[00:00:06] PLANNING AND7 -- AND ZONING MEETING TO ORDER. [INVOCATION] WE WILL ASK FOR INVOCATION, PLEASE. >> LET US PRAY. >> OH, MIGHTY GOD. WE COME AT THIS MOMENT FIRST WE LIKE TO SAY THANK YOU. WE THANK YOU FOR THIS DAY. WE THANK YOU FOR OUR HEALTH AND RESTRAINT. GOD, WE THANK YOU FOR ALL OF THE THINGS THAT YOU HAVE DONE FOR US AND GOD WE COME AT THIS MOMENT SEEKING YOUR PRESENCE. GOD WE ASK YOU TO REMIND ALL OF US AS WE SAY ONE NATION UNDER GOD HELP US TO REALIZE WHAT WE ARE SAYING AND ONCE WE REALIZE WHAT WE ARE SAYING, THEN WE WILL STRIVE TO BECOME ONE NATION AND SHOW LOVE TO EACH OTHER. AND GOD IF YOU CAN FORGIVE US FOR ALL OF OUR SINS, AND GOD WE ASK YOU TO REMEMBER OUR NATION ESPECIALLY THIS DAY AS WE SEEK TO SELECT OUR LEADERS, THE UNITED STATES. WE PRAY GOD THAT WE WOULD COME TO UNDERSTAND THAT WHATEVER HAPPENED THAT YOU STILL HAVE ALL POWER IN YOUR HANDS AND IF WE WOULD ONLY TRUST AND PUT OUR FAITH IN YOU EVERYTHING WOULD BE OKAY. WE ASK A SPECIAL BLESSING UPON THE CITY OF ABILENE, ALL OF THE RESIDENTS GOD WE ASK A SPECIAL BLESSING UPON THOSE NOT AS FORTUNATE AS WE ARE, BLESS THEM IN A SPECIAL WAY. AS WE GO INTO THE WINTER MONTHS, THERE ARE MANY THAT ARE NOT ABLE TO PROVIDE THE AMENITIES THAT THEY NEED TO PROVIDE FOR THE FAMILY. BLESS THEM IN A SPECIAL WAY. AND GOD WE PRAY THAT YOU WILL BLESS OUR SCHOOL. WE PRAY GOD THAT IN THE NOT TOO DISTANCE FEATURE THERE WILL BE A MEDICATION THAT WILL HEAL THOSE THAT HAVE COVID-19. AND ONE THAT WILL PREVENT EVERYONE FROM GETTING ILL. THESE BLESSING AND ALL OTHERS WE ASK IN YOUR SWEET SON JESUS NAME WE PRAY, AMEN. >> AMEN ZBROOCHLT THE PLANNING AND ZONING COMMISSION FINAL AUTHORITY FOR THE APATROL OF PLATS HOWEVER THAT IS ONLY AS RECOMMENDING BOARD TO THE CITY COUNCIL IN MATTERS OF ZONING. THE DECISION OF THIS BOARD MAY BE APPEALED TO THE CITY COUNCIL THROUGH THE OFFICE OF THE CITY SECRETARY NO LATER THAN 20 DAYS FROM THE DATE OF THIS MEETING AND ALL APPEALS MUST BE MADE IN WRITING. THE PUBLIC IS INVITED TO SPEAK ON ANY ITEM UNDER DISCUSSION BY THE PLANNING COMMISSION AFTER RECEIVING RECOGNITION BY THE CHAIR. THOSE WISHING TO BE HEARD SHALL APPROACH THE PODIUM. STATE YOUR NAME AND YOUR PURPOSE FOR APPEARING EACH SPEAKER REQUESTED TO LIMIT PRESENTATION TO NO MORE THAN FIVE MINUTES, HOWEVER ADDITIONAL TIME MAY BE GRANTED AT THE DISCRETION OF THE [MINUTES] CHAIR. FIRST ITEM ON THE AGENDA APPROVAL OF MINUTE FROM OCTOBER 13TH MEETING. HAVE ALL THE COMMISSIONER HAD A CHANCE TO READ THOSE MINUTES? ARE THERE ANY ADDITIONS OR CORRECTIONS THAT NEED TO BE MADE? OR OUR ENTERTAIN A MOTION FOR APATROL. >> A MOTION TO APPROVE. >> SECOND. >> A MOTION AND A SECOND. ALL IN FAVOR SAY AYE. OPPOSED SAME SIGN. [PLATS] THANK YOU. WE ARE READY FOR PLATS. >> AS YOU SAID THERE'S JUST ONE PLAT FP-5520. STAFF IS RECOMMENDING APPROVAL WITH CONDITIONS. IF YOU WILL REMEMBER THIS IS REZONING FOR THE QUALITY [00:05:07] IMPLEMENT INDUSTRIAL. IT'S LARGE ONE LOT DEVELOPMENT FOR THAT PROJECT TO MOVE FORWARD. >> IT WOULD BE HAPPY TO ANSWER ANY QUESTIONS. >> WHAT ARE THE RESTRICTIONS? >> THEY NEED IMPROVE THEIR PORTION OF INDUSTRIAL ON THE SOUTH SIDE THERE. >> ANY OTHER QUESTIONS? >> THANK YOU, SIR. I WILL OPEN THE PUBLIC HARDING. ANYONE CARE TO SPEAK TO THIS PLAT PLEASE COME FORWARD. SEEING NO ONE. I WILL CLOSE THE PUBLIC HEARING. DISCUSSION FROM THE COMMISSION OR A POSSIBLE MOTION. >> SO MOVED. >> SECOND. MOTION TO APPROVE AND IS SECOND [3. Z-2020-15] >> NEXT ITEM ON THE AGENT D-2020-15; PUBLIC HEARING AND POSSIBLE VOTE TO RECOMMEND APPROVAL OR DENIAL TO THE CITY COUNCIL ON A REQUEST FROM CARRIAGE HILLS DEVELOPMENT CORPORATION AGENT JACOB AND MARTIN LLC TO REZONE PROPERTY FROM THE AGRICULTURAL OPEN SPACE AO TO RESIDENTIAL SINGLE-FAMILY RS-6 DISTRICT ON 52.88 ACRES OF NOW VACANT LAND IN THE 7700-7800 BLOCKS EAST OF MAPLE STREET AND FAR SOUTH ABILENE. THE LEGAL DESCRIPTION BEING 52.# 8 ACRES OUT OF THE SOUTHWEST QUARTER OF LUN TIC ASYLUM LANDS SECTION 14 IN TAYLOR COUNTY, TEXAS. >> GOOD AFTERNOON, EVERYONE. I'M NICK WATTS. I SERVE AS CITY PLANNER AND HISTORIC OFFICER. I WILL PRESENT THIS CASE. THIS IS ON BEHALF OF CARRIAGE HILLS DEVELOPMENT CORPORATION. IT'S TO REZONE APPROXIMATELY 52 ACRES FROM AGRICULTURE OPEN SPACE TO RS-6. WE SENT OUT NOTIFICATION LETTER OF THIS REDOENING TO EVERYONE WITHIN 200 FOOT BUFFER. THREE IN FAVOR AND ZERO IN OPPOSITION. THIS LOCATION MAP INDICATING THE PROBLEMS MAYBE LAND. THAT'S SAW GRASS SUBDIVISION TO THE EAST. THIS IS ZONING MAP. THIS WILL BE THE CONTINUE WASTE OF CARRIAGE HILL DEVELOPMENT. THIS MAP TOO BIG WE HAD TO TURN THE OTHER DIRECTION. YOU CAN SEE. FROM THERE THAT IT IS GOING TO BE THAT 52 ACRE HIGHLIGHTED IN LIGHT BLUE. THESE ARE ALL THE PERMITTED USES WITHIN THE ZONING DISTRICTS. AND THIS THE PERMITTED USES WITHIN AGRICULTURE OPEN SPACE. IT'S A HOLD ZONE FROM ONE ZONING DISTRICT TO A NEW ZONING DISTRICT. THESE ARE VIEWS OF THE SUBJECT PROPERTY. YOU CAN SEE THE THREE IN FAVOR RIGHT THERE. WE FOUND OUT IT CONSISTENT WITH THE PLAN MAP. PURSUANT TO SECTION 1.4.1.4 OF THE LAND DEVELOPMENT CODE. AND STAFF RECOMMENDS APPROVAL. BE HAPPY TO ANSWER ANY QUESTIONS. >> ANY QUESTIONS? >> THANK YOU, SIR. >> I WILL OPEN THE PUBLIC HEARING ANYONE CARE TO SPEAK TO THIS ITEM PLEASE COME FORWARD. >> AGENT FOR THE DEVELOPER. THIS IS JUST A ZONING CASE TO EXTEND THE EXISTING CARRIAGE HILLS SUBDIVISION AS MASTER PLANNED IN THE SOUTH. IT WOULD BE HAPPY TO ANSWER ANY QUESTIONS. WE AGREE WITH STAFF ON THE LAND USE IS APPROPRIATE IN THE AREA. >> THANK YOU, SIR. >> ANYONE ELSE CARE TO SPEAK TO THIM PLEASE COME FORWARD. >> SEEING NO ONE. I WILL CLOSE THE PUBLIC HEARING. DISCUSSION FROM THE COMMISSION OR A POSSIBLE MOTION. >> I WILL MOVE TO APPROVE. >> I WILL SECOND. >> SECOND. >> MOTION AND A SECOND. [4. Z-2020-16] [00:10:02] >> NEXT ITEM ON THE Z-2020-16 PUBLIC HEARING AND POSSIBLE VOTE TO RECOMMEND APPROVAL OR DENIAL CITY COUNCIL ON REQUEST FROM CARRIAGE HILLS DEVELOPMENT ORGANIZATION. ALLOWING RIS DENTIAL TOWN HOME DEVELOP HAVING CLUSTERS OF AS FEW AS 2 DWELLING UNITS ON 22 POINT 13 ACRES OF NOW VACANT LAND LOCATED EAST FROM 7700 TO 7800 BLOCKS OF MAPLE STREET AND WEST FROM CRISPY PATH AND ALEX WAY IN SAW GRASS ADDITION. SOUTHWEST CORNER OF LUNATIC ASSUMELY LAND SECTION 14 AND TAYLOR COUNTY, TEXAS. >> NICK WATTS CITY PLANNER AND HISTORIC PRESERVATION OFFICER. I WILL PRESENT THIS CASE. THIS CONTINUATION OF PREVIOUS SCENING CASE. I WILL BE A PLANNED DEVELOPMENT. 22 ACRES. LUNATIC ASSUME LOOIRM AND. WE RECEIVED TWO IN FAVOR AND FOUR OPPOSED. WE RECEIVED A FIFTH ONE THAT IS OUTSIDE OF THE NOTIFICATION AREA BUFFER. WE FELT IT WAS USEFUL WITHIN THIS CASE. YOU CAN SEE THIS IS THE ZONING MAP ACTUALLY THE AREA LOCATION MAP INDICATED THE PROPERTY AND HIGH LIGHTED AND STRIPED IN YELLOW SAWGRASS SUBDIVISION TO THE EAST. THIS THE ZONING MAP INDICATING THAT AGRICULTURE OPEN SPACE. ONE AGAINST A HOLD END ZONE FROM ONE ZONING DISTRICT TO ANOTHER. THIS THE GRAPHIC CONCEPT PLAN AND THE MAP ORIENTED THE INCORRECT WAY. YOU CAN SEE THE PROPOSED PD HIGHLIGHTED IN GRAY. THAT TRIANGULAR PORTION >> THESE ARE ALL THE USES FOR THE MEDIUM DENSITY DISTRICT. THIS WOULD BE THE BASE ZONING PD DISTRICT. THESE ARE ALL PERMISSIONED USED WITHIN AGRICULTURE OPEN SPACE. WE FOUND THAT THIS LAND ACCORDING TO OUR LAND DEVELOPMENT AND PLAN MAP OF COMPREHENSIVE PLAN DESIGNATES THIS GENERAL AREA AS LOW DENSITY RESIDENTIAL. HOWEVER THE FIRST SECTION OF CARRIAGE HILLS SUBDIVISION HAS APPROXIMATELY 12.5 ACRES ZONED AS MEDIUM DENSITY. AND AT THAT TIME IT WAS ALSO ZONED -- ALSO PROPOSED TO BE SINGLE FAMILY RESIDENTIAL. THIS WAS APPROVED IN 2016 THE FIRST PORTION OF CARRIAGE HILLS. THAT'S THE MEDIUM DENSITY DISTRICT. THIS VIEWS OF SUBJECT PROPERTY. SAME CONSIDERATION. SAME PHOTOS AS BEFORE. THE PLAN FOR THIS SUBDIVISION THE SITE AND BUILDING REQUIREMENTS PARTICULARLY FOR THIS PLANNED DEVELOP. THE MINIMUM LOTTED SIZE TYPICALLY WITHIN MEDIUM DENSITY DISTRICT IS 6,000 SQUARE FEET. WITH 60 FEET IN WIDTH, 100 FEET IN DEPTH. MEDIUM DISTRICTS -- MEDIUM DENSITY DISTRICT PERMIT MAXIMUM OF 12 DWELLING UNIT PER ACHOR WITH MINIMUM OF 6 FEET SEPARATION BETWEEN EACH STRUCTURE ON OPPOSING LOTS. THIS PROPOSED WOULD DECREASE THE LOT DIMENSION BY 2000 SQUARE FEET. TO 4,000 SQUARE FEET. BUT WOULD INCREASE THE SEPARATION OF STRUCTURES BY 6 FEET. TO TOTAL OF 12 FEET BETWEEN. THE DUPLEXES WILL ALSO BE SPLIT BETWEEN LOTS. WITH ONE -- ONE LOT AND THEN SUBSEQUENTLY. THIS INCREASE OF SEPARATION BETWEEN THE STRUCTURES SHOULD PRESERVE THE OPEN SPACE AND AVOID OVERCROWDING THE PROPOSED RESIDENTIAL DISTRICT. THESE ARE THE NOTIFICATION LETTERS THAT WE SENT OUT TO EVERYONE. YOU CAN SEE 225 CHRISTA PATH. 225ALEX WAY. AND 218 I BELIEVE IT'S PERRYWINKEL. AND THEN THE OTHER ONE IS 226 CHRISTA PATH. THAT'S NOT INDICATED ON THIS MAP. WE RECEIVED THAT JUST RECENTLY. WE FOUND THIS WAS CONSISTENT WITH COMPREHENSIVE MRARN AND FUTURE USE. WE REVIEWED PURSUANT TO SECTION [00:15:04] 1.4.1.4 OF LAND DEVELOPMENT CODE. AND STAFF RECOMMENDS APPROVAL. >> HAPPY TO ANSWER ANY QUESTIONS. >> WHERE THERE ANY NOTES ON THE ONES THAT EXPRESSED DISAPPROVAL? >> THERE'S SEVERAL NOTES. MOST OF THEM ARE ABOUT THE INCREASE TRAFFIC. THERE'S ALSO CONCERNS ABOUT DECREASE HOME VALUES. THEY ARE WORRIED ABOUT THE TRAFFIC ALONG CHRISTY PATH AND PILGRIM. AND TRAFFIC AND SAFETY CONCERNS. >> THANK YOU. >> THE