Planning & Zoning Commission

AGENDA PLANNING AND ZONING COMMISSION COUNCIL CHAMBER MARCH 3, 2022 1:30 P.M. 1. CASE FILE NO. 2022-02-Z Open a public hearing to consider approval of the original zoning request by Joshua Olliff, owner for Retail (R) on a 1.11 acre tract in Section 8, Block 41, T-2- S, T&P RR Co. Survey, City of Odessa, Ector County, Texas (southeast of the intersection of NE Loop 338 and E. 56th St.) 2. CASE FILE NO. 2022-05-P Consider approval of the short form plat of Jojo Olliff Addition, being an approximately 2.93 acre tract in Section 8, Block 41, T-2-S, T&P RR Co. Survey, City of Odessa, Ector County, Texas (southeast of the intersection of NE Loop 338 and E. 56th St.) 3. CASE FILE NO. 2022-07-P Consider approval of the preliminary plat of Sagebrush Springs Addition, being a 20.93-acre tract of land situated in the West Half of Section 8, Block 41, T-2-S, T & P RW Co. Survey, City of Odessa, Ector County, Texas (northeast of the intersection of Arroyo Rd. and NE Loop 338) 4. CASE FILE NO. 2022-04-P (ETJ) Consider approval of the final plat of Reyes Estates, being a 6.71 acre tract in Section 13, Block 43, T-2-S, T&P RY. Co. Survey, Ector County, Texas (southwest of the intersection of W. Blair St. and N. Westgate Ave.) 5. Other business 6. Adjourn TO: PLANNING AND ZONING COMMISSION FROM: LORRINE QUIMIRO, PLANNING MANAGER SUBJECT: CASE FILE NO. 2022-02-Z APPLICANT: Joshua Olliff, owner Newton Engineering, consultant REQUEST: Original zoning of Retail (R) PROPERTY INVOLVED: a 1.11 acre tract in Section 8, Block 41, T-2-S, T&P RR Co. Survey, City of Odessa, Ector County, Texas (southeast of the intersection of NE Loop 338 and E. 56th St.) Due to inclement weather this request was postponed from the February 3, 2022 Planning and Zoning Commission meeting. The property involved in this request is located southeast of the intersection of NE Loop 338 and E. 56th St. The site is within the City of Odessa and currently has a Future Development (FD) designation and is vacant. Land use in the area consists of vacant land to the north, south and west, and commercial development to the east. The applicant is Joshua Olliff, owner, Newton Engineering, agent, and the purpose of the request is to establish zoning for retail development. Using the City’s identified priorities contained in the City of Odessa’s Comprehensive Plan to evaluate zoning amendments the following comments are offered: Comprehensiveness: The proposed original zone request is not contrary to the established land uses in the general area or the land use plan of the City of Odessa’s Master Plan. Livability: The proposed original zoning would not have a negative impact on this site or surrounding properties. The proposed retail development is not out of line with the existing retail development in the area. Reasonableness: The proposed original zoning will be in line with existing zoning directly to the north allowing the lot to have one single zoning designation. Based upon the preceding analysis, Staff recommends approval of the request. Information in order of inclusion: --Area zoning/notification map --List of uses allowed in a Retail (R) Zoning District  RETAIL The following uses are allowed in the Retail (R) District: PRIMARY RESIDENTIAL USES (14-2-2.1) Single Family Dwelling Detached Single Family Dwelling Attached Two-Family Dwelling (Duplex) Three or Four Family Dwelling Multiple-Family Dwelling (Apartment) Residence Home for the Elderly Mobile or HUD-Manufactured Home Dwelling RV Park Housing, Special Arrangement and Types Hotel or Motel ACCESSORY AND INCIDENTAL USES (14-2-2.2) Accessory Building or Use (Residential) Accessory Building or Use (Business or Industry) Beauty Shop -- One Chair Accessory Use Garage or Estate Sale Accessory Use Home Occupation Off-Street Parking Required for Primary Use Off-Street Parking Excess to Minimum Requirement Swimming Pool (Private) Temporary Field Office, Construction Yard or Office (Subject to temporary permit issued by Building Official) UTILITY AND SERVICE USES (14-2-2.3) Electrical Energy Generating Plant (by Specific Use Permit) Electrical Substation (High Voltage Bulk Power) Electrical Transmission Line (High Voltage) Fire Station or Similar Public Safety Building Gas Line and/or Regulating Station Library, Public Local Utility Line Municipal