09- C14-2024-0037 - 5200 East 5th Street; District 3 Staff Report — original pdf

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CASE: 5200 East 5th Street (C14-2024-0037) DISTRICT: 3 ZONING CHANGE REVIEW SHEET ZONING FROM: CS-CO-NP ZONING TO: CS-MU-V-CO-DB90-NP ADDRESS: 5200 East 5th Street SITE AREA: approximately 1.333 acres (approximately 58,065 square feet) PROPERTY OWNER: CSW 5th Street, LLC AGENT: Drenner Group, PC (Amanda Swor, AICP) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting general commercial services-mixed use-vertical mixed use- conditional overlay-density bonus 90-neighborhood plan (CS-MU-V-CO-DB90- NP) combining district zoning. The conditional overlay would be carried over from Ordinance No. 030327-11a and prohibit seven uses: adult oriented businesses, campground, kennels, laundry services, pawn shop services, residential treatment, and vehicle storage. The conditional overlay would allow ten conditional uses: agricultural sales and services, automotive rentals, automotive repair services, automotive washing (of any type), building maintenance services, commercial off-street parking, construction sales and services, equipment sales, equipment repair services, and drive-in services as an accessory to commercial uses. For more information see the basis of recommendation section below. PLANNING COMMISSION ACTION / RECOMMENDATION: June 25, 2024: Neighborhood postponement granted to July 9, 2024. July 9, 2024: Case is scheduled to be heard by Planning Commission. CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: N/A ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. CASE MANAGER COMMENTS: The property in question is currently undeveloped land. To the north is additional undeveloped land. To the east across interchange of Airport Boulevard, East 7th Street, East 5th Street, and East Cesar Chavez Street is the Austin Animal Center and an asphalt contractor. To the south across East 5th Street/East Cesar Chavez Street is an automotive repair shop, approximately 7,800 square feet, was constructed in approximately 1975. A door supplier office/retail store of approximately 1,100 square feet was built in approximately 1939. Greyhound Bus Station C14-2024-0037 2 and the CARTS Eastside Bus Plaza, approximately 2,000 square feet, was constructed in 2020. To the west are vacant warehouses, approximately 24,000 square feet built in the early 1940s. The Applicant previously proposed to rezone approximately the subject tract from CS-CO-NP to CS-V-CO-NP in C14-2021-0131. However, this case was withdrawn on September 29, 2021. The applicant is requesting general commercial services-mixed use-vertical mixed use- conditional overlay-density bonus 90-neighborhood plan (CS-MU-V-CO-DB90-NP) combining district zoning. for a proposed development that would include multi-family units requiring an affordable component. A building constructed under density bonus 90 (–DB90) standards allows for a mix of residential uses and commercial uses, and the result is typically retail, restaurants and offices on the ground floor, and residential units on upper levels. A development utilizing the “density bonus 90” incentives is permitted with a base CS district and must include an affordability component for residential use in order to obtain incentives, including height maximum of 90 feet in the CS district (60 feet base plus 30 feet incentive) and relaxation of development and compatibility standards, such as FAR, setbacks and building coverage. There are several methods of satisfying DB90 development affordability requirements. There are two options for projects including rental units: 1) a minimum of 12% of the rental units in a building are affordable for a 40-year period for households earning 60% or less than the Austin-Round Rock Metropolitan Statistical Area MFI; or 2) a minimum of 10% of the rental units are