09/10/1973
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CIlY COMMISSION MEerING
Sc.ptombtl.r 10. 1973
The City Commlsaion of tho City of Cloar\:ato.r mot in special uesnion at
tho City lIall. llonuclY, Soptomuol" 1 0, 1913, at 1: 30th m.. wi th tho followinG
mombors pl"osont:
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ill l:vurott Hour,en
"'Donald S. Hilhamll
Richard U. Wachtlor
Rick lIall
11clyor "Commi ssionor
Commissioner'
Commissionor
Commissioner
Auean t:
Joseph Carwiso
Alao present wore:
lJuana Zusay
Herbert l-t. ilrown
Paul l30rgmann
Jack 1'1011 c
Frank Daniels
Commissioner
Assistant City ;'Iana"er
city Attorney
Planning Director'
Chicf Plannor'
Police Chief
*Coll\missione.r ',iilliarns arriveu uurinlJ tho consideration of Item Ill. loning
Amendments.
The Mayor called the rneet:in~ to oriJer and announcod tha. t the purpose of this
special meeting was a consideration of various rel.oning requests and other
proposed amendments to the zoning laws. The invocation WclS given uy Chief
Daniels.
The :1ayol" presented the Employee of the :10nth Awa.rd to E1inot' Hawkins.
Administration Division. Police IJapartment.
,
A Public Hearing on Lot :-lowing Ra$olution fl73-115 -
Tho City Attorney referrad to Resolution d"l3-1l5. which had bean passed and
adopted on AUBust 27. 1973. and requested the City Inspector to report on the
current condition of tho lots l."ecantly inspected. The Inspector repol"ted that
the lots remaining to be cleared repl"Gsented a menace to public health, safety
and welfare. Thera were no Objections. COIlunissioner I'lachtler moved tha.t Reso-
lution fl73-l15, passed on August 27. 1913, be confirmed and made effective as .
to all persons and parcels listed thereon, 'except for those whose lots have
been verified as being cleared and those who have paid the City for the Clearing.
and that the proper City officials and Employees be directe.d to proceed in
accordance with la\v t:o sce that the lots at'c clearcd. :'Iotion' was seconded by
Commisl:doner Hall and carried unanimoUSly.
A Public Hearing on Proposed Amendments to the City Z.oning Laws and Haps -
1. Change from RH-54A (high density mult:i-family) to KS-50 (single family)
tho following prope~ty: North lu5 ft. of East 170 ft. of West 200 ft.
of Southwest Quart!;;r (S~'l 1/4) of Horthwes1: Quarter (Nt! 1/4). Section
11-29-15. - UiPao10
'fhe Assistant City Hanagcr read tha rccoJiII'l\enuation of the Planning and
Zoning Board for HH-12 ('duplex-apartment) 2:onin~ in lieu of i~S-50 (single
family) zoning, and explained that this request and other requests t:o be pre-
sentod at this ffioetinr, were staff initiat:ed and staff sponsored actions to
modify zoning inconsistEmt with that of the surrounding areas. Commissioner
Hall questioned the desirability of approving a leso l"estr>ictive zoning than
the category (RS-50 ) cited in the pUblic hearing advertisoment. Commissioner
\~illiams exprossed a preference for the requested RS-50 zoning. FOllowing
further discussion. Commissioner Hall moved to cOn1:inue the. public hearing
for this item to the meeting of October 1st, at 1: 30 P.i1., with appropriate
rea.dve1'>tisement stating the lW-12 (duplex-apartment) zoning recollllllended.
:10tion was sccondeJ. by Commissioner ~"'achtler and carried unanimously.
2. Change from R:1-12 (duplox-apt) and RH-16 (medium donsi ty multi-family)
to RPD (residontial planned development) the fOllowing property:
East 100 ft. Lot: 9 and West 1/2 Lot: 10. less East 90 ft. of West
140 ft. of South'190 ft. and lose North 90 ft. of South 280 ft. of
West 140 ft. and less East 25 ft. of South 295 ft., Pincllas Groves.
SE l/l~, Section 19-29-16. - Bowler & Koou. Inc.
