4.A. Top Dog Texas at 136 NW Ellison (Case 22-134): Hold a public hearing and consider an ordinance for a SUP, Specific Use Permit, allowing “Kennel (Indoor)” in the C, Commercial Zoning District.

[4.A. Top Dog Texas at 136 NW Ellison (Case 22-134): Hold a public hearing and consider an ordinance for a SUP, Specific Use Permit, allowing “Kennel (Indoor)” in the C, Commercial Zoning District.]

WE'LL MOVE ON NOW TO OUR ONE PUBLIC HEARING TONIGHT.

THIS IS ITEM FOUR A, THIS IS WE WILL BE HOLDING A PUBLIC HEARING AND CONSIDER AN ORDINANCE FOR AN SUP, SPECIFIC USE PERMIT ALLOWING A KENNEL INDOOR IN THE C COMMERCIAL ZONING DISTRICT. AND THIS IS CASE 22-134.

AND JP, FOR THE RECORD DEVELOPMENT SERVICES PRESENTING CASE 22-134 A SPECIFIC USE PERMIT.

THE OWNER IS ADAM GIBSON AND THE SUBJECT PROPERTY IS APPROXIMATELY 0.14 ACRES AND IS LOCATED AT 136 NW ELLISON.

SO I WANTED TO PROVIDE YOU A LITTLE BIT OF BACKGROUND ON THIS EXISTING BUSINESS.

AND THEN OF COURSE, THE REQUEST AS TO WHY WE'RE HERE TODAY.

SO IN 2018, A CERTIFICATE OF OCCUPANCY WAS SUBMITTED AND APPROVED FOR TOP DOG, TEXAS AT 136 NW ELLISON STREET.

SO THIS BUSINESS HAS BEEN IN OPERATION FOR ROUGHLY FIVE YEARS AT THIS LOCATION.

HOWEVER, DURING THE CERTIFICATE OF OCCUPANCY PROCESS, THE PROPOSED DOG TRAINING FACILITY WAS GIVEN THE DESIGNATION OF A PERSONAL SERVICE OR PERSONAL USE SERVICE, AND THERE WAS A CONDITION THAT WAS ALSO PLACED ON THE CERTIFICATE OF OCCUPANCY THAT DID DID NOT ALLOW FOR THE USE OF KENNEL KENNEL INDOOR OR BOARDING OF ANY ANIMALS OVERNIGHT.

THEN THIS PAST YEAR, IN 2022, THE ANIMAL SERVICES DEPARTMENT INSPECTED THE FACILITY AND FOUND THAT DOGS WERE BEING BOARDED OVERNIGHT.

THIS, OF COURSE, WAS A VIOLATION OF THE CERTIFICATE OF OCCUPANCY AS WELL AS A VIOLATION OF THE BASE ZONING OF COMMERCIAL.

IT WAS A VIOLATION OF THE BASE ZONING OF COMMERCIAL, BECAUSE THE USE OF KENNEL INDOOR IS ALLOWED BY RIGHT IN THE COMMERCIAL OR NOT BY RIGHT, BUT IT IS ALLOWED IN THE COMMERCIAL ZONING DISTRICT, BUT ONLY IF APPROVED BY A SPECIFIC USE PERMIT.

AND SO OBVIOUSLY NOW THE APPLICANT AND THE OWNER IS REQUESTING A SPECIFIC USE PERMIT TO OPERATE A KENNEL INDOOR USE IN THE COMMERCIAL ZONING DISTRICT, WHICH IS WHERE 136 NORTHWEST ELLISON IS LOCATED WITHIN.

I WILL SAY AFTER ALSO TAKING A DEEPER LOOK INTO THE CERTIFICATE OF OCCUPANCY, IT IS OF PLANNING STAFF'S OPINION THAT IN 2018 THIS USE SHOULD NOT HAVE BEEN CONSIDERED A PERSONAL SERVICE USE.

IT SHOULD HAVE INSTEAD BEEN CONSIDERED A KENNEL INDOOR USE AND IF IT WAS CONSIDERED A KENNEL INDOOR INDOOR USE AT THAT TIME, THEY WOULD HAVE BEEN REQUIRED TO GET A SPECIFIC USE PERMIT EIGHT YEARS AGO FOR THE SERVICES THAT THE BUSINESS IS PROVIDING.

THE CURRENT ZONING OF THE SUBJECT SITE, AS I MENTIONED, IS COMMERCIAL, AND THE COMPREHENSIVE PLAN IS DESIGNATED AS OLD TOWN.

AS FOR PUBLIC HEARINGS, THERE WAS NOTICES MAILED TO PROPERTIES WITHIN A 300 FOOT BOUNDARY OF THE SUBJECT PROPERTY.

