B-25 (C14-2020-0049 - Planet K South Pop Rezone, District 5) — original pdf

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C14-2020-0049 1 ZONING CHANGE REVIEW SHEET CASE: C14-2020-0049 – Planet K South Pop Rezone DISTRICT: 5 ZONING FROM: CS and GR TO: CS-1 ADDRESS: 1516 South Lamar Boulevard SITE AREA: 0.46 acres PROPERTY OWNER: AusPro Enterprises LP (Michael Kleinman) AGENT: Moncada Enterprises (Phil Moncada) CASE MANAGER: Kate Clark (512-974-1237, kate.clark@austintexas.gov) STAFF RECOMMENDATION: Staff recommends rezoning the building footprint to commercial - liquor sales (CS-1) district zoning. For a summary of the basis of staff’s recommendation, see page 2. PLANNING COMMISSION ACTION / RECOMMENDATION: June 23, 2020 Scheduled for Planning Commission CITY COUNCIL ACTION: July 30, 2020 Planned to be Scheduled for City Council ORDINANCE NUMBER: ISSUES Zilker Neighborhood Association (ZNA) Executive Committee voted to oppose this rezoning application. Their letter of opposition is in Exhibit C: ZNA Letter of Opposition. CASE MANAGER COMMENTS: This property is approximately 0.46 acres in size and is currently developed with a single commercial structure and associated parking. Adjacent to the north are properties zoned GR- MU-CO, GR-V and CS-V. To the east is South Lamar Boulevard and then properties zoned CS- V-CO, CS-V and a footprint of CS-1-V-CO. The footprint of CS-1-V-CO is for a cocktail lounge. To the south are properties zoned CS-V and CS adjacent to the west are properties zoned GR. 1 of 11B-25C14-2020-0049 2 The Applicant is requesting commercial – liquor sales (CS-1) district zoning in order to provide onsite alcoholic beverages within their existing building and covered patio space. This would be considered a cocktail lounge use and will require a conditional use permit (CUP) prior to establishing the use. BASIS OF RECOMMENDATION: 1. Rezoning should not contribute to the over zoning of the area. Zoning should allow for reasonable use of the property. The CS-1 zoning district is specifically used to permit sale of liquor on site and allows for the cocktail lounge use. Staff has historically recommended rezoning a footprint for CS-1 zoning districts and not an entire lot due to the intensity of the permitted land uses within this zone. This is done to control this type of use and its location. The Applicant is requesting to rezone their property to allow for onsite consumption of alcohol within and around their building. Staff recommends rezoning an area footprint to CS-1 based on the property’s access to a major thoroughfare which contains a mix of commercial uses and corresponding zoning. Rezoning an area footprint that covers their building and covered outside seating area would allow the property owner to conduct their requested use and not cause over zoning of CS-1 in this area. EXISTING ZONING AND LAND USES: Zoning Land Uses Site North South East CS and GR CS-V and GR-V CS-V and CS General Retail Sales Professional Office Automotive Repair Services and General Retail Sales (General) South Lamar Boulevard, CS-V and CS-1-V-CO Medical Offices, Convenience Storage and Commercial Strip Mall. West GR Professional Office and Multifamily Residential NEIGHBORHOOD PLANNING AREA: Zilker Neighborhood (Suspended) TIA: Deferred to the site plan application when land uses and intensities will be finalized. WATERSHED: West Bouldin Creek (urban) OVERLAYS: ADU Approximate Area Reduced Parking, Residential Design Standards 2 of 11B-25C14-2020-0049 3 SCHOOLS: Zilker Elementary, O. Henry Middle and Austin High School. NEIGHBORHOOD ORGANIZATIONS Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Friends of Austin Neighborhoods Friends of Zilker Homeless Neighborhood Association Neighborhood Empowerment Foundation AREA CASE HISTORIES: Perry Grid 614 Preservation Austin SELTexas Sierra Club, Austin Regional Group South Central Coalition TNR BCP - Travis County Natural Resources Zilker Neighborhood Association Number Request Commission City Council GR