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[00:00:02]

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

[CALL TO ORDER]

[INVOCATION]

THE PLANNING AND ZONING ZONING COMMISSION TO ORDER. I'LL HAVE THE REVEREND TO GIVE US AN INVOCATION, PLEASE.

>> LET US PRAY. GOD, WE COME WITH THANKSGIVING IN OUR HEARTS GOD, WE THANK YOU FOR ALL THE THINGS THAT YOU HAVE DONE FOR US IN THIS PAST YEAR. WE THANK YOU, GOD, FOR ALLOWING US TO SEE A NEW YEAR, 2021. WE THANK YOU GOD FOR KEEPING US SAFE LAST YEAR, AND GOD, WE THANK YOU FOR HEALING THOSE THAT HAD COVID-19 WE THANK YOU, GOD, FOR THOSE THAT TESTED POSITIVE AND NEVER BECAME SICK. WE ASK YOU TO BLESS ALL THE FAMILIES AND FRIENDS THAT LOST LOVED ONES LAST YEAR. GOD, AS WE GO THROUGH THIS YEAR, WE PRAY THAT YOU WILL CONTINUE TO SHOWER YOUR FAVORS UPON US. BLESS US, GOD, IN A SPECIAL WAY. KEEP US SAFE AND SOUND. AND MAY THE VACCINE HELP US TO BE ABLE TO LOOK BACK IN OUR REARVIEW MIRROR AND SEE COVID-19. GOD, WE ASK YOU TO BLESS OUR NATION, OUR STATE, OUR COUNTY, OUR CITY, AND OUR SCHOOLS. GOD, WE ASK YOU TO BLESS THIS BOARD. MAY WE ALWAYS DO THE THINGS THAT ARE PLEASING IN YOUR SIGHT. THESE BLESSING AND ALL OTHERS WE ASK IN YOUR SON JESUS' NAME WE PRAY, AMEN.

>> AMEN. >>> THE PLANNING AND ZONING COMMISSION IS THE FINAL AUTHORITY FOR APPROVE OF PLATS.

HOWEVER, IT 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 ANY 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 REQUESTED TO LIMIT THEIR TIME TO NO MORE THAN FIVE MINUTES HOWEVER ADDITIONAL TIME MAY BE GRANTED. THE FIRST ITEM IS THE APPROVAL OF MINUTES

[MINUTES]

FROM OUR DECEMBER 1 MEETING. HAVE ALL THE COMMISSIONERS HAD A CHANCE TO GET A COPY AND READ THE MINUTES? ANY CORRECTIONS OR REVISIONS THAT NEED TO BE MADE? IF NOT --

>> FRED, ON CASE TC-2020-06, I'M PRETTY SURE WE VOTED ON THAT SO IT STOPS AT THE PLANNING STEP RECOMMENDATION BUT IT DIDN'T NOTE THE MOTION IN THE YAYS AND NAYS.

>> STAFF, WE NEED TO DO ANY CORRECTIONS?

>> I'LL MOVE TO APPROVE THE CORRECTIONS.

>> I'LL SECOND. >> MOTION TO APPROVE AND A SECOND. ALL IN FAVOR, PLEASE SAY AYE.

>> AYO. >> OPPOSED SAME SIGN, THANK YOU,

[PLATS]

WE ARE READY FOR PLATS. >>> GOOD AFTERNOON, SHERYL SAWYER, PLANNING SERVICES MANAGER FOR THE CITY OF ABILENE WE HAVE A SLIGHT CHANGE IN FORMAT TO PRESENT PLATS FROM NOW ON. WE'LL PRESENT EACH PLAT AND ASK FOR INPUT ON THAT PLAT BEFORE MOVING ONTO THE NEXT ONE ADDITIONALLY WE ARE DETAILING THE CONDITIONS FOR APPROVAL. THOSE CONDITIONS SHOULD BE CONSIDERED IN ANY MOTIONS THAT YOU MAKE WHENEVER YOU ARE APPROVING OR DENYING. IF YOU NEED TO PULL ONE OUT SEPARATELY TO CONSIDER SEPARATELY, WE NEED TO KNOW THAT AS WELL. THE FIRST IS MINOR PLAT 3820, THE WUSKE WHISK. THE APPLICABILITY IS SUB DIVIDING 5.9 HAD ACRES AND STAFF IS RECOMMENDING APPROVAL.

>> NEXT IS PRELIMINARY PLAT 6920, THE DENALI ADDITION BETWEEN HIGHWAY 83 AND 84 AND MEMORIAL DRIVE. THEY ARE PRELIMINARY PLATTING NINE NEW LOTS. STAFF IS RECOMMENDING APPROVAL WITH CONDITIONS. THE CONDITIONS ARE CONSTRUCTION PLANS, DETAILING REQUIRED PUBLIC IMPROVEMENTS OR SUBMITTED TO PUBLIC WORKS AND APPROVED BY THE CITY ENGINEER. IF YOU HAVE ANY

QUESTIONS. >> ARE THOSE CIRCLES

ROUNDABOUTS? >> THEY ARE.

>> OKAY. >> THE FOLLOWING PLAT IS 7420,

[00:05:06]

FINAL PLAT OF THE DENALI ADDITION. FINAL PLATTING PREVIOUSLY MENTIONED NINE NEW LOTS. STAFF IS RECOMMENDING APPROVAL WITH CONDITIONS OF CONSTRUCTION PLANS DETAILING PUBLIC IMPROVEMENT COMMITTED TO PUBLIC WORKS. PRIOR TO THE FINAL PLAT, PUBLIC IMPROVEMENTS MUST BE COMPLETED AND INSPECTED FOR ACCEPTANCE OR IMPROVEMENTS DEEMED ACCEPTABLE BY PUBLIC WORKS AND FINANCIAL GUARANTEE IN PLACE FOR THE REMAINDER OF THE PUBLIC WORK IMPROVEMENT. THIS IS THE FINAL PLAT OF THE PREVIOUS PLAT. ANY QUESTIONS ON THIS ONE? NEXT ON YOUR AGENDA, PRELIMINARY PLAT 7320, PETERSON SUBDIVISION, PRELIMINARY PLATTING FIVE LOTS, STAFF RECOMMENDS APPROVAL WITH CONDITIONS. CONDITIONS BEING CONSTRUCTION PLANS DETAILING REQUIRED PUBLIC IMPROVEMENTS MUST BE SUBMITTED TO THE PUBLIC WORKS DEPARTMENT AND APPROVED BY THE CITY ENGINEER. ANY QUESTIONS ON THIS ONE? OKAY. NEXT WE HAVE PRELIMINARY PLAT 7520, ACCESS BUSINESS PARK, PRELIMINARY PLAT NAMED DEVELOPMENT PLAN SECTION 1. THEY ARE COMBINING 18 LOTS INTO ONE LARGER LOT WITHIN THE SUBDIVISION. STAFF IS RECOMMENDING APPROVAL WITH CONDITIONS. CONDITIONS BEING REVISED DRAINAGE PLAN SUBMITTED TO THE PUBLIC WORKS DEPARTMENT FOR REVIEW AND APPROVAL BY THE CITY. IF YOU HAVE ANY QUESTIONS ON THIS? OKAY. THIS IS FINAL PLAT 7220, ACCESS BUSINESS PARK THEY ARE FINAL PLATTING THAT PREVIOUS PLAT WE SAW AND STAFF IS RECOMMENDING APPROVAL WITH CONDITIONS. THE CONDITIONS BEING THE REVISED DRAINAGE PLAN MUST BE SUBMITTED TO PUBLIC WORKS FOR REVIEW AND -- FINAL TO THE PLAT BEING RECORDED. I WOULD BE HAPPY TO TAKE ANY QUESTIONS.

>> THE FIRST IS A PRELIMINARY PLAT AND THE SECOND ONE THE

FINAL? >> YES.

>> SO WE'RE APPROVAL PRELIMINARY AND FINAL AT THE SAME TIME?

>> YES, AS PROVIDED IN OUR LBC, THERE'S A PROVISION WHERE YOU CAN PROVIDE PRELIMINARY AND FINAL IN ORDER TO KIND OF MOVE IT ALONG AS LONG AS THE CONSTRUCTION PLANS ARE ACCEPTED

BY THE PUBLIC WORKS DEPARTMENT. >> AND PRELIMINARY AND FINAL ARE

ESSENTIALLY THE SAME PLAT? >> CORRECT. ON THIS PARTICULAR PRELIMINARY PLAT, YOU CAN SEE IT WAS OUT OF A GREATER SUBDIVISION SO THEY TOOK 18 LOTS AND COMBINED THEM INTO A LARGER ONE IN THE FINAL PLAT. WHAT THEY ARE FINAL PLATTING IS ONE SECTION OF THIS PARTICULAR PART OF THE ACCESS BUSINESS PARK.

>> ANY OTHER QUESTIONS? BEFORE I OPEN THE PUBLIC HEARING, SHERYL, PROCEDURAL WE ARE STILL VOTING ON ALL THE PLATS, JUST

LIKE NORMAL? >> YES, CORRECT.

>> JUST WANTED TO MAKE SURE. THANK YOU. I'LL OPEN THE PUBLIC HEARING, ANYONE CARING TO SPEAK TO THESE PLATS, PLEASE COME

FORWARD. >> JAK

>>> HELPED US GET THROUGH AS FAR AS STATE LAW CHANGES. I GOT TWO REQUESTS. ONE THAT THE CONDITION FOR PRELIMINARY PLAT APPROVAL NOT BE CONDITIONED BASED ON THE CONSTRUCTION PLANS THAT'S TYPICALLY NOT A STEP THAT'S SEEN AT THE PRELIMINARY PLAT STAGE. WE DO PRELIMINARY ENGINEERING ON THE PRELIMINARY PLAT. THAT GIVES US THE GREEN LIGHT THAT HAS BEEN -- I ASSUME HAS BEEN THROUGH PUBLIC WORKS FOR THEM TO SEE HOW TO GET UTILITIES EVERYWHERE AND DRAIN ALIEN. THE SECOND REQUEST IS THE FINAL PLAT. I DON'T REMEMBER HOW IT WAS READ BUT IT WAS RELATED TO PUTTING UP -- THE LDC ALLOWS FOR FINANCIAL GUARANTEE IN PLACE OF COMPLETING ALL PUBLIC IMPROVEMENTS. THE WAY THE CONDITION READS SUGGESTS SOME OR A MAJORITY OF PUBLIC IMPROVEMENTS MUST BE INSTALLED TO THE CITY ACCEPTANCE PRIOR TO FINANCIAL GUARANTEE IN PLACE. I REQUEST THAT THE ENTIRE FINANCIAL GUARANTEE BE ALLOWED TO PUT UPFRONT SHOULD THAT BE -- PER THE LDC. AS LONG AS IT ALLOWS IT.

>> CAN I REPHRASE THAT? >> YES, SIR.

>> SO IF YOU GO IN -- YOU'RE SUPPOSED TO PUT IN UTILITIES.

>> YES, SIR. >> WHAT YOU'RE SAYING IS THE

[00:10:02]

CONDITION WAS PUT IN PART OF THEM, PUT UP A FINANCIAL

GUARANTEE FOR THE REMAINDER. >> CORRECT.

