Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES June 4, 2008 MEMBERS PRESENT: PETITION #12A-08 Rudy Williams, President Submitted by Rickers, KT Sports LLC Harold Smith, Vice President Connie Klungness, Member and Kenneth Kocinski for a Variance Greg Spencer, Member from the Front Yard Setback Willie Rayford, Member Requirement. MEMBERS ABSENT: PETITION #12B-08 Submitted by Rickers, KT Sports LLC OTHERS PRESENT: and Kenneth Kocinski for a Variance Tim Stires, Assistant Development Director from the Lot Coverage Requirement Stephanie George, Board Secretary, located at 2302 Columbus Avenue. Dave Wilbur, Sr. Zoning Administrator; and William C. Kreegar, Assistant City Attorney Mr. Stires stated this petition is for a special exception approval for an Automobile Filling ROLL CALL AND DECLARATION OF A Station. This property is located at the QUORUM: southeast corner of East 23rd Street and Columbus Avenue. Mr. Stires added people Mr. Smith called the meeting to order at 4:38 might remember it as Remnant World or a p.m. Ms. George took roll call and declared baseball card shop at one time. a quorum with three members in attendance. Mr. Williams and Mr. Rayford were absent Mr. Stires stated the petition was continued during roll call, but arrived at 4:39pm and from last month by the petitioner. They asked 4:40pm. for additional time to work out some issues, and those issues have been resolved. Now they Mr. Spencer performed the Invocation and the are before you seeking approval. Pledge of Allegiance. Mr. Stires stated the piece of property consists MINUTES: of four (4) lots, it is roughly a half acre. The property is zoned B-1 Local business. Mr. The May 7, 2008 minutes were approved as Stires stated the submitted site plan shows presented. Motion passed unanimously; 3 yes, the layout of the convenience store, gas island 0 no. and canopy. Mr. Stires added the proposed convenience store measuring 39 ft. by 84 ft. BUSINESS: by 19.5 ft. high and the proposed gas pump island and canopy will be 27 ft. by 95 ft. by PETITION #12-08 17.5 ft high. Submitted by Rickers, KT Sports LLC Mr. Stires stated the convenience store meets and Kenneth Kocinski for a Special all setback requirements. The gas island Exception for an Automobile Filling canopy cover does encroach on the 30 ft. Station setback for the B-1 zone class. Mr. Stires added the canopy sits at 23 ft., and it roughly 1 encroaches seven (7) ft. on both Columbus sidewalks do exist on both sides of East 23rd Avenue and East 23rd Street. Street and Columbus Avenue. Mr. Stires stated they have submitted a Mr. Stires stated the project will include modest landscaping plan. Mr. Stires added adding handicapped ramps at the driveway with the lot coverage, they are sitting at 81.5 cuts, to allow for handicap accessibility along percent with building and hard surface both streets. (parking and hard asphalt area). Landscaping or green space is 18.4 percent. Mr. Stires Mr. Stires stated the petitioner is requesting stated that in a B-1 zone class, the two (2) waivers from the Board’s Design requirement for green space is 25 percent. The Standards. They are the 5 ft. wide green strip petitioner is seeking a variance from the lot around the parking area and cross access to coverage requirement. the south. Mr. Stires stated for them to get the optimum turning radius for vehicles Mr. Stires stated on behalf of the petitioner, around the gas pumps, they require additional Staff has expressed some issues with the asphalt. Mr. Stires added that is why there is presented landscaping plan, possibly seeking not an additional 5 ft. green strip around some more plantings, and the petitioner has parts of this property. Keeping in mind if they agreed or relayed to Staff their plan is to are successful in getting this alley vacated, eventually ask for the vacation of the alley they will add more green space in the alley. that is running along the east side of the property. Mr. Stires added if they were Mr. Stires stated there would be wall signage successful in vacating the alley, they would on both the convenience store and the gas like to plant some evergreen species in that pump island canopy. Two (2) signs will be on space. Mr. Stires added if the petitioner is the store, one on the front (north) and another unsuccessful they have agreed to add more on the west side facing Columbus Avenue. Mr. plantings around the convenience store. Stires stated that both signs would say “Rickers” in red and blue and with a cup. On Mr. Stires stated the drainage plans have the canopy it will state the price for the gas on been presented to the City engineer’s office for the corners and the name brand on the edges. review. Mr. Stires stated they received a satisfactory Mr. Stires stated if the Board were so inclined lighting plan on file. They are calling for two to approve the petition, no permits would be (2) pole lights, one on the east and the other issued until they receive drainage clearance on the west side. Mr. Stires added there would from the City engineer’s office. be twelve (12) ceiling lights up inside the canopy and two (2) decorative lights above the Mr. Stires stated the proposed plan does show sign on the north side of the property. two (2) access points to this piece of property. There is an access point off of East 23rd Street Mr. Stires stated Staff is recommending and a second access point off of Columbus approval of this proposed special exception for Avenue. Mr. Stires added the wide access off a filling station, two (2) variances (front of East 23rd street at the present time would setback and lot coverage) and two (2) waivers be closed up somewhat with the addition of a (5 ft. wide green strip and cross access). Mr. sidewalk. Stires stated this proposed convenience store and gas pump island canopy does meet a Mr. Stires stated the submitted site plan majority of the Figure 9 Requirements for a shows nine (9) parking spaces 10 ft. by 18 ft. filling station project. Mr. Stires stated he in size along the front of the store. Mr. Stires feels like this is an upgrade of this corner of added a 10 ft. by 10 ft. dumpster enclosure this somewhat blighted area and is a plus for would be located off of the northeast corner of the City. Mr. Stires added bringing this gas the convenience store. Mr. Stires stated that station to this corner will bring a convenient service to this neighborhood. 