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02/01/1977 ~ll'~~;'~c~'r""t-cr~~~~~:~:'~'1~~~It-C1tPM"".';'~~"1 ,'. . .. , I ~.. f.' I I~"'_' ,i,} ~... , MINUTES THE PLANNING & ZONING BOARD City of Clearwater, Florida February 1, 1977 - 1:35 PM Members present: Chai~an Morris, Mrs. Crampton, Mrs. Parks, Messrs. Kruze, Kuntz, Tice and Turner; Bill Shepard and Alice Bush, Engineering Dept.; W. D. Renando, Acting Planning Director; and Jack I. Wolle, Chief Planner/Current Planning ~l~o present: Thomas A. Buatin, City Attorney Absent: Messrs. Groth and Hall Public hearing was held at 1:35 PM re cpplication for annexation and zoning followed by public hearing for the purpose of considering items to be included in an Ordinance amending the City Zoning Laws, Appendix A, Clearwater City Code. Tapes of public hearings are on file in the Planning Dept. On motion by Mrs. Parka, seconded by Mr. Kuntz, minutes of January 18, 1977 were approved as written. Planning and Zoning Board recommended as follows. Annexation & ZoninR. (Cont I d. from Jams ry 18. 1977): That part of Tract A, Resub. of 50 ft. Sand W 100 ft. from the NE continue W 327.54 ft., S 150 ft.) Request: CG. General Business Central Park, described as follows: corner of NW~ of NE~, Sec. E 330.92 ft., N 150 ft. to P.O,B. (Metco Dev. Corp.) Degin 13-29-l5j City Commisoion had continued above item from February 3, 1977 to obtain further in- formation on the south:.portion of Tract A. Albert L. Rogero, Jr., representing Metoo, read a portion of Florida Law, Chapter 171, Municipal Annexation or Contraction, speci- fically 171.0413 (3). I1The owner of property(being annexed by an Ordinance enacted sub- sequent to 3uly 1, 1975) may waive the requirements of this section if such owner does not desire all of his tract or parcel included in said anner-acion." He further stated that due to mortgage lease provision, the south portion could not be annexed at this time and, if and when annexed, comm&rcia1 usage would be sought for this portion. Intent for the north portion is a group of several stores. Mr. Renando read into the record a letter dated January 25, 1977 from Mr. Rogero. wherein he stated that the mortgagee on the south one-half of the property would violently oppose any reduction in zoning and would insist upon release clauses weighted on the north one- half of property which would make development of the north one-half financially un- feasible. Staff stated that there is no reason to deviate from the policy re annexation snd monetary questions and funding should not preclude annexation. Mrs. Parks commented that the letter clearly states: that Metco is not interested if they don't have the entire package zoned Commercial and that they refuse to consider any downzoning. Discussion ensued. Motion was made by Mrs. Parks, seconded by Mr. Kuntz, to recommend denial of the above request. Motion carried unanimously. North portion of Tract A only is in accordance with the City and County Land Use Plans. Rezonin~ (Cont'd.from Januarv 18, 1977): Begin 355.15 ft. westerly 106 ft., Request: From: To: N Bnd 203 ft. W of center of Sec. 5-29-16, thence W 456.72 ft.) S 200 ft" E 512.57 ft. to P,O.B. RS~75 (Single Family) !SP (Institutional Semi-public) N 110 ft., north- (General Telephone) " ~t, .~ .~ ,~. 'I/. .....~. .. .. ._ . .1.1 , .~rrV~"""':'~" +.-:,~.::..._.~....'..'.~. _......, :....," T' ~,'" >,., , '" _' ":~-u:~~ .~..':a"~~... ~~~~?~~~,.~~"I!I~..~"t~4~'1~~...,..I!\<~'I':H~."I~_.."".~ Minutes of the Planning & Zoning Board - February 1, 1977 Page 02 Mr. Thomas A. Bustin, City Attorney, was present and cited Ordinance No. 1638, SllC. 35.07, page 3, wherein it sets out the bash for recommendation that the Planning and Zoning Board would take into consideration; i. e., limited to wh~t the applicant has submitted. He addressed these items and stated that they could be used as a guideline. Mr. Robert A. Kersteen, Real Estate Coordinator for General Telephone Company, stated thst he had notified owners on Soule Rd. and south side of Robinwood and that they statedJno objection to proposed switching station building. To review, General Telephone desires zoning changed to ISP to make property eligible for said station usage as a special exception contingent UpOll the approval by the Board of Adjustment and Appeal. (City Commission continued this item from February 3, 1977.) The west one acre is environmentally sensitive wetland and both the Board members and Michael W. Kenton, Enviro~ntal Planner, expressed their concern for the marshland area. Mr. Kersteen stated that they would