04 NPA-2024-0015.01 - Gunter Street Rezoning; District 1 Staff Report — original pdf

Backup

Planning Commission: November 12, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: East MLK Combined Neighborhood Plan CASE#: NPA-2024-0015.01 PROJECT NAME: Gunter Rezoning PC DATE: November 12, 2024 DATE FILED: Jun 21, 2024 October 22, 2024 ADDRESS/ES: 1145 1/2 Gunter Street, 3605 Abbate Circle, and 1144 Wayneroy Drive DISTRICT AREA: District 1 SITE AREA: 0.594 acre OWNER/APPLICANT: RCG Gunter LLC and REAL Holdings LLC AGENT: Husch Blackwell (Nikelle Meade) CASE MANAGER: Maureen Meredith STAFF EMAIL: maureen.meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation PHONE: 512-974-2695 From: Single Family Base District Zoning Change To: Multi-Family To: MF3-NP Related Zoning Case: C14-2024-0019 From: SF-3-NP NEIGHBORHOOD PLAN ADOPTION DATE: November 7, 2002 CITY COUNCIL DATE: TBD PLANNING COMMISSION RECOMMENDATION: November 12, 2024 – (action pending) ACTION: Planning Commission: November 12, 2024 October 22, 2024 - Postponed to November 12, 2024 on the consent agenda at the request of the Applicant and the Neighborhood. [A. Woods 1st; F. Maxwell – 2nd] Vote: 13-0. STAFF RECOMMENDATION: Staff supports the applicant’s request for Multifamily Residential land use. BASIS FOR STAFF’S RECOMMENDATION: Staff supports the applicant’s request Multifamily Residential land use because the property is near Airport Blvd and Springdale Road which are activity corridors. The applicant proposes approximately 47 residential units which will provide housing options for the area and the city. There is Multifamily Residential directly to the east. The neighborhood plan supports infill housing in the planning area. The plan also supports maintaining single family zoning, but the proposed development will provide more housing for the city. 2 Planning Commission: November 12, 2024 LAND USE DESCRIPTIONS: EXISTING LAND USE: Single family - Single family detached or up to three residential uses at typical urban and/or suburban densities. Purpose 1. Preserve the land use pattern and future viability of existing neighborhoods; 2. Encourage new infill development that continues existing neighborhood patterns of development; and 3. Protect residential neighborhoods from incompatible business or industry and the loss of existing housing. Application 1. Existing single‐family areas should generally be designated as single family to preserve established neighborhoods; and 2. May include small lot options (Cottage, Urban Home, Small Lot Single Family) and two‐family residential options (Duplex, Secondary Apartment, Single Family Attached, Two‐Family Residential) in areas considered appropriate for this type of infill development. PROPOSED LAND USE: Multifamily Residential - Higher‐density housing with four or more dwelling units on one lot. Purpose 1. Preserve existing multifamily and affordable housing; 2. Maintain and create affordable, safe, and well-managed rental housing; and 3  3. Make it possible for existing residents, both homeowners and renters, to continue to Planning Commission: November 12, 2024 live in their neighborhoods. 4. Applied to existing or proposed mobile home parks. 1. Existing apartments should be designated as multifamily unless designated as mixed 2. Existing multifamily-zoned land should not be recommended for a less intense land use category, unless based on sound planning principles; and 3. Changing other land uses to multifamily should be encouraged on a case-by-case Application use; basis. Yes Yes 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. Name(s) of Activity Center/Activity Corridor/Job Center: • In between Springdale Road and Airport Blvd, which are activity corridors Yes Mobility and Public Transit: Located within 0.25 miles of public transit stop and/or light rail station. • Bus routes along Airport Blvd, Oak Springs Road, Goodwin Ave and Springdale Road Yes Mobility and Bike/Ped Access: Adjoins a public sidewalk, shared path, and/or bike lane. • Sidewalks on west side of Gunter Street Yes Connectivity, Good and Services, Employment: Provides or is located within 0.50 miles to goods and services, and/or employment center. • Various commercial service along Airport Blvd and vicinity. Yes Connectivity and Food Access: Provides or is located within 0.50 miles of a grocery store/farmers market. 0.4 miles from Poco loco Supermercado #6 0.9 miles from Al's Food Mart No Connectivity and Education: Located within 0.50 miles from a public school or university. 0.8 miles from Oak Springs Elementary School Yes Connectivity and Healthy Living: Provides or is located within 0.50 miles from a recreation area, park or walking trail. 0.5 miles from Givens District Park 0.9 miles from Springdale Neighborhood Park 1 miles from Oak Springs School Park • • • • • • No 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.) No Housing Affordability: Provides a minimum of 10% of units for workforce housing (80% MFI or less) and/or fee in lieu for affordable housing. • No affordable units proposed Yes 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. • Applicant proposes 47 townhomes No Mixed use: Provides a mix of residential and non-industrial uses. 4  Culture and Creative Economy: Provides or is located within 0.50 miles of a cultural resource (ex: library, theater, museum, cultural center). No Culture and Historic Preservation: Preserves or enhances a historically and/or culturally significant site. No Creative Economy: Expands Austin’s creative economy (ex: live music venue, art studio, film, digital, Planning Commission: November 12, 2024 theater.) No Workforce Development, the Economy and Education: Expands the economic base by creating permanent jobs, especially in industries that are currently not represented in particular area or that promotes a new technology, and/or promotes educational opportunities and workforce development training. Industrial Land: Preserves or enhances