Item 6A - Staff ReportItem 6A
CITY OF
S0UTHLA1<,.,,E
Department of Planning & Development Services
STAFF REPORT
April 8, 2025
CASE NO: ZA25-0008
PROJECT: Zoning Change and Site Plan Approval for The Novus Academy
EXECUTIVE
SUMMARY: What if We Could dba The Novus Academy, is requesting approval of a Zoning
Change and Site Plan on property described as Lot 4R7R1, Green Meadow
Subdivision and located at 2250 E. Continental Blvd., Southlake, Texas. Current
Zoning: 1-1" Light Industrial District. Proposed Zoning: "S-P-1" Detailed Site Plan
District. SPIN Neighborhood #8.
DETAILS: The purpose of this zoning change is to adopt a "S-P-1" zoning district that will
permit a private school with approval of a Specific Use permit (SUP) while
retaining the 1-1" light industrial district uses and regulations currently on the
property. There is a concurrent application for a private school SUP, Case ZA25-
0009, for The Novus Academy. There are no proposed alterations to the site.
ACTION NEEDED: 1) Conduct a Public Hearing
2) Consider 2nd Reading Approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Site Plan Review Summary No. 2, dated February 28, 2025
(D) Surrounding Property Owners Map & Responses
(E) Ordinance No. 480-833
STAFF CONTACT
Wayne Powell (817) 748-8281
Jennifer Crosby (817) 748-8195
Case No.
ZA25-0008
BACKGROUND INFORMATION
OWNER: Gateway Church
APPLICANT: What if We Could dba The Novus Academy
PROPERTY SITUATION: 2250 E. Continental Blvd., Southlake, TX 76092
LEGAL DESCRIPTION: Lot 4R7R1, Green Meadow Subdivision
LAND USE CATEGORY: Industrial
CURRENT ZONING: 1-1" Light Industrial District
PROPOSED ZONING: "S-P-1" Detailed Site Plan District with 1-1 Light Industrial uses and to
include "Private School" with a specific use permit.
HISTORY: - A zoning change (ZA74-009) from Agricultural to Heavy Commercial was
approved December 3, 1974.
- A final plat (ZA74-009) for Green Meadow Subdivision, Tracts 1-5 was
approved Dec. 3, 1974.
- The zoning was changed from Heavy Commercial to 1-2" Heavy
Industrial with the adoption of Ord. No. 334 and the official zoning map in
August of 1986.
- The zoning was changed from 1-2" Heavy Industrial to 1-1" Light
Industrial with the adoption of Ord. No. 480 and the official zoning map in
September of 1989.
- A plat revision (ZA98-112) for Lot 4R was filed August 9, 1999.
- A plat revision (ZA01-050) for Lots 4R1-4R7 was filed August 15, 2001.
- A plat revision (ZA03-104) for Lots 4R2R-4R7R, 4R8 and 4R9 was filed
January 31, 2005.
- A building permit for Building 3 was issued September 14, 2007.
- An amended plat (ZA07-038) was filed September 28, 2007.
SOUTHLAKE
COMPREHENSIVE PLAN: Consolidated Future Land Use Plan
The future land use designation for the site is "Industrial".
Definition and Purpose:
Industrial and business service development that is relatively free of
unwanted side effects, such as unsightliness, noise, odor, glare, vibrations,
etc., is permitted in the Industrial category. If meeting the qualification of
relatively free of unwanted side effects, suitable types of development in
the Industrial category can be characterized by the manufacturing,
processing, packaging, assembly, storage, warehousing and/or distribution
of products. Ancillary commercial and retail activities associated with these
uses are permitted. Public Parks / Open Space and Public / Semi -Public
activities as described above may be permitted if surrounding industrial
uses do not pose hazards and are sufficiently buffered.
Case No. Attachment A
ZA25-0008 Page 1
Mobility & Master Thoroughfare Plan
East Continental Blvd. is a 84' collector road (C2U).
South Kimball Ave is an 88' arterial road (A4D)
Pathways Master Plan & Sidewalk Plan
The location is served by existing sidewalks on both E Continental Blvd
and S Kimball Ave
PLANNING AND
ZONING: March 6, 2025; APPROVED (5-0) subject to Staff Report dated February
28, 2025, and subject to Site Plan Review Summary No. 2 dated February
28, 2025, and noting the approval is based on the term of the lease.
CITY COUNCIL: April 1, 2025; APPROVED (6-0) subject to Staff Report dated March 25,
2025, and subject to Site Plan Review Summary No. 1 dated February 5,
2025, and noting the approval is approving a zoning and site plan to adopt
an S-P-1 Detailed Site Plan District Zoning that will permit a private school
subject to approval of a Specific Use Permit while retaining the 1-1 Light
Industrial District uses and regulations currently on the property and also
noting that if this is approved tonight a private school SUP will be
presented at the April 15, 2025 City Council meeting.
