06/23/1969
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CIT'i COMlUSSION MtE'rING
,June 23t 1\J69
The City Commission of the City of Clearwater met in special session at the
City Hall, Nonday, June 23, 1969, at 1:30 P.M. with tho followinr. members presentt
L'
H. Cverott !IouRan
Donald s. Williams
Drooks Ca rte r
Donald Carlson
Rick lIall
liavor-Commiooioner
Commissioner
Comml~sionar
Commisslonor
Commis Gioner
Also present were:
lJerrett R. Sticrheim
He rbert 11. Drown
Paul Derl1m~nn
~h, j or 1'lm. I1cClamma
City l16,nagcr,
City Attornev
PlanninB Director
Representinp, Police Chief
The Mayor called the meetinn to order. The invocation was niven by the
City Attorney. The 11ayor announced the purpose of the meetinp, was to hold ?ublic
hearin~s on ~oninBt annexations and chanr,es in R-4 zoninp, classification and
model ,home re~uirements in the zoninp.: ordinance.
Mr. John Bonner, attorney representing Richard Kamenskv, Trustee, requested
a continuance to July 21st of the public hearinR on ITEM 11, requeot for annexa-
tion and zoninp.: of the IlL 1/4 of NH 1/4. Section 1-29-15, with requested zoning
of R-4 (multi-familv) for the West 250 ft. and tho bal3.nce Hll (mobile home :lark).
lie requested delay to study the proposed new ordinance on R-4 zones. Commissioner
Williams moved that the request .of Mr. Bonner on behalf of Kamen!'lky for continuation
of this pUblic hearinp, to Julv 21st, 1969, at 1:30 P.M. be approved. Motion was
seconded by Commissioner Carter and carried unanimously.
A letter from Mr. Charle~ B, Goldsmith, architect, was read requestinp, with-
drawal of ITE/1 4, Request of Turner';'Brandon American Legion Post Ho. 7, for change
from R-IL (6~ngle family) to R-3 (LD) (low density multiple dwelling) for Lots 1
to 5. incl., and south 30 f~. of Lot 6, Block E, Suburb Beautiful. Commissioner
Carter moved the request for withdrawal by the American Lep,ion on Lots 1 to 5,
inCl., and south 30 ft. of Lot 6, Block E, Suburb BeautifUl, at Druid Rd. and
Phoenix Ave. be approved. Motion \Jas seconded by Commissioner Hall and carried
unanimously.
ITEH 1 -' request of National LxchanRe Investment, Inc., for Lots 1 and 2,
B. C, Bass Resub., to be changed from R-4 (multi-family) to PRS (professional and
related services). The Planning and Zoning Board recommended approval of the
application. There were no objections. Commissioner Carter moved the application
of ,National Exchange Investment, Inc. for PRS zoning from R-4 (multi-family) on
Lots 1 & 2, B. C. Bass Resub., less trianp,le in southwest corner, be approved and
the City Attorney be instructed to include this in an amendment to the ~oning
ordinance to be brought back to this Commission for approval as soon as possible.
Motion was seconded by Commissioner Hall and carried unanimously.
ITEM 2 - request of James Andrews for Lots 17 & 18. Terra Alto Estates to
be chanp,ed from R-1D (single family) to B (business). The Planninp. and Zoninp,
Board recommended disapproval as usage would not be compatible to existing develop-
ment, sufficient business zonin?, is available in the area. and business usage
would cause devaluation of surroundinp, developed properties. Hr. ~/m, :1acKenzie,
attorney for the applicant, presented a map of present City and County ~oning
along Highland Ave. in this area showing a mixture of residential and business
usages. /1r. Ross Alexander, real estate apnraiser and realtor, discussed the
value of lots in the subdivision and stated these two lots had been put in multiple
listing but there were no offers. ~r. James Andrews, in reply to a ~ue9tion, stated
if the zoning was granted he planned to build a building to contain 4 or 5 stores,
Mr. Edw. Geoghegan, attorneYt representing some of the adjoining property owners,
stated there had not been one breach of zoning or plat restrictions in this sub-
division and if this chanp,e was granted it would devalue the surrounding properties.
The Clerk reported letters of objection from Grace Lutheran Church and Louise V.
