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HomeMy WebLinkAboutDocumentation_Regular_Tab 02_02/17/2005 VILLAGE OF TEQUESTA PLAN1vING AND ZO1vING ADVISORY BOARD MEETING MINUTES NOVEMBER 17, 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, November 17, 2004. T'he meeting was called to order at 6:35 P.M. by Chair Elizabeth Schauer. A roll call was taken by Recording Secretary Betty Laur. Board members present were: Chair Elizabeth Scha.uer, Vice Chair Steve Okun, Leslie Cook, Jeff Robbins, and William Wilder. Also in attendance was Clerk of the Board Jeff Newell, and Planner Carol Lux . II. APPROVAL OF AGENDA MOTION Vice Chair Okun moved approval of the agenda as submitted. Board member Wilder seconded the motion, which carried by unanimous 5-0 vote. The motian was therefore passed and adopted and the Agenda was approved as snbmitted. III. AFPROVAL OF PREVIOUS MEETING MINUTES Chair Schauer requested that the numbering be corrected and that the layout of the minutes be changed back to the previously used format. Boardmember Cook requested addition into the minutes of comments made by Stephanie Faust regarding paint for Village Square Shopping Center. Chair �chauer que�tioned Ms. Lux regarding whether Steve Parker was going to report back with a recommendation on the landscaping for agenda item IV(1). Ms. Lux explained that the Village Council had decided that would go back to staff to be finalized, and reported that Mr. Parker had done a fabulous job. Chair Schauer advised in that case it did not need to be brought back to this board, since staff and Mr. Parker had made a recammendation for agenda item N(1). Mr. 4kun suggested for action at a later date that the board consider using a PMS book, which was a standard guide that identified colors by numbers and could be used by the boazd to refer to specific colors by the numbers used by every sign maker, painter, etc., to avoid confusion. Chair Schauer recommended that be an Plannin� and Zoning Advisory Board Nove�nbcr 17, Zoo:� �reet;,, �r�„Utes Page 2 item to be brought up for discussion when the board had a joint meeting with Village Council to make sure the boazd and Council were on the same page. MOTION Boardmember Wilder made a motion to approve the minutes of the meeting of October 26, 2004 as amended. Vice Chair Okun seconded the motion, which carried by unanimous 5-0 vote. IV. NEW BUSINESS A. Organization of the Review for Zoning Code Revision: Adult Arcade Code Continuation of Review; begin research and discussion of the code review of the Adult Entertainment Code; begin research and discussion of the code review of the Subdivision Regulations Jeff Newell, Director of Community Development, advised staff would like to set a path to follow for reviewing ordinances. The reason the adult arcade had been scheduled was it had become a problem for the Village 6-8 months ago and resolution of this issue was needed. Four companies had wanted to come into the Village, and the Village had set a moratorium. Mr. Newell explained that an adult azcade was set up like a casino and the winnings were distributed in the form of coupons that could then be exchanged for prizes, similar to the children's Chuck E. Cheese establishments. The adult arcades were operating by using a loophole in the Chuck E. Cheese law, using coupons instead of money. Mr. Newell advised that the board's first order of business would be to complete that process. Chair Schauer asked that the boazd review this for the next meeting. Vice Chair Okun commented in order to hold it at bay the board must be working on it. Chair Schauer commented gambling had been approved in Browazd in the November election. Mr. Newell confirmed that did not affect Tequesta. Mr. Newell explained that Attorney Randolph had put together a draft ordinance, which along with two others from other municipalities had been provided for the board's review. Chair Schauer noted at the last meeting it had been decided to hold two meetings per month, one to review ordinances and another to deal with site plan reviews. Ms. Lux explained that three site plans had been anticipated for the December 1 meeting; however, they might not be ready and requested that the agenda be left open for either the site plans if any were ready, or review of the adult arcade code. Ms. Lux advised that at the December 15 meeting a zoning text amendment might be considered for the Atlantis project. Ms. Lux commented that Mr. Van Brock, who was planning to add another building to the front of the Fashion Mall, might be ready for site plan review at the next meeting. PlanninS and Zoning Advisory Board No��e�nbcr 17, 200411iceting Alinutes Page 3 Mr. Okun commented that the virtual aspect of the arcades was being overlooked, and that if there was a coffee shop with internet access in the Village, five people or� cQ�iipute�s could carry on the adult arcade activities there. Mr. Newell commented this particulaz azcade under discussion was physically set up like a casino, and he did not think the intent here was to address possible internet access. Discussion ensued. Mr. Newell commented Attorney Karen Roselli, who had been the attorney for this board when the adult enterta.inment ordinance was first discussed, had been researching the virtual aspects. Mr. Okun commented the ordinance should address 21 � century technology, and as more was known, because of all the activity in the homeland security, one could focus to an area, and appropriate phrases could be added to an ordinance to address that type of gambling. Mr. Newell commented the adult arcade situation needed to be dealt with and concluded. Chair Schauer confirmed that ihe boazd's homework was to review the ordinance prepazed by Attorney Newell. Ms. Lux requested that the agenda for the December 1 meeting be left until it was known whether any site plan reviews would be ready, and she would advise