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HomeMy WebLinkAboutDocumentation_Regular_Tab 9-02_03/10/2005• VILLAGE OF TEQUESTA PLANNING AND ZONING ADVISORY BOARD MEETING MINUTES DECEMBER 1, 2004 I. CALL TO ORDER AND ROLL CALL The Village of Tequesta Planning and Zoning Advisory Board held a regularly scheduled meeting at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Wednesday, December 1, 2004. The meeting was called to order at 6:30 P.M. by Vice Chair Steve Okun. A roll call was taken by Recording Secretary Betty Laur. Board members present were: Vice Chair Steve Okun, Jeff Robbins, and William Wilder. Also in attendance was Director of Community Development Jeff Newell. Chair Elizabeth Schauer and Boardmember Leslie Cook were absent. ~~ ~J II. APPROVAL OF AGENDA MOTION: Boardmember Okun moved approval of the agenda as submitted. Board member Wilder seconded the motion, which carried by unanimous 3-0 vote. The motion was therefore passed and adopted and the Agenda was approved as submitted. III. APPROVAL OF PREVIOUS MEETING MINUTES MOTION: Boardmember Wilder made a motion to approve the minutes of the meeting of November 17, 2004 as submitted. Boardmember Robbins seconded the motion, which carried by unanimous 3-0 vote. IV. NEW BUSINESS A. Review and Discussion of "Adult Arcade" Ordinance • Jeff Newell, Director of Community Development, read from the draft ordinance prepared by Attorney Randolph, noting that the first "whereas" paragraph was a definition of adult arcade amusement centers. In the next paragraph the words "sitting as the Local Planning Agency" were deleted since the Village Council no longer sat as the Local Planning Agency. Vice Planning and Zoning Advisory Board December 1, 2004 Meeting Minutes Page 2 • Chair Okun asked if the board was to embrace FS Chapter 849, to which Mr. Newell responded in this case the State was allowing the municipality to regulate. Mr. Newell advised the paragraph beginning "Whereas, the regulation...." was boilerplate language; the paragraph beginning "Whereas, it is not the intent....." was the State laws regulating gambling; the paragraph beginning "Whereas, the Village Council of the Village of Tequesta held...." was what was being done; and the next paragraph was correct. In Section 1, a blank had been left because the section had not yet been created, which would be done when this went before Village Council. Mr. Newell read aloud the draft ordinance language for Section 1. Vice Chair Okun commented this was the area where he thought it would be appropriate to address and include Internet based activities. Mr. Newell made a note to review this matter with the attorney, whether to insert "Internet based and or link" in line two right before "other". Vice Chair Okun asked if there were certain requirements to deem an organization bona fide and charitable. Mr. Newell responded there was a Tequesta resident who gave an annual holiday party and last year it was a casino set-up, without prizes defined, it was just the experience, which an example of what that was saying. Boardmember Robbins asked if State law defined the prize. Mr. Newell explained that at Chuck E. Cheese they gave • coupons you turned in for prizes. The people in the adult arcade business used that law for a loophole and were giving prizes that came from the business community, which loophole the State had now closed and granted the authority to local jurisdictions to regulate this. Raffles were discussed. Mr. Newell explained the law did not define a raffle as gambling, and he would have to look at the law for exact wording, but in that case one was buying a ticket and there was no skill involved. Mr. Newell commented staff recommended the only zoning where adult arcades could take place to be C-2, along U.S. One, which would be written into the ordinance by Attorney Randolph. Locations would include County Line Plaza, Tequesta Shoppes, and Village Square Shops. At one time the Village had four applications for adult arcades in Tequesta Shoppes, and had placed a moratorium so it could not happen until an ordinance could be written. Discussion ensued regarding prohibiting this type of business or limiting the area to a very small location. Mr. Newell explained it could not just be prohibited. Mr. Newell read the locational standards for adult arcade amusement centers from the draft ordinance, and explained that any adult arcade application would have to go before both P&Z and the Village Council for special • exception use approval. Mr. Robbins asked if one could go into Tequesta Planning and Zoning Advisory Board December 1, 2004 Meeting Minutes Page 3 • Shoppes, to which Mr. Newell responded no because of the spirits shop and St. Jude's being too close. Vice Chair Okun commented if by design you made it exclusionary, you would be open to challenge. Mr. Newell advised that was why the ordinance had been written by the Village Attorney-it could be done but one had to meet the demands of the ordinance. Mr. Newell indicated the board could recommend changing the 2,500 foot minimum separation, or it could be changed in the