HomeMy WebLinkAboutORD 2004-19 - Cementary Extra-territorial JurisdictionORDINANCE NO, 2004-19
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS, ESTABLISHING A CEMETERY USE FOR A 20.49 ACRE SITE IN THE
STUBBLFIED SURVEY, ABSTRACT NO. 556, LOCATED IN THE CITY'S EXTRA-
TERRITORIAL JURISDICTION AT 330 BERRY LANE IN COMPLIANCE WITH
THE REQUIREMENTS OF SENATE BILL 667 (78th LEG. SESS. 2003),
INCLUDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on January 14, 2003 the City Council authorized the submittal of a letter of
support to the State Legislature encouraging an amendment to Section 711.008 of the Texas Health
and Safety Code to allow the establishment of a cemetery within 2 miles of the municipal boundaries
of Georgetown;
WHEREAS, Senate Bill 667 (78th LEG. SESS. 2003, eff. May 6, 2003) amended the Texas
Health & Safety Code to allow a corporation to file a written application with certain cities (including
the City of Georgetown) to establish or use a cemeterylocated outside the municipality but within
two (2) miles of the city limits if an application for same is submitted not later than December 1,
2003;
WHEREAS, Senate Bill No. 667 also requires that the subject municipality adopt an
ordinance which prescribes the information to be included in an application for the establishment
and use of such a cemetery,
WHEREAS, Ordinance No. 2003 -
prescribed the application information to
establishment and use of a cemetery,
43, adopted by the City Council on July 8, 2003,
be submitted for the City's consideration of the
WHEREAS, pursuant to Senate Bill No. 667 and Ordinance No. 2003-43, a complete
application for the establishment and use of a cemetery located outside of the municipality but within
two (2) miles of the municipal boundaries was submitted by Nicholas and Ellen Brumder (the
"Applicant") on December 1, 2003 for a 20.49 -acre cemetery (the "Project") to be located at 330
Berry Lane within the Stubblefield Survey, Abstract No. 556,
WHEREAS, at the request of adjacent landowners, an informal meeting was held on
October 9, 2003 with the City staff, the applicant, and representatives of the adjacent neighborhood;
WHEREAS, at regular City Council meetings held on January 27, 2004, February 24, 2004,
and march 9, 2004, persons speaking for and against the proposed Project were allowed to address
the City Council.
WHEREAS, Senate Bill No. 667 requires a city that authorizes such a cemetery to be
established by ordinance after finding that the establishment and use of the cemetery will not
adversely affect public health, safety and welfare.
Ordinance No. 2004-19
Our Lady of the Rosary Cemetery SB 667 (2003)
Page 1 of 5
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT.
SECTION 1. The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this
ordinance implements the following Policies of the Century Plan - Policy Plan Element:
1. Growth and Physical Development Policy 7.0 which states: "Georgetown's land uses
support economic, cultural and social activities for all residents, businesses and
organizations; and the City's development process encourages new and infill
development"; and
2. Growth and Physical Development Policy 7.1, which states: "The City's regulations
implement the Policy Ends and provide the opportunity to seek change with reasonable
effort and expense"; and
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other
Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan,
SECTION 2. The property that is the subject of this ordinance is the 20.49 -acre site located
at 330 Berry Lane within the Stubblefield Survey, Abstract No. 556, which is further described by
metes and bounds shown on Attachment "A" hereto (the 'Property').
SECTION 3. Based upon review of the application, and comments received during the
application process and at the public meetings at which this Ordinance was considered by the City
Council, the City Council hereby finds that the establishment and use of the Property as a cemetery
will not adversely affect the public health, safety and welfare provided that such establishment and
use is consistent with the terms and conditions of this Ordinance.
SECTION 4. The use of the Property for cemetery purposes in a manner consistent with the
application submitted on September 16, 2003 is hereby approved, provided that such use is in
conformance with the site plan shown on Attachment "B" hereto (the "Site Plan") and with the
following conditions:
a. The development of the Project on the Property shall be consistent with the Site
Plan, and with the following terms and conditions:
i. The total size of the Project shall not exceed 20.49 acres without submittal and
approval of an amended plan;
ii. The total number of internment plots shall not exceed 10,500;
iii. A minimum of 90 on-site parking spaces shall be provided for the Project;
iv. There shall be no exterior lighting other than normal residential lighting
associated with the caretakers' residence and as required for security purposes;
and
Ordinance No. 2004-19
Our Lady of the Rosary Cemetery SB 667 (2003)
Page 2 of 5
b. The Applicant shall improve that section of Berry Lane from S.H. 29 to the entrance
of the Property such that it meets the following standards, and has been inspected
by the City of Georgetown:
20' overall width;
ii. 6" base material;
iii. 1 1/2" Asphaltic Concrete ("Hot Nix");
iv. 6" stabilized sub -grade.
v. Construction of the required road improvement shall commence no later than
September 1, 2004 and shall be completed no later than December 31, 2004.
vi. Construction plans for the road improvements shall be submitted pursuant to the
provisions of Section 3.08.060 of the Unified Development Code (UDC).
