05 C14-2024-0109 - Gunter Street Rezoning; District 1 Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2024-0109 (Gunter Street Rezoning) DISTRICT: 1 ADDRESS: 1143 ¾ Gunter Street, 1145 Gunter Street, 1145 ½ Gunter Street, 3605 Abbate Circle, and 1144 Wayneroy Drive ZONING FROM: SF-3-NP TO: MF-3-NP and SF-6-NP on 3605 Abbate Circle (as amended) SITE AREA: approximately 2.7462 acres (approximately 119,624 square feet) PROPERTY OWNER: RCG Gunter LLC and REAL Holdings LLC AGENT: Husch Blackwell LLP (Nikelle Meade) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff does not recommend granting multifamily residence (medium density)- neighborhood plan (MF-3-NP) combining district zoning and offers the alternative recommendation of multifamily residence (medium density)-conditional overlay- neighborhood plan (MF-3-CO-NP) combining district zoning on the entire site except for 3605 Abbate Circle. The conditional overlay would prohibit more than 50 dwelling units. Staff recommends granting townhouse & condominium residence-neighborhood plan (SF-6-NP) combining district zoning on 3605 Abbate Circle. For a summary of the basis of Staff’s recommendation, please see the basis of recommendation section below. PLANNING COMMISSION ACTION / RECOMMENDATION: October 22, 2024: Applicant & Neighborhood joint postponement request to November 12, 2024 November 12, 2024: Case is scheduled to be heard by Planning Commission CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: N/A ISSUES: N/A CASE MANAGER COMMENTS: The property in question is currently approximately seven single family homes constructed in the early 1940s and 1950s. The tract is approximately 550 feet east of Airport Boulevard, approximately 550 feet south of Oak Springs Drive, approximately 600 feet west of Springdale C14-2024-0109 2 Road, and approximately 800 feet north of the intersection of Airport Boulevard and Gunter Street. Airport Boulevard is an ASMP level 3 roadway, an Imagine Austin Activity Corridor and a part of the transit priority network. Springdale Road is an ASMP level 2 roadway, an Imagine Austin Activity Corridor and a part of the transit priority network. Oak Springs Drive is an ASMP level 2 roadway, and a part of the transit priority network. The tract is approximately 550 feet north of the Springdale Station Imagine Austin Activity Center. Sidewalks exist along the length of Gunter Street and Munson Street, sidewalks and recently upgraded bicycle infrastructure exists along Oak Springs Drive and Springdale Road. Two high frequency bus routes (every 15-30 minutes) are proximate to the site: Route 2 Rosewood/Cesar Chavez and Route 300 Springdale/Oltorf. Both routes have stops within ¼ mile of the subject tract. Route 135 Dell Limited and 350 Airport Boulevard also have stops with ¼ mile of the subject tract. BASIS OF RECOMMENDATION: The rezoning should be consistent with the policies and principles adopted by the City Council or Planning Commission The Austin City Council and Planning Commission have adopted policies and principles to increase housing supply, particularly proximate to daily household needs, locations with a variety of transportation infrastructure and in and around Imagine Austin Centers and Corridors. Permitting increased density in this location achieves those policies and principles. This location offers pedestrian, bicycle and transit options, is located within walking distance of two Imagine Austin Corridors (Airport Boulevard and Springdale Road) and an Imagine Austin Center (Springdale Station) the future location of Green Line Rail Stop. Zoning should allow for reasonable use of the property. The subject tract currently has a housing density of approximately 2.54 dwelling units per acre serviced by a dirt road across the property. Given the property’s location approximately 2.5 miles from Downtown Austin this is a very low density and most likely not a reasonable use of the property. Granting a more intense zoning category not to exceed 50 dwelling units, or approximately 18 dwelling units per acre seems more in line and reasonable given the redevelopment intensity of the surrounding areas. It will promote more sustainable use of the land and public infrastructure. Within the immediate area there are duplexes, fourplexes, and large multifamily apartment complexes being constructed. The proposed site plan for this site aims to provide 3 bedroom townhomes, yet another housing option, that is family