Jan 25, 2024 City Council

[CALL TO ORDER]

[00:00:06]

GOOD MORNING, IT IS 8:30 A.M. AND I CALLED THIS CITY COUNCIL MEETING TO ORDER. I HAVE SOME VERY SPECIAL GUESTS I AM GOING TO INTRODUCE IN A MOMENT. IF YOU ALL WOULD, PLEASE JOIN ME IN OUR INVOCATION . THIS GRACIOUS HEAVENLY FATHER, WE ASK YOU FOR GUIDANCE, COMPOSURE, AND COMPASSION. WE ASK YOUR HELP TODAY THAT YOU MAKE DECISIONS THAT ARE THE BEST FOR OUR CITY AND OUR CITIZENS. LORD, WE ASK YOU TO LOOK OVER ALL OF THOSE WHO TAKE CARE OF OUR CITY, STATE, AND OUR COUNTRY. OUR FIRST RESPONDERS, OUR MILITARY, LORD, THEY ARE ALWAYS DEAR TO OUR HEARTS, AND WE APPRECIATE THE RAIN, ALWAYS. WE WOULD NEVER WANT TO ASK THAT IT STOP, BUT SOME SUNSHINE WOULD BE WONDERFUL. IN JESUS' NAME WE PRAY. ALL RIGHT , TODAY, I HAVE ARCHER ACRES . RAISE YOUR HAND. WITH HIM ARE KENT AND THEIR GRANDMOTHER. I HAVE I TELL YOU BROOKS AND I HAVE KEVIN DAVIS AND HER MOTHER, CHARLIE , AND HER LITTLE BROTHER AND SISTER ARE HERE.

LAUGHTER ] AND DAHLIA AND KEVIN ARE PART OF THE BIG BROTHERS AND BIG SISTERS FUND. THANK YOU ALL FOR EVERYTHING THAT YOU DO, WE ARE SO APPRECIATIVE. WE ARE GOING TO DO THE PLEDGE. IF YOU WOULD ALL THREE JUST TURN AROUND

RIGHT HERE. >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD INDIVISIBLE WITH

LIBERTY AND JUSTICE FOR ALL. >> HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE

AND INDIVISIBLE. >> ARCHER , HE IS JUST A LITTLE RESERVED . YOU ALL CAN COME UP HERE AND TAKE A PICTURE. LAUGHTER ] ARE YOU THE MAYOR ?

>> NO, I JUST PLAY ONE ON TV.

WAY, GUYS. THAT ONE IS FOR YOU. OKAY, I APPRECIATE THAT.

HAVE A WONDERFUL DAY. GOOD JOB. BY GRANDMA KATHY. PUSH THIS BUTTON. WE HAVE A PROCLAMATION FOR NATIONAL

[PRESENTATIONS, RECOGNITIONS, PROCLAMATIONS AND ANNOUNCEMENTS]

NATIONAL MENTORING MONTH , WHEREAS MENTORS BUILD CHARACTER, ENCOURAGE SUCCESS, BOOST CONFIDENCE, LIFT EXPECTATIONS AND INSPIRE YOUNG PEOPLE TO DO THEIR BEST, AND WHEREAS THEY SERVE AS FRIENDS , ROLE MODEL, SOURCES OF STABILITY DURING A CRITICAL TIME , WHEREAS NATIONAL MENTORING MONTH IS AN OPPORTUNITY TO ENCOURAGE MORE CITIZENS TO HELP BUILD A BRIGHTER FUTURE FOR OUR YOUTH AND AS A HIGHLIGHT OF NATIONAL MENTORING MONTH , 24, IT WILL BE CELEBRATED JANUARY 25TH , 2024. EXCUSE ME, ALL CITIZENS ARE ENCOURAGED TO REACH OUT AND THANK ALL THOSE WHO HAVE HAD A LASTING AND POSITIVE IMPACT ON THEIR LIVES.

I EXPRESSED MY APPRECIATION TO BIG BROTHERS AND BIG SISTERS OF ABILENE , FOR THE IMPACT THEY HAVE HAD ON THE LIVES OF YOUTH AND COMMUNITY. I AM PROUD TO PRESENT IN THE CITY OF

[00:05:04]

>> WE FIRST WANT TO SAY THANK YOU FOR GIVING US THIS OPPORTUNITY. BUT ALSO THANK YOU FOR ALL OF THE MENTORS THAT ARE IN THE CITY, WHETHER YOU ARE PART OF OUR PROGRAM OR NOT.

WE HAVE SOME INCREDIBLE PEOPLE HERE AND WE ARE ALWAYS LOOKING FOR BIGGS AND PEOPLE WHO WANT TO SPEND TIME TO MAKE A DIFFERENCE IN A CHILD 'S LIFE. IF YOU ARE INTERESTED, PLEASE LOOK US UP ON THE WEBSITE. THANK YOU.

>> WE APPRECIATE EVERYTHING THAT YOU ALL DO, AND YOU AFFECT SO MANY OF THE LIVES OF OUR CHILDREN. IT MEANS SO MUCH.

THANK YOU.

CONGRATULATIONS TO MALLORY, TOP 20 UNDER 40, AS A FELLOW COLLEGE ALARM, CONGRATS. AND YOU ARE WELCOME. WE WILL NOW

[CONSENT AGENDA AND PUBLIC COMMENTS]

>> THE CARDS WILL BE HANDLED INDIVIDUALLY. THE FIRST I HAVE

IS FOR CHARLES MICHAEL. >> MY NAME IS CHARLES MICHAEL AND I AM A RESIDENT OF ABILENE , TEXAS. MOST OF YOU MUST UNDERSTAND THAT SEPARATION OF CHURCH AND STATE , CONGRESS WILL MAKE NO LAW FREEDOM OF SPEECH NOR DIRECT PEOPLE TO RESIST PEACEFUL ASSEMBLY. MY CONCERN IS THAT BY PRAYING TO THE CHRISTIAN GOD YOU ARE INFRINGING ON THE FIRST AMENDMENT , IN SUCH A WAY THAT CHRISTIANITY THE DE FACTO RELIGION, YOU ARE TACITLY ENDORSING THE RIGHTS OF CHRISTIANS AIMED AT CHRISTIANITY. IF ANY OTHER RELIGION WAS OBSERVED IN SUCH A MATTER, RELIGION IN GOVERNMENT FACILITIES. YOU DO NOT HAVE THE TAKE MY WORD FOR IT. HERE IS WHAT THOMAS JEFFERSON WROTE, PUBLISHED IN 1785, QUOTE , THE LEGITIMATE POWERS OF GOVERNMENT EXTEND TO SUCH ACTS AS ARE INJURIOUS TO OTHERS. INAUDIBLE ] WELL PUT, TOM, MAINTAINING A SECULAR ENVIRONMENT IS FOUNDATIONAL IF WE ARE TO ABIDE BY THE TYPE OF GOVERNMENT THAT THE FOUNDING FATHERS ENVISIONED. AS FOR THOSE OF YOU WHO FEEL ENTITLED TO PRACTICE YOUR FAITH IN THE SETTING, CONSIDER THIS, HOW WOULD YOU FEEL IF THE CITY COUNCIL MEETING BEGAN WITH MEDITATION OR REPETITION OF A MANTRA OR PRAISING ANY NUMBER OF GODS OR DIVINITIES THAT YOU DO NOT PERSONALLY WORSHIP? THANK YOU. ONE MINUTE TO SPARE?

THAT IS AMAZING. >> STILL IN THE PUBLIC COMMENT PERIOD, DO WE HAVE ANY REMAINING CARDS?

>> THE REMAINING CARDS ARE ALL UNDER NUMBER 19.

>> WE ARE STILL IN THE PUBLIC COMMENT PERIOD. WOULD ANYONE ELSE LIKE TO SPEAK AT THIS TIME?

>> JOEL GAINES, RESIDENT OF ABILENE. RECENTLY I FEEL THAT GOD HAS SHOWN ME SOMETHING. IT CAUSED ME TO RETHINK THE WAY THAT I DO SOME THINGS. THE FIRST TIME, ONE OF THE FIRST TIMES THAT I WAS AT THIS COUNCIL MEETING WAS WHEN I READ

[00:10:04]

MY OPINION HAS NOT CHANGED. ONLY MAYBE MY ACTIONS . I BELIEVE , TO INFLUENCE SOMEBODY, YOU SHOULD BE -- YOU, YOU SHOULD HAVE ATTENDED THESE MEETINGS, LONG BEFORE COMING BEFORE YOU, AND BEFORE BRINGING UP THE DIVISIVE SUBJECTS. SO, I SHOULD HAVE BEEN ATTENDING THESE MEETINGS REGULARLY AND BEING SUPPORTIVE AND POSITIVE, WHEN POSSIBLE.

AND I DO BELIEVE THAT THEN, MY INFLUENCE MIGHT HAVE BEEN OF GREATER VALUE TO YOU. AND THE, THE , THE VERSE THAT REALLY TOUCHED ME , THAT GOD SPOKE TO ME, WAS THE SECOND CHRONICLE , 14. MY PEOPLE, WHO ARE CALLED BY MY NAME WILL HUMBLE THEMSELVES AND SEEK MY FACE AND TURN FROM THEIR SINS. HE WILL HEAR US, HE WILL FORGIVE US, AND HE WILL HEAL OUR LAND.

WELL I AM PRETTY GOOD AT THE PRAYER AND SEEKING HIS FACE.

NOT SO GOOD AT THE TURN FROM MY SINS . I BELIEVE THAT GOD REALLY NEEDS TO HEAL THIS LAND, SO I WAS VERY IMPRESSED BY THE LORD THAT I NEEDED TO HUMBLE MYSELF, AND THIS IS VERY HUMBLING, TO COME BEFORE YOU AND SAY THAT I SHOULD HAVE BEEN HERE FOR YEARS BEFORE I WAS. JUST, JUST BEING HERE AND BEING KNOWN BY YOU, AND ME KNOW WHEN YOU A LITTLE BIT BETTER AND BEING SUPPORTIVE. LIKE I SAID, WHENEVER POSSIBLE. WELL, MY HUSBAND ALWAYS SAYS THAT I USED TOO MANY WORDS TO EXPLAIN MYSELF THAT HE IS ALWAYS TELLING ME TO LAND THE PLANE. SO I AM GOING TO LAND THE PLANE. I HOPE THAT YOU HEAR MY HEART AND YOU UNDERSTAND WHAT I WAS SAYING.

>> THANK YOU. >> WE ARE STILL IN THE PUBLIC COMMENT PERIOD. WOULD ANYONE ELSE LIKE TO SPEAK AT THIS TIME? SEEING NO ONE, I WILL CLOSE THE PUBLIC COMMENT PERIOD AND I WILL NOW ASK FOR A MOTION FOR THE CONSENT AGENDA, CONSISTING OF ITEMS THREE THROUGH 18, WITH THE EXCEPTION OF 11. I HAVE A MOTION BY COUNCILMEMBER MCALISTER. AND A SECOND BY COUNCILMEMBER REGAN. AND WE

ARE READY TO VOTE. >>

[19. Ordinance (Final Reading) Z-2023-36: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on A Request From The Owners, Represented By Jacob Martin, To Change The Zoning Of Approximately 7.07 Acres From PD 96A To General Retail. Located On The East Side Of The 5300 Block Buffalo Gap Road. (Tim Littlejohn)]

>> BE MOTION CARRIES. AND WE WILL NOW MOVED TO 19, I AM GOING TO ASK TIM LITTLEJOHN TO PRESENT THIS.

