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P&Z Agenda Packet 04-12-2021 Naco doches the oldest town in Texas Notice is hereby given of a Regular Meeting of the Planning and Zoning Commission to be held on April 12, 2021 at 5:00 p.m., via teleconference or videoconference, with the opportunity to appear in person in the Council Chambers, Room 119 of City Hall, 202 E. Pilar Street, Nacogdoches, Texas, 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 & Zoning meeting will be deemed as being conducted via teleconference or videoconference. However, some Board Members may attend virtually, while others may be present in the above stated physical location. Regardless, 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 either by teleconference or in person in Council Chambers. For those attending in person, strict adherence to COVID-19 related CDC guidelines will be enforced at all times. Members of the public who wish to submit comments on a listed agenda item in writing or via teleconference must contact the Planning & Zoning office by email at pollettejanactx.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 via teleconference must be received by 12:00 p.m. on Monday, April 12, 2021. For all timely requests received, staff will call the submitted phone numbers directly during the meeting when the corresponding item comes up for comment. NOTE: The incoming phone call from City staff will be an unfamiliar number. 1. Call to Order. 2. Pledge of Allegiance. 3. Open Forum: Nacogdoches Planning & Zoning Commission welcomes public comments at regularly scheduled meetings. In addition to public comment on agenda items, the Commission offers an open forum whereby citizens may comment on governance issues over which the City of Nacogdoches has domain. In accordance with the Texas Open Meetings Act, members of the Commission shall not discuss, deliberate, or make any decisions on topics not posted as an agenda item. Speakers should address all remarks to the Commission and limit your remarks to no more than 3 minutes. 4. CONSENT AGENDA: All matters listed under the Consent Agenda, are considered routine by the Commission and will be enacted by one motion. These items include final plats where staff has found compliance with all minimum subdivision regulations. All items approved by Consent are approved with any and all staff recommendations. Since there will not be separate discussion of these items, citizens wishing to City of Nacogdoches Planning Department 202 E. Pilar— PO Box 635030— Nacogdoches, TX 75963 936-559-2574 -1 Fax 936-559-2912 n www.nactx.us Home of Stephen F. Austin State University-www.sfasu.edu Naco doches the oldest town in Texas address the Commission regarding one or more items on the Consent Agenda may address the Commission at this time as well. If any Commissioner desires to discuss an item on the Consent Agenda it may be moved to the Regular Agenda for further consideration. a. Approval of Minutes: Consider approval of minutes from the March 8, 2021 Planning & Zoning Commission meeting. b. Final Plat: Consider approval of the Final Plat for the Texas Street Subdivision, located at 800 Texas Street, and more generally located at the corner of Texas Street and Cason Street. 5. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. 6. REGULAR AGENDA: a. Public Hearing: Consider a Zone Change from R-1 Single Family to B-2 General Business for Lot 1-A, City Block 64, located at 2827 Railroad Street. This request has been submitted by Warren Sparks. Case File ZON2021-01. b. Public Hearing: Consider a Specific Use Permit for an Accessory Apartment, for Lot 7-A, being part of Lot 7-B, City Block 67 as described in a deed from Thomas Stanley, et ux, to Glen Anderson, et ux, dated April 21, 2003, recorded in Volume 1981, Page 196 of the DRNCT. This property is located at 225 East Parker Road. This request has been submitted by Brent & Heather Beal. Case File SUP2021-02. c. Sign Variance: Consider a variance to the sign ordinance for a pole sign that exceeds the area, height, and setback requirements for property located at 1122 North University Drive. This request has been submitted by David Sowell, with University Reality LTD. Case File SV02021- 01. 7. Discussion and possible action on future agenda items: A Planning &Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. 8. Adjourn: City of Nacogdoches Planning Department 202 E. Pilar— PO Box 635030— Nacogdoches, TX 75963 936-559-2574 -1 Fax 936-559-2912 n www.nactx.us Home of Stephen F. Austin State University-www.sfasu.edu Naco doches the oldest town in Texas Juan Pollette, Planning Technician 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, April 7, 2021 at 5:00 p.m. I further certify that the News Media were properly notified of this meeting as stated above. Juan Pollette, Planning Technician 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 , 2021. Name: Title: City of Nacogdoches Planning Department 202 E. Pilar— PO Box 635030— Nacogdoches, TX 75963 936-559-2574 -1 Fax 936-559-2912 F1 www.nactx.us Home of Stephen F. Austin State University-www.sfasu.edu MINUTES TO THE PLANNING AND ZONING COMMISSION March 8, 2021—5:00 p.m. Hybrid Meeting Members Present: Nancy Day, Ken Deppisch and Don Mills Members Absent: R.J. Bohac and Stephanie Malott Staff Present: City Planner, Alaina Chafin; Planning Technician, Juan Pollette; City Engineer, Steve Bartlett; and IT Technician, Justin Bailey Others Present: Warren Sparks (Applicant) and Nick Galen (Applicant) 1. Call to Order: Vice Chairman Deppisch called the meeting to order at 5:07 pm. 2. Pledge of Allegiance. 