Planning Commission: August 13, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: Crestview/Wooten Combined (Wooten) CASE#: PROJECT NAME: Anderson Square PC DATE: August 13, 2024 NPA-2023-0017.01 DATE FILED: June 16, 2023 June 25, 2024 May 28, 2024 April 9, 2024 February 27, 2024 4 910, 912, 914 & 916, 1012 & 1012 ½, 1100, 1100 ½ & 1102 ½ W. ADDRESS/ES: Anderson Lane; 7905 ½ 8003, & 8005 Anderson Square; 7940, 7950, 8000, 8000 1/2 & 8002 Research Blvd. SVRD SB DISTRICT AREA: SITE AREA: 16 acres OWNER/APPLICANT: Anderson Square Investments, LLC & C2G, LLC AGENT: Alice Glasco Consulting (Alice Glasco) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation PHONE: (512) 974-2695 From: Mixed Use Base District Zoning Change To: High Density Mixed Use Related Zoning Case: C14-2023-0080 From: CS-MU-NP & CS-1-MU-NP NEIGHBORHOOD PLAN ADOPTION DATE: April 1, 2004 CITY COUNCIL DATE: TBD ACTION: To: CH-PDA-NP Planning Commission: August 13, 2024 PLANNING COMMISSION RECOMMENDATION: August 13, 2024 – (action pending) June 25, 2024 – Postponed to August 13, 2024 on the consent agenda at the request of the Neighborhood. [R. Johnson – 1st; F. Maxwell – 2nd] Vote: 8-0 [C. Hempel, A. Azhar, G. Cox J. Mushtaler and A. Haynes absent. May 28, 2024 – Postponed to June 25, 2024 on the consent agenda at the request of Applicant. [F. Maxwell – 1st; A. Woods – 2nd] Vote: 10-0 [G. Cox off the dais. P. Howard and A. Phillips absent]. April 9, 2024 – Postponed to May 28, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 12 -0 [A. Phillips off the dais. G. Anderson recused from Item #7]. February 27, 2024 – Postponed to April 9, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; A. Woods – 2nd] Vote: 11-0 [J. Mushtaler off the dais. F. Maxwell absent]. STAFF RECOMMENDATION: Recommended for the Applicant’s request for High Density Mixed Use land use BASIS FOR STAFF’S RECOMMENDATION: The applicant is proposing a large mixed- use development that could accommodate up to 2400 residential units and approximately 2.4 million square feet of office and retail uses. The property is located at the intersection of US Hwy 183 and North Lamar Blvd. High Density Mixed Use land use is appropriate in this location. 2 Below are sections …
ZONING CHANGE REVIEW SHEET CASE: C14-2023-0080 (Anderson Square) DISTRICT: 4 ADDRESS: 910, 912, 914 & 916, 1012 & 1012 ½, 1100, 1100 ½ & 1102 ½ W. Anderson Lane, 7905 ½ 8003, & 8005 Anderson Square and 7940, 7950, 8000, 8000 1/2 & 8002 Research Boulevard Service Road South Bound ZONING FROM: CS-MU-NP, CS-1-NP TO: CH-PDA-NP SITE AREA: 16.0 acres (696,960 sq. ft.) PROPERTY OWNER: Anderson Square Investments, LLC & C2G, LLC (Jim Cotton and Jimmy Nassour) AGENT: Alice Glasco Consulting (Alice Glasco) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMEDATION: Staff recommends CH-PDA-NP, Commercial Highway-Planned Development Area- Neighborhood Plan Combining District, zoning. As this property is falls within the North Lamar Transit Center station area, the staff recommends adding prohibited and conditional uses from the recently adopted ETOD ordinance to the PDA overlay: 1) Prohibit the following uses on the property: Agricultural Sale and Services, Building Maintenance Services, Campground, Carriage Stable, Convenience Storage, Drop-off Recycling Collection Facility, Electronic Prototype Assembly, Electronic Testing, Equipment Repair Services, Equipment Sales, Exterminating Services, Funeral Services, Marina, Recreational Equipment Maintenance & Storage, Recreational Equipment Sales, Research Assembly Services, Research Testing Services, Research Warehousing Services, Scrap and Salvage, Service Station, Stables, Vehicle Storage, Basic Industry, General Warehousing and Distribution, Recycling Center, Resource Extraction, Animal Production, Crop Production and Indoor Crop Production. 2) Make the following uses conditional uses on the property: Alternative Financial Services, Automotive Sales, Automotive Rentals, Automotive Repair Services, Automotive Washing, Bail Bond Services, Commercial Blood Plasma Center, Commercial Off-Street Parking, Communications Services, Construction Sales and Services, Electric Vehicle Charging, Kennels, Monument Retail Sales, Off-Site Accessory Parking, Pawn Shop Services, Pedicab Storage and Dispatch, Special Use Historic, Custom Manufacturing, Light Manufacturing, Limited Warehousing and Distribution and Horticulture. C14-2023-0080 2 PLANNING COMMISSION ACTION / RECOMMENDATION: February 27, 2024: Postponed to April 9, 2024 at the staff’s request by consent (11-0, F. Maxwell-absent, J. Mushtaler-off the dais); A. Azhar-1st, A. Woods-2nd. April 9, 2024: Approved staff’s request for postponement to May 28, 2024 by consent (12-0, A. Phillips-arrived late); A. Azhar-1st, F. Maxwell-2nd. May 28, 2024: Granted applicant's request for postponement to June 25, 2024 by consent (10-0, P. Howard and A. Phillips-absent, G. Cox-arrived late); F. Maxwell-1st, A. Woods-2nd. June 25, 2024: Approved neighborhood's request for a postponement to August 13, 2024 (7-0, C. Hemple, A. Azhar and A. Haynes-absent, A. Phillips and G. Cox-arrived late); R. Johnson-1st, F. Maxwell-2nd. August 13, 2024 CITY …
