Agenda Number: PC Meeting Date: March 3, 2016 REPORT TO THE PLANNING COMMISSION

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1 Agenda Number: PC Meeting Date: March 3, 2016 REPORT TO THE PLANNING COMMISSION SUBJECT: 595 W. Poplar Ave - Discount Tire Store - Request approval of a Conditional Use Permit (CUP) for a 7,373 square foot tire sales and service use on 1.90 acres located on the southwest side of Poplar Avenue and Abbington Road. INTRODUCTION: Jennifer Peregoy, with Kimley Horn & Associates, and Mike Fahy, with Prime Development Group, Inc., on behalf of Don Thrailkill with Discount Tire Company, are requesting a recommendation of approval from the Planning Commission (PC) for a 7,373 square foot tire sales and service use at 595 West Poplar Avenue. The current property owner is Trustmark National Bank. The proposed location has changed from the 2015 application and is now located on the southwest side of Poplar Avenue and Abbington Road. The site is zoned GC (General Commercial) which allows commercial uses and is surrounded by South Tire (south), Collierville Auto (west), Walmart (northeast), City Center Shopping Center (northwest), and Abbington Center Shopping Center (east). The 2015 application for the CUP at the original proposed site east of the Aldi Store was withdrawn by the applicant (see Exhibit 7) the new location that is not adjacent to residentially zoned property. On January 21, 2016 the Board of Zoning Appeals granted a variance to exceed the maximum allowed parking to allow 50 spaces (1 space per 147 square feet). A Preliminary Site Plan application for this project was received on February 16, 2016 and could come to the Planning Commission and Design Review Commission, and Board of Mayor and Aldermen in April or May. EXHIBITS 1. Cover Letter and CUP response (01/27/16) 2. Site Plan & Elevation Renderings (01/29/16) 3. Acoustical Study (rec d 01/29/16) 4. Aerial & Site Photos (Taken 01/07/16) 5. Traffic Analysis (dated 01/26/16) Site Plan & Elevation Renderings 7. PC Minutes Examples of similar Auto Repair Uses built since 2007 KEY QUESTIONS: The Planning Commission may find the following questions helpful when considering the CUP application: 1. What has changed since the February 2015 application? The previous application, PC 14-42, was last considered at the Planning Commission Meeting held February 5, 2015, which failed (3-4 vote) to make a formal recommendation of the CUP (see Exhibit 7). A comparison between the 2015 design (Exhibit 6) and the current design (Exhibit 2) indicates the following major differences between the 2015 and 2016 CUP Applications. a. Location: The location has shifted west approximately 800 feet from the southeast corner of Maynard Way and Poplar Avenue to the southwest corner of Abbington Road and Poplar Avenue. Unlike the 2015 site, the new location is not adjacent to residentially zoned land. b. Building and Parking Placement: As indicated on the 2015 layout the building was closer to both Poplar Avenue and Maynard Way with parking located to the rear of the building and no parking separating the building from either street. Unlike the 2015 layout, the 2016 proposal locates parking in front of the building at the intersection and along Abbington. This also causes the vehicle bays to be highly visible from public view (Poplar Avenue, Abbington Road) with little opportunity to screen them (see Condition 8). 1

