Planning & Zoning Commission

PLANNING & ZONING COMMISSION Jimmy Peacock, Chairman Wayne Russell, Vice Chairman Connie Coots, Member Craig Stoker, Member Gary Simms, Member Steve Tercero, Member Melissa Prieto, Member PLANNING & ZONING COMMISSION MINUTES CITY HALL, 411 W. 8TH ST. CITY COUNCIL CHAMBERS – FIFTH FLOOR October 03, 2024 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. Motion to Approve the Planning & Zoning Meeting Minutes for September 19, 2024. IV. PUBLIC HEARING 2. CASE FILE NO. 2024-11-Z Consider a request by the City of Odessa, applicant, to amend Chapter 4 Business Regulations, Article 4-2, Alcoholic Beverages of the City Code of Ordinances to update the City’s approval process and enforcement procedures for alcoholic beverage licenses to enhance Public Safety (Text Amendment only – All Districts). V. MISCELLANEOUS 3. CASE FILE NO. 2024-47-P Motion approving with staff’s recommended conditions the replat Paradigm Addition, 2nd Filing, being a Replat of Lots 1 Thru 6, Block 1. Paradigm Addition  Located in Section 10, Block 41, T-2-S. T&P R.R. CO. Survey, Odessa, Ector and Midland Counties, Texas. (Generally located on the northwest corner of the intersection of Medical Park Drive and Dorado Drive – Council District 2) 4. CASE FILE NO. 2024-71-P Motion approving with staff’s recommended conditions for a proposed Preliminary Plat of Yukon Ridge, 2nd Filing, being a 119.57-acre tract located in Section 2, Block 42, T-2-S, T&P RR. CO. Survey, City of Odessa, Ector County, Texas. (Generally located on the northwest corner of the intersection of Dawn Ave and E 61st St – Council District 4) 5. CASE FILE NO. 2024-72-P Motion approving with staff’s recommended conditions the replat Davis Commercial Sites, 4th Filing, being a re-plat of Davis Commercial Sites, Davis Commercial Sites 2nd Filing & Davis Commercial Sites 3rd Filing and a 0.33-acre alley abandonment, in Section 35, Block 42, T-2-S, T&P RR CO. Survey, Odessa, Ector County, Texas. (Generally located on the southwest corner of the intersection of Pecos Street and Barrett Avenue – Council District 1) 6. CASE FILE NO.2024-73-P Motion approving with staff’s recommended conditions Replat of the East 30 Feet of the West 58.2 Feet Tract 5, Less the South 40 Feet, & the West 28.2 Feet of Tract 5, Less the South 40 Feet, Malone Subdivision, an addition to the City of Odessa, Ector County, Texas. (Generally located on the southwest corner of the intersection of Carolyn Drive and Cat Claw Drive – Council District 3) 7. CASE FILE NO. 2024-74-P (ETJ) Motion approving with staff’s recommended conditions Replat of 1 Acre Tract Out of Lot 7, Block 10, Ocotillo Park, 2nd Filing, being a subdivision in Ector County, Texas. (Generally located on the southwest corner of the intersection of W 11th St and N Clendenen Ave – Extraterritorial Jurisdiction) VI. Adjourn Be it said and remembered that at 1:30 p.m. on the 3rd day of October, 2024, there came on and was held a Planning & Zoning meeting in the Council Chambers, Fifth Floor, 411 W. 8th St., Odessa, Texas. MEMBERS PRESENT: Jimmy Peacock, Chairman Gary Sims Member Connie Coots, Member Craig Stoker, Member Melissa Prieto Member MEMBER ABSENT: Steve Tercero Member Wayne Russell Member OTHERS PRESENT: Elizabeth Shaughnessy, Director of Development; Maria Prieto, Planning Manager; Jeffery Fisher, Strategic Development and Policy Manager; James Reber, Senior Planner; Erik Reyes, Planner; Cheynna Torres, Planning Technician; Yervand Hmayakyan, City Engineer; Dan Jones,City Attorney; Matt Davidson, assistant chief Odessa Police Department; William Mason, Assistant City Attorney ──────────────────────────────────────────────────────────────── The minutes of September 19, 2024, Planning and Zoning Commission meeting motion for approval being made by Member Gary Sims, seconded by member Melissa Prieto, with the vote being a unanimous "aye".  Planning and Zoning Commission Approved for Agenda: Elizabeth Shaughnessy MEETING DATE: October 3, 2024 TO: PLANNING AND ZONING COMMISSION FROM: Jeff Fisher, AICP Strategic Development and Policy Manager SUBJECT: Consider a request by the City of Odessa, applicant, to amend Chapter 4 Business Regulations, Article 4-2 Alcoholic Beverages of the City Code of Ordinances to update the City’s approval process and enforcement procedures for alcoholic beverage licenses to enhance public safety (Text Amendment only - All Districts). 