Planning Commission: August 13, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: East Cesar Chavez CASE#: PROJECT NAME: Christ Church Planning PC DATE: August 13, 2024 NPA-2023-0002.01 DATE FILED: July 14, 2023 June 25, 2024 June 11, 2024 May 28, 2024 April 23, 2024 March 26, 2024 February 27, 2024 January 23, 2024 December 12, 2023 112 and 206 Medina Street, 1001, 1005, 1010, and 105 San Marcos Street ADDRESS/ES: DISTRICT AREA: 3 SITE AREA: 1.3 acres OWNER/APPLICANT: Christ Church of Central Austin AGENT: Thrower Design, LLC (Victoria Haase and Ron Thrower) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation From: Recreation & Open Space, Single Family and Civic To: Mixed Use Base District Zoning Change Related Zoning Case: C14-2024-0010 (southern tract) From: SF-3-NP Related Zoning Case: C14-2024-0017 (northern tract) To: CS-DB90-CO-NP PHONE: (512) 974-2695 Planning Commission: August 13, 2024 From: SF-3-NP To: CS-MU-V-CO-NP ACTION: NEIGHBORHOOD PLAN ADOPTION DATE: December 14, 2000 CITY COUNCIL DATE: TBD PLANNING COMMISSION RECOMMENDATION: August 13, 2024 – (action pending) June 25, 2024 – Postponed to August 13, 2024 on the consent agenda at the request of the Applicant. [R. Johnson – 1st; F. Maxwell – 2nd] Vote: 7-0 [G. Cox and A. Phillips were off the dais. C. Hempel, A. Azhar, A. Haynes and J. Mushtaler absent]. June 11, 2024 –Postponed to June 25, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 10-0 [J. Mushtaler off the dais. G. Cox and N. Barrera- Ramirez was absent]. April 23, 2024 – Postponed to May 14, 2023 on the consent agenda at the request of staff. [G. Anderson – 1st; A. Woods – 2nd] Vote: 10-0 [G. Cox, J. Mushtaler and A. Phillips off the dais] NOTE: Errant postponement date, so case was renotified for June 11, 2024. March 26, 2024 – Postponed to April 23, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st: F. Maxell – 2nd] Vote: 10-0 [G. Anderson off the dais. P. Howard and A. Phillips absent]. February 13, 2024- Postponed to March 26, 2024 on the consent agenda at the request of the Applicant. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 12-0 [One vacancy on the dais]. December 19, 2023- Postponed to February 13, 2024 on the consent agenda at the request of staff. …
ZONING CHANGE REVIEW SHEET DISTRICT: 3 TO: CS-MU-V-CO-NP (as amended) CASE: Christ Church Planning - NORTH (C14-2024-0017) ADDRESS: 206 Medina Street and 1010 East 2nd Street ZONING FROM: SF-3-NP SITE AREA: approximately 0.45 acres (approximately 19,602 square feet) PROPERTY OWNER: Christ Church of Central Austin AGENT: Thrower Design, LLC (Ron Thrower & Victoria Haase) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff does not recommend granting CS-MU-V-CO-NP. Staff offers the alternative recommendation of LR-MU-V-CO-NP. The CO in staff’s recommendation would prohibit the use of service station. For a summary of the basis of Staff’s recommendation, please see the basis of recommendation section below. PLANNING COMMISSION ACTION / RECOMMENDATION: August 13, 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 subject tract is currently undeveloped land, a gravel parking lot. It is located a block north of East Cesar Chavez Street. To the south is a medium sized church (this parcel is being considered on this same agenda, case C14-2024-0010. While they are adjacent lots they are separated by a roadway and thus must be two separate rezoning cases). To the east and west are single family structures being utilized as residential and to the north are three single family homes being utilized as residential. The tract is approximately 950 feet east of the Downtown Imagine Austin Center and approximately 300 feet south of the Plaza Saltillo Imagine Austin Center. Staff has concerns about this pocket single family neighborhood approximately 7 blocks by 1-2 blocks in area. There are at least five historical zoning cases that have been initiated within 1/3 mile of the subject tract, including a structure constructed in the late 19th century. It is clear the neighborhood is neither downtown to the west, nor the commercial corridor that Cesar Chavez is to the south, nor the TOD that Plaza Saltillo is to the north. It is something different as none of those initiatives or rezonings have made inroads into this C14-2023-0017 2 small area. Granting this rezoning could result in further requests for more intense zoning which could have substantial impacts on this neighborhood of older single-family homes. BASIS OF RECOMMENDATION: Zoning should allow for reasonable use of the property. The alternative recommendation offered, neighborhood commercial-mixed use-vertical mixed use-conditional overlay-neighborhood plan (LR-MU-V-CO-NP) combining district zoning would allow for reasonable use of the …
