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09.18.03City of Sanford PLANNING &ZONING COMMISSION Thursday - September 18, 2003 City Commission Chambers, '1 Floor, Sanford City Hall 304 North Park Avenue, Sanford, Florida Work Session — 6:00 PAN • Discussion regarding proposed revisions to Sanford's Land Development Regulations Re ufar Meetinq A enda - 7:00 P.M. Approval of Minutes September 4, 2003 Regular Meeting Minutes Consent Anenda C -1 Approve the Final Plat for the Preserve at Lake Monroe, Unit 2, an 80 unit single family residential subdivision located at 2770 Narcissus Avenue based on compliance with Chapter 177 of the State Statutes. Representative: Keith Ruddick - McIntosh and Associates C -2 Approve the Revised Site Plan for the Sanford oncology Center, Phase 2, a 4,000 square foot medical building located at 2100 W. 1 st Street based on the Site Plan meeting the Standards for Consideration. Representative: John Herbert, P.E. - American Civil Engineering Development Plans DP -1 Consider the Site Plan for Sanford South Water Resource Center, a new wastewater treatment plant at 3450 Cameron Avenue Tax Parcel Number: 03- 20- 31 -5AY -0000 -4530 Property Owner: City of Sanford Representative: Paul Moore, Utilities Director DP -2 Consider the Site Plan for Hudson's Furniture, a 54,255 sq ft warehouse expansion at 3290 W. 1st Street Tax Parcel Numbers: 22 -19 -30 -5AD- 0000- 03301033AI033B and 2219 -30 -5AD -0000 -0400 Property Owner: Fred Hudson Representative: Mitch Collins, P.E. Public Heari nos PH -1 Hold a Public Hearing to consider a Conditional Use request to establish Residential Dwellings (Townhomes) in GC -2, General Commercial zoning for Airport Boulevard Townhomes at 100 Americana Boulevard Tax Parcel Number: 12 -20 -30 -300 -012C -0000 Property owner: Legacy Inv. LLC Representative: Robert L. Horian, President - Suncor Properties Inc. PH -2 Hold a Public Hearing to consider a request to Rezone 15.484 acres at 3940 Church Street to PD, Planned Development to allow industrial land uses for the Cox Lumber Facility Expansion. Tax Parcel Numbers: 15 -19 -30 -5AC- 0000- 04401044A1044B & 15 -19 -30 -5AC- 0000 -0350 Property Owners: Tibbetts Land LLC and Cox Lumber Company Representative: Meredith Harper - Shutts and Bowen LLP Staff Reports Citizen Participation Commissioners Reports Adjournment ADVICE To THE PUBLIC. if a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings including the testimony and evidence, which record is not provided by the City of Sanford (FS 286.0105) Persons with disabilities needing assistance to participate in any of these proceedings should contact the Human Resources office ADA Coordinator at 407 - 330 -5626, 48 hours in advance of the meeting. Page 1 of 1 MINUTES PLANNING & ZONING COMMISSION WORKSHOP MEETING OF SEPTEMBER 18, 2003 7:00 P.M. CITY COMMISSION CHAMBERS CITY HALL, S ANF ORD, FLORIDA MEMBERS PRESENT: Ross Robert Brian Volk Mike Skat Gary Lowell Bobby V onHerbulis Carol Dennison Eddie Green Richard Huber MEMBERS ABSENT: Andy Kutz, excused Rami Yosefian, excused Otto Garrett, excused OTHERS PRESENT: Russ Gibson, Director of Planning and Community Development Antonia Gerli, Principal Planner Eileen Hinson, Planner Nick Balevich, Planner Mary Muse, Recording Secretary Mr. Robert called the Workshop Meeting to order at 5:04 P.M. Mr. Gibson stated that the Workshop was scheduled to go over amendments to the Land Development Regulations. A short outline with suggested changes was presented to the board. The first required change deals with the effective moratorium on Multiple Family Residential development. Ms. Gerli stated that she found a new type of apartment complex called "The Big House." The site design is very similar to a single - family subdivision with the scale of the buildings and the configuration being the same. The buildings are clustered together allowing opportunity for open space. The building looks like a big house with six to eight apartments in each building, with most of them having garages, but not all have to. The proposal requires that fifty to sixty percent be required to have attached garages. Some of the buildings will be three stories. Ms. Dennison stated that she likes the concept and suggested having larger garages to accommodate larger vehicles. Mr. VonHerbulis stated that a three story building, as well as the size of the building, triggers the fire sprinkle requirement. PLANNING & ZONING COMMISSION MINUTES -- WORKSHOP OF SEPTEMBER 18, 2003 PAGE 2 Mr. Skat stated that he pushed for the moratorium because of there