Item 8Case No.
ZA19-0075
S T A F F R E P O R T
January 3, 2020
CASE NO: ZA19-0075
PROJECT: Specific Use Permit for Lonesome Dove Baptist Church
EXECUTIVE
SUMMARY: The Lonesome Dove Baptist Church is requesting approval of a Specific Use Permit
on property described as Lot 1R1, Block 1, Lonesome Dove Baptist Church Addition,
an addition to the City of Southlake, Tarrant County, Texas and located at 2380 and
2384 Lonesome Dove Avenue, Southlake, Texas. Current Zoning: “CS” Community
Service District. SPIN Neighborhood #2
REQUEST
DETAILS: The subject property is located approximately 400 feet north of the intersection of
Lonesome Dove Avenue and Emerald Circle.
The applicant is requesting approval of a Specific Use Permit for Lonesome Dove
Baptist Church to expand the existing cemetery (with approximately 700 burial plots)
on the church property. The expansion is proposed along the south boundary of the
existing cemetery which will add approximately 300 – 500 additional burial plots
depending on the size of the b urial areas and the existing tree locations. A split rail
fence with stone columns will enclose the proposed cemetery expansion area. A
specific use permit is required for cemeteries within the City of Southlake.
ACTION: 1) Conduct a Public Hearing
2) Consider Specific Use Permit Request for a Cemetery Expansion
ATTACHMENTS: ((A) Background Information
(B) Vicinity Map
(C) Site Plan Review Summary No. 2, dated January 3, 2020
(D) Surrounding Property Owners Map
(E) Surrounding Property Owners Responses
(F) Resolution No. 19-047 Specific Use Permit
Full Size Plans (for Commission and Council members only)
PowerPoint Presentation
Narrative
Concept Plan
STAFF CONTACT: Dennis Killough (817)748-8072
Patty Moos (817)748-8269
Case No. Attachment A
ZA19-0075 Page 1
BACKGROUND INFORMATION
OWNERS: Lonesome Dove Baptist Church
APPLICANT: JPH Land Surveying, Inc.
PROPERTY SITUATION: 2380 and 2384 Lonesome Dove Road
LEGAL DESCRIPTION: Lot 1R1 and 1R2, Block 1, Lonesome Dove Baptist Church Addition
LAND USE CATEGORY: Public/Semi-Public
CURRENT ZONING: “CS” Community Service District
HISTORY: November 19, 1998; the Planning and Zoning Commission approved a final
plat for the property. (ZA98-132)
February 18, 1999; City Council approved a site plan for a 5,966 sf fellowship
and education building subject to Site Plan Review Summary No.2 dated
February 26, 1999; deleting the dumpster screening material; allowing
horizontal and vertical building articulation as shown; waiving items #4 (a and
b) regarding the required bufferyards as related to the project; adding Item #4
and waiving the same: applicant should provide interior landscaping as
required by Ordinance No. 544 for the 5.996 sf new construction; allowing the
existing driveways width as shown (approximately 18 ft.); and all ow the
approximate 40 ft. stacking depth as shown on the three northernmost
driveways(ZA99-009)
April 15, 1999; the Zoning Board of Adjustment app roved a parking variance
for the requirement for an all-weather surface be waived to allow the ten (10)
existing parallel parking spaces on the gravel drive to remain in their present
condition; that a reduction of not more than fourteen (14) spaces in the
required number of parking spaces be granted and that the requirement for a
screening requirement (a screening device shall be erected along the side and
rear property lines abutting said residential lot or dwelling to a height of eight
(8) feet).(ZBA-313)
June 20, 2000; City Council approved a plat revision to provide individual lots
for the church and cemetery. (ZA00-055)
December 29, 2010; City Council approved a Specific Use Permit for the
Spanish Garden School as presented. (ZA10-030)
October 3, 2017; City Council approved a site plan including additional 12
parking spaces on the church property. (ZA17-063)
SOUTHLAKE 2030 Consolidated Future Land Use Plan
The Southlake 2030 Future Land Use Plan designates this property as
Public/Semi-Public.
Public/Semi-Public areas are suitable for a wide range of public, civic, and
religious uses, such as government offices and facilities, public and private
schools, churches and related facilities (including parsonage and parochial
Case No. Attachment A
ZA19-0075 Page 2
schools), cemeteries, and Public
Parks/Open Space uses in conjunction with
these developments.