The Assistant Cit:y i"tanager reported that the Planning and Zoning BOard had'
agreed to a continuanco' of this item to September 18th; a date of October 1st
was recommended by the Assist:ant City Manager as the appropriate date fOr Com-,
mission consideration of this i'tem. Commilisioncr i1achtler moved to continue
" con,sidera tion of this roquest for rczoning to the Conuaission meoting date of
,October> l'st . at 1: 30 P.I-1. Hotion was seconded by Conunissionor Hall and carried
,unanil!lo~Bly .
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CITY COHMISSION, MEETING
Septomber 10, 1973
3. Change from R:1-S4A (high dens! ty multi-family) to ISP (institutional
'somi-public) Lots 9, 19 and 20, E. A. Marshall's Sub. - Sunsot
Baptist Church. '
Tho Assistant City i1anagor' I'oported the Planning ana Zoning Board recom-
mondation for approval of the ISP (institutional semi-public) zoning requested.
Thoro were no objections. Commissioner Williams moved that the application
foI' ISP (institutional semi-public) 7.oning be approved as recommended by 'the
Planning and Zoning Beard and that the City Atto~ney be inst~ucted to include
this is an amendment to the Zoning OI'dinance to be b~ought back to this
Commission for app~oval as soon as possible. Motion was seconded by Commis-
sioner l~ll and carried unanimously.
4. Chango from P 'publio) and RH-S4A 'high density multi-family) to
ISP (institutional somi-public) Lots 19~ to 208 inol., Morningside
Estates Unit 1, - Trinity Baptist Chu~ch.
The Assistant City Manager reported the Planning and Zoning Board's recom~
mendation for denial of the change requested OSP - institutional semi-public).
and read the Uoard!s I'ecommendation for PS 'prOfessional services) zoning
subjoct to a covenant prohibiting residential use, restricting building height
to 2-story construction, requiring paI'king areas and beautification to conioI'm
to requirements o~ PS zoning and signs to conform to professional use I'equire-
ments of the Sign Ordinance. The Board's reoommondation was described as
compatible with the zoning of the surI'ounding area. The prope~ty owner's
representative, Rev. William Kline, stated that the Church was now in the ~rocess
of selling this property and supported the PS zoning recommended. Commiss1oner
Williams commented on the potential of zoning this property ISP if the pI'operty
should be sold to another church organization and moved to continue consideI'ation
of this request, with appropriate readvortisement, to the Commission meeting
date of OctobeI' 1st, at 1:30 P.M. Motion was seconded by CommissioneI' Hall and
carried unanimously.
Items #5 and U6 were considered jointly at this time as I'elated matters.
5. Change Lots 371 to 386 incl. and Lots 396 to 423 incl., Horningside
Estates, Unit 4, from CTF 'commercial-tourist) to RS-7S 'single ,
family). - City.
6. Change Lots 3&9 to 370 incl., MOI'ningside Estates, Unit 4 from RM-12
(duplex-apt) to RS-75 (single family>. - City.
The Assistant City Manager reported the Planning and Zoning Board recom~
mendation for' RS-75 (single family) zoning as compatible with the p~esent use
of the properties under consideratfon. Commissioner Hall moved that the appli-
cations of the City for RS-75 zoning be approved as recommended by the Planning
and Zoning Board and that the City Attorney be instructed to include these in
amendments to the Zoning Ordinance to be brought back to this Commission foI'
approval as soon as possible. The motion was seconded by commissionaI' .Wachtler
and caI'ried unanimously.
Items #1, #8, #9, #10 and #11 were considered jointly at this time as
prope~ties now in public use foI' which P (public) zoning is appropriate.
1. Change Lots 179 to 187 incl. and Lots 272 to 280 incl., Del Oro
GI'oves Sub. from RS-50 'single family) to P ~public). - City.
a. Change from RPD (residential planned development) to P (public) the
following described property: Begin 730 ft. North of Southeast
corner of Northwest Quarter tNW 1/4) of Northwest Quarter 'NW l/~),
Section 16-2Y-16 thence run North 95 ft., west 669 ft.. South
495 ft., Bast 469 ft., North 400 ft., East 200 ft. to P.O.B.,
less Chesapeake Villas Sub. - City.
9. Change Block 15, Woodvalley Unit No. 2 from RS.50 (single family)
to P (public). - City.
10.
Change from RPD (residential planned development) to P (public)
the fOllowing described prop~r~y: Hegin 2482 ft. North of South-
west cornel' of Southeast Quarter 'SE 1/4) of Southwest Quarter
(SW 1/~) Seat.i.onM...29-l6 thence run North no ft., Southeastet>ly
1637 ft. along South line of S.C.L. I'ailI'oad, Southerly 148, ft..
