Planning & Zoning Commission

PLANNING & ZONING COMMISSION Jimmy Peacock, Chairman Connie Coots, Vice Chairman Wayne Russell, Member Renee Earls, Member Craig Stoker, Member Gary Simms, Member Lance Marker, Member Steve Tercero, Member PLANNING & ZONING COMMISSION, Minutes CITY COUNCIL CHAMBERS – FIFTH FLOOR January 19, 2023 1:30 P.M. I. Call to order II. Consent Agenda 1. Approve the minutes of the December 15, 2022, Planning and Zoning Commission meeting. III. Other Public Hearing 2. CASE FILE NO. 2023-01-Z Open a public hearing to consider approval of the request by Forrest Hermanos, LLC, optionee, Newton Engineering, agent to rezone from Multi Family-Two (MF-2) to Planned Development-Light Commercial (PD-LC) a 1.68- acre section of Lot 5, Block 1, Parks Estates, 3rd Filing, City of Odessa, Ector County, Texas (east of the intersection of De Morada Dr. and Parks Legado Ct.) 3. CASE FILE NO. 2021-59-P (ETJ) Consider approval of the preliminary plat of Golden View Park Addition being a 32.55 Acre Tract out of Section 38 and 39, Block 43, T-2-S, T & P RR Co. Survey, Ector County, Texas (southeast of the intersection of S. Redondo Ave. and IH 20) 4. CASE FILE NO. 2023-01-P (ETJ) Open a public hearing to consider approval of N.A.N.A Addition, being a replat of Lots 20 & 21, Block 4, Greenfield Acres, Ector County Texas. (Northwest of the intersection of Maureen Ave. and Judy Ave.)  Miscellaneous 5. CASE FILE NO. 2023-03-P (ETJ) Consider approval of the preliminary plat REV Subdivision being a 116.8-acre tract out of Section 45, Block 42, T-2-S T&P Rwy., Co. Survey, Ector County, Texas. (Northeast of the intersection of S. County Road West and West Berry St.) 6. CASE FILE NO. 2023-04-P (ETJ) Consider approval of the preliminary plat Bullhead 1st Filing, being a 39.15- acre tract located in Section 40, Block 42, T-2-S T&P RY., Co. Survey, Ector County, Texas. (Southwest of the intersection of S. Crane Ave. and W IH 20) 7. CASE FILE NO. 2023-05-P (ETJ) Consider approval of the preliminary plat Bullhead 2nd Filing, being a 33.0-acre tract located in Section 40, Block 42, T-2-S T&P RY., Co. Survey, Ector County, Texas. (Southeast of the intersection of S. County Road West. and W IH 20) 8. CASE FILE NO. 2023-06-P Open a public hearing to consider approval of Faudree Road Development 8th Filing, being a replat of Lot 18, Block 1, Faudree Road Development, City of Odessa, Ector County, Texas (northwest of the intersection of E. Hwy. 80. and N. Faudree Rd.) 9. CASE FILE NO. 2023-07-P Open a public hearing to consider approval of the replat of the west half of Lots 17- 18, Block 9, Canondale Addition, City of Odessa, Ector County, Texas (northeast of the intersection of W. Murphy Street. and S. Washington Ave.) IV. Adjourn Be it said and remembered that at 1:31 p.m. on the 19th Day of May 2023, 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: Lance Marker, Chairman Steve Tercero Jimmy Peacock Connie Coots MEMBERS ABSENT: Wayne Russell, Vice Chairman Craig Stoker Gary Sims OTHERS PRESENT: Maria Prieto, Planner; Cheynna Torres, Planning Tech, Joe Tucker, Assistant City Engineer; Fara Hernandez, CIP Coordinator; Dan Jones, Interim City Attorney The minutes of the of the December 15, 2022, Planning and Zoning Commission meeting were approved, motion for approval being made by Member, Gary Sims seconded by Member Wayne Russell, with the vote being a unanimous “aye” Recommended Planning and Zoning Commission Action: Case File 2023-01-Z __X__ Approved _____ Deny. Current Zoning: Planned Development-Light Commercial Request: Rezone from Multi Family-Two (MF-2) to Planned Development-Light Commercial (PD-LC) Property Involved: An approx. 1.68-acre section of Lot 5, Block 1 Parks Estates, 3rd Filing, City of Odessa, Ector County, Texas (east of the intersection of De Morada Dr. and Parks Legado Ct.) The property involved in this request is located east of the intersection of De Morada Dr. and Parks Legado Ct. The site is currently zoned Multi Family-Two (MF-2) and is vacant. Land uses in the area consist of multi-family residential. development to the north and south, with vacant land to the east and west. The applicant is Forrest Hermanos, optionee, Newton Engineering, agent, and the purpose of the rezone request is to expand the planned commercial development. east 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 and is an extension of the existing Planned Development (PD-LC) zoning of property east of this site. Livability: The proposed zoning would not have a negative impact on this site or surrounding properties. The proposed commercial development is not out of line with development in the area. Reasonableness: The proposed zoning district will be bounded by existing multi- family residential to the north and south with office zoning to the west. It will facilitate a reasonable transition between land uses of varying intensities and would not create a conflict to the existing land uses in the area. 