2 c. Additional Parking: On January 21, 2016 the Board of Zoning Appeals (BZA) approved a parking variance to allow a maximum parking limit of 1 space per 147 square feet of building area (allowing up to 50 parking spaces). The 2015 application included only 37 parking spaces. d. Architecture: The 2015 proposal placed the building adjacent to the street with the garage doors turned away from Poplar Avenue which instead indicated spandrel windows giving the Poplar Avenue frontage the appearance of actual windows from the exterior of the building. The 2016 proposal will not have windows on the back side of the garage bays as the building has been placed close to the Collierville Auto service building. The 2016 proposal also lacks some of the architectural details and articulation of the façade and roofline the 2015 proposal indicated. e. Connectivity to Adjacent Property: The current proposal does not provide vehicular connections to adjacent property while the 2015 proposal provided connections to adjacent nonresidential property. Vehicular connections are currently provided through an existing gravel lot from the property to adjacent businesses Collierville Auto and South Tire; however, the applicant would like to remove those connections as indicated by the proposed Site Layout Plan. Although there appears not to be a recorded ingress/egress easement to access Collierville Auto or South Tire; Collierville Auto has specifically requested that the connection remain. Condition 3 requires the applicant to provide vehicular access to both Collierville Auto and South Tire. 2. What is a conditional use and does this application meet the test? The Zoning Ordinance describes conditional uses as typically meeting the purpose and intent of a particular zoning district but, as opposed to a by right use, they require the approval of the BMA (after a recommendation from the PC) to ensure that any adverse impacts on adjacent uses, structures, or public services and facilities are mitigated, and that, in some cases, any special requirements unique to that use are addressed. Such a use, in this case a tire sales and service use, would not be appropriate generally or without restriction throughout GC: General Commercial Zoning District; however, the use could be appropriate to a certain location if specific provisions are addressed aimed at promoting the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare of the Town. The location is appropriate for such use given adjacent auto-related uses, but Discount Tire s layout could harm the area in three ways and the issues need to be addressed through the Preliminary Site Plan process: A. Lack of Required Connectivity: Their layout inhibit Town s traffic control goals for the in area and this will have adverse impact on surrounding area. The Design Guidelines (III., B.) says curb cuts should be the minimum necessary for effective on- and-off-site traffic circulation and sites should have joint accesses whenever possible. There are many photographs in the Design Guidelines that demonstrate interconnectivity. The Subdivision Regulations (ARTICLE III. GENERAL DESIGN, SECT. 6 CONNECTIVITY, G. Cross Access Between Adjacent Uses) has very specific language on connectivity and makes the intent of the Town clear. Nonresidential sites need to connect to their neighboring nonresidential sites. This is especially important on arterial streets like Poplar Ave. Condition 3 will require the applicant to provide vehicular access to the adjacent properties to the west (Collierville Auto) and south (South Tire) in order to mitigate any adverse impacts to those properties. B. Noise: The applicant will be required to comply with the Town s Anti-Noise Regulations ( ) (see Condition 6). Furthermore, Condition 5 will require the applicant to limit the hours of operation to 8AM to 6PM Monday thru Friday and 8AM to 5PM on Saturday. The applicant has included an acoustical study (Exhibit 3) in order to demonstrate that there is relatively low-level noise emissions. The study finds that at 48 feet from the bay doors the noise will be about the same as arterial road traffic, and at the 90 feet distance, levels would be less than a normal conversation at a distance of a few feet. C. Highly-Visible Vehicle Bays: The Design Guidelines (III., H.) states to locate appearances in a part of the site that is not visible from the public view. Furthermore, the Design Guidelines (III., H., 1.) states Items such as roll-up doors and service doors should be located on building elevations that are the least visible from public streets. In order to mitigate any adverse impacts to the character of the area because of the visibility of the garage bays, Condition 8 has been added requiring the site plan to be modified to turn the garage bays away from the street by placing the building adjacent to Abbington 2

