representative: request: conclusions

Staff Writer: John D. (Don) Jones E-mail: [email protected]

AGENDA ITEM: 4

CASE NUMBER: P.D. 13-321 L.U.C.B. MEETING: December 8, 2016

CASE NAME: Kirby Gate Business Campus P.D. Area C, Third Amendment

LOCATION: Northwest corner of Kirby Parkway and Kirby Gate

Boulevard

COUNCIL DISTRICT: District 2; Super District 9 – Positions 1, 2 and 3

OWNER: Wills and Wills L.P. (Walter Wills)

APPLICANT: Auto Zone, Inc. (Wade Davis)

REPRESENTATIVE: Fisher Arnold Inc. (David Baker)

REQUEST: Revise Condition V. B. 1. a to increase the height of a detached sign

from 10 feet to 25 feet

AREA: 0.82 acres

EXISTING LAND USE & ZONING:

CONCLUSIONS

1. The request is to revise the maximum size of the detached sign from 10 feet to 25 feet.

2. The current sign regulations date back to the recording of the outline plan in 1999.

3. Signs in the immediate vicinity of the subject property include both pole signs and monument style

signs. Staff notes that the commercial property on the opposite side of Kirby Gate Boulevard does

not have a detached sign. The establishments in that center include food service and a dry cleaner,

uses unlike the applicant that tend to rely more on pass by or impulse trips.

4. The Land Use Control Board approved a Major Modification request on October 13, 2016 to allow

an increase in the building footprint from 3,600 square feet to 7,400 square feet to accommodate the

standard Auto Zone building. No sign details were provided with that application.

5. This staff report includes letters of opposition from two adjacent neighborhood associations.

RECOMMENDATION

Rejection

mailto:[email protected]

Staff Report-Major Modification December 8, 2016

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General Location Map

The subject property is located at the northwest corner of Kirby Parkway and Kirby Gate

Boulevard in the Kirby/Quince area of Memphis.


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Vicinity Map

Public Notice

Mailed Public Notice - A total of 118 notices were mailed on November 23, 2016.

Public Notice Signs - The Public Notice Signs were posted on September 29, 2016


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Land Use and Zoning

SURROUNDING LAND USES AND ZONING:

North: Vacant land and office/warehouse uses in the Kirby Gate Business

Campus Planned Development (P.D. 09-315)

East: Single family detached residential units, (Kirby Trace Subdivision), in the

Single Family Residential (R-10) District

South: Retail commercial uses in the Commercial Mixed Use -1 (CMU-1) and

Floodplain (CMU-1[FP]) Districts

West: Vacant land in the Kirby Gate Business Campus Planned Development

(P.D. 09-315)


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Proposed Detached Sign

Outline Plan with Proposed Location for Detached Sign

Location

of

Detached

Sign


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Existing Signs along Kirby Parkway between Quince Road and Kirby Gate Blvd

Facing north from intersection of Quince Road and Kirby Parkway.

Continuing north on Kirby Parkway


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Kroger integrated center sign lines up with Bainbridge.

This shopping center is at the southwest corner of Kirby Parkway and Kirby Gate Boulevard,

immediately opposite of the subject property. There is no detached signage associated with this

row of shops. Tenants include Starbucks, Dryve Cleaners, Tokyo Grill, Exline Pizza.


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Adjacent residential properties

Lot 119, Andover Subdivision

Lot 28 of the Kirby Trace Subdivision


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STAFF ANALYSIS

Request:

The applicant, Auto Zone Inc, has filed a Major Modification application to revise Condition V.B.1.a

which addresses the maximum permitted height of detached signs. This condition limits the

maximum height of the detached sign to ten feet. The applicant is requesting to increase the sign

height to 25 feet. The applicant has submitted graphics to illustrate the look of the proposed sign, see

page 5.

The sign is proposed to be located as close as possible to the northwest corner of the intersection of

Kirby Parkway and Kirby Gate Boulevard, see page 5.

Review of Request

Background

On October 13, 2016, the Memphis and Shelby County Land Use Control Board approved a Major

Modification application by Auto Zone Inc. to allow an increase in the building foot print from the

previously approved 3,600 square feet to 7,400 square feet to accommodate an Auto Zone store.

Prior activity on this property includes an amendment to the planned development conditions to

create a new Area C to be regulated by the Commercial Mixed Use -1 District with some exclusions.

The key to the amendment was the modification of two conditions. The first modification allowed

free standing commercial uses and the second increased the maximum allowable building size from

3,000 square feet to 3,600 square feet.

A prior amendment on this site permitted the expansion of uses in Area B to include a rehabilitation

clinic and an acute care facility along the Kirby Gate Boulevard frontage. These uses are also

permitted along the undeveloped land in Area A of the P.D.

