ZONIING CHANGE REVIEW SHEET  CASE: C14-2008-0250 - St. Cecilia Hotel P.C.DATE: February 10, 2009 ADDRESS: 112 Academy Drive OWNERAPPLICANT 112Academy, LLC AGENT: Brown McCarroll, LLP (Andy Martin) ZONING) FROM: GR-H-NCCD-NP TO: CS-1-H-NCCD  CCDATE: February 26, 2009  AREA: 581 square feet (see Exhibit A)  SUMMARY STAFF RECOMMENDATION: Staff recommends approval of CS-1-H-NCCD-NP Commercial-Liquor Sales-Historic Combining Distric-Neighborhood Conservation Combining PLANNING COMMISSION RECOMMENDATION: February 3, 2009 approved 9-0 on DEPARTMENT COMMENTS: The request is for the approval of liquor sales for 581 square feet oft the existing St. Cecilia hotel located on Academy Drive. The St. Cecilia Hotel has the approval of the South River City Citizens Neighborhood Association by a private restrictive covenant for food and beverage service "only if the charge for that service is paid by the hotel guest as an additional charge included with and collected at the time of payment for the hotel room occupied by the guest. Neither food nor beverage service may be provided to anyone other than a hotel guest and his or her  Distric-Neighborhood Plan Combining District zoning).  consent agenda.  invitees" (see Exhibit B).  EXISTING NINGANDLAMDUSIS  ZONING GR-H-NCCD-NP  LAND USES Hotel Austin Music Hall Apartments Apartments  Site North CS,CS-1 East MF-4-NCCD-NP West CS-MU-NCCD-NP  South CS-MU, MF-4-NCCD-NP Apartments  NEIGHBORHOOD PLAN: South River City Citizens Neighborhood Plan  TIA: Waived  WATERSHED: East Bouldin Creek DESIREDDEVELOELOPMENTZONE: Yes    CAPITOL VIEW CORRIDOR: No HILLCOUNTRY ROADWAY: No NEIGHBORHOOD ORGANIZATIONS: South River City Citizens Neighborhood Association South Central Coalition Austin Neighborhoods Council Terrell Lanel Interceptor. Association  Barton Springs/Edwards Aquifer Conservation. District  SCHOOLS: Galindo Elementary School Fulmore Middle School Travis High School CASE HISTORIES: NUMBER C14-2007- 0056 NPA-07- 0022.01  REQUEST NP FLUM FLUM commercial  PLANNING COMMISSION CITY COUNCIL  MF-4-H-NCCD- 5/22/07 Approved staff H-CO-NCCD- NCCD-NP  6/29/07 Approved Ordinance NP (7-0); all: 3 readings 6/29/07 Approved Ordinance on FLUM (7-0); all 31 readings  NPto GR- recommendation for GR-H-CO- 20070621-129 for GR-H-NCCD-  5/27/07 APVD staff 0)  multifamily to recommendation by consent (8- 20070621-128 for commercial use    BASIS FOR RECOMMENDATION  1.  The proposed zoning should be consistent with the purpose statement ofthe districtsought. CS-1 is intended predominately for commercial and industrial activities of a service nature.  Staff feels that St. Cecilia Hotel is appropriate for CS-1 district zoning. Zoning should allow for reasonable use ofthe property.  2.  The addition of a CS-1 footprint to an existing Hotel is an appropriate and reasonable use of  this property.  EXISTING CONDITIONS  ENVIRONMENTAL  The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the East Bouldin Creek Watershed oft the Colorado River Basin, which is classified as an Urban Watershed by Chapter 25-8 oft the City's Land Development Code. It is in the Desired Development Zone. Impervious cover is not limited in this watershed class; therefore the zoning district impervious cover This site is required to provide on-site structural water quality controls (or payment in lieu of) for all development and/or redevelopment when 5,000 s.f. cumulative is exceeded, and detention for the two-year storm. At this time, no information has been provided as to whether this property has any pre-existing approvals which would preempt current water quality or Code requirements. According to: flood plain maps, there is no flood plain within the project area.  limits will apply.  Trees will likely bei impacted with aj proposed development associated with this rezoning case. Please be aware that an approved rezoning status does not eliminate aj proposed development's1 requirements to meet thei intent oft the tree ordinances. If further explanation or specificity is needed, please contact the City Arborist at 974-1876. At this time, site specific information is unavailable regarding other vegetation, areas of steep slope, or other environmental features such as bluffs, springs, canyon Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for  rimrock, caves, sinkholes, and wetlands. all development and/or redevelopment. Water and Wastewater  If the landowner intends to serve the site with City of Austin water and wastewater utilities. The