3 Road with the service bays facing west towards the Collierville Auto service building and locating the parking behind the building. Since 2007, current version of the Design Guidelines, the Town has consistently applied this provision for new construction for auto repair uses (see Exhibit 8). PROJECT SUMMARY: 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 (Condition 7). See Exhibit 4 for photos of the site and adjacent properties. 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. TABLE 1 - Site Plan Data Summary (Discount Tire Store) Zoning District GC General Commercial Site Area 1.90 acres Parking 1/500 sq.ft. 1/200 sq.ft. 37 Proposed Parking (w/ variance) 50 (includes 2 h/c spaces) FAR (Building Area 7,373 sq. ft.) Maximum FAR allowed Proposed FAR Open Space Minimum open space required Open space provided Building Height Maximum allowed Proposed Setbacks Required Front: 40 ft. (Poplar/north) (Abbington/east) Side: 10 ft. (west) Rear: 30 ft. (south) Access, Circulation, Traffic, & Stormwater: Vehicular access from Poplar Avenue and Abbington Road. The site plan indicates no connection to the adjacent properties to the south and west which are currently accessed by a gravel parking lot (see aerial photo Exhibit 4) but Condition 3 will require these connections. The building will connect to a new sidewalk along Poplar Avenue and a new sidewalk is proposed along Abbington Road where there is currently no sidewalk. According to the traffic analysis (Exhibit 5) the proposed use will generate an average 182 daily trips. Stormwater from the parking area and roof drains will be directed into an underground detention basin. Site Layout, Buffers, & Screening: The proposed design (Exhibit 2) places parking in front of the building and orients the service bays towards Abbington Road. No outdoor storage or display is requested and proposed trash enclosure, constructed of masonry to match the building, will be located at the southwest corner of the property. The applicant will meet the required front buffer of 40 feet along arterial roads (Poplar Avenue) and will be providing a 30-foot buffer along Abbington Road which is considered a local street. Furthermore the applicant will providing and exceeding the required 10-foot buffer between the subject property and the adjacent commercial uses. The applicant will be removing many of the trees around the existing bank parking lot and will be required to provide mitigation trees as needed as part of the Preliminary Site Plan application. In addition, the pending Final Site Plan application will require screening of appurtenances, repair bays, utility structures, and parking. 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 buffers along the street frontages. Additional landscaping, including a hedge, upright shrubs, and street trees, have been added to attempt to help screen the garage doors from Abbington Road. A 6-foot wood fence with masonry columns are proposed approximately 3 feet from the south and west property line. The landscape plan indicates foundation plant materials along the Poplar Frontage (north side) of the building as well as a portion of the west side of the building. Utility structures, HVAC units, transformers, backflow preventers, and other services will be required to be screened. There are light fixtures indicated on the elevations over the service bay doors which will need to meet the intent of the Lighting Ordinance ( ). 25% 9% 30% 40% (shop) 28-8 (store) Setbacks Proposed Front: 53 ft. (Poplar) 125 ft. (east) Side: 10 ft. (west) Rear: 168 ft. (south) 3

4 Architectural Design: The elevation renderings provided (Exhibit 2) indicate primarily a brick façade with glass (storefront) and EIFS as a secondary materials (cornice, colored band, pilasters). Accents include metal awnings, coping, and storefront trim. The three (3) double-car overhead doors on the east side incorporate glass panes into the top two panels of the garage doors to provide interest. Only minimal articulation of the roof line has been provided, additional articulation may be required as part of the Preliminary Site Plan review in order to break up the mass. A component of the facade articulation is the use of metal canopies above windows and doors as well as pilasters and recessed service bays above the garage doors. The roof deck and mechanical units are indicated on the elevations as a dashed line; 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. Conditional Use Permit: Mindful of the requirements for the 6-Prong CUP Test, the applicant has submitted the pending administrative site plan application to demonstrate that the design is compatible with surrounding development and minimizes any adverse impacts to adjacent property. See the applicant s cover letter (Exhibit 1) for responses to the Grounds for Issuance of a Conditional Use Permit. In considering a CUP, the BMA may: approve or deny a request based on the standards (see 6-Pront Test below); and apply additional conditions of approval if findings are citied beyond such generalities as in the interest of public health, safety and general welfare; A conditional use permit shall be granted, provided the Mayor and Aldermen, finds that the proposed use, per the 6-Prong CUP test: 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 of Collierville s Town Code of Ordinances. The application complies with the bulk regulations provisions of the GC zoning district. 2. Conforms to the Footnotes of and the Specific Provisions for Conditional Uses as set forth in The application complies with the Footnotes of and none of the special conditions and specific standards in the Specific Provisions for Conditional Uses as set for in 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. There are three nearby tire service centers including Walmart, Raleigh Tire, and South Tire. Except for lack of vehicular connections to adjacent property, potential visibility of the service bay garage doors, and minor architectural details, the design of the proposed tire sales and service center appears to be consistent with the existing development. Exhibit 2 demonstrates the applicant s intent to meet the Town s Design Guidelines and Zoning Ordinance. The buffer yards will increase from the current condition of the existing bank which will make the site more consistent to the buffers in front of City Center Shopping Center and Walmart; however those sites are well connected with surrounding properties while this site is proposing no such connections. The subject property today includes a gravel lot that provides access to both South Tire and Collierville Auto and the loss of that access could be interpreted as an adverse impact to other property in the area. Condition 3 will require that the access be provided to both properties. The potential visibility of the garage bays facing Abbington Road could be mitigated by placing the building adjacent to Abbington Road with the service bays facing west towards the Collierville Auto service building and locating the parking behind the building (Condition 8). The acoustical study (Exhibit 3), indicates that the noise level at the property line will be that of a normal conversation. 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. Generally, a tire sales and service use and design of the site and building are consistent with the Suburban Commercial Place Type in the Collierville 2040 Land Use Plan with the rear third of the property indicates as the Village Retail Activity Center. Condition 7 will preclude General auto repair activities and automobile rental uses. 4

