case number: s.u.p. 05-219 l.u.c.b. meeting: november 8

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

AGENDA ITEM: # 6

CASE NUMBER: S.U.P. 05-219/ L.U.C.B. MEETING: November 8, 2018

Z 05-125

LOCATION: Northwest corner of Ridgeway Road and Highway 385

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

OWNER/APPLICANT: Umansky Properties AOM, LLC

REPRESENTATIVE: Mike Dedman (Carlson Consulting Engineers, Inc.)

REQUEST: Revise the Uses Permitted Condition to add a third dealership: Alfa

Romeo/Maserati

AREA: 10.42 Acres

EXISTING LAND USE & ZONING: Regulated by the approved conditions for Z 05-125 and SUP 05-219

CONCLUSIONS

1. There is a synergy that comes from grouping similar uses, albeit different brand names, on one lot. This is a

10-plus acre lot so there is room for sales rooms with office, detail and service bays and surface parking for

customers and display.

2. From staff’s view, both from aerials and an on-site visit, there appears to be adequate room to accommodate

a third dealership for a specialty brand which does not figure to attract visitors at the same rate as a lower

priced product.

3. Staff has been made aware of some disturbances to the 50-foot-wide non-disturb area along the north side of

Lots 1 and 2. Conditions have been revised to address the re-planting within this area of the site.

RECOMMENDATION

Approval with Conditions

Staff Report (Major Modification) November 8, 2018

S.U.P. 05-219/Z 05-125

2

General Location Map

The subject site is Lot 1 of the Ridgeway-Nonconnah Center C-P. It is outlined in blue.


S.U.P. 05-219/Z 05-125

3

Zoom In on subject property

Lot 2 –

Umansky

office under

construction

Lot 1 – Acura-

Lincoln dealership

Lexus

Dealership


S.U.P. 05-219/Z 05-125

4

Revised Site Plan

This building will be re-

purposed from detailing

and service uses to the

showroom for Maserati

and Alfa Romeo


S.U.P. 05-219/Z 05-125

5


S.U.P. 05-219/Z 05-125

6

Vicinity Map

Mailed Public Notice - 41 notices were mailed on October 26, 2018.

Public Notice Sign – Posted October 26, 2018 at 3:30 P.M.

Neighborhood Meeting: Not required for a Major Modification Application.


S.U.P. 05-219/Z 05-125

7

ZONING MAP

The subject property was rezoned from Single Family Residential (RS -8) to Planned Commercial (C-

P) in 2005. Prior to that rezoning, this property was part of a planned development, Ridgeway-

Nonconnah Center, P.D. 02-303, Parcel B.

Surrounding Uses of Land:

North: A TVA powerline easement in the Single Family Residential -10 and Floodplain

Overlay.

West and South: Highway 385 right of way

East: Automobile dealership, Lexus, approved under a planned development,

Ridgeway-Nonconnah Center Planned Development, P.D. 02-303)


S.U.P. 05-219/Z 05-125

8

STAFF ANALYSIS

Request and Justification:

The applicant, Umansky Properties, desires to expand the operations on this site by adding a third

automobile dealership, Alfa Romeo and Maserati vehicles, in addition to the two dealerships that are

located here, Acura and Lincoln.

An existing building on the site will be re-purposed to serve as the display room. That building was

approved to serve as the detailing and service function associated with the Acura and Lincoln

dealerships. That function will be relocated within the existing buildings on site.

If approved, the new dealership will add to the mix of upper end vehicles available for sale in this area

of the city. In addition to cars available on this property, a Lexus dealership is located at the

northeast corner of Ridgeway Road and Highway 385.

Review of Request

History - When the idea for a car dealership on this corner was first proposed in 2004, it took place

after the approval of the Planned Development amendment that led to the location of the Lexus

Dealership across the street, P.D. 02-303. The application was for an amendment to Parcel A to

allow vehicle sales in addition to the retail and office uses that were approved for Parcel A.

P.D. 04-339 was filed to add a car dealership with sales and service to the list of permited uses in

Parcel B of the Planned Development. Representatives of the Balmoral Neighborhood raised

concerns about creating another Covington Pike, Summer Avenue or Mt. Moriah. Other concerns

were related to what has been observed in the community when new dealerships move on and the site

is taken over by used car lots; poor maintenace of the site and landscaping, garish signs, and fencing

that often reverts to chain link with barbed wire.

