CASE NUMBER: BOA 19-42 City B.O.A. MEETING: May 22, …

Staff Writer: Marion Jones E-mail: [email protected]

AGENDA ITEM: 3

CASE NUMBER: BOA 19-42 City B.O.A. MEETING: May 22, 2019

LOCATION: 628 & 634 North Manassas Street

OWNER: James L. Jackson

APPLICANT: S. Berry Jones, S. Berry Jones Architects

REPRESENTATIVE: S. Berry Jones, S. Berry Jones Architects

REQUEST: Variance from Section 7.3.11, Uptown Special Purpose District, to permit six (6)

stacked duplex style units on two (2) lots under the same ownership as shown on

the site plan in the Moderate Density Residential (MDR) District. This application

functions as a multi-family development in a district that permits single-family

dwellings, two-family dwelling(s) and institutions.

AREA: +/-15,000 square feet

EXISTING ZONING: Residential Urban – 2 (RU-2), Medical District Overlay, PD 17-11, and BOA 17-

11

CONCLUSIONS

1. The stacked duplex concept is a way to increase density in this part of the Uptown Area and maintain a two-

family dwelling appearance from the street.

2. A total of 12 units in six (6) stacked duplexes will be provided that contain an interior courtyard between the

units for recreation and gathering, and a dog walk area. This is a new approach for multi-family in the

Uptown Area.

3. This smaller concentration of (duplex) units will permit more housing options for a more diverse population

of people in the Uptown Area as well as provide opportunities to live closer to work and utilize alternative

forms of transportation.

4. The design and quality of materials is a critical element in creating density in the Downtown and Uptown

Areas.

5. OPD Staff is recommending to paint each stacked duplex a different color similar to the scattered site single-

family houses (grey, light blue, pale yellow, beige and peach) throughout the Uptown Area. This will help

to differentiate each unit and make it appear less like a multi-family development.

6. The front build-to-line shown on the site plan is 17’7”. The side build-to-lines and rear setbacks will be as

shown on the site plan.

RECOMMENDATION:

Approval with conditions

CONSISTENCY WITH MEMPHIS 3.0

This proposal is consistent with Memphis 3.0 based on the area being designated as an Anchor Neighborhood-

Mix of Building Types. See further analysis on page 19 of this report.

Staff Report May 22, 2019

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GENERAL INFORMATION

Street Frontage: North Manassas Street +/-100 linear feet

Zoning Atlas Page: 1930

Parcel ID: 02702 00014 and 0027021 00015

Existing Zoning: Moderate Density Residential (MDR) District

PUBLIC NOTICE

In accordance with Sub-Section 9.3.4A of the Unified Development Code, a notice of public hearing is required

to be mailed. A total of 55 notices were mailed on May 7, 2019.


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LOCATION MAP

Subject property located within the pink circle, Uptown Area, Smokey City Neighborhood

SUBJECT PROPERTY


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LEATH & JONES SUBDIVISION (1918)

Subject property is highlighted in yellow, Lots 3 & 4.


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VICINITY MAP

Subject property highlighted in yellow.


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AERIAL

Subject property outlined in yellow, imagery from 2018.


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ZONING MAP

Subject property is trimmed in yellow.

Existing Zoning: Moderate Density Residential (MDR)

Surrounding Zoning

North: Moderate Density Residential (MDR)

East: Moderate Density Residential (MDR)

South: Moderate Density Residential (MDR)

West: Moderate Density Residential (MDR)


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LAND USE MAP

Subject property is outlined in orange and is indicated by a pink star.


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SITE PHOTOS

View of subject property with existing duplex on Lot 3 and vacant land on Lot 4 on North Manassas Street.

Notice the grade change from the sidewalk to the building setback.

Larger view of subject property along North Manassas Street. The Habitat house to the south is under construction

on Lot 5, but looks substantially complete from the outside.


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House to the south of the site is under construction by Habitat for Humanity of Greater Memphis.

Single-family houses to the north of the site. The existing duplex on Lot 3 is at the edge of the picture.


