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[CALL TO ORDER]

[INVOCATION]

[00:00:05]

>> WELCOME, EVERYBODY. REVEREND WOULD YOU OPEN WITH A WORD OF PRAYER WHILE I CATCH MY BREATH.

>> FATHER IN HEAVEN. WE COME TO SAY THANK YOU.

WE HAVE MANY, MANY BLESSINGS THAT YOU HAVE BROUGHT TO US TO BE THANKFUL FOR. FIRST WANTED TO THANK YOU FOR OUR HEALTH AND STRENGTH. WE THANK YOU GORE ALL YOU HAVE DONE FOR. WE THANK FOR THE RAIN AND THE PLACES THAT FLOODED, YOU KNEW WHAT YOU WERE DOING.

WE SAY THANK YOU. AND GOD WE ASK YOU TO REMEMBER THOSE IN THIS CITY AND AROUND THAT ARE NOT AS FORTUNATE AS WE ARE. SOME HAVE MONETARY PROBLEMS. SOME HAVE OTHER PROBLEMS. WHATEVER THEY ARE YOU KNOW WHAT THEY ARE AND WHO THEY ARE.

WE ASK YOU TO BLESS THEM. WE ASK YOU TO BLESS OUR NATION, OUR STATE, OUR CITY, BLESS ALL OF OUR LEADERS, MAY THEY DO THINGS THAT NEED TO BE DONE TO MAKE OUR COUNTRY WHOLE. WE THANK YOU, GOD FOR WHAT YOU ALLOWED TO HAPPEN AMONG THE PANDEMIC.

WE THANK YOU, THAT WE ARE ABLE TO GATHER AGAIN WITH FAMILIES AND FRIENDS. GOD, WE PRAY YOUR HOLY SPIRIT TO DWELL WITH US AS WE CONDUCT THIS MEETING MAY WE DO IT IN WAYS THAT WE PLACE INTO YOU. THESE BLESSINGS WE ASK YOUR

SWEET SON JESUS NAME, AMEN. >> AMEN.

>> WE WERE RUNNING A FEW MINUTES LATE.

IT'S DIFFICULT TO FIND A PARKING SPOT.

THEN I HAD TO CIRCLE THE BUILDING TWICE.

I APOLOGIZE. I WOULD HAVE BEEN HERE RIGHT

ON TIME. >> FIRST TIME ON THE AGENDA

[MINUTES]

HERE TO APPROVE THE MINUTE FROM PREVIOUS MEETING.

HAS EVERYONE HAD A CHANCE TO REVIEW MINUTES AND D I HEAR A

MOTION? >> SO MOVED.

>> GOT A MOTION AND SECOND. ALL IN FAVOR.

[AGENDA ITEMS]

AYE. >> ALL RIGHT.

THE NEXT ITEM ON THE AGENDA IS ELECTION OF CHAIR PRO TEM.

I HOPE YOU HAD A CHANCE TO REVIEW THE BI-LAWS IN THE PRODUCT. WHEN FRED LEFT AND I MOVED INTO THE SHARE THAT LEFT A VACANCY WE HAVEN'T FILLED YET.

WE NEED TO FILL THAT. WE DID HAVE TWO MEMBERS MISSING TODAY. I THINK WE HAVE ENOUGH OF THE BOARD HERE THAT WE CAN DO THAT.

I WOULD HERE A MOTION OR A NOMINATION FROM THE BENCH UP HERE FOR ANYONE THAT THINKS WOULD LIKE TO NOMINATE FOR

CHAIR PRO TEM. >> I WOULD LIKE TO NOMINATE BRAD IF YOU DON'T MIND. IF BRAD WOULD BE WILLING TO TAKE THE OFFICE HERE FOR A WHILE.

>> SURE. >> SECOND THE MOTION.

>> WE HAVE NOMINATION AND A SECOND.

AND I THINK WE CAN DO THIS BY VOICE VOTE; CAN'T WE? ALL IN FAVOR OF BRAD BEING OUR PRO TEM SAY "AYE."

ANYONE OPPOSED. >> JUST ABSTAIN.

>> CONGRATULATIONS, BRAD, THANK YOU.

>> I WORE A SUIT FOR THE FIRST TIME AND I GET ELECTED.

>> THAT'S THE WAY IT WORKS. LET'S SEE HERE.

[PLATS]

I GOT A THING I NEED TO READ HERE TO GET US KICKED OFF.

PLANNING AND ZONE COMMISSION FINAL AUTHORITY ON APPROVAL OF PLATS ACT AS RECOMMENDED CITY COUNCIL MATTERS OF ZONE.

THE DECISION MAY BE APPEALED TO CITY COUNCIL THROUGH THE SECRETARY NO LATER THAN TEN DAYS FROM THE DATE OF NEATING.

ALL APPEALS MUST BE IN WRITING.

THE PUBLIC INVITED TO SPEAK 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 REQUESTED TO LIMIT THEIR PRESENTATION NO MORE THAN FIVE MINUTES ADDITIONAL TIME MAY BE GRANTED AT THE DISCRETION OF THE CHAIR.

AND WE HAVE PLAT AND JARED, ARE YOU READY TO GO?

>> GOOD AFTERNOON. I'M INJURED SMITH.

THERE'S SIX PLATS FOR CONSIDERATION THIS AFTERNOON.

THE FIRST PLAT PRELIMINARY PLAT 3421 HEAD WATER ESTATES.

PRELIMINARY LAYING OUT 184 SINGLE FAMILY HOME SITES IN ABILENE EXTRA TORIAL JURISDICTION OUT IN TAYLOR COUNTY. IT'S NOT WITHIN THE CITY LIMITS OF ABILENE. JUST OLD BUFFALO-GAFF ROAD.

[00:05:01]

>> YET ANOTHER PRELIMINARY PLAT PP-3521 THE SHOPS AT CARRIAGE HILLS. LAYING OUT TWO LOTS AT THE INTERSECTION OF MABEL AND FM-707.

IT'S THE SAME PROPERTY THAT YOU WILL HEAR A ZONE CHANGE REQUEST FOR. I WILL PRESENT THAT AS WELL.

WITH THIS APPROVAL YOU DON'T APPROVE NONCONFORMILITY.

THEY ARE BOTH FIVE ACRES OR LARGER.

MINIMUM FOR PRESENTLY ZONED DONING DISTRICT.

>> NEXT PLAT FINAL PLAT 36-21 FINAL PLAT OF TUSCANY TRAILS SECTION 6 AND 7. 15 FAMILY HOME SITE CONTINUATION OF EXISTING SUBDIVISION OVER ALL OF WALDRIF DRIVE. THESE THREE PLATS WERE REMOVED BY THE REVIEW COMMITTEE WHO FOUND THEY WERE CONSISTENT WITH CHAPTER 3 ARTICLE II OF THE CODE.

THEY ARE RECOMMENDING APPROVAL TO YOU ALL TODAY.

>> ANY QUESTIONS TO JARED? >> THE NEXT PLAT FOR CONSIDERATION FINAL PLAT 3721 HARVEST SECTION ONE.

MANY OF YOU WILL RECALL BACK IN APRIL OF THIS YEAR APPROVING PRELIMINARY PLAT FOR THE HARVEST SUBDIVISION THIS SIMPLY SECTION 1 THEY ARE FINAL PLOTTING OUT 96 SINGLE FAMILY HOME SITES. THAT YOU'RE NEAR THE INTERSECTION OF FM-707 AND BUFFALO GAFF ROAD.

THIS PLAT REVIEWED BY THE DEVELOPMENT REVIEW COMMITTEE WHO FOUND CONSISTENT WITH CHAPTER 3 ARTICLE II OF THE LAND DEVELOPMENT CODE SUBDIVISION STANDARD AND RECOMMEND APPROVAL TO YOU TODAY.

WITH THE FOLLOWING CONDITIONS, PRIOR TO RECORDING CITY STAFF NEEDS TO BE FURNISHED WITH TITLE OPINION OR TITLE COMMITMENT LETTER. PRIOR TO RECORDING CONSTRUCTION PLAN HAVE TO BE SUBMITTED AND APPROVED AND ULTIMATELY ALL PUBLIC IMPROVEMENTS MUST BE IN PLACE OR FINANCIAL GUARANTEE OR A BOND MUST BE POSTED.

AGAIN PRIOR TO RECORDING, ADDITIONALLY THERE'S AN EASEMENT THAT WILL BE RELEASED WITH THIS SUBDIVISIONAL PLAT.

BEFORE THIS ACTUALLY GETS RECORDED THAT EASTMENT RELEASE NEEDS TO BE REVIEWED BY THE DEVELOPMENT REVIEW COMMITTEE APPROVED AND RECORDED AT THE TAYLOR COUNTY CLERK'S OFFICE AND LASTLY, THERE WAS A LITTLE BIT OF DISCREPANCY WITH A STREET NAME WITHIN THE SUBDIVISION.

PRIOR TO RECORDING THE APPLICANT NEEDS TO GET WITH OUR 911 ADDRESSING DEPARTMENT TO RESOLVE A SUFFICIENT STREET NAME WHICH WILL NOT BE DUPLICATE OF EXISTING STREET

NAMES. >> NEXT MRALT FOR CONSIDERATION ACTUALLY PLAT VACATION.

THIS KIND OF INTERESTING SITUATION.

THIS IS FINAL PLAT THAT HAS BEEN RECORDED BACK IN 2014.

AS YOU CAN SEE THERE'S AN INFROM INDICATE NETWORK OF UTILITY EASEMENT THAT THROUGH THIS SUBJECT PROPERTY.

I WAS CONTACTED BY BJ ABOUT TWO MONTHS ABOUT HOW CAN WE RELEASE OR MOVE THE EASEMENT AND START FROM SCRATCH AT WHICH POINT I HAD SUGGESTED DOING EASEMENT RELEASE PROCESS. REREPORTED BACK TO APPLICANT THEY WERE NOT INTERESTED IN DOING EASEMENT RELEASE PROCESS THEY WANTED TO GO THROUGH PLAT VACATION PROCESS.

THIS MEANS WE'RE WIPING THE SLATE CLEAN AND STARTING FROM SCRATCH. WE WILL REMOVE THE EASEMENT WAVING THROUGH THE PROPERTY ACCEPT FOR THOSE RECORDED BY INSTRUMENT. THERE'S A FEW.

WITH THAT EASEMENT -- WITH THAT VACATION DOCUMENT, WE HAVE TO LEGAL INSTRUMENT THAT GOES TO CLERK'S OFFICE THEN THEY WILL WRITE VACATED ON THIS RECORDED PLAT.

WITH THAT INSTRUMENT THEY HAVE TO DELIVER A REPLAT, ESSENTIALLY. WHAT WILL ACTUALLY TAKE ITS PLACE WHICH IS THE NEXT PLOT F-3721SIERRA SUNSET ADDITION.

LOT ONE, BLOCK A. IT'S SIMILAR TO THE PREVIOUS PLAT A LITTLE BIT LARGER SO INITIALLY RECORDED PLAT ONLY 19 ACRES. THIS ONE IS 25.

AS YOU CAN SEE ALL OF THOSE EASEMENTS HAVE BEEN REMOVED.

ACCEPT FOR THE FEW THAT ARE RECORDED BY INSTRUMENT.

AND NEED TO REMAIN IN PLACE DUE TO EXISTING UTILITIES.

THIS PLATS REVIEWED BY ABILENE REVIEW COMMITTEE WHO FOUND CONSISTENT WITH CHAPTER 3 ARTICLE II OF OUR LAND DEVELOPMENT CODE. THEY ARE RECOMMENDING APPROVE TO YOU TODAY WITH THE FOLLOWING CONDITIONS.

