AGENDA ITEM: CASE NUMBER: PD 21-27 L.U.C.B. MEETING ...

Staff Writer: Faria Urmy E-mail: [email protected]

AGENDA ITEM: 4

CASE NUMBER: PD 21-27 L.U.C.B. MEETING: September 09, 2021

DEVELOPMENT: Kirby Gate Business Campus Planned Development

LOCATION: 277’ north side of Kirby Gate Blvd; +/-285’ west of the centerline of Kirby Parkway

COUNCIL DISTRICT (s): District 2 – Super District 9 – Positions 1, 2, and 3

OWNER/APPLICANT: Wills & Wills, LP. /Clark, Greer, Latham& Assocs.

REPRESENTATIVE: Fisher Arnold Inc. – David Baker

REQUEST: Amend the P.D. to increase the land area included in Development Area C from 2.03 acres to 2.72 acres and increase the building footprint from 17,400 square feet to a maximum of 19,144 square feet.

AREA: P.D. = 27.33 acres, Area C = 2.72 acres

CONCLUSIONS 1. The applicant is requesting an expansion of Area C (commercial area) along with an expansion of building

footprint. 2. The requested application of extending the Area C to allow another retail use should be prohibited to provide a

transition from the commercial portion of this development and its residential neighbors to the north. 3. The applicant continues to push the boundary of Area C to the north, which will further reduce the area of Office

General (O-G) and the approval will also be an impediment in maintaining the original plan concept of transition from commercial to residential.

4. In addition, the proposed use as a potential 24-hour restaurant is one of the more extreme commercial land uses.

5. If approved, this request will provide justification from additional commercial encroachment north.

RECOMMENDATION

Rejection

CONSISTENCY WITH MEMPHIS 3.0

This proposal is not consistent with the Memphis 3.0 General Plan per the land use decision criteria. See further analysis on page 23-25 of this report.

Staff Report September 09, 2021 PD 21-27

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GENERAL INFORMATION Street Frontage: Kirby Parkway +/-285 linear feet Kirby Gate Boulevard +/-170 linear feet Zoning Atlas Page: 2245 Parcel ID: 081053 00088 Existing Zoning: P.D. 13-321 (O-G Uses/Acute Care) NEIGHBORHOOD MEETING The meeting was held at 5:30 PM on Monday, August 2, 2021, at Balmoral Baptist Church, 2676 Kirby Road. PUBLIC NOTICE In accordance with Sub-Section 9.3.4A of the Unified Development Code, a notice of public hearing is required to be mailed and signs posted. A total of 134 notices were mailed on July 28, 2021, and a total of 2 signs posted at the subject property. The sign affidavit has been added to this report.


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LOCATION MAP

Subject property located within the pink circle.

SUBJECT PROPERTY


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VICINITY MAP

Subject property outlined in yellow


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AERIAL OVERVIEW

Subject property outlined in yellow, imagery from July 22, 2021


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ZONING MAP

Subject property outlined in yellow Existing Zoning: P.D. 13-321 Surrounding Zoning North: Vacant land and office/warehouse uses in the Kirby Gate Business Campus Planned

Development (P.D. 09-315) East: Single-Family detached residential units, (Kirby Trace Subdivision), in the Single-Family

Residential (R-10) District South: Retail commercial uses in the Commercial Mixed Use -1 (CMU-1) and Floodplain (CMU-

1[FP]) Districts West: Acute care facility in the Kirby Gate Business Campus Planned Development (P.D. 13-321)


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ZONING MAP

A zoomed-out view of the zoning map surrounding the subject property. Subject property outlined in yellow.


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LAND USE MAP

Subject property outlined in electric blue indicated by a pink star


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SITE PHOTOS

View of the subject property from Kirby Road looking west

View of the northeast corner of the subject property from P.D. 09-315 looking southwest


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View of the Kirby Trace Cove across the street from subject property

View of the Kirby Trace Cove neighborhood across the street from subject property.


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OUTLINE PLAN (REVISED)


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CONCEPT PLAN


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PRELIMINARY LANDSCAPE PLAN


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ELEVATIONS


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SIGN RENDERING:


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SIGN LOCATION:


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PHOTOMETRIC PLAN:


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STAFF ANALYSIS Request The application, planned development general provisions, and letter of intent have been added to this report. The request is to amend Area C of the Planned Development by expanding the area from 2.03 acres, that serves the free-standing retail stores- AutoZone and Dollar Tree store, to 2.72 acres to accommodate a third, free-standing, retail restaurant. The materials submitted with the application indicate that the proposed new restaurant is a Waffle House. The size of the new restaurant will also necessitate a change in the conditions related to the building size. Area C was approved with a condition that limits the size of the retail store to a maximum of 7,400 square feet. Now the applicant is asking for increasing the building footprint from 17,400 square feet to a maximum of 19,144 square feet. Applicability Staff agrees the applicability standards and criteria as set out in Section 4.10.2 of the Unified Development Code are or will be met. 4.10.2 Applicability The governing bodies may, upon proper application, grant a special use permit for a planned development (see Chapter 9.6) for a tract of any size within the City or for tracts of at least three acres in unincorporated Shelby County to facilitate the use of flexible techniques of land development and site design, by providing relief from district requirements designed for conventional developments, and may establish standards and procedures for planned developments in order to obtain one or more of the following objectives:

A. Environmental design in the development of land that is of a higher quality than is possible under the regulations otherwise applicable to the property.

B. Diversification in the uses permitted and variation in the relationship of uses, structures, open space and height of structures in developments intended as cohesive, unified projects.

C. Functional and beneficial uses of open space areas. D. Preservation of natural features of a development site. E. Creation of a safe and desirable living environment for residential areas characterized by a unified

building and site development program. F. Rational and economic development in relation to public services. G. Efficient and effective traffic circulation, both within and adjacent to the development site, that supports

or enhances the approved transportation network. H. Creation of a variety of housing compatible with surrounding neighborhoods to provide a greater choice

of types of environment and living units. I. Revitalization of established commercial centers of integrated design to order to encourage the

rehabilitation of such centers in order to meet current market preferences. J. Provision in attractive and appropriate locations for business and manufacturing uses in well-designed

buildings and provision of opportunities for employment closer to residence with a reduction in travel time from home to work.

