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HomeMy WebLinkAbout2010-04-06 -- PLANNING AND ZONING April 6, 2010 MINUTES The regular meeting of the Planning and Zoning Commission was called to order by Chairman Richard McNeese at 6:33 p.m. for consideration of scheduled items in the Council Chambers in City Hall of the Municipal Complex. Chairman Richard McNeese stated there was a quorum of members of the Planning and Zoning Commission present. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT: Chairman Richard McNeese Vice Chairman Andy Bearden Commissioner George Zahn Commissioner Monty Huffman Commissioner LuAnn Portugal Commissioner Troy Mennis Commissioner David Brown Chris Barker, Director of Planning and Development Ron Young, Director of Public Works Robert Barker, City Engineer Mike Collins, Director of Economic Development & Administrative Services Paul Smith, Fire Marshal JT Ackerman, Public Works Manager Stephen Cook, Senior Planner Deborah Howard, Development Secretary VISITORS: Gary Whittington, Michael Gasaway, Lamarr McDonald, John Serotko, Richard Dalton, Esther Johnson, Reggie McMullin, Vincent Jacoby, Bob McNamara THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Invocation was given by Commissioner Zahn and the Pledge of Allegiance was given by Commissioner Mennis. ITEM 1 APPROVAL OF MINUTES for called meeting of January 19, 2010 Commissioner Mennis made a motion to approve the minutes for called meeting of January 19, 2010. Commissioner Brown seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Bearden, Commissioners Zahn, Huffman, Portugal, Mennis, and Brown Nays: None Abstention: None The motion carried (7-0-0) Planning and Zoning Commission Minutes April 6, 2010 ITEM 2 CASE #10-02-SP – CONSIDER A RECOMMENDATION FOR A SITE PLAN Consider a recommendation regarding a request for a Site Plan for Commercial Development proposed to be located at International Regional Industrial Complex, Block B, Lot 10, 1503 Royal Parkway. Stephen Cook, Senior Planner, gave a brief description of the case. Mr. Lamar McDonald, AIA applicant representing RWWM LTD, business owners of Davis Machine are requesting the approval of a site plan for approximately 3.09 acres located at 1503 Royal Parkway within the 1-2 industrial zoning district. The proposed development seeks to construct a tilt-wall masonry structure containing a gross area of 26,628 square feet. The building would be the location of a office/warehouse style structure which would contain a business which manufactures machines. The site will contain the primary structure with an access drive to the rear of the property on the north side of the building. The rear loading areas and parking will be fenced off and gated. Landscaping along the street yard of the property exceeds the minimum standards of the City of Euless landscaping requirements. New trees and shrubs will be planted. No existing trees are on the site to be removed. Sidewalk along Royal Parkway will be installed to connect to existing sidewalk to the south. The structure will be a 100% tilt-wall masonry structure with a banded accent paint color along the upper quarter of the structure. Additional standing rib roofing material will be used for awnings covering entrances and windows and be attached to the masonry wall. A final plat is moving through the development review process with this project and will be presented to the Planning and Zoning Commission pending installation of public improvements and DRC certification. Vice Chairman Bearden asked the applicant if they had an existing business. Robert McNamara, 1116 Harrison Avenue, Arlington, Texas, stated they do have an existing location in Arlington and they have any room for expansion. Chris Barker asked how many employees the location would have. Robert McNamara stated he currently has 21 full time employees and the reason for the move is for expansion. Chairman McNeese asked what type of parts they manufacture. Robert McNamara stated they make parts for the air craft industry that are typically small enough to fit in your pocket. — Commissioner Zahn made a motion to approve case #10-02-SP. Commissioner Portugal seconded the motion. The vote was as follows: Page 2 of 10 Planning and Zoning Commission Minutes April 6, 2010 Ayes: Chairman McNeese, Vice Chairman Bearden, Commissioners Zahn, Huffman, Portugal, Mennis, and Brown Nays: None Abstention: None The motion carried (7-0-0) ITEM 3 CASE #10-01-SP — CONSIDER A RECOMMENDATION FOR A SITE PLAN Consider a recommendation regarding a request for a Site Plan for Commercial Development proposed to be located at Midway Park Addition, Lot C, 601 N. Main Street. Stephen Cook, Senior Planner, gave a brief description of the case. Mr. Eddie Waltman representing applicant Texas Car Title Loan is requesting approval of a site plan for a title loan and check cashing business for 601 N Main located at the northwest corner of N Main and Midway. The applicant proposes to renovate the existing concrete masonry unit (CMU) structure and convert it into an office. Previous tenants of the property included a service station and a window tinting business. The renovation of the building will