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04-25-1983 - -. <.) ~ CITY OF EDGEWATER Zoning Commission Regular Meeting Minutes April 25, 1983 Chairman Siciliano called the meeting to order at 7:05 p.m. in the conference area of the Community Center. ROLL CALL Members present: Messrs. Siciliano, Stewart, Cochran, Wheeler and Sadowski. Absent: Mr. Landry. Also present: Mrs. Taylor. Mr. Siciliano suggested that they call the workshop meeting to consider video games. WORKSHOP - Video Games Mr. Stewart distributed copies of the Ormond Beach and Port Orange ordinances pertaining to video games, for the Board's review. Mr. Siciliano distributed "points to be considered", which he had prepared for the meeting. There was a lengthy discussion concerning both ordinance definitions; the members generally approved of that used by Ormond Beach. Mr. Stewart noted that the Port Orange definition states that no merchandise, prize or award of whatso- ever nature or kind shall be received for playing a game; Mr. Siciliano said that free games are usually given for high scores. This would be a prize, and he saw nothing wrong with that. He said that a restriction per- taining to gambling could be added. There was some discussion about where the video games should be permitted, and if there should be any restrictions as to how many should be allowed. The members agreed that there should be a game room definition, as well as a definition for video games. The following definition, which includes video games, was agreed upon: Automatic Amusement Devices - any machine which upon the insertion of a coin, slug, token, plate or disc, may be operated by the public gen- erally for use as a game, entertainment, or amusement, whether or not registering a score, including but not limited to such devices as video type games, marble machines, pinball machines, skill-ball, mechanical grab machines, and all games, operations or transactions similar thereto under whatever name they may be indicated. It shall not include music playing devices, or non-competitive devices. A definition for game room was then discussed. Video games in a commercial establishment as an accessory use and how to determine the number of machines a business could have was also considered. Mr. Stewart suggested limiting the machines to two if it is not the principle business. More than two machines would require a separate room. Mr. Siciliano said that automatic amusement devices or game rooms should be listed in the permitted uses under the zones affected. The rooms containing the video games would be called a "game room", and could state at the end of the definition that "pool rooms are not included". The board agreed upon the following definition for "Game Room": Game Room - an area within a building specifically designated for coin- operated machines or devices (pinball, pool tables, video games, etc.) offered to the public as a game or amusement. The board next considered video games as an accessory use in other commercial establishments and discussed the limit on the number of machines as an accessory use. At 8:10 p.m. Mr. Wheeler motioned to close the workshop, seconded by Mr. Cochran. The motion CARRIED 5-0. ~ o Mr. Siciliano announced that the regular meeting was in session. Mr. Paul Zimmerer was present to discuss with the Board his proposal for property he owned on Park Avenue. He explained that he lived on Mango Tree Drive, and spent his summers in Nebraska. His proposal is to build a two-story building with shops on the first floor and offices and living quarters on the second floor. The property is located on West Park Avenue about 1500 feet west of Mango Tree Drive on the north side of the road between the railroad tracks and the road, zoned I-I. It is approximately 140 feet deep. He proposes to use it for body shops or a garage. Mr. Siciliano explained that he would have to first go to the Planning Commission and then to the Board of Adjustments for a special exception for the living quarters. Mr. Zimmerer was advised to call at City Hall and get on the agenda for the Planning Commission to review the sketch plan. A motion was made by Mr. Wheeler, and seconded by Mr. Stewart to recommend that the definition for "Automatic Amusement Devises" be as described in the workshop meeting. The motion CARRIED 5-0 . A motion was made by Mr. Wheeler, seconded by Mr. Stewart and CARRIED 5-0 to recommend the definition for "Game Room" be as outlined in the workshop. The Board continued their discussion as to how many video game machines should be permitted as an accessory use in commercial establishments. A motion was made by Mr. Cochran, seconded by Mr. Wheeler, and CARRIED 5-0, to limit the number of video game machines to two as an accessory use in commercial establishments. Concerning the number of machines allowed as a principle use, it was agreed that any number over two would be considered the principle use. Mr. Wheeler motioned, seconded by Mr. Sadowski, to recommend that the number of machines constituting a principle use would be three or more. The motion CARRIED 5-0. With reference to the zones in which the principle use of video games would be approved, the members recommended B-3 and B-5. They felt that the accessory use should also be confined to the B-3 and B-5 zones. They felt that the intent of the B-2 Neighborhood Business District would not permit video games