Agenda Number: PC 14-40
Meeting Date: December 4, 2014
REPORT TO THE PLANNING COMMISSION
SUBJECT: Shelby East Subdivision Lot 2, Discount Tire Store Request approval of a Conditional Use Permit (CUP) for a 7,373 square
foot auto repair garage/tire sales and service use on 1.41 acres located on
the south side of Poplar Avenue east of the Maynard Way intersection.
1.
2.
INTRODUCTION: Jennifer Peregoy, with Kimley Horn & Associates,
on behalf of Don Thrailkill with Discount Tire Company, is requesting a
recommendation of approval from the Planning Commission (PC) for a
7,373 square foot auto repair garage/tire sales and service use at the
southeast corner of Poplar Avenue and Maynard Way. The site is zoned
GC (General Commercial) which allows commercial uses and is
surrounded by vacant land and a trailer park (south), Aldi Food Store
(west), Panda Express and Walmart (northwest), Dignity Memorial
Funeral Home (north), and a physician’s office (east).
3.
4.
5.
EXHIBITS
Cover Letter and response to 6Prong CUP Test (rec’d 11/18/14)
Site Layout Exhibits & Architectural
Renderings (rec’d 11/18/14)
Site photos (taken 11/12/14)
Applicant’s Response to Staff’s
11/11/14 DRT Comments
Traffic Analysis (dated 10/14/14)
KEY QUESTIONS: The Planning Commission may find the following
questions helpful when considering this CUP application:
1. Can adjacent residential uses be buffered from this use? Yes. A
combination of fencing and landscaping will help buffer the use from
adjacent residential although removal of the existing trees will
demolish the existing buffer in the short term. To further ensure the
impacts to adjacent property are minimal, Condition 5 will limit the
hours of operation to 7AM to 7PM Monday thru Saturday.
Furthermore, Condition 4 has been added to prohibit outdoor storage
and display which could adversely impact adjacent residential
properties. The applicant has agreed to adding a shadowbox fence
within the 20 foot buffer along the south property line (see Exhibit 4).
2. Can the franchise architecture be modified to meet Collierville Design Guidelines? Yes. Exhibit 2 indicates
the applicant’s intent to meet the Town’s Design Guidelines with regards to architecture. A requirement for the
CUP, Condition 3 requires that the applicant sufficiently address the staff’s comments indicated in Exhibit 4
related to the pending Final Site Plan.
3. To what extent will this lot be connected (vehicular/pedestrian) to the surrounding area? Vehicular
connections are provided and shared with Aldi to the west and a physician’s office to the east which allows the 3
projects access to the 4-way signal at the intersection of Poplar Avenue and Maynard Way. As indicated in the
applicant’s responses in Exhibit 4 the sidewalk along the west entry drive will be extended to the south property
line to allow for a pedestrian connection to the adjacent vacant property likely to be redeveloped.
DISCUSSION/ANALYSIS: The applicant has provided a cover letter and responses to the 6-Prong Test for a
conditional use permit (Exhibit 1) to provide an introduction for the project. The Site Layout Exhibits (Exhibit 2)
indicate the applicant intent to develop the property. The applicant’s cover letter indicates that the store will only sell
and change tires and will not perform any other automobile repair service such as brakes, shocks, or batteries and
that they will not be handling hazardous waste such as oil or antifreeze. See Exhibit 3 for photos of the site and
adjacent properties. A pending Final Site Plan application is under administrative review and staff comments were
issued on November 11, 2014. Comments from that pending Site Plan Application along with the applicants
responses are included (Exhibit 4). The administrative review will require the applicant to meet the Town’s bulk
regulations such as setbacks, open space, floor area ratio, and parking as well as the intent of the Design Guidelines.
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The conditions of approval in the example
motion will help mitigate any off-site impacts
per the intent of the CUP Criteria. Table 1
indicates a Site Plan Data Summary of the
sites bulk requirements which have been met.
Access, Circulation, Traffic, & Stormwater:
Vehicular access from of Poplar Avenue has
been provided via ingress/egress easements at
two locations, one shared with Aldi and the
other shared with a physician’s office. The
building will connect to Poplar Avenue to the
north and the applicant has agreed to extend
the sidewalk to the south property line to
provide a future pedestrian connection to
residential property (Exhibit 4). According to
the traffic analysis (Exhibit 5) the proposed
use will generate 182 daily trips. Stormwater
from the parking area and roof drains will be
directed into an underground detention basin
located under the rear parking lot.
