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HomeMy WebLinkAboutDepartment Report 08-16-22 CARMEL PLAN COMMISSION DEPARTMENT REPORT AUGUST 16, 2022 2. Docket No. PZ-2022-00118 DP/ADLS: The GOAT. The applicant seeks site plan and design approval for a building addition/remodel on 0.2 acres. The site is located at 220 2nd St. SW in Frank Hawkins Addition Lot 1. The site is zoned B-2 and is within the Old Town Overlay, Character Sub Area. Filed by Ben Bemis of CEC Inc. on behalf of Kevin Paul, owner. Project Overview: This site is located at the northwest corner of Monon Boulevard and 2nd Street SW. The parcels to the west and northwest are zoned R-2/Residential and are within the Old Town Overlay Character Sub-Area. The parcel directly north is owned by the Carmel Clay Historical Society and is zoned C-2/Mixed Use. To the east across Monon Boulevard are the Old Town on the Monon apartments and some businesses, zoned C-2/Mixed Use. Further southeast is the Midtown PUD, where Sun King and the Allied Solutions Buildings are located. Directly south is The Railyard mixed use building with apartments, restaurant/retail space and an interior parking garage. It is zoned C-2/Mixed Use. Unified Development Ordinance (UDO) Standards this project MEETS: Old Town Overlay, Character sub-area: • Minimum lot width – 60’ required, 74’ existing • Addition placed in line with existing building facing east front yard • Side yard setback – 5’ west required and proposed • Materials of addition are consistent with Principal Building • Pedestrian connectivity is provided from the front door to the sidewalk • Parking – 5 spaces existing B-2 District: • Building height – 60’ tall allowed, about 19’4” proposed on addition • Bicycle parking – 4 spaces required and provided Unified Development Ordinance (UDO) Standards NOT MET or unknown: • Maximum lot coverage – 70% allowed, % unknown proposed • Rear yard setback (north) – 5’ required, 4.73’ proposed • Roof shape – partial gable proposed and allowed, partial flat roof – not allowed • Dumpster screening not yet provided • Signage – details have not yet been provided Site History: • The City tried to rezone this parcel to C-2 in 2020, however, that was determined inappropriate. The Board of Zoning Appeals (BZA) should hear a new Use Variance (UV) case, as they approved Bub’s Café UV in 2007. • The Petitioner filed the UV request, along with ten variances. The UV was denied, and the remaining variances were tabled indefinitely, one was withdrawn. • The Hamilton County Superior Court issued an order vacating the vote of the BZA’s decision to deny the UV. • The Petitioner submitted the Rezone request to change the zoning of this site to B-2/Business and later withdrew the UV and other variances. 4 • Through the Plan Commission (PC) process, commitments were made, which pared the allowed B-2 uses down to what B-7 would allow. These are entitled “Covenant Attendant to Rezone Application” and are attached. • In the “Rezone Application Commitments”, DP and ADLS approval for the site will be required, hours were restricted, a “neighbor hot-line” is established, no “grab and go” alcohol is allowed, and no outdoor speakers will be installed. • After working through the proposed commitments at the final PC meeting, PC members voted to forward this item to City Council with a Favorable Recommendation 7-0. • City Council worked through the commitments and voted to approve the rezone to B-2, 7 to 1, with 1 not present. Site Plan, Parking, Active Transportation, and Engineering: • The overall site layout and access is not changing. The existing restaurant/bar/patio will remain. • Sidewalks on the south and east will remain. • The existing open yard north of the existing building and patio will be “filled in” with a building expansion to accommodate additional restroom facilities and seating areas • The existing 5 parking spaces accessed via 2nd St. SW will remain • There is an existing storm sewer line, along with other utilities such as the City’s Fiber Optics line running along Monon Blvd. that the City wants to remain as is today. The Petitioner has agreed to push the building back in order to leave these utilities as currently installed. • 2nd Street SW is classified as a Local Road, which requires 56’ total right-of-way (ROW). 