4W 3. Open Forum: No one spoke during Open Forum. 4. Items to be removed from Consent Agenda: None 5. Consent Agenda: Items included under Consent Agenda require little or no deliberation by the Planning & Zoning Commission. Approval of Consent Agenda authorizes the City Planner or her designee to proceed with the conclusion of each in accordance with staff recommendations as reflected in the minutes of this meeting. a. Approval of minutes: February 8, 2021 Regular Session Commissioner Day made a motion to approve the minutes, and Vice Chairman Deppisch seconded the motion and the minutes were approved unanimously. 6. Regular Agenda: a. Public Hearing: Consider a Zone Change from R-1 Single Family to B-2 General Business for Lot 1-A, City Block 64, located at 2827 Railroad Street. This request has been submitted by Warren Sparks. Case File ZON2021-01. City Planner Chafin stated that this item was brought before the commission on February 8, 2021 and was tabled until today's meeting to try and evaluate alternative solutions for the zone change. City Planner Chafin stated that due to delays, the applicant requested one additional postponement of the hearing until the next regular session of the Planning & Zoning Commission in April, 2021. Vice Chairman Deppisch opened the hearing to the public. There was no one to speak for or against the postponement of the zone change. Vice Chairman Deppisch closed the public hearing and asked for a motion. Commissioner Day made a motion to postpone the hearing until the next regular session of the Planning &Zoning Commission in April, 2021. Vice Chairman Deppisch seconded the motion and it passed unanimously(3-0). P&Z Minutes Page 1 b. Public Hearing: Consider a Zone Change from B-2 General Business to R-4 Multi-Family for Lots 10-B-1 & 10- B-1 (EASMT), 11 & 11-B, City Block 54, located on Martinsville Street. This request has been submitted by Nick Galen of Aspen Heights Partners. Case File ZON2021-02. City Planner Chafin presented the item and recommended approval of the zone change. City Planner Chafin stated that Staff did send out 23 written notices to property owners within the 200 foot notification area and did not receive any contacts for or against the request. City Planner Chafin stated that this zoning application was not subject to the additional noticing practices approved by City Council on January 19, 2021, but all future applications received on or after March 1, 2021 will be subject to those additional notification requirements. Vice Chairman Deppisch asked if there was a plan to add pedestrian access along Martinsville Street. City Planner Chafin stated no, not at this time. Vice Chairman Deppisch asked if there would be an issue with the expansion of utilities to the project. City Engineer Bartlett stated that there are utilities in that area. Commissioner Day asked if the developer of the property bears or shares the cost to upgrade existing utilities. City Engineer Bartlett stated that according to the city ordinance, if there are no utilities on site, the city will pay for utility extensions up to the first 500 feet. Vice Chairman Deppisch opened the public hearing and asked if anyone present would like to speak on this item. There was no one to speak for or against the zone change request. Vice Chairman Deppisch closed the public hearing and called for a motion. Commissioner Day made a motion to recommend approval of the zone change request from B- 2, General Business to R-4, Multi-Family. Vice Chairman Deppisch seconded the motion and the motion was approved unanimously(3-0). 7. Discussion and possible action on future agenda items: City Planner Chafin stated that the Request for Qualifications (RFQ) for the City's Comprehensive Plan and Downtown Master Plan has been posted and the deadline for those responses are March 26, 2021. City Planner Chafin stated that there are plans to conduct a Planning & Zoning Commission training and retreat later this year. Vice Chairman Deppisch asked if the RFQs included a plan for the future 1-69 corridor. City Planner Chafin stated yes they did. Vice Chairman Deppisch asked if there were any further questions from the Commission. There were none. 8. Adjourned: Meeting was adjourned at 5:34. P&Z Minutes Page 2 Vice Chairman, Ken Deppisch Attest: Juan Pollette, Planning Technician P&Z Minutes Page 3 Planning and Zoning Commission Nacoadoche Date: April 12, 2021 the oldest town in Texas Agenda Item: 4.b PRESENTER: Alaina Chafin,AICP, City Planner ITEM/SUBJECT: Consider approval of the Final Plat for the Texas Street Subdivision, consisting of approximately 5.7 acres,located at 800 Texas Street. OVERVIEW: The proposed subdivision creates six (6) single family residential lots ranging in size from 0.6 to 2.3 acres. The property is located in the city center,at the intersection of Texas and Cason Street. STAFF REVIEW: The City Planner and City Engineer have reviewed the proposal and found that the design conforms to City standards. Plat Design&Proposed Development The proposed subdivision creates six (6) single family residential lots ranging in size from 0.6 to 2.3 acres. The property shown as Lot 1 is already developed with a single family home. The owner has not indicated any intentions of replacing or changing the land use. Zoning Issues The property is zoned R-1, Single Family. This zoning classification requires a minimum lot size of 75 feet by 110 feet, for a total of 8,250 square feet of lot area. As shown in the attached plat, the lots exceed these requirements and therefore are in conformance with the zoning regulations. This plat is a good initiative towards infill residential development. Drainage.Utility,and Access Issues The Engineering Department has reviewed the plat and determined there are adequate utilities in the area. There are currently no drainage issues. Any new development that occurs must meet the City's drainage ordinance requirements. Access drives must meet the City's driveway guidelines.All of the lots will front and take direct access to Texas Street. Review and Approval by Planning and Zoning Commission This subdivision plat must be reviewed by the Planning and Zoning Commission because it contains more than four lots. STAFF RECOMMENDATION: This plat meets all the requirements of the subdivision ordinance,therefore staff recommends approval. CITY CONTACT: Alaina Chafin,AICP,City Planner chafina@nactx.us 936-559-2572 ATTACHMENTS: Aerial Map Plat Exhibit m �• y CD m Y m m• `# F m v m • � J.m J 1.I} m, J a l � ( m v m a � m•�J • N m m 3t• --r u�i "Y N m m U N N F Y F in m m a m ? F m U M J m m J p J M� F m C y 14r. Y J F J J rn m m J � Y m W� � F r _ N J Y F M m m co m F m -� ED co a N m M Y m V V J m Y m Fm rY Y Y• J Y F m m r J m m m m N m ~ J m J J O y J'• � . 1••) Q ! 06 m m •� ,. N J � �.— m � ay r N •� F J m V J • � � � .�. � J a V 1V Q m m y tm m N Q m a m fmE 'r Y UF m -m J m F Y (� J Q V J m r �•� m ❑ • ob J F O J m p N fWf F J 7 J y m �I , m•, a m a 7 m J Q N m v rn p m m ~ m F Y 2 LU J J m J m a J U F N � � • � J.Q� F F � V J � O y LL• ~ ❑ _ J y m y J rn J a Y Y m F J m p � Y � co J m_ J F Y m m Y J Y W m Y V F M F m J W Y m m li) J IfJ F N }m J Y Y Y Y F Y m ~ F Y EDm J J m J <`"� _ J m r co a � v m m J m i ❑ Y m J m F J N F Y J J v Y v a �m 07[0 FN Y Fm ~ F J J m m Jm J F _ Ym J m Y Q o Y J m J mco Y Y n E J Y F N cO° J y Y m N J m m Y Y mIQ y SIU J Y Q U M N "- NM J mw co '^t► (� (p N `" J J R m N O N ❑ JJ O J <p. ' p CO co H N m J Y J ,(iy • ' Y m (COV]Y'� � m m � �N • 19 � m 03 J ~ y N m J J m J m N J m ~ J m z c a cw a '^pSp jj $o a x� � � E II g¢ II CmE sW ♦'w w ���3 ^ �` °�' ^s 'fig � �no U� €:$e`a i aU o <a� • 'a, j 1. E �8 �1,=1 €°z .�_ � Q,kd g - g . LAA E3 ° E?0 ii �a y BDA rMN ti Rrr : f ffs' rA Ali W e eyj m E, 8 a w CO b >e ♦ �m �s `II �� i yYO n"x oe�x mry o a� � ops R _ $' tilt 49 11W k o yayam �� R� � E �"Al as m ysyy¢ yrymti\s 3aa333 Planning and Zoning Commission Nacoordoches'� Date: April 12, 2021 the oldest town in Texas Agenda Item: 6.a PRESENTER: Alaina Chafin,AICP, City Planner ITEM/SUBJECT: Public Hearing: Consider an ordinance amending the boundaries of a zoning district within the City of Nacogdoches from R-1, Single Family to B-2, General Business, for approximately 10.9 acres,being Lot 1-A, City Block 64,located at 2827 Railroad Street. This request has been submitted by Warren Sparks. Case File ZON2021-01. *Please note that at the regular meeting of the Planning&Zoning Commission held on March 8th,2021,the Commission,upon request of the applicant,voted unanimously to postpone the public hearing to the regular meeting of the Planning & Zoning Commission on April 12th, 2021. Recommendation: Staff recommends denial of a change of zoning for the subject property from R- 1, Single Family to B-2, General Business. SUMMARY/BACKGROUND: The request is for a zone change from R-1, Single Family to B-2, General Business for 10.9 acres of land located at 2827 Railroad Street. The General Business zoning 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." The applicant owns the subject property and the lots located immediately to the north, east and west, including a private lake. The lot to the north of the subject property (2807 Railroad St.) is currently developed as single family and is the applicant's primary residence. The applicant has been using the subject property (2827 Railroad St.) as a Contractor Yard, for the purpose of openly storing equipment and materials for his personal construction business. The applicant owns a roadway/pavement repair and construction business, which includes the transportation and storage of roadway construction materials and equipment on the subject property. The applicant has been operating this business at this location for over 10 years, however a Contractor Yard is only permitted in the B-2, General Business, the 1-1, Light Industrial, and I-2, Heavy Industrial zoning districts. This zone change request is a response to a zoning violation that was issued for conducting commercial activities in a residential zoning district. The applicant is requesting a zone change from R-1, Single Family to B-2, General Business in order to continue operating this business at this location. Adjacent Land Use&Zoning The subject property is zoned R-1, Single Family and is currently being used as a Contractor Yard. The surrounding zoning and land uses are as follows: Direction