Southwesterly along curve 220 ft., NOI'thwestcr1y 4~1 ft., West
198 ftc, Southwest 182 ft.. Southwesterly 74 ft., Northwesterly
600 ft. M.O.L. to p.o.e. - City.
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CITY CmlaIGSIOii ;'U:r::'.l'I;IG
Septembor' 10, 1!J7 3
11. East Billf of 1I0r'thoaat Ql..1ar'tla~ 'tU': l/l~) of !/ol'thwcst QUilr'tOr' (NYJ 1/4),
Section l-2\J-l'!i, loas Valcncitl P<1r'k Unita 1 and 4 to be chanr,ou from
RPD 'rosiden.tial planned developmont) to P (public), - City
'l'ho Assistant City :1ana[tGr identified tho proporty locations specifiod in
thoue ~GqUGstB and ~oportod tho Plt.lnning and ~onin~ uoard recolllmendation for
P (pu1.>lic) r'olooning. Commissioner' v/illiams moved that the applications of the
City for' P zoning be approved as rocoJiunandod by tho Planning and ~oninc UoarJ
and that the City Attornoy 1.>0 instructed to include these in amendments to tho
Zoninu Ot'dinancc to be brought back to this Commission fot' approval as soon as
possible,
12. Channa Lots 3, 4 anJ 5 and vacated streot, Cloarwator Industrial Park
fr'om :1L (light rnanufacturin~) to P (public). - City
Tho City Attorney roported that Ovtnor'S of propor'ty in the Clearwater Indus-
trial Park objected to the proposGtl rezoning of Lots J, 4 and 5. Commenting on
the purpose for which this property had be on purchased, the :layoI' stated his
opposition to rezoning property planned for industrial purposes in ordcr to
create a ball park. He concurred with argUllIents presented in the petition of
o bj ec tion and sta te,d that he bel ieved tha t the City no w had enough park land
for recreational USIl. Commissioner lIall emphasized the need to stimulate job
opportunitios and to promotG the growth cycle potential roprGsented by this
properoty. CommissionsI' i'lachtlor moved for withdrawal of this request. :1otion
was seconded by Commissioner ./illiarns and carried unanimously.
A Public Hearinn on Establishment of a ~~ew Use District - UC (urban center).
The Assistant City l1anager reported the Planning and Zoning Board recommenda tion
for approval of the proposod Article XXIV, ~ a now use district cla.ssification to bo
known as UC. 'urban center') , subject to amendment of Section 24.03 (A) from ~40
gross acres to 20 gr'oss acres and revision of the last 2 sentences of Section
24.04 to read as follows: "Declared now Urban ContG.rs shall have a minimum act'eage
of 40 gross acres fot' phased final plan approval. Declared redevelopment Url>an
Centers shall have a minimum acreage of 20 gro~s acres for final plan approval.t1
Referring to Planning and Zoning Uoar'd memorandum of Augu~t 10th, the Planning
Director described the major features of the recommendations made toward the
establishment of this new district, pointing out the principal differences be-
tween the requirements for redevelopment urban center's 'a.nd new urban center zones.
Commissioner \~illiams discussed var'ious aspects of high density ~oning and Com-
missioner Hall questioned the degree of density indicated for the proposed urban
centers, 5ta ting that higher densi ty may be necessary to promote true UI'ban
centor development. The Planning Director noted that restrictions in density
in other areas of the City would be necessary to compensate for the recom:nended
urban center density i~ maintaining a reasonable total population level. ~Ir.
/.1. E. Palmer, Executive Director, and i'lr. Charoles Galloway, Jr., Vice-Chairman,
of the Downtown UevolopmGnt Uoard spoke in favor of the proposed urban center
classification and commented on the long rangG benefits to ve anticipated from
this action in moating the competition from outlyin~ areas. dr. Charles d.
Finton, Clearwater' resident, concurred in urban c~nter zoning for the downtown
area but disagreed with its potential use in outlying areas of the City. He
noted that such looning could prove an invGstrncnt vlindfall to some developers in
specific locations. After further discussion of various aspocts of tho proposed
zoning classification, Commissioner \1achtler moved for establishment of the
UC (urban center) classification as recommended. :10tion was sE:.condod by COll1>nis-
sioneI' Hall. Commissioner \'lilliams moved for amendment to condition final
approval of this classification on the results of a city wido referendum,
noting that the prospoctive change would affect the Gntir>c City. The motion
for amendment was seconded by Commissioner Wachtler for purposGs of discussion.