industrial land. Number of “Yeses” No 7 Proximity to Imagine Austin Activity Centers and Corridors 5 Planning Commission: November 12, 2024 Proximity to Public Parks 6 Proximity to Public Transporation Planning Commission: November 12, 2024 Definitions Neighborhood Centers - The smallest and least intense of the three mixed-use centers are neighborhood centers. As with the regional and town centers, neighborhood centers are walkable, bikable, and supported by transit. The greatest density of people and activities in neighborhood centers will likely be concentrated on several blocks or around one or two intersections. However, depending on localized conditions, different neighborhood centers can be very different places. If a neighborhood center is designated on an existing commercial area, such as a shopping center or mall, it could represent redevelopment or the addition of housing. A new neighborhood center may be focused on a dense, mixed-use core surrounded by a mix of housing. In other instances, new or redevelopment may occur incrementally and concentrate people and activities along several blocks or around one or two intersections. Neighborhood centers will be more locally focused than either a regional or a town center. Businesses and services—grocery and department stores, doctors and dentists, shops, branch libraries, dry cleaners, hair salons, schools, restaurants, and other small and local businesses—will generally serve the center and surrounding neighborhoods. Town Centers - Although less intense than regional centers, town centers are also where many people will live and work. Town centers will have large and small employers, although fewer than in regional centers. These employers will have regional customer and employee bases, and provide goods and services for the center as well as the surrounding areas. The 7 Planning Commission: November 12, 2024 buildings found in a town center will range in size from one-to three-story houses, duplexes, townhouses, and rowhouses, to low-to midrise apartments, mixed use buildings, and office buildings. These centers will also be important hubs in the transit system. Regional Centers - Regional centers are the most urban places in the region. These centers are and will become the retail, cultural, recreational, and entertainment destinations for Central Texas. These are the places where the greatest density of people and jobs and the tallest buildings in the region will be located. Housing in regional centers will mostly consist of low to high-rise apartments, mixed use buildings, row houses, and townhouses. However, other housing types, such as single-family units, may be included depending on the location and character of the center. The densities, buildings heights, and overall character of a center will depend on its location. Activity Centers for Redevelopment in Sensitive Environmental Areas - Five centers are located over the recharge or contributing zones of the Barton Springs Zone of the Edwards Aquifer or within water-supply watersheds. These centers are located on already developed areas and, in some instances, provide opportunities to address long-standing water quality issues and provide walkable areas in and near existing neighborhoods. State-of-the-art development practices will be required of any redevelopment to improve stormwater retention and the water quality flowing into the aquifer or other drinking water sources. These centers should also be carefully evaluated to fit within their infrastructural and environmental context. Job Centers - Job centers accommodate those businesses not well-suited for residential or environmentally- sensitive areas. These centers take advantage of existing transportation infrastructure such as arterial roadways, freeways, or the Austin-Bergstrom International airport. Job centers will mostly contain office parks, manufacturing, warehouses, logistics, and other businesses with similar demands and operating characteristics. They should nevertheless become more pedestrian and bicycle friendly, in part by better accommodating services for the people who work in those centers. While many of these centers are currently best served by car, the growth Concept map offers transportation choices such as light rail and bus rapid transit to increase commuter options. Corridors - Activity corridors have a dual nature. They are the connections that link activity centers and other key destinations to one another and allow people to travel throughout the city and region by bicycle, transit, or automobile. Corridors are also characterized by a variety of activities and types of buildings located along the roadway — shopping, restaurants and cafés, parks, schools, single-family houses, apartments, public buildings, houses of worship, mixed-use buildings, and offices. Along many corridors, there will be both large and small redevelopment sites. These redevelopment opportunities may be continuous along stretches of the corridor. There may also be a series of small neighborhood centers, connected by the roadway. Other corridors may have fewer redevelopment opportunities, but already have a mixture of uses, and could provide critical transportation connections. As a corridor evolves, sites that do not redevelop may transition from one use to another, such as a service station becoming a restaurant or a large retail space being divided into several storefronts. To improve mobility along an activity corridor, new and 8 Planning Commission: November 12, 2024 redevelopment should reduce per capita car use and increase walking, bicycling, and transit use. Intensity of land use should correspond to the availability of quality transit, public space, and walkable destinations. Site design should use building arrangement and open space to reduce walking distance to transit and destinations, achieve safety and comfort, and draw people outdoors. BACKGROUND: The plan amendment application was filed on June 