date of July 21,
1997. Rick
From: Michael Quillen
Sent: Wednesday, June 25, 1997 8:00 AM
To: Rick Albee
Subject: FW: Pond Reinspection @ KMart, Gulf -To -Bay & Belcher
Rick- please let Tom know if we can do anything... M.Q.
From: Tom Miller
Sent: Tuesday, June 24, 1997 5:40 PM
To: Michael Quillen
Subject: Pond Reinspection @ KMart, Gulf -To -Bay & Belcher
M ... Commissioner Johnson expressed high praises about our landscape reinspection program to RB and I am
passing along to you what RB shared w /me. Apparently, Commissioner J also commented how "overgrown"
KMart retention pond was and asked if anything could be done to improve the appearance. Would you
investigate this and let me know how to respond back to Commissioner J ... Thanks ... T
Page 1
Albee, Rick
From: Rick Albee
Sent: Wednesday, June 25, 1997 8:37 AM
To: Michael Quillen
Subject: RE: Pond Reinspection @ KMart, Gulf -To -Bay & Belcher
Mike - K -mart has been inspected and the retention ponds have been addressed. I have talked with the
represenative and explained our requirements, An extension was granted for a new compliance date of July 21,
1997. Rick
From: Michael Quillen
Sent: Wednesday, June 25, 1997 8:00 AM
To: Rick Albee
Subject: FW: Pond Reinspection @ KMart, Gulf -To -Bay & Belcher
Rick- please let Tom know if we can do anything... M.Q.
From: Tom Miller
Sent: Tuesday, June 24, 1997 5:40 PM
To: Michael Quillen
Subject: Pond Reinspection @ KMart, Gulf -To -Bay & Belcher
M ... Commissioner Johnson expressed high praises about our landscape reinspection program to RB and I am
passing along to you what RB shared w /me. Apparently, Commissioner J also commented how "overgrown
KMart retention pond was and asked if anything could be done to improve the appearance. Would you
investigate this and let me know how to respond back to Commissioner J ... Thanks ... T
Page 1
Albee, Rick
From:
Sent:
To:
Cc:
Subject:
Albee, Rick
Thursday, October
Baier, Richard
Miller, Tom
09, 1997 2:43 PM
K -Mart retention pond
Rich, we have achieved compliance with the retention pond overgrowth at the K -Mart on Gulf to Bay Blvd. I have
been in contact with the property manager to insure that the site is maintained in accordance with our
requirements. If you need any further info. please call.
Rick
Page 1
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P.O. Box 4748
Clw., Fl. 34618-4748
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• Complete items 1 and/or 2 for additional services.
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O W N E R S H I P
CLEARWATER PROP GROUP Prop Address:
C/O K -MART CORP #3476 2,130 GULF TO BAY BLVD
2901 CLAIRMONT RD NE NONRESIDENTIAL Tenancy: PARTNERSHIPS ETC
ATLANTA, GA Pet#: 508 LEASEHOLDER
30329 1611 Book: 7956 Page: 0959
Tax Dist: CW Fire /TIF Dist: Dlqnt Stat:
Prop Use Code: 323 Land Use Code: 16 Household:
Exmpt.. 1) 0 2) 3) 4) 5) 6) 7)
9 J U V A L U E
4, 4 3 0, 2 0 0
9 E X E M P T I T A X E S 3
Hx: 0 Wx: 0 Dx: 0 Tx:
Nx: 4,430,200 93 Tax: 100,080.88 Spec Tax: .00
S H 0 L E G A L C E N T R 0 I D
BEG SW COR RAINBOW DR AND MAIN AVE RUN S 49 6 . FT TH W
195FT TH S 154FT TO N R/W GULF TO BAY BLVD TH W 450
M 0 R E L E G A L S E X I S T E X I :S T
Note Cade:
0 Escrow Code:
8 ) .. Status
0 Ax: 0
Tx %: .00
X 258,063
Y: 319,318
Alt -Z FOR HELP3 ANSI 3 FDX 3 2400 N81 3 LOG CLOSED 3 PRINT OFF 3 ON-LINE
P 571 545 195
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse)
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Street & Number
Post Office, State, & ZIP Code
Postage
$
Certified Fee
Special Delivery Fee
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Q Retum Receipt Showing to Whom,
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0 TDTAL Postage & Fees
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charges for any selected optional services (See front).
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6. Save this receipt and present it if you make an inquiry
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Interoffice Correspondence Sheet
To: Vice Mayor J.B. Johnson
From: Richard Baier
CC: . The Honorable Mayor & City Commissioners
Michael Roberto, City Manager
Date: October 17, 1997
RE: Gulf to Bay K -Mart
In June of 1997 you had commented to me about the Gulf to Bay K_Mart retention pond being
over grown and had asked if anything could be done to improve its appearance. Since that time
Environmental Management Staff has -achieved compliance after issuing a Notice of Non-
compliance. The management company voluntarily cleaned up the retention. pond as well as added
landscaping that was deficient on the site.
If you need any further information or have any question , please do not hesitate to call.
GTOP,HWNTER INSPECTION Rt Poftt
PARCEL:
SITE AbDRESS:
BASIN: BASIN NO.
DRAINAGE AREA: -------
REQUIRED VOL.: PROP. VOL.:
POND TYPE
WEIR TYPE:
PROPOSED
WEIR: L:- D:_
SKIMMER:
UNDERDRAIN:
UNDEREfRAIN C.O.:
LITTORAL SHELF:
lJOTES
INSP.DATE:
EROSION:—
DENUDED:
POND CONSTRUCTED PER PLAN
CONTROL STRUCTURE CONST. PER PLAN
COMMENTS
EXISTING '
WEIR: L! D!
SKIMMER:
UND.ERDRhI0!
LITTORAL 8AEblF!*-
OVERGROWN:
COLLECTION
I
PN10 -01 CITY OF CLEARWATER ATTN :ENGI
PARCEL ID 13- 29 =15- 00000 - 140 -0300 PAZIP YRBLT /EFF FLRS TOT SQFT $ /SQFT AVR
2130 GULF TO BAY BLVD 34625 1979 1985 98,792 7.89 0.17
OWNER'S NAME AND ADDRESS V P W G BLDGS == IMPROVEMENT == HEAT SQFT
CLEARWATER PROP GROUP 1 20 STORE 89,616
C/O KMART CORP TAX-#3476 LEGAL DESCRIPTION CENSUS PBOOK /PG
1701 MOUNTAIN IND BLVD BEG SW COR RAINBOW DR AND 267.03
STONE MOUNTAIN, GA 30083 MAIN AVE RUN S 496.FT TH W NBHD
LOT SIZE = => ISC COUNTY 195FT TH S 154FT TO N R/W
378,536 SQ FT GULF TO BAY BLVD TH W 450
YEAR IMPROVEMENT LAND ASSESSMENT AS /FT YEAR TAXES PD D TX /FT
1996 2,446,000 1,998,700 4,444,700 44.99 1996 101,644.07 Y N 1.02
SALE DATE AMOUNT BOOK /PAGE DT Q T SALE DATE AMOUNT BOOK /PAGE DT Q T
MAY 1992 780f000 7895 1678 U K
MKT YR BLDG
96 2446,000 199
MORTGAGE COMPANY
SELLER'S NAME
ENTER =FWD F1 =DOCS
PN10
To T-1
LAND
8,700
F2 =BI
L (9 U
TOT VALUE = = = == LAND / PROPERTY USE = = = == HOMESTD LP
4,444,700 11 323 SUPERMARKET /SUPERSTORE 0 N
AMOUNT DATE MTG TYPE RATE NUMBER
GEN REVIEW DATE BLDG REVIEW DATE
23- JAN -92 03- OCT -95
DG F4 =TAX FS =LGL F7 =DIM F8 =XFEAT F13 =SKTCH F6 =COMP MENU
I S C
fl/ &I, w. aepX= &
O
Carl M. Sherman Kmart Corporation
Facilities Manager 26996 US Highway 19 North
Clearwater FL 34621
(813) 799 -7066
Fax 799 -7565
Pager 800 452 5208
ENVIRONMENTAL
MANAGEMENT
CITY OF C LEARWATE R
MUNICIPAL SERVICES BUILDING, 100 SoUTH MYRTLE AVENUE
POST OFFICE Box 4748, CLEARWATER, FLORIDA 34618 -4748
TELEPHONE (813) 562 -4747 FAx (813) 562 -4755
Clearwater Property Group
111 Commodore Dr.
Jupiter, FL 33477 -4005
Re:K Mart, 2130 Gulf To Bay Blvd.
