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09/05/1989 (2) r\>{':' ,,: ,., ,,' ~\::. ',:J;, '. " - , , . . . , ',' . t. . ../ ...."...............-....~ ... DATE 1-JL~ P&Z PLANNING & ZONING BOARD /n I tJs~g .' \t.~ '>c if ~'"' .. . 1,'. , . ~:.'.. . ~i ~~{~ .~:~ . "'':' ,,' ~~~: ITEM ACI'ION . ~,', , REVISED AGENDA PLANNING & ZONING BOARD MEETING TUESDAY, SEPTEMBER 5, 1989 - 1:30 PM (.~",'- \""'<<..;, " \ PLEDGE OF ALLEGIANCE INVOCATION A. Approval of minutes of July 18, 1989 CONDmONAL USFS: ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined below: 1. The Chairman reads froDl the Public Hearing Notice each item as it is presented. 2. The Planning Director advises the Board of any pertinent background information. 3. The applicant or his representative presents his case. 4. Persons who support the application speak. 5. The ,Planning Director presents any supporting written documents. 6. Persons who oppose the application speak. 7. The Planning Director presents any opposing written documents. 8. Persons supporting the application (other than applicant) may speak in rebuttal. 9. Persons opposing may speak in rebuttal. 10. The applicant has an opportunity for fmal rebuttal. 11. The Board makes a decision. FLORIDA STATUTE 286.0105 STA l'ES: ANY PERSON APPEALING A DECISION OF THIS BOARD MUST HA VB A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL. (.:,', " , , B. Conditional Uses: 1. (CONTINUED FROM 6(1:1/89 and 7/16189) Lot 1 less south 385 feet, Sever Park (880 U.S. Hwy. 19 South.) South Gate Park, Inc.ffondelIi Engineering CU 89-42 Request - Outdoor COInDlercial Recreation/Entertainment Zoned - CH (Highway Commercial) Request - Boat Lift in Existing Slip Zoned - CR-28 (Resort Commercial) AND AL/C (Aquatic Lands/Coastal) 2. Bayway Shores Condominium, Slip #8 (640 Bayway Boulevard) Robert E. Scott CU 89-59 (. P & Z AGENDA 1 09/05/89 , ;~.,.:.:...:." ,""', .,",>,;',,~"';~H-...i. ~\'\.";:f'.~~i'"~~'~~\'~ . 3. Lots 1-10, Elk. A, Belleair Highlands AND Lots 1-12, Belleair Highlands 1st ('u_\ Addition (1465 South Ft. Harrison Avenue) ,. Ted P. Wittner (Le Petit Cafe) CU 89-60 Request - 2-COP (On Premise Consumption of Beer and Viine) Zoned - CG (General Commercial) AND RM-8 (Multiple Family Residential) 4. Lot 1, Sub. of Radisson Bayside Hotel (1261 Gulf Boulevard, Suite 125) Anthony A. Petrarca (Sand Key Market) CU 89-61 Request - 2-APS (Package Sales of Beer & Wine) Zoned - B (Business) 5. Lots 1-10, Elk. A, Gunn's Addition (2086 Gulf-to-Bay Boulevard) SDS Investments Parker CU 89-62 Request - Outdoor Retail Sales, Displays and/or Storage and ,(,.;..: Vehicle Service Zoned - CG (General Commercial) ;';:.::0 6. Lots 3, 4 and 5, South Park Subdivision (520 Howard Court) Workman Enterprises, Inc. CU 89-63 Request - Indoor Storage and/or Warehousing Zoned - CG (General Commercial) 7. M&B 14-04, Sec. 13-29-15 (2171 Rainbow Drive) SDS Investments CU 89-64 Request - Outdoor Retail Sales, Displays and/or Storage Zoned - CG (General Commercial) (' ,.' ,,~.~ P & Z AGENDA 2 09/05/89 , ' :. J " " ," t 8. M&B 89-65, Sec. 10-29-15 (1045 North Greenwood Avenue) (''''''. Willow Run, Inc. . I CD 89-65 Request - 4-COP-SR (On Premise Consumption and Package Sales of Beer, Wine and Liquor) Zoned - RM-24 (Residential Multiple Family) WIth PROPOSED REZONING TO CNG (North Greenwood Commercial) 9. M&B 32-05, Sec. 2-29-15 (1453 Sunset Point Road) Anne M. Caballero CD 89-66 Request - Veterinary Office with Inside Boarding Zoned - OL (Limited Office) 10. Lots 2 & 3, Miller's Replat (7 Rockaway Street) Charles and Ypapanti Alexiou CD 89-67 (", Request - Rental of and Instruction for ~ ' Non-Motorized Watercraft ',;;" .. AND Rental of Parasailing and Wave Runner Equipment Operating Seaward of Designated Swimming Area in AL/C (Aquatic Lands/Coastal) Zone Zoned - CR-28 (Resort Commercial) l' ' ~ '1;0. , /. "'-'...... P & Z AGENDA 3 09/05/89 . ", ~", r" ~ -', ANNEXATION. ZONING.. LAND USE PIAN AMENDMENTS. AND LOCAL PLANNING AGENCY REVIEW: " ~;.-~ (1) Statement of case by applicant - 5 minutes (2) Presentation by staff. 5 minutes (3) Comments from public in support/opposition: individual . 3 minutcs spokesperson for grollp - 10 minlltes (4) Public Hearings are closed (5) Discussion! Action by Board c. Annexation and Zonin~ 1. M&B 41.08, Sec. 5-29.16 (Located approximately 300 ft. south of the eastern terminus of C.R. 193) (Hyde) A 89-15 Request - Annexation and Zoning, RS-6 (Single Family Residential) 2. Lots 1-3, Elk. E, Jurgcn's Addn. to Clearwater (Located on the southwest corner at the intersection of Metto and Vine Streets (CrawfordIHancock) LUP 89-9, Z 89-11 " Request - Land Use Plan Amendment From: Low Density Residential To: Commercialffourist Facilities AND Zoning Amendment From: RM-8 (Multiple Family Residential) To: CN (Neighborhood Commercial) 3. Land Development Code Text Amendment: Chapter 134, Amending Sections 134.008, 134.010, 134.012, and 134.013 Relating to Exempt Signs, Additional Identification Signs Based Upon Public Street Frontage, Pole Signs and Window Signs LDCA 89-10 D. Chairman's Items E. Director's Items I ~, F. Board and Staff Comments P & Z AGENDA 4 09/05/89 . ~.: ',' '. . MIN1JTFS PLANNING & ZONING BOARD TUESDAY, SEPTEMBER 5, 1989 - 1:30 PM ( "'-". Chairman Johnson, Ms. Nixon, Messrs. Ferrell, Green (arrived at 1:40 PM), Hamilton, Mazur, and Schwab A. Motion was made by Ms. Nixon, seconded by Mr. Mazur, to delay approval of the minutes of the July ~ 1989 meeting to tl1e end of the meeting. Motion carried unanimously (6 to 0). Members Present: Chairman Johnson outlined the procedures for conditional uses and advised tbat anyone adversely affected by a decision of the Planning and Zoning Board, with regard to conditional uses, has two weeks from this date in which to file an appeal through tbe City Clerk's Office. Florida Law requires any party appealing a decision of this Board to have a record of the proceedings to support the appeal. ITEMS ARE USTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED IN THAT ORDER. B. CoJlditional Uses: 1. (CONTINUED FROM 6fJ:7189 and 7/16/89) Lot 1 less south 385 feet, Sever Park (880 U.s. Hwy. 19 South) South Gate Park, Inc.rrondelli Engineering CD 89-42 Request - Outdoor Commercial Recreation/Entertainment Zoned - CH (Highway Commercial) Mr. Hilton presented tbe background of the case and submitted, in writing, the staff recommendation. t' ~~ . .:~~':. >.,'. Atty. Tunothy Johnson, representative of applicant, stated applicant requests the request be continued to the Planning and Zoning Board Meeting of September 19, 1989, in order for applicant to meet with the neighboring residents of South Gate Mobile Home Park. He advised the applicant wishes to attempt to work out differences with the residents concerning the proposed project. Mr. Schwab felt it is an excellent idea for the applicant to meet with neighboring residents to work out any difficulties with the proposed project. . Motion was made by Mr. Schwab, seconded by Mr. Hamilton, to continue the above request to its meeting of September 19, 1989. Motion carried unanimously (6 to 0). Mr. Green arrived at 1:40 PM. 2. Bayway Shores Condominium, Slip #8, (640 Bayway Boulevard) Robert E. Scott CU 89-59 Request . Boat Lift in Existing Slip Zoned - CR-28 (Resort Commercial) AND AL/C (Aquatic Lands/Coastal) Mr. Richter presented the background of the case and submitted, in writing, the staff recommendation. Mr. Robert E. Scott, applicant, stated Bayway Shores Condominium Association and the developer of the property previously approved the installation of a boat lift. After questioning by Board members, Mr. Scott advised as follows: The slip was previously rented before he bought a condominium at the location; Mr. Scott does not plan to rent the slip; and, Mr. Scott has a boat to hang in the lift. No persons appeared in support of or in opposition to the above request. \ .......... Motion was made by Mr. Schwob to approve the above request subject to the following: 1) That the requisite building permit be obtained within six (6) months. Mr. Mazur suggested a condition be added that the slip only be for the lIse of the condominium owner. Amended Motion was made by Mr. Schwob, seconded by Mr. Mazur to approve the above request subject to the following: 1) That the requisite building permit be obtained within six (6) months; and 2) That the approval is granted to the owner of the condominium unit and neither the slip P & Z MINUTES 1 09/05/89 nor the boat lift shall be rented. It was suggested that the motion be further amended to mean the occupant of the condominium in the event the condominium is rented. ~r f After questioning by Board members, Mr. Scott advised that the boat slips may be owned independently of the condominiums. Discussion followed regarding ownership of boat slips and condominium units. Mr. Scott was advised that it has been Eoard policy to approve marinasJboat slips with the condition that slips be for the sole use of the condominiums. Mr. Scott advised that if he sells the condominium in the future he will also sell the boat slip. Amended Motion was made by Mr. Schwob, seconded by Mr. Green, to approve the above request subject to the following: 1) That the requisite building permit be obtained within six (6) months; and, 2) That the dock space and lift be for the sole use of the condominium occupant. Motion carried unanimously (7 to 0). 3. Lots 1-10, Blk. A, Belleair Highlands AND Lots 1-12, Belleair Highlands 1st Addition (1465 South Ft. Harrison Avenue) Ted P. Wittner (La Petit Cafe) CU 89-60 Request - Zoned - 2-COP (On Premise Consumption of Beer and Wine) CO (General Commercial) AND RM-8 (Multiple Family Residential) Mr. Pruitt presented the background of the case and submitted, in writing, the staff recommendation. Mr. George Alexander Imbert, owner of business, stated he would like to serve beer and wine to complement his meals (see menu attached). After questioning by Board members, Mr. Imbert advised as follows: There will be outside seating; there will be no speakers in the outdoor area; the limited space and number of staff people make it difficult to expand the proposed hours of operation; and, he has had a very small operation in Madeira Beach for 2 1/2 years but, due to the small size of that operation, it would have been too expensive to obtain an alcoholic beverage license. In opposition to the abo,'e request, the following person appeared to give her comments: 1t t ~ Mrs. Lois Cormier. 625 McLennan Street. stated she expressed concern about the subject building 3 years ago. She expressed concern that the request would be a detriment to the neighborhood, particularly with the outside seating. She felt alcoholic beverages would not be compatible with the neighborhood, noise could damage the value of the surrounding properties, and the request might impose an unnecessary burden on residents. She expressed concern about increased traffic. Mrs. Cormier suggested, if the request is approved, that the Board require a 6-month review of the operation. After questioning by Ms. Nixon, Mrs. Cormier stated she has not been to the restaurant and did not know it was open for business. In rebuttal, Mr. Imbert statcd he only wants to sell beer and wine and he is not opening a bar. After questioning by Board members, Mr. Imbcrt advised as follows: There are 36 seats inside and 10 seats outside; anticipated clientele is usually middle-income couples over 21 years of age; and, he personally supervises the operation 7 days a week. Ms. Nixon stated she visited the establishment and felt it was not the kind of place primarily used for drinking alcoholic beverages. She stated the establishment is not currently selling alcoholic beverages and felt it was a very upscale-type operation. Mr. Schwob felt this type of operation with the proposed hours of operation does not appear to be a detriment to the neighborhood. Discussion followed regarding a review of the request in 6 months or one year. The Board felt a review was not necessary except for those places that have created problems in the past. Motion was made by Mr. Schwab, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) That appropriate interior floor area and seating variances be obtained from the Development Code Adjustment Board; 2) That a variance to the separation requirement from residential zones be obtained from the City Commission; 3) That hours of operation be restricted to 8:00 AM to 3:00 PM; 4) That light from signs and other illuminating fixtures be directed toward South Fort Harrison Avenue and/or away from the residential ~~ zones located to the east and southeast; and 5) That the requisite occupational license be procured within six (6) \",. . months. Motion carried unanimously (7 to 0). P & Z MINUTES 2 09/05/89 ,r ( Request - Zoned - 2-APS (Package Sales of Beer & Wine) B (Business) 4. Lot 1, Sub. of Rauisson Bnysidc Hotel (1261 Gulf Boulevard, Suite 125) Anthony A. Petrarca (Sand Key Market) CU 89-61 Mr. Hamilton declared a possible conflict of interest (see attached) and advised he will not participate in the discussion or vote on the above request. Mr. Pruitt presented the background of the case and submitted, in writing, the staff recommendation. Atty. Claire Carraway, representative of applicant, stated the applicant is requesting approval of a 2-APS license for package sales of beer and wine. She stated no variance to separation distance will be required because applicant has agreed to no delivery between 10:00 PM and 6:00 AM and there will be 110 building opening within 50 feet of the residential district. She also stated this will be the only establishment in the center which will sell alcoholic beverages for off-premise consumption. She advised the market is a new concept for the applicant who wishes to cater to the needs of hotels and condominiums in the area. She also advised applicant estimates 7% to 10% of sales will be beer or wine. She stated the store will not be a convenience store but will be an upscale market named "Market on Sand Key" or something similar. She also stated no beer advertisements, etc., will be in the windows and the building will blend in with the shopping center. She further stated the complex has a private secwity guard on duty. After questioning by Board members, Ms. Carraway advised as follows: The store will be opened 24 hours a day but beer and wine sales will be governed in accordance with State law; and, the private security guard is part of the complex. In opposition to the above request, the following persons appeared to give their comments: Ms. Marvann Burris.. Unit 203 Landmark Towers. 