Office Building or City Hall Public Building, Shop or Yard of Local, State or Federal Agency Wireless Communications Systems Radio or Television Transmitting Station Sewage Pumping Station Storm Water Retention Basin or Pumping Station (Retail -- Cont.) Page 2 (Utility and Service Uses -- Cont.) Telephone Business Office Telephone Exchange--Switching, Relay or Transmitting Station Only Utility Shops, Storage Yards or Building (Private) Water Reservoir, Water Well or Pumping Station Water Stand Pipe and Elevated Storage Tank Water Treatment Plant RECREATIONAL AND ENTERTAINMENT USES (14-2-2.4) Amusement, Commercial (Indoor) Country Club (Private) Dance Hall or Night Club (by Specific Use Permit) Golf Course (Commercial) (by Specific Use Permit) Park or Playground (Public) Park or Playground (Other Than Public) Playfield or Stadium (Public) Private Club (by Specific Use Permit) Roller or Ice Skating Rink (by Specific Use Permit) Swim or Tennis Club Swimming Pool or Tennis Complex (Commercial) (by Specific Use Permit) Tavern or Lounge (by Specific Use Permit) Theater or Playhouse (Indoor) EDUCATIONAL, INSTITUTIONAL & SPECIAL USES (14-2-2.5) Art Gallery or Museum Cemetery or Mausoleum (by Specific Use Permit) Church or Rectory College or University Convent or Monastery Day Care Center Fairgrounds or Exhibition Area Fraternal Club or Lodge Home for Senior Citizens or Nursing Home Hospital, Acute Care Hospital, Chronic Care Institution or Center for Alcoholic, Narcotic or Psychiatric Patients Institution of Religious, Charitable or Philanthropic Nature Institutional Out-Patient Medical Clinic (Retail -- Cont.) Page 3 Kindergarten or Nursery School School, Business School, Public or Denominational School, Trade, Technical or Commercial AUTOMOTIVE & TRANSPORTATION RELATED USES (14.2-2.6) Auto Glass, Seat Cover or Muffler Shop Auto Laundry or Car Wash Auto Parts and Accessory Sales (Indoor) Bicycle Sales and Service Gasoline Sales Gasoline or Motor Fuel Service Station Helistop (by Specific Use Permit) New Auto Display and Sales (Indoor) Parking Lot or Structure Commercial (Primary Use) (by Specific Use Permit) Parking Lot or Structure Non-Commercial Railroad Track or Right-of-Way Repair Garage (by Specific Use Permit) RETAIL AND SERVICE TYPE USES (14-2-2.7) Antique Shop Art Supply Store Bakery or Confectionery Shop (Retail) Bank or Savings and Loan Office Book or Stationery Shop Cleaning and Pressing, Small Shop and Pick-Up Clinic, Medical or Dental Custom Personal service Shop Department, Variety or Discount Store Drapery, Needlework, Fabric or Weaving Shop Drug Store or Pharmacy Florist or Garden Shop Food and Beverage Sales Furniture or Appliance Store Greenhouse or Plant Nursery (Retail Sales) Hardware Store Household Appliance Service or Repair Incidental or Accessory Retail or Service Use Key Shop (Retail -- Cont.) Page 4 (Retail and Service Type Uses -- Cont.) Laboratory, Medical or Dental Laundry and Cleaning Shop (Self Service) Medical Appliances and Fitting, Sales or Rental Mortuary or Funeral Home Office, General Business or Professional Pawn Shop Pet Grooming Pet Shop Reprographic Service Restaurant or Cafeteria (Not Drive-In) (With Dining Room) Restaurant or Eating Place (Drive-In Service) Retail Shop, Apparel, Gifts, Accessories and Similar Items Retail Shop or Store (General Items) Sales, Outdoor Temporary Studio -- Decorator, Artist or Photographer Studio, Health, Exercise and Reducing Studio -- Music, Dance or Drama Tool Rental, Domestic, Small Equipment Travel Bureau or Travel Consultant Veterinarian Hospital (Indoor Animal Pens) Veterinarian Office Only (No Animal Pens) SIGN AND IDENTIFICATION USES (14-2-2.8) (see Section 14-10-1) Apartment or Housing Project Identification Sign Apartment or Housing Project Informational Sign Construction Sign Temporary Development Sign Temporary General Business Sign Institutional Identification Sign Institutional Information Sign Name Plate Office Identification Sign Real Estate Sign (Temporary) (Retail -- Cont.) Page 5 COMMERCIAL TYPE USES (14-2-2.9) Building Material and Home Supply Sales (Indoor Storage) Laboratory, Scientific or Research Mini-Warehouse AGRICULTURAL TYPE USES (14-2.2.10) Greenhouse or Nursery (Commercial) NATURAL RESOURCE STORAGE AND EXTRACTION (14-2.2.11) Petroleum or Gas Well (permitted in any district