K. Consistency with the Memphis 3.0 General Plan.


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General Provisions Staff agrees the general provisions standards and criteria as set out in Section 4.10.3 of the Unified Development Code are or will be met. 4.10.3 General Provisions The governing bodies may grant a special use permit for a planned development which modifies the applicable district regulations and other regulations of this development code upon written findings and recommendations of the Land Use Control Board and the Planning Director which shall be forwarded pursuant to provisions contained in this Chapter.

A. The proposed development will not unduly injure or damage the use, value and enjoyment of surrounding property nor unduly hinder or prevent the development of surrounding property in accordance with the current development policies and plans of the City and County.

B. An approved water supply, community waste water treatment and disposal, and storm water drainage facilities that are adequate to serve the proposed development have been or will be provided concurrent with the development.

C. The location and arrangement of the structures, parking areas, walks, lighting and other service facilities shall be compatible with the surrounding land uses, and any part of the proposed development not used for structures, parking and loading areas or access way shall be landscaped or otherwise improved except where natural features are such as to justify preservation.

D. Any modification of the district standards that would otherwise be applicable to the site are warranted by the design of the outline plan and the amenities incorporated therein, and are not inconsistent with the public interest.

E. Homeowners’ associations or some other responsible party shall be required to maintain any and all common open space and/or common elements.

F. Lots of record are created with the recording of a planned development final plan. Commercial or Industrial Criteria Staff agrees the additional planned commercial or industrial development criteria as set out in Section 4.10.5 of the Unified Development Code are or will be met. 4.10.5 Planned Commercial or Industrial Developments Approval of a planned commercial or industrial development may be issued by the governing bodies for buildings or premises to be used for the retail sale of merchandise and services, parking areas, office buildings, hotels and motels and similar facilities ordinarily accepted as commercial center uses and those industrial uses which can be reasonably be expected to function in a compatible manner with the other permitted uses in the area. In addition to the applicable standards and criteria set forth in Section 4.10.3, planned commercial or industrial developments shall comply with the following standards:

A. Screening When commercial or industrial structures or uses in a planned commercial or industrial development abut a residential district or permitted residential buildings in the same development, screening may be required by the governing bodies.

B. Display of Merchandise All business, manufacturing and processing shall be conducted, and all merchandise and materials shall be displayed and stored, within a completely enclosed building or within an open area which is completely screened from the view of adjacent properties and public rights-of-way, provided,


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however, that when an automobile service station or gasoline sales are permitted in a planned commercial development, gasoline may be sold from pumps outside of a structure.

C. Accessibility The site shall be accessible from the proposed street network in the vicinity which will be adequate to carry the anticipated traffic of the proposed development. The streets and driveways on the site of the proposed development shall be adequate to serve the enterprises located in the proposed development.

D. Landscaping Landscaping shall be required to provide screening of objectionable views of uses and the reduction of noise. High-rise buildings shall be located within the development in such a way as to minimize any adverse impact on adjoining low-rise buildings.

Approval Criteria Staff agrees the approval criteria as set out in Section 9.6.9 of the Unified Development Code are being met. 9.6.9 Approval Criteria No special use permit or planned development shall be approved unless the following findings are made concerning the application:

A. The project will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety, and general welfare.

B. The project will be constructed, arranged and operated so as to be compatible with the immediate vicinity and not interfere with the development and use of adjacent property in accordance with the applicable district regulations.

C. The project will be served adequately by essential public facilities and services such as streets, parking, drainage, refuse disposal, fire protection and emergency services, water and sewers; or that the applicant will provide adequately for such services.

D. The project will not result in the destruction, loss or damage of any feature determined by the governing bodies to be of significant natural, scenic or historic importance.

E. The project complies with all additional standards imposed on it by any particular provisions authorizing such use.

F. The request will not adversely affect any plans to be considered (see Chapter 1.9), or violate the character of existing standards for development of the adjacent properties.

G. The governing bodies may impose conditions to minimize adverse effects on the neighborhood or on public facilities, and to insure compatibility of the proposed development with surrounding properties, uses, and the purpose and intent of this development code.

H. Any decision to deny a special use permit request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record, per the Telecommunications Act of 1996, 47 USC 332(c)(7)(B)(iii). The review body may not take into account any environmental or health concerns.

Site Description The subject property expansion area is +/-0.69 acres located at 277’ north side of Kirby Gate Blvd; +/-285’ west of the centerline of Kirby Parkway. The subject property is zoned as P.D. 13-321and the site is currently vacant. The existing Planned Development 09-315 (P.D. 09-315) is located at the north side of the subject


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property. The existing land use in the surrounding area is a mixture of commercial, office, single-family residential, and multifamily residential. Planned Development Concept and History

The original Kirby Gate Business Campus dates to 1985, P.D. 85-345. As staff has opined on several occasions since, the original plan was to create an office campus with limited commercial use. The conditions limited the commercial to a size that would provide service to the office residents primarily rather than to the public. The office use was seen as a buffer or transition from the more intensive commercial uses located at or near the intersection of Kirby Parkway and Quince Road and the residential uses that were established north of this property, see the Outline Plan graphic on page 6 above.

The first two phases were recorded in 2001, this is the row of one story office buildings located to the north of the property that abut residential. The next significant event was the amendment to this planned development which took place in 2009, P.D. 09-315. This amendment created an Area B which permitted an Outpatient Clinic, an Acute Care facility, and a skilled nursing center. Of the three, only the skilled nursing center was built. This facility is situated to the west of Area C.

The next significant change to the development conditions occurred in 2013, P.D. 13-321, which permitted the creation of Area C and allowed the first free standing commercial use and increased the building foot print from a maximum of 3,000 square feet to 3,600 square feet. The plan included two commercial bays of 1,800 square feet each, both with drive thru windows. The intended end user of that amendment, Dunkin Donuts did not complete the transaction. In October of 2016, an application to expand the footprint of the commercial building from 3,600 square feet of 7,400 square feet was reviewed and approved. That end user, Auto Zone, did complete the transaction and is now located at the northwest corner of Kirby Parkway and Kirby Gate Boulevard.

