HomeMy WebLinkAboutOrdinances (O-23-2250)-09/19/2023ORDINANCE 0-23-2250
AN ORDINANCE CHANGING THE ZONING MAP OF THE CITY OF
COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON A PORTION OF
LOT 1, BLOCK 1, BOB MOORE SPORTS CENTER ADDITION, LOCATED
AT 6113 COLLEYVILLE BOULEVARD; BEING APPROXIMATELY 18.37
ACRES, LOCATED AT 6113 COLLEYVILLE BOULEVARD; AUTHORIZING
A SPECIAL USE PERMIT FOR A CEMETERY OR MAUSOLEUM USE;
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 to authorize
a Special Use Permit for a cemetery or mausoleum use on a
portion of Lot 1, Block 1, Bob Moore Sports Center Addition,
Case No. ZC23-013; 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 amend the City's 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 all the foregoing premises and findings are found to be
true and correct and are incorporated into the body of this
ordinance as if copied in their entirety.
Ordinance 0-23-2250
Page 2 of 6
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
changing the zoning on Lot 1, Block 1, of the Bob Moore Sports
Center Addition, located at 6113 Colleyville Boulevard,
excluding the carve -out parcel depicted in Exhibit A-1, by
authorizing a Special Use Permit for a cemetery or mausoleum
use, as depicted on Exhibit "A", Exhibit "A-1", Exhibit "B", and
Exhibit "C".
Sec. 3. THAT the above described tract of land shall be used only in
the manner and for the purposes provided by the Land
Development Code of the City of Colleyville as heretofore
amended, and as amended herein.
Sec. 4. 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 mausoleums as described in
Exhibit "B" and per the plans shown in Exhibit "C".
b. The following conditions shall apply to the site regardless of
any future phasing of improvements:
1. Grave site spoils are to be stored in the cemetery's
maintenance area.
2. The netting along the south property line shall be
extended to the west to fully cover the "baby land"
portion of the cemetery.
3. The existing wall/wrought iron fence along SH26 in the
existing Bluebonnet Hills cemetery park shall be
repaired and maintained to include:
a. Paint wrought iron
b. Repair damaged iron
c. Repair wall damage or distressed look
4. The roads within the existing park shall be repaired
(resurfaced).
5. Applicant will provide staff a five (5) year maintenance
plan for existing cemetery roads in addition to repairing
roads.
Ordinance 0-23-2250
Page 3 of 6
6. The dead plant material on site shall be removed and
high weeds maintained.
7. The following setbacks shall be applicable for the entire
property:
a. No less than 25' for grave sites or cemetery
improvements from the east property line; 12' from
the north property line; 20' along the west property
line adjacent to Colleyville Boulevard; and, 15' from
the west property line adjacent to Etheridge Auto.
b. No less than 250' for private mausoleums/crypts
from the west property line adjacent to Colleyville
Boulevard and 100' from the east property line.
c. No less than 250' for mausoleums from the east
property line and the west property line.
8. Private mausoleums shall not exceed 12'xl2'xl2'
9. The maximum height for community mausoleums
shall not exceed 25' in height.
10. The driving range shall remain for earlier of 7 years
from the approval date of this ordinance or upon
issuance of a building permit for the initial Phase 2
improvements.
c. The SUP approval shall allow the phasing of improvements.
Phase 1 shall be for the southwest portion of the property
and the following conditions shall apply:
1. Phase S shall be for the southwest portion of the
property (approximately 3 acres) as shown on the site
plan exhibit and shall be for family garden plots only.
2. The driving range use shall be allowed to remain and
operate until Phase 2 begins.
3. Within six (6) months following the approval date of
this Ordinance, the parking adjacent to Colleyville Blvd
(in front of the existing mausoleum building) shall be
removed and replaced with landscaping in excess of the
minimum standard and as approved by city staff.
4. No access from the subject property to Colleyville
Boulevard for customer/visitor/ceremonial use will be
allowed unless the full intersection and landscape
improvements identified for Phase 2 are made. Only
access for limited construction use will be permitted.
5. The separation of Phase 1 to the remaining area will be
by appropriate fencing as approved by city staff.
Ordinance 0-23-2250
Page 4 of 6
6. A full site plan submittal is required to be submitted for
Phase 1 and approved by the City to include the
following:
a. Tree retention/mitigation plan
b. Storm water management plan
c. Roadway design
d. Entrance feature, if any
e. a detailed use plan clearly identifying the types,
sizes and quantities of monuments to be installed in
each area of the Phase 1 (and Phase 2 at the time
of issuance of a building permit for the initial Phase
2 improvements); and
f. Photometric plan
d. The SUP approval shall allow the phasing of improvements.
Phase 2 shall be for the remaining portion of the property
and the following conditions shall apply:
1. Phase 2 shall be for the remaining portion of the
property (approximately 15 acres) as shown on the site
plan exhibit and shall be for all cemetery plots and
mausoleums.
2. The driving range use shall be completely removed
prior to Phase 2 beginning or within 7 years of approval
of the SUP.
3. The mausoleums shall be oriented with an east -west
orientation along the south boundary as shown on the
site plan attached as exhibit "C".
