[00:00:01]
>>> I'LL CALL THE MEETING TO ORDER. DO YOU WANT PRAY,
[CALL TO ORDER]
[INVOCATION]
PLEASE. >> DEAR LORD GOD, WE THANK YOU FOR THIS DAY AND WE THANK YOU FOR THIS CITY AND THE WONDERFUL PEOPLE WE GET TO SERVE. WE ASK THAT YOU BLESS THIS GROUP WITH WISDOM ASK THAT YOU WILL BE WITH ALL THE CITIZENS HERE AND BE WITH THEIR FAMILIES AND WE THANK YOU FOR THIS TOWN AND FOR THIS DAY WHERE SO MANY NON-PROFITS ARE BEING SUPPORTED AND THE WAY THIS COMMUNITY COMES TOGETHER TO SUPPORT IT'S OWN. WE ASK THAT SOMEHOW THIS MEETING IT TODAY WILL BE PART OF THAT AND THIS WILL BE PART US BUILDING A BETTER ABILENE AND A BETTER TOMORROW. BE WITH THE CONTINUE THE FIGHT AGAINST COVID-19 AND THE WAY IT'S EFFECTED US. WE LOVE YOU AND WE GIVE YOU OUR GOOD DAYS AND OUR BAD DAYS AND WE ASK THAT YOU ALWAYS GUIDE US.
>> WERE YOU HERE WHEN WE INTRODUCED HALEY.
>> HALEY, SHE'S A NEW ATTORNEY WITH THE CITY. IS IT
>> CONGRATULATIONS. >> KELLY'S NOT HERE, HALEY WILL
BE. >> WHERE DID YOU GO TO LAW
SCHOOL. >> WELL, I'M COMING FROM OHIO I WENT TO THE UNIVERSITY OF DAYTON.
>> WHERE DID YOU GO TO LAW SCHOOL IN
>> I WENT TO PEPPER DIME. >> FIRST ITEM ON AGENDA IS THE
[MINUTES]
MINUTES, HAS EVERYBODY HAD A CHANCE TO REVIEW THOSE AND DO YOU HAVE ANY CORRECTIONS OR ADDITIONS THAT YOU WOULD LIKE TOSEE? >> OKAY. MAKE A MOTION TO
APPROVE. >> MOTION TO APPROVE.
>> SEXED. >> THERE'S A SECOND.
>> ALL IN FAVOR, AYE. >> CHORUS OF AYES.
[PLATS]
>> OUR NEXT ITEM SUNSHINE PLATS. THE PLANNING AND ZONING COMMISSION IS THE FINAL FARMING FOR THE APPROVAL OF PLATS.
RECOMMENDING BOARD OF THE CITY. THE DECISIONS OF THIS BOARD MAY BE APPEALED THROUGH THE CITY COUNCIL THROUGH THE OFFICE OF THE CITY ATTORNEY NO LATER THAN 10 DAYS FROM THE DAY OF THIS MEETING. THE PUBLIC IS INVITED TO SPEAK ON ANY ITEM UNDER DISCUSSION ON THE PLANNING AND ZONING COMMISSION. THOSE WISHING TO BE HEARD COME TO THE PODIUM AND STATE THEIR NAME, EACH PERSON IS EXPECTED TO MAKE THEIR PRESENTATION IN NO
LANGUAGER THAN 5 MINUTES. >> THANK YOU, CHAIRMAN, GOOD AFTERNOON I'M JARRED SMITH. FRP LAGS OF THE THOROUGH FAIR ABAN DOMMENT. AS YOU COULD TELL FROM THE PLAT THE ENTIRE EXTENT OF SUNRISE AVENUE IS BEING INCLUDED IN THE WILLIAM ESTATE SUBDIVISION. OF THE LAND DEMENT CODE WHICH ARE THE SUBDIVISION STANDARDS AND THE CITY STAFF IS RECOMMENDING APPROVAL WITH THE FOLLOWING CONDITION, PRIOR TO THE PLAT, CITY STAFF MUST BE FURNISHED WITH A TITLE OPINION OR A TITLE COMMITMENT LETTER PRIOR TO US RECORDING IT BASICALLY CONFIRMING OWNERSHIP OF THE PROPERTY. HAPPY TO HANDS ANY QUESTIONS THAT YOU ALL MAY HAVE AT THIS TIME.
>> ANY QUESTIONS? >> THANK YOU.
>> PUBLIC HEARING, IS THERE ANYBODY THAT WOULD LIKE TO SPEAK
TO THIS PLAT? >> SEEING NONE T I WILL CLOSE THE PUBLIC HEARING AND ASK FOR ANY FURTHER DISCUSSION OR A
MOTION. >> A MOTION TO APPROVE WITH THE
CONDITIONS. >> MOTION TO APPROVE WITH
CONDITIONS, A SECOND? >> SO MOVED.
>> SECOND? >> WE'VE A MOTION TO APPROVE.
>> MISS RUSSEL? >> YES. MISS FLEMING?
[ZONING]
>> YES. >> OUR FIRST ZONING CASE TODAY IS Z 22109 RECEIVE AND REPORT AND HOLD A DISCUSSION AND PUBLIC HEARING ON A QUESTION FROM BETHANY AND CADEN CANAL TO CHANGE ZONING FROM RESIDENTIAL SINGLE-FAMILY TO AN AGRICULTURE OPEN STANLEY SMITH LOCATED AT 1802 TO 1810 HUCKLEBERRY LANE.
>> SERVICES OFFICE, I'M PRESENTING S 221 HSH 09. THE OWNERS ARE BETHANY AND CADEN CANAL. AGRICULTURE OPEN. THE ACTUAL REASON FOR THIS REQUEST IS THE PROPERTY OWNERS WOULD LIKE TO QUARTER LIVE STOCK ON THEIR PROPERTY WITHIN IT'S
[00:05:01]
CURRENT RS 6 ZONES DISTRICT YOU ARE NOT ALLOWED TO HAVE AN ANIMAL LOT. THEY OWN 6.58 ACRES SO IT EXCEEDS THE 5 ACRE MINIMUM FOR OPEN ZONING AND THAT IS THE OVERALL REASONS BEHIND THIS REQUEST. THE LOCATION IS 1802 TO 1810 HUCKLEBERRY LANE. ALL PROPERTY OWNERS TO EVERY PROPERTY OWNERS, WE RECEIVED ONE RESPONSE IN FAVOR AND ZERO IN OPPOSITION. HERE'S ORB LOCATION MAP SHOWING AN AERIAL IMAGE OF THE PROPERTY AS YOU COULD SEE WE'RE ON THE NORTH SIDE OF HUCKLEBERRY LANE RELATIVE TO GRAPE STREET STREET AND HUCKLEBERRY LANE. CURRENT FLOOD MAP SHOWING THAT A PORTION OF THIS PROPERTY IS WITHIN THE 500 YEAR FLOOD. CURRENT ZONES MAP SHOWING THAT THE PROPERTY IS CURRENTLY ZONED RS SIX, OTHER THAN YOU ARE MOSTLY SURROUNDED BY RS SIX ZONING DISTRICTS. ALL THE USES THAT WOULD BE ALLOWED IN AGRICULTURE OPEN ZONING. WITH EITHER A CONDITION USEPERMIT OR PERMITTED BY RIGHT. >> PHOTOGRAPHS OF THIS SUBJECT PROPERTIES AS WELL AS THE NEIGHBORING PROPERTIES.