04/01/1997
The City of Clearwater has initiated a stormwater retention
pond and landscape reinspection program which will affect all
sites with approved stormwater treatment systems and /or
landscape plans filed with the City of Clearwater. This courtesy
letter is to serve as notification that you or your organization
owns property which is included in this program.
The Environmental Management Group will be conducting site
inspections to determine compliance with the city's Land
Development Code, Sections 36.007, 42.27,and /or 42.33 If the
initial inspection finds the site in compliance, no further
action will be taken. However, if the site is found to be in
noncompliance, you will be given an opportunity to bring the
site into compliance. Failure to do so will result in a notice
of violation being issued to the present owner or owners. The
violation will explain the code(s) violated, nature of the
violations and required correction date. Failure to correct the
listed violations by the date indicated will result in legal
action by the Municipal Code Enforcement Board of the City of
Clearwater. (Sec.162.06 (2) F.S.).
This program is intended to improve the quality of surface
waters of the city and appearance of off - street parking lots and
other vehicular use areas, to protect and preserve the
appearance and value of the surrounding neighborhoods, to
improve the urban and natural environment and to promote the
general welfare through the installation and.maintenance of
stormwater retention ponds and landscaping, for screening,
environmental and aesthetic effects.
Please contact Rick Albee at the Environmental Management
Group at (813) 562 -4741 for information concerning stormwater
and /or landscape requirements or if you have any questions
regarding the inspection program.
Sincerely,
Michael D. Quillen, P.E.
Water Resource Engineer
RA
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
CITY O F C L E A R W A T E R
! POST OFFICE BOX 4748
"r? CLEARWATER, FLORIDA 34618 -4748
�I
NOTICE OF COMPLIANCE
December 19, 1994
The City of Clearwater Environmental Management Office has
completed its compliance landscape reinspection at your site. The
site now meets the requirements set forth by the landscape
ordinance in effect at the time of site development, or
modification.
SITE:K Mart
2130 Gulf to Bay Blvd.
OWNER:K -Mart Corp. #3476
OWNER REP:Roy Merchant
ORIGINAL COMPLIANCE DATE:09/23/94
INSPECTION DATE:12 /16/94
RECOMMENDATIONS: Maintain landscaping in a healthy growing
condition to insure future compliance. Typical irrigation systems
cycled at. twice a week do not supply enough water for newly planted
landscape material. At this time Southwest Florida Water Management.
District .;(SWFWMD) allows watering of new landscape material on a
daily basis for 30 days. To obtain current watering restrictions
call SWFWMD at 1- 800 - 848 -0499.
noc2.rja
"Equal Employment and AIIirr =`!ve Action E mpIoyer"
_ t
Of f ice
C I T Y ,_O F
of Environmental Management
K -Mart Corp. #3476
2130 Gulf to Bay Blvd.
Clw., FL 34625
K Mart
C L E A R ,W A T E R
POST OFFICE BOX 4748
CLEAPWATER, FLORIDA 94618 -4748
August 18, 1994
The City of Clearwater has initiated a landscape reinspection
program which will affect all commercial sites with approved
landscape plans filed with the City of Clearwater. This courtesy
letter is to serve as notification that you or your organization
owns property which is included in this program.
The Environmental Management Group will be conducting site
inspections to determine compliance with the city Beautification
Plot Plan, Sec. 131.221 effective December, 1981 and Land Development
Code, Sec. 136.023 effective October 14,1985. If the initial
inspection finds the site in compliance no further action will be.
taken. However, if the site is found. to be in noncompliance you
will be given an opportunity to bring the site into compliance.
Failure to do so will result in a notice of violation being issued
to the present owner or owners. The violation will explain the
code(s) violated, nature of violations and required correction
date. Failure to correct the listed violations by the date
indicated will result in legal action by the Municipal Code
Enforcement Board of the City of Clearwater. (Sec.162.06 (2) F.S.) .
This program is intended to improve the appearance of off
street parking lots and other vehicular use areas, to protect and
preserve the appearance and value of the surrounding neighborhoods,
to improve the urban and natural environment and to promote the
general welfare through the installation and maintenance of
landscaping for screening,environmental and aesthetic effects.
Please contact Rick 'Albee at the Environmental Management
Group at (813)462 -6598 'for information concerning landscape
requirements or if you have any questions regarding the
reinspection program.
Sincerely,
fvt2 M 4
Mi hael D. Quillen, P.E.
Water Resource Engineer
too
' ' E q u a l E m p l o y m e n t a n d A f f i r m a t i v e A c t i o n E m p l o y e r ' '
C I T Y OF C L E A R W A T E R
POST OFFICE BOX 4748
CLEARWATER, FLORIDA 34618 -4748
Office of Environmental Management February 23, 1994
K -Mart Corp. #3476
2901 Clairmont Rd. NE
Atlanta, Ga. 30329 -1611
K Mart
The City of Clearwater has initiated a landscape reinspection
program which will affect all commercial sites with approved
landscape plans filed with the City of Clearwater. This courtesy
letter is to serve as notification that you or your organization
,owns property which is included in this program.
The Environmental Management Group will be conducting site
inspections to determine compliance with the city Beautification
Plot Plan, Sec. 131.221 effective December, 1981 and Land Development
Code, Sec. 136.023 effective October 14,1985. If the initial
inspection finds the site in compliance no further action will be
taken. However, if the site is found to be in noncompliance you.
will be given an opportunity to bring the site into compliance.
Failure to do so will result in a notice of violation being issued
to the present owner or owners. The violation will explain the
code(s) violated, nature of violations and required correction
date. Failure to correct the listed violations by the date
indicated will result in legal action by the Municipal Code
Enforcement Board of the City of Clearwater. (Sec.162.06 (2) F.S.).
This program is intended to improve the appearance of off
street parking lots and other vehicular use areas, to protect and
preserve the appearance and value of the surrounding neighborhoods,
to improve the urban and natural environment and to promote the !
general welfare through the installation and maintenance of
landscaping for screening,environmental and aesthetic effects.
Please contact Rick Albee at the Environmental Management
Group at (813)462 -6598 for information concerning landscape
requirements or if you have any questions regarding the
reinspection program.
Sincerely,
Michael D. uillen, P.E.
Water Resource Engineer
RA
"Equal Employment and Affirmative Action Employer'
CITY O�F CLEARWATER
Mr. Ronald Henson, P.E.
