Case No Conditional Use Permit. Tree of Life

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1 Case No Conditional Use Permit Tree of Life Case Conduct a public hearing, review and consider an application for a Conditional Use Permit (CUP) for a Child Care-Registered Family Home on property zoned Planned Development District No , legally described as Lot 26, Block 4 of the Sweetbriar at High Pointe Phase III Replat Addition, located north of Copeland Drive and on the west side of Boyd Street with the approximate address being 1345 Boyd Street; requested by Camilli Foster [Tree of Life]. Table of Contents 1. Aerial Map 2. Staff Report a. Daycare Drop-off and Pickup Schedule 3. Future Land Use Map 4. Land Use Intensity Map 5. Application 6. Ltr of Intent and Pick Up and Drop Off 7. License 8. Site Plan and Building Layout 9. Newspaper Notice 10. Property Owner Notification 11. List of Notified Property Owners 12. Ltr. from Concerned Citizen

2 City of Cedar Hill 100 Feet Kimmel Beard Aerial Photography - Spring Foot Notification Limits Boyd Subject Site Middleton 1 inch = 100 feet 0 E Miller. Case Conditional Use Permit Child Care-Registered Family Home (6-12 Children) Tree of Life Daycare Map Printed - July Boyd Street Cedar Hill Planning Department

3 PLANNING DEPARTMENT 285 Uptown Blvd., Cedar Hill, TX O X1080 F TO: FROM: Planning and Zoning Commission Dana Woods, Planner P&Z DATE: August 1, 2017 RE: Case No Tree of Life daycare REQUEST: Conduct a public hearing, review and consider an application for a Conditional Use Permit (CUP) for a Child Care-Registered Family Home on property zoned Planned Development District No , legally described as Lot 26, Block 4 of the Sweetbriar at High Pointe Phase III Replat Addition, located north of Copeland Drive and on the west side of Boyd Street with the approximate address being 1345 Boyd Street; requested by Camilli Foster [Tree of Life Daycare]. Code compliance has received complaints of trash being left on neighbor s property during drop-off and pick-up as well as not being able to park in front or nearby their homes. Investigation revealed that 12 children were being cared for at the home. A CUP is required for all registered family homes on lot sizes less than 22,000 square feet. The applicant requests a Conditional Use Permit (CUP) to operate a home day care to not exceed 12 children [registered family home] in a single-family residence. The applicant has promoted through 3 levels of home childcare licensure with the state. The first level, listed home was obtained on December 14, 2009 and followed by register home on June 10, The applicant received the current Licensed Child-Care Home status on January 5, The applicant has provided a letter of intent (attached) with drop-off and pick-up schedule that has been illustrated (attached). The applicant has requested personal parking on Boyd Street and will be removing trash at varied time intervals throughout the day. The CUP boundaries are limited to the property boundaries shown on the site plan. ACTION REQUIRED: Per Section 2.1.3, an affirmative vote of four members of the Planning and Zoning Commission is required to recommend approval of this request to City Council. The Commission s decision shall be based upon a determination that the conditional use is appropriate at the proposed location upon assessment of the CUP Factors for Consideration. MAYOR, ROB FRANKE MAYOR PRO TEM, STEPHEN MASON DANIEL C. HAYDIN, JR. CHRIS PARVIN JAMI MCCAIN CLIFFORD R. SHAW WALLACE SWAYZE CITY MANAGER, GREG PORTER CedarHillTX.COM