NOTIFICATION MAP SHOWING THE OVERALL EXTENT THAT THAT AREA, ONCE AGAIN ALL PROPERTY OWNERS WITHIN THAT 200 FOOT RADIUS WERE NOTIFIED OF THIS REQUEST AND WE RECEIVED ONE IN FAVOR AND ZERO IN OPPOSITION. THIS WAS REVIEWED BY CITY STAFF AND WAS FOUND TO BE CONSIST STANDEE WITH THE CONGRESSMEN PREHENCESIVE PLAN AND THE DEVELOPMENT PLAN. THE CRITERIA FOR APPROVAL AND THE CITY STAFF IS RECOMMENDING APPROVAL TO YOU ALL TODAY.
HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE AT THIS TIME.
>> JARRED, I'LL MAKE ONE COMMENT, IF YOU PULL THAT ZONING MAP OUT A LITTLE BIT, FLEAS QUITE A BIT OF AO IN THAT AREA?
>> THAT'S CORRECT, JUST UNDER A QUARTER MILE TO THE WEST THERE'S A LARGE TACK OF LAND THAT IS AO AND OCCUPIED BY AN ANIMAL LOT, IT WOULD NOT BE OUT OF CHARACTER ARE FOR THE AREA WHATSOEVER.
>> ANY QUESTIONS? >> THANK YOU.
>> THANK YOU. >> OPEN TO PUBLIC HEARING, WOULD ANYBODY LIKE TO SPEAK TO THIS ZONING CASE. JUST COME UP
AND GIVE US YOUR NAME. >>> GOOD AFTERNOON, I'M BETHANY ONE OF THE OWNERS WITH AND WE'RE JUST THIS IS OUR FIRST TIME TO BUY PROPERTY, WE HAD JUST PURCHASED IT ABOUT SIX MONTHS AGO AND MY HUSBAND HAS BEEN WORKING VERY HARD TO CLEAN AND IMPROVE THE PROPERTY, IT WAS ALL JUST COMPLETELY OVERGROWN WHEN WE GOT IT IT WAS JUST BASICALLY SIX ACRES OF SOLID FOREST. AND HE'S BEEN WORKING VERY HARD TO GET THAT ALL FENCED IN, AND WE'RE JUST HOPING TO HAVE A SMALL AMOUNT OF LIVE STOCK TO HELP MAINTAIN THE VEGETATION AND JUST KEEP IT NICE. WE WANT TO MAKE THE AREA NICE. WE GOT THAT NEW FIRE STATION NEXT TO US AND IT'S BEEN NEGLECTED AND WE WANTED TO MAKE IT A NICE PLACE
FOR OURSELVES. >> GREAT, ANY QUESTIONS FOR
BETHANY? >> THANK YOU, VERY MUCH, WE
APPRECIATE YOU COMING OUT. >> ANYBODY ELSE?
>> I WILL CLOSE THE PUBLIC HEARING. ANYMORE DISCUSSION OR
A MOTION? >> I'LL MAKE A MOTION TO
>> AND A SECOND. >> MR. BARN NET?
>> YES. >> AND THE MOTION TO APPROVE
CARRIES. >> 202110 RECEIVE REPORT AND HOLD A DISCUSSION AND PUBLIC HEARING ON REQUEST FROM SITES ABB AGENT ENPROTEC/HIBBS & TODD INC. TO ZONING FROM A HEAVY INDUSTRIAL TO A HEAVY COMMERCIAL DISTRICT LOCATED 2249 BUTTERNUT.
>> GOOD AFTERNOON, I'M NICK AND I SERVE AS A PLANNER. I'LL BE PRESENTING THIS CASE, Z 2021 -- 10. ENPROTEC/HIBBS & TODD INC., THE REQUEST IS TO REZONE FROM HEAVY INDUSTRIAL TO HEAVY COMMERCIAL. AND THE MAIN REASON IS TO ALLOW FOR A TEMPERATURE CONTROLLED SELF-STORAGE UNITY WITHIN THAT PROPERTY. WE SENT OUT NOTIFICATIONS TO EVERYONE WITHIN A 200 FOOT BUFFER AND WE RECEIVED ONE IN FAVOR AND ZERO IN OPPOSITION.
[00:10:02]
>> THIS IS THE LOCATION MAP. INDICATING THE PROPERTY STRIPED AND HIGHLIGHTED IN YELLOW IT'S ALONG BUTTERNUT AND SOUTH
TREADWAY AND SOUTH 23RD STREET. >> ASK THERE CLOSE TO THE OTHER
>> THEY HAVE ANOTHER SELF-STORAGE FACILITY THERE.
>> YES, SIR. >> AS YOU'LL SEE FROM THIS SLIDE, THE MAJORITY OF THE PROPERTIES ARE ZONED HEAVY INDUSTRIAL, WE SEE LIGHTER DISTRICTS TO THE WEST WHICH ARE RESIDENTIAL IN NATURE, BUT THE MAJORITY OF THIS AREA ALONG TREADWAY IS ALL HEAVY INDUSTRIAL, THERE'S ONE GENERAL COMMERCIAL ZONING DISTRICT THAT YOU COULD SEE HIGHLIGHTED IN RED. THESE ARE THE PERMITTED USES WITHIN HEAVY COMMERCIAL DISTRICTS. THE MAIN DIFFERENCE BETWEEN HEAVY INDUSTRIAL DISTRICTS AND HEAVY COMMERCIAL DISTRICTS IS THAT HEAVY COMMERCIAL PERMITS MORE TRADES AND SERVICES. SO, THE TRADES WOULD BE RELATED TOWARDS OUAUTO M
MOBILE. SELF STORAGE UNITS. >> THIS IS THE VIEWS OF THE SUBJECT PROPERTY, JUST KIND OF DIFFICULT TO GET PHOTOS FROM THIS AREA, SO WE PROVIDED AN AERIAL VIEW USING ONE OF OUR PROGRAMS, CONNECT AND EXPLORE, YOU COULD SEE THAT FROM THE RIGHT-HAND SIDE. THAT LARGE PROPERTY TO THE EAST IS ACTUALLY AN AUCTIONING COMPANY, THEY AUCTION OFF GOODS. BUT THIS SITE WAS ZONED HEAVY COMMERCIAL SINCE 1974. AND IT'S BEEN OWNED BY THE SAME COMPANY TORE SOME TIME, THEY SOLD PORTABLE BUILDINGS AND CAR PORTS AND THAT PERMITTED USE WAS PERMITTED AT
THAT TIME. >>> ONCE AGAIN, WE SENT OUT NOTIFICATIONS TO EVERYONE, 200 FOOT BUFFER ONE IN FAVOR. AND THAT'S THAT PROPERTY TO THE WEST STAFF FOUND THAT THIS WAS CONSISTENT PURSUANT TO SECTION 1414 OF LAND DEVELOPMENT CODE AND STAFF IS RECOMMENDING APPROVAL. HAPPY TO ANSWER ANY
QUESTIONS. >> THANK YOU, NICK.
>> GOOD. THANK YOU. OPEN TO PUBLIC HEARING, WOULD ANYBODY LIKE TO COME AND SPEAK TO US ABOUT THIS CASE?
