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P&Z Agenda Packet 05-10-2021N aco"� the oldest town in Texas Notice is hereby given of a Regular Meeting of the Planning and Zoning Commission to be held on May 10, 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. Pillar 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 pollettej@nactx.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, May 10, 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. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES (UNLESS PRIOR APPROVAL IS OBTAINED) 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 City of Nacogdoches Planning Department 202 E. Pilar — PO Box 635030 — Nacogdoches, TX 75963 936-559-2574 ❑ Fax 936-559-2912 ❑ www.nactx.us Home of Stephen F. Austin State University 11 www.sfasu.edu Naco ad0 ch es the oldest town in Texas 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 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 April 12, 2021 Planning & Zoning Commission meeting. 5. REGULAR AGENDA: a. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. b. Public Hearing: Consider a request for approval of historic overlay for Lots 29 and 5-B, City Block 35, located at 500 Forbes Street. This request has been submitted by David W. Peterson, Jr. Case File HO#2021-002. c. Public Hearing: Consider a Zone Change from B-2 General Business to R-1 Single Family for Lot 2, Block 2 of the Linden Grange Addition located at 120 Karle Street. This request has been submitted by Linda Holmes Sisk. Case File ZON2021-03. d. Public Hearing: Consider a Zone Change from R-1 Single Family to B-2 General Business for Lot OL 49, City Block 43, as described in a deed dated July 17, 2020, recorded in Document Number 2020-4460 of the Real Property Records of Nacogdoches County, located on the south side of West Main Street, approximately 200 feet west of Bremond Street. This request has been submitted by Brent Ivy of Ivy Gott Property LLC. Case File ZON2021-04. e. Preliminary Plan: Presentation, discussion, and possible action regarding waiver requests to the Subdivision Ordinance Section 90-186. — "Culs-de-sac', and Section 90-216. — "Blocks', and a presentation, discussion, and possible action regarding a Preliminary Plan for the Spring Creek Estates Subdivision on approximately 180.8 acres, generally located east of FM 2609, approximately 4,100 feet north of CR 215. f. Final Plat: Consider approval of the Final Plat for the Spring Creek Estates, Phase 5 Subdivision, located at the north and southeast corner of FM 2609 and Spring Creek Drive. City of Nacogdoches Planning Department 202 E. Pilar — PO Box 635030 — Nacogdoches, TX 75963 936-559-2574 ❑ Fax 936-559-2912 ❑ www.nactx.us Home of Stephen F. Austin State University 11 www.sfasu.edu Naco ad0 ch es the oldest town in Texas g. Sign Variance: Consider a variance to the sign ordinance for a wall sign that exceeds the allowed sign area requirements for property located at 4608 North Street. This request has been submitted by Stacy Bryan, with Humble Sign Company. Case File SV02021-02. 6. 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. 7. Adjourn: 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, May 5, 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 ❑ Fax 936-559-2912 ❑ www.nactx.us Home of Stephen F. Austin State University 11 www.sfasu.edu MINUTES TO THE PLANNING AND ZONING COMMISSION April 12, 2021— 5:00 p.m. Hybrid Meeting Members Present: R.J. Bohac, Stephanie Malott, Nancy Day, Ken Deppisch and Don Mills Members Absent: Staff Present: City Planner, Alaina Chafin; Planning Technician, Juan Pollette; and IT Technician, Justin Bailey Others Present: David Sowell (Applicant), Brent & Heather Beal (Applicant), Dick & Vicki Rudisill, and Samantha Moreira 1. Call to Order: Chairman Bohac called the meeting to order at 5.01 pm. 2. Pledge of Allegiance. 3. Open Forum: No one spoke during Open Forum. 4. 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: March 8, 2021 Regular Session Commissioner Day made a motion to approve the minutes, and Commissioner Malott seconded the motion and the minutes were approved unanimously. 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. Commissioner Day made a motion to approve the Final Plat, and Commissioner Malott seconded the motion and the Final Plat was approved unanimously. 5. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. No items removed. 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 the March 8t" meeting to try and evaluate alternative solutions for the zone change. The March 8t" meeting was postponed due to the winter storm so the item was postponed to the April 12t" meeting. City Planner Chafin presented the item and recommended denial of the zone change. Chairman Bohac opened the hearing to the public. David Connolly stated that he was not the only one to complain about Mr. Sparks' commercial activity. Chairman Bohac closed the public hearing and asked for a motion. P&Z Minutes Page 1 Commissioner Day made a motion to deny the zone change Commissioner Deppisch seconded the motion and it passed four to one (4-1) with Commissioner Mills voting in opposition of the motion. 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. City Planner Chafin presented the item and recommended approval of the Specific Use Permit for an Accessory Apartment. City Planner Chafin stated that Staff did send out 13 written notices to property owners within the 200 foot notification area and received six responses. Five in support and one in opposition. Chairman Day asked if there were a large number of Accessory Apartments in Nacogdoches. City Planner Chafin stated no. Chairman Bohac asked if the benefit to an SUP for an Accessory Apartment was to give specific guidelines to the construction and use of the apartment. City Planner Chaffin stated that is correct. Commissioner Malott asked if in the future the property changes ownership, who will monitor the use of the Accessory Apartment. City Planner Chafin stated that if there was a complaint then Staff would open a case file and start an investigation of the alleged zone violation. Commissioner Malott asked what are the repercussions. City Planner Chafin stated that the city could issue fines and City Council could revoke the Specific Use Permit for the Accessory Apartment. Chairman Bohac asked if the Beal's wanted to speak on the item. Brent Beal stated that they were open for questions. Chairman Bohac opened the public hearing and asked if anyone present would like to speak on this item. Samantha Moreira stated that she lives behind the Beal's at 232 Bostwick Street and stated that her main concern was the proximity of the Accessory Apartment to the owner's property line. Samantha Moreira stated that there is a 3x4 foot window on the second level of the structure that has direct overview into her property with no obstruction and stated the clear sightline of the window violates a reasonable expectation of privacy. Dick Rudisill stated that he lives at 314 Bostwick next to the Moreira's and stated that with the proximity of the building to the property line and the window on the second floor, they look right down onto our properties and into our backyard. Dick Rudisill stated that his main concern is privacy and the future of the Accessory Apartment is the Beal's were to sell the property. Heather Olson Beal stated she owns the property at 225 East Parker and it is not her intent to rent the Accessory Apartment and stated it will be used for our personal living space. Heather stated that when she stands in her back yard she sees several windows from the Moreira's house and feels that if she is prohibited from putting in a window in her Accessory Apartment then no one in town could have a window in a second story house. P&Z Minutes Page 2 Commissioner Malott asked if the Beal's currently occupy the house. Heather Olson Beal stated not at the moment due to renovations. Commissioner Deppisch asked if the Beal's would be opposed to natural screening in between the properties. Heather Olson Beal stated she is unsure. Samantha Moreira asked if Staff included the photos she sent of the Accessory Apartment. City Planner Chafin stated yes. Commissioner Deppisch stated that he noticed that construction began before the permit was issued and asked what the circumstances of that were. City Planner Chafin stated that the only construction that has been done was to the exterior siding which does not require a permit and stated no work was being done on the interior. Commissioner Malott asked if the structure was within the proper building setbacks. City Planner Chafin stated that is was. Chairman Bohac asked Bent Beal if he would consider removing the window from the plans. Brent Beal stated that is not an option. Commissioner Day asked what the distance is between the Accessory Apartment and the Moreira's pool. City Planner Chafin stated approximately 600 feet away. Vicki Rudisill stated that her problem with the structure is that there is a light that shines into her bedroom and does not let her sleep well, causing a nuisance for her. Chairman Bohac closed the public hearing and called for a motion. Commissioner Deppisch made a motion to recommend approval of the Specific Use Permit with reasonable conditions for light intrusion on the neighboring properties to the north. Chairman Day seconded the motion and the motion was approved four to one (4-1) with Commissioner Mills voting in opposition of the motion. 