Design Service Group
362 A Grant Street
Longwood, FL 32750
POST OFFICE BOX 4748
CLEARWATER, FLORIDA 34618 -4748
March 12, 1992
Re: K Mart Expansion, 2130 Gulf to Bay Boulevard, Clearwater
Dear Mr. Henson:
The City of Clearwater Environmental Management Group has
reviewed the revised site plan dated February 17, 1992 fgr the
subject project. We have the following comments which must be
addressed prior to our approval of the site plan certification and
building permit issuance. The addition of the landscaped area in
place of the parking spaces along Gulf to Bay Boulevard, in
conjunction with the landscape plan provided, has addressed the
buffer requirements, however we still have questions regarding the
interior landscaping calculations. The site data table shows 28,263
sq. ft. of interior landscaping. The areas designated by cross-
hatching as interior landscaping on the plan only add up to
approximately 6000 sq. ft. I have enclosed a copy of your plan with
additional areas marked which would count as interior landscaping.
This includes all portions of the Gulf to Bay buffer which exceed
the required 6500 sq. ft. for buffer area I (10'x6500). We have also
made a recommendation to enlarge the landscaped area just north of
Payless Shoes. This would require relocating three parking spaces
which may fit in the northeast portion of the site as shown on the
enclosed plan. We have also identified some areas at the rear of
the site where you may be able to add interior landscaping. Please
review these recommendations as to their feasibility. The site data
table and plan cross - hatching should be revised to accurately
reflect the interior landscaping provided. I suggest that prior to
resubmitting the plan to the City, you contact me at (813) 462 -6382
or, Alan Mayberry, Urban Forester, at (813) 462 -6595 regarding the
interior landscaping requirements.
Sincerel
Michael D. Q llen, P.E.
Water Resource Engineer
Environmental Management
4M L
''Equal Employment and Affirmative Action Employer"
i
APPLICATION FOR LAND CLEARING & GRUBBING PERMIT
CITY OF CLEARWATER '
PUBLIC WORKS DEPARTMENT
ENVIRONMENTAL MANAGEMENT DATE
(813) 462-6747 RECEIPT NO.
A non-refundable filing fee of$10.00 is required per Resolution 86-9. Permit applicable for 6 months from date of approval. �
In accordance with Section 98.30, I hereby apply for permit to land clear and/or grub the property described below.
1. Location of Property
2. Project Name
3. Purpose of clearing and/or grubbing
4. General description of existing vegetation, topography, and surface water (including all existing and/or proposed
ditches, canals, and swales)
, � ;,�� ,
5. Proposed method of debris disposal -
6. Date you plan to begin work �t � ''�-
7. Proposed method of soil erosion control
S. 0 No-Tree Verification Required ❑ Tree Removal Permit Required
I AM AWARE AND UNDERSTAND THE REQUIREMENTS OF SECTION 98, CITY CODE OF ORDINANCES REGARDING
TREE PROTECTION DURING CONSTRUCTION AND HAVE READ CITY'S EROSION AND SILTATION CONTROL POLICY
Subscribed and Sworn before me
Signature of Owner or Owners Representative
this day of 19
Printed Name ,-, � ,
' � Signature of Notary
Address
NAME OF NOTARY
City State zip COUNTY � �
, . . � . . . p >>:�S T `� (�T�,.l�� Gl.t!�;.`Ir
� COMMISSION EXPIFi�'�� �: '������»�
Representatives' Firm Telephone y.«.t;,IlES•�+� --�-
.;Nn�.�
Applicant must include Aerial Photograph or Scaled Drawing showing property boundaries and limits of wor,k:This i�NOT
a Tree Removal Permit. �- _.
DO NOT WRITE BELOW THIS LINE `-
Comments /`i�:�v`:,: `J ,� ,.� r�,�, � —
� J
" Water Resource Spec. Date
Comments
:
� ;� . � �
Urban Forester Date
Based on the above comments and information submitted, the above removal application is:
❑ Approved As Submitted I I Approved — Modified As Noted Above I J Denied
Signed: Date: _
City Manager or Designee
Rev. 9/A7
White—Applicant Yellow—Environmental Pink—Inspector
\
CITY OF CLEARWATER
Interdepartment Correspondence
TO: Cecil Henderson, Assistant Director /Public Works /Engineering Group -,J-6K - iller, Assistant
Director /Public Works/Eriv_ronmantaC Group
FROM: James M. Polatt Y, Jr. Director of Planning & Development
�
SUBJECT: Amendment to the Certified Site Plan for K -Mart Expansion /Located at 2130 Gulf -To -Bay Blvd
on the northwest corner of GTB and Main Ave. (PSP 80 - ? ?)
DATE: February 25, 1992
Attached is a copy of the above described amended site plan submitted on February 18, 1992 for certification.
Please refer to attached copy of letter addressing conditions of approval required by D.R.C. on January 23, 1992
for this amended site plan.
If you find the revised site plan to be acceptable, please write your initials and date next to the applicable
condition(s) on the attachment. If you do have an objection and /or recommendation, your comments are required
below (or please attached your comments to this memo),
Comments: (by whom and with date, please)
Prior to February 28, 1992, please return this SITE PLAN and memorandum to Ted Clarke, Planner II, for final
processing to the City Clerk for certification and distribution.
JMP/THC
X WP\ROUTE.tc
fi� 1 C� L•� 9 , V Lam, Lam' o
DATE: - -- z. -
�.r~.'�.�d�:S. �i:6'�+i` ✓�.jPv uafiAp L.n If i7 i1.4 6�,'.
DestyA Service Group
362A Grant Street
Longwood, Florida 32750
(407) 331 -3773
FAX (407) 260.0478
February 17, 1992
Mr. James Polatty, Jr., AICP
City of Clearwater
Department of Planning &
Development
Post Office Box 4748
Clearwater, Florida 34618 -4748
Re: Amendment to the Certified Site Plan for KMart
KMart Expansion at Clearwater
DSG Project No. '91 -063
Dear Mr. Polatty:
Mr. Michael Lynch, Cuhaci & Peterson Architects, has provided us
with a copy of the January 23, 1992, Development Review Committee
minutes regarding conditional approval of the above - referenced
project. Please be advised that we have revised the site
development plans in accordance with the five (5) stipulated
conditions and have provided a written response to each condition
in the order received as follows:
1. Pursuant to our telephone conversation with Mr. Bob Maran on
February 12, 1992 we have reviewed development plans with
respect to the City's stormwater detention criteria for
property undergoing redevelopment to determine if additional
stormwater detention facilities were required. KMart
proposes to replace existing building and pavement areas
with a KMart building expansion area. Additionally,
existing paved parking areas along State Road 60 are being
removed and replaced with landscaping in order to enhance
the project's buffer area along its frontage. The net
result . of these improvements is a decrease of 10,003 SF,of
impervious surface on the project site. We performed an
analysis of "Pre" and "Post" Development Runoff Coefficients
using the City's methodology for areas undergoing
redevelopment and found a negligible "DELTA C" differential
between the two conditions. Therefore, pursuant to our
conversation with Mr. Maran, no stormwater detention
modifications will be required. Two sealed copies of our
calculations are attached herewith.
Site Planning • Consulting Engineering • Environmental Permitting
Mr. James Polatty, Jr., AICP
City of Clearwater
DSG Project No. 91 -063
Page Two
February 17, 1992
2. Landscape Plan detailing proposed landscape improvements,
both interior and within the peripheral buffer areas, is
provided herewith as Sheet C -4. The buffer along State'Road
60 averages a width in excess of 10'.
3. Dumpster pads will be constructed with screen fence
enclosures (Sheet C -1). Landscape plantings provide
additional screening for KMart's facilities facing Rainbow
Drive (Sheet C -4).
