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[CALL TO ORDER]

[00:00:05]

>> IT IS 1:30 AND OF A QUORUM. I'M SURE SHANTAY WILL BE ALONG

IN A MINUTE. REVEREND? >> LET US PRAY. ALMIGHTY GOD, CREATOR OF HEAVEN AND EARTH WE COME AT THIS TIME FIRST TO SAY THANK YOU FOR ALL THE THINGS YOU'VE DONE FOR US. AND GOD, WE THANK YOU FOR THIS DAY. WE THANK YOU FOR ALLOWING US TO COME TOGETHER AND WE PRAY, GOD, THAT YOU ALLOW YOUR HOLY SPIRIT DWELL WITH US SO WE CAN DO THE THINGS PLEASING IN OUR SIGHT.

WE ASK YOU TO BLESS OUR NATION, OUR STATE, OUR CITY, AND BLESS ALL OF THE ELECTED OFFICIALS AND APPOINTED OFFICIALS. AND GOD, WE PRAY THAT YOU WILL TOUCH THOSE THAT HAVE HEALTH ISSUES.

YOU KNOW WHO THEY ARE AND YOU KNOW WHERE THEY ARE. SO MOVE ON AS YOU CAN. AND WE ASK YOU TO CONTINUE TO BLESS THIS CITY, THESE BLESSINGS AND ALL OTHERS, WE ASK IN YOUR SWEET SON JESUS'

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

[MINUTES]

OF THE CHAIR. FIRST ITEM IS MINUTES FROM OUR MARCH MEETING.

HAS EVERYBODY HAD AN OPPORTUNITY TO REVIEW THOSE? ANY CORRECTIONS OR CHANGES OR ADDITIONS THAT YOU WOULD LIKE TO MAKE? I WILL OPEN A PUBLIC HEARING. IS THERE ANYBODY OUT THERE THAT WOULD LIKE TO COME UP AND ADDRESS OUR MINUTES FROM THE PREVIOUS MEETING? SEEING NO ONE, I WILL CLOSE THAT AND WE

CAN ENTERTAIN A MOTION. >> I MOTION TO APPROVE.

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

FAVOR? >> AYE.

[PLATS]

>> NEXT ITEM ON THE AGENDA IS PLATS. CLARISSA? YOU GOING TO

DO THOSE FOR US? >> GOOD AFTERNOON. MY NAME IS WHICH RACE AN IVY WITH THE PLANNING DEPARTMENT, CITY OF ABILENE. TODAY I'M GOING TO BE PRESENTING YOUR PLATS. I HAVE FINAL PLAT 0422, WATER CREST AT CEDAR CREEK, SECTION ONE. STAFF HAS REVIEWED THIS PLAT AND FOUND IT CONSISTENT WITH CHAPTER 3 ARTICLE TWO OF THE LAND DEVELOPMENT CODE. STAFF RECOMMENDS APPROVAL WITH CONDITIONS THAT CITY STAFF MUST BE FURNISHED WITH A TITLE OPINION OR TITLE COMMITMENT LETTER ISSUED BY THE TITLE INSURANCE COMPANY CONFIRMING OWNERSHIP OF THE PROPERTIES AND ALSO THAT ALL PUBLIC IMPROVEMENTS MUST BE COMPLETED IN ACCORDANCE WITH APPROVED PLANS AND INSPECTED FOR ACCEPTANCE OR THE PUBLIC WORKS DEPARTMENT MUST BE FURNISHED WITH A FINANCIAL GUARANTEE IN ORDER TO SECURE THE OBLIGATIONS OF THE PUBLIC IMPROVEMENTS. AND STAFF RECOMMENDS APPROVAL. ALSO, WE HAVE WATER SIDE AT SEEDER CREST. THAT WAS JEST ONE. AND SECTION 2. THEY BOTH WERE REVIEWED AND THEY'RE INCONSISTNET WITH CHAPTER 3, ARTICLE TWO OF THE LAND DEVELOPMENT CODE. FOR THIS ONE, STAFF RECOMMENDS APPROVAL WITH THE SAME CONDITIONS THAT THE CITY AND STAFF MUST BE FURNISHED WITH THE TITLE OPINION OR TITLE COMMITMENT AND THAT ALL THE PUBLIC IMPROVEMENTS MUST BE COMPLETED IN ACCORDANCE WITH APPROVED PLANS AND AND INSPECTED FOR ACCEPTANCE IN THE PUBLIC WORKS DEPARTMENT. MUST BE FURNISHED OR THE PUBLIC WORKS DEPARTMENT MUST BE FURNISHED WITH A FINANCIAL GUARANTEE IN ORDER TO SECURE THE OBLIGATIONS OF ALL THE PUBLIC IMPROVEMENTS PRIOR TO RECORDING. I'D BE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

>> ANYBODY HAVE ANY QUESTIONS FOR CLARISSA? THANK YOU.

I WOULD OPEN THE PUBLIC HEARING ANYONE OUT THERE LIKE TO COME UP AND ADDRESS THESE TWO PLATS? SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING. WE CAN HAVE SOME FURTHER DISCUSSION OR A

MOTION. >> MOTION TO APPROVE.

>> MOVE TO APPROVE. >> IS THAT WITH CONDITIONS?

>> WITH CONDITIONS. >> WHAT SHE STATED.

>> I SECOND. >> AND A SECOND.

>> WE HAVE A MOTION TO APPROVE WITH CONDITIONS. MR. BARNETT?

MR. BEYE NUMB? >> YES.

>> IS MS. RUSS UNTIL AND YES. >> MEDICAL I BURTON?

>> YES,. >> LANGFORD?

>> YES,. >> FLEMING?

>> YES,. >> ROSENBAUM?

[ZONING]

>> YES. >> THE MOTION CARRIES. NEXT IS

[00:05:04]

ZONING CASE Z2023-09, ZONING CHANGE, APPROXIMATELY 826 ACRES OF LAND FROM AGRICULTURE TO OPEN SPACE TO PLAN DEVELOPMENT PD181

AT 502 FUNCTION ROAD. RANDY? >> GOOD TO SEE YOU ALL HERE FOR THE FIRST SPRING MEETING. GOING ON WITH THE TOPIC AT HAND, THE APPLICANT IS REQUESTING THE REZONING OF 826 ACRES OF THIS SUBDIVISION. THE PROPERTY WAS ANNEXED TO THE CITY TWO YEARS AGO AS PART OF THIS ANNEXATION PROCESS, IT WAS AUTOMATICALLY ZONED AS AO, AGRICULTURE OPEN. THEY'RE NOW ASKING YOU TO CONSIDER THE PERMANENT ZONING OF THE PROPERTY TO A PLANNED DEVELOPMENT DISTRICT. TO GET YOUR BEARINGS WHERE THIS PROPERTY IS, IT IS LOCATED WEST OF HIGHWAY 277, NORTH OF INTERSTATE 20 IN THE NORTHWEST QUADRANT OF THAT PART OF THE COMMUNITY OF THE AREA IS LARGELY RURAL, UNDEVELOPED, A LOT OF RANCHING AND OPEN SPACE, THINGS OF THAT NATURE, AND LARGE FARMSTEADS AND HOMESTEADS IN THAT AREA, TOO. THIS IS AN AERIAL MAP THAT SHOWS THE COMPOSITION OF THE SUBJECT PROPERTY. SOME OF YOU MAY ASK, WHAT ARE THOSE LITTLE SLIVERS BETWEEN SOME OF THE PARCELS? THAT'S ACTUALLY PROPERTY THAT IS OPENED A AEP. IT'S NOT AN EASTMENTS. IT IS ACTUALLY THE OWNERSHIP THAT THEY HAVE, BUT IT IS PART OF THE LAND THAT IS BEING CONSIDERED FOR THIS REQUEST AS PART OF THE PD.

AND THIS IS OBVIOUS ZONING MAP. EVERYTHING IS GREEN, DENOTING THAT IT'S AGRICULTURAL ZONING. THIS IS ALL THE AREA SURROUNDING IT THAT'S WITHIN THE CITY LIMITS. JUST TO THE NORTH OF THIS PROPERTY, YOU GET INTO THE ETJ OF THE CITY. SO IT'S RIGHT ON THE EDGE OF THE CITY LIMITS AND THE ETJ.

THIS IS THE CONCEPT PLAN THAT THEY'VE PUT FORWARD. WE ASKED THEM TO BREAK THE PROPERTY UP INTO LOTS, EVEN THOUGH THIS IS NOT GOING TO BE A SUBDIVISION TYPE OF SITUATION. WE ASKED THEM TO BREAK IT INTO LOTS FOR EASE IN DISCUSSING THIS APPLICATION AND DENOTING WHERE USES ARE GOING TO BE LOCATED IF THIS REQUEST IS APPROVED. THE BLACK -- THE LIGHT SHADING AND DARK GRAY IS THE -- IS LOT ONE, WHICH IS DENOTED PD AS HEAVY INDUSTRIAL. THE OTHER FOUR LOTS ARE LIGHT INDUSTRIAL. THAT IS YOUR SIMPLE CONCEPT PLAN IF ED IS APPROVED. THAT WOULD GO WITH THE ORDINANCE THAT GOES FORWARD FOR CITY COUNCIL ADOPTION.

THE BASE ZONING OF THIS ENTIRE AREA INCLUDED IN THE HI WILL BE LIGHT INDUSTRIAL. THE STANDARDS FOR THE ENTIRE PROPERTY WILL ALSO BE LIGHT INDUSTRY AND THERE WILL ALSO BE A 2100-FOOT BUFFER AROUND THE PERIMETER OF ALL THE PROPERTIES THAT DO NOT ABUT OTHER PROPERTIES THAT ARE OWNED BY LAND [INAUDIBLE] SO WHAT THAT MEANS, IF YOU LOOK ON THE OVERHEAD, THE AREA THAT'S IN THE KIND OF TEAL COLORED AREA WITH THE CROSSHATCHING, THAT IS THE 200-FOOT BUFFER THAT RUNS THE PROPERTY WHERE THERE IS AN OPEN GAP ON THE EAST SIDE AND ON THE NORTHWEST SIDE. THOSE PROPERTIES ARE OWNED BY THE APPLICANT. SO THERE'S NO BUFFER PROPOSED AT THAT LOCATION. VOTE ONE AGAIN IS HEAVY INDUSTRIAL. THE USES THAT CAN GO ON THIS PROPERTY ARE ALL LIGHT INDUSTRIAL USES, AND THE FOLLOWING SPECIFIC HI USES. THE FIRST ONE IS GREEN HYDROGEN PRODUCTION, GREEN AMMONIUM PRODUCTION, INDIRECT HEIR CAPTURE OR CARBON DIOXIDE. THE POINT TO MAKE ABOUT WHAT GREEN HYDROGEN AND GREEN AMMONIA ARE, IF YOU GO TO HOUSTON SHIP CHANNEL WHERE YOU SEE HYDROGEN AND AMMONIA PRODUCED, THOSE PRODUCTION PLANTS ARE BASED LARGELY ON FOSSIL FUELS BEING THE FUEL THAT GENERATES THE POWER THAT CREATES THE ENERGY, THE FUEL, AND THE PRODUCTION PROCESS. IN THIS CASE, THOSE OPERATIONS ARE CALLED BLUE, BLUE HYDROGEN. IN THIS CASE, THIS IS GREEN HYDROGEN, AND IT WILL BE PRODUCED BY GREEN TYPE PROCESSES, WHETHER IT'S BY WATER , WIND, OR SOLAR PANEL ENERGY. SO THAT'S THE DISTINCTION BETWEEN HOW THE HYDROGEN AND THE AMMONIA,

[00:10:02]

WHETHER THROUGH GREEN. ON LOTS TWO AND FIVE, THEY WILL BE EXCLUSIVELY LIGHT INDUSTRIAL LOTS, SO ANY LIUS CAN BE PERMITTED ON THAT PROPERTY. THEY WANTED US TO CALL OUT THESE SPECIFIC USES, SO THERE WOULD BE NO QUESTION THAT THEY'RE PERMITTED ON THIS PROPERTY. I'LL JUST RUN DOWN THE LIST.

