Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES November 7, 2007 MEMBERS PRESENT: Mr. Stires stated Petition #16-07 and Petition Connie Klungness, President #16A-07 were submitted by Hoosier Park and Rudy Williams, Member Anderson Parks Department for a Special Harold Smith, Member Exception for an Amended Development Plan Paul O’Neill, Member for a Public Recreational Development. Petition #16A-07 is for a Variance from the MEMBERS ABSENT: Parking Space Size Requirement. This is for Michelle Weatherspoon the property located at 4500 Dan Patch Circle, also known as Hoosier Park. OTHERS PRESENT: Mr. Stires continued to explain to the Board Michael Widing, Development Director this development was before them in August Tim Stires, Assistant Development Director of this year for the Casino / Racino as far as Dave Wilbur, Senior Zoning Administrator the building and other amenities. The Robin Allman, Acting Board Secretary; and petitioners are ready to move on to Phase William C. Kreegar, Assistant City Attorney Two, which deals with the parking, landscaping and some signage being added to ROLL CALL AND DECLARATION OF A Hoosier Park to help with the anticipated QUORUM: additional traffic. Mrs. Klungness called the meeting to order at Mr. Stires went on to explain, the site plan 4:35 p.m. Mrs. Allman took roll call and shows several hundred existing parking declared a quorum with four members in spaces will be displaced due to the attendance. Ms. Weatherspoon was absent. construction of the casino. The site plan indicates new parking spaces will be added to Mr. Williams performed the invocation and the north side of the casino and west side of the Pledge of Allegiance was recited. the existing parking area extending out to Dan Patch Circle and Virgil Cook Boulevard. MINUTES: The site plan also shows the new configured parking areas with all spaces being hard The September 25, 2007 and October 3, 2007 surfaced asphalt and striped at 90 degrees. minutes were approved as presented. Motion The previous parking spaces were half passed unanimously; 4 yes, 0 no. diagonal spaces and half 90 degrees spaces oriented east to west. There will be three (3) BUSINESS: access points to the parking areas off the east side of Virgil Cook Boulevard. New east / west PETITION #16-07 access drives have been designed around the Submitted by Hoosier Park and clubhouse parking area and the casino Anderson Parks Department for a parking area. The customer drop-off area, Special Exception for an Amended which exists on the front on the clubhouse will Development Plan of a Public / Private remain, while a new customer drop-off area Recreational Development. PETITON will be in front of the casino. The total number #16A-07 a Variance from the Parking of parking spaces will increase from 1636 Space Size Requirement located at 4500 parking spaces to 2416 parking spaces, which Dan Patch Circle will mean an increase of 780 additional 1 parking spaces. Staff notes there will be curbing, sidewalks and cross access, so they additional parking spaces in the future as are not required to seek approval for the same more property is acquired and the casino waivers, since the Board has already granted business continues to grow. approval. Mr. Stires explained the petitioner is Mr. Stires stated, the Staff is recommending requesting one variance from the parking approval of the phase two special exception space size requirement. The City Ordinance and variance (parking space size) amending requires parking spaces be 10 ft. wide. They the development plan for a public recreational are asking that the spaces be narrowed to 9.5 facility because the proposed parking lot ft. wide spaces. Mr. Stires stated the expansion, landscaping, lighting and signage petitioner expects the type of clientele using meet all applicable Figure 9 Requirements these spaces will not be like a retail and a majority of the Board’s Design development such as a shopping center where Standards. you have cars pulling in and out frequently, staying maybe 15 minutes to a half of an hour. Mr. Stires indicated the petitioner’s were The casino is expecting customers to stay present along with their consultant Dick hours at a time with fewer cars moving in and Donnelly. out. This will be a 24-hour operation, seven day a week, 365 days a year. Traffic Mr. Donnelly introduced Rick Moore the projections have shown as many as 10,000 Manager for Hoosier Park and Dick Butwin cars per a day could visit the casino facility. the Chief Project Manager and Engineer. The landscape plan shows additional Mr. Donnelly explained the City Engineer has landscaping around the perimeter of the approved the drainage plan in a conceptual parking lot and landscaping islands at the end phase and we are waiting on the County of the parking rows. The individual islands Drainage Board to approve it next Wednesday will have a minimum of one shade tree and (6) at their meeting. Mr., Donnelly also wanted to shrubs plus ground cover and mulch installed. say thanks to the Board, Staff and the City for Plantings around Virgil Cook Boulevard will all their cooperation during this project. include one shade tree and two shrubs for every five (5) perimeter parking spaces. The Mrs. Klungness asked if it is better to have proposed landscaping both in phase one and the parking spaces at an angle or straight on. two far exceeds the 25 percent requirement for Mr. Butwin