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03-17-87 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA March 17, 1987 CITY HALL Present : W. Gregg McCaulie, Chairman L. B. MacDonell, Vice Chairman Samuel T. Howie Ruth Gregg Frank Delaney Donald Tappin John Bass And: Richard C. Fellows, City Manager Claude L. Mullis, City Attorney Rene' Angers, Recording Secretary And: John Merritt Lawrence R. Bowers William M. Pennell Peter Johnson and Hugh Carrithers Robert E. Killey The meeting was called to order at 7:00 p. m. Chairman McCaulie asked for a motion on the amended minutes of the meeting of February 17, 1987. Mr. Howie motioned to approve the amended minutes as presented. Mr. Bass seconded the motion, which carried unanimously. MISCELLANEOUS BUSINESS A. Presentation by Gee & Jensen - Comprehensive Plan Melody Linger and Janice Fleet, representatives from Gee & Jensen, gave the board a brief presentation concerning the role of the Community Development Board in the updating of the Comprehensive Plan. They stated that they would be present at each meeting of the Community Development Board to update the members on their progress and to answer questions. B. Amending PUD Ordinance - Item was withdrawn from agenda NEW BUSINESS A. Planned Unit Development - Selva Linkside W. Gregg McCaulie and Louis B. MacDonell declared conflicts of interest and abstained from voting. John A. Merritt, 632 Magnolia Street, Neptune Beach, presented the amended layout of the proposed Selva Linkside development. Ruth Gregg asked if the new plan provided sidewalks. Mr. Merritt replied that there would be one side walk on Eleventh Street Henry Gartland, 1140 Seminole Road asked if the area along the lagoon was no longer included in the development and whether the developers were still negotiating for city owned land. Mr. Merritt replied that the area along the lagoon was no longer included in the plan and that they were no longer asking to swap land with the city. Ralph Kingsley, 1445 Seminole Road, did not think the development would be detrimental to the area and was in favor of the project. Other points discussed included; retaining ponds encroaching the Selva Marina Golf Course, the right of ways across city owned property, the impact of additional traffic to the area, the size of recreation area provided in relation to density, the need for additional buffering adjacent to the wastewater treatment plant and the public works yard. After discussion, Mr. Howie motioned to recommend approval of the Planned Unit Development. Mr. Bass seconded the motion, which carried three to two. Bass, Howie and Gregg voted yes; Delaney and Tappin voted no; MacDonell and McCaulie abstained. B. Planned Unit Development - Seminole Shores South Item had been withdrawn from the agenda prior to the meeting. * C. Variance of Rear Yard Requirements on a Pie-shaped Lot - Lawrence R. Bowers; Lot 37, Oceanwalk Unit IV Lawrence Bowers, 1133 Hamlet Court, Neptune Beach, and Bill Ebert, architectural advisor for Oceanwalk, presented the plans to the board. The rear yards ranged from 15' and 16' at the closest points to approximately 45' at the farthest point. They stated that the plan had been designed according to City of Jacksonville zoning regulations which states pie-shaped and corner lots have no rear yard, only side yards. They stated that Jacksonville had issued permits in Oceanwalk, prior to Jan. 1, 1987, with similar setbacks on pie-shaped lots and that there were approximately two other lots that may have the same problem. They added that they had spent considerable time and money designing the house and felt the house could not be re-arranged on the lot to meet the requirements and retain architectural integrity. There being no discussion from the audience, Mr. MacDonell motioned to approve the variance as requested, due to the considerable amount of time and money that had been spent designing the house to Jacksonville regulations. Mr. Howie seconded the motion. A point of order came from Mr. Delaney in that he felt the shape of the lot caused a hardship to the applicants. After discussion, Chairman McCaulie read aloud the Findings of Fact. Each item was answered favorably by the board members. The vote was called. The motion to approve the variance carried unanimously. * D. Variance of Side Yard Requirements in a Commercial General District - William M. Pennell; Lot 6, Block 38, Section H Mr. Pennell, 1309 Neptune Grove, Neptune Beach, stated that he had demolished a derelict structure that existed on the lot when he purchased it, leaving a concrete slab 14. 4' from the east side property line and 7. 