REASON WE'RE GOING WITH THE PD RATHER THAN JUST STRAIGHT MD ZONING. IF IT COULD BE ONE THAT CHANGED THE SQUARE FOOT AREA OF THE LOCK FROM 6,000 TO 4,000 AND THE WIDTH FROM 68 OR 60 TO 40. >> THAT'S CORRECT. THE DEPTH WILL REMAIN THE SAME. >> OKAY. AND IN THAT PD ARE WE GOING TO RESTRICT TO TOWN HOME I DIDN'T SEE A WORDING OF THE PD IN HERE. IS THERE ONE HERE. I JUST MISSED IT. IT WILL BE BUILDING REQUIREMENT. AMENDED WILL STIPULATE THAT MINIMUM LOT WIDTH OF 40 FEET WITH THE DUPLEXES SHARED WALL WITH HALF OF EACH DUPLEX ON ONE LOT AND THEN A MINIMUM LOT AREA OF 4,000 SQUARE FEET. MINIMUM OF 12 FEET OF SEPARATION BETWEEN EACH STRUCTURE ON EACH LOT. ALL THE REST OF STANDARD WILL APPLY. IT'S JUST THESE THREE REQUIREMENTS WILL CHANGE. >> THANK YOU. >> UH-HUH. >> ANY OTHER QUESTIONS? >> THANK YOU, SIR. >> I WILL OPEN THE PUBLIC HEARING. ANYONE CARE TO SPEAK TO THIS ITEM PLEASE COME FORWARD. CLAYTON, I WANT TO ADDRESS THAT COMMENT THE INTENT FOR THIS DUPLEX AS WITHIN THE FIRST PHASE OF CARRIAGE HILLS. REQUEST BEEN MADE TO SPLIT THE DUPLEX IN HALF. TO SALE HALF OF THE LOT TO ONE OWNER AND HALF TO THE OTHER POTENTIALLY. IT COULD BE OWNED BY ONE OWNER THEORETICALLY. THERE'S NO ZONING THAT ALLOWS FOR THAT TOWNHOUSES PROBABLY THE CLOSEST TO THAT BUT THE USES IN THAT IT'S JUST NOT A GOOD FIT. IT'S ESSENTIALLY STARTING AND ALLOWING TO SPLIT THE LOT DOWN THE STRUCTURE. >> OTHERWISE I'M HERE TO ANSWER ANY OTHER QUESTIONS IF YOU HAVE ANY. >> THANK YOU, SIR. >> THANK YOU. >> ANYONE ELSE CARE TO SPEAK TO THIS ITEM, PLEASE COME FORWARD. >> YES, MA'AM. >> I WOULD LIKE TO SEE THAT. I OPPOSE IT. WE BUDGET THE HOUSE TWO YEARS AGO. >> PULL THE MICROPHONE CLOSER TO YOU. >> KATIE GIBSON. I LIVE ON CHRISTY PATH. WHEN WE MOVED IN TWO YEARS WE TOLD SINGLE FAMILY HOMES. SO WE OPPOSED TO TOWN HOMES. WITH NOT REALLY SURE HOW IT WORKS. WE'RE NOT OKAY WITH TOWN HOMES. >> OKAY. >> THANK YOU, MA'AM. ANY QUESTIONS FOR THIS LADY? >> THANK YOU, MA'AM. >> YES, SIR. >> COME ON. >> I LIVE 225ALEX WAY. I'M ONE OF THE OPPOSERS. WE BOUGHT THE HOUSE ABOUT FIVE YEARS AGO. I SPOKE TO THE DEVELOPER WHEN HE PURCHASED THAT LAND AND DECIDED TO DEVELOP IT. HE TOLD ME ALL THE DUPLEXES HE WOULD BE BUILDING DOWN BY THE SCHOOL. AND THAT THE -- I'VE GOT THE 2016 -- 2018 PARADE OF HOME WHERE IT STATES THAT HOUSES WILL BE 16 TO 2200 SQUARE FEET. THE DEVELOPER INFORMED SMALLER HOME WOULD BE BUILT DOWN BY THE SCHOOL. AND LARGER HOMES WOULD BE BUILT TOWARD THE BACK OF THE SAWGRASS SUBDIVISION. THAT WAS I WAS THERE BEFORE IT STARTED. I'M JUST STATING WHAT EYE BEEN TOLD. >> ANY QUESTIONS FOR THIS GENTLEMAN. >> YES, SIR. >> COME ON. >> WE'RE 217 ANGIE LANE IN SAW GRASS. WE DID RECEIVE THE NOTIFICATION. WE DIDN'T REALIZE THAT MAY HAVE BEEN A DATE. THERE WOULD BE ADDITIONAL OPPOSITION VOTE FROM US. >> HAVE YOU FILLED THAT OUT, SIR? >> WE HAVE NOT. WE CAME HERE TO SPEAK AND TURN IT INTO THE COMMUNITY. FOR THE SAME REASONS WE WERE TOLD THE SAME THING. WE KNEW THERE WOULD BE SOMETHING BUILT IN THE FUTURE. WE WERE TOLD SINGLE FAMILY HOMES AND FOR THE SAME REASONS THAT HAVE BEEN STATED ARE THE SAME FROM US. [00:20:01] >> THANK YOU, SIR. >> ANY QUESTIONS? >> WILL HE NEED TO FILL THAT OUT? >> YES. >> OKAY. >> THANK YOU, SIR. >> YES, SIR. COME ON. >> MIKE MOORE 226 ALEX WAY. I'M OPPOSED TO IT AS WELL FOR THE SAME REASON AS THEM. I'VE BEEN THERE FOR FIVE YEARS NOW. WE'RE INITIALLY TOLD THAT IT WOULD BE SINGLE FAMILY HOMES. AND I AGREE WITH ALL THE OPPOSED REASONS THAT WHICH PRESENTED EARLIER. >> THANK YOU, SIR. >> ANY QUESTIONS? >> ANYONE ELSE WISH TO SPEAK TO THIS ITEM? >> SEEING NO ONE. I WILL CLOSE THE PUBLIC HEARING. DISCUSSION FROM THE COMMISSION? >> NATE, IS THERE ANY BUFFER BETWEEN THE MD AND RF-6? REQUIREMENTS? >> YOU CAN REQUEST THAT. AS PARLIAMENT OF THE MEDIUM DENNIEST STANDARD. YOU CAN REQUEST THERE WOULD BE BUFFER. >> THERE'S NOT A SET BUFFER. >> NO, SIR. >> WHAT ARE YOU THINKING CLIFF? >> YOU KNOW, I UNDERSTAND WHERE THE RESIDENTS ARE COMING FROM. AND BUT THIS YOU KNOW AGAIN IF YOU GO BACK AND YOU TAKE OFF EVERYTHING OUT OF IN CONTEXT. YOU KNOW THE CLOSER WE GET TO MAIN ARTERY, THIS KIND OF DENSITY WHAT WE NORMALLY LOOK AT. IT'S KIND OF LIKE WE'RE IN THE CATCH-22 HERE BETWEEN THIS IS WHAT WE WOULD NORMALLY DO; AND WE GOT A RESIDENTIAL SUBDIVISION THAT'S BUILT RIGHT TO THE MAIN THOROUGHFARE THERE. AND WE'RE BACKING THEM UP. IN MY MIND IT'S A GOOD ALTERNATE IS BUFFER ZONE BETWEEN THE TWO. >> JUST KIND OF TRANSITION. >> JUST AS TRANSITION BETWEEN THE TWO. LIKE I SAID. THIS WOULD BE SOMETHING THAT WE WOULD -- THIS IS WAY WE WOULD NORMALLY LIKE TO SEE IT DONE. YOU KNOW, BUT I CERTAINLY UNDERSTAND THE RESIDENTS AND THEIR ISSUES. >> OKAY. >> WHERE IS EVERYBODY ELSE AT? >> ARE YOU HERE REPRESENTING THE DEVELOPER. >> CAN I SPEAK WITH YOU FOR A SECOND. >> I NEED TO OPEN THE PUBLIC HEARING. KY DO THAT. NO PROBLEM. I WILL OPEN THE PUBLIC HEARING. MISS CLAYTON CAN YOU COME UP, PLEASE. >> I'M CURIOUS IF YOU KNOW WHAT THE DEVELOPER CHANGE OF MIND WAS BETWEEN HOMEOWNER BOUGHT THEIR HOME AND NOW PROPOSING THIS? >> SURE. THERE'S BEEN DEMOGRAPHIC CHANGE IN THE LAST FIVE YEARS. I DON'T KNOW WHAT THE PLAN WAS LONG-TERM. WE HAD PLANS BEFORE THAT WHOLE PROPERTY SINCE HE PURCHASED IT. AND THAT LITTLE TRIANGLE. THE REASON IT'S TRIANGLE BECAUSE HOW ISOLATED IT. THERE'S A GAS LINE THAT ISOLATED THE SINGLE FAMILY. COUNTY LINE TO THE OATH SIDE ON THE EACH AND FUTURE RETAIL PLANNED ON THE SOUTH SIDE. >> RIGHT. FRONTING 707. THIS WAS SEEN AS WAY TO POCKET A TRANSITION AS CLINTON MENTIONED BETWEEN SINGLE FAMILY AND STEPPING UP TO HIGHER INTENSITY ZONING OF THE RETAIL IN THE SOUTH. WHAT DO YOU MEAN BY DEMOGRAPHIC CHANGE? >> THERE'S MORE GOING ON OUT THERE. AND PRODUCTS HAVE BEEN MOVING DIFFERENTLY NOW THAN FIVE OR SIX YEARS. THE HOUSING MARKET HE ASKED FOR DIFFERENT TYPE OF PRODUCT OUT THERE. >> SIMILAR TO WAS DONE IN THE FIRST PHASE. >> WILL THIS WHOLE DEVELOPMENT GO TOWARD THE THOROUGHFARE? OR WILL IT BE PLUGGED BACK INTO THE EXISTING. >> THERE'S MULTIPLE OUTLETS FROM BOTH OF THE TRACKS REZONING TODAY. THERE'S A STREET STUB FROM SAW GRASS. I SPEAK HOW THAT WILL CONNECT. THERE'S A STUB LEFT THAT WE HAVE TO DEAL WITH. >> YOU ALL WORK WITH THE CITY TO REPAIR SOME OF MAPLE BECAUSE OF THIS DEVELOPMENT; RIGHT? >> WE'RE WORKING ON PLANS FOR THE ENTIRE MAPLE. TO REBUILD THE WHOLE STREET. >> THAT'S ALL I HAVE. >> WHILE I HAVE THE PUBLIC HEARING OPEN. ANYONE WISH TO SPEAK TO THE ITEM? >> YES, SIR. >> GOOD AFTERNOON. >> FROM WHAT I UNDERSTAND TRYING TO PUT BUFFER MAYBE ALTERNATIVE ROUTE. BUT IT GOES BACK TO THE PLANNING OF HOME. TYPICALLY 1-3 MILES. I DON'T THINK THERE'S A BUFFER THERE THAT COULD FIT THAT. FOR THOSE THAT WE'RE TOLD. THERE'S SOME SIGNIFICANT HOMES IN THE SAWGRASS SUBDIVISION. WHEN WE'RE TOLD BEFORE WE PURCHASED THIS IS FUTURE PLANS. I REALIZE THIS IS WHAT DEVELOPERS MAY NORMALLY DO. BUT THAT COULD HAVE CHANGED THE MINDS OF -- CERTAINLY WOULD HAVE CHANGED THE MIND OF US BEFORE WE [00:25:02] PURCHASED THE HOME. AGAIN, STILL WITH THE BUFFER, I DON'T SEE WHERE THAT WILL BENEFIT US. WE'VE PUT IN SIGNIFICANT AMOUNT OF MONEY TO OUR HOMES. I'M OPPOSED TO THE BUFFER. >> OKAY. THANK YOU, SIR. >> THANK YOU. >> ANYONE ELSE WISH TO SPEAK TO THE ITEM? >> SEEING NO ONE. I WILL CLOSE THE PUBLIC HEARING. LET'S CONTINUE, PLEASE. >> WHERE IS EVERYBODY ELSE. WHAT DO YOU THINK? >> I'M STUCK. I'M CONCERNED ABOUT THE DEVELOPERS PROMISES TO THE HOMEOWNERS. I ALSO FEEL LIKE OUR DUTY AS PLANNING AND ZONING COMMISSIONERS TO AWARD THE BEST USE TO THE LAND OWNER. SO I'M STUCK. >> I UNDERSTAND. >> I GET IT. I DO GET IT. >> GOING BACK TO YOUR I WILL CALL IT TRANSITION BUFFER WHATEVER YOU WANT TO CALL IT. DID YOU HAVE A PARTICULAR TRANSITION DISTANCE IN MIND? >> WELL, YOU KNOW, I WOULD JUST TELL YOU. TOP ONE OR TWO. IS ONE OR A TWO? OR A OR B BUFFER. >> A OR B. >> A BUFFER 15 POINTS BE IS 25. IF YOU WANT TO GO MORE B BUFFER WOULD BE 25 POINTS WHICH GETS YOU IN THAT RANGE. BRICK FENCE GET YOU TYPE A BUFFER. >> WOULD THAT BE 25 POINTS. >> 15. >> THEN YOU WOULD HAVE TO SOME KIND OF LANDSCAPING WITH A BRICK FENCE TO GET TO 25 POINTS OR JUST HAVE DISCIRCUMSTANCE FOR EVERY FIVE FOOT OF BUFFER YOU GAIN FIVE POINTS. A BIG BUFFER WILL BE A LITTLE BIT MORE RESTRICTIVE AND GIVE YOU FURTHER DISTANCE AND MORE FIRM BUFFER WITH LANDSCAPING OR BRICK FENCE OR SOMETHING. THAT'S WHERE I WAS HEADED. WE WANTED TO DO THAT. >> OTHER COMMENTS? >> DID YOU ALL CONSIDER AS PARLIAMENT OF YOUR APPROVAL PROCESS. >> IS THAT PART OF YOUR PLANNING DISCUSSION? >> WE DID NOT. >> I'M WITH ALEX. I CERTAINLY UNDERSTAND AGAIN THE CONCERNS OF THE NEIGHBORHOOD. I MEAN, I CERTAINLY, CERTAINLY DO. AGAIN, OUR MANDATE, OUR INSTRUCTIONS GUIDANCE WHATEVER YOU WANT TO SAY IT REALLY CONSTRAINS US TO LOOK IS THIS THE BEST POSSIBLE USE FOR THIS PARTICULAR CASE OR PIECE OF LAND BEFORE US. AND I CERTAINLY THINK WHILE I TAKE THE COMMENTS EYE HEARD I THINK IT IS. I'M GOING TO MAKE A MOTION THAT WE APPROVE WITH THE RESTATE YOUR TRANSITION. >> I WOULD SAY TYPE B BUFFER. . >> WOULD SAY TYPE B BUFFER. >> 25 POINTS. >> I RECOMMEND THAT WE APPROVE WITH THE TYPE B BUFFER. >> THAT'S MY MOTION ON THE FLOOR. >> I WOULD SECOND. >> I HAVE A MOTION AND A SECOND. >> WE HAVE A MOTION THAT APPROVE WITH A TYPE B BUFFER. [5. Z-2020-17] >> NEXT ITEM ON THE AGENDA Z-2020-17, PUBLIC HEARING AND POSSIBLE VOTE TO