ZONING CHANGE REVIEW SHEET DISTRICT: 3 TO: CS-MU-DB90-CO-NP CASE: Christ Church Planning - SOUTH (C14-2024-0010) ADDRESS: 112 Medina Street; 105 San Marcos Street; 1001 and 1005 East 2nd Street ZONING FROM: SF-3-NP SITE AREA: approximately 1.33 acres (approximately 57,934 square feet) PROPERTY OWNER: Christ Church of Central Austin AGENT: Thrower Design, LLC (Ron Thrower & Victoria Haase) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff does not recommend granting general commercial services-mixed use-density bonus 90-conditional overlay-neighborhood plan (CS-MU-DB90-CO-NP) combining district zoning. Staff offers the alternative recommendation of neighborhood commercial-mixed use-vertical mixed use-conditional overlay-neighborhood plan (LR- MU-V-CO-NP) combining district zoning. The conditional overlay in staff’s recommendation would prohibit the service station use. For a summary of the basis of Staff’s recommendation, please see the basis of recommendation section below. PLANNING COMMISSION ACTION / RECOMMENDATION: August 13, 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 subject tract is currently a medium sized church of approximately 11,500 square feet on 1.33 acres. It is located a ½ block north of East Cesar Chavez Street. To the south are several retail/office uses mainly run out of single family structures. To the east and west are single family structures being utilized for residential purposes and to the north is undeveloped land also owned by the church and utilized as an unpaved parking lot. (This parcel is being considered on this same agenda, case C14- 2024-0017. While they are adjacent lots they are separated by a roadway and thus must be two separate rezoning cases). The tract is approximately 850 feet east of the Downtown Imagine Austin Center and approximately 500 feet south of the Plaza Saltillo Imagine Austin Center. Staff has concerns about this pocket single C14-2024-0010 2 family neighborhood approximately 7 blocks by 1-2 blocks in area. There are at least five historical zoning cases that have been initiated within 1/3 mile of the subject tract, including a structure constructed in the late 19th century. It is clear the neighborhood is neither downtown to the west, nor the commercial corridor that Cesar Chavez is to the south, nor the TOD that Plaza Saltillo is to the north. It is something different as none of those initiatives or rezonings have made inroads into this small area. Granting this rezoning could result in further requests for more intense zoning …
Planning Commission: August 13, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: Montopolis CASE#: NPA-2023-0005.01 PROJECT NAME: Montopolis-Fairway Mixed Use PC DATE: August 13, 2024 DATE FILED: November 13, 2023 July 23, 2024 July 9, 2024 June 11, 2024 May 28, 2024 April 23, 2024 March 26, 2024 February 27, 2024 January 23, 2024 December 12, 2023 ADDRESS/ES: 1614 Montopolis Drive; 6205, 6211, 6215 Fairway Street DISTRICT AREA: SITE AREA: 1.91 acres OWNER/APPLICANT: 3rd Angle Developments LLC, 1614 Montopolis LLC and Ben 6202, 6204 Caddie Street; 1600, 1604, 1606, 1608, 1610, 1612, and 3 PHONE: (512) 974-2695) S. Cobos AGENT: Thrower Design, LLC (Ron Thrower and Victoria Haase) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation From: Single Family and Civic To: Mixed Use Base District Zoning Change Related Zoning Case: C14-2024-0015 From: SF-3-NP and GR-NP To: CS-DB90-NP Planning Commission: August 13, 2024 ACTION: NEIGHBORHOOD PLAN ADOPTION DATE: September 27, 2001 CITY COUNCIL DATE: TBD PLANNING COMMISSION RECOMMENDATION: August 13, 2024 - (action pending) July 23, 2024 – Postponed to August 13, 2024 on the consent agenda at the request of Applicant. [A. Woods – 1st; R. Johnson – 2nd] Vote: 10-0-1 [C. Hempel absent. J. Mushtaler abstained from the consent agenda vote. G. Anderson abstained from Item #15. R. Johnson recused from Item #20]. July 9, 2024 – Postponed to July 23, 2024 at the request of the Neighborhood. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 7-0 [G. Cox, J. Mushtaler, and N. Barrera-Ramirez noted nay. P. Howard and A. Phillips absent]. June 11, 2024- Postponed to July 9, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 10-0 [J. Mushtaler off the dais. G. Cox and N. Barrera- Ramirez absent]. May 28, 2024 – Postponed to June 11, 2024 on the consent agenda at the request of staff. [F. Maxwell – 1st; A. Woods – 2nd] Vote: 10-0 [P. Howard and A. Phillips absent]. April 23, 2024- Case was renotified for May 28, 2024 due to an error on the postponement date. March 26, 2024- Postponed to April 23, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 10-0 [G. Anderson off the dais. P. Howard and A. Phillips absent]. February 27, 2024 - Postponed to March 26, …
ZONING CHANGE REVIEW SHEET DISTRICT: 3 TO: CS-DB90-NP CASE: C14-2024-0015 - Montopolis-Fairway Mixed Use ZONING FROM: SF-3-NP & GR-NP ADDRESS: 6202, 6204 Caddie Street; 6205, 6211, 6215 Fairway Street; 1600, 1604, 1606, 1608, 1610, 1612, and 1614 Montopolis Drive SITE AREA: 1.92 acres (83,905 sq. ft.) PROPERTY OWNER: 3rd Angle Developments LLC & 1614 Montopolis LLC (Ben S. Cobos) AGENT: Thrower Design, LLC (Ron Thrower & Victoria Haase) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial – density bonus 90 - neighborhood plan (GR-DB90-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: August 13, 2024: July 23, 2024: APPROVED THE APPLICANT’S REQUEST FOR A POSTPONEMENT TO August 13, 2024. [A. WOODS; R. JOHNSON-2ND] (10-0) J. MUSHTALER – ABTAINED, C. HEMPEL AND D. SKIDMORE - ABSENT July 9, 2024: APPROVED THE NEIGHBORHOOD’S REQUEST FOR