5 5. Will not adversely affect a known archaeological, environmental, historical or cultural resource. There are no known archaeological, environmental, historical or cultural resources. 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. Adequate public facilities and services (water, sewer, and road capacity) exist to serve the facility. Traffic impacts for this use will be lower than other forms of retail allowed in General Commercial (Exhibit 5). 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 will consider the Conditional Use Permit. It should be noted the revised exhibits have not been formally reviewed. Approval of the CUP by the BMA does not include approval of these exhibits. Preliminary Site Plan: A Preliminary Site Plan application for this project was received on February 16, Assuming the CUP is approved, the Preliminary Site Plan will proceed to public review by the Planning Commission, Design Review Commission, and Board of Mayor and Aldermen. Preliminary Site Plan will need to reflect all conditions of approval for CUP. Final Site Plan and Development Agreement: Assuming the Preliminary Site Plan and CUP is conditionally approved, the applicant shall submit a Final Site Plan application. The Final Site Plan application must be revised to address any conditions and staff comments. Before a building permit will be issued, the applicant must enter into a Development Agreement with the BMA. Building Plan Review and Certificate of Occupancy (CO): Building plans must be reviewed by the Codes Enforcement Division before building permits can be issued. 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 permitting process. The applicant must submit sign application(s) prior to erection of any signage (Sign Ordinance). EXAMPLE MOTION: 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 tire sales and service use on 1.90 acres located on the southwest side of Poplar Avenue and Abbington Road, 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 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. This site shall provide vehicular access to the adjacent properties to the west (Collierville Auto) and south (South Tire) in order to prevent material adverse impacts to the area. 4. There shall be no outdoor display or vending or storage. Display, vending, or storage shall not be visible on the outside of the building. 5. The applicant shall limit the hours of operation to 8AM to 6PM Monday thru Friday and 8AM to 5PM on Saturday (Exhibit 1). 6. Any tire sales and service activities shall comply with the Town s Anti-Noise Regulations ( ). 7. This Conditional Use Permit is limited to retail tire sales and tire-related services only. General auto repair activities and automobile rental uses are expressly prohibited at this subject property. 8. To mitigate any adverse impacts to the character of the area because of the visibility of the garage bays from the public realm, the site plan shall be modified to turn the garage bays away from the street by placing the building adjacent to Abbington Road with the service bays facing west towards the Collierville Auto service building and locating the parking behind the building. The layout should closely resemble Christian Brothers Automotive at 381 Poplar Avenue as it is also located on a corner lot. 5

6 CONTACT INFORMATION: Applicant s Representative Applicant s Representative Applicant Contact: Jennifer Peregoy, P.E. Mike Fahy Don Thrailkill Organization: Kimley-Horn Prime Development Group, Inc. Discount Tire Company Address: 6625 Lenox Park Drive, Suite 117 Memphis, TN Capital Drive, Ste. 200 Germantown, TN N. Scottsdale Road Scottsdale, AZ Phone: (901) (901) (480) jennifer.peregoy@kimleyhorn.com mfahy@pdg-m.com dthrailkill@discounttire.com Property Owner Trustmark National Bank, Successor by Merger to Barretville Bank & Trust Co. c/o Trustmark Bank PO Box 291 Jackson, MS Project Planner Scott Henninger, PLA, AICP (primary) Jaime Groce, AICP Planning Division 500 Poplar View Parkway Collierville, TN shenninger@ci.collierville.tn.us 6

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12 NORTH ACOUSTICS STUDY OVERLAY

13 EXHIBIT 4 Aerial & Site Photos Aerial Photo of the property showing parking and access used by adjacent properties

14 EXHIBIT 4 Aerial & Site Photos East view of Poplar Avenue frontage indicating the lack of a landscape buffer South view of Abbington Road frontage indicating lack of sidewalks and landscape buffers

15 EXHIBIT 4 Aerial & Site Photos Existing bank facing northwest Existing bank facing northeast

16 EXHIBIT 4 Aerial & Site Photos Existing bank facing southeast Existing bank facing southwest

17 EXHIBIT 4 Aerial & Site Photos West view of the lawn area immediately south of the bank West view of gravel lot at the south end of the property showing access to adjacent property