THERE WAS ALSO A NOTICE PUBLISHED IN THE NEWSPAPER AND THERE WAS A SIGN POSTED ON THE SUBJECT PROPERTY.

STAFF HAS NOT RECEIVED ANY INQUIRIES OR OPPOSITION REGARDING THIS REQUEST FROM ANYBODY IN THE SUBJECT AREA.

IT IS STAFF'S RECOMMENDATION OF APPROVAL TO ALLOW FOR THIS SUP TO OPERATE AT THIS SUBJECT LOCATION.

AND THE REASON FOR STAFF SUPPORT IS BASED ON TWO MERITS.

THE FIRST BEING THAT THE OLD TOWN COMPREHENSIVE PLAN DESIGNATION PROMOTES SERVICE BASED BUSINESSES AND ADDITIONALLY, THE TOP DOG TEXAS DOG TRAINING FACILITY IS A PREEXISTING BUSINESS THAT IS NOW RETROACTIVELY PURSUING APPROVAL FOR SERVICES THAT WERE TECHNICALLY IN VIOLATION DUE

[00:05:08]

TO A MISCLASSIFICATION OF A CERTIFICATE OF OCCUPANCY FIVE YEARS AGO.

IF YOU HAVE ANY QUESTIONS, MYSELF AND THE APPLICANT ARE AVAILABLE FOR ANY.

THANKS, JP, THIS IS A PUBLIC HEARING, SO I'LL OPEN THE PUBLIC HEARING AT 6:05 AND ASK IF THERE'S ANYBODY FROM THE AUDIENCE THAT WOULD LIKE TO SPEAK.

ASSUMING JUST ANSWERING QUESTIONS WE MAY HAVE.

OKAY. ALL RIGHT.

THAT'S ALL. WE'LL CLOSE THE PUBLIC HEARING ALSO AT 6:05.

AND ASK THE COMMISSION IF THEY HAVE ANY QUESTIONS.

THE ORIGINAL APPLICATION; DID HE INTEND AT THAT TIME TO BOARD DOGS? WAS THAT? I REMEMBER WHEN THIS CAME ON WITH THE CO WHEN IT WENT FROM THE TRANSMISSION SHOP AND OVER I KEPT UP WITH IT A LITTLE BIT.

I'D ALWAYS THOUGHT THAT THAT WAS THE INTENT WAS TO NOT ONLY TRAIN DOGS BUT TO ALSO BOARD DOGS.

SO I CAN'T TELL YOU.

OBVIOUSLY ADAM MIGHT BE ABLE TO PROVIDE THAT INFORMATION A LITTLE BIT CLEARER.

I DON'T KNOW WHAT THE CONVERSATIONS WERE WITH STAFF IN 2018 ABOUT ALL THE SERVICES INVOLVED, ABOUT OF ALL THE SERVICES THAT WE'RE GOING TO BE PROVIDED AT THIS BUSINESS.

BUT I CAN TELL YOU THE KENNEL INDOOR USE WITHIN OUR ZONING CODE DEFINES KENNEL INDOOR AS A FACILITY FOR THE BOARDING, GROOMING AND OR TRAINING OF SMALL DOMESTICATED HOUSEHOLD ANIMALS FOR COMMERCIAL PURPOSES.

AND THE PERSONAL SERVICE USE WITHIN OUR ZONING ORDINANCE IS DEFINED AS PERSONAL SERVICES SUCH AS COSMETICS OR HAIR SALONS, NAIL SALONS, THINGS OF THAT NATURE.

AND SO AS AS A STAFF NOW LOOKING AT THIS ORIGINAL CERTIFICATE OF OCCUPANCY TODAY, THE USE SHOULD HAVE CLEARLY BEEN DEFINED AT THAT TIME AS A DOG TRAINING FACILITY AND AN SUP WOULD HAVE BEEN REQUIRED REGARDLESS FIVE YEARS AGO.

AS FOR SERVICES THAT WERE DISCUSSED WITH STAFF, IF ADAM WOULD LIKE TO SHARE THAT WITH YOU.

YEAH, I JUST GOT A COUPLE MORE QUICK.

TO YOUR KNOWLEDGE, HAS THERE BEEN ANY COMPLAINTS OR ANYTHING? NOT FROM PLANNING STAFF.

I DID SPEAK WITH THE ANIMAL SERVICES DEPARTMENT.

I BELIEVE THAT THE THE INSPECTION THAT THEY DID WAS JUST SOMEWHAT OF A STANDARD ROUTINE INSPECTION.

