07/31/1990 (2)
ACTION AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, JULY 31, 1990 - 1:30 PM
oJ '. ( . .' . V \'" D
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PLEDGE OF ALLEGIANCE
INVOCATION
AUG 2 }9SO
A.
JliM.
APPROVAL OF MINUTES
1. July 17, '890
Approved es corrected: l TY CLEHK
ACTION
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CONDITIQNAt. USES. ANNEXATION. lONING. LAND USE PLAN AMENDMENTS. LAND
DEVELOPMENT CODE TeXT AMENDMENTS. AND lOCAL PLANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDITIONAL USE REQUESTS IS GIVEN UNDER OATH.
1. The Chairperson reads from the Public Hearing Notice each item as It is presented.
2. The staff report and pertinent background information are presented.. 5 minutes mSlClmum.
3. Staff presents any supporting written documents.
4. Staff presents any opposing written documents.
6. The applicant or his representative presents his case. - 5 minutes mSlClmum.
6. Persons who support the application speak - 3 minutes maximum for each Individual;
or spokesperson for group. '0 minutes maximum.
7. Persons who oppose the application speak. 3 minutes maximum for each Individual; or
spokosperson for group . 10 minutes maximum.
8. Persons supporting the application lather than applicant) may speak in rebuttal. 3 minutes
maximum.
9. Persons opposing may speak in rebuttal. 3 minutes maximum.
, O. The applicant has an opportunity lor final rebuttal. 5 mInutes meximum.
11. Public Hearings are closed.
12. Discussion by the Board.
13. The Board makes a decision.
t
FLORIDA STATUTE 2B6.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUP~ORT SUCH APPEAL.
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B. REQUESTS FOR EXTENSION, DEFERRED
AND CONTINUED ITEMS:
NONE
C. CONDITIONAL USES:
1. Part of Lots 6, 7 and 8, Sec. 12.29.15, and
Part of Lots 25 and 26. Sec. 1-29-15,
Pinellas Groves Sub. 11605 N. Keene Rd.1
City 01 Clearwater
CU 90.54
Approved sublect to the following conditions:
(1\ The requisite site plsr\ shell be certified
within 6 months.
121 The-outdo'or storage aronlsl sharr be clearly
dellneeted and dimensioned on tho rnqulslte
certified slto plan.
131 No repaIrs shnll occur between tho hours of
6:00 pm Brld 7:00 am Mondays through
Saturdays and all day on Sundays.
(41 Any proposed outdoor spoakors and outdoor
lighting shall ba orIented away from the
residential area to the west of tho site.
Request. To permit outdoor retail sales,
displays andlar storage of equipment and
recycled material
Zoned . IL (Limited Industriall
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P & Z ACTION AGENDA
July 31, 1990
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2. Lots 3, 4, 14, 15, and 16 and Part of Lots 1
and 2, Slk. 1, Overbrook. Subdivision
11374R E. Cleveland St.,
Hitchcock-Mason Inc. (Convertible Top Shop'
CU 90-55
Request - To permit automobile upholstery
service
Zoned - CG (General Commercial)
3. M&Bs 32-01 and 32-02, Sec. 17-29-16,
(20505 U.S. 19 N., Suite E-13)
Trizcc Properties, Inc. (Frank & Stein!
CU 90-56
Request - 1 COP {To permit on premise
consumption of beerl (NEW LICENSE'
Zoned - CC (Commercial Centerl
D.
Approved subject to the following conditIons:
(') The requlsUe occupetlonel lIcanlo baing
obtained withIn .Ix (6) months from thl date
of thl. public ho8tlng;
12) The partially paved parking atoO on the east
side of tho lite shall bo fully paved and all
parking atS8S shall bo strlpod In accordance
with City coda;
(3) The hours of operation shall be batwoen
7:00 s.m. and 9:00 p.m.; and
14) All signs shall be In compliance wtth Chy
codes.
