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Item 6E - Staff Report Case No. ZA26-0026 S T A F F R E P O R T May 22, 2026 CASE NO: ZA26-0026 PROJECT: Specific Use Permit for The Novus Academy EXECUTIVE SUMMARY: What If We Could dba The Novus Academy is requesting approval of a Specific Use Permit to allow for a portable building on property described as Lot 4R7R1, Green Meadow Subdivision and located at 2250 E. Continental Blvd. Current Zoning: “S-P-1” Detailed Site Plan District. SPIN Neighborhood #8. DETAILS: The purpose of this request is to seek approval of a Specific Use Permit (SUP) for portable buildings for storm shelters, approximately 320 square feet each, at The Novus Academy. Each structure is a steel container measuring 8 feet wide, 8 feet 6 inches tall, and 40 feet long, designed to meet ICC 500 storm shelter requirements. The site currently has 113 parking spaces. Based on the applicable parking requirements, the remaining parking supply is adequate to serve the school. The applicant is requesting approval for a maximum of five portable storm shelters to be placed on-site, which is required to accommodate the estimated full calculated occupant load of 320 people per the building code. Per the school, the occupant load for the currently occupied portion of the lease space is 108 people including all staff and students. The estimated occupancy load by the requirements of the school, with full build-out of the lease space is 172 people, including the anticipated additional staff and students. The site plan indicates the proposed locations of where each storm shelter could potentially be placed based on the school’s growth. The occupancy and required number storm shelters are shown in the table below: Occupancy Number of People (Staff and Students) Number of Storm Shelters Required Total Occupancy Load Per School (Present Day) 108 2 Maximum Calculated Buildout Per School Estimate 172 3 Maximum Calculated Building Code of lease space 320 5 On May 7, 2026, the Planning and Zoning Commission recommended approval, granting a variance to allow the permit to last the length of the lease (11 years) and any lease extension. Department of Planning & Development Services Item 6E Case No. ZA26-0026 VARIANCES: Approval of a portable building shall be on a temporary basis only. Any permit granted hereunder shall be for a maximum period of three (3) years, unless otherwise approved by the City Council. (Variance requested to allow the storm shelter to remain the duration of the Novus Academy’s occupancy and use of the principal building) ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval of Specific Use Permit ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Specific Use Permit Review Summary No. 3, dated May 22, 2026 (D) Surrounding Property Owners Map & Responses (E) Resolution No. 26-018 STAFF CONTACT: Cyndi Cheng (817) 748-8269 Jennifer Crosby (817) 748-8195 Case No. Attachment A ZA26-0026 Page 1 BACKGROUND INFORMATION OWNER: Gateway Church APPLICANT: The Novus Academy PROPERTY SITUATION: 2250 E. Continental Blvd. LEGAL DESCRIPTION: Lot 4R7R1, Green Meadow Subdivision LAND USE CATEGORY: Industrial CURRENT ZONING: “S-P-1” Detailed Site Plan District 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 “I-2” Heavy Industrial with the adoption of Ord. No. 334 and the official zoning map in August of 1986. The zoning was changed from “I-2” Heavy Industrial to “I-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. A Zoning Change and Site Plan (ZA25-0008) and a Specific Use Permit (ZA25-0009) was approved concurrently on April 15, 2025 to allow for a private school under the “S-P-1” zoning district, subject to the term of the lease and any extensions. SOUTHLAKE COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The future land use designation for the site is “Industrial”. Case No. Attachment A ZA26-0026 Page 2 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. Mobility & Master Thoroughfare Plan East Continental Boulevard is a 84’ undivided two lane collector road (C2U). South Kimball Avenue is an 88’ four lane divided arterial road (A4D). Pathways Master Plan & Sidewalk Plan The site is served by existing sidewalks along E Continental Blvd. and S. Kimball Ave. UTILITIES: There is a 15’ drainage easement on the property. An Encroachment and Joint Use Agreement is requested to locate the storm shelters within a drainage easement. This easement is only occupied by a private underground storm pipe and does not carry any surface drainage. The encroachment of the storm shelters will not impact drainage. CITIZEN INPUT: This item was heard at the May 18, 2026 Corridor Planning Committee. PLANNING AND ZONING COMMISSION ACTION: May 7, 2026; Approved (6-0) subject to the Staff Report dated May 7, 2026, and subject to the Specific Use Permit Review No. 2, dated May 1, 2026, granting a variance to allow the permit to last the length of the lease (11 years) and any lease extension. STAFF COMMENTS: Attached is the Specific Use Permit Review Summary No. 3, dated May 22, 2026. 