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HomeMy WebLinkAboutDepartment Report 02-22-2110 of 17 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT MONDAY, FEBRUARY 22, 2021 (UV, DSV) The GOAT Restaurant and Tavern. The applicant seeks the following use variance and development standards variance approvals: 10. Docket No. PZ-2020-00229 UV UDO Sections 3.56 and 2.09 Permitted Uses, Use Variance requested for a Restaurant/Tavern/Bar. 11. Docket No. PZ-2020-00230 V UDO Section 3.64.A.1.C Lot Cover Max. 45% (for residential use) and 70% (for all other uses) allowed, 100% requested. 12. Docket No. PZ-2020-00233V UDO Sections 3.64.A.6 and 5.09 Side/rear yard fence height exceeding 6-ft, 8-ft requested. 13. Docket No. PZ-2020-00234 V UDO Section 3.64.A.9.a Parking in front yard not allowed, Parking in front yard requested. 14. Docket No. PZ-2020-00235 V UDO Section 3.65.A.3.a Little to no grass and landscaping requested. 15. Docket No. PZ-2020-00237 V UDO Section 3.64.A.6 Lighting Type & Height. 16. Docket No. PZ-2020-00238 V UDO Section 1.07.E & F Compliance with the Transportation Plan required, Reduced street width and no sidewalk requested. 17. Docket No. PZ-2020-00240 V UDO Sections 3.64.A.9.c & 5.30 35 vehicle parking spaces required, 6 provided on site. 18. Docket No. PZ-2020-00242 V UDO Section 5.39.H.5 Ground sign type prohibited on residential structures converted to commercial use, 2 proposed. 19. Docket No. PZ-2020-00243 V UDO Section 5.39.H.2 2 Signs allowed, 4 total requested. 20. Docket No. PZ-2021-00023 V UDO Section 5.02.B.3 Max. 24’ x 30’ detached accessory structure allowed, 35’ x 42’ requested. The site is located at 220 2nd St. SW (former Bub’s Café site). It is zoned R2/Residence and Old Town Overlay, Character Subarea (Lot 1 in Frank E Hawkins Addition). Filed by Kevin Paul, on behalf of Tomahawk Holdings LLC. General Info & History: The Petitioner seeks use variance and development standards variance approvals to operate a Tavern and Restaurant business use out of a site that is zoned R2/Residential and Old Town Overlay, Character Subarea. The Carmel-Clay Historical Society is located north of the site (currently being rezoned from R2/Residence to C2/Mixed Use). The Monon Trail, Monon Boulevard, and Carmel Midtown area is located east and southeast of the site (these areas are zoned C2/Mixed Use and Midtown Carmel PUD/Planned Unit Development). The Railyard Apartments is located south of the site (zoned C2/Mixed Use), and single-family residential dwellings are located west and northwest of the site (zoned R2/Residence and Old Town Overlay, Character subarea). Please see the Petitioner’s informational packets for more detail on the use variance and development standards variance requests. Prior to this proposal, the site was used as a breakfast and brunch establishment, called Bub’s Café. The use variance approval for the establishment had a condition that the use variance would cease when that business went away. Here is the Laserfiche weblink to the original Bub’s Café Use Variance and Variances file for Docket Nos. 07020017 UV (café use variance), 07020018 V (reduced number parking spaces), and 07020019 V (uncurbed parking). Since the Bub’s Café use ceased, the Monon Trail and Monon Blvd. improvements have occurred, and they are a new amenity to the area. Midtown Plaza and the buildings surrounding that area are also fairly recent. This is not what existed 5 to 10 years ago in the area. A lot has changed with the context of the neighborhood. However, as noted above, there are still single-family homes located in the area to the immediate west and northwest of the subject site. 11 of 17 In late 2020, the subject site was part of a C2 rezone petition, along with the Carmel Clay Historical Society site, under Plan Commission Docket No. PZ-2020-00177 Z: Midtown – Monon Boulevard C2 Rezone. However, that petition was amended in December 2020 to withdraw the GOAT site, and just leave the Carmel Clay Historical Security site to be rezoned. Instead, the GOAT site is now being heard as a Use Variance and Variances requests in front of the Board of Zoning Appeals (BZA). Before the GOAT operation even showed up on the radar of the Department of Community Services this past summer, the owner received a 3-way liquor license approval from City Council in 2019. Commitments were made with City Council Ordinance D-2470-19 about the proposed use, and it was to be a full-service restaurant with 100+ patrons that was going to be called Smoke’n Barrel. (The Legal Dept. is looking into this.) The