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Z-3812-D Staff AnalysisJanuary 28, 2002 ITEM NO.: 1 File No.. Owner: Address: Description: Zoned: Area: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: With Building Permit: Z -3812-D Chi Investments, LLC Northeast corner of West Markham Street and I-430 Part of Lot 1, Bixler Commercial Subdivision C-3 1.428 acres Variances are requested from the height regulations of Section 36-301, the parking regulations of Section 36-502 and the buffer provisions of Section 36-522 in order to permit the construction of a new hotel building. The applicant's justification is presented in an attached letter. Vacant restaurant building Hotel 1. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 4. Sidewalks shall be shown conforming to Sec. 31-175 and the "MSP". January 28, 2002 Item No.: 1 5. Stormwater detention ordinance applies to this property. B. Landscape and Buffer Issues: The plan submitted falls short of the 15 foot average buffer width requirements along Markham Center Dr. by 3 feet and along West Markham Street by 2 feet. Also, it falls short of the 30 foot wide freeway buffer requirement along I-430. Areas set aside for landscaping meet with Landscape Ordinance requirements with the exception of the 30 foot wide landscape strip along I-430. Variances from the Landscape Ordinance requirements must be approved by the City Beautiful Commission. C. Staff Analysis: The property at the northeast corner of West Markham Street and Interstate 430 is occupied by a vacant restaurant building and associated paved parking areas. There is a mixture of commercial and office uses in this immediate area. There are existing office uses across West Markham Street to the south, with hotel buildings to the north and additional offices to the northeast. A commercial strip center is located across Markham Center Drive to the east. Interstate 430 is located along the property's west boundary. The applicant is proposing to redevelop the property at the northeast corner of West Markham Street and Interstate 430 with a new hotel development. The applicant proposes to remove the existing vacant restaurant building and parking areas and construct a new 115 room hotel building and associated parking areas. The proposed hotel building will have eight (8) stories and a maximum height of 90 feet. The building will be located near the center of the property, with parking on all four sides. Access to the property is gained by way of an existing driveway from Markham Center Drive. This driveway is a shared access with the hotel property immediately to the north, with the shared access being utilized since the initial development of this property. January 28, 2002 Item No.: 1 The applicant is requesting four (4) variances in association with the planned redevelopment of the property. The first is a variance from the height regulations of Section 36-301 of the City's Zoning Ordinance. Section 36-301(d) of the ordinance allows a maximum height of 35 feet in C-3 zoning. The proposed hotel building will have a maximum height of 90 feet, measured from the elevation of the lowest finished floor level to the highest elevation point of ceiling of the top story. Staff is supportive of the height variance. There are a number of multi -story buildings in this general area. The adjacent 0-2 zoning to the north and south across West Markham Street allows a maximum height of 120 feet. The proposed height for - the hotel building will not be out of character with the area. Additionally, there is no adjacent residential property which could be negatively impacted by the building height. The second variance is a request to provide fewer parking spaces than the minimum number required by ordinance for the proposed hotel development. As noted previously, the hotel will have a total of 115 guest rooms. Section 36-502(b)(1)f. requires a minimum of 126 parking spaces for this proposed development. The site plan submitted by the applicant provides a total of 118 parking spaces. Staff is supportive of the parking variance. The applicant is only proposing a 6.5 percent reduction in the amount of required parking, which in staff's opinion is very minimal. The amount of parking proposed should be sufficient to serve the proposed hotel use. The third variance requested is from the landscape buffer requirements of Section 36-522. The applicant is proposing a buffer along West Markham Street with an average width of 13.3 feet and a buffer along Markham Center Drive with an average width of 11.5 feet. The minimum width of the buffer along either street is nine (9) feet. Section 36-522(b)(3)b.l. requires landscaping buffers along both of these streets with minimum average widths of 15 feet. Staff is also supportive of this variance request. The existing street buffers along West Markham Street and Markham Center Drive are approximately five (5) feet in width along the majority of these property lines. The street 3 January 28, 2002 Item No.: 1 landscape buffers proposed by the applicant are almost double that of the existing buffers. Staff feels that the street landscape buffers as proposed will not be out of character with other properties in this general area. The last variance request is also from the buffer requirements of Section 36-522. Section 36-522(a)(3) requires that street buffers along expressways be a minimum of thirty (30) feet in width. The applicant is proposing a minimum landscape buffer width along this west property line of nine (9) feet to over 25 feet at several points. Staff also supports this buffer variance. The difference in elevation of this property and I-430 is some 20 feet vertically, with an overpass at West Markham Street. Because of the relationship of this property to the interstate, staff feels that a 30 foot wide landscape buffer would serve no real purpose, and have very little visibility from I-430. The 30 foot buffer requirement along expressways is also a Landscape Ordinance requirement. Therefore, this specific variance will also have to be approved by the City Beautiful Commission. As noted above, staff is supportive of all of the requested variances. Staff feels that the variances as requested are minor in nature and will not be out of character with other commercial and office properties in this general area. Staff feels that the proposed hotel development will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the variances as requested subject to the following conditions: 1. The landscape buffer variance along the interstate (west) side of the property must also be approved by the City Beautiful Commission. 2. The applicant must provide documentation showing that there is a cross -access easement between this property and the property immediately to the north. 3. Compliance with the Public Works requirements as noted in paragraph A. of this report. 4 January 28, 2002 Item No.: 1 BOARD OF ADJUSTMENT: (JANUARY 28, 2002) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 5 ayes and 0 nays. 5