15. Ordinance (First Reading): Receive a Report, Hold a Discussion and Take Action on approving an Ordinance establishing the 2024 Standards of Care and Setting a Public Hearing for December 21, 2023 (Lesli Andrews)

[15. Ordinance (First Reading): Receive a Report, Hold a Discussion and Take Action on approving an Ordinance establishing the 2024 Standards of Care and Setting a Public Hearing for December 21, 2023 (Lesli Andrews)]

>> MOTION CARRIES. MOVE TO ITEM 15.

COUNCILMAN REGAN, YOU HAVE PULLED THIS ITEM?

>> YES, MAINLY DEALS WITH THE PROPOSED CHANGE.

AND THIS IS MORE OF A QUESTION FOR ROBERT.

ON THE CHANGE -- PROPOSED CHANGE WILL BE THE ADMINISTRATOR WILL MAKE VISUAL INSPECTIONS 6 THE FACILITY PACED ON THE FOLLOWING SCHEDULE. ADMINISTRATOR NOT ASSOCIATED WITH THE CITY OF ABILENE PARKS AND RECREATION DEPARTMENT WILL BE INVOLVED IN THE INSPECTIONS. AND THOSE STAY THE SAME.

THE CONCERN HERE ON MY PART WAS, IN EFFECT, WE ARE BASICALLY BRINGING IN-HOUSE THE INCHES. RIGHT NOW IT SOUNDS LIKE WE HAVE GOT -- WE PULL SOMEONE FROM A DIFFERENT CITY, I AM ASSUMING AND THEY COME IN AND DO AN INSPECTION.

WE DO SOME OUTSIDE FEEDBACK ON THAT.

AND THIS IS -- EVERY YEAR -- THE STANDARDS, YOU SAY, HAPPENS EVERY TEN YEARS AND MAKES THIS EVEN MORE IMPORTANT IF THIS IS EVERY TEN YEARS AND WE ARE BASICALLY BRINGING THAT IN-HOUSE. MY CONCERN WOULD BE WITH THE SAME THAT I HAVE WITH BUSINESS BOARDS OR CHARITY BOARDS WHERE YOU DON'T HAVE ENOUGH SEPARATION BETWEEN BOARD MEMBERS OF HOW ARE YOU GOING TO GET CRITICAL FEEDBACK FROM SOMEONE -- MAYBE THEY ARE NOT IN THE PARKS DEPARTMENT, BUT THEY ARE IN ANOTHER CITY DEPARTMENT. THEY ARE LESS LIKELY TO GIVE CRITICAL, NEGATIVE FEEDBACK EVEN IF IT IS NEEDED TO A -- TO AN ISSUE RATHER THAN IF WE ARE STILL BRINGING SOMEONE FROM ANOTHER CITY. THEY ARE MORE LIKELY TO BE OKAY GIVING CRITICAL FEEDBACK AND WITH IT BEING THIS INFREQUENT, IT SEEMS NOBODY MY OPINION MORE IMPORTANT.

DO YOU HAVE ANY THOUGHTS ON THAT, ROBERT?

>> I DO. THE TEN-YEAR COMMENT THAT THE STANDARD OF CARE STAYS UNCHANGED.

WE DO THIS EVERY YEAR. WE ADOPT THE STANDARD OF CARE EVERY YEAR. WHAT WE ARE FINDING, HARDER TO GET PARKS PEOPLE FROM OTHER CITIES TO COME AND AND DO THIS.

WHAT THE PARKS DEPARTMENT IS TRYING TO DO TO BE COMPLIANT WITH STATE LAW AND HAVE THIS REVIEW PROCESS.

NO REQUIREMENT UNDER THE LAW TO HAVE ANOTHER CITY PERSONNEL FROM ANOTHER CITY DO IT. JUST SOMEONE WHO.

>> NOT PAR OF THE CAREGIVER. THE PARKS AND RECREATION DEPARTMENT. BUT IT DOESN'T NECESSARILY MEAN THE CITY OF ABILENE HAS TO DO THIS.

LESLI, YOU MAY WANT TO COME UP TO MAKE SURE I AM BEING FACTUAL IN MY RESPONSE. WE CAN USE NOT-FOR-PROFITS AND USE A VARIETY OF PEOPLE WITHIN THE CITY OF ABILENE AS A -- AS AGREE GRAPHIC LOCATION. AND NOT NECESSARILY ON THE CITY'S PAYROLL. I CAN THINK OF THE DAY NURSERY.

I CAN THINK OF BETTY HARVICK. I CAN THINK OF UNITED WAY AND OTHER NONPROFIT ENTITIES WE PARTNER WITH REGULARLY THAT MIGHT BE INTERESTED IN HOW OUR STANDARDED CARE IS DOING BECAUSE THEY ARE A PARTNER IN THE PROGRAM.

DOES THAT MAKE SENSE? >> IT MAKES SENSE AND THAT IS THE INTENT OF THE CHANGE PAUSE IT HAS GOTTEN EXTREMELY

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DIFFICULT TO GET ADMINISTRATORS FROM OTHER CITIES TO GIVE UP A FULL DAY AT THEIR JOBS TO BE ABLE TO COME TO ABILENE.

SO WE ARE REQUESTING TO BE ABLE TO USE PEOPLE WITHIN THE CITY OF ABILENE, BUT, AGAIN, OUTSIDE THAT CAN GIVE THAT POSITIVE OR NEGATIVE FEEDBACK THAT WE ARE LOOKING FOR.

>> DO WE DO THIS CURRENTLY FOR OTHER CITIES? DOES SOMEONE FROM OUR STAFF GO DOWN A VISIT ST. ANGELO OR OTHER

CITIES? >> WE ARE THE ONLY CITY THAT

REQUIRES THAT YOU. >> MAY NOT KNOW THAT.

THIS MAY BE BEFORE YOUR TIME. WAS THERE AN ISSUE YEARS AGO THAT THE CITY SAID WE NEED THIS CHECK? WHY WAS THIS IMPLEMENT IF WE ARE THE ONLY ONE.

>> THIS DEFINITELY PREDATES ME. I DON'T EXACTLY KNOW.

MY GUESS IS GOING TO BE IN THE PAST, IN PRESIDENT PROFESSION, THIS WAS MORE AS A VISIT EACH OTHER AND THE ABILITY TO DO THAT IS GREATER AND AS THINGS HAVE CHANGED.

AS THE ENVIRONMENT HAS CHANGED. IT HAS JUST BECOME MORE DIFFICULT. I DON'T BELIEVE THAT THERE WAS ANYTHING THAT CAUSED IN TO HAPPEN IN THE PAST AS MUCH AS MORE OF A REGIONAL THING THAT WAS DONE AND OVER THE YEARS, IT HAS BECOME MORE AND MORE DIFFICULT.

>> IS THERE ANY KIND -- CIRCLING BACK WHAT WE WERE TALKING ABOUT AT THE BEGINNING. YOU ARE THERE BUT IN 20 YEARS AND 30 YEARS, YOU MAY STILL BE THERE.