and CS to GR-MU-CO C14-06-0123 Ardent 1/South Lamar 1500 S. Lamar Blvd Approved GR-MU-CO as Staff recommended.; CO is to limit daily trips and a list of prohibited uses. C14-06-0124 Ardent 2 MF-3 and CS to GR-MU-CO 1418 S. Lamar Blvd Approved GR-MU-CO as Staff recommended.; CO is to limit daily trips and a list of prohibited uses. Approved GR-MU-CO; CO is for a list of prohibited uses; a public restrictive covenant was created to limit the number of trips. (4/19/07) Approved GR-MU-CO; CO is for a list of prohibited uses; a public restrictive covenant was created to limit the number of trips. (4/19/07) C14-05-0147 CS to CS-MU Miravue 1704 S Lamar Blvd Approved CS-MU-CO as Staff recommended; CO is to limit daily trips. Approved CS-MU-CO as Commission recommended. (12/15/05) 3 of 11B-25C14-2020-0049 4 Number Request Commission City Council C14-98-0030 CS to CS-1 Billiard Parlor 1513 Block of S Lamar Blvd Approved CS-1-CO as Staff recommended; CO is for ROW dedication. Approved CS-1-CO as Commission recommended, with a Public RC that allowed zoning to revert back to CS if use was discontinued for 90 days. (6/4/98) RELATED CASES: C14-2008-0060: Zilker Vertical Mixed Use Building Rezoning Opt-In/Opt-Out Process EXISTING STREET CHARACTERISTICS: Street ROW Pavement Classification Sidewalks Bike Route Capital Metro (within ¼ mile) 3 South Lamar Blvd ~98’ 100’ 58’ Yes Yes OTHER STAFF COMMENTS: Comprehensive Planning This rezoning case is located on the west side of South Lamar Boulevard on a 0.469-acre parcel that contains a retail use. The property is situated along an Activity Corridor and is not located within the boundaries of an area with an adopted neighborhood plan. Surrounding land uses include office and retail uses to the north; to the south is an auto repair shop and retail uses; to the west is an office and multifamily housing; and to the east is a convenience storage facility, an office and retail uses. The proposed use is for onsite alcohol consumption. Connectivity: Public sidewalks are located along both sides of South Lamar Blvd, and transit stops are located within 300 feet walking distance to this location. Mobility and connectivity options in this area are above average. Imagine Austin The overall goal of the Imagine Austin Comprehensive Plan (IACP) is to achieve ‘complete communities’ across Austin, where housing, services, retail, jobs, entertainment, health care, schools, parks, and other daily needs are within a convenient walk or bicycle ride of one another. 4 of 11B-25C14-2020-0049 5 The Imagine Austin Growth Concept Map, found in the Imagine Austin Comprehensive Plan, identifies this section of South Lamar Boulevard as an Activity Corridor. Activity corridors are the connections that allow people to travel throughout the city and region by bicycle, transit, or automobile and are characterized by a variety of activities and types of buildings such as retail, restaurants, parks, schools, single-family houses, apartments, civic uses, mixed-use buildings, and offices. The following Imagine Austin policies are applicable to this case. • LUT P3. Promote development in compact centers, communities, or along corridors that are connected by roads and transit that are designed to encourage walking and bicycling, and reduce health care, housing and transportation costs. • LUT P4. Protect neighborhood character by directing growth to areas of change that includes designated redevelopment areas, corridors and infill sites. Recognize that different neighborhoods have different characteristics and new and infill development should be sensitive to the predominant character of these communities. • LUT P7. Encourage infill and redevelopment opportunities that place residential, work, and retail land uses in proximity to each other to maximize walking, bicycling, and transit opportunities. Based upon the property being located along a major Activity Corridor, which supports commercial uses and; the Imagine Austin policies referenced above, which encourages