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CCMtg12-19-83IDNGYTgD CITY 03~M[SBION DECEMBER 19, 1983 Present: Mayor Innrann DepMayor uskere comniasi~er crane Camnissioner Mitchell Commissioner Pappas David U. CTacey, City Arbminis[ra[or Frank Kmppmbacher, .City Attorney Donald Terry, City Clcrk 1. Mayor toniwm called ehe maeeing to order. Lrvocation followed by PSedge of Allegiance eo the tk~ited Stales Flag. 2. Appxerval of Ttinuees, 12/12/83 Regular tMecing. t+ntion by Camdssioner Pappas, corded by DepMayor Uskert ehae minutes of 12/12/83 be approved az sutadeeed. Motion cased by voice mote. 3. Public Hearing, Ordinance No. 609 - armrxacion of property on East side of 1]-92 awned by Roger L. Jablonski, Trustee. Fk. %nWpmbachez read Che ordinance by [i[le only Mr~ Chacey described the locaeion of ehe property. I4. Besi1 Ltaddork said he sire whether he was for again the Ne suggested chat the Ciey stop annexing pmperities bit by bit and im questioned wherer the adds[' aa1 c of services mould be off set by addixiroal vexes. Ttr. Chacey said the developar world be required to pay the rest of installing water line co property. Mr. Craddock said ehe City should aet~e to check tl~e spread of grw l~ ar~d chat the boundaries should be settled, lhere was no further discussion. Ibtion by DepMayor Uskert, seconded by Cmmissioner Pappas etst public heazing be closed. Ibcion carried by vice mote. DepMayor Uskert said he agreed with the opinions of Mr. Craddock and he said song ood's Faseem brnsdary stxuld be Itigpway 1]-92. DepMayor Usker[ suggested that the City dearmex the TaLro sec on which is on rise Fos[ side of 1]-92. Gmnissioner Grant said he was in favor ofxehe proposed annexa[ion and he said ebere would be rn addieio~tal expenses involved since ehe Ciry waz already providing police and fire protection. fk said [he additimi would provide a good ear base for Ienguxiod. DepMyor Uskerc questioned whether Iongwwd was responsible fox providing fire and police protection eo ebae area. Nr. Ciucey said be had proposed eo the Cemission [hat cbe City's long range amexaeion program provide Eo'r armexuig propprry on the East side of 11-92 fran Ng Track Road rorch co General fWtchison Par$way approximately 200-300 feet deep. DepMayor Uskert said his pro- posal bad nevEr been approved by [he Ciry Cmmission. tbtion by Commissioner Pappas, corded by Ccmni.ssioner Mitrhell tYat Ordirv~mce No. 60H be adopted. Tbcion carries by a vote of 4 to 1 with Camdssioners Crane, Mitchell and Pappas and Mayor Ionwam mooing Aye and Depvayor Uskere voting Nay. 4. Public Hearing, Gmditional Use Request suUm.ited by !4. JoM BcMea~ for a Savings and L>an, a laundry pickup s and a medical and dental office in the Park Sgvaze CamnrcialeSq~ai re~ o,acey explained ehae the uses requested by Mr. Rctmeaian were "Condieiunal Uses" which mold be pennit[ed or denied a C-2 district. 14. Fred Pearl asked if sty Crnmissioner was involved in xiy of [he conditional uses and if so, said they should re.Erain from voting and declare a mriElicc of iptereses. Mayor Inrmann said chat a vrvolved and was e that he must file a coe.tlict of in st hefor vesting and mould do so. crnmissioner Grant said is was good co declare early. Commissioner Micrt~ell said he was the individual ~d he hoped to open a Par-R-Que u~d he said he would file onflic[ of in e form. Mr. Ed Nealer asked if lu. 6. D. BinWson ha~h'r s a[~ earlier that onlyepen~dcced uses would be used 'in tree s Mr. matey said cbe r~vested uses were "conditional" under present zoning and no rezoning mould be required. Cmmissioner Pappas s aced flta[ he was opposed to e char on aural[ being VV t d and said thereywere ten y msGisanes alreadyl in Trn~xmOdest restas1art ~ers amid snedsar~d alldrestzurm~its appe~ared~to besdoir~g welEl~ccive Cmmi.ssioner Pappas said he was c mod about the additional cra£Fic Che shopping would cr Carznissione[nPappas said ehe s a shopping cm curter moist it wasecalled and should not have born petxndceed. }~s said thetChurch next ~. door was upset since no provisions }ud born made for arty wall or buffer. DepNayar Uskert objected co the request covering several businesses and he said he thought a sepaza rogue should