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[INVOCATION]

[00:00:05]

HEAVENLY FATHER, WE COME TO THANK YOU AND TO ASK YOU TO CONTINUE TO SHOWER YOUR FAVORS UPON US. GOD, WE THANK YOU FOR THIS DAY. WE THANK YOU FOR ALL THE THINGS YOU HAVE DONE FOR US . GOD, AS WE COME TOGETHER AS THIS COMMITTEE WE PRAY TO GOD THAT YOU ALLOW YOUR HOLY SPIRIT TO DWELL WITH US SO THAT WE DO ALL THE THINGS THAT IS PLEASING IN YOUR SIGHT. MAKE UNBIASED DECISIONS IN GOD, WE ASK YOU TO REMEMBER THOSE AMONG US THAT ARE NOT AS FORTUNATE AS WE ARE. BLESS THEM IN A SPECIAL WAY.

THERE ARE SOME THAT ARE DESTITUTE AT NO FAULT OF THEIR OWN SO ESPECIALLY PRAY FOR THEM. WE PRAY FOR OUR CITY AND WE PRAY FOR OUR COUNTY AND STATE AND WE PRAY FOR OUR NATION. WE PRAY FOR THIS WORLD. GOD, WE THANK YOU FOR EFFECTING US. YOU KEPT US FROM THE VIRUS AND WE PRAY THAT YOU CONTINUE TO KEEP US. THESE BLESSINGS WE ASK IN YOUR SWEET SON JESUS'S NAME WE PRAY, AMEN. IN

[MINUTES]

>> ARE MINUTES FROM THE LAST MINUTE ARE IN THE PACKET HAS EVERYONE HAD A CHANCE TO REVIEW THOSE? ARE THERE ANY ADDITIONS

THAT NEED TO BE MADE? >> I HAVE A CORRECTION ON THE LAST VOTE, IS SAID I WAS AYE AND I WAS A NUMBER.

>> ON 29? >> YES MY STUFF IS NOT LOADING

BUT IT WAS ON THE VERY LAST. >> DO YOU WANT ME TO MARK THAT ON HERE, MELISSA? YOU WILL FIX THAT? ALL RIGHT.

>>> WE STILL NEED TO APPROVE THEM BASED ON THAT COMMENT?

>> IF ANYONE WOULD LIKE TO MAKE A MOTION AND THERE'S NO OTHER

COMMENT. >> I WILL MAKE A MOTION TO

APPROVE WITHOUT CORRECTION. >> SECOND.

>> ALL IN FAVOR? >>> THE PLANNING AND ZONING COMMISSION IS THE FINAL AUTHORITY AS A RECOMMENDING BOARD TO THE CITY COUNCIL ON MATTERS OF ZONING PAID THE DECISIONS OF THIS BOARD MAY BE APPEALED TO THE CITY COUNCIL THROUGH THE OFFICE OF THE CITY SECRETARY NO LATER THAN 10 DAYS TO THE DATE OF THIS MEETING. ALL APPEALS MUST BE IN WRITING.

THE PUBLIC IS INVITED TO SPEAK ON ANY ITEM AFTER RECEIVING RECOGNITION BY THE CHAIR. THOSE WISHING TO BE HEARD SHALL APPROACH THE PODIUM, STATE YOUR NAME AND YOUR PURPOSE FOR APPEARING. EACH SPEAKER IS ALLOWED A PRESENTATION OF FIVE

[PLATS]

MINUTES AND TIME MAY BE GRANTED AT THE DISCRETION OF THE CHAIR.

WE ARE READY FOR PLATS. >> GOOD AFTERNOON MY NAME IS JARED SMITH AND I WORK FOR THE ABILENE SERVICE PER THE FIRST PLOT IS A PRELIMINARY PLOT OF THE HARDEST AND ESTATES SUBDIVISION IN AUGUST OF THIS YEAR THE CITY COUNCIL NEXT AND THIS PIECE OF PROPERTY WITH THE BASE ZONING OF RS SIX. THIS IS 91 SINGLE-FAMILY HOME SITES NEAR THE INTERSECTION OF MAPLE AND HARDEST AND LANE. THE NEXT PLATFORM YOUR CONSIDERATION IS A AGRICULTURE TO PLAN DEVELOPMENT DISTRICT MUCH LIKE PATIO HOME ZONING THAT ZONE WAS ACCEPTED BY CITY COUNCIL. IT IS LAYING OUT 40 SINGLE-FAMILY HOME SITES WEST OF HARDWICK ROAD AND EAST OF WILEY WEST ELEMENTARY AND INTERMEDIATE SCHOOLS. THE NEXT PLATFORM YOUR CONSIDERATION FRP 7121 THIS IS BLOCK 11 AND THE ARTHUR SEARS PARK ADDITION SUBDIVISION PAIRED THIS COMMISSION DID MEET TO CONSIDER A ZONE CHANGE REQUEST TO MEDIUM DENSITY ZONING OF JULY OF THIS YEAR AND THE CITY COUNCIL DID APPROVE THAT ZONE CHANGE REQUEST AS WELL AND THIS IS A FINAL REPLY WHICH HAS CREATED EIGHT, I'M SORRY, TOOTH SINGLE-FAMILY HOME SITES. THE INTENT IS TO DEVELOP DUPLEXES ON EACH OF THE EIGHT LOTS. THESE THREE PLOTS WERE REVIEWED BY THE REVIEW COMMITTEE WHO FOUND THEY WERE CONSISTENT AFTER THE LAND DEVELOPMENT CODE WHICH ARE THE SUB DEVELOPMENT STANDARDS AND STAFF IS RECOMMENDING APPROVAL WITH NO RECOMMENDATIONS FOR YOU ALL TODAY THE NEXT PLOT IS F P 3019 WE DID APPROVE THIS PLOT FOR CARRIAGE HILL TONY 19 AND

[00:05:04]

THEY ARE GETTING CLOSE TO BEING DONE WITH ALL THE PUBLIC IMPROVEMENTS. THE REASON YOU ARE CONSIDERING THE FINAL PLAT TODAY. THIS FINAL PLAT IS CREATING 172 NEW RESIDENTIAL LOTS JUST EAST OF MAPLE ROAD IMMEDIATELY EAST OF KIRBY LAKE.

THIS PLOT WAS REVIEWED BY ABILENE'S DEVELOPMENT REVIEW COMMITTEE WHICH FOUND IT WAS CONSISTENT WHICH ARE THE SUBDIVISION STANDARDS AND STAFF IS RECOMMENDING APPROVAL SUBJECT TO THE FOLLOWING CONDITIONS. PRIOR TO RECORDING THE PLAT THE REQUIRED IMPROVEMENTS MUST BE IN PLACE IN ACCORDANCE WITH CONSTRUCTION PLANS OR A SUITABLE FINANCIAL GUARANTEE MUST BE PROVIDED TO THE PUBLIC WORKS OFFICE. THE LAST PLAT FOR YOUR CONSIDERATION IS FP ? 5021 THIS IS THE CROSS DEVELOPMENT CONDITION A PLOT WHICH IS CRATING ONE LOT IN THE JURISDICTION SOUTH OF REMINGTON ROAD IMMEDIATELY EAST OF REMINGTON ESTATE SUBDIVISION AND IT IS MY UNDERSTANDING THIS LOT WILL BE THE FUTURE HOME OF A DOLLAR GENERAL. THIS PLAT WAS REVIEWED BY THE DEVELOPMENT COMMITTEE WHICH FOUND IT CONSISTENT WITH OUR LAND DEVELOPMENT CODE AND OUR SUBDIVISION STANDARDS IN THE DRC IS RECOMMENDING APPROVAL FROM YOU ALL TODAY SUBJECT TO THE PRIOR CONDITIONS. BEFORE THE PLAT THE APPLICANT MUST SUBMIT CONSTRUCTION PLANS DETAILING THE NECESSARY PUBLIC IMPROVEMENTS WHICH IN THIS INSTANCE IS THE EXPANSION TO REMINGTON ROAD AND PRIOR TO RECORDING THOSE PUBLIC IMPROVEMENTS MUST BE IN PLACE OR THE PUBLIC WORKS OFFICE MUST BE FURNISHED WITH A FINANCIAL GUARANTEE. I WOULD BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE REGARDING THESE FIVE LOTS AT

THIS TIME. >> ANY QUESTIONS FOR JARED? THANK YOU. OUR PLATS CALL FOR HIT PUBLIC HEARING. IF THERE IS ANYONE HERE THAT WOULD LIKE TO ADDRESS THESE PLATS? SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING ANY FURTHER DISCUSSION OR A MOTION? REVEREND? WE HAVE A SECOND.

>> WE HAVE A MOTION TO APPROVE COMMISSIONER MITCH BARNETT? COMMISSIONER IZIAR LANKFORD? COMMISSIONER BILL NOONAN? AND

[ZONING]

COMMISSIONER ALEX RUSSELL. >> WE HAVE A REQUEST TO CHANGE A ZONING ON APPROXIMATELY 4.51 ACRES AT 3250 BELTWAY SOUTH AND OUT OF W.J. REDDELL SURVEY IN ABILENE, TAYLOR COUNTY, TEXAS.

(BRAD. >> THANK YOU MR. CHAIRMAN. I AM BRAD STONE AND I AM A R ON THE CITY STAFF AND AS THE CHAIRMAN MENTIONED THIS WAS A REQUEST FOR NEIGHBORHOOD RETAIL ON THE NR ZONING CLASSIFICATION. THE SUBJECT PROPERTY IS HIGHLIGHTED IN YELLOW ON THIS MAP. IT IS SITUATED APPROXIMATELY ONE THIRD OF A MILE FROM COLLECTOR STREET INTERSECTIONS AT HARDWICK LANE TO THE EAST AND AT OLD FOREST ROAD TO THE WEST. AGAIN, THIS SUBJECT PROPERTY HIGHLIGHTED IN YELLOW IS SITUATED ON BELTWAY SOUTH WHICH IS, ACCORDING TO THE CITIES THOROUGHFARE PLAN A MAJOR THOROUGHFARE. BOTH NOW AND IN THE FUTURE. THE CLOSEST INTERSECTION WITH A COLLECTOR STREET SHOWN ON THIS PHOTO IS APPROXIMATELY 550 FEET FROM THE EAST AT TUSCANY DRIVE. THE REASON I MENTION THIS RELATION TO THE COLLECTOR STREET INTERSECTIONS IS IN ABILENE ZONING RECOMMENDATIONS THERE IS A STIPULATION, A STRONGLY WORDED SUGGESTION THAT NEIGHBORHOOD RETAIL'S, DISTRICTS, SHOULD OCCUR AT THE INTERSECTIONS OF COLLECTOR STREETS WITH MORE MAJOR THOROUGHFARES. WE WILL TAKE A LOOK AT THE ZONING MAP IN THE COLOR GREEN INDICATES THE AGRICULTURAL OPEN SPACE ZONING IN THIS VICINITY WAS NEXT TO THE CITY LIMITS OF ABILENE IN 1980 PAIRED SINCE THAT TIME WE HAVE SEEN SOME SIGNIFICANT SUBDIVISION DEVELOPMENT TO THE NORTH AND EAST REPRESENTED BY THE MORE TAN OR YELLOW SHADED COLOR. THE SUBJECT PROPERTY WAS LONG OWNED BY A CHURCH CONGREGATION WHICH COMPLETED THE EXISTING BUILDING THERE IN 1982. CHURCHES ARE ALLOWED IN EVERY ZONING DISTRICT OF ABILENE INCLUDING THE EXISTING

[00:10:03]

AGRICULTURAL OPEN SPACE DISTRICT. THIS PARTICULAR CHURCH CONGREGATION HAS MOVED ELSEWHERE SO, THE BUILDING AND THE SURROUNDING PROPERTY OF ABOUT FOUR AND HALF ACRES ARE NOW VACANT. THE NEW OWNER OF THIS NOW VACANT BUILDING AND PROPERTY HAS A PROSPECTIVE TENANT WANTING TO USE THE EXISTING BUILDING AS A DAYCARE CENTER. DAYCARE CENTERS ARE PROHIBITED FROM AGRICULTURAL OPEN SPACE DISTRICTS NOR ARE DAYCARE CENTERS ORDINARILY ALLOWED IN ANY SINGLE FAMILY RESIDENTIAL DISTRICT OF ABILENE. THE NEW OWNER OF THIS PROPERTY NOW SEEKS ITS REZONING TO A NEIGHBORHOOD RETAIL DISTRICT. AS THE NAME IMPLIES, THE NEIGHBORHOOD RETAIL ZONING CLASSIFICATION IS INTENDED TO ACCOMMODATE A LIMITED RANGE OF RETAIL TRADE AND SERVICES NEEDED TO SERVE THE SURROUNDING NEIGHBORHOOD AREA. THIS WOULD INCLUDE DAYCARE CENTERS. THE LEVEL OF INTENSITY AND SCALE OF DEVELOPMENT PERMISSIBLE IN NEIGHBORHOOD RETAIL DISTRICTS ARE DESIGNED FOR SOME MEASURE OF COMPATIBILITY WITH NEARBY RESIDENCES. THE FUTURE LAND USE AND DEVELOPMENT PLAN MAP THAT IS INTEGRATED WITHIN ABILENE'S COMPREHENSIVE PLAN IDENTIFIES THE SUBJECT PROPERTY AND ALL OF ITS SURROUNDINGS TO BE IN AN AREA EARMARKED FOR LOW DENSITY RESIDENTIAL USE. EVEN WITHIN SUCH AREAS SOME LOCALIZED RETAIL DISTRICTS SHOULD BE CREATED TO EFFICIENTLY SERVE NEARBY RESIDENTIAL DISTRICTS.

