16 SPC-2025-0136A - Boheme; District 3 - Staff Report — original pdf

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PLANNING COMMISSION SITE PLAN CONDITIONAL USE PERMIT REVIEW SHEET CASE NUMBER: PROJECT NAME: SPC-2025-0136A Boheme PC DATE: August 26th, 2025 ADDRESS: COUNCIL DISTRICT: NEIGBORHOOD PLAN: Upper Boggy Creek WATERSHED: 400 Comal Street 3 Lady Bird Lake (Suburban) OWNER: AGENT: 400 Comal Venture Group LLC 400 Comal Street Austin, TX 78702 Joan Angil; UTE Consultants, Inc (512) 473-8228 5207 Airport Boulevard Austin, TX 78751 CASE MANAGER: Clarissa Davis Clarissa.Davis@austintexas.gov (512) 978-1423 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 1,040 square feet total, 675 sq. ft. being conditioned space, 370 sq. ft. used on patio. No construction is proposed with this site plan. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit. The site plan will comply with all requirements of the Land Development Code requirements. PROJECT INFORMATION: AREA: 1,040 sq. ft. footprint (indoor and outdoor) on a 7,257 sq. ft. site EXIST. ZONING: TOD-NP ALLOWED F.A.R.: 2:1 MAX. BLDG. COVERAGE: 95% MAX. IMPERVIOUS CVRG: 95% REQUIRED PARKING: N/A PROPOSED ACCESS: n/a EXISTING F.A.R.: 2.48:1 EXISTING BLDG. CVRG: 65% EXISTING IMPERVIOUS CVRG: 85% PROVIDED PARKING: n/a SUMMARY COMMENTS ON SITE PLAN: Land Use: The lot is zoned TOD-NP (TOD Mixed-Use). The existing building is 17,981 gross square feet. Cocktail Lounge use is a conditional use in the 16 SPC-2025-0136A - Boheme; District 31 of 6SPC-2025-0136A 2 TOD (Mixed-Use) base zoning district. There are no schools, churches, or hospitals within 300 feet of the subject site. Staff recommends approval of the conditional use permit request. Environmental: The site is located in the Lady Bird Lake Watershed and subject to the Suburban Watershed regulations. There were no Environmental review comments. No construction is proposed with this Land Use application. Transportation: Parking spaces are located off-site. All Transportation comments have been cleared. SURROUNDING CONDITIONS: Zoning/ Land Use North: South: West: East: TOD-NP / General Retail TOD-NP / Mixed-Use TOD-NP Granite Works TOD-CURE-NP, Mixed Use NEIGHBORHOOD ORGNIZATIONS: Friends of Austin Neighborhoods, Austin Independent School District, Guadalupe Austin Neighborhoods Council, Corporation, Barrio Unido Neighborhood Assn., Homeless Neighborhood Association, Capital Metro, Del Valle Community Coalition, Overton Family Committee , East Austin Conservancy, Plaza Saltillo TOD Staff Liaison, East Cesar Chavez Neighborhood Association, Preservation Austin, Red Line Parkway East Cesar Chavez Neighborhood Plan Contact Initiative, Team, Tejano Town El Concilio Mexican-American Neighborhoods, Neighborhood Development 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. § 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 16 SPC-2025-0136A - Boheme; District 32 of 6 SPC-2025-0136A 3 A. 