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 Light Commercial (LC) district Ms. Prieto presented: Sent out 9 Notes, 0 Returned 2 Written Protest who walked in Mr. Jimmy Peacock asks for protest cards to be presented to Commission for review before Ms. Prieto Made her presentation. The property involved in this request is located east of the intersection of De Morada Dr. and Parks Legado Ct. The site is currently zoned Multi Family-Two (MF-2) and is vacant. Land uses in the area consist of multi-family residential. development to the north and south, with vacant land to the east and west. The applicant is Forrest Hermanos, optionee, Newton Engineering, agent, and the purpose of the rezone request is to expand the planned commercial development. east 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 and is an extension of the existing Planned Development (PD-LC) zoning of property east of this site. Livability: The proposed zoning would not have a negative impact on this site or surrounding properties. The proposed commercial development is not out of line with development in the area. Reasonableness: The proposed zoning district will be bounded by existing multi- family residential to the north and south with office zoning to the west. It will facilitate a reasonable transition between land uses of varying intensities and would not create a conflict to the existing land uses in the area. Chairman Jimmy Peacock noted; When we were initial provided with agenda for this meeting, there were matters of what was acceptable and most of those was stricken, were not. If we chose to approve today, those matters not stricken will be approved by staff, and could be apart of this matter if we choose to approve this today. To which Maria replied yes. Then Ms. Earls ask who asked for those properties to stricken out those matters, what is the process of who approved those strike outs. Ms. Prieto answers Those included will be attached to the final approval and would have a condition to the final. Ms. Quimiro steps up and makes comment, with your recommendation this case will be moved forward to City council as from Planned Development restrictions. Ms. Earls ask again, but who approved of these restrictions. To which Ms. Quimiro answers, they did. They (property owners who were in protest and the applicant (Forest Hermanos LLC)) went back and forth of what they would all agree on with what they knew the surrounding area would not allow or out of reach for. Newton Engineering will come forward and explain on what all was concluded. To which Gary Sims answers with who are they, The other They. Ms. Quimiro, we received two protest cards. (to which Kirk Edwards are a part of those protest) Ms. Earls notes so residence is who help chose this. Mr. Sims ask, so all three are agreeable now? From the public response, Kirk Edward (Local Resident to this area), We want to ensure we have the same list and what was agreed upon is correct. Mr. Peacock moves forward after getting questions from staff, and now opens the floor for any public comment. Kyle Newton, Newton Engineering, On behalf of Forest Hermanos. My client has been going back and forth with the people who submitted the protest, concerned with the uses allowed in the Commercial zone, Which this is a PD-LC, to which is consistent with the proximity of 8-acres directly east of this property. Planning to zone it with the rest of the land zoning codes, with a long list of potential development, which are under the LC Zoning we agreed to strike some items from that list for a chance my client could continue work with the neighbors. Mr. Peacock ask if you could let us know intended uses, with out braking client confidence. As I mentioned we have 8-acres to the east so looking inquiring from this other property, and use it as a retail, Restaurant uses. We are okay with striking these other areas out since what they are intending to do are allowed use. Ms. Earls answers with I believe there is a medical office north of you, on that street is fairly new. Trying to ensure my bearings are in the correct area. To which Ms. Quimiro approaches the podium and shows audience and commission the location. We have Faudree and El Dorado, as in the back you could sense the large apartment building, Tuscany, and as well the Parks estates. Member Earls continued. Yes, to the south, so