2024-11-Z The Development Department has prepared an update to the City’s approval process for obtaining Alcoholic Beverage Licenses to be consistent with the Texas Alcoholic Beverage Commission (TABC), to ensure expedient processing and approval of licenses, and to implement procedures to improve enforcement and enhance public safety. The current process is found in Chapter 4, Article 2, of the City Code of Ordinances, which requires that anyone selling alcoholic beverages in the city whether on-premises (e.g., a bar or restaurant), or off-premises (e.g., a liquor store or convenience store that sells alcohol) must obtain a City Alcoholic Beverage License and renew every year. The applicant must also obtain a license or permit for the Texas Alcoholic Beverage Commission (TABC) every two years (TABC requires a mixed beverage establishment to obtain a “permit” while beer and wine sales require a “license” but otherwise, they are interchangeable). Staff discovered the following issues: • The City requires a license every year, but TABC only requires a license or permit every two (2) years. This can make tracking of approvals and enforcement more difficult because of this overlap. • Once a new City license is issued, not all applicants were returning to review. They would submit a checklist to confirm the property was adequately zoned, the alcohol establishment met the minimum setback from a church or school and was located in a wet area (where alcohol is allowed to be sold), but they would not obtain the renewal license from City Billing and Collection.  • The enforcement process in Article 4-2 of the City Code did not outline a process for enforcement, e.g., who does what and when. It only described what the penalties were, and these were only for City offenses, not those only TABC or the Texas Penal Code. • While the Odessa Police Department (OPD) and TABC handle enforcement when it violates their jurisdictions, there was not consistent communication between the City, OPD, and TABC. Having regular and consistent checks and balances through an updated process would better ensure that alcohol establishments in violation would be prosecuted, while owners without issues could proceed expeditiously and obtain their licenses and renewals without delay. Proposed Amendment: After conducting the above research, the Development Department is proposing an updated Article 4-2 approval process for alcoholic beverage licenses to ensure businessowners can obtain their licenses in a timely manner, that all departments and agencies work together in review and enforcement, and that there is a mechanism to suspend or revoke a license where an applicant continuously does not follow due process or commits multiple crimes of offenses. Updated Procedures for Alcoholic Beverage Licenses Section Process Application submittal Required for new businesses and renewals of existing businesses. Licenses now good for two (2) years consistent with 2-year timeline for TABC Licenses. Submit renewal application at least 30 days before expiry. Processing fee The City Licensing Fee may be up to ½ of the Statutory Fee set by State Law. City License Fees are already set and there are no current plans to change them. The fee would now be paid every 2 years instead of every year to be consistent with TABC. Here are some examples: • Beer on-premises: now $150.00 every 2 years (before: $75.00 every year) • Beer and wine on-premises: now $175.00 every 2 years) (before: $87.50 every year) • Mixed beverage on-premises: still no fee for first 3 years, then $375.00 per year (at beginning of year 5, would now pay $375.00 for year 4 fee, and then  $750.00 for every subsequent 2 year renewal). (before: $375.00 per year starting in year 4). Internal Review Application now circulated to OPD (criminal background check), Billing and Process Collection (check if TABC application is active), Building Inspections (check for permits), Planning (check zoning, setbacks, and parking), and City Secretary (check if located in a wet area where alcohol can be sold). New process will ensure interdepartmental and interagency cooperation and identify any issues. (before: applicant verifies zoning with Planning and setbacks with Permits but other departments and OPD were not part of process) Additional Applicants will now be required to submit a site plan that shows the property requirements by location and parking, and a floor plan showing the area where alcohol is served Planning and consumed. Planning will also check that the business is at least 300 feet from a church, public