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11/28/1967 ~\ .0;. . ~_I THE PLANNING Mro ZO!HNG BOARD v/ Minutes of the MeetinR, Tuesday, November 28, 1951. ~e I(~et:i ng was called to order at 3: 00 P. M. by the Chairman, M~. Kruse. Present were Members Hylander, Reade, Butler Harries Morris and Galloway, Mr. Rettig of the Engineering Department, and Mr. Holle. The minutes of the meeting of November 14, 1967, were approved as submitted in written SUMmation to each member. IMPERIAL PARK AREA ZONING CONFIRMATION The Planner presented request from the City Attorney that the Board review its zoning originally recom~ended f~r the area proposed I f to be platted as Imperial Park SUbdivision, and adjoining metes and bounds parcels, as included in Annexation Ordinance No. 964 passed April, 1, 1963. He informed the Board of information received in memorandum dated tJov. 22, 1967, regarding Notice of Public Hearing (Im.pet'ial La'nd Corporation property) before the City Commission at 1:30 P. M. on December 11, 1967, for the purpose of co~sidering re-' quest for determination, establishment and/or reestablishment of zoning and fire district classification for real property as de~cribed unde~ . Items #1 through #4 of such notice. As background for the pending request, Mr. Wolle related the history of the Board's original approval (in 1962-63) of single family, multi-family, and business zoning in accordance to a master plan of development submitted for this tract (vacant at that time). The Planner recalled to the Board that a zoning consideration in approval of the R-4 was the fact that the northern portion of the tract was marginal property with no dedicated access and that th~ developer would j have a draina~e problem which it was felt would not make it economical- ly feasible for single fa~ily developmen~; further that this property to the east of Hercules, ~s ~-4, was considered to be a ?otential1y desirable site for a school or church. .~ '.> '. :'~ : .. ,.:, : ...... .\:.... .'.... .~;.-....: :", ',....... '~..,....;-.:~...:;r:';..:..~'.'.:.:.~..~:~::........'....:.....~.t,...,...."....:..:..::....f.:'.-:~~..:.....~<:..~~.....:~.:..:.~.~.~_.;....::.:...:.'~..,;~..J~.....~..: ,""""'" ~. . ......... P6Z Bd Minutes 11 / 2.8 / 6 7 Pa(1e #'2 Adjoining land uses in the 62-63 pel~iod were.d~scribed, as well as subsequent uscs that have established in the Nursery RO~~-~cLcher- Lakeview area. Reference was made to map-drawings distributed de- lineating city zoning in the Imperial Park area and area of the k . I La eV1ewJRoad right-of-way extension. displayed and explained. Current aerial photomap was .' ~:15 P. M. Mr. Guy Kennedy, Jr., Assistant City Attorney, met with the Board Mr. Wolle reported that some residents of the surrounding area and a PTA gro~9 of the P]umb Elementary School had raised objections when plans were disciosed recently for construction of apartment buildings in th~ R-4 zone at the southwest corner of Lakeview Road and Hercules AVe. and had challenged the zoning. He. stated that Mr. Kennedy was present by his request to explain the matter more fully. Mr. Kennedy eXDlained-- .' That this property was annexed into the city limits in 1963 and that there is pending litigation claiming that it was improperlY annexed. It is felt that it was properly included in the corporate limits when a snecial act of the 1965 State Legislature redefined the city limits. The pendin~ Circuit Court suit challenges tDe legality of zoning for this annexation. The City Commission has set nublic hearing on December II to establish o~ reestablish zoning ;n this ap- proxi~ate iOO acres. Notice of public hearing has been pub- lished in the paper and all pro?