P&Z Agenda Packet 5-11-2020City of Nacogdoches Planning Department
202 E. Pilar – PO Box 635030 – Nacogdoches, TX 75963
936-559-2574 Fax 936-559-2912 www.ci.nacogdoches.tx.us
Home of Stephen F. Austin State University www.sfasu.edu
Notice is hereby given of a Regular Meeting of the Planning and Zoning Commission to be held on May 11, 2020 at 5:00
p.m., via videoconference, for the purpose of considering the following agenda items. All agenda items are subject to
action.
In accordance with Orders of the Governor due to the COVID-19 pandemic, the City of Nacogdoches Planning and Zoning
Commission meeting will be conducted via teleconference or videoconference. Planning and Zoning Commissioners will
attend virtually and a quorum will not be present in a physical location. The meeting will be streamed live at
www.ci.nacogdoches.tx.us/21. There will be an opportunity for the public to comment on agenda items.
Members of the public who wish to submit comments on a listed agenda item must contact the Planning and Zoning
office by email at turnerjp@ci.nacogdoches.tx.us or by calling 936-559-2574 and providing their name, telephone
number and relevant agenda item upon which they wish to speak. All requests to make comments must be received by
12:00 p.m. on Monday, May 11, 2020. For all timely requests received, staff will call the submitted phone numbers
directly during the meeting when the corresponding item comes up for comment.
1.Call to Order.
2. Approval of Minutes: Consider and take action for the Minutes from the March 9, 2020 Regular Session
3.Public Hearing: Consider the request for a Specific Use Permit to allow for Mini Warehouse facility in
a B-2 General Business zoning district, for Lot 1, of the Maxwell Addition Subdivision, located at 6825 North Street.
4.Public Hearing: Consider the request for a Specific Use Permit to allow for a Garden Shop & Plant Sales – Display
or Greenhouse, in a B-1 Local Business zoning district, for Lots 13, 14, 15, and a portion of Lot 16, Block 1, Section
1, of the Colonial Hills Subdivision recorded in Volume 2536, Page 264 of the Deed of Records of Nacogdoches
County, Texas, located on the northwest corner of Appleby Sand Road and East Austin Street.
4.Public Hearing: Consider ordinance amending Chapter 18, “Zoning,” Article VI, “Development
Standards”, Division I, “Generally,” section 118-428, “Commercial sites with residential adjacency,” of the
City of Nacogdoches, Texas Code of Ordinances, providing a severability clause; providing a repeal clause;
and providing an effective date.
5. Adjourn:________________
_________________________________
Jerri Turner, Planning Assistant
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.
City of Nacogdoches Planning Department
202 E. Pilar – PO Box 635030 – Nacogdoches, TX 75963
936-559-2574 Fax 936-559-2912 www.ci.nacogdoches.tx.us
Home of Stephen F. Austin State University www.sfasu.edu
CERTIFICATION
I certify that the above notice was posted on the public notice board at City Hall, 202 East Pilar Street, on Wednesday,
May 6, 2020 at 4:00 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:_______________________________________
P&Z Minutes Page 1
MINUTES TO THE
PLANNING AND ZONING COMMISSION
March 9, 2020– 5:00 p.m.
City Council Chambers
Members Present: Ken Deppisch, Stephanie Malott, Don Mills, R.J. Bohac
Members Absent: Nancy Day
Staff Present: Staff Assistant, Jerri Turner, City Planner, Alaina Chafin
Others Present: John Ward, Army Curtis
1. Call to Order:Chairman Bohac called the meeting to order at 5:00 pm.
2. Approval of minutes: February 10, 2020 Regular Session
Commissioner Malott made a motion to approve the minutes, and Commissioner Mills seconded the motion
and the request was passed unanimously.
3. Consider the request for approval of 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 was submitted by
Guadalupe Salinas.
Planning Director, Alaina Chafin stated that this property is .14 acres, and vacant. The applicant plans
to develop the property with duplexes if approved. Staff finds this request is compatible, and in
compliance with the Comprehensive Plan. Staff recommends approval. Nine notices were sent and
staff did not receive any inquiries.
