Staff Report #8

MEMPHIS AND SHELBY COUNTY OFFICE OF PLANNING AND DEVELOPMENT STAFF REPORT #8

CASE NUMBER: PD 12-323 L.U.C.B. MEETING: 1/10/2013

DEVELOPMENT NAME: Memphis Pyramid PD

LOCATION: Southwest corner of A W Willis Avenue and Front Street and extending south 1,600’ to Winchester Street

COUNCIL DISTRICT: 7

SUPER DISTRICT 8

OWNER OF RECORD/APPLICANT: City of Memphis, State of Tennessee

REPRESENTATIVE: Alan Barner, O.T. Marshall Architects

REQUEST: Retail Sales, Hotel, Outdoor Sales and Display

AREA: 47.64 Acres

EXISTING LAND USE & ZONING: The Pyramid, former indoor recreational and performance space in the Heavy Industrial (I-H) and Heavy Industrial Floodplain (I-H [FP]) Districts

OFFICE OF PLANNING AND DEVELOPMENT RECOMMENDATION

APPROVAL WITH CONDITIONS

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

CONCLUSIONS

1. The site is somewhat isolated from the balance of the Downtown area with limited access and sits below the street level of Front Street. 2. While somewhat isolated, it is nonetheless well served by access to an Interstate, major roads and public transit. 3. The adaptive re-use of the former Pyramid Arena fits well into plans to create a more active Mississippi Riverfront, works with nearby public amenities such as Mud Island and the Convention Center and adds another attraction to compliment Beale Street and Graceland. 4. For these reasons the staff can support this P.D. application with a wide range of active retail and recreation, and display uses.

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General Location Map

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LAND USES AND ZONING MAP

SURROUNDING LAND USES AND ZONING: North: A Governmental Use (Coast Guard) and vacant building in the Heavy Industrial (I-H) and Heavy Industrial Floodplain (I-H[FP]) Districts

East: Commercial uses including dry cleaner and alterations, office, surface parking and a MLGW Electric Substation in the Mixed Use District

South: Land devoted to parking, drive aisles, and support structures for the I-40 Interstate Bridge and Access Ramps in the Heavy Industrial (I-H) and Heavy Industrial Floodplain (I-H[FP]) Districts

West: Wolf River Harbor, vacant land, and multi-family housing in the Residential Urban – 3 (RU-3) and Residential Urban -3 and Floodplain (RU-3[FP]) Districts Staff Report January 10, 2013 P.D. 12-323 Page 4

Concept Plan

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Outline Plan/Survey

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STAFF ANALYSIS:

General Location:

The subject property is the Pyramid Arena and its parking areas to the north and south. The site extends from the southwest corner of Front Street and A.W. Willis southward some 1,600 along Front Street. The ramps for Interstate 40 form the southern boundary. The Wolf River Harbor forms the west boundary.

Request:

The subject property includes some 50 acres of land including the current Pyramid Arena, parking areas and drive aisles.

The Concept Plan is to redevelop the former basketball arena into the Bass Pro Shops with festive retail space, indoor and outdoor recreation space, displays, and hotel rooms. The Concept Plan includes a heavily landscaped area around the parking and outdoor display areas, pools and ponds, and a pedestrian trail system. The Concept Plan also calls for three “out-parcels” along Front Street.

The Uses Permitted section of the Planned Development Conditions sets out a detailed list of uses to be permitted for the Retail Store and the surrounding areas. A list of prohibited uses is also provided.

Review of Request:

Need for the P.D. - While the underlying zoning (Heavy Industrial) permits a broad range of uses both indoor and outdoor, it does not permit one of the important accessory uses to this project, a Hotel. In addition, the concept plan shows areas set aside for future development, the Out-Parcels. The P.D. process can be structured to allow for the addition of some uses not permitted by the underlying zoning and the exclusion of other uses not deemed conducive to the overall development or its neighbors.

Permitted Uses - In this review, staff has determined that the Central Business District Zoning, with some modifications, is a better choice to regulate the development of this site. Some of the originally requested uses have been modified, and some additional prohibitions have been added.

Review Considerations - The site is somewhat isolated from balance of the Downtown area. The site sits below Front Street and is access from the north at a curb cut near the intersection with Front Street and A.W. Willis. Access to the south comes via an internal network that begins at Adams Avenue. Part of this access will be improved with a Boulevard Street that will take place outside of the boundaries of this P.D.

