Agenda Number: PC 15-10 Meeting Date: May 7, 2015 REPORT TO THE PLANNING COMMISSION SUBJECT: Collierville Auto Center – Request approval of an amendment to the 2013 Conditional Use Permit for an auto dealership located on 0.76 acres at 651 W. Poplar Avenue to include the 2.34 acre property located at 615 W. Poplar Avenue and to also allow an automobile repair/garage use at 615 W. Poplar Avenue. INTRODUCTION: Mr. Jeff Blackledge (Architecture Studio) representing Mr. Joe Underwood and Mr. Mike Hamby (Collierville Auto Center), is requesting a recommendation of approval from the Planning Commission (PC) for an amendment to the 2013 Conditional Use Permit for an auto dealership located on 0.76 acres at 651 W. Poplar Avenue to include the 2.34 acre property located at 615 W. Poplar Avenue and to also allow an automobile repair/garage use at 615 W. Poplar Avenue (615 W. Poplar Avenue is owned by Stanley Trezevant but leased to the applicants). The site is located at the southeast corner of US 72 and TN 57 (Poplar Avenue). The site is zoned GC (General Commercial) which allows commercial uses. Surrounding property includes a Bank (east), O’Charley’s (north), Dees Oil (west), and Raleigh Tire (south). 1. 2. 3. 4. 5. 6. EXHIBITS Cover Letter (04/24/15) CUP Test Responses (04/24/15) CUP Exhibits (rec’d 04/24/15) a.Plan and Elevation Exhibits b. Lease for 615 W. Poplar c.Lease for 651 W. Poplar Existing site photos (taken 04/22/15) DRC Worksession Minutes (04/09/15) PC Meeting Minutes (02/07/13) ISSUES: The Planning Commission may find the following questions helpful in determining the request to amend the 2013 CUP to allow auto sales and repair/garage use at 615 W. Poplar Avenue: 1. How does the current request differ from the original approval and the 2013 request? On February 7, 2013, the Planning Commission recommended approval of, and on February 25, 2013 the Board of Mayor and Alderman (BMA) granted, a CUP for an auto dealership at 651 W. Poplar Avenue (see comparison table below). The amended CUP would also permit an auto dealership at 615 W. Poplar Avenue as well as an auto repair garage use. Original 2013 CUP 2015 Request What is the use for 651 W. Poplar? Auto Sales Auto Sales What is the use for 615 W. Poplar? Vacant The applicant originally requested use of this property but the PC recommendation only included 651 W. Poplar Auto Sales and Repair/Garage What is the acreage What was the lease term for both properties? 0.76 acres (651 W. Poplar only) 651 W. Poplar: 5 years initially with (4) 5 year renewables (an additional 20 years). 615 W. Poplar: 90 days (excluded from final CUP approved by BMA) 3.10 acres: 0.76 ac. 651 W. Poplar & 2.34 ac. 615 W. Poplar 651 W. Poplar: 5 years initially with (4) 5 year renewables (an additional 20 years). 615 W. Poplar: 8 years initially with (3) 5 year renewables (an additional 15 years to match the term of 651 W. Poplar) 1 EPA Clean Up of the Site Unknown at the time to the applicant US Highway 72 Widening Under Construction 651 W. Poplar Avenue is currently under treatment for petroleum groundwater contamination from the prior gas station use Widening Complete (including bike lanes, sidewalks, decorative pedestrian islands, crosswalks, and mast arm traffic signals) 2. What has changed in the area? A new entrance and improved parking lot in City Center Shopping Center, Panda Express has opened, Collierville Auto (651 W. Poplar) has improved the corner), and an O’Reilly Auto Parts Store is planned nearby. Non-conforming sites are being brought up to current standards incrementally to maximum extent practical. These private investments are coming soon after the significant public investment by the Town and State for the US 72 widening. 3. How will exterior site and building improvements be phased? 651 W. Poplar Avenue – the existing Collierville Auto Site Phase 1 was finished and includes building, parking, and site improvements along Poplar Avenue. Phase 2 will complete improvements along US Highway 72 by fall of 2015. 615 W. Poplar Avenue – the pending Collierville Auto Site Phase 3 will include building, parking, and site improvements along Poplar Avenue to be approved by a pending administrative Site Plan Modification application. Phase 4 will require a future Site Plan Modification application for fencing, paving, and other parking improvements behind (to the south) of the building before it can be used for auto sales or repair related activities (see Condition 5). The site will need to continue to meet the 30% pervious open space requirement as well as the parking requirements. TABLE 1: SITE PLAN DATA & BULK REGULATIONS Collierville Auto Center Zoning District GC - General Commercial Proposed Principal Use Used Automobile Sales Site Area 3.11 acres (both parcels) Building Size 24,431 sq. ft. (both parcels) Nonconforming site: The building at 651 West Parking Requirements 123 (1:200) Required Poplar was built in 1983 as a gas station and 125 spaces (paved) Provided convenience store, prior to the current form of Existing non conforming buildings the Design Guidelines. The former gas station Floor Area Ratio Pervious Area was converted in 2013 to an upscale used car 30.0% Minimum required sales