HOWEVER, TRADITIONAL METHODS WHICH HAVE CREATED RIBBON DEVELOPMENTS OF BUSINESS USES STRETCHED ALONG MAJOR THOROUGHFARES HAVE LONG BEEN SUCCEEDED BY AN EMPHASIS OF CREATING COMPACT CLUSTERS OF RETAIL DISTRICTS FOCUSED AT STRATEGIC INTERSECTIONS ALONG NATURE THOROUGHFARES. AS I MENTIONED EARLIER, IN DESCRIBING THE NEIGHBORHOOD RETAIL ZONING CLASSIFICATION, ABILENE'S ZONING LEGISLATION STATES THAT NEIGHBORHOOD OR INR SHOULD BE WITH COLLECTOR STREET AND THOROUGHFARES PER THE CLOSEST COLLECTOR STREET AS I MENTIONED EARLIER IS TUSCANY DRIVE WHICH LIES 550 FEET EAST OF THE SUBJECT PROPERTY. APPROVING THE REQUESTED ZONE CHANGE WOULD RESULT IN A NEIGHBORHOOD RETAIL DISTRICT EXTENDING 550 TO 850 FEET WEST FROM THE NEAREST INTERSECTION WITH THE COLLECTOR STREET. IN THE OPINION OF CITY STAFF THIS IS TOO FAR OF A DISTANCE FOR THIS PROPERTY TO BE WITHIN THE SPHERE OF COMMERCIAL ATTRACTION SURROUNDING THAT STRATEGIC STREET INTERSECTION OF TUSCANY DRIVE WITH BELTWAY SOUTH. CITY STAFF THEREBY RECOMMENDS DENYING THE REQUESTED ZONE CHANGE TO A NEIGHBORHOOD RETAIL DISTRICT. PROPERTY IS SITUATED ON A MAJOR THOROUGHFARE BUT IT LIES 550 FEET TO THE NEAREST INTERSECTION WITH ANY TYPE OF COLLECTOR STREET. IN THE CITY STAFF'S OPINION THIS PROPERTY LIES NEITHER AT NOR NEAR THE INTERSECTION OF A MAJOR THOROUGHFARE WITH A COLLECTOR STREET. APPROVING THIS PARTICULAR PROPOSED DISTRICT MIGHT JUSTIFY SIMILAR REZONING ELSEWHERE ALONG BELTWAY SOUTH AT LOCATIONS EQUALLY AS FAR IF NOT FARTHER FROM A COLLECTOR STREET LOCATION. IN SHORT, CITY STAFF INSTEAD RECOMMENDS APPROVING A CHANGE TO A RESIDENTIAL MEDIUM DENSITY DISTRICT WITH A CONDITIONAL USE PERMIT SPECIFICALLY ALLOWING THIS PROPERTY'S USE AS A DAYCARE CENTER. DAYCARE CENTERS ARE ALLOWED IN MEDIUM DENSITY RESIDENTIAL DISTRICTS WITH CITY COUNCIL APPROVAL OF A CONDITIONAL USE PERMIT CITY STAFF RECOMMENDS INSTEAD OF THE REQUESTED RETAIL NEIGHBORHOOD ZONING THAT THIS COMMISSION INSTEAD RECOMMENDS TO CITY COUNCIL THE MEDIUM DENSITY RESIDENTIAL ZONING WITH A CONDITIONAL USE PERMIT ALLOWING A DAYCARE CENTER. WE WILL TAKE A LOOK AT SOME PHOTOS OF THE SUBJECT PROPERTY AND SURROUNDINGS. THIS SLIDE IS PRETTY SELF EXPLANATORY. THE

[00:15:05]

PROPERTY HAS A VACANT CHURCH BUILDING ON IT AS WELL AS PAVED PARKING. TO THE SOUTH ARE RESIDENCES ON RELATIVELY LARGE LOTS WITH AGRICULTURAL OPEN SPACE ZONING AND TO THE EAST AND WEST THIS PROPERTY IS CHARACTERIZED BY SINGLE-FAMILY HOMES ON RELATIVELY LARGE LOT. WE DID NOTIFY ALL THE OWNERS OF PROPERTY WITHIN 200 FEET OF THIS SUBJECT PROPERTY. WE RECEIVED TWO RESPONSES, ONE FROM THE CHURCH CONGREGATION INDICATED THEY ARE IN FAVOR OF THIS AND ONE FROM A NEIGHBOR ACROSS THE STREET INDICATING THEIR OPPOSITION ALTHOUGH THEY DID NOT INDICATE ANY SPECIFIC ELEMENTS OF THEIR OPPOSITION THEY DID INDICATE THEIR OPPOSITION. CITY STAFF, AGAIN, RECOMMENDS DENYING THE REQUESTED NEIGHBORHOOD DISTRICT AND INSTEAD SUGGESTS THIS COMMISSION RECOMMEND APPROVING A MEDIUM DENSITY RESIDENTIAL DISTRICT WITH A CONDITIONAL USE PERMIT SPECIFICALLY ALLOWING A PDAYCARE CENTER. THANK YOU I WOULD BE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE

PEERED. >> I DON'T GUESS YOU HAVE IT IN HERE BUT COULD YOU AT THE TOP OF YOUR HEAD WHAT WOULD BE CONSIDERED NEIGHBORHOOD RETAIL AND WOULD BE ALLOWED IN THAT

ZONING? >> IT PERMITS A WIDE VARIETY OF RETAIL SERVICES. IT DOES HAVE SOME SPECIFIC LIMITATIONS TO IT. FOR EXAMPLE ON ANY GIVEN LOT YOU CAN HAVE NO MORE THAN 18,000 SQUARE FEET OF FLOOR AREA. SO, WHILE YOU CAN HAVE A GROCERY STORE THERE YOU'RE NOT GOING TO HAVE A BIG SUPERMARKET BECAUSE YOU ARE LIMITED TO 15,000 SQUARE FEET ON ANY GIVEN LOT. ALSO, THERE'S AN HOURS OF OPERATION MINUTE AS YOU RECALL IN THE NEIGHBORHOOD OF THE REZONING DISTRICT YOU PRETTY MUCH HAVE TO CLOSE DOWN BETWEEN 11 PM AND 6 AM. ALSO, ANOTHER IMPORTANT CHARACTERISTIC OF NEIGHBORHOOD RETAIL ZONING IS THERE ARE VIRTUALLY NO AUTOMOTIVE BUSINESSES ALOUD.

NO AUTOMOTIVE SALES AND LITTLE OR NO AUTOMOTIVE REPAIR.

>> CONVENIENCE STORES? >> CONVENIENCE STORES IS A GOOD EXAMPLE PERSONAL SERVICES, DUTY SHOPS, BARBERSHOPS, ALL KINDS OF OFFICES AGAIN WITH THAT 15,000 SQUARE-FOOT FLOOR AREA NEXT TO MOM ALLOWABLE. YES, ALL TYPES OF OFFICES INCLUDING MEDICAL OFFICES WOULD BE ALLOWED.

>> WHAT ABOUT A LIQUOR STORE? >> A LIQUOR STORE, YES.

>> DOESN'T MEET THE OTHER REQUIREMENTS? IT MIGHT BE TOO CLOSE TO THE SCHOOL. IT IS RIGHT THERE AT HARDWICK.

>> WELL, NO. YES. LIQUOR STORES DO HAVE LIMITATIONS ON, NOT DISTANCE FROM A RESIDENTIAL DISTRICT BUT LIMITATIONS FROM

SCHOOLS, PRINCIPALLY. >> CAN YOU GO BACK TO THE SLIDE WITH THE OBJECTIONS ON IT NOT FOR THE OBJECTIONS BUT IS THAT 27854 LOT RIGHT THERE THAT DIDN'T RESPOND IS THAT STILL BEING OPERATED AS A DAYCARE CENTER?

>> I BELIEVE IT IS PRESENTLY VACANT. IT FUNCTIONED AS A PRIVATE SCHOOL. I THINK IT ORIGINALLY OPENED AS A DAYCARE CENTER BUT TRANSFORMED INTO A PRIVATE SCHOOL. MY MOST RECENT INTERACTION WITH THEM IS THAT A FEW YEARS AGO THEY WANTED TO INSTALL SOME MORE PORTABLE CLASSROOMS OUT THERE. THEY WERE OFFERING AN ELEMENTARY EDUCATION UP TO THE THIRD GRADE I THINK BUT THAT HAS SINCE BECOME VACANT.

>> IT NEVER GOT REZONED TO BE ANYTHING DURING ITS TIME AS A

DAYCARE OR A SCHOOL? >> I NEVER UNDERSTOOD HOW IT GOT TO BE A DATEDAYCARE CENTER. WHEN I CAME TO WORK HERE IN 2012 IT WAS A PRIVATE SCHOOL OFFERING IN ELEMENTARY EDUCATION UP TO THE THIRD GRADE.

>> BUT WITH AN AGRICULTURAL ZONING?

>> YES. I MENTIONED THAT CHURCHES ARE ALLOWED IN EVERY ZONING DISTRICT OF ABILENE. PRIVATE AND PUBLIC SCHOOLS OFFERING A CURRICULUM UP TO THE 12TH GRADE ARE ALSO ALLOWED IN EVERY RESIDENTIAL DISTRICT IN ABILENE EVERY DISTRICT

WHATSOEVER. >> AND SO, MD WAS SELECTED BECAUSE IT HAD A CONDITIONAL USE TO ALLOW FOR THIS INSTEAD OF DOING APD AND PICKING SOME OTHER?

[00:20:03]

>> THAT'S CORRECT. WELL, NOW THAT YOU MENTIONED IT THAT IS ALSO AN OPTION AVAILABLE TO THE PLANNING AND ZONING COMMISSION.

THAT IS A PLANNED DEVELOPMENT DISTRICT WOULD PERHAPS HAVE AS A DEFAULT CLASSIFICATION ONE OF THE RESIDENTIAL ZONING DISTRICTS AND THEN ALLOW WHATEVER NON-RESIDENTIAL USE YOU WANT TO ALLOW INCLUDING BUT NOT LIMITED TO DAYCARE CENTERS.

>> HAVE YOU SPOKEN WITH THE PROPONENT AND EXPLAIN TO THEM WHAT YOUR RECOMMENDATION IS: ARE THEY IN AGREEMENT?

>> WE HAVE COMMUNICATED THROUGH EMAIL AND HE IS HOPEFULLY AWARE THAT THIS IS OUR RECOMMENDATION.

