26 SPC-2023-0341A - PINS Mechanical CUP, District 3.pdf — original pdf

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PLANNING COMMISSION SITE PLAN CONDITIONAL USE PERMIT REVIEW SHEET (512) 476-4456 (512) 974-2140 SPC-2023-0406A PINS Mechanical CUP PC DATE: February 27, 2024 Heather.chaffin@austintexas.gov 9.333 acre site; 3,412 sq. ft. footprint Williamson Creek (Suburban) 4323 South Congress, Building B 3 East Congress Thrower Design, A. Ron Thrower P.O. Box 41957 Austin, TX 78704 SE Austin Global Land, LLC and St. Elmo Apartments, LP, LLC 4901 Keller Springs Road, Suite 101 Addison, Texas 75001 CASE NUMBER: PROJECT NAME: ADDRESS: COUNCIL DISTRICT: NEIGBORHOOD PLAN: APPLICANT: AGENT: CASE MANAGER: Heather Chaffin AREA: WATERSHED: WATERSHED ORDINANCE: Comprehensive Watershed Ordinance N/A T.I.A.: CAPITOL VIEW: N/A PROPOSED DEVELOPMENT: The applicant is requesting a conditional use permit for a cocktail lounge use within an existing building. The proposed cocktail lounge area is 3,412 square feet total within an existing building. No construction is proposed with this land use site plan. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit. The proposed land use site plan complies with all requirements of the Land Development Code. PROJECT INFORMATION: 3,412 sq. ft. footprint EXISTING ZONING: LI-PDA-NP ALLOWED F.A.R.: 1.5:1 MAX. BLDG. COVERAGE: 75% MAX. IMPERVIOUS COVER: 80% REQUIRED PARKING: 612 PROPOSED ACCESS: E. St Elmo Rd and Industrial Blvd *See the attached Site Plan sheet for the calculations of the entire lot. SUMMARY COMMENTS ON SITE PLAN: Land Use: The property is zoned LI-PDA-NP (Limited Industrial Services-Planned Development Area- Neighborhood Plan). Zoning established by Ordinance No. 20141120-137 establishes Cocktail Lounge as a conditional use. The 9.33 acre site includes multifamily, restaurant, brewery and food sales land uses. The Applicant proposes developing 3,412 square feet of cocktail lounge along with 35,196 square feet of indoor sports and recreation and 9,480 square feet of outdoor sports of recreation in and adjacent to EXISTING F.A.R.: 1.25:1 EXISTING BLDG. COVER: 37.89% EXISTING IMPERVIOUS COVER: 64.17% PROVIDED PARKING: 655 PIN Mechanical CUP Building B. Indoor and outdoor sports and recreation are permitted uses per the approved zoning ordinance. There are no schools, churches, or hospitals within 300 feet of the subject site. Staff recommends approval of the conditional use permit request. SPC-2023-0406A 2 Environmental: The site is located in the Williamson Creek Watershed and subject to the Suburban Watershed regulations. There were no Environmental review comments. No construction is proposed with this Land Use application. Transportation: All parking spaces are located on-site. All Transportation comments have been cleared. Access to the site is available from Congress Avenue, East St Elmo Road and Industrial Boulevard. SURROUNDING CONDITIONS: Zoning/ Land Use North: LI-CO-NP, Multifamily East: LI-CO-NP, Multifamily South: LI-CO-NP, Vacant/Warehouse West: LI-CO-NP, Multifamily & Storage NEIGHBORHOOD ORGNIZATIONS: Austin Heritage Tree Foundation Austin Independent School District Austin Neighborhoods Council Battle Bend Springs HOA Bike Austin Go!Austin/Vamos!Austin (GAVA)-78745 Far South Austin Community Assn. Friends of Austin Neighborhoods Greenwood Hills-Colonial Park Neigh. Assn. CONDITIONAL USE PERMIT D. 25-5-145. A site plan may not adversely affect the public health, safety, or welfare, or materially injure property. If the Land Use Commission determines that a site plan has an adverse effect or causes a material injury under this subsection, the Land Use Commission shall identify the adverse effect or material injury. Homeless Neighborhood Association Onion Creek Homeowners Assoc. Perry Grid 644 Preservation Austin SEL Texas Sierra Club, Austin Regional Group South Congress Combined Neighborhood Plan South Park Neighbors Southeast Corner Alliance of Neigh (SCAN) § 25-5-146 CONDITIONS OF APPROVAL. (A) 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: a special yard, open space, buffer, fence, wall, or screen; landscaping or erosion; a street improvement or dedication, vehicular ingress & egress, or traffic circulation; signs; characteristics of operation, including hours; a