21, 2024. The applicant proposes to change the land use on the future land use map (FLUM) from Single Family to Multifamily Residential to build approximately 47 townhomes. The applicant proposes to change the zoning on the map from SF-3-NP (Family Residence district- Neighborhood Plan) to MF-3-NP (Multifamily Residence Medium Density district – Neighborhood Plan). For more information on the proposed rezoning, see case report C14- 2024-0109. PUBLIC MEETINGS: The ordinance-required community meeting was virtually held on July 30, 2024. The recorded meeting can be found here: https://publicinput.com/neighborhoodplanamendmentcases. Approximately 284 community meeting notices were mailed to people with utility accounts or property owners within 500 feet of the property, in addition to neighborhood and environmental groups who requested notification for the area. Two city staff members from the Planning Department attended the meeting, Maureen Meredith and Mark Walters. Tayler Herpin, McKenzie Speich and Nikelle Meade from Husch Blackwell, LLP, the applicant’s agents attended, including eight people from the neighborhood. Below are highlights from Taylor Herpin’s presentation: • We are requesting a FLUM change from Single Family to Multifamily Residential. • The proposed zoning is MF-3-NP. • 47 townhouse units are proposed. Most of the units will be at 1145 ½ Gunter Street address. • Most of the units will be three-bedroom units with 2.5 bathrooms. Some of the units will be two-bedrooms plus office. All of the units that are directly adjacent to Gunter Street which makes for a good blend and connection to surrounding single family homes. • The site plan shows the proposed development. Currently is only seeking to develop two of the three tracts in this proposed rezoning and FLUM amendment. • The neighborhood plan currently seeks to increase residential houses in the area and will provide alternative housing options in the area. • Last year the applicant submitted a site plan after they purchased the property. The City’s Property Profile showed MF-3-NP zoning, but later realized there was a discrepancy in the zoning map and the property was actually zoned SF-3-NP. 9 Planning Commission: November 12, 2024 Q: How tall will the townhomes be? A: There is a mix of two-story and three-story townhomes proposed. Q: How many parking spaces will be provided? A: There will be 118 parking spots provided and some townhomes will have garage parking. Some bike parking will be proved. The required number is 117.5 parking spaces. Q: How will Gunter Street be impacted? A: We are in the process of working with city on neighborhood traffic impact analysis. We will work with the city to mitigate any traffic impacts. Q: Will the buildings near Abbate Cir loom over the homes? Will there be a fence? How tall will the fence be? A: Six-foot-tall fence is what Code requires. I believe the units closer to Abbate Circle are two-story units. Q: Will the dead-end street of Wayneroy Drive, off of Abatte Circle, enter into the project and be open to the public? A: No, there will not be an entrance, but will it be an emergency access and a fence will be there. Q: Do you have any renderings of what the townhomes might look like? A: We don’t right now. When they found out the zoning needed to be change, they hit a pause on this and don’t have any color renderings at this time. Q: There are buildings on the site that have asbestos siding? A: I’m sure the applicant will follow code and meet any abatement process? Q: Are you aware of Code violations on the property at 1145 ½ Gunter Street? A: We will look into that, if our clients are not aware. The owners inherited those buildings and didn’t build them, so the owners will look into this issue. 10 Planning Commission: November 12, 2024 Q: Do you have an estimated time of completion of project if the property is rezoned? A: We are expecting to have final permits the first quarter 2025 and then will start construction. We hope to have completed project mid-2026 for end of construction. Q: Do you have an estimated sales price of the units? A: We are too far out to have an estimate sales price. I don’t have that information now. We will need to get back to you. Q: Is this the same company that demolished the homes at 1144 and 3605 Abbate Circle? I’m pretty sure the company that demolished these homes did not follow property abatement. A: I believe those homes were demolished before our clients purchased the property, but I can follow up on this. Q: Can you confirm if these would be market-rate or affordable? A: These will be market rate; they are not intended to be an affordable community. Q: What are the benefits of this kind of complex with shared walls? A: This is a different product at a different price-point than duplex with varied price-points. There will be a condo regime, that brings a joint effort to keep common areas clean and maintained. It will bring more diverse socio-economic diversity to the neighborhood, people in different stages of life who may not want a single-family home. 11 Applicant Summary Letter from Application Planning Commission: November 12, 2024 12 Planning Commission: November 12, 2024 13 Planning Commission: November 12, 2024 14 Planning Commission: November 12, 2024 Letter of Recommendation from the Neighborhood Plan Contact Team (NPCT) (No letter as of November 6, 2024) From: Meredith, Maureen Sent: Monday, September 30, 2024 11:43 AM Cc: Tomko, Jonathan <Jonathan.Tomko@austintexas.gov>; Speich, McKenzie <McKenzie.Speich@huschblackwell.com>; Meade, Nikelle <Nikelle.Meade@huschblackwell.com>; Herpin, Taylor <Taylor.Herpin@huschblackwell.com> Subject: E MLK NPCT Rec?: NPA-2024-0015.01_1145 1/2 Gunter Street Importance: High Dear E. MLK NPCT and Interested Parties: Cases NPA-2024-0015.01 and C14-2024-0109_1145 ½ Gunter St., 3605 Abbate Cir and 1144 Wayneroy Cir are scheduled for the October 22, 2024 Planning Commission hearing date. If you would