STAFF REPORT #8

MEMPHIS AND SHELBY COUNTY OFFICE OF PLANNING AND DEVELOPMENT

STAFF REPORT #8

CASE NUMBER: PD 14-314 L.U.C.B. MEETING: October 9th

, 2014

DEVELOPMENT NAME: GERMANTOWN-FORTY PLANNED DEVELOPMENT

LOCATION: 2246 N. Germantown Parkway

East side of N. Germantown Parkway; +/-337.78 feet north of Bellevue

Parkway

OWNER OF RECORD: GATA LLC & FTBD Investments LLC

APPLICANT: Raj Patel

REPRESENTATIVE: Prime Development Group, Inc.

REQUEST: Planned development to permit Commercial Mix Use-2(CMU-2) District uses

within the Outline Plan.

AREA: 1.15 Acres

EXISTING LAND USE & ZONING: Vacant lot in the Residential Urban (RU-3) District.

____________________________________________________________________________

OFFICE OF PLANNING AND DEVELOPMENT RECOMMENDATION:

Approval with conditions

Staff Writer: Troy Frasier Email: [email protected]

CONCLUSIONS: This is a resubmittal of previously approved but expired PD 04-368. The Planned Development will allow for

CMU-2 district uses on the vacant 1.15 acre subject parcel. As the outline plan shows, the single phase Planned

Development will contain one commercial building with multiple units. The applicant is proposing a subway

with a drive-thru for one of the units and lease out the other two units. The proposed use is consistent with the

surrounding land uses and other approved Planned Developments in the area.

The site layout is very similar to the previously approved outline plan. The main difference is the access point

from Germantown Parkway to the subject parcel. The previously approved outline plan from 2004 contained a

single combined ingress/egress centered in the middle of the property. The new proposed outline plan has the

ingress access point located on the southern half of the property and the egress access point located on the

northern half of the property. This revised layout allows large delivery trucks to enter and exit the parcel

without having to turn around.

In conclusion, residential development is no longer compatible with the surrounding commercial uses. The

proposed use is consistent with the surrounding land uses and other approved Planned Developments. The

proposal meets all the general provision for a Planned Development listed in Sections 4.10.3 and 9.6.9. This

Planned Development will not have an adverse effect on the surrounding properties or community.

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Staff Report October 9th

, 2014

Area Map

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Zoning Map

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Landuse Map

North: Single family homes, hotels, restaurants and gasoline sales, including vacant land in MSM

Planned Development(P.D. 96-321) and T & L Planned Development(P.D. 97-369) and

Marks Planned Development(P.D. 97-364).

East: St. Benedict’s High School with associated parking, including athletic courts and fields in

Roman Catholic Diocese Planned Development(P.D. 02-329).

South: Doughnut shop and retail shops in Germantown Green Planned Development(P.D. 88-391).

West: Toyota dealership, retail stores and restaurants in Galleria of Memphis Planned

Development(P.D. 04-312).

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Existing Conditions

Northern property line The eastern and southern property line

Looking north along the property’s frontage Looking south along the property’s frontage

Looking south along Germantown road Looking south along Germantown Road

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Proposed Site Plan

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Previously Approved Concept Plan

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Proposed Floor Plan

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Proposed Elevations

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STAFF ANALYSIS:

Site Description

The subject property is a 1.15 acre tract of land located on the east side of a major arterial road,

N. Germantown Parkway, approximately 335 feet north of Bellevue Parkway. The site is one-

half (1/2) mile south of the intersection of Interstate 40 and N. Germantown Parkway. The

property has 254 linear feet of road frontage and is currently a vacant lot.

The primary access to the site will be from N. Germantown Parkway that has a curbed median in

the center which creates limited access for the subject property. A private drive with culvert is

currently serving as the only access to the property. The front of the property is encumbered by

a sanitary sewer easement fifteen (15’) feet in width and the rear of the property has a Texas Gas

Easement, 175 feet in width, clipping the east boundary. The site is also located in the Fletcher

Creek Overlay District and has a drainage creek running along the southern property line.

Area Overview

The subject property is in the southeast quadrant of Interstate 40 and N. Germantown Parkway.

