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Home My WebLink About1579-PIF DATE: September 17, 2001 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request from Magnolia Cemetery for a specific use permit to expand south of the existing cemetery on Pine Street in ail RM-H (Residential Multiple Family Dwelling - Highest Density) and Ll (Light Industrial) zoning district. FILE: 1579-P STAFF REPORT The Planning Manager recommends approval of the specific use permit to expand the cemetery. Magnolia Cemetery purchased the 3.233 acre site of the former Pipkin Elementary School from the City of Beaumont. The purpose of the purchase was to develop four cemetery blocks containing 2400 grave sites. Magnolia Cemetery is a non-profit corporation,. established in Beaumont in 1887, Most of the now vacant school site is zoned RM-H. The south part of the tract is zoned L1. A specific use permit is required in any zoning district to expand an existing cemetery. The cemetery will be landscaped and screened with iron rail fences and gates and brick entryways. The cemetery plat was filed for record in the map records of Jefferson County, July 10, 2001 in Volume 16, Page 363. Exhibits are attached. PUBLIC NOTIFICATION Notices Mailed to Property Owners: 60 Responses in Favor: Responses in Opposition: LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 3.233 acre tract of land consisting of all that certain Magnolia Cemetery Company called 3.209 acre tract of land, more fully described and recorded in Clerk's File No. 1999037134 of the Official Public Records of Jefferson County, Texas. Said 3,233 acre tract being situated in the James Drake Survey, Abstract No. 18, Jefferson County, Texas and is more particularly described as follows: BEGINNING at a I inch iron pipe found for the Northwest corner of said Magnolia Cernetery called 3.209 acre tract, same being the intersection of the South line of Elm Avenue right-of-way (60 feet wide) and the East line of Texas Avenue right-of-way (60 feet wide); THENCE in a Southeasterly direction along and with the West line of said Magnolia Cemetery called 3.209 acre tract, same being the East line of said Texas Avenue right-of-way the following courses and distances: South 25 degrees 23 minutes 28 seconds East a distance of 165.58 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for the P.C. of a tangent curve to the right having a radius of 322.55 feet, a central angle of 25 degrees 01 minutes 59 seconds and a chord length of 139.81 feet bearing South 12 degrees 52 minutes 29 seconds East: In a southeasterly direction along the arc of said curve to the right an arc distance of 140.93 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for the P.T. of said curve; South 00 degrees 21 minutes 28 seconds East a distance of 296.66 feet to a I inch iron pipe found for the Southwest corner of said Magnolia Cemetery called 3.209 acre tract, same being the Northwest corner of Lot 1, Block 7 of North Addition as recorded in Volume 1, Page 39 of the Map Records of Jefferson County, Texas; THENCE North 87 degrees 42 minutes 30 seconds East along and with the South line of said Magnolia Cemetery called 3.209 acre tract, same being the common North line of said Block 7 and the Bryant M. Allen and Henry Allen tract of land, more fully described and recorded in Clerk's File No. 9807972 of said Official Public Records, the Lucille Allen tract of land, more fully described and recorded in Clerk's File No. 9725657 of said Official Public Records, the Florence D. Franks tract of land, more fully described and recorded in Film Code 103-31-1212 of said Official Public Records and the Mount Gilead Missionary Baptist Church tracts of land, more fully described and recorded in Clerk's File No. 9802820, Clerk's File No. 9410227, Clerk's File No. 9405149, and Clerk's File No. 9405928 of said Official Public Records, a distance of 346.90 feet to a 1 1/4 inch iron pipe found for the Southeast corner of said Magnolia Cemetery called 3.209 acre tract; LEGAL DESCRIPTION continued THENCE in a Northwesterly direction along and with the East line of said Magnolia Cemetery called 3,209 acre tract, same being the West line of Pine Street right-of-way (60 feet wide) the following courses and distances: North 13 degrees 41 minutes 25 seconds West a distance of 60.29 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for corner; North 24 degrees 42 minutes 25 seconds West a distance of 60.14 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for corner; North 34 degrees 52 minutes 55 seconds West a distance of 60.14 feet to a 5/8 inch it -on rod with cap stamped "Wortech" set for corner, Noi-th 40 degrees 07 minutes 55 seconds West a distance of 116.66 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for the P.C. of a tangent curve to the right having a radius of 239.12 feet, a central angle of 35 degrees 10 minutes 56 seconds and a chord length of 144.53 feet bearing North 22 degrees 32 minutes 27 seconds West; In a Northwesterly direction along the arc of said curve to the right an arc distance of 146.83 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for the P.T. of said curve; North 04 degrees 56 minutes 55 seconds West a distance of 207.74 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for corner, North 08 degrees 05 minutes 55 seconds West a distance of 79.29 feet to a 3/4 inch iron pipe found for the Northeast corner of said Magnolia Cemetery called 3.209 acre tract, same being the intersection of the West line of said Pine Street right-of-way and the South line of said Elm Avenue right-of-way, THENCE South 63 degrees 44 minutes 46 seconds West along and with the North