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01/10/1961?3t?.tid' .1+31t;?:?.I'?i;t? A,iJ1.11NO Alfl7 PLANN'INO `i0'j;tt?} ?,ND :3 : 0,0 Y NOTZ5 O MEENNG : Present: Mayor Robert L. Weatherly Commissioners: Cleveland Insco, Jr„ He.rbe:rt 12. F ia,, Ids Kenneth VFv Walters City At;t orney Harbert 14. Brown Asst. City Attorney Guy Kennedy, Jr„ I?ir. Arthur 14. Kruse, Chairman Zoning and Planning Board Planning & Zoning Board Members: Reade, Cassady, Gages, Gall away, Harries, Kennedy, Myl.ander, Novotny and Swan. Mr. Jack Y. Woll.e,, City Platuier Press The purpose of the ;work session was the discussion of the Zoning and Planning Boardl s pr-uposal for zoning leg slati.on for presentation tfo t'he Pinellas County legislative delegation. Mayor Weatherly pre- sided. Prior to the meeting t;he following material was furnished t'he `: ` Commission. through the City Manager t s off i6e: Copies final. paragraph Section 79, ?`=3ea.iwater City Charter. Copies Florida Statutes, Chapter ].j6, passed ,1939. Copies "Zoning for Land Uses" Eicerpts from Land Use and Zoning Report; prepared by Harland, Bar?t:holomew and Associates, City Planning Consul Cants. Copies ''Out;l.i.ne of a Proposed Planning, Law for Clearwater, Fl.a.', Copies of Zoning aid Planning Board's if4emorand um dated peg . 29 1960, to the Cit-,y ig&nager (::opy City Attorney) submitting record of the Z & P board's racommendat ion r ` At the meeting copies (dated 4/9158) were di.stri buted of a "Summary of. study on pr?oc©dure required to amend q zoning cr?dinance" ( source: ?. ''Comparative D:ige.st of Municipal and County goning 1 nabling Statutes'' published by: HHFA Diva. i.on of Law) Mayor Weatherly thanked the Board f'or attaendance at the meeting and stated ''purpose of this meeting is to r.?eorient, the new faeo.i on our• Commis si.bn"u In hi.s opening statement, vIr, :',ruse inc:l.?udod: "result of the referendum rat'.her ?t-,ragic., '?'hin1: i.t-, is hi gh i:ime s*me action taken by Commission t o revise 4he Boning regul.a?- Lions in this city in :come manner, That. i.s wh6t, we rare prey:: ,, seating as our reeomnendat.ion 't.oday . Nat ?r;e? tj?i.r..l?? should lie done. 1 might mert ion ha.fr we havo our ccm..-plate Board here t•,od.ay . ?t Mr. Kruse turned the presontaAt:.i.o1? mr..r t;c? 14x? ??cak l e„ r 4 l?. f Joint ,.:r.11 [i(A LatI S. S. •?y? SrC1oS1i:1 :. i +.i .''+i? 1.`.t.t???_4.l?tJ,t. }li«?'irr tSr: Ar. {,col l.e mado referonce to t ho summary (dated 4/9/58) of :study on procedure requi.rod to amend a %uni,ng ordinance in l;he 48 states. Ife too% pointed out that the power of awondinl; the zoning law:: is given to the legislative body in 1Fe) stat•.c;;x, and that this is probably proof' that this is the best way or popular way to do it. i$r. t;ollo read this surmna.ry aloud. Re c,al nd attention to the fact: that although the typical, section on Changes quoted designated the area of pro- perty o-snier represant.at:ion ao 2,00 ft. ? this conuionly varied from 100 ft. to 500 ft. of the property, and that the prov:i~si.o7i for favora- ble vote required (3n the event of a pmL•est of 24 0 or more of proper- ty ounors in the affected area) cvrailonl.y varied from a vote of 3/5 to all of the w.etnbers of the legislative body. lie advised that he pro,seiiUy had consulted. W.th Professor Bartley, Professor of Politi- cal So-lance at the University of Florida, and quoted his (i/Lr. Bartl ey's ) opinion that the referendum method of amending, -t1he zoning laws was ridiculous and that he han neirer s_-en airy city in Florida- that does have any suet) system. Ar. 11oll e explained procedure in regard to zoning than ,as under the authority of Fla. Statutes, Chapter 176 (176.05)'476,00) under whith the City Coranissi.on. would wave the power to amend supplement, or change zoning regulations after a public hearing ?held after at least fifteen days no'Uce published in a newspaper). It was pointed ,out that in' the event of a .Protest against a change sisigned by. the owners of 201.) or more of the lots included in the proposed change or of those immediately adjacent thereto or directly opposite there-to,. extending five hundred feet (as defined in 176.06) the favorable, vote of three-fourths of the t oavaissi,on would be required to effect this change oven protest. He further explained that the above