Item 6D
Department of Planning & Development Services
S T A F F R E P O R T
April 14, 2010
CASE NO: ZA10-008
PROJECT: Zoning Change & Site Plan for Miron Grove Office Park
EXECUTIVE
SUMMARY:
On behalf of RCC Miron Office Ltd, Corgan Associates, Inc. is requesting approval of a
Zoning Change and Site Plan for Miron Grove Office Park, located at 300 Miron Drive,
to amend the uses and regulations of the existing “S-P-2” zoning regulations.
REQUEST:
The applicant is requesting to revise the existing “S-P-2” Generalized Site Plan District
uses and regulations to allow “ambulatory surgical center/clinic (no overnight stay)” as
a permitted use as well as allow an additional short-term covered parking space (or
“carport”) and screening wall to screen new generators and HVAC units. The covered
parking space and generators are required in order to meet state regulations for
ambulatory surgical care facilities. No other changes to the “S-P-2” regulations or
Concept/Site Plan are being proposed.
The applicant has submitted a revised plan based on comments from the Planning &
Zoning Commission. The plan shows one screen wall on the southeast corner of the
building to screen a new generator and existing electrical equipment. Another screen
wall is shown on the west side of the building to screen HVAC equipment. That wall
reduces two (2) full size 9’ x 18’ parking spaces to two (2) 9’ x 16’ compact spaces.
All of the proposed changes are driven by a potential tenant—Spine Team Texas—for
“Building 6” as shown on the approved Concept Plan (Attachment C, Page 4).
ACTION NEEDED: (1) Conduct Public Hearing
nd
(2) Consider 2 reading approval of zoning & site plan
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint Presentation
(D) Surrounding Property Owners Map
(E) Surrounding Property Owners Responses
(F) Ordinance No. 480-500a
STAFF CONTACT:
Ken Baker (817)748-8067
Clayton Comstock (817)748-8269
Case No.
ZA09-000
BACKGROUND INFORMATION
OWNER:
RCC Miron Office, Ltd.
APPLICANT:
Corgan Associates, Inc.
PROPERTY SITUATION:
300 Miron Drive
LEGAL DESCRIPTION:
Lot 4R1, Block 1, Miron Subdivision
LAND USE CATEGORY:
Office Commercial
CURRENT ZONING:
“S-P-2” Generalized Site Plan District with “O-1” Office District uses
REQUESTED ZONING:
“S-P-2” Generalized Site Plan District with “O-1” Office District uses to also
include “ambulatory surgical center/clinic (no overnight stay)”
HISTORY:
A change of zoning to “S-P-2” was approved by City Council on May 5, 1992.
City Council approved a plat revision for Miron Addition on June 3, 1997.
A change of zoning to "S-P-2" with "O-1" uses was approved by City Council on
October 3, 2006.
A site plan for phase 1 was also approved by City Council on October 3, 2006.
A revised site plan was approved by City Council on February 20, 2007 (ZA07-
014).
P & Z ACTION:
February 4, 2010; Approved to table until the March 4, 2010 Planning and
Zoning Commission meeting.
March 4, 2010; Approved (3-2), noting the applicants willingness to replace the
sidewalk and landscaping being removed by the addition; also suggesting that
the applicant will have the minimum and maximum length, width and height
possible to house the equipment and also determine the feasibility of moving
the screening wall from the southwest to the southeast side of the building to
cover existing electrical boxes and subject to Staff’s Report dated February 26,
2010.
st
COUNCIL ACTION:
April 6, 2010; Approved (7-0) 1 reading as presented.
STAFF COMMENTS:
Because of the limited scope of this request, no staff review has been
generated. The applicant has been made aware that outdoor generators and
HVAC equipment must comply with the Noise Ordinance and all other
applicable development regulations.
