Planning & Zoning Commission

AGENDA PLANNING & ZONING COMMISSION COUNCIL CHAMBER September 1, 2022 1:30 P.M. 1. Approve the minutes of the August 18, 2022, Planning and Zoning Commission meeting. 2. CASE FILE NO. 2022-02-AZ Open a public hearing to consider approval of the request by Betenbough Homes, owner for annexation and original zoning of Special Dwelling District (SPD) on 206.277 acres, Special Dwelling District–Surface Drainage (SPD-SD) on 57.461 acres and Special Dwelling District–Drill Reservation (SPD-DR) on 4.082 acres on an approx. 280.68-acre tract in Sections 27 & 28, Block 42, T-1-S, T&P RR. Co. Survey, Ector County, Texas (southeast of the intersection of NE Loop 338 and US Hwy 385) 3. CASE FILE NO. 2022-09-Z Open a public hearing to consider approval of the rezoning request by Wyly & Fredna Brown Family Partnership, LTD, owner, LCA, agent, for Planned Development-Retail (R) Zoning District on a 1.74 acre tract in Section 4, Block 41, T-2-S, T&P RR Co. Survey, City of Odessa, Ector County, Texas (south of the intersection of Rocking L Ranch Rd. & P Bar Ranch Rd.) 4. CASE FILE NO. 2022-43-P Open a public hearing to consider approval of Leeco Addition 6th Filing being a replat of Lot 13, Block 1, Leeco Addition, 1st Filing, and Lots 3, 4 and 7, Block 1, Leeco Addition, 1st Filing, City of Odessa, Ector County, Texas. (Southwest of the intersection of East Ridge Rd and Billy Hext Rd.) 5. CASE FILE NO. 2022-45-P (ETJ) Open a public hearing to consider approval of the replat of Lots 2-11 and a 0.161 acre alley R.O.W., Block 17, Airway Acres Subdivision, Ector County, Texas (northwest of the intersection of N. County Road W. & W. 81st St.) 6. CASE FILE NO. 2022-46-P (ETJ) Open a public hearing to consider approval of the replat of Westlake Addition, 2nd Filing being a replat of Lot 13, Block 8, Westlake Addition, Ector County Texas (northwest of the intersection of N Knox Ave. & W 42nd St.) 7. Other Business 8. Adjourn 9/1/2022 Page 1 Be it said and remembered that at 1:34 p.m. on the 1st day of September 2022 there came on and was held a Planning and Zoning Commission meeting in the Council Chambers, 5th Floor, 411 W. 8th St., Odessa, Texas. MEMBERS PRESENT: Jimmy Peacock, Chairperson Renee Earls Lance Marker Wayne Russell MEMBERS ABSENT: Connie Coots, Vice Chairperson Gary Simms Steve Tercero OTHERS PRESENT: Randy Brinlee, Director of Development; Lorrine Quimiro, Planning Manager; Maria Prieto, Planner, Cheynna Torres, Planning Tech, Joe Tucker, Assistant City Engineer, Fara Hernandez, CIP Coordinator, and Jan Baker, Senior Assistant Attorney The minutes of the of the August 18, 2022, Planning and Zoning Commission meeting were approved, motion for approval being made by Member Marker, seconded by Member Earls, with the vote being a unanimous “aye” CASE FILE NO. 2022-02-AZ (approved) Open a public hearing to consider approval of the request by Betenbough Homes, owner for annexation and original zoning of Special Dwelling District (SPD) on 206.277 acres, Special Dwelling District–Surface Drainage (SPD-SD) on 61.453 acres and Special Dwelling District–Drill Reservation (SPD-DR) on 4.082 acres on an approx. 280.68-acre tract in Sections 27 & 28, Block 42, T-1-S, T&P RR. Co. Survey, Ector County, Texas (southeast of the intersection of NE Loop 338 and US Hwy 385) Ms. Quimiro gave the following presentation: The property involved in this request is located NE Loop 338 and US Hwy 385. The applicant and owner of this property is Betenbough Homes. The tract is vacant and land use in the general area consists of commercial and residential development to the south and west with vacant land to the north and east. The purpose of the annexation and original zoning request is to incorporate 280.68 acres into the City of Odessa for a residential development with approximately 1,079 lots, surface drainage, and a drill site. The current area of the city limits is approximately 52 square miles. The total area of the site related to this request is approximately 280.68 acres which puts the area of the request within the annexation statutes that allow a maximum annual annexation of ten percent of the incorporated area of the municipality. The maximum of ten percent per year may be carried over up to thirty percent if not used. The City of Odessa Comprehensive Plan states the city should strive for orderly city boundaries and