Zoning and Platting CommissionNov. 2, 2021

B-04 (C14-2021-0156 - West Slaughter Lane Residences Two; District 5)_Part1.pdf — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2021-0156 – West Slaughter Lane Residences Two DISTRICT: 5 ZONING FROM: DR; LO-MU-CO; LR-MU-CO TO: GR-MU-V ADDRESS: 1009 and 1013 West Slaughter Lane SITE AREA: 3.147 acres PROPERTY OWNERS: Nathan J. Kosta-Rodriguez; Howard and Cathy Jean Papke AGENT: Alice Glasco Consulting (Alice Glasco) CASE MANAGER: Wendy Rhoades (512-974-7719, wendy.rhoades@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial – mixed use – vertical mixed use building (GR-MU-V) combining district zoning. For a summary of the basis of Staff’s recommendation, see case manager comments on page 2. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: November 2, 2021: CITY COUNCIL ACTION: December 2, 2021: ORDINANCE NUMBER: ISSUES: None at this time. CASE MANAGER COMMENTS: Applicant requests zoning to build 170 apartment units with 10% designated affordable as required with the requested vertical mixed use building (V) zoning. 2,000 square feet of proposed commercial space makes it a mixed use project in the requested community commercial – mixed use – vertical mixed use building (GR-MU-V) combining district zoning. 1009 and 1013 West Slaughter, the rezoning tract (“Tract”) is located on the south side of West Slaughter Lane between Menchaca Road and South 1st Street. The Tract has approximately 170 feet of frontage along West Slaughter Ln. and is its only access. This 1 of 18B-4 C14-2021-0156 Page 2 3.147 acre Tract contains an automotive repair use and a manufactured home, and is otherwise undeveloped. An undeveloped property immediately to the west recently received Council approval for GR-MU-V zoning on First Reading (C14-2021-0117 – West Slaughter Lane Residences) and has the potential to be developed in conjunction with the subject property. An Austin Energy substation and drainageway is located further west. To the east and south is a condominium community developed with two-story detached homes on compact lots. City maps show a creek buffer area running diagonally from northwest to southeast through the Austin Energy site and continuing through the southwest corner of the rezoning Tract. Creek Buffers are unbuildable areas. Existing Zoning The Tract was annexed into the City limits with full jurisdiction in November 1984 (C7A-83- 017) and consists of two rezoning area: The west half of the tract is zoned development reserve (DR) district and the east half is zoned neighborhood commercial – mixed use – conditional overlay and limited office – mixed use – conditional overlay (LO-MU-CO) by a 2006 rezoning case. The Conditional Overlay is for a maximum of 2,000 vehicle trips per day (C14-06-0116). Applicant requests community commercial – mixed use – vertical mixed use building (GR- MU-V) combining district zoning. The adjacent 3.15 acre tract to the west was zoned GR- MU-V on First Reading, and there is an Austin Energy Substation and drainage easement further west zoned P, public. The townhouse and condominium residence – conditional overlay (SF-6-CO) zoned neighborhood is directly east of the rezoning Tract. Please refer to attached Exhibits A and A-1: Zoning Map and Aerial. The land directly across West Slaughter Lane to the north has community commercial (GR) district zoning and is developed with a childcare business fronting and taking access on Chisholm Lane. Next to the childcare center is a detached residence on neighborhood commercial (LR) district zoned land. North of the childcare on Chisholm Lane, there is about 1,000 feet of development reserve (DR) district zoning developed with single family residences on lots that are about an acre in size. Mobility and Connectivity West Slaughter Lane is a Level 4 street (arterial) in Austin’s Strategic Mobility Plan (ASMP) adopted in April 2019. There are 3 travel lanes in each direction with a center median and turn lanes. West Slaughter Lane is designated as a Future Core Transit Corridor from MoPac Expressway to IH-35. There are continuous bike lanes and sidewalks from Menchaca Road to South 1st Street. The Capital Metro #3 and 318 buses provide service to this section of West Slaughter Lane. The CapMetro eastbound bus stop (2976) is located about 100 feet east of the rezoning tract. The westbound stop (2933) is across West Slaughter Lane at the corner of United Kingdom Drive. A morning peak hour trip from stop 2933 to Republic Square Station Downtown is 30 minutes on the #3. 