Pathways Master Plan
There are no proposed sidewalks along
Lonesome Dove Road.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
The proposed site does not affect any
existing roadway conditions.
TREE PRESERVATION: No existing trees are proposed to be removed or altered.
SPIN MEETING: A SPIN meeting was not held for this property.
STAFF COMMENTS: Specific Use Permit Review Summary No.2 dated January 3, 2020 is attached.
Section 45 Specific Use Permit
NOTE: A specific use permit for the cemetery shall automatically expire if an
amended plat has not been filed with the county within six (6) months of the
granting of the specific use permit.
45.1 GENERAL PROVISIONS - The uses listed in this section are
prohibited in the City of Southlake unless and until a specific use permit is
granted for such use by the City Council in accordance with the requirements and
procedures set forth in this Section. A specific use permit shall be required for
the following uses (as amended by Ordinance No. 480-D):
7. Cemetery Uses.
a. Application. An application for a cemetery use must be in writing and shall
include:
(1) Name and address of applicant.
(2) Location and legal description of proposed cemetery land.
(3) Complete plan in conformity with the requirements of Development Plan
herein provided.
(4) Preliminary specifications of all buildings, improvements, utility installations
and other facilities to be constructed on or under the land proposed for
zoning change.
(5) Such further reasonable information as may be required by the City Council.
b. Development Plan - The cemetery shall conform to the following minimum
requirements:
(1) It shall be located on a well-drained site, properly graded to insure
rapid draining and freedom from stagnant pools of water.
(2) All walkways and driveways within a cemetery shall be all weather, hard-
surfaced.
(3) When a public or community sewer system is available, sewer connections
shall be installed as required by the local plumbing code. If the cemetery is
not to be served immediately by a sewage collection system connected to a
community treatment plant or to a public sewage facility, the occupancy of
any building, residence or other structure shall be restricted until a septic
tank and subsurface drainage field designed and constructed in accordance
Case No. Attachment A
ZA19-0075 Page 3
with methods and standards approved by the State Department of Health
and the local plumbing code have been installed, inspected and approved by
the City.
(4) All cemeteries must qualify and be maintained as a perpetual care center
as provided in Article 912a, Revised Civil Statutes of Texas, as amended,
and any other applicable state laws.
(5) The cemetery must comply with all building codes, including but not limited
to plumbing, electrical, street, and general codes of the City of Southlake,
Texas, or other applicable governmental authority.
(6) All use of the surface land or underground, or buildings or structures of any
type shall comply with all applicable City, County, State, Federal or other
governmental agency requirements as to health, sanitation, ventilation,
pollution and associated matters.
c. Location - Any cemetery, or any portion of land designated for the use thereof,
shall comply with the following minimum requirements as to location:
(1) It shall conform to distance requirements of 912a-24, Revised Civil Statutes
of Texas, as amended, and such m inimum distances shall be measured
from the nearest city limit point of any city or cities (other than the City of
Southlake, Texas) to the boundary of said cemetery land nearest to the city
limit of the other city by direct line measurement.
(2) It shall be located not less than five hundred (500) feet from any residence
or structure used for living purposes or any well, creek, lake, tank, reservoir
or pond, or other such water source or place of storage, passage, or
drainage.
d. Parking - All parking shall be off-street parking with an all-weather surface
located in the rear or side yard next to buildings. There shall be one (1) parking
space for each four (4) seats in any assembly portion of any buildin g or
structure.
e. Screening and Fencing
(1) All land actually used for buildings and/or burial spaces shall be completely
enclosed in a fence with gates capable of being locked to prevent
trespassers from entering said premises.
Any additional fencing, screening, walls, landscaping, or ornamental planting
shall be installed if deemed necessary by the City Council in relation to the
property itself or in relation to any adjoining property.
45.4 GENERAL REQUIREMENTS
a. Any use permitted hereunder shall meet the minimum requirements provided in the
district in which it is located.
b. A specific use permit shall automatically expire if a building permit is not issued
and construction begun within six (6) months of the granting of the specific use
permit or if the use shall cease for a period of six (6) months.
