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Planning and Zoning commission takes no action on proposed Thomason Drive rezoning after objections
Summary
The Midland Planning and Zoning Commission on Feb. 17 deferred a proposed rezoning at Thomason Drive and Tradewinds Boulevard after a nearby property owner and staff flagged conflicts with an existing plan development (PD) and deed‑restriction concerns; the item will return to a future meeting and proceed to city council because of the objections.
The Midland Planning and Zoning Commission on Feb. 17 took no action on a request to rezone a 1.48‑acre tract at the southeast corner of Thomason Drive and Tradewinds Boulevard from a plan development (PD) district to C commercial, saying the matter will return to a future meeting and proceed to city council because of neighborhood objections.
Angelina Betanini, the city planner who presented the application, said the request by Kai Ellison would allow a restaurant with a drive‑through on land now designated in a PD that was approved previously for a larger mixed development. Betanini told the commission staff "ultimately recommends approval of this request" but noted one objection was filed within the 200‑foot notification buffer.
The objection stemmed from residents and property‑owners who said the rezoning departs from the PD’s deed‑restricted master plan. A city staff member responded that "the city is just know that the city is not, obligated, to enforce deed restrictions" and that enforcement of covenants is a private matter between property owners.
Commissioners pressed staff on details: several asked whether the drive‑through location had been finalized and whether deed restrictions or covenants limited commercial uses. One commissioner asked, "Can we table this to, since I know we got this letter on Friday..." citing the timing of the objection and a request for more time to review the deed restrictions. Staff advised that declining to act would simply bring the item back to the next Planning & Zoning meeting, and that because the objection exceeds the notification threshold the rezoning will trigger a council hearing and a super‑majority vote at council.
No second was offered on the motion to approve at the Planning & Zoning meeting, and the commission therefore took no action; staff said the item will return to the commission and then move on to city council with the objection on record.
What happens next: the application will be placed on a future Planning & Zoning agenda (no date specified at the meeting) and will go to Midland City Council because of the recorded objection, where a larger council majority will be required for approval.