YOU MAY NOT. GETTING CRITICAL OUTSIDE OPINION. IF YOU ARE DOING SOMETHING WRONG OR -- OR JUST SOMETHING HAS FLOWN UNDER THE RADAR FOR YOU, HOW COMFORTABLE DO YOU FEEL THAT SOMEONE IN ANOTHER CITY DEPARTMENT, IF WE WENT THAT ROUTE OR A CHARITY BUT SOMEONE THAT YOU -- THAT YOU IT DEAL WITH ALMOST ON THE DAILY WILL BE ABLE TO GIVE YOU CRITICAL -- FEEL COMFORTABLE GIVING YOU CRITICAL FEEDBACK OF LESLI, YOU ALL ARE SCREWING UP HERE HOW WILL THAT GO IN PRACTICAL TERMS, DO YOU THINK?

>> I THINK THE OTHER DEPARTMENT HEADS WOULD NOT HAVE A PROBLEM AT ALL TELLING ME WHERE WE ARE DEE FISH ENT.

>> I CAN CONFIRM THAT. [LAUGHTER] THEY DON'T NEED THE INSPECTION TO TELL ME THAT.

THEY WILL JUST PICK UP THE PHONE.

I THINK WE HAVE A POSITIVE RELATIONSHIP WITH A LOT OF THE PEOPLE. HERE IN ABILENE, THAT DO -- THAT COULD GIVE US A LOT OF GOOD FEEDBACK.

AND I THINK IT WILL BE BETTER, CONSTRUCTIVE CRITICISM THAT WE ARE FROM AN OUTSIDE ENTITY THAT FLIES IN, SPENDS TWO HOURS AND FLIES OUT AGAIN AND MAY NOT SEE US AGAIN OF EVER.

I THINK IT WILL PROBABLY BE BE

BETTER. >> THANK YOU.

ANY MORE QUESTIONS? AT THIS TIME, I WILL OPEN UP THE PUBLIC HEARING. ANYONE WHO WOULD LIKE TO SPEAK FOR OR AGAINST ITEM 15. PLEASE COME FORWARD AND GIVE YOUR NAME FOR THE RECORD. SEEING NO ONE.

I WILL CLOSE THE PUBLIC HEARING. IF NOT, I WILL ACCEPT A MOTION

AND A SECOND. >> SO MOVED.

>> SECOND. A MOTION BY COUNCILMAN REGAN AND

SECOND BY COUNCILMAN MCALLISTER. >> YES.

>> YES. >> YES.

[16. Resolution: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Authorizing the City Manager to Enter Into an Agreement with Freese and Nichols, Inc for a Comprehensive Land Development Code Rewrite (Robert Hanna)]

>>CLERK: MOTION CARRIES. >> NOTION CARRIES.

WE WILL MOVE TO ITEM 16 AND ASK ROBERT HANNA, CITY MANAGER TO

PRESENT THIS ITEM. >> THANK YOU, COUNCIL.

WE HAVE CONSULTANTS IF YOU HAVE QUESTIONS.

WHAT IS BEFORE YOU A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER AN AGREEMENT WITH FREESE AND NICHOLS TO BEGIN THE REDRAFTING OF OUR LAND DEVELOPMENT CODE.

OUR LAND DEVELOPMENT CODE IS THE DOCUMENT THAT GOVERNS HOW GROWTH HAPPENS IN ABILENE, TEXAS. THE PLANNING DOCUMENT, THE ZONING REGULATIONS. IT SETS FORTH PROCESSES AND PROCEDURES FOR PEOPLE TO GO FRIDAY WANT TO DO SOMETHING ON THIS PIECE OF LAND TO DO BUSINESS ON THIS PIECE OF LAND.

RIGHT NOW THE CURRENT LAND DEVELOPMENT CODE DOES NOT TALK JUST ATOPED. PREHENSIVE THAT WE- THE TWO DOCUMENTS HAVE TO WORK TOGETHER. THE COMPREHENSIVE PLAN HAS TO PRECEDE THE LAND DEVELOPMENT CODE BECAUSE IT SETS THE VISION.

THE LAND DEVELOPMENT CODE IS SET TO IMPLEMENT THE COMPREHENSIVE PLAN. AT PRESENT, THERE ARE NUMBER OF THINGS THAT WE FOUND FRUSTRATING AND DIFFICULT WITH OUR CURRENT LAND DEVELOPMENT CODE. MORE IMPORTANTLY, THE STAFF HAS TO MAKE -- WE HAVE A WHOLE BINDER -- THIS THICK -- OF INTERPRETATIONS AND DECISIONS THAT IT WAS STARTED WHEN THE CODE WAS ADOPTED. SOME OF THEM ARE REFLECTING THE VALUES OF THE COMMUNITY AND THE DEVELOPMENT PROCESSES THAT WE HISTORICALLY USE THAT THE CURRENT LAND DEVELOPMENT CODE SAY ARE NO LONGER APPROPRIATE AND HAVE NOT AFFECTED THE

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ORDINANCE. THINGS THAT NEED TO BE CORRECTED. OTHER THING IS, STAFF SHUT BE LIMITED. SHOULD NOT BE CALLING AUDIBLES EVERY PLAY. THE PLAYBOOK WILL TELL US CLEARLY WHAT WE SHOULD BE DOING OR NOT DOING.

I DON'T KNOW WHY MY REPORT JUST DIED ON ME.

HANG ON A SECOND. >> WHAT I FIND WE CAUGHT MORE AUDIBLES MORE OFTEN THAN NOT WITH THE CODE NOT SUFFICIENT TO ADDRESS. WHAT I WOULD LIKE TO BE ABLE TO DO INCIDENTER AN AGREEMENT WITH FREESE AND NICHOLS TO START THE PROCESS OF DRAFTING A NEW CODE. THE LAND DEVELOPMENT CODE SHOULD BE STRUCTURED FOR A SHARED COMMUNITY VISION THAT EXPRESSES THE COMPREHENSIVE PLAN AND IN A MANNER THAT IS PLAINLY WRITTEN AND PLAINLY UNDERSTOOD AND USE LESS DISTRICTS AS POSSIBLE AND WEST TEXAS SHOULD UNDERSTAND THE IMPORTANCE OF PRIVATE PROPERTY RIGHTS AND TO WITH THE BUILD DEPARTMENT WITH STANDARDS.

THE COMPLETE REWRITE OF THE LAND DEVELOPMENT CODE IS TO ACCOMPLISH THESE GOALS. APPOINTMENT AND DESIGNATION OF THE TECHNICAL REVIEW TEAM AND STAFF HAS IDENTIFIED SEVERAL COMPANIES THAT CAN HELP SERVE ON THAT REVIEW TEAM.

ONE IS A REPRESENTATIVE F FROM TIBBS AND TODD.

ANOTHER A REPRESENTATIVE FROM JACOB AND MARTIN.

BOTH OF THOSE FIRMS DO THE MAJORITY OF THE DEVELOPMENT WOULD, IN OUR COMMUNITY AND I THINK THEY HAVE AN IMPORTANT VOICE AT THE TABLE WE NEED TO LISTEN TO.

REPRESENTATIVE FROM CENTER REALTORS.

THEY WERE INVOLVED IN THE ORIGINAL DRAFT OF THE ORIGINAL LAND DEVELOPMENT CODE AND REPRESENT PROPERTY OWNER INTEREST AS A COMMERCIAL DEVELOPMENT REALTOR.

