HomeMy WebLinkAbout11-14-06 Minutes P&Z
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MINUTES OF THE PLANNING AND ZONING COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
MEETING HELD TUESDAY, NOVEMBER 14, 2006
CALL TO ORDER
Vice Chair McKey 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: Vice Chair McKey, Members Campbell, Conkling, Dillard, Morris,
Rhodus, Sills, and West. Also present were City Attorney Palmer,
Community Development Director Wagner, Principal Planner Fabre,
and Deputy City Clerk Sibbitt.
ABSENT: Chairman Golden was absent excused.
CONSENT AGENDA
Minutes of the Planning and Zoning Commission Regular Meeting held on
Tuesday, October 10, 2006.
'-" Member Campbell. seconded bv Member Morris. moved to accept the Minutes
of the October 10. 2006. PlanninG and ZoninG Commission meetinG. Motion
carried unanimouslv.
OLD BUSINESS
None
NEW BUSINESS
MAINE STREET PARCELS - ANNEXATION AND REZONING
Community Development Director Wagner stated the subject parcel is north of
Maine Street and east of Richmond Avenue. The property comprises of +/-33
acres and (6) six different parcels. All (6) six owners have entered into one
petition for the annexation as a block. The current Future Land Use Designation
for the property is High Density Residential. The north side of the property is part
of the Shoal Creek wetland area and is shown on the Land Use Map as a
conservation area. The surrounding property is A-1 Zoning, off to the northwest
and immediately adjacent to the east is R-3 Zoning, and to the south is C-2
Zoning.
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Planning and Zoning Commission Regular Meeting
November 14,2006
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Community Development Director Wagner stated that as part of the
annexation, the Developer will be entering into an Annexation Agreement with
conditions that call out for the developer to provide adequate right-of-way for the
development of the parcel, to pave Maine Street a certain distance, and to extend
utilities. He further stated in the State Road 50 Activity Center Plan along the
Shoal Creek wetland area and around the Ocoee Cemetery and down Richmond
Avenue there will be a bike trail that extends along the conservation area. The
agreement contains a provision that any future plans will provide for this bike trail.
The Annexation Agreement also states that any wetland or 100-year floodplain
that is not used as part of the development will revert back to the City or go into a
conservation easement.
The applicant is asking for an R-3 Zoning designation that is consistent with High
Density Residential Land Use and is also consistent with the Joint Planning Area
Land Use Plan with Orange County.
DEVELOPMENT REVIEW COMMITTEE
The Development Review Committee (DRC) met on October 26, 2006, and
reviewed the Annexation. DRC voted unanimously to recommend approval of the
Annexation of the Maine Street Parcels as presented.
~ STAFF RECOMMENDATION
Staff recommends that the Planning and Zoning Commission recommend
approval of the annexation of +/-33.176 acres of land known as Maine Street
Parcels, and rezoning to "R-3" Multiple-Family Dwelling District.
DISCUSSION
City Attorney Palmer stated that Orange County has taken the position that they
will be objecting to the rezoning of this property. The City Attorney with members
of the staff have had several meetings with Orange County to discuss the
rezoning. The City Attorney and staff disagree with Orange County's
interpretation of the recently adopted school capacity ordinance. He further stated
it is the City Attorney's position that the City has the authority to rezone the
property based on the JPA so long as the zoning will be consistent with the
Comprehensive Plan and Future Land Use Map that is a part of the JPA. Staff
and the City Attorney will continue to meet with the County and OCPS and
hopefully will be in agreement before the City Commission meeting on this matter.
City Attorney Palmer stated the board's duty tonight is to determine whether the
annexation and rezoning is consistent with the Comprehensive Plan and the JPA;
there is no need for this board to deal with the school capacity issue.
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Planning and Zoning Commission Regular Meeting
November 14,2006
Vice Chair McKey inquired if the petition includes any City land. Community
Development Director Wagner answered that City land is not a part of this
petition.
The Public Hearing was opened for the Annexation/Rezoning.
Andrew DeCandis, Representative of Orange County Public Schools, stated
he would like it to be put on the record that they have not really had the
opportunity to review plans at length and how it relates with the school capacity.