being more rental units than single family structures. He asked that before this went to the City Commission if it could be determined what the common mix is for a city our size. Mr. Skat also stated that he would like to see a moratorium on apartment PD's. Ms. Gerli stated that the comparable city to our size is Altamonte Springs and they have a higher rate of renters. Ms. Hinson distributed a map, which identified proposed townhome projects. Mr. Gibson suggested that possibly the board could consider similar standards for townhome developments. Mr. Gibson stated that he spoke with Mike Hattaway from Seminole County regarding protecting landowners when a residential use is engaged first. Mr. Skat stated that the burden should fall on the developer who is requesting a change of use for a new residential development and not on the adjacent industrial use. Mr. VonHerbulis stated that he was concerned about public hearings with the residential occupants coming in and complaining about the proposed industrial use. Mr. Lowell stated that he would rather see more fee simple condominiums than apartments or townhomes. Mr. Lowell asked if a developer brought in an apartment project under the new urban planning concept, would it preclude it. Ms. Gerli stated that she was asking if this should be applied to the SC -3 or the waterfront downtown business future land use district. Mr. Gibson stated that he had a dialogue with the activity center developer in regards to mixed -use development. The city needs to decide if they want these standards in place when there is such a development being proposed. Ms. Gerli stated that she had spoken with the City Attorney and he said that the only way to raise the bar is to adopt design guidelines. Mr. Lowell stated that he would like to see common green spaces with walkways, benches, and a school bus pick up station as feature. Also, the articulation of the buildings with different facades and the limiting to a two -story building is great. Mr. VonHerbulis stated that he would not be opposed to allowing three story buildings on the interior with two story buildings along the exterior of the development. Also, he would rather see the garages on the interior court instead of along the street. Mr. Gibson stated that there will be subsequent workshops and staff also recommends that there be subcommittees to work with staff on some of the issues. Mr. Gibson asked the board if they agreed having Staff develop standards for townhomes and they agreed. Some other issues being considered are: Schedule B - eliminating the regulation of alcoholic beverage sales in the LDR, correct irregularities and ambiguities associated with Commercial Amusements; Schedule J — type of trees, availability and cost due to size requirement (4 "- 5" caliper) and specific PLANNING & ZONING COMMISSION MINUTES — WORKSHOP of SEPTEMBER 18, 2003 PAGE 3 canopy trees (oaks) in areas are problematic within the development community; Schedule K —staff has observed various complications and inconsistencies while trying to administer the regulations; Schedule Q — incorporate policy of East Central Florida Regional Planning Council which requires school capacities to be assessed during development approval process; Board of Adjustment has recommended that adjacent property owners of variance requests be notified by certified mail. Mr. VonHerbulis asked staff to take into consideration overhead power lines when reviewing the landscaping requirements. Mr. Skat suggested taking pictures of sites that were approved five to seven years ago to show what the tree canopy looks like now. Mr. Lowell suggested having a guideline for what constitutes a comprehensive sign program. Mr. Lowell also suggested adding "walkable communities." Mr. Skat stated that regarding notification to surrounding owners for the Board of Adjustment cases, he would like to have a statement added that would allow staff, at their discretion, be able to notice the public on site plans and subdivision plans. ADJOURNMENT. There being no further business, the meeting adjourned at 7:07 P.M. Ross Robert, Chairman MINUTES PLANNING & ZONING COMMISSION MEETING OF SEPTEMBER 18, 2003 7:00 P.M. CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT: Ross Robert Brian Volk Mike Skat Gary Lowell Bobby VonHerbulis Carol Dennison Eddie Green Richard Huber MEMBERS ABSENT: Andy Kutz, excused Rami Yosefian, excused Otto Garrett, excused OTHERS PRESENT: Russ Gibson, Director of Planning and Community Development Nick B alevich, Planner Mary Muse, Recording Secretary Mr. Robert