B-21 (SPC-2019-0590A - 76 Rainey CUP; District 9)

Planning Commission – May 12, 2020

B-21 (SPC-2019-0590A - 76 Rainey CUP; District 9) — original pdf

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PLANNING COMMISSION SITE PLAN CONDITIONAL USE PERMIT REVIEW SHEET 76 Rainey St. 76 Rainey CUP SPC-2019-0590A PC DATE: 4/28/20 Regalado Joe Martin 7712 Kiva Dr. Austin, TX 78749 WGI (Cliff Kendall) 2021 E. 5th St. Suite 200 Austin, TX 78702 (512) 669-5560 CASE NUMBER: PROJECT NAME: ADDRESS: APPLICANT: AGENT: CASE MANAGER: Renee Johns, (512) 974-2711 or at Renee.Johns@austintexas.gov WATERSHED: Waller Creek/Lady Bird Lake 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 2,000 sf of indoor space and 3,500 sf of outdoor covered and uncovered areas, for a grand total of 5,500 sf of CUP Cocktail Lounge space. The hours of operation will be Monday – Wednesday 5pm to 2am, Thursday 4pm to 2am, and Saturday and Sunday 11am 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 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 10211 of 102. 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 10212 of 10PROJECT 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 5,500 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) 3518.67 sf / 48.9% 1,484 sf / 20.6% 1 story Parking proposed: None/ CBD ZONING LAND USES CBD CBD CBD Rainey St then CBD Alley then CBD Cocktail Lounge (proposed) Cocktail Lounge Multi-family / Mixed Use Cocktail Lounge (Lucille) Civic (Mexican American Cultural Center) 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. 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 3 of 10213 of 104 of 10214 of 10A B C D 1 2 3 4 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 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 6 7 T E E R T S Y E N I A R 6 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 SITE BOUNDARY EXISTING DECKING OVERHANG EXISTING CONCRETE WALL RESUBDIVISION OF PART OF BLOCK 6, DRISKILLS AND RAINEYS SUBDIVISION VOL. 60, PG. 78, P.R.T.C.T. EXISTING GREASE INTERCEPTOR FUTURE LARGE DIAMETER CLEANOUT TO BE INSTALLED BY OTHERS REFERENCE DETAIL 520-AW-01C ON SHEET C003 BE EXISTING SIDEWALK EXISTING DRIVE NOTE: · · 1 2 3 4 SPC-2019-0590A 5 12/20/2019 142 25-5 RENEE JOHNS FIGURE 34 CBD SHEET CS101 5 4 SPC-2019-0590A OF 5 of 10215 of 10From: T.J.Kniveton <tj@kniveton.com> Sent: Tuesday, April 28, 2020 1:47 PM To: Johns, Renee <Renee.Johns@austintexas.gov>; greg.anderson@austintexas.gov; awais.azhar@austintexas.gov; yvette.flores@austintexas.gov; claire.hempel@austintexas.gov; patrick.howard@austintexas.gov; fayez.kazi@austintexas.gov; conor.kenny@austintexas.gov; carmen.llanes@austintexas.gov; robert.schneider@austintexas.gov; patricia.seeger@austintexas.gov; todd.shaw@austintexas.gov; james.shieh@austintexas.gov; jeffrey.thompson@austintexas.gov; don.leighton-burwell@austintexas.gov; richard.mendoza@austintexas.gov; ann.teich@austintexas.gov; Azhar, Awais - BC <BC-Awais.Azhar@austintexas.gov>; Flores, Yvette - BC <bc- Yvette.Flores@austintexas.gov>; Hempel, Claire - BC <BC-Claire.Hempel@austintexas.gov>; Howard, Patrick - BC <BC-Patrick.Howard@austintexas.gov>; Kazi, Fayez - BC <bc-Fayez.Kazi@austintexas.gov>; Kenny, Conor - BC <BC-Conor.Kenny@austintexas.gov>; Llanes, Carmen - BC <bc- Carmen.Llanes@austintexas.gov>; Schneider, Robert - BC <BC-Robert.Schneider@austintexas.gov>; Seeger, Patricia - BC <bc-Patricia.Seeger@austintexas.gov>; Shaw, Todd - BC <BC- Todd.Shaw@austintexas.gov>; Shieh, James - BC <bc-James.Shieh@austintexas.gov>; Thompson, Jeffrey - BC <bc-Jeffrey.Thompson@austintexas.gov>; Leighton-Burwell, Don - BC <bc-Don.Leighton- Burwell@austintexas.gov> Cc: Rivera, Andrew <Andrew.Rivera@austintexas.gov>; Lopez, Erika Law <Erika.Lopez.Law@austintexas.gov> Subject: CITIZEN COMMENTS FOR APRIL 28, 2020 PLANNING COMMISSION MEETING RE: SPC-2019-0590A - 76 Rainey CUP; District 9 *** External Email - Exercise Caution *** Hello, the following are my comments for consideration at the April 28th meeting, Item #5, I would have registered to speak prior to today, but we as next-door neighbors were not made aware that 76 Rainey Street owner had applied for this conditional use permit, until this morning. Please accept these comments from the owner of an adjacent property. While it is true that other cocktail bars operate within this district, the business operating at 76 Rainey Street, “UNBARLIEVABLE”, is a special case. They are a notoriously bad neighbor and routinely abuse the limitations of the permit under which they’re operating. They causes abnormally high number of calls for police service, and are not operating under their existing permitted use as a Restaurant; they are already operating as a Cocktail Bar, which is one of the reasons this CUP should not be granted. A conditional use site plan must: 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. This conditional use site plan does not protect nearby persons and property from noises and other adverse effects, as required. 6 of 10216 of 10A 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. The proposed site plan would adversely affect the adjoining sites (including my residence), and the operator at 76 Rainey Street has shown a disregard for the neighborhood and should not be allowed additional leeway with a less restrictive conditional use permit. • 2. 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. While the staff have considered sign regulations, the last part of this restriction, they have not addressed the more important aspects, which include how the CUP would adversely affect adjacent properties. I would urge your staff to table this proposal and do further research, including an inquiry with the 911 and 311 dispatch centers as to the volume and type of calls for this property (operating as a “restaurant”), and conduct discussions with neighbors to gather their input on the history of this property and its operator. Unbarlievable has exhibited such poor treatment of customers, neighbors and the community, that it has garnered local press coverage for the same. The current evaluation and staff recommendation before you tonight does not reflect the entirety of the situation that should be considered in evaluating this request. Therefore, I ask that you please deny this proposed CUP. Sincerely, Timothy Kniveton 70 Rainey St. Austin, TX 78701 7 of 10217 of 108 of 10218 of 109 of 10219 of 10CBD P CBD T Y S E AIN R CBD RIVER ST CBD ± SUBJECT TRACT 0 40 80 ZONING BOUNDARY CASE#: ADDRESS: CASE NAME: MANAGER: SPC-2019-0590A 76 Rainey St. 76 Rainey CUP Renee Johns 160 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 10 of 102110 of 10