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 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 TOD-NP (Mixed Use) base 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. 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. 16 SPC-2025-0136A - Boheme; District 33 of 6 16 SPC-2025-0136A - Boheme; District 34 of 6OWNER: 400 COMAL VENTURE GROUP, LP 901 E 7TH STREET AUSTIN, TEXAS 78702 CIVIL ENGINEER: UTE CONSULTANTS, INC. JOAN TERNUS ANGIL, P.E. 5207 AIRPORT BOULEVARD AUSTIN, TEXAS 78751 (512) 394-1900 ARCHITECT: BALDRIDGE ARCHITECTS 5120 BURNET ROAD BUILDING 1, SUITE 100 AUSTIN, TEXAS 78756 (512) 382-0312 SHEET INDEX 1 COVER SHEET 2 CONDITIONAL USE SITE PLAN NOTES: 1. APPROVAL OF THESE PLANS BY THE CITY OF AUSTIN INDICATES COMPLIANCE WITH APPLICABLE CITY REGULATIONS ONLY. APPROVAL BY OTHER GOVERNMENTAL ENTITIES MAY BE REQUIRED PRIOR TO THE START OF CONSTRUCTION. THE APPLICANT IS RESPONSIBLE FOR DETERMINING WHAT ADDITIONAL APPROVALS MAY BE NECESSARY. 2. RELEASE OF THIS APPLICATION DOES NOT CONSTITUTE A VERIFICATION OF ALL DATA, INFORMATION AND CALCULATIONS SUPPLIED BY THE APPLICANT. THE ENGINEER OF RECORD IS SOLELY RESPONSIBLE FOR THE COMPLETENESS, ACCURACY AND ADEQUACY OF HIS/HER SUBMITTAL, WHETHER OR NOT THE APPLICATION IS REVIEWED FOR CODE COMPLIANCE BY CITY ENGINEERS. PROTECTED STREET NOTE: THE ENGINEER OF RECORD ACKNOWLEDGES AND CONFIRMS THE PROTECTED STREET STATUS AS DETERMINED BY THE STREET AND BRIDGE DIVISION AS OF THE DATE OF THE ENGINEER'S SIGNATURE. PROTECTED STREET STATUS IS SUBJECT TO CHANGE OVER TIME. IT IS THE OWNER'S/ ENGINEER OF RECORD'S RESPONSIBILITY TO CONFIRM THE STREET STATUS PRIOR TO CONSTRUCTION AS THE PROTECTED STREET STATUS WILL DIRECTLY IMPACT THE CONSTRUCTION COSTS. IF PROTECTED STREETS ARE PROPOSED TO BE DISTURBED, APPROVAL OF THE STREET AND BRIDGE DIVISION IS REQUIRED. TEMPORARY TRAFFIC CONTROL NOTE: THIS NOTE IS BEING PLACED ON THE PLAN SET IN PLACE OF A TEMPORARY TRAFFIC CONTROL STRATEGY WITH THE FULL UNDERSTANDING THAT, AT A MINIMUM OF 6 WEEKS PRIOR TO THE START OF CONSTRUCTION, A TEMPORARY TRAFFIC CONTROL PLAN MUST BE REVIEWED AND APPROVED BY THE RIGHT OF WAY MANAGEMENT DIVISION. THE OWNER/ REPRESENTATIVE FURTHER RECOGNIZES THAT A REVIEW FEE, AS PRESCRIBED BY THE MOST CURRENT VERSION OF THE CITY'S FEE ORDINANCE, SHALL BE PAID EACH TIME A PLAN OR PLAN REVISION IS SUBMITTED TO RIGHT OF WAY MANAGEMENT DIVISION FOR REVIEW. THE FOLLOWING MUST BE TAKEN INTO CONSIDERATION WHEN DEVELOPING FUTURE TRAFFIC CONTROL STRATEGIES: 3. PEDESTRIAN AND BICYCLE TRAFFIC ACCESS MUST BE MAINTAINED AT ALL TIMES, UNLESS OTHERWISE AUTHORIZED BY RIGHT OF WAY MANAGEMENT. 