2 of 18B-4 C14-2021-0156 Page 3 Slaughter Lane from IH-35 to MoPac Expressway is also designated as a Future Core Transit Corridor and thus, eligible for the addition of –V zoning. The addition of –V provides an additional development option to a property, however it does not grant: 1) additional height to the base zoning district which is 60 feet in the GR district or 2) additional impervious cover which is limited to 80 percent in the suburban portion of the Slaughter Creek watershed. The addition of –V also does not waive applicable compatibility standards. A building built under vertical mixed use building (V) standards is required to contain a mix of residential and commercial uses, and the result is typically retail, restaurants and offices on the ground floor, and residential units on the upper levels. On the subject property, there is also the opportunity to waive: 1) the front and interior side setbacks, 2) the 1:1 floor-to-area ratio established by GR zoning, and 3) the minimum site area requirement which is the number of dwelling units on a site by requiring a certain amount of square footage for a specific type of multi-family unit (efficiency, one bedroom, two bedroom). A –V building is also eligible for 60 percent of the minimum requirement for off-street parking. Finally, a (V) building has an established affordability level for rental units which is 10 percent of the residential units set aside for households earning no more than 80 percent of the current MFI ($79,100 – dated June 2021), for a period of 40 years. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The proposed community commercial (GR) district is intended for office and commercial uses serving neighborhood and community needs, including both unified shopping centers and individually developed commercial sites, and typically requiring locations accessible from major trafficways. The mixed use (MU) district is intended to allow for office, retail, commercial and residential uses to be combined in a single development. Vertical mixed use building (V) combining district may be applied in combination with any commercial base zoning district and allows for a combination of office, retail, commercial and residential uses within a vertical mixed use building. The Applicant requests community commercial (GR) base zoning for a district that permits buildings up to 60 feet in height and mixed use (MU) which adds the ability to build residential with commercial uses. Applicant proposes to meet the combination of requirements for the V building including commercial uses, residential uses and affordable residential units. 2. The proposed zoning should be consistent with the goals and objectives of the City Council. The City Council adopted Core Transit Corridors and Future Core Transit Corridors in 2006 and adopted the Imagine Austin Comprehensive Plan (IACP) June 15, 2012. The proposed location on West Slaughter Lane is an IACP activity corridor and on a designated Future Core Transit Corridor. The proposed location is where compact development should be located in conjunction with retail, service, entertainment, education and employers. Places where people can walk and bike to accomplish some daily tasks. Activity corridors help to 3 of 18B-4 C14-2021-0156 Page 4 increase the level of physical activity promoting health goals and reducing reliance on fossil- fuel based transportation thereby supporting environmental goals. Staff supports the Applicant’s request since the proposed apartments and retail uses are consistent with uses on the corridor. The proposed development is both mixed-use and compact and adds to the variety of housing choices available in the area. The addition of affordable units consistent with requirements of the vertical mixed use (V) zoning is also a benefit for the area. EXISTING ZONING AND LAND USES: Site ZONING DR; LO-MU-CO; LR-MU-CO North LR-CO; GR; LR; SF- South East West 2 SF-6-CO SF-6-CO DR; P; LO-MU-CO; SF-2; SF-1; RR Automotive repair; Manufactured home; Undeveloped LAND USES Undeveloped; Child care facility; Single family residences Detached single family residences in Searight Village Detached single family residences in Searight Village 2400 sq ft Canopy (TCAD); Undeveloped (approved for GR-MU-V on 1st Rdg); COA drainage channel and electric substation; Single family residences Akins High School TIA: Is not required Paredes Middle School SCENIC ROADWAY: Yes NEIGHBORHOOD PLANNING AREA: Not Applicable WATERSHED: Slaughter – Suburban CAPITOL VIEW CORRIDOR: No SCHOOLS: Casey Elementary School COMMUNITY REGISTRY LIST: 