Approvod subject to tho following conditions:
11) Tho City Commission approI/o a verlance to
the minimum dlltance separation
requirement of 200 ft. to allow e/cahollc
bevorage nles zero foet from a similarly
licensed establishment:
121 The eppltcant obtain requlslto building permit
and certificate of use within six months of
this public hearing date:
131 The applicant shall obtain an occupational
I1cense within six months of this publlc
heorlng; and
(41 Package soles of beer Is prohibIted.
Public Hoorlng to consIder requests for amendments to the
Cloorwator Comprehensive Plan. Amendments proposed to
different elements:
Approved as presented In the wrItten
description dated 6/21/90 and as further
amended by Mr. Shuford on 7/31/90.
1. Land Use Plan Element - Amend Policy 1.5.2, Objective
2.3 and Policies 3.2.1/ 3.3.1, 3.3.2, 3.3.3 and a.3.4
2. Traffic Circulation Element. Amend Policies 5.5.1 and
5,,5.2 ~~
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3. Coastal Zone Management Element - Amend Policy 19.1.1 and
Objective 19.3
4. Conservation Element. Amend Policies 22.2.2. 22.2.8. 22.2.9
and 22.S.7
5. Intergovernmental Coordination. Add new Policy 27.1.6
6. Capital Improvements Element - Modifications to the Capital
Improvements Needs Summary. delete existing Policy 28.1.9.
renumber Policy 28.1.10, amend Policies 28.3.7. 28.3.7.2, to
amend the schedule of capital improvements and revised Map 20
to add three (31 additional roadway links
E. Chairman's Items
F. Director's Items
G. Board & Staff Comments
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P & Z ACTION AGENDA
2
July 31, 1990
ITEM
A. APPROVAL OF MINUTES
1. July 17,1990
ACTION
,
,1,
AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, JULY 31, 1990 - 1:30 PM
(_,0'
~. "
PLEDGE OF ALLEGIANCE
INVOCATION
CONDITIONAL USES. ANNEXATION. ZONING, LAND USE PLAN AMENDMENTS. LAND
DEVELOPMENT CODE TEXT AMENDMENTS, AND LOCAL PLANNING AGENCY REVIEW:
1"HE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDITIONAL USE REOUESTS IS GIVEN UNDER OATH.
, C":
1. The Chairperson reads from the Public Hearing Notice each item as it is presented.
2. The staff report and pertinent background information are presented. - 5 minutes maximum.
3. Staff presents any supporting written documents.
4. Staff presents any opposing written documents.
5. The applicant or his representative presents his case. . 5 minutes maximum.
6. Persons who support the application speak - 3 minutes maxirnum for each individual;
or spokesperson for group - 10 minutes maxirnum.
7. Persons who oppose the application speak - 3 minutes maximum for each individual; or
spokesperson f()r group - 10 minutes maximum.
8. Persons supporting the application (other than applicant) may speak in rebuttal - 3 minutes
maximum.
9. Persons opposing may speak in rebuttal. 3 minutes maximum.
10. The applicant has an opportunity fo, final rebuttal - 5 minutes maximum.
11. Public Hearings are closed.
12. Discussion by the Board.
13. The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAl.
B. REQUESTS FOR EXTENSION. DEFERRED
AND CONTINUED ITE~S:
NONE
C. CONDITIONAL USES:
1. Part of Lots 6, 7 and 8, Sec. 12-29-15, and
Part of Lots 25 and 26, Sec. 1-29-15,
Pinellas Groves Sub. (1605 N. Keene Rd.)
City of Clearwater
CU 90-54
Request - To permit outdoor retail sales.
displays and/or storage of equipment and
recycled material
Zoned - IL (Limited Industrial)
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Revised
p & Z AGENDA
1
July 31, 1990
Request - , COP (To permit on premise
consumption of beer! (NEW LICENSE!
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2. Lots 3,4, 14, 15, and 16 and Part of lots 1
and 2, Blk. 1, Overbrook Subdivision
(1374R E. Cleveland St.)
