10/01/1973
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CIT'i COHMISSIOU MEETING
Octobot" 1, 1973
The City Commission of the City of Cleat"watet" /net in regular sossion at
the City Uall, Monday, October 1, 1973. at 1:3U p.m., with tho following
members presentl
..)
H. Everett Hougen
Donald S. Williams
kichard D. Wachtlor
Joseph Carwise
Rick Hall
i1ayor-CcmmissionQr
Commissioner
Commissioner
Commissioner
Commissioner
I.
Also presont wore:
Duane Zusay
Harbert 1,1. Brown
liax Ua ttlc
Paul Borgmann
Frank Daniols
Assistant City Manager
City Attorney
City i;ngineer
Planning Director
Police Chiof
Tho Mayor called the meoting to order.
Chief Daniel s.
Tho invocation was given by
The Mayor presonted the Employee of the Month Award (September) to Curtean
Whitter. Services Division, Police Department.
I'l'EM t#l - A Public Hearing on Lot 11.owing ReSOlution #73-127.
Tho City Attorney explained the resolution and the City Inspector described
the lots as a monace to public health, safety and welfare. There were no
Objections. Commissioner Carwise moved that Resolution #73-127, passed on
September 17, 1973, 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 directed to proceed in accordance with law and see
that the lots are cleared. Motion was seconded by Commissioner Wachtler and
carried unanimously.
ITEM /#2 - A Public Hearing on'Requests for Vacations:
a. Vacation of \'Iesterly 10 ft. of easement on Lot 332, Horningside
Estates Unit 38 - G. Armitage.
The Assistant City ~anager stated that the Commission had denied this request
(July 5. 1973) on the basis of the City Engineer's recommendation. Mr. George W.
Greer. attorney and applicant's representative, appealed for reconsideration of
the denial on the grounds that the pool location could not easily be changed
because of concreto and fiberglass construction and that relocation was estimated
to cost dn ,additional $1,500. Following a discussion on construction problems
and the hardship now confronting the applicant if approval were denied, Commis-
sioner Hall moved that Resolution "73-132 be passed and adopted in approval of
the request, and that the appropriate officials be authorizod to execute i~.
Motion was seconded by Commissioner Wachtler and carried unanimOUSly.
b. Vacation of the East part of Eugenia Street lying adjacent to Lots
6 through 10 inclusive, and the easements along the North side of
Lots 6, 7 and 8, along the East side of Lot B, and along South
side of Lots B, 9 and 10, Georgas SUbdivision. - Comm Ur Del Cor-
poration.
Tho Assistant City ~lanager stated that this request involved vacation of a
cul-de-sac at the east end of Eugenia Street. The applicant was not present
for this hearing. Commissioner Williams moved to continue this item to November
5th at 1:30 p.m. Motion was seconded by Commissioner Wachtler. Commissioners
Williams. Wachtler and Hayor Houp,en voted in favor. Commissioners Carwise and
Hall were opposed. [lotion carried.
c. Vacation of Easterly and Southerly 5 ft. easement adjacent to and
parallel to platted 10 ft. utility easement at the rear of Lots
24 through 31 incluaive, Del Oro Groves First Addition. - Brown
Homes t Inc.
, The Assistant City Hanager reported that the applicant had requested vaca-
tion of 5 ft. of an existing 15 ft. easement at the rear of the above properties.
Approval was recommended on the basis of no conflict with the placement of
util~tieB, utilities had been situated in the right-of-way existing at the front
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-2-
CI'ry COi1MISSIOU MI:E'rIHG
Ootober 1, 19'/3
of thesQ properties. 111'. Douglas D. Roach, attorney and applicant's represont-
a tivo, confirmed the ASliistant Ci'ty i1anaijor' s Qxplana'tion. Commissioner
Williams moved tha~ Resolution ~73-133 be pas.od and adoptod in approval of
tho vaoation requested, and tha't the appropriate officials be authorized to
execute it.
ITEM #3,1- ^ Public Hearing on Zoning Amendments:
a. (Continued from Commission meoting of Soptombor lOth.) East
100 ft. Lot 9 and West 1/2 Lot 10, less East 90 ft. of West
140 ft. of South 190 ft. and less Horth 90 ft. of South 280 ft.
of West 140 ft. and less East 25 ft. of South 295 ft., Pinellas
Groves. SE 1/4, Section lY-,~-16. Change from R~-12 (duplex-
apartment) and RM-16 (medium density multi-family) to RPD
(residential plannod development). - Bowler and Koob, Ina.
The Assistant City t1anager read the Planning and Zoning l:kJard recommendation
for denial because of doubt that the Ci'ty has legal authority to rezono a property
solely on the basis that developmont had not taken place since the most recant
zoning action. The Plannin?, Director stated that the property had been zoned
RM-12 in the spring of 1970. 111'. Donald McFarland, attorney and applicant I s
respresen'tative, reviewed the sequenca of rocent ownership of this property and
commented on potential actions for development. He spoke in opposition to the
proposed rezoning. Hr. James P. Poynton, 2415 SurIUner1'ine Drive, reprcsenta tive
of area residents. spQke in favor of the proposed rezoning as a benefit in '
reducing the permissible density under the existing R~-12 and RH-16 zoning.
In response to a question from Commissioner Williams, the Planning Director
s'tated that the contemplated densi'ty of B units per acre could be authorized
under either RM-8 or RPD zoning. and stated that RPU zoning was preferable
because of the required development plan. Discussion followed on neighborhood
zoning and tho potential of mOdifying the zoning of this property in a manner
consistent with the changing character of the adjacent areas. 111'. McFarland
stated 'that the owners desired to retain the present zoning and could not accept
a reduction of density to 8 units per acre. Commissioner Williams moved to
confirm the Planning and Zoning Board recommendation for denial. Motion was
seconded by Commissioner 1211. Commissioners Williams, Carwise. Hall and Mayor
Hougen voted in favor. Commissioner Wachtler was opposed. Motion carried.
b. North 165 ft. of East 170 ft. of West 200 ft. of Southwest
Quarter (SW 1/4) of NOI'thwest QuartoI' (lH'l 1/4), Section 11-29-15.