like to have a letter of recommendation include in the staff case reports, please email it to me and Jonathan Tomko, the zoning planner, no later than Wednesday, October 16, 2024 by 5:00 pm. If we get it after this date and time, it will be submitted as late material to the Planning Commission but it will not be in the staff case reports. Please let me know if you have any questions. Thanks. Maureen Maureen Meredith (she/her) Senior Planner, Long-Range Planning Planning Department 512-974-2695 maureen.meredith@austintexas.gov 15 Planning Commission: November 12, 2024 16 Planning Commission: November 12, 2024 17 Planning Commission: November 12, 2024 18  Planning Commission: November 12, 2024 19 Planning Commission: November 12, 2024 20 Planning Commission: November 12, 2024 21  Taylor Herpin’s Presentation at the July 30, 2024 Virtual Community Meeting Planning Commission: November 12, 2024 22  Planning Commission: November 12, 2024 23  Planning Commission: November 12, 2024 24  Planning Commission: November 12, 2024 25 Planning Commission: November 12, 2024 26 Planning Commission: November 12, 2024 27 Planning Commission: November 12, 2024 Correspondence Received From: Bluestar Sent: Thursday, October 3, 2024 8:57 AM To: Tomko, Jonathan <Jonathan.Tomko@austintexas.gov> Cc: Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Pool, Marisa Subject: MF rezoning, case #C14-2024-0109 (1145 1/2 Gunter) External Email - Exercise Caution Good morning. I am writing this email to express my and my wife, Marisa's opposition to this rezoning: case #C14-2024-0109 (1145 1/2 Gunter). The impact of more traffic and noise in the neighborhood/on our quiet cul de sac street is a major concern as well as all the construction and related activity to occur essentially all around our property (albeit temporary). Additionally, We had already been impacted by this development as a survey crew damaged our asphalt driveway. The survey crew was only focused on property lines bordering the development so I really think they were hired by the developers or perhaps the city. I did not get the name of the company but have a grainy security video. It was a taller white man and a shorter hispanic man that I recall. We live at 3603 Abbate Circle, Austin, Texas 78721 Regards, Jesse Garcia (512-484-3222 Marisa Pool From: Candice DePrang Boehm Sent: Sunday, October 6, 2024 8:57 PM To: Tomko, Jonathan <Jonathan.Tomko@austintexas.gov>; Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Mays, Sharon <Sharon.Mays@austintexas.gov> Subject: Rezoning case: #C14-2024-0109 External Email - Exercise Caution Hi Jonathan and Maureen, 28 Planning Commission: November 12, 2024 Though I have received letters about rezoning in the past, I am just now learning from my neighbors about a possible rezoning on an empty lot on my block. Just this week, my neighbor made me aware that an empty lot (that I can see from my front door) is up for being rezoned to multifamily (Neighborhood planned amendment #: NPA-2024- 0015.01). I am opposed to the city not notifying me of this possibility as it is in such close proximity to my house, and I am vehemently opposed to this rezoning. I live at 3609 Munson St. and suffer from the traffic on Gunter and Munson St. My children cannot play in our front yard. I only let them in and out of our car from the door that opens to the curb. Even getting in the car myself in the morning is not safe with the amount of and speed of traffic from Gunter and Munson. I should not have to live worried that a car or truck will pull up onto the curb to dodge another oncoming car or truck, though it happens DAILY. If the city were to take into account the people that live in cars on Gunter and the cars for people that are long-term living though not officially living at Lupine Terrace (a very large multifamily complex also on Gunter), officials would see that our corner is fragile on a good day and on a regular day, shockingly unsafe. Additionally, the Goodwin - another multifamily project - is going in behind Lupine Terrace. That street does have an extra out onto Airport. We do not. Our pocket CANNOT handle the cars or people that would come with a multifamily project. Please consider the nuance of our block as you make this decision and please pass my comments to the appropriate decision makers. Thank you, Candice Candice DePrang Boehm 281/433.0737 29 Planning Commission: November 12, 2024 -----Original Message----- From: Colette Hankey < Sent: Friday, October 4, 2024 8:41 AM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Subject: Objection to Zoning Change 1145 1/2 Gunter Good Morning Maureen, Thank you for considering our objections to the zoning changes to Multi-Family at 1145 1/2 Gunter St (78721) at case #C14-2024-0109. We purchased our home at 1148 Gunter St in 2007 and have lived here ever since, watching the neighborhood change. Originally the home was rented out, seemingly since the 1980s, but we have taken on the slow process of converting a rental property over to being a home. In the 14 years since then, we have witnessed the same progression in the homes on the street. Many home have changed from being rentals to being occupied by the owners. This has created a more cohesive immediate neighborhood, who care for and watch out for each other. In this way, I am fearful that an injection of 49+ more units of rental real estate will disrupt the long term relationships forged and the health of the area. Additionally, I fear that the added traffic will make crossing the street, pulling out of a driveway, or getting out of or into the Oak Spring and Airport intersection nearly impossible. Already we back into the driveway because our driveway is almost directly across from Abbate, making it very difficult to watch for traffic heading up and down Gunter in addition to anyone coming out of Abbate. Because Gunter runs parallel to Airport it is already used as a shortcut to skip the light at Airport and Oak