50’ exists and is consistent across the entire street. This was an agreement with the City when the Railyard (south) was proposed. • Monon Boulevard ROW is about 140’ total. No additional ROW is needed. Improvements were made providing sidewalk, bicycle path, parking spaces, and underground utilities/infrastructure along the property frontage. Architectural Design: • Design of the addition was done to keep in character with the existing building. • The addition needed to solve the primary past issues – large outdoor gatherings/noise and lack of restrooms. • The proposed building addition will have a new central entrance and connection hallway for patrons and servers, a second bar, additional tables, and 6 additional restroom stalls. • Rough initial counts show about 124 new seats in the proposed addition. Petitioner, please provide an updated floor plan with seat counts. • Please note there are about 70 seats in the current building. Lighting: • No new lighting information has been provided at this time. Landscaping: • Landscaping space is limited with the proposed building purposely filling in the existing greenspace on the site. • The addition has been reduced on the east edge, creating about 12’ of planting space along Monon Boulevard. • The Urban Forester has provided comments and continues to work with the Petitioner through Project Dox. Signage: • One sign per street frontage is allowed for a single tenant building. 5 • This site has two street frontages – Monon Boulevard and 2nd St. SW. • The Petitioner has not indicated if additional signage will be sought or if existing signage will be altered. DOCS Remaining Comments/Concerns: • Please continue working with Staff through Project Dox and providing all unknown information listed above. Recommendation: The Department of Community Services recommends the Plan Commission forwards this item to the September 6 Commercial Committee meeting for further review and consideration. DocuSign Envelope ID: 5A7A7392-AB3D-4E8C-86DC-9C40697902C4 2022020236 MISC $25.00 04/21/2022 02:07:03PM 5 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 1111111 1 11111 1 111111111111111111 HIM 111111111111111 111111111111111111 AMM Cross Reference to Deed: 2019-59216 RE -ZONE APPLICATION COMMITMENTS Tomahawk Holding, LLC, Owner of the Real Estate located at 220 2nd Street SW in Frank Hawkins Addition Lot #1 ("Property") the legal description of which is attached hereto as Exhibit A and doing business as The GOAT, in consideration of the approval of its Re -Zone Application for the Property from R-2 to B-2 commits as follows: 1. The Owner agrees to expand and reconfigure the building from which the GOAT was operating its tavern business at the Property in the manner substantially set forth in the plans and drawings submitted to the Carmel Common Council ("Council") by architect Dan Moriarity (the "Expansion"). Prior to commencing the structural modifications to the existing facilities and site, the Owner shall submit a Development Plan and Architectural Design, Lighting, Landscaping, and Signage ("ADLS") application to the Department of Community Services (the "DOGS") for Carmel Plan Commission review and approval, and shall further obtain all necessary permits (i.e., building permit, stormwater permit), as well as any required variances from the Carmel Board of Zoning Appeals. The Owner shall further comply with any applicable provisions of the Carmel Unified Development Ordinance, as amended, which is incorporated herein by this reference. The Owner commits to not resume any business operations whatsoever at the Property until the Expansion has been fully constructed and a Certificate of Occupancy is issued by DOCS. 2. The Owner agrees to end outside and pergola patio food and bar services at 7:00 p.m. daily and close exterior doors and windows, including all garage doors and windows between the DocuSign Envelope ID: 5A7A7392-AB3D-4E8C-86DC-9C40697902C4 interior seating area and the pergola patio area, so that only interior service will occur after that time, and to remove outside patrons from the outdoor