>> UP FOR YOUR CONSIDERATION THIS MORNING IS 2023-36 , AND THE REPRESENTATIVE IS JACOB MARTIN. THE REQUEST IS TO CHANGE THE ZONING OF APPROXIMATELY 7.07 ACRES FROM PETEY 96- A TO GENERAL RETAIL. HERE IS THE LOCATION MAP FOR REFERENCE. AND HERE IS THE CURRENT ZONING MAP, YOU CAN SEE THAT NOT ALL OF THE PD WILL BE GOING AWAY, BUT JUST A PORTION OF IT. HERE IS THE PERMITTED USES WITHIN THE GENERAL REQUEST, FOR RETAIL. AND HERE IS OUR VIEW OF THE SUBJECT PROPERTY, AND FOR REFERENCE, THERE IS A STARBUCKS BEING BUILT. AND THE RECOMMENDATION, THIS IS , THIS IS NOT ACTUALLY THE P&Z RECOMMENDATION SLIDE. THEY HAVE PLATTED THIS 7.07 ACRES, YOU HAVE LOT 203 TO 206. THIS IS THE NOTIFICATION MAP, ZERO IN FAVOR, 22 OPPOSED, WITH THE RESULT OF 23.9 PERCENT OPPOSITION, THIS WILL REQUIRE A SUPER MAJORITY VOTE FROM COUNCIL ON THIS REQUEST. THE PURPOSE OF THE REQUEST WAS TO BETTER CLARIFY THE USES ALLOWED WITHIN THAT PROPERTY. RIGHT NOW, THE WAY THAT THE PD IS WRITTEN, SOME OF THE LANGUAGE IS NOT DEFINED , SO IT IS OPEN TO INTERPRETATION. IT HAS BEEN A CHALLENGE FOR STAFF AND

[00:15:05]

>> ANY QUESTIONS? >> OKAY , I WOULD LIKE TO JUST SHARE. OKAY, THE MAIN CONCERN, FROM WHAT I AM SEEING WITH THIS, IS THAT THE WAY THAT THE PD WAS WRITTEN, IT USES UNDEFINED TERMS, THE SPECIALTY STORES. SO, STAFF HAS TO GIVEN -- GIVE AN INTERPRETATION ON WHAT MAY OR MAY NOT BE ALLOWED ON THE PROPERTY. BY CHANGING THE ZONING, WE PROVIDE CLARITY, NOT ONLY TO STAFF, BUT ALSO TO THE PROPERTY OWNER AND TO THE SAID PROPERTY , WHAT IS AND WHAT IS NOT ALLOWED. AND AS I, AS I READ THROUGH THIS, MULTIPLE TIMES AND READ THROUGH THE RESPONSES THAT I RECEIVED THAT ARE IN THE PACKET, FROM THE RESIDENTS THAT ARE IN THE AREA, AND I LOOKED AT IT FROM DIFFERENT ANGLES. IF YOU CAN GO BACK TO THE MAP, IT IS A VERY DEEP PROPERTY WITH A LOT OF RESIDENTIAL PROPERTIES ALONGSIDE THE BACK . THE NORTH SIDE, AND ESPECIALLY, ON THE SOUTH SIDE. AND WHAT WAS PUT IN PLACE WAS TRYING TO PROTECT THEM, THIS WAS 20 YEARS AGO, AND I DO NOT THINK THERE IS A COPY OF THE MEETING TO SEE WHAT ALL THE DISCUSSION WAS . THE OFFICE ZONING , AND THE MAIN PORTION OF IT, AND THEN THE RETAIL ALONG THE BUFFALO GAP FRONTAGE ROAD , ALLOWED FOR DEVELOPMENT OF THE PROPERTY THAT MADE SENSE ON BUFFALO GAP WELL PROTECTING THE HOMEOWNERS THAT ARE RECESSED FURTHER AWAY FROM BUFFALO GAP. AND SO, I HAVE JUST GOING BACK AND FORTH AND SO, I WANTED TO SHARE MY THOUGHTS AND SHARE THIS IDEA , BEFORE THE PUBLIC DISCUSSION SO THAT I CAN GET FEEDBACK FROM THE PROPONENT AND THE NEIGHBORS. IS THIS AN EFFECTIVE DIRECTION? IS THIS NOT? THE WAY IT IS WRITTEN, 600' FROM THE CENTERLINE OF BUFFALO GAP, MY THOUGHT IS TO HAVE THE ZONING FOR THE PROPERTY AS OFFICE, WHICH IS WHAT THEY HAVE RIGHT NOW. WITH THE ADDITION OF THE ART SCHOOL AND THE DAY CARE CENTER BECAUSE THAT IS ANTICIPATED, THE DESIRED USE , FURTHER BACK FROM THE ROAD. AND THEN, ALONG THAT 600' FRONTAGE , IT WOULD BE GENERAL RETAIL, WHICH IS BASICALLY HOW WE ARE TREATING IT RIGHT NOW WITH THE SPECIALTY SCHOOL -- STORE. IT GIVES CLARITY TO THE PROPERTY OWNER AND PROVIDES US PROTECTIONS FROM THE BACK, FOR BUFFALO GAP, WHERE IT CAN BE DEVELOPED IN A WAY THAT MAKES SENSE AND REDUCES THE IMPACT ON THOSE NEIGHBORING PROPERTIES, AND SO, THAT THAT, THAT IS WHERE I AM LEADING AT THIS TIME. AND SO I JUST WANTED TO MAKE THAT STATEMENT. COUNCIL CAN PROVIDE THOUGHTS AND FEEDBACK AND THE CITIZENS CAN PROVIDE THOUGHTS AND FEEDBACK TO HELP CORRECT THIS.

>> I ALSO WANTED, JUST , SO THAT THE FOLKS THAT ARE HERE KNOW THAT WHAT WE ARE DOING TODAY, YOU ARE RIGHT. THAT PD IS RATHER VAGUE. IT IS OPEN TO INTERPRETATION, SO, IF WE -- CORRECT ME IF I AM WRONG. BECAUSE I HAVE BEEN WRONG TODAY. IF WE LEAVE IT AS THE PD, IF WE DO NOT MAKE IT -- ANY CHANGES, WHAT THOSE RESIDENTS HAVE GONE THROUGH, WITH STARBUCKS , THEY COULD GO THROUGH WITH ANOTHER BUSINESS TOMORROW, THE NEXT DAY, AND ANOTHER BUSINESS. BECAUSE THAT PD IS SO VAGUELY WRITTEN. IF WE DO NOT MAKE ANY CHANGES TODAY, IF WE LEAVE IT AS IT IS, THEN NOTHING CHANGES, THE GENERAL RETAIL, THE WAY I UNDERSTAND IT, IT IS DESIGNED TO ALLOW US A LITTLE BIT MORE CONSISTENCY AND IT ALLOWS US A LITTLE MORE DIRECTION AND MOST IMPORTANTLY, IF I UNDERSTAND CORRECTLY, IT ALLOWS US MORE SETBACK REQUIREMENTS. IF , IN THE PD, THERE ARE NO SETBACK REQUIREMENTS WITHIN THAT, THEN IT COULD BE A STARBUCKS ALL OVER AGAIN. DOES THAT AFFECT THE STARBUCKS? NO. IF THE STARBUCKS EVER CHANGES OR INCREASES IN SIZE, OR GETS SOLD, THEN IT WOULD FALL UNDER GENERAL RETAIL. BUT THE GENERAL RETAIL ALLOW SOME

[00:20:04]

>> ALSO TO ADD TO THAT, WITH GR, WHAT YOU MENTIONED , THERE ARE SOME OF THE MORE INTENSE ABUSES THAT WOULD REQUIRE THE

CONDITIONAL USE PERMIT >> HEY, HEY.

>> I'M SORRY. >> ALSO WITH THE GR ZONE, THEY REQUESTED SOME OF THE MORE INTENSE ABUSES THAT WOULD BE LESS DESIRABLE, THAT WOULD HAVE THE REQUIRED THE CONDITIONAL USE PERMIT THAT WOULD GO THROUGH THIS EXACT SAME PROCESS AGAIN TO GET APPROVED. RIGHT NOW, SOME OF THOSE USES ARE ALLOWED BY RIGHT WITHIN THE PD AND THEY DO NOT REQUIRE A

CONDITIONAL USE PERMIT. >> IN THE PD , THERE ARE SOME USES THAT ARE ALLOWED, BY LAW, OR BY PERMIT, OKAY? THEY COULD GO IN TOMORROW. SOME OF THE SAME USES, IF IT BECOMES THE ART WOULD HAVE TO REQUIRE THE CONDITIONAL USE PERMIT AND GO THROUGH THE PROCESS AGAIN. GENERAL RETAIL ADDS ANOTHER LAYER OF PROTECTION OVER WHAT IS IN PLACE RIGHT NOW. IF WE LEAVE THE PD IN PLACE RIGHT NOW, IT IS THE WILD WEST.

>> THERE WOULD BE SOME USES THAT DID NOT REQUIRE THE CONDITIONAL USE PERMIT AND THAT IS ANOTHER PERMIT FOR THE GR, AS REQUESTED BY THE APPLICANT.

>> THANK YOU. >> THERE WOULD BE SOME THINGS, YOU KNOW, LIKE A CONVENIENT STORE -- CONVENIENCE STORE WITH FUEL CELLS , BACK ACROSS THE OLD PROPERTY. I AM NOT COMFORTABLE WITH THAT. THAT IS WHAT I AM RECOMMENDING A SPLIT WHERE IT IS OFFICE IN THE FRONT AND GR

IN THE BACK. >> SHANE, WOULD YOU MIND GOING THROUGH YOUR THOUGHT PROCESS AGAIN, YOUR RECOMMENDATION?

>> MY RECOMMENDATION IS THAT THE BASE ZONING FOR THE ENTIRE PARCEL IS OFFICE. IN ADDITION TO THAT, ALLOW FOR ART SCHOOL AND DAYCARE OPERATIONS. ANYWHERE ON THE PROPERTY, OFFICE, ART SCHOOL, DAYCARE, IS ALLOWED. AND THEN, WITHIN THE CORRIDOR OVERLAY, THE 600' , AS DESCRIBED IN THERE, FROM THE CENTERLINE, THAT WOULD BE GR. THE GOLDEN CHICKEN, THE STARBUCKS, THAT TYPE OF USAGE WOULD STILL BE ALLOWED, AS IS.

BUT THE BUFFERING REQUIREMENTS WOULD COME INTO PLAY. AND THE CORRIDOR OVERLAY HAS SOME BUFFERING AND SOME LANDSCAPING REQUIREMENTS AND THINGS LIKE THAT. AND THAT WOULD ALLOW FOR THOSE MORE INTENSIVE USES , WHERE YOU WOULD EXPECT TO SEE THEM, BUT RESERVE THE BACK PART OF THE PROPERTY FOR LESS INTENSIVE USE THAT WOULD BE EITHER THE OFFICE , THE DAYCARE, OR SOMETHING LIKE THAT.

>> SHANE, I DON'T KNOW IF YOU ALL CAN SEE THE MAP. IS IT BASICALLY THE SAME DEPTH AS THE GR, UP AGAINST CHARLIE

BARK? >> IT IS PRETTY CLOSE. WE HAVE MET QUITE MEASURED IT. THAT WOULD BE A FAIRLY CLOSE

ESTIMATE. >> THAT IS THE WAY IT IS DEFINED TODAY, IT SAYS 600' FROM THE CENTERLINE OF BUFFALO

GAP. >> I APOLOGIZE IF YOU CANNOT SEE THIS MAP. BASICALLY WHERE THAT GR LINE COMES DOWN, IF IT JUST CONTINUES ON DOWN, SO BASICALLY EVERYTHING TO THE

LEFT. ROUGHLY THAT AREA? >> MAY BE THE PROPONENT HAS AN IDEA OF HOW DEEP THAT WOULD BE, SINCE TIM IS NOT SURE. BUT THAT ALLOWS FOR WHAT IS THERE NOW, THEY CAN STILL DO WHAT THEY ARE DOING. AND YOU WOULD EXPECT TO SEE HEAVIER USE, RIGHT THERE ON BUFFALO GAP. FURTHER BACK, DEEPER INTO THE PROPERTY. YOU ARE JUST SURROUNDED BY RESIDENTIAL , I THINK ALSO AN OFFICE OR THEY CARE USE IS MORE APPROPRIATE THERE. OFFICE, DAYCARE, GOING TO BE DURING THE DAY, QUIETER

AT NIGHT. >> JUST TO CLARIFY A FEW POINTS. THERE HAS BEEN A LOT OF TALK ABOUT THIS IN THE COMMUNITY. AND I THINK THAT SOME POINTS ARE CORRECT AND SOME ARE NOT. JUST TO CLEAR UP ANY CONFUSION, REGARDLESS OF WHAT THE COUNCIL DOES TODAY, YES OR NO, THE STARBUCKS STILL

OPENS, CORRECT? >> YES, SIR.

