Conditional Use Permits (CUP) amend zoning classifications on a discretionary and conditional basis. A conditional use permit is governed by Section 25 of the Austin Land Development Code (LDC). According to the LDC, a CUP is required to allow the sale of beer and wine on land zoned as Public (P). When concerning parks and recreation services, the CUP application process usually takes about 6 months and undergoes a full review within the Development Services Department (DSD) culminating in review and approval by both the Parks and Recreation Board (PARB) and the Planning Commission. After Planning Commission approval, the area defined for the CUP will then be changed from P zoning to P-Park and Recreation Services (Special). This webpage discusses the process and any applications that are pending.
Early in 2020, the Parks and Recreation Department (PARD) conducted a review and assessment of existing vendors. PARD learned that a Conditional Use Permit (CUP) would be required for any vendor to sell wine and beer for consumption in addition to Texas Alcohol Beverage Commission (TABC) processes. Special events on parkland, often include the sale of wine and beer, for these types of events a temporary sale of alcoholic beverages is obtained through the TABC. A CUP is required for permanent sale of beer and wine.
Conditional Use Permit Process
- PARD prepares a site plan, application, and supporting documents and submits them to Development Services Department (DSD).
- DSD distributes the application materials to 13 reviewers representing various disciplines for review and sends a notice to neighbors that a CUP application has been submitted.
- The CUP applicant presents to the Parks and Recreation Board for recommendation of approval of a CUP.
- Once all DSD reviews are complete with satisfactory responses from PARD, the application process is complete.
- DSD schedules an appearance at the next available Planning Commission meeting.
- DSD issues a notification of the meeting date to those individuals and groups surrounding the area.
CUP Project: Austin Rowing Club at Waller Creek Boathouse
The Austin Rowing Club (ARC) occupies and operates from the Waller Creek Boathouse (WCB), offering a variety of different activities such as rowing, kayaking, and paddle boarding for rental and instruction. The boathouse is a City of Austin-owned facility completed in 2011 located along the Ann and Roy Butler Hike and Bike Trail at Lady Bird Lake.
The ARC provides various outreach programs to the Austin community. These include opportunities for veterans, breast cancer survivors, at-risk youth, economically disadvantaged youth, senior citizens, Paralympic athletes, and intellectually challenged adults. Staff and volunteers work to create new programming that provides curriculum for middle school students, team building exercises for nonprofits, and fundraising for new adaptive rowing equipment.
The facility has two levels: The upper level of Waller Creek Boathouse is a 1,900 sq. ft. indoor and outdoor space. The lower level is comprised of 2,700 sq. ft. with a flagstone terrace surrounded by grass and trees. Indoor and outdoor restrooms are available, and the building is ADA-compatible.
The proposed CUP at the Waller Creek Boathouse will allow for the sale of alcohol in a predetermined area in alignment with current City of Austin Code of Ordinances.
Waller Creek Boat House, Austin Rowing Club CUP Project Schedule
- Fall 2023: Preparation of CUP application and submittal to Development Services Division (DSD)
- February 2024: Community Input Survey (closed February 22)
- February 26, 2024: Parks and Recreation Board Meeting
- January 28, 2025: Planning Commission Meeting
- Approved on Consent
Community Input Opportunities
The Department presented the conditional use permit process to the Parks and Recreation Board on February 26th, 2024. A recording of the presentation is available here.
Project Contact
For questions, contact Reynaldo Hernandez, Project Manager, by email or phone at 512-974-9464.
Past Applications
- Zilker Park Cafe
-
CUP Project: Zilker Café
In early 2015, prior to the solicitation of the Zilker Café, PARD conducted a public survey that included an open-ended question regarding possible menu items. Some respondents requested beer and wine. Based on stakeholder input and feedback from this survey, PARD released a Request for Proposals with language that indicated that the Concessionaire may sell beer and wine with prior written approval from the PARD Director.
The Zilker Café Rehabilitation was completed earlier this year, including a new concrete sidewalk that will connect the Train Depot to the Café to the Bath House. Amidst the construction close-out process, it came to the attention of the Parks and Recreation Department (PARD) that a Conditional Use Permit (CUP) would be required in order for the selected food vendor to sell wine and beer for consumption. Special events at Zilker Metropolitan Park often include the sale of wine and beer, such as ACL Music Festival, Blues on the Green, Trail of Lights, among others. However, a CUP is not required for temporary sales of wine and beer.
A Conditional Use Permit to amend the zoning of Zilker Café in order to allow for the sale of wine and beer in the defined vendor area was not approved by PARB or the Planning Commission and PARD is not seeking to appeal this decision.
Zilker Cafe CUP Project Schedule (updated Aug. 27, 2021)
April 19, 2021: CUP application submitted to DSD June 8, 2021: PARB Contracts & Concessions Committee Presentation (Meeting Canceled) June 17: Community Meeting (view recording) June 22, 2021: PARB Presentation (view PDF) August 2021: DSD reviews complete August 24, 2021: PARB renews June 22, 2021 motion September 28, 2021: PARB Presentation October 26, 2021: Planning Commission: Planning Commission voted to not approve conditional use permit.
Concessionaire Contract Contacts
Denisha Cox, Contract Management Specialist IV, 512-974-6718, email Patricia Rossett, Contract Management Supervisor, 512-974-6778, email
The Develop Services Department will send out a public notice informing of the Planning Commission date, which is tentatively set for October 12, 2021. The public may provide comments at this time by signing up as a speaker at the meeting.
Project Contacts
George Maldonado, Project Manager, 512-974-9525, email Christina Bies, Project Coordinator, 512-974-9490, email
PARD hosted a virtual meeting at 6:00 p.m. on June 17, 2021 to inform community members about the CUP and listen to community input around the sale of wine and beer at the Zilker Café. This meeting is not a requirement of the process but will be an opportunity to answer questions and listen to the community.
Community Meeting
June 17, 2021
6 p.m. to 7:30 p.m.
Zoom meeting recordingMeeting presentation (PDF) Meeting Q&A Report (PDF)
- Republic Square
-
In early 2011 the City of Austin Parks and Recreation Department began a visioning process to rehabilitate Republic Square. Culminating in a private public partnership with the Downtown Austin Alliance and The Parks Foundation, the Parks and Recreation Department reopened a completely renovated Republic Square in 2016. Soon after, work began in earnest to construct and complete a new vendor café kiosk. The café was completed in 2018 and began the sale of refreshments and food as well as alcoholic beverages.In review of the vendor café and vending opportunities, it came to the attention of the Parks and Recreation Department (PARD) that a Conditional Use Permit (CUP) would be required in order for a the selected food vendor to sell wine and beer for consumption. Special events at Republic Square Zilker Metropolitan Park often include the sale of wine and beer, for these type of events a temporary sale of alcoholic beverages is obtained through the Texas Alcohol Beverage Commission (TABC).
Republic Square CUP Project Schedule
January 2022: CUP application submitted to Development Services Division
July 2022: Recommendation for approval
January 2023: Approval of CUP by Planning Commission
RECENT NEWS