Houghton, 1493 Otten. and a petition of objection signed by twenty persons.
Commissioner Carter moved that the requeGt of 111."'. James Andrews for Business zoning
from R-ID (single family) be denied. Motion was seconded by Commissioner Williams
and carried unanimously.
ITEM 3 - request of James"L. Turner et al for the west half of Lots 7 and 8,
Block g. P~ne,Crest Sub.. to be changed from R-2 (duplex) to B (business). The
Planning and Zoning Board recommended disapproval as business usage t~as not needed,
Myrtle Ave. was improved to carr'! traffic, the area needs additional housing units
and overall planning alonF, Myrtle Ave, should provide variability in housing sites
from single family to multi-family. Mr. Joseph Turner, Sr., pointed out the propertv
immediately north waS being used permissively as a plant nursery, the property to .
the south had been rezoned to Business and to the west the zoninp, was Business.
Mr. F. KoeniR and Mr. Herbert Blanton, Jr., spoke in favor of the application. A
letter from Mr. Jas. Jackson was read in favor. Mr. GeorRe Tucker, 802 Eldridge,
spoke in objection and presented a peti~ion of objection with 22 sinnatures.
Commissioner Williams moved the request of Mr. James L, Turner et al for Business
zoning on Lots 7 & 8, Block 9. Pine Crest Sub., at North HyrtJ.e & Eldridge St..
be denied without prejUdice. Motion was seconded by Commissioner Carter. Upon the
vote being 'taken, Commissioners Williams, Carter, Car.lson. Hall voted "Aye". Hayor
Hougen voted "No". Motion carried. " .
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CITY COMMISSION MEETING
June 23, 196'::)
The Mayor announced the public hearings on tha requests fo~ annexation and
zoninr. of tho followinR ?roperties in Kapok rorest SUb.l
ITCM 5 L. Kagall et al Lota 2t3,9,12,19,30,35,52 R-1D
pt. of Lot 11
ITEH 6 S', Bar-kar & J. Dohme Lot 36 R-2
fTEI1 7 " " " II " 1.at 1 R-3
I'fEH 8 " " II " If T..ots 38, 39 R-14
rrEH 9 City of C111oll"Wa ter Lot 13 Public
ThaPlanninr. anr! ZoninH Board racommended apPr'ova 1. of R-1D (sinnle family) zoning
for Lots 2,3,9,12,19,30,35,52, rt. Lot II; recommended denial of R-2 (duplex) zoning
for Lot 36 and recomm9nded R-1D zoninr. instead; rQcommend~d aoorova1 of R-3 (multi-
family low density) for Lot 1; recommended denial of R-4 (multi-family) fo~ Lots 38,
39 but recommended R-2 (duplex) zoning instead; recommended a?prova1 of P (Public)
zoning for Lot 13 as it was bainn used for utility casements. The City Mana8e~
stated a petition of objection wan received \-1ith 56 !;d~naturas. Hr. J. R. Dohme,
1550 Walnut, Rtated he could build on Lots 35,36,38,39, but he could not get bui1d-
inp, permits for Lots 1,9,52 as they would not pass percolation tests and therefore
needed City sewer. He also ap,l"oed to accept the recommended zoning. MI", t-lm. D.
Gallant, 1225 Kaook Kovo CiI"c1e, objected on behalf of all the homeowne~s in the
subdivision and stated that only one homeowner had petitioned for annexation,
Mr, Kase1l. Hr. Leon ~aso11 was present and requested that his petition for annexa- .
tion be withdrawn, that he had. signed with the understanding that most of the owners
we~e Aoing to siRn in order to Ret oewers. Commissioner Carter moved the request
of ' Hr. Kasel1 to withdraw the petition of annexation for Lots 2 and 3, Kapok
Forest, be approved. !'Iotion was sl3conded by Commi!3sioner Carlson and carried
unanimously.
'Mr., Wm. D. Gallant said the 10 lots in Kapok Forest petitioning for annexa-
tion were vacant and there were 43 lots with homen on them arid those owners were
all in opposition. !t was stated that the applicants had made a deposit with the
City toward the cost of the oroposed sanitary se\o1er to serve their prooerties.
