AGENDA ITEM: #7 CASE NUMBER: P.D. 17-02 L.U.C. B. MEETING

Staff Writer: John D. (Don) Jones E-mail: [email protected]

AGENDA ITEM: #7

CASE NUMBER: P.D. 17-02 L.U.C. B. MEETING: March 9, 2017

CASE NAME: Singleton/Austin Peay Planned Development (Revised)

LOCATION: West side of Austin Peay Highway; +/- 700’ north of the

intersection of Austin Peay Highway and Singleton Parkway

COUNCIL DISTRICT(S): District1; Super District 9-Positions 1, 2 & 3

OWNER/APPLICANT: Markle LTD

REPRESENTATIVE: Solomito Land Planning (Brenda Solomito-Basar)

REQUEST: Planned Development – Limited CMU-2 Uses

AREA: 9.61 Acres

EXISTING LAND USE & ZONING: Vacant land formerly included under Planned Development

P.D. 98-310CC

CONCLUSIONS

1. Staff finds that the purpose and intent for Planned Developments, as found in Chapter 4.10 of the

UDC, are met and that this P.D. as conditioned should provide an appropriate development pattern for

the area.

2. This conclusion is based on a review of the zoning and land use pattern of the area and a review of the

materials included with this application.

RECOMMENDATION

APPROVAL WITH CONDITIONS

Staff Report March 9, 2017

P.D. 17-02 Page 2

2

General Location

The subject property is located in the Raleigh area of Memphis, some 700+/- feet north of the

intersection of Austin Peay Highway and Singleton Parkway and opposite the Methodist North

Hospital.


P.D. 17-02 Page 3

3

Zoning and Land Use

Surrounding Land Use and Zoning

North: Vacant land in the Residential Urban -3 (RU-3) District.

South: A fast food restaurant, vacant land, automobile service, and pharmacy in the Commercial

Mixed Use -2 (CMU-2 District, Singleton Parkway C-P development

East: An entry drive and parking for Methodist Hospital North in the Methodist Hospital North

P.D. (P.D. 82-027) and a rehabilitation hospital in the Integra Planned Development, Phase

1, Area B, (P.D. 00316).

West: Vacant land in the Single Family Residential-10 (R-10) District.


P.D. 17-02 Page 4

4

Aerial –Existing Conditions


P.D. 17-02 Page 5

5

Site Plan/Concept Plan


P.D. 17-02 Page 6

6

Neighborhood Meeting

Thursday, February 23, 2017, 6:00 P.M. Pizza Hut 4030 Singleton Parkway

Public Notice

30 notices were mailed on February 24, 2017.

Two Public Notice Signs were posted February 23, 2017.


P.D. 17-02 Page 7

7

STAFF ANALYSIS:

Request:

The applicant, Markle Ltd, is requesting a Planned Development to establish a zoning entitlement of

Commercial Mixed Use-2 on a 9.43 acre tract that is currently zoned R-10. The applicant has

prepared a preliminary site plan or concept plan and a list of proposed conditions to govern the

development of the project.

The concept plan includes six lots which extend from Austin Peay Highway on the east to Singleton

Parkway on the west. For of the six lots abut either Austin Peay Highway or Single Parkway, the

remaining lots, Lots 3 and 4, will take access from a private drive that extends between to the two

public arterials.

The private drive is designed in a serpentine shape in order to line up with median cuts and drive

openings on the arterials and to maximize the area devoted to the individual lots. The drive will be

privately owned and maintained.

In addition to uses that are permitted by right in the Commercial Mixed Use-2 District; the P.D.

application requests a hotel or motel, Social Service Institution, Neighborhood Arts Center and a Bed

and Breakfast.

Justification:

In her letter of intent, the applicant’s representative indicates that a prior P.D. by the same name and

requesting similar uses was approved in 1998. That P.D. was approved by the legislative bodies and a

subsequent request for a time extension was also granted. Nevertheless, the P.D. entitlement lapsed.

The applicant’s letter of intent states that the purpose of the new P.D. is as follows:

Modifies the outline plan conditions to update the language to be consistent with the

Unified Development Code;

Modifies the conditions to accommodate specific users;

Proposes a specific plan of subdivision; and

Addresses minor contextual changes.

Review of Request

Uses Requested – Staff has worked with the applicant’s representative to further refine the list of

permitted uses and add a list of uses to be prohibited.

The application initially listed Social Service Institution as a permitted use. This category of uses

includes group shelters, soup kitchens and similar uses, (see Sub-section 2.9.3.H ). This requested


P.D. 17-02 Page 8

8

use has been replaced with “physical rehabilitation hospital or clinic.” Motels were moved from the

list of permitted uses to the list of prohibited uses. The list of additional permitted uses and uses that

are specifically excluded are found under Conditions I. A. and B.

