Item 6CCITY OF
SOUTHLAKE
Department of Planning & Development Services
STAFF REPORT
May 12, 2015
CASE NO: ZA15-031
PROJECT: Specific Use Permit for Fusion Academy
EXECUTIVE
SUMMARY: Fusion Academy Group is requesting approval of a Specific Use Permit for a
private school on property described as Lot 2R1, Block 3R2R, Southlake Town
Square Addition, an addition to the City of Southlake, Tarrant County, Texas and
located at 301 State Street, Suite 200, Southlake, Texas. Current Zoning: "DT"
Downtown District. SPIN Neighborhood #8.
REQUEST
DETAILS: Fusion Academy Group is requesting approval of Specific Use Permit to allow a
private school to locate in Southlake Town Square. Fusion Academy is proposing
to occupy approximately 8,600 square feet of existing space above the Whole
Earth store. No playground or outdoor area for recreational activities is proposed.
Fusion Academy is a private fully -accredited school and tutoring facility for
students in grades 6 through 12 and accommodates individual academic
schedules. See full business model details included in Attachment `C' of this
report.
On May 7, 2015, the Planning & Zoning Commission recommended approval (3-1
Hudson) subject to the staff report dated May 1, 2015 and tying the specific use
permit expiration to the lease.
ACTION NEEDED: 1) Conduct a public hearing
2) Consider approval of a Specific Use Permit
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information — Link to Presentation
(D) Surrounding Property Owners Map and Responses
(E) Resolution No. 15-025
(F) Application Booklet
STAFF CONTACT: Dennis Killough (817)748-8072
Lorrie Fletcher (817)748-8069
Case No.
ZA15-031
BACKGROUND INFORMATION
OWNER: SLTS Grand Avenue 2, LP
APPLICANT: Fusion Academy Group
PROPERTY SITUATION: 301 State Street, Suite 200
LEGAL DESCRIPTION: Lot 2R1, Block 3R2R, Southlake Town Square Addition
LAND USE CATEGORY: Town Center
CURRENT ZONING: "D7 Downtown District
HISTORY: - August 19, 1997 - City Council approved a Development Plan under
Planning Case ZA97-099 for Southlake Town Square Phase I.
- August 19, 1997 - City Council approved a Preliminary Plat under
Planning Case ZA97-101 for Southlake Town Square.
- December 18, 1997 - Planning & Zoning Commission approved a Final
Plat under Planning Case ZA97-162 for Southlake Town Square Phase I.
- August 1, 2000 - City Council approved a Plat Revision under Planning
Case ZA00-070 for Block 2, Southlake Town Square Phase I.
- August 7, 2001 - City Council approved a Plat Revision under Planning
Case ZA01-084 for Blocks 1, 2R, 3R, 4 and 5 Southlake Town Square
Phase I.
- March 4, 2003 - City Council approved a Zoning Change and Concept
Plan under Planning Case ZA02-104 for Blocks 1 R, 2R1, 3R1, 4R, 5R, 6,
7, and 8, Southlake Town Square, and Tracts 3, 3A, 2A5, and 2A, R. Eads
Survey, Abstract No. 481.
- June 20, 2006, City Council approved a Site Plan under Planning Case
ZA06-073 for Robb & Stuckey.
- June 20, 2006, City Council approved a Site Plan under Planning Case
ZA06-073 for Robb & Stuckey.
- November 7, 2006, City Council approved a Revised Site Plan under
Planning Case ZA06-162 for Robb & Stuckey.
SOUTH LAKE 2030 PLAN: Consolidated Land Use Plan
The "Town Center" definition in the 2030 Land Use Plan is as follows:
The Town Center land use designation is intended to enhance and
promote the development of the community's downtown. The goal is to
create an attractive, pedestrian -oriented environment that becomes the
Case No. Attachment A
ZA15-031 Page 1
center of community life in Southlake. It may include compatibly designed
retail, office, cultural, civic, recreational, hotel and residential uses. All uses
shall be developed with a great attention to design detail and will be
integrated into one cohesive district or into distinct sub -districts, each with
its own unique characteristics. A mix of different uses is encouraged to
create a vibrant, lively, and unique environment.