PRIOR TO RECORDING THIS FINAL PLAT, CITY STAFF HAS TO BE FINISHED WITH TITLE OPINION. OR A TITLE COMMITMENT ESSENTIALLY ENSURING OWNERSHIP OF EVERYTHING THAT'S SHOWN WITHIN THE BOUNDARIES OF THE SUBDIVISION PLAN.

THEY MUST PROVIDE CONSTRUCTION PLAN TO CITY ENGINEER WHO APPROVE THE PLAN AND ULTIMATELY THE PUBLIC IMPROVEMENT NECESSARY MUST BE PUT IN PLACE OR FINANCIAL GUARANTEE OR SOME SORT OF BOND MUST BE POSTED FOR THE TIMELY CONSTRUCTION OF ALL NECESSARY PUBLIC IMPROVEMENTS.

SAME GOES FOR DRAINAGE PLAN. THAT MUST BE APPROVED AND

[00:10:03]

THOSE IMPROVEMENT MUST BE IN PLACE PRIOR TO RECORDING THIS

FINAL PLAT AS WELL. >> DO YOU HAVE ANY QUESTIONS REGARDING ANY OF THE SIX ITEMS?

>> THE PLAT VACATION SHOULD NOT THAT BE A PART OF THIS

PLAT? >> SHOULD IF YOU VACATE THE OTHER PLAT BEFORE YOU DO THIS PLAT?

>> RIGHT. THIS PLAT YOU'RE SEEING TODAY IS FINALIZE FORTUNATELIALLY FINALIZE THAT VACATION.

IN ORDER FOR YOU PROCESS PLAT VACATION PROVIDE WITH REPLACEMENT. YES, WE COULD ADD THAT AS A CONDITION THAT THIS BE RECORDED.

>> YOU CAN'T DO THIS. >> EXACTLY RIGHT.

>> I WANT TO KNOW THOUGHT PROCESS BETWEEN THE CLIENT NOT BEING WILLING TO DO THE EASEMENT VERSES THE VACATION.

>> THAT'S A FANTASTIC QUESTION.

AND BJ IS HERE ELABORATE ON WHAT THEY MIGHT HAVE BEEN.

THEY COULD HAVE GONE EITHER WAY.

IT'S THEIR CHOICE. AT THE END OF THE DAY IT'S THE

EXACT SAME. >> THEY WANT TO START FROM SCRATCH. I'LL LET BJ ANSWER THAT IF YOU DON'T HAVE QUESTIONS. LET ME CLARIFY.

FIRST THREE PLATS. 3421, 3521, 3621 THOSE HAVE NO CONDITIONS. AND THE LAST THREE HAVE

CONDITIONS. >> THAT'S CORRECT.

>> THANK YOU. >> THANK YOU.

CALL FOR PUBLIC HEARING. OPEN THE PUBLIC HEARING.

B.J. COME UP AND ALIGN US A LITTLE BIT.

I REPRESENT BUYER AND SELLER ON THIS DEAL CONCURRENTLY.

THE DEALS THIS WAS AN OLD DEVELOPMENT.

I SAY OLD IT'S ONLY BEEN FOUR OR FIVE OR SIX YEARS AGO.

ANOTHER COMPANY COMING IN TO PUT APARTMENT ON THE SMALLER SIDE OF IT. THOSE WOULD BE PROBABLY 3 TO 4 STORY BUILDING, POSSIBLY. I BELIEVE THAT GOT ALL PLANNED OUT. IN FACT I THINK I'VE SEEN A COPY OF THE SITE PLAN PRODUCED FOR THAT PROJECT THAT WAS APPROVED AND READY TO GO. OWNER BACKED OUT IN THE PROCESS AND DECIDED NOT TO DO IT.

AS A RESULT OF THE DESIGN PROCESS THROUGH SITE PLAN THEY HAD IT PLATTED IT AND PUT ALL OF THE INTERNAL EASEMENT IN THERE NECESSARY FOR FIRE LINES PARTICULARLY.

THE CITY FIRE DEPARTMENT HAS GONE AWAY FROM ALLOWING PRIVATE FIRE HYDRANT AND PREFER THEM ON THE CITY SYSTEM OR NOT AT ALL. WE STARTED DOING SEPARATE FIRE LINES TO PUT THEM IN PUBLIC WATER USE EASEMENTS.

THAT'S REALLY WHAT YOU ARE SEEING THERE.

ALL THOSE INTERIOR EASEMENTS ARE FOR WATER LINED PROPOSED FOR THAT PARTICULAR DEVELOPMENT.

THE CURRENT BUYERS OBVIOUSLY HAVE A DIFFERENT LAYOUT IN MIND. THEY USE DIFFERENT BUILDINGS.

THEY'VE ADDED THE SIX ACRE TO THE EAST AS PART OF THE PROJECT. DUE TO THE DENSITY REQUIREMENT OF THE PDD. THEY HAVE TO USE SMALLER BUILDINGS JUST TO KEEP THE UNIT COUNT IN COMPLIANCE.

OBVIOUSLY WE WILL NOT BE ABLE TO USE THE EASEMENT PLOTTED, WE WILL HAVE TO REDO IT. FROM THERE PURCHASING LEGAL COUNCIL THEY DESIRED TO HAVE IT COMPLETELY WIPED CLEAN AND MADE SURE THE OWNER TOOK CARE OF THE EASEMENT.

SO THEY DIDN'T RUN INTO ANYTHING WEIRD OR IFFY ON THE CLOSING SIDE. THEY ALSO THERE'S ANOTHER PIPELINE EASEMENT THAT WENT IN RIGHT ON THE SOUTH PROPERTY LINE OF THIS THAT CUTS UP THROUGH THE SOUTHWEST CORNER OF THAT PROPERTY. THEY DID NOT WANT TO BUY THAT PIPELINE EASEMENT. THEY CAN'T BUILD ON IT.

THEY BASKLY PULLED THE PROPERTY LINE BACK OFF OF THAT USING THAT CORNER CLIP THERE. ONLY BUYING THE AREA THAT IS ALONG BLOCK 1-A. THAT'S LONG AND SHORT OF IT.

JUST THE INSTRUMENT THEY CHOSE TO SATISFY THE BUYERS, LEGAL COUNCIL ON THEIR SIDE OF IT. I DO APPRECIATE STAFF WORKING WITH US ON THIS. THIS WAS AN OBSCURE ONE.

ONE I DON'T THINK WE WILL PROBABLY SEE AGAIN.

[00:15:10]

QUESTIONS? >>

>> IT NULLIFIES IT. IN ORDER TO MAINTAIN ALL THE EASEMENTS THAT NEEDED TO BE MAINTAINED ON THE PROPERTY WE HAD TO FOLLOW UP WITH REPLAT TO MAKE SURE EVERYTHING STAY INAPPROPRIATE EASEMENTS, ET CETERA.

THE EASEMENT ABANDONMENT PROCESS WOULD HAVE BEEN A WRITTEN REQUEST PLACED BEFORE THE CITY STAFF TO SIMPLY AND ALL OF THOSE UNNEEDED EASEMENTS ON THE INSIDE OF THE PROPERTY THAT HAS TO GO I BELIEVE PNZ AND CITY COUNCIL FOR APPROVAL. PART OF THE ISSUE THERE WAS TIMING. OBVIOUSLY IF IT HAS TO GO TO COUNCIL IT TAKES LONGER. THEY WERE UNWILLING TO WAIT FOR THAT. THEY WOULD CLOSE AND GET STARTED. THAT'S LARGELY THE DIFFERENCE.

IF THAT HELPS. >> YOU NOW HAVE A CLEAN PLAT,

YES. >> ON RECORD AT THE COURTHOUSE. YES, THE OTHER ONE GOES AWAY.

THOSE OTHER EASEMENTS DO NOT EXIST.

>> THE OTHER ONE -- THAT PLAT WILL STAY IN PLACE.

YOU HAVE EASEMENT DOCUMENT. >> THAT'S CORRECT.

>> CLEAN PLAT -- >> THIS WOULD BE ANYONE SURVEYORS PULL PLATS FUTURE PLATS AND SURVEYS THIS WOULD SHOW UP INSTEAD OF THE OTHER ONE.

THE OTHER ONE MAY SHOW UP AND CAUSE CONFUSION.

HAVING DONE IT THE OTHER WAY. >> LIKE I SAID THIS WAS AN OBSCURE ROUTE TO TAKE IT HAS NOT BEEN DONE VERY OFTEN.

>> THANK, APPRECIATE IT. >> THANKS.

ANYONE ELSE LIKE TO ADDRESS ONE OF THE PLATS?

>> THANK YOU ALL. CLOSE THE PUBLIC HEARING.

ANY FURTHER DISCUSSION OR DO I HEAR MOTION TO APPROVE?

>> MOTION TO APPROVE THE THREE WITHOUT CONDITIONS.

AND THEN THE SIX THROUGH EIGHT WITH THEIR CONDITIONS AS

STATED BY CITY. >> MOTION?

>> SECOND. >> AND THE SECOND.

>> THE MOTION TO APPROVE CARRIES.

[ZONING]

>> ZONING CASE 12-2021-11 RECEIVE A REPORT AND HOLD A DISCUSSION AND PUBLIC HEARING ON A REQUEST FROM HRT ENTERPRISES AND JOHNNIE TROTTER REPRESENTED BY JACOB MARTIN TO CHANGE ZONING FROM AGRICULTURE OPEN PACE TO RESIDENTIAL SINGLE FAMILY. .

>> THANK YOU, MR. CHAIRMAN. I'M BRAND STONE.

I'M ONE OF THE PLANNERS ON THE CITY PLANNING STAFF.

AS THE CHAIRMAN THIS REQUEST TO REZONE APPROXIMATELY 240 ACRES OF VACANT AND AGRICULTURAL LAND CURRENTLY OPEN DISTRICT TO RS-6 OR SINGLE FAMILY RESIDENTIAL ZONING DISTRICT ALLOWING SINGLE FAMILY HOME SITES AS SMALL AS 6,000 SQUARE FEET IN SIZE.

THIS SLIDE SHOWS THE SUBJECT PROPERTY PROPOSED TO BE REZONED IN THE YELLOW HIGHLIGHTED.

THESE 240 ACRE HAVE FRONTAGE ON HIGHWAY 351 AND THE SOUTHEAST AND ON EAST LAKE ROAD ALONG THE WEST SIDE OF THIS YELLOW HIGHLIGHTED AREA. THE RESIDENTIAL SUBDIVISION KNOWN AS HERITAGE PARKS LIES DIRECTLY TO THE SOUTHWEST AND WEST OF THIS SUBJECT PROPERTY. THIS SLIDE SHOWS THE PRESENT ZONING OF THIS SUBJECT PROPERTY AS WELL AS THE ZONING OF PROPERTIES NEARBY. MOST LAND LOCATED TO THE SOUTH AND WEST OF THIS SUBJECT PROPERTY HAS ALREADY BEEN DEVELOPED WITH A VARIETY OF DIFFERENT HOUSING TYPES.

THESE INCLUDE CONVENTIONAL SINGLE FAMILY HOME AS WELL AS TOWN HOMES. PATIO HOMES, AND TWO FAMILY HOMES. A CHURCH CAMP ALSO ADJOINS THE SUBJECT PROPERTY ADJACENT TO HIGHWAY 351.

LAND LOCATED TO THE NORTH AND EAST OF THIS SUBJECT PROPERTY REMAINS OUTSIDE OF ABILENE CITY LIMITS AND REMAINS IN AGRICULTURE USE. THIS SLIDE SHOWS A LIST OF ALLOWED USES IN THE RF-6 ZONING CLASSIFICATION.

USES IDENTIFIED WITH A P ARE AUTOMATICALLY PERMITTED.

