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HomeMy WebLinkAboutZ-4822-C Staff AnalysisNAME: Catfish Park "Long -form" PCD (Z -4822-C) LOCATION: Sibley Hole Road at Nash Lane APPLICANT: Terry Jones REQUEST: PCD approval for use of an I-2 site as a catfish fishing pond and sale of catfish/ OS zoning for a 50' strip adjacent to Sibley Hole Road and the floodway. STAFF RECOMMENDATION: Approval, subject to limiting access to Sibley Hole Road; construction of a 6' privacy fence and buffering; providing information regarding hours of operation and dressing or cleaning of fish on-site and compliance with Engineering. Staff originally recommended approval of "I-2" except for the designated floodway and a 50' strip adjacent to Sibley Hole Road. The zoning recommended for those areas is "OS" Open Space. PLANNING COMMISSION ACTION: The applicant amended the rezoning request to PCD and OS/Open Space for the floodway with a conditional use permit for the one acre tract to the east. A two -lot subdivision for this property was also considered at this Public Hearing. There were three persons owning businesses in the area that supported the proposal. Several persons from the neighborhood objected due to fears that their property would be devalued. The Hassle family, whose property abuts this proposal, was represented by Attorney Dale Grady. The Commission voted 7-4-0 to approve the PCD with conditions as stated in the minute record. Owner: Various Owners Applicant: Terry Jones Location: Sibley Hole Road ( At Nash Lane) Request: Rezone from "R-2" to "I-2" Purpose: Catfish Fishing Pond and Sale of Catfish Size: 11.96 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - 3--3,0 Rig -t -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: to 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. Z-4822 -- 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 91I-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 a;nendment is recommended 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 "OS." 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. Z-4822 -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 sald 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 but 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 represnting 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 FUD 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.) Z-4822 - Continued PLANNING COMMISSION ACTION: (5-19-87) The applicant was represented by Attorney Peggy O'Neal. There were a number of objectors in attendance. Ms. O'Neal addressed the Commission and amended the 11I-2" rezoning request to "PCD" and "OS" Open Space for the floodway with a conditional use permit for the one acre tract to the east. (See the minute record for Z -4822-B, May 19, 1987, for complete record and the vote.) Several persons spoke in favor of the proposal, Mr. Tommy Taylor, owner of tractor sales company that abuts this property on the west, felt that the proposal would improve the area if done properly, especially since the existing state of the site was described as being "trashy." Mr. Tim Costin thought that this was a good idea for elderly persons and tourists. Mr. 'Crow was also favorable to the community. Mr. Dale Grady, an Attorney for the Hassle family, offered objections and submitted a petition. He first objected to the notice and then asked that the Commission not allow the applicants to devastate the neighborhood by negatively impacting property values. He felt that the tactics of the Developer bordered on the unethical, since he was risking thousands of dollars and the life savings of the out-of-state investors if this'was not approved and devastating a neighborhood if it was approved. It was pointed out that the persons speaking in favor of the proposed project were not owners of single family homes in the area. Mrs. Susie Cooper of 313 Sibley Hole Road felt that the project would reduce property values in a "working-class, family oriented" community, whose greatest asset is their home. She felt that it was unfair for business speculators from the outside to consolidate with businesses in the area in favor of this project. Ms. Dreher of 219 Sibley Hole Road stated similar objections. Attorney O'Neal addressed questions from the Commission and concerns of the residents. She stated that if the planned method of waste removal did not work, a refrigerator would be used to store waste and it may not be hauled off as frequently. She explained that she did send notices to property owners. Z-4822 - Continued After discussion by the Commission, a motion was made for approval, subject to: (1) hours of operation 6 a.m. to 10 p.m.■ (2) shielded lighting no more than 2' in height, (3) replanting of 50' buffer or a fence according to staff specifications, (4) paving of drive and parking to commercial standards with no curb and gutter - 24' width, (5) dedication of floodway, (6) rezoning of flood way to "OS", (7) the sale of no more than 200 pounds of fish a day, (8) all cleaning of fish inside metal building with daily disposal or refrigerated method as requested by Ms. O'Neal, (9) no alcoholic beverages, (10) no Sibley Hole access, (11) fish moved live, (12) shading structures if necessary (will show on revised site plan), and (13) drain lakes if applicant goes out of business. The motion passed by a vote of 7 ayes, 4 noes, and 0 absent.