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>>> GOOD AFTERNOON. I WILL GO AHEAD AND CALL THIS MEETING OF

[CALL TO ORDER]

[00:00:07]

THE PLANNING AND ZONING COMMISSION TO ORDER. I'LL START

[INVOCATION]

WITH THE PRAYER AND INVOCATION, PLEASE.

>>> GOD, WE COME FIRST I SAY THANK YOU. THANK YOU FOR THIS DAY. WE THANK YOU, GOD, FOR ALL THAT YOU HAVE DONE FOR US. GOD WE PRAY THAT YOU CONTINUE TO BLESS US. WE ASK ESPECIALLY A BLESSING UPON THIS CITY. WE PRAY, GOD, THAT YOU CONTINUE TO PROTECT US FROM COVID-19. OUR FRIENDS AND FAMILY MEMBERS THAT MIGHT HAVE BEEN INFECTED WITH THE DISEASE, WE PRAY, GOD, THAT YOU WILL HEAL THEM. AND GOD, WE PRAY THAT THE MEDICATION THAT'S ON THE HORIZON WILL BE JUST WHAT IS NEEDED TO BRING THIS DISEASE TO AN END. GOD, AS WE APPROACH YOUR SON'S BIRTHDAY, WE PRAY, GOD, THAT WE WILL ALL BE MINDFUL, THE REASON FOR THE IS SEASON. WE ASK FOR A BLESSING FOR THOSE NOT IN A POSITION FROM A MONETARY STANDPOINT TO CELEBRATE THE HOLIDAYS AS THEY WOULD LIKE TO. MAY THEY REMEMBER THE REASON FOR THE SEASON. GOD, WE ASK YOU TO REMEMBER ALL OF OUR LEADERS, THE PRESIDENT, PRESIDENT-ELECT, SENATORS, CONGRESSMEN, GOVERNORS, MAYORS, COUNCIL MEMBERS, COUNTY JUDGES AND ALL OTHERS, EVEN THE ONE'S APPOINTED TO A POSITION, MAY THEY PERFORM THEIR DUTIES IN A WAY THAT WOULD BE PLEASING IN YOUR SIGHT. WE ASK FOR YOUR HOLY SPIRIT TO BE WITH US IN THIS MEETING THAT WE DO THE THINGS THAT ARE PLEASING IN YOUR SIGHTS. THESE BLESSINGS AND ALL OTHERS, WE ASK IN YOUR S'SNAME, AMEN.

>> AMEN. >>> THE PLANNING AND ZONING COMMISSION IS THE FINAL AUTHORITY FOR APPROVAL OF PLATS BUT ACTS ONLY AS A RECOMMENDING BOARD TO THE CITY COUNCIL IN MATTERS OF ZONING. THE DECISIONS OF THIS BOARD MAY BE APPEALED TO THE CITY COUNCIL THROUGH THE OFFICE OF THE CITY SECRETARY NO LATER THAN TEN DAYS FROM THE DATE OF THIS MEETING AND ALL APPEALS MUST BE MADE IN WRITING. THE PUBLIC IS INVITED TO SPEAK ON THE ITEM UNDER DISCUSSION BY THE PLANNING COMMISSION AFTER RECEIVING RECOGNITION BY THE CHAIR. THOSE WISHING TO BE HEARD SHALL APPROACH THE PODIUM, STATE YOUR NAME AND PURPOSE FOR APPEARING. EACH SPEAKER IS EXPECTED TO LIMIT PRESENTATIONS TO NO MORE THAN FIVE MINUTES HOWEVER ADDITIONAL TIME CAN BE GRANTED AT THE DISCRETION OF THE CHAIR.

[MINUTES]

FIRST ITEM IS APPROVAL OF OUR MINUTES FROM OUR NOVEMBER 3RD MEETING. HAVE ALL COMMISSIONERS HAD A CHANCE TO READ THE MINUTES? ARE THERE CORRECTIONS, ADDITIONS OR CHANGES THAT NEED TO BE MADE OR SHALL I ENTERTAIN A MOTION TO APPROVE.

>> SO MOVED. >> MOTION TO APPROVE. DO I HAVE

A SECOND? >> SECOND.

>> SECOND, ALL IN FAVOR SAY AYE. >> AYE.

[PLATS]

>> OPPOSED SAME SIGN? THANK YOU. WE ARE READY FOR PLATS.

>>> WE HAVE MONTEREY PLAT 2620 OUT OF LYTLE SHORES WEST. THIS IS A REPLAT OF SIX DIFFERENT LOTS AND STAFF IS RECOMMENDING APPROVAL WITH

>> ANY QUESTIONS? THANK YOU. >> I'LL OPEN THE PUBLIC HEARING ANYONE CARE TO SPEAK TO THIS PLAT, PLEASE COME FORWARD.

SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING. DISCUSSION FROM THE COMMISSION OR A POSSIBLE MOTION?

>> MOVE TO APPROVE. >> MOTION TO APPROVE. DO I HAVE

A SECOND? >> SECOND.

>> AND SECOND. >> A MOTION TO APPROVE, THE FIRST MR. CLINT ROSENBAUM, THE SECOND MR. BAR ANYTIME.

>> THAT WORKS. MR. BARNETT. >> YES.

[00:05:01]

>> MR. ROSEN -- >> YES.

>>

[3. Z-2020-22]

>> NEXT ITEM IS Z2020-22. A REQUEST FROM MOBILE HOME CONCEPTS LLC TO REZONE PROPERTY FROM A COMBINATION OF MANUFACTURED/MOBILE HOME MH AND GENERAL COMMERCIAL GC TO APLANNED DEVELOPMENT PD DISTRICT ALLOWING OCCUPANCY BY RECREATIONAL VEHICLES, VACATION TRAVEL TRAILERS AND MOBILE AND MANUFACTURED HOMES ON PROPERTY AT 6101 SOUTH 70S STREET IN ABILENE. ALL OF LOT ONE, BLOCK 1 OF REPLAT OF SECTION 1, WESTGLEN EDITION, ABILENE COUNTY, TAYLOR TEXAS.

>> I'M NICK WATTS FROM THE CITY PLANNING STAFF. I'LL BE PRESENTING THIS CASE, Z-2020-22 REZONING THE PROPERTY FROM MOBILE HOME TO PLANNED DEVELOPMENT. LIKE YOU SAID BEFORE, THEY'RE LOOKING TO MAKE IT A PLANNED DEVELOPMENT TO PERMIT LAND USE FOR MOBILE HOMES AND VACATION TRAVEL TRAILERS OTHERWISE KNOWN AT RV'S. THIS SLIDE INDICATES THE SUBJECT PROPERTY, HIGHLIGHTED AND STRIPED. THIS SLIDE INDICATES THE ZONING OF THE SUBJECT PROPERTY AND NEIGHBORING PROPERTIES, A MIX OF DISTRICTS WITH COMMERCIAL TO THE WEST AND RESIDENTIAL TO THE EAST. THERE'S -- THERE TWO SIMILAR PLANNED DEVELOPMENTS WITHIN THE AREA, P.D. 138 TO THE SOUTHWEST IT'S -- HAS A BASED ZONING CLASSIFICATION OF MULTIFAMILY AND PERMITS RVS OR VACATION TRAILERS. ALSO TO THE NORTHWEST, PICTURED IN THIS ZONING MAP, THERE'S P.D. 95, A QUARTER MILE UP THE ROAD IN FRONT OF ARNOLD, APPROXIMATELY -- IT'S A QUARTER MILE BUT IT ALLOWS FOR BOTH MOBILE HOMES AND VACATION TRAVEL TRAILER PARKS AS WELL. THIS SLIDE INDICATES THE PROPERTY IS -- THE MAJORITY OF THE PROPERTY IS IN THE 100-YEAR FLOOD ZONE. THIS IS A BASIC CONCEPT PLAN INDICATING THE LOTS FOR THE MOBILE HOMES AND FOR THE VACATION TRAVEL TRAILERS. THE BLUE LOTS ARE MOBILE HOMES THAT CURRENTLY EXIST ON THE PROPERTY THESE ARE ALL THE PERMIT USES FOR THE MOBILE HOME DISTRICT. AND HERE ARE PHOTOS OF THE SUBJECT PROPERTY AND NEIGHBORING PROPERTIES. WE WANTED TO HIGHLIGHT THE PROPERTIES TO THE EAST WHICH IS THE MEDIUM DENSITY DISTRICT. THE TOP LEFT CORNER, TOP RIGHT-HAND CORNER YOU CAN SEE THE PROXIMITY TO THIS. THIS IS JUST INTERNAL ROADS AND SOUTH 7TH STREET AND A FIELD STATION TO THE EAST, THIS MAP INDICATES THE NOTIFICATION AREA WHERE WE SENT OUT LETTERS OF THE ZONING CHANGE REQUEST TO ALL PROPERTY WITHIN A 200-FOOT BUFFER. WE RECEIVED TWO IN FAVOR AND ONE COMMENT.