I DON'T BELIEVE IT WAS CAUSED BY ANY COMPLAINTS.

OKAY. YEAH.

ADAM, IF YOU DON'T MIND, I GOT A COUPLE QUESTIONS.

DO YOU RECOLLECT THE CONVERSATION? DID YOU COME OUT AND SAY THAT YOU WERE GOING TO BE BOARDING ANIMALS ALSO? YEAH. SO I THINK FROM WHAT I CAN RECOLLECT FROM THE CONVERSATION, THE ONLY WAY THAT I CAN SEE THAT IT MIGHT HAVE GOTTEN MIXED UP IS THAT LIKE WE'RE NOT LIKE A PRIMARY BOARDING FACILITY, WHICH LIKE WE DON'T ADVERTISE BOARDING LIKE, BUT WE DO OFFER WHAT WE CALL BOARDING TRAINS.

AND SO I DON'T KNOW IF MAYBE THAT'S WHERE IT GOT MIXED UP SOMEHOW AND THAT IT WAS LIKE, I'M NO, WE'RE NOT ADVERTISING.

YEAH, BRING YOUR DOG HERE WHEN YOU GO ON VACATION AND STUFF LIKE THAT, BECAUSE THAT'S NOT REALLY WHAT WE DO.

WE PRETTY MUCH REVOLVE JUST AROUND TRAINING.

SO I DON'T KNOW IF THAT'S HOW IT GOT INTO THE WRONG CATEGORY.

SO AND BUT I DON'T, WE'VE ALWAYS DONE BOARD AND TRAINS THOUGH.

SO I GUESS TO ANSWER YOUR QUESTION, LIKE THAT PART HASN'T CHANGED.

LIKE THAT'S ALWAYS BEEN ON THE ORIGINAL PLAN.

SO THIS IS MORE OR LESS A COURTESY TO THE PETS THAT ARE BEING.

RIGHT. YEAH.

HOW MANY ANIMALS DO YOU BOARD OR WHAT'S YOUR MAXIMUM? SO WE PROBABLY 25 WOULD BE LIKE THE MAXIMUM.

YOU'VE NEVER GONE OVER THAT OR YOU JUST IT JUST UP TO THAT POINT MAYBE AT THE MOST OR.

RIGHT. YEAH. SO WE HAVE WAITING LISTS FOR OUR PROGRAMS, SO IT'S NOT LIKE WE'LL SQUEEZE SOMEBODY IN OR WHATEVER.

LIKE WE HAVE A SPECIFIC NUMBER OF DOGS THAT WE CAN TRAIN AT ANY ONE TIME.

SO WHEN THIS FIRST CAME UP, I DID A LITTLE BIT OF RESEARCH ON IT, STUFF LIKE THAT.

YOU GUYS SEEM TO BE LIKE THE PREMIER TRAINING FOR THIS AREA.

THAT'S YEAH, I THINK WE PROBABLY HAVE THE MOST REVIEWS.

WE'VE GOT 15,000 FOLLOWERS ON YOUTUBE, 6000 ON FACEBOOK.

YEAH, WE PROBABLY HAVE THE MOST IN THE AREA.

YEAH. AND IT'S NOT A RESIDENTIAL AREA ANYMORE.

SO THAT'S ONE THING WHY I'D ASKED ABOUT IF THERE'S ANY COMPLAINTS, BECAUSE YOU WOULD THINK IF NEIGHBORS ARE OUTSIDE OR KIDS OR ANYTHING LIKE THAT, IF THEY HEARD ANIMALS GROWLING AND BARKING OR SOMETHING LIKE THAT.

BUT YEAH, I APPRECIATE YOU KEEPING A BUSINESS HERE IN TOWN.

I'M SURE THAT YOU'RE LIKE.

LOCKED WHERE YOU CAN'T DO ANY ANY GROW ANY BIGGER.

BUT IT'S GOOD TO SEE YOUR SUCCESSFUL.

THANK YOU. ALL RIGHT. APPRECIATE IT.

ANY OTHER QUESTIONS FOR THE OWNER? IS THIS THE CERTIFICATE OF OCCUPANCY HERE APPLICATION? IS THAT THE ORIGINAL OR.

YES, SIR. THAT IS THE ORIGINAL ONE FROM 2018.

AND YOU CAN SEE THE COMMENTS THAT WERE PROVIDED AT STAFF AT THAT TIME, CATEGORIZED IT AS A PERSONAL SERVICE.

AND THEN YOU CAN SEE AT THE BOTTOM, NO OUTSIDE STORAGE AND NO BOARDING ALLOWED AT ANY TIME.

SO HOW LONG AFTER.

