[CALL TO ORDER]
[00:00:10]
>> I'LL CALL THIS NOVEMBER MEETING TO ORDER.
BRAD, WILL YOU OPEN WITH A PRAYER?
>> COMMISSIONER GOD WE THANK YOU FOR THE OPPORTUNITY TO BE HERE TODAY. WE THANK YOU FOR THE CHANCE TO SERVE OUR COMMUNITY AND OUR NEIGHBORS.
WE ASK THAT YOU'LL BE WITH THOSE PRESENTING AND GIVE THEM WISDOM AND THOSE THAT COMMENT AND GIVE THEM WISDOM AND INSIGHT GOD.
TODAY ON OUR ELECTION DAY WE ASK FOR YOU TO BE OVER OUR LEADERS AND FOR YOU TO GIVE THEM THE DIRECTION THAT THEY NEED AND WE ASK THAT YOU'LL BE WITH THIS COMMUNITY AS WE LOOK TO SEVERAL IMPORTANT ISSUES THAT WILL AFFECT OUR COMMUNITY FOR YEARS TO COME. DEAR GOD WE LOVE YOU AND WE KNOW EVERY GOOD AND PERFECT GIFT COMES FROM YOU.
WE THANK YOU FOR THAT. IN YOUR NAME WE PRAY.
AMEN. >> MATTERS OF SOEPG THE DISCUSSION TO THIS COMMISSION MAYBE APPEALED TO THE SECRETARY NO LATER THAN TEN DAYS FROM DATE OF MEETING.
PUBLIC IS INVADES TO SPEAK ON ANY ITEM UNDER DISCUSSION AFTER RECEIVING RECOGNITION. STATE YOUR NAME AND PURPOSE.
EACH SPEAKER IS REQUESTED TO LIMIT THEIR PRESENTATION TO NO
[MINUTES]
MORE THAN 3 MINUTES, ADDITIONAL TIME GRAND AT DISCRETION OF THE CHAIR. FIRST ITEM IS MINUTES.ANY QUESTIONS OR COMMENTS ON THE MINUTES.
MOTION TO APPROVE. HEARING NO COMMENTS I WILL OPEN THE PUBLIC HEARING. DOES ANYBODY OUT THERE HAVE ANY COMMENTS ON OUR MINUTES FROM THE PREVIOUS MEETING? SEEING NO ONE I'LL CLOSE THE PUBLIC HEARING KEVIN MADE A MOTION. BRAD SECOND OF THE ALL IN FAVOR.
[PLATS]
AYE. THAT BRINGS US TO PLAT.MY NAME IS ADAM HAHN I'LL A PLANNER CITY OF ABILENE OF THE I HAVE AND AMENDING MAFOR 7123 FP SUMMIT VIEW ESTATES REVIEWED FOUND CONSISTENT WITH THE LAND DEVELOPMENT CODE, STAFF RECOMMENDS APPROVAL WITH CONDITIONS, ALL PUBLIC IMPROVEMENTS BE COMPLETED IN ACCORDANCE WITH ALL APPROVED PLANS FOR ACCEPTANCE OR FINANCIAL GUARANTEE MUST BE SUBMITTED TO THE PUBLIC WORKS DEPARTMENT PRIOR TO RECORDING.
UP NEXT I HAVE 72-23-FP SANFORD EDITION THIS ONE ALSO REVIEWED CONSISTENT WITH CHAPTER 3 ARTICLE II CODE, STAFF RECOMMENDS APPROVAL WITH CONDITIONS AS WELL.
CONDITIONS CITY STAFF MUST BE FURNISHED WITH TITLE OPINION OR COMMITMENT LATER BY TITLE INSURANCE COMPANY CONFIRMING OWNERSHIP OF THE PROPERTIES AS WELL AS PUBLIC IMPROVEMENTS AND PLUS-MUST BE COMPLETED IN ACCORDANCE WITH APPROVED PLANS.
PUBLIC WORKS DEPARTMENT MUST BE FURNISHED WITH FINANCIAL GUARANTEE TO SECURE THE ONLY GAIGSZ OF PUBLIC IMPROVEMENTS PRIOR TO RECORDING. UP NEXT 73-23 FP HIGHLAND FARMS SECTION 4 THIS HAS BEEN REVIEWED AND FOUND CONSISTENT WITH CHAPTER 3 ARTICLE II LAND DEVELOPMENT CODE STAFF RECOMMENDS APPROVAL WITH CONDITIONS ALL PUBLIC IMPROVEMENTS MUST BE COMPLETED OR FINANCIAL GUARANTEE GIVEN TO THE PUBLIC WORKS DEPARTMENT. NEXT IS 78-23-PP WATER SITE AT CEDAR CREEK SECTION 3 AMENDING PRELIMINARY PLAT FOR WATER SITE AT CEDAR CREEK. THIS HAS BEEN FOND CONSISTENT WITH CHAPTER 3 ARTICLE II OF THE THE LAND DEVELOPMENT CODE STAFF RECOMMENDS APPROVAL. NEXT IS WILL 1-23, FR CALIBER ABILENE LOT ONE BLOCK A FOUND CONSISTENT WITH CHAPTER 3 ARTICLE II DEVELOPMENT CODE STAFF RECOMMENDS APPROVAL WITH CONDITIONS PUBLIC IMPROVEMENTS MUST BE COMPLETED OR FINANCIAL GUARANTEE SUBMITTED TO PUBLIC WORKS DEPARTMENT.
FINALLY I HAVE 1522-FP HAMPTON HILLS SECTION 9 REVIEWED FOUND CONSISTENT WITH CHAP PER 3 ARTICLE II OF THE LAND DEVELOPMENT CODE STAFF RECOMMENDS APPROVAL WITH CONDITIONS CITY STAFF MUST BE FURNISHED WITH TITLE OPINION AND PUBLIC IMPROVEMENTS COMPLETED INSPECTED ACCORDING TO APPROVED PLANS OR FINANCIAL GUARANTEE SECURED TO PUBLIC WORKS DEPARTMENT. I'D BE HAPPY TO ANSWER ANY
QUESTIONS YOU HAVE FOR ME. >> ANY QUESTIONS FOR ADAM? THANK YOU ADAM. PLANS TO CALL FOR PUBLIC HEARING. ANYONE LIKE TO COME UP AND
[00:05:03]
ADDRESS THESE PLATS. ARE YOU GOING TO ADDRESS THEI'M EDDIE PUGH. I WANT TO GET A BETTER UNDERSTANDING OF WHAT A PLAT IS IF YOU GUYS COULD EXPLAIN THAT
TO ME. >> IT'S A LEGAL DESCRIPTION OF A
AND THAT BEING SAID WHAT'S AN EASEMENT PERTAINING TO THESE
PLATS. >> DO YOU HAVE A PARTICULAR PLAT
YOU WOULD LIKE TO DISCUSS. >> ANY OF THESE.
>> DO YOU HAVE A PARTICULAR PLAT YOU WOULD LIKE TO DISCUSS?
>> SURE. HOW ABOUT WE WILL GO WITH PLAT
GO AHEAD AND START THE CLOCK. OKAY.
>> I CAN'T SEE FROM THIS FAR BUT ANY UTILITY EASEMENT OR ANYTHING ON THAT PROPERTY CAN YOU GUYS EXPLAIN TO ME WHAT EXACTLY THOSE
EASEMENTS ARE FOR. >> YOU JUST SAID IT YOURSELF.
>> WHAT'S THAT? >> YOU JUST CALLED IT A UTILITY
EASEMENT. >> CAN YOU EXPLAIN WHO HAS
ACCESS TO THOSE? >> THE UTILITY COMPANIES.
>> BECAUSE ON THE WEB SITE THE ABILENE.COM WEB SITE SAYS WHAT IS A UTILITIES NECESSARILY GENERALLY EASEMENT'S ESTABLISH A PORTION OF PRIVATE PROPERTY WHERE SOMEONE OTHER THAN LAND OWNER HAS LEGAL RIGHTS UTILITY EASEMENTS PROVIDES SPACE PIER AND GOES ON TO TALK ABOUT ACCESS EASEMENT'S UNDER THAT SAME SECTION ALLOWS FOR PUBLIC ACCESS TO CROSS THE PARTICULAR AREA.
IF YOU COME BACK TO CHAPTER 5 STUDY ORND GENERAL DEFINITIONS ACCESS MEANS APPROACHING OR ENTERING A PROPERTY INCLUDING A RIGHT OF PASSAGE FROM ADJACENT STREET ALLEY OR PROPERTY.
SO MY OTHER QUESTION IS, WITH THE GSI SYSTEM HERE IN ABILENE ARE YOU GUYS AWARE OF THE GSI SYSTEM ANY OF THE ENGINEERS OR ANYBODY WHERE YOU MODIFY THE PLATS DIGITALLY? WOULD THAT TRUMP A COURT CERTIFIED PLAT SAY FOR EXAMPLE RISE CHURCH AT 517 NORTH PIONEER DRIVE ON OCTOBER 17TH THERE'S A MODIFICATION TOO THAT PROPERTY AS WELL AS 602 NORTH PINE HURST ACROSS THERE'S A MODIFICATION SO I'M WONDERING WHERE THEY PUSH BACK THAT UTILITY EASEMENT TO SHOW THE CITY OWNS THE PROPERTY.
>> SO YOU'RE NOT ADDRESSING ONE OF THESE PLATS.
>> I'M ADDRESSING THE PLAT. >> YOU'RE ADDRESSING A PLAT
FORWARD RISE CHURCH. >> WHAT'S THAT?
>> YOU'RE REQUESTING. >> I REQUESTED LAST TIME TO HAVE THAT PUT ON AGENDA AND YOU DIDN'T GO.
I GUESS YOU GUYS FOR RISE CHURCH ARE DOING IT SO I DON'T HAVE OPPORTUNITY TO SPEAK ON THAT. YOU GUYS DIDN'T OPEN UP PUBLIC
COMMENT. >> IT'S FOR THESE PARTICULAR PLATS AND YOU'RE BEING DISRUPTIVE FOR OUR MEETING.
>> CAN I ASK YOU ONE MORE THING. >> YES, SIR.
>> DOES THE GSI WHICH IS THE, GLOBAL OR GEOGRAPHICAL INFORMATION STEMMED DOES A TRUMP A COURT CERTIFIED PLAT IF SOMEONE GOES IN THERE AND MODIFIES THAT?
>> THANK YOU SIR. APPRECIATE IT.
>> ANYONE ELSE LIKE TO ADDRESS THESE PLATS? SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING.
ANY FURTHER COMMENT OR QUESTIONS FOR ADAM.
I'LL MOVE TO APPROVE. >> AND THOSE WITH CONDITIONS AS
STATED. >> MOTION TO APPROVE WITH
>> AND SECOND. >> MOTION TO APPROVE.
[ZONING]
>> SO, BEFORE WE GET INTO OUR ZONING CASES WE ARE GOING TO MOVE THE ORDINANCE MEASUREMENT ITEM 10 TO THE END AND UNLESS THERE IS, IS THERE ANYBODY HERE THAT WANTS TO ADDRESS THAT ORDINANCE AMENDMENT OR IS HERE FOR THAT? WE ARE GOING TO MOVE THAT DOWN TO THE END AND WE WILL ADDRESS IT AT THE VERY BOTTOM AFTER ITEM 16.
SO FIRST ZONING CASE HISTORIC OVERLAY . . . SOUTH FIRST
WE ARE GOING TO LOOK AT CASE HOZ-202 THE RONER ROBERT HENKE.
[00:10:08]
HERE IS A LITTLE BIT OF BACKGROUND INFORMATION.IN 1927-28 S.B. SHELTON BUILT A BUILDING FOR BUICK.
IN 1932 JESSE FRANKLIN WIN TERGS BUYS THE BUILDING AND BEGINS OPERATIONS AS DNW TIRE STORE N. 1951 IT BEGINS OPERATING AS DNW FURNITURE N. THE 1980S THE BUILDING BEGINS OPERATING AS THOMAS EVERETT FURNITURE AND IN 2023 THE BUILDING BEGAN OPERATING AT DNW UNDERGROUND VENUE.
THIS PROPERTY IS NOT ON THE ABILENE REGISTER OF HISTORIC PROPERTIES. WE HAVE AN AREA LOCATION MAP.
AND THEN WE HAVE THE ZONING MAP. IT'S ZONED CENTRAL BUSINESS.
HERE WE HAVE A VIEW OF THE SUBJECT PROPERTY.
AND HERE WE HAVE SOME HISTORIC PHOTOS OF THE SUBJECT PROPERTY.
AND THEN HERE ARE SOME EXISTING, SORRY, PHOTO OF THE SUBJECT PROPERTY WHENEVER IT WAS BEING RENOVATED FOR DNW UNDERGROUND.
LEASE AND OUT NOTIFICATIONS WITHIN A 200 FOOT BUFFER OF THE SUBJECT PROPERTY AND SORRY WE RECEIVED ZERO RESPONSES.
ACCORDING TO SECTION 2.3.4.4 THE CRITERIA FOR DESIGNATION FOR HISTORIC OVERLAY STAFF DETERMINES THAT THIS PROPERTY IS SUFFICIENT FOR HISTORIC OVERLAY AND THE LANDMARKS COMMISSION RECOMMENDED APPROVAL. I'D BE HAPPY TO ANSWER ANY
QUESTIONS. >> QUESTIONS FOR MASON.
>> I WILL OPEN THE PUBLIC HEARING ANYONE LIKE TO ADDRESS IS THIS OVERLAY? SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING. ANY FURTHER COMMENTS OR QUESTIONS. ENTER MOTION.
>> MOTION TO APPROVE. >> SECOND.
>> MOTION CARRIES. >> CASE HOZ 2023.
MASON TEE GARDEN TODAY WE ARE LOOKING AT CASE HOZ-2023-03 OWNER MATTHEW METER LOOKING TO ADD HISTORIC OVERLAY.
HERE IS BACKGROUND INFORMATION, THE HOME IS A TWO STORY MINUTE BAY DOMESTIC BUILDING IN QUEEN ANNE STYLE WITH BEAU ARTS BUILT AROUND 1910. THERE ARE THREE OFF SET BRICK CHIMNEYS. THERE'S A SINGLE STORY RECESS CORNER . . . AND THERE'S A FIVE SIDED TOWER LOCATED IN THE MIDDLE OF THE REAR SIDE OF THE HOUSE.
THE HOUSE HAS BEEN NAMED THE KING HOUSE AFTER HARRY TOM KING AND HIS WIFE HEAT WAS A PROMINENT LAWYER AND JUDGE IN EARLY ABILENE. THE PROPERTY IS ON THE REGISTER OF ABILENE HISTORIC PROPERTIES. HERE WE HAVE AREA LOCATION MAP.
AND THE ZONING MAP WITH ZONED MEDIUM DENSITY AND WE HAVE THE PROPERTIES ALSO HAVE HISTORIC OVERLAY ARE HASHED OUT AS WELL.
AND THEN I ALSO INCLUDED HISTORICAL OVERLAY ZONING MAP.
HERE WE HAVE SOME VIEWS OF THE SUBJECT PROPERTY.
AND THEN WE HAVE SOME HISTORIC PHOTOS OF THE SUBJECT PROPERTY.
WE SENT OUT NOTIFICATIONS WITHIN A 200 FOOT BUFFER OF THE SUBJECT PROPERTY AND DID NOT RECEIVE ANY RESPONSES.
ACCORDING TO SECTION 2.3.4.4 THE CRITERIA FOR DESIGNATION FOR HISTORIC OVERLAY STAFF DETERMINED THAT THIS PROPERTY IS A GOOD CONTENDER FOR HISTORIC OVERLAY.
THE LANDMARKS COMMISSION ALSO RECOMMENDED APPROVAL.
I'D BE HAPPY TO ANSWER ANY QUESTIONS.
>> ANY QUESTIONS FOR MASON. THANK YOU.
>> THANK YOU. >> I'LL OPEN THE PUBLIC HEARING.
ANYONE LIKE TO ADDRESS THIS HISTORIC OVERLAY CASE.
SEEING NO ONE I WILL CLOSE I. ANY FURTHER COMMENT OR QUESTIONS
[00:15:03]
OR MOTION. >> I'LL MOVE TO APPROVE.
>> I SECOND. >> MOTION TO APPROVE AND SECOND.
>> WE ARE GOING TO JUMP TO ITEM 11 STREET NAME CHANGE STEVENSON TO ARTERIAL MASON DRIVE EAST NORTH 10TH TO EAST NORTH SEVENTH
I'M ADAM HOLLAND. I REPRESENT CASE SNC 202305 ZONED BY TRIO MASON REQUEST TO CHANGE THE NAME FROM EAST NORTH TENTH EXTENDING SOUTH TO EAST NORTH SEVENTH STREET.
HERE IS A ZONING MAP SHOWING THE PROPERTY, CURRENTLY THIS BORDERS THE CITY OF ABILENE TRAIL CITY WATER CREEK TRAIL RS 6 ZONING NEARBY AS WELL AS GC JUST SOUTH OF THIS PROPERTY IS THE STEVENSON PARK. HERE IS A FLOOD MAP, SHOWING THE AREA. IT IS CURRENTLY LOCATED INSIDE THE FLOOD WAY. HERE ARE SUBJECT VIEWS OF THE STREET. AS YOU CAN SEE, PORTION OF ITS UNIMPROVED, SOME OF IT HAS BEEN IMPROVED TO ASPHALT AS WELL AS THE NEIGHBORING TRAIL, JUST TO THE WEST OF THE SUBJECT PROPERTY. WE SENT OUT NOTIFICATIONS REGARDING THIS PROPERTY AND RECEIVED NONE IN FAVOR OR OPPOSED. STAFF RECOMMENDS THAT WHAT CITY STAFF DOESN'T HAVE A RECOMMENDATION EITHER APPROVAL OR DENIAL BUT IF THE PLANNING AND ZONING COMMISSION WOULD LIKE TO APPROVE IN STAFF RECOMMENDS ADDING THAT THE APPLICANT SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THE NAME CHANGE INCLUDING THE COST OF NEW STREET SIGNS AND THE TWO STREET ADDRESS CHANGES. I'D BE HAPPY TO ANSWER ANY
QUESTIONS YOU HAVE FOR ME. >> SO DOES THE PROPONENT OWN THE PROPERTY THEY'RE GOING TO HAVE TO CHANGE THE ADDRESSES ON?
>> NO. THE PROPERTY TO BE HAVE ADDRESSES CHANGED IS AT THE CORNER OF EAST WASHINGTON STREET
AND STEVENSON DRIVE. >> IS THIS AN HONORARY NAME CHANGE WHERE ADDRESS'S WILL STAY THE SAME?
