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HomeMy WebLinkAboutMinutes P&Z 022608I CITY OF PALM BEACH GARDENS 2 PLANNING, ZONING AND APPEALS BOARD 3 REGULAR MEETING 4 FEBRUARY 26, 2008 5 6 The February 26, 2008 Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm 7 Beach Gardens, Florida, was called to order at 6:30 p.m. in the Council Chambers of the Municipal 8 Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened by Vice Chair Douglas 9 Pennell. 10 I. CALL TO ORDER 11 12 11. PLEDGE OF ALLEGIANCE 13 14 111. ROLL CALL 15 The Public Information Coordinator called the roll. 16 Members Present: Douglas Pennell, Vice Chair 17 Randolph Hansen 18 Michael Panczak 19 Barry Present 20 Dennis Solomon 21 Jonathan Rubins 22 Joy Hecht, I st Alternate 23 Amir Kanel, 2nd Alternate 24 25 Members Absent: Craig Kunkle, Chair 26 27 Also Present: Kara Irwin, Growth Management Administrator, Staff Liaison 28 Jackie Holloman, Planner 29 Richard Marrero, Senior Planner 30 31 IV. REPORT BY KARA IRWIN. GROWTH MANAGEMENT ADMINISTRATOR 32 None. 33 34 V. APPROVAL OF MINUTES 35 None. 36 37 Vice Chair Douglas Pennell requested the Public Information Coordinator to swear in all those 38 preparing to give testimony tonight. 39 40 VI. RECOMMENDATION TO CITY COUNCIL 41 Public Hearing 42 1. PUDA - 07-09- 000010: Mirasol Walk PUD — Walgreens Drugstore with Drive - Through 43 A request by Anne Booth of Urban Design Studio, on behalf of PBC -Three LLC, for approval of 44 a site plan within the Mirasol Walk Planned Unit Development (PUD) to allow for the 45 construction of a 14,820 square -foot drugstore with drive - through lanes on an approximately 2.7- PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 1 02.26.08 I acre site. The Mirasol Walk PUD is located at the northwest corner of the Ronald Reagan 2 Turnpike and PGA Boulevard. 3 Project Manager: Richard Marrero, Senior Planner 4 • Vice Chair Douglas Pennell requested ex parse communication. Randolph Hansen replied he 5 did participate in a telephone conversation. The remaining Board members reported none. 6 • Anne Booth, Urban Design Studio, representing Mirasol Walk Walgreens Drugstore 7 described the project location, site plan, changes to the landscaping and architecture. 8 • Vice Chair Douglas Pennell requested the Municipal Information Coordinator swear in those 9 who had arrived late. 10 • Vice Chair Douglas Pennell declared the public hearing open. With no comments from the 11 public, the public hearing was closed. 12 • Board members thanked Anne Booth for her attention to the details discussed at an earlier 13 hearing. 14 • Amir Kanel inquired if there are provisions for a generator. Anne Booth replied there is a 15 provision for a generator to be brought in, but there is no provision for a generator to be built 16 in. 17 • Michael Panczak inquired about the color palette. Anne Booth stated the color is consistent 18 with Mirasol Walk PUD color palette. 19 Motion 20 Randolph Hanson made a motion to approve the recommendation to City Council of PUDA 07- 21 09- 000010: Mirasol Walk PUD — Walgreens Drugstore with Drive - Through as presented. 22 Michael Panczak seconded. The motion was approved unanimously, 7 -0. 23 24 RECOMMENDATION TO CITY COUNCIL 25 Public Hearing 26 2. PVAR - 08-01- 000005: Side Setback Variance for 317 Charroux Drive 27 A request by Mr. Robert Wunderlich for approval of a variance from the Frenchman's Reserve 28 Planned Community Development (PC) Pod-C Site Plan to allow an encroachment into the 29 three -foot side setback on Lot Nine. The Frenchman's Reserve PCD is located east of Alternate 30 Al A, approximately one mile south of Donald Ross Road. 31 Project Manager. Richard Marrero, Senior Planner 32 • Request is for residential variance to the side setback for accessory structures for 11.5 inches. 33 • Robert Wunderlich, property owner of 317 Charroux Drive, described his property and 34 showed pictures of the tiki but and the surrounding property. He stated his reason for 35 requesting the variance is that the tiki but was built on his property without his knowledge of 36 the setback and easement requirements. 37 • Vice Chair Douglas Pennell declared the public hearing open. 38 • Edward S. Hammel, Esq., Sachs & Sax, P.A., 301 Yamato Road, Boca Raton, Florida, 39 33431, stated he represents Frenchman's Reserve Master Property Association, the 40 homeowners association that governs Robert Wunderlich's property. 41 • Mr. Hammel expressed the Association's concern for granting a variance because there are 42 447 residences in the community and granting one would set a precedent on the side setback 43 requirements. 44 • Mr. Hammel pointed out that there is no special circumstance or hardship involved. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 02.26.08 I • Vice Chair Douglas Pennell declared the public hearing closed and requested any ex parte 2 communication, to which none was declared. 