case number: p.d. 17-23 l.u.c.b meeting: september 13

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

AGENDA ITEM: #7

CASE NUMBER: P.D. 17-23 L.U.C.B. MEETING: September 13, 2018

CASE NAME: City Cottages – Cooper Young Planned Development

(Major Modification Application)

LOCATION: Northeast corner of Tanglewood St. & Elzey Ave.

COUNCIL DISTRICT(S): District 4; Super District 8-Positions 1, 2 & 3

OWNER/APPLICANT: City of Memphis (Real Estate Dept.)/Apple Partners LLC (Ed Apple)

REPRESENTATIVE: Solomito Land Planning (Brenda Solomito-Basar)

REQUEST: Revise the approved Outline Plan to: 1. Re-orient the lots, 2. Reduce the

number of lots from 10 to 8 and utilize the City of Memphis property for

access.

AREA: 0.57 Acres

EXISTING LAND USE & ZONING: Vacant land in the Employment (EMP) zoning district and former railroad

right of way zoned Single Family Residential (R-6) District

CASE NUMBER: P.D. 17-23 L.U.C.B. MEETING: September 13, 2018

(Major Modification Report)

CASE NAME: City Cottages – Cooper -Yung

LOCATION: North side of State Line Road; +/- 300’ east of Bridge Mill

Lane

COUNCIL DISTRICT(S): (delete this line for BOA) District 1-Super District 9-Positions 1, 2 & 3

OWNER/APPLICANT: Belz Investco, GP

REPRESENTATIVE: Burch-Porter-Johnson, PLLC

REQUEST: Rezoning to Employment (EMP) District

AREA: 178 Acres

EXISTING LAND USE & ZONING: Vacant surplus land in Residential Single Family (R-6), Residential Urban

(RU-2) & (RU-3) and Commercial Mixed Use (CMU-1) Districts

CONCLUSIONS

1. The revised layout is acceptable to the OPD.

2. Staff is proposing some revised conditions to address the front yard setback and the issue of

providing access the lots from Elzey Avenue.

RECOMMENDATION

Approval with Conditions

mailto:john.jones@memphis

Staff Report (Major Modification) September 13, 2018

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General Location Map

The subject property is located at the northeast corner of Tanglewood St. and Elzey Avenue in the

Cooper Young neighborhood


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Survey

Survey showing the prior use of a large industrial building on the site.


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Existing Conditions

This aerial was included in the prior staff in January of 2018. The site is vacant. On the east or right-

hand side of the site, please take note of the white dashed line that runs from the bottom to the top of

the site. The area between the dashed line and the red line is property owned by the City of Memphis.

Please note also the narrow house just to the right. Both are issues for this major modification

application.


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Aerial View with Parcels

Subject Site COM

Land

Neighbor


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Site Plan Approved by City Council – February 2018


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Proposed Plan

.


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Vicinity/Notification Map

Mailed Public Notice – Ten notices were mailed on August 24, 2018.

Public Notice Sign - Affidavit states that signs were posted on August 31, 2018.

A notice for

Luckey was

added


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STAFF ANALYSIS

Request and Justification

The purpose of this modification application is to modify the outline plan conditions to accommodate

the revised site plan. The new site plan both reduces and re-orients the lots. The site plan now calls

for 8 lots instead of 10. And with the revision, all the lots face a public street. Parking is now

provided in the rear of the property. Access to the parking is shifted from Tanglewood Street to

Elzey Avenue.

The site plan modifications require modifications to the conditions regarding setbacks, parking and

access.

Staff Review:

The reorientation of the lots is acceptable and even preferable to the prior arrangement.

Regarding setbacks, staff is in agreement with the layout of this plan. But, considering that these lots

are small, and almost completely covered in building, and the parking area takes up most of what is

left for open space, the only useable open space will be the required front porch. This requirement is

both an important building element to continue the character of the area, it now takes on added

importance for open space. With those points in mind, staff will require that the minimum depth of

the front porch be 8 feet.

If you used a 10-foot front yard setback and then applied an 8-foot front porch, the porch would sit

approximately 2 feet from the sidewalk or edge of right of way. Staff recommends following the

guidelines of the UDC for front porches which states that “covered, unenclosed porches, attached to

the principle structure, may encroach a maximum of eight feet into a required front yard into are

permitted to encroach into the required front …setback provided a five-foot separation is maintained

between the porch and the property. This will result in a minimum front yard setback of the building

of 13 feet.

By comparison, the required setback in the single family residential zoning districts is 20 feet.

The other issue here is the access from Elzey.