TABLE 1 SITE PLAN DATA SUMMARY
Shelby East Subdivision Lot 2, Discount Tire Store
Zoning District
GC General Commercial
Site Area
1.41 acre+ (61,273 sq. ft.)
Parking Requirements
Minimum allowed (1/200 sq.ft.)
37
Proposed Parking
37 (includes 2 h/c spaces)
FAR (Building Area 7,373 sq. ft.)
Maximum FAR allowed
25%
Proposed FAR
12%
Open Space
Minimum open space required
30%
Open space provided
38%
Building Height
Maximum allowed
50’
Proposed
26’ (parapet) 31’-6” (accent)
Setbacks – Required
Setbacks – Proposed
Front: 40 ft. (Poplar)
Front: 53.3 ft. (Poplar)
Side: 10 ft.
Side: 46.5 ft. (west)
Rear: 30 ft.
78.1 ft. (east)
Rear: 129 ft.
Site Layout, Buffers, & Screening: The design places the building along Poplar Avenue with parking and garage
doors for the service bays located behind the building. No outdoor storage or display is requested and proposed trash
enclosure, constructed of masonry to match the building, will be located at the southeast corner of the building. The
applicant will exceed the required front buffer of 40 feet along arterial roads. Furthermore the applicant will provide
the required 20 foot buffer, including fencing and landscaping, to screen the site from and residentially zoned
property to the south. Because of the proposed grading, the applicant will be removing many of the trees along the
south property line. This existing natural buffer will be replaced with the fence and required landscaping. Tree
mitigation will be required for any trees removed over 8 inches in caliper. The pending Final Site Plan application
will require screening of appurtenances, utility structures, and parking (see Exhibit 4).
Landscaping and Lighting: An illustrative landscape concept plan has been provided for review with the Conditional
Use Permit (see Exhibit 2). Most of the perimeter of the site is heavily landscaped including the 20 foot buffer
mentioned above which will contain upright evergreen shrubs, deciduous trees, and a fence with masonry columns
50 feet on center (see DRT Comments – Exhibit 4). The landscape plan indicates adequate foundation plant
materials along the Poplar Frontage of the building as well as parking lot and trash enclosure screening. Utility
structures, HVAC units, transformers, backflow preventers, and other services will be required to be screened.
Architectural Design: The elevation renderings provided (Exhibit 2) indicate primarily a brick façade. Functioning
as well as spandrel windows are included in the façade to provide maximum interest from Poplar Avenue and the
garage doors are located on the rear of the building and cannot be seen from Poplar Avenue. Articulation of the
façade and roof line has been provided in order to break up the mass to match the character of surrounding properties
(Aldi and Panda Express) and to provide an attractive gateway into the historic district. A major component of the
facade articulation is the use of metal canopies above windows and doors as well as metal awnings above the garage
doors. The three (3) double-car overhead doors on the south side incorporate glass into the doors to provide interest.
No mechanical units, meters, vents or other appurtenances are shown on the elevations; appurtenances will be
required to be located to the rear of the building where possible and screened and/or painted to match the
surrounding architecture. Signs indicated on the plans are not under consideration with this or the pending Final Site
Plan application; all signage will be approved through a separate application process.
Noise: The applicant will be required to comply with the Town’s Anti-Noise Regulations (§ 130.022) (see Condition
6) as there are residential uses south of the subject property. Furthermore, Condition 5 will require the applicant to
limit the hours of operation to 7AM to 7PM Monday thru Saturday.
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Conditional Use Permit: Staff has been working with the applicant on a pending administrative site plan application
to ensure that the design is compatible with surrounding development (see Exhibit 3 for Photos) and minimize any
adverse impacts to adjacent property, a requirement for the 6-Prong CUP Test. See the applicant’s cover letter
(Exhibit 1) for responses to the Grounds for Issuance of a Conditional Use Permit. Condition 3 will require the
applicant to sufficiently address the staff comments indicated in Exhibit 4 ensuring that the CUP requirements to be
consistent with the overall character of existing development in the immediate vicinity and not materially adversely
affect other property in the area. The review of the Condition Use Permit Test is summarized below.
