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HomeMy WebLinkAboutMinutes PC 09-21-21 F� ,`, CTN 311S � i t of C1- MDIM ' CARMEL PLAN COMMISSION SEPTEMBER 21, 2021 I MEETING MINUTES Location: Council Chambers Room,2nd Floor,Carmel City Hall Members Present: Brad Grabow,Jeff Hill,Carrie Holle,Nick Kestner,Josh Kirsh,Alan Potasnik,Kevin Rider,Sue Westermeier,Christine Zoccola Staff Present: Mike Hollibaugh,Rachel Keesling,Joe Shestak Legal Counsel:Jon Oberlander,Sergey Grechukhin Time of Meeting:6:00 PM Declaration of Quorum:President Grabow: 9 members present,we have a Quorum Approval of Meeting Minutes: A Motion made by Kirsh and seconded by Rider to approve the August 17,2021 PC meeting minutes. Approved 9-0. Communications,Bills,Expenditures,&Legal Counsel Report 1. Gas Station Setback& Standards Amendment Update from City Council(CC): Jon Oberlander: • Ordinance Z-669-21 was approved at last night's CC meeting with one amendment. I will ask the Plan Commission(PC)to approve the one amendment made to the Ordinance. Lines 45-47: Delete the Applicability paragraph pertaining to Use Variances. It was the Legal Department's opinion to have this removed from the Ordinance. The PC has 45 days to act on this amendment. I ask the PC to amend tonight's agenda to be able to vote on this change. • Brad: Is the amendment to a definition or applicability?Jon Oberlander: This eliminates the BZA decision on setback requirements. It does apply to all new developments within the City. A Motion by Westermeier and seconded by Zoccola to approve the City Council amendment on the Gas Station Setback & Standards Ordinance.Approved 9-0. Reports,Announcements&Department Concerns: Rachel Keesling: 2. Outcome of Projects at Committees: a. Commercial: i. Docket No. PZ-2021-00099 ADLS Amend: Ed Martin Service Bay Add.—Tabled to Oct. 5 meeting ii. Docket No. PZ-2021-00113 DP/ADLS: Be Well Family Care—Approved 3-0 b. Residential: Cancelled due to no items to review Public Hearings: Brad: Explained the Plan Commission Rules of Procedure for public hearings. 1. Docket No.PZ-2021-00134 Z: GOAT Rezone. The applicant seeks B2/Business rezone approval. The site is located at 220 2nd St SW in Frank Hawkins Addition Lot 1. It is currently zoned R2/Residence and Old Town Overlay,Character Subarea. Filed by Dave Coots of Coots,Henke&Wheeler,on behalf of Tomahawk Holding LLC,owner. Petitioner: Tony Paganelli,attorney at Paganelli Law Group: • This site has been closed since April 2021 and we are requesting to rezone from R2 to B2 1 Plan Commission Meeting Minutes 9-21-21 • The owner was allowed to open and operate for months prior to the City's C2 rezone proposal for this site. We are asking to renew the City's rezone application that was filed last year for this site,and our request would be as close as possible to the C2 rezone request,since this is being filed by a private citizen and not the City of Carmel. • The City allowed the GOAT to open and operate based on the prior Use Variance issued for the previous owner, Bub's Cafe • The GOAT property was withdrawn from the City's C2 rezone petition,and the adjacent Cannel Historic Society property was allowed to rezone to C2 • When the GOAT open last summer, it was more popular than what the owner anticipated. They did have some rude guests that were disrespectful to the neighboring properties. The owner has spent over 1 million dollars to make improvements and did comply to what the City told him to do. • What does the City want this particular piece of land to be used for?What's the best use of this property? • The City has already told us it wants this property to be zoned C2. It was initially part of the City's C2 rezone petition with the Cannel Historic Society property,but then the GOAT property was withdrawn. • Staff's Department Report to the Plan Commission from Dec.2020 recommended to rezone this property and Historic Society property to C2. The rezoning of this property is consistent with C2 zoning district. • DOCS Director was quoted saying the City's long-term plan is to rezone all the properties along the Monon to C2 • The GOAT property is the only parcel that fronts the Monon in the Midtown district is not zoned C2 • Only the City can request a C2 rezoning.We believe that B2 is a comparable district and more appropriate. Staff suggested to rezone to a B7,and we respectfully don't agree to that, since the B7 permitted uses are so narrow. • We have been working with Staff to narrow the broad list of permitted uses allowed in a B2 district • Based on the City's action of rezoning Cannel Historic Society to C2,we are confident that the B2 zoning is the best use for this site Public Comments: Jill Meisenheimer,Carmel Citizens for Responsible Zoning: The GOAT has been a complicated matter. Since it is adjacent to a residential neighborhood, it shouldn't be allowed to be rezoned to B2 to accommodate their request. This 0.23-acre parcel is too small for expansion. It can't provide the correct buffers to its adjacent neighbors. The Petitioner submitted an incomplete info packet to the Dept. How will it mitigate its current challenges?Why should this R2 property be rezoned to B2?Who benefits,who suffers?Is this proposal the same petition that the BZA denied?Will they be allowed to be open till 3am?How will the GOAT be accountable for its patrons and their generated noise?How many patrons will be allowed in this small space?I would not want any tavern next to my home. Denise Moe,Midtown Cannel: I love living in Cannel. I chose to live in downtown Cannel to live in a