GENERAL INFORMATION - Shelby County, TN

Staff Writer: Dustin Shane E-mail: [email protected]

AGENDA ITEM: 11

CASE NUMBER: BOA 19-41 (City) B.O.A. MEETING: April 24, 2019

LOCATION: 657 South Highland Street, west side, +/-150 feet north of Spottswood Avenue and 3466

& 3470 Spottswood Avenue, north side, +/-183 feet west of South Highland Street

OWNER/APPLICANT: Highland Street Investments, LLC

REPRESENTATIVE: SR Consulting, LLC (Cindy Reaves)

REQUEST: Variances from Sub-Section 8.3.6D to allow building width greater than 75 feet, allow a front

setback greater than 7 feet, allow a parking setback abutting single-family of less than 10 feet, waive

transparency requirements for the ground floor, and allow ground floor height of less than 14 feet

and upper floor height of less than 11 feet; from Paragraph 8.3.10B(3) to allow trash collection

within 50 feet of residentially zoned property; from Paragraph 8.3.10E(3) to allow additional

parking to be asphalt pavement; from Sub-Section 4.5.5A to allow reduced parking stall widths;

from Item 4.5.5D(3)(a) to waive required interior parking islands; from Paragraph 4.5.5D(4) to

waive required terminal parking islands; from Item 4.5.5D(6)(a) to waive parking drive aisle

landscaping requirements; from Paragraph 4.9.7B(2) to allow a 32-square foot sign on a lot smaller

than 2.66 acres; and from Paragraph 4.9.7B(3) to allow a sign greater than 12 square feet to be

located within 50 feet of a residential district

AREA: +/-1.369 acres

EXISTING ZONING: Commercial Mixed Use–2 (CMU–2) and Residential Urban–3 (RU–3)

CONCLUSIONS

1. The subject property is restricted by deed from ever being developed as a restaurant.

2. Therefore, a residential use to support nearby commerical uses is a suitable alternative.

3. As a solely residential project, the proposal needs several variances from the design and bulk regulations of the

University District Overlay: building width, setback, transparency, floor height, trash collection location,

parking facility material, parking stall width, parking island and landscaping requirements, and sign area size

restrictions.

4. These variances are justified in light of the deed restriction, the constricted size of the lots, and the challenging

parking situation in the University District.

5. Small adjustments to the gate queuing configuration, vehicle turnaround area, curb cut and driveway location,

and trash collection screening are recommended.

6. In conclusion, the granting of these variances will not cause substantial detriment to the public good, nor will

it substantially impair the intent and purpose of an adopted plan or the Code, nor will it be injurious to the

neighborhood or the general welfare, and it will be in harmony with the purpose and intent of the development

code.

RECOMMENDATION:

Approval with Conditions

CONSISTENCY WITH MEMPHIS 3.0

Staff believes this proposal is consistent with Memphis 3.0. See further analysis on page 16 of this report.

mailto:[email protected]

Staff Report April 24, 2019

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GENERAL INFORMATION

Street Frontage: South Highland Street +/-158.09 linear feet

Spottswood Avenue +/-100.00 linear feet

Zoning Atlas Page: 2135 and 2140

Parcel ID: 045119 00014, 045119 00018 and 045119 00019

Existing Zoning: Commercial Mixed Use–2 (CMU–2) and Residential Urban–3 (RU–3)

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. A total of 68 notices were mailed on April 10, 2019.


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LOCATION MAP

Subject property located within the black circle, Messick-Buntyn neighborhood, University District

SUBJECT PROPERTY


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HIGHLAND AVENUE SUBDIVISION (1908)

Instrument #J8 1290

Instrument #U1 4577

Instrument #5399-362


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VICINITY MAP

Subject property highlighted in yellow


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AERIAL

Subject property outlined in yellow, imagery from March 14, 2018


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ZONING MAP

Subject property highlighted in yellow

Existing Zoning: Commercial Mixed Use–2 (CMU–2) and Residential Urban–3 (RU–3)

Surrounding Zoning

North: CMU–2

East: CMU–2 and BOA 10-25 (variances to frontage, blank wall and trash collection

requirements for Family Dollar)

