05/17/1979
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AGINDA _ Chy @.lOn MeniD. . Hay 17, 1179
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Public H.,riuI' (Cont]
AaeftdiB. Zoainl Aelal . (Nominllid, Bltae.1
~ltl,l, ovaerl, Ryd,11, AaburllY, City)
~ . Ord1Aaace Mo. 1806 . "1 above
~D. Atl.. . (U.S. Ho.. . City)
~ . Or4talACI Ho. 1814.... abovl
~D' Atlal . Cl.arwat., ,.4lral
Sawt.,. . LOAD . Clty)
'I", ket41ft1 . Or4taaacI Mo. 1911 . .e. &bov.
Clei..al CO b. H.lrd rl It... Hot on the A,lad
City Atto~.Y RIDorel
Z7. SICOall leacU.D. . Ot'dl.aucl '1826 . AaIDdin! '
:on1ll{ AU.. of City (D1aitc eu L...iD,.
P.H. /5179)
21. Slcoad leadinl . OrtinADCI '1134 . A11lnelin!
SIC Z31.5 to Clartfy DlflDltioa of
UD4IVlloplel LIDd rl Loe Cl.arln.
.' ,
~
Plr.elalldlDI . Or4inaAc8 '19Z1 . Annlxin.
'o~lon of $.c. 18-Z9.16 (P.H. 3/15/19 .
Chatlau Wood Land Trust)
Pirlt R.&clin. . Or41DaDcI '18Z1 . AalDdiDI
lonin. AelLl of City to %ODI Proplrey
ADDlx.4 iD Or4lnanc. '19Z1
'irlt a.adID! - OrdiaancI '1931 . VICltID!
Railroad I.....nt (Mi.k-e1.lrvlter Indus-
trial Park Replat . P. H. 4/19/19)
Plrlt a.'dlD, - Or4inanc. '183' . Vacatinl
I....ent (Duthie - Willow Rid,1 Sub. .
P.H. 4/19l7i)
Plrlt aa'din! - Or4~ce '193i - AIIeDellnl
ZoDiDI Atla. of CI~ (Po~.ll . P.H. 4/19119)
Plut ...diD. - Ot'r:liDanCl 'lUG - Aam4iD'
1000nf Atla. of City CR. C. DIyelev-IDt -
P.H. lUng)
,irlt ..&dinl . Ordtaanc. . un - AaendiDl
Cha,ur Z. Acia1D1nratl= of Cadi to
IAaCt~a.v Article VI__EP~ll~~ca+.~I~I.ncy
36. POT DiTl~loD - OTdlDIACI '1~~1 . AaIDdlDI
%anlDf Atl.. of City (Cu.l. . Clty ~e atld
P.If. /19119)
37. Ra.ol~~loD - Aaendin, RI.olu~loa 19-%3 r.
appolD'-lnt. to Clelrw.te~ Hlalth Plcl11tl,.
Auihorlty
!I. R"OlutioD . Ded1cltiD, Cut&1n City awn,d
P~lrty for Public Park aDd Op.n Spac.
39. X..olud011 - Au~hortdll.l the C1t.,. Atton,y'l
OffiCI to Selk III Injunction to Ab.e. .
Publlc Mui.ane. at the Welplnl Willow .ar
40. Ra,olutlo& - Callinl tel' UfU at. Public Sale
fol' $1.650,000 Genlra1.0bll,.tloD Bands
41. '\ccal'tlllCI of E.....I1~&
-4%. Otha~' o.a:t..i= +Actfcm
43. Adfauniall\t
44. Tnu:te.. of'thl Eaployell' PeU10D Fuad
U..b.r,hlp of chi t.ploy...' PID,loD Fuud
45. MjouraaeDt
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(Continued) CitIzens
10. Bud Ronfro~ - supports meeting for dis-
cussion of issue ~f p1ayfield vs parking,
11. Iloward Hamilton supports more parking
for North end of beach.
12. Jean Hom~r volunteered to start a poti-
tion drive and report results.
13. Doris Stein requested Belmont Park
be dedicated.
27. Ord. #1926 adopted.
28. Ord N1934 adopted.
29. Ord. # 1927 continued to 6/7/79.
30. Ord. #1928 continued tq 6/7/79.
31. Ord. #1937 passed 1st ~eading.
32. Ord. H1938 passed 1st rending.
33. Ord. #1939 passed 1st reading.
34. Ord. #1940 passed 1st reading.
35. Ord. #1942 passed 1st reading.
36. Ord. #1941- City Clerk directed to advertise.
37. Resolution 79-43 tabled.
38. Resolution 79-44 adopted.
39. Resolution 79-45 adopted.
40. Resolution 79-46 adopted.
41. Accepted Eas~ments.
42. Other Commission Action
Commissioner Hoore - requested Commission
oppose new legislation on Financial Dis-
closure requiring filing of income tax
returns. City Manager directed to send
mai1agram tb Legislative Delegation.