development schedule; or other measures that the Land Use Commission determines are required for (1) (2) (3) (4) (5) (6) (7) compatibility with surrounding uses or the preservation of public health, safety, or welfare. CONDITIONAL USE PERMIT REVIEW AND EVALUTATION CRITERA A. The following evaluation is included to provide staff position on each point of the conditional use PIN Mechanical CUP SPC-2023-0406A 3 permit criteria. Section 25-5-145 of the Land Development Code states: “The Planning 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: B. 1. Comply with the requirements of this title; Staff Response: This site plan complies with all regulations and requirements of the Land Development Code. 2. Comply with the objectives and purposes of the zoning district; Staff Response: The proposed cocktail lounge use is a conditional use within the LI-PDA-NP zoning district. 3. Have building height, bulk, scale, setback, open space, landscaping, drainage, access, traffic circulation, and use that is compatible with the use of an abutting site; Staff Response: The site plan complies with all requirements of the Land Development Code. 4. Provide adequate and convenient off-street parking and loading facilities; and Staff Response: Adequate parking and loading facilities are provided on-site. 5. Reasonably protect persons and property from erosion, flood, fire, noise, glare, and similar adverse effects. Staff Response: The site plan will comply with all requirements of the Land Development Code and reasonably protects the health, safety, and welfare of persons and property. 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. C. In addition, a conditional use site plan may not: 7. More adversely affect an adjoining site than would a permitted use; Staff Response: A cocktail lounge would not more adversely affect an adjoining use than would a permitted use. 8. Adversely affect the safety or convenience of vehicular or pedestrian circulation, including reasonably anticipated traffic and uses in the area; or Staff Response: The site plan does not adversely affect the safety and convenience of vehicular and pedestrian circulation. 9. Adversely affect an adjacent property or traffic control through the location, lighting, or type of a sign. Staff Response: All signs and lighting will comply with the Land Development Code.  Via Electronic Delivery October 5, 2023 Mr. Jose Roig Director, Development Services Dept. City of Austin 6310 Wilhelmina Delco Dr. Austin, TX 78752 Dear Mr. Roig: Re: PINS Mechanical Cocktail Lounge CUP – 4323 Congress Avenue On behalf of the Owner(s) of the property referenced above, we respectfully submit the enclosed Conditional Use Permit Application. The property is zoned LI-PDA-NP per Ord. No. 20141120-137. The existing development of the property is per SP-2017-0210C, and per DA-2017-0210C. The requested CUP is for a Cocktail Lounge use of less than 5,000 square feet within Building #3. The remainder of Building #3 is proposed for a change of use from Restaurant, Food Sales, and Brewery to Indoor Sports & Recreation and Outdoor Sports & Recreation. We respectfully request support for the requests made. Please contact our office should you have need for additional information. Thank you for your time and attention to this application. Kind regards, Victoria Haase www.throwerdesign.com 512-998-5900 Cell 512-476-4456 Office  Via Electronic Delivery Re: PINS Mechanical Cocktail Lounge CUP – 4323 Congress Avenue With this letter, we are formally amending the request of this CUP application, case SPC-2023-0406. This amendment changes the square feet of Cocktail Lounge from 4,985 square feet, as originally requested, to 3,412 square feet. While not necessarily subject to the CUP process, the square feet for the Indoor Sports and Recreation, Outdoor Sports and Recreation have also changed. For clarity, below are the numbers originally submitted and the numbers, as amended with this letter. The numbers of the “Amended Request” above were included in the update documents submitted on January 24, 2024 Ms. Heather Chaffin Planning Officer Development Services Dept. City of Austin 6310 Wilhelmina Delco Dr. Austin, TX 78752 Dear Ms. Chaffin: Initial Request: Amended Request: January 17, 2024. Kind regards, Victoria Haase