case number: sup 12-207 (2020 major mod.) l.u.c.b. meeting

Staff Writer: Brett Davis E-mail: [email protected]

AGENDA ITEM: 4

CASE NUMBER: SUP 12-207 (2020 major mod.) L.U.C.B. MEETING: 14 January 2021

LOCATION: 1306 Monroe Avenue and an adjacent parking lot

OWNER/APPLICANT: Society of St. Vincent de Paul of Memphis

REPRESENTATIVE: Tim McCaskill of McCaskill and Associates, Inc.

REQUEST: Major modification to: 1. Permit transient lodging 2. Remove the restriction on hours of operation 3. Allow outdoor food service 4. Extend the special use permit in perpetuity

AREA: 0.9 acres

EXISTING ZONING: Commercial Mixed Use – 3 with Medical District Overlay

CONCLUSIONS (p. 13) - The Society of St. Vincent de Paul of Memphis seeks to provide transient lodging at 1306 Monroe in

partnership with the Room in the Inn – Memphis. Both organizations are Christian social services providers.

- Presently, the site is operated as a soup kitchen under the authority of a special use permit that does not per se permit transient lodging. This permit was granted by the City Council in 2012, subject to four conditions, including a four-year sunset provision. In 2016, the Land Use Control Board extended the sunset provision by five years.

- The applicant has requested additional modifications to the special use permit conditions. - First, they seek the removal of the restriction on hours of operations from 8 a.m. to noon. This is

prerequisite to the provision of lodging. Second, they seek permission to serve food outdoors. This is in response to social distancing guidelines associated with the coronavirus pandemic. Finally, they seek the perpetual extension of the special use permit.

- Staff finds that the requested major modifications meet the special use permit approval criteria.

RECOMMENDATION (p. 14)

Approval with conditions

CONSISTENCY WITH MEMPHIS 3.0

The Department of Comprehensive Planning did not comment on this case.

Staff Report 14 January 2021 SUP 12-207 (2020 major mod.)

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GENERAL INFORMATION Street Frontage: Monroe Avenue (local street) 250 linear feet South Claybrook Street (local street) 155 linear feet alley 250 linear feet Zoning Atlas Page: 2030 Parcel ID: 017011 00013 and 017011 00012 Existing Zoning: Commercial Mixed Use – 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 and signs posted. A total of eight notices were mailed on 16 November 2020, and a total of two signs posted at the subject property. The sign affidavit has been added to this report.


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LOCATION MAP

Subject property located in the Medical District

SUBJECT PROPERTY


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MADISON HEIGHTS SUBDIVISION (1888)

Subject property consists of Lots 6 and 7, and the western half of Lot 8, of Block 10.


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VICINITY MAP


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AERIAL


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ZONING MAP

Existing Zoning: Commercial Mixed Use – 3 with Medical District Overlay Surrounding Zoning North: Commercial Mixed Use – 3 with Medical District Overlay East: Commercial Mixed Use – 3 with Medical District Overlay South: Commercial Mixed Use – 3 with Medical District Overlay West: Campus Master Plan – 1 with Medical District Overlay


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LAND USE MAP


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SITE PHOTOGRAPHS

Primary façade (Monroe) of subject structure Parking lot and east side of structure from alley.

Rear of structure from alley View south down Claybrook from alley


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SURVEY (not to scale)


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PROPOSED SITE PLAN (not to scale)


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STAFF ANALYSIS Request The request is for a major modification to:

1. permit transient lodging, 2. remove the restriction on hours of operation, 3. allow outdoor food service, and 4. extend the special use permit in perpetuity.

The special use permit currently permits only a soup kitchen, limited to the hours of 8 a.m. to noon, with indoor-only food service, and is set to expire on 9 June 2021. (See p. 23 for existing conditions.) The application and letter of intent have been added to this report. Approval Criteria Staff agrees the approval criteria of special use permits as set out in Section 9.6.9 of the Unified Development Code would remain met. 9.6.9 Approval Criteria No special use permit or planned development shall be approved unless the following findings are made concerning the application: 9.6.9A 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.