Commissioner DeBlaker ~ requested Commission
support Yinellas County Charter revised ,
by Revision Subcommittee of Council of Mayors.
Commissioner Nunamaker - Commended REACT and
suggested City request their assistance ",'
. during emergencies.
Spend approxima'te1y 20 thousand to improve
Ross Norton Park Horseshoe rinks in 'an
effort to have World Championship Tournament
held here.
44. Accepted 4 employees into Pension Plan -
rej ected '4 employees. ,
45. Meeting adjourned at 5:15 p.m.
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21~23-25. No citizen comments.
22. Ord. No. 1906 - passed 1st reading.
24. Ord. #1914 - passed 1st reading.
~S. Ord. #1915 - passed ,1st reading.
26. Citizens
l~ Howard Groth - Clean Park Street
Bus' Termiiull.
2. William Rowe objects to lights'
and use of park area near Condon
Gardens for ball field.
~. Residents of Kapok Trailer Park
requested aid with drainage
prob1em- presented petition with
approximately 72 signatures.
4. Connie Lundeen commended Commission
on purchase and use of Mandalay
playfield.
5. James Gray objected to use of
Mandalay property for p~ayfie1d
6~ Bonnie Harding supports keeping
beach area for swimming and '
, recreation.
, ",7. :' Emma' Whitney supports a ~tarina
" .for beach ..
''/: "',,8; ~ Dorothy Griffin - opposed to
;"':_',~' :..:,',' plaY.fi~ld' use of MandaIy' property.
)"'" ,: <'~Requested"public be heard. .
:';:":"',:':9 ~!:: Ann; Garris supports 'playfield. '
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of S 1/2 of Lot 7, Pine11as Groves Subdivision in the
SW 1/4 of Section 1-29-15. - Fred and Denise Ohr.
6.4 Notification of Expirations and Resignations of Advisory
Board Members - Mobile Home Park Board (Resident category).
6.5 Change Order HI (Final), Bayfront Tennis Courts, to reflect
actual quantities used, decreasing Big K Construction,
Inc. ;'contract $7,87B.ll for a total present contraot'amount
of $39,481.89.
Commissioner DeBlaker moved to accept the Final Consent
Agenda as presented and to authorize the appropriate officials
to execute same. Commissioner Moore seconded the motion which
carried unanimously.
The 5.56 acres of land containing a building and located
at 211-215 Prospect Avenue, was offered to the City for the
sum of $500,000. The property is leased by two firms -- \qinn-
Dixie and SPARC, Inc. A registered appraiser established the
fair market value at $515,000. The primary purpose and use
of the property is for a large storm water detention area
on approximately two presently vacant acres of the tract.
Commissioner Nunamaker suggested the remainder of the property.
be held for future drainage purposes for a period of five years.
The City Manager stated an evaluation could be made at that
time to determine future disposition.
The Agreement for Sale and Purchase of Real Estate had
been forwarded to the owners and returned for Commission
approval.
The City Manager reported roof repair work will cost
approximately $40,000 and suggested a maintenance fund be
established from the rent collected to apply toward the cost
of repairs.
Discussion ensued on Section 13 of the owner's agreement
with the lessees, which related to repairs by the tenants, and
Section 25, Removal of fixtures by the tenant if he is not in
default and repairs all damage to premises caused by such
removal.
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Commissioner Nunamaker moved to approve purchase of the
property at 211-215 Prospect Avenue, consisting of 5.56 acres
w1th a 43 368 square foot building thereon, for the total '
price of !500,OOO with the condition that the lease for the
Winn-Dixie store be put on a monthly rental basis up to three
years; and that the portion leased by SPARC, Inc., be vacated
at the expiration of its lease on Novemver 30, 1981; and a
portion of the property be used for flood control with the
remainder to be held for future drainage purposes for a period
of five years, at which time determination of permanent use
can be maUe; and to authorize the appropriate officials to
execute same. Commissioner Tenney seconded the motion which,
carried unanimously.
ITEM HB - Reguest for Alcoholic Beverage Zoning to Permit
Sale of, Beer and Wine On and Off Premises at 1401-03 North
,Fort Harrison Avenue. Lots 4 and 5 and the westerly '80 'feet
,of, the southerly 10 feet of Lot 3, E.F. Hoy.t's Twin Oaks
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5/17/79
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Subdivison - Alex choco. (Continued from 4/19/79).
The City Manager stated parking is adequate and the usual
investigation has been made.
Commissioner Tenney moved to approve the request and to
instruct the City Attorney to prepare an amendment to the
Beverage Zoning Ordinance. Commissioner ~'oorc seconded the
motion which carried unanimously.
Annexation Agreements (Sewer and/or Water):
M&B 1 and 1-5 in the NE 1/4 of Section 2-29-15 -
Union Street United Methodist Church. (Continued
from 5/3/79. Item "14.)
