04/27/1970
5;Of.
CITY COMMISSION MEETING
April 27, 1970
The City Commiaaion of the City of Olearwater met 1n apecial session 'at the
City Hall, Monday, April 27, 1970, at 1:30 P;M" with the following members
prosent:
*Donald S. Williams
Donald Carlson
Ri clt Hall
Richard D. Wachtlcr
*Aboent at first of meeting.
Commissioner
Commisoioner
CommloBioner
ConunisBloner
Came 1n InteL'.
Absent: Out of town on City buoineoD.
H. EVCI'ctt Hougen
Mayor-Commissioner
Also present were:
Merrett R. Stierhcim
Herbert M. Dro\'rn
Paul Rettig
*Ptlmn. Douglno Ca:t'ey
*Abocnt at first 01' mectine;.
City Manager
City Attorney
Rcpresenting City Engineer
Repreoenting Police Chief
Came in later.
In the absence of tho Mayor, who wns in North Carolina, Commissioner Carlson
nssumed the Chair. Tho invocation waD given by the City Attorney.
ITEM #1 - A public hearing on the requcDt or Betty Smdth, etol, 1'01' Lot ~8 and
East 38.36 ft. of Lot l19, Druid Hilla Sub. to be changed from R-IE (single family)
to PRS (professional & related serviccs). The Planning & Zoning Board recommended
denial without prejudioe. The City Manager reviewed the publiC hearing held by
the Planning & Zoning Board at which the applicant was not prescnt. f-1r. George
Greer, attorney stated that he representcd Mr. Thomas Galla who purchased the
property afte~ the application was sublnitted but he intends to carryon with the
request to e~ect doctors I or profeSSional officcs .on the property. He further
stated it was an oversight that Mr. Galla was not represented at the Planning &
Zoning public hearing and they would take down the existing structure and replace
it with a modern up to date building with whatever buffers tho neighbors liked.
Mr. Russell Flammer, 615 S. Highland Ave. speaking for himself and others Daid
they were not opposed to the rezoning but would like to see the whole block rezone~
1:55 P.M. Patrolman Care arrived at this time. Mr. John Turnbull, 705 Crest Ave.
spoke n opposit on aa e was ol'rai t e rezon ng would c:roeep from block to block.
Mr. Adrian Boatner, 711 S. Highland Ave. indicated that sevel'al property owners
were opposed to spot zoning but would agree to rezoning of the whole block.
Commissioner Hall moved that the request by Betty Smith, etal, for PRS zoning for
Lot 48 and East 3B.36 ft. 01' Lot 491 Druid Hills Sub. be denied without prejudice.
Motion was seconded by Commissioner Wachtler and carried unanimously. Commissioner
Hall suggested that if the neighbors would like the entire bloc1<: rezoned that they
work together and bring in a joint application for consideration.
ITEM tf2 - A publiC hearing on the request of Richard V. H. Mather for Lots 1
to B lncl., Bloc}c B, Oak Hilla Sub. 1 to be changed from R-lE (single family) to
R-4D (multi-family). The City Manager reported that the Planning & Zoning Board
recommended denial ao it would constitute spot zoning and create an isolated
district unrelated to adjacent and nearby districts, adversely afrect property
values and create traffic congestion along Highland Ave. He also reported that
Dr. Fred Stephan stated he would have no objection if 3 story limit. A petition
was presented at the Planning & Zoning hea~ing with 127 signatures in objection.
Mr. Charles Robinson, attorney representing the o\mer stated that the block has
always been vacant and can no longer suppo~t R-l zoning, that the property h~s been
for sale for some time at a reasonable price and won't sell as it is unsuited for
single family residences. Mr. Robert Glass, 915 N. Glenwood Ave. spoke in
opposition as it would be detrimental to the value of their homes w1th the..
increased traEfic and parking problems and quoted from the code of ethics or the
National Association of Real Estate Boards. Mr. William F. Newmann, 1527
Elmwood St. objected because of the increased traffic. The City Clerk read a
letter in favor from William R. Tench. Mrs. E. Jay Johnson, 815 N. Qlenwood Ave.
and Mrs. Pat Art, 712 Karlyn Dr. spoke in objection. Upon a question from the
City Attorney the Planning Director did not agree that it was spot zoning, but it
was not in continuity with surrounding zoning and could have adverse effect on
values in the area and the traffic could affect the area also. Mr. Richard Koch
proposed purchaser stated he would agree to a 3-story lilnit. 2:33 P.M.