>> THAT'S WHAT THE CONDITIONS -- WHAT YOU'RE ASKING FOR IS NOT PUTTING ANY UTILITIES IN AND PUTTING UP A FINANCIAL GUARANTEE

FOR ALL UTILITIES. >> THAT'S WHAT THE LDC ALLOWS FOR. CORRECT ME IF THAT'S NOT CORRECT. THIS SUBDIVISION IS NOT TYPICAL. IT'S LARGE TRACTS, PAD SITES. I KNOW THEY HAVE PEOPLE LOOKING AT VARIOUS ONES OF THESE SITES AND WOULD LIKE TO GO AHEAD AND START THE CONTRACTING PROCESSES WITH VARIOUS TENANTS. TO PUT THE REQUIREMENT TO INSTALL AND ACCEPT THE CITY ACCEPT ALL PUBLIC IMPROVEMENTS WOULD NEGATIVELY IMPACT THE ABILITY TO DO ANY OF THAT.

>> YOU DON'T KNOW HOW IT'S GOING TO DEVELOP YET SO YOU DON'T KNOW

WHAT UTILITIES YOU NEED. >> WE DO. ON THE PRELIMINARY PLAT WE HAVE UTILITIES DRAWN IN ON PUBLIC IMPROVEMENTS BUT THE CONDITIONS SAID ALL PUBLIC IMPROVEMENTS HAVE TO BE INSTALLED AND ACCEPTED BEFORE THE CITY WILL CONSIDER A

FINANCIAL GUARANTEE. >> OKAY. THANK YOU.

>> THANK YOU. ANYONE ELSE CARE TO SPEAK TO THESE PLATS? PLEASE

COME FORWARD. >> SHERYL, YOU WANT TO EXPLAIN THAT A LITTLE BETTER? I'M STILL CONFUSED.

>> SO PRIOR TO THE FINAL PLAT BEING RECORDED, THE RECOMMENDATION IS THAT PUBLIC IMPROVEMENTS ARE EITHER COMPLETED AND ACCEPTED OR THEY'RE COMPLETED TO AN EXTENT DEEMED ACCEPTABLE BY PUBLIC WORKS DEPARTMENT AND THE REST IS THE FINANCIAL GUARANTEE WE SAID BEFORE. HOWEVER IF THE COMMISSION WANTED TO SAY IT WAS OKAY TO PUT UP A FINANCIAL GUARANTEE AS ALLOWABLE BY THE LAND DEVELOPMENT CODE UP FRONT BEFORE THEY RECORDED THE PLAT, I BELIEVE THAT IS SOMETHING THAT

YOU COULD OKAY. >> WE WOULD HAVE TO PUT THAT LANGUAGE IN IN OUR RECOMMENDATION TO THE CITY

COUNCIL? >> YES. WELL, YOU'RE THE FINAL APPROVAL OF THE PLAT SO THE CONDITION OF FINAL APPROVAL AND RECORDING WOULD BE THEY PUT UP A FINANCIAL GUARANTEE FOR THE ENTIRE THING AS LONG AS CONSTRUCTION PLANS WERE

APPROVED. >> THANK YOU. IS THAT CLEAR AS

MUD, CLINT? >> YEAH, I'M THINKING BACK THE OTHER WAY. SO WHERE I GUESS I'M HUNG UP, AND CLAYTON, IS THE UTILITY DEPARTMENT WOULD HOW MUCH THE UTILITY DEPARTMENT WOULD SAY --

>> IT'S DICTATED BASED OFF CONSTRUCTION PLANS. WHEN CONSTRUCTION PLANS COME THROUGH AND THEY DECIDE ON THE FINANCIA-

>> I'M SAYING THE AMOUNT OF CONSTRUCTION.

>> SO PRIOR TO THE FINAL PLAT ALL PUBLIC IMPROVEMENTS MUST BE COMPLETED AND INSPECTED FOR ACCEPTED AND DEEMED ACCEPTABLE

BY THE PUBLIC WORKS DEPARTMENT. >> THAT'S THE PART -- WHAT IS DEEMED ACCEPTABLE BY THE PUBLIC WORKS DEPARTMENT.

>> THAT'S UP TO THE PUBLIC WORKS DEPARTMENT.

>> THAT'S WHAT I BELIEVE CLAYTON IS ASKING FOR, FOR ALL OR PART.

>> OKAY. >> THAT WOULD BE FAIR TO ME.

>> SURE. >> I WOULD MOVE TO --

>> HOLD ON A SECOND. I DON'T THINK I CLOSED THE PUBLIC HEARING. -- I'LL CLOSE THE PUBLIC HEARING. NOW GO,

CLINT. >> I MOVE TO ACCEPT THE PLATS BASED ON ADDITIONAL CONDITIONS THAT IT WOULD BE FINANCIAL GUARANTEE PUT UP FOR ALL OF THE UTILITIES ON THE DENALI

ADDITION. >> OKAY.

>> THAT'S A MOTION. DO I HAVE A SECOND?

>> SECOND. >> MOTION, SECOND, PICK ONE.

>> WE HAVE A MOTION TO APPROVE WITH THE CONDITION OF THE FINANCIAL GUARANTEE. MR. BARNETT.

>> YES. >> MR. BENHAM.

>> YES. >> MR. ROSENBAUM.

>> YES. >> MR. NOONAN.

>> YES. >> REVEREND LANKFORD.

>> YES. >> AND MR. FAMBLE.

>> YES. >> THE MOTION CARRIES.

>> NEXT ITEM ON THE AGENDA, Z-2021-1. PUBLIC HEARING AND

[8. Z-2021-01]

REPORT ON REQUEST FROM LANE MILLER TO REZONE PROPERTY FROM PLAN DEVELOPMENT P.D. DISTRICT PRIMARILY LIMITED TO A NEIGHBORHOOD OFFICE IN O DISTRICT AT 3701 ANTLY ROAD APPROXIMATELY 0.2 MILES EAST OF BUFFALO GAP ROAD. THE LEGAL DESCRIPTION BEING ALL OF LOT ONE IN BLOCK A OF ANTLY ROAD ADDITION ABILENE, TAYLOR COUNTY, TEXAS.

>> GOOD AFTERNOON, I'M JARED SMITH. I WORK FOR ABILENE PLANNING AND DEVELOPMENT SERVICES. I'LL PRESENT

[00:15:02]

Z-2021-1. THE REQUEST IS REZONE FROM DISTRICT NUMBER 4 TO NEIGHBORHOOD OFFICE ZONING. THE REASON FOR THE REQUEST IS MR. MILLER WOULD LIKE TO OCCUPY THE EXISTING RESIDENCE AT THE LOCATION FOR AN EDWARD JONES FINANCIAL ADVISING OFFICE. IT'S 3702 ANTLY ROAD. PLANNING STAFF SENT NOTIFICATION LETTERS TO ALL PROPERTY OWNERS WITHIN 200-FOOT RADIUS. WE RECEIVED ONE IN FAVOR. THIS IS INCORRECT, WE GOT A LATE RESPONSE. WE HAVE

THREE RESPONSES IN OPPOSITION. >> HERE'S A LOCATION MAP SHOWING AN AERIAL IMAGE OF THE SUBJECT PROPERTY. WE'RE AT THE INTERSECTION OF ANTLY ROAD AND HARBOR TOWN. I WANT TO TALK ABOUT THIS PROPERTY MORE. THE RESIDENCE AT THE LOCATION WAS BUILT IN 1957 PRIOR TO ANNEXED INTO THE CITY LIMITS OF ABILENE AFTER THAT PROPERTY WAS ZONED RX8 SINGLE FAMILY RESIDENTIAL.

IN 2016 IT WAS EMBRACED TO PLANNED DEVELOPMENT DISTRICT NUMBER 4, CURRENTLY ZONED. WHEN EMBRACED WITHIN THE P.D. IT ALLOWED FOR PATIO HOMES AS WELL AS TWO VACANT LOTS TO THE NORTH THE SUBJECT PROPERTY IS 22,000 SQUARE FEET WHICH IS SUBSTANTIALLY LARGER THAN MOST SINGLE FAMILY RESIDENTIAL LOTS IN THE CITY LIMITS OF ABILENE. THE REASON I SAY THAT IS BECAUSE BASED OFF THE SIZE OF THE LOT WILWILL DICTATE WHAT KIND OF OFE COULD BE BUILT IF THAT RESIDENCE WAS REMOVED. WE'VE DONE A ROUGH CALCULATION. BASED OFF THE SETBACK REQUIREMENTS AND PARKING REQUIREMENTS IT COULD HAVE A BUILDING ON THAT LOT AS LARGE AT 8600 SQUARE FEET. SURROUNDING THIS PROPERTY IS PRIMARILY RESIDENTIAL. TO THE EAST, EXISTING SINGLE FAMILY RESIDENCE, TO THE WEST SINGLE FAMILY RESIDENCE AND TO THE SOUTH, I SHARE ALL THAT INFORMATION FOR COMPARISON SAKE HALF A MILE EAST DOWN ANTLY ROAD NEAR FAIRWAY OAKS BOULEVARD AND ANTLY, THERE ARE EXISTING OFFICE BUILDINGS, TWO OF THEM. THOSE ARE EMBRACED IN PLANNED DEVELOPMENT DISTRICT NUMBER 4.

THERE WERE PROVISIONS IN THE ORIGINAL P.D. THAT ALLOWED FOR OFFICE ZONING ALONG ANTLY ROAD. THERE ARE THREE LOTS, TWO HAVE AN OFFICE, ONE IS VACANT. ALL OF WHICH ARE IN A SIMILAR FASHION, SURROUNDED BY RESIDENTIAL ZONING. SO I JUST SHARE ALL THAT FOR YOU FOR BACKGROUND INFORMATION ON THIS CASE. CURRENT ZONING MAP SHOWING THE SUBJECT PROPERTY IS IN A PLANNED DEVELOPMENT DISTRICT. THERE'S RS8 DIRECTLY EAST, A SINGLE FAMILY RESIDENCE I WANT TO POINT OUT SOUTHWEST OF HERE, APPROXIMATELY 100 FEET AWAY IS GENERAL RETAIL ZONING.

A LARGE TRACT. AS YOU KNOW, GENERAL RETAIL ZONING IS A MORE INTENSE COMMERCIAL ZONING CLASSIFICATION THAN NEIGHBORHOOD OFFICE ALLOWING A WIDER RANGE OF COMMERCIAL ACTIVITIES MORE INTENSE IN NATURE THAN PERMITTED ON THE SUBJECT PROPERTY IF YOU CHOSE TO APPROVE THIS ZONE CHANGE REQUEST. AS YOU HEAD WEST DOWN ANTLY, YOU'LL FIND THE INTERSECTION OF ANTLY AND BUFFALO GAP ROAD. THIS INTERSECTION IS ENTIRELY COMMERCIAL IN NATURE. A LOT OF LOTS ARE ZONED GENERAL COMMERCIAL, WHICH IS EVEN MORE INTENSE ZONING CLASSIFICATION THAN GENERAL RETAIL. I SIMPLY SAY THAT BECAUSE WE VIEW THIS AS AN APPROPRIATE TRANSITIONAL BUFFERING FROM THE MORE INTENSE COMMERCIAL, AS YOU HEAD EAST DOWN ANTLY ROAD WHERE IT'S MORE RESIDENTIAL IN NATURE. SOMETHING ELSE I WANTED TO POINT OUT IS THIS LOT HAS FRONTAGE ON ANTLY ROAD WHICH IS A MAJOR OR A MATERIAL ROAD LINED WITH COMMERCIAL ACTIVITY. DUE TO THE FACT IT HAS HIGH VOLUMES OF TRAFFIC THAT SUSTAIN COMMERCIAL BUSINESSES. PERMITTED USE SLIDE SHOWING ALL USES WHICH ARE PERMITTED WITHIN NEIGHBORHOOD OFFICE. AS YOU CAN SEE, HIGHLIGHTED IN RED, OFFICE USES IS OBVIOUSLY PERMITTED WITHIN NEIGHBORHOOD OFFICE. A FEW PHOTOS OF THE SUBJECT PROPERTY AS WELL AS THE SURROUNDING PROPERTIES. I WANT TO POINT OUT THE BOTTOM LEFT HAND PHOTO SHOWS THE EXISTING FEDERAL CREDIT UNION, A LARGE OFFICE BUILDING WITHIN 150 FEET OF THE SITE.