The property located on the south side of Union Street
between Powderhorn and Nugget Drives, is developed as a church.
and its annexation would create an enclave. No additional
right-of-way or easements are required at this time.
ITEM "9
a.
The property owner requests waiver of the Annexation
fee and the parkland dedication requirement.
Commissioner DeBlaker moved to approve the Agreement,
waive the parkland dedicati6~ requirement only, and to
authorize the appropriate officials to execute same. Commissioner
Nunamaker seconded the motion which carried unanimously.
By unanimous consent. the Commission agreed to consider
Items 9-b and c collectively.
b. Lot 17. Coachman Hill Estates '- Paul.F. 'and
Marilyn S. Kueber.
The property located on Alligator Creek Road east of
Belcher Road, south of Seaboard, Coast Line Railroad, and
west of Northeast Coachman Road is vacant and a single-family
residence is planned. '
and,
c.
wa'ter
The property located on the northeast corner of North
Betty Lane and Woodbine Street,is currently vacant and a single~
fam~ly residence is planned.
Commissioner Tenney moved to approve the'Annexation
Agreements for Items 9-b and c and to authorize the appropriate
officials to execute same. Commissioner Nunamaker seconded
the motion which, carried unanimously.
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ITEM "10 - A~reement Between City of Cl'earwat'e'ra'nd 'the
Clearwater Slow P~tch Softball Association.
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The Association wishes to construct a small concession
room attached to the back wall of the existing restroom/
storage building at Frank Tack Park. The City'S Engineering
,DepaTtment prepared the plans and all City building codes will
be satisfied.' ,
'The Parks and Recreation Department recommends ,approval.
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Commissioner Tenney moved to approve the Agreement and'
to authorize the appropriate officials to execute some.
Commissioner Nunamaker seconded the met ion which carried
unanimously.
ITEM ~ 11 - Rehabilitation Loan Program Amondments.
The Commission approved guidelines for n Rehabilitation
Loan Program in December, 1977, sotting the maximum loan
amount at $10,000 and an advance maximum at $7,500. Due
to inflstion and increases in construction related costs,
Staff recommends the limits be increased .20%.
HUD has approved use of Community Development Block Grant
funds for rehabilitation assistance on a spot basis throughout
the City but limits assistance to violations of the local
tfinimum Housing Code. Special exception provisions have been
drawn for the preservation of housing stock in neighborhoods
in the early stages of decline and to correct individual
blighting influences in standard neighborhoods.
Commissioner Tenney moved to approve an increase of 20%
for rehabilitation loans to $12,000 and advances to $9,000,
to approve the Special Exception Program permitting spot re-
habilitation loans and advances throughout the City, and to
authorize the appropriate officials to execute same. Commissioner
DeBlaker seconded the motion. Commissioner Tenney stated he
would request review of the project and discussion at the next
briefing session: Motion Carried unanimously.
ITEM #12 - Revised Fee Schedule. Resolution 879-42 -
Establishlng fees to be Charged for Appllcations for Community
Impact Statements, Sit~ Plans, Subdivision Plats, Annexation
Requests, Land Use Plan and Zoning Atlas Amendments, and
Special Exceptions and Variances.
Commissioner DeBlaker moved to amend Resolution #7D-42,
Paragraph D, title to read, "Schedule of Fees for Annexation
and Initial Zoning Requests"; and Subparagraph (l) to read,
"Base charge for each application for an agreement to annex
or annexation and initial zoning designation." Commissioner
Tenney seconded the motion which carried unanimously.
Commissioner DeBlaker moved to pass and adopt Resolution
#79-42, as amended, and to authorize the appropriate officials
to execute same. Commissioner Tenney seconded the motion.
Upon roll call the vote was:
"Ayes": DeBlaker, Moore, Nunamaker, Tenney and
LeCher.
IINays": None.
ITEM #13 - Utilities Ordinance. First Readin~, Ordinance
#1836 - Enacting New Chapter 24, Regulating UtilitlY System.
Ordinance #1836 establishes legal policy for the operation
of the City'S Utilities Department, including water, sanitary
sewer, garbage, and natural gas distribution system.
The proposed ordinance will require all new customers
(owners ,or tenants, residential or commercial) to pay a deposit
,~- tobe'rotained by the City. It will not exempt the City from
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responsive and responsible bids. and to authori~e the appro-
priate officials to execute said contracts which shall be in
accordnncc with ,the plnns, specifications and bids. Motion
was seconded by Commissioner ~foore and carried unanimously.
ITEM H16 - Verbal Reports and Other Pending Hatters:
ARreement with Wyomin~ Antelope Club for Use
or Pistol Rall~ ror FJ.rcarms Qualification
Training for ~licc Officers.
The Police Department must use this facility for its
firearms qualification training as the old facility has been
closed.
a.
Commissioner Nunamaker moved to approve the agreement
and to authorize the appropriate officials to execute same.
