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HomeMy WebLinkAbout09-10-13MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, SEPTEMBER 10, 2013 CALL TO ORDER Chairman Campbell called the meeting to order at 7:00 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Campbell, Vice- Chairman McKey, Members Dillard, Keethler, Marcotte, Sills, and West. Also present were City Planner Rumer, Assistant City Attorney Drage, Mayor Vandergrift and Recording Clerk Turner ABSENT: Member(s): de la Portilla (A /E) and Dunn (A /E) CONSENT AGENDA Minutes of the Planning and Zoning Commission Meeting held on Tuesday, August 13, 2013. Member West, seconded by Member Dillard, moved to accept th minutes of the August 13, 2013, Planning and Zoning Commission meeting. Motion carr unanimously. OLD BUSINESS - none NEW BUSINESS Strickland LLC Annexation and Initial Rezoning City Planner Rumer gave a brief overview of the proposed project. The subject property is located on the north side of West Silver Star Road, east of Ocoee Apopka Road and West Silver Star Road. The +/ -.50 acre property was previously used as a single- family residence. The applicant has requested zoning designation of Community Commercial (C- 2), which is consistent with the zoning of the properties to the north and west. According to the Land Development Code (LDC), the C -2 zoning designation is intended for areas shown on the Future Land Use Map as "Commercial ". The C -2 zoning designation is consistent with the adopted future land use designation of Commercial, as shown on the City of Ocoee and Orange County Joint Planning Area future land use map. City Planner Rumer explained that the property is part of an enclave in the City, and it already benefits from Ocoee Fire Rescue services via a joint "First Responder" Agreement with Orange County. The proposed annexation is a logical extension of the City limits. Urban services can be provided, and the annexation meets state and local regulations. With regards to the notification from Orange County, city staff is comfortable with the annexation based on past annexations of similar circumstances. There is water and sewer available, and the applicant is amenable to connect to City water and sewer. The land use and initial zoning are also consistent and compatible with surrounding properties. He continued by saying that West Silver Star Road is programmed to be widened in the future, but it is not in the Department of Transportation's five -year plan. PIanning and Zoning Commission Meeting September 10, 2013 The Development Review Committee (DRC) met to determine if the proposed annexation and initial zoning was consistent with the City's regulations and policies, and voted unanimously to recommend approval of the annexation and initial zoning for the Strickland LLC, property to C -2. DISCUSSION Member Keethler inquired if there is a cost to the City. City Planner Rumer answered, "no ". He continued by saying the applicant will assume the cost to run and connect water and sewer, and any site development issues will be paid for by the developer. Member Sills inquired if there will be connection fees for water and sewer. City Planner Rumer answered there will be capital charges for water and sewer, connection costs, and the cost for the meters for water and sewer. Special Exception City Planner Rumer stated the applicant is also requesting a Special Exception to allow automobile sales (new and used) in the C -2 zoning district. The development will take form in two phases. The first phase will utilize an existing single - family home that will be converted to an office. A small -scale site plan will be used to develop a driveway, parking, landscape buffers, and stormwater retention. Phase two will include the demolition of the existing building with the construction of a new building located on the northern end of the property. Board discussion ensued regarding lighting, and City Planner Rumer explained that it is not required, but if the applicant provides lighting, he will have to adhere to the spillage limits for the residential side. Member Keethler commented that there is a street light by the entrance of the property, and asked if it will remain there. City Planner Rumer answered it will stay until the road is widened. Member Keethler asked what assurance the City has that the area does not become an eyesore should the business not succeed. City Planner Rumer explained that the City will benefit as the property will connect to sewer and water and will be on the City's tax roll. Additionally, the applicant will upgrade the existing building and lot. Board