future. Vice Chair Okun indicated he was uncomfortable with an attorney structuring an ordinance that was exclusionary since the only one who would benefit from that would be the attorney having to defend a challenge against it. Mr. Newell responded that had been the direction to staff since it was a use not welcomed here, and one could not say it was prohibited; and the attorney had reviewed other ordinances already in place that had stood the test, and any ordinance could be challenged. Boardmember Wilder commented the attorney had looked at a lot of other towns' ordinances to do this one. Mr. Newell commented the moratorium could not be left indefinitely, and may have already expired. This matter must be completed, and then the adult entertainment ordinance could be reviewed. Hours of operation and signage were reviewed. Mr. Newell explained that signage was reinforced by the sign code. Parking would be considered by the Village Council when it went before them as a special exception. Vice Chair • Okun expressed concern this could easily slide in if the business was selling lottery tickets and other things. Mr. Newell responded it still had to go through the special exception use approval process, and the Village Council could say yes or no. Mr. Newell read aloud numberl and 2 of the special exception permit criteria, and explained that a background check would reveal any previous convictions, which would allow the Village to deny the application. Number 3 required the applicant to be 21 years of age. Mr. Newell commented an application had not yet been created, but would contain the requirements under (c) Applications, in the draft ordinance. Item (d) set forth requirements for occupational license and registration, including a decal for each machine. Occupational licenses were not transferable. Vice Chair Okun commented if it were an Internet conveyance, just about any computer, PDA, or cell phone could qualify as a machine, and he wanted to insert appropriate wording to safeguard against Internet conveyance. Vice Chair Okun wanted the attorney to recognize the Internet was not just accessed from a computer on someone's desk, but also through PDA's and cell phones. Mr. Newell indicated he would pass that on to the attorney. Mr. Newell read aloud the draft ordinance language regarding regulation of machines, responsibilities of inspecting offices and • departments, and operations. Planning and Zoning Advisory Board December 1, 2004 Meeting Minutes Page 4 • It was pointed out there were commas missing in Item (g), and should be inserted after peace disturbances, after gambling, and after intoxicated persons. Mr. Newell read aloud the rest of the ordinance. Mr. Newell noted remaining tasks were to put this into C-2 zoning and address Internet conveyance. Vice Chair Okun commented another thing was to broadly define machine as also including that equipment that may utilize the Internet. After these items were addressed by the attorney, this would come back to the P&Z board. This was the first review and first opportunity for public input. The members of the board not present tonight would be able to see what was done from the minutes and the corrected draft. Mr. Wilder commented he did not think it would be necessary to read the draft ordinance line by line again. If everything was okay with all members of the board with the revised draft, the next review would be the final one before passing on to Village Council. Upcoming meeting schedules were discussed. Mr. Newell indicated he believed this could be ready for final review in January since there were only minor changes. • MOTION: Boardmember Robbins made a motion to make the changes to the draft ordinance as discussed. Boardmember Wilder seconded the motion, which carried by unanimous 3-0 vote. V. COMMUNICATIONS FROM CITIZENS There were no communications from citizens. VI. ANY OTHER MATTERS Possible applications that might be considered at the December 15 meeting were announced. Vice Chair Okun asked the status of Public, which Mr. Newell indicated was now in the permitting process. Vice Chair Okun asked if speed humps/bumps were still an open issue. Mr. Newell advised that speed tables were easier to deal with. Vice Chair Okun commented the second open issue on Publix was stop signs. Mr. Newell indicated Village Council was allowing construction of the main building to go forward but there were still unresolved issues regarding the • Planning and Zoning Advisory Board December 1, 2004 Meeting Minutes Page 5 • parking lot. Everything had to be completed according to what was approved before a CO would be issued. Vice Chair Okun asked if the Village Council was aware of the liability now that Federal and State guidelines for stop signs had been scrutinized. Mr. Newell commented he had discussed this with the Village Manager, who was good about passing this type of information to the Council. VII. ADJOURNMENT Upon motion by Boardmember Wilder, seconded by Boardmember Robbins, and unanimously carried, the meeting was adjourned at 7:30 p.m. Respectfully submitted, `i B "J Recording Secretary • •