Planning & Zoning Commission

AGENDA PLANNING & ZONING COMMISSION COUNCIL CHAMBER September 15, 2022 1:30 P.M. 1. Approve the minutes of the September 1, 2022, Planning and Zoning Commission meeting. 2. CASE FILE NO. 2022-10-Z Open a public hearing to consider approval of the request by Jack N. Mousa Ltd., owner, LCA, agent, for rezone of Office (O) to Retail (R) of an approx. 5.87 acre tract located in Section 9, Block 41, T-2-S. T&P RR. Co. Survey, City of Odessa, Ector County, Texas, (northeast of the intersection of Tres Hermanas Blvd. and San Machell Dr.) 3. CASE FILE NO. 2022-11-Z Open a public hearing to consider approval of the request by Ace Completions, LLC, owner, LCA, agent, for original zoning of Light Industrial (LI) of an approx. 31.51 acre tract in Sections 20 and 21, Block 41, T-2-S. T&P RR. Co. Survey, City of Odessa, Ector County, Texas, (southeast of the intersection of Pronto St. and Trunk St.) 4. CASE FILE NO. 2022-44-P Open a public hearing to consider approval of the replat of The Estates of Shiloh, 6th Filing being a replat of Lot 8, Block 8, The Estates of Shiloh 2nd Filing and a 0.26 acre portion of Section 4, Block 41, T-2-S T&P RR CO. Survey, Ector County, Texas (southwest corner of the River Oaks Dr and Candlelight Ln.) 5. CASE FILE NO. 2022-47-P Open a public hearing to consider approval of a replat of Lot 17 and portions of Lot 15 & 16, Block 12, Pool Annex Addition, an addition to the City of Odessa, Ector County, Texas (northeast of the intersection of S. Jackson Ave. and E. Mable St.) 6. CASE FILE NO. 2022-48-P Consider approval of the short form plat of Shiloh Square 4th Filing, being an approximately 1.20 acre tract located in Section 3, Block 41, T-2-S T&P RR Co. Survey, City of Odessa, Ector County, Texas (northeast of the intersection of N. Faudree Rd. and E. Hwy 191) 7. CASE FILE NO. 2022-49-P Consider approval of the short form plat of Ace Completions, being approximately 30.03 acre tract in Sections 20 & 21, Block 41, T-2-S, T&P RR Co. Survey, City of Odessa, Ector County, Texas (northeast for the intersection of Trunk St. and Pronto St.) 8. CASE FILE NO. 2022-50-P (ETJ) Open a public hearing to consider approval of a replat of Lot 11, Block 11, Ponderosa Estates East, 9th Filing being a subdivision of 5.00 acres in Section 4, Block 41, T-2- S, T&P RY Co. Survey, Ector County, Texas (west of the intersection of Diais Vista. and Diais Cir.) 9. CASE FILE NO. 2022-51-P (ETJ) Consider approval of the short form plat Polanco Ranch, a subdivision of 9.739 acres in Section 26, Block 43, T-2-S, T&P RR Co. Survey, Ector County, Texas (northeast of the intersection of N Redondo Ave. and W. Dunn St.) 10. CASE FILE NO. 2022-52-P (ETJ) Consider approval of the preliminary Westforlk Subdivision, 5th Filing, a subdivision, of 103.64 acres in Section 10, Block 43, T-2-S, T&P RY Co. Survey, Ector County, Texas (north of the intersection of Meadowpark Ln. and Westfork Dr.) 11. Other Business 12. Adjourn 9/15/2022 Page 1 Be it said and remembered that at 1:37 p.m. on the 15th 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: Steve Tercero Renee Earls Lance Marker Wayne Russell MEMBERS ABSENT: Jimmy Peacock, Chairperson Connie Coots, Vice Chairperson Gary Simms 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 September 1, 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. 2022-10-Z (Approved) Open a public hearing to consider approval of the request by Jack N. Mousa Ltd., owner, LCA, agent, for rezone of Office (O) to Retail (R) of an approx. 5.87 acre tract located in Section 9, Block 41, T-2-S. T&P RR. Co. Survey, City of Odessa, Ector County, Texas, (northeast of the intersection of Tres Hermanas Blvd. and San Machell Dr.) Ms. Quimiro gave the following presentation: 6 notices were sent out to surrounding property owners. Zero were returned, and none were received in either protest or support of the request. The property involved in this request is northeast of the intersection of Tres Hermanas Blvd. and San Machell Dr. The site is currently designated Office (O) and is undeveloped. Land use in the area consists of vacant and commercial development to the south and west and vacant land to the east and north. The applicant is Jack N. Mousa Ltd., owner, LCA, agent, and the purpose of the rezone request is to aid in the development of the 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: The proposed rezone 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 rezoning would not have a negative impact on this site or surrounding properties. The retail development is not out of line with the existing retail development in the area. Reasonableness: The proposed rezoning will be in line with existing Light Commercial zoning along the west side of Tres Hermanas with Retail (R) directly to the south. 