or private school, or public hospital, and 1,500 feet from a sexually oriented business. Private schools were added as part of the ordinance but the 300 feet setback under state law only applies where the school is within 300 feet of a business that does not sell food. Private schools within 300 feet of a restaurant selling alcohol, with 100 students or less, and not teaching a course between kindergarten and Grade 12 are exempt from this setback. The sexually oriented business setback is required to be checked for these types of licenses but was not being checked for alcohol licenses. Adding this to the ordinance ensures these businesses are also checked as part of alcohol license reviews. Additional In addition to reviewing for criminal convictions, OPD may require for a renewal requirements by OPD license that an applicant with a history of convictions install security cameras, hire security or OPD to patrol during business hours, or complete a Crime Prevention Through Environmental Design (CPTED) course. Decision and appeals Billing and Collection will issue an approval letter if all reviewees have recommended approval. However, an application will be denied if the applicant fails to comply with one or more of the reviewees comments. An applicant may appeal to the City Manager within 10 days of a denial. The City Manager may approve or defer to City Council who make a final decision at a public meeting. Final approval and Billing and Collections will no longer issue the applicant a City license until the license issuance applicant shows prove they have received a subsequent license from TABC. At that time, Billing and Collections with issue the physical license and the applicant will be required to post this license in a location on the building visible from the outside. Enforcement Currently, there is no enforcement process in the City Code outlining who does what and when. The updated Code allows the City Manager or City Council to suspend up to 60 days or revoke a city alcohol license for various offenses or crimes.  Suspensions may be issued where a TABC license has also been suspended, where the applicant fails to allow city or OPD to inspect a property or implement certain conditions required by OPD, or for misdemeanors. Revocations may be issued where a TABC license has also been revoked, for city code violations and offenses upon conviction at a municipal court, for felony crimes, and for repeated misdemeanors. RECOMMENDATION: Staff recommends APPROVAL of the proposed update amending Chapter 4 Business Regulations, Article 4-2 Alcoholic Beverages of the City Code of Ordinances to update the City’s approval process and enforcement procedures for alcoholic beverage licenses to enhance public safety, subject to all standards in the attached draft ordinance. Attachment: Draft Updated Ordinance ARTICLE 4-2 ALCOHOLIC BEVERAGES § 4-2-1. Purpose and Intent. The purpose and intent of these regulations are to update the City’s approval process for obtaining Alcoholic Beverage Licenses consistent with the Texas Alcoholic Beverage Commission (TABC); ensure expedient processing and approval of licenses, and to implement procedures to improve enforcement and enhance public safety. § 4-2-2. Definitions. All definitions of words, terms and phrases as set forth in section 1.04 of the Texas Alcoholic Beverage Code (hereinafter called TABC), and other sections where defined, are hereby adopted and made a part of this Article. § 4-2-3. City License Required. Any applicant intending to sell alcohol whether on or off-premises within the City of Odessa that requires a TABC license or permit shall obtain a City Alcoholic Beverage License. § 4-2-4. Application. (a) An applicant is required to submit a City License Application, electronically or in-person  to the City Billing and Collection Department prior to obtaining a City Alcoholic Beverage License. (1) New application: New businesses, or a change in ownership or expansion of floor area of an existing business shall require a new application, valid for two (2) years from the date of approval. (2) Renewal application: Existing businesses without change in ownership or expansion of floor area shall require a renewal application, valid for two (2) years from the date of approval. Renewals shall be submitted at least 30 days before expiration of the previous license, or the license is deemed expired, and a new application is required. (b) All applications shall include the following, and any