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. City Planner Chafin presented the item and recommended denial based on Staff's evaluation of the request not meeting the variance criteria. Chairman Bohac asked if there were any sightline issues with the proposed sign. City Planner Chafin stated there were none. David Sowell stated that the goal of the sign renovation is to modernize it and help the community by bringing new business and jobs to the area. Commissioner Malott asked how many more business spaces are being created verses existing sign space. P&Z Minutes Page 3 David Sowell said two. Commissioner Deppisch asked if the sign was going to look the same as it does now. David Sowell said that the steel poles will get painted and possibly landscaping will be added at the base. Chairman Bohac calls for a motion. Commissioner Deppisch makes a motion to approve the application for a sign variance with stipulations stating that the main freestanding sign needs to have additional landscaping around the base of the sign and the directional signs need to be modified to state a directional word or arrow and the logo would have to be omitted from the sign. Commissioner Malott seconded the motion and the item was approved unanimously (5-0) 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. Chairman Bohac asked if there were any further questions from the Commission. There were none. 5. Adiourned: Meeting was adjourned at 5.24. Chairman, R.J. Bohac Attest: Juan Pollette, Planning Technician P&Z Minutes Page 4 1 NacoRdoches" the (Vehp.�t town in hwa�� Planning &Zoning Commission PRESENTER: Hanna Andersen, Community Services Asst. Director Date: May 10, 2021 Agenda Item: 5.b. ITEM/SUBJECT: Discuss and consider a request for approval of historic overlay for Lots 29 and 5-13, City Block 35, located at 500 Forbes Street. This request has been submitted by David W. Peterson, Jr.. Case File HO #2021-002 SUMMARY/BACKGROUND: David W. Peterson Jr. has requested the property located at 500 Forbes Street be included in the Historic Overlay. The residence was constructed in 1899, builder unknown. From the applicant: "The Burrows House embodies the "folk Victorian" architectural style and effectively provides a historic anchor for the neighborhood at the crest of Virginia Avenue. Despite the communal optimism of intermittent historic homeowners in this neighborhood, many structures have succumbed to "rental decline," including several folk Victorians... The 500 Forbes house was part of the George Weaver estate and was built for his daughter. It remains one of few Victorian examples in town displaying original bric-a-brac, of an intricate design notable to Diedrich Rulfs, as expressed by several authorities and evident in other Rulfs structures." City ordinance requires at least one of the six criteria below be met in order to achieve designation in a historic overlay district. Staff has visited with the applicant and found that the residence at 500 Forbes meets number 4 of the criteria for designation. Section 50-130. Criteria for designation (1) Possesses significance in history, architecture, archaeology, or culture. (2) Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history. (3) Is associated with the lives of persons significant in the city's past. (4) Embodies the distinctive characteristics of a type or period of architecture, or method of construction. (5) Represents the work of a master designer, builder, or craftsman. (6) Represents an established and familiar visual feature of the city. On May 3rd, Historic Landmark Preservation Committee voted to recommend approval of Historic Overlay Case #2021-002. Following the Planning and Zoning Meeting, the case will be heard by Nacogdoches City Council on May 18th. Staff will bring forward the recommendation for approval or disapproval by HLPC and P&Z to City Council at that meeting. FINANCIAL: No financial impact associated with this item COUNCIL PRIORITIES: THIS AGENDA ITEM IS CONSISTENT WITH THE FOLLOWING CITY COUNCIL PRIORITIES Neighborhood Revitalization and Attainable Housing CITY CONTACT: Hanna Andersen Assistant Community Services Director andersenh(a,nactx.us 936-559-2960 ATTACHMENTS: Application Location Map Aerial Map Zoning Map :re azl000mw .01 Street Address �0� re r jj C.5 J�• Name (as listed on the deed) ��a V � G� tAJ ° r�G � C� �`,S on j f City Daytime Phone Number ( ) Description of Request: _State Zip Signatur Current Zoning: A R-1 R-2 R-3 R-4 M B-1 B-2 B-3 I-1 I-2 ❑ ❑ ❑ ❑ ❑ ❑ ❑ F-] ❑ ❑ ❑ Requested Zoning: A R-1 R-2 R-3 R-4 M B-1 B-2 B-3 I-1 I-2 N/A(SUP or Ho) ❑ 1:1 ❑ ❑ 1:1 1:1 1:1 ❑ El El ❑ El Type of Request: Specific Use Permit Zone Change Histar"rc Overlay $300.00 $300.00 Na Fee Note: This request 'UW'ILL NOT be accepted by the City UNLESS it is accompanied by the appropriate filing fee in the form of a check made payable to The City of Nacogdoches or by cash and the most current copy of the property deed, showing the owner listed on this application as the owner of the property. Date fee paid: Case Number City of Nacogdoches - Community Services Division P.a Box 635030f 1112 North Street, Nacogdoches,TX 75963 Phone 936-559-2960 You will need to determine which category you wish to apply under and explain that under the DESCRIPTION OF REQUEST on the application. You will also need to provide the date of construction for your property. You may use additional pages if you need more room. Code of Ordinances. Citv of Nacogdoches, Texas Sec 50-130. Criteria for designation. Upon meeting any one of the following criteria, a historical landmark or district may be designated if it: (1) Possesses significance in history, architecture, archaeology, or culture. (2) Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history. (3) Is associated with the lives of persons significant in the city's past. (4) Embodies the distinctive characteristics of a type or period of architecture, or method of construction. (5) Represents the work of a master designer, builder, or craftsman. (6) Represents an established and familiar visual feature of the city. (Ord. No. 1130, art. XI, § 6, 11-3-1998) Criteria for Designation 1899 "Burrows House" - 500 Forbes St (4) Embodies the distinctive characteristics of a type or period of architecture, or method of construction. The Burrows House embodies the "folk Victorian" architectural style and effectively provides a historic anchor for the neighborhood at the crest of Virginia avenue. Despite the communal optimism of intermittent historic homeowners in this neighborhood, many structures have succumbed to "rental decline," including several folk Victorians. It seems only important to validate the remaining structures in order to establish a buffer of continuum around the Virginia Street Historic District. The 500 Forbes house was part of the George Weaver estate and was built for his daughter. It remains one of few Victorian examples in town displaying original gable bric-a-brac, of an intricate design notable to Diedrich Rulfs, as expressed by several authorities and evident in other Rulf's structures. This house ties in well to the adjacent George Weaver house that appears to be in the overlay (noted with X below). •F St OUTSIDE- un 3 OuCO Un et N un '4 rr on P_ avPr i` OUTSIDE -- bes St OUTSIDE Nettie Marshall a-Academy of e Dual Language OUTSIDE - St x 5 t VIRGINIA y �. JAW: #� i OUTSIDE E+' VIR II III ` B AVE I � I D D W Sunset Ave Sunset Ave L] nE D r+` VIR 1MIS qcz AVE 1 AVE. i_c' a� 9` .I �r 1� City Garage St SD Shippin70 • - t c n yam' •o n � m 0 0.03 0.07 0.13m itidkitg 0 0.05 0.1 0.2km Esri Cormity bps Contributors, City of Nacogdoches, Texas Parks & irdlife, BuildingFootprintUSA, Esri, HERE, Garin, SafeGraph, INCREENT P, EITI/NASA, USGS, EPA, NPS, US Census Bureau, USDA City of Nacogdoches Esri Comity bps Contributors, City of Nacogdoches, Texas Parks & irdlife, Building FootprintUSA, Esri, HERE, Garm, SafeGraph, INCRERNT P, EITI/NASA, USGS, EPA, NPS, US Census Bureau, USDA I 312 Weaver - C. 1900-1910 Photo by Ray Robberson, 8-1-2011 f�- FA `1kk 709 W. Cox - C. 1890-1910 Photo by Jake McAdams, 9-7-2012 416 Bremond - C. 1890 702 W. Cox - C. 1915 Photo by Ray Robberson, 8-1-2011 Photo by Ray Robberson, 8-1-2011 122 S. 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K 3 1 � 35 �y � -'T�- L L G-3 LT 3 LT 55 B K 48 B LT 22 BK 35 LT -C LT 1 _ LT 8 B K 33 gK 2 �:Erl LT19BK35 ' 35 K 5 BK 35 ,r••��"�° LT BK -2 Notice: This product is for informational purposes and may 0 75 150 300 Feet not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of Ell erin Depart lent property boundaries. Date Created: April 9, 2021 Software: ArcGIS 10.8.1 Nacoi doches). the oldest town in Texas PRESENTER: Alaina Chafin, AICP, City Planner Planning and Zoning Commission Date: May 10, 2021 Agenda Item: S.c ITEM/SUBJECT: Public Hearin: Consider a Zone Change from B-2 General Business to R-1 Single Family for Lot 2, Block 2 of the Linden Grange Addition located at 120 Karle Street. This request has been submitted by Linda Holmes Sisk. Case File ZON2021-03. SUMMARY/BACKGROUND: The request is for a zone change from B-2, General Business to R-1, Single Family for approximately 0.3 acres of land located at 120 Karle Street. The R-1 district is intended as an area for low density single-family use, and lots in this district must be 8,2S0 square feet and larger. The applicant owns the subject property, which is part of the Linden Grange Addition, and intends to develop the lot as a single family residence. The Linden Grange Addition is located at the intersection of North Street and Karle Street, and was established as a residential subdivision in 1968. Deed restrictions for the subdivision were then established to limit development of the area to single family residences. In 1970, when the City of Nacogdoches adopted the first zoning ordinance and zoning map, properties with frontage along North Street were subsequently rezoned by the City to B-2, General Commercial. The last remaining undeveloped lots in the subdivision include the subject property and the two lots that front North Street which are owned by the homeowners association (HOA). These two lots have been reserved and maintained by the HOA as a green space and buffer for the neighborhood. Adjacent Land Use & Zoning The subject property is zoned R-1, Single Family and is currently vacant. The surrounding zoning and land uses are as follows: Direction Comprehensive Plan Zoning Land Use North Single Family R-1, Single Family Single Family (across Karle St.) Residential South Commercial R-1, Single Family Single Family East Single Family R-1, Single Family Single Family Residential West Commercial B-2, General Business Vacant The Linden Grange Addition is primarily zoned R-1 and developed as single family residences, with the exception of the two lots that front North Street which are owned and maintained by the neighborhood homeowners association (HOA). Property to the east and south are also zoned and developed as single family, with property to the north developed primarily as single family, with commercial uses developed along North Street. REVIEW CRITERIA: Per Section 118.139 of the Nacogdoches Zoning Ordinance, the following conditions shall be considered when reviewing an application for zoning change: Nacoi doches). the oldest town in Texas Planning and Zoning Commission Date: May 10, 2021 Agenda Item: S.c 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 subdivision is primarily zoned R-1 and developed as single family residences, with the exception of the two lots that front North Street which are owned by the neighborhood homeowners association (HOA), and have been reserved and maintained by the HOA as a green space and buffer for the neighborhood. Property to the east and south are also zoned and developed as single family. The subject property consists of approximately 0.3 acres. The zoning ordinance requires at least 0.19 acres for each dwelling unit in an R-1, Single Family neighborhood. The construction of a single family residence to this lot will not significantly affect the density of the neighborhood, and thus is compatible with the surrounding single family properties. 