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04/26/1965CITY C�t�:ISSION P�IEETING A�mil 26, 1q65 Apr il z3 , 1965 Honorable Mayor and Members of City Commission City of Clearwater Clearwater, Florida Gentlemenc The City Commission will meet in Special Session on I�ionday, April 26, 1965 at 1s30 P.M. in �he City Hall Auditoriun for the purpose o£ co nsid ering the f ollowi ng items : l. Public Hearing on Zoning Ordinance Amendments 2, Approval af plat - N.orningside Estates, Unit 3A Sincerelf yours, /s/ Jarr� s R . Stewart Cit-y Pranager . ....._,,,� . ,,, ,.,.*,„ J _, �� % �� CITY GQn'fi�'fIS5I0N N�ETING April 26, 19�5 The City Commission of the City of Clearwater met in spacial session at the City Hall, Monday, April 26, 1965 at 1:30 �.Ni., witll Lhe following present: Joe Turner Nlayor-Commissioner Cleveland Insco Commissa,oner Amos G. Srriith Comrnissioner H. Everett Hougen Commissioner Cli�ton Stephens Commissioner Also present were: Gerald Weimer Herbert M. Brown Max Battle tiVillis Booth Representing City Manager Ci�y AGtorney City Engineer Police Chief The Mayor called the meeting to order. The invocation was given by Chief Booth. The I�ta,yor announced that the purpose of �he special meeting was to hold a public hearing to consider various proposed zoning map changes and zoning ordinance changes, and then asked to deviate from the agenda to hear a request for approval of plat fiu•sG. Commissioner Smith maved to deviate from the �aenda as requested. Nioti on was seconded by Commissioner Hougen and carried unanimously. The City Attorney reported that the Legislature has acted on redefining the City limits which included all the �so perty that is in the City of Clearwater plus several other parcels, one �f which is Morningside Estates Unit 3A. Commissioner Smith moved that the plat for Morningside Estates Unit 3A be approved as recommended and the proper officials be authorized to execute it subject to legislative action annexing the area. Notion was seconded by Commissioner Stephens and carried unanimously. The City Engineer left the mee�ing at this time. ITEP�I �l was �he reauest of Fred I. Culler. The Clerk read a letter in favor of the request from Trinity Presbyterian Church. There were no objections. Com- missioner Insco moved after having held this public hearing, having considered the proponents and objectors, having considered the recommendations of the Flanning & Zoning Board an d having hear d no valid objections to the same, that the property owned b,y Fred I. Culler, described as: Begin 330 ft. N. and 3U f't. E, of the S[�7 corner of the S4� 1/J� of NE 1/t�, Section 13-29-15, for a P.O.B. run E 220 ft,, N 101.6/� ft., 4�� 220 ft., S g9.$0 f"t. to P.O.B. be changed from R-�. (m�zltiple dwelling) to PRS (professional 8c related services) and the City Legal Department is instructed to include this matter in an ordinance amending the CityTs zoning laws. Motion was seconded by Commissioner Smith and carried un.animously. ITEN, �2 was the reauest of Lt. Cr�l.. Fred S. Manter (F 8c E Realty Co. ) and Adam A. Hillebrand, et al. A petition in favor of the request with 6 signatures was presented, from some of the pro perty owners in the block. ITEP4 #3 - the City Planner suggested that it also be considered with Item �2, being part of the same block. There were no objections. Go-nmissioner Smith moved that after having held this pub- lic hearing, having considered the proponents and objectors, having considered the recommendations of the Planning & Zoning Board and having heard no valid objections to the same, that the pro perty owned by L�. Col. Fred S. Manter (F & E Realty Co.) and others described as Lots 1-11 inclusive, Lots 11�-22 inclus ive, Block A of Westover 5ub. and Lots 12 and 13, Block A of Westover Sub. be changed from R-2 to R-�. (multiple dwelling) and the City Legal Det7artment is instructed to include this matter in an ordinance amending the Cityts zoning laws. Notion was seconded by Gommissioner Stephens and carried unanimously. ITEN: #L�. was the request oi Theodore J. Johnson to change Lot 30, Woodmere Heights from R-2 to R-l� (multiple dwelling) . The