2  you don’t have enough backing up room for Dick Donnelly, 1615 Broadway stated this the vehicles who are pulled in. store is going to be an all brick store and going to be of the same caliber or class as the Mrs. Klungness asked is it because of the Ricker’s Store on Dr. Martin Luther King Jr. vision or the canopy size? Blvd. on the point and West 53rd Street. Mr. Donnelly stated the store would have two (2) Mr. Donnelly stated it is the top of the canopy, doors instead of one (1), that is the only major not the poles or anything like that, and if they difference between the stores. Mr. Donnelly pulled it back then the cars at the pump added it would be as nice as any other store would be blocking people who come in and out. built in Anderson. Mr. Donnelly added it is the only way to fit this on and keep the traffic pattern the way it Mr. Donnelly stated the curb cuts and access needs to be. points meet all current driveway standards and obviously when you build something new, Mr. Williams asked why they wanted the you are not going to build something that waiver for the cross access? Mr. Williams doesn’t work, the layout works with all stated that is a big sticking point. contemporary design standards for a convenience store. Mr. Donnelly stated there Mr. Donnelly stated when you build the would be a row of pull up parking spaces building across the whole south end of the across the front of the building. There will be property there is no way to get a drive to the adequate room for the customers to back out south. Mr. Donnelly added right now there is and to get to the road as opposed to some of an alley to the east and there is cross access the stores that are on a confined site where currently to there through the alley. But to there is not enough backing and turning room. the south, the building according to the site Mr. Donnelly stated this is a major plan, occupies virtually that whole side with a investment in an area that they believe needs little bit of room on the southwest side of the investment. Mr. Donnelly added activity property. always helps areas and having people out with a lot of light and everything should be an Mr. Williams asked Mr. Kreegar who do they asset to the community. petition to close an alley off? Mr. Donnelly stated obviously there is very Mr. Kreegar answered the City Council. little residential use anywhere directly abutting this, to the south is a restaurant and Mr. Donnelly stated that would be later on if a bar, to the east a liquor store, across the they get the alley vacated, then the proposed street is the old Wicken’s Shoe Repair that site would have exactly 25 percent green has pollution problems, and diagonally across space. Mr. Donnelly stated the site plan the intersection is an old vacated station that drawn either way because you have to do one has pollution problems and to the north of this first then the other one and there is no reason property is an auction house. Mr. Donnelly to vacate the alley if they don’t get Board stated this would be the first major new approval. investment in the area and he believes it will be a real asset. Mr. Williams asked Mr. Donnelly they are not relying on the alley to add green space just in Mr. Williams stated anything sitting on that case you don’t get it? Mr. Donnelly stated no. corner would be an asset. Why can’t they meet that front yard setback? Mrs. Klungness asked why would you want the alley if the Board granted the variance, Mr. Donnelly answered the problem with the why would even want it for the green space site is that it is too small with the canopy. then? They could move the canopy back, but then 3 Mr. Donnelly stated because it would be a nice buffer to the area to the east. Mr. Donnelly stated the petitioner would be glad to work with any future development of Mr. Spencer asked Mr. Williams didn’t Mr. that property to do anything that minimizes Stires state if the petitioner did not vacate the the people having to drive on 23rd Street to get alley, they would add additional landscaping from one business to another. Mr. Donnelly around the building? Mr. Donnelly stated they added he would be glad to work with would add more vegetation. Mr. Spencer everybody on that and when they might do the asked why can’t they put that in the design vacation of the alley, maybe there is now? Mr. Donnelly answered they could, the something they could do there, but the petitioner was hoping that the amount of problem is being the first new investment in money they were spending on the landscaping the area. on the alley which would be significant amount based in order to make a visual Mr. Williams stated he always looks at how barrier. Mr. Donnelly stated they meet any of they can get cross access in. Mr. Williams the ordinance requirements, except for the added he knows that piece of land is small and actually square footage. Mr. Donnelly stated he doesn’t know what will happen in the they have some around the building, if the future, but he is saying that if you have a Board wants more, they can put more, but drive or some way out of there, it should be with the money they were spending on the coming out on 23rd Street. green space in the alley they would spread it around and compensate it. Mr. Donnelly stated they will work the property to the east, the property to the south Mr. Donnelly stated there is a liquor store is where they have to have the waiver for, building that is an older building with asphalt because if you look at the proposed building, it all around that property and the petitioner takes up the whole width of the lot. Mr. wanted to break up that whole visual. Donnelly added if they could be granted the waiver from the cross access on the south, Mr. Williams stated you would not have cross they will work on the east. access between the liquor and the filling station? Mr. Williams asked Mr. Kreegar can’t they come up with a covenant or something? Mr. Mr. Donnelly stated they do now, but when Kreegar stated just grant the waiver to the they vacate the alley, they would like to do south. away with it, because they don’t foresee any good coming from people driving from the Mr. Donnelly stated they would deal with the liquor store to a filling station or vise versa. one on the east as they move forward. Mrs. Klungness asked Mr. Kreegar lets say for Mr. Kreegar stated the one on the south isn’t example, that the liquor store does not stay feasible anyway. there because once the proposed filling station goes in, that property would become more Mr. Williams asked there are enough parking valuable, would you be willing to say in the spaces? Mr. Donnelly stated they exceed the future if the need arises that they would agree parking requirement for the City Ordinance, to a cross access with the neighboring and they believe there are enough parking property? spaces on the site and for the employees and the anticipated customers. Mr. Donnelly stated they would prefer not to have the cross access with the situation as it Mr. Williams stated there would be some is now. walk-up traffic across 23rd Street from the neighborhoods. Mrs. Klungness stated she could see how they couldn’t do it. 4 Mr. Donnelly stated there would be a lot of people who patronize the convenience store Mr. Donnelly stated the proposed building will part of it. be all brick and this would be a higher quality of any of the other Ricker convenience stores Mr. Spencer asked the canopy is really in town. important for the convenience of the customers, and for their comfort really, Mrs. Klungness stated that she does like to correct? frequent Rickers. One thing she requests, if possible, maybe that you are already doing Mr. Donnelly replied right, obviously nobody this, but where the cement curbs are they go wants to spend all that money on a structure so far up into the landscaping if it is like the if they would not have to, but in our world previous ones, that you have to walk behind today, nobody wants rain and snow to hit your car to get around, you can’t walk in front them while they are pumping gas. Mr. of your car like a side pedestrian area. Mrs. Donnelly stated that is why the canopy is a Klungness stated there is no sidewalk for you vital part of the development. to walk on. Mr. Smith stated