Planning & Zoning Commission

Planning and Zoning, Minutes City Hall, 411 W 8th St. CITY COUNCIL CHAMBERS – FIFTH FLOOR October 18, 2023 1:30 P.M. OPENING ITEMS I. Call to Order II. Pledge of Allegiance and Texas Pledge Honor the Texas Flag, I pledge allegiance to thee; Texas one State under God, one and indivisible. III. CONSENT ITEMS 1. Consider approval of the Planning and Zoning Meeting Minutes for October 6, 2023. 2. CASE FILE NO. 2023-62-P Motion approving the Final Plat of Yukon Ridge Commercial, 2nd Filing, being a 5.52-acre tract of land situated in Section 2, Block 42, T-2-S, T&P RR Co. Survey, City of Odessa, Ector County, Texas. (Generally located southwest of the intersection of N. Grandview Ave approximately 852-feet south of E Yukon Road- District 4) 3. CASE FILE NO. 2023-76-P Motion approving the Final Plat of Windmill Crossing Addition, 1st Filing, being a plat of an 18.60-acre tract of land situated in Section 27, Block 42, T-1-S, T&P Railway, Co., Survey, City of Odessa, Ector County, Texas. (Generally located on the southeast intersection of Andrews Hwy and E 100th St. – District 4).  4. CASE FILE NO. 2023-65-P(ETJ) Motion approving the Final Plat of Hillmont Estates, 3rd Filing, being a replat of Lots 15- 44, Block 4, Lots 14-41, and common area “A” Block 3, Hillmont Estates, 1st filing Correction Plat, Ector County, Texas (Generally located northeast of the intersection of Andrews Highway and East Hillmont Rd - Extraterritorial Jurisdiction). IV. PUBLIC HEARING The Planning and Zoning Commission will hold public hearing on the follow items: 5. CASE FILE NO. 2023-04-Z Consider a request by Eli Hernandez for a Specific Use Permit on Lot 5, Block 1, Evans Addition, 3rd Filing Being a 3.85 Acre Tract of Land located in Sections 38, and Section 39 Section 31, Block 42, T-1-S, T& P R.R., Co. Survey, City of Odessa, Ector County, Texas.(Generally located on the northwest side of the intersection of E 87th St. and Evans Blvd. –District 4). V. MISCELLANEOUS 6. CASE FILE NO. 2023-72-P Motion approving with staff’s recommended conditions, a proposed Replat of the Replat of the west 58.2- feet of Lot 15, Malone Subdivision, an Addition to the City of Odessa, Ector County, Texas. (Generally located southeast of the intersection of N Washington Ave approximately 328-east of Carolyn Drive – District 3). 7. CASE FILE NO. 2023-73-P (ETJ) Motion approving with staff’s recommended conditions, a proposed Short Form of Lot 4, Block 4, Gunsmoke Subdivision, being a 3.22-acres out of Section 9, Block 42, T-3-S, T&P, RY Co. Survey, Ector County, Texas. (Generally located on the northwest corner of the intersection of Angel Trail S Holloman Ave - Extraterritorial Jurisdiction). 8. CASE FILE NO. 2023-74-P (ETJ) Motion approving with staff’s recommended conditions, a proposed Short Form of Lots 15 & 16, Block 9, of the Replat of Lots 4 and 5, Block 9, Ponderosa Estates East, 7th Filing, Section 4, Block 41, T-2-S, T. & P. RY. Co. Survey, Ector County, Texas. (Generally located on the southeast corner of Brandon Ct. approximately 335-feet east on Sleepy Hollow St. - Extra- Territorial Jurisdiction – Extraterritorial Jurisdiction)  VL. ADJOURN Be it said and remembered that at 1:34 p.m. on the 19th day of October 2023, there came on and was held a Planning & Zoning Commission meeting in the Council Chambers, 5th Floor, 411 W. 8th St., Odessa, Texas. MEMBERS PRESENT: Jimmy Peacock Craig Stoker Steve Tercero Gary Sims MEMBERS ABSENT: Wayne Russell, Vice Chairman Lance Marker OTHERS PRESENT: Elizabeth Shaughnessy, Director of Development, James Reber, Planner; Cheynna Torres, Planning Tech, Gracie Rodriguez, Planning Tech, Joe Tucker, Director of Public Works, Yervand Hmayakyan, Engineer; Dan Jones, City Attorney, John Beckmeyer, City Manager The minutes of the October 6, 2023, Planning and Zoning Commission meet were approved, motion for approval being made by Commissioner Gary Sims, seconded by Commissioner Steve Tercero, with the vote being a unanimous “aye”. 2. Docket NO. 2023-62-P Motion approving the Final Plat of Yukon Ridge Commercial, 2nd Filing, being a 5.52-acre tract of land situated in Section 2, Block 42, T-2-S, T&P RR Co. Survey, City of Odessa, Ector County, Texas. (Generally located southwest of the intersection of N Grandview Ave approximately 852-feet south of E Yukon Rd – District 4) Acting Chairman Jimmy Peacock, then turned to commission for motion, Commissioner Gary Sims approved as presented. Steve Tercero seconded the motion, with the vote being a unanimous "aye".  