Planning & Zoning Commission

Planning and Zoning, Minutes City Hall, 411 W 8th St. CITY COUNCIL CHAMBERS – FIFTH FLOOR November 2, 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 19, 2023. 2. CASE FILE NO. 2023-66-P (ETJ) Motion approving a final plat of the West Terminal Addition, 6th Filing, being a Replat of Lots 3 & 4, Block 1, West Terminal Addition, 2nd Filing and a 4.00- Acre tract in Section 2, Block 41, T-2-S T&P RR Co. Survey, Midland County, Texas, a subdivision of 18.5-acres out of Section 10, Block 43, T-2-S T&P RY Co. Survey, Ector County, Texas. (Generally located on the southwest corner of the intersection of W C R 100 and S C R 1301- Extra Territorial Jurisdiction) IV. PUBLIC HEARING The Planning and Zoning Commission will hold public hearing on the follow items: 3. CASE FILE NO. 2023-78-P Motion approving with staff recommend conditions for a proposed request by SW Howell for a Replat Lots 33 & 34, Block 9, Old Course Estates, 3rd Filing, an Addition to the City of Odessa, Ector County, Texas. (Generally, located on the east side of Tom Morris Road, approximately 140-feet north of Bastrop Ave. -Council District 2)  4. CASE FILE NO. 2023-79-P Motion approving with staff recommend conditions for a proposed replat of Lots 1-11, Block 1, Adams Subdivision, an Addition to the City of Odessa, Ector County, Texas. (Generally located on the southeast corner of the intersection of W. Murphy St. and Oak Ave-Council District 5) 5. CASE FILE NO. 2023-80-P Motion approving with staff recommend conditions for a proposed replat of Lots 1-11, Block 1, Adams Subdivision, an Addition to the City of Odessa, Ector County, Texas. (Generally located on the southeast corner of the intersection of W. Murphy St. and Oak Ave-Council District 5) 6. CASE FILE NO. 2023-82-P (ETJ) Motion approving with staff recommend conditions for a proposed request by SW Howell for a Replat of J Bar Estates, a subdivision of 5.74 acres situated in Section 9, Block 43, T-2-S T & P RY CO. Survey, Ector County, Texas. (Generally located on the west side of N Cypress Ave, approximately 550-feet south of W April St- Extraterritorial Jurisdiction) V. MISCELLANEOUS 7. CASE FILE NO. 2023-77-P Motion approving with staff’s recommended conditions for a proposed University Gardens, 11th Filing, being a Replat of Portion of Lots 6 & 7, Block 3, University Gardens Recorded in Volume 16, Pages 50-51, Ector County Plat Records, Odessa, Ector County, Texas. (Generally located on the northwest corner of the intersection of S John Ben Shepperd Pkwy Blvd and E Hwy 80 Service Road N -Council District 11) 8. CASE FILE NO. 2023-81-P (ETJ) Motion approving a request by LCA, for a Preliminary plat of Blackhawk Addition, 1st Filing, being a 20.03-acre tract located in Section 42, Block 43, T- 2-S T&P RR Co. Survey, Ector County, Texas. (Generally located on the southeast corner of the intersection of W Drivers Hall of Fame Street and S War Admiral Dr.-Extraterritorial Jurisdiction) 9. CASE FILE NO. 2023-83-P (ETJ) Motion approving a request by SW Howell for a Preliminary plat of Trident Addition, a subdivision of 18.5 acres out of Section 10, Block 43, T-2-S T&P RY CO. Survey Ector County, Texas. (Generally located on the north side of Meadowpark Ln, approximately 1880-feet west of Westfork Dr.- Extraterritorial Jurisdiction) VL. ADJOURN Be it said and remembered that at 1:30 p.m. on the 2nd day of November 2023, there came on and was held a Planning & Zoning meeting in the Council Chambers, 5th Floor, 411 W. 8th St., Odessa, Texas. MEMBERS PRESENT: Wayne Russell, Vice Chairman Jimmy Peacock Connie Coots Steve Tercero Connie Coots MEMBERS ABSENT: Lance Marker Craig Stoker OTHERS PRESENT: Maria Prieto, Planning Manager; James Reber, Planner; Cheynna Torres, Planning Tech, Gracie Rodriguez, Planning Tech, Joe Tucker, Director of Public Works, Yervand Hmayakyan, Engineer; Fara Hernandez, CIP Coordinator; Dan Jones, City Attorney The minutes of the November 2, 2023, Planning and Zoning Commission meet were approved, motion for approval being made by Commissioner Gary Sims, seconded by Commissioner Jimmy Peacock, with the vote being a unanimous “aye”. 3. Docket NO. 2023-66-P (ETJ) (Approved) Motion approving a final plat of the West Terminal Addition, 6th Filing, being a Replat of Lots 3 & 4, Block 1, West Terminal Addition, 2nd Filing and a 4.00-Acre tract in Section 2, Block 41, T-2-S T&P RR Co. Survey, Midland County, Texas, a subdivision of 18.5-acres out of Section 10, Block 43, T-2-S T&P RY Co. Survey, Ector County, Texas. (Generally located on the southwest corner of the intersection of W C R 100 and S C R 1301- Extra Territorial Jurisdiction) Vice Chairman Wayne Russell stated as consent items and turned to commission for motion, Commissioner Gary Sims approved as presented. Jimmy Peacock seconded the motion, with the vote being a unanimous "aye". Recommended Planning and Zoning Commission Action: Case File 2023-78-Z ____ Approved ___x__ Deny Detail of the Request: The property involved in this replat request is located on the east side of Tom Morris Road, approximately 140-feet north of Bastrop Ave. The site is currently zoned Planned Development-Housing (PD-H) and is occupied by a vacant land. Land use in the area consists of residential development to the north, south and west with the Odessa County Club to the east which is outside the city limits. The applicants are Kevin and Marcia Slater, owners, SW Howell, Inc., consultant, and the purpose of the request is to combine two lots to create one (1) lot for ownership purposes. Current Zoning: Light Commercial District, LC Planning:  Site Plan required due to property is located in a Planned Development (PD) Zoning District. Public Works:  Water and sewer are available. No pro rata is due.  