05/22/1972
CITY COMMISSION MEETING
May 22, 1972
The City Commission of the City of Clearwater met in special sossion at
the City Hall, Monday, May 22, 1972, at 1:3.0 P.M., with the following membeI's'
present:
H. Ever>ett Houp,en
Donald S. Williams
Riohar>d D. WaohtlEw
*Jos8oh Carwiae
Rick. Hall
Mayor>-Commissionor
Commissioner
Commissioner
Commissioner
Commissioner
hAbsent at first of meeting.
Came in later.
Also prosent were:
Merrett R. Stierheim.
Herbert H. Drown
Hal( Battle
Frank Daniels
City Manager>
City Attorney
City Enl1,inecr
Police Chief
The Hayor called the meetinp, to order. The invocation was Riven by Chief
Daniels. The ~ayor announced a pUblic hearing to conside~ applications for zoning
channes and zoning ordinance chanp,es. He reported that a letter of withdrawal had
been received from ~1r. Roy AhlRrim concerning request for change from RS-SO (single
family) and RH-12 (duplex aoaI'tment) to RM-16 (multi-family).
IT~i #1 - A public hearinp, on zoninn amendment for:
The followinp, prODerty to be chan~ed from RM-24 (multi-family) to RPD
(residentail planned develooment): That part of SE 1/4 of NW 1/4, E 1/2
of Sw 1/4 and NW 1/4 of SE 1/4 lying South of R.R. right of way. less
North 466.76 ft. of South 516.76 ft. of East 466.76 ft. of SE 1/4 of
SW 1/4, Sec. 8-29-16. (Lamonte-Shimberg)
The City ManageI' explained the application and ~epo~ted the Planning & Zoning
Board had recommended approval. Hr. Glenn Cross representing Lamonte-Shimberg
Corp., showed proposed plans including Phase One site development plan whichmd
been approved by the Planning & ZoninR Board. Mr. John Nicely of Charles Delk
& Assoc., Architects, explained the different types of proposed housing and stated
ten acres abutting Dwight Eisenhower School would be ~iven to the City to be
dedicated as a pa~k.
Commissioner Carwise arrived at this time - 2:05 P.M.
The City Manager explained that a right of way was being proposed on the North
border of the Kennedy property and the South border of Pinellas County yards
running East and West to connect into U.S. 19 without going through the U.S. 19
- Drew St. intersection. He asked that this road continue into the Lamonte-
Shimberp, project and also requested that a ~ight of way be preserved giving access
to acreage North of the creek. There were no objections. Commissione~ Williamn
moved that the request of Lamonte-Shimberg Corp. be granted for rezoning from RM24
to RPD (residential planned development) with that portion of the property dedicated
to the City to be zoned P (public) and that the Phase 1 site plan be approved and
the City Attorney be instructed to bring this back as an amendment to the City
Ordinances as soon as possible, subject to the developer committing himself that
when the road is required they will construct it and reserve a right of way easement
to the North acrOS9 the creek. Motion was seconded by Commissioner WachtleI'.
Upon the vote being taken Commissioners Williams, Wachtler, Carwise and Mayor
Hougen voted "Ayen. Commissioner Hall voted "No". fiotion carried.
ITEM #2 - A public hearing on zoning amendment for:
The following proper>ty to be changed from RS-50 (single family) to RM-12
(duplex apartment): Begin 1037.64 ft. North 890.17 ft. West of SE cor>ner
of NW 1/4, Sec. 11-29-15, run West 82.42 ft., South 208 ft., West 10 ft.,
South 164 ft., East 150 ft., North 332.79 ft., West 67.58 ft., North
39.21 ft. to P.O.B. (Nationwide Land)
The City Manager read the recommendation of the Planning & Zoning Board that the
. application be denied as the requested zoning \olould not be wi thin the comprehensive
plan density, the property is abutting and within a single family developed area
and market for oontinued single family development is evident through sales to
East and Northeast. The Mayor read a petition signed by eight pI'operty owners
objecting to the proposed zoning. MI'. Don McFarland, attorney, I'epresenting the
applicant, showed a oronosed plat which would create approximately five duplex
lots on this parcel and four duplex lots in an adjoining parcel to the East for
which an annexation petition has been filed. He descI'ibed the original zoning by
the City in 1958 by an unrecorded plat and questioned its legality as he claimed
the person applying for annexation was not holding title to the land. He stated
the.parcel presently in the Countv is zoned commercial. Mr. Jim Walker, representing
American Builders Consolidated, showed a map indicating occupancy in area and
stated his company has built and sold 4 single houses in Highland Oaks recently
without trouble. He said he was speaking fo~ several residents and asked that the
single family zoning be continuod.
