P&Z Agenda Packet 3-9-2020Nacodoches
the oldest town in Texas
THE NACOGDOCHES CITY PLANNING AND ZONING COMMISSION WILL MEET IN REGULAR
SESSION, Monday, March 9, 2020, AT 5:00 P.M. IN THE CITY COUNCIL CHAMBER ROOM 119 AT
202 EAST PILAR STREET TO CONSIDER THE FOLLOWING AGENDA ITEMS. ALL AGENDA ITEMS ARE
SUBJECT TO ACTION.
1. Call to Order.
2. Approval of Minutes: Consider and take action for the Minutes from the February 10, 2020 Regular Session
3. Public Hearing: Consider the request for a Zone Change from R-2 Single Family, to R-3 Two Family, for Lot 6,
of the Habitat for Humanity Ritchie Street Addition, located on the west side of Ritchie Street, approximately 475
feet north of Douglass Road. This request submitted by Guadalupe Salinas.
4. Public Hearing: Consider the request for a revision to the Specific Use Permit for a Fraternity House to allow for
the addition of a meeting facility, for Lot 2, of the Clark Subdivision, located at 321 Old Tyler Road. This request
submitted by Army Curtis.
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 Planning
Department at (936) 559-2574 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, March 4, 2020
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 , 2020.
Name: Title:
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
MINUTES TO THE
PLANNING AND ZONING COMMISSION
February 10, 2020— 5:00 p.m.
City Council Chambers
Members Present: Nancy Day, Stephanie Malott, Don Mills, R.J. Bohac
Members Absent: Ken Deppisch
Staff Present: Staff Intern, Samantha Velencia, Staff Assistant, Jerri Turner, City Planner, Alaina
Chafin
Others Present: Kay Bowers, Sam Wright, Ed Benchoff, , Erin Landrum
1. Cali to Order: Chairman Bohac called the meeting to order at 5:02 pm.
2. Approval of minutes: January 6, 2020 Regular Session
Commissioner Malott made a motion to approve the minutes, and Commissioner Day seconded the motion
and the request was passed unanimously.
3. Consider the request for approval of a Zone Change from B-2, General Business, to R-4, Multi -
Family, for Lots 6 & 7A, City Block 54, Block 2, of the S.M. Orton Subdivision, located at 1111
Murray Street. This request was submitted by Sam Wright.
Planning Director, Alaina Chafin stated that this property fronts Murray Street and the applicants
request is to build duplexes. This area is includes a mix of residential and commercial uses. Staff
believes that the infill development for this area will be a good balance of uses. Staff sent 18 notices
and received only one phone call with just general questions.
Chairman Bohac opened the public hearing and asked if there was anyone to speak for or against the
request.
Erin Landrum stated she and her husband own the property across the street from this proposed
property. They have a four plex and are very happy with the work Sam Wright does. He will do a great
job and it will be of quality to improve the neighborhood. I am speaking in favor of the request.
Kay Bowers asked if it was going to be Section 8 Housing.
Sam Wright stated no it would not. He stated that these are an investments for him and his tenants are
thoroughly screened.
Bowers asked how many bedrooms and baths would each unit have.
Wright stated they would be 3 bedrooms and 2 baths.
Bowers was also concerned about the children who may be living there.
Wright stated that they would have fenced backyards and there would be suitable space for children.
He has no plans of any type of playground.
Bowers stated that she is a property owner at 216 Wedgewood. The neighborhood has two four plexes,
homeowners, rentals, and there has not been changes in years. We want to upgrade the neighborhood
but this will present more vehicle and foot traffic.
Ed Benchoff stated that his office building is at 316 University Drive. He is concerned about the
increase of foot traffic. He stated that zoning changes here in Nacogdoches are frequent. He stated that
citizens should be able to act upon zoning for a long time. He stated that he objects to the rezoning and
asked that the board decline the change.
P&Z Minutes Page 1
Chairman Bohac asked if there were any further discussion.
Commissioner Day stated that she is privileged to live on Tanglewood. Mr. Wright has taken some
unbuildable property and built some really nice homes that have added value in that area. Mr. Benchoff
has a point, but when businesses are not forth coming, we have to make adjustments.
Chairman Bohac called for anyone else to speak in favor of or against, and there was no further
discussion. He called for a motion.
Commissioner Malott made a motion to approve the request. Commissioner Mills seconded the motion
and it was approved unanimously. (4-0).
ADJOURNED:
Meeting was adjourned at 5:40 pm
Chairman, R.J. Bohac
Attest: Jerri Turner, Planning Assistant
P&Z Minutes Page 2
NacoNacogdoches
the oddest town in Texas
Planning and Zoning Commission
Date: March 9, 2020
Agenda Item: 3
PRESENTER: Alaina Chafin, Planning Director
ITEM/SUBJECT: Public Hearing:
Consider an ordinance amending the boundaries of a zoning district within the City of Nacogdoches
from R-2 Single Family to R-3 Two Family for Lot 6, of the Habitat for Humanity Ritchie Street
Addition, located on the west side of Ritchie street, approximately 475 feet north of Douglass Road.