he had a comment to make Jay Ricker, 62320 Fosters Branch Dr. about if the canopy were a building, it would Pendleton, stated it would have sidewalks be a different situation because you would they don’t do that anymore, just for that obstruct the vision and a safety hazard, but reason. Mrs. Klungness stated that could be with a canopy you see right through it. Mr. dangerous it was not corrected. Smith stated the only question is what is history of that site, what has been on it in the Mrs. Klungness asked about the south side of past? the store, will that be concrete all the way around the sidewalk area? Mr. Ricker stated Mr. Donnelly stated for the past twenty (20) that would be grass. years or longer the propeorty has been used as a carpet warehouse, it is a steel sided building Mrs. Klungness asked would there be doors on that was an outlet carpet facility. Mr. the backside of the property for deliveries or Donnelly added he could not remember the will your deliveries come in the front. Mr. gentleman’s name who owned it. Ricker answered they will come through the front. Mrs. Klungness stated Abe Miller was his name. Mrs. Klungness asked about the decorative lights would they be located on the back or Mr. Smith asked was there ever a service somewhere else? Mr. Ricker stated they would station on that corner? Mr. Donnelly stated be located above the sign. there is no pollution, they don’t know if it was a service station. Mr. Donnelly added on the Mrs. Klungness asked would there be a sign west side of Columbus Avenue there is a mess, on the back of the building? Mr. Ricker stated and it has not migrated this direction and Mr. that would be a good idea. Ricker doesn’t want to buy it or develop it. Mr. Donnelly stated they are pulling the Mr. Williams stated he would be tickled to proposed building back to the south closer to death if that corner gets developed because the restaurant so there would be more of an that is still one of the gateways into the City, open space. for people coming down Columbus Avenue. Mr. Williams added we need to make that Mr. Ricker stated as you go down the street, area look nice since we are having jobs come the visibility was real poor because you were in and we need to do all that we can to make almost on top of the corner by the time you get sure that we are very presentable to the by the restaurant. Mr. Ricker added that is a outside world here in Anderson. good suggestion and yes if they can, they will. 5  Avenue, it scared her that what going to be Donna Davis, 2213 Noble Street, stated her built on Columbus Avenue, and she didn’t problem is this is a very, very busy street want that to happen. Ms. Davis added she has Columbus Avenue. She has a very serious been reassured that it is going to be an up- problem with the curb cut off of Columbus scale beautiful building, but it looks really Avenue. Ms. Davis stated the entrance curb tight and she is so concerned about people cut will be so close to the light, she is pulling in and out. concerned about how many feet back the curb cut is actually from the light? Mr. Williams stated he agrees with Ms. Davis’ concerns, but if the customers are driving Mr. Williams stated it would be 50 ft. back south on Columbus Avenue, they should go to from the light. Mrs. Klungness stated it is the light and turn left onto 23rd Street. probably farther back than it is now. Ms. Davis stated she hopes they do turn onto Ms. Davis stated right now they do not have a 23rd Street, but she guarantees the Board that curb cut on Columbus Avenue. The curb cut they will hold up traffic. Mr. Williams stated for the previous property is located off of 23rd that Ms. Davis was probably right, but they Street. Ms. Davis added Madewell’s has a are out of curb cuts. curb cut off of Columbus Avenue right now closest to the property. Ms. Davis stated this is not the first new development in our neighborhood, we put 40 Mr. Donnelly stated yes the curb cut would be new homes in the area about 4 or 5 years ago. 50 ft. back from the light. Mr. Donnelly stated that Mr. Ricker wanted to Ms. Davis asked how many cars do you think make it clear that he didn’t build the Ricker’s will make it through the light before they hold on Central Avenue, he acquired it. Mr. all the traffic up, that is what her concern is? Donnelly added if you are familiar with the one on Dr. Martin Luther King Jr. Boulevard Mr. Williams asked do you think it will be a on the point, there is ample room to back up problem of turning in there and people while there are cars filling up with gas. This is backing up? about the same distance from the pump island to the front of the convenience store. Mr. Ms. Davis stated they are going to have a Donnelly stated that is the critical distance so problem driving down on south Columbus that people who pull they can actually get out Avenue turning in. Ms. Davis added when you without getting blocked in. are going through the light and then turning into the proposed station that will halt traffic Mr. Donnelly stated the Dr. Martin Luther when people are turning in. King Jr. Boulevard at Madison Avenue store is considerably tighter than this and you have Mr. Williams stated they should turn left at to park at an angle. At the proposed site on the light onto 23rd Street, instead of going Columbus Avenue there is room enough to down and cutting in off of Columbus Avenue. maneuver. Ms. Davis stated what they should do and Mr. Spencer asked Mr. Kreegar does the what they do, are two different things. Board need to have a covenant for the green space requirement if the alley is vacated or if Mr. Williams stated there is nothing they can it’s not, because they are saying if the alley is do to prevent people from turning in going vacated they are going to add green space if south on Columbus Avenue, with the curb cut. not then they are going to add green space around the building? Mr. Donnelly stated they Ms. Davis stated she is tickled that it is going would be glad to stipulate that they will add to be an up-scale building. Ms. Davis added if more plantings if they do not get the alley you have ever seen Ricker’s on Central vacated. 6  the lot size does not allow enough space Mr. Spencer asked is that a covenant? Mr. currently to strictly enforce this ordinance. Kreegar stated they could make a This petition #12B-08 however would be commitment in the form of a letter. subject to a commitment letter adding green plantings around the building if the alleyway Mr. Donnelly stated they would write a is not vacated, subject to the approval of the commitment letter subject to approval of the Planning Department. Mrs. Klungness Planning Staff. Mr. Kreegar stated they could seconded. Motion passed 5 yes, 0 no. do that. Mr. Spencer made the motion to approve Mr. Williams asked Mr. Donnelly if they Petition #12-08 based on the following would write a commitment letter? Mr. findings of facts. The proposed special Donnelly stated yes. exception is in a proper zone district. The requirements of Figure 9 have been met or Mr. Spencer made a motion to approve variances have been granted. The proposed Petition #12A-08. Based on the findings of special exception will serve a public need and fact. The approval of the proposed variance convenience because it will provide a needed would not be injurious to the