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 lot located immediately to the west of the subject is vacant, and is owned by the neighborhood HOA. This lot and the vacant lot to the north have been reserved and maintained by the HOA as a green space and buffer for the neighborhood. All other surrounding property is developed. Supporting Facilities, Adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; The subject property takes direct access from Karle Street. The property has access to public utilities, with 6-inch water and sewer mains located along Karle Street. Per the FEMA Floodplain Map, there is no floodplain located on the subject property. 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 affectinggeneral public or adjacent developments; All future driveways and parking areas will meet the City's current land development design standards. Nuisances. Adequate nuisance -prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration: The proposed use of a single family residence is compatible with development in the area and should not create a nuisance. Lighting. Anlighting 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: Properties zoned single family residential are not required to comply with the landscaping ordinance. Nacoi doches). the oldest town in Texas Planning and Zoning Commission Date: May 10, 2021 Agenda Item: S.c 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 subject property and the surrounding area as Commercial, with the remainder of the subdivision designated at Single Family Residential. The Commercial Future Land Use category is described as, "Shopping and service facilities for the sale of goods and services, including small shops and larger retail stores and centers, restaurants, hotels and motels, service stations, and various other customer -oriented establishments." The Single Family Residential Future Land Use category is described as, "Conventional one -family detached dwellings (also includes duplexes)." The Comprehensive Plan outlines that the Future Land Use map, "...is not a rigid, parcel -specific mandate for how land shall be developed...", rather it's a guide to help visualize the desired development pattern in a given area. The proposed R-1, Single Family zoning district is consistent with the land uses described in the Single Family Residential Future Land Use designation; and while the subject property itself is designated as Commercial on the Future land Use Map, the majority of the subdivision is designated and developed as Single Family Residential. Notices Staff mailed nine notices to property owners within the 200 foot notification area; which included the neighborhood HOA. Since the time of this report, Staff has received three contacts regarding the request. Two of these contacts were written letters of support for the zone change request, one of which was from the neighborhood HOA. The other contact was received via telephone from the neighboring resident immediately to the east of the subject property, who is also in favor of the request. This zoning application was also subject to the additional noticing practices approved by City Council in January, 2021. These include a zoning sign located on the subject property, notices posted on the City webpage and social media platforms, and courtesy notices mailed to property owners within S00 feet of the subject property. Staff Recommendation Based on the above findings, Staff recommends approval of a change of zoning for the subject property from B-2, General Business to R-1, Single Family. This item is scheduled to be heard by the City Council on Tuesday, May 18th. 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 Nacoi doches). the oldest town in Texas ATTACHMENTS: (936) 559-2572 Location Map Aerial Map Zoning Map Future Land Use Map Notification Map Site Photos Response Letters Planning and Zoning Commission Date: May 10, 2021 Agenda Item: 5.c ZON 2021-03 133 133 .. 4515 124 4501 1 BK .: : ► LT FUTU DEVELO BK 68 LT LT 15 BK 68 "I - c� T8 , - K 68 NORTH GATE DR 68 LT3BK68 BLT1 BK 68 K 68•�� Notice: This product is for informational purposes and may r 0 50 100 200 Feet not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground ri survey and represents only the approximate relative location of property boundaries. Date Created: May 3, 2021 Software: ArcGIS 10.8.1 LT 5 BK2 LT 8 BK2 LT 31 BK 1 LT 33 BK 1 M BK 1 LT32BK1 LT 11 �K 67 BK 67 LT 9 LT 10 BK 67 BK 67 4 LT 10 E ST B 67 W LT 11 �- LT 0 BK6 r$ E T � LT 9 6 BK 7 67 t i r 4P LT 16-A LT 16-B BK 67 Na cqdoche' Engineering Department UI llm'w. ZON 2021-03 productNotice: This or informational... not have been prepared for or be suitable for legal, engineering, :tr surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. P99 0 50 100 200 Feet Date Created: May 3, 2021 Software: ArcGIS 10.8.1 NacoRdoche Engineering Department LT 2 BK 63ASCIq y � LT 24 B 1 LT 1 RK 2 LT a 7 LT A G 1 L 4502 Q32 so LT 26 BK 1 LT 12 BK 2 LT LT 26 1 4 1 BK 67 � creek 'fiend gNwd LT27 BK 1 - 2 B IC 67 LT 2g BiC 1 LT 29 BK 1 LT IZ7 L L _ _ L L LT LTF LT g7 L Tom. F� �.a �rl a St _ e i Ka 1 L LT T 5 K 67 LT 7 G7 LT & e parri7 I ey Of Lj L [j LT 17 BK 67 LT 17 BK ST BK 6 0 LT 23-C BK OR 2G � At 120 Karle Street 10 'eA4god 14AI low 120 Karle Street dt% I Ir It A A -I 04 16 imp .1 AM Nacogdoches, the oldest town in Texas Response Form Project Number: ZON2021-03 120 Karle Street You may male your views Known by completing this form and returning it to the planning & zoning department. You may also make your views known in person by attending the public hearings. Please complete and return form to: City of Nacogdoches Planning & Zoning Department Attn: Juan Pollette PO Drawer 635030 Nacogdoches, TX 75963 You may also email a copy to Juan Pollette, polletteignactx.us Project Number: ZON2021-03 Please circle one: (o In favor of request 2 ii Comments: Signature. - Printed Name: �)a v, 'ol Street Address: J cD Opposed to request COrt7'rY �/t-e7- 04 11 City, State and Zip Code: fQCflg/iOG��f �� /,��s�� Phone Number: /��-S�6 � "j��('�� Email Address: 0(,S- �1'011 /All ("C4 to Physical Address of Property within 200 Feet: h rc -- A,�c�� City of Nacogdoches 202 E. Pilar — PO Drawer 635030 — Nacogdoches, TX 75963 936-559-2574 Fax 936-559-2910 www.nactx.us Home of Stephen F. Austin State University www.sfasu.edu tg �*t i fP Q 11804 THE JTATE OF TEXAS, • COUNTY OF NACOGDOCUES. (311ZANG8 ADDITION KNOW ALL MEN BY THESE P I Z P, -S F. t I III,; Rock er �1011L_9011'CrYr `1'rL1_1::;tee,, have heret0fore filed for record witim, L-Ile C()uJJLy i.11 LJJ(, COurJL . y Of rIac C te of Texast a P1.21t Of LINDE3,ml OjdOches, all( Sta] GRA1,1GE' ADDITION,, quljdivisjoll of LoL Eicjliteeij (16),, CiLy Bloc), t NacogdOchesr County DjF q,- (67) of tile CiL-y 01: _1 co(.1 f I ()r Mid State of Texas, Wilo I is 110w rec-ordpcI i,, tile ch Plat Co "L 'y (2 c-"-- 1 -q OffIcO for Nacogdoelles CoullL Texas, in Vol. 1, Page yr and the said Dedi- cati011 is now recorded ill t 11001- RE-1cords,. . COLMLy Clerk's office for Nacogdoches Coul-,L_y, r r ecords of Deeds in Vol. 3510 Page 21-22, illclu sj, -ve, a,ld are hy 414-cference " M o-reLO illcOrPorated ma into and de a part of this L)C�icin L jail NOW, THEREFORE, Ir Hie said R%ocjer herenow create and e*stabli._911 L-1,, DIOJIL901iiery, Trustee, do 'rCIS'LriCtive ditiong fOr all covctla"Es arid con_ cOnstructed -ref-33 to be hereafter in said Addition by 1}orsc>jls subsequently Owning Lots in said Addition , as follo�qs, L0_vJ,L: -lye(-' to L'11C I-)UbliC view c)y N L ll (1) 0 except sucl, n lot sig[l as may be llecessary for any speculative 0 adverLise his project for Sale, alld OLh3.delitif i1er 1der to catioll signs or Markers identifying the owiler of res"e"ce C011structed oil arly that are artistically colllp,,L i b.l.e the ai:Cll-tecture of t1l ings in -said Subdivis ion', (2) No lot S11 0"(2013t for-residentjal, siligle farnily occupancy, ( 3 ) NoL more tllaTl One Chi e),Jj,rlg shall be erected on any arseblit multjDlo IoLtr.A L part of An aclJoining lot May be used for on, single fantily dwelling, (4) No dwelling erected in said Adcl- Ition siiall, have aJi-v- ing area of less than Eighteen jjujjd_red (-1800) square feet, the exterior Of which shall be 800A brick, and the roof Of which shall be covered with wood all--nqjeqf wood sl)akes, or s0i'le like roof Covering material, No building 611all be erected closer to the side property lines and the rear property lines than Five (5) feet, and no building shall be closer tO the front curb than Twenty-five (25) feet, (6) Any detached structure initended to be Placed on any lot shall be approved by the Architectural cozy trol Committee Prior to erection. (7) NO livestock or poultry of any kind shall be grazed# bred or kept on any 10to but dogs and cats as hosehold pets prOvided they "are I-10E bred or May be,kept, maintained for any commera'al purpose. NO trash Or rubbage shall be al -lowed to remain on any lot, and any trasll$ garbage or OL-her waste ou I 0 ntainer shall be kept In a sanitary coedit ion . (9) NO Oil dr' illing or development# orother ntining oper. ation, shall be allowed On any lot, (10) siglit if ground of IWO Lines sliall be 111ainLafined at distance from the waYs as reqUi (2) feet to a I)eigIlt of Six (6) -feet above the road-- for traffic safety on,all Streets. (11) No public street may be 0 said Pnecl On Or any of the a6d lots or any ' drives be created for any purpose Other than pri- Vat,8 an serving private residences, (12) These restrictfivecovellalIL-s run with the Land shall (,,*onL- illue and in force UnLil a major-ity of t]le Owners of lots (each 10t shall be entitled to one voL-e) Shall vote I draw the said restrictive to modifyr amend Or. with - covenants, -- 2 - E.