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View on the west side of North Manassas Street across from the site.

Humes Preparator Academy on the west side of North Manassas Street north of the site.


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House on the northeast corner of North Manassas Street and Orphanage Avenue built around 2011 by Habitat for

Humanity of Greater Memphis.

Looking north on Manassas Street from the corner of North Manassas Street and Orphanage Avenue.


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Looking south on Manassas Street toward the site near the corner of North Manassas Street and Orphanage

Avenue.

View of unimproved rear alley parallel to North Manassas Street from Orphanage Avenue.


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SITE PLAN


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ELEVATIONS ALONG MANASSAS STREET


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FLOOR PLAN


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STAFF ANALYSIS

Request and Justification

The application, response to the variance criteria, and letter of intent have been added to this report.

The applicant’s letter of intent states:

The applicant is seeking relief from Section 7.3.11 to provide multi-family units on two lots where it is not

permitted under the Moderate Density Residential (MDR) District. Rather than provide three large homes or a

traditional apartment building on the site that would be out of scale with the surrounding single family houses on

the street, the applicant proposes to construct six stacked duplex units that will be 30 feet in height. Three units

would be located along the North Manassas Street frontage to provide the look of three duplexes and three units

would be located behind the units fronting North Manassas Street. Access to the site will be provided from the

alley at the rear of the property that runs parallel to North Manassas Street. Per Andrew Murray, Director of

Planning and Community Development for the City of Memphis and Shelby County Community Redevelopment

Agency (CRA), the CRA is planning to improve the rear alley. The plans have been designed and the

improvement to the alley is anticipated sometime this summer.

The applicant’s justification from his letter of intent states:

Under “Describe Proposed Variation and Justification for Request,” states:

This sector of Manassas is unique in that it is heavily influenced by nearby non-residential uses

including (the former) Chism Trail Grocery site. Heavily used convenience store (corner of Jackson & Manassas)

and the institutional use across the street Humes H.S. In addition, Manassas has a variety of housing types now

and this concept we are proposing does not overly deviate from that look, feel and scale that the UDC intended

for this corridor.

Variance Criteria

Staff agrees the variance criteria as set out in the Unified Development Code Section 9.22.6 use variance are met.

Specifically, criterion B(I)) addresses use variance and must be answered in addition to criteria A(1-6) below.

9.22.6 Findings of Fact

A(1) Unusual characteristics of the property. The property is unusual in that it exhibits at least one of

the following exceptional physical features as compared to other properties located in the same

zoning district: exceptional topographic conditions, exceptional narrowness, exceptional


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shallowness, exceptional shape or any other extraordinary and exceptional situation or condition;

A(2) Practical difficulties or undue hardship. By reason of the unusual characteristics found to apply

in Paragraph 1, the strict application of any regulation found in this Code would result in peculiar

and exceptional practical difficulties to or exceptional or undue hardship upon the owner of such

property;

A(3) The unusual characteristic found to apply in Paragraph 1 is not the result from any deliberate

action by the owner;

A(4) That a variance from the strict application of this Code may be granted without substantial

detriment to the public good and without substantially impairing the intent and purpose of an

adopted plan and this Code;

A(5) The requested variance will be in harmony with the purpose and intent of this development code

and will not be injurious to the neighborhood or to the general welfare;

A(6) The variance is not granted simply because by granting the variance, the property could be utilized

more profitably or that the applicant would save money.

B(1) In addition to the findings established for other variances in Subsection A, the Board of Adjustment

shall also find that none of the uses permitted on the property are practical due to either the

unusual characteristic found to apply in Subsection A, Paragraph 1, or to any physical

improvements made upon the property.

Below are the applicant’s responses to the Criteria A(1-6) and B(1) from pages 27-28 state:

This location of this specific property is a transition zone between nearby commercial and

institutional uses that warrant the higher density requested in this application [Response to A(1)].