Drainage report needs to be 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 of the short form plat of Replat of Lots 33 & 34, Block 9, Old Course Estates, 3rd Filing, subject to condition A thru E. Condition: A. That a Site Plan is submit and approved due to being in a Planned Development (PD) Zoning District B. That a drainage Report is submitted and approved prior to Final Plat approval. C. That an Improvement Agreement will be required D. Any work in the right of way or easement will require permit from the Engineering Division and must comply with current city ordinances and polices. E. Approval of this replat 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 Mr. James Reber presents: The applicants are Kevin and Marcia Slater, owners, SW Howell, Inc., consultant, and the purpose of the request is to combine two lots to create one (1) lot for ownership purposes. This request was routed to all respective departments for internal review. Comments were sent to the consultant for review on Oct. 24, 2023. Staff recommends approval of the Replat of Lots 33 & 34, Block 9, Old Course Estates, 3rd Filing, subject to condition A thru E. Staff is open for questions. Vice-Chairman Russell ask for any comments or concerns from public hearing and at this time Mr. Blas (Old Course Estates Residence) approaches the podium. Hello, I am Mr. Blas and I reside at 2902 Tom Morris Rd., and I would love a great neighbor, for our neighborhood. Then Mr. Russell proceeds to announce Public Hearing and if any other(s) would like to approach stating your name. Hearing none, turned to commission for a motion, Member Connie Coots moved the item be approve Case File No. 2023-78-P. Commissioner Steve Tercero seconded the motion, with the vote being a unanimous "aye". Recommended Planning and Zoning Commission Action: Case File 2023-79-P (ETJ) __X__ Approved _____ Deny Detail of the Request: The property involved in this replat request is located on the southeast corner of the intersection of W Murphy St. and Oak Ave. The site is currently zoned Light Industrial (LI) and is occupied by Industrial development. Land use in the area consist of industrial development to the north, east and south with vacant land to the west. The applicants are Alejandro and Karla Guiterrez, owners, SW Howell, Inc., consultant, and the purpose of the request is to combine eleven (11) lots to create two (2) lots for ownership purposes. Current Zoning: Light Commercial District (LC) This request has been routed to all respective departments for internal review. Comments were sent to the consultant for review on October 24, 2023. Planning:  Tax Statements will be required prior to filing of the plat. Public Works:  Water and Sewer are available. No pro rata is due.   Drainage report needs to be submitted. This tract is not in a special flood hazard area.  Provide 20’ cutbacks at both intersections.  Improvements Agreements will not be required.  Any work in the right of way or easement will require a permit from the Engineering Division and must comply with current City Ordinance and policies. Staff recommends approval of the short form plat of Replat of Lot 1-11, Block 1, Adams Subdivision subject to condition A thru E. Condition: A. That a Tax Certificate is submitted prior to filling the Final Plat. B. That a Drainage Report is submitted and approved prior to recording of the Plat. C. That a 20’ Cutback is provided at both intersections. D. That 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 polices. E. Approval of this replat 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 Mr. James Reber presents: The applicants are Alejandro and Karla Guiterrez, owners, SW Howell, Inc., consultant, and the purpose of the request is to combine eleven (11) lots to create two (2) lots for ownership purposes. This request has been routed to all respective departments for internal review. Comments were sent to the consultant for review on October 24, 2023. Staff recommends approval of the short form plat of Replat of Lot 1-11, Block 1, Adams Subdivision subject to condition A thru E. Staff is available for any questions or comments. Vice-Chairman Russell ask for any comments for staff. Opens a public hearing for question or concerns, hearing no one come forward, closes the public hearing. Mr. Russell turns to commission for a motion, Member Steve Tercero moved the item be approved. Commissioner Gary Sims seconded the motion, with the vote being a unanimous "aye". Recommended Planning and Zoning Commission