Chairman Bohac opened the public hearing and asked if there was anyone to speak for or against the
request.
Commissioner Deppisch asked about parking requirements for duplexes.
Planning Director, Alaina Chafin stated that they would have to provide off street parking, which is two
spaces for each dwelling unit, so a total of four parking spaces.
Chairman Bohac stated that the applicant is not present. He asked if there was anyone else to speak
for or against the request. There was no further discussion. He called for a motion.
Commissioner Deppisch made a motion to approve the request. Commissioner Mills seconded the
motion and it was approved unanimously. (4-0).
4. Public Hearing:Consider the request for a revision to the Specific Use Permit for a
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 was submitted by Army Curtis.
Planning Director, Alain Chafin, stated that this request is an amendment to a Specific Use Permit that
was granted in 2011 to allow the residence to be occupied as a Fraternity house. The process to
amend it the same. The Planned Development that is showing adjacent to the property has expired.
Between 2012 – 2014 there were several noise complaints to the Police Department from this location.
Not as many in recent years. This meeting facility will be used for chapter meetings. There are nine
residents living onsite. They had to provide a shared parking agreement, which is with Auntie Pasta
and Clear Springs, which are restaurants nearby.
Army Curtis stated that Chafin had laid it out pretty well. The members of the fraternity are trying to be
good stewards and have a place to hold meetings.
Chairman Bohac said his concern was pedestrians walking from the shared parking to the fraternity
P&Z Minutes Page 2
house. It was a safety issue.
Commissioner Malott asked how many members of the chapter are there.
John Ward stated between 30-35 members.
Chairman Bohac asked if there was anyone else in the audience to speak for or against the request.
There was no further discussion.
Commissioner Deppisch stated that anytime we modify a Specific Use Permit we need to make sure
that the current regulations are being met. Seems they have done a good job so far in respecting the
neighbors and meeting requirements.
Commissioner Malott asked if the pedestrians would have to cross the railroad tracks.
City Planner, Chafin, stated yes, they would.
Commissioner Deppisch asked Chafin is there was any condition that could be added to this request
that concerns her.
Chafin stated that any construction or building permits will have to comply. She stated that although
off street parking is not ideal, she believes the impact is minimal.
Commissioner Deppisch asked if it would be possible to install some signage along there.
Planning Director, Alaina Chafin, stated that this is something staff can look into. She stated she can
let City Council know the concerns of Planning and Zoning, which are signage and lighting along the
railroad area.
Chairman Bohac stated that the pedestrian access is a concern, but that the meeting facility is a great
addition. He stated that he would like for a condition to be stated to City Council. This board can not
make a condition because we do not have details of ownership of surrounding property.
Chairman Bohac called for a motion. Commissioner Deppisch made a motion to approve the request
with pedestrian safety presented to City Council. Commissioner Malott seconded the motion and it
was approved unanimously. (4-0)
ADJOURNED:
Meeting was adjourned at 5:25 pm
_________________________________
Chairman, R.J. Bohac
_________________________________
Attest: Jerri Turner, Planning Assistant
Planning and Zoning Commission
Date: May 11, 2020
Agenda Item: 3
PRESENTER: Alaina Chafin, Planning Director
ITEM/SUBJECT: Public Hearing:
Consider an ordinance approving a request for a Specific Use Permit to allow for Mini Warehouse
facility in a B-2 General Business zoning district, for Lot 1, of the Maxwell Addition Subdivision,
located at 6825 North Street. SUP2020-02.
SUMMARY/BACKGROUND:
Background
The request is for a Specific Use Permit (SUP) to allow a Mini Warehouse storage facility at 6825 North
Street. The property is comprised of approximately 0.3 acres and is currently zoned B-2 General
Business. This district is intended to accommodate those business activities that are oriented toward the
automobile, or whose operations may require limited truck access. Generally this district is located along
major traffic arteries where strip business development exists. Per the Zoning Ordinance, a Mini
Warehouse facility is allowed in the B-2 zoning district with approval of an SUP. The SUP process allows
staff, the Commission, and the City Council the opportunity to review, and impose conditions if necessary
on such development.