45.20 SPECIFIC REGULATIONS FOR PORTABLE BUILDINGS NOT OTHERWISE PERMITTED UNDER THIS ORDINANCE a. Approval of a portable building shall be on a temporary basis only. Any permit granted hereunder shall be for a maximum period of three (3) years, unless otherwise approved by the City Council. (Variance requested to allow the storm shelter to remain the duration of the Novus Academy’s occupancy and use of the principal building) b. All portable buildings shall be constructed in accordance with the appropriate state or federal code which regulates their construction or Case No. Attachment A ZA26-0026 Page 3 shall meet all requirements of the City's building code. c. Portable buildings shall: 1) Provide parking in accordance with use of the portable buildings as prescribed in Section 35 of this ordinance; (Not applicable, has no parking impact.) 2) Be skirted on the front and sides; (Not applicable, building sets flush to the paved surface.) 3) Provide foundation landscape planting consisting of one (1) five-gallon shrub per four (4) linear feet around skirting excluding entrances; (Not applicable, building has no skirting and rests on a paved surface) d. Portable buildings shall be maintained in a neat and presentable condition at all times. Upon expiration of the specific use permit, the portable building shall be immediately removed and the premises shall be restored to their previous condition. e. The site plan submitted with the application shall contain a narrative explanation describing the applicant's plans to transition the portable building to a permanent structure. f. Portable buildings may also be subject to other requirements as deemed necessary in order to promote public health, safety, welfare and aesthetics. Case No. Attachment B ZA26-0026 Page 4 Case No. Attachment C ZA26-0026 Page 5 SPECIFIC USE PERMIT REVIEW SUMMARY Case No.: ZA26-0026 Review No.: Three Date of Review: 05/22/26 Project Name: Specific Use Permit – The Novus Academy APPLICANT: OWNER: The Novus Academy Gateway Church 2250 E. Continental Blvd. 500 S. Nolen Dr., Suite 300 Southlake, Texas 76092 Southlake, Texas 76092 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/06/26 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 CYNDI CHENG AT (817) 748-8269. E-mail: ccheng@ci.southlake.tx.us Cyndi Cheng Planner I Phone: (817) 748-8269 * A specific use permit shall automatically expire if a building permit is not issued and construction begun within six (6) months of the granting of the specific use permit or if the use shall cease for a period of six (6) months. 45.15 SPECIFIC REQUIREMENTS FOR ACCESSORY STRUCTURES (As amended by 480-VVV) The following regulations shall govern the location and use of any accessory building requiring a Specific Use Permit: a. Accessory buildings shall be required a permanent foundation and shall be located no closer than ten feet (10') to a property line located in the rear yard. b. Separation requirements between accessory and principal buildings shall be determined by the most recently adopted International Building Code (IBC). c. No accessory building shall be constructed upon a lot until the construction of the principal building or use has actually been commenced, and no accessory building shall be used unless the main building in a lot is completed and used. d. Accessory buildings shall be used only in compliance with individual district regulations. e. Accessory buildings shall not exceed one story or fourteen feet (14') in height. f. No accessory building shall be located forward of the principal building on the lot. g. All accessory structures requiring a Specific Use Permit shall meet the requirements set forth in Masonry Ordinance No. 557-A, as amended. Case No. Attachment C ZA26-0026 Page 6 h. Masonry material used shall match the masonry material of the principal structure on the lot. i. Roof (design, pitch, and materials) to be the same type as the principal structure roof. Tree Conservation/Landscape Review Case No. ZA26-0026 Review No. One Dated: April 8, 2026 Number of Pages: 1_ Project Name: 2250 E. Continental Blvd. (SUP) Contact: Keith Martin Phone: (817) 748-8229 Fax: (817) 481-5713 ============================================================================= == The following comments are based on the review of plans received on March 30, 2026 . Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. ============================================================================= == LANDSCAPE COMMENTS: * No comments * Indicates informational comment. # Indicates required items comment. E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 Public Works/Engineering Review Review No. 1 Date: 4/14/2026 Case No. ZA26-0026 Special Use Permit Project Name: 2250 E. Continental Blvd Contact: Sandy Endy, P.E. Email: sendy@ci.southlake.tx.us Phone: (817) 748-8033 The following comments are based on the review of plans received on: 3/30/2026 Case No. Attachment C ZA26-0026 Page 7 It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: 1. The proposed structure location is within a dedicated drainage easement and will be on top of a private storm pipe. It is recommended that another location be used for the proposed structure, however, if another location is not feasible, the following items will be required: a. An executed encroachment agreement. The encroachment agreement application can be found here: https://www.cityofsouthlake.com/DocumentCenter/View/36142/Joint- Use-and-Encroachment-Agreement---Public-Easement. The agreement shall be uploaded to the encroachment agreement permit through the online portal. Since this is only a drainage easement, the franchise utility signatures are not required. b. Per direction from the City Engineer, a Stormwater Maintenance Agreement will be required since the structure will be located directly on top of the private storm pipe. The agreement shall be for the entire Green Meadows development and should be completed by the property owner. The standard agreement can be found here: https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.cityofsouthl ake.com%2FDocumentCenter%2FView%2F39710%2FMaintenance-Agreement-Final- Draft-11022%3FbidId%3D&wdOrigin=BROWSELINK. The agreement shall be uploaded to the MS4 Permit that can be applied for through the online portal. Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us Building Inspections Review No comments. Susan Hernandez Deputy Building Official Phone: (817) 748-8238 E-mail: shernandez@ci.southlake.tx.us Fire Department Review GENERAL COMMENTS: Pending Fire Comments. Lorenzo Chavez Fire Marshal Phone: (817) 748-8671 E-mail: lchavez@ci.southlake.tx.us Case No. Attachment C ZA26-0026 Page 8 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. * All lighting must comply with the Lighting Ordinance No. 693, as amended. SURROUNDING PROPERTY OWNERS MAP & RESPONSES Case No. Attachment D ZA26-0026 Page 9 SPO # Owner Zoning Physical Address Acreage Response 1 VARIOSYSTEMS INC I1 901 S KIMBALL AVE 0.58 NR 2 DENMISS LLC I1 910 S KIMBALL AVE 0.09 NR 3 DENMISS LLC I1 930 S KIMBALL AVE 1.48 NR 4 925 SOUTH KIMBALL LLC I1 925 S KIMBALL AVE 0.27 NR 5 THE DENEUI LIVING TRUST I1 920 S KIMBALL AVE 0.00 NR 6 5917 HELMICK AVE LLC I1 940 S KIMBALL AVE 0.58 NR 7 WESTGATE OFFICE PARK OWNERS I1 2271 E CONTINENTAL BLVD 0.54 NR 8 ELECTRO MEDICAL SYSTEMS LLC I1 2150 E CONTINENTAL BLVD 1.12 NR 9 COGENT POINT LLC I1 2275 E CONTINENTAL BLVD 0.01 NR 10 COGENT POINT LLC I1 2275 E CONTINENTAL BLVD 0.01 NR 11 CORNERSTONE WEALTH MGT LLC I1 2273 E CONTINENTAL BLVD 0.02 NR 12 SLM PROPERTIES LLC I1 2273 E CONTINENTAL BLVD 0.02 NR 13 BHS VENTURES LLC I1 2271 E CONTINENTAL BLVD 0.03 NR 14 SIMPLY STORAGE SOUTHLAKE LLC I1 960 S KIMBALL AVE 0.07 NR 15 BHS VENTURES LLC I1 2271 E CONTINENTAL BLVD 0.04 NR 16 PFA PROPERTIES LLC I1 2241 E CONTINENTAL BLVD 0.44 NR Case No. Attachment D ZA26-0026 Page 10 17 ARMOR CAPITAL LLC I1 2221 E CONTINENTAL BLVD 0.29 NR 18 KEITH, WENDELL P I1 2211 E CONTINENTAL BLVD 0.03 NR 19 MDC COAST 17 LLC I1 2201 E CONTINENTAL BLVD 0.37 NR 20 EXPLORER PIPELINE CO I2 2200 MUSTANG CT 0.26 NR 21 SIMPLY STORAGE SOUTHLAKE LLC I1 950 S KIMBALL AVE 1.32 NR 22 JOURNEY 5 VENTURES LLC I1 2251 E CONTINENTAL BLVD 1.36 NR 23 SUPERINTENDENT OF CARROLL ISD NR 24 SUPERINTENDENT OF GRAPEVINE COLLEYVILLE ISD NR 25 SUPERINTENDENT OF NORTHWEST ISD NR 26 SUPERINTENDENT OF KELLER ISD NR 1000 GATEWAY CHURCH SP1 2250 E CONTINENTAL BLVD 2.70 Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-three (23) Responses Received within 300’: None