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1 >>> I'M GOING TO GO AHEAD AND CALL THIS MEETING OF THE PLANNING AND ZONING

[1.  Call to Order]

[00:00:04]

2 COMMISSION TO ORDER.

[2.  Invocation]

3 WE GENERALLY START WITH A PRAYER.

4 I'LL ASK REVEREND LANGFORD IF HE'LL GIVE US AN INVOCATION, PLEASE.

5 >> GOD, WE COME FIRST TO THANK YOU.

6 WE THANK YOU FOR THIS DAY.

7 A BEAUTIFUL DAY WHEN WE COMPARE IT WITH YESTERDAY.

8 BUT WE THANK YOU, GOD, EVEN THOUGH WITH THE COLD, COLD WEATHER IN THE TEENS.

9 WE THANK YOU BECAUSE YOU STILL HAVE ALL POWER.

10 YOU SET THE FREEZING TEMPERATURE BUT YET YOU KEPT THE RAIN AND ALL THE 11 DEW, WHATEVER THEY COULD HAVE MADE, EVEN BLACK ICE.

12 YOU KEPT IT AWAY.

13 WE SAY THANK YOU AND, GOD, WE THANK YOU FOR GIVING US ALL COMFORT AND DWELLING SO 14 WE ARE ABLE TO ENDURE YOUR WORK.

15 GOD, WE COME ASKING YOU TO REMEMBER THOSE NOT AS FORTUNATE AS WE ARE.

16 THERE ARE SOME ON BRIDGES AND SOME IN HOMES AND APARTMENTS WITH NO 17 UTILITIES.

18 WE PRAY, GOD, SOME WAY, SOMEHOW THAT SOMEONE WILL REACH OUT TO THEM.

19 ESPECIALLY THE ONES SEEKING HELP.

20 AND THOSE THAT HAVE LOST THEIR WAY.

21 TOUCH THEM, WE PRAY.

22 AND, GOD, WE ASK YOU TO BLESS OUR NATION.

23 OUR STATE AND OUR CITY.

24 BLESS ALL OF OUR ELECTED OFFICIALS AND, GOD, WE PRAY THAT IN THIS MEETING, WE'RE 25 GATHERED HERE AND THAT YOU ALLOW YOUR HOLY SPIRIT TO DWELL AMONG US SO THAT WE 26 CAN DO THINGS THAT ARE DECENT AND IN ORDER.

27 AND IF ANYONE AMONG US THAT HAVE AN ISSUE, BE IT HEALTH, MONETARY, WHATEVER 28 IT MIGHT BE, YOU KNOW WHO THEY ARE AND WHAT THE ISSUES ARE SO WE ASK YOU TO 29 MOVE AND BLESS AS ONLY YOU CAN.

30 PLEASE BLESS ALL OF US.

31 WE ASK YOU, WE PRAY, AMEN.

32 >> MR. FAMBLE: AMEN.

33 THE PLANNING AND ZONING COMMISSION IS THE FINAL AUTHORITY FOR THE APPROVAL 34 OF PLATS.

35 HOWEVER, IT ACTS ONLY AS RECOMMENDING BOARD TO THE CITY COUNCIL ON MATTERS OF 36 ZONING.

37 THE DECISIONS OF THIS BOARD MAY BE APPEALED TO THE CITY COUNCIL RR THROUGH THE 38 OPPOSITE CITY SECRETARY NO LATER THAN TEN DAYS FROM THE DATE OF THIS MEETING 39 AND ALL APPEALS MUST BE MADE IN WRITING.

40 THE PUBLIC IS INVITED TO SPEAK ON ANY ITEM UNDER DISCUSSION BY THE PLANNING 41 COMMISSION AFTER RECEIVING RECOGNITION BY THE CHAIR.

42 THOSE WISHING TO BE HEARD SHALL APPROACH THE PODIUM, STATE YOUR NAME, AND YOUR 43 PURPOSE FOR APPEARING.

44 EACH SPEAKER IS REQUESTED TO LIMIT THE PRESENTATION TO NO MORE THAN FIVE MINUTES.

45 ADDITIONAL TIME MAY BE GRANTED AT THE DISCRETION OF THE CHAIR.

46 FIRST ITEM ON THE AGENDA IS THE APPROVAL OF OUR MINUTES FROM OUR PREVIOUS FEBRUARY

[3.  Minutes]

47 5 MEETING.

48 HAVE ALL THE COMMISSIONERS HAD A CHANCE TO READ THOSE MINUTES? 49 DO THEY NEED ANY CORRECTIONS OR REVISIONS OR I'LL ENTERTAIN A MOTION TO 50 APPROVE.

51 >> MOTION TO APPROVE.

52 >> SECOND.

53 >> MR. FAMBLE: MOTION TO APPROVE AND A SECOND.

54 ALL IN FAVOR SAY AYE? 55 56 THANK YOU.

[4.  Plats:]

57 WE ARE READY FOR PLATS.

58 >>> ZACK RAINBOW.

59 THERE ARE THREE PLATS FOR YOUR CONSIDERATION TODAY THAT HAVE MET ALL THE 60 SUBDIVISION REQUIREMENTS AND STAFF IS RECOMMENDING APPROVAL.

61 FIRST ONE IS FP-2017 SECTION 1, ALLEN RIDGE SUBDIVISION AT THE NORTHEAST CORNER OF 62 AMBLER AND JUDD BOULEVARD BEING FINAL PLATTED INTO TWO LOTS FOR A NEW 63 DEVELOPMENT -- PLOTS FOR A NEW DEVELOPMENT.

64 THIS IS FP-5118.

65 A PLAT OF LAKE ROCK TRAILS AT TEAM RANCH ADDITION.

66 13 TOTAL LOTS EAST OF THE LAKE.

67 AND ACROSS FROM THE GUN CLUB.

68 THIS IS PRELIMINARY PLAT 0319.

69 TAYLOR SUBDIVISION.

70 SOUTH OF NORTHEAST TENTH.

71 THESE ARE TWO LARGE LOTS, TWO OF THEM TOGETHER.

72 LOT ONE WILL BE THE NEW LOCATION OF THE PROPOSED TAYLOR ELEMENTARY SCHOOL.

73 AND WITH THAT, I'D BE HAPPY TO ANSWER ANY QUESTIONS.

74 >> IS THERE ANY SPECIAL THINGS THAT GO ALONG WITH THE LAKE LOTS? 75 THERE WAS A LOT OF DISCUSSION ABOUT THAT BEFORE.

76 >> SPEAKER: LOT SIZE, THEY DO HAVE TO MEET A HALF ACRE MINIMUM.

77 RURAL RESIDENTIAL IS A ONE-ACRE LOT.

78 THEY'LL MEET THE MINIMUM FOR SEPTIC AND THEY HAVE CONSTRUCTED ALL THE PUBLIC 79 INFRASTRUCTURE WHICH IS THE STREETS AND ANY UTILITIES LAID OUT THERE, YES.

[00:05:06]

80 >> MR. FAMBLE: ANY OTHER QUESTIONS? 81 THANK YOU, SIR.

82 I'LL OPEN THE PUBLIC HEARING.

83 WOULD ANYONE CARE TO SPEAK TO ANY OF THE PLATS? 84 PLEASE COME FORWARD.

85 SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING.

86 DISCUSSION FROM THE COMMISSION OR A POSSIBLE MOTION?

87 >> MOTION APPROVED.

88 >> MR. FAMBLE: HAVE A MOTION TO APPROVE.

89 >> SECOND.

90 >> MR. FAMBLE: AND A SECOND.

91 >> MR. SMITH?

92 >> MR. SMITH: YES.

93 >> MR. LANGFORD: YES.

94 >> MR. ROSENBAUM: YES.

95 >> MR. CALK: YES.

96 >> MR. FAMBLE: YES.

97 >> AND THE MOTION TO APPROVE CARRIES.

98 >> MR. FAMBLE: BEFORE WE GET INTO OUR ZONING CASES, I NEED TO ANNOUNCE IF YOU ARE 99 HERE FOR CASE Z2019-14, THE CASE FOR -- ABOUT NICK COATES, THAT CASE WILL NOT 100 BE HEARD TODAY.

101 IT HAS BEEN PULLED.

102 DUE TO A NOTIFICATION ISSUE SO WE WON'T BE HEARING THAT CASE IF YOU'RE HERE FOR 103 THAT TODAY.

104 ZERO 4.

105 SORRY.

106 -04.

107 THAT'S WHAT I GET FOR CLEANING MY CLASSES.

108 >> WILL IT COME BACK UP?

109 >> MR. FAMBLE: I'M NOT TOLD.

110 STAFF?

111 >> WE'RE PLANNING ON RENOTIFYING AND BRINGING IT TOWARDS THE NEXT MEETING IN 112 APRIL.

113 >> MR. FAMBLE: S NOTIFICATION WILL BE SENT OUT FOR THE APRIL MEETING.

114 >> THEY'LL RENOTIFY JUST LIKE THE LAST MEETING.

[a.  CUP-2019-02 Public hearing and possible vote to recommend approval or denial to City Council on a request from the Abilene ISD, for Conditional Use Permit to allow a new track-and-field complex on property zoned Agricultural Open Space (AO). Legal description being 18 acres out of southeast quarter of Blind Asylum Lands Section 47 in Abilene, Taylor County, Texas and located on the grounds of Shotwell Stadium at 1350 Expo Drive]

115 >> MR. FAMBLE: THANK YOU.

116 FIRST CASE, CUP-2019-02.

117 PUBLIC HEARING AND POSSIBLE VOTE TO RECOMMEND APPROVAL OR DENIAL TO THE CITY 118 COUNCIL ON A REQUEST FROM THE ABILENE INDEPENDENT SCHOOL DISTRICT FOR 119 CONDITIONAL USE PERMIT TO ALLOW A NEW TRACK AND FIELD COMPLEX ON PROPERTY ZONED 120 AGRICULTURAL OPEN SPACE OA.

121 LEGAL DESCRIPTION BEING 18 ACRES OUT OF SOUTHEAST QUARTER OF BLIND ASYLUM 122 LAND SECTION 47 IN ABILENE, TEXAS.

123 LOCATED ON THE GROUNDS OF THE SHOTWELL STADIUM AT 1350 EXPO DRIVE.

124 >> SPEAKER: GOOD AFTERNOON.

125 THIS IS THE REQUEST TO ALLOW RECREATIONAL OUTDOOR ACTIVE USES ON A PURPOSE THAT IS 126 AGRICULTURAL OPEN SPACE.

127 WE HAVE ONE IN FAVOR, TWO OPPOSED.

128 HERE IS AN AERIAL TO SHOW YOU THE LOCATION OF THE PROJECT.

129 THE NORTHERN MOST BOX IS ACTUALLY WHERE THE TRACK AND FIELD IS GOING.

130 THERE ARE DESIGNS FOR THE SOUTHERN LOT AS WELL BUT SINCE SHOTWELL IS ALREADY 131 LOCATED ON THE LOT, THEY DON'T NEED CONDITIONAL USE FOR THAT USE.

132 HERE IS THE ZONING WHERE THE LOT IS INDEED AGRICULTURAL OPEN SPACE SURROUNDED BY 133 SINGLE-FAMILY RESIDENCES.

134 HERE IS THE EXISTING LAND USE SHOWING IT'S A PUBLIC/SEMI-PUBLIC AREA AND 135 THE SCHOOL DISTRICT OWNS IT.

136 HERE IS THE CONCEPT PLANS TO SEE THE TRACK AND FIELD TO THE NORTH AND HOW IT'S 137 SITUATED ADJACENT TO THE PARKING LOT.

138 GIVE YOU A CHANCE TO LOOK THAT OVER.

139 HERE IS A NOTIFICATION MAP.

140 WE RECEIVED TWO IN OPPOSITION ADJACENT TO THE PROPERTY AND ONE IN FAVOR 141 TO THE SOUTH.

142 >> HAYDEN? 143 HOW COME IT GOES WAY PAST THE PROPERTY?

144 >> SPEAKER: WE ERR ON THE SIDE OF CAUTION AND NOTIFY ALL THE BOUNDARIES IN 145 SHOTWELL AND ALL THE SCHOOL OWNS THERE.

146 IT'S A NOTIFICATION.

147 BUT --.

148 >> MR. FAMBLE: MORE THAN 300 FEET?

149 >> SPEAKER: WE USE 200 FEET FOR EVERYTHING THE SCHOOL DISTRICT OWNS THERE.

150 THE NORTHERN MOST PROPERTY IS THE ACTUAL PROPERTY THAT IS SEEKING THE USE.

151 THE SOUTHERN MOST PROPERTY IS STILL PART OF THE SHOTWELL COMPLEX, HOWEVER, 152 IT'S NOT REQUESTING USE.

153 >> SO PROBABLY ONLY ONE IN THE NOTIFICATION.

154 >> SPEAKER: CORRECT.

155 ONE LEGALLY -- WITHIN 200 FEET AND THE OTHER ARE OVERNOTIFIED.

156 HERE IS IMAGES OF THE SURROUNDING PROPERTY AND THE SUBJECT PROPERTY.

157 IT'S CURRENTLY A VACANT LOT AND YOU CAN SEE THE HOUSES IN THE DISTANCE.

158 SOME IMAGES OF THE SHOTWELL PARKING LOT AS WELL AS THE EXPO CENTER IN THE 159 DISTANCE.

160 THEN THE BOTTOM RIGHT, YOU CAN SEE THE CURRENT SHOTWELL STADIUM.

161 THE REQUEST IS CONSISTENT WITH THE SECTION 1435 WHICH IS CONDITIONS FOR 162 OCCASIONAL USE PERMITS.

163 CITY STAFF RECOMMENDS APPROVING FOR RECREATION OUTDOORS ACTIVE.

164 HOWEVER, STAFF DOES RECOMMEND COMPLIANT WITH DEVELOPMENT ON THE WEST 165 SIDE WHICH IS ADJACENT TO THE RESIDENCES SHOULD HAVE MINIMUM 25-FOOT SETBACK.

166 LIGHTING SIMILAR TO NEARBY NEIGHBORHOODS.

167 THE HOURS OF OPERATION SHOULD BE RESTRICTED TO RETAIL AS WELL WHICH IS 168 8:00 A.M.

[00:10:01]

169 TO 11:00 P.M.

170 >> WHAT ABOUT ANY PA SYSTEM OR ANYTHING THERE?

171 >> SPEAKER: I'M ASSUMING IT WOULD BE SIMILAR TO WHAT'S AT SHOTWELL CURRENTLY.

172 AND THAT'S -- OUT THERE AS WELL IF YOU WANT TO ADD THAT CONDITION.

173 ANY QUESTIONS?

174 >> MR. FAMBLE: ANY OTHER QUESTIONS? 175 THANK YOU, SIR.

176 I'LL OPEN THE PUBLIC HEARING.

177 ANYONE CARE TO SPEAK TO THIS ITEM, PLEASE COME FORWARD.

178 >> GOOD AFTERNOON, MR. CHAIRMAN.

179 MY NAME IS DAVID PODD, 402 CEDAR HERE TO REPRESENT THE SCHOOL DISTRICT TODAY.

180 GIVE YOU A LITTLE BACKGROUND.

181 THE DISTRICT PURCHASED THIS PROPERTY, THE WHOLE 48 ACRES, PURCHASED THE 182 PROPERTY JULY 14, 1958.

183 I WAS WALKING ONE DAY OLDER THAN MY SEVENTH BIRTHDAY WHEN THEY BOUGHT THIS.

184 SO IT'S -- I'M FIXING TO TURN 68.

185 SO IT'S BEEN THERE FOR A WHILE.

186 THE PROPERTY HAS A LONG AND STORIED HISTORY AS AN ATHLETIC COMPLEX.

187 MR. ROSENBAUM AND I REFEREED SEVERAL GAMES IN THE FACILITY WHEN WE WERE DUMB 188 ENOUGH TO DO THAT.

189 AND HAVE BEEN IN THAT STADIUM MANY TIMES.

190 OVER THE NEW YEARS, THERE HAVE BEEN NUMEROUS PROJECTS TO DO IMPROVEMENTS LIKE 191 SYNTHETIC TOUGHER ON THE FIELD -- TURF ON THE FIELD, NEW BATHROOMS AND 192 CONCESSIONS AND THE PAID PARKING LOT THAT THEY -- REMEMBER THAT USED 193 TO BE DIRT AND GRASS OUT THERE, MOST OF THE PARKING LOT.

194 SO YOU CAN SEE ALL THE PAVING THAT HAS TAKEN PLACE.

195 THIS CONDITIONAL USE PERMIT IS BEFORE YOU TODAY FOR THE NEXT EXPANSION FOR THE 196 ATHLETIC COMPLEX ON THE 18 ACRES TO THE NORTH.

197 THE RECENT BOND ISSUE PASSED IDENTIFIED THE PROJECT AT THIS LOCATION WITH THE 198 TRACK AND FIELD.

199 THE FOOTBALL FIELD AND SOCCER, RUNNING TRACK, THE GRAND STANDS, PRESS BOX, 200 CONCESSION STANDS, RESTROOMS, LIGHTS.

201 WHICH WAS OVERWHELMINGLY APPROVED BY ABILENE WHEN THIS WAS PASSED.

202 THE CONCEPTIONAL SITE PLAN BEFORE YOU IS THE ONE THAT THE SCHOOL DISTRICT HAD 203 USED IN THE PRESENTATION FOR INFORMATION IN THE BOND PACKAGE.

204 THAT HAS NOT CHANGED.

205 THE DISTRICT DOES CONCUR WITH THE THREE RECOMMENDATIONS THAT THE 206 STAFF MADE, THE 25-FOOT SETBACK ON THE PROPERTY LINE SHIELDING THE LIGHTS AND 207 HOURS OF OPERATION BETWEEN 6:00 A.M.

208 AND 11:00 P.M.

209 WE ARE REQUESTING THE APPROVAL OF THE CONDITIONAL USE PERMIT FROM YOU GUYS SO 210 THAT WE CAN MOVE FORWARD WITH THE DESIGN AND PROJECT AND ULTIMATELY CONSTRUCTION 211 OF IT.

212 TODAY WITH ME, THERE ARE SEVERAL REPRESENTATIVES FROM THE SCHOOL DISTRICT 213 AND THE ARCHITECTURAL DESIGN TEAM TO ANSWER ANY QUESTIONS YOU MAY HAVE THAT 214 I MAY NOT BE ABLE TO ANSWER.

215 SO AT THE TIME BE GLAD TO ANSWER ANY QUESTIONS OR QUESTIONS AFTER FURTHER 216 TESTIMONY.

217 >> I GOT TWO QUESTIONS, DAVID.

218 FIRST OFF, ON THE LIGHT SPILL OVER, I'M NOT SURE HOW YOU DO THAT 219 WITH -- THIS WOULD BE BIG MASS LIGHTING, RIGHT? 220 SOME OF IT HAS TO POINT BACK TO THE WEST.

221 >> WELL, I DON'T KNOW -- I'M NOT THE LIGHTING EXPERT.

222 I'M SURE THAT YOU HAVE A LIGHTING CONSULTANTS THAT THEY'VE GOT OR HOWEVER THEY 223 DO THAT.

224 I DON'T KNOW.

225 SOMEONE FROM THE ARCHITECTURAL TEAM IS HERE TO ANSWER THAT QUESTION.

226 >> AND I ASKED ABOUT THE PA SYSTEM.

227 I DON'T KNOW HOW YOU DO ANYTHING WITH THE PA SYSTEM BUT -- >> WELL, AND I'M NOT 228 SURE ABOUT WHETHER THERE WILL BE A PA SYSTEM OR NOT.

229 THAT'S SOMETHING SOMEBODY ELSE CAN MAYBE ANSWER.

230 BUT THIS IS GOING TO BE SUB-VARSITY AND JUNIOR HIGH TYPE FACILITIES GOING ON 231 THERE.

232 SO IT WON'TB BE -- OBVIOUSLY IT WILL NOT BE AS BUSY AS A FRIDAY OR SATURDAY NIGHT 233 WHEN YOU HAVE A REGULAR GAME GOING ON THERE.