Hitchcock-Mason Inc. (Convertible Top Shop)
CU 90-55
Request - To permit automobile upholstery
serv ice
Zoned. CG (General Commercial)
3. M&Bs 32-01 and 32-02, Sec. 17-29-' 6,
(20505 U.S. 19 N., Suite E-' 3)
Trizec Properties, Inc. (Frank & Steinl
CU 90-56
Zoned - CC (Commercial Center!
D. Public Hearing t() consider requests for amendments to the
Clearwater Comprehensive Plan. Amendments proposed to
different elements:
,. Land Use Plan Element - Amend Policy 1.5.2, Objective
2.3 and Policies 3.2.1, 3.3.1, 3.3.2, 3.3.3 and 3.3.4
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2. Traffic Circulation Element - Amend Policies 5.5:1 and
0.5.2
3. Coastal Zone Management Element - A.mend Policy 19.1.1 and
Objective' 9.3
4. Conservation Element - Amend Policies 22.2.2, 22.2.8, 22.2.9
and 22.8.7
5. Intergovernmental Coordination - Add new Policy 27.1.6
6. Capital Improvements Element - Modifications to the Capital
Improvements Needs Summary, delete existing Policy 28.1.9,
renumber Policy 28.1.10, amend Policies 28.3.7,28.3.7.2, to
amend the schedule of capital improvements and revised Map 20
to add three (3) additional roadway links
E. Chairman's Items
F. Director's Items
G. Board & Staff Comments
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Revised
P & Z AGENDA
2
July 31, 1990
MINUTES
PLANNING & ZONING BOARD
TUESDA )', JULY 31, 1990
Members Present:
Chairnlan Johnson, Ms. Nixon, Messrs. Mazur, Schwob, Hamilton and Gans
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Members Excused:
Mr. Ferrell
Also Present:
James M. Polatty, Director of Planning and Development
Scott Shuford, Flanning :Manager
Richard Follett, Senior Planner
Robert M. Bnullback, Asst. Dir. of Public Works, Utilities
Chairperson Johnson outlined the procedures for conditional uses and advised that anyone adversely affected by
a decision of the Planning and Zoning Board, with regard to conditional uses, has two weeks from this date in
which to file an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of
this Board to have a record of the proceedings to support the appeal.
ITEMS ARE USTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN THAT ORDER.
A. Motion was made by Ms. Nixon, and seconded by Mr. Schwob, to approve the minutes as corrected for,
July 17, 1990. Motion carried unanimously (6 to 0).
B. REQUESTS FOR IDcrENSION, DEFERRED AND CONTINUED ITEMS: None
C. CONDITIONAL USES:
1. Part of Lots 6, 7 and 8, Sec. 12-29-15, and Part of Lots 25 and 26, Sec. 1-29-15, Pinellas Groves Sub.
(1605 N. Keene Rd.) City of Clearwater
CD 90-54
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Request. To permit outdoor retail sales, displays and/or storage of equipment and recycled material
Zoned - IL (Limited Industrial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
In response to Ms. Nixon's concerns regarding the Doise level of this operation and the need for additonal
landscaping, Mr. Shuford stated: 1) there would be a required landscape strip along Keene Road; 2) the
operation would sit quite a ways back from the roadway; 3) there is a 90' separation from the edge of the right
of way to the buildings as well as to any of the parking and retention areas; and 4) the Code currently calls for
50% of this area to be landscaped with shrubs and t:l1e remainder with grass. Ms. Nixon suggested shrubery
should be planted that would grow at least 25 ft. in h.eight.
No persons appeared in support of or in opposition to the above request.
Craig Montgomexy, 2481 Northeast Coachm:ln Road, Apt 407, Project Rneineer from Camp, Dresser &
McKee, Inc., hired by City to design the complex, stated Keene Road is scheduled by the County to be
completed in that area in the 1998-2000 time frame, and will then be expanded from a 50 ft. r.o.W. to a 100 ft.
r.o.w. He stated there would still be 30 ft. outside the r.o.w. to landscape. In answer to questions as to the type
of operation, Mr. Montgomery stated maintenance will be done there on the solid waste containers which are
brought to the site to be cleaned and refinished before being placed back into service. He stated the only
outside maintenance work would be equipment cleaning.
