Planning & Zoning Commission

Planning and Zoning, Minutes City Hall, 411 W 8th St. CITY COUNCIL CHAMBERS – FIFTH FLOOR December 7, 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 November 16, 2023. 2. CASE FILE NO. 2023-83-P (ETJ) Motion approving a Final 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) IV. PUBLIC HEARING The Planning and Zoning Commission will hold public hearing on the follow items: 3. CASE FILE NO. 2023-17-Z Consider a request by Maria De Los Angeles Corrales for a zone change from SF- 3, Single-Family Residence District-3, to GR, General Residence District, on Graham Subdivision, Block 42, the S 32 of Lot 12 and N 18 of Lot 13, Odessa, Ector County, Texas. (Generally located on the east side of S Alleghaney Ave, approximately 460- feet south of W Clements St – Council District 1) V. MISCELLANEOUS  4. CASE FILE NO. 2023-86-P(ETJ) Motion approving with staff’s recommended conditions for a proposed Preliminary Plat of Eicher Addition, a Subdivision of 6.00 Acres Out of Section 6, Block 41, T-1-S, T. & P. RY. CO. Survey, Ector County, Texas. (Generally located on the southeast corner of the intersection of E. Marigold Street and N. Hollyhock Avenue- Extraterritorial Jurisdiction) 5. CASE FILE NO. 2023-98-P (ETJ) Motion approving with staff’s recommended conditions for a proposed Replat of Hillmont Estates, 4th Filing, being a Replat of the Common Area “A”, Block 3, Correction Plat of Hillmont Estates, 1st Filing, Ector County, Texas. (Generally located on the north side of Boxelder Drive, approximately 50-feet north of Barberry Way – Extraterritorial Jurisdiction) 6. CASE FILE NO. 2023-99-P(ETJ) Motion approving with staff’s recommended conditions for a proposed Preliminary Plat of Replat of Lot 4, Block 18 Sunset Heights, a Subdivision of 0.96 Acres Situated in Section 3, Block 42, T-2-S, T. & P. RY. CO. Survey, Ector County, Texas. (Generally located on the east side of N. Kermit Ave, approximately 280-feet south of E VFW Ln – Extraterritorial Jurisdiction) VL. ADJOURN Be it said and remembered that at 1:34 p.m. on the 7th day of December 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 Craig Stoker MEMBERS ABSENT: Lance Marker Gary Sims Steve Tercero OTHERS PRESENT: Elizabeth Shaughnessy, Director of Development; Maria Prieto, Planning Manager; James Reber, Planner; Cheynna Torres, Planning Tech, Joe Tucker, Director of Public Works; Yervand Hmayakyan, Engineer; Dan Jones, City Attorney; William Mason, Assistant City Attorney The minutes of the December 7, 2023, Planning and Zoning Commission meet were approved, motion for approval being made by Commissioner Jimmy Peacock, seconded by Commissioner Connie Coots, with the vote being a unanimous “aye”. 3. Docket NO. 2023-83-P (ETJ) (Approved) Motion approving a Final 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) Vice Chairman Wayne Russell stated as consent items and turned to commission for motion, Commissioner Jimmy Peacock approved as presented. Connie Coots seconded the motion, with the vote being a unanimous "aye". Recommended Planning and Zoning Commission Action: 2023-17-Z (Denied) ______ Approved ____X__ Deny _____ Directional/Informational Detail of the Request: The applicant, Maria De Los Angeles Corrales, is requesting a zone change from Single Family-Three (SF-3) Zoning District to a General Residence (GR) Zoning District, on a .1286 acre-tract of land located in Graham Subdivision, Block 42, the S 32 of Lot 12 and N 18 of Lot 13, Odessa, Ector County, Texas. Current Zoning: SF-3, Single Family Residence District-3 Surrounding Land Use: Properties located to the north, east, south and west are zoned Single Family-Three (SF-3) Zoning District. Analysis: The property involved in this request is located on the east side of S Alleghany Ave, approximately 460-feet south of W Clements St. The site is currently designated Single Family Residence District-3 (SF-3) and is currently vacant. The applicant is Maria De Los Angeles Corrales, owner, and the purpose of the zone change request is to locate a mobile home unit on the lot. Using the City’s identified priorities contained in the City of Odessa’s Comprehensive Plan to evaluate zoning amendments the following comments are offered: Comprehensiveness’ This change is contrary to the established land use pattern of a single-family development, and also would create an isolated district which called “spot zoning.” The age and quality of the dwelling units in this area are above average and the Comprehensive Plan recommends that the single-family residences in this particular neighborhood should be subject to conservation measures to preserve the present quality of the area, and not allowing a further decline is housing quality. Livability’s The proposed zoning would have a negative impact on this site and surrounding properties and would set the precedence for similar “spot” zoning. The proposed zoning to place a mobile home will be out of line with development in the area. Change Conditions – This area has not been deteriorating and homes have been reasonably maintained considering the age of the area. Therefore, land use conditions have not changed in a manner that would warrant this request. Reasonableness’ The requested change is not out of scale with the needs of the city, however, more suitable locations for mobile home development are available in other areas specifically designed for similar uses. An alternative may be the use of a modular housing unit as opposed to a mobile home, making rezoning unnecessary. PLANNING: Lot will need to be platted prior to development.  