A POSTPONEMENT TO JULY 23, 2024. [A. AZHAR; F. MAXWELL-2ND] (7-3) C. HEMPLE, P. HOWARD, A. PHILLIPS - ABSENT CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus C14-2024-0015 Page 2 program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted this new rezoning application to request the -DB90 combining district. CASE MANAGER COMMENTS: The property in question is 1.92 acres, undeveloped, has frontage on Montopolis Drive (level 3), Caddies Street (level 1) and Fairway Street (level 1). The site has two zonings associated with it, community commercial-neighborhood plan (GR-NP) and family residences- neighborhood plan (SF_3-NP). The property has townhomes, Austin Youth Development Building and a Dollar Tree (MF-2-NP, P-NP, GR-NP) to the north. There are also business commercial buildings and single family residential (SF-3-NP, GR-NP). To the east are multifamily residential and undeveloped land (ERC). There closest bus stop is on the corner of Caddie Street and Montopolis Drive, right on the property. The site is mostly in the Riverside Station Imagine Austin Corridor, making this an ideal location to add housing. Please refer to Exhibits A (Zoning Map) and B (Aerial View). There was also a Neighborhood Traffic Analysis required for this …
Planning Commission: August 13, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET DATE FILED: January 25, 2024 2700 and 2700 ½ Gracy Farms Lane NEIGHORHOOD PLAN: North Burnet/Gateway CASE#: NPA-2024-0024.01 PROJECT NAME: 2700 Gracy Farms Lane PC DATE: June 11, 2024 ADDRESS/ES: DISTRICT AREA: SITE AREA: 3.07 OWNER/APPLICANT: KREA, LLC AGENT: Drenner Group, PC (Amanda Swor) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation 7 From: Mixed Use Base District Zoning Change To: High Density Mixed Use To: NBG-CMU (Midway Zone)-NP Related Zoning Case: C14-2024-0005 From: NBG-NR-NP NEIGHBORHOOD PLAN ADOPTION DATE: November 2007 CITY COUNCIL DATE: TBD PLANNING COMMISSION RECOMMENDATION: August 13, 2024 - (action pending) ACTION: PHONE: (512) 974-2695 Planning Commission: August 13, 2024 July 23, 2024 – Postponed to August 13, 2024 on the consent agenda at the request of Staff [A. Woods – 1st; R. Johnson- 2nd] Vote: 10-0-1 [C. Hempel and D. Skidmore absent. J. Mushtaler abstained. G. Anderson abstained from Item #15. R. Johnson recused from Item #20]. June 25, 2024 – Postponed to July 23, 2024 on the consent agenda at the request of Staff. [R. Johnson – 1st; F. Maxwell – 2nd] Vote: 8-0 [C. Hempel, A. Azhar, A. Haynes, and J. Mushtaler absent. G. Cox off the dais]. June 11, 2024 – Postponed to June 25, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 11-0 [N. Barrera-Ramirez absent. G. Cox off the dais. G. Anderson recused from Items #12 and #13]. STAFF RECOMMENDATION: To recommended for the Applicant’s request for High Density Mixed Use land use. BASIS FOR STAFF’S RECOMMENDATION: Staff supports the applicant’s request for High Density Mixed Use because it could provide more housing in the planning area and the city. The area has been growing over the years with the Q2 Stadium and the proposed new McKalla Rail Station to be developed approximately two miles south of the subject property. City Council signed resolution 20230504-020 which directed staff to initiate amendments to the North Burnet/Gateway Vision Plan recognizing the area’s growth. Transitioning the property from Mixed Use to High Density Mixed Use is consistent with the development of the area. The applicant proposes will provide approximately 20,000 square feet of activated, ground- floor retail uses with 350 multifamily housing units and 210 hotel rooms. 2 Planning Commission: August 13, 2024 Below are …
ZONING CHANGE REVIEW SHEET CASE: C14-2024-0005 (2700 Gracy Farms) DISTRICT: 7 ADDRESS: 2700 Gracy Farms Lane and 2700 ½ Gracy Farms Lane ZONING FROM: NBG-NR-NP TO: NBG-CMU-Midway(CMU-M)-NP SITE AREA: 3.07 acres PROPERTY OWNER: KREA LLC (Laxmi Mehta, Sr Managing Director/Manager) AGENT: Drenner Group, PC (Amanda Swor) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMEDATION: Staff recommends NBG-CMU-M-NP, North Burnet Gateway- Commercial Mixed Use- Midway Subdistrict-Neighborhood Plan Combining District, zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: June 11, 2024: Approved staff postponement request to June 25, 2024 by consent (10-0, J. Mushtaler-arrived late; G. Cox and N. Barrera-Ramirez-absent); A. Azhar-1st, F. Maxwell-2nd. June 25, 2024: Approved staff’s postponement request to July 23, 2024 by consent (7-0, Commissioner Cox and Commissioner Phillips were off the dais. Chair Hempel, Vice Chair Azhar, and Commissioners Haynes and Mushtaler were absent); R. Johnson-1st, F. Maxwell-2nd. July 23, 2024: Approved staff’s postponement request to August 13, 2024 by consent (12-0, J. Mushtaler-abstain); A. Woods-1st, R. Johnson-2nd. August 13, 2024 CITY COUNCIL ACTION: ORDINANCE NUMBER: C14-2024-0005 ISSUES: 2 There is an associated neighborhood plan amendment case, NPA-2024-0024.01, where the applicant is requesting a FLUM change from Mixed use to High Density Mixed Use land use (please see North Burnet Gateway Neighborhood Plan FLUM – Exhibit D). CASE MANAGER COMMENTS: The site under