>> OKAY, IF KIND OF THE TWO CROSSROADS, YES OR NO, FLOODING

[00:25:03]

>> IT WOULD RESULT IN THE SAME. IT WOULD GO THROUGH THE DEVELOPMENT REVIEW PROCESS, AND THEN THE FLOW WOULD BE STUDIED AT THAT TIME AND THE DETENTION AREA WOULD BE ADJUSTED.

>> ANY OTHER EXISTING DETENTION AREA. EITHER WAY, THE RESIDENTS AROUND WILL NOT BE AFFECTED WITH A FLOODING ISSUE.

>> TILE KIND OF ALLUDED TO IT, BUT IF YOU COULD EXPLAIN IT A LITTLE BIT MORE, FROM THE RESIDENTS' PERSPECTIVE , IN YOUR OPINION, ARE THEY PROTECTED MORE, AS FAR AS BUFFERING GOES UNDER HOW IT IS NOW, VERSUS UNDER THE PROPOSED

CHANGE? >> BOTH REQUESTS , BOTH USES , OR DISTRICTS , WOULD ALLOW SOME PROTECTION. I BELIEVE THE GENERAL RETAIL REQUIRES A LITTLE BIT BETTER BUFFER THAN THE PD, CURRENTLY IN THE BACK HALF, WITH THE ADDED SETBACKS AND THE BUFFER REQUIREMENT, IT WOULD REQUIRE A TYPE B BUFFER, WHICH IS THE MOST RESTRICTIVE BUFFER WE HAVE IN THE LDC. HOW MUCH OF A DIFFERENCE THAT WOULD MAKE TO THE COMMUNITY, I CANNOT SPEAK FOR THEM, BUT STAFF FEELS THAT WOULD BE A

SUFFICIENT BUFFER. >> THANK YOU.

>> ANY FURTHER QUESTION FOR TIM?

>> WOULD YOU LIKE ME TO LEAVE THIS MAP UP TO FOR THE

REFERENCE? >> AT THIS TIME, I WILL OPEN UP THE PUBLIC HEARING. IS THERE ANYONE WHO WOULD LIKE TO SPEAK FOR OR AGAINST THIS ITEM? PLEASE COME FORWARD GIVE YOUR NAME, YOUR CITY OF RESIDENCE, THERE WILL BE A THREE-MINUTE TIME LIMIT AND I ASK EVERYONE TO BE CONSIDERATE OF EVERYONE ELSE. AND THE FIRST CARD IS VANCE JONES.

AM A RESIDENT OF ABILENE. GOOD MORNING, GENTLEMEN. ] IT SEEMS TO ME THAT WE ARE TRYING TO CRAM A SQUARE PEG INTO A ROUND HOLE WITH THIS THING. IT JUST KEEPS COMING UP.

AND THE CURRENT PLANNED DEVELOPMENT ZONING REQUIREMENTS I FEEL MEET THE NEEDS OF THE THREE NEIGHBORHOODS THAT SURROUND THIS PLOT OF LAND. THE SPECIALTY STORE INTERPRETATION WAS INCORRECTLY DONE. AND IF A PARTICULAR ESTABLISHMENT CANNOT MEET THE REQUIREMENTS OF ANY OF THE OTHER KINDS OF BUSINESSES, THEN IT IS CALLED A SPECIALTY STORE, BUT STARBUCKS IS A DRIVE-IN, AND GOLDEN CHICK IS A DRIVE-IN. THEY SHOULD NEVER HAVE BEEN ACCEPTED UNDER THE PD . BUT IT WAS. WE HAVE GOT TO LIVE WITH THAT. IF WE HAVE ANY MORE BUSINESSES LIKE THAT, THAT COME INTO THIS AREA, WE ARE REALLY GOING TO HAVE A CONGESTED TRAFFIC PROBLEM. IT IS ALREADY GOING TO BE PRETTY BAD, ESPECIALLY ON SUNDAY. YOU KNOW, FOR EXAMPLE, WHEN CHURCH LETS OUT, EVERYONE IS COMING TO GOLDEN CHICK TO EAT FRIED CHICKEN AND YOU HAVE THE COFFEE HOUNDS TRYING TO MAKE THAT LEFT TURN INTO STARBUCKS. IT IS GOING TO BE A MESS. THE TRAFFIC SITUATION IN THAT SEVEN ACRES IS JUST GOING TO BE TERRIBLE. PLUS, WE ARE NOT SURE, MR. TIM LITTLEJOHN IT WAS NOT SURE WHAT THE BUFFERING REQUIREMENTS ARE. I WOULD BE INTERESTED TO KNOW WHAT THEY ARE UNDER GENERAL RETAIL, THEY ARE ON THE PRIVATE ALLEYWAY, AND THEY ARE PROBABLY NOT GOING TO KEEP OUT MOST OF THE NOISE, ESPECIALLY AT THE STARBUCKS, AND WE THINK THAT IT OUGHT TO BE TORN DOWN AND THERE OUGHT TO BE A SOUNDPROOF FENCE PUT IN. THAT IS ANOTHER ISSUE, I GUESS. BUT THAT IS JUST THE WAY WE FEEL. THE PLANNED DEVELOPMENT, THE WAY THAT THE CODE, THE WEIGHT THE ZONING RESTRICTIONS, AS THEY CURRENTLY ARE, I CURRENTLY FEEL LIKE THEY ARE ADEQUATE.

[00:30:02]

THANK YOU FOR YOUR TIME. >> THE NEXT CARD IS DENISE JONES.

MR. HANNA , MR. MAHER , AND COUNCILMEMBERS. I AM A LONG TIME ABILENE RESIDENT, I LIVE ON WOOD HOLLOW CIRCLE .

IT IS INDICATED ON THE MAP IN THE AREA THAT GOT THE LETTER. I HAVE ATTENDED MEETINGS IN THE PAST AND I HAVE HAD PAST COUNCILMEMBERS AS FRIENDS AND I KNOW THE AMOUNT OF TIME THAT YOU HAVE TO SPEND . THIS IS NOT YOUR REAL JOB. WE OWE YOU A DEBT OF GRATITUDE FOR WHAT YOU DO AND HOW MUCH WE APPRECIATE WHAT YOU DO. WHAT I -- AND ALSO, THANK YOU FOR ASKING THE QUESTIONS. YOU HAVE HELPED VERY MUCH, ME, AND PART OF WHAT I HAVE INTENDED TO SAY TO YOU TODAY. WE DO, WE DO NOT ACTUALLY KNOW WHAT THE GR BUFFERS ARE. I KNOW THAT I HAVE SPENT A LOT OF TIME ON THE INTERNET. AND I KNOW THAT SOME OF MY NEIGHBORS HAVE. WE HONESTLY DO NOT KNOW , YOU KNOW, HOW THAT COMPARES WITH WHAT THE BUFFERS ARE THAT ARE LISTED IN THE PDB , WHICH WOULD BE EXCELLENT. ONE OF THE THINGS THAT I REALLY WANT TO RELAY, WE WANT TO WORK TOGETHER TO MAKE THIS A VERY PALATABLE SITUATION. WE WANT THE OWNERS TO FEEL LIKE THEY ARE HAVING A FAIR SHAKE IN THIS AND WE FEEL LIKE, AS NEIGHBORS, WE WOULD LIKE TO SEE THAT WE CAN WORK IN HARMONY. I KNOW THAT YOU ALL ARE FAMILIAR. BY THE WAY, I AM SPEAKING ON BEHALF OF, I DON'T NOT -- DO NOT KNOW IF THAT MATTERS, I WILL BE QUICK. THE CORRIDOR OVERLAY SAID THAT THE INTENT, AND THE PURPOSE OF THAT, WHICH IS DIRECTED TOWARD THAT THE 300 BLOCK OF BUFFALO GAP ROAD, THAT IS TO PROMOTE DEVELOPMENT IN HARMONY WITH ADJACENT LAND USES IN THE SURROUNDING ENVIRONMENT. LIKE, LIKE, LIKE YOU SAID, THIS OUTSIDE, THE EASTSIDE , AND ABOUT ONE THIRD OF THE NORTHSIDE ARE BOUNDED BY THE HOUSES. AND THEN THE OTHER THING IT SAYS IS TO ENSURE RESIDENTIAL NEIGHBORHOODS ARE PROTECTED FROM ENCROACHMENT OF INCOMPATIBLE MARTIAL ACTIVITIES. AND , SO, WE DO THE CORRIDOR OVERLAY, AS I KNOW YOU KNOW, IT HAS A LISTING OF SOME OF THOSE SAME REGULATIONS THAT ARE IN THE PDD . BUT WE DO BELIEVE, AS MR. LITTLEJOHN SAID, THERE ARE A NUMBER OF USES THAT ARE VERY APPROPRIATE FOR PDD THAT WOULD BE A GOOD TRANSITION FROM THE NEIGHBORHOOD TO THAT. WE ARE TOTALLY IN FAVOR OF THAT. MR. PRICE HAD ALLUDED TO THE FACT THAT HEAVIER INDUSTRIAL , NOT INDUSTRIAL, BUT HIGHER COMMERCIAL, WOULD BE A LITTLE BIT, DISADVANTAGEOUS TO THE NEIGHBORHOOD, DUE TO, YOU KNOW, THE TRAFFIC. I KNOW THAT YOU ARE ALL AWARE OF THAT. AND WE WOULD WELCOME THE OPPORTUNITY, IF YOU DECIDED TO HAVE A COMMITTEE OF THE OWNERS, MAYBE A COUPLE OF NEIGHBORS. MEMBERS, IF , IF A MEMBER OF YOU, WANTED TO JOIN US AND SIT DOWN AND WORK TOGETHER, BECAUSE IT IS IMPORTANT TO US THAT YOU KNOW THAT WE ARE NOT TRYING TO STOP ANY KIND OF PROGRESS WHATSOEVER. I LOVE ABILENE. AND I WORKED TO MAKE IT A BETTER PLACE AND I APPRECIATE THAT. THANK YOU, VERY MUCH.

>> SCOTT WEATHERMAN. >> HELLO, MY NAME IS SCOTT WEATHERMAN, I LIVE AT 3282 , RIGHT NEXT TO WHERE YOU SEE RS-8 ON THE MAP, THAT IS OUR HOUSE , ACTUALLY, IT IS TWO OVER. BUT IT IS RIGHT IN THAT AREA. I HAVE SOME CONCERNS. BUT MY MAIN CONCERNS ARE THE TRAFFIC. WHICH HAS ALREADY BEEN ALLUDED TO. BUT I ALSO WANTED TO GO BACK TO, WHENEVER THEY PUT IN THE GOLDEN CHICK , WE STARTED HAVING MORE TRASH LIKE, COMING INTO THE ALLEY. NOT ONLY INTO THE ALLEY BUT INTO OUR YARD. AND I KNOW THEY PUT UP A FENCE FOR THE

[00:35:02]

THE MAIN ENTRYWAY AND EXIT FOR OUR COMMUNITY, OR THE NEIGHBORHOOD I AM AND -- IN, IT IS WOOD LAKE. I CAN ONLY IMAGINE IT WILL BECOME EXASPERATING , GOING FURTHER. I KIND OF LIKE WHAT MR. PRICE WAS GOING TOWARDS. I UNDERSTAND LIKE, IF YOU HAVE THE FRONTAGE PART, BUT BACK IN THE BACK, MORE QUIET, LOWER TRAFFIC. BUT I AM CONCERNED WITH THE AMOUNT OF ENTRY AND ACCESS . WELL, ACCESSIBILITY FOR THAT AREA, THAT IT WILL BECOME A CONGESTION ISSUE. AND IF YOU HAVE MORE STUFF, MORE HIGH-TRAFFIC, THEN IT IS GOING TO BECOME EVEN WORSE. SO THAT IS MY MAIN CONCERN, HOW IS IT GOING TO IMPACT THE TRAFFIC? HOW IS IT GOING TO IMPACT THE TRASH, THAT I HAVE A PROBLEM WITH. THAT IS PRETTY MUCH MY CONCERN. THE ONLY OTHER CONCERN, AND I WILL KEEP IT QUICK . ANOTHER THING WE NOTICED, WHEN THEY PUT IN THE GOLDEN CHICK, WE DID HEAR MORE NOISE. I WORRY ABOUT THERE BEING A PROBLEM WITH NOISE. NOT ONLY FROM THE TRAFFIC, BUT SOMETIMES THOSE SPEAKERS ARE PRETTY LOUD, TOO. I WILL WRAP IT UP WITH THAT. BUT THAT IS MY CONCERN, THANK YOU FOR YOUR

TIME. >> ANYMORE CARDS?

