P&Z Agenda Packet 08-09-2021 Nacoadoches'
the oldest town in Texas
August 9, 2021
Notice is hereby given of a Regular Meeting of the Planning and Zoning Commission to be held on August 9,
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.
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.
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, August 9, 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: In addition to public comment on agenda items, the Commission offers an open forum
whereby citizens may comment on governance issues over which the City of Nacogdoches has domain.
In accordance with the Texas Open Meetings Act, members of the Commission shall not discuss,
deliberate, or make any decisions on topics not posted as an agenda item. Speakers should address all
remarks to the Commission and limit your remarks to no more than 3 minutes.
4. CONSENT AGENDA:
All matters listed under the Consent Agenda are considered routine by the Commission and will be
enacted by one motion. These items include final plats where staff has found compliance with all
minimum subdivision regulations. All items approved by Consent are approved with any and all staff
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❑www.sfasu.edu
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Naco ad c e&,#
the oldest town in Texas
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 July 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 Zone Change from B-2, General Business to R-4, Multi-Family for
Lot 3, City Block 56, of the Alvarez Subdivision No.1, located at 3327 Old Lufkin Road. This
request has been submitted by Bryan Omar Rojo. Case File ZON2021-06.
c. Public Hearing: Consider a Zone Change from B-2, General Business to R-2, Single Family for
Lots 8-16 & Lots 19-23, City Block 56, Section One of the Brookhollow Addition. This request
has been submitted by Damon Register of Double D Land Investments, LLC. Case File
ZON2021-07.
d. Public Hearing: Consider a Specific Use Permit for Liquor By the Drink for Lots 30, 49, 49-A &
49-B, and Outlot 47-A, 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 southwest corner of Bremond Street and W. Main Street. This request has been submitted
by Brent Ivy of Ivy Gott Property LLC. Case File SUP2021-03.
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
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❑www.sfasu.edu
Naco oc e&,#
the oldest town in Texas
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, August 4, 2021 at 5:00 p.m. I further certify that the News Media were properly notified of this
meeting as stated above.
Juan Pollette, Planning Technician
I certify that the attached notice and agenda of items to be considered by the Planning &Zoning Commission
was removed by me from the directory outside City Hall on the day of , 2021.
Name: Title:
City of Nacogdoches Planning Department
202 E. Pilar— PO Box 635030— Nacogdoches, TX 75963
936-559-2574 -1 Fax 936-559-2912 ❑www.nactx.us
Home of Stephen F.Austin State University C www.sfasu.edu
MINUTES TO THE
PLANNING AND ZONING COMMISSION
J u ly 12, 2021—5:00 p.m.
Hybrid Meeting
Members Present: Ken Deppisch, Don Mills, Lily Phou, Shannon Conklin, and Ruth Carroll
Members Absent: None
Staff Present: City Planner, Alaina Chafin; Planning Technician, Juan Pollette; and IT Technician, Justin
Bailey
Others Present: Robin & David Miller, Hettie Legg, Brad Maule, Julie Clayton, Debbie Dalton, Georgia
Taylor, Griselda Monreal, Adam Freely, and Ann Kenneth.
1. Call to Order: Commissioner Deppisch called the meeting to order at 5.00 pm.
2. Pledge of Allegiance.
3. Administer Statement of Officer and Oath of Office for newly appointed Planning &Zoning Commission
members. (City Planner)
Commissioner Deppisch stated that the Statement of Officer and the Oath of Office was previously
done at the Planning &Zoning Special Session meeting on July 9, 2021.
4. Open Forum: No one spoke during Open Forum.
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 item 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 my address
the Commission at this time as well. If a 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: May 10, 2021 Regular Session
Commissioner Phou made a motion to approve the minutes. Commissioner Mills seconded
the motion and the minutes were approved unanimously (5-0).
6. Regular Agenda:
a. Appointment of Chair and Vice Chair.
Commissioner Phou nominated Commissioner Deppisch Chair and Commissioner Mills Vice
Chair. Commissioner Conklin seconded the motion and the vote was approved unanimously
(5-0).
b. 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.