DATA CENTER FOR HIGH PERFORMANCE COMPUTING; DATA STORAGE FOR BITCOIN MINING; COLD STORAGE OPERATION AND MAINTENANCE FACILITIES; ELECTRIC VEHICLE CHARGING STATION; SOLAR PANELS FOR GREEN ENERGY PRODUCTION; CORPORATE PARK WHERE YOU COULD HAVE A FLECK SPACE LIKE LIGHT INDUSTRIAL OFFICE AND COMMERCIAL IF THAT WAS SO DESIRED; LIGHT MANUFACTURING AND WAREHOUSING; CORPORATE HEADQUARTERS, ELECTRIC SUBSTATION, AND LI USES ASSOCIATED WITH THAT DISTRICT, WHICH WE'RE SHOWING YOU HERE IN THIS OVERHEAD. OUR USUAL LIST OF LI USES.

THE PROPERTY IS LARGELY UNDEVELOPED, SURROUNDING PROPERTIES ARE LARGELY UNDEVELOPED, AS YOU CAN SEE FROM THESE PHOTOS. WE MAILED OUT NOTICES TO ALL OF THE PROPERTIES THAT ARE LOCATED WITHIN THE NOTICE AREA AS DENOTED BY THAT OUTER LINE THAT SURROUNDS PD181 WE HAD THREE LETTERS STATING THAT THEY WERE OPPOSED TO TO THE REQUEST. THE GENERAL CONSENSUS OF THE THREE WAS THAT THE MAIN ISSUES WERE ONE, THEY WERE CONCERNED ABOUT THE NOISE FROM THE CRYPTOCURRENCY. TWO, THEY WERE CONCERNED ABOUT THE STEAL FROMMIZATION IN AN AREA THAT RIGHT NOW IS LARGELY UNDEVELOPED AND RURAL IN NATURE. AND A THIRD WAS THEY HAD CONCERNS ABOUT THE WILDLIFE, WHETHER THE NOISE, THE INTENSITY OF USE WOULD HAVE BEEN EFFECT ON THE WILDLIFE IN THE AREA. WE DIDN'T COMPUTE THE AMOUNT OF OPPOSITION, BUT FROM LOOKING AT THIS MAP AND THE SMALL PIECES THAT RELATIVELY TOUCH ON THIS PROPERTY, I WOULD SAY IT'S LESS THAN 5% FOR SURE. PROBABLY LOWER THAN THAT. WE'LL HAVE THAT NUMBER FOR CITY COUNCIL WHEN IT GOES FORWARD TO THEM, FOR THEIR CONSIDERATION. THE STAFF IS RECOMMENDING APPROVAL AFTER WE FOUND THE REQUEST B CONSISTENT WITH THE PROPOSED COMPREHENSIVE PLAN AND THE PROPOSED FUTURE LAND USE MAP AND THE EXISTING COMP PLAN, THIS PROPERTY IS NOT INCLUDED ON THAT PLAN. SO WE DIDN'T HAVE ANY BASIS FOR USING THE EXISTING PLAN, SO WE REFERENCED THE PROPOSED PLAN.

IT IS ALSO CONSISTENT AND GENERALLY ACCEPTING PLANNING PRINCIPLES IN THE CRITERIA FOR APPROVAL AND IN THE LAND DEVELOPMENT CODE. THE STAFF RECOMMENDATION IS CONDITIONED ON SIX CONDITIONS. BASICALLY, I'VE ALREADY SPOKEN THROUGH THESE.

NUMBER ONE IS IT WOULD BE CONDITIONED UPON THE CONCEPT PLAN THAT I PRESENTED A MINUTE AGO. SECOND IS THAT THE BASE ZONING WOULD BE LIGHT INDUSTRIAL, LOCATED IN ANY LOCATION IN THE PED WITH THE EXCEPTION OF THE 200-FOOT BUFFER. SO THE BUFFER IS GOING TO STAY PRISTINE AS OPEN SPACE, NOT TO BE DEVELOPED FOR ANY PURPOSE, OTHER THAN FOR OPEN SPACE AND BUFFERING OF THE ADJOINING PROPERTIES. I'VE RECITED THE SAME USES THAT WE WENT THROUGH A MINUTE AGO. AND SAME THING FOR CONDITION NUMBER 3 WITH THE HI USES BEING THE THREE AS SPECIFIED BEFORE, ALSO. PED181, THE ENTIRETY OF IT WILL BE SUBJECTED TO ALL THE LIGHT INDUSTRIAL REQUIREMENTS OF THAT DISTRICT. THE 200-FOOT BUFFER WILL, AGAIN, BE MAINTAINED AS OPEN SPACE WITH ALL EXISTING VEGETATION MAINTAINED. AND THE LAST ONE IS I'VE INCLUDED AN OPTION WHERE IE DISTANCE PARK, IT'S TYPICAL IN THOSE TYPE OF SITUATIONS WHERE YOU SEE A LOT OF UNIQUE SIGNAGE, A LOT OF DIRECTIONAL SIGNS THAT TELL PEOPLE WHERE TO GO TO FIND THIS USE OR THAT USE. WE'VE GIVEN THEM THE OPTION WHERE IF THEY WANT TO, THEY CAN RETURN IN A SIGN PROGRAM FOR PLANNING AND ZONING COMMISSION APPROVAL AND CONSIDERATION WHERE THEY WOULD COME IN WITH THEIR SIGNAGE, AND YOU COULD APPROVE THE WHOLE THING OR KIND OF GO WITH THE FLOW AS THIS BUSINESS PARK NEEDS TO DEVELOP. THAT WOULD BE ONE ASPECT OF THE PED THAT GIVES THEM SOME FLEXIBILITY TO DO WHAT THEY NEED TO DIRECT TRAFFIC AND MOTORISTS AND TRUCKS THROUGH THE PROPERTY WITHOUT HAVING TO BE CONFINED WITH THE STRICT INTERPRETATION OF THE SIGN REGULATIONS. IF THEY DON'T TAKE THAT OPTION, THEN THE ALLY REGULATIONS OF THE SIGN ORDINANCE WOULD BE WHAT WOULD BE GOVERNING FOR SIGNAGE.

SO THOSE WERE THE STAFF RECOMMENDATIONS AND CONDITIONS.

I'D BE HAPPY TO ANSWER ANY QUESTIONS NOW OR AFTER YOU

CONDUCTED YOUR PUBLIC HEARING. >> SO IS THE 200-FOOT ZONE, WOULD THAT -- I THINK LIGHT INDUSTRIAL HAS SOME KIND OF

[00:15:03]

BUFFER BETWEEN THEM AND WHAT I WOULD CONSIDER -- IT'S NOT RESIDENTIAL, BUT IT'S AGRICULTURAL OPEN. SO WOULD THAT BE CONSIDERED PART OF THAT BUFFER OR IS THERE ANY CONSIDERATION FOR THAT? OR IS THERE A NEED FOR THAT?

>> I DON'T THINK THERE'S A NEED FOR THAT, BECAUSE THEY HAVE GONE THE EXTRA-MILE. I MEAN, THE BUFFER IN THE TYPICAL ALLIED SITUATION OR EVEN HEAVY INDUSTRIAL IS A LOT LESS THAN 200 FEET. BECAUSE THEY'VE DONE THIS -- BECAUSE THEY HAD THIS BUFFER AROUND, I DON'T THINK WILLED CHOOSE TO I'M IMPOSE AN ADDITIONAL BUFFER ON TOP OF THE 200.

>> OKAY. AND YOU SAID THAT THE AREAS WHERE YOU DON'T SEE THE BUFFER ON THIS CHART THAT YOU HAVE UP, THAT THEY OWN THOSE PROPERTIES ON EITHER SIDE OF THOSE?

>> YES, SIR. THEY ACTUALLY OWN SEVERAL PROPERTIES THAT ARE NOT PICTURED THAT GO UP TOWARD THE NORTHWEST OF THIS PROPERTY, IN THAT DIRECTION. THAT'S FOR POTENTIAL FUTURE DEVELOPMENT OF

THIS PARK. >> OKAY.

>> THOSE PROPERTIES ARE NOT -- ANY PROPERTY YOU SEE THAT IS THEIRS THAT'S NOT SHOWN IS NOT IN THE CITY. IT HAS NOT BEEN ANNEXED. THEY WOULD HAVE TO ANNEX THOSE PROPERTIES AND REZONE THEM AND GO THROUGH THE EXACT SAME PROCESS WE'RE GOING THROUGH HERE TO INCORPORATE THOSE PROPERTIES AS PART OF THE

DIFFERENT PD. >> SO IF THEY WERE TO SELL OFF THAT PIECE OF PROPERTY, I GUESS I'M WONDERING WHY THE BUFFER IS NOT THERE ANYWAY, BECAUSE IF THEY WERE TO SELL OFF THAT PIECE OF PROPERTY, TO ME YOU NEED THE BUFFER THERE. SO WHY WOULDN'T THERE BE A BUFFER ON THESE PROPERTIES, EVEN THOUGH THEY DON'T OWN THEM? I MEAN, THEY OWN THEM, BUT THEY HAD THE

POTENTIAL TO NOT OWN THEM. >> YOU COULD ADD A 7TH CONDITION. SAY SOMETHING TO THE EFFECT OF BUFFER SHOULD NOT BE PROVIDED ON ADJACENT PROPERTIES THAT ARE NOT OPENED -- I MEAN, TRYING TO FIGURE OUT HOW TO WORD THAT. AS LONG AS THE APPLICANT OWNS ADJOINING --

>> I GUESS THERE'S A 200-FOOT BUFFER AROUND EVERYTHING IN IT THE PD. I MEAN, YOU HAVE A 210D EVERYTHING THAT'S INCLUDED IN

THIS PD. >> I UNDERSTAND WHAT YOU'RE SAYING. THAT IS A WHAT IF. WE CHOSE NOT TO PUT A CONDITION ON THAT. I MEAN, THERE'S A WHOLE LOT OF THINGS THAT COULD HAPPEN IN THE FUTURE. THEY COULD ONE DAY SUBDIVIDE THIS PROPERTY INTO MULTIPLE OWNERS. RIGHT NOW THEY'RE NOT PROPOSING TO DO THAT. THEY'RE NOT PROPOSING TO DO ANYTHING ON THE ADJOINING PROPERTIES AS OF NOW, BUT THEY DO OWN THOSE PROPERTIES. WE'RE COMFORTABLE WITH THE BUFFERING SHOWN AS BEING APPROPRIATE FOR WHAT WE DO KNOW AND THEIR FULL EXTENT OF GOING FORWARD WITH

THIS PROJECT. >> WOULD IT BE APPROPRIATE TO ADD A CONDITION THAT IF THEY WERE TO SELL THE PROPERTY, THEY NEED TO COME IN AND ASK FOR AN ADJUSTMENT TO ADD A BUFFER IS TO THE PLACES THEY'RE SELLING SO THAT WAY THEY KEEP THE FLEXIBILITY SINCE THEY OWN THOSE PROPERTIES IF IT DEVELOPS THE

WAY THEY WANT IT TO DEVELOP? >> THAT'S WHAT I WAS TRYING TO REACH FOR A MINUTE AGO. AS LONG AS THEY OWN THE ADJOINING PROPERTIES THAT ARE NOT SHOWN TO BE IN A BUFFER YARD, THE BUFFER SHOULD NOT BE REQUIRED. BUT IF THEY DON'T --

>> IF THEY WERE TO SELL IT, THEY WOULD NEED TO COME BACK IN AND

ASK FOR AN ADJUSTMENT? >> YEAH. I MEAN, THAT MIGHT ACTUALLY BE A MINOR PD AMENDMENT THAT MIGHT NOT COME BACK BEFORE THIS COMMISSION SINCE IT'S ADDING BUFFER SPACE.

