Zoning Board of Adjustment

ZBA Members Gerardo Arzate, Chairman Kyle Newton, Vice Chairman Kirk Strahan, Member Pricilla Contreras, Member Paul Anthony Rios, Member Henry Enriquez, Member Norberto Brito III, (Alternate) ZONING BOARD OF ADJUSTMENT MINUTES CITY HALL, 411 W. 8TH ST. CITY COUNCIL CHAMBERS – FIFTH FLOOR May 07, 2025 8:30 A.M. I. Opening Items 1. Invocation II. Consent Items 2. Approve the minutes of the March 4, 2025, Zoning Board of Adjustment Meeting. III. Public Hearing The Zoning Board of Adjustment will hold a public hearing on the following items: 3. CASE FILE NO. 2025-02-V Open a public hearing to consider approval of the request of Odessa Sign Solution, LLC, agent for variance from the City of Odessa Zoning Ordnance Chapter 14, Article 14-10 Signs for: (1.) A Variance from Section 14-10-1 (1) (I) (i) to allow an electronic billboard sign to be placed at a height of forty (40) feet instead of the allowed height of thirty-five (35) feet, and (2.) A Variance from Section 14-10-1 (1) (I) (iii) for an electronic billboard sign to be located thirty-eight (38) feet from a residential district boundary line instead of three hundred (300) feet to any residential district boundary line. The property is located at 401 E. 42nd St, being Lot 51, Block 2, Sherwood Addition.) IV. Adjourn Be it said and remembered that at 8:36 a.m. on the 7th day of May 2025, there came on and was held a Planning & Zoning meeting in the Council Chambers, Fifth Floor, 411 W. 8th St., Odessa, Texas. MEMBERS PRESENT: G e r a r d o A r z a t e , Chairman Kyle Newton, ViceChairman Henry Enriquez, Member Anthony P. Rios, Member Kirk Strahan, Member Norberto Brito III, Alternate MEMBERS ABSENT: Priscilla Contreras, Member OTHERS PRESENT: Maria Prieto, Planning Manager; Cheynna Torres; Planning Technician; Jeff Fisher, Strategic Development AND Policy Manager; Dan Jones, City Attorney The minutes of the March 4, 2025, Zoning Board of Adjustment meeting were approved following a motion by Anthony P Rios, seconded by Kirk Strahan The motion passed unanimously with all members voting "aye."  TO: ZONING BOARD OF ADJUSTMENT SUBJECT: DOCKET NO. 2025-02-V APPLICANT: Odessa Sign Solution, LLC, applicant REQUEST: Variance from Section 14-10-1 (1) (I) (i) and a Variance from 14-10-1 (1) (I) (iii) of the City of Odessa Zoning Ordinance PROPERTY Lot T-2-S, Block 42, Section 02 Addition, (401 E 42nd St.) INVOLVED: Maria Prieto reported that ten notices were sent regarding the signage request, with zero approvals and zero protests received. She proceeded to read the memo and referenced Sign Ordinance 14-10-1 (i, iii), along with the staff analysis. The signage request falls under the Office zoning district, and applicable regulations were reviewed per the City of Odessa Zoning Ordinance 1. A hardship letter submitted by Misty Holloway, representative of Sign Solutions, was distributed to the board and read into the record. The letter detailed the ownership, business purpose, and justification for the proposed signage. Mr. Rios inquired about the 300-foot boundary line, which staff confirmed. Staff also clarified the zoning definitions of both billboard and freestanding signage. Mr. K. Strahan requested clarification on the notice process. Mr. Henry Enriquez asked for further explanation regarding the billboard classification. Staff confirmed that the proposed signage qualifies as a billboard due to zoning ordinance definition. The sign is designed to wrap around a pillar and will be installed at a square foot consistent with the zoning requirements. The Chairman asked if there were any additional questions from the board. Hearing none directed to staff, the Chairman opened the public portion of the hearing, inviting the applicant or any members of the audience to speak either in favor of or in opposition to the request. Misty Holloway, Sign Solutions (1515 N. Grandview): Ms. Holloway clarified that the proposed sign would not be placed on the north side of the business. Instead, signage would be located on the west, east, and south sides of the property. The west and east signs would be limited to five feet in width and would not span the full side of the building. carefully considered to minimize impact on nearby homes. The intent of the signage is not for commercial gain, but to promote community events and enhance visibility for the public. Ms. Holloway also referenced previous signage projects that have been well-received and visible to the community. Mr. Enriquez inquired about the capabilities of the signage, referencing