discussion ensued regarding City Codes for banners and inflatable -type advertisement often used on automobile sales lots. The public hearing was opened. Alec Strickland, applicant, approached the podium and entertained questions from the board. Vice - Chairman McKey inquired about the lighting that will be used on the property. Mr. Strickland stated that lighting will primarily be for security. Member Keethler inquired about the signage used on the property. Mr. Strickland explained he will use a monument sign on the property. Member Keethler inquired if Mr. Strickland has prior experience in the automobile sales business. Mr. Strickland answered he has been in the business for 2 Planning and Zoning Commission Meeting September 10, 2013 many years, and the area is conducive to this type of business. He continued by saying he has full intention of making this business an asset to the community. Member Marcotte inquired what makes this project a special exception. City Planner Rumer explained the zoning code sets up permitting use, and this type of business is considered a special exception for C -2 zoning. Member Dillard inquired how many vehicles Mr. Strickland intends to have on -site. Mr. Strickland answered approximately 28 -35 vehicles will be on display. The public hearing was closed. City Planner Rumer explained that if the board recommends approval, the approval for the special exception will need to be subject to the conditions of approval as shown on the plan. Member Sills inquired if the special exception stays with the property should the business not succeed. City Planner Rumer replied, "no ". Vice - Chairman McKey, seconded bV Member Keethler, moved that the Plannin_g and Zoninq Commission, acting as the Local Planning Agency, recommend to the Ocoee CitV Commission approval of the Annexation of the +1 - -.50 acre parcel of land known as the Strickland LLC Property (301 West Silver Star Rd) with an initial zoning classification of "C -2 ". Motion carried unanimously. Member Keethler, seconded by Member West, moved that the Planning and Zoning Commission, acting as the Local Planning Agencv, recommend to the Ocoee City Commission approval of a Special Exception to allow the automobile sales (new and used) in a C -2 zoning district located at 301 West Silver Star Rd, subject to the conditions of approval as shown on the plan. Motion carried 6 -1, with Member Marcotte opposing. Member Marcotte stated he feels as though there are better uses for that area, especially given the proximity to downtown Ocoee. Barkeritaville Annexation and Rezoning to PUD City Planner Rumer gave a brief overview of the proposed project. The subject property is 14.31 acres of land located within the Ocoee - Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. This property was part of the 17 JPA where the Future Land Use designation was changed from Low Density Residential to Commercial in 2013. Planning and Zoning Commission Meeting September 10, 2013 The applicant is concurrently requesting rezoning of the property to Planned Unit Development (PUD). The Barkeritaville PUD property is located on the east side of Tomyn Boulevard, north of the intersection of Roberson Road and Windermere Road. The subject site is approximately 7.32 acres in size and is zoned Agriculture (A -1). The property is currently vacant and contains one (1) garage building. The Barkeritaville PUD Land Use Plan proposes 22,000 square -feet for the purpose of developing a dog daycare and veterinary facility, with an 8,000 square foot retail /restaurant use. Access is proposed via an existing entrance off Tomyn Boulevard. Based on the PUD Land Use Plan, associated analysis, and City of Ocoee wetland map, there are jurisdictional wetlands to the north of this property. With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non- circuitous territory so long as it does not create an enclave. The subject property is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the eastern adjacent boundary. This project is located within the City of Ocoee utility service area. The project is required to connect to city of Ocoee water and sewer service. A traffic study was provided and approved by city staff and the City's consulting transportation planning consultant. The traffic study indicated no transportation concurrency issues. The study did indicate operation issues with the turning movements at Roberson Road and Windermere/ Tomyn Boulevard. City Planner Rumer continued by saying that he erred on the staff report. The staff report indicates that there are no waivers; however, the applicant is asking for a landscaping