City Planner Chafin stated that after speaking with the applicant and considering concerns
from residents in the area regarding the Zone Change, the applicant has formally withdrawn
their Zone Change request from R-4, Multi-Family to MD, Medical. City Planner Chafin stated
that the applicant does intend to submit a Planned Development application instead to
address some of the concerns of the nearby residents.
Chairman Deppisch opened the hearing to the public.
P&Z Minutes Page 1
Debbie Dalton stated she did not understand the R-4, Multi-Family designation and wanted to
know what is distinctive to R-4.
City Planner Chafin explained the designation and characteristics of the R-4 Multi-Family
Zoning District.
Georgia Taylor stated that the City Planner stated she spoke with several people in the
neighborhood and wanted the City Planner to elaborate on what was said.
City Planner Chaffin stated staff spoke with Brad Maule about his concerns of how the zone
change would impact the property values of the neighborhood and the close proximity of the
historical district.
David Miller stated that the main reason for applying for the Zone Change was to help the
community and welcomed any suggestions on how to accommodate the community.
Brad Maule stated he is opposed to the rezoning, citing some of the specific uses permitted
under the Medical zoning district, including retail, restaurants, and a convenience store with
gas pumps.
Mrs. Legg stated that at the time of the zone change application was made she was unaware
that she could do a Planned Development which would limit the uses of the property in the
future. Mrs. Legg stated the need for additional office space in order to help more people in
the community and planned to convert the apartments on the property to medical offices and
re-landscape the site. Mrs. Legg stated that by applying for a Planned Development, she could
address some of the neighbor's concerns.
Chairman Deppisch asked what the vision for the final project is.
Mrs. Legg stated that the final project would include taking the small building and converting it
into therapy offices and a physical therapy gym; joining the two buildings with a covered
walkway and building an outdoor playground for the patients.
Chairman Deppisch stated there was a lot of misinformation on social media about the zoning
process and clarified that City Staff are required to give a recommendation to the Planning &
Zoning Committee based on a several written legal requirements and that it is only a
recommendation. Ultimately, the City Council will make the decision if the zone change is
approved or denied.
Julie Clayton stated she is concerned about the possible future land uses of a Medical zone.
Griselda Monreal stated that she is also concerned about the possible future land uses of a
Medical zone.
Adam Freely stated his legal concerns regarding the withdrawal of the Zone Change request
and reapplying in the future. Mr. Freely also stated his concerns about the amount of
information provided in the the staff report.
Commissioner Mills stated that in the past, instead of changing the zoning, the committee has
approved Specific Use Permits; although in this case, it would not be applicable.
City Planner Chafin stated that when there is not an option for a Specific Use Permit, a
Planned Development District acts as a Specific Use Permit to limit the activities to only what
is requested by the applicant.
Chairman Deppisch stated that if the applicant decides to submit another zone change
request, there will be another public hearing and the opportunity for the community to express
their concerns to the Commission.
P&Z Minutes Page 2
City Planner Chafin stated that Staff would re-notify the public of any new applications.
Anne Keehnen stated that neighborhoods should get together and decide what is best for their
area and make plans to fix those issues before they become a problem to the community.
Chairman Deppisch asked if there were any further comments. There were none.
Chairman Deppisch closed the public hearing and asked for a motion to approve or deny the
request to withdraw the Zone Change request.
Commissioner Carroll made a motion to approve the request to withdraw the Zone Change
request. Commissioner Mills seconded the motion and the request 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 Deppisch stated that he would like to request that there be a worksession of the Planning &
Zoning Commission to educate the community about zoning regulations and issuesin September or
October.
Commissioner Carroll stated that it's a good idea because there are a lot of people in the community that
do not know what the Planning &Zoning Commission does.
8. Adjourned:
Meeting was adjourned at 6.07.
Chairman, Ken Deppisch
Attest: Juan Pollette, Planning Technician
P&Z Minutes Page 3
Planning and Zoning Commission
Date: August 9, 2021
Nacoildoches,
the oldest town in Texas
Agenda Item: S.b
PRESENTER: Alaina Chafin,AICP, City Planner
ITEM/SUBJECT: Public Hearing: Consider a Zone Change from B-2, General Business to R-4,
Multi-Family for Lot 3, City Block S 6, of the Alvarez Subdivision No.1, located at 3327 Old Lufkin
Road.This request has been submitted by Bryan Omar Rojo. Case File ZON2021-06.