USES IDENTIFIED WITH THE C ARE ALLOWED ONLY WITH CITY COUNCIL APPROVAL OF A CONDITIONAL USE PERMIT AFTER A PUBLIC HEARING AND RECOMMENDATION BY THE PLANNING AND ZONING COMMISSION. WE HAVE A FEW PHOTOS OF THE SUBJECT PROPERTY. ALL OF THEM TAKEN FROM HIGHWAY

[00:20:04]

351. AS I MENTIONED BEFORE THIS PROPERTY VACANT ANDING AGRY CULTURAL.

ON THE LION SHARE OR EASTERN PART OF THIS PROPERTY THAT YOU CAN SEE FROM HIGHWAY 351, IT'S CULTIVATED FARM LAND.

WE DON'T HAVE PHOTOS SHOWING THE VIEW OF THE PROPERTY FROM EAST LAKE ROAD. THAT PROPERTY CLOSER TO EAST LATE ROAD IS NOT AGRICULTURE. IT'S NOT CULTIVATED.

IT'S WILD PROPERTY AND AS WE DISCUSS LATER DOES HAVE SOME WHAT'S BEEN DESCRIBED AS MARSHY WETLAND OR A POND.

DEPENDING UPON YOUR POINT OF VIEW.

CITY STAFF NOTIFIED 76 OWNERS OF PROPERTY WITHIN 2300 FOOT RADIUS OF THE SUBJECT PROPERTY.

BY MIDMORNING TODAY WE RECEIVED 2 WRITTEN RESPONSES IN FAVOR AND SIX WRITTEN RESPONSES IN OPPOSITION.

I DO HAVE SOME SPECIFIC COMMENTS FROM AT LEAST FOUR OF THE SIX PROPERTY OWNERS RESPONDING IN OPPOSITION AND I CAN CIRCULATE THOSE TO YOU BUT THEIR CONCERNS ARE PRIMARILY TWOFOLD. ONE THEY ARE CONCERNED ABOUT DRAINAGE PROBLEMS. ON PROPERTIES AND ON PROPERTIES ALONG BUNKER HILL DRIVE AND ON BUNKER HILL DRIVE SOUTH AND DRAINAGE PROBLEMS AT THE NORTH END OF VALLEY FORGE ROAD. PROPERTY OWNER ARE CONCERNED THAT FUTURE DEVELOPMENT OF THE SUBJECT PROPERTY MIGHT SIMPLY EXACERBATE THE DRAINAGE PROBLEMS THEY'VE WITNESSED IN THEIR NEIGHBORHOOD. THE OTHER TYPES OF CONCERN EXPRESSED BY THOUGH RESPONDING IN OPPOSITION ARE REALLY MORE OF A QUESTION ABOUT WHAT WILL BECOME OF THIS MORE NATURAL AREA IN THE NORTHWEST CORNER OF THIS SUBJECT PROPERTY NORTH OF BUNKER HILL AND NORTH OF VALLEY FORGE ROAD.

AGAIN IT'S BEEN DESCRIBED AS I MENTIONED EARLIER AS A MARSHY WELTLAND THERE'S A LAND THERE. IT SEEMS MORE NATURAL AN AREA.

QUITE FRANKLY LOOKS DIFFICULT TO DEVELOP.

THEY ARE MORE SERIOUS ABOUT WHAT IS FUTURE OF THIS PROPERTY. AND ESPECIALLY CONCERNED, AGAIN, ABOUT WHETHER DRAINAGE PROBLEMS THEY WITNESS ALREADY MIGHT BE EXACERBATED BY FUTURE DEVELOPMENT OF THE PROPERTY.

CITY STAFF GENERALLY RECOMMENDS APPROVING THIS REQUEST FOR RS-6 ZONING ON ALL 240 ACRE EMBRACED BY THIS APPLICATION. ON THE MAP OF FUTURE LAND USE THAT'S LONG BEEN INTEGRATED WITHIN ABILENE COMPREHENSIVE PLAN ALL LAND ENCOMPASSED WITHIN THE APPLICATION IS DESIGNATED FOR LOW DENSITY RESIDENTIAL USE PROPOSED RF-6 ZONING IS INDEED CONSISTENT WITH THIS FACET OF COMPREHENSIVE PLAN. APPROVAL OF SUCH ZONING WILL GIVE THE OWNER AND DEVELOPERS OF THIS PROPERTY A GREEN LIGHT TO BEGIN MORE DETAILED PLANNING FOR FUTURE SUBDIVISION OF THIS PLANT. THANK YOU.

I WILL BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.

>> DRAINAGE CONCERNS, DO YOU FEEL COMFORTABLE THE CITY WILL BE ABLE TO WORK WITH THEM TO COME UP WITH BEST USE.

WHAT'S YOUR LEVEL OF RESPONSE TO THAT AS A CONCERN?

>> AGAIN, I'M NOT A CIVIL ENGINEER.

HOPEFULLY THE PROPONENTS ARE REPRESENTED BY CIVIL ENGINEERING FIRM HOPEFULLY THEY CAN ANSWER THOSE QUESTIONS. ANY FURTHER QUESTIONS?

>> THANKS, BRAD. >> I WILL OPEN THE PUBLIC HEARING. COME ON UP.

LANCE THOMAS. I'M NOT WE MET BEFORE CLINT I'M NOT A CIVIL ENGINEER. I DO VENT TO BE A CIVIL ENGINEER TO TELL YOU WITH GREAT DEGREE OF CONFIDENCE THAT WATER RUNS DOWNHILL. EVERY SINGLE TIME PARTICULARLY ON LIBERTY VALLEY FORGE AND BUNKER HILL DRIVE.

RIGHT NOW THE PICTURE THAT YOU SEE, YOU SEE THE KIND OF MARSHY AREA AND I BELIEVE THE EPA WOULD CALL THAT A WETLANDS AND THERE'S ANOTHER LITTLE THANK YOU SEE OFF TO THE EAST OF THE BIGGER AREA THAT'S THE ONE THAT RECEIVED THE WATER

[00:25:04]

DIRECTLY FROM VALLEY FORGE. OR LIBERTY.

I'M SORRY. I HAVE AND I SENT YOU ALL PICTURES FROM YESTERDAY'S RAIN EVENT.

WE HAD RECEIVED WHEN I TOOK THOSE PICTURES, I HAD POURED OUT AN INCH O QUARTER OF RAIN FROM MY BACKYARD.

AND THEN AS THE DAY PROGRESSED OF COURSE IT GOT WORSE.

I TOOK THOSE BEFORE THE HEAVY STUFF CAME DOWN.

WHAT I HAD TO DO ON VALLEY FORGE.

MY NEIGHBORHOOD TO THE WEST WENT THROUGH THAT CORNER FLOODED OUT HIS CAR. WE HAD TO PUSH HIS CAR OUT OF THE FLOODING OF THE ROADS. THE NEIGHBOR TO MY FAR EAST ON THE CORNER OF LIBERTY AND BUNKER HILL HER DRIVEWAY WAS FLOODED. SHE HAS A HONDA CIVIC.

APPARENTLY YOU APPROVED I GUESS YOU APPROVED THERE'S A NEW STREET GOING IN I GUESS IT'S PLYMOUTH ROCK.

ONE OF MY PHOTOS HAVE VEHICLESES SHOW YOU.

EVERY NEW STREET ADDED TO THE EAST THE DOWNHILL IS LIBERTY DRIVE. THAT'S DOWNHILL.

AND TO THE NORTH. WHAT'S HAPPENING WATER IS COLLECTING FROM THOSE STREETS AIM SURE SOME PROFESSIONAL ENGINEER SAID GOSH THIS IS ALL GOING TO BE GREAT BUT GUESS WHAT. IT'S USING LIBERTY AND VALLEY FORGE AS THE MAIN DRAINAGE DIG FOR THEIR NEW 56.

I'M POSITIVE THAT ARE HAPPY TO SELL LOT THERE.

IT'S ALTERNATE OUR EXPENTSZ. I'M GENERALLY ALWAYS IN FAYAR OF DEVELOPMENT. I JUST DON'T WANT TO DO IT AS OUR EXPENSE. MAIN OBJECTION AND THE PERSON FROM STAFF. I FORGET YOUR NAME.

I DON'T UNDERSTAND WHY YOU WOULD APPROVE SOMETHING AND AGAIN I E-MAILED YOU THE. EVERY STREET, AGAIN EVERY STREET THAT'S ADDED PUTS MORE WATER ON THOSE TWO STREETS AND THEN STARTS TO GOING EAST AND WEST.

THE OTHER THING IS, WE HAVE MIGRATORY WATER FOUL.

I MANAGED THOUSANDS OF ACRES. WE HAVE MIGRATORY FOUL.

THE GEESE LAND THERE. THE DUCKS LAND THERE.

IT'S MARSHY AND WET ALL YEAR LONG.

WE CAN CALL THE ARMY CORPS OF CIVIL ENGINEERS.

I THINK THEY WOULD CHECK A LOOK BEFORE CHANGE D ZONING.

THIS NOORT WEST CORNER. IN MY OPINION] YOU WILL BY CHANGING THE ZONES OF THIS PROPERTY, YOU WILL GOING TO ULTIMATELY DEVALUE THE PROPERTY IN HERITAGES PARKS BECAUSE IT'S ALREADY MAXED OUT ON WATER CAPACITY.

AND THAT WAS WITH LESS THAT 2 INCH RAIN.

TCQ REQUIRES ME AS OIL AND GAS OPERATOR.

IF IRHAVE TO TANK I HAVE TO BUILD A BERM.

I HAVE TO HAVE THE CAPACITY TO HOLD ALL OF THE WATER IN THOSE TANKS, PLUS A SIX-INCH 15-YEAR EVENT.

IF WE HAD RECEIVE 6 INCHES OUR STREET WOULD HAVE BEEN FLOODED. ON YESTERDAY BECAUSE OF THE THE WHAT COULD GET TO THE STREAM.

I RECOMMEND YOU SAY NO. JUST NO TO THE ZONING CHANGE UNLESS AND UNTIL SOMEONE CAN SAY I WILL RETAIN ALL OF THE WATER IN ALL OF PROPOSED DEVELOPMENT.

I WILL RETAIN IT ON THAT PROPERTY AND NOT SEND IT ANY OF IT. NOT ONE WITH TCQ REQUIRES ME TO DO IN OTHER AREAS I WILL RETAIN IT OR IT WILL NOT BE BUILT PERIOD. THANK YOU.

>> ANY QUESTIONS? .

>> LIVE THERE. GOT MY PICTURES IF YOU NEED SO SEE THEM. THANK YOU.

GOOD MORNING ZONING BOARD. I'M DOG OFFERMAN.

I LIVE HERITAGE PARKS THE SUBDIVISION UNDER

[00:30:04]

CONSIDERATION. I WAS NOT IN THE NOTIFICATION AREA. I'VE BEEN OUTSIDE BUT I HAVE BEEN VERY CLOSE. I LIVED THERE 11 YEARS EYE SEEN THE DAMAGE THAT RAINFALL COVERED THAT MY MAYBE TALKED ABOUT EARLIER. I HAVE A DIFFERENT REASON JOOFR BEFORE THAT I WANT TO KIND OF SET THE AREAS FOR WHAT I WANT O SAY. A LOT OF PEOPLE IN ABILENE DON'T REALLY UNDERSTAND WHAT THE ZONING BOARD DOES.

BUT YOU LISTEN TO CHANGES IN OUR PROPERTY OWNERSHIP AND APPROVE OR DENY THE CHANGES. YOU ARE REPRESENTATIVES APPOINTED BY THE CITY COUNCIL. AM I RIGHT WITH THAT?

>> THAT'S CORRECT. >> YOU ARE NOT ELECTED.

>> THERE'S SIDES OFF OF HERE. A LOT OF BUSINESS INTEREST IN DEVELOPED THERE. JOHNNIE TROTTER IS VERY WEALTHY LAND BARRON. THERE'S AN OUTSIDE STORE IN PROP DEVELOPMENT WHICH IS ALWAYS GRRP I UNDERSTAND THAT.