Commissioner Williams arrived at this time. Commissioner Hall moved that the
request or Mr. Richard V. H. Mather to change Block B, Oak Hilla Subdivision
from R-lE to R-lm zoning be denied on the basis oi' the Planning & Zoning report
as it constitutes opot zoning and is not in accord w1th zoning in the existing
area and that it would add to traffic congestion. Motion was seconded by
Commissioner Wachtler and carried unanimously.
ITEMS #3A. & B. - A public hearing on the request of the City for ch~rige of
',,-," "jJ zoning as follows: i
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-2-
CITY COMMISSION MEETING
April 27, 1970
B. That part of Tracts A Marymont Rep1at of Blocks 1 to 19 1ncl., lying ,
South of Palmetto St. extended or half section 11ne; Northwest 1/4 of
Southwest 1/1~} Section 12-29-15 nnd East 1/2 oi' Northe8at 1/4 of
Southeast l/l~, Section 11-29-15,1e6s the following:
Begin Southwest corner of Northwest 1/4 of Southweot,l/4
Section 12-29-15, run East 56lL11 tt., North' 928. 95 ft.,
We6t 1177.52 ft., South 916.30 rt., East 605. ~9 ft. to
P.O.B.
to be changed from R-1E (aingle family) to P (public district)
,Proporty ia SoutheI'nportioll ot Clearwater Airpark.
The City Manager described the adjacent areaa and their zoning, atating that the
Planning & Zoning Board recommended approval. The area i6 o\med by the City with
leasing for pUblic use as airpnrlt and golf course. The C1 ty Clar)t read a letter
in favor from Joe S. Everett, attorney, repreaenting the J.A.F. Corporation of
. Florida, owner of' nearby property; and another one i'rom Gerald R. Zerrip, owner
of Lot 9, Block 20, Marymont Sub. ropresenting other nearby property owners 1n ,
favor, but wiShing the area South ot the 40 acro line i'rom Brandon Ave. to
Hercules Avenue remain a recreation parlt and open area with no buildings,
commercial or otherwise, except for picnic sheltero or park facilities, otherwise
he would be against the zoning change. There were no objections. Discussion
followed. Commissioner Wuchtler questioned possible change in Murymont Park.
Commissioner Hall moved thut the request of the City of Clearwater i'or P zoning
on area generally designated as City airpark be approved and the City Attorney
be instructed to include this 1n an amendment to the Zoning Ordinance to be
brought back to this Commission for approval as soon as possible. Motion was
seconded by Commissioner Williams and carried unanimously.
ITEM #~ - A public hearing on the request of the City i'or the following propert~
South 1/4 of Section 9-29-16 and South l/~ of Section 10-29-16 East of Bayahore
Blvd.; Sections 15-29-16 and 16-29-16 North of State Road 60 and East of Bayshore
Blvd., less the i'ollowing:
Begin at Northeast corner of Government Lot 4 in Northeast 1/4 Scction
16-29-16, run South 558.44 ft., West 300 ft., Southwesterly 453.31 i't.,
Weaterly 302.52 i't., North 1654.20 ft., East 900 ft., South 719.33 i't.
to P.O.B. and less that part of Government Lot I, Section 15-29-16,
lying East of Government Lot II in Section 16-29-16
to be changed from B .(buoiness)" ID PUD-R (planned unit development-residential).
The City Manager explained the request; showed it on the map; described current
zoning and use and stated that the Planning & Zoning Board recommended deferral
as a continued hearing as Mr. Derwin Smith, owner, indicated a desire to study
the area with the planning stai'f for determining proper combination of zoning
for its development. The City Attorney recommended readvertising when the Board
and Mr. Smith complete their studies. Mr. John Graham representing Mr. Smith
asked that Mr. Smith be notified for any conferences on the matter. Comndssioner
Williams moved that ITEM #4 be referred back to the Planning & Zoning Board for
study including the whole area to Safety Harbor with a possible ,difference in
upland and submerged land zoning and that the recommendations be brought back to
the Commission after proper notice of hearing. Motion ~la6 seconded by Commissioner
Hall and carried unanimously.