THE COMMENT WAS IF THE BUILDER PUTS UP A TALL FENCE FROM THE MEDIUM DENSITY DISTRICT FROM THE EAST.

>> DID YOU SAY IS GOING TO OR WANTS HIM TO.

>> THEY WOULD LIKE FOR HIM TO. >> I FOUND IT CONSIST TENT WITH A COMPREHENSIVE PLAN REVIEWED CODE. STAFF RECOMMENDS APPROVAL WITH CONDITIONS. STAFF FOUND THAT THE -- A GOOD BUFFER BETWEEN THE RESIDENTIAL DISTRICT AND THE NEW MOBILE HOME DISTRICT/VACATION TRAVEL TRAILER PARK WOULD BE TO ALLOW MOBILE HOMES ONLY WITHIN -- TO JUST RESERVE THE EASTERN 200 FEET FOR MANUFACTURED MOBILE HOMES TO PROTECT THE CHARACTER OF THE ADJACENT DISTRICT. AS A SIDE NOTE, IF THIS IS APPROVED, PD168 WOULD BE SUBJECT TO ALL REQUIREMENTS WITHIN THE LAND DEVELOPMENT CODE SECTION 23210, MANUFACTURED/MOBILE HOME DISTRICT REQUIREMENTS AND SECTION 42-11 ANYTHING REGARDING VACATION TRAVEL TRAILER RV

[00:10:04]

PARKS, EXCEPT FOR 42-11.1C, BE APPROVED BEFORE ANY PERMITS ARE GRANTED. ANY QUESTIONS?

>> LET'S GO BACK TO THE SITE MAP. WHERE IS THE 200-FOOT

THE EASTERN INTERNAL STREET. >> OKAY. SO KIND OF DOWN THE MIDDLE OF THAT STREET, TO THE EAST.

>> YES. >> OKAY.

>> ONE OTHER QUESTION. ON THE 100-YEAR FLOODPLAIN, THAT HAS A ONE FOOT ABOVE OR -- OR IS IT -- FOR A BASE FLOOD ELEVATION, IN

THAT AREA, THAT'S RIGHT? >> THAT'S CORRECT.

>> THE BASE OF THE MOBILE HOME WOULD BE TO BE FOOT ABOVE

DOES THAT AFFECT THOSE? >> I'M NOT SURE. WE HAVE TO TALK TO ENGINEERING, ADDRESSED DURING THE SITE PLAN PROCESS, IF ANYTHING

>> ANY OTHER QUESTIONS? THANK YOU, SIR. I WILL OPEN THE PUBLIC HEARING. WOULD ANYONE CARE TO SPEAK TO THIS ITEM? PLEASE COME FORWARD. SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING. DISCUSSION FROM THE COMMISSION OR A POSSIBLE MOTION?

>> SO MOVED. >> OKAY MOTION TO APPROVE. DO I

HAVE A SECOND? >> SECOND.

>> MOTION TO APPROVE AND SECOND. >> MR. BARNETT.

>> YES. >> MR. ROSENBAUM.

>> YES. >> MR. NOONAN.

>> REVEREND LANKFORD. >> YES.

[4. Z-2020-23]

>> AND -- >> MOTION APPROVED.

>> NEXT Z-2020-23, DISCUSSION AND PUBLIC HEARING ON REQUEST FROM EUGENE RICKERT TO REZONE PROPERTY FROM AGRICULTURE OPEN SPACE TO RESIDENTIAL ONE DISTRICT ON ONE ACRE OF LAND LOCATED AT 1949 BELTWAY SOUTH. FM HIGHWAY 707. THE LEGAL DESCRIPTION BEING ONE ACRE OUT OF THE NORTHEAST CORNER OF LUNATIC ASYLUM LANDS, SECTION 23 IN TAYLOR COUNTY TEXAS.

>> GOOD AFTERNOON, I'M JARED SMITH. I'M PRESENTING Z-2020-23, EUGENE RICKERT. THE REQUEST IS TO REZONE FROM AO TO RURAL RESIDENTIAL ZONING. RR-1 THE REASON FOR THE REQUEST IS MR. RICKERT WOULD LIKE TO ADD AN ADDITION TO HIS HOME THAT EXCEEDS 30% OF THE EXISTING FLOOR AREA ON THE TRACT OF LAND AND CODE STIPULATES IN CIRCUMSTANCE SUCH AS THAT WHERE YOU ADD 30% OR MORE OF THE EXISTING FLOOR AREA, YOU'RE REQUIRED TO DO A SUBDIVISION PLOT. SO MR. RICKERT HAS TO DO A SUBDIVISION PLOT PRIOR TO THE ADDITION CONSTRUCTED BUT FIRST HE HAS TO REZONE THE PROPERTY BECAUSE IT DOES NOT MEET THE MINUTE LOT REQUIREMENT, WHICH IS FIVE ACRES. HE OWNS TWO.

THAT'S THE REASON. THE LEGAL DESCRIPTION IS TWO ACRES OUT OF SECTION 23, TAYLOR COUNTY TEXAS CITY STAFF SENT NOTIFICATION TO ALL PROPERTY OWNS WHEN 200 FEET RADIUS. ZERO RESPONSES IN FAVOR OR OPPOSITION. HERE'S THE AERIAL MAP SHOWING THE LOCATION, ALONG BELTWAY SOUTH. CURRENT ZONING MAP SHOWING HIS SUBJECT PROPERTY IS AGRICULTURAL OPEN SPACE. THE MAJORITY OF PROPERTIES IN THE AREA ARE AGRICULTURAL OPEN SPACE. A FEW PHOTOS OF THE NEIGHBORING PROPERTIES, A LOW DENSITY, RESIDENTIAL IN NATURE, CONSISTENT WITH RURAL RESIDENTIAL ZONING AND AO ZONING. OUR NOTIFICATION MAP SHOWING THE 200-FOOT RADIUS AROUND THE SUBJECT PROJECTS, CITY STAFF SENT NOTIFICATION TO ALL PROPERTY OWNERS NOTIFYING THEMED THE REQUEST AND RECEIVED ZERO RESPONSES IN FAVOR, ZERO IN OPPOSITION. CITY STAFF FOUND IT CONSISTENT WITH THE USE PLAN MAP. A CRITERIA FOR APPROVAL IN LAND APPROVAL CODE AND CITY STAFF RECOMMENDS APPROVAL. I'M HAPPY TO ANSWER ANY QUESTIONS.

[00:15:02]

>> IS THIS PROPERTY OUTSIDE CITY LIMITS?

>> IT IS. >> ANY OTHER QUESTIONS, THANK

YOU, SIR. >> THANK YOU.

>> I'LL OPEN THE PUBLIC HEARING ANYONE CARE TO SPEAK TO THIS

ITEM, PLEASE COME FORWARD. >> MY NAME IS KELLY GILL, AND I OWN SEVEN ACRES IMMEDIATELY TO THE NORTH OF THIS PROPERTY, 707 AT 1964 BELTWAY SOUTH. I DON'T HAVE OPPOSITION TO IT. THIS IS ALL -- MINE IS AGRICULTURAL, OPEN, HAS BEEN MANY YEARS.

