Memo frm John Elias
(8/14/2009) Marcie Diamond - manara project
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From:
To:
Date:
Su bject:
John Elias
Marcie Diamond
8/14/2009 7:07 AM
manara project
Marcie,
Heres the tree mitigation calculations for the project:
Total Inches Removed: 9.0"(DBH)
Trees Preserved on Site: 164.5"(DBH)
Total Trees on Site: 173.5"(DBH)
Preservation Percentage: 95%
Landscape Credit: 0%
what's all this mean?
9.0 x 95%= 8.5
Their Preservation Credit is 8.5
Net Retribution: 9.0 - 8.5=.5
.5 x $100=$50
They owe $50 for removing the 9" Bald Cypress Tree.
I have spoken with the Contractor, I have the Permit filled out. All I need him to do is come by my office and pay the $50
fee. That hasn't happened yet, but it's more my fault than theirs. I've been out of the office with other projects most of
the week.
John
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Marcie Diamond - Manara Academy
From:
To:
Date:
Subject:
CC:
"Janet Bubert" <jbubert@belaw.com>
<mdiamond@ci.coppell. tx. us>
7/8/2009 4: 18 PM
Manara Academy
<cphillips@ci.coppell.tx.us>
Ms. Diamond,
As you know, this firm represents Manara Academy. On Monday, July 6,2009, you notified
Manara Academy that it is the opinion of the City Attorney that a 3/4 vote of the Council will be
required to adopt the City Ordinance related to the approval of the special use permit resulting
in a zoning change for the property located at 140 S. Heartz Rd, which was approved by the
Coppell City Council at the June 16, 2009 City Council meeting. You further told me that
Council Member Franklin will not be present at the July 14 City Council meeting.
After reviewing the City's zoning ordinances, we believe that, since the City Council has
already approved the Special Use Permit by a unanimous vote, the granting of a special use
permit itself is considered an amendment to the zoning ordinance. See City of Coppell, Zoning
Ordinance, Section 12-30-2 (2). Therefore, it appears clear that adoption of the ordinance at a
subsequent meeting is a purely ministerial duty of the City and that a 3/4 vote is not required to
adopt the ordinance. However, if the City is requiring a 3/4 vote on the ordinance, in
addition to the 3/4 vote on the Special Use Permit, then Manara Academy respectfully
requests that the City postpone action on the ordinance adoption until the July 28 City Council
meeting, at which time a full Council is currently expected to be present.
Thank you for your consideration in this matter.
Janet Sobey Bubert
Direct: (817) 339-2482
Metro: (817) 429-9181
Facsimile: (817) 870-2265
E-mail: jbubert@belaw.com
BRACKETT & ELLIS
A Professional Corporation
100 Main Street
Fort Worth, TX 76102-3090
Web Site: http://www.belaW~CQrn
IRS Circ&lar 230 Disclosure (U.S. Federal Tax Advice): To
ensure compliance with the requirements imposed by the IRS, we
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TH E.CITY'OF
COPPELL
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DATE:
TO:
July 6, 2009
Clay Phillips, City Manager
Mario Canizares, Deputy City Manager
cc:
Bob Hager, City Attorney
Ken Griffin, Director of Engineering, Public Works
Gary Sieb, Director of Planning
FROM:
RE:
Marcie Diamond, Assistant Director of Planning
Case No.: S-1033R2-SF-12, Manara Academy'
Bob Hager suggested that additional Special Use Permit Conditions be drafted
to potentially be considered as part of the Ordinance, in response to the
Mayor's comments of July 1 st and our review of the public testimony
by Manara at the June 16th public hearing. We reviewed Manara's initial
presentation, testimony after the public hearing, Council's discussion during
the question and answer period, and Council's comments prior to the motion to
approve. The following are the issues/comments and staff's responses.
MAYOR'S COMMENTS:
"One of the conditions of the Traffic Management Plan that I heard Manara
commit to is that the internal circulation plan would be sufficient as to not
require ANY queuing of cars or buses on Heartz Road. This condition is really
important to the residents".
· The purpose and intent of the TMP (Traffic Management Plan) was to
design the internal circulation to accommodate the cars on-site and not
require queuing on Heartz Road. The actual prohibition of off-site
queuing would be difficult to legally enforce, as it is a publicly dedicated
street. On street queuing exists at all of our public schools during peak
times. However, there appears to be more. on-site queuing on the
subject property than other schools. This portion of the TMP, Exhibit 10,
2009-2010 Traffic Management Plan will be attached to, and made a
part of the Ordinance. Therefore, this issue has been addressed, at
least on paper. In the event that it does not function as planned, then
the burden will be on the school to address this problem (further
staggering of drop off times, parent compliance, staff functioning, etc.).