The next request was to amend Area C of the Planned Development by expanding the area from just

under one acre, 0.8, that serves the recently constructed Auto Zone store, to just over 2 acres to accommodate a second, free-standing, retail store. The materials submitted with the application indicate that the proposed new store is a Dollar Tree store. Area C was approved with conditions that limits the size of the retail store to a maximum of 17,400 square feet. That requirement fit with the size of the proposed Auto Zone store and was itself the subject of a Planned Amendment in 2017 which increased the size of a retail store from 7,400 square feet to 17,400 square feet. Review of Request:

Request for expansion of Area C: As a result of the approval of and eventual development of Area C for a retail development at the corner of Kirby Parkway and Kirby Gate Boulevard, the subject property is situated among retail commercial uses (AutoZone and Dollar Tree store) and vacant lot on the west side of Kirby Parkway. However, opposite to the subject property on the east side of Kirby Road is the Kirby Trace Cove neighborhood, whose boundary line is less than 150 feet from the property line of the proposed restaurant.


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Figure: Kirby Trace Cove neighborhood to the east of subject property.

Previous cases imposed limitation on size of Area C and the prohibition of freestanding commercial in

Area C, clearly indicate the staff’s and the developer’s desire to provide a transition in land uses from the retail commercial uses located near the intersection of Kirby Gate Blvd. and Kirby Parkway and the predominately residential uses along Kirby Parkway and north of P.D. 09-315.

Since the approval to create a new Area C and to approve a free standing commercial structure (case P.D. 13-321), the applicant continues to keep on pushing the boundary of Area C, which will further reduce the area of Office General (O-G). Although a major modification and a planned development had allowed commercial uses (AutoZone Store and Dollar Tree) at the hard corner of Kirby Parkway and Kirby Gate Boulevard, the further approval of the requested restaurant will be an impediment in maintaining the original plan concept of transition from commercial to residential. Additionally, there is a nursing home on the same lot where the applicant has proposed to build the 24 hours Waffle house. The amount of attraction, trash, and noise generated by the proposed use may prove detrimental to the health of the next-door nursing home residents.

While some commercial uses are permitted within the General Office designation, some elements of

the uses such as restaurants as are not considered to be helpful in making the transition from commercial to residential: See Use Standard 2.6.3F in the Unified Development Code for restaurants in a General Office District. Item 1 requires that the floor area of the restaurant cannot exceed 6,000 square feet. Item 5 requires that a restaurant use must be a minimum of 150 feet from a single-family residential measured from the property line of the restaurant to the nearest boundary line of the single-family residential district. Staff has received letters of opposition to this request. Some of the letters are particularly opposed to the hours of operation of the proposed use and the traffic congestions (especially traffic making wrong turns coming out of the right in/right out drive) it will add to Kirby Parkway. While others are focused on the amount of trash, noise, and criminal activity it will generate to the surrounding neighborhood. When notified about these issues, the applicant has replied to staff planner stating that, “Waffle House does not have any outdoor seating or drive thru facilities. Additionally, there is a very small percentage of take-out orders. Dining takes place in the restaurant on china/porcelain/glass plates and minimal carry out trash is generated. Waffle


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House will employ its own maintenance and grounds people to pick up debris and maintain the facilities.” Note that the applicant has agreed that they can modify the right in/right out drive to be more channelized and possibly increase the height of the island curb to prevent the left turn movement. However, the applicant did not provide any justification to the issue of criminal activity and amount of sound pollution it will probably cause for the surrounding neighborhood.

Therefore, the final decision of staff is if this use were to be permitted, it will provide justification for the balance of the undeveloped land along the Kirby Parkway frontage to be converted to retail commercial uses. So here again, the original plan concept of transition would not be achieved. If approved, the proposed building materials should be a high percentage of brick and that the landscaping shall be increased to screen the parking and service areas of the site because of the exposure of this property to Kirby Parkway. The hours of operation should also be defined to limit the issues of noise, crime, and trash.

Site Plan Review

• With respect to the site plan, staff has emphasized that at this time, if this application is approved and the project built, both the stretched end and long block wall facing Kirby Parkway and P.D. 09-315 (see page 13 for reference) are exposed. Staff recommends a robust landscape and screening plan to address the parking and service areas of this site.

• Regarding building elevations, staff believes that the Auto Zone building facades and Dollar Tree store which are all brick on all four sides has set the right tone for any buildings that follow. In response to a request from staff, the applicant’s representatives indicate the following materials will be used for the elevations:

South – facing AutoZone (exclusive of doors/windows) – Hanson Brick Carolina Collection to match

AutoZone and dollar Tree, Quick Brick Split Face, Lexan Facia, Standing Seam Metal Awning. East– facing Kirby Parkway (exclusive of doors/windows) –Lexan Facia, Standing Seam Metal Awning. Based on the statements above, staff agrees with the material types used for the South and East Elevations.

Consistency with Memphis 3.0 Land Use Designation (see page 86 for details): Primarily Single-Unit Neighborhood (NS) Based on the future land use the proposal IS NOT CONSISTENT with the Memphis 3.0 Comprehensive Plan. The following information about the land use designation can be found on pages 76 – 122: 1. FUTURE LAND USE PLANNING MAP


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Red polygon indicates the application sites on the Future Land Use Map.

2. Land use description & applicability:

Primarily Single-Unit Neighborhoods are located greater than a half mile outside of any anchor destination. These neighborhoods contain mostly detached, house scale residences, serving mostly single-family style living. This is considered the typical suburban community that is not as walkable or accessible from an anchor. “NS” Goals/Objectives: Preservation/maintenance of existing single-family housing stock and neighborhoods. “NS” Form & Location Characteristics: Primarily detached. House-scale buildings. Primarily residential. 1-3 stories. Beyond 1/2 mile from a Community Anchor. The applicant is seeking to expand the commercial area of the Kirby Gate Planned Development on the west side of Kirby, north of Kirby Gate with the intention of developing a Waffle House. The request does not meet the criterial of NS because the proposal will not serve as single-family houses and will serve as a retail restaurant. 3. Existing, Adjacent Land Use and Zoning

The subject site is surrounded by the following land uses: Commercial, Office, Single-Family and Multi-Family. The subject site is surrounded by the following zoning districts: CMU -1 and R-10. This requested land use is compatible with the adjacent land use because existing land uses surrounding the parcels is similar in nature


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to the requested use. 4. Degree of Change map

Red polygon denotes the proposed site in Degree of Change area. There is no Degree of Change.