9.6.9B 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.

9.6.9C 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.

9.6.9D 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.

9.6.9E The project complies with all additional standards imposed on it by any particular provisions authorizing such use.

9.6.9F 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.

9.6.9G 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.

9.6.9H 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.


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Site Description The subject site consists of two parcels, which comprise Lots 6 and 7, and the western half of Lot 8, of Block 10 of the Madison Heights Subdivision. The site has three frontages: 250 linear feet on Monroe Avenue, a local street; 155 linear feet on South Claybrook Street, a local street; and 250 linear feet on an alley. The Monroe frontage has a grass strip and no overhead utilities, and the Claybrook frontage has overhead utilities and no grass strip. The subject structure has two stories, was built circa 1940 and expanded circa 1957, and has a ground floor area of 4735 square feet. To the west of the structure is a landscaped area with trees and garden plots. A desire line cuts across this area from its northwest to southeast corners. To the east of the structure – separated by a retaining wall – is an unmarked, asphalt parking lot that has access to both Monroe and the alley. Chains partially close each access point. A dumpster is in this parking lot. An asphalt pad to the rear of the structure contains utilities enclosed by chain link fencing. Several shopping carts used as trash receptacles are affixed with bicycle locks near the structure. At the time of publication, two people are employed at the site, and there are approximately 100 square feet of office area. Zoning History In 1957, the Memphis Board of Adjustment granted a variance to the Madison Heights Methodist Church from front and rear setback requirements to permit an addition to the church’s education building. That expanded building is the subject structure of the major modification request. In 2012, the Memphis City Council approved a special use permit for a soup kitchen at the subject site, subject to four conditions, including a four-year sunset provision (see pages 20-24). In 2016, the Memphis and Shelby County Land Use Control Board approved a major modification to extend the sunset provision by five years. Conclusions The Society of St. Vincent de Paul of Memphis seeks to provide transient lodging at 1306 Monroe in partnership with the Room in the Inn – Memphis. Both organizations are Christian social services providers. Presently, the site is operated as a soup kitchen under the authority of a special use permit that does not per se permit transient lodging. This permit was granted by the City Council in 2012, subject to four conditions, including a four-year sunset provision. In 2016, the Land Use Control Board extended the sunset provision by five years. The applicant has requested additional modifications to the special use permit conditions. First, they seek the removal of the restriction on hours of operations from 8 a.m. to noon. This is prerequisite to the provision of lodging. Second, they seek permission to serve food outdoors. This is in response to social distancing guidelines associated with the coronavirus pandemic. Finally, they seek the perpetual extension of the special use permit. Staff finds that the requested major modifications meet the special use permit approval criteria.


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RECOMMENDATION Staff recommends approval with the following conditions:

1. This special use permit shall permit a soup kitchen and transient lodging. 2. No loitering at the site shall be permitted. 3. The existing shopping carts shall be removed and replaced with a minimum of two standard urban waste

receptacles, for the maintenance of which the social service institution shall be responsible. A revised site plan shall demonstrate the location and design of these receptacles, subject to the approval of the Division of Planning and Development.

These conditions shall be considered the total conditions of SUP 12-207. Conditions from previous approvals shall no longer apply.


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DEPARTMENTAL COMMENTS The following comments were provided by agencies to which this application was referred: City Engineer: No objection to a change in operating hours. City Fire Division: No comments received. City Real Estate: No comments received. 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. Dept. of Sustainability and Resilience: No comments received. Dept. of Comprehensive Planning: No comments received.


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APPLICATION


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LETTER OF INTENT


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SIGN AFFIDAVIT


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ATTESTED RESOLUTION (15 May 2012)


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ORIGINAL RESOLUTION (cont.)


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LETTERS RECEIVED 13 letters of support were received at the time of completion of this report and have been attached.


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case number: sup 12-207 (2020 major mod.) l.u.c.b. meeting

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