234 >> DAVID, DOES THE GRAND STAND HAVE A SOLID BACK ON IT? 235 WITH EVERYTHING FACING THE -- TRACK I ASSUME?

236 >> NOT SURE ABOUT THE GRAND STAND.

237 SOMEBODY CAN ANSWER THAT.

238 I DON'T KNOW IF IT WILL BE OPEN BLEACHERS OR HAVE A SOLID BACK ON IT.

239 >> MR. FAMBLE: HE IS RIGHT BEHIND, YOU DAVID.

240 OTHER SIDE.

241 >> THERE HE IS.

242 >> I'M HERE TO ADDRESS A COUPLE QUESTIONS.

243 THE FIRST ONE WITH REGARD TO THE LIGHTING.

244 THE LIGHT FIXTURES THEMSELVES WILL BE APPROXIMATELY 60 FOOT FROM 245 THE PROPERTY LINE.

246 THEY'RE CONSIDERED A ZERO CUT-OFF LIGHT FIXTURE.

[00:15:02]

247 THE LIGHTING DESIGNS TO DATE HAVE BEEN VERY SUCCESSFUL IN CUTTING OFF THE LIGHT 248 FROM NEIGHBORING HOMES AND PROPERTIES.

249 THERE IS A LIGHT CALCULATION THAT IS DONE TO BE ABLE TO ADDRESS THAT.

250 SO WE FEEL VERY CONFIDENT WE'RE ABLE TO CONTROL THAT LIGHT.

251 THE OTHER QUESTION WITH REGARD TO THE PRESS BOX AND THERE WILL BE A FULLY 252 ENCLOSED PRESS BOX.

253 AND THAT'S KIND OF THE PURPOSE OF THE DESIGN.

254 TRYING TO MAKE SURE WE FACE EVERYTHING AWAY FROM THE NEIGHBORS.

255 SO THE PA SYSTEM AND THE LIGHTING AND TRYING TO GET EVERYTHING TO POINT AWAY 256 FROM THE NEIGHBORS.

257 IT'S A FULLY ENCLOSED PRESS BOX AND THERE IS A VIEWING AREA ON TOP OF THAT PRESS 258 BOX THAT HAS THREE SIDES AS WELL.

259 SO THERE IS NO -- NOT THE ABILITY TO LOOK DOWN OR SEE IN ANYONE'S PROPERTY FROM 260 THE PRESS BOX AREA.

261 >> WHAT CONSTRUCTION?

262 >> A METAL BOX ENCLOSURE.

263 STEEL ENCLOSURE WITH METAL SIDING AND SMALL AIR CONDITIONING SYSTEM.

264 >> WHAT'S THE HEIGHT OF THE PRESS BOX? 265 TOP OF IT.

266 >> TO THE TOP OF THE PRESS BOX, I'D SAY -- IN THE WAY THE BLEACHERS AND 267 EVERYTHING ARE CONFIGURED, WE'LL TRY TO DO A MUCH MORE ELONGATEED CONFIG YFRGZ AND 268 KEEP THE BLEACHERS LOWER THAN WHAT YOU MAY TYPICALLY SEE.

269 I WOULD SAY THE TOP OF THE PRESS BOX IS PROBABLY 20-FOOT.

270 25 FOOT TO THE STOP OF THE PRESS BOX.

271 -- TO THE TOP OF THE PRESS BOX.

272 .

273 >> MR. FAMBLE: ANY OTHER QUESTIONS? 274 THANK YOU, SIR.

275 MR. TODD, DID YOU GET FINISHED?

276 >> YES, SIR.

277 I'M FINISHED.

278 UNLESS YOU HAVE ANY OTHER QUESTIONS.

279 >> MR. FAMBLE: YES, SIR.

280 DIDN'T WANT YOU TO THINK WE WERE IGNORING YOU.

281 ANYONE ELSE CARE TO SPEAK TO THIS ITEM?

282 >> JUST REAL QUICK, SCOTT MCCLAIN, ABILENE ISD.

283 THE QUESTION IS REGARDING THE PA SYSTEM AND AS WAS MENTIONED, TYPICALLY 284 THEY'LL BE SUB-VARSITY EVENTS GOING ON SO TYPICALLY DO NOT UTILIZE PA SYSTEM 285 FOR THOSE EVENTS.

286 THERE WILL BE TRACK MEETS THERE SO -- WE'LL BE USED SO LIMITED THREE, FOUR 287 TIMES A YEAR.

288 >> MR. FAMBLE: THANK YOU, SIR.

289 ANYONE ELSE CARE TO SPEAK TO THIS ITEM?

290 >> GOOD AFTERNOON.

291 MY NAME IS RICHARD LASURE.

292 I'M ON THE FENCE.

293 I HAVE NO ISSUES WITH THE COMPLEX.

294 WHAT I HAVE ISSUES WITH IS THE DRAINAGE.

295 THE WATER DRAINAGE RUNOFF COMING FROM THE NORTH TO THE SOUTH AND IF THAT COULD 296 BE ADDRESSED BY THE PEOPLE HERE.

297 WE HAVE HAD ISSUES IN THE PAST.

298 >> MR. FAMBLE: OKAY.

299 WE'LL SEE IF WE CAN GET SOMEBODY TO RESPOND.

300 THANK YOU, SIR.

301 ANYONE CARE TO -- MR. 302 TODD? 303 ANYBODY FROM YOUR TEAM?

304 >> THE DRAINAGE AS HE MENTIONED, IT COMES OFF OF THE -- THAT -- WHAT I'LL 305 CALL THE NORTHEAST PARK.

306 IT GOES ACROSS A DRAINAGE SWELL TO THE SIDE OF THE TRACK AND THEN TURNS TO THE 307 WEST THERE AND GOES SOUTH AND ALONG THAT OUTSIDE PARKING LOT.

308 THAT DRAINAGE PATTERN AS FAR AS I KNOW HAS BEEN ESTABLISHED AND BEEN THERE 309 FOR A LONG TIME.

310 TO THE SOUTH, THERE IS A LARGE REGIONAL DETENTION FACILITY FOR THE ENTIRE 311 COMPLEX AND CONTROLS IT GOING INTO THE LAKE.

312 THERE IS -- COULD BE OR SHOULD BE ROOM TO MAKE IMPROVEMENTS ALONG THE WEST 313 PROPERTY LINE UNTIL WE GET DOWN TO THE PARKING LOT TO THE SOUTH THERE.

314 >> MR. FAMBLE: ANY OTHER QUESTIONS? 315 THANK YOU, SIR.

316 ANYONE ELSE CARE TO SPEAK TO THIS ITEM? 317 COME ON, SIR.

318 >> I'VE LIVED IN THAT HOUSE FOR OVER 20 YEARS.

319 AND AT ONE TIME, THE BERM WAS THE RETENTION BERM WAS PUT IN AROUND THE SOUTH 320 END.

321 AND ALONG OUR FENCE LINE.

322 AND WHEN THAT WAS PUT IN, WE HAD SOME SEVERAL RAINS AFTER THAT.

323 THAT WOULD -- THAT ACTUALLY CHANGE THE -- THE BERM CHANGED THE DRAINAGE FROM 324 DRAINING DOWN INTO THE FIELD TO DRAINING DOWN ON THE WEST SIDE OF THE BERM IN 325 THROUGH OUR YARD AND I ASSUME OTHER PEOPLE'S YARDS.

[00:20:06]

326 WE HAD HAD STANDING WATER AND FLOWING WATER COMING THROUGH.

327 ANDTHEN THE SCHOOL DISTRICT WAS NOTIFIED AND A TRENCH WAS PUT BETWEEN OUR FENCE 328 AND THE BERM WHICH ALLEVIATED THAT PROBLEM.

329 I WANTED TO BRING THAT TO YOUR ATTENTION.

330 THAT COULD BE A PROBLEM WITH FUTURE DEVELOPMENT.

331 >> MR. FAMBLE: THANK YOU VERY MUCH, SIR.

332 ANYONE ELSE CARE TO SPEAK TO THIS ITEM? 333 SEEING NO ONE, I'LL CLOSE THE PUBLIC -- OH, I'M SORRY.

334 COME ON, SIR.

335 HAVEN'T CLOSED IT YET.

336 >> HI.

337 I'M DARRYL REED.

338 >> MR. FAMBLE: WHAT'S YOUR ADDRESS?

339 >> 1318 KINGSBURY ROAD.

340 >> MR. FAMBLE: THANK YOU.

341 >> I HAD QUESTIONS AND/OR CONCERNS.

342 ONE WAS THE SAME AS HE BROUGHT UP.

343 THERE IS A LARGE BERM AND A DRAINAGE DITCH THAT GOES PRETTY MUCH FROM SOUTH 11TH 344 ALL THE WAY TO LIDLE WAY.

345 SO WHERE THE PROPOSED -- IF WE COULD FLIP WHERE THE YELLOW GRAND STAND IS, 346 THERE IS, YOU KNOW, I KNOW THEY SAID THERE WOULD BE A 25-FOOT SET BACK FROM THE 347 PROPERTY LINE.

348 AND SO WHERE THAT STADIUM IS, I DON'T SEE THAT REALLY BEING 25 FEET FROM THE 349 PROPERTY LINE.

350 BUT THAT AREA -- PART OF THAT IS A DRAINAGE DITCH AND IT RUNS ALL THE WAY AND 351 YOU SEE THAT ROAD WHERE IT SAYS CONCESSION STAND AND RESTROOMS BUILDING? 352 IT'S A ROCKY FIXTURE.

353 THAT -- THAT DRAINS ALSO INTO THAT BERM OR OUT OF THAT BERM AND SO THERE IS 354 DRAINAGE-RELATED ISSUES.

355 I DON'T KNOW IF A STUDY HAS BEEN DONE BECAUSE IT FLOODS MANY YARDS PRESENTLY.

356 STILL.

357 SOME PEOPLE I KNOW HAVE A PUMP TO PUMP IT OUT OF THEIR BACKYARD TO GET 358 IT -- BECAUSE IT SATURATES THE GROUND.

359 THIS IS WHERE THE SHOT-PUT AND DISCUS ARE.

360 BASICALLY A HOLDING POND.

361 AND SO I DON'T KNOW IF THAT AREA GETS DEVELOPED AND MOVE MOVED -- MOVED UP, 362 WHAT THE WATER WILL DO.

363 IT WOULD NEED AN ENGINEERING STUDY I ASSUME TO MAKE SURE -- AND I'D LIKE TO SEE 364 IT, YOU KNOW, BECAUSE IT IS AFFECTING -- PRESENTLY AFFECTS MANY HOUSES AND ANY 365 DEVELOPMENT.

366 IT SLOPES TO THAT PARKING LOT -- SLOPES TO THE WEST.

367 AND SO IT ALL DRAINS DOWN AND IT'S WATER-FILLED AND MUDDY MOST OF THE TIME.

368 THAT SHOT-PUT AND DISCUS AREA STAYS MUDDY A LOT OF THE TIME.

369 AND I DON'T KNOW -- SO -- I WOULD LIKE TO ASK FOR AN ENGINEERING STUDY TO FIGURE 370 OUT WHERE THE WATER WILL GO AND BE DIVERTED WHERE IT'S CAPTURED AND MOVED.

371 BECAUSE THAT 25-FOOT SETBACK PROBABLY MOST OF THAT IS A BIG DITCH.

372 AND A DRAINAGE DITCH.

373 SO IS THAT A -- FEASIBLE TO GET A -- SHOULD THAT BE DONE BEFORE ANY 374 RECOMMENDATION IS MADE?

375 >> WELL, MR. REED, WHAT'S BEFORE US IS THE ZONING CASE.

376 THE COMMISSIONER USE PERMIT BUT THIS REQUIRES (INAUDIBLE) AND DRAINAGE 377 STUDY.

378 >> YEAH.

379 THAT NO ADDITIONAL WATER IS ABLE TO FLOW OFF ON TO THE ADJACENT PROPERTIES.

380 SO ASSUMING MR. TYLER IS WORKING ON THAT AND WORKING OUT THE DRAINAGE.

381 >> YEAH.

382 BECAUSE OF THE CRITERIA THAT GOES ALONG OTHER THAN THE ZONING CASE, THIS REQUIRES 383 SITE PLANNING AND DRAINAGE STUDY SO YOU'LL GET ALL OF THAT DONE AND COMPLETED IN 384 THE ENGINEERING PROCESS.

385 >> THE NEXT CONCERN I HAVE IS THE PROXIMITY TO HOUSING.

386 THE PROPERTY LINE, ESPECIALLY WHERE THE GRAND STAND IS LOCATED, 387 AND -- AND EVEN ALL THE WAY DOWN.

388 SOME PLACES, YOU KNOW, THERE IS HOMES AND STRUCTURES AND SWIMMING POOLS WITHIN 15, 389 20 FEET OF THE PROPERTY LINE.

390 AND YOU CAN SEE SOME SWIMMING POOLS AND I DON'T KNOW IF THAT AREA WILL BE 391 OPEN TO PEOPLE WONDERING AROUND -- WANDERING AROUND.

392 IF IT WILL BE FENCED OFF.

393 REGARDLESS, THE PROXIMITY OF THE GRAND STANDS WILL IMPACT THOSE -- THE 394 BACKYARD OF THESE PEOPLE'S HOMES.

395 AND IT'S REALLY NOT MORE THAN 15 OR 20 FEET TO THE PROPERTY LINE AND I THINK 396 THAT'S A -- THAT'S KIND OF A DISTRACTION.

397 A LARGE DISTRACTION TO A LOT OF NEIGHBORS.

[00:25:04]

398 WE JUST GOT THIS NOTICE MAYBE TEN DAYS AGO SO I DON'T THINK THE 399 NEIGHBORHOOD WAS REALLY ABLE TO GET IT, UNDERSTAND IT AND RESPOND.

400 WE GOT THREE RESPONSES.

401 SO I HEARD SOME PEOPLE TALKING BUT THE TIME, HOW QUICK IT CAME TOGETHER, I 402 KNOW PROBABLY RESULTED IN FEWER PEOPLE BEING INTERESTED IN COMING HERE.

403 BUT THE NOISE AND THE LIGHTING IS REALLY CLOSE TO A 40-YEAR-OLD ESTABLISHED 404 NEIGHBORHOOD THAT'S HAD A HISTORY BEING OPEN LAND.

405 NOW IT'S GOING TO BE IN THEIR BACKYARD PRACTICALLY AND ESPECIALLY WITH THE 406 STADIUM -- OR THE GRAND STAND.

407 AND THE -- AND THE UTILITY EASEMENT IS ON THE PROPERTY LINE TO THE RESIDENCES.

408 SO THERE IS FENCES, FENCING.

409 BUT THE EASEMENT GOES TOWARDS THE HOMES.

410 BUT I DO KNOW PRESENTLY WE GET NUMEROUS BUCKET TRUCKS AND UTILITY TRUCKS COMING 411 UP FROM THIS AREA TO WORK ON ELECTRIC BOXES AND COBBLE BOXES AND I DON'T 412 KNOW IF THEY'LL HAVE ACCESS THROUGH PEOPLE'S YARDS FROM THE RESIDENTS IF THEY'LL 413 PREVENT THOSE FROM ACCESSING UTILITIES DUE TO THE IMPROVEMENTS.

414 SO DOES ANYBODY HAVE ANY -- WHAT WILL HAPPEN WITH THE UTILITY --.

415 >> MR. FAMBLE: I'LL GO BACK AND REFER WITH MR. ROSENBAUM.

416 WHAT'S BEFORE US IS A CONCEPTUAL SITE PLAN.

417 AND ALL OF THE DETAILS THAT YOU HAVE ADDRESSED AND THAT YOU MENTIONED, MR. TODD, 418 THE ENGINEERING TEAM WILL ADDRESS THAT ACCORDING TO ANY RULES THAT ARE 419 ALREADY -- AND SPECIFICS ALREADY IN PLACE.

420 I'M NOT ANE NEAR BUT I DO UNDERSTAND THE BASICS OF THE PROCESS.

421 ALL OF THOSE CONCERNS WILL BE ADDRESSED -- >> BY WHOM?

422 >> BY THE CITY ENGINEERS.

423 >> MR. FAMBLE: RIGHT.

424 >> SO WILL THE NEIGHBORHOOD PEOPLE BE ABLE TO HAVE INPUT OR SEE THAT OR -- OR, 425 YOU KNOW, SAY THAT'S NOT ACCEPTABLE NOW.

426 WE DIDN'T REALIZE THIS.

427 OR, YOU KNOW, WE FEEL LIKE IT'S GOING TO IMPACT US DIFFERENTLY? 428 HOW DO WE HAVE INPUT INTO THAT WHETHER, YOU KNOW, IT'S SOMETHING THE 429 NEIGHBORHOOD WANTS IF WE DON'T KNOW HOW -- HOW IT'S GOING TO BE ENGINEERED.

430 >> YOU'RE NOT GOING TO GET INPUT ON THAT.

431 THAT WILL BE WORKED OUT BY THE CITY.

432 >> MR. FAMBLE: AND I GUESS MR. TODD IS -- HIS STAFF WITH THE LEAD ENGINEERS.

433 I DON'T THINK BECAUSE THERE ARE ALREADY REGS AND REGULATIONS AND THINGS IN 434 PLACE THAT ALREADY COVER THAT.

435 I DON'T -- ZACK, HELP ME.

436 >> I WILL SAY THIS OBVIOUSLY IS NOT TO SCALE.

437 SO WHAT I HAVE SHOWN IS THE BLEACHERS OR GRAND STANDS WILL BE 25 FEET.

438 IT'S MUCH LARGER THAN HOW IT APPEARS ON HERE.

439 I KNOW MR. TODD HAS BEEN IN CONTACT WITH AEP, THE ELECTRIC PROVIDER.

440 THE EASEMENT IS ONLY ON THEIR SIDE.

441 DAVID WILL WORK THROUGH THE PROCESS TO INSURE THEY STILL HAVE ADEQUATE ROOM TO 442 ACCESS THE UTILITIES.

443 SO THEY HAVE A 25-FOOT SETBACK, THAT'S AMPLE ROOM TO GET A BUCKET TRUCK 444 THERE.

445 >> SO THE FULL EASEMENT IS ON THE SCHOOL SIDE.

446 >> THE FULL EASEMENT IS ON THE RESIDENT SIDE.

447 SO DAVID HAS BEEN IN CONTACT WITH THEM AND THERE ARE MEASURES IN PLACE TO INSURE 448 THERE IS ACCESS AND OVERHEAD UTILITIES.

449 >> MR. FAMBLE: OKAY.

450 >> AND THE DRAINAGE AND THE FLOOD CONTROL ISSUES?

451 >> WE HAVE A FEMA-CERTIFIED FLOOD PLAIN MANAGER AND THE CITY ENGINEER WILL TAKE A 452 LOOK AND WORK WITH DAVID TODD.

453 ASSUMING HE IS THE ENGINEER ON THE PROJECT AND COME TO A CONCLUSION THAT MEETS THE 454 APPLICABLE RULES AND STANDARDS.

455 >> FOR THE WHOLE PIECE.

456 >> YES.

457 IT WILL LOOK AT A PIECE OVERALL AND MAKE SURE THE DRAINAGE AND ADEQUATE AND 458 NO ADDITIONAL RUNOFF IS CREATED ON TO THE NEIGHBORHOOD OR ANY OTHER 459 ADJACENT PROPERTIES.

460 >> SO THE LAST THING I'LL BRING UP IS, YOU KNOW, HOW APPROPRIATE IS THIS SO 461 CLOSE WITHIN 15 FEET OF SWIMMING POOLS, HOMES, PEOPLE'S BACKYARDS.

462 HOW APPROPRIATE IS THAT FOR THE USE AND THE NOISE, THE LIGHTING AND THE VISION 463 LOOKING IN PEOPLE'S BACKYARDS --.

[00:30:02]

464 >> MR. FAMBLE: AGAIN, I'M NOT GOING TO SPEAK FOR THEM BUT WITH ESTABLISHING WITH 465 25-FOOT SETBACK PLUS THE LIGHTING PERSON THAT SPOKE TO THE LIGHTING, I THINK 466 ALL OF THAT HAS BEEN OR WILL CONTINUE TO BE DRILLED OUT WHEN IT COMES TO THE 467 DETAILS.