Change from R11-54A (high density multi-family) to RH-12 (duplex-
apartment.) - P. DiPaolo. (See minutes of 11-26-73)
The Assistant City Manager reviewed the Planning and Zoning Board recom~
mendation for RM-12 Gduplex-apartment) zoning in lieu of the RS-50 (single
family) zoning requested by the City and stated that 'the public heaI'ine had
been readvertised foI' the meeting of October 1st on this basis.
HI'. Philip E. DiPaOlo, owner, objected to the Planning and Zoning Board
recommendation as a potential devaluation, but stated, however, in response to
a ques'tion from the Hayor, that the recommended Rii-12 zoning would not con-
stitute a hardship in tho pI'esent use of the property.
Commissioner \'lilliams moved to approve the Planning and Zoning Board
recommenda tion for RH-12 zoning, with Fire District 112. in lieu of 'the RS-5U
zoning requested and to instruct the City Attorney to include this change in
an amendment to the Zoning Ordinance to be brought back to this Commission
for approval as soon as possible. Hotion was sc.condad by Commissioner Wachtler
and ca~r1Gd unan1mous~y.
c. (Continued from Commission meeting of September
to 208 inclusive. Morningside Estates. Unit 1.
(public) and RI1-54A (high density multi-family)
sional services). - Trinity Baptist Church.
lOth.) Lots 194.
Change from P
to PS (prof es-
The Assistant City Hanager read the Planning and Zoning Board recommen-
dation for denial of 'the ISP (institutional semi-public) zoning requested and
Board recommendation, in lieu thereof, for PS (prOfessional services) zoning,
subject to a covenant prohibiting residential use. limiting construotion height
to 2-stories, requiring parking areas and beautification to conform to the
requirements of PS zoning under coordination of the Traffic Engineer and
requiring that all signs erected conform to professional use limitations of
the Sign Ordinance_. The Assistant Ci ty l1a~B8r notod also :that this item had
been roadvertised for public hearing' this date to show the PS zoning recom-
mended by the Planning and Zoning Board and acknowledged receipt of a petition
wi'th 18 signatures of no objection to PS zoning. Rov. William Kline, pastor
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CIT'! CO:1MISSIOH 11EETING
October 1, 19'13
of the Trinity Baptist Church, spoko in approval of the PS zoning recoJrunended
and noted that this zoning oould help the ohuI'oh in potential sale of tho
property. He ;.tated that tho ohuroh had no objeotion to ISP (institutional
semi-publio) zoning should the pI'Opel"ty bo sold to anotheI' ohurch oruanization.
HI'. RoboI't Arnold of Horningside Estates presented a petition with approxi-
mately 28 signatures from rosidents of this area seeking special zoning
reBtrictions oonsidered desiI'able for this property. '
Following further discussion of the zoning request, Commissioner Williams
moved that the applioation of the Trinity Baptist Church for ohange of zoning
from P 'publio) and RH-S4A (hiBh density multi-family) to PS (professional ,
sSI'vices), with riro Distriot 02, bo approved as I'Ocommended by tho Planning
, and Zoning Boa~d subjoot to the ahove oovenant and additional restrictions .
pI'ohibitina traffic access on Claiborne DI'ive and limiting construction'to
the average single-family residontial haiuht of 35 ft., and that the City
AttoI'ney be instructed to inoludo this amendm'3nt to the Zoning Ordinance to
be brought baok to this Commission for approval as soon as possible. 1iotion
was seoonded by Commissionor Waohtler and carried unanimously.
d. Lots 13 and 14, Block E, Pinebrook SUbdivision, Unit 2 to be
changed from HS-bO (single family) to CG (business). L..Gomes.
The Assistant City Manager read the Planning and ~oning doard recommen-
dation foI' approval of CG (general business) zoning, subject to oovenant for
continued office usage and setbacks in accordance w~th PS 'professional services)
zoning standaI'ds, with tho remaining (opon) area of L.ots 13 and 14 to be used
in aocorodanoo with Rii-16 zone setbacka, net density, and parkingrequir'ements.
[11'. J. 11. Ford, applioant's I'epresentative and tenant of the property,
c~ncurI'od with the reoommendation for CG zoning, for the existing structure,
but did not agree with the RM..16 (medium density multi-family) restriotions
reoommended for Lot #14 on which the ownGr now plans to build. After fUI'ther
discussion and I'equest by HI'. l-'ord for a continuance, Commissioner Wachtler
moved to oontinue furthoI' consideration of this item to the fiI'st meeting in
December, Deoember 3I'd, at 1:30 p.m. Motion was seconded by CommissioncI' Hall
and carried unanimously.
ITEl1S #3-e and #4-f were oonsidered jointly at this time as related matteI's.
3-e West 330 ft. of South 200 ft. of Northwest Quarter (NW 1/4) of
Southwest Quarter CSw 1/4), Seotion 1a-29-16, less: Begin at
Southwest oornel" of NOI'thwest QuaI'ter (NW 1/4) of Southwest
QuaI'ter (SW 1/4) run North 200 ft., East 36 ft., South 140 It.,
Southeast 36.21 ft., East 150 ft., South 33 ft., West 20g.a7 ft.
to P.O.B. Change from RS-SO (single family) to PS (professional
seI'vicGS) zoning. - L. Martin.
4-f East 70 ft. of West 400 ft. of South 200 ft. of NOI'thwest QuarteI'
(NW 1/4) of Southwest Quarter CSW 1/4), Section 18-29-16, with
PS 'professional services) ~oning and Fire District No.1 classi-
fication. :: L. l1artin.
