HomeMy WebLinkAboutMinutes Planning Commission - 03/31/2010 RECEIVED
MINUTES
REGULAR PLANNING COMMISSION MEETING JUL 1 5 p010
City Council Chambers-City Hall -
1201 Leopard Street
March 31,2010 CRY SECRETARY'S OFFICE
5:30 P.M.
COMMISSIONERS: STAFF:
Rudy Garza,Chairman Miguel S. Saldafia,AICP, Senior City Planner
A. Javier Huerta,Vice_Chairman* Faryce Goode Macon, Assistant Director of
*Arrived 5:41 Development Services/Planning
James Skrobarezyk Lisa Wargo, Senior City Planner
John C.Tamez Jay Reining, First Assistant City Attorney
Johnny R. Martinez Lisa Aguilar,City Attorney
Evon J. Kelly Elizabeth Johnson,Recording Secretary
Govind Nadkarni Mark Adame
John Taylor
Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espmiol a ingles en la
junta para ayudarle
L CALL TO ORDER
A quorum was declared and the meeting was called to order at 5:31 p.m.
Il. APPROVAL OF MINUTES—March 17,2010
Motion for approval with corrections of the minutes from the March 31,2010, regular Planning
Commission Meeting,with a revision to page 6 as per Commissioner Tamez stated that, "Staff be more
aggressive in finding ways to encourage innovative development" Commissioner Nadkarni stated on
page 3, paragraph 2,asked what 3+family meant. In response to Commissioner Nadkarni, Farcye Goode
Macon, Development Services,stated it means a multi-family development. Commissioner Taylor stated
on page 6 under Long Term Goals:,to delete the sentence saying"Commissioner Taylor left meeting
during discussion",because he was there during that discussion. Motion to approve with corrections was
made by Commissioner Martinez and seconded by Commissioner Nadkarni. Motion passed
unanimously.
III. PUBLIC HEARING AGENDA ITEMS
A. PLATS
Mr. Miguel Saldana, Development Services,read Continued Plat item "a"and "b" (shown below) into the
record. Staff recommends approval of Plat"a"
Continued Plats
a. 0310009-P001 (10-22000001)
Ever Green Estates Unit I (Final - 8.087 Acres)
Located west of Greenwood Drive and north of Saratoga Boulevard(SH
357).
SCANNED
Planning Commission Minutes
March 31,2010
Page 2
Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed.
Motion to approve continuance of Plat"a"was made by Commissioner Tamez and seconded by
Commissioner Taylor. Motion passed unanimously.
Mr. Miguel Saldana, Development Services,read Continued Plat item"b"(shown below)into the record.
Applicant is requesting a continuance to next regular Planning Commission Meeting on April 14, 2010.
b. 0310010-NP009(10-20000001)
Bridaepointe Landing, Block I, Lot 6(Preliminary- 11.515 Acres)
Located south of South Padre Island Drive(SH 358)and east of
Lexington Road.
Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed.
Motion to approve continuance of Plat"b"was made by Commissioner Nadkarni and seconded by
Commissioner Martinez. Motion passed unanimously.
Mr. Miguel Saldana, Development Services,read New Plat items"a"and"h"(shown below) into the
record. There was a change in item"a"that the applicant has satisfied the Park fee requirements and staff
recommends approval for both items"a"and"b".
2. New Plats
a. 0310012-P002(10-22000002)
Flour Bluff Estates No. 2, Block I, Lots 5A & 513 (Final Replat-0.3444
Acre)
Located west of Military Drive between Matlock Street and Jester Street.
b. 0310015-NPOI1 (10-21000004)
Oso River Estates, Block 4, Lot 1 (Final- 18.951 Acres) _.
Located south of South Padre Island Drive(SH 358)between Lexington
Road and Paul Jones Avenue.
Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed.
Motion to approve New Plats items"a"and "b"was made by Commissioner Martinez and seconded by
Commissioner Taylor. Motion passed unanimously.
Mr. Miguel Saldana,Development Services,read Time Extension Plats items"a"and"h"(shown below)
into the record. The applicants requested a 6 months extension for both plats. Staff recommends
approval of the time extension request for both items"a"and "h".
3. Time Extension
a. 0907125-NP080
_Lokev Subdivision Unit 2(Final -9.4 Acres)
Located south of Holly Road, north of Nodding Pines Drive and west of
Airline Road.
Planning Commission Minutes
March 31,2010
Page 3
b. 0908085-NP067
Furman Addition, Block L Lot 1 (Final Replat-2.952 Acres)
Located north of Furman Avenue,between South Carancahua Street and
South Water Street.
Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed.
Motion to approve the time extension request for Plats items, "a"and"b"was made by Commissioner
Nadkarni and seconded by Commissioner Skrobarczyk. Motion passed unanimously.
B. ZONING(change to new Case No.0310-05 John Carlisle)
1. New Zoning
a. Case No. 0310-05: John Carlisle— A change of zoning from the "B-3"
Business District to the"1-2" Light Industrial District
rte,.-_,.-
.969-acre property located in Laguna Business Center, Block 134, Lot I,
generally located at the northwest corner of the intersection of First
National Boulevard and Compton Road,at 1217 First National
Boulevard.
Ms. Lisa Wargo, Development Services, presented the above stated case via Powerpoint. Ms. Wargo
stated the applicant is John Carlisle. The applicant is requesting to rezone a .969-acre property located in
Laguana Bussiness Center, Block B4, Lot I from the "B-3" Business District to the "l-2" Light Industrial
District to allow for an outdoor dog exercise area for an existing Pet Resort Business.
The aerie) map shows the subject property which is generally located at the northwest corner of the
intersection of First National Boulevard and Compton Road, at 1217 First National Boulevard.
The zoning map shows the subject property is zoned "8-3"Business District and the surrounding zoning
Districts are"13-3" to the northeast and west,and "8-3"and Residential Estate to the south. The site
existing land use map shows the Commercial Business use on the subject properties and the surrounding
existing land uses which are commercial to the north,Public/Semi-Public to the east, vacant to the south,
and commercial to the west.
The"B-3" Business District allows for commercial and miscellaneous service usage, boat and vehicle
storage,mini-storage, bowling alleys,and billiard halls,major and minor auto repairs,etc. The"1-2"
Light Industrial District provides for light manufacturing, fabricating,warehousing,and wholesale
distributing,and allows for outdoor dog runs.
The future land use map shows the subject property is being planned for commercial use as well as to the
north and west of the property,the property to the east is planned for Public/Semi-Public use and the
property to the south is planned for estate residential uses The AICUZ map shows the subject property
located within an Accident Potential Zone 2.
For Department Comments: The requested"1-2" Light-Industrial Zoning District is not compatible
with the Future Land Use Map commercial use designation, but it is compatible with the Naval Joint
Land Use Study and the intent of the Flour Bluff ADP which promotes and supports commercial and
industrial uses under an APZ#2 zone. The proposed use is not typically associated with the
congregation of large crowds and does not further promote residential uses under a Navy designated
Accident Potential Zone 1 or 2.
Planning Commission Minutes
March 31,2010
Page 4
Staff recommends approval of the applicant's request to rezone the property to the"1-2"Light Industrial
District. 18 notices were mailed out within the 200 ft. property radius,4 outside the radius. Four were
returned in favor, I in opposition and I was returned undeliverable. The property is platted and there
have been no CE violations reported onsite.
Chairman Garza asked if there were any questions for staff on this particular case.
Commissioner Skrobarczyk stated, "Compton is now being plan to be upgraded to go to the other side of
Flour Bluff Drive which means Compton would be a major relief for traffic along Padre Island Drive.
That whole area appears to be commercial in scope other than the semi-public area. That whole divided
little Boulevard in front of the bank is going to be the major retail area of rebuilding Flour Bluff and I just
can't believe we would consider putting an"1-2"there. I can possibly see a Special Permit for a
particular use with significant screening of that, but that whole area is commercial,which I think is a
proper plan for that area."
In response to Commissioner Skrobarczyk, Lisa Wargo, Development Services,stated,"The Area
Development Plan and the Joint Land Use Study promote, industrial and commercial uses in that area.
In response to Commissioner Skrobarczyk, Farcye Goode Macon, Development Services, stated our
report is based on the property being located within the APZ 2 zone, but the Commission can alter the
recommendation.
Commissioner Skrobarczyk, stated"That's why I wanted to hear that input on that joint new study,but
there is a difference between commercial and industrial,and we're asking for"1-2". In this particular
block from Waldron, both sides of Waldron over to that residential area on Stone,that whole area is
significant retail and on the other side, both sides of the Bluff are going to be significant retail. Do you
know if the staying Commercial there negatively impacts the Navy? I know the residential is what their
primarily concerned about"
In response to Commissioner Skrobarczyk,Farcye Goode Macon,Development Services,stated the
subject property zone is already zoned commercial and it doesn't allow for residential use. With the
spectrum of having another layer of conditions, which is an APZ 2, it can take you from that non-
residential commercial all the way to industrial.