landowner, at own expense, will be responsible for providing the water and wastewater utility improvements, offsite main extensions, system upgrades, utility relocations and or abandonments required. The water and wastewater plan must be in accordance with the City of Austin utility design criteria. The water and wastewater utility plan must be reviewed and approved by the Austin Water Utility. All water and wastewater construction must be inspected by the City of Austin. The landowner must pay the City inspection fee with the utility construction. The landowner must pay the    tap and impact fee once the landowner makes an application for a City of Austin water and  wastewater utility tap permit. Stormwater Detention  At the time a final subdivision plat, subdivision construction plans, or site plan is submitted, the developer must demonstrate that the proposed development will not result in additional identifiable flooding of other property. Any increase in stormwater runoff will be mitigated through on-site stormwater detention ponds, or participation in the City of Austin Regional Stormwater Management  Program ifavailable. TRANSPORTATION:  No additional right-of-way is needed at this time.  A traffic impact analysis was not required for this casel because the traffic generated by the proposed zoning does not exceed the threshold of2,000 vehicle trips per day. [LDC, ,25-6-113] However, it is recommended development continue to bel limited through a conditional overlay to less  than 300 vehicle trips per day. Existing Street Characteristics: NAME Academy 60' Drive SITEI PLAN  ROW  PAVEMENT CLASSIFICATION SIDEWALKS BUS  BIKE No  ROUTE ROUTE No  34'  Collector  Yes  Site plans will be required for any new development other than single-family or duplex residential. Any development which occurs in an SF-6 or less restrictive: zoning district which is located 540-feet or less from property in an SF-5 or more restrictive: zoning district will be subject to compatibility  development regulations.  A conditional use permit will be required for the cocktail lounge.  CITY COUNCILDATE 2/26/09 ORDINANCE READINGS: 1st ORDINANCE NUMBER: CASE MANAGER: Stephen Rye  ACTION: 2nd  3rd  PHONE: 974-7604 cphennye@ciausintzu:    APARTMENTS 99-0140C  A-0139 85-351  05-0139.001 S-CO-NP  sF-3-NCÇD-NP, 219  CS-MU-NP  UNZ  PENA  GRANDE AVE LEG 75-05 SF-3-H-NCCD-NP  64-117 CS-1-NCCD-NP) SUBJECTTRACT  CS-NCCD-NP  NELLIEST  GRPHANGOOAP 2007-0056  ACADEWYOR  AF-3-NCCD-NP SF-3-NSCD-NP  S-1-MU-V-N@Ct  57-17  pe  E-MU-VANCCDyP CS-MU-V-NCCD-NP  SP95-0063C  APARTMENTS 53-084  SF-3-NCGP-NP 02-0067.01  ES-V-CO-NI aghsc V-cG-NP  02-0067  MF-3-NCCDE  SP9S-00830 02-0067  O 05-01g9 o SOIEMF2ANOCD.NP SF3NCSO-NP  4  FC.    05-0139  05-oj30 05-010 HO3-Qp13  R-02 0226C AP3-NOCD-NP 002-009 o SFQ-H-NCCDNP SF-3-NSCD-NP OF  75-085 2-0067 SF-3-NCCD-NP 05-0139 81-21 ZONING  LECS-V-NCCD-NP  -NGD-NP   SUBJECT TRACT ZONING BOUNDARY PENDING CASE OPERATOR: S. MEEKS  N  ZONING CASE#: C14-2008-0250 ADDRESS: 112ACADEMY DR SUBJECTAREA: 0.01 ACRES GRID: J21 MANAGER: C.PATTERSON  1"=200'  Thisr mapi has been produced by G.1.S. Services fort thes sole purpose of geographic reference. Now warrantyi isr made! byt the Cly ofAustinr regardings specifica accuracyor completeness.    MF-1-NCCD-NP SF-3-NCCD-NP   CS-y-NR  UNZ  SF-3-NCCD-NP  CRANE  MF-4-NCCD-NP  CS-NCCD-NP  SF-3-H.NCCD.NP  NEELIES  Subject Tract  -  Proposed 581 sq.ft. ofCS-1  ACADEIIYO OR  -MV-WCCD-NP  651 MU-V-NCCDNP CS-MU-VNCCD-  MF-4-NCCD-NP  CSIPCD-NP  DNICD.NP MF-4-NCCD-1 PAF-NCCD.NP  SF-3-NCCD-N  C14-2008-0250 - St. Cecilia Hotel - 112 Academy Drive  From GR-H-NCCD-NP to CS-1-NCCD-NP    Exhibit to Rezoning Application for portion of112 Academy (Saint Cecilia Hotel) Area to be rezoned to CS-I-H-NCCD-NP is outlined by pink highlighting.  Approximately 518 square feet for use as acocktail lounge restricted tol hotel guests only  SCALE: 3/16*-1-0  BEGANDE  691  BE STORAGE  FIRST FLOOR PLAN SCALE: 3/16'=1-0  ExhibitA    RESTRICT 2007149591 5_PGS  RESTRICTIVE COVENANT  This Restrictive Covenant (the Restrictive Covenant") is made to be effective the gate setfortht below (the "Effective! Date")byl 112 Aoademy, LLC, al Texas limited liability copipany ("Dwner) Iti is the express intent of Owner that this Restrictive Covenant shall rur-with Ae Tand, 1 for the benefit of the South River City Citizens Association (hereinafter, "SRECRand its successor organizations and its members and is enforceable  by SpcCmglsemie C  