THAT'S THE BIG PICTURE. BUT THE LITTLE PICTURE I WANT TO GIVE US REASON YOU HAVE THESE HEARING TO ALLOW THE PUBLIC INPUT ON WHAT HAPPENS TO THEIR COMMUNITIES.

AND COMMUNITIES ARE THE FOUNDATION FOR WHAT ABILENE IS KNOWN FOR. NOT CORPORATE INTEREST.

NOT LANDING BARE INTEREST. LET'S TAKE THE SIX OPOEBLTED IN FAN OF OR RIGHT OF THAT. MY PERSPECTIVE IS DIFFERENT IT'S NOT REALLY, REALLY MY HOME.

I'VE BEEN ON THE BOARD FOR SEVERAL YEARS.

I'M NOT THERE NOW. AND PEOPLE LOVE THIS AREA.

IT'S A VERY POPULAR AREA. AND IT'S GROWN.

MAYBE NOT AS MUCH AS THE SOUTH SIDE.

BUT I THINK THE INTEREST IF I COULD SPEAK ON BEHALF OF THE HOMEOWNERS, THERE, INOFFICIALLY, IT WOULD BE I THINK WOULD WANT TO KEEP THE SAME KIND OF HOMES BUILT THERE'S A THINGS DO YOU WANT TO DISRAUPT A FAMILY NUMBER I'M NOT SAYING ABSOLUTELY NOT. BUT I THINK I WOULD OFF TWO CONSIDERATION AND THEN I WILL BE OPEN FOR QUESTIONS.

LET ME JUST REFER TO MY NOTES. BECAUSE I'M GETTING A LITTLE BIT THING HERE. I SENT TO SHARON SAUER THERE'S A BIG LAND. THE PEOPLE NEED TO HAVE A VOICE IN SECOND DOES THE CITY HAVE A PLASTER PLAN FOR THIS SUBDIVISION THEY WOULD LIKE TO SHARE.

NOW IS THE TIME TO SHARE THAT. I KNOW THERE'S A CHANGE IN PERSONAL UNTIL. AND THINGS GOT LOW.

I THINK COULD SHOULD DO. AND THEN KWL REQUIREMENT THE CITY HAS FOR OPEN SPACES IN THE SUBDIVISION.

I WOULD LIKE TO ENTERTAIN THIS SUBDIVISION AS WELL AS IT.

I WOULD RECOMMEND YOU DRIVE-THRU THIS NEIGHBORHOOD TO SEE IT FOR YOURSELF. IT'S A GREAT NEIGHBORHOOD.

IT'S NOT SO PUSHED TOGETHER THAT ITS BUSY BUT NOT SO SPREAD OUT YOU KNOW IT'S NOT INTERESTING.

THERE'S ONE THING THIS NEIGHBORHOOD NEEDS IS MORE SPACE. THIS BIG DEVELOPER COMING IN BIG MONEY, NOT SAYING I DON'T WANT NEIGHBORHOOD SPACE.

I THINK THAT SHOULD BE YOUR. >> AGAIN I'VE BEEN INVOLVED IN THE ASSOCIATION FOR SEVERAL YEARS.

I'VE SEEN THE AREA GROWN. THANK YOU.

THANK YOU; APPRECIATE THAT. I'M DAN COX I LIVE 2258 BUNKER HIRL DRIVE. I ALSO PRIOR TO LIVING THERE LIVED AT 3234 VALLEY FORGE ROAD.

I'VE LIVED ON BOTH OF THE STREETS THAT ARE IN QUESTION.

I'M VERY PRO ABILENE GUY. I KNOW THAT BRINGS MORE

[00:35:02]

BUSINESS. AND MORE CHURCH AND THINGS THROUGH THAT BE INTO THE NEIGHBORHOOD ON UP SHOWED TO BE ONE OF THE GREEN DOTS. I SENT A LETTER THE ONE THE FURTHER ONE NORTH THAT'S ON THE CORNER OF BUNKER HILL AND LIBERTY. ACTUALLY WHAT IED BY WAS SAY I'M NOT OPPOSED TO DEVELOPMENT TO THE EAST.

IT'S THE KIND OF LAND THAT'S BEEN CULTIVATED.

IT'S FLAT. BUT THE THING THAT KEEPS COMING BEHIND THE BUNKER HILL STREET IS MARSH LAND.

I HAVE A CAME CAMERA ON THE BACK OF MY FENCE.

NOT ONLY A WALKWAY FOR FOLK TRYING TO GET OUT OF THE NEIGHBORHOOD FEEL AND INTO THE COUNTRY FEEL THEY PICK UP GOOSE AND DUCK AND RACOON YESTERDAY.

THERE'S ANIMALS OUT THAT IS HOW YOU WILL NOTICE THE ANIMAL THRIVING. THE DUCKS AND THE OTHER ANIMALS THAT ARE GOING FROM PLACE TO PLACE MY BRAIN JUST QUIT ON ME. AS THEY GO FROM ONE AREA TO THE OTHER THEY STOP IN THERE WITH THE RAIN, YESTERDAY, I LOOKED OUT OF MY WINDOW P THERE WAS WATER RUNNING EVERYWHERE. IT'S REALLY HARD TO BE ABLE TO KEEP THE DRAINAGE UNDER CONTROL WITHOUT A MASSIVE DRAINAGE PROGRAM. I DON'T KNOW ABOUT THE HOUSES BACK TO THE EAST. BACK TOWARD THE BELTWAY OFF OF 351. IMSURE THEY CAN CONTROL THE WATER THERE. THIS AREA IN THE FOR NORTHWEST CORNER I I HAVE SERIOUS CONCERN ABOUT THE DRAINAGE AND THE AESTHETIC VALUE IT PROVIDES IN THE COMMUNITY.

AS DOG SAYS IT'S. THEY ARE NOT OPULENT.

THEY HAVE NOT VERY, VERY SMALL SMALL HOUSE.

WE ENJOY THE COMMUNITY WE STOOM STOOM YOU CAN I WOULD LIKE TO QUALIFY MY APPROVAL AS SAYING THAT I THINK THAT WE NEED TO TWO WHAT WE CAN OUT TO THE EAST IF THAT'S -- IF THAT WORKS WITH THE CIVIL ENGINEERS.

BUT MIND THE OH BOTH FROM ENVIRONMENTAL STANDPOINT AND THEN JUST FROM THE FACTS THAT IT'S MARSH LAND.

I WOULD LIKE TO SEE YOU CONSIDERED NOT APPROVING THAT FOR HOUSES. THANK YOU.

HOW IT WAS WATER FLOWING DOWN LIBERTY HILL AND BUNKER THERE? LIBERTY AND BUNKER? WHERE THEY LAST FEW DAYS.

>> ELSE THERE WAS SEAL A SIGNIFICANT OF ART AND P LIBTERY THIS MORNING. ON VALLEY FORGE ANYTIME YOU GET AN INCH OF RAIN. THAT ROAD GOES ALL THE WAY TO CREST IN THE ROAD. IT'S STANDING WATER.

WHAT YOU HAVE YOU WILL GET WATER ON YOUR CAR.

THERE'S NOT ENOUGH PLACES TO GO.

IT. >> JUST PILES UP THERE?

>> DOES IT GO DOWN OVER A PERIOD OF TIME?

>> YET, I AGAIN TLVSZ A STRETCH FROM MY HOUSE LOOKED LIKE 15-FOOT WIDE RUNNING FROM THE TOP TANK THE LITTLE TAKE DOWN TO THE BIGGER TANK. IT GOT SUFFICIENTLY HIGH.

WE BEGAN TO KIND OF WATCH IT CAREFULLY AFTER A WHILE OF THE HARD AGAIN IT WOULD HAVE -- IT CAST FOLTS OF LOORL THERE SNVP I HAVE A FEELING IT'S RUNNING AROUND THE TANK NOW.

>> DO YOU HAVE A RAIN GAGE? >> I DO NOT.

>> I SAW 4 INCHES OF THAT BURST FLOW AND THE SECOND ONE WAS ABOUT TWO. I I WOULD SAY THAT'S -- IT FELT LIKE TWO INCHES. AND THE AMOUNT THAT WE SAW I WOULD SAY THAT WOULD BE CONSISTENT ZBROOCHLT THANK YOU

FOR. >> ANYONE ELSE?

>> GOOD AFTERNOON. I'M AGENT AND ENGINEER FOR LAND OWNER HERE. AGAIN THIS IS ZONING CASE TO DETERMINE WHETHER OR NOT AO SHOULD BE REZONED TO RF-6.

[00:40:03]

OBVIOUSLY I DO ACTUALLY APPRECIATE HEARING NEIGHBORHOOD CONCERNS. MY FIRM HAS TO DESIGNED WHATEVER DECIDES TO GO THERE. THE LAST FEW YEARS, THE PROPERTY OWNER HAS BEEN TAKING LITTLE BITE US OF THE PROPERTY. REZONING HERE AND THERE.

AT THIS POINT WE LOOK WHAT TO DO WITH REMAINDER OF 240 ACRE.

THERE'S NOT A MASTER PLAN. GO TO CONSTRUCTION HERE IN A WEEK OR TWO TYPE OF DEVELOPMENT IN THE WORKS.

HE WANTS TO TO GO THROUGH ONE MORE ZONING CASE

>> THAT'S WHY WE DO THE WHOLE THING.

AS FAR AS DRAINAGE IS CONCERNED.

THAT'S A MAJOR DRIVING FACTOR IN THAT PART THE NORTHWEST CORNER IN FACT FEMA HAS A FLOOD LANE THAT COMES ACROSS THAT ADEQUATE ADRIANA WE'RE WHATEVER WE DECIDE TO DO.

IF YOU DON'T KNOW DEAF EARS. TO THE PUBLIC.

THE ENTITIED OF LIBERTY. I KNOW FOR A FACT.

IT'S SITED IN PRETTY GOOD. IT'S GOT EARTH AND CHANNEL.

BEYOND THAT STREET DOESN'T GET OUT VERY GOOD.

I WOULD MAJOR ITS GREAT ALTERNATE THAT POINT THAT WOULD HAVE TO BRING APPROVED. WE HAVE TO GO THROUGH THE STREET CAPACITY CALCULATIONS AND ALL OF THE MATH THAT WE IS TO DO TO PROVE THAT WE WOULDN'T IMPACT EXISTING NEIGHBORS. BUT, AGAIN, I'M HERE TO OFFER ANSWER ANY QUESTIONS. BUT WOULD REQUEST THE CITY PNZ REZONE FROM HOLDING ZONING TO ONE OF THE LESS INTENSE ZONING THERE. ANY QUESTIONS, I CAN ANSWER.

>> ANY MORE QUESTIONS? >> YOUR SAYING THE MARSH LAND AND THE TANK ARE IN FEMA FLOOD AREA?

>> IF YOU PULL UP THE MAPS, THERE'S AN AREA THAT HIGHLIGHT AS PROBLEMSABLY FLOODPLAIN. WE WOULD HAVE TO WORK AROUND THAT WHEN WE DO PLANNING FOR THAT AREA.

THAT'S ALREADY KNOWN. >> IS THERE ANY DETENTION OUT

THERE ANYWHERE? >> POST TANK HAVE BEEN STUDIED TO SHOW HOW MUCH CAPACITY THEY HANDLE.

AND WE'RE RETROFITTED A LITTLE BIT IN THE LAST FEW PHASES BUT I BELIEVE THAT'S THE MAJOR -- IT'S SENTLY REGIONAL

DETENTION IN THAT CORNER. >> WITH THE EXISTING POND THAT'S THERE. 82 YES, THAT'S CORRECT.

>> DO YOU THINK ADDITIONAL DEVELOPMENT WOULD EXACERBATE

THE PROBLEM. >> WHICH PROBLEM?

>> THE DRAINAGE PROBLEM -- FOR THOSE STREET.