TWO MAYOR-APPOINTED OPPORTUNITIES.

AND THE CITY MANAGER AND DIRECTOR OF PLANNING DEVELOPMENT WILL BE THE RECOMMENDED COMPOSITION OF THIS REVIEW COMM COMMITTEE.

THIS WRT WITH FREESE AND NICHOLS IS NOT A SMALL SUM.

$4 03,000 PAYABLE OVER TWO YEARS.

WILL TAKE 18 MONTHS TO DO. DO THIS OVER TWO YEARS OF 201,500 EACH YEAR. THE SCOPE OF WORK IS ATTACHED.

A COMPLETE REWRITE AND FOLLOWS MULTIPLE COMMUNITY MEETINGS AND ZONING AND PLANNING COMMISSION AND CITY COUNCIL.

ONE OF THE REASONS WE ARE PAYING THE FEES WE ARE PAYING IS I THINK IN THE PAST, WE TRIED TO REDUCE THE COST OF THE SERVICES.

AND WE HAVE NOT BEEN ABLE TO HAVE IS THE DISCUSSIONS NECESSARY TO ENSURE THE ORDINANCE REFLECTS THE VALUES AND DESIRES OF THE COMMUNITY. WHILE YOU DO PAY A LITTLE BIT MORE FOR THOSE PUBLIC ENGAGEMENTS OPPORTUNITIES.

IT IS PART OF THE PROCESS. CONCLUDES THE STAFF'S PRESENTATION AND I WILL BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU

HAVE. >> ANY QUESTIONS FOR ROBERT?

>> JUST CURIOUS ON THE PLANNING AND ZONING COUNCIL MEETINGS.

HOW SOON WILL THE FIRST ONE OF TOSE OCCUR.

FOR EXAMPLE, THE MAYOR HAS EXPRESSED AN INTEREST IN HAVING AN EXTRA ZONING FOR DUPLEXES TO SPECIFY THAT.

SO JUST TO GET DIRECTION FROM US ON SPECIFIC THINGS THAT WE MIGHT BE INTERESTED IN CONSIDERING SO IT IS NOT AT THE LAST MINUTE GOING, OH, WAIT. NOW WE GOT TO SPEND AN EXTRA THREE OR FOUR WEEKS ADDING THAT IN.

>> LET ME GET DAVID, HEATHER OR BOTH TO COME UP AND TALK A LITTLE BIT ABOUT THE SCOPE OF WORK AND THE TIMELINES OF THE

ENGAGEMENT PROCESS. >> THANK YOU.

>> GOOD MORNING, MAYOR, COUNCIL. DAVID JONES WITH FREESE AND NICHOLS. 801 CHERRY STREET IN FORT WORTH.

HEATHER KEISTER, MY COLLEAGUE IN THE WEST TEXAS OFFICE.

HAPPY TO WORK WITH YOU GUYS AND HAVE THE OPPORTUNITY TO DO THE SUBSTANTIAL REWRITE OF YOUR LAND DEVELOPMENT CODE.

TO ANSWER THE QUESTION DIRECTLY, WE CAN TAILOR THE SCOPE TO INVOLVE CITY COUNCIL AS EARLY IN THE DISCUSSION AS POSSIBLE.

WE GENERALLY PREFER THAT RATHER THAN WORKING FOR 18 MONTHS AND THEN BRINGING YOU A FINISHED PROJECT THAT YOU ARE SCRAMBLING TO GET FAMILIAR WITH. WHAT WE HAVE WRITTEN IN THE CODE INVOLVES BOTH TECHNICAL -- WHAT WE HAVE WRITTEN IN THE SCOPE INVOLVES BOTH TECHNICAL COMMITTEE MEETINGS AND -- AND MATERIALS THAT CAN BE GIVEN TO COUNCIL SO SUR UPDATED ON WHAT IS GOING ON. WHAT WE GENERALLY DO IS DRAFT THE CODE IN WHAT WE CALL "MODULES." WE ARE NOT DRAFTING THE ENTIRE THING ALL AT ONCE.

WE ARE SETTING UP THE DISTRICTS, LAYING THE GROUNDWORK, AND TAKING WHAT YOU ALL DETERMINE FROM PRESIDENT COMPREHENSIVE PLAN THAT YOU WANT TO SEE AND SAYING HERE.

>> HOW WE ARE GOING TO LAY THAT OUT IN TERMS OF ZONING DISTRICTS IN THE CITY, THE PURPOSES BEHIND THOSE DISTRICTS.

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THAT IS RESIDENTIAL. THAT IS COMMERCIAL.

THAT IS REDUCING THE NUMBER OF DISTRICTS.

ONCE WE HAVE THAT IN PLACE, THEN WE MOVE ON TO THE NEXT MODULE WHICH IS YOUR MORE DETAILED STANDARDS THAT SAY HERE IS WHAT WE WANT BUILDINGS TO LOOK LIKE. THIS IS WHAT WE WANT LANDSCAPING TO LOOK LIKE. PARKING AND THAT KIND OF THING.

WE WILL HAVE OPPORTUNITIES AT VARIOUS STEPS IN THE PROCESS TO PAUSE AND TAKE A LOOK AT, HERE IS WHAT WE HAVE DONE SO FAR.

DO YOU LIKE IT? DO YOU NOT? WOULD YOU LIKE TO SEE TWEAKS BEFORE WE MOVE ON TO THE NEXT SET OF DETAILED STRUCTURES. THAT WAY NOT GOING BACK ON THE 11TH HOUR AND TRYING TO REWRITE A BUNCH OF THINGS THAT THE COMMUNITY AND THE COUNCIL IS NOT SUPPORT OF.

>> GREAT, THANK YOU. >> THE ONLY QUESTION I HAVE IS THE FUNDING SOURCE FOR THIS IS IDENTIFIED AS THE MINOR IMPROVEMENT FUND. THAT IF NOT USUALLY WHAT WE USE THIS FOR. CAN YOU ADDRESS THAT?

>> YEAH, THE MINOR IMPROVEMENT FUND IS MONEY THAT THE CITY -- THEY ARE REVENUES THAT WERE BUDGETED IN PRIOR FISCAL YEARS THAT WEREN'T EX-PENDED. YOU HAVE SALARY SAVINGS OR POSITIONS THAT WEREN'T FILLED. YOU HAVE SALES TAX ALLOCATIONS.

THAT WE COLLECTED MORE THAN WE THOUGHT WE WERE DURING THE BUDGET PROCESS. WE ACTUALLY PUT 5% OF SALES TAX IN THE M.I.P. TO GIVE IT IS A RENEWABLE FUNDING SOURCE AND THAT HAS HISTORICALLY SERVED AS A BUCKET OF FUNDS THAT THE COUNCIL CAN USE FOR PROGRAMS AND PROJECTS LIKE THIS THAT ARE EXPENSIVE. THAT DON'T -- IT IS ALL GENERAL FUND MONEY THAT DON'T NECESSARILY HAVE A GENERAL FUND LINE ITEM FOR THEM. WE DON'T HAVE A LINE ITEM FOR FREESE AND NICHOLS, LAND DEVELOPMENT CODE REWRITE.