friendly, to promote even more housing choices. EXISTING ZONING AND LAND USES: LAND USES ZONING C14-2024-0109 3 Site SF-3-NP North SF-3-NP South East SF-3-NP MF-3-NP West SF-3-NP Approximately seven single family homes constructed in the early 1940s and 1950s. Structures appear to be vacant and boarded up. According to historic satellite imagery auto vehicle storage existed on the eastern portion of the site. Two single family homes constructed in approximately the late 1930s and 1940s, and one newly constructed duplex. Undeveloped land Springdale Gardens Apartments - approximately 100 multifamily apartments in 1-2 story buildings constructed in approximately 1966. One church, one single family home constructed in approximately 1988, and two recently constructed fourplexes. NEIGHBORHOOD PLANNING AREA: East MLK (MLK) Combined Neighborhood Planning Area WATERSHED: Boggy Creek Watershed SCHOOLS: A.I.S.D. Govalle Elementary School Martin Middle School Eastside Memorial High School COMMUNITY REGISTRY LIST: Austin Independent School District, Austin Lost and Found Pets, Austin Neighborhoods Council, Del Valle Community Coalition, East Austin Conservancy, East MLK Combined Neighborhood Plan Contact Team, Friends of Austin Neighborhoods, Homeless Neighborhood Association, Neighborhood Empowerment Foundation, Neighbors United for Progress, Preservation Austin, SELTexas, Sierra Club, Austin Regional Group, Springdale- Airport Neighborhood Association AREA CASE HISTORIES: NUMBER C14-2019-0041 (3706 Goodwin) REQUEST The Applicant is proposing to rezone 3.74 acres from CS- MU-NP to CS-MU- V-NP. COMMISSION 07.23.2019: To grant CS-MU-V-NP Anderson, Kenny 2nd. Vote: 9-0. Lannes-Pulido abstained. Commissioners Shaw, Thompson and Schneider absent. CITY COUNCIL 08.08.2019: To grant CS-MU-V-NP Council Member Harper-Madison's motion, Council Member Pool' s second on an 8-1 vote. Council Member Casar voted nay. Mayor Pro Tem C14-2024-0109 4 Garza and Council Member Alter were off the dais. 11.08.2007: To grant SF-6-NP 09.25.2007: To grant SF-6-NP C14-2007-0105 (Hastings-Springdale Rezoning) The applicant is proposing to rezone 0.865 acres from SF-3-NP to MF-2 (amended to SF-6). RELATED CASES: NPA-2024-0015.01 - (FLUM Change from Single Family to Multifamily) SP-2023-0388C - The applicant is proposing a multi-unit condominium complex with associated improvements. ADDITIONAL STAFF COMMENTS: Environmental 1. The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Boggy Creek Watershed of the Colorado River Basin, which is classified as an Urban Watershed by Chapter 25-8 of the City's Land Development Code. It is in the Desired Development Zone. 2. Zoning district impervious cover limits apply in the Urban Watershed classification. 3. According to floodplain maps there is no floodplain within or adjacent to the project location. 4. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. 5. At this time, site specific information is unavailable regarding vegetation, areas of steep slope, or other environmental features such as bluffs, springs, canyon rimrock, caves, sinkholes, and wetlands. 6. This site is required to provide on-site water quality controls (or payment in lieu of) for all development and/or redevelopment when 8,000 s.f. cumulative is exceeded, and on site control for the two-year storm. 7. At this time, no information has been provided as to whether this property has any preexisting approvals that preempt current water quality or Code requirements. Fire No comments on rezoning PARD – Planning & Design Review PR1: Parkland dedication will be required for the new applicable uses proposed by this development, multifamily with MF-3 zoning, at the time of subdivision or site plan, per City Code § 25-1-601. Whether the requirement shall be met with fees in-lieu or dedicated land will be determined using the criteria in City Code Title 25, Article 14, as amended. Should fees in- lieu be required, those fees shall be used toward park investments in the form of land C14-2024-0109 5 acquisition and/or park amenities within the surrounding area, per the Parkland Dedication Operating Procedures § 14.3.11 and City Code § 25-1-609, as amended. If the applicant wishes to discuss parkland dedication requirements in advance of site plan or subdivision applications, please contact this reviewer: thomas.rowlinson@austintexas.gov. At the applicant’s request, PARD can provide an early determination of whether fees in-lieu of land will be allowed. Site Plan SP 1. Site plans will be required for any new development other than single-family or duplex residential. SP 2. 