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HomeMy WebLinkAbout2024-04-02 P&Z MinutesCITY OF EULESS PLANNING AND ZONING COMMISSION APRIL 2, 2024 MINUTES The pre -session meeting of the Planning and Zoning Commission was called to order by Chairman Ellis at 6:00 p.m. in the Pre -Council Conference Room of City Hall, 201 North Ector Drive. Those present included Chairman Steve Ellis, Vice Chair LuAnn Portugal, Commission Members Curtis Brown, David Brown, Rubyann Crites, Eric Owens, and Katherine Flannery. During the Pre -Session Meeting: Assistant Director of Planning and Economic Development, Lisa Payne reviewed agenda items number 2 and 3. CLOSED SESSION The Planning and Zoning Commission convened into closed session at 6:21 p.m. for deliberation regarding the following: Seek legal advice from the City Attorney as authorized by Section 551.071 of the Texas Government Code Related to: • Open Meetings Act Chairman Ellis recessed the closed session at 6:36 p.m. PLANNING AND ZONING COMMISSION CONSIDERATION OF SCHEDULED ITEMS — COUNCIL CHAMBERS The regular meeting of the Euless Planning and Zoning Commission was called to order by Chairman Steve Ellis at 6:37 p.m. in the Council Chambers at City Hall, 201 North Ector Drive. STAFF PRESENT: Michael Warrix, Director of Planning and Economic Development Lisa Payne, Assistant Director of Planning and Economic Development Major Jones, Director of Public Works and Engineering Drew Washington, Division Chief / Fire Marshal Yvonne Garcia, Administrative Secretary of Planning and Economic Development VISITORS PRESENT: Helen Gates Michelle Bell Margaret Esswein Charlene Hayes Mike Street Jose de la Torre William Fleming Page 1 of 6 Planning and Zoning Commission Minutes Page 2 of 6 April 2, 2024 INVOCATION Commissioner D. Brown gave the invocation. THE PLEDGE OF ALLEGIANCE Commissioner Crites led the pledge of allegiance. ITEM 1. APPROVED PLANNING AND ZONING MINUTES Vice Chair Portugal made a motion to approve the minutes of the regular meeting March 5, 2024. Commissioner Crites seconded the motion. The vote was as follows: Ayes: Chairman Ellis, Vice Chair Portugal Commissioners C. Brown, D. Brown, Crites, Flannery, and Owens. Nays: None Abstention: None Chairman Ellis declared the motion carried. (7-0-0) ITEM 2. HELD A PUBLIC HEARING FOR SPECIFIC USE PERMIT CASE NO 24-02-SUP Chairman Ellis opened up the public hearing on Specific Use Permit Case No 24-02-SUP at 6:39 p.m. Lisa Payne gave a brief description of the case. The applicant intends to operate Be at Peace Crematory from a 3,750 SF flex warehouse building in the cul-de-sac of Baccarac Ct. A crematorium is permitted in the TX-10 zoning district with the approval of a Specific Use Permit (SUP). Be at Peace Crematory does not offer funeral services, and families are able to make all cremation arrangements over the phone or online. Calls are answered 24 hours a day and the deceased are delivered by an unmarked cargo van that backs into the building through the overhead door on the side, so operations are discreet and never in view of the public. New equipment will be used and is said to not create any nuisances such as smoke or odor. After cremation, an urn of remains is delivered to the family at no charge. The applicant would be the only tenant of the building, which would have offices and a reception area at the front door for those families that choose to discuss arrangements in person. The majority of the building will be for business operations and will not be accessible to the public. Be at Peace Crematory has two employees, and regular business hours are Monday through Friday from 9 a.m. to 5 p.m. Staff will also come on site to accept deliveries of the deceased at any hour a call comes in. Planning and Zoning Commission Minutes Page 3 of 6 April 2, 2024 The crematorium is required to be licensed and comply with the Texas Funeral Service Commission and the Texas Commission on Environmental Quality (TCEQ). Staff recommends approval of the Specific Use Permit, with the following conditions: 1) The Specific Use Permit is tied to the business name, Be at Peace Crematory; 2) The Specific Use Permit is tied to the business owner, Jose de la Torre; 3) The crematory shall maintain compliance with all requirements on the Texas Commission on Environmental Quality (TCEQ), the Texas Funeral Service Commission, and the City of Euless; and 4) The Specific Use Permit may be revoked if one or more of the conditions imposed by this permit has not been met or has been violated. Public hearing notification letters were mailed to surrounding property owners, and to date, staff has received one written response in support and four written responses in opposition. Chairman Ellis asked to hear from the applicant. Jose de la Torre, applicant and William Fleming, funeral director appeared and gave a presentation. Chairman Ellis asked to hear from any proponents/opponents who wished to speak. Mike Street, property owner of 1523 Baccarac Ct., appeared and is in opposition. He expressed that his tenants of two businesses leave their doors open during business hours and has concerns of air quality, odor and the nature of the business. Michelle Bell, daughter of business owner located at 1501 Baccarac Ct., appeared and is in opposition. Her husband, daughter and herself go to their family business daily and because they leave their shop doors open, her concerns is if there is any odor and smoke. They are uncomfortable with the nature of the business. Chairman Ellis closed the public hearing at 6:59 p.m Commissioner Owens asked what was required to get a permit from TCEQ, if TCEQ required the permit to be renewed annually, and also if City Fire inspections are performed before and during operation. Mr. de la Torres said he did a presentation for the permit and he did not have an answer about the possible renewal requirements. Mrs. Payne answered that Code Compliance officers and Fire Marshal's office do annual inspections. Commissioner C. Brown made a comment that he has deep concerns about this type of business for the future of the vacant land next door and also