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[00:00:01]

OKAY. IT IS 130. WE WILL GET STARTED. I WOULD LIKE TO POINT OUT BEFORE WE CALL, GET TO THE INVOCATION AGENDA ITEM NUMBER FOUR, WHICH IS ZONING CASE 2020 602 RELATED TO A PROPERTY AT 2200 JAMESON STREET.

THERE WAS AN ERROR MADE WITH THE NOTICE ON THAT.

AND SO THAT AGENDA ITEM, AGENDA ITEM NUMBER FOUR HAS BEEN HAS BEEN REMOVED.

AND IT WILL COME BACK IN A FUTURE IN A FUTURE MEETING.

YES, MA'AM. IT'S HARD TO HEAR YOU. OH, I DIDN'T REALIZE THIS WAS SO FAR AWAY.

THANK YOU SO MUCH. I WILL SAY IT ALL AGAIN. THANK YOU FOR BEING HERE.

WE WANTED TO POINT OUT AGENDA ITEM NUMBER FOUR.

ZONING CASE 2020 602. THE PROPERTY SUBJECT PROPERTY IS 2200 JAMESON STREET.

THERE WAS AN ERROR IN THE NOTICE THAT WAS SENT OUT.

SO IT IS NOT GOING TO BE ON TODAY'S ITEM. IT WILL BE NOTICED AND WILL COME UP IN A FUTURE MEETING.

SO IF YOU'RE HERE FOR AGENDA ITEM NUMBER FOUR, WE WILL NOT BE COVERING THAT ITEM TODAY.

NOW THAT WE CAN GET THAT BEST, WE'LL CALL THE MEETING TO ORDER.

[CALL TO ORDER]

AND, KEVIN, WOULD YOU MIND STARTING US WITH A PRAYER? LORD, WE'RE SO THANKFUL FOR THIS NEW YEAR AND THIS NEW OPPORTUNITY TO JUST COME AND TRY TO TRY TO JUST BE A BLESSING TO ALL OF OUR CITIZENS AND TO CONSIDER THE ITEMS ON OUR AGENDA TODAY.

AND WE JUST ASK FOR WISDOM AS WE DO THAT. PRAY THAT YOU'D OPEN OUR EARS TO HEAR FAIRLY AND TO TO JUDGE WISELY.

AND WE ASK THAT YOU WOULD ALSO GIVE THE COUNCIL WISDOM AS THEY CONSIDER OUR RECOMMENDATIONS TODAY. IN JESUS NAME WE PRAY.

AMEN. THANK YOU SO MUCH. FIRST ITEM ON OUR AGENDA IS THE MINUTES FROM OUR PREVIOUS MEETING.

[MINUTES]

THIS WAS A SPECIAL CALLED MEETING ON DECEMBER SECOND WITH ONLY ONE ITEM.

IT WAS VERY, VERY QUICK. HAVE ALL THE COMMISSIONERS HAD A CHANCE TO REVIEW THOSE SHORT MINUTES? ANY COMMENTS OR ANYTHING? OKAY, WE'LL OPEN THE PUBLIC HEARING.

WOULD ANYBODY LIKE TO COME UP AND ADDRESS AGENDA ITEM NUMBER ONE? SEEING NO ONE. WE WILL CLOSE THAT. I DO BELIEVE THAT MEETING BECAUSE IT WAS A SPECIAL CALLED ONE WAS ON DECEMBER 9TH, AND I THINK IT'S LISTED AS DECEMBER 2ND. AND SO I THINK APART FROM THAT ONE CHANGE COULD WE HAVE A MOTION TO APPROVE THE MINUTES WITH THE CHANGE OF DECEMBER 2ND TO DECEMBER 9TH? MOTION TO APPROVE. SECOND THE MOTION, KEVIN, WITH A SECOND.

ALL THOSE IN FAVOR SAY AYE. ANYONE OPPOSED? HEARING NO ONE THAT PASSES.

THANK YOU SO MUCH. AGENDA ITEM NUMBER TWO. CONDITIONAL USE PERMIT 2020 601.

[ZONING]

RECEIVE A REPORT, HOLD DISCUSSION AND PUBLIC HEARING TO TAKE ACTION ON THE REQUEST FROM THE OWNER TO APPLY A CONDITIONAL USE PERMIT TO A PROPERTY TO ALLOW CONTRACTOR SERVICES LOCATED AT 8050 BUFFALO GAP ROAD. KYRA. GOOD AFTERNOON.

MY NAME IS KYRA. I'M A PLANNER FOR THE CITY OF ABILENE.

TODAY I'M REPRESENTING CASE CUP 2020 601. THE OWNER IS DHS VENTURES AND ITS.

THE REQUEST IS A CONDITIONAL USE PERMIT TO ALLOW CONTRACTOR SERVICES WITHIN GENERAL COMMERCIAL ZONING LOCATED AT 8050 BUFFALO GAP.

HERE WE HAVE THE AERIAL LOCATION MAP. THE ZONING MAP.

THE PERMITTED USES WITHIN GENERAL COMMERCIAL ZONING, WHICH YOU CAN SEE CONTRACTOR SERVICES DOES REQUIRE CONDITIONAL USE PERMIT.

VIEWS OF THE SUBJECT PROPERTY. VIEWS OF SURROUNDING PROPERTY.

THE PLAN OF OPERATION. NOTIFICATION WAS SENT OUT IN A 200 FOOT BUFFER.

ZERO WAS RECEIVED IN FAVOR IN OPPOSITION. THE PROPOSED REQUEST IS CONSISTENT WITH THE COMPREHENSIVE PLAN, THE SURROUNDING USES AND ZONING, AND GENERALLY ACCEPTED PLANNING PRINCIPLES AND CRITERIA FOR APPROVAL IN THE LDC.

STAFF RECOMMENDS APPROVAL SUBJECT TO THE FOLLOWING CONDITIONS. THE PLAN OF OPERATION OUTDOOR STORAGE, INCLUDING TRAILERS, MUST BE SCREENED FROM PUBLIC VIEW AND THE PARKING LOT MUST BE BROUGHT UP TO THE CURRENT STANDARDS.

I'D BE HAPPY TO ANSWER ANY QUESTIONS. ANY QUESTIONS FOR KIRA? WHAT IS THE ISSUE WITH THE PARKING LOT? IT IS CURRENTLY A GRAVEL PARKING LOT.

AS YOU CAN SEE IN THIS ONE, AND WE'RE REQUESTING THAT IT BE BROUGHT UP TO OUR CURRENT STANDARDS BE PAVED AND STRIPED.

THANK YOU. ANYTHING ELSE? ALL RIGHT. THANK YOU.

THANK YOU. WE'LL OPEN UP THE PUBLIC HEARING. ON AGENDA ITEM NUMBER TWO.

WOULD ANYBODY LIKE TO COME UP AND ADDRESS THIS MATTER? IS THAT THE ONE WE'RE CURRENTLY ON? YES, SIR. I DON'T THIS IS NEW TO ME. WOULD YOU COME UP SO WE CAN HEAR IT? IF YOU'LL STATE YOUR NAME AND LET US KNOW. WE'RE HAPPY TO HEAR WHAT YOU HAVE TO SAY.

THANK YOU. YEAH. MY NAME IS TEVIN. I'M THE OWNER OF PEAK ROOFING, WHERE WE HAVE BUSINESS THERE.

[00:05:05]

SO THIS IS A NEW PROCESS FOR ME, AND I'M JUST.

I DON'T UNDERSTAND EVERYTHING THAT'S GOING ON.

THAT'S WHY I WAS HERE. BUT AS FAR AS THE PARKING IS CONCERNED, THE GRAVEL PARKING.

JUST CURIOUS AS TO WHY IT WOULD NEED TO BE BROUGHT UP TO PAVEMENT.

SEEMS LIKE A PRETTY HEFTY EXPENSE TO DO THAT.

TIM, COULD YOU ADDRESS JUST IF WE WERE TO IF A NEW BUSINESS WAS TO COME IN, WHAT WOULD BE THE CURRENT REQUEST FOR THEIR PARKING? YEAH, THE PREVIOUS USE WAS PRETTY MUCH GRANDFATHERED IN EXISTING NON-CONFORMING.

NOW THAT YOU'RE COMING IN AND REQUESTING A CUP, THAT NONCONFORMITY GOES AWAY.

AND THEN THE THE NEW STANDARDS HAVE TO BE MET WITH THE EITHER ASPHALT, CONCRETE, ETC..

OKAY. AND THERE'S NO NO WAY AROUND THAT. I MEAN, IT HAS TO BE CORRECT.

YES, SIR. OKAY. AS FAR AS THE SCREENING AND THE TRAILERS WERE CONCERNED WHEN YOU REFER TO SCREENING, WHAT ARE YOU REFERRING TO? JUST A CHAIN LINK FENCING OR HOW DO YOU DESCRIBE SCREENING? IT CAN BE FENCING, LANDSCAPING THAT WOULD HIDE IT FROM PUBLIC VIEW.

BUFFALO GAP PER SE. ANYTHING THAT IT CAN'T BE SEEN FROM THE PUBLIC RIGHT OF WAY.

FENCING IS TYPICALLY WHAT'S DONE. YEAH. AND SO FENCING WITH THE CHAIN LINK IS NOT GOOD ENOUGH.

IT WOULD NEED SOME KIND OF BLACK. YEAH. LIKE MESH TYPE MATERIAL.