Code Enforcement Dept. has been piecing information and timelines together from various City Departments, since between late May 2020 through September of 2020. The Planning Dept. Staff presented information in early September to that Department about what the original BZA use variance approval entailed for Bub’s Café, and that that use variance approval ceased when that restaurant/café went away. Analysis: Site Plan: The parcel of land is approximately 75’ x 132’ and approximately 9,900 sq. ft in area (0.23 acres). There is a proposed building addition to the existing structure and three seasons room (louvred pergola). The rest of the land will be gravel, for outdoor seating. The site has an 8-ft tall privacy fence along the north and west property lines, and an exit only gate with magnetic lock and shorter fence is proposed along the south and east property lines. Tall shrubs are also proposed around the perimeter of the site, to help with screening and buffering. Six perpendicular parking spaces are located along the south side of the building. Bike parking is also proposed near the main building door entrance. Floor Area: The Petitioner proposes to operate a Tavern and Restaurant. The square footage of the existing building is 1,140 sq. ft. The existing 3 seasons room is 739 sq ft., and the proposed tiki house addition footprint will be 2,145 sq ft (includes the outdoor covered patio area). There will be 45 employees, but the maximum number of employees on site at the largest shift will be 20. The site will be able to accommodate 320 people maximum, but the Petitioner would like to limit the number of people to 240-280. Petitioner, what is the capacity for number of people able to sit outside on the patio and also sit/stand in the sandlot? Occupancy: The maximum allowed occupancy of the site is based largely on the building code requirement for number of persons allowed per toilet. Currently, there are two 2 bathrooms/toilets total. The Petitioner proposed to add 6 more toilets as part of the proposed building addition, for total of 8 toilets. Regarding maximum occupancy vs. restroom capacity, the ratio required by the building code is one water closet per 40 males and one per 40 females. Outdoor seating has to be calculated and included, per section 2902.1 of the IBC. The site occupancy proposed as of February 15, 2021 equaled the following: interior seating = 65 people, 3 Seasons louvred pergola Room = 67 people, tiki house addition = 68 people. (Petitioner, the Planning Staff still needs to know the proposed number of people for the outdoor seating area, firepit area, and outdoor patio area.) The new design could accommodate 320 - 360 patrons on the property at all times. However, 360 people would mean that 9 toilets total have to be provided, not 8 total.) The Petitioner envisions the site accommodating closer to 240 people; 320 people is not what is envisioned. In addition to the indoor restrooms and the waiting area, the Tiki House area will be additional seating, private event space, etc. in the indoor area. (A bar top will be added at a later date.) There will also be a covered patio/deck area for seating. The Petitioner also envisions using the proposed building addition space for catering and events. 12 of 17 Architecture/Design: The proposed tiki house building addition will match and complement the existing building with the same exterior materials and dark colors. There is a metal roof material and cement board siding. There will be a covered area or breezeway between the tiki house addition and the main building, so that patrons can access those additional bathrooms in that north building addition during inclement weather without having to go outside. A covered deck area will also be a part of the tikis house building addition. The roofline of the building addition will mostly line up with what exists today, to try and make it look like one cohesive building, without a lot of building addition add-ons. A few Planning Staff suggestions are to modify the building addition’s roofline a little bit, to mimic the existing building’s roofline, with the roof planes and roof dormer detailing continuing throughout, so it looks like one cohesive building. The Planning Dept. wants it to look like there are not a bunch of add-ons to the original building structure Lighting: Security lighting and wall sconces are proposed, with perhaps some string lights. An additional light is proposed out front, by the trash dumpster, where there is currently a dark area. The Planning Dept. requests that this light be on