Available - Cedar Hill

Transcription

Available - Cedar Hill
NOTICE OF CITY COUNCIL BRIEFING SESSION
JANUARY 11, 2011
T.W. “TURK” CANNADY-CEDAR HILL ROOM
285 UPTOWN BLVD. – BLDG. 100
CEDAR HILL, TEXAS
6:00 P.M.
AGENDA
I.
Call the meeting to order.
II.
Briefing on Code Enforcement new Permit Programs.
III.
City Manager Reports:
a. City Council Calendar/Upcoming Events.
b. City Operations.
IV.
Conduct a briefing session to discuss agenda items for 7:00 p.m.
regular meeting.
V.
Adjourn.
I certify that the above notice of meeting was posted in accordance with the Texas
Open Meetings Act on the 7th day of January 2011.
Lyn Hill
City Secretary
This facility is wheelchair accessible. If you plan to attend this public meeting and you
have a disability that requires special arrangements, please call 972-291-5100 Ext. 1011 or
(TDD) 1-800-RELAY TX (1-800-735-2989) at least 48 hours in advance. Reasonable
accommodations will be made to assist your needs.
I certify that the attached notice and agenda of items to be considered by the City
Council was removed by me from the Government Center bulletin board on the ____ day
of _____________, 201l.
Name _____________ Title_______________
NOTICE OF CITY COUNCIL MEETING
JANUARY 11, 2011
T.W. “TURK” CANNADY-CEDAR HILL ROOM
285 UPTOWN BLVD. – BLDG. 100
CEDAR HILL, TEXAS
7:00 P.M.
MISSION STATEMENT: The mission of the City of Cedar Hill is
to deliver the highest quality municipal services to our
citizens and customers consistent with our community
values.
VISION STATEMENT: We envision Cedar Hill as a premier city
that retains its distinctive character; where families and
businesses flourish in a safe and clean environment.
AGENDA
I.
Call the meeting to order.
II.
Pledge of Allegiance.
III.
Invocation – City Council Member Cory Spillman.
IV.
Presentation:
V.
1.
Presentation to the Muscular Dystrophy Association from the Cedar
Hill Fire Fighters Association.
2.
Presentation by the Lake Ridge Charitable Foundation, Inc. and
the Lake Ridge Property Owners Association to the beneficiaries of
the 3rd Annual Lake Ridge Community Charity Golf Tournament:
Zula B. Wylie Public Library, Cedar Hill Recreation Center and
Cedar Hill Food Pantry.
Distinctive Character Presentation:
1.
Present Certificate of Recognition to Miranda Ynostrosa, fourthgrade student of Waterford Oaks Elementary School – S.T.A.R.
Student Award for the month of January.
City Council Agenda
VI.
VII.
2
January 11, 2011
Public Hearing:
1.
Case No. 10-21 – Conduct a Public Hearing and consider a request
for a Conditional Use Permit (CUP) to serve alcoholic beverages in
conjunction with a restaurant located at 638 Uptown Blvd.; Suite
120, requested by Gultida Pisensnakornkit on behalf of Suzushii Sushi
& Grill Restaurant.
2.
Case No. 10-24 – Conduct a Public Hearing and consider a request
for a change in zoning from “LR” – Local Retail to “PD-MF” –
Planned Development for Multi-Family on 13.477 acres of land out
of Abstract 1472, generally located at the northwest corner of
Pioneer Trail and Uptown Blvd.; requested by Brad Walters of
Forestar.
3.
Case No. 10-25 – Conduct a Public Hearing and consider a request
for a Conditional Use Permit (CUP) to operate a Used Merchandise,
Furniture, Antique Shop, Rummage, Second-Hand Store (Indoor
Only) within a Local Retail zoning district located at 213 North
Highway 67, Suite 700-A; requested by David George of Kite Realty
Group of Plato’s Closet.
4.
Case No. 10-29 – Conduct a Public Hearing and consider the RePlat of Lots 4 & 5, High Meadows Industrial Park Addition into Lots
4R-A, 4R-B and 5R, High Meadows Industrial Park Addition, being
13.344 acres of land out of Abstract 1218, generally located on the
northeast corner of High Meadows Way and Independence Way;
requested by David Reaves on behalf of Craig Johnson of Pep
Wear.
Consent Agenda:
The Consent Agenda includes routine items that may be acted upon with a
single vote. Any City Council member may remove items from the Consent
Agenda for separate discussion and consideration.
1.
Consider approving the minutes of the special meeting of
December 7, 2010 and the regular meeting of December 14, 2010.
2.
Consider adoption of a) Ordinance No. 2011-427 amending the
2009-2010 operating funds’ budgets and b) Ordinance No. 2011428 amending the capital funds’ budgets.
3.
Case No. 10-20 – Consider approving, in accordance with the
Planning and Zoning Commission’s motion, the Site Plan of a 31,565
City Council Agenda
3
January 11, 2011
sq. ft. non-residential building on Lot 5, High Meadows Industrial
Park Addition, generally located on the northeast corner of High
Meadows Way and Independence Way; requested by David
Reaves on behalf of Craig Johnson of Pep Wear.
VIII.
Citizens Forum.
IX.
Regular:
X.
1.
Consider adoption of Resolution No. R11-317 authorizing the Mayor
to execute an Interlocal Agreement with the City of DeSoto to
provide for collection sharing between the Zula B. Wylie Public
Library and the DeSoto Public Library.
2.
Consider adoption of Resolution No. R11-318 establishing the Cedar
Hill Tourism Advisory Board.
3.
Consider appointment of Michael Petty as Alternate Judge of the
Cedar Hill Municipal Court.
4.
Review and consider a request by In-N-Out Burger for an exception
to the City of Cedar Hill Sign Regulations Section 4-244, (2), b. 3 & 4.
to allow a sign area on the building of 263 square feet and a logo
height of 6.25 feet on Lot 2R, Block B, Pleasant Run Farms more
commonly known as 905 N. Hwy. 67.
5.
Review and consider a request by In-N-Out Burger for an exception
to the City of Cedar Hill Sign Regulations Section 4-244, (1), D. 2. (2)
a. Attachment A, to allow a detached sign with 2 uprights and a
sign area of 440 square feet on Lot 2R, Block B, Pleasant Run Farms
more commonly known as 905 N. Hwy. 67.
Adjourn.
I certify that the above notice of meeting was posted in accordance with the
Texas Open Meetings Act on the 7th day of January 2011.
Lyn Hill
City Secretary
City Council Agenda
4
January 11, 2011
This facility is wheelchair accessible. If you plan to attend this public meeting and
you have a disability that requires special arrangements, please call 972-2915100 Ext. 1011 or (TDD) 1-800-RELAY TX (1-800-735-2989) at least 48 hours in
advance. Reasonable accommodations will be made to assist your needs.
PREMIER STATEMENTS
CEDAR HILL HAS DISTINCTIVE CHARACTER
CEDAR HILL HAS INTEGRATED, SAFE AND EFFICIENT INFRASTRUCTURE
CEDAR HILL IS SAFE
CEDAR HILL IS CLEAN
CEDAR HILL HAS TEXAS SCHOOLS OF CHOICE
CEDAR HILL HAS VIBRANT PARKS AND NATURAL BEAUTY
CEDAR HILL HAS A STRONG AND DIVERSE ECONOMY
CITY COUNCIL VALUES
CITIZEN INPUT AND PARTICIPATION
ACCOUNTABILITY AND RESPONSIVENESS
DIVERSITY AND RESPECT FOR INDIVIDUAL DIFFERENCES
HIGHEST ETHICAL STANDARDS AND INTEGRITY
TEAMWORK AND REGIONAL COOPERATION
EXCELLENCE AND CONTINUOUS IMPROVEMENT
I certify that the attached notice and agenda of items to be considered by the City
Council was removed by me from the Government Center bulletin board on the ____ day
of _____________, 201l.
____________________ ________________________
Name
Title
CITY OF CEDAR HILL
REQUEST FOR PLACEMENT ON CITY COUNCIL AGENDA
Date of Request:
Action Requested:
December 7, 2010
Requested Agenda Date:
January 11, 2011
Other
Case No. 10-21 - Conduct a Public Hearing and consider a request for a Conditional Use Permit (CUP)
to serve alcoholic beverages in conjunction with a restaurant located at 638 Uptown Blvd., Suite 120,
requested by Gultida Pisensnakornkit on behalf of Suzushii Sushi & Grill Restaurant.
Summary of Item Suzushii Sushi & Grill Restaurant is a new restaurant proposed in a lease space on
Uptown Blvd., across from Wal-Mart. The property is zoned Local Reail (LR) and restaurants that serve
alcoholic beverages are an authorized use in this district provided the City Council first issues a
Conditional Use Permit (CUP).
There are no public schools, churches, public hospitals or residentially zoned areas in the vicinity and
thus this application meets the separation requirements as stated in the City’s Alcoholic Beverage
regulations (Section 4.1.4 Cedar Hill Zoning Code).
The Planning Department has reviewed the enclosed site plan and finds it in general compliance
with City codes, policies and ordinances.
As with all CUP requests, a public hearing must be conducted before consideration. Notice of this
hearing was published in The Focus Daily News and mailed to property owners within 200 ft.
The Planning & Zoning Commission conducted its public hearing on this request on December 7,
2010. No one other than the applicant spoke regarding this request. The Commission, by a vote of
6-0, recommended approval of this request, as presented.
Recommended Action: Conduct a public hearing and concur with the Planning & Zoning
Commission’s motion to approve this request, as presented.
Fund Source (if required)
N/A
Briefing Item, Consent or Regular Agenda:
Public Hearing
Director/Recommended Department:
Rod W. Tyler, Director of Planning
Contact and Phone Number:
Rod W. Tyler, 972-291-5100 ext. 1083
Notes:
Attachments:
yes
If yes, how many pages: xx
City of Cedar Hill
Case 10-21
Conditional Use Permit (CUP)
For Restaurant with Alcoholic
Beverages in the LR District
50
0
50
100
Map Printed - Nov. 2010
Cedar Hill Planning Department
Aerial Photography - Spring 2009
150 Feet
1-inch = 150-feet
11
33
C
C ll aa rr kk
.
638 Uptown Blvd., Suite 120
1952 Sq. Ft. (35-ft X 55-ft)
88
22
11 33
Subject
Property
88 22
U
U pp tt oo w
w
nn
C
C ll aa rr kk
200-foot
Notification area
Application for
Conditional Use
Permit with
Alcoholic Beverage
/..\yite Plan
FILING DATE:
_
to "3 B
ADDRESS OF PROPERTY
J
su IT£.
120) Q~l)A (f2- H-ILL­
~eshyurtVYlt"""-l
TYPE OF BUSINESS
_
LoCAL RETAIL O\JERLAy
EXISTING ZONING
~LJGT\ DA
APPLICANT'S NAME
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APPLICANT'S ADDRESS
CITY, STATE, ZIP
TELEPHONE
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FAX NUMBER
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Applicant's Signature
Applicant's Printed Name
PROPERTY OWNER'S NAME
SANDLER: CEDfrR Hill TIf L-n:>.
PROPERTY OWNERS'S
MAILING ADDRESS
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CITY,STATE,ZIP
TELEPHONE
(972) Co l2 - Zhoo
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FAX NUMBER _(__9;""",:,7~~)~ ....9-=8__
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Fo/' City Staff Only
Case Number
Amount Rece.lved
Sign Fee Paid Date
_
Date of Appticatlon_____ Application Recei¥ed bV
_
Ca$h - CrdtCard - Check Numbe:r
_
Amount ReceiYed
_
_
Casb - Cf:edit Cwd - Check Number
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OCT 0 7 2010
1)
Submittal Documents Verification
Owner shall submit a Site Plan in conformity with all requirements of Ordinance No. 2001­
64, Section 2.6 and in addition thereto shall attach to this Application for Conditional Use
Permit.
A
Interior Design Plan including location of all waiting areas, restaurant seating areas
reflecting the number of seats, kitchen, storage and serving areas for all food and
alcoholic beverages, dance floor, gaming devices, and electronic amusement
machines.
B.
Site Plan shall reflect the specifically delineated area for which the Conditional
Use Permit for restaurant with Alcoholic Beverage Site Plan and all areas
necessary to provide adequate and necessary ingress-egress, parking and signs.
Only within the area specifically delineated for "Alcoholic Beverage Sales" may
Alcoholic Beverages be sold for consumption on premises. Provided, however, the
Holder of a Mixed Beverage Permit operating an accessory use within a Hotel that
includes the designation of Conditional Use Permit with Alcoholic Beverage Site
Plan may deliver mixed beverage, including wine and beer, to individual rooms of
the hotel pursuant to Section 28.01 (Beverage) of the Alcoholic Beverage Code of
the State of Texas.
C.
Parking Requirements shall be shown on the site plan submitted in connection
with the Conditional Use Permit with Alcoholic Beverage Site Plan request for a
restaurant.
Under these guidelines parking must be
provided off-street,
the
following ratios, to-wit:
1.
D.
One (1) parking space for per 100 square feet
An artist's rendering for the proposed restaurant which shows initial landscaping
that conforms to the ordinance, location of the proposed exterior signs, and all
other exterior features.
E.
Sign layout that reflects size, location, wording, material, color, lighting and all
other aspects relative to the signs. No outside signage shall include any reference
to either words or symbols relating to alcoholic beverages or the word "club".
F.
Narrative description of the planned activities in the restaurant which includes
projected breakdown of revenues between food sales and sales of Alcoholic
Beverages and any use of the restaurant premises for dancing, gaming devices
and / or electronic amusement games. Hours of operation shall be limited from
11 :00 a.m. to 1:00 a.m.
Copies of all applications and information filed or to be filed with the State of
G.
Texas for a Mixed Beverage or Private Club Permit.
H.
Legal description of the property for which the Conditional Use Permit with
Alcoholic Beverage Site Plan is requested. The description shall include the
distance and bearing of the point of beginning from the nearest intersection of
streets and roads and reflect the boundary on a sketch.
I certify that I am the owner or operator of the restaurant to be requesting a Conditional Use
Permit approval with an Alcoholic Beverage Site Plan. I have submitted the above referenced
information to the City of Cedar Hill City and hereby acknowledge I have received a copy of
Ordinance No. 85-778, amending the Comprehensive Zoning Ordinance No. 2001-64, as
amended, and affirm that I shall abide by and operate the restaurant pursuant to all provisions of
zoning Ordinance No. 2001-64, as amended and all other applicable City Ordinances if the
Conditional Use Permit with Alcoholic Beverage Site Plan is granted.
~~-
Owner or Operator
ti.J~~DIf' f(S.E~NA-/Cafl-IJ I/-(T
Print Name
Before me, the undersigned authority on this day personally appeared
'p,se-srl q k· .
_G_:::1--,-V~\_-h_&l_--""-
----,,,
being personally known to me, and after being first duly sworn by me, upon his oath, deposed and said that the matters
stated in the above and foregoing instrument are true and correct and that he has personal knowledge of same.
~~;.;.;...;.;.~~.;..;;.;;_'7~--f1\.---
0GtUbL V ,
QrnlL\lArtJ1A.I~or
1/
daY of
20
I0
Notary Public
Dallas County, Texas
My Commission Expires:
\ ~30, '~20l4
~Ci0""~
I ".
DC
(( 'omplete this
, 1-1 ~
-
j-..,~ .....
i
.
~lowner or operator ofrestauram to be zoned with a ('UP with Alcoholifr/Ji!l'eraJ; ,l/tlIlf)fI1'ishes to be
represemed by another in lhi5 zoning requesl.)
~1t.Y Of C~
~··~u·
•••• .<1.:(1 ~i
·1.J.
The undersigned is the owner of the property and wishes to ap
Permit with Alcoholic Beverage Site Plan pursuant to this applica . and a
given to be my agent or representative in this matter.
0
~ -;J
~'''"''''
,)~~~.,~f.~
f~~ri
c;:./
Print Name
WENDY G. MCDOWELL
Notary Public. State of Texas
~.~-:~i My Commission Expires
':t'A{j~'~
JulV 29, 2014
Before me, the undersigned authority on this day personally appeared
':1lJ () L C,lA.lt..trb U~
<
being personally known to me, and after being first duly swom by me, upon his oath, deposed and said that the matters stated in
the above and foregoing instrument are true and correct and that he has personal knowledge of same.
Witness My Hand and Seal of Office, this, the
30
My Commission Expires:
RECT'!T\r~"-~
r·, ~, f"I, l . . '
OCT 07 2010
City of C,~~ Hill
"EXHIBIT A"
Legal boundary description of the area of request for
Conditional Use Permit with Alcoholic Beverage Site Plan:
I certify that to the best of my knowledge this is an accurate description of the property upon which I have
requested a change in zoning. I understand that I am fully responsible for the accuracy of the legal
description given above.
~
DATE_[O,
7'- (0
,20
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1\
L1CANT'S Signature
G()~-r~
PRIN
DATE
~NfHu7fLNJL(T
Na
1/3d
PRINT~t~a~~KERRAU1rn.C
. ....t-~=.r.. . t. .,=.'·~". . ,. .;-T••'\OCT 0 7 2010
C3ty e{ C,~~ Hili
f~TEXAS
. ­ \ :ALOOHOLIC
~! 7 :BEVERAGE
~ ",,- "=COMMISSION
I
On-Premise Prequalification Packet
Type of On-Premise License/Permit
I 0
BG Wine and Beer Retailer's Pennit
OBE Beer Retail Dealer's On-Premise License
.l 0
0
BL Retail Dealer's On-Premise Late Hours License
BP Brewpub License
V
Wine & Beer Retailer's Permit for Excursion Boats
l O Y Wine & Beer Retailer's Permit for Railway Dining Car
o
I
---··_·~---_·!~·_·~!_~~~··~:~-=~~~-~~~~~!_-_·_----_··--.-- . -.-------..---.--
0
0
0
0
0
0
LB
MI
CB
FB
PE
RM
L-ON (1/2009)
Mixed Beverage Late Hours Permit
Minibar Permit
Caterer's Pennit
Food and Beverage Certificate
Beverage Cartage Permit
Mixed Beverage Restaurant Permit with FB
I Indicate Primary Business atDthis Location-.-.-- ---..---..-------..---..-.--..- --------.-----..----..- . --..---.-. - - ------.-.--.-. -.- -.---..-.-.- . ----- - . -.-.-.-.- ­
II
~ Restaurant
D
D
Bar
Sexually Oriented
D
Sporting Arena, Civic Center, Hotel
M~~I~neous~~~~~~~~~~~~~~~~~~~~~~
Trade Name of Location
I
I Suzushii Sushi & Grill
I
~------- -----------.. -.--.-- ----.-----.- --------- -.- .--- -------.- ------ .-.--.. ---- -.- . -.-.- -- -. ----- .--- -------- ----- ------ -- .-----.--.-.------.------.. --- .-. _. --- .-. ----.----- -.. -.----- .--. ----. --------.--..-....-- --1
I Location Address
I
! ~~ U(ltO~-':lIV~L~J!i~e 1~()
.
.....
. County
Cedar Hill
Mailing Address
. . . State [ZiP Ccide
Dallas
City
817
I Type of Owner
I D Individual
D Partnership
D Limited Partnership
I D Limited Liability Partnership
L
181
D
D
D
.
TI<_J?~Q~.!l.~.
915 - 4359
Corporation
Limited Liability Company
Joint Venture
Trust
D
D
City/County/University
Other ~~~~~~~~~~~~~_
I Owner of Business/Applicant
Kit-Manee, II, Inc.
Last Name
First Name
Pisesnakornkit
Last Name
Pisesnakornkit
Last Name
Patha 01
First Name
Gultida
First Name
!
Page 1 of 4
I
TX I 75104-3507
State Zip Code
r-~~iX!~~~~1fc!_~-:·-------A1ternate-PhoneI;jo-:----_· -~rti~~~ajiAddress
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MI
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Form L-ON
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C i ty o f C e d a r H il l
28 5 U p t ow n B lv d . B l d g. 1 00
C e d a r H i ll, Te x a s 75 1 04
9 72 -2 91 -5 1 00
fa x 9 72 -2 91 -7 2 50
November 24, 2010
NOTICE OF PUBLIC HEARINGS
Proposed Conditional Use Permit
The City of Cedar Hill has received the following request for a Conditional Use
Permit. As with all such requests, the Planning and Zoning Commission and City
Council are seeking public comment regarding this matter.
NOTICE is hereby given to all interested persons that a public hearing will be
conducted to consider Case No. 10-21; a request by Gultida Pisensnakornkit on
behalf of Suzushii Sushi & Grill Restaurant for a Conditional Use Permit (CUP) to
serve alcoholic beverages in conjunction with a restaurant. The restaurant is
zoned Local Retail and is located at 638 Uptown Blvd., Suite 120.
PLANNING AND ZONING COMMISSION
TIME:
DATE:
LOCATION:
6:00 P.M.
Tuesday, December 7, 2010
Turk Cannady – Cedar Hill Room
285 Uptown Blvd. Building 100
Cedar Hill, TX 75104
CITY COUNCIL
TIME:
DATE:
LOCATION:
7:00 P.M.
Tuesday, January 11, 2011
Turk Cannady – Cedar Hill Room
285 Uptown Blvd. Building 100
Cedar Hill, TX 75104
All interested persons are invited to attend and make comments. Written
comments will also be accepted. For more information regarding this request
please contact the Planning Department at (972) 291-5100 Ext. 1081 or in writing
to City of Cedar Hill, Attn: Planning Department, 285 Uptown Blvd. Bldg. 100,
Cedar Hill TX. 75104
Respectfully,
Rod W. Tyler
Director of Planning
SANDLER CEDAR HILL 3 LTD
PRESTON PK FIN CTR E TWR
t965 PRESTON PARK BLVD STE 100
PLANO, TEXAS 75093-5170
Gultida Pisesnakornkit
311 Valley Spring Drive
Arlington, TX 76018
CEDAR HILL SHOPS LLC
PO BOX 810490
DALLAS, TEXAS 75381-0490
TOWN CENTER CEDAR HILL LTD
SUITE 215
1516 S BOSTON AVE STE 215
TULSA, OKLAHOMA 74119-4013
NARRATIVE DESCRIPTION OF ACTIVITIES IN SUZUSHII SUSHI & GRILL
Suzushii Sushi & Grill will be served Japanese food such as teriyaki dishes, Yakitori
sushi and sushi rolls, asian fusion food such as caviche, spicy noodle, Pad thai.
We will serve beverage such as Coffee, Ice tea, Soda and Thai Tea.
We will serve Beer (Domestic beer and Imported-Japanese beer)
We will serve Sake (Hot and Cold Sake)
We will serve Wine (White wine, Red wine, Merlot )
We will serve Liquor (Martini will be the most in our menu)
We will not do any gaming device, dancing floor, or electronic amusement.
Average food sales shall be 80 % and Sales of Alcoholic shall be 20%
Our operation time will be
Monday - Friday ( Lunch) 11:00 am. - 3:00 pm.
Monday - Friday (Dinner) 4:30 pm. -10:00 pm.
Saturday (All day) 11:00 am. - 10:00 pm.
Sunday (All day) 12:00 pm. 9:30 pm.
.-' '. TqriRD""
;
~-J
NOV () 5 2010
C ity of C eda r Hill
285 Uptown B lvd. B ldg. 100
C e dar H ill, Te xas 75104
97 2-291 -5100
fa x 97 2-291 -7250
TO:
Planning and Zoning Commission
THROUGH:
Rod Tyler, Director of Planning
FROM:
Don Gore, Planner
SUBJECT:
Case #10-21 Conditional Use Permit Request
To Serve Alcoholic Beverages for Suzushi Sushi and Grill
DATE:
December 7, 2010
APPROVAL PROCESS: The recommendation of the Planning and Zoning Commission will be
forwarded to the City Council for consideration on January 11, 2011.
ITEM SUMMARY: The applicant is requesting a conditional use permit to allow for the sale of
alcohol beverages in a 1,925 square foot restaurant, located at 638 Uptown Blvd. Ste. 120.