The amendment request for Parcel B was presented to the Memphis City Council who voted to reject

the P.D. amendment request.

After the vote by the Memphis City Council, three applications were filed in August of 2005. A

Planned Development revocation application to delete Parcel B from the planned development, a

zonign application to change the zoning to Planned Commercial and a Special Use Permit applicatoin

to allow vehicle sales and service. All three applications were approved.

In June of 2016, a Major Modification application was filed to add a second dealership, Lincoln, on

the site in addition to the Acura dealership originally approved under Z 05-125 and SUP 05-219.


S.U.P. 05-219/Z 05-125

9

Review - There is a synergy that comes from grouping similar uses, albeit different brand names, on

one lot. This is a 10-plus acre lot so there is room for sales rooms with office, detail and service bays

and surface parking for customers and display.

From staff’s view both from aerials and an on-site visit, there appears to be adequate room to

accommodate a third dealership for a specialty brand which does not figure to attract visitors at the

same rate as lower priced product.

Landscaping – Non-disturb area - During the review of this application, staff was made aware of

instances where the non-disturb area that is located adjacent to the north property line running east to

west from Ridgeway Road west to approximately the right of way of Highway 385 had, in fact, been

disturbed. The aerial below shows where this has taken place.

The disturbance to the natural screen on the left came as a result of the review of the Phase two plan

that created the lot for the new office building. City Engineering required a temporary drainage

easement. That requirement has been met and this area can be restored.

The disturbance to the natural screen on the right, at the point where Lot 1 meets Lot 2, is the result

of the need for an emergency entrance to the TVA easement by Memphis Light, Gas and Water

Division to alleviate a problem on one of the residential lots further north. Staff has been advised that

MLGW has contacted this property owner and indicated that is there, MLGW, responsibility to

replant this area.


S.U.P. 05-219/Z 05-125

10

Finally, the Balmoral Neighborhood Association contends that in addition to the two breaches into

non-disturb area, other activities have taken place which have led to a diminution of the 50-foot-wide

swath of natural trees and shrubs.

To address this issue, Condition IV. B. has been revised to call for a landscape plan to be prepared by

a Landscape Architect. Condition IV has always allowed OPD to require supplemental plantings in

the non-disturb area to provide a good screen. Evergreen materials such as arborvitaes or any

number of varieties of the holly species can be expected to be planted here and thrive provided the

ground is properly prepared prior to planting and water is provided especially during the first year.

The neighborhood has submitted a letter and pictures with respect to the issue. They have also

included a picture of evergreens planted on another site which they feel would be a good choice.

It should be a relatively easy matter with the assistance of a surveyor and a landscape architect to

walk the north property line and see where there are breaks in the buffer that allow an unimpeded

view into the car lot and the new office. At that point, supplemental planting will be required. A

more detailed plan will be needed where the area that have been disturbed by the development of Lot

2 and the access need of MLGW have taken place.

Since it is in the interest of the applicant to bring this matter to a close so that the new dealership can

begin, staff is recommending that the supplemental landscaping plan be incorporated into the Final

Plan set and recorded. The landscape plan should be implemented prior to the recording.

Process and procedures – The conditions below will replace the recorded set of conditions found in

the General Plan, the Phase 1 Plan, the Phase 2 Plan and the Special Use Permit site plan. All will be

revised and where required, re-recorded to reflect the revised conditions and site plan.

RECOMMEDATION APPROVAL WITH CONDITIONS

Conditions

Ridgeway and Nonconnah C-P (Revised)

S.U.P. 05-219/Z 05-125

(New language shown in bold and italic ink)

I. Uses Permitted: The following specific uses shall be permitted

A. An Acura, Lincoln, Alfa Romeo and Maserati automobile

dealership with the customary accessory uses of service department

and detailing but not body repair, limited to Lot 1 only, and subject to

an approved Special Use Permit.

B. Professional offices including medical office and clinic.


S.U.P. 05-219/Z 05-125

11

C. Storage and distribution in connection with a principle office use.

D. Sit down restaurant without drive-thru window or drive in service.

E. Automobile service shall be prohibited, except as an accessory use to

the Dealership in Lot 1.

F. This site shall be used only as a new automobile dealership with used car sales. If

the new car dealership ceases to operate, no independent used car operation will

be permitted on this property.