consideration is a 3.07 acres lot that is currently developed with multifamily use (Studio Domain Apartments). It is within the North Burnet/Gateway Combined Neighborhood Planning Area and is located a block from the northeast corner of Burnet Road and Gracy Farms Lane. The property in question is zoned NBG with a Neighborhood Residential subdistrict designation (NBG-NR). To the north, there is an undeveloped area, transmission lines, a Red Line trail (Braker to Northern Walnut Creek Greenbelt Trail) and a Metro Rail Line that are zoned P-NP. There are other multifamily developments to the south (Radius at the Domain Apartments) and east (Village at Gracy Farms) that are zoned NBG- NR-NP. The lot to the west is developed with a commercial center (Gracy Farms Center) that contains office, retail, personal services and restaurant uses) zoned NBG-NR-NP. The applicant is requesting a rezoning to the NBG with a Commercial Mixed Use-Midway subdistrict designation (CMU-M) to allow for approximately 20,000 square feet of ground- floor retail uses as well as 350 multifamily housing units and 210 hotel rooms (Please see Applicant Request Letter – Exhibit C). The NBG-NR permits …
Planning Commission: August 13, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET DATE FILED: April 18, 2024 NEIGHORHOOD PLAN: North Lamar Combined CASE#: NPA-2024-0026.02.SH PROJECT NAME: 204 East Rundberg Lane PC DATE: August 13, 2024 ADDRESS/ES: DISTRICT AREA: 4 SITE AREA: 6.541 acres OWNER/APPLICANT: 204 E Rundberg Ln Estate of Majid Hemmasi D.B.A. DRFM Investment, David Hemmasi, Trustee of the Luan Duy Nguyen Revocable Management Trust, Luan Duy Nguyen, Trustee of the Doan-Nghiem Thi Nguyen Revocable Management Trust AGENT: Drenner Group, PC (Drew Raffaele) CASE MANAGER: Tyler Tripp STAFF EMAIL: Tyler.Tripp@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation PHONE: (512) 974- 3362 From: Single Family & Neighborhood Mixed Use To: Mixed Use Base District Zoning Change Related Zoning Case: C14-2024-0067.SH From: SF-3-NP & LR-V-NP NEIGHBORHOOD PLAN ADOPTION DATE: June 24, 2010 CITY COUNCIL DATE: TBD PLANNING COMMISSION RECOMMENDATION: August 13, 2024 – (action pending) ACTION: To: GR-MU-V-NP Planning Commission: August 13, 2024 STAFF RECOMMENDATION: To approve the applicant’s request to change the future land use map from Single Family & Neighborhood Mixed Use to Mixed Use. BASIS FOR STAFF’S RECOMMENDATION: This property falls within an Imagine Austin Neighborhood Center and along an Imagine Austin Growth Corridor. These are areas designated for higher density. The property is currently undeveloped. The proposed project includes SMART housing. The property has good transit access and is located near multifamily, civic, commercial, and mixed use developments. Additionally, there is an elementary school adjacent to the property to the North. Below are sections of the North Lamar Combined Neighborhood Plan that support the applicants request: Objective L.1: Preserve the residential character of the neighborhoods in the NLCNPA. Objective L.4: All new mixed use development should contain affordable units. Objective L.5: Increase the housing options and/or homeownership opportunities within the NLCNPA. 2 Planning Commission: August 13, 2024 LAND USE DESCRIPTIONS: EXISTING LAND USE(S): Single Family Detached or two family 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 …
ZONING CHANGE REVIEW SHEET DISTRICT: 4 TO: GR-MU-V-NP CASE: C14-2024-0067.SH (204 East Rundberg Lane) ADDRESS: 204 East Rundberg Lane ZONING FROM: LR-V-NP, SF-3-NP SITE AREA: 6.541 acres PROPERTY OWNER: Estate of Majid Hemmasi D.B.A. DRFM Investment, c/o David Hemmasi, Luan Duy Nguyen, Trustee of the Luan Duy Nguyen Revocable Management Trust, Luan Duy Nguyen, Trustee of the Doan-Nghiem Thi Nguyen Revocable Management Trust APPLICANT/AGENT: Drenner Group, PC (Drew Raffaele) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMEDATION: Staff recommends GR-MU-V-NP, Community Commercial-Mixed Use-Vertical Mixed Use Building-Neighborhood Plan Combining District, zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: August 13, 2024 CITY COUNCIL ACTION: ORDINANCE NUMBER: C14-2024-0067.SH 2 ISSUES: The North Lamar Combined Neighborhood Plan Future Land Use Map (FLUM) calls for this property to be designated as Single Family and Neighborhood Mixed Use. Therefore, there is an associated neighborhood plan amendment case NPA-2024-0026.02.SH in process along with the rezoning case. CASE MANAGER COMMENTS: The property under consideration is a 6.5+ acre undeveloped tract of land fronting onto East Rundberg Lane. To the north there is a public primary school (Guerrero Thompson Elementary School) zoned SF-3-NP. The lots to the east along North Creek Drive are developed with an office use zoned LR-V-NP and single family residences zoned SF-3-NP. To the west, there is a religious assembly use (Austin First Spanish Seventh-Day Adventist Church) and a multifamily use (Northchase Apartments) zoned LR-V-NP, LR-NP and LO- NP respectively. The lots to the south, across E. Rundberg Lane, are zoned LR-MU-V-NP and are developed with retail and office uses. In this case, the applicant is requesting