07.09.2018
PLANNING AND
ZONING COMMISSION
MEETING
July 9 , 2018
City of Nacogdoches Planning Department
202 E. Pilar – PO Box 635030 – Nacogdoches, TX 75963
936-559-2502 Fax 936-559-2912 www.ci.nacogdoches.tx.us
Home of Stephen F. Austin State University www.sfasu.edu
THE NACOGDOCHES CITY PLANNING AND ZONING COMMISSION WILL MEET IN REGULAR
SESSION, MONDAY, July 9, 2018, AT 5:00 P.M. IN THE CITY COUNCIL CHAMBER ROOM 119 AT
202 EAST PILAR STREET TO CONSIDER FOLLOWING AGENDA ITEMS. ALL AGENDA ITEMS ARE
SUBJECT TO ACTION.
1. Call to Order.
2. Approval of Minutes: Consider and possibly take action for the Minutes from June 11, 2018 Regular Session
3. Public Hearing: A public hearing will be held to consider a request and take action for a zone change from
Agriculture, to R-3, Two Family Residential, for Lot 29, City Block 54, property ID 24725, located in the 700 block
of Tower Road. ZON18-03.
4. Adjourn:______________
_________________________________
Jerri Turner, Planning Assistant
The City Council Chambers is wheelchair accessible and accessible parking spaces are available. Requests for
accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Planning
Department at (936) 559-2571 or FAX (936) 559-2910 for further information.
CERTIFICATION
I certify that the above notice was posted on the public notice board at City Hall, 202 East Pilar Street, on Thursday July 5, 2018 at
3:00 p.m. I further certify that the News Media were properly notified of this meeting as stated above.
______________________________________
Jerri Turner, Planning Assistant
I certify that the attached notice and agenda of items to be considered by the Planning & Zoning Commission was removed by me from
the directory outside City Hall on the _______ day of _____________________, 2018.
Name: _____________________________ Title:_______________________________________
PLANNING AND ZONING COMMISSION
MEETING
AGENDA ITEM 2
CONSIDER AND TAKE ACTION FOR THE MINUTES
FROM JUNE 11, 2018 REGULAR SESSION
P&Z Minutes Page 1
MINUTES TO THE
PLANINNG AND ZONING BOARD
June 11, 2018– 5:00 p.m.
City Council Chambers
Members Present: Jay Anderson, Stephanie Malott, R.J. Bohac
Members Absent: Matt Turner and Don Mills
Staff Present: Leo Mantey, Jerri Turner
Others Present: Rebecca George, Rebanette Hamby, Mario Wesley
1. Call to Order: Co-Chairman, Jay Anderson opened the meeting and called it to order
at 5:05 p.m.
2. Approval of Minutes: April 9, 2018 Regular Session:
Commissioner Malott made a motion to approve the minutes. Commissioner Bohac
seconded the motion and the motion passed unanimously (3-0)
3. Public Hearing: A public hearing will be held to consider a request for a zone
change from R-3, Two Family Residential, to B-2, General Business, for a
portion of Lot 24, City Block 56, with property ID of 25113, generally located at
210 Ferndale Street.ZON18-01.
Planning Director, Mr. Leo Mantey stated that this is to only rezone a portion of this lot
from R-3 to B-2. The applicant would like to put a Beauty Salon on this property and that
is allowed in a B-2 zoning district, but not in an R-3. Applicant is asking to rezone
approximately 2400 square feet, which could increase depending on parking and
landscaping. This area shows to be a mixed use with commercial and residential. A salon
would be a less commercial use. This would not be spot zoning nor is this property in the
flood plain. Mr. Mantey stated he was done with his presentation and asked if there were
any questions.
Commissioner Bohac asked if they would be surveying and replatting the lot if approved.
Mr. Mantey stated yes they would.
Co-Chairman asked if there were any public comments for or against the request.
Rebecca George stated that she is the owner of the property and that she jus t wants to
put her own salon there. She asked about the parking requirements for the business.
Mr. Mantey stated that the parking would depend of the size of building.
Co-Chairman Anderson stated that Engineering would look at drainage. He asked if ther e
was anyone else to speak. There was not.
4. The next action item was to consider and possibly take action regarding
recommendation for a zone change from R-3, Two-Family Residential, to B-2,
P&Z Minutes Page 2
General Business, for a portion of Lot 24, City Block 56, with property ID of
25113, generally located at 210 Ferndale Street.
Co-Chairman called for a motion and Commissioner Bohac made a motion to approve
the request. Commissioner Malott seconded the motion and it was passed
unanimously.
5. Public Hearing: A public hearing will be held to consider a request for a zone
change from B-2, General Business, to R-3, Two Family Residential for Lot 13-E,
City Block 56, with property ID of 71122, generally located at Gasaway Road and
NW Stallings Drive.ZON18-02.
