06 C14-2024-0071 - Thornton Road Multifamily; District 5 Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 5 (187,133 sq. ft.) ZONING TO: CS-MU-V-DB90 CASE: C14-2024-0071 – Thornton Road Multifamily ZONING FROM: CS & MF-2 ADDRESS: 2313, 2315, 2401 and 2413 Thornton Road SITE AREA: 4.296 acres PROPERTY OWNER: PSW-Thornton 2, LLC AGENT: Armbrust & Brown, PLLC (Michael Whellan) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to grant general commercial services – vertical mixed use building (CS-V) combining district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: August 27, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229- 073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted this new rezoning application to request the -DB90 combining district. CASE MANAGER COMMENTS: The property in question is approximately 4.3 acres, developed with commercial buildings and has frontage on Thornton Road (level 1). The site is currently zoned Multifamily Residence (low density) and general commercial services (CS & MF-2). The property has single family residential (SF-3 and SF-H) to the north, south, east and west. There are C14-2024-0071 2 multifamily residences (MF-2 and MF-3) to the south and west. The properties directly to the north have art galleries and workshops (CS) to the north. To the east across the railroad tracks are mobile home residences and the South Austin Recreation Center (MH and P). The site is 0.20 miles from Lamar Boulevard Activity Corridor (S. Lamar Blvd) with a bus stop on Oltorf and Thornton 0.16 miles away, making this an ideal location to add residential. The site is in near proximity to multiple art studios and a music school and has a few creative spaces on the property as well. Please refer to Exhibits A (Zoning Map) and B (Aerial View). Due to the history on this site and the lack of improved infrastructure, staff is not recommending the applicant’s request for general commercial services – mixed use – vertical mixed use building - density bonus 90 (CS-MU-V-DB90) combining district. The staff recommendation is general commercial services – vertical mixed use building (CS-V) combining district. This property has sought multiple rezonings in the past, which have either been denied by council or withdrawn by the applicant. The most recent case that was withdrawn (C14-2022-0083), the applicant was requesting a rezoning from CS to CS-MU. For case number C14-2016-0039, the applicant was requesting a rezoning from CS to MF-4- CO. City staff did not recommend MF-4-CO, they recommended MF-2. Planning Commission recommended MF-4-CO to City Council where the case was denied on second and third readings (please see the related case history section below for the CO’s). ATD has stated that there have not been any improvements to Thornton Road since this case was denied in 2016 proving that there is no indication for changing the originally established base zoning of CS. Granting the applicant’s rezoning could result in further requests for more intense zoning which could have substantial impacts on this neighborhood and level 1 street. The applicant is requesting general commercial services – mixed use – vertical mixed use building - density bonus 90 (CS-MU-V-DB90) combining district for a proposed development that would include multi-family units requiring an affordable component. A building constructed under density bonus 90 (DB90) standards allows for a mix of residential uses and commercial uses, and the result is typically retail, restaurants and offices on the ground floor, and residential units on upper levels. The overall project would consist of approximately 350 residential units and will be seeking a complete (100%) modification for the ground floor commercial space requirement. Staff does not recommend granting a modification for this site. Please refer to Exhibit C (Applicant’s Summary Letter) and Exhibit D (Ground-Floor Commercial Modification Request). A development utilizing the “density bonus 90” incentives is permitted with a base CS district and must include an affordability component for residential use in order to obtain incentives, including height maximum of 90 feet in the CS district (60 feet base plus 30 feet incentive) and relaxation of development and compatibility standards, such as FAR, setbacks and building coverage. There are several methods of satisfying DB90 development affordability requirements. There are two options for projects including rental units: C14-2024-0071 3 1) a