468 THE LIGHTING AS I HEARD WAS NOT GOING TO BE POINTING DIRECTLY INTO NEIGHBORS' 469 YARDS.

470 THE SETBACK, I THINK THAT'S ONE OF THE REASONS THE STAFF RECOMMENDED THE 471 25-FOOT SETBACK OR SOMEBODY AS A CONSIDERATION FOR THAT BUFFER AS YOU'RE SPEAKING 472 ABOUT IT.

473 SO I TRUST THESE GUYS AND GIRLS.

474 THEY KNOW THEIR JOBS.

475 I THINK THE CONCERNS YOU HAVE WILL BE ADDRESSED AS THIS PROCESS IS WORKED OUT.

476 I THINK IT WILL BE ADDRESSED.

477 >> OKAY.

478 >> I'LL POINT OUT THAT THE LIGHTING -- THE SHIELDING OF THE LIGHTING IS NOT 479 REQUIRED FOR OUTDOOR RECREATION SO STAFF DID INCLUDE THAT CONDITION 480 BECAUSE OF THE NEIGHBORHOOD.

481 >> MR. FAMBLE: AH, I STAND CORRECTED.

482 >> IT WOULD NOT NECESSARILY BE REQUIRED.

483 >> MR. FAMBLE: IT'S ACTUALLY ABOVE AND BEYOND.

484 THANK YOU.

485 >> THANK YOU.

486 >> MR. FAMBLE: YOU'RE WELCOME, SIR.

487 THANK YOU.

488 ANYONE ELSE CARE TO SPEAK TO THIS ITEM? 489 COME FORWARD, MA'AM.

490 PLEASE.

491 TELL US YOUR NAME.

492 >> CINDY STOCKSDALE.

493 2766 CHARIOT CIRCLE.

494 IS THIS GOING TO BE MAINLY JUNIOR HIGH AGE GROUP?

495 >> MR. FAMBLE: AS I UNDERSTAND IT.

496 >> SO JUNIOR HIGH IS SIXTH GRADE THROUGH EIGHTH GRADE.

497 >> MR. FAMBLE: SUB-VARSITY.

498 >> OKAY.

499 WELL, WE ARE ABOUT 1,000 FEET AWAY FROM THE STADIUM.

500 I WANTED TO LET YOU GUYS KNOW ABOUT THE SITUATION IN THE NEIGHBORHOOD.

501 WE HAVE A DRUG TREATMENT FACILITY CENTER EXACTLY 1,000 FEET AWAY FROM THIS 502 PROPOSED STADIUM IN OUR NEIGHBORHOOD.

503 THESE PEOPLE STAND OUTSIDE ALL THE TIME.

504 THEY'RE NOT SUPPOSED TO BE CLOSER THAN 500 FEET TO CHILDREN WHICH I REALIZE IS 505 A LITTLE FURTHER.

506 BUT IF THESE ARE JUNIOR HIGH KIDS, I'M ASSUMING THEY'LL BE SHOWING UP ON THE BUS 507 AND PARENTS THERE AS WELL.

508 THEY'LL BE IN THAT AREA.

509 THIS TREATMENT FACILITY, THE PEOPLE THAT GO THERE ARE THERE IN THE AFTERNOONS.

510 THEY STAND OUTSIDE AND SEE CHILDREN.

511 I THINK THIS IS A BIG DISTRACTION FROM WHERE THEY ARE RIGHT NOW TO KNOW THAT 512 CHILDREN ARE RIGHT OVER THERE.

513 SHOTWELL HAS HIGH SCHOOL KIDS THAT ARE A LITTLE FARTHER.

514 THEY'RE USUALLY BUSED TO THERE.

515 THEY HAVE THEIR OWN CARS AND THEY'RE A LITTLE OLDER AND NOT QUITE AS VULNERABLE AS 516 THE YOUNGER CHILDREN.

517 THIS IS A BIG ISSUE WITH ME IN MY NEIGHBORHOOD.

518 WE'VE BEEN THERE A LONG TIME.

519 NEIGHBORS ARE WORRIED AS WELL.

520 AND I JUST WANTED TO LET YOU GUYS BE AWARE OF THE SITUATION.

521 I DON'T KNOW IF ANYONE HAS ANY QUESTIONS FOR ME.

522 >> ADDRESS AGAIN?

523 >> 1267 CHARIOT CIRCLE.

524 >> MR. FAMBLE: ANY OTHER QUESTIONS? 525 THANK YOU, MA'AM.

526 >> THANK YOU.

527 >> MR. FAMBLE: ANYONE ELSE CARE TO SPEAK TO THIS ITEM?

528 >> MR. TODD, DAVID.

529 I ASSUME THERE WILL BE CONTROLLED ACCESS AROUND THIS.

530 >> WHAT?

531 >> CONTROLLED ACCESS.

532 IT WON'T BE WIDE OPEN.

533 IT WILL BE FENCED?

534 >> A LOT OF TIMES THERE IS A GATE THAT CONTROLS THE ACCESS TO GET TO THE 535 PARKING LOTS.

536 >> IS THE WHOLE COMPLEX FENCED OFF?

537 >> YES, SIR.

538 THERE IS A FENCE AROUND THE ENTIRE -- >> SIMILAR TO SHOTWELL NOW?

539 >> YES, SIR.

540 THERE WILL BE A FENCE.

541 MAYBE NOT QUITE AS ORNATE BUT A SECURITY FENCE AROUND THE -- THE CONTROLLED 542 ACCESS.

543 >> AND THAT ACCESS IS THROUGH THE CONCESSION STAND/RESTROOM FACILITY.

544 >> MR. FAMBLE: THANK YOU, SIR.

545 >> THE 25-FOOT SETBACK I THINK CAME FROM, YOU KNOW, WE GOT A 15-FOOT UTILITY 546 EASEMENT ON THE PROPERTY OWNER'S SIDE.

547 SO I THINK WE CAME WITH THE 15 FEET PLUS WHAT AEP CALLS A 10-FOOT REACH.

548 SO SOMEBODY COULDN'T BE STANDING UP THERE WITH A METAL POLE AND DO THAT.

549 THAT'S WHERE THE 25 FEET CAME FROM.

550 >> MR. FAMBLE: THANK YOU.

551 YES, SIR? 552 COME ON.

553 >> THIS IS DARRYL REED AGAIN.

554 ON THAT LINE, RIGHT NOW THE PROPERTY IS PIPE FENCED IN.

555 ALL THE WAY -- BECAUSE THERE HAD BEEN PEOPLE ACCESSING THE PARKING LOT AND GOING

[00:35:07]

556 UP AND BURGLARIZING SOME OF THE HOMES.

557 WE ASKED IAISD TO SECURE THE ENTRY WAY.

558 PEOPLE WERE JUST DRIVING THROUGH, PULLING IN AND GOING UP TO THE BACK OF THE 559 HOMES AND BURGLARIZING.

560 THERE WERE SEVERAL INSTANCES OF THAT.

561 SO THANKFULLY THE AISD PUT A PIPE FENCE AND KEPT THEM LOCKED SO PEOPLE CAN'T 562 ENTER INTO THE FIELDS AND I APPRECIATE THEM DOING THAT.

563 WITH THIS, I DON'T KNOW IF THERE WOULD BE OPEN ACCESS TO, YOU KNOW, THE PUBLIC.

564 ARE THE FIELDS GOING TO BE OPEN WHERE PEOPLE JUST TO USE? 565 ARE THEY ONLY OPEN AND CLOSED ON SPECIFIC EVENTS?

566 >> MR. FAMBLE: FROM WHAT WE JUST LEARNED, MR. ROSENBAUM ASKED THE QUESTION.

567 FROM WHAT WE LEARNED, IT WILL BE A FENCED ENCLOSURE.

568 AND EGRESS WILL BE THROUGH -- THE CONCESSION STAND.

569 SO WHAT WE JUST LEARNED, WE JUST HEARD THE ENTIRE COMPLEX WILL BE FENCED WITH 570 EGRESS THROUGH THE CONCESSION STAND.

571 >> SO THE GATES THAT GO INTO THE PARKING LOT WILL STILL BE LOCKED I ASSUME.

572 >> MR. FAMBLE: AS I UNDERSTAND IT, YES.

573 >> PERFECT.

574 >> MR. FAMBLE: THANK YOU, SIR.

575 ANYONE ELSE CARE TO SPEAK TO THIS ITEM? 576 SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING.

577 >> ONE POINT OF CLARIFICATION.

578 I THINK DAVID SAID 6:00 A.M.

579 TO 11:00 A.M.

580 BUT THE SLIDE SAYS 8:00.

581 >> 6:00 A.M.

582 TO 11:00 A.M.

583 >> MR. FAMBLE: OKAY.

584 DISCUSSION? 585 I THINK THAT A LOT OF THOUGHT HAS GONE INTO THIS AND I APPRECIATE THE WORK.

586 I KNOW IT'S A CONCEPTUAL SITE PLAN BUT I TRUST OUR PROCESS.

587 I TRUST THAT EVERYBODY KNOWS THEIR JOBS AND THIS WILL BE SOMETHING IF IT'S PASSED.

588 SOMETHING GOOD FOR EVERYBODY CONCERNED.

589 >> MAKE A MOTION.

590 WE APPROVE CUP-2019-02.

591 25 FOOT SETBACK, LIGHTING RESTRICTIONS TO THE NEIGHBORHOOD RETAIL AND THE 592 HOURS OF OBERATION RESTRICTED TO NEIGHBORHOOD RETAIL REQUIREMENTS OF 8:00 593 A.M.

594 TO 11:00 P.M.

595 --.

596 >> MR. FAMBLE: 6:00 TO 11:00.

597 >> THE SLIDE IS INCORRECT.

598 6:00 TO 11:00.

599 >> MR. FAMBLE: WE HAVE A MOTION.

600 DO I HAVE A SECOND?

601 >> SECOND.

602 >> MR. SMITH: YES.

603 >> REVEREND LANGFORD?

604 >> MR. LANGFORD: YES.

605 >> MR. ROSENBAUM: YES.

606 >> MR. CALK: YES.

607 >> MR. FAMBLE: YES.

608 >> AND THE MOTION TO APPROVE WITH CONDITIONS AS STATED IN THE STAFF REPORT 609 IS -- APPROVED.

610 IT DOES CARRY.

611 >> MR. FAMBLE: NEXT ITEM ON THE AGENDA IS CUP-2019-03.

[b.  CUP-2019-03 Public hearing and possible vote to recommend approval or denial to City Council on a request from the City of Abilene, for Conditional Use Permit to allow a 150’ Antenna Tower on property zoned General Commercial (GC). Legal description being Lot 401, Block 1, Westgate Shopping Center, City of Abilene, Taylor County, Texas and located adjacent to the existing building at 4565 South First Street]

612 PUBLIC HEARING AND POSSIBLE VOTE TO RECOMMEND APPROVAL OR DENIAL TO CITY COUNCIL 613 ON A REQUEST FROM THE CITY OF ABILENE FOR CONDITIONAL USE PERMIT TO ALLOW A 614 150-FOOT ANTENNA TOWER ON PROPERTY ZONED GENERAL COMMERCIAL GC.

615 LEGAL DESCRIPTION BEING LOT 401, BLOCK 1, WESTGATE SHOPPING CENTER, CITY OF 616 ABILENE, TAYLOR COUNTY, TEXAS, AND LOCATED ADJACENT TO THE EXISTING BUILDING AT 617 4565 SOUTH FIRST STREET.

618 >> OKAY.

619 ZACK RAINBOW, PLANNING AND DEVELOPMENT SERVICES.

620 THIS IS AGAIN A CONDITIONAL USE PERMIT TO LOCATE AN APPROXIMATELY 150-FOOT TALL 621 ANTENNA AND COMMUNICATIONS TOWER AT THE NEW LAW ENFORCEMENT CENTER.

622 WHAT WAS PREVIOUSLY THE K-MART.

623 WE DID SEND OUT NOTIFICATION THIS MORNING AND RECEIVED NONE IN FAVOR, ONE IN 624 OPPOSITION.

625 THE OWNER BEING THE CITY OF ABILENE.

626 STAFF REQUIRES THE APPROVAL OF THE REQUEST.

627 HERE IS THE PICTURE OF THE OVERHEAD AREA.

628 AS YOU CAN SEE, THE BASICALLY MIDDLE SOUTHERN PORTION THERE IS THE 629 APPROXIMATE LOCATION OF THE PROPOSED TOWER.

630 >> THAT LOOKS LIKE IT'S IN THE BUILDING.

631 >> I'LL GET CLOSER AND SHOW YOU THERE.

632 633 HERE IS THE ZONING MAP AND THOROUGHFARE MAP.

634 APPROXIMATELY 400 FEET AWAY FROM THE NEAREST RESIDENCES TO THE SOUTH.

635 EXISTING LAND USE MAP AGAIN.

636 COMMERCIAL USESS WITH SOME RESIDENTIAL TO THE SOUTH.

[00:40:01]

637 HERE IS NOTIFICATION MAP.

638 AGAIN RECEIVED ONE IN OPPOSITION, NONE IN FAVOR.

639 ONE OF THE CONDITIONS FOR A TOWER 150 FEET IN HEIGHT IS THAT IT'S SEPARATED FROM 640 OTHER TOWERS BY 1500 FEET.

641 THIS IS THE MAP SHOWING THE 1500 FOOT BUFFER.

642 THE ONLY OTHER TOWER ON THE MAP INDICATED WOULD BE TO THE WEST AT MIKE DUNAHOO 643 JEEP DEALERSHIP LOT.

644 SO THEY DO MEET THAT CONDITION.

645 A PICTURE OF THE PROPOSED TOWER.

646 AGAIN THIS WOULD BE USED FOR EMERGENCY COMMUNICATIONS, RADIOS, ET CETERA FOR POLICE 647 FIRE AND ANY OTHER EMERGENCY SERVICE PEOPLE AND 911 SYSTEM, I BELIEVE.

648 PICTURE OF THE FRONT OF THE TOWER.

649 THE BACK PORTION THERE.

650 YOU CAN SEE IN THE UPPER LEFT-HAND CORNER, THE RED TRUCK THERE.

651 THE CUTOUT IN THE BUILDING THERE IS WHERE THE TOWER IS PROPOSED TO BE LAEKTED.

652 ONE OF THE CONDITIONS AT -- IS THAT IT BE SURROUNDED BY AT LEAST A 653 6-FOOT PERIMETER FENCE FOR SECURITY.

654 THIS PROVIDES THREE WALLED SIDES AND AN ADDITIONAL FENCE WOULD BE REQUIRED TO 655 PREVENT ANYBODY FROM ACCESSING THE TOWER.

656 >> MR. FAMBLE: IT WOULD BE WHERE THE TRUCK IS?

657 >> IF YOU GO TO THE LEFT OF WHERE THE TRUCK IS, THERE IS A JET OUT IN THE 658 BUILDING.

659 THAT'S WHERE THE PROPOSED LOCATION IS.

660 >> ZACK, MAY I ASK A QUESTION? 661 I WAS UNDER THE IMPRESSION YOU HAD TO HAVE A CERTAIN DISTANCE OF BUILDINGS AND 662 THINGS AWAY FROM IT.

663 DO YOU MEET THAT?

664 >> YES.

665 I'LL EXPLAIN THAT HERE.

666 WHAT YOU'RE MENTIONING THERE TO START OUT, A CONDITIONAL USE PERMIT IS REQUIRED FOR 667 ALL COMMERCIAL OR NON-AMATEUR TOWERS.

668 WHAT YOU'RE MENTIONING, MR. ROSENBAUM, THE ANTENNA IS A SEPARATION OF 25 FEET OR 669 20% OF THE HEIGHT.

670 WHATEVER IS GREATER.

671 FOR ANYTHING OTHER THAN PRINCIPLE USE.

672 ACCESSORY USE WOULD HAVE TO MEET THE SETBACK.

673 IN THIS CASE IT IS PART OF THE PRINCIPLE USE WHICH IS THE LAW ENFORCEMENT CENTER.

674 SO IT DOESN'T HAVE TO MEET THAT REQUIREMENT.

675 DWEN, THE NEXT COMMENT THERE SPEAKS TO THE REQUIRED ANTI-CLIMBING DEVICES AND 676 SECURITY FENCE.

677 SIX FOOT WOULD BE MINIMUM FOR THE FRONT.

678 THREE WALLED SIDES IS GREATER SECURITY FOR A TOWER USED FOR THIS SORT.

679 I SHOWED YOU THE 1500 FOOT SEPARATION.

680 TOWER ALSO HERE WITH VISUAL IMPACTS AND REQUIREMENTS IN SECTION 2.4.6.4.

681 MOST REFERS TO IT PAINTING GALVANIZED STEEL IN NEUTRAL COLORS AND ALSO STANDARDS 682 OF THE FAA AND OTHER APPLICABLE FEDERAL AGENCY.

683 IN THIS CASE, DON GREEN HAS RUN IT THROUGH THE FAA AND I BELIEVE HE IS HERE TO 684 SPEAK AS WELL.

685 IT DOES MEET THAT AND THE REPORTED ZONING HEIGHT.

686 IT DOESN'T PENETRATE WHAT IT ALLOWED.

687 AND, YOU KNOW, THE MECHANICAL EQUIPMENT AND EVERYTHING ELSE PAINTED TO 688 NEUTRAL COLORS SO TO MAKE IT AS VISIBLY UNOBTRUSIVE AS POSSIBLE.

689 CITY STAFF RECOMMENDS THE CONDITIONAL USE PERMIT FOR THE TOWER.

690 THE PROPOSED ANTENNA AND COMMUNICATION TOWER MEETS ALL THE ZONING AND 691 CONDITIONAL USE PERMIT REQUIREMENTS.

692 THEREFORE, STAFF IS RECOMMENDING APPROVAL.

693 BE HAPPY TO ANSWER QUESTIONS.

694 >> IS THERE -- SORRY.

695 GO AHEAD.

696 >> TWO MONTHS AGO, WE HAD A CASE LOOKING FOR A CONDITIONAL USE PERMIT.

697 PUT UP A TELEPHONE TOWER.

698 WASN'T THAT ON SOUTH THIRD?

699 IS THAT -- WITHIN THIS 1500 FOOT -- >> SOUTH SEVENTH.

700 >> OH, T-MOBILE TOWER.

701 ON SOUTH SEVENTH.

702 IT'S ROSS AND SOUTH SEVENTH SO THEY HAD TO MEET THE 25-FOOT SETBACK WHICH THEY 703 HAVE.

704 BECAUSE THE PRIMARY USE IS STILL WHATEVER THE BUSINESS IS LOCATED THERE.

705 THIS IS A SECONDARY USE.

706 FOR THIS, THIS IS -- THIS HELPS THE LAW ENFORCEMENT, THE PRIMARY USE FUNCTION.

707 AS PART OF THE LAW ENFORCEMENT CENTER.

708 >> MR. FAMBLE: GO AHEAD.

709 >> IS THERE A FALL DISTANCE REQUIREMENT FOR THE TOWER?

710 >> MOST ARE DESIGNED TO COLLAPSE IN ON THEMSELVES.

711 BUT THERE IS NO REQUIRED FALL DISTANCE.

712 I BELIEVE THE 20% OR 25-FOOT HELPS TO MINIMIZE THAT IN SITUATIONS WHERE THAT'S 713 REQUIRED BULL THE TOWERS ARE DESIGNED TO COLLAPSE ON THEMSELVES TO PREVENT ANY 714 DAMAGE FROM A FALL.

715 >> AND THIS IS COMING I THINK FROM THE CASE OF THAT -- THAT ROBERT IS 716 REMEMBERING.

717 I THOUGHT THESE WERE SUPPOSED TO BE MONOPOLE STRUCTURES.

718 >> THEY DON'T HAVE TO BE.