STAFF COMMENTS: Attached is the Site Plan Review Summary No. 2, dated February 28,
2025.
The applicant has also applied for an SUP for a private school that would
be linked to this Site Plan. The case number for this SUP is ZA25-0009.
Case No. Attachment A
ZA25-0008 Page 2
Vicinity Map
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Case No. Attachment B
ZA25-0008 Page 1
SITE PLAN REVIEW SUMMARY
Case No.: ZA25-0008 Review No.: Two
Project Name: Site Plan — The Novus Academy
APPLICANT:
The Novus Academy
3400 William D. Tate Ave. #1000
Grapevine, TX 76051
Phone: 817-488-4555
Email: ngalipeau@thenovusacademy.org
Date of Review: 02/28/25
OWNER:
Gateway Church
500 S. Nolen Dr., Suite 300
Southlake, TX 76092
Phone: 682-593-4295
Email: kfambro(a)irea.us
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
02/17/25 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY
MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY
COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE
CONTACT WAYNE POWELL (817) 748-8281.
Planning Review
Note: Current as-builts on file with the city will act as the approved site plan with the zoning.
Tree Conservation/Landscape Review
No comments.
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
Public Works/Engineering Review
No comments.
Sandra Endy, P.E.
Development Engineer
Phone: (817) 748-8033
E-mail: sendy@ci.southIake.tx.us
Fire Department Review
GENERAL COMMENTS:
An approved fire safety and evacuation plan in accordance with Section 404 shall be prepared
and maintained for Group E occupancies.
Case No. Attachment C
ZA25-0008 Page 1
In Group E occupancies, a manual fire alarm system and automatic fire detection in paths of
egress that initiates the occupant notification signal utilizing an emergency voice/ alarm
communication system meeting the requirements of Section 907.5. 2.2 and installed in
accordance with Section 907.6 shall be installed in Group E educational occupancies. Group E
daycare occupancies shall have a smoke detector in all areas used by children. When automatic
sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected
to the building fire alarm system. (The current fire alarm system would need to be
remodeled/upgraded to meet this requirement)
Carbon monoxide detection will be required in classrooms in Group E occupancies if the
building contains fuel burning appliances and/or fuel burning forced -air furnaces. (The suite
would need to upgrade to provide carbon monoxide detection to meet this requirement)
Lorenzo Chavez
Fire Marshall
Ichavez@ci.southlake.tx.us
817-748-8671
General Informational Comments
No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
Building permit(s) are required prior to commencement of any work.
Case No. Attachment C
ZA25-0008 Page 2
�i
2050
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
935
935
901 935
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935 935
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935 935
935 935
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15 271
22 2271
1 CONTINENTAL BLVD 2241
1\ 16
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41 2291
19 18 2z2i/
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1 2211 2211
2211 2211 2211
2211
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960
960
960
960
SPO
Owner
Zoning
Physical Address
Acreage
Response
1
VARIOSYSTEMS INC
11
901 S KIMBALL AVE
0.58
NR
2
DENMISS LLC
11
910 S KIMBALL AVE
0.09
NR
3
DENMISS LLC
11
930 S KIMBALL AVE
1.48
NR
4
925 SOUTH KIMBALL LLC
11
925 S KIMBALL AVE
0.27
NR
5
DENMISS LLC
11
920 S KIMBALL AVE
0.00
NR
6
5917 HELMICK AVE LLC
11
940 S KIMBALL AVE
0.58
NR
7
WESTGATE OFFICE PARK OWNERS
11
2271 E CONTINENTAL BLVD
0.54
NR
8
ELECTRO MEDICAL SYSTEMS LLC
11
2150 E CONTINENTAL BLVD
1.12
NR
9
COGENT POINT LLC
11
2275 E CONTINENTAL BLVD
0.01
NR
10
COGENT POINT LLC
11
2275 E CONTINENTAL BLVD
0.01
NR
11
CORNERSTONE WEALTH MGT LLC
11
2273 E CONTINENTAL BLVD
0.02
NR
12
SLM PROPERTIES LLC
11
2273 E CONTINENTAL BLVD
0.02
NR
13
BHS VENTURES LLC
11
2271 E CONTINENTAL BLVD
0.03
NR
14
SIMPLY STORAGE SOUTHLAKE LLC
11
960 S KIMBALL AVE
0.07
NR
15
BHS VENTURES LLC
11
2271 E CONTINENTAL BLVD
0.04
NR
16
PFA PROPERTIES LLC
11
2241 E CONTINENTAL BLVD
0.44
NR
17
ARMOR CAPITAL LLC
11
2221 E CONTINENTAL BLVD
0.29
NR
18
KEITH, WENDELL P
11
2211 E CONTINENTAL BLVD
0.03
NR
Case No. Attachment D
ZA25-0008 Page 1
19
MDC COAST 17 LLC
11
2201 E CONTINENTAL BLVD
0.37
NR
20
EXPLORER PIPELINE CO
12
2200 MUSTANG CT
0.26
NR
21
SIMPLY STORAGE SOUTHLAKE LLC
11
950 S KIMBALL AVE
1.32
NR
22
JOURNEY 5 VENTURES LLC
11
2251 E CONTINENTAL BLVD
1.36
NR
23
SUPERINTENDENT OF CARROLL ISD
NR
1000
GATEWAY CHURCH
11
2250 E CONTINENTAL BLVD
2.70
Responses: F: In Favor
Notices Sent: Nineteen (19)
Responses Received
within 300': None
O: Opposed To U: Undecided NR: No Response
Case No. Attachment D
ZA25-0008 Page 2
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-833
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING
CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN
THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY
DESCRIBED AS LOT 4R7R1, GREEN MEADOW SUBDIVISION,
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"I-1" LIGHT INDUSTRIAL DISTRICT TO "S-P-1" SITE PLAN