>> YOUR OTHER DEAL, I THINK WHAT YOU SAID WAS YOU DON'T

WANT TO DO STRIPS ZONING? >> I USED RIBBON COMMERCIAL DEVELOPMENT SOMETIMES KNOWN AS STRIPS ZONING AND THIS IS SOMETHING WE ARE TRYING TO DISCOURAGE ON THE SEGMENT OF BELTWAY SOUTH. THERE ARE NUMEROUS INTERSECTIONS OF COLLECTOR STREET WITH BELTWAY SOUTH, I MENTIONED THREE OF THEM WITHIN A HALF-MILE OF THIS SITE. THERE'S HARDWICK LANE, OLD FOREST ROAD AND TUSCANY DRIVE. WE ARE TRYING TO FOCUS COMMERCIAL DEVELOPMENT ON THOSE THREE STREET INTERSECTIONS.

>> I DON'T THINK ANY OF YOUR DISTANCES AROUND HARDWICK WOULD BE EITHER NOT OWNED BY THE SCHOOL OR NOT IN THE FLOOD PLANE. IS THERE SUCH A DEVELOPMENT?

>> THERE SOME SUITABLE SITES ON THE SOUTH SIDE OF BELTWAY

SOUTH. >> IT IS NOT OWNED BY WILEY AT

THAT CORNER? >> ON THE SOUTH SIDE OF ELWAY

SOUTH. >> OKAY. WHERE THERE ARE

HOUSES? QUICK THANK YOU BRAD. >> I WILL OPEN THE PUBLIC HEARING. WOULD ANYONE LIKE TO COME UP ABOUT THIS?

>> COME ON UP, SIR. >> MY NAME IS ALEX WHITMAN AND I AM MR. ARNETT'S REALTOR. WHEN HE FIRST PURCHASED THIS PROPERTY, HE IS AN INVESTOR AND HE OWNS 40+ PROPERTIES AROUND TOWN AND HE NORMALLY RENTS TO BUSINESSES PEERED WE TALKED ABOUT THE ZONING CHANGE AND HE CALLED TO ASK WHAT ZONING WE WOULD NEED FOR THE DAYCARE TO GO IN AND IT WAS RECOMMENDED TO HIM TO GO FOR NEIGHBORHOOD RETAIL BECAUSE OF THE RESTRICTIONS THAT ARE THERE, THE 15,000 SQUARE FEET IMITATE HOURS, ETC. THAT WOULD PREVENT THINGS THAT WE WERE DISCUSSING THAT YOU WOULDN'T WANT THIS CLOSE TO NEIGHBORHOODS. I HAD QUESTIONS ABOUT THE 27854 PARCEL AS WELL. I HAVE NOT SPOKEN TO THEM BUT WE HAVE HAD THAT PROPERTY LISTED FOR A WHILE, THE SUBJECT PROPERTY AND THERE'S PEOPLE IN AND OUT OF THERE ALL THE TIME. I DON'T KNOW IF IT IS VACANT BUT TO ME IT SEEMS LIKE IT'S ALWAYS BEEN ZONED OR AGRICULTURAL. TO ME I ALSO WONDER HOW THEY GOT AWAY WITH BEING A DAYCARE AND A SCHOOL AND WHY WE CAN'T GET THIS ONE DONE. HIS ISSUE WITH THE MEDIUM DENSITY, HE DOES NOT DO ANY HOUSING PROJECTS ESPECIALLY HOUSING COMPLEXES THAT WOULD FALL UNDER THAT ZONING PEERED WITH THE ADDITIONAL ZONING FOR THE DAYCARE IF THAT DAYCARE RUNS OUT IN THE BUSINESS FAILS A YEAR FROM NOW HE'S BASICALLY STUCK WITH THE PROPERTY THAT HE CAN'T DO ANYTHING WITH YOU BECAUSE HE DOESN'T HAVE EXPERIENCE IN MEDIUM DENSITY TYPE PROJECTS. SO, AS FAR AS A LIQUOR STORE, IF THAT PARCEL IS STILL A DAYCARE OR PRIVATE SCHOOL THAT WOULD RULE THAT OUT, CORRECT, BEING THAT CLOSE?

>> THAT IS A QUESTION THAT WE WOULD HAVE TO LOOK AT.

>> THAT WAS A QUESTION I JUST CAME UP WITH JUST NOW WHEN WE STARTED TALKING ABOUT IT. I WOULD THINK THE SCHOOLS, DAY CARES AND CHURCHES AND EVERYTHING IN THAT AREA I WOULDN'T THINK A LIQUOR STORE WOULD BE REMOTELY POSSIBLE.

SO, OUR THOUGHT PROCESS IS WHICH WAS RECOMMENDED TO HIM WAS THE NEIGHBORHOOD RETAIL WOULD FIT WELL, IT WOULD ALLOW HIM TO CONTINUE IF THE DAYCARE MOVES OUT TO PUT IN BUSINESSES THAT WILL BENEFIT THE AREA RATHER THAN DAMAGE ANYTHING.

IT HAS BEEN A CHURCH FOREVER THAT IS NOT TAXABLE IN HIS PLAN IS TO KEEP BUSINESSES IN THERE THAT WILL BE PAYING TAXES TO THE CITY. ANYWAY, THAT IS HIS ISSUE THAT HE WANTED ME TO SPEAK ABOUT WITH MEDIUM DENSITY. HE DOESN'T WANT TO GO THROUGH THE WHOLE PROCESS OF ZONING CHANGE IN THEN ONLY BE ABLE TO HAVE A DAYCARE OR ONLY BE ABLE TO PUT APARTMENTS THERE WHATEVER FALLS WITHIN THE MEDIUM DENSITY. AND THAT IS

[00:25:04]

ALL I HAVE. >> THANK YOU. ANYONE ELSE? I WILL CLOSE THE PUBLIC HEARING. WE WILL HAVE A DISCUSSION?

COMMENTS? >> DID WE EVER FIND THE SLIDES THAT LISTED THE USES? RETAIL VERSUS MEDIUM DENSITY? DO WE HAVE THAT AVAILABLE QUICKLY: I WOULD LIKE TO COMPARE WHAT WE ARE TALKING ABOUT. ALLOWING VERSUS NOT ALLOWING.

>> NICK HAS THAT LIST. >> I CAN SEE IF I CAN GET IT.

IT HAS TO BE FOR EVERYONE TO SEE.

>> WHILE WE ARE DOING THAT, I CERTAINLY HAVE AN APPRECIATION FOR WHAT RAD IS SAYING. BUT, HOW IS BELTWAY GOING TO DEVELOP WHEN IT IS A FAST ROAD AND WE'VE GOT THE SAME THING HAPPENING ON BUFFALO GAP ROAD. WE HAD RESIDENTIAL UP-AND-DOWN AN HOUR GOING TO THE MIDDLE OF THE BLOCKS AND CHANGING THE ZONING OR COMMERCIAL, RETAIL OR WHATEVER WERE DOING. THIS HAS AN ODD GROUP OF THINGS ON IT. CHURCHES, STORAGE BUILDINGS, SCHOOLS, DOG SPOT AND THEY ARE NOT CLUSTERED AT COLLECTOR STREETS. IF THIS WOULD'VE BEEN FIVE YEARS AGO WE PROBABLY WOULDN'T HAVE A COLLECTOR THERE. YOU KNOW, I DON'T KNOW THAT NEIGHBORHOOD RETAIL IS NOT AN APPROPRIATE OPTION EVEN THOUGH THEY SAY IT IS NOT AT A CLUSTER POINT AT A COLLECTOR.

>> I AGREE. IF IT WAS A CHURCH RUNNING THE DAYCARE THEY WOULDN'T BE ASKING FOR A ZONING CHANGE. THE FACT THAT IT IS A PRIVATE DAYCARE SERVICE THAT THEY ARE HAVING TO REQUEST IT WHICH WAS PROBABLY THAT LONG TERM DAYCARE NEXT TO IT WAS PROBABLY OPERATED BY A CHURCH AND THEY DIDN'T HAVE TO CHECK OR DO THAT NECESSARILY BECAUSE IT WAS UNDER THAT IDEA. I UNDERSTAND WANTING TO BE CLOSE TO A STREET, SO MANY OF THE BIG STREETS ARE NOT NECESSARILY DEVELOPABLE RIGHT THERE NEAR BELTWAY AND THIS SEEMS LIKE A GOOD USE FOR LAND. I WOULD BE

IN FAVOR OF IT. >> I WOULD LIKE TO SEE IF NICK

CAN RUN THE COMPUTER PROPERLY. >> THE MAIN CONCERN FOR THE NEIGHBORHOOD RESIDENTIAL IS TRAFFIC FLOW HERE THAT IS WHAT WE ARE TALKING ABOUT. ARE WE NOT CONCERNED WITH HOW THIS HAS DEVELOPED AND CAUSE TRAFFIC BACKUPS?

>> BUFFALO GAP, YES AND NO BECAUSE BUFFALO GAP IS A STREET THAT IS DESIGNED FOR THAT KIND OF TRAFFIC.

>> IT PLUGS UP IN EACH DIRECTION. >> YES.

>> THIS IS A MUCH FASTER STREET? OR ROAD.

>> IT CAN TAKE A LOT MORE TRAFFIC. NICK, IF YOU WANT TO

COME OUT AND READ THE LIST,WILL >> CAN YOU SEE THAT?

>> ALMOST. >> IT WANTS US TO.

>> HERE IT COMES. >> OKAY.

>> BOATS NOT MUCH. THAT'S MEDIUM DENSITY DU HAVE NEIGHBORHOOD RETAIL? I WOULD SAY GO AHEAD AND SCAN IN THE

[00:30:16]

USES THAT YOU WOULD MAYBE NOT THINK IS ATTRACTIVE IN THIS CONDITIONAL USE SO THEY WOULD HAVE TO COME BEFORE US TO PUT

SOMETHING LIKE THAT IN THEIR. >> INCLUDING IT SEEMS LIKE

DAYCARE. POSSIBLY. >> THAT IS HOME BASE.

>> I SAY. >> I AM SATISFIED. ENQUEUE.

>> ANY FURTHER DISCUSSION OR IS THERE A MOTION?

>> I WILL MOTION TO APPROVE THE NEIGHBORHOOD ZONING.

>> SECOND. >> WE HAVE A MOTION TO APPROVE NEIGHBORHOOD RETAIL AS REQUESTED.

>> AS REQUESTED. >> I SECOND.

>> COMMISSIONER MITCH BARNETT, COMMISSIONER BRAD BENHAM, COMMISSIONER ALEX RUSSELL, COMMISSIONER IZIAR LANKFORD, COMMISSIONER CLINT ROSENBAUM. THE REQUEST TO APPROVE

NEIGHBORHOOD RETAIL CARRIES. >> Z-2021-31: PUBLIC HEARING AND POSSIBLE VOTE TO RECOMMEND APPROVAL OR DENIAL TO CITY COUNCIL ON A REQUEST FROM JEFFREY C. SNEAD TO CHANGE ZONING FROM AGRICULTURAL OPEN SPACE (AO) TO A GENERAL COMMERCIAL (GC) DISTRICT ON APPROXIMATELY 36 ACRES OF LAND AT 3658 EAST HIGHWAY 80 IN EAST ABILENE.