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"Parents using London Way/Westbury/Simmons for student drop-off/pick-up"
· This issue can be addressed with the installation of appropriate signage.
Ken Griffin explained that the prohibition of no standing, stopping, etc,
can be time sensitive (limited to drop-off and pick-up times). However,
the installation of this traffic control measure is normally initiated by the
residents.
"Additional traffic on London Way/Westbury (no-through traffic)"
· No-through traffic is neither logical or enforceable.
"Noise mitigation"
· See the discussion below on "no-play areas."
"Fence on London Way (it stops abruptly when it reaches the property to the
north)"
· The continuation of this fence has never been a requirement of previous
site plan and SUP approvals. If offered by the applicant it could be
accommodated.
"Code concerns: condition of the chain link fence, weeds, property
maintenance, etc."
· The city's code enforcement officers will monitor this property as they do
other properties in the city.
"Parking concerns for evening meetings (meet the teacher, etc)"
· Again, this issue arises at all our public schools and institutional uses.
The burden will be on the school officials to provide alternative parking
areas for these special events.
PUBLIC TESTIMONY JUNE 16TH
Concern about the impact of the buses on site.
· Manara responded that the arrival and departure of buses would be
staggered. The staggering of buses is part of the Traffic Management
Plan. This will be a SUP condition and the exhibit will be attached to
and made part of the ordinance. The construction of the bus loop must
be complete prior to the issuance of a Final Certificate of Occupancy.
However the number of buses is still unclear, but that is an operational
issue.
On-loading of children under the Porte-cache, safety and timing.
· It was explained that five cars at a time will pull under the porte-cache
turn off their engines. Once all of the students are unloaded then the
five cars would be allowed to leave. The "five car at a time" is included
in Exhibit 10 (see above), however the actual turning off of the engines
is an operational issue, and city monitoring and enforcement may not
be achievable.
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Staggered pick up times
· Two parent pick up times (3:20 and 3:40) and the bus pick up time
(3:50) is also addressed in Exhibit 10 of the Traffic Management Plan.
Neighbor's concern about noise.
· Amaris Obregon, the principal, stated that there will be a 10 to 15 foot
"no play buffer area" from the abutting residents. She stated that this
concept has worked well and was enforced in another school that she
worked. This type of condition is not at any other schools/ day care
centers in Coppell.
Evening activities at the school
· There will be four major events during the year and they will split by
grade K-2nd and 3rd-5th. We do not regulate evening activities at
schools or churches in Coppell. This is also an operational issue where
city monitoring and enforcement may not be appropriate (see above
under Mayor's Comments)
Use of the Coppell Public Library
· Ms. Obregon, responded that their "hands on" learning concept does
not necessitate library usage.
Communication with neighbors/citizens
· morning coffee, evening meetings, etc. were offered by the applicant as
options to meet with neighbors.
School Zone
· Ken Griffin responded that a School Zone will most likely be
established.
In sum, the major health/safety issues as related to traffic appeared to be
addressed in the TIA/TMP and will be incorporated as SUP conditions as
appropriate. There is not a precedent for placing additional conditions at the
time of Ordinance adoption. If the applicant offers such, preferably in writing,
they may be able to be considered, however, I would look to our city attorney
for guidance on this matter.
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Marcie [)i~mond - Re: Marlar? 'bus"io.()p
Pa e 1!
From:
To:
Date:
Subject:
Tim Oates
Marcie Diamond
6/15/2009 3:00 PM
Re: Manara bus loop
The Cappel! Fire Department has reviewed the 'revised bus loop' plan for 140 5 Heartz Rd. submitted on 6/8/09. Although
the Cul-de-sac paving itself does not meet our design standards, the hammerhead fire lane within this area does meet our
design standards. As long as the buses have adequate space to be able to vacate the hammerhead fire lane in the event of
an emergency, which appears to be the case (depending on actual bus length), the Coppell Fire Department has no issues
with the design of the bus loop as submitted.
Tim Oates
Coppel! Fire Department
Deputy Chief - Prevention & Building Div.
