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)
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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
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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
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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.
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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:
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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
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EXHIBIT 1
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3a
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EXHIBIT 3a
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EXHIBIT 3a
EXHIBIT 3a
EXHIBIT 3b
EXHIBIT 3b
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EXHIBIT 3c
EXHIBIT 3c
EXHIBIT 3c
EXHIBIT 3c
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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
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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?
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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.
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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.
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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.
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