Lisa Wargo, Development Services, stated that the Navy is also concerned with limiting the heights and
areas of a large congregation.
Commissioner Skrobarczyk stated,"I would suspect you have inure room to go up than you do in
commercial,but letting them have the facility they would like to have under a Special Permit,and I'm not
holding a favor in a Special Permit,but I think in this case 1 don't really want to see"1-2"on Compton
Road.'
In response to Commissioner Taylor's question, Lisa Wargo, Development Services, stated there was I in
opposition of this request. It is listed as 44 property shown on the map and there were no comments made
by the opponent.
Farce Goode Macon, Development Services, stated the mail out sheet has to be produced for the case
prior to the agenda mail-out and we accept comments up to the meeting.
Commissioner Taylor asked if noise would be a consideration for opposition.
•
Planning Commission Minutes
March 31,2010
Page 5
In response to Commissioner Taylor,Lisa Wargo, Development Services,stated"We considered the
hours and they are not unreasonable. The latest they are open till is 7 PM. Across the street is a Post
Office and to the south across from Compton is vacant,which was in favor."
Commissioner Martinez proposed consideration of a Special Permit on this property with the owner.
Lisa Wargo, Development Services, in response to Commissioner stated"No it has not been brought up,
it needs to be suggested by the Commissioners."
Farcye Goode Macon, Development Services,stated"We have to tell them to apply for a change in
Zoning,they can not apply for a Special Permit. "The applicants would like to get the request they are
asking for because the Special Permit has conditions, but it is the decision of this Commission to develop
some conditions and that is the only means to go to City Council. Then Council will have 3 different
decisions to make which is denial,approval, or the approval of a Special Permit.'"
Commissioner Nadkarni,asked if the owner has to request a Special Permit or can the Commission
initiate the request.
In response to Commissioner Nadkarni, Farcye Goode Macon, Development Services, stated "The
Commission can recommend a Special Permit with conditions attached if desired."
Commissioner Nadkarni stated,"Instead of coming up with certain limitations,can staff go back and set
up guidelines so Commission is able to do this?"
Farce Goode Macon, Development Services,stated"The applicant is on a timeline and I don't know if
you want additional screening that is going to be around existing commercial. There is not going to being
any landscaping because the facility is already built. They're just asking to build a dog run, unless your
asking for hours of operation of the dog run"
Farcye Goode Macon, Development Services further stated you can have the Special Permit say,denial of
"1-2 " and in lieu of retaining the existing"13-3"zoning, plus allow for the additional "1-2" use,which is
a dog exercise area.
Chairman Garza asked if anyone else had questions for staff. There was not response to his question.
Chairman Garza requested to open public hearing.
Public hearing was opened.
Heather Tarnoski and sister Destiny Tamoski came forward and stated they are the owners of Bruno's
Bath House, and their address is 1217 First National Boulevard in Flour Bluff.
Heather Tarnoski stated they are a high end Pet Resort and wanted to reword"The dog run"then to mean
"outside fence area" for a playground for dogs. As far as noise goes,they said the residential estate areas
is a vacant lot right now,and the City did require the to put up a 6 ft sound proof wall when they did their
landscaping permit, which they did. Additionally,they stated that they have been open for 3 years and
built it based on the idea that they wanted an amazing and clean business.
Destiny Tarnoski stated"It's not a typical kennel;they have the dogs on a daily schedule. All the dogs
are usually inside and go outside for playtime with a trainer. They are never outside by themselves. It's
very clean and supervised."
Planning Commission Minutes
March 31,2010
Page 6
Commissioner Skrobarcyk, stated"If we up zone or down zone to"1-2"you may decide to sell your
facility later and that would be a downfall for that area in the future"
Heather Tarnoski stated "We understand that and we preferred to stay with"B-3 rather than change to"I-
2, but when we requested for the outside fenced in area for dogs to play,they said rezoning was our only
option."
Commissioner Skrobarcyk,stated "at this point we can propose a Special Permit with as few restrictions
as possible to meet your needs.
In response to Commissioner Martinez's question, Heather Tarnoski stated they are a Hotel for dogs.
They also offer dog grooming and bathing,and dog daycare.They average about 30 dogs daily.
Sometimes they have dogs stay overnight in their own room like a private suite,but the pets are never left
outside by themselves. They also have room service and massages. The sooner we can get a Special
Permit, the better it would be for our facility and would be very appreciated.
Commissioner Kelly stated she is ready to make motion.