1230 Gulf Boulevard, expressed concern about empty beer bottles and cans and about drunk driving. She felt the Board should not make it easier to purchase beer and wine for off-premise consumption. She stated the area is primarily residential and both the Radisson and Sheraton sell mixed drinks. j;~~ ~; ';",' Ms. Faith Malone, Unit 408 Landmark To"We~ 1230 GuIfBoulevard felt there is ample opportunity to purchase alcoholic beverages on Sand Key and she felt the proposed operation will be very accessible to users of the public beach. She expressed concern that boisterous activity could not be curtailed. After questioning by Board members, Ms. Malone advised as follows: She stated there are 216 owners in Landmark Towers; the association meeting is scheduled for tonigltt and the owners have not met to take a vote on tbe operation; and, she felt a 10:00 PM limitation might help but felt alcoholic beverage sales is not necessary. In rebuttal, Ms. Carraway stated applicant will have private security to eliminate drinking and most of the people catered to would be guests of the hotels and residents. She also stated the owner of the property will not allow the complex to become a hangout for kids. After questioning by Mr. Mazur, Ms. Carraway advised there are restaurants with the Radisson and mini bars in the rooms of Radisson. but the beer is very expensive from the mini bars. She also advised the applicant has the option to cancel the lease if the sale of alcoholic beverages is not approved. Mr. Green stated he is not in favor of a limitation of hours to sell alcoholic beverages and felt, if there is a limitation, it should be later than 10:00 PM. Mr. Schwob felt the problems in the past with Pick-Kwik may be causing some concern for the Board but felt the subject request was more of a supermarket rather than a convenience store. He also felt there are many safeguards built in to the complex. He suggested this may be one of those requests the Board may want to look at after a 6-month or one-year trial period. J . \,., Ms. Nixon felt Sand Key is different that other places and felt the alcoholic beverages sales should be permitted no later than 11:00 PM. She felt an upscale place does not need to be opened after 11:00 PM. Ms. Carraway advised the applicant would accept a limitation of no alcoholic beverages sales after 11:00 PM. Motion was made by Mr. Schwob to approve the above request subject to the following: 1) That, except for Sunday sales limitations, alcoholic beverage sales be limited from 8:00 AM to 11:00 PM; and, 2) That the occupational license be procured within six (6) months. Discussion followed regarding whether it is necessary to review the request in six months or one year. Mr. Schwob felt it would be a good idea since the request is unique. Amended Motion made by Mr. Schwob, seconded by Ms. Nixon, to approve the above request subject to the P & Z MINUTES 3 09/05/89 . ".,. " ~"' "" c... " ;.', ....;. ,'~. .i,) '.;:~ ;:,,','l:-;,~ : "~; >>~.'~',! ;. '.;;,:.;.; ,'. '~"'.l"""<'.';.) \'. ' Request - Zoned - Indoor Storage and/or Warehousing CG (General Commercial) following: 1) That, except for Sunday sales limitations, alcoholic beverage sales be lilnited from 8:00 AM to 11:00 PM; 2) That the occupational license be procured within six: (6) months; and, 3) Thut the request be reviewed within one year of opening. Motion carried (6 to 0). rJ.,"\ ~ 5. Lots 1-10, Blk. A, Gunn's Addition (2086 Gulf-to-Bay Boulevard) SDS Investments/Parker CU 89.62 Request - Zoned - Outdoor Retail Sales, Displays and/or Storage and Vehicle Service CG (General Commercial) Mr. Hilton gave the background of the case and submitted, in writing, the staff recommendation. Atty. Emil C. Marquardt, attorney for applicant, stated applicant is requesting to tie the subject property in with the existing operation. He advised the use will be like a parts shop. After questioning by Mr. Schwob, Mr. Marquardt stated there will be no major repairs and that only detailing will take place. He advised he has no objection to a condition of approval be included that no major repairs be allowed. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwab, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) That permits be obtained within time limitations of the certified site plan; 2) That landscaping be provided along the front yard areas fronting on Gulf-to-Bay Boulevard; and, 3) That there be no major repairs as stated in Section 136.025(c)(27)(d) of the Land Development Code. Motion carried unanimously (7 to 0). 6. Lots 3, 4 and 5, South Park Subdivision (520 Howard Court) Workman Enterprises, Inc. eu 89.63 (~. "";+' Mr. Hilton gave the background of the case and submitted, in writing, the staff recommendation. Mr. Roy Workm=ln, representative of applicant, stated room has been made to store electronic parts for security system. After questioning by Board members, Mr. Workman advised as follows: The new building mIl very closely match the existing building; and, the proposed use will not be a continuation of mini-warehouse but office and storage space is planned. Ms. Nixon expressed concern about drainage in the area. Mr.Workman stated applicant is currently applying to SWFWMD for review and applicant expects to retain all drainage on site. Mr. Hamilton stated the 3.85 acre site will require site plan review and drainage will be taken care of at that time. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, seconded by Mr. Schwob, to approve the above request. Motion carried unanimously (7 to 0). 7. M&B 14-04, Sec. 13-29-15 (2171 Rainbow Drive) SDS Investments eu 89-64 Request - Outdoor Retail Sales, Displays and/or Storage Zoned - CG (General Commercial) l,., Mr. Hilton gave the background of the case and submitted, in writing, the staff recommendation. Atty. Emil C. Marquardt, the specific request of applicant is for outdoor storage. He advised the property has just recently been purchased. He stated new cars will be stored on the lot but will not be accessible to customers. He expressed concern about some of the conditions of approval as the property's use will not change. He felt requiring a specific number of parking spaces should not be required and felt parking requirements are designed for uses adjacent to other uses. He stated the compacted shell surface has been on the lot for several years. He stated there will not be in an out traffic as the use is not a sales lot. He felt the compacted shell base is more pervious than a concrete base. He requested a condition of approval that the use be limited to outdoor storage P & Z MINUTES 4 09/05/89 : 'Ji~ .,' :... .,:,~"("j~'~' :\~<,t~,:'::~'J'~~~:{, ;.;\.