719 THE ONE MR. CALK IS REFERRING TO IS MONOPOLE.

720 THAT'S A NEW TECHNOLOGY.

721 I BELIEVE THIS SUPPORTS THE LAW ENFORCEMENT CENTER'S NEEDS BETTER AND I BELIEVE

[00:45:04]

722 DON CAN SPEAK TO THAT.

723 >> I AGREE.

724 FOR SOME REASON, I THOUGHT IT HAD TO BE.

725 >> IT DOESN'T.

726 BUT THAT'S THE NEW TREND FOR MOST TOWERS WE SEE.

727 >> MR. FAMBLE: ANY OTHER QUESTIONS? 728 THANK YOU, SIR.

729 I'LL OPEN THE PUBLIC HEARING.

730 ANYONE CARE TO SPEAK TO THIS ITEM, PLEASE COME FORWARD.

731 >> GOOD AFTERNOON.

732 DON GREEN.

733 DIRECTOR OF TRANSPORTATION SERVICES FOR THE CITY OF ABILENE.

734 2339 AIRPORT BOULEVARD AND I'M HERE TO ANSWER QUESTIONS YOU MAY HAVE.

735 >> MR. FAMBLE: QUESTIONS? 736 THANK YOU, SIR.

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

738 SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING.

739 DISCUSSION FROM THE COMMISSION OR I'LL ENTERTAIN A MOTION.

740 >> MOTION TO APPROVE.

741 >> SECOND.

742 >> MR. FAMBLE: MOTION TO APPROVE AND A SECOND.

743 >> MR. SMITH: YES.

744 >> MR. LANGFORD: YES.

745 >> MR. ROSENBAUM: YES.

746 >> MR. CALK: YES.

747 >> MR. NEWMAN: YES.

748 >> MR. FAMBLE: YES.

[c.  OAM-2019-02  Public hearing and possible vote to recommend approval or denial to City Council on amendments to Section 2.4.2.1 (Land Use Matrix) of Abilene’s Land Development Code, specifically to allow ‘Tattoo Parlor’ use within Central Business (CB) District with a Conditional Use Permit (CUP)]

749 >>> NEXT ITEM 0AM-2019-02.

750 PUBLIC HEARING AND POSSIBLE VOTE TO RECOMMEND APPROVAL OR DENIAL TO THE CITY 751 COUNCIL ON AN AMENDMENTS TO 2.4.2.1 LAND USE MATRIX OF ABILENE'S LAND DEVELOPMENT 752 CODE.

753 SPECIFICALLY TO ALLOW "TATTOO PARLOR" USE WITHIN CENTRAL BUSINESS 754 DISTRICT WITH A CONDITIONAL USE PERMIT.

755 >> GOOD AFTERNOON.

756 HAYDEN, PLANNING AND DEVELOPMENT SERVICES.

757 YOU HAVE AN REQUEST TO AMEND LAND DEVELOPMENT USE TO ALLOW TATTOO USES INSIDE 758 THE BUSINESS.

759 CURRENTLY THEY'RE PREVENTED IN HEAVY COMMERCIAL AND GENERAL COMMERCIAL ZONINGS 760 WITH A COMMISSIONAL USE ALLOWED IN NEIGHBORHOOD RETAIL AND GENERAL RETAIL.

761 IT REQUIRES CITY COUNCIL APPROVAL AS WELL AS HAVING AN APPROVAL SITE PLAN WHICH 762 ADDS ANOTHER USE.

763 CURRENTLY THEY'RE INSIDE NEIGHBORHOOD RETAIL WHICH IS A MORE RESTRICTIVE ZONING 764 CLASS THAN CENTRAL BUSINESS WHICH IS THE REASON FOR STAFF RECOMMENDATION TODAY.

765 HERE IS THE PROPOSED LAND USE CHANGE.

766 YOU CAN SEE WHERE CURRENTLY TATTOO PARLOR USES ARE ALLOWED AS WELL AS THE RED 767 C WHICH IS ALLOWED INSIDE BUSINESS.

768 THE APPLICATION TO ALLOW A TATTOO PARLOR WAS BROUGHT GIVING THE CURRENT NATURE 769 OF THE DEVELOPMENT CODE.

770 THERE WAS NO WAY THIS USE COULD EVER EXIST IN CENTRAL BUSINESS AND THEREFORE, 771 STAFF WAS ASKED TO BRING IT FORWARD.

772 SO WE'RE READY TO DISCUSS IT.

773 WITH THAT, I'LL TAKE ANY QUESTIONS.

774 >> MR. FAMBLE: SO RIGHT NOW, IT'S NOT ALLOWED IN CENTRAL BUSINESS.

775 >> NO, SIR.

776 AS IT CURRENTLY SITS, ONLY ALLOWED IN GENERAL COMMERCIAL, LIGHT AND 777 INDUSTRIAL.

778 >> WHAT WAS THE DISCUSSION TO COME TO THIS RECOMMENDATION?

779 >> NEIGHBORHOOD RETAIL IS CONSIDERED MORE OF A RESTRICTIVE ZONING 780 CLASSIFICATION CENTRAL BUSINESS.

781 CENTRAL BUSINESS HAS MANY USES NOT ALLOWED IN NEIGHBORHOOD RETAIL AND 782 THEREFORE AS MORE OF A HIGHLY TRAFFICKED ZONE.

783 AND THEREFORE WE -- STAFF DISCUSSED THAT MAKING IT CONDITIONAL USE IT WOULD 784 HAVE TO MAKE ITS WAY THROUGH PLANNING AND ZONING AND CITY COUNCIL.

785 SO IF THE USE DIDN'T SEEM APPROPRIATE TO THE AREA, IT COULD BE DECIDED AT THAT 786 POINT.

787 IT'S JUST A SOLID NO CURRENTLY.

788 THIS IS ALLOWING IT FOR DISCUSSION.

789 >> SO THE CENTRAL BUSINESS IS THE DOWNTOWN AREA.

790 >> CORRECT.

791 >> SOUTH SEVENTH TO NORTH TENTH OR -- TREADWAY TO GREAT MOORE AREA.

792 >> YES, SIR.

793 >> MR. FAMBLE: HAVE THERE BEEN AN -- HAS AN APPLICANT APPLIED WITHIN 794 CENTRAL -- WHAT TRIGGERED THIS?

795 >> AN APPLICANT CAME IN FOR A CERTIFICATE OF OCCUPANCY TO BE DOWNTOWN AND WE HAD 796 TO HAVE THE DISCUSSION THERE WAS NO WAY IT COULD WORK IN CENTRAL BUSINESS 797 AND THAT BROUGHT THE DISCUSSION THAT THEN LED TO US HAVING THE DISCUSSION 798 FOR THE AMENDMENT TODAY.

799 AN APPLICATION WAS FILED BUT IT WAS -- THERE WERE -- THERE WAS 800 ABSOLUTELY NO WAY, THEY WERE INFORMED.

801 >> MR. FAMBLE: DID YOU DO ANY RESEARCH OR WHY IT WAS ORIGINALLY OR HISTORICALLY 802 EXCLUDED FROM CENTRAL BUSINESS? 803 ANYBODY KNOW?

804 >> IT'S KIND OF ONE OF THOSE THINGS WHERE CITIES HAVE TENDED TO STICK THEM IN 805 OTHER PLACES IN THE CITY AND INDUSTRIAL AREAS.

806 MORE RECENTLY, YOU CAN GO TO OTHER BIGGER CITIES LIKE AUSTIN WHERE THEY'RE 807 DOWNTOWN AREAS.

808 IT'S JUST AN ABILENE ZONING RULE I GUESS.

809 LIKE WE DO THE LIQUOR STUFF HERE IS DIFFERENT THAN SOME CITIES.

810 IT'S JUST A DIFFERENT WAY TO DO IT.

811 THESE USES ARE REGULATED BY THE STATE.

812 THEY HAVE STATE LICENSES AND SO THERE IS A LOT OF PROTECTION AROUND THE USE

[00:50:02]

813 ITSELF AS WELL.

814 >> WHAT KIND OF BOX OPENS UP IF YOU TAKE TATTOO PARLORS AND PUT IT INTO PERSONAL 815 SERVICES?

816 >> WHAT DO YOU MEAN?

817 >> MAKE IT A PERSONAL SERVICE.

818 >> THAT WAS A DISCUSSION.

819 WE DIDN'T WANT TO GO THAT AVENUE.

820 THAT WOULD BE VERY BROAD.

821 >> IT GOES INTO GENERAL RETAIL.

822 >> ALMOST EVERYWHERE.

823 SO WE CONSIDER THAT BUT THIS SEEMED TO BE THE BEST FIT BECAUSE IT HAS THE EXTRA 824 LAYER OF PROTECTION WHERE CITY COUNCIL WILL HAVE THE FINAL SAY ULTIMATELY.

825 >> I FORGET WHAT THE QUESTION WAS.

826 THAT'S BROKEN DOWN FROM PERSONAL SERVICES.

827 >> IN SOME CITIES, THEY'RE COMBINED.

828 IN THE SAME USE.

829 >> MR. FAMBLE: THEY ARE IN THE SAME USE?

830 >> IN SOME OTHER CITIES, YES.

831 >> SO BASICALLY THIS WOULD MAKE US LESS RESTRICTIVE IN OUR DOWNTOWN AREA.

832 >> CORRECT.

833 >> AND YOU'D STILL HAVE --.

834 >> MR. FAMBLE: COME THROUGH THE PROCESS.

835 >> IT'S JUST AS OF NOW, IT'S A NO AND THERE IS NO WAY.

836 THIS IS AT LEAST OPPORTUNITY FOR A DISCUSSION TO BE HAD ABOUT IT.

837 >> WHAT DOES STAFF RECOMMEND?

838 >> APPROVAL BASED ON THE FACT THAT NEIGHBORHOOD RETAIL IS SO RESTRICTIVE.

839 AND CENTRAL BUSINESS IS CONSIDERED LESS RESTRICTIVE.

840 WE FIGURED IF IT'S OKAY IN NEIGHBORHOOD RETAIL IT MIGHT AS WELL BE CONSIDERED IN 841 CENTRAL BUSINESS AS WELL.

842 >> MR. FAMBLE: I THINK I WANT TO -- I NEED TO HAVE A PUBLIC HEARING.

843 I THINK I'D LIKE TO HEAR IF ANYBODY IS HERE FROM THE PUBLIC HEARING AND GET SOME 844 PUBLIC COMMENTS.

845 ANYTHING ELSE FOR STAFF? 846 THANK YOU.

847 I'M GOING TO OPEN THE PUBLIC HEARING.

848 ANYONE CARE TO SPEAK TO THIS ITEM, PLEASE COME FORWARD.

849 >> HOW YOU DOING TODAY? 850 MY NAME IS CHRIS WILLIAM.

851 I'M THE ONE THAT BROUGHT THIS TO DISCUSSION.

852 I -- A FRIEND OF MINE, WE ARE WANTING TO OPEN A BARBER SHOP/TATTOO SHOP 853 DOWNTOWN.

854 THE PROBLEM WAS ZONING.

855 THE BARBER SHOP WAS ALREADY LOCATED DOWNTOWN SO WE FIGURED IT SHOULDN'T BE TOO 856 HARD OF A PROBLEM TO DO.

857 BUT LIKE MR. HAYDEN SAID, IT WAS JUST A STRAIGHT NO.

858 MY BIGGEST THING WAS I COULDN'T HAVE A TATTOO SHOP ON THE SPOT I WANTED BUT 859 THERE IS A TATTOO SHOP LITERALLY THREE BLOCKS THE OTHER WAY.

860 >> MR. FAMBLE: THERE IS ONE NOW?

861 >> YES.

862 IN THE CORRECT ZONING.

863 >> IT'S IN THE RIGHT ZONING SO THEREFORE, THAT'S ONE OF MY BIGGEST QUESTIONS IS THE 864 ZONING PROCESS.

865 AND HE -- BROUGHT TO MY ATTENTION IT WAS A -- ON THE ZONING FROM THE 1950S OR SO 866 AND BACK THEN TATTOOING WAS A LOT DIFFERENT THAN IT IS TODAY.

867 >> MR. FAMBLE: TO BE MORE SPECIFIC, AND SOMEBODY HELP ME BECAUSE I THINK WE JUST 868 TALKED ABOUT IT.

869 THE ONE YOU'RE TALKING ABOUT THAT'S THREE BLOCKS AWAY IS OUTSIDE THE CENTRAL 870 BUSINESS.

871 IT'S -- >> IT'S RIGHT ON THE EDGE.

872 I UNDERSTAND THAT.

873 >> MR. FAMBLE: I JUST WANTED THAT CLEAR.

874 >> WHEN HE WAS TALKING ABOUT THE WHOLE -- THE WAY TATTOOS WERE SET BACK IN 875 THE 1950S, IT WAS TOTALLY DIFFERENT THAN TODAY AND I UNDERSTAND WHY THE CITY 876 BACK THEN HAD A PLAN WHERE THEY WANTED IT ON THE OUTSKIRTS OF TOWN AND 877 DIDN'T WANT THE CRIMINAL ASPECT OR LOW LIFE BIKER ASPECT.

878 I KNOW A LOT OF WELL KNOWN ARTISTS AROUND THE COUNTRY THAT WOULD LOVE TO TATTOO 879 HERE BUT THEY DON'T WANT TO WORK IN A SPOT WHERE IT'S THE LOCATION AND THE PEOPLE 880 IN THE LOCATION TOO.

881 >> MR. FAMBLE: OKAY.

882 SO YOUR APPLICATION AND WHAT YOU'RE WANTING TO DO IS BOTH A BARBER SHOP AND 883 COMBINING THE BARBER SHOP WITH THE TATTOO SHOP.

884 >> YES, SIR.

885 >> JUST OUT OF CURIOSITY, WHERE IS THE BARBER SHOP?

886 >> IT'S THE WINDSOR HOTEL NOW.

887 WHERE TRULY BLESSED WAS.

888 BUT THEY'RE NO LONGER THERE.

889 SO MY BUSINESS PARTNER, HE HAS HIS BARBER SHOP IN THERE NOW.

890 WE WERE GOING TO OPEN UP BARBER SHOP TATTOO, BUT WITH THE ZONING, I DIDN'T 891 WANT MY -- HIM TO GO OUT AND, YOU KNOW, WITHOUT BEING ABLE TO WORK WAITING 892 ON ME.

893 SO JUST BRINGING IT TO YOUR ATTENTION.

894 >> WHAT TYPE OF SIGNAGE ARE YOU THINKING ABOUT?

895 >> SIGNAGE.

896 I THINK THE WINDSOR WOULD LET US PUT A DECAL OR VINYL ON THE WALL ITSELF OR ON 897 THE WINDOWS -- EXCUSE ME.

898 AND AS FOR ACTUAL SIGN, I'LL PROBABLY JUST DO PROMOTION THROUGH FACEBOOK AND DON'T 899 HAVE TO ADD ANYTHING ON TO THE BUILDING AND TAKE AWAY FROM THE HISTORICAL VALUE 900 OF IT.

901 >> MR. FAMBLE: ANY OTHER QUESTIONS? 902 THANK YOU, SIR.

903 >> THANK YOU FOR YOUR TIME.

904 >> MR. FAMBLE: ANYONE ELSE CARE TO SPEAK TO THE ITEM, PLEASE COME FORWARD.

905 >> HOW Y'ALL DOING? 906 MY NAME IS JAKE MILLER.

907 I'M THE BARBER.

908 SIGNAGE, YOU ASKED ABOUT SIGNAGE.

909 WITH IT BEING IN A HISTORICAL BUILDING, WE CAN'T AFFIX ANYTHING TO THE

[00:55:04]

910 OUTSIDE SO IT'S JUST WINDOW DECALS.

911 LIKE HE SAID, IT'S HIGHLY REGULATED.

912 I PROBABLY HAVE MORE OF A CHANCE OF COMING IN CONTACT WITH BLOODBORNE PATHOGENS 913 AND DISEASE THAN HE WILL BECAUSE I DO SHAVES AND DO RAZORS.

914 EVERYBODY GETS A RAZOR.

915 THEY'RE DISPOSABLE BUT I PROBABLY DEAL WITH MORE THAN HE DOES.

916 THAT'S REALLY ALL WANTED TO ADDRESS ABOUT THE SIGNAGE.

917 >> MR. FAMBLE: THANK YOU, SIR.

918 ANYONE ELSE CARE TO SPEAK TO THIS ITEM? 919 SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING.

920 DISCUSSION FROM THE COMMISSION?

921 >> I CERTAINLY DON'T HAVE AN ISSUE WITH THIS.

922 I THINK A LOT OF WHAT DROVE ONE TATTOO PARLOR AS BEING SEPARATE FROM ANYTHING ELSE 923 IS PROBABLY GOING AWAY IN OUR SOCIETY THESE DAYS.

924 SO I DON'T SEE THE NEGATIVE ASPECTS BEHIND IT.

925 I'LL MAKE A MOTION TO APPROVE THE CHANGE.

926 >> MR. FAMBLE: OKAY.

927 I A MOTION TO APPROVE.

928 >> SECOND.

929 >> MR. FAMBLE: MOTION TO APPROVE AND A SECOND.

930 >> MR. SMITH: YES.

931 >> MR. LANGFORD: YES.

932 >> MR. ROSENBAUM: YES.

933 >> MR. CALK: YES.

934 >> MR. NEWNAN: YES.

935 >> MR. FAMBLE: YES.

936 >> AND THE MOTION TO APPROVE CARRIES.

[e.  Z-2019-05 Public hearing and possible vote to recommend approval or denial to the City Council on a request from the City of Abilene, Charlie Wolfe, and Zachary Sheets, to rezone property from Light Industrial (LI) to Central Business (CB). Legal descriptions being Lots 11 & 12 in Block 17 of Original Town, City of Abilene, Taylor County, Texas and located at 741 North 3rd Street; all of Block 36 in Original Town, City of Abilene, Taylor County, Texas and located at 602 North 1st Street; The east 71 feet of Lots 5 and 6 and 2’ x .04’ feet of Lot 4 in Block 17 of Original Town, City of Abilene, Taylor County, Texas and located at 702 North 2nd Street]

937 >>> NEXT ITEM ON THE AGENDA Z-2019-05-PUBLIC HEARING AND POSSIBLE VOTE TO 938 RECOMMEND APPROVAL OR DENIAL TO THE CITY COUNCIL ON A REQUEST FROM THE CITY 939 OF ABILENE, CHARLIE WOLF, AND BUSINESS -- I'M SORRY.

940 CHARLIE WOLFE AND ZACHARY SHEETS TO REZONE PROPERTY FROM LIGHT INDUSTRIALAL LI 941 TO CENTRAL BUSINESS CB.

942 THE LEGAL DESCRIPTIONS BEING LOTS 11 AND 12 IN BLOCK 17 OF ORIGINAL TOWN, CITY OF 943 ABILENE, TAYLOR COUNTY, TEXAS.

944 LOCATED AT 741 NORTH THIRD STREET.

945 ALL OF BLOCK 36 IN ORIGINAL TOWN, CITY OF ABILENE, TAYLOR COUNTY, TEXAS, AND 946 LOCATED AT 602 NORTH FIRST STREET.

947 THE EAST 71 FOOT OF LOTS 5 AND 6 AND TWO FEET TIMES .

948 04 FEET OF LOT FOUR IN BLOCK 17 OF ORIGINAL TOWN, CITY OF ABILENE, TAYLOR 949 COUNTY, TEXAS.

950 LOCATED AT 702 NORTH SECOND STREET.

951 >> GOOD AFTERNOON.