buffer waiver. City Code requires a 25 -foot landscape buffer along the front of the property, or a 15 -foot buffer if the landscaping is going to be increased. The buffer requirement on the north side is 15 -feet; however, the applicant is proposing a 10 -foot landscape buffer. The City Planner continued by saying the property to the north side is mostly wetlands. Small -Scale Comprehensive Plan Amendment City Planner Rumer stated the applicant/owner is requesting a Small -Scale Comprehensive Plan Amendment which consists of classifying the subject parcel of land from "Low Density Residential" to "Commercial ". The subject property is being rezoned to PUD Commercial to provide for a veterinary and pet boarding facility. The Small Scale Amendment will amend the Land Use of the 7.32 acres. 4 Planning and Zoning Commission Meeting September 10, 2013 DISCUSSION Member Keethler inquired who will pay for the water and sewer connection. City Planner Rumer stated the applicant is required to pay for the connection. Board discussion ensued regarding water and sewer connection. Vice - Chairman McKey inquired about pre- treatment requirements for the effluent from the animals. City Planner Rumer stated this will be addressed during the site -plan review. Member Keethler inquired about the rezoning designation to PUD. City Planner Rumer stated the rezoning to PUD will allow the applicant to make better use of the land. The public hearing was opened. Dr. Kenneth Simmons, applicant, gave a brief overview of the project and showed a video regarding the site facilities and services offered at Barkeritaville. Chairman Campbell asked Dr. Simmons if he intends to move to the local area to manage the Barkeritaville project. Dr. Simmons answered in the affirmative. Member Marcotte inquired if the outdoor activities at the pet resort fall into the evening hours. Dr. Simmons answered they do not. Kelly Morphy, Safe Streets West Orange, Inc., President, attended the meeting to speak on behalf of the coalition. She continued by saying the coalition is in support of this project, and offered some site -plan changes that would be a benefit to the community. Some of the suggested changes to the site -plan are: • Orient the buildings towards the street • Eliminate or push back the parking between the right -of -way and restaurant • Reduce the crossing distance for pedestrians by making the driveways as tight and narrow as possible • Build a trail from Tomyn Boulevard towards the back of the Wesmere subdivision • Provide a safe and accessible crossing for pedestrians on Tomyn Boulevard Member Keethler asked Ms. Morphy how aware the local residents are of the proposed project. Ms. Morphy answered the residents are not very aware; however, Safe Streets West Orange, Inc. is committed to sharing the information with the community. Mayor Vandergrift approached the podium and thanked the board for their service. He continued by saying that the added benefit of this project would be employment opportunities within the community. The public hearing was closed. 5 Planning and Zoning Commission Meeting September 10, 2013 Member Keethler inquired about the impact of the animal effluent on the sewage system. City Planner Rumer stated that the city engineer and the utilities director will review this matter during the site -plan review. Members Dillard and West opined that the Barkeritaville project is a great fit for the community. City Attorney Drage stated that there will need to be four motions: 1) Recommendation for the Annexation 2) Recommendation for the Small -Scale Comprehensive Plan Amendment 3) Recommendation for the initial zoning to PUD 4) Recommendation for approval of the Land Use Plan subject to the waivers as identified at the meeting, and subject to outstanding comments being resolved prior to the City Commission Meeting. Vi ce Chairman McKev, seconded by Member Dillard, moved that the Planning and Zoning Commission, acting as the Local Planning Agency, re commen d to the Ocoee City Commission approval of the annexation of the 14.31 +/- acres of land for the proposed dog daycare and veterinary facility Motion carried unanimously. Vic Chairman McKey, seconded by Member West, moved that t he Planning and Zoning Commission, acting as the Local Planning Agency, re commen d to the Oc oee City Commission approval of the Small -Scale Comp rehensive Plan A mendment for approximately 7.32 acres from a designation of Low Density Re sidential to Commercial for the Barkeritaville property. Motion car ried unanimously. Vic Chairman McKev, seconded by Member Keethler, moved that the Planning and