>> THAT IS ALL THE CARDS. >> WE ARE STILL IN THE PUBLIC COMMENT PERIOD FOR ITEM 19. IS THERE ANYONE ELSE WHO WOULD

LIKE TO SPEAK AT THIS TIME? >> I AM THE CURRENT OWNER OF

206, AND -- >> WHAT IS YOUR NAME?

>> JANE ESTES WETHERBEE . WE HAVE SAFE, HIGH-QUALITY , AND SAFE CHILDCARE FOR THE CITY OF ABILENE.

>> IT IS STILL PUBLIC COMMENT PERIOD.

>> GOOD MORNING, I AM FILLING IN AS AN AGENT. I KNOW THAT YOU HAVE THREE MINUTES. I WILL TRY TO TALK FAST. I WANT TO DISSECT THE EXISTING PD, AS IT EXISTS TODAY. I BELIEVE THERE ARE SIX ITEMS IN THAT PD, TWO PAGES LONG, THAT TALKS ABOUT USES.

SOME OF THE USES OUR OFFICE. SOME ARE RETAIL. CERTAINLY WHEN YOU CONSIDER, I THINK THAT WE HAVE CERTAINLY ESTABLISHED, THE WAY THAT IS WRITTEN IS VAGUE AND DIFFICULT TO ADMINISTER.

BUT IT IS NOT JUST OFFICE. IT IS A LOT MORE THAN OFFICE. AND THE OTHER ELEMENTS IN THAT PD, SETBACKS , LANDSCAPING, LIGHTING, ACCESS . I'M SORRY, I FORGET. SIGNAGE. THERE YOU GO. SO, WHAT WE ARE ASKING FOR IS THE STANDARD ZONING. THE ZONING ORDINANCE THAT WE HAVE IN PLACE NOW IS 97 PAGES LONG OF REGULATIONS, SPECIFIC TO ANY ZONING DISTRICT. WHEN YOU CREATE A PD, YOU ARE ESTABLISHING A NEW ZONING DISTRICT. SO IT IS VERY IMPORTANT TO GET THAT LANGUAGE RIGHT AND IT IS VERY IMPORTANT TO HAVE THE CLARITY AND VERY IMPORTANT TO ESTABLISH THE BASE ZONING. AND YOU KNOW THAT THE PD , THIS PD HAS NO BASE ZONING TO IT. I THINK IT IS VERY DIFFICULT IF NOT IMPOSSIBLE TO REFERENCE BACK TO THE EXISTING CODE TO ESTABLISH WHAT THOSE REGULATIONS ARE.

REGULATIONS THAT ARE PROVIDED, IN JUST THOSE TWO PAGES, WHAT I CAN TELL YOU IS THAT IF YOU LAY THOSE REQUIREMENTS, SIDE-BY-SIDE, WITH WHAT IS REQUIRED IN THE 97 PAGES OF THE LDC, THEY ARE MORE RESTRICTIVE, WHEN YOU MOVE TO THE STANDARD ZONING, SUCH AS THE ONE REQUESTED AS GR. NOW, I THINK

[00:40:01]

>> I WANT TO ASK YOU TO LIGHTED UP. STAY HERE, BECAUSE I THINK SOME OF US MAY HAVE QUESTIONS.

>> YES, SIR. LAST POINT. SO, WE TALKED ABOUT THE DISTANCE OFF THE ROAD. SOME THINGS CHANGE AS YOU MOVE OFF THE ROAD AND YOU GET FURTHER BACK THAT , THAT IS A SPLIT ZONING.

BY STANDARD PLANNING PRINCIPLES, THAT IS NOT APPROPRIATE. THAT IS SOMETHING THAT YOU STRIVE VERY HARD NOT TO DO. IT IS SOMETHING THAT CITY STAFF AND THIS COUNCIL HAVE ACTUALLY WORKED HARD, NOT TO SPLIT ZONE PROPERTY. WHAT IS SPLIT ZONING? IT IS A CHANGE IN USE ON A SINGLE TRACT OF LAND. BECAUSE OF THAT IT IS DIFFICULT TO DEVELOP, BECAUSE IT CHANGES, WHAT YOU CAN DO CHANGES. SO, THAT IS THE REASON THAT I REQUEST TO KEEP IT CONSISTENT ACROSS THE TRACT . WE DO NOT WANT TO HAVE THIS SPLIT ZONING. I WOULD BE HAPPY

TO ANSWER ANY QUESTIONS. >> THE RECOMMENDATION FROM STAFF , AT PLANNING AND ZONING , WAS FOR LOT 202 AND 206 TO BE NEIGHBORHOOD RETAIL APPEARED WHICH WOULD NOT ALLOW FOR , LIKE, THE DAYCARE OPERATION THAT WAS MENTIONED, WITHOUT HAVING A CONDITIONAL USE PERMIT, I BELIEVE. AND SO, THAT WAS WHY I HAD SUGGESTED, TO KEEP THE SAME SPLIT . AND IF A SPLIT IS NOT THE BEST USE, THEN HAVING -- THE ONLY WAY TO DO IT, BECAUSE IT IS CONDITIONAL USE , AS WELL. I JUST AM NOT COMFORTABLE WITH THE POTENTIAL OF EVERYTHING ALLOWED BY GR, LIKE THE GAS STATION, THE CONVENIENCE STORE, ALL THE WAY AT THE BACK OF THE PROPERTY, SURROUNDED COMPLETELY BY RESIDENTIAL. AND SO, THAT IS THE STRUGGLE THAT I AM TRYING TO OVERCOME, LIKE WITH THE FLAT GR ZONING AT THE BACK. SO, 202, 206, THAT WAS A PD , WITH THE DAYCARE, AND THE ART SCHOOL THAT WAS IN THE ORIGINAL PD. DOES THAT ALLOW FOR THE DEVELOPMENT THAT IS DESIRED? IN THAT PART OF THE PROPERTY? STILL WHILE PREDICTING -- PROTECTING THE HOMEOWNERS FROM THE MORE INTENSIVE GR USES I AM ASKING TAL . I WANT THE

OWNERS' PERSPECTIVE. >> OKAY, SO WE HAVE THREE SEPARATE TRACTS . IF THEY HAD DIFFERENT ZONING LOCATIONS, I THINK THAT WOULD ELIMINATE THE ISSUE OF THE SPLIT ZONING THAT

[00:45:05]

THAT IS NOT GOOD. I WILL SPEND , AND I HAVE SPENT, AN INORDINATE AMOUNT OF TIME , I TRULY BELIEVE THAT STANDARD ZONING ACROSS THIS PROPERTY, IN THE FORM OF GR , IS A WIN FOR EVERYONE INVOLVED, IT IS A WIN FOR THE STAFF. IT PROVIDES CLARITY. AND IT PROVIDES CONSISTENT USE. OBVIOUSLY, IT IS OUR REQUEST , SO IT IS A WIN FOR THE PROPERTY OWNER AND I KNOW THIS SENTIMENT IS NOT SHARED WITH THE NEIGHBORS. BUT I DO THINK THAT IT IS BETTER FOR THE NEIGHBORHOOD, THEN THE PD THAT EXISTS TODAY. NEIGHBORHOOD RETAIL -- AND, I THINK I KNOW THE ANSWER TO THIS QUESTION. I WANT ASK TIM, TO BE 100% SURE BEFORE ANY VOTES ARE MADE. IF A DAYCARE FACILITY IS ALLOWED IN NEIGHBORHOOD RETAIL, THEN I THINK NEIGHBORHOOD RETAIL , AT LOT 206, WOULD BE FINE. IT PROVIDES THE USE THAT WE NEED. BUT TO PROVIDE A SPLIT OF GR AND NEIGHBORHOOD RETAIL ACROSS LOT 202, I THINK IT IS BAD PLANNING. YOU KNOW, I HEARD DRAINAGE TALK ABOUT IT AND I TRY TO STEER CLEAR ABOUT TALKING ABOUT PUBLIC IMPROVEMENTS, AS IT RELATES TO LAND-USE. 97 PAGES OF REQUIREMENTS FOR ZONING, JUST LAND-USE, THERE ARE PROBABLY ANOTHER 300 PAGES OF REQUIREMENTS THAT NEED TO BE MET FOR TRAFFIC, DRAINAGE, ALL OF THE THINGS THAT HAPPEN AFTER LAND-USE IS DECIDED. I ALREADY HAVE DESIGNED A DETENTION POND ON THE FAR EAST SIDE OF THIS PROPERTY, NORTHEAST CORNER.

THAT DETENTION POND CANNOT GO AWAY. YOU HAVE TO PROVIDE THAT AS PART OF THE DEVELOPMENT OF ANY TRACT. OBVIOUSLY, THE DEVELOPMENT IS ANTICIPATED, IT IS ONGOING, THAT POND WAS PUT IN PLACE YEARS AGO AND I CANNOT REMEMBER THE EXACT DATE, YOU CANNOT PUT A BUILDING IN THAT, YOU CANNOT DEVELOP THERE. I TRIED TO STEER CLEAR, I HAVE NOT SAID THIS UP TO THIS POINT.

IN REALITY, THERE WAS A RETENTION POND BACK THERE THAT WOULD BE A VERY SIGNIFICANT BUFFER, EVEN BEYOND THE BUFFERING REQUIREMENTS THAT ARE REQUIRED.

>> NEIGHBORHOOD RETAIL ALLOWS FOR THE DAYCARE , DAYCARE OPERATIONS CENTER BASE , IF PERMITTED.

>> IN LOT 206 I THINK THAT IS GREAT . I THINK THAT STILL ALIGNS WITH , WITH, WITH THE DESIRE OF MY CLIENTS FOR PROPERTY AND IT DOES NOT CREATE THAT SPLIT ZONE.

>> WHAT ABOUT 202? WOULD NEIGHBORHOOD RETAIL BE

SUFFICIENT FOR THAT ? >> NO, SIR. GENERAL RETAIL.

>> IT WENT TO THE BACK FENCE LINE , I DO NOT KNOW HOW BIG THE DETENTION POND IS, I DID NOT DRIVE ONTO THE PROPERTY TO DRIVE BACK THERE, AND TRY TO SEE WHAT ACTUALLY WOULD IT BE?

>> PROBABLY , AGAIN, IT IS PROBABLY NOT FAIR TO TALK ABOUT THE DETENTION POND AS REALITY, IT IS THERE, IT IS GOING TO BE RELATING TO LAND USE, I THINK WE NEED TO TALK SPECIFICALLY ABOUT THE BUFFERING REQUIREMENTS. BUT ALL OF THOSE USES THAT ARE READY FOR THE PD, THEY CAN SIT ON THE FENCE LINE.

NO SEPARATION. ZERO SETBACK. ZERO. SO , YOU KNOW, THERE ARE SOME ADDITIONAL USES ALLOWED IN GR.

>> THERE IS NO SETBACK , OFFICES, DENTAL, ENGINEERING, ART GALLERY, DANCING SCHOOL, YOUTH ORGANIZATION. IT IS NOT

JUST A CONVENIENCE STORE. >> THE FRONT OF LOT 202 IS FRONTAGE ALONG BUFFALO GAP ROAD, IMMEDIATELY ADJACENT.

