HomeMy WebLinkAboutDocumentation_Regular_Tab 17_06/09/2005 INTEROFRICE MEMORANDUM
TO: VILLAGE MANAGER MICFIAEL R. COUZZO, JR.
FROM: COMMUNITY DEVELOPMENT JEFFERY G NEWELL
SUBJECT: REVIEW OF ADULT ARCADE ORDINANCE
DATE: 5/31/2005
CC: ASSISTANT VILI.AGE MANAGER ROBERT GARLO
An ordinance for review and discussion before Village Council. This is a"draft" copy for review and
discussion concerning the zoning of "Adult Arcades."
The Planning and Zoning Advisory Board has reviewed the ordinance and has recomrnended its
review before Village Council.
I will have Ms. Kaxen Roselle attend the meeting to answer questions.
Jeffery C. Newell
Communiry Development
��� �� t � � ORDINANCE NUMBER: � R��T
� ��;� �� ' � 7 �� �� , „�.�-�' ��-�1'.� r�'
AN ORDINANCE OF THE VII.LAGE���F TEQUESTA, FLORIDA,
AM . 5, THE OFFICIAL ZONING
ORDINANCE OF THE VILLAGE OF TEQUESTA, TO PROVIDE '
FOR, ADU USEMENT CENTER A D SIMILAR
ERTAINMENT ENTERPR�S.� AND BUSINES AS A
PERMITTED SPECIAL E�C�PTION USE IN THE C-2 ZONING
DISTRICT; PROVIDING REGULATIONS FOR ADULT ARCADE
AMUSEMENT CENTERS, INCLUDING BUT NOT LIMITED TO,
L IONAL REQUIREMENTS, HOURS OF OPERATION AND �� �
S AD RDS OF PATRON CONDUCT, REGISTR.ATION �}
IREMENTS FOR MACHINES, OCCUPATIONAL LICENSING,
APPLICAT���1"1�� OTHER LICENSING REQUIREMENTS FOR
ADULT � ARACDE AMUSEMENT CENTERS, AND
RESPONSIB�. ITI�S , O, VILLAGE STAFF; ESTABLISHING AN
OCCUPATIONA�. � TAX; PROVIDING FOR SERVER.ABILITY;
PROVIDTNG FOR CODIFICATION; AND PROVIDING AN
� EFFECTNE DATE. �p ,/ � r ,e, �.�
�..�,��,,6�'"�( l�
WHEREAS, the Village Co cil of the Village of Tequesta, has determined that`�t,� -
game rooms and/or enterprises of ring coin-operated sements which are commonly �(���
` known as adult arcade amusement centers ("adult arcades") equite locational standards and �`
use regulations to pxotect the public health, safety, moxals an general well welfare; and
WHEREAS, the Planning and Zoning Advisory Board held a public meeting, in
accordance with State Law on May 5,2005; and
WHEREAS, it is the intent of this Ordinance to regulate adult arcades that
fYequently munic the look and a�nospheYe of gambling venues, but are operated in
accordance with Chapter 849, Florida Statutes, ("Gambling"); and
WHEREAS, it is also the intent of this Oxdinance to �egulate the location of adult
aYCades as a special exception use in the G2 zoning district within the Village of Tequesta in
confoxmance with the Village's Comprehensive Plan, to pzovide for, restrictions and
limitations pertainuig to this use to attempt to reduce the negative secondary effects of adult
arcades and to advance the public policy of protecting children and the geneYal public
welfare; and
WHEREAS, this OYdinance is not intended and shall not be construed in any way to
peYmit ot facilitate any act ar activities pxohibited by Chapter 849, Fla. Stat. Mozeovex, this
Ordinance is not intended to expand, in any way, the provisions of Section 849.161, Fla.
: Stat. Specifically Chapter 849, Fla. Stat., generally, or in other statutes or law that may in the
future be enacted by the Florida Legisla.ture pertaas.ung to adult axcades, amusement games or
machines and/or other forms of gambling acrivities conducted in adult arcades; and
WHEREAS, the Planning and Zoning AdvisoYy Board held a public hearing on this
Ordinance in accoYdance with the xequixements of ChapteY 166, Fla,. Sta.t. On May 5, 2005;
and
WHEREAS, the Village Council of the Village of Tequesta has held all required
public hearings in accoYdance with the pxovisions of Chapter 161, Fla. Stat. and has provided
notice to the public and an opportunity to be heaxd by the public on this Oxdinance and has
afforded procedural due p�ocess to the public in the enactment hexeof; and
WHEREAS, the Village Council of the Village of Tequesta, Florida has previously
adopted Ordinance 355 as the Official Zoning Oxdinance of the Village of Tequesta.
