09/16/1997 (2)
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PLANNING & ZONING BOARD MEETING. ACTION AGENDA
Tuesday. September 16. 1997
Call To Order, Invocation, Pledge Of Allegiance
Minutes Approval - August 19, 1997
B. Requests for Extension, Deferred and Continued Items
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B 1. (cant. from 8/19/97) - 18350 US 19 North, (1) See 19-29-16, M&B 44.12 and part of
M&B 44.11; and (2) Hampshire Acres, Blk A, Lots 12 & 13 (Gerry Staring, TRE/Rite-On
land Trust. Progressive Development Group, Inc.) A 97-08
ZONE: (1) CH (Highway Commercial) and (2) RS 4 (Single Family Residential)
ACTION: Continued to the meeting of October 21, 1997
B2. (cont. from 8/19/97) - Morton Plant Hosoital Association. Inc./Bettv Jones/Jovce Silver
to permit noncommercial parking at 710 N. Myrtle Ave., R.H. Padgetts Sub, Blk 1, Lots
5 & 6 less St.; Blk 2, Lots 1 & 2; and part of proposed vacated Alden Ave., zoned RS
8 (Single Family Residential). CU 97-34
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain
the requisite building permit, certificate of occupancy and occupational license for the
proposed development within six months from the date of this public hearing; 2) As
required by the supplementary stands for this use, all site lighting shall be equipped with a
900 cutoff mechanism, with the light being directed downward and away from adjoining
residential properties and street rights-of-way; 3) A unity of title declaration shall be filed
(~ unifying the subject property and the property for which this parking lot is intended to
'1'dl support; 4) The right-of-way for Alden Avenue shall be vacated prior to issuance of a
bUilding permit for this parking lot; and 5) Prior to issuance of a permit for the proposed
development, the applicant shall obtain a variance to the 60 foot maximum requirement for
right-at-way separating a required parking lot from the adjacent property which the parking
lot is intended to support.
C. Conditional Uses
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C1. Arturo S. & Norma V. Anover (Anover's TLC Home) to permit Level I group care at
804 S. Belcher Rd., University Park, Unit 1, part of Lot 14, zoned RS 8 (Single Family
Residential). CU 97-48
ACTION: Approved subject to the following conditions: 1 The applicant shall obtain
the State of Florida Agency for Health Care Administration license within six months of the
date of this public hearing; 2) The applicant's city occupational license shall be upgraded to
reflect a maximum capacity of eight residents within six months of the date of this public
hearing; and 3) The applicant shall remove the existing 4 square foot sign within 30 days
of the date of this public hearing.
C2. Drew Master Center. Inc./Dan Gallaaher (Nuthouse Sports Pub) to permit nightclubs,
taverns and bars (change of business ownorship) at 2140 Drew St., Mosell Acres, part
of lots 2 & 3, zoned CG (General Commerciall. CU 97-49
ACTION: Approved subject to the follOWing conditions: 1) The applicant shall transfer
the ownership of the State of Florida alcoholic beverage license within 90 days of this
public hearing; 2) The requisite occupational license shall be obtained within 6 months of
the date ot this public hearing; and 3) The sale of alcoholic beverages shall be limited to
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, consumption on premises only with no package sales.
C3. University Hiah Eauitv Real Estate Fund-11/Jean F. Shelling, TREITM Clearwater
Realtv. Ltd. (Lowe's) to permit outdoor retail sales, displays and/or storage at
26990 US 19, See 30-28-16, M&B's 31.03, 31.04, and part of 31.02, zoned CC
(Commercial Centerl. CU 97-50
ACTION: Approved subject to the following conditions: 1) A site plan shall be certified
within six months of the date of this public hearing; 2) Either a Unity of Title Declaration or
a certification of preliminary plat shall be submitted prior to issuance of a building permit;
3) The requisite building permit shall be obtained within one year of the date of this public
hearing; and 4) The outdoor retail sales, displays, and/ar storage shall be limited to: a) the
fenced-in garden center, b) the fenced-in northwest storage area, c) The applicant shall
reserve a six foot wide continuous pedestrian thoroughfare on the east side of the building.