5. Degree of Change Descriptions

N/A Based on the information provided, the proposal IS NOT CONSISTENT with the Memphis 3.0 Comprehensive Plan. Conclusions The applicant is requesting an expansion of Area C (commercial area) along with an expansion of building footprint. The requested application of extending the Area C to allow another retail use should be prohibited to provide a transition from the commercial portion of this development and its residential neighbors to the north. The applicant continues to push the boundary of Area C to the north, which will further reduce the area of Office General (O-G) and the approval will also be an impediment in maintaining the original plan concept of transition from commercial to residential. In addition, the proposed use as a potential 24-hour restaurant is one of the more extreme commercial land uses. If approved, this request will provide justification from additional commercial encroachment north.


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RECOMMENDATION Staff recommends rejection to the request. If Approved, the conditions shown in bold and underlined shall govern: Outline Plan Conditions – Revisions from the staff. See the original outline conditions from the applicant on page 42 Proposed language is indicated in bold & underlined, deletions are indicated in bold strikethrough. Kirby Gate Business Campus, 4th Amendment PD 13-321

I. Uses Permitted:

A. Area A - Any use permitted by right or administrative site plan review in the General Office (O-G) Use District with the following exceptions:

1. Commercial and service uses shall not exceed 3,000 square feet of floor area in any one building.

2. No freestanding commercial buildings shall be permitted.

B. Area B - Any use permitted by right or administrative site plan review in the General Office (O-G) District and the following additional uses and development restrictions:

1. Outpatient Center, Long Term Acute Care Facility, and Skilled Nursing Facility for Seniors (Age 55 and up) as shown on the Concept Plan submitted with the 2nd Amendment (PD 09-315), and

2. All construction traffic shall enter from Kirby Gate Boulevard.

3. All construction shall begin no earlier than 7 a.m., and shall end no later than 6 p.m.

4. No construction shall be permitted on Sundays.

C. Area C - A free standing retail building not to exceed 19,144 square feet at the location indicated on the Concept Plan and any uses permitted by right in the CMU-1 District with the following exceptions and clarifications:

1. Auto Service Station 2. Gasoline Sales 3. Service and repair 4. Motor Vehicle Sales 5. Motor Vehicle Service 6. Pawn Shop


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7. Outdoor Sales 8. Payday loans and title loan Establishments 9. Tattoo, Palmist, Psychic, 10. Self-storage (mini- or Medium warehouse) facilities 11. Recreation Fields with lights 12. Indoor Recreation 13. Convenience Store with gas pumps 14. Microbrewery or distillery 15. If developed as an Auto Parts Store, the installation of batteries and window

wipers shall be permitted in the parking lot adjacent to Kirby Gate Boulevard only, no other repair is permitted on this Site.

D. The area identified on the Outline Plan as “Floodway” shall be understood to be unbuildable until such time as FEMA issues a Letter of Map Amendment or Revision (LOMA or LOMR). At that time, the area included in the FEMA amendment shall be subject to the conditions of this P.D. and a Final Plat shall be required.

E. Any property located within the 100-year floodplain shall be subject to the regulations of the Floodplain (FP) District.

F. Applicant shall demonstrate that the remaining land in this P.D. which is outside of this development proposal meets the exempt criteria of the Subdivision Regulations or it shall be added to this development. If the former condition is met, requirements for connections to the west and north boundary lines may be removed.

II. Bulk Regulations: A. Area A and Area B shall comply with the bulk regulations of the General Office (O-G) Use District, except as follows:

1. The minimum building setback adjacent to the residential property to the north shall be seventy-six (76) feet. A determination of what constitutes adjacency will be made by the staff at the time of final plat review.

2. Maximum building height shall be forty-two (42) feet, or three (3) stories whichever is less, with the

following exception: the height of buildings located adjacent to the residential property to the north shall be limited to a maximum of one (1) story.

3. Setback from the west property line shall be 20 feet.

4. A 100-foot buffer yard along the west boundary of the Kirby Gate Subdivision shall be retained for the

retention and preservation of the existing trees.

5. The colors and materials used in the development of the Elderly Care Facilities shall be similar to or complimentary to those of the existing buildings in Phase 1 as judged by the Office of Planning and Development.


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B. Area C shall comply with the bulk regulations of the Commercial Mixed Use -1 District and the

following additional conditions.

1. All Construction activity shall not begin earlier than 7:30 a.m. and end no later than 5 p.m.

1. No construction activity shall be permitted on Sundays.

2. The Contractor shall water the site 2 times daily to minimize dust.

3. The Contractor shall establish paved work surface for construction activity once site grading has occurred.

5. Buildings shall contain a minimum of 50 percent brick all on four facades. Colors shall be complimentary to the other buildings in the Kirby Gate Business Campus P.D.

6. This restaurant shall close no later than 10 p.m.

7. Where building elevations are visible from the public right-of-way, staff shall have

the discretion to require building materials similar to surroundings.

III. Access, Circulation, and Parking: A. Kirby Parkway shall be dedicated and improved to 54 feet from the

centerline, in accordance with the alignment on file in the City Engineer's Office. A fee in lieu of improvement may be accepted if approved by the City Engineer.

B. Dedicate Kirby Gate Blvd. 42 feet from centerline and improve in accordance with Subdivision Regulations.

C. The centerline of Kirby Gate Blvd. shall be realigned to point 210 feet south of the centerline of the Howard Creek Outfall, or as approved by the City Engineer.

D. Dedicate 3 centered compound curves on Kirby Gate Blvd at each corner of intersection with Quince Road and Kirby Parkway.

E. A maximum of five (5) curb cuts onto Kirby Gate Blvd and two (2) curb

cuts onto Kirby Parkway shall be permitted.

F. Any existing nonconforming curb cuts shall be modified to meet current City Standards or closed with curb, gutter and sidewalk.