In order to properly secure that site with fencing and drive in gate to attract the work force from

nearby medical district area, a large expenditure is required which would not be justified unless a

slightly higher density is allowed. However, the intent of the architect and developer is to still

maintain a scale and look and feel of single family homes [A(2)]. No, it is not (the unusual

characteristic is not the result from and deliberate action by the owner) [A(3)]. Absolutely not,

this will be a very positive step forward in this area of Uptown Memphis {Responses to A(4 & 5)]

This is an effort to spur some positive energy and make Work Force Housing available in this area

that is within walking distance of St. Jude and Le Bonheur [A(6)].

The request to allow multiple buildings on this MDR labelled site is based upon the

statements made 9.22.6A 1 & 2. Again, our intent is to maintain a single-family look and feel to

the site by first of all facing all of the stacked duplexes to the street front door facing Manassas.

The units are not behind a fence so they will look “involved” with the street. [Response to B(1)]

Site Description

The subject property is located on the east side of North Manassas Street, approximately 300 feet north of Jackson

Avenue in the Smokey City Neighborhood and North Planning District. It is composed of two (2) lots, Lot 3

(Parcel Identification Number 027021 00015) and Lot 4 (Parcel Identification Number 027021 00014) of the

Leath & Jones Subdivision recorded in Plat Book 2, Page 30 in 1918. Per the Assessor of Property information

on these two lots, each lot measures 50’ x 150’ or 7,500 square feet each. Lot 3 contains a duplex with

approximately 2,040 square feet that was built in 1920. Lot 4 is vacant land. As you can see from the photograph

on page 9 of this staff report, the site is substantially elevated from the sidewalk (street level) and contains two

sets of steps from the public sidewalk up the hill.

North Manassas Street is identified as an Urban Collector Street on the Metropolitan Planning Organization’s

Roadway Functional Classification System for Shelby County, TN Map. It contains two lanes of traffic and is

improved with curb, gutter and sidewalk. There is a tree lawn/grass strip between the curb and sidewalk. There


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are overhead utilities.

There is an existing unimproved alley that runs parallel to North Manassas Street behind the subject property.

The applicant proposes to take access from the alley and provide parking abutting the alley at the back of the

proposed development.

Site Zoning History:

The current Moderate Density Residential (MDR) District dates back to the adoption of the Uptown Memphis

Zoning Regulations in 2001.

Relevant Unified Development Code Clauses Section 7.3.11, Uptown Special Purpose District, to permit six (6) stacked duplexes style units on two (2) lots

under the same ownership as shown on the site plan in the Moderate Density Residential (MDR) District. This

application functions as a multi-family development in a district that permits single-family dwellings, two-family

dwelling(s) and institutions.

Consistency with Memphis 3.0

This proposal is consistent with the Memphis 3.0 General Plan in an area designated as an Anchor Neighborhood-

Mix of Building Types. The description of an Anchor Neighborhood-Mix of Building Types is a walkable area

containing residential and mixed use districts within a 5-10-minute walk from a City wide anchor such as the

proposed Manassas Market located on both sides of Danny Thomas Boulevard between North Parkway and

Jackson Avenue. Goals for this designation are “support continued reinvestment and intensification of areas

within walking distance to urban core and medical and educational anchors to support these anchors.”.

The Degree of Change Map identifies this area as an area for acceleration. Memphis 3.0 recommends “Primarily

block-scale with some house-scale residential, commercial or mix of uses 1-8 stories (and potential occasional

highrise) if within ¼ of a mile of a City-wide anchor”.

The Memphis 3.0 General plan supports the introduction of additional density through the construction of the 6

stacked duplexes on these two lots as proposed by the applicant. Given the one story single family houses on

either side of the site, OPD would support a maximum height of 30’ as proposed by the applicant. Three of the

stacked duplexes face North Manassas Street with rear alley access giving the site a “more people oriented and

pedestrian friendly feel by activating the sidewalk and public space along the street.” Painting each duplex a

separate color similar to the existing scattered site single-family houses in Uptown will reduce the multi-family

look of the development.