18 EXHIBIT 4 Aerial & Site Photos North view of the ditch and parking area along the west side of the property South view of the ditch and parking area along the west side of the property

19 MEMORANDUM To: Town of Collierville Planning Division From: Douglas Swett, P.E. Date: January 26, 2016 RE: Discount Tire, Poplar Avenue at Abbington Road Collierville, TN Discount Tire is proposing to construct a new 7,373 sf building in Collierville, TN. The proposed site is 1.90 acres at the southwest corner of the intersection of Poplar Avenue and Abbington Road. The site will have access to Poplar Avenue by a 30 wide proposed private driveway and to Abbington Road by a 36 wide proposed private driveway. 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. Table 1 - Trip Generation Daily trips AM Trips PM Trips Land Use Code Land Use Type Intensity (SF) Total Total Trips In Trips Out Total Trips In Trips Out 848 Tire Store 7, 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) or douglas.swett@kimley-horn.com should you have any questions. kimley-horn.com 6625 Lenox Park Drive, Suite 117, Memphis TN

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23 would like to ask for a deferral on the R-2 rezoning request tonight. It will be another month for them to get the PD application in and they could proceed to the May PC. Hearing no further discussion, Chairman Stamps asked for a motion to approve. Motion by Commissioner Bradford, and seconded, to defer and modify Ordinance (Exhibit 2) to the Board of Mayor and Aldermen, which amends the official Zoning Map of the Town of Collierville by rezoning acres from FAR Forest Agriculture Residential to R-2 Medium Density Residential, located on located at the southeast corner of Shelby Drive and Fleming Road. Roll call: Cotton yes, Jordan yes, Priester yes, Rozanski - yes, Bradford yes, Worley yes, Stamps yes. Motion Approved. PC14-42 Shelby East Subdivision Lot 2, Discount Tire Store Request approval of a Conditional Use Permit (CUP) for a 7,373 square foot tire sales and service use on 1.41 acres located on the south side of Poplar Avenue east of the Maynard Way intersection. Mr. Scott Henninger gave the staff presentation. He explained the request and the fact that the auto repair use has been removed from the request. He showed an overview of the site and proposed area. He explained that this plan was reviewed at the last PC meeting and gave a recap of the plan. The BMA remanded the recommendation back to the PC so that the applicant can revise the plans to resolve the issues. Along with the additional proposed landscape and buffering the applicant will be adding an 8 foot fence along the south property line. An arborist has been hired to help define the healthy trees and help them to keep as many trees as possible. There has been a change to their hours or operation. The original plan asked for hours from 7 a.m. to 7 p.m., and they are now proposing 8 a.m. to 6 p.m. Monday through Friday and 8 a.m. to 5 p.m. on Saturdays. They have an acoustical survey to demonstrate the minimal sound off site. In the revised cover letter, the applicant has explained that this business will be service and sales of tires only. Mr. Groce explained the CUP process. He explained that there is a six prong test that questions if the use is a good fit with the area. If a commissioner feels that one of these six questions is not met, it would be fitting for the commissioner to state the issue they have for a particular item. Mr. Henninger reviewed the 6-prong CUP tests and explained that the applicants are in agreement with the Conditions of Approval and they have requested to add a number 10: The Conditional Use Permit shall EXHIBITS 1. Cover Letter and response to 6- Prong CUP Test (rec d 01/20/15) 2. Site Layout Exhibits & Renderings (rec d 01/20/15) 3. Site photos (taken 11/12/14) 4. Applicant s Response to Staff s 11/11/14 DRT Comments 5. Traffic Analysis (dated 01/19/14) 6. 12/04/14 PC Meeting Minutes 7. Acoustical Study (rec d 01/20/15) 8. 8 Fence Exhibit (rec d 01/20/15) 9. Letter from Mike Italiano (01/23/15) 10. List of uses allowed in GC Districts Supplemental Exhibits (rec d 02/03/15) 11. Arborist Report (dated 01/26/15) 12. Illustrative Landscape Plan 13. Acoustic Study Site Plan Overlay 14. Used Tire Storage Area Exhibit 15. Tree Survey for Preservation 16. Illustrative Site Plan be null and void if the permittee no longer operates a Discount Tire Company store on the subject site as approved by the BMA. Any change of ownership or control of the permittee shall require notice to the Town and approval by the BMA of the transfer of the rights conferred by the Conditional Use Permit; such approval PC