minimum of 12% of the rental units in a building are affordable for a 40-year period for households earning 60% or less than the Austin-Round Rock Metropolitan Statistical Area MFI; or 2) a minimum of 10% of the rental units are affordable for a 40-year period as described above for households earning 50% or less MFI. There are two options of satisfying DB90 development affordability requirements which include ownership units: 1) a minimum of 12% of the rental units in a building are affordable for a 40-year period for households earning 80% or less than the Austin-Round Rock Metropolitan Statistical Area MFI; or 2) an in-lieu-fee payment to the Housing Trust Fund, equivalent to the required percentage of the total residential units, including the mix of bedrooms required, at the rate set in the fee schedule at the time of final site plan submission. BASIS OF RECOMMENDATION: sought. 1. The proposed zoning should be consistent with the purpose statement of the district The general commercial services district is intended predominately for commercial and industrial activities of a service nature having operating characteristics or traffic service requirements generally incompatible with residential environments. The vertical mixed use building combining district may be applied in combination with any commercial base zoning district and allows for a combination of office, retail, commercial and residential uses within a vertical mixed use building. 2. Zoning should allow for reasonable use of the property. The alternative recommendation offered, commercial services – vertical mixed use building (CS-V) combined district zoning would allow for reasonable use of the property. Income restricted affordable housing units are still incentivized with a -V designation. 3. Zoning should promote a transition between adjacent and nearby zoning districts, land uses, and development intensities. This rezoning authorizes a property to participate in a voluntary density bonus or incentive program that provides modifications to development regulations or other regulatory-related benefits in exchange for community benefits. In exchange for increased development potential, the development is required to comply with affordable housing requirements. 4. Rezoning should not contribute to the over zoning of an area. There are concerns about granting such an intense zoning on Thornton Road. This street is a level one with two lanes and only one way in and out on West Oltorf Street for C14-2024-0071 4 approximately 350 units as it dead ends. Granting such zoning would result in a 57.51% traffic increase for Thornton Road, this street is “currently operating at an undesirable level” and the proposed values will further this issue. Please refer to Exhibit E (Neighborhood Traffic Analysis Memo). EXISTING ZONING AND LAND USES: Site ZONING CS MF-2 CS SF-3 MF-2 SF-3 MH SF-3 P MF-2 & MF-3 SF-3 & SF-3-H LAND USES Commercial Spaces, Art Galleries and Workshops Undeveloped Art Galleries and Workshops Single Multifamily Residential Single Family Residential Mobile Home Residential Single Family Residential Public Park Multifamily Residential Single Family Residential North South East West O Henry Middle School NEIGHBORHOOD PLANNING AREA: South Lamar (Suspended) WATERSHED: West Bouldin Creek - Urban CAPITOL VIEW CORRIDOR: No SCHOOLS: Austin Independent School District Zilker Elementary School COMMUNITY REGISTRY LIST: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Perry Grid 614 Preservation Austin AREA CASE HISTORIES: NUMBER COMMISSION REQUEST SCENIC ROADWAY: No Austin High School SELTexas Sierra Club Austin Regional Group South Central Coalition South Lamar Neighborhood Assn. TNR BCP - Travis County Natural Resources CITY COUNCIL C14-2024-0071 5 C14-2015-0047 - UT Land Company, Ltd C14-2019-0024 Woodview MHC, LLC CS to CS-MU-V Forward to council without a recommendation. (01/12/2016) CS to MH To Grant MH (05/28/2019) Denied CS-MU-CO (03/03/2016) Approved MH as Planning Commission Recommended (06/20/2019) RELATED CASES: C14-2016-0039: Thornton II – The rezoning request was for CS to MF-4-CO, staff recommended MF-2. The case was withdrawn before third reading at City Council. The Planning Commission approved MF-4-CO with the following conditions: (1) Site limited to 70 multifamily residential units. (2) Traffic mitigation will include the widening of Thornton Road within 200 ft of West Oltorf Street to allow one inbound lane from West Oltorf and two outbound lanes from