>> MY NAME IS BRAD STONE AND TODAY'S REQUEST IS TO LOOK AT APPROXIMATELY 36 ACRES ON EAST HIGHWAY 80 ON A POTENTIAL REZONING FROM AGRICULTURAL OPEN-SPACE TO A GENERAL COMMERCIAL DISTRICT. THE SUBJECT PROPERTY AS I MENTIONED HAS ABOUT 36 ACRES. IT IS LOCATED A LITTLE BIT LESS THAN A MILE FROM EAST HIGHWAY 80 INTERSECTION WITH INTERSTATE 20. ABOUT A MILE AND 1/4 EAST FROM LOOP 322. THE SUBJECT PROPERTY ENCOMPASSES ALMOST 86 ACRES OF WHAT IS REALLY MOSTLY VACANT LAND. THERE IS A SINGLE-FAMILY RESIDENCE AND A BARN LIKE STRUCTURE EXISTING ON THE NORTH PART OF THIS PROPERTY CLOSER TO NEWMAN ROAD. THE SUBJECT PROPERTY HAS ABOUT 800 FEET OF FRONTAGE ALONG EAST HIGHWAY 80 AND AS MUCH AS 2000 FEET OF FRONTAGE TO THE NORTH ALONG NEWMAN ROAD. OTHER NEARBY PROPERTIES ALONG THIS PARTICULAR CORRIDOR OF EAST HIGHWAY 80 HAVE LONG BEEN INDUSTRIALIZING. LOCATED IN LIGHT INDUSTRIAL AND HEAVY INDUSTRIAL ZONING DISTRICTS.

THE SUBJECTS PROPERTIES NEW OWNER DESIRES TO DEVELOP SOME AS YET UNDETERMINED PORTIONS OF THIS ACREAGE FOR SELF-SERVICE STORAGE OF BOATS AND OTHER RECREATIONAL VEHICLES. MOST OF THIS WOULD BE OUTDOORS OR UNDER A CARPORT LIKE STRUCTURE. HIS OTHER PLANS INCLUDE A RECREATIONAL VEHICLE PARK. THE ONLY ONE OF ABILENE'S CONVENTIONAL ZONING CLASSIFICATIONS THAT CAN ACCOMMODATE BOTH OF THESE USES IS GENERAL COMMERCIAL ZONING. THAT OF COURSE IS WHAT THE PROPONENT HAS REQUESTED. AS ITS NAME IMPLIES GENERAL COMMERCIAL ZONING WILL ACCOMMODATE A WIDE VARIETY OF BUSINESS ACTIVITY BUT NOT INDUSTRIAL OR MANUFACTURING USE. THE FUTURE LAND USE AND DEVELOPMENT PLAN MAP DISPLAYED IN ABILENE COMPREHENSIVE PLAN IDENTIFIES THE SUBJECT PROPERTY AND ITS SURROUNDINGS TO BE IN AN AREA MARKED FOR BUSINESS / INDUSTRIAL USE. THIS PARTICULAR CHANGE TO A GENERAL COMMERCIAL DISTRICT IS GENERALLY CONSISTENT WITH THE LAND USE POLICY. AS I MENTIONED EARLIER, MUCH OF THE LAND SURROUNDING THIS SUBJECT ARE PRETTY HAS LONG BEEN

[00:35:03]

EMBRACED WITHIN EITHER LIGHT INDUSTRIAL OR HEAVY INDUSTRIAL ZONING DISTRICT. THE USE ROUTINELY ALLOWED IN GENERAL COMMERCIAL ZONING ARE NOT INCOMPATIBLE WITH THE USES ALLOWED IN LIGHT INDUSTRIAL AND HEAVY INDUSTRIAL DISTRICTS AND I WOULD REMIND YOU THAT GENERAL ZONING DOES NOT ALLOW DEVELOPMENT OF PERMANENT RESIDENCES AND SINGLE-FAMILY, TWO-FAMILY OR MULTIFAMILY RESIDENTIAL LIVING ARRANGEMENT.

ANYMORE RESIDENCES ON THIS PROPERTY WOULD NOT BE ALLOWED WITH THIS GENERAL COMMERCIAL ZONING. CITY STAFF THEREBY RECOMMENDS APPROVING THIS REQUESTED ZONE CHANGE TO A GENERAL COMMERCIAL DISTRICT. WE HAVE SOME PHOTOS OF THE SUBJECT PROPERTY AND ITS SURROUNDINGS AND ON THE TOP LEFT OF THE PHOTO LOOKING STRAIGHT NORTH FROM EAST HIGHWAY 80 LOOKING IN THE DIRECTION OF THAT SINGLE-FAMILY RESIDENCE AND THE BARN LIKE STRUCTURE IN THE REMOTE DISTANCE THERE. AT THE TOP RIGHT WE ARE LOOKING AT SOME OF THE INDUSTRIAL PROPERTIES SOUTH OF THE SUBJECT PROPERTY ALONG EAST HIGHWAY 80 AND IN THE LOWER LEFT WE ARE LOOKING AT PNEWMAN ROAD. I MENTIONED THIS PROPERTY HAS SIGNIFICANT FRONTAGE ALONG NEWMAN ROAD WHICH AS YOU CAN SEE IS REALLY DEVELOPED ONLY TO RURAL STANDARDS BUT IT IS MY UNDERSTANDING THAT THE PROPONENTS SHORT-TERM DEVELOPMENT INTERESTS ARE LOCATED FURTHER SOUTH ALONG THE 800 FEET OF FRONTAGE THAT THIS PROPERTY HAS ON EAST HIGHWAY 80. TO THE NORTH IS BASICALLY VACANT AGRICULTURAL LAND AND THUS WE SEE IN THE PHOTO IN THE LOWER RIGHT AND THAT IS LOOKING STRAIGHT NORTH FROM THE SUBJECT PROPERTY TO THE VACANT AGRICULTURAL LAND TO THE NORTH. WE NOTIFIED SEVERAL, WELL, A LOT OF THE NEARBY OWNERS OF PROPERTY WITHIN 200 FEET AND WE RECEIVED TWO COMMENTS IN FAVOR AND THERE WERE NO PARTICULAR OR SPECIFIC COMMENTS ON ANY OF THOSE COMMENT FORMS. AGAIN, THE CITY STAFF RECOMMENDS APPROVING THIS REQUESTED ZONE CHANGE TO A GENERAL COMMERCIAL DISTRICT. MUCH OF THE SURROUNDING ZONING ALONG EAST HIGHWAY 80 IS INDUSTRIAL IN NATURE BUT AGAIN, THE USES PERMITTED OR ALLOWED IN GENERAL ZONING DISTRICTS ARE NOT FUNDAMENTALLY INCOMPATIBLE WITH SURROUNDING INDUSTRIAL DISTRICT. THANK YOU AND I WOULD BE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

>> ANY QUESTIONS FOR BRAD? >> THANK YOU BRAD. I WILL OPEN THE PUBLIC HEARING WOULD ANYONE LIKE TO COME UP AND ADDRESS THE ZONING CASE? MAKE A COMMENT? SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING ANY DISCUSSION OR A MOTION?

>> I VOTE YES. >> I SECOND.

>> A BOAT TO MOVE AND A SECOND.

>> COMMISSIONER MITCH BARNETT, COMMISSIONER BRAD BENHAM, COMMISSIONER ALEX RUSSELL, COMMISSIONER SHAWNTE? FLEMING, COMMISSIONER IZIAR LANKFORD AND COMMISSIONER CLINT ROSENBAUM?

THE MOTION CARRIES. >> Z-2021-32: PUBLIC HEARING AND POSSIBLE VOTE TO RECOMMEND APPROVAL OR DENIAL TO CITY 14 ACRES OF LAND AT 665 EAST SOUTH 27TH STREET IN SOUTHEAST ABILENE. LEGAL DESCRIPTION BEING A CERTAIN 14.34 ACRES OUT OF THE NORTHEAST QUARTER OF BLIND ASYLUM LANDS SECTION 62 IN ABILENE, TAYLOR COUNTY, TEXAS. THIS REQUEST IS TO REZONE FROM AO TO MD AND THE OWNER OF THIS IS WEATHERBY CONSTRUCTION. THE REQUEST IS TO REZONE FROM AO TO MD AND THE INTENT IS TO BUILD A TWO-FAMILY AND SINGLE-FAMILY MIXED DEVELOPMENT ON THIS SUBJECT PROPERTY PER THE LOCATION IS 665 E. SOUTH 27TH ST. CITY STAFF SENT OUT A NOTIFICATION LETTER WITHIN TWO FEET OF THE SUBJECT PROPERTY AND WE RECEIVED ZERO RESPONSES IN FAVOR AND ZERO IN OPPOSITION.

N. A LOCATION MAP SHOWING AN AERIAL IMAGE OF THE SUBJECT PROPERTY AS YOU CAN SEEE WE ARE JUST SOUTH OF 27TH ST. AND THIS PROPERTY MIGHT LOOK FAMILIAR TO YOU ALL. JUST LAST MONTH YOU REQUESTED A ZONING OF PD WHICH ESTABLISHES A RESIDENTIAL MIX

[00:40:01]

WHICH IS SIMILAR TO MEDIUM DENSITY WHICH IS WHAT THEY WANT TO DO WITH THIS PROPERTY. THE CURRENT MAP SHOWING THE ZONING FOR THIS PROPERTY IS AGRICULTURAL OPEN AS IT STANDS TODAY. EAST S. 27TH ST. IS A MAJOR ARTERIAL STREET WHICH IS DESIGNED TO CARRY THE LOAD OF TRAFFIC THAT YOU MIGHT EXPECT FROM ANY RESIDENTIAL SUBDIVISION MOVING INTO THE AREA. PERMITTED USE SLIDE SHOWING ALL THE USES ALLOWED IN THE CURRENT AO ZONING. ONCE AGAIN ANOTHER PERMITTED USE SLIDE SHOWS WHAT WOULD BE ALLOWED WITH THE MEDIUM DENSITY ZONING WHICH IS PROPOSED FOR THE PROPERTY. A FEW PHOTOGRAPHS OF THE SUBJECT PROPERTIES AS WELL AS THE ADJACENT PROPERTIES OF THE TWO TOP PHOTOS ARE PICTURES OF THE SUBJECT PROPERTY ITSELF TO THE BOTTOM LEFT-HAND PHOTO IS THE PROPERTY IMMEDIATELY NORTH OF EAST SOUTH 27TH ST. IN THE BOTTOM RIGHT-HAND PHOTO IS THE SUBJECT PROPERTY THAT YOU CONSIDER LAST MONTH IMMEDIATELY EAST OF THE SUBJECT PROPERTY.

THE NOTIFICATION MAP SHOWING THE EXTENT OF THE 200 FOOT NOTIFICATION AREA SURROUNDING THE SUBJECT PROPERTY ONCE AGAIN STAFF SENT DICTATION LETTERS TO ALL OWNERS OF PROPERTIES THAT FALL WITHIN THAT TUNER FOOT RADIUS AND WE RECEIVED ZERO RESPONSES IN FAVOR AND ZERO IN OPPOSITION. STAFF DID FIND THAT THIS REQUEST WAS CONSISTENT WITH THE CONFERENCE OF PLAN AND FUTURE LAND USE DEVELOPMENT PLAN MAP SECTION 1414 OF LAND DEVELOPMENT CODE WHICH IS THE CRITERIA FOR APPROVAL AND STAFF IS RECOMMENDING APPROVAL FOR YOU ALL THIS AFTERNOON. I WOULD BE HAPPY TO ANSWER ANY QUESTIONS

YOU MIGHT HAVE IN THIS TIME. >> IN THE PD WE DID LAST MONTH WHAT WAS THE PLAN THAT WAS BUTTED UP AGAINST THAT TO THE

EAST? >> THE PD IS BROKEN UP INTO TRACKS AND THAT TRACK IMMEDIATELY ADJACENT TO THIS CALLS FOR WHAT USED TO BE RM TO WHICH WOULD CONSIDER TO BE MULTIFAMILY WHICH ALLOWS FOR DEVELOPMENTS OF APARTMENT STYLE HOMES, DUPLEXES, QUAD PLEXUS WOULD BE ALLOWED. THE KEY WOULD BE THEY ARE LIMITED TO NO MORE THAN 18 UNITS PER ACRE AS THE NORMALLY REQUIRED 24 UNITS THAT WE WOULD TYPICALLY SEE IN

MULTIFAMILY ZONING. >> CMD WAS 12?

>> YES IT'S A BIT MORE DENSE TO THE EAST HERE THE SUBJECT PROPERTY WOULD BE HELD TO THE 12 UNIT PER ACRE REQUIREMENT

HERE. >> IT IS ALMOST LIKE ZONING?