Current Request

The October 13, 2016, application for the building expansion did not include any details for the

proposed detached signs. The conditions that were brought forward in the staff report are, for the

most part, the same sign requirements that were formulated for the original planned development on

this site which date back to 1999. The applicant’s representative did indicate to staff at the October

LUCB hearing, that they would like to revisit those conditions at a later time.

It is clear to staff, that the Kirby Gate Business Campus Planned Development was intended to serve

as a transition between the higher intensity land development associated with the intersection of Kirby

Parkway and Quince Roads to the south and the single family residential development that is located

immediately north of the P.D.


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The first phase of the Kirby Gate Business Campus P.D. was recorded in April of 2001. As the

picture below shows, this is a small sign that sits back from the street. Staff believes that this was

done in an effort to minimize any impacts on the residential properties located on the opposite side of

Kirby Parkway as well as the abutting residential development to the north.

Staff notes that the pictures on pages 6-8 of this report indicate a step down with respect to signs as

you move northward from the intersection of Kirby Parkway and Quince Road toward the

intersection of Kirby Parkway and Kirby Gate Boulevard.

On the east side of Kirby Parkway, there are no detached signs for the office development at the

northeast corner of Quince Road and Kirby Parkway.

On the west side of Kirby Parkway, there are two monument style, integrated center signs, Exxon and

Kroger, and two pole mounted signs, Walgreen’s and Wendy’s. The northernmost sign, the Kroger

integrated center sign, lines up with Bainbridge Drive in the Andover Subdivision.

What staff finds particularly interesting is that the next commercial center north, which is on the

opposite side of Kirby Gate Boulevard and contains three establishments that sell food and beverages,

Starbucks, Tokyo Grill, and Exline Pizza, and one retail establishment, a dry cleaner, does not contain

a detached sign.

This fact raises the question: if retailers with food service, which is typically classified as an impulse

trip, are surviving without detached signage, how much signage does a retail establishment that is

service based or destination oriented need? This site has good access and good exposure and the

building itself is somewhat of a sign.


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Staff also notes that across Kirby Parkway from the subject property are residential lots in the Kirby

Trace Subdivision and the Andover Subdivision whose side and rear yards respectively are oriented

toward the subject property.

For the reasons stated above, the staff is not convinced that additional sign height is needed to attract

customers to this site.

RECOMMEDATION: REJECTION

If Approved: The Outline Plan shall be re-recorded to reflect that on December 8, 2016, the

Memphis and Shelby County Land Use Control Board approved a request to modify condition

V.B.1.a to increase the height for a detached sign in Area C to 25 feet.


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OUTLINE PLAN CONDITIONS

Kirby Gate Business Campus, 3rd

Amendment

PD 13-321

V. Signs:

A. Signs for Areas A and B shall be regulated by the General Office District with the

following additional requirements.

1. The maximum size for attached and detached signs shall be 100 square

feet.

2. All detached signs shall be set back a minimum of 10 feet from the

right-of-way of all public streets.

3. All detached signs shall be monument style signs with a maximum height

of ten (10) feet.

4. No detached signs shall be located nearer than 200 feet from the adjacent

residential property located to the north.

5. No attached signs shall face the residential property to the north.

B. Signs for Area C. shall be regulated by the CMU-1 District

1. One detached sign each shall be permitted along the Kirby Parkway

and Kirby Gate Boulevard frontage.

a. A detached sign along Kirby Parkway shall be limited to

a maximum of 100 square feet in area, and 10 feet in height.

b. Detached signs shall be monument in style.

c. Automatic changeable copy or LED signs shall be prohibited.

2. Attached signs shall be regulated by the CMU-1 District.

3. Applicant will provide staff with photometric analysis demonstrating

that any light from the signs shall not exceed 1 foot candle at the east

right-of-way line of Kirby Parkway.


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GENERAL INFORMATION

Street Frontage: Kirby Parkway …………… +/- 130’

Kirby Gate Blvd …………. +/- 225’

Planning District: Shelby Farms- Germantown

Census Tract: 213.31

Zoning Atlas Page: 2250

Parcel ID: 081053 00076

Zoning History: The Planned Development was most recently amended in 2009

(P.D. 09–315) to allow for Senior Speciality Medical Care Facilities to

include Out-Patient Clinc, Acute Care Facility, and Skilled Nursing Faciltiy.

DEPARTMENTAL COMMENTS

The following comments were provided by agencies to which this application was referred:

City Engineer:

No comment on sign height.

City Fire Division: No comments received

City Real Estate: No comments received

County Health Department:

Water Quality and Septic Tank Program No comments

Shelby County Schools: No comments received

Construction Code Enforcement: No comments received

Memphis Light, Gas and Water: No comments received

Neighborhood Associations: Kirby Trace

Keswick Stornaway NA

Letters of Opposition

Application

Letter of Intent


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Letters of Opposition (2)


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Letter of Intent


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APPLICATION


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representative: request: conclusions

Documents