4. See response to .Item 2-. It is our understanding that the
architect, Michael Lynch, was subsequently advised that
fencing would not be required along Rainbow Drive.
5. Not applicable, no abandonment /vacation is proposed.
We hope the revisions to the plans and responses contained herein
adequately address all conditions received. Should you have any
questions, please do not hesitate to advise.
Yours truly,
Ronald Henson II, P.E.
Project Manager
RHII:dmb
Enclosures
cc: Cuhaci & Peterson Architects
File
kslgl service firwp
362 Grant SVeet
Longwood, Florida 32760
(407) 331 -3773
FAX (407) 260 -0478
JOB )C- MART EYoAAJS1oN °i 6L6ARwATI✓1l-
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CALCULATED BY �Sb DATE
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DATE
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kude " Service firup
362 Grant Street
Longwood, Florida 32750
(407) 331 -3773
FAX(407)260 -0478
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M .I N U T E S
DEVELOPMENT REVIEW COMMITTEE
City of Clearwater, Florida
January 23, 1992
Members Present:
UNOFFICIAL
James M. Polatty, Jr..
- Director, Planning and
Development, Chairman
Ream Wilson
- Director, Parks and Recreation
Mike Quillen
- representing Public
Works /Environmental
Jeff Daniels
- representing Fire Department
Bob Maran
- representing Public Works/
Engineering
Lou Hilton
- representing Planning and
Development
Kevin Garriott; •-
representing Building Official
Don Meerians
- representing Public
Works /Transportation Group
Others present:
Walt McAleer -
Planning and Development Dept.
ITE-wl #1
Ji_m Daniel
- Storz Opthalmics
Jim Pelc
Storz Opthalmics
Rich Dutter
- King Engineering
Gregg Singleton
- King Engineering
Ed Mazur --
King Engineering
ITEM #2
John Knightly
- Automated Petroleum (APEC)
ITEM #3
Richard Harris.
- King Engineering Associates, Inc.
ITEM #4
Richard J. Remirez-
- First Corporate
Gary Kopco
- Meridian Design Group, Inc.
Jeff W. Smith
- Meridian Design Group, Inc.
ITEM #5
Michael E. Lynch
- Cuhaci & Peterson Architects, Inc.
Chrys Holmes - Recording Secretary (Building)
The meeting was called to order at approximately 9:06 a.m. by
Chairman Polatty in the DRC Conference Room.
MOTION: A motion was made by Ream Wilson to approve the minutes of
the meeting of January 9, 1992, as submitted.
D.R.C. Meeting - 01/23/92 1
1. Prior to the issuance of a building permit, a copy
of the approved SWFWMD permit is to be provided to
Engineering Site Plan Review.
2. A cross- parking /access easement linking the existing
developed site and the proposed site shall be executed
and. a copy provided to the City staff for review and
approval prior to execution, this easement shall include
language specifying which spaces are to be jointly, used
by the site, along with the number of spaces involved.
The motion was seconded by Bob Maran. The motion was passed
unanimously.
ITEM #5 K -MART EXPANSION - Located on the northwest corner of
Gulf to Bay Boulevard and Main Avenue (2130 Gulf to Bay
Boulevard)
EXPP.NSION -- APPROVED WITH CONDITIONS
Pertinent comments from the department representatives are
incorporated into the motion listed below.
MOTION: Lou Hilton made a motion to approve the K -Mart expansion
at 2130 Gulf to Bay Boulevard subject to the following
conditions;
1. Developers to provide calculations to show . if any
additional stormwater.storage is to be provided.
2. Interior landscaping plan shall be provided in
accordance with the City's Land Development Code to
Environmental Management and Planning for their review..
A ten. foot (10'1 average buffer along Gulf to Bay
Boulevard will be included in the landscaping plan.
3. Screen all dumpsters located on. site and landscape
accordingly.
4. Landscape the entire periphery of the parcel with
screening on the north side facing Rainbow Drive with a
combination of fence and vegetative materials.
5. If desired by the applicant, consider
abandonment /vacation of adjacent streets.
Motion seconded by Ream Wilson. and carried unanimously.
The meeting adjourned at 11:14 a.m.
James M. Polatty, Jr., Chairman
b:dre0123.92
D.R.C. Meeting - 01/23/92 4
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THE QUANTITIES SHOWN ON THIS SHEET HAVE Al READY BEEM ADDED TO THE TOTALS FOR THE SITE PLANT SCHEDULE.
11
h's l
NOT TO SCALE
ffiFM
I
4 4
A
d. 4 A
SOLVENT WELD CAP
FINISH GRADE PAVEM
18" FOR NON—PRESSURE LATERAL
24" FOR MAIN LINE
(TYP)
12"
TYrt"""ICAL SLEEVE INSTALLATII u"ETAIL
NOT TO SCALE
FINISH GRADE
LINE SIZE GA
VALVE
PVC. SCH. 80
N I PPLE I
-PLANTING NOTES
IRRIGATION N TES
1,
ALL MATERIALS ARE TO BE FLORIDA #1 OR BETTER, INSTALLED ACCORDING TO
I.
WITH LOCKING COVER
NOTE: USE SCH 40 PVC FOR
THE HIGHEST NURSERY STANDARDS,
x T,
ALL PIPING AND FITTINGS
FINISH GRADE
FOR VALVE SIZES 1112'
ALL SLEEVES AND MAIN LINE TO BE SCHEDULE 40 P.V.C. PIPE.
CONTROL W1 I RES WITII
AND BELOW. USE CLASS 315
3/4- POLY ELL
24* EXPANS ION COIL
PVC PIPE AND SCH 40 PVC
OF 2' THICK IN ALL PLANTING AREAS, MULCHED PLANTING BEDS SHALL BE A
3,
FITTINGS FOR VALVE
APPROVED WIRE
SIZES 2' AND LARGER.
CODES. CONTRACTOR TO SUPPLY AND INSTALL ALL CHECK, VALVES
CONNECTORS
LATERAL
LINE
I CU.FT. PEA GRAVEL
IF THOSE ITEMS ARE NOT SHOM ON DRAWNGS,
r'77
BRASS UNION AND
MAIN LINE
NIPPLES, TYPICAL
REMOTE ceNTROL VALVE
k
NOT TO SCALE
DESCRIPTION
TIGHT JOINTS, BOLLED, AND FERTILIZED. NUTRIENTS SHALL BE ADDED TO THE
-PLANTING NOTES
IRRIGATION N TES
1,
ALL MATERIALS ARE TO BE FLORIDA #1 OR BETTER, INSTALLED ACCORDING TO
I.
ALL PIPE NOT SIZED TO BE '/pL CLASS 1120-160 P.S.I. P.V.C.
THE HIGHEST NURSERY STANDARDS,
22,6
2,
ALL SLEEVES AND MAIN LINE TO BE SCHEDULE 40 P.V.C. PIPE.
2,
MULCH IS TO BE 100% SHRFDDED CYPRESS, GRACE 'A", INSTALLED A MINIMUM
3/4- POLY ELL
OF 2' THICK IN ALL PLANTING AREAS, MULCHED PLANTING BEDS SHALL BE A
3,
THE ENTIRE SYSTEM TO BE INSTALLED IN COMPLIANCE WTH ALL LOCAL
MINIMUM OF 30" WIDE AND SHALL BE CONTINUOUS WHERE PLANTINGS ARE
CODES. CONTRACTOR TO SUPPLY AND INSTALL ALL CHECK, VALVES
PROPOSED.