a motion sensor, and that the light fixture be a downlight with a flat lens, with no exposed point source of light. Landscaping: The site will be mostly gravel. The perimeter of the site will have tall shrubs, and the front portion of the site will have some landscaping the front door. The Petitioner needs to comply with what the City Forester Daren Mindham requires, as well as installing tall shrubs to help with noise absorption and screening. The Petitioner needs to update the landscape plan to show/label the fencing, gate and railing areas, the revised building footprint for the tiki house building addition, the walk-in coolers, the revised sand lot layout area, etc. Signage: Only two signs are permitted for this site because it has two street frontages, 2nd St. SW and Monon Blvd. There are currently four signs present at this location, and that needs BZA variance approval. There is a small east-facing wall sign on the enclosed entrance. There is a south-facing wall sign that is 3’ tall x 5’ wide. And, there are two signs on the handrails/fencing (east and south). Per Section 5.39(D)(10) of the UDO, signage is not permitted on fences. The two signs on the handrails will need to be removed or installed at a different location, or BZA variance approval is required. All signs still need Sign Permits. Vehicle Parking: The typical required parking ratios for a ‘Tavern or night club’ land use is 1 space per 100 sq. ft. of floor area. And, the typical required parking ratios for a “Restaurant without Drive-Thru Food sales” land use is 1 space per every 2.5 patron seats, plus one space per employee per largest shift. (Outdoor seating areas do not count towards parking ratios). Furthermore, after those total numbers are calculated, the Old Town Overlay District regulations allow for a 50% reduction of the required parking space total. (Approximately 35 vehicle parking spaces are required, and 6 are provided on site. (One ADA parking space still needs to be provided on-site.) There are several free public parking garages within 750 feet of the site. (For reference, a 5-minute walk is ¼ mile, or 1,320 feet.) There are not any reserved GOAT-patron parking spaces in any of the nearby parking garages. And, there are not any private parking agreements. Those parking garages are open to the public, for free parking. On a related note, the City worked with Uber to create a pickup/drop-off area at Midtown plaza for the overall Midtown Area. There was also a citizen suggestion that the City should consider making the small residential street segment between 1st/2nd Street SW & 3rd/4th Ave SW for residential permit parking only. (Planning Staff will investigate this.) 13 of 17 Bicycle/Pedestrian aspects: Two bike racks (4 bike parking spaces) are required, and the Petitioner now shows those on the site plan, near the front door (within 50 feet). The bike racks will be permanent black/galvanized pipe that will fit the theme/style of the structure and accents. However, the bike racks need to be an inverted-U or A-frame rack type. Sidewalk connections connect the site to/from both streets, and there is also a crosswalk connection to the Monon Trail. Trash: The existing trash dumpster is located at the southwest corner of the site, next to the building. It is enclosed with an 8-ft tall privacy fence and metal doors. The dumpster is accessed from 2nd Street SW. Noise: The Petitioner proposes to comply with the Noise Ordinance and not exceed 50 decibels. The Noise Ordinance Amendment, Ordinance D-2554-20, was adopted by City Council on February 1, 2021, as amended. Noise from outdoor patrons and music, after hours noise, noise from patrons walking back to their cars or walking home, etc. are valid concerns. Planning Staff would like to see a commitment about no amplified music. Hours of Operation: Current existing commitments restrict closing hours to 11:00pm on weekdays and 12:00am on weekends. Existing commitments also state that the Sandlot area will close at 11:00 pm daily. For one of the proposed commitments, the Petitioner would like to modify the existing commitments to allow for the restaurant/tavern to be open until 1:30am every day, with the Sandlot closing at 11:00pm. The Planning Dept. recommends that the hours of operation be kept the same as now: restrict hours to 11:00pm on weekdays and 12:00am on weekends, but also have the Sandlot area close one hour before those times. (This would include the outdoor patio area and the louvred pergola areas, too.) For reference, the hours of operation of immediate surrounding