RECITALS:  1. In 1986,Ci-Souheil adopted the Fairvicw Park Neighborhood Plan proposed by the South River fity Gtizens elghborhood association and created the Fairvicw Park Neighborhood Canservation Roibhing Districi (NCCD) to implement the goals and 2. In 2005, the isyCouhDadpled the Greater South River City Combined Neighborhood Plan as SedfioS2ofthe Romprehensive Plan. The Greater South River City Combined Neighborhoed Pigr'ipefludes-the area designated. as the Fairview Park NCCD. The City Council byseparate Oyainance amended the zoning map to establish & neighborhood plan (NP) combining.district: for propewy in the Greater South River City 3. Among the Goals, Objectives,and, Récommnengations adopted as a part of the Greater South) River City Combined Neighborhaod) Planv were the following:  policies ofthel FairviewPark) Neighborhood. Plan.  Combined Neighborhood: Plan.  Goal (A): Maintain the hisloric fabrje neighborhood character and natural assets. Objective: Protect historic resources and other structures. Recommendation A6: Continue to appropriate land use changes.  the established gateways the  Fairview Park Neighborhood Conservation Combining District ONCCD) (Figure 7.8) to address unforeseen consequences, chggitgityationa, and 4. Owner is the owner of 1.0468 acres of land, more or less, 112 Academy, in the City of Austin, Travis County, Texas, more  -  atdress of as   partichiadperijed:  follows:  AlI of Block 72, Fairview Park Subdivision, a subdivision in the  Austin, Travis County, Texas, according tot thei map or plat of record   1 -  Pagelofs  EMITB    Book1, Page 46, of the Plat Records of Travis County, Texas (the In_1999, the City Council rezoned the Miller-Crockett House and the Property on yhichiti isocated to a Historic Landmark ("") combining district, The Property was again rezoned in 2003 tol bei includedi in the Fairview Parkl NCCD. The base zoning district foraMperCrocke. Housei is currentlyl Multi-Familyl Residence! Moderatel High Density MEAbat theroperty! has been used and operated as ab bed and breakfast since 1995. The Fuire Lanapse Map ("FLUM") adopted by the City Council as Figure 7.3 in the dmpseyns-dybmit Neighborhood. Plani indicates the future landi use of 7.1 The ekpfegsed geal of maintaining and protecting the Miller-Crockett House, a significant andi important lstoric resource in the Fairview Park neighborhood, is advanced by amending the LbMofinedhewc": South River City Combined Neighborhood Plan to change the projectèd-frture usoof the Property to a use that is more appropriate and commercially viable, but tharisr restricted and limited byt the proposed rezoning ordinance, ap public restrictive coyéaprbemdtipg) jhe City of Austin, and this Restrictive Covenant. These proposed changes vill Acrease fhe available resources and economic value needed 8. Amending the Fairview RarkNCCD to allowfise of the Miller-Crockett House and of the remainder of the Property for a small hotel that respects the established neighborhood character is an appropriate Jand use'cpange for this site and the Fairview 9. Owner has filed a rezoning phatio-PaigCae No. C14-2007-0056, the  "Property").  thel Pmpapw6yyPamiy"  to maintain this historic buildipg.  Park neighborhood.  "Application") with the City of Austin for thg authorize a hotel/motel use att the  pf rezoning the Property to  pupesp  site.  10. 11. 12.  Owner has sought the support etaAspiasa Owner has agreed to imposc upon the Pmperythose covenants and In reliance upon this Restrictive Covenant tolimpose thesécavenants and  conditions for the mutual benefit ofthel Property, Owner, aRdSRECA. conditions, SRCCA. has agreed to not object to the. Application.  -  NOW, THEREFORE, for the consideration set forth in Pangraphajoanei above, the receipt and sufficiency of which is hereby acknowledged, Owner doerherehfjiapose the following obligations, restrictions and covenants upon the Poper)Golkae.e "Restrictions"), and Owner shal! hold, sell and convey the Property subjeer tothe following covenants and restrictions impressed upon the Property by this regtriebive) covenant. These covenants and restrictions shall run with the land, and shall béb bibding op  the Owner ofthel Property, its heirs, successors, and assigns.  