The following excerpt from Memphis 3.0 addresses blight and vacancy in the Klondike and Smokey City

Neighborhoods:


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The site is located on the western edge of the Smokey City Neighborhood.

Conclusions

The stacked duplex concept is a way to increase density in this part of the Uptown Area and maintain a two-

family dwelling appearance from the street. Neotraditional planning concepts emphasize a mixture of land uses

at a pedestrian scale that use urban design principles rather than the Euclidean model of zoning, particularly in

Uptown Memphis. Uptown Memphis has employed a number of neotraditional techniques in its redevelopment

of the area such as providing parking between the buildings in the larger multi-family developments, restoration

of the alley system, rehabilitation of existing commercial structures operating in the neighborhood, planting trees

in the tree lawns to provide complete streets and enhance open space, etc. A total of 12 units in six (6) stacked

duplex structures will be provided that contain an interior courtyard between the units for recreation and gathering,

and a dog walk area. This is a new approach for multi-family in the Uptown Area. This approach provides the

opportunity for smaller pockets of multi-family to be integrated into the neighborhood under one ownership as

opposed to a large number of duplex units on separate lots under separate ownership as exemplified by the

Eastview Duplexes (across Walnut Grove Road from the rear of East High School). This smaller concentration

of units will permit more housing options for a more diverse population of people in the Uptown Area as well as

provide opportunities to live closer to work and utilize alternative forms of transportation.

Another example of an increase in density shows 4 residential buildings (cottages) and one live/work unit at the

corner of Looney Avenue and Third Street. Refer to the site plan below.


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View of project that shows all four structures.

This concept is also different from the live/work duplex and fourplex approved on Lots 1 and 14, and the four

cottages and two-story home on Lots 7 and 15 approved by this Board in the High Density Residential (HDR)

District for Malone Park Subdivision, Section B, BOA 18-82. Lot 7 also proposed a smaller studio cottage. Refer

to the site plan below.


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The three proposals seek to increase density and promote mixed use in Uptown Memphis.

The design and quality of materials is a critical element in creating density in the Downtown and Uptown Areas.

OPD Staff is recommending to paint each stacked duplex a different color similar to the scattered site single-

family houses (grey, light blue, pale yellow, beige and peach) as shown below throughout the Uptown Area. This

will help to differentiate each unit and make it appear less like a multi-family development.

Houses along Jackson Avenue, north of the Uptown Center West.

The front build-to-line shown on the site plan is 17’7”. The side build-to-lines and rear setbacks will be as shown

on the site plan. The house to the immediate north on Lot 2 is setback +/-25’, and the house on Lot 1 is setback

+/-17’ from North Manassas. The proposed development will create a staggered setback for this section of North

Manassas Street. The applicant is proposing wrought-iron fencing along the North Manassas Street frontage.

OPD Staff would recommend a site proof fence along the north and south property line and along the alley. A

site-proof wooden fence with a wrought iron gate will be provided along the alley. All Fencing shall comply with

Section 4.6.7.

The applicant shall provide a modified Type S-3 Streetscape plate with a Tree C along the North Manassas Street

frontage. In order to maintain the low-density residential feel of this section of North Manassas Street, OPD is

recommending any development sign be placed along the alley.

The granting of this variance will not cause substantial detriment to the public good, nor will it substantially

impair the intent and purpose of an adopted plan or the Code, nor will it be injurious to the neighborhood or the

general welfare, and it will be harmony with the purpose and intent of the development code.

The granting of this variance will not cause substantial detriment to the public good, nor will it substantially

impair the intent and purpose of an adopted plan or the Code, be injurious to the neighborhood and the general

welfare, and it will be harmony with the purpose and intent of the development code.


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RECOMMENDATION

Staff recommends approval with conditions.

Variance

1. Section 7.3.11, Uptown Special Purpose District, to permit six (6) stacked duplexes style units on two (2)

lots under the same ownership as shown on the site plan in the Moderate Density Residential (MDR)

District. This application functions as a multi-family development in a district that permits single-family

dwellings, two-family dwelling(s) and institutions.