242 – Slaughter Lane Neighborhood Association 511 – Austin Neighborhoods Council 627 – Onion Creek Homeowners Association 742 – Austin Independent School District 1228 – Sierra Club, Austin Regional Group 1424 – Preservation Austin 1531 – South Austin Neighborhood Alliance (SANA) 1550 – Homeless Neighborhood Association 1616 – Neighborhood Empowerment Foundation 1774 – Austin Lost and Found Pets 1775 – Chisholm Lane Homeowners 1363 – SEL Texas 1530 – Friends of Austin Neighborhoods 1794 – Brentwood Villas HOA 4 of 18B-4 C14-2021-0156 Page 5 AREA CASE HISTORIES: NUMBER C14-98-0270 – Uresti Day Care – 9316 Chisholm Ln and 1112 Slaughter Ln REQUEST COMMISSION DR; SF-2 to GR To Grant LO-CO on the Tract 1 (west) and LR-CO on the Tract 2 (east), with conditions C14-99-0063 – Shirell and Lois Hipp Zoning Change – 1303 W Slaughter Ln C14-00-2098 – Blackhawk Apartments – 1200 W Slaughter Ln C14-00-2111 – Solera – 1200 Block of W Slaughter Ln C14-00-2189 – Wattinger Acres – 1218 W Slaughter Ln C14-00-2242 – Swanson’s Crossing Retail – 1216 – 1400 W Slaughter Ln C14-02-0079 – Stone Tract – 9601- 9641 South Chisholm Trl SF-2 to LO To Grant LO-CO, w/conditions SF-1 to MF-1- CO and LR-CO To Grant MF-1-CO and LR-CO, w/conditions DR to MF-3 To Grant MF-2-CO w/conditions DR to W/LO To Grant W/LO-CO w/conditions DR to LR To Grant LR-CO w/conditions I-RR to SF-3 To Grant SF-1-CO w/ max. 28 units and conditions of NTA CITY COUNCIL Apvd LO-CO (Tract 1) and LR-CO (Tract 2) w/CO for 2,000 trips, no vehicle access to Chisholm Ln and prohibit financial services and service station on Tract 2 (7-15-1999). Apvd LO-CO w/ CO prohibiting access to Slaughter Lane (8-19-1999). Apvd MF-1-CO and LR-CO, w/CO for Traffic Impact Analysis; 13.24 u.p.a. (300 units); 15’ vegetative buffer along David Moore Rd; list of prohibited uses (1-25-2001). Apvd MF-2-CO w/CO for 12.18 u.p.a. and conditions of Traffic Impact Analysis (10-26-2000). Apvd W/LO-CO w/CO for 2,000 trips (1-18-2001). Apvd LR-CO w/ CO for 2,000 trips (2-15-2001). Apvd SF-1-CO as Commission recommended, and conditions of Neighborhood Traffic Analysis (1-16-2003). 5 of 18B-4 C14-2021-0156 Page 6 DR to GR-CO To Grant LR-CO SF-2 to LR-CO To Grant LO Apvd LO (4-20-2006). DR to P Apvd P (10-2-2008). SF-2 to LR-CO To Grant LO-CO SF-2 to CS To Grant GO-CO w/ CO for personal services as only GO use, and all NO zoning uses and regulations, 150 trips/day, all parking to be located on-site and conditions of the NTA To Grant P To Grant LR-CO w/CO allowing food sales, general retail sales (convenience and general) and all permitted LO uses w/CO limited to one residential unit SF-2 to LR SF-2 to LO-MU To Grant LO-MU-CO DR to GR-MU- V To Grant Apvd LR-CO w/CO for 2,000 trips and list of prohibited uses (9-26-2002). Apvd LO-CO w/CO for 2,000 trips (7-26-2007). Apvd GO-CO district zoning w/conditions of a Restrictive Covenant as Commission recommended (1-15-2009). Apvd LR-CO as Commission recommended (11-6-2008). Apvd LO-MU-CO as Commission recommended, w/an add’l CO prohibiting vehicular access to S Chisholm Ln (5-10-2018). Apvd on First Reading (10-14-2021). Second / Third Readings scheduled for 11-4- 2021. C14-02-0046 – Wattinger Corner – NW corner of Slaughter Ln and Texas Oaks Dr C14-05-0217 – 1204 W Slaughter Ln C14-2007-0059 – 1206 W Slaughter Ln C14-2008-0052 – TJG – 9609 Swanson’s Ranch Rd C14-2008-0164 – 2.458 acres adjacent to Slaughter Lane Substation C14-2008-0187 – Burr – 1201 West Slaughter Ln C14-2017-0123 – South Chisholm Professional Offices – 1109 W Slaughter Ln C14-2021-0117 – West Slaughter Lane Residences – 1017 W Slaughter Ln 6 of 18B-4 Capital Metro (within ¼ mile) C14-2021-0156 Page 7 RELATED CASES: The property is platted as Lots 3 and 4 of the Resubdivision of Tract C of the Etta Chappell Estate Farm Tract Subdivision, recorded in March 1978 (C8s-77-290). The property was annexed into the City limits in November 1984 (C7A-83-017 A, Ord. 841115-L). On August 31, 2006, Council approved LR-MU-CO (to a depth of 400 feet) and LO-MU-CO for the remainder of Lot 4 (C14-06-0116 – 1017 W Slaughter). The -CO is for a maximum of 2,000 vehicle trips per day. EXISTING STREET CHARACTERISTICS: Name ROW Pavement Classification Sidewalks Bicycle Route Yes Yes Level 4 120 feet 79 feet Bike Lane - Buffered West Slaughter Lane OTHER STAFF COMMENTS: Comprehensive Planning The rezoning case is located on the south side of West Slaughter Lane, on a property that is approximately 3.15 acres in size, which contains an auto repair shop, a manufactured home, and undeveloped land. The property