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. SP 3. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. Compatibility Standards SP 4. NEW COMPATIBIILITY COMMENTS: On and after July 15th, 2024, this site will need to comply with compatibility requirements based on ordinance # 20240516-004. SP 5. This tract is already developed, and the proposed zoning change is a footprint within the existing development SP6. FYI This site is in the MLK Neighborhood Plan Airport Overlay SP7. The site is located within Austin-Bergstrom Overlay {CCLUA, or AO-1,2,3}. No use will be allowed that creates electrical interference with navigational signals or radio communications between airport and aircraft, make it difficult for pilots to distinguish between the airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise in any way endanger or interfere with the landing, taking off, or maneuvering of aircraft intending to use the Austin-Bergstrom Airport. Height limitations and incompatible uses with each Airport Overlay zone are established in the Airport Overlay Ordinance. SP8. There is a site plan currently under review for this property SP-2023-0388C which provides for 112,820.40 square feet of condominium uses, along with associated parking and drainage facilities. Transportation and Public Works Department – Engineering Review C14-2024-0109 6 TPW 1. Assessment of required transportation mitigation, including the potential dedication of right of way and easements and participation in roadway and other multi-modal improvements, will occur at the time of site plan application. The traffic impact analysis for this site is not required, the traffic generated by the proposal does not exceed the thresholds established in the City of Austin Land Development Code. [LDC 25-6-113]. TPW 2. A Neighborhood Traffic Analysis is required and will be performed for this project by TPW staff. Results will be provided in a separate memo. LDC 25-6-114. NTA requires three (3) consecutive 24-hour tube counts, preferably on Tuesday, Wednesday, and Thursday, during a non-holiday week when school is in session. Please contact this reviewer to discuss the location of the tube counts. Results will be 25-6-114. separate in provided Please submit NTA review via: https://atd.knack.com/development- services#services/neighborhood-traffic-analysis/ NTA fees will be added in AMANDA. This comment will be cleared once the Memo is approved and the fees are paid. memo. LDC for a TPW 3. The Austin Strategic Mobility Plan (ASMP) calls for 58 feet of right-of-way for WAYNEROY DR. It is recommended that 29 feet of right-of-way from the existing centerline should be dedicated for WAYNEROY DR according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6- 51 and 25-6-55]. TPW 4. The Austin Strategic Mobility Plan (ASMP) calls for 58 feet of right-of-way for ABBATE CIR. It is recommended that 29 feet of right-of-way from the existing centerline should be dedicated for ABBATE CIR according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6- 55]. TPW 5 The Austin Strategic Mobility Plan (ASMP) calls for 58 feet of right-of-way for GUNTER ST. It is recommended that 29 feet of right-of-way from the existing centerline should be dedicated for GUNTER 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 WAYNEROY DR ABBATE CIR GUNTER ST Local Mobility Local Mobility - Level 1 Local Mobility - Level 1 - Level 1 58 feet 50 feet 29 feet No 58 feet 50 feet 29 feet 58 feet 55 feet 29 feet No No No No No Capital Metro (within ¼ mile) Yes Yes Yes C14-2024-0109 7 TIA: The traffic impact analysis for this site is not required, the traffic generated by the proposal does not exceed the thresholds established in the City of Austin Land Development Code. [LDC 25-6-113]. Austin Water Utility AW1. 