vii. Prior to final approval of the construction plans the applicant shall cause to be
posted with the City a Letter of Credit totaling 125% of the estimated cost of the
road construction. The estimated cost of construction must be based on the
City -approved construction plans for the road, certified by a professional
engineer registered with the State of Texas, and verified by the City's
Development Engineer.
viii. Prior to completion of the road construction the applicant may commence the
sale of cemetery plots and may, if necessary, conduct internment services.
ix. Neither the requirements of this Ordinance requiring the applicant to improve a
portion of Berry Lane, nor the requirement that the road improvements be
inspected by the City for conformance with the provisions of this Ordinance, shall
cause the City to be responsible for repairing or maintaining any portion of Berry
Lane.
c. The Applicant, and their successors, shall be responsible for a "fair -share"
contribution towards the maintenance of Berry Lane consistent with the Covenants,
Conditions and Restrictions dated October 9, 1981 and recorded in Volume 874,
Page 623 of the Williamson County Deed Records. The parties subject to the
above -referenced Covenants, Conditions and Restrictions shall make the
determination of what constitutes "fair -share" for the purposes of road maintenance.
d. A security gate may be installed across Berry Lane northwest of the entrance to the
cemetery on the Applicant's property at a location to be determined. The purpose
of this gate is to restrict vehicular access from moving beyond the cemetery into the
adjacent residential neighborhood to the north. The proposed gate shall be installed
with a City approved mechanism to allow for emergency access. Neither the
applicant, nor their successors, is required to bear any financial responsibility for the
installation and / or maintenance of this proposed gate.
Ordinance No. 2004-19
Our Lady of the Rosary Cemetery SB 667 (2003)
Page 3 of 5
e. Prior to the opening of the Project or use of the Property as a cemetery, the Applicant
shall submit and receive approval from the City of Georgetown for a traffic
management plan addressing the manner in which the following circulation and
parking issues related to the operation of cemetery events, including internment
services, shall be accommodated:
i. Access on Berry Lane to, and from, S.H. 29 must be available at all times
including during cemetery events;
ii. Under no circumstances will ingress and egress on Berry Lane be denied during
cemetery events;
iii. There shall be no parking on Berry Lane associated with the use and / or
operation of the project;
iv. All parking related to the operation of the cemetery shall occur on-site; and
v. This plan shall be submitted to the Division of Planning and Development
Services prior to initiation of any cemetery sponsored event.
d. All exterior signage for the project shall be subject to the applicable provisions of
Chapter 10 of the Unified Development Code and shall require issuance of all
required permits prior to installation.
e. Prior to the opening of the Project or use of the Property as a cemetery perpetual
care licensing shall be obtained from the Texas Department of Banking consistent
wit the applicable provisions of Chapter 712 of the State Health and Safety Code.
f. Each phase of the Project shall be submitted to the Division of Planning and
Development Services for review to determine compliance with the approved site
plan.
SECTION 5. Should any conflicts arise between the Site Plan and the conditions outlined
in this Ordinance, the conditions of this Ordinance shall prevail.
SECTION 6. All ordinances and resolutions, or parts of ordinances and resolutions, in
conflict with this Ordinance are hereby repealed, and are no longer of any force and effect.
SECTION 7. If any provision of this Ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application
thereof, of this Ordinance which can be given effect without the invalid provision or application, and
to this end the provisions of this Ordinance are hereby declared to be severable.
SECTION 8. The Mayor is hereby authorized to sign this Ordinance and the City Secretary
to attest. This Ordinance shall become effective and be in full force and effect on the date of final
adoption by City Council,
Ordinance No. 2004-19
Our Lady of the Rosary Cemetery SB 667 (2003)
Page 4 of 5
PASSED AND APPROVED on First Reading on the 24th dayof February 2004.
PASSED AND APPROVED on Second Reading on the 9th dayof March 2004,
ATTEST:
1
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
ra,
Patricia E. Carls
City Attorney
Ordinance No. 2004-19
Our Lady of the Rosary Cemetery SB 667 (2003)
Page 5 of 5
THE CITY OF GEORGETOWN:
By: Garelon
Mayor
ATTACHMENT A
Sg1NG.20 44,acres of land o.at of .the.%oodruff Stubblefield Survey,
County;
�. rAbsti�act'No',-•556 in-Williamsou'Coun Texas,_ said lend a n
'out' -of ":Certain 76, 173-acre.tract conveyed'iiy Solea .Contract Prod
the Texas :Veterans Land Board to Harold E. Coalee#; of.:record
Nolu�e 448; Page. 241 of the Deed Records of Williamson` County, Texas,
gd' - :oo.the grrot*W - ju-,-the: "mdnth bf October; ;1977,: by 11on .li.', r.::..