pro- cedure might require that the Commission devote 1 meeting a month to the. hearing of zoning changes, or possibly a meeting every two or three months, depending on the number of requests received. He stated: Betide have all. felt the inadequacy of the present, system of referendum.,' Com.lnsco : "I am primarily in agreement grin what you are present- ing so far. flovmver, in analyzing our situation here. and during the time I was on the zoning board, my oi,xx • feeling, and analyzing what took place last time",_,. . He mentioned one farmer case of' a zoning c hange which failed in one referendum because the public was not in- formed about it aced later passed in anothor referendum because the public was iNformed. lie expressed the feel-, i.ng that this Comnli.sa i.on, or the ComrAos i on at that tire di Li not devote camp e time, t:o the Zoning Board, or was not given sufficient time for c;onsi.doration of zoning change re que s tls. "Aus t be ;some s;x.t eg lard s in a package deal ". tie stated t:h,it: if -he pc:r?pia ,•n??•e well enout';ii informed as to vhat the changes wex e, '? f Cho- Conaissior -- ers put, in the Mf.'orerichim what is test for the cit-y, he di,dnY t think the present cyst oaf c,:as, ptt:fall. 'Just giving you basic bacr; ,rourid of m feeling on it. . I cart see pitfallc :in thi.:. ot;h r' at'r;atl ,c'i5lc:ni; toC, .?! > •or 1J.: III do not favor any. ai,.tuation whereby this town into districts in zoning r If 141'. Wal.le: In change of zoning rasa people within, say, 400 ft:, would ,tie notified of the FI.L?p.1.ica'C-ior , ,,ON M1,1''or lam : "Wint we had In mind v f,:io to tio this dovir, Oosor to , the people involved" u ....:. „ (nom. Ins o: "Have the ot,hor areas in which thi.:; other -type of zoning change is In effect, - have they Bane into the pitfall. of trspot" Zoning,7" ??a car w.: 1 ,r' 'have i;. a. s? .egutrd due to the provision than if 2?);,) .,,. ,( + of the people ob je nt , a t c a ? • . . . • r • . . • S? "Wonder wai3ld it be better to contact the people in- volved by direct: mail rather than running a legal no-. Lice in the paper'?" 14r, Wolle: Stated that at Uhe time of his association 4th the City of Louisville and Jefferson County, they did not send out notices on regular zoning changes, Gave notice to the people by a placard In Lakeland used postal cards. His suggestion was to put in the lav7 provision xor newspaper notice, t• he is establish policy of direct mail if necessary ti i-ia oy r "In the last referendum there were some mighty good changes that were turned duwa by the people because they did not take trouble to read the notices or because of some one ' thing" (mentioned JC property) , Mayor W.: "I would like to work rm«ah closer tTith this board than in the past. This Board is very important to the future planning of this cit=y. If it takes a meeting once a month I vr1l _ meet ulth you at any time day or night . . .: I re cjue st; that this . Hoard give us some new ideas for this city. I charge this Heard to present some ideas to this Commission t5o help Clearwater grow, prevent bottlenecks ......... I have found out during the past campaign of an instance that some of our raps are not up to par. Are all our ,maps up•-to-date?rr Mr. olle: Informed him that land use cna.p i. ? up-to-date as of January 1, 1.960, and that this infa--oration is in the Planning Office. .•Ir . tii,?lle : In response to question from vir. Dyckiva n, St. Pate Times reporter, he at:,ated that after this particular method. wao repealed, then this Co,il,ii3,iion could act on zoning changes a,, wall as amandmunt:-i Lo the zoning; ordinances based upori decision of %?r public hearing,, . . . L . v . { Q . y o r ?'i'"Take Turner St,. a s i4la `. an Tiu-ner St. ha.va Iots in that area.:', ing parking lobs on an eharnpl.c . Do t he;3e home- ovmer i any protection again: t the parking I have had many complaints regard-- Turner ?:it,'!..,.,.,..u...... l±{ plai.nad provisions in sx:',sti.ng, zoning ordinance ro-- garding parking :Lots Joillt; and C,.t-t:y At:' . J1"( im:: Y asiccad whot;her a chUreh cC}i.lld clf!quiro i[-3. property ad- Jacent and have parking on it i4r. Wolle: - referred to the fact that when the Special l,cta of 1931 were parsed Clearwater at that Ume had a population of approxi.matcaly 7800. Itr: outlined the Hoard f