Presenter
Presenter
Christopher J. Looney, Director of Planning & Community Development
Contact Info
clooney@nbtexas.org
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SUBJECT:
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Public hearing and consideration of the first reading of an ordinance regarding proposed amendments to the Code of Ordinances, Chapter 144, Zoning, regarding definitions, development/use standards and the zoning districts in which crematoriums may be allowed.
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BACKGROUND / RATIONALE:
Case No.: CS-17-020
Council District: All
Applicant: City of New Braunfels
Staff Contact: Stacy A.M. Snell, Assistant Director
(830) 221-4051
ssnell@nbtexas.org
According to the Texas Department of State Health Services, in 2003 (the most recent year for which data are available) Comal County had the 6th highest rate of cremation in Texas (31.8%). That same year in the State of Texas, approximately 20% of all dispositions were by cremation. In the coming years, the number of cremations is anticipated to continue increasing nationally and in Texas, while the number of burials is correspondingly expected to decrease.
Crematoriums are not currently allowed within any of New Braunfels' zoning districts without the approval of a Special Use Permit (SUP). A funeral home director sought an SUP (PZ-16-038) last year to construct a crematorium behind an existing funeral home. During the processing of that permit request, the City identified the need to allow the use by right in the City. (The property subject to PZ-16-038 is zoned “C-3” Commercial District and would not be eligible for a crematorium under the proposed changes.)
There are currently no crematoriums within the City of New Braunfels. The closest facilities are Thomason Funeral Home and Crematory in San Marcos and Schertz Funeral Home and Crematory in Schertz.
All funeral homes in Texas are annually inspected and licensed by the Texas Funeral Service Commission (TFSC). The Texas Commission on Environmental Quality (TCEQ) also regulates air quality for crematoriums. Additionally, the local Fire Marshall reviews for International Fire Code compliance.
The proposed ordinance revision makes the following changes to Chapter 144, Zoning:
- Allows crematoriums by right in the “M-1A” Light Industrial District and “M-2A” Heavy Industrial District
- Adds a definition for “crematorium”
- Removes “crematorium” from the definition of “cemetery”
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
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Yes. |
City Plan/Council Priority: 2006 Comprehensive Plan Pros and Cons Based on Policies Plan |
Pros: |
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Goal 6: Refine or add zoning requirements to be compatible with the community's overall intentions and the best interests of the community as a whole. Objective A: Review existing zoning ordinance and subdivision regulations and make appropriate and timely recommendations. Goal 16: Update and streamline regulations to reduce regulatory complexity, to encourage both economic development and quality of life, and to control administrative and development costs. |
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Cons: |
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None. |
FISCAL IMPACT:
N/A
Recommendation
COMMITTEE RECOMMENDATION:
The Planning Commission held a public hearing on September 12, 2017, and recommended approval. The vote was unanimous (7-0-0) with Commissioner Sonier absent.
STAFF RECOMMENDATION:
Staff recommends approval. The proposed changes will facilitate cremation locally, allowing for cremation to be located within industrial zoning districts without the need for approval of a special use permit.
Attachments:
1. Proposed Revisions to Existing Ordinance
2. Draft Planning Commission Minutes - September 12, 2017
3. Ordinance