He further stated they would like to meet with the developer to go over that.
The Public Hearing was closed for the Annexation/Rezoning.
Member Campbell, seconded bv Member Conklinfl. moved to recommend
aporoval of the annexation of +/-33. 176 acres of land known as the Maine Street
Parcels. and rezonina to "R-3" Multiole-Familv Dwellina District. Motion carried
unanimouslv.
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FOUNTAINS WEST - SMALL SCALE COMPREHENSIVE PLAN AMENDMENT
Principal Planner Fabre stated the Small Scale Comprehensive Plan will be
considered separately from the PUD Rezoning/Land Use. The subject property is
located off of Ocoee-Apopka Road, north of West Road. The applicant is asking
to change the existing Future Land Use Designation from Low Density Residential
to Commercial. The property is approximately 9.9 acres. Currently West Road
and Ocoee Point Parkway do not meet in a proper intersection and the ultimate
goal is to provide a new intersection that is properly aligned.
The Applicant proposes to incorporate this land into Fountains West PUD
commercial subdivision (+/-43 acres). The Fountains West project is situated on
the northeast corner of the intersection of West Road and Ocoee-Apopka Road.
Both roadways are designated as arterial roads. According to the Comprehensive
Plan, policies support Multi-Use Shopping Centers at arterial road intersections.
This proposed roadway realignment and intersection was identified in the City of
Ocoee Comprehensive Plan adopted October 1, 2002.
STAFF RECOMMENDATION
Staff recommends that the Planning and Zoning Commission recommend
approval of the small-scale Comprehensive Plan Amendment for Fountains West
changing 9.9 acres of "Low Density Residential" Land Use to "Commercial" Land
Use.
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Planning and Zoning Commission Regular Meeting
November 14, 2006
Community Development Director Wagner clarified that the motion for this
project should actually be to recommend approval of the Commercial Land Use
change subject to approval of the PUD Rezoning/Land Use Plan. He further
stated that if there was anyone who wished to speak on the Comprehensive Plan
Amendment, there is a special form that will need to be filled out that will need to
be sent to DCA.
The Public Hearing was opened for the Small-Scale Comprehensive Plan
Amendment.
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Peter Schwab, 509 Zinfandel Court, addressed the board and stated he is not
opposed to the development; however he has concerns as to what type of
commercial development will be put into that parcel. He further stated that he
thought the City should work with the County to get the final widening of West
Road alignment. Community Development Director Wagner responded that
there already is a tri-party agreement for the acquisition of an initial 1 % acre
parcel to provide a temporary solution to the road alignment and then it also
provides for the County to buy all the right-of-way necessary to four lane the road.
He further stated at the next hearing that this will be a condition of approval of the
development. Further discussion ensued regarding the concerns for the widening
of West Road. Mr. Schwab further stated his only other concern is that once the
property is developed, what will limit the ability for tractor trailers to park along
Ocoee-Apopka Road. He further stated right now there are tractor trailers parked
at night time and he would like for there to be some sort of development that does
not become a rest stop.
The Public Hearing was closed for the Small-Scale Comprehensive Plan
Amendment.
DISCUSSION
Member Rhodus inquired as to what will be allowed on the commercial use that is
being proposed. Community Development Director Wagner stated if they had
not added the condition that the approval is subject to the approval of the PUD
Plan, any commercial use or any commercial zoning district would be allowed
under a commercial land use but because of the boards actions they will be
limiting it to a very specific set of uses.
Member Dillard. seconded bv Member Rhodus. moved to recommend aooroval
of the small-scale Comorehensive Plan Amendment for Fountains West chanainq
9.9 acres of "Low Densitv Residential" to "Commercial" Land Use subiect to the
PUD Rezonina. Motion carried 7-0 with Member West abstainina to vote due to
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Planning and Zoning Commission Regular Meeting
November 14,2006
votina conflict. Member West stated he used to be a broker on the orooertv and
there is still a oortion of the orooertv that he owns in the PUD rezonina.
