Jun 02, 2020 Planning & Zoning

[CALL TO ORDER]

[00:00:03]

>> GOOD AFTERNOON. I WILL CALL THIS MEETING OF THE PLANNING AND ZONING COMMISSION TO ORDER. WE GENERALLY START WITH A PRAYER.

[INVOCATION]

>> LET US PRAY. GOD, WE COME FIRST TO SAY THANK YOU.

WE THANK YOU FOR THIS DAY. WE THANK YOU, GOD, FOR ALLOWING US TO COME TOGETHER AND DO THE WORK OF THIS COMMITTEE. WE THANK YOU, GOD, FOR WHAT YOU HAVE DONE IN THIS CITY. YES, THE DISEASE, IT HAS HIT US, BUT NOT AS BAD AS OTHERS.

GOD, WE PRAY THAT THOUGH THERE ARE INDIVIDUALS INFECTED, THAT YOU WILL MAKE THEM WHOLE AGAIN. WE THANK YOU, GOD, FOR PROTECTING US, AND WE PRAY THAT YOU WILL CONTINUE TO PROTECT US, AND GOD IF ANY OF OUR FAMILIES OR FRIENDS MIGHT HAVE BEEN INFECTED, HEAL THEM, WE PRAY. AND GOD, WE REALIZE THAT YOU ARE THE SAME GOD THAT IS YOU PUT AN INVISIBLE FIERY TAR -- FIRE RETARDANT ON THEM AND WE ASK YOU, GOD, TO CONTINUE TO PUT THE INVISIBLE PROTECTION AROUND US SO WE WILL STAY HEALTHY. GOD, WE ASK A SPECIAL BLESSING ON OUR NATION.

YOUR WORD SAID IF WE HUMBLE OURSELVES AND SEEK YOUR FAITH AND PRAY, YOU WILL FORGIVE US OF OUR SINS. WE ARE HERE ASKING YOU TO FORGIVE US.

WE PRAY, GOD, THAT YOU WILL MAKE THIS NATION AND THIS WORLD FREE OF THAT DISEASE THAT IS RUNNING RAMPANT. AND GOD WE ASK YOU TO REMEMBER THE FAMILIES, ALL OF THE FAMILIES THAT ARE GRIEVING TODAY BECAUSE OF THE LOSS OF A LOVED ONE.

TOUCH AND BLESS IN A SPECIAL WAY. GOD, WE THANK YOU FOR THE RAIN WE WE RECEIVED THE OTHER DAY. AGAIN, GOD, WE ASK YOU TO HELP US TO MAKE THE DECISION THIS AFTERNOON THAT WOULD BE PLEASING FOR THESE BLESSINGS AND ALL OTHERS.

WE ASK IN YOUR SWEET SON JESUS' NAME, AMEN. >> AMEN.

>> THE PLANNING AND ZONING COMMISSION IS THE FINAL AUTHORITY FOR THE APPROVAL OF PLATS. IT ACTS AS A RECOMMENDING BOARD TO THE CITY COUNCIL IN MANNERS OF ZONING. THE DECISIONS OF THIS BOARD MAY BE APPEALED TO THE CITY COUNCIL THROUGH THE OFFICE OF THE CITY SECRETARY NO LATER THAN 10 DAYS FROM THE DATE OF THIS MEETING AND ALL APPEALS MUST BE MADE IN WRITING. THE PUBLIC IS INVITED TO SPEAK BY THE PLANNING COMMISSION AND AFTER RECEIVING RECOGNITION BY THE CHAIR.

THOSE WISHING TO BE HEARD SHALL APPROACH THE PODIUM AND AND STATE YOUR NAME AND PURPOSE FOR APPEARING. EACH SPEAKER IS ASKED TO GO NO MORE THAN FIVE MINUTES.

HOWEVER, ADDITIONAL TIME CAN BE GRANTED AT THE DISCRETION OF THE CHAIR.