SUMMARY/BACKGROUND: The request is for a zone change from B-2, General Business to R-4,
Multi-Family for approximately 0.9 acre of land located 3327 Old Lufkin Road. The R-4, Multi-
Family district is intended for higher density residential areas which may contain a mixture of
single-family,two-family,and multiple-family dwellings. District regulations are designed to protect
residential characteristics of the area and to prevent the overcrowding of land. For the purposes of
this chapter, R-4 is considered a commercial zoning district in locating and mapping this district,
and in determining residential adjacency.
The applicant owns the subject property, which is currently developed as a single family residence
and has served as the applicant's primary residence for the last seven (7) years. This single family
home was constructed in 1970, prior to the adoption of the City's first zoning ordinance and zoning
map. Once the official zoning map was adopted the subject property, and all of the tracts with
frontage on the east side of Old Lufkin Road between the subject property and W. Spradley Street,
were zoned R-4 Multi Family. Then in 198S the subject property, along with the eight (8) tracts
located immediately to the south along the east side of Old Lufkin Road were rezoned to B-2,
General Business.
Single Family is not a permitted land use under the B-2, General Business zoning district, therefore
the zone change to B-2, General Business in 198S rendered the property legal nonconforming. The
legal nonconforming status of the property impacts the appraisal and the ability of the property
owner to refinance the home, as well the ability to expand or renovate the home in the future.
Adjacent Land Use&Zoning
The subject property is zoned B-2, General Business and is currently developed as a single family
residence.The surrounding zoning and land uses are as follows:
Direction Comprehensive Plan Zoning Land Use
North Commercial/Rural B-2,General Business Undeveloped
Development
South Commercial/Rural B-2,General Business Vacant&Undeveloped
Development
East Commercial B-2,General Business Hotel
West Single Family&
Old Lufkin Rural Development R-4, Multi-Family Undevelo ed
(Across p
Rd.)
Planning and Zoning Commission
Date: August 9, 2021
Nacoildoches,
the oldest town in Texas
Agenda Item: 5.b
The area includes a mix of zoning, including B-2, General Business to the north, east and south, and
R-4 Multi Family to the west and farther south along Old Lufkin Road. Surrounding land uses
consist of primarily single family residences and undeveloped tracts along Old Lufkin Road. The
two (2) lots located between the subject property and Old Lufkin Road, being Lots 1 and 2 of the
Alvarez Subdivision,were developed as a gas station and a church between 1985 and 1994, but are
not currently occupied. The R-4, Multi Family 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:
Compatibility. The specific use will be compatible with and not injurious to the use and enjoy
of other property in the immediate vicinity, nor significantly diminish or impair property values
within the immediate vicinityj
The R-4, Multi Family zoning is compatible with the zoning in the area and should not adversely
impact the adjacent land uses.
Orderly growth and development. The establishment of the specific use will not impede the
normal and orderly development and improvement of surrounding vacant propert
The vacant properties to the north and south both have public street and utility access. The
proposed zone change will not impede or directly obstruct the development of surrounding vacant
property.
Supporting Facilities, Adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided:
The subject property takes direct access to Old Lufkin Road, which is designated as an Existing
Major Collector on the City's Thoroughfare Plan, and functions as primary access for the residential
and commercial uses in the area. This section of Old Lufkin Road is generally constructed as a two
lane local street, with 100 feet of right-of-way (ROW), and an open ditch drainage design with 22
feet of pavement width. The proposed zoning from commercial to multi-family would decrease the
overall traffic demand in this area, thereby increasing the traffic and volume capacity of Old Lufkin
Road. Based on the current traffic demand of this roadway being primarily single family, coupled
with the decrease in intensity of the zone change request, Staff finds that the current pavement
width is adequate to serve the design purpose of collecting and distributing traffic from this
residential area to the larger,arterial roadway network.
The property has access to public utilities, with a 6-inch water main and sewer main located along
Old Lufkin Road. Additionally, 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:
The existing driveway meets the City's dimensional and design standards for residential driveways.
Planning and Zoning Commission
Date: August 9, 2021
Nacoildoches,
the oldest town in Texas
Agenda Item: S.b
Nuisances, Adequate nuisance-prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise and vibration;
The proposed zone change is less intense than the current B-2, General Business zoning designation
of the property, and should not create a nuisance to the surrounding properties.