All the surrounding parcels were granted relief from the zoning requirements through the

Planned Development process. All the land surrounding the subject parcel, except the private

school to the south east, has been developed with commercial uses including a Toyota

dealership, hotels, restaurants and retail stores. A private school with athletic courts and fields is

located to the south and east of the site. Single-family residences are located beyond this

commercial corridor. This area has experienced a tremendous boom within the last twenty-five

(25) years or more.

Request

The applicant is requesting a Planned Development to allow for CMU-2 district uses on a vacant

parcel located in a Residential Urban-3 district. The proposed outline plan shows one

commercial building with three separate units. The applicant is proposing to establish a Subway

franchise with a drive-thru in one unit and lease out the other two units.

Conclusion

This is a resubmittal of previously approved but expired PD 04-368. The Planned Development

will allow for CMU-2 district uses on the vacant 1.15 acre subject parcel. As the outline plan

shows, the single phase Planned Development will contain a single commercial building with

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multiple units. The applicant is proposing a Subway franchise with a drive-thru for one of the

units and lease out the other two commercial units. The proposed commercial use matches and

is compatible with the surrounding landuses.

There are several constraints to the subject property that limits its development. These

constraints are probably the reason that this parcel has been left undeveloped while the rest of the

area has seen a relative boom in development. First there is a drainage ditch that runs along the

Germantown Parkway frontage. Any development would have to improve the access over this

ditch. Second there is a 15’ sewage easement that runs just east of this ditch along the full

frontage of the parcel. Third, the property is located in the Fletcher Creek Overlay District and

contains small creek that runs along the full length of the southern property line. Lastly and most

significantly, Germantown Parkway’s northbound and southbound lanes are separated by a

median in front of the subject parcel. This restricts access for southbound traffic and limits

access to the parcel to only the northbound traffic.

The site layout is very similar to the previously approved outline plan. The main difference is

the access point from Germantown Parkway on to the subject parcel. The previously approved

outline plan from 2004 contained a single combined ingress/egress centered in the middle of the

property. The new proposed outline plan has the ingress access point located on the southern

half of the property and the egress access point located on the northern half of the property. This

revised layout allows large delivery trucks to enter and exit the parcel without having to turn

around.

In conclusion, a residential use on the site is no longer compatible with the surrounding

commercial uses and is no longer feasible. The proposed use is consistent with the surrounding

land uses and other approved Planned Developments. The proposal meets all the general

provision for a Planned Development listed in Sections 4.10.3 and 9.6.9. This Planned

Development will not have an adverse effect on the surrounding properties or community.

RECOMMENDATION: Approval with Conditions

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Outline Plan Conditions

I. USES PERMITTED:

A. Any use permitted by right and administrative site plan review in the Commercial Mixed Use-2 (CMU-2) District, except the following uses:

1. Pawn Shop

2. Used Goods, Second-Hand Sales

3. Group Shelter

4. Transitional Home

5. Group Day Care Home

6. Family Day Care Home

7. Automobile Parking Lot

8. Undertaking Establishment

9. Tavern, Cocktail Lounge, Nightclub

10. Amusements, commercial indoor

B. The exterior treatment to the building, landscaping and signs shall be consistent with adjacent

developments, including the color of building materials and signs to blend with surrounding

properties.

II. BULK REGULATIONS: Commercial or office uses in accordance with the CMU-2 District regulations

with the minimum 40' front yard setback from N. Germantown Parkway right-of-way line.

III. ACCESS, CIRCULATION, AND PARKING:

A. The right-in/right-out curb-cut design shall be permitted to N. Germantown Parkway subject to

the approval of the City Engineer.

B. All private drives shall be constructed to meet the pavement requirements of the Subdivision

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

C. Any existing nonconforming curb cut shall be removed per City Standards.

D. Sidewalks are not required on N. Germantown Parkway.

E. Wayfinding signs must clearly mark the entrance from Germantown Parkway and the exit on to Germantown Parkway.

IV. LANDSCAPING AND SCREENING:

A. A landscape area fifteen (15') feet in width, Type "S-10" modified to a width of 10 wide or

equivalent shall be provided along N. Germantown Parkway subject to the approval of OPD.

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B. Existing trees shall be preserved if possible along the natural drainage ditch and incorporated into

the required landscaping and screening.

C. Internal landscaping shall be provided at a ratio of 300 feet of landscaped area and one (1) shade

tree for every twenty (20) parking spaces.

D. All required landscaping and screening shall not conflict with any easements, including overhead

wires. Required landscaping may be located within the gas easement, but the content must be

designed to compensate for the planting restrictions applicable to the easement.