THAT. DID YOU START BOARDING ANIMALS? I MEAN, IMMEDIATELY.

SO I NEVER RECEIVED THIS COPY.

[00:10:02]

I THINK THAT WAS THE LIKE WHEN WE RECEIVED OUR CERTIFICATE OF OCCUPANCY, IT WAS JUST LIKE A YEAH, JUST A CERTIFICATE OF OCCUPANCY.

SO I NEVER ACTUALLY SAW THAT PART UNTIL IT WAS BROUGHT UP TO ME LAST YEAR THAT WE WERE IN VIOLATION.

AND I WAS PRETTY SHOCKED TO SEE THAT IT WOULD SAY NO KENNELING OR BOARDING.

I DO REMEMBER THEM SPECIFICALLY SAYING NO OUTSIDE STORAGE, BUT THE NO KENNELING AND BOARDING.

I HAVE NO IDEA HOW THAT WOULD HAVE EVER GOTTEN ON THERE BECAUSE IT WAS THAT'S ALWAYS BEEN THE INTENT TO DO THE BOARDING.

YOU DIDN'T COME BEFORE P&Z AT THAT TIME AND FOR PERMISSION, CORRECT? NO, IT WAS JUST THE COME IN AND FILL OUT THE APPLICATION FOR THE CERTIFICATE OF OCCUPANCY.

AND IF I MAY ADD, I BELIEVE THAT'S PROBABLY ONE OF THE REASONS WHY THAT WAS SPECIFICALLY CONDITIONED ON THE CERTIFICATE OF OCCUPANCY WAS TO SOME EXTENT CITY STAFF BEING BUSINESS FRIENDLY AND NOT REQUIRING ANY ZONING PROCESSES OR APPROVAL AT THE TIME.

AND SO THEY CONSIDERED A DIFFERENT USE THAT WAS ALLOWED BY RIGHT AND CONDITIONED SOME OF THE USES THAT WOULD HAVE REQUIRED AN SUP.

BUT IS THIS NOT SOMETHING THAT WE WOULD NORMALLY GIVE SOME ONE? THAT'S. A COPY OF THIS? IF HE WAS TO COME IN AT THIS LOCATION TODAY, THE PLANNING DEPARTMENT WOULD REVIEW IT AND SAY THAT HE NEEDS AN SUP IF HE WANTS TO OPERATE A KENNEL INDOOR USE AT THIS LOCATION.

OKAY. THANKS.

OKAY. IT WAS MORE OR LESS JUST AN OVERSIGHT.

I BELIEVE SO. OKAY.

OKAY. ANY OTHER QUESTIONS? OKAY. THANK YOU, MR. GIBSON.

THANK YOU. YES, SIR.

IF YOU'LL GO AHEAD AND FILL OUT A SPEAKER CARD TOO, PLEASE.

HOW'D YOU COME UP AND JUST.

ALL RIGHT. ANY OTHER QUESTIONS FOR THE COMMISSION THIS EVENING FROM.

OKAY. IF NOT, I'LL ENTERTAIN A MOTION ON ITEM FOUR.

A MOTION TO APPROVE 22-134.

I'LL SECOND, I HAVE A MOTION BY BILL, I MEAN A MOTION BY CLINT AND A SECOND BY BILL.

ALL IN FAVOR. PLEASE RAISE YOUR HAND.

LOOKS LIKE MOTION PASSES UNANIMOUSLY.

ALL RIGHT. WE DO NOT HAVE ANY REPORTS AND PRESENTATIONS, BUT WE DO HAVE A COUPLE OF OTHER ITEMS FOR CONSIDERATION.

[6. Other Items for Consideration]

WE WILL BE NOMINATING A NEW PLANNING AND ZONING CHAIRMAN AND VICE CHAIRMAN.

WOULD YOU LIKE THESE IN TWO SEPARATE? GO INTO THESE IN TWO SEPARATE? OKAY. SO THE FIRST THING IS THE NEW PLANNING AND ZONING CHAIRMAN AND I DO HAVE ONE NOMINATION AND THAT IS MICHAEL TUNE, WHO IS CURRENTLY THE VICE CHAIR, WILL TAKE OVER AS CHAIR.

DO WE HAVE ANY OTHER NOMINATIONS THIS EVENING FOR CHAIR? IF Y'ALL ARE OKAY WITH THAT, I WILL NEED A MOTION ON THAT ITEM.

MOTION TO APPROVE. SECOND.

ALL RIGHT. I HAVE A MOTION BY BILL AND A SECOND BY DAN TO APPROVE MICHAEL AS THE NEW CHAIR.

EVERYBODY, PLEASE RAISE YOUR HAND IN FAVOR.