G. Any change from an Acura, Lincoln, Alfa Romeo or Maserati dealership to

another automotive dealership shall require the filing of a correspondence item

with the LUCB with full zoning notice including the Balmoral Residents

Association.

H. The concept site plan and landscaping plan shall be incorporated into the General

Plan. It is understood that some changes to both plans may occur during the

General Plan and Final Plan process. However, if the applicant and the Office of

Planning and Development disagree on the meaning or intent of a condition, an

appeal in the form of a correspondence item may be sent to the Land Use

Control Board with notice to the Balmoral Residents Association.

II. Bulk Requirements:

A. In accordance with the Planned Commercial District with the following

exceptions:

1. Maximum Floor Area Ratio (F.A.R.) - .50

2. Minimum setback from private drives – 15 feet.

B. Heating, air conditioning and the mechanical appurtenances located on the

roof shall be screened using architectural features such as a parapet. If located

elsewhere, they should be screened from the view of public streets through the

use of landscaping or fencing to be shown on the final plan.

C. Entry to any service areas shall be as shown on the proposed site plan. Service

doors shall remain closed when not providing ingress or egress to the service

area.


S.U.P. 05-219/Z 05-125

12

III. Access, Circulation, and Parking:

A. Direct access to Nonconnah Parkway is prohibited.

B. Access through the MLG&W transmission easement to the north is prohibited.

C. Curb cuts permitted:

1. One full movement curb cut to Ridgeway Road for the internal private drive.

2. Access to Ridgeway Road shall be located as far as practical away

from the Nonconnah Parkway interchange, with private drives aligning

with the existing Lexus drive at the intersection with Ridgeway Road.

D. The private drive shall provide access to Lots 1 and 2. As such a property

owner’s association shall be created to provide ownership and maintenance of

this facility.

III. Landscaping, Screening, and Lighting:

A. Plate A-3 modified to 20 feet in width, or an equivalent that is acceptable to

the Office of Planning and Development shall be provided along Nonconnah

Parkway and Ridgeway Road Extended.

B. Existing trees shall be preserved within the 50-foot-wide greenbelt area along

the northern property line of Lots 1 and 2 and shall be supplemented with

additional plantings subject to the approval of the Office of Planning and

Development.

1. If disturbed, the area that has been disturbed shall be replanted based

on an approved landscape plan that shall be prepared by a Landscape

Architect and presented to the Office of Planning and Development

with comments from the Balmoral Neighborhood Association.

2. Preference will be given to planting materials that are native to the

area or otherwise acceptable to the OPD, but should be an evergreen

species.

3. Such material shall be considered to be fast growing and hardy to hot

water conditions.

4. New planting shall be spaced to provide a visual screen between the

residential dwellings to the north and the car dealership or office

building in Phases 1 or 2.


S.U.P. 05-219/Z 05-125

13

5. The plan shall stipulate where the new plantings shall be placed, they

may be on the subject property side or the TVA easement side or both.

6. The plan shall indicate if irrigation is available, and if not, how the

plants will be watered through the first year of the new plants life.

7. In addition to the two areas that are known to have been disturbed,

the landscape plan shall indicate any other areas of disturbance or

where there are breaks in the screen that can be addressed with some

supplemental material.

8. Said landscape plan, shall plan shall be added to recorded plat set and

the revised phase 1 plat shall not be re-recorded until the new planting

has been completed and reviewed by either OPD staff and/or the

Landscaping Compliance manager.

C. The required landscaping and planting screens shall be illustrated on the

General and Final Plans. All landscaping and planting screens shall be provided

exclusive of all easements and shall not interfere with any easements including

overhead wires.

D. Internal landscaping shall be provided at a ratio of 300 square feet and one (1)

shade tree (Tree A) for every twenty (20) customer parking spaces. The final

plan shall present a uniform treatment of all parking islands which shall include

a mixture of evergreen and deciduous materials.

E. Existing trees shall be preserved whenever feasible and incorporated into the

required landscaping and screening subject to the approval of the Office of

Planning and Development.

F. Landscaping within the automobile sales area shall be as generally depicted on

the proposed Site Plan.

G. Landscaping along the south side of the private drive shall be composed of an

alternating mixture of evergreen and deciduous trees. The spacing and the specific

materials shall be shown on the final plan and subject to the review and approval

of the OPD.