RECOMMEND APPROVAL OR DENIAL OF CITY COUNCIL ON A REQUEST FROM THE QT SOUTH LLC, AGENT OF LAURIN MONTGOMERY TO CHANGE THE TERMS OF PLANNED DEVELOPMENT PD DISTRICT NUMBER PD-116 LOCATED ON THE SOUTHEAST CORNER OF OLDS ANDON ROAD AND INTERSTATE HIGHWAY 20 IN THE NORTHWEST ABILENE SPECIFICALLY REGARDING THE HEIGHT AND THE AREA OF SIGN ALLOWED THERE. THE LEAGUE A DESCRIPTION BEING LOT 1 IN BLOCK 1 OF THE SUBDIVISION KNOWN AS QT SOUTH LLC. >> GOOD AFTERNOON. I'M JARED SMITH. WORK FOR ABILENE PLUMBING SEVERSES OF. I PRESENT Z-2020-17. THE OWNER OF THIS PROPERTY IS QT SOUTH LLC AGENT LAURIN MONTGOMERY. SPECIFICALLY THE SIGN REGULATIONS OF THIS PD. AS IT STANDS TODAY. PD-116 GOVERNED BY THE GENERAL RETAIL ZONING FOR SIGN REGULATIONS. THAT ALLOWS A FREE STANDING POLE SIGN AS TALL AS TWIST FEET IN HEIGHT AND 300 SQUARE FEET IN AREA. THEY REQUEST TO AMEND TO ALLOW ONE FREE STANDING POLL SIGN AS TALL AS 100 FEET AS LARGE AS 7 [00:30:06] LEARN SQUARE FEET. IN ADDITION TO THAT. THEY WOULD LIKE TO MAKE PROVISION TO ALLOW UP TO DIRECTIONAL SIGN THAT WILL BE 8 FEET IN HEIGHT. AND 25 SCARE FEET IN AREA. >> THE LOCATION OF THE REQUEST IS OLD ANSON ROAD. HERE'S OUR LOCATION MAP SHOWING AN AERIALIM OF THE SUBJECT PROPERTY AS YOU CAN SEE WE'RE AT THE INTERSECTION OF INTERSTATE HIGHWAY 20 AND OLD ANSON ROAD. CURRENT ZONING MAP SHOWING THE PROPERTY IS CURRENTLY WITHIN A PLANNED DEVELOPMENT DISTRICT. JUST WEST OF OLD ANSON ROAD. WE HAVE HEAVY COMMERCIAL ZONING. THE APPLICANT DID PROVIDE CONCEPTUAL GRAPHICS WHICH ILLUSTRATE WHAT THE PROPERTY MAY LOOK LIKE FOLLOWING THE COMPLETION OF CONSTRUCTION. HERE'S A FEW PHOTOGRAPHS OF THE SUBJECT PROPERTY AS WELL AS NEIGHBORING PROPERTIES. THE LEFT HAND PHOTO ARE PHOTO OF THE SUBJECT PROPERTY TOP LEFT HAND PHOTO IS LOOKING AT THE PROPERTY FROM THE INTERCHANGE OF INTERSTATE HIGHWAY 20 AND OLD ANSON ROAD. THE BOTTOM LINE HAND PHOTO LOOKING AT THE PROPERTY FROM JAMISON STREET. TWO RIGHT HAND PHOTO THE TOP RIGHT HAND PHOTO IS EXISTING CONVENIENT STORE AND FUEL CELLS STATION JUST WEST OF OLD ANSON ROAD. THE BOTTOM RIGHT HAND PHOTO THE EXISTING RESIDENTS ON JAMISON STREET. >> AS STATED PREVIOUSLY CITY STAFF NOTIFIED ALL PROPERTY OWNER WITHIN 200 FOOT RAID YUM. THIS ILLUSTRATES THE NOTIFICATION AREA. AS WE STATE WED RECEIVED ZERO RESPONSES IN FAVOR AND ZERO IN OPPOSITION. THIS WAS REVIEWED BY CITY STAFF AND FOUND TO NOT BE CONSITIONANT WITH PLAN NOR FUTURE LAND USE AND DEVELOPMENT PLAN MAP. IT'S NOT CONSITIONANT WITH GENERAL LAND USE AND ZONING IN THE AREA. IT'S PURSUANT TO 1435 OF LAND DEVELOPMENT CODE WHICH EAST YOU ALL KNOW CRITERIA FOR APPROVAL. STAFF DOES RECOMMEND DENIAL DUE TO REQUEST EXCEEDING THE SIGN STANDARD THAT ARE ORDINARILY PERMITTED WITHIN COMMERCIAL ZOEP ZONING DISTRICT. I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE AT THIS TIME. >> IT'S RIGHT ACROSS FROM THE STREET LIKE THE HOTEL? >> IS -- >> FURTHER BACK. >> FURTHER BACK. >> FURTHER WEST. >> RIGHT ACROSS THE STREET IS THAT CONVENIENT STORE YOU SAW IN THE PHOTO. THE 50-FOOT TO THE TOP OF THE SIGN OR THE BOTTOM OF THE SIGN BOARD? >> THAT'S AT THE HIGHEST POINT ON THE SIGN. >> AND THEN THE STAFF OBJECTION IS TO THE 100 FEET AND 700 SQUARE FEET AND NOT THE 8 FEET ON THE REST OF THAT IS A VARIANCE BECAUSE WHAT DO YOU SAY SIX FEET? >> THAT'S CORRECT. THE OBJECTION IS JUST TO THE 100-FOOT SIGN THAT 700 SQUARE FEET IN AREA. DIRECTIONAL SIGNS CITY STAFF WE ARE COMPLETELY FINE WITH THAT. OUR LAND DEVELOPMENT CODE DOESN'T PROVIDE GUIDANCE FOR DIRECTIONAL SIGNS. 8 FEET. 25 SQUARE FEET IS ABSOLUTELY FINE. >> IT'S THE HEIGHT THAT STAFF HAS. >> THE HEIGHT IN THE OVERALL AREA OF THE FREE STANDING POLE SIGN. >> THIS GR ZONING WOULD ALLOW 50-FOOT SIGN 300 SQUARE FEET. >> CORRECT, YES, SIR. >> ANY OTHER QUESTIONS? THANK YOU, SIR. >> ABSOLUTELY. >> I WILL OPEN THE PUBLIC HEARING. ANYONE CARE TO SPEAK TO THIS ITEM PLEASE COME FORWARD. >> GOOD AFTERNOON. I'M LAURIN MONTGOMERY I'M HERE ON BEHALF OF QUICK TRIP. THIS MY FIRST IN PERSON-HEARING SINCE MARCH. >> MAKE SURE THIS ISN'T A MUTE BUTTON. >> YOU GUYS, WE'VE TALKED ABOUT IT. WE HAVE I-10 AND OLD ANSON ELEMENTARY TO THE LEFT. RESIDENTIAL TO SOUTH AND EXISTING CONVENIENT TORE TO WEST. YOU MAY BE FAMILIAR WE ARE UNDER CONSTRUCTION ON QUICK TRIP TRAVEL CENTER. MIKE CAN TALK MORE ABOUT THE TIME LINE TO GET THAT PIN FINISHED. WE MAY REMEMBER BAR ZONING WE DID AS-D ZONING ALONG JAMISON STREET. THAT WAS IN JARED'S PHOTOS. WITH STAFF'S HELP GOT CITE PLAN [00:35:05] AND BUILDING PERMIT APPROVED THIS PAST SUMMER RIGHT IN THE MIDDLE OF COVID. VERY APPRECIATIVE OF ALL THAT. THE MAIN DRIVER BEHIND THIS REQUEST IS SITE VISIBILITY FROM EASTBOUND TRAFFIC ON I-20. WE ARE REQUESTING THE 100 FOOT POLE SIGN AND THEN SOME SMALL DIRECTIONAL SIGNS AND I WILL TALK ABOUT THOSE LATE. WE FEEL WHAT WE REQUEST CONSISTENT WHAT'S IN THE AREA FURTHER TO THE WEST. I WILL TALK ABOUT THAT A LITTLE BIT MORE. >> THIS AERIAL SHOWS THE EXIT FOR EASTBOUND TRAFFIC. IT'S QUITE SOME DISTANCE FROM OUR SIGN. YOU WILL SEE ON THE NEXT SLIDE WHEN YOU EXITING THE EASTBOUND TRAFFIC WHEN YOU EXIT EASTBOUND OFF OF I-20 THERE'S THE SITE IS VERY HEAVILY TREED. AND SO AS THIS IS YOU ARE THE BACK OF THE RAMP COMING UP. WE HAVE NO INDIVIDUALSABILITY BECAUSE OF THE MRALT ALFALFAY AND HEAVY VEGETATION TO WEST. THIS FRONT PREMISE SIGN FOR THE GAS STATION ACROSS THE STREET FROM US. WE PLACED THE SIGN AT THE LOCATION WHERE WE FEEL LESS ON STRUSSIVE AS POSSIBLE. IT WILL BE PERM DICKLER TO INTERSTATE TO. YOU CAN SEE FROM SOME OF THE RENDERING THAT WE SENT OVER WERE AGAIN TRYING TO BE COGNIZANT OF THE SINGLE FAMILY RESIDENTS, WE FEEL THAT OUR REQUEST IS CONSISTENT WITH WHAT'S APPROVED TO THE WEST AND ALL OF THAT DEVELOPMENT SEEMS TO HAVE COME IN WITHIN THE LAST SEVERAL YEARS. THIS IS HEAD-ON VIEW OF THE STORE FROM OLD ANSON. AND THEN LOOKING TO THE NORTHEAST FROM KIND THE HARD CORNER OF THE SITE AT OLD ANSON AND JAMISON. THIS ABOUT DIRECTIONAL SIGN. THIS SECOND PART OF REQUEST. THESE ARE SMALL ON SITE SIGN WHICH CIRCULATION ON THE SIDE. AND OUR MAIN INTENT IN THE SIGNS SIGNS TO KEEP PRAGS BETWEEN AUTOMOBILES. IF YOU VISIT, YOU WILL HAVE SEEN THESE. THESE ARE DIFFICULTING CONTINUES TO WEST. ALL PHOTOS AND SIGNAGE OR STRUCTURES TO THE WEST WHICH WE FEEL ARE COMPARABLE TO WHAT WE PROPOSE. YOU CAN SEE HERE'S TOM POLE SIGNS. HERE'S GOOGLE EARTH THAT BLURRED IT OUT. THERE'S A LOWE'S SIGN. SEVERAL HOTEL SIGNS. THIS IS THE CAR ELEVATOR THAT IS PHOTO OF UNDER CONSTRCTION. THAT'S COMPARABLE IN HEIGHT TO WHAT WE PROPOSE. THIS IS CENTER MARK MOVIE THEATER THAT'S ALSO COMPARABLE IN HEIGHT. >> AND THEN THESE ARE ALSO ANOTHER LAST KIND OF GROUP OF A NUMBER OF WHOLE SIGNS TO THE WEST. THANK YOU FOR YOUR TIME TODAY. >> ANY QUESTIONS YOU HAVE IT WOULD BE HAPPY TO ANSWER. >> I DON'T KNOW. WE WOULD HAVE TO CALL SOMEONE, I KOENLT KNOW. >> THANK YOU GUYS. ANYONE WISH TO SPEAK TO THIS ITEM, PLEASE COME FORWARD. REAL ESTATE MANAGER. 1120 INDUSTRIAL BOULEVARD. I WAS PRETTY EXCITED DRIVING INTO TOWN. LAST TIME I WAS HERE WE HADN'T STARTED CONSTRUCTION AND ONCE AGAIN THANK YOU FOR ALL THE TOWNS HELP ON GET THING STARTED IN THE MIDDLE OF THE PANDEMIC. IT'S QUITE AN ACCOMPLISHMENT. I DON'T HAVE MUCH TO ADD. OVER WHAT LAURIN PRESENTED. I THINK THE PICTURES SHOW 1,000 WORDS. I WOULD LOVE TO SEND QUICK TRIP AS DESIGNATION FOR EVERYONE OUT THERE IN THE CAR. BUT SIGNAGE ON THE INTERSTATE IS -- IT'S A COMPETITIVE NOT EDGE BUT TO BE ABLE TO BE SEEN THE SAME TYPE YOU SEE ALAN. THAT'S REALLY IMPORTANT. THE TRUES THERE ARE UNFORTUNATE. THEY ARE PRETTY BUT THEY ARE IN THE WAY. ANY OTHER QUESTIONS YOU MIGHT HAVE IT WOULD BE HAPPY TO ANSWER. >> ANY QUESTIONS? >> THANK YOU, SIR. >> THANK YOU. >> ANYONE ELSE CARE TO SPEAK TO THIS ITEM? >> PLEASE COME FORWARD. >> SEEING NO ONE. OH, YES, MA'AM. I'M SORRY. [00:40:03] I'M SORRY. >> THE REASON I AM HERE BECAUSE THE WAY THEY CHANGED THE PLANS THAT WE HAVE PROPOSED. I'M OPPOSED TO. WHERE I LIVE RIGHT IN FRONT OF ME. THEY CAME MAYBE TWO HOUSES FROM WHAT I UNDERSTAND. I WITH SEE AND THE ENTRANCE ON THE SIDE IS RIGHT IN FRONT OF MY HOUSE. 