STAFF REPORT #8 - Shelby County, TN

MEMPHIS AND SHELBY COUNTY OFFICE OF PLANNING AND DEVELOPMENT

STAFF REPORT #8

CASE NUMBER: PD 15-316 L.U.C.B. MEETING: August 13, 2015

DEVELOPMENT NAME: Kirby Pines Estate Planned Development

LOCATION: 959 feet north of the intersection of Winchester and Kirby Parkway

OWNER: Kirby Road Development Trust

APPLICANT: Psalms, Inc.

REPRESENTATIVE: W.H. Porter Consultants

REQUEST: To expand the boundary of Kirby Pines Estate PD to permit office and open

space uses and to close a section of Kirby Rd (see companion case SAC 15-

616)

AREA: 7.27 Acres

EXISTING LAND USE & ZONING: Mostly vacant land in the CA zoning district. Majority of the

eastern portion of the subject tract is included in the Kirby

Run PUD and allows Office uses.

OFFICE OF PLANNING AND DEVELOPMENT RECOMMENDATION:

Approval with conditions

Staff Writer: Troy Frasier Email: [email protected]

CONCLUSIONS: The applicant is requesting to expand the boundary of the Kirby Pines Estates Planned Development to include

the parcels on the east side of Kirby Road and the all of the parcels of the Kirby Run PUD except for the parcel

containing the bank. The Kirby Run PUD already allows office uses and only adds an additional 1 acre of land

zoned Agriculture that is not already included in the Kirby Run PUD. The applicant is requesting office and

open space uses only and this reflects what is already permitted.

The proposal will dedicate 3.7 acres for Office use, 1.7 acres for a private tree lined drive from Kirby Parkway

to the Kirby Pines Retirement Community, 1.4 acres for open space and the remaining acreage will be set aside

to accommodate the proposed Kirby Road closure (see companion case SAC 15- 616). This proposed

amendment to the Planned Development is compatible with the surrounding land uses.

OPD has determined that this request meets the approval criteria of 9.6.9 of the Unified Development Code.

However, OPD is recommending rejection of the companion case SAC 15-616 (please refer to the staff report

of SAC 15-616 for explanation).

mailto:[email protected]

PD 15-316 Page 2

Staff Report August 13th, 2015

Area Map

PD 15-316 Page 3


Zoning Map

PD 15-316 Page 4


Land Use Map

PD 15-316 Page 5


Site Aerial

PD 15-316 Page 6


Proposed Site Plan

PD 15-316 Page 7


Site Plan on Aerial

PD 15-316 Page 8


CURRENT CONDITIONS

Looking at the subject site from Kirby Parkway

Looking north at the Split Oak and Kirby Parkway Intersection

PD 15-316 Page 9


Looking south at the Split Oak and Kirby Parkway Intersection

Looking north at the ivy Meadow and Kirby Parkway Intersection

PD 15-316 Page 10


Looking south at the ivy Meadow and Kirby Parkway Intersection

Proposed area of northern street closure and turn around area

PD 15-316 Page 11


Proposed area of southern street closure and turn around area

Current entrance and guard station into Kirby Pines Estates

PD 15-316 Page 12


STAFF ANALYSIS:

Site Description

The subject site consist of 7.27 acres of mostly vacant land in the CA (agriculture) district. The subject site

contains 101 feet of frontage along Kirby Parkway and approximately 498 feet of frontage along Kirby Road.

The subject site contains one single-family structure on the south west corner of the site.

Area Overview

The subject site is located between single-family and multi-family uses to the north and commercial uses to the

south along Winchester Road. Kirby Pines Retirement Community borders the subject site to the west and there

is a bank located east of the subject site.

Request

The applicant is requesting To expand the boundary of Kirby Pines Estate PD to permit office and open space

uses and to close a section of Kirby Rd (see companion case SAC 15-616).

Conclusion

OPD believes that the applicant’s request to expand the boundaries of Kirby Pines Estates Planned

Development to include the remaining undeveloped parcels of Kirby Run PUD plus an acre of land zoned

agriculture is a reasonable request. The uses requested match what was previously approved by the City

Council for the Kirby Run PUD. The only real change is another access road to Kirby Parkway and the

addition of open spaces.

The applicant is requesting a private tree lined road from Kirby Parkway to the Kirby Pines Retirement

Community. This private drive will give the retirement community and their guest direct access and a gateway

to Kirby Parkway. The Division of Engineering and OPD is in support of allowing a private drive access to

Kirby Parkway.

The proposed change in use from the previously approved Kirby Run PUD is the addition of open space. Open

space is the only allowed use along the northern boundary of the subject site which abuts single-family uses.

This designated open space and the required landscaping will provide a pleasant buffer between the proposed

office use and the existing single-family neighborhood to the north.

Lastly, this case has been file as a companion case of a Street and Alley Closure case (see SAC 15-616). The

applicant is proposing to close a section of Kirby Road and this is shown on the Concept Plan on page 6. OPD

is recommending rejection of the companion case SAC 15-616 but is in support of this Planned Development.

Please refer to the staff report for SAC 15-616 for an explanation of our recommendation.

OPD finds that this request meets the following approval criteria of Section 9.6.9 of the Unified Development

Code:

PD 15-316 Page 13


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.

OPD believes the above standards are met as long as they are approved with the recommended

conditions.

