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09.10.2018 PLANNING AND ZONING COMMISSION MEETING September 10, 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, SEPTEMBER 10, 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 August 13, 2018 Regular Session 3. Public Hearing: A public hearing will be held to consider a request and take action for a zone change from A- Agriculture to I-2, Heavy Industrial, for Lot 28, City Block 59, Property ID 7313 located at 3602 Rayburn Drive. Z18-05. 4. Staff briefing on proposed Stakeholders Meeting 5. 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 P lanning 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 Wednesday, September 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 AUGUST 13, 2018 REGULAR SESSION P&Z Minutes Page 1 MINUTES TO THE PLANINNG AND ZONING BOARD August 13, 2018– 5:00 p.m. City Council Chambers Members Present: Matt Turner, R.J. Bohac, Don Mills Members Absent: Stephanie Mallot, Ken Deppisch Staff Present: Leo Mantey, Jerri Turner, Caleb Hill Others Present: Jason Barber, Kim Crisp, Randall DeRuiter, Valerie DeRuiter, David Hinson, Donna Hinson, Kyle Drewery, Ray Stoner, Susan Stoner 1. Call to Order: Chairman Matt Turner opened the meeting and called it to order at 5:10 p.m. 2. Approval of Minutes: July 9, 2018 Regular Session: Commissioner Bohac made a motion to approve the minutes. Commissioner Mills seconded the motion and the motion passed unanimously (3-0) 3. Public Hearing: A public hearing will be held to consider a request and take action for a zone change from R-1, Single Family Residential, to R-2, Single Family Residential, for Lot 89, City Block 54, Property ID 13112, located on Appleby Sand Road. Z18-04. Planning Director, Mr. Leo Mantey stated that the case is to rezone property located on Appleby Sand Road. The lot is about 15 acres of wooded property. It is zoned for single family homes(R- 1). The applicant is a local contractor who has built some subdivisions in the city. Mr. Mantey stated that, the about 15-acre property is currently zoned R-1 which allows a minimum lot area of 8250SF. The developer proposes to change the zoning to R-2 to provide some variety of lot sizes in the area. Conforming to the R-2 zoning, the minimum lot width is 60’ wide and will have a minimum surface area of 6,000SF. The concept plan depicts 60 residential lots with the typical lot size of 6,500 SF (60’x109), concrete curb and gutter streets, and utility connections to both public water and sanitary sewer. Storm water mitigation will be controlled by a retention pond located on the south side of the property. He stated that the pond will be maintained by the HOA and will have walking trails and benches to add a park-like atmosphere. The development will also preserve some trees to help preserve the character of the neighborhood. Chairman Turner asked if there were any comments for or against the request. Randy DeRuiter stated that he has a lot in Belle Pointe. He stated he is opposed to the zone change. Believes it will be closely packed houses. David Hinson stated that he does not have a complaint about the subdivision but has concerns about density. His property is on Hunters Ridge and there would be several houses next to his property. Donna Hinson stated that she would not have the privacy she has now. She stated they moved to Texas in 2004 because they could purchase property with acreage and privacy. She stated that she doesn’t want a person’s backyard in her back door. Ray Stoner stated that it would not be good for the character of the neighborhood. He asked how much impermeable ground there would be. City Planner, Leo Mantey stated that approximately 14,000 square feet triggers a detention pond. P&Z Minutes Page 2 Jason Barber stated that he has tremendous respect for the contractor and it will be nice. He and his wife own 13 acres on Appleby Sand Road and he is concerned with traffic and he asked about a Planned Development. Mr. Mantey stated a Planned Development allows for reduction or negotiation in setbacks, lot sizes etc and therefore believes the R-2 will be a better option. Hinson stated that they did not realize he could build regardless. Mr. Mantey explained that the lot is