13 SPC-2025-0177A - 5016 E Cesar Chavez St. C.U.P. - Staff Report — original pdf

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PLANNING COMMISSION SITE PLAN CONDITIONAL USE PERMIT REVIEW SHEET CASE NUMBER: SPC-2025-0177A PROJECT NAME: 5016 E Cesar Chavez St C.U.P. PC DATE: April 14, 2026 ADDRESS: 5016 E Cesar Chavez Street COUNCIL DISTRICT: 3 NEIGBORHOOD PLAN: Govalle Neighborhood Plan Area WATERSHED: Colorado River OWNER: AGENT: Wayne Lous LLC 246 Bluebonnet Drive Bastrop, TX 78602 WGI Inc., Cliff Kendall 2021 E 5th Street, Ste. 200 Austin, TX 78702 (512) 669-5560 CASE MANAGER: Alyse Ramirez alyse.ramirez@austintexas.gov (512) 978-1750 PROPOSED DEVELOPMENT: The applicant is requesting a conditional use permit for a late hours permit use within an existing building. The proposed restaurant area is 10,485 square feet total. 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: 10,485 sq. ft. footprint on an 58,220 sq. ft. site EXIST. ZONING: CS-CO-NP ALLOWED F.A.R.: 2:1 MAX. BLDG. COVERAGE: 95% MAX. IMPERVIOUS CVRG: 95% REQUIRED PARKING: N/A PROPOSED ACCESS: E Cesar Chavez Street EXISTING F.A.R.: 0.169:1 EXISTING BLDG. CVRG: 18.01% EXISTING IMPERVIOUS CVRG: 68.68% PROVIDED PARKING: N/A SUMMARY COMMENTS ON SITE PLAN: Land Use: The lot is zoned CS-CO-NP (Commercial with a Conditional Overlay in a Neighborhood Plan). The conditional overlay established by Zoning Ordinance No. 030327-lla subjects the Property to the following conditions: Conditional land uses on tract 60b are: Agricultural sales and services, automotive sales, building 13 SPC-2025-0177A - 5016 E Cesar Chavez St. C.U.P.1 of 6 SPC-2024-0113A 2 maintenance services, construction sales and services, equipment repair services, automotive rentals, automotive washing (of any type), commercial off-street parking, equipment sales, limited warehousing and distribution, drive-in service as an accessory use to commercial uses. The proposed project will consist of a conditional use permit that changes the use of the site from an auto repair to a restaurant with mixed beverage service with a late hours permit. The alcohol sales will be less than 51% of total sales and will not require a rezoning of the site. Staff recommends approval of the conditional use permit request. Environmental: The site is located in the Colorado River Watershed and subject to the Urban Watershed regulations. There were no Environmental review comments. Transportation: Parking spaces are located on-site. All Transportation comments have been cleared. Access to the site will be from E. Cesar Chavez Street. SURROUNDING CONDITIONS: Zoning/ Land Use North: South: West: East: LI-CO-NP, Vacant CS-MU-CO-NP, Food truck park CS-CO-NP and GR-CO-NP, Restaurant (General) CS-CO-NP, Dog park NEIGHBORHOOD ORGNIZATIONS: Austin Neighborhoods Council Austin Independent School District Buena Vista Neighborhood Association Del Valle Community Coalition East Austin Conservancy East Town Lake Citizens Neighborhood Association El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Development Neighborhood Govalle/Johnston Terrace Neighborhood Plan Contact Team Guadalupe Corporation Homeless Neighborhood Association Overton Family Committee Preservation Austin River Bluff Neighborhood Assoc. Tejano Town 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. 13 SPC-2025-0177A - 5016 E Cesar Chavez St. C.U.P.2 of 6 SPC-2024-0113A § 25-5-146 CONDITIONS OF APPROVAL. 3 (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 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 late hours permit is a conditional use. 