center. The 615 West Poplar site was 30% (615 & 651 W. Poplar combined) Existing built in 1949 as a car dealership and remained 34% (615 W. Poplar) Proposed a dealership until Murdock Motors closed in No change (existing buildings) 1997. Other retail uses followed but the Building Height Setbacks Existing non conforming buildings building has been vacant since 2002 when our records indicate that the last non-temporary occupant was Easy-Way Produce. DISCUSSION: The applicant has provided a cover letter (Exhibit 1) to provide an introduction for the project. The Bulk Regulations are summarized in Table 1 to the right. Section I.H.3 of the Design Guidelines acknowledges that commercial developments “typically found along the Poplar Avenue corridor and other older sections of Collierville outside of the historic district core…predate the current vision of the Town and are frequently on smaller sites” and that “opportunities for meeting current requirements are limited due to small lots, minimum setbacks…and bland architecture.” This section also acknowledges that “many of these areas have been slowly undergoing improvements” and that the intent of the Design Guidelines is “to provide guidance for new uses, or designs, or adaptations” that can “serve the function of the area and needs of individual property owners.” Section I.F of the Design Guidelines says the “Development Director or his/her designee may administratively approve certain types of applications, or certain elements within an application, but only if they are materially consistent with these guidelines,” which includes “minor revisions to 2 approved architectural elements, such as doors, lighting, roofing materials, building materials, paint color, shutters, and windows.” In summary, the proposed improvements (Exhibit 1 & 3), will bring the site closer into conformance with the intent of the Design Guidelines. The 615 W. Poplar Avenue Building (originally constructed in 1949) has a similar history and Condition 5 will require upgrade of that site if the used auto sales expand operations or pave the rear parking area. Site Layout (Exhibit 3): The Final Site Layout Plan includes the site An administrative Site Plan Modification data, footprint of the building, parking, and open space. The frontage is pending and will address several major 615 W. Poplar Avenue property is different from 651 W. Poplar staff concerns including: Avenue in that there is an additional 10’ of right-of-way for the site Repair of the parking lot to be added. That 10’ area is currently landscaped but the applicant Sidewalk connection to the building will be removing the existing hedge and replacing it with plant Curb cut consolidation/reduction material similar to 651 W. Poplar (see Exhibit 4 - Site Photos). The Façade enhancements minimum 40 foot front yard open space, as required by the Design Cosmetic building repairs (paint, Guidelines and CUP Provisions, will not be provided due to the sites roofing, windows, doors) existing non-conforming condition; however, the pending site plan Landscaping (beds, trees, & shrubs) modification application will request the applicant to provide at least Exterior lighting upgrades 3 feet of open space outside of the Poplar Avenue right-of-way in order to keep most plantings out of the right-of-way. Both sites currently have an approximately 10’ wide landscape area between the Poplar Avenue sidewalk and the parking lots the only difference is that 615’s is within the right-ofway. For the original CUP, the applicant’s cover letter requested relief from any masonry wall requirements based on the site’s grade which are well below the grade of US 72 but that is an issue for a future application. The open space requirement will be met, with over 34% of the new site indicated as pervious area. Off-Street Parking and Loading (Exhibit 3): The Zoning Ordinance states that “The maximum number of permitted parking spaces shall be based upon a ratio of one parking space per 200 square feet of gross building area with the exception of auto dealerships, places of assembly and those permitted and conditional land uses that have a minimum parking space requirement that is less in which case the minimum parking space requirement shall also serve as the maximum parking space requirement. Auto dealerships shall be permitted one additional parking space per 125 square feet of gross building area for customer parking and vehicle storage areas completely concealed from public view with a masonry brick wall. All parking areas shall be striped and all vehicles shall be parked within designated parking spaces.” Condition 3 will require that the applicant to delineate these areas on the plan. Condition 4 requires that guest parking be located to the east of the building in off-site spaces that cannot be used for auto sales and repair and can only be used for guest and employee parking. Condition 5 will require that before the rear parking area is paved and striped for additional parking that a Site Plan Modification Application is submitted to the Town for review. A masonry fence or evergreen hedges may be required to screen the additional parking area, at least 30% pervious area must be maintained