Minutes-Approved 4-4-2023CITY OF NEDERLAND
PLANNING AND ZONING COMMISSION
MINUTES
5:00 p.m. April 4, 2023
1. MEETING
The meeting was held Tuesday, April 4, 2023, at the City of Nederland D. Bob
Henson Office Building, 1903 Atlanta Avenue, Nederland, Texas and was called to
order at 5:00 p.m. by Chairman Scott Watjus.
MEMBERS PRESENT: Scott Watjus, Mark Byars, Alex Rupp, and Lance Howell
MEMBERS ABSENT: Dylan Fairley
CITY STAFF PRESENT: George Wheeler, Chief Building Official and Beth
Merren, Inspections Department Secretary
OTHERS PRESENT: Connie Benoit and Susan Toney
2. APPROVAL OF MINUTES
A motion was made by Alex Rupp and seconded by Mark Byars to approve the
minutes of the February 7, 2023 meeting. All voted aye.
3. REZONE
Discussion on a request to consider the rezoning of property located at 2120 Helena
Avenue described as Lot 1, Block 2, and Cottage Groves Addition from zoning
classification C-2 Neighborhood Retail Commercial to R-3 Medium Density
Residential for the construction of apartments. The requesting applicant was not
present to speak on behalf of his request. Two citizens were in attendance. The
commission gave the attendees the floor to speak. The attendees voiced their opinion
stating the City of Nederland currently has a sufficient amount of existing apartments
and asked the commission to deny the request. It was explained that State law gives
the right to municipalities to adopted zoning ordinances within certain legal
parameters of the State. One parameter must give the right to any property owner to
request a zoning change of their property. The City Zoning Ordinance is made up of
two Items, the adopted City-wide zoning map and the adopted regulations spelled out
in the ordinance text, including what uses are allowed in each zoning district. For a
zoning change request, the ordinance requires notification be given to property
owners within 200ft and notice to the general public. The notice gives citizens the
PLANNING AND ZONING COMMISSION
April 4, 2023
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ability to speak in favor or against such request. It was explained that the zoning
ordinance does not list medium density uses as allowed in C-2 Commercial zoning
districts. By ordinance, apartment development is allowed in R-3, medium density
residential. The City zoning ordinance was approved to give the City the ability to
hear all requests for a zoning change from commercial to medium density residential.
Our commercial zoning districts are intended for commercial development. The
commission discussed whether apartment development would be the highest and best
use in this commercially zoned area or whether the current commercial zoning district
is putting an undue hardship for development within the allowed uses of the
commercial zoning district. If not, then the current zoning plan of the City for this
area must remain as it is currently zoned. The commission appreciated the citizens
participation and coming to speak their opinion and it will be taken into
consideration. After a full discussion a motion was made by Alex Rupp and seconded
by Lance Howell to recommend to City Council to deny the rezone request. All
voted aye.
4. COMMUNICATION
None.
5. ADJOURN
There being no other business a motion was made by Alex Rupp and seconded by
Mark Byars to adjourn the meeting at 5:15 p.m. All voted aye.
A
Scott Watjus, Chairm