Thornton Road. (3) Pedestrian Hybrid Beacon on West Oltorf for north/south pedestrian access. (4) Sidewalk on the west side of Thornton Road from subject property equivalent to West Oltorf Street. (5) Recognize the applicant’s commit to, and strongly encourage their participation in the SMART Housing program at 10% of units available to residents at 60% median family income (MFI) for 40 years. C14-2022-0083: Thornton Mixed Use - The Applicant was proposing to rezone approximately 4.3 acres from CS to CS-MU. Case withdrawn by the Applicant on 10-21- 2022. Comprehensive Planning: Project Name and Proposed Use: 2313 THORNTON ROAD. C14-2024-0071. South Lamar Combined NPA (suspended). Project: Thornton Road Multifamily. 4.296 acres from CS and MF-2 to CS-MU-V-DB90. Existing: industrial (6,000 sf industrial park). Proposed: 350 multifamily mid-rise residential units. Demolition is proposed for zero residential units. Proposal seeks Density Bonus 90 Combining District (Ordinance No. 20240229-073), which sets affordability minimums on ownership and rental units, and further allows for an increase of up to 30 ft in height above the base zone allowance, with a maximum limit of 90 feet in total height. DB90 additionally releases the site from some base zoning district development standards, including maximum floor area ratio. Imagine Austin Decision Guidelines Yes 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 *:  0.20 Miles from Lamar Boulevard Activity Corridor Y Y Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station.  0.16 miles from bus stop at Thornton Rd and W Oltorf St intersection Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane. C14-2024-0071 6  Sidewalk present along Thornton Rd 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 near intersection of W Oltorf St and S Lamar Blvd within 0.5 miles 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. Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a recreation area, park or walking 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.) 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).  Located in near proximity to multiple art studios and a music school 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 9 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 West Bouldin 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. C14-2024-0071 7 Zoning district impervious cover limits apply in the Urban Watershed classification. According to floodplain maps there is a floodplain within or adjacent to the project location. Based upon the location of the floodplain, offsite drainage should be calculated to determine whether a Critical Water Quality Zone exists within 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 55% 60% Multifamily 80% Commercial 60% 70% 90% Fire: There are no comments. PARD – Planning & Design Review: Parkland dedication will be required at the time of subdivision or site plan application for new residential units, per City Code § 25-1-601, as amended. The proposed development meets the criteria for land dedication in City Code Title 25, Article 14. As such, a partial land dedication will be required, as well as any remaining fees in-lieu. The development as proposed will require parkland dedication for the new residential units that will serve the South Lamar neighborhood through the additional park investment. The Parks and Recreation Department (PARD) would consider a trail area along the Union Pacific Railroad, with connection to Thorton Rd, toward satisfying the requirement at time of permitting (whether subdivision or site plan). Such a connection would improve neighborhood connectivity, and satisfy an acquisition need for UPC/ASA Trail, a recommendation identified in the Urban Trails Master Plan. Should there be any remaining fees in-lieu, 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. C14-2024-0071 8 Should the applicant wish to discuss parkland dedication requirements in advance of site plan or subdivision applications, please contact this reviewer: thomas.rowlinson@austintexas.gov. 