Commissioner Huerta asked"How many dogs at a time are brought outside for playtime and what are the
hours of operation?"
In response to Commissioner Huerta's question, Heather Tamoski,stated"They are divided into two
groups, 12-15 dogs outside and 12-15 dogs inside. The hours are from 7 AM to 7 PM, but are outside till
about 6:30 or 6:45 because then they are brought inside for nap time. Also,there has been no complaints
since they have been open."
Chairman Garza asked if there were any more questions on this dicussion.No questions were asked.
Public hearing was closed.
Commissioner Kelly motioned to move that in lieu of approval of "1-2"zoning,that the"B-3"zoning
along with all applicable uses for the district remain in place, along with a recommendation for a Special
Permit to allow for the construction of a dog exercise area onsite. Commissioner Taylor seconded that.
Motion passed unanimously.
IV. DIRECTOR'S REPORT
A. ABSENCES
Commissioner Skrobarczyk—March 17,2010
Commissioner Skrobarczyk stated he had no excuse, it was his Birthday. Commissioner Tamez motioned
to approve excused absence. Chairman Garza seconded that. Motion passed unanimously.
B. FUTURE PLANNING COMMISSION SCHEDULED MEETINGS
Mrs. Goode-Macon stated the following were regularly scheduled Planning Commission Meetings.
April 14,2010
t. Case No,0410-01 Mitchell Vicha& Courtney Urban Vicha
2. Case No.0410-02 Raju Bhagat
Planning Commission Minutes
March 31,2010
Page 7
• April 28,2010
1. Case No.0410-03 Champion Technologies,Inc.
C. CITY COUNCIL ACTION
Mrs. Goode-Macon stated the following cases were scheduled for City Council action.
• April 13,2010
1. Case No. 0310-01 Mostafa Bighamian and Mortem Shfinuiy
2. Case No. 0310-03 Ron Peck
3. Case No. 0309-01 Judith Sisson
Faryce Goode-Macon, Development Services, stated "On the Judith Sisson case, the Planning
Commission is not going to hear it because they heard it in 2009. Mrs. Sisson is not coming in
compliance with any of her conditions on the Special Permit that was requested last year on April 13,
2009 and this is her third time requesting an extension of a Special Permit that expires April 14, 2010.
City Council does not have to extend the Special Permit if they do not wish to."
Chairman Taylor asked if we needed to show any requests for special conditions on the Judith Sisson's
case.
Farcye Goode Macon, Development Services, stated the special conditions would be to allow that the dog
run facility use in which the motion was made. Everything else they would have to do on the property
would be to follow the building code and what the zoning ordinance requires,but because they are next to
business zone, it's not going to be the same as residential.
• May 11,2010
1. Case No.0310-05 John Carlisle
D. PUBLIC COMMENTS
No one came forward with public comment.
E. ITEMS 7'O BE PLACED ON NEXT AGENDA
Commissioner Taylor wanted to know where we stand on the long term goals for the park fees and
asked, Are we following up with that?"
Johnny Perales, Development Services, stated "The item has already gone to City Council for approval
for the interim ceiling on the property evaluation and we're putting together a staff group to work on the
long term solution. Our commitment is to follow what City Council requests and bring something back
by the end of the calendar year.
Commissioner Skrobarcyk stated"He was concerned of the $200 fee and asked if it was a new fee?"
Farcye Goode Macon, Development Services,stated"It was an existing fee that got passed last year."
Johnny Perales, Development Services,stated"There were no changes to that part of the ordinance."
REGULAR PLANNING COMMISSION MEETING Wednesday May 12,2010
IV. DIRECTOR'S REPORT
A. ABSENCES-There were no absences to report from the April 28,2010 regular Planning
Commission meeting.
B. FUTURE PLANNING COMMISSION SCHEDULED MEETINGS
C. May 12,2010
May 26,2010
C. CITY COUNCIL ACTION
May 11,2010
I. Case No.0310-05 John Carlisle
C. May 18,2010
I. Case No.0410-01 Mitchell Vicha and Courtney Urban Vicha
2. Case No.0410-02 Raju Bhagat
D. PUBLIC COMMENTS
E. ITEMS TO BE PLACED ON NEXT AGENDA
V. ADJOURNMENT
Planning Commission Minutes
March 31,2010
Page 8
V. ADJOURNMENT
Motion to adjourn the meeting was made by Chairman Garza and seconded by Commissioner Huerta.
Motion passed unanimously at 6:10 PM.
Faryce Goode-Macon Elizab fii Johnson
Assistant Director of Development Recording Secretary
Services/Planning
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