utility service area. Annexing properties adjacent to the city limits lines would be considered logical boundary extensions of the city limits lines. Should the Commission choose to approve this annexation request, a service plan for the proposed annexation has been prepared by Planning Staff in accordance with State law requirements (see attached copy). The service plans require Commission adoption and accompany the annexation recommendation forwarded to the City Council. Original zoning of Special Dwelling District (SPD) on 206.277 acres, Special Dwelling District–Surface Drainage (SPD-SD) on 61.543 acres and Special District–Drill Reservation (SPD-DR) on 4.082 acres are also being requested for the site. This requested original zoning is compatible with the adjacent land uses of each site and not contrary to the land use plan of the City of Odessa’ Comprehensive Master Plan. Two (2) neighborhood pocket parks and hike & bike trail incorporated into the surface drainage 9/1/2022 Page 2 area is proposed for the development. Funding for the proposed parks/activity areas will be facilitated through a Public Improvement District (PID) associated with this development. Site plan approval to establish building standards will be required prior to development of the property. Based on the preceding analysis, the Planning Staff endorses the annexation request and recommends approval of the original zoning request for the property. Chairman Peacock asked if the parks would be paid for by the neighborhood through the PID. Ms. Quimiro responded that the PID would be used for the parks. Chairman Peacock asked if there were any questions for staff. Hearing none, Chairman Peacock opened the floor to the public. Chris Berry approached the podium and stated that he is with Betenbough Homes. He wanted to clarify that there would be no Hike & Bike trail in this development, and it would have one smaller park and three pocket parks. Betenbough would pay for construction of the parks and that the PID would be used for maintenance of the parks. Mr. Peacock asked who would be able to use the parks. Mr. Berry stated that these would be City Parks and that they would be open to anyone in the community. Chairman Peacock asked if there was anyone else interested in speaking in favor of or against the request. Hearing none he closed the public portion and asked for questions or discussion. Hearing none he requested a motion. Member Russell moved to approve the annexation and original zoning to Special Dwelling District (SPD) on 206.277 acres, Special Dwelling District–Surface Drainage (SPD-SD) on 61.543 acres and Special District–Drill Reservation (SPD-DR) on 4.082 acres. Member Marker seconded the motion, with the vote being a unanimous “aye”. . CASE FILE NO. 2022-09-Z Open a public hearing to consider approval of the rezoning request by Wyly & Fredna Brown Family Partnership, LTD, owner, LCA, agent, for Planned Development-Retail (PD-R) Zoning District on a 1.74 acre tract in Section 4, Block 41, T-2-S, T&P RR Co. Survey, City of Odessa, Ector County, Texas (south of the intersection of Rocking L Ranch Rd. & P Bar Ranch Rd.) Ms. Quimiro gave the following presentation: The property involved in this request is located south of the intersection of Rocking L Ranch Rd. & P Bar Ranch Rd. The site is currently zoned Planned Development-Single Family-One (PD-SF-1) and is vacant. Land uses in the area consist of single-family residential development to the north and vacant land to the east, west and south. Wyly & Fredna Brown Family Partnership, LTD, owner, LCA, agent, and the purpose of the request is to create one (1) lot for retail development. At their previous meeting Commission approved a rezone request for this property. 