500 Southwestern Blvd.
Coppell, Texas 75019
Office # 972/304-7055
Fax # 972/304-3514
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Re: Manara request for appeal to the City Council
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Marcie Diamond - Re: Manara request for appeal to the City Council
From:
To:
Date:
Subject:
Larry Best <larry. best@verizon.net>
Marcie Diamond <mdiamond@ci.coppel1.tx.us>
5/27/2009 4:33 PM
Re: Manara request for appeal to the City Council
Sorry for the delay in responding, Marcie. I am out of town and only responding to messages once a day.
Christ Our Savior Lutheran Church desires to appeal the zoning application request that the P&Z Commission
denied on May 21, 2009. Please let me know as soon as a public hearing with the City Council has been set.
Thank you.
Larry Best, Congregation President
Christ Our Savior Lutheran Church, Coppel!, Texas
On 5/26/09 6:49 PM, "Marcie Diamond" <mdiamond@cLcoppell.tx.us> wrote:
Larry,
Because you are the property owner, and officially the applicant, would you
please confirm your desire to appeal this request to City Council?
Thanks
Marcie
Hi Marcie,
I would like to request to appeal the P & Z commission decision to the City
Council for our amendment to the current SUP (Church, School & Day Care) to
SUP (School & Church).
Thanks,
Sadak
Hi Marcie,
I would like to request to appeal the P & Z commission decision to the City Council for our
amendment to the current SUP (Church, School & Day Care) to SUP (School & Church).
Thanks,
Sadak
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Re: Amended SUP: Christ Our Savior Lutheran Church
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Marcie Diamond - Re: Amended SUP: Christ Our Savior Lutheran Church
From:
To:
Date:
Subject:
Larry Best <larry.best@verizon.net>
Marcie Diamond <mdiamond@ci.coppell.tx.us>
4/27/2009 5:07 PM
Re: Amended SUP: Christ Our Savior Lutheran Church
Marcie, per our conversation today, the total student enrollment for the first year of operation is 326, not 350.
Sorry for the confusion.
Larry Best
On 4/20/09 7:49 PM, "Larry Best" <larrV.best@verizon.net> wrote:
Marcie, as I mentioned today, we informed Manara Academy Inc. that we are accepting offers
from two other prospective buyers for the property at 140 S. Heartz Rd. This change is a result of
receiving offers from two other parties that are willing to close the transaction in July 2009. Our
decision was made over the weekend, after the planning commission meeting Thursday night.
Our board of directors decided on Saturday morning to move forward with a lease agreement,
which allows Manara to open their school by renting the facilities from July 1, 2009 - June 30,
2010; however, we will not extend an option to purchase the property to Manara at this time. If
Manara is not able to buy the property, they will have a year to find a new location and move their
school before the 2010 - 2011 school year. Our lease agreement with Manara will be assignable to
the new owner, if we come to a sale agreement.
Therefore; I would like to amend the Special Use Application to permit 350 students, Kindergarten
through 5th Grade classes, for the 2009 - 2010 school year at 140 S. Heartz Rd.
Larry Best
Congregation President
Christ Our Savior Lutheran Church
140 S. Heartz Road
Coppell, TX 75019
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Marcie Diamond - Manara Academy - SUP
From: Sadak Shaik <sadak.shaik@gmai1.com>
To: Marcie Diamond <mdiamond@ci.coppell.tx.us>
Date: 4/23/2009 1 :25 PM
Subject: Manara Academy - SUP
Hi Marcie,
Based on the conversation that we had yesterday, here are the issues that Manara will
address regarding the SUP.
1. Manara is only looking at a 1 year lease term with the Lutheran church at this time
with a maximum enrollment of 326.
2. The option contract to buy the facility is on hold at this time, since they have other
offers but they are committed for a 1 year lease term, no matter who will be the owner of
the facility
3. Manara will change the school start time based on the P &Z recommendation to avoid
the peak traffic, from 8am to 8:15am and from 3:30pm to 3:45pm and the buses will still
arrive at 7:40am and leave 4:10pm
4. Manara will setup another meeting with the home owners to address their traffic &
other concerns.
5. Manara will explore the proposal for a full-traffic impact analysis based on the
requirements from the City of Coppell Planning Dept (this is just a proposal for the
Manara board to consider)
Let me know if you need more information.
Scot Johson from Kimberly-Horn Associates will call you today to get requirements from
you for coming up with a proposal for Manara regarding TIA.
Thanks,
Sadak
(214) 868-6472
Vice-President, Manara Academy
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