I THINK IT WILL HELP. I THINK ONCE YOU PAVE IT AND CLEAN OUT AND GET A PATH TO GET IT GOING TO WHERE IT WANTS TO GO INSTEAD OF IT GO OVER LAND.

THAT WILL CONTINUE TO MOVE THE WATER FAST DOWN THE HILL I'M TASKED WITH NOT MAKING IT WORSE.

IN FACT TRYING TO MAKE IT BETTER FOR EVERYONE.

I WOULDN'T BE DOING MY JOB IF I SEALED SOMETHING THAT DIDN'T

DO THAT. >> LAND DEVELOPER UNDER JACOB MARTIN, HAVE YOU WORKED ON THIS THE ENTIRE DEVELOPMENT?

>> NOT THE WHOLE THING. WE PICKED IT UP A FEW YEARS AGO. DID THE LAST TWO OR THREE PHASES. ASK WHICH ONES WERE THOSE.

THE ONE THAT'S CURRENTLY UNDER CONSTRUCTION.

EXTENSION OF OLD IRON SIDE AND I BELIEVE INDEPENDENCE.

>> WITH THE LAST FEW PHASES, YOU ALL HAVE BEEN IN CHARGE OF. HAVE THOSE EXASPERATED THE

PROBLEM OR HELPED? >> WE HAVE A DRAINAGE PLAN THAT SHOWS IT DOESN'T NEGATIVELY IMPACT.

THE STREET HAD CAPACITY AT THAT POINT.

>> ANY OTHER QUESTIONS? >> THANK YOU.

>> I LIVE 2134 BUNKER HILL. I'M NOT SURE IF MY RED DOT IS ON THERE. PROBABLY NOT.

I GAVE MY FORM TO BRAD. I'M VERY CONCERNED.

I GUESS I'M MORE CONCERNED ABOUT WHAT THE MASTER PLAN IS FOR THIS AREA. WE LOVE THE NEIGHBORHOOD.

[00:45:04]

IT'S GREAT. EVERYONE WANTS TO KEEP THEIR NEIGHBORHOOD JUST LIKE IT IS. IT'S QUIET, NO THROUGH STREETS. THAT'S WHAT WE LOVE.

I'M CONCERNED ABOUT WHERE THE TRAFFIC IS GOING TO GO.

IF YOU'VE DRIVEN EAST LAKE ROAD OR 351 THERE'S A TON OF TRAFFIC ALREADY. THINK ABOUT THAT CAREFULLY.

>> THOSE GREEN DASH LINES ON -- UP ON THE SCREEN THERE.

THOSE GREEN DABBINGLAND. AND THOSE ARE CORRECT

COLLECTORS IS THAT RIGHT? >> IS IT LIBERTY HILL?

>> JUST LIBERTY. >> LICKERZY TO GET IT OUT OF THE SUBDIVISION. IT LOOKS LIKE A NEW COLLECTOR THAT TIES 351 INTO THE EAST LAKE ROAD OVER THERE.

THOSE GREEN LINES -- >> THE GREEN SKWIGLY LINES.

THOSE ARE THE MAIN TRAFFIC ARTERIES.

THEY ARE GOING TO CONNECT AND EVENTUALLY BE OVER TO I-20.

>> EAST LAKE ROAD. >> YOU KNOW I'VE LIVED IN THIS DIVISION FOR OVER TEN YEARS. CLOSE TO 15.

AND THERE WERE SO MANY THINGS THAT WHEN WE MOVED THERE BACK MIND BUNKER HILL THE ORIGINAL DEVELOPER HAD PLANS FOR A COMMUNITY CENTER THERE. HIKE AND BIKE TRAIL AND THAT SORT OF THING. THAT NEVER HAPPENED.

NOW IT'S PASTEUR LAND. RUNNING CALL L BACK THERE.

I HEARD EVERYTHING FROM COMING 351 COMING OFF OF 351 AT EAST LAKE ROAD EVENTUALLY HOOKING OVER TO I-20.

DOWN TO EAST LAKE ROAD GOING OVER THERE WERE BURGERS AND BARBECUE PLACE. STRAIGHT DOWN EAT LACE.

YOU KNOW THERE'S A -- THERE'S ALREADY BEEN DISCUSSIONS

ABILITY CUTTING ROADS TO I-20. >> WHICH COULD HELP THE

TRAFFIC SITUATION. >> BUT MY CONCERN ESPECIALLYING ON BUNKER HILL IS TRAFFIC PROBLEMS. AND WHAT WILL BE DIRECTLY BEHIND ME ON BUNKER HILL.

BECAUSE IT'S WET THERE ALREADY.

VERY WOELT. WE HAD 4 INCHES OF RAIN COMPILED YESTERDAY. THOSE ARE MY CONCERNS.

>> APPRECIATE IT. >> THANK YOU.

ANYONE ELSE? >> CAN I RESPOND?

TO ONE THING -- >> COME ON UP.

I HAVE PICTURES. IN JACOB ARE RESPONSIBLE FOR THE LAST TWO ROAD. I HAVE PICTURE OF WATER POURING ON TO LIBERTY AND EXACERBATING THE PROBLEM.

IT'S I WISH YOU WOULD COME OUT AND TAKE A LOOK AT IT.

IF YOU SAY THAT IT DOESN'T, I WOULD COMPLETELY DISAGREE WITH THAT. THAT'S ABSOLUTELY FALSE.

I WOULD LIKE TO MAKE AN ADDITIONAL COMMENT.

>> COME BACK TO THE MIC. >> THANK YOU.

TWO THINGS. ONE IS I HAVE TALKED TO PEOPLE IN THE NEIGHBORHOOD ABOUT GETTING SOME I MENITIES SINCE THEY'RE A IS HOMEOWNER ASSOCIATION THERE.

THE ORIGINALLY HAD BIG PLANS. I'M FROM ILLINOIS.

THEY HAD PLAN FOR NEIGHBORHOOD UP THERE.

AND THEN SUDDENLY ENDED UP IN JAIL FOR SOME REASON.

I THINK MY POINT IS THAT SOME PLANS GO ARRIVE.

BUT I THINK ONE THING THAT WOULD MAKE CHANGE MORE ACCEPTABLE ARE TWO THINGS. ONE IS LET'S GETTING NEARING TO LOOK AT THE DRAINAGE. AND THEN, TWO, IS THE ASSOCIATION IS VERY INTERESTED IN ACQUIRING PROMPT TO KEEP THE NEIGHBORHOOD WITH SOME MORE OPEN SPACES AS WAS DONE BY THE ORIGINAL DEVELOPER. AND I THINK IF YOU WOULD KEEP THAT IN MIND. AS YOU MAKE YOUR DECISION IT WOULD BE A LOT BETTER FOR EVERYONE.

[00:50:04]

>> I DO THINK -- I UNDERSTAND WHAT YOU ARE SAYING.

I DO THINK POTENTIALLY YOUR CONCERNS ARE MORE ACCURATELY PLACED AT THE PLATTING PROCESS WHEN THEY THEY PRESENT.

THIS WHAT THEY WOULD LIKE TO DO RATHER THAN ZONING PROCESS.

DOES THAT MAKE SENSE? THIS THE KIND OF A CHANCE.

THIS STEP THEY HAVE TO TAKE TO BASICALLY DRAW UP PLANS.

THE CARD AHEAD OF THE HORSE TYPE THING.

BUT ISN'T THE DRAINAGE -- SHOULDN'T THAT BE

FIRST AS WELL? >> THAT THE SOMETHING THEY WILL HAVE TO ADDRESS. I'M NOT A CITY ENGINEER.

THAT WOULD BE KAERNED WHEN THIS COMES BACK BEFORE AND AS AS YOU SAID I DON'T KNOW IF THAT'S IN MONTH OR PIECE BY PIECE OR WHATEVER IT IS. THE CHANCE TO COME AND SAY WE HAD 4 INCHES OF STANDING WATER.

EVERY TIME YOU ADD SOMETHING YOU HAVE TO FIGURE OUT A WAY TO DO THIS BETTER. THAT TO ME IS MORE OF PLATTING ISSUE THAN ZONING ISSUE. I DON'T DISAGREE WITH YOU.

I THINK HE NEEDED TO HEAR IT AS THEY ARE THINKING ABOUT

ZONING. >> I AM WORKING WITH THE REAL ESTATE AGENT TO PRESENT A PROPOSAL TO ACQUIRE LAND.

>> TOA CHOIR THE LAND FOR GREEN SPACES.

>> YES. AWESOME.

>> THANK YOU. >> OUR PLAN DOESN'T REQUIRE ANY TYPE OF GREEN SPACES OR ANYTHING WHATEVER THEY REZONE IN THIS AREA SO THE COMPREHENSIVE PLAN AND THE FUTURE LAND USE MAP DOES SAY THIS NEEDS TO BE LOW DENSITY RESIDENTIAL. WE DON'T HAVE PROVISIONS WITHIN THE LAND DEVELOPMENT THAT WE CHOIRMENT DEVELOPMENT TO ADD IN GREEN SPACE. FEMA FLOODPLAIN MAY FORCE

THAT. >> THERE'S A FAIRLY LARGE SUBSTANTIAL ACREAGE ESPECIALLY NORTHWEST CORNER THAT'S ANTICIPATED TO BE NONDEVELOPABLE GREEN SPACE.

UNTIL YOU SEE MY PLAN. I DON'T KNOW THAT YOU WILL BELIEVE. AS FAR AS LOT SIZE AND FEEL OF THE HOUSE. THE INTENT IS THAT IT WILL MIMIC WHAT'S THERE TODAY. THANKS.

>> THANK YOU. ANYONE ELSE

>> I WOULD LIKE SINCE THIS IS A SUBDIVISION AND AGAIN I'M NOT A CITY PLANNER JUST THINKING FOR THE NEIGHBORHOOD IS THAT ALL THE HOMES HERE SHOULD BE AND THIS IS NOT SOMETHING THE CITY IS INVOLVED WITH.

IT HEARD THAT OVER AND OVER. THERE SHOULD BE SET OF RESTRICTIONS THAT MENTION THE HOMEOWNER ASSOCIATION THAT ANYONE WOULD JOIN IS IN THE HOMEOWNER'S ASSOCIATION.

THAT HAS BEEN A POINT OF CONTENTION WITH SOME OF THE DEVELOPMENTS BUT I REALLY THINK THAT'S THE BEST THING THAT WOULD KEEP THE COMMUNITY TOGETHER.

THANK YOU. ANYONE ELSE.

WE WILL CLOSE THE PUBLIC HEARING.

DO WE HAVE DISCUSSION? >> I WOULD LIKE TO REITRATE WHAT BRAD WAS SAYING I THINK OUR JOB AS PLANNING AND ZONING COMMISSIONER TO ASSESS WHAT WE'VE BEEN GIVEN AND ZONING CASE AND DECIDE WHETHER OR NOT BASED ON OUR EXPERIENCE AND KNOWLEDGE THAT ABILENE CAN SUPPORT MORE RESIDENTIAL DEVELOPMENT IN THIS AREA. THAT'S OUR JOB AT THIS POINT AND THIS AGE. I THINK LIKE BRAD SAID WE'RE GRATEFUL NOW ARE HERE. THIS DOES GO TO CITY COUNCIL FOR APPROVAL. YOU HAVE MULTIPLE OPPORTUNITIES TO SHOW UP. I ALWAYS ENCOURAGE THE PUBLIC TO SHOW UP AND VOICE THE CONCERNS.

BUT I JUST WANT YOU TO KNOW WE HEAR YOU AND NOTHING YOU HAVE SAID FALLS ON DEAF EARS. IF THIS GOES THROUGH TODAY.

DON'T TAKE IT AS ANYTHING OTHER THAN AT THIS POINT IN THE GAME THAT WOULD BE US SAYING WE BELIEVE ABILENE CAN SUPPORT RESIDENTIAL DEVELOPMENT IN THIS AREA.