200 AT MOST. HERE'S A NOTIFICATION MAP SHOWING THE EXTENT OF THE 200-FOOT NOTIFICATION BUFFER I SPOKE ON PREVIOUSLY. AS I STATED PREVIOUSLY, THIS IS NOW INCORRECT. WE HAD ONE RESPONSE IN FAVOR, TWO IN OPPOSITION, THE

[00:20:04]

OPPOSITIONS IN RED. THE NEWEST OPPOSITION RESPONSE IS LOCATED AT -- EXCUSE ME 6302 DOMINION COURT, SOUTH OF THE SUBJECT PROPERTY ACROSS ANTLY ROAD. SOUTHBOUND, THE REQUEST IS CONSISTENT WITH THE COMPREHENSIVE PLAN. IT WAS REVIEWED PURSUANT TO SECTION 1414 OF LAND DEVELOPMENT CODE. THESE FACTS AND INFORMATION I PROVIDED TODAY, STAFF IS RECOMMENDING APPROVAL. I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU ALL MAY HAVE.

>> ANY OTHER NOTES ON THE ONES THAT DID NOT APPROVE?

>> MOST OF THEM JUST SENT BACK THEIR SLIPS. WE DID RECEIVE ONE RESPONSE WHICH WAS QUITE -- WHICH WAS PROVIDED TO YOU IN YOUR PACKET. ABOUT A FIVE PAGE REPORT THAT YOU ALL SHOULD HAVE

TIME TO READ. >> ANYTHING OTHER THAN --

>> OTHER THAN THAT, NO. >> ANY QUESTIONS?

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

>> I GOT ONE. >> TWO OTHER COMMERCIAL PROPERTIES YOU MENTIONED ON ANTLY ROAD THAT MIRROR, IS THAT THE DERMATOLOGY OFFICE AND THE SLEEP CENTER?

>> THAT'S CORRECT, YES. SOMETHING ELSE TO NOTE, ON THIS LOT, THEORETICALLY AN 8600 SQUARE FEET BUILDING COULD BE EERECTED. THE DERMATOLOGY CENTER IS 8800 SQUARE FEET TO COMPARATIVELY IN SITE, FURTHER AWAY FROM THE INTERSECTION OF

BUFFALO GAP ROAD AND ANTLY. >> WHILE THEY BOTH FACE ANTLY THEY HAVE RESIDENTIAL BACKS UP TO THEM NOT FACING THEM THE WAY THIS WOULD HAVE TWO HOUSES FACING IT, CORRECT?

>> THE BACKYARD TO THOSE HOUSES ON DOMINION COURT FACE THIS

PROPERTY. >> THE BACK OF THE --

>> THE FRONT OF THE HOMES DO NOT. YES.

>> OKAY. >> ANY OTHER QUESTIONS? THANK

YOU, SIR. >> THANK YOU.

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

ITEM, PLEASE COME FORWARD. >> THANK YOU. MY NAME IS BROOK BROWN AND I'M THE ONE WHO SHERYL SO GRACIOUSLY INCLUDED MY COMMENTS IN THE PACKET SENT TO YOU. I GREW UP IN THIS HOUSE.

IT WAS A HOUSE BUILT BY MY MOTHER, WHO WAS AN ART TEACHER AND ART EDUCATOR. WE -- SHE BUILT THAT HOUSE WHEN MY FATHER DIED AND SHE WAS WIDOWED. BECAUSE THE HOUSE NEXT DOOR AT 3666 WAS MY GRANDPARENTS' HOUSE THEY WERE BOTH RETIRED AT THE TIME AND SO THEY COULD HELP MY MOTHER WITH MY BROTHER AND I.

THEY WERE ALL ABOUT COMMUNITY. BOTH MY MOTHER AND MY GRANDPARENTS. MY GRANDFATHER WAS HENRY ANTLY, MY GRANDMOTHER WAS MYRTLE ANTLY. QUITE A BIT OF THE PROPERTY THAT IS NOW THE WYLIE EARLY CHILDHOOD DEVELOPMENT CENTER USED TO BE THE ENTIRE WYLIE SCHOOL. I WENT TO ELEMENTARY SCHOOL THERE. MY GRANDFATHER GAVE THE PROPERTY THAT WAS THE FOOTBALL FIELD FROM HIS FARM TO THAT SCHOOL. A LOT OF THE PROPERTY THAT SURROUNDS WYLIE BAPTIST CHURCH WAS PROPERTY MY GRANDFATHER GAVE TO WYLIE CHURCH. WYLIE METHODIST CHURCH WAS ACROSS THE STREET AND CHURCH OF CHRIST ON THE CORNER. WYLIE METHODIST CHURCH IS NOW DOWN THE ROAD ON WHAT WAS ANTLY PROPERTY WITHIN THE FAIRWAY OAKS DEVELOPMENT. MY GRANDFATHER'S FARM BECAME THE FAIRWAY OAKS DEVELOPMENT AFTER HIS DEATH AND AFTER THE PROPERTY OF ANNEXED BY THE CITY OF ABILENE. I WENT TO MADISON JUNIOR HIGH. COOPER HIGH SCHOOL, THEN TO SCHOOL IN AUSTIN AND REMAINED THERE. I WORKED FOR THE STATE REPRESENTATIVE FROM THE CITY -- FROM THIS STATE HOUSE DISTRICT FOR THREE YEARS WHILE I WENT TO LAW SCHOOL. I HAVE FRIENDS HERE. I HAVE ALL MY -- HIGH SCHOOL GRADUATING CLASS JUST FINISHED THE 50TH ONE A YEAR AGO SO I KNOW THIS PROPERTY. WHAT I ASK YOU TO CONSIDER TODAY ARE TWO THINGS. ONE, THIS ZONING REQUEST WILL NOT BUFFER THIS RESIDENTIAL COMMUNITY FROM THE ACTIVITY AT ANTLY ROAD AND BUFFALO GAP ROAD. RATHER IT'S A FURTHER INTRUSION OF COMMERCIAL

[00:25:05]

ACTIVITY INTO WHAT IS A NEIGHBORHOOD. IT ISOLATES THE HOUSE AT 22 HARBOR TOWN AND 24 HARBOR TOWN. IF THIS BECOMES COMMERCIAL, THEN WHAT DO THOSE PEOPLE DO FOR NEIGHBORS? YOU KNOW, THEY ARE ISOLATED. IN ADDITION -- THERE'S A TRACT TO THE WEST OF THE LOTS 22 AND 24 ON HARBOR TOWN. THERE IS A TRACT SHOWN ON THE MAP THAT'S ATTACHED TO MY COMMENTS THAT IS ALSO ZONED RESIDENTIAL 8. SINGLE FAMILY RESIDENTIAL 8.

YOU CAN SEE IT HERE. IT'S AN EMPTY PIECE OF PLAN OWNED BY THE WYLIE SCHOOL. BUT NOT OCCUPIED THEN TO THE WEST OF IT IS A LARGE PARKING LOT THAT IS THE PARKING LOT TO THE SCHOOL. SO IF YOU LOOK AT THOSE HOMES ALONG HARBOR TOWN TODAY, THEY DON'T ABUT A COMMERCIAL USE. THEY ABUT A SCHOOL DISTRICT. SCHOOL DISTRICT PROPERTY THAT WILL FOR THE FORESEEABLE FUTURE REMAIN SCHOOL DISTRICT PROPERTY. THE LOT THAT IS CATTY-CORNER TO 2702 ON THE SOUTH SIDE OF ANTLY ROAD, ANTLY AND CHAMPION, THAT LOT IS A BIG LOT, A SEMI CIRCLE. IT CONTINUES ON AROUND TO BUFFALO GAP ROAD. IT IS A HALF DOUGHNUT BEHIND ABILENE TEACHERS FEDERAL CREDIT UNION, WHICH IS CLOSER TO THE CORNER. THAT LOT HAS BEEN OWNED BY H-E-B SINCE 201 IT'S. IT'S VACANT, NOTHING HAS CHANGED ON THAT LOT THAT WOULD JUSTIFY USING IT AS A REASON TO CHANGE THE ZONING AT 2702. THERE'S BEEN NO CHANGE SINCE THIS RESIDENTIAL AREA HAS BEEN IN PLACE. THE PROPERTY ACROSS THE ROAD ON THE SOUTH SIDE OF ANTLY ROAD IS -- THOSE TWO LARGE LOTS ARE ON A CUL-DE-SAC, VERY NICE LOTS. THERE'S A STONE FENCE BETWEEN THEM AND ANTLY ROAD. BUT THAT STONE FENCE IS ABOUT THIS HIGH. IF THERE WERE A COMMERCIAL PROPERTY PLACED ON 2702, WHICH WOULD -- UNDER THE ZONING CODE, IF IT WERE ZONED NEIGHBORHOOD OFFICE, IT COULD BE AS MANY AS TWO STORIES HIGH.

THAT WOULD EXTEND ABOVE THE FENCE, LOOK OVER INTO THE BACK OF THEIR THAT'S WHY THEY'RE UNHAPPY WITH THIS ZONING CHANGE. MISS FELTY CALLED ME LAST NIGHT AT HOME. I HAD SENT A LETTER MUCH LIKE THE LETTER I SENT TO YOU TO THE NEIGHBORS AND SHE CONTACTED ME LAST NIGHT AND ASKED ME TO BRING HER PROTEST HERE BECAUSE SHE'S NOT PHYSICALLY ABLE TO BE HERE. MY BROTHER, WHO LIVES IN THE HOUSE AT 3666 ANTLY ROAD, THE HOUSE HE AND I JOINTLY OWN, CAN'T BE HERE BECAUSE OF HIS PHYSICAL LIMITATIONS BUT THEY WANT YOU TO KNOW THEY OPPOSE THE ZONING REQUEST. IN MY LETTER I ADDRESS ONE OTHER MATTER, TWO OTHER MATTERS. ONE IS THAT I THINK THIS IS SPOT ZONING. IT'S PROBABLY ILLEGAL. THAT'S BECAUSE NOTHING HAS CHANGED SINCE THIS AREA WAS ZONED RESIDENTIAL. TO TAKE ONE LOT, HALF A BLOCK INTO A RESIDENTIAL AREA AND ZONE IT FOR A NONRESIDENTIAL USE IS KIND OF THE TYPICAL EXAMPLE OF IMPROPER SPOT ZONING. THERE'S NOT ANYTHING IN THE STAFF REPORT THAT IDENTIFIES A CHANGE IN THE CHARACTER RIGHT HERE FROM WHEN THIS PROPERTY BECAME -- FROM WHEN THE AREA BECAME ZONED RESIDENTIAL. IF YOU'LL LOOK BEYOND JUST THIS HALF A BLOCK ON EITHER SIDE OF THIS ZONING CHANGE, YOU'LL SEE THE RESIDENTIAL AREA TO THE EAST ON ANTLEY ROAD TOWARD THE HOSPITAL AREA EXTENDS FOR PROBABLY THREE QUARTERS TO A MILE ALONG ANTLEY ROAD EXCEPT FOR THE METHODIST CHURCH ON THE NORTH SIDE OF THE

