23 SPC-2023-0280A - Axis; District 9.pdf — original pdf

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PLANNING COMMISSION SITE PLAN CONDITIONAL USE PERMIT REVIEW SHEET CASE NUMBER: SPC-2023-0280A PLANNING COMMISSION DATE: 1/23/2024 COUNCIL DISTRICT: 9 PROJECT NAME: Axis PROPOSED USE: Restaurant with Late Hours ADDRESS OF APPLICATION: 519 W 37th Street AREA: 1,225 square feet, part of .287-acre tract APPLICANT: AGENT: Arturo Veliz 720 Airport Blvd. #1165 Austin, TX 78702 LBE Ventures Group LLC 519 west 37th Street Austin, TX 78705 CASE MANAGER: Clarissa Davis Telephone: 974-1423 Clarissa.Davis@austintexas.gov EXISTING ZONING: CS-NCCD-NP The applicant is requesting a Conditional Use Permit for Late Hours for an existing restaurant within an existing building. Restaurants with Late Hours are a conditional use. PROPOSED DEVELOPMENT: No construction is proposed with this plan; all uses will take place in existing structures. The restaurant’s current hours are Monday- Friday 4pm – 11pm, Saturday 12pm – 1am, and Sunday 12pm-12am. They are requesting to be open until 2 a.m. SUMMARY STAFF RECOMMENDATION: Staff recommends approval of the Conditional Use Permit. The site plan complies with all requirements of the Land Development Code prior to its release. PREVIOUS PLANNING COMMISSION ACTION: N/A AREA STUDY: North University Neighborhood WATERSHED: Walnut Creek (Urban) APPLICABLE WATERSHED ORDINANCE: Current/ Comprehensive watershed ordinance CAPITOL VIEW: Not in View Corridor T.I.A.: Not Required 1 of 723 SPC-2023-0280A - Axis; District 9 RESTAURANT AREA: 1,225 sq ft EXISTING BLDG. CVRG: 28% EXISTING IMP. CVRG: 72 PROPOSED HEIGHT: n/a PROVIDED PARKING: 13 PROPOSED USE: Restaurant w/Late Hours PROJECT INFORMATION: ZONING: CS-NCCD-NP MAX. BLDG. COVERAGE: 95% MAX. IMPERV. CVRG.: 95% MAX HEIGHT: 60’ REQUIRED PARKING: 13 EXIST. USE: Restaurant SUMMARY COMMENTS ON SITE PLAN: Land Use: The applicant is requesting Late Hours for an existing restaurant. There is no construction proposed with this site plan, and it will comply with all requirements of the Land Development Code prior to its release. There are Commercial adjacent to the property. Staff recommends approval of the conditional use permit. Environmental: The site is in the Walnut Creek watershed, which is an Urban Watershed. There is no increase in impervious coverage and no known Critical Environmental Features are located onsite. Transportation: Current vehicular access is available from W. 37th Steet. All parking exists and is provided onsite. SURROUNDING CONDITIONS: Zoning/ Land use North: CS-NCCD-NP (Commercial Retail) East: LO-NCCD-NP (Commercial/ Single-Family) South: CS-NCCD-NP (Commercial) West: CS-CO-NP (Commercial) R.O.W. 20’ Surfacing 20’ Classification Level 1 Street W 37th. Street NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District, Austin Lost and Found Pets, Austin Neighborhoods Council, CANPAC (Central Austin Neigh Plan Area Committee), Central Austin Community Development Corporation, Friends of Austin Neighborhoods, Friends of Sparky Park, Homeless Neighborhood Association, My Guadalupe, Neighborhood Empowerment Foundation, North University Neighborhood Association, North University Neighborhood Association Development Review Committee, Preservation Austin, SELTexas, Sierra Club, Austin Regional Group. 