>> EXTRA BUFFER. >> THAT WOULD BE SOMETHING WE WOULD BE VERY HAPPY TO APPROVE ON THE STAFF LEVEL.

>> CONSIDERING AEP OWNS SOME OF THE LAND WITHIN THIS PD, ARE THEY FINE WITH THIS ZONING CHANGE? HAVE THEY BEEN SUPPORTIVE? HAVE THEY BEEN COMMUNICATED WITH?

>> THEY HAVE WORKED EXTENSIVELY WITH THE APPLICANT ON THE SUBSTATION ESPECIALLY AND I THINK THEY'RE IN CONCERT TOGETHER WITH THE PROJECT AS IT'S PROPOSED TO GO FORWARD.

>> GREAT. >> BUT I HAVEN'T SEEN ANYTHING IN ANY OF OUR DOCUMENTATION THAT SAYS AEP OKAY WITH CHANGING

THEIR PROPERTY ZONING. >> YEAH.

>> AND SO THAT'S WHERE BRAD IS HEADED. I HAVEN'T SEEN ANYTHING IN ANYTHING THAT SAYS AEP AGREES TO CHANGE THE ZONING ON THEIR

PIECES OF PROPERTY IN THIS. >> DO YOU HAVE ANYTHING TO THAT

EFFECT? >> I'LL OPEN THE PUBLIC HEARING

AND WE CAN ADDRESS THAT. >> I HAVEN'T SEEN THAT EITHER, BUT EVERYBODY HAS GONE FORWARD WITH THE ASSUMPTION THAT IT WOULD LOOK KIND OF AWKWARD FOR THERE TO BE LITTLE STRIPS OF LAND IN THE INTERIOR THAT ARE ZONED AO. IF THEY'RE NOT PARTY,

THAT WOULD BE THE RESULT. >> I UNDERSTAND. NORMALLY WE DON'T CHANGE ZONING ON THE PROPERTY UNLESS WE HAVE A PERMIT FROM THE OWNER OR THE OWNER IS MAKING THE REQUEST.

>> YEAH. I'LL LET THEM ADDRESS THIS POINT.

>> OKAY. >> AND IT MAY BE AS EASY AS IF IT WAS TO GO TO COUNCIL, SINCE AEM WOULD HAVE BEEN -- AEP WOULD HAVE BEEN IN THE NOTICE DISTRICT, LITERALLY HAVING THEM VOICE THEIR APPROVAL AND SUBMIT A LETTER. BUT JUST SO THAT THERE'S SOME RECORD THAT THEY'RE AVAILABLE TO IT.

>> BUT THE THAT ON RECORD FOR SURE IF THE CASE FILE.

>> OKAY. THANK YOU. >> SURE.

[00:20:01]

>> ANY OTHER QUESTIONS FOR RANDY? I'M WONDERING, YOU KNOW, I THINK THE HEAVY INDUSTRIAL IS PROBABLY THE MOST -- THE ONE THAT HAS THE MOST QUESTION AROUND IT. ANY TIME YOU HELPINGS HYDROGEN AND AMMONIA TOGETHER IN THE SAME SENTENCE, THERE IS A LITTLE BIT OF AN EYEBROW RAISE. WOULD IT BE APPROPRIATE FOR US TO REQUIRE THEM TO SUBMIT FILE SITE PLAN FOR APPROVAL BEFORE WE -- BEFORE GOING THROUGH?

>> THAT IS ONE OPTION YOU HAVE. WE HAVEN'T BEEN GOING THAT IN THE PAST, IN THE RECENTER PAST, BUT GIVEN THE UNIQUENESS OF THIS DEVELOPMENT AND THE USES WITHIN THAT HI AREA, THAT WOULD CERTAINLY BE IN YOUR PREROGATIVE TO DO THAT. YOU COULD MAKE THAT AS PLANNIN COMMISSION APPROVAL ON THE SITE PLAN WITH AN PEEL, IF NECESSARY, TO THE CITY COUNCIL, OR YOU COULD REQUIRE YOU AND CITY COUNCIL BOTH APPROVE IT. YOU HAVE THAT

PREROGATIVE TO GO EITHER WAY. >> I MAY SET MY MIND COMPLETELY AT EASE HERE TODAY, BUT I THINK I'D LIKE TO SEE US HAVE ANOTHER LOOK AT THIS, SO WE KNOW EXACTLY WHAT'S GOING TO BE THERE.

>> I THINK THEY'RE GOING TO MAKE A PRESENTATION. WE'LL HOLD A PUBLIC HEARING IN A SECOND AND THEY CAN MAKE A PRESENTATION. I THINK THAT'S GOING TO ANSWER YOUR QUESTIONS. OKAY. ANYBODY

ELSE? RANDY? THANKS. >> THANK YOU.

>> I WILL OPEN THE PUBLIC HEARING. YOU GUYS WANT TO --

>> HI. I'M ANDY SHONER WITH LANCIUM. I THINK WHAT WE THOUGHT IS WE COULD GET CONTEXT ABOUT LANCIUM AND REALLY THE IDEA BEHIND THE CAMPUS IS BUILDING AN AREA FOR CUSTOMERS WHO ARE VERY ENERGY INTENSIVE USES WHO ARE LOOKING FOR RENEWABLE POWERFUL INITIALLY THAT STARTED MORE ON THE DATA CENTER, BITCOIN MINING SIDE. AND WE'VE SEEN SEEN A LOT MORE INTEREST FROM OTHER APPLICATIONS, PARTICULARLY THE GREEN HYDROGEN THAT YOU MENTIONED.

AND YOU KNOW, TO MENTION THAT I KNOW THERE IS A COMMENT ABOUT THE SHIP CHANNEL. THIS IS VERY DIFFERENT THAN WHAT THAT IS.

THIS IS USING ELECTROLYSIS: SO YOU KNOW, IN OUR R AND D FACILITY IN HOUSTON, WE HAVE HYDROGEN ELECTROLASER, I THINK OF IT LIKE A SERVER CABINET. THERE'S THREE SERVERS RIGHT NEXT TO IT. TO BE HONEST, WHEN I'M STANDING NEXT TO IT, I DON'T KNOW IF IT'S ON OR OFF. BASICALLY, IT TAKES WATER AND KIND OF ZAPS IT WITH ELECTRICITY, SEPARATES THE HYDROGEN AND WATER. SO THAT'S KIND OF HOW THAT PROCESS WORKS.

AND OBVIOUSLY, YOU KNOW, I THINK ANY OF THESE AS WE DEVELOP THIS SITE, YOU KNOW, BEING A GOOD NEIGHBOR AND KIND OF WORKING WITH THE LOCAL COMMUNITY AND RESIDENTS AROUND US IS REALLY IMPORTANT. SO WE'RE HAPPY TO, YOU KNOW, KIND OF HOLD OPEN HOUSES. ANY SORT OF OUTREACH WE NEED TO DO AROUND THOSE ISSUES

AND STUFF. >> SO WHAT I HEAR YOU SAYING, AND KEVIN, I KIND OF HAD THE SAME IDEA IN MIND, IT'S NOT -- YOU'RE NOT GOING TO SEE YOUR BIG REFINERY OUT THERE MAKING HYDROGEN AND MAKING CO2 IN A DIFFERENT PROCESS?

>> IT'S A DIFFERENT PROCESS USING ELECTROLYSIS.

>> IS IT'S MORE OF AFTERNOON -- TWO WILL BE ENCLOSED IN THE

BUILDING? >> IT IS. CURRENTLY IN OUR R&D FACILITY, IT IS INSIDE THE WAREHOUSE, AND THESE GUYS CAN SPEAK TO MORE. IT WOULD BE KIND OF PUTTING THAT IN AN ENCLOSED

TYPE SITUATION. >> IS SO I'D KIND OF GOTTEN THE SAME IDEA AND THEN I THOUGHT ABOUT IT. IT'S NOT LIKE YOU'RE SEEING PRIDE REFINERY OUT THERE WITH ALL THE TALL TOWERS AND ALL THAT KIND OF STUFF DOING THOSE KIND OF THINGS.

>> WHEN I BEGAN MY CAREER AS AN ARCHITECT, I RAN AN A LOT OF BLUE LINES THROUGH AN AMMONIUM MACHINE AND I MAY NOT EVER BE RIGHT AGAIN, THROUGH AS A A LOT OF SMELL ASSOCIATED WITH THAT.

WILL THERE BE ANY SMELL ASSOCIATED WITH THIS PROJECT?

>> I THINK THE AMMONIA THING IS FURTHER DOWN THE LINE AS FAR AS REALLY DEVELOPING THAT. RIGHT NOW BE THE BIG FOCUS IS ON THE GREEN HYDROGEN PIECE AND AND ADDRESSING A LOT OF THAT AND FURTHER DOWN, I THINK WHATEVER WE DECIDE TO DO, I THINK WE WANT TO THINK THAT WE HAVE SORT OF THE INPUT FROM OUR NEIGHBORS IN THE COMMUNITY BEFORE WE GO FORWARD. SO I THINK ABSOLUTELY, WHATEVER THAT LOOKS LIKE, WE'RE HAPPY TO ENGAGE, YOU KNOW, LANDS

OWNERS NEAR US. >> WOULD YOU GUYS BE OPEN TO LETTING US TAKE ANOTHER LOOK AT IT DOWN THE ROAD?

>> THESE GUYS HAVE SORT OF BEEN RUNNING POINT ON A LOT OF THE PLATS AND ALL THAT, BUT WE CAN --

>> COME ON UP. JUST FOR THE RECORD, STATE YOUR NAME.

>> MY NAME IS IN ABILENE. WHEN YOU SAY YOU WANT TO TAKE ANOTHER LOOK AT THIS, DOES THAT MEAN THAT YOU WANT TO POSTPONE THIS WHOLE PDD APPLICATION AND KICK US DOWN THE ROAD FOR ANOTHER MONTH OR DOES THAT MEAN THAT WHEN WE ARE READY AND HAVE THE SIGN ON THE FACILITY THAT WE WANT TO BUILD THAT WE SUBMIT AN APPLICATION

FOR A PERMIT TO BUILD IT? >> YEAH. I THINK WHAT I HAD IN

[00:25:05]

MIND WAS KIND OF THE DIRECTION I WAS GEARING MY QUESTION IS THAT WE DON'T REALLY KNOW EXACTLY WHAT WE'RE TALKING ABOUT TODAY AND SO I THINK WE WOULD -- AND I'LL GET CLARITY ON WHETHER THIS IS ALLOWED OR NOT, BUT I WAS THINKING MORE OF AN APPROVAL WITH A CONDITION THAT FINAL SITE PLAN HAS TO COME BACK THROUGH PLANNING AND ZONING FOR ANOTHER LOOK.

>> OKAY. SO WHAT YOU MEAN IS THAT YOU WILL APPROVE THE PDD TODAY WITH HI IN THIS SLOT ONE THAT WE HAVE, BUT WHEN WE COME TO THE DAY WHERE WE HAVE A FINAL DECIDE FOR WHAT WE THINK WE WANT TO BUILD, THEN WE'LL COME BACK AND SEEK AT OTHER PROFESSIONAL THAT THIS IS FOR LAYOUT, THIS IS WHAT IT'S GOING TO LOOK LIKE, THIS IS WHAT THE NOISE LEVELS ARE GOING TO BE AND SO ON AND FORSYTH, AND THEN APPLY, THEN, FOR A FINAL PERMIT IN ORDER TO GET THE GREEN LIGHT TO GO AHEAD IS THAT WHAT YOU'RE SAYING?