4. NO LONG-TERM LANE CLOSURES WILL BE AUTHORIZED, UNLESS RIGHT OF WAY MANAGEMENT DETERMINES THAT ADEQUATE ACCOMMODATIONS HAVE BEEN MADE TO MINIMIZE TRAFFIC IMPACT. 5. PROJECT SHOULD BE PHASED SO THAT UTILITY INSTALLATION MINIMALLY IMPACTS EXISTING OR TEMPORARY PEDESTRIAN FACILITIES. WATERSHED STATUS: THIS PROJECT IS LOCATED IN THE TOWNLAKE WATERSHED WHICH IS CLASSIFIED AS AN URBAN WATERSHED AND IS SUBJECT TO THE CITY OF AUSTIN WATERSHED PROTECTION REGULATIONS. THIS SITE IS NOT LOCATED OVER THE EDWARDS AQUIFER RECHARGE ZONE NOR THE CONTRIBUTING ZONE. FLOODPLAIN INFORMATION: NO PORTION OF THIS TRACT LIES WITHIN THE 100 YEAR FLOODPLAIN, AS IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RATE MAP AS SHOWN ON COMMUNITY PANEL NO. 4853C0465J DATED JANUARY 6, 2016 FOR TRAVIS COUNTY TEXAS AND INCORPORATED AREAS. LEGAL DESCRIPTION: LOT 6, BLOCK 2, R.H. PECK SUBDIVISION OF OUTLOT 4, DIVISION "O", A SUBDIVISION IN TRAVIS COUNTY AS RECORDED IN VOLUME S, PAGE 551 D.R.T.C.T. CITY JURISDICTION: THIS SITE IS LOCATED WITHIN THE FULL PURPOSE JURISDICTION THE CITY OF AUSTIN. THE SITE IS ZONED TOD-NP MIXED-USE, IS A PART OF THE EAST CESAR CHAVEZ NEIGHBORHOOD PLAN AND THE PLAZA SALTILLO TRANSIT ORIENTED DISTRICT, AND IS LOCATED ON E 4TH STREET AND COMAL STREET. COMAL STREET IS THE PRINCIPAL STREET AND IS CLASSIFIED AS A PEDESTRIAN PRIORITY ROADWAY AND ACTIVE EDGE. TOTAL SITE AREA = 0.167 AC (7, 257 SF) TOD-NP MIXED USE ZONING REQUIREMENTS: SETBACKS: FRONT YARD - STREET SIDE YARD - INTERIOR SIDE YARD - REAR YARD - N/A N/A N/A N/A MAXIMUM HEIGHT - MAXIMUM BUILDING COVERAGE - MAXIMUM IMPERVIOUS COVER - MAXIMUM FLOOR TO AREA RATIO - N/A (WITH AFFORDABILITY BONUS) 60' (WITH AFFORDABILITY BONUS) 95% 95% CONDITIONAL USE PERMIT BOHEME 400 COMAL STREET CITY OF AUSTIN, TRAVIS COUNTY, TEXAS ADDRESSING E M E H O B 5 5 0 - 6 2 0 0 . O N T C E J O R P E T U E 5TH STREET SITE 20' ALLEY T E E R T N S NIO O E 4TH STREET T E E R T L S A M O C NOT TO SCALE E 3RD STREET VICINITY MAP SITE ADDRESS: 400 COMAL STREET SUBMITTAL DATE: APRIL 23, 2025 PERMIT NUMBER: SPC-2025-0136A RELATED CASES: SUBMITTED BY: 2024-0888060 DA; SP-2019-0543C.SH; NPA-2008-0002.01; C14-00-2102; C14-2008-0029; UCC-191212-04-01; ROW 12365838 JOAN TERNUS ANGIL, P.E. UTE CONSULTANTS, INC. 5207 AIRPORT BOULEVARD AUSTIN, TX 78751 PROJECT DESCRIPTION: THIS PROJECT CONSISTS OF A CONDITIONAL USE PERMIT THAT CHANGES THE USE ON THE GROUND FLOOR FROM HOTEL/PERSONAL IMPROVEMENT SERVICES TO HOTEL/PERSONAL IMPROVEMENT SERVICES/COCKTAIL LOUNGE. NO. DESCRIPTION REVISE (R) ADD (A) VOID (V) SHEET NO.'S TOTAL # SHEETS IN PLAN SET NET CHANGE IMP. COVER (SQ. FT.) TOTAL SITE IMP. COVER (SQ. FT.)