'rhe Assistant City 11anager read the Planning and Zoning BoaI'd I'ecommen-
dations for approval subjeot to restI'ictions for professional office usage only
and l-story height limitation, and noted that Item "4-f pertained to property
not yet annexed by the City. City I'equirements for right-of-way on the North
side of Druid Road were presented: A 17 ft. casement for the east-west length
and a deed fgI' 33 ft. of the East 190 ft. of the property in oI'der to satisfy
the 50 ft. I'ight-of-way requirement. The City would pay a total of $4,500 as
full payment for the right-of-way; theI'e would be no special assessments for ,
the constI'uction of the Druid Road extension and the conveyance of right-oE-way
would satisfy park donation requiI'emente.
Commissioner Carwise moved that the applioation of Leo F. Martin fol' change
from RS-50 (single family) to PS (professional seI'vices) zoning (Item 3we above),
and I'equest foI' annexation with PS zoning and Fire District #2 classification
(Item 4-f above), be appI'oved as recommended by the Planning and Zoning Board
subject to the restrictions listed above and the specific tCI'ms of the right-of-
way agreement to be negotiated, and that the City Attorney be instruoted to
include these actions in amendments to the Zoning Ordinance to be brounht back
to the Commission for approval as soon as possible. i1otion was seconded by
Commissioner Wachtler and carried unanimOUSly.
f. '1) Lots 10 to 16 inolusive, Lot 16 and south 5 ft. of Lot 17,
Palm Bluff Sub. Change from RI1-S4 (high density multi-
familY) to RPD ~residontia1 planned development). - Bleakley,
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-4-
CITY COrl~ISSION MEETING
Ootobor 1, 1973
(2) Lots & to 9 inolusivo. Palm Gluff Sub. Change from Ri-l-5l+
(high donsity'multi-family) and KS-50 (single family) to
RPU tresidantial planned development). ~ Walker, et all
The Assistant City Manager read thu Planning and Zoning Board rocommendation
for approval subjeot to: oompliance with an amended final plan to be adopted
per zone procQduros~ provision for utility and drainagc casoments, and devol-
operis assistanoe on improving Palm Bluff from Osoeola to Fort Imrrison;
rolooation of public access to tho bay and construction of fishing dock and
shelter - doak longth determined by ondineoring survey to provido accass to
deeper water~ entrances and additional rinht-of-way subjoct to Traffic Engineer
approval~ off-stroot parking; and density to bo not mare than 44 units pOl" net
acre, plus watorfront bonus. Existence of a public right-of-way dedication
(December 8, 1933) consisting of a 10 ft. strip on the Qast side of Lot la,
,the east side of the south 38.3 ft. of Lot 11 and a 10 ft. strip on the west
side of Lot 12, was reported. Hr.,~ilton D. Jones, attorney and applicant's
representative, displayed a site plan for proposed development and stated
applicant.~ a proposal for building a publio dock and providing access to this
waterfront by granting a 15 ft. easement along the south property line. Offer
included widening Palm Bluff between Osceola and Fort t~rrison and grant of
an easement for potential widoning of both sides Osceola. ,LThe proposed devel-
opment would accommodate a total density of 131 units.
I1rs. Karleen DeBlaker, BOB Bayshore Boulevard J{orth, and I'll'. Charles Finton,
310 S. Baywood Avenue, spoke in opposition to the proposod rezoning. After
fu~thor discussion of zoning and potential vacation of the affected portion of
Palm Bluff Street (public hearing schoduled for October Bth)" Commissioner
\~aohtler moved to deny this request without prejUdice. 110tion was seconded by
Commissioner Williams and carried unanimously. Discussion followed on matters
of density and the need for further coordination between the applicant and the
City prior to renewod consideration of this request. '
ITEI1 #4 - A Public Hearing on Requests for Annexation and Determination
and Establishment of ~oning and Fire District Classification:
a. (1) Begin 667 ft. Cast and 200 ft. North of Southwest corner of
Southeast Quarter (SE 1/4) of Northwest Quarter (NW ~/4),
Section 9-29-16, thence continue North 466 ft. H.O.L., \'1est
334 ft., South 466 ft. rt.O.L., East 334 ft. to p.o.a., with
CG 'business) zoning and Fire District No. 1 classification. -
Kapok Tree Inn.
(2) Begin 667 ft. East of Southwest corner of Southeast Quarter
(SE 1/4) of Northwest Quarter 'NW 1/4), Section 9-29-16,
thence continue East 1147 ft. li.0.L., J{orth 2UO ft., West
1147 ft. M.O.L., South 200 ft. to P.O.B. and Begin at North-
east corner of Southeast Quarter (SE 1/4) of Northeast
Quarter (NE 1/4), Section 9-29-16, run West &03 ft. for
p.o.a., South 222 ft., Westerly along Worth line of Del Oro
Groves 1st Addn. 1230 ft. M.O.L., North 300 ft. to North
line of South Half (8 1/2) of Northeast Quarter WE 1/4),
East 1200 ft. to P.O.B., with RPU 'residential planned
development) zoning and Fire District No.2. - Kapok Tree Inn.
(3) Begin 667 ft. East and 200 ft. North of Southwest corner of
Southeast Quarter 'SE 1/4) of Northwest Quarter (NW 1/4),
Section 9-29-16, thence continue Horth 466 ft. M.O.L., East
667 ft. !-t.O.L., North 550 ft., East 290 ft.. Horth 50 ft..
East 320 ft., North 65 ft., East 290 ft. M.O.L., South 600 ft.
H.O.L., West 60 ft., South 129 ft., West 245 ft., South 80 ft.,
West 119 ft., South 320 ft., West 1147 ft. M.O.L. to P.O.B.,
with RCPD 'residential commercial planned development) zoning
and Fire District No. 1 classification. - Kapok Tree Inn.
Commissioner Williams withdrew from consideration of this itE1l\ because of
aersonal J1nterest.
