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File #: CUP-16-29    Version: 1 Name:
Type: Action Item Status: Passed
File created: 10/21/2016 In control: Planning and Zoning Commission
On agenda: 2/14/2017 Final action: 2/14/2017
Title: CUP-16-29 (Ivar's River Pub) Hold a public hearing and consider a request by Curtis Gunnarson, on behalf of Ivar's River Pub, for a new Conditional Use Permit to allow the sale of mixed beverages for on-premise consumption at 701 Cheatham Street. (A. Villalobos)
Attachments: 1. CUP-16-29 Aerial, 2. CUP-16-29 Notification Map, 3. CUP-16-29 Application, 4. CUP-16-29 Staff Report, 5. CUP-16-29 Site Plan, 6. CUP-16-29 Site Photos, 7. CUP-16-29 Background, 8. CUP-16-29 Presentation

AGENDA CAPTION:

Title

CUP-16-29 (Ivar’s River Pub) Hold a public hearing and consider a request by Curtis Gunnarson, on behalf of Ivar’s River Pub, for a new Conditional Use Permit to allow the sale of mixed beverages for on-premise consumption at 701 Cheatham Street. (A. Villalobos)

Body

Meeting date:  February 14, 2017

 

Department:  Planning and Development Services

 

Funds Required:  n/a

Account Number:  n/a

Funds Available:  n/a

Account Name:  n/a

 

CITY COUNCIL GOAL:  n/a

 

COMPREHENSIVE PLAN ELEMENT(s): n/a

 

BACKGROUND

 

The subject property is located on Cheatham Street and the bank of the San Marcos River near Riverside Drive. Surrounding uses include a City Park and single-family residences. The property is currently occupied by the River Pub and Grill, which opened in 1996 and closed for repairs in 2013. The property previously had a valid Specific Use Permit (SUP) for the sale of mixed beverages on the property, however, because the use has been discontinued for a period exceeding six-months, a new CUP is required.

 

In July of 2016, the property owner received a Special Exception from the Zoning Board of Adjustments to allow the reconstruction of a nonconforming building which has been damaged to the extent more than 50% of its Replacement Cost (Section 4.5.3.7(b)(2)). The Special Exception was approved with the condition that the applicant work with the City and stakeholders, including neighboring residents, to mitigate flooding on adjacent property to address landscaping, reduce light pollution, reassess the dumpster location, and perform a Watershed Protection Plan Phase 2 for the proposed drainage improvements.

 

According to the application, the gross floor area of the building is approximately 6,315 square feet and will have approximately 96 indoor and 93 outdoor fixed seats. Hours of operation are from 11:00 a.m. to 12:00 a.m. Monday - Sunday. The applicant is providing 54 parking spaces on the site which exceeds the minimum parking requirement of 48 spaces (1 space for every four seats or one space for every 100 square feet of gross floor area, whichever is less). The applicant is not proposing any entertainment facilities on the site.

 

Staff provides this request to the Commission for your consideration and recommends approval of the Conditional Use Permit with the following conditions:

 

1.                     The permit shall be valid for one (1) year, provided standards are met, subject to the point system;

2.                     No live music (acoustic or amplified) shall be allowed on the site;

3.                     The permit shall be effective upon issuance of the Certificate of Occupancy; and

4.                     The permit shall be posted in the same area and manner as the Certificate of Occupancy.