Planning Director, Mr. Leo Mantey explained this request. He explained that this was
opposite of the previous request. This is down zoning from Commercial to Residential. He
stated that the applicant wishes to build duplexes on the property. There are utilities in the
area and if approved, the development would have to adhere to all regulations. Mr.
Mantey stated that, the only commercial development on Gasaway faces Loop 224.
There are currently manufactured homes and houses on Gasaway Street. Mr. Mantey
stated that he believes it will blend well with the surrounding zoning.
Co-Chairman, Jay Anderson asked if there were any questions for Mr. Mantey.
Commissioner Bohac asked if there were any issues with utilities.
Mr. Mantey stated that there would not be. They are on site and can easily be tapped into.
Commissioner Malott asked if applicant plans to build on both sides of Gasaway.
Mr. Mantey stated the applicant plans to build on both sides in the long term but w ill
proceed with building on the south end first.
Co-Chairman, Anderson, asked if there was anyone to speak for or against the request.
Mario Wesley stated that there are 3 acres on one side of Gasaway Street and 4 acres on
the opposite side of Gasaway Street. He stated that he feels he could build 4-5 duplexes,
small 2 bedrooms, 2 baths on the southern end of the property and proceed to build on
the northern end later on.
Co-Chairman asked if there were any further questions for Mr. Wesley and there were
none.
6. The next action item was to consider and possibly take action regarding
recommendation for a zone change from B-2, General Business, to R-3, two Family
Residential, for Lot 13-e, City Block 61, with property ID of 71122, generally located
at Gasaway Road and NW Stallings Drive.
Co-Chairman called for a motion to approve or deny the request. Commissioner Bohac
made a motion to approve the request. Commissioner Malott seconded the motion and
the request was approved unanimously.
Agenda Item #5: ADJOURN
P&Z Minutes Page 3
Meeting was adjourned at 5:30 pm
_________________________________
Co-Chairman, Jay Anderson
_________________________________
Attest: Jerri Turner, Planning Assistant
PLANNING AND ZONING COMMISSION
MEETING
AGENDA ITEM 3
CONDUCT A PUBLIC HEARING AND CONSIDER A REQUEST FOR
APPROVAL FOR A ZONE CHANGE FROM AGRICULTURE TO R-3,
TWO-FAMILY RESIDENTIAL, FOR LOT 29, CITY BLOCK 54,
PROPERTY ID 24725, LOCATED IN THE 700 BLOCK OF TOWER
ROAD, NACOGDOCHES TEXAS.
Planning and Zoning Commission
Date: July 9, 2018
Agenda Item: 3
PRESENTER: Leo Mantey, Planning Director
ITEM/SUBJECT: Public Hearing: Consider ordinance amending the boundaries of a
zoning district within the City of Nacogdoches from Agriculture to R-3, Two-Family
Residential, for Lot 29, City Block 54, property ID 24725, located in the 700 block of Tower Road.
Submitted by Andrew Middlebrook. ZON2018-03.
Background
The request is for a zone change from Agriculture, to R-3, Two Family Residential, on Lot 29, City Block
54, property ID 24725, generally located in the 700 block of Tower Road. The applicant informed
staff the land is being rezoned for the construction of a duplex or two-family dwelling. If approved, the
entire site development will adhere to all regulations and requirements of the R-3, Two Family
Residential Zoning district. The applicant informed staff; they are aware of surround ing residential
zones and believe the intended use will be a good fit for the surrounding zones.
Existing Land Use
The entire lot is currently vacant and abounds commercial and residential zones. The surrounding land
uses are as follows
The area is primarily made up of residential uses with some pockets of vacant lots. The stretch of land
along Tower Road in that area is made up of single family homes, manufactured homes and some two-
family residences; hence additional residential development in the neighborhood will be compatible
with existing uses and will be an improvement in the neighborhood. Staff therefore believes that granting
the rezoning request will not have any adverse effect on surrounding land uses.
Zoning
The zoning designation for the said property along Tower Road is Agriculture. Surrounding zoning
include;
North R-3, Two-Family Residential
South R-3, Two-Family Residential
East Agriculture
West Agriculture
Staff believes that the proposed rezoning request is compatible with the neighborhood due to the
presence of R-3 surrounding the north and southern part of the property in question. The eastern and
western Agricultural zones are inhabited by few single family residences as well.
The areas along Tower Road where the subject property is located links to other residential zones. ; it is
therefore appropriate for the subject property to be zoned for residential purposes to match the
character and uses existing in the neighborhood. Staff therefore believes the rezoning, if granted, will
likely not have any adverse impact on surrounding zoning districts.
