Ordinance 13-S-15 - Cemetary application processORDINANCE NO. l.3-S-15
AUTHORIZING AN APPLICATION PROCESS FOR DEVELOPING AND
OPERATING A CEMETERY IN THE CITY OF SCHERTZ; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Section 711.008{h) of the Texas Health and Safety Code, as amended (the
"Act"), authorizes the City of Schertz (the "City") to permit the establishment or use of
cemeteries located in the boundaries of the City; and
WHEREAS, the Act requires the City by ordinance to prescribe the information to be
included in a written application {a "Cemetery Application") to establish or use a cemetery in the
Ciry; and
WHEREAS, the Act further requires that a Cemetery Application must be filed with the
City Council of the City; and
WHEREAS, pursuant to the Act, all Cemetery Applications must be filed with the City
Council not later than September 1, 2014; and
WHEREAS, the Act further requires that, following receipt and consideration of a
Cemetery Application for a particular cemetery, the City by ordinance may authorize the
establishment or use of such cemetery within the City if the City Council determines and states
in such ordinance that the establishment or use of such cemetery does not adversely affect public
health, safety, and welfare; and
WHEREAS, the City Council shall consider such an ordinance following receipt of a
recommendation by City staff and the Planning and Zoning Commission; and
WHEREAS, this Ordinance prescribes the information to be included in a Cemetery
Application and the process by which a Cemetery Application shall be received, considered, and
acted upon; and
WHEREAS, the adoption of this Ordinance is in the best interests of the residents of the
City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1.
{a) The City Council hereby amends the City of Schertz Development Services
Planning and Zoning Division Development Manual (the "Manual") by adding
the Cemetery Application attached hereto as Exhibit A in the Zoning section of
the Manual.
50628183.2
(b) Completed Cemetery Applications shall be filed with the City Council of the City
by delivery of the Cemetery Application and the required fee to the City
Secretary. The City Secretary shall promptly deliver a complete copy of such
Cemetery Application to the Development Services office of the City. The City
Secretary shall stamp the Cemetery Application with the date and time of receipt
and deposit the Cemetery Application fee with the Finance Department of the
City. No Cemetery Application will be accepted by the City after September 1,
2014.
(c) In considering a Cemetery Application, the City Council will consider the degree
to which the proposed cemetery complies with at least the minimum design
standards in the United States Department of Veterans Affairs National Cemetery
Administration Facilities Design Guide in effect on the date of filing of the
Cemetery Application and the cemetery's compatibility with the goals and
objectives of the City's Comprehensive Land Plan. Note: If, after the City's
approval of the Cemetery Application, final pre-construction site plans submitted
to the City for the cemetery do not compty with the design in the approved
Cemetery Application, the cemetery will not be permitted, and the Owner will be
deemed to have withdrawn the Cemetery Application.
(d) The development or use of a cemetery within the boundaries of the City are
subject to all ordinances and regulations of the City including but not limited to
the Unified Development Code of the City.
(e) No cemetery shall be developed or operated within the City unless the developer
or operator, as applicable, shall receive from all state and local jurisdictions all
licenses and permits required for such development or operation when required.
The developer ox operator, as applicable, shall promptly upon receipt deliver to
the City a copy of all such licenses and permits issued by all entities other than the
City.
(f) The fee for receiving and processing a Cemetery Application is $5,000.
(g} The requirements of this Ordinance may be modified only by adoption of an
amending ordinance approved 6y the City Council.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
so6asis3.2 - 2 -
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such. invalid provision.
Section 6. It is ofFcially found, determined, and declared that the meeting at which this
Ordinance is adapted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED ON FIRST READING, the 23rd day of April, 2013.
2013.
ATTEST:
w
111 Brenda Dennis, City Secretary
(CITY SEAL)
PASSED, APPROVED and ADOPTED ON SECOND READING, the 7th day of May,
CITY CHERT XAS
Michael R. Carpenter, Mayor
5062883.2 - 3 -
EXHIBIT A
CEMETERY APPLICATION FORM
[See attached]
50628183.2
CASE NUMBER:
CITY OF SCHERTZ
CEMETERY APPLICATION
Completion of an application does not constitute acceptance of the application by the City of Schertz. Placement on a
Planning & Zoning Commission and/or a City Council agenda with a staff recommendation of approval will constitute
acceptance (but not approval) of the application. Approval of the application by an ordinance adopted on final reading by the
City Council shall constitute the City's official approval of the application.
Name of Current Property Owner: _
Name of Owner Contact Person;
Name and
Street Address, City, State, Zip:
Ph#: ,~ Fax#:
Owner's Authorized Agent:
(Company Name/Contact Person/Title}
Street Address, City, State, Zip:
i '
Ph#: i Fax#: I E-Mail:
a
E-il~lail:
Engineer's Name /Company /Contact Person:
Name/Contact Person/Title
Street Address, City, State, Zip:
Ph#:
Name of proposed Cemetery:
General Location of Property:
1;-Mail:
Fax#:
Total Acreage:
Lot: Block: Address:
NOTE: If no address has been assigned, please provide an Address Request Form {see Development Manual) with
this application.