[00:30:04]

ROAD. THAT'S THE ONLY NAB RESIDENTIAL USE. IT CONTINUES THROUGH THE FAIRWAY OAKS DEVELOPMENT. SOUTH SIDE SIMILARLY THERE'S A GOOD PROBABLY HALF MILE FROM CHAMPIONS DRIVE TO THE EAST THAT IS RESIDENTIAL. SO THAT WAS WHY I INCLUDED IN MY ATTACHMENTS THIS MAP THAT GIVES YOU A BETTER FEEL FOR HOW LARGE THIS RESIDENTIAL AREA IS. THERE ARE OFFICE LOTS FOR SALE ON THE EAST ENDEN OF ANTILLEY ROAD THAT COUD BE USED. THERE'S NO SHORTAGE OF OFFICE SLOTS NEARBY. SO WE THINK FOR THOSE REASONS, THIS IS JUST AN IMPROPER INTRUSION, NOT A BUFFER. IT DOESN'T BUFFER ANY OF THE LOTS THAT ARE SHOWN IN THE PAGE BEFORE YOU. IT'S AN INTRUSION ON -- WHAT IS THE NEIGHBORHOOD. LASTLY, IF YOU LOOK ALONG ANTILLEY ROAD, AT THE POINT WHERE 3702 ADJOINS 3666, THAT'S THE HILL ON ANTILLEY ROAD. MY GRANDPARENTS PICKED 3666 BECAUSE IT WAS ON A HILL AND HAD BEAUTIFUL VIEWS. COMING OUT OF THE DRIVEWAY ON 2702, YOU'VE GOT ABOUT A COUNT OF TWO SECONDS TO SEE A CAR COMING OVER THE HILL GOING EAST TO WEST FROM THAT DRIVEWAY. THE SAME THING, IF YOU'RE GOING EAST ON ANTILLEY ROAD AND YOU WANT TO TURN LEFT INTO THAT DRIVEWAY, THAT CAR COMING FROM THE -- FROM THE EAST HAS ONLY ABOUT TWO SECONDS TO SEE YOU IN THE CENTER TURN LANE TRYING TO TURN. IF THIS BECOMES AN 8600 -- 8,600 SQUARE FEET BUILDING, IT'S GOING TO BE A PROBLEM FOR TRAFFIC. OR YOU'VE HAD ANOTHER -- THEN YOU HAVE ANOTHER ADVERSE USE. IF YOU HAVE THE TRAFFIC GO ON HARBOR TOWN, YOU HAVE IMPACTED THE HOMES ALONG HARBOR TOWN. THIS PART OF HARBOR TOWN, THOSE HOMES FROM 3322 ARE ALL SINGLE FAMILY STAND ALONE RESIDENCES. THESE AREN'T TOWNHOMES. THEY CONTINUE ON THE CIRCLE BEHIND. THOSE ARE THE CONSIDERATIONS WE WOULD ASK YOU TO TAKE INTO ACCOUNT. I THANK YOU FOR YOUR TIME AND THANK YOU FOR DEVOTING YOUR SERVICES TO MUNICIPAL GOVERNMENT.

>> THANK YOU, MA'AM, ANY QUESTIONS?

>> ARE YOU OBJECTING ON BEHALF OF PROPERTY 3666 THAT YOU CO OWN

WITH YOUR BROTHER? >> YES, MY BROTHER AND I OWN --

YES. >> I JUST DIDN'T KNOW IF YOU

WERE ONE OF OTHER OBJECTIONS. >> MISS FELTY ASKED ME TO DELIVER HERS TODAY. SHE ALSO GAVE ME HER REMARKS IF I CAN --

>> NO, I JUST WANTED TO KNOW. >> I WOULD LOVE TO GIVE YOU HER REMARKS BUT SHE WILL DO THAT IN WRITING.

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

>> I'M LANE MILLER AND THIS IS THE PROPERTY I OWN THAT I WOULD LIKE TO BE REZONED. AS A CURRENT RESIDENT WHO HAS BEEN INVESTED IN THE COMMUNITY FOR THE PAST 30 YEARS, I'M EXCITED.

EXCITED ABOUT ABILENE AND THE POTENTIAL IT HAS THAT SHE HAS.

THE GROWTH. I WOULD LIKE THE PLANNING AND ZONING TO MOVE FORWARD WITH THE CITY PLANNERS RECOMMENDATION FOR APPROVAL.

3702 ANTILLEY IS NO LONGER AT THE HIGHEST OR BEST USE. THE PRECEDENT IS SET WITH THE HEAVY COMMERCIAL AND I'M NOT SURE ALL THE ZONING NAMES Y'ALL USE. THAT'S A PROFESSIONAL'S JOB.

H-E-B. YOU HAD TO THE EAST SIZE OF ANTILLEY WHAT IS NOW HENDRICK HOSPITAL OFF THE MEDICAL MALL. HEAVY ZONING EITHER SIDE. MY PROPERTY WILL SERVE OUR COMMUNITY AS A TRANSITION IS THE WORD MR. SMITH USED, PROPERTY. LET'S SEE WHAT ELSE I HAD. ALL RIGHT, I AM A FINANCIAL ADVISOR IN TOWN AND WITH EDWARD JONES.

I'M NOT GOING TO DO RECONSTRUCTION TO THE EXTERIOR EXCEPT FOR WHAT IS REQUIRED BY CITY, PUT IN THE SIDEWALKS, IF YOU SAY WE NEED A NEW EXIT. MY CONTRACTOR WHO HAS 40 PLUS YEARS OF EXPERIENCE IN ABILENE IS WELL VERSED WITH CITY CODE AND WILL WORK WITH YOU ON THAT TO COMPLY I WANTED TO LET YOU KNOW I'M HERE AND I THINK IT'S A GREAT OPPORTUNITY FOR PLANNING AND ZONING TO CONSIDER THE PROFESSIONAL'S OPINION TO

APPROVE THIS. >> IS THIS YOUR RESIDENCE OR ARE

[00:35:01]

YOU BUYING THIS PIECE OF PROPERTY?

>> I OWN IT BUT DO NOT CURRENTLY LIVE IN IT. I LIVE ELSEWHERE IN

ABILENE. >> ANY OTHER QUESTIONS? THANK

YOU, SIR. >> THANK YOU.

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

>> YES, MY NAME IS MARK MILLER, LANE IS MY SON. I'M OBVIOUSLY HERE BECAUSE HE'S MY SON. THAT'S MY NUMBER ONE COMMENT. I ALSO WORKED WITH EDWARD JONES THE LAST 33 YEARS. I HAVE A RESIDENTIAL OFFICE THAT IS OVER ON NICE PIECE OF PROPERTY. IF YOU LOOK AROUND AS FAR AS THE COMPANY IS CONCERNED, JUDD POWELL'S PLACE ON SAILS, COAL'S PLACE ON -- I CAN'T THINK OF THE NAME OF THE STREET BY THE HOSPITAL. HENDRICKS, ANOTHER ON TREADWAY, YOU'LL FIND OUTED EDWARD JONES HAS BEEN A VERY GOOD NEIGHBOR AS FAR AS BUILDING OFFICES OR TURNS RESIDENCES INTO OFFICES. PLUS I OWN PROPERTY MYSELF ON THE CORNER OF BUFFALO GAP ROAD ACROSS FROM THE FIRE DEPARTMENT WHICH IS CURRENTLY RESIDENTIAL AND I WAS HERE TO SEE WHAT IT TAKES TO ASK FOR RESIDENTIAL CHANGE. I'M CONSIDERING THE SAME DIFFERENCE WITH ANOTHER PIECE OF PROPERTY

CLOSE TO THAT NEIGHBORHOOD. >> ANY QUESTIONS? THANK YOU.

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

>> COME ON, SIR. >> LANE MILLER, I FORGET ONE THING. IF YOU'RE NOT FAMILIAR WITH EDWARD JONES, IT'S ME AND ONE OTHER EMPLOYEE. TWO VEHICLES, PARKED UNDER THE CARPORT, NOT VISIBLE TO ANTILLEY AND AT MAX WE'LL HAVE TWO CLIENTS OR VEHICLES PARKED IN THE DRIVEWAY OR PARKING LOT. SO VERY LOW TRAFFIC. I FORGET TO ADD THAT.

>> THANK YOU. >> COME ON, MA'AM.

>> GOOD AFTERNOON. I'M SHAWN IN A ABERNATHY, A REAL ESTATE BROKER HERE IN TOWN. I REPRESENTED MR. MILLER ON THE PURCHASE OF 3702 ANTILLEY AND I HAVE A STAKE IN THE GAME. I MANAGED THIS PROPERTY IN YEARS PAST, PROBABLE FROM 2016 TO ABOUT 2020. IT WAS A TOUGH RENT. IT WAS A TOUGH RENT BECAUSE A LOT OF PEOPLE THAT WANT -- I SHOWED THEM THE HOUSE, LOVED THE PROPERTY BUT BEING SO CLOSE TO ANTILLEY, THEY DIDN'T WANT THAT KIDS IN THE FRONT YARD. THAT ZONING CHANGE IS IDEAL BECAUSE IT SHOULD BE NEIGHBORHOOD OFFICE. I APPRECIATE MISS BROWN'S HISTORY ON ANTILLEY ROAD AND ALL THE GOOD THINGS SHE HAD WHEN SHE WAS A LITTLE GIRL AND LANE'S NOT GOING TO KNOCK IT DOWN AND BUILD AN 8,000 SQUARE FEET BUILDING, HE'S GOING TO ADD A PARKING LOT IF YOU KNOW ANYTHING ABOUT COMMERCIAL SPACE IN ABILENE, PARKING IS PRECIOUS. FOR HIM TO HAVE ROOM IN FRONT AND ALSO IN THE BACK FOR PARKING WOULD MAKE THIS OFFICE IDEAL. ALSO, I AM CURRENTLY LISTING THE PROPERTIES, THE TWO LOTS BEHIND 3702. LOTS 2 AND 3 ON HARBORTOWN. THOSE PROPERTIES ARE OWNED BY PETER CASEY. I WISH HE WOULD HAVE BROUGHT IN HIS -- NOT OPPOSITION BUT IN FAVOR OF BECAUSE HE CALLED AND ASKED ME. HE GOT THE LETTER FROM YOU GUYS, SHOULD WE REZONE THIS. HE ASKED ME ABOUT IT AND I'M LIKE NOTHING HAPPENS UNTIL SOMEBODY SELLS SOMETHING.

>> HE'S IN THE NOTIFICATION ZONE?