24/7 TRAFFIC. LIGHTS COME INNING IN AND OUT. LIGHTS WOULD COME INTO OUR HOUSE. WE GO SLEEP LIKE EVERYONE ELSE. THERE WOULDN'T BE MUCH REST WITH THAT TRAFFIC COMING IN AND OUT. NO TELLING WHAT ELSE. I WAS WONDERING WHY THIS WAS MOVED AND WHY THERE'S NECESSARY HAVE TO BE AN OPENING ON THE RESIDENTIAL STREET ON THAT SIGN. >> WE'LL SEE IF YOU CAN GET YOU AN ANSWER. >> THAT'S MY CONCERN. BECAUSE WE WORK TO MAKE A LIVING. WE PAY OUR TAXES TO LIVE HERE IN ABILENE. ANY WAY THAT'S THE CONCERN THAT I HAVE. >> AS THE OPENING -- THIS OPENED IN FRONT OF THE HOUSE. MORE THAN THREE FOURTHS IN FRONT OF MY HOUSE. >> CAN YOU SEE -- IS THIS ON THE MONITORS UP THERE? THIS PICTURE THAT WE LOOK AT? MA'AM, DO YOU SEE. IS THAT OPENING -- IS YOUR HOUSE THE ONE WITH THE BROWN ROOF RIGHT IN FRONT OF THE OPENING. THE HOUSE WITH THE GREEN ONE WITH THE BLACK ROOF. >> RIGHT NEXT TO IT. >> IT'S RIGHT IN THERE. >> THANK YOU, MA'AM. NO ONE WANTS IT. IS IT NECESSARY TO HAVE THAT OPEN AND RESIDENTIAL STREET WHEN YOU HAVE OPENING I BELIEVE THEY HAVE AN OPENING ON THE ROAD. MAYBE TWO AND ONE ON STREET. MY MAIN QUESTION IS IT NECESSARY THAT THEY HAVE TO BUILD AN OPENING ON THE RESIDENTIAL STREET. >> WE SEE IF WE CAN GET YOU JAN ANSWER. WE CAN'T ANSWER. THAT'S MY CONCERN. THAT'S THE REASON I'M HERE. . >> UNDERSTAND. >> BECAUSE I UNDERSTAND BUSINESS IS GOOD. I UNDERSTAND THAT. >> THE ECONOMY AND ALL OF THAT. >> IT'S ALSO HAS OUR APPRECIATE IF SOME COMPANIES NEED TO UNDERSTAND WHERE THEY BUILD AND RESIDENTIAL AREA HAS TO HAVE THIS ALSO. >> WE'LL GET YOUR AN ANSWER. >> DO YOU HAVE CONCERNED ABOUT THE SIGNAGE? >> DO YOU HAVE CONCERN ABOUT THE SIGN BE HIGHER? >> I DON'T HAVE ISSUE OF SIGN WHATSOEVER. THAT'S JUST WHERE WE ARE ALTERNATE. ANYONE THAT HAPPEN IN FRONT OF THEM I WOULD UNDERSTAND THAT. >> THANK YOU, MA'AM. >> YOU'RE WELCOME. >> ANYONE ELSE CARE TO SPEAK TO THIS ITEM? I KNOW WE'RE ADDRESSING THE ISSUE OF THE SIGN BUT STAFF, OR MAYBE SOMEONE FROM QT, CAN WE ANSWER HER QUESTION AS TO OPENING IN HER AREA? >> I DON'T KNOW IF YOU REMEMBER. WE HAD QUITE A BIT OF DISCUSSION AINCLUDING THE BUFFER. ONE OF THE SLIDES SHOWED TWO DRIVEWAYS WHICH I THINK OUR FIRST SITE PLAN LAYOUT. ALSO THIS ONE I DON'T BELIEVE IS EVEN THE MOST RECENT. THE LAST THING THAT WE SETTLED ON BETWEEN STAFF AND COMMISSION AND COUNCIL WAS THAT WE NARROWED IT DOWN TO I WANT TO SAY LIKE 16 FEET OR SOMETHING. JUST FOR CARS. THERE'S SIGN NO TRUCK TRAFFIC. AND TO THE POINT OF WHY DO WE HAVE TO HAVE IT? THAT'S PART OF THE DISCUSSION AS WELL. THERE'S IF IF YOU CAN SEE IN THE PICTURE THE NEIGHBORHOOD THERE. YOU FORCE THEM ALL ON TO NORTH ANSON. CONCEIVABLY A SAFETY CONCERN ALSO. WE'RE A NEIGHBORHOOD CONVENIENT STORE AS WELL AS FUEL RETAILER. THESE PEOPLE ON THE JAMISON AND STREETS BEHIND I DON'T SEE THEM IF YOU GET ON INTERSTATE OR COME DOWN OLD ANSON. WE HAVE ACCESS POINT. THAT'S OUT NEIGHBORHOOD EGRESS AND INGRESS. >> THANK YOU, SIR. >> THANK YOU. ANYONE ELSE CARE TO SPEAK TO THIS ITEM? >> SEEING NO ONE. I WILL CLOSE THE PUBLIC HEARING. >> CHAIR WILL YOU LEAVE THE SLIDES UP. >> CAN YOU GO BACK TO THE ONE LOOKING DOWN INTERSTATE AT THE PROPERTY. [00:45:08] I DON'T WANT TO DOMINATE THE CONVERSATION. I LOOKED AT THIS A LOT. THAT SIGN TO THE LEFT OVER THERE IS OLD FLAG WORLD AND THERE'S SOMETHING ELSE ON TOP OF IT. THAT SIGN WAS PROBABLY A 50-FOOT SIGN ORIGINALLY. THEN THEY CAME IN AND STUCK THE OTHER PIECE OF SIGN ON TOP OF IT. IT'S PROBABLY 65-FOOT SIGN NOW. THE ONE ON THE NORTH SIDE OF THE INTERSTATE. THE SIGN ON THE RIGHT IS 50-FOOT POLE SIGN AND OFF PROPERTY. IT'S PROBABLY 300 YARDS TO THE WEST OF THE ACTUAL STATION THERE. IT'S AN OFF SITE. YOU CAN GO FURTHER BACK THE SIGN THE BIG WHITE SIGN THAT YOU CAN DOWN THERE. I DON'T KNOW WHAT THAT IS. THAT SIGN IS A 50-FOOT -- THAT'S THE TRAILER PLACE WHATEVER TRAILER PLACE IS. THE BIG. THAT'S TRAILER PLACE SIGN. IF YOU GO FURTHER BACK EAST YOU GET BACK DOWN TO THE DIESEL 48 LINE OR THOSE SIGNS ARE ALL 50 BY 300 OR SOMETHING LIKE THAT. THEY ARE ALL 50-FOOT SIGNS. AS YOU COME AROUND THE LOOP AND GO THE OTHER WAY. YOU DON'T SEE ANYTHING OVER 35 OR 50 FEET. I UNDERSTAND THE REASON FOR 1 #00 FIREFIGHTER FOOT SIGN IF YOU COME FROM THE WEST YOU KNOW COMING FROM THE EAST IT'S CLEAR SIGN IN THERE. YOU KNOW, OUT IN THE I THINK IN JARED I DON'T KNOW IF JERROLD SAID THING. OUT TOWARD 351 AROUND THE LOWE'S A AND WAL-MART. THE COUNCIL, IN THAT THEY UPPED THE SIGN TO 60 FOOT AND 75-FOOT BUT DECREASED THE SIZE OF IT DOWN TO 200. I CAN SEASON THE REASON FOR ALL OF THAT. MY PERSONAL OPINION IS ORDINANCE DOES FINE WITH 50-FOOT SQUARE FOOT SIGN. YOU KNOW, I -- 100 FOOT 700 SQUARE FEET BILLER THAIN BILL BOARD. >> THAT'S 700 SQUARE FOOT BIGGER THAN BILLBOARDS. WE DON'T WANT THAT. THAT'S WHERE I AM. I CAN BE SWAYED ONE WAY OR ANOTHER. JUST MY OPINION DRIVING AND AND LOOKING AT THAT OVER THE LAST COUPLE OF DAYS. I THINK OUR ORDINANCE WORKS FINE. LET ME SEE WHERE EVERYBODY ELSE. >> ARE THE COMMENTS FROM OTHER COMMISSIONERS? >> I WOULD HAVE TO AGREE WITH CLINT. LOOKING AT THIS PHOTOGRAPH HERE. THAT SIGN IS 50-FEET. IF YOU TALK TWICE THE SIDE OF THAT. 2 AND A HALF TIMES THAT SIZE. THAT SEEMS A LITTLE BIT EXCESSIVE. >> FOR ONE DIRECTION. YOU WOULD ONLY NEED THAT IF YOU'RE COMING FROM THE EAST. AND THAT'S STILL A REALLY BIG SIGN. >> ANYBODY ELSE? >> ANYBODY ELSE. >> I WOULD NEED TO OPEN THE PUBLIC HEARING. >> OKAY. I WILL OPEN THE PUBLIC HEARING. COME ON, MA'AM. >> I UNDERSTAND THE CONCERNS AND WE APPRECIATE THOSE. I THINK IN ORDER TO TRY TO BE SENSITIVE TO CONCERNS I THINK WE COULD ACHIEVE WHAT WE TRY TO DO WITH MAXIMUM HEIGHT OF 70 FEET WITH 400 SQUARE FOOT SIGN. IF THAT'S SOMETHING THE COMMISSION WOULD BE COMFORTABLE WITH. >> ANYBODY ELSE BEFORE I CLOSE THE PUBLIC HEARING? ANY QUESTIONS? >> THANK YOU, MA'AM. >> THANK YOU. >> OKAY. NOW LET'S ALEX. YOU STARTED TO SAY SOMETHING. >> I LIKE THAT COMPROMISE. >> YOU ARE OKAY WITH INCREASING THE SIZE. >> I AM. ABILENE IS A MAJOR HUB. THAT'S WHY I WAS CURIOUS. WEATHERFORD IS COMPARABLE. TO WHAT ABILENE TRYING TO DO BEING ON I-20 TRYING TO STOP TRAFFIC AND BRING OUTSIDE DOLLARS INTO ABILENE. I'M OKAY WITH 400-FOOT SIGN. >> ALSO INCLUDE THE GAS PRICE UNDERNEATH. IT'S MORE JUST THE LONGER. THE EXIT SO FAR BACK. IN YOU WANT TO DO IT YOU NEED TO SEE IT COMING FROM CERTAIN DISTANCE OTHER YOU WILL PASS IT. [00:50:04] >>IST INTERESTED WITH THE CITIZENS CONCERN THAT BEING THE NEIGHBOR SHE'S NOT WORRIED ABOUT THE LIGHT THAT HIGH. SHE'S OKAY WITH THAT. THAT'S WOULD BE PEOPLE I'M MOST CONCERNED ABOUT. EVERYBODY ELSE WILL SEE THE TRAFFIC STOPPING IN BUSINESS. PAYING TAX DOLLARS HERE. IT WOULD BE OKAY WITH THAT. >> OKAY. I'M TRULY SURPRISED THERE WEREN'T ADDITIONAL NEIGHBORS WHO CAME IN AND COMPLAINED ABOUT BLIGHT. I WOULD HAVE THOUGHT THAT WOULD HAVE BEEN A CONCERN. BUT I WAS CONCERN THERE WASN'T ANYBODY. MY QUESTION AS WE ARE DISCUSSING THIS WOULD BE IF WE TO GO WITH THIS AND APROVE IT. ARE WE OPENING PANDORA'S BOX FOR ANYTHING ELSE THAT COMES YOU KNOW RIGHT BEHIND THIS IN THAT SAME AREA WHAT DOES THIS DO TO SIGN. I GUESS -- THAT WILL BE WHAT'S ON MY MIND. I GUESS I WOULD LIKE TO HEAR SOMEONE SAY SOMETHING ABOUT THAT. >> DID WE MAKE AN EXCEPTION FOR THE ONES SHE SHOWED? LIKE THE CINEMARK SIGN. >> THOSE ARE ALL BACK. >> THOSE ARE ALL BACK. IT'S WAY OFF THE ROAD. THAT'S A STRUCTURE. >> I DON'T THINK IT'S A SIGN. >> IT'S A CLEVER STRUCTURE. >> STAFF WILL HOPEFULLY BAIL US OUT OF THIS. OR GIVE US INSIGHT. >> I NEED COMPROMISE. >> TO CLARIFY THE CINEMARK. THAT'S A WALL SIGN. A LITTLE BIT DIFFERENT STANDARD AS FAR AS HOW WE THESE THOSE SQUARE FOOTAGEWISE AND HEIGHT LIMITED TO THE OVERALL ALLOWED HEIGHT IN THE ZONING DISTRICT THAT IT'S WITHIN. IT'S NOT THE SAME THING AS FREE STANDING POLL SIGN. WE VIEW THEM COMPLETELY DIFFERENT. AT THE END OF THE DAY. THE CAR STRUCTURE? >> THAT WAS BEFORE MY TIME AND I'M NOT EXACTLY SURE HOW THEY CAME ABOUT AND WHETHER WE VIEW THAT AS A SIGN AT ALL. IT'S A BUILDING. IT'S A BUILDING. >> THERE'S DOES IT FALL UNDER THE SAME AS SIGN WOULD. EXACTLY. WE WOULD VIEW AS OVERALL ALLOWED HEIGHT WITHIN THE ZONING DISTRICT IT'S WITHIN. >> THAT'S THE MAXIMUM ALLOWED HEIGHT OF THAT STRUCTURE. >> MAKE A SIMILAR IMPACT OF THE SIGN. >> ANY OTHER QUESTIONS? >> LET'S CONTINUE. ALEX, YOU ARE OKAY WITH THE PROPOSED NEWLY PROPOSED HEIGHT. >> YEAH. >> IF IT BRINGS PEOPLE INTO ABILENE TO SPEND MONEY. I THINK IT WILL. I'M FOR THAT. >> OKAY. >> I AGREE WITH ALEX. >> YOU DO. >> INTERESTING. >> OKAY. ANY OTHER DISCUSSION OR I WILL ENTERTAIN A MOTION. >> I WILL JUMP IN HERE. THE COUNCIL AND I DON'T REMEMBER US RECOMMENDING THE 60 AND 75-FOOT OUT THERE. MAYBE WE DID. THE 70 FOOT BETWEEN 60 AND 75 THAT'S IN THAT AREA OUT THERE ON 351. 400 SQUARE FEET IS A BETTER SITUATION THAN BEING BROUGHT LIKE A BILLBOARD. WITH A SIGN LIKE THAT. REASON FOR US TO AT LEAST TAKE - IT TO COUNCIL AND SEE IF THEY LIKE IT. [LAUGHTER] >> TRUE FOOTBALL MAN. IS THAT MOTION, CLINTON >> I WILL SO MOVE 70 FOOT AND 400 SQUARE FOOT. I HAVE A MOTION. DO I HAVE A SECOND. >> MOTION AND A SECOND. >> DO WE NEED TO INCLUDE THE OTHER SIGNS IN THIS SAME MOTION? >> WE HAVE A MOTION TO APPROVE A 70-FOOT AND 400 SQUARE FOOT NEWLY PROPOSED SIZE SIGN. [6. Z-2020-19] CARRIES. NEXT ITEM Z-2020-19 PUBLIC HEARING AND POSSIBLE VOTE TO RECOMMEND APPROVAL OR DENIAL OF CITY COUNCIL ON REQUEST FROM OLDHAM PARTNERS LP AND WINDMILL CIRCLE PARTNERS LP AGENT TONY CONDER TO REZONE APPROXIMATELY 3.8 ACRES IN GENERAL TREE TAIL DISTRICT EXTENDING 300 FEET NORTH FROM 900 BLOCK OF GATEWAY STREET AND APPROXIMATELY 4.3 ACRES IN ADJACENT NEIGHBORHOOD RETAIL NR DISTRICT EXTENDING 300 FEET WEST FROM 3600-3700 BLOCKS OF OLDHAM LANE. TO GENERAL COMMERCIAL GC DISTRICT. LEGAL DESCRIPTION BEING APPROXIMATELY 8.1 ACRE OUT OF THE SOUTHEAST QUARTER OF BLIND ASYLUM LAND SECTION 62 IN ABILENE, TAYLOR COUNTY, TEXAS. >> GOOD AFTERNOON. [00:55:07] SHERYL SAWYERS. BEFORE YOU TODAY REZONING REQUEST FOR TWO DIFFERENT ZONING INCORPORATED IN THIS SAME PIECE OF PROPERTY. THE AREA INCLUDE THAT 3.8 ACRE OF GENERAL RETAIL AND APPROXIMATELY 4.3 ACRES OF THE NEIGHBORHOOD RETAIL AREA. THE APPLICANT ARE REQUESTING TO REZONE APPROXIMATELY THE 8.1 ACRE OF LAND TO GENERAL COMMERCIAL FOR THE PURPOSE OF POSSIBLY RELOCATING THE CATERPILLAR DEALERSHIP LOCATED ON TREADWAY AND SEEKING CONDITIONAL USE PERMIT FOR A LITTLE BIT OVER 24 ACRES OF LAND. YOU WILL HEAR THE CASE IN A LATER PART THIS MEETING. THIS PROPERTY WAS REZONED FROM AGRICULTURE OPEN SPACE TO PRESENT SKOENING IN 2013. AS SHOWN OATH THE ZONING MAP HERE. IT HAS REMAINED VACANT. YOU SEE THE ZONING GENERAL COMMERCIAL AND HAS LOOP 