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Item 6D Department of Planning & Development Services S T A F F R E P O R T March 29, 2012 CASE NO: ZA12-016 PROJECT:White’s Chapel United Methodist Church Columbarium EXECUTIVE SUMMARY: White’s Chapel United Methodist Church is requesting approval of a Specific Use Permit for a Columbarium (Cemetery Use) to be constructed on approximately 23 acres located at 185 S. White Chapel Boulevard. SPIN Neighborhood #9. REQUEST DETAILS: White’s Chapel United Methodist Church is requesting approval of a Specific Use Permit to construct a columbarium as a part of their facility expansion project which Planning Case ZA12-006 is being processed under . The columbarium will be constructed adjacent to an existing chapel located towards the front of the church along S. White Chapel Boulevard. A stone wall approximately 4 to 5 feet tall in height along with a wrought iron fence will be enclosing the columbarium in addition to a water feature, paved walkway and some landscaping within the columbarium walls. The applicant requested to be tabled by the Planning & Zoning Commission to the March 22, 2012 Planning & Zoning Commission meeting to allow further citizen input. The applicant had a SPIN meeting on February 27, 2012 and a copy of this SPIN meeting report is located under Attachment ‘C’ of this staff report. VARIANCES: The applicant has requested a variance to Section 45 Specific Use Permits of the City’s Zoning Ordinance as it pertains to the location of any cemetery, or any portion of land designated for the use thereof, 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. The proposed columbarium is located between approximately 350 to 400 feet of residences and a detention pond. ACTION NEEDED:1) Conduct Public Hearing 2) Consider Specific Use Permit Approval Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to PowerPoint Presentation (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Resolution No. 12-016 for Council and Commissioners only (G) Full Size Plans () STAFF CONTACT: Ken Baker (817) 748-8067 Daniel Cortez (817) 748-8070 Case No. ZA12-016 BACKGROUND INFORMATION OWNER: White’s Chapel United Methodist Church APPLICANT: White’s Chapel United Methodist Church PROPERTY SITUATION: 185 S. White Chapel Boulevard LEGAL DESCRIPTION: Lot 1R, Block 1, White Chapel Methodist Church Addition LAND USE CATEGORY: Public / Semi-Public, Low Density Residential CURRENT ZONING: “CS” – Community Service Zoning District HISTORY: - A final plat was approved by City Council on September 16, 1986 Planning Case ZA86-051 under . - A concept plan was approved by City Council on November 21, Planning Case ZA95-107 1995 under . - A change of zoning to “CS” and concept plan were approved by City Planning Case ZA98-033 Council June 2, 1998 under . - A plat revision was approved by City Council on September 1, 1998 Planning Case ZA98-091 under . - City Council approved a zoning change to “CS” and a revised site Planning Case plan for the overall property on May 16, 2000 under ZA00-014 . - City Council also approved a preliminary plat for the overall property Planning Case ZA00-033 on May 16, 2000 under . - A plat vacation for the existing lot was approved by City Council on Planning Case ZA00-105 October 3, 2000 under . - A final plat was approved by P&Z on December 7, 2000. This plat was not filed. - A special exception use was approved by the Zoning Board of Adjustment to allow for the four portable buildings for a period of three years on June 24, 2004. The Board waived the permanent foundation and masonry requirements for the buildings. - City Council approved a revised site plan on April 18, 2006 under Planning Case ZA06-001 . - City Council approved a revised site plan on June 20, 2006 under Planning Case ZA06-086 . CITIZEN INPUT: A SPIN meeting was held on February 27, 2012 in Town Hall. A copy of this report is under Attachment ‘C’ of this staff report. PLANNING & ZONING COMMISSION: February 23, 2012; Tabled (7-0) to the Planning & Zoning Commission meeting on March 22, 2012 at the applicants request. March 22, 2012; Approved (6-0) granting the requested variances to distances from residences and detention ponds. STAFF COMMENTS: In granting or denying an application for a specific use permit, the City Council shall take into consideration the following factors: Case No. Attachment A ZA12-016 Page 1 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 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. 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 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 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. 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 sufficient 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 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. Location - Any cemetery, or any portion of land designated for the use thereof, shall comply with the following minimum requirements as to location: Case No. Attachment A ZA12-016 Page 2 (1) It shall conform to distance requirements of 912a-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. 