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HomeMy WebLinkAbout01211999 PZ CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING JANUARY 21, 1999 This meeting is being voice transmitted over Falcon Cable Television channel 35. Chron. Schulke called the meeting, to order at 7:00 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Mr. Mathis Mr. Thomas Mr. Mahoney(a) Chron. Schulke Mr. Mather VC Pliska Ms. Vesia UNEXCUSED ABSENCE: Mr. Kevin MacWilliam(a) ALSO PRESENT: Jan King, Growth Management Manager Tracy Haas, Growth Management Director Rich Stringer, City Attorney Dorri Bosworth, Secretary ANNOUNCEMENTS: Chron. Schulke announced that Mr. Mahoney(a) will be voting in plaoe of Mr. MacWilliam, and City Council will be reviewing applications for the vacant' position on this Board, Wednesday, January 27a, at the regUlarly scheduled. City Council 'meeting. He then noted that under item 7. D & E, he will have a voting conflict, will submit.a Form 8B, and VC Pliska will run the meeting during those two issues.- (Secretary's'~note- Mr. Mahoney(a) would be voting in place of Mr. Fischer, who resigned as a full member.) At this point, Atty. Stringer announced that on items 7. E and F, Site Plan Reviews will be quasi-judicial, which is not noted on the agenda, but the Commission will have .to follow the quasi-judicial review procedures. APPROVAL OF MINUTES: (1/7/99) MOTION by Mather/Vesia I make a motion that we approve the minutes of thregul~'~ me~'~'~'of'~~ Planning and Zoning Commission. Roll call: Mr. Mahoney(a) - yes Mr. Thomas - yes Mr. Mather - yes Chron. Schulke - yes VC Pliska - yes Mr. Mathis - yes Ms. Vesia - yes PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 21, 1999 The vote was 7 - 0. Motion carried. OLD BUSINESS: A. PUBLIC HEARING - Home Occupational License - 1350 Starboard Street - Kathleen Stackelbec=k.- Real Estate Ms. Stackelbeck, 1350 Starboard Street, Sebastian, was present. Ms. Stackeibeck and Jan King were swom in by Chmn. Schulke. There were twenty-three (23) notices of hsedng sent out and there were no objection or non-objection letters received. Ms. Stackelbeck gave a brief presentation of using her home for office and.telephone, with no one coming to her home. Jan King gave staff presentation and recommended approval. Chmn. Schulke opened and closed the public headng at 7:06 pm, as there was no public input. MOTION by Vesia/Pliska I make a motion that we approve the Home Occupational license for Kathleen Stackelbeck as Coastal Area Properties, 1350 Starboard Street, Sebastian. Roll call: Mr. Mather - yes Chmn. Schulke - yes VC Pliska - yes Mr. Mathis - yes Ms. Vesia - yes Mr. Mahoney(a) - yes Mr. Thomas - yes The vote was 7 - 0. Motion carried. NEW US, tESS: B. PUBLIC HEARINGS - Home Occupational Licenses: 1. 481 Avocado Avenue - Paul T.=Smith - Roofing Contractor Mr. Paul Smith, 481 Avocado Avenue, Sebastian, was present and was swom in. by Chmn~ Schulke. There were forty (40) notices of headng sent out, and there was one objection and no non,objection letters received. Mr. Smith was provided with a copy of 'the objection letter. ' Mr. Smith gave a brief presentation, noting that he will only be answering the phone and keePing some records. He indicated that the'only piece of equipment at ~is address will PLANNING AND ZONING COMMISSION MINUTES OF REGULAR .MEETING OF JANUARY 21, 1999 be his pickup truck and any materials would be kept on the truck. Chmn. Schulke noted that the objection letter referred to double gates on Mr. Smith's fence, and the concerned party was concerned that these gates were meant to allow material to be stored in the rear yard. Mr. Smith responded that the fence and gates are for the pool in his rear yard. Jan King gave staff presentation and recommended approval. Chmn. Schulke opened and dosed the public headng at 7:11 pm, as there, was no public input. There was discussion of the double gate in Mr. Smith's fence. MOTION by Mather/Vesia I make a motion that we approve Paul T~ Smith Roofing, the applicant, Paul T. Smith, at 481 Avocado Avenue for a Home Occupational license. Roll call: VC Pliska - yes Chmn. Schulke - yes Ms. Vesia - yes Mr. Mahoney(a) - yes Mr. Thomas - No Mr, Mather - yes Mr. Mathis - Yes The vote was 6 - 1. Motion carded. 