>> CORRECT. IT'S A CONTINUATION TO WHAT WE DONE TO THE EAST ESSENTIALLY WHAT CURRENTLY EXISTS.

>> OKAY. >> ANY QUESTIONS?

>> THANK YOU. >> I OPEN THE PUBLIC HEARING.

>> THANK YOU DAVID TODD. I WOULD LIKE TO COMBINE THESE TRACKS TO THE EAST AND WE WILL COME UP WITH A MASTER PLAN OF LOW-DENSITY MULTIFAMILY IN THE AREA.

>> ANYTHING ELSE? >> THANK YOU. ANYONE ELSE? I WILL CLOSE THE PUBLIC HEARING. DO WE HAVE A MOTION OR FURTHER

DISCUSSION? >> I WILL MOTION.

>> SECOND. >> COMMISSIONER MITCH BARNETT, COMMISSIONER BRAD BENHAM, COMMISSIONER ALEX RUSSELL, COMMISSIONER BILL NOONAN, COMMISSIONER IZIAR LANKFORD AND COMMISSIONER CLINT ROSENBAUM. THE MOTION CARRIES.

>> Z-2021-32 THIS IS A REZONING FOR SELF STORAGE.

>> THANK YOU MR. CHAIRMAN I AM BRAD STONE AND I AM A PLANNER ON CITY STAFF AND I AM PRESENTING THIS RATHER UNIQUE CASE HENCE THE PROPOSED PLAN DEVELOPMENT DISTRICT. THE SUBJECT PROPERTY INCLUDES AS THE CHAIRMAN MENTIONED ABOUT AN ACRE AND 1/4 ON THE NORTH SIDE OF BOWLING GREEN DOCTOR AND SITUATED A FEW HUNDRED FEET EAST OF CLAW DRIVE. THIS SUBJECT PROPERTY IS VACANT. IT IS SURROUNDED ON THREE SIDES AS YOU CAN SEE FROM THIS PHOTO BY AN APARTMENT COMPLEX IN PARTICULAR THE TYLER GRAND APARTMENT COMPLEX. THIS APARTMENT COMPLEX WRAPS AROUND THREE OF THE SUBJECT PROPERTIES, FOUR OF THE SIDES THE FOURTH OR THE S. SIDE ADJOINS ROLLING GREEN DOCTOR. ACROSS ROLLING GREEN DRIVE LIES THE CAMPUS OF WARD ELEMENTARY SCHOOL AS WELL AS A SUBDIVISION OF PATIO HOMES I BELIEVE IT IS CALLED THE DARDEN GROVE ADDITION. ONE OF THE UNIQUE FEATURES ABOUT THIS SUBJECT

[00:45:06]

PROPERTY CONCERNS THE LOCATION OF SEWER MAINS. ALL BUILDINGS IN THE TYLER GRAND APARTMENT COMPLEX ARE CONNECTED TO A SEWER MAIN ADJACENT TO THE VERY NORTHWEST CORNER OF THIS APARTMENT COMPLEX JUST OFF THE AERIAL PHOTO THAT YOU SEE.

THAT SEWER MAIN THAT SERVES TYLER GRAND APARTMENTS IS AT LEAST 500 FEET FROM THE SUBJECT PROPERTY. ANOTHER SEWER MAIN DOES LIE CLOSER TO THE SUBJECT PROPERTY CROSSED THE WIDTH OF ROLLING GREEN DRIVE. THE WATER UTILITIES DEPARTMENT INFORMS ME THAT THIS EXISTING SEWER MAIN EVEN THOUGH IT IS VERY CLOSE IS TOO SHALLOW TO BE EXTENDED ANY FURTHER NORTH. AND STILL EXPECT THE WASTE WATER TO FLOW. THE EXTENSION OF THAT SEWER TO THE SUBJECT PROPERTY IS NOT A REALISTIC POSSIBILITY. THE PRESENT OWNERS OF THIS PROPERTY ARE THEREBY SEEKING SOME AVENUE WITH WHICH TO ALLOW DEVELOPMENT OF THE SUBJECT PROPERTY WITHOUT HAVING TO EXTEND THE ONLY OTHER NEARBY SEWER MAIN BY AS MUCH AS 900 FEET. THEIR PROPOSAL IS A PLANNED DEVELOPMENT DISTRICT WHICH WOULD DO TWO THINGS, WELL, SEVERAL THINGS THAT MOST IMPORTANT TWO THINGS IS THAT IT WOULD KEEP AS A BASE OR DEFAULT ZONING CLASSIFICATION IT'S EXISTING RESIDENTIAL MULTIFAMILY CLASSIFICATION BUT ALSO ALLOW FULLY ENCLOSED SELF SERVICE STORAGE FACILITIES. BECAUSE, IF NOT EQUIPPED WITH A MANAGEMENT OFFICE OR A CARETAKERS RESIDENCE, A SELF-SERVICE STORAGE FACILITY DOES NOT REQUIRE SEWER SERVICE.

SO, THAT IS AN IMPORTANT PART OF THEIR PROPOSED PLANNING.

ONE, THE ONLY NONRESIDENTIAL USE ALLOWED WOULD BE SELF-SERVICE STORAGE. AND THEN TWO, THE EXTENSION OF THE CITY SEWER MAIN WOULD NOT BE REQUIRED IN CONJUNCTION OF THE PLATTING OF THIS PROPERTY. IN ADDITION TO THAT, THE PROPONENTS ARE ALSO SEEKING APPROVAL OF AN ALTERNATIVE LANDSCAPE PLAN WHEREBY ALL OF THE REQUIRED TREES AND SHRUBS WOULD BE SITUATED WITHIN THE FRONT 10 FEET OF THIS PROPERTY SCREENING IT FROM THE SCHOOL IN THE PATIO HOMES ACROSS THE WIDTH OF ROLLING GREEN DRIVE. THE ZONING MAP SHOWS THE SUBJECT PROPERTY AS WELL AS THE PROPERTIES TO THE NORTH, EAST AND WEST WITHIN THAT EXISTING RESIDENTIAL MULTIFAMILY DISTRICT. WARD ELEMENTARY SCHOOL REMAINS WITHIN THE AGRICULTURAL OPEN SPACE DISTRICT AND WE CAN SEE THERE ARE PATIO HOMES TO THE SOUTHWEST. THE FUTURE USE AND ELEMENT MAP THAT IS DISPLAYED IN ABILENE'S COMPREHENSIVE PLAN IDENTIFIES THE SUBJECT PROPERTY AND ITS SURROUNDINGS TO BE IN AND I QUOTE, A MAJOR COMMERCIAL BUSINESS CENTER. THIS PARTICULAR BUSINESS AND COMMERCIAL CENTER COVERS AN EXTENSIVE AREA ON THE PLAN MAP BOUNDED BY BUFFALO GAP ROAD WINTERS FREEWAY, SOUTHWEST DRIVE AND CLAW DRIVE REACHING ALMOST ALL THE WAY SOUTH TO REBECCA LANE. SUCH MAJOR COMMERCIAL AND BUSINESS CENTERS SHOULD, ACCORDING TO THE COMPREHENSIVE PLAN EXHIBIT A MIX OF RETAIL SERVICES OFFICE AND CIVIC USES AS WELL AS MULTIFAMILY RESIDENCES ALL AT RELATIVELY HIGH CONCENTRATIONS WITH SINGLE-FAMILY HOUSING ON THE FRINGE. THIS IS PRETTY MUCH WHAT WE HAVE IN THIS PARTICULAR BUSINESS AND COMMERCIAL CENTER. THIS PARTICULAR POST PLAN DEVELOPMENT DISTRICT DOES SEEM GENERALLY CONSISTENT WITH THIS LAND-USE POLICY OF ABILENE'S COMPREHENSIVE PLAN. GIVEN THAT THE ALLOWED NONRESIDENTIAL USE OF THIS PROPERTY WILL BE LIMITED TO SELF-SERVICE STORAGE WHICH IS FULLY ENCLOSED SET WITHIN SOMEWHAT OF A LANDSCAPED ENVIRONMENT, THIS PROPOSED DEVELOPMENT DISTRICT STILL SEEMS COMPATIBLE WITH ADJACENT MULTIFAMILY RESIDENTIAL AND NEARBY PATIO HOMES. CITY STAFF THEREBY RECOMMENDS APPROVING AS REQUESTED ZONE CHANGE TO A PLANNED DEVELOPMENT DISTRICT AS

[00:50:04]

IT HAS BEEN PROPOSED. WE HAVE COURSE HAVE SOME PICTURES OF THE SUBJECT PROPERTY AND ITS SURROUNDINGS GOOD IN THE UPPER LEFT WE SEE THE SUBJECT COPY ITSELF WITH THE APARTMENT COMPLEXES LOOMING OVER IT. THE NEIGHBORING PROPERTY TO THE SOUTH, WE SEE THE PATIO HOME DEVELOPMENT TO THE SOUTHWEST AND DIRECTLY TO THE SOUTH IN THE LOWER RIGHT CORNER WE CAN SEE THE CAMPUS OF WARD ELEMENTARY SCHOOL. WE NOTIFIED THE OWNERS OF ADJACENT AND NEARBY PROPERTY. WE DID GET ONE RESPONSE IN OPPOSITION AND THIS PERSON RESPONDING IN OPPOSITION DID PROVIDE US WITH SOME WRITTEN COMMENTS. AND I QUOTE, "THIS IS NOT A GOOD THING OR A RESIDENTIAL NEIGHBORHOOD AND ESPECIALLY WITH AN ELEMENTARY SCHOOL ACROSS THE STREET. THE EXTRA TRAFFIC GENERATED WOULD FURTHER BURDEN THE INTERSECTION OF ROLLING GREEN DRIVE AND CLAW DRIVE PROBABLY CAUSING THE FUTURE INSTALLATION OF A TRAFFIC SIGNAL LATER. CITY STAFF AGAIN RECOMMENDS APPROVAL OF THIS REQUESTED PLAN DEVELOPMENT AS AN APPROPRIATE AVENUE FOR THE FUTURE DEVELOPMENT OF THIS PROPERTY.

THANK YOU. >> I WOULD BE HAPPY TO ANSWER

ANY QUESTIONS. >> WAS ANY THOUGHT GIVEN TO A GENERAL ZONING INSTEAD OF PUTTING IT IN APD? IT'S A UNIQUE WAY OF DOING IT AND THIS IS OUTSIDE THE BOX THINKING IN MY OPINION BUT HAD YOU GIVEN ANY THOUGHT TO OTHER ZONING?

>> YOU ARE STILL FACED WITH THE REQUIREMENT FOR SEWER. THE PROPERTY HAS TO BE REPRESENTED ON A SUBDIVISION PLAT AND IT'S NOT REPRESENTED ON A SUBDIVISION PLAT RIGHT NOW.

APPROVAL OF THAT WOULD TRIGGER THE REQUIRED EXTENSION OF SEWER TO THIS AND THAT IS A PART OF THE SUBDIVISION REGULATIONS AND A PLANNED DEVELOPMENT DISTRICT MAY VARY FROM THE ORDINARY REQUIREMENTS FROM THE SUBDIVISION REGULATIONS AS WELL AS ZONING RECOMMENDATIONS. THE COMBINATION OF THE USE CONSIDERATIONS IN THE ABSENCE OF SEWER, I THOUGHT THE BEST AVENUE FOR THIS AND I DID SUGGEST THIS TO THE PROPERTY OWNERS, THAT THE PLANNED DEVELOPMENT DISTRICT WAS PROBABLY THE BEST AVENUE IN THIS PARTICULAR CASE.

>> THANK YOU. >> I WILL OPEN THE PUBLIC HEARING PAIRED WOULD ANYONE LIKE TO COME AND SPEAK ON THIS

MATTER? >> DAVID TODD, 402 CEDAR. THEY DID HELP US WITH THIS AND ONE WAY TO GET AWAY FROM THE SEWER WAS OBVIOUSLY TO DO THIS. IT'S A GOOD USE OF THE PROPERTY SINCE IT IS LANDLOCKED FROM SEWER. THIS WOULD BE A TOTALLY CONDITIONED STORAGE FACILITY SO EVERYTHING WOULD BE INSIDE AND IT WON'T HAVE THE ELEMENT THAT MOST OF US ARE USED TO SEEING IN SELF STORAGE. WITH THAT I WOULD BE GLAD TO ANSWER ANY

OTHER QUESTIONS YOU MAY HAVE. >> THANK YOU DAVID. IS THIS

YOUR LAST PLANNING AND ZONING? >> ONE OF THEM. I HAVE ONE NEXT MONTH AND THEN I'M THROUGH.