This 3.932-acre site is platted and several retail and professional offices are operating within
the same shopping strip center. The applicant has expressed that mixed drinks, sake, wine
and beer will be sold in conjunction with Japanese style food such as sushi and teriyaki
dishes. The applicant explained there will be no gaming devices, dance floor or electronic
amusement on the premises.
STAFF RECOMMENDATION: This application complies with city regulations therefore Staff
recommends approval of the proposed conditional use permit, as presented.
APPLICATION SUBMITTAL DATE:
October 7, 2010 (Original Application)
November 5, 2010 (Revised Submittal)
SURROUNDING ZONING AND LAND USES:
Subject Property: “LR” – Local Retail District (retail uses) and “UT” – Uptown Overlay District
(mixed use)
North
“LR” – Local Retail District Cedar Hill Town Center Shopping
(retail uses) and “UT” – Center
Uptown
Overlay
District
(mixed use)
South
“LR” – Local Retail District Undeveloped Property and Retail
(retail uses) and “UT” – Shell building
Uptown
Overlay
District
(mixed use)
East
“LR” – Local Retail District Citizens National Bank and Taco
(retail uses) and “UT” – Bueno Restaurant
Uptown
Overlay
District
(mixed use)
West
“LR” – Local Retail District Wall Mart Retail Store
(retail uses) and “UT” –
Uptown
Overlay
District
(mixed use)
Discussion: The subject property and adjacent properties are designated as “LR” – Local
Retail District and “UT” – Uptown Overlay District, which allows restaurant and retail uses.
Section 4.1.4 of the Zoning Ordinance only allows the sale of alcohol in conjunction with a
restaurant.
LANDSCAPING REQUIREMENTS:
Landscaping requirements were previously approved
Case No. 08-07SP April 8, 2008. The landscape requirements specified in the Zoning
Ordinance requires parking areas to be screened from the right of way with a landscaped
hedge, earthen berm or masonry wall minimum of 3’ in height. After an inspection of the
site there are Tam Junipers along Uptown Blvd. to screen the parking areas. The applicant
complies with the landscape requirements specified in Section 5.2.2 of the Zoning
Ordinance.
ALCOHOL BEVERAGE ORDINANCE REQUIREMENTS: Section 4.1.4 of the Zoning Ordinance
prohibits the sale of alcoholic beverages within certain distances from various uses. The
measurement requirements to be used by the ordinance are from front door to front door
and along street right-of-ways.
•
The Zoning Ordinance prohibits establishment serving alcohol within 300 feet of a
Church, Public School, Public Hospital or residentially-zoned property. The existing
restaurant is not within 300 feet of a Church, Public School, Public Hospital or
residentially zoned property.
•
The Zoning Ordinance requires the applicant to notify all public schools within 1,000
feet of requests of this nature. The existing restaurant is not located within 1,000 feet
of a public school.
•
The Zoning Ordinance requires the person operating the restaurant holding an
approved Alcoholic Beverage Site Plan on a quarterly basis, no later than on the
10th day of the month following each quarter, file with the City Secretary an affidavit
on an officially approved form provided on the City of Cedar Hill website, reflecting
gross sales broken down between food dales and mixed beverage sales at the
person’s expense. In this case, the applicant is responsible for submitting the
affidavit along with documentation of restaurant sales no later than April 10, 2011.
•
The Zoning Ordinance requires no person shall operate a restaurant holding an
approved Alcoholic Beverage Site Plan without a valid certificate of occupancy.
Upon a change in ownership of the subject restaurant the new owner or person
operating such restaurant can apply for a new alcohol beverage sales conditional
O:\CASES\2010\2010-21 CUP Suzushi Sushi and Grill\Staff Report\Staff Report.doc
use permit. The previous owners of the restaurant had an approved alcoholic
beverage sales site plan; however since the change in ownership, the applicant is
required to apply for a new conditional use permit.
•
The Zoning Ordinance does not permit indecent exposure as defined in Section
42.01 of the Texas Penal Code in any restaurant.
PARKING: The Zoning Ordinance requires the applicant to provide 1 parking space for
every 100 square feet of gross floor area. The existing restaurant has 1925 square feet of
gross floor area, which requires the applicant to provide 20 parking spaces. The parking
requirements were approved previously with a previous approved site plan, Case No. 0807SP April 8, 2008 and therefore the applicant complies with parking requirements.
.CONFORMANCE TO THE MASTER PARK PLAN: The proposed conditional use permit does
not conflict with the Master Park Plan.
CONFORMANCE TO THE MASTER THOROUGHFARE PLAN: The proposed conditional use
permit does not conflict with the Master Thoroughfare Plan.
OPPOSTION TO OR SUPPORT OF REQUEST: Staff has not received any comments in support of
or opposition to this request.
ATTACHMENTS:
•
•
•
•
•
Letter of Intent
Site Plan
Landscape Plan
Interior Floor Plan
Exterior Elevations and Sign Exhibit
O:\CASES\2010\2010-21 CUP Suzushi Sushi and Grill\Staff Report\Staff Report.doc
CITY OF CEDAR HILL
REQUEST FOR PLACEMENT ON CITY COUNCIL AGENDA
Date of Request:
December 8, 2010
Action Requested:
Other
Requested Agenda Date:
January 11, 2011
Agenda Item: Case No. 10-24 - Conduct a Public Hearing and consider a request for a change in zoning FROM
“LR” – Local Retail TO “PD-MF” – Planned Development for Multi-Family on 13.447 acres of land out of Abstract
1472, generally located at the northwest corner of Pioneer Trail and Uptown Blvd.; requested by Brad Walters of
Forestar.
Summary of Item: This proposed Planned Development (PD) zoning district includes a “concept plan” and
development standards for a 355 unit apartment complex, located just south of Wal-Mart. The proposed PD is
very similar to the “Alexan” project that received preliminary approval in 2008; however, various changes have
been made to address the City Center Vision Plan, which was adopted in 2010. The applicant’s Informational
Statement describes the project and the efforts taken to adhere to the City Center Vision Plan.
The site is currently zoned Local Retail (LR) and is within the Uptown Overlay District. The Comprehensive Plan
shows this area as “Mixed Use” (primarily non-residential). The City Center Vision Plan designates this area as an
“Urban Center” which emphasizes intense land uses, such as 4-8 story structures with active ground level and
transit supportive uses like offices, commercial and lodging. A detailed analysis of the PD proposal’s
comparison to the multi-family zoning district standards, the Comprehensive Plan and the City Center Vision
Plan is attached in the City Planner’s report.
The PD Zoning is a unique zoning district in that it employs a distinctive approval procedure and allows
developers to propose “custom” standards in order to accommodate imaginative or superior design elements.
However, once established, the city cannot amend a PD zoning district without approval from the landowner
or unless they fail to perform within the development schedule established in the PD Zoning Code.
Unless specifically included in the City Council motion, final site plan approval will lie with the P&Z; furthermore,
the minimum masonry requirements for this project will be 80% masonry with no specification on the remaining
20%.
As with all zoning change requests, a public hearing is required before consideration and action. Notice of this
hearing was published in The Focus Daily News and mailed to property owners within 200 ft.
On November 22, 2010, the Uptown Architectural Review Committee (Main Street Board) reviewed the
conflicts between the proposed PD standards and the Uptown Overlay District standards and concluded that
the proposed alternative designs were in keeping with the intent of the Uptown Overlay district standards.
The Planning & Zoning Commission conducted its public hearing on this request on December 7, 2010. One
person spoke in favor of this request. The Commission, by a vote of 4-1, recommended approval of this
request.
Recommended Action: Conduct a public hearing and concur with the Planning & Zoning Commission’s motion
to approve this request, as presented.
Briefing Item, Consent or Regular Agenda:
Director/Recommended Department:
Contact and Phone Number:
Notes:
Attachments:
yes
Public Hearing
Rod W. Tyler, Director of Planning
Rod W. Tyler, 972-291-5100 ext. 1083
If yes, how many pages: 44
City of Cedar Hill
Main Street Advisory Board
November 22,2010
MINUTES
Main Street Board
Meeting of November 22, 2010
The Main Street Development and Preservation Board of the City of Cedar Hill, Texas met on Monday, November 22,2010
at 6:00 pm. in Conference Room D-106 ofthe Cedar Hill Government Center.
The following members were present; Al Armistead, Sheri Borth, Jerry Korkisch, Albert Mack, Jami McCain, Norman
Patten, Russell Read and Randall Stewart. Lois Cannady was absent with prior notice. The following City Staff members
were present; Don Gore, City Planner and Patricia Bushart, Main Street Manager. Guest present: Lynn McCain, Historic
District Commissioner for the City ofClinton, Louisiana.
I.
Call the meeting to order.
Vice Chairman Norman Patten called the meeting to order at 6:05 pm declaring it an open meeting with
notice of the meeting duly posted and a quorum present.
II.
Approve the Minutes ofthe October 25, 2010 Regular Meeting.
Russell Read made a motion, seconded by Jerry Korkisch, to approve the minutes of the October 25,
2010 Regular Meeting. The motion was approved unanimously.
Ill.
Review and Consider conceptual site plan proposal for multi-family residential planned
development, Uptown Cedar Hill, located on the northwest corner of Uptown
Boulevard and Pioneer Trail, presented by Bob Lamkin of Hensley Lamkin Rachel,
Inc.
David Hensley spoke as the applicant and on behalf of the developer, Forestar. Also present were
Hensely Lamkin Rachel, Inc. partner Bob Lamkin, landscape architect Scott Wright, Forestar
representatives Bob Buzbee and Brad Walters, and Frank Mihalopoulos of Corinth Properties.
Mr. Hensley recalled the original Trammell Crow proposal, considered in a September 2008 Special
Workshop and approved by the board November 17, 2008, citing the significant changes to amended
site plan proposal as:
• Widening of driveway entering from Pioneer Trail to boulevard to facilitate possible future
north/south thoroughfare
• Relocation of major community spaces street-side at the northwest comer of the Uptown
Boulevard and Pioneer Trail intersection
• Addition of a fourth level to the community spaces comer structure for enhanced vertical
integration
• Reduction of original pool dimensions at community structure and addition of second pool
situated near the northwest comer of the site plan development
• Parallel parking added on Pioneer Trail within the curb cut, preserving the current four-lane
street traffic configuration
• Installation of period lighting similar in style to existing midtown fixtures
City of Cedar Hill
Main Street Board
Minutes of November 22, 2010
Page 20f3
Upon review and consideration of the exhibits presented and planning department report, Russell Read
made a motion, seconded by AI Armistead, to approve the proposed site plan concept for the Uptown
Cedar Hill Planned Development as submitted. The motion was approved unanimously.
IV.
Review and Discuss Main Street planning, goals, objectives and direction.
Working with concepts, and from talking points offered by Deputy City Manager Porter, City Council
directives, and guidance from City staff, the Board discussed planning, goals and objectives that could
be achieved now with minimal funding or resources. Among the suggestions for consideration were:
• Expansion of Twitter method of communication initiated by board member Jami McCain on
behalf of downtown/old town businesses
• Establish additional social media outlets to further supplement communication
• Create downtown merchants association
• Initiate periodic informal gatherings of downtown stakeholders hosted by businesses and
participants from throughout the district
• Propose businesses leave window lights burning after hours to encourage window shopping,
promote business activities, enhance the appearance of downtown vitality and heighten security
• Sponsor seasonal outdoor decoration competitions
• Solicit advice from successful small business organizers such as the Better Blocks program
The board was praised for their diligence over the past nine months in initiating the planning and goal
setting process set forth by the City Council and Administration. They were encouraged to continue
efforts to analyze and establish objectives for fulfilling the work plan and for pursuing a downtown
master plan.
The Board will continue this analysis in subsequent meetings.
V.
Reports from Main Street staff.
• Welcome guest Lynn McCain, Historic District Commissioner for City of Clinton, LA, and
preservation activist
• Scare on the Square attendance estimated at over 500
• Video of Scare on the Square produced for publication on City website, cedarhilltx.com
• Old Town Holiday on the Hill, Thursday, December 2, 2010, 6:30 - 8:30 p.m. - event will be
videotaped for publication on City website
• Cedar Hill Museum of History has proposed lease of R.A. Roberts "Gingerbread" House located
at 210 S. Broad Street with possible option to purchase
• Cedar Hill Museum Progressive Dinner, Friday, December 3, 2010, 5:00 - 9 p.m. - appetizers at
eclair bistro hosted by David Gros, entree at Gingerbread House catered by Jessica's Garden Tea
Room, followed by dessert at Cox-Chapman House with hosts Pat and Jimmy Mobley
• Texas Lakes Heritage Trails program received Texas Historic Commission grant in the amount
of $9,000 to develop the Shawnee Trail itinerary
• Staff investigating funding mechanism for downtown master plan consultant
• Board will forego December 2010 meeting and will reconvene January 24, 2011
City of Cedar Hill
Planning and Zoning Commission
December 7, 2010
DRAFT
Page 2 of 4
Chairman Brooks opened the floor for anyone wishing to speak in favor of this request.
No one spoke.
Chairman Brooks closed that portion of the public hearing and opened the floor for anyone
wishing to speak in opposition to this request.
No one spoke.
Chairman Brooks closed the public hearing and opened the floor discussion by the
Commission.
A motion was made by Vice-Chairman Strother to approve Case No. 10-21, as presented. The
motion was seconded by Commissioner Nanry. The vote was as follows:
Ayes: 5 – Chairman Brooks, Vice-Chairman Strother and Commissioners Nanry, Hamilton and
Thierry.
Nays: 0
Chairman Brooks declared the motion carried.
V.
Case No. 10-24 - Conduct a Public Hearing and consider a request for a change in
zoning FROM “LR” – Local Retail TO “PD-MF” – Planned Development for Multi-Family on
13.447-acres of land out of Abstract 1472, generally located at the northwest corner of
Pioneer Trail and Uptown Blvd. Requested by Brad Walters of Forestar.
Brad Walters of Foerstar, 6300 Bee Cave Rd., Building 2, Suite 500, Austin, TX 78746, stepped
forth to present this request and answer any questions from the Commission.
Mr. Walters stated that they have hired a local firm, Hensley, Lamkin, Rachel, Inc. to assist with
the design of this project.
David Hensley, of Hensley, Lamkin, Rackel, Inc. 14881 Quorum Dr. Dallas, TX 75254 stepped
forth to present a Power Point presentation to the Commission.
Mr. Hensley stated that they previously worked with Trammel Crow Residential on the original
Alexan project proposed about 2 years ago and as a result was approached to assist with this
project.
Mr. Hensley gave a brief history of the previous project which was put on hold due to the
downtown in the economy. Trammel Crow Residential then backed away from the
development and it was recently picked back up by Forestar.
Additionally, Mr. Hensley stated that they have tried to work very closely with the Main Street
Board in particular on issues such as architectural standards and the proposed transition into
City of Cedar Hill
Planning and Zoning Commission
December 7, 2010
DRAFT
Page 3 of 4
the older downtown area. The design of this project is based heavily on new urbanism ideals,
creating pedestrian friendly streetscapes with green spaces located in the internal area. He
also mentioned that they have met a number of times with the Planning Staff and took into
consideration the standards and concepts contained within the recently adopted City Center
Vision Plan, and although they may not meet the exact letter of the Vision Plan, they feel they
have met the intent.
Chairman Brooks opened the floor for anyone wishing to speak in favor of this request.
1.
Frank Mihalopoulos , 4645 North Central Expressway, Dallas, TX 75205.
Mr. Mihalopoulos stated that Forestar is financially strong and will be able to make this project
a reality. He stated that there is a real need for this type of project in Cedar Hill, a convenient
place to live, work and play. However, he did expressed his surprise and disappointment to
find out that staff’s report stated that the project did not meet the City’s plans, even though
the Main Street Board recommended unanimous approval.
Chairman Brooks closed that portion of the public hearing and opened the floor for anyone
wishing to speak in opposition to this request.
No one spoke.
Chairman Brooks closed the public hearing and opened the floor discussion by the
Commission.
Commissioner Hamilton complemented Mr. Hensley on his presentation but asked him if he
understood that the plans that they were proposing did not comply with the recently adopted
Comprehensive Plan.
Mr. Hensley stated that yes, he understood that there were some inconsistences but he felt
that they have met the intent of the plan. He further stated that 6 and 8 story condos would
not be a viable option at this location. The plan that they are proposing would be more
economically viable for this area.
Chairman Brooks stated that she agreed that the applicant’s proposal was a good plan. She
went on to state that some residents might find it a bit startling to see 8 stories buildings on
Uptown Blvd.
Commissioner Thierry asked the applicant about the pricing of the units.
Mr. Hensley stated that the rentals would range from approximately $900-$2200 per month.
Commissioner Thierry asked the applicant if there were any units that would comply with the
Fair Housing Act, meaning any plans for subsidized units.
Mr. Hensley stated that there is not currently an affordability component with this property and
no future plans for subsidization.
City of Cedar Hill
Planning and Zoning Commission
December 7, 2010
Page 4 of 4
DRAFT
Commissioner Thierry commented to the applicant that his presentation mentioned the
“live/work” scenario but that the people who worked at the surrounding businesses, such as
Wal-Mart and Cinemark may not have the means to pay rents starting at $900 per month.
Chairman Brooks stated that in order for the community to accept another multi-family
project, she feels that a higher price point is more palatable. She also stated that this project
would support transit oriented development and would serve commuters into Dallas.
Vice-Chairman Strother stated that he felt this is a good plan, but cautioned the applicant by
saying that they may face some challenges while working this project through the
development process.
A motion was made by Commissioner Hamilton to approve Case No. 10-24, as presented. The
motion was seconded by Vice-Chairman Strother. The vote was as follows:
Ayes: 4 – Chairman Brooks, Vice-Chairman Strother and Commissioners Nanry and Hamilton.
Nays: 1 – Commissioner Thierry.
Chairman Brooks declared the motion carried.
VI
Staff Reports & Discussion Items
1. Recent Submittals
Don Gore, Planner, reviewed with the Commission pending and upcoming cases.
2. Review and update of City Center Vision Plan
Rod Tyler, Director of Planning, reviewed with the Commission a PowerPoint presentation that
provided an update on the City Center Vision Plan.
VII.
Adjourn
A motion was made, followed by a second for adjournment. The meeting adjourned at 7:45
p.m.
Theresa Brooks
Chairman
Belinda L. Huff
Development Services Coordinator
City of Cedar Hill
Case 10-24
Proposed Zoning Change
FROM - "LR" - Local Retail
TO - “PD-MF”–Planned Development for Multi-Family
Northwest of Pioneer Trail and Uptown Blvd.
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APPL1C,.TION FOR
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OCT 1 8 2010
City 0f C~':!~~· J~ll
:APPLICATION FOR.
CHANGE' QF ZONING
City' of Cedar IDII- 285 Uptow.nBlvd. Bldg:. 100,- Cedar Hill, Texas 75104 - 972-291-5100 - fax 972-191-7250
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SUBJECT PROPERTY INFOBMAnON:
Property Generill Location;
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Attach, labeled as <O;EXHIBIT A:", is a current survey plat (8· ~ x I 1) delineating the subject property and a
metes bounds description ofthe:1)oundary of"theproperty prepared by a state,...registered surveyor.
Tract Number I Lot, .Block, Addition NaJile
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PROPERTY.'OWNERlNFORMATION:
I hereby certifY that I am the owner of the herein de;$Cribed property lmd I authoriZe this applicant to, tilt; this
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APPLICANT IN·FORMATION:
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I, as the'applicant oftbis' request, shall place a "Zoning Change Request'" sign a conspicuous place 9Jl the
property at least IS days before considered by the P&z. My. representative or I will be present·at the Planni~g and Zoning Commission meeting and City Council
Meeting to. presenttbis request to. them.
I certify ibat the attached property description is an accurate desCription of the property for which thi!r
zoning. charig~ is qeing requeSted and was SUT't'~y«l by' a. registered land surveyor ofthe State ofTex8S~
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OCT 1 8 2010
City of C~~ Hill
EXHIBIT A
LEGAL DESCRIPTION - TRACT ONF
BEING all that parcel of land in the City of Cedar Hill, Dallas County, Texas and being a
part of the ELLIS C. THOMA~ ~llRVRY, ARSTRACT NO. 1472, and being a part of
that 29.697 acre tract of land conveyed to D. Louis Sharp as recorded in Volume 726~
Page 74, Deed Records Dallas County, Texas., and beIng further described as follows:
BEGINNING at a three-quarter inch iron pipe found for the northwest comer of said
29.697 acre tract of land, satd pOInt being the most easterly northeast comer of that
25.017 acre trac1 of land conveyed to fiuy K Onggs and Allen M Fain a<; recorded in
Volume 67208, Page 2006. Deed Records Dallas County, Texas. and said point being in
the south line of that 18.944 acre tract of land conveyed to the City of Cedar Hill, Texas
a.~ recorded in County Clerkf~ Document No. 20070012580, Deed Records Dallas
County, Texas;
THENCE North 8<) degrees 23 minutes 28 seconds East, 163.99 feet along the north line
of said 29.697 acre tract of land to a one-half inch iron rod set for comer, said point being
the southeast comer of said 18.944 acre tract of land and said pOInt beIng In the
southwesterly line of Lot I R-A, Block A, Wal-mart Addition, an addition to the City of
Cedar Hill as recorded in County Clerk's Document No. 20070349423, Deed Records
Dallas County, Texas;
THENCE South 51 degrees 27 minutes 40 seconds East, 726~08 feet along the
southwesterly line of said Lot 1R-A to a five-eights inch iron rod found for the north
comerofT.ot 5, Rlock A. Wal-mart Addition, an addition to the City of Cedar Hill as
recorded in Volume 2002003, Page 72, Deed Records Dallas County, Texas;
THENCE South 38 degrees 32 minutes 20 seconds West, 261.94 feet to a five-eights inch
iron rod found for the west comer of said Lot 5, Block A;
THENCE South 40 degrees 51 minutes 22 seconds East~ 254.03 feet to a one-half inch
iron rod set for comer~ said point being the south corner of said Lot 5, Block A, and said
point being in the northwesterly line of Uptown Boulevard (a variable width right-of­
way);
THENCE South 49 degrees 08 minutes 38 seconds West, 391.13 feet along the northwest
line of Uptown Boulevard to a "XH ~et in concrete for corner in the westerly Hne of said
29.697 acre tract ofIand, said point being in the northerly line of that 57.7651 acre tract
of land conveyed to Cedar Hill Town Square, L.P. as recorded in Volume 2001027, Page
1<)24, Deed Records Dallas County, Texas;
THENCE along the westerly line of said 29.697 acre tract of land and along the northerly
line of said 57.7651 acre tract of land as follows:
R.I~C1::,J"\!ELl
OCT 1 8 2010
North 00 degrees 52 minutes 51 seconds West, 30.23 feet to a one-half inch
iron rod set for comer;
South 89 degrees 13 minutes 08 seconds West, 250.45 feet to a one-half inch
iron rod set in the northeasterly line of Pioneer Trail (a 70 foot right-of-way)~
THENCE North 35 degrees 25 minutes 02 seconds West., 286.20 feet along the
northeasterly line of Pioneer Trail to a one-nalf inch iron rod set in the west line of said
29.697 acre tract ofland said point being in the east line of said 25.017 acre tract of land;
THENCE North 01 degrees 30 minutes 52 seconds West, 843.76 feet along the west line
of said 29.697 acre tract of land and along the east line of said 25.017 acre tract of land to
the POINT OF BEGINNING and containing 565,006 square feet or 12.971 acres of land.
BASIS OF BEARING is derived from a baseline GPS observation between the City of
Cedar Hill's GPS monuments number 1004 and 1006.