Commissioner Tenney seconded the motion which carried unanimously.
Zoning A~peal by the Residents of Bay ,House
CondominJ.um - Ro Dock Permit, 644 Island Way,
Island Estates, Section 5-29-15 (Robert Pfeil
of AAA Marine Co.).
The Board of Adjustment and Appeal on Zoning approved a'
request for a dock permit on April 12, 1979. On May 7,
residents of the condominium filed an appeal of the decision.
Attorney for the Bay House Condominium Association filed a
response on May 14. 1979, requesting the appeal be dismissed.
b.
Commissioner DeBlaker moved to dismiss the appeal as it
was not timely filed. Commissioner Moore seconded the motion
which carried unanimously.
The Commission recessed at 10:35 and resumed at 10:48 a.m.
The City llanager informed the Commission of a leak
in the library roof which occurred during the ~iay 8, 1979,
rainstol'm.
Commission proceeded to City Attorney Reports.
The City Attorney presented Ordinance #1926 for second
reading and stated he would read by title only unless there
was a request to read in its entirety. The Ordinance was
read by title only. Commissioner Tenney moved to pass and
adopt Ordinance #1926 on second and final reading and to
authorize the appropriate officials to execute same. Commissioner
Moore seconded the motion. Upon roll call the vote was:
IIAyesll: DeB1aker, Moore, Nunamaker, Tenney, and
LeCher.
"Nays": None.
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during Item '26, Citizens to be Heard. lie noted that the owner
is now considering renovations to tho building to alleviate
the noise factor. Commissioner NunaJflakor stated the purpose
of the resolution was not to close the business but to sock
on injuction to abate tho noiso.
Commissioner DeBlaker moved to pass and adopt Resolution
H79-45 and to authorize the appropriate officials to oxecute
same. Commissioner Nunamaker seconded the motion. Upon roll
call the vote was:
"Ayes" :
DeBlaker, Hoore, Nunamaker and LeCher.
Tenney.
"Nays":
Motion carried.
ITEM #40 - Resolution #79-46 - Calling for Bids at Public
Sale for $1,650,000 General Obligation Bonas.
Commissioner DeBlaker moved to pass and adopt Resolution
#79-46 and to authorize the appropriate officials to execute
same. Commissioner Nunamaker seconded the motion. Upon roll
call the vote was:
"Ayes":
DeBlaker, Moore, Nunamaker, Tenney and
LeCher.
"Nays":
None.
ITEM #41 - Acceptance of Easements.
The City Attorney presented two gas main installation and
maintenence easements for:
Portion of NE 1/4 of the NW 1/4 of Section 11-29-15
from F. M. Wells, Jr. and George N. Meros;
and
Portion of SW 1/4 of the SW 1/4 of Section 5-29-16
from Uquity Enterprises, Limited. (Patricia M.
Hickman, General Partner).
Commissioner DeBlaker moved to accept the above instru-
ments and to direct the City Clerk to record same in the
Public Records of Pinellas County, Florida. Motion was
seconded by Commissioner Nunamaker and carried unanimously.
ITEM #42 - Other Commission Action.
Commissioner Moore
Requested the Commission oppose the new legiSlation
requiring full Financial Disclosure. Commissioner DeBlaker
requested the City Manager send a mailagram to the Legislative
Delegation'from the City Commission as being opposed to the
new legislation, and requesting elimination of all references
to amounts of income and that source of 'income only be required.
Also see Other, Commission Action, Page 20.
ITE~f #43 - The Commission meeting was recessed at 11: 25 a.m.
, and met as ,Trustees of the Employees' Pension Fund with the
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Street, south of Gulf-to-Bay Boulevard and east of Thornton
Road. Its annexation will eliminate a small County enclave. ,
It"is developed with a residence 'which has been vacant for.
some time. The applicant requests waiver of park dedication
requirement.
The Planning and Zoning Board and Planning Director
recommend approval.
Commissioner Moore moved to approve annexation Item
H17-b, waive the ,park dedication requirement, require an
additional lO-foot right-of-way easement along the south
side of the property, and to instruct the City Attorney to
include this in an ordinance. Commissioner Tenney seconded the
motion. There were no citizens to speak. Motion carried
unanimously.
c. Portion of the NW 1/4 of Section 5-29-f6
(M&B 20) described as: Start NW corner of NW
1/4, Section 5-29-16, run E 100 feet to P.O.B.,
E'1233.71 feet,S 526:51 feet~' W l23~~46 f~et .
and N 525.64 feet to P.O.B., with CP (parkway
business) zoning and Fire District HI classi-
fication. Jennifer Office Complex, Allan B.
Davis, Trustee.
The property contains 14.92 acres, is vacant, and located
on the east side of U. S. 19 north of Main Street (Sunset
Point Road) and south of Tenth Avenue South. A right-of-
way and drainage and utility easement will be required.