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 Initial Rezoning Request Summary Letter 05/31/24 D. Applicant’s Amendment to Application for Rezoning 11/06/24 E. Final Neighborhood Traffic Analysis (NTA) Memo 08/09/24 F. Correspondence from Interested Parties ( SF-3-NP ( C14-02-0142.003 ( L O V ( ( D E E B R ( ( T ( E C G R E ( ( ( SF-3-NP E N W O O D A V E ( ( ( ( ( ( ( ( Y A W H T E B A R A S ( ( ( ( ( ( CHURCH SP88-0210D SF-3-NP ( ( ( C H U R C H ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( PE N N SY LVA N I A AV E = = ( = = GIVENS PARK P-NP U N D E V ( LR-MU-NP 52-547 ( ( ( ( ( R I D G ( E D R ( ( C A R S A L E S ( CS-1-MU-NP 64-008 A U T O P A I N T S E R V I C E L I Q U O R S T O R E A I R P S O R T B L V D CS-NP MF-3-NP SP-00-2253C C A R \ W A S H C14-01-0150 CS-MU-NP CS-NP SP-02-0360C SP-06-0208C SP-89-0245C SP-02-0409C C14-02-0142.003 ( ( 64-93 CS-MU-NP ( ( ( SF-6-NP 3 4 - 9 6 A U T O R E P . G A R A G E S P - 9 9 - 0 2 7 7 C R Z 8 7 - 1 6 R E S T . R E S T . SERV. STATION P A W N \ S H O P F A S T \ F O O D DRIVE THR U BANK RZ86-66 SP91-132C GROCERY STR. S P 9 1 - 0 0 0 2 C S 8 5 - 2 1 5 C14-02-0142.003 SF-6-NP ( ( LR-MU-NP 87-012 90-061 BEAUTY SHOP ( SHOP ( MH ( ( 80-205 ( ( ( ( ( ( ( ( ( ( ( OAK SPRINGS DR ( LE D E S M SF-3-NP ( ( ( A R D 67-188 2 0 42.0 1 02-0 GR-NP SF-3-NP TA N N E Y S T T D S L FIE N E D SF-3-NP S A R A D R GR-NP 2 0 42.0 1 02-0 GR-NP T P S A M 02-0142.002 SF-3-NP 02-0142.002 LR-MU-NP 02-0142.002 SF-6-NP SF-3-NP P R O C K LN SF-3-NP S CIR K R A M SF-3-NP ( ( ( ( ( ( T N S N N A O D ( ( ( ( SF-3-NP ( ( ( LIBRARY P-NP T Y S R E L TIL CS-MU-CO-NP CS-1-MU-CO-NP FAST FOOD LIQUOR STR. FAST FOOD RETAIL STRIP REST. CENTER LAUNDRY MAT AUTO SUPPLY GR-MU-NP CONV. STR. SP-03-0019C SF-3-NP ABBATE CIR ! ! ! ! ! ! ! ! ! ! R D Y O R E N Y A W ! ! ! ! ! ! 7 5 -1 2 7 T ! ! ! ! R S E T N U G ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 86-102RC. SF-3-NP ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! CS-MU-NP FAST FOOD SP88-366C REST./TAVERN CS-MU-CO-NP ! ! ! ! ! ! ! SF-3-NP ! ! ! ! ! ! SPC-04-0005A GAS/CONV. CS-CO-NP CS-MU-CO-NP C14-2013-0055 NPA-2013-0015.01 MUNSON ST SF-3-NP 63-141 MF-3-NP 63-141 SP-01-0509C.SH 70-172 D E R L A D G RIN P S SF-3-NP BENGSTON ST SF-3-NP KAY ST SF-3-NP GOODWIN AVE SF-3-NP GAS/CONV. STR. APARTMENTS CS-MU-NP CS-1-CO-NP R Z 8 5 - 6 7 CS-CO-NP SP-04-0094CS 1 1 1 - 5 8 P S G. R T S F L E S CS-CO-NP T S A F D O O F APARTMENTS C14-2019-0041 CS-MU-V-NP APARTMENTS ( ( NPA-2007-0015.01 C14-2007-0105 SF-6-NP ! ! ! ! ! C14-2023-0156 ! GO-MU-CO-NP ( ! ( ( ( ( ( ( ( ( ( P CIR A M SF-3-NP ( ( ( UNDEV OFFICE ( ( ( ( ( ( ( SF-3-NP ( ALF A V E ( ( NPA-2021-0016.05.SH C14-2021-0172.SH LO-MU-CO-NP CHARLES ST T R S E G NIN N E H PICKLE DR SF-3-NP C14-2020-0083 NPA-2020-0016.03 CS-MU-V-CO-NP SF-3-NP CONV. STR. BUS COMP. CS-MU-V-NP C14-2021-0001 CS-CO-NP C14-2014-0088 C14-2015-0121 C14-98-0065 PETROLEUM STORAGE C814-2020-0104 PUD-NP ZONING ZONING CASE#: C14-2024-0109 SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY SF-3-NP ± This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 400 ' This product has been produced by the Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Created: 7/17/2024  111 Congress Avenue, Suite 1400 Austin, Texas 78701 Direct: 512.479.1147 nikelle.meade@huschblackwell.com Nikelle S. Meade Partner May 31, 2024 Planning Department City of Austin Attn. Lauren Middleton-Pratt, Director P.O. Box 1088 Austin, TX 78767 Re: Rezoning Application for an Approximately 2.7462-Acre Property Located at 1145 Gunter St., 3605 Abbate Cir., and 1144 Wayneroy Dr., Austin, Texas 78721 Dear Ms. Middleton-Pratt: On behalf of Real Holdings LLC and RCG Gunter LLC (together, the “Applicant”), please find enclosed with this letter a rezoning application and neighborhood plan amendment for the above- referenced property (See map of properties attached as Exhibit A). We are requesting to rezone three contiguous tracts of land from SF3 to MF3 and to change the future land use map designation of the Property from Single Family to Multifamily to accommodate a redevelopment of the property to +/- 100 apartments. As a note, the Applicant in this case has a pending site plan for application multifamily use. The site plan application was submitted and went through multiple rounds of comments when it was discovered that the land was not zoned for multi-family use but instead was zoned only for single family residential. Before purchasing the property, the Applicant confirmed the zoning of it through the City’s property profile tool. This was in February of this year. The tool had a glitch of some sort and reflected that the property was zoned for multifamily use. (Please see the screenshot of what the Property Profile Tool showed for this property in February. It is attached as Exhibit B.) Based upon that information, the Applicant purchased the Property and moved forward with a full site development permit application (SP-2023-0388C) for the first phase of an apartment development