BACKFLOW PREVENTORS, PERMITS, ETC. AS REQUIRED BY THESE CODES Va
IF THOSE ITEMS ARE NOT SHOM ON DRAWNGS,
1
ALL APFAS MARKED SOD ON THE PLANS, SHALL BE SODDED WITH 95' WEED -FREE
ST. AUGUSTINE 'FLORATAM' SOLID SOD. SOD SHALL BE INS TAI IED WI III
k
ALL REEVES UNDER ASPHALT PAVEMENT TO BE BURIED 24* BELOW PAVEMENT
DESCRIPTION
TIGHT JOINTS, BOLLED, AND FERTILIZED. NUTRIENTS SHALL BE ADDED TO THE
SURFACE, ALL SLEEVES UNDER SIDEWALKS TO BE BURIED T-12' BELOW WALK
SOIL AS PER SOIL TESTING RESULTS.
SURFACE,
4,
BAHIA SOLID SOD SHALL BE USED ON ALL AREAS SO MARKED AS IN SWALES,
5.
MAIN LINE LOCATION IS SHOWN SHEMATICALLY. WEHREVER POSSIBLE
BASED ON 150 P.S.I. INTERNAL PIPE PRESSURE AND �2500 P.S.F. SOIL BEARING, VALUE
RIGHT-OF-WAYS, DISTURBED AREAS, OR OTHER AREAS SUBJECT TO EROSION,
LATERAL LINES ARE TO BE BURRIED IN COMMON TRENCH WITH MAIN LINE.
5.
GRASS SEEDED AREAS SHALL MEET FLORIDA STATE DEPARTMENT OF
6.
ALL LOW VOLTAGE WRING TO BE #14 DIRECT BURIAL WIRE,
TRANSPORTATION STANDARDS.
7,
ALL SPRAY HEADS OR NOZZLES IN PLATUNG BEDS TO BE PLACED ON RISERS
6,
LANDSCAPE CONTRACTOR IS TO LOCATE AND VERIFY ALL UNDERGROUND
(SCHEDULE 40) OF APPROPRIATE HEIGHT TO PLANTING AND RISERS TO BE
UTILITIES PRIOR TO BEGINNING THE WORK, WE LANDSCAPE ARCHITECT
PAINTED COLOR TO MATCH HEAD OR NOZZLE COLOR.
SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO UTILITY OR IRRIGATION
LINES.
B.
ALL HEADS IN OPEN LAWN AREAS TO BE MOUNTED ON SWING JOINTS.
7.
LANDSCAPF C014TRACTOP IS TO VFRIFY ALL DRAWINGS AND rHFCK FOR
9,
ALL WORK TO BE DONE IN GOOD WORKMAN LIKE MANNER AND IN
fvm w mm xp
DISCREPANCIES AND BRING THEM TO THE ATTENTION OF T14E LANDSCAPE
ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS.
GEARED ROTOR/
ARCHITECT PRIOR TO COMMENCING WITH THE WORK,
11,
ALL LINE LOCATIONS ARE APPROXIMATE, CONTRACTOR TO ADJUST
8.
THE PLANT MATERIALS SCHEDULE IS PROVIDED FOR THE CONVENIENCE OF
91
TRENCHING IN FIELD FOR EXISTING CONDITIONS, PLANTINGS AND
THE LANDSCAPE CONTRACTOR. SHOULD THERE BE ANY DISCREPANCY.
1.
STRUCTURES.
SPRAY
PLANTING PLANS SHALL TAKE PRECEDENCE OVER THE PLANT LIST,
3/4" STREET ELL
12,
HEAD LOCATIONS ARE APPROXIMATE, CONTRACTOR TO MAINTAIN 100%
10.
NO SUBSTITUTIONS WILL BE MADE AT THE TIME OF BIDDING OR CHANGES OF
COVERAGE WITH APPROXIMATELY 50% OVERLAP YMEN MINOR HEAD LOCA71N
ANY KIND, SO AS TO PROVIDE FOR FAIR COMPARISONS. NO FURTHER
CHANGES ARE NECESSARY DUE TO FIELD CONDITIONS.
EXCAVATE ALL LOOSE MATERIAL AND E�TEND
CHANGES ARE 10 ME BADE WITHOUT PRIOR CONSENT OF THE LANDSCAPE
ARCHITECT,
13
A1 .L El ECTIRCAL WORK NOT LOW VOLTAGE IN NATURE IS NOT PART OF THE
IRRIGATION CONTRACT.
11,
100% AUTOMATIC IRRIGATION SYSTEM IS TO BE INSTALLED ACCORDING TO
THE IRRIGATION PLAN AND SPECIFICATIONS WITH A MINIMUM 50% OVERLAP.
14
CONTRACTOR SHALL BE RESPONSEIBLE FOR HIE LOCATION AND EXISTENCE
ALL IRRIGATION AND ELECTRICAL LINES ARE TO BE LOCATED AT THE
OF ALL UNDERGROUND UTILITIES. CONTRACTOR SHALL VERIFY UTILITIES IN
PERIMETER OF ALL PLANTERS AND/OR PLANTING AREAS
THE FILED. CONTRACTOR SHALL BE RESPONSIBLE FOR THE PROTECTION AND
MAINTENANCE AND ANY DAMAGE TO EXISTING UTILITIES OR STRUCTURES,
12,
ALL BUILDING MATERIALS AND LABOR ARE TO CONFORM TO T14F SOUTHERN
JOINTS SHALL BE WRAPPED WITH VISQUEEN PRIOR TO CONCRETE BEING PLACED.
POLY PIPE
BUILDING CODE AND ALSO TO ALL LOCAL CODES THAT HAVE JURISDICTION.
15.
THERE SHALL BE A ONE (1) YEAR GUARANTEE ON ALL PARTS AND A NINETY (90)
T AILO
AND., IRRIuA 10N'DET
DAY GUARANTEE ON LABOR FROM THE DATE OF FINAL ACCEPTANCE.
13.
ALL PERMIT AND VARIANCE APPLICATION ARE TO BE MADE By THE
EXTEND THRUST BLOCK FULL LENGTH Or FITTINGS, JOINT SHALL NOT BE COVERED BY THRUST BLOCK.
I D)
(LENGTH AS REQUI E
CONTRACTOR,
16
AT THE END OF 90 DAYS FORM THE DATE OF ACCEPTANCE, THE CONTRACTOR
SHALL CHECK AND ADJUST (IF NECESSARY) THE ENTIRE SYSTEM,
14,
PRIOR TO THE INSTALLATION OF THE IRRIGATION SYSTEM, A WATER TEST IS TO
ALL THRUST BLOCKS FOR PLUGS SHALL, HAVE A BENT REINFORCING BAR CAST IN PLACE TO FACILITATE CONCRETE REMOVAL,
3/4 -STREET ELL
BE CONDUCTED ON THE WATER SOURCE TO DETERMINE PH., 17 IS THE
17
CONTRACTOR SHALL MARK STATIONS 014 THE CONTROLLER PANEL TO
RESPONSIBILITY OF THE LANDSCAPE CONTRACTOR TO NOTIFY THE
Lr')
CORRESPOND WITH THE ZONE NUMBERS ON THIS PLAN AND SET OPERATING
"I ULL
!r 0" tAVM OF
LANDSCAPE ARCHITECT IF THE RESULTING WATER PH, REQUIRES AMENDING
SUIT THE SPECIFIC F1 NG ARRANGEMENT.