>> >> ANYTHING THAT THERE'S TO SAY, WE HAVE A SELF STORAGE FACILITY ACROSS TREADWAY RIGHT THERE, THIS WILL BE A CLIMATE CONTROLLED SELF STORAGE FACILITY. WHEN WE PLAN ON DEMOING ALL THE BUILDINGS ON THE PROPERTY AND STARTING COMPLETELY FRESH WITH THE NEW FACILITY.
>> ANYBODY ELSE? >> I WILL CLOSE THE PUBLIC HEARING AND ANY DISCUSSION OR A MOTION?
>> MOVE TO APPROVE. >> SECOND.
>> MOTION AND A SECOND. >> MR. BAR NET?
>> YES. AND MR. ROSENBALM? >> YES.
>> THE MOTION TO APPROVE CARRIES.
>> REQUEST FROM AGENT ERIC JOHNSON TO ABANDON THE COMPLETE 80 FOOT WIDTH OF PUBLIC RIGHT-OF-WAY AS IT EXTENDS TO 84
EAST. >> MY NAME IS BRAD STONE AND I SERVE ON THE PLANNING SERVICE STAFF HERE FOR THE CITY OF ABILENE. THIS REQUEST IS AS THE CHAIRMAN MENTIONED, TO ABANDON THE PUBLIC'S RIGHT-OF-WAY WITHIN AN 80 FOOT WIDE SEGMENT OF SOUTH 9TH STREET EXTENDING 140 FEET EAST FROM SOUTH TREADWAY BOULEVARD. THIS SLIDE HIGHLIGHTS THE 80 FOOT BY 140 FOOT SEGMENT OF SOUTH 9TH STREET PROPOSED TO BE ABANDONED AT THE CENTER OF THIS AERIAL PHOTO. SOUTH 9TH STREET EXTENDS NO FURTHER EAST FROM THIS POINT NOR HAS IT EVER, AND THERE ARE NO PLANS OR DESIRE FOR SOUTH 9TH STREET TO EVER BE EXTENDED
[00:15:03]
FURTHER EAST. SO, AT FIRST GLANCE, THIS SEGMENT OF SOUTH 9TH STREET MIGHT SEEM TO BE AN ALL TOGETHER GOOD CANDIDATE FOR ABANDONMENT. HOWEVER, A PUBLIC ALLEY, DOES INTERSECT THIS SEGMENT OF SOUTH 9TH STREET AT IT'S FAR EASTERN END. THIS SLIDE SHOWS THE ZONING OF ADJACENT AND NEARBY PROPERTY, ALL ZONED FOR INDUSTRIAL OR HEAVY USE, EVEN THE PLANNED DEVELOPMENT TO THE EAST IS EAR MARKED FOR HEAVY INDUSTRIAL USE.THIS SLIDE SHOWS SOME GROUND LEVEL PHOTOS OF THE SUBJECT PROPERTY AND IT'S SURROUNDINGS, AT THE UPPER LEFT, ONE CAN SEE THE SURFACE ON THIS SEGMENT OF SOUTH 9TH STREET IN THE FOREGROUND. AS YOU COULD SEE THIS RIGHT-OF-WAY IS NOT NOW PAVED, NOR I BELIEVE IT EVER BEEN. ONE CAN SEE AN ELECTRIC POWER SUBSTATION WHICH OCCUPIES A LOT LOCATED NORTH FROM THIS SEGMENT OF SOUTH 9TH STREET'S RIGHT-OF-WAY. AND I WOULD PARTICULARLY POINT OUT AT THE FAR RIGHT SIDE OF THIS PARTICULAR PHOTO ARE TWO TALL POLES WITH ELECTRIC TRANSMISSION LINES FEEDING THAT SUBSTATION. THESE TRANSMISSION LINE ARE PLACED WITHIN THE RIGHT-OF-WAY PROPOSED TO BE ABANDONED. GUIDE WIRES SUPPORTING THESE TRANSMISSION POWER POLLS EXTEND EVEN FURTHER INTO THE RIGHT-OF-WAY PROPOSED TO BE ABANDONED. STICKING WITH THESE GROUND-LEVEL PHOTOS. THE PHOTO IN THE BOTTOM LEFT SHOWS SOUTH 9TH STREET EXTENDING WEST FROM SOUTH TREADAWAY BOULEVARD IN THE DIRECTION OF WHAT WAS FORMERLY LOCAL SCHOOL. THIS PHOTO IS TRANSPOSED SO THAT NORTH AND SOUTH AND SOUTH IS NORTH BUT THE OVERALL EFFECT IS THE SAME. THE PHOTO ON THE RIGHT-HAND SIDE OF THIS SLIDE IS TAKEN AT THE VERY EAST END OF 9TH STREET'S RIGHT-OF-WAY PROPOSED TO BE ABANDONED. THIS PHOTO IS AIMED SOUTHWARD DOWN THE ALLEY WHICH INTERSECTS THIS SEGMENT OF SOUTH 9TH STREET PROPOSED TO BE ABANDONED, THAT IS THIS SEGMENT OF SOUTH 9TH STREET IS PROPOSED TO BE ABANDONED. AS YOU COULD SEE THIS ALLEY AND THE VERY EAST END OF SOUTH 9TH STREET CONTAINS POWER POLES FOR BOTH ELECTRIC DISTRIBUTION ON THE LEFT AND FOR ELECTRIC POWER TRANSMISSION ON THE RIGHT. A CITY SEWER MAIN ALSO EXTENDS NORTH AND SOUTH THROUGH THIS SAME ALLEY WAY AND THROUGH THE EAST END OF 9TH STREET'S RIGHT-OF-WAY. DUE IN LARGE PART THIS TO EXISTING ALLEY WAY AND THESE UTILITIES, CITY STAFF IS INDEED RELUCTANT ANT TO RECOMMEND THE ABANDONING THE ENTIRE RIGHT-OF-WAY REQUESTED TO BE ABANDONED. THIS SLIDE HIGHLIGHTS WITH STRIPING JUST THAT PORTION OF RIGHT-OF-WAY CITY STAFF RECOMMENDS TO BE ABANDONED. CITY STAFF DOES NOT RECOMMEND ABON DONNING THE FAR EAST END OF THIS RIGHT-OF-WAY IN ALIGNMENT WITH AN EXISTING ALLEYWAY AND TO MAKE SURE THIS OTHERWISE DEAD-END ALLEY HAS A PERPETRATOR P PERPENDICULAR ALLEY. THIS EAST/WEST ALLEY OUTLET TO SOUTH TREADAWAY BOULEVARD IS WIDER THAN MOST ALLEYWAYS BUT THAT'S BECAUSE IT MUST ALSO ACCOMMODATE THE POWER TRANSMISSION POLES AND THE GUIDE WIRES THAT SUPPORT THEM AS WELL AS ROOM FOR UTILITY SERVICE TRUCKS TO MANEUVER. EVEN WITHIN THAT SOUTHERN 40-FOOT WIDE RIGHT-OF-WAY RECOMMENDED TO BE ABANDONED, AGAIN IN THE STRIPED AREA, A CITY WATER MAIN EXTENDS EAST TO WEST RIGHT THROUGH IT. SO, CITY STAFF URGES THAT AT LEAST A 20-FOOT WIDE EASEMENT BE RESERVED THEREIN ENSURING ACCESS TO MAINTAIN AND MAYBE ONE DAY REPLACE THAT WATER MAIN. CITY STAFF NOTIFIED 12 OWNERS OF NEARBY PROPERTY NONE OF WHO
[00:20:08]
REMEMBER FORMERLY RESPONDED EITHER IN FAVOR OR OPPOSITION.I WOULD POINT OUT THOUGH THAT THIS REQUEST IS SPEAR HEADED BY ECHO FEEDS WHICH OWNS PROPERTY DIRECTLY TO THE SOUTH AND SOUTHWEST OF THIS RIGHT-OF-WAY REQUESTED TO BE ABANDONED. THE ELECTRIC POWER COMPANY, THAT IS AEP ALSO HAS EXPRESSED A NEED IN WRITING TO MAINTAIN SUITABLE ACCESS TO ALL IT'S FACILITIES.