EAST IS THE SUBDIVISION THAT I SEE NO PROBLEM WITH THAT. I DIDN'T HAVE TIME TO RESPOND IN WRITING BUT I CARE TO SPEAK TO THIS ITEM? SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING. DISCUSSION FROM THE COMMISSION OR A POSSIBLE

MOTION? >> MOVE TO APPROVE.

>> MOTION TO APPROVE. DO WE HAVE A SECOND?

>> SECOND. >> AND SECOND.

>> MR. BAR ANYTIME. >> YES.

>> MR. ROSENBAUM. >> YES.

>> REVEREND LANKFORD. >> AND BRA.

[5. Z-2020-24]

>> MOTION CARRIES. >> NEXT ITEM, A DISCUSSION AND PUBLIC HEARING ON REQUEST FROM DONALD CALLAWAY, JACOB & MARTIN LLC AND THE CITY OF ABILENE TO REZONE APPROXIMATELY 0.6 ACRES OF LAND, 120 FEET WIDE, LOCATED BEHIND THE RESTAURANT BUILDING AT 4801 BUFFALO GAP ROAD FROM AGRICULTURE OPEN SPACE TO NEIGHBOR RETAIL DISTRICT. EASTERN 120 FEET OF LOT 1 IN BLOCK A OF SQUARES RESTAURANT HE HAD ADDITION, ABILENE, TAYLOR

COUNTY, TEXAS. >> JARED SMITH, PLANNIG AND DEVELOPMENT SERVICES. TODAY I'M PRESENTING -- OWNER IS DONALD CALLAWAY. IT REQUEST IS TO REZONE APPROXIMATELY .75 ACRES OF LAND TO RETAIL ZONING. THE REASON IS THE OWNER OF THE PROPERTY WOULD LIKE TO EXPAND HIS EXISTING PARKING LOT. IN ORDER TO DO SO, THE LAND DEVELOPMENT CODE STIPULATES FOR COMMERCIAL USES, PARKING ASSOCIATED WITH THAT HAS TO TAKE PLACE IN A SIMILAR ZONING CLASSIFICATION SO IN A COMMERCIALLY ZONED LOT. AO IS NOT COMMERCIAL AS YOU KNOW. SO HE'S NEEDING TO REZONE FROM AO TO NR TO ALLOW THE EXPANSION TO HIS EXISTING PARKING LOT. THE LEGAL DESCRIPTION FOR THE PROPERTY IS APPROXIMATELY .75 ACRES OUT OF LOT 1, BLOCK A OF THE SQUARES RESTAURANT EDITION AT 4801 BUFFALO GAP ROAD. PLANNING STAFF SENT NOTION TO PROPERTY OWNERS AND RECEIVED ZERO RESPONSES IN FAVOR AND TWO IN OPPOSITION.

>> HERE'S OUR AERIAL MAP SHOWING THE LOCATION OF THE SUBJECT PROPERTY, THE REAR MOST .75 ACRES BEHIND WHAT IS CURRENTLY THE SITE OF AL'S MESQUITE GRILL ON BUFFALO GAP ROAD. CURRENT ZONING MAP SHOWING THAT THE WESTERN MOST 1.25 ACRES IS NR ZONING, EASTERN-MOST .75 IS AO ZONING.

SOME OF YOU MAY BE FAMILIAR WITH THE ZONE CHANGE. IN 2010 WHEN IT WAS CHANGED TO NR ZONING, THE APPLICANT REQUESTED THE CHANGE.

IT WAS DETERMINED THE REAR MOST .75 ACRES WOULD BE A RETENTION POND AND THE PLANNING AND ZONING COMMISSION DECIDE TODAY KEEP IT AO AS A LAND USE BUFFER OF SORTS. AS YOU ARE AWARE OF, THE LAND DEVELOPMENT CODE PROVIDES US WITH GUIDELINES ON HOW TO IMPLEMENT LAND USE BUFFERS. AO ZONING, THE INTENT IS NOT TO BE A IMPROMPTU LAND USE BUFFER, IT'S FOR AGRICULTURAL, FARMING AND RANCH USES. PHOTOGRAPHS OF THE SUBJECT PROPERTY AND NEIGHBORING PROPERTIES. JUST MORE PHOTOS OF SUBJECT PROPERTY I WANT TO BRING YOUR ATTENTION TO THE TOP LEFT HAND PHOTO, THE

[00:20:04]

NEIGHBORING PROPERTY TO THE NORTH, WHICH IS THE SITE OF AN OPTOMETRY OFFICE. THERE'S DIRT WORK THERE. EARLIER THIS YEAR WE APPROVED A SITE PLAN TO ALLOW AN ADDITION TO THE OPTOMETRY OFFICE. THEY EXPANDED THEIR PARKING LOT AS CLOSE AS 29 FEET TO THE RESIDENCES JUST BEHIND THEIR LOT. JUST SO FOR REFERENCE FOR WHAT WE HAVE DONE TO THE NORTH, WE HAVE ALLOWED THEM TO BE AS CLOSE AS 29 FEET FOR THEIR PARKING LOT.

NOTIFICATION MAP SHOWING THE 20 ALL PROPERTY OWNERS WITHIN THIS RADIUS WERE NOTIFIED OF THE ZONE KAGAN REQUEST. TWO RESPONSES WERE SUBMITTED IN OPPOSITION, NOTED HERE.

>> WERE THERE ANY NOTES ON THOSE TWO? COMMENTS?

>> NOT NECESSARILY. I DID RECEIVE AN EMAIL BUT IT SAID WE'RE IN OPPOSITION TO THIS REQUEST. THERE WAS NOTHING

IN-DEPTH. >> THANK YOU.

>> YOU'RE WELCOME. >> CITY STAFF DID FIND THE REQUEST CONSISTENT WITH THE COMPREHENSIVE PLAN AND LAND USE AND DEVELOPMENT -- PURSUANT TO SECTION 1414 OF THE LAND DEVELOPMENT CODE, AND CITY STAFF DOES RECOMMEND APPROVAL. I'LL BE HAPPY TO ANSWER YOUR QUESTIONS AT THIS TIME.

>>> WHERE ARE THE 29 FEET? >> THAT'S A GOOD QUESTION.

>> THAT'S JUST HOW CLOSE THEY WANTED TO BE. THEY COULD HAVE BEEN CLOSER. THERE'S A LAND USE BUFFER REQUIREMENT TO THE NORTH SO NO CLOSER THAN 5 FEET AT THE MOST. WE DIDN'T STIPULATE THEY COULD BE NO CLOSER THAN 29. THAT'S WHAT THEY CHOSE TO BE.

>> SO CHANGING THIS TO NEIGHBORHOOD RETAIL, THERE WOULD BE A LAND USE BUFFER BETWEEN THAT AND THE RESIDENTS.

>> IS THAT CORRECT. AS IT STANDS TODAY THERE'S A LAND USE BUFFER. THEY PLANTED TREES. IT'S MY UNDERSTANDING THAT SOME OF THOSE TREES MAY DISAPPEAR WITH THIS EXPANSION FOR WHICH THEY WILL BE RESPONSIBLE FOR REPLACING TREES TO REESTABLISH

THAT LAND USE BUFFER. >> SO THAT BUFFER HAS TO BE

MAINTAINED. >> IS THAT CORRECT.

>> OKAY. >> ANY OTHER QUESTIONS?

>> THANK YOU, SIR. >> THANK YOU.

>> I'LL OBSERVE THE PUBLIC HEARING. ANYONE CARE TO SPEAK TO THIS ITEM, PLEASE COME FORWARD.

>> GOOD AFTERNOON, AGENT FOR THE PROPERTY OWNER. THIS ZONE REQUEST CHANGE IS TO SUPPORT A SMALL EXPANSION OF THE PARKING LOT EXPANSION TO THE EAST, ADDING ONTO THE STRUCTURE THE RETENTION POND THAT IS BEHIND AL'S WAS TURNED INTO A REGIONAL FACILITY WITH SMALL MODIFICATIONS TO SERVE BOTH SIDES. AS A RESULT THERE WAS A SLIVER OF LAND WE WERE ABLE TO PUT IN, 20 MORE PARKING SPACES IN THAT LOCATION. LIKE JARED SAID WE NEEDED TO REZONE A PORTION OF THE PROPERTY TO BE ABLE TO ACCOMMODATE THAT PARKING. OUR REQUEST IS SIMPLY FOR THE NEIGHBORHOOD RETAIL TO COVER THE PARKING AREA. I UNDERSTAND WHY STAFF IS BRINGING THE WHOLE TRACT TO YOU GUYS.