Page 2of5  EXAIBIT 3    Restrictions:  - LOwner may establish as a lawful accessory use on thel Property any accessory use authorized" by Sec. 25-2-894 (Accessory Uses for a Principal Commercial Use) of the Auglin Gity/Code.imcluding but not limited to food and beverage serviçe provided to a ohifstalylcue. charge fort that serviçe is paid! by the hotel guest as an additional charge-nphded vthrand collected att the time ofp payment for thel hotel room occupied by the guest. Nefthfrfbod: noy beverage service may be provided to anyone other than a hotel guestgad his-br herhittes. The number of hotel guests and invitees who may be provided food grbegergusérvice at any one time may not exceed the maximum number of attendogsat agathering held at the Property established by subsection (2). Food and beverage seryice providedtaa a hotel guest and his or her invitees in compliance with this section shalli neverbe çonsideipd or deemed tol bear restaurant use or a cocktail lounge use, 2. The maximum umbefoferehtees at a gathering held at the Property times the total of the number orparking spaces on the Property; provided, however, that this attendance restiction'doéol applytoa a'gathering when off-site valet parking is provided and no more than twg sucbgatkérings are held at the Property during anyt twelve- month period. Amplified livegutdeor soud is prohibited at any gathering A gathering must end at or before 10:00p.mons Sanday througk-Tursday and at or before 11:00 p.m.  ast those two uses.  uses whether they are) principal uses or accessory  four equals    on Friday and Saturday.  3. This Restrictive Covenant and ther created hereby are benefits and servitudes successors, and assigns and shall bei binding lessees, successors and assigns. 4. If the Owner shall violate or attempt in cquity against the Owner to prevent such  benefits and obligations the land and shall inure its heirs, representatives,   rmning with  to the  benefit 0 the Owner, SRCCA, and their elive-mberbrin, representalives, lessees,  and covenant,  SRCCA andi its members or a successor organization: may pfosecuteproceedings at law or actions. The parties agree a court may award court casbraspmbiptbgation. expenses, and reasonable attomey's feesi incurred by the prevailing partyin apg'such ation. 5. If any part of this Restrictive Covenant or any of the foregoing oàyenants is declared invalid, by judgment or court order, the same shall inj nowayalept any oft the other provisions of this Restrictive Covenant, and such remapingoriofor this    actionsand-to collcerdamages for such  Restrictive Covenant shall remain in full effect. 6.If at any time SRCCA or any of its members fails to Covenant, whether or not violations ofi it are waiver or estoppel ofthe right to enforce it.  such failure known,  ES shall notfonytiga -  any  Page3of5  EXHIBIT3    27. This Restrictive Covenant may be modified, amended, or terminated only byj joint wtlon action of both (a)s SRÇCA, and (b) the owner(s) of the Property, or the portion Heregf subject to the modification, amendment or termination, at the time of such Au jotices-required shall be in writing addressed to the respective parties as set forl-beloyGhtess: ahpther address shall have been designated by written notice delivered tothe-other partsylraccordance with this subsection, and shal! be delivered by personal  modification, amendment or temination.  delivers, orbyegistered g certified mail, to the parties as follows:  RICEO  Sourivercity Citizens Association Attp Jean-Mather, President 161Klameda/  Ifto Owner, tox  6S  Greg MaratearMange 112 AcademyLC 600 Congress Avenve,Suitc200 Austin, Texas 78701 (512)457-8820 9. Tbe laws of the State ofTexas skallg purposes shall be' Travis County, Texas. EXECUTED this the_ 306 dayofJuly,2007 (he  Covenant. Venue for all  . OWNER 112A ACADEMYLLE aTexas) limitod-liabilty company Gregoryl Marchbanks, Manager    D  Page 4of5  4h    RTATEO OFTEXAS COUNTYF TRAVIS  $ 5  Thismnstrudfgent was àpknowiedged before me on the308 day ofJuly, 2007, by Gregory Marchbanks, Matagerof 112 Academy, LLC, a Texas limited liability company, on its  bchale  Anay Walker NOTARY FUBLIC, State ofTexas  MARY WALKER AEIMAGEN OCTOBER: GaEastO IIMAE: 18, 2007  AGREED AND. ACCERTED  SOUTH. RIVER CIXCTANASOCATON  man  Printédi namEAN ALSPNMATWEL "Taade.tSEC ooth RwerCity GER)  ofr mcordation inadequpie carbonor fortheb best Albiockouss, art thctimethe  addirgnss andchungsss inarmaumshiglind regordod  2  FILEDAND RECORDED OFFIIPE'PVBCTC RÉCORDS AA Bakrtii 2007 AsOPAAIPR 2047149591 CLARKI $32.09 0 DANA DEBEAUVOIR COUNIYCLERY! TRAVIS COUNTYEKAE  Return: AwdewMARtn BoowN MeCarell,LP Ausfin, TX 7870/  ICongeaAue, Surfe 1400 Pagesofs  2      80        00