development in areas that maximize biking, walking and transit opportunities and respects the predominant character of an area, this project supports the Imagine Austin Comprehensive Plan. 5 of 11B-25C14-2020-0049 6 6 of 11B-25C14-2020-0049 7 Environmental The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the West Bouldin Creek Watershed of the Colorado River Basin, which is classified as an Urban Watershed by Chapter 25-8 of the City's Land Development Code. Zoning district impervious cover limits apply in the Urban Watershed classification. According to floodplain maps there is no floodplain within or adjacent to the project location. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. This site is required to provide on-site water quality controls (or payment in lieu of) for all development and/or redevelopment when 8,000 square feet cumulative is exceeded, and on site control for the two-year storm. At this time, no information has been provided as to whether this property has any preexisting approvals that preempt current water quality or Code requirements. Site Plan Site plans will be required for any new development other than single-family or duplex residential. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. Note that South Lamar Boulevard is a Core Transit Corridor. Compatibility Standards The site is subject to compatibility standards based on a parcel within the SF-3 Zone located approximately 400 feet to the west. Along the northwest property line, the following standards apply: • For a structure more than 300 feet but not more than 540 feet from property zoned SF-5 or more restrictive, height limitation is 60 feet plus one foot for each 4 feet of distance in excess of 300 feet from the property line. Demolition and Historic Resources The applicant is responsible for requesting relocation and demolition permits once the site plan is approved. The City Historic Preservation Officer will review all proposed building demolitions and relocations prior to site plan approval. If a building meets city historic criteria, the Historic Landmark Commission may initiate a historic zoning case on the property. Additional design regulations will be enforced at the time a site plan is submitted. 7 of 11B-25C14-2020-0049 8 Transportation The Austin Strategic Mobility Plan (ASMP), adopted 04/11/2019, calls for 100 feet of right-of- way for South Lamar Blvd. It is recommended that 50 feet of right-of-way from the existing centerline should be dedicated for South Lamar at the time of subdivision or site plan. A traffic impact analysis should be deferred to the site plan application when land uses and intensities will be finalized. Austin Water Utility The landowner intends to serve the site with City of Austin water and wastewater utilities. The landowner, at own expense, will be responsible for providing any water and wastewater utility improvements, offsite main extensions, utility relocations and or abandonments required by the land use. The water and wastewater utility plan must be reviewed and approved by Austin Water for compliance with City criteria and suitability for operation and maintenance. Depending on the development plans submitted, water and or wastewater service extension requests may be required. All water and wastewater construction must be inspected by the City of Austin. The landowner must pay the City inspection fee with the utility construction. The landowner must pay the tap and impact fee once the landowner makes an application for a City of Austin water and wastewater utility tap permit. INDEX OF EXHIBITS TO FOLLOW Exhibit A: Zoning Map Exhibit B: Aerial Map Exhibit C: ZNA Letter of Opposition 8 of 11B-251 2 3 6 5 SF-3 4 6 5 E V Y A E N KIN 4 3 2 1 2 2 P 1 P 5 SF-3 A MF-2 CS SF-3 LO 24 CS 26 1 27 H E T H E R S T 14 ± 1'' = 200' 3 2 MF-6-CO 13 2 MF-4 14 CS 4 8 5 6 7 CS LAMAR SQUARE DR 15 16 1 LR 9 1A CS-MU-V-CO 22-A CS-V 21-A CS-1-V 21-B 20-A CS-MU-CO 19 17-A CS-1-V CS-V 18 2A 3 CS-V MF-3 CS-V 3 4A GR 1 GR-MU-CO SF-3 