Comprehensive Plan Zoning Land Use North Rural Development R-3,Two Family Single Family&a Private Lake South Rural Development R-1,Single Family& Single Family&Vacant (across Railroad St.) I I R-3,Two Family Planning and Zoning Commission Nacoadoche Date: April 12, 2021 the oldest town in Texas Agenda Item: 6.a East Rural Development& R-1,Single Family& Vacant Public R-3,Two Family West Rural Development R-2,Single Family Vacant The area consists primarily of low to medium density residential zoning districts, including R-3, Two Family to the north, R-1, Single Family and R-3, Two Family to the east and south, and R-2, Single Family to the west. Surrounding land uses include single family and undeveloped properties, as well as Carpenter Elementary located just to the west of the subject property. The B-2, General Business zoning district is not compatible with the zoning or the developed uses in the area. Future Land Use Per the 2003 Nacogdoches Comprehensive Plan, the Future Land Use Plan designates the property and the surrounding area as Rural Development,which is described as, "Sparsely-populated areas with limited development that are still distinct from more urbanized areas. This typically encompasses relatively large tracts of unsubdivided land used for agriculture, forestry...widely-scattered homesteads...natural open space, or activities not requiring permanent structures or improvements. Also includes areas that are gradually transitioning into urban uses and development." The proposed B-2, General Business zoning district is not consistent with the land uses described in the Rural Development Future Land Use designation. Access&Utilities The subject property has access to water utilities, with a 6-inch water main located along Railroad Street. The property is currently being served by an on-site septic system, however there is an 8- inch sanitary sewer line located on the adjacent tract to the west (Lot 12-A), which could be extended to the subject property for future commercial development. Railroad Street is a Local residential street with a 12-foot pavement width, and open ditches on each side. Local streets are intended to carry lower volumes of traffic and serve as direct access to residential and neighborhood-scale commercial development. The City's current construction standards for high volume Local streets require a minimum pavement width of 32 feet with two travel lanes,and a right-of-way (ROW) width of 50 feet. General Business zoning districts are intended to be located along Collector and Arterial streets, which have greater capacity to accommodate the high volume of traffic typically generated by the commercial uses permitted under this zoning district.The minimum pavement width for a Collector street is 37 feet with two travel lanes, and a ROW width of 60 feet; which is much larger than the 12-foot pavement width for this section of Railroad Street. Flood Damage Prevention Per the FEMA Floodplain Map, there is no floodplain located on the subject property. However, the subject property is adjacent to a private lake located to the north, which is designated by the U.S. Planning and Zoning Commission Nacoordoches'� Date: April 12, 2021 the oldest town in Texas Agenda Item: 6.a Fish & Wildlife (USFW) Service as a freshwater pond which may be subject to State and Federal regulations and permitting for activities in or adjacent to these designated waterways. REVIEW CRITERIA Per Section 118.139 of the Nacogdoches Zoning Ordinance, the following conditions shall be considered when reviewing an application for zoning change: 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 current land use of a Contractor Yard consists of the open storage of equipment and materials for a roadway/pavement repair and construction business, which includes the transportation and storage of roadway construction materials (gravel, earth, asphalt, etc.), heavy construction equipment and trucks (dump truck, dozer, front-end loader, etc.) on the subject property.The noise and commercial traffic generated by the heavy trucks and commercial equipment that access the subject property may not be compatible with the adjacent, low-density residential uses developed in the area. If the zone change request is approved, other commercial activities that could be permitted under the B-2, General Business zoning district include, but are not limited to: Multifamily; Indoor Commercial Amusement; Billiard/Pool Hall; Night Club; Theater; Office; Animal Hospital; Medical Clinic; Beauty Parlor; Trade Shows or Exhibits; Household Appliance and Equipment Repair; Laundry/Dry Cleaning; Tattoo Salon/Piercing Studio; Food and Beverage Services (Restaurants and Bars); Retail; Auto Dealer/Repair; Truck Stop, Including Gas Sales; Wholesale Trade; Warehouse/Storage; Cabinet&Woodworking Manufacturing; and, Medical Lab. Based on the nature of the current use, and the potential for additional commercial uses permitted under the proposed B-2, General Business zoning district, Staff finds that the zone change request is not compatible with the current zoning and land uses surrounding the property. If the zone change request is approved it may adversely affect adjacent properties, and may interfere with current quality of life of the nearby residential developments. 