BUT AGAIN, OUR REQUEST IS JUST SIMPLY -- THE PARKING WE WOULD LIKE TO EXPAND INTO THAT AREA. THE LAND USE BUFFER DOES APPLY AND WILL BE MAINTAINED. I KNOW IT IS A CONCERN OF THE PROPERTY OWNER TO BE A GOOD NEIGHBOR AND MAKE SURE THAT BUFFER STAYS PUT THAT WILL BE DONE. A QUESTION ABOUT WHY 29 FEET IT IS JUST THE WAY IT LAID OUT. THIS PARKING WE'VE -- EXPANSION WOULD BE VERY SIMILAR. IT WILL STILL -- IT WILL BE WELL MORE THAN THE MINIMUM OFF OF THE PROPERTY LINE. IT'S VERY CLOSE TO THE 29 FEET

QUESTIONS. >>

>> YES, SIR. AND WHEN WE MODIFIED THAT TO BE -- TO SERVE BOTH SIDES, ADVANCED EYE CARE AND NOT GOING ANYWHERE. IT HAS TO STAY PUT. SO I DON'T FEEL THERE'S GOING TO BE CONTINUED EXPANSION.

>> DO YOU SEE ANY NEGATIVE TO DOING THE WHOLE THING?

>> I DO NOT. I OCCASIONALLY WILL HEAR THE COMMENT THAT IT COULD INCREASE TAXES AND I HAVE GONE AROUND AND AROUND WITH THAT STATEMENT. I'M NOT SURE IF THAT'S TRUE OR NOT. BUT I HAVE

[00:25:02]

HEARD THAT CONCERN EXPRESSED ABOUT REZONING THE PROPERTY. IT IS -- WOULD BE --

WILL BE THE ONLY REASON -- >> BUT THE OWNER DOESN'T HAVE

ANY OBJECTION? >> ANYBODY HAVE QUESTIONS?

THANK YOU SIR. >> ANYONE ELSE CARE TO SPEAK TO

THIS ITEM, PLEASE COME FORWARD. >> SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING. DISCUSSION FROM THE COMMISSION? OR POSSIBLE MOTION? I DON'T THINK THAT -- IF WE DIDN'T DO IT ALL AT ONE TIME, I MEAN IT DOESN'T SEEM LIKE ENOUGH PROPERTY TO COME BACK AND PIECEMEAL IT SO -- I MEAN I DON'T SEE WHERE IT WOULD BE A TREMENDOUS BURDEN, JUST DOING IT ONE TIME. I WAS HOPING WE COULD HEAR FROM MAYBE SOME OF THE COMMENTS THAT SAID THEY WEREN'T IN FAVOR BUT WE DIDN'T HEAR FROM THEM.

>> THIS IS --

>> I'LL MOVE TO APPROVE. >> MOTION TO APPROVE. DO I HAVE

A SECOND? >> SECOND.

>> MOTION TO APPROVE AND A SECOND.

>> MR. BARNETT. >> YES.

>> MR. CLINT ROSENBAUM. >> YES.

>> BUILD BILL NOONAN. >> REVEREND LANKFORD.

>> YES. >> MISS --

>> YES, NEXT ITEM, Z-2020-25. REPORT AND HOLD A DISCUSSION OF

[6. Z-2020-25]

PUBLIC HEARING ON A REQUEST FROM KPLB LLC TO REZONE PROPERTY FROM RESIDENTIAL SINGLE FAMILY PATIO HOME PH TO RESIDENTIAL MEDIUM DENSITY MD DISTRICT ON 5.85 ACRES OF NOW VACANT LAND AT 1826 COLONY HILL ROAD IN SOUTHEASTERN ABILENE. LEGAL DESCRIPTION BEING 5.85 ACRES OUT OF THE SOUTHWEST CORNER OF LUNATIC ASYLUM LANDS SECTION 8 IN ABILENE, TAYLOR COUNTY,

TEXAS. >> GOOD AFTERNOON, SHERYL SAUCE, PLANNING SERVICES DIVISION MANAGER. THIS MAY LOOK FAMILIAR TO YOU FROM FEBRUARY EARLIER THIS YEAR, THE REQUEST IS FROM -- ZONING BACK TO THE PREVIOUS ZONING OF THE MEDIUM DENSITY YOU HEARD BEFORE IN FEBRUARY. HOWEVER, SINCE THE APPROVAL OF PLAN AND SUBDIVISION PLAN WAS NEVER PROVIDED TO THE PLANNING STAFF TO REVIEW AND THE APPLICANT HAS HAD RENEWED DESIRE TO DEVELOP THE PROPERTY NO MD ZONING STANDARDS. IT IS THE OPINION OF THE STAFF THAT THE INTENDED DEVELOPMENT OF THIS VACANT TRACT OF LAND IS APPROPRIATE FOR THE AREA AND SIZE OF LAND. YOU CAN SEE THE LOCATION MAP SHOWING THE TRACT OF LAND NORTH OF WYLIE EAST ELEMENTARY SCHOOL OFF COLL KNOW HOME ROAD. WHEN THE FUTURE LAND USE AND DEVELOPMENT PLAN MAP WAS DEVELOPED IN 2004, THE SUBJECT PROPERTY HAD NOT BEEN ANNEXED TO THE CITY LIMITS AND FUTURE LAND USE AND DEVELOPMENT PLAN PROVIDES NO REAL GUIDANCE IN REGARDING THE ZONING OF THE SUBJECT PROPERTY. HOWEVER THE CITY'S THOROUGHFARE PLAN, AS YOU CAN SEE HERE, IDENTIFIES BOTH COLONY HILL ROAD AND MAPLE STREET TO BE FUTURE OR A MATERIAL STREETS AND IT'S IDENTIFIED AS ARTERIAL AND INTENDED TO CARRY MAJOR TRAFFIC IN AREAS OF THE CITY. THE PROPOSED MD ZONING OF THE PROPERTY MAY OFFER AN EFFECTIVE TRANSITION TO THE INTENSITY OF THE -- TRANSITION INTO THE INTENSITY OF URBAN USE AND CARRYING CAPACITY CHARACTER RISKS OF ARTERIAL STREETS BY SEPARATING RETAIL DEVELOPMENT TO THE WEST AND LOWER RESIDENTIAL TO THE EAST. THESE ARE PHOTOS OF THE SUBJECT PROPERTY. YOU CAN SEE THE PHOTO DEPICTS WHERE THE WYLIE EAST ELEMENTARY SCHOOL IS AND THEN THE CARRIAGE HI HASA FEW HOMES IN IT. STAFF SENT NOTIFICATION TO THE PROPERTY OWNERS WITHIN 200-FOOT RADIUS OF THE PROPERTY AND RECEIVED ZERO IN FAVOR AND ZERO IN OPPOSITION STAFF REVIEWED THIS REQUEST PURSUANT TO SECTION 1.4.1.4 OF THE LAND DEVELOPMENT CODE ANDER RECOMMENDING APPROVAL. I'LL BE HAPPY TO ANSWER ANY QUESTIONS AT THIS TIME.

>> THANK YOU VERY MUCH. >> I'LL OPEN THE PUBLIC HEARING

[00:30:03]

ANYONE CARE TO SPEAK TO THIS ITEM, PLEASE COME FORWARD.

>> JACOB & MARTIN LLC, AGENT FOR THE PROPERTY OWNER. WE'RE BACK HERE TEN MONTHS LATER, UNCONVENTIONAL IS THE WORD I WOULD USE, REZONING PROPERTIES TWICE IN THE SAME YEAR. THE OWNER WISHED TO CONVEY HIS APOLOGIES FOR PERIODS OF INDECISION BUT THINGS HAPPEN AND HE WANTS TO GO BACK TO WHAT THE ORIGINAL ZONING CLASSIFICATION WAS AND I'M HERE TO ANSWER ANY QUESTIONS YOU HAVE. WE BELIEVE THE LAND USE IS APPROPRIATE AS

IT WAS A YEAR AGO. >> QUESTIONS?