WE IDENTIFIED THE FUNDING SOURCE.

THE FUNDING SOURCE COMES FROM THE M.I.P. WHICH IS A WAY TO SAY, CITY COUNCILMAN, THAT WE HAVE THE CASH ON HAND TO DO THIS. IT IS ENCUMBERED AND NOT USED FOR ANYTHING ELSE AND STAFF IS RECOMMENDING THAT WE USE THOSE

FUNDS TO FUND THIS WORK PROJECT. >> DO YOU KNOW, ROBERT, THE LAST

EDITION OF THE LDC? >> WE HAD AMENDMENTS THROUGHOUT.

BUT I WILL GET TO 2010 IS WIN IT WAS ADOPTED ORIGINALLY.

AND IT HAD BEEN SINCE THE '70S, I THINK, BEFORE THE LAST

REWRITE. >> ROBERT, HOW OFTEN -- THAT IS MY QUESTION TO PIGGYBACK ON THAT.

HOW OFTEN ARE THESE LAND DEVELOPMENT CODES UPDATED.

NORMAL 13 JEERS OR NORMALLY GO 50 YEARS.

>> DEPENDS AS LONG AS THE LAND DEVELOPMENT CODE REFLECTS THE VALUES OF THE COMMUNITY AND SERVES IT, IT CAN LAST FOREVER.

THE NINE YEARS I HAVE BEEN HERE, I HAVE NOT MET ANYBODY ON THE STAFF AND THE DEVELOPMENT SIDE THAT SAYS WE HAVE A GREAT LAND DEVELOPMENT CODE. NO ONE'S FAULT, BUT JUST AS IT IS. STRUCTURAL CONCERNS WITH IT.

WE SHOULDN'T HAVE A LAUNDRY LIST OF WHAT STAFF SAYS.

STAFF MEMBERS CHANGE. ONE OF THE BIGGEST FRUSTRATION IS THE STAFF MEMBERS CHANGE, THE INTERPRETATION CHANGES BECAUSE THE RULES ARE ALWAYS MOVING AROUND ON PEOPLE.

THAT IS NOT GOOD PRACTICE. IN THIS IS THE RULE BOOK, IT NEEDS POSSIBLE TO CLEAR AND EVERYBODY NEEDS TO BE ABLE TO FOLLOW IT. WE TALK OF THESE THINGS JUST BEFORE THE COUNCIL MEETING WHAT MAY HAPPEN TODAY.

I THINK THE -- THE LIFESPAN IS NOW THAT THE CODE IS EFFECTIVE, IT IS GREAT. MY EXPERIENCE ANYWHERE FROM 10 TO 20 YEARS IS THE LIFE OF THE CODE.

THE MORE -- THE MORE IT REFLECTS THE COMMUNITY AND THAT COMMUNITY VISION DOESN'T CHANGE THE LONGER IT GETS THAT 20-YEAR PERIOD.

>> IN 2010, DID QUESTION GO THROUGH THE SAME SES WITH THE

FIRM LIKE THIS? >> WE DID.

AND MY UNDERSTANDING AND THIS IS WHAT WAS TOLD.

WE DID NOT FUND SOME OF THE LEGWORK TO MAKE SURE WHAT WE ARE ADOPTING IS REFLECTED. AND WHEN IT ACADEMIES TO THE LEGISLATORS, Y'ALL, THE COUNCIL, AND THE P&Z, A LOT OF LAST-MINUTE LEGISLATING RATHER THAN HAVING -- ENGAGING PEOPLE EARLY ON THE PROCESS AS SHANE WAS INDICATING TO HELP AVOID

SOME OF THAT. >> ANY FURTHER QUESTIONS?

>> YEAH. I THINK SHANE ASKED A QUESTION SIMILAR TO THAT, BUT I JUST THOUGHT OF -- TO ENSURE THE TRANSPARENCY OF THAT INPUT DURING THE CODE REWRITING PROCESS. WHAT MECHANISMS ARE POSSIBLY IN PLACE TO ADDRESS SPECIFIC DISAGREEMENTS OR CHALLENGES THAT MAY ARISE DURING THE COMMITTEE MEETINGS?

>> DURING THE DISCUSSIONS? >> YES.

>> I THINK THE BEAUTY OF HAVING A THIRD PARTY DO THIS IS THEIR

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CLIENT IS Y'ALL. IT IS NOT ME.

IT IS THE CITY COUNCIL. IT IS REALLY THE COMMUNITY.

SO IF THERE IS A DIFFERENCE OF OPINION BETWEEN THE DEVELOPMENT COMMUNITY AND STAFF MEMBERS, I THINK THE CONSULTANT HAS THE OPINION TO EXPRESS THAT TO THE ELECTED OFFICIALS AND SERVE IN THE CAPACITY THAT THEY ARE APPOINTED TO DO IN THE CASE OF THE P&Z. MY CHARGE OF THE CONSULTANT TO HAVE NO FEAR. I FULLY EXPECT FOR STAFF TO SAY WE WANT THIS AND THE COMMITTEE WANTS THIS.

OUR RECOMMENDATION IS THIS. YOU NEED TO CHOOSE TO REFLECT AN OUTCOME THAT YOU WANT. THIS IS THE LAND DEVELOPMENT CODE FOR OUR COMMUNITY. NOT WHAT MR. HANNA WANTS TO SEE.

WHAT THIS COMMUNITY AND THIS COUNCIL WANTS TO SEE.

>> I THINK THAT -- THAT IS SUPER HELPFUL TO HEAR AND I WAS WONDERING. WHAT IS THE TYPICAL TIMELINE THAT THE PROCESS WOULD TAKE TO TREMENDOUS WRITE THAT PROCESS.

AND IF IT IS OVER A CERTAIN PERIOD OF TIME TERM LIMITS OR ROTATION POLICIES TO ENSURE, LIKE, FRESH PERSPECTIVES AS YOU ARE REWRITING IT IF IT IS A LONGER PERIOD OF TIME?

>> GREAT QUESTION. A DEVELOPMENT CODE DIFFERS FROM THE PROCESS THAT THE CITY JUST WENT THROUGH WITH THE COMPREHENSIVE PLAN AND A NUMBER OF IMPORTANT WAYS.

YOU CAN THINK OF IT AS, IF YOU ARE BUILDING YOUR DREAM HOME.

THE ARCHITECT GIVES YOU A VERY NICE PICTURE WHAT YOU WANT THE HOUSE TO LOOK LIKE. THAT IS YOUR COMPREHENSIVE PLAN.

THE SHUTTERERS MAY NOT BE THAT COLOR.

YOU HAVE MAY NOT HAVE THAT TREE WHERE IT IS IN THE PICTURE.

THE COMP PLAN, WE CAN GENERALLY SAY THAT IS GOING TO TAKE ABOUT 12 MONTHS. WE MAY GO BACK AND HAVE ADDITIONAL MEETINGS AND TALK TO ADDITIONAL PEOPLE, BUT GENERALLY WE ARE SETTING UP POLICY. THE DEVELOPMENT CODE.

>> LIKE YOUR KITCHEN. YOU GO IN YOUR KITCHEN EVERY DAY. USE YOUR KITCHEN EVERY DAY.

