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HomeMy WebLinkAboutZ-3410-E Staff AnalysisJanuary 30, 1995 File No. Dwne r . Address: Description Zoned: Variance Re ested: Justification: Present Use of Property: Proposed Use of Property: Staff Resor : A. Engineering Issues: Z -3410-E Financial Center Corporation and J. D. McCracken 700 Hardin Road Part of Lots 21, 28 and 29, West Highland Subdivision C-3 From the height regulations of Section 36-301 to permit construction of a hotel with a building height of 60 feet. The Ordinance limits buildings to 35 feet in height in the C-3 district. The C-3 zoning district allows hotels as a "by -right" use but limits the height of buildings to 35 feet. This height restriction limits the development of the property for a hotel use. Vacant Six story, 153 room hotel Stormwater detention, grading and drainage plans must be submitted and approved prior to issuance of a building permit. An easement dedication for utilities and sidewalks is required. Dedicate right-of-way and improve Financial Center Parkway to Master Street Plan Standards. The driveway onto- Financial Center Parkway is to be right turn in and out only due to inadequate sight distance. B. Staff An4lysls: This proposed development was previously approved as a Planned Commercial Development application. This exact site plan was approved by the Planning Commission on September 6, 1994 and by the Board of Directors on October 4, 1994 as Hampton Inn Short -Form PCD. January 30, 1995 1 (Cont. A law suit -contesting the PCD approval was filed by a neighboring landowner against the City. In an effort to protect the sale and deliver title insurance, the owners of the proposed hotel site rezoned the western half of the former PCD site to C-2. The PCD was revoked and the eastern half of the site, where the hotel building itself is proposed to be located, reverted to C-3. A site plan for the hotel parking lot and a buffer area was approved on the C-2 zoned portion of the site. Now that the portion of the property to be occupied by the hotel building is again zoned C-3, it has a building height limitation of 35 feet. The developer wishes to construct the six story hotel building, as was previously approved by the Planning Commission and Board of Directors. In the vicinity of the proposed hotel site, on Financial Center Parkway and Hardin Road, are two three-story hotels, a five story office building and two four-story office buildings. The hotel building is located approximately 186 feet from the nearest residential property. within that 186 foot separation is the hotel parking lot and a 50± foot buffer area. Staff feels that the proposal is reasonable and supports the requested height variance. C. Staff Recommendation: Staff recommends approval of the requested height variance subject to compliance with the City Engineer's Comments. BOARD OF ADJUSTMENT: (JANUARY 30, 1995) Robert Schultz was present representing Financial Center Corporation. There were objectors present. Staff presented the item and a recommendation of approval subject to compliance with the City Engineer's Comments. Mr. Schultz addressed the Board. He stated that notices had been sent out based on the description of the entire hotel site, both the C-3 and C-2 zoned portions, although the height variance is only for the C-3 zoned portion of the property. Mr. Schultz stated that current litigation over the C-2 zoned portion could require the site plan to be reworked)to move the hotel parking lot to the C-3 zoned property south of the hotel. At any rate, the hotel will be built on the C-3 zoned property, fronting on Hardin Road, as shown. Mr. Schultz then presented a legal description of just the C-3 zoned portion of the proposed hotel site. Robert Brown, project engineer, then presented plans and a cross section of the proposed hotel. 2 January 30, 1995 Item No • 1 (Cont -.)-- As Mr. Brown was preparing his presentation, Treeca Dyer, Attorney representing the litigants in the suit over the C-2 zoned portion of the property, asked for and received a copy of the legal description of the C-3 zoned property. Chairman Borchert asked what the relationship was between the elevation of the top of the proposed hotel and the surface of the residential property adjacent to the west of the C-2 zoned property. Mr. Brown stated that the top of the building would be 48 feet above the elevation of the residential property which is located 186 feet west of the hotel building. Treeca Dyer then addressed the Board, representing the plaintiffs in the action against the City regarding the C-2 zoned portion of the hotel site. She stated that she was representing Floyd Boyd, Bob Boyd and Georgianna Henry and was not representing the Birchwood Neighborhood Association. Ms. Dyer presented a letter in opposition to the variance from Georgianna Henry, president of the Birchwood Neighborhood Association, on behalf of the neighborhood association. Mr. Dyer stated that the legal description submitted with the variance application was the same legal description submitted with the previous PCD application. This included the property which is now currently zoned C-2 as well as the C-3 zoned portion proposed for the hotel building. She stated that she wanted it made clear that the height variance was not to include the C-2 area. Mr. Schultz then stated he was submitting the legal description of the C-3 zoned portion of the property as an amendment to the variance. application. The description of the C-3 zoned portion had been extracted from the previous legal description which included both the C-2 and C-3 portions of property. In response to a question from Tom Rystrom, Ms. Dyer stated that she would not object to the height variance provided that the legal description, describing only the C-3 zoned portion of the property, would be entered into the record as the property on which the height variance is to be granted. A motion was made to approve the requested height variance subject to compliance with the City Engineer's Comments and subject to the variance only being approved for the C-3 zoned property described in the amended legal description submitted by Mr. Schultz. Richard Wood, of the Planning Staff, addressed the Board. He stated that any revision to the plan, such as moving the parking lot from the C-2 zoned property to the C-3 zoned property had not been reviewed by staff. Mr. Wood stated that although the hotel was not being moved, the relocation of the supporting elements, 3 January 30, 1995 No.. 1 (Cont. such as the parking lot, could have an effect on staff's recommendation. Mr. Schultz stated that it was his desire to develop the property utilizing the site plan submitted. If the C-2 property cannot be utilized, the parking lot will be moved to the C-3 zoned property. He stated that development of the parking lot will comply with all ordinance standards. Regardless of the location of the parking lot, the hotel will stay the same, as shown on the site plan. The question was called and a vote was taken. The vote was 6 ayes, 0 noes, 2 absent and 1 open position. 0 4