>> I THINK THAT IS THE SPLIT , AS MUCH AS WE ARGUE AGAINST

[00:50:04]

>> SHANE, YOU ARE CONCERNED ABOUT RETAIL, LIKE A GAS STATION THAT FAR BACK. I UNDERSTAND THE MECHANICS OF CAPITALISM AND BUSINESS, THEY ARE GOING TO DICTATE THAT PROBABLY SOMETHING THAT FAR BACK IS NOT GOING TO BE AS INTENSIVE. BECAUSE, YOU KNOW, IF YOU HAVE A GAS STATION, YOU DO NOT WANT IT THAT FAR OF A BUFFALO GAP. WITH THE GENERAL RETAIL, IN MY OPINION, NOW, IF WE CAN GET TO THE 206 RETAIL, AND THE REST , RETAIL. IF I AM UNDERSTANDING, THAT IS A WIN FOR YOUR CLIENT. IT GIVES THEM THE FLEXIBILITY TO DEVELOP THE REST OF THAT. NOW, WITHIN GENERAL RETAIL, YES, IT COULD BE A GAS STATION. BUT THERE ARE A LOT OF OTHER THINGS THAT CAN GO BACK THERE AS WELL. BUT TODAY, IF WE LEAVE IT AS IS, WE CAN PUT A BURGER KING RIGHT UP NEXT TO THAT BACK FENCE, IN THE VERY BACK PART OF THAT PROPERTY AND THERE IS NOTHING THAT CAN BE DONE ABOUT IT. AND THE PD ?

>> THE PD DOES NOT ALLOW THAT. IT CAN ONLY BE 600' FROM THE CENTERLINE OF BUFFALO GAP. YOU CANNOT GO ALL THE WAY IN THE

BACK. >> I THINK ECONOMICS, WELL, YOU WOULD NOT PUT A BURGER KING BACK THERE, BECAUSE IT DOES NOT MAKE SENSE. BUT, I THINK THAT THE 206, NEIGHBORHOOD RETAIL, AS TALKED ABOUT BY COUNCILMAN PRICE, THAT PUTS OTHER BUFFERING IN PLACE, ALONG THE BACK OF WOOD HOLLOW CIRCLE AND THE BACK OF HUNTER CIRCLE AND THE BACK.

>> FOR EXAMPLE, GENERAL RETAIL ALLOWS, BY RIGHT, THE DRIVEWAY THAT DRIVE-THROUGH FACILITY. FOR CONDITIONAL USE, IT ALLOWS FOR THE DRIVE-THROUGH RESTAURANT. THERE ARE OTHER THINGS BESIDES JUST A CONVENIENCE STORE. YOU'LL SALES ARE PERMITTED BY RIGHT, AND OTHERS IN THE NEIGHBORHOOD RETAIL. SO, THAT , I THINK , THERE ARE SOME PROTECTIONS WITH THE NEIGHBORHOOD RETAIL, I THINK , FOR ME, I DO NOT WANT TO MONOPOLIZE THIS CONVERSATION.

>> SHANE, YOU ARE SUGGESTING NEIGHBORHOOD RETAIL ON 206 OR

ON 202, AS WELL? >> I DO NOT KNOW. I AM HEARING, I, I AM UNCOMFORTABLE WITH GENERAL RETAIL ON 202. I AM HEARING FROM THE PROPONENT THAT THEY ARE UNCOMFORTABLE WITH EITHER SPLITTING IT. OR WITH JUST GOING NEIGHBORHOOD RETAIL, AS NOT BEING SUFFICIENT. AND SO, WHAT I AM HEARING IS AN IMPASSE. AND MAYBE I AM NOT CONVEYING THAT

VERY ACCURATELY. >> LISTEN, I REALLY APPRECIATE THE DIALOGUE. YOU KNOW, SO, WHEN YOU COMPARE WHAT YOU CAN DO , WITH THE CURRENT PD , AS COMPARED WITH WHAT YOU CAN DO WITH GR? SO, I AM NOT SURE THE DISTANCE , I WAS TRYING TO DO SOME MATH AND I HAD TO COME UP WITH WHERE 600 FEET WALLS, BUT LET'S SAY LOT 202. WE HAVE ESTABLISHED 206 , NEIGHBORHOOD RETAIL, IT WORKS FOR MY CLIENTS. YOU ARE TALKING ABOUT LOT 202. IT IS BOUND ON TWO SIDES BY RESIDENTIAL, NOT THREE, IT IS BOUND BY NEIGHBORHOOD RETAIL ON THE OTHER, ON THE SOUTH, IF THAT WERE APPROVED. THAT IS A REALLY SMALL PORTION OF THE OVERALL PROPERTY. IF YOU CONSIDER THE DETENTION POND BACK THERE, YOU CONSIDER THE IMPACT OF THE SPLIT ZONING, THERE WAS A LOT OF THOUGHT PUT INTO WHAT ZONING TO REQUEST, STANDARD ZONING TO REQUEST AND WHAT MADE SENSE. OBVIOUSLY, GENERAL RETAIL MAKES SENSE FOR A SIGNIFICANT PORTION OF 202. LOOK TO THE PROPERTY TO THE NORTH. I AM NOT SURE WHAT DEPTH THAT IS, BUT WE HAVE GR, ALL THE WAY TO THE NEXT INTERSECTION. FOR SURE, THAT DEPTH, GR IS APPROPRIATE. BUT WHEN YOU TAKE THE SQUARE, THE LITTLE SQUARE, LOT 202, AND YOU SAY, LET'S WEIGH ALL OF THE PROS AND CONS, THE PROS AND CONS OF WHAT IS ALLOWED IN THE CORNET PD AND WHAT CAN BE DONE, COMPARED WITH WHAT CAN BE DONE WITH GENERAL RETAIL? I THINK THAT , THE BENEFITS OUTWEIGH THE CONS , AGAIN, FROM MY PERSPECTIVE . AND , YOU ADD

[00:55:02]

THAT IS LEFT , IN 202, THAT WOULD FALL WITHIN GENERAL RETAIL THAT HE CAN DO A LOT WITH. BUT IT IS VERY DIFFICULT TO TAKE THAT LITTLE SLIVER OF PROPERTY AND DO SOMETHING WITH IT, WHEN IT IS A TOTALLY DIFFERENT USE THAN WHAT IS ALREADY ON THE TRACT OF LAND AT 202.

>> WE ARE IN OPEN SESSION. WE WILL RETURN TO EXECUTIVE

SESSION AT THIS TIME. ARE WE >> WE ARE STILL IN PUBLIC

COMMENT. >> IT IS NOW 9:42. WE HAVE RESIGNED FROM EXECUTIVE SESSION. NO VOTES OR ACTIONS WERE TAKEN IN EXECUTIVE SESSION. WE ARE STILL IN PUBLIC COMMENT PERIOD. DID ANYONE HAVE ANY QUESTIONS FOR

TAL? >> IF, JUST , YOUR PERSPECTIVE . BECAUSE YOU ARE REPRESENTING THE CLIENT, BUT YOU ARE NOT THE CLIENT, IF THERE WERE ENOUGH VOTES, WHEN WE GET TO THE POINT OF VOTING TO GET GR ACROSS THE WHOLE THING. NEIGHBORHOOD RETAIL, 202 , 206, WOULD THAT BE SUFFICIENT? OR SPLIT ZONING ? WITH GR COMING DOWN , I KNOW YOU HAVE STATED YOUR CONCERNS WITH SPLIT ZONING, BUT IF WE TOOK GR DOWN FROM WHERE IT IS RIGHT NOW ON THE MAP AND JUST CONTINUED THAT , WHERE THE FRONT PART WAS GR AND THE BACK PART IS NEIGHBORHOOD RETAIL. IT IS GR IN THE FRONT , AND ARE IN THE BACK. AND IF GR , IF THERE IS A MOTION MADE AND IT DOES NOT PASS .

>> WHERE WOULD THE DIVIDING LINE BE?

>> WHERE IT IS COMING DOWN THAT MAP, JUST CONTINUING THAT

LINE STRAIGHT. >> PARALLEL TO BUFFALO GAP , YOU ARE TALKING ABOUT, DIAGONAL, PARALLEL TO BUFFALO

GAP? >> IT WOULD BE A PRETTY SIGNIFICANT PROBLEM EVEN MORE SO THEN THE NORTH -SOUTH LINE.

THE NORTH-SOUTH LINE WOULD BE PREFERRED.

>> OKAY. BUT THAT WOULD BE WORKABLE FOR THE PROPERTY

OWNER? >> NO, SIR. I DO NOT BELIEVE

SO. >> IT NEEDS TO BE GR. I THINK IT CAN STICK WITH THE CURRENT PD, WHICH WOULD BE UNFORTUNATE AGAIN, 206 , NEIGHBORHOOD RETAIL IS FINE. I THINK 203, THERE IS STARBUCKS SITTING THERE. I WOULD EXPECT THE DEPTH OF GR , THAT WE HAVE CURRENTLY, BUT THAT BACK SQUARE, THAT NORTHEAST CORNER SQUARE . IT IS SUCH A SMALL PORTION OF THE PROPERTY. IT IS HARD FOR ME AND HARD FOR MY CLIENT TO SAY, YEAH , THAT WOULD BE FINE , WHEN IT IS GOING TO CREATE BIG PROBLEMS FOR DEVELOPMENT. IT IS DIFFICULT TO CHANGE USE AGAINST A SINGULAR TRACT. IT IS DIFFICULT AND I WILL NOT DIVE INTO ALL OF THE REASONS WHY. FROM A DESIGN PERSPECTIVE, APPLICATION, FOR US . WHEN WE COMPARE WHAT IS ALLOWED AND WHAT IS NOT IN PLACE IN THAT ORDINANCE, FOR THAT BACK SQUARE, BECAUSE IT SOUNDS LIKE WE ARE ALL GENERALLY AGREEING ABOUT GR, BACK IN THE SOUTHEAST CORNER, IT IS THAT SQUARE. THE DIFFERENCE BETWEEN GR , NR, IT IS NOT LARGE ENOUGH TO DO ANYTHING WITH, AS NR, AND IT CREATES A PROBLEM WHEN YOU ARE TRYING TO DEVELOP THAT TRACT. IT IS A SINGULAR LOT. THEN YOU ADD IN THE REQUIREMENTS OF BUFFERING. I BELIEVE, CORRECT ME IF I AM WRONG, TIM, THE BUFFERING REQUIREMENTS FOR NEIGHBORHOOD RETAIL ARE LESS CONSTRICTED THAN THEY ARE FOR GENERAL RETAIL. MEANING, THE BUFFER, IF YOU ZONE , AGAIN, WE ARE TALKING ABOUT THAT BACK NORTHEAST SQUARE . IF YOU WERE TO LEAVE IT TO PD, THERE IS ZERO BUFFERING. IF YOU WERE TO GO GR, IT REQUIRES 25 POINTS. I WILL TELL YOU, BASED ON EXPERIENCE . WE ARE WORKING ON

[01:00:01]

THAN GR. >> THANK YOU.

>> PAL , I KNOW WE KEEP THROWING THESE THINGS OUT ON YOUR MAP, THERE IS A REALLY THIN LINE, MAYBE THIS IS WHAT WE WERE TALKING ABOUT, THERE IS A REALLY THIN LINE AND IT RUNS ALL THE WAY UP FROM THE BOTTOM LEFT, THAT IS, TO MY KNOWLEDGE, THE 600 FOOT SETBACK, DO YOU SEE THE LINE THAT I AM TALKING ABOUT? THAT IS THE CORE THE OVERLAKE -- CORRIDOR OVERLAKE DISTRICT . WITH THAT LINE, TO THE EAST , WOULD THAT BE OKAY, NEIGHBORHOOD OFFICE, EVERYTHING TO THE WEST?

>> NEIGHBORHOOD RETAIL? >> I'M SORRY, NEIGHBORHOOD RETAIL. AND THAT IS A LITTLE BIT FURTHER EAST, THAT IS TAKING THE GR LINE, NOT BRINGING IT STRAIGHT DOWN AND NOT ANGLING IT. IT IS MOVING IT OVER A LITTLE BIT, THAT IS KIND OF A DEMARCATION LINE THAT WOULD REALLY PUT KIND OF THAT BOTTOM CORNER, IN THAT ENTIRE RIGHT HAND CORNER. BUT IT WOULD STILL LEAVE YOU THAT OTHER PORTION.