FIRST ITEM ON THE AGENDA IS THE APPROVAL OF MINUTES FROM OUR PREVIOUS MEETING HELD ON

[MINUTES]

ANY ADDITIONS, DE LESIONS, -- DELETIONS. >> MOTION TO APPROVE.

>> MOTION TO A PROVE. DO I HAVE A SECOND? >> SECOND.

>> MOTION TO APPROVE AND THE SECOND. ALL IN FAVOR SAY I.

>> I. >> OPPOSED? THANK YOU.

WE ARE READY FOR PLATS. >> PLANNING SERVICES. THERE ARE TWO PLATS FOR YOUR

[PLATS]

[00:05:02]

>> ANY QUESTIONS? THANK YOU, SIR. >> THANK YOU.

>> I WILL OPEN THE PUBLIC HEARING. ANYONE CARE TO SPEAK TO THESE PLATS, PLEASE COME FORWARD. SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING.

DISCUSSION BY THE COMMISSION FOR A POSSIBLE -- OR A POSSIBLE MOTION?

>> I WILL MOVE TO APPROVE. >> I HAVE A MOTION TO APPROVE.

DO I HAVE A SECOND? >> I WILL SECOND. >> MOTION TO APPROVE AND

SECOND. >> MR. BARNETTE. >> YES.

>> MS. RUSSELL. >> YES. >> MR. BEAN.

>> YES. >> MR. ROENBAUM. >> YES.

>> NUNEN. >> YES. >> MR. LANKFORD.

>> YES. >> THE MOTION TO APPROVE CARRIES.

[4. 1-2020-08: Public hearing and possible vole to recommend approval or denial to City Council on a request from TTY Holdings LLC. and Jeff Luther Construction Company, agent Timothy Yandell, to rezone from Light Industrial (LI) and Multi-Family Residential (MF) to a Planned Development District (PDD): Legal descriptions being Lots 7 & 8 Block 67, Original Town Abilene, and located at 630 North 5th Street, Lot 1-6, Block 67, located at 502 & 518 Ash Street, Lot 12. Block 67, located at 629 North 6th Street, Lot 7, Block 104, located at 601 Plum Street, Lots 7-12, Block 66, located at 501, 509, 525, 533, 541 Ash Street, Original Town Abilene, Abilene, Taylor County, Texas]

>> THE NEXT ITEM IS Z-2020-08. PUBLIC HEARING AND POSSIBLE VOTE TO RECOMMEND APPROVAL OR DENIAL TO THE CITY COUNCIL ON A REQUEST FROM TTY HOLDINGS, LLC AND JEFF LUTHER CONSTRUCTION COMPANY, AGENT TIMOTHY YANDELL TO REZONE FROM LIGHT INDUSTRIAL, LI, TO MULTI-FAMILY RESIDENTIAL, MF, TO A PLANNED DEVELOPMENT DISTRICT, PDD, LEGAL DESCRIPTION BEING LOTS 7 AND 8, BLOCK 67. ORIGINAL TOWN AB -- ABILENE AND LOCATED AT 630 NORTH 5TH STREET LOSS 1-6 BLOCK 67, LOCATED AT 502 AND 518 ASH STREET. LOT 12, BLOCK 67, LOCATED AT 629 NORTH 6TH STREET.

LOT 7, BLOCK 104, LOCATED AT 601 PLUM STREET. LOTS 7-12, BLOCK 66, LOCATED AT 501, 509, 525, 533 AND 541 ASH STREET. ORIGINAL TOWN ABILENE,

ABILENE, TAYLOR COUNTY, TEXAS. >> GOOD AFTERNOON.