public health, service to the community and provide safety, morals and general welfare of the employment. The proposed special exception community, because it will provide a needed will not permanently injure the appropriate economic activity to the community. The use of the surrounding properties because the approval of the proposed variance would not development will enhance and upgrade the adversely affect the surrounding properties neighborhood. The proposed special exception because it will provide products and services is consistent with the spirit, intent and to the neighborhood in a convenient way. The purpose of the zoning ordinance because it property is already a business and will be an will provide needed economic development to improvement to the existing structure. The the community which we need. Need to add strict application of the terms of the zoning two (2) waivers onto the motion for cross ordinance would result in practical difficulties access from the south side of the property and in the use of the property, if the proposed for a 5 ft. wide green strip. Mrs. Klungness variance were denied because the business seconded. Motion passed, 5 yes and 0 no. needs the canopy that is going to encroach into the front yard setback to provide PETITION #15-08 usability, comfort and convenience for the Submitted by Open Door / BMH Health customers who are going to want to utilize Center and Hollon Properties for a this business. Mr. Smith seconded. Motion Health Clinic located at 2525 East 10th passed, 5 yes and 0 no. Street (formerly American Weight Loss Mr. Spencer made a motion to approve Center.) Petition #12B-08 based on the following findings of fact. The approval of the proposed Mr. Stires stated they are seeking approval variance would not be injurious to the public for this special exception for a health clinic. health, safety, morals and general welfare of This property is tenant space located in the the community because it will provide a need long time Panorama Shopping Center, in the service to the community. The approval of the 2500 block of East 10th Street. The petitioners proposed variance would not adversely affect are seeking approval for a special exception the surrounding properties because it will for a 38 ft. by 50 ft. tenant space for a family actually enhance and upgrade the area. The planning clinic. The name of this clinic will be strict application of the terms of the zoning known as Open Door Family Planning Clinic. ordinance would result in practical difficulties This proposed 1900 sq. ft. clinic will front in the use of the property, if the proposed towards East 10th Street. This proposed variance were denied because the community shopping center is well lit and it does have needs this economic activity in the area and eight (8) to nine (9) exterior pole lights around the sides of the property. It does include a 133 7 space parking lot on the north and west sides week, on Tuesdays and Thursdays. Mr. Stires of the building. The proposed site plan does added the petitioner has indicated they may show directly in front of the tenant space add more days later, but starting up just two there is anywhere from 12 to 14 available (2) days a week. spaces. Mr. Stires stated the petitioner has indicated Mr. Stires stated the parking requirements for they will be meeting with anywhere from 30 to a clinic is one space for every two employees 35 patients each workday. and three spaces per doctor. The clinic will have anywhere from 2 to 4 employees at a Mr. Stires stated the range of services for this time, and be open an average of 2 days a family planning clinic include giving family week. Mr. Stires stated there is no doctor on planning consultations, testing for sexually site, so they are proposing 12 to 14 spaces and transmitted disease, contraceptives, education are only required 8 to 9 spaces. They do have and related services. Mr. Stires emphasized plenty of parking available for staff and this clinic will not order, provide or clients. recommend abortion services. Mr. Stires added many of the services are provided for Mr. Stires stated the proposed site does show patients at little or no cost based on ability to two access points that are pre-existing, which pay. are to the east and the west. The Figure 9 Requirements only call for one access point, Mr. Stires stated Staff is recommending since this is a pre-existing area, we are not approval of this special exception for this asking them to close one of the drives. Mr. family planning clinic because it meets all Stires added there are 6 or 7 possible tenants applicable Figure 9 and setback requirements. in this shopping center and the two driveway Mr. Stires stated the proposed clinic will also cuts have worked well for a number of years. allow the petitioner to continue serving their clientele and to provide needed services as it Mr. Stires stated the Figure 9 Requirements has from other locations throughout the years. also calls for screen planting where abutting a residential use. Again, the shopping center is Dale Marion, 227 N. Pleasant View Dr., New a pre-existing use and the proposed family Castle, stated they had been based at a site planning clinic is to be located in the center of already in Anderson, on West 19th Street for the shopping center. Mr. Stires added Staff several years, and are wanting to move to a does not feel the screen planting requirement new location. They moved to this site back in is applicable, because the clinic is located in December, no realizing they needed to get an the middle of the shopping center. exception for this location. Mr. Marion stated they have been up and running since Mr. Stires stated there would be no new green December and worked with a local realtor and space being proposed for this development. the realtor didn’t realize that they needed an Mr. Stires added there is plenty of grass area exception. across the front of the building along the sides and sidewalks to the front. Mr. Williams asked they are seeing patients on Tuesday and Thursdays, is there a length Mr. Stires stated one new wall sign is being of time that the patients visit? proposed for this proposed clinic. It will be 3 ft. by 6 ft. by 12 ft. high and it will be located Mr. Marion stated generally probably 10 or 15 on the front façade of their entrance. Mr. minutes is an average visit, and 30 to 35 Stires stated the sign will state Open Door patients would be the highest number seen on Family Planning and it meets all sign an daily basis. The clinic usually sees about 25 requirements from the ordinance. patients during a day. Mr. Marion added he wanted to be on the high side when giving an Mr. Stires stated the hours of operation estimate. initially would be open about 16 hours per 8 Mr. Williams asked there is a sliding fee? come to the center, the services they provide are prostate screenings and sexually Mr. Marion answered yes, there is a sliding transmitted disease exams. fee, and the fee can go all the way down to free. Mr. Williams asked if they would write prescriptions? Ms. Estep answered yes. Mr. Williams asked do you retain the same people coming in? Mr. Marion stated there is a Mr. Smith added he is unfamiliar with what good number of repeat of patients. all the family planning terms involve. Mr. Stires asked would these