-w], (13) •NO Overhead utilitY service 'connections radio Or TV may be erected or rnaintained. The enforcemellt Of these restrictive be vested in the. Architect, Covenants Control Committee, and no build - or other structure shall be erected Ing in said Add itjo,, ,it,10 11 ut Prior aPPrDval Of the ' said COrmn'I Ltee, arld Roger Montgomery and Cliarlotte u Baker. Mori Lgolne ry Shall collstit Le said C01111nittee. IN WITNEss have hereulit,0 set MY hand on this 20th .day of October, 1968 THE STATE OF TEXAS, Roger Di 90mery'r rust e C0U11TY OF NAC0GD0cjjr.,!3. BEFORc, MEP TIIC- UMDERSIGNED AU'1111011ITY-, for Nacogdoches Coullty, fpexosp on t_11is d % QtarY Public in and roger ,MoritgOmery.. Trustee, ay PersOnally appeared known to me to be thedicer and pers'or, .Whose name is subscribed tQ the foregoing 1,dgod tc) me -SEruiijerit, and acknow.. ItIlat he exu ected the same for the U 9 'derato ses and con. 3- fln therein expresup arid ,,I P "I the capac6ty there' 1 0.;*** in, stated, ,GIVEN -UNDER My HAND AND SEAL OF OFFICL, this 2ri 8th day of 1968* LU ■ f�i` � fir.+�;��.'1 0r - NotY Public ire and fo�rr County. Texas ad ordea NOvetuber 20 t 1968 '.R SKtPPER )1968 at 4.*0o p.�I... ?11,9CIerks counbT . Court. A rb •L� �'o {I'� `•- lb ,r o h ilAo". ri :s rh I '� �• i - L ` . o L 4� C • rk } Ll • Oil It t` CL iG I ti ,L : %_ '+ •�` h 11 - • i N's., — rb tipOf �y,a' �. •� • � � � '4ilr j r �y, ' ,.J • acoaoc es'* the oldest town in Texas 111� Reuponse Form Project Number: ZON2021-03 120 Karle Street You may make your views known by completing this form and returning it to the planning & zoning department. You may also make your views known in person by attending the public hearings. Please complete and return form tot. City of Nacogdoches Planning & Zoning Department Attn: Juan Pollette PO Drawer 635030 Nacogdoches, TX 75963 You may also email a copy to Juan Follette, poIlette0-),nactx.us Project Number: ZON2021-03 Please circle one: vfll'n favor of request o Opposed to request Comments: Signature: ri Printed Name: � Street Address: City, State and Zip Code, b,-I( cc -' Phone Number: Email Address: Snp'iSeT] 1��[Xf'�cc7q�Ytt.�,.i��C'Qvl'1 Physical Address of Property within 200 Feet: 120 KQrle � . �1�1,5' QC ��/� City of Nacogdoches 202 E. Pilar — PO Drawer 635030 — Nacogdoches, TX 75963 936-559-2574 Fax 936-559-2910 www.nactx. us Home of Stephen F. Austin State University www.sfasu.edu Nacoi doches) the oldest town in Texas PRESENTER: Alaina Chafin, AICP, City Planner Planning and Zoning Commission Date: May 10, 2021 Agenda Item: 5.d ITEM/SUBJECT: Public Hearin: Consider a Zone Change from R-1 Single Family to B-2 General Business for Lot OL 49, City Block 43, as described in a deed dated July 17, 2020, recorded in Document Number 2020-4460 of the Real Property Records of Nacogdoches County located on the south side of West Main Street, approximately 200 feet west of Bremond Street. This request has been submitted by Brent Ivy of Ivy Gott Property LLC. Case File ZON2021-04. SUMMARY/BACKGROUND: The request is for a zone change from R-1, Single Family to B-2, General Business for approximately 1 acre of land located on the south side of West Main Street, a major corridor leading in and out of Nacogdoches. 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 tracts located immediately to the east and west, for a total of 2.2 acres. The applicant intends to develop the property with commercial uses. Adjacent Land Use & Zoning The subject property is zoned R-1, Single Family and is currently vacant. The surrounding zoning and land uses are as follows: Direction Comprehensive Plan Zoning Land Use North Single Family I-1, Light Industrial & B-2, General Business Residential General Business South Single Family I-1, Light Industrial & R-1, Vacant & Industrial (across W. Main St.) Residential Single Family East Rural Development I-1, Light Industrial Industrial West Single Family Residential g-2, General Business Vacant & Single Family g y The area consists of a mix of zoning districts and land uses, including commercial and industrial development, and several legal nonconforming single family residences located along W. Main Street that are also zoned B-2, General Business. The property located immediately to the south is vacant, but was previously developed as an industrial use, taking access from Bremond Street. 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: Nacoi doches) the oldest town in Texas Planning and Zoning Commission Date: May 10, 2021 Agenda Item: 5.d If the zone change request is approved it may adversely affect adjacent properties, as properties immediately to the east and west are already zoned for commercial uses. The property immediately to the south is currently vacant, but was previously developed with industrial uses. 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 tracts located immediately to the east and west of the subject are owned by applicant, who intends to develop the property with commercial uses. The property located immediately to the south is vacant, but was previously developed as an industrial use, with direct access to Bremond Street. Supporting Facilities. Adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided: The subject property takes direct access from W. Main Street. The property has access to public utilities, with 6-inch water main located along W. Main Street, and a 4-inch sewer main that runs along the southern boundary of the subject property. The roadway adequate to accommodate the nature and volume of traffic typically generated by the commercial uses permitted under the B-2, General Business zoning district. Per the FEMA Floodplain Map, there is a portion of the subject property along the eastern boundary that falls within the 500-Year Flood Zone. There are no structures or improvements proposed in the floodplain area. 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 affectinggeneral public or adjacent developments: All future driveways and parking areas will meet the City's current land development design standards. Nuisances. Adequate nuisance -prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration If the zone change request is approved, any new construction would be subject to current development regulation, including 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. Lighting. Any lighting to be provided will be directional so as not to disturb or adversely affect neighboring properties; 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; Nacoi doches) the oldest town in Texas Planning and Zoning Commission Date: May 10, 2021 Agenda Item: 5.d If the zone change request is approved, any new construction would be subject to current commercial district landscaping 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 subject property and the surrounding area as Single Family Residential, with property to the east designated at Rural Development; this Rural designation is likely due to the proximity to Banita Creek and the significant floodplain in this area. The Rural Development Future Land Use category 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 Single Family Residential Future Land Use category is described as, "Conventional one -family detached dwellings (also includes duplexes)." While the subject property and surrounding area is designated as Single Family Residential, the Comprehensive Plan outlines that the Future Land Use map, ".As not a rigid, parcel -specific mandate for how land shall be developed...", rather it's a guide to help visualize the desired development pattern in a given area. 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. And although the subject property itself is designated as Single Family Residential on the Future land Use Map, the majority of the property fronting W. Main Street is zoned and developed with commercial uses. Per the 2003 Nacogdoches Comprehensive Plan, the Thoroughfare Plan designates W. Main Street as a Major Arterial. These streets are designed and intended to have greater capacity to accommodate the high volume of traffic typically generated by the commercial uses permitted under the B-2, General Business zoning district. Additionally, this request furthers the goals and objectives of the Comprehensive Plan; specifically, the goal to encourage Growth Inward- Long-term growth in appropriate areas to achieve an efficient, diverse and 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. Notices Staff mailed eight notices to property owners within the 200 foot notification area. Since the time of this report, Staff has received zero contacts regarding the request. This zoning application was also subject to the additional noticing practices approved by City Council in January, 2021. These Nacoi doches) the oldest town in Texas Planning and Zoning Commission Date: May 10, 2021 Agenda Item: 5.d include a zoning sign located on the subject property, notices posted on the City webpage and social media platforms, and courtesy notices mailed to property owners within 500 feet of the subject property. There is no active neighborhood association in this area. Staff Recommendation Based on the above findings, Staff recommends approval 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, May 10th. 