~rt" owners within the develop- ment or within 200 feet are being notified. Some of the main objectors are obiecting to the R-I} parcel (aporoximately 115 ft. x 300 feet) at the south side of Lakeview at Hercules, proposed site of multiple units. Existing developments withi~ the l~O acres include a service station and Imperial Square Shopping Center in the Business Zone, apartments uncer construction in the R-4 parcel to the west of the shopping center, and an ~pproy.i~ately all buil~-up area of homes in the R-ID subdivision units of Imperial Park. ~: '.: :':'' '. '..... :":: .". "", '..'~: ,/ : ~ <. ",:' :'1,:': :'.I~:".:: : . , .~ ;,:'. . ,; ': .....: :. ~,'.. '::'.,"; ~':':,\.' ': s;. ,'.'.: ,",',,),; :.;:, (' >, '.:"'~.: ': "; ~ I:: ~:'.'~< ',,: '.,' .:. ,~:::. ~ ':.,,~~: .....\.. ',~:' ,l,i., ~: ..... I, ~:,.:-... ~... ,":,' ~<, 'oJ ': ::.: ,\'~ ~ :.'; :,~< :~".: ~,' ..:. .~'.= ~: ,~". '.' ~ : :_~ '.<,(: ,OT .>~ ::. p-::-': p"' :.,.:..~ P&z' Bd t1inutes 11/28/6., . Page 113 ,1'-"'" !~ that the plaintiffs havQ ~ue~tioned the p~opriety of the procedure ~h{~h has bc~n fOllowed--claiminp, the~e should hnve been a'public nearinE--t~e ~~~pertv was being resubmitted to the Board for a zoning recomn,c Ilc.:ttion to be considered at the pUblic hearing to allay any grounds these people might have that there was no public hearinc at the time it was originallY annexed into the city. Upon inquiry by the Chairman, Mr. Kennedy cited the existing charter authority inv~lving annexation procedures. Following discussion with the Assistant City Attorney, the Board made restudy of the tract in question. Mr. Mylander stated that after considering existing conditions, inclUding land use, lot area-, building ,~--....> height and yards, the comprehensive plan of the City of Clearwate~, the reasonableness of the proposed zoning and that the property be able to be used fo~ the purpose for f"lhich it is zoned, he moved that the Planning and Zoning Board of the City of Clearwater recommend to the City Commission for its consideration at the public hearing to be held on December 11, 1967, the fOllowing zoning. and fire district classifi- ... ,~ i'; ..~. catio~ for the described real property:, ~ (Business) zoning and Fire District No. for the following: The 'Easterl v 400 -.feet of the South 1/2 of the Southeast 1/4 of Section 24, Township East, pine11as County,- Florida. R-4 (Multi-Family) zoning and Fire District No. 2 classification for the fo110'l1ing: ~ 1 classification the Northeast 1/4 of 29 South, Range 15 ,J From the t!ortheast corner of the Southwest 1/4 or the Northeast 1/4 of Section 24, Township 29 South, Range 15 East, Pine!las County, Florida, as a Point of Beginning, run S 0008'48" IN, along a forty acre line 1~25.79 feet; thence run N"S8042'56" I.~, 1335.90 feet to a point on the North-South centerline of said Section 24; thence run N 0019'15" E, along said North-south centerline 417.68 feet to the Northwest corner' oOf the Southwest 1/4 of the Hortheast 1/4 of said Section 24; thence run S 89003'44" E, alon8 the forty acre line 1334.50 feet to the P. O. 8., LESS AND EXCEPT theref~o~ any ?art of Imperial Park, Unit 2, Plat Book 60, Da~e 22 of the Public Records of Pinellas County, Florioa, and anv part of Imperial Park, Unit 5, Plat 900k 63, nage 6 0: the Public Records of Pinella-s County, Florida, incl uded therein. AND : .' .:,: /> ."..': '( ~.: '" .~:. ': ~'; ::~: l,::l ~ ':-::. :~'>:" ~ . ::",;: :,.: ::::::.: ':.. ':.~' \;: ~ ,+:. ':':': !~:-. ,i .: ..,' :~J ':. ,",t:'.:,:,: ,: :':: ;... .::: ::::. ~ :.t. / \'~. I ~.:. ~+::.:- <<.': ; I: ~;'.: f, ) ~:'I ',.-:; " : '.'.::." ; , ~', i: ::....:." :. ~ ~ ", :,:,.~ ': ,'t. <'>. :'.:'.'.: .:-.....\;.:: {~/: ..:;: ~ .. I :.. .