additional information as required by the Billing and Collection Department. (1) Payment of processing fee, based on TABC license or permit type, as required by the Billing and Collection Department. (2) Business name, ownership, and location. (3) Property owner(s) signature or affidavit allowing the business to operate on the property. (4) Type of permit corresponding with the associated TABC license of permit. (5) Primary business type at the location. (6) Copy of associated TABC Application Form. (7) The zoning district where the property is located. (c) New applications for On-Premises Consumption of Alcoholic Beverages, and renewal applications with a change in ownership or expansion of floor area, shall also submit in addition to the items in (b) above: (1) A Site Plan drawing dimensioned to scale showing: a. the property where the business will operate. b. all buildings and structures on the property. c. all parking spaces, drive aisles, and driveway entrances. (2) A Floor Plan drawing dimensioned to scale showing: a. Use of all rooms and spaces inside the establishment. b. Location of all interior and exterior building entrances, seating areas, and outdoor patios. c. The alcohol serviceable area where alcohol is sold, served, or delivered on- premises consumption. This area does not include restrooms, kitchen, or area behind the bar top. § 4-2-5. Internal Review Process. (a)The Billing and Collection Department will circulate the application electronically for  review and comments to the following departments and agencies: (1) Odessa Police Department (OPD): OPD will conduct a criminal background check for any felony or misdemeanor convictions, any court convictions pertaining to City Code offenses or violations, and any known TABC convictions or suspensions. OPD will recommend denial where: a. an applicant or spouse has been convicted of a felony in the last five (5) years or a misdemeanor other than a Class C traffic violation within the last two (2) years. b. a person other than the applicant or spouse has been convicted of human trafficking on a first offense; another felony on a second offense; or a third misdemeanor other than a Class C traffic violation; all of which occurred on the property during business hours or with the applicant or spouse knowing, within the last two (2) years. c. an applicant or spouse has been convicted of any violation of the City Code by a court of municipal jurisdiction, until such time as said conviction has ended or fine has been paid. d. TABC has revoked or suspended the applicant’s license until such time as said revocation and suspension has ended. e. OPD may consider recommending approval where a previous felony has occurred if the applicant installs CCTV surveillance cameras, provides qualified security personnel or police officers during business hours and/or completes a public safety program such as Crime Prevention Through Environmental Design (CPTED) and incorporates the measures recommended by OPD. (2) Billing and Collection Department: Will check for any TABC suspensions, revocations, expiry of previous licenses, and other required licenses including for pool halls, dance halls, or sexually oriented businesses. (3) Planning Division: Will check that the property is in a zoning district that allows the primary use (e.g., hotel) and the sale of alcohol; that the site plan shows the property and parking area; that the business is the minimum distance required from a school, church, or other institution as required by the City Code and TABC code; and that the floor plan shows the total alcohol serviceable area. (4) Building Inspections: Will check if all required building and occupancy permits have been obtained, and for any outstanding violations. (5) City Secretary: Will check if the property is located within a wet area which allows the sale of alcohol and sign the accompanying TABC Application form. 4-2-6. Setbacks from certain institutional uses. (a) The place of business selling alcohol shall be more than 300 feet from any public school including state-supported institutions of higher education, church, or public hospital; more than 300 feet from any private school as defined below (unless the business has a food and beverage certificate): (1) The distance of the business from a church or hospital shall be measured along  the front property lines from front door to front door, and in a direct line across intersections as shown on Diagram 1 below. (2) The distance of the business from