NOW THEREFORE BE IT ORDAINED BY THE VILLAGE COUNCIL
OF 'THE VILLA.GE OF TEQUESTA, FLORIDA:
SECTION 1. Section 78-177 C-2 Community Commercial District (special
exception uses) of Ordinance No. 355, (as amended) is hereby amended to read as follows:
� a�, q�• +'�''�S
Adult Arcade Amusement Centers oY •' s ox
businesses at which electronic, mechanical, coin operated, computer, video ,or other similax
games or amusement, chance or skill are played, whether for consideration or not. The
presence of games or gaming devices that are similar to, or in the nature of, slot mac ' ~
shall result in a in a rebuttable presumption that the enterprise or business at which such
machine are located is an adult arcade or amusement centex as defined herein. Adult axcades
or amusement centers shall be referred to in this section as "the enterprise or business".
Adult arcade amusement centexs may be permitted as a special use upon a determination by
the Village Council that the proposed use is consistent with the pYOVision of Section
849.161, Florida Statutes, and after a special exception is granted in accoYdance with the
�equixements of this Code and the following additional standaYds. This regulation shall not
apply to bona fide charitable organizations that have been awaxded Section 501(c)(3) sta.tus
undeY the Internal Revenue Code of the United States, and which may operate five (5) or
fewex games of amusement, chance or skill on their premises.
(a) Locational StandaYds for Adult Arcade Amusement Centexs.
(1) Location: No special exception shall be granted for a new adult arcade amusement center o�
or permi.t the substantial enlaxgement or ttansfer of ownexship or conttol of an adult arcade
amusement centex to be located within 2,500 feet of the property line of a pro a S ��
pYOperty assigned a land use designation or zoning classification that permits mgle famil ��
residences or another adult arcade amusement center, a public or private scho a ay caxe
facility a chuYCh ox house of woxship, a public libxaxy, alcoholic beverage establishment or a
public park. The required 2,500 feet ininiinum separation shall be measu,red by drawing a
st.�aight line between the nearest point on the perimeter of the property line of the proposed
adult arcade amusement centeY use to the nearest property line of the other existing use. An
adult axcade amusement center shall not be located within the same development, planned
unit development, plaza, shopping center, retail office ox industrial park, as any other adult
aYCade amusement center regardless of the separation dista,nces.
(2) Hours of Operation: Adult arcade amusement centers are prohibited fxom being open to
the public before 9:00 a.m. or after 9:00 p.m.
(3) Signage: The use of any imagery or graphics on a sign referencing gambling or games of
chance including, but not limited to, slot machines, poke� wheels, or any other similax
machine or device is prohibited and unlawful when visible from the exterior of the
enterprise oY business including, but not limited to, wall signage and window signage. The
use of strip, neon or flashing lighting is prohibited and unlawful.
(4) Parking: Parking requitements fox adult arcade amusement centers shall be pYescribed in
the ��.e�ler gxanting the special exception.
(b) S�ecial Exce�tion A��roval Criteria.
The following requirements shall apply to all adult arcade amusement centers and shall be set
fo�th as conditions in all special exceptions approvals which pexmit an adult arcade
amusement center.
(1)T'he pxoperty owner and/or the person or entity operating or conducting the enterprise ox
business shall regularly inform the Village Manager, or designee, of any changes in the
information requixed in this Section.
(2) An occupational license for such a use shall not be issued by the Village of Tequesta if
any person with an interest in the enteYprise or business, or an employee of the business, has
been convicted of a violation of a Federal or State Statute or an ' nce pertaining
to gambling or any othex crime involving moral turpitude wi ' five (5) yeaxs receding the
application fox the special exception.
