08 C14-2024-0106 - 1912 W 35th Street; District 1 Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2024-0106 – 1912 W 35th Street ZONING FROM: LO ADDRESS: 1912 West 35th Street SITE AREA: 0.243 acres (10, 585 sq. ft.) PROPERTY OWNER: ZONING TO: LR DISTRICT: 10 1912 W 35th St LLC, a Texas limited liability company (David Gibson) AGENT: Armbrust & Brown, PLLC (Ferris Clements) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to grant neighborhood commercial (LR) zoning district. PLANNING COMMISSION ACTION / RECOMMENDATION: August 27, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: N/A CASE MANAGER COMMENTS: The property in question is approximately 0.24 acres, developed one building, has access to West 35th Street (level 3) and Jackson Avenue (level 1), and is currently zoned limited office (LO) district. The property has single family residences (SF-3 and SF-3-NP) to the north and south. There are various types of offices and retail (LO and LR) to the east and unzoned property (UNZ) to the west that was previously used for transportation. Please refer to Exhibits A (Zoning Map) and B (Aerial View). Staff is recommending the neighborhood commercial (LR) district zoning for pet services use where there is currently a medical office. C14-2024-0106 2 BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. 2. The neighborhood commercial district is intended for neighborhood shopping facilities which provide limited business service and office facilities predominately for the convenience of residents of the neighborhood. Zoning should allow for reasonable use of the property. ZONING LO SF-3 SF-3-NP LO and LR UNZ Staff recommends the applicant’s request because the lot meets the intent of the LR district as this rezoning would provide limited facilities predominately for the convenience of residents of the neighborhood. The applicant is proposing a pet service use for the property. EXISTING ZONING AND LAND USES: Site North South East West NEIGHBORHOOD PLANNING AREA: Rosedale (Future Planning Area) WATERSHED: Johnson Creek (Urban) CAPITOL VIEW CORRIDOR: No SCHOOLS: Austin Independent School District Bryker Woods Elementary School O Henry Middle School COMMUNITY REGISTRY LIST: LAND USES Medical Office Single Family Residential Single Family Residential Medical Offices and Retail Unzoned Property SCENIC ROADWAY: No Austin High School Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Austin Regional Group Bull Creek Road Coalition Bryker Woods Neighborhood Association Central West Austin Neighborhood Plan Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Oakmont Heights Neighborhood Assn. Preservation Austin SELTexas Save Barton Creek Assn. Shoal Creek Conservancy Sierra Club TNR BCP – Travis County Natural Res. West Austin Neighborhood Group C14-2024-0106 3 AREA CASE HISTORIES: NUMBER C14-2024-0059 - 1809 W 35th Street Rezoning REQUEST LO-MU-CO-NP to LO-MU-DB90- CO-NP CITY COUNCIL TBD (08/29/2024) COMMISSION To Grant LO-MU-CO-DB990-NP with the following COs; 1) For any commercial permitted uses on the Property that include an outdoor seating area elevated above one story or 15 feet as measured from ground level, the elevated seating area is limited to 2,500 square feet. This condition shall not apply to residential uses. 2) A 5-foot wide vegetative buffer shall be provided and maintained along the south property lines. Any trees planted in the vegetative buffer shall be compatible with utilities and have a spacing of 20 feet. Improvements permitted within the vegetative buffer area are limited to drainage, underground utility improvements, or those improvements that may be otherwise required by the City of Austin or specifically authorized in this ordinance. (date) To Grant LO-MU-NP (06/28/2022) To Grant LO-CO with the following prohibited uses: Medical offices use exceeding 5,000 sq. ft. gross floor area) and medical offices use (not exceeding 5,000 sq. ft. gross floor area) (2/5/2008) C14-2022-0021 - SHQ W 35th LR-NP to LO- MU-NP C14-2007-0267– 1904 W 35th St SF-3 to LO Approved LO-MU-NP as Planning Commission Recommended (07/28/2022) Approved LO-CO as Zoning and Platting Commission Recommended (3/6/2008) RELATED CASES: There are no related cases. ADDITIONAL STAFF COMMENTS: Comprehensive Planning: Project Name and Proposed Use: C14-2024-0106. 