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03-10-09 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, MARCH 10, 2009 CALL TO ORDER Chairman Sills called the meeting to order at 7:08 p.m. Following a Moment of Silent Meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Sills, Members Campbell, Dillard, McKey, and West. Also present were City Attorney Rosenthal, Development Services Director Shadrix, Planning Director Wagner, Principal Planner Rumer, Principal Planner Fabre, and Deputy City Clerk Sibbitt. ABSENT: Vice Chair Golden, Members Conkling, Morris, and Rhodus were absent excused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, February 10, 2009. Member McKev. seconded bv Member CamDbell. moved to acceot the Minutes of the February 10. 2009. Plannina and Zonina Commission meetina. Motion carried unanimouslv. OLD BUSINESS - None Member McKev. seconded bv Chairman Sills. moved to chanae the aaenda order and hear Item B. 1 fin Amendment to Ocoee/Oranae Countv/Winter Garden Joint Plannina Aareement. first under New Business. Motion carried unanimouslv. City Attorney Rosenthal informed the board that under the Land Development Code (LDC) it requires (5) five members of the Planning & Zoning Commission to constitute a quorum. They do have a quorum; however, with respect to Item B 16th Amendment to Ocoee/Orange CountylWinter Garden Joint Planning Agreement, Member West has a conflict which precludes him from voting and the LDC provides, that no action can be taken if less then (5) members are present and voting. Due to the conflict with Item B the board can not take any action on that item tonight. This does not preclude the board from continuing the opening of the Public Hearing, so at a minimum he would suggest they open the Public Hearing and continue it to a date certain so re-advertisement is not required. Planning and Zoning Commission Regular Meeting March 10,2009 NEW BUSINESS 16TH AMENDMENT TO OCOEE/ORANGE COUNTYIWINTER GARDEN JOINT PLANNING AGREEMENT Development Services Director Shadrix stated that this is a project that they have been working on for some time now; the board may recall approving the annexation and rezoning on this project. They have worked with the City of Winter Garden to address additional constraints on land uses, which will be executed via a tri-party agreement. They have every intention of working things out with Winter Garden prior to it going before the City Commission. What the board has before them, inclusive of what the City Attorney has just advised them on, is just a JPA Agreement for the 16th Amendment, which has been modified somewhat since they have started. Principal Planner Rumer gave a brief presentation on the subject property and stated the agreement before them is just as the others that have come before them, which includes boundary changes and joint planning area land use changes. In the Joint Planning Agreement that the City has with Orange County they agree on a future land use designation that allows them to then work with the property and not have to go through an amendment each time. The proposed changes are two fold. First, the two parcels fronting East Crown Point Road are proposed to be added to the JPA. Second, the JPA Future Land Use Map will be revised to provide the designation of "Light Industrial" to the subject parcels. DISCUSSION Member West stated he has a voting conflict due to his son and himself owning one of the pieces of property along the 429. Principal Planner Rumer advised the board that this project has three separate parcels with three separate property owners; however, they are presenting it as one amendment. The Public Hearing was opened for the 16th Amendment to Ocoee/Orange County/Winter Garden Joint Planning Agreement. Kurt Ardaman, City Attorney for City of Winter Garden, stated he would like to defer any comments until the next meeting. Chris Martinez, 1838 Lindzlu Street, stated the JPA agreement directly affects his neighborhood and sister neighborhood. They are deeply concerned about the land use and what will be built. They would like to see a good responsible developed piece of property for the safety of their children as they travel that road 2 Planning and Zoning Commission Regular Meeting March 10,2009 everyday to school, work, etc. They are asking the fine Cities of Winter Garden and Ocoee to please stay connected with the citizens in that area regarding the development. Member McKey. seconded bv Member CamDbell. moved to continue the Public Hearina for Item B. 1 fin Amendment to Ocoee/Oranae Countv/Winter Garden Joint Plannina Aareement to the Avril 14. 