24 shall not be unreasonably withheld. The Discount Tire store shall be limited to Tire and Wheel sales and repairs only, no other auto repair services are permitted. Chairman Stamps asked if there were any questions of staff. Hearing no further questions, Chairman Stamps called the applicant to the podium. Mr. Michael Fahy, representative for the applicant, addressed the commissioners. He explained that he has been asked by the applicant to help them re-submit this plan tonight and they would like for the PC to look at this piece of property through a different set of eyes. We are running into a perception of a certain business that needs to be built in this area of town. He reviewed the arborist report which was contained in the staff report. He explained that there is a large group of trees on the property and the healthy trees will remain as they are a personality of the property and they will enjoy the buffer these create to Poplar Avenue. He re- read the condition number 10 that they are proposing. They estimate that this business will net around $3,000, in tire sales in one year. Chairman Stamps called a citizen forward who wished to speak. Mr. Mike Italiano, resident at 177 Abbington, addressed the Commissioners. He explained that his concerns are with the noise and the traffic levels. It s a great beautiful building, however, he has concerns with this business type going into this area as this seems to be the gateway to the Historic area of Town. Mr. John Sheppeard, resident at 386 College Street, addressed the commissioners. He spoke on behalf of the last question in the 6-prong test. He asked if this is a continued hearing, because there are two members that were here the last meeting that are not present tonight. He explained that according to the 2040 Plan and study, which he was a part of, such uses should not be in this area. He asked the Commissioners not to support this plan. Mr. Wright Cox, resident at 437 College Street, addressed the commissioners. He explained that this property is within the western gate of the Historic District and he feels that this is an area that citizens would like to protect. He is opposed to this and there are neighbors here tonight that are opposed as well. The 2050 Plan was adopted by the PC. These are y all s words in this 2040 Plan and there are other areas where a business such as this can be placed. Commissioner Jordan asked to see an overview of the whole subdivision. He stated that he feels that this type of business going in here on this lot will destroy the integrity of this area. He has sat in the Aldi parking lot and watched a lot of senior citizens come and go that live and shop in this area. The garage doors are going to be open in the back and the noise is going to drift over. He does not feel that this is a good fit with the area and the integrity of the area will have an adverse effect to the seniors living to the east of the property. Commissioner Cotton, questioned that if noise is a concern, then what is Panda Express across the street going to create? He thinks that we need to look at this and use an even hand across the board in our decisions. Commissioner Priester stated that he feels this is the best thing for the area. It matches Aldi Food Store use and character. This will be 1/3 of the traffic that the proposed Super D would have created years ago. The plan is better now than it was in December. He voted for it in December and he will vote for it again. This is a hard site to develop and sometimes you need to take what is before you know rather than wait for something worse to be developed there. Commissioner Rozanski stated that the one negative he has is the noise that it may create. PC

25 Chairman Stamps stated that he voted no last time. The applicant has made tremendous changes and the plan is wonderful. According to the six prong test, the struggle that he has, is number 3. Does this change the character of the surrounding area and he feels that it does. Alderman Worley stated that they have submitted an updated plan as the BMA asked for, and have eliminated the sign on the back, and the shadowbox fence. This is one of the toughest decision he has had to make, but he still feels that this is not in keeping with the surrounding area for its proposed use. Commissioner Cotton stated that all the discussion he is hearing is not a good reason to not vote for this. It is not a commissioner s role to be the crystal ball. It is the PC s duty to find the immediate reasons for not being able to see a plan approved. Commissioner Rozanski asked, what is immediate. Is that all property owners within 300 feet? If he tightens up his vision of what is within the immediate area, it certainly is not residential. Mr. Fahy addressed the commissioners and explained he agrees with what Commissioner Rozanski just stated and he read the additional language that they would like to add for Condition of Approval number 10. A discussion ensued regarding the elevation of the building on the site. Mrs. Jennifer Peregoy, the applicant s Civil Engineer, addressed the commissioners and explained changes have been made to address the concerns raised in December 2014 by the PC. There was a brief discussion regarding a reuse of the property if Discount Tire were to go out of business. Hearing no further discussion, Chairman Stamps asked for a motion. Motion by Commissioner Cotton, and seconded, 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 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 amended conditions changing shadowbox to wood in number 8 and adding number 10: 1. This development is subject to all applicable standard conditions of approval as adopted by the Board of Mayor and Aldermen, Resolution 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, 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 8AM to 6PM Monday thru Friday and 8AM to 5PM on Saturday (Exhibit 1). 6. Any repair activities shall comply with the Town s Anti-Noise Regulations ( ) given the proximity of residential uses. 7. This Conditional Use Permit is limited to retail tire sales and tire-related services only. General auto repair activities and automobile rental uses are expressly prohibited at this subject property. 8. An 8-foot tall shadowbox wood and masonry fence shall be installed along the southernmost property line consistent with the detail depicted in Exhibit 8. PC