>> ANYONE ELSE? OR I WILL CLOSE THE PUBLIC HEARING. THE SCENIC WAY OF DOING IT AND I THINK THAT'S A GOOD SOLUTION.

CAN WE MAKE A MOTION? >> I WILL MOTION TO APPROVE.

>> SECOND. >> COMMISSIONER MITCH BARNETT, COMMISSIONER BRAD BENHAM, COMMISSIONER ALEX RUSSELL, COMMISSIONER BILL NOONAN, COMMISSIONER IZIAR LANKFORD AND

COMMISSIONER CLINT ROSENBAUM. >> Z-2021-34 THIS IS FROM CHRISTOPHER HOWARD TO CHANGE FROM SINGLE-FAMILY (RS-6) TO A RESIDENTIAL SINGLE-FAMILY PATIO HOME (PH) DISTRICT ON APPROXIMATELY 2.78 ACRES OF NOW-VACANT LAND AT 1633 GRIFFITH ROAD. LEGAL DESCRIPTION BEING ALL OF LOT 1 IN HBMS ROPPE ESTATES, ABILENE, TAYLOR COUNTY, TEXAS.

>> I AM JARED SMITH AND I WILL BE PRESENTING Z-2021-34 THIS IS REPRESENTED BY AGENT JACOB AND MARTIN. THE REQUEST IS TO REZONE FROM RS ? 6 LOCATION IS 1633 GRIFFITH RD. CITY STAFF SENT OUT PROPERTIES TO AN FEET OF THE SUBJECT PROPERTY AND WE RECEIVE ZERO RESPONSES IN FAVOR AND ONE IN OPPOSITION. HERE IS A LOCATION MAP SHOWING AN AERIAL IMAGE OF THE SUBJECT PROPERTY AND AS YOU CAN SEE YOUR EAST OF GRIFFITH ROAD WEST OF GRIFFITH LAKE. CURRENT ZONING MAP SHOWING THE SUBJECT

[00:55:04]

PROPERTY IS CURRENTLY WITHIN RS SIX ZONING DISTRICT AND AS YOU CAN SEE IN THIS MAP GRIFFITH ROAD IS A COLLECTOR ROAD AND IT IS ORDINARILY DESIGNED TO SEE THE TRAFFIC FROM A RESIDENTIAL ELEMENT THAT WOULD BE CREATED FROM A ZONE CHANGE REQUEST. A PERMITTED USE SLIDE SHOWS ALL THAT IS ALLOWED IN THIS PATIO ZONING CLASSIFICATION. HERE IS A SUBDIVISION EXHIBIT AND STAFF HAS RECEIVED A DRAFT LET TO REVIEW. AS YOU CAN SEE WITH THIS DRAFT PLAT THEY ARE INTENDING TO HAVE SEVEN SINGLE-FAMILY HOME SITES THAT FRONT ONTO GRIFFITH ROAD AND THEN THERE'S AN EIGHTH LOT THAT IS GOING TO SERVE AS A COMMONS GREEN SPACE AND THUS GOING TO BE MAINTAINED BY AN A SHOW WAY. A FEW PHOTOGRAPHS OF THE SUBJECT PROPERTY AS WELL AS ADJACENT PROPERTIES TOP LEFT-HAND PHOTO IS A VIEW OF THE SUBJECT PROPERTY ITSELF IN THE TOP RIGHT-HAND PHOTO IS A NEIGHBOR TO THE NORTH AND THE BOTTOM RIGHT-HAND PHOTO IS A NEIGHBOR IMMEDIATELY TO THE SOUTH AND THE BOTTOM LEFT-HAND PHOTO ARE THE EXISTING HOMES ON THE WEST SIDE OF GRIFFITH ROAD. NOTIFICATION MAP SHOWING THE EXTENT OF THE 200 FOOT NOTIFICATION AREA ONCE AGAIN, ALL PROPERTY OWNERS WITHIN THIS TUNA FOOT NEGATION BUFFER WERE NOTIFIED OF THE ZONE CHANGE REQUEST. WE DID RECEIVE ONE RESPONSE IN OPPOSITION AND ZERO IN FAVOR. THE ONE OPPOSITION WE DID HAVE DID NOT PROVIDE ANY BACKGROUND THEY JUST SAID I AM OPPOSED. STAFF FOUND THAT THIS REQUEST IS CONSISTENT WITH THE COMPREHENSIVE PLAN IN THE FUTURE LAND USE ELEMENT PLAN MAP REVIEW TO SECTION 1414 OF THE LAND DEVELOPING CODE WHICH IS THE CRITERIA FOR APPROVAL AND CITY STAFF IS RECOMMENDING APPROVAL TO ALL THIS AFTERNOON. I WOULD BE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE REGARDING THIS REQUEST AT THIS

TIME. >> ANY QUESTIONS? THANK YOU.

>> I WILL OPEN THE PUBLIC HEARING AND ANYONE CAN COME UP

AND ADDRESS THE REZONING CASE. >> GOOD AFTERNOON. I'M AN AGENT FOR THE DEVELOPER. THIS ZONING REQUEST IS TO SUPPORT THE SEVEN PATIO HOMES AT THE LOCATION AS JARED OUTLINED THE DEVELOPER OF THIS PROPERTY IS THE SAME DEVELOPER THAT HAS PUT IN THE GREAT LAKES STATE DEVELOPMENT PEERED THEIR REQUEST FOR PATIO HOME ALLOWS THEM TO PUT IN A DIFFERENT PRODUCT THAN WHAT THEY ARE DOING AT GRIFFITH LAKE ESTATE.

IT IS A GOOD-LOOKING DEVELOPMENT IN THIS ONE WILL BE NO EXCEPTION. LIKE STAFF WE BELIEVE THE ZONING IS APPROPRIATE FOR THIS LOCATION AND WE ASK FOR YOUR SUPPORT.

WE WOULD BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.

>> I APPRECIATE IT. ANYONE ELSE? I WILL CLOSE THE PUBLIC HEARING. ANY FURTHER DISCUSSIONS OR EMOTION? MOTION

TO APPROVE. >> SECOND.

>> A SECOND. >> COMMISSIONER MITCH BARNETT, COMMISSIONER BRAD BENHAM, COMMISSIONER ALEX RUSSELL, COMMISSIONER BILL NOONAN, COMMISSIONER IZIAR LANKFORD AND COMMISSIONER CLINT ROSENBAUM. THE MOTION TO APPROVE CARRIES.

>> Z-2021-35 FROM BROAD VILLE BAPTIST CHURCH FOR A REZONING DISTRICT ON 0.3271 ACRE OF LAND AT 2414 SOUTH 27TH STREET IN SOUTH CENTRAL ABILENE. LEGAL DESCRIPTION BEING THE SOUTH 104 FEET OF THE WEST 137 FEET OF LOT 4 IN BLOCK 1 OF THE OVER.

>> GOOD AFTERNOON EVERYONE. I AM NICK WATTS. I WILL BE PRESENTING THIS CASE Z-2021-35, ON BEHALF OF THE OWNER BROAD VIEW WRAPPED HIS CHURCH PEERED THIS IS A REZONE FROM RS ? 6 NEIGHBORHOOD RETAIL LOCATED AT 2414 S. 27TH ST. THE SUBJECT PROPERTY WAS OWNED ON A SINGLE-FAMILY RESIDENTIAL SINCE 1974. IT IS A PORTION OF LOT 4 WITHIN BLOCK ONE OF THE OVER PLACED ADDITION AND THAT PLAT IS PLACED IN YOUR AGENDA.

BROADVIEW BAPTIST CHURCH HAS OWNED THIS PROPERTY SINCE 2014 AND IN ACCORDANCE TO INFORMATION INCLUDED WITHIN THE APPLICATION BROADVIEW BAPTIST CHURCH WOULD LIKE TO REZONE THE SUBJECT PROPERTY TO ATTRACT BUYERS INTERESTED IN A RETAIL DISTRICT. THIS IS A LOCATION MAP OF THE PROPERTY HIGHLIGHTED IN YELLOW. ROD VIEW BAPTIST CHURCH IS THE PROPERTY TO THE WEST. TO THE NORTH IS RESIDENTIAL TO THE SOUTH IS RESIDENTIAL AND THEN THERE IS AN AUTO REPAIR RETAIL ESTABLISHMENT. O'REILLY'S AUTO PARTS TO THE EAST. THE ZONING MAP INDICATING THE CURRENT ZONING EVERYTHING AROUND THERE IS RS ? 6. AS BRAD STATED IN THE PREVIOUS CASE THE CHURCH CAN BE ESTABLISHED WITHIN ANY ZONING DISTRICT AND NOW THE CHURCH DECIDED THEY DON'T WANT TO DO ANYTHING WITH THIS

[01:00:02]

PROPERTY THEY WANT TO SELL IT SO THEY ARE REZONING TO NEIGHBORHOOD RETAIL PEERED THERE IS GENERAL REZONING COMMERCIAL DISTRICTS TO THE EAST AND THAT IS A MORE INTENSIVE USE ALLOWING FOR A MORE INTENSIVE TYPE OF USE.

THIS SUBJECT PROPERTY IS REPRESENTED ON THE LAND USE AND DEVELOPMENT PLAN MAP ALONG AN ENHANCEMENT CORRIDOR.

ENHANCEMENT CORE DOORS SUCH AS THIS ONE TYPICALLY AREN'T MADE FOR RESIDENTIAL DISTRICTS SO SOMETHING MORE COMMERCIAL OR RETAIL IS MORE APPROPRIATE. THIS IS THE SLIDE FOR RS SIX ZONING WHICH TELLS YOU THE PERMITTED USE WHICH IS SIMPLY RESIDENTIAL. THIS IS NEIGHBORHOOD RETAIL BUSINESSES WHAT WAS INCLUDED IN THE OTHER SLIDE SO I APOLOGIZE FOR THAT.

THIS GIVES YOU EXACT REPRESENTATION ON WHAT WOULD BE PERMITTED. MUCH OF THE MORE INTENSIVE USE TO REQUIRE A CONDITIONAL USE PERMIT. I THINK IT IS UP TO THE SELLER WHAT THEY WANT TO ALLOW THE USE OF THAT PROPERTY PEERED SOMETHING MORE ALONG THE LINES OF OFFICE. YOU WILL SEE A LOT OF OFFICE TYPE USES ALONG THAT CORRIDOR. THESE ARE VIEWS OF THE SUBJECT PROPERTY. THE HOUSE ITSELF IS VERY CLOSE TO THE STREET AND THEN YOU CAN SEE THE NEIGHBORING PROPERTY TO THE EAST AND THE CHURCH AND RESIDENCES TO THE SOUTH THAT CURRENTLY EXIST. THIS IS A NOTIFICATION MAP INDICATING THAT STAFF SENT OUT NOTIFICATION LETTERS TO ANYONE WITHIN A 200 FOOT BUFFER AND WE RECEIVE ZERO IN FAVOR AND ZERO IN OPPOSITION. STAFF FOUND THIS WAS CONSISTENT WITH A COMPREHENSIVE PLAN AND FUTURE LAND USE AND DEVELOPMENT PLAN MAP. IT WAS REVIEWED PURSUANT TO THE LAND DEVELOPMENT CODE CRITERIA FOR APPROVAL AND STAFF IS RECOMMENDING APPROVAL AND WE WOULD BE HAPPY TO ANSWER ANY QUESTIONS.

>> DO WE HAVE ANY QUESTIONS? THANK YOU.

