10 C14-2026-0056 - W. 35th; District 10 - Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2026-0056 - W. 35th DISTRICT: 10 ZONING FROM: LO-NP ZONING TO: LR-CO-NP ADDRESS: 1721 West 35th Street PROPERTY OWNER: Zahnarzt Properties LLC AGENT: Keepers Land Planning (Ricca Keepers) SITE AREA: 0.27 acres (11, 591 sq. ft.) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to grant neighborhood commercial – conditional overlay – neighborhood plan (LR-CO-NP) combining district zoning. The conditional overlay will prohibit service station. PLANNING COMMISSION ACTION / RECOMMENDATION: October 27, 2026: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: The applicant is amenable to the staff recommendation LR-CO-NP with service station as a prohibited use. CASE MANAGER COMMENTS: The property in question is approximately 0.75 acres located at 1712 West 35th Street. West 35th Street is a Level 3 roadway per the Austin Strategic Mobility Plan (ASMP), an Imagine Austin Corridor and Core Transit Corridor. The site is currently developed with two structures, is zoned Limited Office-Neighborhood Plan (LO-NP) and is designated neighborhood commercial on the Future Land Use Map (FLUM). The property is located within the Central West Austin Combined Neighborhood Planning Area, specifically the Windsor Road Neighborhood Plan area. The surrounding land uses are mixed use which 10 C14-2026-0056 - W. 35th; District 101 of 11C14-2026-0056 2 include single family residential, multifamily residential, retail and various commercial uses (SF-3-NP; MF-3; LR; LO-NP; LR-NP; LO-MU-CO-DB90-NP; CS-NP). Please refer to Exhibits A (Zoning Map) and B (Aerial View). The applicant is requesting LR-NP, neighborhood commercial-neighborhood plan combined district zoning to allow for the reuse of the existing structures for a small local jewelry store. 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 staff is recommending 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 and rezoning patterns 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 staff recommendation of LR-CO-NP zoning would promote compatibility with the adjacent uses and allow neighborhood service commercial uses at a scale intended to serve the surrounding area. The surrounding area contains a mix of multifamily residential, single family residential, retail, office, personal services, and other commercial uses. 3. The proposed zoning should promote consistency and orderly planning The requested LR-NP zoning is consistent with the Neighborhood Commercial Future Land Use Map designation. Neighborhood Commercial zoning is also present immediately west of the property and along the north side of West 35th Street. There was also a recent rezoning 10 C14-2026-0056 - W. 35th; District 102 of 11 C14-2026-0056 3 (C14-2026-0048) just west of this property for the same zoning request. Staff also recommended LR-CO-NP on that rezoning case with service station as a prohibited use. EXISTING ZONING AND LAND USES: Site North South East West ZONING LO-NP MF-3; LR SF-3-NP LO-NP; CS-NP LR-CO-NP; LO-NP; LR-NP; LO-MU-CO- DB90-NP LAND USES Studio and Residential Multifamily; Retail Single Family Residential Multifamily and Retail; Financial Services Retail; Personal Services NEIGHBORHOOD PLANNING AREA: Central West Austin Combined (Windsor Road) WATERSHED: Shoal Creek - Urban CAPITOL VIEW CORRIDOR: No SCENIC ROADWAY: No SCHOOLS: Austin Independent School District Bryker Woods Elementary School O Henry Middle School Austin High School COMMUNITY REGISTRY LIST: Austin Neighborhoods Council Bryker woods Association Central West Austin Neighborhood Plan Contact Team Friends of Austin Neighborhoods Friends of Austin Neighborhoods AREA CASE HISTORIES: Homeless Neighborhood Association Preservation Austin Save Barton Creek Assn. Shoal Creek Conservancy West Austin Neighborhood Group NUMBER C14-2026-0048 REQUEST LO-NP to LR-CO-NP COMMISSION To Grant LR-CO-NP, as amended (8/25/2026) C14-2024-0059 C14-2022-0021 LO-MU-CO-NP to LO-MU-CO-DB90- NP Recommended (09/12/2024) LR-NP to LO-MU-NP 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 LR-CO-NP as Planning Commission Recommended (9/24/2026) Approved LO-MU-CO- DB90-NP as Commission Recommended (09/12/2024) Approved LO-MU-NP as Commission Recommended (09/01/2022) 10 C14-2026-0056 - W. 35th; District 103 of 11 C14-2026-0056 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: There are no related cases. ADDITIONAL STAFF COMMENTS: Comprehensive Planning: Project Name and Proposed Use: 1721 W 35TH STREET. C14-2026-0056. Project: W 35th. 0.27 acres from LO-NP to LR-NP. Existing: single family home (1 unit). Proposed: department store. 