952 BEFORE YOU IS A REQUEST TO REZONE THREE LOTS FROM LIGHT INDUSTRIAL TO CENTRAL 953 BUSINESS.

954 WE HAVE RECEIVED ZERO OPPOSITION.

955 YOU CAN SEE IT'S THE BIG COTTON WAREHOUSE ON THE CORNER OF NORTH SECOND 956 THERE.

957 YOU CAN SEE THE OTHER PROPERTY AND NORTH THIRD OF MESQUITE.

958 ALL THREE SEEKING LIGHT INDUSTRIAL AND TWO CENTRAL BUSINESS.

959 HERE IS A CLOSE-UP.

960 A ZONING MAP.

961 THEY'RE ALL CURRENTLY ZONED LIGHT INDUSTRIAL.

962 NORTH FIRST IS A MINOR ARTERIAL.

963 THERE IS CENTRAL BUSINESS IN THE AREA AND A LOT OF INDUSTRIALAL ZONINGS.

964 HERE IS THE CURRENT LAND USE.

965 WEST AT 201 IS AN EVENT CENTER AND THEN A COUPLE PROPERTIES VACANT AND 741 966 IS A PARKING LOT ALSO VACANT.

967 HERE IS THE NOTIFICATION MAP.

968 WE RECEIVED NINE IN FAIR.

969 PRETTY WELL SPREAD OUT.

970 THE INTENT IS TO REZONE FOLLOWING THE ONGOING TREND.

971 THERE ARE MULTIPLE PROPERTIES IN THE AREA THAT UNDERWENT SIMILAR REZONING 972 IN THE RECENT MONTHS.

973 HERE IS IMAGES OF ALL THE PROPERTIES WE'RE DISCUSSING.

974 THE PROPERTY HERE IS MR. SHEET'S PROPERTY AS WELL AS THE COTTON 975 WAREHOUSE CURRENTLY OWNED BY THE CITY OF ABILENE.

976 AND THEN HERE YOU CAN SEE ON THE BOTTOM PICTURE IS MR. WOLFE'S PROPERTY BEING 977 USED AS A PARKING LOT FOR HIS EVENT CENTER.

978 THE FUTURE LAND USE SECTION OF THE PLAN DESIGNATES AREA AS THE CENTRAL BUSINESS 979 DISTRICT.

980 AN AREA INTENTED TO PROMOTE COMMERCIAL GROWTH AND REDUCING WAREHOUSING AND 981 MANUFACTURING USES THAT GENERATE HEAVY TRAFFIC OR OPEN STORAGE.

982 THE REQUEST COMPLIES WITH 1.4.1.4 CRITERIA FOR APPROVAL AND CONTINUE TO 983 FOLLOW THE TRENDS TOWARD CENTRAL BUSINESS ZONING AND BEING CONSISTENT WITH THE 984 LAND USE MAP.

985 STAFF RECOMMENDS APPROVAL.

986 I'LL TAKE ANY QUESTIONS.

987 >> SO FOR SOME REASON, I MIGHT HAVE HAD THE CITY ON ALL THREE PROPERTIES AND 988 SELLING THE PROPERTIES.

989 THE -- >> THEY OWN THE COTTON WAREHOUSE.

990 >> THE COTTON WAREHOUSE IS THE CITY OF ABILENE.

991 MR. SHEETS' IS 702 AND MR. WOLFE IS 701.

992 >> WHY ALL TOGETHER?

993 >> JUST CONVENIENCE IN THE SAME GENERAL AREA.

[01:00:03]

994 IT MAKES IT EASIER.

995 >> WAS THERE FEES?

996 >> THIS IS IN THE NEIGHBORHOOD EMPOWERMENT ZONE SO THEY WERE ALL 997 WAIVED.

998 >> MR. FAMBLE: ANY OTHER QUESTIONS? 999 THANK YOU, SIR.

1000 I'LL OPEN THE PUBLIC HEARING.

1001 ANYONE CARE TO SPEAK TO THIS ITEM, PLEASE COME FORWARD.

1002 SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING.

1003 DISCUSSION FROM THE COMMISSION? 1004 OR A POSSIBLE MOTION?

1005 >> SO MOVED.

1006 >> SECOND.

1007 >> AMEN.

1008 >> MR. FAMBLE: THEY SPOKE.

1009

1010 >> MR. FAMBLE: HIT THE EASY BUTTON.

1011 >> MR. SMITH: YES.

1012 >> MR. LANGFORD: YES.

1013 >> MR. ROSENBAUM: YES.

1014 >> MR. CALK: YES.

1015 >> MR. NUNAN: YES.

1016 >> MR. FAMBLE: YES.

1017 >>> NEXT ITEM ON THE AGENDA IS Z-2019-06.

[f.  Z-2019-06  Public hearing and possible vote to recommend approval or denial to the City Council on a request from the City of Abilene, agent Don Green, to enlarge the boundary of Planned Development District Number 2 (PD 2) to include all 1,454+ acres in Lot 101 and 102 in Block A of the Abilene Airport Addition to Abilene, Taylor County, Texas, allowing General Retail (GR) and Light Industrial (LI) uses as well as airport-related uses in Lot 101. These lots 101 and 102 included the entire site of Abilene Regional Airport at 2850 Airport Boulevard and TSTC’s Abilene Campus at 2082 Quantum Loop]

1018 PUBLIC HEARING AND POSSIBLE VOTE TO RECOMMEND APPROVAL OR DENIAL TO THE CITY 1019 COUNCIL ON A REQUEST FROM THE CITY OF ABILENE, AGENT DON GREEN, TO ENLARGE THE 1020 BOUNDARY OF THE PLANNED DEVELOPMENT DISTRICT NUMBER 2, PD2, TO ADDITION TO 1021 ABILENE TAYLOR COUNTY TEXAS ALLOWING GENERAL RETAIL GR AND LIGHT INDUSTRIAL LI 1022 USES AS WELL AS AIRPORT-RELATED USES IN LOT 101.

1023 THESE LOTS 101 AND 102 INCLUDED THE ENTIRE SITE OF ABILENE REGIONAL AIRPORT AT 1024 2850 AIRPORT BOULEVARD AND TSTC'S ABILENE CAMPUS AT 2082 QUANTUM LOOP.

1025 >> THANK YOU, MR. CHAIRMAN.

1026 MY NAME IS BRAD STONE.

1027 I'M A PLANNER ON THE PLANNING AND ZONING STAFF.

1028 THE FUNDAMENTAL REQUEST HERE IS TO ADOPT A NEW PLANNED DEVELOPMENT ZONING 1029 CLASSIFICATION FOR LAND WHICH IS PRESENTLY OCCUPIED BY ABILENE REGIONAL AIRPORT 1030 AND BY TEXAS STATE TECHNICAL COLLEGES, ABILENE CAMPUS.

1031 MOST OF ABILENE REGIONAL AIRPORT AND ALL OF TEXAS STATE TECHNICALAL COLLEGE, 1032 AT LEAST THEIR ABILENE CAMPUS, ARE NOW EMBRACED WITHIN A CERTAIN PLANNED 1033 DEVELOPMENT DISTRICT 2.

1034 WITHIN WHICH ARE ALLOWED, AIRPORT-RELATED USES, COLLEGE UNIVERSITIES, AND 1035 TRADE BUSINESS SCHOOLS.

1036 THIS EXISTING PLANNED DEVELOPMENT DISTRICT NUMBER 2 WHICH I'LL REFERENCE 1037 SIMPLY AS PD2 IS PROPOSED TO BE REPLACED WITH A NEW AND IMPROVED PLANNED 1038 DEVELOPMENT DISTRICT 161 OR PD161.

1039 THE PURPOSE OF THIS -- EXCUSE ME.

1040 GO BACK TO THIS.

1041 THE PURPOSE OF THIS PROPOSED PD161 IS TWO-FOLD.

1042 TWO REASONS.

1043 THE FIRST OF ALL IS TO EXPAND THE DISTRICT'S GEOGRAPHIC BOUNDARIES TO 1044 ENCOMPASS PRACTICALLY ALL LAND ACQUIRED BY THE CITY OF ABILENE FOR AIRPORT 1045 PURPOSES OVER THESE MANY YEARS.

1046 THE ORIGINAL PD NUMBER 2 DATES BACK TO 1975.

1047 AND SINCE THAT TIME, SOME SIGNIFICANT ADDITIONAL LAND HAS BEEN ACQUIRED AROUND 1048 THE MARGIN OF THE ORIGINAL AIRPORT FOR BUFFER ZONES.

1049 THE LIMITS OF PD2 WERE EXPANDED IN 2017, A LITTLE BIT, TO ENCOMPASS SOME OF 1050 THE -- SOME OF THE MARGINAL LAND FOR TEXAS STATE TECHNICAL COLLEGE.

1051 PROPOSED PD NUMBER 161 EXPANDS THOSE GEOGRAPHIC LIMITS SUBSTANTIALLY TO 1052 ENCOMPASS ALL OF THE CERTAIN LOT 101 WHICH IS OCCUPIED BY ABILENE REGIONAL 1053 AIRPORT.

1054 AND ALL OF A CERTAIN LOT 102 OCCUPIED BY TEXAS STATE TECHNICALAL COLLEGE.

1055 THE SECOND PURPOSE OF THE PROPOSED PD161 AIMS TO ALLOW NOT ONLY AIRPORT RELATED 1056 USES, COLLEGE UNIVERSITIES AND TRADE AND BUSINESS SCHOOLS BUT ALSO ALLOW ALL 1057 USES ORDINARILY ALLOWED IN GENERAL RETAIL AND LIGHT INDUSTRIAL ZONING 1058 DISTRICTS.

1059 THE SUBJECT PROPERTY INDICATED ON THIS MAP BY THE STRIPED AREA HAS 1060 SUBSTANTIAL FRONTAGE ON HIGHWAY 36 WHICH IS A MAJOR ARTERIAL AND ON LOOP 322 1061 WHICH OF COURSE IS AN URBAN EXPRESSWAY.

1062 THE 1500 PLUS ACRES OF THE PROPOSED PLANNED DEVELOPMENT DISTRICT THAT IS PD161 ARE

[01:05:02]

1063 SURROUNDED MOSTLY BY VACANT AND AGRICULTURAL LAND.

1064 DIAMOND BACK GOLF COURSE IN RED ADJOINS A PORTION OF THE SOUTHWEST BOUNDARY.

1065 AND FROM THE SITE'S NORTHEAST BOUNDARY, TAYLOR COUNTY EXPO CENTER SHOWN 1066 HERE IN BLUE AND SOME SINGLE FAMILY RESIDENCES LIE ACROSS THE 300-FOOT 1067 WIDTH OF LOOP 322.

1068 WE NOTIFIED QUITE A FEW OWNERS OF PROPERTY SURROUNDING OR WITHIN 200 1069 FEET OF THIS SUBJECT PROPERTY.

1070 WE RECEIVED NO COMMENT FORMS EITHER IN FAVOR OR IN OPPOSITION OF THIS 1071 REQUESTED ZONE CHANGE.

1072 WE HAVE A FEW PICTURES OF THE AIRPORT AND AS YOU MIGHT SUSPECT, WE FIND 1073 RUNWAYS.

1074 SOME OF WHICH ARE NEWER AND SOME OF WHICH ARE OLDER BUT THERE ARE RUNWAYS AT THE 1075 AIRPORT.

1076 THERE ARE ALSO SERVICE ROADS WOULD CIRCUMVENT THE AIRPORT.

1077 SOME ARE NEWER AND SOME ARE OLDER.

1078 THE CITY STAFF RECOMMENDS APPROVING THIS NEW AND IMPROVED PD161 FOR THE 1079 AIRPORT AND FOR TEXAS STATE TECHNICAL COLLEGE.

1080 THE PROPOSED NEW PLANNED DEVELOPMENT DISTRICT ENCOMPASSES ALL OF PD2 AND 1081 SOME ADJACENT AO-ZONED PROPERTY.

1082 AO-ZONED PROPERTY WHICH INCIDENTLY WAS OWNED WITH THE CITY OF ABILENE AND 1083 PURPOSED WITH INCIDENT OF CREATING A BIGGER BUFFER ZONE AROUND THE AIRPORT.

1084 THE PURPOSE OF THE PLANNED DEVELOPMENT DISTRICT IS SECONDLY TO ALLOW ALL LIGHT 1085 INDUSTRIAL AND GENERAL RETAIL ALLOWED USES ON THE AIRPORT GROUNDS.

1086 AND THAT IS CONSISTENT WITH THE ACTIVITIES LONG HAVING BEEN ALLOWED ON AIRPORT 1087 PROPERTY.

1088 THE AIRPORT RELATED USES THERE ARE INDUSTRIAL AND/OR RETAIL IN CHARACTER EVEN IF 1089 THEY'RE AIRPORT-RELATED.

1090 EXPANDING THE RANGE OF PERMITTED USE ALLOWS LI AND GR-TYPE USES TO LOCATE ON 1091 THE AIRPORT PROPERTY WITHIN THE BOUNDS OF PD-161 EVEN THOUGH THEY'RE NOT 1092 NECESSARILY AIRPORT-RELATED.

1093 CITY STAFF RECOMMENDS APPROVAL OF THIS REQUEST.

1094 I'D BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE.

1095 THANK YOU.

1096 >> SO THE BASE ZONING OF PD161 WILL BE LIGHT INDUSTRIAL AND GENERAL 1097 RETAIL.

1098 >> CORRECT.

1099 >> WHAT ABOUT PD2?

1100 >> OH, THERE WASN'T ONE.

1101 >> MR. FAMBLE: WOW 1102 HOW YOU LIKE THAT.

1103 >> THEY KEPT IT TOGETHER WITHOUT FALLING APART.

1104 >> MR. FAMBLE: WOW.

1105 >> TAKE A STEP BACK.

1106 THE CONCEPT OF A PLANNED DEVELOPMENT DISTRICT HERE IN ABILENE WAS CREATED WITH A 1107 NEW ZONING ORDINANCE ADOPTED IN 1974.

1108 THE FIRST PLANNED DEVELOPMENT DISTRICT CREATED PD1 WAS FOR THE AIR 1109 FORCE BASE.

1110 TO ALLOW ANYTHING AND EVERYTHING THAT THE FEDERAL GOVERNMENT WANTS TO DO WITH 1111 THE AIR FORCE BASE.

1112 IT'S UP TO THEM.

1113 PD2 PERTAINED TO THE AIRPORT AND IDENTIFIED THE BOUNDARIES WHICH WAS AT 1114 THAT TIME THE PROPERTY OWNED BY THE CITY OF ABILENE FOR AIRPORT PURPOSES AND 1115 SIMPLY IDENTIFIED ALLOWED USES TO BE THOSE CHOO ARE AIRPORT -- WHICH ARE 1116 AIRPORT RELATED.

1117 NOW AS THE AIRPORT SERVICES MANAGER IS HERE TODAY TO EXPLAIN THEIR PLANS FOR THE 1118 USE OF THIS PROPERTY.

1119 BUT THEIR PLANS IN THE FUTURE MAY INCLUDE CERTAIN LIGHT INDUSTRIAL AND 1120 GENERAL RETAIL ACTIVITIES THAT ARE NOT AIRPORT-RELATED AND APPROVAL 1121 OF THIS PLANNED DISTRICT PROPOSED WOULD ALLOW THEM TO DO THAT.

1122 >> MR. FAMBLE: ANY OTHER QUESTIONS?

1123 >> YES.

1124 THERE IS ON THE EXISTING LAND USE MAP A LOT 2766 WHICH HAS AN "X" ON IT AND 1125 LIGHT BLUE BOX.

1126 CAN YOU EXPLAIN WHAT THAT IS?

1127 >> JUST CLICKED ON WHEN THE MAP WAS BEING MADE.

1128 IT'S JUST HIGHLIGHTED.

1129 >> MR. FAMBLE: ANY OTHER QUESTIONS?

1130 >> IF WE CAN GET THE SPELLING CORRECTED FOR INTERNATIONAL.

1131 >> MR. FAMBLE: WOULD THAT BE OKAY? 1132 I KNEW THAT WAS COMING.

1133 I KNEW IT.

1134 THANK YOU, SIR.

[01:10:01]

1135 >> SO, BRAD.

1136 GO BACK TO THE SLIDE YOU HAD UP.

1137 >> HOW ABOUT THAT ONE?

1138 >> THE ONE WITH ALL THE WORDS ON IT.

1139 >> OH, THE LAST ONE? 1140 OH, OKAY.

1141 >> SO RIGHT THERE, TO INCLUDE ALL LIGHT INDUSTRIAL IS CONSISTENT 1142 WITH THE ACTIVITIES HAVING LONG BEEN ALLOWED ON THE PROPERTY.

1143 ARE YOU SAYING THERE ARE THINGS ON THE AIRPORT PROPERTY THAT ARE NOT 1144 RELATED THAT MEET LI AND GR?

1145 >> YES.

1146 EAGLE AVIATION SERVICES DOES -- THEY HAVE BIG HANGERS THERE.

1147 BIG FACILITIES.

1148 THEY MAINTAIN AIRCRAFT.

1149 IT'S A LIGHT INDUSTRIAL TYPE USE BUT IT'S AIRPORT-RELATED.

1150 THERE IS ALSO -- I BELIEVE A RESTAURANT THERE.

1151 IT'S -- GR.

1152 IT'S ALLOWED IN GENERAL RETAIL ZONING DISTRICTS BUT ALSO AT THE AIRPORT BECAUSE 1153 IT'S FOR AIRPORT CUSTOMERS.

1154 >> HOW DOES TSTC FALL INTO THIS?

1155 >> IT'S EMBRACED WITHIN THE ORIGINAL -- WITHIN LAND ONCE OWNED BY THE CITY OF 1156 ABILENE IN 2017.

1157 THAT LAND WAS SPLIT OFF BY NAMES OF A REPLAT.

1158 IDENTIFIED AS LOT 102.

1159 THE AIRPORT IDENTIFIED AS LOT 101.

1160 AND IS EMBRACED WITHIN THIS PLANNED DEVELOPMENT DISTRICT 161.

1161 >> YOU PROBABLY SAID THAT AND I DIDN'T PICK UP ON IT.

1162 >> WELL, IT WAS DEEP WITHIN THE CONFINES OF THE WRITTEN STAFF REPORT BUT YES.

1163 THEIR PROPERTY IS EMBRACED WITHIN THIS PROPERTY AS WELL.

1164 JUST FOR CLARIFICATION, I'D LIKE TO -- IT'S INSET FROM THE SUBDIVISION PLAT 1165 CREATING 101 AND 102 WITH THE LAND 10 WHICH WAS SPLIT OFF FOR -- AND SOLD TO THE 1166 TEXAS STATE TECHNICAL COLLEGE.

1167 >> MR. FAMBLE: CAN YOU PUT THAT ON THE PROJECTOR? 1168 ANY OTHER QUESTIONS FOR BRAD?

1169 >> IT FALLS INTO LI OR GR.

1170 THAT -- >> THE RANGE OF ALLOWABLE USES -- >> IT'S ALL RIGHT.

1171 >> THE RANGE OF ALLOWABLE USES INCLUDES AIRPORT-RELATED USES.

1172 LI, GR, UNIVERSITIES, COLLEGES, AND TRADE AND BUSINESS SCHOOLS.

1173 SO ALL OF THAT IS PROPOSED TO BE EMBRACED WITHIN THIS PROPOSE POSED PD161.

1174 >> MR. FAMBLE: THANK YOU.

1175 I'LL GO AHEAD AND OPEN THE PUBLIC HEARING.

1176 ANYONE CARE TO SPEAK TO THIS, PLEASE COME FORWARD WHEN WE'RE LOOKING AT THE 1177 SCREEN.

1178 >> GOOD AFTERNOON, AGAIN.

1179 DON GREEN.

1180 DIRECTOR OF TRANSPORTATION SERVICES.

1181 WE -- I DO WANT TO MAKE A CLARIFICATION.

1182 WE WANT TO EXCLUDE TSTC FROM THIS.

1183 LOT 102.

1184 THAT WAS SOLD TO TSTC IN 2017 TO DEVELOP THE NEW CAMPUS.

1185 THE INTENTION WAS NOT TO HAVE THEM INCLUDED IN THIS REZONING.

1186 SO WE WANT TO EXCLUDE THEM AND THERE IS A REPRESENTATIVE HERE FROM 1187 TSTC TO CONFIRM THAT AS WELL.

1188 BUT WHAT WE'RE DOING, WE'RE EXCITED ABOUT THIS AS AN AIRPORT STAFF THAT WE HAVE 1189 AN OPPORTUNITY TO UNDERGO LAND USE PLANNING FOR PARTS OF THE AIRPORT.