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;
Single family development is not subject to commercial district landscaping requirements.
However, any new multifamily construction on the property would be subject to the City's
commercial district landscaping requirements.
Comprehensive Plan. The proposed use is in accordance with the comprehensive plan.
Future Land Use
Per the 2003 Nacogdoches Comprehensive Plan,the Future Land Use Plan (FLUP) Map designates
the majority of the subject property as Rural Development,and a portion along the eastern
boundary as Commercial.
The Commercial FLUP 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...Also appropriate for
places of worship and other non government facilities where people frequently gather (private
schools,lodges,meeting halls)."This Commercial designation is due to the proximity to South
Street and SW Stallings Drive,which are two of the City's primary commercial corridors.
The Rural Development FLUP 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."This Rural designation is likely due to the proximity to the City Limits,as well as
the low density development of properties along the east side of Old Lufkin Road, and the large
unsubdivided tracts located at the southwest corner of Old Lufkin Road and SW Stallings Drive.
Per the 2003 Comprehensive Plan, the FLUP 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. 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.
The FLUP designation of the majority of the property is not consistent with the current zoning of
the property, as well as the majority of the properties fronting Old Lufkin Road.
Planning and Zoning Commission
acoil oc es, Date: August 9, 2 021
the oldest town in Texas
`-� Agenda Item: 5.b
Thoroughfare Plan
Per the 2003 Nacogdoches Comprehensive Plan,the Thoroughfare Plan designates Old Lufkin Road
as an Existing Major Collector. These streets are generally designed and intended to carry higher
traffic volumes than local/residential streets.
Land Use Policies, Goals&Objectives
This request furthers the Land Use Policies of the 2003 Comprehensive Plan,specifically:
• Compatibility with existing uses should be maintained.Well planned,mixed uses which are
compatible are to be encouraged.
Staff finds that while the FLUP designation of the property is not consistent with the zone change
request,the request is otherwise in compliance with the Comprehensive Plan.
NOTICES:
Staff mailed 11 notices to property owners within the 200 foot notification area. This zoning
application was also subject to the additional noticing practices that were approved by City Council
in January, 2021. These included: a zoning notice sign located on the subject property; notices
published on the City's Planning & Zoning webpage and social media platforms; and, mailed
courtesy notices to property owners within 500 feet of the subject property.
Since the time of this report, Staff has received zero (0) contacts regarding the request.
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-4, Multi-Family.This item is scheduled to be heard by City
Council on Tuesday,August 17th.
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 Chaffin,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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Planning and Zoning Commission
Date: August 9, 2021
Nacoildoches,
the oldest town in Texas
Agenda Item: S.c
PRESENTER: Alaina Chafin,AICP, City Planner
ITEM/SUBJECT: Public Hearing: Consider a Zone Change from B-2, General Business to R-2,
Single Family for Lots 8-16 & Lots 19-23, City Block S6, Section One of the Brookhollow Addition.
This request has been submitted by Damon Register of Double D Land Investments, LLC. Case File
ZON2021-07
SUMMARY/BACKGROUND: The request is for a zone change from B-2, General Business to R-2,
Single Family for approximately 14 contiguous lots located along the east and west side of
Brookhollow Drive. The R-2, Single-Family district is intended to provide for slightly higher density
residential areas. Lots in this area must be 6,000 square feet or larger.
The Section One of the Brookhollow Addition is located at the intersection of Brookhollow Drive
and SE Stallings Drive, and was established as a residential subdivision in 1970, prior to the
adoption of the City's first zoning ordinance and zoning map. Deed restrictions for the subdivision
were then established to limit development of the area to single family residences. Once the official
zoning map was adopted the subject property, and all of the tracts with frontage on Brookhollow
Drive and Ridgewood Drive,were zoned B-2, General Business.
In 1970, when the City of Nacogdoches adopted the first zoning ordinance and zoning map,
properties with frontage along the City's major commercial corridors, including North Street, South
Street, SW Stallings Drive, and this section of SE Stallings Drive were subsequently rezoned by the
City to B-2, General Commercial. The last remaining undeveloped lots in the subdivision include the
subject properties, four (4) lots at the entrance of the subdivision, and the three (3) lots located at
the southern end of Brookhollow Drive. The remaining lots on Brookhollow Drive are developed as
single family residences.