2. 154 Crawford Drive - Mike Ober- Handyman Mr. Mike .Ober, 154 Crawford Drive, was present and was sworn in by Chmn;'Schuike. There were thirty-two (32) notice of hearing sent out and there ware no objection or non- objection letters received. Mr. Ober gave a brief presentation. Jan King gave staff presentation, reviewed the 'parameters of the handyman license, and recommended approval. She noted that. Mr. Ober will'Sign the affidavit that is provided by the City Clerk's office regardirtg the.limitations of a Handyman's license. Chmn. Schulke opened and closed the public hearing at 7:18 pm, as there was no public input. MOTION by Vesia/Mather I make a motion that we approve the Home Occupational license for Mike. Ober's Business Service, Handyman, at 154 Crawford Drive, Sebastian. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 21, 1999 Roll call: Ms. Vesia - yes Mr. Thomas - yes Chmn. Schulke - yes VC Pliska - yes The vote was 7 - 0. Motion carried. Mr. Mathis - yes Mr. Mahoney(a) - yes Mr. Mather - yes PUBLIC HEARINGS - Model Home Permits: 1. New- Groza Builders, Inc, - 49~ Tulip Drive Mr. John Groza, 1417 Osprey Cove, St. Lucie West, President of Groza Builders, was present and was sworn in. There were twenty-three (23) notices of hearing sent out and there were no objection or non-objection letters received. Mr. Groza gave a bdef presentation. Jan King gave staff presentation and recommended approval. Chron. Schulke opened and closed the public hearing at 7':22 pm, as there was no public input. MOTION by Mather/Vesia I make a motion that we approve Groza Builders for a model home .on '493 Tulip Drive. Roll call: Mr. Thomas - yes Mr. Mahoney(a)' -yes Chmn. Schulke - yes Mr. Mather - yes Mr. Mathis - yes VC Pliska - yes Ms. Vesia - yes The vote was 7 - 0. Motion carried. 2. New - CEMCO, Inc. - 1211 Barber Street Mr. Tahir Qizilbash, 1014 Topsail Lane, was present representing CEMCO,.Inc., and wes sworn in by Chmn. Schulke. There were twenty-one (21) notices of headng sent.out, and there was one (1) objection letter and no non-objection letters received; The applicant was provided a copy. of the objection letter. Mr. Qizilbash referred to the objection letter and noted that he graded, the property according to code and it was approved. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 21, 1999 Chmn. Schulke referred to the objection letter and explained the neighbor's concern. Jan King noted that the City Engineering Dept. will receive a copy of the objection letter, and also noted that Engineering has already met with this neighbor. Ms. King indicated that Engineering will follow up on this issue. Ms; King gave staff presentation end recommended approval. Chmn. Schulke opened and closed the public hearing at 7:28 pm, as there Was no publiC input. MOTION by Pliska/Mather I make a motion that we approve CEMCO Homes for a conditional use.permit'for a model home on 1211 Barber Street, Lot 26, Block 272, Sebastiart~.Highlands, Unit 10. Roll call: Mr. Mathis - yes Mr. Thomas - yes Mr. Mahoney(a) - yes Chron. Schulke - yes Mr. Mather - yes VC Pliska - yes Ms. Vesia - yes The vote was 7 - 0. Motion carried. 3. Renewal - Tozzolo Bros. Construction - 1271 Barber Street Ms. King noted that historically, the applicants aren't required to appear before this Commission on a renewal unless there has been some problem. There were thirty-four (34) notices of hearing'sent, and we received' no objection .or non, objection letters. Ms. King gave staff presentation, noted that there have been no complaints regarding this model home during the past year, and recommend approval. Chron. Schulke opened end dosed the public hearing :at 7:30 pm, as there was no.public input. MOTION by Pliska/Vesia I'll make a motion that we renew the permit for the model home at 1271 Barber Street for Tozzolo Brothers, Construction Company. Roll call: Mr. Mahoney(a) - yes Mr. Thomas - yes Mr. Mather - yes Chmn. SchUlke - yes VC Pliska - yes Mr. Mathis -'yes Ms. Vesia - yes PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING'OF