H. All trash receptacles shall be screened from view of adjacent property or the

public street right-of-way.

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

architectural features or landscaping.


S.U.P. 05-219/Z 05-125

14

J. All utility services to buildings and signs shall be by underground conduit where

commercially reasonable.

K. All light standards shall be a as illustrated on the General Plan, but the actual

height shall be determined at Final Plan Review, but not more than 24 feet in

height.

L. Light Standards shall be illustrated on the Final Plan and shall be limited to24 feet

in height. The final plan shall show a photometric analysis depiction that a zero-foot

candle level can be achieved at the non-disturb area, 50 feet from the property

line. This measurement shall take into account the time of year that the

measurement was taken. The fixture on the light standards shall have a shoe box

design.

M. All outdoor lighting shall be directed away from any residential property.

N. The automobile dealership building for Lot 1 shall be as generally depicted on the

approved building elevation plan, with predominately earth tones with blue a n d

champagne metallic accent colors. Building elevations shall be recorded as a part

of the Final Plan.

O. The office use for Lot 2 shall be composed of brick, stone, or stucco, or a

combination of these materials.

V. Signs

A. In accordance with the Planned Commercial (C-P) District with the following

exceptions:

1. An Integrated center sign, limited to a maximum of 100 square feet,

and 15 feet in height, shall be permitted in Lot 1.

2. Freestanding signage along Ridgeway Road, Lot 1, shall be ground

mounted with a maximum height of 12 feet and a maximum sign area of

50 square feet with the exception that one (1) sign 100 square feet in

area and 13 feet 2 inches in height shall be permitted for dealership

identification.

3. If the automobile dealership ceases to operate, all attached and

detached signs depicting the dealership shall be removed from the

property.

4. Temporary or portable signs and off-premise (billboards) signs shall be

prohibited.


S.U.P. 05-219/Z 05-125

15

5. No banners, flags, streamers, balloons or similar advertising devices,

temporary or portable signs, reader board signs, roof-mounted signs

or tents are permitted.

6. Free standing signage along Nonconnah Parkway shall be a maximum

of 35 feet in height with a maximum sign rea of 100 square feet.

B. No outside speaker system shall be permitted.

VI. Drainage:

A. 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.

B. This project must be evaluated by the Tennessee Department of Health and

Environment regarding their jurisdiction over the watercourses on the site in

accordance with the Water Quality Control Act of 1977 as amended (TCA 69-

3- 101 et set).

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

on- site storm water detention 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 and/or County 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 and /or County 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.

D. All private drives to be constructed to meet the Subdivision Regulations,

applicable City Standards, and provided a minimum width of twenty-two feet

(22') exclusive of curb and gutter.

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

private sewers, and private drainage shall be owned and maintained by a property

Owner’s association. A statement to this effect shall appear on the final plat.

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

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


S.U.P. 05-219/Z 05-125

16

VIII. 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. A statement conveying all common facilities and areas to a property owner’s

association, or other entity, for ownership and maintenance.

E. Fire hydrants in accordance with the requirements of the Memphis Fire

Department.

F. The 100-year base flood elevations.

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

requiring on-site storm water detention 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 and/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 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, and trash, mowing outlet

cleaning, and repair of drainage structures.


S.U.P. 05-219/Z 05-125

17

GENERAL INFORMATION

Zoning Atlas Page: 2245

Parcel ID: 081051-00326

DEPARTMENTAL COMMENTS

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

City Engineer:

City engineering has no comment on this request

City Fire Division: No comments received.

City Real Estate: No comments received.

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:

Balmoral Neighborhood Association See below

APPLICATION

LETTER OF INTENT


S.U.P. 05-219/Z 05-125

18

Balmoral Neighborhood Association (Letter and 4 pictures)


S.U.P. 05-219/Z 05-125

19


S.U.P. 05-219/Z 05-125

20


S.U.P. 05-219/Z 05-125

21


S.U.P. 05-219/Z 05-125

22

(Evergreen material to be considered)


S.U.P. 05-219/Z 05-125

23

Application


S.U.P. 05-219/Z 05-125

24


S.U.P. 05-219/Z 05-125

25

Letter of Intent

case number: s.u.p. 05-219 l.u.c.b. meeting: november 8

Documents