Commissioner Carlson moved to continue the public hearing on Items 5,6~7,8,9,
Kapok Forest Sub., to 110nday, July 21, 1969, at 1:30 P.M. Hotion was seconded by
Commissioner \vil1iams and carried unanimousl '1.
ITEM 10 - request for annexation and zoning of the following properties in
Sunset Gardens Subdivision:
E. Leadenham et al
Lots 3,5,6,11,15,16,35,95
R-lD
The Planning and Zoning BoaI"d recommended approval of R-4 (multi-family) zoning
for the acreage in Sec. 19-29-16 but recommended denial of R-4 zoning for Lots 'I
and 2 and instead recommended R-lC (single family) zoning as that would be the,
site of the church parsonage; and further recommended that an additional 17 feet
should be given for Nursery Rd. There was no one in the audience objecting. A
letter was read from Hr. Henry A. Hage 1e, 1542 S. ila ven Dr., saying he had no
objection if it were zoned for a church and church parsonage only but would be
against any playground facilities on this property. !-Ir. P. Bergmannt Planning
nirector, stated at the hearing before the PlanninR and Zoning Board, Hr. John
Bonner, attorney, representing the churcht assured the Board that the land would
be used only foI" purposes of a church and parsonage. Commissioner Hi lliams moved
the request for' anne~ation by Unity Clearwater with R-4 zoning and Fire District
, No. 2 Classification of the acreage be approved subject to a restrictive covenant
to run with the land restricting the property for church use to be changed only
by approval of the City Commission and Lots 1 and 2, South Haven Sub. t with R-lC
zoninR and Fire District No. 2 Classification also be approved and the City Atto~ney
be instI"ucted to include both items in an ordinance to be brought back to the
Commission fo~ approval as soon as possible subject, to dedication of a 50 ft.
" right ,of way foI" half of Nursery Rd. fiotion was seconded by Commissioner Carter
1.. '" , and oarried unanimously.
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The Plannin?, and Zoning Board recommended approval, Hrs. Leadenham was present and
expressed the opinion that more of ' the property owners would favor annexation if
the advantages were oxplained to them. A card of approval was read from Hrs. Charles
Gilbert. 2126 Alemanda Dr., one of the applicants, Commissioner Carter commented
he thought the annexations should proceed in an orderly manner and it would be
better to annex contip'uous properties. There were no Objections. Commissioner
Carter moved this pUblic hearing be continued to July 21st, 1969, at 1:30 p.m. and
that the City Manager be instructed to conduct further hearings to contact the
people in this enclave "d th the object of endeavorine to bring out a petition so
. that the entire area could come into the City. Motion was seconded by Commissioner
williams and carried unanimously.
ITEH 12 - request for annexation and zoning of the following propertYl
Unity Clearwater
N 1/2 of W 1/2 of SW 1/4 of
S~ 1/4. Sec, 19-29-16
Lots 1 & 2, South Haven
R-4
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bITY COMMISSION MEETING
june 23, 1969
ITEM 13 ~ public hearin~ on the annexation and zoninp, of the following propertYl
L. lHd~lebarp'er.
Lot 25, aoylan Sub.
R-2
The Planning and Zoninp, Board recommended approval of R-2 (duplex) zoninc. Mr.
Riddlebarger was present and stated they wanted the sewer. There were no objections.
Commissioner Williams moved tha request for annexation by Mr. Riddlebarr,er for R.2
zoning and Fire District Classification 02 be approved and the City Attorney be in-
structed to include this in an ordinance to be brouRht back to this Commission for
approval as saon as possible. Motion was seconded by Commissioner Hall and carried,
unanimously.
The next item was a pUblic hearinn on proposed zonlnp, ordinance amendments
includinp, a proposed revised Ordinance No. 1150 rep,ardinp, R-4 zoninR classifications.
The City Attorney explained since Ordinance No. 1150 was passed on first and second
readings on March lB, 196B, it will be neces~ary to rescind and repeal prior ~eadings.