RIGHT. OR I GUESS METAL FENCING. AS LONG AS IT'S APPROPRIATE FOR IT.

AND SEE THE TRAILERS. OKAY. IS THERE A TIME LIMITATION TO GET ALL OF THIS STUFF DONE? WHAT'S THE LEAD TIME ON SOMETHING LIKE THIS? I BELIEVE THE CUP IS VALID FOR SIX MONTHS.

IF YOU'RE NOT COMPLIANT WITHIN THAT SIX MONTHS AND THEN IT IT GOES AWAY.

OKAY. ALL RIGHT. OKAY. THAT'S ALL. THANK YOU FOR SCREENING.

IT'S MAINLY FOCUSED ON TO THE PUBLIC VIEW ON BUFFALO GAP.

SO THE STUFF BEHIND THE PROPERTY BECAUSE IT'S GOT A BIG FIELD, BIG TREES BACK THERE.

THE STUFF THAT'S DIRECTLY BEHIND THAT PROPERTY IS NOT NECESSARILY WHAT YOU'RE HAVING TO SCREEN IT FROM. JUST THE FRONT, KIND OF THE FRONT AND SIDE PARKING LOT. NOW THAT BACK LAND BECOMES DEVELOPED THERE MAY YOU MAY WANT SOME SCREENING.

YEAH. FROM WHAT'S BACK THERE. AND PART OF THAT PART OF THE TROUBLE THERE IS TAYLOR ELECTRIC I BELIEVE OWNS THAT BACK PORTION OF THE PROPERTY, TAYLOR ELECTRIC. YEAH. SO THE PORTION THAT WE OWNED IS JUST REALLY THE FRONT.

AND THE LEFT WOULD BE THE SOUTH. I KNOW THERE'S A PRETTY LARGE ELECTRICAL EASEMENT THAT RUNS AROUND THE BACK.

THAT'LL BE ON THE NORTH AND. YEAH. YES, SIR. SO IT MAKES IT A LITTLE BIT CHALLENGING.

CHALLENGING AS TO IF YOU DO PARK TRAILERS, YOU'LL END UP SCREENING THE ENTIRE PROPERTY.

I GUESS THAT PROBABLY WOULD HELP YOU FROM NOT FEELING LIKE YOU HAVE TO SCREEN THAT BACK PART, KNOWING THAT IT WON'T BE DEVELOPED, BECAUSE IT DOES HAVE THAT AREA.

YEAH. SO REALLY YOU'RE ONLY GOING TO BE CONCERNED ABOUT WHAT'S THERE ON BUFFALO GAP. YEAH. AND IT WOULD JUST IT WOULD JUST BE THE, THE, THE SIDE FACING BUFFALO GAP ROAD. IT WOULDN'T HAVE TO FOLLOW.

GO BACK TOWARDS THE BUILDING FACES EAST. IT WOULDN'T HAVE TO RUN TOWARDS THE WEST.

BETWEEN IT'S REALLY GOING TO DEPEND ON HOW YOU'RE GOING TO LAY IT OUT.

STAFF CAN HELP YOU WITH THAT WHEN YOU GET READY TO KIND OF STAFF CAN HELP YOU WITH THAT WHEN YOU GET READY TO PARKING TRAILERS THERE, THEY CAN KIND OF GUIDE YOU IN THE RIGHT DIRECTION.

OKAY. BECAUSE IF YOU'RE GOING TO DO THE NORTH SIDE, YOU'LL HAVE TO SCREEN THAT SIDE AS WELL.

BUT THEY CAN GUIDE YOU THROUGH THAT. OKAY. ONE OTHER QUESTION.

I DON'T KNOW IF IT APPLIES HERE IF I'VE GOT JUST ANOTHER MINUTE, BUT THAT PROPERTY IS ON A SEPTIC SYSTEM.

IS THERE ANY POSSIBILITY TO TO MAKE THAT CITY SEWER OR IS THAT A DIFFERENT TOPIC AT A DIFFERENT TIME? THAT'S A DIFFERENT TOPIC. THAT'S SOMETHING THAT OUR UTILITIES DEPARTMENT CAN HELP YOU WITH WHEN WE'RE DONE.

OKAY. ALL RIGHT. THANK YOU FOR YOUR TIME. APPRECIATE IT.

WELL, I'VE GOT YOU UP HERE. I JUST WANT TO CHECK. IS THIS TYPICALLY WOULD BE UNDER OUR DISCUSSION LATER, BUT I WANT TO GIVE YOU THE OPPORTUNITY TO RESPOND. IS THIS IN THE CORRIDOR OVERLAY ZONING? YES. CORRECT. YEAH. YES, SIR. SO TYPICALLY, WE WOULD REQUIRE LANDSCAPING ALONG THE FRONTAGE AND THAT SORT OF THING.

BUT YOU'RE NOT REQUIRING IN THIS CASE, IS THAT CORRECT? IT'S. I'M GOING TO LET KIERA THAT'S THIS IS HER CASE.

LET HER ANSWER THAT. SHE'S DIVING A LOT DEEPER IN THIS ONE THAN I HAVE, HONESTLY.

THANK YOU FOR BEING. THANK YOU. APPRECIATE IT.

WOULD YOU LIKE TO COME BACK UP OR IF ANYBODY ELSE WOULD LIKE TO ADDRESS.

SO WE'RE NOT REQUIRING THE LANDSCAPING SINCE THE BUILDING IS THERE.

AND SINCE THERE'S NOT A SITE PLAN FOR IT, THAT'S THE REASON WHY IT'S NOT THE LANDSCAPING.

SO YOU'RE ALLOWING THAT LACK OF LANDSCAPING TO BE GRANDFATHERED IN, BUT NOT NECESSARILY THE PARKING LOT.

[00:10:03]

CORRECT? OKAY. THANK YOU. THANK YOU. ANYONE ELSE TO ADDRESS THIS BEFORE WE CLOSE THE PUBLIC HEARING? SEEING NONE, WE'LL CLOSE THE PUBLIC HEARING. SIR, I'LL TELL YOU.

AND THIS WILL BE A GENERAL STATEMENT FOR ANYONE THAT'S HERE TODAY.

THE PLANNING AND ZONING COMMISSION IS A RECOMMENDING BODY.

AND SO WE HEAR ALL THESE CASES, HEAR ALL THE DISCUSSION, AND THEN WE RECOMMEND IT TO COUNCIL.

THERE WILL BE TWO HEARINGS BEFORE COUNCIL ON ALL THESE MATTERS.

THE FIRST ONE WILL JUST BE A READING. THE SECOND ONE WILL BE WHERE THEY TAKE IT UP ON A MOTION AND TALK ABOUT IT.

AND MAKE THE ULTIMATE DECISION ON ALL THESE MATTERS.

AND SO IF YOU HEAR SOMETHING TODAY AND YOU AGREE WITH US, WELL, IT CAN STILL GO TO CITY COUNCIL.

IF YOU HEAR SOMETHING TODAY AND YOU DISAGREE WITH US, IT CAN STILL GO TO CITY COUNCIL NO MATTER WHICH WAY AN OPINION IS DECIDED OR APPEALED.

AND SO I WOULD JUST ENCOURAGE YOU TO LOOK FOR THE NEXT DATES OF THOSE CITY COUNCIL MEETINGS WHEN YOUR MATTER WOULD BE COMING BEFORE TO MAKE SURE IF YOU TAKE ANY DISCUSSION OR IF YOU DON'T GET WHAT YOU NEED ANSWERED TODAY TO TAKE IT TO THAT NEXT STEP AS WELL.

SO ANY DISCUSSION AMONG THE COMMISSIONERS ON AGENDA ITEM NUMBER TWO? THE REASON I ASKED THE QUESTION I ASKED WAS JUST TO POINT OUT, I THINK IT IS APPROPRIATE TO REQUIRE THE SCREENING BECAUSE THIS IS CORRIDOR OVERLAY.

THIS IS KIND OF A MAIN THOROUGHFARE COMING INTO OUR CITY.

I THINK THAT'S A REASONABLE AND I APPRECIATE THE CITY NOT REQUIRING HIM TO BRING ALL OF THE LANDSCAPING UP TO THAT CORRIDOR OVERLAY ZONING REQUIREMENT, BUT I WOULD. SO THEY ACTUALLY ARE, I THINK, GIVING YOU A LITTLE BIT OF A BREAK THERE.

BUT, YOU KNOW, ANY MOTIONS OR DOES THAT SECTION OF BUFFALO GAP.

I MEAN, OH, A FENCE UP. IS THAT GOING TO INTERFERE WITH THE ESTHETIC OF THAT AREA OF THE HIGHWAY.

I MEAN, I THINK YOU'LL SEE ALL DIFFERENT TYPES OF DEVELOPMENTS STILL CURRENTLY ALONG BUFFALO GAP, WHERE YOU HAVE SOME RESIDENTIAL, YOU HAVE SOME NEW RETAIL AND COMMERCIAL COMING IN. AND SO I DON'T THINK THERE HAS BEEN A CONSISTENT OVERLAY PLAN OF WHAT THAT LOOKS LIKE OF STONE FENCING OR WHATEVER.

AND SO I DO THINK ANY IMPROVEMENT TO THE DRIVEWAY AS STUFF CONTINUES TO MOVE FURTHER SOUTH, I THINK ALL OF THAT WILL BE POSITIVE IMPROVEMENTS FOR A PIECE OF PROPERTY RIGHT THERE THAT'S JUST BEEN SET IN WITH THE.