Conditions

1. A front build-to-line of 17’7” shall be provided along the North Manassas Street frontage for each stacked

duplex unit. Side-to-build lines and rear setbacks shall be as shown on the site plan.

2. The applicant shall provide the interior courtyard and dog walk area as shown on the site plan.

3. A modified Type S-3 Streetscape plate with a Tree C shall be provided along the North Manassas Street

frontage. A Crepe Myrtle tree may be used in combination with another Tree C, but may not be used as the

only tree.

4. Each stacked duplex unit shall have a minimum four (4) foot sidewalk from the door of the first-floor unit to

the steps leading to the public sidewalk along the North Manassas Street frontage.

5. Any development sign shall be placed along the alley to maintain the low-density residential feel of this

section of North Manassas Street.

6. Each stacked duplex shall be painted a different color similar to the scattered site single-family houses (grey,

light blue, pale yellow, beige and peach, etc.) throughout the Uptown Area.

7. Each stacked duplex unit shall be constructed of quality materials that include treated wood, hardi-board,

vinyl-clad windows that look like wood, etc. Building materials shall be identified on the building elevations.

8. The maximum height permitted is 30 feet, and the first-floor elevation shall be a minimum of 18” above

finished grade.

9. Wrought iron fencing shall be provided along the North Manassas Street frontage and shall extend to the front

of the adjacent houses exclusive of the front porches to maintain a clear sight line of the street frontage for

the abutting single-family properties. Front yard fencing shall comply with Sub-Section 4.6.7C.

10. A wood sight-proof fence with a cap that is a minimum of six (6) feet in height shall be provided along the

north and south property lines and shall comply with Section 4.6.7.

11. A wrought iron gate and a wood sight-proof fence with a cap that is a minimum of six (6) feet in height shall

be provided along the alley in the rear and shall comply with Section 4.6.7.

12. Parking shall be located to the rear of the development as shown on the site plan and shall comply with the

MDR Required On-Site Parking Spaces in Sub-Section 7.3.5E and Accessible (Handicap) parking in Sub-

Section 4.5.3F.

13. Occupancy of each unit shall be limited to the definition of “family” as defined by the UDC.

14. Alley improvements shall be provided by the City of Memphis and Shelby County Community

Redevelopment Agency or the developer shall provide alley improvements along his portion of the alley if

the development is constructed before the CRA improves the alley.

15. A final site plan shall be submitted that lists the variance and conditions approved by the Memphis and Shelby

County Board of Adjustment, delineates the build-to-lines and setbacks for each unit, shows the location of

all fences, provides a typical fence detail with fence height and materials, building elevations with the

identification of building materials, landscaping, etc. The site plan shall be drawn at a scale 1 inch equal 20

feet. The BAO case number shall be provided on the site plan.

16. Any change or deviation from the site plan upon the determination of the Planning Director shall be submitted

to the Board of Adjustment for review and approval or administrative review and approval by the Office of

Planning and Development.

17. The submitted concept plan is the approved plan and is to be marked and made part of the records of


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this case. Such approval is based in part upon the Board’s evaluation and conclusion that the plan, as

approved, eliminates or minimizes the potentially harmful characteristics or impact upon the

surrounding properties.

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

City Engineer:

BOA 19-42: UPTOWN: 628 & 634 Manassas

1. UDC Section 5.2 Streets and Alleys: alley will be improved to south property line of development to

Orphanage by developer, will need to submit plan & profile to Land Development and enter into a street

cut permit.

City Fire Division: No comments received.

City Real Estate: No comments received.

City/County Health Department: Water Quality Branch & Septic Tank Program:

• No comments.

Shelby County Schools: No comments received.

Construction Code Enforcement: No comments received.

Memphis Light, Gas and Water: MLGW has reviewed the referenced application, and has no objection, subject to the following conditions:

• It is the responsibility of the owner/applicant to identify any utility easements, whether dedicated or

prescriptive (electric, gas, water, CATV, telephone, sewer, drainage, etc.), which may encumber the subject

property, including underground and overhead facilities.