(3) The applicant for a special exception under this section must be twenty-one yeaxs of age
and pYOVide proof to the satisfaction of the Village thereof,
(c) Ag�lications
No person or entitp shall operate or conduct an adult arcade amusement center in the
Village of Tequesta without fitst obtauiiiig an occupational license fxom the Village of
Tequesta and Palm Beach County. A person or entity desiring to apply for such a license
shall make an application in writing on a form prescribed by the Village Manager, or
designee, which application shall set forth, at a m;nimum, the following:
(1) The name under which the enterprise or business is to be conducted.
(2) The location at which the enterprise or business is to be operated.
(3} The naxne, addxess, telephone numbers, date of birth, driver's license number, and
principle occupation of every person with an interest in the enterprise or business.
(4) The number (quantity) of the machine and other such equipment to be located on the
pYemises of the business.
(5) A complete descriptions of each maclvne on the premises including at a muumum the
name of the manufacturer(s), serial numbexs, name, type, or description each machine, name
of the actual owner(s) of each machine with address(s) and phone number(s), including any
person oY entity with a financial ox an equitable interest and all UCC financing statements.
(6) Whether the applicant has ever been engaged in opeYating a gaming or gambling house,
card room, games of chance, an amusement arcade, of any type or nature and when where
and how long in each place within five (5) yeaxs preceding the date of the application.
(d) Occu�ational License and Registration
The �equitements set forth in this section for the issuance of a special exception shall apply
to each subsequent owneY and operator of the enterprise or business operating under the
special exception:
(1) As a pxereqiiisite to the issuance of an occupational license for the enterprise ox business
by tke Village, an inspecrion shall be made of the premise by the Village Manager, ox
designee, Building Official, Fire Chief, Chief of Police, or their designee, each of whom must
consent to the issuance of such occupational license.
(2) Registtation of each amusement devise however operated is xequired at the time the
application for an occupational licenses submitted and such registration (and updated if
necessary) must be renewed annually at the rime the occupational license is xenewed. For
each machine registexed in the Village, a numbered metal or plastic decal shall be issued by
the Village to the applicant for each machine and must be prominendy displa.yed by the
applicant of where the machine is to be operated in the licensed pYemises, the manufacturer
of the machine, the manufacturer's serial number, and the software version if any.
Registtarion decals are not transferable from person to person, business to business, location
to location, or machine to machine. The failure of any machine to display a curxent
xegistration decal shall be a violation of this secrion and subject to enforcement action by the
Village. No machine will be eligible fo� a registration decal if its operation involves any
material elements of chance unless:
(A) The applicant submits with the application, satisfactory p�oof that the applicant
has registered with the United Sta,tes Depaxtment of Justice pursuant to 15 United
States Code 1171, and
(B) T'he applicant submits with the application, all records required by Fedexalla.w to
be maintained by those who Yegister under 15 United States Code 1171, and certifies
the machine bears the permanent maxking requiced by Federallaw.
(3)The applicant shall keep the registered machines, the records of acquisition, location and
disposition tequixed by Federal Law, and xecoxds of prize awards open to law/code
enforcement inspection at any time.
(e) Res�onsibilities of Ins�ecting Offices and De�axtment
The inspection requiYements of the Village departments having responsibility under this
Ordinance are as follows: � �
(1) The Village Managex, or designee, is xesponsible for granting, denying, revoking,
xenewing, suspending and canceling occupational licenses in accordance with Florida Law.
(2) The Building Official is Yesponsible for inspecting esta,blishments and business, to
asceYtain compliance with the Florida Building Code, the Unsafe Building Abatement Code,
all fite codes, statues, and other similat xegulations.
(3) The Fire Chief is responsible fox inspecting establishments and business, to ascertain
compliance with all fite codes, statutes, oYdinances and regulations.
(4) The Chief of Police is responsible fox verifying information contained on applications for
p�oposed or existing adult amusement arcade establishments, and inspecting the premises of
such establishments, to ascertain compliance with Florida Law and oxdinances including, but
not limited to, those requixements set forth in this section...
( fl Ogerations
All adult axcade amusement centeYS shall comply with the following requirements:
(1) An adult who is twenty-one (21) years of age or oldex shall be on the premises of the
adult axcade amusement centex at all times to supervise the operation thereof during all
hours of operations.