JANUARY 21, 1999 The vote was 7 - 0. Motion. carried. At this point, Chmn. Schulke stepped.down end turned the meeting ov~!i:tO:Vice Chmn. Pliska. D. ACCESSORY STRUCTURE REVIEW -Section 20A..5:?,D,7 - 1768 Skyline Lane - 640 Sq, R. Datached-' .Garaga - Coastline. Developamnt Mr. Dennis Quigley, 4105 Sabal Palm Drive, was present representing the owner. Ms. King gave staff presentation. VC Pliska opened and closed the public hearing at 7:38 pm, as there was no public input. During discussion, it was noted that the owner-haS requested 60 AMP service to this building from the main house. MOTION be Mather/VeSia I make a motion that we approve Coastline Development, 1758 Skyline Lane for the accessory structure. Roll call: Mr. Mather - yes 'Mr. Mathis - yes VC Pliska - yes Mr. Mahoney(a) - yes Ms. Vesia - yes Mr. Thomas - yes The vote was 6 - 0. Motion carried. E. SITE PLAN REVIEW - Captain Hiram,s Hotel -1580 U.S. I'lighway#~i - Modification to previously approved, plan - GMC Zoning Diatriot Mr. Tom Collins, Mr. Ben Bishop, Mr. Joseph Schulke, and Mr. Mickey.Capp were sworn in by VC Pliska. Tom Collins was present representing Captain 'Hiram'S .a. nd gave pmser~tation on this major modification to a plan. il'mt Was approve~ ~y' 26"", 1998, and ex~.' ecl.to.April, 1999. He gave a histery ~this project and"~ 2 visual plans, ~e ~'that the number of units have been reduced from eightY,::(~0), units down to fifty two' (52) u~ 29 motel rooms, 19 extended stay suites, and four (~4)"luxury suites overlooking the water. He also noted that nearly all units will enjoy a view-of the water. He added that the hotel will also include meeting rooms, breakfaSt rooms, a free-form pool and decks, and extensive landscaping, particularly around.-the pool area. He went on to describe other details of the building, open space re~ents, drainage, parking and:.signage, He. commented that by the time the cedJfic, ate of .occupancy is required, one :'of the uses presently in action will be eliminated so that the parking requirement will be'mat. He then spoke on the building height and displayed another drawing. He c0.,~ on economic advantages to the area, use of local contractg~ as much as possibl~i,.~imong PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 21, 1999 other Issues. He asked that this Commission go along with staff recommendations .and approve this project. Mr. Joe Schulke of Knight, McGuire and Associates of Veto Beach, FL, and a licensed engineer who worked on this project, gave a presentation and spoke of planning it around all local issues and requirements including the Riverfront Code. Mr. Ray Coniglio, 941 Carnation Ddve, Sebastian referred toa letter dated ~ber 2 from the Sebastian River Area Chamber of Commerce. All Commission members had access to that letter. He spoke of the positive economic impact in the area. He concluded with a request for a favorable recommendation on this site plan. There was no other public input at this point. Mr. Tracy Hass gave staff presentation and noted that this modified site.plan is a reduction of impact on the area, and also bdnga an increase in parking and. open .space, which is beneficial to the City. He also noted that this modification follows th~?R~nt scheme better than the odginal plan and provides visual corridors to the river. He noted issues that this P & Z Commission needs to find, in favoring the site plan: Landscaping on the north and south property lines (there are buffers pmsentiy 'on these lines.) A waiver of the land~=a, pe strip when there ks adjace~ landscaping has been requested -Section 20-13.9.D Parking chart on page 7 of the staff report - 268 spaces required, ar~l:.2~ ,being provided - eliminate a use to eliminate five (5) spaces. City Engineer report' recommends approval of twenty-two (22) ff.' aisles as opposed to twenty*four (24) ft. aisles, and she noted the design standards will not be changing. Height of building - with the height difference between Indian River Drive and U.S. Highway #1, the Riverfront .Code allows a waiver for any requirement in the Riverfront Code, including measuring from U.S. #1. Cdteda