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 DB90 Rezoning This site must meet affordability minimums to be eligible for DB90. A signed approval letter from the Housing Department will be required with site plan submittal. Thornton Rd is the Principal Street for this site. Any buildings fronting this street will be required to have 75% of the ground floor as commercial uses. This site is adjacent to a site that contains one to three dwelling units and is zoned SF-5 or more restrictive. A compatibility buffer 25’ in width, designed to 25-8-700 and 25-2-652(G) will be required. Austin Transportation Department – Engineering Review: There is a proposed Urban Trail adjacent to this site (UPC/ASA Rail Trail), along the railroad to the east. The easement required is a minimum of 20 ft as this allows for a 12 ft trail (minimum trail width per the urban trails plan) and room for maintenance activity. Existing Street Characteristics: Name Existing ROW Existing Pavement Sidewalks Bicycle Route ASMP Classification ASMP Required ROW 50’ 29’ Yes Yes Capital Metro (within ¼ mile) Yes 58’ Level 1 Thornton Road Austin Water Utility: No comments on zoning change. C14-2024-0071 9 FYI: The landowner intends to serve the site with existing City of Austin water utilities. Depending on the development plans submitted, water and or wastewater service extension requests may be required. All water and wastewater construction must be inspected by the City of Austin. 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 D. Ground-Floor Commercial Modification Request E. Neighborhood Traffic Analysis (NTA) Memo Correspondence from Interested Parties ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( D E V ( ( SF-3 ( ( ( SF-3 ( E R N E S ( T N T L E N N O B E U BL ( 72-65 OFFICE SF-3-H ( SF-3 ( ( ( ( SF-3 ( SF-3 ( ( SF-3 LO 7 3 - 1 9 L A U N D R Y MF-3 ( ( E V D A R O F X O PAIR E T R O O B SP8 5 -1 86 ( CS 59-069 C14-2008-0060 C14-2016-0027 CS-1-CO S L A M A R B L V D ( ( E H AV RIC D O O G LU MBER AUTO SHOP OFFICE CS S E L A O S T U A SERVICE STATION BEAUTY SALON C14-2008-0060 S A L E S MF-4-CO C14-2018-0047.SH R A BB GLE C14-2017-0021 ! N ST ! ! ! CS-MU-CO ! C14-2023-0009 ! C14-2015-0008 ! ! M ! OTEL ! ! SP-96-0438C C14-06-0079 MF-3-CO MF-3 C14-2009-0039 MF-3-CO LO 72-200 06-0079 CS-V C14-2008-0060 S E R V I C E S TA T I O N G R O C E R Y OFFICE CS S SP94-0214C P95-0233C C14-2008-0060 CS E V Y A E N KIN A D U L T V I D E O A N T I Q U E S H O P R E T A I L C A R S A L E S ! ! ! ! 56-127 ! ! ! ! ! ! ! ! ! ! S P ! - ! 0 6 - 0 ! 6 ! 7 6 C CS-V C14-2008-0060 ! ! ! ! ! ! CS-V I D E T A I L CS-V-MU-CO C14-05-0180 SP- 03-0469C ! ! CS-V T A R X E R M I S T W O L T O R F S T 0 5 - - 0 0 6 1 - 0 2 8 0 5 2 1 4 C C S S P - - 0 4 0 P CS ( ( ( C14-2011-0094 ( 2 CS-MU-CO ( 1 T r a c t T r a c t 1 ! ! CS-MU-V-CO ! ! C14-2017-0081 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 06-0205 ! !! ! ! ! ! ! C14-97-0080 C14-2015-0146 60-05 U N CS I T S S T O R A G E ! ! ! ! ! ! ! ! ! ! ! ! MF-3-NP C A R R E P A I R CS-V C14-2008-0019 R E T A I L 2008-0019 CAR CS WAS H C14-2008-0019 A U T O CS-1-CO C14-2010-0122 AUT O SE RVI CE C14-2008-0019 FA ST FOO D CS-V GR-V-CO C14-2018-0128 C14-2008-0070 63 - 6 2 ( ( ( ( ( SF-3 S P - 5 6 S E R V S P - 8 5 ( - 0 ( 5 6 I C E ( ( D E N T I S P 0 S 7 ( T - 0 0 3 4 C S V C \ S T A T I O N CS SP-02-0104C CS-MU C14-2021-0084 G I F T S H O P O F F I C E CS-V O F F I C E C14-2008-0019 C14-2008-0019.001 2008-0019.001 H A R D W A R E S T O R E CS O F F I C E A P P L I A N C E R E P A I R S H O P CS 60-54 F . J P O F ( ( ( CS SF-3 S O U N D STU DIO CS-NP MF-3-NP CS NPA-2017-0013.01 C14-02-0031 SP-93-0401C SF-3 ( ( ( ( ( R AV E Y ST ( ( ( ( I V A L N ( ( ( ( LO-V-CO ( MF-2-CO C14-2013-0056 C14-05-0033 ( B L U E B SP-06-0259C O N ( SP-06-0697C N E T L N MF-2 ( 72-35 D O R T R U L C E D ( ( ( SF-3 ( ( APTS. LO ( ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( R D D N A L H T U O S ( ( ( ( ( ( ( ( SF-3 ( ( ( ( D E L C R E S T D R ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( D Y R E N KIN SF-6 ( ( 81-241 ( ( T S C K A Y O E N KIN ( C814-87-009 SF-3 ( A K C T 00-2130\(DENIED) SF-6 83-315 ( ( ( ( ( ( C814-87-009 SF-3 ( C O ( D N O S ( VILLA G E O ( ( ( ( C14-2009-0159 SF-6-CO C14-2007-0233 SF-3 = = = ( D N R O S CLAW R O B E RT S AV E SF-3 SF-3 ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY C14H-01-0004 SF-3-H H01-0004 SF-3 UNDEV SF-6 7 3-4 ! ! ! ! ! ! ! ! 