~;b.t~':;:.~~'~{3.;';",,-iY\~.f:....;;~: .\J,.t., . ' 4-COP-SR (On Premise Consumption and Package Sales of Beer, Wine and Liqllor) RM-24 (Residential Multiple Family) With PROPOSED REZONING TO CNG (North Greenwood Commercial) Mr. Richter gave the background of the case and submitted, in writing, staff recommendation. Request - Zoned - t-" \ should be sufficient. After qllestioning by Board members, Mr. Marquardt advised as follows: Applicant bas no problem with landscaping requirement; applicant would prefer to have the usc restrictcd to storage rather than sales and displays to keep the shell surface of the lot; customers do not go to the lot; and, applicant does not want to pave the lot. Mr. Richter clarified that it is not this Board's decision whether the parking be paved and wbether parking should be provided for customers. Mr. Richter stated the applicant would have the option of meeting with staff !lnd possibly with the City Attorney. Mr. Green stated if the request is approved with staff recommendations there would be no opening for discussion ~th staff of conditions. No persons appeared in support of or in opposition to the above request. Motion was made by Mr.Schwob, seconded by Mr. Hamilton, to approve the above request subject t() the following: 1) That the parcel be used for storage only; 2) That landscaping be provided bctween the existing fence and rights-of-way of Rainbow Drive and Main Avenue; and, 3) 1'nat the requisite permits be obtained within six lllonths. Motion carried unanimously (7 to 0). 8. M&B 89-65, Sec. 10-29-15 (1045 North Greenwood Avenue) Willow Run, Inc. eu 89.65 /: ~r" Mr. Andrew Rylkiewi~ shareholder, requested approval as soon as possible. After questioning by Board lllembers, Mr. Rylkiewicz advised as follows: The new owners plan an upscale clientele and prices will be raised to attract a more upscale market, because higher prices may bring new business to the neigl1borhood; the new lllenu will include fried shrimp for $10.00 and buffalo wings for $3_25; Mr. Rylkiewicz will remain in New Jersey; Johnny Long was a consultant under the previous ownership and Mr. Bridges was the former owner; A.A_J.R. is tbe new business owner; and, Mr. R ylkiewicz participates in a catering house in the Nortn. Mr. Hamilton expressed concern about the area and he felt not enough questions were answered regarding the new operation. After questioning by Mr. Hamilton, Mr. Rylkiewicz stated that, to the best of his knowledge, Mr. Long was a consultant to the "Blue Fountain." After questioning by Mr. Green, Mr. Rylkiewicz stated applicant is proposing to redo interior and exterior and, when he was referring to upscale, he was referring to the architecture and the color. After questioning by Mr. Schwob regarding the extensive police incidents, Mr. Rylkiewicz stated a security guard will be inside and outside. Mr. Edward Worrell, architect for applicant, stated he is involved with the North Greenwood Task Force. He advised as follows: tbe nightclub/restaurant/lounge is very important; Mr. Long intends to l1ave tight secwity, he wants to insure there are no further problems, and he is determined to make the operation a success; Mr. Long plans to provide valet service in the rest room, etc. to avoid any possible drug buys; tl1ere will be boun.cers at the doors; and, Mr. Long's ultimate goal is to serve food during the date with no alcoholic beverage sales. Mr. Worrell stated the only way the area can be improved is to get the City's help to make the improvements_ Mr. Hamilton clarified the Board wants all facts prior to granting approval. He stated that usually this Board doesn't question a change of business ownership but the Board wants to question the person who wants to run the business. After questioning by Mr. Green, Mr. Worrell stated Mr. Long has about $125,000 to $150,000 invested in the operation. He clarified that the reason Mr. Long is not present is because he is presently willi bankers trying to secure financing. No persons appeared in support of or in opposition to the above request. ( Mr. Schwob felt this was not a typical case and but he has concerns about not being able to question the new \ management. ..~. - P&ZMINUTES 5 09/05189 ('" 't, Mr. Hamilton slaled there is a major expansion involved and felt the Board shoald have the opportunity to question the proposed owner. Mr. Green felt the architect did a fine job in explaining but lIe felt since Mr. Long will be the resident owner, the Board should have the opportunity to question him about the proposed operation. Motion was made by Mr. Schwob, seconded by Ms. Nixon, to continue the above request to the Planning and Zoning Board Meeting scheduled for September 19, 1989 in order to question Mr. Long about the proposed operation. Motion carried unanimously (7 to 0). Mr. Ferrell left the meeting at 3:35 PM. The Board recessed at 3:35 and reconvened at 3:45 PM. 9. M&B 32-05, Sec. 2-29-15 (1453 Sunset Point Road) Anne M. Caballero CD 89-66 Request - Zoned - Veterinary Office with Inside Boarding OL (Limited Office) Mr. Hilton gave the background of the case and submitted, in writing, the staff recommendation. Mr. Robert Philippi, representative of applicant, stated the Doctor has been in practice two doors away for three years. He also stated that, to his knowledge, there have been no complaints. After questioning by Mr. Schwob, Mr. Philippi stated the building will be enclosed and no one should be disturbed. He stated applicant plans a very clean and nice operation. He also stated there will be a small exercise area where one animal at a time will be exercised. After questioning by Ms. Nixon, Mr. Philippi stated the length exercise run will be 155 feet long and 8 or 9 feet wide. In opposition to the above request, the following person appeared to give his comments: C.. ,;,~" '; ....,.., Mr. Georg,e Charles Smith. 1910 Brvan Drive. adiacent ll["()perty owner. stated he will be operating a cafe and felt an office next door to the cafe would be more appropriate than a veterinary office. He felt the veterinary office would be detrimental to the cafe. He expressed concern about cleanliness and noise. He stated his cafe is the only one in the area and he expects to open around September 20 or 25. In rebuttal, Mr. Philippi stated the animals will be completely within the building, which is to the extreme rear of the property, a.nd will be 30 to 40 feet behind other buildings. He felt the applicant would not be in objection to providing a feuce and he felt getting the animals in and out of the building should be no problem. He advised applicant proposes only one access, there would be no evening activity, and there should be a minimal affect on the area. He felt the improved property should be an asset. He stated that the landscape ordinance will be met and the retention area is in the front of the building which will add green space. Ms. Nixon stated she would have no objection if landscaping of a minimum height would be required. Mr. Schwob felt that, with requiring soundproofing and landscaping, as well as the proposed hours of operation, the operation should not interfere with the restaurant. Motion was made by Ms. Nixon, seconded by Mr. Schwob, to approve the above reqaest subject to the following: 1) That a four-foot, solid hedge be planted around the perimeter of the property; and, 2) That tbe certificate of occupancy be obtained within two years. Motion carried unanimously (6 to 0). 