The area from the sidewalk west to the building facade may be used for outdoor
display/storage. All such display/storage areas shall be clearly depicted on the requisite
certified site plan for this development; dl The applicant shall be allowed to have outdoor
display/storage in the parking spaces immediately south of the garden center as shaded on
the site plan.
C4. Glen T. Warren/Dale R. WarrenlWilliam C. Klinaensmith IThe Macs Group) to permit
manufacturing at 807 Park St., Tack & Warren, Lot 7, zoned UC[C] (Urban Center
Core). CU 97-51
ACTION: Approved subject to the following conditions: 1) The requisite building
permit within six months of the date of this public hearing; and 2) The requisite certificate
of occupancy and occupational license shall be obtained within one year of the date of this
public hearing.
Board and Staff Comments - Discussion
Adjournment - 5:01 p.m.
pzact09.97
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09/16/97
PLANNING AND ZONING BOARD
CITY OF CLEARWATER
September 16, 1997
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Assistant City Attorney
Planning Manager
Zoning Section Supervisor
Board Reporter
The meeting was called to order at 2:00 p.m. in City Hall, followed by the Invocation,
Pledge of Allegiance, meeting procedures and the appeal process. To provide continuity for
research, items are listed in agenda order although not necessarily discussed in that order.
Minutes Approval - August 19, 1997
Member Figurski moved to approve the minutes as submitted to each member in
writing by the Board Reporter. The motion was duly seconded and carried unanimously.
B. Requests for Extension, Deferred and Continued Items
.:,) B1. (cant. from 8/19/97J - 18350 US 19 North, (1) See 19~29M 16, M&B 44.12 and part of
M&B 44.11; and (2) Hampshire Acres, Blk A, Lots 12 & 13 (Gerry Staring, TRE/RiteMOn
land Trust, Progressive Development Group, Inc.) A 97-08
ZONE: (1) CH (Highway Commercial) and (2) RS 4 (Single Family Residential)
The applicants were not present and were not represented. No verbal or written
support or opposition was expressed. The board considered whether to table the item
indefinitely, continue to a date certain, or dismiss due to absence of representation. Staff
indicated the City would like to see the annexation take place. One member requested
continuing the item again, readvertising at the City's expense, to enable the board to learn
more about the proposed intergovernmental sewer service agreement. Staff concurred.
One member would not endorse the item without applicant representation, due to the
opposition expressed by neighbors at the previous hearing. Consensus, due to the request
by the applicant for continuance, was to continue the item to October 21, dismissing it if the
applicants are not represented. Staff was requested to contact the applicants and ensure
they understand they must be present or represented.
Member Kunnen moved to continue Item B1, A 97-08 to October 21, 1997. The
motion was duly seconded and carried unanimously.
82. (cant. from S/19/97J - Morton Plant Hospital Association. Inc./Betty Jones/Joyce Silver
to permit noncommercial parking at 710 N. Myrtle Ave., R.H. Padgetts Sub, Blk 1, Lots
5 & 6 less St.; Blk 2, Lots 1 & 2; and part of proposed vacated Alden Ave., zoned RS
8 (Single Family Residential). CU 97M34
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Present:
Edward Mazur
Brenda Harris Nixon
Robert D. Bickerstaffe
Frank Kunnen
Douglas Hilkert (arrived 2: 12 p.m.)
Gerald Figurski
Gene Crossley
Leslie Dougall-Sides
Sandy Glatthorn
Steve Doherty
Gwen Legters
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Members Mazur and Crossley declared conflicts of interest with regard to this case.
The applicants were advised a positive vote of the four remaining members was required
for approval. The applicants chose to proceed.
Emil C. Marquardt, attorney representing the applicants, stated the proposal was
modified to satisfactorily address concerns expressed by members of an adjacent church.