for a waiver includes an inordinate burden - the property runs from U.S. #1 to the river. If this projected building is measured from Indian River Ddve, it will be slightly over the height limit; if it measured from U.S'. #1, it will be slightly under the height requirement. Mr. Haas noted that staff recommends that this Commission use either U.S. #1, or the surrounding grade asa measuring.point. Mr. Hass then referred to the three conditions on page 9 of the staff report and read them for .the record. VChmn. Pliska asked for clarification about building height.using the two different roads as measuring points. Mr. Schulke was asked how deign changes would impact the project if Indian River Drive is used to calculate height. Mr, Schulke gave information on the impact on drainage. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 21, 1999 There was discuSSion about the pitch of the roof. Mr. Collins explained about the reasons for having a 4/12 pitch, Mr. Thomas referred to a litter by Ruth Sullivan. Mr. Collins responded to this inquiry. Mr. Mather commented that Mr. Collins and his engineering group have done a nice job of planning that piece of land and it will be a credit to the-City, Fred Augenstein, 179 Caprona Street, Sebastian, .Director of Marketing and Salis at MESA Park, spoke of many referrals to event attendees for lodging in either South Breverd County or to Vero Beach because the few hotel rooms available in.this area are filled ahead ,'of time. He then commented that this project will keep tax dollars in this community and willbe a good thing for Sebastian and the area that we live in. Cheryl Elsessor, 9670 Rivervliw Drive, Sebastian, who, with her hu~bend, own Realty Place in Sebastian, recommends approval of'this project. She commentedthatthis .wiit be a quality project and a definite asset to the community. jim Hankins, 1200 Indian River Drive, Sebastian, owner of three (3) pieces of property.in the Riverfront District, commented that this project will ' be a wonderful contribution to,the Riverfront Plan and an asset to the community. Milt Thomas, Director of Economic Development .for the Indian River Chamber of Commerce in Vero Beach, and residing at 686 Glinview Terrace, Vero Beach, FL, commented that his group is quite excited about this project.. He also noted the: 'Scarcity of accommodations in this area up to this point. He summarized by noting that. he is very much in favor of this project VChmn. Pliska closed the public hearing at 8:18 pm. Atty. Stringer referred to condition #1 of the staff report, and suggested that the following phrase be added to provide, the applicant with a choice of 'options for the future - "The applicant shall obtain an appropriate vadanca or .... " Mr. Mahoney asked for 811 explanation of a major modification of a site plan. Atty. Stringer gave explanation, noting that this site has already had a minor, modification, which automatically makes this a major modification. There was more discussion on this issue. Mr. Mahoney asked if a "hold harmless" clause would be necessary for the crosswalk, and Atty. Stringer responded that it would be en appropriate condition. .Mr. Mahoney referred to section '20A.13.6C of the tree code in reference to consent affidavits from adjacent property owners and there was discussion on this issue. There was also discussion of canopy treeS', in.:the islands outside the building, and alee the paint scheme, which Mr. Hass noted will be in line with the RiverfrOnt District Requirements. At this point, Mr. Mahoney commented that he is in favor of this project. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR.MEETING OF JANUARY 21, 1999 MOTION by MatherNesia I make a motion that we approve the project major modification pre. sly approved of Captain Hiram's Hotel with staff's recommenda~ stipulation that item #2 is a hardship that would, require the building ,to.be.t0wemd into the ground at a major cost impa~ therefore, that the zoning all¢~ 'fer the 34.7 variance, and that'we accept staff's recommendation and accept the drawings 2078B, AS2, by Knight, McGuinnis (McGuire) & Associates, and 2078LSl, and that we have Garrison, Ban'ett Group, A31, A11, A21, and in item #1, the applicant shall remove either obtain applicable variance or forty-five as written, and add item ~4 - that the City shall be held harmless for the sidewalk across. Indian River Drive. (Secretary's note: Condition #1 should read- "The applicant shall obtain an appropriate variance, or rernove.either the 45 passenger fishing boat from operation, or eliminate a current use with a requirement for a minimum of 5 perking spaces prior to 'receiving a certificate of occupancy.") Discussion: There was a brief discussion between Commission members and Atty. Stringer. Roll call: Ms. Vesia - yes Mr. Mathis -yes Mr. Thomas - yes Mr..Mahoney(a) - yes Mr. Mather - yes VChmn..Pliska - yes The vote was 6 - 0. Motion carded. A 'short break was taken 'from 8:35 to 8:41 pm. All members previously present returned. VChmn. Pliska turned the meeting back over to Chmn. Schulke~ ~Mr. Hess needed a few extra minutes to obtain soma information from his office.. F..SITE PLAN REVIEW - Italian-American Club - Fellsmem Road - 4,128 S~I. R. Clubhouse - C-512 Zoning Dtatriot Atty. Stringer explained the quasi-judicial .procedures for this headng. There were no affected parties to be sworn in. Chmn. Schulke resumed the. meeting at 8:55 pm. with the quaSi-judicial hearing. Mr. Arthur Priep, representing Bill Barensky and Mr. & Mrs. Pinder, wes sworn in: by Chron. Schulke. Mr~ Priep gave,a presentation, noted that an error was made in the parking calculations, and asked the Commission to approve nine (9) ff. wide parking spaces, add four '(4) compact spaces at seven'and one-half (7~) ft. wide, and add four (4).parallel pafldng PLANNING AND ZONING.COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 21, 1999 places, eliminating a sidewalk. He noted that this revised plan would meet the parking requirements for this site. VCh. Pliska questioned the number of parking spaces, and it was noted that the number of spaces met the Code requirements. Mr. William Baransky, Ucensed General Contractor, State of Florida, 722 Cody Ave, noted.that at the present location of this Club, the number of actual parking: spaces is twenty (20).. He noted that at the proposed location, they will have additional spaces.. Mr. Mah0ney brought up the subject of temporary curb cuts and it was noted that this, is handled, by the County. In response to a question by Mr. Thomas, it was noted thata grease trap is included.on the site plan. Chron. Schulke noted an error in calculating the number of trees for the rear ~, and that the trees should be spaced every thirty-five (35) feet. A discussion of..e berm or opaque buffer versus a fence took place. The parking space issue was discussed as was the dumpster placement. Chmn. Schulke made a suggestion on a re-calculation of the parking area ~that would allow the required number of spaces. After this suggestion was agreed upon by the applicant, staff, and Commission members, Chmn. Schulke summarized it aS ~: 1. The condition is that 9 ft. standard parking spaces will be allowed. 2. Loading and dumpster placement will be allowed behind probably 2 to 3 parking spaces, the reason being that deliveries and trash picku, p typicetly happen in non-peak hours for the parking lot. 3. It would have to be approved by P & Z and the City Engineer. 4. A revised site plan would have .to be submitted to Trecy Haas, Growth Management Director, to ensure that.it is in conformance with the intent of this approval tonight. Chmn. Schulke .called attention to directional signage upon exiting this Club,s parking=.lot, to include a dght turn only sign at the stop sign; and a one-way arrow sign across the highway. Handicap ramps were discussed and a change to the site plan will be mede. Mr. Mahoney complimented the plan to install a fixed irrigation system on this site. At this point Atty. Stringer geve information on curb cuts on a County road. He.indicated that P & Z could approve a temporary.curb cut conditional on the applicant providing a 1o PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 21, 1999 bond in an amount approved by the City Engineer, to remove it at