>> YES, PETER CASEY IS LISTED AT THE OWNER. ACTS PROPERTY. I THINK I'VE GOT TWO BUILDINGS, THREE ON BUFFALO GAP ROAD AND YOU GUYS REZONED EVERY SINGLE ONE OF THOSE FOR US AND TURNING THEM FROM RESIDENTIAL TO COMMERCIAL. SOME DAY I THINK BUFFALO GAP ROAD WILL BE ALL COMMERCIAL OR ALL OFFICE. I THINK THAT'S PROBABLY WHAT'S GOING TO HAPPEN TO ANTILLEY. I THINK THAT'S GOOD FOR BUSINESS IN ABILENE. SO I DON'T HAVE A STAKE IN THE GAME AS A NEIGHBOR BUT I CENTER AM IN FAVOR OF THE

ZONING CHANGE. >> DO YOU KNOW IF MR. CASEY IS PLANNING TO REDEVELOP THOSE LOTS?

>> WE HAVE THEM ON THE MARKET AS REGULAR CITY LOTS. THAT'S I THINK -- PETER'S PLAN IS IF HE DOESN'T SELL THE LOTS, FOR SOMEONE TO BUILD THEIR OWN CUSTOM HOME, THAT HE WILL BUILD.

>> OKAY. >> SO THOSE ARE INTENDED TO STAY

RESIDENTIAL? >> YES, HE DOESN'T HAVE ANY -- INTENTION OF CHANGING THAT AS FAR AS I KNOW.

>> OKAY. >> ANY OTHER QUESTIONS? THANK

YOU, MA'AM. >>> ANYONE ELSE CARE TO SPEAK TO THIS ITEM? IF SO, PLEASE COME FORWARD. SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING. DISCUSSION FROM THE COMMISSION OR A POSSIBLE MOTION? DO WE THINK THIS IS A -- AN

[00:40:01]

APPROPRIATE USE OF THIS PARTICULAR PROPERTY?

>> I LIVE OVER HERE CLOSE, MOY WIFE IS IN LINE TO PICK UP OUR KINDERGARTENER AT THIS EXACT MOMENT. I CAN SEE HOW IT WOULD BE A DIFFICULT PROPERTY TO SELL OR RENT BECAUSE OF THAT.

BECAUSE OF THE TRAFFIC AND THE INCREASED TRAFFIC ON ANTILLEY.

LEGIT, IT'S STILL WHERE THE METHODIST CHURCH IS. THIS WOULD BE A MORE COMMERCIAL CORRIDOR FOR THAT. I DO THINK IT DIFFERS FROM THE TWO MEDICAL OFFICES FURTHER UP ANTILLEY JUST IN THE WAY THAT THE POSITION AND SHAPE -- I FEEL FOR THE TWO RESIDENTIAL LOTS THAT ARE DIRECTLY FACING THIS POTENTIAL COMMERCIAL PROPERTY. THAT'S DIFFERENT THAN THE OTHER TWO FURTHER DOWN ANTILLEY. HOWEVER, I DO THINK THAT THIS IS THE MOVEMENT ON A GOOD PORTION OF BUFFALO GAP ROAD AND ANTILLEY, ESPECIALLY IF THAT OTHER COMMERCIAL CHUNK NEXT TO THE CREDIT UNION CONTINUES TO DEVELOPMENT, THE FOOD LION PROPERTY, THE CORNER LOT TO BE A H-E-B GAS STATION, THIS IS JUST GOING TO BECOME A BUSIER, MORE COMMERCIAL CORRIDOR RIGHT HERE AT THIS INTERSECTION. SO MY INCLINATION WOULD BE TO APPROVE IT AND I WOULD MAKE SUCH A MOTION BUT I'M HAPPY TO HEAR

FROM ANYBODY ELSE ELSE. >> BEFORE YOU MAKE YOUR MOTION,

CLINT? >> I'M ON THE FENCE HERE BECAUSE I KIND OF AGREE WITH MISS BROWN, THIS IS KIND OF SPOT ZONING.

BUFFALO GAP ROAD DEVELOPED IN THE WAY IT DEVELOPED AND WE DIDN'T HAVE WHAT I CALL SUBDIVISIONS ACROSS THE ROAD FROM EACH OTHER AND HOUSES THAT FACE ON STREETS THAT TIE INTO ANTILLEY ROAD ON BUFFALO GAP ROAD NECESSARILY AS THE WAY THIS IS. THIS SHORT SECTION HERE FROM I GUESS PEBBLE BEACH, FROM CHAMPIONS DRIVE TO PEBBLE BEACH, I DON'T SEE THAT DEVELOPING.

THAT PIECE DEVELOPING LIKE BUFFALO GAP ROAD. YEAH, FROM PEBBLE BEACH EAST, YEAH, IT'S GOING TO DEVELOP MOST LIKELY COMMERCIAL AND THOSE HOUSES WILL GET SOLD ON THE SOUTH SIDE. I JUST DON'T SEE THIS PARTICULAR SECTION -- I SEE THIS PARTICULARS SECTION STAYING THAT WAY. CHAMPION IS NOT GOING TO CHANGE BECAUSE THE HOUSES BACK UP THERE AND THE FENCE IS THERE SO YOU KNOW, IF YOU'RE GOING TO DO ANYTHING, NEIGHBORHOOD ZONING WOULD BE THE RIGHT THING BUT IT SEEMS LIKE IT IS SPOT ZONING.

IT'S -- THIS SECTION IS JUST NOT GOING TO DEVELOP LIKE BUFFALO

GAP ROAD DEVELOPED. >> WHETHER THIS IS APPROVED OR NOT, IN YOUR OPINION IT'S NOT GOING TO CHANGE THE NATURAL

COURSE. >> NOT PERTAINING TO PEBBLE BEACH. THE REST OF ANTILLEY -- I THINK THE REST OF ANTILLEY FROM PEBBLE BEACH EAST WILL DEVELOP LIKE BUFFALO GAP ROAD.

>> I THINK IF THE LOTS WERE FACING TOWARDS HARBOR TOWN RATHER THAN ANTILLEY AND HAD THE ROCKWALL THE WAY THE ONES ON CHAMPION SIDE DO, THAT DEFINES THE SUBDIVISION AND FACES IT TOWARDS OTHER HOUSES RATHER THAN THE CORRIDOR, I WOULD PROBABLY

FEEL THE EXACT SAME WAY. >> ANY OTHER COMMENTS?

>> I'LL GO -- >> GO AHEAD.

>> ABOUT SEPARATION AND BUFFER ZONING AROUND THIS THING NOW THAT IT'S GOING TO CHANGE. JARED WILL STILL HAVE THE BUFFER AND WE HAVE TO PUT SOME LANDSCAPING OUT ON THE TWO STREETS OR WHAT'S GOING TO HAPPEN?

>> THAT'S CORRECT. BEFORE MR. MILLER WILL RECEIVE A CERTIFICATE OF OCCUPANCY IN ORDER TO OCCUPY WHAT IS A RESIDENCE AS AN OFFICE, HE'LL NEED TO SUBMIT A MAJOR SITE PLAN FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE AT WHICH POINT WE'LL NAIL DOWN ANY IMPROVEMENTS TO BRING IT UP TO CODE FOR COMMERCIAL BUSINESS, ONE OF WHICH IS A LAND USE BUFFER. HE WILL BE REQUIRED TO EMPLOY A TYPE A LAND USE BUFFER AROUND THE ENTIRE NORTHERN AND EASTERN-MOST PROPERTY LINES OF THIS PROPERTY. SO YES, A LAND USE BUFFER WILL BE REQUIRED IF YOU CHOOSE TO APPROVE AND CITY COUNCIL APPROVES. HE WOULD HAVE TO HAVE A SITE PLAN.

>> WHAT ABOUT THE SIDEWALKS AND LANDSCAPING ON ANTILLEY AND

HARBOR TOWN. >> ALL THAT COMES INTO PLAY,

SIDEWALKS AND LANDSCAPING. >> OKAY. ANY OTHER COMMENTS?

WHAT IS EVERYBODY ELSE THINKING? >> THE ONLY THING I WOULD SAY IS I THINK IF I WERE IN 22 OR 24, WE CAN SPEAK WITH -- THAT MIGHT NOT BE GREAT FROM THEM BUT WE HEARD NOTHING IN OPPOSITION AND I THINK IF THEY FELT STRONGLY EITHER WAY, THAT WOULD BE SOMETHING THAT WE WOULD RESPOND TO.

>> THOSE COULD BE RENT HOUSES. >> THAT'S TRUE. BUT THEN I

[00:45:02]

WOULD ALSO SAY, I THINK THAT NEIGHBORHOOD OFFICE DESIGNATION DOES WELL IN PLACES LIKE THIS. PLALIKE LIEDLE WAY, THEY HAVE AT OF -- YOU MIGHT RATHER THAT KIND OF A QUITE EDWARD JONES OFFICE WITH A FEW PEOPLE THERE DURING THE DAY AND NO ONE THERE AT NIGHT ON THE WEEKEND, IF WE'RE TALKING ABOUT A MOVE TO GENERAL RETAIL. I THINK THAT WOULD BE T REASON I'M SUPPORTIVE.

>> SOMETHING, IF YOU DON'T MINORED ME ELABORATING.

NEIGHBORHOOD OFFICE IS A ZONING DISTRICT WE ADOPTED FOR THIS INSTANCE. WHENEVER THERE'S A CORRIDOR OR A MAJOR ROAD THAT'S APPROPRIATE FOR COMMERCIAL USE, AND IT HAS CLOSE PROXIMITY TO RESIDENCES, THIS IS THE REASON WE ADOPTED NEIGHBORHOOD OFFICE AND NEIGHBORHOOD RETAIL ZONES. THERE ARE REASONS WE INCORPORATE LAND USE BUFFERS, TO MITIGATE ANY NUISANCE THAT MAY COME ABOUT SO JUST A TIDBIT TO CHEW ON. AS FAR AS THE ARGUMENT ABOUT THESE PEOPLE'S BACKYARDS FACING THIS BUILDING OR THIS OFFICE, JUST ALONG CHAMPIONS DRIVE, THEIR BACKYARD FACES GENERAL RETAIL.

THAT COULD BE H-E-B NEXT YEAR. >> THEY WERE FURIOUS WHEN IT

HAPPENED. >> IT'S NOT MUCH DIFFERENCE AND THEY CAN DO THAT BY RIGHT TOMORROW. A LITTLE BIT OF

INFORMATION TO THINK ABOUT. >> WHEN IT WAS A F FOOD LION, TT

WAS A BIG DEAL. >> MA'AM, I'VE CLOSED THE PUBLIC HEARING. UNLESS ONE OF THE COMMISSIONERS WANT ME TO REOPEN

IT, I'LL LEAVE IT CLOSED. >> ANY OTHER QUESTIONS WHILE I'M

HERE? >> NO, THANK YOU.

>> THANK YOU. >> OKAY. LET'S SEE. YOU WERE

ABOUT TO -- BRAD, MAKE A MOTION? >> IS THERE ANY MORE COMMENTS?

>> I'M JUST GOING TO SAY I'M KIND OF LIKE CLINT, A LITTLE BIT ON THE FENCE WITH THIS ONE. IT FEELS APPROPRIATE TO MAKE THIS CHANGE BASED ON WHERE IT'S LOCATED AND IT'S REALLY FACING ANTILLEY, THE PROPERTY IS. BUT IT IS, ADD BRAD MENTIONED, YOU'VE GOT TWO HOUSES THAT FACE IT ON HARBOR TOWN, AND THAT'S A DIFFERENT SCENARIO THAN THE OTHER COMMERCIAL PROPERTIES GOING EAST ON ANTILLEY SO IT'S -- I'M A LITTLE TORN ON WHICH DIRECTION BUT I'M LEANING TOWARDS APPROVAL SIMPLY BECAUSE I THINK IT'S THE RIOTOUS LONG TERM FOR THIS PROPERTY, ESPECIALLY AS CLOSE AS IT IS TO BUFFALO GAP ROAD. YOU'VE GOT THE OTHER COMMERCIAL PROPERTY, THE OFFICE THAT ON THE SOUTHWEST CORNER FROM THIS. IT'S RIGHT THERE ON THE CUSP.