The adaptive re-use of the former Pyramid Arena is an important project. This redevelopment fits well into plans to create a more active Mississippi River front. It compliments Mud Island and the Staff Report January 10, 2013 P.D. 12-323 Page 7

Convention Center and adds another attraction to compliment Beale Street and Graceland. While somewhat isolated, it is nonetheless well served by access to an Interstate and major roads and public transit.

For these reasons the staff can support this P.D. application with a wide range of active retail and recreation, and display uses.

RECOMMENDATION: APPROVAL WITH CONDITIONS

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OUTLINE PLAN CONDITIONS: Pyramid Planned Development P.D. 12-323

I. Uses Permitted:

Uses permitted by right or special use permit in the Central Business District in the following Use Categories under 2.5 Permitted Use Table; Indoor Recreation, Office, Overnight Lodging, Commercial Parking, Restaurant, Retail Sales and Service, and further specified for inclusion or exclusion below :

A. The following uses shall be permitted uses within [the portion of the site designated “Retail Store” (the Pyramid) on the site plan]:

1. Retail sales of sporting goods, sporting equipment and sporting services of all types and kinds and sales of all other goods and services and other items of the type sold at the retail stores in the United States operated under the name “Bass Pro Shops Outdoor World”, or such other trade name as may be adopted by the retailer known as “Bass Pro” from time to time, including, without limitation:

a. The sale, display, service and storage of: 1. boats, 2. recreational vehicles, 3. off-road vehicles, and 4. all-terrain vehicles; and (locations shown on the Final Plat and subject to screening as required by 4.8)

b The sale of: 1. videos, 2. magazines, 3 gifts, 4 household furnishings, 5. cameras, 6. film, 7. toys, 8. jewelry, 9. travel, 10. taxidermy, 11. marine products, 12. fishing products and services, 13. camping products and services, 14. hunting products and services, 15. golf products and services, 16. NASCAR related apparel, 17. gift items and activities, Staff Report January 10, 2013 P.D. 12-323 Page 9

18. accessories, 19. apparel, 20. footwear, 21. bikes, 22. skis and ski products, 23. scuba gear, and 24. firearms, ammunition and components;

c. All related and compatible uses, including, without limitation:

1. bowling facility and related uses, 2. conducting of special events, 3. conducting of indoor and/or outdoor education seminars, 4. indoor gun and/or archery range, 5. indoor golf range, 6. indoor sporting goods demonstration area(s), and 7. operation of a snack-bar, food service court and/or a restaurant or restaurants with or without a bar serving liquor, wine and beer; and

d. All uses which are related to or compatible with the uses set forth above, including, without limitation:

1. the operation of a restaurant or restaurants with or without a bar serving liquor, wine and beer, 2. the operation of a hotel, and 3. the operation of an aquarium and/or a museum.

B. The following uses shall be permitted in all other portions of the site: Uses permitted in accordance with the Central Business District (CBD) including:

1. An “outpost” or convenience store type of operation for the sale of, without limitation: a. Food (prepackaged and freshly prepared), b. Beverages (alcoholic and non-alcoholic), c. Fuel, and d. live bait,

2. Additional uses with some limitations:

a. gun and/or archery range, (indoor only) b. golf range, based on a site plan and subject to OPD approval or indoor only c. sporting goods demonstration area(s), subject to an approved site plan d. one or more restaurants with or without a bar serving liquor, wine and beer, Staff Report January 10, 2013 P.D. 12-323 Page 10

e. hotel, f. aquarium, g. museum, and h. Outdoor sales of merchandise and services sold in the [Retail Store]; with the location of such areas demonstrated on the Final Plat and subject to approval by OPD

C. Provided, however, that none of the following uses shall be permitted thereon:

1. Any public or private nuisance,

2. Any business or use that emits offensive odors, fumes, dust or vapors or which emits loud noise which is reasonably objectionable to the owners and invitees of properties in the immediate vicinity of the site provided however, that sections (a) and (b) hereof shall not apply to activities in the ordinary course of construction and property management activities occurring on or about the site,

3. Any warehouse use (use of any area within a building for the storage of goods intended to be sold at any retail establishment in such building will not be deemed to be a warehouse use),

4. Assembling, manufacturing, refining, smelting, agriculture or mining operation or drilling for oil, gas or other minerals,