a public or private school shall be measured from the nearest property line of the school to the nearest public doorway of the business. (3) For purposes of this section, a “private school” shall be the same as set forth in Section 109.33 of the TABC Code, which means a private school, including a parochial school, that offers a course of instruction for students in one or more grades from kindergarten through grade 12; and has more than 100 students enrolled and attending courses at a single location. (b) The distance of a sexually oriented business selling alcohol shall be more than 1,500 feet from a church, public or private elementary or secondary school, a public park, or the property line of a lot containing residences. The distance shall be measured from property line to property line, and in a direct line across intersections as shown on Diagram 2 below. (c) The City Council may authorize variances to the above regulations of this section, if it determines that enforcement of the regulations in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, or is not effective or necessary, or for any reason the Council, after consideration of the health, safety and welfare of the public and the equities of the situation, determines is in the best interest of the City. Diagram 1  Diagram 2 § 4-2-7. Final Decision. (a) The Billing and Collection Department will approve, approve with conditions, or deny the application based on comments received from the reviewing departments, and provide the applicant with a decision letter, and accompanying TABC application form with all city signatures if approved. § 4-2-8. Appeals. (a) The applicant may appeal a denial or an approval with conditions to the City Manager within ten (10) days or receiving the decision letter. (b) The City Manager shall approve, approve with conditions, or defer the appeal to City Council within ten (10) days. If a decision is not made within ten (10) days, it is automatically deferred to City Council. City Council will then hold a public hearing, and the applicant will be notified of the hearing date. (c) City Council shall approve, approve with conditions, or deny the request at the public hearing, and Billing and Collections will provide the applicant with a final decision letter, and accompanying TABC application form with all city signatures if approved. § 4-2-9. Issuance of City License. (a) Once the application has been approved, the applicant shall submit all required documentation to TABC to obtain their TABC license. (b) Upon receiving a copy of the TABC license and confirming there are no new convictions, revocations, or suspensions, the Billing and Collections Division shall issue a City Alcoholic Beverage License to the applicant. (c) The applicant shall post the License in the window of the establishment visible to the outside and may now begin selling alcohol from the premises per any city or TABC conditions of approval and subject to compliance with all relevant city codes and the TABC Code. § 4-2-10. Hours for sale of mixed beverages and beer. (a) The hours prescribed by TABC section 105.03(c) regarding the sale of mixed beverages, and section 105.05(c) regarding the sale of beer, for counties having a population of three hundred thousand (300,000) or more, hereby are adopted for the city. § 4-2-11. Extended hours areas. (b) The hours prescribed by TABC section 105.06(c) for an “extended hours area,” as defined in section 105.06(a)(1) regarding the consumption of any alcoholic beverage in any public place and regarding the possession of same with intent to consume in such public place, hereby are adopted for the City. § 4-2-12. Inspections. An applicant shall allow OPD, TABC, the City, and the County Health Department to inspect the business and property for purpose of compliance with this ordinance, any applicable provision of the City Code, TABC Code, and the Texas Penal Code. § 4-2-13. Suspension. (a) The City Manager or City Council may suspend a City Alcoholic Beverage License for up to 60 days if determined that: (1) The associated TABC License or Permit has been suspended or expired. (2) Failure to allow one of the entities in 4-2-11 to inspect the establishment within the last (2) years. (3) Failure to install or maintain one or more approved recommendations by OPD on a current license, as outlined in Section 4-2-4(a)(1)(e), within the last two (2) years. (4) On a felony conviction other than human trafficking in the past two (2) years on the