SO YEAH, I THINK THE BLACKTOP SOUNDS LIKE A REALLY GOOD IDEA.

YEAH. WHERE WE'RE REQUIRING WE ARE DO HAVE THE PLAN OF OPERATION HERE.

AND IT DOES MENTION THAT THOSE. THE TRAILERS AND THAT SORT OF THING THAT WE'RE WANTING THE SCREENING FENCE FOR ON THE BACKSIDE OF THE PROPERTY.

SO WE WOULDN'T HAVE LIKE A FENCE RIGHT OUT AGAINST BUFFALO GAP ROAD.

RIGHT. AND I THINK IT'S CURRENTLY IN OPERATION AS THAT.

AND I THINK YOU'VE YOU'VE SEEN AN. IMPROVEMENT OF THE OF THE PROPERTY EVEN IN ITS CURRENT OPERABILITY.

AND I THINK THIS WILL JUST ENHANCE THAT EVEN MORE.

SO IF WE DO HAVE A MOTION FROM SOMEONE, IT WILL NEED TO COME WITH THE CONDITIONS AS RECOMMENDED BY THE CITY.

OR IF YOU WOULD LIKE TO CHANGE THOSE CONDITIONS, YOU CAN ALTER THOSE HOWEVER YOU SEE FIT.

I WILL MAKE A MOTION TO APPROVE SUBJECT TO THE PLAN OF OPERATIONS, THE OUTDOOR STORAGE, INCLUDING TRAILERS BEING SCREENED FROM PUBLIC VIEW IN THE PARKING LOT, BEING BROUGHT UP TO CURRENT STANDARDS. KEVIN WITH A MOTION WITH THE RECOMMENDATIONS FROM CITY ENCHANTÉ WITH A SECOND. MR. STRASSER? YES, MR. HOUSE? YES. MR. HALLIBURTON. YES, MISS. LEWIS? YES. MR. SYKES? YES. AND MR. BENHAM. YES. AND THE MOTION CARRIES AGENDA ITEM NUMBER THREE.

ZONING CASE 2020 601, RECEIVE REPORT, HOLD A DISCUSSION, OF PUBLIC HEARING TO TAKE ACTION ON THE REQUEST FROM THE OWNER TO CHANGE THE ZONING OF APPROXIMATELY 2.5 ACRES FROM RESIDENTIAL SINGLE FAMILY SIZE SIX TO GENERAL COMMERCIAL LOCATED AT THE 1900 WEST STAFFORD STREET.

ADAM. GOOD AFTERNOON. MY NAME IS ADAM HOLLAND.

I'M A PLANNER FOR THE CITY OF ABILENE. THIS CASE Z 2020 601.

THIS IS A CASE REPRESENTED BY THE OWNER, TO CHANGE THE ZONING OF APPROXIMATELY 2.5 ACRES FROM RESIDENTIAL SINGLE FAMILY TO GENERAL COMMERCIAL.

THIS IS LOCATED GENERALLY ALONG THE 1800 TO 1900 BLOCKS OF WEST STAMFORD STREET.

HERE'S AN AERIAL LOCATION MAP SHOWING THE AREA OF THE PROPERTY.

HERE IS A CURRENT ZONING MAP SHOWING THE ADJACENT PARCELS.

YOU CAN SEE IS SURROUNDED BY RS SIX. IN GENERAL, THE COMPREHENSIVE PLAN CALLS THIS AREA OUT AS A HIGHWAY.

COMMERCIAL TYPE USE. AND ADDITIONALLY FURTHER WEST THERE WILL BE THE THE COUNTY AS WELL AS PREVIOUSLY USED SCHOOL THAT IS ZONED AS A PD FOR COMMERCIAL TYPE USES.

HERE ARE SOME VIEWS OF THE SUBJECT PROPERTY AND NEIGHBORING PROPERTIES.

CURRENTLY THE SUBJECT PROPERTY IS VACANT WITH A CHURCH BEING NEARBY AS WELL AS THE HIGHWAY JUST TO THE SOUTH OF THE PROPERTY,

[00:15:06]

AND SOME RESIDENCES JUST TO THE TO THE EAST OF THE PROPERTY.

HERE ARE THE PERMITTED USES IN RESIDENTIAL ZONING.

HERE ARE THE PERMITTED USES IN THE GENERAL COMMERCIAL ZONING DISTRICT THAT THEY ARE REQUESTING.

TODAY WE SENT OUT NOTIFICATIONS AND WE DID NOT RECEIVE ANY NOTICES BACK IN TIME TO BE PLACED ON THIS THIS AGENDA STAFF HAS FOUND THAT THIS REQUEST IS CONSISTENT WITH THE COMPREHENSIVE PLAN SURROUNDING USES AND ZONING, GENERALLY ACCEPTED PLANNING PRINCIPLES, AND THE CRITERIA FOR APPROVAL IN THE LDC STAFF RECOMMENDS APPROVAL.

I'D BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE FOR ME. HAVE THEY STATED WHAT THEY'RE PLANNING TO DO? I HAVE NOT RECEIVED A DEFINITIVE. SO RIGHT NOW IT'S JUST A ZONING CHANGE.

CORRECT. OKAY. I THINK IS THIS ONE OF THEM THAT HAD SOME LATE OPPOSITION? I DO NOT BELIEVE SO. THIS THIS THIS CASE IN SPECIFIC DID NOT.

OKAY. OKAY. ANY OTHER QUESTIONS FOR ADAM? THANK YOU.

WE'LL HAVE A PUBLIC HEARING ON AGENDA ITEM NUMBER THREE.

WOULD ANYBODY LIKE TO COME UP AND ADDRESS THIS MATTER? HELLO.

MY NAME IS JUANITA SALINAS, AND I LIVE AT 1725 WEST STANFORD.

SO I'M WANTING TO KNOW WHAT DOES THAT MEAN FOR MY HOME? BECAUSE I BELIEVE THAT'S MY HOME IS IN BETWEEN THE THAT ZONING AREA.

CAN YOU SEE THE MAP THAT WE'RE SEEING? I CAN.

OKAY. WHICH HOME ARE YOU? CAN YOU POINT OUT WHICH HOME YOU ARE ON THE NUMBER? WELL ON THAT SIDE, I BELIEVE MY HOUSE IS THE ONLY ONE BETWEEN OLD ANSON AND GRAPE STREET.

OKAY. WHY IS IT. THAT THE 45475. SO JUST JUST OFF THE THE IMAGE. I'LL TELL YOU, BECAUSE THEY HAVEN'T SAID WHAT THEY'RE PLANNING TO DO.

RIGHT NOW, THIS IS JUST A ZONING CASE FOR AN EMPTY PIECE OF LAND FACING I-20.

AND SO I CAN'T TELL YOU SPECIFICALLY WHAT THAT, WHAT THAT WOULD MEAN FOR YOUR PROPERTY.

I DON'T KNOW IF THEY'RE LOOKING TO PUT A GAS STATION IN FACING I-20. I DON'T KNOW WHAT THEY'RE LOOKING, LOOKING TO DO.

RIGHT NOW IT'S JUST A REQUEST OF DO WE SEE THIS EMPTY PIECE OF LAND IN SOME WAY BEING APPROPRIATELY ZONED COMMERCIAL? YEAH. OKAY, YEAH. BECAUSE MY HOUSE IS THERE'S EMPTY LAND ALL BESIDE ME, AND THEN THERE'S CHURCH, AND THEN THERE'S MY HOME. SMACK RIGHT THERE. YEAH.

SO YOU'RE LIKE, I'M AFRAID I'M GOING TO GET CAUGHT IN THE MIDDLE OF THIS. DIFFERENT. YES, MA'AM. UNDERSTOOD. SO THAT'S JUST WHAT I CAME BECAUSE I WAS JUST KIND OF WONDERING.

WHAT. WHAT DID THAT MEAN FOR ME? YEAH, I WILL TELL YOU, OCCASIONALLY PEOPLE BRING FORWARD CASES TO GET ZONING, AND THEY'RE THEY'RE CHANGING IT TO TRY TO SELL THE LAND TO SOMEBODY.

SOMETIMES THEY DON'T EVEN HAVE A PLAN THERE. THEY'RE CHANGING IT ON SPEC TO TRY TO PROMOTE IT OR WHATEVER IT MAY BE.

BUT BECAUSE NOTHING WAS SUBMITTED IN THIS CASE, WE DON'T HAVE ANYTHING ADDITIONAL OTHER THAN IS IT APPROPRIATE FOR THIS PIECE OF LAND TO POTENTIALLY BE GENERAL COMMERCIAL? AND THAT'S WHAT WE'RE BEING ASKED TO LOOK AT. OKAY.

SO SO WILL I GET LIKE ANOTHER LETTER OR SOMETHING OR THIS WILL GO BEFORE THIS WILL GO BEFORE CITY COUNCIL TWICE.

AND YOU MAY NOT GET A LETTER ONCE IT'S CHANGED COMMERCIAL.

AND IF THEY HAVE A PIECE OF THING THEY WANT TO DEVELOP THAT'S ALLOWED UNDER THE GENERAL COMMERCIAL USES, THEN THEY WOULD JUST START BUILDING AND COME TO THE CITY AND GET THE PERMITS THAT THEY NEED. AND SO THE CHANCE TO OBJECT IS KIND OF DURING THIS PROCESS.