The Assistant City Manager summarized the Planning and Zoning Board recom-
mendation:~of March 20, 1973, fo" annexation under RPO 'residential planned
development) zoning of the total tract with a maximum of B units pel" acre, 10'1
of the land dedicated for public use and street access approved by the Traffic
Engineer and Planning Department staff. He then reported Planning and Zoning
Board ,recommondations of July 5, 1973, in confirmation and modification of the
previous recommendation as follows: annexation with RPD .oning at a maximum of
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CIT'! CQI1.nSSION ;.tEBTIUG
Oatober 1, 1973
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B units per net acre, single family lots alon" south and east sides of property
to be no smaller than lots abutting; romainder of residontial area to be modi-
fied in layout to include a traffic routing approved by~tho Traffio Engineer '
and the Planning Departmont; tho CG (uonoral business area to be rostrioted to
office use only for Kapok Tree Inn. Inc.. with structure to bo limited to nu
more than 5 stories. setback from rcsidential arca aqual to tho height of the
structura, parking area to provide a buffer planting screen for residential
proporty, and no building permit to be issued until the fabricating operation
is rOllloved; park dodication of all property east of the easterly limit of the
sinnla-family home area with a 50 ft. easoment along all lake frontage, and
buildinn setback and bike trail to be provided in consonance with and equal to
the plan for tho adjacent Uilgove prope~ty.
The Assistant City Manager noted further that the Commission had refused on
t1ay 21 and July 5, 1973, to continue consideration of this request until the
applicant had complied with requirements for noise abatement and parking/traffic
changes.. lir. John Bonner, attorney and appl icant' s representative. summarized
tho recent actions taken by the applicant to satisfy thE'. Commission requirements,
stating that effective noise modulation equipment was being installed and that
the applicant would modify the street access requirements to improve the area's
traffic pattern. He presented concept site plans showing internal streets,
access roads for McHullen Booth Road and U. S. Home SUbdivision, planned single
family and residential planned development areas and the Kapok Tree Inn, IncI,
of f ice location. 111'. Bonner sta ted that this plan compl ied with the Planning
and Zoning Board recommendations.
Mr. David A. Yarbrough, president of the Del 01'0 Groves Homewoners Associ-
ation, submitted a petition with approximately 310 signatures in opposition to
the terms of tho annexation requested and questioned the need for a 5-story office
building. 111'. Bonner responded to Hr. Yarbrough's questions and commented on the
planned density of 230 units for this tract. He explained that only 4 of the 115
bu ild ings now planned and loca teu on the premiminary site plan were of 3 -story
construotion and that the sloping ground of this area accommodated 3-story
construction so that the roofline was not noticeably higher from the front than
the surrounding 2-story town housea.
A lengthy discussion followed concerning the most desirable housing density
for this area. Mr. Bonner reviewed the basis for the planned 230 units. Commis-
sioner Hall rCQommended a reduction to 200 units and Commissioner Wachtler proposed
a density on the basis of 6 units per acre. After discussion of various alter-
native calculations, Commissioner Hall moved to accept the Planning and Zoning
Board recommendations and restrictions under RPD zoning with a density limitation
of 210 units, with the City Attorney instructed to include this annexation in an
ordinance to be brought back to this Commission for approval as soon as possible.
110tion was seconded by Commissioner Wachtler and amended by Commissioner Carwise
to spec ify no more than 180 uni ta. 110tion for amendment was seconded by Commis-
sioner Waohtler who expressed the conviction that a 200-unit density level was
reasonable for this annexation. The vote was taken: Commissioner Carwise voted
in favor; Commissioners Hall, Wachtler and Hayor Hougen were opposed. The motion
for amendment failed. Commissioner Wachtler moved to amend the motion for approval
to specify a density level of 200 units. aotion was seconded by Commissioner Hall.
Commissioners Hall, Wachtler and Hayor Hougen voted injfavor; Commissioner Carwise
was opposed. Motion for amendment carried. Vote was then called on the motion
to a~prove the Kapok Tree Inn, Ino. request for annexation as recommended by the
Planning and Zoning Board and amended to limit density to a maximum of 200 units.
Commissioners Hall, Hachtler and r-Iayor Hougen voted in favor; Commissioner Carwise
was opposed. l1otion carried I
b. (Continued from Commission j.leetings of August 20 and August 27. 1973.)
Lots J, K, L, l1 and U. ROlling Heights SUbdivision, with CG (general
business) zoning and Fire District No.1 classification. - R. Becker.
Commissioner Hilliams returned to the moeting at this time.
The Planning and Zoning iloard recommendation for denial of annexation under
CG (general businoss) and recommendation for approval with CP (parkway business)
zoning, subject to 3-story height limitations and no residential usage, were
reported by ,the Assistant ,City t1anager. Hr. Gerald T. Walczak stated agreement
with the recommended zoning and committed the applicant to a cash donation in
lieu of a donation of land. Conunissioner Hall expressed an Objection to the
3-story height limitation; ill'. Walczak presented a plan layout of the project
and explained that location of the building on sloping ground would result in
the appearance of a 2-story structure. COlnmissioner Wachtler moved that the request
for annexation by Robe~t F. Becker with CP 'parkway-business) zoning and Fire
District #1 classification be approved subject to staff acceptance of the site plan,
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-G-
CITY CQHnISSION MEeTING
October 1, 1973
10\ value of tho land as cash donation, construction limited to 3-atory heiaht
with the roofline no highor at tho front of tho proporty than 2-story con-
struction, and that the City Attornoy bo instructod to includo this in an
ordinanco to bo brought baok to this commission for approval aD Boon as possible.
Motion was soconded by Commissioner Carwise and oarried unanimously, ,
o. Lots E, f, G, 11, I, Holling UoiChts Sub" with CG (business)
zoninG and Fire District No.1 olassification. - C. Brammer ot all
Tho Assistant City Managor read tho Planning and Zoning Board rccomman- ,
dations for donial of CG (general businoss) and approval of CP (parkway business)
zoning subject to a covenant for no residential use. itr. Uilly L. Rowe,
attorney and applicant's representativo, stated that applicant had no objection
to the recommonded CP zoning provided permission could be granted for package
store and lounge operations, noting that the applioantts location was a least
500 ft. from the nearest school and at least 700 ft. from the nearest church.