5. Any second hand store, “army/navy surplus” store, pawn shop, flea market, laundry, animal hospital, mortuary or funeral establishment,

6. Any establishment distributing, selling, exhibiting or offering the use of pornographic, sexually explicit or obscene material,

7. Any mobile home park, trailer court, labor camp, junkyard, or stockyard; provided, however, this prohibition shall not be applicable to the temporary use of construction trailers during periods of construction, reconstruction or maintenance,

8. Any dumping, disposing, incineration or reduction of garbage; provided, however, this prohibition shall not be applicable to garbage compactors, dumpsters or balers located within or near the rear of any building,

9. Any automobile, truck, trailer or recreational vehicle body shop or repair operation (specifically excluding, however, the sale, display, service or storage of boats, recreational vehicles, off-road vehicles and all-terrain vehicles at the site),

10. Any animal raising or boarding facility (specifically excluding, however, aquariums),

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11. Any establishment selling paraphernalia related to consumption of illegal drugs, or which exhibits either live or by other means to any degree, nude or partially clothed persons, any tattoo parlors or any so-called massage parlors,

12. Residential rental facilities, golf courses, country clubs, suntan facilities, race tracks or other gambling facilities (specifically excluding, however, hotels, motels and lodging facilities for travelers and other paying guests),

13. Building supplies or lumberyard,

14. Gasoline station or any public business which provides oil, gas or petroleum products as its primary purpose (specifically excluding, however, an “outpost” or convenience store type of operation for the sale of, without limitation, food (prepackaged and freshly prepared), beverages (alcoholic and non-alcoholic), fuel and live bait),

15. Off-track or pari-mutual betting center, or any product or service whose primary function is to collect wagers on various sporting or public/private events, or

16. Church, synagogue, mosque and other religious houses of worship.

17. Off-premise Signs

18. Pawn Shops

19. Payday loans, or title loans establishment

20. Commercial Greenhouse or nursery

II. Building Envelope Standards:

A. All new construction shall be regulated by the Building Envelope Standards of the Central Business District (CBD). The Final Plat shall demonstrate the existing setbacks and height of the “Retail Store”.

B. New buildings may be composed of a variety of materials to be complementary to the main building (the Retail Store/the Pyramid) and those of its immediate environs. Under no circumstances shall a new building be composed of completely of metal.

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III. Access, Circulation, and Parking:

A. The Developer shall be responsible for the repair and/or replacement of all existing curb and gutter along the frontage of this site as necessary.

B. All existing sidewalks and curb openings along the frontage of this site shall be inspected for ADA compliance. The developer shall be responsible for any reconstruction or repair necessary to meet City standards,

C. All private drives/rear service drives shall be constructed to meet pavement requirements of the Unified Development Code, applicable City Standards, and provide a minimum width of twenty-two feet (22').

D. The City Engineer shall approve the design, number and location of curb cuts.

E. Any existing nonconforming curb cuts shall be modified to meet current City Standards or closed with curb, gutter and sidewalk.

F. Provide internal circulation between adjacent phases, lots, and sections. Common ingress/egress easements shall be shown on the final plats.

G. Access to the Future Out Parcels shall be provided via an internal street.

H. Parking and loading as required by Chapter 4.5. Alternatives may be considered during Plan Review.

I. All areas designated for parking shall include concrete or asphalt.

IV. Landscaping and Signage:

A. A detailed landscape plan consistent with the concept plan for the perimeter and interior of this site shall be filed with the Final Plat.

B. Where practicable, Front Street shall be landscaped consistent with the S-1 Plate.

C. Along the north property line (abutting A.W. Willis) the applicant shall provide a Class I , Type C (no fence or shrubs required) Treatment.

D. Along the west property line (abutting the Wolf River Harbor) the applicant shall provide a Class III, Type C (if fencing is provided, it shall be ornamental, wrought iron) Treatment

E. Landscaping for the parking areas shall be equivalent to Sub-section 4.5.5. D.

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F. Loading areas shall be screened by landscaping or a combination of landscaping and walls.

G. HVAC and other related equipment shall be screened by landscaping or a combination of landscaping and walls.

H. Required landscaping shall not be placed on sewer or drainage easements.

I. Signs shall be regulated by the CBD District and subject to review by the Memphis Downtown Commission.

J. Alternatives to the required landscaping and screening requirements above may be presented at Final Plat Review.

V. Drainage: Drainage improvements, including possible on-site detention, shall be provided under a Standard Subdivision contract in accordance with Unified Development Code and the City of Memphis Drainage Design Manual.