ALL RIGHT. THAT PASSES UNANIMOUSLY.

AND THE LAST ITEM OR THE NEXT TO LAST ITEM IS WILL BE APPOINTING A NEW VICE CHAIR TO TAKE MICHAEL'S SPOT.

WHO'S TAKING MY SPOT AS CHAIR? AND I DO HAVE A NOMINATION FOR THAT.

AND THAT IS MR DAN TAYLOR.

IS THERE ANYBODY ELSE WHO WOULD BE ANY MORE NOMINATIONS FOR THE VICE CHAIR POSITION? AND IF NOT, I WILL ENTERTAIN A MOTION ON THAT MOTION TO APPROVE.

SECOND. ALL RIGHT. I HAVE A MOTION BY CLINT AND A SECOND BY BILL.

ALL IN FAVOR, PLEASE RAISE YOUR HAND.

OKAY. DAN VOTED NO.

YOU VOTED YES.

OKAY. IT'S UNANIMOUS.

IT'S UNANIMOUS. PEGGY.

OKAY. THANK YOU.

[7. Community Interest Items]

ALL RIGHT. WE DO. WE.

WELL, I GUESS WE DO HAVE A COMMUNITY INTEREST ITEM BECAUSE THIS IS MY LAST MEETING AS THE CHAIR OF THE PLANNING AND ZONING COMMISSION AND AS A MEMBER OF THE PLANNING AND ZONING COMMISSION, BECAUSE I WANT TO THANK THE CITIZENS OF BURLESON FOR ALLOWING ME TO MOVE UP TO CITY COUNCIL.

AND ON JUNE 5TH I WILL TAKE ON PLACE SIX.

I'VE BEEN A MEMBER OF THE PNC SINCE 2016 AND I JUST WANT TO THANK FIRST THE CITY FOR APPOINTING ME AND PUTTING ME HERE.

AND I WANT TO THANK THE STAFF FOR ALWAYS GETTING US THE INFORMATION THAT WE NEED.

AND MY FELLOW COMMISSIONERS AND I DO WANT TO SAY A SPECIAL THANK YOU TO SOMEBODY WHO'S BEEN HERE THE WHOLE TIME WITH ME, AND THAT'S PEGGY FISHER.

AND THANK YOU FOR ALWAYS FEEDING US AND GETTING THE AGENDAS OUT AND GETTING US ALL THE INFORMATION.

BUT BUT YOU'VE YOU'VE BEEN HERE SINCE THE WHOLE TIME I'VE BEEN HERE, SO I JUST APPRECIATE YOU VERY MUCH.

AND I JUST WISH THIS COMMISSION THE BEST.

AND YOU ALL ARE IN GOOD HANDS GOING FORWARD.

AND I LOOK FORWARD TO HAVING ASHLEY COME ON NEXT MEETING.

MR. CHAIRMAN? YES, SIR.

I'M GOING TO KIND OF RIDE YOUR COATTAILS ON THAT.

THANK YOU. AND THE DEVELOPMENT SERVICES DEPARTMENT AND THE CITY OF BURLESON WOULD LIKE TO PRESENT YOU WITH THIS PLAQUE.

RECOMMEND RECOGNIZING YOUR HARD WORK AND DEDICATION AS THE CHAIR AND ALSO AS A MEMBER OF THE PLANNING AND ZONING COMMISSION.

[00:15:01]

THANK YOU VERY MUCH FOR YOUR SERVICE.

THANK YOU. APPRECIATE IT.

ALL RIGHT. WE DO NOT HAVE ANY EXECUTIVE SESSION.

NOBODY ELSE. OKAY.

GO AHEAD, BILL. YEAH, IT'S BEEN A PLEASURE WORKING WITH YOU.

I'M APPRECIATIVE OF YOUR KNOWLEDGE, YOUR FINANCIAL BACKGROUND.

I THINK YOU'RE GOING TO DO A REAL GOOD SERVICE TO THE CITY.

YOU'LL BE TAKING RONNIE'S SPOT.

RONNIE WAS TRUTHFUL AND HONORABLE MAN HERE FOR ALL THE PEOPLE.

AND I HAVE NO DOUBT THAT YOU'LL FEEL RIGHT IN.

AND THANK YOU.

ALL RIGHT. THANK YOU, BILL.

ALL RIGHT. ALL RIGHT.

WE HAVE NO EXECUTIVE SESSION, SO I WILL ADJOURN THE MEETING AT 6:15.

THANK YOU ALL.

* This transcript was compiled from uncorrected Closed Captioning.

May 09, 2023 Planning & Zoning Commission

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