>> I DON'T KNOW IT WOULD BE A PERMIT, BUT THAT IT WOULD JUST -- THAT WE WOULD HAVE TO RECOMMEND APPROVAL OF THAT SITE PLAN TO CITY COUNCIL, IN ADDITION TO THIS.

>> RIGHT NOW, WE'RE KIND OF ON A HIGH LEVEL CONCEPTUAL PLANNING STAGE. [INAUDIBLE] IS NOT PLANNING TO BUILD ANY OF THESE AMMONIUM SITES OURSELF. WE WOULD PARTNER WITH SOMEONE WHO IS AN EXPERIENCED PARTNER IN BUILDING THESE TYPE OF PLANS.

SO WE DON'T HAVE A DETAILED CONCEPT PLAN THAT IS GOING TO SHOW YOU TODAY WHAT THIS MIGHT LOOK LIKE, YOU KNOW? WE LOOKED AT SOME OTHER SITES THAT IS BEING BUILT RIGHT NOW, AND WE HAVE A GENERAL IDEA OF WHAT IT'S GOING TO LOOK LIKE. WE'VE SEEN THE TYPE OF EQUIPMENT THEY'RE USING AND WE DON'T SEE ANYTHING LIKE THE BIG SIZE OF THE REFINERY, WHICH YOU MIGHT HAVE IN IN THE BACK OF YOUR MIND, OR ANYTHING THAT IS CREATING A LOT OF NOISE IN THE AREA. AND WE HAVE, ON PURPOSE, PLACED THIS KIND OF IN AN AREA WHERE WE FEEL THAT WE ARE FAR AWAY FROM THE NEIGHBORS. WE'RE PUTTING IN THIS 200-FOOT BUFFER TOWARDS ANY AND ALL PROPERTIES THAT WE DON'T ALREADY OWN. SO WE'RE JUST TRYING TO MAKE SURE THAT WE TAKE INTO CONSIDERATION THAT IT'S GOING TO BE ANY ANY BAD NEIGHBORS AND RUIN ANYONE'S IDEA OF THIS IS MY FOREVER RETIREMENT HOME WHERE I'M GOING TO HAVE A PEACEFUL RETIREMENT. SO WE'RE TRYING TO TAKE INTO CONSIDERATION ALL OF THOSE THINGS AND IS REALLY BE A GOOD NEIGHBOR AND A GOOD CITIZEN OF THE CITY OF ABILENE.

>> GET A LITTLE INPUT FROM COUNCIL ON THIS?

>> WELL, I WAS GOING TO SAY, I'VE NOT BEEN ASKED THE QUESTION. I'VE NOT DONE THE RESEARCH: AND I DON'T THINK THAT THAT'S EVER BEEN A PROCESS WE'VE USED. AND SO I DON'T KNOW THAT P&Z WOULD HAVE THE AUTHORITY TO REQUIRE THAT. I KNOW THAT THE CONCEPT PLAN IS REQUIRED, BUT IF YOU'RE ASKING, CAN WE DO THAT? I'M NOT AWARE THAT YOU CAN, AND I HAVEN'T DONE THE RESEARCH TO BE ABLE TO ANSWER THAT QUESTION.

>> SO I THINK MY PRIMARY CONCERN IS, AND CLINT EVEN TOUCHED ON THIS EARLIER, IS THAT WE WERE LOOKING AT OUR FUTURE LAND USE MATCH AT OUR LAST MEETING. THE IDEA WAS THAT THIS WAS RECOMMENDED FOR HEAVY COMMERCIAL. WE'VE NOW GONE TO LIGHT INDUSTRIAL AND WITH THIS LARGE SWATH OF LAND THAT'S GOING TO BE HEAVY INDUSTRIAL, AND WE DON'T KNOW WHAT THAT COULD LOOK LIKE AND YOU COULD TURN AROUND AND SELL IT AFTER WE REZONE IT

HEAVY INDUSTRIAL. >> WELL, THE PD TO ME IS PRETTY SPECIFIC. OKAY? BECAUSE IT SAYS LOT ONE, AND IT SAYS GREEN HYDROGEN, GREEN AMMONIA DIRECT AIR CAPTURE CARBON DIOXIDE * EYED, LIGHT INDUSTRIAL USES. SO TO ME, THE PD SPECIFICALLY ADDRESSES THOSE THREE SPECIFIC WHAT YOU WOULD CALL HEAVY INDUSTRIAL USES AND THEN LIGHT INDUSTRIAL. NOT L. NOT SAYING LOT ONE IS NOT A HEAVY INDUSTRIAL LOT THE WAY I READ THIS. IT'S STILL A LIGHT INDUSTRIAL LOT, BUT IT'S ALLOWED THESE THREE HEAVY INDUSTRIAL USES ON IT.

OKAY. >> THAT'S THE WAY I LEAD WHAT'S WRITTEN HERE IN THE PD. WE CAN GET RAPPED TOY VERIFY THAT IN A

PINCH THAT'S THE WAY I READ IT. >> THAT DOES HELP CLARIFY IT.

>> THE SAME WAY THEY WANTED ON LOTS 2 THROUGH 5 TO ADD THE PARTICULAR ITEMS IN HERE THAT THEY WANTED TO MAKE SURE THAT THOSE COULD BE INCLUDED IN LIGHT INDUSTRIAL. AND I THINK IT'S A GOOD LIST. I KIND OF LIKE THE WAY THE PD OR I DO LIKE THE WAY THE PD WAS PUT TOGETHER TO BE PRETTY SPECIFIC AND THINGS.

GUYS, I DO HAVE ONE QUESTION ABOUT THE 200-FOOT BUFFER AROUND

THERE. >> YEP.

>> IT I FEEL FEEL MUCH MORE COMFORTABLE GOING AHEAD AND MAKING THAT AROUND, EVEN THOUGH THAT'S NOT THAT WAY NOW. I'M

[00:30:02]

ASKING, IS THERE SOME PARTICULAR REASON THAT YOU DON'T WANT THAT RIGHT NOW? OR IS THAT GOING TO HELPSER YOUR --

>> FIRST OF ALL, WE ARE IN THE PROCESS OF BUYING MORE PROPERTY A LOT OF PROPERTY IS GOING OFF IN THE NORTHWEST DIRECTION TOWARDS THE MILL BURY CREEK SUBSTATION, AND THIS WE ARE DOING FOR -- THE MAIN REASON IS TO HAVE ALL THE EASEMENTS WE NEED TO BRING DOWN A SUBSTATION WE'RE PLANNING ON BUILDING. THAT IS GOING TO BE NORTHWEST OF US. AND WE'VE BEEN BUYING OFF ANY LAND THAT HAS BEEN FOR SALE UP UNTIL NOW SURROUNDING OUR PROPERTY, BECAUSE WE WERE IN THE PROCESS OF EXPANDING. WE WERE SEEING A LOT OF AMOUNT FOR WHAT WE'RE DOING. AND THE MORE PROPERTY THAT WE CAN GET SURROUNDING THE MAIN AREA WE HAVE NOW IS SOMETHING THAT WE'RE GOING TO PICK UP. SO IF -- I DON'T SEE ANY REASON WHY WE'RE PLANNING ON SELLING ANY OF THE PROPERTIES WE DO HAVE. SINCE WE ALREADY OWN IT, WE DECIDED THAT WE DON'T REALLY NEED TO PUT IN A 200-FOOT BUFFER TOWARDS A PROPERTY THAT WE ALREADY OWN. THAT'S KIND OF THE REASONING BEHIND THAT.

>> DO YOU GUYS HAVE ANY FURTHER QUESTIONS YOU'D LIKE TO ASK?

>> CAN I JUST ADD? I DON'T KNOW IF THERE'S ANYONE ELSE WHO DID HAVE ANY QUESTIONS, WE'RE HAPPY TO HANG BACK.

>> APPRECIATE IT. ANYONE ELSE WHO WOULD LIKE TO COME UP AND VISIT WITH US OR HAVE ANY CONCERNS ABOUT THE ZONING CASE?

COME ON UP. . >> I AM CALVIN DONAGUE. I OWN ABOUT 59 ACRES ADJOINING THIS DEVELOPMENT ON ON TWO OF OUR SIDES. IF YOU PUT THE LAST MAP THAT WAS UP THERE, THAT ONE, OUR LAND HAS THE INSIGNIA LOT FIVE IN IT. THAT'S OUR LITTLE TRAPEZOID IS WHERE WE ARE. AND I CAN SHOOT A SLING SHOT FROM OUR PROPERTY TO THE BLACK AREA. SO I'M CONCERNED ABOUT HOW LOUD IS IT GOING TO BE, WHICH I HAVEN'T HEARD. WHAT KIND OF SMELLS WE'RE GOING TO HAVE, WHICH I HAVEN'T HEARD. SO I THINK THEY'RE ASKING YOU TO APPROVE SOMETHING WITHOUT KNOWING WHAT YOU'RE APPROVING. I WANT TO BE A GOOD NEIGHBOR. I DON'T WANT TO STAND IN THE WAY OF PROGRESS. WHEN WE BOUGHT THAT PLACE, WE MOVED OUT THERE AND IT WAS OUR RETIREMENT PLACE THAT'S THE DEAL FOR US. WHEN LANCIUM GOT THE LAND, A LITTLE BIT BEFORE THEY BOUGHT THE LAND, WE BOUGHT ANOTHER 20 ACRES ADJACENT ON THE OUTSIDE BOUNDARY OF OUR SOUTH AND EAST SIDES, AND THEY SENT A SHREDDER OUT THERE, AND THE SHREDDER SHREDDED THROUGH THEIR BOUNDARY TO OUR FENCE, WHICH OUR OUTER STRIP WASN'T FENCED AND SHREDDED THAT, TOO.

AND I MADE SOME PHONE CALLS AND PEOPLE TALKED TO ME AND SAID, WELL, WE'RE SORRY. WE DIDN'T KNOW. WE DIDN'T KNOW.

LET'S JUST SAY I'M CONCERNED. I DIDN'T PUT IN A NO VOTE. I DIDN'T SAY NO, I DON'T WANT THIS TO HAPPEN. BUT I'M CONCERNED.

I WANT TO KNOW KIND OF WHAT, BEFORE I SAY YAH OR NAY ON WHAT MY LITTLE OPINION MATTERS, I'D LIKE TO KNOW WHAT THEY'RE GOING TO DO. I DON'T WANT TO BE IN THE WAY OF PROGRESS, BUT BEFORE YOU GUYS HAVE TO VOTE ON THIS, I THINK YOU NEED TO KNOW WHAT'S COMING. I THINK THEY'RE ASKING TO YOU VOTE ON SOMETHING WITHOUT TELLING YOU WHAT'S COMING. THAT'S ALL.

>> I MIGHT ADDRESS SOME OF THAT, TOO. I GUESS US AS A GROUP HERE ARE RESPONSIBLE FOR LOOKING AT THIS AND SEEING IF THIS -- BECAUSE THE REQUEST IS LIGHT INDUSTRIAL WITH SOME OTHER STUFF IN IT. SO FOR PRACTICAL PURPOSES, WE CAN JUST SAY THEY'RE ASKING TO ZONE A PIECE OF PROPERTY LIGHT INDUSTRIAL.