This development includes three phases. The first phase consists of three existing structures shown as
Buildings A, B and C as depicted on the attached site plan. The second phase includes 3 additional
buildings shown as Buildings A-1, B-1 and D as depicted on the site plan; these buildings are currently
under construction. The third (future) phase is shown as Building E.
Permit plans for the first and second phases of this development were submitted and permitted for
construction in April 2017, and December 2019, respectively. During both of these time periods the
Planning Department was undergoing staff transitions. Therefore we are retroactively requesting
approval for the special use permit for all three phases.
Zoning & Existing Land Use
The subject property is zoned B-1 Local Business and is currently vacant. The surrounding zoning and
land uses are as follows:
Direction Zoning Land Use
North
(Across Ernest Mclain Road)
A Agricultural Vacant
East
(Across North Street)
A Agricultural Hotel
South
R-3 Two Family & B-2 General
Business
Single Family & Warehouse
Distribution Facility
West I-1 Light Industrial Vacant
Planning and Zoning Commission
Date: May 11, 2020
Agenda Item: 3
Property located immediately to the south of the Mini Warehouse storage facility is zoned B-2 General
Business and R-3 Two Family. The portion zoned B-2 is currently being used as a beverage warehouse
and distribution facility, with its primary point of access taken from North Street. The property zoned R-3
is comprised of eight single family homes, with a single point of access to Industrial Drive. Property to
west is zoned I-1 Industrial and is currently vacant, while the subject property is bound on the north side
by Ernest Mclain Road.
Future Land Use
Per the 2003 Future Land Use Plan, the property is designated as Commercial. Surrounding Future Land
Use designation is as follows:
Direction Comprehensive Plan
North
(Across Ernest Mclain Road)
Rural
East
(Across North Street)
Rural
South
Commercial
West Industrial
Flood Damage Prevention:
Per the FEMA Floodplain Map, there is no FEMA regulated floodplain or floodway located on the
subject property.
REVIEW CRITERIA
Per Section 118.173 of the Nacogdoches Code of Ordinances, the following factors are to be considered
when considering an SUP:
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;
Mini Warehouse storage facilities are distinct from typical commercial Warehouse/storage facilities in
that Mini Warehouse storage is characterized by a building or group of buildings consisting of
individual, self-contained units leased to individuals, organizations, or businesses for self-service
storage of personal property; whereas commercial Warehouse/storage is typically for goods or
materials for sale in a business located on the premises or for commercial distribution.
Mini Warehouse storage facilities are often met with objections due to concerns of aesthetics, hours of
operation, and overall design. These facilities generate little traffic in comparison to other land uses
permitted in the B-2 General Commercial zoning district, and typically there are few employees onsite,
and therefore little to no crowds of customers.
Planning and Zoning Commission
Date: May 11, 2020
Agenda Item: 3
The office hours for this facility are between 9:00am to 5:00pm, Monday through Friday, and Saturdays
from 9:00am to 12:00pm. The facility is also gated, and daily gate access is restricted from 10:00pm to
6:00am, thereby reducing the opportunity for noise nuisances at night. Additionally, the existing
detention pond and mature trees located onsite create a natural buffer to light and noise between the
residential neighborhood to the south and the developed portion of the subject property.
The proposed land use is low-intensity in nature, and there have been no code enforcement complaints
for the development since its construction. Staff therefore believes the proposed use is compatible with
existing land uses surrounding the development and will not adversely affect adjacent properties, or
interfere with current quality of life of the abutting single family development to the south.
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 Mini Warehouse facility will not impede the development of the vacant property to the west.
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. The existing development and proposed future phase
conforms to current development standards.
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;
All parking areas and drives conform to current development standards.
Nuisances. Adequate nuisance-prevention measures have been or will be taken to prevent or control
offensive odor, fumes, dust, noise and vibration;
The site currently meets the minimum residential screening requirements of the Zoning Ordinance, as a
fence and landscape buffer was installed with the first phase of this development per the Zoning
Ordinance Sec. 118-429. – ‘Commercial sites with residential adjacency’.
