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Draft Min Workshop 7-10-071\HNUTES OF THE WORKSHOP OI' ATLANTIC BEACH CITY CONIM3SSION HELD IN ADELE GRAGE CULTURAL CENTER ON JULY 10, 2007. City Commission Members present: Donald M. Wolfson, Mayor J. Dezmond Waters, III, Mayor Pro Tem Mike Borno, Commissioner Sylvia N. Simmons, Commissioner Jamie Fletcher, Commissioner (arrived at 6:26 pm) Staff present: Jim Hanson, City Manager Sonya Doerr, Community Development Director Alan Jensen, City Attorney Donna L. Bussey, City Clerk Guests present: Ann Bowers Joan Carver Bill Ballow Lyman Fletcher (arrived late) The meeting, which was held for the purpose of discussing the following items, was called •to order at 6:00 p.m. by Mayor Wolfson. District Representation City Manager Hanson gave an overview of the District Representation Study Committee. In his overview, he explained why and how the Committee was established, the research process, and the final recommendation. Committee Members Ann Bowers, Joan Carver and Bill Ballow were in the audience and introduced themselves to the Commission. Mayor Wolfson explained why he believed there was the need to look into District Representation. He gave his overview and expressed appreciation to the Commission and the District Representation Study Committee for their efforts. Mayor Wolfson explained to the citizens present that the purpose of the workshops is to give an opportunity for the Commission and staff to exchange issues and ideas in the Sunshine in order to expedite the regularly held Commission meetings more efficiently and to elaborate on some issues that will be brought back to the Commission in a formal session. Mayor Wolfson referred the Commission to the Committee's recommendation and asked for their individual comments. Comments were exchanged regarding the history and statistics of our elections, the process taken by the Committee, and the final recommendation. The main issues addressed were: 1) perception of disenfranchisement; 2) low voter turnout; 3) geographical statistics on previous candidates and elected officials; and 4) campaign contributions. :Ylinutes -City Commission Workshop July 10, 2007 Page 2 Mayor Wolfson introduced Chairman Lyman Fletcher and thanked him for his involvement on the Committee. Consensus was to move the recommendation of the District Representation Study Committee forward to the Commission at the next Regular Commission Meeting in the form of an Ordinance for first reading. The meeting paused for a break at 7:34 pm. The meeting reconvened at 7:41 pm. 2. Proposed Land Development Regulations Community Development Director Sonya Doerr distributed information on Vested Development and Vested Rights. She explained that Vested Development. is defined in our regulation and there is a Section that deals with Vested Rights. She referred to Section 24-51(a) and explained Vested Rights are determined by law on a case-by-case basis, unless we do something in our regulation indicating what is vested and what is not. She stated that if we believe we are going to have a reason to deal with vested rights or whether something is vested, on a large scale, we need to make that clear and explicit in our Code and that could very well be the case if we have a , hurricane and are looking at mass reconstruction. Commissioner Fletcher asked what is vested now. Sonya explained it is complex because you have to look at it on a case-by-case basis but, generally, it is structures that have been legally constructed with a building permit. Ms. Doerr distributed handouts on Non-conforming Lots, Uses and Structures. She explained it is the intent of Section 24-85 to recognize the legal rights and that Vested Rights would apply to the Use but not the Building or even Density. Proposed new language was presented as Section 24-85 (c)(2). Ms. Doerr presented a handout on the Comp Plan, Objective A.1.8, Post-Disaster Redevelopment which highlighted Policy A.1.8.3. She read the policy which states "By December 31, 2005, the City shall amend its Land Development Regulations to include provisions that address post-disaster redevelopment". She explained that we don't have anything in our regulations other than the non-conforming provisions which are not clear regarding the replacement of condominiums and multi-family uses along the beach. It was agreed that apost-disaster redevelopment provision should be addressed. Ms. Doerr referred to her handout which suggested language to be added to Section 24-87 regarding Multi-family Dwellings. She explained that the additional language would satisfy the requirement in Policy A.1.8.3. Ms. Doerr distributed handouts and explained alternatives for new language to Section 24-87, Redevelopment, Repair or Replacement of Lawfully Existing Residential Uses. While referring to the proposed paragraph (d), Ms. Doerr explained that the Community Development Board recommended deletion of the paragraph and preferred to consider such cases on an individual basis through the Variance process. Mayor Wolfson asked if their position was unanimous 1Viinutes -City Commission tiVorkshop Page 3 July 10, 2007 among its members. Ms. Doerr responded that it was strongly recommended to delete the paragraph. Commissioner Waters referred to his suggested alternative paragraph and explained his position. Mr. Hanson helped clarify Commission Waters belief that you should be able to rebuild the same house almost exactly, subject to current building codes, and get the same set-backs, variances, and everything you had before, but, if you build back something different you would need to meet all the regulations. Commission Simmons referred to a handout with her suggested language to Section 24-87. She explained that Vested Use and Non-conforming Structures have been discussed together and this has caused confusion. She believed language regarding Non-conforming Structures should not be mixed with Vested Use language; therefore she proposed deleting some of the language in paragraphs (a) and (c) that has to do with Non-conforming Structures. She suggested including paragraph (d) as submitted by Commission Waters rather than deleting (d) as presented on her proposal. Mayor Wolfson clarified Commissioner Simmons' position to have paragraphs (a), (b) and (c) focus only on Vested Use and incorporate paragraph (d) as submitted by Commission Waters. Mayor Wolfson suggested adding "fire" to the language. . Discussion ensued regarding changes to the language presented as paragraph (d). The Commission also made suggestions to move that language to a different section of the Code. Commissioner Fletcher believed that the city should use what they've learned over the last fifty years and utilize it by having all development and redevelopment meet the current codes and regulations. Further discussion ensued. Consensus was to incorporate the changes (as suggested by Commissioner Simmons) to have paragraphs (a), (b) and (c) address Vested Use only, by striking the parts relating to non-conforming, and move. paragraph (d) to Section 24-85 and bring it back in the form of an Ordinance for first reading at the next regular Commission meeting. There being no further discussion by the City Commission, the Mayor declared the meeting adjourned at 8:40 p.m. Donald M. Wolfson Mayor ATTEST: Donna L. Bussey, CMC City Clerk