A convenience store with retail fuel sales in GC General Commercial or SCC Shopping Center Commercial zoning
district requires a conditional use permit from the Board of Mayor and Aldermen. A conditional use is a use that
would not be appropriate generally or without restriction throughout the zoning district but which would promote the
public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such
uses may be permitted in such zoning district as conditional uses, if specific provisions are met. Conditional uses
typically meet the purpose and intent of the zoning district but require the approval of the appropriate review body to
ensure that any adverse impacts on adjacent uses, structures, or public services and facilities are mitigated, and any
special requirements unique to that use are addressed. The Planning Commission may:
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recommend approval or denial of a request based on the standards (see below);
recommend additional conditions of approval if findings are citied beyond such generalities as in the interest
of public health, safety and general welfare; and
provide flexibility from the strict application of the zoning ordinance, as circumstances may arise where the
standards of the zoning district are inconsistent with the requirement for compatibility with surrounding
property. A condition may be less restrictive than the standards of the zoning district if the Commission
specifically cites the reasoning for the condition based on compatibility with the surrounding property.
All approved plans, conditions, restrictions, and requirements made part of the approval run with the land.
6-Prong Test for a conditional use permit (General Standards): A conditional use permit shall be granted,
provided the Mayor and Aldermen, with a recommendation from the Planning Commission, finds that the proposed
use:
1. Conforms to all applicable provisions of the zoning district in which it is to be located, unless modified as
part of the conditional use application per §151.310 of Collierville’s Town Code of Ordinances. The
application complies with the provisions of the GC zoning district.
2. Conforms to the Footnotes of §151.021 and the Specific Provisions for Conditional Uses as set forth in
§151.024. The application complies with the Footnotes of §151.021 and none of the special conditions
and specific standards in the Specific Provisions for Conditional Uses as set for in §151.024 apply to a tire
sales and servicing.
3. Is consistent with the overall character of existing development in the immediate vicinity of the subject
property, and will not materially adversely affect other property in the area in which it is located. The design
of the proposed tire sales and service center is consistent with the existing development in the vicinity of
the subject property. Exhibit 2 demonstrates the applicant’s intent to meet the Town’s Design Guidelines
and Condition 3 requires that the applicant sufficiently address the Town’s site plan comments indicated
in Exhibit 4. The 20 foot buffer shall include a shadowbox fence similar to Aldi with masonry columns to
match the building approximately 50 feet on center (see DRT Comments – Exhibit 4).
4. Is generally consistent with the policies of the Collierville Land Use Plan for the parcel or surrounding
neighborhood, including any applicable Small Area Plans. The design of the site and building is generally
consistent with the Collierville 2040 Land Use Plan.
5. Will not adversely affect a known archaeological, environmental, historical or cultural resource. There are
no known archaeological, environmental, historical or cultural resources. Removal of any trees over 8
inches in caliper will require mitigation (see DRT Comments – Exhibit 4).
6. The adequacy of public facilities and services intended to serve the subject property exist, including but not
limited to roadways, transit service, parks and recreational facilities, police and fire protection, hospitals and
medical services, schools, storm water drainage systems, water supplies, and wastewater and refuse disposal.
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Adequate public facilities and services exist to serve the facility. Underground detention is proposed to
capture runoff from the parking lot and building.
NEXT STEPS:
 Board of Mayor and Aldermen (BMA) Approval of the Conditional Use Permit: Once the PC has made a
recommendation, the BMA, on January 22, 2015, will consider the Conditional Use Permit. It should be
noted the exhibits in Exhibit 2 have not been formally reviewed by staff. Approval of the CUP by the BMA does
not include approval of these exhibits.
 Final Site Plan and Development Agreement: Assuming the BMA approves the Conditional Use Permit, the
pending administrative Final Site Plan application shall be revised to address the CUP Conditions and any
Departmental Review Team (DRT) comments which will be followed by a Development Agreement to the
Board of Mayor and Aldermen.
 Construction Plan Review and Certificate of Occupancy (CO): Permits for construction are approved by the
Codes Enforcement Division (901-457-2310). Final inspections and a certificate of occupancy from the Building
and Fire Department are required before the use can occupy the building.
 Sign Application: Signage is fully reviewed through a separate process. Submit sign application(s) prior to erection
of any signage (Sign Ordinance).
PROPOSED MOTION AND CONDITIONS OF APPROVAL: To recommend to the Board of Mayor and
Alderman a request (Exhibits 1) of approval for a Conditional Use Permit (CUP) for a 7,373 square foot auto repair
garage/tire sales and service use on 1.41 acres located on the south side of Poplar Avenue east of the Maynard Way
intersection, subject to the following conditions:
1. This development is subject to all applicable standard conditions of approval as adopted by the Board of
Mayor and Aldermen, Resolution 2006-54.