The applicant owns the subject properties, which are currently undeveloped, and intends to
develop the subject properties with single family residences.
Adjacent Land Use&Zoning
The subject properties are zoned B-2, General Business and are currently undeveloped. The
surrounding zoning and land uses are as follows:
Direction Comprehensive Plan Zoning Land Use
North Rural Development& B-2,General Business Single Family
Commercial
South Rural Development B-2,General Business Undeveloped
East Rural Development B-2,General Business Undeveloped
West Rural Development Outside CityLimits Undeveloped&Single
Family
Planning and Zoning Commission
Date: August 9, 2021
Nacoildoches,
the oldest town in Texas
Agenda Item: 5.c
The Brookhollow Addition Section One is zoned B-2 but developed as single family residences.
Property to the east includes a single, large undeveloped tract zoned B-2, General Business, and
property to the west of the subdivision is undeveloped and located outside of the City Limits. The
adjoining Brookhollow Addition Section Two Subdivision located along Ridgewood Drive is also
zoned B-2, General Business and is primarily developed with manufactured homes, with
approximately 40-45% of the lots being undeveloped.
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 vicinityj
The proposed R-2, Single Family zoning district is consistent with the existing development in the
area.The subject property, and all of the remaining lots within the subdivision, consists of lots that
are 0.18 acre (8,240 sq. ft.) in size. The zoning ordinance requires at least 0.13 acres (6,000 sq. ft.)
for each dwelling unit in an R-2, Single Family neighborhood. The construction of single family
residences on these lots 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 large undeveloped tract located to the east has direct access to SE. Stallings Drive, as well as
water and sewer utilities along SE. Stallings Drive and a 6-inch sewer main that runs through the
property. The tract to the west, located outside the City Limits also has direct access to SE Stallings
Drive, and public utilities located along this frontage road. All other undeveloped lots within the
subdivision also have street frontage and access to public utilities.
Supporting Facilities. Adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided:
The subject properties take direct access from Brookhollow Drive, a Local Street which functions as
primary access for the residential uses in the area. Local/residential streets include all other roads
that are not included in higher functional classes, particularly internal and access streets that allow
direct property access within residential areas. The roadway is adequate to accommodate the
nature and volume of traffic typically generated by the uses permitted under the R-2, Single Family
zoning district.
Brookhollow Drive is a two lane local residential street, with 50 feet of right-of-way (ROW),
traditional curb and gutter drainage design, and 28 feet of pavement width. The roadway is
adequate to accommodate the nature and volume of traffic typically generated by the uses
permitted under the R-2, Single Family zoning district.
The property has access to public utilities, with a 6-inch water main and a 6-inch sewer main
located along Brookhollow Drive. Per the FEMA Floodplain Map, there is no floodplain located on
the subject properties.
Planning and Zoning Commission
Date: August 9, 2021
Nacoildoches,
the oldest town in Texas
Agenda Item: S.c
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 driveway and parking design
standards for single family development.
Nuisances. Adequate nuisance-prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise and vibration;
The proposed zone change is less intense than the current B-2, General Business zoning designation
of the property, and should not create a nuisance to the surrounding properties.
Lighting. Anlighting 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, 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;
Single Family construction is not subject to commercial district landscaping requirements.
Comprehensive Plan. The proposed use is in accordance with the comprehensive plan.
Future Land Use
Per the 2003 Nacogdoches Comprehensive Plan,the Future Land Use Plan (FLUP) Map designates
the subject properties as Rural Development.The Rural Development FLUP 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."This Rural designation is likely due to the proximity of the subject properties to
the City Limits, as well as the low density development of properties along Brookhollow Drive,and
the large unsubdivided tracts located to the east,west and south of the subdivision.
Thoroughfare Plan
Brookhollow Drive is a Local/residential street. Local streets are all other roads which are not
included in higher functional classes,and therefore not identified on the Thoroughfare Plan.
Land Use Policies, Goals &Objectives
This rezoning is a response to current needs for housing and therefore fits into the goals 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 extra territorlaljurlsdlctlon.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.