and pergola patio seating area by 7:45 p.m. The Director of the Carmel Department of Community Services (the "Director") and the Owner agree to periodically review outside and pergola patio food and bar services to determine whether the outside service area needs to be enclosed with permanent glass windows. If it is determined by the Director in writing, in his sole discretion, that the outside or pergola patio service area has become a nuisance based on substantiated complaints or is otherwise in violation of these commitments, Owner agrees to immediately discontinue the use of the outdoor and pergola patio service area until such time as it is fully enclosed with permanent glass windows. The Owner may file with the Council a written request for review and reconsideration of the Director's written decision within 10 days of said decision setting forth in detail the facts supporting the Owner's request for reconsideration. The request shall, if reasonably possible, be heard by the Council within 30 days from the date of filing. The Owner agrees to comply with the Director's decision during such period of reconsideration. 3. The Owner agrees to establish and maintain a "neighbor hot-line" phone line for neighbors' concerns. Owner will provide a weekly report to DOCS and the Council that includes the number of calls made to the hotline, along with a summary of each call, during the first 3 months of the Property's operation. 4. The Owner agrees to refrain from "grab and go" service and require patrons to consume purchased alcohol on the Property. 5. The Owner commits to end alcohol service at 11:30 p.m. Sunday through Thursday and 12:30 a.m. on Friday, Saturday and holidays and close the physical facility 30 minutes thereafter. The Owner agrees to end alcohol service and close the business earlier if a 2 DocuSign Envelope ID: 5A7A7392-AB3D-4E8C-86DC-9C40697902C4 majority of other restaurants with alcohol service located within a 2-block radius of the Property adopt earlier closing hours than those provided in this paragraph. 6. The Owner commits to use no outdoor speakers. 7. These Commitments shall be in effect until they are modified or terminated. These Commitments shall only be modified or terminated by the procedure prescribed in Indiana Code § 36-7-4-1015(b)(5) or as prescribed herein. 8. These Commitments are binding upon the Owner and the Owner's successors, assigns and grantees with respect to the portion of the Property owned by such successor, assign and grantee and during such successor's, assign's and grantee's ownership, unless modified or terminated by the City Council pursuant to the requirements herein; however, these Commitments shall terminate as to any part or parts of the Property for which the zoning district or classification is later changed. 9. The Director shall record these Commitments and any modifications thereof with the Recorder Office of Hamilton County, Indiana and shall provide a copy of the recorded Commitments to the Owner. Owner agrees to reimburse DOCS for the fees charged by the Office of the Hamilton County Recorder to record these Commitments and any subsequent modifications. The foregoing commitments are made this 9th day of March 11111111 2022. TOMAHAWK HOLDING, LLC D/B/A THE GOAT n«usqned W. By: t 1E8 9A4E0.. " Kevin1GT, ma.naging member 3 DocuSign Envelope ID: 5A7A7392-AB3D-4E8C-86DC-9C40697902C4 STATE OF SS: COUNTY OF 14niyk') Before me, the un rsigned NOTARY PUBLIC, in and for said County and State, personally appeared 101 _, the Managing Member of Tomahawk Holding, LLC dba he GOAT, who acknowledged executing the foregoing Re -Zone Application Commitments for and on behalf of said Tomahawk Holding, LLC dba The GOAT. Witness my hand and Notarial Seal this Aday of „ , 20 as My CoP zission No./Ex 7ir ion: V 0 7 3 a %S p2 j Notary Public My 1ppunty of After recording return to: City of Carmel One Civic Square Carmel, IN 46032 Printed PPY PCB HOLLY J. HARMEYER o .• .• ; ; Notary Public, State of Indiana SEAL"= Hamilton County Commission Number NP0737982 I P, PAMyCommissionExpires December 15, 2029 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this document, unless it is required by law. Jon Oberlander, Esq. Instrument prepared by: Jon Oberlander, Esq., Interim Corporation Counsel, City of Carmel, 1 Civic Square, Carmel, IN 46032. 