PUBLIC WORKS: No comments. GIS: No comments. The Planning staff cannot support this request for the above-mentioned reasons and also because of the consequences or the effect of this request in creating a precedent for other properties in this neighborhood. Attachments: Area zoning/notification map Aerial map List of uses in a SF-3 Single Family-Three District List of uses allowed in a GR, General Residence District Mr. James Reber presents: The applicant, Maria De Los Angeles Corrales, is requesting a zone change from Single Family-Three (SF-3) Zoning District to a General Residence (GR) Zoning District, on a .1286 acre-tract of land located in Graham Subdivision, Block 42, the S 32 of Lot 12 and N 18 of Lot 13, Odessa, Ector County, Texas. Properties located to the north, east, south, and west are zoned Single Family-Three (SF-3) Zoning District. The property involved in this request is located on the east side of S Alleghany Ave, approximately 460-feet south of W Clements St. The site is currently designated Single Family Residence District-3 (SF-3) and is currently vacant. The applicant is Maria De Los Angeles Corrales, owner, and the purpose of the zone change request is to locate a mobile home unit on the lot. Comprehensiveness’ This change is contrary to the established land use pattern of a single-family development, and also would create an isolated district which called “spot zoning.” The age and quality of the dwelling units in this area are above average and the Comprehensive Plan recommends that the single-family residences in this particular neighborhood should be subject to conservation measures to preserve the present quality of the area, and not allowing a further decline is housing quality. Livability’s The proposed zoning would have a negative impact on this site and surrounding properties and would set the precedence for similar “spot” zoning. The proposed zoning to place a mobile home will be out of line with development in the area. Change Conditions – This area has not been deteriorating and homes have been reasonably maintained considering the age of the area. Therefore, land use conditions have not changed in a manner that would warrant this request. Reasonableness’ The requested change is not out of scale with the needs of the city, however, more suitable locations for mobile home development are available in other areas specifically designed for similar uses. An alternative may be the use of a modular housing unit as opposed to a mobile home, making rezoning unnecessary. Staff ask if you should have any further questions. Commissioner Jimmy Peacock ask, “Is spot zoning illegal, or what is spot Zoning”? Staff, Ms. Prieto approached the podium, answering Mr. Peacock with stated definition “Spot Zoning refers to one location zoned different from the surrounding area”. Continues with the request of the applicant by saying Applicant plans to have generals on that lot and Single family 3 in the other surrounding area. Mr. Peacock continues to ask; generally spot zoning means generally illegal and not preferred. Ms. Prieto confirms not preferred as will change the setting for the area, to which is preferred not to. Ms. Elizabeth Shaughnessy (Director of Development) stands to podium to help clarify the Spot zoning by saying “to answer the question, not illegal to do because everyone has the ability to come and ask for such request”. Trying to keep the character of a neighborhood, Consistent. “By allowing this use and zone change, we are not changing the characteristic of a neighborhood. When a neighborhood has been established, we try to keep the trend of the houses going in the area, and that’s what the whole meaning of spot zoning is”. Mr. Russell ask if he is seeing correctly, the mobile homes in the area already, as being seen in the presentation. Ms. Prieto answers yes, in 2018 one of the council members asked for General Residence to Single Family three, the mobile homes in the area were allowed to be there and be maintained. However, there was a 6 month time, if you were to move a mobile home out of there, you were able to replace with a new one. Going forward they stopped the allowance for placing a mobile home, because of the zone change to Single Family