4 STAFF RECOMMENDATION: Staff recommends approval subject to the following conditions: 1) The residents of 1345 Boyd shall park in the designated parking area for the single-family home located to the rear. 2) The drop-off and pick-up schedule shall prohibit more than two children to be droped-off or picked-up at one time with a minimum interval of 15 minutes between transition times. 3) Drop-off and pick-up shall be in a southbound manner in order to provide the children access to the home without crossing vehicular traffic lanes. 4) Trash shall be picked up after each child transition. 5) The CUP shall expire after one year from the date of approval. CUP FACTORS FOR CONSIDERATION: Per Section , the following factors shall be considered when rendering a decision on the evaluation of the compatibility with surrounding properties. Factor Consistency with the Comprehensive Plan 2008 Compliance with the applicable zoning district regulations and supplemental standards for the use Compatibility with and preservation of the character and integrity of adjoining property Proposed use is not materially detrimental to the public health, Staff s Findings The site is designated as low density residential on the Future Land Use Map (attached), which is intended for singlefamily homes of varying lot sizes. Additionally, the area has a Level 3 intensity on the Land Use Intensity Map (attached). This intensity includes single-family residential uses of varying lot sizes (7,000-15,000 square feet). This CUP is permitted in the single family SF-7 District which requires minimum lot size of 7,000 square feet. The Lot size for this application is 7,200 square feet. The site plan complies with the regulations for the SF-7. This district permits a Child Care-Registered Family Home (6-12 children) with a Conditional Use Permit (CUP). Additionally, section specifies drop-off/pick-up access to the facility without crossing vehicular traffic lanes. The operation of a child care facility on this site is not expected to have a negative impact upon surrounding property as long as it operates subject to the conditions of the CUP. As long as the site operates in compliance with the CUP conditions, there will be no

5 safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity detrimental impacts upon surrounding property or the general public. Adjoining Property Zoning Existing Land Use Subject Site Planned Development Single Family Residential North Planned Development Single Family Residential East Planned Development Single Family Residential South Planned Development Single Family Residential West Planned Development Single Family Residential SITE PLAN STANDARDS FOR REVIEW: Because this is a residential property and there are no changes to the site, attached land survey showing improvements for the property can serve as the site plan. ATTACHMENTS TO COVER SHEET: Aerial Map Staff Report Applicant Pick-up and Drop-off schedule Pick-up and Drop-off Illustration Pick-up and Drop-off Route Future Land Use Map Land Use Intensity Map Application Letter of Intent License Site Plan and Building Layout Newspaper Notice Property Owner Notification List of Notified Property Owners Letter of Opposition

6 AM Arrival Times for Children PM Departure Time for Children Child 1 Child 12 Child 2 Child 2 Child 3 Child 3 Child 4 Child 4 Child 5 Child 10 Child 9 Child 1 Child 10 Child 9 Child 7 Child 7 Child 11 Child 6 Child 6 Child 11 Child 12 Child 5

7 Drop-off and Pick-up Route Tree of Life Daycare 1345 Boyd Street

8 Site Location A Comprehensive Plan shall not constitute zoning regulations or establish zoning district boundaries. Future Land Use Map Ellowi Camp Fire Ramsey ar Cl 7 d kr H w y. 6 w St e F.M art Bra nc h Future Land Use Low Density Residential Medium Density Residential RR Northwood University.F. Cedar Hill State High Density Residential J El m er Joe Wilson Rd W ea ve rf rw y. B. N. S Pleasant Run Rd Crawford Waterford Oaks s & Open Space Cedar Hill State Public / Semi-Public Open Space (Private) Overlook Utilization Area Waterford Oaks Elementary School Calf Pasture F.M Broadcast Towers & Utilities Old Town Mixed Use 38.1 Ninth Grade Center B Bee ch ran Duncanville Rd ch U.S. ran ra n nb B en tle hn P Be n Jo Joe Pool Lake ch Bradford 2 Retail Belt Line Rd. Belt Line Int. School d. dr Bag g v ie Br a n w ch Industrial TOD Transit Oriented Development Cedar Hill ek y. P kw Bear Creek Class IV - Minor Collector Loop9 - Alternate 1 Broadcast Towers Creeks City Limits 100 Year Floodplain 67 Plate 4-2 d Re k Oa ee Cr k e k Cre e Ridg iri Bl e re k Oa e Lak a Pr w Plum e Class II - Major Arterial Class III - Major Collector Plummer Elementary Dot Thomas Texa s Freeway/Expressway Class II Minor Arterial Mt. Lebanon Lorch Thoroughfares C Wilson Int. School Little Creek d Re Mount Lebanon Baptist Encampment Kingswood erville Rd. nn Ly Cedar Hill Recreation Center Kingswood e Vi k j Transit Station East Side Permenter Middle School Valley View. vd Mixed Use Primarily Non-Residential Virginia Weaver erville Valley Ridge Office Campus Cockrell Hill Rd e Lak Cedar Hill High School ett Office Windsor Clark Rd. l fie ns Ma Highlands Highlands Elementary School l Ho 0 1,000 2,000 µ 4,000 6,000 lin gs an Br ch Urban Planning Consultants Dallas, Texas Date: June ,000 Feet