is located outside the boundaries of a small area plan but is located along the Slaughter Lane Activity Corridor and approximately 0.35 linear miles west of the Slaughter Lane Station Neighborhood Center. Surrounding land uses include a children’s day care center and a single-family subdivision to the north; to the south and east is a single-family subdivision; and to the west is an electrical substation. Request: DR, LR-MU-CO, LO-MU-CO to GR-MU-V. The proposed use is mixed use project would include 170 units of multi-family housing and 2,000 square feet of commercial. Ten percent of the units (17 units) will be classified as ‘affordable housing’ under the Vertical Mixed-Use Ordinance. Connectivity There is a public transit stop less than 200 feet from the subject property. Public sidewalks are located on both sides of this portion of West Slaughter Lane. Unprotected bike lanes are located along both sides of this portion of West Slaughter Lane. A large park and a middle school are located less than a half a mile from the subject property. Mobility options are average while connectivity options are fair in this area. 7 of 18B-4 C14-2021-0156 Page 8 Imagine Austin The Imagine Austin Growth Concept Map identifies this section of West Slaughter Lane as an Activity Corridor. Activity Corridors are the connections that link activity centers and other key destinations to one another and allow people to travel throughout the city and region by bicycle, transit, or automobile and characterized by a variety of land uses including commercial, schools, single-family houses, apartments, public buildings, houses of worship, mixed-use buildings, and offices. The following Imagine Austin policies are applicable to this case: • LUT P3. Promote development in compact centers, communities, or along corridors that are connected by roads and transit that are designed to encourage walking and bicycling, and reduce health care, housing and transportation costs. • LUT P10. Direct housing and employment growth to activity centers and corridors, preserving and integrating existing affordable housing where possible. • HN P10. Create complete neighborhoods across Austin that have a mix of housing types and land uses, affordable housing and transportation options, and access to schools, retail, employment, community services, and parks and recreation options. Based upon this proposal being a true mixed-use project that includes an affordable housing component located along Activity Corridor; and good mobility and fair connectivity options in the area; this proposed mixed use project supports the policies of the Imagine Austin Comprehensive Plan. 8 of 18B-4 C14-2021-0156 Page 9 9 of 18B-4 C14-2021-0156 Page 10 Drainage The developer is required to submit a pre- and post-development drainage analysis at the subdivision and site plan stage of the development process. The City’s Land Development Code and Drainage Criteria Manual require that the Applicant demonstrate through engineering analysis that the proposed development will have no identifiable adverse impact on surrounding properties. Environmental The site is not located over the Edwards Aquifer Recharge Zone. The site is in the Slaughter Creek Watershed of the Colorado River Basin, which is classified as a Suburban Watershed by Chapter 25-8 of the City's Land Development Code. The site is in the Desired Development Zone. Under current watershed regulations, development or redevelopment on this site will be subject to the following impervious cover limits: Development Classification % of Gross Site Area % of Gross Site Area Single-Family (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex Multifamily Commercial 50% 55% 60% 80% with Transfers 60% 60% 70% 90% According to floodplain maps there is no floodplain within or adjacent to the project location. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. At this time, site specific information is unavailable regarding vegetation, areas of steep slope, or other environmental features such as bluffs, springs, canyon rimrock, caves, sinkholes, and wetlands. Under current watershed regulations, development or redevelopment requires water quality control with increased capture volume and control of the 2-year storm on site. Impervious Cover Within the Slaughter Creek watershed, the maximum impervious cover allowed by the GR- MU-V zoning district is 80% (90% with transfers), which is based on the more restrictive watershed regulations. 