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CITY COI1MISSION MEETING
May 22, 1912
Commissione~ Hall moved that the Commission ~ccept the reoommendation of
the Planning and ZotdnR Board and that this t"equest for rezoning be denied and
oonfirming that the zoning is consida~ed to be RS-50 (R-1D). Motion was seconded
by Commissioner Wachtler and Qa~ried unanimously.
ITEM 13 - A pUblic hearing on zonin~ amendment fort
Lota 1 to 28 incl., Block C, Drew HeiRhts Sub., and bep,in 552 ft. East
of NW corner of SW 1/4 of SW 1/4, Seo. 12-29-15, run South 100 ft.,
East 125 ft., South 932.92 ft., West 188.92 ft., North 60 ft., West
148.92 ft., North 1033 ft. M.0.L., East 210 ft. to p.o.n., to be changed
from RS~50 (single family) and RM-12 (duplex apartment) to RM-16 (multi-
family). (Ahlgrim)
Referral was made to the Mayo~ls statement of the beginninR of meeting that a
letter reQue~ting withdrawal had been received. Commissioner Hall moved to
app~ove withdrawal of the application of Mr. Roy Ahlgrim. Motion was soconded
by Commissione~ Wachtler and carried unanimously.
ITEM #4 - A public hearing on zoninR amendment fort
The following property to be ohanRed from RPD (residential planned
development) to P (public): From SW cornet' of U\'1 1/4, Sec. 1-29-15,
run East 50 ft. and North and Northeasterly along Easterly line of
Keene Rd. and l1ont01air Rd. 1017 ft. H.O.L. to P.O.B., continue along
Easterly and Southerly line of Montclair Rd. 851 ft. M.O.L., South
309.23 ft. West 755.04 ft. to P.O.B. (City)
The City Manager explained that approximately 4 acres had.been dedicated to the
City for a park and the Planning & Zoning ~ard had recommended approval. There
were no objections. Commissioner Hall moved the request for zoning change from
RPD to Public be approved and the City Attorney be instructed to bring this back
as an amendment to the City ordinances as soon as possible. Motion was seconded
by Commissioner Williams and cart'ied unanimously.
ITEM #5 - A public hearing on zoning amendment for:
The following property to be changed from CG (p,eneral business) to
P (public): That part of the North 1/2 of SW 1/4 of SE 1/4 and that
part of the SW 1/4 of SW 1/4 of SE 1/4 1yinp, Southeasterly of Bayshore
DX'. (C.R. 1#30), Section 9-29-16. (City)
The ~ity Manager ex~lained this property had been dedicated to the City be Mebre11
Cor~~ and the P1ann1ng and Zoning Board had recommended approval. There were no
objections. Commissioner Wachtler moved the request for zoning change from CG to
Public be approved and the City Attorney be instructed to bring this back as an
amendment to the City ordinances as soon as possible. ~otion was secondod by
Commissioner Hall and carried unanimously.
ITEM "6 - Amendments to A~nendix A - Zoninp" Code of the City of Clearwater.
[.lr. Paul Berflrnann, Director d: Planning, explained that many of these items wet'e.
inadvet'tently dropped in the transfer to the new zoning ordinance. He stated in
regard to density control faotor for hotels and motels, it was found an average
on the beach was 43 units per acre, that the 3 higher ones had an average of 54
units oer acre. He reoommended 81 units oer net acre in business zones. (Max
Battle'left at .this time and Cecil Henderson took his 'Place.)
Mr. Frank Logan, attornev, representing Lee Bass Enterprises, Tampa, owner
of land along Gulf front immediately South~ public beach area (L10yd-Wh1te
Skinnet' Sub.), objected to the CTF portions and to portion reducing hotel rooms
from 145 to 81 units oer net acre. He stated the owner bought the property based
upon units per acre and proposed to build a hotel-apartment complex, planning
105 units per acre. 11r. Gordon Johnson, architect, showed a \)t'e1iminary site
study of project, said it was planned to use 2 acres for 210-220'unit hotel project
and the remainder of the approximately 6 acre tract would be condominiums at 60
units per acre. Mr. Rex Harper, acoountant, discussed the economic feasibility of
the project. Mr. Bruce Taylor, real estate broker who handled transaction, stated
it would be a real hardship and also objected to the effect the requirements
would have on his property immediately West of the Fort f~rrison Hotel as it would
reduce value of property if number of units is lowered at beach and downtown.
Mr. Bergmann suggested if someone has a project fairly well along that thet'e
ought to be a gt'ace pet'iod. A discussion ensued on a policy for possible time
leniency. Commissioner 1~11 moved to postpone further consideration of all items
pertaining to hotel-motel density considerations until the meeting of June 5th to
study method of possible moratorium for a period of time. Motion was seconded
by Commissioner Wachtler and carried unanimously.
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CITY COMMISSION MEETIHG
May 22, 1972
Mr, Bergmann explained the remainder of the zoning.ordinanoe ohanges.