for the property, and the parking ratio shall not exceed 1:200sf + 1:125 sf. Access Control, Vehicular Mobility, Circulation, and Traffic Impact (Exhibit 3): There is one existing access point off of Poplar Avenue for 651 W. Poplar and two existing curb cuts off of Poplar Avenue for 615 W. Poplar. The applicant is proposing cross-access between the two properties to the rear of the building at 651 W. Poplar and is also considering access between the properties to the front of the building (see Condition 8 regarding need for ingress/egress easements). The applicant is proposing to park only display vehicles due to concerns about parking access in front of the building. The Town Engineer did not require a traffic study because the traffic impact would be low and no such study was required for the original CUP. The applicant will be removing a pine tree and an existing hedge that effect the site lines along Poplar Avenue. The plantings will be replaced with appropriate plantings in locations that improve site lines when exiting the site onto Poplar Avenue. Stormwater Drainage and Water Quality (Exhibit 3): Stormwater will continue to sheet flow from the site into inlets along Poplar Avenue. The applicant is proposing to add additional planting beds in the front and side yards which 3 will increase in pervious open space and likely decrease runoff. No detention is indicated on the plans and the Town’s Engineering Division agrees that no detention is needed until the applicant paves the rear parking area (see Condition 5). Design Elements: The following are preliminary staff comments related to design elements. These aspects of the Preliminary Site Plan are related to the Conditional Use Permit. Conditions have been added that should address the requirements of the Conditional Use Permit. Architectural Character (Exhibit 3): No additional building construction is proposed with this application. Exterior improvements will be added to the front portion of the building at 615 W. Poplar to enhance the non-conforming building which will match many of the elements on the existing building at 651 W. Poplar (see Exhibit 4 – Site Photos). The DRC was receptive to the proposed façade enhancements that were presented at a work session on April 9, 2015. The front elevation indicates the location of the signage which will be reviewed administratively by staff once sign applications are submitted. Landscaping & Lighting (Exhibit 1, 3): As indicated by the cover letter, similar landscape and lighting enhancements are proposed to the 615 W. Poplar Avenue site as were installed along the Poplar Avenue frontage for the 651 W. Poplar Avenue Site (see Exhibit 4 – Site Photos). Additional planting beds will be provided around the foundation of the building to provide more interest. The existing hedge and pine tree which effects the site lines along Poplar Avenue will be removed and replaced with similar planting materials was planted at 651 W. Poplar Avenue. Staff review of the site plan will ensure that adequate landscaping has been provided. Additional landscaping will be required and 30% open space maintained at 615 W. Poplar Avenue when the rear parking area is paved (Condition 5). CONDITIONAL USE PERMIT: The proposed auto dealership must adhere to the standards set forth by the zoning ordinance. The applicant has provided responses to the test in Exhibit 2. Specific provisions for auto dealerships are listed below along with applicant request and staff comments: Conditional Use Permit Test: 1. Conforms to Prevision of Zoning District (assumes storage only No Vehicle Servicing, Detailing Bays, and No Subdivision of Property) The nonconformities to the zoning district listed below: It is reasonable for a legal non-conforming site to have a reduced front yard open space (typically 40’ along arterial roads) due to site constraints, existing legal nonconformity, and scope of proposed improvements. They do not plan to make the buffer more shallow. Maximum parking spaces allowed is calculated using the 1 per 200 building square footage rule. Auto dealerships are allowed 1 extra space per 125 building square footage if parking is screened with an opaque masonry wall. Since no opaque masonry wall is provided for screening, 123 parking spaces are required. Staff agrees that layout is reasonable due to its nonconformity and further improvements can be made later. The existing building does not meet the required 40-foot building setback. The 30-foot setback is a legal nonconformity and can remain. A 10 foot required landscape buffer from GC to GC is typically required. No landscape buffer is provided to adjacent property which is reasonable due to existing legal nonconformity and a parking agreement between the applicant and the adjacent property owner to the east. Future site improvements and possible site plan modifications will be triggered/required if the applicant intends to the rear of the site which is currently a gravel parking lot (Condition 5) or if additional accessory uses are added to either property (Conditions 2). 