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 ])lSTRJc..=r PlseSNA-~(LNl.< II _ .3 1~. VO\~r]\,,~ Dh\re AdlY'6hrn I (.......;..a:~(.:..-..·b=-=o~l& =----- APPLICANT'S ADDRESS CITY, STATE, ZIP TELEPHONE U PTa W1.J :BLV D \S"l1 gls-- ?,Lpf FAX NUMBER EMAll-P ~f1 st7-g--~4ot y-e YIl 'I-n ~ V\ e e. C> l-1 0 hnlt il · <"o')'Y) 1lvL-"flOA V1S~SM4~of--V Kt T Applicant's Signature Applicant's Printed Name PROPERTY OWNER'S NAME SANDLER: CEDfrR Hill TIf L-n:>. PROPERTY OWNERS'S MAILING ADDRESS _f~L~A~N~Q~t~~~~~~~~~~_~~~~O~9~3~ CITY,STATE,ZIP TELEPHONE (972) Co l2 - Zhoo ~ FAX NUMBER _(__9;""",:,7~~)~ ....9-=8__ 5~--=2~3.....;.15=- __ 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 R :'-" :... :;~ _ ~.~ ~--,-.., 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 -l--~---------- 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 I . MI j s~o~.7 Form L-ON ! ·1 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. . 200 0 200 400 Feet Map Printed - Nov. 2010 Cedar Hill Planning Department Aerial Photography - Spring 2007 U U pp S S tt rr aa uu ss 1-inch = 400-feet 354 Apartment Units 12.97-acres 27.3 Units per Acre C ed r Subject Property 200-foot Notification area pp ww nn C C ll UU tt oo aa nn cc yy r W e av e r r er ee nn e n ll aa n ii oo 7 -6 H w ee ll ll H aa ss w S w nn tt oo w N N oo PP U U pp 6 7 6 7 n ee U H il l P io J U E S -6 lm 7 e C ed ar S tr au s S tr au s ar H il l w nn tt oo w LL aa nn gg ss tt oo nn •...-:.4:., ... .-.....30..__ ••• _ ......._ .•.",;. -•.£1,o.1'... .r.......:. ...i ._.. JI ..." .C! ._ ..;:z...~4 .. ; . . =';.. . . . ·l. 1. .... .'.0:"': ......- .... -~._t.:t...· •, • '_-'d . . " . . APPL1C,.TION FOR CHANGE OF ZONING . _dj . 1 CEDAI.AL I ~ c Cil~· of Cedar lIi11- ::!~:; lll,lclWn Blvd. BJd~. 100 - CCdM Hill. TC":l~ 75lU4 -1}i:!.!91·S1UO· fl\x ,>n-2 H-7!511 1 SUB.IEC'''' PI~OI'[':irrY l~}<ORI\(,'TION= Prnpl:rly (jeneral Ll1Cmiol\: UO~€O\. ~1F ..~fJT~~ .. ~~Q .~P .. .f.'\~~" . "t.'Gt.Aa.... . Atttll.:h. labdcd it:> "EXHlBIT l\". is a \:llrrcnt' :>urwy pial {I'l ',,:: x II} delineming Ihe suhjCe-1 pm,'lcrly ,md a mC!¢l\ bounds tksaiptioll (lrll!c bmmd:JI"y \11" Ihe pwpcrly prc:par~1 by;l :a:llc-regisICfi.'d l\ur....cyC)f. Tr:lc1 Number i -r;:~\~ [.\)1. Block. AddiliO\l Name ~.' ."'.~r\~. . ~."'~i "'~'&1'~ NO., ~1t. ""o&". ('urren! Zoning Acreage.> I'ROf>lm.TY O\\':"iEl{ l?-lFORJ\IATlON: I hereby c~fliry Ihat I .1111 lht: (\WIll:;f or rhe :JppliC:;.lIioll1 ~m my hc.:h~tll~. hen.'in described prop,,'ny ;tnd I aUlhnri7~ lhi!' a\ll'li~:~l1\l If1 file rhi: j 'I .! '~I 1 ·1 I :1 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 ( SUBJECT PROPERTY INFOBMAnON: Property Generill Location; Co"~91 Of OP1b~ • ,tot"'&-. e...~ ~O p\c~ 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 ~u.\!> Acreage c::. • .,...~ :6ot\"I.I!~ • I CJ_.~_l_(,:......- "e.6't~,;\ Cmrent Zoriing Proposed Zoning _ _--!....p_O No. \111t.. I "'ClL.~i£ Zoo \ 02, ,'P~ 1._0\--=- }Cl(%'1\ _ Proposed Land Use Designation: It\",-T\ .. f1\,,"'":t PROPERTY.'OWNERlNFORMATION: I hereby certifY that I am the owner of the herein de;$Cribed property lmd I authoriZe this applicant to, tilt; this application o~ my behalf., t..r c,ti/I4.,(. #//1., -taW# 1'4 vAH I rtU.