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HomeMy WebLinkAboutZ-4389 Staff AnalysisJanuary 21, 1985 Item No. 3 - Z-4389 Owner: Address: Description: Zoned: Variance Requested: JUSTIFICATION: Hooper Bond Fund III Limited Shackleford Drive (West Markham at Shackleford Road, northwest corner) Lot 7, Hooper Bond Addition "C-3" General Commercial From the height provisions of Section 7-103.3/C to permit construction of a 75 -foot office building (ordinance requires 35 feet) 1. The present zoning classification of "C-3" does not provide for high rise development of any nature. 2. The location of the tract is relatively remote and cannot be seen from West Markham or Shackleford Road. 3. Ozark National Life Insurance Company is a small but growing life insurance company owned and operated by Arkansans and needs all the exposure and recognition it can get. 4. First Commercial Bank must, of course, remain highly visible so it can be found by its customers. 5. The additional building height will result in additional land area for required parking, six drive-in lanes for bank customers and holding or stacking spaces for more than 24 cars. 6. We feel that this is the best location for a project which will be compatible with the existing development. Present Use of the Property: Proposed Use of the Property: Vacant Office Building January 21, 1985 Item No. 3 - Continued STAFF REPORT A. Engineering Issues As of this writing, no issues have been reported. B. Staff Analvsis The proposal is to construct a 6 -story office building on a tract of land at the northwest corner of the intersection of West Markham and Shackleford. This general location has a mix of various commercial uses and some office development with an office use abutting this property to the east. The primary office development in the area is occurring east of I-430 and to the south at I-630 and Shackleford where some mid -rise office construction has taken place. This particular piece of property is zoned "C-3" General Commercial, and the owner has expressed this as a justification for the variance. "C-3" classifictaion has a 35 -foot height limit, which does appear to create a hardship for office development on the lot. In both the "0-2" and "0-3" districts, the ordinance permits additional height to a maximum of 60 feet in "0-3" and 120 feet in "0-2" if the setbacks are increased proportionately. The "C-3" District does not have this provision and 35 feet is the maximum. The proposed Site Plan shows substantial setback, so some additional height could probably be gained in one of the office districts. The two existing office buildings in this development are only single story. Because of the site being higher than the other corners of the intersection, the proposed building will be very visible, but staff believes the impact should be minimal. The rear property line of the residential development to the north is approximately 380 feet from the building and is on higher ground. The proposed setbacks for buildings should help reduce any adverse effects on other developments in the immediate vicinity. Staff feels that the "C-3" classification does create a hardship and does support the variance with two conditions: (1) the utility easement and the existing tree line along the south property line not be disturbed and (2) a permanent prohibition on access to Markham. C. Staff Recommendation: Staff recommends approval of the height variance, subject to the conditions of the Staff Analysis. January 21, 1985 Item No. 3 - Continued BOARD OF ADJUSTMENT ACTION: The applicant was present and represented by Wes Lowder, an engineer with the Mehlburger firm. There were three objectors present. Mr. Lowder spoke and discussed some of the issues associated with the request. I.F. Jones of Ozark Life described the plans for the First Commercial Branch Bank and discussed the tree removal. He said that was done by a contractor doing site work on the entire tract. Mr. Jones also said that Ozark Life could only use the property with a 6 -story building. There was additional discussion about the site work and the street construction taking place. Mr. Jones then indicated that Ozark Life would be agreeable to planting additional trees and having the City approve a landscaping plan. George Williams of the Beverly Hills addition spoke in opposition to the request. He said that the existing traffic problems on Shackleford and Markham would get worse. He felt that the traffic problems should be solved prior to new development occurring in the area. Mr. Williams also said that the proposed height would decrease property values and other property owners in the neighborhood were strongly opposed to the request. Karen Murphy spoke briefly and voiced similar concerns. Mr. Lowder said the proposed building would be aproximately 30 to 35 feet higher than the Beverly Hills Addition, and he briefly discussed the traffic concerns. There was a long discussion about the height and costs of construction. The building would have approximately 70,000 square feet, 12,000 square feet per floor, and Ozark Life would occupy about 5,000 square feet. C.J. Cropper spoke for Ozark Life and discussed the traffic issue. He said that the congestion could be impacted more heavily by the permitted uses in the "C-3" district. At this point, Mr. Lowder presented a sketch of the proposed building. Mr. Williams spoke again and addressed the various points. A motion was made to approve the height variance with two conditions: (1) a permit prohibition on access to Markham and (2) staff review the landscaping plan prior to the building permit being issued. The vote: 4 ayes, 4 noes and 1 absent. The motion failed due to a lack of 5 affirmative votes and the variance was denied. January 21, 1985 Item No. 3 - Z-4389 Owner: Address: Description: Zoned: Variance Requested: JUSTIFICATION: Hooper Bond Fund III Limited Shackleford Drive (West Markham at Shackleford Road, northwest corner) Lot 7, Hooper Bond Addition "C-3" General Commercial From the height provisions of Section 7-103.3JC to permit construction of a 75 -foot office building (ordinance requires 35 feet) 1. The present zoning classification of "C-3" does not provide for high rise development of any nature. 