86-092 ! ! ( = = B RID G E W A Y C T = = = = = = = = MF-3 70-231 APTS. ( GARA GE = BRID G E W = = = = = = AY D R = = = = = MF-2 86-092 = = = = = = = = = = = = = ( ( SF-3 = = = = = = = = = = SU M M = ER C = = = = = = = W AT E R LO = = O T RL = = = = = = REEK D = R = = = = = = = = = = = CIN N A M O = = SF-3 = = = N PATH = = ( ( ( ( = = R D K A O G IN N R U B = = ( ( ( ( = = = = SF-3 = = = = = = = = = = = = = = = ( ( ( ( ( E V Y A E N KIN ( ( ( ( ( ( ( SF-4B-CO C14-06-0220 C14-06-0182 SF-3 0 6 - 0 1 8 2 MF-2 S P - 0 2 - 0 4 5 2 C ( ( V U N D E SF-3 D N R T O N R O H T SF-3 ! ( ! ! C 06 2 ! ! ! P-99-0 ( S ( MF-2 7 92-3 ! ! ! ! ! PA R KIN G S S P-05-1111 P07-0796 C C O ! FFIC ! E/W A ! R SP94-0432C 74-03 E H ! O U S E ! R E T AIL ! CS ! ! S P93-050 C ! ! ! ! S P-03-0295 C ! ! ! ! WOOD PRODUCTS ! ! ! ! ! ! MH C14-2019-0024 MOBILE HOM E PARK NE C O CS PH O TELE LR-NP ( ( CITY UTILITY DEPT. ( ( SF-6-NP ( ( ( ( ( ( ( R E D SID N E V A H ( ( ( ( ( ( ( ( ( SF-3 ( SOUTHWOOD RD ( ( ( ( ( ( ( ( ( ( ( SF-3 ( FIELDCREST DR ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3 ( ( ( ( R T D S E R C E N O T S MOBILE HOM E PARK ( ( ( ( ( SPC-04-0046C 86-147 P SOUTH AUSTIN RECREATION AND TENNIS CENTER ( ( ( ( ( ( ( ( ( ( ( ( ( ( R D D O O Y W A R ( SF-3 ( ( ( ( ( ( LO CKE LN ( ( ( ( FLANAGAN CV ( ( ( ( ( SF-3 ( ( ( ( ( CU MBERLAND R D ( ( ( SF-3 ( ( ( C14-2018-0090 ( ( ( ( N E L C L U D 71-310 C14-04-0156 C14-2007-0129 SF-6-CO ( ( ( ( ( ( ( ( ( ( SALVATION\ARMY\CENTER SF-3 ( C14-98-0084 N E L L B E R T C14-05-0110 05-0110 N L N I B R O C ZONING ZONING CASE#: C14-2024-0071 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: 5/7/2024 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 April 25, 2024 Joi Hardin, Zoning Officer City of Austin Housing and Planning Department 1000 E. 11th St. Austin, Texas 78702 Rezoning for 2313, 2315, 2401, and 2413 Thornton Rd. (collectively, the “Property”) Re: Dear Ms. Hardin: On behalf of PSW-Thornton 2, LLC (the “Applicant”), I request that the city:  Rezone the Property from CS (with a sliver of MF-2) to CS-MU-V-DB90; and  Waive Section 25-2-652(F)(3)(b) of the Land Development Code (the ground-floor commercial requirement), as allowed under Section 25-2-652(F)(3)(e)(i). Doing so would provide additional housing opportunities – including income-restricted affordable housing – just off of a Transit Priority Network roadway (Oltorf and South Lamar) and a major Imagine Austin corridor (South Lamar). This proposal would help make important progress toward Austin’s housing and transit goals, adding an estimated 350 units with easy access to a Transit Priority Network roadway (Oltorf and South Lamar) and a major Imagine Austin corridor (South Lamar). It would also help the city improve on its affordability goals by providing between 10 to 12 percent of units as income-restricted affordable housing, depending on whether the Applicant develops through the Vertical Mixed-Use (“VMU”) program or the Density Bonus 90 (“DB90”) program. While the Property itself is not located on a major corridor, it sits just off of the Oltorf corridor, along a stretch of properties zoned for a mix of commercial (CS) and multifamily (MF-2). It features the following land use context:  North:  South:  East:  West: CS MF-2 Railroad (and beyond that, MH zoning) MF-2 and Thornton Road (and beyond Thornton Road, SF-3 zoning) The Property itself is already zoned primarily for CS zoning today and is used for industrial and related uses. A small sliver of the Property (currently used for a driveway) appears to be zoned MF-2 (Figure 1). {W1179393.1} Exhibit C Figure 1. Property Zoning MF-2 Sliver CS Base Zoning MF-2 Base Zoning The existing CS zoning today allows – by right – a number of intense commercial uses with a higher vehicular impact. However, it does not allow any residential uses or affordable housing. We believe that this land use context – the Property’s proximity to Oltorf and South Lamar, its location along a stretch of commercially and multifamily-zoned parcels, and its preexisting commercial zoning – identifies it as an appropriate location for CS-MU-V-DB90 zoning. Our request would maintain the existing base zoning and add the Mixed-Use (“MU”), VMU, and DB90 combining districts – all of which would provide different levels of residential entitlement for the Property. It would also clean up the small MF-2 sliver and provide unified, consistent zoning across the Property. Given that the city has already deemed this Property appropriate for CS zoning, we believe that it is similarly appropriate to allow residential uses and affordable housing – especially considering the city’s goals of increasing housing opportunities, especially near its major corridors. Thank you for your consideration, and I am available to answer your questions and provide further details. Very truly yours, Michael J. Whellan {W1179393.1} 4869-5063-3391, v. 4  MEMORANDUM To: CC: FROM: DATE: SUBJECT: Aditya Jatar, P.E., (BOE Engineering, Inc.) Danielle Morin, AICP, Nathan