CITIZEN INPUT: A SPIN meeting was not held regarding this application.
PLANNING & ZONING
COMMISSION ACTION: May 7, 2015; Approved (3-1) subject to the staff report dated May 1, 2015
and tying the specific use permit expiration to the lease.
STAFF COMMENTS: Due to the limited scope of this request, a staff review summary report was
not generated.
Case No. Attachment A
ZA15-031 Page 2
Vicinity Map
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Case No. Attachment B
ZA15-031 Page 1
Plans and Support Information
Narrative
(Included in the packet as separate booklet)
fusi'on
academy & learning center
Introduction
Fusion Academy & Learning Center is an innovative, one-to-one, fully -accredited school and
tutoring facility for students in grades 6-12. Fusion Academy specializes in helping students who
need an alternative to the traditional school model by providing a unique approach to learning
and life. All instruction occurs one to one. Rather than forcing students to conform to a one -
size -fits -all approach to education, we adapt to each student's individual needs and learning
styles using a one-to-one mentoring approach. At Fusion Academy, we work with each student
to tailor a program designed to specifically meet his/her individual needs and interests. This
approach engages students in their own learning process and ultimately leads to high levels of
academic success.
By utilizing a one-to-one mentoring method, Fusion Academy is able to recognize and
encourage each student's talents and abilities while providing a completely customized
program. This comprehensive approach, combined with Fusion's nurturing environment and
culture, allows students to thrive. As President and Founder Michelle Rose Gilman stated,
"Parents always ask me why their child will succeed at Fusion. The answer is simple: because
one-to-one works."
Fusion Academy works because of its unique educational model: one tutor, one student. In
addition to offering a one-to-one student teacher ratio, Fusion Academy offers a flexible, year-
round academic schedule designed to meet the demands of students whose needs don't
conform to a "traditional" semester calendar. Each student's class schedule is developed on an
individual basis, so every student's school day is different.
A year-round schedule means students can enroll and begin classes at any time. The one-to-one
educational model allows for more rapid progression through course work so that typically a
student can accomplish a traditional school year in just six or seven months.
Students at Fusion Academy can take courses in science, mathematics, history and social
studies, visual and performing arts, English, languages, and special areas that meet all California
high school graduation requirements. Additionally, students have opportunities to participate in
Honors -level courses and courses approved by UC in each content area.
Business Overview
Fusion Academy & Learning Center is a private, for -profit school charging tuition of
approximately $35,000 per year. Fusion Academy targets communities with 10000 households
in a 10 mile radius with an income of $150,000 or greater. Given the high levels of success with
Case No. Attachment C
ZA15-031 Page 1
Fusion Academy & Learning Center, we seek to replicate this program and open a tutoring
center in your community. Fusion Academy & Learning Center operates in a manner not unlike
other tutoring agencies such as Sylvan Learning or Kaplan Tutoring. At each of these facilities,
students come to learn, and they learn with a tutor. The major differentiator is that students
come to Fusion Academy & Learning Center to receive their entire educational program, not
just assistance in specific subject areas.
Classes meet Monday through Thursday. Tutoring sessions are held on Monday/Wednesday
and Tuesday/Thursday. Fusion Academy is open on Friday for students who need extra support.
Additionally, the school is open on Sundays for both tutoring and class credit. Each class period
is 50 minutes. A typical maximum load is four classes in any given day. An example of a student
schedule is listed below:
Monday and Wednesday
Tuesday and Thursday
Algebra
8:00 am —
8:50 am
French 1
8:00am — 8:50 am
US History
9:00 am —
9:50 am
Drama
9:00 am — 9:50 am
Biology
10:00 am
— 10:50 am
Government
10:00 am — 10:50 am
English 9
11:00 am
— 11:50 am
Computer Graphics
11:00 am — 11:50 am
Homework Cafe 12:00 pm
—1:00 pm
Homework Cafe
12:00 pm —1:00 pm
The office opens with students and teachers starting to arrive between 7:30 and 8:00 am.