AND THEN WE'LL GO FORWARD LIKE BRAD SAID WITH PLATTING AND ALL OF THE TEDIOUS STUFF. WE WILL HAVE COUNCIL MEETING AND PLENTY OF PLANNING AND ZONING MEETING ON THIS AREA

BEFORE HOUSES ARE BUILT. >> I THINK AS PEOPLE WE APPRECIATE YOUR CONCERN FOR FLOODING.

>> I DON'T KNOW IF THEY WILL. I DON'T KNOW -- TO ME THAT'S WHY IT'S AN ARGUMENT FOR PLATTING PROCESS.

NOT NECESSARILY FOR ZONING PROCESS.

[00:55:01]

THERE'S GREEN SPACE. THERE'S RETENTION POND NATURALLY FORMED THERE THAT PROBABLY NEED TO BE REINFORCED WITH THE DEVELOPMENT TO BE ABLE TO TAKE THAT AND CARRY THE LOAD OF WHAT 240 ACRE WORTH OF NEW HOUSES WOULD DO.

THAT BEING SAID WE CAN'T SEE THAT TODAY.

AND NEITHER CAN YOU ALL. THAT'S A VERY, VERY GOOD ARGUMENT TO BE HAD AT THE PLANNING STAGE.

>> TECHNICALLY AT THE SITE PLAN STAGE.

>> BEFORE IT GETS TO HERE AGAIN.

>> WILL WE BE NOTIFIED WHEN THAT HAPPENS LIKE THIS OR IS THAT NOT ENCOURAGING RESIDENTS?

>> WE DO NOT NOTIFY WHEN THE PLATTING PROCESS HAPPENS.

IT NEEDS TO BE SOMETHING THE CITIZENS KEEP THEIR EYE ON.

IT WOULD BE SOMETHING THAT WOULD HAVE TO SEE ON THE ACTUAL AGENDA. DOESN'T GET NOTIFIED IN THE

NEWSPAPER EITHER. >> MOTION TO APPROVE.

>> MOTION TO APPROVE. SECOND.

>> AND THE SECOND. WE HAVE MOTION TO APPROVE.

THIS WILL BE ON THE NEXT CITY COUNCIL HEARING IF YOU WANT TO GO AND EXPRESS YOUR CONCERNS. IT GOES FROM US TO THEM.

THIS JUST A RECOMMENDATION PROCESS.

>> THANK YOU. NEXT CASE Z-2021-12 RECEIVE RECORD AND HOLD DISCUSSION OF PUBLIC HEARING REQUEST FROM MARILU AND GARY CORPIAN AND CHANGE ZONING FROM CENTRAL BUSINESS TO PLANNED ZONING ON TO CENTRAL BUSINESS.

>> GOOD AFTERNOON. CHERYL SAWYERS.

THIS Z-2021-12 OWNER GARY AND MARILU REQUEST TO REZONE 1243 SOUTH FIRST STREET FROM CENTRAL BUSINESS PLANNED DEVELOPMENT. ACCORDING TO THEIR APPLICATION REQUEST TO KEEP THE BASE ZONING OF THIS PROPERTY TO CENTRAL BUSINESS BUT ALSO ALLOW FOR RETAIL SALES OF SMALL AUTOMOBILES. THIS THE LOCATION MAP.

OF THE SUBJECT PROPERTY SHOWING YOU NORTH -- SOUTH FIRST AND THEN ALSO EVERYTHING ADJACENT TO THE PROPERTY IS BUILT OUT INTO CENTRAL BUSINESS.

ALL OF THE AREAS AS YOU CAN SEE ARE ZONED CURRENTLY CENTRAL BUSINESS. HERE'S A PERMITTED USE MAP FOR EVERY PERMITTED USE LIST FOR EVERYTHING THAT IS WITHIN THE CENTRAL BUSINESS DISTRICT AS YOU CAN SEE YOU CANNOT CURRENTLY SELL SMALL AUTOMOBILES IN THIS AREA.

AND YOU WERE NOT ABLE TO SELL THEM AS OF 1974 WHENEVER THE PROPERTIES WERE ZONED CENTRAL BUSINESS.

HOWEVER NOTED IN THE STAFF REPORT THE PARTICULAR PROPERTY HAS BRIEFS HISTORY AS SERVICE STATION TIRE SALES AND AUTOMOBILE SALES. IT'S CURRENTLY A SMALL AUTOMOBILE SALES COMPANY. THAT IS LEASING FROM M MR. CORPIAN TO COME INTO COME MROOIN WITH OUR CURRENT ZONING REGULATIONS MR. CORPIAN ISSED TO PUT IN THIS APPLICATION FOR PLANNED DEVELOPMENT TO ALLOW FOR THIS SPECIFIC USE OF SMALL

AUTOMOBILES SALES. >> HERE'S THE GRAPHIC CONCEPT PLAN OF THE SUBJECT PROPERTY. IT CURRENTLY LOOKS VACANT ON THIS. BUT AS YOU CAN SEE IN THE FOLLOWING PHOTOS THERE IS CURRENTLY AN AUTOMOBILE SMALL AUTOMOBILE SALES HAPPENING ON THE PROPERTY.

THIS IS NOTIFICATION AREA MAP. STAFF NOTIFIED ALL OF THE PROMPT OWNER WITHIN 200 FOOT OF SUBJECT PROPERTY AND WE RECEIVED ZERO IN FAVOR AND ZERO IN OPPOSITION.

STAFF RECOMMEND APPROVAL BASED ON THE REVIEW OF REQUEST PURSUANT SECTION 1414 OF LAND DEVELOP CODE FOR CRITERIA FOR APPROVAL. AND I'M HAPPY TO TAKE ANY QUESTIONS YOU MAY HAVE AT THIS TIME?

>> ANY QUESTIONED. >> WOULD ANYONE LIKE TO SPEAK

TO THIS ZONING CASE? >> I'VE OWNED THAT PROMPT ANT 25 YEARS. AND BASICALLY IT'S BEEN A USED CAR LOT FOR 25 YEARS BEFORE I BOUGHT IT.

IT WAS A USED CAR LOT. AND I DON'T KNOW WHAT HAPPENED I CAME DOWN HERE AND THE LADY WAS REAL HELPFUL AND SHE

[01:00:02]

SHOWED ME A BOOK. I DON'T THINK THE ZONING CHANGED BUT THE USAGE WHEN THE NEW BOOK CAME OUT 2010.

I WOULD ASK TO SEE THE OLD BOOK.

BUT I HAVEN'T SEEN IT YET. I WOULD THINK BEFORE THAT BECAUSE THAT WAS PAPER ROUTE WHEN I WAS A KID.

THERE'S BEEN A BUNCH OF USED CAR LOTS DOWN PINE AND IN THAT AREA PONTIAC DEALER. THEY HAD A USED CAR LOT.

AND THEN USED CAR CURRENTLY RIGHT ACROSS THE STREET.

ON THE OPPOSITE CORNER. THERE'S STILL A CAR LOT ON PINE AND CENTRAL BUSINESS. I DON'T SEE ANY PROBLEM WITH IT BEING CAR LOT. IT'S BEEN ONE FOR YEARS AND YEARS. IF I CAN ANSWER ANY QUESTIONS,

I WILL BE GLAD TO. >> ARE YOU MR. CORPIAN.

>> YES, SIR. >> CAN YOU STATE YOUR NAME PLEASE. I'M GARY CORPIAN.

ANY QUESTIONS? >> ARE ANY OF THE NEIGHBORS COMPLAINED ABOUT THE CAR LOT IN THE PAST?

>> NOT TO MY KNOWLEDGE IN 25 YEARS, NO ONE HAS EVER COMPLAINED. IT'S BEEN A CAR LOT -- FIRST HAD IT CAR LOT THEN THERE WAS CELL PHONES -- WHEN CELL PHONES FIRST CAME OUT AND EVER SINCE THEN IT WAS A CAR LOT.

MY LITTLE DAUGHTER AND STEP-DAUGHTER THEY WERE GOING TO PUT SNOWCONE STAND OR SOMETHING.

AND A CAR LOT WITH IT. BASICALLY IT'S BEEN A CAR LOT ALL THESE YEARS. AND A CORE LOT ACROSS THE STREET. I BOUGHT MY FIRST MOTORCYCLE ACROSS THE STREET. THAT WAS SEARS MOTORCYCLES AND LAWNMOWERS AND STUFF. THAT'S 60-SOMETHING YEARS AGO.

>> THANK YOU, APPRECIATE. >> HE'S BEEN THERE EIGHT MONTHS AND HE STILL HAS THREE YEARS.

THE FIRE MARSHALL COME BY THERE AND ASKED HIM ABOUT CERTIFICATE OF OCCUPANCY AND THEN HE CAME UP HERE TO GET IT. AND THAT'S WHERE THE -- THAT LITTLE BOOK DIDN'T SHOW IT. I DON'T THINK THE ZONING CHANGED OR NOTHING. THE BOOK CHANGED THE USAGE TO

THE BEST OF MY KNOWLEDGE. >> THANK YOU ALL.

>> THANK YOU. ANYONE ELSE LIKE TO WISH TO SPEAK TO CASE. WE WILL CLOSE THE PUBLIC

HEARING. >> I MOVE THAT THE REQUEST BE

APPROVED. >> SECOND.

>> MOTION TO APPROVE AND SECOND.

>> Z-2021-13 RECEIVE A REPORT AND HOLD A DISCUSSION OF PUBLIC HEARING ON REQUEST FROM CHAR I WOLFE TO CHANGE ZONING OF ADJOINING PROPERTIES AT 126 MOCKING BIRD AND SOUTH SECOND FROM NEIGHBORHOOD RETAIL TO RESIDENTIAL MEDIUM DENSITY TO

GENERAL COMMERCIAL. >> GOOD AFTERNOON.

I'M JARED SMITH. I WILL BE PRESENTING Z-2021-13. THE PROPERTY CHARLIE WOLFE, CHARLES WOLFE. REQUEST TO REZONE FROM MEDIUM DENSITY AND NEIGHBORHOOD RETAIL TO GENERAL COMMERCIAL.

THERE ARE TWO TRACKS WITH TWO DIFFERENT ZONING DISTRICT.

LOCATION 2958 SOUTH SECOND AND 126 MOCKINGBIRD LANE.

CITY STAFF SENT NOTIFICATION LETTER TO ALL PROPERTY OWNER WITHIN 200 FOOT RAID YUM. WE RECEIVED FIVE RESPONSES IN FAVOR AND ZERO IN OPPOSITION. LOCATION MAP SHOWING AERIAL IMAGE OF SUBJECT PROPERTY. WE'RE JUST WEST OF SOUTH MOCKINGBIRD LANE. AND JUST OFF OF SOUTH FIRST STREET. CURRENT ZONING MAP SHOWING SUBJECT PROPERTIES ARE CURRENTLY WITHIN A MEDIUM DENSITY AND NEIGHBORHOOD RETAIL ZONING DISTRICT AS YOU CAN SEE ON THE MAP TO THE NORTH AS WELL AS TO THE EAST OF MOCKINGBIRD LANE. THERE'S GENERAL COMMERCIAL ZONING IN THIS AREA. PERMITTED USES AND GENERAL COMMERCIAL ZONING THE REASON FOR THIS REQUEST IS THAT MR. WOLFE WOULD LIKE TO OPERATE A TRADE SCHOOL ON THIS SUBJECT -- ON THESE SUBJECT PROPERTIES.

TRADE SCHOOLS ARE NOT PERMITTED BY RIGHT WITHIN MEDIUM DENSITY NOR NEIGHBORHOOD RETAIL ZONING.