that necessitated MF3 zoning with no knowledge that the property was not correctly zoned. As such, the SDP application and the project have been put on hold. We are filing these applications in hopes of getting the proposed residential project back on track and back into the SDP process. Several properties in the vicinity of the subject Property are zoned MF3 or higher zoning, so we believe the zoning is appropriate for the area. And, although the property abuts two neighborhood streets, it has direct access to Gunter Street, which is developed with a mix of multi-family, commercial, and single family uses. Gunter Street and the areas surrounding it have developed into a walkable, mixed use area which is well-located to provide access to employment, downtown, and all of the major highways, and so we believe it is an excellent place for new, multi-family homes to serve the population of Austin that would like to live in the central core but cannot find enough options for housing because of limited supply and high demand. Additionally, a neighborhood traffic analysis will be performed in connection with the rezoning which we believe will show that City of Austin Planning Department May 31, 2024 Page 2 the addition of the proposed project to this area will not detrimentally impact the functionality of the surrounding street network. For the above reasons, we are hopeful that the Planning Staff will support this rezoning request, and we are pleased to begin the process of working with you on it. Please let me know if you have any questions or if any additional information is needed. Sincerely, Nikelle S. Meade City of Austin Planning Department May 31, 2024 Page 3 EXHIBIT A Map of Properties City of Austin Planning Department May 31, 2024 Page 4 EXHIBIT B Incorrect Zoning Information from City’s February 2024 Zoning Profile Tool Nikelle Meade Partner 111 Congress Avenue, Suite 1400 Austin, TX 78701 Direct: 512.992.6001 nikelle.meade@huschblackwell.com November 6, 2024 via email -jonathan.tomko@austintexas.gov City of Austin Planning Department Attn. Jonathan Tomko, Planner Principal 6310 Wilhelmina Delco Dr. Austin, Texas 78752 Re: Amendment to Application for Zoning; Gunter Rezoning - Case No. C14-2024- 0109 Dear Jonathan: On behalf of the applicant in the above-referenced case, we are submitting this letter to amend the previously submitted zoning application with regard to 3605 Abbate Circle (which is legally described a Lot 3, V.E. Smith Subdivision Section 1) to request that this tract be rezoned to SF-6 zoning district designation rather than MF-3 zoning district designation.. The subject tract is reflected in the map below. Please let me know if any additional information is needed from me in connection with this amendment. Sincerely, cc: Enge Xing, Real Holdings Nhat Ho, Civilitude Letter re Gunter Application for Zoning 11.6.24 4855-1078-9622 v.5 Husch Blackwell LLP  MEMORANDUM To: CC: FROM: DATE: SUBJECT: McKenzie Speich Kaylie Coleman, Bryan Golden Matiur Rahman, Ph.D., P.Eng. August 9, 2024 Gunter Rezoning Neighborhood Traffic Analysis (C14-2024-0109) The proposed development consists of 149 Multifamily Housing units. The site is a 2.7462-acre tract on Gunter St, south of Abbate Cir and Wayneroy Dr, as shown in Figure 1 below. This site proposes access to Gunter St, Wayneroy Dr, and Abbate Cir, which are all level 1 streets. The Transportation Development Services (TDS) division has conducted an NTA and offers the following comments. Figure 1: Site Location Roadways Gunter St: The ASMP designates Gunter St as a Level 1 road. The pavement width of Gunter St along the site frontage is approximately 30 feet. There are two unstriped travel lanes and on street parking with curb and gutter along the site frontage of Gunter St. There is sidewalk in the SB direction in the Page 1 of 4 vicinity of the site on Gunter St. It functions as a 30-mph street. According to the ASMP, the required right-of-way of Gunter St in the vicinity of the site is 58/64 feet. Abbate Cir: The ASMP designates Abbate Cir as a Level 1 road. The pavement width of Abbate Cir along the site frontage is approximately 30 feet. There are two unstriped travel lanes and on street parking with curb and gutter along the site frontage of Abbate Cir. According to the ASMP, the required right-of-way of Abbate Cir in the vicinity of the site is 58/64 feet. Wayneroy Dr: The ASMP designates Wayneroy Dr as a Level 1 road. The pavement width