Commissioner Williams left the meeting at this time because of possible '
oonflict of interest. -
In a discussion of zoning restrictions speoified for CP zoning, the Planning
Director stated that the listing of permissible operations did not inolude that
of a package store and lounge. The City Attorney suggested amendment of the
ordinance to provide for this activity under the CP category. After additional
discussion on zoning and the estimated cash donation, Commissioner Carwise moved
that the request for annexation by C. Brammer, et al., be approved as recommended
by the Planning and Zoning Board with CP (parkway business) zoning and Fire
Distriot #1, subject to a covenant for no residential uso, with the additional
restriotion of 2-story height limitation and a requirement for a 10\ value-of-
land oash donation, with the City Attorney instructed to include this action in
an ordinance to be brought back to this Commission for approval as soon as
possible. Motion was seconded by Commissioner Wachtler and carried unanimOUSly.
Commissioner Carwise moved to authorize amendment to the Zoning Ordinance
providing for a package store and lounge operations under the permissible uses
listed for CP zoning. 110tion was seconded by Commissioner Waohtler and carried
unanimously.
d. Begin at Northeast corner of Southeast Quarter (SE 1/4),
Section 3-29-15, thence run South 1795.72 ft., west 2297 ft.,
Northeasterly 280 ft. X.O,L. to center line of Pineland Drive,
North 1714 ft., East 2028 ft. to P.O.B" with RPD-8
'residential planned development) zoning and Fire District
No. 2 classification. - U. Heye and A. Rhoades.
Applicants' request for annexation was withdrawn by Allbritton and Barber
(attorneys-at-law) letter of Septomber 17, 1973.
e. West 3/4 of North Half (N 1/2) of Northwest Quarter (NW 1/4)
of Northwest Quarter or..s 1/4), Section 18-29-16, with CG
(business) zoning and Fire Distriot No. 1 classification. -
G. Hunt. Jr.
Commissioner Williams returned to the meetin~ at this time.
The Assistant City Manager read the Planning and Zoning Board reoommendation
for approval subject to appropriate amendment to the comprehensive plan and
covenant prOhibiting use for residential purposes. Applicant's representative,
Mr. Ray Peacock, attorney. reported that the plans for a Shopping oenter had not
materialized and that no immediate prospect for development was at hand. The City
Engineer described drainage requirements and the ~ayor questioned the applicant's
intention with respect to parkland dedioation. Fallowing Hr. Peacockts state-
ment that the applicant would not consent oither to a parkland dedication or a
cash contribution, Commissioner Carwise moved for denial of the request. In
response to a question ooncerning the specific intent of his motion, Commissioner
Carwise stated that he had moved for denial with prejudice. Motion was seconded
by Commissioner Wachtler. After further disC'USSion on tho potential fol' compromise,
Commissioner Hall moved for amendment to deny without prej udice. j'lotion for
amendment was seconded by CommissionsI' Wachtler. Commissioners Williams, \'1achtler,
and Hayor Hougen voted in fa VOl' ~ Commis s ioner Carwise was opposed. Motion carried.
On advioe of the City Attorney, Commissioner Carwise moved for further amendment:
denial without prejudice because request was not consistent with tho mid-range
densi ty of multi-family use permissible under the comprehensive plan. [iotion for
amendment was seoonded by Commissionor Wach'GIsr and carried unanimously. Motion for
denial without prejUdice, as amended, was voted. COlnmissioners Williams, Wachtler,
' Halll and Mayor Hougen voted in favor ~ Commissionel~ Carwise was opposed, 110tion
,cart' ed.
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CIT';{'CGMMISSION HtETING
October 1. 1973
f. This itom was considered jointly with related Item 3-0 earlier
in lnOotinB.
Items #4-8. -h and -i wore oonsidered jointly at this time as annexation
and zonina requests of tho sarno category.
g.
Lots 23. 25. Block'A, Cleardun Subdivision. with RS-GO (singlo
family) zoninu and Flrc District H2 claasifioation. - J. Van Ness
and D. Rico,
h,
East 30 ft. of Lot 12 and Wast 4S ft. of Lot 13. Lots 16. 20 and
21. dlock U. Clcardun SUbdivision. with RS-60 (sinRle family)
zoning and rire Dist~ict 02 classification. - Ashe~, at al.
Lots 13 and 15. Knightls Acres Subdivision, with RS-60 '(single
family) zoning and Fi~o District #2 classifioation, - S, Krieger
and J. Henso.
i.
'rhe Assistant City 11anap,c~ read the Planning and Zoning Hoard recommendations
fo~ approval noting that tho 'zoning requested for each applicant was in accordanoe
with tho comp~ohensive plan. Thoro we~e no objections, COJnmissione~ Hall moved
that the requests fo~ annexation by Van Ness and Rico, Asher et al.. and Krieger
and Menso, with RS-60 zoning and Fire District #2 olassifioation. be approved,
as ~ecommended by the Planninu and Zoning Board t and that the Ci ty Atto~ney
be instructed to include these actions in an ordinance to be brought back to
this Commission for approval as soon as possible. i'lotion was seconded by Commis-
sioner Williams and carried unanimously.
1,
Lots 16 and 21. Hlock U. Eastwood TerracQ Second Addition. with
RS-60 (single family) zoning and Fire Di8t~ict #2 classification, -
C, Herzog.
'rhe Assistant City !-1anage~ ~ead the Planning and Zoning Board recommendation
for RS-75 (sinr,le family)zoning in lieu of the RS-60 zoning requested and noted
tha tthis recommendation had been acc epted by the applicant:, Commie sioner Carwisa
moved that the request foro annexation by Casper Herzog. wit:h RS-75 zoning and
Fire District #2 classification, be approved as rocaommended by the Planning and
~oning Board. and that the City Attorney be instructed to include this in an
ordinance to be brought back to this Commission for approval as soan as pos-
sible, 11otion was~,secondEd by Commissioner \oJilliams and carried unanimOUSly.