HEATS -- THAT'S THE REASON FOR THE GENERAL COMMERCIAL ZONING REQUEST. AS YOU CAN SEE TRADE SCHOOLS ARE ALLOWED BY RIGHT WITH NGC. A FEW PHOTOGRAPHS OF THE

[01:05:03]

SUBJECT PROPERTY AS WELL AS THE NEIGHBORING PROPERTIES.

HIESHSZ NOTIFICATION MAP SHOWING THE EXTENT OF THAT 200 FOOT NOTIFICATION AREA ONCE AGAIN ALL PROPERTY OWNER WITHIN THE NOTIFICATION AREA WERE NOTIFIED OF THIS REQUEST AND WE RECEIVED FIVE RESPONSES IN FAVOR INDICATED WITH THE GREEN DOTS HERE AND ZERO IN OPPOSITION.

STAFF FOUND THIS REQUEST WAS CONSISTENT WITH THE COMPREHENSIVE PLAN AND FUTURE LAND USE AND DEVELOPMENT PLAN MAP. REVIEWED PURSUANT TO 1414 OF LAND DEVELOPMENT CODE WHICH IS THE CRITERIA AND CITY STAFF RECOMMEND APPROVAL TO YOU ALL THIS AFTERNOON.

HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE AT THIS TIME.

>> ANY QUESTIONS OF JARED? >> THANK YOU.

WE'LL OPEN THE PUBLIC HEARING. ANYONE LIKE TO ADDRESS THIS

CASE? >> SEEING NONE WE WILL CLOSE THE PUBLIC HEARING. DO HAVE SOME FURTHER

DISCUSSION OR A MOTION? >> MAKE A MOTION TO APPROVE.

>> MOTION TO APPROVE. >> SECOND.

>> AND A SECOND.

MOTION TO APPROVE CARRIES. >> ZONING CASE Z-20201-14 RECEIVE A REPORT AND HOLD A DISCUSSION PUBLIC HEARING ON REQUEST FROM SHOP AT CARRIAGE HILLS LLC REPRESENTED BY JACOB MARTIN TO CHANGE ZONING FROM AGRICULTURE OPEN SPACE TO

GENERAL RETAIL. >> ONCE AGAIN I'M JARED SMITH.

I WILL BE PRESENTING Z-2021-14.

THE OWNER OF THIS PROPERTY HRT ENTERPRISES, INC.

REQUEST TORE AGRICULTURE OPEN TO RETAIL ZONING.

LOCATION 420 EAST BELTWAY. CITY STAFF SEND OUT NOIFLGS WITHIN THE 200 FOOT RAID YULIYA.

WE RECEIVED ZERO FAVOR IN RESPONSES AND IN OPPOSITION.

LOCATION MAP SHOWING AERIAL IMAGE OF THIS SUBJECT PROPERTY WE ARE IMMEDIATELY AT THE INTERSECTION OF MAPLE STREET AND EAST BELTWAY SOUTH WHICH IS FM-707.

CURRENT ZONING MAP SHOWING THE SUBJECT PROPERTY IS CURRENTLY WITHIN AN AGRICULTURE OPEN ZONING DISTRICT IMMEDIATELY TO THE NORTH IS THE CARRIAGE HILLS SUBDIVISION.

WHICH IS MIXTURE OF RS-6 AND PD WHICH ALLOWS FOR TOWNHOUSES. PERSON ADMITTED USE SLIDE SHOWING ALL THE USES ALLOWED WITHIN THE GENERAL ZONING DISTRICT IF YOU CHOOSE TO APPROVE TODAY AND GOES ON TO COUNCIL FOR APPROVAL. A FEW PARAGRAPHS OF T TT THE -- PHOTOGRAPHS OF THE SUBJECT PROPERTY. MAP SHOWING THE EXTENT OF NOTIFICATION AREA ALL PROPERTY OWNER WITHIN THIS NOTIFICATION AREA WERE NOTIFIED OF THIS REQUEST.

AND AS I STATED PREVIOUSLY WE RECEIVED ZERO RESPONSES IN FAVOR AND ZERO IN OPPOSITION. STAFF FOUND THIS REQUESTS CONSISTENT WITH COMPREHENSIVE PLAN LAND USE MAP.

REVIEWED PURSUANT TO CODE CRITERIA FOR APPROVAL AND CITY STAFF RECOMMENDING APPROVAL TO YOU ALL THIS AFTERNOON.

HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE AT THIS TIME.

>> IS THE CITY LIMITS CLOSE BY OUT THERE?

>> YES, IT IS. LET ME SEE IF I CAN SHOW.

ZONING MAP WHERE YOU SEE THE WHITE.

THERE'S NO ZONING COLOR APPLIED.

THAT'S OUTSIDE OF THE CITY LIMITS.

THERE'S NO ZONING IN THE COUNTY.

IT'S A GOOD REFERENCE POINT. >> BUT, YES.

>> DID YOU HAVE TO ZONE THAT? >> THAT'S IN THE COUNTY.

IT DIDN'T KNOW IT WAS AN ACE UNTIL I CAME HOME ONE DAY.

OH, THAT'S COOL. >> ANY MORE QUESTIONS OF

JARED? >> THANK YOU, JARED.

>> THANK YOU. >> ANYONE LIKE SPEAK TO US ABOUT THIS -- OPEN THE PUBLIC HEARING.

ANYONE WANT TO TALK ABOUT THE CASE?

>> THIS IS REQUEST TO GO GR HAS BEEN MASTER PLANNED THIS WHOLE TIME. NORTH OF THERE PD.

WE GOT REZONED TO TOWN HOMES WHICH WILL ACT LIKE DUPLEX.

WITH A NORTHERN BORDER OF THIS ZONING REQUEST BORDERED BY FAIRLY LARGE OVERHEAD ELECTRIC NATURAL BOUNDARY.

IF THERE'S ANY OTHER QUESTIONS, IT WOULD BE HAPPY TO ANSWER THEM. THANK YOU.

>> ANYONE ELSE? >> WE WILL CLOSE THE PUBLIC HEARING. DO WE HAVE A MOTION?

[01:10:01]

>> I MOTION TO APPROVE. >> MOTION TO APPROVE.

>> I WILL SECOND. >> AND A SECOND.

>> TV-2021-05 RECEIVED RECORD AND HOLD DISCUSSION ON REQUEST FROM ACCO FEED INK REPRESENTED BY ERIC PAUL JOHNTON AND 80 FOOT WIDTH OF PUBLIC RIGHT-OF-WAY.

WE WILL NEED TO REMOVE FROM THIS TABLE.

DO I HEAR A MOTION TO DO SO? >> I SPOKE WITH ERIC HE THOUGHT WAS TABLED UNTIL THERE WAS TWO DIFFERENT THINGS COMING BEFORE THE PROPERTY. THAT'S REASON HE'S NOT HERE.

>> THIS REQUEST WENT FORWARD. HIS OTHER REQUESTS TABLED INDEFINITELY. I DON'T KNOW WHEN OR IF IT

WILL EVER COME BACK. >> I THINK HE THOUGHT THAT APPARENTLY ONE OF -- LET'S TAKE IT OFF THE TABLE.

WE WILL HAVE TO PUT IT BACK ON THE TABLE.

>> DO I HAVE MOTION TO PULL FROM THE TABLE.

>> MOTION TO PULL FROM THE STABLE.

>> SECOND. >> ALL IN FAVOR.

AYE. >> THANK YOU, MR. CHAIRMAN.

I'M BRAD STONE. I'M PLANNER HERE ON OUR CITY PLANNING STAFF. AND ONE THING THAT'S CHANGED ABOUT THIS REQUEST SINCE THE LAST TIME WE TALKED ABOUT IT IS THE LAST PART OF THE REQUEST.

IT INCLUDES NOT ONLY SOUTH NINTH STREET EXTENDING EAST FROM SOUTH BOULEVARD BUT ALSO INCLUDES A 50-FOOT WIDE LONG ALLEY SEGMENT EXTENDING OR PROJECTING SOUTH FROM SOUTH

NINTH STREET. >> CAN I INTERRUPT YOU FOR A

SECOND? >> I DID WANT TO UNDERSTAND A LITTLE BIT MORE ABOUT WHAT YOU WERE SAYING.

DID YOU WERE SAY BECAUSE THE APPLICANT --

>> HE DID NOT THINK THAT WAS GOING TO BE UNTABLED FROM THIS AND MOVE FORWARD ON THAT'S WHY HE'S NOT HERE?

>> YES. >> IS THE WISH OF THE COMMISSION TO CONTINUE WITH THE STAFF REPORT WITHOUT IN ORDER POSSIBLY TABLE AGAIN. OR

>> LET ME -- I GUESS NOW THAT I HEAR THERE'S MORE COMPLICATED THAN THIS. I WOULD LIKE -- CAN IT HEAR

BOTH CASES. >> GIVE US AN OVERVIEW.

>> SAME REQUEST BUT EXPANDED A LITTLE BIT.

OKAY. >> THIS REQUEST IS TO AND THE PUBLIC'S RIGHT-OF-WAY WITHIN 80-FOOT SEGMENT EXTENDING 140 FOOT EAST. AND TO AND A 50-FOOT LONG SEGMENT OF AN ALLEY EXTENDING DIRECTLY SOUTH FROM THAT

SEGMENT OF SOUTH NINTH STREET. >> I THINK YOU HAD A MAP UP.

>> THERE WE GO. THIS SLIDE HIGHLIGHTS THE STREET AND ALLEY SEGMENT PROPOSED TO BE ABANDONED.

IN THE VERY CENTER OF THIS AERIAL PHOTO.

THE ALLEY SEGMENT PROPOSED TO BE ABANDONED IS THAT PROJECTION SOUTH FROM SOUTH NINTH STREET.

KEEPING IN MIND THAT ACCO FEEDS THE PROPONENT OF THIS REQUEST OWNS LAND DIRECTLY TO THE WEST OF THAT ALLEY SEGMENT AND THEY OWN LAND DIRECTLY TO THE EAST OF THAT ALLEY SEGMENT. THE LAND TO THE EAST OF THAT ALLEY SEGMENT IS THE LOCATION OF THEIR FEED MILL.

ALSO KEEPING IN MIND THAT THEIR GOAL IN ALL OF THIS IS TO HAVE A SECURE FENCED IN DRIVEWAY CONNECTION BETWEEN SOUTH TREAD AWAY BOULEVARD AND THE FEED SIDE.

IT'S MADE MORE SIMPLER BY INCLUDING THIS ALLEY SEGMENT

IN THE REQUEST. >> HOW DOES THAT HELP WITH THE

REFUGE? >> YOU WILL SEE HERE IN A MOMENT. SOUTH MAIN STREET EXTENDS NO FURTHER FROM EAST NOR HAS IT EVER.

AND THERE'S NO PLANS OR DESIRES FOR EXTENDING SOUTH NINTH STREET FURTHER TO THE EAST.

SO THIS SEGMENT OF SOUTH NINTH STREET THERE BY SEEM REALLY AN ALL TOGETHER GOOD CANDIDATE FOR ABANDONMENT.

HOWEVER THERE'S THIS PUBLIC ALLEY THAT DOES INTERSECT THIS SEGMENT OF SOUTH NINTH AND THIS ALLEY FUNCTIONS AS A USEFUL CONDUIT FOR OVERHEAD U'TILITY.

[01:15:01]

INCLUDING SEWER MAIN. ELECTRIC TRANSMISSION LINE.

LEK TRICKS DISTRIBUTION LINES. AND TELECOMMUNICATION LINES.

AND AS THE CHAIRMAN MENTIONED THIS SAME ALLEY SERVES AS A ROUTE FOR REFUGE COLLECTION TRUCK.

THEY EXIT NINTH STREET RIGHT-OF-WAY.