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LfGAL DESCRIPTION - TRACT ONE
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conveyed to 0, Loul. Sharp oe recorded In Volume 726, Poge 74, a.ed Recorda 001108 County,
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lond conveyed to the City of C.dor Hi.. T,..ol o. r'cord.d in County O.,.k'. Oocum..,t No
20070012~80, Deed Record. 1)0110. County, Tuo••
TIiENCE North 89 d.gre.. 23 mlnutn 281l1.conOli [o.t, 163.99 fnl along th.north lin. of Il;lId
29.697 ocr. tract of land to a one-half inch Iron rod lIet fOf corn_, lold point being tnll
K1Utheollt corner of 'ok! 18.944 ocr. tract of land and SOld point being in the louthwe.terly line of
lot IR- .... Block .... Wal-mort "'ddltlon, on additIon to the City of Cedar HWI all r.corded In County
Clerk'e Document No. 20070349423, D••d Recordll Oojios County, Tuol;
TIiENCE South ~1 d.gr... 27 minutn 40 18conOI EOllt, 726.08 ,.. t along the louthwest.rly lIn. of
eaid lot 1R-'" to a ft"'I-.lghtl Inch Iran rod found for the north com_ of Lot :!I, Block ....
Wol-mart AdditIon, on additIon to the City of C.dor HII 01 record.d In \lolum. 2002003, Pog. 72.
O.ld Recordl Dallal County, Tuol;
TIiENCE South 38 degreel 32 minutes 20 "conde West, 261.94 'eet to a f1vl-'lQhtll Inch Iron rod
found for the w.st corner of sold lot 5, Block A.
THENCE South 40 d.grees 51 mlllut'l 22 "condl EOllt, 25-4.03 feet to 0 One-half Inch Iron rod
eet for corner. 80kl' point b.lng the louth corner of .old Lot :!I. Block .... and Bold poInt b.lng In
thl northwelt~y lin. or uptown Boul.vord (0 varlabl. width rkjJht-of-woy),
1 II'
~t
fe,
THENCE South 49 degrnl 08 mlnut'lI 38 leeonde Weet, 391.13 feet along the northwest lin. of
uptown Baul.YOrd to a "X· nt In Concrlt. for corner In the "elt.rly lin. of laid 29.697 acre tract
of land, ~ldpoint bllng til the northerly 111'1' at that :!I7.7651 acre tract of londconveyecl to Cedar
HUI Town Squore. L.P 01 record.d In VoIuml 2001027, Po"e 1924. Oe.d Recordl Dallas County,
Texas;
LOT lR-A, BLOCt< ~
"AL-~ART ADDITION
I
DOC
at IOld 29.691 ocr.
troct of land, lold point being tn. moet eM'.rly northeallt earner of thot 25.017 ocr. tract at land
i
l~~~)rt.
GUY
TellQI,ondbe1ngturtherdascribedo'follo••:
BEGINNINC al 0 thre_quorter Inch Iron pIp' found fOt the norlhw,.t corner
NO 20Q7Q34Q423
I
rHENCE along the wuterly
sold 51.7651 oal troct of
North 00 dlgreel:!l2
for corn_;
South 69 degr... 13
In the north8Qlterly lin. of
LOT 3. BLOCt< A
I
lin. of .okl 29.697 acre tract of land and along the northerly lin. of
land 01 foliowl:
mlnut .. 51 .econde W..t, JO.23 f'Clt to 0 onl-holf Inch iron rod elt
mlnut•• 08 Nconde Weet, 250.45 fe.1 to a on.-haff Inch iron rod set
Plan._ Troll (a 70 loot rlQht-of-way);
THENCE North 3:!1 degreee 25 mlnulU 02 eecanOIi We.t, 286.20 'est aaong tne northeolt.r1y lin. of
Plonnr Troll 10 a one-half Inch Iron rl,)(j Nt In lhe wut lin. of toid 29.697 acre tract of land
acid poll'll being In the eo.' line of acid 25.017 acr. trocl of land;
je
,,;
~
WA.l-MAR\
vOl
TIiENCE North 01 d. . . . .lO minutes 52 Ii.conde Wut. 843.76 teet along the W.lt linl ot laid
29.697 acre trocl of land and along thl eOlt lin. ot lIold 2~,017 acre 'roct of lond to the POINT
BEGINNING and containing !!l65,006 'quore feet or 12.971 ocrel of land
A.DDlnO~
n.
2002003, PG
rr
I
E:tISn~G UFlBWRE
FEtKf:ALOOC
P~OP£RTY
BASIS ~ BE.... RING III d_lved from 0 boeelme CPS obllervotlon between the City of Cedar Hill'li GPS
manum'rltl number 1004 OfId 1006.
(lRACT ONE)
12llZ1 ACRES
LINE
o
~OUIS
SHARP
L.fG~
VOl. 726. PG.74
(29.697 ACRES)
---­
OESCRIPTlON - 'TR"'CT TWO
BEING all that porc.. or land In the City at C.dor HII. Dalla. COUllty, T'ltol and b.lng a port of the
~~:'~'d ~0~~~~~.R~~~'/::~~~d:~·1n1Vo~:~d7~6~n~c:.p~r~.
~CI~0~e~~~~7D~~ ~:~t~.r land
Tello,. and bsing further d'lcrlbed 01 follow.:
BEGINNING at 0 fivl-liwhtl Inch Iron pip' fOund lor the mo.t w.lIt.rly .authw.lIt corner af acid
29.697 DC" tract of land, laid pm' being In the north lin. of that ~7.76~1 acre tract of land
conveyed to Cedar Hili Town Square, LP. 01 record.d ~ Volum. 2001027, Pogl 1924, O"d Record.
~:;dOUt:tYGu~·~~ebr-~;:!I.:~~ PA~~ ~eJn'OI~h~.-:~~f;~:u:fe~;~O~~·~l:geOC;~.a~~:Jlond
Recordll DaUo. County. TeKol;
TIiEHCE. North 01 de9ree. 3D minutll 52 lecondll Welt, 110.00 feet along t"e well I/ne of SOld
2Q,1597 ocrl tract of land and along th. 10It lin. of .oid 25.017 acre tract of land to a one-half
Inch iron rod lit in the louthw"t line or Plon.er Trait (0 70 fool rignt-or-woy);
TIi[NCE Soulh 35 degr... 2~ m~ul'e 02 88Condl East, 133.68 f..t along the IOUthw'lt lin. of
Pioneer TroW to 0 on.-hollinch Iron rod Nt Int" ••outh.rlylin.or.oid 29.6970cretractoflond
and being In Ihe northerly line of sold ~7.7e51 acre tract of land;
//
GlJY
j(
DRIGGS AP-,O ALLEN u FAIN
VOl 67208. PG 2006
(25.017 ACRES)
TIiEHCE South 69 degrn. 13 minu'" 08 .. condl West. 14,57 Inl along the 80utherly hn. ot eoid
29.6g7acretroctofiandandalongthenortherlylln.ofeold:!l1.76:!1locretract of land to th.
POINT" BEGINNING and containing 4,101 .quare feei, or 0.094 acre of land
(lRACT TWO)
~
~
~
BASIS or BEARING II derl..ed from a bOllllln. GPS ob._valion b.tween the City or c.dar Hili's GPS
monumentl number 1004 and 1006
o LOUIS SHARP
VOl 726. PG. 74
(29.697 ACRES)
l
~
JI
I
SUR\IE....QR'S CDHlFlCAnON
£
To: Fgrntar (USA) Real lstot. Group, Inc., 0 Lou.I Sharp, ond Qllcogo TlU. Inlurance Company
1'h. plat Clnd d..crlptlan a' shown hereon 15 a trye and occurot. representation, 10 th. b.s! 01 my
knowl" and belllr, of the prop_Iy oe d.tennlned by on on-th.-ground sur..ey perform.d under
my 8Llpervllion during the month of S~l.mber, 20'0
LOT 1, BLOCK 0
CEDAR HILL VllLAGl ADOITlO,,",
DOC NO 200600422763
LOT 1R
BLOCK B
OCT 1 8 2010
·' W'I r>.';"'.
~. CIt
'\ ,~""" :".'. Ll"
.....
ClUAR HILL VILLAGE ADDITION
VOL 2003213. PG 768
1
r...
-'" -,
............ ,",,'
"'.-"'""v,,:
.' .
l
.
.1
According to Community Ponel No. 4811JCOe05 J, doled Au9Ust 23. 2001 of the fed_ol Emerg.ncy
M
"'anogement Agency, Notional Flood InllUlOt1c' Pr~om llIap, thll prop.,.ty II within flood Zone "X •
(areas determln.d to be ClIJtelde :!ICO-yeor floodplain), which Ie not a Ipec:lal flood ho.lard area
Thll sUr'¥ey 8Ub.lontlolly campll.. with the cUlTent Tuoll Socl"lI of Pro'esalonal Surveyors Standardl
and Speclflcotlone for a Cot.gory lA, Condition II Survey
-)
f ,j
,
g~~~~!!f!!t!}tt-;:'2--------------------
........
~
~
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LEGEND
r~lowlngll moUlrll Qr. referenc.d to Chlc:OQO ntle Insurance Company Commitment
(IF No. CTD~09-CTlXX)0043708. l"l.Ild Augult 30, 2010. All documentl are recorded In
Thl
the Deed Records of OailOl County, T._a5. unl. . not.d olherlll'l,e.
'.
'w
The Eaelment A.Qflemlnt rlCordld In Volume 2002128, Pag. 11234 doel not affect
the8Ubjecttracloflond
I
I
I
1
"x· SET
14. Thl 1I.lb.leet tract of land II not a port gf that 400cretroctgflonddlscrlbed In
Volume 2'22, Pog. 264 and In Voluml 2517, POII'I 479
1~
,
IRON PIPE fOUl><D
1I
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O~
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I
SANITARY SEWER "ANHOLE
i'l
WAITR VAl Vf
'NO,
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,~,",lodl,"'''_l'''
R£~90tl
1DBR 1.....-101
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BOUNDARY SURVEY-13.065 ACRES
POO.<o"o
~
DLS001t
E.C. lHOMAS SURVEY-ABSTRACT 1472
_.~....
Fox
172.24lL1."
D. LOUIS SHARP TRACT
CITY OF CEDAR HILL. DALLAS COUNTY. TEXAS
~±5­
DATE
SIf..;TE?~~R
1i,
Uptown Cedar Hill
PD Concept Plan Informational Statement
13.02 Acres
December 2, 2010
With the decline of new home construction and affordability, the ever increasing cost of fuel, and
the population explosio n of the “Echo Boomer” generation, high quality rental housing in urban
districts is in vital need. The City of Cedar Hill is experiencing this reality along with many other
suburban cities in North Texas. Cedar Hill, along with other North Texas cities, is faced with the
challenge of meeting this increased demand for new housing. At the sa me time, Cedar Hill has
established a vision for achieving the goal of
creating a sustainable, mi xed-use, pedestrian
friendly urban center.
In the Marc h 2010 City Center Vision Plan, the City complet ed the initial phase of planning for
Cedar Hill's City Cente r transformation. Upto wn Cedar Hill, a new high-densit y multifamil y
community, will provide Cedar Hill residents
with a new housing al ternative and begin the
process of f ulfilling the new vision. Uptown Ce dar Hill will provide 355 households with the
ability to walk to work, the gym, the movie theatre, the grocery store, more than 1 million square
feet of retail shopping, and to their favorite restaurants.
To create new forward-l ooking developments and allow flexi bility in design solution, the Vision
Plan is be st fulfilled by the Planned Developme nt process. At the sa me time, the planned
development process provides the city a flexible oversight to help ensure the quality of any such
development.
The Uptown Cedar Hill community meets the intents of the cit y's goals as outlined in t he Vision
Plan. The new high-density multifamily community will provide a quality, upscale, rental housing
alternative to the increasing resident base of Cedar Hill.
A large percentage of t he employment and pop ulation grow th can be a ttributed to t he added
retail within the City Ce nter (formerly the Uptown Overlay District.) This area within Cedar Hill
has become the retail hub for southern Dallas County. With the addition o
f the new
Government Building, it has truly become the center of the city. The development
of Uptown
Cedar Hill begins to att ain the goal of a true mixed use, New Urbanism environ ment. Within
walking dist ance, resid ents can e asily reach the new Government Center, 6 10 Uptown
Boulevard, Wal-Mart, JCPenney, 2 4 Hour Fitness, and th e CineMark mo vie theatre. On bik e
residents can reach all destinations in the district.
Uptown Cedar Hill wi ll be su stainable, upsca le, rental h ousing and create a t rue urban
neighborhood. The dwellings will be of high quality construction and the exteriors wi ll be well
maintained and manicured. The location is ne ar existing schools, recreational facilities, office,
retail and p ublic services. There will be ad equate light ing and the de velopment will promote
social activities for residents. A community within itself, Uptown Cedar Hill will possess an array
of amenities including an upscale clubhouse, community park, executive business center, resort
style pool, state of the art fitness facility, and large theatre/entertainment center.
With the ne w Go vernment Building and other recently opened businesses, there will soon be
more than 700 office employees working wit hin a very short walk
of Uptown Cedar Hill.
Uptown Cedar Hill
PD Concept Informational Statement
1 of 16
Companies seeking ta lented young professio nals will be nefit from their close proximity to
southern Dallas Count y’s only up scale rental community. The project will attr
act young
professionals in the area looking for a “live/work/play” lifestyle. The synergy created by plantin g
355 new households in the heart of the City Center will stimulate growth throughout the city.
With walk-up access a nd landsca ped boulevards, Uptown Cedar
Hill will off er a housing
alternative similar to what can be found in other local urban communities. Post Shops at
Legacy and the State
and Thomas area of
uptown Dallas are exa mples of th is type of
development. Uptown Cedar Hill will be made up of 13 thr ee and 1 fo ur story buildings which
are aligned on the property in an urban grid pattern. The site is divided by an internal divided
boulevard drive. The boulevard will be lined wi th trees and with a round-a-bout and a central
water feature. The pro perty will contain predominately on e and two b edroom floorplans with a
few three bedroom units that will be i deal for families relo cating to Cedar Hill. Direct access to
first level units from front porch entries, decorative paving, and an urban town home atmosphere
are elements that contribute to the urban design.
In order to achieve ped estrian con nectivity, and in cooper ation with t he City’s Vision Plan to
create pede strian frien dly paths, Up town Cedar Hill ha s be en designe d with urba n sidewalks
along Pioneer and Uptown Boulevard. These walks will provide connectivity to the Government
Building an d to the fut ure transit station. Inter ior sidewalks connect t he various buildings an d
amenities within the site. A future connection with the hike and bike trail system is also provided.
The site plan allows for future connectivity to n eighboring undeveloped properties by the use of
internal drive and pedestrian trails.
The development team believes that a high den sity, residential component is a key part to any
mixed use district. Uptown Cedar Hill has been designed to fulfill the intent of the Vision Plan.
Uptown Cedar Hill
PD Concept Informational Statement
2 of 16
Below we describe in more detail th e Uptown Cedar Hill co ncept and h ow it meets the detailed
development standards of the Uptown Overlay District as listed in Section 3.14 of the Cedar Hi ll
Zoning Ordinance and the March 2010 Vision Plan.
Uptown Cedar Hill Unit Amenities
• Vinyl Wood Plank Flooring
• Ceiling Fans
• Built-in Book Shelves (in select units)
• 2” Window Blinds
• Walk in Closets
• Track Lighting
• Garbage Disposal
• Refrigerator with Ice Maker
• Full Size Washer/Dryer Connections
• 42” Upper Cabinets
• Garden Tubs
• Black “Energy Star” Appliances
• Programma ble Thermostats
• Two Toned Paint Scheme
• 8” Deep Kitchen Sink
• Double Vanity Master Bath
• Direct Access Garage Available
• Entry Alarm (monitoring extra)
• 9’ Ceilings
• Open Floor Plan Concept
• High Speed Internet Service
• HDTV Service
Uptown Cedar Hill Community Amenities
6,000 +/- Square Foot Club and Leasing Center items such as:
o Fitness Center (treadmills, elliptical trainers, and circuit training equipment)
o Business Center (3-4 Dell computer systems, printer, scanner, fax)
o Coffee Bar (Free Coffee machine and snacks)
o Home Theater System (theater-style chairs, large screen, surround sound
entertainment system)
o Game Room (billiards table, shuffle board, and other as design permits)
• Wi-Fi Hot Spot at Club, Pool, and Park
• Swimming Pool with Sun Deck
• Park with Walking Path and Benches
• Storage Closets for Rent
• Connection to Planned City Trail System
• Recycling Program (if applicable in area)
• Trash Pick-up Service
• Courtesy Officer(s)
• Walking Distance to Shops, Restaurants, and Entertainment
• Walking Distance to Future Transit Station
•
Uptown Cedar Hill
PD Concept Informational Statement
3 of 16
Construction Quality
80% Minimum Masonry Exterior (not including covered patios)
o Brick and Stucco with Stone Accents
• 30 Year Warranty Shingle
• Roof top AC Condensing Units
• Extensive Landscaping Including Seasonal Color at Property Corners
• 3rd Party Inspections on:
o Structural Compliance
o Waterproofing
o ADA
o Fair Housing
• Post Tension Slabs
• 18” Floor Truss System
• IIC and STC Sound Compliance Design
• Fire Sprinkler System in Each Building
• Standing Seam Metal Roofing Accents
• 100% Concrete Paving
• Decorative Concrete Paving at Entries and Select Locations as Shown on Plan
• “Energy Star” Appliances
• Irrigation Rain and Freeze Sensors
• Energy Star Ceiling Fans
• Water Heaters Located with-in 30’ of Fixtures to Save Energy
• Low Energy Windows
• Energy Efficient Lighting in Common Areas
• Continuous Vapor Barrier Behind Cladding
•
Schedule
Start of Construction - March 2011
First Building Completion - November 2011
Project Completion - August 2012
Uptown Cedar Hill
PD Concept Informational Statement
4 of 16
Uptown Overlay District Development Standards
General Building and Site Orientation
The building site plan will orient Uptown Cedar Hill toward the key intersection of Uptown
Boulevard and Pioneer Trail. The buildings will be oriented directly to the public corner and
face the public streets.
Parking lot layout, landscaping, buffering, and screening shall prevent direct views of parked
vehicles from public streets and sidewalks. Screening measures will be used to avoid spillover light or glare from the parking lots onto adjacent properties.
Build-to line s will be 20 feet due to a 15’ util ity easement running alon g the west side of
Uptown Bou levard. A majority of internal buildin gs will have a setback between 10 and 15
feet from the internal boulevards helping to create the urban setting. The center point of the
property will include a r ound-a-bout with a cent ral water fe ature and d ecorative landscaped
surroundings including seasonal color.
The site has been oriented to provide opportunities for the public to walk, bicycle an d drive
within the community and adjace nt developments while minimizing conflicts
between
different modes, promoting an orderly, visually pleasing and active street environment. The
property will easily link t o the City’s hike and bi ke trail system directly west of the sit e (when
the trail is completed). The plan allows for connectivity to t he adjacent lot to the west by a
simple connection to our internal divided boulevard.
Uptown Cedar Hill
PD Concept Informational Statement
5 of 16
Area Requirements
The density of Uptown Cedar Hill will be 28 un its per acre w ith a minimum lot area of 1,600
square feet per unit.
Yard Requirements
Due to a 15 foot easement on the west side of U ptown Boulevard a front yard of 20 ft will be
required, however, front yard setbacks will be kept to a minimum with-in the property as they
align with the internal tr affic lanes. This will pr ovide streetscape that is in line with current
urban design (usually 15 feet).
Side yards are also ke pt to a minimum to cre ate the appearance of continuous structures
along the public right-of-ways.
Architectural Style Requirements
Building wall offsets, including proje ctions, recesses, and changes in f loor level will be used
to add architectural interest and variety, and to relieve the visual effect of a simple, long wall.
Roofline offsets will be provided as well, in order to provide architectural interest and variety
to the massing of the building and to break the roof into smaller scale components.
All building entrances will be defi ned and articulated by architectural elements such as
awnings and Juliet balconies. Alon g Pioneer a nd the port ion of Uptow n Boulevard nearest
the corner, t he first level will reflect the retail at mosphere of the Uptown Overlay District by
incorporating storefront windows. This will help increase the urban fe el of the co mmunity
and further complement the neighboring structures.
Lighting f ixtures attach ed to the e xterior of th e building shall be arch itecturally compatible
with the style, materials, colors, and details of t he building. Street lighting fixtures will be
consistent with those found throughout the Uptown Overlay District.
Exterior Building Material Requirements
All exterior elevations will be at least 80% percent masonry with a combination of bri ck and
stucco. Stone will be used on
at least 10% of the e
levations facing public streets.
Recessed balconies and interior co rridors may be finished with cement board (Hardi Plank)
siding.
Architectural Features
The apartment buildings will have distinct entries and architectural elements that will exhibit
a regional contemporary architect ural design intended t o be compatible with t he newest
Cedar Hill City Center vision. Standing seam metal roofs at key locations, parap et walls ,
metal balconies, and fr ont porch e ntries are p lanned to e nhance the urban feel of the
community.
Each first floor apartment home will feature on street entry from the pu blic sidewalk. These
entries will be covered by the balcony above or an awning.
Uptown Cedar Hill
PD Concept Informational Statement
6 of 16
The exterior will have l arge multi-pane windows, some cor ner windows, and large glass
sliding patio doors.
Parking includes 352 su rface parking spaces, 8 4 carport sp aces, 86 ga rage spaces and 82
tandem spaces. Appro ximately 24 % of the units will have access t o a parking garage.
Garage spaces are not allowed to be used a s storage; t here will be additional r entable
storage closets on site for resident use.
The project has been designed with a parkin g ratio of 1 .7 per unit which exceeds one
parking spot per bedroom. Based on past developm ent experience this ratio has proven to
be more than sufficient parking for such a development.
The site plan include s street side parallel par king along Pioneer Trail and a llows for the
future addition of parallel parking
on Uptown Boulevard if the City determines that is
appropriate.
Roofs
Roofline variations will be used to reduce the scale of the buildings an d to create interest.
The roofing materials will include composite shingles (30 year minimum), and some standing
seam metal roofing located and predominant corners and entrances.
Landscaping
Landscape will be in th e form of multi-leveled vegetation. Landscaping will consist of trees,
shrubs and ground cover. The landscaping pla n will meet or exceed the current standards
required by Section 5 .2 of the Zo ning Ordina nce. Lan dscaping a long Uptown Boulevard
and Pioneer Trail will meet or exceed the Overlay requirements. There will also be additional
landscape and architectural focus at the intersection of Uptown Boulevard and Pioneer Trail
to accentuate the importance of that intersection.
Street and parking area fixtures
Street and pedestrian level lighting fixtures, signage, and street furnishings will be
compatible with the characteristics of other developments in the Overlay District.
Signs
Due to the density of this project an internally lit blade sign (attached to the building above
the first level) would be utilized as the main property sign. Other building signs will be more
informational and directi onal. The design of the signs will keep with the characte r of the
buildings and the Overlay District.
Flood Plain
No part of the property is within the flood plain. However, some off site utility work will take
place in the flood pla in to the west of the prop erty. Efforts will be made to mini mize any
damage to existing pla nt life. Stor m water det ention is expected to b e designed within the
storm water system and no surface detention pond will be required.
Utilities
Uptown Cedar Hill
PD Concept Informational Statement
7 of 16
All utilities will be placed below ground as required per the ordinance.
Comparison to Cedar Hill's March 2010 City Center Vision Plan
The March 2010 City Center Vision Plan put forth a conceptual plan for the City Center of Cedar
Hill. The p lan clarif ied the overall future dev elopment of Cedar Hill by creating three main
districts: Old Town, Mi dtown, and Uptown. The proposed Uptown Cedar Hill development will
occur at the intersection of Uptown Boulevard a nd Pioneer Trail in the center of the Midtown
district. Th e site is in a key cente r position at one of the largest in tersections. T his area is
designated at "Urban Center" in the Vision Plan.
The other key elements of the conceptual plan put forth in March 2010 are the decision to locate
the proposed transit sta tion at the northern edge of the Midtown District and to incorporate a
secondary circulator to connect the various hu bs in the City Center to the new tra nsit station.