Zoning Commission, acting as the Local Planning Agency, re commend to the Ocoee City Commission approval of the initial zoning to PUD of t he 14.3 +/- acres of land for the proposed dog daycare and veterinary facility. Motion c arried unanimously- Vic Chairman McKev, seconded by Member Sills, moved that the Planning and Zo ning Commission, acting as the Local Planning Agency, recommen to the O coee City Commission approval of the Land Use Plan subje to the waivers dis cussed by City Planner Rumer in the September 10, 2013, Plan and Zoning meet ing, and also subject to resolution of all outstanding comme being resolv prior to the City Commission meeting Motion carried unan imously. Planning and Zoning Commission Meeting September 10, 2013 Land Development Code Amendment — Public Hearing Article IV, Applications & Article V, Table 5 -1, Permitted Use Regulations Tabled until the next meeting. MISCELLANEOUS Project Status Report None. ADJOURNMENT The meeting adjourned at 8:26 p.m. Attest: Diana Turner, Recording Clerk WrINPIMT Westyn Bay Request to Amend its Preliminary/Final Subdivision Plan Conditi ®n #22 8/22/2013 Subdivision Plan Westyn Bay Request to Amend its Preliminary /Final Subdivision Plan • Condition 22 — Establishes an easement allowing students and parents access through Westyn Bay traveling to and from schools • Westyn Bay Community Association requests this condition be deleted from the Subdivision Plan for Westyn Bay Situation << " I I k 2 I 1 8/22/2013 Situation • Background: Conceived at a time when there was no sidewalk along Ocoee Apopka Road for students to walk to school • Access restricted to students and their accompanying parents /supervisors — No practical way to enforce • Access limited to 90 minutes before until 90 minutes after school, when in session — Impractical to open and lock gate outside of those times — When attempted, panels next to gate were kicked out No access to common areas or facilities — Impossible to police What we will do • We will remove the gate and associated PVC fencing and erect a wall with a motif similar to the other walls in Westyn Bay • We will change the combination to the pedestrian gates at the entrances to the subdivision • We will (likely) remove the sidewalk on the Westyn Bay side of the gate Result Unfettered, uncontrollable access through our private gated community which we spend significant sums of money to restrict to residents and guests only • The quickest and easiest way for unauthorized individuals to gain access to our subdivision Unauthorized use of and vandalism to our facilities (while not entirely attributable to the gate, it is the single largest gap in our ability to control access) What we will gain The sanctity of our private property, for which we pay dearly • The freedom from the long term expense to maintain the gate, the fence, and the sidewalk, and the liability exposure of non - residents /guests transiting our streets and sidewalks • Less pedestrian traffic through the subdivision • Significantly reduced opportunity for unauthorized access to the subdivision • Proportional reduction in vandalism and unauthorized use of facilities 8/22/2013 Counterarguments Some students will have a longer distance to walk to school Rebuttal: This is no longer a safety issue —it is merely a shortcut • Many students living within Westyn Bay will walk just as far to school as Vineyards students • Students normally do not have the privilege of crossing private property as a shortcut to school The easement is very restricted —only students during school hours with no access to facilities Rebuttal: Completely impractical to enforce This is a wonderful way to foster closer relationships between neighbors and foster a community spirit Rebuttal: • Reality: that hasn't happened in 8 +years • Other developments (e.g., Arden Park) haven't had to provide access despite similar geography with respect to school locations (Note: Arden Park will allow its residents across clarcona -Ocoee Pkwy to transit through the larger section) Conclusion Removing Condition 22 from the Subdivision Plan will restore and uphold the private property rights of Westyn Bay residents, eliminate the largest single means for unauthorized access to the community, and eliminate the costs and liabilities associated with providing this access We respectfully request your support of our request Counterarguments (cont) We bought a house in the Vineyards based on having this access; this ruins it for us and decreases our property value — Rebuttal: the costs of the streets, sidewalks, and gates in Westyn Bay are completely borne by its residents; you