2. Does use conform to the footnote of §151.021 and specific provisions of §151.024? Special provisions in §151.021 and §151.024 apply to new car dealerships only. 4 3. Is the use consistent with the overall character of the existing development in the immediate vicinity? Will the use have an adverse effect on the other property in the area? Use is consistent with over all character and existing development in immediate vicinity. Upgrades to site will enhance the area. 4. Is the use generally consistent with the policies of the land use plan? The Town’s land use plan indicated the subject should be developed per Suburban Commercial Place Type Policies. Auto Sales and Auto Repair Uses are consistent with this Place Type. 5. Will the use adversely affect a known archaeological, environmental, historical, or cultural resource? There are no known resources on this site or in the immediate vicinity. 6. Are there adequate public facilities and services for the proposed use? The existing site contains adequate services for the proposed use. NEXT STEPS: Board of Mayor and Aldermen (BMA) Conditional Use Permit Review: The BMA will consider the Conditional Use Permit amendment based upon the recommendations of the PC. The BMA is tentatively scheduled to hear this application on May 26, 2015. Site Plan Modification/Exterior Alterations: Once the pending Site Plan Modification/Exterior Alteration is finalized and complies with any CUP Conditions, the applicant may proceed for a development agreement. Complete a Development Agreement Information Sheet to expedite the process. Depending on the information provided you may be eligible for an administrative Development Agreement. Building Construction Plan Review: The Codes Enforcement Division is responsible for the construction plan review phase and that Division ensures that the construction plans match the approved Final Site Plan (building placement, architecture, lighting, etc.). The Codes Division schedules the Preconstruction Meeting (before Building Permits are issued) only after the Development Agreement is approved and only after final plans are approved. Since this stage can begin before the Final Site Plan review by the DRT is completed, applicants are encouraged to submit construction plans to the Codes Enforcement Division for one non-binding courtesy review. The ability of the Codes Division to perform such a courtesy review is based on plan volume. PROPOSED MOTION AND CONDITIONS OF APPROVAL: To recommend to the Board of Mayor and Alderman a request (Exhibit 1) of an amendment to the 2013 Conditional Use Permit for an auto dealership located on 0.76 acres at 651 W. Poplar Avenue to include the 2.34 acre property located at 615 W. Poplar Avenue and to also allow an automobile repair/garage use at 615 W. Poplar Avenue. 1. Approval for Auto Sales and Auto Repair for 615 W. Poplar Avenue shall be null and void if the applicant has not entered into a Development Agreement with the Town for proposed site improvements to 615 W. Poplar Avenue within 90 days of the granting of the CUP amendment. 2. This CUP does not permit auto-body repair. 3. The Site Plan Modification shall delineate inventory, employee, and customer parking as required by the Zoning Ordinance. 4. The off-site spaces east of the building and cannot be used for auto sales and repair. 5. The gravel area on the south side of 615 W. Poplar Avenue cannot be used for customer/employee, inventory, or auto repair parking unless there is a Development Agreement for a new Site Plan Modification that corrects site non-conformities to the maximum extent practical related to buffers, paving, striping, drive isles, landscape islands, lighting, and detention. 6. Auto Sales can happen on parcels C0244 00349C (615 W. Poplar) and C0244 00351 (651 W. Poplar). 7. Auto Repair can happen on parcel C0244 00349C (615 W. Poplar) only. 8. Include the documents requested in the pending Site Plan Modification/Exterior Alteration application: 5 a. Reciprocal Agreement: Provide a reciprocal ingress/egress and parking easement agreement between 651 and 615 Poplar Avenue to correspond with the proposed access between the sites. b. Off-site Parking Agreement: Provide an off-site/shared parking and access agreement between the 615 Poplar Avenue and the property to the east owned by Barretville Bank and Trust. This site is not part of the pending CUP amendment and cannot be used for auto sales or repair. c. Entire Campus: Revise the documents to include 651 Poplar in the modified set, showing phasing of the site improvements. CONTACT INFORMATION: Applicant Contact: Organization: Address: Phone: Fax: Email: Contact: Organization: Address: Phone: Fax: Email: Joe Underwood & Mike Hamby Collierville Auto Center 220 South Center Street Collierville, TN 38017 (901) 853-0240 Applicant (Owner’s Representative) Project Planner [email protected] Owner 615 W. Poplar Avenue Stanley (Trip) Trezevant Trezevant Enterprises 7092 Poplar Avenue Germantown, TN 38138 (901) 753-5900 R. Scott Henninger, RLA (Primary) Jaime W. Groce, AICP Town of Collierville 500 Poplar View Parkway Collierville, TN 38017 (901) 457-2360 (901) 457-2354 [email protected] Owner 651 W. Poplar Avenue Robert and Linda Spillyards Town of Collierville P. O. Box 38874 Germantown, TN 38138 (901) 409-8536 [email protected] [email protected] Jeff