The Circulator is proposed to have a stop at the corner of Uptown Boulevard and Pioneer Trail the main corner of this development site.
After reviewing the March 2010 Vision Plan, it became clear that the clubhouse a nd amenity
structure for the new residential pro ject needed to occur at this inter section so we have relocated it fr om its previous position . This allo wed the front door of the project t o be the focal
point on the main corne r. This a lso begins to a nchor and e stablish this critical cor ner in the
overall plan.
The proposed location of the Transit Station makes the Pioneer Trail frontage of our site even
more important. Pioneer Trail will n ow be a ma in pedestrian route from the Transit Station to
the Government Center and all the retail opportunities. With this new Vision in place, we raised
the height and mass of our proposed development along Pioneer to give a greater significance
to this pedestrian route. The building at the corner and along Pioneer Trail is the tallest and
highest den sity element in our dev elopment. The sidewalk area alon g Pioneer T rail will be
developed as an urban sidewalk with street tree s, benches, street lights, etc. Parallel parking
will be incorporated as well as a traffic calmin g device and to provide the necessary leasing
parking for the club facility.
The Land Use and Urban Form Concept Plan (f igure C.2 in the Vision Plan - see included) also
indicate a secondary connection fro m our site t o the existing Wal-Mart site and a future small
park to the south of the Wal-Mart. We have made a purposeful effort to develop that connection
through our site by deve loping the north-south drive in a mo re formal street-like configuration to
allow for this potential future connection.
We believe our proposed solution is very compatible with the goals of the Vision Plan. Although
the Vision Plan might indicate a denser and more urban solution for this key site, we believe that
our solution provides a n appropriate development solution both in scale and density given the
existing conditions of the area stree ts and existi ng retail dev elopment. We also be lieve that as
the Vision P lan is imple mented in the years to come, the development has the "bo nes" to work
well with th e future re alization of the Vision Plan. For example, a s Uptown Boulevard is
transformed to a more urban and pedestrian oriented street, our development will be ver
y
compatible with the new environment.
Uptown Cedar Hill
PD Concept Informational Statement
8 of 16
The Land Use and Urban Form Concept Plan
Uptown Cedar Hill
PD Concept Informational Statement
9 of 16
Ultimately, we believe that our new development will provide urban spaces su
depicted in the Vision Plan.
Uptown Cedar Hill
PD Concept Informational Statement
ch as those
10 of 16
Conclusion
In the b ig p icture, Upto wn Cedar Hill is on ly 3 % of the tot al 457 a cre Uptown area, but is a
critical piece of creating a mixed use environm ent. The 457 acres has all the use s for a mixed
use “New Urbanism” neighborhood. Office, retail, and entertainment uses are all with-in walking
distance to t he proposed Uptown c ommunity. Providing a high densit y residential component
to the area will make it a true mixe d use neighborhood meeting the definition of a new-urbanist
community.
Uptown Ce dar Hill’s proximity to office, publi c (Govern ment Center), retail, restaurant and
entertainment developments creates a true horizontal mixed use development. Within ¼ mile of
the site are the new office building (610 Uptown), the new Government Center, Super Wal-Mart,
Cinemark, 24 Hour Fitness, JC Penney, Re
d R obin, Chase Bank, Fridays, Hyatt Place,
Applebee’s, and several other retail and restaur ant choices. Within ½ mile of the site one can
reach the Uptown Village shopping center, t he Old Town Center and future lo cation of th e
transit station. Per the proposed Vision Plan, mixed use is a need in this area of Ced ar Hill and
Uptown Cedar Hill’s upscale apartments is the last piece to this puzzle.
Uptown Cedar Hill
PD Concept Informational Statement
11 of 16
Uptown Cedar Hill
PD Concept Informational Statement
12 of 16
Representative Photos of Similar Developments
Uptown Cedar Hill
PD Concept Informational Statement
13 of 16
Uptown Cedar Hill
PD Concept Informational Statement
14 of 16
Uptown Cedar Hill
PD Concept Informational Statement
15 of 16
Uptown Cedar Hill
PD Concept Informational Statement
16 of 16
C ity of C ed a r H i ll
2 85 Up t ow n B l vd . B ld g . 1 0 0
C e d a r H ill , T ex a s 7 51 0 4
9 72 -2 9 1- 51 0 0
fa x 9 72 -2 9 1- 72 5 0
November 24, 2010
NOTICE OF PUBLIC HEARINGS
Planned Development Zoning Change
The City of Cedar Hill has received the following request to amend the
Comprehensive Zoning Ordinance No. 2001-64, as amended. As with all such
requests, the Planning and Zoning Commission and City Council are seeking
public comment regarding this matter.
NOTICE is hereby given to all interested persons that a public hearing will be
conducted regarding a proposed amendment to the City of Cedar Hill
Comprehensive Zoning Ordinance No. 2001-64, as amended. The purpose of this
Public Hearing is to consider Case No. 10-24; a request by Brad Walters of
Forestar for change in zoning FROM “LR” – Local Retail TO “PD-MF” – Planned
Development for Multi-Family on 13.447-acres of land out of Abstract 1472,
generally located at the northwest corner of Pioneer Trail and Uptown Blvd.
PLANNING AND ZONING COMMISSION
TIME:
DATE:
LOCATION:
6:00 P.M.
Tuesday, December 7, 2010
Turk Cannady – Cedar Hill Room
285 Uptown Blvd. Building 100
Cedar Hill, TX 75104
CITY COUNCIL
TIME:
DATE:
LOCATION:
7:00 P.M.
Tuesday, January 11, 2011
Turk Cannady – Cedar Hill Room
285 Uptown Blvd. Building 100
Cedar Hill, TX 75104
All interested persons are invited to attend and make comments. Written
comments will also be accepted. More information regarding these requests
can be obtained from the Planning Department, 972\291-5100 x 1081.
Respectfully,
Rod W. Tyler
Director of Planning
SHARP D LOUIS
3007 MAPLE AVE APT 109
DALLAS, TEXAS 75201-1228
CEDAR HILL TOWN SQUARE LP
200 KNOX PLACE
4645 N CENTRAL EXPY
DALLAS, TEXAS 75205-7323
BASSAMPOUR FATEMEH &
RUFINA HEINASSI
4102 LAKESIDE DR
ROWLETT, TEXAS 75088-5553
CRAWFORD FRANKLIN &
430 LEE ST
CEDAR HILL, TEXAS 75104-2636
WALMART STORES INC #3285
% WAL-MART PPTY TAX DEPT
PO BOX 8050
BENTONVILLE, ARKANSAS 72712-8055
J C PENNEY CO INC
%RICH WRIGHT
P O BOX 10001
DALLAS, TEXAS 75301-0001
CEDAR HILL TOWN SQUARE LP
200 KNOX PLACE
4645 N CENTRAL EXPY
DALLAS, TEXAS 75205-7323
CHTC IV LTD
SUITE 100 EAST TOWER
4965 PRESTON PARK BLVD
PLANO, TEXAS 75093-5180
CITY OF CEDAR HILL
PO BOX 96
CEDAR HILL, TEXAS 75106-0096
W & R GROUP LLC
6301 CLIFF DR
FORT SMITH, ARKANSAS 72903-4975
David W. Hensley
Hensley Lamkin Rachel, Inc
14881 Quorum Dr. Suite 240
Dallas, TX 75254
Kern Wildenthal
2305 Cedar Springs Rd. Suite 150
Dallas, TX 75201
Brad Walters
Forestar
6300 Bee Cave Rd. Bldg. 2
Suite 500
Austin, TX 78746
City of Cedar H ill
P.O . Box 96
Cedar Hill, T exas 75106
972-291-5100
fax 972-291-5107
TO:
Rod Tyler, AICP, Director of Planning
FROM:
Don Gore, Planner
SUBJECT:
Case #10-24 Zoning Change Request
Development to allow Multi-Family uses
DATE:
December 21, 2010
from
LR
to
Planned
The following report is an updated version of the report that went to the Planning
and Zoning Commission on December 7, 2010.
APPROVAL PROCESS: This is a proposed amendment to the Zoning Ordinance Map.
The P&Z and City Council are required to conduct a public hearing before
considering any amendment to the Zoning Ordinance. Should the PD zoning be
approved, development on the property will be subject to the “Concept Plan” and
the standards specified in the PD Ordinance. Construction can commence after the
property after it is platted and the P&Z has conducted a public hearing and
approved a Site Plan that is consistent with the approve “Concept Plan” and PD
standards. After the establishments of the PD district no further zoning approvals are
required by the City Council.
ITEM SUMMARY: The applicant is proposing to rezone approximately 13.44
acres from “LR” – Local Retail District to “PD” – Planned Development District
and “UT” – Uptown Overlay District, generally to amend the development
standards to allow for a development of a gated 355 unit, 3 story apartment
complex. Currently, multi-family is not allowed on the subject property.
On November 25, 2008, the City Council conducted a public hearing and
instructed Staff to prepare a draft ordinance changing the zoning for a
similar rezoning case. The approval was contingent upon certain revisions to
the ordinance exhibits, which were not done. Therefore, the subject property
retained its current zoning of “LR” – Local Retail District within the “UT” –
Uptown Overlay District. Since then the City has adopted a new
Comprehensive Plan and City Center Vision Plan.
APPLICATION SUBMITTAL DATE:
October 18, 2010 (Original Application)
November 3, 2010 (Revised Submittal)
November 23, 2010 (Revised Submittal)
December 3, 2010 (Revised Submittal)
ZONING NOTIFICATION SIGNS: The applicant has posted notification signs on the
subject property, as specified within Section 2.3 of the City of Cedar Hill Zoning
Ordinance.
SURROUNDING ZONING AND LAND USES:
Subject Property:
Subject Property: “LR” – Local Retail District (retail and office
uses) and UT - Uptown Overlay District (mixed use)
North
“LR” – Local Retail District
(retail and office uses) and
UT - Uptown Overlay District
(mixed use)
Wal-Mart retail store
South
“LR” – Local Retail District
(retail and office uses) and
UT - Uptown Overlay District
(mixed use)
Vacant Commercial Lots and
Cedar
Hill
Town
Square
Shopping Center
East
“LR” – Local Retail District
(retail and office uses) and
UT - Uptown Overlay District
(mixed use)
Vacant Commercial Lots
West
“LR” – Local Retail District
(retail and office uses) and
UT - Uptown Overlay District
(mixed use)
Undeveloped Land
Discussion: Under the current zoning ordinance, multi-family uses are not allowed
within the “LR” – Local Retail District. The rezoning request is to consider a concept
plan and adopt development standards that differ from the Zoning Ordinance’s
Multi-family and Uptown Overlay Districts.
PROPOSED ZONING: The applicant is proposing development standards for the
subject property that differ from the Multi-family Residential District standards
specified in the Zoning Ordinance. Additionally, the applicant is proposing a greater
density (28 units per acre in lieu of 18 units per acre) than specified with a PD zoning
district. The City Council may approve a greater density upon finding that the
proposed project is of superior design and amenities. The following is a comparison
of the proposed PD standards and the Multi-family Residential Standards specified in
the Cedar Hill Zoning Ordinance.
O:\CASES\2010\2010-24 PD-ZC Uptown Cedar Hill Apts\Memo to City Council 12 8 10.docx
Requirement
Maximum Density
Development Standards
Multi-Family Zoning
Proposed PD District Standards
District Standards
14 units per acre
28 units per acre
189 units would be the
max. density on 13.44
acres
(375 units would be the max. density
on 13.44 acres possible)
355 units are shown on Concept Plan
Requirement
Basic Multi-Family District
Minimum Parking
2 spaces per unit
(at least 710 spaces
minimum)
Minimum
Setbacks
25 foot from all property
lines
Proposed Alexan District
1.7 spaces per unit
(At least 604 spaces per unit given
density requested)
615 spaces shown on plan
(82 are tandem [one space behind
another] in conjunction with unit
attached garage)
20 build-to-line property line or utility
easement
Min Side Yard: 10 feet
Min Rear Yard: 10 feet
Minimum Building
Length
Minimum
Setbacks
between Buildings
Minimum Lot Area
per Unit
180 feet long
200 feet long
30 feet
20 feet
1800 sq. ft. of land per
unit built
1600 sq. ft. of land per unit built
Maximum Exterior
Masonry
100 % Masonry
80% masonry
The
remaining
20%
shall
cementitous siding or panel
0.72
Floor Area Ratio
Not specified
be
CITY CENTER VISION PLAN:
The City Center Vision Plan is the initial phase of the visioning process to being a
sustainable community and provides a catalyst for a shift in development patterns in
and around the City Center area, to be more pedestrian oriented, environmentally
friendly and economically viable. Additionally, this document is be used to initiate
and facilitate discussions to maximize the potential for the regional commuter rail
line and City Center Development to help the Best Southwest area and the North
Texas region meet the mobility, energy and emissions challenges. Given that the
visioning process is underway to develop a refined vision of each of the districts:
Uptown, Midtown and Old Town, as well as test the City Center Vision Plan against
market realities. Staff has compared the general concepts within the City Center
Vision Plan with the proposed PD Concept Plan below.
O:\CASES\2010\2010-24 PD-ZC Uptown Cedar Hill Apts\Memo to City Council 12 8 10.docx
Land Use /Urban Form
The Land Use and Urban form section of the City Center Plan shows subject property
to be within the Urban Center District. This district suggests mixed uses with emphasis
on employment intensive and transit supportive uses including office, commercial
and lodging uses. As well as active ground level uses, including retail and restaurant
uses, required along pedestrian priority streets. The proposed concept plan only
shows one land use component and not mixes of land uses without direct
connection to public streetscapes, which is suggested by the City Center Plan. The
proposed PD concept plan is not consistent the Land Use and Urban form section of
the City Center Vision Plan.
Building Type
Within the City Center Vision Plan building types are suggested to be mixed use
building types with ground-level storefronts and building entries. These buildings
should be 4-8 stories tall aligned along public sidewalks with little or no setbacks.
The proposed concept plan shows the club house with storefront windows located
at the corner of Uptown Blvd. and Pioneer Trail to allow the front door of the project
to face the public realm. However the PD concept plan has one land use
component, multi-family use, 3 story building scale with no storefronts. The proposed
PD concept plan is not consistent to the building type and scale portion of the City
Center Vision Plan.
Parking
In regards to parking configuration, the plan suggests on street parallel or angled
parking with required parking located beside or to the rear of the building. The
proposed concept plan shows parking behind the proposed building, with parallel
parking along Pioneer Trail. The parallel parking provides additional parking while
providing pedestrians comfort along Pioneer Trail. The proposed PD concept plan is
consistent with the parking configuration portion of the City Center Vision Plan.
STREETS AND BLOCKS PLAN
The Streets and Blocks section of the City Center Plan shows Pioneer Trail and
Uptown Boulevard as “Pedestrian Priority Streets”, which are designed to provide a
high level of pedestrian comfort, access and safety. The proposed concept plans
shows the streetscape along Pioneer Trail to have some pedestrian amenities to
help promote pedestrian activity and comfort such as 6 foot wide sidewalks,
pedestrian lighting, and landscaped columns. Additionally, the applicant has shown
an intermittent hedge along Uptown Boulevard to improve the pedestrian comfort
on Uptown Blvd., while also providing a traffic calming effect on vehicular traffic.
The PD concept plan is consistent with this portion of the streets and block plan
specified in the City Center Vision plan.
The Streets and Blocks Plan of the City Center Plan suggests development blocks
should be scaled to accommodate a mix of land uses and potential for the site to
be developed into blocks with public streets allowing for connections to be made
to the site to the north. The proposed PD concept plan shows the subject property
will be gated, which doesn’t allow for Public Street connections, and therefore
O:\CASES\2010\2010-24 PD-ZC Uptown Cedar Hill Apts\Memo to City Council 12 8 10.docx
provides limited pedestrian activity. The access and circulation of the proposed PD
concept Plan is not consistent with this portion of the City Center Vision plan.
PUBLIC SPACE NETWORK
The Public Space Network Concept Plan which shows possible location for public
squares of plazas, greenways, and natural areas along streams and drainage ways,
and an expanded network of on and off street trails and pedestrian friendly
streetscapes. The proposed conceptual plan does not show any public spaces or
natural areas; however there is an 8’ wide connection to a future trail with a gate
located north of the subject property. Since, the open spaces within the proposed
apartment complex are private/ gated; the open space shown does not contribute
towards the overall public space network.
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan was
adopted after the consideration of the PD concept plan that was similar to this one
in November 2008. The Comprehensive Plan lists factors to be considered when a
rezoning is being considered within a significantly developed area:
•
Conformance with Desired Land Use: The Future Land Use Plan (FLUP)
designates the subject property for mixed use primarily non-residential. Mixed
Use Primarily Non-Residential is a mixture of non-residential and residential
uses with the non-residential component comprising a greater percentage of
the development than the residential component. Non-residential uses
should be limited to planned business campus developments allowing office,
retail, light assembly and warehouse distributions centers and public uses.
•
Impact on Infrastructure: The water master plan, sewer master plan, and
thoroughfare plan are all based on the anticipated land uses as shown on
the Future Land Use Plan. The proposed zoning should have a minimal
impact on the existing and planned infrastructure in the area.
•
Impact on Public Facilities/Services: Similar to infrastructure, the public
facilities/services are planned for based on the anticipated land uses as
shown on the Future Land Use Plan. The proposed zoning should have
minimal impact on public facilities and services such as schools, fire and
police, libraries, parks and sanitation services.
•
Compatibility with Existing Potential Adjacent Land Uses: A majority of the
property surrounding the subject property is intense retail and office uses
located south and east of the subject property. The proposed residences
would be in keeping with the bulk and scale of the surrounding buildings.
•
Intensity Plan: The intensity plan is to serve as a guide to the appropriate
degree of use for residential and non-residential uses. Intensity is intended to
encompass a variety of factors including dwelling units per acres, volume of
traffic generated, and size and scale of buildings. According to the Intensity
Plan, the subject area is designated as a Level 6, which focuses around transit
stops and the City Center. Single family units should primarily be limited to
those already existing, with the majority of the residential units consisting of
O:\CASES\2010\2010-24 PD-ZC Uptown Cedar Hill Apts\Memo to City Council 12 8 10.docx
mixed used development and town homes. A mixture of retail, office, civic,
public and open spaces are appropriate for this level. It should be notated
that pedestrian orientation and design are key. Although the applicant has
provided several pedestrian amenities, there still isn’t a non-residential
component to the proposed zoning request.
CONFORMANCE TO THE MASTER PARK PLAN: The proposed rezone does not conflict
with the Master Park Plan.
CONFORMANCE TO THE MASTER THOROUGHFARE PLAN: The proposed rezone does
not conflict with the Master Thoroughfare Plan.
OPPOSTION TO OR SUPPORT OF REQUEST: Staff has not received any comments in
support or opposition to this request
SUMMARY:
The Proposed PD concept plan is not consistent with the Comprehensive Plan or the
City Center Vision Plan. In regards to the City Center Vision Plan the inconsistencies
include the Land Use/Urban Form and the Street and Urban Blocks Plan. The
proposed PD concept plan does not show a 4-8 story vertical mixed used land use,
which is suggested by the City Center Plan. The fact the proposed PD concept plan
shows a gated community, conflicts with the intent of smaller block perimeters and
the idea to promote pedestrian activity.
In regards to the Comprehensive Plan the inconsistencies include the Future Land
Use Plan and the Intensity Plan. The proposed PD concept plan doesn’t show an
intense mixed use primarily non-residential component.
ATTACHMENTS:
• Letter of Intent
• Proposed PD Concept Plan
• Proposed Development Standards
• Uptown Boulevard Streetscape Exhibit
• Pioneer Trail Streetscape Exhibit
• Elevation Exhibit
O:\CASES\2010\2010-24 PD-ZC Uptown Cedar Hill Apts\Memo to City Council 12 8 10.docx
CITY OF CEDAR HILL
REQUEST FOR PLACEMENT ON CITY COUNCIL AGENDA
Date of Request:
Action Requested:
December 22, 2010
Requested Agenda Date:
January 11, 2011
Other
Agenda Item: Case No. 10-25 – Conduct a Public Hearing and consider a request for a Conditional
Use Permit (CUP) to operate a Used Merchandise, Furniture, Antique Shop, Rummage, Second Hand
Store (Indoor Only) within a Local Retail zoning district located at 213 North Highway 67, Suite 700-A,
requested by David George of Kite Realty Group, on behalf of Plato’s Closet.
Summary of Item: This is a request for a Conditional Use Permit (CUP) to operate a retail store
specializing in high end used clothing within a Local Retail zoning district.
The Planning Department has reviewed the enclosed site plan and finds it in general compliance
with City codes, policies and ordinances.
As with all CUP requests, a public hearing must be conducted before consideration. Notice of this
hearing was published in The Focus Daily News and mailed to property owners within 200 ft.
The Planning & Zoning Commission conducted its public hearing on this request on December 21,
2010. No one other than the applicant spoke regarding this request. The Commission, by a vote of
5-1, recommended approval of this request, as presented.
Recommended Action: Conduct a public hearing and concur with the Planning & Zoning
Commission’s recommendation.
Fund Source (if required)
N/A
Briefing Item, Consent or Regular Agenda:
Public Hearing
Director/Recommended Department:
Rod W. Tyler, Director of Planning
Contact and Phone Number:
Rod W. Tyler, 972-291-5100 ext. 1083
Notes:
Attachments:
yes
If yes, how many pages: 17
City of Cedar Hill
Planning and Zoning Commission
December 21, 2010
DRAFT
Page 1 of 5
MINUTES
PLANNING AND ZONING COMMISSION
Meeting of December 21, 2010
The Planning and Zoning Commission of the City of Cedar Hill, Texas met on TUESDAY,
December 21, 2010 at 6:00 p.m. in the T.W. “Turk” Cannady/Cedar Hill Room, 285 Uptown
Boulevard Building 100, Cedar Hill, Texas.
Present: Chairman Theresa Brooks, Vice-Chairman Bill Strother and Commissioners Bill Nanry,
Lisa Thierry, Gehrig Saldaña and Tim Hamilton.
I.
Call the meeting to order
Chairman Brooks called the meeting to order at 6:04 p.m. declaring it an open meeting in
which a quorum was present and the meeting notice was duly posted.
II.
Approve the minutes of the December 7, 2010 regular meeting
A motion was made by Vice-Chairman Strother to approve the December 7, 2010 minutes,
with two corrections. The motion was seconded by Commissioner Hamilton. The vote was as
follows:
Ayes:
5 – Chairman Brooks, Vice-Chairman Strother and Commissioners Hamilton, Nanry
and Thierry.
Nays:
0
Abstention: 1-Commissioner Saldaña.
Chairman Brooks declared the motion carried.
III.
Citizens Forum
No one spoke
IV.
Case No. 10-25 – Conduct a Public Hearing and consider a request for a Conditional
Use Permit (CUP) to operate a Used Merchandise, Furniture, Antique Shop, Rummage,
Second Hand Store (Indoor Only) within a Local Retail zoning district located at 213
North Highway 67, Suite 700-A. Requested by David George of Kite Realty Group.
David George of Kite Realty Group, 30 S. Meridian Street, Suite 100, Indianapolis, IN 46204,
stepped forth to present this request and answer any questions from the Commission.
Mr. George stated that Kite Realty Group owns and manages Cedar Hill Village and the Plaza
at Cedar Hill. He was most recently before the City with a revised site plan for the Plaza, which
included some façade changes, new paint and awnings and extensive landscaping
improvements. This particular request is on behalf of Plato’s Closet, which sells high-end, gently
City of Cedar Hill
Planning and Zoning Commission
December 21, 2010
DRAFT
Page 2 of 5
used clothing and accessories; and per City ordinance, used merchandise sales requires a
Conditional Use Permit.
Chairman Brooks opened the floor for anyone wishing to speak in favor of this request.
No one spoke.
Chairman Brooks closed that portion of the public hearing and opened the floor for anyone
wishing to speak in opposition to this request.
No one spoke.