>> WELL, LET'S SEE. LET'S SEE. >> CLINT, I DON'T KNOW IF THIS HELPS BUT TO YOUR POINT, I LOOKED UP AND BOTH 22 AND 24 ARE

OWNED BY THE OCCUPANTS. >> OKAY.

>> I'M SORRY? >> THE OCCUPANTS.

>> OKAY. SO IT'S NOT A RENTAL PROPERTY.

>> DOESN'T APPEAR TO BE. >> UNLESS THEY SUBLEASE IT BUT

DOESN'T APPEAR. >> LET'S SEE.

>> BRAD, GO AHEAD. >> I'LL MOTION TO APPROVE.

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

>> SECOND. >> MOTION TO APPROVE AND SECOND.

>> MR. BARNETT. >> YES.

>> MR. BENHAM. >> YES.

>> MR. ROSENBAUM. >> YES.

>> MR. NOONAN. >> YES.

>> REVEREND LANKFORD. >> NO.

>> MR. FAMBLE. >> YES.

>> THE MOTION TO APPROVE CARRIES.

>>> NEXT ITEM ON THE AGENDA Z-2021-02. A DISCUSSION TO

[9. Z-2021-02]

PUBLIC HEARING ON REQUEST FROM PATTIE HOLLINGSWORTH AND MATTHEW GJERSTAD TO REZONE PROPERTY FROM AGRICULTURE OPEN SPACE AO TO RESIDENTIAL SINGLE FAMILY, RS6, DISTRICT, LOCATED APPROXIMATELY 0.79-ACRE AT 5526 AND 5534 HIGHWAY 277, APPROXIMATELY 0.62 MILES SOUTHWEST FROM TEXAS AVENUE'S INTERSECTION WITH HIGHWAY 277. LEGAL DESCRIPTION BEING APPROXIMATELY 0.79-ACRE OUT OF WILLIAM BISHOP SURVEY 43 IN ABILENE, TAYLOR COUNTY,

TEXAS. >> THANK YOU. SHERYL SOUERS, PLANNING SERVICES MANAGER. TO THIS CASE, Z-2021-02, REZONE APPROXIMATELY .79 ACRES CURRENTLY AGRICULTURE OPEN SPACE TO RESIDENTIAL FAMILY RX6. THE OCCUPANTS ARE THE OWNERS AT 5534 AND 353526, HIGHWAY 277 SOUTH LOCATED A LITTLE OVER HALF MILE SOUTH OF TEXAS AVENUE AND HIGHWAY 277. A LITTLE

[00:50:04]

BACKGROUND. THE TWO PROPERTIES WERE ANNEXED INTO THE CITY IN 1959 AND BOTH HAVE OCCUPIED RESIDENCES ON THEM AT THAT TIME IN 1974 THEIR HOMES ARE WERE ZONED AGRICULTURE OPEN SPACE, WHICH IS PRESENT ZONING FOR BOTH PROPERTIES. YOU CAN SEE ON THE SLIDE, THE YELLOW CROSS HATCHES REPRESENT THE TWO PROPERTIES WHO SHARE THE DRIVEWAY OFF HIGHWAY 277 SOUTH WITH A THIRD PROPERTY TO THE WEST. IN 2005 THE RESIDENCE AT -- WAS DEMOLISHED. THE OWNER OF THE PROPERTY WOULD LIKE TO BUILD A HOME BUT IN ORDER TO OBTAIN BUILDING PERMIT A SUBDIVISION PLAT MUST BE APPROVED BUT THE APPLICANT DOES NOT MEET THE SIZE REQUIREMENT BUT CAN MEET THE MINIMUM RX6 STANDARDS FOR THAT LOT SIZE. A MAP OF THE PRESENT ZONING, THE BLACK CROSS HATCHED SECTIONS DEPICT THE SUBJECT PROPERTIES JUST SOUTH OF THAT, A P.D. AND ACROSS THE STREET IS OFFICE ZONING. HERE'S A USE SLIDE FOR THE RESIDENTIAL AREA AS YOU CAN SEE. THERE'S A DWELLING THAT CAN BE CONSTRUCTED IF REZONED TO RX6. THESE ARE THE SUBJECT PROPERTY PHOTOS. YOU CAN SEE THE SHARED DRIVE FROM 277 AND THEN ALSO THE VACANT PROPERTY BETWEEN THE TWO HOUSES AND THEN THE NEIGHBORING PROPERTY TO THE NORTH IS CURRENTLY USED AT AGRICULTURAL SPACE. STAFF SENT NOTIFICATION TO THE PROPERTIES WITHIN A TWO FOR THE RADIUS AND RECEIVED TWO IN FAVOR AND ZERO IN OPPOSITION STAFF REVIEWED IT PURSUANT TO SECTION 1.4.1.4 OF THE LAND DEVELOPMENT CODE AS WELL AS WITH CONSISTENCY OF THE COMPREHENSIVE PLAN AND FUTURE LAND USE AND DEVELOPMENT PLAN MAP AND FOUND IT CONSISTENT. STAFF RECOMMENDS APPROVAL AND I'D BE HAPPY TO TAKE QUESTIONS.

>> ARE THEY CONSIDERING PLATTING ALL ONE LOT?

>> NO, THEY HAVE TO DO A SUBDIVISION PLAT AND IT WILL CARVE OUT 5534 TO BE ITS ITS OW THEY WOULD HAVE TO SEEK CITY COUNCIL APPROVAL. THE TWO PROPERTIES THERE WOULD USE A ACCESS EASEMENT FROM THE PROPERTY THAT IS JUST NORTH TO

GET TO 277 SOUTH. >> SO THEY HAD TO PLAT THAT -- AN EXCEPTION IN CITY COUNCIL. THEY WOULDV TO GET A SPECIAL APPROVAL TO CHANGE FROM LAND DEVELOPMENT CODE RULES FOR THAT.

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

>> MY NAME IS PATTIE HOLLINGSWORTH AND I HONER OWN THIS PROPERTY. MR. GRISWALD TO THE WEST IS MILITARY AND OVERSEAS AT THE CURRENT TIME. THE -- I DID HAND IN MY IN FAVOR OF AND THAT WOULD BE AT 5534 HIGHWAY 277, THE PROPERTY UNDER SUBJECT, WOULD BE IN FAVOR. THAT WOULD BE THREE IN FAVOR.

THIS PART OF THIS PROPERTY, THE LARGER AREA TO THE SOUTH OF 5534, THAT PROPERTY HAD BEEN IN MY FAMILY AND MY GRANDFATHER BUILT THE ORIGINAL HOME ON THAT PROPERTY. AND THEN IT WAS SOLD TO MR. EDDIE BROWER. MY GRANDFATHER BUILT THE HOUSE AT 5542, THE HOME THAT BURNT DOWN ON SUBJECT PROPERTY AT 5534 AND THE HOME AT 5526. I'M PASSIONATE. I'M RIGHT HERE IN PART OF MY LIFE THAT I KIND OF WANT TO GET BACK TO MY ROOTS. I LIVED IN ABILENE MOST OF MY LIFE. NOT THE FIRST SIX YEARS BUT SINCE THEN. SO I'M A LONG TIME ABILENE GIRL. AND I JUST

[00:55:02]

HAVE A PASSION ABOUT BEING CLOSER TO MY ROOTS, CLOSER TO HOME. SO I WOULD LIKE TO BUILD AND HAVE A HOME BUILT ON THIS PIECE OF LAND. AND THE -- I DO UNDERSTAND THAT THERE IS AN EASEMENT OFF 277, THAT'S THE CLECHEY ROAD ON THE ONE SLIDE YOU SAW THAT GOES OVER AND THROUGH EACH PIECE OF PROPERTY, SO NO PIECE OF PROPERTY IS WITHOUT ACCESS TO THEIR PROPERTY. IT ALSO SERVES AS A BUFFER FOR THE LAND DUE NORTH THAT IS A LARGE TRACT OF LAND THAT CAN CURRENTLY FOR SALE IN THE AREA. YOU SEE THAT THE LAND'S OWNER, MR. BROWER, HAS SIDED IN FAVOR OF THIS PROPOSAL AND HE WOULD BE THE ONE THAT'S TO THE NORTH, THE GREEN DO THE TO -- I'M SORRY, TO THE SOUTH AND TO THE WEST WOULD BE THE LAND OWNER, ALSO THE ONE THAT OWNS THE LARGE TRACT TO THE NORTH. SO I THANK YOU FOR YOUR TIME AND CONSIDERATION. AND -- THANK YOU.

>> 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.

>> THIS WOULD BE A PRIVATE DRIVE INTO TWO RESIDENCES, IS THAT HOW

WE WOULD DO THAT? >> THERE ARE TWO RESIDENCES THAT IS WOULD BE BASICALLY AN ACCESS EASEMENT GRANTED FOR THEM TO BE ABLE TO DO THAT, UNLESS WE COME BACK AND THERE'S BEEN A PIECE OF LAND SOLD AND THERE'S A DIFFERENT ACCESS EASEMENT CRATED

FOR THE HOMES TO THE WEST. >> ROADS AND SIDEWALKS, THEY'LL

CONTINUE, RIGHT? >> RIGHT.

>> THERE IS SOMETHING THAT I BELIEVE THAT WE HAVE TALKED WITH TXDOT ABOUT AND THE CITY ENGINEERING BUT AS FAR AS I UNDERSTAND, THEY WOULD HAVE TO GET APPROVAL FROM THE CITY

COUNCIL. >> WITH THOSE TWO DRIVESES ARE, THEY'RE TOO CLOSE TOGETHER FOR TXDOT.

>> THEY DON'T NORMALLY TAKE AWAY EXISTING ACCESS. THEY DON'T NORMALLY GRANT ACCESS THAT CLOSE TOGETHER.

>> BUT THAT WOULD BE A TXDOT QUESTION.

>> YES. >> MA'AM, I'VE CLOSED THE PUBLIC HEARING, UNLESS ONE OF THE COMMISSIONERS TELL ME I CAN OPEN

IT. >> YEAH, NO, I'M SORRY. I JUST -- ZONING IS EASY. TO ME IT'S -- THAT'S OKAY WITH THE ZONING. I THINK THE PLATTING AND OTHER THINGS WILL BE TOUGH.

>> OKAY, SO I'VE CLOSED THE PUBLIC HEARING, MA'AM. ANY

OTHER COMMENTS, QUESTIONS? >> I AGREE, MOTION TO APPROVE.

>> I HAVE A MOTION TO APPROVE. >> SECOND.

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

>> YES. >> BUILD BENHAM.

>> YES. >> BUILDR MR. ROSENBAUM.

>> YES. >> MR. NOONAN.

>> YES. >> REVEREND LANKFORD YES.

