HomeMy WebLinkAboutOrdinances (Ordinance O-20-2112)-09/01/2020ORDINANCE 0-20-2112
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 3 L BYAS SURVEY, LOCATED AT 5713 COLLEYVILLE
BOULEVARD; AUTHORIZING A SPECIAL USE PERMIT FOR A
CEMETERY OR MAUSOLEUM; 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. Case ZC20-002; 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, among other things, to the character of the
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 for a Special Use Permit for a cemetery
and mausoleum, as depicted in the attached Exhibit "A" and
Exhibit "B".
Sec. 2. THAT the Official Zoning Map of the City of Colleyville be
amended to incorporate the zoning change approved herein.
Ordinance 0-20-2112
Page 2 of 4
Sec. 3. THAT the above described tract of land shall be subject to the
following conditions:
1. GENERAL
a. This Special Use Permit shall only apply to the uses in
combination of a cemetery and mausoleum as described
per the plans shown in Exhibit "B".
b. Grave site spoils are to be stored in the cemetery's
maintenance area.
c. No grave site or cemetery improvement shall be closer
than 25 feet to the east property line with the exception
of drainage improvements and landscaping as shown on
the zoning exhibit.
d. No private mausoleum/crypt shall be allowed within 100
feet of Hall -Johnson Road and the eastern boundary
shared with the Broughton subdivision as shown on the
zoning exhibit.
e. The existing mausoleum will be moved outside of the 100
foot setback.
f. The maximum height for mausoleums shall be 25 feet
where allowed.
g. A minimum 3 foot ornamental iron/tubular fence shall be
constructed along Hall -Johnson Road.
h. A minimum 3 foot shrub row shall be planted along Hall -
Johnson Road within the change of zoning area.
Drainage and swale/channel improvements shall be made
along the eastern property line and within the Broughton
Addition:
o Drainage conveyance to the north side of Lot 21 shall
be improved to direct discharge into Camden Green.
o A new concrete swale shall be installed to convey
drainage along the eastern portion of the cemetery
south to the existing drainage system in the
Broughton Addition, as shown in Exhibit "B".
Ordinance 0-20-2112
Page 3 of 4
o The swale/channel shall turn east and extend into the
Broughton open space area adjacent to Hall -Johnson
Road.
o The existing swale shall be cleaned and maintained by
the cemetery.
o All drainage calculation rates (CFS rates) shall be per
the attached drainage plan.
j. An 8-foot screening wall and landscape improvements
shall be made along the eastern property line per the
plans as shown in Exhibit "B":
o The 8-foot wall shall be a minimum of 22 feet from the
east property line except adjacent to Lot 21.
o The 8-foot wall shall be located on the west property
line of Lot 21 in addition to or replacement of the
existing wood fence or alternative as agreed upon by
the owner of Lot 21.
o The color of the wall shall be of an earth tone approved
by the adjacent residents.
o One over -story tree shall be installed for each adjacent
residential home for a total of 6 trees to be planted.
o The trees shall be of `evergreen' variety unless
otherwise requested by the adjacent home owner.
o All landscaping shall be irrigated and maintained by
the cemetery.
k. Subject to the signed agreements with the adjacent
subdivisions as shown in Exhibit "C".
Sec. 4. 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.
Sec. 5. 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. 6. 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 0-20-2112
Page 4 of 4
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Sec. 7. 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. 8. 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.
AND 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 6 AYES, 0 NAYS, ON THIS THE 1ST
DAY OF SEPTEMBER 2020.
Mayor Richard Newton
Absent
Place 1, Tammy Nakamura
Aye
Place 3, Kathy Wheat
Aye
Place 4, George Dodson
AYe
ATTEST:
e
Christine Loven, TRMC
City Secretary
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
Mayor Pro Tern Bobby Lindamood Aye
Place 5, Chuck Kelley Aye
Place 6, Callie Rigney Aye
6I>TY OFr,,OLLEYVILLE
Bo Lin(Pamood
Mayor Pro Tern
PU
Exhibit "A" - Location and Zoning Map
AG
AG AG
AG
GROSVENOR GRN
AG
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COLLEYVILLE fill
�. 5713 Colleyville Blvd
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DISCLAIMER:
This map and information contained in Rwere .d
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else Is
at that paays risk and without lability, to the O Subject Property j. !L7—
City of Colleyville, Its officials or employees for any
discrepancies, errors, or variances which may exist.