Chairman Brooks closed the public hearing and opened the floor discussion by the
Commission.
Commissioner Hamilton asked the applicant if there was a location in Arlington,
John Huggins, owner/operator of Plato’s Closet, 3805 Fairway Dr. Granbury TX, 76049, stepped
forth to address the Commission. He stated that there is a location in Arlington and that
Plato’s Closet has over 300 locations nationwide.
Additionally, Commissioner Hamilton asked if there would be any outside sales, storage or
display.
Mr. Huggins stated that no, they will not have any outside sales, storage or display. He stated
Plato’s Closet is a franchise and as such there are certain standards for purchasing and
displaying merchandise. All items are reviewed before being purchased to ensure they meet
the standards set forth by Plato’s Closet.
Vice Chairman Strother stated that he was surprised to find out Plato’s Closet was a national
chain. Additionally, he stated that Cedar Hill has a few second hand clothing stores but they
are operated by non-profit organizations.
Seeing no other questions or comments for the applicant, Chairman Brooks asked the
Commission for a motion.
A motion was made by Commissioner Hamilton to approve Case No. 10-25, as presented. The
motion was seconded by Commissioner Saldaña. The vote was as follows:
Ayes:
5 – Chairman Brooks, and Commissioners Nanry, Saldaña, Hamilton and Thierry.
Nays:
1- Vice-Chairman Strother
Vice-Chairman Strother stated that he did not feel this location was appropriate for the sale of
used merchandise, hence the reason for not voting in favor of this request.
Chairman Brooks declared the motion carried.
City of Cedar Hill
Case No. 10-25
Conditional Use Permit (CUP)
Sale of Used Merchandise / Second Hand Store
within the LR Zoning District
.
213 North Highway 67, Suite 700-A
50
0
50
100
150
Map Printed - Dec. 2010
Cedar Hill Planning Department
Aerial Photography - Spring 2009
200 Feet
1-inch = 150-feet
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APPLICATION
FOR
Conditional Use Permit
A
CEDARHIiL
City of Cedar Hili - 285 Uptown Blvd. Bldg. 100­
Cedar Hili, Texas 75104 - 972-291-5100- fax 972-291-7250
SUBJECT PROPERTY INFORMATION:
Property General Location: ~hJ /I
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•
Attach, labeled as "EXHIBIT A", is a current survey plat (8 V2 x 11) delineating the subject
property and a metes bounds description of the boundary of the property prepared and
sealed by a registered surveyor.
Tract Number / Lot, Block, Addition Name
Acreage:
1ft 51
ALL DW
r///lcr .1;) ~e>r /~-.s;l C"-,QA4r2 /l/e.L U~fiF At11J1'W.
Current Zoning: _ _.....;L-::.....-~
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Proposed Use(s): lIS~ H~Uwl4~~Future Land Uses Designation: tJ:ji!¢) Af.Rt.41ANplJ"e
ltV Stln'£ 7Di'A ~
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PROPERTY OWNER INFORMATION:
I hereby certify that I am the owner of the herein described property and
A plicant to file this application on my behalf.
Kec. c.e~("
Signature of .Pro
authorize this
1ft Il~~~
Owne~MailingAddre~:~~~~~~~~~~~~~~~~~~~~~~~~~~
Telephone:
_~~~_~~_
Fax:
E-mail:
~~_~_
_
APPLICANT INFORMATION:
•
I, as the Applicant of this request, shall place a "Conditional Use Permit Request" sign in a
conspicuous place on the property at least 15 days before considered by the P&Z.
•
My representative or I will be present at the Planning and Zoning Commission meeting and
City Council Meeting to present this request to them.
•
I certify that the attached property description is an accurate description of the property for
which this zoning change is being requested.
. (\Ii -----r
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g Address:
Telephone:
~~_~~_~~~_~_ _~_~_
~~~~~~~_~
~_~~_~~_
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E-mail: ~
Fax: _~~_~_~_
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Information listed below to be completed by City Staff:
,D·~5
Fee Paid: $ 5;) :2 •~ 5'"
Case No. #
Probable Date - P&Z Hearing:
Received
Sign Deposit: $
ro
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Probable Date ­
RECRlv~D
OCT 2 9 2010
S \Plannmg\FoT1n~ & A..ppllCatlons ' APPI leA nON 6: SUBMIT1 AI GUIDEI./1\iFS- Clip doc
INFORMATION CHECK LIST for
CONDI1'IONAL USE PERMIT SITE PLAN REVIEW
The following checklist is provided to assist the plan preparer in submitting an application for
CUP SITE PLAN APPROVAL. The plan preparer should consult City of Cedar Hill Zoning Code,
Section 2.6, Subdivision Regulations, and Public Works Design Manual before submitting an
application of Site Plan Approval.
PRE-PLANNING
• Consult with Planning Department with sketch plan before beginning detailed plans.
SUBMITTALS
• Application form - Completed & signed
• Informational Checklist - Completed and signed by the Designer
• Applica'tion fee - check made out to "the City of Cedar Hill.
• 8. sets of CONDI1'IONAL USE SITE PLAN & BUILDING ELEVATIONS· 24" x 36" blackline prints
with the following information:
GENERAL PLAN REQUIREMENTS
•
•
•
•
•
•
•
•
•
•
•
Scale: 1" = 100' (or larger size) with graphic scale, as appropriate.
Bold TItle near lower right hand corner of plan, with Lot, Block & Addition name, and
street address;
Vicinity or location map, date, and north point;
Names, address, phone and FAX numbers of the Plan Preparer and Applicant;
Escarpment Zone location, if applicable;
PROPERTY LAYOUT
Bearings & Distances of subject property along a bolded property line;
Building lines & easements;
Lot number(s) and block letter(s);
Location, size and purpose of easements;
Horizontal clear triangles at all driveways;
25' sight visibility & pedestrian triangles at intersections;
BUILDING LAYOUT
•
•
•
Building foot print;
Label distance from property lines & between buildings;
Minimum Finished Floor Elevations (when adjacent to flood prone areas);
Gross floor area of each building;
Height and bulk of structures;
•
Building Elevations with exterior facade material and color indicated & percentage of
building elevation;
Building height and roof slopes indicated;
•
•
BUILDING ELEVATIONS
•
ON-SITE & OFF-SITE CIRCULATION
•
•
•
•
Pavement lines, street medians, street intersections, street names, sidewalks, and
driveways in the vicinity;
Proposed driveway locations, widths, curb radii;
Distances between on and off site driveways and between driveways and street
intersections;
Parking lot maneuvering and fire lanes, with dimensions;
PARKING LOT LAYOUT
•
•
Use the "Typical Parking Table" provided in this packet;
Parking table indicating the minimum number of parking spaces required vs. provided;
Parking space design showing - lot layout, number and size of parking spaces,
handicapped spaces, & loading zones;
OCT 2 9 2010
S:\Planning\Fonns & Applications\APPLlCATION & SUBMITTAL GUlDFLINES- CUP.doc
.........L
, ....
Page 10f2
CONDITIONAL USE PERMIT SITE PLAN REVIEW (cont.)
PARKING LOT LAYOUT (cont.)
•
•
•
•
Parking lot maneuvering areas showing - fire lanes, curb stops, and pavement material;
Sidewalks, existing & proposed;
Show lighting with reference to glare or spillage over property lines, traffic safety,
economic effect, and compatibility with properties in the district;
Show all traffic control signs and locations.
GRADING
•
•
Detail existing topography (5' contours);
Show proposed grading;
LANDSCAPING
•
•
•
•
•
•
•
•
•
Location of existing trees 8" in diameter or greater with type & size indicated;
Indication of trees to be retained vs. removed & a description of the tree removal
mitigation.
Delineate the "Street Yard" forward of the front fa<;ade to the ROW frontage and
indicate it's size square feet;
Use the "Typical Landscape Table" provided in this packet.
Landscape table indicating the minimum amount of land area to be landscaped in
Street Yard: required vs. provided;
Locate all landscaped area & indicate their square footage;
Type & size of proposed landscaping (large & ornamental trees, shrubs, ground cover,
grass);
Show parking lot screening device (hedge, berm, or wall) between vehicle maneuvering
and parking along any Right-of-Ways;
Note stating that underground irrigation system will be installed in conformance to Cedar
Hill Ordinance or hose bib is within 1DO-feet hose pull of all required landscaping.
UTILITIES
•
•
Show existing public and/or private utility facilities and easements indicating location,
type, and size;
Show proposed water & sewer mains, meters, tap size, type and locations and required
back1'l0w prevention devices;
SCREENING
•
•
•
•
•
•
•
•
•
•
•
Trash receptacle and recycling areas;
Screening as required by ordinance;
Detail showing materials and colors of proposed screening walls and fences.
STREETS, DRAINAGE & U'rILll'IES
Show existing & proposed street lines, pavement edges with widths & ROWs with widths;
Percentage of impervious coverage;
Limits of 100 year frequency storm water run-off;
Boundaries and elevations of flood prone areas as identified on the Flood Insurance Rate
Maps (FIRM);
Areas subject to flooding and areas to be reclaimed;
Layout and capacity of drainage system, on & off-site;
Locations of proposed detention / retention areas, inlets, lines, outfalls & other drainage
structures;
Locations and size of drainage and utility easements.
OCT 2 9 201U
City OfC~:tK Hill
S:\Planning\Forms & Applicauons\APPI.lCATION & SURMITTAI. GUlDFLlNFS- CUP.doc
PLAN PREPARERS ACKNOWLEDGMENT:
I have reviewed the City of Cedar Hill's Codes and have prepared the attached Site Plan in
acco~
n e with thJje regulations.
X
,£
i)1hr,D
Plan Preparer's Signature
a Gtai?4 14-.
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Print Name &Tttle
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Page 2 of 2
City of Cedar Hill
Typical Landscaping and Parking Site Plan Forms
These forms should be used on the site plan in conjunction with the Conditional Use Permit
submission.
Landsca e Table
Total Lot Area
Total Street Yard Area
if.sl AGo
Minimum Landscaping Required
Landscaping Provided
Minimum Trees Required
Trees Retained
Trees Provided
Total Street Yard Trees
(20% of street Yard)
(3-inch caliper or larger)
e:.'¥-l~'
Cx.,':!r
-e)t., ~.,..
.£;k I ";).,.­
Parkin Table
Building Finished Floor Area
Parking Required
(1 space per~1,.~ sq.ft.. gross floor area)
Parking Provided
Additional "Use Specific" Parking Requirements (*)
-
(*) - This reference, if applicable, will be listed in the Use Table of
the zoning ordinance (§4. J.3) under supplemental requirements.
Omit this line if no supplemental requirements are applicable to
the proposed land use (i.e.; queuing or stacking spaces)
S:\Planning\Fonns & Applications\APPl.lCATION & SUBMITTAL GUIDELINES- CUP,doc
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OCT 2 9 2010
City ofC~2f }-ljll
PLATO'S CLOSET
Good evening. We are John and Joan Huggins, and we have come to you today to request a
Conditional Use Permit for our intent to open a Plato's Closet store in the Cedar Hill Village
Shopping Center. This is a business franchised from the Winmark Corporation of Minneapolis,
Minnesota.
Winmark Corporation (WINA on Nasdaq) is the parent company for Plato's Closet, Once Upon A
Child, Music Go Round and Play It Again Sports. The combined revenue generated by the
franchise locations for the four brands was about $607 Million in 2009. Plato's Closet
accounted for $206 Million - a figure that will increase sharply again this year with 35 new
stores opening in 2010. In a time where many retailers are closing, there have already been 15
signed franchise agreements for stores slated to open in 2011 and at least 30 more are
expected to be signed by year end.
h
The proposed Cedar Hill location will be the 1i Plato's Closet store in the Metroplex. Several
of these locations are consistently in the top quartile of the Plato's Closet system. Statewide
Plato's Closet has 27 stores in operation and their cumulative sales numbers are trending up
10% over last year. With over 280 Store locations throughout the United States and Canada,
Plato's Closet is the only national teen and young adult retail store of its kind - focusing on the
buying and selling of gently used, brand-name clothing and accessories.
Though not your typical secondhand clothing store, it will unquestionably fill a distinct niche in
the retail marketplace. We buy and sell only items that have been in the retail stores within the
past 12 to 18 months, therefore satisfying the wish list for trendy, brand-name apparel and the
availability of it in virtually every teen's closet.
Typically our core customers will be females ranging in the 12 to 24 year old age group. The
secondary customers following closely behind will be females (including moms) ranging in the
25 to 45 year old age group. And last but certainly not least, our third customer group will
consist of males in the 12 to 24 year old age group.
We are attaching several photos of Plato's Closet stores, and a preliminary sketch of the Cedar
Hill store floor plan for your information. The design and decor will be controlled by Winmark
Corporation, and our store will look much like the ones in the enclosed pictures. The business
involves both buying and selling merchandise from and to the general public. Our clients will
bring their gently used clothing to the store location. We will selectively choose the goods that
NO'! 22 2011)
Cit:f
_!
~rl_,' _ ~l
fit our target market and offer a price based on condition and salability. The Win mark point of
sale system keeps an extensive database of the items we are most interested in. Items are
purchased for cash and immediately go into store inventory. At any given time the bulk of the
store's inventory will be on the sale room floor. We will have a small storage area in the rear of
the store for seasonal goods and we may have to use off-site storage, as well. We do not
anticipate using the sidewalk area for any of our sales or storage needs.
This business is community driven and will be very involved in the local schools and events.
Most importantly, Plato's Closet provides jobs to high school and college students, which is
typically an age group that is challenged to find employment - particularly in today's economy.
The average store employs 10-14 part time students in addition to 3-4 more at a management
level. We plan our hours of operation to be 10:00 am to 8:00 pm, Monday through Saturday,
and noon to 6:00 pm on Sundays.
In conclusion, we would like to mention the obvious fact that this is an environmentally friendly
business, in that we are recycling quality clothing for further use. Our business allows families
to clean out their closets, as well as allowing others to stay trendy and fashionable in a fashion
pressured society.
NOV 22 20ta
Cj y_
City of Cedar Hill
P.O. Box 96
Cedar Hill, T exas 75106
972-291-5100
fax 972-291-5107
TO:
Rod Tyler, Director of Planning
FROM:
Don Gore, Planner
SUBJECT:
Case #10-25 CUP 213 N. Hwy 67, Suite 700-A. – Second Hand Store to
operate within a “LR” – Local Retail District
DATE:
December 21, 2010
APPROVAL PROCESS: The recommendation of the Planning and Zoning Commission
will be forwarded to the City Council for consideration on January 11, 2011.
ITEM SUMMARY: The applicant is requesting a conditional use permit to operate a
Used Merchandise, Furniture, Antique Shop, Rummage, Second Hand Store (Indoor
Only) within the “LR” – Local Retail District, located at 213 N. Highway 67, Suite 700A. The applicant has indicated this would be a second hand clothing store that
only buys and sells items that have been in the retail stores within the past 12-18
months. The letter of intent outlines the hours of operation to be 10:00am – 8:00pm,
Monday through Saturday, and noon to 6:00pm on Sundays. There will be no
outside sales or storage
STAFF RECOMMENDATION: Staff recommends approval of the proposed conditional
use permit, as presented.
APPLICATION SUBMITTAL DATE:
October 29, 2010 (Original Application)
November 22, 2010 (Complete Application)
ZONING NOTIFICATION SIGNS: As specified in Section 2.3 of the City of Cedar Hill
Zoning Ordinance, the applicant posted notification signs on the subject property.
SURROUNDING ZONING AND LAND USES:
Subject Property:
“LR” – Local Retail District (retail, and office uses) and “UT”Uptown Overlay District (mixed use)
North
“LR” – Local Retail District
(retail, and office uses) and
“UT”Uptown
Overlay
District (mixed use)
JC Penny Department Store
South
“LR” – Local Retail District
(retail, and office uses)
and “UT”- Uptown Overlay
District (mixed use)
Residences
East
“LR” – Local Retail District
(retail, and office uses)
and “UT”- Uptown Overlay
District (mixed use)
Cedar Hill Village Strip Mall and
Chase Bank
West
“LR” – Local Retail District
(retail, and office uses)
and “UT”- Uptown Overlay
District (mixed use)
24 Hour Fitness Club
Discussion: The Zoning Ordinance requires a conditional use permit (CUP) for
second hand stores within the Local Retail Zoning District. The CUP process verifies
the proposed use is compatible with its surrounding uses, and mitigates any
negative impacts that maybe produced. The intent of the “LR” – Neighborhood
Services zoning district is to provide neighborhood and/or local shopping facilities for
retail sales of good and services, shopping centers and regional malls serving the
entire community.
ACCESS/CIRCULATION:
Adjacent Streets:
Cedar Hill Village , 60 Right-of-Way, Class V Local Street
Internal Circulation: The subject property fronts on Cedar Hill Village which feeds in
to Highway 67 frontage Road as well as Clancy Nolan Road.
LANDSCAPING REQUIREMENTS:
Landscaping requirements were approved
previously with the associated case. After an inspection of the site, all required
landscaping is present.
PARKING: The Zoning Ordinance requires the applicant to provide 1 parking space
for every 200 square feet of gross floor area for retail uses. The existing parking
spaces provided are sufficient to absorb the proposed retails uses.
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Future Land Use Plan (FLUP)
designates the subject property for retail uses. Retail uses are typically providing
merchandise for retail sale, including shopping malls, shopping centers, restaurants,
grocery stores. These uses are generally permitted within retail districts.
The
Comprehensive Plan lists factors to be considered when a change of use is being
considered within a significantly developed area:
•
Conformance with Desired Land Use: Currently, the future land use plan
shows the subject property as retail uses. The proposed second hand facility
uses are very similar to the types of uses found in Local Retail Districts . The
proposed use is generally consistent with the future land use of public /semipublic uses.
•
Impact on Infrastructure: The water master plan, sewer master plan, and
thoroughfare plan are all based on the anticipated land uses as shown on
the Future Land Use Plan. The proposed use should have a minimal impact
on the existing and planned infrastructure in the area.
O:\CASES\2010\2010-25 CUP Plato Closet\Staff Report\Staff Report 12.21.10.docx
•
Impact on Public Facilities/Services: Similar to infrastructure, the public
facilities/services are planned for based on the anticipated land uses as
shown on the Future Land Use Plan. The proposed use should have minimal
impact on public facilities and services such as schools, fire and police,
libraries, parks and sanitation services.
•
Compatibility with Existing Potential Adjacent Land Uses: A majority of the
property surrounding the subject property is retail in nature except for the
residences located south of the subject property. The proposed second
hand store would be in keeping with the bulk and scale of the surrounding
buildings.
•
Intensity Plan: The intensity plan is to serve as a guide to the appropriate
degree of use for residential and non-residential uses. Intensity is intended to
encompass a variety of factors including dwelling units per acres, volume of
traffic generated, and size and scale of buildings. According to the Intensity
Plan, the subject area is designated as a Level 5, which includes a
combination of retail uses and office campus uses. The proposed use does
not conflict with the intensity plan.
CONFORMANCE TO THE MASTER PARK PLAN: The proposed rezone does not conflict
with the Master Park Plan.
CONFORMANCE TO THE MASTER THOROUGHFARE PLAN: The proposed rezone does
not conflict with the Master Thoroughfare Plan.
OPPOSTION TO OR SUPPORT OF REQUEST: Staff has not received calls in opposition or
support of the request.
ATTACHMENTS:
• Letter of Intent
• Proposed Site Plan Exhibit
• Elevation Plan Exhibit
• Floor Plan Exhibit
O:\CASES\2010\2010-25 CUP Plato Closet\Staff Report\Staff Report 12.21.10.docx
C i ty o f C e d a r H il l
28 5 U p t ow n B lv d . B l d g. 1 00
C e d a r H i ll, Te x a s 75 1 04
9 72 -2 91 -5 1 00
fa x 9 72 -2 91 -7 2 50
December 10, 2010
NOTICE OF PUBLIC HEARINGS
Proposed Conditional Use Permit
The City of Cedar Hill has received the following request for a Conditional Use
Permit. As with all such requests, the Planning and Zoning Commission and City
Council are seeking public comment regarding this matter.
NOTICE is hereby given to all interested persons that a public hearing will be
conducted to consider Case No. 10-25; a request by David George of Kite
Realty Group for a Conditional Use Permit (CUP) to operate a Used Merchandise,
Furniture, Antique Shop, Rummage, Second Hand Store (Indoor Only) within a
Local Retail zoning district, located at 213 North Highway 67, Suite 700-A.
PLANNING AND ZONING COMMISSION
TIME:
DATE:
LOCATION:
6:00 P.M.
Tuesday, December 21, 2010
Turk Cannady – Cedar Hill Room
285 Uptown Blvd. Building 100
Cedar Hill, TX 75104
CITY COUNCIL
TIME:
DATE:
LOCATION:
7:00 P.M.
Tuesday, January 11, 2011
Turk Cannady – Cedar Hill Room
285 Uptown Blvd. Building 100
Cedar Hill, TX 75104
All interested persons are invited to attend and make comments. Written
comments will also be accepted. For more information regarding this request
please contact the Planning Department at (972) 291-5100 Ext. 1081 or in writing
to City of Cedar Hill, Attn: Planning Department, 285 Uptown Blvd. Bldg. 100,
Cedar Hill TX. 75104
Respectfully,
Rod W. Tyler
Director of Planning
KRG CEDAR HILL VILLAGE LP
ATTN: DANIEL R SINK
30 S MERIDIAN ST STE 1100
INDIANAPOLIS, INDIANA 46204-3565
CEDAR HILL VILLAGE LP
200 KNOX PLACE
4645 N CENTRAL EXPY
DALLAS, TEXAS 75205-7323
J C PENNEY CO INC
%RICH WRIGHT
P O BOX 10001
DALLAS, TEXAS 75301-0001
CASTLEMAN TOM F
PO BOX 456
CEDAR HILL, TEXAS 75106-0456
ARBOGAST JOHN W
214 BROWNING LN
GRAND PRAIRIE, TEXAS 75052-3316
ARBOGAST JOHN W
214 BROWNING LN
GRAND PRAIRIE, TEXAS 75052-3316
OTUTU SONNY
PO BOX 2992
CEDAR HILL, TEXAS 75106-2992
WACASTER LINDA JOE
5970 SLEEPY HOLLOW LN
MIDLOTHIAN, TEXAS 76065-4620
CHEN LI LI
1321 RUSTICWOOD DR
DESOTO, TEXAS 75115-7772
DAVID C ROBINSON
1135 ROCKY BROOK DR
CEDAR HILL, TEXAS 75104-3412
BANK ONE
PO BOX 810490
DALLAS, TEXAS 75381-0490
CITY OF CEDAR HILL
REQUEST FOR PLACEMENT ON CITY COUNCIL AGENDA
Date of Request:
Action Requested:
December 22, 2010
Requested Agenda Date:
January 11, 2011
Other
Agenda Item: Case No. 10-29 – Conduct a Public Hearing and consider the Re-Plat of Lots 4 & 5, High
Meadows Industrial Park Addition into Lots 4R-A, 4R-B and 5R, High Meadows Industrial Park Addition,
being 13.344 acres of land out of Abstract 1218 generally located on the northeast corner of High
Meadows Way and Independence Way, requested by David Reaves on behalf of Craig Johnson of
Pep Wear.
Summary of Item: Approval of this re-plat will subdivide a 13.344 acre lot into 3 non-residential lots.
The applicant proposes to construct a light manufacturing facility on Lot 5R. The site plan for the
proposed building is also on tonight’s agenda.
The Planning Department has reviewed the enclosed re-plat and finds it in general compliance with
City codes, policies and ordinances.
State Law requires a public hearing be conducted before acting on any re-plat; however, no
advance notification is required on non-residential re-plats.
The Planning & Zoning Commission conducted its public hearing on this request on December 21,
2010. No one other than the applicant spoke regarding this request. The Commission, by a vote of
6-0, recommended approval of this request, as presented.
Recommended Action: Conduct a public hearing and concur with the Planning & Zoning
Commission’s recommendation.