rti!ey
31 *eli;`,Mgistered prof"sional Engineer, and described -more fully
as foilows:
REGI a(M at an iron pin" in` the North margin' of State -.Highway flow 29
said :point being the most southerly' S, E. comer of the isaid 76.173 -
acre tract; said point also being the S,W, corner of a-certairt
290,90 -acre tract conveyed by deed from Hubert J. ' Scbsselle, et al,,
to the Capital Nayional Bank of Austin, Texas (Trustee),'of record
in Vrlisne 603, 'Page 897 of the Deed Records of Williamson County,
Texas, for the most southerly S.E. corner hereof;
THENCE, following a fence along the common line between the afore-
mentioned 7&,173 -acre and 290,90 -acre tracts,'as follows: N 16°
261 W. X838.98 feet to an iron pin found; N 29' 09* E, 1362.96
feet to an iron pin found and N 16" 349 W, 305,99 feet to an iron
pin found for the H.E. corner hereof;
THENCE, again following the said common fence, as follows: S 72'
00' W, 784.89 feet to an iron pin and S 74' 45' W, 116.17 feet to
an iron pin found at an interior corner of the said 76,173 -acre
timet, for the NW, corner hereof;
THEPM S le 35' E, 827,04 feet to an iron pin set;
THEME S 170 42' E, 442_57 feet to an iron pin found;
THENCE N 72' 50 E, 99,85 feet -to an iron pin found in the West
margin of a 30 -foot -wide lane, for an interior corner hereof;
THEME S 26' 26' E, 1840.00 feet to an iron pin in the North margin
of.- S.H. 29, for the most southerly S.W. corner hereof;
:.:THENCE N 720 20' E, 44r.36.feet to the place of BEGINNING and con-
staining 20.49 acres land,
SAYE AND EXCEPT THE FOLLOWING TRACT OF LAW
BEING 0.143 acre of land out of the Woodruff Stubblefield Survey.
Abstract No. 556 in Williamson County. Texas; said land also being
*but of a certain 76.173 -acre tract conveyed by Sales Contract from
the Veterans Land Board of Texas to Harold Coulee, of record is
%:Vo lune 448, Page 141. of the Deed Records of Williamson County, Tuan;
said land also being out of that certain 20.49 -acre tract retained
_•-. d -Harold Coulee.. Surveyed ou the ground by Don H. Bizzell, Xagis-
"iaral Prbfessional Eagineer,,and described. more fully as follows:
BECZbOtM at. an iron pin at the most westerly S.W. corner of the
said 760173 -acre tract. for the S.W. corner hereof;
a, ?r'S}IENCE ffi' 17'_42'.- W '197.35 feet along a West line of the said 76.173-
' " atrsef-tii-a.poiat,for the most_ northerly corner hereof;
t:
' 0' E;' -2U7.79 feet to a point for the most easterly
2 21 feet to the place of BEGINNING and contaia-
0:7.7i3"`acreroF��laiad. •
EXHIBIT 'A' - COKTINMD
TRACT II
BEING 0.205 were of -land out of the woodruff Stubblefield Survey,
Abstract 36o.'556 _ t.1T3Ili County.'Texas; said ,Iand also befag
out of ,a certain 7).18 -acre tract coaveyed by deed from y. T. Coulee
to Randall To -Sant, of record is Volume 705, Page 39sof the Deed
'*Xecords of V1111no wn County. Texas. Surveyed on the ground by Dot[
H. Efuell, Regist6red Professional Engineer, and described more
fully as follcust r
BEGINNING at an iron pin in an East•Iine..of the said 70.18 -acre tract,
said point being Is 17e 42' V, 197.35 feet from the most southerly
Interior corner o the said 70.18 -acre tract, for the Post southerly
cornerhereof;
THENCE N 17' d2' u, 245.22 feet along the said East line to a point
for the most northerly corner hereof;
1;HEHCE S 1' 3?* F, 134.00 feet to an iron pin for the most ve3terly
corner hereof
THENCE S 35' 25' E; I22.28 feet to the place of BEciMIM and contain-
ing 0.105 acre of laud_
HLUM M
BEING 0.045 ack� of land out of the Woodruff Stubblefield Surrey,
Abstract No. 556 in U1113aaaon County, Texas; said land Also being
out of a curtain 70.18 -acre tract conveyed by deed from V. T. Coulee
•to'Randall T., Smith, of record in Forme 705, Page 39 of the Deed
Records of Williamson County, Texas, Surveyed on the ground by Don
H_ Eissalls Registered Professional Engineer, and described more
fully as follove:
3EGINNING
at nn iron pity. said
point
Lein; the most
southerly H.H.
corner of
the -sail 70.13 -acre
tract,
for the M.E. corner hereof;
THENCE S 16' 26' S, 107_00 fast along an East line of the said 70.18 -
acre tract to an iron pia in the East margin of a 50400t -vide road
easement. for the most southerly corner hereof;
THEN" N 35` 25' W, 112.65 feet along the East margin of the said road_
easemaat to a point in a North line of the said 70.18 -acro tract. for
the N.W. corner tereof;
THENCE It 72' 50' 9, 36.64 feet along the said North line to the place
of BEGINNING and :ontaiaing 0.045 acre of land.
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