Additionally, there is a large existing detention pond located along the western and southwestern
boundaries of the property. This area has largely been left in its natural state, with several large, mature
trees creating a natural buffer between the residential neighborhood to the south and developed portion
of the subject property. This area is serving as the required detention and drainage for the development,
and therefore will remain in its current state.
Lighting. Any lighting to be provided will be directional so as not to disturb or adversely affect
neighboring properties;
The existing outdoor lighting was permitted to 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;
There are large mature trees located on the site which the applicant has preserved to meet the residential
screening requirements per the Zoning Ordinance, as well as a screening fence that was constructed
Planning and Zoning Commission
Date: May 11, 2020
Agenda Item: 3
along the southern property line abutting the residential development. Street trees are also being
provided along North Street per the Ordinance.
Comprehensive Plan. The proposed use is in accordance with the comprehensive plan.
The 2003 Future Land Use Plan designates this area as Commercial. Commercial is described as,
“Shopping and service facilities for the sale of goods and services, including small shops and
larger retail stores and center, restaurants, hotels and motels, service stations, and various
other customer-oriented establishments.”
The Future Land Use designation is consistent with the current zoning of the property of B-2 General
Business. Generally, this zoning district is located along major traffic arteries where strip business
development exists. As stated previously, a Mini Warehouse facility is allowed in the B-2 zoning district
with approval of an SUP to allow Staff, the Commission, and the City Council the opportunity to review,
and impose conditions if necessary on such development. Approval of this SUP will not change the land
uses permitted by the current underlying zoning district.
Notices:
Staff sent out 13 notices to property owners within the 200 foot notification area. At the time that
this report was written, there were zero (0) responses received in favor of the request, and zero (0)
responses received in opposition of 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
Site Plan
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Legend
Proposed Special Use Permit
SUP 2020-02
Notice: Th is pro duct is for info rmationa l p urp oses an d ma y not have bee n pre pared for or b e suitable for le gal, e ngine ering, or surveyin g purpo ses. It doe s not re prese nt a n on-the-grou nd surve y and rep resents o nly th e app ro ximate re la tive lo cation o fproperty bou nda ries.Date Created: April 24, 2020 Software: ArcGIS 10.7.1
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Legend
Proposed Special Use Permit
Notice: Th is pro duct is for info rmationa l p urp oses an d ma y not have bee n pre pared for or b e suitable for le gal, e ngine ering, or surveyin g purpo ses. It doe s not re prese nt a n on-the-grou nd surve y and rep resents o nly th e app ro ximate re la tive lo cation o fproperty bou nda ries.Date Created: April 24, 2020 Software: ArcGIS 10.7.1
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SUP 2020-02
Legend
Proposed Special Use Perm it
A - Agriculture
B-1 - Local Business
B-2 - General Business
B-3 - Central Business
DA - Development Agreem ent
I-1 - Light Industrial
I-2 - Heavy Industrial
M - Medical
PD - Planned Developm ent
R-1 - Single Family
R-2 - Single Family
R-3 - Two Family
R-4 - M ulti Family
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Commercial
Industrial
RuralDevelopment
Legend
Proposed Special Use PermitAdopted Fu ture Land Use
Central City Mixed Use
CommercialIndustrial
Multi-Family Residential
Not Yet Coded
Parks and Recreation
Public
Rural Development
Single Family Residential
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Notice: Th is pro duct is for info rmationa l p urp oses an d ma y not have bee n pre pared for or b e suitable for le gal, e ngine ering, or surveyin g purpo ses. It doe s not re prese nt a n on-the-grou nd surve y and rep resents o nly th e app ro ximate re la tive lo cation o fproperty bou nda ries.Date Created: April 24, 2020 Software: ArcGIS 10.7.1
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Pro posed S pecial U se P ermit
200ft B uffer
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DATE:
DESIGNED BY:
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(713) 248-4305, Email: deanda@att.net
AdeA
TBPE FIRM No. F-4773
3/30/2020
J. D. BLACKLOCK
9
P. O. Box 231214, Houston, TX 77223-1214
6825 NORTH STREET
NACOGDOCHES, TX 75961
DE ANDA ENGINEERING
HIGHWAY 59 SELF STORAGE
PHASE 2
1 3/30/2020 - REVISIONS TO LANDSCAPE PLAN AS NOTED.