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EXHIBIT "C"
Broughton
Maintenance Association, Inc. (BMA)
Letter in Support of Bluebonnet Hill's Special Use Permit
August 21, 2019
Re. Bluebonnet Hills Special Use Permit & Broughton Maintenance Association's Support
To whom it may concern,
Since the beginning of 2018, the Broughton Maintenance Association, Inc. (Broughton's Homeowners
Association, BMA) has been diligently working with Bluebonnet Hills to make sure that any zoning
request from a AG District to a CC-1 District with a Specific Use Permit for cemeteries or mausoleums
submitted to the City of Colleyviile addresses our concerns as a community.
As a Board, we have personally met with many of our homeowners to make sure all of their issues were
addressed.
Bluebonnet Hills has made our community a proposal that we feel addresses all of those issues and
concerns. Therefore, we agreed to that proposal and we wanted to communicate to the City of
Colleyville that we are in support of a CC-1 District and a Specific Use Permit for cemeteries and
mausoleums for the following reasons:
In theirproposal, Bluebonnet Hills addresses our two primary concems brought forth by our Board and
by our homeowners:
1. First, it addresses the issue of water runoff, erosion control, and drainage. The proposed plans
aims to eliminate a major problem that has been affecting homeowners which is drainage and
run-off from Bluebonnet Hills.
2. Second, it addresses the issue of appearance, land-scaping, and set -back. As a community, our
homeowners were concerned about what impact any special use permit would have on the
homes that are along the property line. We are obviously also concerned, in general, by the
appearance of property that is in our community. We feel the proposed plans addresses those
concerns. There is a plan to make sure there Is a set -back from the property line, sufficient
landscaping to build a natural -looking property buffer, as well as general improvements to the
property that will make Bluebonnet Hills more aesthetically pleasing to look at.
In addition to those two concerns above, Bluebonnet Hills is also making a good faith commitment to
our neighborhood to make sure that our pond gets dredged due to run-off from their property.
If you have any questions regarding this letter, please let us know. In addition, if you need a
representative of our Board to speak at any meeting or to speak to one of the City members, please let
us know. Thank you for your time
Broughton
Maintenance Association, Inc. (BMA)
Signed,
The Broughton Maintenance Association, Inc. Board of Directors
Bryan Hoeller, Board Member
Neal Bondy, Board Member
Kerri Guf wski�B�oar`}dfMember
Jim Taylor, Board Member
Po�yler, Board Membe
Proposed Agreement Between Bluebonnet Hills Funeral Home and Memorial Park and
Broughton Homeowners Association
August5,2019
Background:
S.E. Texas Funeral Service, Inc. d/b/a Bluebonnet Hills Funeral Home and Memorial Park
("Bluebonnet Hills") desires to rezone 25.69 acres of its property located at 5713 Colleyville Road,
Tract 211 and 2802, Abstract 180 in the J. L. Byas Survey from AG Agricultural District to a CC-
1 Village Retail District with a Special Use Permit (SUP) for Cemeteries or Mausoleums. It is the
desire of Bluebonnet Hills Funeral Home and Cemetery and Broughton Homeowners Association
to reach an agreement between both parties in order for the Broughton Homeowners Association
to support the rezoning request.
I. Bluebonnet Hills Funeral Home and Memorial Park agrees to the following:
a) Removal of Sedimentation located in the Broughton Subdivision Retention Pond:
Bluebormet Hills will contribute $32,200.00• plus tax (if applicable) toward the dredging of the
existing retention pond located in the common area of the Broughton subdivision near the
subdivision entrance on Hall Johnson Road. Bluebonnet Hills will also agree to pay, if necessary,
up to an additional $4,000 for cost overages.
• The dredging will be done by a third -party contractor hired by the Broughton Homeowners
Association.
• Upon BMA'S fulfillment of their obligations under Section II (a) and (b) below, the funds
will be placed in a third -party escrow' account within 30 days of fulfillment of those
obligations by BMA, as a good faith assurance of Bluebonnet's commitment to Broughton
Homeowners.
• The work will be completed within 60 days of the zoning board's decision on Bluebonnet's
2019 rezoning bid contingent solely on BMA fulfilling their obligations under Section B
(a) and (b) below.