such time that the adjoining parcel redevelops. The only other condition under the code is that they provide legal assurance that is satisfac~tory to the City: Attorney that they' will comply, which will be covenants that will be recorded. He noted that if this P & Z Commission approves this site plan, it should be with.a condition noting Atty. Stringer's procedure for handling tempora~ curb cuts, and include the bond issue. Mr.. Hess thanked the Commission members for their input into this site plan, stated ~t most issues in the staff report have already been covered, and recommended approval with the changes agreed upon eadier in this meeting. There were no opponents or proponents or interested parties present to be heard, The public information period was closed. Mr. Baransky indicated that if this site plan is. approved 'tonight, 'he. wilt ~ comply with making changes to the site plan. Chmn. Schulke closed the public hearing, at'9:38 pm. MOTION by Mather/Pliska I'll make a motion that we approve.the Italian American Club, addreSS.:on County Road 512, with the prints from Arthur Priep, P.E., !. through.5, dated 12/10/98, Italian American Club - the title of the print - with the additions and modifications by. Joe (Schulke) and the staff, you may put your additions in there - (Chmn. Schulke speaking) - At first, under the recommendations, we'd like to add recommendation or condition #1. that the staff had in their report, and I'm. §oing to modify that somewhat - the way it should read is '- The. rear landscape buffer shall.be a continuous ninety (90) percent opaque solid screen not less than five (5) feet in height to form a continuous screen, and. one (1) additional tree shall be added to the rear (it's supposed to be one tree per thirty-five (35) feet instaed of one (1) tree per 50); condition ff~ would be the site must have a minimum of twenty.eight (28) spaces as required by Code to meat a one (1) space par hundred and fifty-(150) sq. ft., and to meet this, the Planning and Zoning Commission will allow certain waiverS to the parking code, 1) being we~lt allow the applicant to use'nine (g)ft.: standard spaces, 2) we'll allow the applicant to consider putting lea~ng and:.:'dump6wr areas behind two (2) to three (3) parking spaces, the reason'being 'is that .we believe deliveries and trash pick-up typically comes in non-peak times, .and would not affect required parking when they need the parking most;. 3) these conditions above must be P & Z approval today, which we are about to do, and it must meat the approval of City Engineer, that's'nine (9) ff standard spaces, and the load '.~ti~. and dumps'mr revisions; 4)the applicant must submit a revised plan for the C~s: record to the Growth Management Director, the GroWth Management Director shall ensura the plan complies with these conditions and our intent-~ our PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 21, 1999 approval tonight; that's condition one and two, where I number those other things, they were sub-conditions of condition number 2, if you will; (Cortdition #3)and in the last conditien':l have - or no not the last.- I also.would ask that they add signs of "dght..tum Only' and a "one way" sign, that would be condition 3; and on Condition four r(4)I11 let.the attorney handle the verbiage - (Attorney Stdnger speaking)- Condition #4 would be that the Board approves the ,curb cut on to 512 as a temporary cut.in accordance with Appendix..;B, the Section 20A-3,.SA,.. condition upon posting of a performance bond in an amount approved by the.~Enginear as adequate for removal .of the curb cut when required, and the..ffling of legal document satis;&ctory to .the City Attorney, that would ensure compliance with the provisions of Appendix B. Mr. Mather accepted the above conditions as includedin his motion. Roll call: Mr. Mathis - yes Mr. Thomas - yes Mr. Mahoney(a) - yes Chmn; Schulke , :yes Mr; Mather - yes VCh. Pliske - yes Ms. Vesia - yes The vote was 7 - 0. Motion carded. MEMBERS MATTERS: Mr. Mather inquired about the status of the sidewalk on Indian River Drive. Mr. Hess responded that he heard that it should start tomorrow, or in the very. near'fUture. Mr. 