2009. Plannina & Zonina Commission Meetina. Motion carried 4-0 with Member West abstainina. HOPPER PROPERTY - Annexation/RezoninQ Principal Planner Rumer gave a brief presentation on the subject property and stated the property is located at 240 E. Silver Star Road. The applicant has asked to annex into the City of Ocoee; however, they are not requesting to hook up to City water at this time. City staff has requested a City of Ocoee zoning designation of R-1AA (Single-Family Dwelling). DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION The Development Review Committee (DRC) met on January 29, 2009, and recommended approval of the annexation of the Hopper property conditioned upon the City of Ocoee Fire Department verifying accessibility to the site. On the same day as the DRC meeting, the Fire Department was able to access the property without issues. STAFF RECOMMENDATION Based on the recommendation of the DRC, staff recommends that the Planning & Zoning Commission recommend approval of the annexation of the 1.24:!::acres of land known as the Hopper property, and rezoning to "R-1AA" Single-Family Dwelling District. DISCUSSION Chairman Sills inquired if the applicant would be required to pay water impact fees when he decides to connect to our City water. Principal Planner Rumer stated he would be required to pay all water connection fees; since there is an existing home no impact fees would have to be paid. Member McKey inquired if it would be cheaper to connect to the Robert's Rise subdivision line and go under the railroad tracks. Principal Planner Rumer stated it would be more work for the City to try to get an easement from the railroad; their hope is that the other property owners next to the Hopper property will annex in or the property to the east would agree to an easement agreement. As no one wished to speak, the Public Hearing was opened/closed for Hopper Property - Annexation/Rezoning. 3 ~ Planning and Zoning Commission Regular Meeting March 10,2009 Member CamDbell. seconded bv Member West. moved to recommend aooroval of the annexation of the 1.24t.acres of land known as the Hoooer orooertv. and rezonina to "R-1AA" Sinale-Familv Dwellina District. Motion carried unanimouslv. OCOEE TOWN SHOPS - Small Scale Comprehensive Plan Amendment. PUD Rezonina/Land Use Plan. Preliminary Subdivision Plan. and Preliminary Site Plan Principal Planner Fabre gave a brief presentation on the subject property and stated the site is located on the northwest corner of Clarke Road and West Colonial Drive (S.R. SO). The Small Scale Comprehensive Plan Amendment consists of classifying the parcel from "Professional Offices & Services" to "Commercial". The Comprehensive Plan Amendment will not go any further until the Evaluation Appraisal Report (E.A.R.) is approved. The applicant is seeking approval tonight so they can move forward with their financing. The Land Use Plan proposes a mixture of uses which are Commercial, Retail, Restaurant, Restaurant w/ a drive-thru facility, and Financial Services. The Preliminary Subdivision Plan proposes three (3) commercial lots, which are sized to fit the proposed building structures. All the lots will be serviced by a common tract (Tract "A"). Tract "A" will address the requisite infrastructure (access, parking, sidewalks, landscaping, etc.) improvements. Several oak trees at the peripheral and rear of the property are scheduled to be preserved as reflected on the Tree Protection and Removal Plan. Accordingly at Final Site Plan, the tree protection will be further evaluated with the Landscape Plan in order to optimize the tree preservation program for the site. There is an existing left-turn lane on Clarke Road that is planned to be used for the project's main entrance. There were ten waivers requested; however, four of the waivers are being requested due to the lots being designed for single site structures. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION The Development Review Committee (DRC) met on February 2S, 2009, and recommended approval of the Small-Scale Comprehensive Plan Amendment, Rezoning/PUD Land Use Plan, and Preliminary Subdivision/Site Plan for Ocoee Town Shops subject to resolving the City Attorney's remaining comments before the City Commission meeting. 4 Planning and Zoning Commission Regular Meeting March 10, 2009 STAFF RECOMMENDATION Staff recommends that the Planning and Zoning Commission recommend approval of the Small-Scale Comprehensive Plan Amendment, Rezoning/PUD Land Use Plan, and Preliminary Subdivision/Site Plan for Ocoee Town Shops subject to resolving the City Attorney's remaining comments before the City Commission meeting. DISCUSSION Chairman Sills inquired if they were just single story buildings. Principal Planner Fabre stated they are all single story. Member McKey referred to a letter sent to the Development Review Coordinator from the Assistant City Attorney and as to what the response was. Principal Planner Fabre stated they have already complied with the comments and have spoken with FOOT regarding the right-of-way. City Attorney Rosenthal stated that their main comment related to getting the title report in order so they could mail it off to the developer's for the development agreement which is primarily a City Commission timeline and is not meant to hold up P&Z action. The Public Hearing was opened for Ocoee Town Shops - Small-Scale Comprehensive Plan