DISTRICT WITH "I-1" LIGHT INDUSTRIAL DISTRICT USES, AS
DEPICTED ON THE APPROVED DEVELOPMENT PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS
OF THE ZONING ORDINANCE; DETERMINING THAT THE
PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN
MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and
to amend said ordinance and map for the purpose of promoting the public health, safety, morals
and general welfare, all in accordance with a comprehensive plan; and,
WHEREAS, the hereinafter described property is currently zoned as 1-1" Industrial District
under the City's Comprehensive Zoning Ordinance; and,
Case No. Attachment E
ZA25-0008 Page 1
WHEREAS, a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and,
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages;
noise producing elements and glare of the vehicular and stationary lights and effect of such lights
on established character of the neighborhood; location, lighting and types of signs and relation of
signs to traffic control and adjacent property; street size and adequacy of width for traffic
reasonably expected to be generated by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of this ordinance for off-
street parking facilities; location of ingress and egress points for parking and off-street loading
spaces, and protection of public health by surfacing on all parking areas to control dust; effect on
the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding
of the land; effect on the concentration of population, and effect on transportation, water,
sewerage, schools, parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public interest
clearly requires the amendments, and that the zoning changes do not unreasonably invade the
rights of those who bought or improved property with reference to the classification which existed
Case No. Attachment E
ZA25-0008 Page 2
at the time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over -crowding of land, avoids undue concentration of population, and facilitates the adequate
provision of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there
has been a change in the conditions of the property surrounding and in close proximity to the
tract or tracts of land requested for a change since the tract or tracts of land were originally
classified and therefore feels that the respective changes in zoning classification for the tract or
tracts of land are needed, are called for, and are in the best interest of the public at large, the
citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare
of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is
hereby amended so that the permitted uses in the hereinafter described areas be altered,
changed and amended as shown and described below:
Being described as Lot 4R7R1, Green Meadow Subdivision, City of Southlake,
Tarrant County, Texas, and more fully and completely described in Exhibit "A" from
"I-1" Industrial District to "S-P-1" Detailed Site Plan District as depicted on the
approved Site Plan attached hereto and incorporated herein as Exhibit "B", and
subject to the following conditions:
Case No. Attachment E
ZA25-0008 Page 3
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall
be subject to all the applicable regulations contained in said Zoning Ordinance and all other
applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance
are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to
lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of
land; to avoid undue concentration of population; and to facilitate the adequate provision of
transportation, water, sewerage, drainage and surface water, parks and other commercial needs
and development of the community. They have been made after a full and complete hearing with
reasonable consideration among other things of the character of the district and its peculiar
suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
Case No. Attachment E
ZA25-0008 Page 4
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that
if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall
be declared to be invalid, the same shall not affect the validity of the zoning of the balance of
said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 9.
Case No. Attachment E
ZA25-0008 Page 5
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance in its entirety on the City website together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this ordinance,
and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation
of any of its provisions, then the City Secretary shall additionally publish this ordinance in the
official City newspaper one time within ten (10) days after passage of this ordinance, as required
by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the day of , 2025.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2025.
MAYOR
ATTEST:
CITY SECRETARY
Case No. Attachment E
ZA25-0008 Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No. Attachment E
ZA25-0008 Page 7
Being described as Lot 1, Kimball Park, City of Southlake, Tarrant County, Texas
Metes and Bounds Description
Reserved for metes and bounds description
Case No. Attachment E
ZA25-0008 Page 8
Reserved for approved Site Plan
Case No. Attachment E
ZA25-0008 Page 9