Clerk read a petition with 2'7 signatures in opposition to the request. Mr, Gharles F. Barber, Attorney, representing the appli- cant stated th�t it would provide a better buffer zone between t:�e business and the duplex area. Tfr. Richard F. Salamone, 220 N, Mars Ave. and Mrs. G. A, Stavros, 307 � 3�9 N. Mars Ave. spoke in objection. Commissioner Insco moved that after having held this public hearing and having considered the pleas of the proponents and objec- �ors and the recommendation of the Planning & Zoning Board, that the application of Theodore J. Johnson be disapproved. Motion wa� seconded by Commissioner Hou�en and carried unanimously. ITEN �5 to Amend Section 26-�B (1�) (aj to permit lumber yard and/or mill work in "HB'� (heavy business district) , and ITEM 6 to delete Section 26-6B (1i.) (c) pertaining to certain prohibited uses in �'HB" heavy businesa district) and amend Section 26-6B (3) (a) to allow light industrial an d processing uses in an enclosed building as a specia� exception in "HB" (heavy business district), were the recommendations of the Planning & Zoning Board. There were no objections. Commissioner Smith moued after having held this public hearir�_g and having heard no valid objections and aiter considering the recornmer.clations o.f �Ghe Planning & Zoning Board, that Items 5 and 6 be approved and that the City Legal De- par�tment is hereby instructed to include these items in an Ordinance amending the CityTs zoning laws. Motion was seconded by Gommissioner Hou�en and carried unanimously. � �Q �2_ ETT.Y CQM,✓.ISSIQN T�'iEETIDIG April 2b, 1�65 ITEMS �f7 through ll were grouped toget-her. TTEM ��7 - to amend Section 26-5F (parkway Lusiness dis�rict) to permit theaters, except drive-in typee ITEM �$ - to amend Section z6-6A (l) "B" (business distric+.) by adding subsection (i) to permit theaters, e�ccept drive-in type. I�'EM ��9 - to amend Sect�,on 26-6B (3) by addin� subsection (d) i:o permit drive-in theaters as a special exception in "HB" (heavy business district). ITEM 10 - to amend Section 26-7 "M" (manufacturing district) to permit drive-ii2 theaters as a special excep�tion. TTEP�I 11 - Amend Section 26-17 (5j (a) pertaining to Board of �djustment and Appeal by aflding subsection {11) to provide criteria for considering a drive-in bheater as a s ecial exception in an "HB" (heavy business) or "D;'" (manufacturing� zone. The Clerk reported receipt of L� letters objecting to a drive-in theater in the area of Highland Ave. and Lakeview Ftd. Mrs. George Collins and N�s. Fred J. V�iilder, Attorney, representing the Clearwater Medical Arts, 2nc., and others spoke in objeation to a drive-in theater in the above area. Commissioner Insco moved after having held this public hearing and having heard no valid objections and after consid ering the recommendati�ns of the Planning & Zonin� Board that Items 7 through 11 inclusive be approved and that the City Lega1 Department is instructed to include these items in an ordinance araending the Gity�s zoning laws, P4otion was seconded by Corrur�issioner Smith and carried unanimously, Commissioner Smith stated that the Commission had no kno�nledge of ari application for a drive-in treater bnilding permit, but tha�; the proposed ordir�nce change had been considered by the Planning & Zor .ng Board for a number of months, and that the Commission had directed the City NIanager to inst,ruct all De�rtrnnts tc hold permits in abeyance until the new ordinance was approved. ITEM rl2 to Amend Section 26-6A (3) (i} pertaining to "B" (�usiness district) to update mobile home refErence in pro hibited use list, There were no objections. Commissioner Smith moved tY�at after Y�ving held this public hearing and :�aving heard no valid objections and after considering the recommendations of the Flanning & Zoning Board, that Item 12 be approved and that the City Legal Depastment i� hereby ins�,ructed to include this item in an Ordinance amending the City�s zoning laws. Motion was sec�nded by Commissioner Ste�hens �nd carried unanimously. 2TENi �13 to amen� Section 26-6A (3) (g) pertaining to "B'� (husiness district) to require a barrier between an appro ved service station and abut�ing residential district. It was discussed tha t Lhis item shot.