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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 Fusion Academy " O p O 4] Ln CDm \11� a to � J J CD )75 FEDERAL WAY N O O O W LS 1075 1T25i o w 1220 (U Ul O PROSPECT ST I% r. MAIN ST w ❑ o z 1400 � J 140 FOUNTAIN PL w 11 N Li} U 0 ZA 15-03 1 Specific Use Permit 345 690 1.380 Feet 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 "MM-MMIM&I 55-M A O O p D A O m y1 Z T O-uO m >c�m �M oz m y C r n D N pp n Z .. c q CO 1 N y 3�m�aAy mm cCD3nz 30 0 Q Z'm00�� �zzm�0y` 0 Dz Mao C n N O �'y a Z Floor Plan Case No. Attachment C ZA15-031 Page 4 Site Plan Case No. ZA15-031 Attachment C Page 5 Surrounding Property Owners Fusion Academy W a� a v 9 +.970i 1 5 O o�p FEDERAL WAY 7a� 1ppp 0 8 Q : 5 v a U q3 44� Z 4,5 H 0 107s nzs 1t75 v, W ~ N � �o� } t-� 8 � 8 � O� � Z�•' FFpF c>N ° tY' '9 RqC 970 m PROSPECTS s � A• 4 / s a s a e p{ p xx MEETING ST pIYYS 41p:05� " IC PL Z f 140o W � N Q m MAIN ST MAIN ST W O 1501 Q z x HQ 2G 1400 1 FOUNTAIN N w1490 tts ev " U 1 050 1100 1110 1200 t400 ' - - - - + 1510 1540 1580 1570 1580 F M 1709 E SOUTHLAKE BLVD 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