AND SO BUT AS OF RIGHT NOW, I JUST CAN'T TELL YOU WHAT IT IS BECAUSE I DON'T KNOW.

OKAY. THANK YOU. THANK YOU. THANK YOU. ANYONE ELSE LIKE TO COME UP AND ADDRESS THIS MATTER? SEEING NONE, WE'LL CLOSE THE PUBLIC HEARING. ANY DISCUSSION AMONG AGENDA ITEM NUMBER THREE.

THIS PROPERTY OPERATED AS A SCHOOL PREVIOUSLY, CORRECT? NO, IT'S JUST NEXT TO THE SCHOOL. OKAY, RIGHT.

IT'S. THE SCHOOL'S THE ONE THAT WE TOOK OFF THE.

OKAY. YEAH. SO IT'S IT'S RELATIVELY CLOSE TO THAT, BUT IT'S NOT IT'S NOT THIS PROPERTY.

THIS THIS PROPERTY IS CURRENTLY VACANT. GOTCHA.

I'LL SAY, TIM, YOU CAN CORRECT ME IF I'M WRONG.

IF IT WAS DEVELOPED COMMERCIAL, THERE WOULD BE SCREENING AND STUFF TOWARDS THE RESIDENTIAL.

THAT'S CORRECT. ON THE BACKSIDE, YEAH, IT WOULD HAVE TO BE SCREENED. AND SO IF THIS WAS SOMETHING THAT WAS DEVELOPED FACING I-20 TO BE COMMERCIAL, IT WOULD HAVE SCREENING AROUND IT TOWARDS THE RESIDENTIAL PROPERTIES, SIMILAR TO WHAT WE WERE JUST DISCUSSING WITH THE PREVIOUS CASE, RELATED TO JUST THE DIFFERENT LEVELS OF SCREENING THAT ARE REQUIRED BASED ON WHAT THE PROPERTY IS BEING USED FOR.

[00:20:07]

AND SO JUST TO LET YOU KNOW AS, AS IT, AS IT GETS DEVELOPED ANY OTHER COMMENTS OR QUESTIONS? MAKES SENSE. FACING I-20 WITH THE COMPREHENSIVE PLAN AND WHERE IDEALLY COMMERCIAL DEVELOPMENT WOULD LIKE TO SEE IT GO.

I AGREE WITH YOU, ZACK. IS THAT A MOTION? THAT IS A MOTION TO APPROVE.

OKAY, ZACK WITH THE FIRST. ANYONE WITH THE SECOND.

I SECOND. SECOND BY GARY. MR. STRASSER. YES, MR. HOUSE. YES. MR. HALLIBURTON. YES, MISS. LEWIS.

YES. MR. SEITZ? YES. AND MR. BENHAM. YES. AND THE MOTION CARRIES.

SO THIS WILL GO BEFORE CITY COUNCIL FOR THE TWO DIFFERENT HEARINGS.

AND THERE'S A CHANCE THAT POTENTIALLY THE DEVELOPER WILL COME AND SHARE MORE INFORMATION, THOUGH THEY DON'T HAVE TO RIGHT NOW.

IT IS TRULY JUST THE LAND IS BEING CONSIDERED FOR THAT POTENTIAL USE.

SO AGAIN, AGENDA ITEM NUMBER FOUR WAS PULLED.

WE'LL GO TO AGENDA ITEM NUMBER FIVE. ZONING CASE 2020 603 RECEIVER REPORT.

WHOLE DISCUSSION, PUBLIC HEARING TO TAKE ACTION ON THE REQUEST FROM THE OWNER TO CHANGE THE ZONING OF APPROXIMATELY 1.43 ACRES FROM RESIDENTIAL SINGLE FAMILY RS6 TO GENERAL COMMERCIAL GC LOCATED AT 2502 MR. LANE. CLARISSA.

GOOD AFTERNOON. MY NAME IS CLARISSA IV. I'M A PLANNER FOR THE CITY OF ABILENE.

BEFORE YOU YOU HAVE KC 2020 603 REQUESTED BY THE OWNER, MENTOR LANE, AND THE REPRESENTATIVE AGENT, MEGAN DUNBAR. THE REQUEST IS TO CHANGE THE ZONING FROM RESIDENTIAL SINGLE FAMILY TO GENERAL COMMERCIAL.

THE PROPERTY IS 2502 MENTOR LANE. IT'S RIGHT IN THE INTERSECTION OF MENTOR AND BELLAIRE.

THE PROPERTY IS CURRENTLY ZONED RESIDENTIAL SINGLE FAMILY.

THERE'S ACTUALLY THE PROPERTIES TO THE NORTH.

THERE HAVE BEEN REZONE TO PATIO HOMES. IT'S JUST THE MAP WASN'T POINT THAT CHANGED YET? THERE'S SOME MULTIFAMILY AND THEN THE PD TO THE WEST HAS A ZONING OF GENERAL COMMERCIAL AS WELL.

SO THE PD IS BASED ZONING IS GENERAL COMMERCIAL.

THE GREEN. YES, SIR. YES, MA'AM. THANK YOU. OH, HERE ARE SOME PROPERTY VIEWS FOR THE NEIGHBORHOOD AND AS WELL FOR THE SUBJECT PROPERTY. THE BUILDING ON SITE IS WAS PREVIOUSLY USED FOR A CHURCH, AND THESE ARE THE ALLOWED USES IN RESIDENTIAL ZONING DISTRICT.

AND THESE ARE THE USES IN GENERAL COMMERCIAL ZONING.

I TOOK THE LIBERTY OF HIGHLIGHTING AND DAYCARE OPERATION, SINCE THAT IS WHAT WAS PROVIDED FROM THE APPLICANT THAT THEY'RE WANTING TO DO WITH THIS REZONING. WE SEND OUT NOTIFICATIONS.

WE RECEIVED ZERO IN FAVOR AND OPPOSITION WITHIN THE ALLOWED TIME TO BE ABLE TO PUT THEM ON THIS PACKET.

I DID RECEIVE FIVE IN OPPOSITION YESTERDAY. THAT DEPENDING ON THE DIRECTION OF THIS CASE, I WILL BE ABLE TO PUT ON THE PACKET. THERE WERE ALL FOR OPPOSITION. THEIR CONCERNS WERE TRAFFIC.

OKAY. THE REQUEST IS CONSISTENT WITH THE COMPREHENSIVE PLAN, THE SURROUNDING USES AND ZONING GENERALLY ACCEPTED PLANNING PRINCIPLES AND THE CRITERIA FOR APPROVAL IN THE LAND DEVELOPMENT CODE. STAFF RECOMMENDING APPROVAL.

I'D BE HAPPY TO ANSWER ALL THE MANY QUESTIONS YOU MIGHT HAVE. ANY QUESTIONS FOR CLARISSA? SO THEY SAID IN THEIR APPLICATION THEY WERE WANTING TO USE IT AS A DAYCARE.

YES. OKAY. STILL OPERATED BY THE CHURCH OR NO.

THAT'S THE REASONING WHY WE'RE NEEDING TO DO THE REZONING.

BECAUSE THE CHURCH COULD OPERATE IT WITHOUT ASKING.

YES. CORRECT. OKAY. ALL RIGHT. THANK YOU VERY MUCH, SIR.

WE'LL OPEN UP THE PUBLIC HEARING ON AGENDA ITEM NUMBER FIVE. WOULD ANYBODY LIKE TO COME UP AND ADDRESS THIS MATTER? YES.

THAT'S RIGHT. THANK YOU. I LIVE IN THE HOUSE THAT'S DIRECTLY NORTH OF THE PARKING LOT.

THAT BLANK BEHIND NORTH OF THE CHURCH IS ALSO PART OF THEIR PARKING LOT.

OUR BIGGEST PROBLEM OVER THERE IS THAT WE DON'T WANT IT GOING JAIL.

GENERAL COMMERCIAL. THEY HAVE MOVED EVERYTHING.

GENERAL COMMERCIAL, ALL THE WAY DOWN VOGEL FROM THE WEST, WHERE IT'S UP TO THE BEL AIR.

THEY BUILT 14 BRAND NEW OF THESE HOMES. THE CITY'S BUILDING BEAUTIFUL HOMES.

THERE ARE $200,000. THERE'S 14. THEY'RE SELLING THEM ALL.

YOU'RE GOING TO PUT ALL THE TRAFFIC DOWN BEL AIR, AND YOU'RE GOING TO PUT ALL THE TRAFFIC DOWN MENTOR LANE.

[00:25:05]

THE SCHOOL IS ACROSS THE STREET. THERE'S TWO MAJOR APARTMENT COMPLEXES ON VOGEL.

JUST THE OTHER SIDE, CATTY CORNER FROM WHERE THIS IS GOING TO BE.

WE KNOW WE NEED MORE DAYCARE IN THE TOWN, BUT WE DON'T NEED MORE TRAFFIC.

I MY FAMILY HAS LIVED IN THIS HOUSE FOR OVER 60 YEARS.

I'VE JUST NOW RETIRED INTO IT. MOST OF US ARE OVER.

THERE ARE RETIREES AND PEOPLE WITH YOUNG CHILDREN.

WE HAVE THEM WALKING RIGHT NOW. WE HAVE CHILDREN COMING FROM MAN AND COMING DOWN.

VOGEL AND COMING DOWN. WE'VE GOT ALL KIND OF TRAFFIC.

THEY. I HAVE A CURVE IN FRONT OF MY HOUSE. THE PEOPLE THINK IT'S.