>> WELL, OBVIOUSLY, THAT IS NOT MY CLIENT'S PREFERENCE , BUT, AN ANGLED LINE IS GOING TO BE ALMOST IMPOSSIBLE BECAUSE YOU WERE TALKING ABOUT, IT WOULD BE DIFFICULT.

>> OKAY. >> I THINK SHANE ALLUDED TO THIS, WHAT ABOUT THE RED GR, THE DIAGONAL, IF THAT LINE WERE TO CONTINUE STRAIGHT DOWN, NORTH-SOUTH, WOULD THAT WORK FOR YOUR CLIENT , INSTEAD OF FOLLOWING BUFFALO GAP LOAD,

IT GOES STRAIGHT DOWN? >> YES, SIR. MY CLIENT'S DESIRE IS GR. IN TERMS OF THE LINE FOR SPLIT ZONING, ANY ANGLE IS A PROBLEM, IF , LIKE, FROM MY PERSPECTIVE , IF WE SAID TAKE THE WEST LINE OF 206 , THAT CREATES A NORTH-SOUTH LINE ON THIS PROPERTY THAT ALIGNS WITH THE EDGE OF NR AND 206 AND THAT SQUARE IS IN THERE. IF THAT IS APPROVED, THEN THE BUFFERING REQUIREMENT IS LESS.

>> SO, THE WESTERN EDGE OF 206 GOES STRAIGHT UP , TO 202? IS

THAT WHAT YOU WERE SAYING? >> CARRY THE WEST LINE OF LOT 206 AND GO STRAIGHT NORTH, ALONG THAT BEARING AND WE CAN PULL THE BEARING OFF THE PLAT, RIGHT? TO DEFINE THAT LINE, THEN EVERYTHING ON THE EAST SIDE OF THAT WOULD BE NR, BUT AGAIN, THAT , THAT IS THE SPOT WHERE YOU REALLY WANT THE BUFFERING NONE OF THIS OTHER BUFFERING, YOU ARE ABUTTING GENERAL RETAIL AND PROPERTIES THAT ARE ALREADY BUILT AS OFFICE AND GENERAL RETAIL. WE ARE TALKING ABOUT ADDING NEIGHBORHOOD RETAIL ON THE EAST SIDE, THE FAR EAST CORNER THAT HAS LESS BUFFERING. THAT IS, THAT IS THE SPOT. I MEAN, THAT EAST LINE , THAT IS PROBABLY THE MOST IMPORTANT SPOT.

>> WHAT IS THE DIFFERENTIATION , BETWEEN THOSE TWO OPTIONS? FROM WHAT YOU JUST DESCRIBED, AS FAR AS THE DISTANCE BETWEEN

BUFFERING? >> IT IS NOT REALLY DIFFERENCE . WELL, IT COULD BE. IT IS THREE THINGS. IT IS SPACE , NO

[01:05:03]

>> 15 POINTS. >> 15 POINTS ? YOU GO FROM 25 TO 15. SO, FOR 15 POINTS , YOU CAN GET 15 POINTS I BELIEVE WITH A MASONRY WALL. YOU CAN GET THAT MANY POINTS WITH PUTTING IT 25' ON CENTER. YOU HAVE TO DO MORE SPACE, MORE TREES, AND YOU HAVE TO DO OFFENSE, ALL THREE, TO EVEN THINK ABOUT GETTING TO 25 POINTS.

>> THE TRADE-OFF WOULD BE THAT THERE ARE MORE RESTRICTIONS ON WHAT CAN ACTUALLY BE BUILT THERE, NEIGHBORHOOD RETAIL,

VERSUS GENERAL, CORRECT? >> WELL, THE TRADE IS, GR ALLOWS A HANDFUL OF USES. BUT AGAIN, THAT HANDFUL OF USES, THE DIFFERENCE BETWEEN NR AND GR , THERE ARE A HANDFUL OF USES. SOME ARE ALREADY IN EVETTE WHITEHEAD, AS TIM WAS OUTLINING AT THE BEGINNING. THEY CANNOT BE PUT IN WITHOUT IS COMING BACK. IT WOULD ONLY BE THAT SLIVER OF USES. I CANNOT HONESTLY PUT A NUMBER TO IT. I DON'T WANT TO MISLEAD ANYBODY. BUT THERE ARE JUST A HANDFUL OF USES THAT EITHER, ONE, DO NOT FALL UNDER THE PD, THAT ARE ALLOWED BY USE, BUT ARE NOT ALREADY ALLOWED BY NR.

>> ONE OF THE CONCERNS, TAL, IS WITH GR. THE THINGS THAT WOULD BE ALLOWED, BY RIGHT , ALL THE WAY TO THE BACK OF THE PROPERTY, THINGS LIKE GAS STATIONS, LIKE SHANE MENTIONED. COMMERCIAL ANTENNAS. RESTAURANTS, LIQUOR STORES , GARAGE SALES , ITINERANT BUSINESSES, MANUFACTURING, MOBILE HOMES, TEMPORARY SECURITY. I MEAN, THERE IS THIS WHOLE TYPE OF THING, NORMAL PLANNING, CORRECT ME IF I AM WRONG ABOUT THIS, BUT NR IS DESIGNED TO BE THE BUFFER BETWEEN GR AND RESIDENTIAL , ROBERT, IS THAT

CORRECT? >> NEIGHBORHOOD RETAIL IS INTENDED TO BE A USE THAT IS MORE COMPATIBLE ABUTTING THEN GR, HOWEVER, YOU CAN FIND NUMEROUS EXAMPLES OF PRICE -- GR ABUTTING RETAIL. THROUGHOUT THE CITY OF ABILENE , THAT IS THE INTENT. THAT IS THE PHILOSOPHY. IT IS LESS INTENSE. A RETAIL ZONE THAT IS MORE COMPATIBLE WITH

RESIDENTIAL USE. >> WE ARE NOT ALLOWED TO CONSIDER THAT, BECAUSE IT BECOMES A BY RIGHT ISSUE. I SHARE SHANE 'S CONCERN . IF WE WERE TO VOTE TO CHANGE IT TO GR, ANYTHING LESS THAN ACCEPTABLE USE FOR GR ZONING GOES THERE. IT COULD BE SOLD, I MEAN, THERE ARE ALL THESE OTHER THINGS THAT COULD HAPPEN AND I THINK THAT IS WHAT THEIR

CONCERNS ARE. >> AGAIN, I UNDERSTAND THAT. I MIGHT ADD, THE DIFFERENCE BETWEEN NEIGHBORHOOD AND GENERAL RETAIL, IT WAS CREATED IN 2008. IT DID NOT EXIST BEFORE THEN, BUT IT WAS CREATED TO BE IN A RESIDENTIAL NEIGHBORHOOD, OKAY, THERE HAS ALWAYS BEEN THIS MISCONCEPTION, NEIGHBORHOOD RETAIL IS TRANSITIONAL ZONING. NOT REALLY. IT IS INTENDED TO BE PART OF THE MIXED USE -TYPE DEVELOPMENTS, RIGHT ? YOU INTERJECT NEIGHBORHOOD RETAIL.

AT THE TIME, THERE WERE A LOT, LET'S SAY A HANDFUL , OF CHURCHES THAT WERE IN THE NEIGHBORHOODS. NOT ON THE EDGE, NOT, NOT NEXT TO THE ARTERIAL, BUT NEXT OF THE SCHOOLS. IF THOSE ARE NO LONGER A CHURCH OR A SCHOOL, WHAT IS ALLOWED? YOU HAVE TO TURN -- TEAR EVERYTHING DOWN AND IT CAN ONLY BE RESIDENTIAL? NO. YOU NEED TO CREATE A DISTRICT THAT ALLOW OTHER USES THAN RESIDENTIAL IN THE MIDDLE OF A NEIGHBORHOOD AND GENERAL RETAIL IS ACCEPTABLE, ESPECIALLY WHEN YOU ARE NEXT TO ARTERIALS , EXPRESSWAYS, COLLECTORS, THE MAJOR THOROUGHFARES IN TOWN AND THE WAY WE MAKE IT PALATABLE,

[01:10:02]

>> THE PURPOSE OF THE COMMERCIAL RETAIL IS TO ACCOMMODATE A LIMITED RANGE OF OFFICE ACTIVITIES THAT ARE NEEDED TO SERVE THE NEIGHBORHOOD AREA. THE ME -- DESIGNS ARE COMPATIBLE WITH RESIDENTIAL USES, IN THE DISTRICT, THEY ARE IN FACT LEADING THE DAY-TO-DAY RETAIL NEEDS WITH FOOD, PHARMACEUTICALS , AND OTHERS.

IT SHOULD OCCUR WITH ME MORE MAJOR THOROUGHFARES AND COLLECTORS. I STAND BY MY ORIGINAL COMMENT, I WAS ADHERING TO THAT. IN 2008, YOU COULD VERY WELL BE THAT, WHEN THIS WAS DONE, THERE WAS A DESIRE TO HAVE THE MIXED USE ZONING DISTRICT, BUT YOU CANNOT HAVE HOUSING IN THE NEIGHBORHOOD RETAIL AREA. BUT TRADITIONAL PLANNING, AND PRINT 24, WITH A BUFFER AREA, WITH LESS INTENSITY, THAT YOU PUT NEXT TO A RESIDENTIAL AREA. IT IS JUST NOT AS INTENSE AS A GENERAL RETAIL, THAT IS THE PHILOSOPHICAL APPROACH BEHIND

IT. >> ANY MORE QUESTIONS FOR TAL ? COMMENT PERIOD. IS THERE ANYONE ELSE WOULD LIKE TO SPEAK AT

THIS TIME? >> GOOD MORNING. MY NAME IS GARY. I AM A RESIDENT . I AM NOT IN THE AREA WHERE THAT IS UP TO, BUT I AM IN THE COORDINATOR -- CORRIDOR ZONE . MY WHOLE PROBLEM , I CAN TELL YOU, IS THE TRAFFIC. I LIVE RIGHT AT THE END OF THAT LITTLE ISLAND RIGHT THERE. EVEN THIS MORNING I HAD TO WAIT FOR THREE CARS THAT WERE COMING DOWN THERE, DOING A TURNAROUND, BECAUSE THE TRAFFIC IS SO BAD ON BUFFALO GAP ROAD. FORGET ABOUT TAKING THAT LEFT AT WOOD LAKE AT THOSE TIMES, YOU JUST CANNOT DO IT. THE THING, YOU KNOW, I HAD , I HAD EMAILED ALL OF YOU, AS FAR AS GOING BACK TO MAYBE WEAR SOME OF THIS WAS FIRST DEVELOPED, AS FAR AS THE STUDY THAT THE PLANNING OF ABILENE DID, IN 1994, AS FAR AS SECTIONS 1, TWO, THREE, AT THE BUFFALO GAP CORRIDOR. I HOPE YOU ALL TO LOOK AT THAT. IT SHOWED TRAFFIC COUNTS, POPULATIONS, AND IT SENT OUT 500 QUESTIONNAIRES TO PEOPLE IN THE CORRIDOR. AND 170 OF THEM CAME BACK AND THE PROBLEM WAS TRAFFIC, NOISE AND THE LIKE. IN THAT STUDY, BACK IN 1994, IN SECTION 2, WHERE THIS IS, IT SAID , DO NOT DO COMMERCIAL LIKE THAT. OR HAVE VERY LIGHT COMMERCIAL BUFFERING. YOU KNOW? ALL OF THE LIGHTS THAT WERE THERE ON BUFFALO GAP NOW, THEY WERE THERE THEN. IT WAS THE SAME THING, EXCEPT FOR CHIMNEY ROCK. THAT LIGHT HAD BEEN APPROVED TO BE PUT IN. AND IT SAID THAT THE HAVE COMMERCIAL IS AT THAT INTERSECTION OF CHIMNEY ROCK AND BUFFALO GAP, BUT FOR THE REST OF IT, FOR SAFETY, IF YOU START ADDING LIGHTS, THEN THE AD TRAFFIC JAMS, OR TRAFFIC CONGESTION ALONG BUFFALO GAP. THAT IS ONE OF THE ONLY ARTERIES TO GET BACK INTO TOWN. I MEAN, YOU NEED TO BE THINKING ABOUT HOW TO GET EVERYBODY IN AND OUT OF THE NEIGHBORHOODS. AND THIS, THIS IS CONGESTION, WHERE, RIGHT THERE AT VENICE, WHERE THIS EXITS. IF YOU PUT RETAIL COMMERCIAL AND YOU ADD THE TRAFFIC, YOU ARE ADDING A PROBLEM, YOU ARE ADDING A HAZARD TO THE FIRE STATION DOWN THE ROAD TO BE HERE, BILLING THAT WAY, ALL THE TIME, AND BLOWING THEIR HORN , YOU ARE GOING TO END UP HAVING TO PUT A LIGHT AT THAT, I TELL YOU. IF YOU START ADDING HEAVY COMMERCIAL IN THAT TRACT. AND THAT IS A MAJOR CONCERN TO ME.

