HomeMy WebLinkAboutDepartment Report 09-26-22
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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER
DEPARTMENT REPORT
MONDAY, SEPTEMBER 26, 2022
(V) The GOAT Lot Cover Variance.
The applicant seeks the following development standards variance approval:
4. Docket No. PZ-2022-00176 V UDO Section 3.64.A.1.c Maximum 70% lot cover allowed, 80%
requested. The site is located at 220 2nd St. SW (former Bub’s Café site). It is zoned B2/Business and Old
Town Overlay, Character Subarea (Lot 1 in Frank E Hawkins Addition). Filed by E. Davis Coots of Coots
Henke & Wheeler on behalf of Kevin Paul of Tomahawk Holdings LLC.
General Info & Analysis:
The Petitioner seeks approval for a building addition and site modifications that will increase their allowed lot
coverage from 70% to 80%. This is a variance of 10%. Please see the Petitioner’s info packet for more detail
on the variance request.
This site is located at the northwest corner of Monon Boulevard and 2nd Street SW. The parcels to the west and
northwest are zoned R2/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 C2/Mixed Use. To the east across
Monon Boulevard are the Old Town on the Monon apartments and some businesses, zoned C2/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 C2/Mixed Use.
The Plan Commission reviewed the DP/ADLS petition for this site, with Docket No. PZ-2022-00118
DP/ADLS. The site plan, landscape plan, lighting and signage plan, architecture and more was included in that
petition. The DP/ADLS petition was approved at the September 20, 2022 Plan Commission meeting.
The underlying zoning of B2/Business allows for up to 90% lot cover. However, the Overlay Zone only allows
for a maximum of 70% lot cover, and those overlay standards take precedent.
The Carmel Engineering Dept. is reviewing the civil plans for this project, with the Plan Commission review.
They do not have any concerns about this variance request. There was a master drainage plan that was installed
as part of the Monon Greenway project for the overall Midtown area.
Site History:
• The city tried to rezone this parcel to C2 in 2020, however, that was determined inappropriate. The Board of
Zoning Appeals 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 B2/Business and later
withdrew the UV and other variances.
• Through the Plan Commission (PC) process, commitments were made, which pared the allowed B2 uses
down to what B7 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.
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• After working through the proposed commitments at the final PC meeting, PC members voted to forward
this rezone item to City Council with a Favorable Recommendation 7-0.
• City Council worked through the commitments and voted to approve the rezone.
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. The Petitioner 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 Blvd. right of way is about 140’ total. No additional ROW is needed. Improvements made were
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.
• Revised floor plan shows an Occupant Load of 120 in the new building addition.
• Please note there are about 70 seats in the current building.
• Building roofline has been modified to comply with Old Town Overlay requirements.
Lighting:
• No new lighting, other than required emergency egress lights over doors, is proposed.
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 Blvd.
Signage:
• One sign per street frontage is allowed for a single tenant building.
• This site has two street frontages – Monon Boulevard and 2nd St. SW.
• No additional signage will be sought.
The Petitioner addressed all planning/zoning review comments. The Planning Dept. supports the variance
request.
Findings of Fact:
Please refer to the Petitioner’s Findings of Facts included in their BZA Info Packet.
Recommendation:
The Dept. of Community Services (DOCS) recommends positive consideration of Docket No. PZ-2022-00176
V, and with adoption of the Findings of Fact submitted by the Petitioner.