of Wayneroy Dr along the site frontage is approximately 30 feet. There are two unstriped travel lanes and on street parking with curb and gutter along the site frontage of Wayneroy Dr. According to the ASMP, the required right-of-way of Wayneroy Dr in the vicinity of the site is 58/64 feet. Trip Generation and Traffic Analysis Based on the Institute of Transportation Engineer’s Trip Generation Manual, 11th Edition, the proposed development will generate 954 adjusted vehicle trips per day. See Table 1 for a detailed breakdown of the trip generation. Table 1. Trip Generation ITE Code Existing Proposed Land Use Units Trip Generation Single-Family Detached Housing 210 6 Dwelling Units 76 Multifamily Housing (Low-Rise) 220 149 Dwelling Units NET TRIPS 1,030 954 24-hour traffic volumes were collected at three points, see Figure 2 below, on Gunter St and Abbate Cir on July 16th, 17th, and 18th, 2024. Considering traffic data in this area while school was in session versus not in session, a summer factor of 1.4 has been applied because data was collected while school was not in session. Page 2 of 4 Figure 2: Tube count locations Table 2 provides an assumed trip distribution for the proposed land uses. This development proposes access to Gunter St, Abbate Cir, and Wayneroy Dr. It has been assumed 20% of the site traffic will use Abbate Cir to access the site and this 20% traffic will eventually use Gunter St. Therefore, 80% of the site traffic is assumed to be using Gunter St directly to access the site. Table 2. Trip Distribution Street Expected Trip Distribution (Percentage) Gunter St, South of Oak Springs Dr (Location 1) Gunter St, North of Munson St (Location 3) 70% 30% Table 3 represents a breakdown of traffic on Gunter St and Abbate Cir: existing traffic, proposed site traffic, and total traffic after development. Street Gunter St, South of Oak Springs Dr (Location 1) Gunter St, North of Munson St (Location 3) Abbate Cir, East of Gunter St (Location 2) Table 3. Traffic Summary Adjusted Existing Traffic from Counts (vehicles per day, vpd) Site Traffic added to Roadway (vpd) Total Future Traffic (vpd) 826 1,315 123 668 286 191 1,494 1,601 314 Page 3 of 4 According to Section 25-6-116 of the Land Development Code (LDC), residential local or collector streets that have between 30 and 40 feet of pavement width are operating at an undesirable level if the average daily traffic volume for such a roadway exceeds 1,800 vehicles per day. Based on the LDC criteria, Gunter St and Abbate Cir are currently operating at desirable levels and will continue operating at desirable levels with the addition of site traffic. This site will be subject to Street Impact Fee (SIF), which will help fund roadway capacity projects identified in RCP necessitated by new developments. SIF calculation shall be performed during the Site Plan review and fee will be collected at the time of building permit. For SIF-related information, please visit the City’s SIF website (https://www.austintexas.gov/department/street-impact-fee). This assessment is based on the proposed uses and access; any changes in these assumptions may require an updated NTA. This NTA does not grant nor guarantee approval of proposed driveway types or locations. Driveway types and locations will be reviewed with the site plan application. Please contact me at (512) 978-1699 if you have questions or require additional information. Sincerely, Matiur Rahman, Ph.D., P.Eng. Transportation and Public Works Department, City of Austin Page 4 of 4 Public Comments Received on Gunter Street Rezoning (C14-2024-0109) 7/24/24 email from Nicole Vykoukal 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 10/3/24 email from Jesse Garcia and Marisa Pool 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 10/3/24 email from Jeanette Duran Hello My Name is Jeannette Valdez Duran, We live at 3702 Munson St, Austin, TX and lived here for over 53 years. We oppose the multi-family rezoning at 1145 1/2 Gunter St. Thank you Jeannette V. Duran 10/3/24 email from Muhammad Ghaznavi 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 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. 10/4/24 email from Colette Hankey Hi Jonathan, 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 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! 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 10/6/24 email from Matthew Wong 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 10/6 email from Miranda Curry 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. 