South: CMU–2, CMU–1 and RU-3

West: RU–3

SUBJECT PROPERTY

R-6


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LAND USE MAP

Subject property indicated by a pink star and outlined in electric blue


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SITE PHOTOS

Looking west from Highland

Looking southwest from Highland

Looking northwest from Highland


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Looking north from Spottswood

Looking northwest from Spottswood

Aerial view looking north


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SURROUNDING AREA PHOTOS

Looking across Spottswood from the property

Looking west down Spottswood from the property

Looking north from Highland & Spottswood


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Looking across the street on Highland

Looking south from site down Highland


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SITE PLAN


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ORIGINAL SITE PLAN


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STAFF ANALYSIS

Request and Justification

The application, response to the variance criteria, and letters of intent have been added to this report.

The request entails variances from Sub-Section 8.3.6D to allow building width greater than 75 feet, allow a

front setback greater than 7 feet, allow a parking setback abutting single-family of less than 10 feet, waive

transparency requirements for the ground and upper floors, and allow ground floor height of less than 14 feet

and upper floor height of less than 11 feet; from Paragraph 8.3.10B(3) to allow trash collection within 50 feet of

residentially zoned property; from Paragraph 8.3.10E(3) to allow additional parking to be asphalt pavement;

from Sub-Section 4.5.5A to allow reduced parking stall widths; from Item 4.5.5D(3)(a) to waive required

interior parking islands; from Paragraph 4.5.5D(4) to waive required terminal parking islands; from Item

4.5.5D(6)(a) to waive parking drive aisle landscaping requirements; from Paragraph 4.9.7B(2) to allow a 32-

square foot sign on a lot smaller than 2.66 acres; and from Paragraph 4.9.7B(3) to allow a sign greater than 12

square feet to be located within 50 feet of a residential district.

Variance Criteria

Staff agrees the variance criteria as set out in the Unified Development Code Sub-Section 9.22.6A are met.

9.22.6 Findings of Fact

A(1) Unusual characteristics of the property. The property is unusual in that it exhibits at least one of

the following exceptional physical features as compared to other properties located in the same

zoning district: exceptional topographic conditions, exceptional narrowness, exceptional

shallowness, exceptional shape or any other extraordinary and exceptional situation or condition;

A(2) Practical difficulties or undue hardship. By reason of the unusual characteristics found to apply

in Paragraph 1, the strict application of any regulation found in this Code would result in peculiar

and exceptional practical difficulties to or exceptional or undue hardship upon the owner of such

property;

A(3) The unusual characteristic found to apply in Paragraph 1 is not the result from any deliberate

action by the owner;

A(4) That a variance from the strict application of this Code may be granted without substantial

detriment to the public good and without substantially impairing the intent and purpose of an

adopted plan and this Code;

A(5) The requested variance will be in harmony with the purpose and intent of this development code

and will not be injurious to the neighborhood or to the general welfare;

A(6) The variance is not granted simply because by granting the variance, the property could be utilized

more profitably or that the applicant would save money.

Site Description

The subject property consists of a +/-1.369-acre 3-parcel assemblage (045119 00014, 045119 00018 and 045119

00019) located at 657 South Highland Street and 3466 & 3470 Spottswood Avenue and known as parts of lots 3,

4, 5 and 26 of Prescott’s Highland Avenue Subdivision. Parcel 045119 00014 currently contains a derelict 4,050-

square foot former McDonald’s restaurant built in 1981, as well as a dumpster enclosure along the southern lot

line and a wooden privacy fence around the western half. Tree coverage skirts each lot line except along Highland.

Parcels 045119 00018 and 045119 00019 both feature Minimal Traditional-style residential homes built in 1937

and 1940, respectively. The houses are 1,797- and 1,210-square foot cottages, have paved drives, and feature tree

coverage in both the front and back yards. Sidewalks, curb, street lights, and overhead powerlines are in place

along both Spottswood and Highland. Highland features a grass strip between the sidewalk and road. The

surrounding land uses are a mix of multi-family residential, commericial, single-family residential, and

institutional.


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Site Plan Review

The assemblage of parcels is shaped like an upside-down letter “L.” In the easternmost extremity of the “L,” four

three-story buildings are planned. Of the two fronting Highland Street, one consists of 4 units and the other of 3.