10. Lots 2 & 3, Miller's Replat (7 Rockaway Street) Charles and Ypapanti Alexiou CD 89-67 l., Request - Rental of and Instruction for Non-Motorized Watercraft AND Rental of Paras ailing and Wave Runner Equipment Operating Seaward of Designated Swimming Area in AL/C (Aquatic Lands/Coastal) Zone Zoned - CR.28 (Resort Commercial) Mr. Hamilton declared a conflict of interest (see attached) and advised he 'Will not participate in the discussion or vote on the above request. P & Z MINUTES 6 09/05/89 . ..~ <i':'~;:'d:"~~'''iX ;J:"*'<,~ "<,':;;,.~~;,;~J';':1f .tiii;~)_~,:;\~~""{i,: ~~~~~;./!; ,~: ~,.:, I i i ! \ I I \ r I I (" Mr. HUton gave the background of the case and submitted, in writing, the staff recommendation. Mr. Nark Robinson, representative of applicant, stated his prior business was operated for 15 years, he does not rent sailboats, everyone has an instructor with himlher, and activities are supervised. He also stated that the 27- foot catamaran has been operated 8 or 9 years but he has no objection to not renting the 27-foot catamaran. He stated he currently has six smaller catamarans and one sunfish but he does not rent the sunfish in the afternoon. He stated if the Board allows rental of only two catamarans he would not have enough. After questioning by Ms. Nixon, Mr. Robinson stated he currently has six catamarans but has had as many as 15 in the last 15 years. He added there have been no injuries, during the week there are two instructors, and during the weekend there are two or three instructors. After questioning by Mr. Schwab, Mr. Robinson stated he did discuss the operation with the Harbormaster. In support of the above request, the following person appeared to give her comments: Ms. Ann Garris. 38 Aca~ stated the beach is a sailing center. Sne felt the operation is a real asset on the beach. She stated the operation is not a proliferation of this type of operation but is merely a change of location. In opposition to the above request, the following person appeared to give his comments: Atty. Harry Cline. representative of Clearwater Beach HoteL stated the facility will be on the property line. He felt boats need not be run from the beach. He stated the Clearwater Beach Hotel is a family-run operation and expressed concern that there will be a corridor of boats lined next to the Clearwater Beach Hotel. He felt the operation should be in a more public area, such as the sailing center at Sand Key, and felt the operation would be detrimental to the Clearwater Beach Hotel. f':' (,. "')1.'. In rebuttal, Mr. Robinson felt, if there should be any problems with his operation, those problems could be corrected with communication with the Cleanvater Beach Hotel. He stated there has always been sailing on Clearwater Beach and he is trying to have a clean operation. He also stated the sign-up sheets for rental of his boats indicates many of his customers are from Clearwater Beach. He felt the operation would not be a detriInent to the beach and the operation is very attractive. After questioning by Ms. Nixon, Mr. Robinson stated the operation will be within the property lines of the Penguin Palace. Mr. Schwob stated he respects the Harbormaster's opinion and would be very hesitant to vote against a recommendation made by the Harbormaster. Ms. Nixon stated she does not think two catamarans would allow the business to work and felt four to six boats should pose no problem. Mr. Schwob stated he would specifically like to question the Harbormaster concerning the request. Mr. Mazur stated he would give a lot of weight to the Harbormaster's recommendation if it was a new operation or if there had been problems at the previous location. Ms. Nixon felt a business that has been in operation for so many years without accidents should not be penalized. Motion was made by Mr. Schwab, seconded by Mr. Green, to continue the above request to the Planning and Zoning Board Meeting of September 19, 1989, in order to question the Harbormaster or Assistant Harbormaster. Motion carried (5 to 0). c' P & Z MINUTES 7 09/05/89 :'; ,~",'.4.1..\1' "~';,, ,.'\""- ,,;, '\' ..:"':';')'~'~,/..~,~j'tf~'J...../:' If"" ~I: ^..... Zoning Amendment From: RM-8 (Multiple Family Residential) To: CN (NeiglIborhood Commercial) C. Annexation and Zoning;: 1. M&B 41.08, Sec. 5-29-16 (Located approximately 300 ft. south of the eastern terminus of C.R. 193) (Hyde) A 89-15 ("". , Request. Annexation and Zoning, RS-6 (Single Family Residential) 1'he above property is located approximately 300 ft. south of the eastern terminus of C.R. 193. Mr. Richter gave the backg;round of the case and submitted, in writing, the staff recommendation. Atty. TlID. Johnson, Jr., representative of property owner and prospective buyer, stated the property is currently zoned AE in the County. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, seconded by Mr. Schwab, to recommend approval of the annexation and RS-6 (Siogle-Family Residential"Six") zoning. Motion carried unanimously (6 to 0). 2. Lots 1-3, Blk. E, Jurgen's Addn. to Clearwater (Located on the southwest corner at the intersection of Metto and Vine Streets ( CrawfordlHancock) LUP 89-9, Z 89-11 Request - Land Use Plan Amendment From: Low Density Residential To: CommerciallTourist Facilities AND The above property is located on the southwest corner at the intersection of Metto and Vine Streets. Mr. Richter gave the backg;round of the case and submitted, in writing, the staff recommendation. Mr. Robert Root, representative of property owner, stated the proposed zoning would make the entire block Neighborhood Commercial and he felt approving the change would be an. asset to the area. After questioning by Mr. Johnson, Mr. Root stated the two-story building is 80% complete and there is an. apartment on the second floor and storage on the first floor. Mr. Root felt the area has many different uses and was slowly improving. After questioning by Ms. Nixon, rdr. Root stated his ultimate goal would be an office use sllch as an architect and if he can't get the zoning approved he will use the property for personal use. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwab, seconded by Mr. Green, to recommend denial of tile Land Use Plan amendment from Low Density Residential to Commerciavrourist Facilities and the Zoning Atlas amendment from RM.8 (Multiple FllIllily Residential "Eight") to eN (Neighborhood Commercial). Motion carried unanimously (6 to 0). 