RECOMMENDATION: Approval with Conditions

OUTLINE PLAN CONDITIONS: (OPD’s suggested conditions are in bold)

KIRBY PINES ESTATES P.D. 2

ND AMENDMENT

Including the existing conditions for Kirby Pines Estates Planned Development plus the following:

PROPOSED ADDITIONAL OUTLINE PLAN CONDITIONS

I. USES PERMITTED

A. AREA 1 – Uses permitted, by right, shall be all the allowable uses as listed in the O-G, General Office

District, and shall be allowable by Administrative Site Plan Review.

B. AREA 2 – Uses permitted, by right, shall include common open space, passive recreation, and Kirby

Pines development security entrance.

C. AREA 3 – Uses permitted, by right, shall include common open space, passive recreation, and Kirby


PD 15-316 Page 14


D. AREA 4 – Uses permitted, by right, shall include common open space, passive recreation, and Kirby


E. AREA 5 – This area shall be dedicated to the City of Memphis for the use of a public right-of-way.

F. AREA 6 – This area shall be dedicated to the City of Memphis for the use of a public right-of-way.

G. AREA 7 - This area shall remain for the use of a public right-of-way.

II. BULK REGULATIONS

A. MAXIMUM DENSITY

1. AREA 1 – A maximum of 0.40 F.A.R. (Floor to Area Ratio ......................... 64,625 SF

B. MAXIMUM HEIGHT

1. AREA 1 – A maximum of 3 stories shall be allowed.

C. BUILDING SETBACKS

1. AREA 1 – All perimeter building setbacks shall be a minimum of 20 feet.

III. CIRCULATION, PARKING, AND ACCESS

A. AREAS 1 & 3 – All Private Drives shall be constructed in accordance with City of Memphis

Engineering standards.

B. Parking shall be in accordance with Memphis-Shelby County Unified Development Code.

IV. LANDSCAPE & LIGHTING

A. AREA 1 – A 10 foot Class II, Type B Buffer shall be required along the south and east boundaries, in

accordance with the Memphis-Shelby County Unified Development Code.

B. AREA 2 – A 10 foot Class II, Type B Buffer shall be required along the north line, while incorporating

any existing vegetation and fences, in accordance with the Memphis-Shelby County Unified

Development Code and will be installed before the completion of the private drive in Area 3.

C. All lighting shall be designed and installed in accordance with the Memphis-Shelby County Unified

Development Code.

D. Final landscaping plan is subject to OPD’s approval.

V. SIGNAGE

A. ALL AREAS – Signage shall be in accordance with the OG district of the Memphis-Shelby County

Unified Development Code.

B. AREA 1 – Non-permanent and/or portable signs shall not be permitted.

PD 15-316 Page 15


GENERAL INFORMATION

Planning District: Oakhaven

Zoning Atlas Page: 2045

Parcel ID: 093500 00132, 093500 00133 and 093500 00438

DEPARTMENTAL COMMENTS

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

City Engineer: City Engineer:

CITY ENGINEERING COMMENTS DATE: 7/14/2015

CASE: PD 15-316 NAME: Kirby Pines PD Amendment

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.

Curb Cuts/Access:

3. The developer’s engineer shall provide a traffic study to show the impacts of the realigned focal drive on

Kirby Parkway.

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

5. 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.

6. 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,

7. 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.

Drainage:

PD 15-316 Page 16


8. 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.

Site Plan Notes:

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

shall be shown on the final plats.

General Notes:

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

11. 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.

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

City Fire Division:

Re: SAC15-616: HICKORY HILL: closure of Kirby Road by Kirby Pines (companion case to PD 15-316).

Staff Planner: Troy Frasier

Mr. Frasier,

Section 503.4 of The International Fire Code 2009 Edition prohibits obstruction of Fire Apparatus Access

Roads. Kirby Road is a Fire Apparatus Access Road albeit a public road. The Fire Prevention Bureau of the

MFD is opposed to the closure of any road that violates required access, impedes first responders, or delays

emergency response.

Inspector Kevin L. Massey

Fire Prevention Bureau

Memphis Fire Department

901-636 5604

901-320-5425-Fax

City Real Estate: No comments received.

City/County Health Department: No comment.

County Board of Education: No comments received.

Construction Code Enforcement: No comments received.

Memphis Light, Gas and Water:

PD 15-316 Page 17


MLGW has reviewed the referenced application, and has no objection, subject to the following conditions:

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

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 will be allowed within any utility easements, without prior MLGW approval.

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 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 comply with the National Electric Safety Code (NESC) and

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

structures.

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.

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

determining 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.

Respectfully Submitted,

MEMPHIS LIGHT, GAS and WATER DIVISION

TOM WORD

Bell South / Millington Telephone: No comments received

Memphis Area Transit Authority (MATA):

OPD-Regional Services: No comments received.

OPD-Plans Development: No comments received.

Division of Park Services: No comments received.

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

PD 15-316 Page 18


Neighborhood Associations: No comments received.

Public Notice Information

A neighborhood meeting was held on July 22nd, 2015.

57 property owners and 4 council members were notified of the neighborhood meeting

The following elected officials and neighborhood associations were included in the mail out:

City Council Members:

Harold Collins

Joe Brown

Janis Fullilove

Myron Lowery

A public notice sign was posted at the entrance to the site on July 31st, 2015.

62 Land Use Control Board public notices were mailed out June 29, 2015 to the surrounding property

owners.

There are three letter of support.

PD 15-316 Page 19


Application

PD 15-316 Page 20


PD 15-316 Page 21


PD 15-316 Page 22


Letter of Intent

PD 15-316 Page 23


Letters of Support

PD 15-316 Page 24


PD 15-316 Page 25


PD 15-316 Page 26


Documents

STAFF REPORT #8 - Shelby County, TN