The revised plat shows an access drive that includes 10.5 feet on the subject property and the full 12

feet of publicly owned land which abuts this site. So, this site plan has come full circle from its

beginnings in October of 2017.

Staff has determined that the 12-foot strip of land that abuts the subject’s east property line is a

dedicated but unimproved alley. Staff has also located a Deed with legal description which discusses

moving the alley to the west half of Lot 74 of the Meacham’s Cooper and Central Avenue


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Subdivision. Which explains the unusually narrow lot that was created as a result. This lot contains a

residential structure and is located on the east side of the alley. Because of the narrowness of that lot,

there is not room for a driveway, so for some time now, that property owner has used the

unimproved alley for vehicle access to his property. Not exactly adverse possession but close.

Plat Book 4, Pages 99 and 100 – Meacham’s Cooper & Central Avenue Subdivision


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Deed with Legal Description

This plat and deed also explains the encroachment of the prior industrial building

eastward.


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Conclusions

Staff supports the reorientation of the lots and the reduction from 10 lots to 8.

Some clarification is added to the conditions to accommodate an 8’ deep, front, street-facing porch.

The access issue must be brought to a conclusion that satisfies all parties; this applicant, the abutting

property owners, the City of Memphis, and the OPD. The conditions will address that the options

are:

Staff suggest the following approach. The applicant will work with the City of Memphis to improve

the alley. An apron or drive way opening will be constructed to give the abutting property owner

unrestricted access to the alley. The alley will remain in public ownership, but the applicant agrees to

be responsible for the maintenance of the improved and any unimproved area of the alley.

RECOMMEDATION APPROVAL WITH CONDITIONS


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OUTLINE PLAN CONDITIONS

City Cottages-Cooper Young Planned Development

P.D. 17-23 – recommended changes in red

I. Uses Permitted:

A. A maximum of 8 lots for cottage style residential units numbered 1-8

B. Accessory uses as permitted by the Residential Single-Family Districts

C. Open space or private drives as shown on the approved Outline Plan shall be

owned and maintained by a property owners' association, a statement to that

affect along with the instrument number of the master deed shall be reflected

on the Final Plat.

D. No dwelling unit shall be used for short term rental (aka Airbnb).

II. Bulk Regulations:

A. Lot Size and Lot Widths - As shown on the approved Outline Plan.

B. Setbacks:

1. Front Yard: Elzey Avenue and Tanglewood Street – As shown on the

revised plan except, each structure shall contain an attached, covered,

unenclosed, porch with a minimum depth of 8 feet. Said porch shall be

permitted to extend into the front yard up to but no more than within 5

feet of the public right of way.

2 Side Street Yard - 10 feet

3. Interior Side yards - 3 feet, minimum separation between buildings

6 feet.

4. No encroachments into the side yards shall be permitted.

5. Rear Yard- 10 feet.

6. An attached garage or carport may encroach into the rear yard setback

provided that a minimum of 5 feet of separation between the edge of

the private drive and the garage is provided.


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C. Each lot shall accommodate 2 on-site parking spaces, Two parking spaces shall

be provided for each lot. designed as parking lot, 2 parking pads, a one car

garage with parking pad, or carport.

III. Building materials:

A. All units shall include a minimum 18" raised foundation and a porch with a

minimum depth of 8 feet.

B. The siding of all structures shall be composed of brick or hardy board.

C. The area between the ground and floor of the structure shall be composed of

brick or stone.

D. All roofs shall contain a standard residential pitch and be composed of

architectural shingles.

E. Elevations along the Elzey Avenue frontage shall vary and no-one style shall

be repeated more than 2 times.

IV. Landscaping and screening

A. Landscaping along the Elzey Avenue shall include one tree per lot. The tree

shall be located behind the sidewalk. Details about the species of tree shall be

subject to Final Plat Review.

B. Landscaping along the Tanglewood Street frontage shall include two one tree

per lot. The trees shall be located behind the sidewalk right-of-way. Details

about the species of tree shall be subject to Final Plat Review.

C. All landscaping shall be located so as to not interfere with any above ground

or below ground utilities. And all landscaping shall consider and illustrate the

vision triangle and any light poles.

D. Alternatives to the requirements above may be submitted for consideration

with the Final Plat.

E. All HVAC equipment shall be screened from view of the public streets with

the use of landscaping.

F. Landscaping and screening along the east property to screen the surface

parking from the nearby residential lot shall be required, subject to the review


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and approval of the OPD

V. Access, Circulation and Streetscapes:

A. Dedicate Tanglewood Street as a minor local street and improve in accordance

the requirements of the Unified Development Code.