carrying Drill Reservation "DR" suffix subject to Oil and Gas Ordinance) SPECIAL INDUSTRIAL PROCESSES (14-2-2.12) Asphalt or Concrete Batching Plant (Temporary) (by Specific Use Permit) TO: PLANNING AND ZONING COMMISSION FROM: LORRINE QUIMIRO, DIRECTOR OF PLANNING SUBJECT: CASE FILE NO. 2022-05-P APPLICANT: Joshua Olliff, owner Newton Engineering, consultant REQUEST: Short Form Plat PROPERTY INVOLVED: Jojo Olliff Addition, being an approximately 2.93 acre tract in Section 8, Block 41, T-2-S, T&P RR Co. Survey, City of Odessa, Ector County, Texas (southeast of the intersection of NE Loop 338 and E. 56th St.) Due to inclement weather this request was postponed from the February 3, 2022 Planning and Zoning Commission meeting. The property involved in this request is located southeast of the intersection of NE Loop 338 and E. 56th St. The site is within the City of Odessa and is currently zoned Retail (R) and designated Future Development (FD) with an original zoning request of Retail (R) pending. The land is currently vacant. Land use in the area consists of vacant land to the north, south and west, and commercial development to the east. The applicant is Joshua Olliff, owner, Newton Engineering, consultant, and the purpose of the request is to create one (1) lot for retail development. Comments were sent to the consultant for review on January 25, 2022. Staff Comments: -- A Blanket Refuse Collection Easement is noted on the plat. -- Original tax certificates needed prior to filing the plat. -- Water is available. Sewer is not available. No pro rata is due. -- Drainage report has been submitted. This tract is not in a special flood hazard area. -- An Improvements Agreement will not be required. -- A Blanket Refuse Collection Easement Agreement will be required. -- Any work in the right of way or easements will require a permit from the Engineering Division and must comply with current City Ordinances and policies. -- 56th Street on the plat should be East 56th Street. Commission action is requested on the following items: 1. Contact TXDOT for driveway permit for Lot 2. (TxDOT) The following agencies submitted no comments or response with regard to this short form plat: Fire, Legal, Utility Billing and Collection, Parks and Recreation, Utilities Administration, Police, Traffic, Building Inspection, GIS, Cable One, Atmos Energy, ECISD, SBC, PostMaster, El Paso Natural, Oncor, Appraisal District, Grande Communications, and Chevron. Information in order of inclusion: -- Area zoning map -- Copy of proposed short form plat TO: PLANNING AND ZONING COMMISSION FROM: LORRINE QUIMIRO, PLANNING MANAGER SUBJECT: CASE FILE NO. 2022-07-P APPLICANT: Betenbough Homes, owner Maverick, consultant REQUEST: Preliminary Plat PROPERTY INVOLVED: Sagebrush Springs Addition, being a 20.93- acre tract of land situated in the West Half of Section 8, Block 41, T-2-S, T & P RW Co. Survey, City of Odessa, Ector County, Texas (northeast of the intersection of Arroyo Rd. and NE Loop 338) The property involved in this preliminary plat request is located northeast of the intersection of Arroyo Rd. and NE Loop 338. The site is zoned Multiple- Family Residence District-One (MF-1) and is currently vacant. The surrounding land use is largely vacant land with a residence and church abutting the southwest corner of the property. The applicant is Betenbough Homes LLC., owner, and Maverick, consultant and the purpose of the preliminary plat is to create a drainage basin and one hundred and four (104) lots (approx. 3,005-9,046 sq. ft.) for single-family residential development and ownership purposes. Comments were sent to the consultant for review on December 28, 2021. Staff Comments: -- A Blanket Refuse Collection Easement is noted on the plat. -- Original tax certificates needed prior to filing the plat. -- Water and sewer are available for extension. No pro rata is due. -- Drainage report has been submitted. This tract is not in a special flood hazard area. -- An Improvements Agreement will be required. -- Impact Fees will be due at time of building permit issuance and utility connections -- Any work in the right of way or easements will require a permit from the Engineering Division and must comply with current City Ordinances and policies. -- There are no issues with the development of Case File 2022-07-P. Please