1190 YOU CAN SEE IN PART OF THE PRESENTATION, THAT SOME AREAS THAT WE WERE FOCUSED 1191 ON IN THE LAND USE PLANNING STUDY THAT WE THINK HAVE POTENTIAL FOR INDUSTRIAL 1192 AEROSPACE TYPE USES WITHIN THE AIRPORT.

1193 AND AN AREA RIGHT ON THE FRONTAGE OF THE NEW LINDBURG LANE OR LINDBURG DRIVE 1194 WHERE THE OLD SAAB AMERICAN EAGLE AIRCRAFT USED TO BE.

1195 THOSE ARE GONE AS OF THREE WEEKS AGO.

1196 WE'RE LOOKING AT POTENTIAL RETAIL USE FOR THAT AND WE'D DO A REQUEST FOR PROPOSALS 1197 FOR USE OF THAT SO WE'RE EXCITED ABOUT THE DEVELOPMENT AROUND THE 1198 AIRPORT.

1199 ALONG THE I -- THE HIGHWAY 36.

1200 LOOP 322 AREA AND WE THINK THERE IS AGAIN POTENTIAL FOR ON -- ON AIRPORT 1201 DEVELOPMENT AS WELL.

1202 THIS JUST HELPS US PREPARE FOR THIS.

1203 WE'VE BEEN VERY APPRECIATIVE OF STAFF HELPING WITH THIS AND COMING UP WITH A WAY OF 1204 MAKING THE DEVELOPMENT EASIER FOR FOLKS.

1205 WE HAVE A VERY OLD MASTER PLAN.

[01:15:02]

1206 WE'RE IN THE PROCESS OF GOING THROUGH A MASTER PLAN REVISION BUT WE HIRED 1207 ANOTHER FIRM TO SEPARATELY WORK ON THE LAND USE PLANNING FOCUSING MORE IN 1208 DEPTH OF WHAT AN FAA MASTER PLAN WOULD DO.

1209 THIS IS TO FOCUS ON THE INDUSTRIAL AEROSPACE DEVELOPMENT WE'RE LOOKING 1210 TOWARD.

1211 >> DON, WHEN YOU SOLD LOT 102, DID -- THAT WAS STILL UNDER THE PD2.

1212 IS THAT CORRECT?

1213 >> THAT'S CORRECT.

1214 NO CHANGES THERE.

1215 >> NO CHANGES.

1216 OKAY.

1217 SO YOU'RE GOING TO EXCLUDE THAT WITH THIS CHANGE AND IT'S GOING TO REMAIN PD2.

1218 >> YES, SIR.

1219 >> JUST WANT TO MAKE SURE I'M CLEAR ON THAT.

1220 >> MR. FAMBLE: ANY OTHER QUESTIONS? 1221 THANK YOU, SIR.

1222 ANYONE ELSE CARE TO SPEAK TO THIS ITEM? 1223 PLEASE COME FORWARD.

1224 >> GOOD AFTERNOON.

1225 I'M RIM DENBO FOR TSTC WEST TEXAS AND I WANT TO CONFIRM WHAT MR. GREEN SAID.

1226 TSTC'S 51 PLUS ACRES SHOULD BE EXCLUDED FROM THIS CONSIDERATION.

1227 THANK YOU, GENTLEMEN.

1228 IF YOU HAVE QUESTIONS, I'D BE MORE THAN HAPPY TO ANSWER.

1229 >> MR. FAMBLE: THANK YOU, SIR.

1230 ANYONE ELSE CARE TO SPEAK?

1231 >> MAY I ADDRESS?

1232 >> MR. FAMBLE: YES, SIR.

1233 >> THERE ARE SEVERAL REASONS WHY STAFF RECOMMENDED THE PROPOSED PD161 IN ITS 1234 PRESENT CONFIGURATION INCLUDING LOT 102 AND LOT 101.

1235 ONE, IT'S SIMPLER.

1236 SECONDLY, AS YOU SAW THE BOUNDARY SEPARATING LOT 101 FROM 102 IS AS YOU MIGHT 1237 SAY ARTICULATE.

1238 CONVOLUTED.

1239 A LOT OF ZIGS AND ZAGS.

1240 IF THE PARTIES EVER DECIDED TO ADJUST THOSE BOUNDARIES, THAT CAN ALL BE 1241 ACCOMPLISHED WITHOUT HAVING TO CHANGE PD161 AS IT'S BEEN PROPOSED.

1242 THOSE BOUNDARIES ALSO MIGHT BE DESCRIBED AS ARTIFICIAL.

1243 THAT IS THEY'RE NOT BASED UPON STREETS OR ALLEYS OR PHYSICAL FEATURES AS 1244 STREAMS. 1245 THEY'RE ARTIFICIAL.

1246 BASED UPON THE PERCEIVED NEEDS OF THE AIRPORT AND TEXAS STATE TECHNICAL 1247 COLLEGE NOW.

1248 BECAUSE THEY'RE ARTIFICIAL, THERE IS NO FUNDAMENTAL REASON TO DISTINGUISH 1249 REGULATIONS PERINANT TO ONE FROM THE ZONING REGULATIONS PERTINENT TO THE OTHER.

1250 NOTHING WE SHOULD DO SHOULD EVER GIVE THE APPEARANCE OF PROVIDING ONE PROPERTY 1251 OWNER AN ADVANTAGE AT THE DISADVANTAGE OF THE OTHER.

1252 THEY'RE BOTH CONTAINED WITHIN THIS LARGE PROPERTY WHICH IS PROPOSED TO HAVE A 1253 SINGLE ZONING CLASSIFICATION PD161 AND BOTH PROPERTIES ARE 1254 PROPOSED TO HAVE THE SAME RANGE OF ALLOWED USES.

1255 AGAIN FOR THE SAKE OF SIMPLICITY AND SAKE OF FLEXIBILITY IN THE FUTURE, 1256 AS THEY MAY CHOOSE TO ADJUST THE BOUNDARIES AND FOR THE SAKE OF PROPRIETY 1257 TO MAKE SURE WE'RE NOT APPEARING TO GIVE ONE PROPERTY OWNER AN ADVANTAGE 1258 OR PRIVILEGE NOT ENJOYED BY ANOTHER PROPERTY OWNER IN VERY CLOSE CONFIGURATION.

1259 THANK YOU.

1260 >> I'M CONFUSED WHERE THE COLLEGE AND UNIVERSITY PIECE FITS IN WITH THESE 1261 DESIGNATIONS.

1262 WHERE IS THAT? 1263 SPH.

1264 >> THEY OCCUPY ALL OF LOT 102.

1265 THE AIRPORT OCCUPIES ALL OF LOT 101.

1266 >> LET ME EXPLAIN TO BILL.

1267 I THINK YOU HAVE EVERYONE CONFUSED.

1268 I WAS CONFUSED.

1269 YOU'RE LOOKING AT THE SLIDE.

1270 THE SLIDE DOESN'T NECESSARILY SAY UNIVERSITY COLLEGE.

1271 BUT IF YOU READ THE SPECIFIC MODIFICATIONS IN THE PD, IT SAYS AIRPORT RELATED USE IS 1272 AIRPORT, TRADE BUSINESSES, AND SCHOOLS WITH -- SO IT -- IN THE ACTUAL PD 1273 LANGUAGE IT SAYS IT.

1274 IT DOESN'T SAY IT.

1275 >> FOR 161 BUT NOT UNDER 2.

1276 >> IT APPEARS TO ME THAT TSTC GOING AND PD2 WAS A VIOLATION OF PD2.

1277 >> THAT'S WHERE I WAS GOING AND THEY WANT TO STAY.

1278 >> WELL, IN 2017, PD2 WAS AMENDED TO DO TWO THINGS.

[01:20:02]

1279 ONE, TO EXPAND THE BOUNDARIES OF PD2 TO INCLUDE WHAT WAS PROPOSED 1280 TO BE CONVEYED AND SECONDLY TO ALLOW TRADE SCHOOLS AN UNIVERSITIES.

1281 >> SO PD2 WAS AMENDED.

1282 >> YES.

1283 IT WAS AMENDED IN 2017.

1284 WE PROPOSED TO AMEND IT EVEN FURTHER WITH THIS PROPOSED NEW PLANNED DEVELOPMENT 1285 DISTRICT.

1286 >> YOU PROPOSED TO DO AWAY WITH PD2.

1287 >> YES.

1288 FOR ALL PRACTICAL PURPOSES IT WILL GO AWAY AND THERE WILL BE A NEW ORDINANCE 1289 GOVERNING 101 AND 102 ALLOWING THE SAME RANGE OF ALLOWED USES ON BOTH OF THE 1290 TSTC-OWNED PROPERTY AND AIRPORT-OWNED PROPERTY.

1291 >> SO REALLY WHAT YOU'RE DOING TO LOT 102 IS SAYING WE'LL ALLOW LI AND GR USES 1292 ON 102.

1293 >> BECAUSE IT'S EMBRACED WITHIN THE PLANNED DEVELOPMENT DISTRICT AND 1294 THE BOUNDRIES BETWEEN 101 AND 102 ARE FOR LACK OF A BETTER TERM KIND OF 1295 ARTIFICIAL.

1296 >> THEY'RE DEFINED BY BEETS AND BOUNDS.

1297 >> YEAH.

1298 DEFINED BY A SUBDIVISION PLAT.

1299 >> AND THE OWNER OF LOT 102-A DOESN'T WANT THE ZONING CHANGED.

1300 >> BUT YOU'RE THE PLANNING AND ZONING COMMISSION AND WE, THE STAFF, RECOMMEND A 1301 SIMPLIFIED ORDINANCE THAT ACCOMPLISHES THE GOALS WHICH WE'VE EXPLAINED.

1302 >> I UNDERSTAND.

1303 WE STILL --.

1304 >> MR. FAMBLE: A PUBLIC HEARING IS STILL GOING.

1305 >> MY QUESTION NOW WOULD BE WOULD MR. GREEN OR DENBO, IF THEY'D LIKE TO COME BACK 1306 UP.

1307 NOW IF Y'ALL WOULD LIKE TO COMMENT ON THAT AGAIN.

1308 >> I'M -- I GUESS I WOULD ADDRESS THIS TO MR. SMITH WHO MAY OR MAY NOT REMEMBER 1309 ONE OF THE CONDITIONS OF THE SALE OF PROPERTY WAS EDUCATIONAL USE ONLY.

1310 SO WHICH TAKES PRECEDENT?

1311 >> I DON'T RECALL THAT ANY OF THE CONDITIONS IN THAT SALE.

1312 >> IT WAS VERY SPECIFIC IN CONDITION AND SALE OF THE 51 PLUS ACRES IT WAS STRICTLY 1313 FOR EDUCATIONAL.

1314 SO THAT WOULD BE MY QUESTION.

1315 WE HAVE NO INTENTION OF DEVELOPING OR PUTTING IN A GAS STATION.

1316 IT'S STRICTLY FOR EDUCATIONAL.

1317 WE'RE EXCITED ABOUT, YOU KNOW, THE CAREER TECH HIGH SCHOOL ON THE SOUTH END OF 1318 OUR PROPERTY AND I GUESS WE DON'T SEE A NEED TO BE INCLUDED IN THIS.

1319 THERE IS A DEFINED PROPERTY LINE.

1320 A DEFINED SIX-FOOT PLUS FENCE THAT GOES LONG THE LINE.

1321 IT IS ERRATIC BUT THAT'S THE WAY IT IS AND WE'RE HAPPY TO LIVE WITH THAT.

1322 I SEE THIS NO DIFFERENT THAN ANY OTHER PROPERTY THAT -- WHERE YOU'RE 1323 CONSIDERING A ZONING CHANGE IN OTHER PROPERTY UP TO THAT.

1324 I'D ASK THIS BOARD TO CONSIDER REMOVING US FROM THIS PROPERTY CHANGE -- OR 1325 ZONING CHANGE.

1326 >> MR. FAMBLE: THANK YOU, SIR.

1327 YES, SIR?

1328 >> IF Y'ALL CHOOSE TO MAKE IT A CONDITION, IF THEY CHANGE THEIR MIND AT A 1329 LATER DATE, THEY CAN ALWAYS REQUEST TO BE ADDED BACK IN TO THE REQUEST.

1330 >> SO INSIDE THE CURRENT ZONING FOR LOT 102, IF THEY WANT A COFFEE SHOP OR SNACK 1331 BAR OR SANDWICH SHOP OR SOMETHING LIKE THAT, IS THAT ALLOWED IN THAT?

1332 >> IT WOULD BE A UNIVERSITY-ASSOCIATED USE.

1333 JUST LIKE ACU OR SOMETHING LIKE THAT.

1334 >> JUST LIKE A DELI OR SOMETHING.

1335 >> THAT'S COMPLETELY DIFFERENT.

1336 YEAH.

1337 SO FOR SIMPLICITY PURPOSES FOLLOWING PD2 AND THE AMENDMENTS AND MINUTES, 1338 IT'S VERY DIFFICULT.

1339 SO WHAT BRAD WAS TRYING TO CONVEY WITH ALL THIS WAS TO GET A SIMPLISTIC DRONING 1340 ORDINANCE FOR THE NEXT STAFF OR WHOEVER.

1341 IF THEY CHOOSE TO REMOVE THE TSTC CAMPUS, AT A LATER POINT AND THEY CHOOSE TO BE 1342 ADDED BACK IN, THEY CAN ALWAYS COME BACK.

1343 THERE IS A COUPLE OPTIONS.

1344 >> MR. FAMBLE: THANK YOU, SIR.

1345 ANYONE ELSE CARE TO SPEAK TO THIS ITEM? 1346 SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING.

1347 >> WELL, I'M NOT COMFORTABLE GOING AGAINST THE OWNER'S WISHES.

1348 >> MR. FAMBLE: YOU ARE OR ARE NOT?

1349 >> ARE NOT.

1350 >> I CAN DEBATE THE CITY SIDE OF THINGS BUT THE OWNER'S SIDE OF THINGS TOO

[01:25:19]

1351 AND WE HEARD A RESOUNDING NO FROM THE OWNER AND HE CAN ALWAYS COME BACK.

1352 SO DO YOU WANT TO MAKE THE MOTION?

1353 >> I MOVE THAT -- TO APPROVE EXCEPT WITH THE EXCEPTION THAT WE TAKE LOT 102 OUT OF 1354 THE -- I GUESS COME OUT OF THE LEGAL DESCRIPTION IN PD161 AND OUT OF THE -- NOT 1355 IN THE SPECIFIC MODIFICATION.

1356 SO YEAH.

1357 SO OUT OF THE LEGAL DESCRIPTION OF THE PD161 AND LEAVE --.

1358 >> MR. FAMBLE: 102-A?

1359 >> IT SAYS 102 AND BLOCK A.

1360 AND THE STAFF -- THE PARAGRAPH PART FOUR ON ZONING MAY NEED TO CHANGE 1361 ALSO.

[g.  Z-2019-07  Public hearing and possible vote to recommend approval or denial to the City Council on a request from Rondo Properties PTSH and First Bank of West Texas, agent Paul Johnson, to rezone 2.673 acres of now-vacant land bordering south side of South 25th Street between Buffalo Gap Road and Ross Avenue, from a combination of General Commercial (GC) and Neighborhood Retail (NR) Districts, to a General Retail (GR) District with a Conditional Use Permit allowing multi-family residences on all 2.973 acres. Legal Description being a certain .874 acre tract and a certain .276 acre tract our of Lot 3, and west 89.95’ of north 2287.7’ of lot 203 and entire Lot 301, all in Block 1 of Over Place Addition to Abilene]

1362 SO I GUESS WE'D MOVE TO REMOVE LOT 102 FROM THE PD161 AND LEAVE IT.

1363 >> IF YOU REMOVE 102 FROM THE REQUEST THEY'D REVERT BACK TO THE PD2.

1364 THEY'D STILL FALL UNDER.

1365 >> IT LOOKS LIKE BY THIS LANGUAGE PD2 HAS GONE AWAY.

1366 >> WE'D HAVE TO ADJUST THE LANGUAGE OBVIOUSLY BUT YES.

1367 IF THAT'S HOW Y'ALL ARE DECIDING.

1368 >> I'LL SECOND.

1369 >> MR. FAMBLE: WE HAVE A MOTION AND SECOND.

1370 >> MR. SMITH: YES.

1371 >> REVEREND LANGFORD.

1372 >> MR. FAMBLE: HE HAD TO LEAVE.

1373 >> MR. ROSENBAUM: YES.

1374 >> MR. CALK: YES.

1375 >> MR. NEWMAN: YES.

1376 >> MR. FAMBLE: YES.

1377 >> THE MOTION TO APPROVE WITH THE REMOVAL OF LOT 102 FROM THE REQUEST AND THE 1378 LANGUAGE REVISED CARRIES.

1379 >> MR. FAMBLE: NEXT ITEM IS Z-2019-07.

1380 PUBLIC HEARING AND POSSIBLE VOTE TO RECOMMEND APPROVAL OR DENIAL TO THE SOOUNL ON 1381 A REQUEST FROM RONDO PROPERTIES PTSH AND FIRST BANK OF WEST TEXAS, AGENT 1382 PAUL JOHNSON, TO REZONE 2.673 ACRES OF NOW-VACANT LAND BORDERING SOUTH SIDE 1383 OF SOUTH 25TH STREET BETWEEN BUFFALO GAP ROAD AND ROSS AVENUE, FROM A 1384 COMBINATION OF GENERAL COMMERCIAL GC AND NEIGHBORHOOD RETAIL NR 1385 DISTRICTS, TO A GENERAL RETAIL, GR DISTRICT, WITH A CONDITIONAL USE PERMIT 1386 ALLOWING MULTI-FAMILY RESIDENCES ON ALL 2.973 ACRES LEGAL DESCRIPTION 1387 BEING A CERTAIN .

1388 874 ACRE TRACK AND CERTAIN .

1389 276 ACRE TRACT OF LOT 3 AND WEST 89.95 FEET OF NORTH 2287.7 FEET OF LOT 203 AND 1390 ENTIRE LOT 301 IN ALL BLOCK 1 OF OVER PLACE ADDITION TO ABILENE.

1391 >> THANK YOU, MR. CHAIRMAN.

1392 THE APPLICANTS ARE ASKING TO CHANGE THE ZONING OF THEIR PROPERTY FROM A COMBINATION 1393 OF GENERAL COMMERCIAL AND NEIGHBORHOOD RETAIL TO SIMPLY A GENERAL RETAIL 1394 ZONING DISTRICT ON APPROXIMATELY 2.5 ACRES OF LAND.

1395 2.6729 TO BE EXACT.

1396 THE APPLICANTS ARE ALSO SIMULTANEOUSLY SEEKING APPROVAL OF A CONDITIONAL 1397 USE PERMIT ON ALL THAT SAME ANCHORAGE TO ALLOW MULTI-FAMILY RESIDENCES 1398 THERE.

1399 THE SUBJECT 2.5 ACRES BORDER THE SOUTH SIDE OF SOUTH 25TH STREET BETWEEN BUFFALO 1400 GAP ROAD ON THE EAST AND ROSS AVENUE ON THE WEST.

1401 OWNERS OF THE ACREAGE DESIRE TO SELL THE LAND FROM MULTI-FAMILY RESIDENCES.

1402 THE APARTMENT DEVELOPERS PUT UP A PACKAGE THAT PUTS TOGETHER TAX CREDITS FROM 1403 HOUSING AND COMMUNITY AFFAIRS.

1404 THESE ARE AWARDED HERE IN ABILENE AND ELSEWHERE IN TEXAS.

1405 MULTI-FAMILY RESIDENCES ARE NOT ALLOWED IN GENERAL COMMERCIAL ZONING DISTRICTS 1406 SUCH AS THAT WITHIN TWO THIRDS OF THE PROPERTY IS SITUATED.

1407 THE REMAINING ONE THIRD OF THIS PROPERTY LIES IN A NEIGHBORHOOD RETAIL 1408 DISTRICT WHERE MULTI-FAMILY RESIDENCES WITH APPROVAL OF A CONDITIONAL USE PERMIT.