Land Use and Zoning Pattern - Staff notes that the current zoning pattern surrounding the property

includes commercial zoning to the south and east and zoning for apartment development to the north.

The land to the west of the subject property, on the opposite side of Singleton Parkway, is zoned for

Single Family Residential (R-10) development. Thus, the current zoning of the site which is R-10

seems inappropriate for the site and inconsistent with the development pattern which has taken place

along the Austin Peay Corridor.

The development pattern along the Austin Peay Corridor moving north from the intersection with

Singleton Parkway includes a drug store, a convenience store with gasoline sales, a vacant building

that was a formerly used for the sale of All Terrain Vehicles, automobile service. Continuing north

and opposite the subject property on Austin Peay Highway is the entry and accessory parking for

Methodist Hospital North and a rehabilitation hospital operated by Health South.

Along Singleton Parkway the properties are vacant with the exception of a pizza restaurant that abuts

this subject property.

But even with that said, some accommodation for the existing residential zoning to the north and west

must be made.

Other considerations - Included in the conditions are provisions that call for an extra setback from the

north property line and from the public streets for any building that is 50 feet in height or more.

Staff has included provisions that limit the detached signage to one integrated sign along Austin Peay

and Singleton Parkway and to limit the attached signage for buildings along the Singleton Parkway

froantage as long as the land on the opposite side of Singleton Parkway is zoned single-family

residential.

Other conditions proposed by staff include the incorporation of existing mature trees in the screening

and streetscape plans or the use of an equivalent alternative found in the Tree Ordinance section of

the UDC. In the absence of building elevations, the recommended conditions include a requirement

for brick or materials that provide a similar appearance.

Conclusions

Staff finds that the purpose and intent found in Chapter 4.10 of the UDC are met and that this P.D. as

conditioned should provide an appropriate development pattern for the area.

RECOMMEDATION: APPROVAL WITH CONDITIONS


P.D. 17-02 Page 9

9

Outline Plan Conditions

Singleton/Austin Peay P.D. – Revised

P.D. 17-02

I. Uses Permitted:

A. Any use permitted by right in the CMU-2 District and the following additional

Uses:

1. A name-brand (Flag) Hotel may be permitted subject to site plan review by the

Memphis Shelby County Land Use Control Board and the Memphis City Council.

2. Physical rehabilitation hospital or clinic

3. Neighborhood Arts Center

4. Bed and breakfast

B. The following uses are not permitted:

1. Any use listed in the Use Chart of the UDC under the heading Group Living

2. Bar, Tavern, Cocktail Lounge, Nightclub

3. Animal Boarding – not to be confused with a Veterinary who may require

an animal to stay overnight or a pet that stays at the facility overnight.

4. Convenience Store with gasoline sales.

5. Farmer’s Market

6. Tattoo, palmist, psychic medium

7. Motel

8. Social Service Institution

9. Pawn Shop

10. Vapor Shop


P.D. 17-02 Page 10

10

II. Building Envelope Standards:

The standards contained in Section 3.10.2 for the CMU-2 District shall govern the

development of this site.

III. Additional Development Requirements

A. All buildings shall be composed of brick or of a material that has a brick-like

appearance subject to the review and approval of the OPD.

B. Stucco, effis, concrete block, and metal, except around the trim of windows or

doors, are not acceptable materials.

C. Any drive thru window or queening lane for a property that abuts Singleton Parkway

or Austin Peay Highway shall be screened through the use of landscaping or a wall.

D. All HVAC and utility equipment shall be screened from the view of the public streets

and the abutting properties through the use of walls, fencing, landscaping or in the

case of roof mounted HVAC, the use of an architectural element such as a parapet.

E. Building Height - Any building in excess of 50 feet in height shall observe the

following additional setback formula: Beginning at the rear setback line and the

setback line from Austin Peay Highway or Singleton Parkway, if applicable: 1 foot

of setback for every 1 foot of building height over 50 feet.

F. Refuse containers shall be screened from the view of any roadway and from abutting

property owners through the use of landscaping, fencing or walls.

G. One integrated center sign shall be permitted along the Austin Peay Highway and

Singleton Parkway road frontages as regulated by the CMU-2 District, except that

the height of the sign shall be limited to 10 feet and the sign area shall be limited to

100 square feet.

H. Detached and attached signs shall be regulated by tehCMU-2 District, except that no

attached signs shall be permitted on the building facades facing Singleton Parkway as

long as the property across Singleton Parkway is zoned Single Family Residential.