Planning and Zoning Commission
acoil oc es, Date: August 9, 2 021
the oldest town in Texas
`-� Agenda Item: 5.c
• Promote growth where adequate infrastructure exists.
This request also furthers the Land Use Policies of the 2003 Comprehensive Plan,specifically:
• Compatibility with existing uses should be maintained.Well planned,mixed uses which are
compatible are to be encouraged.
Staff finds that while the FLUP designation of the property is not consistent with the current
underlying zoning of the subject property or zone change request, the request is otherwise in
compliance with the Comprehensive Plan.
NOTICES:
Staff mailed 11 notices to property owners within the 200 foot notification area. This zoning
application was also subject to the additional noticing practices that were approved by City Council
in January, 2021. These included: a zoning notice sign located on the subject property; notices
published on the City's Planning & Zoning webpage and social media platforms; and, mailed
courtesy notices to property owners within 500 feet of the subject property.
At the time that this report was written,there was one (1) response received in favor of the request.
The response is from the property owner of the four (4) lots located at the intersection of
Brookhollow Drive and Ridgewood Drive.
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-2, Single Family. This item is scheduled to be heard by
City Council on Tuesday,August 17th.
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 Chaffin,AICP,City Planner
chafina@nactx.us
(936) 559-2572
ATTACHMENTS: Location Map
Aerial Map
Zoning Map
Future Land Use Map
Notification Map
Site Photos
Public Response Letter
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Nacoadoches"'
the oldest town in Texas
Response Form
Project Number: ZON2021-07
Brookhollow Subdivision, Section 1
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 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, pollettej@nactx.us
4 R" "M "M WW "M "R" "M MR" M" RM W"
Project Number: ZON2021-07
Please circle one: LI,---Mfavor of request Ei Opposed to request
Comments:
1 1011 C-3-c7L ISCWL
Signature:
Printt=.d Name- A ri.11
Street Address:
C.2F� �
r-\L
City, State and Zip Code: -7 5
Phone Number- q 2SL t--
Email Address:
Physical Address of Property within 200 Feet: C-F
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
Planning and Zoning Commission
aco do che Date: August 9, 2 0 2 1
N si
the oldest town in Texas
Agenda Item: 5 (d)
PRESENTER: Alaina Chafin,AICP, City Planner
ITEM/SUBJECT: Public Hearing:
Consider a Specific Use Permit for Liquor By the Drink for Lots 30, 49, 49-A&49-13, and Outlot 47-
A, 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 southwest corner of
Bremond Street and W. Main Street. This request has been submitted by Brent Ivy of Ivy Gott
Property LLC. Case File SUP2021-03.
SUMMARY/BACKGROUND:
Background
The request is for a Specific Use Permit (SUP) for Liquor By the Drink. The property is zoned B-2,
General Business and I-1, Light Industrial,and is currently vacant. Per the Zoning Ordinance, should
the location at which liquor by the drink is closer than 300 feet from a single family zoning district,
the owner must first obtain an SUP. The subject property abuts R-1, Single Family to the south,
therefore an SUP is required. The SUP process allows Staff, the Commission, and the City Council
the opportunity to review,and impose conditions if necessary on such development.
The purpose of the SUP is to develop the property into an indoor/outdoor bar and food service
establishment with a family-friendly outdoor recreation area. The applicant is also proposing to
accommodate local food trucks and live entertainment.
Adjacent Land Use&Zoning
v
The subject property is zoned B-2, General Business and I-1, Light Industrial, and is currently
undeveloped.The surrounding zoning and land uses are as follows:
Direction Comprehensive Plan Zoning Land Use
North Single Family I-1,Light Industrial&B- Office&Undeveloped
(across W.Main Residential 2,General Business
St.)
South Single Family Residential I-1,Light Industrial& Vacant&Industrial
R-1,Single Family
East Rural Development I-1,Light Industrial Industrial
(across Bremond St.)
West Single Family Residential B-2,General Business Single Family&Undeveloped
The area consists of a mix of zoning districts and land uses,including commercial and industrial
development,and a number of legal nonconforming single family residences located along W. Main
Street that are also zoned B-2, General Business and I-1,Light Industrial.The property located
Planning and Zoning Commission
aco do che Date: August 9, 2 0 2 1
N si
the oldest town in Texas
Agenda Item: 5 (d)
immediately to the south is vacant,but was previously developed as an industrial use,taking access
from Bremond Street.