>> THIS IS A STREET NAME CHANGE. >> FULL STREET NAME CHANGE.
>> THAT THE CORRECT. >> SO IS THERE ANY REASON WHY WE ARE CHANGING A HISTORICALLY BLACK NEIGHBORHOOD STREET NAME
TO A PERSONAL NAME? >> THE APPLICANT IS HERE I BELIEVE. WE RECEIVED A REQUEST AND WE
HAVE PROCESSED THE REQUEST. >> OKAY.
>> I WOULD LOVE TO SPEAK. >> JUST A SECOND.
JUST A SECOND. ANY OTHER QUESTIONS FOR ADAM.
I WILL OPEN THE PUBLIC HEARING. YOU CAN COME UP.
I RECENTLY HAD PURCHASED. >> MA'AM.
WOULD YOU GIVE YOUR NAME AND ADDRESS PLEASE.
>> I'M SORRY MY NAME IS ATRIAL. MASON, AND I OWN THREE A LITTLE SHORT OF THREE ACRES OF LAND ON 901 STEVENSON DRIVE.
>> THANK YOU. >> SO MY PLAN IS BASICALLY JUST TO BRING OF THE DEVELOPMENT WITHIN THE COMMUNITY.
FROM MY UNDERSTANDING ADAM REFERRED ME TO THE CITY EVENING NEAR THAT SAID THAT IT WAS KIND OF LIKE A FLOOD ZONE BUT HE TOLD ME I WILL BE ABLE TO BUILD A NEW DEVELOPMENT SO MY PLANS WERE KIND OF MAYBE POSSIBLY REZONING IN THE FUTURE LATER ON, ONCE I GET APPROVED FOR LIKE ASSISTANT LIVING FOR THE COMMUNITY AND POSSIBLY LIKE SOME MIXED USE BUSINESSES ALONG WITH MAYBE SOME
NEW RESIDENTIAL PROPERTIES. >> MY QUESTION TO YOU IS, I HAVE PROPERTY ON COCKREL DRIVE AND I HAPPENED TO STOP BY AND SOME OF THE RESIDENTS THERE DON'T REALLY RESPOND TO THE MAIL THAT THEY SHOULD. SOME OF THEM DON'T EVEN
[00:20:04]
UNDERSTAND, SO I AM OUTSIDE OF THE 200 FOOT BUFFER, BUT JUST TO GIVE YOU A LITTLE HISTORY, ARE YOU FROM ABILENE?>> NO, I'M NOT FROM ABILENE. >> SO DO YOU LIVE IN ABILENE?
>> I DO NOT LIVE IN ABILENE. >> OKAY.
SO, BACK IN THE 40S I BELIEVE A LOT OF PEOPLE WERE RED LINED TO CERTAIN LIVING AREAS. STEVENSON DISTRICT IS ONE OF THEM. STEVENSON PARK HAS BEEN A BIG
COMMUNITY ISSUE SINCE 2020. >> YES.
>> WE HAVE DONE A LOT OF WORK AND I'M ALL FOR DEVELOPMENT AND MAKING IT NICE AND BEAUTIFUL. I THINK IT'S A LOT OF WORK BUT THAT THE ALREADY BEEN DONE THERE AND I LOVE IT.
I LOVE WHAT YOU'RE DOING. NORMALLY, WHEN WE SEE A NAME CHANGE IT'S MORE LIKE HONORARY LIKE A PATHFINDER SOMEBODY THAT THE PAVED THE WAY SOMETHING CLOSE TO THAT.
SO, I WAS JUST TRYING TO FIGURE OUT WHY WE WOULD TAKE THIS HISTORIC NAME THAT WAS GIVEN THAT THE BEEN HERE SINCE FOREVER AND NAME IT AFTER A PERSONAL NAME, WHICH I LOVE THE WHOLE IDEA OF DEVELOPMENT AND ALL OF THOSE IDEAS.
HOWEVER, THE NAME AND THE DISTRICT AND THE WORK THAT'S BEEN PUT THERE FOR DECADES, EVEN PEOPLE THAT CAME ALONG WAY BEFORE ME THAT'S MY ONLY ISSUE RIGHT THERE THAT THAT IS A
HISTORICALLY BLACK NEIGHBORHOOD. >> I COMPLETELY UNDERSTAND WHEN YOU'RE COMING FROM, BUT EVEN OUR HISTORIC PEOPLE THEY HAD TO
START SOMEWHERE. >> ABSOLUTELY.
>> I AM A VISIONARY. MY PARENTS LIKE AND MY GRANDPARENTS MY LAST NAME I'M HOLDING ONTO, I KNOW THIS IS BESIDE THE POINT BUT I WAS MARRIED FOR ABOUT 12 YEARS AND DIVORCED AND WENT BACK TO MY MAIDEN LAST NAME SO FOR ME MY NAME MEANS SOMETHING. MY GRANDPARENTS ARE ORIGINALLY FROM WACO, TEXAS SO TRANSITIONING ON UNDER MY FATHER'S WISHES BECAUSE HE PASSED ON I'M TRYING TO DO SOMETHING AND INVENT SOMETHING FOR OUR COMMUNITY BECAUSE IT NEEDS A LOT OF WORK TOO. I DON'T KNOW IF YOU TAKE A LOOK AT IT OR NOT SO I'M LIKE ALL FOR OUR PEOPLE AND ALL PEOPLE IN GENERAL SO I JUST WANT TO TAKE IT AND MAKE IT SOMETHING BIGGER AND THAT LEGACY FROM THE STEVENSON FAMILY.
I WOULD NEVER TRY TO TAKE ANYTHING FROM ANOTHER LEGACY BUT I WANT TO BREAK IN MY LEGACY. I'M A YOUNGER GENERATION.
THAT WAS JUST MY WHOLE PLAN AND IDEA FOR EVERYTHING BECAUSE I AM A REALTOR TRYING TO COME UP. I JUST BOUGHT LIKE THREE HOMES IN ILLINOIS THAT I PLAN ON RENOVATING AND BRINGING BACK UP INTO ANOTHER AREA THAT THE KIND OF YOU KNOW, RACIALLY PROFILED HISTORIC OF I THINK IT'S PRONOUNCED CAIRO, ILLINOIS SO JUST TRYING TO REINVENT THINGS AND MAKE IT BETTER FOR ALL FAMILIES INSTEAD OF LOOKING AT THE LAND AND BEING LIKE WHAT ARE
WE DOING HERE AND NOTHING THERE. >> WOULD YOU STILL BE IN CONSIDERATION OF LIKE IMPROVING IT EVEN IF THE NAME DID NOT
>> YEAH. I'M JUST LIKE IF I'M COMING BEHIND AND TRYING TO UP THE AREA FOR THE WHOLE COMMUNITY AND BRING MORE JOBS AND BUSINESSES INTO THE COMMUNITY, EVEN WITH IT BEING IN A FLOOD ZONE, I'M HIKE, WHERE IS MY, YOU KNOW WHAT I'M SAYING, APPRECIATION BEHIND IT SO THAT THE THE ONLY REASON I CAME IN. I WOULD LIKE TO HAVE THAT.
>> I TOTALLY UNDERSTAND. >> IN THE AREA THAT YOU'RE PLANNING TO DEVELOP WILL YOU HAVE NEW STREETS?
>> ON THE STREET? >> WILL YOU HAVE NEW STREET IN THE AREA YOU'RE PLANNING TO FURTHER DEVELOPMENT?
>> I WAS THINKING DOING LIKE A MILK USE I THINK ADAM TOLD ME I MIGHT HAVE TO COME IN AND GET IT RESOENTD FOR COMMERCIAL.
I WAS THINKING LIKE ASSISTANT LIVING GROUP HOME AND ALSO A
CHILD CARE. >> ANY MORE QUESTIONS?
[00:25:02]
>> THANK YOU FOR THE HISTORY. >> ANYONE ELSE LIKE TO VISIT WITH US? SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING. DO WE HAVE ANY DISCUSSION OR A MOTION OR QUESTIONS? I'M FOR THE DEVELOPMENT.
GIVEN IT'S VERY CLOSE NATURE TO STEVENSON PARK WHICH IS A CITY PARK A LOT INVESTED IN OVER THE LAST FEW YEARS I WOULD PERSONALLY BE AGAINST THE NAME CHANGE BECAUSE THERE IS HISTORY ASSOCIATED WITH THAT. I WOULD LOVE THE SAME WAY THE LANDMARK COMMISSIONED RECOMMENDATIONS ON THE LAST TWO CASES I WOULD LOVE TO SEE US THINK ABOUT OUR CODING AND MAYBE HAVE SOME WHEN WE HAVE NAME CHANGES THAT COME FORWARD WHERE WE HAVE ANOTHER BODY SPEAKING INTO HISTORIC ASPECTS OR DIFFERENT THINGS RELATED TO THAT I THINK THAT WOULD BE BENEFICIAL TO US ON THE PLANNING AND ZONING AND BENEFICIAL ON CITY COUNCIL SO THAT'S OFF THE MATTER BUT MY INCLINATION WOULD BE TO DECLINE THE NAME CHANGE GIVEN ITS NATURE HISTORIC SIGNIFICANCE AND CONNECTION ALREADY TO A REALLY MAJOR UP AND COMING CITY PARK.
SO THAT THE MY OPINION. >> ADAM WOULD YOU PUT UP THE FLOOD MAP? IT'S IN THE FLOOD WAY, AND THE RECENT DEVELOPMENT HAD HAPPENED THERE IN THE FLOOD WAY AND IT'S VERY DIFFICULT TO BUILD IN THE FLOOD WAY AND VERY COSTLY TO BUILD IN THE FLOOD WAY SO I REALLY QUESTION WHETHER A DEVELOPMENT WOULD REALLY TAKE PLACE BECAUSE OF THAT, SO IT'S, YOU KNOW, I THINK IF THERE WAS A DWP GOING ON AND THERE WAS EVIDENCE THAT THINGS WERE GOING TO HAPPEN THERE WE MIGHT BE UNDER DIFFERENT CIRCUMSTANCES BUT I THINK MY OPINION IS IT'S GOING TO BE VERY DIFFICULT AND VERY COSTLY.
>> I THINK SHANTAY DOES BRING UP POINTS THAT NEED TO BE WEIGHED.
I WOULD ECHO I WOULD BE WILLING TO LOOK AT THIS POST-DEVELOPMENT AND SEE IF THE DEVELOPMENT WARRANTS THAT.
I PERSONALLY THINK WE OUGHT TO LEAVE IT AS IS NOW AND FURTHER DOWN THE ROAD IF APPROPRIATE AT THAT TIME.
>> ME JUST EVERYTHING DONE SO MUCH WORK DOWN THERE, I'M ALL FOR IT. I LOVE WHAT YOU'RE DOING AND JUST LIKE YOU SAID ON DOWN THE ROAD, MOST DEFINITELY, BUT FOR RIGHT NOW, I TWO -- WOULD WANT TO LEAVE IT THE WAY IT IS.
WHEN YOU START TO DEVELOP AND MOVE MOST DEFINITELY WE COME BACK LOOK AT IT AND SEE WHAT'S WHAT AND THEN ALSO HEARING FROM THE PEOPLE THAT ARE DOWN THERE, THAT LIVES THERE THAT COMES FROM THERE BUT YES I'M IN SUPPORT OF THE DEVELOPMENT.
IT'S JUST LIKE YOU SAID. IT'S NOT A FLOOD WAY.
YOU HAVE TO DO A LOT OF WORK BUT ONCE YOU GET TO THAT POINT THEN
YES, MA'AM. >> I THINK WE ARE ALL ROOTING FOR YOU AND IF THIS DOES NOT GET APPROVAL I HOPE YOU DON'T TAKE ANYTHING LESS THAN WHAT WE ARE SEEING RIGHT HERE RIGHT NOW.
>> [INAUDIBLE] >> I'LL REOPEN THE PUBLIC HEARING YOU CAN COME BACK UP NOW.
WOULD IT BE A WAY POSSIBLY IF WE COULD, BECAUSE I WAS ALREADY KIND OF UP IN THE AIR ABOUT THE SIGN AND I DIDN'T KNOW THE HISTORY OF IT UNTIL YOU BROUGHT IT TO MY ATTENTION TODAY.
WOULD IT BE ASKING TOO MUCH IF I COULD-NATE THE LAST NAME LIKE
MAYBE STEVENSON-MASON? >> THAT'S A NEW APPLICATION.
>> AND THERE SHANTAY MENTIONED THERE HAVE BEEN ON REGARDY NAMES APPLIED TO EXISTING STREET NAME SO THERE ARE DIFFERENT APPROACHES. .
>> WHEN YOU DRIVE BY ONE OF OUR MUSEUMS HICKORY STREET IT SAYS SANTA CLAUS LANE. THERE'S A CHILDREN'S MUSEUM THERE TO HONOR THAT AS WELL AS HAVE THE HISTORIC STREET NAME THERE AS WELL SO AS YOU MOVE FORWARD WITH YOUR DEVELOPMENT LIKE POTENTIALLY DOING THAT WHERE YOU ALMOST HAVE BOTH I THINK THAT'S SOMETHING YOU COULD LOOK AT.
>> I'LL CLOSE THE PUBLIC HEARING.
COULD WE HAVE A MOTION? >> I'LL MOTION TO DECLINE, MOST
[00:30:05]
TO DENY THE NAME CHANGE. >> SECOND.
>> AND SECOND. >> WE HAVE A MOTION TO DENY.
>> THANK YOU. ZONING CASE Z 20231.
I'M ADAM HOLLAND. I'M A PLANNER.
>> THIS IS THE TABLED ONE. RIGHT? DO I HAVE A MOTION TO REMOVE ZONING CASE 2023-31 FROM THE
>> I'M ADAM HOLD AND PLANNER CITY OF ABILENE Z-2023-3031 REPRESENTING BY TJC DEVELOPMENT AND MCMAHON . . . PC REQUEST TO AMEND THE TERMS OF PDD 157 LOCATED AT 2500 BLOCK OF NORTH JUDGE ELI. CAN YOU SEE THE SQUARE IN THE BOTTOM LEFT HAND SIDE THAT SAYS, SUBJECT PROCEEDED POSTED DEVELOPMENT. HERE IS THE CURRENT ZONING MAP OF THE PROPERTY. REST OF THE P.D. IS EAST OF THE SUBJECT PROMPT HERE ARE VIEWS OF THE SUBJECT PROPERTY.
CURRENTLY THIS HAS BEEN PARTIALLY DEVELOP.
THIS IS A BANK EMERGENCY ROOM OR URGENT CARE FACILITY IN THE AREA. HERE ARE SOME SIMILAR ACTIVE DEVELOPMENTS. THEY'RE PROPOSING SINGLE-FAMILY USE WITHIN THEIR DEVELOPMENT. THIS PARTICULAR SUBJECT IS WEST LAY COURT DEVELOPMENT. HERE IS THE AMENDED CONCEPT PLAN. THEY HAVE CHANGED THE ACCESS TO THE PROPOSED DEVELOPMENT. AND THEY WOULD ALSO LIKE TO ADD THE PERMITTED USE OF ACCESSORY BUILDING IN GENERAL SUBJECT TO THE STANDARDS OF THE LAND DEVELOPMENT CODE.
BELOW ARE THE MAJOR CHANGES TO THE CONCEPT PLAN, THE PRIVATE ALLEY BEHIND THE PROPOSED HOMES. I DON'T BELIEVE THIS SHOULD HAVE BEEN IN THERE. WE SENT OUT NOTIFICATIONS.
AND RECEIVED TWO IN FAVOR. ONE RECENTLY RECEIVED AND DID
NOT GET BEYOND THIS POWER POINT. >> STAFF RECOMMENDS APPROVAL SUBJECT TO THE FOLLOWING CONDITIONS THAT IT SHALL BE SUBJECT TO THE CONCEPT MAN A TYPE A BUFFER SHALL BE PROVIDED AS SHOWN ON THE CONCEPT PLAN. I'D BE HAPPY TO ANSWER QUESTIONS
YOU HAVE. >> GO BACK TO THE CONCEPT PLAN.
SO YOUR LIED WAS CORRECT. IS IT THE NEXT ONE? THOSE. THERE'S NO LONGER A PRIVATE
WHY DON'T YOU GO THROUGH THOSE. >> PRIVATE ALLEY BEHIND THE PROPOSED HOMES THAT PROVIDE EMERGENCY ACCESS IS NOT PROPOSED. A DRIVEWAY OFF JEJ ELI BOULEVARD NEAR CLOVER LEAF LANE NO LONGER PROPOSED ACCESS PROVIDED FROM EXISTING DRIVEWAY SOUTH AND ALL CONDITIONS OF THE 2014 AMENDMENT OF ACU DRIVE . . . WILL BE FULLY HONORED.
>> HERE WE GO. >> SO LOOK-ALIKES DIFFERENT FROM TWO MONTHS AGO. NOW IT HAS ITS OWN DRIVE AND DOES NOT ACCESS THAT ALLEY ANYMORE AND WILL HAVE A SOLID
WALL BEHIND SINGLE-FAMILY HOMES. >> SOLID WALL FENCE.
>> SOLID FENCE. >> DEPENDING HOW THEY
[00:35:01]
>> THANKS ADAM. I WILL OPEN THE PUBLIC HEARING ANYONE LIKE TO COME UP AND ADDRESS THE ZONING CASE.
>> GOOD AFTERNOON. MY NAME IS MIKE MURRAY.
I'M AN ATTORNEY AND I REPRESENT THE APPLICANT HERE.
TO SUMMARIZE, WE HEARD THE CONCERNS THAT WERE EXPRESSED AT THE LAST MEETING REGARDING ACCESS TO THE FORMER PORTION OF ACU DRIVE. WE HAVE ADDRESSED THAT.
WE NO LONGER ACCESS THAT THAT ALLEY BEHIND THE PROPERTY.
WE HAVE ALSO INCORPORATED IN THE SOLD I HAD FENCE SO ALL OF THE REQUIREMENTS THAT WERE ESTABLISHED IN THE ACU DRIVE REMAIN THE SAME SO WE HAVE HEARD WHAT OUR NEIGHBORS WERE CONCERNED ABOUT AND ATTEMPTED TO ADDRESS THAT.
FOR BACKGROUND IN 2016 THIS PROPERTY WAS ZONED IN A MAN DEVELOPMENT AND CURRENTLY ALLOWS COMMERCIAL USES MULTI-FAMILY AND TOWN HOMES. WE ARE SIMPLY ASKING THAT A SINGLE-FAMILY COMPONENT BE ADDED TO THAT.
