P&Z Agenda Packet 07-12-2021Naco doches
the oldest town in Texas
..
July 12, 2021
Notice is hereby given of a Regular Meeting of the Planning and Zoning Commission to be held on July 12,
2021 at 5:00 p.m., via teleconference or videoconference, with the opportunity to appear in person in the
Council Chambers, Room 119 of City Hall, 202 E. Pilar Street, Nacogdoches, Texas, for the purpose
of considering the following agenda items. All agenda items are subject to action.
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.nacoodoches.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.
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 pollettei@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, July 12, 2021.
For all timely requests received, staff will call the submitted phone numbers directly during the meeting when
the corresponding item comes up for comment. NOTE: The incoming phone call from City staff will be an
unfamiliar number.
PLEASE LIMIT PRESENTATIONS TO THREE MINUTES
(UNLESS PRIOR APPROVAL IS OBTAINED)
1. Call to Order.
2. Pledge of Allegiance.
3. Administer Statement of Officer and Oath of Office for newly appointed Planning & Zoning Commission
members. (City Planner)
4. Open Forum: 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.
City of Nacogdoches Planning Department
202 E. Pilar — PO Box 635030 — Nacogdoches, TX 75963
936-559-2574 a Fax 936-559-2912 a www.nactx.us
Home of Stephen F. Austin State University a www.sfasu.edu
Naco doches
the oldest town in Texas
..
5. CONSENT AGENDA:
All matters listed under the Consent Agenda are considered routine by the Commission and will be
enacted by one motion. These items include final plats where staff has found compliance with all
minimum subdivision regulations. All items approved by Consent are approved with any and all staff
recommendations. Since there will not be separate discussion of these items, citizens wishing to
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 May 10, 2021 Planning & Zoning
Commission meeting.
6. REGULAR AGENDA:
a. Appointment of Chair and Vice Chair.
b. Consideration, discussion, and possible action on items removed from the Consent Agenda by
Commission action.
c. Public Hearing: Consider a Zone Change from R-4, Multi -Family to M, Medical for Lot 12-A,
City Block 40, located at 813 North Mound Street. This request has been submitted by Robin
Miller of Hettie Legg & Associates, LLC. Case File ZON2021-05.
7. Discussion and possible action on future agenda items: A Planning & Zoning Member may inquire about
a subject for which notice has not been given. A statement of specific factual information or the
recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the
subject on an agenda for a subsequent meeting.
8. Adjourn:
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.
City of Nacogdoches Planning Department
202 E. Pilar — PO Box 635030 — Nacogdoches, TX 75963
936-559-2574 a Fax 936-559-2912 a www.nactx.us
Home of Stephen F. Austin State University a www.sfasu.edu
Naco doches
the oldest town in Texas
..
CERTIFICATION
I certify that the above notice was posted on the public notice board at City Hall, 202 East Pilar Street, on
Wednesday, July 7, 2021 at 5:00 p.m. I further certify that the News Media were properly notified of this
meeting as stated above.
Juan Pollette, Planning Technician
I certify that the attached notice and agenda of items to be considered by the Planning & Zoning Commission
was removed by me from the directory outside City Hall on the day of , 2021.
Name: Title:
City of Nacogdoches Planning Department
202 E. Pilar — PO Box 635030 — Nacogdoches, TX 75963
936-559-2574 a Fax 936-559-2912 a www.nactx.us
Home of Stephen F. Austin State University a www.sfasu.edu
MINUTES TO THE
PLANNING AND ZONING COMMISSION
May 10, 2021— 5:00 p.m.
Hybrid Meeting
Members Present: R.J. Bohac, Stephanie Malott, Ken Deppisch and Don Mills
Members Absent: Nancy Day
Staff Present: City Planner, Alaina Chafin; Planning Technician, Juan Pollette; Community Services Asst.
Director, Hanna Andersen; City Engineer, Steve Bartlett; and IT Technician, Justin Bailey
Others Present: Brett Ivy, Linda Sisk, Michael Parker, Joseph & Karen Montes, and Stacy Bryan
1. Call to Order: Chairman Bohac called the meeting to order at 5:11 pm.
2. Pledge of Allegiance.
3. Open Forum: No one spoke during Open Forum.
City Planner Chafin requested item numbers 5e & 5f of the Regular Agenda be moved up behind item
number 5b due to a scheduling conflict.
Chairman Bohac asked for a motion to adjust the agenda items.
Commissioner Mills made a motion to adjust the agenda and Commissioner Deppisch seconded the
motion. The motion was approved unanimously (4-0).
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: April 12, 2021 Regular Session
Commissioner Deppisch made a motion to approve the minutes, with the correction that the
time adjourned be changed from 5:24 to 6:24. Commissioner Malott seconded the motion and
the minutes were approved unanimously (4-0).
5. Regular Agenda:
a. Consideration, discussion, and possible action on items removed from the Consent Agenda by
Commission action.
No items removed.
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.
Community Services Asst. Director Andersen presented the item and recommended approval.
Chairman Bohac opened the hearing to the public.
No comments from the public.
