08 C14-2026-0048 - 1801 and 1805 W. 35th Street; District 10 - Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2026-0048 (1801 and 1805 W 35th Street) DISTRICT: 10 ADDRESS: 1801, 1803, and 1805 West 35th Street ZONING FROM: LO-NP TO: LR-NP SITE AREA: .75 acres (32,670 sq. ft.) PROPERTY OWNER: Joan Johnson Culver (1801 West 35th Street) and Ray Anthony Zvonek (1803 and 1805 West 35th Street) AGENT: Drenner Group, PC (Drew Raffaele) CASE MANAGER: Beverly Villela (512-978-0740, Beverly.Villela@austintexas.gov) STAFF RECOMMENDATION: Staff recommends LR-CO-NP. See the Basis of Recommendation section below. The Conditional Overlay will prohibit the following use: Service Station. PLANNING COMMISSION ACTION / RECOMMENDATION: August 25, 2026: CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: No. ISSUES: N/A Staff is aware that there are a total of 14 dwelling units on the site, 10 of which are currently occupied. The developer will be required to comply with the Tenant Notification and Relocation Assistance requirements as outlined in Section 25-1-712 of the Land Development Code, as applicable, prior to the relocation of existing tenants. CASE MANAGER COMMENTS: The subject property consists of approximately 0.75 acres located at 1801, 1803, and 1805 West 35th Street. West 35th Street is a Level 3 roadway per the Austin Strategic Mobility Plan (ASMP) and the site is located in Imagine Austin and Core Transit corridors. The site is currently developed with multifamily residential and commercial retail uses and is zoned Limited Office-Neighborhood Plan (LO-NP). The property is located within the Central West Austin Combined Neighborhood Planning Area, specifically the Windsor Road Neighborhood Plan area. Surrounding land uses include multifamily residential and retail uses to the north (MF-3; LR), single-family residential uses to the south (SF-3-NP), multi- 08 C14-2026-0048 - 1801 and 1805 W. 35th Street; District 101 of 12C14-2026-0048 Page 2 family residential, retail, and financial services uses to the east (LO-NP; CS-NP), and retail and personal services uses to the west (LR-NP; LO-MU-CO-DB90-NP). Please refer to Exhibits A (Zoning Map) and B (Aerial View). The applicant is requesting LR-CO-NP, Neighborhood Commercial-Neighborhood Plan, zoning to allow for the adaptive reuse of the existing structures for neighborhood office and commercial uses. The existing site contains a total of 14 dwellings units and approximately 3,240 square feet of commercial space. The requested zoning is consistent with the Future Land Use Map designation (FLUM) of Neighborhood Commercial, and a neighborhood plan amendment is not required. The conditional overlay would prohibit service station as a use on the property. Staff recommends the applicant’s request of LR-CO-NP as it aligns with the Future Land Use Map designation of Neighborhood Commercial and provides opportunities for neighborhood serving commercial uses along a Level 3 roadway and Imagine Austin Corridor. The request would allow for the reuse of the existing structures for neighborhood office and commercial uses and is consistent with the surrounding development pattern along West 35th Street. The Conditional Overlay would prohibit Service Station, further limiting a use that may be less compatible with the surrounding area. The applicant is in agreement with the staff recommendation. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. Neighborhood Commercial (LR) district is intended for neighborhood shopping facilities which provide limited business service and office facilities predominately for the convenience of residents of the neighborhood. Conditional Overlay (CO) combining district may be applied in combination with any base district. The district is intended to provide flexible and adaptable use or site development regulations by requiring standards tailored to individual properties. Neighborhood Plan (NP) district denotes a tract located within the boundaries of an adopted Neighborhood Plan. 2. Zoning changes should promote compatibility with adjacent and nearby uses. The requested LR-CO-NP zoning would allow neighborhood service commercial uses at a scale intended to serve the surrounding area. The property is located along West 35th Street, an Imagine Austin Corridor and Core Transit