3. Docket NO. 2023-76-P Motion approving a Final Plat of Windmill Crossing Addition, 1st Filing, being a plat of an 18.60-acre tract of land situated in Section 27, Block 42, T-1-S. T & P Railway Co. Survey, City of Odessa, Ector County, Texas. (Generally located on the southeast intersection of Andrews Hwy and E 100th St.. – District 4). Acting Chairman Jimmy Peacock, turned to commission for Item three on the agenda to be pulled, Commissioner Gary Sims approved as presented. Steve Tercero seconded the motion, with the vote being a unanimous "aye". 4. Docket NO. 2023-65-P(ETJ) Motion approving the Final Plat of Windmill Crossing Addition, 1st Filing, being a plat of an 18.60-acre tract of land situated in Section 27, Block 42, T-1-S, T&P Railway, Co., Survey, City of Odessa, Ector County, Texas. (Generally located on the southeast intersection of Andrews Hwy and E 100th St. – District 4). Acting Chairman Jimmy Peacock, then turned to commission for motion, Commissioner Gary Sims approved as presented. Steve Tercero seconded the motion, with the vote being a unanimous "aye". Recommended Planning and Zoning Commission Action: Case File 2023-04-SUP ____ Approved ___x__ Deny Detail of the Request: Consider a request by Eli Hernandez, applicant for a Specific Use Permit on Lot 5, Block 1, Evans Addition, 3rd Filing. The site is zoned Retail (R) and occupied by commercial development use. Land use in the general area consists of Retail development to the south, east and west, and residential development to the north. The Planning and Zoning Commission gave preliminary approval to this request on September 21, 2023, with conditions. A site plan has been prepared indicating the location of the said tavern (bar) within a retail development. The proposed tavern (bar) will have a total floor area of approximately 3.600 sq. ft. and is required to have 33 vehicle parking spaces. The retail shopping development has approximately 150 parking spaces. Current Zoning: R, Retail District This request has been routed to all respective departments for internal review. The comments are below: Planning:  Vehicle parking Layout on file. Ector County 911: No comments. Public Works No comments. GIS: No comments. TXDOT: No comments CRMWD: No comments PERMIAN BASIN MPO: No comments If the Commission chooses to approve this request, the Planning Staff recommends adoption of the following conditions: 1. Will need to comply with the TABC requirements. 2. Any signs need to meet zoning ordinances requirements. 3. Adoption of the site plan. Staff recommends approval of the use of this Specific Use permit project is a reasonable use and will not conflict with the adjacent land uses. Mr. Reber gave the following presentation: Eli Hernandez, applicant for a Specific Use Permit on Lot 5, Block 1, Evans Addition, 3rd Filing. The site is zoned Retail (R) and occupied by commercial development use. Land use in the general area consists of Retail development to the south, east and west, and residential development to the north. The Planning and Zoning Commission gave preliminary approval to this request on September 21, 2023, with conditions. A site plan has been prepared indicating the location of the said tavern (bar) within a retail development. The proposed tavern (bar) will have a total floor area of approximately 3.600 sq. ft. and is required to have 33 vehicle parking spaces. The retail shopping development has approximately 150 parking spaces. If the Commission chooses to approve this request, the Planning Staff recommends adoption of the following conditions: 1. Will need to comply with the TABC requirements.  2. Any signs need to meet zoning ordinances requirements. 3. Adoption of the site plan. Staff recommends approval of the use of this Specific Use permit project is a reasonable use and will not conflict with the adjacent land uses. Acting Chairman Jimmy Peacock, opens a public hearing, for discussion or comments and at this time John Carriage approached the podium. Following comments was made “Owners are wanting to open up this lounge-Bar, as well going to make arrangements with pizza hut as well as the other establishments for their food such as order for their customers for delivery. This is not necessarily a bar but such as a laid back lounge-No crazy wild bar. The designs are really good and will fit in with the other areas.” Then Acting Chairman ask if any other additional questions were asked from the audience to such come forwards, Hearing none, Acting Chairman closed the public portion and turned to commission for motion or questions of staff. Commissioner Gary Sims moves to approval, Commissioner Steve Tercero seconded the motion, with the vote being a unanimous "aye". Recommended Planning and Zoning Commission Action: At this time Ms. Shaughnessy asked for the item that was pulled from the agenda to be brought back for Public Hearing and at this time Commissioner Jimmy Peacock (acting chairman) returns the following case as a public hearing. 