line of said Magnolia Cemetery called 3.209 acre tract, same being the South line of said Elm Avenue right-of-way, a distance of 119.96 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for corner; THENCE South 16 degrees 46 minutes 14 seconds East along and with a West line of said Magnolia Cemetery called 3.209 acre tract, same being a East line of an apparent small tract of land, a distance of 59.32 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for corner. LEGAL DESCRIPTION continued THENCE South 88 degrees 33 minutes 00 seconds West along and with a North line of said Magnolia Cemetery called 3.209 acre tract, same being a South line of said apparent small tract, a distance of 112.68 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for corner. THENCE North 52 degrees 43 minutes 11 seconds West along and with North line of said Magnolia Cemetery called 3.209 acre tract, same being the South Line of said apparent small tract, a distance of 17.63 feet to the PLACE OF BEGINNING, containing 3.233 acres of land, more or less. This legal description describes the same property conveyed to the City of Beaumont in Volume 1864, Page 4 of the Deed Records of Jefferson County, Texas. All bearings are based upon the South line of said Magnolia Cemetery called 3.209 acre tract, being North 87 degrees 42 minutes 30 seconds East.) August 9, 2001 c%CA aynolia Cemeto y Established 1887 795 SPRUCE - PHONE (409) 832-5741 P.O. BOX 1734 BEAUMONT, TEXAS 77704-1734 I Magnolia Cemetery is making application for a special use permit. This will permit the development of approximately 3.2 acres of land that was purchased from the City of Beaumont. (See enclosed material for property description information) The property will be used for adult ground burial. There will be approximately 2400 ground burial spaces developed for sale to the public. The development of this property will be a beautiful addition to this area of Beaumont. Please refer to the architect site plan for an overview of the completed development. This development is essential for the, future of Magnolia Cemetery, which has been serving the community since 1887. Magnolia Cemetery is a non-profit company that serves a vital need for the residents of Beaumont with low cost affordable service. Magnolia Cemetery now asks for your support in approval of the special use permit. - Sincerely, Tom Broussard Jim Graves President Cemetery Manager 1 101#1 FILE 1579-P: Request for a specific use permit to allow the expansion of the Magnolia NORTH Cemetery (South Addition) onto property zoned RM-H (Residential Multiple Family A& Dwelling - High Density) and Ll (Light Industrial) District. Location: South of Elm Avenue between Pine Street and Texas Avenue. SCALE1 "=200' Applicant: Magnolia Cemetery L ,AO 4• 60 q00 % 71 Agff 4W PEACH AVE. > -x Uj 0 CA rALPA CATALPA AVE. tit 40 140 0 so d9 4 WI& 'KNINS $4 A 1% '700 lqlo Fn d I �wp %n c; * 0:4 co ry Ag, - §S�\1 �C,\1(310N 33 S) lot , � 11. o 0 n 04. ,i89'Z t I M.00.Mqus :zw 04 L------ t� - - - - - - - - - - - wgmts z 9 1z. mo -0 o yo tp;,fk to 0) co is iv rr+ 010 4 d 0 31 Ji 1*9(4 .06*9VE 3,,05:,Z4.L9N ON1.8V38 30N38333H 9016 3u SINU310 .3ruM 41 17vu Lf V cc JolR HosnHo GE 3Wdjl oieor o p Oo N, I COW, x,[,, ',fmomwfi1 goo T'J'RILLS,' 'RNId OR2, h 1 11-- -- ---- 81 I i-A-0-0 I ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE Application Application is ill is not in Q-11-onclits Compliance Compliance Attached CONDITIONS: 1. That the specific use will be collipatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the ininiediate vicinity; x 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; x 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; x 4. The design, location and arrangement of all driveways and parking spices provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments, x S. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, flumes, dust, noise and vibration; x 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; x 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and x 8. That the proposed use is in accordance with the Comprehensive Plan, x ANALYSIS continued This application is in compliance with the 8 conditions necessary for approval of a specific to allow expansion of Magnolia Cemetery. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Vacant lots, cemetery and cemetery property EAST: Dog pound, City of l3caurnont Maintenance Division, City water works, residences. SOUTH:Vacant lots, residence, church WEST: Vacant lots, residence COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES Magnolia Cemetery Magnolia Cemetery Between Pine Street and Texas Avenue, south of Elm Avenue. RM-H and LI 3,233 acres Vacant land (former elementary school site) "C" (Minimal) SURROUNDING WNW& RCR and Ll Ll Ll RCR and Ll Conservation and Revitalization None STREETS: Pine Street - a major collector that changes from a 70'wide right-of-way to a 35'right-of- way south of Elrn Avenue. There is a 30' pavement. Elrn Avenue - A 60' right-of-way with a 20'pavement, Peach Avenue - A 50' right-of-way (at Texas) with an 18'pavement. GENERAL INFORMATION/PUBLIC UTILITIES continued DRAINAGE: WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: There is an 18" storm sewer in Pine. There is a 96" storm sewer in Elm. There is an 18" storm sewer in Peach. There is a 30" water main in Pine, an 8" in Texas, a 42" line that crosses the cemetery in a dedicated easement and an 8" in Peach. There is a 6" sanitary sewer in Pine, a 6" in Texas, a 6" in Elm and an 18" line in Peach. Fire protection is provided by Station #1, 747 College. Existing services are adequate. Right-of-way of Pine not adequate.