Action: Case File 2023-80-P __X__ Approved _____ Deny Detail of the Request: The property involved in this replat request is located on the north side of W 8th St., approximately 190-feet east of Coronado Ave. The site is currently zoned Retail (R) and is occupied by multi-residential development. Land use in the area consists of single-family residential development to the north and west and multi- family residential development to the east with combined vacant land and office development to the south. The applicant is TX Woodcrest HAP, LP, owner, Guzman & Munoz Engineering and Surveying, Inc., consultant, and the purpose of the request is to create one (1) lot for multifamily residential development. Current Zoning: Retail (R) This request has been routed to all respective departments for internal review. Comments were sent to the consultant for review on October 24, 2023. Planning:  Indicate 8th Street as of W. 8th Street.  Indicate 10th Street as W 10th Street. Public Works:  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.  Label the lot as Lot 1, Block 1.  An Improvements Agreements will be required.  A Blanket Refuse Collection Easement Agreement will be required.  Any work in the right of way or easement will require a permit from the Engineering Division and must comply with current City Ordinances and policies. Staff recommends approval of the Replat of Woodcrest Apartments Subdivision, subject to condition A thru E. Condition: A. That the Final plat labels 8th street as W 8th Street, and 10th Street as W. 10th. B. That the Final Plat label the lot as Lot 1 Block 1 C. That the Blanket Refuse Collection Easement Agreement is provided.  D. That any work in the right of way or easement will require a permit from the Engineering Division and must comply with current City ordinances and polices. E. Approval of this replat 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 Mr. James Reber Presents: The applicant is TX Woodcrest HAP, LP, owner, Guzman & Munoz Engineering and Surveying, Inc., consultant, and the purpose of the request is to create one (1) lot for multifamily residential development. This request has been routed to all respective departments for internal review. Comments were sent to the consultant for review on October 24, 2023. Staff recommends approval of the Replat of Woodcrest Apartments Subdivision, subject to condition A thru E. Condition: At this time Mr. Peacock, Commissioner, addresses the property being an existing and why they were doing or needing to be replat. As Maria Prieto, Planning Manager, explains to the audience and commissioners. They will be separating a portion of the property to improve and creating a lot for ownership use for multi-family residence complex. Mr. Peacock proceeds to ask why they are needing to do this? Ms. Prieto states the ownership has changed, and will be separating from the Shopping Center Subdivision. The original Woodcrest is under Woodcrest Shopping Center Subdivision and recreating their own area. Mr. Sims ask if they will be selling the other section of the complex? Ms. Prieto answers with the portion they are selling is the part being replated and the new owners are replating to do multi residential. Mr. Peacock ask since it was in a Retail district not multi residential? Ms. Prieto says it is considered retail still, which is an allowed use in the zoning district, however, the company will be demolishing all the existing buildings and redo the apartments. In order for them to do this process they must replat their own section of the complex. Vice-Chairman Russell ask for any comments for staff. Opens a public hearing for question or concerns, hearing no one come forward, closes the public hearing. Mr. Russell turns to commission for a motion, Member Jimmy Peacock moved the item be approved by staff recommendations. Commissioner Steve Tercero seconded the motion, with the vote being a unanimous "aye". Recommended Planning and Zoning Commission Action: Case File 2023-82-P (ETJ) __X__ Approved _____ Deny Detail of the Request: The property involved in this replat request is located on the west side of N Cypress Ave, approximately 550-feet south of W April St. The site is located outside of the City of Odessa city limits and in the Extraterritorial Jurisdiction (ETJ). Land use in the area consists of residential development to the north, east and south with a combination of residential and industrial development to the west. The applicant is Ellen M Springfield, owner, S W Howell, Inc, consultant, and the purpose of the request is to create two (2) lots for development purposes. Current Zoning: Extraterritorial Jurisdiction (ETJ) This request has been routed to all respective departments for internal review. Comments were sent to the consultant for review on October 24, 2023. Planning:  Indicate correct Block No. as Block 3  N. Cypress Road is actually Cypress Road. Public Works:  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 sufficient size for water well and septic system.  