Submitted by Guadalupe Salinas. Z0N2020-04.
SUMMARY/BACKGROUND:
Background
The request is for a zone change from R-2 Single Family to R-3 Two Family for Lot 6, of the Habitat
for Humanity Ritchie Street Addition. The property is currently vacant, and the applicant proposes
to develop the property with duplexes.
Existing & Adjacent Land Uses
The subject property is currently zoned R-2 Single Family and is undeveloped. The surrounding
zoning and land uses are as follows:
Direction
Comprehensive Plan
Zoning
Land Use
North
Single Family Residential
R-3 Two Family
Mobile Home
South
Single Family Residential
R-2 Single Family
Mobile Home
East
(across Ritchie
Street)
Single Family Residential
R-2 Single Family
Vacant
West
Single Family Residential
R-4 Multi Family
Godtel Ministries
The area includes a mix of residential uses, including single family, mobile homes and multifamily
residences. There is R-3 Two Family zoning immediately abutting the property to the north along
Ritchie Street, R-2 Single Family zoning to the east and south and R-4 Multi -Family zoning to the
west. R-3 Two Family zoning is compatible with development in the area and would not adversely
impact the adjacent land uses.
Future Land Use
Per the 2003 Nacogdoches Comprehensive Plan, the Future Land Use designates the property and
the surrounding area as Single Family Residential, which is described as conventional one -family
detached dwellings. This definition also includes duplexes, which is permitted under the requested
R-3 Two Family zoning district.
This rezoning also furthers the goal of Growth Inward as outlined in the Comprehensive Plan, which
states the desire for long-term growth in appropriate areas to achieve an efficient, diverse and
NacoNacogdoches
the oddest town in Texas
Planning and Zoning Commission
Date: March 9, 2020
Agenda Item: 3
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.).
• 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 is in compliance with the Future Land Use Plan and furthers the goals and objectives
of the 2003 Comprehensive Plan.
Access & Utilities:
The subject property has adequate access to utilities, with a 6-inch sewer main and a 6-inch water
main located along Ritchie Street. Ritchie Street is a local street which functions as primary access
for the residential uses in the area.
Flood Damage Prevention:
Per the FEMA Floodplain Map, there is no floodplain located on the subject property.
Notices:
Staff sent out 9 notices to property owners within the 200 foot notification area. Since the time of
this report Staff has received no contacts regarding the request.
Recommendation
Based on the above findings, Staff recommends approval of a change of zoning for the subject
property from R-2 Single Family to R-3 Two Family.
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: Alaina Chafin , Planning Director
chafina@ci.nacogdoches.tx.us
559-2572
ATTACHMENTS: Location Map
Aerial Map
Zoning Map
Future Land Use Map
Notification Map
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Nacogdoches'
the oldest town in Texas
Planning and Zoning Commission
Date: March 9, 2020
Agenda Item: 4
PRESENTER: Alaina Chafin, Planning Director
ITEM/SUBJECT: Public Hearing:
Consider an ordinance approving a request for a revision to the Specific Use Permit for a Fraternity
House to allow for the addition of a meeting facility, on Lot 2, of the Clark Subdivision, located at
321 Old Tyler Road. Request submitted by Army Curtis. SUP2020-01.
SUMMARY/BACKGROUND:
Background
A Specific Use Permit was granted in 2011 to occupy the existing residential structure located at 321 Old
Tyler Road as a Fraternity House. The applicant proposes to construct a new meeting facility to
accommodate house meetings and other fraternity events. The approved Specific Use Permit is limited to
the occupancy of the existing residential structure, consisting of approximately 2,100 square feet. The
proposed addition is a detached 1,800 square feet facility that includes approximately 738 square feet of
assembly area. The Zoning Ordinance states that,
"No building, premises, or land use under a specific use permit may be enlarged, modified,
structurally altered, or otherwise significantly changed unless an amendment to the original
specific use permit has been obtained. The procedure for amendment of a specific use permit
shall be the same as for a new application."
The request is for a revision to the original Specific Use Permit to allow for the addition of the meeting
facility.
Zoning & Existing Land Use
The subject property is zoned R-4 Multi Family and received approval of a Specific Use Permit in 2011 to
utilize the existing residential structure as a Fraternity House. The residential structure is currently being
utilized as a Fraternity House.
Future Land Use
Per the 2003 Nacogdoches Comprehensive Plan, the property is designated as Single Family Residential.