IV. Access, Circulation and Parking

A. Dedicate 80 feet from centerline of Austin Peay Highway and improve as a rural

cross-section with one additional southbound lane, shoulder and roadside ditch, and

improve with left stack lane for northbound turning.


P.D. 17-02 Page 11

11

B. The developer shall be responsible for modification of the median in Singleton

Parkway to provide for a 100 foot left turn land (southbound) with appropriate

taper.

C. The applicant is advised to inquire with the MPO, MATA, TDOT and any adjacent

railroad authority regarding any future projects that may impact this site.

D. This development is adjacent to _ SR-14 (Austin Peay) __project # 7 which runs

East of Old Covington Pike to SR-385 and is proposed for widening from 2 to 4

(divided). The applicant is advised that land from his/her parcel may be reserved or

dedicated to accommodate the future expanded R.O.W.

E. 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.

F. 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.

G. 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 for land

Development of the City of Memphis Division of Engineering Design and Policy

Review Manual.

H. Identify the drive as “Private”.

I. All private drives/rear service drives shall be constructed to meet pavement

requirements of the Unified Development Code, applicable City Standards, and

provide a minimum width of twenty-two feet (22').


P.D. 17-02 Page 12

12

J. Easements for sanitary sewers, drainage and other required services as indicated on

the final recorded plat may be located and utilized within private drives. The City

shall not be responsible for street repairs within the private drives, even though the

pavement and base may have to be removed to work on sewers or drainage. The

responsibility of repairing the private drives shall be that of the owners and/or

Property Owners' Association.

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

L. The location of the curb cuts for the private drive shall align with the existing median

opening on Singleton Parkway and with the Methodist North private drive entrance

on Austin Peay Hwy.

M. If signalization of either street and the private drive intersection is warranted, it shall

be provided at the developer’s expense.

cross-section with one additional southbound lane, shoulder and roadside ditch, and

improve with left stack lane for northbound turning.

V. Landscaping, Open Space and Lighting

A. Austin Peay frontage – Provide the Equivalent Alternative found in Section 6.1.6 of

the UDC labelled A-2.

B. Singleton Parkway frontage – Provide a S-10 Streetscape or a suitable equivalent to

the treatment provided by the Singleton Parkway C-P Plan, Phase 2.

C. Each buildable lot shall include a streetscape treatment consistent with Section

4.3.3 of the UDC and subject to the review and approval of the OPD.

D. North Property Line - Provide a Class III Buffer that incorporates existing material

or the B-4 Equivalent Alternative found in Section 6.1.6.

E. Any and all open space, including the private drive, shall be identified as C.O.S.

with a letter and number designation. All common open space shall be owned and

maintained by a Property Owner’s Association. Said association shall be created in

connection with the first final plat and the instrument number shall be identified on

the plat.

F. Parking and Loading shall be as regulated by Chapter 4.5 of the UDC, including

bicycle parking.

G. Landscaping associated with the designated parking shall be as required by Sub-

section 4.5.5.D.


P.D. 17-02 Page 13

13

H. A detailed lighting plan shall be submitted with each Final Plat demonstrating

conformance with Chapter 4.7. The requirements of this chapter shall apply to this

project.

VI. Drainage

A. Drainage improvements, including possible on-site detention, shall be provided

under a Standard Subdivision contract in accordance with Unified Development

Code and the Memphis and Shelby County Stormwater Management Manual.

B. Drainage data for assessment of on-site detention requirements shall be submitted

to the City Engineer.

C. All commons, open areas, lakes, drainage detention facilities, private streets,

private sewers and private drainage systems shall be owned and maintained by a

Property Owner's Association. A statement to this effect shall appear on the final

plat.

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

VII. The Land Use Control Board my modify the bulk, access, circulation, parking,

landscaping, loading, screening, signage, and other site improvements if equivalent

alternatives are presented; however, any adjacent owner property owner who is

dissatisfied with the modifications of the Land Use Control Board hereunder may, within

14 days of such action file a written appeal to the Planning Director, Memphis and Shelby

County Office of Planning and Development, to have such action reviewed by the

appropriate Governing Bodies.

VIII. No building permit shall be issued for the lots shown on the Outline Plan without having

first filed a Final Plat with the Office of Planning and Development. Said Final Plat shall

have been reviewed by the OPD and the appropriate department of Engineering and then

recorded with the Shelby County Registers Office. The grading and drainage, sewer, and

utility plan for each lot must be submitted to the appropriate department of engineering

during the site plan review process to ensure that lots are in compliance.

IX. A final plat shall be filled within five (5) years from the date of approval of the Outline

Plan by the appropriate Legislative Body. The Land Use Control Board may grant

extensions at the request of the applicant.