a rezoning to GR-MU-V-NP to create a comprehensive zoning designation across the property to develop a for-rent, multifamily S.M.A.R.T. Housing use (please see Applicant’s Request Letter – Exhibit C and S.M.A.R.T. Housing Program Certification Letter – Exhibit D). The staff recommends the applicant’s request for Community Commercial-Mixed Use- Vertical Mixed Use Building-Neighborhood Plan Combining District, zoning as the property meets the intent of the GR base district as it is accessible from a major traffic way, E. Rundberg Lane. The proposed “MU” and “V” overlay districts will permit the applicant to construct an affordable residential development adjacent to existing commercial and civic services on the property that is within a designated Imagine Austin Center (Lamar & Rundberg). The applicant agrees with the staff’s recommendation. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of …
ZONING CHANGE REVIEW SHEET (215, 622 sq. ft.) ZONING TO: MF-6-NP CASE: C14-2023-0139 - Oak Creek Village - Phase 2 DISTRICT: 3 ZONING FROM: MF-6-CO-NP ADDRESS: 2302 Durwood St and 2324 Wilson St SITE AREA: 4.95 acres PROPERTY OWNER: 2018 Austin OCV, LLC (Rene Campos) AGENT: Armbrust & Brown, PLLC (Michael Whellan) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to grant multifamily residence (highest density) - neighborhood plan (MF-6-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: August 13, 2024: July 9, 2024: APPROVED THE NEIGHBORHOOD’S REQUEST FOR A POSTPONEMENT TO AUGUST 13, 2024. [A. AZHAR; F. MAXWELL-2ND] (7-3) C. HEMPLE, P. HOWARD, A. PHILLIPS - ABSENT June 11, 2024: APPROVED THE NEIGHBORHOOD’S REQUEST FOR A POSTPONEMENT TO JULY 9, 2024. [A. AZHAR; F. MAXWELL-2ND] (10-0) N. BARRERA-RAMIREZ & G.COX – ABSENT; J. MUSHTALER - OFF THE DIAS [F. MAXWELL; A. WOODS-2ND] (10-0) P. HOWARD AND A. PHILLIPS – ABSENT, May 28, 2024: APPROVED THE APPLICANTS REQUEST FOR A POSTPONEMENT TO JUNE 11, 2024. G.COX – ARRIVED LATE April 9, 2024: APPROVED THE APPLICANTS REQUEST FOR A POSTPONEMENT TO MAY 28, 2024. February 13, 2024: APPROVED THE NEIGHBORHOODS REQUEST FOR A POSTPONEMENT TO APRIL 9, 2024. [A. AZHAR; F. MAXWELL-2ND] (12-0) ONE VACANCY ON THE DIAS [A. AZHAR; F. MAXWELL-2ND] (12-0) ONE VACANCY ON THE DIAS C14-2023-0139 2 CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: There are no issues at this time. CASE MANAGER COMMENTS: The property in question is 4.95 acres, developed with multiple multifamily residential buildings, has access to Durwood street (level 1), and is currently zoned multifamily residence (highest density)-conditional overlay-neighborhood plan (MF-6-CO-NP). The property has guidance services and single family residences (MF-3-NP and SF-3-NP) to the north, commercial offices, restaurants, and single family residences (GR-CO-NP, LO-CO- NP, and SF-3-NP) to the south, multifamily residences and single family residences (MF-3- NP and SF-3-NP) to the east, offices, retail and commercial mixed use (CS-MU-V-CO-NP and CS-V-CO-NP) to the west. Please refer to Exhibits A (Zoning Map) and B (Aerial View). Staff is recommending the grant multifamily residence (highest density) - neighborhood plan (MF-6-NP) combined district zoning for the second phase of Oak Creek Village. The applicant is looking to remove the conditional overlay (CO) that is on the first phase which restricts the height to 60 feet and limits the unit count to 486 units. The applicant is requesting 90 feet in height, no …
ZONING CHANGE REVIEW SHEET DISTRICT: 5 TO: LR- NP CASE: C14-2024-0023– 4507 Menchaca Rezoning ADDRESS: 4505, 4507, 4507 ½ Menchaca Road ZONING FROM: LO-NP SITE AREA: 0.67 acres PROPERTY OWNER: JBHR Project 16 LP (Nic Andreani) AGENT: HD Brown Consulting (Amanda C. Brown) CASE MANAGER: Marcelle Boudreaux (512-974-8094, marcelle.boudreaux@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant neighborhood commercial –neighborhood plan (LR-NP) combining district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: August 13, 2024: CITY COUNCIL: ORDINANCE NUMBER: ISSUES: None CASE MANAGER COMMENTS: The subject rezoning area is approximately 0.67 acres and is undeveloped. The rezoning area is situated at the east side of Menchaca Boulevard, approximately 840 feet south of its intersection with Ben White Boulevard. Development along this portion of Menchaca transitions from more intense commercial along Ben White Boulevard southward to more neighborhood and community-based zoning and uses, including Restaurant – Limited, Administrative and Business office and Religious facility uses. To the east is single family residential use, and across Menchaca Road to the west is AISD Joslin Elementary school (LR-V-NP; LO-NP; SF-3-NP). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). C14-2024-0023 Page 2 The site is within the Lamar and Ben White Activity Center, as identified in Imagine Austin comprehensive plan. The activity centers identify locations for additional people and jobs above what currently exists on the ground. Menchaca Road is a level 3 mobility corridor. The site is 0.15 miles to Ben White Boulevard, and is located one parcel away from Cap Metro bus stop with routes 3 (local) and 103 (flyer, with limited stop access to downtown and UT). The Applicant proposes to rezone the property to neighborhood commercial – neighborhood plan (LR- NP) district for a development to include an approximately 670-square foot coffee shop (Restaurant – Limited use) with associated drive through. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. 2. 3. The Neighborhood Commercial (LR) district is intended for neighborhood shopping facilities which provide limited business service and office facilities predominately for the convenience of residents of the neighborhood. The neighborhood plan (NP) district denotes a tract located within the boundaries of an adopted Neighborhood Plan. Zoning should promote clearly-identified community goals, such as creating employment opportunities or providing for affordable housing. This rezoning relates to a small commercial development that would create jobs, at a site located within the …
ZONING CHANGE REVIEW SHEET ZONING TO: CS-MU-V-CO-DB90-NP DISTRICT: 4 CASE: C14-2024-0080 – 5931 Dillard Circle Rezoning ZONING FROM: CS-MU-V-CO-NP ADDRESS: 5931 and 6003 ½ Dillard Circle SITE AREA: 3.08 acres (134,164 sq. ft.) PROPERTY OWNER: Montwalk Holdings LTD AGENT: HD Brown Consulting (Amanda Brown) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to grant general commercial services-mixed use-vertical mixed use building-conditional overlay-density bonus 90-neighborhood plan (CS-MU- V-CO-DB90-NP) combined district zoning. Staff recommends granting the applicant’s modification request to not provide pedestrian-oriented commercial space (to provide 0% of the requirement). The conditional overlay will prohibit the following uses: Agricultural sales and services Automotive sales Campground Commercial off-street parking Drop-off recycling collection facility Equipment sales Kennels Maintenance and service facilities Off-site accessory parking Outdoor sports and recreation Service station General retail sales (general) use and general retail sales (convenience) use for an area that exceeds 20,000 square feet of gross floor area is a prohibited use Drive-in service is prohibited as an accessory use to commercial uses Automotive rentals Automotive washing (of any type) Commercial blood plasma center Convenience storage Equipment repair services Exterminating services Laundry services Monument retail sales Outdoor entertainment Pawn shop services Vehicle storage C14-2023-0080 2 PLANNING COMMISSION ACTION / RECOMMENDATION: August 13, 2024: July 23, 2024: APPROVED THE NEIGHBORHOOD’S REQUEST FOR A POSTPONEMENT TO August 13, 2024. [A. WOODS; R. JOHNSON-2ND] (10-0) J. MUSHTALER – ABTAINED, C. HEMPEL AND D. SKIDMORE - ABSENT CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229- 073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted this new rezoning application to request the -DB90 combining district. CASE MANAGER COMMENTS: The property in question is approximately 3.08 acres, partially developed with some overflow surface parking from the Brewtorium. The site has frontage on Dillard’s Circle (level 1) and is currently zoned general commercial services-mixed use-vertical mixed use building-conditional overlay-neighborhood plan (CS-MU-V-CO-NP). The property has the Brewtorium Brewery & Kitchen, Art/Creative Spaces, and other commercial uses (LI-CO-NP, CS-MU-V-CO-NP, CS-MU-V-CO-ETOD-DBETOD-NP) to the north. There are …
ZONING CHANGE REVIEW SHEET CASE: C14-2024-0075 (9012 Research) DISTRICT: 4 ADDRESS: 9000, 9010, 9012, 9014, 9014 1/2 Research Boulevard ZONING FROM: CS-NP, CS-1-CO-NP TO: MF-6-NP CS-1-MU-V-CO-DB90-NP * The applicant is proposing a conditional overlay (CO) to limit the size of a cocktail lounge or liquor sales use to 10,000 sq. ft. on the property. In addition, as part of this rezoning request the applicant is asking to modify Section 25-2-652(F)(3)(b) of the Land Development Code (the ground-floor commercial requirement), as allowed under Section 25-2- 652(F)(3)(e)(i). SITE AREA: 8.7 acres PROPERTY OWNER: Austin Home Center Associates AGENT: Armbrust & Brown, PLLC (Michael J. Whellan) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMEDATION: Staff recommends CS-1-MU-V-CO-DB90-NP, Commercial-Liquor Sales-Mixed Use- Vertical Mixed Use Building-Conditional Overlay- Density Bonus 90-Neighborhood Plan Combining District, zoning. The proposed conditional overlay will limit the size of a cocktail lounge or liquor sales use to 10,000 sq. ft. on the property. In addition, the staff recommends granting the modification request to not provide ground floor Pedestrian-Oriented Commercial Space (to provide 0% of the requirement). PLANNING COMMISSION ACTION / RECOMMENDATION: August 13, 2024 CITY COUNCIL ACTION: ORDINANCE NUMBER: C14-2024-0075 ISSUES: 2 In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229- 073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted this new rezoning application to request the -DB90 combining district. This site under consideration is within the Wooten portion of the Crestview/Wooten Combined Neighborhood Planning Area. The Future Land Use Map (FLUM) calls for this site to be designated as “Mixed Use”. As the proposed zoning is consistent with this land use designation, an NPA is not required. CASE MANAGER COMMENTS: The property in question is 8.7 acre tract of land located at the southeast corner of Research Boulevard/U.S. Highway-183 Southbound Service Road and Burnet Road that is currently developed with a commercial center with a cocktail lounge use (Emerald Tavern Games and Café), a restaurant (Slab BBQ), medical offices (Foot and Ankle Center, Kapsner Chiropractic), personal improvement services (Dance Austin Studio), personal services (Gabrielle’s Salon) and retail uses (Factory …