9/15/2022 Page 2 Based upon the preceding analysis, Staff recommends approval of the request. Acting Chairperson Tercero asked if there were any questions for staff. Hearing none he opened the public hearing and asked anyone wishing to speak for or against the item come forward. As no one came forward Acting Chairperson Tercero closed the public hearing portion and asked for questions or discussion. Hearing none he requested a motion. Member Earls moved to approve the item as presented. Member Russell seconded the motion, with the vote being a unanimous “aye” CASE FILE NO. 2022-11-Z (Approved) Open a public hearing to consider approval of the request by Ace Completions, LLC, owner, LCA, agent, for original zoning of Light Industrial (LI) of an approx. 31.51 acre tract in Sections 20 and 21, Block 41, T-2-S. T&P RR. Co. Survey, City of Odessa, Ector County, Texas, (southeast of the intersection of Pronto St. and Trunk St.) Ms. Prieto gave the following presentation: eight notices were mailed to adjacent property owners none were returned, none were received in protest and none were received in support. The property involved in this request is located northeast of the intersection of Pronto St. and Trunk St. The site is currently designated Future Development (FD) and is occupied by industrial development and vacant land. Land use in the area consists of industrial development and vacant land. The applicant is Ace Completions, LLC, owner, LCA, consultant and the purpose of the rezone request is part of requirement to replat property. Owners will maintain current industrial uses on the 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: The proposed 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 zoning would not have a negative impact on this site or surrounding properties. The proposed light industrial development is not out of line and consistent with development in the area. Reasonableness: The proposed zoning district will be encircled by existing industrial development and will facilitate a compatible development to the existing land uses in the area. Based upon the preceding analysis, Staff has no objections to the request as presented. Acting Chairperson Tercero asked if there were any questions for staff. Hearing none he opened the public hearing and asked anyone wishing to speak for or against the item come forward. As no one came forward Acting Chairperson Tercero closed the public hearing portion and asked for questions or discussion. Hearing none he requested a motion. Member Marker moved to approve the item as presented. Member Earls seconded the motion, with the vote being a unanimous “aye” 9/15/2022 Page 3 CASE FILE NO. 2022-44-P (Approved with conditions) Open a public hearing to consider approval of the replat of The Estates of Shiloh, 6th Filing being a replat of Lot 8, Block 8, The Estates of Shiloh 2nd Filing and a 0.26 acre portion of Section 4, Block 41, T-2-S T&P RR CO. Survey, Ector County, Texas (southwest corner of the River Oaks Dr and Candlelight Ln.) Ms. Prieto gave the following presentation: six notices were mailed to adjacent property owners, none were returned, none were received in protest or in support. The property involved in this replat request is located at the southwest corner of River Oaks Dr. and Candlelight Ln. The site is currently zoned Planned Development-Single Family-One (PD-SF-1) and is occupied by residential development and vacant land. Land use in the area consists of residential development to the north, east and south, and vacant land to the west. The applicant is Wyly and Fredna Brown Family Partnership, LTD, owner, LCA, consultant and the purpose of the replat is to extend one (1) existing lot for residential development. A platting conference was held September 6, 2022, with the applicant’s consultant and city staff present. Staff Comments: -- Original ownership and tax certificates need to be submitted prior to filing the plat. -- Drainage report has been submitted. This tract is not in a special flood hazard area. -- 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. Staff recommends approval with the following item Commission action is requested on the following item: 1. Add signature block and notary block