Planning and Zoning Commission

City of Evanston Planning & Zoning Commission Board of Adjustment 1200 Main Street, Evanston, Wyoming 82930 Phone: (307) 783-6470 Fax: (307) 783-6490 Email: jcampbell@evanstonwy.org Web: www.evanstonwy.org Planning and Zoning Commission Meeting Minutes January 9, 2017 6:00 p.m.-City Hall Commissioners Present: Maryl Thompson, Chairperson Heath Beaudry Kimberly Begalla Robert N. Smith Rowdy Dean Staff Present: Dennis Boal, City Attorney DuWayne Jacobsen, Associate Planner Janel Campbell, Administrative Assistant Chairperson Thompson called the meeting to order at 6:00 p.m. Chairperson Thompson asked for a motion to approve the agenda for the January 9, 2017 meeting. A motion was made by Commissioner Smith, seconded by Commissioner Beaudry. Motion carried. Chairperson Thompson asked for a motion to approve the minutes from the December 5, 2016 meeting of the Planning Commission. A motion was made by Commissioner Begalla, seconded by Commissioner Smith. Motion carried. Chairperson Thompson proceeded to new business. Attorney Boal opened the public hearing with docket CP 17-01, a request by Wyoming Horse Racing, LLC for a Conditional Use Permit to allow an indoor entertainment use (off-track pari-mutuel wagering) for Porter’s TNT Fireworks property located at 755 Prospector Drive, Evanston, WY 82930, which is zoned Highway Business-Established (HB-E). (Section 24-15 B. (20)) Attorney Boal explained the legalities of the hearing stating that the applicant(s) would be heard from first, followed by those who were in favor of the applicant(s), and finally, from those who were opposed. He explained that this public hearing was a contested case hearing and that anyone who wished to contest the Commission’s decision must make it known to him at the closing of the hearing. Appeals of the Planning Commission may be conducted by the City Council pursuant to the provisions of the Evanston City Code which set forth procedure and timeline. Mr. Eugene Joyce, whose mailing address is 130 Fox point Loop, was sworn in. Mr. Joyce, who owns and operates Wyoming Horse Racing, LLC, wants to partner with Porter’s TNT Fireworks. Mr. Joyce would like to remodel the northeast interior portion of the building currently used for retail liquor sales to include off-track pari-mutuel wagering. He is proposing to install approximately 20 to 25 machines which offer wagering on historic races. A lounge for serving alcoholic beverages is also proposed. The existing liquor store and fireworks retail sales use areas will be relocated toward the west portion of the building as part of the remodel plans. Attorney Boal questioned if Mr. Joyce was going to continue operating the off-track betting (OTB) business at the Legal Tender until they were able to open at the new location. He also questioned if the OTB business would be exclusive to Porter’s location. Mr. Joyce stated that moving the business would be a few months out. He would continue to operate the OTB at the Legal Tender until the remodel is complete. Chairperson Thompson asked Mr. Joyce if the only access to the liquor store was through the pari-mutuel area of the building. Mr. Joyce stated that there will be two access locations to the liquor store, a front entrance to the liquor store and an entrance from the pari-mutuel side. Chairperson Thompson asked if alcoholic beverages would be served in the pari-mutuel wagering area. Mr. Porter stated alcohol will be served in the pari-mutuel area, and you must be 21 to enter the pari-mutuel area as well as the liquor store. Chairperson Thompson referred to the definition of gaming in Wyoming State Statutes and questioned why the OTB was considered indoor entertainment instead of gaming as listed in Section 24-15 B., Schedule of Land Uses of the Evanston City Code. Mr. Paul Knopf, former City Planner and representative of the applicant, stated that pari- mutuel wagering is not considered gaming under Wyoming State Statutes. In 1989, Ladbroke Racing was first to be approved for an OTB business in Evanston. The OTB business was considered to be an indoor entertainment use. Subsequent requests for OTBs have been reviewed as an indoor entertainment use. Mr. Joyce stated that House Bill 25, which allowed for wagering on “historic” pari-mutuel events through the use of electronic systems or devices, was passed in 2013. Pari- mutuel wagering is addressed separately in Wyoming Statutes and is excluded from statutes which address gaming. Attorney Boal informed the Commission that an OTB business is a legal activity which can be conducted in the State of Wyoming. It is a form of entertainment. With no further questions for the applicant, Attorney Boal asked if anyone would like to speak in favor of or opposed to the application. With no one to speak either in favor of or opposed to the application, Attorney Boal asked if the Commission had any questions for anyone. Commissioner Begalla questioned what is “historic” racing. Mr. Joyce stated that it is the Pari-Mutuel industry’s answer to attract customers that like electronic games. The terminals are server based. Once you put in your money, the server randomly chooses 3 races out of 100,000 plus races which have already occurred. Customers are presented with the winning percentages of the horses, the jockeys, the trainers, and the post positions. The terminals do not provide the names of the horses, the jockeys, or the location of the race. Therefore, there is some skill and judgement involved in picking the horses and not just based on chance. This is why OTBs fall under pari-mutuel statutes rather than gaming statutes. With no further questions for the applicant, Attorney Boal closed the hearing. Chairperson Thompson asked for a motion to approve CP 17-01. Commissioner Smith made a motion to approve CP 17-01 with staff recommendations, seconded by Commissioner Begalla. Chairperson Thompson asked for discussion. Commissioner Smith commented that he is excited to see the applicant’s proposal. Porter’s Fireworks has been a longtime business in Evanston. His friends and family are excited to see this happen. With no further discussion, Chairperson Thompson called for a vote. The Motion Carried Unanimously. Under other business, Chairperson Thompson stated that she received a letter of interest from Michael Day to serve on the Commission. She has given a copy of the letter to Nancy Stevenson, City Clerk, to be forwarded to the Mayor for consideration. Chairperson Thompson also stated that three Commissioner positions will expire January, 2017. She has been contacted by Commissioner Smith, Commissioner Dean and Commissioner Beaudry. They all expressed a desire to continue to serve on the Planning Commission/Board of Adjustment. She believes that the Mayor will reappoint all three Commission/Board members. Chairperson Thompson reviewed future meeting dates, which are February 6, March 6 and April 3. Mr. Jacobsen stated that the Planning Department has not received any applications for the February meeting. As such, there will not be a Planning Commission meeting in February. With no further business, the meeting was adjourned at 6:20 p.m.