AGENDA ITEM: 3

CASE NUMBER: BOA 18-55 (County) B.O.A. MEETING: July 25, 2018

LOCATION: East side of North Collierville-Arlington Road, 1.5 miles south of Macon Road

OWNER/APPLICANT: Arthur D. Hargett Jr. / David E. Nelson

REQUEST: Use variance from Section 2.5.2 to allow a private airport with one runway

AREA: +/-39.90 acres

EXISTING ZONING: Conservation Agriculture (CA), Floodplain Overlay (FP), and Floodway (FW)

CONCLUSIONS

1. The applicant is seeking relief from Section 2.5.2 of the Unified Development Code to allow a private airstrip.

2. As conditioned this private airport with one runway is limited to non-commercial activities and a maximum of 72 landings per calendar year (average of six landings a month).

3. 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.

RECOMMENDATION: Approval with conditions

Staff Writer: Jeffrey Penzes E-mail: [email protected] Staff Report July 25, 2018 BOA 18-55 Page 2

GENERAL INFORMATION

Street Frontage: North Collierville-Arlington Road +/-840.25 linear feet

Zoning Atlas Page: 2065

Parcel ID: D0217 00139

Existing Zoning: Conservation Agriculture (CA), Floodplain Overlay (FP), and Floodway (FW)

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 26 notices were mailed on July 10, 2018.

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LOCATION MAP

SUBJECT PROPERTY

Subject property located within the pink circle, Fisherville neighborhood

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VICINITY MAP

Subject property outlined in blue

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AERIAL

Subject property outlined in yellow, imagery from March 14, 2018

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ZONING MAP

Subject property outlined in yellow

Existing Zoning: Conservation Agriculture (CA), Floodplain Overlay (FP), and Floodway (FW)

Surrounding Zoning

North: CA, FP, and FW

East: CA, FP, and FW

South: CA and FP

West: CA, FP, FW, and SUP 08-231 converted to UV 08-11 (approved use variation for an electrical contracting business office and warehouse)

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LAND USE MAP

Subject property outlined in electric blue and indicated by a pink star.

The large parcels in this area are primarily farmland or forest and those indicated in yellow additionally contain residential single-family homes.

The purple industrial parcel is the approved use variation (UV 08-11) for an electrical contracting business office and warehouse.

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SITE PLAN

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SITE PHOTOS

View of subject property from the northwesternmost point looking southeast

View of subject property from the southwesternmost point looking northeast

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View down North Collierville-Arlington Road from the northwesternmost point of the subject property looking north

View down North Collierville-Arlington Road from the southwesternmost point of the subject property looking south

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View across from the center of the subject property looking west

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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 request is a use variance from Section 2.5.2 to allow a private airport with one runway.

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

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 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.

Site Description The subject property is a +/-39.90-acre single parcel (D0217 00139) located on the east side of North Collierville- Arlington Road, 1.5 miles south of Macon Road, in the Fisherville neighborhood and is zoned Conservation Agriculture (CA), Floodplain Overlay (FP) and Floodway. The site is currently being used mostly as farm land, but it does contain wooded areas as well.

Conclusions The applicant is seeking relief from Section 2.5.2 of the Unified Development Code to allow a private airstrip.

As conditioned this private airport with one runway is limited to non-commercial activities and a maximum of 72 landings per calendar year (average of six landings a month).

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.

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RECOMMENDATION Staff recommends approval with conditions.

Conditions 1. 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.

2. A use variance shall be granted to allow a non-commercial private airport with one runway.

3. Landings shall be limited to a maximum of 72 per calendar year.

4. All development on this site must comply with Section 3.5.3 and Chapter 8.8 of the Unified Development Code (the Floodway and Floodplain regulations).

5. All Federal Aviation Administration rules and regulations shall be abided by and the airport owner shall be responsible for providing proof of compliance to the Building Official.