MY FAMILY MEMBER DOWN THE ROAD , THEY MAY NEED THAT FIRETRUCK OR AMBULANCE. I CAN GUARANTEE, THESE RESIDENTS, THEY COME DOWN WOULD LIKE ALL THE TIME. IF THEY WANT TO TAKE A LEFT, FORGET IT, THEY NEED TO GO AROUND THE GOLF COURSE, YOU KNOW? YOU TALK ABOUT THE DAYCARE IN THERE, I CAN TELL YOU, THE DAYCARE DOWN THE STREET, OR JUST ON THE OTHER SIDE OF IT, I HAVE TWO GRANDKIDS THERE. IN THE EVENING, WHEN MY DAUGHTER PICKS THEM UP, IF SHE WANTS TO GO BACK OUT TOWARD THE WILY DISTRICT, FORGET ABOUT IT. SHE HAS TO GO AROUND. THIS WILL ADD TRAFFIC, WHICH IS A HAZARD. IF

[01:15:07]

>> THANK YOU. WE ARE STILL IN THE PUBLIC COMMENT PERIOD.

>> I AM CHARLES CARTER, I LIVE AT 3010 AT THE CIRCLE. WE HAVE BEEN LOOKING FOR THREE OR FOUR MEETINGS, FOR THE 203, 202, 206, NOTHING THAT WE RECEIVED AS RESIDENTS EVER HAD THOSE NUMBERS ON THEM. YOU ARE ALL TALKING ABOUT THAT TODAY.

IF WE CANNOT SEE THIS, WE DO NOT HAVE SOMETHING IN FRONT OF US, WE DON'T EVEN KNOW WHAT YOU WERE TALKING ABOUT. WE ARE SORRY. BUT IT LOOKS LIKE TO ME, THAT JUST, JUST, INDEED, IN THE CONVERSATION THAT WE HAD TODAY. THERE IS A LOT OF NEW INFORMATION THAT IS OUT THERE. THAT IS, IS -- HASN'T BEEN TALK ABOUT, HORIZONTAL, NORTH-SOUTH LINES, WHATEVER, IT LOOKS LIKE , TO ME, THERE IS A LOT OF INFORMATION THERE THAT WE ALL NEED TO KIND OF BE ON THE SAME PAGE WITH. AND SO, IT MIGHT BE A GOOD TIME TO, TO TABLE IT . WHEN WE HAVE SOME , WHEN WE HAVE SOME BETTER IDEAS ABOUT WHAT IS GOING ON, I AM NOT TELLING YOU WHAT TO DO. THAT IS NOT WHAT I AM TRYING TO DO. BUT, A LOT OF THE TIME, THIS IS A VERY TENSE SITUATION. I GUESS WE HAVE ALL FIGURED THAT OUT. AND WE WOULD JUST LIKE TO MAKE SURE THAT WE ALL KNOW WHAT WE HAVE GOT. WE HEAR SOMEBODY ON ONE SIDE , THEY SAY, WELL, WE HAVE, WE HAVE STANDARDS. AND THEN THE OTHER SIDE SAYS, WELL, WE DO NOT HAVE STANDARDS. AND THEN WE HAVE DOCUMENTS THAT SAY WE DO, AND THEY DON'T. SO, IT IS KIND OF HARD TO KNOW EXACTLY WHERE WE STAND. AND I KNOW THAT YOU ALL HAVE TO MAKE THE DETERMINATION WHERE YOU THINK YOU STAND, WITH WHAT YOU HAVE GOT THERE, TOO. AND SO, IT CUTS BOTH WAYS. SO, WE DO APPRECIATE YOUR TIME AND YOUR EFFORT, BECAUSE THIS IS NOT AN EASY

JOB. THANK YOU. >> THANK YOU.

>> YES, SIR. >> IS HE SPEAKING?

>> MY NAME IS FRED I LIVE ON 3134 GLEN COVE AND MY BACKYARD WOULD BE ADJACENT TO, I BELIEVE, 206. UP UNTIL NOW, I HAVE REALLY ENJOYED MY BACKYARD. IT IS A NICE PLACE TO BE. I AM NOT SURE THAT IT'S GOING TO BE THE CASE OF GENERAL RETAIL IS ALLOWED. MY BIG QUESTION IS THIS. CAN SOMEBODY TELL ME, I AM MAYBE BEHIND THE GAME ON THIS, IS THE BUFFERING UNDER GENERAL RETAIL? WHAT IS THE AMOUNT OF FEET?

>> SO, THERE IS NO NECESSARILY SET DETERMINATION.

IT IS A POINT -BASED SYSTEM. THERE ARE AT LEAST 5' REQUIRED AND YOU CAN HAVE ACCOMMODATION OF ELEMENTS TO GET POINTS. A VERY SIMPLE WAY OF DOING IT COULD BE THE 6' FENCE, WITH 20 ' OF SPACE BETWEEN THE PROPERTY LINE.

THAT WOULD MEET THE REQUIREMENT. THE FENCE WOULD GIVE YOU 10' , YOU CAN HAVE AN ADDITIONAL 15' OF SPACE AND THAT WOULD GET YOU TO 25 '. YOU COULD DO A MASONRY WALL, SO THEN YOU COULD GET 15 POINTS. THEN YOU COULD DO SOME TREES . IT IS VERY HARD TO SAY, DEFINITIVELY, THIS IS HOW MUCH THE BUFFER ZONE WOULD BE, BECAUSE IT IS A POINTS -BASED SYSTEM. THE MOST COST-EFFECTIVE WAY TO DO THAT WOULD BE TO BUILD THE 6 ' WOOD FENCE , THAT WOULD MEET THE BUFFER REQUIREMENT. THE CORRIDOR HAS A SIMILAR REQUIREMENT OF 20' THAT COULD BE MET WITH THE 6' TO 7'

FENCE . >> MY CONCERN, SIR, YOU HAVE MENTIONED WHAT THE GENERAL RETAIL WOULD ALLOW, AS FAR AS

[01:20:04]

YOU HAVE THAT HANDY ? >> I WILL GET IT UP ON THE

SCREEN, PERMITTED USES. >> EVERYTHING WITH A P IS ALLOWED, IF IT HAS A C , THEN IT REQUIRES COMING BACK BEFORE

CITY COUNCIL. >> I THOUGHT I HEARD SOMETHING

ABOUT A MICROWAVE POWER. >> THAT WOULD REQUIRE

CONDITIONAL USE PERMIT. >> IT WOULD BE ALLOWED,

CORRECT? >> IF APPROVED.

>> I AM A LITTLE BIT CONCERNED, I HAVE NOT HAD TIME TO READ ALL OF THIS OVER. BUT I AM A LITTLE CONCERNED THAT A BUFFER OF 20-25' AND A FEW TREES IS GOING TO ACCOMPLISH THE TYPE OF QUALITY NEIGHBORHOOD THAT WE HAVE BEEN USED TO THERE. SO, THIS IS A HEAVY DECISION THAT YOU GUYS ARE FORCED TO MAKE. I WOULD APPRECIATE YOU RESPECTING OUR PROPERTY RIGHTS FOR A NICE NEIGHBORHOOD IN ABILENE. THANK

YOU. >> WE ARE STILL IN THE PUBLIC COMMENT PERIOD. TAL, TAL, HOLD ON. HOLD ON. I WILL CALL YOU IF THERE ARE ANY MORE QUESTIONS. I APOLOGIZE. SO.

>> MY NAME IS RACHEL, I LIVE AT 3134 WOODLAND COVE , IT WOULD BE BEHIND THE ONE BOUGHT THAT IS IN QUESTION. I THINK THE BIG ISSUE HERE IS TRANSPARENCY. AS NEIGHBORS, WE HAVE NOT BEEN TOLD THE DIFFERENT THINGS THAT HAVE COME IN. AND , FROM WHAT I AM READING, THE PD, THE PLANNED DEVELOPMENT, AS IT CURRENTLY READS, THE GOLDEN CHICK SHOULD NEVER HAVE HAPPENED. IT IS A FAST FOOD RESTAURANT, DEFINITELY , DEFINITELY. STARBUCKS , I DON'T KNOW. MAYBE IT IS A SPECIALTY STORE, MAYBE IT IS A FAST FOOD RESTAURANT.

BUT IN ANY CASE, THOSE THINGS HAPPENED WITHOUT THE NEIGHBORHOOD'S KNOWLEDGE. SO , MY BIG CONCERN IS, IF IT GOES TO GENERAL RETAIL, WHICH IS EVEN LESS RESTRICTED, WHO KNOWS WHAT IS GOING TO GO IN THERE? AND WE DO HAVE A NICE NEIGHBORHOOD, BUT IT IS BEING ENCROACHED UPON BY ALL OF THE TRAFFIC AND ALL OF THE NOISE AND ALL OF, WHO KNOWS WHAT IS GOING TO COME IN? SO, AGAIN, I APPRECIATE ALL THE TIME, EFFORT, AND CONSIDERATION THAT YOU PEOPLE ARE TAKING TO PROTECT OUR NEIGHBORHOOD AND HELP IT REMAIN A PLACE THAT IS ENJOYABLE TO LIVE. I AM NOT SURE A DAY CARE IN MY BACKYARD IS GOING TO BE AN ENJOYABLE PLACE FOR ME TO CONTINUE TO LIVE OR FOR SOMEONE ELSE TO LIVE. AGAIN, PLEASE, PLEASE KEEP THIS A LOW-TRAFFIC, LOW-INTENSITY DEVELOPMENT AREA FOR THE NEIGHBORHOOD. THANK YOU.

>> IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK AT THIS TIME? THANK YOU. IS THERE ANYONE ELSE? SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING. COMMENTS FROM COUNCIL?

>> TO SUMMARIZE MY UNDERSTANDING. WE HAVE THE BALANCE OF GR , MORE OPTIONS OF WHAT CAN GO IN, GOOD OR BAD.

BUT, BECAUSE WE HAVE MORE OPTIONS, WE ALSO REQUIRE MORE OF A BUFFER. SO, FOR THOSE NEIGHBORS WHO SAY, OH, WE HAVE SOMETHING WE DON'T LIKE. IT IS BALANCED OUT BY HAVING A HIGHER POINT SYSTEM AND A BETTER BUFFER. THE OTHER OPTION, NEIGHBORHOOD RETAIL. YOU LIMIT THE OPTIONS OF CAN ACTUALLY GO IN THERE AND IT MAY STILL BE THE SAME THING THAT WAS GOING TO GO IN UNDER GENERAL RETAIL. AND IT MAY NOT LET YOU RESTRICT WHAT COULD POSSIBLY GO IN THERE. THAT IS THE ADVANTAGE. THE DOWNSIDE IS, YOUR BUFFER POINT SYSTEM GOES DOWN, THE RATIONALE, I ASSUME, THEY HAVE RESTRICTED USE, SO THEREFORE , THEY DO NOT NEED THAT MUCH OF A BUFFER IN THE NEIGHBORHOOD ZONE. THERE WAS A TRADE-OFF WITH GR, NEIGHBORHOOD

[01:25:01]

STILL HAVE SOME BUFFER. BUT THEN, THE 202, THAT MIDDLE SECTION OF 202, GR, BUT THE BENEFIT TO THOSE NEIGHBORS, THEY GET THE BETTER BUFFER SYSTEM, FOR LACK OF A BETTER WORD, IS THAT, WAS THAT, WHAT YOU ARE THINKING, SHANE?