for businesses on that street.. Vice Chair Portugal asked for more information on TCEQ's annual reviews, their standards in permitting and state licensing. Mr. Fleming responded that they are required to do continued education and required to renew their licenses every two years to keep up with any new laws and rules. He also said that State does come out several times a year to inspect the facility and make sure they are up to code. Commissioner D. Brown asked for more information due to odor, if there is enough space to Planning and Zoning Commission Minutes Page 4 of 6 April 2, 2024 drive into the side garage door, if there is any privacy fencing and things the State inspect. Mr. Fleming responded based on his experience there is no outside odor, there is a lot of room to drive into the side garage, there is no privacy fencing and state inspects paperwork, machinery operating correctly, and that chemicals are stored properly. Commissioner Flannery asked for clarification on the States' inspections being scheduled or unscheduled, if there will be any reason to cremate before or after their business hours, if staff will be on site when retort is operating and if that is a state requirement and the amount of cremations done with the one retort daily. Mr. Fleming responded that they are unscheduled however, they are contacted to let them know they are on their way, there will not be a reason to cremate before or after normal business hours and the state does not require for a person to be present during the operation of the retort. However, their business will have a staff member on site when the retort is in operation. Mr. Fleming said there would be 3 to 4 cremations per retort per day. There were no further questions or comments presented by the Commission. Commissioner Crites made a motion to approve Case No. 24-02-SUP for a Specific Use Permit for a crematorium proposed to be located on Baccarac Industrial Park, Block A, Lot 4R at 1509 Baccarac Ct, in the Texas Highway 10 Multi -Use (TX-10) zoning district and consider recommendation for an Ordinance. The motion failed for lack of a second. Commissioner D. Brown made a motion to deny Case No. 24-02-SUP for a Specific Use Permit for a crematorium proposed to be located on Baccarac Industrial Park, Block A, Lot 4R at 1509 Baccarac Ct. in the Texas Highway 10 Multi -Use (TX-10) zoning district and consider recommendation for an Ordinance. Commissioner C. Brown seconded the motion. The vote was as follows: Ayes: Commission Members: C. Brown, D. Brown, Owens. Nays: Chairman Ellis and Commissioner Flannery Abstention: Vice Chair Portugal and Commissioner Crites Vice Chair Portugal and Commissioner Crites abstained due to lack of information on the process of State Licensing and State Inspections from the applicant. Chairman Ellis declared the motion to deny Case No. 24-02-SUP carried. (3-2-2) ITEM 3. CONSIDER APPROVAL OF SITE PLAN CASE NO. 23-14-SP Lisa Payne gave a brief description of the case. The applicant intends to construct a 5,640 square foot office building on a 0.688-acre lot that was recently created by combining three smaller lots. Planning and Zoning Commission Minutes Page 5 of 6 April 2, 2024 Access and Parking: The Almighty Cleaning office building will face east and have two access points from Cresthaven Drive. A 24' Mutual Emergency Access, Drainage, & Utility Easement (MEADUE) is shown on thenorth side of the building in order for the Fire Department to provide full coverage in case of an emergency. The masonry dumpster enclosure is shown at the end of the MEADUE. A crosswalk will connect the building to the right-of-way (ROW), but a sidewalk will not be constructed at this time because there's no sidewalk connection on either side. Instead, escrow funds will be collected so the City can construct the sidewalk when it's needed. Twenty-eight parking spaces are proposed, and 13 of those spaces will be located behind a sliding security gate on the south side of the property. Landscaping: Section 84-334(b)(4) of the Code of Ordinances provides 2:1 credit for existing trees on the property. There are four existing trees that are large enough to count as eight trees. Twelve street yard trees are required, which means the applicant only has to plant four more trees. In addition, Sec. 84-334(b)(5) allows two ornamental trees to be planted in lieu of one large tree. Thus, the applicant proposes to plant three large trees and two ornamental trees to satisfy the requirement for four new large trees. Shrubbery and living groundcover are proposed near the site entrances and along the building's foundation, and the remainder of the site will be covered with Bermuda grass. Building Construction: The Almighty Cleaning building will be 23'-Y tall with a pitched shingled roof. Brick and cementitious siding will be used as exterior building materials. The building will be constructed to allow the owner to use the entire building for her business or lease out half of it to a tenant. Overhead doors are proposed on the north and south sides of the building to load cleaning supplies and equipment needed to operate. A photometric plan is not included because the applicant does not plan to have exterior lighting. The Development Services Group has reviewed the site plan and has certified that it meets City standards. Chairman Ellis asked to hear from the applicant. The applicant, Charlene Hayes, appeared and was available for questions. There were no questions or comments presented by the Commission. Commissioner Owens made a motion to approve a Site Plan for Almighty Cleaning at Cresthaven Addition, Block 1, Lot 16R, located at 908 Cresthaven Drive. Commissioner Crites seconded the motion. The vote was as follows: Ayes: Chairman Ellis, Vice Chair Portugal and Commission Members: C. Brown, D. Brown, Crites, Flannery and Owens. Nays: None Abstention: None Planning and Zoning Commission Minutes Page 6 of 6 April 2, 2024 Chairman Ellis declared the motion to approve Case No. 23-14-SP carried. (7-0-0) ITEM 4. ADJOURN There being no further business, the meeting was adjourned at 7:31 p.m. Chairman Ellis