45.5 FACTORS TO BE CONSIDERED - In granting or denying an application for a
specific use permit, the City Council shall take into consideration the following
factors:
a. Safety of the motoring public and of pedestrians using the facility and the area
immediately surrounding the site.
b. Safety from fire hazard, and measures for fire control.
c. Protection of adjacent property from flood or water damage.
d. Noise producing elements; and glare of vehicular and stationary lights and
effect of such lights on established character of the neighborhood.
Case No. Attachment A
ZA19-0075 Page 4
e. Location, lighting and type of signs; and relation of signs to traffic control and
adverse effect on adjacent properties.
f. Street size and adequacy of pavement width for traffic and reasonably
expected to be generated by the proposed use around the site and in the
immediate neighborhood.
g. Adequacy of parking, as determined by requirements of this chapter for off -
street parking facilities for similar uses; location of ingress and egress points
for parking and off-street loading spaces; and protection of the public health by
all weather surfacing on all parking areas to control dust.
h. Such other measures as will secure and protect the public health, safety,
morals and general welfare.
i. City Council may grant variances to specific regulations associated with a
specific use set forth in Sections 45. To receive a variance, the applicant must
demonstrate one of the following (As amended by Ordinance No. 480-
MMMM):
(a) A variance will reduce the impact of the project on surrounding
residential properties; or
(b) Compliance with this ordinance would impair the architectural
design or creativity of the project; or
(c) A variance is necessary to assure compatibility with surrounding
developed properties; or
(d) The proposed construction is an addition to an existing project
that does not meet the requirements of this ordinance.
N:\Community Development\MEMO\2019 Cases\0075 - SUP - Lonesome Dove Cemetery
Case No. Attachment B
ZA19-0075 Page 1
Case No. Attachment C
ZA19-0075 Page 1
SPECIFIC USE PERMIT REVIEW SUMMARY
Case No.: ZA19-0075 Review No.: Two Date of Review:1/3/20
Project Name: Specific Use Permit for a Cemetery Expansion at Lonesome Dove Baptist Church
APPLICANT: JPH Land Surveying, Inc. OWNER: Lonesome Dove Baptist Church
785 Lonesome Dove Trail 2380 Lonesome Dove Road
Hurst, TX Southlake, TX 76092
Phone: 817-431-4971 Phone:
Email: jewel@jphls.com Email:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
1/3/19 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY
MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY
COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE
CONTACT Patty Moos AT (817) 748-8269.
_____________________________________________________________________________________
Planning Review
Patty Moos
Planner I
Phone: (817) 748-8269
Email: pmoos@ci.southlake.tx.us
NOTE: A specific use permit for the cemetery shall automatically expire if an amended plat has not
been filed with the county within six (6) months of the granting of the specific use permit .
____________________________________________________________________________
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
* No existing trees are proposed to be altered and the graves are proposed to be placed
outside the dripline of the existing trees.
* No additional landscaping is required with this request.
Public Works/Engineering Review
Steve Anderson, P.E., CFM
Deputy Civil Engineer
Phone: (817) 748-8101
E-mail: sanderson@ci.southlake.tx.us
Case No. Attachment C
ZA19-0075 Page 2
No comments.
General Information
* No review of proposed signs is intended with this site plan. A separate building permit
is required prior to construction of any signs.
Section 45 Specific Use Permit
45.1 GENERAL PROVISIONS - The uses listed in this section
are prohibited in the City of Southlake unless and until a specific use
permit is granted for such use by the City Council in accordance with
the requirements and procedures set forth in this Section. A specific
use permit shall be required for the following uses (as amended by
Ordinance No. 480-D):
7. Cemetery Uses.
In granting or denying an application for a specific use permit, the
City Council shall take into consideration the following factors:
a. Safety of the motoring public and of pedestrians using the
facility and the area immediately surrounding the site.
b. Safety from fire hazard, and measures for fire control.
c. Protection of adjacent property from flood or water damage.
d. Noise producing elements; and glare of vehicular and
stationary lights and effect of such lights on established
character of the neighborhood.
e. Location, lighting and type of signs; and relation of signs to
traffic control and adverse effect on adjacent propertie s.
f. Street size and adequacy of pavement width for traffic and
reasonably expected to be generated by the proposed us e
around the site and in the immediate neighborhood.
g. Adequacy of parking, as determined by requirements of this
chapter for off-street parking facilities for similar uses; location
of ingress and egress points for parking and off-street loading
spaces; and protection of the public health by all-weather
surfacing on all parking areas to control dust.
h. Such other measures as will secure and protect the public
health, safety, morals and general welfare.