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 of a Contractor Yard may not impede or directly obstruct the development of surrounding vacant property. However, the commercial activities that would be permitted under the B-2, General Business zoning district may delay or deter the development of surrounding residential zoning districts due to its proximity and potential nuisances. Supporting Facilities. Adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided: The site has direct access to water but not sanitary sewer service, and is currently utilizing an on- site sewer disposal system. The existing street is only one lane wide in some areas, thinly paved, and in moderate to poor condition. The roadway is not adequate to accommodate the nature and volume of traffic typically generated by the commercial uses permitted under the B-2, General Business zoning district. Planning and Zoning Commission Nacoordoches'� Date: April 12, 2021 the oldest town in Texas Agenda Item: 6.a 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; This section of Railroad Street is asphalt and has a pavement width of 12 feet with open ditches on each side. The private driveway that serves the property consists of a mix of gravel and compacted dirt, and serves as the sole access for both the existing commercial business, and the private residence located on the lot to the north. The heavy equipment and vehicle storage surface area is also compacted dirt. The public street and private drive are not adequate to support the heavy construction equipment and dump trucks that access this property. 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, the noise and commercial traffic generated by the heavy trucks and commercial equipment that access the subject property may create a nuisance for residential uses in the area. Planning Staff has received complaints from a nearby resident with concerns about the noise from heavy trucks during the early morning hours. If the zone change request is approved,the applicant will be required to screen any outside storage areas with a fence or wall to create an effective visual screen of the storage from the adjacent properties and view from the street. The applicant would also have to comply with Zoning Ordinance Section 118-429. - Commercial sites with residential adjacency, which requires a solid screening wall and landscape buffer to be installed along the property lines where nonresidential sites are immediately adjacent to residentially zoned properties. The property has several mature trees onsite which create a partial,visual barrier of the commercial activity from the public street. Lighting. Any lighting to be provided will be directional so as not to disturb or adversely affect neighboring properties: Based on Staffs site inspection, there is currently no commercial outdoor lighting installed on the property,with the exception of a wall-mounted fixture located on the exterior of a storage building. If the zone change request is approved, any new outdoor lighting would be subject to the City's current standards for nonresidential development, which requires light fixtures to utilize a downlighting design,and prohibits fixtures that directly project light in all directions. Landscaping. Sufficient landscaping and screening to ensure harmony and compatibility with adjacent property exists or will be provided: If the zone change request is approved, any new construction or parking additions that meet those thresholds as outlined in the Zoning Ordinance would be subject to current commercial district landscaping requirements. The property has several mature trees onsite which may be credited towards landscape requirements. Comprehensive Plan. The proposed use is in accordance with the comprehensive plan. Per the 2003 Nacogdoches Comprehensive Plan, the Future Land Use Plan designates the property and the surrounding area as Rural Development. Planning and Zoning Commission Nacoordoches'� Date: April 12, 2021 the oldest town in Texas Agenda Item: 6.a Additionally, this zone change request does not fit into the goals outlined in the Comprehensive Plan; specifically, the goal to Avoiding Undesirable Development Outcomes. This goal encourages, "High-quality development that respects community character and the natural environment and does not overburden public services and infrastructure." Some of the targeted objectives of this goal include ensuring„ ..... compatible development when differing land use types or intensities are located in close proximity." The proposed B-2, General Business zoning district will create an undesirable outcome by overburdening the public street infrastructure in this area. Therefore, Staff finds that the request is not in line with the Future Land Use Map, and is not consistent with the land use policies as outlined in the Comprehensive Plan. Notices Staff sent out 6 notices to property owners within the 200 foot notification area. Since the time of this report, Staff has received one contact regarding the request. The contact included general questions regarding the request and the various land uses that would be permitted under the B-2, General Business zoning district. *Please note that this zoning application was not subject to the additional noticing practices that were approved by City Council during their regular meeting on January 19, 2021. The additional noticing practices will be applied to all zoning applications received on or after March 1,2021. Staff Recommendation Based on the above findings, Staff recommends denial of a change of zoning for the subject property from R-1, Single Family to B-2, General Business. This item is scheduled to be heard by City Council on Tuesday, March 16th. 