FOUNTAINS WEST - PUD REZONING/LAND USE PLAN
Principal Planner Fabre stated the property encompasses approximately 43.03
acres of land. The Future Land Use designation is Commercial, Low Density
Residential, Light Industrial, and Conservation/Floodplains. The proposed zoning
is PUD. The subject property is proposed to be subdivided into eight (8)
commercial lots of which one lot is designated as a shopping center (Lot 6-Publix).
Additionally, there will be a water feature with an environmental enhancement for
the remnant wetland (Tract F). Road "A" will be dedicated to the City so that they
do not land lock any vacant property within the development. The
Developer/Owner is dedicating 30 feet wide of right-of-way (Tract D) along Ocoee-
Apopka Road. This will result in a 120 foot wide right-of-way long the entire
Ocoee-Apopka Road section adjacent to the site for any future roadway
improvements. Lots 1 and 2 are the most restricted lots due to the close proximity
with the residential subdivision. Lot 8 is proposed to be a future church site.
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The Developer is requesting two (2) waivers from the Land Development Code,
one being the setback requirement of the lots. The applicant has given 30 foot
wide right-of-way tract along Ocoee-Apopka Road so staff is supporting a waiver
request for a proposed 25 foot building setback along Ocoee Apopka Road. The
other waiver is dealing with out parcels. Staff is also supporting this waiver
request. The applicant is dedicating wetlands, a 25 foot upland buffer, and a trail
way. The trail way will ultimately connect to the West Orange Trails System.
DEVELOPMENT REVIEW COMMITTEE
The Development Review Committee (DRC) met on October 26, 2006, and
reviewed the PUD Rezoning/Land Use Plan. The applicant raised the issue about
~ Fast Food restaurant locating on Lot 2. Staff advised the applicant that staff will
not support any Fast Food restaurants on lots fronting Ocoee-Apopka Road
(specifically lots 1 and 2) due to close proximity of residential units across the
street and since Drive-in restaurants are prohibited within 200 feet of any
residence per existing LDC requirements. After discussion was completed, DRC
voted unanimously to recommend approval of the PUD Rezoning/Land Use Plan
of Fountains West, subject to changes discussed being made to the plans ahead
of the Planning & Zoning Commission.
STAFF RECOMMENDATION
Staff recommends that the Planning and Zoning Commission recommend
approval of rezoning the property from C-2 "Community Commercial", R-1A
"Single -Family Dwelling", and 1-1 "Restricted Manufacturing & Warehousing" to
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Planning and Zoning Commission Regular Meeting
November 14,2006
PUD based on the Land Use Plan, as date stamped received by the City on
November 6, 2006, subject to resolving the last remaining issues addressed in the
City Attorney's review memorandum and approval of the small-scale
Comprehensive Plan Amendment.
DISCUSSION
Member West inquired as to why the trail went from 10 feet to 25 feet.
Community Development Director Wagner stated in this case the 25 foot
upland buffer was a condition as part of the mitigation for the wetlands, that the
Water Management District will require for that area to remain as natural area. He
further stated they could not put the bike path in the 25 feet so they got an
additional 10 feet for the bike trail. Member West inquired if the discussion of
what is to go into parcels would be discussed and voted on this evening.
Principal Planner Fabre stated they will only be voting on the PUD.
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Hal Kantor, representative for the applicant, briefly discussed the improvements
of West Road and the applicant's request for a Fast Food restaurant on Lot 2.
Community Development Director Wagner explained page C10, which showed
lots 1 and 2 and the restrictions for that site. He further stated they did not just
eliminate Fast Food restaurants as a use for those lots but also eliminated many
other uses such as car washes, bars, grocery stores, etc. Fast Food Restaurants
can go on lot 3. Further discussion ensued regarding a Fast Food Restaurant on
Lots 1 and 2 and the definition of Drive-thru. Susan Kurchinski, representative
with McDonald's USA, gave a brief video presentation of the 2006 McDonald's
prototype and briefly explained how they can make McDonald's work with the
City's requirements. Community Development Director Wagner stated the
other requirements that they had on lots 1 and 2 is that there would be no
driveways on the road side where all you will see is green and the building. He
further stated a McDonald's building would work on lots 3, 4, and 5.