THE SEAL APPEARING ON THIS
DOCUMENT WAS AUTHORIZED
BY ARNOLD DE ANDA, P.E.
38752 ON MARCH 30, 2020.
Phase 1
Phase 2
Phase 3
SUP2020-02
Planning and Zoning Commission Date: May 11, 2020 Agenda Item: 4
PRESENTER: Alaina Chafin, Planning Director
ITEM/SUBJECT: Public Hearing: Consider an ordinance approving a request for a Specific Use Permit to allow for a Garden Shop & Plant Sales - Display or Greenhouse, in a B-1 Local Business zoning district, for Lots 13, 14, 15, and a portion of Lot 16, Block 1, Section 1, of the Colonial Hills Subdivision recorded in Volume 2536, Page 264 of the Deed of Records of Nacogdoches County, Texas, located on the northwest corner of Appleby Sand Road and East Austin Street. Request is submitted by Charles Shugart of StarTex Ventures. SUP2020-03.
SUMMARY/BACKGROUND: Background The request is for a Specific Use Permit (SUP) to allow a Garden Shop and Plant Sales facility at the northwest corner of Appleby Sand Road and East Austin Street. The property is comprised of approximately 1.5 acres and is currently zoned B-1 Local Business, which allows the property to be used for retail, restaurants, offices, fuel sales and other commercial activities. Per the Zoning Ordinance, a Garden Shop & Plant Sales - Display or Greenhouse is allowed in the B-1 zoning district with approval of an SUP. The B-1 zoning district is intended to accommodate those business activities supplying the day-to-day commercial needs of nearby residents. The types and intensity of uses allowed in this district are limited so as to not adversely affect neighboring residential areas. The SUP process allows Staff, the Commission, and the City Council the opportunity to review, and impose conditions if necessary on such development. An SUP was previously granted for a Garden Shop and Plant Sales facility for the subject property in May 2004, and operated for a number of years at this location. Per the Zoning Ordinance, “a specific use permit issued by the city council shall become null and void if the land use for which it was issued has been closed, vacated, abandoned, or changed to a different use for a period of 180 or more days.” The Garden Shop that was previously operating at this location has been closed for several years, and thus the SUP is expired. Zoning & Existing Land Use The subject property is zoned B-1 Local Business and is currently vacant. The surrounding zoning and land uses are as follows:
Direction Zoning Land Use
North B-1 Local Business Hair Salon
East (Across Appleby Sand Road)
R-1 Single Family Single Family & Disabled American Veterans (DAV)Building South (Across East Austin Street) B-1 Local Business Duplex & Convenient Store with Gasoline Pumps
West B-1 Local Business & R-1 Single Family Vacant & Single Family
Planning and Zoning Commission Date: May 11, 2020 Agenda Item: 4 Property located immediately the north of the subject property is zoned B-1 and is currently being used as a hair salon. A portion of the property to the west located along East Austin Street is zoned B-1 and is vacant, while the remaining property to the west is zoned R-1 Single Family and is developed as a single family neighborhood known as the Colonial Hills Subdivision. The subject property abuts Appleby Sand Road to the east and East Austin Street to the south. Future Land Use Per the 2003 Future Land Use Plan, the property is designated as Single Family Residential. Surrounding Future Land Use designation is as follows:
Direction Comprehensive Plan
North Single Family Residential
East (Across Appleby Sand Road)
Single Family Residential
South (Across East Austin Street) Single Family Residential
West Single Family Residential Flood Damage Prevention: Per the FEMA Floodplain Map, there is no FEMA regulated floodplain or floodway located on the subject property.