called the meeting to order at 7:07 P.M. MINUTES, Mr. VonHerbulis moved to approve the Minutes of the September 4, 2003 Regular Meeting. Ms. Dennison seconded. All in favor. Motion carried. CONSENT AGENDA. Approve the Final Plat for the Preserve at Lake Monroe, Unit 2, an 80 unit single family residential subdivision located at 2770 Narcissus Avenue based on compliance with Chapter 177 of the State Statutes. Keith Ruddick with Donald W. McIntosh & Associates was present. He stated that there is a five -foot wall easement along the west property line and there is also a twenty -five foot buffer easement. Mr. VonHerbulis asked that if the vacant lot next to Lot 228 was an entrance due to the curvature of the lot. Mr. Gibson reported that per the interest of the public safety staff, they wanted a cul -de -sac or turnaround area. This area is for emergency use only and the only access is through Phase 1 from 17- 92. PLANNING & ZONING COMMISSION MINUTES --- MEETING OF SEPTEMBER 18, 2003 PAGE 2 Mr. Skat moved to approve per Staff s recommendation. Mr. VonHerbulis seconded. All in favor. Motion carried. Mr. Lowell stated that he appreciates the additional notes on the site maps, which indicates what the adjacent properties are. Approve the Revised Site Plan for the Sanford oncology Center, Phase 2, a 4,000 square foot medical building located at 2100 W. 1" Street based on the Site Plan meeting the Standards for Consideration. Laura Keller with American Civil Engineering was present. Ms. Keller stated that the original plan had two lots and they are in the process of submitting a minor subdivision plan for three lots. After the completion of phase two, they will begin phase three. Mr. Skat asked that when the property to the west is developed would the city require them to have alignment with their ingress /egress with this project. Mr. Gibson stated that the city would require the access from Terwilliger Lane and the alignment should be in accordance with the existing driveway. Mr. Lowell stated that the site plan shows that there will only be one ground sign, which was what was originally approved and asked if there will still be only one sign. Ms. Keller stated that there would be only one sign with three different doctor's names on it. Mr. Skat moved to approve per staff s recommendation. Mr. Huber seconded. All in favor. Motion carried. DEVELOPMENT PLANS. Consider the Site Plan for Sanford South Water Resource Center, a new wastewater treatment plant at 3450 Cameron Avenue. Paul Moore, Utility Director for the City of Sanford, was present along with Ben Fries with CPH. He stated that they have a twenty -acre orange grove site that they would like to build a wastewater plant on, which they have already received a conditional use for. This will be a three -phase treatment plant which will have a chain link fence around the perimeter with barbed wire at top due to security issues and the front entrance will have a decorative type fence. Mr. Skat stated that due to the Lake Mary Boulevard extension touching the front corner and the future development on the parcel to the west, there should be a wall instead of a fence. Mr. Gibson stated that there was discussion at staff level review regarding augmenting the planting of jasmine on the fence. Mr. Moore stated that there is a fifty -foot buffer around the entire site and they will try to leave one or two rows of the existing orange trees around the perimeter. There is an extensive ditch that runs PLANNING & ZONING COMMISSION MINUTES — MEETING OF SEPTEMBER 18, 2003 PAGE 3 around the entire perimeter with some nice trees on both sides, which will not be removed. They can try and do something more aesthetic at the front corner where the road touches. From a map, Ben. Fries indicated the three phases of construction, including what would be built within each phase. Phase two will be done five to seven years from now with phase three being done ten to fifteen years from now. There is a natural buffer along the west property at edge of ditch, which they will be using as part of the buffer. Mr. Fries stated that a berm could also be built with plantings planted on top it. Mr. Skat asked if the Lake Mary Boulevard extension ali was set at time of the conditional use approval. Also, with this being the gateway in or out of the Airport, there is a concern about visual aspects with the thirty -foot high dome tank. Mr. Moore stated that they knew it would be going through, but not aware of the ali location. Mr. VonHerbulis asked staff what the landscape requirement was