Three. Those that were already there, were allowed to be maintained, and replace only if needed. Mr. Peacock states, there is no possible chance to build a grandfathered if nothing is on the lot. Ms. Prieto replies, correct. Mr. Wayne Russell, Chairman, ask if any additional questions for staff? Then begins to open a Public Hearing as Ms. Corrales (Landowner) “I live at 1316 Allegaheny, and across the street is her lot at 1315. (Ms. Shaughnessy translates) I bought the land and I do not own a house or able to qualify for one either, however I did not know I was not able to place a mobile home here. (Ms. Shaughnessy translates, she did not know he could place a mobile home on this lot) I applied for a trailer, a mobile home, when I took out a permit, they let me know I was unable to place the mobile home on this lot. I don’t have the funds to build a house and where I live is not mine. (Ms. Shaughnessy translates as she applied for mobile home loan and got approved for only Mobile Home) 1322 is where my daughter lives down the street and she lives in a mobile home, when that one starts deteriorating, what is she going to do. Ms. Shaughnessy answers her in Spanish “Since that mobile home is already there, she is able to do repairs or replace with a new one since the lot is a grandfather lot”. At this time Vice Chairman ask if any other concerns or comments, and closes the public portion, Mr. Peacock states this is a hard decision to come to since the existing area are mobile home and the idea for the area was already decided by council, this is a hard call. Private interest vs. public interest, city made a determination a few years ago to promote the quality of life for this specific area by changing the zoning. In this aerial map was provided, the number of mobile homes already established and a few where you could build a house instead of a mobile home. Question is if we go with staff recommendations in deemed in what the best interest is to go with what is best for the city or rights of an individual. I would like some comments or suggestions and turns to his fellow commissioners. Mr. Wayne Russell stated that not sure if we could allow this as there are multiple in the area. “Personally, not sure if allowing this will not help the city”, Mr. Russell comments. Mr. Craig Stoker, Commissioner, mentions if they’re any city programs, which could help her build a house, such as community development  block-aid funds for repairs. All commissioners speak Odessa housing may. Ms. Connie Coots, Commissioner, mention other funds she may be able to apply for but not specifically for that area. For recommendations I am unsure if we are able to provide some or ideas. Mr. Peacock states “We either approve or reject, as tabling this will not do any good”. Mr. Peacock motions with staff recommendations and deny this request, as my feelings otherwise makes my decision to this, Connie Coots Seconds the Motion, Mr Russell speak in all in favor, with the vote being a unanimous "aye”. Recommended Planning and Zoning Commission Action: Case File 2023-86-P(Tabled) ____ Approved _____ Deny Detail of the Request: The property involved in this replat request is located on the on the southeast corner of the intersection of E. Marigold Street and N. Hollyhock Avenue. The site is currently located outside the city limits of the City of Odessa and in the ETJ, Extraterritorial Jurisdiction. The site is currently occupied by single family residential development. Land use in the area consists of residential development to the north, east, south, and west. The applicants and the respective owners are Richard A. and Connie Eicher, and the consultant, S W Howell, Inc. The purpose of the request is to create six (6) lots for development purposes. Current Zoning: ETJ, Extraterritorial Jurisdiction. This request has been routed to all respective departments for internal review. Comments were sent to the consultant for review on November 28, 2023. PLANNING: Remove “By Maria Prieto Director of Planning” from Planning signature box. The plat presented does not meet Ector County development standards which requires lot front widths to be at 100 ft. Options were presented to the consultant to assist in meeting development requirements, however, no updates have been presented that reflect the requirements of the Ector County development standards. PUBLIC WORKS: This tract is outside the city limits and is in the ETJ. Lots 1, 2, and 3 will have to connect to public water. Submit evidence that public water is available. Drainage report has been submitted. This tract is not in a special flood hazard area. ECTOR COUNTY PLANNING: Minimum 100 feet required for access to Lot 4. Missing vicinity map.  