Board debates rezoning request to agricultural-forestry amid neighborhood opposition and looming ETJ legislation

City planning staff and board members discussed a rezoning request for a 24.28-acre property at 3708 Garrison Road on March 18 that would change the parcel from R-2 (single-family) to AF (agricultural-forestry).

Mr. Jordan, Planning Department staff, described the request: the property includes a 14,000-square-foot single-family residence and the applicant seeks AF zoning principally to permit hobby-farm uses such as raising poultry and other animals and to support a “farm-to-table” concept tied to the owner’s restaurant. Jordan said the Planning Commission recommended approval of the AF designation but that there had been substantial opposition at the Planning Commission hearing; earlier plans to use the site for event space were withdrawn after sustained public pushback.

Directors voiced concern about changing zoning inside an established residential area. "I have no idea why we would take a home in the middle of a residential area and turn it into an agriculture and farm property," Director Hynes said, noting how such a change could allow uses (livestock, kennels, riding academies under conditional use) that neighbors oppose. Mr. Jordan noted the area includes other large lots and some AF zoning nearby, and he said AF would allow single-family residences together with accessory agricultural uses.

City Attorney Carpenter advised that a pending civil suit over ownership does not by itself preclude the board from acting: under city ordinance, the property owner may request a zoning change and the board can consider it if there is no objection from a party challenging ownership. Carpenter also cautioned that an active piece of state legislation could remove the city’s extraterritorial-jurisdiction (ETJ) authority; if that bill passes the city’s ability to control uses in some areas outside the municipal boundary could change and could affect how the board wants to act on this and similar requests.

Procedural requests and related items: Director Hans asked that items 14, 17 and 27 be held separate and grouped where appropriate; later staff noted item 18 was to be deferred to April 15. Director Wyatt asked what AF permits, and Jordan read the code’s permitted and conditional uses for AF (single-family residences and accessory agriculture are permitted; agricultural processing, kennels and similar uses are conditional and would require separate review). Several directors said they wanted more time to weigh possible neighborhood impacts, and Mayor Frank Scott Jr. suggested conferring with the property owner about how pending state legislation might affect the outcome.

Why it matters: rezoning changes use allowances and can permit agricultural and commercial activities that neighbors might find intrusive; board action could affect adjacent established subdivisions. The possible change in state law concerning ETJ authority raised the stakes because it may limit the city’s future ability to regulate similar parcels outside city limits.

Next steps: Directors asked staff for additional briefings and recommended holding related agenda items separate for fuller public comment and consideration. No final rezoning vote was recorded during the meeting.