>> OKAY. >> AND SO WHAT INSIDE LIGHT INDUSTRIAL CAN YOU DO AND THOSE KIND OF THINGS? THEN OUR CITY ORDINANCES, OUR CODE OF ORDINANCES FOR THE CITY HAVE SMELL, NOISE, ALL OF THOSE THINGS IN THOSE ORDINANCES THAT THEY HAVE TO STAY WITHIN ON THOSE. SO ALL OF THOSE THINGS

[00:35:02]

WILL BE KIND OF ADDRESSED AT SITE PLAN REVIEW AND OTHER THINGS THAT HAS TO GO THROUGH THE PLANNING & ZONING AND ENGINEERING OFFICE TO TAKE CARE OF THOSE KIND OF THINGS. SO KIND OF BEFORE US IS REALLY IS THIS PIECE OF PROPERTY OR ARE THESE PIECES OF PROPERTY A GOOD USE, IS LIGHT INDUSTRIAL A GOOD USE FOR THIS PIECE OF PROPERTY? IS IT APPROPRIATE IN THIS AREA? IT WOULD BE THE SAME THING IF THEY WERE COMING IN HERE AND WANTING TO PUT IN A BIG RESIDENTIAL COMPLEX OR SOMETHING LIKE THAT. IT WOULD ALL BE KIND OF THE SAME. IS IT APPROPRIATE FOR THAT? SO THAT'S KIND OF WHAT OUR DEAL IS HERE.

WE DON'T HAVE THE LAST WORD ON THIS CASE. WE'LL EITHER RECOMMEND OR DENY GOING TO COUNCIL AND COUNCIL HAS THE LAST WORD ON IT. SO WE'RE A RECOMMENDING BOARD, SO WE'LL LOOK AT IT. WE'LL KIND OF MAKE OUR RECOMMENDATION. WE'LL VOTE IN A MINUTE WHAT WE NEED TO DO. IT WILL MOVE ON TO COUNCIL OR NOT MOVE ON TO COUNCIL AND COUNCIL WILL ACTUALLY BE THE GUYS TO PUT THEIR THUMB ON IT AND DECIDE WHAT THEY REALLY WANT

TO DO. >> I WOULD HAVE ONE OTHER

QUESTION. >> SURE.

>> IS WILLING THEIR LAND BE FENCED?

>> WITH THE BUFFER? THAT WAS WHERE WE WERE HEADED WITH RANDY IN THE BUFFER. MOST LIKELY NOT I DON'T KNOW WHAT THEY'LL DO.

THEY MAY SECURITY FENCE IT, AND WE CAN ASK THEM THAT SINCE THE PUBLIC HEARING IS STILL OPEN. WE WOULDN'T REQUIRE A FENCE BECAUSE OF THE BUFFER THAT WE HAVE THERE. AND THAT WAS KIND OF WHERE I WAS WITH RANDY WHILE AGO. NORMALLY THERE WOULD BE SOME KIND OF WHAT WE'D CALL BUFFER, A POINT SYSTEM BY BUFFER, BUT WITH THE 200-FOOT, THAT'S GOING TO FALL INTO THIS POINT SYSTEM, SO WE WOULDN'T BE REQUIRING A FENCE. I DON'T THINK. I'LL ASK RANDY AGAIN A MINUTE. I DON'T THINK WE'D BE REQUIRING A FENCE BASED ON THIS THERE'S NOT ONE STATED IN THE

PD. LET'S PUT IT THAT WAY. >> I PRESUME THAT WAS THEIR PLAN WHEN THEY SHREDDED THE TREES. I NEVER HAD ANY OFFICIAL WORD.

>> SURE. >> OKAY. THANK YOU.

>> ALL RIGHT. THANKS, KELLY. >> ANYONE ELSE LIKE TO ADDRESS

THIS? SURE, COME ON BACK UP. >> AGAIN, I CAN ANSWER THE QUESTION ABOUT FENCING. WE DID SHRED THE OUTER EDGE OF OUR PROPERTY SO THAT WE COULD HAVE ACCESS TO GO AROUND THE PROPERTY AND CHECK ON IT. AT THIS MOMENT, WE DON'T HAVE ANY PLANS TO FENCE IN THE WHOLE PROPERTY, BUT AS WE ARE BUILDING THIS OUT IN STAGES, SAY WE'VE PUT IN TWO BUILDINGS WITH A DATA CENTER IN. THAT DATA CENTER WOULD HAVE A SECURITY FENCE AROUND IT. ANY DEVELOPMENT WE DO WITHIN THESE ACRES WE HAVE,

IT'S GOING TO BE FENCED IN. >> THANK YOU. ANYONE ELSE? I WILL CLOSE THE PUBLIC HEARING. SO I GUESS MY QUESTION IS HOW DO WE ADDRESS THIS AEP THING? KELLY?

>> I'M SORRY, HOW DO YOU ADDRESS WHAT?

>> THE AEP IF. >> THE AEP?

>> THE AEP PROPERTY. >> YOU KNOW, THE WHOLE THING IS -- I BELIEVE THE WHOLE THING IS BEFORE YOU FOR ZONING.

>> I GUESS MAYBE REPHRASE MY QUESTION. IF WE WERE TO HAVE A MOTION TO APPROVE THIS IN A MINUTE, DO WE NEED TO SAY SOMETHING IN THAT MOTION ABOUT THIS OR WILL IT GO FORWARD LIKE THAT? YOU KNOW WHERE I'M AT. WE NORMALLY DON'T APPROVE A PIECE OF PROPERTY UNLESS THE OWNER HAS SAID THEY WANT THAT

CHANGED. >> I'M THINKING YOU COULD IMPROVE IT WITH IT INCLUDED OR EXCLUDED. IT COULD GO TO COUNCIL AND CHANGE. EITHER MAKE AEP A SIGNATORY ON THE ZONING APPLICATION, WHICH ADDRESSES IT RIGHT THERE. GET A LETTER IN THE NEXT WEEK WHERE CITY COUNCIL TAKES ACTION ON IT AND STATES

THE SAME. >> I DON'T HAVE A PROBLEM SENDING IT FORWARD. IT'S NOT SOMETHING WE NORMALLY DO. YOU COME IN AND SAY WE'RE GOING TO CHARGE THIS AND THE OWNER SAYS I

DON'T WANT THAT CHANGE. >> I DON'T KNOW WHO THE AEP REPRESENTATIVE IS, IF HE'S LOCAL. IF THEY SEND YOUS A

LETTER. >> I'VE GOT ALL THE CELL NUMBERS ON MY PHONE. YOU WANT ME TO CALL ONE OF THEM?

>> AS LONG AS THERE'S A SIGNATORY TO THE ACTION OR AT LEAST CONCEPTS TO THE ACTION ON THEIR PROPERTY, I THINK WE HAVE

[00:40:04]

IT COVERED. >> JUST TO BE SURE I DO UNDERSTAND THE AEP PROPERTY IS INCLUDED IN THIS PDD --

>> YES, IT IS. >> WE HAVE A CASE WHERE WE'VE GOT LIGHT INDUSTRIAL, HEAVY INDUSTRIAL, AND OPEN STRIPS.

>> THAT'S CORRECT. EVERYTHING EVERYTHING THERE, I GUESS N THAT ODD LOOKING SHAPE IS GOING TO BE PD181, AND THAT IS PD181, PDD.

PD181. >> ADD OWED AS A CONDITION OF

APPROVAL? >> YOU KNOW, I MEAN I GUESS I REALLY, FIRST OFF, WE'RE KIND OF ASSUMING WE'RE GOING TO MOVE THIS FORWARD. I THINK THAT JUST KIND OF COMPLICATES THINGS.

>> I WOULD MAKE IT PART OF OUR APPROVAL PROCESS. OBVIOUSLY, WE'RE ON RECORD AS SAKE WHAT THAT IS. I DON'T SEE ANY NEED TO. I DON'T THINK AEP IS GOING TO BE A PROBLEM, HONESTLY.

>> WELL, I DON'T THINK THEY'D BE BUILDING THIS WITHOUT AEP.

>> MICHAEL IS GOING TO STRAIGHTEN US OUT.

>> OH, NO, NO, NO. THANK YOU FOR THIS OPPORTUNITY TO SPEAK.

LET ME JUST SAY THAT AEP IS WELL AWARE OF THIS PROJECT. THEY WERE A PARTNER AS PART OF THE ANNEXATION PROCESS AS WELL.

THIS WAS A SINGLE ANNEXATION WITH BOTH COMPANIES SIGNING THE

DOCUMENTS. >> OKAY.

>> THEY'RE NOT OPPOSED TO WHAT WE'RE DOING WITH LANCIUM. IF WE WANT TO GET A LETTER, WE'LL BE HAPPY TO DO ONE BEFORE THE COUNCIL TAKES A LOOK AT THIS NEXT WEEK.

>> AND YOU SAID IT BETTER THAN I DID. I DON'T SEE AN ISSUE WITH

IT, HONESTLY. >> I KNOW THEY ARE IN SUPPORT OF THE PROJECT AND WE CAN GET A LETTER OF SUPPORT. MAKE SURE EVERYTHING IS CLEAN. WE'LL BE GLAD TO DO THAT.

>> THANKS. >> THANK YOU, SIR.

>> SO NOW WE'RE KIND OF -- I'M KIND OF DIRECTING CONVERSATION HERE. WE'RE BACK TO KEVIN'S CONCERN.

>> I WANT TO MAKE A FEW POINTS SO EVERYBODY IS CLEAR ON THE RECORD. FIRST IN REGARD TO THE PERFORMANCE STANDARDS, BECAUSE THIS PROPERTY WOULD HAVE A BASE ZONING OF LIGHT INDUSTRIAL, THOSE STANDARDS AS WELL AS THE NOISE PARTICULARLY DO NOT APPLY BECAUSE IT'S ALWAYS IMPLIED IF YOU HAVE AN INDUSTRIAL PROCESS.

YOU'RE GOING TO HAVE VIBRATIONS, NOISE. BUT SEEING THAT, I WISH THE APPLICANT HAD TOLD YOU ALL WHAT HE TOLD YOU YESTERDAY. AND PART OF THE OPERATION THAT IS THE MOST CONCERNING FOR THE MOST PEOPLE IS THE CRYPTOCURRENCY AND THE SOUND OF THAT PROCESS. HE TOLD ME YESTERDAY THAT THAT OPERATION WOULD BE ENCLOSED IN A BUILDING AND THAT IT WOULD BE -- IT WOULD HAVE A DIFFERENT TYPE OF COOLING OF THE COMPUTERS, THAT NORMALLY THE LITTLE FLY-BY-NIGHT COMPANIES THAT YOU SEE POP UP AROUND THE AREA, THAT THEY DON'T HAVE. SO BY VIRTUE OF BEING IN A BUILDING, THAT'S GOING TO MITIGATE MOST OF THE NOISE THAT COMES FROM THAT OPERATION. I WOULD LIKE THEM TO GO INTO MORE DETAIL. I'M NOT AN ADVOCATE 230 THIS PROJECT AND I'M NOT COMFORTABLE MAKING THAT APPOINTMENT. THAT'S WHAT HE TOLD ME YESTERDAY.