ZONING CHANGE REVIEW SHEET DISTRICT: 1 TO: CS-MU-V-DB90-NP CASE: C14-2024-0105 – FM 969 ADDRESS: 6314 & 6400 FM 969 ZONING FROM: CS-MU-V-NP SITE AREA: 9.98 acres PROPERTY OWNER: 6400 FM 969, LLC (Case Lowry) CASE MANAGER: Marcelle Boudreaux (512-974-8094, marcelle.boudreaux@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant general commercial services – mixed use - vertical mixed use building – density bonus 90 - neighborhood plan (CS-MU-V-DB90- NP) combining district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: August 13, 2024: CITY COUNCIL ACTION: September 26, 2024: ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted this new rezoning application to request the -DB90 combining district. Planning Commission Previous Action December 12, 2023: Approved CS-MU-V-NP combining district zoning as staff recommended, by consent. C14-2024-0105 Page 2 [F. MAXWELL; A. AZHAR – 2ND] (11-0) N. BARRERA-RAMIREZ, P. HOWARD – ABSENT November 28, 2023: Approved a Postponement Request by Commission to December 12, 2023, by consent [A. AZHAR; F. MAXWELL – 2ND] (10-0) A. PHILLIPS – OFF DAIS; C. HEMPEL, A. WOODS – ABSENT November 14, 2023: Approved a Postponement Request by Commission to November 28, 2023, by consent [A. AZHAR; F. MAXWELL – 2ND] (12-0) N. BARRERA-RAMIREZ – OFF DAIS City Council Previous Action January 18, 2024: Approved CS-MU-V-NP district zoning as Planning Commission recommended, by consent. VOTE: [Qadri; Ellis – 2nd] (11-0). Prior Rezoning Case C14-2023-0087 Ordinance No. 20240118-079 CASE MANAGER COMMENTS: FM 969 is a level 4 mobility corridor, with dedicated bicycle lanes in both directions, and Cap Metro bus stops directly in front of the site and immediately across the street accessible via a signalized pedestrian crosswalk. This portion of FM 969 is identified as an Imagine Austin Corridor, with growth and new development focused along such corridors per the plan. Approximately ¼-mile away is the intersection of FM 969 and Highway 183 with commercial and civic services. To the north and west of the site are single family residences, and commercial services further west (SF-3-NP; SF-2-NP; CS-MU-CO-NP). …
ZONING CHANGE REVIEW SHEET DISTRICT: 3 CASE: C14-2023-0135 – 1500 & 1600 Royal Crest ZONING FROM: East Riverside Corridor (ERC-Urban Residential Subdistrict) ZONING TO: East Riverside Corridor (ERC-Corridor Mixed Use Subdistrict), and to amend Figure 1-8 (East Riverside Corridor Development Bonus Height Map), to increase the maximum building height up to 160 feet through participation in a density bonus program ADDRESS: 1500 and 1600 Royal Crest Drive SITE AREA: 10.06 acres OWNER / APPLICANT: 1500 Royal Crest LP (Anthony Clarke) AGENT: Drenner Group, PC (Amanda Swor) CASE MANAGER: Nancy Estrada (512-974-7617, nancy.estrada@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant East Riverside Corridor – Corridor Mixed Use Subdistrict (ERC-CMU) district zoning, and to amend Figure 1-8 (East Riverside Corridor Development Bonus Height Map), to increase the maximum building height up to 160 feet through participation in a density bonus program. For a summary of the basis of Staff’s recommendation, please see case manager comments on pages 2 - 3. PLANNING COMMISSION ACTION / RECOMMENDATION: August 13, 2024: July 9, 2024: APPROVED A POSTPONEMENT REQUEST BY THE NEIGHBORHOOD TO AUGUST 13, 2024 [A. AZHAR; F. MAXWELL – 2nd] (10-0) C. HEMPEL, P. HOWARD, A. PHILLIPS – ABSENT June 11, 2024: APPROVED A POSTPONEMENT REQUEST BY THE NEIGHBORHOOD TO JULY 9, 2024 [A. AZHAR; A. WOODS – 2nd] (10-0) J. Mushtaler, – OFF THE DIAS; N. BARRERA-RAMIREZ, G. COX – ABSENT CITY COUNCIL ACTION: ORDINANCE NUMBER: C14-2023-0135 Page 2 ISSUES: The developer will comply with the Tenant Notification and Relocation Assistance requirements in the City of Austin Land Development Code. [LDC 25-1-712]. The applicant held a meeting with the current tenants on May 13, 2024 and provided the following information as proposed Tenant Protection items: • No termination of leases without good cause. • Rental rate + mandatory fees increase by no more than 7.5% per year for a period of 5 years. • 365-day notice of redevelopment provided to tenants. • 180-day notice of demolition. • 90-day move-out notice. • On-site services to help tenants find new housing or other qualified programs. • Ability for tenant to break lease without repercussion once 180-day notice of demolition is • Moving allowance of $3,000 flat payment. • Last three (3) months of rent waived for tenants still in units. • Full refund of security & pet deposits once demo permit is filed. • No unit entry without 48-hour advance notice. • No prevention …