IT};:" " 5 - Report - Building ['lora torium.
Tho t1ayoro/ Acting City ;1anager presented staff raporot of Octobero 1, 1973,
wi th recommendations for extonsion of the moratoriums on annexa tion5 and buildinJ
oermits.
. In summary, the report emphasizod the following findings and recommendations:
supply of potable water significantly exceeds present City capacity for trEatment:
of sewage effluent; the moratoroium on annexations should be extended for at least
6 months 'through tho first Commission meeting in April); the building permit
mora torium should be extended for a peroiod of 6 months in the area serviced by
the t'tarina Plant. and for a period of 3 months in the aroca to be served by the
Northeast Plant; the moratorium on building permits should be relaxed immediately
for the area servod by tho ~arshall Street Plant to the extent that a maximum
of 1.200 dwelling units may be added in that area within the next two y~aros. and
relaxed for the area servicod by the Clearwater East. traatmcnt facilities to the
extent that 3.200 dwelling units may be added within that area in the ncxt 3 years;
the City :1anager and the Public Works Director should be authorized to :take
immediate action for elimination of the infiltration of surface water into the
sanitary sewar system by the use of City porosonnel. controaotoro services, or a
combination of both City and controactor effort. Under the above roecommendations
approximately 4,900 dwelling units (including anticipated additional capacity
for 500 units at the Haroina Plant) could be added to the existing City systems
within the next 3 year's. In addition. completion of the interoim 1 m.g,d. North-
east Plant (approximately 9 months) would croeate new-plant capacity of 3.~OO
dwelling units. '
'rhe report further reco~nended the immediate organization of a Building Permit
Review Committee. composed of the Building Director, the Planning Director, the
Utilities Director and the Public \~orks Director and a representative of the City
Manager's office, with the Building Director providing experience data' to guide
the committee in allocating the additional b~ilding permit:s to be authorized,
'rhe co~nitteo would recommend to tho City :-Ianager applications for approval and
rejection on the basis of availability of utilities. traffic congestion, drainage
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CITY CO,iilISSIOH l'IEE'rING
October 1, 1973
and, other relevant data. At his discrotion, the lian!1ger may rafer these
recommondations to the Commission for final detorminationl or he may proceed
to authorizo tho issuance of building permits up to the 1 mits imposed uy the
Commission. A procedure for reviewing permit r09uasts on a monthly baais'
will bo continued until the total numbor of pcrm~ssible units has boon
exhausted. At that point in time, no additional construction would be
permitted. The. only 'excoption to thia policy as recommended by the roport,
Would bo established hardship caSGS and building permits for construction
which do not involve any increaso in wator consumption or impose additional
load on sewage treatmont facilities.
A comprehensive analysis of water supply and city sewage diapoaal pl~nt
capacity was presentod by tho Utilities Uirector, with charts illustrating
present capacity and treatment expansion pronrams scheduled for the various
city areas projected to the year 1980. Commissione,'(' Williams discussed pro'vious
projec tion of treatmant capacity and questioned the apparent delay in oxpansion
of facilities. Cutback in Fedoral funding support was indicated as a principal
factor in the delay oxperienced. The Utilities Director emphasized that the
contrOlling factor in City growth was SEwaGC treatment capacity and not water
supply.
In view of the emergency conditions now facing the City with respect to the
reported utility limitations, Commissioner Carwiso moved for approval of the
Acting City Hanacer's report of October I, 1973, to provide specific implemen-
tation of the annexation and building permit limitations listed above.' l1otion
was seconded by Commissioner Hall. Commissioner Williams COJlunented on a potential
long range liability: independent development outside City jurisdiction and
control because 'of the annexation moratorium. He expressed a desire to hear
further report from the City's engineering consultants, Briley, Wild and Associates,
concerning recommendations for expediting the expansion of cityfacilitios.
On the call'for a vote, Comm~ssionGrs earwise, Hall, Wachtler and Hayor
Hougen voted in favor. Commissioner IHlliams was opposed. The motion carried.
'rhe Hayor stated that arrangements would be made for an appropriate report from
Briley, Hild and Associates at the next meeting Wctober 8th).
IT~1 ~6 - Report - Bike TrailS.
7 - Report - Street and Traffic Improvements - (TOPICS & Non-TOPICS).
a - Report - Paving, Curbs and Drainage, Evergreen from Druia,
800 ft. Harth.
9 - Report - Architects Currently Employed by the City.
On the recommendation of the ;1ayor, Items 116, 117, /18, and II 9 were continued
to the meeting of October Bth by consent.
ITEH #10 - Assessment for Improvements: Roosevelt, LaSalle to Carlton. and
Engman, Greenwood to S.C.L.R.R.
The Assistant City Manager reported the City Engineer's recommendation for a
reduction in assessments 'from $12.00 to $9.0136 per front foot) for construction
of paving, curbs and drainage in Roosevelt Avenue and Engman Street. The City
Engineer explained the basis for the cost reduction: elimination of oharges for
sanitary sewer renewal. Previous assessments were issued pursuant to Resolution
"73-111, passed on August 27, 1973, Commissioner Carwiss moved that ReSOlution
"73-111 be repealed in its entirety, that Resolution "73-135 be passed and
adopted and that the appropriate officials bo authorized to execute it. liotion
was ceconded by Commissioner Wachtler and carried unanimously.
, -...- F
ITEM Hll - aids, Demolition of Cle~rwater Yacht Club Buildings.
The Assistant City Manager reviewed the bidding for demclition of the yacht
club buildings and recommended award to the lowest bidder. Ccmmissioner
Wachtler moved upon the recommendation of tho Assistant City Manager that the
contract for demolition of the Clearwater 'iac:ht Club buildings be awarded to
Edifice Wrecks of Clearwater, in the amount of $5,400.00, which is the lowest
and best responsible bid, and that the appropriato officials of the City be
authorized to execute said contract which shall be in accordance with the plans,
specifications and bid.