1409 THE APPLICANTS COULD SEEK APPROVAL OF MULTI-FAMILY RESIDENTIAL ZONING ON ALL 1410 2.5 ACRES OF PROPERTY.

1411 IF THAT REZONING TO MF WERE APPROVED, AND THE TAX CREDITS ARE NOT AWARDED TO 1412 THIS PARTICULAR APARTMENT PROJECT, THEN ANY IMMEDIATE PROSPECTS FOR THAT 1413 DEVELOPMENT WOULD DISAPPEAR.

1414 THE PROPERTY'S OWNERS WOULD THEN BE FOR LACK OF A BETTER TERM STUCK WITH

[01:30:06]

1415 MULTI-FAMILY RESIDENTIAL ZONING AND LOST ANY POTENTIAL FOR COMMERCIAL 1416 DEVELOPMENT THERE.

1417 HENCE THE REQUEST FOR GR REZONING ON ALL 2.5 ACRES AND CONDITIONALAL YEAHS 1418 PERMIT.

1419 -- USE PERMIT.

1420 LAND LOCATED SOUTHEAST OF THE SUBJECT PROPERTY LIES WITHIN A GENERAL COMMERCIAL 1421 ZONING DISTRICT SHOWN HERE IN RED.

1422 LAND LOCATED NORTH OF THE SUBJECT PROPERTY ACROSS THE WIDTH OF SOUTH 25TH STREET 1423 LIES IN A MULTI-FAMILY DISTRICT OCCUPIED BY A LARGE APARTMENT COMPLEX.

1424 THAT APPEARS AS THE YELLOW COLOR.

1425 ON THE -- TOP OR NORTH SIDE OF THE GRAPHIC.

1426 THE WESTERN EXTREMITY OF THE SUBJECT PROPERTY IS IN A NEIGHBORHOOD RETAIL ZONING 1427 DISTRICT APPEARING IN PINK AS DOES THE LOT LOCATED DIRECTLY SOUTH FROM THE 1428 WESTERN EXTREMITY OF THE NEW GR DISTRICT.

1429 TO THE WEST AND ACROSS THE WIDTH OF ROSS AVENUE ARE SINGLE FAMILY HOMES IN AN 1430 RS-6 ZONING DISTRICT.

1431 LET'S GO BACK TO THIS IMAGE HERE.

1432 THE SUBJECT PROPERTIES LIE ALONG THE NORTHERN EDGE OF A CITY BLOCK AT THE 1433 NORTHWEST CORNER OF BUFFALO GAP ROAD AND SOUTH 27TH STREET.

1434 BOTH FULLY IMPROVED ARTERIAL STREETS.

1435 IT'S A LARGE CITY BLOCK ABOUT TEN ACRES AND ENTIRE SUBJECT PROPERTY IS WITHIN 1436 THAT CITY BLOCK.

1437 AS WE STATED BEFORE, IT IS GENERALLY APPROPRIATE TO CLUSTER RETAIL TRADE AND 1438 SERVICES AT STRATEGIC INTERSECTIONS OF MAJOR STREETS LIKE BUFFALO GAP 1439 ROAD AND SOUTH 27TH STREET.

1440 THE STRATEGIC LOCATIONS ALLOW THE EXPOSURE AND MULTI-DIRECTIONALAL STREET 1441 CAPACITY NECESSARY FOR SUCCESSFUL RETAIL DEVELOPMENT.

1442 IT MAY BE APPROPRIATE TO EMBRACE THE CITY BLOCK IN THE ZONING DISTRICT.

1443 PROPOSED RETAIL ZONING DOES INCLUDE SOME USEFUL PROVISIONS AND AIMED TOWARD 1444 MAKING IT COMPATIBLE WITH NEARBY RESIDENCES.

1445 THIS IS THE GENERAL RETAIL ZONING CLASSIFICATION AND WITHIN GENERAL RETAIL OR GR 1446 ZONING AUTOMOTIVE-RELATED USES ARE FOR THE MOST PART PROHIBITED FROM GR ZONING 1447 DISTRICTS AND PARKING LOTS AND LOADING AREAS IN GR DISTRICTS MUST BE SCREENED 1448 FROM RESIDENTIALLY ZONED LOTS.

1449 EVEN THE RESIDENTIALLY ZONED LOTS ACROSS THE STREET.

1450 WE'LL SKIP OVER EXISTING LAND USE, BECAUSE, WELL, THIS MAP WAS MADE 10 OR 12 1451 YEARS AGO AND NOT ENTIRELY ACCURATE ANY MORE.

1452 THERE IS MORE COMMERCIAL USES OUT THERE ON THIS BLOCK THAN THERE WERE 10 1453 YEARS AGO.

1454 IF THE SUBJECT PROPERTY IS INSTEAD DEVELOPED WITH MULTI-FAMILY RESIDENCES AS 1455 THE PROPONENTS HOPE, THEN SUCH DEVELOPMENT WILL PROVIDE A USEFUL TRANSITION 1456 BETWEEN EXISTING COMMERCIAL USE TO THE SOUTH AND EXISTING RESIDENCES TO THE 1457 NORTH ACROSS SOUTH 25TH STREET.

1458 THIS SLIDE SHOWS THE SCUMATIC LAYOUT OF MULTI-FAMILY RESIDENCES 1459 PLANNED ON THE SUBJECT PROPERTY.

1460 AND THERE ON THE NEXT SLIDE WE HAVE YET ANOTHER GRAPHIC IMAGE OF PROPOSED 1461 MULTI-FAMILY RESIDENTIAL BUILDING ON THIS PROPERTY.

1462 19 OWNERS OF PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTIES WERE FORMALLY 1463 NOTIFIED OF THIS REQUESTED ZONE CHANGE AND CONDITIONAL USE PERMIT.

1464 WE HAVE SO FAR RECEIVED FROM THE 19 SURROUNDING PROPERTIES OWNERS TWO 1465 RESPONSES IN FAVOR AND NONE IN OPPOSITION.

1466 WE DO HAVE SOME PHOTOS OF THE SUBJECT PROPERTY AND ITS SURROUNDINGS.

1467 I DON'T KNOW WHETHER I MENTIONED THIS BEFORE BUT THE ENTIRE SUBJECT PROPERTY 1468 IS VACANT OF ANY BUILDINGS.

1469 THE TOP LEFT PHOTO SHOWS THE IMAGE FROM SOUTH 25TH STREET LOOKING WEST TOWARD

[01:35:03]

1470 ROSS AVENUE.

1471 YOU CAN SEE THE ENTRANCE TO THE WESTERN BANK.

1472 AND THE VERY CENTER OF THE PHOTO.

1473 AND ON THE LOWER RIGHT WE HAVE AN IMAGE I BELIEVE LOOKING DIRECTLY SOUTH FROM 1474 SOUTH 25TH STREET.

1475 I ALSO LIKE THE IMAGE ON THE LOWER LEFT.

1476 YOU CAN SEE THE EXISTING MULTI-FAMILY RESIDENCES TO THE RIGHT OR NORTH AND TO 1477 THE LEFT YOU SEE THE SUBJECT PROPERTY.

1478 WE HAVE A FEW MORE PHOTOS SHOWING THE VACANT NATURE OF THE SUBJECT PROPERTY.

1479 THE TOP LEFT PHOTO DOES SHOW ROSS AVENUE ON THE RIGHT WHICH WOULD BE THE WESTERN 1480 EXTREMITY OF THE PROPOSED ZONE CHANGE AND EXISTING RESIDENCE DOES LIE IN AN 1481 ADJOINING LOT DIRECTLY TO THE SOUTH.

1482 THAT IS ALREADY ZONED NEIGHBORHOOD RETAIL.

1483 AND THE IMAGE ON THE UPPER RIGHT AGAIN IS TAKEN FROM ROSS AVENUE LOOKING 1484 DIRECTLY EAST.

1485 IN THE DIRECTION OF BUFFALO GAP ROAD AND THAT SHOWS THE ENTIRE -- ALMOST THE ENTIRE 1486 VACANT ANCHORAGE THAT FORMS THE SUBJECT PROPERTY.

1487 CITY STAFF RECOMMENDS APPROVING BOTH THE REQUESTED ZONE CHANGE TO 1488 GENERAL RETAIL ZONING AND THE CONDITIONAL USE PERMIT ALLOWING MULTI-FAMILY 1489 RESIDENCES ON THE SAME PROPERTY.

1490 WE'RE NOT PROPOSED ANY EXTRAORDINARY CONDITIONS FOR THAT CONDITIONAL USE 1491 PERMIT.

1492 THE ORDINARY REGULATIONS PERTINENT TO MULTI-FAMILY RESIDENTIAL ZONING SHOULD 1493 WORK FINE HERE.

1494 IN OUR OPINION, EITHER RETAIL OR MULTI-FAMILY RESIDENCES DO REPRESENT A 1495 REASONABLY COMPATIBLE FIT FOR THIS NOW VACANT LANT WEDGED BETWEEN EXISTING 1496 RETAIL USE TO THE SOUTH AND EXISTING MULTI-FAMILY RESIDENCES TO THE NORTH.

1497 THERE IS SOME EXPOSURE TO NEARBY SINGLE FAMILY RESIDENCES.

1498 MOSTLY ACROSS ROSS AVENUE.

1499 THAT EXPOSURE IS LIMITED IN SCOPE AND SHOULD BE MITIGATED BY THE ORDINARY 1500 LIMITATIONS OF GENERAL RETAIL AND MULTI-FAMILY RESIDENTIAL ZONING.

1501 THANK YOU.

1502 AGAIN, THE STAFF RECOMMENDS APPROVAL OF BOTH REQUESTS ON THE ENTIRE SUBJECT 1503 PROPERTY.

1504 >> MR. FAMBLE: ANY QUESTIONS FOR BRAD?

1505 >> WHY ARE WE ZONING THIS MULTI-FAMILY?

1506 >> WHY ARE WE NOT?

1507 >> YES.

1508 >> THEY'RE IN A COMPETITIVE COMPETITION WITH OTHER POTENTIAL APARTMENT 1509 PROJECTS.

1510 SOME OF WHICH ARE HERE IN ABILENE AS WELL AS OTHERS ALL OVER THE STATE OF 1511 TEXAS.

1512 IF THIS WERE REZONED, MF, SAY BY THE TIME THE CITY COUNCIL MEETS IN APRIL, 1513 WELL, THE -- THE TAX CREDITS ARE NOT AWARDED UNTIL SUMMER TIME.

1514 IF THEY'RE NOT AWARDED, TO THIS PARTICULAR PROJECT, THEN THE PROPERTY WOULD BE 1515 ZONED TO MULTI-FAMILY RESIDENTIAL AND THEY'D LOSE ANY POTENTIAL COMMERCIAL 1516 DEVELOPMENT FOR THE SAME PROPERTY AND THE PROPERTY IS ALREADY ZONED SOME FORM 1517 OF COMMERCIAL.

1518 EITHER TWO THIRDS OF IT ARE IN A GENERAL COMMERCIAL DISTRICT AND ONE THIRD OF 1519 IT IN A NEIGHBORHOOD RETAIL DISTRICT.

1520 >> SO IF IT'S NOT ZONED FOR MULTI-FAMILY, THEY CAN'T GO AFTER THIS PROPOSAL OR 1521 FUNDING.

1522 >> IT CERTAINLY HELPS THEIR CASE TO HAVE THE PROPERTY PROPERLY ZONED.

1523 AGAIN, THE TAX CREDITS ARE AWARDED ON A COMPETITIVE BASES.

1524 THE PROPONENTS ARE HERE AND MAYBE BETTER ABLE TO ANSWER THE QUESTIONS.

1525 I WOULD THINK IT WOULD BE A FEATHER IN THEIR CAP TO HAVE THE PROPERTY PROPERLY 1526 ZONED FOR THE APARTMENT PROJECT THEY'RE SEEKING.

1527 >> I'LL MAKE THE STATEMENT BECAUSE THIS IS REALLY UNDER MY DANDER HERE.

1528 THAT THAT WASN'T WAS THE CONDITIONAL USE IN GR WAS MEANT TO DO.

1529 BECAUSE REMEMBER WE WENT THROUGH AND CHANGED GR BECAUSE WE HAD A LOOP HOLE 1530 IN WHAT WE WERE DOING AND PUT THIS MULTI-FAMILY THIN IN THIS GR BECAUSE WE 1531 PULLED OUT THE MULTI-FAMILY OUT FROM UNDER GR AND THEN THE NEGOTIATIONS OF THAT WE 1532 HAD TO PUT SOME CONDITIONAL USE IN THERE FOR PEOPLE THAT HAD ALREADY HAD IT GR 1533 AND INTENDED TO USE MULTI-FAMILY ON IT AND WE GAVE THEM A TIME PERIOD AND 1534 ALL THAT.

1535 I DIDN'T INTEND OR IN MY MIND WE WERE NOT INTENDING TO ALLOW CONDITIONAL USES 1536 IN GR THE WAY YOU'RE USING THEM HERE.

1537 TO ME, BECAUSE IT WILL BE MULTI-FAMILY BUT WE ZONED IT GENERAL RETAIL BUT WE DON'T 1538 DO THIS COMBINATION THING.

1539 >> THAT OPTION IS AVAILABLE TO THE PLANNING AND ZONING COMMISSION.

1540 YOU CAN MAKE THAT RECOMMENDATION.

1541 >> I WANTED THAT TO BE HEARD BECAUSE THAT'S NOT MY UNDERSTANDING THE WAY THIS

[01:40:04]

1542 WOULD BE USED AND THIS IS REALLY -- THIS BOTHERS ME.

1543 >> MR. FAMBLE: YOU WERE GOING TO SAY SOMETHING?

1544 >> IT WAS RELATED TO SOMETHING THAT GOT ANSWERED RIGHT AFTER.

1545 >> MR. FAMBLE: DIDN'T WANT YOU TO THINK WE WERE IGNORING YOU.

1546 ANY OTHER QUESTIONS FOR BRAD?

1547 >> I'M NOT GOING TO AGREE AT THE END OF THE DEAL HERE WHEN WE VOTE BUT I'LL SAY 1548 THIS IS REALLY -- GOT ME BOTHERED.

1549 OKAY?

1550 >> MR. FAMBLE: THANK YOU, SIR.

1551 LET ME OPEN THE PUBLIC HEARING.

1552 ANYONE CARE TO SPEAK TO THIS ITEM, PLEASE COME FORWARD.

1553 >> SORRY, MR. CHAIRMAN.

1554 SORRY, MR. JOHNSON.

1555 I HAD TO GET THAT OUT.

1556 >> MR. FAMBLE: 1557 GOOD TO SEE YOU.

1558 >> NOW I'M OKAY.

1559 OKAY?

1560 >> MR. FAMBLE: HI, PAUL.

1561 >> I'M PAUL JOHNSON.

1562 I'M AT THE 4633 SOUTH 14TH STREET.

1563 AND REPRESENTING THE OWNERS OF THE PROPERTY AND I GUESS IN REGARD TO YOU, MARK.

1564 WE'RE STRONGLY GOING BY WHAT THE STAFF HAD RECOMMENDED TO US.

1565 THE REASON THAT -- NOT TO JUST GO TO MULTI-FAMILY IS IF THEY'RE NOT AWARDED THIS 1566 AWARD, NOW YOU HAVE MULTI-FAMILY AND THE CHANCES OF SOMEONE ELSE 1567 DOING A MULTI-FAMILY HERE ARE PRETTY SLIM.

1568 THE CHANCES OF SOME RETAIL USE WOULD BE PRETTY GOOD.

1569 IF THERE IS AN ALTERNATE WAY OF FALLING BACK TO RETAIL, I'M SURE THE OWNERS WOULD 1570 BE PLEASED GAUZE I CAN TELL YOU IN MY OPINION THE CHANCES OF THE PROPERTY 1571 BEING USED FOR RETAIL IF THE MULTI-FAMILY DOESN'T GE SELECTED OR -- FOR TAX 1572 EXEMPT PURPOSES ARE MUCH BETTER THAN RETAIL.

1573 >> PAUL, WHERE I WAS COMING FROM IS GC IS LESS RESTRICTIVE THAN GR.

1574 RIGHT NOW IT'S ZONED PROPERLY.

1575 FOR -- FOR RETAIL USES.

1576 THE NEIGHBORHOOD RETAIL IS, YOU KNOW, THE HOURS ARE LIMITED.

1577 BUT IT'S, YOU KNOW, OKAY.

1578 BUT I UNDERSTAND WHERE YOU'RE COMING FROM ON TRYING TO GET THE GRANT OR 1579 FUNDING OR WHATEVER.

1580 I UNDERSTAND THAT.

1581 >> AND THERE IS JUST A PORTION OF IT THAT WAS GC.

1582 THERE IS SOME THAT WAS -- >> NEIGHBORHOOD RETAIL.

1583 >> YEAH.

1584 NEIGHBORHOOD RETAIL AND SO WHATEVER WOULD FIT THAT IT COULD FALL BACK TO IS WHAT 1585 I WOULD RECOMMEND TO THE OWNERS BECAUSE THE CHANCES OF DOING A MULTI-FAMILY 1586 STRUCTURE THERE ARE GETTING -- OR GETTING SOMEBODY TO DO IT ARE LESS 1587 THAN RETAIL USE.

1588 BUT IN ANY EVENT, THIS DEVELOPER HAS DEVELOPED ABOUT 4,000 UNITS.

1589 THEY'VE BEEN IN BUSINESS SINCE 2002.

1590 WE HAVE GOT SOME BROCHURES IF YOU'D LIKE TO SEE THEM.

1591 THEY DO REALLY QUALITY PROJECTS AROUND THE STATE OF TEXAS.

1592 AND THERE HAS BEEN ABOUT FOUR TIMES AS MANY FAMILY TAX-EXEMPT SITUATIONS 1593 AWARDED IN ABILENE AS THERE HAVE BEEN FOR SENIORS.

1594 THERE IS A REAL DEMAND FOR SENIORS.

1595 THE LAST ONE DONE BY THE AIR FORCE BASE THAT YOU MAY BE FAMILIAR WITH FILLED UP IN 1596 TWO MONTHS AND THEY HAVE A WAITING LIST.

1597 SO THESE NICE PROJECTS FOR SENIORS IS CERTAINLY IN DEMAND.

1598 SECONDLY, BECAUSE OF THE LOCATION OF THIS, THE PROPERTY IS PRETTY WELL 1599 HIDDEN.

1600 IN THAT AREA, THE STATE AND CITY AND STATE IDENTIFIED FOR USE, THERE WAS 1601 LITERALLY NO OTHER PLACES THAT THIS COULD HAPPEN THAT I OR THE DEVELOPERS COULD 1602 FIND EXCEPT THIS.

1603 AND THE ADVANTAGE IS ALL THE RETAIL SERVICES ARE CLOSE BY.

1604 THERE IS BUS SERVICE.

1605 IT'S WELL LOCATED FOR ANYBODY THAT IS A SENIOR THAT NEEDS NEEDS ALMOST 1606 ANYTHING AND COMPETITIVELY THE OTHER AREA IS PRETTY MUCH IF YOU'VE BEEN 1607 IDENTIFIED -- OR EXPOSED TO THAT IS NOT NEAR MANY RETAIL SERVICES.

1608 IT'S TO THE EAST AND OUT IN THAT 322 AREA AND THERE IS JUST NOT NEAR AS MUCH AND 1609 THIS WAS BY FAR THE PREFERENCE OF LOCATIONS AN THE BENEFIT FOR THE CITY 1610 DOES A GREAT INFILL.

1611 BRINGS SOME TAX MONEY TO THE CITY.

[01:45:03]

1612 AND IS FULFILLS CERTAINLY A NEED FOR SENIOR PROJECTS AND THE SENIOR PROJECTS 1613 THAT HAVE BEEN DONE LIKE I SAID FILLED RAPIDLY.