4 DocuSign Envelope ID: 5A7A7392-AB3D-4E8C-86DC-9C40697902C4 EXHIBIT A The East Half of the following described real estate: Part of the East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, beginning 560.44 feet South and 468 feet EastoftheNorthwestcornerofsaidEastHalf; thence South 132 feet; West 132 feet; North 132 feet; and East 132 feet to the place of beginning, being Lots 1 and 2in Frank M. Hawkins Addition to the City of Carmel. ALSO a vacated alley 25 feet East of and adjacent to said property as set outinVacationofPublicWayrecordedApril22,1994 as Instrument Number 9419040, EXCEPT that portion of the land conveyed to City of Carmel, Indiana in Warranty Deed recorded January 18, 2018 as Document No. 2018002345. DocuSign Envelope ID: 5A7A7392-AB3D-4E8C-86DC-9C40697902C4 2022020235 MISC $25.00 04/21/2022 02:07:03PM 4 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 111111111111111111111111111111111111111111111111111111111111111111 IN AMM Cross Reference to Deed: 2019-59216 COVENANT ATTENDANT TO RE -ZONE APPLICATION Tomahawk Holding, LLC, Owner of the Real Estate located at 220 2nd Street SW in Frank Hawkins Addition Lot # 1, ("Property") the legal description of which is attached hereto as Exhibit A, Covenants with The City of Carmel that if the Property is re- zoned fromR-2 to B-2 the Owner Covenants to Restrict Permitted Uses to the following: 1. Cultural/Entertainment Permitted Use Art and music center Art gallery Restaurant, without drive-thru food sales 2. Education Permitted Use None 3. Industrial Permitted Use Artisan, Industrial 4. Institutional Permitted Use None 5. Office Permitted Use Clinic or medical health center General office Professional office Research laboratory/facility 6. Recreation Permitted Use 1 DocuSign Envelope ID: 5A7A7392-AB3D4E8C-86DC-9C40697902C4 7 8. a Park, public Retail and Service Permitted Use Dry cleaning (without on -site plant) Financial institution General Service (express mail collection, online purchase drop) Wholesale Sales Temporary Permitted Use Food stand Sales, seasonal, outdoor Special event, outdoor Accessory Permitted Use Automated teller machine(ATM) 10. No Special Uses or Special Exceptions shall be permitted TOMAHAWK HOLDING, I.I.C. D/B/A THE GOAT OocuSlgned by: By: LWiVl FAUN, Kevin Paul, managing member STATE OF SS: COUNTY OF Before me, the undersigned TARY PUBLIC, in and for said County and State, personally appeared /14' the Managing Member of Tomahawk Holding, LLC dba The GOAT, who acknowledged executing the foregoing Covenant Attendant to Re -zone Application for and on behalf of said Tomahawk Holding, LLC dba The GOAT. A Witness my hand and Notarial Seal this'day of _(/T'/ 20 My Commission No./Expiration: fV e62--7q&Q Q? /S—va-1 Notary Pub41 My County esidence: /6 Pr' HOLLY J. HARMEYERmooPPvne` Notary Public, State of Indiana 2 =2;SEAL: = Hamilton County r • r Commission Number NP0737982 4 pjp,NP;S my Commission Expires December 15, 2029 DocuSign Envelope ID: 5A7A7392-AB3D-4E8C-86DC-9C40697902C4 After recording return to: City of Carmel One Civic Square Carmel, IN 46032 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this document, unless it is required by law. Jon Oberlander, Esq. Instrument prepared by: Jon Oberlander, Esq., Interim Corporation Counsel, City of Carmel, I Civic Square, Carmel, IN 46032. 3 DocuSign Envelope ID: 5A7A7392-AB3D-0E8C-86DC-9C40697902C4 EXHIBIT A The East Half of the following described real estate: Part of the East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, beginning 560.44 feet South and 468 feet East of the Northwest corner of said East Half; thence South 132 feet; West 132 feet; North 132 feet; and East 132 feet to the place of beginning, being Lots 1 and 2in Frank M. Hawkins Addition to the City of Carmel. ALSO a vacated alley 25 feet East of and adjacent to said property as set outinVacationofPublicWayrecordedApril22,1994 as Instrument Number 9419040, EXCEPT that portion of the land conveyed to City of Carmel, Indiana in Warranty Deed recorded January 18, 2018 as Document No. 2018002345.