Missing groundwater disclaimer. ECTOR COUNTY 911: No comments. TxDOT: No comments. CRMWD: No comments. PERMIAN BASIN MPO: No comments. Staff recommends denial of the Preliminary Plat of Eicher Addition, due to non-compliance with the Ector County requirement for Lot 4 to be a minimum of 100 feet for access. Should the Planning and Zoning Commission approve the final plat, Staff recommends that it be subject to conditions A through F. Condition: A. Remove “By Maria Prieto Director of Planning” from Planning signature box. B. Plat presented does not meet Ector County development standards which requires lot front widths to be at 100 ft. Options were presented to the consultant to assist in meeting development requirements, however, no updates have been presented that reflect the requirements of the Ector County development standards. C. Lot 1, 2, and 3 will have to connect to public water. Submit evidence that public water is available. D. Minium 100 feet width required for access to Lot 4. E. Missing vicinity map F. Missing groundwater disclaimer Attachments: Application Proposed Plat Maps Mr. James Reber presents: The property involved in this replat request is located on the on the southeast corner of the intersection of E. Marigold Street and N. Hollyhock Avenue. The site is currently located outside the city limits of the City of Odessa and in the ETJ, Extraterritorial Jurisdiction. The site is currently occupied by single family residential development. Land use in the area consists of residential development to the north, east, south, and west. The applicants and the respective owners are Richard A. and Connie Eicher, and the consultant, S W Howell, Inc. The purpose of the request is to create six (6) lots for development purposes.  Vice-Chairman Russell turns to commission to motion the Item 2023-86-P to be tabled, Member Connie Coots moved the item be approved. Commissioner Craig Stoker seconded the motion, with the vote being a unanimous "aye". Recommended Planning and Zoning Commission Action: Case File 2023-98-P (approved) __X__ Approved _____ Deny Detail of the Request: The applicants are Betenbough Homes, LLC, the owner, and Maverick Engineering, the consultant. The purpose of the plat is to create four (4) 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: Planning: Planning signature block needs to indicate “Director of Development”. Owner’s certificate block needs to indicate “Betenbough Homes, LLC” as indicated in the warranty deed. Tax certificates required prior to recording of the plat. 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 Replat of Hillmont Estates, 4th Filing, subject to conditions A thru C. Condition: A. Planning signature block needs to indicate “Director of Development”.  B. Owner’s certificate block needs to indicate “Betenbough Homes, LLC” as indicated in the warranty deed. C. Tax certificates required prior to recording of the plat. Attachments Application Proposed Plat Maps Ms. Maria Prieto Presents: The applicants are Betenbough Homes, LLC, the owner, and Maverick Engineering, the consultant. The purpose of the plat is to create four (4) lots for ownership purposes. This request has been routed to all respective departments for internal review. The comments are below Staff recommends approval of the Replat of Hillmont Estates, 4th Filing, subject to conditions A thru C. Vice-Chairman Russell turns to commission for a motion, Member Jimmy Peacock 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 2023-99-P (ETJ) (Denied) __ Approved ___x__ Deny Detail of the Request: The applicants are Jaime and Julia Alvarado, the owners, and S.W. Howell, Inc, the consultant. The purpose of the plat is to create two (2) 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: • Indicate correct Block No. as Block 3 • N. Cypress Road is actually Cypress Road. Public Works: Lots need to be 1 acre in order to be divided. Tax statements will be required prior to recording plat. ECTOR COUNTY 911: No comments. ECTOR COUNTY: Per County Regulations, a lot less than one acre without a water source other than a well cannot be subdivided. PUBLIC WORKS: This tract is outside the city limits and is in the ETJ. This is a 0.96-acre lot with 3 houses on it. It is not served with water or sewer and is too small to subdivide. We would defer to the County on whether to allow this replat or not. GIS: No comments. TxDOT: No comments. CRMWD: No comments PERMIAN BASIN MPO: No comments. Staff recommends denial per the Ector County requirement that a lot less than one acre without a water source other than a well cannot be subdivided. However, should the Planning and Zoning Commission approve Preliminary Plat of Replat of Lot 4, Block 18 Sunset Heights, Staff recommends that it be approved subject to conditions A thru F. Condition: A. Tax statements will be required prior to recording plat. B. Per County Regulations, a lot less than one acre without a water source other than a well cannot be subdivided C. This tract is outside the city limits and is in the ETJ. D. This is a 0.96-acre lot with 3 houses on it. 