ITEM 115 - A public hearing on the request oi' the City for change ot: zoning'
on the following property:
Begin at Northeast corner of Government Lot 4 in Northeast 1/4 Section
16-29-16, run South 558.4l~ ft., West 300 ft., Southwesterly 453.31 ft.,
Westerly 302.52 ft., North 1654.20 ft., East 900 i't., South 719.33 ft.,
to P.O.B. and that part of Government Lot 1, Section 15-29-16, lying
East at: Government Lot 4, in Section 16-29-16,
to be changed i'romB (business) to I-SP (institutional-semi-public). The City
Manager explained the request and sho~pdmap of area and stated that the Planning
and Zoning Board recommended approval as it is in accord with present land use
under one ownership - Clearwater Christian College. Mr. John Graham, representativ~
was present and had no objection. He said they had an option on another 12 acres.
DiscuBsion i'ollowed. There were no objections. Commissioner Williams moved that
the request for I-SP on property o\n1ed by Clearwater Christian College be approved
and the City Attorney be instructed to include this in a zoning ordinance to be
brought back to this Commission for approval as soon as possible. Motion was
seconded by Commissioner Hall and carried unanimously.
ITEM #6 - A publiC hearing on the request of the City for change of zoning
on the follOWing property:
Lots 3 and 14, Block CJ MeadOW Creek Sub. to be changed from R-1D
(aingle family) to R-IB (single family). John A. Blakely and William
Trickel owners.
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ITEM #9 - Proposed ordinance amendment - P&Z #l~ Amend Section 26-7 Manufacturing
District, to state purposes of Manufacturing District; permitted and prohibited
uses; special exceptions; criteria for special exceptions; establish requirements
for automobile wrecking and salvage yards and provide performance standards. The
City Manager reported that originally the Planning & Zoning Board recommended
approval but after further discussion at both the Board level and Commission
level the Planning Department 'recommended deferring for further study and
reaubmittal. A discuasion ensued inoluding definition of wrecking yards.
qomm1ssioner Hall moved to refer back to the Planning & Zoning Board with vie\~
'. to banning wrecking yards. Motion was seconded by Commissioner Williams and
~'.~C;:,,;..;. . .carried u~an1mously.
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50t;
-3-
CITY COMMISSION MEETING
April 27, 1970
The City Manager explained the application stating that the Planning & Zoning .
Doard recommended approval as this classification would upgrade zoning equal to
the lot and building restrictions under which built. The Planning Direotor said
the ownerG did not oppoGe the change. There were no objections. CommiDalonor
Williams moved that the l'equeat for R-lB zoning on Lota 3 and 14, Blook 0,
Meadow Cl'eek Sub; be approved and the City Atto1'noy be instructed to inolude
this in an amendment to the Zoning Ordinance to be brought back to this Commission
for approval aB ooon an pooaible. Motion was aeconded by Commlso10ncr Wachtle~
and carried unanimously.
The City Munage~ reported that planning studies arc under wuy for ?oning
changos to be initiated by the City with the cooperation of property ownero to
cOL'reot zoning to aotuul .land use 1n suoh arcus na the manufaoturing flt'eaa of
the central buaineao distrlct. Morningoide SUbdivlDion. the Greenwood area, etc.
ITBM 117 - Proposed Ordinance Amendment - Amend Seotion 26-11, Location,
Height and Area Rl'Jgulntiono, Setbacl{o, etc., to eatabllDh minimum front building
setbac\t in D (buoineoo) zoning classification. The City Nonager aaid this waD
in accordance with the wiohcB of the Conuroosion. The Planning Director spoke of
areaa zoned business and proposal fOl' setbacka to allow for future road Widening,
more open air and light, and beautification. 3:07 P.M. Pt1mn Spicuglia replaced
Ptlmn Curci[. He further stated that exiuting development would 1'omain
nonconformf'ng but future building would conform to minimum setback of 10 ft.