He announced under the 1969 special act all raadinRs may be passed by title only
unless reading in full is requested by one of the Commissioners. Commissioner Hall
moved to rescind and repeal prior readines of Ordinance No. 1150 as passed on t1arch lB,
1968. Motion was seconded by Commissioner Carlson and carried unanimously.
Mr. Wm. ~acKenzie. attornev. spoke on the proposed new Ordinance No. 1150 and
recommended a restaurant be ?ermitted in high den5ity apartments. lie discussed
non-commercial parkinp, lots in this classification and objec~ed to the high square
footage per unit required in high densitv and medium density apartments. (Chief
Daniels re laced 1ia or McClamma at 5:10 .m.) lirs. H. T. Heaton, 607 Oak, asked the
e ect t e new or 1nance wou ave on t e present R-4 classification to which the
City Manager replied it would have no effect. She also recommended non-commercial
parking be prohibited in the R-4D classification. Commissioner Carter recommended
that an attempt be made to beautify the present parking lots in the multiple family
zoning. Mr. B. Casler, attorney, also discussed the new ordinance as it might affect
the application of Capital Homes for multiple family use of the corner of North
Osoeola and Palm Bluff St. (Commissioner Carlson left the meeting at this time --
5:45 '2.m.) Hr. Dana Johannes, architect, commented that he aRreed wJ.th ['fro !1acKenzie
regarainB the size of the apartments particularly relating to buildings for elderly
and low income persons. Commissioner Carter .moved Ordinance No. 1150 be read and
considered by title only on its first readinp, by unanimous consent of the Commission.
Motion was seconded by Commissioner Hall and carried unanimOUSly. The ordinance was
read by title only. Commissioner Carter moved Ordinance No. 1150 be passed on its'
first reading. Hotion was seconded hy Commissioner Williams and carried unanimOUSly.
The City !1anager explained the proposed amendment of the zoning ordinance to
allow model homes for twelve months from the date of issuance of the certificate of
occupancy rather than from the date building permit is issued. There were no objec-
tions to the amendment. Commissioner Williams moved the amendment be approved
and the City Attorney be directed to include such amendment in an ordinance to be
brought back to the Commission as soon as possible. 11otion was seconded by
Commissioner Carter and carried unanimously.
The City Manap,er presented for approval a plat of Unit B Island Estates of
Clearwater. Commissioner Carter moved the plat of Unit B Island Estates of
Clearwater be approved and the proper City officials be authorized to executa it.
Hotion was seconded by Commissioner Williams and carried unanimOUSly.
The City Attorney explained there had been a mortgage bet\oleen Betsy R.
Rogers and the City of Clearwater ,,,,hich mortgage had been subordinated bv an
agreement between the Clearwater Chamber of Commerce and the First Hational Bank
of Clearwater in the amount of $50,000 and now the Chamber of Commerce was not
aware of the requiroment regardinp, subordination and put in new air conditioning
at a cost of $14,500 intending to borrow that amount f~om First National Bank.
He further explained that $13,000 had been paid off the original agreement and
that with this present p~oposed subordination it would increase the amount to
$51,500 but that the total amount would be paid off in the original agreed upon
time. Mr. John Gardner was present representinR the Chamber of Commerce.
Commissioner Hall moved to continue the matter until the new regular meeting on
July 7, 1969, for further study. Commissioner Carter seconded the motion
which carried unanimOUSly.
Mr. Harold Briley, of Briley, Wild & Associates, Consulting Engineers,
discussed the problems of S6war transmission lines in the south beach area, Sand
Key area and the downtown bayfront area plus additions in southeast Clearwater.
He also spoke of the nocessity for enlarging water feeder lines, Among his
recommendations were a new sewer plant on Sand Key, further expansion of the
Clearwater East Plant and increased water lines. lIe estimated cost at $4,285,500
with federal grants of about $1,085,500 and therefore recommended a revenue
certificate issue in the amount of $3,200,000. lie further recommended that
authorization to validate such certificates be done at all possible speed. He
,then discussed the present sewer and water charges and made comparisons with
other cities in the area and Pinellas County and recommended serious considera-
tion of these increased charges. Commissioner Carter moved the report from
Mr. Briley be accepted and the City Manager and the City Attorney be authorized
to discuss it with the fiscal agent and the City Commission take under advise-
ment the recommendations as to rate schedule. Motion was seconded by Commissioner
Hall and carried unanimOUSly.