'PliSka inquired about the.Status of the Skydive restaurant and the permits. Mr. Hess responded that they., received.Permits' for .rearranging tha..layout inside the..buiiding, .but they have not increased.the, intensity of the use, they are not using it as a:.fui~service restaurant, but they are serving alcohol,..but that, was permitted before. Essendally they moved the counter Iocati~ and some .seats, and it was approved by .the Bu. ilding Department. Chmn. Schulke asked that:the secretary provide the check-off list for a quasi-judicial hearing. DIRECTOR MATTERS: Mr. Hess apologized for the Italian American Club issue, and thanked the Commission members for working with staff and the:applicant for. their input on tt~ ~ of-rite project. He also noted that past member, Mr, Mac'william, urged ,,him to .give consideration to the landscaping at Discount Auto. He commented.that'.~nt replaced their hedge two (2) weeks ago, it is now a solid hedge, and"..meets Code requirements. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 21, 1999 · ~'~,QRNEY MATTERS:I Atty. Stringer noted that heis in the process of re-doing the quasi-judicial procedures to make them simpler and much more logical and in line with other practices in the country. He also thanked Mr. Mahoney for his reference to the Code about curb cuts. Mr. Mahoney commended Atty. Stringer on his comment at the Council meeting when he reminded Council that contract zoning is not a.lega!,inducement. Chmn. Schulke acljoumed the meeting at 9:48 pm. AB) 13 OI CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL OFFICERS LAST NAME--FIRST NAME--MIDI)LE NAME NAME OF BOARI~ ~ITY. OR COMMITTEE MAILING ADDRESS CITY COUNTY DATE ON WHICH VOTE OCCURRED COUNClt.. COMMISSION. AUTHORITY, OR COMMI ,TTEE ON WHICH I SERVE IS A UNIT OF: :'! COUNTY I ! OTHER LOCAL AGENCY 4AME OF POLITICAL SUBI)iVISION: MY POSITION ELECTIVE "APPOINTIVE WHO MUST FILE FORM 8B ..... 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 am presented with a voting conflict of' interest .under Section ]I2.3143, :Florida Statutes. The requirements of' this law are mandatory; ' although the use of this particular form is not required by law, y°u are encouraged to use it i:n making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive posit/on. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUG'TION$ FOR OOMPLIANOE WITH SEG'11ON 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is Prohibited from knowingly voting on a measure which inures to the specia! gain of a principal (other than a government agency) by whom he is retained. In either case, you should 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 minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from .~ing on a measure which inures to his special private gain. Each 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. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officei' or at his 'direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE'MEETING AT WHICH:'i ' VOTE wiLL BE TAKEN: t should 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. * A copy of the form should be provided immediately to the other members of the agency. * The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. i()R%I :~B IO.#6 PAGE IF YOU MAKE NOATTEMPT TO.INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: * You' should disclose orally the nature of your conflict in the measure before participating. *You should complete the form and file it within 15 days after the vote occur, s with the person responsible for recording the minO] of the.meeting, who should inc0rgorate the'fOrm in the minutes. Illl II ll i ~ DIS~LO~I~ OF ~TATE OFFICER'S INTEREST .... ' --. ',--- --~_, h~y di~lo~ that on (a) A measure came or will come before my agency which (check one) inured to my special priva[e gain; or % _~, inured, to the special gain of X ' (b) The mcuu~ ~fore my agcn~ and the nature of my inter~[ in the measure is as follows: , by whom I am retained. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), 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 $5,000. :E FORM 88. 10-86 ...... PAC~E