restaurants/bars are as follows: Fork & Ale House (open until 1:00am), Sun King Distillery (open until 10pm), Union Brewing (open until 11pm), 3UP Rooftop Bar (open until 12am). Late night bars located in Carmel proper are as follows: Nippers, Bar Louie, and Brockway Pub (open until 1:00am), and Old Town Tavern and Jimmy B’s (open until 3:00am). Site Engineering: The Engineering Dept. reviewed the site for stormwater management and quality requirements. Since on site stormwater detention cannot be provided, the Petitioner is required to pay the $6,000 stormwater fee (this has been done). This money goes towards stormwater detention projects within the immediate area, such as the green infrastructure within the Monon Boulevard and the permeable paver alleys in Old Town. The parking spaces will remain perpendicular and won’t convert to parallel. It is not anticipated that the City Engineer will need additional street right of way. The City Engineer is comfortable with what exists for the street design and layout, and the street infrastructure that is there now was constructed by the City as part of the Monon Blvd. project and street right of way acquisition project. The dumpster location/enclosure was one of the key drivers of the design at the time. Commitments: Summary of existing Commitments signed on 12/2020: 1. Restrict hours to 11:00pm on weekdays and 12:00am on weekends. Facility completely closed at that time. 2. Follow the new noise ordinance at maximum 50 dB (decibels). 3. Do not allow entrance from the Monon to the Sandlot. One entry/exit at the front door, with emergency only Monon exit. 4. Close firepit and the entire Sandlot outdoor area and do not allow entry. Until there is a variance or rezone & ADLS approval, sandlot closed during operation. If a variance (is granted), sandlot to close nightly at 11pm. 14 of 17 5. No live music. 6. Full time bouncer at front door (only door) must restrict any drinks from leaving the premises, must card all patrons, must clear the building at closing. 7. Limit indoor capacity to 46 patrons inside and 43 on 3 seasons porch (89 people total). 8. Build new restroom facility that could (per DOCS input) be on Monon side of sandlot that would provide a sound and visual barrier. 9. Must install a hose to clean surrounding area and be responsible for all trash and receptacles in 3 block surrounding area. (to be defined by map) 10. Continue to provide security for perimeter 11. Promote and support Uber pickup in the Midtown garage instead of on the neighborhood streets. Bouncer does not allow pickup. Summary of proposed Commitments for this UV request: The Petitioner will agree and commit to the following commitments until the approval changing the existing zoning to the C2 Zoning District. In the event that there is a failure to comply or perform any of these commitments and such failure is not cured immediately upon notice from DOCS, but in no case later than 24 hours of receipt of such notice from DOCS, then all operations on the Premises will cease immediately and will not resume unless the Owner and Operator have obtained the approval of DOCS and The City of Carmel (the "City"). The City or DOCS may seek injunctive relief from the Courts in Hamilton County and both Owner and Operator agree to such relief and will not object. 1. The hours of operation for the bar/restaurant shall be between the hours of 10:00 a.m. and 1:30 a.m. daily and in strict conformance with these commitments. It is understood and agreed that the restaurant must be completely closed and all customers, patrons, and invitees absent from the Premises by 1:30 a.m. and the Operator will begin to conclude all food and beverage services at 1:00 a.m. to ensure that the restaurant is fully closed by the time set forth above. (The Planning Dept. recommends that the hours of operation be kept the same as now: restrict hours to 11:00pm on weekdays and 12:00am on weekends, but also have the Sandlot area close 1 hour before those times. This should include the outdoor patio area and the louvred pergola areas, too.) 2. The Operator will take any and all necessary steps to insure that the noise level outside of the building located on the Premises, as well as anywhere outside of the building on the Premises, does not exceed 50 decibels and in the event that The City of Carmel enacts any Ordinance that further restricts the noise level applicable to the Premises now or in the future, the Operator will operate the restaurant and use the Premises in such a manner that the operations and use do not exceed the lesser of 50 dB or the level set forth in the Ordinance. (Planning Staff requests that you include that amplified music is prohibited.) 