9 Land Use Joe Pool Lake 2 Intensity Map Intensity Levels Level 1 Level 2 Level 3 Level 4 Level 5 Level This map does not determine land use and must be used inconjunction with Plate Plate µ 0 1,000 2,000 4,000 6,000 8,000 Feet Urban Planning Consultants Dallas, Texas Date: July 2008

Planning Department 285 Uptown Blvd., Cedar Hill, TX 75104 O. 972.291.

7250 July 14, 2017 NOTICE OF PUBLIC HEARINGS Dear Property Owner: The City of Cedar Hill has received the application (on file in the Planning Department) noted below for which public hearings will

21 Planning Department 285 Uptown Blvd., Cedar Hill, TX O X 1081 F July 14, 2017 NOTICE OF PUBLIC HEARINGS Dear Property Owner: The City of Cedar Hill has received the application (on file in the Planning Department) noted below for which public hearings will be conducted on the dates, times and locations stated in this notice. Case No An application for a Conditional Use Permit (CUP) for a Child Care- Registered Family Home on property zoned Planned Development District No , legally described as Lot 26, Block 4 of the Sweetbriar at High Pointe Phase III Replat Addition, located north of Copeland Drive and on the west side of Boyd Street with the approximate address being 1345 Boyd Street; requested by Camilli Foster [Tree of Life Daycare]. The applicant requests a CUP in order to continue to operate a child care facility [registered family home] in a single-family residence for up to 12 children. PLANNING AND ZONING COMMISSION (P&Z) CITY COUNCIL (If P&Z recommends approval) DATE: Tuesday, August 1, 2017 Tuesday, August 29, 2017 TIME: 6:00 P.M. 7:00 P.M. LOCATION: Turk Cannady / Cedar Hill Rm 285 Uptown Blvd., Building 100 Cedar Hill, Texas Turk Cannady / Cedar Hill Rm 285 Uptown Blvd., Building 100 Cedar Hill, Texas You are receiving this notice because you are a property owner within 200 feet of the boundary of the proposed request. As with all such requests, the Planning and Zoning Commission and City Council are seeking public comment regarding this matter. All interested persons are invited to attend and make comments. If you are unable to attend the public hearings, written comments may also be submitted. If you would like to register opposition to this request, a written protest signed by the property owner should be received by the Planning Department prior to the close of the City Council Public Hearing. Property owners whose names do not appear on the County Appraisal District s records will require a notarized statement affirming ownership. For more information regarding this request, please contact the Planning Department at , ext or via at dana.woods@cedarhilltx.com. MAYOR, ROB FRANKE MAYOR PRO TEM, STEPHEN MASON DANIEL C. HAYDIN. JR. JAMI MCCAIN CHRIS PARVIN CLIFFORD R. SHAW WALLACE SWAYZE CITY MANAGER, GREG PORTER CedarHillTX.COM