3' from the west side property line. He stated that he had assumed the zoning provided for 7. 5' side yards and he did not become aware of the 10' requirement until he applied for a building permit. He added that a similar variance has been granted to the property directly behind this lot. He asked for permission to construct his new building on the existing slab. There being no one else to speak on the application, Mr. Tappin motioned to approve the request for variance. Mr. Howie seconded the motion. Chairman McCaulie read aloud the Findings of Fact. Each item was answered favorably by the board members. The vote was called. The motion to approve the variance carried unanimously. * E. Variance of Side Yard Requirements for a Detached Structure - L. Peter Johnson; Part of Lot 5, Block 16, Daniel & Hackett Replat, 659 Ocean Boulevard Mr. Johnson, 1747 Seminole Road, stated that he has a sales contract contingent upon being able to construct the carport as indicated. The carport would be detached, 1 '8" from the side property line, and would be open underneath. Ruth Gregg asked why they couldn't construct the carport closer to the house and provide the necessary 5' side yard. Mr. Johnson replied that moving the structure closer to the house would cut off the light supply from the side windows. Mr. Ronald Brugh, 645 Ocean Boulevard, stated that at one time there was a garage for the house but that it had been converted into living area. He stated that he was very much opposed to the variance. There being no further discussion, Mr. Howie motioned to approve the variance. Chairman McCaulie seconded the motion and read aloud the Findings of Fact. There was no agreement by the board members on items no. 3 and no. 10. The vote was called. The motion failed, five to two. Members Howie and McCaulie voted yes. Members Gregg, MacDonell, Delaney, Tappin and Bass voted no. F. Variance of Side Yard Requirements in RS-2 Zoning District - Robert E. Killey; Lot 26, & E. 15' of Lot 28, Block 8, Subdivision "A", 361 Sixth Street Mr. Killey stated that he has plans to add a new dining room and to enlarge the kitchen of his existing house. He stated that they would like to continue the existing wall on the east side of the house but that it is presently 6. 0' from the side property line, leaving only 13. 4 ' total side yards rather than the required 15. 0' . He added that the addition could be jogged-in to meet the 15. 0' requirement, but that it would not be as aesthetically pleasing and it would cost an additional two thousand dollars. After a brief discussion, Mr. MacDonell motioned to approve the request. Mr. Howie seconded the motion. Chairman McCaulie read aloud the Findings of Fact. There was no agreement by the board members on items no. 1 and no. 4. The vote was called. The motion to approve the variance carried six to one, Chairman McCaulie voted no. FURTHER MISCELLANEOUS BUSINESS A. Variance from the Septic Tank Moratorium - Beaches Memorial Gardens The board was in receipt of written request for relief from the septic tank moritorium from Chester Adams, manager of Beaches Memorial Gardens, located on Main Street in Section H. The letter indicated that they plan to construct an office on their approximate 30 acres within the next thirty days. The closest public sewer is located approximately 1, 200 feet away. Mr. MacDonell motioned to recommend approval of the request. Mrs. Gregg seconded the motion which carried unanimously. Mr. Bass abstained due to a conflict of interest. There being no further business before the board, Mr. Howie motioned to adjourn. Ruth Gregg seconded the motion which carried unanimously. The meeting Was adjourned at 9:24 p. m. W M ie, Chairman • FORM 8B MEMORANDUM OF VOTING CONFLICT FOF COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME 01 BOARD, COUNCIL,COMMISSION, AUTHORITY,OR COMMITTEE COMMUNITY DEVELOPMENT BOARD ? tin �Y M ; ADDRESS THE THE BOARD,COUNCIL,COMMISSION, AUTHORITY,OR COMMITTEE ON 7/ 5 / J a C� lW'HICH I SERVE IS A UNIT OF: '� Dr- J( CIIY 1 . COUNTY . ' OTHER LOCAL AGENCY CITY COUNTY ///��` NAME OF POLITICAL SUBDIVISION: f/am/1 L Le ,e 0 r 14 � � CITY OF ATLANTIC BEACH DA E ON WHICH VOTE OCCURRED MY POSITION IS: / 7 - J ELECTIVE X. 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, 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. 