CITY COMMISSION AGENDA ITEM

Department:

Planning & Development Services

Commission Meeting Date:  April 18, 2017

Staff Contact:

Becky Pepper, Planner II

Recommendations/Options/Action Requested:

Approve TA-16-00388 and adopt Ordinance No. 9341 on first reading.

Executive Summary:

This text amendment to the Land Development Code, Chapter 20, amends Article 4, Sections 20-402 and 20-403, Article 5, Section 20-505, and Article 17, Sections 20-1701 and 20-1729.

The amendment corrects an inconsistency related to the Funeral and Interment Services use. The Code defines this use through examples of activities, which include cemeteries, cremating, interring and undertaking. The proposed amendment separates the land uses by establishing Passive Funeral and Interment Services use and Active Funeral and Interment Services use (Table 1). This separation expands the zoning districts in which the passive uses would be permitted as an accessory use to Religious Assembly uses.

	Activity	Typical Uses
Active	Cremation	Crematoriums
	Undertaking	Funeral Homes and Mortuaries
Passive	Cemeteries	Cemeteries
	Interring	Columbariums and Mausoleums
Table 1. Land use activities associated with Funeral and Interment Services use.

The proposed text amendment also adds a condition to the Passive Funeral and Interment Services use regarding management. The condition establishes that newly created Passive Funeral and Interment Services uses be managed by a Cemetery Corporation and/or maintain permanent maintenance funds.

The proposed text amendment also corrects an inconsistency related to the Cemetery use. Article 4, Use Table, provides information for both the Funeral and Interment Services use and the Cemetery use. It is not necessary to provide separate information for the Cemetery use in the Use Tables because the Land Development Code categorizes the Cemetery use within the Funeral and Interment use. Further, the information provided for these two uses in the Use Table do not align. The proposed text amendment removes the Cemetery use from the Use Tables.

The Planning Commission considered this item at their March 15, 2017 meeting and voted unanimously to forward the text amendment to the City Commission with a recommendation for approval.

Strategic Plan Critical Success Factor

n/a

Fiscal Impact (Amount/Source):

n/a

Attachments:

Staff Report

Kansas Statutes

Ordinance No. 9341

Ordinance No. 9341 Incorporation By Reference

Initiation Memo

Minutes

Reviewed By: (for CMO use only)

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