3. Case File No. 2023-76-P Motion approving a Final Plat of Windmill Crossing Addition, 1st Filing, being a plat of an 18.60-acre tract of land situated in Section 27, Block 42, T-1-S. T & P Railway Co. Survey, City of Odessa, Ector County, Texas. (Generally located on the southeast intersection of Andrews Hwy and E 100th St.. – District 4). Detail of the Request: The applicant is Betenbough Homes, owner, Maverick Engineering, consultant, and the purpose of the plat is to create seventy eight (78) lots for residential development with common area described “A”. The Planning & Zoning Commission gave preliminary approval to this request on September 21, 2023, with conditions. Current zoning: SPD, Special Dwelling District, and SPD-SD, Special Dwelling District- Surface Drainage  This request has been routed to all respective departments for internal review. The comments are below: Planning:  Included covenants on plat. Please submit recorded copy of covenants.  Include PID information on the plat  Indicate if “Common Areas” will be for Park or Easement Ector County 911: No comments Public Works No comments GIS: No Comments TxDot: No Comments CRMWD: No comments Permian Basin MPO: No comments Staff recommends approval of the Final Plat of Windmill Crossing Addition, 1st Filing, subject to condition A. Condition: A. Approval of this plat is subject to all plat comments, conditions, and requirements must be satisfied by all pertinent City departments before filing for recording with County Clerk of Ector County, Texas. Ms. Shaughnessy gave the following presentation: The applicant is Betenbough Homes, owner, Maverick Engineering, consultant, and the purpose of the plat is to create seventy-eight (78) lots for residential development with common area described “A”. We pulled this item because we need to add two more items to the conditions so that it would meet the conditions A-Z. “A” would stay in place and B would be execution of the improvement’s agreement be in place and C would be a correction Plat as well would need to be executed once the PID is approved. And at this time Commissioner, Gary Sims, ask if any part of the PID has been completed, or stages on where it is at. To which Ms. Shaughnessy answers the process it is in, the execution of the Improvements Agreement as well the PID’s as well in the works, and on the final review. As she turns to Legal Attorney, Dan Jones, which he nods in agreement. At this time Jimmy Peacock opens the Public hearing for anyone in audience to questions or discussion. Hearing no one has questions or discussion, Closes the public portion and turns to commission for motion or discussion. Gary Sims, Commissioner, moves to approve 2023-76-P as  presented. Craig Stoker, commissioner, seconds the motion with the vote being a unanimous "aye". Case File 2023-72-P ____ Approved ___x__ Deny Detail of the Request: The applicant is Alma Uribe, owner, SW Howell, consultant, and the purpose of the plat is to create one (1) lots for residential development. Current Zoning: LC, Light Commercial District This request has been routed to all respective departments for internal review. The comments are below: PLANNING:  Certificate of Ownership is required.  25 ft. Building Setback Line needs to be indicated on the plat. ECTOR COUNTY 911: No comments. PUBLIC WORKS:  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. 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. GIS: No comments. TxDOT: No comments. CRMWD: No comments. PERMIAN BASIN MPO: No comments. Staff recommends approval of the Replat of the west 58.2- feet of Lot 15, Malone Subdivision, subject to condition A. Condition: A. Approval of this plat is subject to all plat comments, conditions, and requirements must be satisfied by all pertinent City departments before filing for recording with the County Clerk of Ector County, Texas. James Reber, Planner, presents. The applicant is Alma Uribe, owner, SW Howell, consultant, and the purpose of the plat is to create one (1) lots for residential development. This request has been routed to all respective departments for internal review. The comments are below: Condition: A. Approval of this plat is subject to all plat comments, conditions, and requirements must be satisfied by all pertinent City departments before filing for recording with the County Clerk of Ector County, Texas. Acting Chairman, Jimmy Peacock, turned to staff for discussion or motion, Commissioner Gary Sims moves to approve, Commissioner Craig Stoker seconded the motion, with the vote being a unanimous "aye". Recommended Planning and Zoning Commission Action: Case File 2023-73-P __X__ Approved _____ Deny Detail of the Request: The applicants are Saul & Inez Rodriguez, owners, SW Howell, consultant, and the purpose of the Short Form plat is to create three (3) lots for ownership purposes. Current Zoning: Extraterritorial Jurisdiction (ETJ) This request has been routed to all respective departments for internal review. The comments are below. Planning:  Recommend submit Tax Statements prior to filing the plat. Rename common areas.  