322. AND TO THE EAST AND SOUTHEAST YOU CAN SEE RESIDENTIAL ZONING MEDIUM DENSITY ZONING WHICH CURRENTLY HAS DUPLEX STYLE HOMES TO THE SOUTH. ALSO NOTE THE ONLY ENTRANCE TO THE MEDIUM DENSITY HOME ON GATEWAY THROUGH TO THE SOUTH ON CAREER LANE. THIS IS THE USE ALLOWED IN GENERAL RETAIL. ARE USES ALLOWED IN NEIGHBORHOOD RETAIL. AND THE USE ALLOWED IN GENERAL COMMERCIAL AND AS YOU CAN SEE IT'S A LITTLE BIT IN RED THEY WOULD NEED ADDITIONAL USE PERMIT FOR REQUIRED PROPOSED USE THEY HAVE FOR THIS ZONING. >> THESE ARE THE SUBJECT VIEWS OF THE SUBJECT PROPERTY UP THERE IN THE LEFT-HAND CORNER ON THE TOP YOU CAN SEE THAT THE ENTIRE SECTION OF THAT LAND IS NOT THE ENTIRE SECTION OF WHAT THEY ARE PROPOSING TO DO. IT'S VACANT. AND THE PIECES THAT WE'RE TALKING ABOUT WERE REZONED IN 2013 AND REMAIN VACANT. >> ACROSS THE STREET YOU CAN SEE THE RS FIREFIGHTER 6 HOMES. ON THE BOTTOM IS CARRERA LANE. STAFF SENT OUT NOTIFICATION. RETURNED ONE IN FAVOR AND TWO IN OPPOSITION. STAFF REVIEWED THIS SECTION REVIEW PURSUANT 1.4.1.4 OF THE LAND DEVELOPMENT CODE AND RECOMMENDING APPROVAL FOR THIS AREA. ARE THERE ANY QUESTIONS? >> WHAT OPPOSITION SAY? >> THEY DID NOT SAY THEY JUST CHECKED THE OPPOSITION BOX. >> WE RECEIVED THOSE TODAY. >> THANK YOU. I WOULD OPEN THE PUBLIC HEARING. ANYONE WISHING TO SPEAK TO THIS PUBLIC ITEM, PLEASE COME FORWARD. >> SOUTHWEST DRIVE PROPONENT THIS IS EXTREMELY SIMILAR TO -- MASK AND GLASSES DON'T GO TOGETHER. >> I HEAR YOU BROTHER. >> EXTREMELY SIMILAR TO WHAT WE DID A FEW MONTHS BACK WITH THE JOHN DEERE DEALERSHIP WHICH IS ABOUT 800 OR SO FEET FROM THIS LOCATION. IT'S A CONTINUATION OF THAT TYPE OF USE ALONG LOOP 322. IT WOULD BE HAPPY TO ANSWER ANY QUESTIONS. >> ANY QUESTIONS? >> WHAT'S THE PLAN FOR MOST OF THE ENTRIES AND EXITS TOWARD 322 OR BACK? >> 322 WILL BE THE MAIN FOCUS. I THINK THEY WILL HAVE TO -- THAT WILL DEPEND ON TEXT DOT AS TO WHAT HAPPENS I LONG FM-1750. I DON'T SEE ANY REAL ACCESS POINT ON TO GATEWAY THAT DOESN'T REALLY MAKE ANY SENSE. ANYWAY. THAT WILL HAPPEN THROUGH THE PLANNING. >> ANY OTHER QUESTIONS? >> THANK YOU, SIR. >> THANK YOU. ANYONE ELSE CARE TO SPEAK TO THIS ITEM PLEASE COME FORWARD. >> SEEING NO ONE; I WILL CLOSE THE PUBLIC HEARING. DISCUSSION FROM THE COMMISSION. DISCUSSION FROM THE COMMISSION. >> OR PERHAPS A MOTION. >> SEEMS LIKE WE WILL SHARE. [01:00:02] WE WILL DISCUSS THE JOHN DEERE ONE A FEW MONTHS BACK. >> >> I WOULD BE IN FAVOR OF THE MOTION. >> OKAY. I HAVE A MOTION TO APPROVE. DO I HAVE A SECOND. >> I WILL SECOND THAT. >> THE MOTION TO APPROVE CARRIES. [7. Z-2020-20] THE NEXT I'M Z-2020-20 PUBLIC HEARING POSSIBLE VOTE TO RECOMMEND APPROVAL DENIAL OF CITY COUNCIL ON REQUEST FROM ALBERT HOULE AGENT CHRIS BARNETT AND DALE SCOGGINS TO REZONE PROBLEMS MAYBE 8.14 ACRE AT 7602 THROUGH 7734 SWATH SOUTHWEST OF WALDROP DRIVE AND U.S. HIGHWAY 83-84 FROM AN AGRICULTURE OPEN SPACE AO DISTRICT TO GENERAL COMMERCIAL GC DISTRICT THE LEGAL DESCRIPTION BEING APPROXIMATELY 8.14 ACRE OUT OF THE NORTHWEST QUARTER OF THE LUNATIC ASYLUM LAND SECTION 23 IN TAYLOR COUNTY, TEXAS. >> GOOD AFTERNOON, JARED SMITH. PLANNING AND DEVELOPMENT SERVICES. I PRESENT Z-2020-DO. ALBERT IS REPRESENTED BY CHRIS BARNETT AND DALE SCOGGINS. ALLOW A GREATER VARIETY OF COMMERCIAL USES ON THIS LAND. THE NORTHWEST CORNER OF LUNATIC ASYLUM LAND. ABILENE, TEXAS TAYLOR COUNTY. WE DID SEND OUT NOTIFICATION LETTERS AND RECEIVED ZERO RESPONSES IN FAVOR AND ZERO IN OPPOSITION. HERE IS OUR AERIAL LOCATION MAP SHOWING AN AERIAL IMAGE OF THE SUBJECT PROPERTY. IT'S JUST ON THE SOUTH CLAC STREET. ADJACENT TO HIGHWAY 83. 84. CURRENT ZONING MAP SHOWING SUBJECT PROPERTY IS CURRENTLY ZONED AGRICULTURE OPEN. FURTHER WEST WE HAVE ZONING AND JUST SOUTH IS A PLANNED DEVELOP WHICH IS CURRENT HOME TODAY LOR ELECTRIC CO-OP. FEW PHOTOGRAPHS OF OUR SUBJECT PROPERTY PRIMARILY FARM LAND RIGHT NOW THERE'S A FEW SINGLE FAMILY RESIDENCES. NOTIFICATION MAP SHOWING THE 200 FOOT NOTIFICATION AREA SURROUNDING OUR SUBJECT PROPERTY AS I STATED WE DID NOTIFY ALL PROPERTY OWNER WITHIN THE 200 FOOT RAID YUM. AND ZERO IN OPPOSITION. STAFF REVIEWED THIS AND IT IS CONSISTENT WITH COMPREHENSIVE PLAN AND LAND USE WOPMENT PLAN MAP CONSISTENT WITH THE SECTION 1414 OF LAND DEVELOPMENT CODE WHICH CRITERIA FOR APPROVAL. THEREFORE CITY STAFF DOES RECOMMEND APPROVAL. HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE AT THIS TIME. >> I WANT TO SAY GENERAL RETAIL. IT COULD BE GC. >> ANY OTHER QUESTIONS? >> THANK YOU, SIR. >> I APOLOGIZE. IT'S GC. >> JUST DAWNED ON ME. IT'S GC. >> I WILL OPEN THE PUBLIC HEARING. ANYONE CARE TO SPEAK TO THIS ITEM. COME FORWARD. MR. CHAIRMAN, I'M DALE SCOGGIN. AGENT FOR THE PROPERTY OWNER. AL HAS OWNED THIS PROPERTY FOR A NUMBER OF YEARS. DEVELOPED WITH NUMBER OF SINGLE FAMILY RESIDENTIAL PROPERTIES THAT WERE RURAL IN CHARACTER. REALLY THE DEVELOPMENT THAT EINVOLVING IN THE AREA. TO THE EAST IS GOING TO PUT LARGE VOLUME OF TRAFFIC ON IT NOT A SITE FOR COMMERCIAL DEVELOPMENT. THE ABILITY TO MAINTAIN TENANTS IN THOSE HOUSES WHICH RENTED HOUSES COMPROMISED BY THE LEVEL OF TRAFFIC NOW. I THINK IT'S TIME FOR THE USE OF [01:05:06] THE PROPERTY TO CHANGE. THE INTERSECTION HAS GOT SOME ISSUE WHAT OBVIOUSLY BEING THE PRESENCE TAYLOR ELECTRIC USURPING THE AREA TO SOUTH. IT MAKES IT DIFFICULT FOR OR GOING TO MAKE IT CHALLENGING TO DEVELOP YOU ALSO HAVE SOME TOPPO GRAPHCAL ISSUES ON NORTHEAST CORNER THAT WILL HAVE NEGATIVE EFFECT. WE HAVE MAJOR CORNER AND LIMITED AMOUNT OF COMMERCIALLY ZONED SPACE. I APPRECIATE THE STAFF RECOMMENDATION. I THINK THIS IS CONSISTENT WITH THE PLAN. IT WOULD BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE. >> ANY QUESTIONS? >> THANK YOU, SIR. >> THANK YOU VERY MUCH. >> ANYONE ELSE 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. >> IF YOU ZOOM OUT FROM THIS THAT CORRIDOR WITH GR OR GC. UP AND DOWN IT. THIS IS RIGHT ZONING FOR THAT. IT DOESN'T MAKE SENSE. IT'S KIND DEVELOPING AS THOROUGHFARE. NATURAL PROGRESSION. >> MOTION. >> MOTION TO APROVE. >> SECOND. MOTION AND THE SECOND. WE HAVE MOTION TO APPROVE. BR >> THE MOTION TO APROVE CARRIES. >> NEXT ITEM ON THE AGENT [8. Z-2020-21] Z-2020-21 PUBLIC HEARING AND POSSIBLE VOTE TO RECOMMEND APPROVAL OR DENIAL TO CITY COUNCIL ON A REQUEST FROM VINSON HIGGINBOTHAM AGENT JACK ZANGE ARE OF TRIANGLE ENGINEERING TO REZONE PROBLEMS MEGAWATTLY 4.04 ACRES ON 4900-5,000 BLOCKS SOUTHWEST SIDE OF THE SOUTH OPEN SPACE AO TO GENERAL TURE - COMMERCIAL GC DISTRICT. LEGAL DESCRIPTION BEING APPROXIMATELY 4.04 ACRES OUT OF LOT 6 IN THE ALFRED AND MARY FASSHAUER SUBDIVISION OF BLIND ASYLUM LANDS SECTION 65 AND IN ABLOOENT -- ABILENE, TAYLOR COUNTY TEXAS. >> I'M BRAD STONE. I WORK HERE ON THE PLANNING STAFF FOR THE CITY OF ABILENE. THE REQUEST INCLUDE SLIEBLTHLY MORE THAN FOUR ACRE OF LONG VACANT LAND. IN THE 4900 BLOCK. IT FACES THE WINTER FREEWAY. AND AGAIN AS THE CHAIRMAN MENTION THE SPECIFIC REQUEST FOR A CHANGE FROM AGRICULTURE OPEN SPACE TO GENERAL COMMERCIAL ZONING. THE SITE IS THE STRIPED AREA IN THE CENTER OF THE SLIDE. AND AS YOU CAN SEE IT FACES SOUTH CLACK STREET AND THE FREEWAY. I WOULD MENTION THAT THIS SEGMENT OF SOUTH CLACK ONE WAY SOUTHBOUND FRONTAGE ROAD FOR THE FREEWAY. I WOULD ALSO POINT OUT THAT ALONG THE REAR OR WEST SIDE OF THIS SUBJECT PROPERTY IS A 100-FOOT STRIP OF LAND THAT'S OWNED BY THE CITY OF ABILENE. BUT WHICH WAS RIGHT-OF-WAY OR WAS CALLED THE ABILENE AND SOUTHERN RAILROAD. FURTHER WEST AND BEYOND THAT 100-FOOT WIDE STRIP ARE SINGLE FAMILY HOMES IN THE CANYON ROCK LATE SUBDIVISION. TO THE SOUTH OF THIS SUBJECT PROPERTY IS ANOTHER 100-FOOT STRIP OF LAND WHICH IS THE WILLIAM OR NATURAL GAS PIPELINE. ON THIS SLIDE, THE COLOR GREEN REPRESENTS EXISTING AO ZONING ALL OF WHICH HAS BEEN IN PLACE SINCE ABILENE'S PRESENT ZONING MAP WAS INITIALLY ADOPTED OVER 45 YEARS AGO. THE COLOR YELLOW OF COURSE REPRESENTS SINGLE FAMILY RESIDENTIAL ZONING IN THE CANYON ROCK LAKE SUBDIVISION. WE HAVE SOME PHOTOS OF THE SUBJECT PROMPT AND IT'S [01:10:05] SURROUNDINGINGS. I WOULD PARTICULARLY HIGHLIGHT THE PHOTO IN THE UPPER LEFT. IT'S PHOTO LOOKING SOUTH OF THE 100-FOOT WIDE STRIP OF LAND NOW OWNED BY THE CITY OF ABILENE AND WHICH WAS FORMERLY A RAILROAD. >> THE SUBJECT PROPERTY LIES TO THE LEFT OF THAT PHOTO. AND THE ROCK SUBDIVISION LIES TO THE RIGHT OF THE PHOTO. THE LABEL ON THE PHOTO READS MEMORIAL DRIVE. URTS NOT REALLY MEMORIAL DRIVE. ABILENE THOROUGHFARE PLAN DOES SUGGEST THAT THIS 100-FOOT STRIP OF LAND SHOULD SOME DAY BE A NORTHWARD PROJECTION OF MEMORIAL DRIVE AND ARTERIAL STREET. BUT NO NORMAL DEDICATION OF ANY SUCH STREET RIGHT-OF-WAY HAS EVER BEEN MADE. OF COURSE WE HAVE SOME OTHER PHOTOS OF THE SUBJECT PROPERTY. YOU CAN SEE ON THE UPPER RIGHT WE'RE LOOKING STRAIGHT SOUTH ACROSS THE SUBJECT PROPERTY AND IN THE BOTTOM TWO PHOTOS, SHOWS THE SUBJECT PROPERTIES FRONTAGE ALONG SOUTH CLACK STREET. 