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Item 6BCITY 01 SOUTHLAKE Department of Planning & Development Services STAFF REPORT November 28, 2012 CASE NO: ZAl2 -081 PROJECT: Zoning Change & Site Plan for Miron Grove Office Park EXECUTIVE SUMMARY: REQUEST DETAILS: ACTION NEEDED: ATTACHMENTS �"l Fill ;1;0•]►11r_To0 On behalf of Spine Team Texas, 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 concept /site plan of the existing "S -P -2" zoning regulations. The applicant is requesting to revise the existing "S -P -2" Generalized Site Plan District Concept /Site Plan to construct an approximately 528 square foot addition to Building 6 to be used for storage space and to expand the mechanical yard by approximately 75 square feet. No other changes to the "S -P -2" regulations or Concept /Site Plan are being proposed. 1) Conduct a public hearing 2) Consider 2nd reading approval of a zoning change and site plan (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint Presentation (D) Site Plan Review Summary No. 3, dated October 31, 2012 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480 -500b (G) Full Size Plans (City Council Members Only) Dennis Killough (817)748 -8072 Richard Schell (817)748 -8602 Case No. ZAl2 -081 BACKGROUND INFORMATION OWNERS: Miron Grove, LLC, RCC Miron Office, Ltd., Thorn Properties, LLC, Tesoriero Holdings, LLC, RPN Consulting, Inc. APPLICANT: Corgan Associates, Inc. PROPERTY SITUATION: 300 Miron Drive LEGAL DESCRIPTION: Lot 4R, Block 1, Miron Subdivision LAND USE CATEGORY: Office Commercial , gl]:I:7mikikfke7ki11►[ �oOAKe zlTA— n. � 1&J =— U l sIM'iC•Ii REQUESTED ZONING: "S -P -2" Generalized Site Plan District to allow an addition to Building 6 on the approved Concept /Site Plan for Miron Grove Office Park 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 "0-1 " 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). A zoning change and site plan (ZA10 -008) to allow "ambulatory surgical center /clinic (no overnight stay)" as a permitted use as well as to allow an additional short -term covered parking space (or "carport ") and screening wall to screen new generators and HVAC units was approved by City Council on April 20, 2010. SPIN MEETING: The SPIN representative for SPIN #8 did not recommend that a SPIN meeting be held for the proposed addition. PLANNING AND ZONING COMMISSION ACTION: October 18, 2012; Approved (6 -0) subject to Site Plan Review Summary No. 2 dated October 12, 2012 and noting the staff report of the same date. CITY COUNCIL ACTION: November 6, 2012; Approved on consent at first reading (6 -0). STAFF COMMENTS: Site Plan Review Summary No. 3 dated October 31, 2012 is attached. Case No. Attachment A ZAl2 -081 Page 1 Vicinity Map Miron Grove Office Park a ' E W E. Southlake Blvd. L 0 C 0 C O O N ZAl2 -081 Zoning Change and Site Plan 300 Miron Dr. I� N W E 0 220 440 880 S Feet Case No. Attachment B ZAl2 -081 Page 1 NARRATIVE OF PROPOSED REVISIONS Proposed Building Use Narrative Revised 9/17/12 Mixon Drive ##4 Building 6 on original Site Plan Submittal Spine Team Texas is excited about the success of our ambulatory surgery center on the Mixon Drive site. Due to the continued evolution of our medical practice, we need to add piped medical gases to our current ambulatory surgery center to meet the needs of the patients. The addition of medical gasses requires some additional equipment storage space wlucli will be located in a proposed small buildigng expansion of approximately 52$ SF and 75 SF expansion of the mechanical yard. We will continue to operate our medical practice in the medical office buulding on Southlake Blvd. In our ambulatory surgery center we perform epidural and cervical steroid injections for our patients and with this modification will also perform surgical cases. We will continue to have approximately 15 employees working in our center, and will treat an average of 20 patients per day. Patients will stay= at the center an average of 2 hours in order to have their procedure and adequately recover. We will typically operate the center from lam to 5:30 Monday through Friday. There will be no patients that stay overnight. There will be no ambulance traffic to the site. The original approved site plan identified building 6 as medical use and allocated parking for that use. The The proposed revised plan will not change the number of approved parking spaces because the spaces added are equipment storage and not occupied spaces. The expansion will be constructed of brick to match the existing facility. We will also construct a monument sign to serve all the condominiiun owners of the development. Case No. Attachment C ZAl2 -081 Page 1 PROPOSED SITE PLAN wnn weww.a I � I wo, u�'iQ.m'�''a n.•w - - - LEE �vM1rur "'°' BLOCK I QA ,,. w...� MIRON ADDITION 7 W 58953'0T'E 70031' CAB. A, SLIDE U I CCALLED 58952'79'E 200. 'J � 1272 eH DEL ! P12T.C.T" n 15-N �q r GM r v •.•�....rc.s LOT 2A, BLOCK 1 .wL oar eena. r e . ' F , C GORBUTT i ADDITION I w Q VOL 88 -205, Zd 0 hi PRT.C.T. ' V � 58551'11 144.84' •�. : I �.'.'.-.'. •.•.'.'. •- .•.- -T IL (CALLED 589.48'12'E 145909 ... �' n BLDG�B B' DG�3 • I D6T4 ' o s®00 n I .:. 3000 • k 41 .Y13 J�:::L ��. . LE 589. 53'73' Il lw �.'