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 late hours use 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 13 SPC-2025-0177A - 5016 E Cesar Chavez St. C.U.P.3 of 6 SPC-2024-0113A 4 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. 13 SPC-2025-0177A - 5016 E Cesar Chavez St. C.U.P.4 of 6 Property Profile Legend Lots & Subdivision Lot Line Review Cases Site Plan Review Cases (All) Zoning Zoning 0 150 300 ft 4/8/2026 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Notes AG AV CBD CH CR CS DMU DR ERC GO GR IP L LA LI LO LR MF MH MI NBG NO P PUD R&D RR SF TND TOD UNZ W/LO Zoning Text Jurisdiction Fill Jurisdiction FULL PURPOSE LIMITED PURPOSE EXTRATERRITORIAL JURISDICTION EXTRATERRITORIAL JURISDICTION EXTRATERRITORIAL JURISDICTION EXTRATERRITORIAL JURISDICTION AGREEMENT OTHER CITY LIMITS OTHER CITY LIMITS OTHER CITIES ETJ OTHER CITIES ETJ 2 MILE ETJ AGRICULTURAL OUTOUTSIDE ANY CITIES JURISDICTION OUTOUTSIDE ANY CITIES JURISDICTION 13 SPC-2025-0177A - 5016 E Cesar Chavez St. C.U.P.5 of 6G F E D C B A APPROXIMATE LOCATION OF EXISTING 12" CI WATER LINE OHE OHE 23.67' 2 . 2 5 ' OHE R15.00' APPROXIMATE LOCATION OF EXISTING POWER POLE EXISTING DRIVE 16.59' E 5TH STREET APPROXIMATE LOCATION OF EXISTING POWER POLE APPROXIMATE LOCATION OF EXISTING CURB INLET APPROXIMATE LOCATION OF EXISTING POWER POLE OHE OHE OHE OHE SD OHE OHE OHE 30.18' ' 2 8 . 2 4 EXISTING 1 STORY BUILDING TO BE REMOVED BUILDING COVERAGE ~ 1,281 SF 30.17' 9.45' ' 8 6 . 0 4 7.86' EXISTING 1 STORY BUILDING TO REMAIN AS STORAGE BUILDING COVERAGE ~ 320 SF EXISTING STRUCTURE TO REMAIN AS STORAGE BUILDING COVERAGE ~ 135 SF LOTS 6-7 WAYNE LOUIS LLC VOL. 102, PG. 272 O.P.R.T.C.T 7.43' ' 3 1 . 8 1 ' 0 5 . 0 ' 9 0 . 2 4 ' 7 8 . 0 2 EXISTING 1 STORY BUILDING TO REMAIN AS STORAGE BUILDING COVERAGE ~ 197 SF ZONING: CS-CO-NP 39.81' 25.95' 26.17' ' 1 8 . 8 2.57' ' 7 7 . 2 9 ' 8 4 . 3 7 EXISTING 1 STORY BUILDING TO REMAIN FUTURE PROPOSED INDOOR ONLY RESTAURANT BUILDING COVERAGE ~ 7,835 SF OCCUPANCY LOAD = 523 PERSONS (MAX ALLOWED IBC TABLE 1004.5) ' 6 2 . 8 5 P F B EXISTING 1 STORY BUILDING TO REMAIN FUTURE PROPOSED INDOOR ONLY AFTER HOURS MIXED BEVERAGE SERVICE BUILDING COVERAGE ~ 1,997 SF WL 88.66' 29.45' OHE 18.31' 5 . 2 5 ' R15.00' E H O APPROXIMATE LOCATION OF EXISTING POWER POLE 49.84' EXISTING DRIVE APPROXIMATE LOCATION OF EXISTING 20" CI WATER LINE 1 3 . 2 7 ' R15.00' E H O 0' 5.0 1 R APPROXIMATE LOCATION OF EXISTING WW MANHOLE E CESAR CHAVEZ STREET E H O OHE E H O APPROXIMATE LOCATION OF EXISTING 48" WASTEWATER MAIN (A-7606) OHE OHE OHE ZONING: CS-CO-NP PAVED PARKING AREA APPROXIMATE LOCATION OF EXISTING 6" WASTEWATER LINE (B-1740) ' 4 1 . 3 5 19.94' ' 6 8 . 1 6 APPROXIMATE LOCATION OF EXISTING POWER POLE E H O APPROXIMATE LOCATION OF E H EXISTING 8" WASTEWATER O LINE (B-1739) P F B OHE W L ' 2 9 . 3 1 R15.00' EXISTING DRIVE 14.20' ' 5 4 . 5 46.21' G F 5 4 3 2 1 g w d . P U C _ n a P _ e t i S l - 0 0 . 5 6 2 1 1 \ s t h S - 0 2 \ D A C - 0 1 \ L I V I C \ e p s z e v a h c r a s e c 6 1 0 5 0 0 . 5 6 2 1 1 \ 0 0 2 1 1 \ : p : G N I W A R D M P 3 0 : 5 6 2 0 2 / 0 1 / 2 : E T A D T O L P Y O C C M N I R Y T : Y B D E T T O L P M P 2 5 : 4 6 2 0 2 / 5 / 1 : D E V A S 0 10' 20' 40' LEGEND OHE NOTE: · · R O F D E Z I R O H T U A T O N O T R O I R P N O I T C U R T S N O C L A V O R P P A Y T I C L A M R O F 3 2 7 8 7 , S A X E T , N I T S U A , 0 0 3 E T I U S , D V L B R E L L E U M 0 0 7 4 5 8 0 5 1 - F : O N M R I F 0 6 5 5 . 9 6 6 . 2 1 5 01/05/2026 INITIAL SUBMITTAL AUGUST 13, 2025 P U C - N A L P E T I S P U C Z E V A H C R A S E C 6 1 0 5 T E E R T S Z E V A H C R A S E C E 6 1 0 5 2 0 7 8 7 S A X E T , Y T N U O C S I V A R T , N I T S U A CITY APPROVAL STAMP SHEET CS100 04 02 OF SPC-2025-0177A OHE OHE E D C B FIGURE 34 A 13 SPC-2025-0177A - 5016 E Cesar Chavez St. C.U.P.6 of 6