are not entitled to any benefit from what the residents of Westyn Bay have paid and continue to pay for their community, including increasing your property value; you had (and still have) the opportunity to purchase a home in Westyn Bay, and otherwise you have safe sidewalk transit to the school sites 3 TI • Westyn Bay Request to Modify Its Development Agreement Condition x#37 8/22/2013 Development Agreement Westyn Bay Request to Modify Its Development Agreement What is the motivation? • It is NOT about the wholesale removal of trees It IS about the Homeowner's Association ridding itself of substantial legal and financial liability Condition #37: A street tree shall be provided in front of each single - family lot (2 street trees on corner Ims, with one on each street), prior to the issuance of o certificate of o'roponcy for the house constructed on the lot Gach sweet tree shall he a minimum of 2" DAIi and 10' tall at the lime of planting. Westyn Bay Community Association requests this condition be deleted from the Development Agreement for Westyn Bay. Situation Trees WERE planted to comply with the requirement I— oak /Laurel oak trees (encouraged by city staff) (approx -50/50 per Valley crest) -- Planted in red is as( 2- 6feetwide) between sidewalk a ud street ("in front of the of ") - Approx.600trees,I/- - Now s -g years old; 90- 95i are less than8 "Doll Result — )hough stlllimrature, trees are pushing up sidewalksat an alarming rate — Normally a long the joints Resulting " step" foirns a tripping hazard, exposing the Association to substantial legal liability Current coping mechanism — Grind the "steps" down; cost up to $300 each per occurrence — Temporarymeasure;sid,w,lkwill continueto rise, replacement required see ntual ly — Tripping hazard exists until ground down and, arguably, afterward as well 8/22/2013 Current Pictures of Tree Root "Steps" U Z, Grinding the Steps UNSIGHTLY - -W Why is this happening? Per the Arbor Day Foundation: T L Wrong Type of Tree Grovvs 40'-80', with an 80' spread (A,U,,, 0, f W—) Trunk diameter up to 4 feet; flare s out at base lifting sidewalks and "' hing if planted in tree lawns I ass than 8 feet wide S.il Conditions — Thin layer of topsoil over clay, poorly drained; presents a hardship Pe r wide body of research, it always happens -- HOA in Hunter's Creek: $200K in the last five years to repair oak tree damage to sidewalks -TV,4/1�/11-j M 8/22/2013 Result: Shallow Roots,Unstable Trees (Tree blown over by rain - associated wind in VJestyn Bay, May 2013) i s s # ( a' As t .;tJ Y 'i. What happens to a Street Tree? (from Arbor Day Foundation) !I I r 3 8/22/2013 I, d A F 1 it TBW • Roots are deflected horizontally and down by most of the barriers on the market • In compacted soils and soils with it high water table, roots grow under the barrier and up the other side • In well drained soil, roots may remain at deeper depths longer Research on Street Trees University of Florida — Surprisingly ti : ico,; in I Ura rr7 under i i I Ik i `r.r -tc�l — so they tend to congregate there" ti Dr Ed Gilman, University of Florida tree guru, i(- ,i tI, i i u i 1 a- tot ) ins hr, in of Ili], t' r v: iilln it -, tun . th _ to nlc t i, f r sl 1,�]i I nort b an o. _d. — "There are horror stories of municipalities doing sidewalk repairs by using the "cut the roots out" technique and lyres I Icr;ln I o: r and um iincnrny,- int, ill ( .�i; — "When the water table is close to the soil surface or when the soil is compacted tap roots do not develop kilp I ii (I i : t I li It - Ill 11f _,I in cr n IIM3 l ui l r il.i ill �i) f l 11 Il ll uns i itt;tt tan; r J n Ill, I i, ...Even cutting small (less than one half inch) roots under or outside the edge of the canopy for long stretches can cut off water supply to the tree. This can cause the bee to dcchne er d ; t n Il, r t "u:cr: "ots' Pl ace trees on o t h er ., M Damane can be reduced by 1 — " planting on the side of the I sidewalk away from the curb r •' ■ This }daces the root flare in v open soil instead of - between the sidewalk and curb a Roots do not have to grow under the sidewalk to reach the open soil space in the lawn M 8/22/2013 Research on Street Trees Hillsborough County Florida: - "There are three issues nationally and locally: Sidewalks are being destroyed by 'Street bees. Sidewalks must_ meet Americans with Disabilities Act (ADA) criteria_ 'Street Trees are damaged by maintenance Repair costs exceed funds. Sidewalk repairs in Hillsborough County will cost $30 Million by the year 2020." - "In our reconiniendations, there are three parts to stop the uplifting of sidewalks: • ben feet ofsepaiationFom the rice tothesidewalk • Root Barrier.. 