Clearwater Marina/Recreational Facility.
The 11ayor proposed appointment of Prindle and Pa trick, architects, for
,construction of the Clearwater t'larina/Recreational Facility at the form'er>
Clearwater Yacht Club site. Commissioner Wachtler moved to approve the Hayor's,
recommendation. Motion was seconded by Commissioner Carwiso and carried
unanimOUSly.
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CITY COMMISSION Hi:E'rrUG
Ootober 1, 1973
IT~~ #12 - Bids, Construction of Polioa Station Expansion.
Tha Assistant City !-Ianagor summarizod the llidding for polioe station
expansion and reoommended award to the low biddor, stating that the contract
cost in QXOOBB of the architect's estimato could'be oovored from the G.O.U.
fund account. Commissioner Wachtler moved upon the recommendation of tho
Assistant City Managor that tho oontract for Polico Station Expansion bo
.. awarded to Peter H~ Iirown, Inc., Clearwater, for the sum of $533,700.00 which
is the lowest and boat rosponsiule bid and that the app~opriate officials of
tho City be authori~ed to oxecute said contract which shall be in accordance
with tho plans, specifications and bid. liotion was seconded by COllunissioner
Carwise and carried unanimoUSly.
ITD1 H1J - Paving, Curbs, DrainagQ~ Sanitary Sewer Replacement - LaSalle
Street, Ponnsylv~nia to S.C.L.R.R.
The Assistant City :-tanager surnmar!zod the bidding for LaSalle Stroet
improvements and reported the City Engineer recOlume.ndation for an assessment
of $9.00 per front ft. in lieu of tho uniform assessment of $12.00 because the
proposad paving is only 24 ft. in width. Commissioner Carwisc moved that
the assossment rate of $Y.OO per front foot be approved as recommended and that
the contract for LaSalle Street improvements be awarded to Hid County Construction,
Inc., Safety Harbor. in the amount of $29,306.60, Which is the lowest,and best
responsible bid and that the appropriate officials of the City be authorized to
executa said contract Which shall be in accordance with the plans, specifications
and bid. tiotion was seconded by Conunissioner Wachtler and carried unanimOUSly.
ITEM U14 - Bids, Sanitary Sewers - Lots 10 to 16, Block 10, Milton Park
Subdivision.
The Assistant City l1anager reviewod the bidding for ail ton Park Sulldivision
sanitary sewers and recommended award to the lo\.est bidder despite the in-
advertent omission of contractor's signature on the bid submitted. Commissioner
Carwise moved upon the recommendation of the Assistant City Nanager that the
contract for Hilton Park Subdivision sanitary sewer construction be awarded to
Northwest Public Utilities, Pinellas Park, in the amount of $5,23U.00 which is
the lowest and best responsible bid and that the appropriate officials of the
City be authorized to eXQcute said contract which shall be in accordance with
the plans, specifications and bid.
ITEM #15 - Bids, Refuse Trucks.
'rhe Assistant City i'lanager reviewed the bidding for two refuse trucks and
reported staff recommendations for award to the second lowest bidder llecause
of the low bidder's inability to meet the essential delivery requirement.
Commissioner ~'Jachtlel' moved upon the recommendation of the Assistant City
Manager that, the contract for rofuse trucks be awarded to Sanco Corporation,
Winston-Salem, North CarOlina, in the amount of $50,468.00 which is the uest
responsible bid and that the appropriate officials of the City bo authorized
to execute said contract which shall be in accordance with the plans, specifi-
ca tions and bid.
Commissioner ~.,ri1liams left the meeting at this time .,
ITEr1 /116 - Other Eng'ineering Hatters.
Clearwater Yacht Club Demolition.
The City Engineer reported the need to shut off electricity and water supplies
by October 3rd in order to begin demOlition of the Clearwater Yacht Club and
noted ,that boat owners using the yacht club boat slips had lleen informed oftthe
terminal date for occupancy, October 22nd. Following discussion, the City Engineer
was authorized by consent to inform the boat owners that the Clearwater Yacht Club
utility services would be cut off as of October 3rd.
,
ITEM #17 - Verbal Reports and Other ;'la tters Pending.
No other matters presented.
ITEM #18 - Authorizing Execution of Easement for Utility Installation,
Bank of q,earwater. Gould & Ewing~lst & 2nd Between Blks 8, 18, 19.
Commissioner. Carwise moved upon the recommendation of the City Attorney that
, an easement be granted to the Bank of ClearwatEr for installation of utilities and
, that the appropriate officials be authorized to executefiitMotion was seconded by
, ,Commissioner Hall and carried unanimOUSly. '
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-10-
CITY COMMISSION MBETING
Ootober, 1, 1973
ITB~l Hl9 - Acceptanco of Doods, Easoments and Hostrictions.
Restrictions exocutod by Charles 11. Ucoth, \Ir., at al." on part of N 1/2-
Lots 7 and a, Pinollas Groves' in SW 1/4, Section 1-2~-15.
'l'hirty ft. Drainage and Utilities Easolnont executed by Charles M. Booth, Jr.,
ot al., on part of Nl/2 Lots 7 and a, Pinollas Grovos in Sri 1/4, Section
1-29-15.
Ten ft. Drainage and Utilities Baselnont oXQcuted by Charles 11. l3ooth, Jr.,.et
al., on part of N 1/2 Lots 7 and 8, Pinellas GrOVOB in S\'i 1/4, Section 1-2!l-lS.
Warranty Dead executed by Charles H. Gooth, Jr., at al., for right-of-~ay, on
part of N 1/2 Lots 7 and B, pinol1as Grovo in SW 1/4, Section 1-29-15.
Res'trictions executed by Harbort C. Schwavtz, at al.. on 51/2 of SE 114, of SE"l/4,
Sac tion 19-29-16.