/% CITY OF AUSTIN APPROVAL DATE DATE IMAGED I N O S V E R I E T A D . O N 07/10/2025 COVER BOHEME 400 COMAL STREET CIVIL & TRANSPORTATION ENGINEERS 5207 Airport Boulevard Austin, Texas 78751 TBPE Registered Firm No. F-5653 1 OF 2 SPC-2025-0136A THESE ENGINEERING DOCUMENTS ARE COMPLETE, ACCURATE, AND ADEQUATE FOR THE INTENDED PURPOSES, INCLUDING CONSTRUCTION, BUT ARE NOT AUTHORIZED FOR CONSTRUCTION PRIOR TO FORMAL CITY APPROVAL, SIGN OFF, AND PERMIT ISSUANCE. APPROVED BY: DIRECTOR OF DEVELOPMENT SERVICES DATE SPC-2025-0136A PERMIT NUMBER SITE PLAN RELEASE BLOCK 1 SPC-2025-0136A SITE PLAN APPROVAL SHEET ________ OF___________ FILE NUMBER_____________________ APPLICATION DATE______________________ APPROVED BY COMMISSION ON________________UNDER SECTION___________OF CHAPTER ________________ OF THE CITY OF AUSTIN CODE. CLARISSA DAVIS EXPIRATION DATE (25-5-81, LDC)____________ CASE MANAGER_____________________ PROJECT EXPIRATION DATE (ORD.#970905-A)________________DWPZ_______DDZ______ APRIL 23, 2025 25-5 25-5 112 2 ______________________________________________________________________________ DEVELOPMENT SERVICES DEPARTMENT RELEASE FOR GENERAL COMPLIANCE: ________________ZONING___________________ Rev. 1______________________________ Correction 1_______________________________ Rev. 2______________________________ Correction 2_______________________________ Rev. 3______________________________ Correction 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 filling, 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. TOD-NP l i g n a j : y B m p 5 3 : 1 - 5 2 0 2 , 0 1 l u J u h T : d e t t o P l t s a L g w d . R E V O C P U C D A C \ \ \ l a m o C 0 0 4 n a s y E l i - \ 5 5 0 E T U 6 2 0 0 \ : G i : g n w a r D 16 SPC-2025-0136A - Boheme; District 35 of 6 E M E H O B 5 5 0 - 6 2 0 0 . O N T C E J O R P E T U I N O S V E R I E T A D . O N LEVEL 2 - MULTIFAMILY DESIGNATION (LEVELS 3-5 - ALL HOTEL) LEGEND CURB AND GUTTER BUILDING FOOTPRINT (LEVEL 1) BUILDING LEVELS 2-5 CONCRETE STREETSCAPE SIDEWALK PROPERTY LINE LAND USE HOTEL MULTIFAMILY PERSONAL IMPROVEMENT SERVICES COCKTAIL LOUNGE 0 10 20 SCALE: 1" = 10' SITE IMPERVIOUS COVER TABLE NET SITE AREA (=GROSS SITE AREA): 7,257 S.F. (0.166 AC) TOD-CURE-NP MIXED USE (SP-2017-0418C) ACCESSIBLE ROUTE BUILDING & COVERED WALKS SITE WALL CONCRETE ASPHALT IMPERVIOUS COVER 5,091 sf 1,076 sf 0 sf 70.2% 14.8% 0.0% T CONCRETE TRANSFORMER PAD TOTAL 6,167 sf 85.0% TREE 07/10/2025 W W W W W 20' ALLEY (14' PAVEMENT, ONE-WAY) H O TOD-NP PLAZA SALTILLO (SP-97-0366C) W W W FUTURE LANCE ARMSTRONG BIKEWAY IN ALLEY W H O W W D S W H D S O W PP W W H O TOD-CURE-NP APTS (SP-04-1051C.SH) LOC LOC LOC LOC OH OH S69° 56' 00"E 48.13' OH 1 L OH T E ' 0 . 5 ' 1 . 6 1 5.9' WW OH H O OH PP ●●●●●●● ' 2 2 . 