Fund Source (if required)
N/A
Briefing Item, Consent or Regular Agenda:
Public Hearing
Director/Recommended Department:
Rod W. Tyler, Director of Planning
Contact and Phone Number:
Rod W. Tyler, 972-291-5100 ext. 1083
Notes:
Attachments:
yes
If yes, how many pages: 8
City of Cedar Hill
Planning and Zoning Commission
December 21, 2010
V.
DRAFT
Page 3 of 5
Case No. 10-29 – Conduct a Public Hearing and consider the Re-Plat of Lots 4 & 5, High
Meadows Industrial Park Addition INTO Lots 4R-A, 4R-B and 5R, High Meadows Industrial
Park Addition, being 13.344-acres of land out of Abstract 1218 generally located on the
northeast corner of High Meadows Way and Independence Way. Requested by David
Reaves on behalf of Craig Johnson of Pep Wear.
Gina McClain, Nationwide Construction, 1106 Fawn Meadow Trail, Kennedale, TX. 76060,
stepped forth to present this request to the Commission.
Ms. McClain stated that this re-plat was necessary to subdivide the property for development.
Chairman Brooks opened the floor for anyone wishing to speak in favor of this request.
No one spoke.
Chairman Brooks closed that portion of the public hearing and opened the floor for anyone
wishing to speak in opposition to this request.
No one spoke.
Chairman Brooks closed the public hearing and opened the floor discussion by the
Commission.
Commissioner Hamilton stated that he lives about a half mile from this site and asked about
the nature of proposed development.
Ms. McClain stated that her client primarily works with schools, providing cheer wear, t-shirts,
plaques, etc. and because of his rapidly expanding business, needs a larger facility. Currently
the business is located in Midlothian.
A motion was made by Vice-Chairman Strother to approve Case No. 10-29, as presented. The
motion was seconded by Commissioner Nanry. The vote was as follows:
Ayes: 6 – Chairman Brooks, Vice-Chairman Strother and Commissioners Nanry, Saldaña,
Hamilton and Thierry.
Nays:
0
Chairman Brooks declared the motion carried.
City of Cedar Hill
Case No. 10-29
Replat of
50
0
50
100
150
1-inch = 200-feet
200 Feet
Map Printed - Dec. 2010
Cedar Hill Planning Department
Aerial Photography - Spring 2009
Pep Wear
Edge
field
TT A
R
AR
.
Lots 4 and 5
INTO
Lots 4R-A; 4R-B and 5-R
High Meadows Industrial Park
Proposed Lot
4R-A
TT A
R
AR
w ss
H
M ee aa dd oo w
H ii gg hh M
H
H ii gg hh
Proposed Lot 4R-B
Proposed Lot
5-R
II nn dd ee pp ee nn dd ee nn cc ee
City of Cedar Hill
285 Uptown Blvd. Bldg. 100
Cedar Hill, Texas 75 104
972-291-5100 ext 1080
fax 972-291-7250
SUBJECT PROPERTY INFORMATION:
~.AI£4/>b4tlS' ~ ... -Z;.IPEP~ a4y
Tract Number(s)/Survey Abstract~j12f.s 4-; 5
46:N l'ft{,QJ,hIfVS Z;e-u.~ A4E-d
Property General Location:
X ..p-
Current Zoning:
Gross acreage:
.-J./~~:iL1'~'::"'+~+~--------
I certify that I am the owner ofthe herein described property and that I am filing or authorize this Applicant to file this
Applica ion on mY~ehal
.
-..Io~=--
\
~
.
4t..IPJA/71'ctdPD~
Signature a/Record;OP;owner;
Printed Name a/Property Owner
Z85 (jPPU-"AI ~V~. :JI:/~O C~ dte..k~
Telephone:'7Z'291 ... S/f2. ".3F'ax:
E-mail:
Owners Mailing Address:
Ji.
1S/04­
APPLICANT / DEVELOPER:
Applicant Name
_
Company Name,
_
Address
_
.Fax:
Telephone:
PLAT DESCRIPTION:
INDICATE TYPE OF PLAT:
Proposed Addition Name: k4lll
Number of Lots:
3
D
46.
E-mail:
0
Preliminary Plat
+I!-/
Lot Size: - smallest: lot # I
5,<.
Final Plat
_
~ Re-Plat
0
Amending Plat
~ A2Jw0eed MUS'l':
area~; largest:
lot # I area
&.
1. 4 417
Ae..
ENGINEER/ PROJECT COORDINATOR/APPLICANTS REPRESENTATIVE INFORMATION:
~.,... ~~~#(},
Company Name
£:'t!lVID &Av£5
Name:
~Z,4'i 1le1JJ~/(,.L
817, 'Z.~"31!J1
Fax:
Mailing Address:
Telephone:
ZNe.
Sf!
~ M,erN" 7K. 1~//"
E-mail::TAft",f"M/r.3~ A()~,Q:),.",
SURVEYOR INFORMATION:
/J2,cA',e It.. Cq,c.
Company Name: /JJu:::V4,;e.. L.. ax .:;l;e.
Mailing Address: ZZz. 76..t.4~ S1:
C~ /4,1. "lit. 2S'/c~
Telephone:912·2.'}/, 7B48
Fax:'flZ.'29/~764lJ" E-mail:;~~~f~~r
Surveyor's Name:
InformatIOn listed low I
mpleted by City Slaff
Case No. #
Received By
Number ofPlals received:---'o..L-_Number ofPlans Receive
Rouled 10 DRC
DRC Meeling Dale:
C'-;:H--Jlreview Fee Paid: $
ertificate Received:
Target - P&Z Dare:
Additional Conlacl Number or Noles
Page 5 of 11
S:tPlallninglFormJ & Applico1ionslAPPLICTION & SUBMITTAL GUiDELINES ~ Plats _ Final.doc
:5 :2f?100
~ {
0-/. CASH or Check # . ­
Y Are Taxes
?
Target -CC Date:
_
E VE.·-~
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NOV 242010
City or C~~· Hill
MICHAEL L .. COX
Registered Professional Land Surveyor
~
~------t--2-22-~-ex-a-s-St-re-et----------------~--------~\Wif
Cedar Hill, Texas 75104
Phone (972) 291-7848
Fax
(972) 291-7840
LETTER OF INTENT
December 8, 2010
To: Don Gore
Planning Department
1. Subject property contains 13.344 acres of land.
2. Located on the East side of High Meadows Way, West side of Tar Road and 1,842.81 feet
South of Mt. Lebanon Road
3. Phase One
4. HIGH MEADOWS INDUSTRIAL PARK
5. 3 Lots - Lot 4R-A = 7.447 acres Lot 4R-B= 1.076 acre Lot 5R= 4.82 acres. No common
areas.
6. Applicant will not be requesting consideration of a facilities agreement for deferment of
public improvements, pro-rata reimbursements, and the like.
7, There will be no Special consideration requested.
8. This is an Industrial Park re-plat
9. We would like to be considered on the next available P & Z Commission agenda.
City of Cedar Hill
P.O. Box 96
Cedar Hill, T exas 75106
972-291-5100
fax 972-291-5107
TO:
Rod Tyler, Director of Planning
FROM:
Don Gore, Planner
SUBJECT:
Case #10-29 Replat of Lots 4 and 5 of High Meadows Industrial Park
DATE:
December 21, 2010
APPROVAL PROCESS: The recommendation of the Planning and Zoning Commission
will be forwarded to the City Council for consideration on January 11, 2011.
ITEM SUMMARY: The applicant is proposing to subdivi de a platted 7.447 acre tract into 3
lots. The applicant has indica ted Lot 5 will be utilized for a light assembly and office uses.
An associated site plan (10-20SP) is being considered concurrently by the Commission.
The proposed replat for the subj ect property must be submitted, approved and filed prior to
issuance of a building permit.
STAFF RECOMMENDATION: Staff recommends approval of the proposed non-residential
replat.
APPLICATION SUBMITTAL DATE:
December
December
November 24, 2010 (Original Application)
10, 2010 (Incomplete Submittal)
15, 2010 (Complete Submittal)
SURROUNDING ZONING AND LAND USES:
Subject Property: “IP” – Industrial Park District (light manufacturing and office uses)
North
“IP” – Industrial Park District
(light manufacturing and office
uses)
Undeveloped
South
“IP” – Industrial Park District
(light manufacturing and office
uses)
Undeveloped
East
“SF-E” – Single Family
Residential- Estate
(residential)
Brookview Addition and
Residences
West
“IP” – Industrial Park District
(light manufacturing and office
uses)
Undeveloped
Discussion: The applicant is proposing to devel op the subject property in accordance with
the “IP” – Industrial Park District specifi ed in the Zoning Ordinance. The proposed plat
conforms to the zoning regulations.
ACCESS/CIRCULATION:
Adjacent
Streets/ROW:
High Meadows Way, 60’ Right-of-Way, Class V Local
Street
Independence Way, 60’ Right-o
Street
f-Way, Class V Local
Internal Circulation: The applic ant is proposing to gain access to the subject property from
Windy Lane and Evergreen Trail, which are not public streets but access easements.
TREE PRESERVATION ORDINANCE: The Tree Preservation Ordinance requires the
removal of any protected tree, except trees
in the right-of-way, easements or pad sites
authorized for removal under a tree protection plan should be mitigated. The applicant has
mitigated all the necessary trees on the subject property by planting twice the number of
diameter in inches of the protected trees to be removed.
PUBLIC IMPROVEMENTS:
Sidewalks:
Not Required in Industrial Districts
Hike and Bike Trails:
Not Required
Road Improvements:
Not Required
Utilities: Not
Required
Discussion: The subject property has access to the necessary utilities, and therefore the
applicant is not responsible for providi ng road improvements, water or sewer. The Parks
Master Plan does not show a proposed Hike and Bike Trail in the area, therefore the applicant is
not required to provide Hike and Bike Trails.
And since sidewalks are not required in the
industrial districts, the applicant is not required to provide sidewalks.
DRAINAGE: The applicant will be responsible for a ll drainage associated with the subject
property, and for compliance with the Storm Water Ordinance. Grading and drainage plans
are subject to review and approval by the Cit y Engineer, prior to issuance of a building
permit.
O:\CASES\2010\2010-29 RP Lots 4 & 5 High Meadows Industrail Park\Staff Report\Staff Report 12.21.10.doc
FEES:
Park Land Dedication Fees:
Not Applicable
Discussion: Section 20-42 of the Subdivision Ordinance requires park dedication fees for
residential subdivisions increasing the number of lots. In this case, the subject property is
increasing the lots but the pr
operty is not residential. T herefore the applicant is not
responsible for Park Land Dedication Fees.
CONFORMANCE TO THE MASTER THOROUGHFARE PLAN (MTP):
request does not conflict with the Master Thoroughfare Plan.
OPPOSITION TO OR SUPPORT OF REQUEST:
support of or opposition to this request.
The proposed
Staff has received no comments in
ATTACHMENTS:
• Letter of Intent
• Proposed Replat
O:\CASES\2010\2010-29 RP Lots 4 & 5 High Meadows Industrail Park\Staff Report\Staff Report 12.21.10.doc
MINUTES
SPECIAL CITY COUNCIL WORKSHOP
December 7, 2010
The City Council of the City of Cedar Hill, Texas, met in special session on
Tuesday, December 7, 2010 at 6:00 p.m., in the 4th Floor Administration
Conference Room, Cedar Hill Government Center, 285 Uptown Blvd., Bldg. 100,
Cedar Hill, Texas.
City Council Present: Mayor Rob Franke, Mayor Pro Tem Daniel C. Haydin, Jr.,
and Council Members Stephen Mason, Chris Parvin, Cory Spillman, Wallace
Swayze and Clifford Shaw.
Others present: Deputy City Manager Greg Porter, Assistant City Manager
Melissa Stephens, City Secretary Lyn Hill and Manager of Library Services
Kathleen Cervenka.
Mayor Franke called the meeting to order at 6:00 p.m., declaring it an open
meeting, that a quorum was present and that the meeting notice was duly
posted.
Senior Administrative Staff reviewed the topics from the November strategic
planning retreat and budget for 2011-2012, itemizing the recommendations
brought forth from the various group sessions. City Council authorized freezing
vacant public service positions as long as service delivery will not be impacted.
Following the presentation, City Council expressed their pleasure in the work of
Staff.
There being no further business, the meeting adjourned at 8:45 p.m.
Approved: __________________________
Rob Franke, Mayor
ATTEST:
________________________
Lyn Hill, City Secretary
BRIEFING MINUTES
CITY COUNCIL MEETING
DECEMBER 14, 2010
The City Council of the City of Cedar Hill, Texas, met in briefing session Tuesday,
December 14, 2010, 6:00 p.m., T.W. “Turk Cannady Cedar Hill Room, 285 Uptown
Blvd., Bldg. 100, City of Cedar Hill, Texas.
The following members of the City Council were present, to wit: Mayor Rob
Franke, Mayor Pro Tem Daniel C. Haydin, Jr., Council Members Cory Spillman,
Steve Mason, Chris Parvin, Clifford Shaw and Wallace Swayze.
I.
Call the meeting to order.
Mayor Franke called the meeting to order at 6:00 p.m., declaring it an open
meeting, that a quorum was present and the meeting notice was duly posted.
Briefing on Establishing a Tourism Advisory Board.
City Manager Alan Sims briefed City Council on a proposed resolution
establishing a Tourism Advisory Board. All ten members of the current committee
expressed desire to continue to serve.
The discussion on the make-up of the Board resulted in recommendation that
representation consist of specific distinctions, i.e., Chamber of Commerce,
Country Day on the Hill, Bike Rally, Audubon, Cedar Hill State Park, etc.
Mayor Franke added there would be a staff liaison, which is customary with all
the other city boards.
The membership would serve on a rotating basis, with 5 members serving 2-year
terms and 4 members serving 1-year terms.
Sims will bring the finished resolution back for execution at the January 1, 2011
City Council meeting.
II.
Briefing regarding Zoning Code updates.
Planning and Zoning Director Rod Tyler explained to City Council this is an
ordinary update of the Zoning Code. He noted as staff goes through their dayto-day operations, they come across some issues that need changing, and this is
an attempt to fix the things that are broken.
The main issues include:
a. Land uses in the Industrial Park (IP)
b. Exterior construction requirements to keep up with technology
and new materials
City Council Briefing Minutes
2
December 14, 2010
c. Wind turbines
d. Accessory Buildings, especially in non-residential areas
e. Elder-care facilities within residential areas to comply with state
standards
f. Historic preservation
After discussion, Mayor Franke suggested a review of one or two of the
recommended changes during a briefing session instead of all at once.
Tyler agreed to schedule some items to be heard before the City Council in the
next few meetings. He answered questions and emphasized the only step
mandated by law is that of notification. This is required in any change of the
Zoning Code.
II.
City Manager Reports:
a. City Council Calendar/Upcoming Events
City Manager Sims reviewed the City Council calendar, emphasizing the
following:
Friday, December 24, 2010 – City Offices closed for the Christmas Holiday.
Monday, December 27, 2010 – City Offices closed for the Christmas
Holiday.
Sims informed City Council another City pioneer, Dr. Frank Crawford, will be
honored for distinctive character at the City Council meeting of January 25,
2011.
IV.
Conduct a briefing session to discuss agenda items for 7:00 p.m. regular
meeting.
City Manager Sims reviewed the meeting agenda and asked various Staff
Members to review their agenda items.
A.
Assistant City Manager Melissa Stephens briefed City Council on the
changes to the Code of Ordinances, amending Chapter 18, Article II, regarding
Utility Billing operations. She itemized the following corrections:
1.
2.
3.
4.
5.
Address change
Return check charges
Straight-lining prosecution
Leak adjustment
Increasing inspection fees
City Council Briefing Minutes
3
December 14, 2010
Stephens noted they are in the process of doing a comprehensive review with
legal counsel on the entire utility billing ordinance. However, the current
changes for approval needed immediate attention.
City Council recommended placing a notice on the City’s website alerting
citizens to the charges being implemented.
B.
Stephens also presented a resolution authorizing the Cities Aggregation
Power Project, Inc. to negotiate an extension to the current electric supply and
necessary related services agreement. This gives Cedar Hill the opportunity to go
out to see what the market will provide. She noted there is no obligation and
verified that with the City’s legal counsel.
C.
Another item brought to City Council by Stephens is the establishing of a
Citywide Identity Theft Prevention Program. This is required by the Federal Trade
Commission. The proposed resolution sets parameters to be followed. Stephens
stated Staff will constantly look at certain practices to prevent identity theft. The
approval of the resolution meets the year-end obligation.
D.
There was discussion on the approval of the Fiscal Year 2010-2011 Street
Overlay list.
Mayor Franke asked for prioritizing Clark Road as many citizen comments have
been received on that particular street. He stated that the County’s Road and
Bridge program may be decreased or deleted. If that goes away, it will directly
affect the street overlay project.
E.
Mayor Pro Tem Haydin spoke regarding the appointment of Ray Stroh to
the Board of Adjustment and Appeals. He gave a confidence vote in Stroh’s
ability to be an asset to the Board.
F.
Finance Director Hardy Browder briefed City Council on the contract with
Wells Fargo Bank for commercial credit card services. He stated the most
impressive thing about the card is the ability to control the credit limits as well as
the vendors where they are used. That allows the deleting of many different
cards, moving to a single card. It gives flexibility on establishing limits in
emergency situations.
The card also acts as an accounts payable system. Vendors would get paid
quicker, which could allow rebates back to the City. Browder emphasized
several large cities have used this card for years and are more than satisfied.
G.
Mayor Franke announced the cancelation of the executive session
because the paperwork was not received for the item.
City Council Briefing Minutes
VIII.
4
December 14, 2010
Adjourn.
Upon a motion by Mayor Pro Tem Haydin and second by Council Member
Parvin, the meeting adjourned at 6:50 p.m.
__________________________
Rob Franke, Mayor
ATTEST:
_________________________
Lyn Hill, City Secretary
MINUTES
CITY COUNCIL MEETING
DECEMBER 14, 2010
The City Council of the City of Cedar Hill, Texas met in regular session Tuesday,
December 14, 2010, 7:00 p.m., T.W. “Turk” Cannady - Cedar Hill Room, 285
Uptown Blvd., Cedar Hill, Texas.
Present: Mayor Rob Franke, Mayor Pro Tem Daniel C. Haydin, Jr., Council
Members Stephen Mason, Chris Parvin, Cory Spillman, Wallace Swayze and
Clifford Shaw.
I.
Call the meeting to order.
Mayor Franke called the meeting to order at 7:00 p.m., declaring it an open
meeting, that a quorum was present and that the meeting notice was duly
posted.
The Mayor welcomed former Cedar Hill City Council Member Wade Emmert, as
well as Dr. Mike Marshall of the Cedar Hill ISD Board of Trustees.
II.
Pledge of Allegiance.
The Pledges of Allegiance to both the United States and Texas Flags were led by
Council Member Wallace Swayze.
III.
Invocation – Mayor Rob Franke
The invocation was given by Mayor Rob Franke.
IV.
Presentation:
This item was for a briefing on the Best Southwest Partnership.
Mayor Franke introduced Wade Emmert, Chairman of the Best Southwest
Partnership (BSW), Wendy Hodges-Kent – Executive Director and Chair-Elect
Kenneth Govan.
Emmert addressed the City Council stating this is the annual report and identified
the Best Southwest Partnership is a non-profit organization, funded by publicprivate partnerships from the four foundation cities of Cedar Hill, DeSoto,
Duncanville and Lancaster.
He acknowledged those on the Board in
attendance, Mayor Rob Franke, Council Member Steve Mason, Economic
Development Director Allison Thompson, Charlton Methodist Center President
Jonathan Davis, Cedar Hill Chamber of Commerce Chairman David Wilson and
Cedar Hill Chamber of Commerce President Amanda Skinner.
City Council Minutes
2
December 14, 2010
Emmert stated the BSW has spent 25 years focusing on economic growth in the
Best Southwest area. He noted they have grown larger in the past year than
ever before. They have added associate members in addition to the founding
cities, including Red Oak, Ferris, Glenn Heights and Ovilla.
Other accomplishments include the publishing of Business Images Magazine,
which is like a scouting guide for the BSW.
Emmert thanked the City of Cedar Hill for their support and assistance.
V.
Distinctive Character Presentation:
Item 1 - Present Certificates of Recognition to Phantasia Chavers, sixth-grade
student of West Intermediate School, and Gianni Williams, third-grade student of
High Pointe Elementary School – S.T.A.R. Student Awards for the month of
December.
Mayor Franke was joined at the podium by the City Council Members and the
students.
Presentations of Certificates of Recognition were given to both S.T.A.R. students
by Council Member Parvin and Mayor Pro Tem Daniel Haydin. The students
thanked the City Council and introduced family and school representatives in
attendance.
VI.
Consent Agenda.
Mayor Franke introduced the Consent Agenda and asked if any item needed to
be pulled for separate consideration. There were no requests for an item to be
removed.
Item 1 - Consider approving the minutes of the special meeting of October 2223, 2010 and the regular meeting of November 9, 2010.
Item 2 - Consider re-appointment of Michael S. Marshall, M.D. as the Local Health
Authority for the City of Cedar Hill.
Item 3 – Consider adoption of Ordinance No. 2010-426, amending Chapter 13,
Article IV Code of Ordinances – entitled Tree Preservation.
Item 4 – Consider lease agreement with Child Protective Services for use of office
space in the Grady M. Lamb Community and Police Services Building.
Item 5 – Consider adoption of Resolution No. R10-314 for the City’s continued
participation in the Dallas County Agreement for Mutual Aid.
Item 6 – Consider awarding newsletter printing services for two years with a one
year renewal option to Logan Graphics.
City Council Minutes
3
December 14, 2010
Item 7 – Consider request for matching grant reimbursement from Highlands
South Neighborhood Crime Watch.
Assistant City Manager Melissa Stephens read Ordinance No. 2010-426.
Upon a motion by Mayor Pro Tem Haydin and second by Council Member
Swayze the item passed by the following vote:
Ayes: Mayor Franke, Mayor Pro Tem Haydin and City Council Members Mason,
Parvin, Shaw, Spillman and Swayze.
Nays: None
VII.
Citizens Forum.
No one spoke at the Citizens Forum.
VIII.
Regular:
Item 1 – Consider adopting Ordinance No. 2010-425 amending Chapter 18,
Article II of the Code of Ordinances of the City of Cedar Hill adopting various
necessary changes to Utility Billing operations.
Mayor Franke read the item and emphasized it sets certain fees for services and
imposes severe penalties on persons who are stealing water from the City of
Cedar Hill by straight-lining
Assistant City Manager Melissa Stephens read the ordinance.
Upon a motion by Council Member Spillman and second by Council Member
Shaw, the motion passed by the following vote:
Ayes: Mayor Franke, Mayor Pro Tem Haydin and City Council Members Mason,
Parvin, Shaw, Spillman and Swayze.
Nays: None
Item 2 – Consider adopting Resolution No. R10-315 authorizing the Cities
Aggregation Power Project, Inc. (CAPP) to negotiate an extension to the current
electric supply and necessary related services agreement.
The Mayor introduced the item.
Upon a motion by Council Member Parvin and second by Council Member
Spillman, the motion passed by the following vote:
Ayes: Mayor Franke, Mayor Pro Tem Haydin and City Council Members Mason,
Parvin, Shaw, Spillman and Swayze.
Nays: None
City Council Minutes
4
December 14, 2010
Item 3 – Consider adoption of Resolution No. R10-316 establishing a Citywide
Identity Theft Prevention Program.
Mayor Franke read the item.
Upon a motion by Council Member Parvin and second by Mayor Pro Tem
Haydin, the item was approved by the following vote:
Ayes: Mayor Franke, Mayor Pro Tem Haydin and City Council Members Mason,
Parvin, Shaw, Spillman and Swayze.
Nays: None
Item 4 – Consider approval for Fiscal Year 2010-2011 Street Overlay List.
Mayor Franke introduced the item.