3:20 P.M. Max Battle, Cit En ineer. re laced Paul Retti. CommlGoioner Hall
reconunen e -. m n mum on ma or u ree '6 an per aps 2 ft. on side streets.
The City Attorney recomnlended that since this has been an advertised pUblic
hearing that it be postponed to date certain to study the oetback to go into a
proposed ordinance. Commissioner Hall moved that this public hearing be.continued
until May 18th. at 1:30 P.M. and the City Attorney be instructed to prepare an
anlendment to the Zoning Ordinance indicating the setback for business district
shall be a minlmwn of 15 ft. Motion was seconded by Commissioner Wachtler and
carried unanimously.
ITEM #8 - Proposed ordinance amendment - P&Z #3 - Amend Section 26~5C (k)
(1) and (2), perimeter Buffering of Mobile Home Park Requirement and Section 26-11
(7). Schedule of Lot and Building Regulations, to change required minimum building
and mobile home aetbacl{s along officially designated street rights of way. The
Planning Director said the present 200 ft. setback is prohibitive now. He
explained that previously almost all mobile home parks had been along major
highways but now development appears to be on some secondary roads also with the
City annexing such areas and the present 200 ft. setback makes the development
lose at least one row of lots. A discussion of the matter followed. Commissioner
Williams moved that the zoning of Item #8 amending 26-5C (k) (1) and (2), and
Section 26-11 (7) Lot and Building Regulations of Mobile Homes as recommended by
the Planning & Zoning Board be approved and the City Attorney be instructed to
include this in an amendment to the zoning ordinance to be brought back to this
COlnmission for approval as soon as possible. Motion was seconded by Commissioner
Wachtler and carried unanimously.
The City Manager requested consideration of parking meter bids whioh had been
postponed from April 20 with the request that bids be obtained on manual and
reconditioned meters. He stated that there is an urgency to acquire a major
portion of the meters on which bids have been received as the parking lot being
constructed on the ACL property should be completed in about 3 weeks and it is
important to have parking meters available to place the lot in operation. Major
LeCouris, Traffic Planner. explained that \'lith 2 types of meters the pUblic would
be confused because they do not read instructions and he would not recommend. split
installation, storing of 2 sets of parts, retraining of personnel, etc. He further
stated the bid was competitive 8S they are the same as received for almost two
years. In reply. to a question, he stated that Duncan and Rockwell meters are the
only ones recognized as being efficient, but Duncan has now changed handS and is
not as good as previOUSly. Commissioner Hall spoke of denying competitive bid
process and suggested studying specifications. The City Manager otated that he '
was recommending the whole bid but items 5, 6. & 7 would fulfill the urgent need
and then have further otudy. Commissioner Williams moved upon the recommendation
of the City Manager that the contract for Qarking meters as outlined be awarded
to Rockwell Mfg. Co. in the amount of $18,895.50. which is the lowest and best
responsible bid and that the appropriate officials be authorized to execute said
contract which shall be in accordance with the plans and specifications and bid.
Motion was seconded by Commissioner Wachtler. Upon the vote being taken
Conunissionevs Williams, Wachtler and Carlson voted "Ayen. Corrunissioner Hall voted
"NolI. Mayor Hougen absent. J.lotion carried.
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_l~_
CITY COMMISSION MEETING
April 27, 1970
P&Z #5A . Amend Section 26-2, Definitions, to add definition
of Serviee Stotion.'
P&Z #5B Amend Section' 26-5E, Shopping Center District; 26-5F
Parkway Bualneau Diotrict; 26-6A Bualnoss, Diatrlot and 26-110
Service Stationu, to remove Service Stations as a permitted
use in any zone and pI'ovido for its cntabliahmcnt only 00 a
Dpecial exception in certain buoineas zoneS; to provide
criteria for establishment of Service Stations aa a opecial
exception and provide for sCPDvatc approval aD opecial
exception of acceaoory U3es to a Service Station in certain
buoineos zones nnd to provide apace l1mitationa betwcen
oervico otations and minimum distance from placoD of publio
nasembly.
