staff report #8 - shelby county, tn
TRANSCRIPT
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).
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Area Map
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Zoning Map
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Land Use Map
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Site Aerial
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Proposed Site Plan
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Site Plan on Aerial
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CURRENT CONDITIONS
Looking at the subject site from Kirby Parkway
Looking north at the Split Oak and Kirby Parkway Intersection
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Looking south at the Split Oak and Kirby Parkway Intersection
Looking north at the ivy Meadow and Kirby Parkway Intersection
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Looking south at the ivy Meadow and Kirby Parkway Intersection
Proposed area of northern street closure and turn around area
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Proposed area of southern street closure and turn around area
Current entrance and guard station into Kirby Pines Estates
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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:
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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
Pines development security entrance.
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D. AREA 4 – Uses permitted, by right, shall include common open space, passive recreation, and Kirby
Pines development security entrance.
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.
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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:
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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:
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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.
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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.
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Application
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Letter of Intent
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Letters of Support
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