The residential design of these buildings violates Sub-Section 8.3.6D’s transparency requirements for ground

floors (60%; the proposal features 18%) and its minimum ground floor and upper floor heights of 14 and 11 feet,

respectively (the proposal features 10-foot floor height). Behind them lie a pool and two more 4-unit buildings.

The buiding widths do not exceed +/-76 feet, but this violates Sub-Section 8.3.6D which restricts building width

to 75 feet. The buildings fronting Highland Street are set back 15 feet from the property line in violation of Sub-

Section 8.3.6D which allows a maximum setback of only 7 feet along “Shopfront” designated frontages in the

University District overlay. Trees are dispersed between the buildings and along an S-1 streetscape plate on

Highland. In the crook of the “L” is a parking lot and dumpster enclosure. This enclosure is 5 feet from

residentially zoned property in violation of Paragraph 8.3.10B(3), which stipulates it must be no closer than 50

feet. The parking lot itself is only 5 feet from an abutting single-family use in the southeast corner of the crook,

violating Sub-Section 8.3.6D which requires a minimum 10-foot setback in such cases. The parking lot features

1 parking space per bedroom, 0.5 more than the required 0.5 space per bedroom minimum. These spaces over

and above the 0.5 minimum are required to be of a pervious material type per Paragraph 8.3.10E(3), but the

applicant is proposing asphalt pavement for all parking facilities. Some of these parking stalls are less than the 9-

foot minimum of Sub-Section 4.5.5A (at 8.5 feet) but many meet the 9-foot standard for stalls situated at 90

degrees from their drive aisle. Interior islands (required for a parking lot of this size) are not included in violation

of Item 4.5.5D(3)(a) and neither are some of the required terminal parking islands, in violation of Paragraph

4.5.5D(4). Main parking drive aisle landscaping requirements are also not met per Item 4.5.5D(6)(a). Two more

buildings, these two-story, are in the southernmost extremity of the property fronting Spottswood. The one facing

the street contains 3 units and the one behind it 2 units. A monument sign, key pad, and gate are located +/-12,

+/-20, and +/-60 feet from the southern property line. The monument sign is proposed to be 32 square feet in area

in violation of Paragraph 4.9.7B(2), which requires signs of that size to be on lots with a minimum of 2.66 acres.

The sign further violates Paragraph 4.9.7B(3) because it is within 50 feet of a residential district (the neighboring

apartment building to the west). Trees fill in some of the spaces between elements, and a modified S-14 streetscape

plate is planned for Spottswood which utilizes the existing sidewalk in place.

Conclusions

Findings of fact 9.22.6A(1) and (3) are supported because the subject property is owned by McDonald’s

Corporation, who is requiring that a deed restriction be added to the property to restrict it from ever being

developed as a restaurant when the property is sold. This greatly limits the possible uses of the property, which is

currently subject to “Shopfront” bulk and design standards under the University District Overlay. These standards

are meant to mandate pedestrian-friendly commercial uses, such as restaurants. Since restaurant development on

the site is not an option, a residential use that can support the existing restaurants and businesses along Highland

is an appropriate alternative. As a solely residential use, however, the design and siting of such a project requires

several variances from the design and bulk standards in place. The applicant is seeking relief from these.

Privacy and safety being an issue in such developments, the applicant is asking for a more generous setback along

Highland and relief from the transparency requirements that are meant for ground-floor commercial uses, not

residential ones. The floor heights would also need to be less as residences require less clear height than

businesses. The buildings are longer than the 75-foot width maximum, but this extra length helps keep the street

wall defined (and it exceeds this limit by only one foot). The dumpster enclosure is only 5 feet from a residentially-

zoned property, but said property is multi-family and features its own trash collection locations in close proximity

to residential units. Plus, the limited space of the subject property precludes the dumpster from being situated

anywhere else more advantageous on the site. The parking lot itself is too close to a single-family home, but the

parking scarcity in the neighborhood combined with the limited lot size of the subject property justify the request


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for this variance. This parking scarcity also justifies the proposal to create extra spaces and to exclude such

features as interior and terminal islands and other space-consuming parking landscaping requirements. Allowing

the applicant to use asphalt for the extra spaces and to create smaller spaces for compact vehicles will also further

allow the proposal to not exacerbate the already challenging parking situation in the area. The applicant is

requesting the sign be 32 square feet in area because this will be the only sign on the premises (the Highland

frontage has no sign). The sign will be within 50 feet of the neighboring multifamily complex to the west, but

because of the setbacks and vegetation of this development, the sign will not pose a nuisance. A larger sign is

much more in character with a multifamily district such as this one than a single-family one.