SECOND THING IS THIS IS A PD. A PD IS WIDE OPEN. YOU CAN IMPOSE ANY CONDITIONS THAT ARE REASONABLE AND PURSUANT AND MAKE SENSE BASED ON THE USES THAT ARE PROPOSED AND THE CONCERNS YOU HEAR FROM THE COMMUNITY OR FROM EACH OTHER. IN THAT'S A SITE PLAN, WE'RE NOT ADVOCATING THE SITE PLAN, BUT IF YOU WANT TO GO THAT ROUTE THROUGH A PD, YOU CAN DO ANYTHING ELSE, YOU CAN GET ANYTHING YOU WANT TO DO THAT MAKES REASONABLE LEGAL SENSE. I MEAN, YOU CAN'T SAY WE CAN PUT UP A REDWOOD FOREST BEHIND THE PROPERTY, BUT YOU CAN SAY THE SOUND SHALL BE ATTENUATED. EVEN THOUGH THE NOISE REGULATIONS DON'T PERTAIN, YOU COULD IMPOSE THEM AS PART OF THIS PD. I'M JUST SAYING THE ORDINANCE AS IT'S WRITTEN RIGHT NOW WOULD NOT APPLY TO THE NOISE CONCERN, BUT THE PD CAN I'M IMPOSE THAT CONDITION, BE IT THROUGH THAT OR THROUGH SITE PLAN OR WHATEVER THOUGHT PROCESS YOU HAVE. AND WHEN MICHAELA SPOKE ABOUT THE SITE PLAN, WE'RE NOT ADVOCATING THAT POSITION, BUT IT IS SOMETHING WE BELIEVE, BECAUSE OF THE UNIQUENESS OF THAT PROPERTY AND WHERE IT'S LOCATED, IT'S SOMETHING THAT IF YOU WANT TO AT LEAST LOOK AT IT AND GET MORE INFORMATION OF HOW IT'S GOING TO BE ARRANGED AND WHAT THE OUTDOOR OPERATIONS ARE GOING TO BE LIKE, THAT'S IN YOUR PREROGATIVE TO DO THAT. THAT'S PART OF THE PD. THAT'S WHY A PD IS SO SPECIAL, BECAUSE YOU CAN DO ANYTHING THAT PERTAINS TO LAND USE AND THE IMPACT ON SURROUNDING PROPERTIES. WITHOUT ANSWERING

[00:45:06]

ANY ADDITIONAL QUESTIONS. >> SO TO ME THIS IS MORE OF A WAREHOUSE KIND OF COMPLEX RATHER THAN WHAT I WOULD CONSIDER YOUR CONVENTIONAL OUTDOOR INDUSTRIAL COMPLEX. WOULD YOU SAY THAT?

>> THAT'S PROBABLY A REASONABLE AND ACCURATE STATEMENT. I WAS LOOKING -- I HAD A CONVERSATION WITH KEVIN YESTERDAY. I STARTED POKING AROUND THE INTERNET, LOOKING AT GREEN NITROGEN AND GREEN AMMONIA PROCESSES AND A LOT OF THOSE PLACES, LIKE WHAT THEY SAID, THE OUTDOOR BUSINESS PART THAT YOU SEE IS A WHOLE LOT SMALLER THAN WHAT YOU SEE LIKE IN TEXAS CITY. IT'S A MUCH MORE CONDENSED PROCESS. IT'S JUST OUT THERE, BECAUSE THEY VENT DIFFERENT THINGS. IT HAS TO BE OUT THERE IN IT THE OPEN AREA, BUT IT'S NOTHING LIKE WHAT WE'RE TALKING ABOUT IN TEXAS CITY OR THE AREA AROUND HOUSTON WHERE IT'S INDUSTRIALIZED.

BY AND LARGE, MOST OF THIS OPERATION WILL BE INDOORS. THE ONLY EXCEPTION TO THAT IS YOU'LL HAVE THE OUTDOOR GREEN, THE SOLAR PANELS WHERE THEY'RE COLLECTING SUNLIGHT AS PART OF THE PROCESS TO GENERATE ENERGY TO RUN THE PROCESSES. I THINK THE BATTERY CHARGING WILL BE MAINLY INDOORS. I THINK REALLY YOU TALK ABOUT A SUBSTATION, YOU HAVE A HUGE SUBSTATION, SO IT HAS TO BE OUTDOORS, OBVIOUSLY. SO YOU'RE GOING TO SEE WHAT YOU NORMALLY SEE IN A SUBSTATION. YOU HAVE THE SOLAR PANELS AND YOU'RE GOING TO HAVE THE INDUSTRIAL COMPONENTS OF THE HEAVY INDUSTRIAL WHERE THEY DO THE PROCESSING, BUT IT'S NOTHING ON THE SCALE OF METRO HOUSTON, TEXAS CITY, OUT THERE IN THAT

AREA. >> MAYBE I CAN DIAL IT IN A LITTLE BIT FURTHER. I SEE IT MORE AS ACCESS OUT AT THE AIRPORT WHERE WE'VE GOT TIGA AND CHIEF AND TOWER TECH AND PRIMAL

AND THOSE GUYS, AMAZON. >> IT'S BASICALLY A VERY HIGH

END INDUSTRIAL PARK. >> YES.

>> IT WILL LOOK LIKE A CAMPUS. >> YES.

>> AND THAT'S ALSO ONE REASON WHY WE THINK THE SIGN PROGRAM IS GOING TO BE IN THERE, SO IT HAS A UNIFYING FEEL TO IT. IT'S NOT JUST A BUNCH OF BUSINESSES THAT ARE SET UP. IT WILL HAVE A CLEAN APPEARANCE RELATIVE TO WHAT YOU NORMALLY ASSOCIATED WITH HEAVIER INDUSTRIAL PROCESS IN THOSE KIND OF PARKS.

INTERESTED AND I DON'T THINK THAT WE WOULD EACH HAVE THE AUTHORITY TO APPROVE SPECIFIC PROJECTS, BUT THAT THIS IS BEING SET UP, ESSENTIALLY, AS A BUSINESS PARK AND WE'RE ZONING A PORTION OF THAT AS HEAVY INDUSTRIAL AND THE REASON CURRENTLY FOR HEAVY INDUSTRIAL IS SO THAT THEY CAN PRODUCE THIS CLEAN ENERGY FOR FUTURE POTENTIAL TENETS IN THIS BUSINESS PARK THAT NEED THAT CLEAN ENERGY AND LARGE -- IN LARGE QUANTITIES, BUT THAT IF WE HAD ZONED THIS HEAVY INDUSTRIAL,

WIDE OPEN -- >> THAT'S NOT WHAT WE'RE DOING,

THOUGH. >> ALL RIGHT.

>> GO BACK TO YOUR SLIDE. IT'S GOT LOT ONE ON IT.

>> YEAH. >> THAT IS NOT WHAT I THINK -- THAT'S NOT THE WAY I UNDERSTAND THAT WE'RE DOING.

>> THIS RIGHT HERE? >> NO, NO. THAT ONE.

>> WHAT WE'RE DOING IS WE'RE SAYING THE SITE IS ZONED LI AND YOU HAVE THESE THREE SPECIFIC HEAVY INDUSTRIAL USES.

>> GOT YOU. >> THAT'S WHAT WE'RE SAYING.

>> THAT'S OKAY. WE'RE NOT ZONING LOT ONE.

>> YEAH. I MEAN, WE HAD THAT SAME CONCERN LAST MONTH. THAT'S

WHAT WE'RE TALKING ABOUT. >> WE'VE REFINED THIS NOW WHERE IT'S VERY TIGHT AND VERY SPECIFIC.

>> OKAY. >> I HAVE TO GO TO PICK UP A KID, BUT YOU ALL STILL HAVE QUORUM. I DO WANT TO SAY I'M IN SUPPORT OF THIS MOVING FORWARD. I WOULD BE AGAINST US PUTTING CONDITIONS, ASKING THEM TO COME BACK. I WOULD BE IN SUPPORT OF TREATING THIS LIKE A ZONING CASE. DO WE BELIEVE THIS IS APPROPRIATE ZONING FOR SOMETHING THAT HAS BEEN AO FOREVER? AND NOW WE'VE APPROVED IT FOR LIGHT INDUSTRIAL. AND THEN APART FROM THAT, I WOULD APPROVE IT, IF I WAS GOING TO BE HERE TO VOTE, JUST TO SAY MY PIECE, WITH THE CONDITIONS THAT WERE OUTLINED BY CITY STAFF, BUT I WOULD ENCOURAGE CITY STAFF TO HAVE A NOTE FROM AE PANHANDLE BEFORE THEY GO TO CITY. SORRY I WON'T BE HERE, BUT I GOT TO GO PICK UP A KID.

>> THANK YOU, BRAD. THANK YOU FOR COMING. THANKS FOR YOUR

WORDS. >> ALONG WITH -- HOLD ON. ALONG WITH WHAT BRAD WAS SAYING, I WAS JUST GOING TO SAY THAT I THINK WE'RE ALSO SO USED TO SEEING, YOU KNOW, BE TOWEL COME IN WITH

[00:50:03]

AN EXACT PLAT AND THEIR ROADS AND TO THE POINT OF TRYING TO FIGURE OUT ABOUT CONCEPTUALLY WHAT THEY'RE GOING TO DO, I THINK OBVIOUSLY THIS IS A HUGE PROJECT FOR ABILENE AND TAYLOR COUNTY. OBVIOUSLY THEY'RE NOT GOING TO BE ABLE TO JUST BUILD WHATEVER THEY WANT TO. RIGHT? THERE ARE STILL PROCESS AND

PROCEDURES FOR THAT. >> SURE. THEY'RE STILL GOING TO HAVE SOMEBODY LIKE TOWL, SINCE WE'RE USING HIS NAME AND HE'S HERE, SOMEBODY LIKE HIM, AND THAT PLAN IS GOING TO HAVE TO GO THROUGH SITE PLAN REVIEW AND IT'S GOING TO GET A HE WANTS P AND AT&T AND WATER AND SEWER AND EVERYBODY ELSE INVOLVED IN IT, FIRE DEPARTMENT AND EVERYBODY OF IT'S GOING TO GO THROUGH THE NORMAL CITY PROCESSES THAT WE HAVE AS FAR AS SITE PLAN REVIEW AND EVERYTHING ELSE. SO IT WILL GO BEFORE THE SITE PLAN REVIEW COMMITTEE AND ALL OF THOSE THINGS ONCE IT COMES ABOUT.

ANY MORE QUESTIONS FOR RANDY OR ANY FURTHER DISCUSSION? I THINK THIS IS A GREAT THING. I THINK IT'S AN APPROPRIATE AREA AND I REALLY LIKE TO SEE THEM COME FORWARD.

>> I FEEL THE SAME WAY. >> WOULD YOU LIKE TO MAKE A

MOTION THERE? >> I MOVE THAT WE APPROVE AND FAST ON TO THE CITY WITH ALL OF THE CONDITIONS.

>> I'LL SECOND. >> WE HAVE A MOTION AND A

SECOND. >> MR. BARNETT? MS. RUSES

UNTIL. >> YES.

>> MR. ALLEY BURTON? >> YES.

>> REVEREND LANGFORD? >> YES.

>> MS. PHLEGM LACKING YES. >> AND MR. ROSENBAUM?

>> YES. >> IS THE MOTION TO APPROVE

CARRIES WITH CONDITIONS. >> AND APPRECIATE ALL YOU FOLKS COMING. THANK YOU ALL FOR COMING IN AND TALKING TO US.

ZONING CASE Z2023-10, CHANGE ZONING FROM AGRICULTURAL OPEN SPACE TO HEAVY INDUSTRIAL AT 4678FM18.

>> GOOD AFTERNOON. MY NAME IS CLARISSA IVY WITH THE PLANNING DEPARTMENT, CITY OF ABILENE. TODAY I'LL BE PREPPING CASE Z2023-10. THIS WAS A REQUEST BY MR. CHRIS DANIEL. HE'S THE AGENT FOR BRIDGESTONE [INAUDIBLE] LLC. HE REQUESTED TO REZONE FROM AGRICULTURAL OPEN TO HEAVY INDUSTRIAL, 4678FM18.

HERE YOU CAN SEE A LOCATION MAP YOU CAN SEE THIS PROPERTY EAST OF TOWN OFF OF ELM WOOD ON FM18 AND THE SUBJECT PROPERTY JUST WEST OF THE BRIDGESTONE FACILITY.