CITY STAFF RECOMMENDS ABANDONING ONLY THE SOUTHERN 40-FEET OF THE WESTERN 130 FEET OF THE RIGHT-OF-WAY THAT WAS REQUESTED TO BE ABANDONED. AND AS SHOWN ON THIS PREVIOUS GRAPHIC WITH THE STRIPING. RESERVING CRITICAL SEGMENTS OF SOUTH 9TH STREET RIGHT OF WAY IS CONSIDERED NECESSARY TO ENSURE CONTINUED ACCESS FOR EXISTING PUBLIC AND PRIVATE UTILITIES.
IN ADDITION, CITY STAFF RECOMMENDS RESERVING A 20-FOOT WATER LINE EASEMENT OF WHATEVER RIGHT-OF-WAY IS AUTHORIZED TO BE AWAN DONED. AND FINALLY, CITY STAFF RECOMMENDS AN ORDER CONDITION THAT ANY ORDINANCE AUTHORIZING ABANDONMENT OF THIS RIGHT-OF-WAY BE MADE SUBJECT TO APPROVAL AND RECORDING OF A RE-PLAT SHOWING HOW THIS ABANDONED RIGHT-OF-WAY ANT
INTEGRATED WITH THE PROPERTY. >> SO, THE WATER LINE IS ON THE NORTH SIDE, IT'S IN THE RIGHT-OF-WAY, BUT IT'S ON THE NORTH SIDE OF THIS SOUTH PROPERTY? IS THAT WHAT YOU'RE
SAYING? >> NO, IT'S SOMEWHERE WITHIN THE 20 FEET OF THIS ENTIRE RIGHT-OF-WAY.
>> SO IT'S NOT DOWN THE MIDDLE OF A 80-FOOT RIGHT-OF-WAY?
>> IT'S IN THE SOUTHERN END. >> AND TO ME, THAT 10-FOOT ALLEYWAY, IS THERE NOT GOING TO NEED TO BE AN EASEMENT ALONG THAT ALLEYWAY FOR AEP BECAUSE THOSE POWERS POLES LOOKS TO BE
FURTHER THAN 10 FEET APART. >> IT DOES APPEAR, WHERE IT SHOWS A 10-FOOT WIDE ALLEY AND HAS SINCE THE TURN OF THE LAST
>> THERE IS IN FACT, AT LEAST A 20-FOOT WIDE ALLEY THAT'S IMPROVED AND OCCUPIED BY UTILITIES, IN OTHER WORDS IN ADDITION TO THE 10-FOOT DEDICATED ALLEY THERE APPEARS TO BE A 10-FOOT WIDE DESCRIPTIVE ALLEY BECAUSE IT'S BEEN USED FOR THE LAST 10 YEARS AS AN ALLEYWAY.
>> THE PICTURE HE HAD WAS RIGHT HERE.
>> YEAH, SO IF HE WANTED TO LOOKS BACK
>> THERE'S AT LEAST 20 FEET BETWEEN FENCE LINES.
>> AND US APPROVING WILL GET RID OF 10 FEET OF IS THAT?
>> IF YOU APPROVED IT AS REQUESTED IN IT'S ENTIRETY TO 140 FEET DEPTH, THE ABON DONEMENT WOULD THEY CAN UP THE
EAST PART. >> YOU THINK THE FENCE LINE IS ON THE EASTERN EDGE OF THE 10 FOOT?
>> NO, I THINK THE FENCELINE IS 10 FEET FURTHER EAST.
>> OKAY. JUST INSIDE THAT POLE WOULD BE PROBABLY THE NORMAL
>> OKAY. >> AND HOW DID YOU SETTLE ON 40 FEET? BECAUSE IT YOU PICKED 10 FEET YOU WOULD STILL HAVE ENOUGH ROOM FOR THE ALLEY TO COME AROUND. AGAIN, I THINK YOU'RE WANTING REFUSE TRAFFIC TO BE ABLE TO COME DOWN THE ALLEY AND
GET OUT? >> YES, I WANT UTILITY SERVICE TRUCKS INCLUDING REFUSE COLLECTION TRUCKS TO BE ABLE TO MAKE THAT TURN WITHOUT RUNNING INTO THE GUIDE WIRES.
>> 40 FEET IS WHAT WE MINIMALLY NEED IN ORDER TO MAKE THAT TURN WITH A UTILITY SERVICE TRUCK AND AVOID HITTING THE GUIDE WIRES,
MUCH LESS THE POWER POLES. >> DOES AEP NOT USUALLY RESPOND WITH SPECIFICS LIKE THAT, I JUST NOTICED, IS THAT ODD THAT THEY JUST SAID SOMETHING AS VAGUE AS THEY DID. WHY WOULDN'T THEY
GIVE US THE FEET THAT THEY NEED? >> THAT'S TYPICAL OF THEIR
RESPONSE. >> THEY CAN BE MORE SPECIFIC DURING THE PLATTING PROCESS, WITH YOU AT THIS STAGE, THEIR
[00:25:03]
RESPONSE IS ALL TOO TYPICAL. >> DOES AEP HAVE OTHER AVENUES OF ACCESS TO THAT AREA APART FROM THIS ALLEYWAY AND THIS?
>> NO. >> SOCK. SO THIS ABANDONMENT IN THIS ALLEYWAY IS THE ONLY WAY TO GET TO THAT RED SECTION?
>> YES, SIR. >> AND IT'S BEEN UNOWNED BY THE AGENT FOR A VERY LONG TIME, BUT THEY DON'T GIVE A REASON FOR
WANTING TO ABANDON IT? >> WELL, THE PROPONENT IS HERE
AND CAN ANSWER THOSE QUESTIONS. >> OKAY. THANK YOU.
>> THANK YOU. >> I'LL OPEN TO PUBLIC HEARING, WOULD SOMEBODY LIKE TO COME UP AND HELP US OUT A LITTLE BIT?
>> ERIC JOHNSON AND I'M HERE AS AGENT FOR ACCO FEEDS. I DON'T KNOW IF YOU HAVE SOME WAY TO SHOW THE SLIDES?
>> NO. >> WE DON'T HAVE A SLIDE SHOWING THE AREA OF THE WHOLE SECTION, BUT I RECEIVED THE UPDATES FROM MR. STONE TODAY. THANK YOU FOR GETTING THOSE INTO ME EARLY, SO, THE UPDATES THAT WERE MADE ARE STILL MOSTLY OKAY.
WITH MY CLIENT, BUT, I HAVE THIS COULD BE SOMEWHAT DIFFICULT TO
DESCRIBE, IS THERE AN AERIAL? >> I COULD SEE THE AERIAL, DO Y'ALL HAVE YOUR PDF'S, THE LOCATION SLIDE FROM THE VERY BEGINNING. YES, THAT WOULD BE HELPFUL.
