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HomeMy WebLinkAbout07-26-2005 PC Minutes PLanning C olnlnissionMÙlu tes CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, July 26, 2005, in the Council Chambers located at 100 Civic Plaza. Chair Schaub called the meeting to order at 7:00pm. Present: Chair Schaub, Commissioners Biddle, Fasulkey, King, and Wehrenberg; Jeri Ram, Planning Manager; Kristi Bascom, Senior Planner; Janet Harbin, Senior Planner; and Maria Carrasco, Recording Secretary. ADDITIONS OR REVISIONS TO THE AGENDA - None MINUTES OF PREVIOUS MEETINGS - The June 28, 2005 and July 12, 2005 minutes were approved as submitted. ORAL COMMUNICATION At this time, members of the audience are permitted to address the Planning Commission on any item(s) of interest to the public; however, no ACTION or DISCUSSION shall take place on any item which is NOT on the Planning Commission Agenda. The Commission may respond briefly to statements made or questions posed, or may request Staff to report back at a future meeting concerning the matter. Furthermore, a member of the Planning Commission may direct Staff to place a matter of business on a future agenda. Any person may arrange with the Planning Manager (no later than 11:00am, on the Tuesday preceding a regular meeting) to have an item of concern placed on the agenda for the next regular meeting. CONSENT CALENDAR - None WRITTEN COMMUNICATIONS - None PUBLIC HEARINGS 8.1 PA 05-037 Home Court Indoor Tennis Academy Conditional Use Permit - Request for a Conditional Use Permit to operate an indoor tennis academy inside a 17,280 square foot tenant space in an industrial building at 6800 Sierra Court, Suites 0 and P. A Conditional Use Permit is required as this is considered an Indoor Recreational Facility. Chair Schaub asked for the staff report. Kristi Bascom, Senior Planner presented the specifics of the project as outlined in the staff report. Chair Schaub opened the public hearing. Cm. Wehrenberg asked for clarification on whether they are planning to conduct tournaments on site. Their written statement indicates they plan to conduct tournaments. Ms. Bascom stated that this facility is not of sufficient size to accommodate tournaments. Their written stated that they have organized several successful tournaments in Dublin. The statement was to explain their expertise in this area. :P{annÙ/g Commission 'Rßf/I1¿1r ~,11cttin/J 97 }uEy 26, 20()'" Cm. Wehrenberg asked about the surrounding uses and whether there would be a conflict with parking, etc. Ms. Bascom stated Staff did not check the individual operational hours of every tenant but typically warehouse and light industrials users are there Monday through Friday, early morning to late afternoon and not on the weekends. Cm. Wehrenberg asked if this type of service is typical for a light industrial area. Ms. Bascom stated that the proposed application is permitted in this zoning district with a Conditional Use Permit. Cm. King asked if the balls bouncing off the walls annoy the offices on the other side. Ms. Bascom stated that was not something Staff considered as part of the analysis. Cm. Biddle asked why there were no requirements for employee parking. Ms. Bascom stated the Zoning Ordinance for this type of use does not have any additional parking requirements other than what is listed. Cm. Biddle stated that for this particular project there is no signage permitted. Ms. Bascom stated that any proposed signage would need to come under a separate permit. Chair Schaub stated that the Planning Commission needs to provision the community with all those things that are needed; whether it is churches, recreational, light industrial, etc. If you look at the code almost anything can go into a light industrial with a Conditional Use Permit, which is kind of a free for all. If you put a church in on a Sunday in an area with warehouses, there is not much of an issue because the surrounding tenants are not there on the weekends. With a tennis academy with children and adults that operates during the week, the Planning Commission needs to consider the findings for safety, traffic and parking. Cm. King stated that among the findings that need to be approved, each case