affordable for a 40-year period as described above for households earning 50% or less MFI. There are two options of satisfying DB90 development affordability requirements which include ownership units: 1) a minimum of 12% of the rental units in a building are affordable for a 40-year period for households earning 80% or less than the Austin-Round Rock Metropolitan Statistical Area MFI; or an in-lieu-fee payment to the Housing Trust Fund, equivalent to the required percentage of the total residential units, including the mix of bedrooms required, at the rate set in the fee schedule at the time of final site plan submission. BASIS OF RECOMMENDATION: 1. The rezoning should be consistent with the policies and principles adopted by the City Council. The subject tract is on East 5th Street, which is an Imagine Austin Corridor east of where it intersects with East Cesar Chavez Street. It is approximately 250 feet from East 7th Street and approximately 900 feet from Airport Boulevard which are also an Imagine Austin Corridors. This proximity to multiple Imagine Austin Corridors indicates the subject tract is in a location that was envisioned to accommodate additional development and density to implement Imagine Austin, the City’s Comprehensive Plan. C14-2024-0037 3 East 7th Street, East Cesar Chavez Street and Airport Boulevard are also identified as part of the ASMP’s Transit Priority Network. Near the subject tract East 5th Street is an ASMP level 5 and level 2 street, East 7th Street is an ASMP level 5 and level 3 street, Airport Boulevard south of where it intersects Levander Loop is an ASMP level 5 street. These are substantial streets away from single family neighborhoods. City Council has provided policy and direction for having more residential density and increased affordability, as well as incentivizing vertical mixed use buildings throughout the City. This request is consistent with the “VMU2” option and Ordinance No. 20240229-073, which replaced the invalidated “VMU2” option. 2. The proposed zoning should be consistent with the purpose statement of the district sought. DB90 (DB90) combining district, in exchange for providing affordable housing units and in combination with commercial base zoning districts, allows a mixture of office, retail, commercial, and residential uses with modifications of compatibility standards and site development regulations including increased building height. 3. Zoning should promote clearly-identified community goals, such as creating employment opportunities or providing for affordable housing. This rezoning authorizes a property to participate in a voluntary density bonus or incentive program that provides modifications to development regulations or other regulatory-related benefits in exchange for community benefits. In exchange for increased development potential, the development is required to comply with affordable housing requirements. EXISTING ZONING AND LAND USES: Site North CS-V-CO-NP South LI-PDA-NP and LI-CO- LAND USES ZONING CS-CO-NP Undeveloped Land Undeveloped Land An automotive repair shop, approximately 7,800 square feet, was constructed in approximately 1975. A door supplier office/retail store of approximately 1,100 square feet was built in approximately 1939. Greyhound Bus Station and the CARTS Eastside Bus Plaza, approximately 2,000 square feet, constructed in 2020. Austin Animal Center and an asphalt contractor. NP (across East 5th Street/East Cesar Chavez Street) P-NP and LI (across interchange of Airport Boulevard, East 7th Street, East 5th Street, and East Cesar Chavez Street) CS-CO-NP East West Vacant warehouses, approximately 24,000 square feet built in the early 1940s. C14-2024-0037 4 SCENIC NEIGHBORHOOD PLANNING AREA: Govalle/Johnston Terrace Combined Neighborhood Planning Area WATERSHED: Colorado River Watershed CAPITOL VIEW CORRIDOR: No ROADWAY: No 