The City Manager explained that Dcrvlcc otationn would be a special exception
requiring a hearil~ before the Board of Adjustment & Appeal on Zoning. The
Planning Director atated that service stations would be at 1eaet 1,000 ft. from
church or other 111m type of asaembly building, 750ft. from existing service
station. He further atated that accessory UseD suoh aa car or truek rental,
maJor repairs, body repairs, etc. would require a aecond apeeial exception in
Shopping centor, parkway bUD1nees and buaineus zones. I~. Jack RUBsell,
distributor 1'or Pure Oil Products for 35 years objected to picking on service
stations only. He stated that just llellinggaaoline is not prOfitable, but it
is neceGsary to sell QeCeoDory items including rentals &nd repairs as mentioned.
He went on to explain the method of selecting aerv1ce station sites and predicted
self. ncrvice stations in 5 years. A discussion followed. Commissioner Hall
moved to refcr this item back to the Planning & Zoning Board for further study
and the City Manager to sct up a 3 member cotnmittce familiar with the prOblem
including Mr. Russell to meet with the Planning & Zoning Board to formulate an
amendment to the zoning ordinance relating to servicc stations_, Motion was
seconded by Conunissioncr Will1uma and carried unanimously.
ITEM #10 A
B -
ITEM #11 - Amend Chapter 26 to provide for a marine aquatic park use distr1ct
classification including definitions, permitted and prohibited UBCS, spccial
exceptions and otl1er regulations and requirements related thereto. The City
Manager explained that this claesif1cation ~Iould allow zoning of waters within.the
City limits as aquatic parks. The Planning Director expanded on the Manager's
atatement to include private or publicly owned Dubmerged land and permitted uses
would be' for water oriented recreation. COJroussioner,Williams moved that Item #11
providing 1'or aquatic parI<: district classi1'ication be approved and the Oity
Attorney be instructed to include this in an amendment to the zoning ordinance
to be brought'bacle to this Commission for approval as soon as possible and it be
cumulative in its application with possible State laws. Motion was seconded by
Conun1ssioner Hall and carried unanimously.
ITEM #12 - Amend Section 26-lIA(2) (a) to clarify definition'of off street
parking area requirements. The City Manager stated that the proposed clarification
was evolved by discussion of the Oity Engineer and Planning Director. The Planning
Director explained the proposal. Commissioner Willialns moved that Item 1112
providing 1'or clari1'ication of off-street park1n15 requirements be approved and the
City Attorney be instructed to include this in an amendment to the zoning ordinance
to be brought back to this Commission for approval as soon as possible. Motion
was seconded by Con~isaioner Hall and carried unanimously.
The City Manager reported that renegotiations with the upland owners on the
Pierce Blvd. loop project have been completed in accordance with the amended .
proposed plana. He requested a motion to allow him to present the amended plans
to the Pinellas County Conun1ssion sitting as the Pinellas County Water and
Navigation Control Authority# at 10:00 A.M.; April 28th. He explained that the
City would assume bullchead costa where the road abuts the bayfront, that the road
would be lengthened from about 1,200 ft. to 2,000 ft. with 13 acres of fill
eliminated thereby I'educing the size of the project, but the amendment will .
increase the expenditures on the part of the City. Con~issioner Williams moved
that the City Manager be authorized to present the amended plana to the Pinellas
County Water and Navigation Control Authority. Commissioner Hall seconded the
motion. Commissioner Hall asked questions about added costs. The City Manager
explained that the original estimate was approximately $275~OOO to $300~000~ but
the total coat of the 'amended plan would be about $459,000. He further stated
that the main objective waB a much needed I'oad, but the compromise ofrers two
advantages, putting the road out on the bulkhead 1ine'1'or part of the fill and
outting down on the fill area. Connn1seioner Hall questioned whether it is worth
the additional cost, to which the Manager replied that the first prOblem is
getting the permit~ after whieh the City would be in a better position to ask for
State assistance. Considerable discussion of the project ensued. Upon the vote
being taken, the 'motion carried unanimously.
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