Springs. Additionally with southbound lanes of Springdale closed for years north of Airport there has been an increase in traffic as well as the speed used by the vehicles traveling up and down Gunter. To further complicate things, if there is congestion or work being done along 30 Planning Commission: November 12, 2024 Airport, most of the traffic either officially or conveniently gets diverted up Gunter. When the new bus stop pad and curb was built at the northeast corner of Airport and Oak Springs we even had city buses speeding up our narrow street. Now imagine that same issue with the entire street lined with cars (because each proposed unit for this project only has a single parking space for each unit, so any guest or multiple-vehicle families will be required to use street parking along Gunter). And then add all the projected residents further complicating traffic in their attempt to get home. I have watched traffic back up the entire length of Gunter if there is construction or an accident on Airport. I have taken 30 minutes from being south of Givens park on Oak Springs to get home at 4:30pm (not even rush hour yet and before congestion builds up) when there is an accident on Airport. It is already an unsafe situation when it takes 30min to move less than half a mile because the infrastructure is not in place to deal with the traffic and congestion already existing in the area. How would emergency vehicles get to anyone on Gunter with gridlock like this now? without a multifamily structure in the middle of our street? Please also in mind only the west side of Gunter has a sidewalk. The addition of the density afforded by a multifamily zoning will completely rewrite the character of the neighborhood. Due to the amount of traffic already on Gunter as spillover from Airport and Springdale, the only way to traverse the area without a vehicle is in the sidewalk because the road is so dangerous. And I have stopped riding my bike because of the traffic. Furthermore, the representatives for the developers have reiterated that they are applying for MF3 zoning, but the plans currently call for less density. However, we fear that if granted the zoning density at MF3 nothing stands in the way of them selling their land and another group that would develop the land at that density, further complicating all of the issues we raise with concern. If their plans do not call for that aggressive of a zoning change, please do not allow it! 31 Planning Commission: November 12, 2024 Frankly, the city has passed a reduced requirement for residential lots to 1800 square feet. Ideally, we would much rather see the land be developed under its current zoning of single family, utilizing the new legal lot sizes. This would allow homeowners purchasing the houses and to become an integral part of our neighborhood, having strong ties and roots to the area through home ownership. We feel like the current zoning on the books as well as the recent adjustment to legal lot sizes more closely reflects the character of our little pocket of neighbors. Already there are multiple large rental complexes that are being finished that are on the adjacent thoroughfares that will help satisfy some of the housing demands of the neighborhood without putting undue strain on an already busy residential street. We ask you to support us in keeping our street residential. Please help us to keep the zoning the way that it is in order to encourage development based on the existing parameters and updated lot size requirements. Again, for the last 17 years we have enjoyed making a home in the little house at 1148 Gunter Street, and we have made a community with the surrounding friends and neighbors, and would very much like to welcome other folks into our neighborhood, but fear that this proposed development is not the correct fit for this specific site. I have been in Austin since 1997. My husband’s family trace their ties back to when the city was Waterloo. We know that change and development is both exciting and inevitable; however, please help us to keep the development true to its existing character and prudent relative to the current infrastructure. Yours kindly, Colette 32 Planning Commission: November 12, 2024 From: David Vykoukal Sent: Tuesday, October 8, 2024 5:45 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Subject: OPPOSITION TO THE PROPOSED REZONING of Gunter, Abbate Cir and Wayneroy Dr To Whom It May Concern, I am writing to express my strong opposition to the proposed rezoning of Gunter, Abbate Cir, and Wayneroy Dr properties to MF-3 (Case: C14-2024-0109) and the related neighborhood amendment (NPA-2024-0015.01). The proposed changes are not in accordance with this neighbourhood's single family home character. David Vykoukal 3610 Abbate Cir, Austin, TX 78721 From: David WV Sent: Tuesday, October 8, 2024 3:40 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Subject: Opposition-Proposed Rezoning of Gunter, Abbate Cir and Wayneroy Dr To Whom It May Concern, I am writing to express my strong opposition to the proposed rezoning of Gunter, Abbate Cir, and Wayneroy Dr properties to MF-3 (Case: C14-2024-0109) and the related neighborhood amendment (NPA-2024-0015.01). The proposed changes are not in accordance with this neighbourhood's single family home character. Alicia Vykoukal 3610 Abbate Cir, Austin, TX 78721 33 Planning Commission: November 12, 2024 From: Madhu Singh Sent: Monday, October 7, 2024 9:22 AM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Cc: Matthew Wong < Muhammad Ghaznavi < >; Tomko, Jonathan <Jonathan.Tomko@austintexas.gov>; Mrs. Thatcher < >; Clark Nowlin < >; Nicole Vykoukal < >; Ms. Angela Benavides Garza < >; Kristian Patel < > Subject: Re: Regarding Request for MF-3 Rezone on Gunter / Abbate Circle Dear Maureen and Jonathan, I hope this message finds you well. I’m writing to express my strong opposition to the proposed rezoning of the property on Abbate Circle/Gunter to MF-3. My