WE THINK THIS PROVIDES AN APPROPRIATE BUFFER BETWEEN THE RESIDENTIAL NEIGHBORHOOD AND WHAT WE MAY DO SOUTH OF THAT WHETHER THAT'S COMMERCIAL MULTI-FAMILY, WE THINK THAT'S AN APPROPRIATE BUFFER SO WITH THAT I'D BE HAPPY TO ANSWER ANY QUESTIONS OR RESERVE MY TIME TO RESPOND LATER IF YOU PREFER.
>> I THINK IN MY OPINION THIS PETE EVERYTHING THAT WE HAVE
BEEN DISCUSSING. >> THANK YOU.
>> MY NAME IS JIM WATSON. I LIVE AT 2550 CLOVER LEAF, THE COUNTRY MEADOWS ADDITION IN ORDER OF HERE.
I WANT TO SAY THANK YOU TO Y'ALL FOR HEARING ME ABOUT THE ORDINANCE 22-2014 IN THAT EXHIBIT A WHICH HAD ITEMS 1-4 IN THERE WHICH WE HOPE ALL OF THEM WILL BE FOLLOWED AND THE PREVIOUS MAN'S REMARK REPRESENTATIVE IS SAID THEY'RE DOING. AND THE PEOPLE THAT I'VE TALKED TO IN MY NEIGHBORHOOD THAT I REPRESENT ARE AGREEABLE WITH THIS. THERE MAY BE SOMEER WHO THINGS THAT THEY WANT THAT I BELIEVE THAT THEY STAY WITH THIS ORDINANCE THAT IS NINE YEARS OLD NOW, SOON TO BE TEN.
EVERY ITEM ON THERE WITH THE UTILITIES BEING PUT UNDERGROUND THINGS OF THAT NATURE EACH ONE OF THOSE AND WE LIKE THE IDEA OF A SOLID FENCE AND WE APPRECIATE WHAT Y'ALL DID FOR US AND HOPE TO WORK TOGETHER WITH YOU IN THE FUTURE.
THANK YOU VERY MUCH. >> THANK YOU MR. WATSON.
MS. NELSON. >> I AM DWYLA NELSON I LIVE AT 2550 SUNNY BROOK WHICH IS IN THE AREA OF THE CLOVER LEAF COUNTRY MEADOWS ADDITION. I THINK RIGHT NOW I HAVE A QUESTION MORE THAN ANYTHING. I DO APPRECIATE THE STATEMENT MADE BY MR. REPRESENTATIVE IN WHICH HE STATED THAT THEY HEARD OUR ISSUES OF NUMBER 1 THE ALLEY THAT IT HAD BECOME A AUTHORIZE FAIR AND SO, I'M PRESUMING IF THIS IS CORRECT THAT YOU'RE TALKING WHEN YOU COME IN HERE YOU'RE GOING TO BE GOING NORTH OR SOUTH COME THIS WAY AND EXIT. IS THAT CORRECT?
>> YES, MA'AM. THAT'S WHAT THEY'RE PROPOSING.
>> OKAY, AND THEN THAT THE CONCRETE WALL THAT WAS INITIALLY APPROVED BY THE CITY COUNCIL IN WHATEVER YEAR SEVERAL YEARS AGO, THAT THAT IS TO BE BUILT AS WELL.
>> YES. IT SAYS ON THERE BUT I'M NOT SURE IT'S A CONCRETE WALL. IT'S A SOLID FENCE.
SO. >> WELL I THINK IF I'M REMEMBERING CORRECTLY I THINK THE AMENDMENT CALLS FOR A CONCRETE WALL A SIX FOOT OR WHATEVER, SO WHATEVER THEY'RE PROPOSING IN THEIR CONCEPT PLAN DOES IT MEET THE REQUIREMENTS THAT WERE INITIALLY APPROVED IN THAT CITY COUNCIL ISSUE?
[00:40:01]
OR WAS THAT CHANGED IN SOME WAY? >> NUMBER 3 ALL CONDITIONS . . .
NAMELY NON-ACCESS AGREEMENT BUFFER YARD AND SCREENING FENCE
WILL BE FULLY HONORED. >> WHERE IS THAT LITTLE --
>> I THINK YOUR TERM THAT YOU USED MORE ROSEN BAUM WE TALKED ABOUT CONCRETE FENCE. IF THE LANGUAGE OF THAT THERE WOULD BE A SOUTH SIDE SOUTHERN ALLEY IN THE CLOVER LEAF SUBDIVISION AFOOT SOLID FENCE BE REQUIRED UPON DEVELOPMENT OF THE PROPERTY ADJACENT TO THE ALLEY SO THEIR CONCEPT PLAN INCLUDES
>> OKAY, AND I WOULD LIKE TO JUST FOR THE RECORD PERHAPS A PLAN THAT COULD BE MADE THE WAY I UNDERSTAND --
>> YOU NEED TO ADDRESS ME. YOU NEED TO ADDRESS ME.
>> IS THAT MY TIME? >> YOU NEED TO ADDRESS ME.
>> OH. WHAT I WAS TRYING TO SAY THIS EXISTING SITE RESERVED FOR SENIOR LIVING FACILITY IS THAT IN THE COP SET PLAN NOW? OR I BELIEVE THE LETTER SAID IT WAS SOMETHING ELSE OR TO BE DECIDED OR TO BE DETERMINED.
>> IN THE PLAN DEVELOPMENT DISTRICT THAT WAS ORIGINALLY APPROVED FOR ALL OF THAT AREA SENIOR LIVING BY RIGHT IN THAT PLANNED DEVELOPMENT SO THEY CAN PUT THAT ANYWHERE THEY WANTED TO WITHIN THAT PLAN ACROSS THE ROAD OR ANYWHERE SO THEY'RE SHOWING THAT'S WHERE THEY WOULD LIKE TO PUT THAT NOW OR POTENTIALLY.
>> THEY WOULD LIKE TO PUT A SENIOR FACILITY HIFG FACILITY NOW SO IS THIS APPROVING THAT OR WOULD THEY HAVE TO COME BACK FOR OTHER PLANS? IF THEY DON'T BUILD A SENIOR LIVING FACILITY DO THEY HAVE TO COME IN AND GET A DIFFERENT ZONE
SOMETHING. >> NO, MA'AM THEY WANT BECAUSE THE PLANNING DEVELOPMENT ALLOWS SENIOR LIVING WITHIN THE DEVELOPMENT DISTRICT. THE REASON FOR THE CHANGE WAS THE DEVELOPMENT DISTRICT DIDN'T HOWE FOR RS-6 WHICH IS WHAT THOSE HOMES ARE SO THAT THE BEEN THE CRITERIA HOW WE GOT INTO ALL THIS THEY WERE REQUESTING TO AMEND THE DEVELOPMENT DISTRICT TO HOWE RS-6 RESIDENTIAL IN THAT DISTRICT WHICH IT WASN'T THERE
ORIGINALLY. >> SO IF SOMEONE ELSE WANTED TO DO SOMETHING CAN DIFFERENT SO THE CHOICES ARE SENIOR LIVING RESIDENTIAL SINGLE-FAMILY AND IT'S ALL HOUSING.
DID YOU HAVE THAT LIST OF THINGS?
>> WHAT IS CONSIDERED -- >> IT'S A MILK USE PLANNED DEVELOPMENT SO ALL THAT STUFF ACROSS ALLEN RIDGE THE APARTMENTS ON JUDGE ELI ALL THOSE WERE ALLOWED IN THE PLAN
DEVELOPMENT. >> AS THE P.D. PRESENTLY EXISTS THEY COULD PUT COMMERCIAL RETAIL UP TO THE BACK OF THAT ALLEY.
>> RIGHT. >> SO THIS DIMENSION IS RIGHT AND PROVIDES A BUFFER THAT DOESN'T EXIST BETWEEN YOUR NEIGHBORHOOD AND THE DEVELOPMENT.
SO THIS IS IMPROVEMENT OVER WHAT COULD BE ALLOWED BY RIGHT.
YOU HAD A BUNCH OF STORES IN A SHOPPING CENTER FACING TOWARD YOUR PROPERTIES. SO THIS IS AN IMPROVEMENT, STAFF
I THINK THAT'S PRETTY CLEAR. I DO HAVE SOME CONCERNS AND OTHER SUGGESTIONS THAT COULD BE MADE BUT I GUESS WE ARE PAST THAT. RIGHT? OKAY. THANK YOU VERY MUCH.
I APPRECIATE YOUR CONCERN AND YOUR LISTENING TO US.
>> THANK YOU VERY MUCH. I'M BUTCH NELSON 2550, DIDN'T ASK MY QUESTION PROPOSING TO COME OFF JUDGE ELI WITH A NEW PREROGATIVE HOW IS THAT NEW ENTRANCE GOING TO AFFECT THE ALLEYWAY FOR THE PEOPLE LIVING ON CLOVER LEAF THAT COME INTO
[00:45:01]
THEIR HOMES WITH THEIR GARAGES IN THE BACK? HOW IS THAT GOING TO AFFECT THAT? LOOKS LIKE IT'S GOING TO BE A TRAFFIC JAM.>> LOOKS LIKE THEY'RE BUILDING A STREET SO YOU'LL HAVE TO JUM
THE CURB TO GET INTO THE ALLEY. >> SORRY.
>> YOU'LL HAVE TO JUMP A CURB TO GET INTO THE ALLEY BECAUSE
THAT'S A NEW STREET. >> THEY WILL NOT TOUCH EACH
OTHER. >> I DON'T SEE A CURB THERE.
>> IF THEY BUILD A STREET IN CITY OF ABILENE IT'S GOT TO HAVE
CURB AND GUTTER ON IT. >> OKAY.
YOU'RE SURE. BECAUSE LOOKS LIKE TO ME IT'S GOING TO BE CONFUSION IN THERE BECAUSE THERE'S ALREADY CONFUSION COMING IN AND OUT OF THERE.
>> HAVING NO ACCESS EASEMENT THEY SAY THEY'RE COMPLYING WITH
THE NO ACCESS EASEMENT. >> THAT'S PROBABLY TRUE.
I'M JUST ASKING IT LOOKS LIKE TO ME THERE'S GOING TO BE A MESS THERE AT THAT LITTLE INTERSECTION.
THANK YOU SIR. >> CITY ENGINEER WILL HOPEFULLY WORK THAT OUT. ANYONE ELSE.
>> MY NAME IS CHRIS] I'VE OWNED A HOUSE NEAR THE PROPOSED DEVELOPMENT SINCE 2008. GOING TO ASSUME THEY'RE GOING TO PRESS FORWARD WITH ORIGINAL INTENT THEY THEY MAY HAVE RECONSIDERED WHAT THEY CONSTRUCT THERE BUT MY CONCERN IS THE FACILITY CONSTRUCTED WILL IT HAVE INGRESS AND EGRESS TO THE NARROWER STRAIGHT ADJACENT TO THE HEDRICK CLINIC OR WILL FACILITY TRAFFIC BE SEPARATED FROM THE CURRENT PRIVATE DRIVE BEHIND THE CLINIC SO RESIDENTS USE A MORE APPROPRIATE ACU DRIVEWAY WITH EXTENDED APRON. THE DRIVEWAY NEXT TO THE CHIN SICK LOCATED A THE MIDWAY MARK BETWEEN EXISTING STOP LIGHTS SO TRAFFIC SPEED WILL ALWAYS BE HIGHEST RIGHT THERE.
REGARDLESS WHAT IS CONSTRUCTED I'D ASK STAFF TO FORMALLY SUGGEST A STUDY FOR THE SCHOOL ZONE SECTION IN ORDER TO REDUCE THE SPEED LIMIT ON THAT SECTION OF AMBLER AND PERHAPS INSTALL STOPLIGHT AT ACU THAT WOULD BENEFIT PEDESTRIANS RESIDENTS EGRESS AND BUS ACCESS TO THE STADIUM AREA.
>> QUESTIONS. AND BACK I'M REFERRING TO IS THE PRIVATE DRIVE THAT IS CURRENTLY BEHIND THE HENDRICK CLINIC AND
THE COLEMAN BANK. >> THANK YOU.
ANYONE ELSE. SEEING NO ONE I WILL CHOSE THE PUBLIC HEARING. ANY FURTHER DISCUSSION OR
MOTION. >> I'LL MOVE TO APPROVE.
>> I'LL SECOND. >> MOTION HAND SECOND.
>> AND I'D SAY TO MR. MURPHY, LIKE THANK YOU ALL FOR COMING TO THE MEETING ALL THE CITIZENS THAT CAME TWO MONTHS AGO LIKE THIS IS THE POINT OF THE PROCESS IS TO COME SAY ALL THAT TO TABLE SOMETHING TO TRY TO MAKE IT BETTER FOR THE COMMUNITY AND SO, I THINK OUR PLANNERS POINT IT'S A BETTER OUTCOME WITH A BETTER BUFFER THAN IT WOULD HAVE BEEN TWO MONTHS AGO BECAUSE YOU CAME AND SPOKE SO THANK Y'ALL VERY MUCH FOR LISTENING.
>> I JUST HAVE TO STEP OUT. >> SHE WILL BE RIGHT BACK.
>> NOW I LOST MY PLACE AND ARE WE ON 35? ZONING CASE Z 20233035 [READING].
>> WELL, I'M SO SAD EVERYBODY IS LEADING.
MY NAME IS CLARISSA PLANNER CITY ABILENE HEARING A REQUEST FOR ZONING CHANGE ZONING CASE Z-2023-33 IS JUST A REQUEST BY MR. [NAME] PROPERTIES LC REPRESENTED BY SETH MERRITT FOR THE ADDRESS OF 409 SOUTH TREADWAY BOULEVARD PROPOSE TO GO REZONE FROM HEAVY INDUSTRIAL TO LIGHT INDUSTRIAL.
AS CAN YOU SEE THIS IS A PROPERTY NEAR THE RAILROAD TRACKS ON SOUTHEAST TREADWAY AND THE CORNER OF SOUTH 14TH.
HERE IS THE ZONING MAP INDICATING THAT MOST OF THE AREA IS ZONED LIGHT COMMERCIAL AND HEAVY COMMERCIAL.
YOU CAN SEE FURTHER SOUTH ALONG SOUTH TREADWAY BOULEVARD THERE IS SOME HEAVY COMMERCIAL STARTING TO CREEP INTO THE AREA.
THESE ARE THE USES PERMITTED IN HEAVY INDUSTRIAL ZONING.
[00:50:04]
AND THESE ARE THE USES PERMITTED IN LIGHT INDUSTRIAL.WHAT THEY'RE PROPOSING TO DO HERE IS THEY'RE WANTING TO USE THE BUILDING AS A BAR AND WAREHOUSE SO THAT'S WHERE THE DOWN ZONE COMES IN. HERE ARE SOME VIEWS OF THE SUBJECT PROPERTY. AS YOU CAN SEE IT'S A SMALL BUILDING KIND OF CONNECTED TO A WAREHOUSE.
IT IS A KIND OF LIKE ODD SHAPE LOT MORE A TRIANGULAR SHAPE.
YOU CAN SEE THE PROPERTY TO THE EAST IS JUST A VACANT SPACE.
IT'S RIGHT ACROSS THE STREET. WE HAVE THAT WAREHOUSE WHERE MRS. [NAME] IS AT AND WE HAVE HEAVY INDUSTRIAL USE OF RADIATION INSPECTION ACROSS THE STREET AND ALSO TO THE SOUTH SO ANOTHER TYPE OF WAREHOUSE.
WE SEND OUT NOTIFICATIONS WITHIN A 200 FOOT BUFFER AREA.
WE HAVE NOT RECEIVED ANY IN FAVOR OR OPPOSED.
THE PROPOSED REQUEST TO HEIGHT INDUSTRIAL IS CONSISTENT WITH COMPREHENSIVE PLAN SURROUNDED USES AND ZONING GENERALLY ACCEPTED PLANNING PRINCIPLES AND CRITERIA FOR APPROVAL IN THE LDC STAFF RECOMMENDS APPROVAL I'LL BE HAPPY TO ANSWER ANY QUESTIONS
YOU MIGHT HAVE. >> QUESTIONS FOR CLARISSA.
THANK YOU. I WILL OPEN THE PUBLIC HEARING.
TWO ANYBODY LIKE TO ADDRESS THE ZONING CASE? SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING.
MOTION. FOR ANY FURTHER CONTINUOUS.
>> MOTION TO APPROVE. >> SECOND.
>> AND THE MOTION CARRIES. >> ZONING CASE Z 2023-36 . . .
CHANGE TO GENERAL RETAIL LOCATED ON THE EAST SIDE OF 5300 OF
BUFFALO GAP ROAD. >> GOOD AFTERNOON ONCE GAME MY NAME IS ADAM HOLLAND ZONING REQUEST OWNED BY PACK HARRIS EASTBOUND PRICES READY-PAC BY JACOB MARTIN THIS IS A REQUEST TO CHANGE THIS PROPERTY ZONING FROM P.D. 96-A TO GENERAL RETAIL. HERE IS AREA WHO CASE MAP SHOWING THE PROPERTY UP FOR REZONING.
HERE IS A CURRENT ZONING MAP OF THE NEIGHBORING PROPERTIES AS YOU CAN SEE JUST SOUTH OF THE PROPERTY IS ZONE RS-8.
RS-6 TO THE WEST, MORE OF PD-96 A IN ORDER OF IT AND FURTHER NORTH IS GENERAL RETAIL ZONING. ALL THIS ALSO HAS A CORRIDOR OVERLAY ZONING AS WELL. HERE ARE SOME VIEWS OF THE SUBJECT PROPERTY. YOU CAN SEE THIS IS THE STARBUCKS THAT IS BEING BUILT CURRENTLY AS WELL AS FURTHER EAST OF THE PROPERTY IS VACANT LAND.
JUST NORTH IS BEING USED FOR A GOLDEN CHICK AS THE HENDRICK IS JUST ACROSS THE STREET ON BUFFALO GAP ROAD.
HERE ARE THE PERMITTED USES IN GR ZONING.
STAFF IS RECOMMENDINGER WHO INTENSITY TO N.R. ZONING FOR MOST OF THE PROPERTY. HERE IS THE PROPOSED STAFF RECOMMENDATION. STAFF PROPOSES TO LOT 203 TO BE REZONED TO GENERAL RETAIL WITH LOT 202 AND LOT 206 TO BE LOWER AT N.R. NEIGHBORHOOD RETAIL ZONING.
WE SENT OUT NOTIFICATIONS AND WITHIN THAT 5 DAYTIME FRAME, DEADLINE, FOR RECEIVING NOTIFICATIONS WE RECEIVED ONE IN FAVOR THREE OPPOSED. WE HAVE RECENTLY RECEIVED MORE OPPOSITION FROM THE SURROUNDING NEIGHBORS.