Corridor, and the applicant proposes to utilize the existing structures for continued neighborhood office and commercial uses. The surrounding area contains a mix of multifamily residential, single family residential, retail, office, personal services, and other commercial uses. 08 C14-2026-0048 - 1801 and 1805 W. 35th Street; District 102 of 12 C14-2026-0048 Page 3 3. The proposed zoning should promote consistency and orderly planning. The requested LR-CO-NP zoning is consistent with the Neighborhood Commercial Future Land Use Map designation for the property and does not require an amendment to the neighborhood plan. Neighborhood Commercial zoning is also present immediately west of the property and along the north side of West 35th Street. EXISTING ZONING AND LAND USES: ZONING LAND USES LO-NP Site North MF-3; LR South East West SF-3-NP LO-NP; CS-NP LR-NP; LO-MU-CO- DB90-NP; LR-NP Multifamily and Retail Multifamily; Retail Single Family Residential Multifamily and Retail; Financial Services Retail; Personal Services; Retail NEIGHBORHOOD PLANNING AREA: Central West Austin Combined (Windsor) WATERSHED: Shoal Creek Watershed – Urban CAPITOL VIEW CORRIDOR: N/A SCENIC ROADWAY: N/A SCHOOLS: Austin Independent School District Bryker Woods Elementary School O Henry Middle School Austin High School COMMUNITY REGISTRY LIST: Austin Neighborhoods Council, Bryker Woods Neighborhood Association, Central West Austin Neighborhood Plan Contact Team, Friends of Austin Neighborhoods, Homeless Neighborhood Association, Preservation Austin, Save Barton Creek Assn., Shoal Creek Conservancy, West Austin Neighborhood Group AREA CASE HISTORIES: NUMBER C14-2024-0059 REQUEST LO-MU-CO-NP to LO-MU-CO-DB90- NP C14-2022-0021 LR-NP to LO-MU-NP COMMISSION To Grant Staff’s Recommendation of LO-MU-CO- DB90-NP (05/28/2024) To Grant Staff’s Recommendation of LO-MU-NP (06/28/2022) CITY COUNCIL Approved LO-MU-CO- DB90-NP as Commission Recommended (09/12/2024) Approved LO-MU-NP as Commission Recommended (09/01/2022) 08 C14-2026-0048 - 1801 and 1805 W. 35th Street; District 103 of 12 C14-2026-0048 Page 4 C14-2021-0137 LR-NP to CS-NP To Grant CS-CO- NP (10/26/2021) Approved CS-CO-NP with updated conditions in the CO (03/24/2022) RELATED CASES: C8S-70-121 – Mayberry Addition Subdivision Case ADDITIONAL STAFF COMMENTS: Comprehensive Planning: Project Name and Proposed Use: 1801 W 35TH STREET. C14-2026-0048. Project: 1801 and 1805 W 35th Street. 0.75 acre tract from LO-NP to LR-NP. Existing: multifamily housing (4 units), strip retail plaza, and multifamily housing (10 units). Proposed: multifamily housing (4 units), strip retail plaza, and multifamily housing (10 units). Demolition is to be determined. Yes Y Imagine Austin Decision Guidelines Complete Community Measures * 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 Street 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 along W 35th Street Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane. • Sidewalk present along W 35th Street Y 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 Street Connectivity and Food Access *: Provides or is located within 0.50 miles of a grocery store/farmers market. Y Connectivity and Education *: Located within 0.50 miles from a public school or university. • 0.3 miles to Bryker Woods Elementary School Y Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a recreation area, park or walking trail. • 0.4 miles to Seiders Springs Greenbelt Y 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.) • 0.5 miles to Ascension Seton Medical Center 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, 08 C14-2026-0048 - 1801 and 1805 W. 35th Street; District 104 of 12 C14-2026-0048 Page 5 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). 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 7 Number of “Yes’s” 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 1. The site has a small portion of the Edwards Aquifer Recharge Zone within the “1805” portion of the lot. The site is located in the Shoal 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. 2. Zoning district impervious cover limits apply in the Urban Watershed classification. 3. According to floodplain maps there is no floodplain within or adjacent to the project location. 4. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. 