The purpose of this agenda item is to consider a Conditional Use Permit to allow for “Restaurant” in NS (Neighborhood Service) District for Building B, Lot 4, Block A, Summit 56, a subdivision in Travis County, Texas, as recorded in Document No. 201000095, located at 15500 SH-71 West, Bee Cave, TX 78738.

The Summit 56, Lot 4 project is an existing 7.85 acre development also known as “Bee Cave Retail.” The subject lot is one of seven platted lots comprising the overall Summit 56 Subdivision (totaling 56.726 acres), recorded as document no. 201000095 in the Official Public Records of Travis County Texas.  The Summit 56 final plat was approved by the City of Bee Cave on May 25, 2010.  At that time, the property was located within the City’s extra-territorial jurisdiction.  The City annexed this property and adjacent properties (i.e., Covert Tract) in 2013 via Ordinance No. 13-160.  In July 2016, City Council approved a Site Development plan for Lot 4; please find the transmittal letter here. 

The subdivision is zoned as Neighborhood Service (NS). Retail and office uses are permitted within NS zone; however, restaurant uses require a Conditional Use Permit (CUP). The applicant requests a Conditional Use Permit to allow “Restaurant” use for Building B, Lot 4, Block A, located on their property at 15500 SH-71 West, Bee Cave, TX. The base Zoning District will remain NS (Neighborhood Service).

P - Designates use permitted in the zoning district indicated.

Blank - Designates use prohibited in the zoning district indicated.

C - Designates use may be permitted in the zoning district indicated by Conditional Use Permit.

Site: Total acreage of Lot 4, Block A is approximately 7.841 acres and contains a 27,930 square foot shopping center. The subject site is constructed and approved in terms of landscaping, water quality, architectural standards, etc. The restaurant use is proposed to occupy 1,600 SF in Building B and is planned for a Domino’s Pizza (pick-up and delivery.)

Zoning: NS (Neighborhood Service)

Future Land Use Map: Suburban Corridor

Adjacent Uses:

• East/West: Summit 56 non-residential development (Nitro Swim); Zoned NS
• South: Bella Colinas Commercial (across Hwy 71);  ETJ
• North: Vacant restaurant (former Hill Country Golf and Guitar site); Zoned NS

Access/ Parking: Site access will be provided by the existing Nitro Swim driveway (with expansion from 2 to 3 lanes) at the southwest corner of the lot and by the existing driveway (with upgrades and expansion) at the southeast corner of the lot.  Four driveway access points from SH 71 have been permitted by TxDOT and constructed as part of the Summit 56 subdivision construction plans.  All seven lots share a 50’ Joint Access Easement that spans the entire frontage along SH 71.  Thus, any one of the four driveways can serve as an access point to all seven lots.

A total of 206 parking spaces are provided.The project includes three retail buildings and one office building, all of which are classified as permissible in NS zoning districts. The use of restaurant and office shall not require more parking than what is approved as part of the issued Site/NPS permit. If restaurants are proposed in any one or combination of the buildings, the total provided parking per the approved site plan can accommodate a maximum of 6,500 SF of restaurant space. Currently, the 1,600 SF space within Building B is the first restaurant lease being proposed. The applicant has confirmed that they will continue to monitor the leasing program and are aware that the restaurant square footage is limited to 6,500 SF. See table below for further details:

Hours of Operation: Hours of operation in the Neighborhood Service zoning district are 6:00am to 10:00pm, with the exception of restaurants, health-care facilities, lodging facilities, such as motels and hotels, emergency veterinary services, and government and public uses (Sec. 32.03.009(e)(5)).  The proposed hours of operation for the subject site are from 10:30 AM to 12:00 AM.

Landscape Plan, Screening: The landscape plan and landscape irrigation plan meets or exceeds the minimum requirement as specified in the City’s Code of Ordinance. Property owner has agreed to provide a floating 20’ pedestrian easement (for hike and bike trail) either within the 75’ front setback or in the rear side (near the WQBZ but outside of floodplain).  If City plans to build the trail in future, the exact location will be determined at that time in a manner that will be acceptable to both the property owner and the City.  Staff will continue seeking floating 20’ pedestrian easement for any future development within this and adjacent subdivision so that a trail can be built from Vail Divide to all of the three non-residential subdivisions (on the north side of SH-71) which will provide pedestrian connectivity option for residents of Falconhead West and Canyonside subdivisions.

Water Quality: Compliance with the City’s non-point source pollution prevention requirements are achieved by a retention water quality pond and the required irrigation area.  The pond will also provide on-site detention for 2-year storm event.  Developer has already recorded the maintenance plan for water quality controls (Doc. 2016041738).

Buildings: The plan for building’s exterior elevation meets City code as stated in Sec. 32.05.005 for criteria such as materials, color, articulation, variation, etc.  Please see attached sheets depicting building elevation renderings.

Conditions:

• This CUP shall apply only to the space occupied by the Restaurant in Building B, Suite 300, located at 15500 West State Highway 71. Should another restaurant be proposed within Lot 4, the applicant must submit a separate CUP application. 
• Permittee shall inform the City any time there is a new tenant to ensure compliance with the requirements of this CUP. If Permittee fails to do so, the City may revoke this CUP and require Permittee to reapply for a new CUP.
• The Restaurant shall not provide a drive-through ordering system nor a drive-through window service.
• Amendments to development for this Property in the future shall comply with Neighborhood Services zoning except as may be approved by this Conditional Use Permit or as same may be amended.
• Operation of the Restaurant shall be between the hours of 10:30 am to 12:00 am.

Staff recommends approval of the Conditional Use Permit for “Restaurant” in the NS (Neighborhood Service) zoning district.