The cemetery shall conform to the following minimum requirements
as required under Section 45 of the City’s Zoning Ordinance :
(1) It shall be located on a well-drained site, properly graded to
insure rapid draining and freedom from stagnant pools of water.
(2) All walkways and driveways within a cemetery shall be all
Case No. Attachment C
ZA19-0075 Page 3
weather, hard-surfaced.
(3) When a public or community sewer system is available, sewer
connections shall be installed as required by the local plumbing
code. If the cemetery is not to be served immediately by a
sewage collection system connected to a community treatment
plant or to a public sewage facility, the occupancy of any
building, residence or other structure shall be restricted until a
septic tank and subsurface drainage fiel d designed and
constructed in accordance with methods a nd standards
approved by the State Department of Health and the local
plumbing code have been installed, inspected and approved b y
the City.
If the permitted use is not to be served immediately by a water
utility, occupancy shall be prohibited until water satisfactory for
human consumption is available from a source on the land, or a
public utility source, in adequate and sufficien t supply for human
use and operation of a septic tank and system. Individual water
supplies must be in conformity to the local plumbing code.
(4) All cemeteries must qualify and be maintained as a perpetual
care center as provided in Article 712a, Revised Civil Statutes of
Texas, as amended, and any other applicable state laws.
(5) The cemetery must comply with all building codes, including but
not limited to plumbing, electrical, street, and general codes of
the City of Southlake, Texas, or other applica ble governmental
authority.
(6) All use of the surface land or underground, or buildings or
structures of any type shall comply with all applicable City,
County, State, Federal or other governmental agency
requirements as to health, sanitation, ventilation, pollution and
associated matters.
Location - Any cemetery, or any portion of land designated for the
use thereof, shall comply with the following minimum requirements
as to location:
(1) It shall conform to distance requirements of 712a-24, Revised
Civil Statutes of Texas, as amended, and such minimum
distances shall be measured from the nearest city limit point of
any city or cities (other than the City of Southlake, Texas) to
the boundary of said cemetery land nearest to the city limit of
the other city by direct line measurement.
(2) It shall be located not less than five hundred (500) feet from
any residence or structure used for living purposes or any well,
creek, lake, tank, reservoir or pond, or other such water source
or place of storage, passage, or drainage.
Parking - All parking shall be off-street parking with an all-weather
surface located in the rear or side yard next to buildings. There shall
be one (1) parking space for each four (4) seats in any assembly
portion of any building or structure.
Case No. Attachment C
ZA19-0075 Page 4
Screening and Fencing
(1) All land actually used for buildings and/or burial spaces shall
be completely enclosed in a fence with gates capable of being
locked to prevent trespassers from entering said premises.
(2) Any additional fencing, screening, walls, landscaping, or
ornamental planting shall be installed if deemed necessary by
the City Council in relation to the property itself or in relation to
any adjoining property.