~"..:: ~" ,I :: P&Z Bd Minutes 11/28/67 . PaBe n IJ ,..........., J.'i,~ South 1/2 of the North.,ast l/if of the Southeast 1/4 of Section ?I~., TO\olnship ~'9 South, Ranffe 15 East, Pinellas County, Flol"id~, less the BnS tarJ~' 400 feet thereof. , . R-ID (Single Family) zoning and fire Dist'rict 110.' 2 classifica- tion for the followinp.:' From the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of Section 211, Township 29 South, Ranr.e 15 East, Pinellas County, Florida, as a point of beginning, run U 0019'15" E, along the North-South centerline of said ~ection 24, 2230.32 feet; run thence S 88042t56" E, 1335.90 feet; run thence S 0008'56" H, along a forty acre line 912.57 feet to the Northeast corner of the Northwest 1/4 of the Southeast 1/4 of said Section 24; thence continue S 0008'46" H, along a forty acre line'13l7.87 feet to the Southeast corner of the Northwest 1/4 of the South- east 1/4 of said Section 24; thence run N 880l~2t56" \'1, along a forty acre line 1342.73 feet to the P. O. B.; also being de- scribed as Imperial Park, Unit 1, according to map or plat therepf as recorded in Plat Book 59, page 33 of the Public Records of. Pinellas County, Florida; as Imperial Park, Uni t 2, according to map or plat thereof as recorded in Plat Book 60, pap,e 22 of the Public Records of Pinel1as County, Florida; as Imperial Park, Unit 3, according to map or plat thereof as recorded in Plat Book 60, page, 96 of the Public Records of Pinellas County, Florida; as Imperial Park, Unit 4, according to map or plat thereof as recorded in Plat Book 61, page 62 of the Public Records of pine11as County, Florida; and as Impe1"ial Park, Unit 5, according to map or plat thereof as recorded in Plat BOOK 63, page 6 of the Public Records of Pinellas County, Florida. . ~ i.' Mr. Butler seconded the motion and motion carried unanimously. Mr. Kennedy reminded the Board that the public hearing on the Normandy Village annexation (HcMullen property) was set for the 4th of December. He was excused from the meeting at 4:00 P. M. ZONING MH PARK - WIGHTMANtS CONFIRMATION J The Planner advised of the receipt of formal request for zoning recommendation from the Legal Department, and accompanying copy of Petition for P~nexation filed by W. S. Wightman covering property legally descr~bed therein as follows: . The Easterly 330 feet of the following described tract: I from the center of~Section 17, Township 29 S, Range 16 E. Run So. OQ020t1311 E. along the N-S center li.ne of said Section 17, 1,174.IJ4 feet; Run thence N. 39001'06" 1..1.502.22 feet for a Point' of Beginning; Thence run S. 50058'Sll" 1.1. 682.49 feet; Run'thence N. 43011'5411 It!. 727.82 feet; P.un thence N. 48026' , ' \, f' ., P&'Z Ed. Minutes 11/28/67 Pncc US 0311 E., 120.05 feet; Run thence N. 08038'15'1 E., e':.95 feet; RU:1 thence S. 76026'00" E. 67.48 feet; Run thence No. 88033'281\ E. ~1~J.7g feet; Run thence N. 690lnlt~6" E., l~l2.1~5 feet; Run thence S. 39001'06" E. 1429.42 fect to the P. O. B. . The Planner requested confirmation of zoning recommendation made at the Nov. 21/67 meeting. Mr. Butler moved that the Board confirm its last action in recommendation of (MH) Mobile Home Park zonine for annexation of parcel described above (W. S. Wip.htman's request). His motion... was seconded by Mr. Nylander and v7dS passed unanimous 1y..:.. It was announced that Public Hearing before the City Commission on this request was to be held on December 18/67. ZONING - Distance between structures within oarcels - (reference is made to,P&Z Bd. minutes of 11/21/67) - Typed copies were distri- buted of amendment to the PROPOSED LOT & BUILDING REGULATIONS - R-4 titled, "Distance between structures .within parcel of ownership" (copy .", ) of agenda record). These copies were reviewed with the Planner who analyzed its intended application and