>> AND THERE'S TWO AREAS OF ACCESS WELL, ACTUALLY, THERE'S ONE ACCESS POINT THAT IS ON CHINA STREET WHICH WOULD BE THE SOUTHERN END OF THIS OFF OF 11TH, WHERE CHINA STREET ENDS AT THE SOUTH SIDE OF 11TH AND ON THE NORTH SIDE, THERE'S A SMALL PIECE SOMEWHAT LIKE THIS HOER ON 9TH THAT CUTS INTO A FUTURE POTENTIAL ROAD WOULD HAVE CONTINUED ON. AND, THE ACCO FEEDS HAS A GATE THERE WERE THEY COULD INGRESS OFF OF 11TH STREET. JUST LIKE PRIOR ACCESS THE DESIRE IS FOR ACCO FEEDS TO HAVE AN ADDITIONAL INGRESS POINT IF ADMITTED AND FOR POTENTIAL STORAGE, THEIR REASON FOR THE ABON DONEMENT IS ACCESS AND POTENTIAL ADDITIONAL STORAGE, THEIR PLANS ARE TO EXPAND THE PLANT AND UP THEIR PRODUCTION AND THIS WILL ALLOW THEM TO HAVE MORE NEEDED SPACE FOR STORAGE AND ACCESS. THAT LITTLE LOT, 901 TO THE SOUTH OF THE SUBJECT AREA THERE IS OWNED BY ACCO FEEDS. AND THE NEIGHBOR TO THE SOUTH, AND THAT IS MR. POPE, HE WAS HERE EARLIER, AND I TALKED WITH HIM BEFORE HE LEFT, AND THE GARBAGE STRUCKS THAT GORUCKS TH THROUGH THAT ALLEYWAY, THEY DON'T GO TO THE SUBSTATION AND THEN TURN OUT, THEY COME TO THE END WHERE THE TWO PROPERTIES COME TOGETHER WHERE MR. POPE AND ACCO FEEDS LOT ARE. THEY COULD GO ACROSS THE LOTS IF THAT WAS THEIR CHOICE, THEY'RE JUST GOING ACROSS ACCO FEEDS CURRENT LOT BECAUSE IT'S WIDE OPEN THERE. THE ALLEYWAY RATHER THAN EXTENDING ALL THE WAY TO AEP, WHICH I DID TALK TO RACHEL WATSON, THE REAL ESTATE DIRECTOR OF AEP ABOUT THIS AND SENT HER OVER THE ORIGINAL SLIDES AND THEY SAID THAT THEY DID WANT TO RETAIN THAT 40 FOOT ON THE END. WHETHER THE CITY WAS ASKING TO KEEP THAT PORTION OUT OF THE ABON DONEMENT, IT FALLS IN LINE WITH WHAT AEP WANTED NAY, THEY WANT ACCESS TO THE SOUTH SIDE OF THAT SUBSTATION. AND YOU MENTIONED ON THE NORTH END THERE, YOU MENTIONED ACCESS, IS THAT THEIR ONLY ACCESS, THEY DO OWN THE NORTH SIDE OF THATTATIO HAVE PROPRIATARY ACCESS TO THAT
[00:30:12]
AS WELL. SO, WITH THAT IN MIND, THAT WOULD ALLOW ACCO FEEDS TO HAVE THE SOUTH HALF OF THAT ABON DONEMENT AND THAT WOULD NEIGHBOR OR ABUTT U UP TO THE EXISTING PROPERTY. THE ONLY CHANGE THAT I COULD SEE AT THAT POINT IS WITH THE ALLEYWAY AND IF WE COULD TURN THE ALLEYWAY LIKE IT GOES LIKE THEY'RE CURRENTLY USING IT, BASICALLY, THEY'RE TURNING LEFT AS THEY COME OUT FROM BEHIND THOSE IMPROVEMENTS, AND THEN THEY TURN BACK TO THE RIGHT-OF-WAY. IF WE COULD KEEP THAT AS THE ACCESS POINT FOR THE TRASH TRUCKS, THAT WOULD BE MORE FAVORABLE THAN KEEPING THAT ACCESS POINT ON THE EAST END BECAUSE THEN THEIR DESIRE IS TO KEEP THAT AREA SECURE WITH THE GATE IF THEY DO STORE TRAILERS OR LOT ACCESS TO THE STREET, THEY WANT TO MAKE SURE THAT'S SECURED, AND IF THEY OPEN UNU UP THE FENCE ON THE EAST SIDE OF THOSE TWO LOTS THAT WOULD ALLOW THEM TO MOVE THROUGH THAT PROPERTY. AND, I'LL SUBMIT THAT AND THAT JUST KIND OF SHOWS THE ALLEYWAY AS IT'S CURRENTLY BEING USED. THAT'S A THOROUGHFARE, I BROUGHT THAT TO LOOK AT IF YOU WANT TO PASS THOSE AROUND.>> THOSE CAN BE ADDRESSED DURING THE PLATTING PROCESS, BUT YOUR MOTION WOULD NEED TO REFLECT THE CHANGES BE MADE
DURING THE PLATTING PROCESS. >> I'M NOT COMPLETELY SURE
THAT'S CORRECT. >> WHAT I HEARD YOU SAY THAT YOU WOULD ALLOW THE REFUSE PEOPLE TO COME ACROSS PROPERTY 901 ACROSS THE SOUTHERN EDGE OF THE PROPERTY AT 901.
>> RIGHT. >> OKAY. TO ME I THINK THERE'S SOME DISCUSSION, THAT'S EITHER GOT TO BE BY EASEMENT OR
DEDICATION OF AN ALLEY. >> AND THE REPLATTE, BEING ABLE TO REPLATTE 901 INTO THE EXTRA 40 FEET, THEY CAN TALK WITH THE DRC TO SEE IF THEY ARE AMICABLE TO CHANGING THE WAY THAT WASTE RUNS THROUGH, I KNOW STAFF IS NOT COMFORTABLE SPEAKING FOR OUR SOLID WASTE PROFESSIONALS OR ANY OF THE OTHER SERVICE TRUCKS THAT GO THROUGH THERE WITHOUT HAVING THAT CONVERSATION IN THE
PLATTING PROCESS. >> SO, THIS IS A CURRENTLY
>> SO, ABANDONMENT IS IMMEDIATELY ABSORBED BY THE
>> SO WHAT WE'RE DOING TODAY IS ALMOST DOING THAT IS WHERE THE CITY WON'T HAVE ACCESS TO THAT AT ALL, IT WILL TURN INTO A
>> AND WE'RE NOT WORRIED THAT THE CITY MIGHT NEED THAT IN THE
FUTURE? >> CORRECT. WE'RE NOT GOING TO
EXTEND TO SOUTH 9TH. >> YOU ARE WANTING FOR THE PROPERTY TO STOP RATHER THAN GO TO THE BACK OF THE PROPERTY TO
THE 40 FOOT. >> THEY'RE TRYING TO GET BASICALLY A CONTINUATION OF PROPERTY 1025 OUT TO TREADAWAY BOULEVARD IS WHAT THEY'RE TRYING DO.