3 a All Board members expressed their understanding for Mr. Wunderlich's unfortunate 4 situation. 5 Motion 6 Barry Present made a motion for denial of PVAR- 08-01- 000045: Side Setback Variance for 317 7 Charroux Drive. Jonathan Rubins seconded. Vote for denial, 6-1, with Dennis Solomon 8 dissenting. 9 10 PUSUC WORKSHOP 11 3. SPLA-08-01 -0000 10: Steeplechase Research & Office Center 12 A request by Dodi Glas of Gentile Hollow O'Mahoney & Associates, agent for the applicant, for 13 a major site plan amendment to the Steeplechase Planned Unit Development (PUD) to allow the 14 construction of a three -story 51,303- square -foot office building. The subject site is located at the 15 northeast corner of Steeplechase Drive and Beeline Highway and is approximately 3.71 acres. 16 Project Manager. Richard Marrero, Senior Planner 17 Amir Kanel recused himself from this issue because he is a resident of the Steeplechase 18 community. 19 • Dodi Glas, Gentile, Holloway, O'Mahoney & Associates, Inc., representing the petitioner, 20 described the location and history of the property. She cited a meeting held with the 21 community in September (2007) at which time key issues from residents were noted and that 22 Steeplechase intended to build a manned guard house at the entrance. Dodi Glas clarified the 23 project is still in the review stages. She described concerns including security, traffic, 24 landscape buffers, green building certification, LEER certification and architecture. 25 • The waiver being requested is to allow for the elimination of 19 parking spaces based on the 26 size and the space of the atrium. 27 • Noe Guerra, NXG Architecture, described the architecture and LEED elements. Twenty -four 28 hour security will be provided. 29 • Vice Chair Douglas Pennell declared the public hearing open. 30 • William Tracy, 5028 Misty Mom Road, Palm Beach Gardens, stated his objection to the 31 project is the size of the building and he believes the application is inconsistent with the PUD 32 and staff's explanation of commercial neighborhood zoning. 33 • Arlene. B. Englander, 5710 High Flyer Road, Palm Beach Gardens, stated residents were 34 unaware the developer made significant changes to the building since the last meeting. The 35 developer has not provided the neighborhood with the requested materials. They were 36 obtained through a Public Records Request. 37 • Paul Pouhos, 5701 Whirlaway Road, Palm Beach Gardens, expressed his concern about 38 traffic at the Steeplechase Drive exit. 39 • Maurice Hakim, 5776 Lady Luck Road, Palm Beach Gardens, discussed traffic and safety 40 issues near the planned Steeplechase manned guard house and its location near, what would 41 become, a major ingress/egress site for the new project. 42 • Charles Zacharias, 8764 Steeplechase Drive, Palm Beach Gardens, discussed traffic and 43 safety issues; location of air conditioning equipment and location of trash bins. 44 • Patti Leonard, 5168 Misty Morn Road, Palm Beach Gardens, stated her objections to a 45 commercial development within a residential PUD, safety, traffic, parking and non- 46 compliance with code. Ms. Leonard mentioned sending an e-mail earlier in the day. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 02.26.08 i • Marc Abrams, 8667 Steeplechase Drive, Palm Beach Gardens, stated his concerns about 2 traffic safety because of problems with stacking. 3 • Joseph Kuharcik, 5693 High Flyer Road S, Palm Beach Gardens, stated his concerns for 4 traffic and parking issues. 5 • Robert Gordon, 8091 Native Dancer Road E, Palm Beach Gardens, stated his concerns for 6 traffic, safety issues and zoning non- compliance. 7 • Renee Gordon, 8091 Native Dancer Road E, Palm Beach Gardens, stated her concern for 8 traffic issues due to the railroad tracks, stacking of train cars, as well as the additional traffic 9 generated by the new building. She also cited non - compliance with zoning issues. 10 • Steve Mathison, Attorney for Steeplechase Property Owners Association, 5606 PGA 11 Boulevard, Palm Beach Gardens, stated the serious and active concerns of the residents of 12 Steeplechase are very clear. Mr. Mathison stated he has met with the developer and the 13 developer's consultants and very serious concerns exist including: height of building, size of 14 building, traffic, safety, buffering, lighting as it affects abutting property, landscaping, 15 drainage and security. He will continue to work with the developer and the developer's 16 representatives in a positive fashion, but he will continue to protect the rights of the 17 Steeplechase residents. 18 • Raj Shah, 5216 Misty Mom Road, Palm Beach Gardens, stated his concerns that the 19 backyard of his house directly abuts the proposed building. 20 • Ed Spenser, 8533 Native Dancer Road N, Palm Beach Gardens, expressed his concern about 21 traffic issues. 