neighbors and I share deep concerns about the negative impact this would have on our community, and I want to ensure my voice is heard on this matter. It’s frustrating that none of us on Gunter received notification about any meetings or hearings regarding this rezoning request. It feels like there’s been a lack of transparency, with mixed information being provided to different neighbors. Those on Abbate Circle were told the project is on Gunter, and vice versa, which feels deceptive. The idea that a multifamily development would somehow fit into a neighborhood primarily consisting of single-family homes is perplexing. Austin is currently sitting on a healthy inventory of housing, and the need for more multifamily rental properties in this particular area seems minimal. Not to mention, the city’s own zoning definitions and criteria clearly indicate that this type of development would not be appropriate for this location. The area is already dealing with significant congestion, and this project would only worsen the situation. Gunter and Munson St are currently prone to car accidents and not safe for children to cross due to a lack of crosswalks, fast-driving cars from Airport Blvd scraping parked vehicles/speeding, and even on occasion crashing into a home. Please perform a recalculation of how rezoning would affect traffic on this residential street. Adding more density without the infrastructure to support it would only increase the risk, especially for families with children. In summary, I strongly urge you to reject this rezoning proposal. It does not align with the character of this historic neighborhood (several of our residents have multigenerational households and have occupied this area since the 1950's), poses safety risks for families and older adults, and fails to comply with the city’s FLUM for East MLK. I trust that the city will take these concerns seriously and prioritize the well-being of those who live here. Thank you for your attention to this matter. Sincerely, Madhu Singh 1139 Gunter St Unit B 34 Planning Commission: November 12, 2024 From: Matthew Wong Sent: Sunday, October 6, 2024 1:07 PM To: Muhammad Ghaznavi < Cc: Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Tomko, Jonathan <Jonathan.Tomko@austintexas.gov>; Mrs. Thatcher < >; Clark Nowlin < >; Madhu Singh < >; Nicole Vykoukal < >; Ms. Angela Benavides Garza < >; Kristian Patel < > Subject: Re: Regarding Request for MF-3 Rezone on Gunter / Abbate Circle Hi Maureen and Jonathan, I am a neighbor of Mr. Ghaznavi's. I want to echo all of his concerns and experiences regarding the proposed upzoning of Abbate Circle/Gunter and have it entered into the record. The area is already grossly congested without roads to support the projects already in progress. (There are already massive condos just completed in the area as well as Springdale Green, etc.) Our portion of Gunter and Munson in particular are prone to accidents - cars crashing into house and parked cars on the street. This project will certainly make an already dangerous area more dangerous for those with children. During a prior upzoning request for 1141 1/2 Gunter in the middle of the pandemic, the planning commission put a hold on a proposed plan for an upzoning due to traffic concerns it would create on Gunter/Munson. To suggest that an even bigger project, albeit residential, would not create worse problems is inconsistent. Nothing in our neighborhood has changed to better support the construction of massive condo complexes and the continued proposed upzones are sheer cash grabs by giant developers with absolutely no concern for the livability and safety of the area. Thanks, Matt Wong 35 Planning Commission: November 12, 2024 From: Miranda Waldron Curry Sent: Thursday, August 1, 2024 2:20 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Cc: Tomko, Jonathan <Jonathan.Tomko@austintexas.gov>; Speich, McKenzie <McKenzie.Speich@huschblackwell.com>; Meade, Nikelle <Nikelle.Meade@huschblackwell.com>; Herpin, Taylor <Taylor.Herpin@huschblackwell.com>; Walters, Mark <Mark.Walters@austintexas.gov> Subject: Re: FW: 1145 1/2 Gunter Neighborhood Plan Amendment Follow-up To the Husch Blackwell team and all who it may concern: I confirmed this morning with City of Austin code officer Mendez that there is at least one active, unresolved code violation in progress at 1145 1/2 Gunter St. Attached are photos in which you can see three different notices posted on the front of the house. You can also see that the property is littered with trash, most of the windows are shattered, and the doors are completely unsecured (one is even ajar), leaving the building wide open for squatters who I and other neighbors have witnessed frequenting the property. If you or your client see it fit to manage an owned property in this manner, I certainly could not see myself recommending the proposed development to potential tenants. I can't begin to consider support for the proposed amendment plan until the property owners or managers can exhibit an ability and willingness to handle very basic levels of property maintenance. Thanks, Miranda Waldron Curry 36 Planning Commission: November 12, 2024 From: Miranda Waldron Curry < Sent: Monday, August 5, 2024 11:00 AM To: Meade, Nikelle <Nikelle.Meade@huschblackwell.com> Cc: Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Tomko, Jonathan <Jonathan.Tomko@austintexas.gov>; Speich, McKenzie <McKenzie.Speich@huschblackwell.com>; Herpin, Taylor <Taylor.Herpin@huschblackwell.com>; Walters, Mark <Mark.Walters@austintexas.gov> Subject: Re: 1145 1/2 Gunter Neighborhood Plan Amendment Follow-up Hi Nikelle, There have been notices on the house for weeks — it is not just the grass that is a problem. I just confirmed once again with Code Connect that the property is in legal status. As I said before, I think your client would benefit from visiting the property they own to view these notices and see the condition of the property. Your client has displayed some confusion about what property they own before, in one instance even trespassing onto my property in an attempt to tell me that I would need to vacate my own home because they thought they owned it. So, I am not sure if you or your client are aware, but there are actually multiple addresses at this property, one of them being 1145 1/2 Gunter St., which is where these notices are posted and I assume logged on the code violation system. 