include replacing overhead doors into windows, reversing and renovating the restroom to interior use. In regards to the site plan, the concrete islands which formerly contained the fuel pumps will be removed and an area located within the property and along the hard corner of the intersection will remove the existing concrete and be replaced with landscaping. Additionally, trees will be planted along the north side of the property. The existing structure is a masonry CMU structure. The tenant will add a wainscoting layer of limestone formed texture along the base of the structure to provide architectural interest. The color scheme of the building will be predominantly beige in nature with color bands of yellow and red along the top of the building. The yellow and red bands are in keeping with the branding of the car title loan company. A masonry monument sign is proposed for the business and will be in compliance with the Main Street Sign Regulations in the Euless Unified Development Code. Vice Chairman Bearden asked the applicant what the time line is for the renovation. John Serotko, 601 N. Main Street, Euless, Texas, stated they have had this location for about 3 '/z months and will be in and out in 2 weeks depending on landscaping. Vice Chairman Bearden made a motion to approve case #10-01-SP. Commissioner Mennis seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Bearden, Commissioners Zahn, Huffman, Portugal, Mennis, and Brown Page 3 of 10 Planning and Zoning Commission Minutes April 6, 2010 Nays: None Abstention: None The motion carried (7-0-0) ITEM 4 CASE #09-09-SUP — HOLD PUBLIC HEARING REGARDING A SPECIFIC USE PERMIT AND CONSIDER A RECOMMENDATION FOR AN ORDINANCE Receive public input regarding a request for a Specific Use Permit on Kitty House Survey, A-678, Tract 1B3, for a Crematory and Mortuary in TX-10 (Texas Highway 10 Multi-Use District) zoning, and consider a recommendation regarding an Ordinance. This property is located on 2215 W. Pipeline Road. Chairman McNeese opened the public hearing. Stephen Cook, Senior Planner, gave a brief description of the case. Community Mortuary Services is seeking to lease space within an existing structure, located at 2215 W. Pipeline Road, in order to establish a crematorium and mortuary use. The property is located within the TX-10 (Texas Highway 10 Multi-Use District) zoning district, which requires the approval of a Specific Use Permit (SUP) for the establishment of that use. The proposed use would occupy lease space within the existing building adjacent to All Paws Go to Heaven, a pet crematorium use approved by Specific Use Permit (06-08- SUP) by the City Council in August 2006. The subject space was formerly occupied by a place of worship which had been granted a Specific Use Permit in April 2009. The applicant has indicated that the service provided by the use is the preparation for burial of human remains as well as the preparation and cremation of human remains. The applicant would install a crematorium within the facility. The mortuary will also involve a refrigeration room for the storage of remains as they are moved in transit. The business will be open from 7:00am to 7:00pm and be staffed continuously during this time. The business will be on-call 24 hours a day for transportation requirements. No services will be held at the location. Members of families may attend a cremation process. If approved, the applicant would be required to submit building permit applications for the renovation of the interior of the building to be utilized by the crematory. Staff has received two written responses from adjacent property owners opposed to the SUP. The primary reason for opposition to the use is citied as a repugnant "burning odor" that is frequently experienced from the existing pet crematorium on the site. The Planning and Development Department has not previously received any formal complaints from surrounding property owners regarding odor. One of the thirteen conditions for approval of a SUP states: "adequate nuisance prevention measures have been or shall be taken to prevent or control offensive odors, fumes, dust, noise, vibration and visual blight." City staff would ensure through Code Enforcement any deviation of the use from being in compliance with the nuisance and performance standards regulating dust, noise, air Page 4 of 10 Planning and Zoning Commission Minutes April 6, 2010 pollution and vibration found in Sec 84-184 of the Unified Development Code. Control of offensive odors is not a performance standard found in 84-184 and is inherently difficult to quantify. The Texas Commission on Environmental Quality (TCEQ) regulates the air emissions from crematories. Staff would recommend that a condition be placed as part of the SUP that would require the applicant to provide staff with current permits and licenses issued by TCEQ regarding their compliance with State regulations. The Development Review Committee (DRC) has reviewed the application and finds that it substantially conforms to City regulations. Staff recommends denial of the Specific Use Permit. If Planning and Zoning Commission should recommend approval of the Specific Use Permit, Staff would recommend the following conditions: 1) Tied to the business owner: Sherrie Ann Dalton 2) Tied to the business name: Community Mortuary Services 3) Tied to the location for the period of one year to be renewed by application to the City of Euless. 