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: ATTACHMENTS: Alaina Chaffin, AICP, City Planner chafina@nactx.us (936) 559-2572 Location Map Aerial Map Zoning Map Future Land Use Map Notification Map Site Photos LTOL19 313"BK43 v OL85 BK 43 LT 1 N LT OL 81-A 311 B 42 LTOL84 BK43 Z BK43 L L LT 81 1 BK 43 p 304 1 1 305 g 4 43 LT 2 M LT OL 421 L OL 84- 415 T OL BK 43 CI)a 81-B BK 81-F BK 43 K 3L OL 4- LTOL81- LTOL81-H - 3 FLORA ST 222 BK 43 223 LT OL 84-B 218LT OL 22322 424 4 O BK 43 81-D BK 43 LT 1 BK43 LT 91-1 8-E LT 17 BK 1- BK 41 84-E- LTOL84 A LTOL81-E LT2 BK43 30o T O BK 43 BK 43 BK 43 4- - LT 7 LT 5 8 8 LT 1 211 LT 37- - BK 43 K4 LT 1 B 43 BK43 BK4 LT LT 37- - BK 2 L 913 12 -A K 43 203 822 81 K143 22�L 15 K 43 910 LT T 37-B 17 L1(N ST BK 4 135 LT 37-A K 4 LT 10 135 LT 2 BK43 BK 42 23 919 913 BK 43 LT 8 K 43 LT 4 125 T -D LT 18 B 43 LT 12127 - BK 43 B 42 L 16 B 43 BK 43 116 3 LT 22-D 18 918 908 LT 2 121 L 22-G K 4 BK 43 10 8 9 8 91 08 BK 43 112 LT 22-E 90 T 1012 18 IT OL LT 1 22- BK 4 BK 43LT - 43 LT 2 -A K 42 24- BK 2 918 BK 43 BK 43 1816 LT 22-C 000 810 O 6 V 3 908 90 904 L 2-A B 43 804 LT 24-C �'LA $ LT 22- BK 43 1013 RD LT OL LT O LT 2 - 2 2 LT BK 43 S T79 AB 42 BK4 911 LT 7 -B 42 T 3 _G 9 1 1115 K 905 LT O L 38 11 _ 80- LT 79 22 BK 43 1 K 4 BK 42 T OL _g LT OL 101 100 100 921 � 5 BK 3 39-C 915 BK 43 T8 OL 3 - 4 1 B Legend LT48-ABK35 T LT Proposed Zone Change LT 48 BK 35 N L 2 BK 35 129Z BK LT 1-D BK 35 m LT 4 BK42 LT 1 B K 35 132 0 LT 2 BK 35 LT 2 BK 35 cl) LT 5 BK42 220 217 LT3BK35 LT1 BK35 LT 6 BK ?21 LT 4 BK 35 LT 2-A BK 35 LT7 BK42 LT BK 35 LT BK 35 301 514 T3 BK42 LT 1 BK 315 LT 6 BK 3 LT 4 BK 35 3 31 BK42LT T3 K3 06 LT BK 35 LT3 BK 315 1 T A MIZ A 42 T n li nr_ 1 T nG 312-9 � --- �T "LT -a LT33EK 3 LT43-ABK43 BK 1 BK 1 LT2BK43 LT33 B 4 312 306 LT 28-A LT 28 LT 1 BK43 43 LT 42-A BK 43 BK 1 BK 1 T 3z B 4 LT 5A BK 43 LT B 300 LT 42 BK 43 LT 31 -B 11 LT 5B 4 BK1 LT31 BK1 LT 36 LT41 BK43 216 214 LT 16 BK43 LT6 BK43 BK 43 T32 B 1 LT 23-A BK 43 LT 40 BK 43 L 33-A B 1 LT 36 LT 15 BK 43 LT BAN ITA BK 1 LT 23-B BK 43 LT 7 BK43 211 LT 38 BK 43 CREEK co PARK BK 1 —J LT 6 211 � � LT BK1 LT 23-C BK 43 LT 14 B K 43 LT 39 B K 43 W LT 5- LT 8 BK43 LT 37 LT BAN ITA L4. 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Main Street 446, OLI-a 46 W. Main Street View to the north NacoiY,,,,doches) the oldest town in Texas jr PRESENTER: Alaina Chafin, AICP, City Planner Planning and Zoning Commission Date: May 10, 2021 Agenda Item: 51 ITEM/SUBJECT: Consider approval of the revised Preliminary Plan for the Spring Creek Estates Subdivision, consisting of approximately 180.8 acres, located in the Nacogdoches Extraterritorial Jurisdiction. OVERVIEW: Spring Creek Estates is located on FM 2609 (Appleby Sand Road) outside the corporate City Limits. The subdivision has been platted and constructed in phases, with two final phases remaining to complete the build out of entire the subdivision. This is a single family residential subdivision consisting of approximately 180.8 acres, 201 existing lots, and 30 future/proposed lots. The next proposed phase of the subdivision (Phase 5) requires variances to the Subdivision Ordinance Section 90-186. - `Culs-de-sac', and Section 90-216. -'Blocks'. STAFF REVIEW: The City Planner and City Engineer have reviewed the proposal and found that the design conforms to City standards. This subdivision will be constructed on a private road and no City or County maintenance will be required. The City Engineer has determined there are currently no drainage issues. The next proposed phase of the development extends the length of Spring Creek Drive and Clear View Lane, which exceed the maximum length permitted for block length and streets that end in a cul-de-sac. Plat Design & Proposed Development The subdivision is a private street development consisting of 28 single family residential lots, and two reserve tracts, on approximately 21.1 acres. Reserve Tracts "A" and "B" are designated as an open space "greenbelt" area, where no buildings will be constructed. The proposed preliminary plan complies with the subdivision regulations, with the exception of variances being requested for the following sections of the subdivision ordinance: Section 90 -186. - `Culs-de-Sac', and Section 90 - 216. -'Blocks'. The proposed plan extends the length of Spring Creek Drive and Clear View Lane, both of which end in a cul-de-sac. The proposed plan extends the length of these streets beyond the maximum 600 feet allowed by the subdivision ordinance for streets that end in a cul-de-sac. Additionally, the proposed extensions of Spring Creek Drive and Clear View Lane also exceed the maximum block length allowed by the subdivision ordinance, which shall not exceed 1,200 feet in residential areas. Zoning Issues None. This property is in the City's extraterritorial jurisdiction, and is outside the City limits. Therefore, zoning regulations do not apply to this property, only subdivision regulations. 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 NacoiY,,,,doches) the oldest town in Texas jr Planning and Zoning Commission Date: May 10, 2021 Agenda Item: 51 meet the City's drainage ordinance requirements. Access drives must meet the City's driveway guidelines. Subdivision Variance Requests This Preliminary Plan is comprised of 108.8 acres. The applicant is proposing the final plat of 28 lots and 2 reserve tracts as a step towards completing development of the Spring Creek Subdivision. The revised Preliminary Plan matches the Preliminary Plan that was approved for this property in 2000 in regards to access, circulation, and street layout. The subdivision ordinance allows a maximum length of 600 feet for block length and for streets that end in a cul-de-sac. These requirements ensure adequate circulation is provided in the subdivision, improving traffic flow and fire response times. The initial phases of this development received a variance to this requirement to allow Spring Creek Drive to be 1500 feet long. Subsequent phases of the development have lengthened Spring Creek Drive beyond the initially approved variance, and the proposed Plan also lengthens Clear View Lane beyond the maximum permitted for both block length and the length of the cul-de-sac. Staff finds that there have been no substantial changes on or surrounding the property since the effective approval date of the original Preliminary Plan and therefore, recommends approval of the variances as outlined below. Subdivision Ordinance Section 90-186. - Culs-de-sac (length) -This section permits a maximum length for a street that ends in a cul-de-sac is 600 feet. 1. Clear View Lane (from Spring Creek Drive to termination of Clear View Lane) is approximately 1,600 feet in length, which exceeds the maximum by 1,000 feet. 2. Spring Creek Drive (from FM 2609 to termination of Spring Creek Drive) is approximately 5,500 feet in length, which exceeds the maximum by 4,900 feet. Subdivision Ordinance Section 90-216. -Blocks (Block Length for Residential Areas) -This section permits a maximum block length of 600 feet in Residential Areas. 3. North side of Clear View Lane (from Spring Creek Drive to termination of Clear View Lane) -block length is 817 feet, which exceeds the maximum by 217 feet. 4. South side of Clear View Lane (from Spring Creek Drive to termination of Clear View Lane) -block length is 817 feet, which exceeds the maximum by 217 feet. S. North side of Spring Creek Drive (from Clear View Lane to termination of Spring Creek Drive) is approximately 5,500 feet, which exceeds the maximum by 4,900 feet. 6. South side of Spring Creek Drive (from FM 2609 to termination of Spring Creek Drive) is approximately 5,500 feet, which exceeds the maximum by 4,900 feet. In accordance with the Subdivision Regulations, when considering a variance the Planning and Zoning Commission should make the following findings to approve the variance (Staff findings are in italics). Each variance request is addressed individually in the order listed above: Nacoiy,,,,doches) the oldest town in Texas Jr Planning and Zoning Commission Date: May 10, 2021 Agenda Item: 5.f (1) There are special circumstances or conditions affecting the land involved such that the strict application of this chapter would deprive the applicant of the reasonable use of his land; The revised Preliminary Plan matches the Preliminary Plan that was approved for this property in 2000 in regards to access, circulation, and street layout. Stafffinds that there have been no substantial changes on or surrounding the property since the effective approval date of the original Preliminary Plan that would necessitate modifications to the proposed street network. (2) The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; The revised Preliminary Plan matches the Preliminary Plan that was approved for this property in 2000 in regards to access, circulation, and street layout. Staff finds that there have been no substantial changes on or surrounding the property since the effective approval date of the original Preliminary Plan that would necessitate modifications to the proposed street network. (3) The granting of the variance will not be detrimental to the public health, safety or welfare or injurious to other property in the area; and The revised Preliminary Plan matches the Preliminary Plan that was approved for this property in 2000 in regards to access, circulation, and street layout. Staff finds that there have been no substantial changes on or surrounding the property since the effective approval date of the original Preliminary Plan that would necessitate modifications to the proposed street network. Also, due to the amount of remaining lots to be developed, additional connections may provide little benefit. (4) The granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with this chapter. The revised Preliminary Plan matches the Preliminary Plan that was approved for this property in 2000 in regards to access, circulation, and street layout Granting of the variances will not prevent the orderly subdivision of adjacent tracts. Staff finds that there have been no substantial changes on or surrounding the property since the effective approval date of the original Preliminary Plan that would necessitate modifications to the proposed street network. Also, due to the amount of remaining lots to be developed, additional connections may provide little benefit. 