property committed by someone other than the applicant or spouse during business hours or with applicant or spouse knowing. (5) On a second misdemeanor conviction in the past two (2) years of a misdemeanor (other than a Class C traffic violation) on the property committed by someone other than the applicant or spouse during business hours or with applicant or spouse knowing. § 4-2-14. Revocation. (a) The City Manager or City Council may revoke a City Alcoholic Beverage License if determined that: (1) The associated TABC License or Permit has been revoked. (2) Failure to allow one of the entities in 4-2-11 to inspect the establishment on more than one occasion within the last (2) years. (3) Failure to install or maintain one or more approved recommendations by OPD on a current license, as outlined in Section 4-2-4(a)(1)(e), on more than one occasion within the last (2) years. (4) Any felony or misdemeanor convictions, any court convictions pertaining to City Code offenses or violations, and any known TABC convictions or suspensions as outlined in Section 4-2-4(a)(1) have occurred within the timeframes therein. § 4-2-15. Legal non-conforming alcohol establishments. (a) Any establishment that has an active or pending City Alcoholic Beverage License that complied with the alcohol requirements prior to this ordinance amendment, and has been in continuous operation from that date, shall be considered legal non-conforming and allowed to continue up to 30 days until the date of renewal. Jeff Fisher Presents: Staff esearch ̀ and Public Input he ̀ city is updating its oning ̀ ordinance for alcohol and beverage systems, which hasnt ̀ been updated in over forty years. he ̀ goal is to simplify the ordinance and align with changes made by the Texas lcoholic ̀ everage ̀ Commission (TABC). he ̀ police department is now included to ensure standards are met. ̀ recent town hall meeting clarified the citys ̀ ideas and gathered feedback. he ̀ city will reuire ̀ permits every two years, similar to TABC, and will implement a site plan reuirement ̀ for licensing. Fees and enforcement processes have been revised. he ̀ dessa ̀ Police epartment ̀ will play a role in the review process. he ̀ entire process will be conducted online to epedite ̀ reviews. Specific reuirements ̀ for alcohol sales near schools, churches, and hospitals have been outlined. ntertainment ̀ businesses involving alcohol will reuire ̀ separate permits. he ̀ city aims to enforce annual renewal to ensure compliance and safety. he ̀ regulations and procedures will be updated to prevent incidents related to alcohol distribution. uring ̀ a recent meeting, various concerns were raised regarding the renewal process for licenses, safety procedures, and the review process for special events. here ̀ was a discussion about the need for city departments to review special event licenses and the enforcement of eisting ̀ reuirements. ̀ dditionally, ̀ there were uestions ̀ about communication between departments and the accessibility of the review process for individuals who may not be familiar with computer systems. he ̀ meeting also addressed the inclusion of offpremises ̀ establishments in licensing reuirements ̀ and the rationale behind involving multiple departments in the review process. uring ̀ the meeting, Elizabeth Shaughnessy mentioned that the illing ̀ and Collection department does handle cashiering, so they prefer not to make applicants walk back and forth until the technology is updated. hen ̀ Member Connie Coots inuired ̀ about whether temporary licenses for individual homes hosting events would reuire ̀ four different site plans and permits, Elizabeth Shaughnessy stated that thorough research will be conducted to determine if eceptions ̀ or new standards need to be created for those oneday ̀ permits. Connie Coots also brought up the issue of TABC fees and whether the city would impose additional fees. Matt avison, ̀ ssistant ̀ City Chief of P, ̀ clarified that the discussion was not about the events mentioned, but rather about addressing problematic bar owners or event coordinators. he ̀ members agreed that individual tasks should not complicate the order for establishments, and that voting on the matter might pose challenges. uring ̀ the discussion, Jimmy Peacock inuired ̀ about whether the running money function is solely handled by the cashier department, to which the staff confirmed until the planning staff develops the process. Melissa Prieto raised a uestion ̀ about the delegation of tasks