In the gate access configuration, the key pad that operates the gate is located 20 feet from the southern lot line.

This key pad should be moved north to a position 40 feet from the southern lot line so as to provide adequate

vehicle queuing space (Sub-Section 4.4.8A requires residential projects with up to 150 units on connector streets

to provide a queuing space depth of 40 feet). There is also not sufficient space for vehicle turnaround for vehicles

not entering the gate: a minimum width of 42 feet is required for passenger cars to make a full turning motion,

and the throat of the proposed driveway is only +/-32 feet wide. Therefore, a space for vehicle turnaround should

be provided in front of the entrance gate. This may require the removal of some of the proposed trees or parking

spaces on this portion of the site.

The Type “C” curb cut proposed for Spottswood is illustrated as partially on the sidewalk in front of the

neighboring property to the west. In order to comply with ADA standards and the requirements of Sub-Section

4.4.4B, this curb cut (and the entire driveway) need to be shifted east so that there is a minimum of 3.5 feet of

level sidewalk before the pavement slopes down (A4 on the isometric below) to meet the driveway throat. This

will likely require reducing the width of the ingress drive aisle.

The dumpster enclosure, being only 5 feet from a residentially-zoned property, should include a screen a minimum

of 8 feet high composed of materials compatible with the primary structure per Item 8.3.10B(5)(b).

Finding of fact 9.22.6A(5) is supported because the present project furthers the goals of the small area plans

adopted for the University District. The Highland Street Master Plan of 2006 envisions dense development like

the current proposal for this portion of Highland, and the Memphis 3.0 Comprehensive Plan recommends

“accelerating” the recent trend toward a higher-density, walkable University neighborhood that will attract

students to the campus area and thus create the thriving, amenity-rich environment the University and the

neighborhood have both identified as desirable. This proposal goes a long way toward advancing all of those

goals.

Type “C” Curb Cut


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In conclusion, the granting of these variances will not cause substantial detriment to the public good, nor will it

substantially impair the intent and purpose of an adopted plan or the Code, nor will it be injurious to the

neighborhood or the general welfare, and it will be in harmony with the purpose and intent of the development

code.

RECOMMENDATION

Staff recommends approval with conditions.

Conditions:

1. Any change or deviation from the site plan upon the determination of the Planning Director shall be submitted

to the Board of Adjustment for review and approval or administrative review and approval by the Office of

Planning and Development.

2. The key pad for vehicular gate access shall be moved north to a point 40 feet from the southern property line

to allow for adequate vehicle queuing space.

3. A space for vehicle turnaround (such as a hammerhead, cul-de-sac, widened driveway, or equivalent) shall be

provided in front of the entrance gate.

4. The curb cut and driveway on Spottswood Avenue shall be shifted east so that a minimum of three and a half

(3.5) feet of level sidewalk is provided before the pavement slopes down to meet the driveway throat.

5. The dumpster enclosure shall include a screen a minimum of 8 feet high composed of materials compatible

with the primary structure.


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DEPARTMENTAL COMMENTS

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

City Engineer: 1. UDC Section 4.4.4 Location of Driveway Access Points: curb cut should be 20’ to the edge of throat from

the adjacent property line.

2. UDC Section 4.4.8 Guardhouses and Gates: Spotswood is classified as a Connector so 40’ is required for

queue space depth and a turnaround will need to be constructed so that cars may leave by forward motion.

City/County Fire Division: No comments received.

City Real Estate: No comments received.

City/County Health Department:

Water Quality Branch & Septic Tank Program:

• No comments.

Shelby County Schools: No comments received.

Construction Code Enforcement: No comments received.

Memphis Light, Gas and Water: MLGW has reviewed the referenced application, and has no objection, subject to the following conditions:

• The subject property is encumbered by an existing utility right of way easement, which may include overhead

and underground facilities. MLGW prohibits any development or improvements within the Easement.