Chairman Bohac closed the public hearing and asked for a motion.
Commissioner Deppisch made a motion to approve the item.
P&Z Minutes Page 1
Commissioner Mills seconded the motion and it passed unanimously (4-0)
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.
City Planner Chafin presented the item and recommended approval.
Chairman Deppisch asked if all of the available lots have been developed.
City Planner Chafin stated yes.
Chairman Bohac called for a motion.
Commissioner Deppisch made a motion to approve the item with the waiver requests as
presented by Staff. Commissioner Mills seconded the motion and the motion was approved
unanimously (4-0).
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 Planner Chafin presented the item and recommended approval.
Chairman Bohac called for a motion.
Commissioner Mills made a motion to approve the Final Plat.
Commissioner Deppisch seconded the motion and the item was approved unanimously (4-0).
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
City Planner Chafin presented the item and recommended approval. City Planner Chafin
stated that Staff received six letters in favor of the Zone Change and none against.
Chairman Bohac opened the hearing to the public.
No comments from the public.
Chairman Bohac closed the public hearing and called for a motion.
Commissioner Deppisch made a motion to approve the item as presented by Staff.
Commissioner Malott seconded the motion and the item was approved unanimously (4-0)
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.
City Planner Chafin presented the item and recommended approval.
City Planner Chafin stated that Staff received two letters in support of the request.
Chairman Bohac opened the hearing to the public.
P&Z Minutes Page 2
No comments from the public.
Chairman Bohac closed the public hearing and called for a motion.
Commissioner Mills made a motion to approve the item as presented by Staff.
Commissioner Malott seconded the motion and the item was approved unanimously (4-0)
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 SVO2021-02.
City Planner Chafin presented the item and recommended denial for not meeting the variance
criteria. City Planner Chafin stated there is a building in front of the property that is partially
blocking the view from North Street that could be considered a hardship but is not a unique
circumstance.
City Planner Chafin stated that the applicant is available for questions and asked if she wanted
to speak.
Ms. Bryan stated that there is a 410 foot setback from the building to North Street, in addition to
the building in front making visibility of the wall sign difficult. Ms. Bryan stated that she could
revise the sign plans to calculate the area of the individual letters.
Commissioner Deppisch asked if the sign was designed to fit within the space available of the
building front.
Ms. Bryan stated yes, that if the size of the sign was reduced it would be hard to see and look
distorted.
Commissioner Mills stated that he believed it is a hardship because when traveling north, it
would be hard to see the sign due to the building in front blocking the view.
Commissioner Deppisch agreed with Commissioner Mills' statement.
Chairman Bohac stated that the sign as presented does not look out of place.
City Planner stated that the sign would be consistent with the current signs in the area.
Commissioner Deppisch stated that given the current ordinance, City Planner Chafin was
correct in her decision for denial and that a revision of the ordinance is needed.
Chairman Bohac asked if there were any more questions for staff and there were none.
Chairman Bohac called for a motion.
Commissioner Deppisch made a motion to approve the item as a hardship for the following
factors; the approval will not be materially detrimental to the property owners in the vicinity;
there are unique circumstances with the large setback, screening form other buildings; and, the
poor signage from the freestanding sign on North Street.
Commissioner Malott seconded the motion and the item was approved unanimously (4-0).
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.
P&Z Minutes Page 3
City Planner Chafin stated that Staff will be conducting interviews for finalist for the
Comprehensive Plan and the Downtown Master Plan and hope to bring a contract to City Council
in June for finalization.
Chairman Bohac asked if once the contract is signed, how long is the Comprehensive Plan
process.
City Planner Chafin stated that the process could take from 12 to 18 months.
Commissioner Deppisch stated he would like to discuss the city's ordinances for allowing the
reversal of zone changes that have already been finalized and possibly bringing this item to a
future agenda.
City Planner Chafin stated that a zone change is considered an ordinance amendment to the
zoning map and an amendment to the zoning map would have to be approved by the governing
body and go through the complete rezoning process again.
Commissioner Malott asked if during the Comprehensive Plan timeline, public engagement would
be conducted before the finalization of the project.
City Planner Chafin stated yes, public engagement is a major part of the Comprehensive Plan to
ensure the community as a whole has input in the future growth and direction of the city.
Commissioner Malott asked once the Comprehensive Plan is finalized, who insures that the plan is
followed.
City Planner Chafin stated the Comprehensive Plan will have an implementation strategy that
provides tools and guidelines on how the plan is implemented. City Planner Chafin stated that a
task force could be created to ensure that the plan is being carried out.
Commissioner Malott asked about the cost of the last Comprehensive Plan and how much of that
plan was implemented.
City Planner stated that she is unsure but would bring it back as an agenda item in the June
Planning & Zoning meeting.
7. Adjourned:
Meeting was adjourned at 6:29.