THIS SLIDE SHOWS THE ZONING OF ADJACENT AND NEARBY PROPERTY ALL OF WHICH IS CLASSIFIED FOR INDUSTRIAL OR HEAVY COMMERCIAL USE. EVEN THE PLANNED DEVELOPMENT DISTRICT, THE PD DISTRICT IN PALE YELLOW THIS ISN'T EARMARKED OR INTENDED FOR HEAVY INDUSTRIAL USE.

THIS SLIDE SHOWS SOME GROUND-LEVEL PHOTOS OF THE SUBJECT PROPERTIES AND THEIR SURROUNDINGS.

AT THE UPPER LEFT ONE CAN SEE THE SURFACE OF THIS SEGMENT OF SOUTH NINTH STREET IN THE FOREGRAND.

AS YOU CAN SEE THE RIGHT-OF-WAY IS NOT NOW PAVED NOR HAS IT EVER BEEN. IN THE MIDDLE GROUND ONE CAN SEE ELECTRIC POWER SUBSTATION WHICH OCCUPIED A LOT LOCATED NORTH OF THE SEGMENT OF SOUTH NINTH STREET RIGHT-OF-WAY.

THE PHOTO IN THE BOTTOM LEFT OF THIS SLIDE SHOWS SOUTH NINTH STREET EXTENDING WEST FROM SOUTH TREADAWAY AND IN THE DIRECTION OF WHAT WAS FORMALLY THE SILENT OF LOCUST ELEMENTARY SCHOOL. THIS SLIDE IS TRANSSUPPOSED SO NORTH A SOUTH AND SOUTH IS NORTH.

BUT THE OVERALL EFFECT IS PRETTY MUCH THE SAME.

THE PHOTO ON THE RIGHT SIDE OF THIS SLIDE SHOWS THE ALLEY SEGMENT PROPOSED TO BE ABANDONED.

SOME PORTION OF THIS ALLEY EXIST AT THE EAST END OF SOUTH NINTH STREET. BUT ANOTHER PORTION OF THIS ALLEY PROPOSED TO BE ABANDONED EXTENDS 50 FEET SOUTH FROM SOUTH NINTH STREET. AS YOU CAN SEE THE ALLEY DOES INDEED SERVE AS CONDUIT FOR UTILITIES AND AS A ROUTE FOR REFUGE COLLECTION TRUCKS. CITY STAFF NOTIFY 12 OWNER OF NEARBY PROPERTY. ONE OF THOSE IS AEP THE ELECTRIC COMPANY. THEY ARE GENERALLY IN FAVOR THF REQUEST ALBEIT WITH SOME CONDITIONS THAT I WILL DESCRIBE IN A MOMENT. I MIGHT ALSO MENTION THE REQUEST IS SPEARHEADED BY ACCO FEED THAT OWN PROPERTY TO THE EAST AND SOUTH OF SOUTH NINTH STREET AND TO THE EAST AND WEST OF THAT SHOSHT ALLEY SEGMENT PROPOSED TO BE ABANDONED. AGAIN, IT IS MY UNDERSTANDING THAT ACCO FEEDS DESIRES TO IMPROVE A SECURITY FENCED IN DRIVEWAY CONNECTING THEIR FEED MILL ON THE RIGHT SIDE OF THIS MAP THROUGH TO SOUTH TREADAWAY IN THE CENTER OF THE MAP.

THIS DRIVEWAY CONNECTION WOULD ENCOMPASS SOME PORTIO OF ABANDONED RIGHT OF WAY FOR THE ADJACENT ALLEY.

CITY STAFF GENERALLY RECOMMENDS APPROVING THE REQUESTED RIGHT-OF-WAY ABANDONMENTS SUBJECT TO SOME SPECIFIC CONDITIONS. IF YOU WILL BEAR WITH ME.

I WILL RECITE WHAT THEY ARE. THEY ARE EXPRESSED IN DETAIL IN CITY STAFF'S WRITTEN REPORT ON THIS MATTER.

ONE CONDITION IS THAT A SUITABLE REPLAT BE PREPARED APPROVED AND RECORDED AND THAT REPLAT SHOULD SHOW HOW THE EFFECTIVE RIGHT OF WAY WILL BE INTEGRATED WITH ADJOINING PROPERTY AND OR RESERVED IN AN ALTERNATIVE ARRANGEMENT OF DEDICATED ALLIES OR EASEMENTS ALLOWING FREE ACCESS BY REFUGE COLLECTION TRUCKS AS WELL AS OTHERWISE SUITABLE ACCESS FOR MAINTAINING AND REPAIRING EXISTING UNDERGROUND AND OVERHEAD UTILITIES. THIS IS A TALL ORDER.

BUT CAN BE DONE WITH SENSITIVE AND APPROPRIATE REPLAT.

BASICALLY THAT'S WHAT WE'RE ASKING FOR.

IS THAT FOR AN APPROPRIATE REPLAT THAT ALLOWS FOR FREE ACCESS BY REFUGE COLLECTION TRUCKS AND OTHERWISE SUITABLE ACCESS FOR MAINTAINING AND REPAIRING EXISTING IN SHORT, AEP EITHER FROM DISTRIBUTION STANDPOINT OR A TRANSMISSION STANDPOINT IS NOT ADVERSE TO FENCING IN THEIR ELECTRIC

[01:20:04]

POWER LINES AS LONG AS THEY CAN -- WELL, WE'LL GO ON TO THE SECOND CONDITION. THAT'S INSULATION OF FENCES ACROSS THE EASEMENT WILL NECESSARY NECESSARIATE FOR CLEARANCES AS WELL AS PLACEMENT OF GATES OFFERING EASE OF ACCESS BY UTILITY SERVICE TRUCKS.

IN SHORT, AEP IS NOT ADVERSE TO FENCING IN THEIR EASEMENT SO LONG AS THEY HAVE REASONABLY QUICK ACCESS TO IT.

THESE SPECIFIC CONDITIONS ARE EXPRESSED IN CITY STAFF'S WRITTEN REPORT ON THE MATTER. IF THE COMMISSION IS INCLINED TO RECOMMEND APPROVAL OF THIS, I WOULD SURELY HOPE THAT YOU WOULD RECOMMEND APPROVAL SUBJECT TO THOSE SPECIFIC CONDITIONS EXPRESSED IN CITY STAFF'S WRITTEN REPORT.

THANK YOU. IT WOULD BE HAPPY TO ANSWER

ANY QUESTIONS. >> WHAT WAS YOUR CONCERN?

>> HE SAID I DON'T THINK I'M ON THE AGENDA BECAUSE WE HAD TWO ITEMS. I THOUGHT THEY WERE ALL TABLED TO BE TALKED ABOUT AT THE SAME TIME.

THAT WAS ALL -- THAT WAS THE WHOLE DISCUSSION.

HE THOUGHT HE HAD TWO ITEMS AND THOUGHT THEY WERE TABLED TO ONE THING. I DON'T THINK HE WILL MAD IF WE APPROVE SOMETHING AND ALLOW HIM TO ENGAGE WITH YOU IN THE PLAT. I'M NOT SPEAKING FOR HIM.

TALKING TO HIM ABOUT TOTALLY UNCONNECTED MATTER.

JUST I'M EXPRESSING IT WAS HIS UNDERSTANDING THAT MATTER

WASN'T BEFORE TODAY. >> IT LIKE THE FIRST CASE I PRESENTED. THE DEVIL IN THE DETAILS.

THAT WE CAN ADDRESS WITH THE REPLAT IN THIS CASE.

>> THE SECOND CASE HE'S REFUSING TO.

HAS NO RELATIONSHIP TO THIS CASE?

>> IT'S RELATED IN THE SENSE THAT IT'S REQUESTED BY ACCO FEEDS. BUT IT'S IT'S ABOUT QUARTER

MILE AWAY. >> IT HAS NO RELATIONSHIP.

>> NO DIRECT RELATIONSHIP. OTHER THAN THE COMMON PROPONENT. OKAY.

>> WE'VE ALREADY TABLED THIS. HAVEN'T WE?

>> WE TABLED IT AND JUST PULLED IT OFF BECAUSE -- WE TABLED TO THIS MEETING. AND WE PULLED OFF THE TABLE.

NOW WE'RE HAVING ANOTHER DISCUSSION ABOUT.

NOW WE CAN RETABLE OR WE CAN VOTE WITH APPROVAL WITH THE

CONDITIONS. >> VOTE APPROVAL WITH CONDITION. OR MOVE FORWARD.

>> DEVIL WILL BE IN DETAILS TRUEING TO FIGURE OUT IF THIS

POSSIBLE WITH PLATTING OR NOT. >> ARE WE IN DISCUSSION

BETWEEN US? >> WE NEED TO OPEN THE PUBLIC AND CLOSE THE PUBLIC HEARING. THIS CASE CALLS FOR PUBLIC HEARING. OPEN THE PUBLIC HEARING.

AND SEEING NO ONE OUT THERE. WE WILL CLOSE THE PUBLIC HEARING. AND NOW WE CAN HAVE OUR

DISCUSSION. >> HAVE THEY ADDRESSED THE CONCERNS THAT WE TABLED THIS FOR?

>> THEY WILL IN PLATTING PROCESS.

>> SO WHY HAS THIS COME BACK TO US NOW?

>> THEY ADDED THE 50-FOOT PIECE DOWN THE RIGHT-OF-WAY.

WHAT THAT WILL DO FOR THEM IS THEY WILL -- BECAUSE THEY OWN WHAT IS THAT 15854. WHAT THEY WILL DO REPLAT THAT WHOLE BLOCK THERE NOW AND 1584 BUT IN THAT THEY WILL PROVIDE EASEMENTS IN THE PLAT AND THEY WILL PROVIDE RIGHT-OF-WAY FOR THE REFUGE TRUCKS TO GET OUT TO TREADAWAY.

PROBABLY PUT IT ALONG THE SOUTH PROPERTY LINE.

>> OUR CONCERNS ARE ABATED WITH THE ADDITION OF ALLEYWAY

ON THE PROPERTY. >> THEY CAN DO WHAT THEY WANT AS LONG AS THEY GIVE THE RIGHT-OF-WAYS AND EASEMENT IN THE PLATTING PROCESS. I SEE IT'S A GOOD SOLUTION.

THEY HAVE TO FOLLOW THROUGH IN THE PLATTING PROCESS, WHICH WILL COME BACK TO US AND WE'LL APPROVE THE PLAT AND WE ASK QUESTIONS ABOUT IT AT THAT POINT.

OR IF JARED OR BRAD WOULD DO A GOOD JOB EXPLAINING.

ORIGINAL REQUEST DIDN'T INCLUDE THE ALLEY WAY.

THERE WAS SOME DISCREPANCY WHAT THE APPLICANT BECAUSE OF THE SMALL SECTION NOT ABANDONED AS YOU CAN TELL.

IT'S OVERGROWN AND IT WASN'T REALLY THOUGHT OF AS TO PLACE AS PART OF APPLICATION BECAUSE THEY KIND OF ASSUMED IT WAS

NOT THERE. >> THAT MAKES SINCE.

[01:25:02]

I THINK THIS GOOD SOLUTION. >> I GUESS I WAS ASSUMING IT WOULD GO BOTH WAYS. I SEE NOW IT'S A GOOD

SOLUTION. >> AEP DOESN'T OBJECT.

THEN THAT'S FINE. >> I WILL MAKE A MOTION.

>> APPROPRIATE TO MOVE FORWARD.

>> DO WE NEED TO MAKE A MOTION TO UNTABLE?

>> IT'S UNTABLED. >> MOTION TO APPROVE.

>> WE HAVE MOTION TO APPROVE. >> WITH CONDITIONS.

>> WELL ALL CITY STAFF RECOMMENDATION.

>> I WILL SECOND. >> AND A SECOND.

>> WE HAVE MOTION APPROVE SUBJECT TO CONDITIONS AND THE STAFF'S REPORT.

THE MOTION CARRIES. >> THAT'S IT.

WE

* This transcript was compiled from uncorrected Closed Captioning.