IT IS A PRETTY SUBSTANTIAL NUMBER.
THE PROPOSED REQUEST FOR G.R. IS INCONSISTENT WITH THE COMPREHENSIVE PLAN VOWING USE AND ZONING PARTICULARLY ON REAR HALF OF THE SITE GENERALLY ACCEPTED PLANNING APPROVES AND REQUIREMENT FOR APPROVAL, THE DOWN ZONING IS CONSISTENT WITH THE SECONDARY USE RECOMMENDATION IN THE PLAN AND WOULD SATISFY CRITERIA FOR APPROVE. STAFF RECOMMENDS APPROVAL ON LOTS 202 AND 206. I'D BE HAPPY TO ANSWER ANY
QUESTIONS. >> CAN YOU GIVE A BRIEF OVERVIEW
[00:55:04]
OF WHAT PD-96 A SAYS? >> IT'S A COMMERCIAL TYPE OF PLAN DEVELOPMENT. IT ALLOWS FOR SOME LOWER INTENSITY TO MILD INTENSITY USES, SUCH AS RESTAURANTS STANDARD RESTAURANTS IN THE FRONT.
MORE IN THE CORRIDOR OVERLAY AS WELL AS OFFICES THROUGHOUT THE PEEDEE AND LOWER INTENSITY FAMILY RESIDENTIAL AS WELL
THROUGHOUT THE P.D. >> SO IT DOES ALLOW SOME YOU
IT IS PRIMARILY A COMMERCIAL USE DISTRICT WITH EXCEPT HOUSED USES
OF MULTI-FAMILY AS WELL. >> I MEAN WHEN THERE'S A P.D., IT'S BROEKD ENDOWN, THIS AREA CAN BE THIS OR THAT.
WAS IT COMPREHENSIVE? >> IT DID NOT HAVE A BASE ZONING IN THE PROPERTY. JUST LIST ED OUT USES THAT WERE PERMITTED. QUESTIONS FOR ADAM.
I'LL OPEN THE PUBLIC HEARING. YES, SIR.
>> MY NAME IS MIKE WILDER 3826 CHERRY BARK.
NOW I CAN SEE THAT MAP BETTER TRYING TO FIGURE OUT EXACTLY WHAT YOU'RE TALKING ABOUT. MY UNDERSTANDING IS THIS PARTICULAR LOT IS EAST OF THE EXISTING DENTAL BUILDING THERE.
IS THAT CORRECT? >> I THINK THE STUDIO IS IN THAT JOG TO THE NORTH AND THE TRIANGULAR SHAPE.
CAN YOU GET SOMEONE TO TAKE OVER S
SAGE. >> IF BUFFALO GAP ROAD IS HERE, YOU'VE GOT THE NEW GOLDEN CHICK HERE, YOU'VE GOT A NEW STARBUCKS BEING BUILT NEXT TO IT AND WHERE YOU'RE TALKING ABOUT,IS BACK
BEHIND ALL OF THAT. >> FROM WHAT I UNDERSTAND FOR PROPOSAL BUSINESS WILL BE A RESTAURANT.
WHICH WILL REQUIRE A GREASE TRAP.
WE NOW HOW BAD GREASE TRAPS CAN SMELL.
THE WIND IS GOING TO BLOW ANY OF THAT SMELL FROM THE RESTAURANT RIGHT INTO MY NEXT DOOR NEIGHBOR'S BACKYARD.
I'M NEXT DOOR TO HIM FURTHER TO THE NORTHEAST I GUESS.
CHERRY BARK IS A CUL DE SAC KIND OF STREET.
WE ARE AT THE END OF THAT. SO THIS PLACE IS GOING RIGHT BEHIND OUR HOUSES. MY HOUSE I WALK OUT THE BACK GATE TO THE DONUT SHOP. I DON'T DO THAT REALLY, BUT THAT'S WHERE I AM. AND WE'VE ALREADY HAD PROBLEMS WITH THE WALGREEN'S ON THE CORNER WITH TRASH AND EVERYTHING BLOWING IN. YOU'RE GOING TO EXACERBATES THE TRAFFIC PROBLEM THERE AND THE ONLY THING I WOULD VOTE FOR IN THAT AREA WOULD BE SOMETHING LIKE OFFICE BUILDINGS WHERE A DOCTOR'S OFFICE OR SOMETHING LIKE THAT WHERE IT'S GOING TO BE DAYTIME USE ONLY TRAFFIC MINIMIZED AND YOU WON'T HAVE PEOPLE COMING OFF BUFFALO GAP ROAD TRYING TO GET BACK THERE TO
>> THANK YOU. >> GO BACK TO ALLOWED USES.
[01:00:03]
>> I CAN TELL YOU IT'S NOT. THE BACK HALF OF THAT LOT HE'S TALKING ABOUT IS DECEMBER FADE FORWARD EDUCATIONAL TYPE USES.
THERE'S A LIST OF 7 OR 8 USES. >> UNDER THE P.D.
HELLO. >> I'M HERE TO SPEAK IN OPPOSITION TO THE THREE W BRANDS REQUEST FOR THE ZONING OF THE AND ABERS AND P.D. 96-A TO GENERAL RETAIL.
AS SEVERAL MEMBERS THAT DIDN'T SHOW UP HAVE EXPRESSED, THIS MEETING COULD BE KIND OF SIMPLE ACTUALLY.
PNZ HAS ALLOWED TWO PLANNING AND, P ADAM Z HAS ALLOWED TWO RETAIL ESTABLISHMENTS TO BUILD AND OPERATE IN CLEAR BLATANT VIOLATION OF THE P.D. 96-A ZONING RESTRICTIONS, WHICH THIS COMMISSION WROTE AND PLACED INTO LAW.
THAT THE JUST AMAZING. TO RECTIFY THE SITUATION GOLDEN CHECKS AND STARBUCKS COULD LEGALLY BE REQUIRED TO CEASE OPERATIONS OR BUILDING UNTIL A REASONABLE SOLUTION IS REACHED.
HOWEVER, THREE W EVIDENTLY WAS NOT TOO WORRIED ABOUT GOLDEN CHICK GETTING INTO TROUBLE BECAUSE IT WASN'T INCLUDED IN
THE ZONING REQUEST. >> HOWEVER, STARBUCKS IS NOT EVEN TO THE DRIVE IN SPACE AND THEY COULD EASILY BE DISHANDLED AND ALL THE HOLES FILLED IN, AND THE NEW SIDEWALKS THAT ARE THERE, THEY COULD STAY. THEY'VE BEEN IN CITY BUDGET FORWARD FIVE YEARS. PUT THIS BRINGS TO US THE MAIN POINT. WE CAN HIREDLY FIX ALL YOUR PAST SINS BY REZONING P.D. 96-A TO GENERAL RETAIL.
BY DOING SO THAT WOULD LEGITIMIZE STARBUCKS AND THEY COULD RESUME CONSTRUCTION. BUT AT WHAT COST? I ASSUME YOU'VE LOOKED AT THE PERMITTED USES IN RETAIL ZONING.
THEY RANGE FROM TATTOO PARLOR AND WELL OKAY.
YOU DID MENTION THAT SOME OF IT HAD BEEN REZONED OR RETHOUGHT TO A NEIGHBORHOOD RETAIL OR SOMETHING LIKE THAT.
BUT IF YOU LOOK AT THE MATRIX, THE PERMITTED USES ARE ALL THE SAME. OFFICE, GENERAL OFFICE, YOU KNOW, ALL THAT. AND THEY RANGE FROM TATTOO PARLORS TO EYE TIN RENT BUSINESSES YOU CAN PUT OIL AND GAS WELLS THERE. I ON IT OUT THE EXTREMES TO EMPHASIZE A FEW POINTS. IT'S GOES TOSS CAUSE SOUND AND LIGHT POLLUTION. IT'S SOMETHING ABOUT TO GO OFF
HERE. >> I'LL GIVE YOU THREE MORE
MINUTES, SIR. >> I CAN A FEW MORE SECONDS, IF POSSIBLE. AND WE WOULD LIKE TO KEEP IT THE WAY IT, PLANNED DEVELOPMENT AND SO THAT YOU WOULD HAVE MORE OFFICE PROFESSIONAL TYPE BUILDINGS.
THE APPROVAL FOR STARBUCKS IS PROBABLY GOING TO GO THROUGH THE WAY THIS COMMISSION THE WAY THE COUNCIL HAS HANDLED THINGS BUT YOU COULD MAKE A FEW CONCESSIONS FOR THE RESIDENT TAXPAYERS WHICH YOU SUPPOSEDLY PROTECT THROUGH THIS COMMISSION, REMOVE THE ACREAGE ADJACENT TO THE TO THE STARBUCKS, LEAVE THAT, PLAN DEVELOPMENT, INDIRECT A 20 FOOT , SOUNDPROOF WALL THE LENGTH OF THE STARBUCKS PLANT.
TO PROTECT AGAINST ANY NOISE POLLUTION. THERE YOU HAVE IT.
>> I WILL SEE WHO ELSE WANTS TO TALK AND YOU CAN COME BACK UP AFTER EVERYBODY GETS A CHANCE FOR ANYONE ELSE?
>> GOOD AFTERNOON , PROPERTY AGENT FOR THE PROPERTY OWNER.
THIS KPEDI WAS PUT IN PLACE PRIOR TO 2008 WHEN IT WAS ADOPTED . AS YOU KNOW IN THE LDC, THERE WAS A GREAT DEAL OF TIME AND EFFORT PUT TOWARD THE STANDARD ZONING. TODAY'S REQUEST IS NOT AN ATTEMPT TO
[01:05:03]
ADD SUBSTANTIALLY MORE USES , IS NOT AN ATTEMPT TO BRING IN SOMETHING DIFFERENT THAN WHAT IS CURRENTLY PLANNED. IT IS AN ATTEMPT TO CLEAN UP WHAT REALLY IS A POORLY WRITTEN KPEDI . YOU HAVE SEEN SOME OF THESE, YOU HAVE BEEN ON THE PLANNING COMMISSION . IT HAS WORDS LIKE, OR OTHER SPECIAL USAGE WRITTEN WHEN THIS IS KPEDI. YOU KNOW, OUR REQUEST IS FOR GENERAL RETAIL FOR THE ENTIRE TRACT AND WE ARE NOT AVOIDING ANY OF THE PROPERTIES , THAT MY CLIENT OWNS TODAY.I DO THINK THAT THE EAST , EASTERN HAVE FOR THE EASTERN THIRD , WHERE THAT PROPERTY SURROUNDING ON THREE SIDES IS RESIDENTIAL, I THINK MOVING THAT TO A NEIGHBORHOOD RETAIL IS APPROPRIATE . AGAIN, GOING BACK TO WHAT I SAID WHEN I STARTED. WE WROTE NEIGHBORHOOD RETAIL A NEIGHBORHOOD OFFICE FOR THIS EXACT REASON, THIS EXACT LOCATION FOR THESE USES. THEY LINE UP VERY CLOSELY TO WHAT THE KPEDI CURRENTLY HAS. THEY ARE SIGNIFICANT BUFFERING REQUIRED , WHEN YOU DEVELOP IN OUR ADJACENT RESIDENTIAL , MORE SO THAN WHEN YOU DEVELOP NEXT ANOTHER GENERAL RETAIL.
BUFFALO GAP AS YOU ALL KNOW, ALL OF THESE CASES ARE STRUGGLING. ANY TIME THAT I AM HERE REPRESENTING ONE, IT HAS BEEN CHANGING OVER TIME. OBVIOUSLY THEY ARE A VERY ESTABLISHED, AND ESTABLISHED NEIGHBORHOOD TO THE SOUTH. I DO THAT REZONING THIS PROPERTY TO GR FROM THE FRONT TWO THIRDS AND FOR THE BACK THIRD, AND I'M USING THIRDS, BECAUSE I FEEL LIKE THAT NEEDS TO LINE UP WITH WHERE WE ARE BORDERED ON THREE SIDES BY RESIDENTIAL . BUT BECAUSE OF THE BUFFERING REQUIREMENTS , BECAUSE OF ALL THE USES , RETAIL HAD BEEN ADDED TO GENERAL RETAIL. I THINK IT'S APPROPRIATE FOR DISLOCATIONS. WE DO ASK FOR YOUR SUPPORT . ? SO YOU ARE OKAY WITH THE WAY IT IS SHOWN HERE ON THE MAP?
>> I'M NOT. IT WOULD BE WHERE WE ARE ABUTTED TO RESIDENTIAL ON THE NORTH. CUL-DE-SAC CHERRY , CHERRY BARK -- . SO THE RETAIL IS EXTENDED SOUTHTHE RETAIL EXTENDED TO MATCH THAT LINE . THAT WAS OUR ORIGINAL REQUEST, BUT AFTER HEARING THE RESIDENCE , I DO THINK IT IS A PRO FOR THAT TO BE NEIGHBORHOOD RETAIL AND NOT GENERAL .
>> OKAY. ON THE LOT 206 IN OUR YOU WOULD WANT THAT LINE THAT'S GOING NORTH TO SOUTH, BUT JUST KEEP GOING ALL THE WAY
TO TOUCHING THE TOP PART? >> AND THEN SLIDE IT WEST JUST TO HEAR TO THE ALLEY. THE WEST VALLEY OF CHERRY BARK.
>> EVEN THOUGH THAT PART, THE PART THAT YOU HAVE -- YOU KNOW AND ONE THING , I HAVE HAD CONVERSATIONS WITH STAFF AND I WOULD LOVE FOR YOU TO ASK THEM THEIR THOUGHTS , BUT THE IMPRESSION I GOT IS AGAIN , WHAT I SAID EARLIER ABOUT THE PD . IT MAKES IT DIFFICULT TO READ DISTRICT WHEN IT HAS WORDS SUCH AS , OR OTHER SPECIAL USES FOR YOU GUYS TELL ME WHAT THAT MEANS. I MEAN, I GUESS THAT COULD BE ANYTHING. FROM THAT PERSPECTIVE, I THINK DOWN SOMETHING.
>> YES, MISTER WILDER? >> I GUESS, GENTLEMEN BROUGHT UP A POINT I HAVE FORGOTTEN ABOUT.
>> ARE YOU GOING TO HAVE TO LEAVE?
>> -- CHILDCARE? >> OKAY, ALL RIGHT.
THANK YOU GO AHEAD. >> THE BIGGEST CONCERN I HAVE , BASED ON WHAT HAS HAPPENED IN THE PAST BETWEEN ALL THE BUSINESSES NOW THAT ARE BEHIND OUR HOUSES IS NOISE POLLUTION.
PARTICULARLY , EVERY TUESDAY AND FRIDAY MORNING WHEN THE DUMPSTERS ARE DUMPED. AND, THEY DON'T JUST PICK THEM UP , AND
[01:10:04]
DUMP THEM AND SET THEM BACK DOWN. THEY PICK THEM UP, THEY BANG THEM TWO OR THREE TIMES AND THEN THEY SLAMMED THEM DOWN ON THE GROUND. AND THAT CAN HAPPEN ANYWHERE FROM 5:00 IN THE MORNING ON. YOU NEVER KNOW WHEN THEY ARE GOING TO BE THERE, BUT YOU CAN REST ASSURE THAT EVERY TUESDAY AND FRIDAY, YOU'RE GOING TO HEAR ALL OF THAT NOISE. SO YOU'VE GOT MORE BUSINESSES BEHIND US, I WOULD AT LEAST LIKE FOR THEM TO BE THE TYPE OF BUSINESS THAT CAN USE THE SAME GENERAL KIND OF DUMPSTERS WE USE FOR OUR HOUSES INSTEAD OF THOSE BIG , METAL ONES THAT MAKE SO MUCH NOISE.>> HELLO MY NAME IS DENISE JONES, I AM A SPOUSE OF VAN JONES AND OUR FAMILY HAS LIVED AT 3249 WOODHALL ENCIRCLE FOR ALMOST 30 YEARS . SO, WE HAVE BEEN VERY FAMILIAR WITH THAT PLAT OF LAND. ONE OF THE FIRST QUESTIONS THAT I HAVE, AND YOU MAY NOT BE ABLE TO ANSWER IF YOU WEREN'T HERE AT THE TIME, BUT ONE OF OUR BIG QUESTIONS IS , WHO LET GOLDEN SHED GOING IN , SINCE IT WAS A DIRECT VIOLATION OF OUR PDD? I MEAN, WE DIDN'T GET A NOTIFICATION, AND REQUIRED THE ZONE CHANGE, IT IS NOT A STANDARD RESTAURANT, AND I HAVE IT IN WRITING WHERE CITY MANAGER AGREED WITH THAT. IT IS NOT A STANDARD RESTAURANT. SO, NOTHING HAS BEEN REZONED, HOW DOES STARBUCKS GET -- HOW WERE THEY ABLE TO START THEIR BUILDING? IT IS IN A PBD AND IT AGAIN, IS NOT ALLOWED , IT IS NOT A STANDARD RESTAURANT. AND WHEN I BROACHED THE SUBJECT LONG BEFORE THE GROUND BROKE, THAT WE KNEW IT WAS GOING TO BE A STARBUCKS, MISTER HANNAH WROTE ME A NOTE THAT I WAS COMPLAINING ABOUT IT AND HE SAID WELL, IT MIGHT COULD QUALIFY AS A SPECIALTY STORE. WE HAVE BEEN THROUGH THE ENTIRE LAND CODE AND THERE'S NO SUCH THING AS A SPECIALTY STORE. SO, STARBUCKS IS NOT EVEN SHADED TO BE REZONED. IT IS STILL NONCOMPLIANT. WE'VE GOT STARBUCKS, WHO IS ON ITS WAY BEING BUILT, AND IT HASN'T BEEN ZONED YET. ONE CONCERN THAT MOST PEOPLE DO NOT EVEN BROACHED THIS AREA IS COMPLETELY LANDLOCKED . THERE IS ONE WAY IN, WHICH IS THE SAME WAY OUT. ONE INGRESS, SAME EGRESS OFF OF BUFFALO GAP ROAD. WHEN I SAW A PLAN , AND I KNOW IF YOU CAN, IF YOU CAN SEE WHAT I'M SAYING, BUT THE PROPOSAL IS THE SAME INGRESS /EGRESS FOR ANYTHING , ANYTHING THAT GOES IN THAT AREA.