Blackledge Architecture Studio 163 North Evergreen Memphis, TN 38104 (901) 305-4659 6 EXHIBIT 1 EXHIBIT 1 EXHIBIT 2 EXHIBIT 3a EXHIBIT 3a EXHIBIT 3a EXHIBIT 3a EXHIBIT 3a EXHIBIT 3a EXHIBIT 3a EXHIBIT 3a EXHIBIT 3a EXHIBIT 3a EXHIBIT 3a EXHIBIT 3a EXHIBIT 3b EXHIBIT 3b EXHIBIT 3b EXHIBIT 3b EXHIBIT 3b EXHIBIT 3c EXHIBIT 3c EXHIBIT 3c EXHIBIT 3c EXHIBIT 3c EXHIBIT 3c EXHIBIT 4 EXHIBIT 4 SITE PHOTOS (615 W. Poplar Avenue) 615 W. Poplar Avenue front (north) façade (ramp to be removed) East side of 615 W. Poplar with off‐site parking on the left EXHIBIT 4 EXHIBIT 4 (CONTINUED) SITE PHOTOS (615 W. Poplar Avenue) Poplar Avenue frontage showing the existing hedge and front parking at 615 W. Poplar West side of 615 W. Poplar showing the vehicle display parking area EXHIBIT 4 EXHIBIT 4 SITE PHOTOS (651 W. Poplar Avenue) The improved front façade of 651 W. Poplar facing west towards the intersection of Poplar and US 72 The upgraded parking area for 651 W. Poplar along the Poplar Avenue frontage EXHIBIT 4 EXHIBIT 4 SITE PHOTOS (651 W. Poplar Avenue) The east façade of 651 W. Poplar with a portion of the 615 W. Poplar parking area in the foreground EPA groundwater cleaning units north of 651 W. Poplar adjacent to where cross‐access will be provided EXHIBIT 5 A worksession of the Design Review Commission was held on April 9, 2015, at 5:00 pm in the Development Conference Room of Town Hall, 500 Poplar View Parkway. The following staff members were present: Town Planner, Mr. Jaime Groce; Assistant Town Planner, Mrs. Nancy Boatwright; Planner, Mr. Scott Henninger; and Administrative Specialist, Sr., Mrs. Shari Michael ROLL CALL: Allen – present, Doss – present, Johnson – absent, Sarrio – present, Lesnick –present, McCarty – present, Compeau- present. Quorum present. Chairman Doss called the worksession to order and welcomed the commissioners, especially, Mrs. Compeau who is returning to the DRC, and Mrs. Linda Lesnick who is a new member this year. He asked Mr. Scott Henninger to introduce the applicants. Mr. Henninger stated that Mr. Jeff Blackledge representing Collierville Auto center was here this evening with ideas for changes to the building adjacent to the applicant’s current building. The applicant will be requesting a modification to their CUP to allow them to expand their operation next door at 615 W. Poplar Avenue, and they will still maintain the dealership at their current location at 651 W. Poplar Avenue. Mr. Blackledge explained that they are basically taking two pieces of property and blending them together. They will use the same kind of board and batten, colors, and wood columns like what is on the current building. There is a lot of glass on the front of the building, which was originally used as a showroom, but they will try to remove the amount of glass, but still have it open so that you can look in and see some cars. They will use the same colors as next door, and the same lighting features. There is a larger overhang roof and they will install some wood brackets underneath to add some architectural features. The landscaping will match what has been previously done but they will be increasing it on the left side of the building in order to break up that huge wall. Mr. Henninger asked Mr. Blackledge to elaborate on the frontage toward Poplar Avenue. Mr. Blackledge explained that they will be taking out the hedgerow along the front and they will continue with the rhythm of the landscaping plan which is in place to the adjacent property. They are going to take replace the glass on the storefront and bring down the siding, replace that with rectangle windows and create a nice rhythm with wood columns and natural stained wood brackets. The ramps and handrails will disappear and there will be a small planting bed in its place. Mr. Henninger stated that there will be some small changes to the parking lot. Mr. Blackledge explained that they will take out a ten-foot section of asphalt next to the large wall on the east side of the building. They will plant trees and foundation plantings to break up that façade. The light poles throughout the site will match what is next door. The signage has not been fully designed yet but it will also match what they have next door. A discussion ensued regarding the plants to be included in the landscaping beds around the building. Mr. Mike Hamby, owner of Collierville Auto Center, explained where the pine trees will be located and DRC 4-9-15 1 EXHIBIT 5 how they will landscape around the east side of the building. Lighting can enhance the building a lot as well and they intend to place all the lighting to that effect. A discussion ensued regarding the condenser and compressors which are currently outside, and they will be moving that equipment inside the building, and breaking up the huge east wall and possibly use taller plantings in the landscape beds to help create a breakup. Discussion ensued regarding the current garage doors which will be the doors to their shop. They will either paint them two shades different than the building or use doors with some glass features. It was the consensus of the commissioners that they would like to see as much done as possible in order to improve this highly visible