HomeMy WebLinkAboutOrdinances (Ordinance O-20-2111)-09/01/2020ORDINANCE 0-20-2111
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 25.69 ACRES ON A TRACT 2 AND TRACT 2B02, ABSTRACT
180, IN THE J L BYAS SURVEY, LOCATED AT 5713 COLLEYVILLE
BOULEVARD FROM THE AG AGRICULTURAL ZONING DISTRICT TO THE
CC-1 VILLAGE RETAIL ZONING DISTRICT; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a rezoning
under Case No. ZC20-001; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of
promoting the health, safety, morals, or general welfare of the
City to enact a new zoning ordinance; and
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration to, among other things, the character of the City's
zoning districts and their peculiar suitability for particular uses,
with a view to conserving the value of buildings and encouraging
the most appropriate use of land throughout the City; and
WHEREAS, the City Council is of the opinion that the change in zoning
provided for herein should be made, in compliance with the City
Charter, and state law with reference to changes to zoning
classifications under the City's zoning ordinance and zoning map,
having given the requisite notices required by law and having
held public hearings affording all interested persons and
property owners a full and fair opportunity to be heard.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
changing the zoning on 25.69 acres on Tract 2B and Tract 2B02,
Abstract 180, in the J L Byas Survey, located at 5713 Colleyville
Boulevard from the AG Agricultural zoning district to the CC-1
Village Retail zoning district, as depicted in the attached Exhibit
"A" and Exhibit "C", and as described in Exhibit "B".
Sec. 2. THAT the Official Zoning Map of the City of Colleyville be amended
to incorporate the zoning change approved herein.
Ordinance 0-20-2111
Page 2 of 3
Sec. 3. THAT the above described tract of land shall be used only in the
manner and for the purposes provided by the Comprehensive
Zoning Ordinance of the City of Colleyville as heretofore amended,
and as amended herein, and subject to the following conditions:
1. As depicted in the attached Exhibit "A" and Exhibit "C".
Sec.4. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same
penalty as provided for in the Comprehensive Zoning Ordinance of
the City of Colleyville, and upon conviction shall be punishable by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00)
for each offense.
Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that portion
so decided to be invalid or unconstitutional.
Sec. 6. THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Sec. 7. THAT this ordinance shall take effect immediately from and after
its passage subject to the publication of the caption, as the law or
charter in such cases may provide.
IAND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 3rd day of March
2020.
The second reading and public hearing being conducted on the 15t day of
September 2020.
PASSED AND APPROVED BY A VOTE OF .pAYES, Q NAYS, ON THIS THE 1ST
DAY OF SEPTEMBER 2020.
Ordinance 0-20-2111
Page 3 of 3
Mayor Richard Newton `]bg; Mayor Pro Tern Bobby Lindamood ft-t--
Place 1, Tammy Nakamura ;qyf Place 3, Kathy Wheat lq_y e-
Place 4, George Dodson HYt Place 5, Chuck Kelley AYE -
Place 6, Callie Rigney AYt.
ATTEST:
Christine Loven, TRMC
City Secretary
APPROVED AS TO FORM:
hitt Vi a
City Attorney
CITY OF COLLEYVILLE
Bo y Lindamood
Mayor Pro Tern
Exhibit "A" - Location and Zoning Map
CITy 0
COLLE�YVILLE
'44?T
DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else Is
at that padys risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
AG
AG
AG
ZC18-001
5713 Colleyville Blvd
OSubject Property
GROSVENORGRN
A
Exhibit "Brr - Statement of Planning Objectives
Statement of Planning Objectives
Statement of Objectives
Bluebonnet Hills Funeral Home and Memorial Park
5725 Colleyville Blvd. Colleyville, Texas 76034
January 13,2020
This a request by Bluebonnet Hills Funeral Home and Memorial Park to rezone a 25.69 acre tract
from an AG District to a CC -I Village Retail District with a Specific Use Permit for cemeteries
and mausoleums.
Background:
Bluebonnet Hills has been operating a fiuneral home and cemetery at this location since 1953. In
the Spring of 2018, it began to expand gravesites into the far eastern portion of the cemetery when
a zoning deficiency was discovered. This area is zoned AG and a zoning change was necessary to
develop gravesites in this area. The approval of the zoning change and associate SUP would allow
for the expansion and operation of the cemetery use. Therefore, Bluebonnet Hills filed an
application for a zoning change, which was later denied on 6/11/I8 based on the Planning and
Zoning Commission concerns and opposition from adjacent residential property owners.