give 75 feet on the west as a drainage eAsement and 'that thore would be a buffer on the north and east boundaries. Concern was ex- predsed that once the building was erected, the remainder of the property could be sold. Therefore, tqe marshland would be rezoned to high intensity usage. Mr. Tice inquired if there was a way to split the zoning in this instance. Discussion ensued. MOtion was made by Mr. Tice, seconded by Mrs. Parka, to deny the request for ISP, Institutional Scmi-publict end, in lieu thereof, recommend ISP for the eastern portion (1.2 acres) and ALJ Aquatic Land, for the western portion (1.0 acres). Motion carried unanimously. Mr. Kersteen is in agreement with the revised and more restrictive request and recommendation. RezoninR;: 1. Lots 8 to Request: 11 incl., Block F, Fairburn Addn. (Everybody's Tabernacle-City) From: RM-12 (Duplex-Apt.) To: RM-B (Single Famil) Duplex-Apt.) 2. Lots 1 and 4 to Request: From: To: 7 incl., Block P, Fairburn Addu. (Everybody's Tabernacle-City) RM-28 (High Density Multi-family) RM-8 (Single Family Duplex-Apt.) Mr. Renando gave the background of above requests and stated that it is now being brought before the Board in larger portions than originally. Everybody's Tabernacle would like to have these areas zoned Duplex so that they might sell them due to a change in expansion plans. (Original plan was for a church school.) In light of the zoning to actual use (lots are in a neighborhood developing 8S Single Family or Duplex), RM-8 zoning was suggested. Motion wns made by Mrs. Pnrks, seconded by Mr. Tice, to recommend approval of (1) above. Motion carried unanimously. Motion was made by Mrs. Parks, seconded by Mr. Tice, to recommend approval of (2) above. MOtion carried un&nimously. Environmental Management Program and Conservation Plan was discussed. Motion was mdde by Mrs. Parks, seconded py Mrs. Crampton, that the Planning and Zoning Board support the Environmental Management Plan and report it to the Pinellas Planning Council this Thursday. Motion carried unanimously. Report of City Commission action of January 20, 1977 followB. 1. Request for Rezoning - S 300.766 ft. of Lot 9, Block B, Unit No.5 Replat, Mandalay Sub. (MBT Corp.) - Denied CG, General Business .) , (', . ,', . '~,~: '.'.J ;.,,: .. ( -;: '... \: .' "~ " , Minutes Page 13 r ' of the Planning & Zoning Board - February 1, 1977 I .1 . , " . , . " Report. of ,City ColllJlission action (Cant' d.) : 2~ Request ,for Annexation - S% of S% of SE\ of SE\ of Sec. 20N28N16.. (Chief Charley's) ',N Accepted for referral to proper Boards. iMcetingl:aCljournedJ a'tllla:OSltPM~rl" ,7,oning fw!i' ''I'~~1l n'll,::,I..tl~rt ;"llC t('rl'rn~d. t.o lh~~ CIty' ,Cum:nlf;!l ion fo r Fell nlary I;, I Co ',' " . He l)l!lO '$ tn I ..d ;,It.! t tlw rr- b;].~ hl~U1',~ n'(p!Nl r lH. t~' UH~ t;..~ni! I' r l~'I' 'It!, n1, \::. i.n '1 bun to Lall:.l c i l { z~ lln n n1;\ntl ll)' vi ': f t. '-'1l' , ()'1" i ]'()nmmltull y ~~f.1.;1~1 i. t ~ V(~ ..J r".r\~l ~ ~'\'Ll.it1g .I'd i01lt';;,:t{ ,It. J : IJ:; i':'. ') " " . -'+ I, , I tJ),/J . ~4 adr W. D. Renando, Secretary A~ting Planning Director " >, " :'.1,:0. ~'.J.../_. .. ,"._.~.'~. '...::',': '. . . .... ~ . . I \I ,.. T" . ~.~ T" c. .. . " : ~ ~ ,l '~ '~.." .. ".-' . , ' . ' 'J ~J.:i~,~~~..4~,1<'!;n~\I'1B'r~m~,,~"~~\4'I-"""'::'M:"-:~~'~' 'I. .... , " , ~~. ' ~ @ ~, " AGENDA PLANNING lie ZONING BOARD February it 1977 !m! ACTION 1. Property located on SE corner of Drew St. lie Mercury Ave. (Meteo Dev. Corp.) Request! CG, General Business . I I I I I I , I I " I I I I I I A Approval of minutes of January l8t, 1977 B .. Annexation & ZoninR (Cont I d. from 1/18/77): Rezoning (Cont1d. from 1/18/71): 1. Property located on N side of SR saa about 400 ft. W of Soule Rd. (General Telephone) Re1uest: From: RS-75 (Single Family) To: ISP (Institutional Semi-public) Rezoning: " 1. Property located on W side of N. Betty Lane between LaSalle lie Cedar Ste. (Everybody's Tabernacle Re1uest~ From: RM-12 (Duplex-Apt.) To: RM-B (Single Family) 2. Property located on E side of Fairburn Ave. between LaSalle lie Cedar Sts. (Everybody's TabernaCle) Re1uest: From' RM-28 (High Density Multi-family) To: RM-8 (Single Family Duplex-Apt.) C - Chairman's Items: 1. R~port of City Commission action of January 20t 1977 a. Request for Rezoning.. S 300.766 ft. of Lot 9, Block B, Unit No. 5 Replatt Mandalay Sub. to CG (MBT Corp.) -- Deniud b. Re1uest for Annexation .. S~ of S~ of SE\ of SE\ of Sec. 20-28-16 (Chief Charley's, Inc.) Accepted for referral to proper Boards D .. Director's Items E Board & Staff Comments c "'4 . "".., ~