1145 1/2 Gunter street was also not mowed with the rest of the property on Friday. Regardless of whether or not they have made the effort to receive these notifications, working in construction, your client should know that this is not an acceptable way to leave an abandoned property. The windows and doors need to be boarded up. It is completely unsecured allowing anyone off the street to enter, with shattered windows and hazardous rotting trash around the property and within the home. Recent burglaries and home invasions in the immediate area make the home’s susceptibility to unknown persons highly concerning. I have called your client directly, sent you photos of what is happening at the property, and escalated through the appropriate city channels. Both you and your client’s refusal to acknowledge the hazardous conditions at the property is not only shameful, but displays an alarming lack of knowledge and integrity. Perhaps this explains your client’s erroneous purchase of a property zoned SF-3. Regardless, this behavior gives me very little faith that your client has any idea how to properly construct and maintain a 47-unit development. Please let me know if anyone plans to take responsibility for the condition of the property or if you are going to continue to deny the problem. 37 Planning Commission: November 12, 2024 Thanks, Miranda Waldron Curry From: Miranda Waldron Curry < Sent: Monday, August 5, 2024 1:57 PM To: Meade, Nikelle <Nikelle.Meade@huschblackwell.com> Cc: Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Tomko, Jonathan <Jonathan.Tomko@austintexas.gov>; Speich, McKenzie <McKenzie.Speich@huschblackwell.com>; Herpin, Taylor <Taylor.Herpin@huschblackwell.com>; Walters, Mark <Mark.Walters@austintexas.gov> Subject: Re: 1145 1/2 Gunter Neighborhood Plan Amendment Follow-up Another update: Two more code officers were just by. While they were here, a squatter entered the property. Police are also now on site. Here is a screenshot of the violation in Citizen Connect. Your client was notified in early June. It looks to me like your client could be subject to $168,000 in civil and criminal penalties as well as a potential cancellation of the site plan due to a failure to meet compliance based on the notice dated June 7th. Since you are the lawyer here, I’ll let you dig into that. Just a heads up. 38 Planning Commission: November 12, 2024 From: Miranda Waldron Curry < Sent: Sunday, October 6, 2024 5:58 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Tomko, Jonathan <Jonathan.Tomko@austintexas.gov> Subject: Cases NPA-2024-0015.01 and C14-2024-0109_1145 ½ Gunter St., 3605 Abbate Cir and 1144 Wayneroy Ci Maureen and Jonathan, I would like to formally express my opposition to the rezoning of 1145 ½ Gunter St., 3605 Abbate Cir and 1144 Wayneroy Ci. (Case NPA-2024-0015.01 and C14-2024- 0109_). The proposed development and rezone is not aligned with the current character and nature of Gunter and Abbate circle. Gunter is a small residential street that is not equipped to handle the traffic and increased strain on resources from a multifamily complex that will effectively double the size of the neighborhood. Although a traffic study was done, it did not appear to account for southbound traffic at the intersection of Gunter and Airport blvd, on Oak Springs, or the increased traffic from Springdale green, Goodwin, and numerous other apartment complexes currently preparing to open in the area. Even failing to account for these impending additional sources of traffic and stress points, the traffic study showed vehicle levels almost at the threshold. I would also like to be sure that the attached code violation notice is included in the case report for NPA-2024-0015.01 and C14-2024-0109_1145 ½ Gunter St., 3605 Abbate Cir and 1144 Wayneroy Ci. The owner’s inability to maintain the property in its current state (failing to secure the property for months, allowing violent squatters that terrorized neighbors to frequent the property, failing to deal with an infestation of vermin, and leaving hazardous waste undisposed of) and denial of such issues without formal intervention from the city suggests to me that the current owners in particular are not equipped to safely and properly manage a development of the proposed scale. 39 Planning Commission: November 12, 2024 From: Muhammad Ghaznavi < Sent: Thursday, October 3, 2024 10:46 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Tomko, Jonathan <Jonathan.Tomko@austintexas.gov> Cc: Mrs. Thatcher < >; Matthew Wong < >; Clark Nowlin < >; Madhu Singh < >; Nicole Vykoukal < Ms. Angela Benavides Garza < >; Kristian Patel Subject: Regarding Request for MF-3 Rezone on Gunter / Abbate Circle Maureen & Jonathan, I'm writing an email with my neighbors all cc'd for visibility. Speaking for all of us here when I say we are vehemently opposed to the rezoning of the property to MF-3. It's incredibly disappointing that none of us who live on Gunter have received a single letter regarding a hearing / meeting of any kind regarding the rezoning request, and had it been for Nicole we would've still been in the dark on the matter. It's even more disappointing that the letters we have received, all state that the property address is on Abbate Circle, yet the neighbors on Abbate Circle are all receiving letters stating the property address is on Gunter. This seems like an obvious deception in an attempt to get us to think the property in question is further away from our homes than it actually is. I can throw a