2 of 723 SPC-2023-0280A - Axis; District 9CONDITIONAL USE PERMIT REVIEW AND EVALUATION CRITERIA The following evaluation is included to provide staff position 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. 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: This application is compatible with the abutting sites. 4. Provide adequate and convenient off-street parking and loading facilities; Staff response: Adequate parking and loading has been provided. 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 these adverse effects. 6. For conditional use located within the East Austin Overlay district, comply with the goals and objectives of a neighborhood plan adopted by the City Council for the area in which the use is proposed. Staff response: The proposed project is not in the East Austin Overlay district. A Conditional Use Site Plan May Not: 1. More adversely affect an adjoining site than would a permitted use; Staff response: The use has been in place for many years and is surrounded by commercial and single-family use. It will not more adversely impact adjoining sites 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: Safety and convenience of vehicular and pedestrian circulation will not be adversely impacted. 3. Adversely affects an adjacent property or traffic control through the location, lighting, or type of signs; Staff response: No signage or lighting is proposed that would affect adjacent properties or traffic control. 3 of 723 SPC-2023-0280A - Axis; District 94 of 723 SPC-2023-0280A - Axis; District 9CONDITIONAL USE PERMIT AXIS BAR 519 W. 37TH STREET AUSTIN, TEXAS 78705 JULY 19, 2023 SHEET INDEX SHEET NUMBER DESCRIPTION 1 2 3 COVERSHEET ZONING MAP SITE PLAN / IMPERVIOUS COVER BUSINESS OWNER LBE VENTURES, LLC 519 WEST 37TH STREET AUSTIN, TEXAS 78705 CONTACT: MARTIN VELIZ EMAIL: MartinVeliz3@gmail.com Phone#: (210) 860-7780 www.axisguad.com LEGAL DESCRIPTION: LOT 1 & 2 BLK 1 OLT 77 DIV D LAKEVIEW ADDN, BOOK 2, PAGE NUMBER 199, PLAT RECORDS OF TRAVIS COUNTY, TEXAS PROPERTY LOCATION: 519 WEST 37TH STREET, AUSTIN, TEXAS 78705 ZONING: CS-NCCD-NP LAND USE SUMMARY: 1. RESTAURANT/BAR 2. MINI-LUBE / TUNE-UP GENERAL PERMIT PROGRAM CORRECTIONS RECORD FOR USE BY GENERAL PERMIT OFFICE ONLY NO DESCRIPTION BY APPROVAL DATE CORRECT (C) ADD (D) VOID (V) SHEET NO.'s TOTAL # SHEETS IN CORRECTION PLAN SET GENERAL PERMIT PROGRAM APPROVAL 4 5 7 4 h a : R E S U , M P 2 3 : 3 : E M T I , 3 2 0 2 , 3 1 r e b m e c e D : E T A D g w d . T E E H S R E V O C N A L P E T S S X A \ I I \ \ : D : E M A N E L I F PROJECT SITE ______________________________DATE:_____________ DEPT DEVELOPMENT SVCS APPROVED BY: PERMIT NUMBER LOCATION MAP NOT TO SCALE ______________________________DATE:_____________ WATERSHED STATUS - THIS PROJECT IS LOCATED IN THE WALLER CREEK, IS CLASSIFIED AS URBAN THIS SITE IS NOT OVER THE EDWARD'S AQUIFER RECHARGE ZONE NO PORTION OF THE SITE LIES WITHIN THE 100 YEAR FLOOD PLAIN, ACCORDING TO THE FLOOD INSURANCE RATE MAP, PANEL NO. 48453C0165E, DATED JUNE 1993 FOR TRAVIS COUNTY, TEXAS. THERE ARE NO CRITICAL ENVIRONMENTAL FEATURES WITHIN 150 FEET OF THE SITE. THE PROJECT COMPLIES WITH WATERSHED PROTECTION REGULATIONS