patients come by Ms. Estep stated they provide pregnancy appointment or are they referred to this testing, so they have women that are planning service? Mr. Marion answered they have to have a family and they take the test and if appointments, and walk-ins. they are pregnant, refer them to the Madison County Community Health Center, the Mr. Williams asked if they encourage walk-ins majority of the time. Ms. Estep stated they are and is there any referrals through you for helping a woman plan her family however somebody else? Mr. Marion stated yes, they they desire, whether they want to wait or if encourage walk-ins, and there can be referrals they are planning children now. since they work closely with the Madison County Health Center, and have an Mr. Smith asked you could consult with them agreement with them, and in many cases they before they start their families? Ms. Estep would refer patients to the family planning answered definitely. services. Mrs. Klungness asked is there a need for your Mr. Smith asked for a more elaborate services in our community? explanation of the services they render. Ms. Estep answered definitely, there is a huge Toni Estep, CEO of Open Door/ BMH Health problem with teenage pregnancy, and what Center, 500 S. Buckingham, Yorktown, stated happens with teenage pregnancies, it actually the facility just provides family planning hurts all of us because when a teenager comes services. That is why they have the in and she is pregnant and she goes in and cooperative agreement with the Madison delivers without having any care, and with County Community Health Center. Ms. Estep unwanted pregnancies, they give birth to a added they send patients over that need baby with problems which stays in the family planning services and if we find a hospital longer and if they don’t have health patient needs primary medical care or dental care, there are more problems. Ms. Estep services, we send them over to their center, so states they are helping to not have those we are not duplicating services. unwanted pregnancies. Ms. Estep stated they have a nurse Mrs. Klungness asked is there another facility practitioner on site that sees patients and that offers these services? Ms. Estep stated does annual exams, she specializes in women’s Planned Parenthood. health and she will perform pap smears and breast exams and provides educational Mrs. Klungness asked are you well prepared materials about family planning services. or do you do any drug screening as far as drug Ms. Estep added if a woman desires related pregnant women? What about in the contraceptives, then they would prescribe future? them for her. Ms. Estep stated they would refer them to the Ms. Estep stated they do have men that come either the Mental Health Services in Madison to the center, but mostly women visit the site. County or the Madison County Community Ms. Estep added the few number of men that Health Center. 9  matter to Mr. Spencer in relation to zoning Mrs. Klungness stated she is familiar with ordinances. other Open Door out of Muncie that was for housing, are you affiliated? Ms. Estep stated Ms. Estep stated that she agreed with that they use to be affiliated, she use to work for comment, but she wanted to make sure that them and they broke apart mainly because people understood that was not one of the they were expanding there health services and services provided. they thought it was better for us to break apart from the housing side. Ms. Estep added Mr. Smith made a motion to approve Petition she did supervise that program at one time. #15-08 based on the following findings of fact. The proposed special exception is in a proper Mrs. Klungness asked if their funding is zone district. The requirements of Figure 9 generated through federal funds? Ms. Estep have been met or variances granted. The stated yes through federal and state funds. proposed special exception will serve a public need and convenience because there is not a Mrs. Klungness asked is the location you facility on this side of town that provides this chose was it for a general location and easy service, and will the entire city, and public. access? The proposed special exception will not permanently injure the appropriate use of the Ms. Estep stated the location where it was at surrounding properties because the business is convenient to the client population that will occupy an existing room in an existing they were currently serving. Ms. Estep stated building at the Panorama Shopping Center the previous location at 215 W. 19th Street, and there will be no exterior changes. The they had outgrown it, over the years, plus it proposed special exception is consistent with needed some work and the rent was awfully the spirit, intent and purpose of the zoning high. Ms. Estep added they are subsidized ordinance because it meets all the zoning through grants, since they offer free health requirements. Mr. Spencer seconded. Motion care, they needed to find a location that better passed 5 yes, 0 no. suited their needs. PETITION #17-08 Mr. Rayford asked what is your policy on Submitted by Hoosier Park LLC for a underage teenagers that are scared they may Special Exception for a Casino Sign. try and come to your facility without their parent’s consent? PETITION #17A-08 Ms. Estep stated they are a Title 10 clinic, Submitted by Hoosier Park LLC for a which is part of the federal mandate, because Variance from the 50 ft. Front Yard of that they are required by law, that they do Setback Requirement located in the 1800 accept teenagers underage without parental block of East 64th Street on the north side. consent. They are the only health service that have to abide by that. Ms. Estep added it Mr. Stires stated this property is located in helps to get the teens in for the services where the 1800 block of East 64th Street extended. they may not do so if they had to bring a This is directly west or behind or abutting the parent. They do encourage them to talk to Quality Inn and Suites. Mr. Stires added that their parents when they are doing the the petitioner and owner of the property counseling. (Hoosier Park) recently purchased the acreage with the intent of placing a large Racetrack Mr. Spencer stated he wanted to make a Casino Sign on the property along Interstate comment, regarding a point you’ve 69 to attract potential casino customers to emphasized that you are not going to order, Hoosier Park. provide or recommend abortion services, whether you do or do not, it doesn’t seem to Mr. Stires stated recently the City Council passed a new ordinance which allows the 10 petitioner two off-premise racetrack casino proposed landscaping meets the ordinance signs provided they obtain special exception requirement for landscape buffering. Mr. approval from the Board of Zoning Appeals, Stires stated according to the staff report he and that is why they are here. said a covenant is on file, but that did not come through as he has thought, and he would Mr. Stires stated the site plan shows the 25.5 let the petitioner explain. Mr. Stires stated ft. by 30 ft. by 70 ft. high casino sign will be that if this petition is approved they will file a constructed in the northeast corner of the covenant in the future and prior to any property. Mr. Stires added the 644 sq. ft. sign permits being issued for this proposed sign. states