2. The Conditional Use Permit shall become null and void if the applicant does not enter into a Development
Agreement within one year of the BMA approval of the CUP.
3. The pending Final Site Plan Application shall be modified to substantially address comments in Exhibit 4
prior to a Development Agreement being executed. These comments are based on the versions of the plan
received October 15, 2014. Further comments may be issued upon review of subsequent revisions and prior
to executing a Development Agreement.
4. There shall be no outdoor display or vending or storage visible on the outside of the building.
5. The applicant shall limit the hours of operation to 7AM to 7PM Monday thru Saturday.
6. Any repair activities shall comply with the Town’s Anti-Noise Regulations (§ 130.022) given the proximity
of residential uses.
7. No automobile rental uses shall be permitted at the subject property.
CONTACT INFORMATION:
Applicant
Contact:
Organization:
Address:
Jennifer Peregoy, P.E.
Kimley-Horn
6625 Lenox Park Drive, Suite 117
Memphis, TN 38115
(901) 374-9109
Phone:
Fax:
Email: [email protected]
Owner
Don Thrailkill
Halle Properties
(Discount Tire Company)
Collierville Prime Properties
20225 N. Scottsdale Road
Scottsdale, AZ 85255
(480) 606-5781
(480) 606-4370
[email protected]
Project Planner
R. Scott Henninger, AICP, PLA
(Primary)
Jaime Groce, AICP
Town of Collierville
500 Poplar View Parkway
Collierville, TN 38017
(901) 457-2360
(901) 457-2354
[email protected]
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EXHIBIT 1
EXHIBIT 1
EXHIBIT 2
EXHIBIT 2
NORTH
EXHIBIT 2
NORTH
EXHIBIT 3 Site Photos EXHIBIT 3
The Discount Tire site will be located on the vacant lot between Family Medicine and Aldi Food Store Most trees along the south property line will be removed EXHIBIT 3 Site Photos (Continued) EXHIBIT 3
A shadowbox fence with masonry columns and landscaping will be installed along the south property line Along Poplar Avenue the facade will contain storefront windows similar to the adjacent Aldi Food Store The façade will also contain canopies similar to the Panda Express which is under construction across Poplar Avenue EXHIBIT 4
EXHIBIT 4
EXHIBIT 4
EXHIBIT 4
EXHIBIT 4
EXHIBIT 4
EXHIBIT 4
EXHIBIT 4
EXHIBIT 4
EXHIBIT 4
EXHIBIT 4
EXHIBIT 4
EXHIBIT 4
EXHIBIT 4
EXHIBIT 5
MEMORANDUM
To:
Town of Collierville Planning Division
From: Douglas Swett, P.E.
Date:
October 14, 2014
RE:
Discount Tire, Poplar Avenue at Maynard Way Collierville, TN
Discount Tire is proposing to construct a new 7,373 sf building in Collierville, TN. The proposed site is
1.41 acres at the southeast corner of the intersection of Poplar Avenue and Maynard Way. The site
will have access to Poplar Avenue with a proposed private driveway and a cross access easement to
the existing signal at the intersection of Poplar Avenue and Maynard Way. Per the Town of Collierville
Traffic Impact Study Requirements, a traffic study is required prior to any proposed development to
assess the impact that the development will have on the adjacent road network. The purpose of this
memo is to provide the Average Daily Traffic (ADT) of the proposed Discount Tire store. The trips
were estimated using the procedures outlined in the Institute of Transportation Engineers Trip
Generation Manual (9th Edition). The trip generation data is provided in Table 1.
Land
Use
Code
Land Use Type
848
Tire Store
Table 1 - Trip Generation
Daily trips
AM Trips
Intensity
Total Trips Trips
(SF)
Total
In
Out
7,373
182
21
13
8
PM Trips
Total Trips
Trips
In
Out
30
13
17
The proposed use generates 182 daily trips which falls into the Level I (0 -750 ADT) traffic impact
study category per the Town of Collierville Traffic Impact Study Requirements. If requested by the
Town of Collierville, a more detailed traffic study analyzing the proposed driveway and existing
signalized intersection can be prepared and submitted.
Please contact me at (901) 374-9109 or [email protected] should you have any
questions.
kimley-horn.com
6625 Lenox Park Drive, Suite 117, Memphis TN 38115
901 374 9109