THERE'S ONLY ONE WAY IN, AND ONE WAY OUT. THE PROPOSED PLANT THAT I SAW STARTS AT THE BACK OF WHERE STARBUCKS WOULD BE, AND, THERE IS A DRIVEWAY, I GUESS IT IS A DOUBLE DRIVEWAY AND THEN THERE IS A CIRCLE DOWN HERE THAT ANY TRAFFIC TRYING TO GET IN WILL HAVE TO GO OUT THE SAME WAY. AND, AS HE MENTIONED, THERE IS HUNDRED PLAZA, LANCASTER MEDICAL PLAZA ACROSS THE STREET AND THERE IS HOLY FAMILY CATHOLIC CHURCH, THE LARGEST. THEY HAVE ALREADY HAD TO HAVE POLICE TO DIRECT THEIR CONGREGANTS, BECAUSE IT IS SUCH A HIGH TRAFFIC AREA.
SO, MY CONCERN IS , I DON'T WANT TO EAT THE DEAD HORSE, BUT ADAM HOLLAND AND MISTER HANNAH'S CLEARLY SAID THAT THE GOLDEN TICKET IS NOT ALLOWED, STARBUCKS IS BEING BUILT IS NOT ALLOWED COME WE DON'T UNDERSTAND HOW THAT HAPPENED.
AND IN CONCLUSION, THE FAR EAST END IS A RESERVOIR. AND, IT IS WHERE COME I DON'T KNOW THE EXACT WORD, BUT THERE IS THE CONCRETE COLDER BACK THERE AND IT IS ALSO A FLOODPLAIN FROM THE FIRST INDENTION IN THERE. AND IT KIND OF CUTS A TRIANGLE ALL THE WAY DOWN. SO, I'M NOT SURE WHAT COULD BUILD IN A FLOODPLAIN AND HOW COULD WE BE IN FAVOR OF SOMETHING THAT WE HAVE NO IDEA WHAT'S MOVING IN? BUT THE TRAFFIC , THE NOISE, THE POLLUTION, THE FACT THAT WE HAVE TREASURED OUR NEIGHBORHOOD IS GOING TO BE DESTROYED UNLESS THERE IS
[01:15:04]
SOME KIND OF SOUNDPROOF THAT WOULD GO ALL , AND ACOUSTICAL SOUNDPROOF THAT WOULD HAVE TO BE ERECTED AROUND THE ENTIRE THREE ORDERING NEIGHBORHOODS. AND THAT WE HEAR EVERY -- GOES THROUGH ITS UNPLEASANT IN THE SUMMER, THEY PLAY VERY LOUD MUSIC. I THINK IT WOULD BE A DISSERVICE. I THINK THAT THE CITY , TO ME, IT WOULD SAY TO ME THAT THE CITY VALUES THAT BUSINESS OVER PRESERVING THE NEIGHBORS THAT PAY TAXES, AND VALUE OUR FAMILY QUALITY-OF-LIFE. THANK YOU.LIVE AT AND ON THE PROPERTY AT 3258 WOOD HOLLOW CIRCLE.
WHICH IS JUST BEHIND, JUST TO THE EAST OF THE SO-CALLED STARBUCKS THAT'S BEING BUILT. I WONDER HOW THEY GOT A BUILDING PERMIT FOR THAT TO BUILD THAT , IF IT IS NOT ZONE FOR WHAT THEY ARE PUTTING IN THERE?
>> WELL, DISCUSSION IS AND I'M NOT GOING TO WAIT IN THE MIDDLE OF THAT, BECAUSE THAT IS NOT WHAT WE ARE BEING ASKED ¿ MAKE THOSE USES WERE ALLOWED BECAUSE THEY DO COMPLY WITH THE
ED. >> WELL, CAN'T ARGUE THAT WITH YOU, SO ANYWAY, I DON'T WANT A STARBUCKS IN MY BACKYARD, BECAUSE IT'S GOING TO BE 20 CARS THERE ! THE MORNING UNTIL 8:00 , ALL OF THEM RUNNING. LIKE THIS GENTLEMAN HERE SAID, OVER THERE , AT THE GOLDEN CHIP, THEY DON'T SET THOSE DUMPSTERS DOWN, THEY DROPPED THEM FROM ABOUT THAT HIGH, BECAUSE IT MAKES A HECK OF A LOT OF NOISE. SO, I AM AGAINST THE ZONING CHANGE, AND I DON'T WANT THEM THERE.
LIVE AT 32 WOODWAY CIRCLE. IT APPEARS THAT THIS ZONING QUESTION HAS A LOT OF MOVING PARTS IN IT WITH CLOUDY INFORMATION AS TO ITS SCOPE. THE PUBLIC HEARING IS REQUESTING WEBER FOR A ZONING CHANGE FOR A STARBUCKS BUILDING AND PARKING LOT THAT IS CURRENTLY BEING CONSTRUCTED ON LOT 203 OF THE PROPOSAL. CURRENTLY, IT IS NOT ZONE FOR THAT ESTABLISHMENT AND IT APPEARS TO BE CONSTRUCTED -- ON THE GC PLAN. THE NOTIFICATION LETTERS WERE DATED PRIOR TO THE ACTION TAKEN BY THE PLANNING AND ZONING COMMISSION . THE LETTER WAS DATED OCTOBER 24, 2023 AND THE STAFF REPORT WAS DATED OCTOBER 25, 2023. THE NUMBER OF ACRES OF THE PROJECT ARE -- HAVE DUELING NUMBERS. THE STAFF REPORTS REQUESTS 5.04 ACRES, AND THE NOTIFICATION LETTER REQUEST 1.07 ACRES A DIFFERENCE OF 2.3 ACRES. WE DON'T UNDERSTAND WHAT THE DIFFERENCE IS . BUT AS AN OLD FARMER AND RANCHER, I CAN SEE THE DIFFERENCE. THERE WAS AN OMISSION ON THE DATE OF THE FIRST CITY COUNCIL READING LEFT OFF THE NOTIFICATION LETTER . THE LETTER ONLY MENTIONED THE SECOND READING.
THIS APPEARS TO BE AN ATTEMPT TO LIMIT THE PUBLIC COMMENT TO THE PROJECT. THIS IS NOT AN EXAMPLE OF SHARING INFORMATION FREELY. WITH THESE ABOVE LISTED AND EFFECT THAT GOLDEN CHIP WAS SAVED ILLEGAL ZONING CITATION WITHOUT A LEGAL HEARING I'M REALLY, LEARNED THAT THIS PROJECT MAY BE HEADED DOWN THE THING. ADOPTED GUIDELINES , RULES, LAWS, OR ROOT ROADMAP WHICH TREAT ALL SHAREHOLDERS WITH EQUITY. THE ABSENCE OF TRANSPARENCY DOESN'T END AND STILL PUBLIC TRUST BREEDS MISTRUST. THERE SEVERAL ITEMS THAT SEEM TO BE OUT OF THE NORM , IN GENERAL OPERATING PROCEDURE OF THE PLANNING AND ZONING COMMISSION AS WELL AS THE CITY COUNCIL. I HOPE TO HEAR IN WRITING AND UNDER THE SIGNATURE IF I MISREPRESENTED ANYTHING LISTED ABOVE. BASED ON THE CURRENT PRESENTATION OF FACTS, ON Z- 2023- 36 I URGE EVERYONE TO CONTACT THE CITY MANAGER AND ASKED TO SPEAK OF THE CITY COUNCIL AT THE FIRST AND SECOND READING OF THIS PROPOSAL. AND I YIELD MY TIME BACK.
[01:20:02]
>> HELLO. MY NAME IS GARY CLOSE THEM, I ACTUALLY DON'T BACK UP TO THIS DEVELOPMENT, BUT I DO LIVE ON 3289 WOODLAKE DRIVE , RIGHT THERE ON THE SECOND HOUSE OFF OF BUFFALO GAP REHAB THAT ISLAND IN THE MIDDLE OF THE ROAD. AND, I WAS JUST, THIS WAS JUST BROUGHT TO MY ATTENTION YESTERDAY AND I CAN UNDERSTAND AS FAR AS THE DEVELOPER WANTING MORE BUSINESSES THERE, I WAS TOLD THAT THE GOLDEN CHIP WAS NOT SUPPOSED TO BE THERE. GUYS, TWO WRONGS DON'T MAKE A RIGHT.
THAT WAS THE ORDINANCE, NO MATTER WHAT, FROM WHAT I UNDERSTAND WAS LIGHT COMMERCIAL FOR 26 YEARS. AND WHEN I HAD TO DO SOMETHING , IT WAS MY OBLIGATION TO STUDY THAT BEFORE HE DID IT. TWO WRONGS DON'T MAKE A RIGHT , TO MAKE IT TO WHERE THEY SHOULD BE ABLE TO BUILD THAT. WITHOUT THE CHANGES BEFORE HAND. WHAT I DO HAVE A PROBLEM WITH, IS YOU KNOW, I BOUGHT THIS HOUSE TWO YEARS AGO, AND THIS WAS BEFORE THE CONSTRUCTION ON BUFFALO GAP. AND, I WAS ABSOLUTELY AMAZED AT HOW MANY PEOPLE COME DOWN, TURN ON WOODLAKE, MAKE A CIRCLE AROUND THAT LITTLE ISLAND AND GO BACK, BECAUSE THEY CAN'T GET ACROSS , BECAUSE THERE ARE SO MANY PEOPLE TRYING TO TURN ON BETTIS THAT IS RIGHT WHERE THE ENTRANCE OF ALL OF THIS IS HAPPENING. YOU KNOW, UNFORTUNATELY, THIS CONSTRUCTION IS NOT BRINGING, NOR COMING DOWN TO US TO EXPOSE PROBLEMS. BUT WE HAVE SO MUCH TRAFFIC RIGHT THERE THAT IT IS ABSOLUTELY AMAZING. AND NOW IT HAS INCREASED EVEN WORSE. AND IF YOU BRING THIS, YOU KNOW, THIS IS A HIGH-TRAFFIC BUSINESS AS FAR AS LOT OF CARS COMING AND GOING. WELL, YOU ADD THAT TO THE MIX AND ALL, WHAT WE FIGHT IS SOMEBODY PEOPLE COMING DOWN AND WANTING TO TAKE A LEFT ON BETTIS COMING NORTH. THEY WANT TO TAKE A LEFT, THEY GET IN THE LANE , IN THAT TURNING BEFORE WOODLAKE. AND, I CAN'T EVEN GET IN THERE TO TURN BACK TO MY HOUSE, OKAY? BUT WHEN YOU START ADDING ALL THIS OTHER TRAFFIC, YOU MAKE THAT EVEN WORSE, YOU JUST EXPAND THESE PROBLEMS. AND I GET THE FEELING WHEN THIS WAS ORIGINALLY DEVELOPED, THERE WAS PROBABLY A REASON FOR THAT AS FAR AS SEEING LIGHT COMMERCIAL. I WOULD LIKE TO KNOW WHAT THAT IS. I WAS TOLD THAT UNITED SUPERMARKET WAS GOING TO BE PUT IN THERE AT ONE TIME, AND THAT WAS DENIED. AND THEY PULLED BACK AWAY FROM THAT, BECAUSE OF THE NEIGHBORHOOD COMPLAINING. AND, FOR WHATEVER REASON AND WAS DENIED AS FAR AS THEM BEING ABLE TO DO IT AND THEY PULLED BACK. WELL, JUST BECAUSE THEY STARTED BUILDING IT, SHAME ON THEM. THEY SHOULD HAVE DONE IT, BUT THEY SHOULD'VE DONE THEIR STUDIES BEFORE THAT. BEFORE THAT EVEN STARTED, BEFORE THEY BROKE GROUND, THANK YOU. ? I SPOKE OUT OF TURN A FEW MOMENTS AGO AND I APOLOGIZE FOR THAT.
BUT I DO HAVE THE DEFINITION OF THE PDD , AND IT CLEARLY SAYS THAT THE STANDARD RESTAURANT IS WHAT IS ALLOWED. AND WE CHECKED WITH CITY HALL, WHEN GOLDEN CHIP WAS , WE WERE NEVER NOTIFIED TO COME FOR A ZONING CHANGE. GOLDEN CHIP HAS A DRIVE THROUGH, IT HAS NO SITDOWN, YOU CAN SIT DOWN IN THERE, BUT YOU WILL NOT BE SERVED BY A WAITSTAFF. AND COME YOU MUST HAVE A MENU. AND STARBUCKS IS THAT SAME CATEGORY , SO, I GUESS MISTER ROSENBAUM, HOW DID YOU ALL
DEEM THOSE TWO BUSINESSES? >> FIRST OFF, WE DEAL WITH
ZONING. >> REPORTER: THE QUESTION BEFORE US IS TO CHANGE THE ZONING AND PD TO GENERAL RETAIL OR GENERAL RETAIL AND NEIGHBORHOOD RETAIL. AS FAR AS THE HOUSE SOMETHING GOT IN A PARTICULAR ZONE AREA --
>> BUT WHEN YOU ALL HAVE HAD TO RECOMMEND THAT IT WAS OKAY?
>> NO, WE ARE NOT INDIVIDUALLY. ONCE THE PD GETS THERE, THE STAFF IS THE ONE THAT INTERPRETS THE PD.
>> SO, I APOLOGIZE, BUT WHO SHOULD WE BE COMPLAINING TO THAT LET THOSE , LET THOSE BUSINESS IN THAT ARE IN TOTAL VIOLATION OF THE PDD ? CAN WE TALK TO?
>> AGAIN IS AN INTERPRETATION OF THE PD. IF YOUR INTERPRETATION IS A VIOLATION IT WAS THE CITY'S VIOLATION THAT IT WASN'T AN INTERPRETED VIOLATION. IT WAS ACCEPTABLE
IN THE PD. >> BUT WE CONTACTED CITY HALL WE TALKED TO PLANNING AND ZONING AND WE TALKED TO CITY COUNCIL WE TALK TO ROBERT HANNA AND HE VERY CLEARLY DATED THAT THE DEFINITION OF A STANDARD RESTAURANT IS NO
DRIVE-THROUGH. >> WE ARE NOT HERE TO ADDRESS
[01:25:04]
WHAT HAS HAPPENED IN THE PAST WE ARE HERE TO ADDRESS THE ZONING CHANGES BEFORE US TODAY.>> IS MY QUESTION. WHY AREN'T WE ALL ON THE SAME PAGE? WHY WERE WE EVEN NOTIFIED? I DON'T UNDERSTAND HOW YOU CAN INTERPRET IT ONE WAY AND IT IS RIGHT, BUT WE CALL YOUR ORGANIZATION, AND THEY SAY IS NOT RIGHT. SO, HOW DO WE KNOW? I MEAN, I KNOW YOU CAN'T ANSWER THAT, AND I AM SORRY THAT YOU CAN'T. BUT IT IS VERY DISAPPOINTING THAT WE ARE GETTING MIXED SIGNALS FROM THE VERY PEOPLE THAT YOU ARE HERE TO DO YOUR JOB, BUT YET, YOU HAVE KIND OF FAILED US OR NOT YOU PEOPLE , NOT TALKING ABOUT ANYBODY HERE PERSONALLY, BUT IT HAS FAILED OUR NEIGHBORHOOD. BECAUSE WE WERE TOLD BY EMPLOYEES IN THIS BUILDING THAT THOSE TWO BUSINESSES WERE IN VIOLATION.
SO, I DON'T KNOW WHERE TO GO FROM HERE AND I UNDERSTAND IT IS ABOUT ZONING. SO WE ARE TOTALLY AGAINST IT, THANK YOU.
I DON'T KNOW HOW TO DO THIS IN A PUBLIC FORM BUT KELLY IS IT OUR RIGHT TO -- WE'VE ONLY GOT FOUR, IS IT RIGHT TO OFFER
THE TABLE? >> IT IS UP TO YOU WHETHER YOU TABLE SOMETHING OR NOT. IT IS UP TO YOU, AND YOU KNOW, I DON'T KNOW THAT CITY STAFF ENCOURAGES YOU TO DO IT OR NOT DO IT. BUT I MEAN, YOU HAVE THAT OPTION , AND YOU HAVE
THAT OPTION. >> OKAY. I'M GOING TO OPEN THE PUBLIC HEARING TABLEAU BACKUP. YOU UNDERSTAND THE PREDICAMENT WE ARE IN HERE. SO EVERYBODY UNDERSTANDS , A ZONING CASE HAS TO HAVE FOR YES VOTES TO MOVE FORWARD THREE IS A DENIAL, EVEN IF WE VOTED TO APPROVE THE CASE AND WE ONLY HAD THREE YESES IN ONE KNOW, THEN THE CASE WOULD BE DENIED. SO, I'M MAKING AN OPTION HERE TO TABLE, BECAUSE WE HAVE IF WE HAD SEVEN PEOPLE HERE, WHICH IS A FULL PNC, FOUR BOATS WOULD MOVE THE COUNCIL REGARDLESS OF THAT. SO, BUT WE HAVE TO HAVE FOUR BOATS EVERY TIME. SO, YOU UNDERSTAND WHERE I'M AT WITH
YOU ? >> I DO AND I APPRECIATE THE OPPORTUNITY TO STAND BACK UP AND HEAR THAT. NORMALLY, I'VE HER DISCUSSION FROM THE BOARD AT THIS POINT. AND, AND ABLE TO MAKE A DECISION BASED ON THAT. AT THIS POINT I HAVEN'T HEARD ALL DISCUSS THE CASE. EVERYBODY ELSE HAS DISCUSSED IT, AND AGAIN, OBVIOUSL, IF IT IS GOING TO FAIL , I WANT TO TRY TO TABLE IT AND COME BACK AND LET'S TALK THROUGH IT AGAIN. SEVEN PEOPLE ON THIS BOARD FOR REASON. BUT, THIS ZONING REQUEST IS NOT RIGHT OR WRONG. I KNOW IT FEELS LIKE THAT TONIGHT. I GET IT. BUT, IT IS TO CLEAN. WE UNDERSTAND HERE . SO, I'M HAVE A HARD TIME ¿ I HATE TO WAIT THREE TO COME
BACK. >> LET ME CLOSE THE HEARING AND LET US DISCUSS IT.
I'M STRUGGLING WITH THIS ONE BECAUSE IT IS MORE THAN, IT'S KIND OF A COMPLICATED ISSUE. BUT PUSHING THE OTHER OUT, THE , YOU KNOW, IT GETS BACK INTO THE NEIGHBORHOOD AND I'M NOT SURE EVEN NEIGHBORHOOD RETAIL IS APPROPRIATE.