THRUST BLOCS SHALL BE USED IN COMBINATION, AS REQUIRED, TO TTI
SEQUENCE TO CORRESPOND TO THE NUMBERING,
PLANT SELECTIONS OR MODIFYING WATER SOURCE,
POLY PIPE
THE gVERby Daggsby affoug P.&
I&
ALL SLEEVES UNDER ASPHALT OR WALKS TO BE INSTALLED PRIOR TO PAVING_
15.
PRIOR TO CONSTRUCTION OF PLANTING BEDS, ALL AREAS ARE TO HAVE SOIL
6.
INSTALLATIONS,
PVC TEE
TESTS CONDUCTED TO DETERMINE PH. AND FERTILITY, IT IS THE
PVC TEE
RESPONSIBILITY OF THE LANDSCAPE CONTRACTOR TO AMEND THE SOIL TO
19.
CONTRACTOR SHALL BE RESPONSIBLE FOR ALL PUMP(S) AND VI SIZES„
MEET ADEQUATE FERTILITY AND PH, FOR CORRESPONDING PLANT
AND/OR SOIL RESISTANCE IS LESS THAN 2000 P,Sl
MATERIALS.
20,
IRRIGATION CONTRACTOR IS TO VERIFY ALL DRAWINGS AND CHECK FOR
3/4" POLY ELL
DISCREPANCIES AND BRING TO THE ATTENTION OF THE LANDSCAPE
16,
PRIOR, 70 THE LAND CLEARING STAGE, THE CONTRATOR SHALL CLEARLY
ARCHITECT PRIOR TO COMMENCING WITH THE WORK.
MARK ANY TREE, TREE GROUPS OR SHRUBS TO BE MAINTAINED IN THE
7.
BEARING AREA BASED ON AN INTERNAL PIPE PRESSURE OF 150 P.S.I. AND A SOIL BEAR ING CAPACITY OF 2500 P� S X.
PROXIMITY OF ANY AREA WHERE LAND CLEARING EQUIPMENT IS TO BE
21.
IRRIGATION CONTRACTOR IS RESPONSIBLE FORA FINAL FINISHED WORKING
OPERATED. THE MARKINGS SHALL REMAIN IN PLACE DURING CONSTRUCTION,
IRRIGATION SYSTEM.
55 Seton Troil. OrtY)ond Beach, Florida, 32176
SAID EQUIPMENT SHALL BE OPERATED IN A MANNER AS OT NOT INJURE OR
DESTROY THREE (3) FEET IN HEIGHT SHALL BE FORMED A MINIMUM RADIUS OF
I I
THRUST BL OCK DETAILS
SIX (6) FEET FROM THE BASE OF THE TREES OR SHRUBS, AND THE DEVELOPER
PVC LATERAL LINE
lwcut-4a WL Wom
r pup tAym cr rK em
ikjc� VI OWN
r CUP IIATIM CF FK WX
2,C 1.6
22,6
SPRAY HEAD
3/4- POLY ELL
mim
WI
DESCRIPTION
-BY
TO
BASED ON 150 P.S.I. INTERNAL PIPE PRESSURE AND �2500 P.S.F. SOIL BEARING, VALUE
REVISIONS
IFINISH GRADE
pqpom TM ML.
fvm w mm xp
NOTES
GEARED ROTOR/
o)
tv, ft�= 13
91
CRI AW/00 SAM
pmpmm pLwrm M
mt
1.
POURED A GROUND, WHERE TRENCH WALL HAS BEEN DISTURBED,
THRUST BLOCK BEARING AREAS SHALL BE P AGAINST UNDISTURBED
TO UNDISTURBED GROUND.
SPRAY
3/4" STREET ELL
LANDSCAPEPLANTING
EXCAVATE ALL LOOSE MATERIAL AND E�TEND
POI Ella
CD
nMT NAMM SU11 WT K
2�
JOINTS SHALL BE WRAPPED WITH VISQUEEN PRIOR TO CONCRETE BEING PLACED.
POLY PIPE
3/4 SCHED. 80 NIPPLE
T AILO
AND., IRRIuA 10N'DET
AF rM PLM T3 f"Iffl KEN
NPX= L-I "1
3.
EXTEND THRUST BLOCK FULL LENGTH Or FITTINGS, JOINT SHALL NOT BE COVERED BY THRUST BLOCK.
I D)
(LENGTH AS REQUI E
(LENGTH AS REQUIRED)
PVC LATERAL LINE
I
K I'm1ma FM UKI
4,
ALL THRUST BLOCKS FOR PLUGS SHALL, HAVE A BENT REINFORCING BAR CAST IN PLACE TO FACILITATE CONCRETE REMOVAL,
3/4 -STREET ELL
PVC TEE
Lr')
"I ULL
!r 0" tAVM OF
5,
SUIT THE SPECIFIC F1 NG ARRANGEMENT.
THRUST BLOCS SHALL BE USED IN COMBINATION, AS REQUIRED, TO TTI
POLY ELL
POLY PIPE
THE gVERby Daggsby affoug P.&
MUN TO C,741% ENVM
PLw VM WT Dam M,
STAMM
6.
ALTERNATE DESIGNED RESTRAINING SYSTEMS SHALL BE PROVIDED WHERE STANDARD THRUST BLOCKING IS NOT SkAT ABLE,
PVC TEE
PVC TEE
(LENGTH AS REQUIRED)
LANDSCAPE ARCI-11TECTS LAND PLANNERS
AND/OR SOIL RESISTANCE IS LESS THAN 2000 P,Sl
3/4" POLY ELL
-ri
7.
BEARING AREA BASED ON AN INTERNAL PIPE PRESSURE OF 150 P.S.I. AND A SOIL BEAR ING CAPACITY OF 2500 P� S X.
55 Seton Troil. OrtY)ond Beach, Florida, 32176
I I
THRUST BL OCK DETAILS
PVC LATERAL LINE
(904) f177'---4486 FAX 677-2505
-rubux,
'o"Em �s
PVC' LATERAL LINE
u
Ir
p p
DRAWING 196023
DATE PREPARED:
N. T, S.
INSTALLATION DETAIL
------
INSTALLAT I ION DETAIL
INSTALLATION DETAIL
DESIGNED BY, JB IS DRAFTED BY. CHECKED BY: JBS
Cn
TYPICAL, SHRUB
PLANTING
DETAIL
NOT TO SCALE
NOT TO SCALE
NOT TO SCALE
71
SCALE- AS NOTED SHEET 'LA_,5 OF
FILE LOCATION
GULF. TO, BAY BOULEVARD (STATE ROAD #60)
t
KEY
EXISTING PERIMETER POWER POLES
13
TO REMAIN
1 02/10/9 PER CITE COMMENTS E�'CD 02/09 PER M. PARRY J.&
EXISTING SITE LIGHTING FIXTURES/POLES
REV.
DATE
DESCRIPTION
BY
TO REMAIN
ALL SITE INFORMATION SHOWN TAKEN FROM APPROVED DRAWING BY*" a
Fit
PROPOSED
REVISIONS
INC. CUHACI & PETERSON ARCHITECTS, SITE GEOMETRY
SUB-BASE PARKING SPACE WHERE SHOWN
THE -STERM DESIGWGROUP5 P.A.
