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12-11-91 v MINUTES OF THE JOINT WORKSHOP MEETING OF THE ATLANTIC BEACH CITY COMMISSION AND COMMUNITY DEVELOPMENT BOARD HELD IN CITY HALL AT 7:30 PM ON WEDNESDAY, DECEMBER 11, 1991 CITY COMMISSIONERS PRESENT: William I. Gulliford, Mayor Glenn A. Edwards Lyman T. Fletcher Adelaide R. Tucker J. Dezmond Waters, III COMMUNITY DEVELOPMENT BOARD MEMBERS PRESENT: W. Gregg McCaulie, Chairman Robert Frohwein Ruth Gregg Samuel T. Howie Mark McGowan Don Wolfson ALSO PRESENT: Kim D. Leinbach, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk The meeting, which was held for the purpose of discussing matters of mutual interest and concern, was called to order by Mayor Gulliford. The Mayor announced that Pat Pillmore had been appointed to the Community Development Board to fill the unexpired term of Johnnie Bass. He said she would not be able to attend the first meeting and asked that she be excused. The Mayor said he felt the City Commission may have been remiss at forwarding matters to the Community Development Board for their consideration. He also felt that certain parts of the City's zoning code was somewhat flawed and Commissioner Fletcher volunteered to head a committee to review and revise the zoning code. After brief discussion Commissioner Tucker, John Baillie, Ruth Gregg, and Robert Frohwein were also appointed to serve on this committee. Mayor Gulliford felt that a section should be included on the classification "Contract Quality Development." The committee was also asked to review the sign ordinance and it was agreed the City Attorney and City Planner would be available to help the committee with this work. Gregg McCaulie felt the procedures regarding "grandfathering" needed to be clarified. He said the Community Development Board did not understand the recent action taken by the City Commission with reference to the height regulations on Dr. Tafflin' s property. Mayor Gulliford Page Two Minutes Joint meeting between City Commission and Community Development Board explained new information came to light which indicated the matter had been presented to the city for approval under the old height regulations, and since the property owners had expended considerable funds in order to meet the ordinance which was in effect at the time, it was the general consensus of the City Commission that the construction should be allowed to proceed under the provisions of the old ordinance. Had this information been presented to the City Commission earlier, the matter would not have been referred to the Community Development Board. The City Commission had not granted a variance, but merely an interpretation of the law. Community Development Board members expressed concern that the matter had not been an agenda item when the City Commission had granted approval for the project to proceed. Commissioner Fletcher said he felt any request for action by the City Commission should be presented in writing and appear on the Commission agenda and be properly noticed. It was explained no such procedure existed at the present time and Commissioner Fletcher moved that procedures be drafted formalizing a procedure to be followed regarding grandfathering the construction of a building under the provisions of an ordinance which had been superseded, and also establishing a definition of "grandfathering." The motion was seconded by Commissioner Tucker and was unanimously approved. A lengthy discussion followed regarding grandfathering and the Mayor felt a clause could be added to the city code establishing a time limit wherein proposed projects would have to be permitted to be allowed to continue under the provisions of an ordinance which had been superseded. The City Attorney said in his opinion, grandfathering referred to the non conforming use, not the property. Discussion then ensued regarding the method of measuring height and Commissioner Waters felt a consensus of the wishes of the Community Development Board and City Commission should be reached that evening. It was explained an ordinance had recently been adopted changing the method required for measuring height and Robert Frohwein explained how the new measurements should be taken. Commissioner Waters confirmed that questions regarding height measurement should not have to come before the City Commission and it was agreed the procedure was outlined in the ordinance and could be handled by city staff. Discussion ensued regarding the granting of variances and Commissioner Waters said he would like to see fewer variances being granted and he said he would support the Community Development Board in their decisions. Mayor Gulliford announced that Commissioner Waters had requested at the last City Commission meeting that the zoning of a parcel of land on Mayport road be reviewed and possibly rezoned to a residential classification. Commissioner Waters provided each member of the Page three Minutes Joint meeting between City Commission and Community Development Board Community Development Board with a map of the area for their consideration. Ruth Gregg expressed the opinion that a traffic light was needed at the intersection of Royal Palms Drive and Plaza. She felt when the new Post Office at the intersection of Mayport Road and Plaza was opened, traffic problems on Plaza would increase and a traffic light would be helpful. It was generally agreed an annual meeting between the City Commission and Community Development Board would be helpful. There being no further discussion, the meeting was adjourned at 9:05 PM. Maure King, City erkV