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

Office of Planning and Development.

F. Lighting standards shall be a maximum height of twenty (20') feet. Any lighting on the parking

lot shall be concealed or shielded to avoid glare and off-site impacts on abutting properties.

D. Refuse containers shall be completely screened from view from adjacent residential properties

and the public roads.

E. All heating and air conditioning equipment, including that located on the roof shall be hidden

from view through the use of architectural features of landscaping.

F. Utility features such as electrical wiring and meters shall also be screened using architectural

features or landscaping.

V SIGNS:

Signs shall be in accordance with the Commercial Mixed Use – 2 (CMU-2) District with the following exceptions:

A. No portable or temporary signs shall be permitted.

VI. DRAINAGE:

A. All drainage plans shall be submitted to the City Engineer for review and approval.

B. Drainage improvements, including possible on-site detention to be provided under contract in

accordance with the Subdivision Regulations and the City of Memphis Drainage Design Manual.

VII. SEWERS:

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

VII. The Land Use control Board may modify the bulk, access, circulation, parking, landscaping, loading,

screening, signage and other site requirements if equivalent alternatives are presented; provided,

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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 (5) 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 dimensions including height of buildings, parking areas, utility easements,

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

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

E. The location of trees and groups of trees to be preserved and required landscape/screening areas.

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

G. All commons, open areas, landscaped 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.

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GENERAL INFORMATION

Street Frontage: +/-253.86 linear feet on N. Germantown Parkway

Planning District: Shelby Farms/Germantown

Zoning Atlas Page: 1855

Parcel ID: 096500 00141

Zoning History: Located in a Residential Urban-3 (RU-3) district

DEPARTMENTAL COMMENTS

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

City Engineer:

CITY ENGINEERING COMMENTS DATE: 10/3/2014

CASE: PD 14-314 NAME: Germantown Forty 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.

3. The developer shall extend sanitary sewers through the site to serve upstream properties.

Roads:

4. Dedicate Germantown Parkway right of way if necessary and improve to full urban standards

in accordance the requirements of the Unified Development Code.

Curb Cuts/Access:

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

6. One right in-right out curb cut will be permitted to Germantown Road to be located centered

on the property frontage in the location of the current drive opening. The proposed southern

entrance is blocked by the existing guard rail.

Drainage:

7. The developers engineer must determine the drainage area that utilizes this ditch. The stream

buffer will then be established based on those calculations. A minimum setback of 25 feet

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from the top of bank is required.

8. This site is located in the Fletcher Creek Drainage Basin and floor elevation of this building

will be a minimum 2.5 feet above the 100 year flood elevation.

9. 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.

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

Engineer.

11. 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.

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

Conservation regarding their jurisdiction over the watercourses on site, in accordance with

the Water Quality Control Act of 1977 as amended (TCA 69-3-101 et seq.).

General Notes:

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

standards.

14. 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.

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

County Engineer: No comments received.

City Fire Division: No comments received.

County Fire Department: No comment.

City Real Estate: No comments received.

County Real Estate: No comments received.

City/County Health Department: No comment.

City Board of Education: No comments received.

County Board of Education: No comments received.

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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:

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.

Bell South / Millington Telephone: No comments received

Memphis Area Transit Authority (MATA): No comments received.

OPD-Regional Services: No comments received.

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

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OPD-Plans Development: No comments received.

Division of Park Services: No comments received.

County Conservation Board: No comments received.

County Sheriff: No comments received.

Neighborhood Associations: No comments received.

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Letter of Intent

August 20, 2014

Mr. Josh Whitehead Chief Planner Memphis & Shelby County Office of Planning & Development 125 North Main Street, Suite 468 Memphis TN 38103 RE: PD Application to rezone a 1.15 Acre parcel being located at 2246 N. Germantown Parkway (original planned development passed the five year time period)

Dear Josh:

On behalf of Raj Choksi, we are pleased to submit this Planned Development Application, to request approval of a development plan for the referenced property. It is our intent to emulate the original PD 04-368 Conditions. The site as onsite existing utilities and does not require any additional public improvements as they already exist.

We look forward to continuing to work with you and the Planning on this project.

Sincerely,

Prime Development Group, Inc.

Michael J. Fahy President

Documents

STAFF REPORT #8