Amendment, Rezoning/PUD Land Use Plan, and Preliminary Subdivision/Site Plan. David Evans, Evans Engineering, was available to answer any questions and briefly gave an overview of the project. He stated they worked hard on this project and thinks they will be very excited with the project. Chairman Sills stated he knows that is a very beautiful piece of property with a lot of oak trees and he knows they will try to preserve what they can. Development Director Shadrix stated he has worked with the applicant closely on the tree protection and he knows there are a number of trees out at the site but he has personally been out there and a lot of the trees are not viable and can easily fall over. The project is a fantastic project in an urban area along an activity center. In context, having this type of development is what they want and the details on how many trees will be saved will be worked out at Final Site Plan. Member Campbell stated they are asking for a waiver of about 5% fewer parking spaces and based on the square footage what are they anticipating the seating capacity of the restaurant to be? Mr. Evans stated they did studies and internal work to determine the peak time of each one of the uses of each of the buildings. Member West inquired if they have any restaurants signed up to go into this shopping center. Mr. Evans stated he did but based on the delay he has not re-initiated those contacts. The applicant feels it will be easy to get a good restaurant in there. Member West stated this is a great development for this corner. 5 Planning and Zoning Commission Regular Meeting March 10,2009 The Public Hearing was closed for Ocoee Town Shops - Small-Scale Comprehensive Plan Amendment, Rezoning/PUD Land Use Plan, and Preliminary Subdivision/Site Plan. Member McKey stated there are a lot of trees on that property and he is not pleased with the plans and a bit discouraged with staff for glossing over something that is important. He further stated he noticed there is no retention area. He inquired as to why they were building an underground drain system that mayor may not work. Mr. Evans stated they have done a lot of work with this project and agrees that there are a lot of trees on the property. As mentioned before there are a lot of Laurel Oaks and Sand Pines and with the hurricanes that came through most of the Laurel Oaks were affected by it. Mr. Evans stated from a stormwater perspective they have about 20ft of grading in the front to the back and the property has a very steep incline so what they have done is incorporate on top of that. They have a very deep water table and sandy soil and his experience with the exfiltration type system is that it works and with the slope on this property; using the exfiltration system allows the property to have frontage. Member McKey stated he thought that they would be mirroring the east side of Clarke Road so that it would be dual ponds similar in layout and structure. Mr. Evans stated that is a feature pond and what happens with those ponds is that they disappear when you have steep grades going up and all you would see is the top of the fountain spray. A brief discussion ensued regarding the elevation of the property, the underground drain, and the waivers requested. Development Services Director Shadrix stated he feels disappointed that members of the board feel that staff has glossed over this project because he can assure them that has not been the case. They have reviewed over thirty different renderings on this project. He reminded the board that this is an urban area and urban areas in cities is where the most density and intensity occurs. The Land Development Code provides for a replacement ratio that works for when trees have to be removed. Also, this is a preliminary site plan and they will look at it closer when it gets to final site plan. Development Services Director Shadrix stated the City Engineer does a very thorough job of reviewing the drainage and he fully stays behind his staff and recommends approval on this project. Member West stated he feels it is a tremendous project and it opens up the gateway to the City. Member West. seconded bv Chairman Sills. moved to recommend aooroval of the Small-Scale Comorehensive Plan Amendment. Rezonina/PUD Land Use Plan. and Preliminary Subdivision/Site Plan for Ocoee Town Shoos oer staff's recommendation. Motion carried 4-1 with Member McKev oooosina. SILVER RIDGE CROSSING - RezoninQ 6 ._m~ Planning and Zoning Commission Regular Meeting March 10, 2009 Principal Planner Fabre gave a brief presentation on the subject property and stated the property is located in the northeast corner of Silver Star Road and Ridgefield Avenue. The applicant is requesting a PUD zoning in order to create a mix-use commercial development. The Land Use Plan proposes a mixture of uses which are: uses permitted for C-1 Zoning, Commercial Retail, Gallery/Museum, Liquor Store (No on-premise consumption), Appliance Store, Furniture Store, and Music/Radionv Shop. The Small-Scale Site Plan proposes construction of a one-story commercial building with a total building floor area of 13,515 square feet. There is a 20-foot right-of-way dedication proposed along Silver Star Road. One of the off-site improvements is that there will be a left turn lane on Silver Star Road as well as they will be widening the road. These off-site improvements will be coordinated by FDOT. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION The Development Review Committee (DRC) met on February 25, 2009, and reviewed the PUD/Land Use Plan and final Site Plan for Silver Ridge Crossing. After much discussion it was agreed upon to separate the PUD Land Plan from the Final Site Plan to better facilitate the process since small-scale site plans are approved administratively. DRC voted unanimously to recommend approval of the PUD Land Use Plan, subject to the applicant submitting a revised Land Use Plan and having the Development Agreement and Title Report finalized and executed before the City Commission meeting. STAFF RECOMMENDATION Based on the recommendation of the DRC, staff recommends that the Planning & Zoning Commission recommend approval of the PUD Rezoning and Land Use Plan, as date stamped received by the City on February 27,2009. DISCUSSION Member McKey stated he knows there were concerns about the lighting by many of the residents who live in that area. Principal Planner Fabre stated they have a code that requires that any lighting will be shielded or flat lanced and there is no spill over lighting on the property. All lighting stays on the property. Member Dillard inquired about how many parking spaces will be available. Principal Planner Fabre stated there will be 68 parking spaces. He further stated they provided what is required by code, which is one space per 200 square feet. Member McKey inquired if any of the spaces could be a small cafe or restaurant. Principal Planner Fabre stated it would be up to the applicant and the possibility 7 Planning and Zoning Commission Regular Meeting March 10, 2009 is there. Member McKey stated his concern is that if a cafe is put there they may want to put tables out side and this may not be designed for that because of the parking spaces. The Public Hearing was opened for Silver Ridge Crossing - Rezoning. David Evans, Evans Engineering, stated as the board is aware the C-1 zoning permitted the building to be designed as they have presented tonight. The new use is also consistent with the zoning. Mr. Evans further gave a brief overview of the project and the widening of the road. Ed Toperzer, 163 Hercules Court, stated this project will be built directly outside of the back of his house. He inquired as to how far were they widening Silver Star Road and about how much increase in traffic this will cause for the residents trying to get into the subdivision. Mr. Evans stated a full traffic study was required for this project and the road will be widened on both sides, as well as a full left turn lane will be added. Mr. Toperzer commented that we are going through some tough economic times and does not know how these spaces will be occupied. The Public Hearing was closed for Silver Ridge Crossing - Rezoning. Member Dillard. seconded bv Member West. moved to recommend aooroval of the PUD Rezonina and Land Use Plan. as date stamoed received bv the Citv on February 27. 2009. Motion carried unanimouslv. FOUNTAINS WEST - PUD Land Use Plan Amendment Principal Planner Fabre gave a brief presentation on the subject property and stated this project was originally approved by the City Commission on December 19, 2006. During the original approval process, lots 1 thru 3 were the most restricted due to the close proximity with the residential subdivisions across the street. Specifically, the rational for Lot 2's drive-in restriction came from residential lots being as near as 120 feet. Conventional zoning restrictions for drive-in restaurants are set at 200 feet. The applicant has requested for the change on the permitted uses chart on sheet C-10 of the Land Use Plan. The requested land use change will allow Lot 2 to have a drive-in restaurant as a permitted use. This requested Land Use Amendment will only affect Lot 2 of the Fountains West PUD subdivision. 8 Planning and Zoning Commission Regular Meeting March 10,2009 DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION The Development Review Committee (DRC) met on February 25, 2009, and reviewed the Amendment to the PUD Land Use Plan for Fountains West. There was only one outstanding issue to be addressed from the City Attorney's Office that was identified in the meeting. When discussion was finished, the Committee voted unanimously to forward the requested Amendment to the Fountains West PUD for the Commissioners review and consideration and official action. STAFF RECOMMENDATION Based on the recommendation of the DRC, staff recommends that the Planning & Zoning Commission submit its formal recommendation (approval, approval subject to conditions, or disapproval of the