nonconforming property. Hearing no further discussion, Chairman Doss adjourned the worksession at 5:25 pm _____________________________________________________________________________________ The regular meeting of the Design Review Commission was held on April 9, 2015, at 5:30 pm in the Board Chambers of Town Hall, 500 Poplar View Parkway. The following staff members were present: Town Planner, Mr. Jaime Groce; Assistant Town Planner, Mrs. Nancy Boatwright; Planner, Mr. Scott Henninger; and Administrative Specialist, Sr., Mrs. Shari Michael. ____________________________________________________________________________________ ROLL CALL: Allen – present, Doss – present, Johnson – absent, Sarrio – present, Lesnick –present, McCarty – present, Compeau- present. Quorum present. ____________________________________________________________________________________ Election of Officers Chairman Doss explained that the commissioners would need to elect a Vice-President and a Secretary for the year 2015. The Bylaws note that the Town Planner serves as the Secretary for the commission and he defers that duty to Administrative Specialist, Sr. Mrs. Shari Michael. She has served this position for several years and has agreed to continue in that capacity, if the commissioners would like this to continue through 2015. He called for a motion to nominate a Vice-President. Motion by Commissioner Compeau, and was seconded, to nominate Commissioner McCarty to serve as Vice-President for 2014. Hearing no further nominations, Chairman Doss closed the nominations and asked to Mrs. Michael to call the roll. ROLL CALL: Allen – yes, Doss – yes, Sarrio – yes, Lesnick – yes, McCarty – yes, Compeau- yes. Motion Approved DRC 4-9-15 2 EXHIBIT 6 Formal Agenda: PC13-04 – Collierville Auto Center – Request approval of a Conditional Use Permit for a 3,180 square foot building for an auto dealership to be located on 0.76 acres at 651 W. Poplar Avenue and 2.34 acres located at 615 W. Poplar Avenue. Mr. Scott Henninger gave the staff presentation based on the staff report. He explained that applicant, Mr. Joe Underwood, owns Collierville Auto Center and it is currently doing business at 220 South Center Street near the Town Square. He has purchased the property at 651 W. Poplar Avenue and would like to move his auto sales business to this piece of property. The properties are zoned GC: General Commercial and this use would require a Conditional Use Permit (CUP) for an auto dealership as it is a non-conforming site. The adjacent property, 615 W. Poplar Avenue, is currently owned by Trezevant Enterprises, is vacant, has a large building located toward the front of the lot and has a large vacant parking lot on the southwest side. The applicant would like to use part of this back vacant parking lot to store EXHIBITS vehicles that he will have for sale. The owner of the property is not willing to sell this area to the applicant, but has offered a 90 day 1. Cover Letter (rec’d 01/22/13) 2. CUP Exhibits (rec’d 01/22/13) renewable lease on the 615 W. Poplar Avenue site. The chain link a. Existing Conditions fence currently around this area will be removed by the applicant, b. Site Layout w/ Plan Data and they are proposing to install large amounts of landscaping to c. Illustrative Site Plan berm the area. The applicant is proposing to make minor cosmetic d. Elevations improvements (painting, roofing, windows and doors) to the current 3. Existing site photos (taken 01/30/13) building located at 651 W. Poplar Avenue, but is proposing a large landscaping buffer along the frontage of Highway 72 and Poplar Avenue. The applicant has requested relief from some requirements due to the sites non-conformity and the 90 day lease. The Conditional Use Permit test was reviewed and staff believes that the applicant has sufficiently addressed special conditions based on the site improvements proposed for this non-conforming site. The plan data was reviewed and he showed elevation renderings and explained the proposed landscaping and curb cut reductions. Street trees are proposed to be located along the street frontages and evergreen hedges will soften view of the parking lot. Planter pots near the front corners of the building and shrubs will be located along the east side of the property. Chairman Jamieson asked if there were any questions of staff. Commissioner Rozanski asked about the 90 day lease on the 615 W. Poplar property and whether or not the bulk regulations will be met it and on the 651 W. Poplar property with the 30% open space requirement if it is strictly limited to the corner lot. Mr. Henninger explained that the greenspace will be almost double what it is now on the 651 W. Poplar property and it will remain the same on the 615 W. Poplar property. Commissioner Priester asked if he understands correctly, there are no improvements to be made on the 615 W. Poplar building with no screening to be put back there and what happens to the 90 day lease when the time is up? Mr. Henninger stated that they will have a chance to renew another 90 day lease with the 615 W. Poplar owner. Improvements will only be made to 615 W. Poplar if they expand further into the front parking area. Alderman