• No permanent structures, development or improvements are allowed within any utility easements, without

prior MLGW written approval.

• It is the responsibility of the owner/applicant to comply with the National Electric Safety Code (NESC) and

maintain minimum horizontal/vertical clearances between existing overhead electric facilities and any proposed

structures.

• Underground Utility separation and clearance: The subject property is encumbered by existing utilities which

may include overhead and underground facilities. It is the responsibility of the owner/applicant to maintain a

minimum 3-foot (3') separation between any existing underground service lines or utilities and any proposed

permanent structure or facility. This separation is necessary to provide sufficient space for any excavations to

perform service, maintenance or replacement of existing utilities.

• It is the responsibility of the owner/applicant to pay the cost of any work performed by MLGW to install,

remove or relocate any facilities to accommodate the proposed development.

• It is the responsibility of the owner/applicant to contact TN-1-CALL @ 1.800.351.1111, before digging, and

to determine the location of any underground utilities including electric, gas, water, CATV, telephone, etc.

• It is the responsibility of the owner/applicant to comply with Memphis/Shelby County Zoning Ordinance -

Landscape and Screening Regulations.

• Street Trees are prohibited, subject to the review and approval of the landscape plan by MLGW Engineering. It

is the responsibility of the owner/applicant to submit a detailed landscape plan to MLGW Engineering.

• Landscaping is prohibited within any MLGW utility easement without prior MLGW approval.

• Street Names: It is the responsibility of the owner/applicant to contact MLGW–Address Assignment @ 729-

8628 and submit proposed street names for review and approval. Please use the following link to the MLGW


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Land & Mapping website for Street Naming Guidelines and the Online Street Name Search:

http://www.mlgw.com/builders/landandmapping

• It is the responsibility of the owner/applicant to submit a detailed plan to MLGW Engineering for the purposes

of determining the impact on or conflict with any existing utilities, and the availability and capacity of existing

utility services to serve any proposed or future development(s). Application for utility service is necessary before

plats can be recorded.

o All residential developers must contact MLGW's Residential Engineer at Builder Services: (901) 729-8675

to initiate the utility application process.

o All commercial developers must contact MLGW's Builder Services line at 729-8630 (select option 2) to

initiate the utility application process.

• It is the responsibility of the owner/applicant to pay the cost of any utility system improvements necessary to

serve the proposed development with electric, gas or water utilities.

Respectfully Submitted,

MEMPHIS LIGHT, GAS and WATER DIVISION

TOM WORD

Utility Coordinator

[email protected]

Memphis Light, Gas and Water Division

Utility Coordinator: AB/01-349

220 S. Main St. * 38103-3917

P.O. Box 430 * 38101-0430

Land and Mapping-Address Assignment:

Street name should be shown as “N Manassas St”.

Office of Resilience:

• We have reviewed the cases below (including BOA 19-42) from the standpoint of Resilience and we have

no comments.

https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.mlgw.com%2Fbuilders%2Flandandmapping&data=02%7C01%7CMarion.Jones%40memphistn.gov%7Ca00d2a8bb08e469c9c5408d6b2fb514c%7C416475616537442396a9859e89f8919f%7C0%7C0%7C636893189808569375&sdata=b9hx2jPvo39mi%2BtPyuDqyrpi5hf2omb8ZnZthjic5Xo%3D&reserved=0

mailto:[email protected]


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APPLICATION (Revised May 5, 2019)


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Signature is on the original application in the file.


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LETTER OF INTENT


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LETTERS RECEIVED

One letter received at the time of completion of this report.


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Sean Isham of Shelby County School called to check the status of the case in April, but had no comment.

CASE NUMBER: BOA 19-42 City B.O.A. MEETING: May 22, …

Documents

Transcript of CASE NUMBER: BOA 19-42 City B.O.A. MEETING: May 22, …