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, Buena Vista Neighborhood Association, Del Valle Community Coalition, East Austin Conservancy, El Concilio Mexican-American Neighborhoods, Friends of Austin Neighborhoods, Govalle/Johnston Terrace Neighborhood Plan Contact Team, Greater East Austin Neighborhood Association , Guadalupe Neighborhood Development Corporation, Homeless Neighborhood Association, Neighborhood Empowerment Foundation, Neighbors United for Progress, Preservation Austin, SELTexas, Sierra Club, Austin Regional Group, Tejano Town AREA CASE HISTORIES: Number C14-2022-0121 (Borden Tract) Request The Applicant is proposing to rezone approximately 21.38 acres from LI-CO-NP to LI- PDA-NP. Commission 03.28.2023 (PC): To Grant LI- PDA-NP zoning as staff recommended with additional conditions: 1) height is limited to 120 feet; 2) Impervious cover is limited to 75 percent; 3) a 60- foot-wide building setback City Council 07.20.2023: Approved third reading of LI- PDA-NP with conditions on Council Member Vela’s motion, Council Member Ryan Alter’s second on an 8-1 vote. Council Member Allison Alter voted no, Council Member C14-2024-0037 5 is provided along the south of the property line. Motion by Commissioner Anderson, seconded by Commissioner Maxwell (10-3) with Commissioner Awais, Commissioner Mushtaler and Commissioner Cox voting nay. 01.24.2023 (PC): To Grant LI- PDA-NP as recommended by staff, on consent. Velásquez recused and Council Member Fuentes weas off the dais. 02.23.2023: Approved LI- PDA-NP with minimum setback amendments on Council Member Pool’s motion and Council Member Alison Alter’s second on a vote of 10-0. Council Member Kelly was off the dais. C14-2022-0103 (4927 East 5th Street) The Applicant is proposing to rezone approximately 1.43 acres from LI-CO-NP to LI- PDA-NP. C14-2021-0131 (5200 East 5th Street) C14-2015-0043 (Shady Lane Mixed Use) The Applicant is proposing to rezone approximately 1.34 acres from CS-CO-NP to CS-V-CO-NP. The applicant is proposing to rezone the Withdrawn on September 29, 2021 Case Expired C14-2024-0037 6 property from LI- CO-NP to CS- MU-V-NP. NOTE: Case Expired on 8-9- 2016 in accordance with LDC 25-2- 246(A)(2). RELATED CASES: NPA-2024-0016.02 (FLUM change on the subject tract from Commercial to Mixed Use) C14-2021-0131 (5200 East 5th Street – the subject tract on this case) - The Applicant is proposing to rezone approximately 1.34 acres from CS-CO-NP to CS-V-CO-NP. This case was withdrawn on September 29, 2021. ADDITIONAL STAFF COMMENTS: Drainage: The developer is required to submit a pre- and post-development drainage analysis at the subdivision and site plan stage of the development process. The City’s Land Development Code and Drainage Criteria Manual require that the Applicant demonstrate the proposed development will have no identifiable adverse impact on surrounding properties. Environmental through engineering analysis that 1. The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Colorado River 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 a floodplain within or adjacent to the project location. Based upon the location of the floodplain, offsite drainage should be calculated to determine whether a Critical Water Quality Zone exists within the project location. C14-2024-0037 7 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 at the time of subdivision or site plan application for new residential units, per City Code § 25-1-601, as amended. The proposed development meets the criteria for land dedication in City Code Title 25, Article 14. As such, a partial land dedication may be required, as well as any remaining fees in-lieu. Parkland dedication was satisfied via the site development permit SP-2021- 0423D, where a small pocket will be developed and dedicated as part of the larger Lance Armstrong Bikeway trail system. Should the applicant wish to discuss parkland dedication requirements in advance of any future site plan or subdivision applications, please contact this reviewer: thomas.rowlinson@austintexas.gov. Site Plan SP1. Site plans will be required for any new development other than single- family or duplex residential. SP2. 