Response to neighbors:
Over the last eighteen months, Bluebonnet Hills has been working with the Broughton
Homeowners Association, Stone Crest Estates Homeowners Association, and adjacent
homeowners. Bluebonnet Hills has reached an agreement with the Broughton Homeowners
Association, Exhibit C and anticipates reaching an agreement with the Stone Crest Estates
Homeowners Association, Exhibit D. Based on these agreements and discussion with adjacent
properties, this request for a Specific Use Permit is subject to the following conditions:
1) All undeveloped cemetery areas will be sodded with a ground cover and maintained in
a healthy growing conditions by providing adequate water, fertilizer, or other necessary
maintenance, Exhibit A.
2) Excess grave site spoils will be temporarily stored in the cemetery's maintenance area
and periodically moved off site.
3) Sediment and debris located in the existing Swale along the east property will be
removed within three months from the passage of the ordinance approving the zoning. Great care
will be taken to protect trees along the east and north property lines during this maintenance effort.
Bluebonnet Hills agrees to replace any trees damaged during this process and agrees to maintain
the existing swale as necessary unless the City of Colleyville requires an alternate process.
4) Bluebonnet Hills will contribute $32.000.00 plus taxes and an additional S4,000.00 for
cost overage toward the dredging of the existing retention pond located in the common area of the
Statement of Planning Objectives
Broughton subdivision subject the provisions found in the agreement between Bluebonnet Hills
and Broughton HOA, Exhibit C.
5) Bluebonnet Hills will construct a new concrete Swale parallel to the existing swale
extending from the northeast corner of the site to the inlet into Broughton's retention pond, Exhibits
E&F.
6) Drainage from the cul-de-sac located near the northeast corner of the site will be
redirected into the new concrete Swale to minimize water discharges into the residential street.
7) Necessary regrading directing drainage from or parallel to the eastern property line
toward the southeastern corner of the site will be initiated. Submittal of final engineering plans
and required permits for drainage and swale design must be submitted to the City of Colleyville
within three months from passage of the ordinance approving the zoning and construction must
begin with begin with six months from City of approval for the plans and permits or a later date as
determined by the City of Colleyville, Exhibits E & F.
8) All future site development must comply with City of Colleyville drainage and erosion
control regulations in effect at the time of fiuture site development.
9) A twenty -five-foot setback will be provided along the east property line, Exhibits B &
G.
10) Landscaping shall be consistent with the Master Plan, Exhibit B, subject to the
following provisions.
a) Plant a minimum of 25 Nellie R. Stevens Holly shrubs in the 25-foot setback
area. Initially, shrubs will be 6 feet high and can mature up to 20 feet in height with a 15-foot
spread.
b) Plant a minimum of 55 #7 size Texas Privet in the 25-foot setback as show on
the Master Plant. The Texas Privet will mature to a height of 10 feet with an 8-foot spread.
c) Final plant location will be determined in the field in consultation with the
Broughton HOA and planted within nine months of passage of the zoning ordinance or as directed
by the City of Colleyville based on the optimum planting seasons.
d) Tree planting in the proposed cemetery use areas shall match tree patterns in the
developed cemetery areas.
e) Bluebonnet Hills agrees to landscape the entire boarder backing up to Broughton
property with a consistent landscaping plan as outlined above. Dead trees or shrubs will be
replaced in accordance with the landscaping plan shown on the Master Plan, Exhibit B.
f) All planting will be irrigated.
Statement of Planning Objectives
11) Bluebonnet Hills will construct a minimum, 3-foot high ornamental iron/tubular fence
along Hall Johnson Road as shown in the Master Plan, Exhibit B. The existing chain -ling fence
will be replaced with the new fence.
12) Bluebonnet Hills will plant a solid 3-foot high shrub row along Hall Johnson as shown
on Exhibits B and H. The shrubs will be planted within three months from the passage of the
rezoning ordinance or during optimum planting season, whichever is less time. The shrubs will
be maintained at a height of 3 feet.
13) Bluebonnet Hills will plant evergreen trees as grave sites are developed consistent with
the current tree coverage. All trees and plants will be irrigated and will be replace on a timely
basis if they should die.
Conclusion:
Bluebonnet Hills appreciates the time that neighbors spent working with it to reach an agreement
and respectfidly request the support of the Planning and Zoning Commission and City Council.
Exhibit "C" - Zoning Exhibits
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