3. Land Developnent Code Text Amendment: Chapter 134, Amending Sections 134.008) 134.010, 134.012, and 134.013 Relating to Exempt Signs, Additional Identification Signs Based Upon Public Street Frontage, Pole SigllS and Window Signs LDCA 89-10 C, Mr. Richter explained the background of the Code amendment and submitted, in miting, the staff recommendation. P & Z MINUTES 8 09/05/89 '" . . " ' . /. .." . , ." . .',' .,.. . .' " ." " ", " " . (' ""\4 ~..'. . . ~..~ . , , ..." The Board discussed the need for 24-squarc foot signs being allowed cvery 5,000 feet. Ms. Nixon felt the sign ordinance was fillC as it is written. No persons appeared in support of or in opposition to the above item. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to recommend approval the proposed ordinance with the following changes: o The cumulative area of temporary and permanent window signs 110t exceed 50% of the area of the window, rather than the current 65% limit. o Menu signs be permitted on exterior walls, in doors, or inside and visible through windows or doors of a restaurant. o Building identification signs be permitted on the basis of one sign per office building containing a minimum of 40,000 square feet rather than one sign per building per property that is developed with two or more buildings have more than 40,000 square feet. o Permanent window signs be permitted to cover 20% of the area of a window in lieu of the current 15% limit. o The allowable area for pole signs be permitted to be divided and placcd as two signs on the same pole. o Multiple signs in windows of an occupancy be permitted under one application and one fee. Motion carried unanimously (6 to 0). Motion was made by Mr. Schwob, seconded by Mr. Mazur, to recommend approval of the proposed ordinance with the following additional change: o Identification signs for properties with generous strect fTontage continue to be permitted on the basis one sign per 500 feet of frontage, but the practice of requiring that the signs also mark driveway entrances to the property be discontinued. Motion carried (4 to 2) with Ms. Nixon and Mr. Johnson voting "nay." Motion was made by Mr. Schwob, seconded by Mr. Mazur, to recommend approval of the proposed ordinance with the following additional changes: o That the surface area for permanent window signs not exceed two times tIle business identification sign size allowed or 20% of the area of a window, whichever is less. Motion carried unanimously (6 to 0). D. Chairman's Items Reconsideration of condition "b" ()f approval of August 1, 1989 RE: FRATERNITY HOUSE, CU 89-53 Mr. Richter advised that the condition of approval was that the property be brought into conformance with the Code. He also advised that the property currently has very little open space. Mr. Richter stated, since the condition was placed on approval of the request, staff has worked with the applicant and it was discovered that it is very difficult to provide open space. He also stated the applicant is able to provide about 1,800 square feet of open space but will not meet the 15% open space required for the lot. He advised staff recommended approval of the amended condition as foUows: That six (6) parking spaces be converted to open space to make the property more closely conform to the open space requirements of the Development Code. After questioning by Mr. Mazw', MI.. Richter stated, if the applicant requests approval of a variance to the open space requirement, the condition of approval placed by the Planning and Zoning Board would still not be met. Mr. Ted Barber of the Fraternity Hoose stated the property has been under the same ownership for 20 years. He stated that in order to meet the open space requirements the building would have decrease in size. P & Z MINUTES 9 09/05/89 RB: Minutcs of July 18, 1989 .,4. . . ~ ' '/'. (". Motion was made by Mr. Green, seconded by Ms. Nixon, to amend Condition "b" of approval of August 1, 1989 as follows: That six (6) parking spaces be converted to open space to make the property more closely conform to the open space requirements of the Development Code. Motion carried unaninlously (6 to 0). The Board requested staff clarify if it has the authority to change a condition of approval. Staff was directed to obtain clarification from the City Attorney's office. F. Board and Staff Comments Discussion followed regarding the motion made on the proposed changes in the Rules and Regulations of tbe Planning and Zoning Board. Ms. Moore clarified that at the meeting of August 1, 1989, the Board discussed tbe possible confusion that took place in regard to the changes. She stated the Board, at its meeting of August 1, 1989, requested staff to redraft the Rules and Regulations with proposed changes and bring them to the Board for its consideration a second time. A. Motion was made by Ms. Nixon, seconded by Mr. Schwob, to approve the minutes of the July 18, 1989 meeting as written. Motion carried unanimously (6 to 0). Meeting adjourned at 5:50 PM. t'....; ~~,' J j"" ; ~h P & Z MINUTES 10 09/05/89 : . .' " . . . . ~,,' . ". .. ....... . , . ','. _: '. .' .., '.' I .' : . ^ CREPES $4.75 * Ham or chicken or turkey p~ us 1 veggi e *' 4 Veegie * X-Special Seafood *** Two erepe~ .to an order - all wi~h Ca~e cheese sauce -'i' r" l;' BREAKFAST Served ALL DAY! OMELET~ $4. '{5 .. Ham 8: Cheese .. Ratatouille (Eggplant, zucchini, onion, pevper, tomato) FRENCH BREAD SANDWICHES $4.50 * Ham * Chicken * Turkey .. Seafood * 4 Veggies: Spinach,broccoli, onion, to~to or mushroom *** AboV'e served with choice o:f: Bagel, crois~ant, whole wheat, rye, r..hi t e ,or Frenc!l bread SALADS * Salad Alex $3.75 (Ham, Swiss, cheddar lllushroo,ms, -co mat 0 , egg, onion) * x-tra Special $2.15 seasonal * Tossed Salad $1.75 WAFFLES $2.25 CROQUE~ * Monsieur (Ham & Cheese) * Madame (Chicken & Cheese) FRENCH rrOAST $2.25 ASSORTED QUICHES $4.75 ~with salad garnish SOUPS If,A-' '-', French oni on $2.25 ~.,~ .' . ">,. " Soup of 'tne (jay $1.75 ~;;):: :",.:." ;i:j\\:,. j~L/....... ,'", ),.J: .;. .'" BRUNCH 3erved ALL DAY~ CROISSANTS $4.50 * Ham * Chicken .. Turkey * Tuna salad * Chicken salad .,) "" , \ .. .H.'...'.....,.t ""l'"'>''li~,.' ....... ,. ")) 'If:;!'.' f.:!'....~...~.1 ..J.t.f.... "', ..~.~...i..... ,~. ~ ....~,.. '1~,I.'",," *" Ratatouille (~6gplant, zucchini, onion, peppers, tomato) BRUNCH -.- 3erved ALL DAYt ^ CREPES $4.75 * Ham O~ chicken O~ turkey Itlus 1 veggie it- 4 Veegie * X-Special Seafood Two erepes -to an order - all with Cafe cheese sauce CROISSANT~ $4.50 * Ham * Chicken '* Turkey * 'runa salad "* Chicken salad 3IDES ~1.75 * French ~o~ato salad ... DRI~KS HOT - '" . 75 cheddar * Reg.Gourmet cOIfee '{5~ * Expresso $1.10 * Cappucino 31.75 * Chocolate $1.00 * Tea '{5rt $2. '"(5 r~ \ tJ i( ( .~(/. . r;.,. , .. .' ~ '.J 1. ,"< ~':jo. ,~.... I r COL:Q * Coke,Sprite,Diet Coke 75~ * Orange Juice Small '15~ Large $1.10 * Iced Tea 65~ * Milk 65~ I Ie Cheese) n. 8: Cheese) ASSORTED DESSERTS DAILY . .J .:y 4 .. .._~., ,...,.'/..<\;'.... "'.' ~" -,' .~~..:...^'l>.~r..;.:..f~".;~i:, ,": ,", '" " I' .I , ., , . ". ,'. :' . . :, ' . . ,..'."., ., . .' , . , ' . I . . '.. .,... ,'.. * '~ , .' .' '. ' I' . ,~ " ( ,;' \....." September 5. 