explained that he had recognized the R~3 compromise for structures on the interior of a parcel and carried it over to the R-4. The Board agreed on some revisions for clarification: In Line 1 - to add after {>lithin one R-4 oarcel, "of one owner- shipll In Line 6 - to add after the abuttinu structures, "to1ithin the parcel" In Line 8 - to strike, "req uired 11 Discussion revealed a divergence of opinion as to specific criteria to be included. Members concurred with decision of the Chairman to ~efer the amendment to the Planner and' Mr. Morris~ architect member of the Board, to work out a solution fer' a final nroposal to be r~- submitted. There Has some preliminary discussion of possible ne\'l ...... setback-height controls for apartments and motels in R-M and B zones. , ,', <: :,:, '.. l::" ,:.... :. ' ,,:.: .:', ::':': ;.' ";.,',",~"-F" '::':' .'( ".: ::,', ~ ~:: :'.'.:',.~ \.:'~' '.::: :1. :~ i, : :. ',::' /', ..::; J:: .; :.: ~ i ".~', ',.:,',;.'..=:,' ~", ~:. .',:'; ': '. : ..... ~',;,..::f ".:, ~':' ,,.. :~ ,:':',' ...:j., ;:' : '. ,: ,: .:':,; :':'~'::....:: '.', '~<':: '. .:.. ~... >,~: : .,.;',; ..:: ..~,.:::. . : ~" .:~': .,~. ".~: .,.. ";: . ..': P&Z Bd Minutcn 11/28/67 Pr? (!C1 IJ r, ,..-.. Mr. Wolla indicDted that this would be th~ subject ?f future Uoard studies. .. CHAIRHAtr'S ITEMS: (c) Christmas Luncheon, - The Chairman appointed Hessrs. t1ylander, Harries and Galloway as a committee to arrange for the annual Christmas- :\ luncheon.' -, \ '. ' t :. ~. .... ..r/~ , (b) FPZA' Conference Attendance - Hr. 'Harries and Mr. Butler ; defin{tely advised that they would be unable to attend. It was ~earned that Mr. Wolle planned to leave on Wednesday, Dec. 6, to attend through the Saturday morning Directors meeting and that Mr. Kruse might be able to attend if he could schedule his return on Friday. Mr. Kruse stated that he would try to obtain more information regarding 'a meeting in the County which he understood was set up by St. Petersburg for the 8th and 9 th of December" and which he thought a representative from the Board should attend. "C" (a) Edgewater Drive Beautification - The Chairman called atten- tion to an "Open Letter" by C~l. Clearwater appearing in the Nov. 26/ 67 Clearwater Sun critical of inaction in the improvemen~ of Edgewater Drive. Such letter was addressed to Mayor Rehm of Dunedin and Mayor Hougen of Clearwater. Mr. Kruse reported that' in a phone call re- ceived from Mayor Hougen the Mayor told him he thought the letter should be ~nswered and had requested that he have the Board draft a reply for his (the Mayor's) signature. Mr. Kruse delegated this 'assignment to a commi ttee composed of t1essI"s. Butler, Harries, and Mylander, with Mr. Butler to serve as Chairman. Some discussion followed concerning the Board's stUdY"i~ 1966 of the potential develop- ment of Edgewater Drive. Hope was expr~ssed that there would be '".,J renewed interest in this project~ ;., . i . \ .'. '. ':.. ::--: . .. : :...,: ','. ,',.' ,;'. ~ ~ ':. " :.. ~, ~ . : " . ... ;. ,: 'I .:: t,'.,.,:\: '..: ,'. ..,. , ~,I,:..'''. .,",:, ,; ~. .: ~ 'I , . ~ ..::: " .,: : ~ ,:' ~ '. ' " ' .; ;'. .., : '. : ;+ : ~ ,:..-,..~:.:, ).:.:.' :, _...,: '.: :.... ': ~ :1:.: . " '. " ~. ':, :..' '::'.: .: ~:.~, : _ ,'. ~ :'.. . : ~:' , ...: ~ t. .' ;: P&Z Bd l~{nutcs 111.28/67 Page #7 -::... ' PLA~!,lF.~' S I'1'~~MS: Ap;enCiil ~, Surnmar~ of HnA Repo~~,:tt was def~rred ~un to a time limitation. Planning literature was'distributed. t.~ .- r-: .,. -,:,:" ~" , l.l:" " . The,meeting'was adjourned at 5:10 P. M. Respectfully submitted, ',,' , , . :;,1. ~" '~.uJ'~ ", " . ",.'" +>'.' ,,::. . '.' .,:.t. ,~. ' \ ':':,,:I.~ ~ .' ,; , , J ~- .... .'. \ < f;: " ...,.' 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