REVIEW CRITERIA Per Section 118.173 of the Nacogdoches Code of Ordinances, the following factors are to be considered when considering an SUP:
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; The applicant proposes to utilize the subject property for a Garden Shop and Plant Sales facility. This will include the outdoor display and sales of plants, gardening tools, trees, planting and potting mixtures, fertilizers, landscape rock, landscape decorations, landscaping equipment, gardening structures, fountains, Pottery (pots), sod, seeds, and limited produce and baked goods. The applicant proposes to preserve the large existing trees located along property line abutting the residential neighborhood to the west, which provides an additional natural buffer. The applicant also proposes to place the outdoor greenhouses on the south side of the property, away from the residential area, as noted on the conceptual site plan.
The proposed land use is low-intensity in nature and will primarily be used in the morning and afternoon hours. Staff therefore believes it is likely that the proposed use will be compatible with existing land uses
Planning and Zoning Commission Date: May 11, 2020 Agenda Item: 4 surrounding the development and not interfere with current quality of life of the abutting single family neighborhood.
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 Garden Shop and Plant Sales facility will not impede the development of surrounding vacant property to the west.
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 proposed improvements such as drives, parking, etc. will have to conform to current development standards.
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; The applicant proposes to utilize the existing driveways and parking area. All new parking areas will conform to current development standards. As noted on the conceptual site plan, the driveway on East Austin Street will be restricted to ‘exit only’.
Nuisances. Adequate nuisance-prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The proposed land use is low-intensity in nature and the applicant is proposing additional measures to mitigate nuisances that may be associated with light and noise. These include the following:
• Preservation of large mature trees located along property line abutting the residential neighborhood.
• Outdoor greenhouses and parking will be located on the east and south side of the property, away from the residential area. Based on conceptual site plan provided, staff believes there will be minimal nuisance in this regard.
Lighting. Any lighting to be provided will be directional so as not to disturb or adversely affect neighboring properties; There is no outdoor lighting proposed between the preserved trees and the residential neighborhood to the west. 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; There are large mature trees located on the site which the applicant proposes to preserve as part of this development. Per the Zoning Ordinance, a screening fence and buffer plantings are required along the property line abutting the residential neighborhood, and street trees are required along Appleby Sand Road and East Austin Street.
Planning and Zoning Commission Date: May 11, 2020 Agenda Item: 4
Comprehensive Plan. The proposed use is in accordance with the comprehensive plan. The 2003 Future Land Use Plan designates this area and surrounding properties as Single Family Residential, which is described as “conventional one-family detached dwellings which includes
duplexes”. 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 designation for this area is Single Family Residential, the subject property and surrounding properties located at the intersection of Appleby Sand Road and East Austin Street are zoned B-1 Local Business, which is intended to accommodate those business activities supplying the day-to-day commercial needs of nearby residents, while not adversely affecting neighboring residential areas. Apart from Land Use, the development’s location is appropriate for transportation considerations, being located at the intersection of two major arterials as designated on the Thoroughfare Plan, and should not impede current traffic patterns. Additionally, the proposed development furthers the goals of the 2003 Comprehensive Plan of promoting
Growth Inward by encouraging infill development where appropriate (utilities, compatibility, etc.); and by Avoiding Undesirable Development Outcomes by coordinating future development with the physical environment to preserve and protect natural features. Notices: Staff sent out 14 notices to property owners within the 200 foot notification area. At the time that this report was written, there was one (1) response received in favor of the request, and one (1) response received in opposition of the request citing specific concerns about drainage in the area. Recommendation Based on the above findings, Staff recommends approval of 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 Site Plan