1912 W 35TH STREET. Project: 1912 W 35th Street. 0.2430 acres from LO to LR. Existing: medical office (2,353 sq. ft.). Proposed: pet services (2,353 sq. ft.). C14-2024-0106 4 Yes Imagine Austin Decision Guidelines Complete Community Measures * Y Imagine Austin Growth Concept Map: Located within or adjacent to an Imagine Austin Activity Center, Imagine Austin Activity Corridor, or Imagine Austin Job Center as identified the Growth Concept Map. Names of Activity Centers/Activity Corridors/Job Centers *:  Adjacent to 35th/38th Activity Corridor Y Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station.  Adjacent to bus stop on W 35th St Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane.  Sidewalk present on Jackson Ave and W 35th St Connectivity, Good and Services, Employment *: Provides or is located within 0.50 miles to goods and services, and/or employment center.  Goods and Services present along W 35th St Connectivity and Food Access *: Provides or is located within 0.50 miles of a grocery store/farmers market. Connectivity and Education *: Located within 0.50 miles from a public school or university.  0.5 miles to Bryker Woods Elementary School Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a recreation area, park or walking trail.  0.5 miles to Shoal Creek Trail Connectivity and Health *: Provides or is located within 0.50 miles of health facility (ex: hospital, urgent care, doctor’s office, drugstore clinic, and/or specialized outpatient care.)  Multiple health facilities present within 0.5 miles along W 35th St and Jefferson St; 0.5 miles to Ascension Seton Shoal Creek Hospital Housing Choice *: Expands the number of units and housing choice that suits a variety of household sizes, incomes, and lifestyle needs of a diverse population (ex: apartments, triplex, granny flat, live/work units, cottage homes, and townhomes) in support of Imagine Austin and the Strategic Housing Blueprint. Housing Affordability *: Provides a minimum of 10% of units for workforce housing (80% MFI or less) and/or fee in lieu for affordable housing. Mixed use *: Provides a mix of residential and non-industrial uses. Culture and Creative Economy *: Provides or is located within 0.50 miles of a cultural resource (ex: library, theater, museum, cultural center).  0.5 miles to the Texas Military Forces Museum Culture and Historic Preservation: Preserves or enhances a historically and/or culturally significant site. Creative Economy: Expands Austin’s creative economy (ex: live music venue, art studio, film, digital, theater.) Workforce Development, the Economy and Education: Expands the economic base by creating permanent jobs, especially in industries that are currently not represented in a particular area or that promotes a new technology, and/or promotes educational opportunities and workforce development training. Industrial Land: Preserves or enhances industrial land. Not located over Edwards Aquifer Contributing Zone or Edwards Aquifer Recharge Zone Number of “Yes’s” Y Y Y Y Y 8 C14-2024-0106 5 Drainage: The developer is required to submit a pre- and post-development drainage analysis at the subdivision and site plan stage of the development process. The City’s Land Development Code and Drainage Criteria Manual require that the Applicant demonstrate through engineering analysis that the proposed development will have no identifiable adverse impact on surrounding properties. Environmental: The site is located over the Edwards Aquifer Recharge Zone. The site is located in the Johnson Creek Watershed of the Colorado River Basin, which is classified as an Urban Watershed by Chapter 25-8 of the City's Land Development Code. It is in the Desired Development Zone. Zoning district impervious cover limits apply in the Urban Watershed classification. According to floodplain maps there is no floodplain within or adjacent to the project location. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. At this time, site specific information is unavailable regarding vegetation, areas of steep slope, or other environmental features such as bluffs, springs, canyon rimrock, caves, sinkholes, and wetlands. This site is required to provide on-site water quality controls (or payment in lieu of) for all development and/or redevelopment when 8,000 s.f. cumulative is exceeded, and on site control for the two-year storm. At this time, no information has been provided as to whether this property has any preexisting approvals that preempt current water quality or Code requirements. % of Gross Site Area % of Gross Site Area with Transfers 50% 60% Development Classification Single-Family (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex Multifamily Commercial 55% 60% 80% 60% 70% 90% Fire: There are no comments. PARD – Planning & Design Review: Parkland dedication fees may apply to any future site or subdivision applications resulting from this rezoning. As of January 1, 2024, new commercial non-residential uses, such as pet C14-2024-0106 6 services, are not subject to parkland dedication requirements at the time of site plan and subdivision. Site Plan: 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. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. This tract is already developed, and the proposed zoning change is a footprint within the existing development FYI This site is in the Rosedale Neighborhood Plan Austin Transportation Department – Engineering Review: The Austin Strategic Mobility Plan (ASMP) calls for 58 feet of right-of-way for Jackson Ave. It is recommended that 29 feet of right-of-way from the existing centerline should be dedicated for Jackson Ave according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. The Austin Strategic Mobility Plan (ASMP) calls for 80 feet of right-of-way for W 35th St. It is recommended that 40 feet of right-of-way from the existing centerline should be dedicated for W 35th St according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. Existing Street Characteristics: Name ASMP Classification Existing ROW Existing Pavement Sidewalks Bicycle Route Capital Metro (within ¼ mile) ASMP Required ROW Level 1 58 feet Yes Yes Yes Jackson Ave W. 35th St Approx 50 feet Approx 34 feet Approx 135 feet, atypical intersection Approx 50 feet Level 3 80 feet Yes Yes Yes C14-2024-0106 7 Austin Water Utility: No comments on zoning change. FYI: The landowner intends to serve the site with existing City of Austin water utilities. Based on current public infrastructure configurations, it appears that service extension requests (SER) will be required to provide service to this lot. For more information pertaining to the Service Extension Request process and submittal requirements contact the Austin Water SER team at ser@austintexas.gov. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: A. Zoning Map B. Aerial Map C. Applicant’s Summary Letter Correspondence from Interested Parties SF-3 B S Y P X E C A P O M N P M A R H T 5 3 O T B S C A P O M N B N Y P X E C A P O M N P M A R B N C A P O M O T H T 5 3 W CP14-73-29 P 99-0113 87-59 C14-99-0113 LO P M A R B E H T 5 3 O T B S C A P O M N ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( W 40TH ST ( ( ( ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( (( ( ( ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION UNZ ( ( ( ( ( SF-3 ( ( ( ( ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( SF-3 ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( ( SF-3 ( ( ( E V A N O S K C A J ! ! ! ! ! ! ! ! SP86-47 ( ( 90-052 LO ! C14-2008-0004 2 2 - 0 8 ( 7 4 1 - 1 8 ( ( C14-2007-0267 ( ( LO-CO C14-2008-0004 LO ( VEHICLE WHSE. ( D V L B T N O M K A O ( ( ( ( ( ( ( ( LO 4 2 0 - 2 8 C14-2008-0004 9 1 - 6 6 LR TOWN HOUSES ( ( ( ( ( ( ( ( ( ( SF-3 T I N E S L S I G H T PUD C814-2015-0074 STATE HWY. DEPT. PARKING LOT F A B L E L N ( ( ( ( ( ( ( ( ( SF-3 ( ( ( D