PRESENTER: Presenter
Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director
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SUBJECT: Title
Public hearing and approval of the second and final reading of an ordinance amending the New Braunfels Code of Ordinances, Chapter 144, Zoning, by adding Section 5.29, Cemetery Application, and amending Appendix D, Fee Schedule.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: All
BACKGROUND INFORMATION:
Case #: ORD22-328
Staff Contact: Stacy Snell, AICP, CNU-A
Planning Manager
(830) 221-4051 | SSnell@newbraunfels.gov
The City Council held a public hearing on September 12, 2022 and unanimously approved the first reading of the ordinance amending the Zoning Ordinance and Appendix D.
The proposed amendment to the Zoning Ordinance will provide an application process for the establishment and use of a privately operated cemetery within the City of New Braunfels pursuant to Section 711.008(g-2) of the Texas State Health and Safety Code.
ISSUE:
Texas state statute states: "an individual, corporation, partnership, firm, trust, or association may not establish or operate a cemetery, or use any land for the interment of remains" within the boundaries of municipalities unless otherwise excepted”. The City Council provided two resolutions (2019 and 2020) supporting legislative change to allow the creation of a private cemetery within New Braunfels. HB 1725 was approved in 2021 which amended section 711.008 by adding subsection g-2 that allows the City of New Braunfels to adopt a process to authorize the establishment or use of a cemetery within the city limits.
The proposed amendment to the Zoning Ordinance follows HB 1725 amendments and includes a process, timeline, and development standards for a Cemetery Application. The proposed development standards are to ensure a cemetery does not adversely affect public health, safety, and welfare as authorized in the amended statute. The proposed amendment also specifies a cemetery application must be submitted to the city and be considered by City Council as an ordinance by December 1, 2022 as specified and required in the amended state statute.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Approval.
The Planning Commission held a public hearing on September 7, 2022 and unanimously recommended approval (9-0-0).