Aubert P.E. Julie Apagya Bonney July 12, 2024 Neighborhood Traffic Analysis-Thornton Road Multifamily (C14-2024-0071) The proposed development is entirely residential, with 350 mid-rise apartment units. It is a 4.296-acre tract located on Thornton Road between W Oltorf Street and Bridgeway Drive, see Figure 1 below. The proposed full-access driveway is on Thornton Road, a level 1 street. The proposed, adjusted trip generation exceeds the 300-trip threshold for a local street specified in 25-6-114 of the LDC. The Transportation Development Services (TDS) division has conducted a Neighborhood Traffic Analysis (NTA) and offers the following comments. Figure 1: Thornton Road Multifamily Site Location. Figure from ARCGIS Map dated 05/22/2024. Page 1 of 4 Exhibit DRoadways The tract proposes access onto Thornton Road, identified as a level 1 street in the ASMP. Thornton has a consistent right-of-way, 30 feet of pavement-width, curb, gutter, and sidewalks. It functions as a yield-flow street, with parking allowed on both sides, and no clearly marked travel lanes. The speed limit is 25mph. 24-hour traffic volumes were collected at one point, see Figure 2 below, along Thornton Road on April 30th, May 1st and 2nd. Based on these collected counts the average vehicles per day (vpd) is approximately 2445. Figure 2: Tube count locations. Counts were collected on Tuesday April 30th, Wednesday May 1st , and Thursday May 2nd, 2024. Trip Generation and Traffic Analysis Based on the Institute of Transportation Engineer’s Trip Generation Manual, 11th Edition, the proposed development will generate 1623 vehicle trips per day. The existing land use is an Industrial Park. The Industrial Park generates 217 vehicle trips per day, based on the Trip Generation Manual. The net new (adjusted) trips generated by the site is 1406. See Table 1 for a detailed breakdown of the trip generation. Page 2 of 4  Table 1 – Trip Generation Land Use ITE Code Size Unadjusted Trip Generation 130 221 Industrial Park SUM EXISTING Multifamily Housing (Mid-Rise) SUM PROPOSED NET TRIPS Existing 6,000 Square Feet Proposed 350 Dwelling Units 1623 217 217 1623 1406 All trips will pass through Thornton Road before drivers’ access driveways via this road as well. 100% of all trips will access Thornton Road. Table 2 displays the existing traffic, proposed site traffic, total traffic after development, and the percentage increase in traffic. The total future traffic is calculated by combing the existing traffic and adjusted site- generated trips. Table 2 – Traffic Summary Existing Traffic from Counts (vpd) Site Traffic added to Roadway (vpd) Total Future Traffic (vpd) Percentage Traffic Increase 2445 1406 3851 57.51% Street Thornton Road According to Section 25-6-116 of the Land Development Code, streets that have a pavement width of 30 feet are defined to be operating at a desirable traffic level if the average daily traffic volume for such roadway does not exceed 1,200 vehicles per day. Thornton Road is currently operating at an undesirable level for the street and with the proposed values will continue to. Based on this analysis the Transportation & Public Works (TPW) Department has the following recommendations and conclusions: Page 3 of 4 Recommendations/Conclusions 1. If the number of units proposed in Table 1 is changed for proposed, the TDS division may be required to reassess the NTA. 2. Any building permit(s) associated with this development issued on or after June 22, 2022, will be subject to the Street Impact Fee (SIF) program. During site plan review, the applicant’s engineer shall draft a SIF Offset Agreement for all eligible improvements and, if applicable, an Allocation Agreement to memorialize how offsets are to be applied throughout the development. The SIF will be calculated and invoiced for each building permit and any required SIF payments shall be made prior to building permit issuance. 3. ASMP has a couple of recommendations for this site to get the roadway to meet desirable standards. Roadway stripping completed sidewalks and improvements to bicycle, and pedestrian facilities are all recommended. The site development permit for the above noted site shall not be released until the improvements are shown in the site plan. Please contact me at (512) 974-7136 if you have questions or require additional information. Please contact me at 512-974-7136 if you have questions or require additional information. Sincerely, Nate Aubert P.E., Page 4 of 4 Thornton Road Multifamily  The property is an appropriate location for increased housing, located walking distance from transit.  