7 OWNER OF NEARBY PROPERTY WERE NOTIFIED OF THIS ZONE CHANGE REQUEST. WE HAVE SO FAR RECEIVED WRITTEN RESPONSES FROM JUST THE OWNER OF THE SUBJECT PROPERTY WHO ALSO OWNS ANOTHER VACANT TRACT OVER FIVE ACRES IN SIDES LOCATED SOUTH OF THE SUBJECT PROPERTY. ABILENE COMPREHENSIVE PLAN SUGGEST THE ENTIRE TRIANGLE AREA NOT JUST THIS TRIANGLE AREA BUT A BIGGER TRIANGULAR SHAPED AREA BOUNDED BY HIGHWAY 83 AND 84, ANTILLEY ROADWAY DOWN ON THE SOUTH AND THE FORMER RAILROAD IS A SPECIAL ACTIVITY CENTER. THE PLAN SHOWS IT EMBRACING 300 TOTAL ACRES WITHIN WHICH A VARIETY OF COMMERCIAL BUT NOT INDUSTRIAL USES ARE INDEED ENCOURAGED. IT'S SPECIFIC ACTIVITY CENTER. BEFORE THE SUBJECT PROPERTY AND IT'S IMMEDIATE SURROUNDINGS, TO THE NORTH AND SOUTH, THE POTENTIAL FOR COMMERCIAL ZONING SEEMS LIMITED TO EITHER GENERAL COMMERCIAL ZONING OR GENERAL RETAIL ZONING. BOTH THESE FORMS OF COMMERCIAL ZONING ARE IDENTICAL IN MANY WAYS. BUT THE GENERAL COMMERCIAL CLASSIFICATION ALLOWS SOME AUTOMOTIVE RELATED BUSINESSES SUCH AS AUTOMOBILE SALES OR AUTOMOTIVE REPAIR THAT GENERAL RETAIL ZONING DOES NOT ALLOW. WITH APATROL OF CONDITIONAL USE PERMIT. GENERAL COMMERCIAL ZONING ALSO ALLOWS CONTRACTOR SERVICES, AND EVEN WHOLESALE TRADE. AGAIN, WITH APPROVAL OF THE CONDITIONAL USE PERMIT. THERE ARE SOME SUBSTANTIAL DIFFERENCES BETWEEN GENERAL RETAIL AND GENERAL COMMERCIAL ZONING. GENERAL RETAIL ZONING IS MOST APPROPRIATE FOR CONSUMER ORIENTED TRADE AND SERVICES THAT REQUIRE MAXIMUM ACCESS AND EXPOSURE BY PASSING MOTORIST. USUALLY AT OR NEAR THE INTERSECTION OF MAJOR STREETS. GENERAL COMMERCIAL ZONING ALLOWS ALL THE SAME CONSUMER ORIENTED RETAIL AS GC ZONING BUT GC ZONING ALSO ALLOWED OPPORTUNITIES FOR SOME COMMERCIAL USES NOT HAVING TO RELY ON A LOT OF PASSING MOTORIST. THESE BUSINESSES ARE THOSE WHICH, THEY ARE THOSE TO WHICH CUSTOMERS NEED TO TRAVEL OCCASIONALLY BUT NOT ON A REGULAR BASIS. THESE BUSINESSES DO INCLUDE AUTOMOTIVE REPAIR. AUTOMOBILE SALES, AND EVEN WHOLESALE TRADE ALL OF WHICH ARE POTENTIALLY ALLOWED FOR AT LEAST POTENTIALLY ALLOWED IN GC DISTRICTS BUT ARE NOT ALLOWED IN GENERAL RETAIL DISTRICTS WHATSOEVER. WE ALSO POINT OUT THAT THE ONLY EXISTING ROADWAY ADJACENT TO THIS SUBJECT PROPERTY IS SOUTH CL ACK STREET ONE WAY SOUTHBOUND. THE SUBJECT PROPERTY LIES LONG WAY FROM ANY EXISTING CROSS SEAT SUITABLE FOR COMMERCIAL TRAFFIC. CITY STAFF RECOMMEND APPROVING THE REQUESTED CHANGE TO GENERAL COMMERCIAL ZONING. DUE TO THE SITE'S LOCATION ON ONE-WAY STREET AND THE ABSENT OF [01:15:04] SUITABLE CROSS STREET. SOMETHING MORE THAN GENERAL RETAIL ZONING MAY BE NECESSARY IN ORDER TO MAKE ANY EFFECTIVE USE OF THIS SUBJECT PROPERTY. GENERAL SPECIAL ZONING IN OUR OPINION, REPRESENTS AN APPROPRIATE BALANCE BETWEEN ALLOWABLE NONRESIDENTIAL USE AND THIS SITE PROXIMITY TO NEARBY RESIDENTS. UP SIGHTLY INDUSTRIALWIDE USE AND UNMITIGATED OUTDOOR STORAGE ARE PROHIBITED ALL TOGETHER IN GC-ZONING. AND THE 100-FOOT STRIP OF LAND DOES SEPARATE ANY ALLOWED COMMERCIAL USE FROM THE REAR OF THE NEARBY RESIDENTS. AGAIN, CITY PLANNING STAFF RECOMMENDS APPROVAL OF GENERAL COMMERCIAL ZONING. IT WOULD BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. >> ANY QUESTIONS? >> THANK YOU, SIR. >> THANK YOU. >> I WILL OPEN THE PUBLIC HEARING. ANYONE CARE TO SPEAK TO THIS ITEM, PLEASE COME FORWARD. HELLO. I'M WITH TRIANGLE ENGINEERING OWNER AND AGENT I'M HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE. >> QUESTIONS? >> THANK YOU, SIR. >> ANYONE ELSE CARE TO SPEAK TO THIS ITEM? >> YES, SIR. COME FORWARD PLEASE. YES, MA'AM. >> MY NAME THE CHUCK LAWSON. THIS IS MY WIFE DEON. AND WE'RE SPEAK TOIVENG PROPERTY BASICALLY IN OUR BACKYARD. WE BUILT THAT HOME 12 YEARS AGO. WE DONE QUITE A FEW IMPROVEMENTS. WE'RE RETIRING SOME DAY. OF COURSE WHAT THE -- WHAT LIT DO TO VALUE IS UNREAL. BUT NOT ONLY THAT, THEY KEEP TALKING ABOUT CAR BODY EL DEALERSHIP, ET CETERA WITH LIKE ON THE BACK WINDOW. WE BOTH STILL WORK AND HAVE BUSINESSES IN ABILENE. ONE OF OUR MAIN CONCERNS IS THAT WASN'T BROUGHT UP AS FAR AS REPAIR SHOPS. AS WE UNDERSTAND IT WILL BE BOSTON COLLISION PARK. WE KNOW ALL DAY LONG. IMPACT ON THAT. TRASH FOLLOWING. AND IT'S JUST NOT A VERY GOOD SITE. WE -- THERE'S A WHOLE NEIGHBORHOOD FIVE HOUSES RIGHT IN THE BACKYARD OF THIS THING. RIGHT ACROSS THE STREET IT'S -- THE WHOLE NEIGHBORHOOD. IN FACT, TOWARD SAM'S. THERE'S THAT AREA AND THAT LAND BESIDE IT WHICH I WOULD THINK THE OWNER WOULD NOT WANT IT THERE. IT WILL BE FACE VALUE. DESPITE P BHIET LEGACY HOMES JUST LRNING TO THE NOISE. AND THE TRAFFIC, ET CETERA. WE WOULD LIKE I DON'T THINK THAT THE NEIGHBORHOOD -- NEVER WAS BROUGHT UP HERE EARLIER REALIZES THAT WHAT WE'RE UNDERSTANDING THAT WILL BE A COLLISION CENTER. AND AGAIN EVERY ONE KNOWS WHAT THAT DOES. I MEAN IT'S OBVIOUSLY. YOU CAN PUT UP TALL FENCES BUT YOU WILL HEAR THE IMPACT RANCHES GOING ON. WE WOULD LIKE TO DO WHATEVER POSSIBLE TO PUT THIS TO HALT. THAT ROAD MEMORIAL WHEN WE MOVED IN THERE TWELVE YEARS AGO AND BUILT THE HOME. WE WERE TOLD THAT WOULDN'T BE A ROAD. THAT WOULD NEVER BE A THROUGH WAY THROUGH THERE. WE'RE HERE. AND GOING TO GO THROUGH THE NEIGHBORHOOD AND LET PEOPLE KNOW WHAT'S GOING ON TO TRY HELP ARGUE OR WHATEVER THE CASE MAY BE WITH THIS. >> OKAY. >> MA'AM, ANYTHING TO ADD? >> YES. I AM WE DID RECEIVE A LETTER BUT IT DID NOT SAY ON THE LETTER THEY WERE INTO DOING A COLLISION REPAIR SHOP THERE. SO I DON'T THINK IT'S FAIR THAT EVERYONE DOES NOT KNOW THE FACTS -- THEY COULD BE HERE. I HAVE LOTS OF FRIENDS THAT LIVE IN THE VILLAGES THAT LIVE IN LEGACY, THAT WHEN WE FOUND OUT YESTERDAY THAT WE DIDN'T HAVE TIME TO NOTIFY I KNOW THEY WOULD BE OPPOSED. AND I HAVE TONS OF TEXT MESSAGES. I THINK THAT, THAT PEOPLE NEED TO KNOW FACTS ABOUT WHAT IS REALLY GOING THERE BEFORE THERE'S A DECISION. WE UNDERSTAND THAT SOME DAY OF COURSE WE KNOW HONESTLY I THOUGHT WHEN WE GOT THAT LETTER THAT IT WAS GOING TO BE FOR MAYBE HENDRIX AND HENDRIX IS A [01:20:02] YOU KNOW -- UNDERSTANDABLE WE KNOW THAT. OR RETAIL CENTER. DENTAL OFFICES, DOCTOR'S OFFICES WHATEVER. BUT NOT A COLLISION REPAIR CENTER IN MY BACKYARD. THAT WILL BE AN EYESORE. THERE'S FUMES, THERE'S DUST. THERE'S NOISE. IT'S A LITTLE BIT DEVASTATING. WE JUST PUT A LOT OF MONEY IN OUR BACKYARD THIS SUMMER. I JUST THINK BEFORE THERE'S A FINAL DECISION, THAT, THAT THE OTHER PEOPLE IN OUR NEIGHBORHOOD AND THE NEIGHBORHOODS NEXT TO THEM NEED TO KNOW THE FACTS ABOUT WHAT IS REALLY GOING THERE. >> OKAY. >> CAN WE GO BACK JUST BEFORE YOU LEAVE. WITH WE GO BACK TO NOTIFICATION MAP, PLEASE. I WANT TO MAKE SURE THAT I'M CLEAR AND I'M SPEAKING THE RIGHT WAY. ON THIS MAP, WHERE DO YOU GUYS -- CAN YOU IDENTIFY YOUR PROPERTY FOR. YEAR 5025KENYAN ROCK. RIGHT HERE. >> OKAY. NOW STAFF HELP ME. 300 FEET NOTIFICATION? >> 200 FEET NOTIFICATION. BY STATE LAW, STAFF HELP ME HERE. WE'RE REQUIRED TO NOTIFY WITHIN 200 FEET THAT CIRCLE THAT THEY'VE DRAWN. THAT IS THE NOTIFICATION ZONE OF THE BUFFER OR WHEREVER. THAT IS EXTENT OF THE STATE LAW. WHEN IT COMES TO NOTIFICATIONS. ANYTHING OUTSIDE OF THAT, STAFF HELP ME BECAUSE I'M HURTING MYSELF HERE. THAT'S OUTSIDE OF THE NOTIFICATION. THAT'S WHY YOU GOT LETTER THAT YOU GOT BECAUSE YOUR PROPERTY WITHIN THAT 200-FOOT BUFFER. >> I DID GOOD. MA'AM I WANTED TO GIVE YOU THE REASON THAT YOU KNOW MAYBE SOME OF THE NEIGHBORHOOD YOU CALLED WEREN'T HERE. THEY ARE PERHAPS OUTSIDE OF THIS 200-FOOT. >> STILL THEY HAVE TO GO DOWN RIGHT THERE. DOWN CLACK INTO SAMS TO GET INTO THEIR HOME. THAT'S AN EYESORE. AND THEN THE PEOPLE THAT LIVE BY US AS I STATED IN THE LETTER, IT DOES NOT SAY WHAT ACTUALLY WAS GOING THERE. PEOPLE UNDERSTAND THAT WILL BE DEVELOPED. NOT AS A BODY SHOP WITH WRECKED CAR AND TOW TRUCKS AND ALL OF THAT COMING IN THERE. >> UNDERSTOOD. >> AND ALSO NOT TO ARGUE WITH YOU. >> I'M JUST TRYING TO GIVE YOU THE INFORMATION. >> THANK YOU. THE NOISE. THAT'S GOING TO TRAVEL FOREVER. >> I UNDERSTAND. THANK YOU. MAY I SPEAK. I ASKED FOR HELP. >> THE LETTERS WE SEND OUT FROM STAFF TALK ABOUT THE NATURE OF THE ZONING. THOSE THINGS ARE NEVER A DONE DEAL UNTIL WE GO THROUGH SIGHT PLANNING PROCESS AS WELL. IN THE REZONING IT IS NOT SOMETHING THAT WE CAN PUT OUT TO THE PUBLIC. I CAN GO BACK TO LATER SLIDE THAT TALKS ABOUT THE USES OF GENERAL COMMERCIAL MAINLY BECAUSE THE USES THAT WE'RE TALKING ABOUT ARE THE PARTS THAT WHEN THEY GET THE LETTER IT SAYS I'M REZONING TO GENERAL COMMERCIAL, THESE ARE ALL OF THE THINGS THAT COULD GO THERE. >> THEY ARE FOUR ANY OF THOSE THINGS. HERE'S THE USES THAT GO IN TRIANGLE. AND WE HAD HAVE CONVERSATIONS ABOUT WHAT THE PROPOSED USE IS. BUT WE ARE REALLY FAR FROM THAT. AND THE FACT THAT WE HAVE TO ZONE NOW AND DECEMBER THIRD WOULD BE FINAL VOTE. MEMORIAL IS STILL PLANNED IN OUR THOROUGHFARE PLAN TO GO FROM WHERE IT IS STRAIGHT THROUGH THE CLACK. I WILL GET THERE. HERE SIT. THEY HAVE FUTURE FOR THIS. [01:25:01] MOVES THAT SECTION OF THE THOROUGHFARE. DOESN'T CONNECT ALL THE WAY TO CLACK. IT KIND OF TAKES A RIGHTISM TURN ON THAT SUBJECT PROPERTY INSTEAD OF GOING ON THE FIVE-LANE ROAD BETWEEN THOSE HOMES AS WELL. >> OKAY. THAT IS A FURTHER CONVERSATION THAT WE'RE HAVING. THAT YOU WOULD SEE IN THE PLATTING PROCESS. >> OKAY. THANK YOU. >> ANYONE ELSE CARE TO SPEAK TO THIS ITEM? >> YES, SIR. >> I WOULD THROUGHING TO SPEECH TO THE ADJACENT PROPERTY OWNER CERTAINS. ONE ABOUT THE PROPERTY VALUE. I THINK WITH THE FUTURE THOROUGHFARE PLAN AND LAND USE OPENING UP THIS PROPERTY COULD REALLY BE AN ASSET TO THE COMMUNITY AND INCREASE PROPERTY VALUES IN THIS AREA. AS FAR AS CONCERNED ABOUT NOISE. WHAT WE'RE PROPOSE SING A CALIBER COLLISION. IT'S A PREMIER AUTO BODY SHOP BRAND. WE'RE WORK IS DONE INDOORS DURING BUSINESS HOURS. SO I JUST WOULD LIKE TO POINT THAT OUT. >> THANK YOU, SIR. >> ANYONE ELSE CARE TO SPEAK TO THIS ITEM? >> YES, SIR. >> MY NAME THE DON