requested action) for the Substantial Amendment to the Fountains West Land Use Plan, as date stamped received by the City on February 10, 2009. DISCUSSION The Public Hearing was opened for Fountains West - PUD Land Use Plan Amendment. Brady Lessard stated about two years ago McDonald's was looking at lot 2 and a condition was placed not allowing a drive thru restaurant on that lot. The City Commission wanted the developer to look at lot 4; however, that lot simply does not work for the McDonald's business plan. He further stated at the time McDonald's and the developer did not have the opportunity to sit with staff, the Commission, and the adjacent property owners to hash things out. The existing development has been a neighborhood commercial center that has been successful and they are hoping to become a part of that. This time around they have had the opportunity to sit down with staff, some of the Commissioners, and they have been able to reorient the building which they hope will alleviate some concerns from the adjacent property owners. Mr. Lessard stated their next step as a team is to meet with some of the HOA's in the surrounding area so they can discuss various concerns. Justin Polk stated he feels Mr. Lessard hit most of the points and he is available to answer any questions. Chairman Sills stated he believes many of the resident's concern at the last presentation was the speakers and the sound disturbance. Mr. Polk stated a lot of people have problems with the "squawk boxes" from the old days but he has scientific data showing that the new speaker boxes from 64 ft. away have 46 decimals of volume. He can definitely say that the sound factor from the speakers will not be a concern. A drawing of the McDonald's elevation and lay-out was provided to the board members and Mr. 9 Planning and Zoning Commission Regular Meeting March 10,2009 Polk gave a brief overview of how the building would be placed and the advantages of the placement. Member McKey commented that he believes everyone that was involved with the project on the west property on the other side of the street felt that was an upscale neighborhood and did not want to put something there that would lessen its value. That is what the concerns were about and that is why they placed the conditions. Member Dillard inquired if there were other McDonald's that resembled the one they are presenting, somewhere in the City. Mr. Polk stated they do not have any in the City of Ocoee and they have only built 3-4 of the new style building around the Orlando area. He briefly explained some of the changes McDonald's incorporated to be more of a high quality restaurant. Member Campbell inquired if this was going to be a franchise. Mr. Polk stated that is not decided until after everything is complete and he believes that 70% of the stores are franchises and more than likely this one will be as well. Peter Schwab, 509 Zinfandel Court, stated he is directly across the street and was inquiring as to where the squawk box would be located. He further inquired if the board would have a quorum to vote on this item tonight since Member West abstained from voting on this the first time it was presented. City Attorney Rosenthal stated Mr. West does not have any financial interest in this project. Member West stated he did not own any of the property that was part of this development, he was the broker involved in the past; however, he is not at this time. City Attorney Rosenthal stated this is a new action and has nothing to do with the previous action. Mr. Schwab stated the Commission had knocked this down and this is the second time this is coming around. He further stated for good reason there is a condition to not allow a drive-thru in that area and that is because it is an upscale neighborhood that he lives in. Mr. Schwab briefly expressed his opposition to the McDonald's drive-thru which included noise issues. He further stated his recommendation would be for the board to reject this project as the City Commission did the first time. Kevin Stanley, 401 Merlot Drive, stated he lives across the street from the proposed McDonald's and he is also the HOA president for the Vineyards. He stated they received no contact from the developer's to try to resolve any concerns and does not believe that they are wanting to work with the residents. He further stated there are a lot of issues besides the squawk box issue that they have talked about. He further expressed his concern for not only the noise but for the traffic, McDonald's becoming a hang out for juveniles, and hours of operation. 