>> I DID LOOK AT THE UTILITIES, AND WHAT I SAW ON THE SOUTH END OF 901, IT RUNS THERE BACK TO THE EAST AND THEN INTO LOT 1025 IT ACTUALLY SERVICES, IT'S A WATER SERVICE LIKE THAT GOES OVER TWO ACCO FEED'S BUILDINGS. THEN THE SEWER LINE RUNS ALONG THE EAST BOUNDARY OF THE ALLEYWAY NORTH AND SOUTH ALL THE
[00:35:04]
WAY THROUGH THAT ALLEYWAY UP PAST THE SUBSTATION. SO THERE'S NO INTENTION OF PUTTING ANY IMPROVEMENTS ON TOP OF THAT OTHER THAN FENCING JUST FOR SECURITY. THERE WOULD STILL BE ACCESS AS NEEDED INTO THOSE LOTS IF THE CITY NEEDED TO OR UTILITYCONTRACTORS NEED IT TO. >> I GUESS WHILE YOU ARE STILL HERE, I GUESS MY OPINION IS, WHILE WE'RE KEEPING THE PUBLIC HEARING OPEN, SO YOU COULD INTERACT WITH US. YOU STAY RIGHT THERE. TO ME, THERE'S TOO MANY MOVING PARTS RIGHT NOW, BECAUSE WE'VE GOT YOU KNOW, I'M NOT SURE IF WHEN WE STARTED BREAKING UP A BUNCH OF EASEMENTS IN HERE THAT YOU'RE GOING TO BE ABLE TO DO WITH THE WATER LINE EASEMENT, THAT YOU ARE STILL GOING TO BE ABLE TO DO WHAT YOU WANT TO DO AND ALSO WORK THE ALLEYWAY THERE, WHERE THE REFUSE TRAFFIC CAN TURN INTO THE ALLEY AND TURN OUT WEST ONTO TREADAWAY BOULEVARD, SO, BRAD, I'M STAMMERING HERE BECAUSE I'M NOT EXACTLY SURE THIS DOESN'T IMMEDIATE FURTHER DISCUSSION BEFORE WE...
>> YOU SEE THE ELECTRIC POWER LINES?
>> YES. I'M NOT GOING TO RECOMMEND THAT THE ELECTRIC
POWER LINES BE FENCED IN. >> RIGHT.
>> SOMETIMES THEY FALL. >> THEY DON'T EVEN NEED TO BE -- YOU DON'T EVEN NEED TO HIT THE POLE IN ORDER FOR THOSE LINES TO FALL, SOMETIMES THEY JUST GET TIRED OF BEING UP IN THE AIR AND THEY DROP. IN WHICH CASE IT ISN'T APPROPRIATE FOR SOMEONE TO GO LOOKING FOR A KEY TO OPEN UP A GATE, I DO THINK IT NEEDS TO BE OPEN AND UNOBSTRUCTED IF YOU'VE GOT THAT MANY ELECTRIC POWER LINES. INCLUDING ELECTRIC TRANSMISSION EXTREMELY HIGH VOLTAGE RUNNING DOWN THAT ALLEY. SO, I DO THINK THE ALLEYWAY NEEDS TO BE OPEN AND UNOBSTRUCTED. THE PRESERVATION OF THE ALLEY WILL DO THAT. FENCING IT OFF, I
THINK, IS UNSAFE. >> DURING THE DEVELOPMENT REVIEW COMMITTEE TIME FRAME IN WHICH THEY LOOK AT THE PLATTING PROCESS, THEY HAVE AN OPPORTUNITY, BOTH AEP AND OUR WATER PROVIDERS HAVE AN OPPORTUNITY AND SAY, YES THIS PLAT IS GOOD IF YOU REMOVE THESE LINES, MOVE THESE LINES, CHANGE THESE LINES. A LOT OF TIME WE DO NOT SEE THEM SAYING IT'S OKAY FOR SOMEONE TO FENCE THAT OFF AWAY FROM THEIR ABILITY TO GET TO THOSE THINGS. IN THIS CASE, THE DOC DID RECOMMEND APPROVAL WITH THE CONDITIONS THAT WE SET BEFORE YOU TODAY.
>> THAT TO ME IS OUR DECISION TODAY IS NOT NECESSARILY APPROVING WHAT ERICK'S SAYING. BUT IT WILL BE UP TO MR. JOHNSON TO ARGUE THAT OUT DURING PLATTING PROCESS OR THEY MAY NOT BE ABLE TO REACH AN AGREEMENT AND THEY KEEP IT ABANDONED.
>> THAT'S CORRECT. >> SO, YEAH, IT SEEMS TO ME, IF YOU HAD A FENCE WHICH YOU DO ON BOTH SIDES OF THOSE POLES, IF THE POLE WERE TO FALL EAST OR WEST, YOU'VE GOT TO GET ACROSS THE FENCE ON EITHER SIDE OF THE PRIVATELY OWNED PROPERTY. I THINK GETTING THROUGH THE FENCE WILL NOT BE AN ISSUE FOR UTILITY COMPANY TO GET ACCESS TO THEIR LINES, AFTER ANY POLES THAT ARE STRUCK WHEN THEY FALL, THEY DON'T, ESPECIALLY WITH LINES RUNNING NORTH AND SOUTH, OBVIOUSLY THEY'RE GOING TO FALL EAST OR WEST. NOT NORTH AND SOUTH MOST LIKELY SINCE THEY'RE STILL ATTACHED TO THE WIRES? BECAUSE UTILITY ACCESS IS THROUGH ALL KIND OF PROPERTIES AND GATES AND WHATNOT. AND THAT AERIAL VIEW YOU COULD SEE AS FAR AS THE TRASH VEHICLES, THEY DON'T TREAD ON THAT ALLEYWAY THAT'S EXISTING BACK THERE AT
[00:40:01]
ALL. THEY ACTUALLY GO THROUGH OUR CLIENT'S PROPERTY WHICH THEY COULD FENCE THAT LOT OFF AND THEN FORCE THEM TO GO DOWN YOU KNOW, EITHER BETWEEN THAT PROPERTY OR DOWN TO WHERE AEP IS AND THEN TURN BACK AS IT STANDS. OUR REQUEST IS FOR AN ACCESS, AND INGRES DEGRESS IN ORDER TO EXPAND AND HAVE MORE AREA FOREXPANSION. >> YOUR POSITION IS YOU DISAGREE WITH WHAT THE CITY IS PROPOSING?
>> I DISAGREE WITH KEEPING THE ALLEYWAY RUNNING BEHIND THAT LOT
AND THE ABANDONED LOT. >> THAT'S WHAT WE HAVE TO LOOK
AT TO APPROVE OR DISAPPROVE. >> OKAY. YEAH, I DON'T KNOW IF IT'S AGREED TO AS STATED AND IT GOES TO PLATTING AND WE HAVE TO WORRY ABOUT THAT LATER, THEN THAT'S I GUESS THAT COULD BE AGREED OR NOT AGREED AT A LATER POINT. IF WE AGREE TO MOVE FORWARD AS IT STANDS, ARE WE SAYING WE ARE IN AGREEMENT WITH THE ALLEYWAY BEING KEPT IN IT'S PLACE?
>> YES. >> WHAT'S BEFORE US TODAY EXTENDS THAT 10-FOOT ALLEYWAY. I THINK YOU COULD BRING ANOTHER THING FOR FURTHER ABANDONMENT OF THE ALLEY AT A LATER DATE.
>> THAT'S NOT GOING TO BE RESOLVED TODAY.