North Vacant
South Residences
East Residences
West Vacant
Planning and Zoning Commission
Date: July 9, 2018
Agenda Item: 3
Future Land Use
Per the 2003 Nacogdoches Comprehensive Plan, the Future Land Use for the site has been designated as
Vacant/Rural Development. Surrounding Future Land Use designation as follows;
North Vacant/Rural Development
South Vacant/Rural Development and Single Family Residential
East Vacant/Rural Development
West Vacant/Rural Development
Per the 2003 City of Nacogdoches Comprehensive Plan, the area in question was left vacant or designated
as Rural Development. The idea was to leave certain areas as wild cards to develop based on factors or
demands that will necessitate the growth the area needs in the future. This rezoning is a response to
current needs for housing and therefore fits into the goal of the Future Land Use designation. One of the
goals of the Comprehensive Plan is to encourage Growth Inward- Long-term growth in appropriate areas
to achieve an efficient, diverse and balanced pattern of land uses both within the City and urbanizing
portions of its extraterritorial jurisdiction. Some of the targeted objectives include;
Encourage infill development where appropriate (utilities, compatibility, etc.).
Coordinate the location, type and density of land use activity with utilities and transportation
planning to ensure desired development outcomes.
Plan for mixing and/or separation of land use types based on desired, location, density and
pattern of development.
Promote growth where adequate infrastructure exists.
This rezoning request will end up being an infill development that will ensure a balance of uses within
the area. In this regard though the area has not been designated for a specific use, this rezoning if granted
will help achieve some of the long term goals and objectives of the Comprehensive Plan outlined above.
This rezoning is therefore consistent with the 2003 City Comprehensive Plan.
Flood Damage Prevention:
Per the FEMA Floodplain Map, no portion of this property lies within the 100 year or 500 year flood
hazard areas. However any drainage issue will be addressed during the platting and development
stages.
Notices:
Staff sent out 7 notices to property owners within the 200 foot notification area. There were zero
(0) responses received in favor of the request, and zero (0) responses received in opposition of the
request.
Staff Recommendation
Staff has reviewed the rezoning request and believes the request if granted will allow for a land use
that will be a good fit for the neighborhood. The proposed use requested will also be developed in
accordance with the Zoning and Subdivision regulations stipulated in Chapter 118 and 90
respectively of the Nacogdoches Code of Ordinances and will therefore meet the ideals of the city
ordinances and ensure compatibility of land uses. Staff therefore recommends approval of the
rezoning request from Agriculture, to R-3, Two Family Residential, on Lot 29, City Block 54, property
ID 24725, generally located in the 700 block of Tower Road based on the following:
Planning and Zoning Commission
Date: July 9, 2018
Agenda Item: 3
1. The rezoning will likely not have any adverse impact on surrounding uses; the proposed
land use will also not have any impact on surrounding land uses and will be developed in
accordance to city regulations.
2. Per the 2003 City of Nacogdoches Comprehensive Plan, the proposed rezoning if granted
will be consistent with the City’s Comprehensive Plan.
FINANCIAL:
__X_ There is no financial impact associated with this item
_____ Item is budgeted: (______-______-______) In the amount of $__________
_____ Item is not budgeted (Budget Amendment required; please attach BA ordinance)
Amount: $____________ GL Account #: ______________________________
_____ Item is estimated to generate additional revenue: ___________________________________
CITY CONTACT: Leo Mantey, Planning Director
manteyl@ci.nacogdoches.tx.us
559-2572
ATTACHMENTS: Location Map
Aerial Map
Zoning map
Future Land Use Map
Floodplain Map
Site photos
T
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R R
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S A N D Y L N
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E D G E W O O D L N
2954
3054
28-H54
35-A-354
35-A54
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35-A-154
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28-C5428-C54
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28-D54
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RESERVE B541354
731
745
711
3022
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3113
3016
3105
723
740 736
804
3207
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Legend
Subject Property
Z18-03 Lot 29 Block 54 Location Map-Aerial
Ë
Date: 6/29/2018010020030040050FeetPrepared by Leo Mantey
T
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RESERVE B541354
731
745
711
3022
3023
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3016
3105
723
740 736
804
3207
808
Legend
Subject Property
Z18-03 Lot 29 Block 54 Location Map
Ë
Date: 6/29/2018010020030040050FeetPrepared by Leo Mantey
T
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3016
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816
Legend
Subject Property
Zoning
Agriculture
Single Family
Two Family
Z18-03 Lot 29 Block 54 Zoning Map
Ë
Date: 6/29/2018012024036048060FeetPrepared by Leo Mantey
E D G E W O O D L N
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Legen d
Subject PropertyFuture Land Use
Single Family Residential"
Z18-03 Lot 29 Block 54 Future Land Use Map
0 125 250 375 50062.5 Feet Date: 7/03/2018
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1402 Legen d
Subject Property
500 Year Flood Zone
100 Year Flood Zone
Floodway
Freshwater Emergent Wetland
Freshwater Forested/Shrub Wetland
Freshwater Pond
"
Z18-03 Lot 29 Block 54 FLOODPLAIN MAP
0 640 1,280 1,920 2,560320Feet Date: 7/03/2018
Ë
Site View South View
East View North View
West View Tower Road View