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, and requires variances to the Subdivision Ordiannce STAFF RECOMMENDATION: Based on the above findings, Staff recommends approval of the Preliminary Plan. CITY CONTACT: Alaina Chafin, AICP, City Planner chafina@nactx.us NacoiY,,,,doches) the oldest town in Texas jr ATTACHMENTS: Planning and Zoning Commission (936) 559-2572 Vicinity Map Aerial Map 2000 Preliminary Plan Revised Preliminary Plan Exhibit Date: May 10, 2021 Agenda Item: 5.f Spring Creek Subdivision Notice: This product is for informational purposes and may CAI' 0 500 1,000 2,000 Feet not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. P99 Date Created: May 6, 2021 Software: ArcGIS 10.8.1 Spring Creek Parcels :�,. City Limit ® ETJ 12 11 •- 1 113"IS. law 372239 I ■�.� �� i�,�l 31 6217�, . IMMN� 3611 6210 MEMO== 2609 ) i SPRING CREEK SUBDIVISION ` 1.� wr w � 1 City of Nacogdoches ETJ (2 Miles) VICINITY MAP SCALE: 1" = 1 MILE J. Kingham (V.715/P.594) 180.7 Ac. (Nat Platted) I A.W. Shepherd ///... 1 �S)8.994/Ac.1 O 450 .!�' �' w � Not Platted) } ml SERVE SANDSTONE LANE- aal a P tNG CREE DRIVE SPRING CREEK D E i o P. Cottrell pl (V.545 P.886) _ w .AREA .�••• •• Qi 3.00 Ac. 31 C S \` m 1 t Platt Ap •�• � m E W I •t I F t •� GATED ENTRY ^0; � :,`• � D DRIVE 1,• / ^: R.D. Jones (V.1114/P.54) NO C EK RIVE �• Q 5.72 Ac. / UUO=VIEVV DRI •+ _r,{j N t (Not Platted) 1100 �••.i••• �'si2PoDdii's'ssii•"' 1 'o •�., X 410 \.. •� n I M 7 490 — \ \ x �a 380 I 1 \ / t \ 2 S.B. Tucker, Jr. (V.406/P.359) 180.8 Ac. (Not Platted) SCALE; 1" = 300' 300 200 100 0 300 SUBDIVIDER & RECORD OWNER PIE MONTES (V. 1397/ P. 183) 14 RUNYAN COURT LUFKIN, TEXAS 75901 DRAWING �I SPRING CREEK OR SUBDIVISION JOB No. L�J E PRELIMINARY PLAT ENGINEERS - SURVEYORS SHEET - EVERETT GRIFFITH, JR. & ASSOCIATES, INC. DESIGNED W. RFF DRAWN BY. RVH RNM 1 408 North Third Street 1 - 30o OF Lufkin, Texcs SURVEYED BY: EGA CHECKED BY: RFF F.B. No. No. DESCRIPTION BY DATE 409/634-553 rAnIlATm Ry RFF nATF 02-29-2000 SAVE NAME 3 SPRING CREEK 2609 SUBDIVISION GYPBELL ANE VICINITY MAP SCALE- 1" = 1 MILE THE VILLAGE "CONDOMINIUMS" SPRING CREEK SUBDIVISCIN I I QUARRY LANE SECTION ONE SEEING CREEKDRIVE SANDSTONE ME SPRING CREEK SUBDIVISON, SECTK IN 4 PROPOSED SPRING CREEK ESTATES Sp PHASE 5 SPRING BOULDER LANE T CD SPRINGCREEKONE OREEK SUBDIVISON SECTION 3 u) 1 SPRING CREEK ESTATES 11 FUTURE DEVELOPMENT SPRINGCREEK ESTATES, (3 LOTS 41 PHASE 2 CRLF SPRING cRfCk SPRING CREEK DRIVE SPRING CREEK ESTATES, I PHASE 3 LATEVIEW DRIV SPRING CREEK SUBDI , SECTION 5 (REPLAN) vE SPRING CREEK SECTION TWO REPLAN 7.8.19 SPRING CREEK SUBDIVISON AND 2OF LOTS 0 SPRING CREEK. SECTION 5 (REPLAN) SECTION5 (REPLAT) I I Lff 1-0 OF SPRING M7- - SUBDIVISION. SECTION 5 (REPLAT)—REVISED TOTAL ACREAGE: APPROXIMATELY 180.8 ACRES APPROXIMATELY 201 EXISTING LOTS (117.166 ACRES) APPROXIMATELY 27 PROPOSED LOTS (21.144 ACRES) APPROXIMATELY 3 LOTS FUTURE DEVELOPMENT (42.49 ACRES) SCALE I" — 101' i -"9-"96mmmm" 200 100 0 200 SLAVE OR DID NOT A37RACT FOR EA5EMENT5 NOR DOES SURVEYOR WARRANT TITLE FOR REVIEW PURPOSES ONLY Shoot PRELIMINARY SPRING CREEK THIS DOCUMENT SHALL NOT 1 BE RECORDED FOR ANYPURPOSE u SUBDIVISION MICHAEL G. PARKER, R-P.L.S- 4527 ENGINEERS - SURVEYORS Of DATE." 05-03-2021 Everett Griffith, Jr. & Associates Inc. PRELIMINARY PLAT 408 NORTH THIRD STREET LUFKIN, TEXAS, 75901 05/03/2021 TEXAS ENGINEERING 9365345528 TEXAS SURVEYING FIRM NO. F4158 FIRM NO, f00291-00 Nacoiy,,,,doches) the oldest town in Texas jr PRESENTER: Alaina Chafin, AICP, City Planner Planning and Zoning Commission Date: May 10, 2021 Agenda Item: 51 ITEM/SUBJECT: Consider approval of the Final Plat for the Spring Creek Estates Subdivision, Phase 5, consisting of approximately 21.1 acres, located in the Nacogdoches Extraterritorial Jurisdiction. OVERVIEW: Spring Creek Estates is located on FM 2609 (Appleby Sand Road) outside the corporate City Limits. The subdivision has been platted and constructed in phases and the proposed plat would add two reserve tracts and 28 single family residential lots ranging in size from 0.26 to 0.28 acres. STAFF REVIEW: The City Planner and City Engineer have reviewed the proposal and found that the design conforms to City standards. This subdivision will be constructed on a private road and no City or County maintenance will be required. The City Engineer has determined there are currently no drainage issues. Plat Design & Proposed Development The subdivision is a private street development consisting of 28 single family residential lots, and two reserve tracts, on approximately 21.1 acres. Reserve Tracts "A" and "B" are designated as an open space "greenbelt" area, where no buildings will be constructed. Zoning Issues None. This property is in the City's extraterritorial jurisdiction, and is outside the City limits. Therefore, zoning regulations do not apply to this property, only subdivision regulations. 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. 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, City Planner chafina@nactx.us (936) 559-2572 ATTACHMENTS: Vicinity Map, Aerial Map, & Plat Exhibit Spring Creek Subdivision Notice: This product is for informational purposes and may CAI' 0 500 1,000 2,000 Feet not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. P99 Date Created: May 6, 2021 Software: ArcGIS 10.8.1 Spring Creek Parcels :�,. City Limit ® ETJ 12 11 •- 1 113"IS. law 372239 I ■�.� �� i�,�l 31 6217�, . IMMN� 3611 6210 MEMO== Gl,,pFITH, JR. &,4S& SPRING CREEK ESTA TES., PHASE 5 INNc KAGAN KAGAN HAGAN 4213/255 4213/2 5 4213/255 "'IT "A' D""' A* E -A' Ekln RESIDUE 180.7 ACRES RESIDUE OF 180.7 ACRES RESIDUE 'OF' '180.7 ACRES NEC OF 70.00 ACRE iR EAST 1502.28' EAST 1438.98' EAST 1�1.He SPIN MON FOR REVIEW PURPOSES ONLY SCALE: 1' = 60' 1 30 0 0 IS PRELIMINARY SUROVEYORDIDNOPPAEUSTRACTFOREASEMI THIS DOCUMENT SHALL NOT NOR DOES SUWEYORV1MIiUI0,T TITLE I RE RESERVE 'IN' 96.05' BE RECORDED FOR ANY PURPOSE EA RE N 87'04'0B9.76' ' E 837-37' 34.84' STREET jolifti By dy 79.50' ERROL A. COLLINS, R.P.L.S. 5412 (6.315 ACRES) 76.96' RBAMDI, Mc79.73' 4335/175 0- 76.21' SEJ 1/2' PIPE FOR ALL LOT 16b 164.41' RESIDUE OF 70.00 ACRES DATE: TE. MAY Y 4, 2021 CORNERS UNLESS OTHERWISE NOTED OWNER'S CERTIFICATE HE 112 PIPE LOT 9 LOT 10 LOT 7 LOT 8 THE STATE OF TEXAS LOT 5 LOT 6 CH LOT 1 LOT 2 LOT 4 (0.309 ACRE) (0.315 ACRE) OUNTY OF NACOGDOCHES: LOT 3 S 0.310 ACRE) (0.274 ACRE) (0.292 ACRE) (0.318 ACRE) WHEREAS SCAMP, LLC is The owner of all That certain Tract or parcel of land lying and situated In Nacogdoches, (0.422 ACRE) �2 (0.275 ACRE) (0.265 ACRE) County, Texas, out of the J. CORDOVA SURVEY, ABSTRACT NO, 20, and being all of the residue Tract of That certain 19.36 (0.262 ACRE) acre t oct-TRACT TWO -EXHIBIT "A!' described in a deed conveyed from Ago, INC. to RBAMDI, LLC dated October 20, 2015 OJDD' and recorded in Volume 4335 on Page 183 and being a part or portion of The residue tract of that certain 70,00 acre tract -TRACT TWO -EXHIBIT "A" described in a deed conveyed from Joseph Iris Monies to RBAMDI, LLC doted October 20, 1, recorded I . I 1 111 1 1 IF f IT Offi I I P 'If R d f N d h ' I T I SPRING CREEK ,liSTA E:IEG. PHASE 4\ MAP OR PUT RECORDS (o.2s7 ACRE) SPRING CREEK ESTATES, PHASE 4 MAP 211'1�TI.12 D. OR LOT 1 (0.395 ACRE) SPRING CREEK ESTATES, PHASE 2. 1 VOLUME 17 PAGE 24 MAP OR PLAT RECORDS LOT 6 SPRING CREEK ESTATES, D.284 ACRE PHASE 2, RUSE VOL ME 17 PAGE 24 MAP OR PLAT RECORDS LOT 5 IN 310 ACRE SPRING CREEK ESTATES, PHASE 2, REVISED VOLUME 17 PAGE 24 MAP OR PLAT RECORDS LOT 4 0 310 ACRE 67.07' 20 and a or A n c um, an age I a 0 A c a u c Records a acog oc as County, exes, a which references are hereby made for any and all purposes and the said tract or parcel being described by metes and bounds as Hollows,. to wit: 79.73' COMMENCING at a 5/8" iron rod found, of fence corner post, for the Southeast corner of the aforesaid referred to 4.43"- 80.43' 76.21 - - - - - - - - - - - - -- GO IT of a d -P -S-VTEN7) residue Or the a 70.00 acre tract, an angle corner of that certain 180.8 acre tract -Exhibit "A" described in a CLEAR VIEW LANE (PRIVATE STREET) - - - - - - - - - - - - - - - (50 OW) WIDE ACCESS So E ENT dead conveyed from Stephen B. Fucker, 111, Trustee to Justin Lowe Pannell, at al doted December 29, 2015 and recorded 1 - - - - - - - - - - (1.139 ACRES) in Volume 4358 on Page 109 and he Southwest of hoest corner That certain 5.72 acre tract described In a deed conveyed - - - - - - - - - S 87'04'47' W 74515' 80.48' M.70' from Valicia Hubbard to Roger Dale Jones dated June u n a 1 1 1 997 and recorded in Volume 1114 an Page 64, both of the 7779.71 8D.6 .59 79.38 79.11 said Official Public Records, from which a concrete monument found for reference bears N 76' 16' 40" E of 1,77 feet; 96.67' 18.00, THENCE, along the Common boundary line of the said residue treat of the said 70.00 acre tract and the said 1 1.58, 180.8 or, 1-1, S 89' 18' 15" W at 1576.16 feet a 112" iron pipe set for corner and the POINT OF BEGINNING; �ti LOT 19 -1 THENCE, continuing alone the common boundary line of the said residue tract of the said 70,00 acre tract and the q LOT 13 LOT 12 LC= S 4S44'35* W 72.86' said 180.8 acre firce, S 89' 18' 15" W at 409.88 feel a 112" Iron pipe found for The Southwest corner of In, said LOT 14 - LOT 11 A=232.54' R=50.00' residue tract of the said 70.00 acre tract and the Southeast corner of Lot 10 (0.672 acre) of Spring Creek Estates, (0.200 