zoned R-1, the applicant can still build on site regardless of the zoning change being approved or not. Commissioner Mills stated that his question was answered on how many houses. There would be sixty. Kyle Drewery stated that he is in favor of the request. He said it is a very attractive part of town. He stated he lives in Broadmoor Subdivision. He has doe and fawn in his yard every day. These would be homes that young people could afford and would have an economic impact. It’s vital to Nacogdoches. Mr. Crisp cares about his clients and does for them what other contractors would not do. Kim Crisp stated that he is the developer. He stated he completed Colony Creek and Summer Hill Circle and has bought the lots in Broadmoor. There would be a green belt required and buffers in front for road noise. The detention pond would be calculated by engineer. He would have a nice, attractive entry way. Chairman Turner asked if there were any further questions. Chairman Turner asked if there were anymore comments and there were none. He called for a motion. Commissioner Mills made a motion to approve the request. Commissioner Bohac seconded the motion and it passed unanimously. Agenda Item #5: ADJOURN Meeting was adjourned at 6:40 pm _________________________________ Chairman, Matt Turner _________________________________ 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 A-AGRICULTURE TO I-2, HEAVY INDUSTRIAL, FOR LOT 28, CITY BLOCK 59, PROPERTY ID 7313 LOCATED AT 3602 RAYBURN DRIVE, NACOGDOCHES TEXAS. Planning and Zoning Commission Date: September 10, 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 A-Agriculture to I-2, Heavy Industrial, for Lot 28, City Block 59, Property ID 7313, located on Rayburn Drive. Submitted by David Singleton. ZON2018-05. Background The request is for a zone change from A-Agriculture, to I-2, Heavy Industrial, on Lot 28, City Block 59, property ID 7313, generally located 0.71 miles south Loop 224 along Rayburn Drive at the edge of the city limits. The applicant informed staff the land is being rezoned to develop an auto repair shop. The 1.99-acre property is currently zoned A-Agriculture which allows the property to be presently used for agricultural purposes, newly annexed, for open spaces, or area not yet developed due to unavailability of urban services. The development proposes to change the zoning to I-2 to provide commercial and industrial use. The applicant proposes to use the existing building on site for an auto repair shop. If approved, the entire site development will adhere to all regulations and requirements of the I-2, Heavy Industrial Zoning district. The applicant informed staff; they are aware of surrounding industrial and agricultural zones and believe the intended use will be a good fit for the surrounding zones. Existing Land Use The lot has a metal building on site and abounds industrial and agricultural zones. The surrounding land uses are as follows; The area is primarily made up of industrial and commercial uses with some pockets of vacant lots. The stretch of land along Rayburn Drive in that area is made up of mixed uses comprising heavy industrial, commercial, and residences. The applicant has proposed a commercial use because he feels there are existing uses of such nature in the area. Staff has done a reconnaissance survey and has confirmed some industrial and commercial activities in the area, with some residences having accessory commercial uses on site. Staff therefore believes the proposed use will not be new in the area. Zoning The zoning designation for the said property along Rayburn Drive is A-Agriculture. Surrounding zoning include: North A-Agriculture/Heavy Industrial South A-Agriculture East Outside City Limits West A-Agriculture North Vacant/Commercial South Industrial ( Water Treatment Plant) East Outside City Limits(Residential/Industrial uses) West Outside City Limits/Industrial Planning and Zoning Commission Date: September 10, 2018 Agenda Item: 3 There are pockets of Industrial Zoning within close proximity of the subject property to the north. Auto Repair – General, along with other automobile related use outside of auto rental and auto dealer, is allowed in this proposed zoning. Staff believes the proposed