(2) No alcoholic beverages including beer and wine shall be brought to, sold, distributed, or
consumed on the premises of any adult arcade amusement center.
(3) No person undex the age of eighteen (18) years shall be permitted on the premises of an
adult axcade amusement center before 4:00 p.m. on any day when any public or private
schools in the Village axe in session, unless such person is accompanied by his or heY parent
or legal guardian.
(4) The enterprise or business shall be open to the general public, and shall not discriminate
based upon race, creed, gender, national origin, religion, or physical handicap.
(5) The registration decal for each machine shall be atta,ched thereto and in plain view at all
times.
(6) The use of gift certificate, gift cards, and/or other similar items of value or cash
substitutes ate stricdy prohibited.
�� ��
(7) Prizes shall be limited to $5.00 retail value and shall be kept on the premises. �
(8) All machines on the premises, must fully comply with the State of Florida's laws, Yules,
regularions and prohibitions peYta.ining to slot machines, and shall be in fizll compliance with
Section 849.161, Florida Statutes, as amended.
(9) Law enforcement and Village code enforcement offices shall have full access to enter and
inspect any machine at any time to ensute compliance with the provisions of this section and
the requirements of Florida Sta,tutes.
j� The us o�eration or rovision of an� machine, com�utex, server. cellular tele�hone,
ox wireless, electronic. or other ec�ui�ment oY device. in ox u on the remises of an� adult
arcade amusement center, for the ose of gambling, gaming„ wa�e� bettin�, access�
cvber or vixtual casinos. Internet gambling websites. lotteries, b� ames or �artici�ating
in a� � in an� other gamin,g or gambling activities whether m_a�, txansmittine, or
receivin� bets. wagers, etc. is stricd� �rohibited. No owner or o erator of a� adult arcade
amusement center shall xn ovide or rnake availa,ble an� such e�uin� ment for use � its atrons
and othex ersons on the nremises, nor shall the owner or o e�atox uermit the use of a�
such device b� a� erson while on the uremises. All state of Florida and Federal Internet
ga� laws, nrohibitions, and statutes. as are ado ted and ma� be amended from time to
tune, are here� incor�orated � reference into this section.
(11) T'he violation of any of the provisions of this section shall consritute sufficient gtounds
for the Village Council's xevocation of the special exception for the enterprise or business.
(g� Peace Disturbances, Gambling, Intoxicated Persons, Minors
No tenant, lessee, licensee ox owner of any adult arcade amusement center, or any servant
agent or employee of such a licensee or ownex, shall permit upon the premises of an adult
amusement center, any o£ the following:
(1) DisordeYly persons.
(2) Gambling ox the use of, possession, or pxesent of gambling paraphernalia, as defined in
Chapter 849, Fla. Sta,t., oz.wage�, bettin�, gambling and/or gaming via the Internet, such
as in vi�tual or cybers�ace casinos or otherwise, as more s�ecificall�prohibited in subsection
f�(10) above.
(3) Into�ucated ox substance impaixed pexson.
(4) Loud noise or music to emerge from the licensed premises which noise or music is
disturbing to the surrounding area.
(5) Any tenant, lessee, licensee or owner, or any servant agent or employee thereof, shall be
presumed to have pe�mitted the conduct enumerated in this section if it occuxs on the
pxemises housing an adult axcade amusement center.
(h) Occu�ational License Tax
The categoYy ."ADULT ARCADE AMUSEMENT CENTER" and the occupational license
tax of $1,000 is hereby established for the classification of business.
SECTION 2. SEVERABILITY. If any secrion or portion of a section of this
� Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair
the validity, force or effect of any other section or paxt of this Ordinance.
SECTION 3. CONFLICTS. All ordinances or paYts of ordinances in conflict
herewith are hereby repealed.
SECTION 4. CODIFICATION. It is the intention of the Village Council of the
Village of Tequesta, Florida, and it is hereby ordained that the provisions of this Ordinance
shall become and be made part of the Land Development Code of the Village of Tequesta;
that the Sections of this Ordinance may be xenumbered or relettexed to accomplish such
intention.
SECTION 5. EFFECTNE DATE. That this Ordinance shall become effective
unmediately upon passage and adoption.