thriving area. The GOAT's outdoor space is unique and is a desirable attraction. The GOAT is completely in line with the Comp Plan. It was stated that the City wants the entire area along the Monon to be zoned C2. Samantha Lamar,Midtown Cannel: I love living in Cannel. I appreciate all the amenities. I chose to live downtown so I can enjoy the nightlife of Cannel. The GOAT presents another restaurant to go to and has a unique outdoor area. I hate that a few bad people ruined the image of the GOAT. We can change that. Jeff Sheets, The Railyard at Midtown: This property is supposed to be the GOAT and not residential. It has a lot of outdoor area. They are willing to address the concerns that have been brought up by the public. Ray Dell, Sophia Square: From my window, I can see 3UP. I fail to see the differences between 3UP and the GOAT. The same public intoxication problems occur by the patrons of 3UP. It's unfortunate that the GOAT is being targeted as being different than other bars and restaurants in the midtown area. People love the GOAT's outdoor patio. We love the owners. Misha Rabinowitch,attorney at Dinsmore: I represent the immediate neighbors to this site.They have invested millions of dollars in their homes and properties. We ask you to deny this rezone request. This request for a B2 rezone cannot be considered in a vacuum without considering what has occurred in the past year and a half. I encourage you to review the Staff report for why this request does not make sense. It states to protect the character, safety,and function of the Monon greenway. Protect stable single-family residential neighborhoods in north-central Cannel. Andrew Stokely: We manage the Railyard at Midtown and Old Town on the Monon Apartments.I received emails, letters,videos from people living in these apartment buildings next to the GOAT. Their comments stated that the 2 Plan Commission Meeting Minutes 9-21-21 operations of the GOAT had a negative impact of their peaceful enjoyment in their homes. We realize there are other people who have been impacted. The GOAT is placed in a heavily residential area and does not fit here. I hope the City can find another place for the GOAT to operate and thrive. IAlan Cohen,248 2'St SW: I'm not opposed to reasonable and responsible business and residential redevelopment in Midtown. We did not consider remonstrating against the initial business proposal of a cigar and bourbon bar for 100 patrons at the pervious Bub's Café location. What we got was a bar that hosted 350 patrons, 80%of them outdoors,till 3am,with only two restrooms onsite.We had over 100 trespassers on my property. There were over 100 police runs to the GOAT. This has been well documented. I asked Mr. Paul one night when the police were at my house,why don't you close before midnight and reduce the number of patrons?Mr.Paul said, I can't do that. Half of my profits occur after midnight. Jane Fleck,225 1 s'St SW: This is very difficult to give this testimony. Mr. Paul has done a wonderful job of attempting to take care of all the issues.The neighbors and I do not want to pay the price for the mistake of the City.The only issue I have with the GOAT is the noise. It could be heard in our home. Beth Agee, lives within 20 yards of to the GOAT: I chose to live in Cannel because of the safety. I was approached from the patrons of the GOAT during one late night,and I was in a situation that I did not feel safe. I do not want to fear of walking out of my door late at night and to be afraid that someone might attack me. It was brought up today that we want to do what is best for the City and for the property. I know that safety is an important factor for the City and please consider that when considering this rezone proposal. Ben Keith,general manager of the GOAT: I feel like everyone is getting the wrong impression of the GOAT. We didn't like all the noise and people. We were not prepared for it. We have put together a plan to prevent these issues. The number of incidences decreased from Jan. 2021-April 2021. We don't like when people urinate on people's property. There are people urinating on our property. There's an easement between the GOAT and Mr.Cohen's property. We don't welcome this.There's going to be noise in Midtown. There's nothing we can do about it. We just want to be open and Ihave a policy in place where everyone is happy. Habib Haban, Sophia Square: I have seen people drink at other places and then walk drunkenly around Midtown. We can establish a plan and work out the issues. Roger Kyle,Cannel: This owner have invested a lot of money in the GOAT.3UP music is loud and echoes throughout Midtown. What's the difference?There are problems that can be fixed. I support this rezone. Brad Grabow,President of the Plan Commission: For the record,there has been extensive written correspondences and they have been distributed to all Plan Commission members.The entire record from the BZA hearing has also been added to this docket and is viewable in Laserfiche. Rebuttal to Public Comments: Tony Paganelli: • We have heard valid concerns from what happened last summer.The concerns for public safety and disrespectful patrons have been considered and addressed by the Petitioner. • The management of the GOAT was caught unprepared for a tremendous influx of business. Efforts were put into place by the owner as quickly as possible. • The GOAT was no less responsible for rowdy behavior and noise than any other the bars in Midtown • My client wants to be treated just like all the other bar owners in Midtown and not to be singled out • A new bar,called the Social Cantina is opening soon directly across the street from the GOAT. Barrett& Stokely has its own interest of having the GOAT stayed closed since their new bar will also be a late-night bar. Department Report: Rachel Keesling: • We have tried to look at this rezone petition with a fresh set of eyes,but we cannot ignore the remonstrance received and the complex history of this site. It is important to talk through the missteps that have occurred. • City Councilors worked with the owner last summer and fall on a list of commitments to help remedy some of the concerns that were brought up tonight. There have been no talks with the Petitioner about new commitments or renewing some of the previous commitments for this rezoning process. 