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. E. It is not served with water or sewer and is too small to subdivide. F. We would defer to the County on whether to allow this replat or not Attachments Application Proposed Plat Maps Vice-Chairman Russell turns to commission for a motion, Member Jimmy Peacock moved the item be Tabled. Commissioner Craig Stoker seconded the motion, with the vote being a unanimous "aye". Ms. Prieto mentioned this is a Withdraw from the applicant, once the caption is read, we will withdraw the case. The Applicant Jaime and Julia Alvarado, Consultant SW Howell have requested to redraw this case. Ask the applicant were present stated they did not want to withdraw this case. As Ms. Prieto approached them with the letter from SW Howell, who was given permission to speak on behalf of them. As Ms. Prieto mentions since the owners have said otherwise, the case will continue. As she begins to present case file 2023-99-P. The applicants are Jaime and Julia Alvarado, the owners, and S.W. Howell, Inc, the consultant. The purpose of the plat is to create two (2) lots for ownership purposes. Staff recommends denial per the Ector County requirement that a lot less than one acre without a water source other than a well cannot be subdivided. However, should the Planning and Zoning Commission approve Preliminary Plat of Replat of Lot 4, Block 18 Sunset Heights, Staff recommends that it be approved subject to conditions A thru F. A. Tax statements will be required prior to recording plat. B. Per County Regulations, a lot less than one acre without a water source other than a well cannot be subdivided C. This tract is outside the city limits and is in the ETJ. D. This is a 0.96-acre lot with 3 houses on it. 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. E. It is not served with water or sewer and is too small to subdivide. F. We would defer to the County on whether to allow this replat or not Mr. Peacock, Commissioner, ask if the Health Requirements states lot smaller than one acre water and sewer must be separated. Joe approaches and answers such as “the one acre is a state requirement, not just the Health Department”. The owners speak in the audience. Mr. Russell states not a public hearing, however allowing them to speak. Jaime and Julia Alvarado, owners, approach the podium, wanting to explain and talk about wanting to continue with the case. Jaime Alvarado mentions he’s been living there for awhile since the house has been placed since 1978, original layout since 1954. Mr. Alvarado explains the situation. My brother decided to sell us the property where my mobile home is on, where we registered with the county for the documents. We did not see any type of issue, as we do have our own well or septic. As Mr. Wayne Russell ask if all three lots have their own Wells and Septic. Mr. Alvarado mentions two wells are provided, one on Kermit Ave onto the alley and one on our property as we provide water to my sister next door but they have their own septic. Mr. Peacock replies as it is valid now in the terms of existing use, where the ownership is not divided. If you were to divide the lot then each lot becomes less than an acre, then either lot would be conforming. Mr. Alvarado says yes 1/8th of an acre. Mr. Peacock replies then you would have your own water system and your own sewer on the property, which would make it a non-conforming. In the future this will not be an acceptable under state standards. Mr. Russell chimes in with “this is a State Standard, not a City/County Standard”. At this time Mr. & Ms. Alvarado leave the podium and Mr. Eddie Landrum Jr., Director of Planning and Development for the Ector County, approaches the podium, representing the county. What they are doing now is allowed, they could have multiple family on one single lot. Any time they want to subdivide will go against state standards. Mr. Landrum leaves the podium. Vice Chairman, Wayne Russell, ask for a motion. Ms. Connie Coots ask if they would like to appeal, they could go to the Council for the approval. Ms. Shaughnessy approaches podium and comments “For Zoning yes they could appeal before the ten (10) days, for Platting you are the decision board and would make the decision”. Mr. Peacock states staff wants to defer it to county and county stated it a state law. Ms. Prieto walks to the podium as the commissions talk among themselves on the only choice they have since its state law and not being able to go against that. Ms. Prieto hints to commissioner they could make a motion to deny or with conditions. Ms. Connie Coots, commissioner, Moves the motion to deny case file 2023-99-P; Jimmy Peacock Second the motion to deny with the vote being a unanimous "aye". There being no further business to come before the Commission, the meeting was adjourned at 1:57 pm. Cheynna Torres, Planner, placed the minutes in the Minute Book on December 8, 2023. ___________________________ Wayne Russell, Vice-Chairman