THE FOREGOING ORDINANCE was offered by Council Membex
. who moved its adoption. The Orclinance was seconded by Council
Member and upon being put the vote, the vote was as
follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Oxdinance duly passed and adopted this day
of , 2005.
ATTEST:
Villa.ge Clerk
VILLAGE OF TEQUESTA
PLANNING AND ZONING ADVISORY BOARD
MEETING MINUTES
MAY 5, 2005
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 Thursday, May 5, 2005. The meeting was called to order at �
6:34 P.M. by Chair Elizabeth Schauer. A roll call was taken by Village Clerk
Gwen Carlisle. Board members present were: Chair Elizabeth Schauer, Vice
Chair Steve Okun, Leslie Cook, Jeff Robbins, and William Wilder. Also in
attendance were Clerk of the Board and Community Development Director Jeff
Newell, and Village Clerk Gwen Carlisle.
II. APPROVAL OF AGENDA
MOTION
Boardmember Okun moved approval of the agenda with item IV (b) Review
of Final Draft of Adult Arcade Ordinance moved to IV(c) and County Line
Plaza Color Scheme Change to become item IV (b); also, addition under Any
Other Matters of Arbor Day and agreement with landowners. Board
member Okun seconded the motion, which carried by unanimous 5-0 vote.
The motion was therefore passed and adopted and the Agenda was approved
as amended.
YII. APPROVAL OF PREVIOUS MEETING MINUTES
MOTION
Vice Chair Okun made a motion to approve the minutes of the meeting of the
March 16, 2005--regular meeting and LPA hearing. Boardmember Wilder
seconded the motion, which carried by unanimous 5-0 vote.
Vice Chair Okun made a motion to approve the minutes of the meeting of the
Apri17, 2005--regular meeting. Boardmember Robbins seconded the motion,
which carried by unanimous 5-0 vote.
Vice Chair Okun made a motion to approve the minutes of the meeting of the
February 24, 2005--regular meeting. Boardmember Wilder seconded the
motion, which carried by unanimous 5-0 vote.
IV. NEW BUSINESS
Site Plan Review of 364 South Cvpress Drive
Planning and Zoning Advisory Board
May 5, 2005 Meeting Minutes
Page 2
Mr. Newell advised that the owner, Dr. Tarplee, and another gentleman who
worked on this design were present. Mr. Newell read sections aloud from the
Village's comprehensive plan regarding drainage, and explained that dealing with
the drainage issues was difficult because this property was all impervious area.
Mr. Newell discussed the direction of runoff, control of runoff, and stormwater
retention, and explained how these met the comprehensive plan. Board member
Cook commented long ago there had been a drainage project for that area, which
Mr. Newell advised was Unit 35 which was in but not complete. Mr. Newell
explained that there was a landscape island protruding into Cypress Drive.
Runoff on Dr. Tarplee's property was now directed to the vegetation areas, which
set a precedent. Vice Chair Okun asked what safeguards there were, since this
property owner was being invited to accept more than normal liability by
providing a landscape plan which brought him out into the public right-of-way.
Mr. Newell explained Council would have to grant the right to place that island in
the right-of-way, so this board had to decide what they wanted to do in order to
make a recommendation. Chair Schauer recommended waiting until the Council
made a decision. Discussion to reduce the island to keep it within the property,
and it now was out into the right-of-way 10 feet.
Chair Schauer asked what plantings were in the landscape plan. Dr. Tarplee
responded those were to be determined. Board member Cook suggested
approving the building, and waiting on the landscape area until Council decided
what they wanted to do regarding setting up a beautification corridor. Grass could
be planted until a decision was made. Mr. Newell commented this problem
would arise with other properties on South Cypress Drive as they redeveloped.
Board member Okun commented the Village could establish a beautification
corridor in order to cure problems, and take on the responsibility for its
infrastructure and maintenance, as opposed to asking a property owner to invest in
not only the improvement but to be responsible into perpetuity for the median.
Problems with the design of Cypress Drive were discussed. Mr. Newell indicated
he was not impressed with the tiny landscape islands with one tree that Jupiter had
put in, to which Board member Cook responded she thought that was as good as
one could get. Chair Schauer commented all of the people had not met Ordinance
377. Mr. Newell explained that it would be a problem for the Village for the next
few years because there were a lot of old buildings and the ground was covered in
asphalt, and it would be different when they all came in to develop those
properties to meet Village requirements. The Village would really have to work
to get them to come as close to compliance as they could. This property had
come out very well, and this property had set a precedent.