>> MOTION TO APPROVE CARRIES. >> TC2021-1, PUBLIC HEARING ON

[10. TC-2021-01]

REQUEST FROM LEONOR RIVERA, AGENTS ANTON AND FRANCESCA BARNETT, TO ABANDONED THE PUBLIC RIGHT OF WAY, 40 FEET OF SUNRISE AVENUE BETWEEN MINDA DA STREET ON THE SOUTH AND HALEY STREET ON THE NORTH AND LOCATED APPROXIMATELY 650 FEET EAST FROM T&P LANE IN EAST CENTRAL ABILENE.

>> GOOD AFTERNOON, EVERYONE, I'M NICK WATTS, A PLANNER FOR THE CITY STAFF. I'LL PRESENT THIS CASE, 2021-91, THE REQUEST IS FOR ABANDONMENT OF A 40-FOOT UNIMPROVED RIGHT OF WAY. WE SENT NOTIFICATIONS OF THIS CLOSURE TO EVERYONE WITHIN A 20D TWO IN FAVOR AND ZERO IN OPPOSITION.

>> THIS PARTICULAR SECTION OF SUNRISE AVENUE WAS PLATTED IN 1937. AND IT WAS A 40 -- IT WAS INTENDED TO BE A 4E POINT. IT WAS IMPROVED WITH CA LEECHEE BUT SINCE THEN IT'S OVERGROWN. THIS IS THE PROPOSED CLOSURE, SUNRISE ARREST AVENUE.

IT'S CLECHEY BASED, HIGHLIGHTEDDED IN YELLOW. THE APPLICANTS INTEND TO -- WANTING TO ABANDON THIS THOROUGHFARE TO

[01:00:07]

INCORPORATE THIS LAND WITHIN THE NEIGHBORING PROPERTIES, INCLUDING PROPERTIES ARE ALL ZONED RESIDENTIAL, RS6, TO BE SPECIFIC. MINDA IS A COLLECTOR STREET, IT LEADS TO T&P LANE.

THIS IS TWO VIEWS OF THE SUBJECT THOROUGHFARE. YOU CAN SEE IT IS COMPLETELY UNIMPROVED. THESE ARE THE NEIGHBORING PROPERTIES IN QUESTION. THOSE TO THE NORTH, A HEAVY INDUSTRIAL. THEY ARE MANUFACTURING OF STEEL GOODS. THESE ARE THE NOTIFICATION AREA MAPS AND IT INDICATES THE TWO IN FAVOR.

STAFF FOUND THIS CONSISTENT WITH THE COMPREHENSIVE PLAN OF FUTURE LAND USE AND DEVELOPMENT AND IT WAS REVIEWED PURSUANT TO SECTIOT CODE, CRITERIA FOR APPROVAL. THE RECOMMENDATION IS IT'S SATISFACTORY. THE ONLY THING IS THERE ARE SOME AEP POWER LINES THAT RUN THROUGH IT AND SEVEN LINK HAS LINES THROUGH IT AS WELL BUT ALL THOSE EASEMENTS WILL BE ADDRESSED DURING PLAT.

IT'S NOT APPROVED UNTIL FORMALLY PLATTED. STAFF RECOMMENDS

APPROVAL. >> ARE THE ADJACENT LAND OWNERS

LOOKING TO SPLIT IT EQUALLY? >> YES, THE THOROUGHFARE CLOSURES WOULD BE SPLIT BETWEEN THE ADJACENT PROPERTY OWNERS.

THEY INTEND TO FENCE ACROSS IT AND USE IT FOR THEIR PROPERTY.

>> SO ALL FOR PROPERTY OWNERS ARE IN ON THIS?

>> NO. THE ONLY -- THE APPLICANTS ARE SIMPLY -- THE OWNER, LEONOR RIVERA AND THERE'S THE AGENTS, ANTON AND FRANCESCA BARNETT. THEY'RE HERE TODAY TO SPEAK.

>> I'M SORRY, WHAT PROPERTIES -- WHO IS REQUESTING THIS? SHOW ON

THE PROPERTIES HERE. >> YES. IT IS -- LET ME SEE.

866 MINDA STREET. >> GO BACK. IS IT THE OTHER

WAY? OKAY. >> RIGHT THERE.

>>> 866, TO TO THE WEST. >> YES.

>> BUT YOU HAVEN'T HEARD FROM THE OTHER THREE PROPERTY OWNERS?

>> NO. >> SO WE ABANDONED A STREET, AND ONE PROPERTY OWNER TAKES OVER HIS CORNER OF THAT STREET, RIGHT? OR CAN YOU TAKE OVER THE WHOLE HALF.

>> IT WOULD BE HALF AND HALF. TO 20-FOOT TOWARDS THE WEST AND

EAST. >> SO HE COULD TAKE OVER THE QUARTER OF THE STREET. WHAT HAPPENS TO THE OTHER QUARTER IF NOBODY WANTS IT? IS THE CITY STILL OBLIGATED?

>> THE 890 AND I BELIEVE 866, THEY ARE THE ANTON AND FRANCESCA

BARNETT. >> SO THEY OWN BOTH HALVES.

>> YES. >> SO THEY OWN THE TWO

PROPERTIES ON MINDA STREET. >>> BUT ON HALEY, THERE'S NOT ANYBODY IN THIS. SO WHAT IF YOU ABANDONED THE WHOLE STREET FROM NORTH TO SOUTH, WHAT HAPPENS TO THE OTHER HALF IF NOBODY WANTS IT? IS THE CITY OBLIGATED TO KEEP UP WITH IT?

>> NO AS A CLOSURE, THE CITY CITY OFABILENE IS NO LONGER --

>> SO THE TWO OWNERS AT THE NORTH, THEY GET EACH HALF OF IT JUST BECAUSE WE'RE ABANDONING IT?

>> YES, CORRECT. >> BUT THEY HAVE TO CLAIM IT,

REPLAT THE PROPERTY TO CLAIM IT? >> IT WILL BE DONE DURING THE

PREPLAT PROCEDURE. >> DO WHAT?

>> DURING THE REPLATING. >> THE TWO TO THE NORTH AREN'T

IN THIS. SO ARE THEY -- >> WE DON'T KNOW WHAT THEY WANT.

>> ARE THESE GUYS REPLATING THE WHOLE THING FOR THEM?

>> I BELIEVE SO, YES. THEY'RE JUST GOING TO PLAT THE ACTUAL THAT ARER THOROUGHFARE CLOSURE AND I BELIEVE THE REMAINDER WILL BE GIVEN TO ADJACENT PROPERTY OWNERS. I'M NOT SURE IF ANYONE

ELSE FROM CITY STAFF -- >> SO IN ORDER FOR THEM TO -- IN ORDER FOR THEM TO FORMALLY CLOSE THAT ROAD, THEY NEED TO PLAT THS TO BE PLATTED TO THE ADJOINING LOTS. IN ORDER FOR THAT TO TAKE PLACE, AS YOU ARE AWARE, THE OWNERS OF THE PROPERTIES THAT ARE AFFECTED BY THE PLAT HAVE TO SIGN SAID PLAT. SO THEY'RE

[01:05:07]

ACKNOWLEDGING THEY'RE TAKING OWNERSHIP OF THAT ROADWAY SO WE KNOW LONGER HAVE OUR HANDS INTO IT AS FAR AS THE CITY IS

CONCERNED. >> ARE THE PROPONENTS GOING TO REPLAT 866, 890 ON MINDA AND HALEY STREET AND -- ARE THEY

GOING TO REPLAT ALL OF THAT? >> THEY'LL BE RESPONSIBLE FOR REPLATING ALL OF THAT. HOW THEY DIVVY IT UP IS UP TO THE OWNERS THEY HAVE TO COORDINATE AMONGST THEMSELVES HOW THEY WANT TO DO

THIS, BUT YES. >> IF 897 DOESN'T WANT ANY PART

OF IT AND 829 WANTS ALL 20 FEET. >> OR IF NEITHER OF THEM WANT IT AND WANT TO GIVE IT TO THE APPLICANT, THE APPLICANT WITH CLAIM THAT AS PART OF THEIR PROPERTY.

>> THAT WOULD BE WEIRD. >> VERY WEIRD BUT THEY COULD DO IT. IT'S THEIR MATTER TO DIVVY OUT THROUGH THE PLATTING

PROCESS. >> THIS -- THE REASON I'M HUNG UP HERE IS I DON'T REMEMBER SEEING ANYTHING LIKE THIS.

NORMALLY WE ABANDONED HALF OF STREET AGAINST THE PROPERTY ASKING TO BE ABANDONED BUT NOT ON THE PROPERTY THAT NOBODY

CARES ABOUT. >> WE CAN'T PLOT A DEAD-END STREET THAT WILL NEVER CONNECT THROUGH.

>> THAT'S WHERE I'M HEADING. >> I GET THAT.

IT'S A MATTER THAT WILL HAVE TO BE HASHED OUT THROUGH PLATTING.

JUST BECAUSE YOU APPROVE THIS TODAY DOESN'T MEAN IT'S CLOSED.

IT NEEDS TO BE FORMALLY PLATTED IN ORDER TO RECOGNIZE IT AS A CLOSED ROAD. IF THAT NEVER TAKES PLACE, IT'S NOT CLOSED.

>> PERHAPS THE APPLICANT CAN ACCURACY ADDRESS THIS.

>> WE'LL SEE. >> ANY OTHER QUESTIONS?

>> THEY HEARD MY CONCERN. >> I CERTAINLY UNDERSTAND AS

WELL. >> ABSOLUTELY. I WAS GOING TO ASK WHAT HAPPENS IF THEY DON'T SIGN OFF. WHO WILL GET THAT

PROPERTY. >> GO AHEAD, SIR, WE INTERRUPTED

YOU. >> NO. IT'S OPEN TO YOU GUYS.

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

PRETTY PLEASE. >> GIVE US YOUR NAME, PLEASE AND YOUR ADDRESS FOR THE RECORD. AND THEN TELL US WHATEVER YOU

WANT US TO HEAR. >> OKAY. I'M ANTON AND FRANCESCA BARNETT, LEONOR RIVERA IS MY GRANDMOTHER. SHE'S 90 YEARS OLD AND DOESN'T GET AROUND VERY WELL. BUT TO YOUR QUESTION, ACTUALLY EVERYONE, ALL FOUR -- WELL SHE OWNS THAT SIDE BUT EVERYBODY WAS IN FAVOR BUT THE ISSUE WAS THE COST, WHICH ME AND MY HUSBAND ALREADY COVERED. THAT WAS THE ONLY ISSUE AS FAR AS THAT. SO THEY'RE IN FAVOR, IT'S JUST NOBODY WANTED TO PAY A PORTION.