would need to be reviewed on a case-by-case basis. Cm. Wehrenberg asked Staff to provide a list of the surrounding tenants for future projects coming before the Planning Commission. Chair Schaub stated he went by the site twice today. There were a number of semi-trucks in there. On the other side there is a refrigeration company that had a lot of refrigerators stacked on palettes. There are light industrial areas for light industrial type uses. The safety of people in these areas of industrial is a concern and need to be considered. Chair Schaub invited the Applicant to speak. Edgar Tolentino, Applicant explained that he is heavily involved with the high schools. They are looking for site to train high-level tennis players. There will be a limit to the number of players per court. Parents will need to sign their kids in and can't just drop them off. He stated that they have a lot of people interested in the service and urged the Planning Commission to approve the project. œrarmitlfJ Commission 'Rrguí.lr ~11et:tin.q 98 Jury 26, 200j' Chair Schaub stated that he would like some assurances that they are aware that big trucks will be coming through there. He stated that there is parking along the street that would be quite safe. He suggested talking to the other tenants to make them aware of the people coming through for lessons. Cm. King asked the age range of the students. Mr. Tolentino stated the ages are 8 to adults. The bulk of the students will be teenage kids. Cm. King asked for the number of tennis courts in the proposed facility. Mr. Tolentino responded they would have two tennis courts with a ratio of 4 to 1. He explained that some parents would stay to watch their children practice. Chair Schaub stated that when parents come to watch, they may bring other children with them and it is important that those children stay inside. Mr. Tolentino agreed. He addressed Cm. King's question about the balls hitting the walls and explained that there will be netting around the courts to stop the balls from flying all over the place. Cm. Biddle asked if the court would be concrete. Mr. Tolentino stated the court would be like a carpet, which is softer. Tim Sbranti stated he is the varsity tennis coach for Dublin High School. He stated that he is speaking on behalf of the Applicant. He stated that from experience and working with Home Court, communication is one of their strong points. The communication with the neighbors will not be a problem. He explained that the peak hours for the use are different than the peak hours of the surrounding uses. Some of the hours of concern will not be an issue because most of their lessons are in the late afternoon. He urged the Planning Commission to approve the project. Chair Schaub closed the public hearing. On motion by Cm. Wehrenberg, seconded by Cm. Biddle, by a vote of 5-0, the Planning Commission unanimously approved RESOLUTION NO. 05 - 41 A RESOLUTION OF THE PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN INDOOR RECREATIONAL FACILITY IN A M-l (LIGHT INDUSTRIAL) ZONING DISTRICT AT 6800 SIERRA COURT, SUITES 0 AND P ASSESSOR PARCEL NUMBER 941-0205-039-03 P A05-037 8.2 PA 05-031 Sierra Day Program Conditional Use Permit - Request for a Conditional Use Permit to operate an adult daycare program in a 5,160 square foot tenant space located at 6805 Sierra Court, Suite A. The program would serve a total of 45 developmentally disabled adult clients and would have a staff of 15. A Conditional Use Permit is required as this is considered an Adult Daycare Facility per the Dublin Zoning Ordinance. Y&znninfj CùlnmÍ5:.Wn (f\t'fJufár :.41eelÙlff 99 'July 26, zoo> Chair Schaub asked for the staff report. Ms. Bascom presented the specifics of the project as outlined in the staff report. Chair Schaub opened the public hearing. Chair Schaub stated that the back of this facility allows the delivery trucks can get in and out without circulating in the front of the building, which makes it safer for the people entering the building. The circulation for this site looks real good. Cm. King asked how long have they been operating at their current location. Ms. Bascom stated 3 years. Cm. King asked if there were any problems at their current