Drainage and Utilities Easement oxecuted by lIorbert C. Schwdvtz, et al., on'
S 1/2 of SE 1/4 of SE 1/4, Section 19-29-16.
Conunissionor Hall Inoved that the doeds, easements and restrictions, as out-
lined by the City Attornoy, be accepted, and that tho City Clerk be directed to
record the sarno in th& Public Records of Pinellas County, Florida. Motion was
seconded by Commissione~ Carwise and carried unanimously.
.
ITEM #20 - Lot Mowinc Resolution. ·
The city Attorney presented Lot 11oloting' Resolution 1#73-134 and recommended
appropvia. te public hearing. Commissioner Hall moved that Resolution 1173-134 l.le
passed and adopted and that the appropriate officials bo authorized to execute
it. Motion was seconded by Co~nissioner Carwise and carried unanimously. '
Parking. Mandalay Apavtment Complex, Clearwater Beach.
H~. \ George W. "Duke" Schultz, President of :1arY/llont-Woodmere Heights"
Association, commented on ~ocent no-parking regulations around the 11andalay
Shores Apar~nents and presented his recommendations for reVOking these re- ,
strictions and for correcting beach access and publio use problems. At the
request of Commissioner earwise, and by consent, the moeting of October 15th
at 1:30 p.m. was set for public hearing on parking restrictions around
Mandalay Shores Apartments at Clearwater Beach.
There being no further business the meeting adjourned at 9;20 p.m.
Attest:
\,
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1. Lot :'Iowinn Resolu'tion 1'73-127
,2. Requosts for Vacations:'
a. ,l::aBemQnt~Lot 332, l1orningYido Est., Unit 3B
b. E Part of Eugenia adj. to Lots 6-10 incl.;
and Easoment alonr, H sido of Lots 6,7 & 8, "
along E Sido of Lot B, along S Sido of Lota
8. 9 & 10. Geornas Sulxl. ' , '
c. Lasterly & Southerly S' Eaa~nent adj. to &
Parallol to Utility Casement Roar of 'Lots'
24-31 incl., 'Dcl 01"0 Grovou, 1st Addn. '
3. Zoning Amondments
a. Contd .-H Side of Nursery, ..00 I I:: of Stowart
from IHt12 & RlUG to, H.PD(Uowler & Koob)
b. 1311 Kingshinhway frolR R..1S4A to RH12 (DiPaol'o)
c. Lots 194-208 incl., Mornincsido Eot., Unit 1 '
from P & Rl'I54A to P8 (Trinity Bapt. Church)
d. Lots 13 & 14, al E, PinoLrook Subd., Unit 2
from RSSO to CG (GomeD)
e.UE Corner 8 U(llchor & Drew'from RS50 to
PS (;'Iartin)
f. H Side of Palm Uluff bat. il Osceola &. Clca:r-
watcI' Harbor from Rr.154 to RPD (Bleakley)
and S. Side of Palm Bluff bat. N Osoeola &
Clearwator Harbor from Ri'154 &. RS50 to RPD
(Walker, et all ,
4. Roquests for Annexation and Determination &. Esta-
blishment of Zoning & Fi~e District Classification:
a. Contd. -E of Hc;'lullen~Booth, Ii of Kapok Tree
Inn. Del Oro Est., Del 01"0 Groves, DelOro Groves.'
.lst Addn. & Dol 01"0 Bgts., RCPD. RPD. CG '
(Kapok Tree Inn)
b. Contu. -Lots J,I.L,.'l,N, ROlling Hgts.'Subd..
CG (Hecker)
c. Lots E,F,G,ll,I, Rolling Hgts.,Subd., C~
(Branuner, at al)
d. S of Sunset Point bet. Kingshighway G pine-
land. RPDB (Itaye) (HITlIORA\~IO '
81: Cornel" II Belcher G Dret-'. CG (Hunt)
lIE Corner of S. Belcher & Druid, PS (l1artin)
'Lots 23,25, 131 A, Clearc.1un SUbd., RS60
(VanNess. Rice)
h. po.t'tions of Lots 12 & 13 and Lots 16,20,& 21,
Ul a, Cleardun Subd., RS6U 'ASher, et al)
i. Lots 13 & 15, Kniuht's Acres Subd., R860
(Krieger & Menso)
j. Lots lG & 21, Bl 0, Eastwood Terr., 2nd
Addn.. RS60 (Herzog)
Reports from City l1anager
5. Report - Building Moratorium
6. Report - nike Trails
7. Report - Street & Traffic Improvements'
(TOPICS & Non-TOPICS)
8. Report - Paving, Curbs & Drainage, Evergreen
from Druid 800' H
9. Report - Architects currently employed by City
10. Review - Assessment for Roosevelt. LaSalle to
Carlton and Engman. Greenwood to SCL RR
Bids, Demolition-Clearwater Yaoht Club
aids, Police Station Expansion Construction
BidS, Paving, Curbs, Drainage. Sanitary Sewer
Replacement - LaSalle, 'Penn. to SCL RR
14. Bi~s. Sanitary Sewers - Lots 10-lB, al 10,
1111 ton Park Suild. .
15. Bids. ,Refuse Truoks
16. Other r:ngineering .1atters
17. Vcrbal reports and Other Pending aatters
Reports from City Attorney
18. Authorizing EXEcution of Easement to Bank of
Clearwater for Utility Installation
19. Acoeptance of Doods. Easements G Restrictions
20. Lot Howing Resolution
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crry CiJ;1;USSrOH l'IEE'l'IUG
Ootobor 1, 1~7 3 '
Publio lIoarinns
AGt:HDA
~CITY, CmHIISSION Jtr:l.:TLHG
OCTOljCR 1. l5I73
1 : 3 0 P. i1 .
,Invocation,
IntQoduc tions ,
i'iinutcs of Precoding :-laatings
Publio Uaarinna
Reports from City,Managar
Reports from City A~torney
Citizona to bo Heal'd
Other Commission Action
"
Adjournment
Meeting Pension Plan Trustees
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