The hospital has agreed to acquire the parcel to which the church has referred as its
parsonage, demolish the existing structure and convert the lot to hospital parking the
church will be allowed to use after hours. The church has agreed to the proposal, and
understand the structure's occupants may remain for six months. Mr. Marquardt requested
removal of staff's recommended condition #3 regarding unity of title.
No verbal or written support or opposition was expressed.
Member Kunnen moved to approve Item 82, CU 97-34 subject to the following
conditions: 1) The applicant shall obtain the requisite building permit, certificate of
occupancy and occupational license for the proposed development within six months from
the date of this public hearing; 2) As required by the supplementary stands for this use, all
site lighting shall be equipped with a 900 cutoff mechanism, with the light being directed
downward and away from adjoining residential properties and street rights-of~way; 31 A
unity of title declaration shall be filed unifying the subject property and the property for
which this parking lot is intended to support; 4) The right-of~way for Alden Avenue shall be
vacated prior to issuance of a building permit for this parking lot; and 5) Prior to issuance of
a permit for the proposed development, the applicant shall obtain a variance to the 60 foot
maximum requirement for right-of-way separating a required parking lot from the adjacent
property which the parking lot is intended to support. The motion was duly seconded.
Members Nixon, Bickerstaffe, Kunnen and Figurski voted "Aye", Members Mazur and
Crossley abstained. Motion carried.
Member Hilkert arrived at 2:12 p.m.
C. Conditional Uses
C1. Arturo S. & Norma V. Anover (Anover's TLC Home) to permit Level I group care at
804 S. Belcher Rd., University Park, Unit 1, part of Lot 14, zoned RS 8 (Single Family
Residential). CU 97-48
Mr. Doherty presented background information and written staff recommendations,
stating the applicant is seeking conditional use approval to increase capacity from six to
eight cared-for residents in an existing group care home. Conditions support the request
and staff recommended approval with three conditions, including a condition to add one
parking space. Discussion ensued regarding parking code requirements. Staff will research
through the Traffic Engineering Department whether parking requirements differ for
established group homes.
Norma Anover, the owner/applicant, authorized Mrs. Lazaro as representative. Mrs.
Lazaro related Mrs. Anover's experience, licensure, and living conditions in the four
bedroom, three bathroom home group home. Having two additional clients will help pay
expenses. Four photographs submitted in support of the request showed interior and
exterior views of the existing facility.
mpz0997
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09/16/97
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No verbal or written support was expressed. Two nearby residents expressed concerns
with the City's public hearing notification process, and questioned: 1) previous parking
code violations. 2) clarification of residency, 3) whether structural modifications have been
or will be done to accommodate the two new clients, 4) why neighbors were not informed
when the facility was approved for six clients, and 5) commorcial signage in a residential
neighborhood. Concern was expressed physically and mentally disabled people have been
found sleeping and loitering on neighboring properties. One letter from a nearby property
owner cited similar concerns.
In response to concerns, it was indicated the existing use was established in
accordance with State law, without requirement for a public hearing. The Planning and
Zoning Board had no jurisdiction. Signs meeting size requirements are allowed on
residential properties, but the City may not regulate the message of such signage. Mrs.
Lazaro stated no mental health patients will reside in the facility because the applicant does
not have the required license. Proposed staffing and residency were clarified. The facility
will meet HRS guidelines. Two residents will occupy each bedroom.
A concern was expressed requiring additional parking would be detrimental to
neighborhood aesthetics by giving the home's facade a commercial appearance. It was
indicated staff should enforce code requirements without the Planning and Zoning Board
imposing conditions regarding issues over which the board has no jurisdiction. In response
to a question, it was indicated the two car garage has been converted to two bedrooms
and one bath. It was felt the location on a major thoroughfare is suitable and appropriate
for the use. No evidence was submitted to indicate addition of two residents would be
detrimental or that the applicant could not handle such an increase.