AS YOU CAN SEE IN THE ZONING MAP, THIS HAS A HOLDING ZONING OF AGRICULTURAL OPEN WITH MOSTLY LIGHT INDUSTRIAL ZONING DISTRICTS AND HEAVY INDUSTRIAL USES, SO YOU CAN SEE THAT THIS AREA IS MOSTLY ON YOUR INDUSTRIAL ZONING CLASSIFICATIONS. THE PROPERTY IS CURRENTLY ZONED AGRICULTURAL OPEN, WHICH BRINGS ME TO WHY THEY'RE WANTING TO GO TO HEAVY COMMERCIAL. SO AS YOU CAN SEE ON THIS AIR YELL DOWN ON THE PROPERTY TO THE EAST, THAT'S WHERE THEIR FACILIT IS. THE PROPERTY THAT WE'RE SPEAKING OF IS AGRICULTURAL. THEY'RE WANTING TO HAVE THE SAME ZONING IN USE AS THEIR CURRENT PROPERTY, WHICH IS HEAVY INDUSTRIAL. RIGHT NOW, THE PROPERTY HAS A NON-CONFORMING PARKING LOT, SO THEY'RE WANTING TO EXPAND THIS PARKING LOT AND FOR THEM TO BE ABLE TO DO THAT, THEY WILL HAVE TO REZONE TO HEAVY INDUSTRIAL, BECAUSE PARKING LOT IS NOT AN ALLOWED USES, AS YOU CAN SEE ON THE ZONING USES. SO THAT'S THE REASON WHY THEY'RE WANTING TO DO THAT. GOING FORWARD WITH THE HEAVY INDUSTRIAL ZONING TO MATCH THEIR ADJACENT PROPERTY. HERE ARE SOME VIEWS OF THE FACILITY NEXT DOOR. THE SUBJECT PROPERTY WHERE YOU CAN SEE THEY'VE ALREADY LINED OUT WHERE THE EXPANSION OF THAT PARKING LOT IS GOING TO BE. I INCLUDED A PICTURE OF THE EXISTING PARKING LOT, THE PROPERTY ACROSS THE ROAD, AND A LITTLE BIT FURTHER DOWN THE ROAD THERE'S A GAS STATION AND OTHER INDUSTRIAL USES. WE SENT OUT NOTIFICATION. WE

[00:55:02]

RECEIVED ONE PERSON IN FAVOR. CONSISTENT WITH THE COMPREHENSIVE PLAN, SURROUNDED USES IN ZONING AND GENERALLY ACCEPTED PLANNING PRINCIPLES AND CRITERIA FOR APPROVAL ON THE LAND DEVELOPMENT CODE. STATUTE RECOMMENDS APPROVAL. I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

>> YES. ANY QUESTIONS? >> THANK YOU.

>> I'LL OPEN THE PUBLIC HEARING WOULD ANYBODY LIKE TO COME UP AND ADDRESS THE CASE? COME ON UP.

>> GOOD AFTERNOON. MR. CHAIRMAN, MR. LITTLE JOHN, MS. MESSER, AND SOME OF YOU HAVE I HAVE MET. SOME OF YOU HAVE I HAVE NOT. I AM SAM CHASE. I AM ACTUALLY THE AGENT FOR BRIDGESTONE THAT FILED THE APPLICATION FOR THIS ZONE CHANGE AND A SECOND ONE THAT'S ON THE EAST SIDE OF THE EXISTING PROPERTY. AND SO I'M HERE REPRESENTING BRIDGESTONE FOR MR, AND SENIOR COUNSEL JILL RENTORHEA. AND THEY'VE BEEN WORKING WITH THE STAFF. MR. RICE'S STAFF HAS BEEN VERY HELPFUL AND APPRECIATE THEIR EFFORTS. MS. IVY, APPRECIATE YOU, AND MR. ANDERSON. I HAVEN'T BEEN HERE IN A LONG TIME AND I WAS MOST INTERESTED IN YOUR SERIOUS QUESTIONING AND I WOULD AGAIN, AS I DID WHEN I ONCE SAT UP ON THAT COUNCIL, THAT YOU FOLKS DO A GREAT JOB PAYING ATTENTION TO THE ZONING ISSUES AND SOME OF THEM CAN BE A LITTLE STRESSFUL ON EVERYBODY.

AND SO I RECALL HOW OFTEN I APPRECIATED A COUPLE OF YOU WERE ON ONE OF THOSE. MR. ROSENBAUM, YOU CERTAINLY WERE WHEN I WAS ON THE COUNCIL, AND IT'S VERY APPRECIATED BY THE COUNCIL MEMBERS, I PROMISE YOU, THAT YOU ALL ASK ALL THE QUESTIONS YOU DO AND YOU TRY TO GET TO THE BEST RESULT, AND I KNOW THE COUNCIL CONTINUES TO APPRECIATIVE OF THAT. SO KEEP THAT UP. THANK YOU FOR DOING WHAT YOU DO. I'M HERE SIMPLY TO SAY THAT I BELIEVE WHAT MS. IVY HAS SUGGESTED IS APPROPRIATE. I THINK THIS PARTICULAR ZONE CHANGE FROM AO TO HEAVY INDUSTRIAL ON THE WEST SIDE MEETS ALL THE CRITERIA OF THE EXISTING STANDARDS, THE FUTURE LAND MAP, AND THERE'S NO DOWNSIDE THAT I CAN SEE. AND IF YOU SEE ONE, PLEASE RAISE IT.

BUT THERE'S A SECOND ONE COMING THAT WE FILED THE ZONE REQUEST AT THE SAME TIME, BUT THERE WAS SOME ISSUE WITH A NOTICE, AND SO I THINK IT'S HAVING TO BE NOTICED. IT WILL COME UP NEXT MONTH AND THEN BRIDGESTONE [INAUDIBLE] WOULD HOPE TO MOVE FORWARD WITH THEIR PLANS AND THE STAFF, AS A WHOLE, HAS BEEN WORKING VERY WELL WITH THEM AND SO I EXCEPTED YOU, AND IT'S GOOD TO SEE SOME OF YOU AND I MET A COUPLE OF NEW ONES, BUT THANK YOU FOR WHAT YOU DO, AND WE WOULD ASK THAT YOU APPROVE THIS AS THE STAFF HAS RECOMMENDED, AND IF YOU HAVE ANY OTHER QUESTIONS THAT I MIGHT HELP YOU WITH, I'D BE HAPPY TO. THE FOLKS THAT ARE REALLY DEALING WITH THIS ARE EITHER IN IOWA OR IN KENTUCKY, AND YOU KNOW, I'M NOT SURE HOW THEY GOT TO ME, BUT THEY DID. AND IS I'M HAPPY TO BE BACK AND THIS PLACE LOOKS REALLY NICE. Y'ALL DID A NICE JOB IN MAKING THESE CHANGES. SO HOPEFULLY I'LL BE BACK IN MAY FOR THE SECOND PART, BUT IF YOU HAVE QUESTIONS OR ANY ISSUES, PLEASE LET ME KNOW AND WE'LL EITHER ANSWER THEM OR WE'LL GET AN ANSWER FOR YOU. THANK YOU SO

MUCH. >> ANY QUESTIONS FOR SAM? APPRECIATE YOU. THANK YOU. THANK YOU FOR YOUR WORDS, TOO.

APPRECIATE YOU. >> THANK YOU.

>> YES, THANK YOU. >> ANYONE ELSE? I WILL CLOSE THE PUBLIC HEARING. SEEMS PRETTY STRAIGHTFORWARD. WE HAVE

A MOTION? >> I'LL MOVE TO APPROVE.

>> I'LL SECOND. >> MOTION TO APPROVE AND A

SECOND. >> MR. BARNETT?

>> YES. >> MS. LOSSES UNTIL.

>> YES. >> MR. HALLIBURTON?

>> YES. >> REVERENDS LANGFORD?

[01:00:01]

>> YES. >> MS. PHLEGM LACKING YES.

>> AND MR. ROSENBAUM? AND AND THE MOTION TO APPROVE CARRIES.

>> ENIS ONING CASE Z2023-12, [INAUDIBLE] TERMS OF PD155 AT 46 MINUTE BLOCK OF ATLY ROAD. MASON IN.

>> HELLO. I'M MASON TEE GART HE KNOW WITH THE CITY OF ABILENE'S PLANNING DEPARTMENT, LOOKING AT A PLAN DEVELOPMENT AMENDSMENT, CASE Z2023-12. THE OWNER IS KPLB, LLC. THE AGENT IS CLAYTON FARROW AND THEY'RE REQUESTED TO AMEND PDD1355 AT 4601 APTLY ROAD. WE HAD TWO IN FAVOR AND TWO OPPOSED.

HERE WE HAVE THE AERIAL LOCATION MAP. AND THE ZONING MAP. IT IS CURRENTLY A PD WITH A BASE ZONING OF NEIGHBORHOOD OFFICE AND THEY'RE JUST CHANGING THE NEIGHBORHOOD OFFICE PORTION, BUT THEY'RE JUST WANTING TO GO FROM NEIGHBORHOOD OFFICE TO NEIGHBORHOOD RETAIL. ANY USE OF THE NEIGHBORHOOD RETAIL? HERE WE HAVE VIEWS OF THE SUBJECT PROPERTY. WE HAVE CURRENTLY AN OFFICE THERE, BUT THAT IS THE ONLY BUILDING LOCATED WITHIN THAT NEIGHBORHOOD OFFICE PORTION OF THE PD. IT IS TWO OPPOSED -- THE MAIN CONCERNS WERE THE TRAFFIC THERE'S ALREADY A LOT OF TRAFFIC WITH THE SCHOOL. THERE WILL BE NEIGHBORHOOD RETAIL THERE. THE PROPOSED REQUEST IS CONSISTENT WITH THE PROPOSED COMPREHENSIVE PLAN. THE SURROUNDING USE AND ZONING, THE GENERALLY ACCEPTED PLANNING PRINCIPLES, AND THE CRITERIA FOR APPROVAL IN THE LDC. STAFF RECOMMENDS APPROVAL. DO YOU

HAVE ANY QUESTIONS FOR ME? >> SO ARE THEY LOOKING FOR A PARTICULAR OR RATHER THAN CHANGING THE BASE ZONING FROM NEIGHBORHOOD OFFICE AND TOW, IS THERE A SPECIFIC BUSINESS THAT WOKE ALLOW IN THE APPROXIMATE. D THAT WOULD TAKE CARE OF, INSTEAD OF CHANGING THE WHOLE THING FROM OFFICE TO RENAIL.

>> I'M NOT SURE. THE REQUEST WAS TO GO STRAIGHT TO NEIGHBORHOOD RETAIL. TAL IS HERE. I THINK MAYBE HE WOULD BE

ABLE TO ANSWER THAT. >> ALL RIGHT. ANY FURTHER QUESTIONS FROM MASON? THANK YOU, MASON.

>> ALL RIGHT. >> I'M OPEN THE PUBLIC HEARING.

WE'D RATHER HAVE CLAYTON, BUT SINCE YOU'RE HERE, YOU KNOW.

[LAUGHTER] >> ALL RIGHT. THEY SENT THE B TEAM. HAL WITH JACOB AND MARTIN, AGENT FOR THE PROPERTY OWNER. SO THE ZONING REQUEST IS REALLY TO ALLOW GETTING TO YOUR

QUESTION, CLINT, INDOOR RETAIL. >> OKAY.