>> I WILL OPEN THE PUBLIC HEARING IF ANYONE WOULD LIKE TO COME UP AND ADDRESS THIS ZONING CASE. SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING. ANY DISCUSSION, FURTHER DISCUSSION

OR A MOTION? >> MOTION TO APPROVE.

>> MOTION TO APPROVE AND A SECOND.

>> COMMISSIONER MITCH BARNETT, COMMISSIONER BRAD BENHAM, COMMISSIONER ALEX RUSSELL, COMMISSINER BILL NOONAN, REVEREND IZIAR LANKFORD AND COMMISSIONER CLINT ROSENBAUM.

IT CARRIES. >> NEXT IS Z-2021-36 TO AMEND TERMS AND CONDITIONS OF PLANNED DEVELOPMENT DISTRICT NUMBER 77 (PD 77) SPECIFICALLY AS THEY AFFECT 1.98 ACRE OF NOW-VACANT

LAND AT 3850 CATCLAW DRIVE. >> ONCE AGAIN, NICK WATTS PLANNING DEVELOPMENT STAFF WILL BE Z-2021-36 PRESENTING THIS CASE ON BEHALF OF THE OWNER AND THE AGENT. THIS IS AN AMENDMENT TO THE PLANNED DEVELOPMENT DISTRICT NUMBER 77.

THIS IS THE LOCATION MAP INDICATING THE ENTIRE PD AS WELL AS THE SUBJECT IN QUESTION. THE PLANNED DEVELOPMENT DISTRICT AMENDMENT REQUEST INCORPORATES ONE LOT THE REQUEST IS FOR ONE LOT CURRENTLY LOT 201 IN BLOCK A OF THE PACK ADDITION. THIS LOT IS CROSSHATCHED IN YELLOW. THE REMAINING PD IS DIAGONALLY STRIPED IN YELLOW. THIS PLANNED DEVELOPMENT DISTRICT WAS CREATED IN 2002 WITH AMENDMENTS IN 2005, 2011 AND 2017. IF YOU HAVE A SPECIFIC QUESTION ABOUT THOSE AMENDMENTS I WILL ANSWER THEM IN THE END.

THE PERMITTED USES FOR THE ENTIRE PD ARE INDICATED WITH AN ORDINANCE 38 ? 2002 11 ? 2005 AND 11 ? 2000 17 ARE INCLUDED IN THE PACKET. CURRENTLY THERE ARE NO AUTOMOTIVE USES INDICATED AS A PERMITTED USE WITHIN THE ENTIRE PD DISTRICT HEARD THE APPLICANT'S ARE QUESTING THIS AMENDMENT TO OPERATE AN AUTOMOBILE OIL CHANGE IS US ON THIS LOT SPECIFICALLY AUTOMOBILE OIL CHANGE BUSINESS. THIS IS THE ZONING MAP INDICATING THE CURRENT ZONING OF THE PROPERTY AND YOU CAN SEE THIS IS PD ? 77 AND THERE IS A DIFFERENT PD TO THE NORTH OF WHICH I BELIEVE IS TO THE WEST AND A MULTI FAMILY APARTMENT TO THE EAST. SEVERAL VIEWS OF THE PROPERTY. LOTS OF PICTURES OF THE PD ITSELF. SOME OF YOU GUYS MIGHT BE FAMILIAR WITH THIS THERE IS A DOLLAR GENERAL AT THE

[01:05:03]

NORTHERNMOST PORTION AND THERE IS A MEDICAL PRACTICE NEXT TO THIS LOT IN QUESTION. YOU CAN KIND OF SEE THE REMNANTS OF IT WITH THE PHOTO ON THE VERY RIGHT LOT 201. THERE IS AN ORANGE THEORY FITNESS AND THERE IS A BARBECUE RESTAURANT AND ANOTHER RESTAURANT THE SOUTHERN MOST PORTIONS OF THIS. THIS SUBJECT PROPERTY AND PD ARE LOCATED WITHIN A MAJOR BUSINESS CENTER OF THE SPECIFIC LAND-USE PERMITS A MIX OF USES INCLUDING AUTOMOBILE SERVICE STATIONS. THIS WAS A PROPOSED SITE PLAN THAT WE HAD BEEN WORKING WITH THE DEVELOPER ON. IT'S CONCEPT IN NATURE AND IF ANYTHING WAS TO PROGRESS THEY WOULD STILL BE SUBJECT TO ALL OF THE REQUIREMENTS WITHIN THE PD AND ALL OF THE SITE PLAN IMPROVEMENTS RELATED TO IT.

THE STAFF SENT OUT NOTIFICATIONS TO EVERYONE WITHIN A 200 FEET BUFFER OF THE ENTIRE PD AND NOT JUST THE SUBJECT PROPERTY. WE RECEIVED TWO IN FAVOR AND ONE IN OPPOSITION ESSENTIALLY, THE ONE IN OPPOSITION SAID THAT THIS WAS NOT AN APPROPRIATE USE FOR THE PROPERTY AND IT SHOULD REMAIN RETAIL IN NATURE. THE STAFF FOUND THIS WAS CONSISTENT WITH THE COMPREHENSIVE PLAN AND FUTURE LAND USE PLAN MAP PURSUANT TO SECTION 1.4.4 OF LAND DEVELOPMENT CODE. STAFF IS RECOMMENDING APPROVAL WITH CONDITIONS. WE WANTED TO ALTER THE PERMITTED USE LANGUAGE TO INCLUDE ONLY AUTOMOBILES AND SMALL TRUCK OIL CHANGES AND THE REASON FOR THAT IS DO NOT PERMIT ANY HEAVY INDUSTRIAL TRUCKS OR COMMERCIAL TYPE TRUCKS IN THIS ESTABLISHMENT AND ADD LIMITS TWO HOURS OF OPERATIONS FOR THE PERMITTED USE AUTOMOBILE OIL TRUCK FROM 7 AM TO 7 PM CENTRAL STANDARD TIME. I WOULD BE HAPPY TO

ANSWER ANY QUESTIONS. >> WHY DID YOU CHANGE THAT?

>> THE PREVIOUS PD AMENDMENT WAS FOR ORANGE THEORY AND THERE WERE SOME CONCERNS ABOUT BOOT CAMPS THAT WERE OPERATING FOR FITNESS TYPE USES AND THEY WERE OPERATING AT 5 AM. THERE'S A LOT OF BACKLASH AGAINST THAT BECAUSE THERE'S A LOT OF NOISE FROM THAT. THEY MADE AN AMENDMENT TO THE CHIEF FOR THAT SPECIFIC SITE FOR ORANGE THEORY TO ONLY OPERATE FROM 6 AM TO 8 PM. I WILL HAVE TO CHECK THAT AGAIN BUT IS SOMETHING ALONG THOSE LINES. THEN, WE LOOKED AT ALL OF THE OIL CHANGE BUSINESSES WITHIN THE CITY OF ABILENE AND LOOK AT THEIR HOURS OF OPERATIONS. THE MOST, THE HOURS OF OPERATIONS OR MOST OF THEM WERE FROM 7 AM TO 7 PM. WE TRY TO KEEP THAT CONSISTENCY. AND SO, IT WOULD NOT AFFECT THE NEIGHBORING

RESIDENTIAL PROPERTIES. >> DO WE HAVE ANY QUESTIONS FOR NICK? THANK YOU. I WILL OPEN THE PUBLIC HEARING. WOULD ANYONE LIKE TO COME UP AND VISIT WITH US?

>> TELL FILLING HIM AGENT FOR THE PROPERTY OWNER. THE REQUEST IS TO SUPPORT AND OIL CHANGE PLACE. A VERY TYPICAL ONE THAT YOU WOULD SEE IN TOWN IS INTENDED FOR SMALL AUTOMOBILES IS NOT INTENDED TO BE A LARGE TRUCK OIL CHANGE FACILITY OR REPAIR SHOP. WHEN THIS PD WAS PUT INTO PLACE, I

CAN'T REMEMBER THE FIRST TIME. >> 18 YEARS AGO.

>> A LONG TIME AGO. WE WERE REALLY IN A DIFFERENT SETTING.

THE LDC THAT WE HAVE IN PLACE NOW I THINK IT WAS 2008, THERE WERE A LOT MORE PD ZONING HAPPENING WHERE YOU PICKED THE USES THAT YOU WANT. OBVIOUSLY THIS THING HAS BEEN BACK A NUMBER OF TIMES TO AMEND THE USES. IT IS A VERY INTENSE AREA EVERYONE IS VERY FAMILIAR OF CLAW AND SOUTHWEST DRIVE AND ALL THE THINGS GOING ON. WE DO BELIEVE IT TO BE AN APPROPRIATE USE AS IT HAS BEEN ZONED THIS YEAR AS OPPOSED TO 18 YEARS AGO. SO AN OIL CHANGE WOULD HAVE BEEN ALLOWED. I AM CAUGHT

[01:10:02]

OFF GUARD ABOUT THE HOURS. I DIDN'T REALIZE THAT WAS GOING TO BE A CONDITION. I DON'T THINK I AM IN A POSITION TO AGREE WITH THAT ON BEHALF OF MY CLIENT PEERED I'M NOT SURE WHAT THEY INTENDED THE HOURS OF OPERATION TO BE. I EXPECT IT WILL BE STANDARD WHAT WOULD SEE IN AN OIL CHANGE ESTABLISHMENT.

THE FIRST PART OF THAT RESTRICTING IT TO LIGHT SMALL AUTOMOBILE AT THINK THAT IS FINE. HOURS OF OPERATION I'M NOT SURE I CAN GET ON BOARD WITH THAT BUT FOR ALL OF THESE REASONS WE BELIEVE IT TO BE APPROPRIATE AT THIS LOCATION SO

WE WOULD ASK FOR YOUR SUPPORT. >> ANY QUESTIONS?

>> THE PRELIMINARY OR CONCEPTUAL SITE PLAN IS THAT MAKING USE OF THAT ENTIRE LOT OR JUST A PORTION OF IT?

>> I DID NOT DRAW THAT SITE PLAN. THAT CAME FROM THE DEVELOPERS OF THE OIL CHANGE PLACE. I THINK MAYBE THEY JUST PUT SOMETHING TOGETHER FOR THIS ZONING. I HAVE SEEN IT HERE THERE'S LOTS OF THINGS I WOULD CHANGE ABOUT IT. THE FLOODPLAIN IS ON THIS PROPERTY. YOU SAW THAT DEPICTED THERE IN WE ARE TRYING TO SHIFT THE BUILDING OUT OF THAT FLOODPLAIN AND NOT THAT YOU CAN'T DEVELOP IN A FLOOD PLANE YOU HAVE TO BE ONE FOOT ABOVE THE FLOODPLAIN IN THE PROBLEM WE RAN INTO WITH THE OIL CHANGE IS THAT THAT SUBFLOOR THEY HAVE WITH THEIR GUY UNDERNEATH WORKING ON AND CHANGING THE OIL, WE WOULD BE WAY UP IN THE AIR. WE HAD TO ADJUST THE LOT LOCATION RELATIVE TO THAT FLOODPLAIN TO MAKE SURE WE GOT THE BUILDING OUT. I HAVEN'T BEEN ABLE TO WORK WITH THAT SITE PLAN YET BUT I'M HOPING TO WORK WITH IT VERY SOON.

>> ANYTHING ELSE? >> THANK YOU ALL. I APPRECIATE

IT. >> ANYONE ELSE? GENTLEMEN?

>> MY NAME IS DOCTOR JACKSON I AM THE OWNER OF THE RED ARMADILLO WHICH IS THE LAND IMMEDIATELY TO THE NORTH OF THIS PROPERTY JASON TO IT. I PURCHASED MY PROPERTY INTO THOUSAND 11 AND BUILT A CONTEMPORARY MEDICAL FACILITY THERE. IT WAS DOCTOR J EXPRESS CARE. THE MEDICAL PRACTICE WAS SOLD BUT I STILL OWN THE LAND AND THE BUILDING THAT IS THERE AND IT CONTINUES TO OPERATE AS A MEDICAL FACILITY. I AM THE OPPOSER ON THIS DEAL. THERE ARE NO AUTOMOTIVE BUSINESSES LOCATED IN THIS CIRCLE THAT THE PLANNING AND ZONING MAILED ME.