>> THANK YOU, SIR. >> THANK YOU.

>> ANYONE ELSE CARE TO SPEAK TO THIS ITEM, PLEASE COME FORWARD.

>> SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING. DISCUSSION FROM THE COMMISSION OR POSSIBLE MOTION?

>> SO MOVED. >> AND DO I HAVE A SECOND?

>> SECOND. >> MOTION AND A SECOND.

>> MR. BARNETT? >> YES.

>> MR. CLINT ROSENBAUM. >> YES.

>> BUILD BILL NOONAN. >> YES.

>> REVEREND LANKFORD. >> YES.

>> THE MOTION TO APPROVE CARRIES.

[7. Z-2020-26]

>> NEXT ITEM, Z-2020-26. DISCUSSION AND PUBLIC HEARING ON A REQUEST FROM ABILENE CHRISTIAN UNIVERSITY. AGENT -- TO REZONE 13.05 ACRES OCCUPIED SINCE 195 BY TAYLOR ELEMENTARY SCHOOL AT 916 EAST NORTH 13TH STREET FROM RESIDENTIAL MEDIUM DENSITY MD TO A COLLEGE UNIVERSITY CU DISTRICT. LEGAL DESCRIPTION BEING 13.05 ACRES OUT OF THE SOUTHWEST CORNER OF BLIND ASYLUM LANDS SECTION 33 IN ABILENE, TAYLOR COUNTY, TEXAS. FOR THE RECORD, COMMISSIONER NOONAN WILL RECUSE HIMSELF FROM THIS ONE.

>> THANK YOU, MR. CHAIRMAN. MY NAME IS BRAD ZONE, A PLANNER ON THE STAFF AT THE CITY OF ABILENE. THIS REQUESTED ZONE CHANGE COMES FROM ABILENE CHRISTIAN UNIVERSITY AND CONCERNS AN APPROXIMATELY 13-ACRE TRACT WHICH HAS LONG BEEN IN A RESIDENTIAL ZONE DISTRICT AND THE SITE OF TAYLOR ELEMENTARY SCHOOL. ON THIS SLIDE, THE SUBJECT PROPERTY IS HIGHLIGHTED BY THE YELLOW STRIPING AND THE CENTER OF THE AERIAL PHOTO. IT IS OR DOES INCLUDE AS YOU SAID 13 PLUS ACRES OF LAND. SINCE THE 1950'S THIS HAS BEEN THE SITE OF TAYLOR ELEMENTARY SCHOOL. AFTER THIS MONTH, AFTER DECEMBER, TAYLOR ELEMENTARY SCHOOL WILL RELOCATE TO A NEW CAMPUS ON EAST NORTH TENTH STREET. ABILENE CHRISTIAN UNIVERSITY IS COMMITTED TO PURCHASE THE SOON-TO-BE VACANT SCHOOL SITE. THE 13 ACRES ARE AFTER ALL LOCATED DIRECTLY ACROSS EAST NORTH 16TH STREET FROM THE UNIVERSITY'S MAIN CAMPUS. THIS AERIAL PHOTO, YOU CAN SEE SOME OF THE UNIVERSITY BUILDINGS AT THE VERY TOP OF THE PHOTO. AGAIN, ON THE OPPOSITE OR NORTH SIDE OF EAST NORTH 16TH STREET. FOR AT LEAST THE PAST 15 YEARS ABILENE CHRISTIAN UNIVERSITY LEASED THE NORTH HALF OF THESE 13 ACRES FOR USE AS PAID PARKING AND FOR INTERMURAL ATHLETIC FIELDS. TAYLOR ELEMENTARY SCHOOL IS SORT OF FOCUSED ON THE SOUTH HALF OF THIS SITE. THIS SLIDE SHOWS EXISTING ZONING OF THE SUBJECT PROPERTY AND ITS SURROUNDINGS. THE YELLOW COLORING INDICATES RESIDENTIAL ZONING OF THE SUBJECT PROPERTY AS WELL AS RESIDENTIAL NEIGHBORHOODS TO THE WEST AND SOUTH. THE SALMON COLORING OR PINK SHADING INDICATES GENERAL RETAIL ZONING TO THE EAST AND ON THE OPPOSITE SIDE OF NORTH JUDGE ELY BOULEVARD. THE BLUE COLORING INDICATES EXISTING COLLEGE UNIVERSITY ZONING, INCLUDING ALL OF ABILENE CHRISTIAN UNIVERSITY'S MAIN CAMPUS TO THE NORTH, AGAIN ON THE OPPOSITE SIDE OF EAST NORTH 16 16TH STREET. ABILENE CHRISTIAN UNIVERSITY NOW SEEKS TO HAVE ALL 13 PLUS ACRES OF WHAT WILL SOON BE THE FORMER SITE OF TAYLOR ELEMENTARY SCHOOL REZONED TO THE COLLEGE UNIVERSITY ZONING CLASSIFICATION. WITH THEIR APPLICATION FOR ZONING CHANGE,

[00:35:01]

THE UNIVERSITY INDICATED THEY PLAN TO USE THIS PROPERTY FOR -- AND I QUOTE -- ACADEMIC AND RESEARCH OFFICES, CLASSROOMS, LABORATORIES AND OTHER ADMINISTRATIVE USES. ON THIS VERY SAME SLIDE, I WOULD LIKE TO POINT OUT THAT NORTH JUDGE ELY BOULEVARD ON THE EAST SIDE OF THIS SITE IS A FULLY -- EXCUSE ME, A FULLY IMPROVED ARTERIAL STREET, SUGGESTED BY THE RED STRIPING IN THE CENTER OF NORTH JUDGE ELY BOULEVARD. EAST NORTH 16TH STREET ON THE NORTH SIDE OF THE CITED IS A FULLY IMPROVED COLLECTORS STREET AND THAT'S SUGGESTED BY THE GREEN STRIPING BOTH ARTERIAL AND COLLECTOR TYPE STREETS ARE CONSIDERED HIGHER ORDER CLASSIFICATION OF STREETS INTENDED TO CARRY RELATIVELY HIGH VOLUMES OF VEHICLE TRAFFIC ON THIS SLIDE, WE HAVE SOME PHOTOS OF THE SUBJECT PROPERTY IN. IN THE TOP LEFT IS A SLIDE LOOKING DIRECTLY WEST ALONG EAST NORTH 13TH STREET FROM THE OTHER SIDE OF NORTH JUDGE ELY BOULEVARD. TAYLOR ELEMENTARY SCHOOL HERE IS IN THE RIGHT MIDDLE GROUND OF THIS PHOTO.

THE UPPER RIGHT, WE'RE LOOKING STRAIGHT SOUTH ALONG ABILENE F WITH THE TAYLOR ELEMENTARY SCHOOL SITE ON THE LEFT SIDE OF THE PHOTO AND SOME RESIDENCES ON THE RIGHT SIDE.

>> THE OTHER LEFT PHOTO IS EAST NORTH 16TH STREET WITH THE MAIN CAMPUS TO THE LEFT OR NORTH. TO THE RIGHT YOU CAN SEE THE PAVED PARKING AREA WHICH THEY HAVE LONG LEASED FROM THE ABILENE INDEPENDENT SCHOOL DISTRICT. IN THE NORTHERN HALF OF THE SUBJECT PROPERTY. BOTTOM RIGHT PHOTO SHOWS THE PAVED PARKING AREA FOR TAYLOR ELEMENTARY SCHOOL WHICH, AS YOU CAN SEE, IS STILL IN SESSION AT LEAST THROUGH THE END OF THIS MONTH. THEY WON'T MOVE TO THE NEW CAMPUS UNTIL THE NEW SEMESTER STARTS IN JANUARY. AS THE NAME IMPLIES, COLLEGE UNIVERSITY ZONING DISTRICTS ARE INTENDED FOR USE AND OCCUPANCY BY COLLEGES AND UNIVERSITIES. WITHIN COLLEGE UNIVERSITIES DISTRICTS ARE ALLOWED A WIDE VARIETY OF EDUCATIONAL, RESIDENTIAL AND SUPPORT SERVICE FACILITIES COMMENSURATE WITH THE NEEDS OF THESE INSTITUTIONS. CITY STAFF NOTIFIED OWNERS OF 36 PROPERTIES LOCATED WITHIN 200 FEET OF THIS SUBJECT PROPERTY ABOUT THIS REQUESTED CHANGE FOR -- OR COLLEGE UNIVERSITY ZONING. 13 OF THOSE 36 PROPERTIES ARE OWNED BY ABILENE CHRISTIAN UNIVERSITY AND THEY ALL RESPONDED IN FAVOR.