08 C14-2026-0048 - 1801 and 1805 W. 35th Street; District 105 of 12 C14-2026-0048 Page 6 5. 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. 6. 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. 7. 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. Development Classification % of Gross Site Area Single-Family (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex Multifamily Commercial 50% 55% 60% 80% % of Gross Site Area with Transfers 60% 60% 70% 90% Fire No comments on zoning change. PARD – Planning & Design Review PR1: Parkland dedication will be required for the new applicable uses proposed by this development, multifamily and retail with and retail with LR-NP zoning, at the time of subdivision or site plan, per City Code § 25-1-601. Whether the requirement shall be met with fees in-lieu or dedicated land will be determined using the criteria in City Code Title 25, Article 14, as amended. Should fees in-lieu be required, those fees shall be used toward park investments in the form of land acquisition and/or park amenities within the surrounding area, per the Parkland Dedication Operating Procedures § 14.3.11 and City Code § 25-1-609, as amended. If the applicant wishes to discuss parkland dedication requirements in advance of site plan or subdivision applications, please contact this reviewer: ann.desanctis@austintexas.gov. At the applicant’s request, PARD can provide an early determination of whether fees in-lieu of land will be allowed. Site Plan SP1. FYI: All comments regarding the effects of the proposed rezoning on subsequent Site Plan Review applications are intended to assist in identifying potential development constraints but do not include all 08 C14-2026-0048 - 1801 and 1805 W. 35th Street; District 106 of 12 C14-2026-0048 Page 7 regulations which may affect a specific proposal. Changes to property boundaries and requests for development cannot include all regulatory limitations which may apply to a specific subject to modification or reconsideration if affected by a change in property boundaries or if development is proposed on only a portion of the land proposed for rezoning. These comments are intended to assist in identifying potential development constraints, but do not address the actual restrictions which will apply to a specific development proposal. Austin Development Services offers a variety of pre-application review options to assist in evaluating specific development proposals prior to Site Plan Application. Site plans will be required for any new development except for residential only projects with up to 4 units. Any new development is subject to Subchapter E Commercial Design Standards. Additional comments will be made when the site plan is submitted. The site is subject to compatibility standards due to the adjacency of an SF-3- NP to the south. Any structure that is located: a. At least 50 feet but less than 75 feet from any part of a triggering property may not exceed 60 feet b. Less than 50 feet from any part of a triggering property may not exceed 40 feet An on-site amenity, including a swimming pool, tennis court, ball court, or playground, may not be constructed 25 feet or less from the triggering property. Reference 25-2-1062 The applicant is responsible for requesting relocation and demolition permits once the site plan is approved. The City Historic Preservation Officer will review all proposed building demolitions and relocations prior to site plan approval. If a building meets city historic criteria, the Historic Landmark Commission may initiate a historic zoning case on the property. SP2. SP3. SP4. SP5. SP6. SP7. Austin Transportation and Public Works Department – Engineering Review TPW 1. Transportation assessment/traffic impact analysis and transportation demand management plan shall be required at the time of site plan if triggered per LDC 25-6 and TCM 10.2.1. Assessment of required transportation mitigation, including the potential dedication of right of way and easements and participation in roadway and other multi-modal improvements, will occur at the time of site plan application. 08 C14-2026-0048 - 1801 and 1805 W. 35th Street; District 107 of 12 C14-2026-0048 Page 8 TPW 2. 