Mayor Pro Tem Haydin moved to accept the recommendation of Staff and
approve the item.
The motion was seconded by Council Member Mason.
The item passed by the following vote:
Ayes: Mayor Franke, Mayor Pro Tem Haydin and City Council Members Mason,
Parvin, Shaw, Spillman and Swayze.
Nays: None
Item 5 – Consider appointing Mr. Ray Stroh to the Board of Adjustment and
Appeals as an alternate member.
Mayor Franke read the item.
Mayor Pro Tem Haydin moved to approve the item, seconded by Council
Member Spillman.
The item passed by the following vote:
Ayes: Mayor Franke, Mayor Pro Tem Haydin and City Council Members Mason,
Parvin, Shaw, Spillman and Swayze.
Nays: None
Item 6 – Consider authorizing the Mayor to execute a contract with Wells Fargo
Bank for commercial credit card services.
Mayor Franke introduced the item.
City Council Minutes
5
December 14, 2010
Council Member Spillman made a motion to approve the item, seconded by
Council Member Parvin.
The item passed by the following vote:
Ayes: Mayor Franke, Mayor Pro Tem Haydin and City Council Members Mason,
Parvin, Shaw, Spillman and Swayze.
Nays: None
Items 6 and 7 calling for a closed meeting were cancelled.
IX.
Adjourn.
Mayor Pro Tem Haydin moved to adjourn the meeting, seconded by Council
Member Parvin.
The item passed with the following vote:
Ayes: Mayor Franke, Mayor Pro Tem Haydin and City Council Members Mason,
Parvin, Shaw, Spillman and Swayze.
Nays: None
The meeting was adjourned at 7:36 p.m.
Approved__________________________
Rob Franke, Mayor
ATTEST:
_________________________
Lyn Hill, City Secretary
CITY OF CEDAR HILL
REQUEST FOR PLACEMENT ON CITY COUNCIL AGENDA
Date of Request: December 15, 2010
Requested Agenda Date: January 11, 2011
Action Requested: Ordinances
Agenda Item Wording: Consider adoption of a) Ordinance No. 2011-427 amending the 2009-2010
operating funds’ budgets and b) Ordinance No. 2011-428 amending the capital funds’ budgets.
Summary of Item: This item presents the final staff report on financial activities for the City and budget
amendments needed to finalize the year. As usual, it is presented after staff completed the closing of
the City’s financial records in preparation for the audit. The proposed ordinances amend the
operating and capital budgets for the 2009-2010 fiscal year. Attached is a memorandum explaining
the changes to both budgets. Also enclosed is a booklet with detailed financial information for the
fiscal year. These Ordinances have been reviewed and approved as to form by legal counsel.
Recommended Action: Adopt Ordinances
Fund Source (if required) Various Funds
Briefing Item, Consent or Regular Agenda:
Consent
Director/Recommended Department:
Hardy Browder/Finance Department
Contact and Phone Number.
Hardy Browder/972-291-5100 ext. 1063
Notes:
Attachments: Yes
(yes, no)
If yes, how many pages: 7
CITY OF CEDAR HILL
Finance
Interoffice Memo
To:
City Council
From:
Alan E. Sims and Hardy Browder
Date:
December 15, 2010
Re:
Revising 2009-2010 Operating and Capital Budgets
Attached are ordinances to revise the operating and c apital funds’ budgets for your
consideration. A bo oklet i s at tached w ith t he s tandard m onthly f inancial r eports.
Also i ncluded are s chedules w ith r evenues and ex penditures presented w ith t he
same level of detail as the original budgets in order for you to be able to evaluate
each f und’s performance. Most o f t he funds l isted i n t he b ooklet do not r equire
revisions and are presented for informational purposes only. The following operating
funds require an increase in their budgets: 1) the Energy Efficiency and Conservation
Block Grant Fund, 2 ) t he Community Development Block Grant Fund, 3) the High
Pointe Public Improvement District Fund, 4) the Waterford Oaks Public Improvement
District F und, 5) t he L andscape B eautification F und and 5) t he Equipment Fund.
Explanations of the reasons for these increases will be di scussed below along with
brief des criptions o f t he performances of t he City’s more significant f unds. Also
included in t he booklet are s chedules pr esenting t he s tatus o f active c onstruction
projects a nd pr ojects c ompleted d uring t he fiscal year. A b rief d escription of the
General Fund and the funds’ requiring an amended budget is presented below.
General Fund
The G eneral F und B udget for 20 09-2010 totaled $ 29,035,062. E stimated to tal
expenditures t otaled $ 28,814,458 or $ 155,034 below budg et. C ertain de partments
did exceed bu dget which i s n ot uncommon or un usual for a v ariety of r easons.
However, their additional ex penditures were covered by o ther d epartments w hose
expenditures were less than budgeted. A budget amendment is not required for this
fund.
Energy Efficiency and Conservation Block Grant Fund
This fund was established after the Fiscal Year 2009-2010 budget was adopted. The
City r eceived a $ 176,000 g rant i n l ate September, 2 009 ( Fiscal Y ear 20 08-2009)
which w as t oo l ate t o i nclude i n t he bu dget p rocess, t herefore, a b udget w as n ot
adopted. The fund incurred $129,050 in expenditures during Fiscal Year 2009-2010
and requires a budget amendment.
Community Development Block Grant Fund
The C ommunity D evelopment B lock G rant Fund i ncurred $38,202 of costs f or
various grant-eligible projects. These grant-funded projects were not budgeted and a
budget amendment is required.
High Pointe Public Improvement District Fund
This fund’s budget totaled $671,155 and the fund incurred $399,038 in expenditures.
Expenditures exceeded the am ount bu dgeted an d the f und nee ds a $27,915
increase in its budget. The additional expenditures were for capital improvements.
Waterford Oaks Public Improvement District Fund
This fund’s budget totaled $93,500 and the fund incurred expenditures of $150,864.
Expenditures exceeded the am ount bu dgeted an d the f und nee ds a $5 7,395
increase in its budget. The additional expenditures were for capital improvements.
Landscape Beautification Fund
This f und’s bu dget totaled $1, 595,000 and the f und incurred $1, 992,125 i n
expenditures. Expenditures exceeded t he a mount bu dgeted a nd t he f und ne eds a
$397,130 increase in its budget. The additional expenditures were for debris removal
following the storm in February, 2010.
Water and Sewer Fund
This Fund incurred $15,856,751 in expenditures this year. This is $951,719 less than
the $1 6,808,470 budget. R evenues w ere $ 1,194,934 less t han a nticipated. These
reductions w ere du e t o lower t han an ticipated w ater an d s ewer s ales. An
amendment to the budget is not required.
Equipment Fund
The Equipment Fund incurred $498,608 in expenditures. This exceeded the budget
of $ 462,180 by $ 36,428. The P olice D epartment r eplaced p atrol v ehicles n ot
scheduled for replacement that became unusable due to accidents. This fund needs
a budget amendment.
CAPITAL PROJECTS FUNDS
This section presents the projects active during the year as well as the projects with
budgets approved for the 2010-2011 fiscal year in order to provide a more complete
view of construction projects in progress for the City. The discussion below focuses
only on those projects with a proposed increase in their appropriation.
 Page 2
Facility Construction Program Capital Budget
The Fire Station #3 Project cost $497,461. This project requires an additional budget
of $3,575. This increase is partially offset by a reduction in budget of $3,020 for the
Fire Station #1 Project.
 Page 3
ORDINANCE NO. 2011-427
AN ORDINANCE ADOPTING REVISED 2009-2010 OPERATING FUNDS' BUDGET
EXPENDITURES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND
ENDING SEPTEMBER 30, 2010 FOR THE CITY OF CEDAR HILL, TEXAS;
AUTHORIZING EXPENDITURES AS SET OUT IN SUCH BUDGET AND PROVIDING
FOR IMMEDIATE EFFECT.
WHEREAS, the City Council of the City of Cedar Hill, Texas, has
found and determined that it is necessary to revise its 20092010 Budget for the purposes of designating budget amendments
for the fiscal year; and
WHEREAS, the City Council of the City of Cedar Hill, Texas has
determined that it is in the best interests of the citizens of
the City of Cedar Hill that such provisions and budget
amendments be adopted,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Cedar Hill, Texas that:
Section 1.
The
appropriation
amounts
of
the
following
operating funds for the official budget of the
City of Cedar Hill for the fiscal year beginning
October 1, 2009 and ending September 30, 2010 are
hereby revised as follows:
Fund
Energy Efficiency
and Conservation
Block Grant Fund
Community
Development Block
Grant Fund
High Pointe Public
Improvement
District Fund
Waterford Oaks
Public Improvement
District Fund
Equipment Fund
Current Budget
Revised Budget
$0
$129,050
$0
$38,205
$371,155
$399,070
$93,500
$462,180
150,895
$498,615
Ordinance No. 2011-427
Page 2
Section 2.
A true and correct copy of the Revised Official
Budget is hereby directed to be filed in the
office of the City Secretary, and said Revised
Official Budget is made a part of this Ordinance
by reference as though fully copied herein
verbatim.
Section 3.
It being deemed by the City Council that this
Ordinance shall go into immediate effect and
force
after
its
passage,
approval,
and
publication according to law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Cedar Hill, Texas on the 11th day of January, 2011.
_______________________
Rob Franke, Mayor
ATTEST:
___________________________
Lyn Hill, City Secretary
ORDINANCE NO. 2011-428
AN ORDINANCE ADOPTING A REVISED CAPITAL BUDGET FOR SPECIFIED
PROJECTS FOR THE CAPITAL IMPROVEMENT PLANS FOR THE CITY OF CEDAR
HILL, TEXAS; AUTHORIZING EXPENDITURES AS SET OUT IN SUCH BUDGET
AND PROVIDING FOR IMMEDIATE EFFECT.
WHEREAS, the City Council of the City of Cedar Hill, Texas, has
found and determined that it is necessary to revise its 20092010 Budget for the purposes of designating budget amendments
for the capital improvement plans for the City of Cedar Hill,
pursuant to the laws of the State of Texas; and
WHEREAS, the City Council of the City of Cedar Hill, Texas, has
determined that it is in the best interests of the citizens of
the City of Cedar Hill that such provisions and budget
amendments be adopted,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Cedar Hill, Texas that:
Section 1.
The
appropriation
amounts
for
each
of
the
following capital projects of the City of Cedar
Hill are increased or decreased as follows:
Fund/Project
Facility Construction
Program:
Fire Station #3 Renovation
Fire Station #1 Renovation
Section 2.
Current
Budget
Revised
Budget
$493,887
$568,556
$497,462
$565,536
A true and correct copy of the Revised Official
Budget is hereby directed to be filed in the
office of the City Secretary, and said Revised
Official Budget is made a part of this Ordinance
as though fully copied herein verbatim.
Ordinance No. 2011-428
Page 2
Section 3.
It being deemed by the City Council that this
Ordinance shall go into immediate effect and
force after its passage, approval and publication
according to law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Cedar Hill, Texas on the 11th day of January, 2011.
_______________________
Rob Franke, Mayor
ATTEST:
___________________________
Lyn Hill, City Secretary
CITY OF CEDAR HILL
REQUEST FOR PLACEMENT ON CITY COUNCIL AGENDA
Date of Request:
Action Requested:
December 22, 2010
Requested Agenda Date:
January 11, 2011
Other
Agenda Item: Case No. 10-20 – Consider approving, in accordance with the Planning and Zoning
Commission’s motion, the Site Plan of a 31,565 sq. ft. non-residential building on Lot 5, High Meadows
Industrial Park Addition, generally located on the northeast corner of High Meadows Way and
Independence Way, requested by David Reaves on behalf of Craig Johnson of Pep Wear.
Summary of Item: The applicant is proposing to construct a 31,565 sq. ft. building to accommodate
a light assembly/manufacturing facility, located at the northeast corner of High Meadows Way and
Independence Way. The nature of this business is the manufacturing and assembly of trophies and
various other types of school memorabilia. The applicant is currently operating in Midlothian and
will be relocating their operations to this new, larger facility in Cedar Hill.
The subject property is zoned Industrial and this site plan, as shown, generally complies with all city
codes, plans and policies.
The Planning & Zoning Commission considered this request on December 21, 2010. The Commission,
by a vote of 6-0, recommended approval of this request, as presented.
Recommended Action: Concur with the Planning & Zoning Commission’s motion and approve this
site plan, presented.
Fund Source (if required)
N/A
Briefing Item, Consent or Regular Agenda:
Consent Agenda
Director/Recommended Department:
Rod W. Tyler, Director of Planning
Contact and Phone Number:
Rod W. Tyler, 972-291-5100 ext. 1083
Notes:
Attachments:
yes
If yes, how many pages: 13
City of Cedar Hill
Planning and Zoning Commission
December 21, 2010
VI.
DRAFT
Page 4 of 5
Case No. 10-20 – Review and consider the Site Plan of a 31,565 sq. ft. non-residential
building on Lot 5, High Meadows Industrial Park Addition, generally located on the
northeast corner of High Meadows Way and Independence Way. Requested by David
Reaves on behalf of Craig Johnson of Pep Wear.
Gina McClain, Nationwide Construction, 1106 Fawn Meadow Trail, Kennedale, TX. 76060,
stepped forth to present this request to the Commission.
Chairman Brooks pointed out a discrepancy in the square footage shown on the plans versus
the application.
Ms. McClain stated that she was aware of this discrepancy and would revise the plans
accordingly. She stated that what is shown on the site plan includes the loading dock and
the covered areas.
Chairman Brooks also pointed out another discrepancy between the lot dimensions shown on
the proposed plat and the dimensions on the proposed site plan.
Ms. McClain stated that she will verify the dimensions and revise the plans accordingly.
A motion was made by Commissioner Hamilton to approve Case No. 10-20, as presented. The
motion was seconded by Commissioner Thierry. The vote was as follows:
Ayes: 6 – Chairman Brooks, Vice-Chairman Strother and Commissioners Nanry, Saldaña,
Hamilton and Thierry.
Nays:
0
Chairman Brooks declared the motion carried.
VII
Staff Reports & Discussion Items
1. Recent Submittals
This item was covered in the briefing session.
Mr. Tyler reminded the Commission about a recent e-mail he sent to them regarding a
planning seminar on Friday, January 28, 2011, at the Doubletree Campbell Centre in Dallas.
He stated that the training will focus on Transit Oriented Developments, Downtown Planning
and Form Based Codes and that the City will cover the cost of registration for the Commission.
City of Cedar Hill
Case No. 10-20
Site Plan for
32,944 SF Building
Lot 5-R High Meadows Industrial Park
0
50
100
150
Map Printed - Dec. 2010
Cedar Hill Planning Department
Aerial Photography - Spring 2009
200 Feet
TT A
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AR
1-inch = 150-feet
H
H ii gg hh
Proposed Request
TT A
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AR
w ss
H
M ee aa dd oo w
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50
II nn dd ee pp ee nn dd ee nn cc ee
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.
Pep Wear
APPLILATION
FOR
SITE PLAN & BUILlJING
ELEVATION APPRlJVAL
A
I-IIiL
CEDAR
City 01 Cedar Hill - P.O. Box 96 - Cedar Hill, Texas 7.H06 - 972-29l-.'H00 x 1081 - ItlX 972-291-7250
SUBJECT PROPERTY INFOM1ATION:
Property General Location:
Lot, Block and Addition Name:
Current Zoning:
-----U-
S.\M CeJdr
Date:
$eft-
J~
20' 0
Hill-l-0
_
Lot 5 (No BIO(.~L MeaJ.Q.IM< ~tr,',1 PdC}<
Lot Size: 5.3,b Ac Building Square Footage '3:2.... 944 rf.
Number of Parking Spaces:-'b=-6~
NUlnber of Stories:_J
_
PROJECT MANAGER
,Meeh dh
Company Ndt',htv.·Jp Cat'J~~
N HOIld411 «,dA I /Yk. ,flel!, IX 76o(?
Managers Name--=J;,ny
215"l
Telephone 817-471-0484Address
_
I
e,7-471- 0/ ~t7
Fax
E-Mail
]n,t-lt,(Jh(!IJ(J1zQf1kAtllI'~/(l(c.tr,~.VS
SITE DESIGN INFORMATION:
Designer's Name:
Mailing Address:
Telephone:
10"7
ltteebd:t'I
21-sr ~. Holld"1J
B11=:A2..:l- 0464
Fax:
APPLICANT
INFOR~1ATION:
Applicants Name
David ReoveL
Slgllature
'­
Rod" I
6'7- 473 -OJ 52
Compnny:
l..(~lilJ
fOri- kid,.#; II
8L7~rS:3'~1 fax e17- <}Z1. 7171
MailingAddress:32f4
Telephone
Nl1TIonw,;J" G.ln"n"ptrllro
h'lctttS fie kl, IX 7£0£1
Company:
E-mail:
-.L""eeban
@
hoffo);->wi ,~ ConsTnt"n,g;, .()~
Granr £118~'!ee,..'n~J L,
IX 7AllD
,b _ ~~
E-maiL
.ja([email protected],...
OWNERS INFORl\tATION
Owners Name
Mnilmg Address
Telephone
9
Cr~ J()h""a...,
company B
. .e....,pre.----'-.M--'------'-e"-"df.....!:r'--------­
..
/o1'r E<ti'Jttfe OrA<" I'1t ~-Mith /]X 7tOl!
Fax: £;t,r,-4'l() -122£
E-mail CnJi'[email protected]"ear. C()1".
Signnntre~~u..t:1~~~~~--~
_ _- - - - RFr-' '"
S~t~tVED
City t> SEP 1 4 2010
City of Cedar Hill
City of Cedar Hill
P.O. Box 96
Cedar Hill. Texas 75106
97 ~ - ~ 91- 5 100
fax 972-291-7250
INFORMATION CHECK LIST for
SITE PLAN REVIEW
The following checklist is provided to assist the plan preparer in sUbmitting an application for SITE
PLAN APPROVAL. The plan preparer should consult City of Cedar Hill Zoning Code, Subdivision
Regulations, and Public Works Design Manual before submitting an application of Site Plan
Approval.
PRE-PLANNING
};>
};>
Consult with Planning Department with sketch plan before beginning detailed plans.
Successfully completed or concurrently submitted Final Plat.
SUBMITTALS
};>
};>
};>
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Application form - Completed & signed along with this checklist.
Application fee.
Separate Copy of Verification of Taxes
8 - Sets of SITE PLAN & BUILDING ELEVATIONS - 24" x 36" blue or black line prints with the following
information.
GENERAL
•
•
•
•
Scale: 1" = 100' (or larger size) in City approved form graphic scale, as appropriate.
Bold Title near lower right hand corner with Lot, Block & Addition name, and street address;
Vicinity or location map, date, north point, graphic scale; and
Names, address and phone & FAX numbers of the plan preparers, project manager, owner,
applicant.
and
PROPERTY LAYOUT
•
•
•
•
•
•
Bearings & Distances of subject property;
Building lines & easements;
Lot numbers and block letters;
Location, size and purpose of easements;
Horizontal clear triangles at all driveways; and
25 'x 25' sight visibility & pedestrian easements at arterial intersections.
BUILDING LAYOUT
•
•
•
•
•
Building foot print;
Distance from property lines & between buildings;
Minimum Finished Floor Elevations (when adjacent to flood prone areas);
Gross Floor area of each bUilding; and
Harmonious design with adjacent property setback.
BUILDING ELEVATIONS
•
•
Building Elevations with exterior facade indicated & percentage of building elevation; and
Building height and roof slopes indicated.
PARKING LOT LAYOUT
•
•
Parking table indicating the minimum number of parking spaces required vs. provided;
Parking space design showing - lot layout, number and size of parking spaces, handicapped spaces, &
loading zones;
INFORMATION CHECK LIST for
SITE PLAN REVIEW
page 2
•
•
•
Parking lot maneuvering showing - fire lanes, curb stops, and pavement material;
Sidewalks and pedestrian areas, existing & proposed; and
Note lighting and noise controls, if any, in conformance with City of Cedar Hill Code of Ordinance.
ON-SITE & OFF-SITE CIRCULATION
•
•
•
•
Pavement lines, street medians, street intersections, street names, sidewalks, and driveways in the
vicinity;
Proposed driveway locations, widths, curb radii;
Distances between driveways and between driveways and street intersections; and
Parking lot maneuvering and fire/anes, with dimensions.
GRADING
,. -",,~,~raphy(2' contours);
•
Escarpment Zone, if applicable;
•
Generally proposed protection and erosion controls for wind, water, and drainage;
•
Proposed protection and erosion controls for water courses or flood prone areas if applicable; and
•..,J",,,,:,fJ~,,W;~
STREETS and DRAINAGE
•
Show existing & proposed street lines, fire lanes, & ROWs;
•
Limits of 100 year frequency storm water run-off;
•
Boundaries and elevations of flood prone areas as identified on the Flood Insurance Rate Maps (FIRM);
Areas subject to flooding and areas to be reclaimed;
•
• '""'1:~;enef'OIIPacity of drainage system, on & off-site;
• ~'t:bcatlbns"'m-rw~sed detention! retention areas, inlets, lines, outfalls & other drainage structures;
and
.~~ontSafi~rs"eof drainage easements.
UTILITIES
....~,ooUt.;ij.w'~jH'.tj;i.BlIiW easements indicating location, type and size; and
•
':\9R,Q.~"\l\IateJ:.&~~fllains and tap size, type and locations
LANDSCAPING
•
•
•
•
•
•
•
•
Location of existing trees 8" in dia. or greater with type & size indicated;
Location of existing stands of trees or vegetation;
Indication of trees to be retained vs. removed & a description of the tree removal mitigation.
Delineate the "street yard" as defined by City of Cedar Hill Code and indicate it's size in square feet;
Landscape table indicating the minimum amount of land area to be landscaping required vs. provided; (
See typical table attached)
Locate all landscaped area & indicate their square footage;
Type & size of proposed landscaping (large & ornamental trees, shrUbs, ground cover, grass); and
Note stating that underground irrigation system plans will conform to the City of Cedar Hill Ordinances
and will be submitted along with Building Permit applications.
SCREENING
•
•
•
•
•
Trash receptacle areas and recycling areas along with required screening;
Screening as required by ordinance;
Vehicle maneuvering area screening;
Detail of proposed screening walls and fences; and
Proposed minimization of any negative impacts to adjacent properties.
mVJ~ flatv~--(j.~_£"'~CrlitJ,x"c..
Printname~
City of Cedar Hill
Typical Landscaping and Parking Site Plan Forms
Landsca e Table
Total Lot Area
Total Street Yard Area
5".36 Ac.
~
las s.(.
t
Minimum Landscaping Required (20% of Street Yard) . , .
237
Landscaping Provided
227 &'.40 r.-(
Minimum Trees required (3-inch caliper or larger)
Trees Provided
--1--+--7­
Additionall)istrict ~{j'pecific Landscaping Requirements(!)
_
(Stllte buffer, additional trees, trees, anll shrubs per interior parking place~~ etc.)
Parkin Table
Building Finished Floor Area
Parking Required
(l space pel·ltoO sq. ft.. gross floor area)
Parking Provided
Additional Use ~{j'pecific Parking Requirements (*)
(State lise and requirement)
(1) - This reference, to be usell on(v if applicable, should be used ~f
district is also associllted with an overlay district such as the llptown
Overlay D;.strict.
(*) - This reference, ~f applicllble, will be listed in the Use Table of
the zoning ordinllllce (§4.1.3) ululer supplelllental requirements.
{i.e. bllnk tlril'e-up wilulows alltl ATMs, car wa!'l'hes, quick lube
facilities, restllllrant llrive-through, Kilulergartell lIntl child-care
businesses, shllred parking, etc.} Omit this line {f no supplel1lelltal
requirement.",' are applicable to the propo~",'ed land use.
s. f
City of Cedar Hill
P.O. Box 96
Cedar Hill, T exas 75106
972-291-5100
fax 972-291-5107
TO:
Rod Tyler, Director of Planning
FROM:
Don Gore, Planner
SUBJECT:
Case No. 10-20 Site Plan Request for a Light Assembly Warehouse located
on Lot 5 High Meadows Industrial Park
DATE:
December 21, 2010
APPROVAL PROCESS: Planning and Zoning Commission has the authority to provide a
recommendation for the proposed site plan
and landscape plan to City Council for
consideration on January 11, 2011.