1 5 1 E " 2 4 ' 0 4 ° 0 2 N ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● TOD-NP PERSONAL IMPROVEMENT SERVICES (1,822 SF) FFE=469.25 5 STORY MIXED USE 23,733 SF 4,601 SF FOOTPRINT H O LOC BIKE H O H O H O BIKE R 5.0' H O D S OH L O C OH W D S EXISTING 3 BIKE RACKS L O C L O C L O C L O C L O C L O C L O C L O C L O C D S W D S FLOORS 2-5, ABOVE D S W D S D S W D EXISTING 3 BIKE S RACKS EXISTING BIKE LANE D S W D S T E E R T S L A M O C ) W O R ' 0 7 , T N E M E V A P ' 6 3 ( D S W D S W D S W D S D S D S D S W OUTDOOR PATIO COCKTAIL LOUNGE (275 SF) D S D S W L O C D S W W W W W W W W W W W W W W W W W W H O H O H O H O H O H O H O H O H O ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● OH OH ADJACENT DRIVEWAY 0.2' 14.8' TOD-NP GRANITE WORKS BACK OF HOUSE (STAIRS, ELEVATORS, TRASH, ETC.) REFER TO ARCHITECTURAL FLOORPLAN ' 9 . 4 2 ' 4 9 . 0 5 1 W " 0 4 ' 6 3 ° 0 2 S 2 L C O L C O L C O L C O L C O L C O L C O L C O L C O L C O L C O L C O L C O L WW ' 0 3 WW E 4TH STREET (30' PAVEMENT, 40' ROW) l i g n a j : y B m p 8 0 : 1 - 5 2 0 2 , 0 1 l u J u h T : d e t t o P l t s a L g w d . N A L P E T S e s U I l a n o i t i d n o C P U C D A C \ \ \ l a m o C 0 0 4 n a s y E i l LOBBY/CIRC FFE=466.25 PROPOSED COCKTAIL LOUNGE (675 SF) FIRE RISER ● ● ● ● ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● ● N69° 35' 52"W 47.95' W WW WW PP ● ● ● ● ● LOC H O R 1 0 L . 0' O C H O LOC CO L O C WW WW WW WW H O W W OH W OH LOC L O C H O H O PP OH D S OH W L O C D S OH W W PP OH D S W H O D S D S W WW D S D S W OH SD W W O H H O SD SD H O W W H O W S D W W W OH S D W MF-4-NP APARTMENTS W W W - \ 5 5 0 E T U 6 2 0 0 \ : G i : g n w a r D OH OH OH LOC LOC PP TOD-NP MIXED USE (SP-2016-0537C LOT 8 D S TOTAL BUILDING SQUARE FOOTAGE: NUMBER OF STORIES: LEVEL 5 LEVEL 4 LEVEL 3 LEVEL 2 LEVEL 1 BUILDING TYPE: ZONING: NET SITE AREA: TOTAL GROSS FLOOR AREA (CONDITIONED): TOTAL SQUARE FOOTAGE: FAR (NO MAX W/ BONUSES): TOTAL BUILDING COVERAGE (95% MAX): BUILDING MATERIAL: BUILDING SUMMARY TABLE 5 GSF 3579 sf 3579 sf 3579 sf HOTEL HOTEL HOTEL 3579 sf HOTEL/ MULTIFAMILY* HOTEL/ PERSONAL IMPROVEMENT SERVICES/COCKTAIL LOUNGE 3665 sf 17981 sf USE UNCONDITIONED FFE 1204 sf 1204 sf 1204 sf 1204 sf 936 sf 5752 sf 513.1 503.7 494.2 484.8 466.3-471.5 TOD (WITH DEVELOPMENT BONUSES) III-B 0.167 AC (7,257 SF) 17,981 sf 23,733 sf 2.48:1 4,783 SF (65.9%) TIMBER (MPP) W WW * FOUR UNITS ON LEVEL TWO ARE DEDICATED TO SMART HOUSING PER SP-2019-0543C.SH TOD-NP NO CONSTRUCTION PROPOSED AS PART OF THIS CUP CONDITIONAL USE SITE PLAN BOHEME 400 COMAL STREET CIVIL & TRANSPORTATION ENGINEERS 5207 Airport Boulevard Austin, Texas 78751 TBPE Registered Firm No. F-5653 2 OF 2 SPC-2025-0136A (370 SF)PROPOSEDCOCKTAIL LOUNGE (675 SF)16 SPC-2025-0136A - Boheme; District 36 of 6