be request far ach specific conditional us Mr. Itruppmbachex aid i artron pre o gran onditional u e Lor only on Mme but he said tJie City Code did<not pzohibit such m application. DepMayorsUSkerc said he thought mch use should be considered separately and cmfi.med or denied m its awn Gmnissimer LYant said he did not object if e requested andrsaid the lhtieed Seaces Gwernrene gives persons the@right~mgage in basin under Che free mrexprise syscmi and the sCrong wills 'v . DepMayor Uskert aid heewas no objecting to ehe mmber of restauranes We did objecteto granting a blankeC c<mdicionalt e fox ral r Camiss r Ltmc said the rogue t might better be maMr. I(xv~ppmbarher aid the Cwmdssion could vake a policy decision on Fww requestsm£or Conditional Use are processed. }@ said the Gxrmissim could require that e application be suWdCted for each use or to permit an applicant to group vs Cogeehex. Mr. Fred Pearl objected to rtw~ging the use fran C-2 Co C-3 and he asked Cttac each business use be filed sepazacely. Covmissionex Grano asked the attorney co explain az~d Mr. Kxpppmbaclws said Che requested uses were a perndtted conditimal use and did t require rearnung and he suggested Ue Cwmiission require a separaee review for each Camdssioner GYmt said he agreed with DapMayor Uskert az~d that one application needed £or each use. Mr. John Sctmemai said ehere were C-3 uses m either side of him with Freedom Haz~c juse eo ehe West of his property. Mtinn by UepMayor-llskerc ehae CrnWieional Use Requese be denied and chat applicant be required to resutmic. Mr. tCx~pmbacher said the Gmmission could consider one sepazate use. or [hey siwuld direct that appLiran[ refile his application. DepMayor Uskert withdrew his previrnss Mocim by ~epMayor Uskert, s corded by Gmndssioner Pappas that rile Conditional ~.~ User2eque t be refiled listing one and pernd.CYing as y individual requests a ssary. hbCion was c iedaby~a of 3 co 2 with Cwnussimer Mit~ell, Crnmissimex Pappas and DepMayor Uske t wting Ayetand Cam~issioner 4Yant and Mayor Ionrvsn voting Nay. Cwrznissioner Grano and Mayor lonamn said they rjooughc applicant titled w one requese. Me. Setmeeian said he weld like approval o£ hh. Mitchell's and a Pizz DepNayor Uskert said they Cwrznissim could only approve m and F4. Sc}mesmmv eked trtaT the Yiz C be approved. hbtion hY Cwmiss r Pappas, coded by 1kpMayox Uskertztha[ a Conditioal Use be granted Pazk Sava e Plaza for a Pizza resta~saz~t. Nneion eaz-cied by a ss roll call voce. 5. First Z3mdi~, Ordiriazice No. 615 -rezoning of Zarco property, requested by Florida Residmcial Cwmenicies. Mr. (lucey described Che location of Che pxoperry. Mayor Lormam passed gavel to DePZ'ayor Uskert. Moeion by Mayor tono-vn, seconded by Commissioner Pappas that Ordinance No. 615 be Passed m fast reading and that a public hearing be scheduled for January 9, 1984. Mocim tarried by a unaiimxu roll call voce. 6. FK. Howrd [efkaritz asked the Camussion eo consider where FRC should build a privacy fm<e bett+em ehe Stadoa Hill Subdivision and the Coventry Sulxlivision. He said that FRC tad agreed to erece a privaty fence becwem Ue two subdivisions and he was prepared eo do so: however, a porxim of the Shadow Hill Subdivisim presmely had a force and if FRC ereceed a force m the Coventry boundary, is wind create an alley Mu<h mould lead.m main[ e problmis. He suggested t1taC PRC could can ue ehe presme line of fence or cam~ce a separaCe force where the Sbadaa Hill force coded with the force being ereceed m Grvmtry property. Mr. 2ay~rond 0rcwer of 10J Cayl.e Avenue said the 10 Foot easerent/buffer zone at the rear of his property belonged eo Hie Shadow Hill ~, Subdivision and he objected eo Mr. Lefkoai[z caking that Property Lor his force. TK. Brewer said the force should be built Che length of Che property and placed on the Coventry bomdary. He said if i ..sary For jvsC one force, he Snadw Htll property mom ould nove [heirs ring<£mces back To oboe eM Coventry bomdary. Mr: pmbacher asked Itr. Iefkowi[z wtat ltis presort oblia er and Nh-. Lef sazd FRG xa bligated Co build a b fooC privacy £mce the lac~~sof he property separaeuig Shades trill and Grvmcxy. Mayor Iaxmmn read a letter sumaiteed £ran _<_