A P
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17193413 1806
1706 1725 1816
3016 3011
1708
17303410
17143326 1805
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18273301
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31063101
3100
3027
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Legend
Proposed Special Use Permit
SUP 2020-03
Notice: Th is pro duct is for info rmationa l p urp oses an d ma y not have bee n pre pared for or b e suitable for le gal, e ngine ering, or surveyin g purpo ses. It doe s not re prese nt a n on-the-grou nd surve y and rep resents o nly th e app ro ximate re la tive lo cation o fproperty bou nda ries.Date Created: April 24, 2020 Software: ArcGIS 10.7.1
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Legend
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Notice: Th is pro duct is for info rmationa l p urp oses an d ma y not have bee n pre pared for or b e suitable for le gal, e ngine ering, or surveyin g purpo ses. It doe s not re prese nt a n on-the-grou nd surve y and rep resents o nly th e app ro ximate re la tive lo cation o fproperty bou nda ries.Date Created: April 24, 2020 Software: ArcGIS 10.7.1
0 100 20050 Feet
SUP 2020-03
8
R-1
R-1
R-1
B-1
R-1
R-1
B-1
R-1
R-1
R-1
R-1
R-1
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Notice: Th is pro duct is for info rmationa l p urp oses an d ma y not have bee n pre pared for or b e suitable for le gal, e ngine ering, or surveyin g purpo ses. It doe s not re prese nt a n on-the-grou nd surve y and rep resents o nly th e app ro ximate re la tive lo cation o fproperty bou nda ries.Date Created: April 24, 2020 Software: ArcGIS 10.7.1
SUP 2020-03
Legend
Proposed Special Use Perm it
A - Agriculture
B-1 - Local Business
B-2 - General Business
B-3 - Central Business
DA - Development Agreem ent
I-1 - Light Industrial
I-2 - Heavy Industrial
M - Medical
PD - Planned Developm ent
R-1 - Single Family
R-2 - Single Family
R-3 - Two Family
R-4 - M ulti Family
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Proposed Special Use PermitAdopted Fu ture Land Use
Central City Mixed Use
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Not Yet Coded
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Single Family Residential
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City Council Meeting
Date: May 11, 2020
Agenda Item: 5
PRESENTER: Alaina Chafin, Planning Director
ITEM/SUBJECT: Public Hearing:
Consider ordinance amending Chapter 18, “Zoning,” Article VI, “Development
Standards,” Division I, “Generally,” Section 118-428, “Commercial sites with
residential adjacency,” of the City of Nacogdoches, Texas Code of Ordinances,
providing a severability clause; providing a repeal clause; and providing an
effective date.
Background
Staff is in the process of assessing city ordinances to ensure they meet current
developmental needs, and to recommend innovative, economical, and modern
ways to promote smart growth and compatibility in development within the city
limits and beyond.
City staff has reviewed the current city landscaping and screening
requirements and recommends the following changes to Section 118-428,
“Commercial sites with residential adjacency,” of the Zoning Ordinance in
order to create flexibility to waive screening and buffer requirements adjacent
to residential properties under certain circumstances, and provide for
substitutions to promote tree preservation and natural buffers when
appropriate:
1. Addition of an Exceptions clause to allow waivers to the requirement
for a fence or wall when properties abut natural features, and/or
when natural vegetation exists to provide sufficient screening;
2. Provisions that would allow a reduction in buffer plantings if a
masonry wall is provided instead of a wooden fence;
3. Provisions that would accommodate existing utility/drainage
easements located in required buffer yards.
4. Addition of a Substitutions clause that would allow fences to be
substituted for additional landscaping referred to as a ‘Living Screen’.
Staff Recommendation
Staff recommends approval of the ordinance amendment due to the following;
The amendments promote the preservation of natural vegetation, and
encourage enhanced buffers adjacent to creeks and FEMA floodway,
thereby promoting preservation of our natural waterways.
The amendments promote natural screening, which enhances the
aesthetics of nonresidential development, and provides for more
efficient screening over time.
The amendments encourage the construction of masonry walls in lieu
of wooden fences, which provide for a more effective visual screen and
enhanced aesthetic.
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
SUPPORTING DOCUMENTATION:
Zoning Ordinance Section 118-429. Redlines
Sec. 118-429. - Commercial sites with residential adjacency.
(a) (a) Applicability. Where nonresidential sites are immediately adjacent to residentially zoned
properties, including adjacencies where there is an intervening alley, the standards of this section
shall apply.