location. Ms. Bascom stated she checked with the Police Department and there have been no complaints or problems with this use. Cm. Biddle asked if the Applicant is closing their current facility when they open the new facility. Ms. Bascom stated she would refer that question to the Applicant. Cm. Biddle asked about their vehicles. Ms. Bascom stated they have a mid size bus. Cm. Biddle asked if they plan to use the side entrance or the front entrance for loading and unloading. Ms. Bascom stated they would be using the rear entrance. Cm. Biddle stated a child daycare center would be permitted in an M-l Light Industrial. Ms. Bascom explained that it could be permitted with a Conditional Use Permit. This facility is specifically being approved as an adult daycare and could not be converted to a child daycare facility. It would not meet the standards that the state has for childcare facilities in terms of outdoor recreational areas. Ms. Ram explained that the project before the Planning Commission is for an adult daycare. If the Applicant left and someone came in for a child daycare, it would require the Planning Commission's approval of a new Conditional Use Permit. Cm. Wehrenberg asked about disabled parking for the site. Ms. Bascom stated the participants are mentally disabled adults, not necessarily physically disabled, and therefore would not need disabled parking. Cm. Wehrenberg asked if the parking lot can be re-striped to accommodate the larger vehicles used by the Applicant. œfânnif/g Commission 'Ñ.ffJlJ[;,¡r !,\1ceÛn,q 100 JUEy 26, 2005' Ms. Bascom stated there is another tenant in this building doing improvements and they are required to re-stripe the parking lot and bring it up to ADA standards. Chair Schaub invited the Applicant to speak. Dan Fisher, Applicant, stated he would be happy to answer any questions. Chair Schaub asked where they would be loading the participants. Mr. Fisher stated in the rear. Chair Schaub stated that is where he has the issue with construction vehicles and delivery trucks traffic. Mr. Fisher stated that it works well for them because the pavement comes level with the door. He did not see any traffic back there. Cm. King asked if the participants all come at same time. Mr. Fisher stated within a 15-minute window of each other. Cm. King asked how many buses they have. Mr. Fisher stated three buses and one van. Cm. Wehrenberg asked if they have been looking at other sites. Mr. Fisher stated yes but most people don't want this type of facility. Cm. Biddle asked if they plan to keep their current facility. Mr. Fisher stated that it is their intention to move their current program to this space and keep the current space, resubmit for a license for that space to add more people. Ron Reese, Owner of the building, stated that he believes this is a good fit for this building. He stated that there are two of the tenants spaces that are under construction for a remodel, which would explain some of the traffic. The truck traffic and they way they operate will not be a problem. He stated that as a landlord he is happy to have them. Chair Schaub closed the public hearing. On motion by Cm. Biddle, seconded by Cm. Wehrenberg, by a vote of 5-0, the Planning Commission approved RESOLUTION NO. 05 - 42 A RESOLUTION OF THE PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN ADULT DAY PROGRAM/ADULT DAYCARE FACILITY IN A M-l (LIGHT INDUSTRIAL) ZONING DISTRICT AT 6805 SIERRA COURT, SUITE A ASSESSOR PARCEL NUMBER 941-0205-028-01 P A05-031 :P[annil/H CommiSSÙ11l 1?rgU&lY;.tfeeÛn,q 101 }u(v 26, 2005 8.3 P A 05-020 Seed2Sprout Learning Center Conditional Use Permit _ Request for a Conditional Use Permit for the operation of a Christian pre-school and after school learning/ education center for a maximum of 58 children, within an existing educational building at a religious facility with accompanying fenced play areas located in a R-l Single Family Residential Zoning District. Located at Parkway Baptist Church, 7485 Village Parkway. Chair Schaub asked for the staff report. Janet Harbin, Senior Planner presented the specifics of the project as outlined in the staff report. Chair Schaub opened the public hearing. Cm. Wehrenberg read that Staff