some of the items on here such as rodeo grounds to be removed from the long list. You all agree among all of you, I guess with you and the protestors of Ms. Quimiro agreed and stated that staff would verify. Chairman Peacock asked if there ere any other questions for consultant. Hearing none, Chairman Peacock opened the public portion once again and Shawn Crouch approached and stated. Speaking on behalf of Kirk Edwards and Virgil Trower, who were unable to attend. They’re just making sure the agreed list is listed correctly on the presentation. We received emails between all of us. What is to be approved and strike off. He presented that list to Ms. Quimiro. At then the chairman asked if we proceed will your company be okay with that Mr. Crouch. To which Mr. Crouch responded yes, with the large number of homes surrounding the property, they do not want RV Parks, or any mobile uses located nearby Million-Dollar Homes. Member Earls noticed the Ice-skating rink was taken off; and stated we needed one. Mr. Crouch Agreed, with comments of we actually do because Odessa no longer had one in the mall. There being no future  questions or comments for City Staff, Chairman Peacock asked for Discussion or motion, Member Earls moved the item to be approved as presented. Member Tercero second the motion with vote being unanimous “aye”. Recommended Planning and Zoning Commission Action: Case File 2023-59-P(ETJ) __X__ Approved ____ Deny Consider approval of the preliminary plat of Golden View Park Addition being a 32.55 Acre Tract out of Section 38 and 39, Block 43, T-2-S, T & P RR Co. Survey, Ector County, Texas (southeast of the intersection of S. Redondo Ave. and IH 20) Ms. Prieto Gave the following presentation: The property Involved in this request is located southeast of the intersection of S. Redondo Ave. and IH 20. The Site is within the City of Odessa Extra-Territorial Jurisdiction (ETJ), does not have a zoning designation and is currently occupied by industrial development. Land use in the area consists of vacant land to the north, west and south and industrial development to the east. The applicant is Al Aranda, owner, Newton Engineering, PC, consultant, and the purposed of the plat is to create six (6) lots (approx. 3.5 ac/lot) for industrial development and ownership purposes. A Platting Conference was held December 27, 2022, with the applicant’s consultant and city staff present. Staff Comments: - Original ownership and tax certificates are needed prior to filing the plat. - This tract is outside the city limits and is in the ETJ. - Water & Sewer are not available. - Drainage report has been submitted. This tract is not in a special flood hazard area.  - Coordinate with Ector County for design and construction of the County Roads. - S Goldenview Street should be S. Goldenview Ave. Staff recommended approval of the request and offered the commission the opportunity to ask any questions of staff. Chairman Peacock asked about the recommended change to Golden View from street to ave. Staff—Comments from the Ector County 911, make it easy for first responders. Limited the option for street suffixes we’ve used in the past. There being no further questions or comments for City Staff, Chairman Peacock asked for a discussion or motion, Member Sims moved the item to be approved as presented. Member Tercero seconded the motion, with the vote being a unanimous “aye”. Recommended Planning and Zoning Commission Action: Case File 2023-01-P(ETJ) __X__ Approved _____ Deny Open a public hearing to consider approval of N.A.N.A Addition, being a replat of Lots 20 & 21, Block 4, Greenfield Acres, Ector County Texas. (Northwest of the intersection of Maureen Ave. and Judy Ave.) Ms. Prieto gave the following presentation: The property involved in this request is located northwest of the intersection of Maureen Ave. and Judy Ave. 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. Land use in the area consists of residential development to the north, south, east, and west. The applicant is Rosamar Carreon, owner, and N3Brito, consultant and the purpose of the replat is to create five (5) lots between 1 and 1.84 acres in size for ownership purposes. A platting Conference was held December 27, 2022, with the applicant’s consultant and city staff present. Staff Comments: - Original ownership and tax certificates are needed prior to filing the plat. - This tract is outside the City limits and is in the ETJ. - Water & Sewer are not available. - Drainage report has been submitted. This tract is not in a special flood hazard area. - Spell out CT to Court. - Name the road with the cul-de-sac at the end. - The lots are of