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'~II Member Kunnen moved to approve Item C 1, CU 97~48 subject to the following
conditions: 1) The applicant shall obtain the State of Florida Agency for Health Care
Administration license within six months of the date of this public hearing; and 2) The
applicant's city occupational license shall be upgraded to reflect a maximum capacity of
eight residents within six months of the date of this public hearing. The motion was duly
seconded and carried unanimously.
C2. Drew Master Center. Inc./Dan Gallanher (Nuthouse Sports Pub) to permit nightclubs,
taverns and bars (change of business ownership) at 2140 Drew St., Mosel! Acres, part
of Lots 2 & 3, zoned CG (General Commercial). CU 97-49
Mr. Doherty presented background information and written staff recommendations for
the change of use application. Conditions support the request and staff recommended
approval with three conditions. Separation distance from a storefront church in the retail
complex does not apply as the church is a non-conforming use established without City
approval.
Dan Gallagher, the owner/applicant, stated he purchased the existing sports pub to
supplement his income after his 16.year position with a medical device manufacturer was
downsized. His research revealed the business has been well run and has no record of
disturbances originating from the establishment. He spoke with the church and found they
are using the storefront as a temporary location for about a year while they build a larger
facility.
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No verbal or written support or opposition was expressed.
mpz0997
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09/16/97
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Member Figurski moved to approve Item C2, CU 97-49, subject to the following
conditions: 1) The applicant shall transfer the ownership of the State of Florida alcoholic
beverage license within 90 days of this public hearing; 2) The requisite occupational license
shall be obtained within 6 months of the date of this public hearing; and 3) The sale of alcoholic
beverages shall be limited to consumption on premises only with no package sales. The motion
was duly seconded and carried unanimously.
C3. University Hiah Eauitv Real Estate Fund-11/Jean F. Shellinn. TREITM Clearwater
Realtv. Ltd. ILowe's) to permit outdoor retail sales, displays and/or storage at
26990 US 19, Sec 30-28-16, M&B's 31.03, 31.04, and part of 31.02, zoned CC
(Commercial Center). CU 97-50
Mr. Doherty presented background information and written staff recommendations, stating
the applicant wishes to redevelop an existing shopping center with a new building materials and
appliance sales company and garden center. He detailed the proposal to acquire and demolish
114,300 square feet of an existing shopping center, bringing parking, landscaping, and
retention to code. Variance requirements, site configuration, orientation, access, outdoor
storage requirements, aesthetics, zoning, and established character of the surroundings were
discussed. Since the building fronts on Enterprise Road and US 19, staff strongly encouraged
aesthetic architectural treatments and signage on both sides for a significant positive
contribution to one of Clearwater's most attractive thoroughfares. Staff recommended
approval with seven conditions. Ms. Dougall-Sides noted the Development Code Adjustment
Board (OCAS) granted three variances to fence height and setbacks.
Concerns were expressed with the recommended conditions of approval. It was felt the
Planning and Zoning Board should not be asked to condition approval upon aesthetic treatments
or retention fencing not required by code. Discussion ensued regarding the Development
Review Committee's (DRC) role in the redevelopmant process. Staff responded to questions
regarding parking lot dimensional and landscaping requirements, size of the proposed outdoor
retail sales, qisplay and storage areas, required sidewalk width, size of pedestrian loading zones,
and motor freight receiving areas. Several board members felt it was vital to specify the exact
size, configuration, and location of the outdoor use areas, to avoid having the applicants return
for clarification.