Chairman, R.J. Bohac
Attest: Juan Pollette, Planning Technician
P&Z Minutes Page 4
Nacoadoches'�
the oldest town in Texas
PRESENTER: Alaina Chafin, AICP, City Planner
Planning and Zoning Commission
Date: July 12, 2021
Agenda Item: 6.c
ITEM/SUBJECT: Public Hearing: Consider a Zone Change from R-4, Multi -Family to M, Medical for
Lot 12-A, City Block 40, located at 813 North Mound Street. This request has been submitted by
Robin Miller of Hettie Legg &Associates, LLC. Case File ZON2021-05
SUMMARY/BACKGROUND: The request is for a zone change from R-4, Multi -Family to M,
Medical for approximately 0.4 acre of land located 813 North Mound Street. The Medical zoning
district is intended to accommodate those business activities associated with, or related to, the
medical profession.
The applicant owns the subject property, which is currently developed as multifamily apartments.
The applicant also owns the lot located immediately to the north at 817 North Mound Street, where
they currently operate a medical office facility. The applicant intends to re -develop the subject
property with additional medical offices as an expansion of their existing facility.
Adjacent Land Use & Zoning
The subject property is zoned R-4, Multi -Family and is currently vacant. The surrounding zoning
and land uses are as follows:
Direction
Comprehensive Plan
Zoning
Land Use
North
Central City Mixed Use
M, Medical
Medical Office & Single
Family
South
Central City Mixed Use
R-4, Multi -Family
Single Family
East
(across N. Mound St.)
Central City Mixed Use
R-4, Multi -Family
Duplex & Multi -Family
West
Central City Mixed Use
R-4, Multi -Family
Single Family
The area includes a mix of zoning, including R-4 Multi Family to the east, west and south, and M,
Medical directly to the north. Surrounding land uses include medical offices, duplex, multi -family,
and single family. The M, Medical zoning is compatible with the zoning in the area and should not
adversely impact the adjacent land uses.
REVIEW CRITERIA: Per Section 118.139 of the Nacogdoches Zoning Ordinance, the following
conditions shall be considered when reviewing an application for zoning change:
Comnatibilitv. The specific use will be compatible with and not iniurious to the use and eniovment
of other nronerty in the immediate vicinitv. nor significantly diminish or impair nronerty values
within the immediate vicinity;
The proposed M, Medical zoning district is consistent with the existing development in the area and
should not adversely impact the adjacent land uses.
Nacoadoches'�
the oldest town in Texas
Planning and Zoning Commission
Date: July 12, 2021
Agenda Item: 6.c
Orderly .growth and development The establishment of the specific use will not impede the
normal and orderly development and improvement of surrounding vacant property;
All of the surrounding properties are 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 North Mound Street, a Major Collector which
functions as primary access for the office and higher density residential uses in the area. The
property has access to public utilities, with 6-inch water main and a 6-inch sewer main located
along North Mound Street. The roadway is adequate to accommodate the nature and volume of
traffic typically generated by the uses permitted under the M, Medical zoning district.
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 affecting the general 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 regulations. While the properties located immediately to the south and the west are
developed as single family residences, they have a zoning designation of R-4, Multi Family. The R-4,
Multi Family zoning district allows for the construction of single family, duplex and multi -family
residences. Zoning Ordinance Sec. 118-429 - Commercial sites with residential adjacency,
requires the installation of a screening wall and landscape buffer along shared property lines where
nonresidential sites are immediately adjacent to residentially zoned properties; which includes
properties with a zoning designation of A, Agriculture, R-,1 Single Family, R-2, Single Family, and, R-
3, Two Family. Zoning Ordinance Sec. 118-269 - Purpose of zoning districts, defines the R-4, Multi -
Family zoning district as a commercial zoning district in determining residential adjacency;
therefore the screening standards outline in Sec. 118-429 - Commercial sites with residential
adjacency, will not apply to any new commercial construction on the subject property.
Lighting. Any lighting to be provided will be directional so as not to disturb or adversely affect
neighboring12roperties:
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 coml2atibilitY with
adjacent property exists or will be provided;
If the zone change request is approved, any new construction would be subject to current
commercial district landscaping requirements.
Nacoadoches'�
the oldest town in Texas
Planning and Zoning Commission
Date: July 12, 2021
Agenda Item: 6.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 property
and the surrounding area as Central City Mixed Use, which is described as the, Central core of the
City, in and around the traditional downtown, where a mix of retail, office, residential and public uses
is permitted and encouraged subject to development and compatibility standards.
The proposed M, Medical zoning district is in line with the land uses described in the Central Mixed
Use Future Land Use designation, and will contribute to the existing mix of office, residential and
public uses in the area.
Notices
Staff mailed six 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
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-4, Multi -Family to M, Medical. This item is scheduled to be heard by City Council on
Tuesday, July 20th.
FINANCIAL:
X There is no financial impact associated with this item
Item is budgeted: (_ - ) In the amount of $
Item is not budgeted (Budget Amendment required; please attach BA ordinance)
Amount: $ GL Account #:
Item is estimated to generate additional revenue: _
CITY CONTACT: Alaina Chafin, AICP, City Planner
chafina@nactx.us
(936) 559-2572
ATTACHMENTS: Location Map
Aerial Map
Zoning Map
Future Land Use Map
Notification Map
Site Photos
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