for owner of Lot 8, Block 8. (Public Works) Acting Chairperson Tercero asked if there were any questions for staff. Hearing none he opened the public hearing and asked anyone wishing to speak for or against the item come forward. As no one came forward Acting Chairperson Tercero closed the public hearing portion and asked for questions or discussion. Hearing none he requested a motion. Member Earls moved to approve the item as presented. Member Marker seconded the motion, with the vote being a unanimous “aye” 9/15/2022 Page 4 CASE FILE NO. 2022-47-P (Approved with conditions) Open a public hearing to consider approval of a replat of Lot 17 and portions of Lot 15 & 16, Block 12, Pool Annex Addition, an addition to the City of Odessa, Ector County, Texas (northeast of the intersection of S. Jackson Ave. and E. Mable St.) Ms. Quimiro gave the following presentation: six notices were sent out to surrounding property owners. Zero were returned, and none were received in protest and two were received in support of the request. The property involved in this request is located northeast of the intersection of S. Jackson Ave. and E. Mable St. The site is within the City of Odessa and currently zoned General Residence (GR). The property is currently vacant as it appears the home on the property has been demolished. Land use in the general area consists of residential development. The applicants are Abby Gabaldon & Jesus Alejandro Gabaldon, owners, S.W. Howell, agent and the purpose of the replat is to extend one (1) existing lot for residential development. A platting conference was held September 6, 2022, with the applicant’s consultant and city staff present. Staff Comments: -- Original ownership and tax certificates need to be submitted 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. -- This tract is not in a special flood hazard area. -- Reconstruct the fence on the property line. Remove it from the alley. -- The remainder of Lot 16 is not of sufficient size and creates an illegal lot. Include the adjacent property in the replat. -- Provide a 10’ private utility easement on the west side of the proposed lot. -- The property owner to the west has improvements encroaching into this property. -- Sidewalk needs to be constructed. -- 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. Drainage report needs to be submitted. (Public Works) 2. An Improvements Agreement will be required for sidewalk construction. (Public Works) Acting Chairperson Tercero asked if there were any questions for staff. Hearing none he opened the public hearing and asked anyone wishing to speak for or against the 9/15/2022 Page 5 item come forward. As no one came forward Acting Chairperson Tercero closed the public hearing portion and asked for questions or discussion. Hearing none he requested a motion. Member Marker moved to approve the item as presented. Member Earls seconded the motion, with the vote being a unanimous “aye” CASE FILE NO. 2022-48-P (Approved with conditions) Consider approval of the short form plat of Shiloh Square 4th Filing, being an approximately 1.20 acre tract located in Section 3, Block 41, T-2-S T&P RR Co. Survey, City of Odessa, Ector County, Texas (northeast of the intersection of N. Faudree Rd. and E. Hwy 191) Ms. Prieto gave the following presentation: The property involved in this short form plat request is located at the southeast of the intersection of N Faudree Rd and E Hwy 191. The site is zoned Retail-One (R-1) and is currently vacant. Land use in the area consists of Retail-One (R-1) development to the north, Retail (R) development to the south, and Future Development (FD) designation to the west. The applicants are Wyly & Fredna Brown Family Limited Partnership, LTD, owners, LCA consultant, and the purpose of the short form plat is to facilitate retail development and related uses on the property. A platting conference was held September 6, 2022 with the applicant’s consultant and city staff present. Staff Comments: -- Ownership and original tax certificates needed prior to filing 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. -- 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. -- Access will be coordinated with the City of Odessa. Access to this lot should be granted from Gateway Road and not to the SH 191 frontage road. -- As this is part of a larger planned development, access to all of the subdivided plats should be established before approving individually platted lots to ensure that access is controlled in accordance with current Access Management standards. This will require shared access and cross-access easements as the lots do not have enough frontage to allow for a driveway for each and meet the access requirement. -- Post-development drainage/runoff should not exceed pre-development conditions. 