B-17 (SPC-2020-0073A - 75 Rainey CUP; District 9) — original pdf

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PLANNING COMMISSION SITE PLAN CONDITIONAL USE PERMIT REVIEW SHEET 75 Rainey St. 75 Rainey CUP SPC-2020-0073A PC DATE: 5/26/20 WGI (Cliff Kendall) 2021 E. 5th St. Suite 200 Austin, TX 78702 (512) 669-5560 Ashland Rainey LLC & EW Renovating Rainey LLC 165 W 73rd New York, New York 10023 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 on an empty lot in the historic Rainey Street District, totaling a 6,400 square feet lot. The lot was previously a food truck park. 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 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. 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 1 of 6B-17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-17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 6400 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) 3200 sf / 50% 160 sf / 2.5% 1 story Parking proposed: None/ CBD ZONING LAND USES CBD CBD CBD Alley St then CBD Rainey St then CBD Cocktail Lounge (proposed) Cocktail Lounge Current Use Restaurant/ Proposed Cocktail Lounge Hotel Condos 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 Del Valle Community Coalition East Austin Conservancy East Cesar Chavez Neighborhood Association El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Friends of the Emma Barrientos MACC Greater East Austin Neighborhood Association Guadalupe Neighborhood Development Corporation Homeless Neighborhood Association Lower Waller Creek Neighborhood Empowerment Foundation Neighbors United for Progress 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 6B-174 of 6B-17CBD CBD P T Y S E AIN R CBD E V A T S A E CBD RIVER ST CBD DMU-CO ± SUBJECT TRACT ZONING BOUNDARY 0 37.5 75 CASE#: ADDRESS: CASE NAME: MANAGER: SPC-2020-0073A 75 Rainey St. 75 Rainey CUP Renee Johns 150 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 5 of 6B-171 2 3 4 5 LEGEND A B C D RAINEY STREET 60' R.O.W. - 25 MPH - ASPHALT PROPERTY BOUNDARY GRAVEL FOOD TRUCK COURT EXISTING BUILDING EXISTING BUILDINGS EXISTING BUILDING 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 5 7 T E E R T S Y E N I A R 5 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 GRAVEL ALLEYWAY NOTE: SPC-2020-0073 5 02/19/2020 142 25-5 RENEE JOHNS CBD SHEET CS100 5 4 SPC-2020-0073 OF FIGURE 34 1 2 3 4 6 of 6B-17