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 C14-2024-0037 8 restrictive zoning district will be subject to compatibility development regulations. SP3. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. Airport Overlay SP4. The site is located within Austin-Bergstrom Overlay {CCLUA}. 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. SP5. FYI, this site is in the Govalle Neighborhood Plan. Transportation and Public Works (TPW) Department – Engineering Review TPW 1. This site must demonstrate compliance with the approved TIA with SP- 2021-0449C at time of site plan. See attachment D below for a copy of this TIA memo. EXISTING STREET CHARACTERISTICS: Name ASMP Classification Existing ROW Existing Pavement Sidewalks Bicycle Route ASMP Required ROW Capital Metro (within ¼ mile) 72’ Varies 26’ Yes Yes Yes East 5th Street Level 2 and Level 5 (east of the intersection with East Cesar Chavez Street) C14-2024-0037 9 TIA: The traffic impact analysis has been waived. The site must demonstrate compliance with the TIA approved with 5th Street Creative CSW LLC (SP- 2021-0449C). TIA may require update upon further review. See attachment D below for a copy of this TIA memo. Austin Water Utility AW1. No comments on zoning change. FYI: The landowner intends to serve the site with existing City of Austin water utilities. Depending on the development plans submitted, water and or wastewater service extension requests may be required. All water and wastewater construction must be inspected by the City of Austin. For more information pertaining to the Service Extension Request process and submittal requirements contact the Austin Water SER team at ser@austintexas.gov. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: A. Zoning Map B. Aerial Map C. Applicant’s Summary Letter D. TIA memo approved with 5th Street Creative CSW LLC (SP-2021-0449C) ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! LR-MU-CO-NP ( ( ( ( ( ! ! C14-2014-0123 ! ! ( SF-3-NP ( ( ( ( ( ( SP-95-212C ( SF-3-NP ( ! ! ! ! ! ! 98-0057 ! ! ! ! G O ! ! N Z ! ! A L E ! EQUIPT. CO. CS-CO-NP O. Y C L P P U S ( ( ( ( E V L A L E S ( N A M SF-3-NP ( ( ( ( ! ! ! 98-0057 E Q UIP T. S U P P L Y ! ! ! ELEMENTARY SCHOOL P-NP S S ! ! ! T ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! C14-2007-0259 NPA-2008-0016.01 ! ! C14-2017-0140 CS-MU-V-CO-NP P . O M T C R O P ! ! S N A R T ! ! ! ! ! ! ! ! ! ! ! ! L I N G C O . T B O T ! ! LI-CO-NP ! T E E L F T. AIN M ! ! ! E 7 T H S T ! ! ! ! ! CS-CO-NP ! ! ! ! ! ! ! ! ! CS-MU-CO-NP SF-3-NP GR-MU-CO-NP ( NPA-2020-0016.01 CS-MU-V-CO-NP C14-2020-0073 GR-MU-NP ( ( CS-CO-NP 02-0093 C14-02-0093 CS-V-CO-NP NPA-2008-0016.01 C14-2007-0259 2008-0259.001 C14-2007-0259.001 NPA-2008-0016.02 SP97-0139C S A L V A G E O . C ( N Y L D A H S CS-MU-CO-NP USE D SALES VACANT LOT SP-05-1426C AUTOMOTIVE LO-CO-NP C14-01-0101 01-0101 SF-3-NP G LIS S M A N R D CS-CO-NP P-NP LI-NP NPA-2008-0016.01 CS-V-CO-NP C14-2007-0259 G. D L T B N A C A V SP96-0342C CS-CO-NP NPA-2009-0016.02 C14-2009-0083 CS-MU-CO-NP 2009-0083 CS-CO-NP ! ! ! ! ! ! ! LI-CO-NP ! ! ! ! M A C HIN E W R K S. C14-2022-0103 LI-PDA-NP ! ! ! CS-CO-NP ! ! ! ! ! ! N R L E C N E P S SP83-345C EQUIPMENT YARD LI-CO-NP C 7 33 6-0 9 P S ( ( E 5TH ST B A R CS-CO-NP A I R GR-CO-NP P O E H P O R S T U A E CESAR CHAVEZ ST F R E I G H T C O . O. C E C N A N E T AIN M P-NP L U M B E R L M I L G LDIN E W CS-MU-CO-NP S G A MF-2-NP RED BLUFF RD 80-180 SF-3-NP RED BLUFF WATERFRONT OVERLAY COMBINING DISTRICT RR-NP C14-97-0063 SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY P-NP C14-72-204 ± W H S E OXYEN CO. C14-2007-0259 