1989 Pl.a.nning and Zoning Board City of Cle~ater ~ (3~ '3 I /-- r De~ Members of the Board: Re: Cij 89-60 - 1465 So. Fort Harrison Avenue - ]elleair Links Plaza Ted Wittner (Le Petit CafeO) Alex Imbert P1ease acce}>t th1.s letter in op~sition to granting approval of conditlonal use for the sale of alcoholic beverages {consum~tion on premises). a commercial activity. As reported to you by the Planning and Development Department of the City, the surrounding land. uses to the north, sou"th. east and \lest are RESIDENTIAL. There is also a small retail to the north and small motel to the south. The de}>th of commercial use in this area is limited ~o the highway frontage. We feel the request would be detrimenta2 to the neighborhood, especially with the outdoor deck. It would not be in the best interest of this long-established residential neighborhood. Certainly the avai1ability of alcoholic beverages could increase customers and the sale of alcoholic beverages could be important to the owner's profit. Bu~ it would not be compatible with the surrounding neigh~rhood. Noise generated from the use could diminish the value and enjoyment of surrounding properties. As the intersection of So. Fort Harrison and Belleview ]1 va. develops. 'there may be an increase in traffic a.nd accident.s. '1'he sale of alcoholic beverages would not be in the best interest of this lo~-established residential neighborhood. The use would not be com:pa ti ble with the surrounding area and might impose an e~cessive burden or have a substantial negative impact on surrounding or adjacent uses. There is special concern for outside service on 'the deck. Should you grant the use requested, we es~cially would appreciate it being subject to the 4 conditions recommended by City Staff to minimize or reduce any potentially injurious effect of such conditional use upon o,ther property in this neighborhood. In addit.ion, we request that the 5th condition be with the approval granted. by you for six months to give us all an opportunity to monitor the project. Thank you for your consideration of our reques.t. ADDRESS 1P:2.5 /Yk ~-42____ 5lr; fklvnCG '1 .//eeUiX: ~' J~)Ll. /' ~_.., ',. .. ~,' pc;~~/_',~ ~~~~. C-Z(:j, Lt.i....u1 t/ /~.d;L,L- "I. /1/J '-.-,/< .' ,/ ...-:; - . ,.)' ;!'C;?~L ;rf; /DC'lZC~c.-- t.../ I If]! 1J-all'''!el---~ /) ;" ) \.7~/'c'? r- ?( C!-d ,e~~--- ..J/L , . ' . x-# ~ ('-;~, /J..L.,i..l!:~>~'/-C;t.;... \~,-~ ... 6v-. c L, L--' , /" I , '., '., <,:l~;!.l.<j '" . . J" :. " ." . ' ~ . - ! ~ ,. ,;,.:; a.CIIVEr) SEP. 5 19B~ CD' CLEEK ,; . \'~ ........, I ( " I I I '! A '~t.:,,;.-. . ,. " . "';' '.. " ',' . . '1 '; . . I . , ' . I ',' '" ' . . '" ~.. . . . " ,.) .' :. . 'j "", 'I . . '" j'" ." ' LAST NAME-nR~T N^"'lI:-t.1l{)l~N^ME ...l:i ,'(, 7/1,' (-/c-' /) f._ '(;~' (,) i '1 (>l-( ') i' N(i AU\)"ESS (;? / <.:1 ,./t( L ('ITY I~( ( ,,- L/ <:,.1 'U"'V,-) <:"(-t"(:'.!/ DA' E ON/\\~~yll VOl l: ()(,<:U~R[\) ({ j I ri'7 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAIIlr: 0" HOARO. (,DUNn!., COMMISSION, AU r\lORI TV, OR COMMITI EE {',-,. f> / ('t I i ,- J I'" /. --..) (. , .:' . / ~'. I (' IIII' HOAR D. COlJNCI L COMMISSION. AU '\lORI' Y, OR COMMI n EE ON WIIICII 'SUI.VF IS A \JNIl or: t: '~;.:/ c't 1,-) r: L C ( t:-, ')-~(I I Y I' COUNI Y I! OIIIl:H I()('A' ^(~ENeY ('() lJN r \' N,\Ml: Dr Putl TICAl. SUIII>lVISION: f\1\' "OSI110N IS: i' ('LEe /lVE ~ AI'POIN1IVE WHO MUST FILE FORM 88 This form is for we hy any person scrving al thc (.'O\/IIty, cil)'. or olher IDea Ilc\'cl of governlllcnt on an appointed or elected board, council, ~on\lnission, authority, or cOll1lnillee, II applies equally 10 members 0 f ad\'i~,;ory and non-advisory bodies who arc prescntcd with a vOling conflicl of in/errsl under Scrlillll J 12.3143, Florida Stalutes. The requirclllenls of this lnw arc mandatory; allhough the use of this particular form is 110t required by law, you arc encolllagcd 10 use it ill making Ihe disclosure required by law. )our re!tpDnsibilities lInder Ihe law when fm:ed \~rilh a IlIcaSlHC ill which you have a cDnfliel of intclcst will vary greatly dcpending on whelher you hold Clll e1cctive or appointivc position. For lhisreasoll, please pay close attelllion to the ins:ructions on this form before compleling Ihc rcvcrse side and filing the form, <<L " INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES 'tLECTUJ OFFICI~HS: ^ person holding eh:cli\'c county, 1l1\llliciral, 01 olllcr local public oil ice ~'IUST ^13STA IN fmlll \'oling on a measure which inurcs to his spl'cial pri\'ale Eain, Elich Ioefll officer also is prohibiled flOlII kJlowingly mling 011 iI measure which inures to Ihe special gain of it principal (other Ihall Cl g()\crnlllcnt agency) by \\'IIGII1 he is rClained. III ei.her case, YOII should disclose tile conflicl: PRIOR TO rilE VOTE BEING TAI\EN hy publicly s(alil1~ IOlhl' w;sl'mbly rile nl1l111C 01 your illlclesl in Ihc measure on which YOll arc abstaining, frolll voting; alld WIT 1-11 N 15 I.) A YS ^ FTE H Ti IE VOTE OCCURS by COII1 pkli Ilg and ri ling I his form with thc person responsible for recording the minu[cs of thc meeting, who should incorroralc the forlll in Ihc minutes. AI'POINTEU OFnCEnS: ^ persoil holding ;Ippointivc COllllt}'. lIlunicipal, or other Imal Jll1blic office tvl UST ^ BST^ I N from voting on a measure which inures to his special pr ivale gain. E;lCh local officer also is pr'ohibilCd Irolll knowingly voting on a mcasure which inures to the special gain of a principal (other Ihall a go\'cllul1cnl agcnq') by whom hc is retained. t ^ pcrson holding an appointive local office otherwise Illay pallidpalc in a mailer in \..'hieh hc has a conflict of intcrcst, but Jllust disclose thc natwe of the COJ1flict bcfolc making l\11Y allcmpll (l influl'nce thc decisioJ1 by oral or wrillell cOlllmunicalion, whether rnade by the officcr or at his 'direcl ion. .p { ,~ 't I r- YOU J NTEND TO MAJ<E ANY ATI Ef\1 PT TO INFUJEN('E TilE DECISION PRIOR TO 111E t\IEETING Ar WHICH THE VOTE WILL BE TAKEN: III should com plete and fi Ie thi~ lOllll (hclo IC l\lak ing any a .tl'mpt In i nllllcncc Ihe decision) with t he persall rcsponsible for Iceo/ding Ihe minules or the mceting, who will inco,porate rhe form in the millutes. · ^ copy of thc forlll should be pro\'ided irnlTlcdialcly 10 the GIller Illembers of I he agency. · The form should bc read publicly ell rhe Illt'CI ing priot 10 c(m~iderilt ion 01 lhe matter in which YOll have a conflict of interest. I 1 flt( \I~" In I\~ (0 YERj rAGE I , ,:rj~,":$.i;;;t;;i~a.h~.pt~~~l!l!w!!~~m~~...-j,;~' . IF YOU MAKE NO ATTEMPT TO INFLUENCE TilE UECISION EXCEPT BY DISCUSSION AT THE MEETING: · Vou should disclose (Hall)' the natulc of your conflicl ill thc ll1easure befolc participating. · 'You should complete the form and rile it within 15 days a ftcr the vole occurs with the person responsible for recording the minutes of the meeting, who sl1l>lIld incorporale lhl' forlll in (he llIinutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, ~r7n eJ--jr, '&/ (1."/" ,J h "C_, herehy disclme Ih"l 011 _.__ '7/7- (a) A measure callie or wi II come befolc lilY agency which (check olle) , 19 ff7': . __ inured 10 my special privale gain: or _ inured to the special gain of _____.