s propo- sal that t ho last paragraph of Sec. 79 of the city Charter be repealed by act of the Sta,to Legislature (subject to referendum approval.) and t 1vit the Planning references as such in Sec. 79 be retained. He explained that after referendum approval the City could then adopt; by ordinance all. or pant of Chapter 176, Florida Statutes passed 3.939, and that most. of the Florida mu- nicipalities operate under the authority of the 'general statutes. Ile pointed out that the Pinellas County Com- mission can change zoning in unincorporated areas with- out, referendum approtral... , ........... , . , . , . n .. , , Mayor. W.: ItHas this Board ever contact od the County Zoning and Planning Board to discuss mutual zoning problems?" Mr. Wol.ls: advised that there tins consultation and exchange of '. information at the :staff level but that the County or- ganizati.onal setup did not include a separate zoning and planning board, and pointed out he feet that the t city board acts. only in an advisory apacity.and the County Co.mnission excerc:ises authority over planning and zoning matters, thus they operate ab two different levels. "There is no continual exchange". . u ......... . fda o r frt.: mentioned the grovrth of C?.earwatQr to. the past and the fact that most of that property is agricultural. Asked if the Pl.ann ing Beard can Coyne up with some study of this area and discuss with the Cowity Zoning hoer it should be zoned. Mr. Vol.le: discussed land use survey in that area now being made by the County ( data from which will be available to the City Planning Office) and advised tlm t he is current- ly working can a study of neighborhoods for the RBA Housing and Public 'i3t;ili.t'ios Aeport (including this County area to the East) which will cover population (1960 census f?.?;w°es) ? ge;?r?raa. land Ltse; nurnber dwell- ing units, character of housing;y schor3l and leark i'aci l.i- ties. Ile stated this .report. %< zuid al.,5o include studies b y Briley Wild of drainage courses airs. ati:'.lt?= service • ! e a reaJ. . .. . . . ... J • 4 .f 14_ ayox° W.: "Would you pa ogle be willing to meet with u:3 once, a month ts:r=verEy U-h+ sn?r??tho so t-,h?:t?r?a ;.an c.,x•k more Closely with you?,r 1dr. KrusG. 11L,re cr.rtainly slant t"u invlt o any atich eontaet as that.." .w/ Related that in former Alayor Brown r :; term of at" f ice triad to effect a combined Board with the County (,Re- gional P1anYiin?y Board) but that the County ?,ta.1 afraid "we would di.ctat,: to t;hern". Ile stated ;hers: was no opposition at all f'ro,n the urban areas. "It is a little. difficult cult problem because the County ha. i?ct ?'1.:1l?iFivil•-y??111:E ir= r .•. - t - ... _ .. - ?'Y .r.i... •. t10Aj)`C; PF_J:,°Vint"; I.?;.kl lid .%t It"' k ; I Y 1 -,)It t??.?+:• Lr'!t r, i. ?r.1. ?!?-7'? rr`.' bound except the C4,{LA3,41011 it,301f .'? Pte roport4d that he had written a letter to Mrs, Stuler congratulating W-in on his election as County Com.n,Uj-,jioner and aug,.;e ct;_ i.ng closer contact on 1 a!):i ng probl.ema, but that he had not as yet; teceived a reply. "Unleas we du got bo- get h er, I rim afraid we. aro going to have difficulties in they inure.,, Com. In 3-C ; `.Ar. Mayor, we have so many boards in this city." He recommended calling in some of the other boards and getting Borne report, from them. Ir. Wollo: Itwe would proceed to work with you in any gray such that we may shape up this legislation." "One kind of legislation would help us---:if ,;rL had extra-territorial powers"........ Atty. Brown,: „ "Seenis to me you 14.11 have to work out some kind of program with them (County) regarding the property that might be in the city service area that the city would hav© special interest in." Cam. Malta rs: ",Ks far an the cooperation of the city and the county , is concerned as it is set up right now, as the area grows the would have to accept ;hatever is existing in the areas annexed." -`' Ar? tlolle,: Cited the fact that the Engineering Dept, in the County _ handles subdivisions as one of the problems, and that another problem is the lack of a planning board in the County. Com. Insco.: 'rHas the Planning board taken into consideration the parks that we have or where in the future areas we might have need for parks?" "Hoer about: fire: station? Ile know we will need another fire station in tho northeast; section. Would it not behoove your Board to make a study?