4. The frontage along Colleyville Boulevard shall
incorporate a wall/wrought iron fence design (3-foot
stone wall with stone columns every 16 to 24 feet & 3-
foot wrought iron fence on top), a water feature, and
landscaping as shown on the plans attached as exhibit
"D". Any entrance gates shall be recessed to allow for
sufficient vehicle stacking. Pedestrian access shall be
provided from the public sidewalk into the cemetery.
5. A 6-foot solid, board -on -board, wood fence shall be
installed along the north property line.
6. Drainage and swale/channel improvements shall be
made along the eastern property line. All drainage
calculation rates (CFS rates) shall be per the attached
drainage plan and as approved by the City Engineer.
Ordinance 0-23-2250
Page 5 of 6
7. An 8-foot masonry screening wall and landscape
improvements shall be made along the eastern
property line per the plans as shown in Exhibit "D":
• The eight foot wall shall be a minimum of 25 feet
from the east and north property lines
• The color of the wall shall be of an earth tone
• All landscaping shall be irrigated and maintained by
the cemetery
8. A full site plan submittal is required to be submitted for
Phase 2 and approved by the City to include the
following:
a. Tree retention/mitigation plan
b. Storm water management plan
c. Roadway design
d. Full landscape plan (to include wall/fencing and
landscaping along Colleyville Blvd)
e. Water entrance feature exhibits
f. a detailed use plan clearly identifying the types,
sizes and quantities of monuments to be installed in
each area of the Phase 2
g. Photometric plan
9. Nothing herein shall be considered as the only factors
for review and consideration of the site plan.
e. Any additional phasing shall require an amendment to the
Special Use Permit.
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 it has been found that there has been a change in
conditions in the above described property, it is now necessary
that it be given the above zoning classification in order to
permit its proper development and in order to protect the
public interest, comfort and general welfare, and requires that
this ordinance shall take effect immediately from and after its
passage.
Ordinance 0-23-2250
Page 6 of 6
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 6th day of
September 2023.
The second reading and public hearing being conducted on the 19th day of
September 2023.
APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 19TH DAY OF
SEPTEMBER 2023.
Mayor Bobby Lindamood Absent Mayor Pro Tern Callie Rigney Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye
Chuck Kelley, Place 5 Aye
ATTEST:
Christine Loven, TRMC
City Secretary
APPROVED AS TO FORM:
ZhittWyatt
City Attorney
CITY OF COLLEYVILLE
Callie Rigney
Mayor Pro Tern
Exhibit A-1 (CARVE -OUT PARCEL)
METES AND BOUNDS DESCRIPTION
0.7424 ACRE
CARVE OUT OF LOT 1, BLOCK 1, BOB MOORE SPORTS CENTER ADDITION
IN THE J. L. BYAS SURVEY, A-180
CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS
All that certain 0.7424 of an acre of land, out Lot 1, Block 1, Bob Moore Sports Center Addition, recorded in
Cabinet A, Slide 1442 in the Plat Records of Tarrant County, Texas (P.R.T.C.T.), and out of the tracts described in
the deed to Bobby Moore Family Limited Partnership, recorded in Volume 12902, Page 185; Volume 12902, Page
235 and Volume 12902, Page 240 in the Deed Records of Tarrant County, Texas (D.R.T.C.T.), in the J. L. Byas
Survey, A-180, City of Colleyville, Tarrant County, Texas and more particularly described by metes and bounds as
follows: (all bearings shown hereon are based on the record bearings of said Lot 1, Block 1, Bob Moore Sports
Center Addition)
COMMENCING at a 1/2" iron rod with a cap stamped "SPRY" found for the southwest corner of Parcel 100,
described in the deed to the State of Texas, recorded in Document Number D210133057 in the D.R.T.C.T., and
common to an angle corner of Parcel 98, described in the deed to the State of Texas, recorded in Document Number
D207035611 D.R.T.C.T., and common to the north corner of the tract to Edgar D. Ethridge, recorded in Document
Number D212153330 D.R.T.C.T., and in the southeast right-of-way line of Colleyville Boulevard (R.O.W. Varies),
then Notch 30' 13' 48" East — 312.01' along the southeast right-of-way line of said Colleyville Boulevard to the
POINT OF BEGINNING and the most westerly corner of the herein described tract;
THENCE North 30' 13' 48" East - 92.36' continuing along the southeast right-of-way line of said Colleyville
Boulevard, to the most northerly northwest corner of the herein described tract (point falls in rip rap), common to
the northeast corner of said Parcel 100, and the southeast corner of Parcel 102, described in the deed to the State of
Texas, recorded in Document No. D207304746 D.R.T.C.T., and in the south line of Lot 1, Block 1, Elmer Swim
School Addition, recorded in Cabinet A, Slide 4938 P.R.T.C.T.);
THENCE South 88' 48' 38" East - 232.10' along the north line of said Lot 1, Block 1, Bob Moore Sports Center
Addition to the northeast corner of the herein described tract, which point a 1/2" iron rod with a cap stamped
"SPRY 5647" found for the most northerly northwest corner of the 10.00 acre tract described in the deed to SCI
California Funeral Services, Inc., recorded in Document Number D215255151 D.R.T.C.T, bears South 88' 48' 38"
East — 225.6 F;
THENCE over and across said remainder of Lot 1, Block 1, Bob Moore Sports Center Addition, the following
courses and distances:
South 13' 52' 57" West - 106.58' to an angle corner of the herein described tract;
South 62' 48' 27" West - 62.14' to an angle corner of the herein described tract;
South 01 ° 40' 58" West - 36.1 F to a point on a curve to the right, having a central angle of 25' 54' 04", a
radius of 187.50', and a chord bearing and distance of North 72' 40' 41" West - 84.04;
Along said curve to the left, having an arc distance of 84.76', to the end of curve;
North 59' 43' 39" West - 134.80' to the POINT OF BEGINNING and containing 0.7424 or an acre of
land.