WHITEHEAD. I ANOTHER INTERESTING THING I WAS INTERESTED IN HEARING ABOUT MEMORIAL. WE DEVELOPED THE LAND SOUTH OF HERE. SOME OF YOU ALL KNOW ABOUT IT. AND WHENEVER WE DEVELOPED IT, THE WORD FROM THIS CITY THAT MEMORIAL EVENTUALLY WE GO THROUGH AND IT WOULD BARE PROBABLY SOME CITY PARTICIPATION AND SOME DEVELOPMENT PARTICIPATION IN THAT TWO TRACKS NORTH OF OUR TRACK. I WANT TO SAY, I'M A FAN OF CALIBER. I HAD -- WHEN I WAS IN MIDLAND, I HAD THE LARGEST BODY SHOP IN WEST TEXAS FOR 13 YEARS. AND I'M VERY FAMILIAR WITH THAT. AND SOME OF THE NOISE CONCERNS, I CAN ADDRESS FOR YOU. BECAUSE WE DID THAT. IN OUR SHOP. OUR SHOP WAS LOCATED IN MORE OR LESS INDUSTRIAL AREA. BUT IT WASN'T ANYWHERE CLOSE TO RESIDENTIAL HOUSES. WE HAVE ADVOCATE GENERAL COMMERCIAL. WE HAD YOU KNOW RESPONDED TO ONE OF OUR TRACKS THAT WE HAVE TONY REPRESENTED US ON THE TRACK THAT YOU WILL ALL GET TO TALK SOME MORE GENERAL CONDITIONS OR CONDITION USE PERMIT. THE ROAD THERE THE POTENTIAL ROAD UNDER THE STRIP, IS KIND OF INTERESTING THAT WE KIND OF USE THAT IN THIS IMPLICATION AS BARRIER OR SET BACK HERE. IT HASN'T NECESSARILY BEEN THE CASE WITH THAT. I THINK THAT SOMETHINGS AS GOOD. I THINK CALIBER WOULD BE A GREAT ASSET TO HAVE. I DON'T KNOW THIS PARTICULAR SITE WITH THE RESIDENTIAL IS APPROPRIATE FOR IT. THAT'S YOU ALL JOB AND IF CITY COUNCIL. I'M JUST SAYING SOMEONE THAT USED TO LIVE THERE. PRETTY CLOSE, OUTSIDE YOUR 200-FOOT, THAT I HAVE -- I HAVE 64 LOTS. WE HAD COMMITMENT THAT WE MADE TO RESIDENTS THAT AT SOME POINT IN TIME THAT ROAD WOULD TIE IN SOME WAY SO THEY WOULDN'T HAVE TO EVERY TIME THEY COME HOME NEGOTIATE THE TRACK THAT CAME IN AROUND SAMS AND WHATEVER HAPPENS NORTH OF SAMS. WHICH WE HOPE THAT IT WILL BE SOMETHING NICE. WE HAVE BEEN VERY DILIGENT ABOUT WHAT WE HAVE ALLOWED TO DO THERE AND WHAT WE PURSUED. AND WE WILL DO THAT. WE ACTUALLY TOOK PROPERTY THAT WAS ZONED INDUSTRIAL AND DOWNGRADED IT TO GENERAL RETAIL. AND GENERAL RETAIL IS YOU KNOW [01:30:01] YOU COULDN'T DO THIS IN RETAIL. THEY WOULD HAVE HAD TO HAVE REZONING IF THEY COME TO US. AND WE NEVER HAD CONVERSATION. I WILL SHARE MY SAME SOUR GRAPES A THABET. I'M JUST TELLING YOU AS RESIDENT OF ABILENE, I LIKE THE USE NOT HERE. I LIKE THE STREET. THERE'S ACTUALLY A BETTER BARRIER THERE. THERE'S 100-FOOT RIGHT-OF-WAY THE CITY OWNS, AND THEN JUST EAST OF THAT THERE'S 100-FOOT ELECTRICAL TRANSMISSION LINE THAT PROVIDES ANOTHER BARRIER. THERE'S -- THERE'S SOME SEPARATION THERE NATURALLY. IF I WAS THEM IT WOULD BE MORE CONCERNED ABOUT ALL THE STUFF UNDERGROUND THERE THAT YOU LOOK HERE. WE'VE BEEN HERE A LONG TIME. ANYWAY, THANK YOU ALL. >> THANK YOU, SIR. >> ANYONE ELSE CARE TO SPEAK TO THIS ITEM. >> IT'S STILL OPEN, COME ON, SIR. >> IF WE THIS WHATEVER AND I DON'T KNOW YOUR TERMS IF THAT IS VOTED IN. AS CERTAIN AREA THAT YOU CAN DO CAR LOTS, ET CETERA WE'VE GOT SHOT IN THE FOOD. I KNOW IT'S GOING TO BE A HARD FIGHT. AND IF WE COULD JUST NOT ALLOW THAT. AGAIN, WE EXPECTED DOCTOR'S OFFICE OR SOMETHING, SOME DAY BUT WE DIDN'T KNOW. I KNOW THIS GENTLEMAN IT WILL BE CERTAIN BUILDINGS. YOU CAN HEAR IMPACT RANGES A LONG WAY. AGAIN WE WOULD LIKE TO PUT A STOP ON IT. ON THAT PARTICULAR BILL NOW IF POSSIBLE. AND AGAIN WE WILL BRING PLENTY OF NEIGHBORS UP HERE IF THAT'S -- YOU ALL NEED TO HEAR TO ARGUE THE SITUATION. >> THE PROCESS FROM HERE. LIT GO TO CITY COUNCIL. THAT WILL BE THE NEXT STOP. FROM HERE. WHETHER WE SAY YEA OR NAY. IT WILL GO UP TO CITY COUNCIL. THAT WILL BE YOUR NEXT -- THAT WILL BE NEXT STOP. >> OKAY. JUST WANTED TO LET YOU KNOW THE PROCESS. . >> THANK YOU. THANK YOU. >> I WILL CLOSE THE PUBLIC HEARING. DISCUSSION FROM THE COMMISSION? >> 4709 OWNED BY THE CITY? >> YES. THAT'S 100 FOOT RIGHT-OF-WAY PLANNED FOR MEMORIAL DRIVE AND IT IS REMAIN HOWEVER 4709. MR. WHITEHEAD WAS TALKING ABOUT THE OTHER SIDE OF THAT. AS OF RIGHT NOW THAT IS THAT'S NOT BEEN PLATTED TO BE A ROADWAY. IT'S PART OF THOROUGHFARE PLANE. ANY DEVELOPMENT WHATSOEVER WILL HAVE TO ADDRESS THAT ARTERIAL. >> ON GC HOW DOES THE -- HOW WOULD BUFFER BE SEEN WITH THAT. BECAUSE OF THE ABOUT 4709. THERE WOULD BE BUFFER. BUFFER BETWEEN THERE. HOW IN RELATIONSHIP TO THAT. 100 FOOT BUFFER IS WHEN IT COMES DOWN TO PLATTING PROCESS AND ALSO SITE PLANS WE CAN SAY OPAQUE FENCING AND LANDSCAPING TO OFFER THAT VISUAL BUFFER BETWEEN THE HOUSES AND -- BUT THERE'S 100 FEET AND THEN THEIR PROPERTY LINE AND THEN THEIR SET BACKS BEFORE THEY WOULD HAVE A BILLING. >> RIGHT. >> IT'S ALREADY GOING TO BE GREATER THAN 100 -- THERE'S NOT A BUFFER REQUIRED BETWEEN 4709, THAT YOU SEE. >> NO. >> THERE WOULD NOT BE BUFFER REQUIREMENT THERE. >> NO. THERE WILL BE A BUFFER. OKAY. IT DOES REQUIRE BUFFER. I'M NOT SURE IF 100 FEET. >> OKAY. >> FIRST OF ALL THE EASEMENT FOR ELECTRIC POWER TRANSMISSION THIS PART OF THE WORLD ACTUALLY EXTENDS THROUGH THE FRONT YARDS OF HOMES ALONG CANYON ROAD. IT SWITCHES FROM A FEE SIMPLE RIGHT-OF-WAY OWNED BY AEP TO EASEMENT. >> MAYBE I'M GOING TOO FAR. >> IN DIRECT ANSWER TO YOUR QUESTION, A LOT DEPENDS ON THE SEQUENCING OF THINGS. RIGHT NOW THAT 100-FOOT WIDE STRIP OF LAND IS JUST THAT. IT'S NOT A STREET RIGHT-OF-WAY. [01:35:05] >> LET ME REPHRASE MY QUESTION. >> RIGHT NOW IF THEY WANTED TO BUILD CALIBER COLLISION A BUFFER WOULD BE REQUIRED. IF THAT BECOMES STREET RIGHT-OF-WAY. A BUFFER WOULD NOT BE REQUIRED. >> OKAY. ANSWER TO YOUR QUESTION DEPENDS UPON THE TIMING AND SEQUENCING OF EVENTS. >> OKAY. YEAH. THIS REALLY HAS NO BAIERING EITHER. DID WE PICK GENERAL COMMERCIAL OVER RETAIL BECAUSE OF THE TIME. YOU COULD HAVE AUTOMOBILE MINOR IN GENERAL RETAIL. >> >> WITH WOULD THIS BE CONSIDERED MINOR OR MAJOR AUTOMOBILE REPAIR? >> I WOULD CONSIDER IT MAJOR AUTOMOBILE. >> DEFINITELY MAJOR ALL MOTIVE REPAIR. MINOR AUTOMOTIVE REPAIR IS REPAIR THAT'S TYPICALLY DONE OR MAINTENANCE THAT'S TYPICALLY DONE WHILE THE CUSTOMER WAITS. CALIBER COLLISION WOULD BE MAJOR AUTOMOTIVE REPAIR NOT ALLOWED IN GR BUT WOULD BE ALLOWED IN GC. >> GOT YOU. >> THANK YOU. >> ANY OTHER DISCUSSION. >> WHAT DOES EVERYONE THINK? >> I HAVE SAME OPINION I HAD WHEN WE DID THE OTHER ONE A MINUTE AGO. GC IS GOING TO BE -- GR EITHER ONE WILL BE WHAT THIS DEVELOP INTO. >> THAT 100-FOOT STRIP DOESN'T HAVE BEARING? >> TO ME IT DOESN'T. I'M LOOKING FOR MORE WHAT WILL GO ON SOUTH CLACK. AND I WILL BE GC OR GR. AND I'M PERFECT I WILL FINE WITH THE GC. >> OKAY. WHERE IS EVERYBODY ELSE AT. WHAT DO YOU THINK GUYS? >> OR I WILL ENTERTAIN A MOTION. >> I WILL MOVE TO APPROVE. MOTION TO APPROVE. DO I HAVE A SECOND? >> I WILL SECOND IT. [9. CUP-2020-08] CARRIES. NEXT ITEM CUP-2020-08 PUBLIC HEARING AND POSSIBLE VOTE TO RECOMMEND APPROVAL OR DENIAL TO THE CITY COUNCIL ON REQUEST OLDHAM PARTNER LP WINDMILL CIRCLE PARTNERS LP AGENT TONY CONDER FOR APPROVAL OF THE CONDITIONAL USE PERMIT ALLOWING RETAIL SALES AND RENTAL OF TRUCKS AND OTHER LARGE VEHICLES AND EQUIPMENT ON 24.37 # ACRES OF A GENERAL COMMERCIAL GC DISTRICT AT 750 GATEWAY STREET AND THE 3600-4700 BLOCKS EAST SIDE OF LOOP 322. LEGAL DESCRIPTION BEING 24.371 ACRES OUT OF THE SOUTHEAST QUARTER OF THE BLIND ASYLUM LANDS SECTION 62 IN ABILENE, TAYLOR, COUNTY, TEXAS. >> AS PREVIOUSLY MENTION IN EARLIER CASE YOU WOULD SEE CONDITIONAL USE PERMIT FOR THE SAME KINDS OF TRACKS OVER LAND THAT WE WERE HAVING BEFORE. THIS TRACT OF LANN 24.37 ACRES APPROXIMATELY BORDERING THE ENTIRE NORTH SIDE OF GATEWAY STREET. BETWEEN LOOP 322 ON THE WEST AND OLDAM ON THE EAST. ALL THE ACREAGE SECTION 62 AND INSIDE ARE CITY LIMITS. OUR PROPONENTS OWN THE 24.371 ACRE COMPRISING THE PROBLEMS MAYBE SOUTH HALF OF LARGER TRIANGLE BLOCK FOUNDED BY LOOP 322OLDAM LANE AND GATEWAY STREET. CURRENTLY THE ZONING WHAT YOU SEE HERE. THE BLACK CROSS HATCHED SECTION IS WHAT THEY SEEK TO CUP FOR. IN PREVIOUS CASE YOU APPROVED REZONING OF THE NEIGHBORHOOD RETAIL AND THE GENERAL RETAIL AREA THAT IS IN THAT CROSS HATCH SECTION. THEY ARE ASKING FOR A CUP AT THIS POINT IN TIME FOR THAT ENTIRE SECTION RIGHT THERE AT THAT -- THAT IS NOW TO BE REZONED GENERAL COMMERCIAL. AND THEY ARE ASKING FOR THE LARGE STORAGE THE RETAIL SALE AND RENTAL TRUCKS AND OTHER LARGE VEHICLES IN THAT GENERAL [01:40:08] COMMERCIAL AREA. AGAIN HERE ARE THE USES FOR THE GENERAL COMMERCIAL AREAS IN THAT RED SECTION RIGHT THERE. IT SHOWS THAT YOU DO NEED A CONDITIONAL USE PERMIT FOR THE SALES OF AND RENTAL OF OTHER LARGE VEHICLES AND EQUIPMENT. HERE'S THE PHOTOS OF THE PROPERTY AGAIN. THE SECTION OF THERE IN THE LEFT HAND THE TOP LEFT HAND CORNER SHOWS AERIAL PHOTOS THAT ARE RESIDENCES TO THE RIGHT AND TO ALSO TO THE SOUTH. AND THEN YOU CAN SEE THE PHOTOS OF BOTH RESIDENTIAL AREAS AND THEN THE SUBJECT PROPERTY LOOKING ACROSS THE PROPERTY EAST. THIS IS GRAPHIC CONCEPT PLAN OR THE PROPOSED SITE PLAN THAT WE HAVE RECEIVED. IS ONE OF THEM. THEY HAVE NOW ENCOMPASSED THE ENTIRE AREA THERE'S LIKE A LITTLE LINE YOU CAN SEE WHERE IT GOES ALL THE WAY ACROSS AND AS OF RIGHT NOW THIS IS WHAT IS PROPOSED. AS THE SITE PLAN GOES. HOWEVER, IN CONDITIONS FOR STAFF WE HAVE CONDITIONS ALLOWING ONLY UP TO 50 FEET UP TO THE PROPERTY LINE. 50ED FEET WHERE THEY WOULD BE ALLOWED TO STORE THE LARGE VEHICLES ON THE NEIGHBORHOOD RETAIL SIDE AND THE GENERAL RETAIL SIDE THAT WE PREVIOUSLY ZONED. >> THE SOUTH AND EAST SIDE OF THE PROPERTY. EVERYTHING FACING THAT LOOP 322 WOULD ALLOW THE STORAGE AND DISPLAY OF THE LARGE VEHICLES IF APPROVED WITH THIS CONDITIONAL USE PERMIT. >> THEY ARE TO PROVIDE SCREENING BY MEANS OF OPAQUE WALL OVER FENCE FROM LESS THAN TINTED ZONING DISTRICT MEANING TO THE SOUTH AND ALSO TO THE EAST. TO INCLUDE THE RIGHT OF WAY. AND ADHERE TO ANY IMPROVEMENT STANDARD THAT LAND DEVELOPMENT CODE HAS INCLUDING BUT NOT LIMITED TO LANDSCAPING DIRECTLY EXTERIOR ELIMINATION OUTDOOR STORAGE AND DISPLAY THAT ARE ALLOWED WITHIN GC ZONING. >> WE MEET AS STAFF FEEDED TO UPDATE THIS WOULD HAVE BEEN THE CUPMENT. I'M SORRY TO THAT. WE DID HAVE SLIGHT CHANGE IN THIS PROCESS ALL THE WAY UP UNTIL YESTERDAY. STAFF SENT OUT NOTIFICATIONS AND WE RECEIVED TWO OPPOSED AND TWO IN FAVOR. WE FOUND THIS CONSISTENT WITH COMPREHENSIVE LAND USE DEVELOPMENT PLAN MAP FOR COMPREHENSIVE PLAN AND REVIEWED PURSUANT SECTION 1.4.3.5 LAND DEVELOPING CODE FOR APPROVAL FOR CUP'S AND WE RECOMMEND APPROVAL WITH THE CONDITIONS. >> ANY QUESTIONS? >> REALLY THERE WERE TWO CONDITIONS ONE OPAQUE FENCE AND THE OTHER A 50-FOOT BUFFER. YES. >> OKAY. BECAUSE ALL OF THE OTHER CONDITIONS THAT GO ALONG WITH GC AS FAR AS SIDEWALKS AND LANDSCAPING AND EVERYTHING ALL OF THAT IS STILL THERE. 