Z-3812-E Staff AnalysisJANUARY 31, 2005
ITEM NO.: 3
File No.: Z -3812-E
Owner: Chi Investments, LLC
Address: 10520 W. Markham Street
Description: Lot 1, Bixler Commercial Subdivision
Zoned: C-3
Variance Requested: Variances are requested from the height regulations of Section
36-301 and the buffer provisions of Section 36-522 in order to permit the construction of
a new hotel building.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Restaurant Building
Proposed Use of Property: Hotel
STAFF REPORT
A. Public Works Issues:
1. No comments, regarding building height variance.
2. With building permit: furnish survey showing existing right-of-way widths.
Dedicate right-of-way to Master Street Plan width as needed.
3. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy. Add sidewalk to Markham Center
Drive.
B. Landscape and Buffer Issues:
The plan submitted falls short of the 15 foot average buffer width
requirements along Markham Center Drive by 3 feet and along West
Markham Street by 2 feet. Also, it falls short of the 30 foot wide freeway
buffer requirements along 1-430. Areas set aside for landscaping meet with
Landscape Ordinance requirements with the exception of the 30 foot wide
landscape strip along 1-430. Variances from the Landscape Ordinance
requirements must be approved by the City Beautiful Commission.
An irrigation system to water landscaped areas will be required.
JANUARY 31, 2005
ITEM NO.: 3 ICON'
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.
On January 28, 2002 the Board of Adjustment granted, buiid..ing height, parking__
and buffer variances associated with a proposed hotel development. The
variances Have since expired. The approval included a 115 room hotel
building with a height of 90 feet.
The applicant is back before the Board of Adjustment requesting variances
associated with a different, smaller hotel development. The applicant is now
proposing a four (4) story hotel building with $11 -guest rooms. The building will
have a height of approximately 45 feet. The building will be located near the
center of the property, with parking/vehicular use 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.
The applicant is requesting three (3) variances in association with the planned
redevelopment of this property. The variances are the same as previously
approved, with the exception of a parking variance. The parking as proposed
meets the ordinance requirements for an 81 room hotel.
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 45 feet, measured from the elevation of the lowest
finished floor level to the mean level of the sloped roof line. 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 Qf 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.
r.
JANUARY 31, 2005
ITEM NO.: 3 (CON'T.)
The second variance requested is from the landscape buffer requirements of
Section 367522. The applicant is proposing street buffers along West
Markham Street and Markham Center Drive with minimum width of nine (9)
feet, and increased depths at the property corners. Section 36-522(b)(3)1.
requires Ia- ndscaping buffers along both of these streets with minimum average
widths of 15 feet. The average buffer widths along both of these streets falls
slightly below the minimum 15 foot average. 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 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 the southwest corner of the property. Staff also supports this buffer
variance. The difference in elevation of this property and 1-430 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 1-430. 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.
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JANUARY 31, 2005
ITEM NO.: 3 (CON'T.
BOARD OF ADJUSTMENT: (JANUARY 31, 2005)
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 4 ayes, 0 nays and 1 absent.
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