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CM 2009-06-16 MINUTES OF JUNE 16, 2009 The City Council of the City of Coppell met in Special Called Session on Tuesday, June 16, 2009, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Jayne Peters, Mayor Karen Hunt, Mayor Pro Tern Tim Brancheau, Councilmember Bob Mahalik, Councilmember Brianna Hinojosa - Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Also present were City Manager Clay Phillips, City Secretary Libby Ball and City Attorney Robert Hagel'. 1. Call to order. Mayor Peters called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding Zoning Application # PD-241-SF/C. 2. Discussion regarding Zoning Application # S-1033R2-SF- 12. Mayor Peters convened into Executive Session at 5:41 p.m. as allowed under the above-stated article. Mayor Peters adjourned the Executive Session at 6:53 p.m. and opened the Special Session. SPECIAL SESSION (Open to the Public) 3. Convene Special Session. cm061609 Page lof6 4. Invocation. Councilmember Franklin led those present in the Invocation. 5. Pledge of Allegiance. Mayor Peters led those present in the Pledge of Allegiance. Mayor Peters asked for consideration to suspend the rules regarding length of time for the Public Hearings. Action: Councilmember Franklin moved to extend time for the Public Hearings on the Agenda. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 6. PUBLIC HEARING: Consider approval of Case No. PD-241-SF/C, Red Hawk, zoning change request from 0 (Office) to PD-241-SF/C (Planned Development - 241- Single Family/Commercial) with a Detail Plan to allow 54 single-family lots with a minimum lot size of 5,765 square feet and an average lot size of 8,484 square feet, including the retention of the Bullock Cemetery on approximately 14.9 acres of property and a Concept Plan for two commercial tracts containing approximately 1.5 acres of property, located along the west side of S. Denton Tap Road, north of Bethel School Road. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council. Lynn Kadleck, representing the Applicant, addressed the Council. Public Hearing: Mayor Peters opened the Public Hearing and advised that no one had signed up to speak on this proposal. cm061609 Page 2 of6 Action: Councilmember Faught moved to close the Public Heming and approve Case No. PD-241-SF/C, Red Hawk, zoning change request from 0 (Office) to PD- 241-SF/C (Planned Development - 241- Single Family/Commercial) with a Detail Plan to allow 54 single-family lots with a minimum lot size of 5,765 square feet and an average lot size of 8,484 square feet, including the retention of the Bullock Cemetery on approximately 14.9 acres of property and a Concept Plan for two commercial tracts containing approximately 1.5 acres of property, located along the west side of S. Denton Tap Road, north of Bethel School Road, subject to the following conditions: 1) A minimum 3-foot side shall be permitted for water features (swimming pools, spas and fountains) with a maximum height of 3 feet; and 2) A drainage study acceptable to Engineering will be required. Councilmember Brancheau seconded the motion; the motion carried 6-1 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa- Flores, Faught and Franklin voting in favor of the motion and Councilmember Tunnell voting against the motion. 7. Consider approval of the Red Hawk, Preliminary Plat, a request for approval of a preliminary plat for 54 single-family lots, a cemetery parcel and two commercial lots on 16.42 acres of property, located along the west side of S. Denton Tap Road, north of Bethel School Road. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council. Action: Councilmember Franklin moved to approve the Red Hawk, Preliminary Plat, a request for approval of a preliminary plat for 54 single-family lots, a cemetery parcel and two commercial lots on 16.42 acres of property, located along the west side of S. Denton Tap Road, north of Bethel School Road; subject to the following condition: 1) A drainage study acceptable to Engineering will be required. Mayor Pro Tem Hunt seconded the motion; the motion carried 6-1 with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, cll1061609 Page 3 of6 Faught and Franklin voting in favor of the motion and Councilmember Tunnell voting against the motion. 8. PUBLIC HEARING: Consider approval of Case No. S-1033R2-SF-12, Manara Academy, a zoning change request from S-1033R-SF-12 (Special Use Permit-l033 Revised-Single Family-12) to S-1033R2 SF-12 (Special Use Permit-l033 Revision 2-Single Family-12), to allow a Charter School for Grades K-5, with a enrollment capacity of 326 students, to occupy the Christ Our Savior Lutheran Church building only for the 2009 - 2010 school year on 4.58 acres of property, located at 140 S. Heartz Road. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council and indicated this item would need a % vote to approve the proposal. Sadak Shaik, Applicant, addressed the Council. Scot Johnson with Kimely Horn spoke regarding the traffic study. Amaris Obregon, Principal of Manara Academy, addressed the Council. Public Hearing: Mayor Peters opened the Public Hearing and advised the speakers would alternate between those in favor and those against the proposal. 1) Vince O'Tool, 145 Meadowcreek, spoke against the proposal; 2) Lem Miller, 133 Meadowcreek, spoke against the proposal; 3) Majid, Husain, 138 London Way, spoke against the proposal; 4) Dell Morgan, 153 S. Heartz, spoke against the proposal; 5) Byron Hardin, 153 Simmons, spoke against the proposal; 6) Janet, 100 Main Street, Fort Worth, spoke in favor of the proposal; 7) Anne Gem'gulas, 629 Raven Lane, spoke in favor of the proposal; 8) Jackie Cartel', 9127 Forest Hills Drive, spoke in favor of the proposal; 9) John Sawinski, 4100 Thoreau Cr., Flower Mound, spoke in favor of the proposal; 10) Larry Duncan, 5415 Banting Way, Dallas, spoke in favor of the proposal; 11) Todd Storch, 160 Westbury Court, spoke against the proposal; 12) Janet Green, 30 Winding Hollow, spoke against the proposal; 13) Wes Mays, 114 London Way, spoke against the proposal; cll1061609 Page 4 of6 14) Patricia Powell, 150 London Way, spoke against the proposal; 15) Ken Towe, 518 Meadowview Lane, spoke in favor of the proposal; 16) Mark Abbey, 221 Heatherglen Dlive, spoke in favor of the proposal; 17) Sarah Naur, 3001 Sale Street, Dallas, spoke in favor of the proposal; 18) Michelle Aikhatib, 2905 Trailwood Lane, spoke in favor of the proposal; At this time a short recess was held. 19) Randal Williams, 105 S. Heartz, spoke against the proposal; 20) Satish Oruganti, 154 London Way, spoke against the proposal; 21) Brian Lim, 146 London Way, spoke against the proposal; 22) Mary Sadowski, 434 Willow Springs Dr., spoke against the proposal; 23) Bob Green, 30 Winding Hollow, spoke against the proposal; 24) Colleen Michaelis, 560 Arbor Brook, spoke against the proposal; 25) Mohamed Elmougy, 105 Spyglass Drive, spoke in favor of the proposal; 26) Theresa Watrons, 110 West Way, Lewisville, spoke in favor of the proposal; 27) Tariq Jaffery, 7511 Bradford Peal', Irving, spoke in favor of the proposal; 28) Safwat Ismail, 208 Heather Glen, spoke in favor of the proposal; 29) Heidi Lipsey, 966 Mapleleaf, spoke in favor of the proposal; 30) Veronica Hebert, 142 London Way, spoke against the proposal; 31) Jake Stewart, 119 S. Heartz, spoke against the proposal; 32) Susan Frnka, 721 Dovel' Circle, spoke against the proposal; 33) Brad Masters, 200 Plantation, spoke against the proposal; 34) Nitan Goyal, 9800 Hickory Hollow Lane, Irving, spoke in favor of the proposal; 35) Meg Kimberland, 486 Harris, spoke in favor of the proposal; 36) Valerie Kaulsky, 17200 Westgrove Dr. #315, Addison, spoke in favor of the proposal; 37) Chris Sawinski, 4100 Thoreau Circle, Flower Mound, spoke in favor of the proposal; 38) Richard Bigelow, 401 Hunters Ridge Circle, spoke against the proposal; 39) Padam Kafle, 102 London Way, spoke against the proposal; 40) Gene Liese, 458 Copperstone Trail, spoke against the proposal; 41) Sara Shultz, 210 Walnut Grove, spoke against the proposal; 42) Larry Best, 725 Michele Place, spoke in favor of the proposal; 43) David Brooks, 148 Westbury Court, spoke against the proposal; 44) Sreevalli Pariti, 126 London Way, spoke against the proposal; 45) Kirshna Mulukutla, 126 London Way, spoke against the proposal; 46) Eustace Fernandes, 651 Allen Road, spoke against the proposal; 47) Stephen Smith, 571 Austin Court, spoke against the proposal; and 48) Luiz Mendes, 401 Martel, spoke against the proposal. cll1061609 Page 5 of6 At this time a short recess was held. Action: --, I I .. Councilmember Mahalik moved to close the Public Hearing and approve Case No. S-1033R2-SF-12, Manara Academy, a zoning change request from S- 1033R-SF-12 (Special Use Permit-1033 Revised-Single Family-12) to S- 1033R2 SF-12 (Special Use Permit-1033 Revision 2-Single Family-12), to allow a Charter School for Grades K-5, with a enrollment capacity of 326 students, to occupy the Christ Our Savior Lutheran Church building only for the 2009 - 2010 school year on 4.58 acres of property, located at 140 S. Heartz Road, subject to the following conditions: 1) The bus loop must be constructed prior to the issuance of a final certificate of occupancy; 2) The Final Plat of Christ Our Savior Lutheran Church, filed with Dallas County in 1989, be revised (replatted) to reflect the current configuration of the fire lane; and 3) A revised SUP will be required in the event that the school remains after the 2009-2010 school year. Councilmember. Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa- Flores, Tunnell, Faught and Franklin voting in favor of the motion. l I .; 9. Necessary action resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ~ RWA-tY Ja e ters, Mayor ATTEST: ~ '4kL./ Libby Ball . Secretary j i cm061609 Page 6 of6