^.Zd specify the type of barrier, not signs or other unsig htly barrier. There were no objections. Gommissioner Smith moved after having held this public hearing and ha ving heard no valid objections and after considering the recommendations of the Plannir.g & Zoning Board, that Item �13 be approved subject t�o clarification by the Legal Department relative to the type of harrier and the City Legal Depar�ment is hereby instructed to include this item in an Ordinance amending the CityTs zoning laias. N.osion was seconded by Commissioner Stephens and carried unan imous ly . ITEM �14 to amend Section 26-11 (11�) pertaining to location, height and area regulations, etc., to reauire special minimum building setbacks on Highland Ave. from south Ci�y limit narth to Unian St. There were no objections. Gommissioner Smith moved after havir�g held this public hearing and having heard no val.id objections and after considering the recommendatians of the Planning & Zoning Board, that Item ;�11� be approved and that the City Legai ➢epartment is hereby instrticted to include this item in an Ordinance amending the City�s zoning laws, N:otion was seconded by Commissioner Hougen and carried unanimously. ITEI�i �15 to amend Section 26-6A (1) pertaining to 'B" (business district) by add- ing suk�section (i) to permit railway terminal and/or freight office. There were no objections. Commissioner Insco moved after having held this public hearing and having heard no valid objections and after considering the recommendations of the Planning & 2oning Board, that Item �15 be approved and that the City Legal Department is hereby instructed to include this item in an Ordinance amending the City�s zoning laws. N:otion was seconded by Commissioner Smith and carried unanimously. ITEM �16 to amend 5ection 26-17 pertaining to Board of Adjustment & A�peal by repeal ing subsections (6), ('7) &($) and replacing by Florida Statutes 176.16 through 1�.20 to provide for appeals from Board of Adjustment and Appeal to be submitted to the Circuit Couri; instead of the Gity Commission. Commissioner Hougen stated that the Mayor and City Comrriissioners were elected to represent the people of the City ef Clearwater and in zoning matters to enforce zoning iaws; that an absolute delegat,ion of authority to the Board of Adjustment & Appeal without any review by the City Com- mission is an undesirable feature and would not want to have it incorporated in the City zoning laws, and did not think a taxpayer should be put t� the expense of going to Circuit Court without the matter in controversy bein� reviewed by the Gity �e�n- mission, and therefore moved that Item #16 be rejeci;ed. Motion was seconded. by Commissioner Stephens and carried unanimously. -3- CITY CC?N�':TSSIQN I�IEETTNG Apri1 26, 1965 ITEM �l� to amend Chapter 26, Zoning Ordinance, to provid.�v for Residential. and Commercial--Industrial planned unit developments and the processing and regulation thereof. There was cui,sidexable discussion, auestions aslced and comments made. N;r, Jack titi�olle, City Planner,explained the proposed plan for unit developments, the pxocess and re�ulation thereof. Commissioner Smi�h moved to deny Item �17 at this time and �tai�le the proposal for further consid- eration by the Com_mission. Motion was seconded by Commissioner Hougen and carried unanimously. Mayor Tu�ner announced tha t cvord had just been received that Senator Young reported the Clearwater bill regarding r�defining the boundaries of the City had heen pas�ed arid signed into 1aw by the Governor. The Gity Commission commended the Planning & Zoning Board for their ef.forts. Co:nmissioner Insco moved bhat the City Plannex, the Planning 8e Zoning Board and the City Attorney give further study for recomnenciations �or barriers between any business a rea �nd residential ar�as. Motion was seconded by Commissioner Smith and carried un�nimously. There being no further business the meeting acijourned at 3:25 P•NZ• ��� � �.� � n: or- i'ssioner ?ttest: � � � �z� ' y C le rk � 5 g� ( � � �� _. - � ._ �'