LET'S SEE HOW FAST WE CAN GO AND CURVE THAT THAT THING RIGHT THERE.

THEY'VE ACTUALLY COME OUT AND HAD TO DIG OUT CURVED AREAS OF THAT STREET TO REPAIR IT, WHERE THE CARS THINK IT'S A, IT'S A SPEEDWAY. SO IT'S NOT SAFE FOR THE CHILDREN BECAUSE WE ALSO HAVE CARS PARKED ON THE STREET LIKE EVERYBODY ELSE DOES.

OUR BIG THING IS WE DON'T WANT THE GL EXCUSE ME, NOT GL G GC BUT YOU KNOW, WE WE THIS IS BEEN A RESIDENTIAL AREA FOR 60 YEARS. THIS IS COMMERCIAL. IT BRINGS DOWN THE VALUE OF OUR PROPERTIES.

IT BASICALLY IT THE FACILITY IS FROM MENTOR TO BEL AIR.

SO THAT'S A WHOLE END OF THAT BLOCK. IT AFFECTS US BECAUSE IT IS PUSHING THE RESIDENTIAL NOT OUT.

BUT YOU KNOW WHAT I'M SAYING. IT'S IT'S AN OLD NEIGHBORHOOD. AND WE RIGHT NOW WE CAN SEE BECAUSE OF ALL THESE NEW HOMES, THE CITIES ARE ALLOWED TO GO IN THERE. WE'RE SEEING AN UPGRADE. WE'RE SEEING YOUNGER. YOU KNOW, IT'S WHAT THEY CALL.

AFFORDABLE LIVING CORNER. IT'S A NICE AREA. WE HAVE TO, YOU KNOW, CALL OUR APPLIANCE PEOPLE TO MAKE THEM MOW THEIR YARD EVERY NOW AND THEN.

BUT WE HAVE A NICE AREA. WE DON'T HAVE A LOT OF CRIME.

WE'RE KIND OF SPLIT OFF FROM A LOT OF STUFF THE WAY THAT WE'RE KIND OF IN THAT SITUATION, FROM THE FROM BEL AIR TO MAN JUNIOR HIGH SCHOOL.

SO WE, YOU KNOW, A LOT OF US ON THAT STREET, WE KNOW EACH OTHER.

A LOT OF PEOPLE HAVE LIVED THERE FOR A LONG TIME. WE DON'T WANT THE GL.

AND YOU KNOW, I'M NOT BEING MEAN, BUT WE A LOT OF THEM DON'T WANT THE GL.

I KEEP SAYING GL IT'S GC COMMERCIAL. WE DON'T WANT THE COMMERCIAL.

THAT HIGHWAY IS ABOUT TO BE WIDENED THERE. SO IT'S GOING TO GO TO SIX LANES.

THE BIG MIXMASTER, YOU KNOW, THE TURNABOUT OVER THERE THAT'S GOING TO BE TOTALLY TAKEN APART.

THEY DON'T LIKE IT AND THEY'RE GOING TO TOTALLY REDESIGN THAT.

I HAVE NOT SEEN THE THE, THE PLANS OF THAT YET, BUT IT IS GOING TO AFFECT THEIR AREA IF THEY MAKE IT TO WHERE THE ACCESS ROAD CAN BE MADE INTO WHERE PEOPLE OFF THE INTERSTATE CAN GET IN THERE, YOU KNOW, LIKE FOR THE GAS STATIONS AND THINGS.

AS YOU WERE TALKING A SECOND AGO, IT WILL PUT ANOTHER IMPACT ON OUR NEIGHBORHOOD.

WE JUST MAINLY DO NOT WANT THE COMMERCIAL PROPERTY.

IT'S IT'S PUSHING THE NEIGHBORHOOD OUT AND IT MAKES MORE PEOPLE LOOK TWICE AT COMING INTO OUR NEIGHBORHOOD.

AND LIKE I SAID, OUR PRICES HAVE NOT GONE PARTICULARLY UP.

THIS IS GOING TO HURT THE VALUE OF OUR HOUSES. AND YOU'RE BUILDING THOSE BRAND NEW, YOU KNOW, THOSE BRAND NEW PATIO HOMES THERE, 14 OF THEM.

AND YOU'RE GOING TO PUT A COMMERCIAL RIGHT NEXT DOOR TO THEM. SO IT'S JUST, YOU KNOW, IT'S KIND OF LIKE WE'VE GOT ENOUGH GENERAL COMMERCIAL, YOU KNOW, WE'VE GOT THE SCHOOL, WE'VE GOT WE'VE GOT ANOTHER DAYCARE RIGHT THERE JUST BY THE SCHOOL IN THAT ON MENTOR LANE, JUST RIGHT THERE AGAIN. SO I MEAN, I DON'T KNOW WHAT ELSE WE CAN SAY.

WE JUST DON'T NEED THIS IN OUR NEIGHBORHOOD. IF IT WAS A PLANNED DEVELOPMENT DISTRICT THAT WAS LIMITED TO BEING A DAYCARE, WOULD YOU STILL HAVE THE SAME OBJECTION, OR IS IT YOUR LONG TERM CONCERNS WITH IT BEING GENERAL COMMERCIAL? MY LONG TERM IS THE IS COMMERCIAL. OKAY. THE DAYCARE, YOU KNOW, A LOT OF THE NEIGHBORS WON'T LIKE IT, BUT I'D RATHER NOT. IT'S THE IT'S THE COMMERCIAL IS WHAT I'M WORRIED ABOUT.

LONG TERM CHANGE. YEAH. PROPERTY. YEAH. OKAY.

THANK YOU. YEAH. THE CHURCH IS STILL THERE. I MEAN, THEY'VE STILL GOT THE SITE ACROSS THE STREET. THEY'RE STILL HAVING THEIR CHURCH OVER THERE. BUT THIS BUILDING, I MEAN, THEY'VE JUST PUT.

AND, YOU KNOW, I FEEL I DON'T WANT TO STOP THEM DOING SOMETHING.

THEY HAVE JUST PUT TOTALLY REDONE THE SEWER LINES ON IT.

THEY HAVE PUT A BRAND NEW ROOF ALL THE WAY ACROSS IT.

THEY PUT BRAND NEW AIR CONDITIONING SYSTEMS ON IT.

I MEAN, THEY HAVE DONE IT UP AND IT LOOKS REALLY NICE.

BUT THE BIG THING IS THE JAIL. OKAY. THANK YOU MA'AM.

I'M SORRY. DO YOU HAVE ANY HAVE YOU HAD ANY STRUGGLES WITH SUNDAY TRAFFIC? NO, BECAUSE SUNDAY THEY COME IN THE MORNINGS. MOST PEOPLE ARE BED OR THEY'RE GONE TO THEIR OWN CHURCH. AND THEN SUNDAY EVENINGS OR SATURDAY, WE HAVE CHURCHES. THEY HAD A FUNERAL ONE TIME.

AND IF YOU SEE THAT HOUSE THAT'S RIGHT THERE, THE 55011.

THEY HAD A FUNERAL ONE TIME. THEY USED MY SIDE YARD AS A PARKING LOT.

WAS NOT HAPPY. YEAH, BUT YOU KNOW WHAT I'M SAYING.

LIFE GOES ON. BUT LIKE I SAID, IT'S THE GL IS THE PROBLEM.

I HAVE THE. YEAH. APPRECIATE IT. THANK YOU FOR COMING.

THANK YOU. PUBLIC HEARING IS STILL OPEN. WOULD ANYBODY ELSE LIKE TO ADDRESS THIS MATTER?

[00:30:04]

HI, MY NAME IS MEGAN DUNBAR. I'M THE REPRESENTATIVE.

FOR THE PROPERTY. I AM THE ONE OPENING THE DAYCARE.

AND I HEARD HER CONCERNS ABOUT TRAFFIC. SO WITH THAT, THE TRAFFIC THROUGHOUT THE DAY, BECAUSE IT WILL BE A 24 HOUR CENTER, SO TRAFFIC'S NOT ALL STACKED ON TOP OF EACH OTHER AT ONE TIME.

SO THERE'S DESIGNATED DROP OFF TIMES FOR SOME PEOPLE, DEPENDING ON WHETHER THEY'RE FULL TIME OR PART TIME.

AS WELL AS WE'LL HAVE DESIGNATED STAFF PARKING, SO THEY'RE NOT GOING TO BE PARKING ANYWHERE ELSE BESIDES WHERE THEY'RE SUPPOSED TO.

SO THEY WON'T BE PARKING ON NEIGHBORING PROPERTIES OR ANYTHING LIKE THAT.

AND WHEN PEOPLE COME TO DROP OFF THEIR CHILDREN, THEY'RE NOT STAYING.

AND IF THEY DO STAY, THEY'RE PROBABLY COMING IN FOR A MEETING, BUT THEY'RE NOT GOING TO BE THERE FOR LONG PERIODS OF TIME. SO THE ONLY PEOPLE THAT ARE GOING TO BE THERE FOR LONG PERIODS OF TIME IS THE STAFF.

AND THEN AS WELL AS WE'LL BE PROVIDING TRANSPORTATION FOR THE CHILDREN.

SO THAT WAY IT MINIMIZES THE AMOUNT OF VEHICLES COMING TO THE DAYCARE.

AND THEN WITH THE SCHOOL BEING ACROSS THE STREET AND THERE BEING OTHER SCHOOLS IN THE AREA, IT MAKES IT EASIER FOR THE CHILDREN TO WALK OVER THERE AS OPPOSED TO HAVING TO GET RIDES, WHETHER THEY WALK OVER WITH THE GUARDIAN.