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,AICP,City Planner chafina@nactx.us 936-559-2572 ATTACHMENTS: Location Map Aerial Map Zoning Map Future Land Use Map Notification Map Site Photos C) m� ooh mcc 00 ^� (D (0ko oda! 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La A ��5'r, '�r.•9 i rI `,r y.�l 4 .,t G• � 1 r k i'° tip• a• .x.,_ � - Zf Y �- •ter•�-• y �.' �,,," ,y I { r r 1y F + 6 Amok kA e4 'S• • I 5 r�4 TL �`r .raj i;yam.�, .,/.L4 ._, }•�•4 AOL 116 } { s d .I i f • fri 'r I Planning and Zoning Commission Nacoadochek*�� Date: April 12, 2021 the oldest town in Texas Agenda Item: 6 (b) PRESENTER: Alaina Chafin,AICP, City Planner ITEM/SUBJECT: Public Hearin:=: Consider a Specific Use Permit for an Accessory Apartment, for Lot 7-A, being part of Lot 7-B, City Block 67 as described in a deed from Thomas Stanley, et ux,to Glen Anderson, et ux, dated April 21, 2003,recorded in Volume 1981, Page 196 of the DRNCT.This property is located at 225 East Parker Road. This request has been submitted by Brent&Heather Beal. Case File SUP2021-02. Recommendation: Staff recommends approval of the Specific Use Permit for an Accessory Apartment. SUMMARY/BACKGROUND: Background The request is for a Specific Use Permit (SUP) for an Accessory Apartment at 225 E. Parker Road. The property is zoned R-1, Single Family, and is developed as a single family residence with a detached garage/shop. Per the Zoning Ordinance, an Accessory Apartment is allowed in the R-1, Single Family 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. The purpose of the SUP is to convert a portion of the existing garage/shop into a small dwelling unit; no expansion of the building area is proposed.The garage/shop is approximately 27 feet by 42 feet long, and approximately 1,000 square feet in size. The applicant is proposing to renovate the northern portion of the structure, and convert it into a two-bedroom 690 square foot apartment; the remainder of the structure will be maintained as a garage and there will be no separate utility meters or connections for the new dwelling unit.The applicants, Mr. and Mrs. Beal,have stated that they plan to use the accessory apartment for their adult children when they are home from college. The main house has two bedrooms and Mr. and Mrs. Beal have three children; two of which are in college and come home regularly to visit and when classes are not in session. Adjacent Land Use&Zoning The subject property is zoned R-1, Single family and is currently developed as a single family residence with a detached garage/shop. The surrounding zoning and land uses are as follows: Direction Comprehensive Plan Zoning Land Use North Commercial R-1 Single Family Single Family East Single Family R-1 Single Family Single Family South Single Family R-1 Single Family Single Family (across E.Parker Rd.) Planning and Zoning Commission Nacoadochek*�� Date: April 12, 2021 the oldest town in Texas Agenda Item: 6 (b) West Commercial R-1 Single Family Single Family The surrounding area is both developed as single family residences and zoned R-1, Single Family. The proposed SUP will not change the uses permitted under the current R-1 zoning district. Future Land Use The 2003 Future Land Use Plan designates this area as Commercial and Single Family Residential. The Comprehensive Plan describes the Commercial future land use designation 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 Comprehensive Plan describes the Single Family Residential future land use designation as,"Conventional one-family detached dwellings (also includes duplexes)." The Future Land Use designation in this area is not consistent with the current zoning of the property, R-1, Single Family. Generally,this zoning district is located ....Approval of the SUP will not change the land uses permitted by the current underlying zoning district. Access&Utilities The subject property has access to water utilities,with a 6-inch water and sewer main located along E. Parker Road.The property takes direct access from E. Parker Road. 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 Zoning Ordinance, a Specific Use Permit may be approved if all of the following conditions have been found: 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 proposed accessory apartment is to be located on a 0.5 acre lot. The zoning ordinance requires at least 0.19 acres for each dwelling unit in an R-1, Single Family neighborhood. The addition of an accessory dwelling unit to this tract will not significantly affect the density of the neighborhood, and thus is compatible with the surrounding single family properties. Orderly .arowth and development. The establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; There is no surrounding vacant property. Supporting Facilities, Adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided: Planning and Zoning Commission Nacoadochek*�� Date: April 12, 2021 the oldest town in Texas Agenda Item: 6 (b) Utilities and road access already exist. The proposed SUP does not add any additional impervious area to the property,therefore drainage will not be affected. 