„ Ar. Reade: informed. Corn. lnscc that Uie HBA report on CoimmuiAty Facilities cover; the parks situation very well." Comw' Walters: .'. ,. .. "In order to male thi.3 si:,icesafal, t;rta?•e almost, has to be cooperation betty Nn ti he ci.t-y ?cind the noun' y,'t Coin. Insco: t,liave you plans to pre5entr to the Cionuliission for the extension of .4yx't;3 .e' Avenue across the c:T'E'ck?.' .I T`ElCDfL.'-- mend that this Cotimi .s: i.on be advist?d of t;hr;.r; as soon as Possible." x r. tJolle: referred to 1"iajor Streets i Eeport as to veco,r andations r already presented in this !n,?itter . Aeforrod to expected. coordination a.nd cooperatton vdth Aun(vJin iri regard to use of Douglzs, Ai.l.wauke-$, and Betty L.uie 11 1.1 Ili, li}•.'t l.! , ?.lli' .?1 i,;? axu , .:La'Iu I., ;,1. t' e.i alp i?.s ?? ?.;, '.7, 1 ?.. !.i ..r f?.. '•- E'? ?.: i avorW. spoke of :i;Jmo plall he l Fa': w CA, 1' herr. .1 part o1 a subd:i.vinion is dovoted to a recreation o.r park area. 1,1 Wolle ; discussed some provisions of subdivision regulations which in sC}1t?E3 cases provide for 10,Q of the area, or its equivalent jmarke t, price, to be devoted to reicrea'-• Lion or park raroa, At:tY. Brown : "Let Ar. r-ennedy and J understand this. Youx• recommen dation for legislation is to repeal the last paragraph of Sect ion 79 of the City .charter and that of course will have to be done by re3i'arendim'. You wish to sub- stitute the provisions of Chapter 1.76. 1 want: to point out this to the Cojrdfiis:3 ion . That the pr-_ople of the City of Glearwat 6r have grown used to having a voice its zoning changes. Yoh talk to a lot of them that think that when SOMe?t1ling i5 zoned it ought: to stay than way. They are afraid to give too much power- Lo anyone to .change zoning. You are going to have a definite problem there. It can be done. by good- public relations, re-- leases from Ar, ti•iolle's o.f.Ace or they Commission, but think you are going to have that problem. I go along vrrlth whatever the Commission asks me to do. But as your legal represe ntative it is going to be a new re'vo.- lutionaryy thin,; hsre in the City of Clearwater to t,?ke that authority away from the people and give it to the Coimnission. It is going to take some doing." Aa or 14,: stated he doesn't like the ids .a of cint,i.ng the city up into diatricts. Ar. t?ruse: "The State through Chapter. 176 has developed means tti iere;by any municipality can handle its zoning proper- ly. It is applicable to any municipality. I agree that whea you have gone. along wLth a method a number, of years you are apt to run into problems with , some peo- ple. 1: -te whole situation has become unweildy. Think we have to change this one referendum a year and package, deal. " l re r, "'phis procedure ties zr, doim much closer to the J.rdi-- .? viduals invoI red, and "' like that. very much w" % • d . . M 4 . . i a?ror y1.: ''would I- ke to tie it clown where-b- the Cor mi ,,sion would hays Do be governed by piabllc ihear°ing whether the chang should be g• rivt te:d ," The Mayor- personally thanke-U the Beard mombers for their at'.teridance and :asked if anyone 'rase had anything ol:;e: to say.. w A r. Calloway: 17:-If tljle G? at:i n?? 17 "?,:i;i t;h?-? !tit' %,r cISki r, your st;pUort; d.n getting the legislature. to r%g)eal this one part of the city- charuor. '1`i}on -e-lien that, is x•epaalad t•,r, would Without fu.r'ttler legislat.io;t he pwsrmit:t.e?d to und.r tN•. e =acL o IT if not, .?t: `i y . ...... jue are c; gifnirk to ;;2a:?a e zorzinp 1. Joint mft oting Z&P 3d. and, Oit y C omfi .l,wi i.on 1-1.0-61 ..,., 17<ivlo ff'1 F: Coax es with brio . 11 ' 110 gave his opinion thjir, Oe Majority of the peoplo voting in the zoning roforendum ' wero not familiar with all the stems and were just y ` voting "Yea,' or "No" because ot the endorsements of sortie newspaper or, some club. lie believed the free- holders could be sold on tho change because it was a progressive measure r. , {{ It was brought out during the meeting that the Pinellas County legis- lative- would meet at the Uity liall in Clearwator on Thurs- day.-night, January 19, for hearinB of proposed legislative bills. ; .: The Board was' excused from the meeting at approximately 4:30 P. A. ?S. rl , ?J^ ? f 5 t ?d