sufficient size for water well and septic system. - 4-Queen Court on the plat should not have a 90-degree turn. It should be broken up into two unique streets. - Also, the “4Queen” street name should not be kept. The inclusion of “4” in the street could cause a 911 caller or emergency response team to confuse the street with existing 4th Street, 14th Street, or 40th Street in an emergency situation. - Recommendation is for consideration to be given to assign each segment of 4Queen Court a new, unique street name. Also, each segment should remain consistent with Ector County Addressing standards and be given the property street suffix and prefix directional (ex. N Streetname Avenue & W Streetname Street). - Needs control points. Staff recommended approval of the request and asked if there were any questions for staff. Hearing none Chairman Peacock opened the public hearing and invited anyone wishing to speak in favor or against the request to come forward and state your name, with no one coming forward, Chairman Peacock closed the public portion of the meeting. He then asked for Commission for discussion or a motion. Member Tercero moved that the request be approved as presented. Member Russell seconded the motion, with the vote being a unanimous “aye”. Recommended Planning and Zoning Commission Action: Case File 2023-03-P (ETJ) __X__ Approved _____ Deny Consider approval of the preliminary plat REV Subdivision being a 116.8 Acre tract out of Section 45, Block 42, T-2-S T&P Rwy., Co. Survey, Ector County, Texas. (northeast of the intersection of S. County Road West and West Berry St.) Ms. Prieto gave the following presentation: The property involved in this preliminary plat request is located northeast of the intersection of S. County Road West and West Berry St. The site is located in the City of Odessa Extra-Territorial Jurisdiction (ETJ), does not have a zoning designation and is undeveloped. Land use in the area consists of industrial development to the north and west, with a mix of industrial and vacant land to the east and south. The applicant is Max Holding, LLC, owner, N3Brito, consultant, and the purpose of the replat is to create fifty-seven lots (56) lots (Ave 1.9 acres) and a retention basin (8.3 acers) for ownership and development purposes. A platting conference was held December 27, 2022, with the Applicant’s consultant and city staff present. Staff Comments: -- Original Ownership and tax certificate are needed prior to filing the plat. -- This tract is outside the city limits and is in the ETJ. -- Water & Sewer are not available. -- Drainage report needs to be submitted. Part of this tract is in a special flood hazard area, Zone A. -- Drainage report needs to address development in Zone A. Establish a BFE and address compensation for fill. -- Lots are sufficient size for water well and septic system. -- Ownership dimensions do not agree with GIS. We show the East 130’ as owned by Oliver Trust. -- The access easement on Averitt Addition should connect to W. Rev Drive. -- Spell out West. -- W Ferrari Drive, W Efilive lane, W Porshe Lane, and W Rev Drive should have the “Street” street suffix. -- Recommendations is for consideration to remain consistent with Ector County’s addressing standards and use the property street suffixes (avenue for North & South bound roads or Street for East & West bound roads) to avoid any potential confusion for emergency response team. Staff recommended approval of the request and asked if there were any questions for staff. Chairman Peacock noted that this had a lot of staff comments. He asked if there was any push back from the applicant. Ms. Prieto replied no, Chairman Peacock- asked if anyone did not catch the title “REV”? Ms. Quimiro stated that in correcting the lot to 56 with one retention lot they neglected to update the number. Hearing no other questions Chairman Peacock turned to the Commission for discussion or a motion. Member Sims moved for the plat to be approved as presented. Member Marker seconded the motion, with the vote being a unanimous “aye”. Recommended Planning and Zoning Commission Action: Case File 2023-04-P __X__ Approved _____ Deny Consider approval of the Preliminary plat Bullhead 1st Filing, being a 39.15-acre tract located in Section 40, Block 42, T-2-S. T&P RY. Co. Survey, Ector County, Texas. (Southwest of the intersection of S. Crane Ave. and W IH 20) Ms. Quimiro gave the following Presentation. The property involved in this request is located southwest of the intersection of S. Crane Ave. and W IH20. The site is located in the City of Odessa Extra-Territorial Jurisdiction (ETJ), does not have a zoning designation and is