P.D. 17-02 Page 14

14

X. Any final plan should include the following:

A. The outline plan conditions

B. A standard subdivision contract as defined by the Subdivision Regulations.

C. The location and dimension of buildable areas, pedestrian and utility easements and

required landscaping and screening areas.

D. The content of all landscaping and screening to be provided.

E. The location and ownership, whether public or private, of any easement.

F. A statement conveying all common facilities and areas to a homeowners association or

other entity, for ownership and maintenance purposes.

G. The following note to be placed on the final plat of any development requiring on-site

stormwater detention facilities.

“Reserved for Storm Water Detention”. Shall not be used as a building site without

first obtaining written permission from the City or County Engineer, as applicable.

The storm water detention systems located in these areas, except for those parts

located in a public drainage easement, shall be owned and a maintenance by the

property owner and/or owner’s association. Such maintenance shall be performed so

as to ensure that the system operates in accordance with the approved plan located 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.


P.D. 17-02 Page 15

15

GENERAL INFORMATION

Zoning Atlas Page: 1645

Parcel ID: 087006 00010

Census Tract: 205.30

Zoning History:

A Planned Development – P.D. 98-310 – Single/Austin Peay P.D. was approved by the Memphis

City Council in May of 1998 and by the Shelby County Board of Commissioners in June of 1998. A

five year time extension was granted, but the P.D. entitlement lapsed.

DEPARTMENTAL COMMENTS

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

City Engineer:

CASE: PD 17-02 NAME: Singleton/Austin Peay PD

1. Standard Subdivision Contract as required in Section 5.5.5 of the Unified Development Code.

Sewers:

2. City sanitary sewers are available at developer's expense.

Roads:

3. Dedicate 80 feet from centerline of Austin Peay Highway and improve as a rural cross-section

with one additional southbound lane, shoulder and roadside ditch, and improve with left stack

lane for northbound turning.

4. The developer shall be responsible for modification of the median in Singleton Parkway to

provide for a 100 foot left turn land (southbound) with appropriate taper.

5. This development does not appear to be effected by a project that has been identified by

TDOT or the MPO on the LTRP to receive future improvements. However, the applicant is

advised to inquire with the MPO, MATA, TDOT and any adjacent railroad authority

regarding any future projects that may impact this site.


P.D. 17-02 Page 16

16

6. This development is adjacent to _ SR-14 (Austin Peay) __project # 7 which runs East of Old

Covington Pike to SR-385 and is proposed for widening from 2 to 4 (divided). The applicant

is advised that land from his/her parcel may be reserved or dedicated to accommodate the

future expanded R.O.W

Traffic Control Provisions

7. 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.

8. 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.

9. 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 for land Development of the City of Memphis Division of Engineering

Design and Policy Review Manual.

Private Drives:

10. Identify the drive as “Private”.

11. Set aside guest parking areas.

12. All private drives/rear service drives shall be constructed to meet pavement requirements of

the Unified Development Code, applicable City Standards, and provide a minimum width of

twenty-two feet (22').

13. Easements for sanitary sewers, drainage and other required services as indicated on the final

recorded plat may be located and utilized within private drives. The City shall not be

responsible for street repairs within the private drives, even though the pavement and base

may have to be removed to work on sewers or drainage. The responsibility of repairing the

private drives shall be that of the owners and/or Property Owners' Association.

Curb Cuts/Access:


P.D. 17-02 Page 17

17

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

15. The location of the curb cuts for the private drive shall align with the existing median opening

on Singleton Parkway and with the Methodist North private drive entrance on Austin Peay

Hwy.

Drainage:

16. 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 Drainage Design Manual.

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

Engineer.

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.

General Notes:

20. The width of all existing off-street sewer easements shall be widened to meet current city

standards.

21. All commons, open areas, lakes, drainage detention facilities, private streets, private sewers

and private drainage systems shall be owned and maintained by a Property Owner's

Association. A statement to this effect shall appear on the final plat.

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


P.D. 17-02 Page 18

18

City Fire Division: No comments received.

City Real Estate: No comments received.

City/County Health Department:

No comments by the Water Quality Branch & Septic Tank Program

Shelby County Schools: No comments received.

Construction Code Enforcement: No comments received.

Memphis Light, Gas and Water: No comments received.

Neighborhood Associations:

Raleigh Community Council No comments received

Application

Letter of Intent


P.D. 17-02 Page 19

19


P.D. 17-02 Page 20

20


P.D. 17-02 Page 21

21


P.D. 17-02 Page 22

22

Documents

AGENDA ITEM: #7 CASE NUMBER: P.D. 17-02 L.U.C. B. MEETING