___,______________, , by whom I am retained. , (b) The measure before my agency 31ll1lhe nalure or Ill)' illlClt'st ill the IlIcmurc is as follows: 13 ~' L-/ J< ~:. ~ 07<1/ k c-t. ,'J r-) 'I" ~ (n y CI'" f f t':1' ('L +1 cC" ) I 1"" f '~7 f"<' l L " I U' .1 I ~ ,,'7 Co '..1 //~-/ I 1/ l. I .L (~ )) f//(J :> I \ I"~) Cj (~i [V'~ '<- (~, K CL'I 1<" C( -T.. a fl C' f/l e: /- /t" (J" +/, - ,. -) ,'( 1/,--1 -H](:::- {\~.s L~ c- . {' C,' r) rc; ~~,( re,c(/, -r:--fc (J'l .:,<(~ .---) ({ k ~l' I '~ { '} / /\ _ l-./ ( C:' L 17 ----.-. . -cj2f$ '( -. -, --.--.- ____.__ Date Filed ./ d' ~ ., ~ 4~ _---L-",~Art7..-..2/ -., ,.dU_____ Signature NOTICE: UNDER PROVISJONS OF FLOHIDA STATUI ES ~"2.317 (1985), A f-i\ILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES UROUNOS FOR AND f\1^ Y UE PUNISIIED BY ONE OR MORE Of THE fOLLOWING: 1~IPEACHt\'IENr. REMOVAL OR SUSPENSION J7H()M OfFICE OR Et-.'lPLOYMEt-.'T, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR ^ CIVIL PENALTY NOT TO EXCEED $S,OOO. .'. ,.~.. .}'. ;;'l.~r t./!;.~'.'j;'n;': _-,"'Ii: I'..',....,.".;'., ,,'1.( ..':'.i", ,;,., ,.' ~~~~ .2- J' .:~ , (' I .l". FORM 88 MEMORANDUM OF VOTING COt~FLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAsr NAME-FIRSI' NA"'I:-MI\)()l.I: NAME NAME Of: QOARO. COUNCIL. COMMISSION. AU1HORITY. OR COMMITTEE "j)CIv/II,'!f,:,,"'/I/ I!'JI/t It) (c "'(((/ it ii', i,".r (c., /,:,,;r t N(i I\DURESS ' IIIE 1I0ARD. COUNCIl, C(l~lMISSION. AurHORITY.'Q COMMITlEE ON '. WIlle" I SERVE IS A UNII OF: , I (I t >:r-f ('~. ! (~ c(: CITY C...-: (c: ('{ / L Ll (( f-.c ,,' lJAI E ?N \ '~1I(!', ~'()Il: OCCURRED (1.~ L-:; Y:<7 ;,/ ~~/' '-~ " ...,:.........~: "". ""', ',,', ,..:::...~........ . j'," ,1.,-'.1." ;.....,... ,-', ",' ',': ....:,....:.. ."' ',...... .. ) (J {;;, \., l COUNry ) .'i . (/ ( ,'." ,- ( ( Ci ~ " 'X<:IIY I' ('ClUNIY I! OllflH lOCAl A<iENCY /" '. NAME or POLl ileAl. SUBDIVISION: ",y I'OSIIION IS: \.1/' ^I'I'OIN1IVE ,-" I '..., i: FIECIIVE WHO MUST FILE FORM 88 This form is for lIse by ",ny person serving at the CO\lllty, city, or other localle\'el of government on an appointed or elected board, council, cOlllmission, authority, or wmmittee. It applies equally 10 lIlembers of ;\cl\-isOlY and non-advisory bodies who arc presented with a votillg conflict of intercstlJlldcr Seetinll 112.314.1, florida St;Jlutcs. The reqllirClllell(S of this law are mandatory; all hough the use of this pari icular forl11 is nol required hy law, YOll arc cncotlmgcd to use it ill making the disclosUI'C required by law. Your resl'ollsibilit ies under the law whcn faced wil h ,\ measure in which you haw a cOllflict of illtcrest will vary greatly depending on whethcr you hold an elcctivc or appointi\'e p05il;on. For this reaSOIl, plcase pay close arrclltion to I he instructions on this form before cornplet ing t he reverse side and filing t he form. ; l \, , ELECTED OFFI CEHS: INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES I 1 .i ] ,I A persall holdillg e!ecti \'e COUlIt y. municipal, or ot her local public () II ice tv! US r ABS fA J N froll1 \'oting on a measure which inures to his special rri\'ale gClill. Each local officer also is prohibited frolll kno\\'ingly \utillg 011 a meas\IIc which inures to t.he special gain of a principal (other thelJ1 a ~O\Crrllllcllt agency) by whol11 he is retailH:d. In either case, )'011 should disclose the conrJict: PRIOR TO TIlE VOTE BEING 'TAKEN by publicly stating \() lhe C1Ssclllbly the nature of YOllr interest in the measure on which you arc abstaining from voting; alld WITHIN 15 DAYS AFTER TilE VOTE OCCURS by completing and filing this form with the person rcsponsible for recording the minulcs of the meeting, who should incorporate the forlll ill Ihe lIIinules. A)JPOINTEU OFFICERS: A persoil holding appointive COllnty, municipal, or other 10<:<-11 public office MUST !\BSlAIN rroln voting 011 a measure which inures to his special privale gain. Eadl local officer also is prohibited 'rolll knowingly voting all a measurc which inures to the special gain of a r>rincipal (othcr thart a (!o\'ernment agency) by who III he is retained. ^ person holding an appointive local officc otherwise may participatc ill ~ malleI in which he has a conflict of interest, but must disclose the Ilat ure of t he con f1ict berore making any at tempt to influence the decision by oral or writ ten cOlllll1unicm iOll, whether made by the officer or at his 'direction, IF YOU INTEND TO MAKE AN\' ^TTEf\IPT TO INFLUENCE 'lifE DECISION PRIOR TO TIlE f\IEETlNG AT' WIfICH THE VOTE WILL BE TAKEN: , ~.>tJ ~hollld complele and file Ihis fmlll (hcl"olc l1Iaking any atlempt 10 infltlenec the dccision) with the per SOil responsible for "'r:ecording the minutes of the J1H'elill~, who will incorporate the form in Ihe minutes. · A copy of the form should be IHO\'idcd irlllllcdiall'ly to the otlter I1H:lllbels of the ngcncy. · The 101m should be read publicly at Ihe meeting pI iOI to consider at ion of the maltcr in which you have a conflict of interest. e> V fiP) I If "1\1 0111 11111(, PAGE I ~~-r.,17 L',fi ~~,i.,~~'::~i(\~~~.~i~~';.,i!h:~;~.,":,fM~i~(i , ' . : ~ ,: , . " I ,.: j' , '. .' : ," . ,:, ~:,' . '. ;.. ' " . " ", I, \ , " . , ",';.. ' .' '.:. :' . . " -- . . IF YOU t\l^KE NO ATTEtv11'T TO INFLUENCE TilE DECISION r:XCEPT BY DISCUSSION AT THE J\IEETlNG: . YOll should disclose orally the l1aturc of >'our conflict in the measure hefore particilHlting. . You should eompletc the r<irl1l and file it \\'ilhin 15 days "rter Ihe vote OCClIIS with the person responsil>le for recording the minutes of the mceting, who should illl:orporate the form ill the minutes. I. --i"t1tf/, G. DISCLOSURE OF LOCAL OFFICER'S INTEREST j / '(f 01-,,' -((LVfle [.;.'/ hereby disclose that 011 -----4;; ,19 dGI: (a) A measurc came or will come bcrore IllY agency which (check olle) __ inured 10 my special privatl' gain; or I _ inmcd to the special gain or ______._____________, . , by whom I 3m retai lied. {b) The mcasure beforc 111)' agency ami the nature of illY il1lClest in the measure is as follows: --r:- -(--L.L'l1 /)' f\ j'..... -I c J -' I ./ / /" ' j" . .~/. ( /;~i" / C-: X I c" c.,' , C~. " .---'-" ,,_,/2. - ( ,,'tOOl ( f') (r I c,:C .5, .L -'./--2 C 7-/'~ ~.' .-. C I 'J ,/~; -, ."........ ,,' ~ /"/ ! /?-f~ / ( /,- L' -(.1, e__- lIJc; c\ \..._ , " ( c,; cc 11 P'l'C(' /J<', /-110'7 e:..- ,'( / ,-I - 6'? :~)/-' f--}/7 t:~ c< ,/,'-'-l /j / 'j {/ ,- ,/' / ~/( (~f c ( T~~-,,- ?: ' ) /-'1 /' '-, r CJ~ Ig-c( . D-.;~;i~ii;/-;.;-IL--- __u_. - ------ - ~'7/ , /C~~_<~~3/. _~^;~ --" -'*'-,,- --,---.--------. ..' .--....... " Signal lIrC NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112,317 (1985), A FAILURE TO MAKE ANY REQUIRED , OISCLOSURE CONSTITUTES GROUNDS FOR ANO MA Y BE PUNISHED BY ONE OR "lORE OF THE FOLLOWING: ; 1~1PE^CHMENT, REMOVAL OR SUSPENSION FHOr-.'1 OFFICE OR EMPLOY1\,tENT, OEMOTION, REDUCTION IN , " SALARY, REPRIMAND, OR ^ CIVIL PENALTY NOT TO EXCEED $5,000. \ , ! "."....... ~ '~ #; . . ..,,, ~ '"~f f.." ~ J, .:. . ..,. . ' " . . ". . , / I i' I ~. .k.;i.;;;.~*,,~;,..~ :.