.: 3f 9� • L:':' m m r O y y a�oTlcra 24' 00MI'9 N ACGE85 EASEMENT nrir wmmexan�w q ��. q 1 -. al"RTAR) ELTA.51.16'45' 64.91' Case No. Attachment C ZAl2 -081 Page 2 all ■ / •• �• �. G n :C: ► te r 7,� • .' . RE ADDITIONAL PARKING - 24' 00MI'9 N ACGE85 EASEMENT nrir wmmexan�w q ��. q 1 -. al"RTAR) ELTA.51.16'45' 64.91' Case No. Attachment C ZAl2 -081 Page 2 SITE PLAN REVIEW SUMMARY Case No.: ZAl2 -081 Review No.: Three Project Name: Site Plan — Miron Grove Office Park Date of Review: 10/31/12 APPLICANT: Tina Larsen Corgan Associates, Inc. 401 N. Houston Dallas, TX 75202 Phone: (214) 748 -2000 E -mail: tina.larsen @corgan.com C��i�l�I�:A►�iFTi7: • • •I Spine Team Texas 1545 E. Southlake Blvd. Southlake, TX 76092 Phone: (817) 442 -9300 E -mail: mark.hood @spineteamtexas.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/26/12 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 RICHARD SCHELL AT (817) 748 -8602 OR DENNIS KILLOUGH AT (817) 748- 8072. Tree Conservation /Landscape Review Keith Martin Landscape Administrator Phone: (817) 748 -8229 E -mail: kmartin @ci.southlake.tx.us LANDSCAPE COMMENTS: The existing landscape is sufficient to meet the proposed building addition landscape requirements. Two required Red Bud trees missing in the landscape area south of Building 6 and Building 5 are shown on the Landscape plan. Please label the size of the two Red Bud trees. Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748 -8671 E -mail: Kclements @ci.southlake.tx.us General Comments: New addition must comply with Section 3006, Medical Gas Systems, of the 2009 International Fire Code. New addition must be fully sprinklered in accordance with NFPA 13, and equipped with fire alarm devices as per NFPA 72. Public Works /Engineering Review Steve Anderson, P.E. , CFM Case No. Attachment D ZAl2 -081 Page 1 Civil Engineer Phone: (817) 748 -8101 E -mail: sanderson0)ci. south lake.tx.us No comments. 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. All mechanical equipment must be screened of view right -of -ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. All lighting must comply with the Lighting Ordinance No. 693, as amended. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Denotes Informational Comment Case No. Attachment D ZAl2 -081 Page 2 Surrounding Property Owners Miron Grove Office Park 1 16 15 5 4 6 7 18 14 2 19 8 17 21 22 g 3 13 12 10 11 SPO # Owner Zoning Land Use Acreage Response 1. Cambridge 114 Inc SP2 Office Commercial 3.06 NR 2. Cambridge 114 Inc SP2 Office Commercial 5.08 NR 3. Cambridge 114 Inc SP2 Office Commercial 4.29 NR 4. 1575 E Southlake Llc SP1 Office Commercial 1.44 NR 5. Miron, Gary A& Janice L C2 Office Commercial 0.54 NR 6. Malik, Nalia & Shezad B1 Office Commercial 0.63 NR 7. Krause, Michael S Etux Rejana B1 Office Commercial 0.52 NR 8. Mullins & White Properties Inc B1 Office Commercial 0.77 NR 9. Wetrich Realty Lp B1 Office Commercial 0.70 NR 10. Rocky Mountain Holdings Llc SP1 Office Commercial 1.00 NR 11. March Investments Lp B1 Office Commercial 0.74 NR 12. Dallas Smsa Tower Holdings Lp B1 Office Commercial 0.98 NR 13. Southlake, City Of CS Public /Semi - Public 1.57 NR 14. Rcc Miron Office Ltd SP2 Office Commercial 2.72 NR 15. Pky Group Llc SP1 Office Commercial 1.10 NR 16. Bruton, Paul R & Doreen SP2 Office Commercial 1.02 NR 17. Rcc Miron Office Ltd SP2 Office Commercial 1.57 NR 18. Tesoriero Holdings Llc SP2 Office Commercial 0.08 NR 19. Rcc Miron Office Ltd SP2 Office Commercial 0.08 NR 20. Rpn Consulting Inc SP2 Office Commercial 0.08 NR 21. Miron Grove Llc SP2 Office Commercial 0.13 NR 22. Thorn Properties Llc SP2 Office Commercial 0.11 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Case No. Attachment E ZAl2 -081 Page 1 Notices Sent: Twenty -two (22) Responses Received: None (0) Case No. Attachment E ZAl2 -081 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -500b 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 WITH "0-1" OFFICE DISTRICT USES TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT AND SITE 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 Case No. Attachment F ZAl2 -081 Page 1 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 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, Case No. Attachment F ZAl2 -081 Page 2 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 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 and Site Plan attached hereto and incorporated herein as Exhibit "B ", and subject to the following specific conditions: 1. City Council motion at 1 St reading November 6, 2012; Approved on consent at first reading (6 -0). 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. Case No. Attachment F ZAl2 -081 Page 3 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. 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 Case No. Attachment F ZAl2 -081 Page 4 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 post 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 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 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 November, 2012. Case No. Attachment F ZAl2 -081 Page 5 FA F-Tv e ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 2012. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY U:119:6i ADOPTED: a99x01► 4 Case No. Attachment F ZAl2 -081 Page 6 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 F ZAl2 -081 Page 7 EXHIBIT "B" (Reserved for Approved Concept /Site Plan and Supporting Documents) Case No. Attachment F ZAl2 -081 Page 8