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Commission approves properly noticed parcel for Windmill Circle rezoning; second parcel pulled after notice error
Summary
A notice error on a Windmill Circle rezoning forced the commission to pull one parcel from consideration; the commission approved only the parcel properly listed on the agenda and directed staff to re-notice and bring the remaining parcel back for a February hearing to accommodate the buyer’s closing schedule where possible.
A procedural notice error led the Abilene Planning & Zoning Commission to limit action on a rezoning request for property on Windmill Circle, approving only the parcel that had been properly listed on the meeting agenda and directing staff to re-notice the remaining parcel for a future hearing.
Planner Clarissa Ivy presented KZ202604 on behalf of Windmill Circle Apartments LLC and agent Clint Rosenbaum, describing a request to change acreage from general retail to light industrial for use by a mail-order pharmacy tenant. Rosenbaum told the commission the property is effectively about 7 acres but the published packet and agenda listed only 3.23 acres; staff confirmed a second newspaper notice and some mailed notices existed but the printed agenda outside the chamber listed only the smaller acreage.
Planning staff (Kelly) advised commissioners that one parcel had not been properly listed on the agenda, which creates insufficient notice for action on that parcel. The commission recessed to allow staff to review and, upon return, agreed it could act only on the parcel that was on the agenda and would bring the other parcel back at a future meeting once properly noticed.
Buyer representative Eric Johnson said the buyer is under contract and the feasibility period ends Feb. 15 with a target closing on or before March 2; staff said an expedited council schedule (first read and final read two weeks apart) could allow the buyer to meet the contract timeline if the second parcel is fast-tracked after re-noticing. The commission approved the properly noticed portion of the request and scheduled the remainder to return following corrected notice.