ACRE) 8 IS LOT 15 LOT 16 Phase S,6o subdivision AH'ision within Nacogdoches County, Texas, as reflected on the plot recorded in Clerks Document (0.278 ACRE) (0.276 ACRE) 2 9-90 0 of The Map or Plat Records of the said County: 'A (0.274 ACRE) (0.270 ACRE) do THENCE, along the most Southerly West boundary line of the said residue Tract of The said 70.00 acre Tract, along (0.269 ACRE) (0.267 ACRE) The East boundary line of The said Lot 10 (Phase 3) and crossing the East end of Spring Creek Drive (a private street - LOT 20 50 feet wide access easement), N 00' 41' 46" W, at 255,22 feel pass on line a 1/2" Iron pipe found for The Northeast corner of the said Lot 10 (Phase 3) and The Southeast corner of the said Spring Creek Drive, at a total distance of 1� RBAMDI. LLC 306.09 feet a 112" iron pipe found for the most Southerly Interior corner of the said residue tract of the sold 70.00 (0.327 ACRE) 10.413' 4335/171 ACRES 78.11 RESIDUE OF 7 0 .00 acre tract and the Northeast corner of The said Spring Creek Drive; 77.59' ok R 628.63' IIHENCE, along the middle South boundary line of the said residue tract of the said 70.00 acre tract and along the 78.00' North me Of Spring Creek Drive, S 78' 40' 11" W at 30.53 feet a 1/2" Iron pipe found for The middle Southwest corner of the said residue tract of the said 70.00 acre tract and the Southeast corner of Lot 11 (0.770 acre) of the said Spring Creek Estates, Phase 3; SPRING CREEK ESTATES. PHASE 4 RESERVE 'i MAP2019-9 62 THENCE, alone the middle West boundary line of the said residue tract of the said 70,00 acre tract and alone the OR PLAT RECORDS iq SPRING CREEK ESTATES, PHASE 4 LOT 4 E 0 at boundary line of the sold Lot 11 (Phase 3), N 00' 41' 46" W at 382.80 feet a 112" iron pipe found for the most 2019-9D62 (0.503 ACRE) (1.564 ACRES) Northerly interior corner of The said residue Tract of the said 70,00 acre Tract and The Northeast corner of Lot 11 (Phase MAP OR PLAT 3RECORDS 3): LOT (D.496 ACRE) THENCE, along the most Southerly Southeast boundary line of the said residue tract of the said 70,00 acre tract and along the Northwest boundary line of the said Spring Creek Estates, Phase 3 (Lots 11, 12 and sort of Lot 13), A jil IN 89'18'15" E 452.94' 135.84' 1 66' 51' OE" W at 225.76 feel , point for the most Southerly South corner of The said residue tract of the said 70.00 D SPRING CREEK ESi PHASE 3 112.39' 119.70' 85.01 acre tract and the East corner of Lot 4 (0.503 acre) of the said Spring Creek Estates, Phase 4, a subdivision within IFD 1/2 PIPE @ 34,81' 2011 Nacogdoches County, Texas, as reflected on the plot recorded In Clerks Document # 2019-9062 of the said Map or Plot MAP OR PLAT RECORDS LOT 11 Records, from which 0 112" iron pipe found for reference bears N 10' 25' 42" W at 34,81 feet: (D. 770 ACRE) POINT SPRING CREEK ESTATES PHASE 3 THENCE, along the Southwest boundary line of the said residue tract of the said 70,00 acre tract, along the 2019-906D MAP OR PLAT RECORDS Northeast boundary line of the said Phase 4 (Lots 4 JR 2) and crossing the East end of Clear View Lone (d private LOT 12 - 50 He 728 ACRE) street at wide access easement), N 30' 25' 42" W, at 284.11 feet pass on line a 1/2" Iron pipe found for The SPRING CREEK ESTATES, PHASE 3 North corner of The said Lot 4 (Phase 4) and the East corner of The sold Clear View Lone, at 334.11 feel pass on line 2DII a 112" iron pipe found for the East corner of The said Lot 2 (Phase 4) and The North corner Of the card Clear View MAP OR PLAT RECORDS Lone, of a total distance of 484.11 feet a 112" iron pipe found for the most Northerly interior corner of the said residue LOT 13 (Oul ACRE) I LLC Tract of The said 70.00 acre Tract and The North corner of The said Lot 2 (Phase G; LOT 23 LOT 24 Zi��175 RESIDUE OF 7DDO ACRES THENCE, alone the most Westerly Southeast boundary line of the said residue treat of the said 70,00 acre tract LOT 22 (0.487 ACRE) the Northwest boundary line of the said Spring Creek Estates, Phase 4 (lot 2 & 1) and of Spring Creek Estates, Phase 2 (0.747 ACRE) and along the Southeast boundary line of The aforesaid referred to residue Tract of The sold 19,36 acre Tract and along (0.722 ACRE) (Lots 6 through 1) a subdivision within Nacogdoches County, Texas, as reflected an the plot recorded in Volume 17 on LOT 21 Page 24 of The said Map or Plat Records Clerks, S 59' 34' 18" W, at 127.95 feel pass on line a point for the most CURVE DATA TABLE LC= S 4327'47" E 71 .98- Northerly Southwest corner of the said 70,00 acre tract and The Southeast corner of the residue tract Of the said 19,36 CURVE LONG CHORD RADIUS ARC LENGTH _DELTA (0.781 ACRE) A=233.81' R=50.OD' acre Frost, at a fatal distance of 685.63 feet a 112" iron pipe found for the Southwest corner of the said residue tract 11 The said 19.E6 acre tract and the Northwest corner of the said Spring Creek Estates Phase 2 (Lot 1), on the East C1 N 73 19 32 E 83 21 175 ED 84 02' 27 30 29 boundary line c f Lot 5 of Spring Creek Estal a, , subdivision within Nacogdoches County, Texas, as reflected on the plot C2 5 73 19 32 W 59 44 125 OC 60.01' 27 30 29 SPRING CREEK ESTATES. PHASE 3 recorded in Volume 15 on Page 8 of the said Map or Plot Records; C3 N 62 07 51 E 42 70 75.00 43 AV 3304 39 'P 2019-q 60 OR PLAT I CORDS THENCE, alone the West boundary line of the said residue tract of the sold 19,36 acre tract end in sort along the C4 N 61 31 32 E 54 90 100 00 55.62 31 52 00 D LOT 11 E L st boundary line of the said Lot 5 of Spring Creek Estates, NORTH at 499.29 feet a 112" iron pipe found for the 770 ACRE) Northwest corner of the said residue Tract of The said 19,36 acre Tract and the Northeast corner of The said Lot 5 of C5 N 59 56 30 E 49 57 100 00 5009 2841 56 To he said Spring Creek Estates, on the South boundary line of The residue tract of That certain 180.7 acre tract -EXHIBIT A C6 N 75 52 30 E 553 100 00 5,53 3 10 04 CID described ribed in N deed conveyed from Anaheim, LTD to 3111 Hagan dated February 20, 2015 and recorded in Volume 4213 A=233 R= RE N 79 53 53 E 115 88 1361 27 1 15 92 4 52 44 C8 OF an Page 255 of the said Official Public Records, from which a 112" iron pipe found for reference bears WEST 45296 ,50* E 3311.25' RE N 8408 04 E 85 36 1361 27 85 3E' 335 36 LC= 84'2'� feet; A! D 27 (PRIVATE Cis R-1361.27' (PRIVATE STREET) L Re N 88 41 00 E 130 73 1361 27 130 78 5 30 16 E DR� - - - - - - - T57rio;) (50' WIDE ACCESS EASEMENT) - - - - -- THENCE, alone the North boundary line of the said residue tract of the said 19.36 core tract and in part stand the IR 1K North boundary line of the said residue tract of the said 70,00 acre tract and in part along The South boundary line of CA C10 A 89 1309 W 103 05 1311 27 10307 4 30 14 SPRING CREEK DRIVE SPRING - - - 687 ACRE) 613' R=1311.27' , the Of 1 A 84 33 02 W 110 58 1311 27 110 61 4 49 59 C= �319.B9 {he ddresidue tract of the said 180,7 core tract, BASH, Ut 480.15 feet pass an line o point for the Northeast corner IreC10 Of said residue tract of the said 19.36 acre tract and the Northwest corner of The said residue tract of the said C12 A 79 47 47 W 106 97 1311 27 107 OD' 4 40 31 C11 70.00 acre tract, at N Total distance Of 1502.28 feel a 1/2" Iron pipe set for corner, from which a point for The most PIPE C13 5 61 31 32 W 27 45 50 ACT 273V 31 52 00 ED 1/2� PIPE W LC= IN 87'26'12" W 50.00' Northerly Northeast corner of the said residue tract of the sold 70,00 acre tract bears EAST of 1491,96 feet (from said A=5D.00' R=1311.27- point, a concrete monument found for reference bears EAST at 2.98 feet); C14 5 62 07 51 W 71 17 125 00 72 1C 3304 39 11" W53, THENCE, across the said residue tract of the said 70.00 core tract, the following seven course, S gw"'v SI-Revil sS N 1) A 00' 30' 10" W at 216,06 feel a 112" iron pipe set for corner: T i".WgtM S p,ill oftevy- ".EiNcaess L4 SIP 'C'm ISO 2) N 87' 04' 47" E at 50.00 feet a 1/2" iron pipe set for point of curvature (of cul-de-sac); 3) 232.54 feet along a 114' 35' 30" curve to the right, having a radius of 50.00 feet, a central angle of 266' 28' 05", and a long chord bearing of S 43' 44' 35" W ct 72.86 feet a 112" iron pipe set far corner (end of curvature); I LLC 4) S 00' 30' 10" W at 512.95 feel a 112" iron pipe set for corner (beginning of curvature); LOT 28 LOT 27 LOT 26 LOT 25 4335/175 RESIDUE OF 7DLDD ACRES 5) 233,81 feet along a 114' 35' 30" curve to the right, having F radius of 50.00 feet, a central angle of 267' 55' 52" and a long chord bearing of A 43' 27' 47" E at 71.98 feet a 112" iron pipe set for end of curvature (of LINE TABLE (0.619ACRE) (0.756 ACRE) (0.823 ACRE) (0.755 ACRE) cul-de-sac); LINE DIRECTION DISTANCE 6) 50.00 feet along a 04' 22' 10" curve to The left, having a radius of 1E11.27 feet, a central angle of 02' 11' 06" ITT N 59 34 18 E 6 54 B and a long chord bearing of Of 87' 26' 12" W at 50.00 feet a 112" iron pipe set for corner; LA SPRING CREEK ESTATES PHASE 3 S 59 34 18 W 6 54 2019-9060 ' !B L3 N 78 40 1 1 E 1.22r MAP OR PUTRECORDS7) A 00' GO' la" W at J29.53 feet the POINT AND PLACE OF BEGINNING end containing 21,144 acres of land, more LOT I or Is,,. LA A 78 40 1 1 W 10 61 (0.672 ACRE) Basis of Bearings: A East boundary line of Lot No. 4 (3.55 oc,) of Spring Creek Estates, a subdivision within Nacogdoches County, Texas, as reflected on the plot recorded In Volume 15 an Page 8 Of the Map or Plat Records of Nacogdoches County, Texas, (Plat call - SOUTH at 446,51 feel - found 112" iron pipes (NEC Se SEC) 446,52 feet apart). Nacoadoches* the oldest town an Texas PRESENTER: Alaina Chafin, AICP, City Planner Planning and Zoning Commission Date: May 10, 2021 Agenda Item: 5.g REQUEST: Consider a variance to the sign ordinance for a wall sign that exceeds the allowed sign area requirements for property located at 4608 North Street. This request has been submitted by Stacy Bryan, with Humble Sign Company. Case File SV02021-02. TYPE OF REQUEST: The applicant is requesting to add new wall signs to an existing multi -tenant building located in a shopping center at 4608 North Street. The total wall sign area proposed is 368 square feet, which exceeds the minimum permitted by 267 square feet. BACKGROUND INFORMATION Sign Ordinance Section 78-98(4) - limits the maximum area permitted for wall signs based on the total length of "building frontage" of the structure. In a multi -tenant building, wall signage for each occupancy/tenant shall not exceed one and one-half square feet in sign area for each linear foot of that occupancy's building frontage on each street frontage up to a maximum of 300 square feet. The tenant space in question is an interior space, meaning it's not located on the end or corner of the building. This space has 67'4" of building frontage that faces North Street. This amount of building frontage allows a maximum sign area of 101 square feet for all combined wall signs. The total area of all proposed wall signs will be 368 square feet in area, exceeding the maximum by 267 square feet. Variance Specifics: Variance Specifics for Freestanding Pole Sign Standard Requested Permitted/Required Variance Area 368 ft2 101 ft2 268 ft2 Physical Characteristics 1. Frontage: The subject property has approximately 481 feet of street frontage along North Street, and 602 feet of frontage along Roselake Drive. 