WE WENT AHEAD AND MOVED FORWARD WITH IT. THE APPLICATION, I EXPLAINED THAT THIS LAND ACTUALLY 866 USED TO BE TWO LOTS. 866 AND 874 AND 890. MY GRANDPARENTS OWNED ALL THREE BUT 874 HAS BEEN ABSORBED INTO 866 NOW. AND WE WERE WANTING TO CLOSE THE STREET IN ORDER TO HAVE A FENCE AT THE BACK OF THE PROPERTY. WITH MY GRANDMOTHER BEING OLDER AND SHE FOR THE MOST PART LIVES BY HERSELF AND I AM ONE OF HER PRIMARY CAREGIVERS, WE DO INTEND TO DEVELOP THE LAND TO PUT A HOME THERE. IT'S ALREADY RESIDENTIAL. IT'S READY FOR BUILDING AND THINGS LIKE THAT. BUT MOSTLY SO THAT ONE OF US IS CLOSER TO HER. IN EMERGENCY, I HAVE LIVED IN THIS NEIGHBORHOOD PRETTY MUCH MY WHOLE LIFE AND I'VE NEVER SEEN -- NONE OF US KNEW IT WAS A STREET UNTIL WE WENT TO SEE ABOUT GETTING THIS DONE. AND THEY SAID IT'S A PLATTED STREET AND WE HAVE TO GO THROUGH A DIFFERENT PROCESS. WE THOUGHT IT WAS AN ALLEY WAY. WE NEVER KNEW IT WAS A STREET. BUT IT HAS A LOT OF SENTIMENTAL VALUE TO ME BECAUSE I GREW UP THERE. MY GRANDMOTHER'S HOME IS THE ONLY HOME THAT'S BEEN A PART OF MY LIFE MY ENTIRE LIFE. IT'S NOT JUST FOR US, IT'S FOR MY KIDS AND MY GRANDMOTHER. MY GRANDFATHER, I'M GRATEFUL THEY MADE IT TO POINT TO HAVE LAND AND TO HAVE SOMETHING FOR THE NEXT GENERATION AND MY GRANDMOTHER'S CHILDREN AND THE GRANDCHILDREN, I'M THE ONLY ONE THAT IS ACTUALLY WANTING TO DO SOMETHING WITH IT. AND SO DEVELOP IT IN THE WAY WE CAN KEEP IT GOING FOR OUR FAMILY FOR MANY GENERATIONS HOPEFULLY TO COME. MY GRANDMOTHER ACTUALLY HAS MOST OF THE HISTORY NOT ONLY FOR 866 AND 890 BUT 902 LOT.

[01:10:03]

ALL OF THAT ORIGINALLY WAS ZONED TO BE A SCHOOL FOR THE BLIND. I HAVE THE ORIGINAL ABSTRACT WITH THE PLOTS AND PLANS AND EVERYTHING GOING BACK TO 1881. WE HAVE ALL THE HISTORY OF THE LAND. AND WE'VE BEEN GOING THROUGH THE PROCESS AND GOING THROUGH PAPERS AND SEEING OUR KIDS GET EXCITED ABOUT SEEING OLD DOCUMENTS. IT MEANS A LOT TO US TO BE ABLE TO NOT ONLY CLOSE THAT FOR HER PROTECTION, JUST BECAUSE -- I MEAN REALLY ANYBODY CAN GO THROUGH THAT I WAY. WE ARE PROPERTY AT 866 IS FENCED BUT WE'RE, LIKE I SAID, HOPING TO FENCE THE BACK SO IT'S NOT RANDOM TRAFFIC COMING THROUGH THERE BUT ULTIMATELY IT'S NOT DEVELOPED. AND WE ARE, LIKE I SAID, HOPING TO DEVELOP IT SO THAT WE CAN HAVE SOMETHING MORE TO PASS ON TO THEM. BUT ALL THE NEIGHBORS ON HAILEY STREET ARE IN FAVOR, BUT LIKE I

SAID IT WAS MORE SO ABOUT THIS. >> AND THEY'VE AGREED TO LET YOU

DO THE REPLAT, BASICALLY? >> WELL, THEY UNDERSTAND IT AS

THEY WOULD GET -- >> YES.

>> A PORTION

YOU. >> THANK YOU, MA'AM. SIR, WOULD

YOU LIKE TO SAY ANYTHING? >> YES. MY NAMES IS JAMES AND I WORK AT OAK CREEK HOMES. I HAVE KNOWN FRANCESCA AND ANTON OVER A YEAR. ONE OF THE THINGS WE'VE BEEN ATTEMPTING TO DO, WE RAN INTO WHAT WE CALL SETBACKS. I TALKED TO BRAD STONE IN PLANNING AND ZONING. IT'S A MODULAR HOME, I WANT YOU TO UNDERSTAND THAT. WE RAN -- WE WERE FOUR FEET SHORT OF THEM BEING ABLE TO PUT THEIR HOME ON THE PROPERTY. IN FURTHER -- WHAT WE DID, WE DID MORE REVIEW AND WE FOUND OUT THAT THIS ALLEY WAY IS NOT USED IT'S VACANT. THE CITY HASN'T MAINTAINED IT SO WE -- ONE OF THE THINGS WE TALKED ABOUT WAS GETTING WITH THE CITY, PLANNING AND ZONING, AND SEEING IF THIS WOULD BE SOMETHING WE COULD DO FOR THEIR FAMILY. THIS PROPERTY HAS BEEN IN THEIR FAMILY SINCE 1881 AND I'M ASKING THE CITY PLANNING AND ZONING, I'M ASKING YOU TO APPROVE THIS. THIS WOULD BE A GREAT THING KNOWING THAT PUTTING A NEWER HOME IN A SUBDIVISION LIKE THAT IS GOING TO -- I THINK IT WILL -- PEOPLE WILL START TO UPGRADE THAT ENTIRE AREA. SO Y'ALL HAVE ANY QUESTIONS, ASK AWAY.

>> WHAT LOT WERE YOU TRYING TO DO THIS ON?

>> 890. WE RAN INTO SIX FOOT OFF THE WEST SIDE, WE RAN UP --

WHAT WAS IT -- >> IT WAS TOO SKINNY.

>> WE WERE FOUR FEET SHORT. YOU'VE GOT TO BE KIDDING ME!

THAT'S WHY WE'RE HERE TODAY. >> OKAY.

>> THEY'RE GREAT FOLKS. >> THANK YOU, SIR.

>> YOU BET. >> 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. >> SO MOVED.

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

>> I'LL SECOND. >> SECOND. WE GOT TWO, PICK

ONE. >> MR. BARNETT.

>> YES. >> MR. BENHAM.

>> YES. >> MR. ROSENBAUM.

>> YES. >> MR. NONEN.

>> YES. >> REVEREND LANKFORD.

>> YES. >> MR. FAMBLE.

>> YES. >> MOTION TO APPROVE CARRIES.

[DIRECTORS REPORT]

>> DIRECTORS REPORT. >> MIKE, WHAT ARE YOU DOING STARTING 2021 WITH THREE UNIQUE CASES?

SAYING HAPPY NEW YEAR. >> HAPPY NEW YEAR.

>> THANK YOU Y'ALL, SO MUCH, MR. CHAIRMAN. YOU HAVE IN YOUR PACKETS THE DIRECTORS REPORT. NOTHING TO REPORT ON THOSE UNLESS Y'ALL HAVE ANY QUESTIONS I BELIEVE THE ONLY NOTEWORTHY ITEM IS ON THE SECOND PAGE, MAYBE IT'S THE SECOND ITEM WHICH WAS THE AUTOMOTIVE BODY SHOP ON SOUTH CLAQUE WHICH THIS BODY RECOMMENDED APPROVAL TO THE COUNCIL AND THE COUNCIL FELT OVER WISE AND APPROVED THAT. ANY QUESTIONS ON THE ITEMS IN THE DIRECTOR'S REPORT? I WOULD LIKE TO REMIND YOU NEXT MONTH'S PLANNING AND ZONING COMMISSION MEETING WILL BE AT THE SOUTH BRANCH LIBRARY AT THE MALL. Y'ALL MAY HAVE ALREADY RECEIVED SOME NOTIFICATION AS TO THAT CHANGE. THEY ARE DOING SOME AUDIO VISUAL IMPROVEMENTS IN THE CHAMBERS AND THIS UNIT WILL NOT BE AVAILABLE FOR OUR USE FOR THE FEBRUARY MEETING. AGAIN, THAT WOULD BE FEBRUARY 2ND I BELIEVE.

>> SAME TIME? >> SAME TIME, JUST AT THE SOUTH

BRANCH MALL LOCATION. >> GREAT.

[01:15:03]

>> THANK YOU Y'ALL. >> DO WE HAVE A COMPREHENSIVE PLAN MEETING COMING UP THAT WE'RE GOING TO BE INVITED TO?

>> NICE SEGUE. >> HE GETS DISMISSED.

>> IN FEBRUARY WE WILL HAVE ANOTHER JOINT MEETING WITH PLANNING AND ZONING AND IT WILL JUST BE WITH OUR C PACK SO JUST OUR COMP HEN ADVISORY COMMITTEE AS WELL AS PLANNING AND ZONING HOWEVER I'VE BEEN WORKING WITH THE COMPREHENSIVE PLAN CONSULTANT AND WE WERE GOING TO TRY TO DO SOMETHING IN JANUARY.

GIVEN THE CURRENT STATE OF OUR COVID NUMBERS, THEY DECIDED WE WOULD HAVE MORE C PACK MEETINGS TO WORK ON AND BRING MORE TO THE PLANNING AND ZONING COMMISSION IN FEBRUARY. GIVEN THAT WE ARE ALSO ABLE TO HAVE AN OPEN HOUSE FOR THE CITY AS WELL IN FEBRUARY, THAT IS THE PLAN AS OF RIGHT NOW. IT WOULD BE A MID FEBRUARY KIND OF MEETING. SO YOU WOULD HAVE YOUR NORMAL FEBRUARY MEETING FOR PLANNING AND ZONING AND AFTER THAT A C PACK MEETING AS WELL. IT IS STILL MOVING ALONG, HOWEVER WE HAVE TO KIND OF HE BE AND BELOW WITH THE CURRENT SITUATION. ANY

OTHER QUESTIONS? >> THANK YOU.

>> BEFORE WE ADJOURN, I WOULD LIKE TO READ A STATEMENT THAT I HAVE PREPARED. IT'S ADDRESSED TO THE MAYOR, CARBON COPIED MIKE

HAPPEN. >>> FIRST LET ME SAY THANK YOU AND TO FORMER MAYOR ARCHIBALD FOR THE APPOINTMENT TO SERVE ON THE PLANNING AND ZONING. SERVING THESE MANY YEARS HAS BEEN A TREMENDOUS LEARNING EXPERIENCE FOR ME. AND IT'S PROVIDED ME A CHANCE TO GIVE BACK TO A CITY AND A COMMUNITY THAT I HOLD DEAR. HOWEVER, THE NEXT PHASE OF MY LIFE WILL INVOLVE MY WIFE AND I MOVING TO THE TOWN OF TRENT WHERE WE WILL ENGAGE IN FULL TIME CHURCH MINISTRY. THEREFORE, EFFECTIVE AS OF THIS DATE I HERE BY RESIGN AS COMMISSIONER WITH THE PLANNING AND ZONING COMMISSION. TO MY FELLOW COMMISSIONERS, MY HOPE AND PRAYER FOR YOU GOING FORWARD IS YOU CONTINUE TO SERVE WITH THE SAME SENSE OF FAIRNESS AND COMPASSION THAT WILL FURTHER HELP ABILENE TO GROW AND DEVELOP AS OUR LORD SEES FIT. BLESSINGS TO YOU AND ALL OF YOU IN YOUR FUTURE ENDEAVORS. SINCERELY, FRED FAMBLE. THAT WAS VERY HARD TO WRITE, MUCH LESS READ, SO I WILL AT THIS TIME CALL US DISMISSED. THANK YOU VERY MUCH THERE'S A COPY I WILL INCLUDE FOR THE MAYOR AND FOR CITY STAFF. THANK YOU VERY MUCH. WE ARE ADJOURNED.

>> THANK YOU FOR YOUR SERVICE, FRED.

* This transcript was compiled from uncorrected Closed Captioning.