The Public Hearing was opened for the PUD Rezoning/Land Use Plan.
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Peter Schwab, 509 Zinfandel Court, inquired if the setbacks for residential
included town homes. He further stated there are town homes directly across the
street from lot 3 and he does not know how the setback would play into that
situation. Community Development Director Wagner stated they did look into
that and he recalls those units being setback 50 feet minimum from the roadway
but they can re-evaluate it again. He further stated if the residential setback is
true then they would have to grant a waiver on lot 3 to allow the Fast Food Drive-
thru Restaurants. Mr. Schwab further inquired about tractor trailer access in back
of Publix and if they would be entering off of Ocoee-Apopka across from the
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Planning and Zoning Commission Regular Meeting
November 14, 2006
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Vineyards entrance. Principal Planner Fabre stated the tractor trailers could
technically enter any which way they chose even though they will have an access
entrance. The Engineer for the Development stated tractor trailers would be using
the West Road and Ocoee-Apopka entrance. A brief discussion ensued
regarding tractor trailers.
Jonathan Fry, 2313 Pesaro Circle, commented on the traffic problems they
currently have with the Westyn Bay subdivision. He further stated he does not
understand why they would allow a Fast Food Restaurant on lot 3 since it would
generate pedestrians to walk from their homes through the Westyn Bay
Development (gated community) to the restaurants. He would like to consider that
they do not allow any Fast Food Restaurants in any of the lots.
The Public Hearing was closed for the PUD Rezoning/Land Use Plan.
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Member Morris inquired since lot 3 might be too close to the town homes is staff
going to require a waiver and will they support a waiver. Community
Development Director Wagner stated they knew there was a possible gas
station going at that location so they did assume that in that location there would
be a gas station or some kind of Fast Food Restaurant. Staff will go out and
check that location but because of the very busy intersection he thinks that the
sound, visual aspects, and lighting is less of a concern near that intersection then
they are further north across from the single family dwelling.
Member Morris. seconded bv Member Rhodus, moved to recommend aooroval
of rezonina for Fountains West from C-2 "Communitv Commercial". R-1A "Sin ale -
Familv Dwellina". and 1-1 "Restricted Manufacturina & Warehousina" to PUD
based on the Land Use Plan. as date stamoed received bv the Citv on November
6. 2006, subiect to resolvina the last remainina issues addressed in the Citv
Attornev's review memorandum and aooroval of the small-scale Comorehensive
Plan Amendment. Motion carried 7-0 with Member West abstainina to vote due
to votina conflict. Member West stated he used to be a broker on the prooertv
and there is still a oortion of the oropertv that he owns in the PUD rezonina.
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EAGLES LANDING - FINAL SUBDIVISION PLAN
Principal Planner Fabre stated the Final Subdivision Plan proposes 105 single-
family residential lots. The subject parcel is located on the west side of Ocoee-
Apopka Road. Westyn Bay Boulevard is planned to be extended through the
proposed subdivision and connects to Westyn Bay Phase 4 & 5 subdivision. The
Future Land Use Designation is "Low Density Residential" which allows up to 4
dwelling units per acre. The property encompasses approximately 46.35 acres of
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Planning and Zoning Commission Regular Meeting
November 14,2006
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land of which approximately 4.61 acres are designated as wetland/conservation to
be dedicated to the City. The property is zoned R-1AA which is consistent with
the Future Land Use.
Eagles Landing will be developed in three (3) phases. The first phase will
incorporate Westyn Bay Boulevard infrastructure. This will facilitate the extension
of Westyn Bay Boulevard to meet with the Westyn Bay Phase 4 & 5 subdivision
improvement plans. The FSP also provides protection for an existing eagle's nest.