THE LIGHT SWITCHES HAVE TO WORK. OVEN HAS TO WORK.

IT IS NOT OKAY IF YOUR DISH WASHER IS IN THE BACK YARD.

YOUR DEVELOPMENT CODE NEEDS TO BE PRECISE.

IT IS THE LAW. IT GOVERNS HOW THIS IS HAPPENING. THE BENEFIT OF HOW THINGS ARE GONE IN THE CITY. I HAVE BEEN WITH FREESE AND NICHOLS A TOTAL OF TWO YEARS. AT THIS POINT, I BELIEVE WE HAVE DONE HUNDREDS OF CODES ALL THROUGHOUT THE STATE OF TEXAS.

WITH THE BENEFIT OF THAT EXPERIENCE, WE CAN SAY, I THINK IT WILL TAKE 18 MONTHS. TO YOUR QUESTION.

WHEN WE ARE INVOLVING COMMUNITY VOICES AND TRYING TO PULL TOGETHER CITY STAFF, THE DEVELOPMENT COMMUNITY, PLANNING AND ZONING COMMISSION, CITY COUNCIL AND SAY, THIS IS WHAT WE WANT OUR VISION TO LOOK LIKE ON THE GROUND, NOT JUST ON PAPER OR IN THEORY. HERE IS WHAT WE WANT TO SEE COME OUT OF THE GROUND. NOT NECESSARILY A HARD AND FAST WE KNOW IT WILL TAKE 18 MONTHS. I HAVE BEEN INVOLVED IN PROJECTS THAT POSITIONED TO TAKE 12 MONTHS AND TOOK 24 MONTHS.

NEW ISSUES THAT AROAD THAT NEEDED TO BE DEALT WITH.

IN SOME CASES WE TAKE CARE OF THAT THROUGH THE CODE REWRITE.

IN OTHER CASES, NEW STAFF INTERPRETATIONS ARE NEEDED AND DIDN'T ANTICIPATE. WE CAN ACTUALLY WORK WITH THE CITY TO DO SPOT AMENDMENTS TO THE CODE WHILE YOU ARE DOING LARGER CODE UPDATES SO YOU ARE NOT WAITING FOR SIX MONTHS TO TEN MONTHS FOR THIS NEW CODE. WE ARE ABLE TO WORK WITH Y'ALL AND SAY THIS IS SOMETHING THAT YOU CAN DO RIGHT NOW.

TAKE THIS COUNCIL. PASS AN ORDINANCE THAT WILL KIND OF GET YOU BY UNTIL WE DO THE LARGER CODE REWRITE.

WE TRY TO WORK IN AS MUCH FLEXIBILITY THAT WE CAN KNOWING THAT WE CAN'T ANTICIPATE EVERYTHING.

>> THANK YOU. >> ANY FURTHER QUESTIONS FROM

COUNCIL? >> THANK YOU.

>> AT THIS TIME, I WILL OPEN UP THE PUBLIC HEARING.

ANYONE WHO WOULD LIKE TO SPEAK FOR OR AGAINST ITEM 16.

PLEASE COME FORWARD AND GIVE YOUR NAME FOR THE RECORD.

SEWING NO ONE, I WILL CLOSE THE PUBLIC HEARING.

IF NOT, A MOTION AND A SECOND. A MOTION BY COUNCIL MCALLISTER.

A SECOND BY COUNCILMAN YATES. FURTHER DISCUSSION?

WE ARED -- READY TO VOTE. >> YES.

>> YES. >> YES.

>>CLERK: MOTION CARRIES. >> AFFIDAVIT THIS TIME I AM GOING TO CHANGE THE AGENDA AND MO OF TO ITEM 19 BECAUSE I MAY HAVE TO LEAVE EARLY DUE TO SOME CONFLICTS.

[19. Ordinance (Final Reading) Z-2023-31: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on A Request From Abilene Christian University, Represented By TJC Development And McMahon Surovik Suttle, To Amend The Terms And Conditions And Concept Plan Of Planned Development District 157 To Allow Single Family Residential Uses West Of Judge Ely Boulevard, To Reduce The Setback Requirement For Single Family Residential Uses, And To Provide A New Concept Plan. Located On The West Side 2500 Block Of Judge Ely Blvd. (Tim Littlejohn)]

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SO WE WILL NOW MOVE TO ITEM 19. AND I WILL CAN TIM LITTLEJOHN, DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES TO PRESENT

THIS ITEM. >>U THAT, MAYOR, COUNCIL.

UP FOR YOUR CONSIDERATION, ZONING CASE 2023-31.

THE APPLICANT IS ACU WITH 9 REPRESENTATIVE OF MCMAHON SUROVIK SUTTLE ASSOCIATES TO AMEND THE TERMS OF PLANNED DEVELOPMENT 15 7. LOCATED 2500 BLOCK OF NORTH JUDGE ELY. THE ATLIN RIDGE.

THEY ARE LOOKING TO AMEND IT TO THE WEST SIDE OF JUDGE ELY TO THAT. HERE IS THE LOCATION MAP, AND YOU CAN SEE AT THE AREA THAT IS HIGHLIGHTED -- THAT THE AMENT WILL AFFECT. HERE ARE T-- HERE IS THE CURREN ZONING MAP. HERE ARE VIEWS OF THE SUBJECT PROPERTY. HERE IS A SIMILAR ACTIVITY, SENIOR DEVELOPMENT OF DEVELOPMENT THAT IS PROPOSED IN THE FUTURE FOR THIS AREA. HERE IS THE AMENDED CONCEPT PLAN. WHAT THEY ARE DOING IS AMENDING THE CONCEPT PLAN TO ALLOW RS-6 RESIDENTIAL TO ACT AS A BEFORE ALONG THAT NORTHERN PORTION OF THE PROPERTY.

THAT WILL ACT AS A NAT NATURAL BUFFER FOR THE INITIAL DEVELOPMENT. JUST TO BE TRANSPARENT AT FIRST, THERE WAS SOME CONCERNS FROM THE -- FROM THE NEIGHBORING PROPERTY OWNERS OF THE ALLEY. THEY WERE WORRIED ABOUT INCREASED TRAFFIC ALONG THAT ALLEY.

ACU DID TABLE THIS ITEM AND GO BACK TO THE DRAWING BOARD TO COP UP WITH THIS DESIGN THAT WILL NOT UTILIZE THAT ALLEY AT ALL.

THEY HAVE ALSO AGREED TO -- WHAT YOU CAN SEE WITHIN THE ORDINANCE, A SEVEN-FOOT SOLID FENCE ALL THE WAY DOWN THE ALLEY WITH THE LANDSCAPE BUFFER TO APIECE THAT NEIGHBORHOOD AND MAKE IT A MORE ATTRACTIVE BUFFER BETWEEN THAT DEVELOPMENT AND THE EXISTING NEIGHBORHOOD. HERE ARE THE MAJOR CHANGES TO THE CONCEPT PLAN AS DISCUSSED. HERE IS A NOTIFICATION AREA MAP.

WE DIDN'T RECEIVE ANY IN FAVOR. WE DIDN'T RECEIVE ANY OPPOSED.