undeveloped. Land use in the area consists of a mix of industrial development and vacant land to the north, vacant land to the west, and industrial development to the north, east, and south. The applicant is Robert M. Chavez, Rosemary Martinez Chaves, and GGL Real Estates, LLC, Owners, and N3Brito, consultant and the purpose of the replat is to create eleven (11) lots (ave. 3.29 acres per lot) for ownership and development purposes. A Platting Conference was held December 27, 2022, with the applicant’s consultant and city staff present. Staff Comments: -- Original ownership and tax certificates are needed prior to filing the plat. -- This tract is outside the city limits and is in the ETJ. -- Water & Sewer are not available. -- Drainage report has been submitted. The tract is in a special flood hazard area. -- Lots are sufficient size for water well and septic system. -- Spell out West. -- W Bullhead Road should be W Bullhead Street. -- Recommendation is for consideration to remain consistent with Ector County’s addressing standards and use the property street suffixes (Avenue for North & South bound roads or Street for East & West bound roads) to avoid any potential confusion for emergency response teams.  Chairman Peacock noted that this was not a public hearing and turned to the commission for discussion or a motion. Member Marker moved for the plat to be approved as presented. Member Tercero seconded the motion, with the vote being a unanimous “aye”. Recommended Planning and Zoning Commission Action: Case File 2023-05-P __X__ Approved _____ Deny Consider approval of the preliminary plat Bullhead 2nd Filing, being a 33.0- acre tract located in Section 40, Block 42, T-2-S T&P RY., Co. Survey, Ector County, Texas. (Southeast of the intersection of S. County Road West and W IH 20) Ms. Quimiro gave the following presentation: The property involved in this request is located southeast of the intersection of S. County Road West and W IH 20. The site is located in the City of Odessa Extra- Territorial Jurisdiction (ETJ), does not have a zoning designation and is undeveloped. Land use in the area consists of industrial development and vacant land to the north, industrial development to the west, and south and vacant land to the east. The applicant is Bullhead Equipment, LLC, Owner, and N3Brito, Consultant and the purpose of the replat is to create eight (8) lots (approx. 3.72 acres per lot) for ownership and development purposes. A platting conference was held December 27, 2022, with the applicant’s consultant and city staff present. Staff Comments: -- Original ownership and tax certificate are needed prior to filing the plat. -- This tract is outside the City Limits and is in the ETJ -- Drainage report needs to be submitted. Part of this tract is in a special flood hazard area, Zone A. -- Drainage report needs to address the Zone A. Set a BFE and provide Compensation for fill in the Zone A. -- Access to the Jess Ward tract needs to be provided. -- Lots are sufficient size for water well and septic system. -- Blocks should be numbered 3 & 4. -- Recommendation is for consideration to remain consistent with Ector County’s addressing standards and use the property street suffixes (Avenue for North & South bound roads or Street for East & West bound roads) to avoid any potential confusion for emergency response teams. Ms. Quimiro recommended approval of the request and then asked if there were questions for City Staff. Hearing none Chairman Peacock noted that this was not a public hearing and turned to the commission for discussion or a motion. Member Tercero moved for the plat be approved as presented. Member Sims seconded the motion, with the vote being unanimous “aye”. Recommended Planning and Zoning Commission Action: Case File 2023-06-P __X__ Approved (CONDITIONS) _____ Deny Open a public hearing to consider approval of Faudree Road Development 8th Filing, being a replat of Lot 18, Block 1, Faudree Road Development, City of Odessa, Ector County, Texas (northwest of the intersection of E. Hwy 80 and N. Faudree Rd.) Ms. Quimiro gave the following presentation: The property involved in this replat request is located northwest of the intersection of E. HWY 80 and N. Faudree Rd. The site is zoned Light Commercial (LC) and is vacant. Land use in the area consists of drainage basin to the west, private recreational area to the south and commercial development to the north and east. The applicant is Mark Jones, owner, Maverick Engineering, agent, and the purpose of the replat is to create one (1) lot (approx. 