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 Activity Corridor Y Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station. • Adjacent to bus stops along W 35th Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane. • Sidewalk present along W 35th 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 Y Y Y 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. • 0.3 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. • 0.4 miles to Seiders Springs Greenbelt 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.) • Within 0.5 miles of 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, 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). 10 C14-2026-0056 - W. 35th; District 104 of 11 C14-2026-0056 5 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 8 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 not located over the Edwards Aquifer Recharge Zone. 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. 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. Fire: There are no comments. 10 C14-2026-0056 - W. 35th; District 105 of 11 C14-2026-0056 Parks and Recreation: 6 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 are not subject to parkland dedication requirements at the time of site plan and subdivision. Site Plan: 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 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. Compatibility Standards The site is subject to compatibility standards due to the adjacency of SF-3 NP zoning on the South side of the triggering property. Reference 25-2-1051, 25-2-1053 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 Reference 25-2-1061 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 This tract is already developed, and the proposed zoning change is a footprint within the existing development. This tract is within the Windsor Road Neighborhood Plan Area. 10 C14-2026-0056 - W. 35th; District 106 of 11 C14-2026-0056 7 Austin Transportation Department – Engineering Review: 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 ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Capital Metro (within ¼ mile) W 35th St Level 3 80 feet 70 feet 43 feet Yes No Yes 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 10 C14-2026-0056 - W. 35th; District 107 of 11 Exhibit A 10 C14-2026-0056 - W. 35th; District 108 of 11Exhibit B 10 C14-2026-0056 - W. 35th; District 109 of 11June 24, 2026 City of Austin P.O Box 1088 Austin, Tx 78767 Subject Property: 1721 West 35th Street Dear City of Austin, Please see the attached documentation and application for this rezone request. The lot is .266 of an acre with most of the lot having open space with a small building in the front of the property. Subject property is on located on 35tth Street. The home has been used as a small studio under Limit Office zoning. However, the new owner is requesting Neighborhood Commercial (LR) zoning to allow for a small local jewelry store. The new owner Elizabeth is a local jewelry maker very passionate about her work. Her goal is to use the current building as her jewelry store highlighting her original pieces. 35th Street is a level 3 street according to ASMP Plan which is in alignment with the city’s requirement for rezoning. The properties to the west are in the process of rezoning to LR-NP specifically 1801, 1803, and 1805 W 35th. Staff has communicated their preliminary approval of the rezone. The future land use map shows that Neighborhood Commercial (LR) is listed under the Neighborhood Commercial designation for the property. No additional applications are needed for the FLUM. There is a pattern of businesses and multi-family zoning on 35th Street currently. The rezone will fit within the bustling businesses currently thriving along the corridor. If you have any questions or need additional documents, feel free to contact me. My contact information is at the bottom of this letter. Thank you! All the Best, Ricca Keepers, MUP Exhibit C 10 C14-2026-0056 - W. 35th; District 1010 of 11Keepers Land Planning (512)550-6508 Ricca@keeperslandplanning.com 10 C14-2026-0056 - W. 35th; District 1011 of 11