B-07 (SPC-2019-0357C - 73 Rainey St, District 9).pdf — original pdf

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PLANNING COMMISSION SITE PLAN CONDITIONAL USE PERMIT REVIEW SHEET CASE NUMBER: SPC-2019-0357C PC DATE: 3/09/21 PROJECT NAME: 73 Rainey ADDRESS OF APPLICATION: 73 Rainey St. AREA: 1,674 sf of enclosed cocktail lounge space, 3,054 square feet of outdoor cocktail lounge space located on COUNCIL DISTRICT: 9 outdoor patio and 1,369 for food preparation. A total of 4,728 square feet of cocktail lounge space. (512) 354-4682 (310) 560-5703 Phone: (512) 974-2711 Renee.Johns@austintexas.gov 73 Rainey Partners LLC 515 W 7th St Los Angeles, California 90014 360 Professional Services, Inc. (Scott Foster, PE) P.O. Box 3639 Cedar Park, Texas, 78630 APPLICANT: AGENT: CASE MANAGER: Renee Johns PROPOSED USE: Cocktail Lounge EXISTING ZONING: CBD NEIGHBORHOOD PLAN: NA PROPOSED DEVELOPMENT: The applicant is proposing a redevelopment of a site and a change of use from restaurant to cocktail lounge. The applicant is requesting a conditional use permit for the cocktail lounge use. It will consist of 1,674 square feet of CUP cocktail lounge space located inside, 3,054 square feet of cocktail lounge located outside for a total of 4,728 square feet of CUP cocktail lounge space. The hours of operation will be Monday – Sunday 12pm to 2am. 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. 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: NA, CBD zoning 4,728 sf cocktail lounge (1,674 inside, 3,054 outside) / 7,717 sf (gross site area) CBD Lady Bird Lake Current Code NA, less than 2000 trips per day Not applicable Rainey (just to required accessible parking) 3,043 / 39.4% 16000 sf / 100% 1 story, 18.5’ Parking proposed: None, not required in CBD zoning 1 of 7B-7 EXISTING ZONING AND LAND USES Site North South East West CBD CBD CBD Alley then CBD Rainey St. then CBD ZONING LAND USES (proposed) Cocktail Lounge Food truck site Single family Current: Vacant/ Proposed: Hotel Mixed use building including Multifamily/Restaurant and Business Offices (currently under construction) 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 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, while there is a single family use next to the proposed site, several other cocktail lounges exist along this street. Additionally, this cocktail lounge is a one story bungalow. 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. 2 of 7B-7 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. SUMMARY COMMENTS ON SITE PLAN: Land Use: The applicant is requesting a Conditional Use Permit for a Cocktail Lounge land use. The use will consist of 1,674 square feet inside and 3,054 outside, for a total of 4,728 square feet of cocktail lounge space. 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: 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 Town Lake Neighborhood Association Tejano Town Waller District Staff Liaison Waterloo Greenway Austin Independent School District Austin Neighborhoods Council Bike Austin City of Austin Downtown Commission Del Valle Community Coalition Downtown Austin Alliance Downtown Austin Neighborhood Assn. (DANA) East Austin Conservancy East Cesar Chavez Neighborhood Association East Cesar Chavez Neighborhood Plan Contact Team El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Friends of the Emma Barrientos MACC Greater East Austin Neighborhood Association Guadalupe Neighborhood Development Corporation 3 of 7B-74 of 7B-75 of 7B-76 of 7B-77 of 7B-7