2. Access: The subject property takes access from North Street and Roselake Drive. 3. Topography and vegetation: The site is relatively flat, approximately 602 feet deep, with the property slightly sloping up from North Street to the main building by approximately 8 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 area maybe reduced to meet city standards and the tenant will have designated space on the freestanding sign located along North Street. Nacoadoches* the oldest town an Texas Planning and Zoning Commission Date: May 10, 2021 Agenda Item: 5.g 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) 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 convev 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 sigma d. Protect and promote property values • e. Promote community environmental setting and appearance, especially where scenic beautyis and f. To support the objectives of the individual zoning districts. Staff Recommendation Based on the above findings, Staff recommends denial of the sign variance. CITY CONTACT: Alaina Chaffin, AICP, City Planner chafina@nactx.us (936) 559-2572 ATTACHMENTS: 1. Aerial Map 2. Zoning Map 3. Sign Plans 4. Site Photos 220 400 ►n , ,. ..,.i• 'Joni , in!LT 4948 s dr� OP 7BK2 Ar- "s s �, .• / �� ..`a..■: rya-• .r�i� �r BK LT 5 I BK, LT I —8Fr L t_7 Jj I ir. BK 71 IT11 LT BK 68 Legend = • Proposed Sign Variance LT 8 LT LT 1 � r productNotice: This .. not have been prepared for or be suitable for legal, engineering, :tr surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. SV 2021-02 ' LT 2 L 7-B-3 BK 69 69 LT r1B gK 69 6LT 7-C BK 69 LT 7-N " LT 7-A-1 LT 7-B-3 .7�\L9 K 69 BK 69 BK 69 LT 7-A BK 69 BK 69 9 LT 3 BK 69 L + BK 69 6 c=gZar= LEtW68 23-BK 6A 0 125 250 500 Feet I I I I I I I I I Date Created: May 6, 2021 Software: ArcGIS 10.8.1 NE STALLINGS DR 4 BK 69 B 69 LT T3 < 67 37 3 67 18 67 Nacqdoc,che' .R.,, Engineering Department FABRICATE AND INSTALL A SET OF ILLUMINATED CHANNEL LETTERS & LOGO CABINET TO BE MOUNTED INDIVIDUALLY ON BACKER PANELS - CHANNEL LETTERS • FACES. 3/16" RILL) ACRYLIC h2283 • RETURNS: 5" DEEP .040" ALUMINUM PREFINISHED BLACK ALUMINUM • TRIM: I" PREFINISHED BLACK • BACKS: 063" ALUMINUM, STOCK WHITE • ILLUMINATION., INTERNAL LENS BACKER PANEL: 3MM PREFINISHED WHITE ACM, MOUNTED TO WALL WITH MINIMUM %" X 5" FASTENERS. LOGO CABINET • CABINET: FULL BLEED ALUMINUM EXTRUSION • FILLER: 8" DEEP ALUMINUM PAINTED P I • FACES: FULL BLEED Wl WE FLEX FACES WITH V 1, V2 & V3 • ILLUMINATION: INTERNAL LEDS • BACKER PANEL., 3MM PREFINISHED WHITE ACM MOUNTED TO WALL WITH MINIMUM %" X 5" FASTENERS. COLOR IPHEDULE PAINT COLORS - S ATtN Fl N I S I I 0 T'l. NIP RtA(,�- VINYL COLORS V I - PRINTED TO MATCH RFD PMS 1788C TRANS V2: PRINILD 10 MATCH BLUE PMS 660-- TRANS V1 3M OPArJUE BLACK BACITR PANEL R"wNs POWER SUPPLIES IN CAN ISACKS FACES VDS %'* A 5' all, FAV"IFIII wuF' HO'l CHANNEL LETTERS SACKER PAW 'ILI dUtD ALUMINUM ANGLE FRAJAE 411- FLEX FACE LOGO CABINET HUMBLE suer. Mare. 20702 TOWHSIN IJIVD. IAST. - 11UMBLE, TEXAS 11330 - 28 1-612-21011 vlkvvq . 110111blosigmcc.com 12 0 O SURVEY REQUIRED PRIOR TO FABRICATION VLT ELECTRICAL SERVICE . SIGN 33'-11 CUSTOMER TO PROVIDE PRIMARY EtECTRICAL ELECTRICAL WITHIN 6*4' OF SIGN W-5 1/2" INSPECTION 100 sty. i--'r. 150 sQ. Fr. REQUIRED CUSTOMER SPEWS #210 ADDRESS 4608 NORTH ST. Cl TY ''T-ATr' NACOGDOCHES. TX 759G5 DATE 3.25.21 SIGN LAYOUT SCALE, 1/4" v I'-(Y' Slorc Front 07'4" SIGN FRONT ELEVATION SCALE: 3/32 QUOTE NUMBER OT 28613 CONTACT JAtllf RARNFTT DESIGNER SIEVI filrU[Ros SALES REP CU I I I �! CA NTRELL 10 %0 6 R F V I S 10 N S NEW CONSTRUCTION PAGE 2 Ill 12521 CHANGED SIGN A-SH R4 G) SPICHICAlIONS If"ll 111toulplivilill Or A411CL "Dt C. I IHI Nklll.%Al t RICO CID[ AliPMA OTHER AFFtICAVI MIA! C.M TWt A'.IUDIS R2 3.30.21 CHANGED SIGN A DIMS - SH R5 PRO pt I figoullol h 6 A 41 BUN 0! IQ stj PRIMARY ELECTRICAL VOLk%S WHIMO S[ SPIMD, LiClIqlGAIll SW%$ Whi It R3 R6 UAINIACTUND 1'41111 120 V. I C. PFIVAkv HIJUCIL 901CL likAl CONUC liglil M(Of 13 71111 %19011IN91411f Of INI C1114T THIS DRAWING IS THE PROPERTY 01 HUMBLI 1,J1.11i CO. ANV RIPRODUCTION OR [XIIIHITION Of THIS DRAWING IS STRICTLY PROHIBITED. 0 2U?0 ALI RIGHTS RfS[RVFD Bette. more. NIGHT VIEW FRONT ELEVATION CUSTOMER SPEC'S #210 ADDRESS 4608 NORTH ST. CITY/ STATE NACOGDOCHES, IX 75965 DATE 3.25.21 QUOTE NUMBER aT28613 CONTACT JAMIE BARNETT DESIGNER SIEVE HIGUIROS REVISIONS Ill 3,25.21 CHANGED SIGN A - SH R2 3.30.21 CHANGED SIGN A DIMS - SH SALES REP COLLIN CANTRELL R3 R4 R5 R6 THIS DRAWING 1'; THI PROPERTY Of HUMBLE SIGN CO. ANY R [PRODUCTION OR EXHIBITION Of THIS DRAWING IS STRICTLY PROHIRIlt 0. :) 2020 ALI, RIGHTS RESERVED NEW CONSTRUCTION IJ PAGE 3 & SPECIFICATIONS INIS 110 6 AIMEE 10 111 INSTALlirl IN 1CLOROWI: MIN INI P10111killilil! 01 AR119LI 1 R Li IN[ WIWI RICIRICAl cUll INEF1 I 01"llt APPJICACLI 10041 CDP('S THIS 111CMIS PROPIR GROw! 4 6 410 InlibING OF 141 PRIMARY ELECTRICAL 1uhliSS OFMMISE SPILPIR UiCTC01. 51M Shl Of U AN UTAMR0 'Alill '-;'D V At. PfaOio iticium itivZ Iml V100C110% llillItIll Il?KI WP0lO!IlKIl11V;I 101 fillill FABRICATE AND INSTALL A SET OF ILLUMINATED CHANNEL LETTERS & LOGO MOUNTED INDIVIDUALLY ON BACKER PANELS. CHANNEL LETTERS * FACES: 3/16" RED ACRYLIC 112283 * FACE: 3/16" WHITE ARCYLIC #7328 FLAT BED PRINTED BUNNY LOGO * RETURNS: 5" DEEP .040" ALUMINUM PREFINISHED BLACK ALUMINUM TRIM: I" PRE FINISHED BLACK • BACKS: 063" ALWAINWA STOCK WHITE • ILLUMINATION: INTERNAL LEDS • BACKER PANEL: 3MM PREFINISHED WHITE ACM, MOUNTED TO WALL 2" X 7" WIREWAY, WIREWAY MOUNTED TO WALL WITH MINIMUM 3/m" X b" FASILNERS. COLOR SCHEDULE VINYL COLORS 4D V I: PRINILD TO MATCH RED PM-S 1788C TRANS 0 12: PRINTED TO MATCH BIDE PMS 64601-- TRANS 40 /3' 3tA 0PAQLjr BLACK SURVEY REQUIRED PRIOR TO FABRICATION x 51, FASTENERS BACKER PANEL TRIM RETURNS POWER SUPPLIES IN CAN F BACKS WIREWAY 0 FACES 11 ii LFDS WEEP HOLE CHANNEL LETTERS 120 VOLT ELECTRICAL SERVICE - SIGN CUSTOMER TO PROVIDE PRIMARY ELECTRICAL ELECTRICAL WITHIN a' 0" OF SIGN INSPECTION L>r RE IRED aster. otter. More. SIGN BACK ELEVATION SCALE: 1/8" = I'-U' CUSTOMER S P EC'S # 210 ADDRESS 4608 NORTH ST. CITY/ STATE NACOGDOCHES, TX 75965 DATE 3,25.21 41- 1 91-3,/211 18 -s(i, 100 sq. 1;1. v 0 7 C4 --4 SIGN LAYOUT SCALE: 1/2" = 1'-0" QUOTE NUMBER OT28G13 CONTACT JAMIE BARNETT DESIGNER SIEVE HIGUIROS SALES REP COLLIN CANTRELL M�l\ I It I., REVISIONS R 1 3.25.21 CHANGED SIGN A - SH R2 3.30.21 CHANGED SIGN A DIMS - SH R3 R4 R5 R6 Tills ORAVIIII(; IS Ulf PROPERTY W llume[(SIGN CO. ANY REPRODUCTION OR 10113ITION Of THIS DRAWING IS %TAICIlY PROIJIBITED. o 2020 Att RIGHTS RESERVED Stoic Fiont 148' NEW CONSTRUCTION 13 PAGE 4 (E) SPECIFICATIONS :"lNiS16h 11 TIBOR 10 It INSTAUID 14 AtCORDAW 41111 rtaulpim,1111' 01 11CU 00 A 1111 91111WE MCIINKAL IcIrf 4NDtqk 01111ro 't PLICA811 10 a %t CONS ?lily INCLuots pilopre GAOJV-e. AN'- pnqolmc or 111( S1 ak, PRIMARY ELECTRICAL wiltiss 01011941st spiwilto litclum sms mu of 04* 1ACTUAla Willi 120 V u I C- polvA1M r MCIRICAl 11C1. 1O%Nt CONN ie 1101 TH I 410F 13 t"I RISPONS161111y of 70, 411INT, HUM, 28702 TOWN SEN BLVD. EAST.• NUMILIE, TEXAS 7733$- 281-1112.2100 wwv. mumblesisoce.com NIGHT VIEW BACK ELEVATION CUSTOMER S P EC'S # 210 ADDRESS 4608 NORTH ST. CITY/ STATE NACOGDOCIILS. TX 75965 DATE 3.25.21 QUOTE NUMBER OT28613 CONTACT JAMIr BARNIFTT REVISIONS R1 3.25.21 CHANGED SIGN A - SH DESIGNER STEVE HIGUIROS R2 3,30.21 CHANGED SIGN A DIMS - SH SALES REP COLLIN CANTRFI.I. R3 R4 R5 116 THIS ORAW11113, IS THE PROPERTY OF IMAM[ MiN CO. ANY REPRODUCTION OR IXIIIBITION Of THIS DRAWING IS STRICTLY PRO111111111) a ?420 ALL RIGHTS R[SERM NEW CONSTRUCTION 1:1 PAGE 5 (S) SPECIFICATIONS :HIS Mh IS ATISVII, 141 11 INSTAIlt- lk AC(DIRbANCI WIN N $1QUIP.IVINI! 06 A41lCtl r'00 01 ifSt NAJ1(%At ILICTIAK 4 1 ME AM OIR 01#11 APPLICAllf 01'4i CDC[. ThIA INCLUDE' 1 r40pir 4111DWila 40 8041ING 01 11IF SIGN PRIMARY ELECTRICAL VIItL%S OTAIR4;5I 11`1011I0 Of U 4M 4JIACTt III I JUIT Ii J.'$ V A t PF! VAhv I LW kiVit '. 101 Ci I,%Ai Cgh IC110% IMER(OF It 7-141 4MONfIgWif V lift WIN[. REMOVE & DISPOSE OF EXISTING ACRYLIC PANELS FABRICATE AND INSTALL TWO ACRYLIC PANELS WITH DIGITAL PRINT GRAPHICS FOR EXISTING PYLON SIGN POLYCARBONATE PANES • 1A, IS -150 WHITE, GRAPHICS PRI14TED TO MATCH PMS COLORS COLOR SCHEDULE VINYL COLORS V 1: PPINTr() TO MATCH REED PMS 1788C TRANS /2' PRINTED TO MATCH BLUE PMS 6WC TRANS V3:3tA OPAQUE BLACK SURVEY REQUIRED PRIOR TO FABRICATION Faster. Better. More. www.�omblo$lg-lco.com EXISTING CONDITIONS SIGN ELEVATION sc,h 1 A7 1-70'. CUSTOMER SPEC'S #210 ADDRESS 4608 NORTH ST. CITY/ STATE NACHOOGIUS,TX75965 DATE 3.25,21 101-01, 4p c s cw) S" SIGN ELEVATION SCALE: 1/2" - I'-U" QUOTE NUMBER QT28613 CONTACT JAMF BARNETT UPDATED CONDITIONS RFVISIGNS R1 3.25,21 CHANGE[ SIGN A - SH R4 DESIGNER STEVE HIGUEROS R2 3.30.21 CHANGED SIGN A DIMS - SH R5 SALES REP COLLIN CANTRELL R3 RG p THIS DRAWING IS Till PROPFRIY OF IIIJUBLISIGN CB. 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