Hoosier Park Racing Casino and will include a 9 ft. by 16 ft. full color readerbaord. Mr. Stires stated Staff is recommending The entire sign is well below the maximum approval of this proposed special exception for 1800 sq. ft. sign face allowed by the City’s the racetrack casino sign and the variance ordinance. Mr. Stires added the 70 ft. height from the 50 ft. setback, because the placement of the sign is well within the maximum 80 ft. of the casino sign will provide an Interstate 69 sign height allowance by the ordinance. The presence and the needed visibility for the placement of the sign also meets and exceeds Hoosier Park casino facility. Mr. Stires added the ordinance requirement of a 500 ft. the proposed sign should not interfere with separation for any residential zone, school, any of the surrounding businesses being church or institution of human care. Mr. Quality Inn and Ryan’s Steakhouse. Mr. Stires stated the sign did recieve approval Stires stated the fact that the sign will be here from INDOT (Indiana Department of attracting customers off the interstate onto Transportation) on May 9, 2008. Exit 26, we should see an increase in the use of out gas stations, motels, retail shops and Mr. Stires stated the site plan shows the restaurants. proposed casino sign will have a setback of 23 ft. from the north property line. Mr. Widing stated he wanted to make a statement about the reason why he asked Mr. Mrs. Klungness asked what is the front yard Stires to support the variance on the setback on this piece of property and asked what are is in theory this is on the exit ramp, and it is you considering the front, the interstate? not on the interstate itself. Technically the sign is further back from the interstate itself. Mr. Stires stated the piece of property has two (2) front yards, one as it fronts the interstate Mrs. Klungness asked the 50 ft. requirement and the other if East 64th Street were is from the front setback for a lot? extended out further. Mr. Widing stated yes, that is part of the Mrs. Klungness asked the variance is for the ordinance. setback off of the interstate? Dick Donnelly, 1615 Broadway, stated from Mr. Stires answered yes, off of the interstate. the standpoint of the sign guys and himself looking it over, it was a 50 ft. setback from Mr. Stires stated the ordinance requires a 50 64th Street. We did not even think about ft. setback, and Hoosier Park wanted to Interstate 69 being a front yard. Mr. Donnelly maximize their visibility along the interstate stated Mr. Widing, Staff and City Council as much as possible, so they are asking for a gave them plenty of time and input into the variance to encroach on the required 50 ft. ordinance, and if they would of figured it out setback. ahead of time, they would of asked the front yard setback be 22 ft. Mr. Stires stated they have a satisfactory landscaping plan, with a lot of shrubbery and Mr. Williams asked if you had to go back 50 ft. ornamental grass planted 10 ft. wide around from the interstate, would that be a traffic the base of the sign. Mr. Stires added the 11 hazard with people looking so far over to the Mr. Donnelly stated this ordinance was south opposed to the 23 ft. at the interstate? written specifically for the casino sign, no one else can meet the requirements unless they Rick Moore, 4500 Dan Patch Circle, answered are a casino. Mr. Donnelly stated the Amoco your eyes are going to want to wander more to and Cracker Barrel are significantly taller the right, you are going to stay more direct than this sign. Mr. Donnelly added this sign with it being only the 23 ft. offset. would not dominate the skyline. Mr. Williams stated it looks like a safety Mr. Kreegar stated with the change in the concern by it being there honestly. Do you own ordinance, this sign is in a classification all on all of that acreage or property? Do you have its own, so you don’t have to worry about the anything marking where the sign will be at? precedent part of it. Mr. Donnelly stated there have been red Mr. Donnelly stated it is a special exception if markings where the sign will be placed at, but this use is permitted as long as the findings of we have been involved with this process for so fact are filled out. Mrs. Klungness asked why long, the markings are now green. are we having this special exception? Mr. Moore stated that property is a little less Mr. Widing stated because it is part of the than three (3) acres. ordinance. Mr. Williams asked Mr. Moore would the sign Mr. Kreegar stated because it allows adjacent be a benefit for the casino? Mr. Moore landowners to come in a voice any objections answered yes, it would be the type of sign that they might have to the sign. It allows for a would be located at a destination saying you public hearing. Mr. Kreegar added no one have arrived. Mr. Moore added it is nice that could have a sign like this. Anderson is a destination spot. Mr. Widing stated the legislation is Mr. Williams stated his main concern was the specifically written for a racetrack casino sign. shrubbery, will they keep it low? Mr. Moore Mr. Widing added when they received stated the shrubbery will be very tasteful and approval from INDOT, INDOT stated that you will be very proud of what you are going they could not have any flashing, moving, to see. blinking lights on this sign whatsoever. Mr. Williams asked the access road will be Mr. Williams stated he wished the sign had shared with the Quality Inn and you will be all of that because it is Anderson and we want able to come and maintain the sign? Mr. people to get here, we didn’t build a casino for Moore stated yes, no problem at all. people to go by. Mr. Williams added he was glad that the casino was built so people could Mrs. Klungness stated destination is the come to it, not miss it, so if that sign could operative word here in this regard, because have blinking lights he is for it. she has concerns about the precedent a sign of this magnitude is going to set. Thank Mr. Smith stated he would like to further goodness the Council made that ordinance. justify you decreasing the building distance, Mrs. Klungness stated to establish the because if you were to extend the right-of-way findings of fact, this sign would be like on each side of the interchange, across advertising a place of destination, such as visibility on the map, if would be further than Kings Island or a casino, even though a motel 50 ft. anyway, so that justifies what you did. may also be a destination, could they come up with the same argument and seek to have a Mr. Smith stated he had a hard time locating larger sign? where the sign is going to be out there. Mr. Smith asked where is it going to be located from the present hotel sign? 12  the sign has been moved back on the property Mr. Widing stated 100 ft. further west of the as far as possible, so it would not be injurious Quality Inn sign. to this particular area. The strict application of the terms of the zoning ordinance would Mr. Moore stated they wanted to create a result in practical difficulties in the use of the mindset that you came to a first class facility, property, if the proposed variance were denied first class sign and this is what you are to because it was purchased for this expect when you get to the facility. informational sign. Mrs. Klungness stated council