AND LIKE SHE SAID, IT'S A SAFE NEIGHBORHOOD. AND I FEEL LIKE IT'S THE PERFECT AREA TO ACTUALLY HAVE A DAYCARE WITH THERE BEING SO MANY PEOPLE HAVING GRANDKIDS OR CHILDREN LIKE THAT. THE. I DIDN'T HEAR ANY NOISE CONCERNS, BUT LIKE, PLAYGROUND HOURS WILL BE DURING THE DAY, LIKE THE SCHOOL ACROSS THE STREET.

I THINK IT'S LONG. BUT OUR DAYCARE, OUR OUR PLAYGROUND TIME WOULD BE AROUND THE SAME TIME, SO IT DOESN'T ADD ANY EXTRA NOISE OR ANYTHING LIKE THAT.

AND THEN THE CHILDREN WOULD GO OUT IN GROUPS.

SO IT'S NOT GOING TO BE LIKE THEY'RE ALL PACKED ONTO THE PLAYGROUND AT ONE POINT, YOU KNOW? IT'S VERY EASY ACCESS FROM THE HIGHWAY BECAUSE ONCE YOU GET OFF THE HIGHWAY, YOU JUST DRIVE DOWN DANVILLE OR.

DANVILLE? I THINK IT IS. I'M NOT HERE. I'M NOT FROM HERE.

SORRY, BUT YOU'LL GO DOWN THAT STREET, AND THEN YOU GET RIGHT OFF AT VOGEL RIGHT HERE, AND THEN YOU'LL GO DOWN BELLAIRE.

WHICH I WASN'T ABLE TO MAKE A MAP OF THE THE FLOW OF TRAFFIC, BUT THE ENTRANCE WOULD BE OVER ON BEL AIR, AND THEN THEY WOULD HAVE TO EXIT OUT ON MENTOR LANE.

SO THERE WOULD BE A FENCE UP. SO THERE IS NOT TWO WAY TRAFFIC, LIKE THEY HAVE TO COME IN IN ONE GATE AND THEY HAVE TO LEAVE THROUGH THE OTHER.

SO ANY OTHER QUESTIONS? IS THE CHURCH STILL MEETING THERE? NO. THEY MEET AT THE BUILDING ACROSS THE STREET OVER ON THE OTHER SIDE OF BEL AIR.

ANY OTHER QUESTIONS? ALL RIGHT. THANK YOU SO MUCH FOR BEING HERE.

THANK YOU. PUBLIC HEARING IS STILL OPEN. WOULD ANYBODY ELSE LIKE TO COME UP AND ADDRESS THIS MATTER? SEEING NONE, WE'LL CLOSE THE PUBLIC HEARING. DISCUSSION AMONG THE COMMISSIONERS.

CAN WE GO TO THE. ARE THERE ANY RECOMMENDED? NO, IT'S JUST AN APPROVAL RECOMMENDATION.

JUST MAKING SURE THERE WERE NO CONDITIONS. I CERTAINLY UNDERSTAND CONCERNS.

ANYTIME SOMETHING THAT'S RESIDENTIAL IS CHANGED TO GENERAL COMMERCIAL, I UNDERSTAND CONCERNS FROM THE, THE NEIGHBORS. AND BUT I ALSO DO SEE THIS AS A PRIME SPOT FOR A MUCH NEEDED SERVICE IN ABILENE.

RIGHT THERE DIRECTLY ACROSS FROM THE ELEMENTARY SCHOOL. SERVING THIS NEIGHBORHOOD.

I THINK IT COULD ACTUALLY BE AN ASSET TO THE NEIGHBORHOOD. AND I DOUBT THAT THEY'RE GOING TO SEE SIGNIFICANT INCREASE IN TRAFFIC OVER TYPICAL SUNDAY TRAFFIC, EVEN THOUGH IT WAS ZONED RESIDENTIAL BECAUSE IT WAS A CHURCH THAT COULD GO ANYWHERE.

SO IT WASN'T IT HASN'T BEEN OPERATING RESIDENTIAL FOR THE LAST 50 YEARS SINCE I STARTED THERE.

AND THAT'S THE OTHER THING. I DON'T SEE THE CHURCH EVER BEING CONVERTED INTO A HOUSE OR PEOPLE COMING AND PUTTING HOUSES UP ON THIS BUSY STREET.

SO IT'S GOING TO BE SOMETHING, ESPECIALLY WITH THE UNDEVELOPED PLAN DEVELOPMENT DISTRICT NEXT WITH HAVING A BASE OF COMMERCIAL.

THIS, TO ME, IS NOT ENCROACHING TOO MUCH INTO THE RESIDENTIAL BY STILL STAYING ALONG THE ROAD ALONG THE SCHOOL, DIFFERENT THINGS LIKE THAT. SO I WOULD I WOULD AGREE WITH WHAT YOU'RE SAYING.

I, I DON'T, I DON'T THINK IN IN PRACTICAL IT WILL HAVE A TRAFFIC CONCERN.

IF ANYTHING IT POTENTIALLY COULD HAVE TRAFFIC LESSEN DURING THE DAY AND DIFFERENT TIMES.

SO AND I'LL JUST GO AHEAD. NO I WAS JUST SAYING ALSO A 24 HOUR DAYCARE, SOMETHING THAT WE'VE BEEN TALKING ABOUT THROUGHOUT THE CITY FOR A

[00:35:02]

LONG TIME. AND SO IF IT'S A ONE WAY IN AND OUT AND THE CONCERNS IS MET, I TOTALLY AGREE WITH EVERYTHING YOU TWO JUST SAID.

WHAT IS THAT ZONING ACROSS THE STREET WHERE THE CHURCH IS MEETING THAT HAD A DIFFERENT COLOR ON THE THAT LIGHT BLUE IS A PLANNED DEVELOPMENT DISTRICT THAT HAS A BASE OF GENERAL COMMERCIAL, AND SO IT CAN HAVE OTHER USES IN IT.

BUT IT'S A PLANNED DEVELOPMENT DISTRICT WITH GENERAL COMMERCIAL BEING THE, THE KIND OF THE HOLDING.

SO THE COMMERCIAL CONCERN IS JUST DIRECTLY ACROSS THE STREET.

YEAH. OKAY. AND A CHURCH CAN GO IN ANY WAY. ANY ZONING, YOU COULD PUT A CHURCH IN THE MIDDLE OF A HEAVY INDUSTRIAL IF YOU WANTED TO.

THERE'S NOT A LIMITATION ON THAT. WE HAD A CASE A FEW YEARS AGO WHERE A CHURCH WAS SELLING A FACILITY THAT THEY WERE OPERATING AS A DAYCARE TO A FOR PROFIT COMPANY, AND IT HAD TO BE ZONED BECAUSE IT WAS NO LONGER OWNED BY THE CHURCH.

SO, LIKE, IF MR. LANE WAS STILL OWNING THIS AND WANTING TO RUN IT AS A 24 HOUR DAYCARE, THIS WOULDN'T EVEN BE A ZONING CASE BEFORE US BECAUSE THEY COULD DO IT AS THE CHURCH.

BUT THEY DO STILL OWN THE PROPERTY. THEY DO STILL OWN THE PROPERTY, AND I THINK THEY'RE LOOKING TO DO THE ZONE TO THEN SELL IT.

THAT'S WHAT I WOULD ASSUME, THAT THAT'S THE PARTNERSHIP WITH THE WITH THE LADY WE HEARD TODAY THAT THEY'RE LOOKING TO GET THIS ZONING SO SHE CAN THEN PURCHASE IT AND START OPERATING DAYCARE SERVICE. SO ANY MOTIONS ON THIS ONE OR ANY FURTHER DISCUSSION.

MOTION TO APPROVE. I'LL TELL YOU THE FIRST. I'LL SECOND KEVIN WITH A SECOND.

YES, MR. HOUSE. YES, MR. HALLIBURTON? YES, MISS LEWIS? YES, MR. SEITZ? ABSTAIN. YES. AND MR. BIDDLE.

YES. AND THE MOTION IS APPROVED.

OKAY. OUR LAST AGENDA ITEM IS ZONING CASE NUMBER SIX OR AGENDA ITEM NUMBER SIX.

ZONING CASE 2020 604. RECEIVE REPORT HALL DISCUSSION, PUBLIC HEARING.

TAKE ACTION ON THE REQUEST FROM THE OWNER TO CHANGE THE ZONING OF APPROXIMATELY 3.23 ACRES FROM GENERAL RETAIL TO LIGHT INDUSTRIAL ZONING.

LOCATED AT 28 WINDMILL CIRCLE. GOOD AFTERNOON.

MY NAME IS CLARICE HARVEY. BEFORE YOU HAVE KIDS, 2020 604 REQUEST OF THE OWNER.

WINDMILL CIRCLE APARTMENTS, LLC. REPRESENTATIVE AGENT IS MR. ROSENBAUM. THE REQUEST IS TO CHANGE THE ZONING FROM GENERAL RETAIL TO INDUSTRIAL.

THE PROPERTY IS ALONG HAS ACCESS OFF OF WINDMILL CIRCLE AS WELL AS OF MEMORIAL DRIVE.

THE PROPERTY IS CURRENTLY ZONED GENERAL COMMERCIAL.