4) All loading and unloading will be made through the rear entry of the structure. 5) All activities will be confined internally to the building. 6) A secondary power source will be provided to the cremation equipment in case of emergencies in order for a cool down process to occur. 7) The Owner shall provide to the City of Euless any reports, inspections, or certifications by Federal or State licensing agencies — including but not limited to the Texas Commission on Environmental Quality (TCEQ). Richard Dalton, 1712 Caladium, Corinth, Texas, stated the concerns that adjacent properties have with the pet crematorium could be because the equipment might not be up to standards with today's technology. His machinery is state of the art that has pollution control, temperature control, and it does not emanate dust or fumes. A camera system would be installed to visually monitor the stacks so if there are any admissions you would be able to see them. He has been doing this for 23 years and has never had a problem with TCEQ or the state. This is a facility that Euless does not have and with about 20 to 25 percent of the population choosing cremation, they currently have to go to Fort Worth or Dallas to have it done. Chairman McNeese asked for any proponents/opponents to come forward for any comments. Chairman McNeese entered into the record two written protest received by Voss Parts & Supply Inc. and by Arrow Bolt and Electric, Inc. Esther Johnson, 1205 Pebble Creek Drive, Euless, Texas, stated she has viewed the exhibits for this case and it appears they are not accurate to scale. She is concerned with the size of the walk-in cooler and the loading/receiving area. She read that members of the family my view the cremation and did not see how that would be controlled if they invite more people. Chairman McNeese asked Chris Barker how many parking spaces would be required for this use. Page 5 of 10 Planning and Zoning Commission Minutes April 6, 2010 Chris Barker, Director of Planning and Development, stated the facility has 2 or 3 employees that would park behind the gate and allow the front parking for the occasional customers that want to view the cremation. From staff's prospective the facility has adequate parking. Richard Dalton stated they may have 1 or 2 a month and it is usually just the immediate family that will come. There are some religions that will come with their monks and at the most usually about 7 or 8 cars. If there happens to be more people arrangements are made such as to have a limousine pick them up to and drive them to the facility. Chairman McNeese asked the applicant what was the largest number of people he had attend a cremation. Richard Dalton stated the largest number he has seen may have been 25 cars for a religious figure but they have more room at this facility to park. Chris Barker stated there are 10 spaces in the front and there is additional spaces in the rear where if they had an overflow they could use the back parking. Commissioner Brown asked if the 10 spaces were for both tenants in the building. Chris Barker stated that is correct. Seeing no other proponents/opponents Chairman McNeese closed the public hearing. Commissioner Huffman asked the applicant if he was a licensed mortician. Richard Dalton stated he was not. Commissioner Huffman asked if this is a business for himself. Richard Dalton stated it is a business that he and his wife started. He stated for this type of business he is not required to be a license mortician but he does have a Funeral Director in Charge (FDIC). Commissioner Portugal asked the applicant what he was planning as far as ratios for embalming and cremation. Richard Dalton stated the majority of his business will focus on first calls (making removals for the families for the funeral homes) and the cremations. The embalming will probably be around 15%, first calls will be around 35%, and the cremations will be the remaining. -- Commissioner Portugal asked where his closest competitor is located. Page 6 of 10 Planning and Zoning Commission Minutes April 6, 2010 —' Richard Dalton stated the closest competitor that deals with the public is in Fort Worth called Tarrant County Mortician Service located near the downtown area. Commissioner Portugal asked if his 23 years of experience is in running the machinery. Richard Dalton stated it is with running the machinery and the business. Commissioner Portugal asked how familiar he was with this equipment he is presenting. Richard Dalton stated he could pretty much take the machine apart and put it back together. Commissioner Portugal asked how often he has to replace or upgrade the equipment. Richard Dalton stated as far as the machine goes you can rebuild it and rebuild it because on the inside it bricks and mortar. Annual maintenance is done to clean the burners but there are not many moving parts that wear out or break. There are upgrades in technology that you can add to