THAT'S ALMOST ALL OF THE GREEN DOTS ON THIS MAP. ONE ADDITIONAL OWNER OF NEARBY PROPERTY ALSO RESPONDED IN FAVOR, AND ONE NEARBY PROPERTY ON THE SOUTH SIDE OF EAST NORTH 13TH STREET DID RESPOND IN OPPOSITION.

>> WERE THERE ANY NOTES ON THIS ONE, ANY COMMENTS?

>> NO, THEY SIMPLY INDICATED THEY WERE OPPOSED.

>> THANK YOU. >> TWO SIDES OF THIS 13-ACRE SIDE NOW OCCUPIED BY TAYLOR ELEMENTARY SCHOOL ARE BOARDED BY THE RESIDENTIAL NEIGHBORHOOD. YOU SAW THAT ON THE ZONING MAP AND THE AERIAL PHOTO. THIS IS A COMMON FEATURE OF EXISTING COLLEGE UNIVERSITY DISTRICTS EMBRACING ALL OF ABILENE'S THREE UNIVERSITIES. ALL OF THEM ARE IN COLLEGE UNIVERSITY DISTRICTS AND ALL HAVE A LOT OF EXPOSURE TO ADJACENT, NEARBY RESIDENTIAL NEIGHBORS. THE COLLEGE UNIVERSITY ZONING CLASSIFICATION HAS NOT BEEN VIEWED NOR PROVEN TO BE INCOMPATIBLE WITH NEARBY RESIDENCES, CITY STAFF RECOMMENDS I APPROVING THE REQUESTED ZONE CHANGE TO A COLLEGE UNIVERSITY DISTRICT BASISSED ON THE EXTENT TO WHICH COLLEGE UNIVERSITY ZONING ROUTINELY ADJOINS RESIDENTIAL NEIGHBORHOODS ELSEWHERE IN ABILENE. ADDED TO THAT IS THE FACT THAT TWO OF THE STREETS ADJOINING THIS SITE ARE INDEED HIGHER ORDER STREETS CAPABLE OF CARRYING HIGHER TRAFFIC VOLUMES GENERATED BY POTENTIALLY MORE

[00:40:02]

INTENSIVE USE OF THIS SUBJECT PROPERTY. AGAIN, CITY STAFF RECOMMENDS APPROVING THIS REQUEST. I WOULD BE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE ON THIS MATTER.

>> ANY QUESTIONS? >> THANK YOU, SIR.

>> THANK YOU. >> I'LL OPEN THE PUBLIC HEARING, ANYONE CARE TO SPEAK THIS ITEM, PLEASE COME FORWARD.

>> HI THERE. I'M KENDRICK WITH. >> S PLANNING TO DEVELOP FOR SCIENCE, ENGINEERING AND THEATER CLASSES AND THEY'RE INTENDING TO KEEP TAYLOR ELEMENTARY BUT I'LL BE HAPPY TO ANSWER ANY QUESTIONS.

>> ANY QUESTIONS? >> THANK YOU, MA'AM. ANYONE ELSE CARE TO SPEAK TO THIS ITEM, PLEASE COME FORWARD.

>> SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING. DISCUSSION FROM THE COMMISSION? OR A POSSIBLE MOTION.

>> MOVE TO APPROVE. >> MOTION TO APPROVE. DO I HAVE

A SECOND? >> SECOND.

>> AND A SECOND. >> MR. BARNETT.

>> YES. >> MR. ROSENBAUM.

>> YES. >> REVEREND LANKFORD.

>> YES. >> MR. BRAMBLE.

>> YES. >> MOTION CARRIES.

>> NEXT ITEM ON THE AGENDA -- TEACH ME TO STICK TO MY JOB. TC

[8. TC-2020-07]

TWENTY-07. DISCUSSION AND PUBLIC HEARING ON A REQUEST FROM

ABILENE CHRISTIAN UNIVERSITY. >> WITHIN A 0-POINT -- UNPAID LAND INITIALLY DEDICATED FOR WHAT IS NOW KNOWN AS NORTH JUDGE ELY BOULEVARD AND LOCATED NORTHEAST OF THE ORIGINAL CAMPUS OF TAYLOR ELEMENTARY AT 916 EAST NORTH 13TH STREET IN NORTHEAST

ABILENE. >> THANK YOU, MR. CHAIRMAN. MY NAME IS BRAD STONE, I'M A PLANNER ON THE STAFF HERE. I'LL BE PRESENTING THIS CASE TODAY. THIS REQUEST IS TO FORMALLY AND OFFICIALLY ABANDONED A TRIANGULAR SHAPED PARCELL OF UNPAVED RIGHT OF WAY INITIALLY DEDICATED FOR NORTH JUDGE ELY BOULEVARD BUT WHICH IS NOT BEEN USED AS SUCH FOR MORE THAN 20 YEARS. UNTIL THE 1990'S, NORTH JUDGE ELY BOULEVARD PROJECTED STRAIGHT NORTH FROM NORTH FIRST STREET ALL THE WAY TO INTERSTATE HIGHWAY 20. DURING THE 1990 NORTH JUDGE ELY BOULEVARD WAS RELOCATED EASTWARD TO ALLOW ENLARGEMENT OF THE ABILENE CHRISTIAN UNIVERSITY WITHOUT HAVING A MAJOR ARTERIAL STREET PROJECTED THROUGH THE CENTER OF CAMPUS. ALMOST ALL THE NOW OBSOLETE SEGMENTS OF NORTH JUDGE ELY BOULEVARD ORIGINAL RIGHT OF WAY WERE SUBSEQUENTLY ABANDONED AND RELINKED WISHED TO ABILENE CHRISTIAN UNIVERSITY WHO OWNS AND STILL OWNS THE ADJOINING PROPERTIES. ONE REMAINING SEGMENT OF THAT NOW OBSOLETE RIGHT OF WAY IS THE SUBJECT OF TODAY'S REQUEST. THIS ACREAGE LIES ADJACENT SO THE SOON-TO-BE FORMER SITE OF TAYLOR ELEMENTARY SCHOOL. THE ABILENE INDEPENDENT SCHOOL DISTRICT NEVER CHRISTIAN UNIVERSITY IS NOW COMMITTED TO PURCHASE THE 13-ACRE SITE OF TAYLOR ELEMENTARY SCHOOL'S ORIGINAL CAMPUS. AS A RESULT, THE UNIVERSITY WILL BECOME THE SOLE OWNER OF LAND ADJACENT TO THE REMAINING SEGMENT OF NORTH JUDGE ELY BOULEVARD'S ORIGINAL, NOW OBSOLETE RIGHT AWAY. ABILENE CHRISTIAN UNIVERSITY SEEKS TO HAVE THE RIGHT AWAY INTERNATIONALLY ABANDONED BY THE PUBLIC. IF APPROVED, THE UNIVERSITY MAY INTEGRATE THAT ACREAGE WITH THE FORMER SITE OF TAYLOR ELEMENTARY SCHOOL. THIS MAP THOSE THE SURROUNDING ZONING WHICH IN THIS PARTICULAR CASE IS NOT SO IMPORTANT. ON THIS SLIDE WE'VE GOT SOME PHOTOS OF THE SUBJECT PROPERTY. THE STREET PAVEMENT HAS LONG BEEN REMOVED FROM THIS PARTICULAR PARCELL OF

[00:45:01]