Steven J. Henry, with the engineering firm representing the applicant, and Attorney Ed
Armstrong appeared to present the request. Mr. Armstrong detailed the proposal to completely
redevelop the area south of the existing K-Mart store on the 14-acre site located southwest of
the State Road 580 and US 19 intersection. Elevation views and colored site plans were
displayed. Discussion ensued regarding existing configuration, proposed demolition, and
reconfiguration. Mr. Armstrong noted conditions in the surrounding area are not particularly
scenic. He reviewed the recommended conditions of approval, asking that any condition
regarding aesthetic exterior treatments use verbiage similar to DCAB's condition, to "...carefully
evaluate the architecture and landscaping to ensure a pleasant view of this property from
Enterprise Road." He requested clarification of a condition specifying the width of outdoor
storage area between the sidewalk and building front. He commented editorially that
sometimes conditions are recommended that have nothing to do with the request. He indicated
such requirements should be made, a part of the code and enforced Citywwide rather than
piecemeal.
Mr. Henry is working with staff regarding site access, internal circulation, increased
landscaping, and retention to meet City redevelopme'1t criteria. He asked that the condition to
mpz0997
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avoid retention fencing remain flexible in case insurance liability concerns surface. Discussion
ensued regarding layout of lowe's in relation to the overall shopping center, location of the
loading dock and pedestrian areas, and importance of landscaping that will thrive and be
attractive 20 to 30 years in the future.
No verbal or written support or opposition was expressed.
lengthy discussion ensued regarding size, configuration, and exact locations of
pedestrian sidewalks, outdoor display, storage, fire lanes, and loading areas. Board
members felt it was important to establish consistency with other large home and garden
center uses. Concerns were expressed that outdoor pedestrian areas should be wide
enough to avoid having pedestrians forced off sidewalks by customers transporting
unwieldy loads of building materials on large utility carts. Discussion ensued regarding the
need for clear pavement markings delineating outdoor storage and loading areas to maintain
vehicle maneuverability, pedestrian safety, required parking, to avoid outdoor storage abuse
and clutter, while encouraging aesthetics. Discussion ensued regarding the board's
authority to address outdoor retail sales, display and storage areas as established by City
code general and supplementary standards of approval. Concerns were expressed with
inadequacy of the plans submitted, and the board not having been given specific
dimensions upon which to base their decision. Board discussion ensued regarding language
for conditions of approval.
Member Hilkert moved to approve Item C3, CU 97-50, subject to the following
conditions: 1) A site plan shall be certified within six months of the date of this public
hearing; 2) Either a Unity of Title Declaration or a certification of preliminary plat shall be
submitted prior to issuance of a building permit; 3) The requisite building permit shall be
obtained within one year of the date of this public hearing; and 4) The outdoor retail sales,
displays, and/or storage shall be limited to: a) the fenced-in garden center, b) the fenced-in
northwest storage area, c) The applicant shall reserve a six foot wide continuous
pedestrian thoroughfare on the east side of the building. The area from the sidewalk west
to the building facade may be used for outdoor display/storage. All such display/storage
areas shall be clearly depicted on the requisite certified site plan for this development;
d) The applicant shall be allowed to have outdoor display/storage in the parking spaces
immediately south of the garden center as shaded on the site plan.
Discussion ensued regarding the motion. Concerns were reiterated 1) failure to limit
width of front outdoor storage area would not be attractive and would not promote
pedestrian safety, and 2) failure to designate a freight unloading area would allow
unrestricted storage in required parking spaces at the rear. Upon the vote being taken,
Members Bickerstaffe, Kunnen, Hilkert, Figurski, and Crossley voted, "Aye"; Members
Mazur and Nixon voted "Nay" Motion carried.
C4. Glen T. Warren/Dale R. Warren/William C. Klingensmith (The Macs Group) to permit
manufacturing at 807 Park St., Tack & Warren, lot 7, zoned UC[C] (Urban Center
Core). CU 97-51
Mr. Doherty presented background information and written staff recommendations.
Charles Macone, proprietorship owner, proposed expanding the existing art studio to
allow on-site custom furniture manufacture and finishing.
mpz0997
5
09/16/97
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No verbal or written support or opposition was expressed.
Member Figurski moved to approve Item C4, CU 95-51, subject to the following
conditions: 1) The requisite building permit shall be obtained within six months of the date
of this public hearing; and 21 The requisite certificate of occupancy and occupational
license shall be obtained within one year of the date of this public hearing. The motion
was duly seconded and carried unanimously.