22 Michael Ciprian, Jr E. Miller Dr. Cedar Hill, TX, Mobolaji Opeola 1361 Boyd St. #F Cedar Hill, TX Philip Deal 408 Robin Rd. Cedar Hill, TX Ajejandro Rodela 1356 Boyd St. Cedar Hill, TX Bruce Kelley 1357 F. Boyd St. Cedar Hill, TX Muriel Ossai 1356 E. Miller Dr. Cedar Hill, TX Juan Lopez 1352 E. Miller Dr. Cedar Hill, TX Ronald Fabela 1353 F. Boyd St. #F Cedar Hill, TX Benito Sosa 1352 F. Boyd St. Cedar Hill, TX Calvin Mees 1353 Middleton Dr. Cedar Hill, TX Stafford Bennett 1349 Middleton Dr. Cedar Hill, TX Shelby Linson 1345 Middleton Dr. Cedar Hill, TX Leah Hester 1344 F Boyd St. Cedar Hill, TX Mary Seawright 1345 F Boyd St. Cedar Hill, TX Tameka Sadler 1344 E. Miller Dr. Cedar Hill, TX Justinano Reyes 1340 E. Miller Dr. Cedar Hill, TX Larry Williams 1341 Boyd St. Cedar Hill, TX Wendy Hodges 1340 F Boyd St. Cedar Hill, TX Ronald Studer 141 Wolf Run Rd. Bartonville, TX Anaki Brown 1334 F Boyd St. Cedar Hill, TX CCAA Investment 1 LP 411 B Cedar St. Cedar Hill, TX Edward Clark 1332 E. Miller Dr. Cedar Hill, TX Zachary Jefferey 1328 E. Miller Dr. Cedar Hill, TX Gurjit Malli 1329 F Boyd St. Cedar Hill, TX Alma Pruitt 1336 E. Miller Dr. Cedar Hill, TX Barbara Newman 1337 F Boyd St. Cedar Hill, TX Daniel Bullard 1348 F Boyd St. Cedar Hill, TX Johnny Hunter 1337 Middleton Dr. Cedar Hill, TX Thanh Chau 1341 Middleton Dr. Cedar Hill, TX Michael Rork 1349 F Boyd St. Cedar Hill, TX

23 Ronald Nelson 1348 E. Miller Dr. Cedar Hill, TX Billy Pruitt 415 Kimmel Dr. Cedar Hill, TX Terrence George 2311 Dugald Pl. Dallas, TX

25 LEGAL NOTICE - PAGE 1 PUBLISH Sunday, July 16, 2017 CITY OF CEDAR HILL NOTICE OF PUBLIC HEARING NOTICE is hereby given to all interested persons that the Planning and Zoning Commission of the City of Cedar Hill, Texas will conduct a public hearing on Tuesday, August 1, 2017 at 6:00 p.m. in the T.W. Turk Cannady Cedar Hill Room, 285 Uptown Blvd., Building 100, Cedar Hill, Texas, for the purpose of obtaining public comment regarding the following application: Case No CONDUCT A PUBLIC HEARING and consider a request for a Conditional Use Permit (CUP) for a Child Care-Registered Family Home on property zoned Planned Development District No , legally described as Lot 26, Block 4 of the Sweetbriar at High Pointe Phase III Replat Addition, located north of Copeland Drive and on the west side of Boyd Street with the approximate address being 1345 Boyd Street; requested by Camilli Foster [Tree of Life Childcare]. If the Planning and Zoning Commission recommends approval, the City Council will consider this request during its regular meeting on Tuesday, August 29, 2017, at 7:00 p.m. in the T.W. Turk Cannady Cedar Hill Room, 285 Uptown Blvd., Building 100, Cedar Hill, Texas. 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, , ext

M E M O R A N D U M. Tom Elgin, Community Development Manager

M E M O R A N D U M. Tom Elgin, Community Development Manager M E M O R A N D U M Meeting Date: December 7, 2010 Item No. H-11 To: From: Subject: Dan O Leary, City Manager Tom Elgin, Community Development Manager Consider a resolution approving a variance to the