REVIEW CRITERIA:
Per Section 118.173 of the Zoning Ordinance, a Specific Use Permit may be approved if all of the
following conditions have been found:
Compatibility. The specific use will be compatible with and not injurious to the use and enjoyment
of other property in the immediate vicinity, nor significantly diminish or impair property values
within the immediate vicinity:
The applicant intends to develop the property as an indoor/outdoor bar and food service
establishment with a family-friendly outdoor recreation area. The bar and food service area will be
approximately 1,500 sq. ft., with 2,500 sq. ft. of outdoor covered seating area. There will also be a
small stage for live music on the southeast corner of the building,located away from the residential
areas to the south and west. The outdoor recreation area will be approximately 2,000 square feet
and will include games such as corn hole, washers, darts, bocce ball, etc. The applicant is also
proposing to accommodate local food trucks on the property.The proposed operating hours for this
establishment are between 11:00AM and 10:OOPM.
Common nuisances associated with these types of uses include light and noise that could be
generated by the live entertainment and outdoor activities. These nuisances may have a greater
impact when they are located in close proximity to residential areas. Property located immediately
to the west of the subject property is currently developed as a single family residence, as well as
properties located farther south along Weaver Street.
The applicant is proposing to mitigate any adverse impacts from the proposed outdoor activities by
preserving the existing large trees and vegetated area located along the southern and western
boundaries of the property as a natural buffer. This natural buffer will range from 30 to 70 feet in
width, and should provide a more effective barrier than would be required by the screening
standards found in Zoning Ordinance Sec, 118-429. - Commercial sites with residential
adjacency,which requires the installation of a screening fence and 10-foot landscape buffer
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 properties located immediately to the south include both developed and vacant industrial sites
(a portion of which is zoned R-1, Single Family) taking direct access to Bremond Street. Property to
the west is zoned B-2, General Business, but is developed as a single family residence. The SUP
should not impede the normal and orderly development of surrounding vacant property.
Supporting Facilities, Adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided;
The subject property fronts onto W. Main Street and takes direct access from Bremond Street. W.
Main Street is designated as an Existing Major Arterial on the City's Thoroughfare Plan, and
functions as the primary access for the residential and commercial uses in the area. This section of
W. Main Street is constructed as a four lane arterial street,with a right-of-way(ROW) ranging from
Planning and Zoning Commission
aco do che Date: August 9, 2 0 2 1
N si
the oldest town in Texas
Agenda Item: 5 (d)
65-75 feet, curb and gutter drainage design and 45 feet of pavement width. The roadway is
adequate to accommodate the nature and volume of traffic typically generated by the proposed use.
Bremond Street is a Local Street which functions as primary access for the commercial uses in the
area. Bremond Street is a two lane curbed street with 60 feet of ROW and 27 feet of pavement
width.
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. Additionally,
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 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:
The applicant is utilizing the existing driveway and parking lot along Bremond Street. All of the
proposed driveways and parking areas comply with 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 applicant is proposing to mitigate any nuisances from light and noise that might generated by
the development by preserving the existing large trees and vegetated area located along the
southern and western boundary of the property as a natural buffer. The size of this natural buffer
will range from 30 to 70 feet in width. The proposed stage for live music is also proposed to be
located on the southeast corner of the building, away from the residential areas to the south and
west.
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 is permitted.
Landscaping. Sufficient landscaping and screening to ensure harmony and compatibility with
adjacent property exists or will be provided-
This development will be subject to Zoning Ordinance Sec, 118-430. - Commercial district
landscaping, which requires the installation trees to be planted along the street frontage. This
development will also be subject to Sec, 118-429. - Commercial sites with residential adjacency,
which requires the installation of a screening fence and 10-foot landscape buffer along shared
property lines where nonresidential sites are immediately adjacent to residentially zoned
properties; this standard would only apply to the portion of the southern property boundary
abutting R-1,Single Family zoning districts.