>> CAN YOU GO WITH A RECOMMENDATION FOR THE CITY
ABOUT THAT? >> TO ME IT IS PUSHING RETAIL PRETTY DEEP INTO THE NEIGHBORHOOD. IN WITH THE NRR
ZONING ON IT. >> PARDON ME WITH JUST FOUR OF US AM A PART OF ME WOULD ALSO LIKE , FOR US TO CONSIDER THE PART THAT THE CITY HAS RECOMMENDED GENERAL RETAIL.
AND MAYBE TO NOT EVEN ADDRESS THE OTHER SECTION OF THE PD.
AND, ALLOW THAT TO BE -- ALLOWED US TO TAKE THOSE PROCESSES TO COME BACK WITH THE PROPOSAL. BUT RATHER THAN TRYING TO TALK ABOUT THE WHOLE STATE OF THE LOT, TALK ABOUT JUST A PORTION THAT IS RIGHT THERE TODAY. BUT, BECAUSE I AGREE, I FEEL LIKE THERE ARE A LOT OF OTHER LOWER LEVEL ZONING THAT YOU WOULD BE MORE COMFORTABLE WITH PUT IN THE
[01:30:02]
MIDDLE OF THREE SETS OF HOUSING RESIDENTIAL HOUSING.NOW, I FEEL LIKE THAT IS DIFFERENT AND THIS IS ME, PERSONALLY I WOULD PROBABLY FEEL DIFFERENTLY IF MY HOUSE BACK UP TO STARBUCKS. I'M NOT SAYING THAT. BUT A LOT OF THAT IS ON BEFORE -- IS DIFFERENT . AND SO, THAT IS WHERE AND.
AND TO WRECKED A LITTLE BIT OF WHAT WAS RECOMMENDED -- WE DON'T GET TO ENFORCE IT, WE DON'T GET TO SAY IT, WE ARE NOT EVEN THE FINAL SAY ON IT. IT GOES TO CITY COUNCIL FOR TWO HEARINGS AND THEY PROVE THE ZONING CHANGES, OURS IS JUST A RECOMMENDATION BY FOUR VOLUNTEER ASSISTANCE TO WHAT WE TO THE BEST OF OUR APPROVAL. THAT IS THE LIMITATION OF OUR CONTROL. AND SO, I MEAN, I WAS GOING TO SAY THAT KPEDI 96 A IS CERTAINLY AGREE NEEDS TO BE CLEANED UP. IT IS CLEAR THAT THERE IS PLENTY OF ROOM FOR INTERPRETATION AND INTERPRETATION OF THE NEIGHBORS IS NOT CONSISTENT WITH THE INTERPRETATION OF THE CITY. AND IT IS GOING TO CONTINUE TO CAUSE PROBLEMS. I DO THINK WE NEED TO CLEAN IT UP. I'M NOT SURE WE HAVE THE BEST OPTION FOR THAT. AND SO, I PERSONALLY WOULD LIKE TO GIVE THE CITY ONE MORE OPPORTUNITY TO TAKE A RUN AT THIS AND MAYBE PROPOSE A LITTLE MORE CLARITY ON HOW TO CLEAN THIS UP. THAT SAID, I DO UNDERSTAND THE DEVELOPERS LEAVING THINGS HANGING . THEY'VE GOT A PROJECT UNDERWAY,
ESPECIALLY -- >> FOR ME, I'M A LITTLE CONFUSED. WHEN I ASKED ABOUT THE THE DD TODAY WE WERE ONLY
ASKED TO REZONE IT. >> WE WERE ASKED TO REZONE
THIS PORTION OF THE PD . >> OKAY, SO REZONE THIS PORTION
OF THE PD? >> I WOULD SAY THAT IN MY READING OF THE INFORMATION WE HAVE ON THAT PD , I CAN UNDERSTAND WHY THE CITY WOULD HAVE CONSIDERED THE RESTAURANTS CONSIDERABLE WITHIN THE EXISTING , I CAN UNDERSTAND THAT INTERPRETATION.
I ALSO CAN UNDERSTAND WHY THAT IS A FRUSTRATION FOR THE RESIDENT THAT IT IS BACKED UP TO.
HEARING AGAIN, YOU KIND OF HEARD WHAT I HAD TO SAY.
>> I HAVE, SO I WANT ASK THAT WE TABLE IT UNTIL WE HAVE SEVEN MEMBERS AND OBVIOUSLY IT SOUNDS LIKE WE HAVE TO GO BACK TO STAFF. AND LET'S SEE IF THEY HAVE FURTHER INPUT, YOU KNOW THE THING AND MAYBE I ASKED YOU GUYS BECAUSE THEY ARE NOT THE ONES APPROVING IT.
THEY PROVIDED THE RECOMMENDATION THE RECOMMENDATION IS RIGHT HERE. MY REQUEST IS A LITTLE DIFFERENT , AGAIN EVEN DIFFERENT FROM OUR ORIGINAL REQUEST. BUT LET ME JUST SAY THIS FOR NEIGHBORHOOD RETAIL AND NEIGHBORHOOD OFFICE WERE INTENDED REZONE IN THE MIDDLE OF THE NEIGHBORHOOD. IN THE MIDDLE. THAT'S HOW THEY WERE WRITTEN. I WOULD ENCOURAGE YOU TO GO BACK TO THE LDC, READ THE BUFFERING REPORT AND READ WHAT IS REQUIRED AND READ ALL THE RESTRICTIONS THAT APPLY TO THAT.
BECAUSE, WE ARE GOING TO BE BACK WITH SOME FORM OF IT AND I JUST WANT YOU GUYS TO KNOW WHAT I KNOW. I DON'T WANT TO MOVE FORWARD WITH A PORTION OF IT , BECAUSE WE WOULD HAVE TO SUBMIT ANOTHER $1500 FEE AND CHASE THAT DOWN. I KIND OF WOULD RATHER TAKE IT ALTOGETHER.
>> I UNDERSTAND THAT. >> AND YOU KNOW, AS Y'ALL HAVE TALKED AND WHAT I'VE HEARD ALSO WAS , I DON'T THINK WE HAVE HEARD THE APPROPRIATE APPROACH TO THIS. I DON'T THINK THE PD IS AN APPROACH. APPROACH FOR THOSE ARE FOR SPECIAL CASES , THIS IS NOT ONE OF THOSE. AND IT IS FAIRLY POORLY WRITTEN.
THAT IS THE REASON, THAT THE RESIDENTS ARE FRUSTRATED , STAFF IS FRUSTRATED YOU KNOW . BUT MY WHAT MY CLIENT IS PROPOSING IS TECHNICALLY A DOWN ZONE OR OTHER SPECIAL USES.
SO, IF MY CLIENT, YOU TABLE IT IN MY CLIENT ELECTS TO PULL IT OFF, WE ARE STAYING WITH WHAT IS THERE. AND I WOULD ARGUE IS MORE INTENSE AND LESS BUFFERED. ONE MORE THING I WILL ADDRESS BECAUSE I GOT ESTATE FOR THE OTHER ZONING , TOO, SO I DON'T KNOW I'LL GET A CHANCE TO SPEAK TO THE RESIDENCE. BUT THERE IS SOME FLOODPLAIN BACK THERE. I LOOKED AT THIS AT TIMES AND
[01:35:02]
THERE IS A DETENTION POND BACK THERE AND IT WILL REMAIN BACK THERE. IT IS GOING TO BE ALREADY SOME SIGNIFICANT, EVEN MORE SO THAN WHAT IS REQUIRED PART OF THE LDC. AS A RESULT OF ZONING BUFFERING, THERE'S GOING TO BE SOME DRAINAGE BUFFERING THAT HAS TO HAPPEN. SO I DON'T THINK THERE'S CAN BE ANYTHING THAT ENDS UP AT THE ALLEY. SO ANYWAY, THAT'S ALL I HAD I WANTED TO SHARE IT. SO I WOULD REQUEST THAT WE TABLE>> YES? >> GARY KOZAN I COULD SAY IT EVEN IF YOU DO TABLE I WOULD JUST ASK YOU TO PLEASE CONSIDER THE LOADS THAT THE BUSINESS LIKE THIS , THAT PUTS HIM BUFFALO GAP. AND WHAT WE ALREADY HAVE THERE, AND YOU KNOW, HOW IT AFFECTS US. AND THEY'VE BEEN GETTING IN AND OUT OF OUR HOUSES, YOU KNOW? AND IF THEY ARE GOING TO PROCEED WITH IT IN SOME WAY, I WOULD LOVE TO SEE TAGS DO IT THAT THEY DEVELOP IN A WAY TO ADDRESS THOSE OTHER PROBLEMS. THE NOISE , AS FAR AS THE RESIDENCE ZONING, JUST WHAT YOU DID ON MADELEINE CHRISTIAN , AS FAR AS A SOLID WALL, MAYBE THERE'S A SEVEN FOOT WALL, 20 FOOT WALL -- MAYBE SEVEN FOOT WALL OR SOMETHING LIKE THAT TO BUFFERED THE SOUND. WHATEVER IT MAY BE, I AM NOT AGAINST COMMERCIAL , BUT I AM AGAINST IT AS FAR AS YOU KNOW, THINKING AS FAR AS THE FUTURE OF WHAT IS IT GOING TO PRESENT TO US DOWN THE ROAD. AND I ALREADY SEE PROBLEMS WITH IT, EVEN BEFORE THE CONSTRUCTION. AND SO, WITH THIS, ESPECIALLY IF IT WAS FOR LIGHT CONSTRUCTION, LIGHT COMMERCIAL, AND YOU KNOW, JUST BUSINESS OFFICES AND IS IS THAT, I SEE A BIG DIFFERENCE IN THAT AND THE GOLDEN CHICK AND GOLDEN CHICK IS A BUSY PLACE, AND STARBUCKS , I SEE DOWN THE ROAD. THERE'S A LOT OF TRAFFIC COMING IN AND OUT OF BED. SO, YOU ARE JUST INCREASING PROBLEMS TO WHERE THE MORE DEVELOPMENT NEEDS TO HAPPEN BEFORE SOMETHING LIKE THAT IS THERE. -- PUT THERE.
PROBLEMS COULD BE SOLVED IF WE HAD MORE INFORMATION . RIGHT NOW, THE INFORMATION THAT IS HERE, WE DIDN'T GET. I DON'T KNOW WHERE IT CAME FROM, I GUESS IT WAS PUT IN BY THE STAFF, BUT WE DIDN'T GET THIS. WE DON'T KNOW WHERE THE LOTS ARE , WE DON'T KNOW WHERE ANYTHING ELSE IS. ALL WE GOT IS THE FACT THAT WE RECEIVED A LETTER ON WEDNESDAY, OR TUESDAY AND THEN IT WAS DUE BACK ON WEDNESDAY AS FAR AS WAS FOR OR AGAINST. AND THAT IS A PROBLEM. YOU KNOW, WHEN YOU START LOOKING AT IT , AND THINGS HAPPEN, AND YOU THINK THAT YOU ARE ALWAYS IN THE ARREARS, YOU AUTOMATICALLY THINK THERE IS SOMETHING ARBITRARY OUT THERE THAT SOMEBODY IS DOING SOMETHING THAT THEY'RE NOT SUPPOSED TO BE DOING.
YOU KNOW, IT'S KIND OF LIKE THE LETTER MENTIONED A WHILE AGO.
THE STAFF NOTES SAID THE 25TH, BUT THE LETTER WAS THE 24TH, SO IT KIND OF LOOKS LIKE THE LETTER WENT OUT BEFORE THE COUNCIL DID IT. NOW, WHETHER THAT IS TRUE OR NOT, DON'T KNOW. BUT JUST THOSE LITTLE THINGS LIKE THAT BREED DISTRUST . AND WE DON'T WANT THAT. I, PERSONALLY DON'T HAVE ANYTHING AGAINST YOU AT ALL. I JUST KNOW THAT THERE IS A LOT OF MISTRUST OUT THERE AND YOU KNOW, YOU START HEARING THINGS, AND IF YOU HEAR IT ENOUGH TIME TO GET IS TRUE. IT MAY NOT BE. SO, THE MORE INFORMATION THAT WE HAVE FROM THE STAFF , AND THE MORE INFORMATION THAT WE CAN GATHER ABOUT THE WHOLE SITUATION WOULD BE MUCH, MUCH BETTER FOR US AS RESIDENTS BUT I'M NOT SURE IT'S GOING TO CHANGE A LOT OF MINDS HAVE SOME CLOSURE.
TELL THEM WHERE THEY CAN GET THIS INFORMATION? ? ? I'M STILL VAN JONES , WE WERE UNDER THE UNDERSTANDING THAT GENERAL RETAIL HAD TO BE AT A MAJOR INTERSECTION .
>> THAT IS NOT THE CASE. IF YOU LOOK AT THE ZONING MAP UP THERE COME YOU CAN SEE GENERAL RETAIL UP AND DOWN BUFFALO GAP.
>> YEAH, I CAN SEE THAT. IT DOESN'T MEAN THEY ARE IN
[01:40:01]
>> OKAY. >> ONE THING ABOUT BUFFALO GAP IS A MAJOR THOROUGH THERE. IT IS DESIGNED TO TAKE A VOLUME OF TRAFFIC IS GOING UP AND DOWN, AND IT IS A STATE HIGHWAY. IT IS DESIGNED HAVE A LOT OF TRAFFIC ON IT.
>> OH YEAH. A LOT OF BUSINESSES TO TIE INTO IT.
>> >> THE CONCESSION THAT WAS MADE THAT WE DIDN'T GET NOTICE OF THAT , CHANGING TO GENERAL RETAIL, NO NOT GENERAL RETAIL, NEIGHBORHOOD RETAIL, IS WHAT THE GENTLEMAN SAID, IF YOU LOOK AT -- ABILENE MUNICIPAL CODE IN THE ZONING THE GOT A MATRIX IN THERE THAT SHOWS ALL THE DIFFERENT ZONING AND THAT EVERYTHING THAT IS PERMITTED.
AND NEIGHBORHOOD RETAIL, OFFICE RETAIL, JUST PLAIN OLD OFFICE , THEY ARE ALL THE SAME. YOU COULD PUT SEVERAL FAST FOOD RESTAURANTS IN A NEIGHBORHOOD RETAIL. IT SAYS PERMITTED / C, LIKE YOU HAVE TO HAVE SOME KIND OF CONSIDERATION GO ALONG WITH IT. BUT I DON'T THINK THAT IS NECESSARILY A GIFT THAT YOU HAVE GIVEN US. SO, ANYWAY -- THANK YOU. ONCE AGAIN.
>> ANYONE ELSE? I WILL CLOSE THE PUBLIC HEARING , MOTION TO
TABLE? >> SURE, I WILL MOTION THE
>> >> ALL IN FAVOR, SAY "AYE."
>> I HATE TO DRAG IT OUT FOR YOU FOLKS BUT WE ARE UNCOMFORTABLE UP HERE WITH DOING IT. AND WHAT WOULD LIKELY HAPPEN IS IF WE VOTED TO DENY , OPPONENTS ARE GOING TO GO AHEAD AND PETITION THE CITY COUNCIL ANYWAY. AND SO IT IS GOING TO MOVE TO COUNSEL. AND SO, EVEN THOUGH WE HAVE , WE MAY HAVE DENIED IT VOTED TO DENY OR PROVE IT, THEY WOULD PAY THE EXTRA FEE AND IT WOULD GO TO COUNSEL. I JUST FEEL UNCOMFORTABLE DOING THAT RIGHT NOW UNTIL WE HAVE A DEBTOR SOLUTION OFF THE CANCEL FOR THIS COMMISSION.
>> AND, MORE THAN FOUR PEOPLE.
>> IS PART AND IT REQUIRES A REBOOT BE THE SAME. IT WAS SEVEN, I WOULD FEEL -- I WOULD BE TOTALLY FINE WITH IT, BECAUSE AT LEAST IT IS A MORAL LAST YOU.
>> BANKS, BREAKFAST THE OTHER ISSUE IS THAT THERE ARE ONLY FOUR FOLKS HERE, AND IT'S GOT TO BE UNANIMOUS. I DON'T THINK THAT IS DOING SERVICE TO THE PEOPLE THAT BROUGHT THE CASE TO
>> HE DID MENTION AN INTEREST IN SPEAKING WITH YOU, SO IF YOU HAVE THE TIME AND YOU CAN AFFORD TO HANG OUT AFTER YOU FINISH THE LAST REZONING CASE, HE WOULD APPRECIATE YOUR
TOUCHING BASE WITH THEM. >> A MOTION IN A SECOND?
>> I'M SORRY, MR. BILLINGHAM , DID MENTION HE WOULD BE WILLING TO'S BEAK WITH YOU IF YOU HAD TIME TO STAY UNTIL WE FINISH UP. IT WOULD PROBABLY BE WORTH AT LEAST CONTACTING HER IT
>> DO HAVE TIME? >> A VOICE VOTE IS FINE.
>> I THOUGHT WE DID THAT. >> SEE, WHERE ARE WE NOW? I'M LOST AGAIN. WE ARE AT 15. ZONING
CASE Z-2023-37 . I, KYLIE. >> I'M KYLIE WITH THE CITY OF ABILENE I'M HERE ABOUT ZONING CASE Z-2023-37, IT IS TO REZONE A PROPER APPROXIMATELY 2.2 ACRES FROM AGRICULTURAL OPEN TO GENERAL RETAIL. 3509 BELTWAY SOUTH , I HAVE RECEIVED ZERO IN FAVOR AND ZERO OPPOSED.
THIS IS AN AREA LOCATION MAP SHOWING WHERE THE SUBJECT PROPERTY IS LOCATED.
AND, ZONING MAP SHOWING A MAJORITY OF THE SURROUNDING PROPERTIES ARE ZONED AGRICULTURAL OPEN WITH THE FEW RESIDENTIAL AND ONE NEIGHBORHOOD RETAIL.
PERMITTED USES AND AGRICULTURAL OPEN -- AND SOME PERMITTED USES IN GENERAL RETAIL.
[01:45:06]
SOME VIEWS OF THE SUBJECT PROPERTY AND THE PROPERTY SURROUNDING , THERE IS A HOUSE ADJACENT TO IT, AND THEN ONE NEXT TO IT AS WELL, IT IS ALL OPEN , LOTS OF ACREAGE OUT THERE. NOT A WHOLE LOT GOING ON DOWN THAT ROUTE.I SENT OUT A 200, MY GOODNESS, THE NOTIFICATION MAP IS RIGHT HERE.
AND , MY FINDINGS WERE THAT THE POSED REQUEST IS NOT CONSISTENT WITH THE COMPREHENSIVE PLAN FOR THE SURROUNDING USES IN ZONING AND WE GENERALLY ACCEPTED PLANNING PRINCIPLES AND THE CRITERIA FOR -- AND THE LEC. STAFF RECOMMENDATION IS APPROVAL OF DOWN ZONING TO NEIGHBORHOOD RETAIL. I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.