Tho Commission disoussed the proposed change in Sec. 23.05 requiring only one aide
setback and no rear setback in Core ceo area. Commiasioner Williams moved this
item be brought back to the June 5th meeting with staff recommendations. Motion
was seoonded by commiosione~ Carwise and oarried unanimously, .
Commissioner Wachtler moved to approve all itema exoept the two excluded
by the two previous motions relating to denaity and setbacks and instruotinp,
the City Attorney to include these items in An amendment to the Zoning Ordinance
to be brought baok to this Commission for approval as Boon as possible, Motion
was seconded by Commissioner Hall. UDon the vote being taken, Commissioners
Car,,,ise, WaChtler, Hall and Mayor Hougen voted nAyen. Commissioner \tli1liams
abstained due to possible conflict of intereot. Motion carried.
SRt. Albert Velucoi reolaced Chief Daniels at this time.
Hr. Jody Wolfe, attorney, reprasentinR Clearwater Yaoht Club, summarized a
proposed agreement by which the City would acquire the Yacht Club building and
swimmin~ pool and the City would deed the Youth Maritime Center property to the
club together with an option to purchase the rla. Power Corp. property to the
North. The club would pay the back taxes for 1969. 1970 and 1971, and the pram
fleet could continue at the ?resent facilities. Dick Prokes, Al Price and Gus
Stavros, members of the Parks & Recreation Board, recommended that the City should
retain the Youth Maritime Center and acquire the Yacht Club property also as
recreation property is needed on the beach. Mrs. Clifford McKay explained that
at the time the Youth Center building burned the citizens of Clearwater and
Clearwa ter Beach replaced the orams, furnishings, playground equ i pment and the
materials for the new building with the City doing the actual construction.
Mr. Dave Gulkis, representing the pram fleet, objected to the prOposal as thay
would no 10nBer have shallow water for teaching the children, parents could no
longer watch from the seawall, and they would require a 50 ft. floating dock to
be able to la~nch 50 boats. Mr. Wolfe stated that the club intends to let the
oram fleet use the facilities now available to them and will also assist them in
getting a floating dock. He also said that the Yacht Club has no other place to
relocate with deep water available. Commissioner earwise moved that the proposed
agreement be disapproved and that the City Attorney be directed to pursue this
matter in the courts with a view to returninp, the City owned property in question
to general public use and also authoI'ize the City Hanap,er to purchase the Fla.
Power pI'operty as Boon as possible. Commissioner Wachtler seconded the motion.
Commissioner Hall expressed the opinion that this was the best proposal received
and he felt it would be to the City's advantage to accept the agreement. In
reply to a question, the City Manager stated he could not recommend this agreement
as he felt it was not in the best interest of the City to I'elinquish the Youth
CenteI' and waterfront. Upon the vote being taken Commissioners Williams, Carwise,
Wachtler and Mayor Hougen voted "aye". Commissioner Hall voted "no". Motion
.carried.
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Resolution iJ72-57 - Adopting the Tampa Bay Basin "Interim" Water Quality
Management & Pollution Abatement Plan to be executed and maintained by the Tampa
Bay Rep,ional Planning Council was presented. Commissioner Wachtler moved that
Resolution #72-57 be passed and adopted and the proper officials authorized to
execute it. Motion was seconded by Commissioner Carwise and carried unanimously,
The Mayor presented the following recommendations from Commissioner Williams
foI' the Citizens Government Partioipation Committee:
Col. Frank Donnell
Geor>ge Collins
Mrs. Chas. DeBlaker
Edward Geohegan
James H. Isnor
Distr, 1
II 3
It 4
II 5
II 2
CommissioneI' Jall recommended the following appointments to the same committee:
Annette Loeser
W. D. Curry
Mrs, pa t t~ilson
Jim Martin
Distr. 1
II 3
\I 4
II 5
Commissioner Wachtler> moved to approve the recommended appointmenfst Hotion was
seconded by Commissioner Carwise and carried unanimously.
The City Clerk asked if the Commission planned to meet on Monday, July 3rd,
as annexation and zoning hearings had to be advertised over 30 days in advance.
By consent, it was agreed to decide on TueSday, May 30th, as to the July 3rd
meeting.
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CITY.COMMISSION,MEETING
May 22, 1972
. . The Hayorl"opol"ted he had l"equested l"epl"e~entativ~s
Authol"it~ to appeal" at the meetino~of June 5th.
" The. City Hanagel" pl"esented recommendations from the City Clerk fol" polling
places,. for 'appointment and settinR'oompensat!on of electian.board clerks at
$30.00 and inspeotors at $25.00. C~sioner CarwisG moved to accept the reoom~
mendations of ,the City Clerk. Motion was seoonded by Commissioner.Waohtler .
andoarrled unanimously.
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There being no further.busineRs, the meeting was adjourned at 5:30 P.M.
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