the machine. Commissioner Portugal asked why he would want to upgrade such as Environmental Control. Richard Dalton stated because there are some points where you cannot get the parts for older components. Vice Chairman Bearden stated one of the complaints was for the smell and asked the applicant what measures he will take to adequately deal with this issue. Richard Dalton stated the machine has temperature controls and pollution control devices that detect any type of emissions that may come out and will shut the machine down into safe mood. Vice Chairman Bearden asked where his existing business is located. Richard Dalton stated it is in Lewisville. Vice Chairman Bearden asked how high the smoke stacks go above the roof. Richard Dalton stated they all go above the peak of the roof. Vice Chairman Bearden asked if he has businesses around his existing location and if so, do they complain about the smell. Richard Dalton stated it is surrounded by houses and a church. Some of the houses that get rented do complain because they do not realize what business they are moving by. The city will come out and inspect the facility and they meet all their requirements. Page 7 of 10 Planning and Zoning Commission Minutes April 6, 2010 Commissioner Mennis asked the applicant if he could elaborate on having to have a secondary power source. Richard Dalton stated it is a requirement and it is where the main power goes out of the building and if the power goes out then a generator will turn on. Commissioner Mennis asked if he had an issue with this. Richard Dalton stated no, but in the worst case scenario, it might cause some smoke. Commissioner Mennis asked if the power is controlled by gas. Richard Dalton stated yes. Commissioner Mennis asked if the machine is electronically controlling the gas. Richard Dalton stated that is correct. Commissioner Mennis asked if he had any other issues with any of the other stipulations for the Specific Use Permit. Richard Dalton stated he did not. Commissioner Brown asked the applicant if the secondary power source was a portable unit. Richard Dalton stated he would have to have an electrician address that because he has never had to have a secondary power source. Commissioner Brown asked how often the units are inspected. Richard Dalton stated the units are inspected every year by the state. Commissioner Brown asked if he has had any citations based on the inspections. Richard Dalton stated he had a citation for not having a fire extinguisher. Commissioner Brown asked what type of parts the state inspects. Richard Dalton stated the state Funeral Service Commission inspects the machine to see if it is operating correctly and the facility. The TCEQ comes out if there is a complaint and they look at the machine to see if it has been operating correctly. There is no agency that comes out and does any testing. Page 8 of 10 Planning and Zoning Commission Minutes April 6, 2010 -- Commissioner Brown asked if it was up to the operator on whether to use the electric eye. Richard Dalton stated it is wired into the combustion chamber and if the eye is not working the machine will not ignite. Commissioner Brown asked if he would repair his own unit. Richard Dalton stated he would if possible. Commissioner Brown asked how he determines when it needs to be repaired. Richard Dalton stated that the brick will start to get thin. He looks at the interior every day after the process. They inspect under the machine once a year and the floors are usually good for about 1,500 cremations. Commissioner Brown asked about how many cremations he expects to do in a year. Richard Dalton stated around 1200 cremations a year. Chairman McNeese asked if TCEQ has done an inspection while he was doing a cremation. Richard Dalton stated he has. Chairman McNeese asked as sophisticated as this machine is and the sensors they have if a problem arises, in his 23 years experience is there any sensor that will detect an odor and shut the machine down. Richard Dalton stated there is not. Chairman McNeese asked in his opinion if he believed that this business is compatible at this location and would not have any negative effect on the existing businesses or surrounding homes. Richard Dalton stated he believes this to be correct. Vice Chairman Bearden made a motion to approve case #09-09-SUP. Commissioner Huffman seconded the motion. The vote was as follows: Ayes: Vice Chairman Bearden, Commissioners Huffman and Portugal Nays: Chairman McNeese, Commissioners Zahn, Mennis, and Brown -- Abstention: None The motion failed (3-4-0) Page 9 of 10 Planning and Zoning Commission Minutes April 6, 2010 Commissioner Zahn made a motion to deny case #09-09-SUP based on #6 and #8 within Section 84-153 "Conditions of permit approval". Commissioner Mennis seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Commissioners Zahn, Mennis and Brown Nays: Vice Chairman Bearden, Commissioners Huffman and Portugal Abstention: None The motion carried (4-3-0) ITEM 5 REPORTS There were no reports. ITEM 6 DIRECTOR'S REPORT There were no reports. There being no further business the meeting was adjourned at 7:34 p.m. i /h1- S --AO-AI Ch irma McNeese Date Page 10 of 10