(b) Exceptions to Required Fences. An exception to the screening fence requirement may be granted
by the Planning & Zoning Commission based on a recommendation from the City Planner. One or
more of the following conditions must be present or apply for consideration of an exception:
i. The required fence or wall and buffer yard is adjacent to a natural feature, such as a
creek or FEMA designated floodway. Under this provision the requirement for a fence
may be waived if a 30-foot landscape buffer is provided and preserved in its natural state
between the developed area and the natural feature. In addition, one tree shall be
provided for each 25 feet of common adjacency. The tree shall be a preserved tree or, if
a newly planted tree, shall be a minimum container size of five gallons at the time of
planting.
i.ii. Vegetation exists which is at least six feet high and non-transparent year-round, and
visibly separates one (1) use from another and shields or blocks noise, glares, or other
nuisances. The existing vegetation shall consist of canopy and non-canopy trees which
are shown through a tree survey, and is protected in accordance with Section 118-431.c,
Tree planting equivalency credits, of this Zoning Ordinance. Landscape buffer yards
under this provision shall be fifteen (15) feet wide.
(cb) Building setback. Minimum building setbacks on side and rear yards of nonresidential properties,
which are immediately adjacent to residential properties, shall be the more restrictive of either the
nonresidential zoning district, or the adjacent residential zoning district.
Figure 6. Building Setback Adjacent to Residential District
(dc) Screening. Screening shall be in accordance with the following:
(1) Generally. A solid screening wall shall be constructed on the nonresidential property in close
proximity to the residential property line in order to screen views and windblown trash and
debris. In addition, a ten-foot wide landscaped buffer with one tree for each 25 feet of common
adjacency shall be provided. The tree shall be a preserved tree or, if a newly planted tree, shall
be a minimum container size of five gallons at the time of planting.
(2) Screening wall standards. The screening wall shall be constructed of solid masonry material on
a concrete foundation, or solid wood fence with metal structural supports to a minimum height of
six feet tall. The finished side of the wall shall be constructed to face the residential property. All
screening walls shall be constructed according to minimum specifications approved by the
building official. Buffer plantings may be reduced by half if providing a masonry wall instead of a
wooden fence.
(3) Screening tree standards. Required trees shall be non-deciduous in order to provide year-
round screening and shall be of a type and species listed in subsection 118-430(f)(2) below.
(4) [Maintenance of screening.] It shall be the responsibility of the nonresidential property owner to
maintain the screening wall in good condition and to maintain the screening trees in a healthy
condition at all times. This may include the installation of an irrigation system if conditions
warrant. Screening trees shall be replaced with new trees as the trees die or are removed.
(5) Where utility or drainage easements or other similar situations exists in the required buffer yard,
the buffer yard may be reduced by the width of the easement; however, an additional five to ten
feet may be required beyond the width of the easement in these situations to allow for the
required plantings and fence or wall. All new plantings and irrigation shall be located outside of
the easement. The required fence or wall may be located within the easement with the approval
of the City Planner and City Engineer.
(6) Substitutions.
a) Living Screens may be substituted for the required fence or wall and landscape buffer,
subject to the following provisions:
i. Evergreen Buffer: Shall consist of a 15-foot landscape buffer with two rows of
triangular spaced evergreen trees (minimum six feet in height at time of planting) to
create a solid screen along the common property line. Double rows of evergreen
trees shall be staggered and planted no more than 10 feet apart in each row.
ii. Hedge Wall: Fences and walls may be substituted with a solid plant or hedge wall
that is greater than six (6) feet in height with approximately one hundred (100)
percent opacity. All plantings for a hedge wall must be a minimum of fifteen (15)
gallons each. The solid plant or hedge wall must be evergreen. Landscape buffer
yards under this provision shall be fifteen (15) feet wide.
b) Evergreen trees planted in accordance with this subsection shall be comprised of the
following as listed in subsection 118-430(f): Cherry laurel, Yaupon, Wax myrtle, American
holly, Eastern red cedar, and Arizona Cypress.
(Ord. No. 1708-6-16 , § 2, 6-21-2016)