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08-11-1988 J ~ u LAND CITY OF EDGEWATER DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING THURSDAY, AUGUST 11, 1988 7:00 P.M. COMMUNITY CENTER CALL TO ORDER: Chairman Nancy Blazi called to order a regular meeting of the Land Development and Regulatory Agency, at 7:00 p.m., Thursday, August 11, 1988, in the Community Center. ROLL CALL: Members present were Mr. Bennington, Mrs. Blazi, Mr. Garthwaite, Mrs. Glover, Mr. Hardester, Mr. Klein and Mrs. Martin. Also present were Lynne Plaskett, Planning Assistant/Grant Administrator and Beverly Kinney, Secretary. The Board discussed the department head comments coming to the Board. Mr. Hardester moved to have Mrs. Blazi contact Mr. Kelly, Interim City Manager, regarding department head comments, the possible attendance of department heads at meetings, and assistance in the Planning Department. Mrs. Glover seconded the motion. Motion Carried 7-0. ANNEXATION/REZONING: Carol Ann Drive 10.42 acres Lots 12 & 13 Luis Geil: Mr. Bennington moved to table information regarding the various impacts Department heads. Mrs. Martin seconded. County MH-4 to City R-4 this request for more to the City from the Motion Carried 7-0. U.S.l Between Joseph Street and Thomas Street 2.43 acres County B-4/ R-3 to Gity B-3 Luis Geil: Mrs. Martin moved to recommend annexation to the City Council. Mrs. Glover seconded. Motion Carried 6-1, with Mr. Klein voting no. Mr. Bennington moved to recommend B-3 zoning for the entire lot to City Council, pending O.K. from appropriate agencies. Mr. Garthwaite seconded. Motion Carried 6-1. Mr. Klein voted no. REZONING: Lot 7 U.S. 1 & Roberts Road County B-4/R-3 to City B-3 Luis Geil: Mr. Bennington moved to recommend approval to City Council, but that the City would bear not cost into bringing the lot into compliance, and such costs would be borne by the owner. Mr. Bennington stated the sketch plan presented to the Board was not being considered in his motion. Mrs. Martin seconded. Motion Carried 6-1. Mr. Klein voted no. Mr. Hardester filed a conflict of interest form. Lots 3, 4, 5, & 6 U.S. 1 & Roberts Road County B-4/R-3 to City B-5 Mary Hanson: Mr. Gartwaite moved to recommend approval to the City Council, but stated the improvements would be borne by the owner. Mrs. Glover seconded. Motion Carried 7-0. VARIANCE: David Dates 1002 Beulah Drive Variance for existing easement: The Board discussed this should be considered as a request to vacate. recommend that Council vacate the easement. Motion Carried 7-0. existing building over issue, and decided it Mrs. Glover moved to Mr. Garthwaite seconded. Michael McMahan Burger King 1710 S. Ridgewood Avenue Variance from sign ordinance: Mr. Gartwaite moved to deny the request as it did not meet A, B, D, & E of the criteria. Mr. Bennington seconded. Motion Carried 4-3. Mrs. Blazi, Mrs. Glover and Mrs. Martin voted no. ~ t Q o REQUEST TO VACATE ALLEY & RIGHT-OF-WAY: Luis Geil Request Vacation Of Part Of 15' Alley Along West P/L Of Lots 437 & 438, Block 16, Florida Shores, & Right-Of-Way Of Guava Drive, North Of Indian River Boulevard: Mr. Klein moved to deny the request. Mr. Hardester seconded. Motion Failed~6-1. Mr. Klein voted yes. Mr. Garthwaite moved to "grant the request as outlined by the Board, to come around between the lots 438 & 439 into the right-of-way of Guava Drive for 20 feet, from there over to Indian River Boulevard, that this property be vacated. The property on the North side (40' x 116.65') to be turned over to the City, and that there be a 30 foot alleyway coming through that piece of property across the West end to Indian River Boulevard. There is also an 80 foot portion that needs to be vacated on the alleyway." Mrs. Glover seconded the motion. Mr. Gartwaite amended his motion to add "the owner of the property is to bear the expenses and to provide the shell. The City can do the labor at the owners expense), an agreement in writing must be drawn up, and a new drawing to reflect the changes by motion granting this request prior to the recommendation going to the City Council. Mrs. Glover agreed to the amendment. Motion Carried 6-1. Mr. Klein voted no. SITE PLANS: SP-8805 28th Street & Hibiscus Drive Bill Rossiter/Shields Proposed Day Care Center B-2 (tabled 7-14-88): Mr. Bennington moved to take this off the table, seconded by Mrs. Martin. Motion Carried 7-0. Mr. Bennington moved to approve the site plan provided an architectural sealed set of plans is submitted to the Planning Department prior to the issuance of a building permit. Mr. Klein seconded the motion. Motion Carried 7-0. SP-8807 1710 S. Ridgewood Avenue Michael McMahan Proposed Burger King B-3: Mr. Klein moved to recommend Council require an 8 foot fence for this site for the residents abutting the project in order to reduce noise and light. Mr. Hardester seconded. Motion Carried 7-0. Mr. Klein moved to approve the site plan for Burger King (phase I). Mr. Gartwaite seconded. Motion Carried 7-0. Mr. Garthwaite moved to serid a letter to the Departmefit-6f~Transportation requesting acceleration and deceleration lanes for Burger King and the convenience store, and to request a reduction in the speed limit. Mr. Hardester seconded the motion. Motion Carried 7-0. The Board took a break at 9:45 p.m. The meeting resumed at 9:50 p.m. SP-8809 U.S. 1 & Falcon Avenue Belmont Plaza Luis Gei1 B-5 (tabled 7-19-88) :' Mr. Klein moved to take this off the table. Mrs. Martin seconded. The motion Carried 7-0. Mr. Bennington moved to grant preliminary approval, but the site plan must be brought back to the Board showing a sidewalk from U.S.1 that will tie into the existing sidewalk in the subdivision, eleven (11) parking stalls are to be removed and replaced with planters, a set of architectural sealed plans are to be presented, a block fence is to be provided along with a sodded swale and ten (10) feet of ligustrum is to be planted. Mrs. Martin seconded the motion. Motion Carried 7-0. Mr. Hardester filed a conflict