Board member Wilder asked if the Village Council decided to have limited access
along South Cypress with mostly curbing, and if this fit that scheme. Mr. Newell
responded they were also looking at another scheme with landscape islands down
the center of Cypress, but that was a problem because of the way the buildings
Planning and Zoning Advisory Board
May 5, 2005 Meeting Minutes
Page 3
were located, so that brought the plans back to the islands, and a decision had not
yet been made, and it was hoped that this properiy would rekindle that discussion.
Vice Chair Okun asked if these islands would be private or municipal. Mr.
Newell commented it was not known what Council would decide; they might
allow a reduction for a low-profile vegetated area, but it was not decided.
MOTION:
Board member Cook made a motion to accept this property as submitted with the
exception of the landscape island, until Village Council decides what they are
going to do. Chair Schauer asked if the outside perimeter met Ordinance 377.
Mr. Newell advised there were a couple of problems—the code required 5', but it
had to be reduced to 3' to give the Fire Department the width they required for
their emergency insurance, and in another area it was 2', but that was the best that
could be done. Chair Schauer asked why there was only one live oak in the back.
Dr. Tarplee responded there was nothing there now, and there were three existing
palm trees in the southeast corner. Mr. Newell commented that was a retention
area as well. Board member Cook asked if a hedge was required in back. Mr.
Newell commented the Village was providing a 900' hedge, part of which was at
the rear of this property. Vice Chair Okun suggested using more pervious area to
soften the property. Mr. Newell explained a hard surface was required for
parking. Vice Chair Okun expressed his opinion it would be a mistake to approve
the gray area without making it definitive where the responsibility of the property
owner ended. Board member Cook responded she had already made a motion to
accept the property without that area. Board member Wilder suggested a
stipulation that the property owner had to maintain the property that belonged to
the Village forever, as had been done at Seaquesta. Mr. Newell advised the
Village Council would have to make that decision. Vice Chair Okun asked why
Dr. Tarplee would want that responsibility. Board member Cook commented that
was not this Board's decision—it was Council's purview and they would make
that decision. It was noted that Council was looking for a recommendation from
this board. Chair Schauer commented that the board's recommendation should be
that this area would be eliminated and to place sod up to Dr. Tarplee's property
line, and when Council decided on a landscaping project they could fill it.
Chair Schauer noted in the code book, Sec. 78-334, Application and Review
Process, (7) Community Appearance Board Review—that needed to be changed.
Mr. Newell responded when the code book was reformatted, not everything was
caught. Vice Chair Okun asked that the motion be amended to include the
recommendation that the property owner's responsibility not go beyond the
property line, and that sod should be placed there. Mr. Newell suggested low
profile landscaping, such as coco plum. Vice Chair Okun made an amendment to
the motion to accept the site plan as submitted for 364 South Cypress Drive
except that the property owner's responsibility shall end at the property line and
he was only obligated to put a sod surface landscaping to separate ingress and
Planning and Zoning Advisory Board
May 5, 2005 Meeting Minutes
Page 4
egress. Discussion ensued. Chair Schauer announced that this was getting too
confusing, therefore all motions were withdrawn.
MOTION
Vice Chair Okun made a motion to recommeud to Village Council that the
entire site plan at 364 South Cypress Drive be approved, including the
landscaping, with the exception of the island that is on the west boundary;
that the property owner's responsibility end at the property line, and the
property owner is only obligated and responsible to put in a sod surface.
Board member Robbins seconded the motion. During discussion of the
motion, Board member Wilder stated he thought this was a very good plan
and agreed with the property owner's responsibility to sod. Chair Schauer
commented the color scheme was very nice, and asked what fencing material
was proposed. Dr. Tarplee responded it would be anodized aluminum. The
vote on the motion was 4-1, with Board member Cook opposed because she
thought the property owner should take responsibility to do the entire
landscape section.