Lots should d be Lot 9 & 10, Block 3. Staff recommends approval of the Replat of J Bar Estates, subject to condition A thru E. Condition: A. That the correct block number is indicated on the Final Plat. B. That the follow correction be made on the Final Plat of N. Cypress Road be change to Cypress Road. C. That the Lots should be label Lot 9 & 10, Block 3. D. That 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 polices.  E. Approval of this replat 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 Mr. James Reber presents: The applicant is Ellen M Springfield, owner, S W Howell, Inc, consultant, and the purpose of the request is to create two (2) lots for development purposes. This request has been routed to all respective departments for internal review. Comments were sent to the consultant for review on October 24, 2023. Staff recommends approval of the Replat of J Bar Estates, subject to condition A thru E. Vice-Chairman Russell ask for any comments for staff. Opens a public hearing for question or concerns, hearing no one come forward, closes the public hearing. Mr. Russell turns to commission for a motion, Member Connie Coots moved the item be approved by staff recommendations. Commissioner Gary Sims seconded the motion, with the vote being a unanimous "aye". Recommended Planning and Zoning Commission Action: Case File 2023-77-P __X__ Approved _____ Deny Detail of the Request: The property involved in this replat request is located northwest corner of the intersection of S John Ben Shepperd Pkwy Blvd and E Hwy 80 Service Road N. The site is currently zoned Light Commercial (LC) and is occupied by a vacant commercial structure. Land use in the area consists of commercial development to the north and east, with industrial development to the south and west. The applicant is Anong Corporation, owner, LCA, consultant, and the purpose of the request to replat is to create one (1) lot for ownership purposes. Current Zoning: Light Commercial District (LC) This request has been routed to all respective departments for internal review. Comments were sent to the consultant for review on October 24, 2023. The Staff Comments are below. Planning:  Tax Statements required prior to filing of the plat Public Works:  Water and Sewer are available. No pro rata is due.  Drainage report needs to be submitted. This tract is not in a special flood hazard area.  Improvements Agreements will not be required.  A Blanket Refuse Collection Easement Agreement will be required.  Any work in the right of way or easement will require a permit from the Engineering Division and must comply with current City Ordinance and policies. Staff recommends approval of the replat of University Gardens, 11th Filing, subject to condition A thru E. Condition: A. That a Tax Certificate is submitted prior to filling the Final Plat. B. That a Drainage Report is approved prior to the recording of the Plat. C. That a Drainage Report is approved prior to the recording of the Plat. D. That 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 polices. E. Approval of this replat 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 Mr. James Reber presents: The applicant is Anong Corporation, owner, LCA, consultant, and the purpose of the request to replat is to create one (1) lot for ownership purposes. This request has been routed to all respective departments for internal review. Comments were sent to the consultant for review on October 24, 2023. The Staff Comments are below. Staff recommends approval of the replat of University Gardens, 11th Filing, subject to condition A thru E. Vice-Chairman Russell ask for any comments, stating this is not a public hearing, Hearing none, turned to commission for a motion, Member Jimmy Peacock moved the item be approved. Commissioner Steve Tercero seconded the motion, with the vote being a unanimous "aye". Recommended Planning and Zoning Commission Action: Case File 2023-81-P (ETJ) __X__ Approved _____ Deny Detail of the Request: The property involved in this replat request is located southeast on the corner of the intersection of W. Drivers Hall of Fame Street and War Admiral Drive. The site is located outside of the City of Odessa city limits and in the Extraterritorial Jurisdiction (ETJ). Land use in the area consists of vacant land to the north, east, south and west. The applicant is L.A.M. Properties Management, LLC, owner, LCA, consultant, and the purpose of the request is to create seven (7) lots for development purposes. Current Zoning: Extraterritorial Jurisdiction (ETJ) This request has been routed to all respective departments for internal review. Comments were sent to the consultant for review on October 24, 2023. The Staff comments are below. Planning:  Drivers Hall of Fame Street should be W Drivers Haul of Fame Street.  War Admiral Drive should be S War Admiral Drive.  Tax statements will be required prior to filing the plat. Public Works:  This tract is outside the city limits and is in the ETJ.  Water and sewer are not available.  Drainage report has been submitted. This tract is not in a special flood hazard area.  Provide dedication document for W. Drivers Hall of Fame Street.  Provide dedication document for War Admiral Drive.  Property does not have paved access. Submit paving plans to Ector County Public Works for review and acceptance.  