1614 THIS DEVELOPER HAS GOT A REALLY PRETTY PLAN TO -- TO ACCOMPLISH THERE.

1615 SO THAT -- SO THAT'S WHY -- BUT LIKE I SAID IN REGARD TO THE ZONING, I GO 1616 TO YOUR EXPERTISE ENWHERE WE COULD HAVE THAT FALL BACK SO THE OWNERS WOULDN'T 1617 AS BRAD PUT IT BE STUCK WITH A MULTI-FAMANY ZONING NOW THAT IS 1618 PROBABLY -- FAMILY ZONING THAT IS PROBABLY NOT GOING TO HAPPEN.

1619 >> MR. FAMBLE: IF THIS PROPOSED USE DIDN'T HAPPEN, THAT'S WHAT I'M HEARING.

1620 >> YES, SIR.

1621 >> MR. FAMBLE: THANK YOU.

1622 >> ARE YOU ALSO SAYING THAT IF THE ZONING IS NOT CHANGED TO ACCOMMODATE THE 1623 MULTI-FAMILY, THE CHANCES OF THEM GETTING THIS DEVELOPMENT MONEY IS LESS?

1624 >> OH, YES.

1625 BECAUSE SOMEBODY IN A COMPETITIVE PROPERTY COULD SAY, LOOK, WE'RE ZONED 1626 ALREADY.

1627 WE COULD PUT A SENIOR PROPERTY HERE.

1628 AND SO FORTH.

1629 SO THOSE ARE ALL AWARDED POINTS SO TO SPEAK.

1630 IS IT ALREADY ZONEDED.

1631 IS IT CLOSE TO SERVICES.

1632 PUBLIC TRANSPORTATION, ET CETERA, ET CETERA.

1633 WE'D LOSE THE POINTS BECAUSE, NO, IT'S NOT ZONED.

1634 >> IT'S PART OF THEIR CHECK LIST.

1635 >> YES.

1636 >> FOR APPROVAL.

1637 >> EACH ITEM IS ATTACHED POINTS AND THEN THE STATE LOOKS AT THAT AND CITY 1638 LOOKS AT IT AND -- WITH THE APPROVALS OF BOTH, THEN THA CAN -- THAT'S WHAT MAKES IT 1639 ATTRACTIVE.

1640 AND AS I SAID, IN THIS AREA, WHICH IS THE AREA TO THE WEST AND I THINK IT'S 1641 BORDERED BY PRETTY MUCH BUFFALO GAP ROAD, WEST OF THERE, THERE IS REALLY NO 1642 OTHER PLACES THAT COULD BE DEVELOPED TO MEET THE REQUIREMENTS.

1643 EXCEPT THIS PROPERTY.

1644 AND I LOOK WITH A FINE TOOTH COMB AND FOUND THE ONE PROPERTY THAT HAS ENOUGH 1645 SPACE TO PROVIDE A SENIOR DEVELOPMENT.

1646 >> MR. FAMBLE: ANY OTHER QUESTIONS? 1647 THANK YOU, SIR.

1648 ANYONE ELSE CARE TO SPEAK TO THIS ITEM, PLEASE COME FORWARD.

1649 >> MR. ROSENBAUM, JUST TO ADDRESS THE CONCERN.

1650 THIS WAS THE CLEANEST WAY IN STAFF'S OPINION TO SHOW YOUR HAND THAT HEY, WE'RE 1651 NOT TRYING TO SLIDE BY MULTI-FAMILY DEVELOPMENT.

1652 THE ONLY OTHER OPTION WITH CONVERTING RETAIL USES WOULD BE A PD.

1653 WE TEND TO SHY AWAY WITH THOSE IF THERE IS ANOTHER OPTION AVAILABLE.

1654 >> AND WE'LL WAIT UNTIL THE PUBLIC HEARING IS CLOSED -- RON MAY WANT TO 1655 HEAR.

1656 >> MR. FAMBLE: LET'S HEAR SOME MORE.

1657 WE'LL COME BACK.

1658 SIR? 1659 YOU WANT TO COME UP?

1660 >> MR. CHAIRMAN, GENTLEMEN.

1661 I'M RON INGRAM.

1662 135 RONDO ROAD IN SOUTH TAYLOR COUNTY.

1663 I'VE OWNED THIS PROPERTY 25 YEARS.

1664 I OWN THE THREE WESTERN MOST PARTIALS OF -- PARCELS OF LAND.

1665 IT'S BEEN HARD -- IMPOSSIBLE MARKETING THAT LAND.

1666 THERE IS A LOT OF CHALLENGES BEING ACROSS THE STREET FROM THE APARTMENT COMPLEX 1667 THERE.

1668 SO LET'S BRING IT HOME.

1669 LET'S GET IT DONE, GUYS.

1670 >> MR. FAMBLE: THANK YOU, SIR.

1671 ANY QUESTIONS? 1672 THANK YOU.

1673 ANY OTHER COMMENTS? 1674 ANYBODY ELSE? 1675 I'LL CLOSE THE PUBLIC HEARING.

1676 CLINT?

1677 >> I THINK YOU GUYS UNDERSTAND WHERE I'M COMING FROM.

1678 WE GOT CAUGHT UP IN THIS DEAL WHERE THEY WANTED TO REZONE RETAIL WITH THE FULL 1679 INTENT OF PUTTING MULTI-FAMILY ON IT.

1680 THE GENERAL RETAIL WITH THE RIGHT ZONING BUT MULTI-FAMILY WAS NOT.

1681 BECAUSE YOU COULD GET MULTI-FAMILY INSIDE GENERAL RETAIL.

1682 WE CHANGEDED THE LAND DEVELOPMENT CODE MAYBE THREE YEARS AGO NOW.

1683 WHEN WE DID THAT, THE CONDITIONAL USE WAS TO KIND OF SOFT SELL THAT.

1684 SOME OF THOSE -- WE GAVE THE PROPERTY OWNERS FIVE YEARS OR SOMETHING TO DO THAT.

1685 AND THIS CONDITIONAL USE ON GENERAL RETAIL FOR THE MULTI-FAMILY WAS PUT IN 1686 THERE TO KIND OF ALLEVIATE SOME OF THAT AND GIVE US, YOU KNOW, AND NOW TO 1687 ME -- I DON'T WANT TO OPEN THE DOOR HERE.

1688 I AGREE THIS IS THE EXACT WAY TO DO IT BECAUSE OF THE SITUATION.

1689 I'M NOT ARGUING THAT.

1690 BUT I DON'T WANT TO OPEN THE DOOR FOR EVERY TIME WE -- SOMEBODY DOING THIS 1691 ALL THE TIME.

1692 IT GOES ON THE PIECE OF PROPERTY GENERAL RETAIL AND NEXT YEAR THEY WANT A

[01:50:05]

1693 CONDITIONAL USE TO GO TO MULTI-FAMILY.

1694 WE CAN ALSO DENY IT.

1695 BUT, YOU KNOW, THE DEAL WAS IF IT'S SUPPOSED TO BE MULTI-FAMILY THEN ZONE IT 1696 MULTI-FAMILY.

1697 >> MR. FAMBLE: ZACK -- OR SOMEBODY.

1698 PROJECT THIS FORWARD.

1699 I HEAR CLINT AND I'M KIND OF ON TEAM CLINT.

1700 ROLLING FORWARD, I THINK I'M HEARING WE DON'T WANT TO SET A PRECEDENT OR, YOU 1701 KNOW, WHAT WE TRIED TO CLEAN UP IN THE FIRST PLACE BECAUSE THAT MAKES US LOOK 1702 LIKE WE SHOULD HAVE NEVER TOUCHED IT AND LEFT IT -- HELP ME HERE.

1703 >> THERE IS A LOOPHOLE AND A LOT OF THE CONCERNS ADDRESSED WERE WHAT YOU 1704 DESCRIBED.

1705 TRYING TO SLIDE IN AND FIND THE LOOP HOLE.

1706 FROM STAFF'S PERSPECTIVE, THIS WAS THE CLEANEST WAY SO THAT WE'RE NOT TRYING TO 1707 HIDE ANYTHING.

1708 THE INTENT IS, YOU KNOW, AS OF NOW TO GET THE MULTIA-FAMILY CREDIT.

1709 THAT'S WHY WE APPROACHED IT THIS WAY.

1710 SO THAT EVERYONE WAS AWARE OF WHAT THE INTENT WAS AND THERE WASN'T ANYTHING 1711 SLIDING THROUGH.

1712 I AGREE WITH WHAT YOU SAID ABOUT THE LOOP HOLES.

1713 THIS WOULD BE THE ONLY WAY TO ACCOMPLISH THAT.

1714 THIS IS THE ONLY REQUEST WE HAD LIKE THAT SINCE THEN.

1715 >> IT'S A CREATIVE WAY OF MAKING WHAT WE WANT TO DO -- IF THIS WAS ALREADY 1716 ZONED GENERAL RETAIL, THIS IS A PERFECT PLACE FOR THIS USE.

1717 THIS IS A GOOD SPOT FOR THIS.

1718 NEXT TO THE APARTMENT COMPLEX TO THE NORTH.

1719 BACK BEHIND THE GC STUFF THERE ON BUFFALO GAP.

1720 GOOD ACCESS TO EVERYTHING.

1721 IT'S THE RIGHT THING TO DO.

1722 BUT IT'S GOING -- IT'S -- IT'S USING OUR SYSTEM OR ABUSING THE 1723 SYSTEM IF YOU WANT TO CALL IT THAT.

1724 >> I DON'T HAVE MUCH OF A PROBLEM WITH IT BECAUSE OF WHERE IT'S LOCATED AND IT'S 1725 APPROPRIATE FOR IT TO BE MULTI-FAMILY OR COMMERCIAL.

1726 >> I THINK YOU HIT THE NAIL ON THE HEAD THERE.

1727 WE WOULDN'T SUGGEST IF WE DIDN'T THINK BOTH USES WERE APPROPRIATE.

1728 I SEE THE CONCERN.

1729 THERE ARE SOME THAT ARE ALREADY NEIGHBORHOOD OR GENERAL RETAIL.

1730 BUT THIS WAS THE CLEANEST WAY TO LET EVERYONE KNOW WHAT THE PLANS WERE.

1731 >> MR. FAMBLE: I'M WITH YOU, TIM.

1732 AGAIN, I'M RIGHT THERE.

1733 BUT NOBODY HAS HELPED ME UNDERSTAND, OKAY.

1734 LET'S ROLL THIS FORWARD 24 MONTHS AND ANOTHER PIECE OF PROPERTY COMES WITH THE 1735 SAME ZONING REQUIREMENT ATTACHMENT.

1736 WHAT ARE WE GOING TO SAY?

1737 >> THE CONDITION -- THE WAY I SEE THE CONDITIONAL USE, IN MY MIND, THE CONDITIONAL 1738 USE UNDER THE GENERAL RETAIL WAS TO GO BACK IN TIME AND NOT GO FORWARD IN 1739 TIME.

1740 >> MR. FAMBLE: I UNDERSTAND THAT.

1741 >> IF YOU SAY YOU GO BACK IN TIME AND THERE IS A PIECE OF PROPERTY AND ALREADY 1742 ZONED GENERAL RETAIL AND COME IN WITH A CONDITIONAL USE TO PUT MULTI-FAMILY ON 1743 IT, THEN WE CAN TAKE THAT INTO ACCOUNT WHICH THIS IS A GOOD SPOT FOR THAT.

1744 >> MR. FAMBLE: I GET THAT.

1745 >> BUT SOMEBODY COMES IN AND USES THIS -- STILL HAVE THE OPTION OF NOT APPROVING THE 1746 CONDITIONAL USE.

1747 THE GENERAL RETAIL SPOT DOESN'T MAKE SENSE FOR MULTI-FAMILY.

1748 >> AN EXAMPLE HAYDEN REMINDED ME OF WAS DAVID TOD'S REZONING.

1749 THE WAY IT WAS PASSED WITH CP, THE BASE ZONING.

1750 CITY COUNCIL DID CHANGE THAT AS A -- WORKING WITH DAVID TODD AND THE APPLICANT TO 1751 COME UP WITH STRAIGHT ZONING CLASSIFICATIONS.

1752 IN THIS CASE THIS IS DIFFERENT.

1753 IT'S NOT AN AO PIECE OF PROPERTY.

1754 IT'S DIFFERENT IN THAT ASPECT.

1755 SO THIS IS THE SECOND TIME WE HAVE SEEN IT.

1756 CITY COUNCIL ADDRESSED IT.

1757 THE FIRST TIME WITH A -- COORDINATION BETWEEN -- A COMPROMISE 1758 WITH THE APPLICANT AND CITY COUNCIL BUT WITH THE LOOP HOLE THAT EXISTED 1759 PREVIOUSLY, WE KIND OF KNEW WHAT WAS COMING THROUGH BUT COULDN'T SAY IT.

1760 SO THIS WAS OUR WAY OF SHOWING THE INTENT BUT GETTING APPROPRIATE ZONING.

1761 >> I APPRECIATION THE CREATIVITY THAT YOU HAVE SHOWN IN TRYING TO COME UP 1762 WITH SOMETHING FOR THIS.

1763 BUT GOING BACK TO WHAT YOU WERE TALKING ABOUT, CLINT, WHY WOULD WE NOT GO WITH 1764 MULTI-FAMILY NOW AND IF THIS PROJECT DOESN'T HAPPEN, THEY CAN ALWAYS COME 1765 BACK AND REQUEST ANOTHER CHANGE?

1766 >> GO BACK TO GENERAL RETAIL.

1767 >> GO BACK TO IT.

1768 WHY ARE WE FORCING IT IN IN THIS REGARD RIGHT NOW WHEN IT CAN SIMPLY BE MADE 1769 MULTI-FAMILY AND CHANGE IT BACK LATER IF THEY WANT?

1770 >> MR. FAMBLE: DOES THAT COST THE APPLICANT MONEY.

1771 >> IT DOES.

1772 $1500 APPLICATION FEE.

1773 >> AND AGAIN, BACK TO THE APPROPRIATENESS OF ZONING, BOTH ARE APPROPRIATE.

1774 SO WHY CAN'T WE BE FLEXIBLE?

1775 >> WE CAN.

1776 .

1777 >> MR. FAMBLE: MY CONCERN IS, OKAY, NOW -- DOES THIS SET A PRECEDENT FOR FUTURE, 1778 NOT PAST, FOR GOING FORWARD IN THE FUTURE, IS THIS LOOP HOLE GOING TO BE EXPLOITED

[01:55:03]

1779 FOR LACK OF A BETTER WORD?

1780 >> I'LL SAY THIS WHOLE DISCUSSION HERE ON VIDEO IS THE REASON THAT IT'S NOT.

1781 IT'S NOT SETTING A PRECEDENT BECAUSE WE'RE SAYING IT'S NOT.

1782 >> IT WAS NOT STAFF'S EXPECTATION TO EXPLOIT IT.

1783 I DON'T THINK YOU'LL COME ACROSS MANY PROPERTIES WHERE BOTH WILL WORK WELL.

1784 IT WAS LIGHT INDUSTRIAL IN THE OTHER CHANGES MADE.

1785 THEY WERE DENIED FOR MULTI-FAMILY AND CAME IN WITH A LOWER ZONING 1786 CLASSIFICATION WITH FULL INTENTIONS.

1787 THAT'S WHY THE CHANGE HAPPENED.

1788 IN THESE CASES, YOU WILL NOT FIND THIS UNIQUE OF CIRCUMSTANCES THAT OFTEN.

1789 >> MR. FAMBLE: OKAY.

1790 THANK YOU, SIR.

1791 ANY OTHER QUESTIONS? 1792 I THINK I DID CLOSE THE PUBLIC HEARING, DIDN'T I?

1793 >> YEAH, YOU DID.

1794 >> MR. FAMBLE: I SAID EVERYTHING I WANTED TO SAY.

1795 I'LL SAY ONE LAST THING.

1796 I APPRECIATE STAFF'S CREATIVITY AND I THINK THIS IS AN APPROPRIATE USE FOR 1797 THIS PIECE OF PROPERTY.

1798 >> I AGREE AND, YOU KNOW, WHEN I SAID BEFORE OPEN THE PUBLIC HEARING THAT I 1799 WASN'T GOING TO NOT -- SO.

1800 >> MR. FAMBLE: I GET IT.

1801 >> I HAVE TO -- ZACK AND MIKE AND HAYDEN AND BRAD.

1802 THIS IS A GOOD WAY OF DOING IT.

1803 JUST -- IT WASN'T WHAT I ENVISIONED.

1804 SO I'LL MOVE TO APPROVE.

1805 >> MR. FAMBLE: MOTION TO APPROVE.

1806 DO I HAVE A SECOND?

1807 >> SECOND.

1808 >> MR. FAMBLE: MOTION TO APPROVE AND A SECOND.

1809 >> MR. SMITH: YES.

1810 >> MR. ROSENBAUM: YES.

1811 >> MR. CALK: NEED TO RECUSE MYSELF.

1812 >> MR. NEWNEN:.

1813 >> MR. FAMBLE: YES.

1814 >> THE MOTION TO APPROVE CARRIES.

1815 >> YOU SHOULD HAVE MADE THAT NOTE BEFORE WE STARTED VOTING.

1816 >> MR. FAMBLE: HE DIDN'T SAY ANYTHING.

1817 >> WHEN THE REVEREND LEFT, ME MIGHT -- WE MIGHT HAVE BEEN IN A PROBLEM.

[Items 6 & 7]

1818 >> MR. FAMBLE: DIRECTOR'S REPORT PLEASE.

1819 >> THANKS, CHAIRMAN.

1820 WE HAVE A HALF DOZEN OR SO CASES THAT WERE HEARD IN SECOND AND FINAL READINGS 1821 OF CITY COUNCIL.

1822 AT THE FEBRUARY 14, 2019, MEETING.

1823 FIRST CASE WAS Z-2018-35 AS YOU MAY RECALL A REQUEST TO REMOVE THE HISTORIC OVERLAY 1824 ZONE.

1825 THAT'S DESIGNATED FOR PROPERTY OF 3434 SOUTH NINTH STREET.

1826 THAT WAS APROVED BY CITY COUNCIL 60.

1827 THE SECOND CASE WAS 2019-01 WHICH WAS A REQUEST TO REZONE PROPERTY FROM 1828 AGRICULTURAL OPEN SPACE/QUARTER OVERLAY TO GENERAL RETAIL QUARTER 1829 OVERLAY AT 7610 BUFFALO GAP ROAD APPROVED BY COUNCIL BY A VOTE OF 6-0.

1830 REZONING CASE 2019-02 WAS TO REZONE PROPERTY FROM AGAIN AGRICULTURAL OPEN SPACE 1831 QUARTER OVERLAY TO NEIGHBORHOOD OFFICE QUARTER OVERLAY IN THIS CASE AT 1832 7242 BUFFALO GAP ROAD.

1833 THAT WAS ALSO APPROVED BY COUNCIL.

1834 TC2019-01 YOU'LL RECALL WAS A REQUEST BY HENDRIC MEDICAL CENTER TO VACATE 1835 PUBLIC RIGHT-OF-WAY AND SEVERAL ALLEYS TO ACCOMMODATE AND FACILITATE 1836 REPLANNING APPROVED BY COUNCIL 6-0.

1837 ZONING CASE 2019-03 WAS THE REZONING CASE SUBMITTED BY HENDRICK MEDICAL CENTER TO 1838 REZONE THE PROPERTIES ASSOCIATED WITH THE THOROUGHFARE ABANDONMENT 1839 REQUEST RECENTLY FROM MEDIAN DENSITY TO MULLI-FAMILY RESIDENTIAL 1840 BETWEEN HICKORY STREET AND PINE STREET APPROVED 6-0.

1841 AND FINALLY, CASE TC201805 REQUEST BY SIMMONS UNIVERSITY TO ABANDON 1842 PUBLIC RIGHT-OF-WAY FOR VOGEL AVENUE FROM PINE STREET THROUGH AND 1843 INCLUDING VOGEL INTERSECTION WITH HICKORY STREET APPROVED BY A VOTE 1844 OF 6-0.

1845 THAT'S ALL I HAVE.

1846 >> MR. FAMBLE: THANK YOU VERY MUCH. 1847 01:59:17,717 WE ARE ADJOURNED.



* This transcript was compiled from uncorrected Closed Captioning.