Countv Line Plaza Color Scheme Chan�e
Mr. Newell commented the representative for the applicant, Mr. Campbell, was
present. The proposed color scheme was the same as that of Publix, and this
would be uniform throughout the entire center. Don Campbell explained the
original color scheme had been painted on a 30' section of the shopping center
and it did not look like it did in the rendering, and other 10' sections were painted
in other colors, but they found nothing that looked really good, so decided the best
way to choose would be to pick something that had been done. Mr. Campbell
commented the new shopping center at Mirasol on PGA Boulevard with a Publix
store was one of the best looking shopping centers he had seen, and this submittal
was the same as that center. The photos that were submitted were of that
shopping center. During ensuing discussion, Mr. Campbell advised all the speed
bumps were being removed and a new speed table installed, and there would be a
complete new sign package. Vice Chair Okun asked if the property owner saw a
problem accepting responsibility and liability for the signs they put in, to which
Mr. Campbell responded he could not addxess that issue. Chair Schauer
commented when that plaza was developed years ago, there was a Council
meeting held in the plaza, and the Village got DOT to change the configuration to
come into the center. The signs belonged to the property owner. Vice Chair
Okun stated his position that if the Village was party to recommending and
approving interior subdivision signage (internal stop signs) that had traffic
controls, and the Village's police department was surveying those traffic controls,
the Village was authorizing illegal stop signs that would not be enforceable, and
the solution was to say those signs were the property owner's responsibility and it
was up to him to accept the liability. Discussion ensued. Mr. Okun commented
Planning and Zoning Advisory Board
May 5, 2005 Meeting Minutes
Page 5
the Village must have an agreement that the property owner had liability. Mr.
Campbell commented he did not have authority on the stop sign liability.
MOTION
Vice Chair Okun made a motion to recommend to Village Council approval
of the County Line Plaza color scheme change as presented. Board member
Robbins seconded the motion, which carried by unanimous 5-0 vote.
Review of Final Draft of Adult Arcade Ordinance
Mr. Newell verified with the board members who had received his e-mail final
draft. Board member Cook indicated she had a new e-mail address, and would
give it to Mr. Newell.
Chair Schauer referred to code book Section 78-361 Special Exception Uses. Mr.
Newell confirmed the adult arcade ordinance would be a special exception use in
the C-2 zoning district. Chair Schauer referred to code book Section 78-362
Criteria , and Section 78-362 Findings Required for Approval, and noted that
Planning and Zoning was not mentioned in the process of special exception use.
Mr. Newell confirmed that special exceptions would come to P&Z first, so they
were a part of the process. Chair Schauer commented she had been thinking
about adult entertainment and the adult arcade and the code required the Council
to have a special exception hearing open to the public. Mr. Newell confirmed that
the Council did have that hearing and notice was given to property owners within
30Q', and it had to be advertised twice. Chair Schauer commented by the board
reviewing these ordinances they were creating a law and allowing these types of
businesses to come into the Village. Mr. Newell responded yes, but looking at the
criteria, distances that they had to meet, it would be very difficult. Mr. Newell
explained the history of the adult arcades and that the State allowed jurisdictions
to heavily regulate this type of business. Vice Chair Okun commented as the
State loosened its legislation barring gambling activities, these could be natural
landing points for expanded use, and once the State pre-empted the Village there
would already be a footprint that would be close enough for a natural evolution,
and that was why he had been so tenacious about making sure the ordinance was
ahead of the next wave electronically. Mr. Newell commented he had no problem
getting with Attorney Karen Roselli regarding the extra paragraph on that issue if
the board agreed. Mr. Newell stressed urgency, since he had already been
contacted by three parties wanting to open these businesses. He would get the
additional language to Ms. Roselli the next day. Mr. Newell advised she was also
working with Jupiter on this type of ordinance. Board member Robbins
expressed his opinion the board should move to get this before Council because of
the urgency, and the language could be improved over time. During ensuing
discussion, Vice Chair Okun suggested the following additional language: "The
arcade will also not operate any virtual business by electronic transmission by
internet, telephone, cellular technology, or any other wireless devices designated
Planning and Zoning Advisory Board
May 5, 2005 Meeting Minutes
Page 6
to receive transmissions related to adult arcade activities. " Consensus was to
give this language to Attorney Roselli so that if she could add it, she would do so.