B. Dedicate Elzey Avenue as a minor local street and improve in accordance the

requirements of the Unified Development Code.

C. The exact location and design of any curb cuts shall be subject to the review

and approval of the City Engineer's Office.

D. Any nonconforming or unused curb cuts shall be closed and replaced with

curb, gutter, and sidewalk.

E. Direct vehicular access to Elzey Avenue and Tanglewood Street from any of

the lots in this development except as shown by the Private Drive or Public

Alley shall be prohibited. These lots shall convey their right of access to the

City of Memphis.

F. Any sidewalks that are located outside of the public right of way shall be

shown on the plat as a Pedestrian Easement.

G. Dedicate a 10-foot chamfer at the intersection of Tanglewood and Elzey and

improve in accordance with the subdivision regulations and with an ADA

compliant access ramp.

H. Access to/from Elzey Avenue. An access drive with a minimum width of 20

feet shall be provided along Elzey Avenue. Access may be accomplished by

accommodating a minimum of 10 feet of the subject property and additional

right of way under the following condition.

1. Work with the City of Memphis and improve the alley at the

applicant’s expense. Provide a drive-way or similar opening from

the alley to the abutting property that affords said property owner

unrestricted access to his property from the alley.

2. Applicant shall agree to maintain the improved alley and any

unimproved portion of the alley. e alley will retain unrestricted

access to the former alley.


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VI. Drainage:

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

Standard Subdivision contract in accordance with Subdivision Regulations and

the City of Memphis Drainage Design Manual.

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

submitted to and approved by the City Engineer.

VII. Modifications by the Land Use Control Board:

A. The Land Use Control Board may modify the bulk, access, circulation,

parking, landscaping, screening, and other site requirements if equivalent

alternatives are presented.

B. If the applicant and the Office of Planning and Development disagree with the

meaning or intent of any approved condition, except use, either party may file

an appeal with the Land Use Control Board through a correspondence item.

The Office of Planning and Development shall determine what public notice is

necessary.

VIII. A Final Plat shall be filed within five (5) years of the approval of the Outline

Plan by the Legislative Bodies. Extensions may be granted by the Land Use

Control Board.

IX. Final Plat Requirements:

Any Final Plan shall include the following:

A. The Outline Plan Conditions,

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

C. The location and ownership, whether public or

private of any easement,

D. The buildable areas, parking areas, drives, pedestrian and

utility easements, service drives, and access easements,

and identification of plant materials in required

landscaping areas, as well as a rendering of the typical

appearance of the proposed buildings including the

minimum foundation height and depth of front porches.


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E. The number of parking spaces being provide versus

required by the Zoning Ordinance,

F. The developer shall 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.

G. The following note shall be placed on the final plat of any development

requiring on-site storm water 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 owner's 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; trash; mowing; outlet cleaning; and repair of drainage structures.

____________________________________________________________________________

GENERAL INFORMATION

Zoning Atlas Page: 2035

Parcel ID: 031032 00001 and 031132 00002

DEPARTMENTAL COMMENTS

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

City Engineer:

CASE: PD 17-23 NAME: City Cottages 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.


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Roads:

3. 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.

4. 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.

5. The final plan submitted with this application does not show improvements to Tanglewood

Street. The conditions require that Tanglewood be dedicated and improved as a minor local

street.

6. There are numerous errors on the final plan, such as the sidewalk chart and the absence of the

dedication at the corner.

7. The proposed private drive which utilizes part of the public alley denies access to the property

owner to the east and to the remainder of the alley to the north. The proposed curbing shall be

moved to the east right-of way of alley instead of in the middle of the public alley. A curb cut

shall be provided for access to the neighboring property and a separate curb cut shall be

constructed to give access to the alley north of this development.

8. No handicapped ramp is shown on the corner of Tanglewood and Elzey.

9. Clear Sight Areas shall be provided on the final plat and engineering plans at the intersection

in accordance with the Unified Development Code. The required note regarding Clear Sight

Areas shall be placed on the final plat.

10. 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.

Traffic Control Provisions:

11. 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.

12. 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


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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.

13. 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 fo 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.

Curb Cuts/Access:

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

15. Any existing nonconforming curb cuts shall be modified to meet current City Standards or

closed with curb, gutter and sidewalk.

Drainage:

16. This project is located in the Arlington Bayou which is a sensitive drainage basin.

17. 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.

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

Engineer.

General Notes:

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

standards.

20. 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.

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


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City Fire Division: No comments received.

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.

Neighborhood Associations: No comments received.

Letter of Intent


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case number: p.d. 17-23 l.u.c.b meeting: september 13

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