note there is an active pipeline nearby, however it is approximately 280 feet to the northeast of the development and shouldn't be a risk in regard to construction. -- Recommended minimum driveway spacing for this segment of roadway is 425’. From previous discussions with the consultant and the city, the northern access (Appaloosa Lane) will be an emergency access only with a knox lock. -- Post development runoff/drainage should not exceed pre-development conditions. -- As noted on the plat by Maverick, there is a 33” water transmission pipeline running through the southern portion of this plat. -- CRMWD pipeline and easements carry certain restrictions prohibiting the construction of habitable structures as well as other features designed to protect the pipeline. -- The developer shall determine the amount of cover existing over the pipelines to determine their potential impact on planned improvements -- All proposed crossing utilities must cross under the pipeline with a minimum clearance of two feet and be encased throughout the easement. -- District personnel shall be notified prior to excavation of pipelines or any work on the easement. -- Maverick has provided initial construction plans for review. As of  February 16, 2022 CRMWD has not received the final construction plans for review. Commission action is requested on the following items: 1. “Director of Planning” and Director of Public Works” needs to read as “Director of Development” and “for Director of Public Works” on their respective signature lines. (Planning) 2. Water, sewer, paving and drainage plans need to be submitted for review and acceptance. (Public Works) 3. Add a note: No direct access to E. Loop 338 from Lot 1, Block 1 and Lots 1 through 5, Block 2 Shall be allowed. (Public Works) 3. Need CRMWD review to place drainage flumes and Dutton Lane and water line across their pipeline. (Public Works) 4. Roadways taking access from Loop 338 will be right-in / right-out only. 5. Need signoff from DCP to put a street on their pipeline. (Public Works) 6. Dutton Lane on the plat is identical in name to Dutton Lane in the city of Odessa. Recommendation is for consideration to be given assign Dutton Lane a new, unique street name to avoid any confusion for emergency response teams. (CRMWD) 7. To help ensure the integrity of this pipeline, CRMWD requests that a copy of the proposed construction plans be provided for this property for review. This review will allow CRMWD to the opportunity to provide comments prior to issuance of the final construction plans The following agencies submitted no comments or response with regard to this preliminary plat: Fire, Legal, Utility Billing and Collection, Parks and Recreation, Utilities Administration, Police, Traffic, Building Inspection, Sparklight, Atmos Energy, ECISD, SBC, PostMaster, El Paso Natural, Oncor, Appraisal District, Grande Communications, ConocoPhillips Pipeline Company, and Chevron Information in order of inclusion: -- Area zoning map -- Copy of proposed preliminary plat TO: PLANNING AND ZONING COMMISSION FROM: LORRINE QUIMIRO, PLANNING MANAGER SUBJECT: CASE FILE NO. 2022-04-P(ETJ) APPLICANT: Hugo Urgell Reyes, owner, SW Howell, Inc, consultant REQUEST: Final Plat PROPERTY INVOLVED: Reyes Estates, being a 6.71 acre tract in Section 13, Block 43, T-2-S, T&P RY. Co. Survey, Ector County, Texas (southwest of the intersection of W. Blair St. and N. Westgate Ave.) The property involved in this request is located southwest of the intersection of W. Blair St. and N. Westgate Ave. The site is located in the City of Odessa Extra-Territorial Jurisdiction (ETJ), does not have a zoning designation and is currently vacant. The applicant is Hugo Urgell Reyes, owner, and S W Howell, Inc., consultant and the purpose of the preliminary plat is to create eleven (11) residential lots. The Planning and Zoning Commission gave preliminary approval to this request on January 6, 2022, with the following conditions. 1. 1/2 acre lots are proposed. Submit water plans to ECUD for approval. 2. Add ECUD signature bloc to the plat. 3. Drainage report needs to be submitted. This tract is not in a special flood hazard area. These conditions have been met and the final plat is ready for Commission approval. Information in order of inclusion: -- Area zoning map -- Copy of proposed final plat