LO C O L L I E R S T 5 H21 GR-V 6 CS C 1 4-2 7 CS-V 0 2 0-0 CS 0 4 9 2 CS-V CS-V 2 ONE 1 2 4 3 5 CS-V-CO S LA M A R BLV D 3 CS-1-V-CO 2 CS-V 1 13 12 14 15 16 14 12 11 10 SF-3-NP 13 CS-MU-V-CO LOT A CS-V CS-1-V CS-1 8 CS-V CS-CO GR-MU-V-CO E V N A E E R G R E V E CS-V-MU-CO CS-V GR-MU-CO CS CS 1 SF-3 2 3 14A CS 9 CS-MU-CO H20 MF-3-H 1 2 CS 3 8 9 7 6 SF-3-NP 5 4 3 2 1 T H S T S 7 13 11 12 W ANNIE ST 10 SF-3-NP SF-3-NP 5 6 8 7 9 4 3 2 1 SF-3-NP SF-3-NP 23 T H S T S 6 13 12 SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER PLANET K SOUTH POP REZONE ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2020-0049 1516 S LAMAR BLVD 0.4675 ACRES H21 KATE CLARK This map has been produced by the Communications Technology Management Dept. on behalf of the Planning Development Review Dept. for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 9 of 11B-251 2 3 6 5 SF-3 4 6 5 E V Y A E N KIN 4 3 2 1 2 2 P 1 P 5 SF-3 A MF-2 CS SF-3 LO 24 CS 26 1 27 H E T H E R S T 14 ± 1'' = 200' 3 2 MF-6-CO 13 2 MF-4 14 CS 4 8 5 6 7 CS LAMAR SQUARE DR 15 16 1 LR 9 1A CS-MU-V-CO 22-A CS-V 21-A CS-1-V 21-B 20-A CS-MU-CO 19 17-A CS-1-V CS-V 18 2A 3 CS-V MF-3 CS-V 3 4A GR 1 GR-MU-CO SF-3 LO C O L L I E R S T 5 H21 GR-V 6 CS C 1 4-2 7 CS-V 0 2 0-0 CS 0 4 9 2 CS-V CS-V 2 ONE 1 2 4 3 5 CS-V-CO S LA M A R BLV D 3 CS-1-V-CO 2 CS-V 1 13 12 14 15 16 14 12 11 10 SF-3-NP 13 CS-MU-V-CO LOT A CS-V CS-1-V CS-1 8 CS-V CS-CO GR-MU-V-CO E V N A E E R G R E V E CS-V-MU-CO CS-V GR-MU-CO CS CS 1 SF-3 2 3 14A CS 9 CS-MU-CO H20 MF-3-H 1 2 CS 3 8 9 7 6 SF-3-NP 5 4 3 2 1 T H S T S 7 13 11 12 W ANNIE ST 10 SF-3-NP SF-3-NP SF-3-NP 23 SF-3-NP 5 8 7 9 4 3 2 1 6 13 Copyright nearmap 2015 12 T H S T S 6 SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER PLANET K SOUTH POP REZONE ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2020-0049 1516 S LAMAR BLVD 0.4675 ACRES H21 KATE CLARK This map has been produced by the Communications Technology Management Dept. on behalf of the Planning Development Review Dept. for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 10 of 11B-25Zilker Neighborhood Association letter of opposition to 1516 S. Lamar rezoning The ZNA opposes CS-1 zoning for several reasons: 1. A cocktail Lounge next door to a Foundation Communities project is inappropriate. 2. CS-1 is a high traffic-generator. Parking at this site and access/egress from South Lamar is extremely tight. CS-1 would create traffic issues and parking spillover that would affect nearby residents, businesses, and the vehicular traffic on South Lamar. 3. This location has an outdoor stage at the back of the property. There are 4 large residential complexes within 200 feet of this property (including Foundation Communities) that would be affected by amplified sound, which has an 85db limit for CS-1 zoning. A restaurant would be limited to 70 dB (less than 1/2 the sound energy on the logarithmic decibel scale). 4. South Lamar is saturated with alcohol sales. Below are pre-coronavirus totals for the month of January, not including wine or beer. Planet K is an iconic place on South Lamar and in the Zilker Neighborhood, and it would be a shame to see it become another homogenous bar in an entertainment district. Even if this isn't the current owner's vision, zoning is incentivizing, it applies to the land, and it is permanent. Dave Piper President, Zilker Neighborhood Association Alcohol sales for January between Barton Springs Road and Oltorf Street, not including wine or beer (establishments over $50,000) Source: TABC. In addition, there are large sales volumes for alcohol on the rest of South Lamar. Alamo Drafthouse (includes Highball) $368,620 Eberly $202,154 Black Sheep $158,870 Odd Duck $138,627 Gibson Bar (bar; zoned CS-1) $134,423 Golden Goose (bar; zoned CS-1) $84,285 Saxon PUB (bar; zoned CS-1) $84,044 Corner Bar (bar; zoned CS-1) $75,568 Barton Springs Saloon (bar; waterfront overlay) $72,525 TLC $64,402 Soto $61,527 Bouldin Acres $54,934 (one week only; opened Jan 23) Maudie’s Café $52,628 11 of 11B-25