>> THAT'S THE PRIMARY THING AT HAND. OUR REQUEST IS TO CHANGE IT TO NEIGHBORHOOD RETAIL. TO PROVIDE A LITTLE BIT MORE FLEXIBILITY, AND LET ME TELL YOU WHY AND GIVE SOME BACKGROUND TO THAT. THE ZONING IN THIS AREA HAS BEEN CHANGING OVER THE LAST DECADE. YOU GUYS KNOW THAT. YOU'VE SEEP THE CASES COME THROUGH. TIGRESS ON THE EAST SIDE, CHANGE THAT ZONING FROM I CAN'T REMEMBER IF IT WAS A PD ALLOWING MOSTLY SINGLE FAMILY TO ULTIMATELY MULTI-FAMILY. THEY'VE CONTINUED ZONING TO THE SOUTH. THEY'VE CONTINUED TO BUILD THOROUGH FAIRS THAT ACTUALLY CONNECT BACK TO BUFFALO GAP ROAD. THE RESIDENTIAL DEVELOPMENT TO THE SOUTH HAS CONTINUED TO EXPAND AS WELL, SINGLE FAMILY, AND SO WHEN THIS WAS ORIGINALLY PUT IN PLACE, A LOT OF THOSE THOROUGH FAIRS WEREN'T IN PLACE. A LOT OF THAT ZONING DEVELOPMENT HADN'T OCCURRED. MY OPINION FROM A PLANNING STANDPOINT, MOVING TO A NEIGHBORHOOD RETAIL IS APPROPRIATE AT THIS LOCATION, GIVEN ALL OF THOSE THINGS. NOW, ONE THING THAT I THINK IS IMPORTANT TO KEEP IN MIND IS BOTH NEIGHBORHOOD OFFICE AND NEIGHBORHOOD RETAIL, THEY WERE CREATED SPECIFICALLY FOR LOCATIONS LIKE THIS. THEY ARE INTENDED TO BE LOCATED ON THE PRIMARY THOROUGHFARE, PRIMARY ENTRANCE TO A NEIGHBORHOOD, WHETHER SINGLE FAMILY OR MULTI-FAMILY, WHETHER IT'S NEIGHBORHOOD RETAIL OR NEIGHBORHOOD OFFICE. ONE OF THE THINGS, IF YOU LOOK CLOSELY AT NEIGHBORHOOD RETAIL, ANY OF THE USES THAT YOU MIGHT CONSIDER POTENTIALLY A PROBLEM ON THE EDGE OF A NEIGHBORHOOD, THEY ARE

[01:05:02]

LISTED AS -- WITH A C, CONDITIONAL USE PERMIT. SO IF WE WERE GOING TO PUT IN A FAST FOOD RESTAURANT, IT CAN'T HAPPEN UNTIL WE COME BACK AND GET A CONDITIONAL USE PERMIT. I BELIEVE LIQUOR SALES ARE ALLOWED IN NEIGHBORHOOD USE, BUT THAT'S LOCATE TOO CLOSE TO THE SCHOOL AND THAT'S NOT THE INTENT. BUT THERE ARE THINGS IN THERE THAT WOULD MAKE SENSE N MY OPINION, TO ALLOW THAT FLEXIBILITY MOVING FORWARD. SO THAT MY CLIENT DOESN'T HAVE TO CONTINUE TO PAY $1,500 TO COME BACK AND TALK TO YOU GUYS ABOUT THIS. AGAIN, I BELIEVE IT'S DEVELOPED IN A WAY THAT ACCOMMODATES ANY OF THE TRAFFIC CONNECTIVITY BACK TO BUFFALO GAP ROAD. THE USES THAT ARE IN NEIGHBORHOOD RETAIL ARE A LOT OF TIME WAS SPENT BACK IN 2008 WELL THAT ZONING DISTRICT WAS CREATED TO MAKE SURE THAT IT MAKES SENSE. AND IF IT DOESN'T MAKE SENSE WHERE THERE'S A USE, WE HAVE TO COME BACK AND TALK TO YOU AGAIN ANYWAY WITH A CONDITIONAL USE PERMIT. A SITE PLAN, WHICH IS ONE BUILDING CONSTRUCTED CURRENTLY, THERE ARE PAD SITES, IF YOU'VE BEEN TO THE SITE. THERE ARE PAD SITES FOR SIX TOTAL. THE USE AT HAND, THE ONE THAT'S RIGHT IN FRONT OF US IS A BOUTIQUE RETAIL, SMALL BOUTIQUE RETAIL IN ONE OF THESE BUILDINGS. THEY'RE ABOUT TO START CONSTRUCTION ON THE SECOND BUILDING. CERTAINLY THAT, I BELIEVE, IS APPROPRIATE WE BELIEVE IT'S APPROPRIATE HERE. WE WOULD ASK FOR YOUR SUPPORT. AND I'D BE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

>> AND I GUESS WHERE I WAS HEADED TO, TAL, AND I HEAR WHAT YOU'RE SAYING, NEIGHBORHOOD RETAIL WILL FIT THE WAY WE WANT TO DEVELOP IT. LIKE RANDY REMINDED US WHILE AGO, WE CAN DO WHAT WE WANT TO WITH A PD. WE COULD ADD STUFF IN THERE IF WE NEEDED TO TO CROSS OVER TO SOMETHING ELSE IF WE NEEDED TO.

IF NEIGHBORHOOD RETAIL MEETS WHAT YOU NEED, I'M OKAY WITH

THAT. >> YEAH. I THINK NEIGHBORHOOD RETAIL MEETS WHAT WE'RE LOOKING FOR.

>> OKAY. >> I DON'T KNOW THAT I'M HERE TO ADD ANYTHING SPECIFIC TO THAT WITHIN THE PD. I PERSONALLY AM NOT A BIG FAN OF PDS. THIS ONE HAS BEEN AROUND FOR A WHILE.

>> ME NEITHER. >> I'M OPERATING WITH WHAT I'VE

GOT. >> OKAY. OKAY. AND IT DOES SAY LIQUOR STORE IS A PERMITTED USE, BUT IT'S TOO CLOSE TO THE

SCHOOL. >> IT'S NOT ALLOWED. YEAH. AND I THINK IT REQUIRES CONDITIONAL USE.

>> AND THE DEVELOPER IS PROBABLY THINKING NEIGHBORHOOD OFFICE --

>> I'M SO ANY. >> THE DEVELOPER FEELS LIKE THE NEIGHBORHOOD OFFICE IS TOO LIMITED FOR SIX MORE PROBABLY BUILDINGS ON THAT SITE I WOULD ASSUME?

>> I THINK SO T CREATES MORE OPPORTUNITY. AND SOMETIMES THESE DEVELOPMENTS, YOU CAN CREATE A PRETTY CLEAR PLAN, BUT AS THINGS CHANGE AROUND YOU, YOU NEED TO CREATE MORE OPPORTUNITY I THINK THIS IS WHAT THIS DOES. SITE PLAN HAS BEEN APPROVED, DRAINAGE PLAN APPROVED. I KNOW DISCUSSION FROM LANCIUM ABOUT SITE PLANS, OUR SITE PLAN WOULD HAVE TO BE ADJUSTED IN SOME WAYS ALSO TO ACCOMMODATE MANUFACTURE THOSE USEFUL IT'S SET UP IN A WAY THAT ACCOMMODATES OFFICE AND I SET THAT UP IN A WAY THAT WOULD ALSO ACCOMMODATE THIS INDOOR RETAIL USE THAT WE HAVE IN FRONT OF US AND WE WANT TO MOVE FORWARD IT. YES, YOU'RE

RIGHT. >> APPRECIATE YOU COMING.

ANYBODY ELSE? I WILL CLOSE THE PUBLIC HEARING. I MEAN, AND IT KIND OF MAKES SENSE. THAT WHOLE CORNER IS KIND OF DEVELOPED IN THIS MANNER. THE ROADS ARE BUILT FOR IT AND THE WHOLE THEY THINK IS KIND OF DEVELOPING THIS WAY. TO ME IT KIND OF MAKES SOME SENSE. WOULD YOU LIKE TO SPEAK? OKAY.

I'LL OPEN THE PUBLIC HEARING AGAIN. SORRY. DIDN'T MEAN TO

SKIP RIGHT OVER YOU. >> I DO OWN SOME PROPERTY ON

STADIUM DRIVE. >> OKAY.

>> RENTAL PROPERTY. BUT I ALSO HAVE GRANDKIDS AT WHILE I.

>> SHE DIDN'T STATE HER NAME. >> AND THE TRAFFIC ON ANTLEY, IF YOU'RE GOING TO DO RETAIL, PLEASE HAVE HOURS THAT DO NOT COORDINATE WITH SCHOOL, BECAUSE THE TRAFFIC IS UNBELIEVABLE WITH THESE KIDS TRYING TO GET TO SCHOOL. KELLY KNOWS. AND SO, YOU KNOW, I WAS WORRIED WHEN I GOT MY LETTER THAT, YOU KNOW, THERE MIGHT BE A DUNKIN' DONUTS GOING IN AND I'D HAVE CHICK-FIL-A CARS LINED UP TO GET THROUGH DRIVE THROUGH OR SOMETHING. WE HAVE A DENTAL OFFICE THERE. BUT DENTAL OFFICES ONLY WILL ACCOMMODATE SO MANY CARS AND SO MUCH TRAFFIC.

[01:10:07]

AND THEN YOU HAVE APARTMENTS. YOU KNOW, TO HAVE A RETAIL AREA THERE, OFFICES, IS WHEN IT WENT IN, WE THOUGHT IT WAS GOING TO BE ALL OFFICES. BUT WHEN YOU START HAVING TRAFFIC WITH RETAIL, LIQUOR, OF COURSE, WAS NOT THERE AND I HOPE CIGARETTES ARE NOT THERE, BUT THESE KIDS DO NOT NEED ANY MORE DISTRACTIONS GOING IN AND OUT OF SCHOOL AND TO HAVE RETAIL STORES AND THINGS LIKE THAT RIGHT THERE, I MEAN, IT'S RIGHT THERE AT THE STADIUM IF Y'ALL HAVE BEEN OUT THERE, YOU KNOW. HOPEFULLY A DOLLAR STORE OR SOMETHING LIKE THAT WON'T GO IN. WE JUST REALLY NEED LESS TRAFFIC. AND OFFICES WOULD PROVIDE THAT.

>> STATE YOUR NAME AND ADDRESS, PLEASE.

>> I'M DIANE COLE, AND MY PROPERTY IS 6302 STADIUM.

>> THANK YOU, DIANE. APPRECIATE IT. MASON, ACTUALLY IS AN ARTERIAL. RIGHT? IT'S TWO LANES GOING EACH WAY WITH A DIVIDER IN THE MIDDLE? OH IT'S BUILT OUT FOR THE TRAFFIC ON IT THANKS, ALEX, FOR COMING. OKAY ANYBODY ELSE LIKE TO ADDRESS THIS I WILL CLOSE THE PUBLIC HEARING. ANY DISCUSSION?

>> WELL, JUST ALSO SAY TO MS. GOAL, JUST SO YOU KNOW, THE FAST FOOD RESTAURANT IS A CONDITIONAL -- WOULD REQUIRE CONDITIONAL USE PERMIT. SO ANYTHING LIKE THAT, THEY WOULD HAVE TO COME BACK TO US AND WE WOULD HAVE TO DETERMINE WHETHER WE THOUGHT THAT WOULD FIT, SO ANY SORT OF FAST FOOD WOULD BE CONDITIONAL, NOT JUST PERMITTED THEY WOULD HAVE TO COME BACK.

>>

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

>> SECOND. >> A MOTION AND A SECOND TO

APPROVE. >> MR. BARNETT?

>> YES. >> MR. HALLIBURTON?

>> YES. >> REVEREND LANGFORD?

>> YES. >> MS. PHLEGM LACKING YES.

>> AND MR. ROSENBAUM? >> YES.

>> AND THE MOTION TO APPROVE CARRIES.

>> GREAT. THANK

* This transcript was compiled from uncorrected Closed Captioning.