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: This proposed rezone request is not out of line with the established land uses in the general area or the land use plan of the City of Odessa’s Comprehensive Plan. Livability: The proposed zoning would not have a negative impact on this site or surrounding properties. The proposed Planned-Development-Retail is not out of line with development in the area. Reasonableness: The proposed zoning district will be abutting future single family residential development. The owners and consultant are working with the city to address development along the south of P Bar Ranch Rd. with consideration to drill reservation sites. The rezone will facilitate a reasonable transition between land uses in the area. 9/1/2022 Page 3 Based upon the preceding analysis, Staff recommends approval of the request. Chairman Peacock asked if there were any question for staff. Hearing none, Chairman Peacock opened the public hearing. After no one came forward to speak Chairman Peacock closed the public hearing and asked for questions or discussion. Hearing none he requested a motion. Member Earls moved to approve the rezone request from Planned Development-Single Family-One (PD-SF-1) to Planned Development-Retail (PD-R) Member Russel seconded the motion, with the vote being a unanimous “aye” . CASE FILE NO. 2022-43-P (approved with conditions) Open a public hearing to consider approval of Leeco Addition 6th Filing being a replat of Lot 13, Block 1, Leeco Addition, 1st Filing, and Lots 3, 4 and 7, Block 1, Leeco Addition, 1st Filing, City of Odessa, Ector County, Texas. (Southwest of the intersection of East Ridge Rd and Billy Hext Rd.) The property involved in this request is located southwest of the intersection of East Ridge Rd and Billy Hext Rd. The site is currently zoned Retail (R) and is vacant. Land use to the north is retail and vacant land. Land use to the east is retail, and land use to the south and west is vacant land. The applicants are Leeco Energy & Investments, Inc, Owners, LCA, consultant, and the purpose of the plat is to create one (1) lot for development and ownership purposes. A platting conference was held August 23, 2022, with the applicant’s consultant and city staff present. Staff Comments: -- Ownership and original tax certificates needed prior to filing the plat. -- A blanket refuse collection easement is noted on the plat. -- Water and sewer are available. No pro-rata is due. -- Drainage report has been submitted. This tract is not in a special flood hazard area. -- Remove the old lot lines from the plat and adjust the internal easements as appropriate. -- Driveways to Eastridge discussed. Two existing driveways on Eastridge will be used. -- Water & sewer are existing with multiple taps. Abandon any taps not being used. -- An Improvements Agreement will not 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. Commission action is requested on the following items: 1. “Eastridge Road” on the plat is actually East Ridge Road. (Ector County 911) 2. A Blanket Refuse Collection Easement Agreement will be required. (Public Works) This plat is ready for Commission approval as noted above. 9/1/2022 Page 4 Chairman Peacock asked if there were any questions for staff. Member Earls pointed out that East Ridge was misidentified as Eagle Ridge Rd. in the agenda. Staff took note and would correct it. Chairman Peacock opened the floor to the public. After no one came forward Chairman Peacock closed the public portion and asked for questions or discussion. Hearing none he requested a motion. Member Marker moved to approve the replat request with conditions as presented. Member Russell seconded the motion, with the vote being a unanimous “aye” . CASE FILE NO. 2022-45-P (ETJ) (approved with conditions) Open a public hearing to consider approval of the replat of Lots 2-11 and a 0.161 acre alley R.O.W., Block 17, Airway Acres Subdivision, Ector County, Texas The property involved in this replat request is located northwest of the intersection of N. County Road W. & W. 81st St. The site is within the City of Odessa Extra- Territorial Jurisdiction (ETJ), does not have a zoning designation and is currently occupied by light industrial development. Land use in the area consists of industrial development to the north, east, south and west. Ms. Prieto gave the following presentation: The property involved in this replat request is located northwest of the intersection of N. County Road W. & W. 81st St. The site is within the City of Odessa Extra-Territorial Jurisdiction (ETJ), does not have a zoning designation and is currently occupied by light industrial development. Land use in the area consists of industrial development to the north, east, south and west. The applicant is Taylor Odessa Holdings, LLC, owner, Cross Texas Land Services, Inc., agent, and the purpose of the plat is to create three (3) lots (approx.1 ac – 2.916 ac.) for ownership purposes, vacate the alley, and dedicate utility easement. Comments were sent to the