PLAN
4; ' l
LA I 1 1 i. �.: �
4
5 SETON TRAIL 77-
;
FLORIDA ORMOND BEACH,
�ouzr
'32i76
P t I'D OIT . o°
DRAWING
DATE PREPARED 01I15/99
SCALE ri r rr
DESIGNED 13Y J.&
DRAFTED BY
CHECKED BY
-1
ALE 1 "= 50'°-" SHEET OF y
FILE CATIQIV
SANITARY MANHO,,W
TOP
FLOW CLAY)
17-
i Ll
SANITARY MANHOLE
TOP = 75_36'
FLOW = 71 J7 (,R' CLAY)
LQ
LU
ES
LL
REVISION HISTORY
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0
0
C)
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Lu
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WA vij)
RAINBOW DRIVE (60'WI H SANITARY MANHOLE
8" CLAY PIPE ----TOP = 79.6,3`
/V P,9' FLOW 68.43' (8" CLAY)
4, el
Or= A
2' MIAMI CURB
TICAL CURB
CLEAN OUT _ FOUND 412 x 4 11
( X x x X,_ x Lu
s) 69. 00 4- x 0-- CONCRETE MONUMENT
WITH BROKEN TOP
FLOW = 7047'
18- R.CP.
4y
Z
cr
jco (6' Z
'o
LiT
0
zi 0
LQ
SANITARY MANHOLE
—TOP = 75.71'
--i o� = 67.71' (8- CLAY)
CATCH BASIL)
__�--TOP = 74. 98'
FLOW = 72,97' (18" RX.P.)
-
-FLOW =x'70. 1 '
CAMFLIA
DRI VE
C-)
R c�
x
"3 QD
CL U) �
x
Lu
0-
Lo
x
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CORNELL
_2�
STREET
3
A
REVISION HISTORY
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RAINBOW DRIVE (60'WI H SANITARY MANHOLE
8" CLAY PIPE ----TOP = 79.6,3`
/V P,9' FLOW 68.43' (8" CLAY)
4, el
Or= A
2' MIAMI CURB
TICAL CURB
CLEAN OUT _ FOUND 412 x 4 11
( X x x X,_ x Lu
s) 69. 00 4- x 0-- CONCRETE MONUMENT
WITH BROKEN TOP
FLOW = 7047'
18- R.CP.
4y
Z
cr
jco (6' Z
'o
LiT
0
zi 0
LQ
SANITARY MANHOLE
—TOP = 75.71'
--i o� = 67.71' (8- CLAY)
CATCH BASIL)
__�--TOP = 74. 98'
FLOW = 72,97' (18" RX.P.)
-
-FLOW =x'70. 1 '
FLOW = 731'
R c�
x
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x
Lu
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x
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X rt-(3
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GPp
Z
`XJ.5' BANK SIGN
� - J 0 3 N(_ .
97-40865
'8;9 oz
4' UUNCHL IL L!iLANU
GULF TO BA Y BOULEVARD (STATE ROAD #60.) (TYPICAL)
100' RIGHT OF WAY
LBERTSONS ENTRANCE
FOUND NAIL & DISK
#LB021
J_
ILLZA��,IMDQ 8.10MV752�VOH0 DHC.
N/HC�--iAEL E. PETULLA P.L.S.
Df?A WING TITLE:
l_D3LJ1LT SLIRVEY
SIJRVEY FOR:
k
0
El I
91
m
THE QUANTITIES SHOWN ON THIS SHEET HAVE ALREADY BEEM ADDED TO THE TOTALS FOR THE SITE PLANT SCHEDULE.
SCALE 1 r7=lo,-o"
F
f
I
AmNamiulm
! (Z�!
r? c,
BRASS UNION AND "
NIPPLES, TYPICAL
B. FILL PLANTING PIT TWELVE INCHES (12') OF WATER. IF THE WATER LEVEL REMOTE ceNTROL VALVE
DROPS FOUR INCHES (4") OR MORE WITHIN FOUR (4) HOURS, THE DRAINAGE IS
SUFFICIENT AND DRAINAGE CHANNEL IS NOT REQUIRED. IF HOWEVER, THE
WATER LEVEL NOT TO SCALE DROPS LESS THAN FOUR INCHES (4*) WITHIN THE FOUR (4) HOUR TYPICAL PLANTER ISLAND
m
C-7
1;1 CNARACTM
CHARACTM
12"
10.4
5.7
2.9 1.5 7.4 0.2 2T
W
2 MW Wn FAM 10
plow STAng. PLACE Z
W
14.2
3.9 7To-- 16. 1 _T171— --37—
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AL PaM OF ZU CWWT.
WN, WM SPACE
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35
vvwvv
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LY AT
W
1
5.4
12.7
6.5 3.3 16,6 18.4 32'
36'
FINIH ADE
ialf S LID= vu
m XM m
OFAIE A
UEo
%APLp & KLW M
r MOM 11M TO '"All A
2cr
-
28.9
15.7
8,0 4.0 20.5 22.6 33°
3c
FINISH GRADE
SAUCIR-M TICL NNIM
r CFIP LAVER cr PK Sm
ULM
94)CM-AM 113L 'am"
r mu"fut CF POW em
2r�
41.6
----
1 22.6
11.5 1 5,8 1 29.5 1 32.6 1 3Er
I 35°
SPRAY HEAD
30/4- POLY ELL
BASED ON 150 P.S.I. INTERNAL PIPE PRESSURE AND 2500 P.S.F. SOIL BEARING VALUE
FINISH GRADE
Pm7mm mm-ma sm.
DOWACT luirr.
ROTOR
GEAR ROTOR
ED
CRAVEL AND/opt Via
NOTES
PREPARED PLAKW WW-
I
OWT BA
cCw%CT nuyl
1.
THRUST BLOCK BEARING AREAS SHALL BE POURED AGAINST UNDISTURBED GROUND. WHERE TRENCH WALL HAS B 1 DISTURBED,
SPRAY HEAD
3/4- STREET ELL
EN
EXCAVATE ALL LOOSE MATERIAL AND Est D TO UNDISTURBED GROUND.
POLY ELL
MANT NAMM SUM OW K
2.
JOINTS SHALL BE WRAPPED WITH VISQUEEN PRIOR TO CONCRETE BEING PLACED.
POLY PIPE
3/4 SCHIED. 80 NIPPLE
BE MWO IM UNF-OWTY,
3.
EXTEND THRUST BLOCK FULL LENGTH or FITTINGS, JOINT SHALL NOT BE COVERED BY THRUST BLOCK.
(LENGTH AS RE067RE;)
(LENGTH AS REQUIRED)
))�o
PVC LATERAL LINE
�um Ra me nnm mp
A
Al I TIAPI lqT Al l; OMq FnR PI I Ir 'qHAI t. HAVF A RFNT RFINFORCIN G BAR CAST IN PLACE TO FACILITA TE CONCRETE REMOVAL.
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SITE A4TA
H/A
PAVED : of M eLte)z ICULAR ARE&s (sq . Ft. and
-
I
W
H/A
10,OOOSF
,(a
8.90%
37,592 SF
- - -P
�1 CAM
15.OZ
0.23 Acres
I of eite)t
41,867SF
11 CEO FTO-25
for the Front Yard (Sq,�'t. and
44.85Z
7,28,8SF
66.27%
50.0%
k- PA
N/A
I of required front ymr.�.)I
I-
8,125SF
<
<
Clear Space (WaterfrOXIL ?roplirty)s
N/A
N/A
1. CAM Sn'XL ME
1000
100,
Exterior Par tar Dufi,,ris
12,915SF
13,604SF
14,705SP
Cuhac'l &
Peterson
PfzfT T%.AFM AU.0m
Parkim,3 Lot Interior L- .1ocapinS
PARKING BY
W
Ciz,
—
(Eq-Tt. and I of Paved -hicular
armal also, depict on its plan
=
DISABLE
Architects
Inc
40.OZ
dravin3 by shading/cro— `hat $r
ILt,W77-sp
r-
S "0
PERMIT
.