for the buffer. Mr. Gibson stated that it would be the same as any standard industrial development. Mr. Skat moved to approve per Staff's recommendation subject to along the north side there is to be a masonry wall with details to be worked out with staff and a vegetation landscape plan being worked out with staff. Mr. Lowell seconded. After discussion regarding the masonry wall requirement along the entire northern property line, Mr. Skat amended his motion to require the seven foot masonry wall to be installed from the northwest corner to the first ditch to the east with the remaining northerly property line having a berm with landscaping. Mr. Lowell seconded amended motion. All in favor. Amended motion carried. Consider the Site Plan for Hudson's Furniture, a 54,255 square foot warehouse expansion at 3290 W. 1 St Street. Mitch Collins, representative for the owner Fred Hudson, was present. Mr. Collins stated that there is an existing canal along the western property line, which is a county right -of -way easement. Mr. Gibson stated that were multiple existing zonings on the property and back in March the properties were enveloped into one site and rezoned to PD. The Master Plan is for the entire project, which includes the future phase that is before the board tonight. Mr. VonHerbulis asked about the buffer setback requirements because the board previously approved a site for Harvest Time, which required a wall along the property line abutting this property. Also, he asked about the retention pond. Mr. Gibson stated that the future building's westerly wall will serve as the buffer wall and the City Engineer has worked with Mr. Collins to make sure the retention pond complies with all regulations. Mr. Skat asked who would maintain the ditch to make sure water will not pop off and added that there needs to be an agreement with the County that they recognize the ditch needs to be maintained. Mr. Gibson stated that a letter signed by the Chairman of this Board could be sent to the County addressing concerns of the board in regards to the maintenance of the ditch. PLANNING & ZONING COMMISSION MINUTES — MEETING OF SEPTEMBER 1 8, 2003 PAGE 4 Mr. Lowell stated that the Board should take this opportunity to ask the applicant to bring the existing sign along 46 into compliance with the new sign ordinance. Mr. Collins stated that the owner does not want to replace the sign now that they would like to wait until it is time to bring it into compliance. Mr. VonHerbulis asked about water and sewer services and mentioned to Mr. Collins that he maybe required to add additional restrooms due to travel distance. Mr. Collins stated that the new building is for storage only and they do not need to add any additional fixtures. Mr. Gibson stated that he would verify with the County and if they were required to increase the drain field, they would have to tie into the city services due to lack of additional land that would be needed. Mr. Lowell moved to approve per Staff s recommendation with the addition that the existing sign be brought into compliance with the new sign regulations. Mr. Skat seconded. After discussion about additional screening along the west side adjacent to the residential structures, Mr. Lowell amended his motion to include that in lieu of requiring a buffer wall adjacent to the residential structures to the west, letters can be submitted from the adjacent property owners acknowledging they do not have a problem with the augmentation of additional landscaping between their property and the adjacent site. Mr. Skat seconded amended motion. All in favor. Amended motion carried. PUBLIC HEARINGS. Hold a Public Hearing to consider a Conditional Use request to establish Residential Dwellings (Townhomes) in GC -2, General Commercial zoning for Airport Boulevard Townhomes at 100 Americana Boulevard. Mr. Skat stated that he would be abstaining. Bob Horian with Suncor Properties was present. During the preliminary subdivision review, it was discovered that this one parcel was zoned GC -2 which requires a conditional use for residential use. Mr. Gibson stated that the Preliminary Subdivision Plan is scheduled to go. before the City Commission on Monday. The character of the adjoining properties is approved for residential /multiple family use. Mr. VonHerbulis moved to approve per Staff s recommendation. Mr. Volk seconded. Mr. Skat abstained, all others in favor. Motion carried. Hold a Public Hearing to consider a request to Rezone 16.484 acres at 3940 Church Street to PD, Planned Development to allow industrial