10 Planning and Zoning Commission Regular Meeting March 10,2009 Angela Stanley, 401 Merlot Drive, stated that her husband did a good job of explaining some of the crime issues but he failed to mention a nightmare that she had to live through within the past year. She further stated since Publix has come they have had some real issues in their neighborhood such as cars and homes being broken into and shoot-outs which one incident ironically ended at a McDonald's on Clarke Road. Edgardo Sullivan, 2496 Cabernet Circle, stated he has a two story home and he too still believes the McDonald's will bring crime and become a hang out for juveniles. He would suggest a different location for McDonald's or a different type of restaurant for that location that would not have late hours of operation. Chairman Sills inquired if he felt the crime would go away if they moved the McDonald's to lot 4. Mr. Sullivan stated he does not feel it would eliminate the crime being on a different lot and he would prefer that McDonald's not build on any of the locations. He would prefer to see a different type of restaurant. Kevin Stanley stated that no one would love to see McDonald's on lot 4 but they would prefer to have the restaurant near the commercial area and not near the residents. Putting McDonald's on lot 4 would move them away from the entrance of their neighborhood and that itself will make a huge difference. Peter Schwab stated that currently with the nightclub Wild Wild West they have to hear that on Friday nights late into the night. Brady Lessard commented that they did contact Principal Planner Fabre to get the phone numbers for the HOA's and they thought it was etiquette to meet with the Commissioners first. They still look forward to meeting with the HOA. He further stated no one likes crime and they do not feel that McDonald's will create crimes that would not otherwise exist. As for the traffic, they will have the similar traffic studies for Ocoee-Apopka Road and West Road regardless if McDonald's goes on lot 2 or lot 4. There has been no discussion with staff or with anyone initiating discussion on operational hours. The Public Hearing was closed for Fountains West - PUD Land Use Plan Amendment. Member McKey stated that he feels the engineers, planners, and designers all need to look up the word buffer. A buffer is something to protect people or things from shock and he does not think Ocoee-Apopka Road is a buffer. He stated he agrees whole heartedly with the comments he made the first time this came up years ago and he voted against it. Member McKey stated that he would like for our staff to consider drive-thru as being no longer politically correct for 11 Planning and Zoning Commission Regular Meeting March 10, 2009 environmental reasons. He would have never thought that Publix would be a focal point of crime and is really surprised. Member West stated that he does not feel that McDonald's will be bringing crime. He believes the main issue may be the High School because kids are coming from so many different areas and they have different agendas. He would personally love to see a McDonald's here and would prefer to see them in lot 4. Member West. seconded bv Chairman Sills. moved to recommend aooroval for the Substantial Amendment to the Fountains West Land Use Plan. as date stamoed received bv the Citv on February 10. 2009. Motion failed 2-3 with Members Camobell. Dillard. and McKev oooosina. Member McKey. seconded bv Member CamDbell. moved to recommend denial for the Substantial Amendment to the Fountains West Land Use Plan. as date stamoed received bv the Citv on February 10. 2009. Motion carries 3-2 with Chairman Sills and Member West oooosina. MISCELLANEOUS - None ADJOURNMENT The meeting adjourned at 9:04 p.m. Attest: APPROVED: 'lJLtAM ~- JLJ:tt Melanie Sibbitt, Deputy City Clerk 12 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS 11,' t OAR~ll, COMMISSION, AUTHORITY, OR COMMITTEE [58 r< I t? ::::-K u7f~ THE BOARD, COUNCil, COMMISSION, AUTHORITY OR COMMITTEE ON WiICH I SERVE IS A UNIT OF: ITY a COUNTY NAME OF POLITICAL SUBDIVISION: a OTHER lOCAL AGENCY MY POSITION IS: a ELECTIVE 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 other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure 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-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, 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 min- utes of the meeting, who should incorporate the form in the minutes. * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, 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. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) . 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 ATTEMPT 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. ~ ;t1 '/ftJ1J I, I. I DISCLOSURE OF LOCAL OFFICER'S INTiEST We::? + , hereby disclose that on -.3 I () f ,20~: (a) A measure came or will come before my agency which (check one) V inured to my special private gain or 1055; _ inured to the special gain or 1055 of my business associate, \/,' inured to the special gain or 1055 of my relative, inured to the special gain or 1055 of whom I am retained; or inured to the special gain or 1055 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: , by , which P~dJ ~~ ~~ adi:ii:t Date Filed ~ )0 ALJ :z: ~ tJ4T NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE 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 86 - EFF. 1/2000 PAGE 2