The applicant plans a racquetball club on Unit 4 in the
first phase. The remaining uses in the complex may be a
combination of uses as permitted in the CP zone.
The Resource Development Committee and the Planning and
Zoning Board recommended approval subject to conditions.
The Planning Director reported there would be one access
road from U.S. 19. The City requests right-of-way for Union
Street but the developer states he needs all of the property
and the plan was approved by the County without a request
for the right-of-way.
Victor Hanger, representative of the applicant, was
present.
Commissioner Tenney moved to approve the annexation
subject to dedication of the required easements, dedication
to the City of lands indicated as "H" and "H-l I' on Drawing
H2, that each phase as developed come back for site plan
review, that the develper be required to install a lift
station and force main to connect to existing sewer on Lawson
Road and a main extension of approximately 520 feet to make
water available from the west side of U.S. 19, to establish
CP (parkway business) zoning and Fire District HI Classification
and to instr.uct the City Attorney to include this in an
ordinance. Commissioner Moore seconded the motion.
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',: ' Victor Hanger \'las amenable to further discussion on the
right-of-way for Union Street if a workable plan could be
agreed 'upon for granting setback variances.
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,,'There were no citizens to speak.
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12.
S/17/~9,
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along the south property line.
The developer is requesting CG zoninr. for Porcol A (facing
Drew Street), and RM-12 zoning for Parcel B (rear, or southern
portion). Porcel B is listed on the Comprehensive Land Use
Plan as low density residential but is shown as medium density
residential on the Pinel Ins County Land Use Plan.
The Planning and Zoning Board recommended CG zoning for
Parcel A and ruM-8 zoning for Parcel B, to be consistent with
the Comprehensive Land Use Plan.
The Planning Director and the City Manger recommend
~i-8 ~oning for PaTcel B.
Albert Rogero, Jr., attorney representing the applicant,
stated they planned four quadruplexes for Parcel B and the
area residents have approved the plan. The present owner
has owned the property fOT the past five years. The County
had approved a residential density, of l2;S'units'for Parcel
B. No traffic problem would be created by construction of
16 units.
There were no citizens to speak.
Commissioner DeBlaker moved to approve the annexation
and to establish CG zoning and Fire District #1 on Parcel
A and RM-a zoning and Fire District HI on Parcel B, subject
to the required easement; and to instruct the City Attorney
to include this in an ordinance. Commissioner Moore seconded
the motion which carried unanimously.
ITEM #18 - Public Hearings on Requests for Rezoning:
a.
The property is located on the northeast corner of
Mandalay Avenue and Juan~ta Way on Clearwater Beach.
The change to P (public) zoning ,'lill permit the develop-
ment of a playfield by the City.
The Planning and Zoning Board and the Planning Director
recommend approval.
Several citizens spoke in support of P (public) zoning.
A petition was presented, for the record, opposing the
use of the property.
Commissioner Tenney moved to approve the request for
P (public) zoning and to instruct the City Attorney to include
this in an ordinance. Commissioner DeBlaker seconded the motion
which carried unanimously.
b.
'Lots 9' and 10" BIO'Ck'Ar Plaza Pa'rkS~bdivi~ion
from RM-28 (multi~fami y residentia~ to PS
(professional services) Rare Earth Properties,
Inc.
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~~::'~i\;,,-":,:,' , Co~mission' received a request to continue this item
..;~t~\,/::~/::,:,>:" .}..1~~~1 ~~ter, in t~e ,~eetinR when the attorney representing
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the property owner could be present.
Commissioner DeBlnker moved to henr this item after
completion of Item H20. Commissioner Nunamaker seconded the
motion which carried unanimously. (Please see page 17.)
ITEM #19 - A Public Hearing on Reguest for Vacation of
Utility Easement, Lot 28, Countryside Tract 8, Unit I.
2666 Red Oak Court - Starr Hankis.
A swimming pool was constructed at the rear of the property
and an error in layout resulted in the pool structure being
built within the lO-foot utility easement. The applicant
requests vacation of the portion of the easement containing
the pool and decking.
The recommendation covers the portion of the easement
where the pool is constructed. The decking can be removed
with less effort than a pool structure, and that portion of
the easement will not be vacated.
Commissioner Nunamaker moved to approve vacation of the
south three (3) feet of the existing ten (lO)-foot utility
easement on the north side of Lot 28, Unit 1, Countryside
Estates, Tract 8; and that the applicant remove and replace
the decking if required by the City; and to instruct the City
Attorney to include this in an ordinance. Commissioner
Moore seconded the motion. There were no citizens to speak
in opposition. ~lotion carried unanimously. '
ITEM H20 - Public Hearings on Zoning Appeals:
a. Sand Key Properties, Inc., for variance to
permit occupancy of motor home for security
purposes on tract of land west of Gulf Boule-
vard in the SW 1/4 of Section 17-29-15 and
the NW 1/4 of Section 20- 29 -15. 'Landmark
Towers, 1230 Gulf Boulevard; Zoned m.f-28
lhlgh density, mUlti-family).