D R WIL E IDL ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( W 39T ( H S T ( ( ( ( ( ( ( ( ( ( ( ( ( ( R A D LE E G RID ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( SF-3 ( ( SF-3 H T A P S E T E P ( ( ( ( ( ( ( ( ( SF-3 ( ( ( ( ( ( W 38TH ST ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( SF-3 ( ( W 37TH ST ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3 ( ( ( ( ( B U L L C R E E K R D 68-185 ( ( ( 82-50 72-276 GR OFFICES ( SF-3 ( ( W 36TH ST ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( E V A N O T W A L MF-2 81-179 SF-3 ( MF-2 ( 72-276 81-179 ( LO 72-116 72-119 CS-V C14-2008-0004 CS SHOPPING C EN TER MF-3 LR C14-2008-0004 ( ( CS-V C14-05-0103 CS-1-CO 85-115 2008-0004 C14-2008-0004 CS-V G U R D R. T S 79-001 CS-H 54-54 T N S O S R E F F JE E R S CS CS LR S P - 0 2 - 0 3 9 0 C LR 73-164 LR Y LT A E R LR D 9 9 3 1-0 0 P- S N O L A S 82-194 GR C L E A N S T A. CS-V 67-44 AIL T E R C14-2008-0004 GR-NP C14-2008-0003 SP-06-0430C C14-00-2233 LR-NP NO-MU-NP ( ( LR-CO-NP P M A T 5 O 3 H R ( B T C N A P O N M SF-3-NP ( SF-3-NP ( SF-3-NP ( C14H-01-0009 SF-3-H-NP H01-0009 ( 2 1 ( W 35TH ST ! ! ! ( ( ( LO-MU-CO-NP ! C14-2008-0003 ! ! ! S T GIF T TIS N E D 67-2 LR-NP C14-2022-0021 NPA-2022-0027.01 ! LR-NP ! ! ! LO-NP ( ( ( ( ( ( ( ( ( ( ( W 34TH ST ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( W 33RD ST ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( C14-2008-0003 9 7-3 6 E M S T N T R A P A C 2 3 4 1-0 P-0 S H S A R W A C ART C14-2008-0003 CS-NP DRIVE-INN ( SF-3-NP ( ( ( ( ( ( ( LO-NP ( S P-8 8-1 PAR KIN G 9 0 C S CS-NP C14-2008-0003 E V CS-CO-NP C14-2021-0137 LO-NP W A VIE N E L G ( ( ( ( NO-NP 88-39 NO-MU-CO-NP C14-03-0161 C14-2019-0163 ( ( SF-3-NP ( ( ( T S N O T S N U F ( ( ( ( ( ( ( ( ( ( ( ( ( D LV T B N O M K A O ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( R E V E B D LY R ( SF-3-NP ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( W 32ND ST ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ZONING ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( R R D E K Y R B ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( 03-0161 75-68 ( 82-1 69-27 3 9 LO-NP 77-161 C14-96-0069 90-18 C14-2022-0010 62-39 ( LINIC C LO-NP ( MF-3-NP ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( N Y L E B R E K ( ( ( ( SF-3-NP ( ( ( ( ( W 33R ( ( D S T ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( SCHOOL SF-3-NP ZONING CASE#: C14-2024-0106 SF-3-NP AUSTIN STATE HOSPITAL C14-2010-0052 P M A R B S C A P O M O T H T 5 3 W UNZ AUSTIN STATE SCHOOL ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY 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 and represents only the approximate relative location of property boundaries. 1 " = 400 ' This product has been produced by the Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Created: 7/11/2024 Exhibit AExhibit BARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 June 28, 2024 FERRIS CLEMENTS (512) 435-2337 fclements@abaustin.com Joi Harden, Planning Officer Planning Department 6310 Wilhelmina Delco Dr. Austin, Texas 78752 Re: Zoning Application for the Property (defined below) (the “Application”) Dear Ms. Harden: This letter, along with the above-reference Applicable, is being submitted on behalf of 1912 W 35th St LLC, a Texas limited liability company (the “Owner”), to rezone approximately 0.2430 acres located 1912 W 35th Street, Austin, Texas 78703 (TCAD Parcel #0122020415) (the “Property”). The applicant seeks to rezone the Property from Limited Office (LO) to Neighborhood Commercial (LR). The Property is currently developed with a commercial building, surface parking lot and associated infrastructure. The Applicant seeks to rezone the Property to allow the permitted use of Pet Services. Thank you in advance for your time and consideration of this Application. If you have any questions or need additional information, please do not hesitate to contact me at (512) 435-2337. Very truly yours, cc: George Murfee David Gibson Richard Suttle David Armbrust {W1212406.1} Exhibit C