Commissioner Hall indicatcJ his interest in postponement in orde.r to study the
total impact of the proposal, and moved to continue consideration of the proposal
for a now use district CUC - urban center) to the Commission meetine date of
September 24th, at 1:30 p.a. ;'Iotion was seconded by Co.nmissioner' \~achtlGr anl.l
carI'ied unanimously.
A Public lIearin[t on Proposed Amendments to the City Zoning Laws:
1, Amend Sections 5.01, 6.01, g.ll. 7.01, 8.01, 9.01, 10.Ul, 11.01 and
12.01 pertaining to use district classifications by deleting the
second paragraph thereof and substituting a provision providing for
more flexible application of 4 acre minimum area requirement.
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CITY CO:111!SSI\.)N l'lCC'1'IlIG
September 10, 1~1J ,
Amond Scotion 9.U2 pot'taininH, to pormitted USCG undor Uuplox,:,Apart-
mont RODi'dontial Diot1"ict by adding to (,1) tho 'wo1"ds "except thoso
lots platted prior to data of this ort.1inanoQ - pOl" :l:one standardstl
and adding to (2) tho words "par zone standard II .
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3.
Amend Section 13.02 pert.lininu to pormi tted uses and ntruotures under
lliUh Density ilulti-fa'mily Usa District, (1) by dcletinu "lloarding
llouses, Lodging housos, motels and hotels" and add thase to Section
13.03, Spacial I:xcoption, .as (1). Also dclGte (4) froln Section 13.02
and add as (2) to Section 13. U3 r.lnu renumber aG required.,
Amenu Section 20.02 pcrtaininc to pCl"mitteu uses and structures under
Professional Services District, by deleting (1), '2) and (6) and
plo1cing (5) (b) as amenued as (3) (b). Amen:.! Section 20.03, Special
Exceptions, by addinr. thereto (1), (.2) and (I)), deleted frollL Section
20.02 and renumber both Sections. '
4.
5.
Amend Saction 22. 02 pertainin~~ to permitted uses, Parkway Business
District, by deletinB multi-family dwellings and town hOUSGS and
adding thorn to Section 22.03, area and dimension regulations, and
renumber as nocessary.
6.
Amend Section 23.05 pertaining to area a.nd dimension reculations,
General Business District, (3)(c)(1)(a) by res~ating setbacks. for
clarification.
7.
Amend Section 25.04 pertaining to prohibitad uses, COlrunercial Services
j)istric~, by adding (13) to prohibit separate structures for apart-
ment use only.
8. providins Article 29, Section 29 - to es:tablish an AL-Aquatic Land
Zoning District Classification including Intent, Application,
Permitted Uses, Special Exceptions, Prohibited Uses, Riparian Riehts,
etc.
~. Amend Section 34.07 il€:.rtaining to ?('occr1urc for amending ZoninB Ordi-
nance, Administration anj Enforcement, to provide a procedure for
proccsGin~ and raview with reference to the comprehensive plan,
request for zoning for annexation, und requ~st for rezoning.
10. Amend Scction 34.08 pertaining to nonconforming uses, Administration
and EnforccUltlnt, by addinH to (3) (a) rel:1ting to discontinuance of
non-conforming uses in a rene\.,tal arG.;J. as declared by Commission.
Also. amend (1.\) to cl1anne thtl 65% shown to 50'6.