A SPIN meeting was held on February 22, 2010 at 8:00PM in Southlake Town
Hall. The following is a report of that meeting:
SPIN MEETING REPORT
Case No. Attachment A
ZA10-008 Page 1
CASE NO. ZA10-008
PROJECT NAME: Miron Grove Business Park Building 6 Canopy and Screen Wall
SPIN DISTRICT: SPIN # 8
MEETING DATE: February 22, 2010
MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3C & 3D
TOTAL ATTENDANCE: Eight (8)
SPIN REPRESENTATIVE(S) PRESENT: John Logan (#8 Alternate)
APPLICANT(S) PRESENTING: Tina Larsen, Corgan Associates, Inc., Mark Hood, Spine Team Texas, Mark
Valudos, Corgan Associates, Inc.
STAFF PRESENT: Richard Schell, Planner II
STAFF CONTACT: Richard Schell, (817)748-8602; rschell@ci.southlake.tx.us
EXECUTIVE SUMMARY
Property Situation
The property is located at 300 Miron Drive in the Miron Grove Business Park (Building 6).
Development Details
Spine Team Texas is proposing a zoning change and site plan from “S-P-2“ Generalized Site Plan District to “S-
P-2” Generalized Site Plan District to include the following:
Add ambulatory surgery center/clinic as a permitted use
o
Add a canopy over the entrance
o
Add a brick screening wall around mechanical equipment, including an emergency generator
o
QUESTIONS / CONCERNS
How far is the building from the private drive that serves Miron Grove Business Park?
About 40”
o
The solid screening wall detracts from the looks of the building. Is there a way to relocate the wall to the west
or north side of the building?
Parking spaces would be lost if the wall was relocated to the west or north side of the building.
o
Moving the wall to the west or north side of the building would also help to mitigate noise from the emergency
generator because it would be farther away from the adjacent neighborhood.
What kind of soundproofing is there for the generator?
The wall would be concrete block with a brick veneer.
o
Is there enough land between the drive to the south and the proposed screen wall to add landscaping that
would soften the effect of the solid wall?
Yes, landscaping could be added in that area.
o
Is there any other way to break up the solid wall and match the continuity of the building?
The screen wall would have accent bands that match existing accents on the building.
o
Landscaping would soften the effect of the solid wall.
o
What are the dimensions of the screening wall?
Approximately 14’ by 40’.
o
GENERAL CONCERNS
Appearance of the wall
Noise from the emergency generator
SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official
meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the
general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly
encouraged to follow the case through the Planning and Zoning Commission and final action by City Council.
Case No. Attachment A
ZA10-008 Page 2
Case No. Attachment B
ZA10-008 Page 1
Case No. Attachment C
ZA10-008 Page 1
Case No. Attachment C
ZA10-008 Page 2
Case No. Attachment C
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EXISTING MIRON GROVE “S-P-2” CONCEPT PLAN
Case No. Attachment C
ZA10-008 Page 4
PROPOSED ELEVATIONS – BUILDING 6
Case No. Attachment C
ZA10-008 Page 5
ELEVATION RENDERINGS – BUILDING 6
Southeast Corner
Southwest Corner
Case No. Attachment C
ZA10-008 Page 6
PROPOSED SITE PLAN – BUILDING 6
Case No. Attachment C
ZA10-008 Page 7
INTERIOR FLOORPLAN – BUILDING 6 (REFERENCE ONLY)
Case No. Attachment C
ZA10-008 Page 8
Surrounding Property Owners
Miron Grove Office Park
SPO # Owner Zoning Land Use Acreage Response
1. Cambridge Gorbutt Mob Lp SP2 Office Commercial 12.44 NR
2. 1575 E Southlake Llc SP1 Office Commercial 1.44 NR
3. F
Miron, Gary A& Janice L C2 Office Commercial 0.54
4. Malik, Nalia & Shezad B1 Office Commercial 0.63 NR
5. Krause, Michael S Etux Rejana B1 Office Commercial 0.52 NR
6. U
Mullins & White Properties Inc B1 Office Commercial 0.77
7. Wetrich Realty Lp B1 Office Commercial 0.70 NR
8. Rocky Mountain Holdings Llc SP1 Office Commercial 1.00 NR
9. F
March Investments Lp B1 Office Commercial 0.74
10. Dallas Smsa Tower Holdings Lp B1 Office Commercial 0.98 NR
11. Southlake, City Of CS Public/Semi-Public 1.57 NR
12. Rcc Miron Office Ltd SP2 Office Commercial 4.76 NR
13. Jonanna Development Llc SP1 Office Commercial 1.10 NR
14. Bruton, Paul R & Doreen SP2 Office Commercial 1.02 NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Thirteen (13)
Responses Received:
Three (3) - Attached
Case No. Attachment D
ZA10-008 Page 1
Case No. Attachment E