Board and Staff Comments
Member Mazur expressed concern that staff, in the interest of being helpful to
developers and development, sometimes accepts inadequate documentation for
presentation to the board. Discussion ensued regarding preliminary versus conceptual site
plans, and DRC submittal requirements. Several members stressed the need for
consistency in required sidewalk widths for similar developments. Member Figurski agreed
such requirements should be fixed in the code. He expressed concern debating aesthetics
gets into the area of "whim and caprice." He stated a condition of approval should never
state, "if feasible." Member Nixon concurred with establishment of standard sidewalk and
outdoor storage widths in front of home improvement centers. Member Bickerstaffe stated
. he wants to see standard 10 to 12 foot sidewalk width. Member Hilkert explained his
reasoning for stating the motion to approve Item C3, above, with regard to sidewalk width
and storage area. Member Crossley agreed the plans in Item C3 were not as up to date as
they should have been if concessions had been made at previous meetings. He noted the
shading and key were confusing and the revised plan displayed was different from what
was submitted for board review.
Member Figurski reported he will not be able to attend the first meeting in October.
Member Kunnen cited a need to recognize the growing market for mixed and multiple
uses when deciding conditional use requests and writing codes to promote economic
development.
Member Nixon raised a question and discussion ensued regarding disposition of agenda
packs after hearings.
Member Nixon suggested changing the public hearing notice mailing schedule to notify
surrounding homeowners within 7 to 10 working days of a hearing. Members Crossley and
Mazur supported extending the mailing lead time to give people in the surrounding
neighborhood enough notice to investigate and research proposals in their area. Ms.
Glatthorn listed the intensive staff research and background work necessary to bring each
item to the board. She said application submission deadlines could be moved back, but
expressed concern it would not be business friendly to impose more time constraints on
applicants. Member Kunnen felt receipt of notice seven days prior was sufficient, if it was
done consistently. Staff will investigate whether the mailing process can be changed
administratively, or if a code amendment is needed.
Referring to Item C1, above, Member Nixon expressed concern with conversion of a
garages into bedrooms to accommodate extra persons in a group home. She felt the
resulting loss of parking spaces and subsequent parking in front of properties deteriorates
neighborhood character and devalues property. She requested staff to investigate whether
the new code can address not allowing garage conversions to accommodate group home
uses. Member Figurski was not concerned with parking conditions at group homes, but
mpz0997
6
09/16/97
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expressed concern with the apparently small amount of square footage allowed for the
number of residents. He asked staff to determine whether area requirements are set by the
City or HRS.
Member Nixon reported she receIved positive input from C-View TV viowers regarding
the manner in which the public was advised of what was happening in the room during the
meetings she chaired. She thanked those responsible for correcting the noisy air
conditioning system in City Commission chambers.
Concerns were expressed with the amount of time it takes for staff to read verbatim
from staff reports. Staff was asked to summarize the main points of their presentations,
allowing the board to ask questions if clarification is needed. Concern was expressed a
brief summary would not adequately inform the vieWIng public of the issues being
addressed.
Mr. Hilkert looks forward to the new land Development Code, stating it is
unconscionable to require applicants to attend three or more different board meetings to
get their development proposals approved. Examples were cited. He did not favor
automatic, or "standard" conditions of approval when not needed. Member Nixon
expressed concern she is still blinded by lights shining into the street, creating a safety
hazard at certain locations.
Member Mazur requested a legal opinion at the next meeting regarding whether the
,board should allow outdoor storage in required parking spaces. He expressed concern with
the board allowing an activity that Code Enforcement could cite as a violation. Ms.
Dougall-Sides noted code requirements would take precedence over the board's conditions
of approval. Concern was expressed with the manner in which Item C3' was handled,
compared to the hours of discussion taken to ensure Home Depot's outdoor storage did not
encroach into required parking spaces. It was indicated a cross parking arrangement was
involved in the Home Depot case. Ms. Glatthorn will get clarification.
