HomeMy WebLinkAboutMinutes PC 12-21-21 Brad: How does the building height and setbacks work together?What is height requested where a given setback
proposal is?How does the landscaping fit in?What are distances to the adjoining property improvements and not just to
the property lines?I know our standards are written to the property lines. The Overlay speaks of the building heights
along the façades. We normally measure to the peak of the roofline. Make sure we are applying the correct standards.In
the elevations,the building types and numbers do not correspond to the site plan.Make sure the site maps are correctly
labeled.What are the US421 Overlay architectural styles that the building elements conform to?How does one access any
of the four outlots without any landscaping being removed since no curb cuts are being shown on the plans?Jon
Dobosiewicz: In early discussions with Staff,we were under the impression that the US421 Overlay architecture
standards wouldn't apply to this project since it's 400 plus feet away from Michigan Road. The architect did not design it
to the Overlay standards. However,we will now charge the architect with that task and will come back with revisions.
A Motion made by Rider and seconded by Westermeier to send PZ-2021-00205 DP/ADLS to the February 1't
Commercial Committee,with final approval by the full Plan Commission. Approved 7-0,absent Hill,Potasnik.
Old Business:
8. 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: Anthony Paganelli
• With me tonight are Kevin Paul,owner,and co-counsel Tom Perkins and Dave Coots
• Our last hearing was 3 months ago by Plan Commission and they tabled our petition.After 3 months of work with
Staff,the City,and our Architectural team,we believe we are in an agreement with Staff and the Petitioner.
• We are agreeing to substantial changes to the architectural design,to provide a development plan,future ADLS
approval,and a list of commitments to limit our uses under the B2 zoning. We are willing to exclude any
permitted use of the property for a tavern or nightclub.A draft of the commitments were provided in our packet.
• The word tavern is in our name,GOAT. Despite the T that stands for tavern, it will be only be operated as a
restaurant and bar,and not as a nightclub or tavern. We do not want to change our name.
Department Report: Rachel Keesling:
• The UDO states an alcohol permit must have the restaurant component in order serve alcohol/obtain permit
• Staff believes that B-7 is the more appropriate use for the intent of the district and list of uses compared to the B-2
district and the list of commitments. B-7 also requires DP and ADLS approval.
• However, lot coverage and setbacks make the site undevelopable under B-7, so they would need significant
amount of variances
• A large indoor area is now in the site plans,this should help to keep the noise down
• The B-2 proposal is accompanied by the commitments that restrict the allowed uses to what B-7 would allow.
• They worked with local architect,Dan Moriarity,for the building addition that would fill the outdoor space,add
bathrooms,and alleviate the noise that was happening outside on site.
• We can continue to work on the list of commitments and the design of building at tonight's meeting, or we can
send this to the Commercial Committee for further discussion.
Committee Comments:
Sue: If this is forwarded to the City Council, it would still have to come back to the Plan Commission for DP and ADLS
approval? Rachel Keesling: This is only for the Rezone.The City Council would have to add in the commitments that a
DP and ADLS are required,since it is not a requirement for the B-2 zoning district. Sue: If we want to tighten up the
allowable uses,we will need to do that now or at Committee? Rachel Keesling: We can do that now,or at a Committee.
They have a current list of commitments,and we can add to them if needed. Sergey Grechukhin: The City Council will
have the ability to review and change the commitments. Brad: Are the Petitioners willing to work on this list of
commitments at tonight's meeting?Anthony Paganelli: We are willing to work on these commitments tonight.
Rachel Keesling: The list of permitted uses for the B-2 zoning district is very long. We do not have definitions for some
of the permitted uses. We have been continually working on this list with the petitioner.
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Christine: Will the commitments run with the land and continue with any future owner?Sergey Grechukhin: Correct.
Brad: From the current list of commitments,will the Petitioner strike the following permitted B-2 uses for tavern/night
Iclub,indoor theater,artisan, industrial,meeting and party hall,all education uses-day care,kindergarten/preschool,
school,trade or business,post office,public service facility,office permitted uses,recreation permitted use,retail and
service,private club,or lodge.Anthony Paganelli: We can agree to strike out these uses.
Brad: The last line reads,the owner agrees to end outside and pergola patio food and bar service at 10pm daily, and
close exterior doors, so that only interior service occurs at that time. Can we shift the focus of the actual condition we are
trying to control?Tonight,we are not reviewing any of the physical changes to the site. Those building changes will be
reviewed during the ADLS review process.If you cut off service outdoors,you still have patrons inside well after 10pm.
What is your actual intent with this? Anthony Paganelli: This is a situation that every other bar in the Mid-town district
has.Kevin Paul: Our intent is if you stop serving food and beverage, it's easier to clear them out.Brad: Can we add that
to the language?Kevin Paul: We can.Kevin Rider: From experience, if you stop serving outside at 10pm,you will still
have people hanging outside later. Can you commit that you will have them go inside or pay their tab and leave right at
10pm.Kevin Paul: Our intent was to have everything cleared outside by 10:30-10:45pm. We will stop serving at 10pm,
which is consistent with the other bars in Mid-Town.
Brad: Would you commit to a neighborhood trouble hotline?If there's a problem,there's a specific number that the
neighbors could call?Anthony Paganelli: Yes. The owner agrees to establish and maintain a "neighborhood hot-line"
phone line for neighbors'concerns.
Nick: Can you commit to close at midnight?Anthony Paganelli: We believe we should not have any hour restrictions
that put us at a competitive disadvantage to those businesses who are literally across the street.
Nick: How are you going to control people buying a drink and walking outside with their drink?Anthony Paganelli: We
would control by having our Staff not allowing patrons to bring drinks outside. Kevin Paul: The Indiana open container
Ilaw allows you to grab and go but we agreed in December 2020 we would stop all carry out service and we did that
immediately.All other bars in the area,such as Fork&Ale and Union Brewery allow this.Anthony Paganelli: We will
agree to the following, The Owner agrees to refrain from "grab and go"service and requires patrons to consume
purchased alcohol on the property.
Kevin: This will come to City Council,and the public hearing will be open for any comments. The Council will
thoroughly examine all the commitments.
Sue: What are the hours of operation are listed in your commitments?Anthony Paganelli: We are only listing the hours
of operation for outdoor seating. We do not want to place any restrictions on our hours of operation that are allowed by
the bars in this area.Kevin Paul: We can commit to 12:00 a.m. on weeknights and 1:00 a.m.on weekends including
Fridays and holidays.When we started closing early last year,our patrons would just walk to the next bar down the street
that was still open. We just want to be consistent with the other bar closing times in the area.
Sue: Will there be any outdoor music allowed?Rachel Keesling: The solution is to enclose the entire outdoor space, so
they wouldn't have any live music outdoors.Kevin Paul: We can commit to not playing music on our outdoor speakers.
Carrie: What are repercussions if they don't follow these commitments?Sergey Grechukhin: Proper legal action from
the City. The hotline will be in place, so hopefully the problem gets resolved before the City has to take any action.
A Motion made by Westermeier and seconded by Zoccola to send PZ-2021-00134 Z to the City Council with a
favorable recommendation,including the Commitments we drafted at tonight's meeting.
Approved 7-0,absent Hill,Potasnik.
I Meeting Adjourned t 9:35 p.m.
ii.t
Jo hestak Plan Commission Secretary Bad Grabow y President
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Plan Commission Meeting Minutes 12-21-21