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Robert Brumback, Asst. Director of Public Works, UtiIties, stated the maintenance work primarily would be
the cleaning, sandblasting and painting of containers, but there would be some work done on sheetmetal and
steel with regard to dumpster repairs. He stated this 10 acre site was selected for the operation because of
vehicle safety and in part because of the noise factor. Mr. Brumback stated they have been good neighbors at
the 1180 Russell site and have not had a problem with complaints. He further stated this site has been well
designed and should be aesthetically acceptable. Mr. Brumback stated the City would be willing to work with
the Board in the future if there were any complaints regarding the landscaping. In response to questions
P & Z MINUTES
1
July 31, 1990
Request - 1 COP (To permit on premise consumption of beer) (N'EVI LICENSE)
Zoned - CC (Commercial Center)
regarding the wash water, Mr. Brumback explained the systcm has been designed to have the wash watcr mn
off the rack into a catcb basin, fIlter cd, and pumped into the sanitary sewer and treated in tlte treatment plant.
The water does not go into any storm. water runoffs. Mr. Brumback stated th.c operation will be as clean as
possible, but that it is a garbage complex.
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( Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve tie above request subject to th.e
following conditions: (1) The requisite site plan shall be certified within 6 Illonths; (2) The outdoor storage
area(s) shall be clearly delineated and dimensioned on the requisite certified site plan; (3)No repairs shall oeem
between the hours of 6:00 pm and 7:00 am Mondays through Saturdays and all day on Sundays; and (4)Any
proposed outdoor speakers and outdoor lighting shall be oriented away front tIle residcntial area to the west of
the site. Motion carded unanimously (6-0).
2. Lots 3, 4, 14, 15, and 16 and Part of Lots 1 and 2, BIk. 1, Overbroolc Subdivision
(1374R E. Cleveland St.) Hitchcock-Mason Inc. (Convertible 'Top Sh.op)
CU 90-55
Request - To permit automobile upholstery service
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Zoned . CG (General Conunercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Mr. Gans called attention to a curb sign and asked whether it was legal. Mr. Shuford stated if it was in the right
of way it would not be legal, and that signage could be a condition of the conditional use permit.
Philip Hitchcock, 4()9 W. Bay Drive, Largo=, FL 34640, applican~ stated he is the President of Hitchcock and
Mason, Inc., a small family corporation who have owned the property since 1955. He stated the building was
built in 1962 to the Code requirements for a sign manufacturing shop and is a. very safe building. He stated tne
parking area is paved with asphalt and shell on the side, but there were a fe,v areas for parking which have a
shall only surface. He further stated they will pave all the areas with asphalt as needed. He stated th.e
Convertible Top Shop has been in business in Clearwater for 11 yearSj they 'ha.ve an occupationallicensej and
they have contracts for upholstery work with the Fire Department and some of the dealerships in town. He
addressed the question about the curb sign and stated it was a temporary sign and would be removed. Mr.
Hitchcock stated they are requesting permission for the auto upholstery shop to operate on the property from
9:00 a.m. to 5:00 p.m. and added it is <l very clean operation.
No persons appeared in support of or in opposition to the above request.
Mr. Schwob clarified the point that Mr. Hitchcock was not obtaining a variance, but rather a conditional use for
the property as authorized by the Code and there is not a variance involved.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request subject to th.e
following conditions: (1) The requisite occupational license being obtained within six (6) months from the date
of this public hearing; (2) The partially paved parking area on the east side of the site shall be fully paved and
all parking areas shall be striped in accordance with City codej (3)Tbe hOllrs of ()peration shall be between 7:00
a.m. and 9:00 p.m.; and (4) All signs shall be in compliance with City codes. Motion carried unanimously (6-0).