JAROD SMITH, PLANNING AND DEVELOPMENT SERVICES. TODAY I AM PRESENTING CASE Z-2020-08. THE OWNERS OF THE PROPERTY IS TTY HOLDINGS AND JEFF LUTHER CONSTRUCTION. AGENT IS TIM YANDELL. THEY ARE REQUESTING TO REZONE 16 LOTS WITHIN THE ORIGINAL TOWN OF ABILENE FROM A MIXTURE OF MULTI-FAMILY AND LIGHT INDUSTRIAL TO A PLANNED DEVELOPMENT DISTRICT. THIS PLANNED DEVELOPMENT DISTRICT LOT WITH BASE UNDERLINE JOAN -- ZONING OF CENTRAL BUSINESS AND WILL ALLOW LIGHT MANUFACTURING USE AS WELL. THE LOCATION OF THE ZONE CHANGE REQUEST IS TWO BUILDINGS. ONE AT 630 NORTH 5TH STREET AND ONE AT 629, NORTH 6TH STREET AND APPROXIMATELY 2.1 ACRES OF VACANT LAND IN THE ORIGINAL TOWN OF ABILENE. WE SENT LETTERS TO PROPERTY OWNERS IN THE SURROUNDING RADIUS AND RECEIVED ONE IN FAVOR AND 0 IN OPPOSITION.

HERE IS OUR AERIAL LOCATION MAP SHOWING ALL 16 OF THOSE SUBJECT LOTS THAT WILL BE SUBJECT TO THIS ZONE CHANGE REQUEST. IT IS ABOUT A BLOCK AWAY FROM CITY HALL TO THE EAST. ZONING MAP IS SHOWING THE CURRENT ZONING OF THE SUBJECT PROPERTIES TO BE A MIXTURE OF MULTI-FAMILY AND LIGHT INDUSTRIAL.

AS YOU CAN SEE THERE IS EXISTING CENTRAL BUSINESS ZONING AS WELL AS HEAVY COMMERCIAL ZONING IN THIS SUBJECT AREA. WE DO HAVE ONE PD TO THE SOUTH WHICH ALSO HAS A BASE UNDERLINE ZONING OF CENTRAL BUSINESS.

THE SUBJECT LOTS ARE WITHIN THE NEIGHBORHOOD APARTMENT ZONE WHICH WAS ESTABLISHED TO PROMOTE REDEVELOPMENT WITHIN ECONOMICALLY DISTRESSED AREAS OF ABILENE.

THERE IS A PERMITTED USE SLIDE SHOWING ALL USES WHICH WOULD BE PERMITTED WITH THE CB UNDERLINE ZONING OF THE DISTRICT. THERE IS PERMITTED USE SLIDE FOR LI ZONING. A FEW OF THE PROPERTIES ARE BEING UTILIZED CURRENTLY AS MANUFACTURING LIGHT. I THINK WE ARE JUST TRYING TO SHOW THAT YOU IT IS A PERMITTED USE THAT WOULD CONTINUE TO BE ALLOWED. IT WOULD BE GRANDFATHERED USE IF WE APPROVE THIS REQUEST. PHOTOGRAPHS OF THE OPT -- OF THE SUNT -- SUBJECT PROPERTIES. THIS REQUEST IS CONSISTENT WITH THE CONFIDENCE AND PLAN AND FUTURE OF MY IN USE AND DEVELOPMENT PLAN MAP. IT IS CONSISTENT WITH THE GENERAL LAND USE AND THE ZONING CHARACTER OF THE IMMEDIATE AREA.

AND IT WAS REVIEWED PURSUE WENT TO SECTION -- PURSUANT TO 1414 IN THE LAND AND DEVELOPMENT CODE AND THE CITY STAFF RECOMMENDS APPROVAL. HERE IS A NOTIFICATION MAP SHOWING THE 200-FOOT BUFFER AROUND SUBJECT PROPERTY. WE RECEIVED ONE RESPONSE AND THAT IS 601 PLUM STREET AS YOU CAN SEE ON THIS MAP HERE. HAPPY TO ANSWER ANY QUESTIONS

YOU MAY HAVE AT THIS TIME. >> DID YOU SAY STAFF RECOMMENDED APPROVAL WITH

CONDITIONS? DID I MISS SOMETHING? >> NO, NO CONDITIONS.

[00:10:03]

>> OH, OKAY. >> DIDN'T THIS PROPERTY TAKE IN A PARKING LOT?

>> THAT'S CORRECT. THERE IS AN EXISTING PARKING LOT.