has made changes to the ordinance so Mr. Smith stated anyone passing through the sign would be located at the furthest from any other state or something, then they corner it can be. Based on those findings, Mrs. will remember where that (sign) is. Klungness made a motion to approve Petition #17A-08. Mr. Smith seconded. Motion passed Mr. Moore agreed with Mr. Smith and added 5 yes, 0 no. that was a great point. Mrs. Klungness made the motion to approve Mr. Stires stated he wanted to acknowledge Petition #17-08 based on the following the fact that he did receive a letter from a findings of fact. The proposed special property owner Robert C. Thompson, 10290 exception is in the proper zone district. The Summerlin Way, Fishers, to the Board of the requirements of Figure 9 have been met. The Zoning Appeals in regards to the casino sign proposed special exception will serve a public at 6225 South Scatterfield Rd. Mr. Stires need and convenience because it will provide stated Mr. Thompson’s main concern is with direction as to if you are looking for it and his property to the south. He wanted to make promoting the location and the use of it. The sure that this sign is as far away from his proposed special exception will not injure the property, so it doesn’t cause a visibility issue appropriate use of the surrounding properties with a potential development that might go on because it is a commercial area, and it has his property. Mr. Stires added Mr. Thompson met the Figure 9 requirements. The proposed just wanted the sign as far away from his special exception is consistent with the spirit, property lines as possible. Mr. Stires stated intent and purpose of the zoning ordinance that he thinks they have accomplished that by because it is promoting a new industry in the putting it way up here in the northeast corner area. Also, this is a destination type of of the property. Mr. Stires stated that Mr. business and we want to make sure all of Thompson just wanted to make sure that it is those who are looking for this, can access the as far away as possible from his property and racetrack and casino easily. Based on those that he doesn’t object to the sign. findings, Mrs. Klungness made a motion to approve Petition #17-08. Mrs., Klungness made a motion to approve Petition #17A-08 based on the following Mr. Donnelly asked Mrs. Klungness to add a findings of fact. The approval of the proposed sentence that no permits will issued until they variance would not be injurious to the public file a covenant to maintain the green space as health, safety, morals and general welfare of approved by Mr. Kreegar the community, because this is a sign in a commercial area and there are no other Mrs. Klungness stated so heard. buildings there and it is an informational sign to promote the casino and racetrack. The Mr. Donnelly stated they haven’t had the time approval of the proposed variance would not to complete the covenant and have it approved adversely affect the surrounding properties by their legal staff and Mr. Kreegar hasn’t because the setback is based on a 50 ft. had the chance to look at it yet also. Mr. requirement, however whether or not meeting Smith seconded. Motion passed 5 yes, 0 no. the setbacks is on a exit ramp coming off the interstate. Mrs. Klungness stated it is not affecting the main flow of the interstate, and 13 PETITION #18-08 (4) more green areas. We would, if you should Submitted by Vipul Modi and M3 Hotels approve this proposed lot coverage variance, LLC for a Variance from the Lot require him to file a covenant with us, stating Coverage Requirement located at 5920 a specific time or deadline of when the green space will be installed. Mr. Stires stated this South Scatterfield Road (Clarion Inn covenant should be coupled with whether or formerly Holiday Inn.) not we allow him to precede with final platting of his two-lot plat. Mr. Stires stated Mr. Stires stated this property is located at he talked with Mr. Kreegar about the 5920 South Scatterfield Road, it is now the covenant. Clarion Inn and formerly the Holiday Inn. Mr. Stires stated the owner Mr. Modi is in the Mr. Stires stated they have gone through with process of subdividing his property through the primary plat which was approved and now the Plan Commission into two (2) lots. Mr. we have the second step of getting the final Stires added basically they are creating a lot plat. Mr. Stires added he would like to have that the motel sits on (Clarion Inn) and he some guarantee that we will have some follow would like to sever the rear part of this through by Mr. Modi and that the green space property to make another lot. will be installed by a deadline before his final plat is heard. Mr. Stires stated the overall site is a little over seven (7) acres and the motel sits on Steve Servies, 1940 E. 53rd Street, stated his 5.245 acres. The other two (2) acres are all understanding was back when the original green space, so Mr. Modi is losing a large owners owned this site, they kept this area amount of green space. Mr. Stires added as green for a possible expansion, which never the lot sat before the platting started, he was happened. What they have done with the up near 40 percent green space. Now he is proposed Lot #2, is picked the size of the lot subdividing, or platting off the rear property based on what a hotel would need for a lot, possibly for another hotel venture, by himself and still have adequate green space for their or another developer. Mr. Stires stated the own use. platting has greatly reduced his green space down to 16 percent. Mr. Williams asked how big of a hotel could they put back there on that space and have Mr. Stires stated he notified Mr. Modi if he any green space at all? Mr. Serves answered it were to go through with this, he would drop would be pretty comparable to a lot of hotels below the 25 percent green space requirement. down 59th Street. It is a long north-south lot. Mr. Modi said he was aware of it and Mr. Stires stated he would have to seek a variance Mrs. Klungness asked how much green space and try to boost his green space. Mr. Stires would you need on Lot #2, would you meet the stated he has made a gallant effort to boost requirement on that lot? Mr. Serves stated that green space by eliminating some of the they would have in excess of 25 percent. asphalt parking in four (4) large areas of the existing parking lot and turn them into green Mr. Servies stated he has worked with Mr. space. Mr. Stires added by converting the Widing and Mr. Stires to try and get areas areas into green space, it would boost their where the green space that is not all hidden calculations from 16 percent to 20 percent. back behind the building. They did pick the Mr. Stires stated he will still fall short by 5 areas out front that are not most utilized and percent below the required green space picked those areas to put the new green space. requirement and that is why he is seeking a Mr. Servies stated he agreed with Mr. Widing variance from the Lot Coverage Requirement. and Mr. Stires that a covenant should be filed to insure they do install the green space. Mr. Mr. Stires stated in conjunction with this, Servies stated that Mr. Modi stated to him and the fact that Mr. Modi is going through that if approved he planed to start by the end the platting process, also to insure