22 • Dr. Robert Greer, 8030 Steeplechase Drive, Palm Beach Gardens, stated he is a local 23 physician with an office located at US Highway One and Park and as a single practitioner he 24 fills up 25 parking spaces at one time routinely for a 3,000 - square foot building. Dr. Greer 25 stated the parking plan for the proposed project is totally inadequate. He also expressed his 26 concern that the plans call for the building in the Northeast corner of the property and Dr. 27 Greer believes it to be the Southeast comer of the property. Dr. Greer also stated that traffic 28 and U -turns will be hazard. 29 • Paul Marro, Steeplechase Board of Directors, 5569 Sea Biscuit Road, Palm Beach Gardens, 30 stated his concerns 31 • Vice Chair Douglas Pennell declared the public hearing closed. 32 o Vice Chair Douglas Pennell re- opened the public hearing for the following speaker. 33 • David Moore, 7807 Steeplechase Drive, Palm Beach Gardens, stated he appreciated the 34 beauty of the architecture of the building, but it was a monstrosity of a building that does not 35 belong in a neighborhood. It is out of character with the community and will serve a much 36 larger region than the 324 people in the immediate area Ingress and egress to the area are 37 issues as is the inadequate parking. 38 • Vice Chair Douglas Pennell requested the Municipal Information Coordinator swear in those 39 who had not previously been sworn. 40 • Gus Oenbrink, 5484 Sea Biscuit Road, Palm Beach Gardens, expressed his concern 41 regarding the traffic issues. 42 • Vice Chair Douglas Pennell declared the public hearing closed and brought the issue back to 43 the Board for discussion. 44 • Discussion ensued regarding the review materials for the workshop. 45 • Randolph Hansen inquired about the current zoning of the commercial neighborhood. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 02-26-08 i • Growth Management Administrator Kara Irwin replied code provides for the building height 2 of the lesser of two stories or 36 feet. 3 • Staff is still reviewing the project. It has not been to a Development Review Committee 4 (DRC) meeting yet. The public workshop is being done early to get public comment early in 5 the process. If the project comes in as a PUD the straight zoning would still prevail and a 6 waiver must be requested. 7 • Barry Present asked who the developer is. Noe X. Guerra, 4573 West Tradewinds Drive, 8 Lauderdale- By-the -Sea, represents Sinergo Investment Corporation, of Florence, Italy. 9 • Growth Management Administrator Kara Irwin stated the public workshop was mainly for 10 the public and the submitted material is still in review. Douglas Pennell stated he appreciated 11 the public workshop concept, but the Board does not even have the material the residents 12 have. Kara Irwin stated she will ensure the Board receives all material available for any 13 future public workshops. 14 • Dodi Glas stated she wished to clarify the record on two points: 1) when they met with 15 residents the plans were basically the same as they are now and 2) she never heard any 16 comment such as "shoving it down their throats." 17 • Dodi Glas then asked for the traffic consultant to be heard. Douglas Pennell asked that the 18 traffic consultant be heard at a future meeting. 19 • Douglas Pennell declared a 7- minute recess. 20 21 RECOMMENDATION TO CITY COUNCIL 22 Public Hearing 23 4. PPUD -07-06 - 000015: Riverside Self- Storage Rezoning to Planned Unit 24 A request by Mr. Terry Lessard of Brewer Architecture, on behalf of Riverside Storage, LLC, for 25 rezoning from Light Industrial (M -1 A) to a Planned Unit Development (PUD) Overlay with 26 underlying M -IA zoning district, a major conditional use, and a site plan approval to allow the 27 development of a four - story, 77,660 - square -foot self storage building to be known as the 28 "Riverside Self Storage." The approximately one -acre parcel of land is located at 10300 29 Riverside Drive, approximately one - quarter mile south of the intersection of Riverside Drive and 30 Burns Road. 31 Project Manager. Richard Marrero, Senior Plamner 32 • Terry Lessard, Brewer Architecture, stated that at 6:20 p.m. today he was advised that the 33 stall report recommending approval of the lot size waiver changed to a recommendation of 34 denial. His presentation is now inaccurate. However, he does wish to proceed. 35 • Terry Lessard described the property location, size, zoning, structure and architecture. He 36 described the lot size waiver that was requested, but staff now recommends denial. He asked 37 to be heard on this issue after staff presents their recommendations and proceeded with his 38 presentation. 39 • Jackie Holloman, Planner, apologized to the applicant for the change in position on the 40 waiver for the lot size requirement, but stated that staff does have the right to make 41 suggestions and recommendations throughout the review process. 