The Planning Director explained the pur:>osa of each of the proposed amend-
ments. The City Attorney stated that pa!'agraph (8) of the proposed Section 34.U7,
(Item J19, above) Procedure for Amending Zoning Ordinance, nowapt>licd to annex-
ation and zoning act~ons as well as rezon~ng requests where previously only
rezoning items \o/o.re limited by this provision. ill'S. Karlc;.cn F. JeBlaker, Clcar-
wa tel" resident, concurl'Qd with the procedural matters contained in the proposed
section but objected to paragraph (6) with respect to 'the wording IIthree-fourths
(3/4) of the S,i_ty...Commission presentll. Statinn t~at the Hording of this para-
graph reflected a feature of the State law, the C~ty Attorney expressed the
opinion that deletion of the word "presentll t%uld not be permissible. In further
discussion of this paragraph (6), Commissioner ~'Jilliams stated that he. would
favor application of this provision to annexation and zoning actions in addition
to the rezoning category specified. Commissionort'Jilliams moved for a?proval of
the zoning amendments proposed for Items ill, i12, #3, 1/5, /J6, if?, 118 and 1110
above, as recommended, and that the City Attorney be instructed to incorporate
those amendments in the Zoning Ordinance to be brought back to this COJJul1ission
for approval as soon as possible. aotion was seco:1dcd by Conunissioner Hall and
carried unanimOUSly. Commissioner Williams moved to continue consideration of
Items #4 and #9 above to the Commission meeting date of October 8th, at l:JO P.J1.
Notion was seconded by Commissioner Hall and carried unanimously.
Effect of the Law on Commission Voting -
At the request of the Mayor and for the record, the City Attorney stated
that the law requires a member of a public board to disolose the nature of the
personal interest which may cause him to abstain from voting.
North Osoeola Zoning Study -
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-5-
CITY COilllIsSroN MEE1'Ii'lG
Soptomber la, 1973
. At the roquest of tho Assistant City Manager the Planning Director re-
viewed.the purpose of tho Horth Osceola Zoning Study. The City's Chief Planner
outlinod rnsultB of thn study showing maps and ovoI"lays appropriate to the
various catogories of zoning development, density and. traffic flow. and sum-
marized the various al te~nativos open ,to tho cl ty in promoting redevelopment
of 'this aroa. Tho Planning' Director continueu the discussion of coastal.
. dovolopment by describing the potential in tho East Clearwater area. Commis-
sioner h'illiams ,suggested tho dosirabili ty of permitting the public to' better
understand the character of the various environmentally ondangered areas of
tho City by expanding appropriato road networks. FOllowing furthor disoussion
on the time involved in accomplishing area rozoning and the noed for appropriate
public hearing on various proposals, Commissioner Williams moved that a public
hearing bo soheduled for these matters at tho speoial Commission meetinlX of .
Octobor 22nd, at 1:30 P.H. I-lotion was seconded by Commissioner Hall and carried
unanimouslY. "
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Other Commission Action.
Anticipated Additional Coats of flight :1e~tings.
The Mayor 'summarized the results or a study prepared conoerning the additional'
cost impact ofprospectivQ evening Ineetinns, noting that'sp6cial compensation' for
overtimo work would add significantly to total payroll costs.
Property Utilization Under Approved Zoning. -
Commissioner lIall commonted on the dosit"ability of t'eqUl.rl.nU the use of,
undeveloped property under approved zoning within a specified time limit~
Property not used within the time limit would be placed in a special category
without zoning authorization. Co~nissioner 1~11 indicated that such a time
limitation would help to avoid the problems of spoculation in property tha.t
has not been developed. The City Attorney suggested that removal of specific
zoning authorization probably would be considered illegal City action.
Minutes -
Commissioner Williams, moved that the minutes of the regular meeting of
July 16, 1973, and tho special meeting of July lY. 1973, be approved as
recorded and as submitted in written summation by the Clerk to each Commis-
sioner. Hotion was seconded by Commissionor Hall and carried unanimously.
Commissioner Hilliams questioned the City's plans fat' a City AUditorium.
The Mayor stated that a report would be furnished on this in the near future.
Commissioner Williams BugBGsted. acquisition of usable but unused citrus grove
areas for :-. the purpose of continuing procluctivi ty and maintaining attractive
open space within the City. The Hayor r~quested the Assistant City i1anager
to report on the, poten~ial acreage involved and to furnish appropriate
recommendations.
That'e being no further business. the meeting adjourned at 5:30 P.H.
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Attest: '
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Septomber 7. 1973,'
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Honora.ble Mayor' and
City of' Clearwater
,'Clearlilc1 ter t FloI'ida
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Members of City Commission
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Gontlemen:
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The Ci~y Commission will meet in Special Session on Monday,
SpptembQr 10, 1973 at 1: 30 P,:f:l:. in the City Hall Commission
Chambers foI' the purpose of conducting a public hearing on
zoning ordinance amendments, and to consider such otheI': '
,business as may be pI'esented. . ,
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Sincerely, '
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181 H.' Everett Hougen
Acting City Manager
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