to one department and whether hiring more people would resolve the issue. n ̀ response, the staffing management indicated that Planning lacks the authority to conduct background checks and that the process involves more than ust ̀ paperwork. Matt avidson ̀ then emphasied ̀ the importance of reviewing location suspicions and previous records to ustify ̀ the necessity of these reviews. Jeff Fisher will outline background check regulations in the checklist. Craig Stoker raised uestions ̀ about TABC list steps, and staff actions have caused additional issues for establishments. fter ̀ consulting with resources, corrections were made to the PowerPoint. e ̀ aim to address criminal convictions to establish safety standards. he ̀ current City code will guide us, and necessary corrections will be discussed at the upcoming city council meeting. Craig Stoker emphasied ̀ the need for accurate documentation and cleanup. Chairman Jimmy Peacock states the case being a public hearing, opens the meeting for audience or concerns, hearing none, closes the public portion turns to member for further discussion or motion. (Jeff Fisher recommends if approval, to imply power point conditions to be amended with the approval) Member Gary Sims moved to approve item with the changes to be internally changed; Seconded by member Connie Coots AYE: Jimmy Peacock, Connie Coots, Craig Stoker, Melissa Prieto, Gary Sims NAY: None Motion pass with the following votes: 5-0  Planning and Zoning Commission Approved for Agenda: Elizabeth Shaughnessy MEETING DATE: October 3, 2024 TO: PLANNING AND ZONING COMMISION CASE FILE #: -2024-47-P SUBJECT: Motion approving with staff’s recommended conditions the replat Paradigm Addition, 2nd Filing, being a Replat of Lots 1 Thru 6, Block 1. Paradigm Addition Located in Section 10, Block 41, T-2-S. T&P R.R. CO. Survey, Odessa, Ector and Midland Counties, Texas. (Generally located on the northwest corner of the intersection of Medical Park Drive and Dorado Drive – Council District 2) James Reber Presents: The applicant and owner, Braxton, LP, Attn: William Dodson, with consultant, LCA, are seeking to replat six (6) lots to introduce a 10’ drainage easement to the south of the property. This Replat request has received no denials from City departments, therefore, staff recommends approval of the Replat Paradigm Addition, 2nd Filing, subject to conditions A through D. Chairman, Jimmy Peacock turns to members for questions for staff noting this case file 2024-47-P is not a Public Hearing. Hearing no questions, ask for discussion or motion. Gary Sims makes a motion to approve item; Seconded by member Connie Coots AYE: Jimmy Peacock, Connie Coots, Gary Sims, Melissa Prieto, Craig Stoker NAY: None Motion pass with the following votes: 5-0  Planning and Zoning Commission Approved for Agenda: Elizabeth Shaughnessy MEETING DATE: October 3, 2024 TO: PLANNING AND ZONING COMMISION CASE FILE #: -2024-71-P SUBJECT: Motion approving with staff’s recommended conditions for a proposed Preliminary Plat of Yukon Ridge, 2nd Filing, being a 119.57-acre tract located in Section 2, Block 42, T-2-S, T&P RR. CO. Survey, City of Odessa, Ector County, Texas. (Generally located on the northwest corner of the intersection of Dawn Ave and E 61st St – Council District 4) James Reber Presents: The applicant and owner, Leeco Energy & Investments, LLC Attn: Clinton Lee, Vice President, with consultant, LCA, are seeking to plat to create 602 lots for residential development This requesthave been routed to respective departments and have received no internal projections, therefore, staff recommends approval of the Preliminary Plat of Yukon Ridge, 2nd Filing, subject to conditions A through E. Chairman Jimmy Peacock turns to the members for questions for the staff. At this time, Member Melissa Prieto asks the staff if, in the future,the commission could include drainage reports. Planning Manager Maria Prieto states that case file 2024-71-P is in the preliminary stages and will be required to have a full report once the final has been submitted. Then, Member Craig Stoker asks if there is a plan to create a new pathway as Dawn St. runs through. City Engineer Yervand Hmayakyan replies that Dawn St. does not run a clear path through the subdivision. The Chairman asks the members for a motion or further discussion. Member Connie Coots makes a motion to approve item; Seconded by member Melissa Prieto AYE: Jimmy Peacock, Gary Sims, Connie Coots, Craig Stoker, Melissa Prieto NAY: None Motion pass with the following votes: 5-0  Planning and Zoning Commission Approved for Agenda: Elizabeth Shaughnessy MEETING DATE: October 3, 2024 TO: PLANNING AND ZONING COMMISION CASE FILE #: -2024-72-P SUBJECT: Motion approving with staff’s recommended conditions the replat Davis Commercial Sites, 4th Filing, being a re- plat of Davis Commercial Sites, Davis Commercial Sites 2nd Filing & Davis Commercial Sites 3rd Filing and a 0.33-acre alley abandonment, in Section 35, Block 42, T-2- S, T&P RR CO. Survey, Odessa, Ector County, Texas. (Generally located on the southwest corner of the intersection of Pecos Street and Barrett Avenue – Council District 1) James Reber Presents: The applicant and owner, Champion Truck & Trailer Attn: Mr. Tyler Barcena, President, with consultant, LCA, are seeking to replat to combine three (3) lots into one (1) lot for commercial purposes. These request has been routed to respective departments for internal review with no objections, therefore, staff recommends approval of the Replat Davis Commercial Sites, 4th Filing, subject to conditions A and B. Chairman Jimmy Peacock turns to the commission for discussion. Hearing none, he then turns to the members for a motion. Gary Sims makes motion to approve item; Melissa Prieto AYE: Jimmy Peacock, Connie Coots, Gary Sims, Craig Stoker, Melissa Prieto Motion pass with the following votes: 5-0  Planning and Zoning Commission Approved for Agenda: Elizabeth Shaughnessy MEETING DATE: October 3, 2024 TO: PLANNING AND ZONING COMMISION CASE FILE #: -2024-73-P SUBJECT: Motion approving with staff’s recommended conditions Replat of the East 30 Feet of the West 58.2 Feet Tract 5, Less the South 40 Feet, & the West 28.2 Feet of Tract 5, Less the South 40 Feet, Malone Subdivision, an addition to the City of Odessa, Ector County, Texas. (Generally located on the southwest corner of the intersection of Carolyn Drive and Cat Claw Drive – Council District 3) Erik Reyes Presents: The applicant and owner, Hilda Bejarano, with consultant, S.W. Howell, Inc., are seeking to replat two (2) lots into one lot (1) for ownership purposes. These request has received no objections from internal departments, therefore, staff recommends approval of the Replat of the East 30 Feet of the West 58.2 Feet Tract, Less the South 40 Feet & the West 28.2 Feet of Tract 5, Less the South 40 Feet, Malone Subdivision, subject to conditions A through C. Chairman Jimmy Peacock turns to the commission for discussion. Hearing none, he then turns to the members for a motion. Member Connie Coots makes a motion to approve item; seconded the motion by member Melissa Prieto AYE: Jimmy Peacock, Connie Coots, Melissa Prieto, Craig Stoker, Gary Sims NAY: None Motion pass with the following votes: 5-0  Planning and Zoning Commission Approved for Agenda: Elizabeth Shaughnessy MEETING DATE: October 3, 2024 TO: PLANNING AND ZONING COMMISION CASE FILE #: -2024-74-P (ETJ) SUBJECT: Motion approving with staff’s recommended conditions Replat of 1 Acre Tract Out of Lot 7, Block 10, Ocotillo Park, 2nd Filing, being a subdivision in Ector County, Texas. (Generally located on the southwest corner of the intersection of W 11th St and N Clendenen Ave – Extraterritorial Jurisdiction) Erik Reyes Presents: The applicant and owner, Artemio Carrasco Jr, with consultant, S.W. Howell, Inc., are seeking to replat a portion of the existing Lot 8, Block 10, of Ocotillo Park, 2nd Filing, to create one (1) new lot for ownership purposes. This request has received no objections therefore staff recommends approval of the Replat of 1-Acre tract out of Lot 7, Block 10, Ocotillo Park, 2nd Filing, subject to condition A through C. Chairman Jimmy Peacock turns to the commission for discussion. Hearing none, he then turns to the members for a motion. Member Gary Sims makes a motion to approve item; Seconded by member Melissa Prieto. AYE: Jimmy Peacock, Connie Coots, Melissa Prieto, Gary Sims, Craig Stoker NAY: None Motion pass with the following votes: 5-0  Chairman turns to commission for motion to adjourn Member Melissa Prieto makes a motion to adjourn; Seconded by member Connie Coots AYE: Jimmy Peacock, Connie Coots, Melissa Prieto, Gary Sims, Craig Stoker NAY: None Motion pass with the following votes: 5-0 There being no further business to come before the commission, the meeting was adjourn at 2:40 p.m. Cheynna Torres, Planning Technician, placed the minutes in the Minute book on October 4, 2024. ───────────────────── Jimmy Peacock, Chairman