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CCPH AGNREQ 061609 THE.CITY.OF DEPT: PLANNING June 1 6, 2009 AGENDA REQUEST FORM corrELL DATE: ITEM#: 8 D WORK SESSION D CONSENT [{] REGULAR ITEM TYPE: PUBLIC HEARING ITEM CAPTION: Consider approval of Case No. S-l 033R2-SF-12, Manara Academy, a zoning change request from S-l 033R-SF-12 (Special Use Permit-1 033 Revised-Single Family-12) to S-l 033R2 SF-12 (Special Use Permit-1 033 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. GOAL(S): EXECUTIVE SUMMARY: See attached email from Sadak Shaik dated May 26,2009, appealing the Planning Commission's decision to Council. A 3/4 VOTE OF COUNCIL (6 OUT OF 7) IS NECESSARY TO OVERTURN THE PLANNING COMMISSION'S DENIAL OF THIS ZONING CHANGE. 1) The bus loop must be constructed prior to the issuance of a final certificate of occupancy; 2) The Final Plat of Christ of 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 FINANCIAL COMMENTS: On May 21,2009, the Planning Commission denied approval of this zoning change (3-3). Commissioners Haas, Sangerhausen, and Kittrell voted in favor, Commissioners Jett, Shute and Frnka opposed. ACTION TAKEN BY COUNCIL: APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to close Public Hearing & Approve subject to conditions highlighted above RECOMMENDED ACTION: On April 16, 2009, the Planning Commission held under advisement this zoning change (7-0) to the May 21,2009 meeting. M - Mahalik S - Brancheau Staff recommends APPROVAL. Vote - 7-0 . Libby Ball ~ 2009.06.26 10:04:24 -05'00' I@03 S-l 033R2-SF-12, MA 1-AR -,--.--- i