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G. Any curb cut along the Kirby Gate Blvd frontage beginning closer than 300

feet from the centerline of either Quince Road or Kirby Parkway will be limited to right in/right access only.

H. Any curb cut along either the Quince Road or Kirby Parkway frontage beginning closer than 300 feet from the centerline of Kirby Gate Blvd will be limited to right in/right access only.

I. The design and location of curb cuts are subject to the approval of the

City Engineer.

J. All private drives shall be constructed to meet or exceed City Standards and provide a minimum pavement width of 22 feet, exclusive of curb and gutter. Internal circulation between all phases of development shall be provided.

K. Provide internal circulation between adjacent phases, lots and sections.

Common ingress/egress easements shall be shown on the final plats.

L. No parking shall be permitted within the required setback from the existing residential property to the north.

M. Provide a point of access to the remaining portion of this Outline Plan

along the west and north boundaries of this P.D. amendment (PD 09-315).

N. The developer shall provide a traffic control plan to the City Engineer

that shows the phasing for each street frontage during demolition and construction of curb gutter and sidewalk. Upon completion of sidewalk and curb and gutter improvements, a minimum 5-foot wide pedestrian pathway shall be provided throughout the remainder of the project. In the event that the existing right-of-way width does not allow for a 5-foot clear pedestrian path, an exception may be considered.

O. Any closure of the right-of-way shall be time limited to the active demolition and construction of sidewalks and curb and gutter. Continuous unwarranted closure of the right-of-way shall not be allowed for the duration of the project. The developer shall provide on the traffic control plan, the time needed per phase to complete that portion of the work. Time limits will begin on the day of closure and will be monitored by the Engineering construction inspectors on the job.


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P. The developer's engineer shall submit a Trip Generation Report that documents the proposed land use, scope and anticipated traffic demand associated with the proposed development. A detailed Traffic Impact Study will be required when the accepted Trip Generation Report indicates that the number of projected trips meets or exceeds the criteria listed in Section 210 - Traffic Impact Policy of Land Development of the City of Memphis Division of Engineering Design and Policy Review Manual.

Q. maining portion of this Outline Plan along the west and north

boundaries of this P.D. amendment (PD 09-315).

R. The developer shall provide a traffic control plan to the City Engineer that shows the phasing for each street frontage during demolition and construction of curb gutter and sidewalk. Upon completion of sidewalk and curb and gutter improvements, a minimum 5-foot wide pedestrian pathway shall be provided throughout the remainder of the project. In the event that the existing right-of-way width does not allow for a 5-foot clear pedestrian path, an exception may be considered.

IV. Landscaping and screening:

A. The Kirby Road (Parkway) and Kirby Gate Blvd frontages shall be bermed and landscaped with Plate A-4 (modified to 20 feet wide).

B. A 30-foot wide landscape screen, (modified landscape Plate B-4) shall

be provided and maintained adjacent to the single-family residential property to the north to create visual separation between the office and residential areas.

C. Internal parking lot landscaping shall be provided at a minimum ratio of 300 square feet of landscaped area and one shade tree (Tree A from the approved plant list of the Landscape Ordinance) per every 20 parking spaces or fraction thereof. Required perimeter landscaping shall not be included when calculating internal landscaping. Specimen trees located within this parking area shall be preserved where feasible. The final plat shall reflect the proposed treatment of the landscaping berm at the curb cut to Kirby Road. The view into the parking area at the aforementioned curb cut shall include a landscaped island designed to limit the direct view into the parking area, and this treatment shall be illustrated on the final plat.

D. Equivalent landscaping may be substituted for that required above,


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subject to the approval of the Office of Planning and Development. Staff may use its discretion in requiring landscaping in addition to what is described above for properties that are visible from more than one public right-of-way.

E. Required landscaping shall not be placed on sewer or drainage easements.

F. Lighting shall be directed so as to not glare onto residential properties.

G. Refuse containers shall be completely screened from view from adjacent properties.

H. HVAC equipment shall be completely screened from view from adjacent properties through the use of landscaping, fencing, or architectural features such as a parapet. The method of screening shall be identified on the Final Plat.

V. Signs: A. Signs for Areas A and B shall be regulated by the General Office District with the following

additional requirements.

1. The maximum size for attached and detached signs shall be 100 square feet.

2. All detached signs shall be set back a minimum of 10 feet from the right-of-way of all public streets.

3. All detached signs shall be monument style signs with a maximum height of ten (10)

feet.

4. No detached signs shall be located nearer than 200 feet from the adjacent residential property located to the north.

5. No attached signs shall face the residential property to the north.

B. Signs for Area C shall be regulated by the CMU-1 District

1. One detached sign each shall be permitted along the Kirby Parkway and Kirby Gate Boulevard frontage.

a) A detached sign along Kirby Parkways shall be limited to a maximum of 100 square feet and 10 feet in

height. b) Detached signs shall be monument in style. c) Automatic changeable copy or LED signs shall be prohibited


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2. Attached signs shall be regulated by the CMU-1 District.

3. Applicant will provide staff with photometric analysis demonstrating that any light from the signs shall

not exceed 1 foot-candle at the east right-of-way line of Kirby Parkway. VI. Drainage:

A. Design and construction of the storm water conveyance and management facilities for this project shall be in accordance with the Subdivision Regulations and the “City of Memphis Drainage Design Manual.” Adequate non-buildable areas shall be provided on each final plan for required on-site storm water detention facilities as determined by drainage calculations performed in accordance with the Drainage Manual and approved by the City Engineer.

B. This project must be evaluated by the Tennessee Department of Health and Environment

regarding their jurisdiction over the watercourse on this site in accordance with the Water Quality Control Act of 1977 as amended (TA 63-3-101 et seq.).

C. All drainage plans shall be submitted to the City Engineer’s Office for review.

D. All drainage emanating on site shall be private. No easements will be accepted.

VII. The Land Use Control Board may modify the bulk, access, parking, landscaping, loading, screening, signage, and other site requirements if equivalent alternatives are presented; provided however, any adjacent property owner who is dissatisfied with the modifications of the Land Use Control Board hereunder may, within ten days of such action, file a written appeal to the director of the Office of Planning and Development, to have such action reviewed by the Appropriate Governing Bodies.