10/6/24 email from Candice Boehm Hi Jonathan and Maureen, 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 10/7/24 emali from Madhu Singh 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 10/8/24 email from Alice Vykoukal 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 10/8/24 email from David Vykoukal 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 10/10/24 email from Nicole Vykoukal To Whom It May Concern, I am writing to express my firm opposition to the proposed rezoning of Gunter St, Abbate Cir, and Wayneroy Dr properties to MF-3 (Case: C14-2024-0109) and opposition to the related neighborhood amendment (NPA-2024-0015.01). Based on the developer's cover letter, my understanding is that they purchased these lots under the mistaken belief that they were already zoned for multifamily use. Now, due to this zoning mislabeling and the developer's failure to conduct proper research, the burden has fallen on East Austin homeowners and residents to demonstrate why the proposed neighborhood amendment and rezoning make absolutely no sense for our community. I support East Austin development that enhances our families, community, and infrastructure— growth that respects and aligns with the original intent of our neighborhood: a predominantly single-family home area, not one overshadowed by three-story, market-rate rental condo regimes looming over us. Upon reviewing the city's zoning definitions (please see attached), it is clear that multifamily zoning is inappropriate for this area based on several of the city’s own criteria. The introduction of multifamily housing does not align with the character of our neighborhood and does not comply with Austin’s Future Land Use Map (FLUM) for the East MLK area (please see attached). I care about Austin’s growth and accessible housing. Housing inventory is currently high, and the demand for market-rate multifamily rental properties is low. It is perplexing to see a proposal for a market-rate, three-story, 50-unit condo complex in the middle of a single-family neighborhood as a possible solution to affordable housing shortages. Historically, we see that when supply increases, residential rental property owners in popular cities like Austin do not significantly lower their prices. Instead, they keep prices high and create the illusion of scarcity. Despite what the recent Gunter traffic study claims, as someone who drives these streets daily, I find it difficult to believe that this type of rezoning and neighborhood amendment will not negatively impact roads. The burden on our streets will be severe, especially with the completion of nearby developments like Springdale Green and The Goodwin. Gunter Street is already under review for safety concerns, and this project would only exacerbate existing challenges. An additional 50 households would be funneled out of the neighborhood via Gunter, with only one left turn option on Airport Blvd, causing backups on Oak Springs—an area that was noticeably excluded from the traffic study. Additionally, I want to address my experience with the developer's attorneys. I, along with several of my neighbors, took the time and effort to meet with them, hoping to foster a positive relationship and facilitate positive change in our community. Unfortunately, the week after our meeting, I attended the EMLK NPCT meeting virtually, where I was disheartened to witness the attorneys dismissing the concerns and opposition we had voiced. Even more troubling was seeing the attorneys claim to the EMLK NPCT that neighbors supported this rezoning—a statement that does not accurately reflect the concerns of those of us who participated in prior meetings. This misrepresentation undermines the trust and collaboration essential for responsible development and community engagement. It suggests that the attorneys prioritize securing profit for out-of-state developers and disregarding local input over addressing the legitimate needs and concerns of our neighbors and the East Austin community. Moving forward, I hope relational repairs can be made between the developer and neighbors. I strongly urge you to oppose both the neighborhood plan amendment and the rezoning of these properties to anything other than single-family. Thank you, Nicole Vykoukal 3610 Abbate Cir, Austin, TX 78721 10/16 email from Elizabeth Ince 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