ZA10-008 Page 1
Case No. Attachment E
ZA10-008 Page 2
Case No. Attachment E
ZA10-008 Page 3
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-500a
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 4R, BLOCK 1, MIRON SUBDIVISION, AND
BEING APPROXIMATELY 4.82 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED
SITE PLAN DISTRICT TO “S-P-2” GENERALIZED SITE PLAN DISTRICT
WITH “O-1” OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED
CONCEPT 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 “S-P-2” Generalized Site Plan
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
Case No. Attachment E
ZA10-008 Page 4
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 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
Case No. Attachment E
ZA10-008 Page 5
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 Lot 4R, Block 1, Miron Subdivision, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slide 3901, Plat Records, Tarrant County,
Texas, and being approximately 4.82 acres, and more fully and completely described in Exhibit
“A” from “S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District with
“O-1” Office District uses as depicted on the approved Concept Plan attached hereto and
incorporated herein as Exhibit “B”, and subject to the following specific conditions:
1. Approving the proposed permitted uses and development regulations to include all “O-1” Office
District uses and development regulations;
2. Approving the proposed development regulation that the required number of parking spaces shall
be 207 spaces, or equal to a 5% reduction in the required number of parking spaces;
3. Approving the proposed development regulation that carports shall be a permitted accessory use
as shown on the concept plan and approving the following modifications to the development
regulations specific to carports:
a. The roof design shall be a low pitch shed roof;
b. The maximum number of parking spaces under a carport shall be 10 spaces;
4. Subject to the applicant’s presentation and the handout presented at the meeting;
5. Noting that the articulation on site plan page A3 is the correct articulation;
6. Subject to the number of carports to be reduced from 41 to 25 and will be made of a trellis design
with no plywood decking;
7. Specifying that approval does not include approval of any signage;
8. Subject to the following comments from Concept Plan Review Summary No. 3, dated September
Case No. Attachment E
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27, 2006:
Staff calculates a
a. Verify the square footage calculation for the total impervious coverage.
square footage of 132,616 sq. ft. Impervious coverage includes all buildings, parking,
drive lanes, and sidewalks.
b. Correct the Tree Conservation Analysis plan to accurately identify which trees are planned
Refer to the Landscape Administrators
to be saved and which are planned to be removed.
comments.
Reserved for additional conditions of approval from Case ZA10-008 (Ordinance No. 480-500a)
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
ZA10-008 Page 7
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.
The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its
caption and penalty together with a notice setting out the time and place for a public hearing thereon at least
fifteen (15) days before the second reading of this ordinance, and if 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
Case No. Attachment E
ZA10-008 Page 8
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 6th day of April, 2010.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the __ day of ___, 2010.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
Case No. Attachment E
ZA10-008 Page 9
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment E
ZA10-008 Page 10
EXHIBIT “A”
Being Lot 4R, Block 1, Miron Subdivision, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Cabinet A, Slide 3901, Plat Records, Tarrant County, Texas, and being
approximately 4.82 acres.
Case No. Attachment E
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EXHIBIT “B”
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Proposed Car-ports
Proposed Car-ports
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CARPORT ELEVATIONS
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RESERVED FOR ADDITIONAL APPROVED EXHIBITS FROM CASE ZA10-008 (480-500a)
Case No. Attachment E
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