VIII. A final plan shall be filed within five years of the approval of the outline plan. The Land Use Control Board may grant extensions at the request of the applicant.

IX. Any final plan shall include the following:

A. The outline plan conditions. B. A standard subdivision contract as defined by the Subdivision Regulations for any needed

public improvements.

C. The exact location and dimension (including height) of all buildings, parking areas, utility easements, drives, curb cuts, trash receptacles, loading facilities, and required landscaping and screening areas.

D. The number of parking spaces.


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E. The 100- year flood elevation

F. The location and ownership, whether public or private of any easements.

G. If applicable, a statement conveying all common facilities and areas to a property owners' association or other entity for ownership and maintenance purposes.

H. The following note shall be placed on the final plat of any development requiring on-site storm

water detention facilities: The areas denoted by "Reserved for Storm Water Detention" shall not be used as a building site or filled without first obtaining written permission from the City Engineer. The storm water detention systems located in these areas, except for those parts located in a public drainage easement, shall be owned and maintained by the property owner and/or property owners' association. Such maintenance shall be performed so as to ensure that the system operates in accordance with the approved plan on file in the City Engineer's Office. Such maintenance shall include, but not be limited to: removal of sedimentation, fallen objects, debris and trash, mowing, outlet cleaning, and repair of drainage structures.

DEPARTMENTAL COMMENTS The following comments were provided by agencies to which this application was referred:

City/County Engineer:

1. Standard Subdivision Contract or Right-Of-Way Permit as required in Section 5.5.5 of the Unified Development Code.

Sewers:

2. City sanitary sewers are available to serve this development.

3. All sewer connections must be designed and installed by the developer. This service is no longer offered by the Public Works Division.

Roads:

4. The Developer shall be responsible for the repair and/or replacement of all existing curb and gutter along the frontage of this site as necessary.

5. All existing sidewalks and curb openings along the frontage of this site shall be inspected for ADA compliance. The developer shall be responsible for any reconstruction or repair necessary to meet City standards.

6. Replace curb cut on Kirby Gate with City of Memphis Standard Commercial Curb Cut.


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7. Install ADA compliant curb ramp at the corner of Kirby Gate and Kirby and install truncated domes in island located in right/right out curb cut on east side Kirby across from Kirby Trace.

Traffic Control Provisions:

8. The developer shall provide a traffic control plan to the city engineer that shows the phasing for each street frontage during demolition and construction of curb gutter and sidewalk. Upon completion of sidewalk and curb and gutter improvements, a minimum 5-foot-wide pedestrian pathway shall be provided throughout the remainder of the project. In the event that the existing right of way width does not allow for a 5-foot clear pedestrian path, an exception may be considered.

9. Any closure of the right of way shall be time limited to the active demolition and construction of sidewalks and curb and gutter. Continuous unwarranted closure of the right of way shall not be allowed for the duration of the project. The developer shall provide on the traffic control plan, the time needed per phase to complete that portion of the work. Time limits will begin on the day of closure and will be monitored by the Engineering construction inspectors on the job.

10. The developer’s engineer shall submit a Trip Generation Report that documents the proposed land use, scope and anticipated traffic demand associated with the proposed development. A detailed Traffic Impact Study will be required when the

accepted Trip Generation Report indicates that the number for projected trips meets or exceeds the criteria listed in Section 210-Traffic Impact Policy for Land Development of the City of Memphis Division of Engineering Design and Policy Review Manual. Any required Traffic Impact Study will need to be formally approved by the City of Memphis, Traffic Engineering Department.

Curb Cuts/Access:

11. The City Engineer shall approve the design, number and location of curb cuts.

12. Any existing nonconforming curb cuts shall be modified to meet current City Standards or closed with curb, gutter and sidewalk.

13. No additional curb cuts will be allowed.

Drainage:

14. A grading and drainage plan for the site shall be submitted to the City Engineer for review and approval prior to recording of the final plat.

15. Drainage improvements, including possible on-site detention, shall be provided under a Standard Subdivision contract in accordance with Unified Development Code and the City of Memphis/Shelby County Storm Water Management Manual.

16. Drainage data for assessment of on-site detention requirements shall be submitted to the City Engineer.


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17. The following note shall be placed on the final plat of any development requiring on-site storm water detention facilities: The areas denoted by "Reserved for Storm Water Detention" shall not be used as a building site or filled without first obtaining written permission from the City and/or County Engineer. The storm water detention systems located in these areas, except for those parts located in a public drainage easement, shall be owned and maintained by the property owner and/or property owners' association. Such maintenance shall be performed so as to ensure that the system operates in accordance with the approved plan on file in the City and/or County Engineer's Office. Such maintenance shall include, but not be limited to removal of sedimentation, fallen objects, debris and trash, mowing, outlet cleaning, and repair of drainage structures.

18. The developer should be aware of his obligation under 40 CFR 122.26(b)(14) and TCA 69-3-101 et. seq. to submit a Notice of Intent (NOI) to the Tennessee Division of Water Pollution Control to address the discharge of storm water associated with the clearing and grading activity on this site.

Site Plan Notes:

19. Provide internal circulation between adjacent phases, lots, and sections. Common ingress/egress easements shall be shown on the final plats.

City/County Fire Division:

All design and construction shall comply with the 2015 edition of the International Fire Code (as locally amended) and referenced standards.

1. Fire apparatus access shall comply with section 503. Where security gates are installed that affect required fire apparatus access roads, they shall comply with section 503.6 (as amended).

2. Fire protection water supplies (including fire hydrants) shall comply with section 507. 3. Where fire apparatus access roads or a water supply for fire protection are required to be installed,

such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided.

4. A detailed plans review will be conducted by the Memphis Fire Prevention Bureau upon receipt of complete construction documents. Plans shall be submitted to the Shelby County Office of Code Enforcement.

City Real Estate: No comments received. City/County Health Department: No comments received. Shelby County Schools: No comments received. Construction Code Enforcement: No comments received. Memphis Light, Gas and Water: No comments received.


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Office of Sustainability and Resilience: No comments received. Office of Comprehensive Planning: Comments received. See detail analysis at page 23-24.


