B-21 (SPC-2019-0451A - 78 Rainey CUP; District 9).pdf — original pdf

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PLANNING COMMISSION SITE PLAN CONDITIONAL USE PERMIT REVIEW SHEET CASE NUMBER: SPC-2019-0451A PC DATE: 2/25/2020 PROJECT NAME: 78 Rainey Street CUP ADDRESS OF APPLICATION: 78 Rainey Street AREA: 1,288 sf (footprint of enclosed cocktail lounge structure) / 414 sf (footprint of cocktail lounge outdoor seating area and deck contiguous to enclosed structure) (512) 476-4725 (512) 669-5560 Phone: (512) 974-2711 Renee.Johns@austintexas.gov Ashland Rainey LLC 165 W 73rd St New York, NY 10023 WGI 2021 E. 5th St, Suite 200 Austin, TX 78702 APPLICANT: AGENT: CASE MANAGER: Renee Johns PROPOSED USE: Cocktail Lounge EXISTING ZONING: CBD NEIGHBORHOOD PLAN: N/A PROPOSED DEVELOPMENT: The applicant is requesting a conditional use permit for a cocktail lounge in one existing building located in the historic Rainey Street District, totaling 1,288 sf of indoor space, and a proposed 414 sf outdoor seating area and deck, for a grand total of 1,702 sf of CUP Cocktail Lounge space. The hours of operation will be Monday – Friday 6pm to 2am and Saturday and Sunday 12pm to 2am. No construction will occur with this permit but will be permitted either as a B-plan (construction site plan) or as a site plan exemption. SUMMARY STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit. Cocktail lounge is typically a use allowed in a CBD zoning district, the Waterfront Overlay Rainey sub district triggers the conditional use for the cocktail lounge. Several cocktail lounge uses are already located within this sub district. The site plan will comply with all requirements of the Land Development Code prior to its release. CONDITIONAL USE PERMIT REVIEW AND EVALUATION CRITERIA The following evaluation is included to provide staff evaluation on each point of the conditional use permit criteria. Section 25-5-145 of the Land Development Code states: “The Commission shall determine whether the proposed development or use of a conditional use site plan complies with the requirements of this section.” A conditional use site plan must: 1. Comply with the requirements of this title; Staff response: This application complies with the requirements of this title. 1 of 6B-212. Comply with the objectives and purposes of the zoning district; Staff response: This application complies with the objectives and purposes of the zoning district. The CBD zoning district allows cocktail lounge use. The Waterfront Overlay Rainey sub district triggers the conditional use for the cocktail lounge. Several cocktail lounge uses are already located within this sub district 3. Have building height, bulk, scale, setback, open space, landscaping, drainage, access, traffic circulation, and use that are compatible with the use of an abutting site; Staff response: Yes, there are no SF-5 or more restrictive zoning districts or permitted land uses abutting the site. 4. Provide adequate and convenient off-street parking and loading facilities; Staff response: Proposed use complies with code. 5. Reasonably protect persons and property from erosion, flood, fire, noises, glare, and similar adverse effects; Staff response: The proposed project does not contribute to any of the listed adverse effects. A Conditional Use Site Plan May Not: 1. More adversely affect an adjoining site than would a permitted use; Staff response: The proposed site plan does not appear to more adversely affect an adjoining site than would a permitted use. 2. Adversely affect the safety or convenience of vehicular or pedestrian circulation, including reasonably anticipated traffic and uses in the area; Staff response: The cocktail lounge land use will be located on an already developed site and is not anticipated to affect pedestrian or vehicular circulation. 