land uses for the Cox Lumber Facility Expansion. Mr. VonHerbulis stated that he would be abstaining. PLANNING & ZONING COMMISSION MINUTES — MEETING OF SEPTEMBER 18, 2003 PAGE 5 Meredith Pickens, representative for Cox Lumber and the Tibbets was present. She stated that they came before this board about two years ago to annex and now they are wanting to expand. They currently are annexing the western property. Under Staff s report Item E requires all future development on both sites meet safety codes. Since there is an existing truss facility that will become a storage area they want the conversion to be excluded from the future development clause. They are going through Seminole County to vacate the road and once it is vacated, then a Unity of Title can be accomplished. Mr. Gibson stated that he has no objection to the modification of language, but would like to ensure there is not a conflict with the fire codes and also the pre - annexation agreement may. take precedent. Present to Speak: Terry Rabun, property owner of 750 & 755 St. Joseph Court stated that he is not opposed to the request but is concerned about the drainage problems in the area. Mr. VonHerbulis stated that if and when the improvements are made to C 15, there is a drainage pipe that is to be installed under the railroad tracks that will help with the drainage in the area. Mr. Gibson stated that Church Street is the dedicated east/west corridor between White Cedar Road and C15. Mr. Skat moved to approve per Staff's recommendation with a notation to Item E being that it only pertains to the new site and the reuse of the prior piece is not subject to this condition. Ms. Dennison seconded. Mr. VonHerbulis abstained, all others in favor. Motion carried. CITIZEN PARTICIPATION. STAFF REPORTS, Mr. Gibson informed the board that the City Commission has approved the first reading to amend Schedule S to allow properties to apply for a variance involving types of construction for windows, doors, and fences with the second reading and adoption of amendment to the ordinance .at their next meeting. Mr. Gibson distributed information on the FPZA conference that will beheld in Naples, FL on October 15 through the 18 He informed the board that if they were interested in attending, they should complete the application and return it to his office. He also stated that there is a workshop for planning officials that is very insightful. Mr. Skat stated that someone from Staff should attend. PLANNING & ZONING COMMISSION MINUTES — MEETING OF SEPTEMBER 18, 2003 PAGE 6 COMMISSIONER REPORTS, Mr. VonHerbulis stated that he went to the City of Orange City for a development and they have an architectural review citywide. They also told him that they reviewed Sanford's Schedule S and they would not even consider it. Mr. Lowell asked about the new auction business located on 46 regarding the parking and signage. Mr. Lowell was informed that the property is located within the County. Mr. Skat asked why the County can not fix the problems along 46, especially the junkyard. Mr. Gibson stated that he has spoken with Don Fisher and Matt West regarding issues along SR46. Mr. Skat stated that a letter needs to be sent by the Mayor, Commissioners, and the City Manager addressing Sanford's concerns. Mr. Volk asked about the old Scotty's building in regards to a sign being installed and if a permit was issued for it. Mr. Gibson informed him that a permit was not issued for the sign and that he has spoken with a company representative and has voiced several issues with them. They apparently are having a problem with getting a surveyor out to the site, but once the site plan is received the City will identify all requirements that are needed. Mr. Skat asked if American Door was still planning to develop the old site. Mr. Gibson stated that they will be doing only an expansion to the old building now. Mr. Lowell asked if the billboard sign would be removed from the American Door site on SR46 when they expand to the west. Mr. VonHerbulis stated that as part of the approved site plan, they were to remove the billboard sign. Mr. Gibson reported that City Commission omitted the removal of the billboard sign, but the sign will be impacted with the expansion. Mr. Skat asked Staff about the occupancy of the old Scotty's building in regards to how does it happen that they can occupy and open a business without approvals. They have been operating there for 2 months and the City needs to put their foot down and make them close their business until they receive all approvals. Mr. Gibson stated