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