12 to 24 inches deep Crushed Base. For sidewalks less than 10 feetf om the tree, 'crushed base' is needed under the sidewalk, Arid the root harrier Research on Street - frees Advanced Tree Care, Inc. — "..the most commonly planted Swale tree in in,my parts of Florida is the ( 4uercusvirgininna ),which..simplyi i, i t ,;.,i U ° r I. designated by the designers.... ( r n s tr r t.. ; I I r as the trees begin to mature and their root systems expand and try tc — "The '.i i anywhere between the slab next In the trunk to as far away [as] ... ! S I t r, a t Once the slab lifts over',;. inch, there is a rhnl. li:,'u l iy i, c a trip and fall hazard" L l l �t r I Resca chat the Bartlett Tree Research Laboratories has demonstrated that cutting large lateral roots within the root plate, which is a distance from the trunk of three times the trunk diameter, r =., And those ordering cutting of major lateral roots should he aware of the tvf. r r 'ir I.Lt( qtr. 1 -. Research on Street Trees Michigan State University: "b—c[chcrs In England compared how often tree roots caused darraga to buildings relative to the specie frequency in the landscape - - .In general, fast growing scories should not be plant. d near sewer Iln_s orsdL. alks." - A _ °�tudy In street trees in Cincinnati found that likelihood of finding a tree Tl ere Is Mary Edwards, Valley Crest Arborist (asked about root pruning and barriers) "I am primarily concerned about if we attempt to root pr id them to prote_t tl e sidewalk, etc. We know that these trees currently have a l i , -? - e We also know that this location b .s centhe sidewalk and the roadway contains the majority of the anchorage roots or critical root zone of the trees. ii My fear Is that be au : the area Is so condensed and v ale limited on how rnanv r'A, we can prune that Eliminating the Cause The most effective solutions are preventive and out of reach for the I OA because the trees and sidewalks are already there: — Appropriate (smaller) species, other side of and farther away from sidewalk, gravel under sidewalk, channels under sidewalks, elevated sidewalks, wider medians Other supposed solutions are either ineffective, dangerous, or too expensive: root "pruning ", root barriers Bottorn line: with already existing live /laurel oak trees in 4 -6 foot medians, there are no effective, affordable means to prevent sidewalk damage 5 8/22/2013 What will we do? Because of language in our covenants, eliminating Condition 37 will allow its to offer each resident the following alternatives: 1. Keep the street tree by assuming fmmm ial and legal liability for the sidewalk 2. Move the tree at their own expense to another location on their property 3. Have the HOA remove the tree In any case, the HOA will be relieved of the considerable legal and financial liability associated with street trees We will NOT eliminate healthy trees along Westyn Bay Boulevard, and we will maintain the sidewalks accordingly (far less exposure than the street trees) Vineyards PEA Counterarguments Granting the request amounts to a waiver ofthe Ocoee Land Development Code without a justifiahie hardship — Rebuttal_ The code oriIy requires the developer to plant st—t trees That, has Been done. Them is no further requ,rement in the rude. and, hence no requi[erne it to waive it. Ever, if there was, there Is a sic icent hardship mndinon due to the compact clay soil, and considerable financ ti ial and legal liability hardship for the Associaon due to this requirement. Granting this request would give Westyn Bay Spec cial favored status over similar developments in the area — Rebuttal: Three of the four contemporaneous developr —rin in the area have virtually no street pees; the fourth has scattered trees, so Westyn Bay is subject to discriminatory enforcement (Pictures follow) There will not he enough trees remaining in the subdivision - fieoettal: Every lot has at least three trees (usually more). by the definition of tree in tl,e Land Devaloprnent Code All of the trees will he taken out — Rebuttal: we anticipaba a substantial nurnhe of residents will choose to retain their street trees me 8/22/2013 Forest Brook �t q l i e Kensington Manor km S. � ` " l� ! 