>> THAT CAN'T BE RESOLVED FOR US TODAY, BUT FOR SOME REASON DURING THE PLATTING PROCESS Y'ALL CAN'T COME TO AN AGREEMENT AND YOU NEED TO BRING ANOTHER MOTION TO TRY TO ABANDON THE ALLEYWAY, WE COULD CONSIDER THAT AT ANOTHER TIME, TODAY IT'S WHAT YOU PROPOSED AND WHAT THE CITY HAS COUNTERED ON WITH THEIR
DECISIONS. >> OKAY. ALL RIGHT. WELL, SOUNDS LIKE THERE'S POTENTIAL TO WORK IT OUT. SO, I'M OKAY WITH IT AS PRESENTED TODAY AND WE'LL DISCUSS IT FURTHER WITH MY CLIENT IF YOU WILL APPROVE IT AS PRESENTED BY THE CITY TODAY.
>> I AGREE WITH THE FACT THAT WE'RE NOT CLOSE.
>> DOES ANYBODY ELSE LIKE TO SPEAK TO THE ZONING CASE?
>> I'LL CLOSE THE PUBLIC HEARING.
>> HERE'S MY ISSUE IS WHAT PLANNING IS PROPOSING DOESN'T MEET WHAT ERICK NEEDS. AND I THINK THERE'S GOING TO BE SOME BACK AND FORTH, I'M IN FAVOR OF TABLING THE CASE AND LETTING IT SHAKE OUT ANOTHER MONTH AND LET EVERYBODY GET ON THE SAME PAGE HERE, AND THEN MAYBE ADDRESS IT NEXT MONTH. THAT WOULD BE KIND
OF MY PREFERENCE. >> YEAH, I THINK THERE STILL NEED TO BE SOME DISCUSSION BETWEEN THE ENTITIES REQUEST AND THE CITY, I DON'T THINK THIS IS RESOLVED COMPLETELY YET.
>> OTHERWISE, WE MAY CREATE ANOTHER HURDLE, ANOTHER ISSUE
RATHER THAN JUST SAYING. >> I HAVE A PROPERTY. IS THE PROPERTY TO THE SOUTH OF THE RIGHT-OF-WAY THE SUCKED TO THE ABANDONMENT REQUEST, IS THAT PROPERTY TO THE SOUTH OWN BIDE
ONE OF THE CO-APPLICANTS? >> YES.
>> SO THAT WOULD BE RE-PLATTED? >> IT WOULD BE.
>> YEAH, THAT LOT 901 IS DUE SOUTH OF THIS.
>> IT LOOKS LIKE WHAT THEY WERE PROPOSING IS GRANTING AN EASEMENT FOR AEP OR TRASH TRUCKS, BUT AGAIN THAT'S TAKING TOO MANY OTHER THINGS INTO CONSIDERATION MAYBE WITH WHAT'S
>> WELL, I'LL MAKE A MOTION TO TABLE THIS SO THERE'S FURTHER DISCUSSION BETWEEN THE PROPONENT AND THE CITY.
>> WE HAVE A MOTION TO TABLE AND A SECOND SOMEWHERE?
>> I'LL SECOND. >> LET'S TABLE TO THE NEXT
PLANNING AND ZONING MEETING. >> JUNE.
>> JUNE. >> DO YOU MIND IF I OPEN THE PUBLIC HEARING AND ASK ERICK AND ASK IF THAT'S OKAY WITH YOU.
>> ERIC, IS THAT OKAY WITH YOU?
>> YEAH, THAT'S FINE. >> FROM THE DISCUSSION, WE
APPRECIATE IT. >> OKAY. I'LL CLOSE THE PUBLIC HEARING. WE HAVE A MOTION AND A SECOND TO TABLE TO OUR NEXT
[00:45:04]
>> YES. >> OUR NEXT CASE IS TC 202106 RECEIVE A REPORT AND HOLD DISCUSSION AND PUBLIC HEARING ON REQUEST FROM HARDIN-SIMMONS UNIVERSITY AGENT ENPROTEC/HIBBS & TODD INC. TO ABANDON THE COMPLETE THE 60-FOOT WIDTH OF PUBLIC RIGHT-OF-WAY AVAILABLE FOR BEECH STREET AS IT EXPONDS
TO 160 FEET SOUTH. >> I'M PRESENTING TV 2021 -- 06. THE OWNER IS HARDIN-SIMMONS UNIVERSITY REPRESENTED BY AGENT ENPROTEC/HIBBS & TODD INC., REQUEST IS TO ABANDON THE 60-FOOT RIGHT-OF-WAY PRESENTLY AVAILABLE FOR BEECH STREET EXTENDING 160 FEET SOUTH FROM SANDEFER STREET'S RIGHT-OF-WAY.
THIS IS ALL TO ACCOMMODATE A PHOT YOU ARE BRAUM'S SITE OFF OF AMBLER AVENUE. WHEN WE OFFICIALLY APPROVED THE 160 FEET EXTENDING NORTH OF AMBLER AVENUE AVENUE, WE HAD A REQUIREMENT OF HAVING A PERMANENT TURN-AROUND. THEY BASICALLY DETERMINED THAT THE TURN-AROUND WOULD ENCROACH SUBSTANTIALLY INTO THE FUTURE SIDE OF BRAUMS WHICH IS NOT THE DESIRED OUT I DON'T MEAN.
SOUTHERN MOST BOUNDARY OF THE RIGHT-OF-WAY OF SANDEFER STREET.
WE RECEIVED 11 RESPONSES IN FAVOR AND ZERO IN OPPOSITION.
HERE'S OUR LOCATION MAP SHOWING AN AERIAL IMAGE OF THE EXTENT OF BEECH STREET THAT'S UP FOR CONSIDERATION FOR ABANDONMENT.
ONCE AGAIN, WE DID PREVIOUSLY ABANDON THE SOUTHERN PORTION THAT YOU SEE THAT IS HIGHLIGHTED IN YELLOW. CURRENT ZONING MAP SHOWING THE ZONING FOR THE SUBJECT PROPERTIES AND THE IMMEDIATE SURROUNDINGS, THERE IS RS 6 ZONING, COLLEGE AND UNIVERSITY ZONING AND JUST SOUTH THERE IS GR WHICH WAS ALSO RE-ZONED DURING THAT FEBRUARY HEARING. PHOTOGRAPHS OF THE SUJECT PORTION OF BEECH STREET AND THE ADJOINING ALLEY JUST ON THE WESTERN RIGHT-OF-WAY BOUNDARY FOR BEECH STREET.