Principal Planner Fabre briefly explained and provided exhibits that showed a
scenario of the retaining wall proposed. From the intersection of Ocoee-Apopka
Road and Westyn Bay Boulevard to the entrance to the subdivision on Westyn
Bay Boulevard there will be a 6-foot high masonry wall within a 10-foot landscape
wall easement that will match the Westyn Bay wall design scheme. The entrance
subdivision sign on Westyn Bay will read, "Eagles Landing at Wesyn Bay." The
developer will also provide additional road right-of-way for Ocoee-Apopka Road
widening and turn lane improvements on Ocoee-Apopka Road and Westyn Bay
Boulevard.
On August 3, 2004, the City Commission reviewed and approved the Preliminary
Subdivision Plan (PSP) for Eagles Landing. The Final Subdivision Plan as
presented is consistent with the Preliminary Subdivision Plan as approved.
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DEVELOPMENT REVIEW COMMITTEE
The Development Review Committee (DRC) met on October 26, 2006, and
reviewed the Eagles Landing Final Subdivision Plan. All the issues were
discussed and changes to the plan were agreed upon. The city Attorney
recommended two (2) Conditions of Approval affecting the retaining wall should
be incorporated in the Final Subdivision Plan. DRC voted unanimously to
recommend approval of the Final Subdivision Plan subject to incorporating the two
(2) COAs into the plans and making changes agreed upon at the DRC meeting.
STAFF RECOMMENDATION
Staff recommends that the Planning and Zoning Commission recommend
approval of the Final Subdivision Plan for Eagles Landing Subdivision, as date
stamped received by the City on November 3, 2006, subject to incorporating the
two (2) COAs mentioned above at the DRC meeting and resolving the issues
specified in the City Attorney's memorandum and the Engineering Department
Comments before the City Commission meeting.
DISCUSSION
Member West inquired if there will be some turn lanes on Ocoee-Apopka Road.
He further stated there is a curve on that road that is really bad and was
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Planning and Zoning Commission Regular Meeting
November 14,2006
wondering if it would be smoothed out so that it would be safer. Community
Development Director Wagner stated in regards to Members West question,
there will be a turn lane. Member Dillard inquired about the retaining wall and
the height and stated he was concerned about children jumping over the wall.
Member Morris inquired as to why there were two walls instead of just one wall.
Community Development Director Wagner stated that would be difficult since
the walls are made of two different materials. Further discussion ensued
regarding the walls. Member Dillard inquired if there was going to just be one exit
out of the subdivision. Principal Planner Fabre stated the plan has two access
points.
Member West. seconded bv Member Campbell. moved to recommend aooroval
of the Final Subdivision Plan for Eaales Landina Subdivision, as date stamoed
received bv the Citv on November 3, 2006. subiect to incoffJoratina the two (2)
COAs mentioned at the DRC meetinG and resolvinG the issues soecified in the
Citv Attomev's memorandum and the EnGineerinG Deoartment Comments before
the Citv Commission meetina. Motion carried unanimouslv.
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WESTYN BAY, PHASE 4 & 5 - FINAL SUBDIVISION PLAN
Principal Planner Fabre stated Westyn Bay Phase 4 & 5 is approximately 31.3
acres of which approximately 8.6 acres are designated as wetland/conservation to
be dedicated to the City. This conservation area adjoins and connects to a series
of other conservation areas already dedicated to the City. The subject property is
located between Ocoee-Apopka Road and Westyn Bay Boulevard.
The Final Subdivision Plan proposes 68 single-family residential lots. Westyn Bay
Boulevard is planned to be extended through the proposed subdivision and
connect to Eagles Landing subdivision. Westyn Bay Phase 4 & 5 will be
developed in two phases.
On June 5, 2001, the City commission reviewed and approved the Preliminary
Subdivision Plan for Westyn Bay. The Final Subdivision Plan for Phase 4 & 5 as
presented is consistent with the original Preliminary Subdivision Plan as approved.
DEVELOPMENT REVIEW COMMITTEE
The Development Review Committee (DRC) met on October 26, 2006, and
reviewed the Westyn Bay Phase 4 & 5 Final Subdivision Plan. DRC voted
unanimously to recommend approval of the Final Subdivision Plan.