explained with the constraints of this zone class of B-4. the site they were trying to get as many parking spaces as possible and we could get Mr. Stires went on to explain since there will more with the spaces being at an angle. Mr. be additional parking there will likewise be Butwin added you also have a wider drive additional lighting. They are looking at adding path with the angled parking. We did lay it in excess of 100 new pole lights. The new pole out both ways, straight and angled parking light will match or be similar to the existing and it worked out better with the angled pole lights. The wattage of the pole lights will parking. range from 175 to 1000. Staff does have a satisfactory isolume plan on file. Mr. Williams asked if they were planning to widen the entranceways because they are a bit Mr. Stires continued to state the petitioner is confusing. Mr. Donnelly explained it’s all not proposing any new exterior signage as going to change, the two entrances off the part of this petition, except for traffic circle will be gone; there will two new wider directional signs in and around the parking entrances and it will all be much more areas. organized. Mr. Butwin explained it will be much more organized with a much more Mr. Stires stated the petitioner requested orderly flow. Mr. Williams asked if there three waivers from the Board’s Design would still be valet parking? Mr. Butwin Standards at the Board’s Special Meeting on stated there would be valet parking at the August 20, 2007. The petitioner received racetrack entrance as well as the casino approval for the waivers from the concrete entrance. Mr. Williams asked how many 2 parking space would be lost if they were to change them from angled. Mr. Donnelly Mr. Williams made a motion to approve explained they would lose about ten percent, Petition #16-07 a Special Exception for an around three hundred spaces. Mr. Donnelly Amended Development Plan for a Public added not only do you lose spaces you also lose Recreation Development. drive space through the aisles of the parking area. Mr. Williams asked where the valet The proposed special exception is in a proper would be parking the cars. Mr. Butwin replied zone district. The requirements of Figure 9 that they would either park the vehicles to the have been met or variances have been south of the parking area or directly below the granted. The proposed special exception will hill in front of the racetrack. serve a public need and convenience because of the following findings of fact: by making the Mr. Stires asked about a progress report on parking spaces smaller will allow more the casino building. Mr. Moore reported the parking for customers. The proposed special foundation and roof are in place; they will exception will not permanently injure the soon be putting up the walls so the tradesman appropriate use of the surrounding properties can come into a closed facility and begin their because of the following findings of fact: work, and be out of the weather. Mr. Moore improvements will all be on Hoosier Park’s asked the Board to come out and see the property which is a business and is part of operation and thanked them for being on their business plan. The proposed special board with this project. exception is consistent with the spirit, intent and purpose of the zoning ordinance because Mrs. Klungness asked if there were any of the following findings of fact: by allowing questions for or against this petition? Mrs the petition to be approved. Mr. Williams Klungness then stated seeing none can we moved to approve Petition #16-07 a Special have a motion? Exception for an Amended Development Plan for a Public Recreational Development. Mr. Williams made a motion to approve Petition #16A-07 for a variance from the Mr. O’Neill seconded the motion. A vote was parking space size: The approval of the taken resulting in a unanimous vote to proposed variance would not be injurious to approve the petition. the public health, safety, morals and general welfare of the community because of the Mr. Stires informed the Board of some up following findings of fact: the smaller parking coming business for instance; Zion Baptist places will work at this facility because it is Church who wants to open their church in the not like a shopping center where customers old YWCA, Ed Martin has bought the old will not be driving in and out, they will be Leath building and wants to expand the car staying for extended periods of time. The sales lot. approval of the proposed variance would not adversely affect the surrounding properties ADJOURNMENT because of the following findings of fact: A motion was made for adjournment and because the smaller parking spaces are only seconded. Meeting adjourned at 5:05p.m. on Hoosier Park’s property. The strict application of the terms of the zoning ordinance would result in practical difficulties in the use of the property, if the proposed BY: ______________________________ variance were denied because of the following Connie Klungness, Chairperson findings of fact: If this variance is not approved it would prohibit all the parking ATTEST: ___________________________ required for this project. Mr. Williams moved Robin Allman, Acting Board to approve Petition #16A-07 a variance from the parking space size requirement. Secretary Mr. O’Neill seconded the motion. A vote was taken resulting in a unanimous vote to approve the petition. 3