42 • Jackie Holloman read the petition into the public record and described the project. 43 • Planning, Zoning and Appeals Board public workshop of November 13, 2007 advised the 44 following: 45 - Project seemed too large for the neighborhood, although the architecture was well done 46 and it was similar to other approvals. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 02-26-08 I - Four stories could be tiered or set back. 2 • Residents expressed concern for building size, visibility from residential properties, out of 3 character with existing structures, noise, light pollution and possible crime increase that it 4 would affect the safety of area children. 5 • Staff's recommendation for denial of the petition is based on the following: 6 - Failed to use more desirable architectural techniques, such as tiering, that would lessen 7 the visual impact on western properties. 8 - Failed to increase the front building setback to provide sufficient screening and buffering. 9 • Terry Lessard expressed is objection to receiving the new standards during the meeting. 10 • Vice Chair Douglas Pennell suggested Mr. Lessard consider a continuance until the next 11 meeting. The decision was made to continue with the public hearing. 12 • Vice Chair Douglas Pennell declared the public hearing open. 13 • Donald Bal, 3783 Dogwood Avenue, Palm Beach Gardens, stated his objection to the self 14 storage project because of inexperienced, nonprofessional truck drivers with three schools in 15 the area. 16 • Samantha Raymond, 3902 Daphne Avenue, Palm Beach Gardens, sees the Thies building to 17 her left and now will see the self storage building to her right. She expressed her concern 18 over losing her neighborhood. 19 • Noel Steever, 3761 Dogwood Avenue, Palm Beach Gardens, will lose the beautiful view 20 from her lanai (roofed patio). 21 • Mark Griffin, 3762 Dogwood Avenue, Palm Beach Gardens, listed four nearby schools and 22 the affect on the neighborhood. 23 • Jennifer Griffin, 3762 Dogwood Avenue, Palm Beach Gardens, expressed her concern for 24 neighborhood children. 25 • Mack Foster, 3807 Dogwood Avenue, Palm Beach Gardens, stated his concern for strangers 26 coming into the neighborhood 27 o Kenneth Hanna, 3814 Daphne Avenue, Palm Beach Gardens, has lived in his home for over 28 19 years, does not want to see community ruined and agrees with other speakers. 29 • Seem Hardy, 3826 Daphne Avenue, Palm Beach Gardens, has lived in her home for 29 30 years, expressed her concerned that Riverside Drive is a two -lane road and it will impact the 31 neighborhood and the children. 32 • Brian Johnson, 3790 Dogwood Avenue, Palm Beach Gardens, cited the Thies building and 33 its impact on the community. Expressed his concern for the impact the self storage building 34 will have because of its size and height. 35 • Patti Ernst, 10260 Dogwood Avenue, Palm Beach Gardens, stated she is 204 feet from the 36 proposed new building and does not want to see the residential community ruined. 37 • Richard Whiting, 3800 Daphne Avenue, Palm Beach Gardens, admires the job the City has 38 done with its beautification program for the area. Noted the proposed building should be on a 39 5 -acre lot, not a I -acre lot. He voiced his concerns about residential property values. 40 • Martin Schwalberg, 10237 Dogwood Avenue, Palm Beach Garden, 29 -year resident in the 41 same home. Stated his objections to the proposed storage building. 42 • Norman Hopkins, 10238 Dogwood Avenue, stated he and his wife are 31 -year residents in 43 their home. Admired the architecture of the proposed building, but feels it is in the wrong 44 place and believes it will hurt the property values. 45 • Vice Chair Douglas Pennell declared the public hearing closed. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 6 02.26.08 1 • Vice Chair Douglas Pennell requested ex parte communications from Board members. Barry 2 Present, Douglas Pennell, Dennis Solomon, Randolph Hansen, and Michael Panczak replied 3 affirmatively, that they did have contact with the petitioner's representative. 4 • Board members discussed the project further. 5 Motion 6 Dennis Solomon made a motion for recommendation of approval to City Council of PPUD -07- 7 06- 000015: Riverside Self Storage with two waivers. Randolph Hansen seconded. Approval was 8 denied 4-3, with Barry Present, Michael Panczak, Jonathan Rubins, and Joy Hecht dissenting. 10 RECOMMENDATION TO CITY COUNCIL 11 Public Hearing 12 5. PPUD -07 -02 -000013: Klock Office Building Planned Unit Development 13 A request by Cotleur & Hearing, on behalf of Comac Burns Road, LLC, for rezoning from 14 Research and Light Industrial Park (1\4-1) to a Planned Unit Development (PUD) Overlay with 15 underlying Research and Light Industrial Park (M -1) zoning district and a site plan approval to 16 allow the development of a three -story, 48,000 - square -foot professional office building to be 17 known as the "Klock Office Building." The 3.01 -acre site is located on the north side of Burns 18 Road approximately 1,340 feet east of Military Trail. 