169,013SF
535 Spaces
u
ro arm "E W/
547 Spaces
ONLY
0.40
MILEUG (Give applicable f -111&11
5.12 SP/1,0OOSF
4.67 SP/1,000SF
MCI= ML
200 Eczt Rebtn=n Stre-ot
—
sulto 400
M
Orlando. Flarldo 32COI
(407) 422-4070
FTa25
Fr=4 PAVM
Notes,
1, An letters are 1 Series 'C'.
S
't
t r3
2. Top portion of sign shag have a reflectortzed
-
blue g round with while reffectorized legend
& border
3. Bottom portion of sign shall have a refleclorized
while background with black opaque legend &
border,
H'liNDICAP SIGN
DETAIL
SITE A4TA
H/A
PAVED : of M eLte)z ICULAR ARE&s (sq . Ft. and
61.74%
260,872SF
59.37%
250,869SF
N/A
H/A
10,OOOSF
01M $P=
Total for the Lot (Sq,At. and
8.90%
37,592 SF
9.91%
15.OZ
0.23 Acres
I of eite)t
41,867SF
63,380SF
for the Front Yard (Sq,�'t. and
44.85Z
7,28,8SF
66.27%
50.0%
U)
N/A
I of required front ymr.�.)I
I-
8,125SF
<
<
Clear Space (WaterfrOXIL ?roplirty)s
N/A
N/A
1000
100,
Exterior Par tar Dufi,,ris
12,915SF
13,604SF
14,705SP
Cuhac'l &
Peterson
Parkim,3 Lot Interior L- .1ocapinS
0
W
Ciz,
—
(Eq-Tt. and I of Paved -hicular
armal also, depict on its plan
=
0
7-19/.
Architects
Inc
40.OZ
dravin3 by shading/cro— `hat $r
ILt,W77-sp
r-
S "0
LLL--
.
169,013SF
535 Spaces
—I —5&�5
511 Spaces
547 Spaces
0.40
MILEUG (Give applicable f -111&11
5.12 SP/1,0OOSF
4.67 SP/1,000SF
5 Sp/1'00OSF
200 Eczt Rebtn=n Stre-ot
—
sulto 400
M
Orlando. Flarldo 32COI
(407) 422-4070
V C=
r:
WM-MR/I
M -A Ma-V
i Iss
EL
00
S.
C,
M
EV1/22/92 ADD NEW S�Tr- DATA, L113T
SS 7
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0
W
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CD
=
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M
EV1/22/92 ADD NEW S�Tr- DATA, L113T
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an
ca
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cs STORM MANHOLE
TOP 76.39' INBOTI '
DRIVE (60 RIGHT\qF WAY) SANITARY MANHOLE'
WEST FLOW = 70JO' J.
NOR 8' CLAY PIPE TOP = 74.6
NORTH FL 0 W 70� 122'
V�f 4' CONCRETE WALK TOZP— 73,00' FL CI W 68.43- (8- CLAY)
n"C%
(TYPICAL) FLOW 7t.00'
2* MIAMI CURB
SANITARY MANHOLE -
N4 TOP = 75.71 *
ok�
s ma pp S
Z�-- CONCRETE WALK---
EXIST KMART
SIGN
OP
cam 45=
em on" CZENEmmom
------ ---- a 2XJ.5' BANK Sr 7
11;A7
13 4�S77 711
Ek3ST 8' WATER zi
47!
CONCRETE ISLAND
GULF TO BAY BOULLPPA" (STATE ROA.D #60) (TYPICAL)
/00' RIGHT OF XAY
SANITARY SN?.IBCL LEGEND WATER SYMBOL LEGEND STIORM SMER ".1BOL LEGEND
END WALL
SAN SEWER LINE WATER LINE STORM SEWER LINE
DOUBLE SERVICE LATERAL FIRE HYDRANT ASSEMBLY STORM MANHOLE
SINGLE SERVICE LATERAL BLOW 0 OUTFALL STRUCTURE
SANITARY MANHOLE VALVE AND C I VALVE BOX
I 1, DIVERSION STRUCTURE
CLEANOUT r REDUCER i INLET
SEWER MAIN IN CONC ENCASEMENT DOUBLE WATER SERVICE W/ METERS MITERED END SECTION
LIFT STATION SINGLE SERVICE W/ METER
FORCE MAIN CONCRETE SPILLWAY
CURB INLETS
a
STANDARD WYE
SEE PLANS FOR
SIZE AND TYPE
1**2lr—l"lffjz �
6' x 45* ELBOW
DIRECTION OF FLOW
a
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FLOW = 70.91'
FLOW = ZJl'
-u
TRUCK DOCK AREA
159 00'
FLOW = M47'
( 18- R.O.P. lit
kbr IANI)tic 11� plJ6.
EXISTING KMART
F7N FL EL 78. 66
to e
LSAO C..,-( F-,cw^ovv, e,�Rv,
17A.YMIT tv
cotjo. Vow-?-5-tw ?*v
'5rVIA4- VZI&V,
'54,0106 rop�-Tg,,.
M M N 12
GU AVENUE R/w PR06JECT SITE — — — — — — - 80,
NN
FILL Cc CW'PACT BLDG. PAD
SUBGRADE PER SPECS.
:7PRO;POSED WART EXPANSION FXISr A',V4Rr
FIN. FL EL 7&66 R. EL. 7966*
.�,a It
rn
PAVEMENT SEC11ONS
9
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HALT, APPLY TIM
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c)I L E,
EMST. PLANTER AREA
4 J. 0
ax 6y-"
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R!ltt�
11 6k Q 0
lGlj."Eljr C&Uy A4_L-T -Et"_
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-HULCH I-SM PLAN71W
66" rA--7E�� 4-611 L-
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W � WOM � ��' � MIN
(
2. Landscape Contractor shall furnish and pay for all plant material and related expenses, �ncludlng
EXISTING KMART
necessary permits and bonds, and installation, All plant material to be installed in acc,'rdance to
details herein.
411 6;�
3, Landscape Contractor is responsible to keep plant rnatei'W ire healthy, watered, free
condition for one (1) year.
El El
0
4 Landscape Contractor to provide a one year guarantee for trees/palms, shrubs, groundc(,,-et-s, and
sod. Guarantee period shall start with final acceptance by C)wner.
C/)
All plant material shill be
alive and in satisfactory growth at the end of the guarantee period- Replacement plant naterial �
1-� 4'
2-1
<
shall be guaranteed for an additional thirty days.
Ce)
5. Guarantee shall apply only to material that dies due to poor quality, improper handling )r /P
installation practices, or poor maintenance practices. (7 transolanted mntprini+�11
enerallv.
11
I Iq ) Or I N&I '%V, 0 It AO�-' 1 1 1 10 ' I �'� I -T- 11 16 PTanc cl— I I ;( -1 r r�' K.- II- -,I
—
I BY/ I i u r ) N I I 9! I, N 0 I I I f X ° U I -- 1 91 If 1-4 t l -1 -1 — — t I- 'J'-- I
C f Jy l
P4tk � G G C 16. Plans shall rule if there are any discrepancies in material quantities, All quantities to beverified CONSULTANT
P PP PP by Landscape Contractor, who shall also verify all existing grades, dimensions and conditions in 715
9 g' the field and bring any discrepancies to the attention of the Owner before proceeding '` Irnwacilfin lZISVU1,11I.4 r.V,111
i
w