Worley asked if once you grant someone a CUP and they move out, does that permit expire after a year? 2-7-13 3 EXHIBIT 6 Mr. Groce explained that the CUP approval runs with the land and there are some non-conforming use issues with the proposals. They could transfer this CUP to another dealership and someone else could come back in and there is no expiration date on the CUP. Alderman Worley explained that when granting a CUP he is looking to have an upgrade to the site. Basically, we will just be moving a dealership onto the property with minimal changes. He has an issue that this is a non-conforming site with no upgrades and on the adjacent lot, it is only for parking used cars and only with a ninety days lease. Mr. Henninger explained that they are improving the landscaping on the 651 W. Poplar property and will be painting and upgrading the doors and windows and upgrading the lighting fixtures. Mr. Groce explained that according to the staff’s conditions, in order for the board to approve the application with the development agreement the approval is null and void if they don’t make the improvements to 651 W. Poplar as proposed. There was a brief overview discussion regarding the CUP test. Mr. Groce explained that the Suburban Commercial place type in the Land Use Plan does allow car sales in that particular corridor and it is and appropriate use for the area. The applicant will have to meet the Design Guidelines regarding the landscaping and the buffers to be installed for screening of the cars. Hearing no further questions or comments, Chairman Jamieson called the applicant to the podium. Mr. Mark Underwood, design professional for the applicant, addressed the commissioners. He explained all the data for each lot separately. He explained that the 651 W. Poplar property is almost wall to wall asphalt right now. They are proposing an additional ten extra feet of landscaping for the 651 W. Poplar property, which will give the 16 feet of a buffer, where there is nothing now. They will extend the sidewalk along the property at the street curb and the landscaping is doubling. The owner of the 615 W. Poplar property will only enter into a 90 day lease. The owner of the dealership sees it as an opportunity to clean up an existing site. They will take the chain link fence down on the 615 W. Poplar site and there will be 40 foot landscape buffers to be in front of the cars. Commissioner Hansen explained that presently there is a “cut-through” problem on the 651 W. Poplar property and he sees this is a good way to stop that problem. This proposal is a good thing in his view. Commissioner Stamps asked if the business was to expand and their lease is renewed will they be able to use the building on the 615 W. Poplar property. Mr. Joe Underwood, owner of Collierville Auto Center, addressed the commissioners. He thanked staff and the commission for all their help in getting their application to the point that it is tonight. It is their intent to take an ugly piece of property and make it prettier. To get to this point today, they have tried to buy the entire piece of property, however, the owners are not willing to sell it to them at this time and all they have been offered is the 90 day renewable lease on the parking lot area. There long term plan is to occupy it all. He would like to create an indoor boutique for displaying the nicer cars they are selling. All they can do now is take the approach that they are taking. Alderman Worley explained that he respects their business and they have done a great job where they are now. He has concerns with the non-conforming site and that fact that another business can come in without improving it. The three month lease is scaring him without the improvements being done. 2-7-13 4 EXHIBIT 6 Commissioner Priester stated that he feels this is a piecemeal approach and we are going to miss an opportunity to improve that lot. He believes that when income starts coming in on that 615 W. Poplar piece of property the owner will be reluctant to do anything else on the property because he has some income coming in on it. They are not going to let you buy it from them. It is his opinion that this is bad policy. A discussion ensued regarding the improvements to be made to the site and the CUP granted on the use of the properties. Commissioner Stamps stated that there are a lot of unknowns right now and once the cash comes flowing in the owner won’t want to sell it. He is going to be willing to let it set there the way it is. Chairman Jamieson asked about the 90 day lease for 615 W. Poplar and if that has been negotiated with the property owner and is ready to be executed if this matter is approved. Mr. Joe Underwood explained that they have negotiated the lease and they will have a stipulation in their lease that the 615 W. Poplar property cannot be sold out from under them. They will be given the first right of passage on their renewable lease or the first right to purchase the property. Hearing no further questions, Chairman Jamieson called for a motion. Motion by Commissioner Rozanski, and seconded to recommend approval with conditions, to the Board of Mayor and Alderman, To recommend to the Board of Mayor and Alderman