3 Plan Commission Meeting Minutes 9-21-21 • B-2 zoning does not require a development plan(DP)and the Petitioner did not address this. Staff suggested B-7 as a more appropriate zoning classification. The list of uses is more appropriate for this area and requires a DP. • The Petitioner did not discuss with us why B-2 is being sought. Staff would be more supportive of a B-7 than a B- 2 request. • Staff recommends this is sent to the Oct. 5 Commercial Committee for further review Committee Comments: Carrie: Can you discuss the history behind the initial request for C-2 zoning at this site? Rachel Keesling: It was not brought up with this proposal. The C-2 zoning can only be brought forward by the City. We did not know the owner was going to request a rezone or what their plan was going forwarded after their use variance and BZA variance petitions were denied.A C-2 rezone request involves a public-private partnership, and that was not part of this proposal. Christine: I agree with Staff that B-2 is not the correct zoning for this parcel. This will stay as the zoning for this owner and all future owners. There's a variety of uses that are allowed by B-2 and not appropriate next to residential.Asking for a DP is reasonable. Josh: I feel inclined to point out the City is getting a bad reputation on this.As a point of clarity,the City of Cannel tries to be pro-business at every turn that it makes.As a result,the cart got in front of the horse in effort to help a business open during the worst thing(COVID pandemic)we have ever saw in our lifetime. The City and the Petitioner went into this relationship with the best of intentions. Kevin: Staff and the Petitioner need to have some conversations before this can come before the Commercial Committee. I don't how we would analyze this without a DP. Sue: Is there a chance that B-7 can be discussed at Committee? Tom Perkins,Paganelli Law Group: Yes,we are open to full discussion with what the commitments should be consistent with the other restaurant and taverns in Midtown. There's a concern that bar/tavern/nightclub is not an allowable use of B-7. If we can allow this use under B-7,with some added commitments from the City,then we can agree to B-7. Sue: I also agree that the Petitioner and Staff need to work this out before coming to the Committee. Alan: The problem is we listened to a public hearing in which the B-2 zoning district was proposed.The purpose of the Committee meeting is for us to study what we have heard and make a recommendation to the full Plan Commission. To go into the Committee and all of sudden switch and negotiate a different zoning district after the public hearing is closed is a problem. This discussion should have taken place before this public hearing. Sue: You are absolutely right. Christine: If we go through a B-2,and they strike down some of the permitted uses of the B-2, is this done through deed restriction or commitments?Sergey Grechukhin: They would be done through commitments. The Petitioner will voluntarily strike down some of the uses of the B-2 and these commitments would be recorded with Hamilton County. City Council can also modify or strike down some of the uses during their rezone process. Brad: The issues to address here go far beyond the scope of the UDO. This speaks to land uses,the surrounding environment, and physical characteristics.As important with this case are the behavioral characteristics.Noise generated on the property,behavior of patrons,and hours of operation.These are possible to address through commitments,but they really extend beyond our role as an advisory Plan Commission. We only give a recommendation to the Council. The Council votes and acts on whether or not to rezone this property. The Council has the tools to combat the behavioral problems. I would love to look at this objectively as a parcel of land along the Monon,but that's ignoring all the issues here. This requires more than what we have in our powers as members of an advisory Plan Commission. Kevin: If this would change from B-2 to B-7,we would need to hold another public hearing,and public notice would have to be distributed.Another option is to table this so the Petitioner and Staff can discuss this more.Alan: Please notify us prior to coming back of the permitted uses that will be excluded. A Motion by Rider and seconded by Zoccola to table this item to October 17 so that Staff and the Petitioner can discuss and work on a zoning request that the Planning Dept.can support. Approved 8-1,Hill. 4 Plan Commission Meeting Minutes 9-21-21 2. TABLED TO OCT. 19-Docket No.PZ-2021-00160 CA: West Main St.Block C2,Commitment Amendment. Meeting Adjourned at 7:17 p.m. i/(7- 1 '� J Shestak Plan Commission Secretary Brad Grabow President I I Plan Commission Meeting Minutes 9-21-21