9/15/2022 Page 6 Commission action is requested on the following items: 1. Gateway Drive needs to be platted and constructed as a private street with this plat or this lot will have no access. (Public Works) 2. Add a note to the plat: Direct access to State Highway 191 frontage road from Lot 2, Block 3, Shiloh Square 4th filing is not allowed. (Public Works) 3. Curb & Gutter is needed on the S.H. 191 frontage road. Submit plans for review and acceptance. (Public Works) 4. A Blanket Refuse Collection Easement Agreement will be required. (Public Works) 5. Post-development drainage/runoff should not exceed pre-development conditions. (TxDOT) This plat is ready for Commission approval as noted above. Acting Chairperson Tercero asked if there were any questions for staff. Hearing none he opened the public hearing and asked anyone wishing to speak for or against the item come forward. As no one came forward Acting Chairperson Tercero closed the public hearing portion and asked for questions or discussion. Hearing none he requested a motion. Member Russell moved to approve the item as presented. Member Marker seconded the motion, with the vote being a unanimous “aye” CASE FILE NO. 2022-49-P (Tabled) Consider approval of the short form plat of Ace Completions, being approximately 30.03 acre tract in Sections 20 & 21, Block 41, T-2-S, T&P RR Co. Survey, City of Odessa, Ector County, Texas (northeast for the intersection of Trunk St. and Pronto St.) Mr. Brinlee approached the podium to ask the commission to table the item at the consultant’s request. Acting Chairperson Tercero asked for a motion. Member Marker moved to table the item. Member Earls seconded the motion, with the vote being a unanimous “aye” CASE FILE NO. 2022-50-P (ETJ) (Approved with conditions) Open a public hearing to consider approval of a replat of Lot 11, Block 11, Ponderosa Estates East, 9th Filing being a subdivision of 5.00 acres in Section 4, Block 41, T-2-S, T&P RY Co. Survey, Ector County, Texas (west of the intersection of Diais Vista. and Diais Cir.) Ms. Quimiro gave the following presentation: The property involved in this request is located west of the intersection of Diais Vista. and Diais Cir. The site is within the City of Odessa Extra-Territorial Jurisdiction (ETJ), does not have a zoning designation and is currently vacant. Land use in the general area consists of residential development. 9/15/2022 Page 7 The applicants are Jose & Marabel Marquez, owners, and S.W. Howell, consultant and the purpose of the short form plat is to create four (4) lots for development and ownership purposes. A platting conference was held September 6, 2022, with the applicant’s consultant and city staff present. Staff Comments: -- Original tax certificates needed prior to filing the plat. -- This tract is outside the City limits and is in the ETJ. -- Water and sewer are not available. -- All lots are of sufficient size for a water well and septic system. -- Proposed street construction is private. -- The existing segment of Diais Circle is addressed in such a way that it does not allow for an extension of the street. -- Extending Diais Circle while also keeping the current addresses will cause an addressing issue and potential confusion or delays for emergency response teams. Commission action is requested on the following items: 1. Drainage report needs to be submitted. This tract is in a special flood hazard area. (Public Works) 2. Recommendation is for consideration to be given to readdress six existing lots (Lots 11-16 of Block 11 of Ponderosa East Subdivision, 9th Filing) in order to accommodate the extension of Diais Circle. (Ector County 911) The other option discussed at the Platting conference was to rename new road segment. Striking the recommendation on W. Foy Street as it did not pertain to this plat. Acting Chairperson Tercero asked if there were any questions for staff. Hearing none he opened the public hearing and asked anyone wishing to speak for or against the item come forward. As no one came forward Acting Chairperson Tercero closed the public hearing portion and asked for questions or discussion. Hearing none he requested a motion. Member Earls moved to approve the item as presented with corrected statements. Member Marker seconded the motion, with the vote being a unanimous “aye” CASE FILE NO. 2022-51-P (ETJ) (Approved with conditions) Consider approval of the short form plat Polanco Ranch, a subdivision of 9.739 acres in Section 26, Block 43, T-2-S, T&P RR Co. Survey, Ector County, Texas (northeast of the intersection of N. Redondo Ave. and W. Dunn St.) Ms. Quimiro gave the following presentation: The property involved in this request is located northeast of the intersection of N. Redondo Ave. and W. Dunn 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 general area consists of residential development. 