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HomeMy WebLinkAboutZ-7088 Staff AnalysisSeptember 24, 2001 Item No.: 5 File No.: Z-7088 Owner: Vogel Enterprises Address: Near the southwest corner of Interstate 430 and Colonel Glenn Road Description: Lot 5 (unrecorded), I-430 - Colonel Glenn Commercial Subdivision Zoned: C-3 and C-4 Variance Requested: A variance is requested from the height regulations of Sections 36-301(d) and 36-302(d) to permit a new commercial building to exceed the 35 -foot maximum allowed height. Justification: The applicant's explanation is presented in an attached letter. Present Use of Property: Vacant, undeveloped lot Proposed Use of Property: Commercial Staff Report: A. Public Works Issues: With Building Permit: 1. Health Care Blvd. and Commercial Center Drive are classified on the Master Street Plan as commercial streets. Dedicate right-of-way to 30 feet from centerline. 2. Provide design of streets conforming to "MSP" (Master Street Plan). Construct one-half street improvements to these streets including 5 -foot sidewalks with planned development. 3. Driveways shall conform to Sec. 31-210 or Ordinance 18,031. Eliminate driveways that do not meet Ordinance requirements. September 24; 2001 Item No.: 5 (Cont. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 5. Grading permit will be required on this development. 6. Stormwater detention ordinance applies to this property. B. Landscape and Buffer Issues: Areas set aside for perimeter, interior and building landscaping meet with landscape ordinance requirements. However, a portion of the street buffer along Health Care Blvd. drops 6 feet below the minimum 20 -foot width allowed by the Zoning Ordinance. All landscaped areas will be required to be irrigated. Prior to a building permit being issued, a landscape plan stamped with the seal of a Registered Landscape Architect will be required. C. Staff Analysis: The proposed Lot 5, I-430 - Colonel Glenn Commercial Subdivision is zoned C-3 and C-4 and is currently undeveloped. The lot is approximately 14 acres in size. The applicant proposes to construct a new one-story commercial building on the property which will house a multi -screen movie theater. The proposed theater prototype building will have a maximum height of 51 feet - 6 inches. The maximum building height allowed in C-3 and C-4 zoning is 35 feet. Staff feels that the variance request is reasonable. The proposed commercial building is located on a 14 acre lot, with building setbacks which far exceed the minimum setbacks allowed in C-3 and C-4 zoning. Based on the size of the commercial lot and placement of the proposed commercial building, staff feels that the proposed building height will have no adverse impact on the surrounding lots. D. Staff Recommendation: Staff recommends approval of the height variance subject to compliance with the requirements as noted in paragraphs A and B of this report. The proposed commercial building will have a maximum overall height of 51 feet - 6 inches. �: September 24,' 2001 Item No.: 5 (Cont.) BOARD OF ADJUSTMENT: (SEPTEMBER 24, 2001) 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, 0 nays, and 0 absent. 3