Revise Director of Development signature block to only read Director of Development. Public Works:  This tract is outside the city limits and is in the ETJ.  Water and sewer are not available.  Lots are sufficient size for water well & septic.  Drainage report has been submitted. This tract is not in a special flood hazard area 911 Ector County: No comments GIS: No comments TxDOT: No comments. CRMWD: No comments. PERMIAN BASIN MPO: No comments. Staff recommends approval of the Short Form Plat of Replat of Lot 4, Block 4, Gunsmoke Subdivision, subject to condition A. Condition: Approval of this preliminary plat is subject to all plat comments, conditions, and requirements must be satisfied by all pertinent City departments before filing for recording with the County Clerk of Ector County, Texas. Attachments Application Proposed Plat Maps James Reber, Planner, presents. The applicants are Saul & Inez Rodriguez, owners, SW Howell, consultant, and the purpose of the Short Form plat is to create three (3) lots for ownership purposes. This request has been routed to all respective departments for internal review. The comments are below. Condition: Approval of this preliminary plat is subject to all plat comments, conditions, and requirements must be satisfied by all pertinent City departments before filing for recording with the County Clerk of Ector County, Texas. Acting Chairman, Jimmy Peacock, turned to staff for discussion or motion, Commissioner Steve Tercero moves to approve, Commissioner Craig Stoker seconded the motion, with the vote being a unanimous "aye". Case File 2023-74-P (ETJ) __X__ Approved _____ Deny Detail of the Request: The applicant is Shihab Diais, owner, SW Howell, consultant, and the purpose of the Short Form plat is to create three (3) lots for ownership purposes. Current Zoning: ETJ, Extraterritorial Jurisdiction This request has been routed to all respective departments for internal review. The comments are below: This request has been routed to all respective departments for internal review. The comments are below. Planning:  Need warranty deed for Lot 16. Warranty Deed on file is only for 1 lot, Lot 15, 2.42 sq. ft., need Lot 16 warranty deed. Public Works:  This tract is outside the city limits and is in the ETJ.  Water and sewer are not available.  Lots are big enough for septic and water well.  Drainage report has been submitted. This tract is not in a special flood hazard area. 911 Ector County: No comment GIS: No comments TX Dot: No comment CRMWD: No Comment Permian Basin MPO: No comment Staff recommends approval of the proposed Short Form plat of the Replat of Lots 15 & 16, Block 9, of the Replat of Lots 4 and 5, Block 9, Ponderosa Estates East, 7th Filing, subject to condition A.. Condition: A. Approval of this preliminary plat is subject to all plat comments, conditions, and requirements must be satisfied by all pertinent City departments before filing for recording with the County Clerk of Ector County, Texas. Attachments Proposed Plat Maps James Reber, Planner, presents. The applicant is Shihab Diais, owner, SW Howell, consultant, and the purpose of the Short Form plat is to create three (3) lots for ownership purposes. Current Zoning: ETJ, Extraterritorial Jurisdiction This request has been routed to all respective departments for internal review. The comments are below: This request has been routed to all respective departments for internal review. The comments are below. Condition: A. Approval of this preliminary plat is subject to all plat comments, conditions, and requirements must be satisfied by all pertinent City departments before filing for recording with the County Clerk of Ector County, Texas. Acting Chairman, Jimmy Peacock, turned to staff for discussion or motion, Commissioner Gary Sims moves to approve, Commissioner Steve Tercero 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 1:46 pm. James Reber, Planner, placed the minutes in the Minute Book on October 19, 2023. ___________________________ Wayne Russell, Vice-Chairman