as an accessory use. The next item considered was the restrictions as to the distance from schools, churches, etc. The members agreed that it should be 500 feet for both principle and accessory use, and recommended adopting the balance of the paragraph from the Ormond Beach ordinance, Sec. 4, a and b. The Board members next discussed licneses. Mr. Siciliano said the appli- cation could be reviewed any of three ways: By the Board of Adjustment as a special exception, the Planning Commission, or outlined in the permitted uses. He mentioned that some of the staff people wanted it under permitted uses, but he was not in favor of it. He recommended that it be handled by the Board of Adjustment as a special exception. The members could see no reason that a special exception of this type should need to go to the Planning Commission before going to the Board of Adjustments. Mr. Wheeler asked if it could not be handled by the Zoning Board. Mr. Garthwaite, in the audience, noted that the Board of Adjustments is able to attach conditions to a special exception. The members agreed that the principle use application should be handled as a special exception and should go to the Board of Adjustments for approval. The board recommended that the application for accessory use should go to the Zoning Commission for approval. Mr. Siciliano said they would make a recommendation to City Council for the fee for video game machines. The members next dealt with the question of restrictions on the video games as to operating hours (item 6 on Mr. Siciliano's list of points to be considered). They recommended hours on Sunday through Thursday to be 7 a.m. to 11 p.m.; Friday and Saturday to be 7 a.m. to 12 p.m. - for principle use only. The members agreed that Section 5. Gambling from the Ormond Beach ordinance should be included as is. Mr. Siciliano said he would look into the suspension matter to see who would make the suspension. It may need to be a City Manager, if the City Zoning Commission Meeting, Apr. 25, 1983 2 <.) o gets a City Manager. The paragraph on revocation was recommended to read as follows - changing the heading to Suspension: Suspension - any license issued hereunder may be suspended or revoked for a good cause such as a violation of this Ordinance in any respect or to protect or promote the public health, safety or welfare. Suspensions may be ordered by the after notice to the licensee and an opportunity to be heard. Any order of suspension may be appealed to the which may make such disposition of the matter as it deems proper by majority vote. In the case of the revocation of a license, the City shall refund to the licensee the prorata unearned portion of his license, but no refunds shall be made when the license is temporarily suspended. Mr. Siciliano will ask the City Attorney for assistance on this paragraph. The Board agreed that the number of people in the game room would be con- trolled by the Fire Marshall. Motion was made by Mr. Wheeler, and seconded by Mr. Stewart to accept the recommendations made regarding the items from three on from Mr. Siciliano's "Points to be considered". The motion CARRIED 5-0. APPROVAL OF MINUTES Mr. Cochran motioned to accept the minutes of the April 11, 1983 meeting, seconded by Mr. Wheeler and CARRIED unanimously. IvlISCELLANEOUS Mr. Siciliano read the letter from the secretary advising that a copy of "Update '82" is available in the office for the Board to review. The Chairman discussed the list of permitted uses made up by the staff and asked the secretary to make copies for each member for the next meeting. These will be considered at the next regular meeting. The members were advised that the Planning Commission would like the Zoning Commission to come up with a definition for landscaping. Mr. Garthwaite asked about warehouses which have been turned into businesses. He explained that in a case of this type, the businesses did not comply with the parking requirements, as warehouses did not require as many, parking spaces as a business would need. He asked if there was something which could be put into the ordinance that would control this. Mr. Siciliano suggested that the law read that if the use is changed from what was originally requested that they should come back to some board for authority to change it. He did not feel that it should be left up the Building Offi- cial. The members agreed that they should work on this very soon. Mrs. Taylor said that she had been asked how many parking spaces were required for a storage warehouse, as there was a question on a case now before the Planning Commission. She was advised that they could only require one for each employee and one for each vehicle stored at_the site. The members felt that the City should have a Code Enforcement Official, in addition to the Building Official and the Police Chief, who would, as a part of his job, inspect for violations. Referring to the matter of businesses in a warehouse not stated in the original request, the;~chairman felt that the problem could be caught in the office when an applicant came in for a license. Mr. Wheeler mentioned that safety was also a factor, as there are different requirements for businesses. The meeting was adjourned at 9:35 p.m. Minutes submitted by Joan Taylor Zoning Commission, April 25, 1983 - 3 - o o ~ Date {1-./J ,:2 S I g 3 \ /~ tv ~ I, " " I, /V7 j/h " , I I I I I I I I , i I I I I