that these individuals did have dialogue with the Fire Department from day one and regarding the safety issues, they are in good standing with f re .and building. Mr. Skat stated that there seems to be special preferential treatment for some businesses and not others. Mr. Lowell stated that a punch list should be issued with a time limit to correct the items. Mr. VonHerbulis stated that when a building sits vacant for more than six months, the Florida Building Code requires the building to be altered to meet all current codes and the Fire Marshall does not have any say in it. Mr. Skat stated that the fire department made a decision to go outside of the current code and it needs to be investigated and suggested that Mr. Gibson have a meeting with the Fire Chief. Mr. Gibson stated that he will try to present physical evidence of the status at the next meeting. PLANNING & ZONING COMMISSION MINUTES — MEETING of SEPTEMBER 18, 2003 PAGE 7 Mr. VonHerbulis complimented Mr. Gibson on how well he works with the public. Mr. VonHerbulis asked about the mud pit at The Barn. Mr. Gibson stated that the board approved a conditional use with time restrictions to obtain site plan approval and make improvements. The time has expired and they are attempting to work with staff to get the site plan approved and both the Mayor and City Manager has directed staff to work with the owner regarding the mud pit per each event with an estoppel letter. They have been allowed to operate the events without improvements to the site. Mr. Robert asked about the old Palace building. Mr. Gibson informed him that CRA has directed staff to investigate the structural integrity of the building and if the city is not able to get cooperation from the owner, the building may have to be condemned. Virgil Hurley stated that CRA wants the building to be investigated, not demolished. The Historic Preservation Board had stated that CRA wanted it torn down and that is not correct. Mr. Hurley also asked if there was a permit for the Stairs building. A permit was posted but nothing was listed on the permit. They are also removing asbestos from the building and he is concerned about the shared open area into the restaurant. Mr. Gibson stated that he would get with staff and have it checked. ADJOURNMENT. There being no further business, the meeting adjourned at 9:43 P.M. Ross Robert, Chairman N 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 r bs to his or her special private gain or loss. Each elected or appointed focal officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 153.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. l APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. (OU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 112000 PACE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediate to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, � ef �- y �� ��� U' � �S, hereby disclose that on �e�e -n'1 bef - 1 20 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or less of my business associate, , inured to the special gain or loss of my relative, inured to the special gain or loss of. whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed Signature , by , which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM BB - EFF. 112000 PAGE 2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS M -FI ST NAME - MIDDLE NAME N OF BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE C,�� l � c4-- 7-nn i (1 (YlM ass i �n MA ING ADDRESS � n � � THE BOARD, COUNCI MMISSION, AUTHORI OR COMMITTEE ON WHICH I SERVE IS A U T OF: CI IN ❑COUNTY 13 OTHER LOCAL AGENCY AME OF CAL TICAL S IV ION: � -S� k''. 0� DATE ON WHICH VOTE OCCURRED �"� MY POSITION ISO L3 ELECTIVE ELECTIVE , APPOINTIVE l U WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 11 2.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which res to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting vn a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 153.356 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 officers father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and fling this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. t APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST ,hereby disclose that on ��� � � �� � ° , 20 0 -3 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, V A C a-tt f ( • inured to the special gain or loss of my relative, • inured to the special gain or loss of. whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed , by , which Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 112000 PAGE 2