NPA-2008-0016.01 EXP IM P O RT O R ! ! ! ! T CS-V-CO-NP ! ! ! ! ! ! ! ! CS-CO-NP ! ! P-NP ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! !! S S A L G R E FIB Y N A P M O C N T I O O C S U N S C Y U L R P T P E F I C F O C RI T C E L E P. M O C AUTO SUPPLY LI-CO-NP SP-99-2078C V C N A M T D N A R T S GR-CO-NP GR-MU-CO-NP DAIRY PLANT SP-89-93C LI-PDA-NP NPA-2022-0016.02 C14-2022-0121 P-NP 86-290 ZONING ZONING CASE#: C14-2024-0037 CS-MU-CO-NP P M A R R E D N VA E O L B T T S R O P AIR I A R P O R T B L V D P-NP L E V A N D E R L O O P J U LIE A N N A C V SP-00-2002C P M A R B S IR A O T B S N I E T S E U L B D E L E V A N D E R L O O P 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: 3/19/2024 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(L21L20C14-2024-0037C14-2022-0121NPA-2022-0016.02C14-2007-0259NPA-2008-0016.01NPA-2008-0016.02C14-2007-0259.001C14-72-204C14-2007-0259C14-2020-0073C14-2007-0259NPA-2008-0016.01NPA-2020-0016.01C14-02-0093C14-2017-0140NPA-2008-0016.01C14-2007-0259NPA-2008-0016.01C14-2022-0103C14-01-0101C14-2009-0083NPA-2009-0016.02C14-97-0063C14-2014-0123E 7TH STE 5TH STSHADY LNAIRPORT BLVDLEVANDER LOOPE CESAR CHAVEZ STGLISSMAN RDGONZALES STRED BLUFF RDMANSELL AVESPENCER LNJULIEANNA CVSTRANDTMAN CVED BLUESTEIN SB TO AIR SB RAMPAIRPORT SB TO LEVANDER RAMPLEVANDER LOOPP-NPLI-PDA-NPP-NPRR-NPLI-CO-NPP-NPCS-V-CO-NPLI-CO-NPCS-MU-CO-NPGR-MU-NPSF-3-NPP-NPSF-3-NPLI-NPCS-V-CO-NPCS-CO-NPCS-MU-V-CO-NPCS-CO-NPSF-3-NPCS-V-CO-NPCS-MU-V-CO-NPCS-CO-NPCS-CO-NPCS-MU-CO-NPSF-3-NPP-NPP-NPSF-3-NPCS-CO-NPCS-CO-NPGR-MU-CO-NPCS-CO-NPCS-CO-NPLI-PDA-NPCS-MU-CO-NPSF-3-NPGR-MU-CO-NPP-NPLI-CO-NPLI-CO-NPGR-CO-NPCS-MU-CO-NPLO-CO-NPCS-MU-CO-NPGR-CO-NPLR-MU-CO-NPMF-2-NPCS-CO-NP5200 E 5th Street±This product has been produced by the Planning Department for the sole purpose of geographic reference. No warrantyis made by the City of Austin regarding specific accuracy or completeness.CASE#:LOCATION:SUBJECT AREA:GRID:MANAGER:C14-2024-00375200 E 5th St1.333 AcresL21Jonathan TomkoCreated: 4/24/2024SUBJECT TRACTZONING BOUNDARY!!!!!!PENDING CASECREEK BUFFER0200400600800100FeetAmanda Swor Aswor@drennergroup.com 512-807-2904 Ms. Lauren Middleton-Pratt Planning Department City of Austin 1000 East 11th Street Austin, TX 78702 Dear Ms. Middleton-Pratt: March 13, 2024 Via Electronic Delivery Re: 5200 East 5th Street – Rezoning and Neighborhood Plan Amendment applications for the 1.333-acre property located at 5200 East 5th Street, Austin, TX 78702 (the "Property") As representatives of the owners of the Property, we respectfully submit the enclosed rezoning and Neighborhood Plan Amendment (“NPA”) application packages. The project is titled 5200 East 5th Street and is 1.333 acres of land, located on the north side of East 5th Street where East Cesar Chavez Street and East 5th Street intersect with Levander Loop. The Property is in the Full Purpose Jurisdiction of the City of Austin. The Property is currently zoned CS-CO-NP (General Commercial Services – Conditional Overlay – Neighborhood Plan). The requested zoning is from CS-CO-NP to CS-MU-V-DB90-CO-NP (General Commercial Services – Mixed Use – Vertical Mixed Use Building – Density Bonus 90 – Conditional Overlay – Neighborhood Plan). With this rezoning request, the Owner requests to add the DB90 (Density Bonus 90) combining district, that was recently approved by the Austin City Council on February 29, 2024, via Ordinance No. 20240229-073, (the “DB90 Ordinance”). The purpose of this rezoning is to allow for a multifamily residential use above professional office uses on the Property. The DB90 combining zoning district requires residential development to reserve a minimum of 10% of the residential units as affordable for households earning no more that 50% of the area Median Family Income (“MFI”), or 12% of the residential units as affordable for households earning no more that 