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 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: u 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. DACG I • 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 15 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, i h ` 1 h ny B O S S _ , hereby disclose that on 3 - / 7 _ , 19 g 7 (a) A measure came or will come before my agency which (check one) inured to my special private gain; or / J /inured to the special gain of 8-e a G/(e S MC 1 or c,a r o'/ e/l S , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: S ewe( A ao k q -) 3/2 v/ S 7 _ N ff�.ivi Dat Filed ,'nature 1111111111111 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. FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME-FIRST NAME-MIDDLE NAME VI9C DCA/ELL LOUIS /3Ayi THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: AILING ADDRESS 535 Sc'L✓R/lJrMiNy �2icl� (]'CITY 0 COUNTY 0 OTHER LOCAL AGENCY 0 STATE CITY COUNTY 4' NT7L C/'p_ L" � Al NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED 4/.t2c,i / 7 / y b� (1/7y o7C-.9 rc4A1Tic D ?9cti NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE eiP// i4J//ryDc .2- 9 i27L-4 T,tic 2 WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local,and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided into two parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting;and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE:Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. 1, the undersigned local public officer, hereby disclose that on /1/42Ci" / 719 (a) I abstained from voting on a matter which(check one): inured to my special private gain; or inured to the special gain of , by whom I am retained. • (b) The measure on which I abstained and the nature of my interest in the measure is as follows: APPLJc, 7/CXf /9/L P. v:22 ze,-.A.e"v6' O.tf L,9,vj2 ' i<,-'0 j, A s -57el 1//4 L,AvidsiI .I f,//l .9 31.5% PfRTNe- , 1A1 771E PFJR3-"e7-„SN,p j<J4406 Zc( .9 5 i'SEL i,/r4 L/AIi<.S'/L 23 /e7 ,6 ' Date Filed Signature Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes(Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However,any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on_ , 19 • (a) I voted on a matter which(check one): inured to my special private gain; or inured to the special gain of , by whom I am retainec (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature IPlease see PART C below for instructions on when and where to file this form. I PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen(15)days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not be filed merely to indicate the absence of a voting conflict. NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES§I12.317(1983),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 55,000. FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME-FIRST NAME-MIDDLE NAME McCAUL I E, W. GREGG THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON _ WHICH I SERVE ISA UNIT OF: AILING ADDRESS 394 11th Street iN CITY 0 COUNTY 0 OTHER LOCAL AGENCY O STATE CITY COUNTY Atlantic Beach Duval NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED March 17 , 1987 City of Atlantic Beach, Florida NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Community Development Board WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local,and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided into two parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.),while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR 10 7'1I E V0 l'L BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting;and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE:Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on March 17 , 19 87 (a) I abstained from voting on a matter which(check one): inured to my special private gain; or X inured to the special gain of William Ar z i e ,by whom I am retained. (b)The measure on which I abstained and the nature of my interest in the measure is as follows: I have in the past and anticipate that in the future I will perform legal services for Mr. Arzie. March 30, 1987 ' Date Filed Si: 44 Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes(Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However,any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on , !9 (a) I voted on a matter which(check one): inured to my special private gain; or inured to the special gain of , by whom I am retain (b) The measure on which 1 voted and the nature of my interest in the measure is as follows: Date Filed Signature IPlease see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen(15)days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not be filed merely to indicate the absence of a voting conflict. NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES¢112.317(1983),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.