a request of approval for a Conditional Use Permit (CUP) for a 3,180 square foot building for an auto dealership to be located on 0.76 acres at 651 W. Poplar Avenue and 2.34 acres located at 615 W. Poplar Avenue with the following conditions: 1. This CUP for auto sales at the subject property shall be null and void if the applicant has not entered into a Development Agreement with the Town for proposed site improvements to 651 W. Poplar Avenue within 1 year of the granting of the CUP. 2. The CUP allows for used auto sales on 615 W. Poplar Avenue only in the parking areas depicted by Exhibit 2c. The remainder of the 615 W. Poplar Avenue site and/or the building shall not be used for used auto sales unless a development agreement has been approved by the Town for upgrades to both the building and entire site of 615 W. Poplar Avenue to substantively meet the Town’s Design Guidelines. Use of the building and the remainder of the site per uses allowed in General Commercial (GC) shall meet mining parking requirements of § 151.117 Zoning Ordinance. 3. Exhibit 2c shall be revised to show the building and remaining parking of 615 W. Poplar Avenue as “Phase 2” and denote verbatim Condition 2 on the exhibit. Commissioner Rozanski stated that he believes the applicant is meeting the CUP test. The business is consistent with the adjacent businesses. The applicant is the one taking the risk. The Town is still getting that corner piece of property improved. The dealership has been in Collierville for a long time and the business seems to be stable. He would have a hard time voting against it. Commissioner Hansen stated that he doesn’t disagree with Commissioner Rozanski, but he has issues with the 615 property. Under the CUP test, the statement that talks about “will it have an adverse effect on adjacent property in the area”, he feels that there may not be a direct adverse effect, but there is always a potential adverse effect when you start to “piecemeal” zoning and uses of property in such a visual area. He has concerns with that issue. He has no problem with the 651 W. Poplar property. 2-7-13 5 EXHIBIT 6 Commissioner Stamps agrees with the improvements of the property, but the CUP test presents a problem where it states, “no subdivision of property,” and the statement which clearly states “no automobile servicing and detailing bay use”. He would struggle with the intent of that language and what would happen next on the property when he does expand his business. Commissioner Priester stated that this is a “defacto” of subdividing the property. This is a major corner in Collierville and he doesn’t think that this is the right thing to do. Commissioner Cotton stated that if it was just that corner he would be willing to approve it, but he is struggling with the 615 W. Poplar property. It’s a subdivision of the property and we are voting ourselves into a big problem. Commissioner Murdock stated that as soon as you turn that corner your are in an area of first impressions coming into Collierville. We don’t know what is going to happen and we are taking a risk here in the area of first impression. Alderman Worley explained that if there wasn’t a 90 day lease involved, there wouldn’t be a problem. He thanked them for cleaning up the corner and is pleased with the new proposed site. A few years ago the Planning Commission turned down a proposed gas station a little further east down the road from there because of traffic issues and such. Mr. Mark Underwood approached the podium and asked the Commissioners to remove the adjacent piece of property, 615 W. Poplar Avenue, from the request tonight. The business owners have a large investment here and they would like to continue to move forward with the CUP being granted on just the 651 W. Poplar Avenue property. This was their original submittal to staff, and they would like to retract the adjacent property from the approval tonight. Chairman Jamieson asked for a motion to amend the previous motion. Commissioner Rozanski asked for a friendly amendment to his previous motion, and the second agreed to the amendment, per the applicant’s request tonight, to delete the 615 W. Poplar Avenue property from the request for a Conditional Use Permit, along with conditions of approval number 2 and 3, which were related to the 615 W. Poplar Avenue property. Amended motion by Commissioner Rozanski, and seconded to recommend approval with conditions, to the Board of Mayor and Alderman, a request of approval for a Conditional Use Permit (CUP) for a 3,180 square foot building for an auto dealership to be located on 0.76 acres at 651 W. Poplar Avenue with the following condition: 1. This CUP for auto sales at the subject property shall be null and void if the applicant has not entered into a Development Agreement with the Town for proposed site improvements to 651 W. Poplar Avenue within 1 year of the granting of the CUP. Hearing no further discussion, Chairman Jamieson asked Mrs. Michael to call the roll. Roll Call: Cotton – yes, Rozanski – yes, Murdock – yes, Hansen – yes, Priester – no, Jordan – absent, Stamps – yes, Worley – no, Jamieson – no. Motion Approved. 2-7-13 6
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