AND THEY'RE PROPOSING THE LIGHT INDUSTRIAL. THE PROPERTY VIEWS.

AS YOU CAN SEE, THERE ARE SOME WAREHOUSES IN VACANT PROPERTIES WITH SOME RESIDENTIAL ACROSS MEMORIAL.

AND THESE ARE THE PERMITTED USES IN GENERAL RETAIL ZONING.

THESE ARE THE PERMITTED USES IN LIGHT INDUSTRIAL.

WE SEND OUT NOTIFICATIONS AND WE RECEIVED ONE IN FAVOR AND ZERO OPPOSE.

THE REQUEST IS CONSISTENT WITH THE COMPREHENSIVE PLAN. THE SURROUNDING USES AND ZONING, GENERALLY ACCEPTED PLANNING PRINCIPLES AND THE CRITERIA FOR APPROVAL IN THE LAND DEVELOPMENT CODE. STAFF RECOMMENDATION TODAY IS APPROVAL.

I'D BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. CAN YOU GO BACK TO THE NOTICE AREA? OKAY. IT'S JUST SEEING WHICH RESIDENTIAL PROPERTIES GOT NOTIFIED.

OKAY. ANY QUESTIONS FOR CLARISSA? THANK YOU SO MUCH.

WE'LL OPEN UP THE PUBLIC HEARING ON THIS MATTER. WOULD ANYBODY LIKE TO ADDRESS AGENDA ITEM NUMBER SIX? CLINT ROSENBAUM ROSENBAUM, ENGINEERING AGENT FOR THE OWNER.

THIS IS QUITE A DIFFERENCE THAN THE LAST TIME WE HAD THE ZONING CASE ON THIS PIECE OF PROPERTY. THAT'S WHY. YEAH, THAT'S WHY I ASKED ABOUT THE RESIDENTIAL. YEAH, I DID NOTIFY PEOPLE OVER IN THERE TO BE SURE AND WATCH WHAT WAS COMING UP.

AND IT DID GET OUT TO THE HOA. SO I FEEL LIKE IF ANYBODY HAD ANY OPPOSITION, THEY WOULD HAVE BEEN HERE TODAY.

SO YOU KNOW, THE THE FIRST THING I WANT TO POINT OUT IS THAT THIS IS ACTUALLY SEVEN ACRES, AND IT ONLY SAYS 3.23 IN THE NOTICE, AND IT ONLY LISTS ONE OF THE PIECES OF PROPERTY IN THE NOTICE.

SO I DON'T KNOW IF THAT'S THAT'S AN ISSUE OR NOT.

ON THE OTHER PARCEL THERE IS A NOTIFICATION AREA.

SO WE HAD TO PULL THAT ONE. IT IT'S GOING TO BE BROUGHT UP RIGHT.

SO OKAY. NEVER MIND I'M SORRY I'LL LET I'LL LET CLARISSA I'VE BEEN OFF THE LAST TWO WEEKS, SO I'M. I'M SORRY. APOLOGIZE. WELCOME BACK. WE'LL ASK HER UP AFTER YOU'VE FINISHED TALKING.

[00:40:05]

AND IF WE NEED TO TABLE THIS ONE. SO WE TAKE THEM BOTH AT THE SAME TIME.

OKAY. IF THERE IS AN ISSUE, AN ISSUE WITH THAT. SO THAT'S WHY I'M BRINGING IT UP.

OKAY. AN ISSUE WITH TABLING AND TABLING THIS, THIS CASE.

OKAY. OKAY. BUT ANYWAY, SO THE REASON FOR THE REASON FOR THE CHANGE IN ZONING, WE TRIED TO FIT THIS.

THE THE OWNERS, OBVIOUSLY THE APARTMENTS THAT WAS THERE BEFORE AND NOW THE, THE THE BUYER HERE IN THIS CASE IS IS A BIG COUNTRY DERMATOLOGY PHARMACY. THEY'RE ACTUALLY OPERATING OUT OF CHOICE MEDICAL WHICH I THINK IS 24 127 ON YOUR MAP UP THERE RIGHT NOW.

AND SO THEY'RE WANTING TO EXPAND AND MOVE THEIR FACILITY UP TO ANOTHER LOCATION, WHICH THIS IS A GOOD LOCATION FOR THEM.

AND THE REASON IT WOULDN'T FIT IN GENERAL RETAIL IS BECAUSE OF THE VOLUME THAT THEY DO.

THEY IT'S A MAIL ORDER PHARMACY. ABOUT 99% OF THEIR, THEIR PHARMACEUTICALS THAT GO OUT ARE MAIL ORDER THROUGH THE MAIL.

AND SO IT JUST IT WOULDN'T FIT INTO GENERAL. IT FITS MORE INTO A WHOLESALE CATEGORY THAN IT DOES INTO RETAIL.

AND SO IT JUST DIDN'T FIT IN. SO LIGHT INDUSTRIAL IS THE REASON, REASON WE WERE THERE.

I CAN WILL IT BE FACING WINDMILL CIRCLE OR FACING MEMORIAL? WE HAVEN'T REALLY WORKED ON IT YET. IT'S IT'S GOING TO WIND UP BEING TWO BUILDINGS, ABOUT TWO 20,000 SQUARE FOOT SINGLE STORY BUILDINGS.

SOME WILL BE DARK, SOME WILL BE YOU KNOW, LOW, HIGH, AND THEN SOME WILL BE AT GRADE.

AND SO WE REALLY HAVEN'T WORKED ON THE SITE PLAN ANY TO FIGURE OUT EXACTLY WHAT, WHAT, WHAT WE'RE GOING TO DO OR HOW WE'RE GOING TO DO IT.

AND IT'LL BE A CAMPUS KIND OF SET UP. SO YOU KNOW, THERE'LL PROBABLY BE THE NEED FOR MORE PARKING THAN ACTUAL PARKING THAT WOULD BE REQUIRED BECAUSE THEY'RE LOOKING AT ABOUT 150 EMPLOYEES.

SO SO WE'LL JUST HAVE TO KIND OF WORK ALL THAT OUT WHEN WE GET THERE.

WE'LL CLOSE THE PUBLIC HEARING, INVITE CLARISSA BACK UP, AND THEN OPEN IT BACK UP.

IF SO, YOU CAN ADDRESS THE TABLING OR WHATEVER IT IS WE NEED TO FIGURE OUT.

THANKS, CLARISSA. SO INITIALLY, THE PROPERTY, THE NOTICE ON THE NEWSPAPER WAS SENT OUT FOR ONLY 3.83 ACRES. AND A FEW DAYS LATER, THE THERE WAS A NOTICE ON THE THE NEWSPAPER FOR THE REMAINDER OF THE TRACK, SO THE SEVEN AND SUCH ACRES.

THEREFORE BRINGING THE WHOLE PROPERTY BOTH 25 ZERO 15 AND 25 ZERO 16.

PROPERTIES HAVE BEEN PROPERLY NOTICED. NOTIFY PER THE NEWSPAPER AND ALSO ON THE NOTICES THAT WERE MAILED OUT AND ALSO ON THE STAFF REPORT. HOWEVER, I DID JUST NOTICE ON THE PRINTED AGENDA THAT'S OUTSIDE IT SAYS THREE.

SO I WANTED TO TURN TO MISS ALL THE NOTICES ARE OKAY FROM A TIMING STANDPOINT.

WE JUST IT'S WRONG ON OUR AGENDA. YES. OKAY. THIS PROPERTY HAS BEEN REPLANTED OR IS IN THE PROCESS OF BEING REPLANTED.

OH NO. IT'S THE TWO PARCELS AND AWARE IF THEY'RE WANTING TO REPLANT IT INTO ONE OR IF THEY'RE GOING TO KEEP THE PARCEL SEPARATE.

ANY OTHER QUESTIONS FOR CLARISSA? SO DID THE NOTICES HAVE THE LIST, THE SEVEN LIST? SEVEN ACRES? OR WAS IT TWO SEPARATE ONES THAT EQUALED SEVEN? IT WAS AS THE SEVEN ACRES. OKAY.

KELLY, DO YOU THINK WE'RE OKAY TO MOVE FORWARD? YOU KNOW, I DON'T HAVE AN ANSWER RIGHT THIS MINUTE.

WE CAN TAKE A RECESS AND COME BACK, AND I CAN.

I CAN LOOK INTO IT IF WE WANT TO DO THAT, TO BE SURE.

OKAY. THAT MIGHT BE THE BEST. WE'LL TAKE A BRIEF, BRIEF RECESS.

WE'LL CALL IT TEN MINUTES AND THEN TRY TO COME BACK TOGETHER AND HOPEFULLY HAVE AN ANSWER.

AND SO WE'RE GOING TO RECESS RIGHT NOW AT 214.

WE'LL COME BACK AT 224. ALL RIGHT. IT IS 225.

WE'RE BACK FROM RECESS. KELLY, WHAT CAN YOU TELL US? OKAY, SO APPARENTLY THE AGENDA ONLY LISTS ONE OF THOSE PARCELS.

IT DOESN'T LIST BOTH PARCELS. SO IT'S NOT JUST THE ACREAGE THAT'S OFF.

AND SO IT'S AS IF YOU TOOK YOU CAN'T TAKE ACTION ON, BUT THE ONE THAT'S LISTED ON THE AGENDA BECAUSE THE OTHER PARCEL IS NOT LISTED ON THE AGENDA ALL AT ALL.