Chair Schauer asked Mr. Newell to read aloud the occupational license
registration requirement, which was done. Chair Schauer clarified that was
stating that before a license was given the property had to be physically checked
out. Mr. Newell confirmed that the � inspection would be done by the Building
Official as designee of the Village Manager, the Fire Chief and Police Chief. Mr.
Newell confirmed all of the commas, etc., would be reviewed before this
ordinance went to Village Council.
Chair Schauer commented she drove by the one in Stuart and it was packed with
senior citizens. Mr. Newell commented they used a credit card type system Chair
Schauer commented she had reviewed and found some things that were not
conect, as she had mentioned. It was noted that when the code was re-codified
they had not moved everything that should have been moved, and had moved
other items that should not have been moved, and it was appreciated that Chair
Schauer had pointed out some of these items. Chair Schauer recalled a time when
the Council wanted to regulate parades, but she did not agree, and it had been
tabled.
MOTION
Board member Cook made a motion to recommend to Village Council
approval of the final draft of the adult arcade ordinance with the new
language suggested by Vice Chair Okun: "The arcade will also not operate
any virtual business by electronic transmission by internet, telephone, cellular
technology, or any other wireless devices designated to receive transmissions
related to adult arcade activities." ; and to respectfully submit the final draft
of the adult arcade ordinance to the attorney for review and approval.
Board member Robbins seconded the motion, which carried by unanimous
5-0 vote.
V. COMMUNICATIONS FROM CITIZENS
There were no communications from citizens.
VI. ANY OTHER MATTERS
Chair Schauer noted Arbor Day came and went without a tree planted, and
volunteered to contact Mr. Couzzo to remind him a tree needed to be planted
because Tequesta was a Tree City. Board member Cook cornmented it could be
done a little late this year. Discussion ensued. Board member Cook commented
it just slipped by this year. Chair Schauer commented she would call the Village
Manager before the next meeting of this board. Board member Cook commented
Planning and Zoning Advisory Board
May 5, 2005 Meeting Minutes
Page 7
the Village just planted six sable palms in the Bay Harbor passive park, and a
picture could be taken, and those trees could be cansidered to be for Arbor Day.
Board member Cook expressed concern about the linear park, but stated she
would go before Council about that. Board member Wilder commented County
Commissioner Karen Marcus had given another $135,000 for improvements.
Mr. Newell reported for the intersection of Village Boulevard and Old Dixie that
the Village was going to approach the county for new traffic signals there. ,
Vice Chair Okun advised he wanted to bring the board up-to-date on his
conversations with the board, Village Manager, and the Director of Community
Development on one of the things which he had mentioned at the joint meeting
because he wanted to put the Village Council on notice. That was that the Village
was complicit in getting involved in stop signs on private property. Mr. Okun
stated it put the police department in a bad situation—they knew they could not
really enforce those so they went through the motions if someone asked them to;
it put the Chief in a bad situation, it increased the Village's liability. Mr. Okun
commented there were Federal standards adopted by the State of Florida, and
certain criteria had to be met. He commented involvement should start with P&Z
and then go beyond. At that meeting he was told the Police Chief or Lt. Ricciardi
looked at that, but that was not what should be done. What should be done was
the Village should have an agreement with the landowner indemnifying the
Village so they were not liable for any action caused by any placement of internal
signs on private property. Signs placed by private landowners gave a false sense
of security and was a violation of law. Mr. Okun advised he had spoken with Mr.
Newell and the Village Manager and told them the easiest thing for the Village
was just to get an agreement and tell the Police Chief not to get involved in
placement of illegal signs. The Village Manager had liked the idea and wanted to
have Karen Roselli draw up an agreement. Mr. Okun stated as a recommending
board, the board should adopt this position. Mr. Newell advised he would have
Karen Roselli come to the next meeting and he would put her on the agenda to
discuss this issue. Mr. Okun indicated he would e-mail Mr. Newell, who could
,
then talk with Ms. Roselli.
VYI. ADJOURNMENT
Upon motion by Vice Chair Okun, seconded by Boardmember Wilder, and
unanimously carried, the meeting was adjourned at 8:00 p.m.
Respectfully submitted,
Gwen Carlisle
Village Clerk