Case No. Attachment D
ZA19-0075 Page 1
Lonesome Dove Baptist Church
SPO # Owner Zoning Address Acreage Response
1. KNIGHT RICHARD LANTERMAN
TRUST RPUD 2508 OGOLLALA CT 0.38 NR
2. POINTER, TERRENCE RPUD 2600 FREEMAN CT 0.38 NR
3. HORDIES, MICHAEL RPUD 2506 OGOLLALA CT 0.33 NR
4. STONE, TIMOTHY L RPUD 2606 DAY CT 0.38 NR
5. WITT TIMOTHY A & MELISSA A LIV RPUD 2500 OGOLLALA CT 0.34 NR
6. BURT, TIMOTHY SF1-A 1400 EMERALD CIR 1.14 NR
7. DALY, DARYL SF1-A 1450 EMERALD CIR 1.27 NR
8. JANSEN, DEBORAH A SF1-A 2409 TAYLOR ST 0.88 NR
9. SWAIN, GREGORY E SF1-A 2407 TAYLOR ST 1.04 NR
10. MUSTELL, HEATHER A SF1-A 2405 TAYLOR ST 1.00 NR
11. HOSKINS, KATHERINE SF1-A 1350 EMERALD CIR 1.20 NR
12. LONESOME DOVE HOLDINGS INC AG
2589 LONESOME DOVE
AVE 0.56 NR
13. LONESOME DOVE HOLDINGS INC AG
2589 LONESOME DOVE
AVE 0.46 NR
14. RPRL LIVING TRUST SF1-A 1490 EMERALD CIR 1.26 NR
15. SOUTHLAKE, CITY OF RPUD 1225 MC CRAE TR 7.99 NR
16. SCHUG, KEVIN SF1-A 2415 TAYLOR ST 1.63 NR
17. SCHUG, KEVIN A SF1-A 2413 TAYLOR ST 1.09 NR
18. CALLAHAN REVOCABLE TRUST SF1-A 2411 TAYLOR ST 0.97 NR
Case No. Attachment D
ZA19-0075 Page 2
19. CASON, MONTE A RPUD 1301 MC CRAE TR 0.35 NR
20. BURNS, JIM RPUD 1303 MC CRAE TR 0.41 NR
21. JACKSON, THOMAS L RPUD 2502 OGOLLALA CT 0.40 NR
22. LEATHERWOOD, JAMES RPUD 2504 OGOLLALA CT 0.47 NR
23. LONESOME DOVE BAPTIST
CHURCH CS
2384 LONESOME DOVE
AVE 3.33 NR
24. LONESOME DOVE BAPTIST
CHURCH CS
2380 LONESOME DOVE
AVE 7.26 NR
25. VPG INVESTMENTS LTD AG
2311 LONESOME DOVE
AVE 0.60 NR
26. Superintendent of Carroll ISD 2400 N Carroll Ave NR
27. Superintendent of Grapevine
Colleyville ISD 3051 Ira E Woods Ave NR
28. Superintendent of Northwest ISD PO Box 77070 NR
29. Superintendent of Keller ISD 350 Keller Pkwy NR
30. City of Grapevine P.O. Box 95104 NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Twenty-six (26)
Responses: In Favor: 0 Opposed: 0 Undecided: 0 No Response: 26
Case No. Attachment E
ZA19-0075 Page 1
Surrounding Property Owners Responses
No responses received to date
Case No. Attachment F
ZA19-0075 Page 1
RESOLUTION NO. 19-047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A
CEMETERY USES ON PROPERTY WITHIN THE CITY OF
SOUTHLAKE, TEXAS, LOCATED AT 2380 LOMESOME DOVE
ROAD, BEING DESCRIBED AS LOTS 1R1 AND 1R2, BLOCK 1,
LONESOME DOVE BAPTIST CHURCH ADDITION, AS DEPICTED
ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT “A” AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a Specific Use Permit for a Cemetery expansion on church property has been
requested by a person or corporation having a proprietary interest in the property zoned as “CS”
Community Service District; and,
WHEREAS, in accordance with the requirements of Section 45.1(7) Cemetery Uses of the
City’s Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City
Council have given the requisite notices by publication and otherwise, and have affor ded the
persons interested and situated in the affected area and in the vicinity thereof; and,
WHEREAS, the City Council does hereby find and determine that the granting of such
Specific Use Permit is in the best interest of the public health, safety, mora ls and general welfare
of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
A Specific Use Permit is hereby granted for a Cemetery expansion on church property at
2380 Lonesome Dove Road being described as Lot 1R1 and 1R2, Block 1, Lonesome Dove
Baptist Church Addition as depicted on the approved Site Exhibit attached hereto and
incorporated herein as Exhibit “A” and providing an effective date, subject to the provisions
Case No. Attachment F
ZA19-0075 Page 2
contained in the comprehensive zoning ordinance and the restrictions set forth herein.
City Council:
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS _________ DAY OF ____________, 2020
CITY OF SOUTHLAKE
By: _________________________________
Laura Hill, Mayor
ATTEST:
_________________________________
Amy Shelley
City Secretary
Case No. Attachment F
ZA19-0075 Page 3
EXHIBIT ‘A”
Plans and Support Information