THE PROPOSED REQUEST IS CONSISTENT WITH THE SPIRIT AND INTENT OF THE PD-157. IT IS CONSISTENT WITH OUR COMPREHENSIVE PLAN AND THE SURROUNDING USES AND ZONING AREA. P&Z'S RECOMMENDATION TO YOU IS THE AMENDMENT WILL BE SUBJECT TO THE AMENDED CONCEPT PLAN AND A BUFFER WILL BE AS PROVIDED ON THE CONCEPT PLAN AND WE ARE HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE.

>> QUESTIONS OF TIM? >> I HAVE ONE.

CAN YOU GO BACK TO THE SITE PLAN, THE PICTURE THAT SHOWED THE ALLEY? THE CONNECTION ON THE PICTURE 24-FOOT FIRE LANE AND BASICALLY THE ACCESS TO JUDGE ELY, IS THE PLAN TO CREATE A NEW ENTRANCE JUST SOUTH OF THE EXISTING ENTRANCE THAT GOES INTO CLOVERLEAF OR CONNECTED NORTH?

>> THERE IS AN EXISTING ENTRANCE NOW THAT SERVES THE PARKING LOT DIRECTLY TO THE WESTERN EDGE. AND THEY WILL TURN IT AROUND TO SERVE THE COTTAGES IT SHALL WHAT THEY WERE LABELED AS

COTTAGES, RS-6. >> THAT KEEPS THE TRAFFIC FROM THE NEW DEVELOPMENT SEPARATE FROM THE EXISTING ONE.

>> THAT'S CORRECT. YES, SIR.

>> THE TRAFFIC ON JUDGE ELY AND STANLER, I DON'T KNOW THE STATS BUT ON THE NEWS SAYS MORE ACCIDENTS THAN MOST INTERSECTIONS. ARE WE DOING ANYTHING OR THE DEVELOPER DOING ANYTHING TO MITIGATE -- NOT NECESSARILY THE TRAFFIC BUT SO LOW DOWN THE TRAFFIC THERE AND PUT IN EXTRA PROT PROTECTED TURN SIGNALS TO MITIGATE POTENTIALS. SPEEDING AND HIGH RISK OF ACCIDENTS THERE IN THE INTERSECTION.

>> DURING THE DESIGN PHASE SUCH AS THIS WHICH IS THE ZONING AMENDMENT, IT IS NOT REALLY DISCUSSED AT THAT TIME.

BUT WHEN THEY TURN IN THEIR SITE PLAN REVIEW, THE DRC COMMITTEE, WILL DISCUSS THOSE OPTIONS AND OUR PUBLIC WORKS DEPARTMENT WILL

ADDRESS THAT AT THAT TIME. >> THAT WILL NOT COME BACK

BEFORE THE COUNCIL? >> NO, SIR.

>> IS THAT TYPICAL FOR JUST SO THAT WE CAN MAKE AN EDUCATED

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DECISION NOW SINCE THIS IS, YOU KNOW, THE LAST TIME WE WILL SEE IS IT TYPICAL THAT THEY WILL MAKE A RECOMMENDATION THAT LOWER SPEED LIMITS THERE AND MORE TRAFFIC SIGNALS AT THAT INTERSECTION ARE TYPICAL AS PART OF A PROJECT LIKE THIS?

>> I DON'T THINK IT WOULD BE TYPICAL ACROSS THE CITY BUT CONSIDERED ON A CASE-BY-CASE BASIS.

BEING THESE ARE TWO A TER YELLS CONNECTING WITH THE EXTRA ACTIVITIES, IT IS DEFINITELY GOING TO BE HEAVILY CONSIDERED

BY OUR TRAFFIC ENGINEER. >> LASTLY, DO THOSE -- DOES THE CITY -- DO WE TAKE IT FOR AMBLER OR TXDOT.

>> I AM NOT SURE IF THAT IS TXDOT THERE AT AMBLER.

>> SOMETHING THAT THE CITY OR THE DEVELOPMENTER WILL HAVE TO WORK WITH TXDOT TO IMPLEMENT THOSE CHANGES?

>> YES, SIR. >> FURTHER QUESTIONS? THANK YOU, TIM. AT THIS TIME, I WILL OPEN UP THE PUBLIC HEARING. ANYONE WHO WOULD LIKE TO SPEAK FOR OR AGAINST ITEM 19, PLEASE COME FORWARD AND GIVE YOUR NAME

FOR THE RECORD. >> GOOD MORNING, COUNCIL MY NAME IS MARK MURRAY AND ATTORNEY AT MCMAHON SUROVIK SUTTLE.

I REPRESENT A C SHGZU IN THIS MATTER.

THIS IS A SIMPLE REQUEST FOR YOU ALL.

TO ADD A SINGLE-FAMILY RESIDENTIAL COMPONENTS TO THE EXISTING PLANNED DEVELOPMENT. CURRENTLY IN THAT PLANNED DEVELOPMENT, WE CAN -- OR ACU CAN DO COMMERCIAL.

THEY CAN DO TOWN HOMES. THEY CAN DO MULTIFAMILY.

AND WE ARE ASKING TO ADD THE SINGLE-FAMILY COMPONENT WE THINK THAT IS AN APPROPRIATE ST. LOUIS AND SERVES AS A GOOD BUFFER AND A LESS INTENSE USE THAN WHAT WE CURRENTLY CAN DO THERE NOW.

SO THAT IS REALLY THE SIMPLE REQUEST.

AND AS -- WE HAVE -- TO KIND OF ADDRESS COUNCILMAN REGA'S QUESTION, WE HAVE DISCUSSIONS WITH THE CITY ABOUT AMBLER.

AND THE CITY SETS THE SPEED LIMIT THERE.

SO -- NOT AMBLER BUT JUDGEELY TXDOT, WE HAVE TO WORK WITH THEM ON THAT. SO I WILL ANSWER ANY QUESTIONS

THAT YOU MAY HAVE. >> THAT SOMETHING THAT YOUR CLIENT ENVISIONS AS PART OF THE PROCESS OF WORKING WITH THEM ON ADDRESSING WHETHER TXDOT OR THE CITY TO WORK WITH TRAFFIC SIGNALS TO MITIGATE ACCIDENTS AFTER THAT DEVELOPMENT?

>> YES. WE WOULD -- WE WOULD SUPPORT LOWERING THE SPEED LIMIT IN THE AREA.

I THINK ACU WILL GENERALLY SUPPORT THAT.

>> THANK YOU. >> ANY OTHER QUESTIONS?

THANK YOU. >> STILL IN THE PUBLIC HEARING.

ANYONE WHO WOULD LIKE TO SPEAK ON ITEM 19? SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING.

ANY FURTHER DISCUSSION. IF NOT, I WILL ACCEPT A MOTION

AND A SECOND. >> SO MOVED.

>> A MOTION FROM COUNCIL REGAN. >> SECOND.

>> SECOND BY COUNCILMAN BEARD. >> YES.

>> YES. >> COUNCILMAN M[L]CDONALDS IS ABSTAINING. PRICE IS ABSTAINING.

>> YES. >> YES.

>>CLERK: MOTION DID /* /*.

>> WE WILL NOW RECONVENE. 9:34.