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APPLICATION


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LETTER OF INTENT


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SIGN AFFIDAVIT


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OUTLINE PLAN CONDITIONS: Received from the applicant Kirby Gate Business Campus, 4th Amendment PD 13-321 A. Area A - Any use permitted by right or administrative site plan review in the General Office (O-G) Use District with the following exceptions:

3. Commercial and service uses shall not exceed 3,000 square feet of floor area in any one building.

2. No freestanding commercial buildings shall be permitted. B. Area B - Any use permitted by right or administrative site plan review in the General Office (O-G) District and the following additional uses and development restrictions:

2. Outpatient Center, Long Term Acute Care Facility, and Skilled Nursing Facility for Seniors (Age 55 and up) as shown on the Concept Plan submitted with the 2nd Amendment (PD 09-315), and

2. All construction traffic shall enter from Kirby Gate Boulevard.

3. All construction shall begin no earlier than 7 a.m., and shall end no later than 6 p.m.

4. No construction shall be permitted on Sundays.

C. Area C - A free standing retail building not to exceed 7,400 square feet at the location indicated on the Concept Plan and any uses permitted by right in the CMU-1 District with the following exceptions and clarifications:

1. Auto Service Station 2. Gasoline Sales 3. Service and repair 4. Motor Vehicle Sales 5. Motor Vehicle Service 6. Pawn Shop 7. Outdoor Sales 8. Payday loans and title loan Establishments 9. Tattoo, Palmist, Psychic, 10. Self-storage (mini- or Medium warehouse) facilities 11. Recreation Fields with lights 12. Indoor Recreation 13. Convenience Store with gas pumps 14. Microbrewery or distillery

15. If developed as an Auto Parts Store, the installation of batteries and window wipers shall be permitted in the parking lot adjacent to Kirby Gate Boulevard only, no other repair is permitted on this Site.

D. The area identified on the Outline Plan as “Floodway” shall be understood to be unbuildable until such time as FEMA issues a Letter of Map Amendment or Revision (LOMA or LOMR). At that time, the area included in the FEMA amendment shall be subject to the conditions of this P.D. and a Final Plat shall be required. E. Any property located within the 100-year floodplain shall be subject to the regulations of the Floodplain


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(FP) District. F. Applicant shall demonstrate that the remaining land in this P.D. which is outside of this development proposal meets the exempt criteria of the Subdivision Regulations or it shall be added to this development. If the former condition is met, requirements for connections to the west and north boundary lines may be removed. II. Bulk Regulations: A. Area A and Area B shall comply with the bulk regulations of the General Office (O-G) Use District, except as follows:

1. The minimum building setback adjacent to the residential property to the north shall be seventy-six (76) feet. A determination of what constitutes adjacency will be made by the staff at the time of final plat review.

2. Maximum building height shall be forty-two (42) feet, or three (3) stories whichever is less, with the

following exception: the height of buildings located adjacent to the residential property to the north shall be limited to a maximum of one (1) story.

3. Setback from the west property line shall be 20 feet.

4. A 100-foot buffer yard along the west boundary of the Kirby Gate Subdivision shall be retained for

the retention and preservation of the existing trees.

5. The colors and materials used in the development of the Elderly Care Facilities shall be similar to or complimentary to those of the existing buildings in Phase 1as judged by the Office of Planning and Development.

B. Area C shall comply with the bulk regulations of the Commercial Mixed Use -1 District and the

following additional conditions. 1. All Construction activity shall not begin earlier than 7:30 a.m. and end no later than 5 p.m.

2. No construction activity shall be permitted on Sundays.

3. The Contractor shall water the site 2 times daily to minimize dust.

4. The Contractor shall establish paved work surface for construction activity once site grading has

occurred. 5. Buildings shall contain a minimum of 50 percent brick all on four facades. Colors shall be

complimentary to the other buildings in the Kirby Gate Business Campus P.D.

6. This store shall close no later than 10 p.m.


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III. Access, Circulation, and Parking:

A. Kirby Parkway shall be dedicated and improved to 54 feet from the centerline, in accordance with the alignment on file in the City Engineer's Office. A fee in lieu of improvement may be accepted if approved by the City Engineer.

B. Dedicate Kirby Gate Blvd. 42 feet from centerline and improve in accordance with Subdivision

Regulations.

C. The centerline of Kirby Gate Blvd. shall be realigned to point 210 feet south of the centerline of the Howard Creek Outfall, or as approved by the City Engineer.

D. Dedicate 3 centered compound curves on Kirby Gate Blvd at each corner of intersection with Quince

Road and Kirby Parkway.

E. A maximum of five (5) curb cuts onto Kirby Gate Blvd and two (2) curb cuts onto Kirby Parkway shall be permitted.

F. Any existing nonconforming curb cuts shall be modified to meet current City Standards or closed with curb, gutter and sidewalk.

G. Any curb cut along the Kirby Gate Blvd frontage beginning closer than 300 feet from the centerline of

either Quince Road or Kirby Parkway will be limited to right in/right access only.

H. Any curb cut along either the Quince Road or Kirby Parkway frontage beginning closer than 300 feet from the centerline of Kirby Gate Blvd will be limited to right in/right access only.

I. The design and location of curb cuts are subject to the approval of the City Engineer.

J. All private drives shall be constructed to meet or exceed City Standards and provide a minimum

pavement width of 22 feet, exclusive of curb and gutter. Internal circulation between all phases of development shall be provided.

K. Provide internal circulation between adjacent phases, lots and sections. Common ingress/egress

easements shall be shown on the final plats.

L. No parking shall be permitted within the required setback from the existing residential property to the north.

M. Provide a point of access to the remaining portion of this Outline Plan along the west and north boundaries of this P.D. amendment (PD 09-315).

N. The developer shall provide a traffic control plan to the City Engineer that shows the phasing for

each street frontage during demolition and construction of curb gutter and sidewalk. Upon completion of sidewalk and curb and gutter improvements, a minimum 5-foot wide pedestrian pathway shall be provided throughout the remainder of the project. In the event that the existing


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right-of-way width does not allow for a 5-foot clear pedestrian path, an exception may be considered.