3. The Operator will take any and all necessary steps, including the employment of additional staff to control the entrance, exist and use of the Premises as follows: A. All patrons, customers, invitees, vendors, staff and employees coming to or from the Premises must utilize only public streets, sidewalks, paths and the Monon Trail and will at all times avoid any entry upon any private property, including but not limited to the private residences to the West of the Premises or the multi-family housing development to the South of the Premises. To the extent necessary to comply with this requirement, a private security firm will be required to be employed by the Operator. B. Provided the Fire Marshall approves, there will be only one entrance into the restaurant building from the main entrance on the East side of the restaurant building and the Operator will install any and all necessary improvements to prevent entrance to the Premises from the sandlot outdoor area and the Monon Trail until such time as the Operator has constructed a separate addition to the building providing six additional restroom facilities. (Even if the additional bathrooms are built, Planning Staff still wants the gate at the Sandlot to be an Emergency Exit Only.) C. The sandlot outdoor area including the firepit and entertainment games is to be closed daily at 11:00 p.m. (Planning Staff recommends that this needs to include the open porch area and the 3 seasons room area, too. Also, the outdoor areas need to close 1 hour before the main building closes. Planning Staff also recommended that wording be added here that the Sandlot area should not be re-opened until the Petitioner gets a final Certificate of Occupancy for the building addition and/or for the additional bathrooms.) 15 of 17 D. The Operator will have a dedicated, full-time employee ("Bouncer") located at the main entrance at all times to confirm the legal age of all patrons, customers and invitees; to prevent any person from taking any beverages outside of the restaurant Premises; and to insure that all persons, excepting the staff and employees, have left the restaurant building and the Premises and that there is no loitering of such persons in the immediate area surrounding the Premises by the required closing time. E. In the event the City determines that notwithstanding these commitments, the security of the neighboring properties is endangered, the Owner and the Operator will provide for private security. 4. The Operator has submitted plans to construct additional restroom facilities per the approval of DOCS and until then and the appropriate zoning and other governmental agencies and bodies approve, the occupancy of the restaurant building and of the three-season patio is not to exceed the lesser of 40 persons per toilet or the standard set by the UDO, the Indiana Board of Health or the Hamilton County Board of Health. 5. A water hose will be installed and used on a regular and continuous basis to clean the outside of the Premises and the surrounding area. On not less than a daily basis following the closing of the Premises, the Operator will be responsible for the collection of trash and debris in the area surrounding the Premises. (Is this in the immediate surrounding area? How many feet?) 6. The Owner and Operator will take all steps to establish the point of drop off and pick up for all ride sharing services at the Midtown garage. Ride sharing vehicles arriving at the Premises will be directed to the Midtown garage. Old Town Overlay District: The subject site lies in the Old Town Overlay District, adjacent to the Carmel Midtown Area. It is the purpose of the Old Town Overlay District to promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties in the designated Old Town Overlay District. The Plan Commission and Common Council, in establishing the Old Town Overlay District, are relying on Indiana Code 36-7-4-600 et seq. and IC 36-7-4-1400 et seq. The Old Town Overlay District establishes regulations in addition to the base/underlying zoning district. In the case of conflicts between this Old Town Overlay District and the base zoning district, the provisions of the overlay will prevail. The Old Town Overlay District is an important historical commercial and residential area to the City of Carmel. In order to protect this important area, the Old Town Overlay District was developed to provide for consistent and coordinated treatment of the