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 is marinating the southern portion of the garage which can accommodate two, covered off-street parking spaces. The driveway is 20 feet wide at its narrowest and 120 feet long, which can accommodate parking for the accessory apartment as well as guest parking. Nuisances. Adequate nuisance-prevention measures have been or will be taken to prevent or control offensive odor,fumes,dust,noise and vibration: The applicant is not proposing to expand or increase the height of the detached garage. The entrance into the dwelling area will be from a small covered doorway on the east side of the building, interior to the lot. There will be a 3-foot by 4-foot window added to the north side of the building to allow light and air in the loft bedroom space, but no additional openings or lighting is proposed on the upper level of the building. Lighting. Any lighting to be provided will be directional so as not to disturb or adversely affect neighboring properties: 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 property has several large mater trees in the front and back yard. Properties zoned single family residential are not required to comply with the landscaping ordinance. Comprehensive Plan. The proposed use is in accordance with the comprehensive plan. The comprehensive plan calls for commercial and single family residential uses for this area, and the property and the rest of the street are already zoned and developed as single family residential. 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 two (2) responses received. One response was in favor of the request, and one response noted that they were concerned with privacy issues from the new window being proposed on the upper level of the garage/shop. *This zoning application was subject to the additional noticing practices that were approved by City Council during their regular meeting on January 19, 2021. These included a zoning notice sign located on the subject property (a photo is included in this packet), and additional notices published on the City's Planning& Zoning webpage and official Facebook page. There is no active neighborhood association in this area. Planning and Zoning Commission Nacoadoche Date: April 12, 2021 the oldest town in Texas Agenda Item: 6 (b) Staff Recommendation Based on the above findings, Staff recommends approval of the amendment to the Specific Use Permit. This item is scheduled to be heard by City Council on Tuesday, February 16th. 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,AICPP, City Planner chafina@nactx.us 936-559-2572 ATTACHMENTS: Location Map Aerial Map Zoning Map Future Land Use Map Notification Map SUP Exhibit Site Photos t- tr0 C^O N m n M �,yyj ag Jym m n J Y Z a Y N Y J m F O J m Q m �M r y r m m � Y n m Y �n J m J Y F O c mo H m N 1/> r N F Y O m co W(O r J 7C^O w N Y N � (r0 y J Jm O Y N m Y J m J Z N m m J m m - �r F W coY N ODF O J (O M Q J CO N V J LO n Y CO N Jm Nu^p I� m cn JY S Q� J CO M (flLO J uJ N M m O a y M co p7 M JY F> J J N Y Q In Jcj m In m J U J m N m N N 2 SCO N m Y NNY N y I m n �1:1 M m co J m m M F J m J J J RAGUET ST n ^ m �` m In J I ^ p n U Y Y m M m Q m Mco N L' NYNy ❑ m O Q N N N (n0 m F m J m C fl r M F O L J J 7 J Q M m Y n m O^ U^ M F J J Y n n c^n co Y r- F Ny Ny J Fy Y co F co ILTT O N N M co m (n0 co J Jm Fm O� O(^D lA O Jm m J F Y m J _n n Jn O J co J J J M— M m � J m J F J Y J W n CO J m J J m c� m Q NY MOI FY m (9 Fm F Jm ^ n W O N y n J Q r J M r �Y �m Jm Y ^ U^ my m7 �Y m Q^ m co m y N N Y m F m N �� `� N Nca F - M m Ny co �m �r FY J Qn J F N O J m F J r r m(p O Fy FY Y J Mm Jco J m J m m ^ F y Y J mn ^ y 07 co m Nr mco ^� m c^o eco a F N y co O Y U Y Y J J m m �j m n m J m r F T N m m4r Q J r N m °J cro L r O N � Y n �cno N muO co Q O Qr F F-O7^ m LO m M U^ Fm FcO M �Y Fm OM w O ry Jm N mcO LO M m J J Y m J M J m m m w N PECAN ST z� ~ ~ N oN � ar ^ w JcoJy ^� ac^o Y Y Y N Lo `1 m() m ^ n N m t y m I: m m CO m M m co Y Y r Y Ym ^ w J m J O co F N F m m O m O M J J J J N m F F J N m y ^p mn con Qn n J J J O J n J Q:Fr an m m J m N J m J ~ m m F ~ J Y J Y J Y J m J J Fm m m ^cno r acro O Y F Y J U^ cno r n Fy co Fy O m J m F � Y Jm Fm Jm N in U) N O J m J m O O N m D V O J O F OY J y M cno my uO cn0 �m Jm Y J O n �m Fm m FY O JY co< mn F co U ^ �p J M J m N m n n m r co Y J co O Q �m ❑nm F m LO nY n n y m m Mn J M CO a Y y m Q F Q n J ❑ NF m F Y F m Q J M OJ Y J N J l� O m ��II. 