he does of the month, putting the green space in. come through with his promise of adding four 14  Mr. Williams asked by a motion? Mr. Kreegar Mr. Williams asked do we need a letter on answered yes into the motion, approving the that? variance. Mr. Kreegar stated he needs to require that Mrs. Klungness asked the covenant needs to they submit a covenant to the effect that be stated in the motion? Mrs. Klungness before the final plat is approved that all green stated it has to be submitted and approved by space would be put into the site. the Planning Department and recorded prior to the approval of the final plat. Mr. Widing stated so it would be recorded onto the real estate. Mr. Spencer asked when you created the additional green space areas, did you create Mrs. Klungness stated so until the covenant is those based on what could best be taken away approved by the Planning Department? as parking space and made into green space or Mr. Stires stated Mr. Modi is slated to go did you shoot specifically for 20 percent? before the Plan Commission on June 24, for his secondary plat. Mr. Servies stated the first thing they did, they looked at the areas out front and thought Mr. Williams stated what could they do then? that would be the best area to put in the green Mr. Kreegar stated they could hold the plat to space since it is visible, then they calculated be recorded if you want to do that. Is there a where they were at. Mr. Serves stated with hotel ready to be put on this lot? just the front they still did make the 20 percent green space, so they looked at the Mr. Servies stated not that he is aware of. back to add more area to get to at least 20 percent. Mr. Widing stated he is not aware of that either. Mr. Widing added they are only Mr. Widing stated they made a suggestion to concerned if they move forward with the try and break up the sea of asphalt up in the secondary plat and don’t have something front. recorded, to make the green space happen, later on if the property gets sold, since they Mr. Spencer stated that made sense because have heard this motel is for sale, somebody those parking spaces are already split by else may not put it in. paint now. Mrs. Klungness asked could we say it needs to Mr. Stires stated Staff’s standpoint was if they be put in by the end of July, before any could get to the 20 percent figure, we felt like permits could be issued? Mr. Kreegar stated that would be able to go before you for possible the permits are not the controlling issue. consideration. Mr. Widing stated he thinks the covenant Mr. Widing stated typically we don’t like to should be put into place and recorded before get below 17 percent. we move forward with a secondary plat. Mr. Spencer stated the ordinance states 25 Mr. Kreegar asked what time period do you percent minimum. want on the green space? Mr. Widing stated the bigger the development Mr. Widing stated they need to have the the more we can work with the development covenant recorded prior to the secondary plat on that, since 17 percent of 20 acres of being heard by the Plan Commission. Mr. development is a whole lot different than 25 Kreegar emphasized that is a requirement percent of a 2 acre development. that this body will need to make. 15 Mr. Servies stated there is a lot of green space Mr. Spencer stated he is struggling with when out along 59th Street, but it falls in the City’s you divide the property that meets the right-of-way. requirement, now you don’t meet the requirement and you want an exception that Mr. Widing stated they are dedicating seems a little odd to him. additional right-of-way Mr. Widing stated it is hard to make one Mr. Spencer asked is that existing green space standard fit all developments. now? Mr. Serves stated that is some of the area that is green space now. Mr. Spencer stated what they have added, as he looked at the site, is exactly what he would Mrs. Klungness asked what would the green have added. Mr. Spencer added he feels good space calculation be for other hotels around about that. this one? Are they all meeting the 25 percent green space requirement? Mr. Williams asked no developer has come forward on that? Mr. Servies stated not to his Mr. Widing stated they did not research that knowledge. for this meeting. Mr. Stires added economic development-wise, Mr. Williams asked if this could easily be Indianapolis has the Superbowl coming in instead of a hotel, an entertainment center 2012 and we’ve opened up a new casino, so type building put in that lot, like the former there is a need for more hotel rooms. Lee’s Theater on 53rd Street? Mr. Kreegar stated possibly. Mrs. Klungness made a motion to approve Petition #18-08 based on the following Mrs. Klungness asked the additional ground findings of fact. The approval of the proposed you are dedicating to the right-of-way where variance would not be injurious to the public would that be? Mr. Servies stated on the north health, safety, moral and general welfare of side of the property on 59th Street, to allow for the community because additional green space possible expansion for that street. is purposed to be added in the parking lot, getting them closer to meeting the Mr. Widing stated the long-range plan is to requirement, and they are dedicating connect Enterprise Drive over from Dr. additional right-of-way on the north side for Martin Luther King Jr. Boulevard to 59th possible expansion of East 59th Street. The Street, and connect with Virgil Cook approval of the proposed variance would not Boulevard to the west that will also be adversely affect the surrounding properties connected to 59th Street. Mr. Widing stated because the petitioner is subdividing his that is part of the thoroughfare plan, and that property and all the green space he had for is why an additional taking of the right-of- this particular property is to the rear where it way. was not an enhancement. Mrs. Klungness added because of the changes she will be Mr. Spencer asked did you consider any other making the approvals contingent on, making areas for green space? Mr. Servies stated it aesthetically more pleasing and visibility there were already some areas that were nicer for those driving in or passed the existing green space on the sides. business. The strict application of the terms of the zoning ordinance would result in practical Mr. Spencer stated did you consider “well if difficulties in the use of the property, if the you don’t get this approved we can add this proposed variance were denied because he is area as green space.” Mr. Servies stated since taking some current hard surface parking they had a conversation with Mr. Widing areas and turning them into green space. The about trying to hit the 40 percent. petitioner did dedicate additional land to the north for right-of-way. Mrs. Klungness moved to approve the petition contingent that the 16 petitioner provide a covenant that will be approved by the Planning Department committing to the additional green space that was proposed tonight, and be completed within 60 days. The covenant needs to be approved and recorded before the approval of the plat is done. Mr. Rayford seconded. Motion passed, 5 yes, 0 no. Meeting adjourned at 6:21pm BY: ______________________________ Rudy Williams, Chairperson ATTEST: ___________________________ Stephanie George, Board Secretary 17