The property has a large vegetated area with several large mature trees located along the southern
and western boundary lines of the property. In lieu of the fencing and 10-foot landscape buffer
Planning and Zoning Commission
aco do che Date: August 9, 2 0 2 1
N si
the oldest town in Texas
Agenda Item: 5 (d)
reference above,the applicant is proposing to preserve this vegetated area as a natural buffer. This
natural buffer will range from 30 to 70 feet in width, and should provide a more effective barrier
than would be required by the screening standards found in Zoning Ordinance Sec. 118-429. -
Commercial sites with residential adjacency.
Comprehensive Plan. The proposed use is in accordance with the comprehensive plan.
Future Land Use
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 as 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. The Single Family Residential Future Land Use category is described as,
"Conventional one-family detached dwellings (also includes duplexes)."
The Future Land Use designation is not consistent with the current zoning of the property, as well
as the majority of the properties fronting W. Main Street, which are zoned and developed with
commercial uses. Approval of the SUP will not change the land uses permitted by the current
underlying zoning district.
Thoroughfare Plan
Bremond Street is a Local street. Local streets are all other roads which are not included in higher
functional classes,and therefore not identified on the Thoroughfare Plan.
Land Use Policies, Goals&Objectives
This request furthers the Land Use Policies of the 2003 Comprehensive Plan,specifically:
• Potential negative land use impacts (noise,odor,pollution,excessive light,traffic,etc.)
should be considered and minimized.
• Compatibility with existing uses should be maintained.Well planned,mixed uses which are
compatible are to be encouraged.
• Residential and commercial areas may be adjacent if separated by a buffer.
Staff finds that while the FLUP designation of the majority of the property is not consistent with the
current zoning of the property, the request is otherwise in compliance with the Comprehensive
Plan.
NOTICES:
Staff mailed 11 notices to property owners within the 200 foot notification area. This zoning
application was also subject to the additional noticing practices that were approved by City Council
in January, 2021. These included: a zoning notice sign located on the subject property; notices
Planning and Zoning Commission
aco do che s Date:August 9, 2 0 2 1
the oldest town in Texas
Agenda Item: 5 (d)
published on the City's Planning & Zoning webpage and social media platforms; and, mailed
courtesy notices to property owners within 500 feet of the subject property.
At the time that this report was written, there were two (2) responses received in favor of the
request. These responses are from the property owner who resides at 715 W. Main, located
immediately to the west of the subject property, and the property owner of the two vacant lots
located on the north side of W. Main Street,immediately across from the subject property.
Staff Recommendation
Based on the above findings, Staff recommends approval of the Specific Use Permit. This item is
scheduled to be heard by City Council on Tuesday,August 17th.
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 Chaffin,AICP, City Planner
chafina@nactx.us
936-559-2572
ATTACHMENTS: Location Map
Aerial Map
Zoning Map
Future Land Use Map
Notification Map
SUP Site Plan Exhibit
Site Photos
Public Response Letters
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Nacoadoches
the oldest town an Texas
Response Form
Project Number: SUP2021-03
SW Corner of Bremond &W. Main St.
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 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
Ms '"" '"", R" "" "" "M P.M. W "M "M MR �.e �e � •tee !� � � � �
Project Number: SUP2021-03
Please circle one: 5/in favor of request o Opposed to request
Comments:
.000 no eAmm�► ��
Signature: (�
Printed Name: �ve".i
Street Address: Ls S. 4%ob,7;4;t 5)
City, State and Zip Code: 01004wJ
Phone Number: ,aG'S4!�c-f- 5-711
Email Address: �'t/t!/xll�ry l���/�•f.'�n.G/�n
Physical Address of Property within 200 Feet: �)iod
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
Nacoadoches'*-
the, oldest town in Texas
Response Form
Project Number: SUP2021-03
SW Corner of Bremond & W. Main St.
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 to:
City of Nacogdoches Planning & Zoning Department
Attn: Juan Pollette
PO Drawer 61350130
Nacogdoches, TX 75963
You may also email a copy to Juan Pollette, polleftei@nactx.us
Project Number: SUP2021-03--...
Please circle one. o In favor of request i:: Opposed to request
Comments:
Signature:
Printed Name:
Street Address:
City, State and Zip Code.
Phone Number-
Email Address:
Physical Address of Property within 200 Feet- Zz
z'
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