• The funds will be released on a draw schedule outlined in the invoice to the Broughton
Homeowners Association to pay the third -party contractor upon presentation to the trustee
of the third -party escrow account of the progress and final invoice for the dredging work.
• Copies of all invoices will be provided to Bluebonnet Hills.
b) Dminagg:
Historically, the runoff from Bluebonnet Hills was designed by the Broughton developer to drain
through the subdivision to the basins near the Broughton entryway. In order to minimize and better
control runoff into the subdivision, the following measures will be implemented subject to City of
Colleyville approval of the drainage plans:
1) Remove sediment and debris from the existing Swale located along the east property line within
three months form the passage of the ordinance approving the zoning, subject to the City's
approval. Bluebonnet Hills may retain a third -party to remove sediment and debris from the
existing swale along the cast property line. Take great care to protect existing trees located on
cemetery property along the eastern and northern property line during this maintenance effort.
Bluebonnet Hills agrees to replace any trees damaged during this process. Continue to maintain
this swale periodically and as necessary to minimize sediment buildup unless the City of
Colleyville requires an alternate process.
2) A new concrete Swale will be constructed by a third -party contractor hired by Bluebonnet Hills
parallel to the existing swale to provide additional collection of runoff from Bluebonnet Hills
subject to the attached exhibit entitled "Overall Site Plan -East Property Storm Drainage
Improvements". In addition, this new concrete swale will be constructed to run all the way to the
inlet pipe that feeds directly to the pond in Broughton to minimize future erosion and issues with
run-off. This exhibit will be included in the rezoning application. Required permit(s) must be
submitted to the City of Colleyvillc within three months from the passage of the ordinance
approving the zoning. Construction must begin within three months from the City of Colleyville
approval of required permits(s).
3) In order to reduce the water flow into both swales, part of the undeveloped portion of the
cemetery site will be regraded by a third -party contractor hired by Bluebonnet Hills directing the
waterway from or parallel to the property line toward the southeast corner of the site into the
existing greenbelt consistent with the original Broughton subdivision drainage plans, which flows
into the Broughton subdivision retention pond. A schematic drainage plan is included in the
attached exhibit entitled "Overall Site Plan -East Property Storm Drainage Improvements" and will
be included as an exhibit in the zoning request. A final drainage plan and required permit(s) must
be submitted within three months from the passage of the ordinance approving the zoning.
Regrading must begin within six months from City -approval of the final drainageplan and required
permit(s), or a later date as determined by the City of Colleyville.
4) Bluebonnet Hills will hire a third -party contractor to modify the drainage from the cul-de-sac,
located near the northeast comer of the site, to redirect and minimize water discharges in the
residential street. A schematic design will be included in the rezoning application. Final
engineering plans, if required, must be submitted to the City of Colleyville within three months
from the passage of the ordinance approving the zoning, and construction must begin within six
months from staff approval of the engineering plans unless modified by the City of Colleyville at
a later date.
5) Bluebonnet Hills will take great care to reduce any unnecessary runoff to existing homeowners
during the construction and regrading process. In addition, the drainage plan must be designed
with that same goal in mind — reduce unnecessary runoff to existing homeowners.
c) Erosion Control: (Also refer to the drainage improvement section above.)
1) All undeveloped cemetery areas will be sodded with a ground cover and maintained in a healthy
growing condition by providing adequate water, fertilizer, or other necessary maintenance.
2) All future site development must comply with City of Colleyville drainage and erosion control
regulations in effect at the time of future site development.
3) Excess grave site spoils will be temporarily stored in the cemetery's maintenance area and
periodically moved off site.
d) Setback:
Cemetery plots and interments are prohibited within a 25-foot setback from the east property line
as shown on the Master Plan.
e) Landscanine:
1) Plant a minimum of 25 Nellie R. Stevens Holly shrubs in the 25-foot setback area as shown on
the Master Plan. Initially, shrubs will be 6 feet high and can mature up to 20 feet high with a 15-
foot spread. Planting will include irrigation-
2) Plant a minimum of 55 #7 size Texas Privet in the 25-foot setback as shown on the Master Plan.
The Texas Privets can mature up to a height of 10 feet with an 8-foot spread. Planting will include
irrigation.
3) Final plant location will be detemuned in the field in consultation with the Broughton HOA and
planted within nine months of passage of the ordinance or as directed by the City of Colleyville
based on the optimum planting seasons.