60% of the area MFI. The Property is currently undeveloped and has an approved site development permit (no. SP-2021-0449C) for an office building. No change is contemplated to the conditional overlay with this rezoning request. The Property is located in the Govalle/Johnston Terrace Combined Neighborhood Planning Area – Govalle Subdistrict and has a Future Land Use Map (“FLUM”) designation of Commercial. An amendment to the FLUM is required with this rezoning request to change the FLUM from Commercial to Mixed Use and is being submitted simultaneously with the rezoning request. The Mixed Use NPA request supports the neighborhood plan’s key principle of Goal 3, to “[e]ncourage mixed use so that residential uses are allowed on some commercial properties.” As well as Imagine Austin’s Land Use and Transportation Policy 7, “[e]ncourage infill and redevelopment opportunities that place residential, work, and retail land uses in proximity to each other to maximize walking, bicycling, and transit opportunities.” A portion of E 5th Street adjacent to the Property is an Imagine Austin corridor. 2705 Bee Caves Road, Suite 100 | Austin, Texas 78746 | 512-807-2900 | www.drennergroup.com March 13, 2024 Page 2 A Traffic Impact Analysis (“TIA”) was approved with the abovementioned site development permit the Property must comply, or an update may be required, per the attached zoning TIA Determination executed by Mustafa Wali, dated March 7, 2024. Please let me know if you or your team members require additional information or have any questions. Thank you for your time and attention to this project. Sincerely, Amanda Swor Joi Harden, Planning Department (via electronic delivery) Maureen Meredith, Planning Department (via electronic delivery) cc: Traffic Impact Analysis (TIA) Determination Worksheet Applicant must complete this worksheet. Project Name: ___________________________________________________________________ Location: _______________________________________________________________________ Applicant: ______________________________________ Telephone No: ___________________ Application Status: Development Assessment Zoning Site Plan EXISTING: Tract Number Tract Acres Bldg. Sq. Ft. Zoning Land Use FOR OFFICE USE ONLY Trip Rate I.T.E. Code Trips Per Day PROPOSED: Tract Number Tract Acres Bldg. Sq. Ft. Zoning Land Use FOR OFFICE USE ONLY Trip Rate I.T.E. Code Trips Per Day ABUTTING ROADWAYS: Street Name Proposed Access? Pavement Width Classification FOR OFFICE USE ONLY FOR OFFICE USE ONLY A traffic impact analysis is required. The consultant preparing the study must meet with a Transportation planner to discuss the scope and requirements of the study before beginning the study. A traffic impact analysis is NOT required. The traffic generated by the proposal does not exceed the thresholds established in the City of Austin Land Development Code. The traffic impact analysis has been waived for the following reason: ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ A neighborhood traffic analysis will be performed by the City for this project. The applicant may have to collect existing traffic counts. See a Transportation planner for information. Reviewed By: _______________________________________________________ Date: ____________________________ Distribution: File Cap. Metro TxDOT DSD Travis Co. ATD Total Copies: _________ NOTE: A TIA Determination must be made prior to submittal of any Zoning or Site Plan application, therefore, this completed and reviewed worksheet MUST ACCOMPANY any subsequent application for the IDENTICAL project. CHANGES to the proposed project will REQUIRE a new TIA Determination. 