The Board of Adjustment and Appeal on Zoning denied this
request April 12, 1979.
The applicant's representative requested a continuance
as he had been called out of town.
Commissioner Tenney moved to continue this item to
June 7, 1979, at 12:30 p.m. Commissioner Moore seconded
the motion. There were no citizens to speak. Motion carried
unanimously.
b. Bernard F. Powell (Donaldson Homes, Optionee)
for a special exception to use n moored yacht
as a sales office adjacent to the narrow strip
of land east of Gulf Boulevard and extending
north 686 feet M.O.L. from Clearwater City
Limits of Government Lot 1, Section 30-29-15,
and zoned CG (general business) and AL (aquatic
lands) .
The Board of Adjustment and Appeal on Zoning denied this
',request April 12', 1979.
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1 :.~ : L ~. . .. "': ~ . . .
,':' :' : ,', ~.'",:' '. "":, ,The P1ann1ng DiTector presented slides of the area.
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Phillips Evans, applicant's representative, stated the
yacht to be us cd as a salcs office-would be attractive and
complimentary to the area. He quoted from Section 29.05,
Aquatic Lands District, and stated this U3C is not permitted
or prohibited. Thc boat will not affect thc navigation channel,
nor will it interfere with boaters or affect the health,
safety or welfare of the citizens. An area providing ten
parking spaces has been provided and approved by the Traffic
Engineer. There are approximately 400 units to be sold and
Mr. Evans requested no time frame be set.
The Planning Director reported parking parallel to the
road would obstruct the view. Access to the area will be a
problem as it is a narrow strip of land. Landscaping and
a sprinkler system may have to be altered. He does not feel
a real ~state office is consistent with the intent of aquatic
land districts and it is not compatible with aquatic land
zoning. He suggested the boat be moored off the land to be
sold.
Mr. and Mrs. William Hunter spoke in objection, citing
traffic congestion and the need for a dock at the area as it
is very shallow close to the seawall in this particular area
where the boat is to be moored. If the canal is restricted
in any way, he would not be able to use his boat.
Howard Groth questioned the bathroom facilities on the
boat.
A letter of objection from Melvin Meyer was read into
the record by the City Manager.
Commissioner Nunamaker moved to overrule the decision of
the Board of Adjustment and Appeal on Zoning and to grant the
request for a special exception to use a moored yacht as a
sales office for a period of one year, with further approval
to be made at the City Manager's discretion, to provide ample
room for other yachts, and to comply with all EPA regulations.
Commissioner Tenney seconded the motion. 'Commissioner Tenney
reported a conflict of interest. (Conflict of Interest Memo-
randum is attached for the record). Upon the vote being taken,
Commissioners Nunamaker, Hoare and Tenney and the Mayor
voted "Aye"; Commis,sioner DeB1aker voted "Nay'; II Motion carried.
By unanimous consent, the Commission agreed to hear
Item 20-d next, at the request of the applicant.
Chief Charley's Inc. EmEloyees Profit Sharing
Trust for two front setback variances to permit
construction of residences on Lots 9 and 12,
Heather Trail Subdivision, located at 2985
and 2986 Heather {Tra11) Court, respectively,
and zoned RS-IOO (single family).
The Board of Adjustment and Appeal on Zoning denied
this request April 26, 1979.
d.
Ronald Sellier reported he was the owner of Lot 12 and
also represented the owner of Lot 9.
,Charles Idelson, a neighbor to the west, stated he had
no, objections. "
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The variance will allow the houses to be placed approxi-
16.
5/17/19,
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mately eight feet closer to the street and conform to tho
cuI-dc-sac. All of the lots ore irregular and it will be
easier for' the City to clear the drainage eaSement "if the
variance is granted.
Max Battle~ City Bngineer, supported granting the vari-
ance because of the easement which would have to be relocated
if it is not granted.
No citizens spoke in objection.
Commissioner Nunamaker moved to overrule the decision
of the Board of Adjustment and Appeal on Zoning and to grant
the variances requested. Commissioner ~loore seconded the
motion which carried unanimously.
c. Case of Thomas Huse for a side setback variance
to construct a pool screen enclosure on Lot 6
College Hill Park Subdivision, located at l86~
Emory Drive and zoned RS-75 (single-family).
Appellant, Carole Schroeter.
The Board of Adjustment and Appeal on Zoning granted this
request April 12, 1979, and Carole Schroeter, an adjoining
neighbor, is appealing the decision.
The Planning Director reported there is an existing
swimming pool the owner wishes to encmse~ ,rhe swimming pool
',was constructed correctly. The enclosure would require a
variance: of approximately three feet. There is a,wood
stockade fence on the sides and rear of the property.