properties in Old Town by establishing basic standards for structures, landscaping, and other improvements. Further, the Old Town Overlay District seeks to: • Foster rehabilitation and development in Old Town • Increase property values in Old Town • Protect real estate investment in Old Town • Retain Old Town neighborhood vitality • Spur commercial activity in Old Town, and • Attract new businesses to Old Town Within the Old Town Overlay District there are different parts and characteristics, therefore, the overlay district is divided into three Sub-Areas: a Character Sub-Area, a Historic Range Line Road Sub-Area, and Main Street Sub-Area. Separate guidelines apply to each Sub-Area. The Character Sub-Areas consist of the bulk of the residential areas in the Old Town Overlay District, both east and west of Range Line Road, and both residential and commercial properties facing Range Line Road in the north end of the District. There are many different styles of architecture in this area; however, the consistency and character of the neighborhood is worth protecting. The intent of these regulations is to preserve the character of the neighborhood by preserving certain buildings and siting characteristics. Carmel Midtown Area: The Carmel Midtown area serves as a link between Carmel City Center and Carmel Old Town (Arts & Design District). The Monon Trail runs through the districts. Midtown Plaza is a new revitalization of Carmel’s old industrial area. It is a mixed use area located in the heart of a center of entertainment, urban-style living, and 16 of 17 commerce. Midtown brings its own unique urban atmosphere, distinct from its adjacent districts, serving as a connection between the Arts & Design District and City Center. North of Midtown is the Arts & Design District (Old Town) with more than 200 businesses. To the south, we have City Center, The Hotel Carmichael, The Palladium, and Center for the Performing Arts. The Midtown Plaza area includes neighborhood green spaces, community tables and benches, shade structures and big screen entertainment including movies and live sporting events. Midtown Boulevard also serves as an interactive play area for kids of all ages, featuring a spray plaza, public art, ping-pong tables, bocce ball courts, and corn hole. Midtown Plaza is nestled among several major employers, small businesses, and residential developments including the corporate headquarters of Allied Solutions, MJ Insurance, F.C. Tucker, and Merchants Bank. Midtown also includes Sun King Spirits, Fork + Ale House, the Carmel Redevelopment Commission, Serendipity Labs, and multi-use developments from Barrett & Stokely and J.C. Hart. Comprehensive Plan: The Comprehensive Plan is a guide for growth for the City. The Comp Plan calls for central Carmel to be an Area for Special Study, and this use variance public hearing accomplishes that aspect of the Comp Plan, for this specific subject site. It is important to note that the Comp Plan contains an Appropriate Adjacent Land Classifications Table, which shows the Best fit vs. Conditional Fit land uses. “B” stands for Best Fit and “C” stands for Conditional Fit, meaning it is appropriate when the more intense development is installed with sensitivity to the adjacent land classification. A restaurant/tavern can be placed next to residential uses when installed with sensitivity. The area of the Monon Trail in Midtown Carmel is slated for more mixed used developments that contain multi- story buildings. This restaurant/tavern use can be good transition to the single-family homes located to the west of the site, if implemented appropriately. Technical Review: The proposal was emailed to the Technical Advisory Committee (TAC) members on 12/15/2020. There are close to 28 TAC members, representing city and county agencies, utility companies, etc. Items reviewed for this project were land use, utilities, signage, architecture, landscaping, active transportation, lighting, life/safety issues, building code compliance, and more. Remaining Planning/Zoning Review comments: a. The Carmel Fire Dept. still needs a detailed life safety plan/drawing with occupant load calculations, along with a detailed description of what the use of the “Customer Floor” and “Covered deck” are going to be. (Planning Staff would like to view this document, too.) b. How many people will be able to occupy the beer garden, fire pit area, and outdoor seating area with the amended site plan? Petitioner, what is the capacity for number of people able to sit outside on the patio and also sit/stand in the