Member Kunnen referred to the variety of mixed uses on his industrial property, and
requested information regarding the allowed number and duration of temporary use permits
that can be obtained in one year. Ms. Glatthorn responded 14 days per year, per property,
is the maximum cumulative number. Special sales shall not be approved on properties
principally used for retail sales during Thanksgiving and Christmas. Member Kunnen
requested staff to look into making the code more business friendly on this subject.
Adjournment
The meeting adjourned at 5:01 p.m.
Attest:
~~
Boartl Reporter
Ir
Planning and Zoning
mpz0997
7
09/16/97
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME- I-IRSl NAME -~."()DLE NAME
NAME OF ~ARD.roUNCIL. COMMISSION. AU11I0RITY. OR COMMlllEE
1-
THE BOARD. COUNCIL COMMISSION. AUTlIOIUTY OR COMMlrTEE ON
WIIICH I SERVE IS A UNIT OF:
~CITY 0 COUNTY 0 OTHER LOCAl. AGENCY
NAME OF POLITICAL SUBDIVISION:
, t! 1to~fLi3
",,\\i A 11.1 NO ADDRESS
c9-rf I
CIlV
6ENG
COUNTY
MY POSITION IS:
o ELECTIVE Y AI'POINTI\'E
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 vOling conniet of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a connict 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 Iiling 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 special private gain. Each elected or appointed local officer also is prohibited from k.nowingly voting on a measure
which inures to the special gain of a principal (other than a government agency) by whom he is relained (including the parent
organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special
, private gain 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, father-in-Jaw. mOlher.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 corporale shareholder (where the shares of the
corporation are not lis led on any national or regional stock. exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the connicl:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nalure of your interesl in the measure on
which you are abstaining from voting; and
WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for
recording the minutes of the meeting. who should incorporate the form in the minules.
APPOINTED OFFICERS:
Although you mu:tl. abstain from vOling in the silUations described above, you otherwise may participate in these matters. However,
you must disclose the nature of the connict before making any attempt to innuence 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 WLL BE TAKEN:
. YOII must complete and file this form (before making Bny attempt to innuence the decision) with the person responsible for
V recording the minules of the meeting. who will incorporale the form in the minutes.
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly al the next meeting after the form is filed.
CE fORM 88.10-91
"AGE I
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..
IF YOU MAKE NO AlTEMPT TO JNFLUENCE THE DEcJSJON EXCEPT BY DISCUSSJON AT THE MEETING:
· You must disclose oratly the nature of your connict in the measure before participating.
· You must complete the form and file it within IS days after the vote occurs \\ith t)te person responsible for recording the minutes of
the meeting, who must incorporate the torm in the minutes. A copy of the form must be provided immediately to the o~
members of the agency, and the form must be read publicly at the next meeting after the form is liIed. ~- 1
DISCLOSURE OF LOCAL OFFICER'S INTEREST
J,
8::u-1 C f'O 55.1.er
, hereby disclose that on
'1-/(P
,1997 :
(8) ,A measure came or will come before my agency which (check one)
_ inured to my special private gain;
_ inured to the special gain of my business associate,
_ inured to the special gain of my relative,
_ inured to the special gain of
whom J am retained; or
.iL inured to the special gain of UuJr--~ pIau:! -11L..ta-c..e. /rl.ed-!-{h 'S<t~lel'b
is the parent organilJuion or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my connicting interest in the measure is as follows:
. by
, which
~ ~ aei e~ loy"<e ~ 11Lur-h>t Plm4-- ~ J.ka./fu- :iy.{ ~ .
9-/~7
fJMI~~~~
Signalure
'Date Filed
NOTICE: UNDER PROVISJONS OF FlORJDA STATUTES ~112.317 (1991), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OFTHE FOLLOWJ~' '4
JMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUcrIOh~
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,OOO.