>> YOU WANT TO EXPAND OUT WHERE THEY ARE AT?
>> WHAT I FOUND OUT IS THAT THEY ARE WANTING TO BE ABLE TO FURTHER DEVELOP THAT PROPERTY THEY HAVE. IT IS THE SPAWN RESORT FOR PETS RIGHT NOW AND I THINK THEY'RE WANTING TO STAY WITH THAT SIMILAR USE. BUT, TO BE ABLE TO FURTHER DEVELOPMENT
TO GO ALONG WITH IT. >> OKAY. THANK YOU. PUBLIC HEARING, ANYONE WANT TO SPEAK TO THIS?
>> I HAVE GOOD NEWS I THINK THE LAST ONE IS A LITTLE BIT EASIER THAN THESE OTHER TWO. BETH YOU KNOW, FM 707 BELTWAY SOUTH IS AN EXPRESSWAY . OBVIOUSLY, IT IS ON THE FAR SOUTH END OF TOWN YOU CAN SEE ON THE ZONING MAP THERE THE GREEN, THE SOUTH END, THE DARK GREEN REP IS IN THE CITY LIMIT LINE. UP UNTIL NINE NOW IT HAS A HANDFUL OF RESIDENTIAL DEVELOPMENT , IT IS HAD SOME MORE RURAL HOUSING, WHICH I WILL SAY A BUNCH OF THAT SITS OUTSIDE THE CITY LIMITS ON THAT LONG DRIVEWAY THAT COMES BACK GOOD YOU GOT SOME SELF STORAGE, YOU GOT SOME CHURCHES, YOU GOT SCHOOLS. I THINK YOU KNOW, AND WE GOT SOME NEIGHBORHOOD RETAIL THAT WAS APPROVED NOT TOO LONG AGO ACROSS THE STREET TO THE NORTHEAST. MAYBE YOU'RE SO GO . I REMEMBER HEARING THAT CASE COME THROUGH.
I SEE 20 YEARS FROM NOW, BELTWAY BEING OF BUFFALO ROAD.
AND I SEE THAT YOU KNOW, USE THE WORD "WE," BACK IN 20,008 I HAD THE OPPORTUNITY TO SPEND AN INORDINATE AMOUNT OF TIME WORKING WITH STAFF TO BE ABLE TO SEE. SO THAT IS WHY I HAVE ALL THAT RATTLING AROUND IN MY HEAD ABOUT WHAT WERE WE TRYING TO ACCOMPLISH WHEN WE CAME TO THE STANDARD ZONING'S . BECAUSE WE KNEW PD'S WORD PROBLEM. THEY ARE GOOD IN CERTAIN SPOTS, BUT THEY DON'T NEED TO BE ALL OVER THE CITY. JUST LIKE THAT LAST CASE. BUT I BELIEVE GENERAL RETAIL IS APPROPRIATE HERE. AND STANDARD PLANNING PRINCIPLES, I THINK IT'S APPROPRIATE. I GET A LITTLE BIT FRUSTRATED WHEN I HEAR THIS DOESN'T MATCH THE COMPREHENSIVE PLAN , I DON'T KNOW THAT I FULLY AGREE WITH THAT. BUT, PROBABLY JUST A DIFFERENCE OF OPINION. I DO BELIEVE THAT GENERAL RETAIL IS APPROPRIATE.
AND YES, MY CLIENT OWNS SUITE LIFE EVER RESORT. THE BUILDING WAS ALREADY BUILT, HE REHABBED IT TO TURN IT INTO THE PET RESORT JUST SOUTH OF THE CITY LIMITS. AND HE HAS WANTED TO EXPAND . HE WANTS TO DO SOMETHING WITH THAT FRONT PORTION. I BELIEVE IT IS GOING TO BE COMPLEMENTARY. ARE WE DESIGNING SOMETHING TODAY? NO. HE IS JUST TRYING TO SEE IF HE CAN GET OUT OF THE HOLDING ZONE AND INTO SOMETHING THAT MAKES SENSE. I BELIEVE GENERAL RETAIL IS APPROPRIATE HERE.
NEIGHBORHOOD RETAIL IS A LESS INTENSIVE ZONING , BUT I THINK RIGHT HERE YOU KNOW, THAT IS GOING TO HAVE SOME LIMITATIONS ON HOURS, BUT YOU MAY NOT BE APPROPRIATE FOR THAT KIND OF USE, JUST WORRY ABOUT HAVING A NEGATIVE IMPACT ON WHAT HE'S ABLE TO DO WITH THE PROPERTY. SO, WE ASK FOR YOUR SO POOR AND I'D BE HAPPY TO ANSWER YOUR QUESTIONS.
>> ANY QUESTIONS? ANYONE ELSE?
[01:50:04]
>> I WILL CLOSE THE PUBLIC HEARING. YOU KNOW, I THINK GENERAL RETAIL IS THE RIGHT -- IT IS UNFORTUNATE THAT WE ARE IN AN -- I'M NOT SURE CALL THIS A NEIGHBORHOOD. SO, I THINK GENERAL RETAIL IS APPROPRIATE. IT'S ON A MAJOR THOROUGHFARE AND THIS IS GOING TO CONTINUE TO COME UP HERE.
WE'RE GOING TO WIND UP WITH THAT.
SO, UNLESS SOMEBODY HAS AN DIFFERENT OPINION --
>> I THINK THAT CASEY WAS REFERENCING LAST TIME WAS THE CHURCH THAT WANT TO TURN IT INTO A DAYCARE. AND I THINK WE USED SUITE LIFE AND SAYING, HEY THERE BUSINESSES THERE ALREADY ON BELTWAY. AND SO, I AGREE.
>> I MOTION TO APPROVE IT AS GENERAL RETAIL .
>> SECOND. >> THE MOTION CARRIES.
>> Z-2023-38 , A MOTION TO CHANGE THE ZONING OF APPROXIMATELY 12.97 ACRES FROM AGRICULTURAL OPEN AND GENERAL COMMERCIAL TO GENERAL COMMERCIAL.
>> HELLO, MY NAME IS CLOSER, TODAY I HAVE Z-2023-38 AND THIS IS A LITTLE BIT MORE STRAIGHTFORWARD CASE. THE OWNER OF THIS PROPERTY IS NATHAN DOLLARTON , AND THEY ARE REQUESTING TO RESEARCH THE PROPERTY THAT IS PARTIALLY ZONED AGRICULTURAL OPEN AND GENERAL COMMERCIAL. THEY WANTED TO TAKE THAT INTO GENERAL COMMERCIAL. THIS PROPERTY IS IN THE GENERAL LOCATION OF LEVEL NICE FOR 707. YOU CAN SEE THIS IS RIGHT OFF OF THE HIGHWAY 8384.
AND IT ALSO IS NEAR BELTWAY SOUTH.
AND, YOU CAN SEE THIS IS MOSTLY ZONED AGRICULTURAL , BUT HOWEVER THERE IS GENERAL COMMERCIAL ACROSS THE HIGHWAY.
IN THIS GENERAL AREA , AND THE INTERSECTION OF VERSE 707 IS WHERE WE ARE GOING TO HAVE THAT NEW FIRE STATION GOING UP. RIGHT NOW, IN THIS GENERAL AGRICULTURAL OPEN LOT THAT THEY ARE PROPOSING TO ZONE, THERE IS A RESIDENCE , I AM UNSURE IF THERE ARE PEOPLE OCCUPYING THE PROPERTY OR NOT.
THESE ARE THE PERMITTED USES THAT CURRENTLY ARE ALLOWED .
AND THIS IS WHERE THEY ARE REQUESTING TO REZONE TO GENERAL COMMERCIAL. YOU CAN SEE SOME IMAGES HERE OF THE SUBJECT PROPERTY . THERE IS A LARGE TANK IN THAT AREA WHERE IT IS CURRENTLY JONES ZONED COMMERCIAL. MOST OF IT IS OPEN LAND. MOST OF THE BUSINESSES TAKE PLACE ACROSS THE HIGHWAY. WE SENT OUT NOTIFICATIONS AND WE DIDN'T RECEIVE ANY IN FAVOR, OR POSED. THE PROPOSED REQUEST FOR GENERAL COMMERCIAL REZONING IS CONSISTENT WITH THE SURROUNDING USES , GENERALLY ACCEPTED PLANNING PRINCIPLES. AND THE CRITERIA LAND DEVELOPMENT CODE. IT IS NOT CONSISTENT WITH THE COMPREHENSIVE PLAN, BUT I THINK YOU COULD CONSIDER MOSTLY WHAT'S THERE BEING AGRICULTURAL. WITH THAT BEING SAID, STAFF RECOMMENDS APPROVAL AND I'D BE HAPPY TO ANSWER ANY
QUESTIONS YOU MAY HAVE. >> QUESTION FOR CLARISSA?
>> YOU MENTIONED THAT THERE IS A RESIDENCE ON THIS POVERTY.
IF WE REZONE THIS , WILL BE ALLOWED TO BE A RESIDENT?
>> ACTUALLY, RESIDENCE IS USED FOR GENERAL COMMERCIAL.
WILL, IT ISN'T. I DIDN'T ASK THE APPLICANT WHAT THEY ARE PROPOSING TO DO THAT, I JUST WANT TO MENTION THAT IT IS A
RESIDENCE ON A LOT. >> DENOTE THE APPLICANT OWNS
>> ANY MORE QUESTIONS? >> I WILL OPEN UP TO PUBLIC HEARING. THE AGENT FOR THE PROPERTY OWNER? I DIDN'T REALIZE STAFF WAS NOT GOING TO SAY THIS DOESN'T MATCH.
[01:55:06]
THE COMPREHENSIVE PLAN SHOULD SUGGEST THAT THIS GENTLEMAN IS GOING TO BE GENERAL COMMERCIAL. THIS ENTIRE CORNER IS GOING TO BE GENERAL COMMERCIAL, MAYBE GENERAL RETAIL. IN THE FUTURE, GOT SOME RURAL RESIDENTIAL, OBVIOUSLY -->> WHAT ABOUT A RESIDENCE THAT'S ON THERE?
>> SO, GC DOESN'T ALLOW RESIDENTIAL, BUT IF THERE IS A HOUSE AND CURRENTLY OCCUPIED, IT CAN BE REMAINING A RESIDENCE. THAT IS THE RULE. THE INTENT IS TO DEVELOP THE PROPERTY AND FALL , YOU KNOW. I DON'T KNOW THAT THERE'S NECESSARILY A STRONG REASON TO ASK FOR GENERAL COMMERCIAL FOR THAT ONE PIECE . WITH A RESIDENCE IS AT. OBVIOUSLY AS YOU MOVE IN THAT DIRECTION YOU GOT A RESIDENTIAL HOUSE IN THE PROPOSED FIRE STATION 9. AND THAT WILL BE UNDER CONSTRUCTION BEFORE TOO LONG. SO, IT MAY MAKE SENSE TO START A TRANSITION THERE TO GENERAL RETAIL. I DON'T KNOW IF I CAN DO THIS IN THIS MEETING, AND I'M CERTAINLY GOING TO DO IT AFTER I WALK OUT OF HERE. OUR REQUEST IS FOR GENERAL COMMERCIAL. WE ASK FOR YOUR APPROVAL BECAUSE IT IS A LESS INTENSE USE AND KELLY WOULD SAY THIS IS OKAY. BUT THAT SLIVER ON THE FAR NORTHEAST CORNER WITH A RESIDENCE IS SITTING, BUT TO START TO TRANSITION IT TO GENERAL RETAIL. SO , SINGLE-FAMILY IS ALLOWED GENERAL RETAIL. SO, THINK THAT WOULD BE A GOOD PLACE TO TRANSITION OUT OF GENERAL COMMERCIAL. OBVIOUSLY AS YOU MOVE BACK EAST, IT IS GOING TO START TO TRANSITION AND IS NOT BETWEEN THAT AND THE FIRE STATION.
SO, WE REQUEST GENERAL COMMERCIAL. IF WE HAVE TO STICK WITH THAT, WE ASK THAT YOU APPROVE THAT. WE ARE LIKELY TO ADJUST OUR REQUEST MOVING FORWARD . BUT IF YOU FEEL LIKE YOU CAN START THAT TRANSITION, AND IT IS THAT PIECE THAT STICKS OUT ON THE NORTHEAST CORNER, JUST TAKE THAT , TAKE THE SOUTHEAST CORNER AND EXTENDED STRAIGHT NORTH.
>> ONE GENERAL RETAIL LOT? >> AND MAKE THAT A GENERAL
RETAIL. >> I THINK WE PREFER TO JUST GO AHEAD AND PUSH IT IF YOU CAN MAKE THAT CHANGE?
>> HOW WE CAN MAKE IT MORE CLEAR WHEN YOU GET TO COUNSEL.
I WILL CLOSE THE PUBLIC HEARING, ANY DISCUSSION ? WE SAFELY CHANGE IT TO GENERAL COMMERCIAL AND ABLE TO
MAINTAIN THE RESIDENCE ON IT? >> YEAH.
>> I MOTION TO APPROVE. >> SECOND.
>> IN THE MOTION CARRIES. OBVIOUSLY I HAVEN'T STUDIED ENOUGH, I JUST DIDN'T COMPREHEND IT. I DIDN'T STUDY IT ENOUGH TO UNDERSTAND. SO, I'M ASKING KIND OF NOW -- I THINK IT IS APPROPRIATE TO HAVE . THE STAFF PRESENTATION , BUT I THINK I WOULD PREFER TO TABLE IT, IF THAT IS ACCEPTABLE . AND ESPECIALLY UNTIL WE HAVE MORE THAN FOUR MEMBERS TO MOVE IT FORWARD. IS THERE GOING TO BE -- IN MY OWN CASE, CAN WE
DISCUSS IT LIKE THAT? >> YOU CAN TABLE IT, BUT I WOULD LIKE STAFF , THIS COMING FROM STAFF, SO IF YOU WANT
THEIR OPINION -- >> LET ME GO AHEAD -- THE QUESTION IS, I NEED A RESTROOM BREAK, BUT I CAN HANG ON FOR 10 MINUTES SO WE CAN TAKE A BREAK.
>> IT IS IF IT IS YOUR PLEASURE TO TABLE, THAT IS
MORE YOU'RE RIGHT. >> IT IS ON THE AGENDA SO I DO FEEL LIKE WE NEED TO HAVE TO STEP REASON TATIAN AND WE NEED TO OPEN IT FOR PUBLIC HEARING. BUTTO I THINK WE CAN TURN RIGHT AROUND AND TABLE IT. SO I THINK WE NEED TO GO -- I DON'T WANT TO SAY GO TO THE MOTION, BUT WE DO NEED TO PUT ON THE AGENDA. SO, LET ME READ ORDINANCE AMENDMENT, DISCUSSION OF PUBLIC HEARING TO TAKE ACTION REQUEST FROM CITY TO MEND THE DEVELOPMENT CODE TO CREATE THE REBUILD ABI INTO OVERLAY DISTRICT TO PROMOTE INTO THIS DIVISION AND REDEVELOPMENT TARGETED NEIGHBORHOODS. YOU'RE NOT ADAM, IT'S ADAM.
[02:00:05]
COMMISSIONERS. LET ME GIVE YOU A BRIEF OVERVIEW OF WHAT WE'RE LOOKING AT HERE. WE HAVE A SECTION IN THE ORDINANCE AND THE LEC SECTION 2.3 .43 THAT , IF YOU ASK ANYBODY ON THE STREET WHAT IS THE NAME OF THE CONSERVATION OVERLAY DISTRICT, THEY ALL LOOK AT YOU LIKE CAME FROM MORRIS. NO ONE HAS EVER USED THIS DISTRICT THAT IT WAS PUT IN FOR VERY GOOD REASON.ORIGINALLY , IF YOU LOOK AT THE LANGUAGE IN THAT SECTION, 2010 IS WHEN IT WAS CREATED. THE GOAL OF THAT DISTRICT WAS TO MAINTAINTHE CHARACTER OF THE ORIGINAL DEVELOPMENT PATTERN AND THE ORIGINAL CITY NEIGHBORHOODS THAT SURROUNDED THE CBD. GREAT PURPOSE, GREAT GOAL. SINCE 2010 NO PROPERTY HAS BEEN ZONED IN CO, SO YOU CAN INCLUDE THAT IT PROBABLY HASN'T RECEIVED AND ITS OBJECTIVES, AND IF YOU LOOK AT THOSE REGULATIONS, WHICH IS ACTUALLY NOR STAF REPORT, I THINK YOU CAN PROBABLY FIGURE OUT WHY. FIRST OF ALL, THERE ARE NO BOUNDARIES, IT'S KIND OF A NEBULOUS AREA THAT DEPENDS ON PROPERTY OWNERS COMMIT TOGETHER AND JOIN FORCES TO REZONE PROPERTIES THAT RIGHT NOW ARE PROBABLY ZONED RS 6 TO ATTACH A NEIGHBORHOOD CONSERVATION OVERLY FOR THAT PROPERTY. THAT IS KIND OF BEYOND THE THINKING OF MOST PEOPLE .
I AM NOT GOING TO DO THAT TO MYSELF, OR TO MY NEIGHBORS. IF YOU LOOK AT THE STANDARDS, THEY ARE MORE ALIGNED WITH THE DISTRICT , THIS WORK OVERLAY. WE'RE TALKING ABOUT VACANT LOTS THAT WE ARE TRYING TO CREATE, TRYING TO POPULATE WITH NEW RESIDENCE AS WE ARE TRYING -- REGULATIONS ON. THIS TYPE OF REGULATIONS, THAT'S NOT VERY INTUITIVE TO WHAT I WANT TO DO WITH MY HOUSE. I WANT TO BUILD IT TO MY STANDARDS, NOT HISTORICAL STANDARDS.