4%.T ,�' a "` / ��aa, e•f"'+u 4 r ;,;�,_„ 1 Mccormick Woods 'T t �� I 4 Conclusion • It is the fiduciary responsibility of the Association and its directors to identify and eliminate financial and legal liability risks • The street trees represent the single largest exposure of the Association for both risks due to the sheer numbers of trees (600 + / -) • The subdivision will retain its beautiful appearance • Therefore, we respectfully ask that you endorse our request 7 L FORM 88 MEMORANDUM OF VOTING CONFLICT FOR OUNTY MUNlClPAL AND OTHER LOCAL PUBLIC OFFICERS i.AST VA-NE —FIRST NA—ME—MIDDLE NA E NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR CO- WMI7rEE ;AILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR 100yX 52"101V COMMITTEE ON Q � Q� pr �', NI H I SERVE IS A U T OF: C'[TY COUN � TY �/ U O OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: DATE ON WHICK VOTE OCCURRED ©{,/ 945- J ✓ �.j &0 / 3 My POSITION IS: Q ELECTIVE AfrOINTlVE 'WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented I with a voting conflict of interest under Section 112.3143, Florida Statutes. I Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES j A person holding elective or appointive coun ry, municipal,. or .other 1pc�l •public office `v UST ABSTAIN from voting on a measure' 'I which inures to his or her special'pttivate'gain or foss. Eaclr elected or appointed local officer also is prohibited froirl •knowingi�y voti ng on a measure which inures to the special gain oe'loss of a principal:(ocher , than'a government agency) by whom he or she is retained including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special , tax districts elected on a one - acre, one - voce basis are riot pro - hibited from voting iri'that capacity. • i For purposes of this law, a `relative" includes only the officgr's father, mother, sorb,- daughter, husband, wife, brother, sister, father - in -law, mother -in -law, son -in -law, and daughter -in -law. A`"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock 'exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting, and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: # # # # # # # # # # You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offi- cers. In order to participate in these matters, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO A17ME MPT TO INFLUENCE THE EXCEPT BY DISCUSSION AT THE MEETING. • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file, it.wit un,l 'days,after the vote occurs with the persoh respdfisth'1e tor'recording the minu'tl4of the'nieeting who must incorporate the form in the minutes. A copy of the form must be Provided immedi tely to the other members of the agency, and the form must be read publicly at the next meeting after Lhe form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on 4 (a) easure came or will come before my agency which (check one) I nured to my special private gain or loss; — inured to the special gain or loss of my business associate, — — inured to the special gain or loss of my relative inured to the special gain or loss of whom I am retained; or — inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: l4t: 'r1>90%cR rso,d D f� ats /�'� s�'��' ✓.�sr�.J 449"V Ado 3>00014ppma yr Foe vlrCsrr.✓ c& r ; z A� a , ec6nxA' - e r LJ9s � $9y .440 c�i �y C���►?v^/�i y �sse cy� � 1'�a /ALJG / , a d, 3 Date Filed by which i P v ��� NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLO- SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - REV. 1i95 PAGE 2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS i.AV HE—F[ T NAJ1E RIDDLE N,4ME -NAME OF OARD, COUNCIL, COMMIS ITT SION, AUTHORITY, OR COMMEE HAILG ADD THE BOARD HI , COU�fCIL h1M[SS[ON[, A[fCHp(iI R COMMITTEE ON (� WCH I SERVE IS A UNIT OF: CITY CO TY CITY p COUNTY O OTHER LOCAL AGENCY M YAE OF POLITICAL SUBDIVISION: DATE ON WHICH v E OC URRED �3 MY POSITION IS: Q ELECTIVE X APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or ocher local public office MUST . from voting on a measure .vhich inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -voce b- asi hibited from voting in that capacity, s are not pro- For purposes of this law, a `relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, facher- in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). x x x x x ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting, and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. * x * x x * * x x APPOINTED OFFICERS: You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offi- cers. In order to participate in these matters, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO EKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO Al"LMM 'T TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING. • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST J eS hereby disclose that on 19 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: V x ' by which Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLO- SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - REV. 1/95 PAGE 2