~ MIHA~PIJIJ{,~.r PtintName APPLICANT IN·FORMATION: • • • in 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~ ~(j,.zS+~r 971\0 \AJ"L-~"6 ~gQ sf SignMure -~------:-----::-...::...-_--- .ofJ.\.ppficant Mailing Address: Telephone: Ctne:N(J.l# (,?!>? S\'Z.I.\'!&. ,PrinfName ~~~ '5!t~ Gh1!S ~.- ~~ z.« ~l,) \'T1! 600 Fax: 6\Z,. ~1S. ~caq E-mail: _ Fee Paid: $ _ _ _ _ Proboble·iJote - P&Z. Hearing: )..~\N, Re¢lcdift._...,,-_ _----,. S/8'I DepcMit: $ _ _ -r" 1e 1'\1. _ _ Ctufr or Clred,:'_ _-.,..-..--_--::-_ P1'Obabla Dal. -CC H'tn'tng: _ 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. ·. ~·./r~~1.·~ ~VT'[) R t ,".J' ." .. . OCT 1 8 2010 " l , i LfGAL DESCRIPTION - TRACT ONE ~~sG C~" :o:..fsr~~k~~.on:B;'TR~~T C~~. °lf4~2~o;n~II~.I~:I~. p~~~n~r' ~:~029~~:7 be:: ~r:c~r~tO~o~hd· conveyed to 0, Loul. Sharp oe recorded In Volume 726, Poge 74, a.ed Recorda 001108 County, \ GRAPHIC SCALE i k-.wLW' ~ V~~IG6Gl2:D p~lLi66~ , "AIN ...., i ,.. -....., ...... - > - (25.017 ACRES) ~.{ & -------I t!iJ<> "rst / §q.'}? W'§/fJ.§ k'",Ci:'~,.!,"i " , __ ~£f8"i/ 05 ;:8/ :f<!!i~ I R:=:dO~I~~o~f:.IIil':xoC::d~~-;ol~ ~~\~t 0:.~~~nde~.lnll:~~~~.6~~~'ar~rll:~O~~r~~ct 01 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-------------------- ........ ~ ~ ;; 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 ~'" O~ GHT POLE I I SANITARY SEWER "ANHOLE i'l WAITR VAl Vf 'NO, I ,~,",lodl,"'''_l''' R£~90tl 1DBR 1.....-101 I IY I Dm , - _ 81 CJE ! ~ =::r ~\-:r;:o' ~~ 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 PP ii oo JC PENNEY C o pp e r C ha s e r er ee nn e Proposed Request e dd CC e aa rr i ll HH i 200-foot Notification Area ll VV ii aa gg ee UU 6 7 J E lm e r W 6 7 ea v e r H H oo oo dd H H oo oo dd LL oo ff tt ii nn H H oo oo dd 6 7 J E lm e r U S -6 W 7 e a v er C B ee nn dd C ee dd aa rr B H w ee ll ll H aa ss w BANK ONE ll ll 24 HOUR FITNESS SS -- 66 77 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 f f 17 /vw v/)AA/~ 'F ~ ~ .. r t 1.1 (J '2 • 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-::.....-~ -_ ---:::- AL'-O"-' FOIC Fblt Proposed Use(s): lIS~ H~Uwl4~~Future Land Uses Designation: tJ:ji!¢) Af.Rt.41ANplJ"e ltV Stln'£ 7Di'A ~ /I'J :><Jrn!! 7"1> A 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 lltUi~I L -----....,.,...---'S-i:::..g-na--jtf-uL-re~o~f ~Ao.£p""'plEli~~---~_----..:\-=....:...-4--J~--=~==~L-p-ri....Lnt..,.N-a~m----:...e g Address: Telephone: ~~_~~_~~~_~_ _~_~_ ~~~~~~~_~ ~_~~_~~_ .r. E-mail: ~ Fax: _~~_~_~_ _ 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 _ BY---"~ __·----L"""""~Iol::--~_~_ Cash 0 Check 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-. G Print Name &Tttle e.LA. 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 (1--~ .,. ..---. '"'\ R Ii ..1 ';'-4; ~ ~,/ },-1', L; 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.·-~ REe"""'I .f.J 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 R AR 1-inch = 150-feet H H ii gg hh Proposed Request TT A R AR w ss H M ee aa dd oo w H ii gg hh M 50 II nn dd ee pp ee nn dd ee nn cc ee H w ss M ee aa dd oo w H ii gg hh M . 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 };> };> };> };> 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