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Planning and Zoning Commission Nacoadoches'�4Date: April 12, 2021 the oldest town in Texas Agenda Item: 6 (c) PRESENTER:Alaina Chafin, City Planner REQUEST: Consider the request for a variance of Section 78-101 of the Code of Ordinances to allow for a variance of sign area for a freestanding pole sign and Section 78-77(5) of the Code of Ordinances to allow for a variance in sign area for a directional sign for property located at 1122 North University Drive. This request has been submitted by David Sowell, with University Reality LTD. Case File SV02021-01. TYPE OF REQUEST: The applicant is requesting to add a new sign panel to the bottom of their existing freestanding, multi-tenant pole sign located at the northern entrance of University Mall, located at 1122 N. University Drive. This addition will increase the sign area from 165 to 192 square feet. The applicant is also requesting to increase the sign area of the directional sign located at the northern driveway entrance,from 3.7 to 7 square feet. BACKGROUND INFORMATION Sign Ordinance Section 78-101 - Area, placement,and height limits the maximum area permitted for freestanding signs based on the total length of street frontage of the development. The property in question has 328 feet of street frontage along University Drive. This amount of street frontage allows a maximum sign area of 175 square feet for any freestanding sign. The proposed sign addition will be 192 square feet in area, exceeding the maximum by 17 square feet. Sign Ordinance Section 78-77(5) - Signs not requiring permits states that a permit is not required for, "On-premises signs not visible from a public street or under four square feet in area setting forth the location of or directions to parking or buildings located on the premises, or regulating the flow of on-premises traffic".The Sign Ordinance further defines a Directional/information sign an on- premises sign giving directions, instructions, or facility information and which may not contain the name or logo of an establishment and which may contain no advertising copy,e.g., parking or exit and entrance signs. The existing directional sign located at the northern driveway entrance of the development is 3.75 square feet in area and the copy reads,"Mall Entrance",with an arrow pointing towards the parking lot. The applicant is requesting to replace this sign with a sign that is 5 square foot in area, exceeding the maximum area by 1 square feet. The applicant is also requesting to change the sign copy to "University Plaza",which is expressly prohibited under the definition of a directional sign. Variance Specifics: Variance Specifics for Freestanding Pole Sign Standard Requested Permitted/Required Variance Area 192 ft2 175 ft2 17 ft2 Variance Specifics for Directional Sign Standard Requested Permitted/Required Variance Area 5 ft2 4 ft2 1 ft2 Planning and Zoning Commission Nacoadoches'�4Date: April 12, 2021 the oldest town in Texas Agenda Item: 6 (c) Physical Characteristics 1. Frontage: The subject property has approximately 328 feet of street. 2. Access: The subject property takes access from University Drive. 3. Topography and vegetation: The site is approximately 980 feet deep,with the property sloping up from University Drive to the main building approximately 34 feet. There are mature trees planted along the street frontage per the City's commercial district landscaping standards. 4. Floodplain: The subject property is not located within the FEMA regulated floodplain. REVIEW CRTIERIA (Staff Comments Underlined) The Sign Ordinance states that variances should be granted where the Ordinance would create an "undue hardship for the sign user,"and several criteria are met. These criteria include: 1) A literal application of this chapter would not allow the property to be used. If the sign variance were denied,the property could still be used,as the sign currently functions for the location. 2) The granting of the requested variance would not be materially detrimental to the property owners in the vicinity. The granting of the requested variance would not be directly materially detrimental to the property owners in the vicinity- 3) icinity3) Any hardship is not in any way the result of the applicant's own action or the result of a self- created or personal hardship or for financial reason alone. Simply dividing a building into multiple occupancies shall not be sufficient grounds for granting a variance. Hardship caused to the sign user under a literal interpretation of this chapter is due to conditions unique to that property and does not apply generally to the city. There are no unique conditions on this property. 4) The granting of the variance would not be contrary to the general objectives of this chapter. The general objectives of the sign ordinance are to: a. Balance the rights of individuals to convey their messages through signs and the right of the public to be protected from potential harm: b. Promote the health,safety,welfare,convenience and enjoyment of the public: c. Protect the public from damage or injury caused or attributable to distractions and destructions caused by improperly designed or located signs: d. Protect and promote property values: e. Promote community environmental setting and appearance,especially where scenic beautyp important: and f. To support the objectives of the individual zoning districts. Staff Recommendation Based on the above findings, Staff recommends denial of the sign variances. Planning and Zoning Commission Nacoadoche, Date: April 12, 2021 the oldest town in Texas .� Agenda Item: 6 (c) CITY CONTACT: Alaina Chafin,AICP,City Planner chafina@nactx.us 936-559-2572 ATTACHMENTS: 1. Sign Plans 2. Aerial Map 3. Zoning Map 4. Site Photos N H 1` > � r r mc4 � � ` AA T �r - V` 'J ♦ � O Z ca to = vA v x wt un zr w � n +r - W r } y m r lz I � r Co N Nti > � .m = N i s > 6o I- o = z � � o Nv so -- _•r 1 of•,, P � ;:� a�o� �;�± a 9"'�.� L ��K r� Yj _43 ui s. r • � r cc ...... Iz LLJ V, 21 v� • • ( ,` _ J . 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