NOTIFICATION MAP SHOWING THE EXTEND OF THAT 200 FOOTNOTE FICK INDICATION AREA AS I STATED PREVIOUSLY, WE RECEIVED 11 RESPONSES IN FAVOR AND ZERO IN OPPOSITION. THIS THOROUGHFARE CLOSURE WAS APPROVE AND IN ORDER TO FORMERLY ABANDON THIS RIGHT-OF-WAY THEY WILL HAVE TO SUBMIT A RE-PLAT SHOWING HOW THE EXTENT OF THE RIGHT-OF-WAY WILL BE OBABSORBED IN THE ADJACENT PROPERTIES. WE'RE REQUIRING THAT THE 160 FOOT PORTION BE RESERVED AS AN ALLEY, IT WILL NOT BE COMPLETELY CLOSED, WE'LL STILL HAVE ACCESS AND EMERGENCY VEHICLES CAN USE THAT ALLEY IF NEEDED. ALSO IF THERE ARE ANY KIND OF UTILITIES RUNNING IN THAT RIGHT-OF-WAY, EASEMENT WILL BE NEEDED. IF THEY PLAN TO RELOCATE THAT EASEMENT, THEY NEED TO FURNISH A LETTER STATING THAT THEY HAVE ALREADY BEEN RELOCATED OR HAVE A BOND OR LETTER. WITH ALL THOSE CONDITIONS MET, CITY STAFF WOULD RECOMMEND APPROVAL OF THIS THOROUGHFARE CLOSURE TO YOU
TODAY. >> WHY ARE WE ABANDONING THE ENTIRE RIGHT-OF-WAY IF YOU STILL WANT TO HAVE AN ALLEYWAY OR ACCESS EASEMENT THROUGH THAT PROPERTY? WHY ARE YOU NOT JUST ABANDONING THE PORTION NOT NECESSARY FOR THE CITY TO
MAINTAIN AND HAVE ACCESS? >> THE REASON WE'RE ABANDONING THE REST OF IT IS WE CAN NOT LEAVE A DEAD-END STREET. IF WE LEAVE IT THE WAY IT WAS, HOW WE INITIALLY ABANDONED IT, THEY HAVE TO PROVIDE US A VEHICLE TURN AROUND AT THE END OF WHAT IS CURRENTLY BEECH STREET. WHEN THEY DO THAT, THAT TURN AROUND, WHETHER IT BE A CUL DE SAC OR HAMMER HEAD, IT'S GOING TO ENCROACH ON HALF OF THE SITE THAT BRAUMS WANTS TO OPEN ON.
[00:50:01]
IN ORDER FOR IT NOT TO BE CONSIDERED A DEAD END STREET WE HAVE TO ABANDON THAT AND COME BACK WITH A REPLATTE DEDICATEDAS AN ALLEY. >> IT WILL NO LONGER BE A
RIGHT-OF-WAY, >> IT WILL STILL BE CITY-OWNED
>> THAT MAKES SENSE. >> IS THE PART GOING TO THE EAST, THAT, SO THAT ALLEY, KIND OF DEAD ENDS THERE TOO, DOES IT
GO ALL THE WAY OUT TO SIMMONS? >> YOU PREVIOUSLY ABANDONED
THAT. YES. YES. >> SO, PRETTY MUCH JUST WHAT WE DECIDED LAST TIME IS NO LONGER FEASIBLE AFTER WE GOT A LITTLE FURTHER DOWN IN THE PLANNING PROCESS AND NOW WE'RE GOING TO
DO... >> IT COULD HAVE BEEN DONE BUT IT WOULD HAVE EATEN UP A LOT OF THEIR PARKING AND YOU WOULD HAVE HAD PEOPLE WALKING ACROSS A CUL DE SAC TO GET INTO BRAUMS, WHICH SEEMED ODD. I DON'T THINK THEY REALIZED HOW MUCH OF THE SITE THAT CUL DE SAC WAS GOING TO EAT UP UNTIL THEY PUT PEN TO PAPER
AND DREW IT OUGHT. >> WERE ALL THOSE GREEN DOTS, HARDIN-SIMMONS UNIVERSITY PROPERTY SNUZ
>> YES. >> IT'S STILL OWNED BY HARDIN-SIMMONS UNIVERSITY, I DO BELIEVE.
>> OKAY. >> WILL IT BE OWNED BY
HARDIN-SIMMONS UNIVERSITY? >> I'M NOT SURE WHAT THE INTENT
IS. >> WHETHER THEY'RE GOING TO LEASE TO BRAUMS OR THEY'RE GOING TO BUY IT FROM HARDIN-SIMMONS
UNIVERSITY, I'M NOT SURE. >> THANK YOU.
>> THANK YOU. >> I'LL OPEN THE PUBLIC HEARING. BJ, HELP US OUT, BUDDY.
>> CALLING NOW. >> BJ PRITCHARD, REPRESENTING BRAUMS AND HARDIN-SIMMONS UNIVERSITY IN THIS, FULL DISCLOSURE, THIS SHOULD HAVE ALL BEEN DONE AT ONCE. BASICALLY, AS WE STARTED LOOKING AT THIS FOR BRAUMS THEIR IDEA OF A TURN AROUND WASN'T GOING TO BE ACCEPTABLE. WE LOOKED AT A HALF MOON SHAPE OR SOMETHING TO CHIT ON HARDIN-SIMMONS UNIVERSITY'S PROPERTY ON EITHER SIDE OF THE ROAD. IT WAS GOING TO EAT UP TOO MUCH PROPERTY, OR CREATE A CUL DE SAC. AS WE KIND OF STUDIED IT A LITTLE BETTER, IT MADE SENSE TO GO AHEAD AND ABANDON THE REST OF THAT DEAD END STUB OUT BRAUMS HAS NO DESIRE TO GET RID OF THAT STREET. AS I UNDERSTAND, IT WILL BE THEIR RESPONSIBILITY TO KEEP IT MAINTAINED FOR ACCESS TO THE BACK OF THEIR SITE AS NEEDED. BRAUMS WILL LIKELY HAVE A DRIVEWAY AND YOU'LL HAVE FULL ACCESS OF THE ALLEY COMPLETELY UNIMPEDED. TO ANSWER YOUR QUESTION, THEY'RE SUPPOSED TO BE BUYING THAT PROPERTY FROM HARDIN-SIMMONS UNIVERSITY AS SOON AS ALL OF THIS GETS STRAIGHTENED AND THE PLAT GETS FILED, THEY WILL BE CLOSING ON THAT. I BELIEVE THAT'S IN MID-JULY. AS I UNDERSTAND, CONSTRUCTION WILL START SOMETIME
NEXT YEAR FOR THIS SITE. >> WHAT CHANGES STRUCTURALLY
HERE, LIKE WITH THE ROAD? >> AS FAR AS THE ROAD GOES?
>> WE WILL PUT, I THINK IT WAS REQUESTED TO PUT A DRIVEWAY, AN ALLEY APPROACH, WHERE IT TIES INTO SANDEFER STREET RIGHT NOW TO MAKE IT CLEAR IT'S NOT A THROUGH STREET ANYMORE, SO THERE WOULD BE MINOR GUTTING WORK ON THE END OF IT, OTHER THAN THAT, THE STREET WILL STAY PRETTY MUCH AS IT IS.
>> ANY OTHER QUESTIONS? >> THANKS, BJ.
>> ANYONE ELSE? >> I WILL CLOSE THE PUBLIC HEARING. DO WE HAVE A FURTHER DISCUSSION OR A MOTION?
>> MAKES SENSE. >> YEAH, IT DOES.
>> WELL, DJ SAID, I THINK IT SHOULD HAVE BEEN DONE THE TIME
BEFORE. >> AND HARDIN-SIMMONS UNIVERSITY WANTS TO DO IT, THEY OWN THE PROPERTIES AROUND IT
THEY'RE TRYING TO MAKE IT WORK. >> I'LL MOTION TO APPROVE.
>> WITH THE CONDITIONS? >> WITH THE CONDITIONS.
SECOND. >> MOTION AND A SECOND WITH
>> YES. >> MISS
* This transcript was compiled from uncorrected Closed Captioning.