of interest form. SP-8813 U.S. 1 (North 200 feet of Lot 6) Proposed American Pioneer Bank James Connors County B-4: Mrs. Martin moved to grant final approval. Mrs. Glover seconded. Motion Carried 7-0. Land Development and Regulatory Agency Regular Meeting Thursday, August 11, 1988 -2- o o COMMUNICATIONS: Mr. Kelly was to speak to the Board regarding code enforcement violations, but was not able to attend the meeting. The Board decided to hold a special meeting to hear proposals by several firms regarding elements of the comprehensive plan on Thursday, August 18, 1988, at 10:00 a.m. The Board discussed the upcoming presentation by the County regarding a proposed borrow pit at Mango Tree Drive and 12th Street, scheduled for Wednesday, August 17, 1988, at 6:30 p.m. Mr. Bennington moved to request a traffic light at Roberts Road from the Department of Transportation, because of all the development planned for the area. Mr. Gartwaite seconded the motion. Motion Carried 7-0. The Board decided to hold a second meeting each month, starting Thursday, August 25, 1988, at 10:00 a.m. Each month the meeting would alternate between a 10:00 a.m. and a 7:00 p.m. meeting. All Board members who work during meeting hours will be excused. There being no further business to come before the Board, Mr. Garth- waite moved to adjourn, seconded by Mr. Hardester. The meeting adjourned at approximately 11:00 p.m. Minutes respectfully submitted by: Beverly Kinney Land Development and Regulatory Agency Regular Meeting Thursday, August 11, 1988 -3- -:-: fly .-k/-rvwUvlb J,j - r0.:I '1, . :;-~FORM 88 MEM~RANDUM OF VOTINt.JCONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS L4ST NAME-FIRST NAME-MIDDLl:: NAME NAME OF 804RD. COUNCIL. COMMISSION. AUTHORITY. OR COMMllTEE ;:-/?2~ L - .#, /,L. THE BOARD. COUNCil. COMMISSION. AUTHORITY. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: : ! ('OUNTY I ~ OTHER IDeAL AGENCY ('OUNTY NAME OF POLITICAL SUBDIVISION: v~ ~ N WHICH von, O<1:URRED F' ~ d'?> MY POSITION IS: i:l ELECTIVE APPOINTIVE WHO MUST. FlU FORM I. This form is for use by any person serving at the county, diy, 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 conflicl of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in 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 greaily 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 ELECTED OFFICERS: / ,/ A person holding elective county, municipal, or other local public office MUST ABSTAIN frolTl 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 special gain of a principal (other than a government agency) by whom he i~. 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 AFfER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorpo~te the form in the minutes, APPOINTED OFFICERS: , A person holding appointive 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 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 : I disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFWENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . · You 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 al the meeting prior to consideration of the matter in which you have a conflict of interest. . \........ .: j o (.) I ..J.. __.... ~ . IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You should disclose orally the nature of your conflict in the measure before panicipating. . You should complete the form and file it within IS days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes, DISCLOSURE OF LOCAL OFFICER'SINtlREIT I~~LP,X/ ~A'~ 'Y7 r:'~ ,hereby disclose that on ~ // ,19%r: (a) A measure came or will come before my agency which (check one) _ inured to my special private gain; or _ inured to the special gain. of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: .J;t/e ~. L / '77 647/a# :-;l3eL/1/aA/T ~/Y~'>;./~( .L oT# 7 ('I:bEe:LTS Rd~p# /) 6:-// -vr- Date Filed X/~.4.~~ ISignature 'I . --- NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES fi1l2.317 (1985), A FAIWRE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y 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 S5.000. [, Da.r:C ., r-~ I.^ '\. -i 'j:> .1 (1.+ (1___ _ ~~:'FQRM 8B MEM~RANDUM-OF VOTIN~CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDl>U: NAME NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY. OR COMMITTEE .R j/p.z COUNTY . ~ COUNTY , j arHEK LOCAL AGENCY 3y~ sY NAME OF POLITICAL SUBl>IVISION: MY POSITION IS: i.: 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 are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in 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 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 ELECTED OFFICERS: A person holding elective county, munidpal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special privale 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. 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 complcling and filing lhis 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 COUnly, 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 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 officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You 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 10 the olher 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. (1'1 Oil\! ~Il III-~t. PAGE I .I '. '\.. - .. .. o Q -.J. ~. ~ IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION 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 IS days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I#6LP,~J6WR'~<7rLI'f", hereby disclose that on g-// ,19~: (a) A measure came or will come before my agency which (check one) _ inured to my special private gain; or _ inured to the special gain, of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: L/ /~6~7/dA/ d/177/ B<!!-L#OdT~e;;-~r~. y,-//-((r Date Filed ~~~~ Signature . NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1I2.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAYBE 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. CE FORM 88. 10.86 PAGE 2