IN MY OPINION A COMMERCIAL BUSINESS WHICH IS REPRESENTED IN THE IMMEDIATE REZONING REQUEST WOULD BE A BETTER USE OF THIS PROPERTY. I AM CONCERNED THAT AN AUTOMOTIVE BUSINESS WOULD ADVERSELY AFFECT MY PROPERTY VALUE AND IT IS A POOR FIT. I AM CONCERNED ABOUT NOISE. IF YOU HAVE A MIGRAINE PATIENT SITTING IN YOUR WAITING ROOM OR URGENT CARE AND THERE IS NOISE NEXT-DOOR THAT IS A PROBLEM OR A MEDICAL PROVIDER TRYING TO THIS INTO SOMEONE'S LUNGS THAT MIGHT HAVE COVID PNEUMONIA, THAT COULD BE AN ISSUE HERE YOU KNOW THAT AUTOMOTIVE REPAIR THERE'S A LOT OF NOISE AND I DON'T KNOW IF THEY WILL BE FAR ENOUGH AWAY FROM THAT ISSUE. ANYWAY I SUBMIT MY OPPOSITION TO THE ZONING REQUEST AND I'M DOING THAT IN PERSON AND I WOULD BE HAPPY TO PUT IT IN WRITING AS

WELL. >> YOU CAN JUST LAY IT RIGHT

THERE. >> THANK YOU. WE APPRECIATE

IT. >> DO YOU ALL HAVE ANY QUESTIONS? THANK YOU VERY MUCH. ANYONE ELSE? I WILL CLOSE THE PUBLIC HEARING. ANY DISCUSSION? I GUESS HE MADE SEVERAL GOOD POINTS IF WE WERE DOING THIS TODAY WE PROBABLY WOULD ZONE IT GENERAL COMMERCIAL AND THIS WOULD PROBABLY BE ALLOWED IN THERE. THE OTHER THING HE BROUGHT UP WAS ABOUT THE HOURS OF OPERATIONS AND WE DIDN'T LIMIT THE HOURS OF OPERATION TO ANYTHING ELSE THAT WE NEEDED TO

DID WE? >> YES, THERE IS TO THE ORANGE THEORY FITNESS DONE IN 2017. LET ME PULL THAT UP FOR YOU.

THAT IS IN YOUR PACKET AS WELL.

>> THAT IS FROM 6:00 TO 8:00 HOOD.

>> 2017 IT WAS FROM LOT 1 LOCK AIPAC EDITION FROM 6 AM TO 11 PM AND FROM 5 AM TO 11 PM. THAT IS FOR THEIR OUTDOOR CAMP THAT THEY MIGHT HAVE OR INDOOR RECREATION FACILITY.

>> THANKS. >> THE QUESTION IS, ARE WE GOOD

[01:15:06]

WITH AUTOMOBILES, SMALL TRUCK AND OIL CHANGE AND ARE WE GOOD FOR THE HOURS? I DON'T KNOW THAT LIMITING THE HOURS IN MY OPINION IS A NEED JUST BY THE NATURE OF THE BUSINESS.

>> AND AS FAR AS THE TRUCK YOU'RE NOT TALKING ABOUT ANYTHING EXCEPT A REGULAR PICKUP TRUCK?

>> YES PEERED WE DON'T HAVE A PERMITTED USE THAT INCLUDES OIL CHANGE. IT IS USUALLY MINOR AUTOMOBILE REPAIR. AND, HE DIDN'T WANT TO CONSIDER THAT PERMITTED USE BECAUSE THAT COULD INCLUDE A BREAK CHANGE AND AIR TOOLS OPERATING AT THOSE HOURS, THIS KEEPS IT A LOT MORE QUIET AND THAT IS WITHIN THE APPLICATION, WE SPECIFICALLY ASKED FOR OIL CHANGE TO KEEP THE CONSISTENCY, JUST ALTER IT SLIGHTLY TO REDUCE THE CHANCE OF COMMERCIAL TYPE VEHICLES BEING OPERATED ON

IT. >> SEVERAL OF THESE OIL CHANGE BUSINESSES ARE INTO ROTATING TIRES. I DON'T KNOW IF THAT IS

PART OF IT OR NOT. >> THEY JUST ASKED FOR OIL

CHANGE. >> THANK YOU.

>> ANY FURTHER DISCUSSION? >> IM INCLINED TO ACCEPT THE FIRST CONDITION. I DON'T KNOW THE SECOND ONE. I DON'T KNOW WHAT THE NEED IS FOR ADDING IT ON THERE AND DON'T KNOW HOW THIS BUSINESS WILL OPERATE OUTSIDE OF THESE HOURS ANYWAY NORMAL. I DON'T THINK WE ARE ASKING THE TOP HOUSE OR THE WORKOUT FACILITY TO CONSTRICT TO THIS TYPE OF AN HOUR THING, IF THEY WANT TO STAY OPEN TO IT:00 TO GET PEOPLE AFTER WORK I DON'T KNOW. I AM AGAINST THE TIME CHANGE BUT I AM FOR THE SLIGHT ALL ADDITION WORDING TO TRY TO LIMIT NOISE, LIMIT THE

OIL CHANGE STUFF. >> ARE YOU SAYING THEY CAN DO

TIRE ROTATION? >> NUMBER I JUST KNOW THAT SOME DO THAT I DON'T KNOW IF THIS PARTICULAR ONE WOULD DO THAT.

>> WOULD YOU SAY THE LANGUAGE ALLOWING?

>> I DON'T KNOW WHAT THE LINK WHICH WOULD ALLOW DON'T KNOW IF IT IS SPECIFIC TO OIL CHANGE. IT DOES NOT SPECIFICALLY

MENTION SMALL VEHICLE REPAIR. >> CAN WE VERIFY THE APPLICATION? AMEND THE PD TO ADD OIL CHANGE AS JESUS

SPECIFICALLY TO THE LOCATION. >> WHAT DOES THAT RESTRICT? ARE THEY ONLY ALLOWED TO DO OIL CHANGES IN THE CAN'T REPLACE WIPER BLADES OR DO TIRE ROTATIONS? WHAT IS THE LIMIT?

>> I WOULD LIKE THE LANGUAGE FOR THE OIL CHANGE AND SERVICES OR SOMETHING BECAUSE YOU ARE RIGHT. JUST GOT MY OIL CHANGED AND THEY WANTED TO CHANGE MY FILTERS AND DO OTHER THINGS BUT I DON'T WANT US TO OVER LIMIT A BUSINESS. CAN WE ASK THE

REPRESENTATIVE? >> SHOULD BE ASKING BACK?

>> YES. >> I WILL REOPEN THE PUBLIC

HEARING. >> IS MY UNDERSTANDING THAT THIS WILL BE YOUR TYPICAL OIL CHANGE PLACE. THEY WILL WANT TO REPLACE FILTERS, MAYBE TIRES BUT I'M UNSURE THAT THEY WILL HAVE A LIFT TO DO THAT. I APOLOGIZE BUT I AM NOT CERTAIN.

OUR INTENT WITH THE REQUEST WAS PTO ALLOW WHAT IS TYPICALLY ALLOWED IN AN OIL CHANGE PLACE. THAT WAS OUR INTENT. I DON'T KNOW HOW, THIS PD IS GETTING OFF CASE BUT I DON'T KNOW HOW TO STOP REQUESTING WHAT WILL BE IN THERE BUT AGAIN, OUR INTENT WAS WHAT IS TYPICALLY ALLOWED IN AN OIL CHANGE PLACE PEERED THE IS NOT A MECHANIC SHOP OR THIS IS SOMEONE PULLING IN AND 10 MINUTES LATER PULLING OUT. DOES THAT HELP?

>> THANK YOU ALL. >> THANK YOU.

>> WE HAVE THE PUBLIC HEARING OPEN YOU'VE HEARD THE DISCUSSION. DO YOU HAVE, I'M SORRY, I DID NOT GET YOUR NAME

SIR. >> DOCTOR J.

>> YOU HAVE HEARD OUR DISCUSSION WOULD YOU LIKE TO

HAVE ANY FURTHER INPUT? >> I THINK THE OIL CHANGE IS AN ISSUE BECAUSE IT IS HEAVY EQUIPMENT AND THEY LEAVE THE GARAGE DOORS UP AND IT'S GOING TO BE AN ISSUE WITH THE MEDICAL PRACTICE. IF NOT DOING THE HEAVY EQUIPMENT AND THERE'S NOT A LOT OF NOISE AND I'M OKAY WITH IT HERE.

>> I WILL CLOSE THE PUBLIC HEARING ANY FURTHER DISCUSSION OR A MOTION? NOW I AM QUESTIONING THE FIRST ONE. YOU

[01:20:06]

KNOW? >> WHAT IS THE DEFINITION OF AN

OIL CHANGE? >> YEAH, WHAT DO DRAW THE LINE IN TO WHAT IS INCLUDED IN AN OIL CHANGE YOU DRAW THE LINE AND WHAT IS INCLUDED AT A TYPICAL OIL PLACE. THAT IS

DIFFICULT TO DEFINE. >> I DON'T KNOW IF THEY WILL

CHANGE THE TIRES. >> THEY ADD SERVICES LIKE THAT ALL THE TIME. WHAT COMES STANDARD AT AN OIL CHANGE

PLACE? >> THAT IS WHAT YOU WOULD

TYPICALLY PAY HERE. >> I WOULD THINK THEY WOULD BE

DOING ANY VEHICLE MAINTENANCE. >> I DON'T WANT TO GET INTO PUTTING IN BULLET POINTS LIKE YOU CAN'T DO THIS AND YOU CAN'T DO THIS. THAT STARTS TO GET TEDIOUS AND THEN IT NEVER

STOPS. >> SHOULD WE SAY ONLY AUTOMOBILE SMALL TRUCK OIL CHANGE AND SUPPORTING SERVICES? SAY THAT AND LET THE NEIGHBORS TELL US IF THEY'VE GONE TOO FAR OR LIKE THEY DID WITH THE BOOT CAMP. THEY SAID IT'S OPEN EARLY IN THAT KIND OF THING. TIMMY THAT WOULD ENCAPSULATE THEIR ABILITY TO RUN THE BUSINESS THEY PLANNED BUT ALSO KEEP IT WHERE THEY WERE TRYING TO KEEP IT SO IT'S NOT TOO DISTURBING FOR THE NEIGHBORS. DOES OUR CITY ATTORNEY HAVE ANY

RECOMMENDATION? >> THAT IS MY THOUGHT. I THINK STAFF WOULD INTERPRET IT TO ENCOMPASS THOSE THINGS THAT NORMALLY GO ALONG WITH AN OIL CHANGE FACILITY UNLESS YOU ARE WANTING TO RESTRICT IT AND IT SOUNDS LIKE YOU ARE NOT WANTING TO RESTRICT IT SO TO ME, THAT LANGUAGE IS CLEAR.

>> SUPPORTED SERVICES COULD ADD THAT. IF YOU COULD JUST SAY

OIL CHANGE? >> I DON'T KNOW IF IT IS NEEDED OR NOT NEEDED. I DON'T KNOW IF THAT IS NEEDED BUT IT IS UP TO

YOU IF YOU WANT TO EDIT. >> WE CAN ADD IT OR NOT.

>> DO YOU FEEL COMFORTABLE? > I WILL MAKE A MOTION TO APPROVE WITH CONDITION OF ADDING LANGUAGE TO THE PD FOR THE ONLY AUTOMOBIE / SMALL TRUCK OIL CHANGE AND SERVICES.

NO CONDITION RELATED TO TIRE AND THAT IS MY MOTION.

>> I WILL SECOND THAT. >> A MOTION AND A SECOND.

>> COMMISSIONER MITCH BARNETT, COMMISSIONER BRAD BENHAM, COMMISSIONER BILL NOONAN, REVEREND IZIAR LANKFORD, AND COMMISSIONER CLINT ROSENBAUM? THAT

* This transcript was compiled from uncorrected Closed Captioning.