10 of 18B-4 C14-2021-0156 Page 11 PARD – Planning & Design Review Parkland dedication will be required for the new residential units proposed by this development, multifamily with GR-MU-V 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 acquisition and/or park amenities within the surrounding area, per the Parkland Dedication Operating Procedures § 14.3.11 and City Code § 25-1-607 (B)(1) & (2). 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 and Compatibility Standards Site plans will be required for any new development other than single-family or duplex residential. Any development which occurs in an SF-6 or less restrictive zoning district which is located 540-feet or less from property in an SF-5 or more restrictive zoning district will be subject to compatibility development regulations. Any new development is subject to Subchapter E. Design Standards and Mixed Use. This site is located on a Suburban Roadway. Additional comments will be made when the site plan is submitted. ATD Engineering Review 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. A traffic impact analysis shall be required at the time of site plan if triggered per LDC 25-6-113. Austin Water Utility The landowner intends to serve the site with City of Austin water and wastewater utilities. The landowner, at own expense, will be responsible for providing any water and wastewater utility improvements, offsite main extensions, utility relocations and or abandonments required by the land use. The water and wastewater utility plan must be reviewed and approved by Austin Water for compliance with City criteria and suitability for operation and maintenance. 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. 11 of 18B-4 C14-2021-0156 Page 12 The landowner must pay the City inspection fee with the utility construction. The landowner must pay the tap and impact fee once the landowner makes an application for a City of Austin water and wastewater utility tap permit. INDEX OF EXHIBITS AND CORRESPONDENCE TO FOLLOW: A: Zoning Map A-1: Aerial Map Correspondence Received 12 of 18B-4 ( ( ( ( ( ( SF-2-CO C14-2019-0054 ( ( ( ( ( ( ( R D S K A O S A X E T ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( SADDLE HORN CV ( ( ( SF-2 ( ( IRON MUSKET CV ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( P O O L E C N E D N E P E D N I ( ( ( ( ( ( ( DR ( LR-CO ( C14-2014-0164 ( LO-MU-CO ( UNDEV LO-CO LO C14-05-0217C14-01-0170 01-0170 LO-CO ( 98-0270 BEA UT Y\S ALON DAY CARE ELEMENTARY SCHOOL DR C14-00-2189 02-0046 C14-02-0046 LR-CO T E X A S O A K S D R UNDE V LR-CO C14-2015-0106 00-2098 ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( SF-2 ( N L E N Y A M O R ( ( ( SF-4A ( ( R D N O T N I L ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-4A ( ( ( ( ( ( ( ( ( ( ( CALICO DR ( ( ( ( ( ( ( ( ( ( ( ( SF-4A ( ( TENSLEY TRL ( ( ( ( SF-4A ( ( ( ( ( ( EMORY TREE DR R D H S U R B N I P R D P U C N R O C A R D F A E L N E D L O G SF-6 C14-2015-0163 ( SANDHILL BRANCH DR UNDEV R D M O D G N I K D E T I N U ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( T A L L E Y L N SP86-005 DAY CAR E GR 86-016 86-197 ( LR ( ( ( ! ! ! ! ! ! ! ! ! W SLAU GHTER LN ( ( ( ( ( ( ( ( ( SF-4A ( ( ( ( SF-4A ( ( ( ( ( ( ( ( ( SF-4A ( ( ( ( Y W E P K C ( ( ( ( ( P A L A ( ( ( ( ( SF-3 ( ( ( ( Y A R S A B L V D UPH OLSTERY UNDE V ( ( LR-CO C14-2015-0105 LR-CO C14-2008-0187 ( LO-MU-CO C14-2018-0097 C14-2017-0123 SF-2 APARTMENTS 2008-0164 TRACT 1 DRAINAGE\CHANNEL ! C14-2008-0164 UNDEV 87-086 COTTAGE BAN K TRL TRACT 2 UNDEV L O S T B R I D G E L N 8 3 0 - 9 8 P R I V E T D R LR-MU-CO ! 06-0116 ! ! ! ! ! ! ! ! ! C14-06-0116 P DR ROSE BROOK LN APARTMENTS UNDEV 87-043 ELECTRIC SUBSTATION LO-MU-CO TRACT 3 SLEEPY DELL LN MISTY NEST CV C14-01-0106 01-0106 MF-2-CO 94-102 SP-98-0416C ( ( SF-2 ( N L M L O H S I H C ! ! ! ! ! ! ! ! ! ! ! ! ! ( ( DR ( ( ( I R A P E R O T U A ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! C ! O ! L D B E A R C V UNDEV C14-02-0079 02-0079 ! ! ! ! ! TANGLEMEDE ST SF-6-CO T O T I S R D UNDEV I Y A W N A W S T A O B I-RR D N U O R N G O T O N C14-2013-0061 BRINY SHELL WAY ( ( S C H I S H O L M T R L SF-1 ( ( ( ( RR ( SF-1 GREE N HO US E ( 3 2 1 -0 5 4-9 1 C ( ( RR ( ( ( 00-2098 C14-00-2098 MF-1-CO B R U S B N D D A V I D M SF-6 C14-2019-0109 ( O O R E D R ( Y A W R E G A N A T C14-2013-0047 FIREBRANCH TRL T A L L T R E E L N R D A M I L O T MARY MOORE SEARIGHT PARK SF-2 ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING Exhibit A ZONING CASE#: C14-2021-0156 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 Housing and Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or Created: 9/22/2021 13 of 18B-4