LET ME DOUBLE BACK TO THAT. IT IS JUST EAST OF ASH STREET IS AN EXISTING PARKING LOT.

THE ZONING ON IT IS CURRENTLY MULTI-FAMILY. SO WE ARE JUST, AGAIN, THERE IS A WIDE ARRAY OF COMMERCIAL USAGE. ONE OF THE REASONS FOR THE ZONE CHANGE REQUEST CAME FROM 630 NORTH 5TH STREET WHICH IS THE BELT BUCKLE DISTILLERY. THEY HAVE LONG-TERM PLANS TO ACTUALLY UTILIZE THE SPACE AS SOME SORT OF EVENT SPACE OR A TASTING ROOM OF SOME SORT IN ORDER TO CONSUME ALCOHOL ON PREMISE AND THEY HAVE TO BE SO MANY FEET FROM MULTI-FAMILY OR RESIDENTIALLY ZONED LOTS.

THIS WOULD AVOID THAT FROM BEING ENCROACHING WITHIN THOSE PER -- PARAMETERS.

>> PD OR CB? >> IT IS A PLANNED DEVELOPMENT DISTRICT WITH A BASED ZONING

OF CB. >> SO THE PARKING ISSUE GOES AWAY?

>> YES. >> ANY OTHER QUESTIONS? THANK YOU, SIR.

>> THANK YOU. >> I WILL OPEN THE PUBLIC HEARING.

WOULD ANYONE CARE TO SPEAK TO THIS ITEM? IF SO, PLEASE COME FORWARD.

SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING. DISCUSSION FROM THE

COMMISSION? OR A POSSIBLE MOTION? >> SO MOVED --

>> I SECOND. >> MOTION BY REVEREND RANKNORD.

DO -- LANKFORD. DO I HAVE A SECOND? >> I SECOND.

>> HAVE I A SECOND. >> WE HAVE A MOTION TO APPROVE.

MR. BARNETTE? >> YES. >> MR. BEAM.

>> YES. >> MR. ROSEN BAUM. >> YES.

>> MR. NUNEN. >> YES. >> REVEREND LANKFORD.

>> THE MOTION TO APPROVE CARRIES. >> THE NEXT ITEM IS Z-2020-09,

[5. Z-2020-09: Public hearing and possible vote to recommend approval or denial to City Council on a request from Quality Implement Company, agents Gary and Diana Handley. to rezone property from Agricultural Open Space (AO) to General Commercial (GC) District: Legal description being approximately 1.85 acres of vacant land out of Southeast Quancr of Blind Asylum Lands, Section 62, City of Abilene, Taylor County, Texas and located near northeast corner of Loop 322 and Industrial Boulevard.]

>> GOOD AFTERNOON, EVERYONE. MY NAME IS NICK WATTS AND I SERVE AS A PLANNER FOR THE CITY'S PLANNING DEVELOPMENT STAFF. I WILL BE PRESENTING THIS CASE. Z-2020-09. THE OWNERS ARE GARY AND DIANA HANDLEY AND THE AGENT BEING JEFF TICKNER. IT IS A REQUEST TO REZONE APPROXIMATELY 1.8-ACRES ON THE EASTERN FRONTAGE OF 322 BETWEEN EAST INDUSTRIAL AND GATEWAY STREET. THEY HILLARY ZONE FROM AGRICULTURAL OPEN SPACE TO GENERAL COMMERCIAL. THEY WILL REZONE FROM AGRICULTURAL OPEN SPACE TO GENERAL COMMERCIAL. YOU MAY REMEMBER THIS FROM JANUARY AT THE PLANNING AND ZONING COMMISSION MEETING, THIS PROPERTY IS GOING TO BE USED FOR A JOHN DEERE DEALERSHIP. THEY ARE REZONING A PORTION OF THE PROPERTY THAT THEY WERE WORKING ON PURCHASING AT THAT TIME. YOU WILL SEE IT HIGHLIGHTED AND STRIPED IN YELLOW. YOU CAN SEE THAT THE PROPERTY THERE IS ZONED AS AGRICULTURAL OPEN SPACE AND THEY ARE GOING TO BE REZONING TO GENERAL COMMERCIAL AND THEY WILL BE SEEKING A GENERAL USE PERMIT AND THAT IS SEEKING A ZONE PERMIT IF APPROVED.