Fusion Academy offers one to one class sessions from 8:00 am until 9:00 pm. The 26-30
teachers and 26 tutoring offices are busy throughout the entire day, thus spreading the vehicle
trips over the course of 13 hours. On average, Fusion Academy has 15 student vehicles in the
parking lot at any given time. The rest of the students take public transportation or are picked
up and dropped off.
Fusion Academy occupies approximately 8,600 square feet. The physical make up of Fusion
Academy includes:
• A Director's Office
• An Assistant Director's Office
• A Registrar's Office
• A Billing Office
• An Outreach Office
• A Teacher Conference Room
• Two (2) Workrooms
• Twenty-six (26) Tutoring Offices
• A Music Studio
• A Homework Cafe
• A Storage Room
Fusion Academy is a tutoring center, thus it does not have a playground or outdoor area used
for recreational activities. Students arrive on campus for classes. When they have completed
their classes and homework for the day, they leave. The atmosphere, therefore, is professional
and businesslike.
Case No.
ZA15-031
Attachment C
Page 2
Our Students
Our students have historically been unsuccessful in other academic settings. Students who
attend Fusion Academy tend to fall into three main categories:
1) Students who are actors/athletes and require a flexible school schedule because of their
career and lifestyle;
2) Students who are ahead or behind in school and would benefit from an accelerated or
more moderately paced schedule; and
3) Students who suffer from physical illnesses or social issues that make it difficult for
them to be successful in a traditional classroom.
Important to note, however, is that most Fusion Academy students have average to above
average intelligence. Many of our students are capable of achieving high levels of academic
success given the appropriate support and environment.
The following student information and statistics are from the San Diego location. The
information shown below was gathered from an internal survey conducted during the fall of
2009.
Gender Grade of Students
3% 3%
Female Male 5%
w 6th
■ 7th
33% 8th
■ 9th
10th
% 11th
12th
Case No. Attachment C
ZA15-031 Page 3
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Case No. Attachment C
ZA15-031 Page 4
Site Plan
Case No.
ZA15-031
Attachment C
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Surrounding Property Owners
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Owner
Zoning
Physical Address
Acreage
Response
1.
Slts Grand Avenue II Lp
DT
371 STATE ST
1.86
NR
2.
Town Square Ventures Lp
SP1
331 N CARROLL AVE
2.66
NR
3.
United States Postal Service
SP1
300 STATE ST
2.97
NR
4.
Southlake, City Of
DT
351 STATE ST
1.97
NR
5.
Southlake, City Of
DT
399 GRAND AVE W
0.34
NR
6.
Slts Grand Avenue II Lp
DT
1361 FEDERAL WAY
1.42
NR
7.
Slts Grand Avenue II Lp
DT
310 GRAND AVE W
0.40
NR
8.
Slts Grand Avenue Lp
DT
379 GRAND AVE W
0.01
NR
9.
Slts Grand Avenue Lp
DT
378 GRAND AVE E
0.01
NR
10.
Slts Grand Avenue Lp
DT
316 GRAND AVE W
0.25
NR
11.
Slts Grand Avenue Lp
DT
327 GRAND AVE E
0.43
NR
12.
Slts Grand Avenue II Lp
DT
301 STATE ST
0.48
NR
13.
Slts Grand Avenue II Lp
DT
250 GRAND AVE
0.56
NR
14.
Slts Grand Avenue Lp
DT
1401 FEDERAL WAY
2.44
NR
15.
Southlake, City Of
DT
1451 FEDERAL WAY
1.37
NR
16.
Slts Grand Avenue Lp
DT
251 GRAND AVE
0.60
NR
17.
Slts Grand Avenue Lp
DT
1471 FEDERAL WAY
0.58
NR
18.
Town Square Ventures Lp
DT
1240 MAIN ST
4.08
NR
19.
Town Square Ventures Lp
DT
1400 CIVIC PL
0.75
NR
20.