VI. The Land Use Control Board may modify the bulk, access, parking, landscaping, loading, screening, signage, and other site requirements if equivalent alternatives are presented; provided, however, any adjacent property owner who is dissatisfied with the modifications of the Land Use Control Board hereunder may, within ten days of such action file a written appeal to the director of the Office of Planning and Development, to have such action reviewed by the Appropriate Governing body.

VII. A final plan shall be filed within five years of the approval of the outline plan. The Land Use Control Board may grant extensions at the request of the applicant.

VIII. Any final plan shall include the following:

A. The Outline Plan conditions.

B. A standard improvement contract as defined by the Subdivision Regulations of r any needed public improvements.

C. The exact location and dimensions including height, of all buildings, parking areas, utility easements, drives, trash receptacles, loading facilities, and required landscaping and screening areas.

D. The number of parking spaces

E. The location and ownership, whether public or private of any easement.

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F. If applicable, a statement conveying all common facilities and areas to a property owner’s association or other entity, for ownership and maintenance purposes.

G. The following note shall be placed on the final plat of any development requiring on-site storm water detention facilities: The areas denoted by "Reserved for Storm Water Detention" shall not be used as a building site or filled without first obtaining written permission from the City Engineer. The storm water detention systems located in these areas, except for those parts located in a public drainage easement, shall be owned and maintained by the property owner and/or property owners' association. Such maintenance shall be performed so as to ensure that the system operates in accordance with the approved plan on file in the City Engineer's Office. Such maintenance shall include, but not be limited to: removal of sedimentation, fallen objects, debris and trash, mowing, outlet cleaning, and repair of drainage structures.

H. The 100 year flood plain boundary line and elevation. plat and engineering plans.

I. The Floodway boundary shall be reflected on the final plat and engineering plans.

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GENERAL INFORMATION

Street Frontage: Front Street ………+/- 1, 630.08’ A.W. Willis………. +/- 399.81’

Planning District: Downtown Medical Center

Census Tract: 113.00

Zoning Atlas Page: 1925

Parcel ID: 001004 00001C, 001004 00002Z, 001005 00001Z, 001006 00003, 001006 00004, 001005 00002Z, 001006 00007, 001004 00001Z, 001006 00006

DEPARTMENTAL COMMENTS

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

City Engineer:

1. The expected outline plan/preliminary plan is missing. It is therefore difficult to tell what access is proposed for the out parcels on Front Street.

2. City sanitary sewers are available at developer's expense.

3. The Developer shall be responsible for the repair and/or replacement of all existing curb and gutter along the frontage of this site as necessary.

4. All existing sidewalks and curb openings along the frontage of this site shall be inspected for ADA compliance. The developer shall be responsible for any reconstruction or repair necessary to meet City standards,

5. All private drives/rear service drives shall be constructed to meet pavement requirements of the Unified Development Code, applicable City Standards, and provide a minimum width of twenty- two feet (22').

6. The City Engineer shall approve the design, number and location of curb cuts.

7. Any existing nonconforming curb cuts shall be modified to meet current City Standards or closed with curb, gutter and sidewalk.

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8. Drainage improvements, including possible on-site detention, shall be provided under a Standard Subdivision contract in accordance with Unified Development Code and the City of Memphis Drainage Design Manual.

9. Provide internal circulation between adjacent phases, lots, and sections. Common ingress/egress easements shall be shown on the final plats.

10. The width of all existing off-street sewer easements shall be widened to meet current city standards.

11. Required landscaping shall not be placed on sewer or drainage easements.

City Fire Division: √ No Comment

City Real Estate: No comments received.

Health Dept

1. Abandoned wells of any type must be properly filled as outlined in the Shelby County Well Construction Code. 2. If any monitoring wells were installed as part of an environmental site assessment they must be filled as outlined in Section 6 of the Shelby County Well Construction Code. 3. Soil borings that were installed as part of an environmental site assessment must be properly abandoned as outlined in Section 7 of the Shelby County Well Construction Code. 4. Any demolition at the site must be permitted by the Field Services Branch in the Pollution Control Section and they can be reached via telephone at (901) 222-8219.