STAFF RECOMMENDATION
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Planning and Zoning Commission Regular Meeting
November 14,2006
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Staff recommends that the Planning and Zoning Commission recommend
approval of the Final Subdivision Plan for Westyn Bay Phase 4 & 5 Subdivision,
as date stamped received by the City on November 7, 2006.
Member Rhodus. seconded bv Member Campbell, moved to recommend
aooroval of the Final Subdivision Plan for Westvn Bav Phase 4 & 5 Subdivision,
as date stamoed received bv the Citv on November 7. 2006. Motion carried
unanimouslv.
KEY ISLE APARTMENTS. PHASE 11- FINAL SITE PLAN
Principal Planner Fabre stated Key Isle Apartments Phase 2 is located on the
northeast corner of Moore and Maguire Road. The future Land Use Designation
is designated as "High Density Residential" which allows up to 16 dwelling units
per acre.
As shown on the site plan, there will be a 6-foot brick wall on both sides (east and
west) of the development. The privacy wall on the western boundary has been
provided through a joint venture with the adjacent commercial development.
There will be a pedestrian gateway to connect with commercial development.
Along Moore Road will be a decorative black aluminum fence supplemented with
stone columns and appropriate landscaping.
'-" The Key Isle Apartments Phase 2 Site Plan proposes 165 residential units on
approximately 11.46 acres. On July 21, 1998, the City Commission reviewed and
approved the Preliminary Site Plan for Key Isle Apartments. The Final Site Plan
for Key Isle Apartments Phase 2 as presented is consistent with the original
Preliminary Site Plan as approved.
The proposed sanitary system is connecting to a private sanitary system. The
City of Ocoee will not own or maintain the proposed sanitary system. The
Developer of the Key Isle Apartments is responsible to coordinate the utilities
connection with the commercial developers to the west. A Reciprocal Easement
Agreement will be required from the Developer/Owner in order to ensure that
utilities, recreational, facilities, and access rights will be jointly used and shared
with the existing Key Isle Apartments.
DEVELOPMENT REVIEW COMMITTEE
The Development Review Committee (DRC) met on October 31, 2006, and
reviewed the Key Isle Apartments Phase 2 Site Plan. DRC voted unanimously to
recommend approval of the Final Site Plan, subject to making the changes agreed
upon at the DRC meeting before the City Commission meeting.
STAFF RECOMMENDATION
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Planning and Zoning Commission Regular Meeting
November 14,2006
Staff recommends that the Planning and Zoning Commission recommend
approval of the Final Site Plan for Key Isle Apartments Phase 2, as date stamped
received by the City on October 30, 2006, subject to resolving the issues specified
on the City Attorney's memorandum, the Engineering Department comments, and
resolving the issue with the inlet at the trash storage area before the City
Commission meeting.
DISCUSSION
Ed Guard, representative for the applicant, stated the issues that Principal
Planner Fabre addressed on the private sanitary system will be a reviewed by the
City's legal counsel and should be resolved. He further stated the issue on the
trash storage and how it was supposed to be connected to the drainage system
should also be resolved they are currently waiting to hear back from the
Engineering Department.
Member Morris. seconded bv Member Sills. moved to recommend aooroval of
the Final Site Plan for Kev Isle Aoartments Phase 2. as date stamoed received bv
the Citv on October 30, 2006. subiect to resolvina the issues soecified on the Citv
Attomev's memorandum, the Enaineerina Deoartment comments. and resolvinq
the issue with the inlet at the trash storaae area before the Citv Commission
meetinq. Motion carried unanimouslv.
MISCELLANOUS
City Attorney Palmer briefly explained the memorandum regarding the Denial of
Application for Development Permits.
Community Development Director Wagner announced that they will have more
important projects coming before the board for December and possibly January.
ADJOURNMENT
The meeting adjourned at 9:13 p.m.
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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CE FORM 8B - REV. 1/95 PAGE I
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DISCLOSURE OF LOCAL OFFICER'S INTEREST
e
hereby disclose that on
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
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inured to the special gain or loss of Which
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:
j2"44,J
IA6-
J-- -)Y vqAA•AA-0
Date Filed
. ..... ....
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Signature
A A 114111 FE-11
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