Town Square Ventures Lp
DT
1422 MAIN ST
0.67
NR
21.
Town Square Ventures Lp
DT
1256 MAIN ST
0.67
NR
22.
Town Square Ventures Lp
DT
1200 MAIN ST
0.58
NR
23.
Southlake, City Of
DT
1400 MAIN ST
0.69
NR
24.
Town Square Ventures Lp
DT
1460 MAIN ST
0.48
NR
25.
Town Square Ventures Lp
DT
1230 MAIN ST
0.28
NR
Case No. Attachment D
ZA15-031 Page 1
26.
Town Square Ventures Lp
DT
1429 MAIN ST
0.33
NR
27.
Town Square Ventures Lp
DT
141 GRAND AVE
3.62
NR
28.
Town Square Ventures Lp
DT
181 GRAND AVE
0.39
NR
29.
Southlake, City Of
DT
1400 FOUNTAIN PL
0.81
NR
30.
Town Square Ventures Lp
DT
180 STATE ST
0.42
NR
31.
Town Square Ventures Lp
DT
1235 MAIN ST
0.34
NR
32.
Town Square Ventures Lp
DT
115 GRAND AVE
0.38
NR
33.
Town Square Ventures Lp
DT
112 STATE ST
0.38
NR
34.
Southlake, City Of
DT
1400 E SOUTHLAKE BLVD
0.94
NR
35.
Town Square Ventures Lp
DT
1430 E SOUTHLAKE BLVD
0.27
NR
36.
Town Square Ventures Lp
DT
140 STATE ST
3.28
NR
37.
Town Square Ventures Lp
DT
1200 E SOUTHLAKE BLVD
1.01
NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Thirty-seven (37)
Responses Received: None
Case No. Attachment D
ZA15-031 Page 2
RESOLUTION NO. 15-025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT
FOR FUSION ACADEMY, A PRIVATE SCHOOL, ON PROPERTY
LOCATED AT 301 STATE STREET, SUITE 200, SOUTHLAKE,
TARRANT COUNTY, TEXAS AND BEING LEGALLY DESCRIBED
AS LOT 2R1, BLOCK 3R2R, SOUTHLAKE TOWN SQUARE
ADDITION, AS DESCRIBED IN EXHIBIT "A", AND AS DEPICTED
ON THE APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a Specific Use Permit for a private school has been requested by a person
or corporation having a proprietary interest in the properties zoned as "D7 Downtown District;
and,
WHEREAS, in accordance with the requirements of Section 45.1 (3) of the City's
Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council
have given the requisite notices by publication and otherwise, and have afforded the persons
interested and situated in the affected area and in the vicinity thereof; and,
WHEREAS, the City Council does hereby find and determine that the granting of such
Specific Use Permit is in the best interest of the public health, safety, morals and general
welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
A Specific Use Permit is hereby granted for a private school on property located at 301
State Street, Suite 200 and being described as Lot 2R1, Block 3R2R, Southlake Town Square
Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat
recorded in Cabinet A, Slides 4892, 6888 and 6889, Plat Records, Tarrant County, Texas, as
described in Exhibit "A", and as depicted on the approved Site Plan attached hereto and
Case No. Attachment E
ZA15-031 Page 1
incorporated herein as Exhibit "B" and providing an effective date, subject to the provisions
contained in the comprehensive zoning ordinance and the restrictions set forth herein. The
following specific requirements and special conditions shall be applicable to the granting of this
Specific Use Permit:
1)
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS DAY OF MAY, 2015.
CITY OF SOUTHLAKE
Laura Hill, Mayor
ATTEST:
Lori Payne, TRMC
City Secretary
Case No. Attachment E
ZA15-031 Page 2
EXHIBIT "A"
Being described as Lot 2R1, Block 3R2R, Southlake Town Square Addition, an addition to the
City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides
4892, 6888 and 6889, Plat Records, Tarrant County, Texas.
Case No. Attachment E
ZA15-031 Page 3
EXHIBIT "B"
Reserved for approved documents
Case No. Attachment E
ZA15-031 Page 4