19 Project Manager: Jackie Holloman, Planner 20 • Brian Cheguis, Cotleur & Hearing, presented the location, property history, site plan, 21 landscape planning, tree preservation, architectural style, and proposed signage. Waivers 22 requested include: 1) spacing of trees, 2) foundation landscaping, 23 3) monument sign, and 4) minimum area required within M1 zoning. 24 • Jackie Holloman, Planner, stated W. Cheguis was informed of the required waiver because 25 the project is within the Ml zoning district. 26 • Vice Chair Douglas Pennell declared the public hearing open. With no one wishing to speak, 27 Vice Chair Pennell declared the public hearing closed. 28 • Vice Chair Douglas Pennell requested ex parte communication. Randolph Hansen declared e- 29 mail communication from the applicant. 30 • Board members discussed the project. 31 Mai' nn 32 Jonathan Rubins made a motion for approval of the recommendation to City Council of PUDA- 33 07-02- 00(1013: Klock Office Building Planned Unit Development. Barry Present seconded. The 34 motion was approved unanimously, 7 -0. 35 36 RECOMMENDATION TO CITY COUNCIL 37 Public Hearing 38 6. MISC- 07 -12- 000038: Prosperity Centre Planned Unit Development UD) Signag_e 39 Amendment 40 A request by Larry Presley, of Bell Sign, on behalf of Equity One (Florida Portfolio 2000), Inc., 41 to allow for modifications to the signage criteria and revisions to the monument signs for the 42 PUD. The Prosperity Centre PUD is approximately 10.79 acres and is located along the south 43 side of PGA Boulevard between Prosperity Farms Road and Kidd Lane. 44 Project Manager. MchardMarrero, Senior Plar wr PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 7 02.26.08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 • Alfred Malefatto, Esq., Greenberg Traurig Law Firm, representing Equity One and CVS Pharmacy including Minute Clinic (subtenant) explained the request for new signage including: color modification, replacement of PUD monument signs, and painting of fascia. • Douglas Pennell, Vice Chair, declared the public hearing open. With no one wishing to speak, Douglas Pennell declared the public hearing closed. • Douglas Pennell, Vice Chair, requested ex parte communication to which none was declared. • Board members discussed the proposed amendment with specific attention that the background color behind the CVS sign not be painted a contrasting color. • Richard Mannero, Planner, explained window signs are not being permitted in this process. Only tenant signage approval is being sought. Motion Randolph Hansen made a motion for approval of the recommendation to City Council of PUDA- 07-12- 000038: Prosperity Centre Planned Unit Development (PUD) Signage Amendment including the comments from staff and that the terracotta color background behind the CVS sign not be painted a contrasting color. Michael Panczak seconded. The motion was approved unanimously, 7 -0. Vlll. OLD BUSINESS None. IX. NEW BUSINESS None. (The remainder of this page intentionally left blank.) PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 02.26.08 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 X. ADJOURNMENT There being no further business to come meeting at 10:21 p.m. The next regular m APPROVED Douglas Board, Vice Chair Douglas Pennell adjourned the be held March 25, 2008. J s 'uVill/ i 7v il "k( Joy H t, l st Alternate Amir Kanel, 2nd Alternate ATTEST Debbie Andrea Public Information Coordinator Note: These action minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk All referenced attachments are on file in the City Clerk's office. Note: The Public Information Coordinator swore in those preparing to give testimony. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 02.26.08 Page 9 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LA §T NAME —FIRST NAME — R 1q L L A MIDDLE NAME I)A 11'Z NAME OF BOARD OUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE >2 /4J MA NG ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ,7 5`_') i c^ CITY C3 COUNTY ❑ OTHER LOCAL AGENCY CITY` '� COUNTY NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: ❑ ELECTIVE �f APPOINTIVE 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 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. + The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: + You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. / DISCLOSURE OF LOCAL OFFICER'S INTEREST I, hereby disclose that on 20 C' (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, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which 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: a� %tP 2G Date Filed Signat6re 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 813 - EFF. 1/2000 PAGE 2