3. M&Bs 32.01 and 32-02, Sec. 17-29-16, (20505 U.S. 19 N., Suite E.13)
Trizec Properties, Inc. (Frank & Stein)
CU 90-56
Mr. Shuford gave the background of the case and submitted, in writing, th.e staff recommendation.
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Charles Gregory Caldwell, 1938 McViddy Road, Salem, VA, representCltiw of applicant, Michaelsen's
Enterprises, IDe. and CaldweB Enterprises, a fast food franchising coDlpany tra<ling ac; Frank & Ste~ stated h.e
was present to assist Michaelson's EDterpnses, Inc. in addressing any qll~stions the Board may have with
reference to the request for a 1-COP class beer license for on premises c<>nsumption at their location at
Clearwater Mall. He stated they operate and franchise fast food restaurants in shopping malls and airports
specializing in the sale of gourmet hot dogs, sausages, draft beer, french. fried side orders, soft drinks and dessert
items.
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P & Z MINUTES
2
July 31, 1990
Coastal Zone Management Element - Amend Policy 19.1.1 and Objective 19.3
Conservation Element - Amend Policies 22.2.2, 22.2.8, 22.2.9 and 22.8.7
(."
In response to questions by the Bomd, Mr. Caldwell stated: 1) The beer is served in a coIlServative fashion; 2)
Employees receive two week's training at the start up of the restaurant on how to card individuals; 3) Calendar
cue cards are on the registers to help identify the dates on the driver's licenses; 4) They demand to see an ID
for each beer purchased when anyone under 25 years of age is purchasing for a groap; 5) Their area of service
is limited to the food court; 6) Beer may be purchased without food, but they are not a beer hall or a heavy
percentage beer sales company as their beer sales comprise from 11% to 14% of total sales; and 7) The beer
is relatively expensive, and it is provided to create an adult orientation for the hot dog business. In response to
Mr. Johnson's specific concerns regarding the control of beer drinking outside their area, Mr. Caldwell stated
they do police the area and do spend extra effort to stay on top of those concerns.
No persons appeared in support of or in opposition to the above request.
Mr. Gans recommended to staff that tile Caldwell name be entered on the affidavit.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request subject to the
following conditions: (1) The City Commission approve a variance to the minimum distance separation
requirement of 200 ft. to allow alcoh.<>iic beverage sales zero feet from a similarly licensed establishment; (2)
Th.e applicant obtain requisite building permit and certificate of use within six: months of this public hearing
date; (3) The applicant shall obtain lll1 occupational license within six months of this public hearing; and
(4) Package sales of beer is prohibited. Motion carried (5 to 1) with. Mr. Jolmson voting IInay''t as he was
concemed that alcoholic beverages collld be taken out of the area of the food service section. of the mall devoted
to this use.
D. Public Hearing to consider requests for amendments to the Clearwater Comprehensive Plan.
Amenduumh; proposed to differem elements:
1.
2.
.t 3.
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4.
5.
6.
Land Use Plan Element - Amend Policy 1.5.2, Objective 2.3 and Policies 3.2.1, 3.3.1, 3.3.2, 3.3.3 and
3.3.4
Traffic Circulation Element - Amend Policies 5.5.1 and 5.5.2
Intergovernmental Coordin3tion - Add new Policy 27.1.6
Capital Improvements ELement - Modifications to the Capital Improvements Needs Summary, delete
existing Policy 28.1.9, renumber Policy 28.1.10, amend Policies 28.3.7,28.3.7.2, to amend the schedule
of capital improvements and revised Map 20 to add three (3) additional roadway links
Mr. Shuford presented the above amend1nents (attached) stating there had been some changes suggested by the
City Commission during their worksession on July 30, 1990, as well as those changes discllssed by the Board at
the July 17, 1990 meeting. Mr. Sh.lIford went over these changes in some detail, answering questions of the
Board.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, approving the amendments to the
Comprehensive Plan as presented in the written description dated 6/21/90 and as further amended by Mr.