Flood Damage Prevention:
Per the FEMA Floodplain Map, there is a small portion of the property located along the southeast
portion of the tract that falls within the 100 and 500 foot floodplain area. There are no structures or
improvements proposed in the floodplain area.
REVIEW CRITERIA
Per Section 118.173 of the Nacogdoches Code of Ordinances, the following factors are to be considered
when considering an SUP:
Nacogdoches'
the oldest town in Texas
Planning and Zoning Commission
Date: March 9, 2020
Agenda Item: 4
Compatibility. The specific use will be compatible with and not injurious to the use and enjoyment of
other property in the immediate vicinity, nor significantly diminish or impair property values within the
immediate vicinity;
Fraternity houses are often met with objections due to concerns of excess noise and vehicles and poor
maintenance of the property. Adherence to city ordinances should keep these issues to a minimum. The
noise ordinance allows police officers to utilize a "reasonableness" standard when responding to noise
complaints, thus allowing for easier enforcement. Nuisance abatement codes prohibit accumulation of
trash and tall weeds. Additionally, multi -family uses such as fraternity and sorority homes are
periodically inspected by fire inspectors for life safety code issues.
Orderly growth and development. The establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
The use as a fraternity house will not impede the development of surrounding vacant property.
Supporting Facilities. Adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided:
The site is adequately served with all basic utilities. All developments such as driveway, parking, etc. will
have to conform to current development standards except as outlined below.
Drives and Parking. The design, location and arrangement of all driveways and parking spaces
provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely
affecting the general public or adjacent developments;
In regards to off-street parking requirements, the Zoning Ordinance requires that Fraternity House
establishments provide 1 parking space for every resident living on -site, plus 1 parking space for every
100 square feet of assembly area or meeting room. Currently 9 residents are living on -site, and the site
plan proposes 738 square feet of assembly area, for a total of 54 parking spaces required.
In order to meet the minimum parking requirements the applicant is proposing 27 parking spaces on -
site, and plans to utilize the excess parking located at the nearby Auntie Pastas and Clear Springs
restaurants through a shared parking agreement. Per the shared parking agreement, the total required
and provided parking spaces are outlined below:
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Parking
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Provided
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Agreement
Balance
Clear Springs/
Auntie Pastas
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The shared parking agreement satisfies the minimum requirements for off-street parking spaces, except
that the distance between the Fraternity House being served and the off -site parking area exceeds the
maximum 500 feet permitted by the Zoning Ordinance by approximately 220 feet.
Nacogdoches'
the oldest town in Texas
Planning and Zoning Commission
Date: March 9, 2020
Agenda Item: 4
Per the site plan, the new meeting facility will be located approximately 260 feet setback from the front
property line. This location requires the least disturbance of the site and preserves the existing
vegetation and trees located along the front property line, which helps buffer and screen the area from
the street. If the facility were constructed at the minimum 20-foot front yard setback required for the
zoning district then the location of the off -site parking would meet the minimum distance requirements,
however it would result in several mature trees being removed from the property.
Additionally, the meeting facility will only be used for fraternity meetings and associated events and will
not be open to the general public. Therefore, Staff finds that based on the preferred location of the facility
and the nature of the use, that the impact of the distance for the off -site parking is minimal.
Nuisances. Adequate nuisance -prevention measures have been or will be taken to prevent or control
offensive odor, fumes, dust, noise and vibration;
As stated previously, fraternity houses are often met with objections due to concerns of excess noise and
vehicles and poor maintenance of the property. Since the approval of the initial Specific Use Permit for
the Fraternity House in 2011 there have been 16 noise complaints received by the Nacogdoches Police
Department, 13 of which took place between 2012 and 2014. According to the applicant, because of the
size constraints of the existing residential structure, the fraternity is forced to hold several of their
meetings and activities outdoors, which may result in excessive noise. The new meeting facility is
intended to create an indoor space for all future meetings, thereby reducing outdoor activities and
associated noise nuisances.
In regards to maintenance of the property, the City's abatement codes prohibit accumulation of trash and
tall weeds. There have been no code enforcement complaints for the subject property since the initial
approval of the Specific Use Permit in 2011.
Lighting. Any lighting to be provided will be directional so as not to disturb or adversely affect
neighboring properties;
The development does not propose any lighting. Outdoor lighting must meet the City's lighting ordinance
restrictions, i.e. only downlighting, no spillover lighting onto neighboring properties.
Landscaping. Sufficient landscaping and screening to ensure harmony and compatibility with adjacent
property exists or will be provided;
The majority of the property is wooded and the development does not propose any new landscaping.
The existing trees along the front property line are being preserved to meet minimum street landscaping
requirements.
Comprehensive Plan. The proposed use is in accordance with the comprehensive plan.