4) Tree planting in the proposed cemetery use areas shall match tree patterns in the developed
cemetery areas.
5) Bluebonnet Hills agrees to landscape the entire boarder backing up to Boughton property with
a consistent landscaping plan as outlined above, including areas not included in the re -zoning
proposal. Any existing dead trees or shrubs will be replaced according to the plan.
0 Hall Johnson Road:
Bluebonnet Hills agrees to retain a third -party contractor to construct a minimum 3-foot high
ornamental/tubular iron fence will be constructed along Hall Johnson Road from the existing
cemetery entrance on Hall Johnson to the southeast comer of the site, as shown on the approved
Master Plan. This will include replacement of the existing chain -link fence. The fence must be
installed within six months from the passage of the ordinance.
(H) Broughton Homeowners Association agrees to the following:
a) Upon execution of this agreement, The Broughton Maintenance Association, Inc. (BMA) will
provide a letter of support to the Colleyville Planning and Zoning Commission and City Council
prior to the respective public hearings indicating that Bluebonnet's proposal as it pertains to BMA
is satisfactory and that BMA is not opposed to and supports the Special Use Permit re -zoning
request. This letter shall be signed by the board members of the BMA and reviewed and approved
by Bluebonnet Hills before submittal to the Colleyville Planning and Zoning Commission and City
Council.
b) A representative of the HOA Board will make a good faith effort to attend all public hearings
to communicate BMA's support of Bluebonnet Hill's special use permit zoning case as it relates
to BMA.
S.E. Texas ger ervic LC b/a Bluebonnet Hills Funeral Home and Memorial Park:
Signature D toPrint name a �t` /t?c
Broughton
Homeowners Association:
Signature l ���1—� tttt � Date_ IZ
Print name and title a.,AOJ AI�j pray J1jlq
ROBERT REEVES
& Associates, Inc.
December 16, 2019 PLANNING AND ZONING CONSULTANn
Stephanie Butler, Stone Crest Estates HOA
P.O. Box 332
Colleyville, Texas 76034
RE: Bluebonnet Hills Funeral Home and Cemetery Response
Dear Ms. Butler.
The following is our amended response for Item (d) and the last paragraph in response to your
November 18 email.
a) InteErity of the retaining wall:
We have reaffirmed with the City to verify that our existing wall is in compliance with all code
requirements. The City has stated that we are in compliance. We believe that the planting of
ground cover in the undeveloped portion of the site and the removal of grave site spoils have
stabilized, the soil and addressed the erosion issue along Hall Johnson. A commitment to these
provisions will be included in our new zoning application.
b) Spirrace water runoff calculations•
Attached is our current drainage area plan with runoff calculations. The staff has reviewed this
plan and agrees with the calculations.
c) Fence:
We are currently accepting bids to construct a minimum 3-foot high wrought iron/tubular fence
along Hall Johnson Road extending from the existing cemetery entrance closest to Coventry Court
to the southeast corner of our property. The existing chain -link fence will be replaced with the
new fence. We anticipate that the fence will be installed before the completion of the rezoning
public hearing process.
d) I ands;
We agree to plant a solid three-foot high shrub row along Hall Johnson frontage adjacent to our
rezoning request, see'attached site plan and additional exhibits. The shrubs will be planted within
three months from the passage of our rezoning request or during optimum planting season.
whichever is less time. The shrubs will be maintained at a height of three feet. We also agree to
Founders Square - 900 Jackson Street • Suite 160 • Dallas, TX 73202 • (214) 749.0530 • Fax (214) 740:5605
rob.rieVes@sbcglobal.net
plant evergreen trees as grave sites are developed, which will be consistent with the current tree
coverage. All trees and plants will be irrigated and will be replaced on a timely basis if they should
die.
We respectfully request that your board support our request by signing this letter and agree to
provide a letter of support to the City. In addition, a member of your board agrees to make a best
effort to attend all public hearings and speak in support of or request.
Respectfully:
Robert Reeves, President
Robert Reeves & Associates, Inc.
S.E. Texas Funeral Services, LLC
d/b/a Bluebonnet Hills Funeral Home and Memorial Park:
Signature !/( Date:
Print name and title ? ho55r.
Stone Crest Estates Homeowners Association:
Signature Date:
Print name and title