sandlot? Please show and label that on the final site plan. c. Please also provide an updated site plan (maybe with colored in areas) that shows everything proposed for the site, fused together: landscaping, existing building, parking, ADA parking space, sidewalks, fencing, new building addition, fire rings, outdoor spaces, etc. (Still needs to be done.) d. Required permits that still need to be finalized and issued through the Building & Code Services Dept. are remodel permit B-2020-00475 with a final Certificate of Occupancy still needed. (The Petitioner’s business is open via a partial/temporary Certificate of Occupancy (CO). The final CO is being held up until the Petitioner gets all PC and BZA approvals, and then the Permits Dept. may add the Petitioner’s building addition under same permit if the BZA approves the petition.) 17 of 17 e. The Planning Dept. requests that the light fixture erected by the front of the building, by the trash dumpster, be on a motion sensor, and that the light fixture be a downlight with a flat lens, with no exposed point source of light. f. A few Planning Staff suggestions are to modify the building addition’s roofline a bit, to mimic the existing building’s roofline, with the roof planes and roof dormer detailing continuing throughout, so it looks like one cohesive building. Perhaps, you can also add in roof dormers and/or window dormers. g. Sign permits are still needed and required for the existing signs that were erected without approvals. h. Please add a professional/permanent looking sign to the gate exterior so that patrons know to enter at the front door, and that the gate is for exit only. (What is the status of this; has it been installed yet?) i. The Landscape Plan needs to be revised to show the correct building addition size/location, the fences, gate, railings, etc. (What is the status of this?) k. The proposed bicycle parking racks material of permanent black/ galvanized pipe sounds like it would comply with the City standards, but the rack design needs to be an inverted U or an A-frame rack type per UDO section 5.29. Please provide the design details of the bike racks. (Need to know the proposed design details of the bike racks.) l. Proposed commitments revisions: please view those commitments above. The blue italic text shows the Planning Staff requested changes. m. Will the open dining area with covered roof be enclosed in the winter, like the 3 seasons room? Can this Planning Staff’s Closing Comments: Planning Staff’s biggest concern is the proposed intensity of the use and how it can be installed with sensitivity next to the adjacent residential properties, especially adjacent to the single family dwellings, townhomes, and apartments, to help eliminate or mitigate nuisances (such as trespassers, noise, trash, etc.), to provide adequate buffers, and more. Overall, the Planning Department is not opposed to the variances requested, especially if the Petitioner is going to agree to the revised Commitments, as well as work with the City Forester Daren Mindham and the other Technical Advisory Committee (TAC) members. With variances, a Petitioner needs to prove practical difficulties or hardships with each variance request and also bring a well thought out package/proposal. The Findings of Facts will also need to be met. Given the challenges this new business had over the summer and fall last year, the Petitioner needs to show a good track record and also that he is being a good neighbor. Petitioner’s Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation: (Docket No. PZ-2021-00023 V can be withdrawn, as it no longer is needed.) After all comments and concerns are addressed, the Dept. of Community Services (DOCS) recommends positive consideration of Docket Nos. PZ-2020-00229 UV, PZ-2020-00230 V, PZ-2020-00233V, PZ-2020-00234 V, PZ-2020-00235 V, PZ-2020- 00237 V, PZ-2020-00238 V, PZ-2020-00240 V, PZ-2020-00242 V, and PZ-2020-00243 V with the following conditions: 1.) that the use variance & variances are approved for a time limit of 1 year, and 2.) that the proposed commitments are modified per Planning Staff’s requests and are then executed/signed, where a copy of the Recorded commitments are provided to the Planning Dept. within 30 days of this public hearing meeting by the Petitioner. (One additional condition of approval the BZA might contemplate is to approve the use variance item with the condition of ADLS Amendment review/approval by the Planning Commission Commercial Committee, OR just have the final building design details reviewed/approved by Planning Staff.)