[17. Ordinance (Final Reading) HOZ-2023-02: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on A Request From Robert Hoemke To Apply Historic Overlay Zoning To Approximately 0.44 Acres Zoned Central Business (CB). Located At 1201 South 1 st Street. (Tim Littlejohn)]

>> IT IS CAITLYN'S BIRTHDAY AND SHE ASKED ME TO THE TO MENTION

IT BUT NOW I AM GOING TO. >> ITEM 17, AND LET TIM LITTLEJOHN, DIRECTOR OF PLANNING AND SERVICES TO PRESENT THIS ITEM. TAKE THE HEAT OFF OF CAITLYN.

>> GOOD MORNING. THANK YOU.

FOR YOUR CONSIDERATION THIS MORNING IS HISTORIC OVERLAY REQUEST FOR ROBERT HOEMKE. HIS REQUEST, OF COURSE, IS THE HISTORIC OVERLAY TO A COMMERCIAL BUILDING WITH THE ORIGINAL TOWN LOCATED AT 1201 SOUTH FIRST STREET.

BACKGROUND INFORMATION ON THIS. THIS IS BUILT IN 1927.

SB SHELTON BUILT THE BUILDING FOR BUICK.

1931, BUICK MOVES OUT. 19 2 MR. WINTERS BUYS THE BUILDING AND BEGINS OPERATION OF THE BT TIRES.

AND BOUGHT THE BUILDING AND BEGAN THE RESTORATION OF THE

[01:00:03]

STRUCTURE. 2023, IT BEGINS OPERATING A ATS DNW UNDERGROUND A VENUE SPACE THAT CAN BE LEASED OUT.

NOTIFICATION MAP. WITH WE DIDN'T RECEIVE ANY OPPOSED OR IN FAVOR OF THIS REQUEST.

HERE ARE THE FINDINGS AND RECOMMENDATIONS THAT MEET ALL THE CRITERIA FOR THE HISTORIC OVERLAY DESIGNATION.

LANDMARKS DID HEAR THIS CASE AND THEY ARE RECOMMENDING TO YOU APPROVAL. PLANNING AND ZONING ALSO HEARD THIS CASE AND THEY ARE RECOMMENDING TO YOU APPROVAL OF THIS REQUEST. I WILL BE HAPPY TO AGE ANY

QUESTIONS THAT YOU MAY HAVE. >> THANK YOU, TIM.

DOES COUNCIL HAVE ANY QUESTIONS FOR MR. LITTLEJOHN? AT THIS TIME, I WILL OPEN THE PUBLIC HEARING.

ANYONE WANT TO SPEAK FOR OR AGAINST THIS ITEM.

IF SO, GIVE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.

SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING.

DOES COUNCIL HAVE ANY MORE QUESTIONS OR COMMENTS.

IF NOT, I WILL ENTERTAIN THE MOTION.

>> SO MOVED. >> SECOND.

>> A MOTION AND A SECOND. WE ARE READY TO VOTE.

>> YES. >> YES.

[18. Ordinance (Final Reading) HOZ-2023-03: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on A Request From Matthew Meador To Apply Historic Overlay Zoning To Approximately 0.69 Acres Zoned Medium Density (MD). Located At 1941 North 3rd Street. (Tim Littlejohn)]

>> MAYOR HURT IS ABSENT. >> YES.

>> YES. >>CLERK: MOTION CARRIES.

>> MOVE TO ITEM NUMBER 18, ASK TIM LITTLEJOHN, DIRECTOR OF PLANNING SERVICES PRESENT THIS ITEM.

>> THE NEXT REQUEST IS TO CONSIDER A ANOTHER HISTORIC REQUEST FOR MAT MAT, HIS ADDRESS 19 1 NORTH 3RD STREET.

THIS ONE IS A TWO-STORY MULTIBAY DOMESTIC BUILDING IN A QU QUEEN ANNE STYLE WITH CLASSICAL INFLUENCE BUILT IN APPROXIMATELY 1910, THREE OFFSETS, SLIDE, SLOPE, CHIMNEYS.

THERE HAS BEEN A FIVE-SIDED TOWER LOCATED IN THE MIDDLE OF THE REAR OF THE HOUSE. THE HOUSE HAS BEEN NAMED THE KING HOUSE AFTER HARRY TOM KING AND PROMINENT LAWYER AND JUDGE IN ABILENE. HERE IS A LOCATION MAP.

HERE IS THE CURRENT ZONING MAP. HERE IS THE HISTORIC OVERLAY MAP. YOU CAN SEE SURROUNDING OF THE PROPERTIES THAT ALREADY HAVE THE OVERLAY.

THIS IS USED AS THE SUBJECT PROPERTY.

YOU CAN SEE THAT IT IS METICULOUSLY MAINTAINED.

THIS IS HISTORIC PHOTOS OF THE SUBJECT PROPERTY.

NOTIFICATION MAP TO RECEIVE ANY -- DID NOT RECEIVE ANY RESPONSES AT ALL. HERE IS THE FINDINGS FOR THE CRITERIA DESIGNATION. IT MEETS ALL THE CRITERIA FOR HISTORIC OVERLAY. LANDMARKS COMMISSION HEARD THIS AND RECOMMENDING APPROVAL. PLANNING AND ZONING HEARD THIS CASE AND THEY ARE RECOMMENDING FOR YOU THIS MORNING APPROVAL.

I WILL BE HAPPY TO ANSWER I DIDN'T QUESTIONS.

>> THANK YOU. DOES THE COUNCIL HAVE ANY QUESTIONS FOR MR. LITTLE JOHN. I PASSED BY THIS HOUSE ON THE WAY TO WORK AND SAW IT IN THE OLD CONDITION AND LOOKS SO MUCH BETTER. AT THIS TIME, I WILL OPEN THE PUBLIC HEARING. ANYONE WANT TO SPEAK FOR OR AGAINST THIS ITEM? IF SO, GIVE YOUR NAME AND CITY

OF RESIDENCE FOR THE RECORD. >> MY NAME IS CARRIE BLOSKE, 258 CLINTON STREET DIRECTLY ACROSS THE ALLEY FOR THIS PROPERTY.

I WAS SO EXCITED WHEN THEY WERE GETTING A HISTORIC OVERLAY ZONING. I HAVE A HISTORIC OVERLAY ZONING. WE HAVE A NEIGHBORHOOD FULL OF HOUSES THAT QUALIFY. THIS PROTECTS THE HISTORIC INTEREST IN THIS HOUSE. IT IS WONDERFUL.

AND THESE TWO MEN WHO BOUGHT THIS HOUSE, I CANNOT SAY ENOUGH GOOD THINGS HOW THEY BROUGHT THAT HOUSE UP.

I LIVED IN MY HOUSE 45 YEARS. I HAVE SEEN THAT HOUSE IN 1941 BEING A DUMPING GROUND FOR PLUMBING SUPPLIES.

I HAVE SEEN IT BE A STASH HOUSE. I HAVE SEEN THE MOST AWFUL THINGS. BUT NOW IT IS KEPT UP.

GRASS IS MOWED EVERY WEEK. YARD IS PERFECT.

[01:05:02]

KIND OF PUTS ME TO SHAME SOMETIMES.