rezoning will likely not have any impact on surrounding zones taking into consideration the presence of industrial activities in the area. Future Land Use Per the 2003 Nacogdoches Comprehensive Plan, the Future Land Use designates about 20% of the property as Industrial. The remaining portion is designated as Vacant to allow for any use that fits the demand of the neighborhood. Surrounding Future Land Use designation as follows: North Industrial South Vacant/Not Yet Designated East Outside City Limits West Outside City Limits The rezoning, if approved, might likely not have any adverse impact on the Future Land Use designation since there is a portion of the subject property designated as Industrial. The entire properties to the north within the City limits are also designated as Industrial. Flood Damage Prevention: Per the FEMA Floodplain Map, a greater portion of this property lies within the 100-year flood hazard area. This is not for residential use, and the property owner has been notified for future development caution. Building in the floodplain is not prohibited so far as the necessary requirements by FEMA are adhered to. Staff would ideally not advise a residential use on the property. There is an existing metal building on site for the proposed auto repair shop. Notices: Staff sent out 14 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 believes an auto repair shop will be a better fit for the site as compared to a residential use due to the presence of the floodplain. Staff has also advised the property owner of potential future hazard relating to development in the 100-year floodplain. 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 Planning and Zoning Commission Date: September 10, 2018 Agenda Item: 3 ATTACHMENTS: Location Map Aerial Map Zoning map Future Land Use Map Floodplain Map Site photos LT 13-B BK 59 LT 13-B BK 59 LT 13-A BK 59 LT 10 BK LT 10 BK LT 5 BK LT 2-3 BK LT 3-1 BK LT 2-3 BKLT 2-3 BK LT 1 BK LT 1-1 BK LT 3-1 BK LT 3-2 BK LT 5-1 BK LT 5 BK LT 5 BK LT 2-3 BK 2912 2912 2912 3412 3412 3418 3422 3426 3510 3602 362536273629 3517 3509 3607 36113500 ³ 0 290 580 870 1,160145Feet Legend 2603 Rayburn Dr City Limits ETJ Location MapZ18-05 3602 Rayburn Drive Date: 8 /27/2018 Author: Cale b Hill LT 13-B BK 59 LT 13-B BK 59 LT 13-A BK 59 LT 10 BK LT 10 BK LT 5 BK LT 2-3 BK LT 3-1 BK LT 2-3 BKLT 2-3 BK LT 1 BK LT 1-1 BK LT 3-1 BK LT 3-2 BK LT 5-1 BK LT 5 BK LT 5 BK LT 2-3 BK 2912 2912 2912 3412 3412 3418 3422 3426 3510 3602 362536273629 3517 3509 3607 36113500 ³ 0 290 580 870 1,160145Feet Legend 2603 Rayburn Dr City Limits Aerial Location MapZ18-05 3602 Rayburn Drive Date: 8 /27/2018 Author: Cale b Hill LT 13-B BK 59 LT 13-B BK 59 LT 13-A BK 59 LT 10 BK LT 10 BK LT 5 BK LT 2-3 BK LT 3-1 BK LT 2-3 BKLT 2-3 BK LT 1 BK LT 1-1 BK LT 3-1 BK LT 3-2 BK LT 5-1 BK LT 5 BK LT 5 BK LT 2-3 BK 2912 2912 2912 3412 3412 3418 3422 3426 3510 3602 362536273629 3517 3509 3607 36113500 I-2 ³ 0 290 580 870 1,160145Feet Legend 2603 Rayburn Dr City Limits Agriculture Heavy Industrial ZONING MAPZ18-05 3602 Rayburn Drive Date: 8 /27/2018 Author: Cale b Hill LT 13-B BK 59 LT 13-B BK 59 LT 13-A BK 59 LT 10 BK LT 10 BK LT 10 BK LT 5 BK LT 2-3 BK LT 3-1 BK LT 2-3 BKLT 2-3 BK LT 1 BK LT 1-1 BK LT 3-1 BK LT 3-2 BK LT 5-1 BK LT 5 BK LT 5 BK LT BKLT BK LT 2-3 BK 2912 2912 2912 2912291229122912 2912 29122912 2912 2912 2912 2912 2912 3412 3412 3412 3418 34223426 3510 3602 36253627 3517 3509 3607 36113500 ³ 0 440 880 1,320 1,760220Feet Legend 2603 Rayburn DrFuture Land Use Industrial City Lim its Z18-05 3602 Rayburn Drive Future Land Use Map Date: 8 /29/2018 Author: Cale b Hill LT 13-B BK 59LT 13-B BK 59 LT 13-A BK 59 LT 10 BK LT 10 BK LT 10 BK LT 5 BK LT 2-3 BK LT 3-1 BK LT 2-3 BKLT 2-3 BK LT 1 BK LT 1-1 BK LT 3-1 BK LT 3-2 BK LT 5-1 BK LT 5 BK LT 5 BK LT BK LT 2-3 BK 2912 291229122912 2912 29122912 2912 2912 3412 3412 3412 3418 34223426 3510 3602 36253627 3517 3509 3607 36113500 ³ 0 440 880 1,320 1,760220Feet Legend 2603 Rayburn Dr City Lim its2010 FEMA FLOOD ZONES FLD_ZONE 100 Year 100 Year 500 Year Floodplain MapZ18-05 3602 Rayburn Drive Date: 8 /27/2018 Author: Cale b Hill Site View South View East View North View West View Rayburn Drive Street View Z2018 -05 RAYBURN DRIVE SITE PHOTOS