5200 E 5th Street5200 E 5th Street, Austin, TXAmanda Swor512-807-290411.333 acresUndevelopedCS-CO-NP116 units1.333 acres1Multifamily4,425 SFBusiness Professional OfficeE 5th StreetE 7th StreetYesNoCS-MU-DB90-CO-NPCS-MU-DB90-CO-NP MEMORANDUM Date: To: CC: Reference: February 7, 2023 March 13, 2023 Aditya W Jatar, P.E., (BOE) Danielle Morin (ATD); Maria Cardenas (ATD) 5th St Creative CSW LLC (SP-2021-0449C) Transportation Impact Analysis Final Memo Summary of the Transportation Impact Analysis (TIA): The Austin Transportation Department (ATD) has reviewed the “5TH St Creative Traffic Impact Analysis” dated November 14, 2022 (received April 12, 2022, July 8, 2022, and September 12, 2022) prepared by BOE Consulting Services, LLC (BOE). The proposed development consists of 385 319 mid-rise multifamily dwelling units, and 80,470 square feet of general office. The site is located on the northeast corner of E 5th St and Shady Lane in Austin, Travis County, Texas. Site access will consist of one right-in/right-out driveway on E 5th St, and one full access driveway on E 7th St. The project is anticipated to be constructed by 2024. The proposed site location is shown in Figure 1. Below is a summary of our review findings and recommendations: 1. The applicant shall design and construct the improvements in Table 2 below as part of the first site development application associated with this TIA. Improvements to be built by the applicant should be included with the site plan. No temporary certificate of occupancy (TCO) or certificate of occupancy (CO) shall be issued until the construction of the identified improvements is complete. Note: Cost estimates should not be assumed to represent the maximum dollar value of improvements the applicant may be required to construct. 2. Development of this property should not vary from the approved uses or deviate from the approved intensities and estimated traffic generation assumptions within the finalized TIA document, including land uses, trip generation, trip distribution, traffic controls, driveway locations, and other identified conditions. Any change in the assumptions made to the TIA document shall be reviewed by ATD and may require a new or updated TIA/addendum. 3. Approval of this TIA does not grant nor guarantee approval of proposed driveway locations. Driveway locations must still be reviewed and approved by the appropriate City departments. 4. An electronic copy of the final TIA is required to be provided to ATD prior to the issuance of any site development permit. 5. The findings and recommendations of this TIA memorandum remain valid until five (5) years from the date of the traffic counts in the TIA or the date of this memo, whichever comes first, after which a revised TIA or addendum may be required. 6. Street Impact Fee Ordinances 20201220-061 and 20201210-062 have been adopted by City Council and are effective as of December 21, 2020. The City has started collecting street impact fees with all building permits issued on or after June 22, 2022. For more information, please visit the Street Impact Fee website [austintexas.gov/streetimpactfee]. Page 1 of 5 7. Any building permit(s) associated with this development issued on or after June 22, 2022, will be subject to the Street Impact Fee (SIF) program. TDS staff shall review a SIF Offset Agreement, if requested by the applicant for all eligible improvements as well as an Allocation Agreement to memorialize how offsets are to be applied throughout the development. The SIF will be calculated and invoiced for each building permit and any required SIF payments shall be made prior to building permit issuance. Figure 1- Site Location Assumptions: 1. Driveway access is being proposed on E 5th St and E 7th St, a third driveway along Shady Lane will function as a fire access point. 2. The anticipated buildout year is 2024. 3. An 11.5% trip reduction was granted based on TDM measures proposed by the applicant. 4. Based on TxDOT AADT volume data, a two (2) percent annual growth rate was assumed to account for the increase in background traffic. 