ITEM SUMMARY: The applicant is proposing to constr uct a 31,565 square foot building
(Pep Wear) for light assembly for trophy’s and school memorabilia on 4.82 acres generally
located at the northeast corner of High Meadows Way and Independence Way.
STAFF RECOMMENDATION: Staff recommends approval of the proposed site plan with
the following conditions prior to applying for building permit:
1. The applicant revises the site plan to
building.
APPLICATION SUBMITTAL DATE:
October
November
December
provide the correct square footage of the
September 14, 2010 (Original Submittal)
8, 2010 (Incomplete Submittal
4, 2010 (Incomplete Submittal)
3, 2010 (Complete Submittal)
SURROUNDING ZONING AND LAND USES:
Subject Property: “IP” – Industrial Park District (light manufacturing and office uses)
North
“IP” – Industrial Park District
(light manufacturing and office
uses)
Undeveloped
South
“IP” – Industrial Park District
(light manufacturing and office
uses)
Undeveloped
East
“SF-E” – Single Family
Residential- Estate
Brookview Addition and
Residences
(residential)
West
“IP” – Industrial Park District
(light manufacturing and office
uses)
Undeveloped
Discussion: The “IP” – Industrial Park District is intended to provide for development of low
intensity and light manufacturi ng, involved in assembling,
fabrication, warehousing,
wholesaling and some administrative operati ons.. The proposed use is allowed under the
governing zoning district. The proposed site
plan complies with all other requirements
outlined in the “IP” – Industrial Park District.
ACCESS/CIRCULATION:
Adjacent Streets:
High Meadows Way, 60’ Right-of-Way, Class V Local Street
Independence Way, 60’ Right-of-Way, Class V Local Street
Internal Circulation: The proposed site plan shows the subject property will take access off
of High Meadows Way with a 25’ drive approach located at the northwestern portion of the
property and Independence Way with a 25’ drive approach located at the southeastern
portion of the subject property . The subject property will be served by a network of fire
lanes within the interior of the subject property.
PARKING:
Proposed Use:
Light
Required Number of Spaces:
Total Required:
82
Total Provided:
Assembly
1 space per employee on largest shift plus 1 per
1,000 sq. ft.
parking spaces
89 parking spaces
Discussion: The Zoning Ordinance requires 1 par king space for every employee on largest
shift plus 1 per 1,000 square feet. The pr oposed site plan shows 50 employees on the
largest shift, and since the building is approx imately 32,000 sq. ft. the applicant shows 32
additional parking spaces, which meets the requi rement. The proposed site plan complies
with all parking requirements.
LOADING SPACES: Per Section 5.1.4 Off Street Loading Space of the Zoning Ordinance,
all industrial service structures shall provide and maintain off-street facilities for receiving
and loading merchandise, supplies and materials within a building or on the lot or tract if the
total sq. ft. of gross area in the structure
is more than 10,001 Such off-street loading
spaces are required to be a minimum of 10’x45’.
SOLID WASTE CONTAINERS: The proposed site plan shows an enclosed refuse location
for trash receptacle located near the northeast por tion of the subject proper ty in rear of the
O:\CASES\2010\2010-20 SP Pep Wear\Staff Report\Staff Report.doc
proposed building. Currently,
regards to waste containers.
the City of Cedar Hill does not have any regulations in
LANDSCAPING REQUIREMENTS : The Zoning Ordinance r equires one tree per 1000
square feet of street yard up to 10,000 square feet plus one tree per 2,500 square feet over
10,000 square feet. Since the area of the street yard is 29,387 square feet the applicant is
required to plant 18 trees. The proposed landscape plan complies with the Landscape
Requirements outlined in the Zoning Ordinance.
SCREENING REQUIREMENTS: Fencing, Walls and Screeni ng Requirements, Section
5.3 of the Zoning Ordinance requires a screening wa ll of at least 6 ft. but no more than 8 ft.
in height to be erected on
the property line separating
residential districts and nonresidential districts. The proposed site plan shows an existing masonry 6’ tall wall height
along the eastern. The proposed site plan complies with screening requirements.
LIGHTING AND GLARE REGULATIONS: The applicant will be responsible for complying
with Lighting Standards of t he within the Zoning Ordinance. The applicant has provided
ample information showing the typical light fixt ures to be used, with a note stating exterior
light will be dark sky compliant.
ARCHITECTURAL STANDARDS: The proposed exterior building materials shown appear
to be metal with portions of the front and side of the buildings with EIFS being used. The
Zoning Ordinance does not have minimum masonry requirements structures within the “IP”
– Industrial Park District. The applicant complie s with the architectural standards outlined
in the Zoning Ordinance.
TREE PRESERVATION ORDINANCE: The Tree Preservation Ordinance requires the
removal of any protected tree, except trees
in the right-of-way, easements or pad sites
authorized for removal under a tree protection plan should be mitigated. The applicant has
mitigated all the necessary trees on the subject property by planting twice the number of
diameter in inches of the protected trees to be removed.
PUBLIC IMPROVEMENTS:
Sidewalks:
Not Required in Industrial Zoning Districts
Hike and Bike Trails:
Not Required
Discussion: Since the subject property is z oned in for Industrial uses, sidewalks are not
required. And, the Parks Ma ster Plan does not show a propos ed Hike and Bike Trail in the
area, therefore the applicant is not required to provide Hike and Bike Trails.
DRAINAGE: The proposed site plan shows a detent ion pond located at the south east
portion of the subject property . All the necessary informa tion on the grading plans and
drainage plans are present to ens ure the subject property drains properly and according to
City Standards. Grading and drainage plans are r equired to be submitted and approved by
the Public Works Department prior to issuance of building permit.
O:\CASES\2010\2010-20 SP Pep Wear\Staff Report\Staff Report.doc
OPPOSTION TO OR SUPPORT OF REQUEST: Staff has not received any comments in
support of or opposition to this request.
ATTACHMENTS:
•
•
•
•
Letter of Intent
Proposed Site Plan
Proposed Landscape Plan
Proposed Architectural Elevations
O:\CASES\2010\2010-20 SP Pep Wear\Staff Report\Staff Report.doc
CITY OF CEDAR HILL
REQUEST FOR PLACEMENT ON CITY COUNCIL AGENDA
Date of Request: December 28, 2010
Requested Agenda Date: January 11, 2011
Action Requested: Resolution and Agreement
Agenda Item Wording: Consider adoption of Resolution No. R11-317 authorizing the Mayor to
execute an Interlocal Agreement with the City of DeSoto to provide for library collection sharing
between the Zula B. Wylie Public Library and the DeSoto Public Library.
Summary of Item: The City Council approved an Interlocal Agreement with the City of DeSoto in
April 2010, which allowed the libraries of Cedar Hill and DeSoto to share the Polaris Integrated Library
System and merge library databases.
This Interlocal Agreement will expand the partnership to include shared services between the DeSoto
Public Library and the Zula B. Wylie Public Library. The partnership will increase the Zula B. Wylie Public
Library’s collection from approximately to 71,000 to 156,000 with the materials available from the
DeSoto Public Library.
All Cedar Hill residents will be eligible for a DeSoto Public Library card and DeSoto residents will be
eligible for a Zula B. Wylie Public Library card. Materials will be couriered between the two libraries,
allowing customers to check-in or check-out at their home library. In addition to material sharing,
residents will receive computer access in both libraries and additional hours of library and computer
access since the libraries different hours of operation. Due to the shared services and collection
development planning between the libraries, this will allow for a more efficient use of funds.
The attached agreement has been reviewed and approved by legal counsel.
Recommended Action: Approve the Resolution and authorize the Mayor to execute the Interlocal
Agreement.
Fund Source (if required): N/A
Briefing Item, Consent or Regular Agenda:
Regular
Director/Recommended Department:
Kathleen Cervenka / Library
Contact and Phone Number:
Kathleen Cervenka (972) 291-7323 x.1310
Notes:
Attachments: Yes
If yes, how many pages: 4
RESOLUTION NO. R11-317
A RESOLUTION BY THE CITY OF CEDAR HILL APPROVING THE TERMS AND CONDITIONS OF
AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF DESOTO,
TEXAS AND THE CITY OF CEDAR HILL, TEXAS FOR PROVIDING SHARED LIBRARY SERVICES.
WHEREAS,
the Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code, authorizes governmental entities to contract with each other to
perform government functions and services under the terms thereof; and
WHEREAS,
the City of Cedar Hill wishes to provide to its citizens the best possible level
of library services delivered in a timely and efficient manner; and
WHEREAS,
the City of Cedar Hill City Council approved the Interlocal Agreement on
April 27, 2010 providing for shared automated library services between
the City of DeSoto and the City of Cedar Hill; and
WHEREAS,
the Cedar Hill City Council has been presented a proposed Interlocal
Agreement between the City of Cedar Hill, Texas and the City of DeSoto,
Texas, containing the terms and conditions for providing for shared library
collections with a benefit to all library customers; and
WHEREAS,
upon full review and consideration of the Agreement, and all matters
related thereto, the City Council is of the opinion and finds that the terms
and conditions thereof should be approved, and that the City Manager
or designee should be authorized to execute the Agreement on behalf of
the City of Cedar Hill, Texas.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CEDAR HILL,
TEXAS, THAT:
SECTION 1.
The terms and conditions of the Agreement having been reviewed by the
City Council of the City of Cedar Hill and found to be acceptable and in
the best interest of the City of Cedar Hill and its citizens, is approved.
SECTION 2.
The Mayor is hereby authorized to execute the Agreement on behalf of
the City of Cedar Hill, substantially according to the terms and conditions
set forth in the Agreement.
RESOLVED this 11th day of January, 2011.
APPROVED:
ATTEST:
__________________________
Lyn Hill, City Secretary
_______________________
Rob Franke, Mayor
CITY OF CEDAR HILL, TEXAS AND CITY OF DESOTO, TEXAS
INTERLOCAL COOPERATION AGREEMENT
FOR SHARED LIBRARY SERVICES
THIS AGREEMENT made and entered into this 11th day of January, 2011 by and between
the CITY OF DESOTO, TEXAS (hereinafter called “DESOTO”) and the CITY OF CEDAR HILL,
TEXAS (hereinafter called “CEDAR HILL”), both Texas municipal corporations, and
acting herein through duly authorized agents, officers and employees:
WITNESSETH:
WHEREAS, CEDAR HILL and DESOTO strive to provide residents with the highest
level of library services delivered in a timely and efficient manner; and
WHEREAS, an Interlocal Agreement between CEDAR HILL and DESOTO for shared
automated library services was previously approved by the City Councils; and
WHEREAS, CEDAR HILL and DESOTO wish to expand the sharing of library services
to further benefit the residents in both communities; and
WHEREAS, CEDAR HILL and DESOTO have joined together to share library
collection resources for residents of CEDAR HILL and DESOTO; and
NOW, THEREFORE, for and in consideration of the mutual covenants, obligations,
and undertakings set forth herein, the parties hereto agree as follows:
1.
SCOPE OF SERVICES: The purpose of this Agreement is to promote the efficient
use of library resources in public libraries in the communities of CEDAR HILL and
DESOTO. This Agreement provides for a shared library collection between the
libraries.
2.
TERM: The term of this Agreement shall be for the period of one (1) year
beginning on the last date of execution hereof (the “Effective Date”). After one
year, the agreement shall automatically renew for successive one (1) year terms
(“Renewal Period”) and shall continue in full force and effect unless sooner
terminated by either party
3.
TERMINATION: This Agreement may be terminated by either party upon ninety
(90) days written notice to the other party.
4.
INTERLIBRARY LOAN AND RECIPROCAL BORROWING: As part of consideration,
and to further the purpose of this Agreement, CEDAR HILL and DESOTO shall
provide interlibrary loan and reciprocal borrowing services to one another at no
charge either to the parties or their customers. Policies regarding interlibrary loan
and reciprocal borrowing services are established through mutual agreement
by DESOTO and CEDAR HILL.
5.
COURIER SERVICES: CEDAR HILL and DESOTO both will individually maintain a
Courier Service to ensure timely exchange of materials.
6.
CONFIDENTIALITY: CEDAR HILL and DESOTO shall use their best efforts to
maintain the confidentiality of information relating to each other’s patrons
whether or not such data is expressly so designated, subject to the provisions of
State and Federal Law.
7.
DATA INPUT: CEDAR HILL and DESOTO each shall create, edit, and delete their
own patron records. All creations, editing, and deletions of the CEDAR HILL
Patron Data Base with respect to patrons registered by CEDAR HILL shall be the
sole responsibility of CEDAR HILL.
8.
LIABILITY: Subject to any immunities or defenses available to DESOTO and
CEDAR HILL: in the event that any data within the Bibliographic Data Base or the
Patron Data Base for which CEDAR HILL shall have paid an input fee shall be lost,
damaged, or altered, the sole potential liability of DESOTO shall be the
reinstallation of said lost, damaged, or altered data, it being expressly agreed
that DESOTO shall not be liable to CEDAR HILL for damages, whether direct,
incidental or consequential, as a result of any such loss, damage, or alteration.
Likewise, CEDAR HILL shall not be liable to DESOTO for damages, whether direct,
incidental or consequential, as a result of any lost, damaged or altered data
within the Bibliographic or Patron Data Bases. CEDAR HILL’s sole potential liability
shall be the reinstallation of said lost, damaged or altered data. Nothing in this
section or this contract shall be interpreted as a waiver of any defenses or
immunities available to DESOTO or CEDAR HILL.
9.
BINDING AGREEMENT: The terms and conditions of this Agreement shall be
binding upon and inure to the benefit of the parties and their respective heirs,
legal representatives, and permitted successors and assigns.
10.
VENUE: The validity of this Agreement and of its terms or provisions, as well as the
rights and duties of the parties hereto, shall be governed by the laws of the State
of Texas. Further, this Agreement shall be performable in Dallas County, Texas
and the parties agree that exclusive venue shall lie in Dallas County, Texas.
11.
SEVERABILITY: In the event that any portion of this Agreement shall be found to
be contrary to law, it is the intent of the parties hereto that the remaining
portions shall remain valid and in full force and effect to the extent possible.
12.
NONWAIVER: A waiver by either party of a breach of the other party of any
covenant or condition of this Agreement shall not impair the right of the party
not in default to avail itself of any remedy in response to a subsequent breach
thereof.
Leniency, delay or failure of either party to insist upon strict
performance of any agreement, covenant or condition of this Agreement, or to
exercise any right under this Agreement, shall not be construed as a waiver of
relinquishment of any such agreement, covenant, condition or right.
13.
AUTHORITY: The undersigned officers and/or agents of the parties hereto are the
properly authorized officials and have the necessary authority to execute this
Agreement on behalf of the parties hereto, and each party hereby certifies to
the other that any necessary resolutions or minute orders extending said
authority have been duly passed and are now in full force and effect.
ENTIRE AGREEMENT: This Agreement represents the entire agreement between CEDAR
HILL and DESOTO and supersedes all prior negotiations, representations and/or
agreements, either written or oral. This Agreement may be amended only by written
instrument signed by the governing bodies of both CEDAR HILL and DESOTO or those
authorized to sign on behalf of those governing bodies.
CITY OF DESOTO
CITY OF CEDAR HILL
By:
By:
Title:
Mayor
Title:
Mayor
Date:
Date:
APPROVED AS TO FORM FOR
CITY OF DESOTO
APPROVED AS TO FORM FOR
CITY OF CEDAR HILL
By:
By:
Title:
City Attorney
Title:
City Attorney
CITY OF CEDAR HILL
REQUEST FOR PLACEMENT ON CITY COUNCIL AGENDA
Date of Request: December 29, 2010
Requested Agenda Date: January 11, 2011
Action Requested: Adopt resolution.
Agenda Item Wording:
Tourism Advisory Board.
Consider adoption of Resolution No. R11-318 establishing the Cedar Hill
Summary of Item: In February 2010 the Mayor, after discussion with the City Council, appointed an
ad hoc Tourism Committee. The established mission was to:
(1)
(2)
(3)
(4)
Identify the current state of tourism in Cedar Hill (who is coming here and why).
Identify what can be done to enhance/increase tourism in our city and how we can take it to
a higher level.
Develop a network of key organizations and individuals that are directly involved with tourism.
Develop a series of recommendations appropriate for the City Council to consider that
will strengthen and grow the tourism industry in Cedar Hill.
The Tourism Committee members completed their work and presented their findings and
recommendations to the City Council on October 12, 2010. One of the recommendations of the
Committee was to appoint a Tourism Advisory Board to continue efforts to increase tourism. At the
City Council meeting in December 2010, the City Council gave their input and provided direction on
the membership, terms and charge to the Tourism Advisory Board. The attached resolution is
available for the Council’s review and consideration.
Recommended Action: Adopt Resolution No. R11-318 establishing the Cedar Hill Tourism Advisory
Board
Fund Source (if required) N/A
Briefing Item, Consent or Regular Agenda:
Regular Agenda
Director/Recommended Department:
Alan E. Sims, City Manager
Contact and Phone Number:
Alan E. Sims, City Manager, 972.291.5100, Ext. 1012
Notes:
Attachments: Yes
If yes, how many pages: 2
RESOLUTION NO. R11-318
RESOLUTION OF THE CITY COUNCIL OF CEDAR HILL, TEXAS, CREATING A COMMITTEE TO BE
KNOWN AS THE TOURISM ADVISORY BOARD; PROVIDING FOR THE APPOINTMENT OF
MEMBERS TO THE BOARD BY THE CITY COUNCIL; PROVIDING FOR TERMS OF OFFICE; AND
DESCRIBING THE DUTIES AND POWERS OF THE COMMITTEE.
WHEREAS,
according to a report prepared by Dean Runyan Associates for the Office
of the Governor - Texas Economic Development & Tourism, the economic impact of
tourism in Texas generated total direct travel spending of $51.8 billion in 2009; and
WHEREAS,
local and state tax revenues directly generated by travel spending were
$3.6 billion in 2009, not including property tax payments. This represents approximately 8
percent of all local and state tax revenues, not including property taxes; and
WHEREAS,
during 2009, travel spending in Texas directly supported 525,700 jobs, with
earnings of $15.8 billion. About three-fourths of these jobs were in the leisure and
hospitality sector; and
WHEREAS,
the Tourism Advisory Committee appointed by the Mayor determined that
thousands of people are coming to Cedar Hill for a variety of leisure purposes; and
WHEREAS,
the Tourism Advisory Committee also determined that multiple
opportunities are available to enhance and increase our tourism efforts, which will lead
to additional tax revenue; and
WHEREAS,
increasing tourism will help fulfill one of the City Council’s Premier
Statements of having a strong and diverse economy; and
WHEREAS,
the members of the Tourism Advisory Committee, who were selected from
a cross section of the community, have expressed a willingness to continue serving,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CEDAR HILL,
TEXAS, THAT:
SECTION 1. Board Creation
The City Council hereby endorses and supports the creation of a board to be known as
the Tourism Advisory Board.
SECTION 2. Membership
The Tourism Advisory Board shall consist of nine (9) voting members. The number of ex
officio members will be determined by the City Council as deemed appropriate.
Resolution No. R11-318
Page 2
SECTION 3. Terms of Members
Members from the following groups will serve a two-year term:
Chamber/Historical Downtown
CHISD
Country Day
Civic Clubs
Northwood University
Members from the following groups will serve a one-year term:
Hospitality (Hotel/Motel)
Audubon
Cedar Hill State Park
Retail Sector
SECTION 4. Advisory – No Compensation
Members appointed to the Board shall serve in an advisory capacity only and shall
receive no monetary compensation for their services.
SECTION 5. Duties and Powers of the Board
The Tourism Advisory Board is responsible for conducting a comprehensive assessment
of the City’s tourism potential and making recommendations to the City Council of
activities, programs and expenditures that will increase tourism and visitors in Cedar Hill.
SECTION 6. Officers and Organization
The Board shall elect from among its membership a Chair and Vice Chair to officiate
meetings and activities. The Board shall also select a secretary that is not necessarily a
Board member. The Board shall adopt rules and regulations subject to the approval of
the City Council, pertaining to the performance of the duties and the time and
frequency of its meetings.
PASSED, ADOPTED AND APPROVED this 11th day of January 2011, at a regular meeting
of the City Council of the City of Cedar Hill, Texas.
_____________________________________
Rob Franke, Mayor
ATTEST:
________________________________
Lyn Hill, City Secretary
CITY OF CEDAR HILL
REQUEST FOR PLACEMENT ON CITY COUNCIL AGENDA
Date of Request: December 29, 2010
Requested Agenda Date: January 11, 2011
Action Requested: Consider appointment
Agenda Item Wording: Consider appointment of Michael Petty as Alternate Judge of the Cedar Hill
Municipal Court.
Summary of Item: During the tenure of former Municipal Court Judge Craig Hopkins, the City also
engaged the services of two alternate judges, Elke Daniel and Mike Mattocks, in August, 2002. After
the departure of Craig Hopkins, the City Council appointed Elke Daniel as Municipal Court Judge in
April, 2007. Alternate Judge Mike Mattocks resigned his position because he was moving to Fort
Worth.
Also in April 2007, to respond to the need for an alternate judge, the City contracted with Judge
Scott Kurth, Municipal Court Judge for the City of DeSoto. Judge Kurth, in addition to functioning as
the Municipal Court Judge for DeSoto, also serves on the bench for several other cities which limits
his availability to Cedar Hill. The fact that Cedar Hill has not had another alternate judge has
placed constraints on Judge Daniel’s ability to take vacation, etc.
The City advertised for the alternate judge position from February to June, 2010. Staff reviewed the
applicants and chose not to pursue filling the position at that time and did not forward any of the
candidates for City Council consideration. Former Justice of the Peace Mike Petty has applied and
expressed an interest in serving as an alternate judge. Staff recommends the appointment of Mike
Petty as an Alternate Municipal Court Judge for two years.
Recommended Action: Appoint Michael Petty as Alternate Judge for the Cedar Hill Municipal Court.
Fund Source (if required) General Fund
Briefing Item, Consent or Regular Agenda:
Regular Agenda
Director/Recommended Department:
Alan E. Sims, City Manager
Contact and Phone Number:
Alan E. Sims, 972.291.5100, Ext. 1012
Notes:
Attachments:
No
If yes, how many pages:
CITY OF CEDAR HILL
REQUEST FOR PLACEMENT ON CITY COUNCIL AGENDA
Date of Request: December 29, 2010
Requested Agenda Date: January 11, 2011
Action Requested: Other
Agenda Item Wording: Review and consider a request by In-N-Out Burger for an exception
to the City of Cedar Hill Sign Regulations Section 4-244, (2), b. 3 & 4. to allow a sign area on
the building of 263 square feet and a logo height of 6.25 feet on Lot 2R, Block B, Pleasant Run
Farms more commonly known as 905 N Hwy. 67.
Summary of Item: The Building Appeals and Advisory Board heard this request at their
meeting on November 15, 2010. The Board recommended that the City Council allow the
variance on the logo height of 6.25 feet but deny the request for the variance on the sign
area on the building. Attached you will find the sign submittal information, sign regulations
and the Board’s meeting minutes.
Sign Regulations
Bldg Sign Area
200sqft
Letter Height
3.12 feet
Request
Bldg Sign Area 263sqft
Letter Height
6.25 feet
Board recommended:
Sign Area
Deny
Letter Height
Approve
Recommended Action: Consider and act on the proposed sign variance.
Fund Source (if required)
Briefing Item, Consent or Regular Agenda:
Regular Agenda
Director/Recommended Department:
Johnny Kendro,
Code Enforcement Department
Contact and Phone Number.
972-291-5100 x 1091
Notes:
Attachments:
Yes
If yes, how many pages: 9