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08/16/1977 'w_'t~~cA~,,:-. . ,'._ ',;: ,., '. ' , " " ' .i!"~~~.... u~~~~) ~~.~~ot':''If*It........,~~c. . , '. ."1 ."':.... .-*' .' , ,... . , ~, MINUTES THE PLANNING & ZONING BOARD City of Clearwater, Florida August 16, 1977 - 1:30PM Mt!mhers present: Chairman Morris, Mrs. Parks, Meesrs. Groth, Hall, Kruse and Tice; Bill Shepard, Engineering Dept.; W. D. Renando, Planning Director Also present: Michael W. Kenton, Acting Chief Planner/Current Absent: Mrs. Crampton (excused); Messrs. Kuntz :' (excuRed)\ and Turner (excused) Public hearing was held at 1:30 PM for the purpose of considering items to be in- cluded in an Ordinance amending ctle City Zoning Laws, Appendix A, Clearwater City Code. Tapes of public hearings are on file in the Planning Department. On motion'by Mr. Tice, seconded by Mr. Groth, minutes of August 2, 1977 were approved as written. Planning and Zoning Board recommended as follows: Rezoninp;: 1. that portion of vacated Lady Mary Drive from the N line of Franklin St. to S line of Pierce St. (~innesota-Ohio Oil Corp.) Request: From: RM-l2 (Dupl~x-Apt.) To: RM-28 (High Density Multi-family) Attorney C. Allen Kynes, Jr., representing the applicant, recapped briefly the history of Lady Mary Drive. He stated that it was vacated by resolution on April 19, 1971 and that RM-l2 zoning goes back a long way. His client, or subsidiary, has owned said property since the time of vacation (at least since 1971 when it was owned by Park Square). Mr. Kynes pointed out the fact that a portion of the property is subject to existing easement to the Ci~J and, therefore) unavailable fOl development. (There is a GO-ft. drainage easement which follows the center line of Stevenson1s Creek and much of this property lies within Stevenson's Creek Flood Plain.) ~~. Robert Chirley spoke in objection to the proposed re2oning; i. e.) water problem and that being a low area. Bill Shepard stated that the City of Clearwater requires any new development to retain or detain any water on the site. Until this is com- plied with) no Certificate of Occupancy will be issued. Motion was made by Mr. Ticc, seconded by Mr. Groth, Co recommend approval of above with the consideration that, at some time in the future, the City of Clearwater look at the property to the north along that vacated drive to see that it be rezoned as well. Motion carried unani- mously. l /".'~ Or . ......... . .....-.. . .' '''''''1' ~ . >'. . . . ,~~ i&~'t'.:\.Y,::~{;'f't!.':'tlf,I~'tr;i:~,rl'l~r~>~"''\':I:''~r~Jn~-~~I'"I--'''''' ,~~ ,_:~- ';:' ~ .' ......= . , I ~ . ' . ...~l. C- i, I Minutes of the Planning & Zoning Board - August 16, 1977 Page {}2 Item to be Included in an Ordinance Amending the City Zoning Laws, Appendix A. Clearwater City Code' 1. Delete in its entirety Section 34.01, Community Impact Statements, of Article XXXIV, Development Requirements and Procedures, and substitute a new Section 34.01 to clarify procedures. restructure for more natural progression of elements, and add pertinent material. Planning Director introduced Michael W. ~enton, Acting Chief Planner/Current Planning, who explained that this document represented approximately six months of active re- finement although the process has been going on about two years (amending this port of the Code}. The original CIS was adopted on August 26, 1974. Inasmuch as it was believed that this was the first impact assessment of its type at a local level in tho nation, we had no models to follow. Mr. Kenton stated that, at this point in time, we need to make improvements in four major areas: (1) applicability; (2) reoponsibility; (3) content; and (4) procedures. He then explained the various changes in these areas. Mr. Hall expressed concern re requirements under the section on applicability; i. c., dollsr figure, and requested Mr. Kenton to suggest that we mnke it fairer in its application and explore some of the other alternatives. For example, $500,000 2! 5 acres; consider whether we should use acreage, unit. dollar or some other type to measure it by. Also, why not take the advantages and state that one or more of these conditions has to exist. i. e., $5,000 + acreage figure, Mr. Kenton stated he would make note and talk to the City Attorney re this. Mr. Hall was also concerned re compliance violation enforcement phases. He stated that it was his feeling that unless problems wore rectifiedt the City should refuse to supply municipal services. Mr. Konton will also make note of this to the City Attorney. He also stated that this procedure is currently followed and cited the Tree Ordinance as an example (before going to Court). Mr. Groth also noted that there were no penalties for non-complianc~. Mr. Kenton stated that, insofar aa penalty procedures, this falls under the gonoral ~odu. Makeup of the ROC Committee was also discussed. Motion was made by Mr. Tico, ~ocondod by Mr. Hall, to recommend deletion in its entirety Section 34.01. Corrmunlty Impact Statementst of Article XXXIV, Development Requirements and Proceduros. and substitute a new Section 34.01 to clarify pro- cedures, restructure for more natural progression of elements, and add pertinent material. Motion carried unanimously. Report of City Commission action of August 4, 1977 follows. 1. Pre1iwinary Site Plan - Imperial Cove Condo XI and XII Approved with oonditions (U. S. Home of Florida) 2. Preliminary Plat Review - Clubhouse Estates, Vnit 5 and Tracts 5 & 6 ,1," (U. S. Home 0 f Florida tIne. ) Approved with terms and conditions in agenda letter 3. Requests for Annexation: a. Lot 1, Block B, Highland Pines Sub.t 2nd Addn. (Letham) Above referred to proper Boards for action. ~~,. -',- . ~.~1 :~~~l.t,~.~ ~ ' " I.; \ l.c ." k ~ . \. I .' . I ,; ..." . ' . ".$ " , .', \ the Planning & Zoning Board - August 16, 1977 .. I i Minutes of Page ?~ .. Mr4 Jack Weigle of U. S. Home of Florida, Inc. presented the preliminary plat, Countryside Tracts 8 and 9. He gav~ a ,brief description of the location of the tracts for the Board. Planning Director stated the traffic (road) pattern 'ha~ the approval of the Traffic Engineer. Some concern was expressed by Board members re building near the powor line, and should we permit subdivisions to be, within X number of feet of a power Une. A buffer or hedge was suggested. Mr. Hall suggested that perhaps we could come up with a reasonable standard. Discussion ensued re noise standards. Mr. Weigle st,ted that it is the prectice of U. S. Home to erect a fence. Motion was made by Mr. Groth, soconded by Mra. Parks, to recommend approval of the preliminary plat, Countryside Tracts 0 and 9. ~~otion carried unanimously. Mee~ing adjourned at 2:55rPM. " tat/.~ W. D. Renando, Secretary Planning Director "