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HomeMy WebLinkAboutZ-8364-B Staff AnalysisJULY 30, 2012 ITEM NO.: 4 File No.: Z-8364-B Owner: Yogiji, Inc. Applicant: Raju Vyas Address: 10914 Kanis Road Description: North side of Kanis Road, west of Shackleford Road Zoned: C-3 Variance Requested: A variance is requested from the height provisions of Section 36- 301 to allow construction of a hotel building with increased height. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Proposed Use of Property: Hotel STAFF REPORT A. Public Works Issues: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to this street including 5-foot sidewalk. 3. Storm water detention applies to this property at time of building permit. 4. A 30 foot access easement shall be provided from the west property line at time of platting. 5. Applicant is responsible for the construction of half of a commercial street within the 30 foot access easement with sidewalk. At least 20 feet from back of curb to edge of asphalt must be provided. B. Landscape and Buffer Issues: Site plan must comply with the City's landscape and buffer ordinance requirements. All previous comments apply. JULY 30, 2012 ITEM NO.: 4 CON'T. The landscape ordinance requires a minimum of 8% of the paved areas be landscaped with interior islands of a least 7 Y2 feet in width and 150 square feet in area. These islands must be evenly distributed throughout the site. A controlled automatic irrigation system is required. Prior to the issuance of a building permit, it will be necessary to provide landscape plans stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. A sidewalk is being proposed along the northern perimeter of the site that encroaches into the required landscape and buffer strip; remove the sidewalk out of the nine foot wide (9') landscape strip. It appears the parking can easily be shifted to accommodate this sidewalk. C. Staff Analysis: The C-3 zoned property at 10914 Kanis Road contains a vacant single family residential structure within the south half of the property. The property is located on the north side of Kanis Road, approximately 400 feet west of Shackleford Road. A gravel driveway from Kanis Road serves as access to the property. There is a vacant metal garage structure located on the north side of the residential structure. Gravel parking is located in the rear yard area. The majority of the property is undeveloped and wooded. There is a narrow paved (no curb and gutter) roadway along the west property boundary which ends near the northwest corner of the property. The property slopes downward from front to back (south to north). The property is at a lower level than most of the surrounding properties. The applicant is proposing to redevelop the property and construct a new hotel facility, as noted on the attached site plan. The proposed hotel building will be located within the west half of the property, with parking on its east and south sides. A driveway at the southwest corner of the property will serve as access to the site. The hotel will consist of 76,083 square feet of building area on five (5) floors. It will contain 132 guest rooms. On May 24, 2010, the Board of Adjustment approved a height variance for this project. A building height of approximately 52 feet (4 floors) was approved. The applicant has since obtained a building permit for the hotel project. The applicant is back before the Board to request an amendment to the previously approved building height variance. The applicant has determined that an additional floor is needed for the proposed hotel building. Therefore, a five (5) story hotel development is proposed. The overall height of the hotel building is now proposed at approximately 61 feet ( as measured from the lowest finished floor to the main level between the eaves and ridge of he sloped roof). JULY 30, 2012 ITEM NO.: 4 (CON'T. Section 36-301(d) of the City's Zoning Ordinance allows a maximum building height of 35 feet for C-3 zoning. Therefore, the applicant is requesting a variance to allow the hotel building with an increased height of 61 feet. Upon review of the project, staff observed two (2) minor revisions which need to be made to the site plan. The proposed hotel use will require 145 parking spaces. The plan shows 141 spaces. There is ample area within the south portion of the property to add spaces. Also, a portion of a sidewalk is located within the landscape buffer along the north property line. The sidewalk needs to be removed from the buffer area. The applicant has been advised of the revisions and has indicated that they will be addressed. Staff is supportive of the requested building height variance. Staff views the request as reasonable. The proposed building height for the hotel structure will not be out of character with other sites in this general area along the Shackleford Road corridor, from Financial Centre Parkway south to Interstate 430. There are numerous buildings within this general area with heights of four (4) and five (5) stories or greater. The property immediately to the north is zoned 0-3, with building heights allowed up to 60 feet. The undeveloped property immediately to the west is zoned C-2 and allows building heights up to 45 feet. Additionally, as noted previously, the project basically sits at a lower elevation than most of the surrounding properties, especially to the east and south. Staff believes the proposed hotel building will be compatible with other existing buildings in this general area, and that the overall hotel development will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested building height variance, subject to compliance with the following conditions: 1. Compliance with the Public Works condition as noted in paragraph A. of the staff report. 2. Compliance with the Landscape and Buffer comments as noted in paragraph B. of the staff report, including removal of the sidewalk from the landscape buffer along the north property line. 3. A total of 145 parking spaces must be provided to serve the proposed hotel. BOARD OF ADJUSTMENT: (July 30, 2012) Raju Vyas was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of approval. JULY 30, 2012 ITEM NO.: 4 (CON'T Raju Vyas addressed the Board in support of the application. He explained that the property is 10 to 12 feet lower in elevation than the surrounding properties. He noted that retaining walls would be constructed as part of the development. Vice -Chairman Smith asked what has changed about the property since the previous approval for height variance. Mr. Vyas explained that the lower elevation of the property created the decision to add another building level. Vice -Chairman Smith asked what zonings allowed the proposed building height. Staff noted that UU and 0-2 zoning allowed building heights of over 60 feet. The issue was briefly discussed. Vice -Chairman Smith asked about changing the ordinance to allow greater building heights in C-3 zoning. Dana Carney, of the Planning staff, explained that every issue before the Board is unique and reviewed on a case -by -case basis. He explained the process for determining when an application goes to the Board of Adjustment or Planning Commission. The issue was discussed further. Vice -Chairman Smith noted that he did not support the application. Brad Wingfield explained that the increased height as proposed was questionable. Chairman Yates discussed the site's topography. Mr. Vyas noted that the lower areas of the site would be raised by only two (2) to three (3) feet. There was a motion to approve the application as recommended by staff. The motion failed by a vote of 2 ayes, 2 nays, 0 absent and 1 abstention (Mehta). There was a brief discussion related to the status of the application. Debra Weldon, City Attorney, noted that the application was denied based on the Board's procedures.