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Item 6B - Staff ReportCITY OF S0UTHLA1<,.,,E Department of Planning & Development Services STAFF REPORT April 8, 2025 CASE NO: ZA25-0009 PROJECT: Specific Use Permit for a Private School The Novus Academy EXECUTIVE SUMMARY: What if We Could dba The Novus Academy, is requesting approval of a Specific Use Permit for a private school for The Novus Academy 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. SPIN Neighborhood #8. DETAILS: With ZA25-0008, the City Council will consider a request to permit the rezoning of this site to S-P-1 to allow for a "private school" with a Specific Use Permit. This is the concurrent application that formally requests the SUP. The private school is The Novus Academy, a small K-12 private school that has served students since 2014 with learning differences and other special learning challenges. The school is currently located in Grapevine and their lease expires on May 31, 2025. The operating hours are 7:50 A.M. to 3:30 P.M. with an anticipated estimate of 50 enrolled students from 40 families, along with 17 staff members. Students can be predicted to stay until approximately 4:30 - 5:00 P.M. for after -school clubs and care. A summer program is offered in June, July, and August. ACTION NEEDED: 1) Conduct a Public Hearing 3) Consider Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Specific Use Permit Review Summary no. 2, dated February 28, 2025 (D) Surrounding Property Owners Map & Responses (E) Resolution No. 25-017 STAFF CONTACT: Wayne Powell (817) 748-8281 Jenny Crosby (817) 748-8195 Case No. ZA25-0009 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 the inclusion of "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 ZA25-0009 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 site is served by existing sidewalks along 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 Specific Use Permit Review Summary No. 2 dated February 28, 2025, and noting the approval is based on the term of the lease. CITY COUNCIL: STAFF COMMENTS: Attached is Specific Use Permit Review Summary No. 2, dated February 28, 2025. Case No. Attachment A ZA25-0009 Page 2 Vicinity Map 2250 E. Continental Blvd •� .� 2345 21 �r 4 .. Fill W; 919 o 923 r A: MW 2050 2� 5, 2 „ � 2150 950 2 2241 1070 2200 2201 ' .' r'0A2251 2211 a s. N 0 1 2 4 6 8 Miles h Go .. TropM1yC1ob Roanoke Country CWe A4rrel Perk-- DEfITfnN ---- im PM, CI, �eAeaew - PerA Oak G- _ _-VePie Perk cwe �/ C) Z/A 2 V— O O O ./�/'�J% . 793R - Acorn wooas Grapevine Ktiller - TX=11d•ExP'xe' Case No. Attachment B ZA25-0009 Page 1 SPECIFIC USE PERMIT REVIEW SUMMARY Case No.: ZA25-0009 Review No.: Two Date of Review: 02/28/25 Project Name: Specific Use Permit — The Novus Academy APPLICANT: OWNER: The Novus Academy Gateway Church 3400 William D. Tate Ave. #1000 500 S. Nolen Dr., Suite 300 Grapevine, TX 76051 Phone: 817-488-4555 Email: ngalipeau@thenovusacademy.org 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. Note: A Specific Use Permit shall automatically expire if a building permit is not issued and construction has not begun within 6 months of granting of the SUP or if the use shall cease for a period of 6 months. (If no construction is proposed, a Commercial Occupancy Permit is required). 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.southlake.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. In Group E occupancies, a manual fire alarm system and automatic fire detection in paths of Case No. Attachment C ZA25-0009 Page 1 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 Marshal Phone: (817) 748-8671 E-mail: Ichavez(a ci.southlake.tx.us 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 ZA25-0009 Page 2 2097 SURROUNDING PROPERTY OWNERS MAP & RESPONSES 935 935 901 935 ---"--- 935 93513s 935 935 935 935 935 910 y} 6P 935 93s 920 2 1 920 920� 92s 931 929 930 930 92s 925 - — 3 925 92s 921 930 4 92s 930 Fmi �ba 940 940 6 990 kOy q 922 'Pt 3 <! q�f 2250 2259 2285 22so 70 z2 zzso zzse 2-zns 2250 d 222271 2275 ns 7 B 11 12 273 273 2273 950 13 14\ 15 271 22 2271 CONTINENTAL BLVD 2241 16 2241 41 2291 4A 960 1J 2291 20 19 2z2i/ 23f 960 JXC 2221 960 2201 960 - 9fi0 _____________ 2211 2211 2211 2211 I 2211 2211 2211 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 ZA25-0009 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 O: Opposed To Notices Sent: Nineteen (19) Responses Received within 300': None U: Undecided NR: No Response Case No. Attachment D ZA25-0009 Page 2 CITY OF SOUTHLAKE, TEXAS RESOLUTION NO. 25-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A PRIVATE SCHOL ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2250 E CONTINENTAL BLVD, BEING LEGALLY DESCRIBED AS LOT 4R7R1, GREEN MEADOW SUBDIVISION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" 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, 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 Case No. Attachment E ZA25-0009 Page 1 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 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 Case No. Attachment E ZA25-0009 Page 2 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" Transitional Zoning District as depicted on the approved Development Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following conditions: IN 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, Case No. Attachment E ZA25-0009 Page 3 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. 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 Case No. Attachment E ZA25-0009 Page 4 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. 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 Case No. Attachment E ZA25-0009 Page 5 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 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment E ZA25-0009 Page 6 Case No. Attachment E ZA25-0009 Page 7 Metes and Bounds Description Reserved for metes and bounds description Case No. Attachment F ZA25-0009 Page 1 Reserved for approved Site Plan Case No. Attachment F ZA25-0009 Page 2