www.throwerdesign.com 512-998-5900 Cell 512-476-4456 Office OWNER/DEVELOPER OWNER/DEVELOPER SUBMITTAL DATE: OCTOBER 11, 2023 PINS MECHANICAL CONDITIONAL USE PERMIT CONSOLIDATED SITE PLAN 4323 SOUTH CONGRESS AVENUE SHEET INDEX SHEET 1 SHEET 2 SHEET 3 COVER SHEET PLAT SITE PLAN SITE APPROVALS OWNER'S REP FOR CONDITIONAL USE PERMIT LEGAL DESCRIPTION RELATED CASE NO. LOCATION INFO WATERSHED STATUS FLOODPLAIN INFORMATION LOCATION MAP N.T.S. CONDITIONAL USE PERMIT APPROVED: _______, 2024 No. Description Approval - Date REVISIONS / CORRECTIONS Revise (R) Add (A) Void (V) Sheet No.'s Total # Sheets in Plan Set Net Change Imp. Cover (SF) Total Site Imp. Cover (SF) Total Site Imp. Cover (%) n g i s e D r e w o r h T 6 5 4 4 - 6 7 4 ) 2 1 5 ( 4 0 7 8 7 S A X E T , I N T S U A 7 5 9 1 4 X O B . O P . S R E N N A L P D N A L y n a n i d e s u r o d e h s i l b u p , d e t u b i r t s i d , d e c u d o r p e r e b t o n t s u m d n a . c n I , p u o r G n g i s e D . c n I , p u o r G n g i s e D C M A f o t n e s n o c n e t t i r w r o i r p e h t f o e c n e s b a e h t n i r e n n a m r e h t o C M A f o y t r e p o r p l a i t n e d i f n o c d n a e v i s u l c x e e h t s i l a i r e t a m r e h t o r o c i h p a r g s i h T © T I M R E P E S U L A N O I T I D N O C I L A C N A H C E M S N P I T E K R A M C I L B U P O M L E T N A S I E U N E V A S S E R G N O C H T U O S 3 2 3 4 S A X E T , I N T S U A SITE PLAN APPROVAL FILE NUMBER: SPC-2023-0406 APPLICATION DATE: 10/11/23 APPROVED BY PLANNING COMMISSION ON UNDER SECTION 112 OF CHAPTER 25-5 OF THE CITY OF AUSTIN CODE. EXPIRATION DATE (25-5-81, LDC) CASE MANAGER HEATHER CHAFFIN PROJECT EXPIRATION DATE (ORD. #970905-A) DWPZ DDZ COVER SHEET Director, Development Services Department RELEASED FOR GENERAL COMPLIANCE: ZONING: GR-MU-V-NP Rev. 1 Rev. 2 Rev. 3 Correction 1 Correction 2 Correction 3 1 of 3 FINAL PLAT MUST BE RECORDED BY THE PROJECT EXPIRATION DATE, IF APPLICABLE. SUBSEQUENT SITE PLANS WHICH DO NOT COMPLY WITH THE CODE CURRENT AT THE TIME OF FILING, AND ALL REQUIRED BUILDING PERMITS AND/OR A NOTICE OF CONSTRUCTION (IF A BUILDING PERMIT IS NOT REQUIRED), MUST ALSO BE APPROVED PRIOR TO THE PROJECT EXPIRATION DATE. SPC-2023-0406 n g i s e D r e w o r h T 6 5 4 4 - 6 7 4 ) 2 1 5 ( 4 0 7 8 7 S A X E T , I N T S U A 7 5 9 1 4 X O B . O P . S R E N N A L P D N A L y n a n i d e s u r o d e h s i l b u p , d e t u b i r t s i d , d e c u d o r p e r e b t o n t s u m d n a . c n I , p u o r G n g i s e D . c n I , p u o r G n g i s e D C M A f o t n e s n o c n e t t i r w r o i r p e h t f o e c n e s b a e h t n i r e n n a m r e h t o C M A f o y t r e p o r p l a i t n e d i f n o c d n a e v i s u l c x e e h t s i l a i r e t a m r e h t o r o c i h p a r g s i h T © T I M R E P E S U L A N O I T I D N O C I L A C N A H C E M S N P I T E K R A M C I L B U P O M L E T N A S I E U N E V A S S E R G N O C H T U O S 3 2 3 4 S A X E T , I N T S U A PLAT 2 of 3 SPC-2023-0406 SITE CALCS LI-CO-NP WAREHOUSING LI-CO-NP WAREHOUSING LI-CO-NP WAREHOUSING SCALE: 1" = 40' LEGEND LI-CO-NP WAREHOUSING MULTI-FAMILY BUILDING B (EAST) (EXISTING BUILDING) 192,728 S.F. 8,027 S.F. LI-NP WAREHOUSING n g i s e D r e w o r h T 6 5 4 4 - 6 7 4 ) 2 1 5 ( 4 0 7 8 7 S A X E T , I N T S U A 7 5 9 1 4 X O B . O P . S R E N N A L P D N A L C M A f o y t r e p o r p l a i t n e d i f n o c d n a e v i s u l c x e e h t s i l a i r e t a m r e h t o r o c i h p a r g s i h T y n a n i d e s u r o d e h s i l b u p , d e t u b i r t s i d , d e c u d o r p e r e b t o n t s u m d n a . c n I , p u o r G n g i s e D . c n I , p u o r G n g i s e D C M A f o t n e s n o c n e t t i r w r o i r p e h t f o e c n e s b a e h t n i r e n n a m r e h t o © I T I WAREHOUSING M R E P E S U L A N O I T I D N O C L A C N A H C E M S N P I T E K R A M C I L B U P O M L E T N A S I E U N E V A S S E R G N O C H T U O S 3 2 3 4 S A X E T , I N T S U A SITE PLAN 3 of 3 SPC-2023-0406 2,596 S.F. MULTI-FAMILY BUILDING A (WEST) (EXISTING BUILDING) 192,485 S.F. PARKING GARAGE NORTH (EXISTING BUILDING) 188,025 S.F. 7,835 S.F. SAINT ELMO MARKET (EXISTING BUILDING) 36,845 S.F. D E R E V O C I O T A P COURTYARD PATIO COVERED COVERED PATIO PATIO 7,223 S.F. CS-MU-V-NP WAREHOUSING CS-MU-V-CO-NP WAREHOUSING DETENTION POND WATER QUALITY CS-CO-NP WAREHOUSING