THIS METES AND BOUNDS DESCRIPTION IS ISSUED FOR THE PURPOSE OF ZONING
APPLICATION TO THE CITY OF COLLEYVILLE AND IS NOT INTENED FOR TITLE
TRANSFER.
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Exhibit "B" - Statement of Program Objectives
STATEMENT OF PLANNING OBJECTIVES
[BLUEBONNET HILLS FUNERAL HOME & MEMORIAL PARK EXPANSION]
[6113 COLLEYVILLE BLVD.]
Bluebonnet Hills Funeral Home & Memorial Park (hereinafter "Bluebonnet") has
been serving the Colleyville community for seventy years since 1953. Bluebonnet is
owned and operated by S.E. Cemeteries of Texas, Inc. and the real estate is held by SCI
California Funeral Services, Inc. (hereinafter referred to as SCI).
Bluebonnet provides necessary funeral services and facilities to the citizens of
Colleyville and surrounding communities. When it comes time to lay a loved one to rest,
the tranquility and beauty of Bluebonnet's facilities and memorial park is a precious
opportunity for the residents of Colleyville.
Bluebonnet wishes to continue to serve the community, but Bluebonnet's existing
memorial park is reaching capacity. Bluebonnet's approaching capacity would mean that
many residents who wish to be laid to rest in the place they called home, will not be able
to do so in the City of Colleyville, nor potentially even near their existing loved ones that
passed before them. In order to accommodate the needs of the community into the future,
the memorial park will need additional land area to provide burial plots and mausoleums
in the coming decades.
Bluebonnet's funeral home and memorial park is located at the northeast corner of
Hall -Johnson Road and Colleyville Boulevard. Directly to the north and adjacent to
Bluebonnet's memorial park is an approximate 19.11-acre tract of land currently operated
as the Bob Moore's Sports Center, being further described as follows:
Lot 1, Block 1, Bob Moore Sports Center Addition, recorded in Cabinet A,
slide 1442, Plat Records, Tarrant County, Texas and commonly known as
6113 Colleyville Blvd., Colleyville, Texas 76034 (hereinafter "North Parcel").
Considering the proximity of the North Parcel to Bluebonnet's existing memorial
park and it being directly adjacent thereto, the North Property is a sensible location for
Bluebonnet's expansion to continue to serve the community and to serve the families who
have loved ones resting at the current location. Another benefit of the expansion of
Bluebonnet's memorial park would be the ultimate preservation of beautiful green space
and enhancement of the aesthetic in the area.
SCI currently owns the rear, west half, being approximately 10 acres, of the North
Parcel (hereinafter, the "Rear Acreage"), and is leasing the property to the owners and
operators of the Bob Moore's Sports Center for operation of their golf driving range and
batting cages. Through their family partnership, the owners and operators of the Bob
Moore's Sports Center, Lisa M. Miller and Bobby Moore, currently own the remaining east
half, being approximately 9.11 acres, of the North Parcel which fronts Colleyville
Boulevard (hereinafter, "Front Acreage").
SCI is under contract to purchase the Front Acreage from Lisa M. Miller and Bobby
Moore's family partnership. The purchase agreement contemplates that upon the
purchase of the Front Acreage, the Bob Moore Sports Center and driving range will
continue to operate as an interim use, for at least seven years, until the future needs of
the community require additional burial space. Presently, Bluebonnet does not anticipate
utilizing all of the North Parcel immediately, with the exception of the current batting cage
area, being approximately 3 acres that abuts Colleyville Boulevard. Bluebonnet
anticipates to begin utilizing the batting cage area within the next year and expanding
thereafter as the community's current needs emerge.
The North Parcel is currently commercially zoned under the zoning designation
Shopping Center ("CC-2"). The City's Land Use Code allows for cemetery and
mausoleum use under zoning designation CC-2 with approval by the City Council of a
Special Use Permit ("SUP").
Accordingly, SCI, as owner of the Rear Acreage and with the joinder and approval
of the current owners of the Front Acreage, respectfully submits this SUP application for
consideration by the City of Colleyville. SCI would request that cemetery and mausoleum
use be approved for the North Parcel based upon the above -described plan which
includes the Interim use for Bob Moore's Sports Center's continued operation of the
driving range until the needs of the community require additional burial space.
Exhibit "C" — Site Plan
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