26 9. Prior to the Development Agreement, an arborist shall assess the existing trees to preserve as many as possible. Appropriate revisions, notes, and details shall be added to the Final Site Plan to implement the arborist s recommendations. 10. The Conditional Use Permit shall be null and void if the permittee no longer operates a Discount Tire Company store on the subject site as approved by the BMA. Any change of ownership or control of the permittee shall require notice to the Town and approval by the BMA of the transfer of the rights conferred by the Conditional Use Permit; such approval shall not be unreasonably withheld. The Discount Tire store shall be limited to Tire and Wheel sales and repairs only, no other auto repair services are permitted. Roll call: Cotton yes, Jordan no, Priester yes, Rozanski - yes, Bradford no, Worley no, Stamps no. Motion failed. PC14-49 Hearthstone Section C&D of Estanaula Trails Planned Development Phase 6 Request approval of a Preliminary Subdivision Plat for 70 Lots, on acres located south of East Shelby Drive and west of Sycamore Road. Mr. Jaime Groce gave the staff presentation. They meet the bulk requirements of the R-1 zoning district and the property will have 2 acres of COS. This section will connect into the existing neighborhood and meets the requirements of the Subdivision Regulations for connectivity. There are a few questions to cover while you are considering this application. The first question is: Will the design of the open space and perimeter fencing be complementary to the existing phases? They do plan to have a 40 foot deep buffer of COS along Shelby Drive and if comparable to the other phases in the neighborhood. They will have a similar fence as well. The next question to consider is: How will existing trees be mitigated? The applicants have provided the 60 mitigation trees and 1 replacement tree for every three ratio is being met. The previous approval was on a 1 to 3 mitigation ratio. Staff received a revised plan yesterday and they are putting back more tree canopy than what is currently on the property. As East Shelby Drive is being improved by TDOT along with Byhalia Road, the applicant is agreeing to a full dedication of the ROW and fees-in-lieu of construction rather than ask them to build a three-lane section of road that widens and narrows. The BMA determines the formula for payment in-lieu-of construction and a formula is being considered that would have the applicant pay fees for two lanes and a medium. The Town can construct the third lane later if it is needed. He reviewed the next steps for the applicant and the showed the example motion. He stated the applicant agrees with the conditions of approval as contained in the staff report. Chairman Stamps asked if there were any questions of staff. Alderman Worley asked if the area of Byhalia Road and Shelby Drive was a State road or a Collierville road. Mr. Dale Perryman, addressed the commissioners and stated that is a not State road. EXHIBITS 1. Applicant s cover letter (dated 12/15/14) 2. Estanaula Trails Vicinity Map (1/20/15) 3. Preliminary Subdivision Plat (1/20/15) 4. Excerpts from Infrastructure Construction Drawings (1/20/15): a. Tree Protection/Removal Plan b. Tree Mitigation/Fence/Landscape Plan 5. Hearthstone s Approved Perimeter Landscape Plan (2/9/07) Alderman Worley asked if there was a traffic count done on this application. They are asking for less road but dedication. As the Town Engineer, are you okay with this process? PC

27 EXHIBIT 8 Examples of Similar Auto Repair Uses Built Since 2007 Discount Tire Proposed Layout at Abbington Rd. and Poplar Cecil s Automotive on Houston Levee Road EXHIBIT 8 Christian Brothers Automotive at Poplar and Eastley St. Gateway Tire Store on Crisscross Lane

28 Christian Brothers Automotive at Poplar Avenue (right) and Eastley Street (left) Cecil s Automotive on Houston Levee Road