the board of the agenda later. The lead time to receive meeting packets was discussed. The board indicated they needed a week to review packets before a meeting, and tha�staff should decide how far ahead they needed to receive applications in order to provide a week for boazd review. MOTION Boardmember Wilder made a motion that the board receive apptications seven days before a meeting in order to have time to review the site. Vice Chair Okun seconded the motion, which carried by unaninaous S-0 vote. In response to Mr. Robbins question of what the responsibility of municipalities was in regard to adult entertainment, Mr. Newell explained that there were two separate items—the adult arcade and the adult entertainment code. The Village was required by law to have an adult entertainment ordinance in place. The ordinance for the adult azcade would be to protect the Village, and without that ordinance this type business could go into the C-2 district in the shopping centers, etc. There had been applications for one to go into the Winn Dixie building, the Sound Advice building, near Blockbuster, etc. Chair Schauer clarified the homework for the board was Mr. Randolph's draft ordinance, and the ordinance from Seminole County and the one from Castleberry, Florida. Mr. Newell explained that those were adopted ordinances. Mr. Newell advised that the adult arcade ordinance would be forwazded to Village Council after completion. Mr. Okun questioned whether there was currently a state law that superceded the Village's ordinance on tlus Planning and Zoning Advisory Board November 17, 2004 Meeting Minutes Page 4 issue. Mr. Newell explained the state had defined it and had placed certain legislation, but each jurisdiction needed its own ordinance in regard to zoning. Mr. Okun asked if the board should have a copy of the state law, which Mr. Newell indicated would be provided. Ms. Lux advised the first meeting of the month would be review of ordinances and the second meeting of the month would be site plan review, unless staff needed to change it, and the board would be advised. Mr. Newell commented any information the board needed would be provided in plenty of time for them to review it before the meeting. After the adult arcade issue was completed, the adult entertainment esta.blishment zoning would be considered. Chair Schauer indicated she had all her corrections on that issue from the May 2004 meeting. Mr. Newell indicated he believed he had those. Chair Schauer commented she had wanted a skid row to be avoided and also had mentioned addressing if Lighthouse Gallery ever had a nude model. Chair Schauer requested a clean copy with her comments and including Mr. Okun's concerns regarding virtual aspects. Mr. Newell commented after the adult entertainment establishment zoning was addressed, then subdivision regulations would be considered next. Ms. Cook commented there was hardly any land left to be developed. Mr. Newell commented it stili had to be addxessed—buildings could be torn down and new projects built, and vacant land could be annexed. V. UNFINISHED BUSINESS The adult arcade code had already been discussed. VI. COMMUNICATIONS FROM CITIZENS Bettv Na�v Shay Place, asked if the Atlantis project would be brought in during the December meetings. Ms. Lux explained that the project would not be considered, but possibly a zoning text amendment would be. Because what they wanted to do was not allowed in the Village, the zoning code text would have to be amended if the Planning and Zoning Board and then the Village Council decided they wanted a 12-story, or 14-story including the 2 underground stories of garages, building allowed within the Village. They might decide to allow an 8 story building, or some other criteria. At that point this would go back to Planning and Zoning for site plan review for whatever had been decided. If Village Council decided they did not want what was proposed or anything different, it could be changed to 5 stories or 6 with Village Council approval, which was already allowed. The public would be given notice. T'he Planning and Zoning Board had no specific advertising Plannin� and Zonin� Advisory Board Novembc:r 17, 200�1 A�Ieeting AZinutes Yage 5 requirements since they were only an advisory board to the Village Council, but items were always advertised at least the Sunday before a Wednesday meeting. 1n the case of Atlantis, because it was such a high profile project, it would be advertised as much as possible. This was only the beginning, and only a zoning text amendment was being considered. Mr. Newell clarified that if the Village Council rejected the zoning text amendment, the project would have to comply with existing zoning. Ms. Nagy commented it had been the impression that the Village had already practically approved this project, and requested the public be notified. Tom Paterno commented this matter should go before the public and not just called a zoning text amendment—it would be a change in the zoning, and that should be ciear. Mr. Newell commented it was a modification to existing zoning and was not a new ordinance, it was an amendment to an existing ordinance, and it had to be advertised before being considered by Village Council, at least twice. Mr. Paterno expressed his opinion there also had to be a use change, and that was something that should be taken up. VII. ANY OTHER MATTERS It was noted meetings had been scheduled for December 1, December 15, January 5, and January 19 to this point. Boardmember Cook requested packet information be faxed to her since she had problems with her e-mail. Mr. Wilder requested to be notified so he could pick up his packet until he got a new comput�r, VIII. ADJOURNMENT Upon motion by Boardmember Cook, seconded by Vice Chair Okun, and unanimously carried, the meeting was adjourned at 7:27 p.m. Respectfully submitted, _ ������ Betty Laur Recording Secretary