5. The following were identified as background projects expected to generate vehicle trips in addition to the general increase in background traffic:  3232 E Cesar Chavez 6. The original TIA and plan for the site was altered to propose 319 385 units to be built instead of the 365 units used to perform the analysis. ATD agrees that this change does not affect the list of required mitigations. Trip Generation and Land Use Based on the Institute of Transportation Engineers (ITE) Trip Generation Manual (11th Edition), the development will generate approximately 2,815 2,500 unadjusted daily vehicles trips at full buildout. Table 1 shows the trip generation for the proposed development. Page 2 of 5 Enter Exit Total Enter Exit Total ITE Code Proposed Land Use Size/Unit 221 710 710 Multifamily Housing (Mid-Rise) General Office General Office 385 319 65,500 14,970 DU SF SF Total Unadjusted Trips Transportation Demand Management (11.5%) Existing Trips Total Adjusted Trips Table 1. Trip Generation 24-Hour Two-Way Volume AM 122 99 14 4 139 117 (16) (13) (8) 116 96 1,790 1,475 803 222 2,815 2,500 (324) (288) (331) 2,160 1882 36 30 102 29 167 161 (19) (19) (29) 119 113 PM 59 49 98 29 186 176 (21) (20) (26) 139 130 150 125 117 34 302 276 (35) (32) (39) 227 205 158 129 116 33 307 278 (35) (32) (37) 235 209 91 76 19 5 116 100 (13) (12) (14) 88 75 Transportation Demand Management (TDM) The applicant has committed to an 11.5% TDM reduction to meet certain vehicle trip reduction targets. In the TDM plan, the applicant identified several measures that could be constructed with the site to achieve the vehicle trip reduction. The applicant identified the following key TDM measures to reach the reduction target:  Pedestrian Access and Connectivity (5%)  Bicycle Access and Connectivity (5%)  Bicycle Parking (0.5%)  Showers and Lockers (0.5%)  Bicycle Repair Station (0.5%) The applicant may choose other relevant TDM measures in coordination with the Austin Transportation Department. Summary of Capacity Analysis Based on the results of the Synchro analysis conducted, Table 2 shows movements which are forecasted to fail with the addition of this site despite modeling proposed improvements. These movements are being identified as ATD takes inventory of the functionality of the surrounding network. Intersection Movement Table 2. Failing LOS movements AM PM LOS Delay (s) V/C LOS Delay (s) V/C 95th % Queue (ft) E 7th St & Levander Loop/Dwy A NBL NBT/R SBL SBR F E F 183.2 0.69 46.3 0.44 106.6 0.34 52 38 24 Cesar Chavez St & Levander Loop NBT/R F 64.0 0.98 260 95th % Queue (ft) 72 82 24 144 442 F F F E F 511.6 1.23 112.9 160.3 46.2 0.77 0.35 0.82 220.8 1.38 Page 3 of 5 Summary of Recommended Improvements Based on the conclusions from this development’s TIA, the following improvements have been identified and committed to by the applicant:  Addition of a westbound left turn lane along E 7th St  Addition of an eastbound left turn lane along E Cesar Chavez St Table 3. Summary of Recommended Improvements Items Eligible for Street Impact Fee Offset Location E 7th St & Levander Loop/Driveway A E Cesar Chavez St & Levander Loop Improvement Construction of a westbound left- turn lane (275' storage, 100' taper) Construction of a westbound left- turn lane (275' storage, 100' taper) Estimated Cost Developer Requirement $ 191,889.00 Construct as part of site plan Construct as part of site plan Cesar Chavez & Shady Lane Airport Blvd & Levander Loop $ 286,339.00 $ 478,228.00 Items Not Eligible for Street Impact Fee Offset Subtotal Signal Timing Optimization $ 5,000 Signal Timing Optimization Subtotal Total $ 5,000 $ 10,000.00 $ 578,228.00 N/A N/A To begin drafting an Offset/Allocation Agreement, or if you have any questions or require additional information, please contact me at 512-974-1449. Nathan Aubert, P.E. Austin Transportation Department Page 4 of 5 EXHIBIT A Summary of Improvements Page 5 of 5