Survey Name: Abstract: Tract #
Existing Use: Current Zoning:
Requested Zoning {if applicable): Required application fee has been paid to the City ^ yes
50628183.2 1
INDIVIDUAL OWNER ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME, a Notat Public, on this day personally appeared
the undersigned Owner, who, under oath, stated the following: "I hereby certify that I am the owner of this property, and all
information submitted herein is true and correct."
Owner's Signature
SUBSCRIBED AND SWORN TO before me, this
- {SEAL)
day of 20
Notary Public in and for the State of Texas
ENTITY OWNER ACKNOWLEDGMENT
THE STATE Oh' TEXAS §
COUNTY OF §
BEFORE ME, a Notary Public, on this day personally appeared the of
a ,who, under oath, stated the following: "I hereby certify that the
entity named below is the Owner of this property, and ail information submitted herein is true and correct."
Owner's Name
Owner's OfFicer's Name, Signature, and Title
SUBSCRIBED AND SWORN TO before me, khis
(SEAL)
day of 20
Notary Public in and far the State of Texas
Date Submiticd
Date Distributed;
Date Accepted/ Rejected: _
LGL Notice
PZ;
()i'fice Ilse Only
Check No: Receipt No:
Parkland fees: ore 'F'ree Mitigation:
LO-Day Ltr: 95-Day Ltr;
PH Notices:
CC:
~~e
50628t83.2 2
COMPLETENESS REQUIREMENTS (all items must be checked and attached):
This checkLst (signed by the Owner or the Owner's authorized Agent)
Required fees paid to the City and breakdown of fee calculations on a separate sheet
Cemetery application signed by owner and notarized
Legal ldetes and Bounds (field notes) on an 8 `/z" by 11" sheet including surveyor seal and signature
15-Black line or blue line copies at (1 $" by 24") exhibits folded with tale block shown in front
One 11" by 17" reduction of exhibit folded to no larger than S'/2" by 11" with title block shown on front
l,failing labels wide name and address of all property owners within 200-feet of the site
Tree survey, mitigation and tree removal perrY~it if trees will 6e removed from the site
Traffic Impacttlnalysis Deternunation form
Completed application for street name approval (if cemetery includes proposed public stzeets)
One (1) CD containing a digital copy of the plan in PDF Format
Agent Authorszation better, as required
Certified copy of a Tax Certificate for the subject property
L
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3
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TECHNICAL REQUIREMENTS
O '" < (aII items ender Onrner must be checked and attached)
0
z
1 Title block located in lower righd ~rornerwikh cemete name or serve name and abstract number, and pre oration date
2 Name, address, and tele hone number of owner, a ent, and serve or
3 North arrow and scale ap ro riate for the level of detail 1"=100' or 1 "=50~, include a hical scale
location/vicinity ma
4 Le end, if abbreviations ors mbols are used
5 Pro er bounda and dimensions
6 Existin and re uested zoning bounda lines
7 A 200-foot notification bounda
$ Show the following information of all properties within the 200-Foot notification area:
a} Laod use
b) Zoning
c) Subdivision Dame (f applicable)
d) Owner name, property ID#, and address (provided on current ttix rolls)
e) Recording information
9 Total oss and net acreage of the pro osed cemeterv
10 Location of existin ri hts-of-wa and easements with filir- information
1I Location and width of planned and existing public thoroughfares, streets, or county roads within and adjacent to the
roe and location and width of lanned and existing zivate roadwa s within the roposed cemete
12 If exhibit contains proposed thoroughfares add note: "The thoroughfare alignments shown on this exhibit are for
illustration u oses and do not set the alignment. Alignment is determined at time of finat lat."
13 Distances to nearest cross streets
14 To ogra h at five (5) foot contours or less
1S Existin and ro osed FEII<i-100 ear flood lain areas, or a note that no 100- ear flood lain exists on the ro er T
Agreed:
Owner's or Agent's Signature:
Printed Name:
SQb2$1$3.2 3
General Cemetery Application Processing Schedule
L Prea Gcation conference with Develo ment Services at least 14 da s before filin a lication .
2. Owner files com lete a lication with Ci Secreta
3. Notice of Completeness or Non-Completeness issued to Owner (within 1d business days after receipt
of application); if application is deemed not complete, Owner merit deliver a corrected and complete
application not later than 14 days after date of Notice ofNon--Completeness or application is deemed
withdrawn .
4. Staff review of a lication within 60 da s after date of Notice of Com leteness .
5. Notice of Recommended Approval or Denial issued to Owner (not later than 315 day after date of
Notice of Com leteness .
6. Schedule consideration of application on agenda of Planning & Zoning Commission meeting (at least
l.0 da s after Notice oFRecommended A roval or Denial.
7. Public notice of application in Ciry's oflzcial newspaper at least 15 days before Planning L~ Zoning
Commission meetin .
8. flail notice of the a lication to surroundin ro er owners.
9. Schedule consideration of application and (if applicable) zoning change on agenda of the second City
Council meetin after final action b Plannin & Zonin Commission.
10. Ci Council a roves or re'ects a licakion.
Acknowledgement:
Owner's or Agent's signature:
Printed Name:
~0628i83.2