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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 2250 E. Continental Blvd 2360110 §' �M5 pr 21 911(o) 925 WR I, y 930^ 2050 2�L5�a�a ;�2 s I e 950 1 " 2241 .• .. • ` ;a . tom' 221 1070 Y R� 960 2200 r 41uD ZA25-0008 G��yre�s Tmpby Glub lake �:�.,�ri �4t Ceunlry CAD F4rn1 Pa,�. LDFRww - Perk Grove "Vp» ParF cwe . ]93 tt Wootl; Grapevine N gum 0 125 250 500 Feet 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 ---"--- 935 935 935 935 935 935 935 935 910 y} 6P 935 935 920 2 1 920 920� 925 931 929 930 930 925 925 - — 3 925 925 925 930 9 925 930 Fmi �ba 940 940 6 990 kOy q 922 'Pt 3 <! q�f 2250 M0 2285 — zzso J0 22so i 2250 2250 9 2150 2275 2250 1 22J5 2275 2J5 J 8 2273 950 13 15 271 22 2271 1 CONTINENTAL BLVD 2241 1\ 16 41 41 2291 19 18 2z2i/ 222f JXI 2221 2201 -- - -_- 2211 1 2211 2211 2211 2211 2211 2211 2291 9fi0 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