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]. TPW 3. The adjacent street characteristics table is provided below: Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Capital Metro (within ¼ mile) W 35TH ST Level 3 80’ 70’ 43’ Yes Yes Yes Austin Water Utility No comments on zoning change. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: Exhibit A: Zoning Map Exhibit B: Aerial Map Exhibit C: Applicant’s Summary Letter Exhibit D: Applicant and Staff Correspondence 08 C14-2026-0048 - 1801 and 1805 W. 35th Street; District 108 of 12 08 C14-2026-0048 - 1801 and 1805 W. 35th Street; District 109 of 1208 C14-2026-0048 - 1801 and 1805 W. 35th Street; District 1010 of 12Drew Raffaele draffaele@drennergoup.com 512-807-2913 Ms. Andrea Bates Planning Department City of Austin 6310 Wilhelmina Delco Drive Austin, TX 78752 June 4, 2026 Via Electronic Delivery Re: 1801 and 1805 W 35th Street – Rezoning application for a 0.75-acre property located at 1801, 1803, and 1805 W 35th Street, Austin, Texas 78703 (the "Property"). Dear Ms. Bates: As representatives of the owners of the Property, we respectfully submit the enclosed rezoning application package. The project, titled 1801 and 1805 W 35th Street, consists of two tracts totaling 0.75 acres, located midblock on the south side of W 35th Street between Oakmont Boulevard and Jefferson Street. W 35th Street is an Imagine Austin Corridor and a Core Transit Corridor. The Property is within the City of Austin’s full purpose jurisdiction and is currently developed with residential and commercial uses. The Property is currently zoned LO-NP (Limited Office – Neighborhood Plan). The requested rezoning is from LO-NP to LR-NP (Neighborhood Commercial – Neighborhood Plan). The purpose of this rezoning is to allow for adaptive reuse of the existing structures for neighborhood office and commercial uses. This rezoning request is consistent with the zoning designations surrounding the Property, including the property directly to the west and the properties along the north side of W 35th Street. Additionally, the owner will comply with the City of Austin Tenant Notification and Relocation Ordinance requirements relating to the applicable applications prior to any improvements to the Property. The Property is located in the Central West Austin Combined Planning Area, specifically within the Windsor Road Neighborhood Plan area and has a Future Land Use Map designation of Neighborhood Commercial. A Neighborhood Plan Amendment is not required with this rezoning request, per the memo from Maureen Meredith dated May 18, 2026. The requested rezoning supports the plan’s Land Use Goal L.2.7 related to maintaining “the residential scale and character along W. 35th Street,” by utilizing the existing structures for continued use as “neighborhood-serving businesses [and] stores.” A Traffic Impact Analysis (“TIA”) is not required with this rezoning request, per the attached zoning TIA Determination executed by Mustafa Wali, dated May 11, 2026. Please let me know if you or your team members require additional information or have any questions. Thank you for your time and attention to this project. Sincerely, Drew Raffaele cc: Joi Harden, Planning Department (via electronic delivery) Cynthia Hadri, Planning Department (via electronic delivery) 2705 Bee Cave Road, Suite 100 | Austin, Texas 78746 | 512-807-2900 | www.drennergroup.com 08 C14-2026-0048 - 1801 and 1805 W. 35th Street; District 1011 of 12 Villela, Beverly From: Sent: To: Cc: Subject: Drew Raffaele Thursday, August 13, 2026 11:13 AM Villela, Beverly Tori Kuntz RE: C14-2026-0048 W 35th Street Rezoning Case External Email - Exercise Caution Hi Beverly, We are good with sta(cid:20)’s recommended CO. Drew Ra(cid:8)aele, Senior Project Manager Drenner Group, PC | O(cid:8)ice: 512.807.2900 | Direct: 512.807.2913 | Mobile: 817.371.3150 From: Villela, Beverly Sent: Wednesday, August 12, 2026 11:39 AM To: Drew Raffaele Cc: Tori Kuntz Subject: C14-2026-0048 W 35th Street Rezoning Case Good morning Drew, Sta(cid:20) met this morning and we are recommending adding a CO with Service Station as a prohibited use. Please let me know your thoughts, thank you! Regards, Beverly Villela Senior Planner – Current Planning Austin Planning Department 512-978-0740 CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at 1 08 C14-2026-0048 - 1801 and 1805 W. 35th Street; District 1012 of 12