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;'The City Manager reported X'eceiptof a letteX' ft'olJ'l'the~.attot'ney ra'preEu:in~ing'"
,"Swo'den'.Uouoe" regarding their request fo.r zoning to 'permit a cocktail' ,lounge 'at.'.,
: their new location on Gulf to Bay Blvd. in Seotion 18-29-16 with proposed opening
9nJuly lS~h. 'Commissioner Hall moved that the City Atto~riey beinstruated ,to,
" prepare' the necessary ,ordinance as requested by "Swaden Housen,. Commissioner
Carter seoonded,the ~otion whioh' carried unani~ously;
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-4-
bITY.COHMIS~ION M~tTING
June,2~, 1969
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The Mayor reported receipt of a .~letter of ~signadon from Mr. Harry Shepar~
from the Board of Adjus.tment an~ Appeal on Zoning and t'ecommended 11r. Joseph Turner., "':,
Sr~, to Iill 11~. Shepard's unexpired~term.' ,Commissioner Hall moved that Hr. Shepard's.
resignation be accepted with regI'et and that Mr. Turner be" appointed to fill'the . :
unexpiX'ed term. Commissioner Williams seaond~d the motion which carried ,unanimously.
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!t was reoommended that a work s9BGion be
instead of July Jrd due to tho 4th,
'this recommendation ,by consent.
scheduled for Wadnesday,JU1Y 2nd,
of July holiday. The Commission approved of '
CommissioneI' Carter moved the meetinR be ad
seconded by CommisRioner Williams and carried un
Motion was
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CITY COMMISSION MeETING
June 23, 1969
'0'
___~_______.________~________~__________________~~_______W_______M_____~------
June 20,' 1969
Honorable Mayor and Members of City Commission
City of'Clearwater
Clearwater. Florida
, ~ . .
Gentlemen:
The City Commission will meet in Special Session on Monday, June 23, 1969 nt
1130 P.M. in the City Commission MeetinR Chambers at City Hall to, consider 'the fol-
lowing items t
1; Conduct a public hearing on zoning ordinance amendments
2, Recommendations re Water and Sewer rates and future 'utility requirements
3, Such other busine~s as may be presented
Sincerely,
Isl 11. R. Stierheim'
Ci ty Manager
"
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_______._______M___-_______~__-----______________N____________________________M
..
1. National Exchange Investment Inc. - Lots 1 and 2, B. C. Bass Resub - Corner
of S. Myrtle Avenue and Tuskawilla St.
2.', Andrews - Lots 17 and 18, Terra Al to Estates - Corner of Highland Ave, and
Carolyn Lane
3. Turner - Portion of Lots 7 and 8, Block 9 ,Pine Crest Sub. - N. Myrtle and
Eldridge St.
4. American Legion - Lots 1 to 5 tnc. and portion of Lot 6, Block E, Suburb
Beautiful - Druid Rd and Phoenix Ave.
ANNEXATIONS-KAPOK FOREST SUBDIVISION and SUNSET GARDENS
5. Kasell. et al - Lots 2, 3, 9, N 25 ft of 11, 12, 19, 30, 35 and 52, Kapok
Fottest.
6. Baker, et al
Lot 36, Kapok Forest Sub,
Lot 1, Kapok Forest Sub.
Lots 38, 39, Kapok Forest Sub.
7, Baker, et al
B . BakeI', et al
9. City of Clearwater - Lot 13, Kapok Fo~est Sub.
10. Leadenham, et al - Lots 3, 5, 6, 11, 15, 16, 34,and 95, Sunset Gardens Sub,
(Property located on Alemanda Drive and Catalina Drive) - Single Family - R-ID
ANNEXATIONS - (Various Locations)
11. Kamensky - Location on West side of Hercules Ave (between Union St, &
Montclair Road)
12. Unity of ,CleaI'water- Location on South side of Nursery Rd. extending West
of South Haven Drive
13. Ridd1ebarger - Lot 25, Boylan Sub, - (West side of Boyland Ave North of
Bellevue Blvd.)
(Request to establish R-2 -duplex- Zoning)
R-4 ZONING
14. '
Amend Section
Amend' Section
Amend Section
Amend Section
Amend Section
: Amend Section
26-2, Definitions
26-3, Use Districts Classified
26-5AA, Use RegUlations
26-11 (7), Schedule
26-llA, Off Street Parking Requirements
26-17. Board of Adjustment and Appeal on Zoning.
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