The property is a 5-minute walk from a CapMetro High-Frequency Route (300) and a 10-minute walk from three additional routes – including one of two MetroRapid lines (803) and one of five regular Night Owl routes (which run every night, except Sundays, until 3am).  These routes would allow future residents here to directly access downtown, the University of Texas, the Capitol, the Domain, Q2 Stadium, and Mueller, among many other areas.  Council zoned the property for commercial decades ago in order to make an existing use conforming.  The site was built and established as industrial in 1949, when much of the surrounding area was either undeveloped or only lightly developed.  Council initially zoned the property for residential use in 1952, making the existing industrial use nonconforming. In 1967, the applicant requested – and Council approved – commercial zoning in order to make that existing use conforming.  While the property is zoned for CS today, Thornton Road is a better fit for increased housing.  Thornton Road has changed meaningfully since the property was first developed in 1949, as owners built the street out with residential uses (including both single-family and multifamily).  Today, Thornton Road generally operates as a residential area with some low-rise industrial and warehousing uses. It is not a commercial activity corridor, is not planned to become one, and does not feature the types of active commercial space that would support additional commercial uses.  The applicant’s request to provide a fully residential project is consistent with Thornton Road’s residential character as well as with the city’s goals for increased housing and affordability.s  As noted above, this property is an appropriate location for growth – but is best suited for housing. Figure 1. Street View of the Property Exhibit Ecase number: C14-2024-0071 Ravi Jain Tue 8/20/2024 7:34 AM To: Hadri, Cynthia <Cynthia.Hadri@austintexas.gov> External Email - Exercise Caution Ms Hadri, I would like to file an objection to the following notice: The board or commission's name: Planning Commission Scheduled date of public hearing: August 27, 2024 Case number: C14-2024-0071 The traffic analysis provided shows an increase of VPD from 2445 to 3851, or a 57.51% increase. There was no analysis provided of increased foot traffic, but it is obvious such a development will result in at least a 57.51% increase in foot traffic as well.  Thornton Road is basically a one way road because people do regularly park on the restricted east side of the road and  leave trash for pick up on both sides of the road on trash days which can be left out 1-2 days before and after pick up.  Such an increase in traffic and pedestrians would make the road very dangerous for pedestrians who regularly walk/run on the road as there is no sidewalk running the length of Thornton road on both sides, and the existing side walks are already too narrow to support existing foot traffic.    I am concerned that a marked increase in traffic accidents and pedestrian injuries will occur if 1406 more vehicles per day are traveling down this narrow road and there is also increased foot traffic from 350 new units along Thornton Road  Finally, given the train crossing just east of Oltorf and Thornton, and how busy Oltorf has become over the last 5 years, it does not seem possible  that the intersection of Oltorf and Thornton can physically support a 1406 vpd increase. Given development on Thornton Road in just the last 5 years, vpd on thornton must have already doubled at least in the last 5 years.  Thornton Road was not originally designed for this flow, much less a 57.51% increase from today's levels.  Traffic waiting to turn onto Thornton will get backed up onto Oltorf regularly and traffic waiting to turn onto Oltorf will get backed up down narrow Thornton Rd making Thornton road unuseable. The bluebonnet exit onto Lamar is not suitable for a mass increase in traffic either, and will already be stressed given the large development at Bluebonnet and Lamar in process.  I do not believe the infrastructure of Thornton road can support this development and I believe allowing it will provide a marked safety risk to pedestrians and motorists. Ravi Jain  2216 Thornton Road #431 Austin, TX 78738.    CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. 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