THE AREA IS DESIGNATED AS A MAJOR COMMERCIAL BUSINESS CENTER WITHIN ABILENE'S FUTURE OF LAND USE AND DEVELOPMENT PLANNING. THESE ARE THE PERMITTED USES WITHIN GENERAL COMMERCIAL ZONING. AND THESE ARE TWO PHOTOS INDICATING WHERE THE PROPERTY IS. YOU WILL SEE IT ON THE LEFT HAND SIDE. IT IS A SMALL PORTION OF THE VACANT LAND.

AND TO THE SOUTH IS A NEIGHBORING PROPERTY, GAS STATION, STRIPES.

WE FOUND OUT THIS WAS CONSISTENT WITH THE COMPREHENSIVE PLAN IN LAND USE AND PLAN MAP. IT IS CONSISTENT WITH THE GENERAL LAND USE AND ZONING CHARACTER OF THE IMMEDIATE AREA. IT HAS BEEN SENT TO SECTION 1.4.1 OF THE CODE. CRITERIA FOR APPROVAL AND STAFF RECOMMENDS APPROVAL.

[00:15:06]

ANY QUESTIONS? >> ALSO, THERE IS -- I APOLOGIZE.

THIS IS THE NOTIFICATION AREA MAP IINDICATING -- INDICATING THAT BY TEXAS LAW WE SENT OUT LETTERS TO NEIGHBORING PROPERTIES WITHIN A 200-FOOT BUFFER.

WE HAD ONE IN FAVOR AND ZERO IN OPPOSITION. THE ONE IN FAVOR IS THE OWNER

OF THAT PROPERTY. >> ARE THEY PLANNING TO PLAT ON THIS TOGETHER, DO YOU

KNOW? >> I BELIEVE SO. >> ANY OTHER QUESTIONS ?

>> IS THE FAR EASTSIDE WHERE Y'ALL SURVEYED, IS THAT RESIDENTIAL?

ON THE VERY EAST EDGE OF THAT? >> YES, THAT IS RESIDENTIAL.

>> SO YOU NOTIFIED THOSE HOMES? >> FOR THIS CASE WE DID NOT HAVE TO NOTIFY THEM BECAUSE THEY DIDN'T FALL WITHIN TWOT00-FOOT.

-- 200-FOOT. >> I DIDN'T KNOW IF ANY OF THEM TOUCHED.

>> AT THE PREVIOUS REZONING THEY WERE NOTIFIED. >> ANY OTHER QUESTIONS?

THANK YOU, SIR. >> YOU'RE WELCOME. >> I WILL OPEN THE PUBLIC HEARING. ANYONE CARE TO SPEAK TO THIS ITEM PLEASE COME FORWARD.

SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING. DISCUSSION FROM THE COMMISSION

OR A POSSIBLE MOTION? >> MOVE TO APPROVE. >> SECOND.

>> MOTION TO APPROVE AND A SECOND. >> MR. BARNETTE?

>> YES. >> MS. RUSSELL? >> YES.

>> MR. BENAM? >> YES. >> MR. ROSENBAUM?

>> YES. >> REVEREND LANKFORD? >> THE MOTION TO APPROVE

CARRIES. >> THE NEXT ITEM ON THE AGENDA, CUP-2020-03.

[6. CUP-2020-03: Public hearing and possible vote to recommend approval or denial to City Council on a request from Quality Implement Company, agents Gary and Diana Handley, for Conditional Use Permit allowing retail sale and rental of trucks and other large vehicles and equipment in a General Commercial District; Legal Description being approximately 1.85 acres of vacant land out of Southeast Quarter of Blind Asylum Lands, Section 62, City of Abilene, Taylor County, Texas and located near northeast corner of Loop 322 and Industrial Boulevard]

OF LOOP 322 AND INDUSTRIAL BOULEVARD. >> GOOD AFTERNOON, EVERYONE, AGAIN. NAME IS NICK WATTS. THIS IS CUP-2020-03 WITH THE OWNER BEING GARY AND DIANA HANDLEY AND AGENT JEFF TICKNER.