rock and land it in the proposed lot. After speaking with Nicole and reviewing the recordings of the meetings that have been held, none of which again we were notified of, listening to the developers attorney bold face lie and claim that the neighbors are all supportive was even more enraging. For the sake of my own sanity, I re-read the city's own definitions for the various zoning codes, and doing so further affirmed that again, by the city's own definition, a multifamily zoning wouldn't be acceptable for the area in question based on multiple criteria laid out here. Finally, after the last time we spoke, regarding a similar matter for the property on 1141 1/2 Gunter, I was able to gain valuable insight watching well intentioned developers attempting to honestly work with neighbors to get their projects across the line. Just based on what I've seen in the recorded meetings thus far, this is already starting off on horrible footing. I care deeply and intrinsically about Austin's growth, future, and for the quality of life for all of our residents to improve. We are currently sitting at a recent record high with between 5 and 6 months of housing inventory available at the moment. Not only 40 Planning Commission: November 12, 2024 is the need for market value multifamily rental property at a low, but the idea of sticking a condo complex dead center in the middle of a neighborhood full of nothing but single family homes simply leaves us all scratching our heads as to how this would possibly be considered. The issue of traffic, while not my main problem, has been brought up before, as will only worsen with the completion of Springdale Green, The Goodwin, and other projects nearing completion just outside of the immediate neighborhood. The street itself is currently under consideration for the speed management program most likely as the result of two teenagers who crashed a vehicle into the side of my home just months ago. This project will not blend in with the neighborhood, will further exacerbate safety issues we're currently trying to combate, and most importantly does not comply with Austin's FLUM for East MLK. I've attached a screenshot of our neighborhood specifically. The color codes and FLUM are linked here. 41 Planning Commission: November 12, 2024 From: Nicole Vykoukal < Sent: Wednesday, July 24, 2024 8:14 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Subject: Zoning Case #C14-2024-0109 Dear Meredith, I am writing as the homeowner of 3610 Abbate Cir, Austin, TX 78721 to express my concerns regarding the proposed rezoning of the nearby property to multifamily residence medium density. My primary concerns are: 1. Increased traffic congestion in an already busy area 2. Potential changes to our street's layout, particularly the possible loss of our cul-de-sac 3. The proposed density's compatibility with the existing neighborhood character 4. Potential impacts on current residents' quality of life I would appreciate if these concerns could be addressed in any further discussions about this rezoning proposal. Thank you for your time and consideration. Nicole Vykoukal From: Elizabeth Ince Sent: Wednesday, October 16, 2024 3:46 PM To: Tomko, Jonathan <Jonathan.Tomko@austintexas.gov>; Meredith, Maureen <Maureen.Meredith@austintexas.gov> Cc: Elizabeth Ince Subject: Opposition to Rezoning Proposal for #C14-2024-0109 Dear Jonathan and Maureen, I am writing to express my opposition to the proposed rezoning of 2.7 acres of land on Gunter St and Abbate Circle to multifamily housing. I purchased my home at 3602 Abbate Circle four years ago, drawn to the quiet streets, eclectic charm, and strong sense of community on the East side of Austin. This neighborhood's unique character and the commitment of its invested residents to both historical and future Austin were key factors in my decision to settle here. Rezoning the area for multifamily use would bring several negative impacts. Increased traffic and congestion will exacerbate parking challenges, while the added strain on infrastructure could compromise the quality of services in the area, such as internet 42 Planning Commission: November 12, 2024 water, trash, and other utilities. Moreover, this shift could diminish the neighborhood’s distinctive feel, which is essential to both current residents and its long-term vitality. I urge you to reconsider this rezoning proposal to preserve the character and quality of life that we value in our community. Thank you for your attention to this matter. Sincerely, Elizabeth Ince From: Elizabeth Ince Sent: Wednesday, October 16, 2024 3:46 PM To: Tomko, Jonathan <Jonathan.Tomko@austintexas.gov>; Meredith, Maureen <Maureen.Meredith@austintexas.gov> Cc: Elizabeth Ince Subject: Opposition to Rezoning Proposal for #C14-2024-0109 Dear Jonathan and Maureen, I am writing to express my opposition to the proposed rezoning of 2.7 acres of land on Gunter St and Abbate Circle to multifamily housing. I purchased my home at 3602 Abbate Circle four years ago, drawn to the quiet streets, eclectic charm, and strong sense of community on the East side of Austin. This neighborhood's unique character and the commitment of its invested residents to both historical and future Austin were key factors in my decision to settle here. Rezoning the area for multifamily use would bring several negative impacts. Increased traffic and congestion will exacerbate parking challenges, while the added strain on infrastructure could compromise the quality of services in the area, such as internet water, trash, and other utilities. Moreover, this shift could diminish the neighborhood’s distinctive feel, which is essential to both current residents and its long-term vitality. I urge you to reconsider this rezoning proposal to preserve the character and quality of life that we value in our community. Thank you for your attention to this matter. Sincerely, Elizabeth Ince Cell (925) 708-0152 43 Planning Commission: November 12, 2024 44