3. Adversely affects an adjacent property or traffic control through the location, lighting, or type of signs; Staff response: The site will comply with all applicable sign regulations in the Land Development Code. COMMISSION ACTION: The Commission may either; approve, approve with conditions or deny the conditional use site plan permit. To make a determination required for approval under Section 25-5-145 (Evaluation of Conditional Use Site Plan), the Land Use Commission may require that a conditional use site plan comply with a condition of approval that includes a requirement for: 1) A special yard, open space, buffer, fence, wall, or screen; 2) Landscaping or erosion; 3) A street improvement or dedication, vehicular ingress and egress, or traffic circulation; 4) Signs; 5) Characteristics of operation, including hours; 6) A development schedule; or 7) Other measures that the Land Use Commission determines are required for compatibility with surrounding uses or the preservation of public health, safety, or welfare. 2 of 6B-21PROJECT INFORMATION Gross Site Area Existing Zoning Watershed Watershed Ordinance Traffic Impact Analysis Capitol View Corridor Proposed Access Proposed Impervious Cover Proposed Building Coverage Height Parking required: None/ CBD EXISTING ZONING AND LAND USES 1,702 sf (cocktail lounge) / 7,203 sf (gross site area) CBD Waller Creek / Lady Bird Lake Current Code N/A, not required N/A N/A (all parking provided off-site) 5,661 sf / 78.59% 1,288 sf / 17.9% 1 story Parking proposed: None/ CBD ZONING LAND USES CBD CBD CBD Rainey St then CBD Alley then CBD Cocktail Lounge (proposed) Food Truck Lot Cocktail Lounge Restaurant/Cocktail Lounge (Banger’s) Multi-family Site North South East West SUMMARY COMMENTS ON SITE PLAN: Land Use: The applicant is requesting a Conditional Use Permit for a Cocktail Lounge land use. The existing building is within the historic Rainey Street District. There are no parking requirements for this site because the zoning district CBD does not require any parking. ATD has reviewed the change in land use proposed with this CUP and the Department requires the applicant to mitigate the pedestrian traffic impacts in this area. Staff requires construction of missing sidewalks generally from the north end of 84 Rainey Street to Southern End of 82 Rainey St. This can be done via site plan exemption after approval of the CUP. The site plan complies with all requirements of the Land Development Code. NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Bike Austin City of Austin Downtown Commission Downtown Neighborhood Association El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Friends of the Emma Barrientos MACC Greater East Austin Neighborhood Association Homeless Neighborhood Association Lower Waller Creek Neighborhood Empowerment Foundation Preservation Austin Rainey Neighbors Association, INC. SEL Texas The Shore Condominium Association, Inc. Sierra Club, Austin Regional Group Tejano Town Town Lake Neighborhood Association Waterloo Greenway Willow Spence Historic District Neighborhood Association 3 of 6B-214 of 6B-211 2 3 4 SHIPPING CONTAINER (SEATING) SHIPPING CONTAINER (RESTROOM) RESUBDIVISION OF PART OF BLOCK 6, DRISKILLS AND RAINEYS SUBDIVISION VOL. 60, PG. 78, P.R.T.C.T. EXISTING COVERED BRICK PATIO SEATING AREA EXISTING WOOD RAMP & DECK BE EXISTING METAL RAMP EXISTING CONCRETE DRIVE SHIPPING CONTAINER (SEATING) EXISTING BRICK WALKWAY EXISTING COVERED CONCRETE A B D C · · LEGEND 5 D BE Y B I I N O T P R C S E D E T A D . O N 2 0 7 8 7 , S A X E T , I N T S U A 0 0 2 E T U S I , T E E R T S H T 5 T S A E 1 2 0 2 A B C D 5 8 0 5 1 - F : O N M R F I 0 6 5 5 . 9 6 6 . 2 1 5 P U C T E E R T S Y E N I A R 8 7 T E E R T S Y E N I A R 8 7 1 0 7 8 7 S A X E T , Y T N U O C S I V A R T , N I T S U A P U C - N A L P E T I S RAINEY STREET 60' R.O.W. - 25 MPH - ASPHALT NOTE: TREE LIST FIGURE 34 SPC-2019-0451A 6 10/08/2019 142 25-5 RENEE JOHNS CBD SHEET CS100 5 6 SPC-2019-0451A OF 1 2 3 4 5 of 6B-21CBD CBD T Y S E AIN R P CBD ± SUBJECT TRACT ZONING BOUNDARY 0 25 50 CASE#: ADDRESS: CASE NAME: MANAGER: SPC-2019-0451A 78 Rainey St 78 Rainey St CUP Renee Johns 100 Feet This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. This product has been produced by the Planning and Development Review Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. OPERATOR: R. Johns 6 of 6B-21