>> THE CORRIDOR OVERLAY HAS THE MINIMUM SETBACK, THE SCREENING , AND THE 6' SOLID WALL, THE FENCE. AND THE WAY IT IS WRITTEN, IT APPLIES TO THE WHOLE PROPERTY, NOT JUST THE 600' SETBACK. IF IT APPLIES TO PART OF THE PROPERTY, IT APPLIES TO THE WHOLE PROPERTY. SO, THEY HAVE THE SETBACK REQUIREMENT, THE SCREENING REQUIREMENT, IT APPLIES, BASED ON WHAT I AM READING RIGHT THERE.

>> I WOULD LOVE TO KNOW MORE.

>> WHETHER IT IS GR, OR PD. >> IT STILL COMES INTO PLAY,

BECAUSE IT IS BASED ON USE. >> IS THAT TRUE, 10? OR TAL ? REQUIRED THROUGH THE ENTIRE PD. IT SPECIFICALLY STATES

THAT IN THE PD. >> THE BUFFERING REQUIREMENTS ARE THE SAME IN THE CORRIDOR REQUIREMENT?

>> THEY ARE NOT. IT SPECIFIES A 20' BUFFER AND 6-7 ' FENCE.

CONSIDER IT 20 ' FIELD WITH A FENCE. THE TYPE B BUFFER IS COMPLETELY DIFFERENT, IT COULD LOOK LIKE THAT, BUT IT COULD LOOK MORE ATTRACTIVE PERHAPS OR LESS ATTRACTIVE.

>> I LIKE , YOU KNOW , WE HAVE, MANY TIMES -- AND WE CAN, I KNOW WE CAN SPLIT ZONING. I KNOW THAT ENCUMBERS UPON FUTURE COUNCILS , WHEN A FUTURE LANDOWNER WILL HAVE TO COME BACK AND REZONE SOMETHING, BECAUSE THE SPLIT GOES RIGHT DOWN THE MIDDLE OF THE BUILDING. YOU KNOW? I FEEL COMFORTABLE AND I THINK THAT THE CLIENT, OR, YET, THE CLIENT FEELS COMFORTABLE WITH LOT 206, AS NEIGHBORHOOD RETAIL, AND THEN EVERYTHING ELSE, GENERAL RETAIL, I THINK THAT, THAT IS , I THINK, I THINK, ECONOMICS WILL STILL PUSH THE GENERAL RETAIL, THAT IMAGINARY LINE, AND IT PUSHES THE GENERAL RETAIL WEST OF THAT ANYWAY, JUST BECAUSE OF BUSINESS AND WE ARE NOT ENCUMBERING UPON THE FUTURE LANDOWNER OR FUTURE COUNCIL TO HAVE TO COME BACK IN AND FIX THAT UP, WHILE STILL MEETING THE NEEDS TO HAVE 206 AS DETAIL AND THE REST AS GENERAL RETAIL.

>> ANY FURTHER COMMENTS? >> I DO NOT AT ALL FAVOR SPLITTING THE ZONING FOR THIS. I THINK THAT, I'M SORRY.

THE, THE PROPOSED CHANGE TO GENERAL RETAIL, GIVEN THE, THE, THE ODD SHAPE OF THE LOT, AND THE DEPTH OF THE LOT , PRECLUDES A LOT OF THE MORE INTRUSIVE USES . FROM A PRACTICAL STANDPOINT, NOBODY IS GOING TO PUT THE GAS STATION 1000' OFF THE ROAD. THAT IS JUST NOT GOING TO HAPPEN. WE

[01:30:05]

IT IS A REAL THING AND I THINK IT IS ALMOST A SEPARATE ISSUE .

WE NEED TO HAVE A DISCUSSION ABOUT WHAT IS THE FUTURE OF THAT, THEY ARE WORKING DOWN TO CHIMNEY ROCK, IS THERE A NEXT PHASE FOR GOING FROM CHIMNEY ROCK TO WHEREVER THEY ARE PLANNING TO GO, YOU COULD ARGUE, RIGHT? IF YOU LOOK , CAN YOU PUT THE GENERAL RETAIL USES SLIDE BACK UP, PLEASE? OUTSIDE THAT , WITHIN THE 600 FEET , THE PD ALREADY ALLOWS SPECIALTY STORES, RESTAURANTS , FITNESS CENTERS , HEALTH CLUBS , CHILDCARE FACILITIES , THAT IS ALL IN THERE AND THERE IS PLENTY OF ROOM TO PUT THAT THERE WITH NO CHANGE, WITHOUT ASKING. BUT, OUTSIDE OF THAT, YOU COULD ALSO DO THIS LIST OF OFFICES, ART GALLERIES, AND SOMETHING CALLED EDUCATIONAL USES . AGAIN, THIS PD WAS WRITTEN 30 YEARS AGO AND THE THINGS THAT THEY ARE TALKING ABOUT ARE POORLY DEFINED. FOR EXAMPLE, SPECIALTY STORE HAS NO DEFINITION IN OUR LAND-USE CODE. SO, WHEN GOLDEN CHICK COMES UP AND SAYS, HEY, WE SPECIALIZE IN CHICKEN, THERE IS NOTHING TO SAY THAT IS NOT A SPECIALTY STORE. WHEN STARBUCKS SAYS, WE SPECIALIZE IN COFFEE , IT KIND OF SOUNDS LIKE A SPECIALTY STORE. THESE THINGS HAVE GOTTEN INTO THE PD BECAUSE IT IS UNDEFINED. YOU THINK THE PD IS PERFECTLY WELL-DEFINED AND I THINK IT IS NOT AND THIS IS THE DEMONSTRATION OF WHY WE NEED TO CLEAN THIS UP. THE BEST PROTECTION FOR THE PEOPLE THAT LIVE THERE IS TO PROVIDE THE MAXIMUM BUFFER. AND I THINK GENERAL RETAIL ACCOMPLISHES THAT AND THAT IS WHAT THE DEVELOPER WHO ACTUALLY OWNS THE LAND AND WANTS TO USE THIS LAND THAT THEY OWN, THAT IS WHAT THEY WANT. AND THEY ARE WILLING TO BEAR THE COST OF THE ADDITIONAL BUFFER. SO, FOR ME, EDUCATIONAL USES , YOU COULD PUT CHILDCARE. LOOK AT THE PERMITTED USES IN GENERAL RETAIL ZONING, IT SAYS EDUCATIONAL, RELIGIOUS, CHURCH, DAYCARE, SCHOOL, TRADE SCHOOL, UNIVERSITY OR COLLEGE. IS THAT EDUCATIONAL USES ? IT KIND OF SAYS THAT. HOWEVER, THIS IS POORLY DEFINED. DOES IT IMPLY THAT ALL EDUCATIONAL USES ARE INCLUDED UNDER THE PD? I DON'T KNOW. NOW YOU ARE GOING BACK TO THE STAFF TO HAVE THEM MAKE A DECISION OR COME BACK TO PLANNING , ZONING, OR THE CITY COUNCIL. WE HAVE EXISTING CODES AND THIS PREDATES THOSE AND IT IS A PROBLEM, AND IF WE DO NOT STRAIGHTEN THIS OUT, WE ARE JUST GOING TO HAVE THE DISCUSSION OVER AND OVER AND OVER. FOR ME, THE BEST SOLUTION TO THIS IS TO GRANT THE

[01:35:02]

RETAIL. THAT'S IT. >> ANY FURTHER COMMENT? IF NOT , I WILL ACCEPT A MOTION OF SOME KIND.

>> I WILL MAKE A MOTION, PER THE RECOMMENDATION OF PLANNING AND ZONING, THAT WE REZONE TO GR.

>> IS THERE A SECOND? >> I HAVE A MOTION BY COUNCILMEMBER MCALISTER AND A SECOND BY COUNCILMEMBER YATES

. >> I AGREE THIS IS A MESS AND I AM UNCOMFORTABLE WITH THE SOLUTION, PERSONALLY.

>> WE ARE READY TO VOTE. >> COUNCILMEMBER MCALISTER ?

>> COUNCILMEMBER CRAVER? >> JUST SO I AM AWARE AND CLEAR, WE ARE VOTING ON STRICTLY GR ?

>> THAT IS THE RECOMMENDATION OF P&Z.

>> OKAY. YES. >> MAYOR PRICE?

>> NO. >> COUNCILMEMBER REGAN ?

>> NO. >> COUNCILMEMBER YATES?

>> NO. >> THE MOTION FAILS.

>> I MAKE A MOTION THAT WE TAKE THE P&Z RECOMMENDATION TO MAKE 206B RESIDENTIAL RETAIL. WE HAVE A MOTION BY COUNCILMEMBER KYLE MCALISTER. IS THERE A SECOND ? MOTION FAILS , FOR LACK OF A SECOND.

>> OKAY, THEN I WILL MAKE A MOTION THAT WE MAKE IT GENERAL RETAIL, EXCEPT WE EXTEND THE WESTERN LINE OF LOT 206 ALL THE WAY TO THE NORTH LINE , THAT HEADS EAST-WEST. AND EVERYTHING FROM THAT LINE, WEST, IS GENERAL RETAIL AND EVERYTHING FROM THAT LINE, EAST, IS NEIGHBORHOOD RETAIL.

>> DOES EVERYONE UNDERSTAND THAT MOTION, OF WHERE THE LINE

WOULD BE? >> THE WESTERN EDGE OF LOT 206 , JUST BEFORE IT MAKES THAT NORTH JOHN ?

>> NOT FOLLOWING THE EXISTING GR, BUT FURTHER EAST.

>> NOT FOLLOWING ? >> OH, YES, ON LOT 206, THE

WESTERN EDGE. >> THE WESTERN EDGE, YOU ARE NOT FOLLOWING THE EXISTING GR.

>> CORRECT. I SEE WHAT YOU ARE SAYING, GO STRAIGHT UP THERE.

BEEN PLACING THAT SPECIFIC OR ANY OTHER SPECIFIC ALTERNATIVE ON THE AGENDA, ARE WE GOOD WITH THIS, BECAUSE IT IS A LESS

INTENSIVE USE? >> NEIGHBORHOOD RETAIL IS LESS

INTENSIVE. SO IT IS ALLOWED. >> IT IS ALLOWED?

>> DOES EVERYONE UNDERSTAND THE MOTION?

>> I AM UNCLEAR. ARE WE MOVING DUE NORTH FROM THE WESTERN EDGE OF 206 OR DUE SOUTH FROM THE EASTERN EDGE OF THE

EXISTING GR RETAIL? >> THE WESTERN EDGE OF 206 GO

STRAIGHT UP >> DUE NORTH, UNTIL IT HITS THE

ZIGZAG? >> YES.

>> I HAVE A MOTION BY COUNCILMEMBER MCALISTER, DOES EVERYONE UNDERSTAND ? DO I HAVE A SECOND? I HAVE A SECOND BY COUNCILMEMBER REGAN. WE ARE READY TO VOTE.

>> COUNCILMEMBER ? >> NO.

[01:40:04]

>> NO. >> COUNCILMEMBER YATES?

>> YES. >> MOTION FAILS.

[EXECUTIVE SESSION]

>> MOTION FAILS. >> WE WILL NOW MOVE TO ITEM 20.

EXECUTIVE SESSION. AND IT IS NOW 10:27. WE WILL RECESS INTO EXECUTIVE SESSION, PURSUANT TO THE CONSULTATION WITH THE ATTORNEY, 551.071, 551.072 , 551.073, 5 BY 1.074, PERSONAL MATTERS

[RECONVENE]

>> IT IS NOW 10:53 A.M. AND WE WILL RECONVENE FROM EXECUTIVE SESSION. NO VOTES OR ACTIONS WERE TAKEN. IT IS NOW 10:53 A.M. AND THIS MEETING OF THE ABILENE CITY COUNCIL IS

* This transcript was compiled from uncorrected Closed Captioning.