THEY ARE REQUESTING A CONDITIONAL USE PERMIT TO ALLOW RETAIL SALES AND RENTAL OF TRUCKS AND OTHER LARGE VEHICLES AND EQUIPMENT FOR FARMING.

IT IS APPROXIMATELY 1.8-ACRES AND WE SENT OUT NOTIFICATION LETTERS ONCE AGAIN TO THE NEIGHBORING PROPERTIES WITH ONE IN FAVOR. IT IS THE SAME AREA LOCATION MAP AS PREVIOUS. INDICATED AND HIGHLIGHTED IN YELLOW.

SAME ZONING. THIS IS A GRAPHIC CONCEPT PLAN, A PSYCH PLAN, A PRELIMINARY PSYCH PLAN. THE PORTION OF THE PROPERTY THAT IS LEFT OUT WHICH WE ARE PRESENTING TODAY, THEY SAID -- THE OWNER AND JEFF TICKNER THEY DIDN'T WANT TO CHANGE ANY OF THE GRAPHIC CONCEPT PLAN, THE SITE PLAN, BUT THEY WILL EVENTUALLY CHANGE THAT AND THAT WILL BE REVIEWED BY THE DEVELOPMENT AND REVIEW COMMITTEE.

THESE ARE THE PERMITTED USES WITHIN GENERAL COMMERCIAL ZONING.

YOU CAN SEE THAT IS UNDER A TRADE RETAIL USES. THERE IS RETAIL SALES AND RENTAL OF TRUCKS AND OTHER LARGE VEHICLES AND EQUIPMENT. IT IS FOR COMMITTED USE IN A GENERAL COMMERCIAL ZONE. IT IS CONSISTENT WITH THE COMPREHENSIVE PLAN OF FUTURE LAND USE AND DEVELOPMENT PLAN MAP. IT IS CONSISTENT WITH THE GENERAL LAND USE AND ZONING CHARACTER OF THE IMMEDIATE AREA AND IT IS REVIEWED PURSUANT TO SECTION 1.4.3.5 OF THE LAND DEVELOPMENT CODE CRITERIA FOR APPROVAL.

OUR STAFF RECOMMENDS APPROVAL. NOTIFICATION AERIAL MAP WITH ONE IN FAVOR WHICH IS THE SUBJECT PROPERTY RIGHT THERE. HAPPY TO ANSWER ANY

QUESTIONS. >> ANY QUESTIONS? >> DIDN'T WE APPROVE THE SAME

CONDITIONAL USE ON THE OTHER PROPERTY? >> YES, SIR.

>> VERY GOOD. THANK YOU, SIR. I WILL OPEN UP THE PUBLIC

[00:20:05]

SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING. >> MOTION TO APPROVE.

>> DO I HAVE A SECOND? >> SECOND. >> AND A SECOND.

>> MR. BARNETTE? >> YES. >> MS RUSSELL.

>> YES. >> MR. BENAM. >> YES.

>> MR. ROSEN BAUM. >> YES. >> REVEREND LANKFORD.

>> YES. >> THE MOTION TO APPROVE CARRIES.

>> DIRECTOR'S REPORT PLEASE? >> YES, THANK YOU, CHAIRMAN. YOU HAVE IN YOUR PACKETS A

[DIRECTORS REPORT]

COUNCIL DID ACT ON TWO OF THESE ITEMS, CASES NUMBER SIX AND SEVEN AT THEIR MAY 14TH COUNCIL MEETING. THEY DID APPROVE THOSE TWO. THE CASE 2020-01 WILL BE ON

THE AGENDA ON JUNE 11TH WHICH IS NEXT THURSDAY. >> THANK YOU VERY MUCH.

WE ARE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.