• It is the responsibility of the owner/applicant to identify any utility easements, whether dedicated or

prescriptive (electric, gas, water, CATV, telephone, sewer, drainage, etc.), which may encumber the subject

property, including underground and overhead facilities.

• No permanent structures, development or improvements are allowed within any utility easements, without

prior MLGW written approval.

• It is the responsibility of the owner/applicant to comply with the National Electric Safety Code (NESC)

and maintain minimum horizontal/vertical clearances between existing overhead electric facilities and any

proposed structures.

• Underground Utility separation and clearance: The subject property is encumbered by existing utilities

which may include overhead and underground facilities. It is the responsibility of the owner/applicant to

maintain a minimum 3-foot (3') separation between any existing underground service lines or utilities and any

proposed permanent structure or facility. This separation is necessary to provide sufficient space for any

excavations to perform service, maintenance or replacement of existing utilities.

• It is the responsibility of the owner/applicant to pay the cost of any work performed by MLGW to install,

remove or relocate any facilities to accommodate the proposed development.

• It is the responsibility of the owner/applicant to contact TN-1-CALL @ 1.800.351.1111, before digging,

and to determine the location of any underground utilities including electric, gas, water, CATV, telephone, etc.

• It is the responsibility of the owner/applicant to comply with Memphis/Shelby County Zoning Ordinance -

Landscape and Screening Regulations.

• Street Trees are prohibited, subject to the review and approval of the landscape plan by MLGW Engineering.

It is the responsibility of the owner/applicant to submit a detailed landscape plan to MLGW Engineering.

• Landscaping is prohibited within any MLGW utility easement without prior MLGW approval.

• Street Names: It is the responsibility of the owner/applicant to contact MLGW–Address Assignment @

729-8628 and submit proposed street names for review and approval. Please use the following link to the

MLGW Land & Mapping website for Street Naming Guidelines and the Online Street Name Search:

http://www.mlgw.com/builders/landandmapping

• Fire Protection Water Services: It is the responsibility of the owner/applicant to contact MLGW - Water

Engineering @ 901-528-4720 to obtain fire protection/water flow information. If water main extensions and/or

https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.mlgw.com%2Fbuilders%2Flandandmapping&data=02%7C01%7CDustin.Shane%40memphistn.gov%7C85cbc8da1ff84684a28208d6b2faad9a%7C416475616537442396a9859e89f8919f%7C0%7C1%7C636893187063172003&sdata=JqPOBYeYf86lT%2Biyljh5hAiJr6kwQPenH5XRbpHbRXc%3D&reserved=0


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an increase in existing main sizes are needed to meet the minimum fire flow rate to serve the proposed

development, the owner/applicant will be responsible for the cost of these improvements.

o Please refer to MLGW Service Policy Manual – Water Main Extensions, Section 4.3 which is

available online at the following MLGW website:

o http://www.mlgw.com/images/content/files/pdf/ServicePolicyManual.pdf

• It is the responsibility of the owner/applicant to submit a detailed plan to MLGW Engineering for the

purposes of determining the impact on or conflict with any existing utilities, and the availability and capacity

of existing utility services to serve any proposed or future development(s). Application for utility service is

necessary before plats can be recorded.

o All residential developers must contact MLGW's Residential Engineer at Builder Services: (901) 729-

8675 to initiate the utility application process.

o All commercial developers must contact MLGW's Builder Services line at 729-8630 (select option 2) to

initiate the utility application process.

• It is the responsibility of the owner/applicant to pay the cost of any utility system improvements necessary

to serve the proposed development with electric, gas or water utilities.

https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.mlgw.com%2Fimages%2Fcontent%2Ffiles%2Fpdf%2FServicePolicyManual.pdf&data=02%7C01%7CDustin.Shane%40memphistn.gov%7C85cbc8da1ff84684a28208d6b2faad9a%7C416475616537442396a9859e89f8919f%7C0%7C1%7C636893187063182012&sdata=LGSyl1R4LuxsDHIkb3weemTU910hhUbVyKXJOpbsi5g%3D&reserved=0


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ORIGINAL APPLICATION


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LETTER OF INTENT


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LETTERS RECEIVED

No letters received at the time of completion of this report.

Documents

GENERAL INFORMATION - Shelby County, TN