Shuford on 7/31/90. Motion carried lInanimously (6.0).
E.
Chairman~s Items. Mr. JOhllSOll stated he had attended the FPZ Suncoast Chapter meeting on July 25
and heard Michael Scibelli present his thesis for a Master's Degree in Urban and Regional Planning for
the State of Florida entitled, "TIte Cost of Comprehensive Planning in Tampa Bay". He stated the costs
came back much less than originally thougbt. Mr. Johnson stated these are informative meetings and
encouraged others to attend.
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Mr. Johnson also called Mr. Sl1uf()rd's attention to Item No.6 on the IssuelResponse Schedule stating
nothing would be found at the causeway except on Friday afternoon, Saturday and Sunday. This also
applied to Item 7.
F.
Director's Items. None.
P &. Z MINUTES
3
July 31, 1990
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G. Board & Stafi Comments. Mr. Shuford directed the Board's attention to Item No. 4 of the
IssuelResponse Schedule regarding landscaping at The Bank on Gulf-to-Bay. Ms. Nixon gave some
background information on this issue stating when Lokey came in for a Conditional Use they shared
parking with. The Bank (Florida Bank of Commerce). This was mainly commercial parking for The Bank
as well as overflow parking for Lokey. Lokey had leased property to The Bank. Then Lokey added a
building to the site, which was not approved by the Board, and put in a full scale auto operation with no
landscaping at all. Mr. Shuford stated he would investigate this site and report back to the Board.
Ms. Nixon stated she had been experiencing a problem when driving on Gulf-to- Bay with certain flood
lights glaring in her eyes. She stated the specific locations as Lokey's, Rax, Checkers and Kentucky Fried
Chicken, all on Gulf-to-Bay. Ms. Nbcon stated the flood lights are not angled properly and they not only
shine onto the business property but the light extends out into the street as well. She asked if the :Board
could require businesses when installing the lighting on their property to confine the light to the property?
The members of the Board concurred with Ms. Nixon. Mr. Shuford agreed it was a hazard and stated
he would follow up on this and report back to the Board.
Mr. Shuford called the Board's attention to the receipt and referral packet containing the Land
Development Code Amendments. A brief discussion followed. Mr. Shuford stated they would like to go
over these with the Board in detail at the August 14 meeting.
Mr. Shuford advised the Board that the City Police Department is enforcing the County ordinance on
sprinkler violations, and any known violations should be reported to them. Ms. Nixon asked if tile City
has an ordinance prohibiting year around sprinkling from 9:00 a.m. to 5:00 p.m. Mr. Shuford stated he
would add this to the IssuelResponse Schedule and advise.
Mr. Shuford stated the City Commission will be considering a resolution to increase fees. He stated the
City has adopted a policy that requires all the City departments to reflect their total costs in terms of staff
time, etc. in their fees. Mr. Polatty stated everything would increase except annexations, which they want
to encourage. Mr. Shuford stated the new fee schedule would go into effect 90 days after the City
Commission adopted the resolution, and it would be publicized. Mr. Shuford stated it was esti:mated
revenues would almost double even though a 25% reduction in volume of cases had been figured in the
estimate. Mr. Polatty stated that Phase 2 of the Land Development Code would address some of the
issues and a more flexible Code should cut down on the number of requests having to come before the
Board. He stated as it is now the Eoard reviews requests that should be put on a consent agenda.
Mr. Shuford introduced Richard Follett as the recently hired Senior Planner for the Planning Department,
stating Mr. Follett had come from the City of Dunedin, where he held the position of Planning Director.
Mr. Polatty advised the Board that Mr. Follett was also a landscape architect registered in four states and
had his own landscaping firm for 15 years prior to working with the City of Dunedin. The Eoard
welcomed Mr. Follett and was pleased to have someone knowledgeable in landscaping.
The meeting adjourned at 3:00 p.m.
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P & Z MINUTES
4
July 31, 1990