CE FORM 88.10.91
PACE J
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"'I"":""~l.",,'.'.' ..._...f_.._..........:............__...:..o_~.... ".. ..' .,..... ""I:~' :. j.,' .
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
L"ST NAME- HRSl !'\'AME -MIDDL.E N"ME
IJ Gt>Y-'A/l-b' ~f2-
\'tAILI '0 ADDRESS j e (2 CI'"
CITY COUNTY
(2/ €.a.. ~ W <A..- te- r
DATE ON" IlleH V TE eccu REO
'1 /(, q
NAME OF BOARD. COUNCIL.. COMMISSION. AUlIIORITY. OR COMMITTEE
Plan ;. f 2PM('o'
THE BOARD, COUNCIl. COMMISSION. AUTHORITY OR COMMlnEE ON
WHICH I SER VE IS A UNIT OF:
p4uv
o COUNTY
C OntER Loe...t. AOENCY
4A
NAME OF POL.ITICAL. 5UBOf'/S/ON:
C./~V''''''D--r~v-
MY POSITION IS;
c ELECTIVE ~roINTl\'E
WHO MUST FILE FORM 88
foJ i 1/"'/t1'
~l-t. '11"q.
This form is for use by any person serving at the county, chy, 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 connict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a connict of interest will vary greatly depending
on whether you hold an elective or appoinlive position. For this reason, please pay close atremion 10 the instructions on this form
before completing the reverse side and Ciling the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
,~A person holding elective or appointive county, municipal, or other local public oflice MUST ABSTAIN Cram voting on a measure
I ,1Wliwhich inures to his special privale gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure
which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent
organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special
private gain of a business associale. Commissioners of community redevelopment agencie,s under Sec. 163.356 or 163.357, F.S., and
officers of independenl spcciallax 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, father-in-law, mother-in-
Jaw. son-in-law. and daughter-in-law. A "business associate" means any person or enlity engaged in or carrying on a business
enterprise with the officer as a parlner, joint venturer. coowner of property. or corporale 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 situalions described above. you must disclose the connict:
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 vOling; and
WITH IN IS DAYS AFTER TH E VOTE OCCU RS by completing and filing this form with the person responsible for
recording the minutes of the meeting, who should incorporate the form in lhe minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these malleTS. However.
you must disclose the nalure of the conflict before making any allempt to innuence lhe decision. whether orally or in writing and
whelher 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 WLL BE TAKEN:
. You must complete and file this form (before making an)' attempt to innuence the decision) with the person responsible for
o recording the minutC'S of the meeting. who will incorporate the form in the minutes.
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly althe next meeting after the form is filed.
CE FOR M 18. 10.91
"AOE I
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{"
IFYOU MAKE NO AITEMPTTO INFLUENCE THE DEct~ION EXCEPT BY DISCUSSION ATTHE MEETING:
· You must disclose orally the nature of your conflict in the mciuure before participating.
· You must complete the form and file it within 15 days after the vote occurs v.ith t~e person responsible for r<<ording the minutes of
the meeting. who must incorporate the form in the minutes. A copy of the form must be provided immediately to the ~
members of the agency, and the form must be read publicly at the next meeting after the form is filed. fr-~
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, a,,,,cI ;11/<; IN" -::;~. . h...byd;,c1osc'hal on '0" /'1'7
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain;
_ inured to the special gain of my business associate.
_ inured to the special gain of my relative'l
-X inured to the special gain of Mpr7~" Pk..... f .Nt €~ ./
whom 1 am retained; or
_ inured to the special gain 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
{...jj;.J /I~ - ~ - h ~
~~/A~ '~f
.;j t.4 L <j( q ~ ~I rJ~f/f
c~-.....\
\ '
'-,;-'
Date Filed
,,11./4'7
/ / '
,NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (1991). A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWr ~~
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUcrIO~,
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,OOO.
CE fORM BS. 10.91
PAGE 2
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