Lots are of sufficient size for water well and septic.  Provide a 20’ cutback at the southeast corner of War Admiral Drive and W. Drivers Hall of Fame Street. Staff recommends approval of the Blackhawk Addition, 1st Filing, subject to condition A thru F. Condition: A. That a Tax Certificate is submitted prior to filing the Final Plat.  B. That a Drainage Report is approved prior to the recording of the Plat. C. Provide dedication document for W. Drivers Hall of Fame Street. D. Property does not have paved access. Shall Submit paving plans to Ector County Public Works for review and acceptance. E. Shall Provide a 20’ cutback at the southeast corner of War Admiral Drive and W. Drivers Hall of Fame Street. F. Approval of this replat 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 Mr. James Reber presents: The applicant is L.A.M. Properties Management, LLC, owner, LCA, consultant, and the purpose of the request is to create seven (7) lots for development purposes. This request has been routed to all respective departments for internal review. Comments were sent to the consultant for review on October 24, 2023. The Staff comments are below. Staff recommends approval of the Blackhawk Addition, 1st Filing, subject to condition A thru F. Mr. Peacock ask what the correct name of the street, H A L L of Fame or H A U L of Fame. Ms. Prieto approaches the podium and indicates Drivers Hall was previously H A U L, however, there was a street I believe abandonment, and turns to Mr. Landgraff for further answers. To which Mr. Landgraff approaches the podium and states “There is not a clear answer”. “It has always been H A U L on maps and dedications, and there is one piece of dedication ROW HALL but I think the intent is Haul, one document changed along the way hall”. I believe we are keeping the document as H a u l- instead of the H a ll on this plat because that section was dedicated. Mr. Peacock ask again because the plat did indicate the H a l l, which we will be changing to H a u l. Ms. Prieto indicates when this plat was first presented, it was indicated as hall, previous plats was haul recorded. They were asking for ROW Dedication for item C; Provide dedication document for W. Drivers Hall of Fame Street, which was actually indicated War Admiral. As we have submitted it as our good friend John Baldwin donated that. Vice-Chairman Russell turned to commission for a motion, Member Steve Tercero moved the item be approved. Commissioner Connie Coots seconded the motion, with the vote being a unanimous "aye". Recommended Planning and Zoning Commission Action: Case File 2023-83-P (ETJ) __X__ Approved _____ Deny Detail of the Request: The property involved in this replat request is located the north side of Meadowpark Ln, approximately 1880-feet west of Westfork Dr. The site is located outside of the City of Odessa city limits and in the Extraterritorial Jurisdiction (ETJ). Land use in the area consists of residential development to the north and west with vacant land to the east and south. The applicant is Jesus A Garcia, owner, S W Howell, Inc, consultant, and the purpose of the request is to create three (3) lots for residential development purposes. Current Zoning: Extraterritorial Jurisdiction (ETJ) This request has been routed to all respective departments for internal review. Comments were sent to the consultant for review on October 24, 2023. Staff comments are below: Planning:  Remove statement from signature block indication “By Maria Prieto Director of Planning”. Public Works:  This tract is outside the city limits and is in the ETJ.  Water and sewer are not available.  Drainage report has been submitted. This tract is not in a special flood hazard area.  Lots are sufficient size for water well and septic system.  Street is private. Submit documentation from owner of street allowing use for access. Staff recommends approval of the Preliminary Plat of Trident Addition, subject to condition A thru D. Condition: A. Remove statement from signature block indicating “By Maria Prieto Director of Planning”. B. Street is private. Submit documentation from owner of street allowing use for access. C. That a Drainage Report is approved prior to the recording of the Plat. D. . Approval of this replat 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 Mr. James Reber presents: The applicant is Jesus A Garcia, owner, S W Howell, Inc, consultant, and the purpose of the request is to create three (3) lots for residential development purposes. This request has been routed to all respective departments for internal review. Comments were sent to the consultant for review on October 24, 2023. Staff comments are below. Staff recommends approval of the Preliminary Plat of Trident Addition, subject to condition A thru D. Vice-Chairman Russell ask for any comments, Hearing none, turned to commission for a motion, Member Gary Sims moved the item be approved. 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 1:47 pm. Cheynna Torres, Planner, placed the minutes in the Minute Book on November 3, 2023. ___________________________ Wayne Russell, Vice-Chairman