consultant for review on August 23, 2022. Staff Comments: -- Original tax certificates are needed prior to filing the plat. -- This tract is outside the City limits and is in the ETJ. -- Water and sewer are not available. -- Drainage report needs to be submitted. This tract is not in a special flood hazard area. -- Lots are of sufficient size for water well and septic. Commission action is requested on the following items: 1. Submit documentation from Commissioner’s Court on alley abandonment. (Submitted) 2. Airway Acres – Only has one GPS control point. Needs 2 control points. (GIS) 3. “81st Street” on the plat is actually W 81st Street. (911 Ector County) 4. Access to FM 1882 (County Road West) will have to be coordinated through TxDOT. Recommended driveway spacing from the current Access Management Standards is 425’. Development of these sites should take access into consideration. (TxDOT) (northwest of the intersection of N. County Road W. & W. 81st St.) This plat is ready for Commission approval as noted above. 9/1/2022 Page 5 Chairman Peacock asked if there were any questions for staff. Hearing none Chairman Peacock opened the floor to the public. After no one came forward Chairman Peacock closed the public portion and asked for questions or discussion. Hearing none he requested a motion. Member Russell moved to approve/deny the replat request with conditions as presented. Member Earls seconded the motion, with the vote being a unanimous “aye” CASE FILE NO. 2022-46-P (ETJ) (approved with conditions) Open a public hearing to consider approval of the replat of Westlake Addition, 2nd Filing being a replat of Lot 13, Block 8, Westlake Addition, Ector County Texas (northwest of the intersection of N Knox Ave. & W 42nd St.) The property involved in this request is located northeast of the intersection of N. Knox Ave. & W 42nd St. The site is within the City of Odessa Extra-Territorial Jurisdiction (ETJ), does not have a zoning designation and is currently occupied by residential development and vacant land. Land use in the area consists of industrial and residential development to the north, residential development to the east, commercial and residential development to the south and west. The applicant is Gregorio Martinez, owner, Maverick Engineering, consultant, and the purpose of the plat is to create three (3) lots (approx.0.656 ac – 0.980 ac.) for ownership purposes. Comments were sent to the consultant for review on August 23, 2022. Staff Comments: -- Original tax certificates are needed prior to filing the plat. -- This tract is outside the City limits and is in the ETJ. -- Drainage report has been submitted. This tract is not in a special flood hazard area. -- Water is available through ECUD. Commission action is requested on the following items: 1. Lots are too small for water well and septic. All 3 lots must connect to ECUD water and disconnect from any water wells. (Public Works) 2. Add a private utility easement to serve Lot 14 with water. (Public Works) 3. Add ECUD signature block. (Public Works) 4. Revise County signature block. Use Public Works instead of Judge. (Public Works) 5. Add City of Odessa signature blocks. (Public Works) 6. Lots should be numbered 14,15, & 16. (Public Works) 7. No water line in alley. (ECUD) 9/1/2022 Page 6 8. Add 30 ft. water line easement east of Lot 15. (ECUD) 9. Add water lines on N Knox Ave & W 42nd St. (ECUD) Chairman Peacock asked if there were any question for staff. Member Russel asked what size the lots will be. Mr. Brinlee answered that they would be less than ½ an acre which would require that they disconnect from the septic and connect to ECUD. Chairperson asked about item 6 and if water well would be included on plat. Mr. Brinlee stated that it would not and that must just be a typographical error. Chairman Peacock opened the floor to the public. No one came forward. Chairman Peacock closed the public portion and asked for questions or discussion. Hearing none he requested a motion. Member Marker moved to approve the replat request with conditions as presented. Member Russell seconded the motion, with the vote a unanimous “aye” There being no further business to come before the Commission, the meeting was adjourned at 1:52 p.m. Lorrine Quimiro, Planning Manager, placed the minutes in the Minute Book on 9/2/2022. _________________________________ Jimmy Peacock, Chairperson