SO I -- AND NEIGHBORS IN TOWN REALLY APPRECIATE IF YOU CAN PASS THIS AND GIVE US ONE MORE HISTORIC HOME TO BE PROUD OF.

THANK YOU. >> THANK YOU.

PUBLIC HEARING IS STILL OPEN. DOES ANYONE ELSE WANT TO SPEAK FOR OR AGAINST THIS ITEM? SEEING NO ONE ELSE, I WILL CLOSE THE PUBLIC HEARING. DOES COUNCIL HAVE ANY QUESTIONS OR COMMENTS IN IS IF NOT, I WILL ENTERTAIN A MOTION.

>> MOVE FOR APPROVAL. >> WE HAVE A MOTION AND A SECOND. ANY OTHER DISCUSSION?

WE ARE READY TO VOTE. >> YES.

>> MAYOR HURT IS ABSENT. >> YES.

>> YES. >> YES.

[20. Ordinance (Final Reading) Z-2023-35: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on A Request From Hoemke Property LLC Represented By Seth Merritt, To Change The Zoning Of Approximately 0.33 Acres From Heavy Industrial To Light Industrial. Located At 409 S Treadaway Blvd. (Tim Littlejohn)]

>> YES. >> YES.

>>CLERK: MOTION CARRIES. >> WE WILL MOVE TO ITEM NUMBER 20. TIM LITTLEJOHN, DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES TO PRESENT THIS ITEM AS

WELL. >> THANK YOU, COUNCIL.

UP FOR CONSIDERATION THIS MORNING IS A ZONING REQUEST 2023-35 PROPERTY IS LCC. MERIT.

FROM HEAVY INDUSTRIAL TO LIGHT INDUSTRIAL CURRENT ZONING MAP AND THE CURRENT PERMITTED WITHIN THE AREA.

THIS IS IT IS THE REQUEST FOR LIGHT INDUSTRIAL USES.

VIEWS OF THE SUBJECT PROPERTY AND SURROUNDING.

NOTIFICATIONS WERE SENT OUT. ZERO IN FAVOR AND ZERO OPPOSED.

THE PROPOSED REQUEST FOR LIGHT INDUSTRIAL REZONING IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND GENERALLY ACCEPTED PLANNING PRINCIPLES. P&Z HEARD THIS CASE AND RECOMMENDING APPROVAL. HAPPY TO ANSWER I DIDN'T IF HE

IS THAT YOU MAY HAVE. >> THANKS, TIM.

ANYBODY HAVE ANY QUESTIONS? >> TIM -- AND MAYBE I AM NOT LOOKING AT THE MAP. AWAY WANT TO LOOK AT IT, BUT THIS IS -- THIS IS -- I WANT TO GO BACK.

THAT ONE THERE. SO THE 425 IS -- AND I CAN'T TELL WHERE THOSE LINES ARE, IS THAT THE SAME BUILDING ON A

DIFFERENT PIECE OF PROPERTY? >> IT IS ALL CONNECTED, BUT THEY ARE SEPARATED BY THE PROPERTY LINE AS YOU CAN SEE THERE.

>> SO MY QUESTION IS, IF WE ZONE PART OF THE BUILDING -- IF WE CHANGE PART OF THE BUILDING THEN WHAT HAPPENS IF THEY WANT TO EXPAND INTO THE OTHER PART OF THE BUILDING? I KNOW THEY DON'T OWN THAT PROPERTY.

HOW DOES THAT WORK? >> THE PROPERTY NEXT DOOR, IF THEY WERE TO EXPAND IS HEAVY INDUSTRIAL.

THEY WILL HAVE TO GET A ZONING REQUEST TO MAKE THE SAME CHANGE.

BUT IF I REMEMBER CORRECTLY, WHICH I CAN'T SWEAR ON IT, BECAUSE I HAVEN'T BEEN THERE, BUT I THINK THERE IS A FIRE WALL

THAT GOES ALONG -- >> IT LOOKED --

>> YES, SIR. >> BUT I DON'T KNOW -- I GUESS MY QUESTION -- WE DON'T KNOW IF THEY CAN DO THAT.

BUT IF IN THE FUTURE THEY WANTED TO EXPAND INTO THAT SECTION, THEY WILL HAVE TO COME BACK AND FILE PAPERWORK.

>> THEY WILL HAVE TO REZONE THAT PARCEL.

>> ANY OTHER QUESTIONS? AT THIS TIME, I WILL OPEN UP THE PUBLIC HEARING. ANYONE WHO WOULD LIKE TO SPEAK EITHER FOR OR AGAINST THIS ITEM. IF SO, PLEASE COME FORWARD AND GIVE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.

SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING.

DOES COUNCIL HAVE ANY OTHER QUESTIONS OR COMMENTS? IF NOT, I WILL ENTERTAIN A MOTION.

>> SO MOVED. >> SECOND.

>> WE HAVE A MOTION AND A SECOND.

ANY FURTHER DISCUSSION? WE ARE READY TO VOTE.

>> YES. >> YES.

>> YES. >> MAYOR HURT IS ABSENT.

[21. Ordinance (Final Reading) Z-2023-38: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on A Request From Nathan Hathorn, Represented By Jacob & Martin, To Change The Zoning Of Approximately 12.97 Acres From Agricultural Open And General Commercial To General Commercial. Located at 1209 Spur 707. (Tim Littlejohn)]

>> YES. >>CLERK: MOTION CARRIES.

>> MOTION CARRIES. ITEM 21, TIM LITTLEJOHN, DIRECTOR OF PLANNING AND DIAMOND SERVICES TO PRESENT THIS ITEM.

>> THANK YOU, COUNCIL. UP FOR CONSIDERATION THIS MORNING IS CASE 2023-38, OWNER IS NATHAN HAWTHORNE AND JACOB LAW THRN TO MAKE IT TO GENERAL COMMERCIAL.

120 THE SPUR 707. THE CURRENT ZONING MAP.

HERE IS THE PERMITTED USES WITHIN THE CURRENT AGRICULTURE OPEN SPACE. AND THE PERMITTED USES WITHIN GENERAL COMMERCIAL. AND HERE IS VIEWS OF THE SUBJECT PROPERTY. NOTIFICATION WAS SENT OUT.

[01:10:01]

WE DIDN'T RECEIVE ANY IN FAVOR OR ANY OPPOSED FOR THIS REQUEST.

THE PROPOSED REQUEST FOR GENERAL COMMERCIAL IS CONSISTENT WITH THE SURROUNDING USES. GENERAL AND ACCEPTED PLANNING PRACTICES AND CRITERIA FOR APPROVAL OF LDC.

PLANNING AND ZONING DID HEAR THE REQUEST AND REPRESENTING FOR YOU ZONING APPROVAL. I WILL BE HAPPY TO ANSWER ANY

QUESTIONS THAT YOU MAY HAVE. >> THANK YOU, TIM.

>> THE QUESTION I HAVE. I COULDN'T QUITE FIGURE OUT WHAT THEY WERE PLANNING TO USE. I DON'T THINK IT IS INAPPROPRIATE FOR THAT TO BE GENERAL COMMERCIAL.

BUT DO YOU KNOW WHAT THE PROJECT IS?