2. The location of the tract is relatively remote and cannot be seen from West Markham or Shackleford Road. 3. Ozark National Life Insurance Company is a small but growing life insurance company owned and operated by Arkansans and needs all the exposure and recognition it can get. 4. First Commercial Bank must, of course, remain highly visible so it can be found by its customers. 5. The additional building height will result in additional land area for required parking, six drive-in lanes for bank customers and holding or stacking spaces for more than 24 cars. 6. We feel that this is the best location for a project which will be compatible with the existing development. Present Use of the Property: Vacant Proposed Use of the Property: Office Building January 21, 1985 Item No. 3 - Continued STAFF REPORT A. Engineering Issues As of this writing, no issues have been reported. B. Staff Analysis The proposal is to construct a 6 -story office building on a tract of land at the northwest corner of the intersection of West Markham and Shackleford. This general location has a mix of various commercial uses and some office development with an office use abutting this property to the east. The primary office development in the area is occurring east of I-430 and to the south at I-630 and Shackleford where some mid -rise office construction has taken place. This particular piece of property is zoned "C-3" General Commercial, and the owner has expressed this as a justification -for the variance. "C-3" classifictaion has a 35 -foot height limit, which does appear to create a hardship for office development on the lot. In both the "0-2" and "0-3" districts, the ordinance permits additional height to a maximum of 60 feet in "0-3" and 120 feet in "0-2" if the setbacks are increased proportionately. The "C-3" District does not have this provision and 35 feet is the maximum. The proposed Site Plan shows substantial setback, so some additional height could probably be gained in one of the office districts. The two existing office buildings in this development are only single story. Because of the site being higher than the other corners of the intersection, the proposed building will be very visible, but staff believes the impact should be minimal. The rear property line of the residential development to the north is approximately 380 feet from the building and is on higher ground. The proposed setbacks for buildings should help reduce any adverse effects on other developments in the immediate vicinity. Staff feels that the "C-3" classification does create a hardship and does support the variance with two conditions: (1) the utility easement and the existing tree Zine along the south property line not be disturbed and (2) a permanent prohibition on access to Markham. C. Staff Recommendation: Staff recommends approval of the height variance, subject to the conditions of the Staff Analysis. January 21, 1985 Item No. 3 - Continued BOARD OF ADJUSTMENT ACTION: The applicant was present and represented by Wes Lowder, an engineer with the Mehlburger firm. There were three objectors present. Mr. Lowder spoke and discussed some of the issues associated with the request. I.F. Jones of Ozark Life described the plans for the First Commercial Branch Bank and discussed the tree removal. He said that was done by a contractor doing site work on the entire tract. Mr. Jones also said that Ozark Life could only use the property with a 6 -story building. There was additional discussion about the site work and the street construction taking place. Mr. Jones then indicated that Ozark Life would be agreeable to planting additional trees and having the City approve a landscaping plan. George Williams of the Beverly Hills addition spoke in opposition to the request. He said that the existing traffic problems on Shackleford and Markham would get worse. He felt that the traffic problems should be solved prior to new development occurring in the area. Mr. Williams also said that the proposed height would decrease property values and other property owners in the neighborhood were strongly opposed to the request. Karen Murphy spoke briefly and voiced similar concerns. Mr. Lowder said the proposed building would be aproximately 30 to 35 feet higher than the Beverly Hills Addition, and he briefly discussed the traffic concerns. There was a long discussion about the height and costs of construction. The building would have approximately 70,000 square feet, 12,000 square feet per floor, and Ozark Life would occupy about 5,000 square feet. C.J. Cropper spoke for Ozark Life and discussed the traffic issue. He said that the congestion could be impacted more heavily by the permitted uses in the "C-3" district. At this point, Mr. Lowder presented a sketch of the proposed building. Mr. Williams spoke again and addressed the various points. A motion was made to approve the height variance with two conditions: (1) a permit prohibition on access to Markham and (2) staff review the landscaping plan prior to the building permit being issued. The vote: 4 ayes, 4 noes and 1 absent. The motion failed due to a lack of 5 affirmative votes and the variance was denied.