NORTH JUDGE ELY BOULEVARD ORIGINAL RIGHT OF WAY. IT'S NOW SURFACED ENTIRELY WITH GRASS AND IS NO LONGER NEEDED AS A THOROUGHFARE FOR EITHER VEHICLE OR PEDESTRIAN TRAFFIC. THE PHOTO ON THE LEFT IS LOOKING STRAIGHT NORTH FROM THE SOUTHERN APEX OF THIS TRIANGULAR SHAPED PARCEL. THAT PARCEL ON IT IS PHOTO LIES BETWEEN A FENCE LINE HERE ON THE LEFT AND THE EXITING SIDEWALK YOU SEE ON THE CENTERS OF THE PHOTO. THE PHOTO ON THE RIGHT IS LOOKING GENERALLY SOUTH. THIS PARTICULAR PARCEL OF RIGHT AWAY, PROPOSED TO BE ABANDONED, EXTENDS GENERALLY RIGHT FROM THE SIDEWALK ALL THE WAY TO A FENCE LINE IN THE MIDDLE GROUND OF THIS PHOTO. ALTHOUGH UNPAVED AND NOT NOW NEEDED FOR EITHER PEDESTRIAN OR VEHICLE TRAFFIC, THIS RIGHT OF WAY PROPOSED TO BE ABANDONED DOES REMAIN OCCUPIED BY CRITICAL UTILITIES. A 30-INCH RAW WATER MAIN LIES IN THE WEST MARGIN OF RIGHT AWAY REQUESTED TO BE ABANDONED AND ELECTRIC POWER LINE ENCROACHES INTO THE EAST MARGIN OF RIGHT AWAY REQUESTED TO BE ABANDONED. FIVE OWNERS OF AEGIS SENT AND NEARBY PROPERTY WERE FORMALLY NOTIFIED OF THE REQUEST, THREE RESPONDED IN FAVOR, NONE RESPONDED IN OPPOSITION. BECAUSE THIS PARCEL OF REMAINING RIGHT OF WAY IS NOT NEEDED FOR VEHICLE OR PEDESTRIAN TRAVEL, CITY STAFF GENERALLY RECOMMENDS APPROVING THIS REQUESTED ABANDONMENT SUBJECT TO IMPORTANT CONDITIONS THAT ARE ITEMIZED IN THE WRITTEN REPORT. THESE INCLUDE RECORDING A SUBDIVISION PLAT SHOWING HOW THE ABANDONED RIGHT OF WAY WILL BE INTEGRATE WITH ADJACENT PROPERTY, SERVING A 20-FOOT WIDE UTILITY EASEMENT ALONG THE ENTIRE WEST MARGIN OF THE OTHERWISE ABANDONED RIGHT AWAY FOR THE WATER MAIN. AND REVERSING A 10-FOOT EASEMENT FOR THE ELECTRIC POWER LINE THAT YOU MAY HAVE SEEN IN THE PHOTO. LAST BUT NOT LEAST, THERE'S A CONDITION TO PAY A SUPPLEMENTAL FEE TO THE CITY, THE EXACT AMOUNT OF WHICH IS REQUIRED BY THE FEE SCHEDULE ADOPTED BY CITY COUNCIL. SO WITH THAT SAID, I'LL BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE ON THIS MATTER.

>> ANY QUESTIONS? >> THANK YOU.

>> THANK YOU, SIR. >> I'LL OPEN THE PUBLIC HEARING ANYONE CARE TO SPEAK TO THIS ITEM, PLEASE COME FORWARD.

>> I'M HERE ON BEHALF OF EHT. THEY WERE UNABLE TO MAKE IT DUE TO COVID. THEY HAD THE PLAT HAS BEEN PREPARED AND THEY'VE SUBMITTED IT FOR STAFF REVIEW AND THEY'LL HAVE IT ONCE THE RIGHT OF WAY --

>> ANYONE ELSE CARE TO SPEAK TO THIS ITEM, PLEASE COME FORWARD.

SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING. DISCUSSION FROM THE COMMISSION OR A POSSIBLE MOTION?

>> I MOVE TO APPROVE. >> MOTION TO APPROVE. DO WE

HAVE A SECOND? >> I'LL SECOND.

>> MR. BARNETT. >> YES.

>> MR. ROSENBAUM. >> YES.

>> BUILD NOONAN. >> YES.

>> REVEREND LANKFORD. >> FRED FAMBLE.

>> AND A MOTION TO APPROVE CARRIES.

[9. TC-2020-06]

>>> NEXT ITEM TC2020-06. DISCUSSION AND PUBLIC HEARING, REQUEST FROM THE CITY OF ABILENE TO ABANDONED THE RIGHT OF WAY WITHIN A COMPLETE 418-FOOT LENGTH OF CROW STREET AS IT EXTENDS NORTH FROM THE RIGHT OF WAY FOR EAST SOUTH 5TH STREET APPROXIMATELY 765 FEET WEST FROM AND PARALLEL TO T AND P LANE IN

SOUTHEAST CENTRAL ABILENE. >> NICK WATTS, PLANNING AND DEVELOPMENT SERVICES, I'LL PRESENT THE CASE. WE SENT NOTIFICATION TO ANYONE AND RECEIVED ZERO IN FAVOR AND ZERO OPPOSED. THE SUBJECT AREA IS HIGHLIGHTED AND STRIPED IN YELLOW. YOU CAN SEE THAT IT IS A CURRENTLY UNPAVED, JUST --

[00:50:11]

RESIDENTS OF THE AREA DRIVE THROUGH THERE TO ACCESS THE CEDAR CREEK PARKWAY ALONG THERE THIS IS THE ZONING OF THE AREA.

THE CITY OF ABILENE OWNS THE MAJORITY OF THE LOTS ALONG CROW STREET, A ACTUALLY ALL OF THEM, BESIDES 310 EZRA STREET WHERE IT DEAD ENDS. THAT'S ZONED AS AGRICULTURAL OPEN SPACE. THIS INDICATES IT'S IN THE 500 YEAR FLOOD ZONE. THESE ARE VIEWS OF THE SUBJECT PROPERTY AND THESE ARE PROPERTIES TO THE SOUTH.

THAT IS ACTUALLY A PARK. WE SENT NOTIFICATION TO EVERYONE -- BUFFER, ZERO OPPOSITION. THE STAFF DETERMINED IT WAS CONSISTENT WITH THE PLAN AND FUTURE DEVELOPMENT AND PURSUANT TO SECTION 1.4.1.4 OF THE LAND DEVELOPMENT CODE. WE RECEIVED NO COMMENTS AND THERE WAS A WATER AND SEWER LINE THAT RUNS DIRECTLY THROUGH CROW STREET. BUT ALL UTILITY EASEMENTS WILL BE ADDRESSED DURING THE PLANNING PROCESS. STAFF RECOMMENDS

APPROVAL. >>

>> IT'S PARTS OF THE CEDAR CREEK PROJECT. THERE'S ALSO ILLEGAL DUMPING HAPPENING THERE SO WE'RE TRYING TO MITIGATE THAT.

>> ANY OTHER QUESTIONS? THANK YOU, SIR. I'LL OPEN THE PUBLIC HEARING. WOULD ANYONE LIKE TO SPEAK TO THIS ITEM? PLEASE COME

FORWARD. >> GOOD AFTERNOON, EVERYONE.

I'M DONALD BERTEN, HERE TO REPRESENT MYSELF AND MY MOTHER TO OWNS THE PROPERTY AT 310 EZRA STREET. I SUBMITTED A LETTER TO THE CITY MANAGER, MAYOR AND CITY COUNCIL YESTERDAY OPPOSING THIS PROJECT DUE TO THE FACT THAT WE LACK ANY ADDITIONAL DETAIL TO MAKE AN INFORMED DECISION. SO I WASN'T ABLE TO GET BACK -- I SPOKE WITH MR. WATTS EARLY LAST WEEK, BUT AT THAT TIME I DIDN'T HAVE ENOUGH INFORMATION -- MY MOTHER DIDN'T HAVE ENOUGH INFORMATION TO MAKE A DECISION. AT THIS TIME WE STAND OPPOSED UNTIL WE GET ADDITIONAL INFORMATION KNOWING MORE DETAIL THAN WHAT HE GAVE TODAY ABOUT WHAT'S GOING TO HAPPEN.