had visited the site. She asked which staff member visited the site Ms. Harbin stated she has visited the site as well as one of the traffic engineers. Cm. Wehrenberg asked for clarification on Condition 24 on the pick up of children. She is concerned with fire access with the gate being locked. Ms. Harbin stated that a teacher would be in the locked gated area. The Deputy Fire Marshal has been to the site and is comfortable with the facility. Cm. Wehrenberg asked what the second story is used for. Ms. Harbin responded it would be used for classroom and storage. Cm. Wehrenberg asked about the abuse prevention program. Ms. Harbin stated that is a standard that has been put in all our Conditional Use Permits for daycare centers. Cm. King asked if the chain link fence is already there and if it is visible from the street. Ms. Harbin stated the fence needs to be installed along with some improvements to make it more like a playground. It is not very visible because of the distance from the roadway. Chair Schaub stated the Commission does not like chain link fences in Dublin. Sandy Hsi, Applicant just moved to Dublin and loves it. It is her life dream to educate and nurture children. She explained the program and her extensive educational background. Cm. Biddle stated it is a great location, ideally situated and a good use of a facility that does not get much use during the week. Cm. Biddle asked if there is a requirement for a sign by the entrance. Ms. Harbin stated there is no requirement that there be a sign out by the roadway. Chair Schaub stated that the church would look so much nicer without a chain link fence. œranniflg Commission 1<.rfjufár ;M.uting 102 :Jury l(¡, 20U5' Ms. Hsi asked for suggestions or recommendations. Chair Schaub stated that Ms. Harbin may be able to help with that. On motion by Cm. Biddle, seconded by Cm. King, by a vote of 5-0, the Planning Commission unanimously approved RESOLUTION NO. 05 - 43 A RESOLUTION OF THE PLANNING COMMISSION APPROVING P A 05-020 SEED2SPROUT LEARNING CENTER CONDITIONAL USE PERMIT REQUEST FOR A PRE-SCHOOL AND AFTER SCHOOL CARE IN AN EXISTING EDUCATIONAL BUILDING LOCATED AT PARKWAY BAPTIST CHURCH AT 7485 VILLAGE PARKWAY 8.4 PA 05-012 Holistic Health Center Conditional Use Permit - Request for a Conditional Use Permit to conduct massage, in conjunction with other health related treatments intended to treat patients diagnosed with musculoskeletal disorders within a :1:468 square foot office space -located at 6665 Amador Plaza Road. Chair Schaub asked for the staff report. Ms. Bascom presented the specifics of the project as outlined in the staff report. Cm. Biddle asked if the conditions include the typical annual review. Ms. Bascom stated yes. Chair Schaub opened the public hearing. Bo Hites, Applicant explained his practice and stated he wanted to provide it to the community. Cm. Fasulkey asked where his clients come from. Mr. Hites stated he is waiting for his office to be open before he starts marketing. He will put in advertisements next to chiropractors and physical therapists. Cm. Fasulkey asked if they are considered clients or patients. Mr. Hites stated they are clients. Cm. Fasulkey asked if doctors would refer people to him. Mr. Hites stated they would probably after they get to know him. The way the system is set up, most doctors go through physical therapists because of medical insurance. Cm. Wehrenberg clarified that he was not using the diagnostic imaging machine. Mr. Hites stated that he was not using such a machine. Pfannifl£j Commission '1.<rgllktr SWeetin,g 103 Jury 26, 200S Chair Schaub stated that he played golf with a chiropractor and how pain is starting to be relieved by things that are a lot healthier than drugs. He wished him the best of luck with what he will be doing. Chair Schaub closed the public hearing. On motion by Cm. Fasulkey, seconded by Cm. King, by a vote of 5-0, the Planning Commission approved RESOLUTION NO. 05 - 44 A RESOLUTION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO CONDUCT MASSAGE WITHIN AN EXISTING .:!:468 SQUARE FOOT OFFICE SPACE LOCATED AT 6665 AMADOR PLAZA ROAD, SUITE 203 PA 05-012 (APN 941-1500-051-02) 8.5 PA 05-026 Motopsycho Conditional Use Permit - Request for a Conditional Use Permit for the display, sale, and light repair of motorized scooters within an existing 2,100 square foot retail establishment. Located at 7108 Dublin Boulevard Chair Schaub asked for the staff report. Ms. Bascom presented the specifics of the project as outlined in the staff report. Cm. Wehrenberg asked if the other tenants and neighbors were notified. Ms. Bascom stated yes through the public noticing process. Cm. Wehrenberg asked if there have been any complaints regarding this use. Ms. Bascom responded no. Cm. King asked what type of notice is mailed to the tenants. Ms. Bascom stated a public hearing notice is mailed to the property owners and tenants within a 300-foot radius of the site. Cm. King asked if the permit process for signs contain a provision that requires them to be maintained. Ms. Bascom stated the sign regulations are approximately 20 pages long and contains a provision on maintenance. Cm. Biddle stated that a full size motorcycle dealer would not be permitted. What is the breaking point? Ms. Bascom stated vehicle sales and service is one category that requires a Conditional Use Permit. Because the Applicant wants to do sales, they need a Conditional Use Permit. Cm. Biddle stated that minor maintenance is permitted within this kind of facility. What is the breaking point on that? œlannil/g CommixsÙm 1?çfiu!:.¡r :·{feä{ng 104 JuCy 26, 2005 Ms. Bascom stated that when Motopsycho first moved in, they were a retail use that had a small parts and installation area. The Planning, Building and Fire Department looked at it and determined that it was not considered a full-scale repair facility. Cm. Biddle asked if they would be permitted to change fluids. Ms. Bascom responded no. Cm. Fasulkey read into the record what is permitted: auto servicing, no cutting, welding, open flame, or drainage of fuel tanks shall be done in the building. He suggested the language be changed to no drainage of fluids. Ms. Bascom stated that if the Applicant is okay with it, Condition 13 could be amended to no exchange of fluids. Cm. Fasulkey asked if painting is prohibited. Ms. Bascom stated it is not expressly prohibited because the application is not for an auto body type facility. Ms. Ram stated that language could be added to address no other body or painting work. Chair Schaub opened the public hearing and invited the Applicant to speak. John Balzowski, Owner stated that he has been in Dublin for 3 years. He has been approved for light repair and likes to keep it very light. He does not do fluids because they are messy. He does not deal with paint because it is a totally different field of what he does and he is a disaster with paint. He stated that it would not be any different than what he is currently doing. Chair Schaub asked if he is an authorized dealer. Mr. Balzowski stated not yet. He has to get the Planning Commission's approval before he can obtain a dealer license. Chair Schaub asked once he becomes a licensed dealer will there be an obligation for warranty work. Mr. Balzowski stated not necessarily but it is something that he would do. Chair Schaub asked if warranty work could include doing fluids. Mr. Balzowski said not if he chooses not to do it. If it were not within the scope of what they do, they would send it to the manufacturer. Chair Schaub closed the public hearing On motion by Cm. Wehrenberg, seconded by Chair Schaub, with an amendment to Condition 13, and by a vote of 5-0, the Planning Commission unanimously approved P[ormiftfl C()mUlt,lsÙm rJ<¡:gllk./r (\1cäil1/j 105 Jury 26, 2005 RESOLUTION NO. 05 - 45 A RESOLUTION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE SALES AND SERVICE OF MOTORIZED SCOOTER WITHIN AN EXISTING RETAIL STORE LOCATED AT 7108 DUBLIN BOULEVARD P A 05-026 NEW OR UNFINISHED - None OTHER BUSINESS Ms. Ram stated that the Safeway appeal is scheduled for City Council on August 2,2005. Verizon Wireless project was not appealed. Cm. Fasulkey stated that Mike Porto did a fantastic job on the field trip. ADJOURNMENT - The meeting was adjourned at 8:45 pm. Respectfully submitted, wÆ/~ Planning Commission Chairperson ATTEST: Pla~anager - r¡>[a7miug ('ommission ~ml!G¡r >W'rt'ling 106 Jury 26, 20U'i