AS STATED IN THE LDC. THE PROPOSED SITE LIES INSIDE THE CITY OF AUSTIN LIMITS AND IS SUBJECT TO TRANSPORTATION REQUIREMENTS REGARDING PARKING, DRIVEWAYS, AND INTERNAL CIRCULATION. CASE NUMBER# SPC-2023-0280A DATE: JULY 19, 2023 R THE INFORMATION SHOWN ON THESE DRAWINGS INDICATING SIZE, TYPE AND LOCATION OF UNDERGROUND, SURFACE, AND AERIAL UTILITIES IS NOT GUARANTEED TO BE EXACT OR COMPLETE. THE CONTRACTOR SHALL CONTACT THE "TEXAS 811" SYSTEM AT 1-800-344-8377 (DIG TESS) 48 HOURS PRIOR TO BEGINNING ANY EXCAVATION FOR EXISTING UTILITY LOCATIONS. THE CONTRACTOR SHALL ALSO BE FULLY RESPONSIBLE FOR FIELD VERIFYING LOCATIONS AND ELEVATIONS OF ALL EXISTING UTILITIES AFFECTED BY CONSTRUCTION FOR THIS PROJECT IN ORDER TO AVOID DAMAGING THOSE UTILITIES, AND SHALL IMMEDIATELY ARRANGE FOR REPAIR AND RESTORATION OF CONTRACTOR-DAMAGED UTILITIES TO THE UTILITY COMPANY'S APPROVAL AT THE EXPENSE OF THE CONTRACTOR. Know what'sbelow. Call before you dig. SHEET 1 OF 3 5 of 723 SPC-2023-0280A - Axis; District 9/// /// /// /// W. 37TH ST. 0 /// 20 40 /// 80 SCALE IN FEET /// /// /// /// /// /// ' 0 . 9 18.5' ' 5 . 8 1 X ' 0 . 9 @ G E R 3 I E L B S S E C C A - 1 ' 0 . 9 E C A P S 24.0' PATIO F S 5 2 2 , 1 = T N A R U A T S E R R A B / : E S U G N T S X E I I I S E C V R E S L A C R E M M O C I , S C : I G N N O Z E D A R G N O B A L S : I E P Y T N O T A D N U O F 1 : I S E R O T S F O R E B M U N ' 6 1 : I T H G E H G N D L I U B I ' 9 . 1 9 5 : E F F I S X A 8.5' ' 5 . 8 1 3 REG SPACES 8.5' X 18.5' T E E R T S E P U L A D A U G /// / / / / / / / / / / / / / / / / / / / BACK ALLEY NOTE: NO PROPOSED IMPROVEMENTS HAVE BEEN MADE OR WILL BE MADE SINCE SITE PLAN RELEASE FILE #SP-01-0030C DATED 6/1/04 LBE VENTURES GROUP, LLC DBA - AXIS 509 WEST 37TH STREET, AUSTIN, TEXAS 78705 PRELIMINARY This document shall not be used of viewed or relied upon as a final survey document. Issued: 07/19/2023 Scale: Drawn By: 1" = 40' JSG AVO: MISCELLANEOUS LOCATION AND SITE PLAN 6 of 723 SPC-2023-0280A - Axis; District 9ZONING: CS-CO-NP AUSPRO ENTERPRISES LP DOC# 2011127310 P.R.T.C.T. W E ST 37T H ST R E ET P O-N S-C G: C NIN O Z D T S L R R T 7 O 6 V 3 A 1 E 5 2 D 2 N 0 L E 0 # 2 A C PIT O D A C P.R.T.C.T. M AID E N LA N E T E E R T E S P U L A D A U G ZONING: CS-NCCD-NP GROOVEY LUBE LLC DOC# 2011059868TR P.R.T.C.T. KD GUADALUPE LLC DOC# 2022180574 P.R.T.C.T. ZONING: CS-NCCD-NP W E ST 37T H ST R E ET MILLER J & E FAMILY LIMITED PARTNERSHIP DOC# 2011154004TR P.R.T.C.T. ZONING: LO-NCCD-NP N A L P A R T 5 5 1 6 S A. C 9 0 0 1 0 E # 2 L JU C O D P.R.T.C.T. P D-N C C O-N G: L NIN O Z N A L P A P D-N C C O-N G: L NIN O Z R T 5 5 1 6 S A. C 9 0 0 1 0 E # 2 L JU C O D P.R.T.C.T. N A L P A R T 5 5 1 6 S A. C 9 0 0 1 0 E # 2 L JU C O D P.R.T.C.T. P D-N C C O-N G: L NIN O Z W E ST 35T H ST R E ET ZONING: CS-CO-NP AMYS ICE CREAMS INC DOC# 2004198680TR P.R.T.C.T. P D-N C C S-N G: C NIN O Z C 5 IN A P C L S L 6 T 8 N 1 E 5 4 M 0 T 0 S 2 E 0 # 2 V C O D P.R.T.C.T. W E ST 35T H ST R E ET T S U R N T LIA 3 6 9 2 9 1 9 1 0 E # 2 NIF C N O D P D-N C C R McMIL P.R.T.C.T. F-3-N G: S NIN O Z N & JE H JO Revision No. Date Description ZONING MAP Scale: Drawn By: 07/19/2023 1" = 80' JSG INCLUDING ALL ADJOINER PROPERTIES SHEET 3 OF 3 7 of 723 SPC-2023-0280A - Axis; District 9