9/15/2022 Page 8 The applicants are Juan Baeza, Jr. and Judy Baeza and Juan Polanco and Imelda Polanco, owners, and S.W. Howell, consultant and the purpose of the short form plat is to create a public access and utility easement with private maintenance, and four (4) lots for development and ownership purposes. A platting conference was held September 6, 2022, with the applicant’s consultant and city staff present. Staff Comments: -- Original tax certificates needed prior to filing the plat. -- This tract is outside the City limits and is in the ETJ. -- Water is available through ECUD. Sewer is not available. -- All lots are of sufficient size for a water well and septic system. -- Spell out Street and Avenue. Commission action is requested on the following items: 1. Drainage report needs to be submitted. This tract is not in a special flood hazard area. (Public Works) 2. Polanco Ranch plat needs 2 control points. (GIS) 3. Add 20’ water line easement centered on the lot 1 and lot 2 property line. (ECUD) Striking the recommendation on W. Foy Street as it did not pertain to this plat. This plat is ready for commission action. Acting Chairperson Tercero asked if there were any questions for staff. or discussion. Hearing none he requested a motion. Member Earls moved to approve the item as presented with corrected statements. Member Marker seconded the motion, with the vote being a unanimous “aye” CASE FILE NO. 2022-52-P (ETJ) (Approved with conditions) Consider approval of the preliminary Westfork Subdivision, 5th Filing, a subdivision, of 103.64 acres in Section 10, Block 43, T-2-S, T&P RY Co. Survey, Ector County, Texas (north of the intersection of Meadowpark Ln. and Westfork Dr.) Ms. Quimiro gave the following presentation: The property involved in this request is located north of the intersection of Meadowpark Ln. and Westfork Dr. The site is within the City of Odessa Extra-Territorial Jurisdiction (ETJ), does not have a zoning designation and is currently vacant. Land use in the area consists of residential development to the south, and vacant land to the north, east, and west. The applicants are OBBCP Ranch Corporation and Estate of John E Holdridge, owners, and S.W. Howell, consultant and the purpose of the preliminary plat is to create eighteen (18) lots (approx. average size 5.49 ac.) for development and ownership purposes. A platting conference was held September 6, 2022, with the applicant’s consultant and city staff present. 9/15/2022 Page 9 Staff Comments: -- Original tax certificates needed prior to filing the plat. -- This tract is outside the City limits and is in the ETJ. -- Water and Sewer are not available. -- All lots are of sufficient size for a water well and septic system. -- Spell out Street and Avenue. -- W Foy Street is similar in name to the existing Foyt Avenue in Ector County. Commission action is requested on the following items: 1. Drainage report needs to be submitted. This tract is not in a special flood hazard area. (Public Works) 2. Block numbers should be 6 and 7. (Public Works) 3. Recommendation is for consideration to be given to assign a new, unique street name to W Foy Street to avoid any potential confusion or delays for emergency response teams. (Ector County 911) 4. Add 20’ water line easements along eastern boundary of plat and southern property lines of lots 5-7, Block 1 (ECUD) Acting Chairperson Tercero asked if there were any questions for staff. or discussion. Hearing none he requested a motion. Member Russell moved to approve the item as presented with corrected statements. Member Earls seconded the motion, with the vote being a unanimous “aye” There being no further business to come before the Commission, the meeting was adjourned at 2:03 p.m. Lorrine Quimiro, Planning Manager, placed the minutes in the Minute Book on September 16, 2022 _________________________________ Steve Tercero, Acting Chairperson