Thomas Huse stated he purchased the property three months
ago with the swimming pool already constructed. He is re-
questing the variance to construct the screened enclosure as
a protective measure for his children and children of the
neighborhood. He presented three letters of approval from
adjacent neighbors.
David Davison, attorney representing the appellant,
stated other options were available for placement of the
pool. The same setbacks have been in existence in the
area for many years and other pools in the area have been
constructed within the setbacks.
Carole Schroeter stated the enclosure would deprive her
of light and air and be too close to her house. However,
she would agree to a one-foot variance, Her home is 8.7 feet
from the property line.
Commissioner Tenney moved to uphold the decision of the
Board of Adjustment and Appeal on Zoning to grant: the variance,
and to deny the request of the appellant. Commissioner Nunamaker
seconded the motion. Upon the vote being taken, Commissioners
Moore and Tenney and the Maror voted "Aye"; Commissioners
DeB1aker aI1;~ Nunamaker voted "Nay." Motion carried.
Commission recessed at 2:45 and resumed at 3 p.m.
Commission returned to Item l8~b.
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This property is located at' the northwest corner of Drew
Street and Pennsylvania Avenue and the change of zoning is
requested to permit development of an office building.
The Comprehensive Land Use Plan shows the area as low
density residential and granting of this request will necessi-
tate a Land Use Plan amendment and will also create B small
isolated Brea of commercial in the midst of an otherwise
residential neighborhood. '
" The Planning and Zoning Board and the Planning Director
recommend denial.
The Planning Director presented slides of the area.
Susan Whaley, attorney representing the applicant,
stated professional services zoning would act as a buffer
between the CG zoning to the west and the surrounding residen-
tial area. The advantages to professional services zoning ,
would be a well-kept exterior and lower crime rate. The
area is not suited to residential growth and has had no con-
struct~on to speak of in the past few years.
The Planning, Director stated it is an established resi-
deritial area and if the zoning were to be approved, the Commission
would be establishing a professional office, a commercial
activity, in the midst of a residential area.
Commissioner Nunamaker moved to deny the request to
rezone the property. Commissioner DeBlaker seconded the motion.
Upon the vote being taken, Commissioners DeBlaker, Nunamaker
and Moore, and the Mayor voted "Aye"; Commissioner Tenney
voted ttNay.tt Hotion carried.
The Mayor announced a conflict of interest. (Conflict
of Interest Memorandum is attached for the record).
There were no citizen comments.,
Commissioner DeBlaker moved that Ordinance #1906 be read
and considered by title only on the first reading by the
unanimous consent of the Commission. Motion was seconded
by Commissioner Moore and carried unanimously.
The ordinance was read by title only. Commissioner
DeBlaker moved that Ordinance 81906 be passed on its first
reading, Motion was seconded by Commissioner Moore. Upon
roll call the vote was:
"Ayestt :
DeBlaker, Moore, Nunamaker, Tenney and
LeCher.
"Naystt:
None.
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)t,,~::',;>:',:~::; " ITEMS 123 arid 24 ~ A rublic Hearing and First Reading,
'"~~';!;"':<'-:':: ',:',..;..: " Ordinance ff 1914 - Amend1ng Zon1ng A't.Las. ::lIV l'or'tion of
e~";';<':"\:':~.';i;' ",.Tract. 56: in W 1/2 of Sect10nlU-lH-.Lb, L;oun'tryside 'to RS-75
~W~::<:~'M:!~-;"i~:":> ,,',LSinile-familv res1dent1all u.~. Home, uwner; Ci'ty of
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There were no citizen comments.
Commissioner Moore moved that Ordinance *1914 be read
and considered by title only 'on the first rending by the ,
unanimous consent of the Commission. Motion was seconded
by Commissioner Nunamaker and carried unanimously.
The ordinance was read by title only. Commissioner
DeBlaker moved that Ordinance "1914 be passed on its first
reading. Motion was seconded by Commissioner Nunamaker.
Upon roll call the vote was:
"Ayes":
DeBlaker, Moore, Nunamaker, Tenney and
LeCher.
"Naysll:
None.
There were no citizen comments.
Commissioner Nunamaker moved that Ordinance #1915 be read
and considered by title only on the first reading by the unanimous
consent of the Commission. ~fotion was seconded by Commissioner
DeBlaker and carried unanimously.
The ordinance was read by title only. Commissioner Moore
moved that Ordinance "1915 be passed on its first reading.
Motion was seconded by Commissioner DeBlaker. Upon roll call
the vote was: '
IIAyes":
DeBlaker, Moore, Nunamaker, Tenney and
LeCher.
"Nays":
None.
ITEM #26 - Citizens to be Heard Re Items Not on the Agenda.
Howard Groth asked that the Park Street Bus Terminal
be cleaned.
William Rowe presented a letter and a petition with
approximately 26 signatures in objection to the lights,
disturbances, and ballfield use of the park area near Condon
Gardens.