0.709 AC) for residential development and ownership purposes Ms. Quimiro corrected the statement by saying it was not residential development. Platting Conference agenda and comments were sent to the consultant on January 10, 2023. Staff Comments: -- A Blanket refuse collection easement is noted on the plat. -- Ownership and original Tax Certificate needs to be submitted prior to filing the plat. -- Water & Sewer are available No Pro Rata is due -- This tract is partially in a special flood hazard area. -- The drainage report does not address off-site drainage from the east. Provided a drainage easement across Lot 21 to take off-site drainage across Lot 21 to the city detention Basin. Provided updated drainage report. -- Access is available via the access easement. -- Provide construction plans for a drainage structure into the City Basin. -- A Blanket Refuse Collection Easement Agreement will be required. -- Any work in the right of way or easements will require a permit from Engineering Division and must comply with current City Ordinances and policies Commission action is requested on the following item:  1. An Improvements Agreement will be required for drainage improvements. (Public Works) 2. A Blanket Refuse Collection Easement Agreement will be required (Public Works) Member Sims asked if it was going to be residential. Ms. Quimiro replied that to her knowledge it was not. She corrected her presentation to strike that part of the personation. She pointed to a photograph of the location and the access to the property which showed paved access and metal commercial buildings. Member Earls asked if it was not going to be residential then what it was going to be Ms. Quimiro stated that the consultant were not in attendance to ask. While Zoning is Light Commercial, residential was never mentioned. Hearing no further questions, Mr. Peacock ask, he then begins to open the public hearing and invite anyone who wished to speak in favor or against to come forward as well to state your name into speaker. With no one coming forward Chairman Peacock closed the public portion of the meeting and then turned to commission for discussion or motion. Member Marker moved for the plat be approved as presented. Member Russell seconded the motion, with the vote being unanimous “aye”. Recommended Planning and Zoning Commission Action: Case File 2023-72-P __X__ Approved (CONDITIONS) _____ Deny Open a public hearing to consider approval of the replat of the West half of Lots 17-18, Block 9, Canondale Addition, City of Odessa, Ector County, Texas (Northeast of the intersection of W. Murphy St. and S. Washington Ave.) Ms. Quimiro gave the following presentation: The property involved in this replat request is located northeast of the intersection of W. Murphy St. and S. Washington Ave. The site is zoned Light Industrial (LI) and is vacant. Land use in the area consists of residential uses to the north, vacant land to the west and commercial uses to the south and Light Industrial to the west. The applicant is A&A Properties, LLC, owner, S.W. Howell, agent and the purpose of the replat is to create one (1) lots (0.13 acre) for ownership purposes Platting Conference agenda and comments were sent to the consultant on January 10, 2023. Staff Comments: -- A Blanket refuse collection easement is noted on the plat. -- Original Tax Certificate needs to be submitted prior to filing the plat. -- Water & Sewer are available No Pro rata is due -- Drainage report need to be submitted. This tract is not in a special flood hazard area. -- Dedicate a 20’ cut-back at SW corner of Lot 19. -- Any work in the right of way or easements will require a permit from Engineering Division and must comply with current City Ordinances and policies Commission action is requested on the following item: 1. Add a note to the plat; Lot 19 shall not have direct access to W. Pearl St. (Public Works) Ms. Quimiro then asked if there were questions for City Staff. Hearing no further questions Chairman Peacock opened the public hearing and invited anyone wishing to speak in favor or against the request to come forward. Hearing no one come forward, Chairman Peacock turned to the Commission for discussion or motion. Member Russell moved for the plat to be approved as presented. Member Tercero seconded the motion, with the vote being unanimous “aye”. Chairman Peacock asked if there was any further business to discuss Ms. Quimiro welcome Mr. Stoker to the Planning & Zoning Commission as the new Appointee for District 3. There being no further business to come before the Commission, the meeting was adjourned at 1:58pm Lorrine Quimiro, Interim Director of Development, placed the minutes in the Minute Book on January 26, 2023 ______________________________ Jimmy Peacock, Chairman