THE PURPOSES SET OUT IN THE NCO WERE DIRECTLY IN ALIGNMENT WITH INFILL DEVELOPMENT WITH THE STANDARDS ARE MORE GEARED TOWARD HISTORICAL TYPE ELEMENT, WITH WHICH IS NOT REQUIRES PROPERTY OWNERS TO COLLABORATE, WHICH IS NOT EASY THESE DAYS , EVEN WITH THE BEST OF NEIGHBORS. IT REQUIRES LANDMARK SUBMISSION APPROVAL, THE PROCESS IS TIME-CONSUMING CONSUMING AND INVOLVES REZONING AND DEVELOPMENT OF LIGHT APD-TYPE DEVELOPMENT PLAN FOR THOSE LOTS. AND MOST PEOPLE, THAT IS BEYOND WHAT THEY EVER ENVISIONED TO DO WITH HER PROPERTY. IT IS JUST NOT , NO ONE HAS ASKED FOR THE REZONING AND IT'S KIND OF INDICATIVE OF WHAT PEOPLE THINK ABOUT IT. IT'S ABOUT A 4-MONTH PROCESS TO GO THROUGH ALL THAT FOR AN INFILL. WHAT THE STAFF WOULD LIKE TO DO IS REIMAGINE THIS DISTRICT AND BASICALLY REPEAL WHAT IS THERE IN THAT ORDINANCE AND REPLACE IT WITH SOMETHING THAT PROMOTES THE INFILL DEVELOPMENT. THE FIRST THING WE WANT TO DO IS ACTUALLY CREATE THE SONY OVERLAY DISTRICT. SO, BY HAVING IT THERE, PEOPLE DON'T HAVE TO REZONE THEIR PROPERTIES , IT WOULD ALREADY BE THERE. SO, IF I WANT TO DO SOMETHING WITH MY PROPERTY OR KEVIN AND I WANT TO DO SOMETHING, WE DON'T HAVE TO RELY ON SOMEBODY ELSE BEING ON THE SAME TIMEFRAME WE ARE ON.
WE ALSO LIKE TO EXPAND THE SCOPE OF IT, NOT JUST TO THE NEAR DOWNTOWN AREA, BUT ALSO TO THE BIGGER UNIVERSAL NEIGHBORHOOD NEAR ABILENE THAT HAVE THE SAME ISSUES . WE HAVE GOT PLATTED LOTS , THAT WERE PLANTED IN THE 30S AND 40S AND MAYBE BEFORE THAT THAT WERE PLANTED TO AN OLD STANDARD WITH NARROW LOTS, NARROW, DEEP LOTS THAT DON'T COMPLY WITH THE CURRENT STANDARD. ONE REASON WHY PEOPLE ARE DEVELOPING PROPERTIES AS THEY CAN'T COMPLY WITH THE CURRENT SUBURBAN STANDARD. SO WE NEED SOMETHING THAT IS MORE APPROPRIATE FOR THE TRADITIONAL NEIGHBORHOOD. SO, WE LIKE TO GET BACK TOWARD REGULATIONS THAT WILL LET THEM DO THAT.
THE HISTORIC DISTRICT IS WORKING GREAT, PEOPLE ARE VERY ENTHUSIASTIC ABOUT GOING TO THE DISTRICT PROCESS BUT THOSE ARE FOR EXISTING HOUSES THAT HAVE HISTORIC VALUE. WE DON'T NEED TO CREATE A QUASI- - TO THE CURRENT NCO . WE
[02:05:08]
NEED TO LET PEOPLE BUILD THEIR HOMES AND -- AND BRING THEM BACK TO WHAT THEY WERE WHEN THEY WERE ORIGINALLY DEVELOPED.SO, BASICALLY THE BOTTOM LINE IS THAT NUMBER FIVE IS WE WOULD LIKE TO STRUCTURE THIS WORK IN FIELD APPROPRIATION REGULATION AND WANT TO CUT DOWN THE PROCESS. YOU WANT TO BOIL DOWN THE WORK FOR PERSONS TO COME IN AND SAY WHAT A BUILDING PERMIT TO BUILD THIS HOUSE. AND STAFF WOULD USE THE SITE LIKE WE DO FOR ANY OTHER HOUSE. WE APPROVE IT, AND THEY ARE OFF TO THE RACES. SO COULD BE AS SIMPLE 2-WEEK PROCESS AS OPPOSED TO FOUR-MONTH REZONING PROCESS. SO THAT IS WHAT OUR GOAL IS TO CREATE THIS DISTRICT.
I WILL TELL YOU WHERE I WENT. THIS IS KIND OF GETTING WHERE WE GOT DOWN TO 13 WHAT IS A COMMERCIAL GENERAL COMMERCIAL OR WHATEVER THAT WAS WE HAD THAT PEOPLE WANTED TO BUILD A RESIDENCE IN THERE. IS THIS HELPING THAT SITUATION?
>> NO, IT IS NOT AND I WILL TELL YOU WHY. BECAUSE IN ORDER TO CHANGE THAT SITUATION, WE WOULD HAVE TO AGREE WITH EVERYONE'S POINT OF VIEW ON THAT. THOSE NEED TO BE PHYSICALLY CHANGED FROM DC TO RS EX. AND WHEN THAT HAPPENS
THIS WOULD HELP THEM CORRECT. >> OKAY. THAT IS STEP TWO. I THINK THE CITY COUNCIL IS VERY SERIOUS ABOUT WANTING TO PROMOTE AND FILL THE DEVELOPMENT AND THAT IS STEP TWO IN THE PROCESS. YOU FIX WHAT YOU CAN, GET THIS GOING IN WE SEE HOW LONG IT GOES AND THEN STEP TWO IS THE DOWN ZONE . AND NORTH APPEAR THERE ZONED COMMERCIAL INDUSTRIAL -- I WOULD APPLY TO THEM DIRECTLY TO THE INFIELD. THIS IS ONE OF THE TOOLS THAT WE PROPOSE TO IMPLEMENT. IT IS CALLED SETBACK AVERAGING. IF YOU LOOK AT THAT, THAT'S A SIMPLE EXAMPLE, YOU HAVE A LOT OF NEIGHBORHOODS WHERE YOU HAVE A COUPLE OF HOUSES THAT ARE BUILT AND THERE IS A VACANT LOT BETWEEN THEM. AND, WHAT DO WE DO WITH THOSE LOTS? SOME OF THEM ARE UP CLOSE TO THE STREETS, SOME OF THEM ARE FURTHER PACKED, IT'S SORT LIKE A HODGEPODGE. WITH A SETBACK AVERAGING WOULD DO IS, YOU WOULD TAKE THE AVERAGE DEPTH OF SETBACK ON THE PROPERTY LINE ON BUILDING A AND BUILDING B AND THEN FIGURE OUT WHAT THE AVERAGE SET IS BETWEEN THE TWO AND YOU PUT A HOUSE THAT IS BASICALLY THE AVERAGE. SO THAT WAY, IF YOU PUSHED HOUSE BACK DEEPER THAN THE HOUSE, THEN THE NEIGHBOR LOOKS REALLY BAD AND YOU HAVE GOOD HOUSES THAT ARE SET UP CLOSE AND SOME THAT ARE FOR THE BACK. IF YOU AVERAGE THEM, IT LOOKS MORE -- YOU DRIVE DOWN THE NEIGHBORHOOD YOU DON'T SEE THOSE DIFFERENCES. AND THAT'S CAN BE SHOWN YOU AND THAT SECOND EXAMPLE , SOME ARE DEEPER, SOME ARE CLOSER. BUT WHEN YOU DRIVE THROUGH THE AREA AND YOU DO AVERAGING, IT WORKS. I MEAN, THAT'S HOW NEIGHBORHOODS WERE BACK IN THOSE DAYS, THESE WERE FORMERLY SANE SETBACK. THEY WERE THE SAME COOKIE-CUTTER SUBDIVISIONS. BY DOING THIS, IT GIVES SOME STABILITY TO GO WITH THE FLOW IT WITH HOW THAT NEIGHBORHOOD IS. AND BY DOING THAT IT ALSO MAINTAINS THE FLAVOR IN THE FABRIC OF THE NEIGHBORHOOD. WE DON'T NEED TO OPPOSE A SERVIN -- SUBURBAN STANDARD.
>> THE SECOND IMAGE COVERS A BROADER TOPIC OF SETBACK AVERAGING. THIS IS NOT FROM THE CITY, THIS IS A MAP FROM SOMEWHERE ELSE. BUT IT CREATES THE SAME ATMOSPHERE WE SEE IN ABILENE. IF YOU LOOK AT THOSE LOTS TO SEE THE NUMBERS ON THERE. YOU GOT A VACANT LOT THAT THE MIDDLE.
YOU CAN SEE HOW THE AVERAGING IS GOING TO TAKE THAT LOT.
WITHOUT THE AVERAGING, WHERE DO YOU PUT IT? YOU WANT TO FIT IN, BUT YOU DON'T WANT, YOU WANTED TO FIT IN KIND OF MAINTAIN THE FLAVOR OF THAT LOT OR HOW THOSE LOTS ARE BEING DEVELOPED A MINISTRY PARTS OF THE LOT AVERAGING HELP THAT TREMENDOUSLY. IT IS BETTER FOR THE SUB DIVIDER AND ALSO FOR THE BUILDER . IT IS BETTER FOR THE STAFFING THAT THEY CAN PUT
[02:10:05]
SOMETHING IN THAT ACTUALLY FITS AND LOOKS APPROPRIATE. THE OTHER LOT THAT I ASK YOU TO LOOK AT IS LOT 18 IS IN THE PINK AT THE CORNER OF THAT ROAD. IT IS LATE ON THAT. -- LABELED ON THAT. IN ABILENE YOU SEE A LOT OF VACANT CORNERS AND THE REASON YOU SEE THAT IS BECAUSE THE REGULATIONS, AS WRITTEN, REQUIRES 25-FOOT SETBACKS ON BOTH FRONTAGES.SO, IF YOU GOT A DINKY LOT THAT'S ALREADY NARROW, YOU TAKE 25 OUT OF IT ON THE LOT AND ON THE SIDE THERE'S NOT A LOT MORE THAT . SO BY USING THIS EXAMPLE, THE PERSON ON LOT 18 WOODLOT AVERAGE ON THE PROPERTIES THAT FACE PICO BOULEVARD IN THE PROPERTIES IN THE YELLOW WITH BENCHMARK THEIR LOTS AND SOME OTHER PROPERTIES THAT ARE ON LINDEN AVENUE. SO YOU HAVE TWO DIFFERENT AVENUES THAT WOULD FIT EACH SITUATION. WE BELIEVE THAT THE MOST COMMON USE OF THE SETBACK AVERAGING IS GOING TO BE WITH THE FRONT SETBACKS. BUT WE DO INCLUDE SIDE AVERAGING, AND REAR AVERAGING AS WELL. THOSE OPTIONS ARE AVAILABLE, BECAUSE WHAT IT IS NOT SHOWING IS IN ABILENE, WE HAVE A LOT OF ALLEYS BETWEEN THOSE NEIGHBORS AND WE DON'T HAVE LOT TO LOT BACKUPS. SO IF PEOPLE WANT TO HAVE A GARAGE IN THE BACK, THEY HAVE REAR ACCESS ONTO THE PROPERTY. THIS GIVES US IN THE NEIGHBORHOOD WAS BUILDING THE HOUSE ANOTHER OPPORTUNITY TO GO WITH THE FLOW. AND NOT PREVENT THEM FROM DOING SOMETHING. SO THIS IS TRYING TO STIMULATE -- PEOPLE TO COME UP WITH THE RIGHT IDEAS THAT THE NEIGHBORHOOD AND WILL DESTROY THE FABRIC OF HOW IT HAS BEEN FOREVER.
SO, THE TAKE AWAY IS WE WANT TO LEAVE WITH YOU IS THAT THE STANDARDS ARE VERY RELAXED. BECAUSE IF YOU LOOK AT A TABLE, JUST TO GIVE YOU AN EXAMPLE, A STANDARD RS 6 IS 12,000 SQUARE FEET . THIS WOULD ALLOW LOTS TO BE AS IS 4500 SQUARE FEET. IT LOWERS THE FRONT SETBACK, THE SITE SETBACKS IT LOWERS ALL OF THE SETBACKS. BECAUSE THEY ARE SO RELAXED, WITH THE FIRST TAKE AWAY THAT WE WANT TO LEAVE YOU WITH IS THAT VARIANCES ARE NOT REQUIRED , OR NOT ALLOWED FROM THE RELAXED STANDARDS. BECAUSE THERE'S NOWHERE ELSE TO CUT DOOR TO BE CUT ANYMORE , THE HOUSES ARE GOING TO BE TOUCHING EACH OTHER. AND THAT'S NOT WE WERE TRYING TO ACCOMPLISH WITH THIS.
LOT AVERAGING THE SETBACK AVERAGING IS THE CLASSIC TOOL BEING USED BY MOST CITIES NOT ONLY IN TEXAS BUT AROUND THE COUNTRY TO ALLOW THOSE OLD LITTLE NEIGHBORHOODS TO HAVE THEIR OWN UNIT STANDARDS. AND THEIR FLEXIBLE INFILL AND BUILDING HOMES WITHOUT BEING FORCED TO COME -- STEMS THEY CAN'T POSSIBLY COMPLY WITH.
AND THIS WOULD ONLY PERTAIN TO SINGLE-FAMILY , DETACHED RESIDENCE THAT ARE ON LEGALLY PLATTED LOTS .
WITHIN THE BOUNDARIES OF THE OVERLY DISTRICT. AND SO IF I HAVE A STANDARD LOT SOMEWHERE, I DON'T QUALIFY FOR THIS. IN ORDER TO BUILD ON THOSE LOTS IT WOULD REQUIRE SEVERAL VARIANCES FOR WHAT DEPTH . THAT IS THE TARGET WE'RE
LOOKING AT. >> BEFORE I SHOW YOU A MAP, THESE ARE THE NEIGHBORHOODS THAT WE'VE LOOKED AT MASON AND ADAM HAVE DONE A GREAT JOB OF TRYING TO LOOK TO THE INVENTORY OF WHERE WE HAVE A LOT OF ACRE LOTS, WE HAVE LOTS THAT ARE PLATTED TO COMPLY WITH STANDARDS THAT ARE DIFFERENT FROM THE CURRENT STANDARDS. THESE ARE THE NEIGHBORHOODS WE CAME UP WITH . MOST OF THEM ARE DOWNTOWN. ON THE SOUTH SIDE OF THE TRACK. BUT WE ALSO GO OUT TO SEARS ON THE WEST, HOLLY, ALAMEDA ON THE WEST, AND TO THE PASADENA STANDARD. SO IT'S A LITTLE BIT OF EVERYWHERE WHERE WE SEE THIS PROBLEM. SO WE ARE NOT JUST TARGETING THE DOWNTOWN CORE , WE ARE LOOKING AT THE BIGGER PICTURE. AND HERE'S WHAT THAT WOULD LOOK LIKE THE PLOT THAT. AND IT'S ALSO KIND OF HARD TO SEE. WE HAVE THE AREAS THAT WOULD BE AN OVERLAY HIGHLIGHTED IN BLUE. IF YOU
[02:15:01]
WERE TO START AT THE TOP OF OF INTERSTATE 20 TO SUMMIT ROAD.M THE MOCKINGBIRD. AND THEN ON THE SOUTH SIDE GO TO THE WEST , TO 14TH STREET OVER TOWARD TREADWAY . AND THEN ON THE NORTH SIDE WOULD COVER THE SAME AREA FROM MOCKINGBIRD TO TREADWAY AND THEN TAKE IT BACK TO THE NORTH WE STARTED FROM.
AND THAT'S THE AREA WHERE WE ARE SEEING THE PREPONDERANCE OF VACANT LOTS AND SO WE ARE GOING TO GIVE THEM A JUMP STOP START TO PUT SOMETHING -- UP WITH PEOPLE IN THEIR LIVING.
WE HAVE RESOURCES WE HAVE GOOD ROADS WE HAVE GOOD SANITARY, SEWER, WATER . WE HAVE SERVICES THAT ARE AVAILABLE THAT RUN TRANSIT LINES IN A LOT OF CASES.
SO, THAT IS THE IMPETUS OF HOW WE GET FROM THE OLD NCO THAT WAS LOOKING MAINLY AT THE CORE, CENTER OF THE CITY TO SOMETHING A LITTLE BIT MORE REPRESENTATIVE.
AND WE HAVE SOME RELAXED STANDARDS. SO, THAT IS WHERE WE ARE AT AND OF COURSE THE STAFF IS GOING TO BE RECOMMENDING APPROVAL. TO REPEAL THEM . AND FOR THE OVERLAY AND SO WE CAN GO RIGHT TO IT. AND THEY APPLY FOR BUILDING PERMIT AND THEN THEY ARE GONE. AND SO I WOULD INVITE YOU TO LOOK THERE'S 2 MILLION CHARTS LOOK AT.
THERE'S ONE THERE'S THE TABLE WHERE WE COMPARE I DON'T THINK WE HAVE IT . THE CHOSEN INSTRUCTION WORD SHOWS THE CURRENT STANDARDS AND RIGHT BELOW IS THE CHART THAT SHOWS THE NEW RHI PROTESTER REBUILDING IN ABILENE IS RECALLING IT. IT SHOWS THOSE STANDARDS THAT YOU CAN COMPARE WHERE WE WILL BE ABLE TO ALLOW -- IS THE SETBACK AVERAGING. AND WE THINK WE CAN SPUR DEVELOPMENT BY USING THAT, AND MAINTAIN IT. THAT IS SO IMPORTANT, WE DON'T WANT TO DO SOMETHING THAT IS TOTAL COUNTER FROM THE NEIGHBORHOOD. SO, THAT IS IT IN A NUTSHELL WHAT WE ARE LOOKING FOR.
I CAN ANSWER ANY QUESTIONS YOU MIGHT HAVE.
>> I WILL OPEN THE PUBLIC HEARING WOULD ANYONE LIKE TO ADDRESS RANDY'S COMMENTS, WITH SAME, I WILL CLOSE THE PUBLIC HEARING. AND I TRIED ABSORBING IT AND JUST DIDN'T ALL SINK IN WHEN I WAS TRYING TO ABSORB IT. SO I APPRECIATE THE STAFF .
SINCE THERE ARE JUST FOUR OF US I THINK THERE NEEDS TO BE MORE OF US APPEAR TO MOVE THAT FORWARD. SO, I THINK YOU'VE DONE SOME GOOD WORK AND I THINK IT IS SOMETHING THAT IS NEEDED, TO GO. WHEN YOU DRIVE TO THOSE AREAS --
>> MAKING IT EASIER FOR PEOPLE TO BUILD IS A GREAT IDEA.
>> I MEAN WE ALREADY HAD THE NEIGHBORHOOD POWER AND TONE.
AND THAT HELPS PEOPLE WITH REZONING AND VARIANCES. BUT THIS IS BETTER, BECAUSE IT GOES DEEPER. IT GETS INTO THAT LOT . TODAY OR NEXT WEEK, AFTER A 4-MONTH PROCESS, EVEN IF IT IS FREE. THIS IS A MUCH BETTER SOLUTION.
>> SO I WILL MOTION TO TABLE IT.
>> MOTION AND SECONDED, ALL IN FAVOR?
* This transcript was compiled from uncorrected Closed Captioning.