>> OKAY. ANY QUESTIONS? >> THANK YOU, SIR.

>> MY PLEASURE. >> ANYONE ELSE CARE TO SPEAK TO THIS ITEM? PLEASE COME FORWARD SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING. DISCUSSION FROM THE COMMISSION? STAFF, IS THERE ANY MORE DETAIL THAT CAN BE SAID OTHER THAN WHAT WAS ALREADY SAID THAT MIGHT ANSWER THIS GENTLEMAN'S QUESTION OR GIVE A

LITTLE MORE INFO, PLEASE? >> WE JUST KNOW IT'S PART OF THE CEDAR CREEK BOND PROJECT AND THAT IN ORDER TO DEVELOP OR USE THAT LAND, AND THIS SHOULD REMAIN CLOSED AND THAT THERE'S ILLEGAL DUMPING HAPPENING THERE AND IT'S BEEN DIFFICULT FOR OUR CITY UTILITIES AND EVERYTHING ELSE TO MANAGE THAT. SO WITH EZRA STREET, 310 EZRA STREET, THEY STILL HAVE FRONTAGE OFF EZRA STREET SO CLOSING THIS WILL NOT PREVENT THEM FROM ACCESSING

THEIR LAND. >> OKAY. OKAY. I'VE CLOSED THE PUBLIC HEARING, SIR. COMMISSIONERS, ANYBODY OBJECT IF

I OPEN IT AGAIN? >> NO.

>> I'LL OPEN THE PUBLIC HEARING COME ON BACK, SIR.

>> IT'S THE FIRST TIME I -- I APOLOGIZE.

>> IT'S OKAY. >> THERE'S ANOTHER ISSUE INVOLVED WITH MY MOTHER'S PROPERTY THAT'S NOT BEEN ADDRESSED BY THE CITY YET. IT'S BEEN GOING ON THE LAST YEAR AND A HALF. BUT I'LL TAKE THAT BACK ABOUT 13-14 MONTHS, IT STARTED ON SEPTEMBER 20TH LAST YEAR. THAT ISSUE HAS YET TO BE ADDRESSED. I'VE BEEN IN TOUCH WITH SEVERAL DIFFERENT PEOPLE ON THE CITY OF ABILENE STAFF. SO BEFORE I CAN MAKE A DECISION OR SHE WANTS TO MAKE A DECISION ABOUT THIS ISSUE TODAY, THIS OTHER ISSUE IS CONNECTED TO THAT THAT NEEDS TO BE RESOLVED AND

[00:55:03]

ANSWERED AS WELL. SO THIS IS WHY WE'RE OPPOSED TO IT AT THAT

POINT. >> THANK YOU, SIR. I WAS JUST

TRYING TO -- >> WE ARE ALL AWARE OF ILLEGAL DUMPING THAT'S GOING ON ON OUR PROPERTY, ACTUALLY, AS WE SPEAK IT HAS BEEN FOR, WHAT, QUITE A FEW YEARS NOW.

>> OKAY. >> THANK YOU.

>> JUST MAKING AN ATTEMPT TO GET YOU MORE INFORMATION.

>> I APPRECIATE THAT. >> THANK YOU, SIR. ANYONE ELSE CARE TO SPEAK TO THIS ITEM? PLEASE COME FORWARD, IF YOU DO.

YOU WANT TO SAY SOMETHING, MA'AM?

>> NO. >> OH, OKAY, SORRY. I CLOSE THE PUBLIC HEARING, DISCUSSION FROM THE COMMISSION?

>> DID YOU SAY THAT THE CITY OWNS ALL THESE LOTS THAT FACE

CROW STREET? >> THAT'S CORRECT.

>> AND I GUESS THE PLAN IS JUST TO BLOCK IT OFF AND DO AWAY WITH THE -- STOP THE ILLEGAL DUMPING OR WHATEVER?

>> THAT WILL BE ADDRESSED. >> I'M CONFUSED AS TO WHY BOTHER. YOU KNOW, IT DOESN'T MAKE SENSE IF YOU LEAVE THE LOTS THAT WAY, THEN THEY HAVE NO CREEK FRONTAGE AND IT SEEMS THERE NEEDS TO BE SOME OTHER REASON.

>> YEAH. >> MR. RICE?

>> THANK YOU, NICK. >> THE PURPOSE OF THIS IS TO CLOSE THE STREET SO WE CAN FENCE THE RIGHT OF WAY ALONG OUR PROPERTY. BY PUTTING UP A FENCE WE HOPE TO HAVE A VEHICLE BARRIER TO KEEP PEOPLE OUT. CEDAR CREEK IS IMMEDIATELY TO

THE WEST. >>

>> IT'S CEDAR CREEK. IT'S CEDAR. SO ONE OF THE THINGS WE HAVE HAD TROUBLE WITH, IF YOU GO BACK TO THE ACTUAL FLOOD MAP, AS YOU CAN SEE, EVERYTHING IN BLUE IS THE FLOOD WAY. EVERYTHING IN I BELIEVE THE RED IS THE 500 YEAR AND 100 IS IN GOLD. SO BASICALLY EVERYTHING ON THE WEST SIDE OF THE STREET, THERE'S NOT MUCH YOU CAN DO. WE OWN ALL THE PROPERTIES THAT FRONT CROW STREET EXCLUDING 310 EZRA AS NICK POINTED OUT. THEY STILL HAVE ACCESS TO EZRA STREET. IT'S NOT BEING BLOCKED OFF.

EVEN THEIR LOT, A LARGE PORTION OF IT IS IN THE FLOOD ZONES.

DOES NOT MEAN IT HAS NO VALUE. I WILL RESPOND TO THE COMMENT ABOUT THE COMMUNICATION WITH THE CITY. HE'S EXACTLY RIGHT.

THE CITY HAS A EXISTING LINE THAT TRAVERSES EAST-WEST ON 310 EZRA. WE'RE WORKING WITH HIM ON THE ACQUISITION OF AN EASEMENT.

IN 2019 WE DID SOME WORK ON THEIR PROPERTY. WE HAD EVERY RIGHT TO DO SO BECAUSE OUR LINE EXISTS BUT THERE'S NOT A FORMAL EASEMENT SO WE WERE SEEKING ONE AND SEEKING THEIR COOPERATION AND COMPENSATE THEM FOR DAMAGES THAT MAY HAVE OCCURRED. WE'RE WORKING ON THAT, THE CITY RECOGNIZES THAT AND WE'LL GET THAT RESOLVED WITH THEIR COOPERATION.

>> APPRECIATE IT. ANY OTHER QUESTIONS? THANK YOU, SIR.

>> THANK YOU, SIR. >> THAT MAKES SENSE TO ME.

>> ANYBODY ELSE WANT TO SPEAK TO THIS? I THINK I HAVE TO CLOSE THE HEARING. I'LL CLOSE THE PUBLIC HEARING.

>> GO, CLINT. >> THAT'S WHAT I THOUGHT WAS GOING TO HAPPEN, CLOSE THE STREET.

>> CORRECT. THAT'S -- MORE INFORMATION IS ALWAYS GOOD.

>> YEAH. >> OKAY? ANY OTHER DISCUSSION

OR POSSIBLE MOTION? >> MOTION TO APPROVE.

>> MOTION TO APPROVE AND I WILL SECOND IT.

>> MR. BARNETT. >> YES.

>> MR. ROSENBAUM. >> YES.

>> MR. NOONAN. >> YES.

>> REVEREND LANKFORD. >> YES.

>> AND MR. FAMBLE. >> YES.

[DIRECTORS REPORT]

>> MOTION CARRIES. >> DIRECTORS REPORT.

>> THANK YOU, YOU HAVE IN YOUR PACKETS A COPY OF THE DIRECTORS REPORT OTHER THAN THE CASES THAT YOU ALL PREVIOUSLY HEARD AND COUNCIL ACTED ON LAST MONTH. I HAVE NO OTHER REPORT UNLESS YOU

HAVE ANY QUESTIONS. >> NO QUESTIONS.

>> THANK YOU, SIR. >> WE ARE

* This transcript was compiled from uncorrected Closed Captioning.