O. Any closure of the right-of-way shall be time limited to the active demolition and construction of

sidewalks and curb and gutter. Continuous unwarranted closure of the right-of-way shall not be allowed for the duration of the project. The developer shall provide on the traffic control plan, the time needed per phase to complete that portion of the work. Time limits will begin on the day of closure and will be monitored by the Engineering construction inspectors on the job.

P. The developer's engineer shall submit a Trip Generation Report that documents the proposed

land use, scope and anticipated traffic demand associated with the proposed development. A detailed Traffic Impact Study will be required when the accepted Trip Generation Report indicates that the number of projected trips meets or exceeds the criteria listed in Section 210 - Traffic Impact Policy of Land Development of the City of Memphis Division of Engineering Design and Policy Review Manual.

Q. Maining portion of this Outline Plan along the west and north boundaries of this P.D. amendment (PD

09-315).

R. The developer shall provide a traffic control plan to the City Engineer that shows the phasing for each street frontage during demolition and construction of curb gutter and sidewalk. Upon completion of sidewalk and curb and gutter improvements, a minimum 5-foot wide pedestrian pathway shall be provided throughout the remainder of the project. In the event that the existing right-of-way width does not allow for a 5-foot clear pedestrian path, an exception may be considered.

IV. Landscaping and screening:

A. The Kirby Road (Parkway) and Kirby Gate Blvd frontages shall be bermed and landscaped with Plate A-4 (modified to 20 feet wide).

B. A 30-foot wide landscape screen, (modified landscape Plate B-4) shall be provided and maintained

adjacent to the single-family residential property to the north to create visual separation between the office and residential areas.

C. Internal parking lot landscaping shall be provided at a minimum ratio of 300 square feet of landscaped area and one shade tree (Tree A from the approved plant list of the Landscape Ordinance) per every 20 parking spaces or fraction thereof. Required perimeter landscaping shall not be included when calculating internal landscaping. Specimen trees located within this parking area shall be preserved where feasible. The final plat shall reflect the proposed treatment of the landscaping berm at the curb cut to Kirby Road. The view into the parking area at the aforementioned curb cut shall include a landscaped island designed to limit the direct view into the parking area, and this treatment shall be illustrated on the final plat.

D. Equivalent landscaping may be substituted for that required above, subject to the approval of the Office

of Planning and Development.


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E. Required landscaping shall not be placed on sewer or drainage easements.

F. Lighting shall be directed so as to not glare onto residential properties. G. Refuse containers shall be completely screened from view from adjacent properties.

H. HVAC equipment shall be completely screened from view from adjacent properties through the use of

landscaping, fencing, or architectural features such as a parapet. The method of screening shall be identified on the Final Plat.

V. Signs: A. Signs for Areas A and B shall be regulated by the General Office District with the following

additional requirements.

1. The maximum size for attached and detached signs shall be 100 square feet.

2. All detached signs shall be set back a minimum of 10 feet from the right-of-way of all public streets.

3. All detached signs shall be monument style signs with a maximum height of ten (10)

feet.

4. No detached signs shall be located nearer than 200 feet from the adjacent residential property located to the north.

5. No attached signs shall face the residential property to the north.

B. Signs for Area C shall be regulated by the CMU-1 District

1. One detached sign each shall be permitted along the Kirby Parkway and Kirby Gate Boulevard

frontage. a) A detached sign along Kirby Parkways shall be limited to a maximum of 100 square feet and

10 feet in height. b) Detached signs shall be monument in style. c) Automatic changeable copy or LED signs shall be prohibited

2. Attached signs shall be regulated by the CMU-1 District.

3. Applicant will provide staff with photometric analysis demonstrating that any light from the

signs shall not exceed 1 foot-candle at the east right-of-way line of Kirby Parkway. VI. Drainage:

A. Design and construction of the storm water conveyance and management facilities for this project shall be in accordance with the Subdivision Regulations and the “City of Memphis Drainage Design Manual.” Adequate non-buildable areas shall be provided on each final plan for required on-site storm water


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detention facilities as determined by drainage calculations performed in accordance with the Drainage Manual and approved by the City Engineer.

B. This project must be evaluated by the Tennessee Department of Health and Environment regarding them C. All drainage emanating on site shall be private. No easements will be accepted.

VII. The Land Use Control Board may modify the bulk, access, parking, landscaping, loading, screening, signage, and other site requirements if equivalent alternatives are presented; provided however, any adjacent property owner who is dissatisfied with the modifications of the Land Use Control Board hereunder may, within ten days of such action, file a written appeal to the director of the Office of Planning and Development, to have such action reviewed by the Appropriate Governing Bodies.

VIII. A final plan shall be filed within five years of the approval of the outline plan. The Land Use Control Board may grant extensions at the request of the applicant. IX. Any final plan shall include the following:

A. The outline plan conditions.

B. A standard subdivision contract as defined by the Subdivision Regulations for any needed public improvements.

C. The exact location and dimension (including height) of all buildings, parking areas, utility easements,

drives, curb cuts, trash receptacles, loading facilities, and required landscaping and screening areas.

D. The number of parking spaces.

E. The 100- year flood elevation

F. The location and ownership, whether public or private of any easements.

G. If applicable, a statement conveying all common facilities and areas to a property owners' association or other entity for ownership and maintenance purposes.

H. The following note shall be placed on the final plat of any development requiring on-site storm water

detention facilities: The areas denoted by "Reserved for Storm Water Detention" shall not be used as a building site or filled without first obtaining written permission from the City Engineer. The storm water detention systems located in these areas, except for those parts located in a public drainage easement, shall be owned and maintained by the property owner and/or property owners' association. Such maintenance shall be performed so as to ensure that the system operates in accordance with the approved plan on file in the City Engineer's Office. Such maintenance shall include, but not be limited to: removal of sedimentation, fallen objects, debris and trash, mowing, outlet cleaning, and repair of drainage structures.


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LETTERS RECEIVED Six letters of opposition were received at the time of completion of this report and have subsequently been attached.


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AGENDA ITEM: CASE NUMBER: PD 21-27 L.U.C.B. MEETING ...

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Transcript of AGENDA ITEM: CASE NUMBER: PD 21-27 L.U.C.B. MEETING ...