The comprehensive plan calls for Single Family Residential, which includes duplexes, for the majority of
this area and property to the west. The area to the east of the subject property is designated as Rural,
which may include sparsely -populated areas with limited development, but may also include land
used for agriculture, forestry, resource extraction, widely -scattered homesteads and business
establishments, natural open space, or activities not requiring permanent structures or
improvements. The Rural designation is likely due to the significant floodplain in this area.
Nacogdoches'
the oldest town in Texas
Planning and Zoning Commission
Date: March 9, 2020
Agenda Item: 4
In the desire to harmonize land uses in an area, it is always relevant to consider the predominant use or
zoning and then allocate future use or zoning that will blend and integrate better. Although the Future
Land Use designations for this area are Single Family Residential and Rural, the area is largely zoned for
multi -family residential and general business uses. Approving this amendment to the original Specific
Use Permit will not change the land uses permitted by the current underlying zoning district.
Notices:
Staff sent out 8 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 did receive one (1) phone call with general questions about the request.
Recommendation
Based on the above findings, Staff recommends approval of the amendment to the Specific Use
Permit.
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: Alaina Chafin, Planning Director
Chafina@tx.nacogdoches.tx.us
559-2572
ATTACHMENTS: Location Map
Aerial Map
Zoning Map
Future Land Use Map
Notification Map
Floodplain map
Site Plan
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LT42-ABK43
LT42 BK43
LT41 BK43
LT40BK43
LT38BK43
:ANITA
Nacogdoches"#":
LT39BK2 1
Legend
500 Year Flood Zone
100 Year Flood Zone
Floodway
Proposed Special Use Permit
Parcels
Buildings
LT
BK
LT
81
L ioi
B K°4t
or sur
oduct is for informational purposes and may
a , enginee
rposes. It does not represent an on-the-gro
esents only the,appGoirrdtbralatjvl location
ries. LEI Z.3
ll KK44
G,IS 10.7.1 LT 24-B BK 43
LT13BK43
LT34BKLf@ s.
tT 35t' n,
1$K4 _ v
grit -
Nacogdoches`/`
1/2" ROD FD (191513213
6
NTS
+
122'-6"
i
7
7
—7/7' —
/
7
+
PROPOSED
MHUB
NEW BLDG
PROPOSED
FFE-106.50
(1,800 SF)
+
NEW 4" SEWER PVC
5DR26 UJ/ MIN 1%
SLOPE, EXTENDED
TO EXIST. MANHOLE,
VERIFY TAP W/ CITY.
(DOUBLE CLEAN OUT
4 LOW SIDE)
24'-0"
RAMP6
1:12 SLOP:.
FIELD VE'IF(
RUN 4 LA DING
LOCATIO .
SHEDS
24'-0"
0
0y
28'-i „
NEW U.G. ELECTRICAL
SERVICE, VERIFY REQUIREMENTS
W/ ONCOR DELIVERY.
90'-0"
oNE
O
m
O
m
0
m
1 1
F.N.
Q/V
W F191ALVE3Z/v
W VALVE
NEW 1" WATER LINE
FROM METER TO
BUILDING. CONFIRM
EXIST. TAP SIZE 4
MODIFY SERVICE AS
NECESSARY. COORDINATE
W/ CITY OF NACOGDOCHES.
Qcc) GPI
6
!
":4: —77-- —
OHE
RIM ELEV.S9 94.1
�\ ?; >>
OPO �5 '
5 f.. '
OHE
0
ATER OAK
DBL. N>A \QP\,(
6" PVC SEWER
THETA CHI SIGN
0
SWBT
11
1/2 RD BENT
�pS
FLUSH TO EXIST.
PAVEMENT.
SITE PLAN
PP
SITE INFORMATION:
321 OLD TYLER RD.
LT 2, BK 43
AGOG HES, TX
PARKING CALCULATION:
RESIDENTS ON -SITE:
NEW ASSEMBLY AREA = 138 SF
6 6 SPACES/I00SF
TOTAL REQUIRED
EXIST. WATER
METER.
= 9 SPACES
= 45 SPACES
= 54 SPACES
21 SPACES SHOWN
29 OFF -SITE SPACES SECURED
(CLEAR SPRINGS / AUNTIE PASTAS CALC -
13,900 SF GROSS 6 imm = 139 SPACES REQUIRED
110 STRIPED SPACES NOTED + UNPAVED SPACES NOT
ACCOUNTED FOR. - AT LEAST 31 SPACES AVAILABLE)
Scat 1■ s 201-0'
FLAN
NORTH
t)
0
0
iL
REVISIONS
A 02/20/20
CITY REVIEW COMMENT
SHEET TITLE
SITE PLAN
IMP
IMI
IMP
DATE:
9-11-2019
SHEET
A-�J
OF
PROJECT NO.
10-XXX