SO THERE'S NO NOTICE. SO IT'S AS IF YOU WOULD BE TAKING ACTION ON SOMETHING THAT'S JUST NOT EVEN LISTED ON THE AGENDA.

AND SO WE WILL HAVE TO BRING IT FORWARD AT ANOTHER MEETING.

OKAY. BUT AS A SEPARATE ITEM, WELL, YOU CAN TAKE ACTION ON THE ONE THAT'S LISTED ON THE AGENDA, BUT THE OTHER ONE WE'RE GOING TO HAVE TO TO BRING BACK.

[00:45:02]

OKAY. ALL RIGHT. WE'LL OPEN UP THE PUBLIC HEARING.

WOULD ANYBODY LIKE TO ADDRESS THIS MATTER? CLINT ROSENBAUM ROSENBAUM ENGINEERING AGENT FOR THE OWNER.

SO THAT WOULD PUT IT COMING BACK TO YOU GUYS ON FEBRUARY THE 3RD.

AND SO HERE'S MY QUESTION BECAUSE WE'RE WORKING TOWARDS A MARCH 2ND CLOSING MONDAY, MARCH 2ND CLOSING.

IF THAT HAPPENS, WE BRING IT BACK ON FEBRUARY THE 3RD.

CAN IT MAKE THE CAN IT MAKE THE FEBRUARY 12TH AND FEBRUARY 26TH COUNCIL MEETINGS AND STILL HIT OUR MARCH DATE? YEAH, HE CAN WE CAN WHAT WE CAN DO IS EXPEDITE IT AND AND HAVE IT.

THE FINAL READ ON THE WHAT IS IT, THE 28TH FEBRUARY 20.

I GOT 26. BUT IF IT. YEAH THAT'S THURSDAY. SO I KNOW COUNCIL MEETING IS ON THE 12TH BECAUSE THAT WAS THE FINAL READING.

SO IF IT'S TWO WEEKS AFTER THAT IT'LL BE ON THE 26TH.

SLOW THAT ONE LOT DOWN BY TWO WEEKS. WE CAN DEFINITELY HAVE THE FINAL READ ON THE 26TH.

OKAY. I'M GOING TO I'M GOING TO TURN THE PODIUM OVER TO ERIC AND AND LET HIM.

OKAY. OKAY. WHAT DO YOU THINK, ERIC? ERIC JOHNSON PAUL JOHNSON ASSOCIATES, 4633 SOUTH 14TH STREET. AND I'M HERE IN THE CAPACITY I REPRESENT THE BUYER ON THIS PROPERTY.

AND WE'VE HAD THIS IN CONTRACT FOR OVER 90 DAYS AND DONE A LOT OF THE DUE DILIGENCE AND MOST OF IT.

AND CLINT WAS HIRED TO COME IN TO DO THE, YOU KNOW, THE ZONE CHANGE ON THIS.

AND OBVIOUSLY TIME IS OF THE ESSENCE. WE HAVE A CONTRACT AND IT'S ALREADY BEEN PUSHED BACK TWICE AS FAR AS OUR FEASIBILITY GOES.

SO THE FEASIBILITY ACTUALLY EXPIRES MID-FEBRUARY FEBRUARY 15TH.

AND THEN THE CLOSING DATE IS SCHEDULED FOR THE SECOND ON OR BEFORE THE SECOND, WHICH IS A MONDAY, MARCH. SO THAT BEING SAID AND THIS IS A QUESTION FOR, FOR P AND Z. IF, IF ONE SIDE COULD BE APPROVED TODAY AND THEN WE BASICALLY REPEAT THE PROCESS FOR THE SECOND IS THAT IS THAT AN OPTION? IS THAT WHAT YOU'RE SUGGESTING? OR. YEAH, THEY CAN ACT ON THE ONE THAT'S ON THE AGENDA TODAY.

AND WE CAN BRING THE OTHER PARCEL BACK IN FEBRUARY.

WE CAN EXPEDITE IT WITH A FIRST READ ON THE 12TH AND A FINAL READ ON FEBRUARY 26TH.

OKAY. IN THE SAKE OF TIME AND EFFORT, I THINK THAT WOULD BE APPROPRIATE TO DO THAT NOW AND THEN.

HAVE THE OTHER PARCEL BROUGHT IN AT A LATER DATE.

I JUST I'D LIKE TO SEE AT LEAST THAT TO REPORT BACK TO THE CLIENT AND LET THEM KNOW, HEY, YOU KNOW, THERE WAS JUST AN ERROR ON ON POSTING, AND, YOU KNOW, WE'RE HALFWAY THERE, I THINK WOULD BE BETTER THAN WE DON'T HAVE ANYTHING YET. YEAH, WE CAN GET YOU SOMETHING IN WRITING CLARISSA CAN TO GIVE TO YOUR CLIENTS SO THAT HOPEFULLY IT GIVES HIM SOME COMFORTABILITY.

BUT WE'LL DEFINITELY PROCESS IT THAT WAY. OKAY.

WELL, THEN YEAH, I JUST WANT TO HEAR THEN I GUESS FROM FROM EVERYONE ON AND I'LL TELL YOU, OUR HANDS ARE TIED. WE CAN ONLY MOVE FORWARD WITH THIS ONE.

SO REALLY, OUR OPTIONS TODAY ARE TO MOVE FORWARD WITH DISCUSSING THIS ONE AND VOTING ON IT OR TABLING IT, AND YOU WANTING THEM TO BOTH GO FORWARD TOGETHER AT IN FEBRUARY.

AND SO IF YOU IF Y'ALL WOULD LIKE US TO CONSIDER THIS ONE AND MOVE FORWARD WITH A DISCUSSION ON IT.

SO YOU HAVE THAT TO REPORT BACK, THEN THAT'S WE WILL WE WILL DO THAT TODAY.

BUT THAT'S KIND OF WHERE, WHERE WE'RE AT BECAUSE I DON'T THINK WE DON'T HAVE THE OPTION TO DO ANYTHING OTHER THAN THAT. SO, SO JUST SO I'M CLEAR. SO IF WE DO MOVE FORWARD WITH THIS ONE, BASICALLY THE PROCESS WOULD START OVER.

WE COULD STILL EXPEDITE IT AND THEN IT WOULD JUST BE A SEPARATE TOTALLY SEPARATE DEAL.

AND I THINK THIS FIRST HALF WOULD MOVE FORWARD TO COUNCIL IN THE NEXT TWO COUNCIL HEARINGS.

SO AT LEAST YOU WOULD HAVE EVEN FURTHER GUIDANCE FROM HOW COUNCIL IS FEELING ABOUT THE PROPERTIES AS WELL.

YEAH, YEAH. AND SO THERE MIGHT BE POSITIVE THINGS THERE FROM Y'ALL FROM A DUE DILIGENCE STANDPOINT TO JUST KNOW THAT, HEY, THIS HAS ALREADY GONE THROUGH. WE'VE GOTTEN HALF OF IT. NOW WE'VE JUST GOT TO COME BACK AND DO THE OTHER HALF. YEAH, YEAH. SO I LIKE THAT IDEA. THAT'S THAT'S WHAT I WOULD I WOULD ASK. OKAY. THANK YOU. THANKS FOR BEING HERE.

JUST JUST A FYI, THE FINAL READ FOR THIS CASE TODAY WOULD BE ON THE 12TH.

AND THEN THE OTHER PARCEL, IF WE FAST TRACK IT, THE FINAL READ ON THAT ONE WOULD BE THE 26TH.

SO IT'S JUST TWO WEEKS DIFFERENCE. OKAY. OKAY.

THANK YOU. THANK YOU TIM. ALL RIGHT. ANY OTHER ANYBODY TO ADDRESS THIS MATTER? SEEING NONE, WE'LL CLOSE THE PUBLIC HEARING. ANY DISCUSSIONS OR QUESTIONS AMONG THE COMMISSIONERS? ANY QUESTIONS FOR ZONING STAFF?

[00:50:02]

WILL THE CLIENT INCUR ANY FURTHER COSTS? OKAY.

THANK YOU. ANY MOTIONS ON THIS MATTER OR DISCUSSIONS? I'LL MAKE A MOTION TO APPROVE THE PLAT THAT IS ON THE AGENDA.

SECOND. WE HAVE A FIRST AND A SECOND. MR. STRASSER? YES. MR. HOUSE? YES. MR. HALLIBURTON? YES. MISS LEWIS? YES. MR. SYKES? YES. AND MR. BENHAM. YES. AND THE MOTION CARRIES.

ALL RIGHT. WE HAVE A HOUSEKEEPING MATTER RELATED TO TRAINING THAT WE NEED FROM LEGAL.

[EXECUTIVE SESSION]

AND SO WE'RE GOING TO GO INTO EXECUTIVE SESSION FOR A FEW MINUTES.

THEN WE'RE GOING TO COME BACK OUT AND ADJOURN THE MEETING. BUT THAT IS EVERYTHING THAT'S ON OUR AGENDA FOR TODAY. SO WE'RE GOING TO GO INTO EXECUTIVE SESSION NOW 232 AT 232.

ALL RIGHT. WE'RE ADJOURNED. WE ADJOURN FROM EXECUTIVE SESSION AT 245.

AND NO ACTION WAS TAKEN IN THAT EXECUTIVE SESSION.

NOW, THERE ARE NO AGENDA ITEMS LEFT ON TODAY'S PNC.

AND SO WE ARE ADJOURNED AT 246. THANK YOU ALL FOR BEING HERE.

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.