a New York-style display. Ms. Holloway responded that the signs are capable of various display styles and would use dimmed lighting, set below 100% brightness. She cited examples of other signs in town operating at 80% brightness. Mr. Brito questioned the purpose of the wrap-around design, suggesting that signs are typically intended to flash and disappear, not wrap around a building. Ms. Holloway explained that the angle of the signage allows for multiple message views, and that this is a standard feature of EMC (Electronic Message Center) signs. The Chairman invited any other individuals to speak. No additional speakers came forward, and the public portion of the hearing was closed. Staff Clarification – Maria Prieto: Ms. Prieto noted that regardless of approval or denial, the proposed signage qualifies as a billboard, which is not a permitted use in the Office zoning district under the current zoning ordinance. As the zoning to be changed that would allow these type of uses would be HI, LI, HC; Heavy Industrial, Heavy Commercial or Light Industrial. Mr. Brito noted that the property's proximity to single-family homes complicates approval. He suggested that a static sign, with clearly defined content, might be more acceptable under the strict Office zoning regulations. Staff confirmed that billboard-type signage is not permitted in the Office district but expressed willingness to work with the applicant on compliant alternatives. At Ms. Holloway’s request, the public hearing was reopened by a 6-0 vote. She asked for clarification between static signs and billboards, explaining the intent to display community messages (e.g., graduations, birthdays), not advertisements. Board members appreciated the intent but emphasized that zoning compliance is based on sign function, not content. The ordinance language remains the guiding factor. The original request for a zoning change was redirected by staff, who advised that a variance would be more appropriate. Board members noted the difficulty of rezoning due to surrounding single-family homes. Ms. Holloway argued nearby commercial properties support the request, but Mr. Strahan explained that a zoning ordinance change is a lengthy, two-year process. Mr. Rios asked if approval could proceed with a static sign, per staff recommendation. Staff confirmed that any future changes would require returning to the board for a variance or zoning review. Static Sign Definition per Zoning Ordinance 14-10-1 : A sign that displays a fixed, non-changing message or graphic. It does not include any form of animation, movement, or digital display. Static signs are typically constructed with permanent materials and are not electronically controlled. After continued discussion regarding the distinction between a static sign and a billboard, the Chairman called for a motion. (Further discussion with staff will take place in-office to determine the appropriate next steps for the signage request) Member Anthony Rios made a motion to table the item in order to allow further collaboration with staff. The motion was seconded by Kirk Strahan. AYE: Gerardo Arzate, Kyle Newton, Anthony P Rios, Henry Enriquez, Kirk Strahan, Norberto Brito III NAY: None Motion passed unanimously for table: 6-0 With no further business to address, Chairman Gerardo Arzate ask for motion to adjourn the meeting. Member Anthony P Rios makes a motion to adjourn; Seconded by member Henry Enriquez The motion is adjourned with the following votes: 5-0 AYE: Gerardo Arzate, Kyle Newton, Priscilla Contreras, Anthony P Rios, Norberto Brito III NAY: None There being no further business to come before the Zoning Board of Adjustment members, the meeting was adjourn at 3:24 am. Cheynna Torres, Planning Technician, placed the minutes in the Minute book on May 10, 2025. ________________________ Gerardo Arzate (May 21, 2025 19:26 CDT) Gerardo Arzate, Chariman ZBA 05.07.25 Mins Final Audit Report 2025-05-22 Created: 2025-05-21 By: Cheynna Torres (crtorres@odessa-tx.gov) Status: Signed Transaction ID: CBJCHBCAABAAIIx88cBfw7wB4DBhG2uwMOPFe-tfYbG1 "ZBA 05.07.25 Mins" History Document created by Cheynna Torres (crtorres@odessa-tx.gov) 2025-05-21 - 2:20:21 PM GMT Document emailed to Gerardo Arzate (garzate78@gmail.com) for signature 2025-05-21 - 2:20:28 PM GMT Email viewed by Gerardo Arzate (garzate78@gmail.com) 2025-05-22 - 0:25:47 AM GMT Document e-signed by Gerardo Arzate (garzate78@gmail.com) Signature Date: 2025-05-22 - 0:26:21 AM GMT - Time Source: server Agreement completed. 2025-05-22 - 0:26:21 AM GMT