82 YES. >> IT'S IN ADDITION TO THAT. >> OKAY. ANY OTHER QUESTIONS? >> BECAUSE REAR DEALING WITH LARGE VEHICLES NOT JUST STANDARD SIZE VEHICLES. ARE THERE ANY OTHER ADJUSTENTS IN THAT OPAQUE BARRIER HEIGHT TO VISUALLY BLOCK ANY OF THAT? >> WE COULD YOU COULD ASK FOR SOMETHING THAT WAS UP TO -- UP TO EIGHT FEET. IS THAT CORRECT? >> TEN FEET IN GC. IT'S TEN FEET. TEN-FOOT FENCE IN GC THAT COULD BE REQUIRED IN THE CUP. TO CREATE THAT VISUAL BARRIER FROM ACROSS THE STREET FROM RF-6 # HOUSES AND THEN ALSO FROM THE ME MEDIUM DENSITY HOUSES TO THE SOUTH. >> THEY JUST CHECKED THEIR BOX. >> ANY OTHER QUESTIONS? >> THANK YOU. >> I WILL OPEN THE PUBLIC HEARING. ANYONE CARE TO SPEAK TO THIS ITEM PLEASE COME FORWARD? >> >> TONY CONDER PROPONENT FOR 4150 SOUTHWEST DRIVE. [01:45:01] I WOULD LIKE TO SAY WE TRIED TO WORK VERY DILIGENTLY IN I'M VERY COMPLIMENTARY OF CITY LEADERSHIP AND STAFF TO HELP DEVELOP THE CONDITIONAL USE RESTRICTIONS. THE 50-FOOT BARRIER IN THE OPAQUE FENCING SEEMS TO ACCOMPLISH WHAT EVERYBODY WAS TRYING TO GET TO. TO THAT END, I THINK WE'VE EXHIBITED GOOD FAITH TO TRY TO MAKE THAT HAPPEN. BUT IT WOULD BE HAPPY TO ANSWER ANY QUESTIONS OR ADDRESS ANY ISSUES. TEN-FOOT MENTIONED WE WERE KICKING AROUND. WAS -- WAS THAT NEW INFORMATION FOR YOU? SIR? >> THAT'S NEW INFORMATION. TO ME. OUR DISCUSSION HAVE BEEN LIMITED TO JUST OPAQUE FENCING. THERE WERE NO HEIGHTS DISCUSSED. IF I'M A HOMEOWNER, A TEN-FOOT FENCE AS I PULL ON TO A STREET IS PROBABLY MORE OBTRUSIVE. >>EN THOUGH THE INTENT IS DESIGNED TO SHIELD. >> LET'S THINK THROUGH THAT FOR A MOMENT. IN I'M A HOMEOWNER SOUTH OF THE DEVELOPMENT TO THE EAST. I HAVE A FOUR-LANE STATE HIGHWAY IN FRONT OF MY HOUSE. NOW I HAVE A 50-FOOT BARRIER THAT IS LANDSCAPING, SIDEWALK, ET CETERA. AND THEN I HAVE THIS BUSINESS BACK BEHIND THAT. THAT SEEMS TO BE MORE THAN ADEQUATE. IF YOU LOOK AT THE HOMES TO THE SOUTH, THERE'S A TWO-LANE BOULEVARD, ARTERIAL. THERE'S THROUGH ABOUT 90% OF THAT THERE'S A DETENTION AREA THAT ENCOMPASSES ANOTHER 100 FEET BEFORE YOU GET TO BACKYARD OF THE HOMES. HAVING THAT 50 FOOT AGAIN DOES A PRETTY GOOD JOB OF ALLEVIATING ANY DISTURBANCE TO HOMEOWNERS. >> I WANT TO GET YOUR REASONING. KIND OF WHAT YOU THOUGHT. >> ANY OTHER QUESTIONS? >> THANK YOU, SIR. >> THANK YOU. >> ANYONE ELSE CARE TO SPEAK TO THIS ITEM? >> SEEING NO ONE. I WILL CLOSE THE PUBLIC HEARING. DISCUSSION FROM THE COMMISSION? >> OR A POSSIBLE MOTION? >> WHAT DO WE THINK? >> I WILL MAKE MOTION TO APPROVE. >> I HAVE A MOTION TO A PROVE. >> MOTION AND A SECOND. [10. OAM-2020-02] CARRIES. NEXT ITEM OAH-2020-02. PUBLIC HEARING AND POSSIBLE VOTE TO RECOMMEND APPROVAL OR DENIAL TO CITY COUNCIL ON PROPOSED ORDINANCE REPIERL ORBEDNANCE NUMBER 35-2017 AND REPLACING THE PROVISIONS OF THAT ORDINANCE WITH ALTERNATIVE AMENDMENTS TO THE LAND DEVELOPMENT CODE OF THE ABILENE CITY CODE, SPECIFICALLY ADDRESSING MULTIPLE-FAMILY DWELLINGS IN CERTAIN AS WELL AS CLARIFYING TERMS AND CONDITIONS FOR MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT ALLOWED IN NONRESIDENTIAL ZONING DISTRICTS. >> THANK YOU, MR. CHAIRMAN. MY NAME IS BRAD STONE. I WORK WITH THE CITY PLANNING STAFF. I WILL BE PRESENT THING DRAFT ORDINANCE TODAY AMENDING CERTAIN ZONING REGULATIONS. THIS DRAFT ORDINANCE IS PRESENTED AS SOMETHING OF A NYE WHAT WE BRIEF TO BE CITY E - COUNCIL INTENT BACK IN 2017 IN REQUIRING APPROVAL OF A CONDITIONAL USE PERMIT TO CONSTRUCT MULTIPLE FAMILY DWELLINGS IN SIX NONRESIDENTIAL ZONING DISTRICTS. THAT IS IN THE GENERAL RETAIL ZONING DISTRICT, THE NEIGHBORHOOD RETAIL ZONING DISTRICT, THE MEDICAL USE DISTRICT, THE MIXED USE DISTRICT. THE NEIGHBORHOOD OFFICE DISTRICT. AND THE OFFICE ZONING DISTRICT. AS SOME OF YOU MAY RECALL, BEFORE 2017, MULTIPLE FAMILY DWELLING WERE AUTOMATICALLY OR ROUTINELY ALLOWED IN ALL OF THESE SIX NONRESIDENTIAL ZONING DISTRICTS. THE CITY COUNCIL CHANGED THEIR MIND ABOUT THIS. AND DECIDED THAT IN THESE SIX [01:50:03] NONRESIDENTIAL ZONING DISTRICTS THE ONE THAT I JUST LISTED. THAT MULTIPLE FAMILY DWELLING SHOULD BE ALLOWED ONLY WITH CITY COUNCIL SPECIFIC APATROL OF A CONDITIONAL USE PERMIT. AND BY DEFINITION I WOULD REITERATE THAT MULTIPLE FAMILY DWELLINGS IS ANY BUILDING WITHIN WHICH ARE LOCATED THREE OR MORE DWELLING UNITS. TWO DWELLING UNITS WOULD BE A TWO-FAMILY DWELLING. ONE DWELLING UNIT WOULD OF COURSE BE A SINGLE FAMILY DWELLING. BUT IF YOU HAVE THREE OR MORE, DWELLING UNITS IN THE SINGLE BUILDING IT'S A MULTIPLE FAMILY DWELLING. SPECIFICALLY MODIFICATIONS INCLUDE A CHANGE TO TABLE 2-4 AND THIS TABLE SOME RISES SITE LAYOUT AND BUILDING REQUIREMENTS FOR ALL NONRESIDENTIAL ZONING DISTRICTS. SPECIFICALLY, IN THE MIXED USE OR MX-ZONING DISTRICT, THE APPLICABLE STANDARD FOR RESIDENTIAL DEVELOPMENT IS SPECIFICALLY LIMITED TO THE SAME STANDARDS ORDINARILY APOLPLICAB IN THE MD RESIDENTIAL ZONING DISTRICT. AGAIN I WOULD MENTION THAT THE MIXED USE RESIDENTIAL DISTRICT ARE EXCUSE ME THE MIXED USE ZONING DISTRICT AS THE NAME IMPLIES IT'S INTENDED TO FIND SOME COMPATIBLE ARRANGEMENTS OF RESIDENTIAL AND NONRESIDENTIAL USES. ANOTHER ASPECT OF THIS SAME ORDINANCE REITERATES IN A SEPARATE SECTION THE SAME RESIDENTIAL DENSITY LIMITS IN MX ZONING DISTRICTS. THE FINAL STATEMENT IN THIS DRAFT ORBEDNANCE AT THE BOTTOM OF THE SLIDE STIPULATES THAT IN ALL OTHER COMMERCIAL ZONING DISTRICTS WHERE MULTIPLE FAMILY DWELLINGS ARE ALLOWED. APPLICABLE DENSITY STANDARD ARE THE SAME AS THOSE IN THE MF OR MULTIPLE FAMILY RESIDENTIAL ZONING DISTRICT. I MIGHT ALSO MENTION THAT IN THAT IN THE MD ZONING DISTRICT, THE MAXIMUM ALLOWABLE DENSITY IS 12 UNITS PER ACRE. IN THE MULTIPLE FAMILY RESIDENTIAL DISTRICT THE MAXIMUM ALLOWABLE DENSITY IS 24 UNITS PER ACRE. AND I MIGHT ALSO REITERATE AS A FINAL NOTE THAT THERE ARE STILL TWO NONRESIDENTIAL ZONING DISTRICTS THE COLLEGE UNIVERSITY AND CENTRAL BUSINESS ZONING DISTRICT WHERE MULTIPLE FAMILY DWELLINGS ARE ALLOWED ROUTINELY THAT IS BY RIGHT. IT WOULD BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE ABOUT THIS ORDINANCE. >> ANY QUESTIONS? >> THANK YOU, SIR. >> YOUR WELCOME. >> I WILL OPEN THE PUBLIC HEARING. ANYONE CARE TO SPEAK TO THIS ITEM. PLEASE COME FORWARD. >> STANLEY SMITH. I WANT TO BRIEFLY MAKE YOUR AWARE THIS IS NOT REPEAL OR REPLACEMENT OF PREVIOUS ORDINANCE MORE OF AMENDMENT. I BELIEVE THAT AMENDMENT IS ACTUALLY IN THE PACKET. I ALSO WANT TO ADDRESS THE QUESTION LAST TIME ABOUT THE PRIOR ORNANCED TO BEING IN THE PUBLIC FRANKLIN PORTAL. IT IS IN THERE NOW. THANK YOU. I WILL GO AHEAD AND CLOSE THE PUBLIC HEARING. DISCUSSION FROM THE COMMISSION? OR A POSSIBLE MOTION. LOOKS LIKE WE'RE JUST CLEANING UP. YEAH WHAT PROMPTED THE CLEANUP? WHAT PROMPTED THIS? DID SOMETHING COME UP? >> I HAVE TO TEACH A CLASS AT 3:30. >> WILL YOU STILL HAVE QUORUM. >> AS HAS BEEN MENTIONED, THE IDENTIFICATION OF CONDITIONAL USE PERMIT WAS REQUIRED IN THE RESIDENTIAL DISTRICT FAILED TO BE INCLUDED IN FRANKLIN AS APPEARS ONLINE. THAT WAS THE FIRST THING THAT BROUGHT BROUGHT TO OUR ATTENTION. THEN WHEN WE LOOKED AT IT THERE WERE SOME ASPECTS SOME OTHER TEXT-RELATED ASPECTS OF THAT 2017 ORDINANCE THAT WERE ALSO NOT INCLUDED BECAUSE QUITE FRANKLY THEY WERE NONSENSE. WE DECIDED TO INSERT SOME LANGUAGE AS AN ALTERNATIVE WE WE [01:55:06] BELIEVE DO MAKE SENSE AND IS CONSISTENT WITH STATEMENTS ELSEWHERE IN THE ZONING REGULARATION. I'M IN FAVOR OF GETTING RID OF NONSENSE. >> THAT'S WHAT THE WORLD NEEDS. >> A LOT LESS NONSENSE. >> ANY OTHER DISCUSSION FROM THE COMMISSION? >> I WILL MOVE TO APPROVE. >> MOTION TO APPROVE. DO I HAVE A SECOND. >> SECOND. >> AND A SECOND. >> THE MOTION CARRIES. DIRECTOR REPORT PLEASE. [DIRECTORS REPORT] >> GOOD AFTERNOON. DIRECTOR OF PLANNING. YOU HAVE IN YOUR PACKETS THE DIRECTOR REPORT. I BELIEVE IT HAS TWO ITEMS THAT WE'RE HEARD BY COUNCIL BACK IN OCTOBER. BOTH OF THOSE ITEMS WERE APPROVED ONE BY RISK FOR PROPERTY SINGLE FAMILY HOME THAT WAS IN GENERAL COMMERCIAL ZONING, AND THAT WAS REZONED TO A ZONING DISTRICT THAT WOULD PERMIT THAT USE BY RIGHT AND ALSO THE COFFEE USE PERMIT AT BIG COUNTRY COFFEE. >> AND COUNCIL DID FOLLOW YOUR RECOMMENDATION. THANK YOU VERY MUCH. >> THANK YOU. >> ANY * This transcript was compiled from uncorrected Closed Captioning.