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. N:\Community Development\MEMO\2012 Cases\016 - SUP - White's Chapel UMC Columbarium\Staff Report Case No. Attachment A ZA12-016 Page 3 Case No. Attachment B ZA12-016 Page 1 Plans and Support Information Detailed Site Plan Columbarium Location Case No. Attachment C ZA12-016 Page 1 Case No. Attachment C ZA12-016 Page 2 Case No. Attachment C ZA12-016 Page 3 Case No. Attachment C ZA12-016 Page 4 Case No. Attachment C ZA12-016 Page 5 Case No. Attachment C ZA12-016 Page 6 Surrounding Property Owners White’s Chapel United Methodist Church Christmas Festival SPO # Owner Zoning Land Use Acreage Response 1. Criswell, Denny A Etux Juyeon SF1-A Low Density Residential 3.18 NR 2. White, Larry L & Barbara G SF1-A Low Density Residential 1.24 NR 3. Alert Assets Llc SP2 Office Commercial 0.66 F 4. Partners Of Synergy Llp SP2 Office Commercial 0.42 NR 5. Rcp Southlake Blvd #1 Ltd SP2 Office Commercial 0.33 NR 6. Rcp Southlake Blvd #1 Ltd SP2 Office Commercial 0.80 NR 7. Frith, John D & Alane E SP2 Office Commercial 0.57 NR 8. Steep Hot & Press Llc SP2 Office Commercial 0.94 NR 9. Costello, John & Maria C2 Office Commercial 1.69 NR 10.Holloway, Dyann SF1-A Low Density Residential 0.94 NR 11.Souimaniphann, Thongdam SF1-A Low Density Residential 0.83 NR 12.First Financial Bank O1 Office Commercial 1.24 NR 13.Nmen Ltd CS Office Commercial 0.95 NR 14.Gcsw Ltd O1 Office Commercial 1.04 F 15.Calloway's Nursery Inc SP2 Office Commercial 3.11 NR 16.Calloway's Nursery Inc SP2 Office Commercial 2.79 NR 17.Elliott, Bryan V SF1-A Low Density Residential 3.00 O 18.Shea, John A Etux Shari R SF1-A Low Density Residential 2.78 U 19.Leaverton, Kevin O SF20A Medium Density Residential 0.91 NR 20.Davis, Keith Etux Lisa A SF20A Medium Density Residential 0.51 O 21.Hall, Benjamin L Etux Kristi H RPUD Medium Density Residential 0.24 NR 22.Grosskopf, Scott Etux Laura RPUD Medium Density Residential 0.40 NR 23.Wright, Carolyn E RPUD Medium Density Residential 0.24 NR Case No. Attachment D ZA12-016 Page 1 24.Sahba, Shahriar Etux Shiva RPUD Medium Density Residential 0.26 NR 25.Herrera, Felipe Etux Maria RPUD Medium Density Residential 0.24 NR 26.McKenzie, Graeme A RPUD Medium Density Residential 0.26 NR 27.McConnell, Gregory Etux Shanno RPUD Medium Density Residential 0.30 NR 28.Allen, Andrew Etux Allison RPUD Medium Density Residential 0.24 NR 29.White's Chapel Meth Ch CS Public/Semi-Public, Low Density Residential 24.38 NR 30.Lechler, Gloria Etal O1 Office Commercial 7.67 NR 31.Southlake, City Of AG Low Density Residential 0.72 NR 32.White's Chapel Cemetery CS Public/Semi-Public 0.61 NR 33.White's Chapel Cemetery CS Public/Semi-Public 1.72 NR 34.White's Chapel Cemetery Assn CS Public/Semi-Public 0.36 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Thirty-One (31) Responses Received: Five (5) Case No. Attachment D ZA12-016 Page 2 Surrounding Property Owner Responses Case No. Attachment E ZA12-016 Page 1 Case No. Attachment E ZA12-016 Page 2 Case No. Attachment E ZA12-016 Page 3 Case No. Attachment E ZA12-016 Page 4 Case No. Attachment E ZA12-016 Page 5 RESOLUTION NO. 12-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A COLUMBARIUM UNDER CEMETARY USES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 185 S. WHITE CHAPEL BOULEVARD, BEING DESCRIBED AS LOT 1R, BLOCK 1, WHITE CHAPEL METHODIST CHURCH ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”, AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B” AND PROVIDING AN EFFECTIVE DATE. WHEREAS , a Specific Use Permit for a columbarium as a cemetery use 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 Sections 45.1 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 afforded 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, morals 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 use related to the installation of a columbarium on property located at 185 S. White Chapel Boulevard, being described as Lot 1R, Block 1, White Chapel Methodist Church Addition, an addition to the City of Southlake, Tarrant Case No. Attachment F ZA12-016 Page 1 County, Texas, according to the plat recorded in Cabinet A, Slide 11810, Plat Records, Tarrant County, Texas, described in Exhibit “A”, and as depicted on the approved Site Exhibit attached hereto and incorporated herein as Exhibit “B” and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. SECTION 2. This resolution shall become effective on the date of approval by the City Council. rd PASSED AND APPROVED THIS 3 DAY OF April, 2012. CITY OF SOUTHLAKE By: _________________________________ John Terrell, Mayor ATTEST: _________________________________ Alicia Richardson, City Secretary Case No. Attachment F ZA12-016 Page 2 EXHIBIT “A” Being property located at 185 S. White Chapel Boulevard, described as a Lot 1R, Block 1, White Chapel Methodist Church Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 11810, Plat Records, Tarrant County, Texas. Case No. Attachment F ZA12-016 Page 3 EXHIBIT “B” RESERVED FOR APPROVED SITE PLAN Case No. Attachment F ZA12-016 Page 4