Residents of the Kapok Trailer Park presented a petition
with approximately 72 signatures requesting correction of the
drainage proplem which has caused flooding.
Connie Lundeen commended the Commission on the purchase
and use of the Mandalay Playfield. James Gray) representing
the Clearwater Property Owners Association, objected to the
use of the MandaIay property as a playfield rather than
parking. Bonnie Harding supported keeping the beach area
for swimming and recreation. Emma Whitney spoke in support
. , of a Marina on Clearwater Beach. Dorothy Griffin opposed the
" '..' Mandalay property's use' asa playfield. Ann Garris spoke in
',,:;-.: ,/i,' ,\ ", support of the playfield. Bud Renfroe suggested a public meeting.
'(.:-:-:"~<::',...: Howard Hamil ton supported use of the Mandalay Property for
~~i~~f~~s;jki,:;~:2;':l'" ..;;,,/,: ,,',.: '" , , :
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',:5/17/79
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recreation and parking. Jean'Homer spoke in support of the
playfield and volunteered to start a,petition drive and report
results. Doris Stein requested that Belmont Park be officiAlly
dedicated.
ITEM "42
Other Commission Action. (Also see Page 10).
, Commissioner DeBlaker moved that the Commission support
the Pinellas County Charter revisions by the Revision Sub-
committee of the Council of Mayors. Commissioner Nunamaker
seconded the motion which carried unanimously.
Commissioner Nunamaker commended REACT (Pinellas County
Radio Emergency Assistance Team) and s~ggested the'City ,
request their assistance during emergencies. '
Commissioner Nunamaker spoke in support of spending
approximately $20,000 to improve the horseshoe rinks at Ross
Norton Park in an effort to have the World Championship
Tournament held here.
The meeting was adjourned at 5:15
,;
Attest:
, . ,
. rJe...JL--. L ~:F~..4J'
Gi ty Clerk
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" eFOAM 4 '
MEMORANC_ OF VOTING ~ONFLICT
DATE O.H VaT! OCCURREDI,
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PAAT~ ~
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N.m.: S
(L~ _ IPIl'lSTI
Address: ,3) I '61. '\. )e .f4'(~r~a Yl
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T,I,phon.:
MIDDLE! n.r'" IAlCI I,NUMUl'l1
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(CITY! (Zlfi C DIU (COUNTYI
PART B
Agoncy Is a unit of (check ono] :
Name of Agency: C 4
Position held In Agency:
) Stato of Florida; l~nty, CIty or othor Political SubdivIsion
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PART C
MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes D 112.3143 (1976)]
If you havo voted In your official capacity upon any measure in whIch you had a personal, private, or professional Interest which Inures to
your special prlvflte gain or the special private gain of any princlpal by Whom you are retained, please dlscloso the noture of your Interest
.below.
a
1. Descrlptlon of the matter upon which you voted In your official capaclty:~
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2. DescriptIon of the personal, private, or professional Interest you have In the above matter which Inures to your spOi:lal private gain or
the special private gaIn of any principal by whom you are retalnlld: '
-=t: 'i~'" w;-d., ~ \~: Ie. I!!Il 4' ~ ,
;ft.19::~~~~\,J1:;e 6 ~;r.':-e~~A ~:~
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3. Person or principal to whom the special goln described above will inure:
I. ( ,j Yourself b. ( >>Prlncipal by whom you are retained:
., , PART 0 "
FILING INSTRUCTIONS
This memorandum must be filed withIn fifteen 1151 days following thll meetIng durin!] which the voting conflict occurred with the person
responsible for rOi:ordfng the minutes of the meeting, who shall Incorporate the memorandum In the meeting minutes. This form need not be
filed merely to Indicate the abMnce of a voting conflict. Florlda law permits but does not require you to abstaIn from voting when a conflict
of Interest arises; If you vote, however. the conflict must be ditclQsod pursuant to the requIrements described abo~e.
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L~~~ Jlo,.Iffpl'~ ~DMAV .1, PUNIGiID IV ONr.,OR MORE OF THE FOLlOWINO: IMPEACHMENT, Rl!MOVAL OR IUIP.NSION FROM OFFICI,"
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May 17. 1979
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FINAL.
CONSENT AGENDA
Bid: '
Purchase, of one
3 bids, low bid,
$5143.00
(1) 4-door
Karl Flammer
sedan with Police Package.
Ford, ,Inc. Tarpon Spring s ,
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Request for Rezoning (For Referral)
Tract 59~ Countryside from RM-20 to R.P.D. 10.5
CU. S. Home Corporation)
Request for
S 1/2 of S
SW 1/4 of
Annexation (For
of Lot 7 Pine11as
1-29S-15E (Ohr)
1/2
Se,c.
Referral)
Grov:es,Sub ,in
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Notification of Expirations and Resignations of Advisory
Boar"d.Members:
Mobile Home Park Board
Change Order
Bayfront Tennis Courts, Final, -$7,878.11
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