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HomeMy WebLinkAboutZ-4822 Staff AnalysisMay 5, 1987 Item No. 10 - Z-4822 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Various Owners Terry Jones Sibley Hole Road (At Nash Lane) Rezone from""R-2" to "I-2" Catfish Fishing Pond and Sale of Catfish 11.96 acres Vacant SURROUNDING LAND USE AND ZONING: North - I-30. Right -of -Way, Zoned "R-2" South - Single Family and Church, Zoned "R-2" East - Single Family and Industrial, Zoned "R-2" and "I-2" West Vacant, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The proposal is to develop the property under consideration for a public catfish fishing facility. In addition to the fishing pond, there will be retail sale of catfish. To accomplish this, a rezoning change is necessary along with a conditional use permit, a floodplain variance and a subdivision plat. (Staff recommended "I-2" to the applicant because of the location and the existing zoning.) The property is approximately 12 acres in size and is situated between I-30 and Sibley Hole Road. The land use in the area is mixed and includes residential, commercial and industrial. Some of the land is still vacant and the most recent development or land use change is a church under construction at the southwest corner of Sibley Hole Road and Nash Lane. There are also some new single family units being built to the east, south of Sibley Hole Road. Based on the existing development pattern, it appears that Sibley Hole Road is a line between residential and nonresidential uses. 2. The site is vacant and wooded with a large portion of it located in the Nash Creek Floodway. 3. Sibley Hole Road is classified as a collector so dedication of additional right-of-way will be required. May 5, 1987 Item No. 10 - Continued 4. There have been no adverse comments received from the reviewing agencies as of this writing. 5. There are no legal issues. 6. Staff has received several calls and letters in opposition to the proposed rezoning. There is no documented history on the site. 7. This area is part of the Otter Creek District Plan which does not identify the location for industrial uses. After reviewing the request, staff feels that an "I-2" rezoning is appropriate and suggest that a planned amendment should be initiated if the reclassification is granted. The Otter Creek District Plan shows the area for mixed residential and staff believes that is somewhat unrealistic, especially for the land between I-30 and Sibley Hole Road. North of Sibley Hole Road the land use is more fragmented and the area has been impacted by the existing "I-2" zoning. Maintaining the residential character south of Sibley Hole Road is important and must be taken into consideration when addressing a rezoning change in the neighborhood. If the plan amendment is recAmended as mentioned by the staff, it should only be for the area north of Sibley Hole Road and include some type of open space buffer on the north side of Sibley Hole Road. This should help protect the neighborhood to the south and minimize any potential impacts from future rezonings. With this particular request, staff recommends the south 50 feet be rezoned to 110S." The proposed site plan shows the south 50 feet as a green area so the "OS" zoning is compatible with that. Also, the "OS" will restrict access to Sibley Hole Road and direct it all to the I-30 frontage road which should help the residential neighborhood. This 50 foot "OS" strip is in addition to the floodway area which also needs to be rezoned "OS" and dedicated to the City. The proposed use will still need other approvals to permit it even if this rezoning request is granted. STAFF RECOMMENDATION: Staff recommends approval of 11I-2" except for the designated floodway and a 50 -foot strip adjacent to Sibley Hole Road. The recommended rezoning for those areas is "OS" open space. May 5, 1987 Item No. 10 - Continued PLANNING COMMISSION ACTION: (5-5-87) The applicant, Terry Jones, was present and represented by Peggy O'Neal, an attorney. Donald Crowe, the proposed developer, was also present. There were 12 to 15 objectors in attendance. Ms. O'Neal spoke and described the proposal which she said was very similar to an existing fishing pond development in Dallas. She went on to say that in addition to the fishing ponds, retail sale of catfish was also being planned for the site. This would involve allowing the customer to select a fish from a tank, and then it would be cleaned if the person so desired. Ms. O'Neal said that there would be no processing plant on the site and all the necessary measures would be taken to eliminate odors. She then described a meeting that was held with several of the residents in the neighborhood and indicated that the owners had no objections to the "OS" as recommended by the staff. Terry Jones then described the site work which he said involved just clearing out underbrush. Mike Batie of the Engineering office said that it was reported to him that the land been totally cleared. Jim Lawson of the Planning staff then addressed the plan issue and suggested that the "I-2" request be delayed because there were too many problems or uncertainities associated with the rezoning. There was a long discussion about the plan and other items. Mrs- James Cottey said that she was opposed to -the rezoning bat had no objections to a deferral. Sue Cooper spoke in opposition to the proposed use and deferring the rezoning request. She said that the neighborhood was family oriented and the catfish operation would cause too many problems. She also reminded the Commission of the letters and petitions in opposition to the rezoning. Dale Grady, an attorney, spoke and said he was rep.resnting the Hassells, adjacent property owners. Mr. Grady described the Sibley Hole Road neighborhood and said that the Hassells were opposed to the rezoning request. He asked that the Planning Commission maintain the residential character of the area by not approving the proposed commercial development. Mr. Grady also said that the site work had been started about two weeks ago. Ray Parker then asked why the request was not being heard through one application. There was some discussion concerning this matter. Ms. O'Neal then said that the owners were willing to convert to a PUD and defer the issue. Lem Dreher, a Sibley Hole Road resident, requested the Commission to vote on the 11I-2" rezoning as filed. There were additional comments made by the various parties. A motion was then offered to defer the rezoning request to the May 19, 1987, meeting. The motion was approved by a vote of 10 ayes, 0 noes, and 1 absent. A second motion was made to waive the legal ad requirement and the filing fee for the PUD. The motion passed by a vote of 10 ayes, 0 noes, and 1 absent. (The applicant agreed to renotifying the property owners and posting the sign for a PUD.)