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

City/County Engineer: No comments received. City/County Fire Division: No comments received. City Real Estate: No comments received. City/County Health Department: Water Quality Branch 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.

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APPLICATION

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RESPONSE TO VARIANCE CRITERIA

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LETTER OF INTENT

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FEDERAL AVIATION ADMINISTRATION APPLICATION

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LETTERS RECEIVED One letter of support and three letters of opposition were received at the time of completion of this report and have subsequently been attached.

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From: Susan Roberts To: Penzes, Jeffrey Subject: Re: BOA 18-55 CO Fisherville Date: Monday, July 02, 2018 9:10:18 AM Attachments: image001.jpg

Thank you for your quick response - and for the attached documentation! With these explanations, I am completely ok with the proposal. In most all regards, I feel property owners should be allowed to use their property as they desire - NOT if it is detrimental to the overall community. We have you officials there to protect all of us without infringing on one another's rights - I thank you for the notifications of changes that I see on the "Nextdoor" website . susan

On Thursday, June 28, 2018 9:52 AM, "Penzes, Jeffrey" wrote:

The address is 0 Collierville-Arlington Road. The parcel ID is D0217 00139 which can be used in conjunction with the Shelby County Assessor’s website to look-up the location of the property or the attached application contains some aerial images as well. https://www.assessor.shelby.tn.us/content.aspx?key=PropertySearch

The Letter of Intent states it is for a private airstrip for the applicants aircraft and mentions a future barn being construed to house the aircraft and farm equipment.

The site is currently zoned Conservation Agriculture (CA) and within a Flood Plain see Section 2.5.2 of the Unified Development Code for permitted uses in the CA District and Chapter 8.8 for the additional Flood Plain Overlay District regulations. The Unified Development Code can be found at the link below. http://www.shelbycountytn.gov/924/Zoning-Subdivision

I’ve cc’d the applicant on this email as he should be able to provide further details about the exact use of his aircraft.

BOA 18-59 CO is not related to this case.

Thanks,

Jeffrey Penzes Municipal Planner Memphis and Shelby County Office of Planning and Development City Hall |125 North Main, Suite 468 | Memphis, TN 38103 p: (901) 636-6601 Visit our website

From: Susan Roberts [mailto:[email protected]] Sent: Thursday, June 28, 2018 9:08 AM To: Penzes, Jeffrey Subject: BOA 18-55 CO Fisherville

Dear Sir:

I live in Fisherville. Can you give an exact address of this property for the proposed airstrip? Will the strip be used for personal flights or is there a home-based-business of some sort that will be distributing goods from there? Does this case have anything to do with BOA 18-59 CO where they are requesting a lot of fewer than 2 acres to build a house?

I'm anxious for your response. Respectfully,

Susan Roberts

Virus-free. www.avg.com

From: jerry martin To: Penzes, Jeffrey Cc: Jerry Martin; Pat Martin; Leslie Martin Subject: BOA 18-55 CO, opposition to airstrip variance Date: Wednesday, July 18, 2018 9:55:36 AM

Mr. Penzes,

Our family lives on a 28-acre farm at 355 N. Collierville-Arlington Road. Our horse barn and home are in the flight path of the proposed airstrip in variance Case Number BOA 18-55 CO. I would like to attend the hearing to voice my concerns and opposition to the variance, but my work will have me at Sheppard Air Force Base the week of the hearing. Therefore, please accept this email voicing my opposition for the following reasons:

1. Concerning the application, the airstrip is proposed as grass/asphalt. It appears the applicant plans to asphalt the runway at a future date. Impervious pavement is not suitable ecologically for the floodplain of the Mary’s Creek watershed and is not in keeping with the agricultural zoning of the area. In addition, the airstrip’s fueling operations would not be suitable for the watershed. The application mentions the construction of a “barn.” I assume this is actually a metal building aircraft hangar and not a barn in the true sense of the word. The application mentions possible use as an “emergency heliport facility for life saving transportation.” Based on the location of the proposed airstrip, the location of existing emergency heliports in our area and the proximity to hospitals in the Memphis area, this sounds like propaganda for favorable approval. 2. Our primary concern with the proposed construction of an airstrip is noise. Overlaying the airstrip application’s Site Plan over the Shelby County Tax Maps, our horse barn is located directly in line with, and 920 feet from, the west end of the runway and our house is 380 feet south of the barn. Aircraft landing or departing from runway 08 will not likely veer northerly away from our home due to the existing high-voltage electrical distribution lines, and will either fly directly over our barn or veer over our home. In addition to the potential noise pollution, our horses can easily be spooked by landing and departing aircraft. Our daughter, an accomplished equestrian rider, is in the planning stages of utilizing our horses and barn as an equestrian lesson facility for younger riders. An equestrian riding center for young kids and an airstrip are not compatible land-use functions. 3. We owned a home at 11585 Whispering Pines Drive, Olive Branch, Mississippi up until October of 2016. After purchasing that home we discovered that the home was in the flight path of the Olive Branch Airport. The primary noise generating aircraft that disturbed our semi-rural setting was from single-engine aircraft departing and landing at the Olive Branch Airport. In the fall of 2016 we found our present farm with barn. We chose this location for its agricultural zoning, the barn, a location for our horses, the natural setting of the Mary’s Creek floodplain and the peace and quiet offered by the farm.

We would like to maintain the peaceful agricultural zoning of our new farm. Agricultural- zoned land in Shelby County is very limited. Please help us to maintain the original zoning intent of our property and the Mary’s Creek Watershed. Please help our rural community maintain the desirable greenbelt in which we are located. Thank you, Jerry Martin, AIA 901-861-4200 (cell) Keith Dunham 8705 Cumbernauld Circle North Germantown, Tennessee 38139 (901) 237-4363

July 16, 2018 ATTN: Mr. Jeffrey Penzes Memphis and Shelby County Office of Planning and Development Council Chambers on First Floor of City Hall 125 N. Main Street Memphis, Tennessee 38103 Email: [email protected]

Re: Notice of Public Hearing

Case Number: BOA 18-55 CO Location: East Side of Collierville-Arlington, 1.5. miles south of Macon Applicant: David E. Nelson Request: Reject Use Variance from Section 2.5.2 to allow a private airstrip Date of Hearing: Wednesday, July 25, 2018 at 2 p.m.

Dear Mr. Penzes: I would have attended the hearing; however, I already had an out of town engagement scheduled at the same time. So please advise if some additional action is needed on my behalf. I am lodging a formal objection to the placement of an airfield at this location. I am the owner of the property directly due north and east of this proposed airstrip. We are developing the land as a residential community with permanent dwellings to be located within mere yards of this proposed airstrip. Therefore, we strenuously urge for a rejection of this variance. The reasons for this objection include but are not limited to the following: the actual dangers of low flying aircraft; physical pollution caused by the aircraft fuel; numerous environmental hazards; and, aircraft sound nuisance levels would greatly affect the lives and property values of the future home owners. Furthermore, all individuals in a broad vicinity will be physically at risk if airplanes are allowed to fly to and from this location. Let me know if I may be of any further assistance to my position. Sincerely,

Keith Dunham Property Owner & Developer

KD:sm

From: Wylie W Bingham To: Penzes, Jeffrey Subject: Objection to airstrip case number BOA 1855co Date: Sunday, July 15, 2018 5:36:30 PM

This letter is to communicate to the Memphis and Shelby County Office of Planning and Development our objection to the proposed airstrip (case # BOA1855CO) located on the east side of Collierville-Arlington Rd., 1.5 miles south of Macon Rd. Our property is adjacent to this parcel north of the requested variance.of zoning. This land is zoned for agricultural and residential.

Our opposition to this use variance includes ,but not limited to:

A) Close proximity to existing homes B) Increased noise C) Decreased value of homes D) Too close to existing TVA lines E) Too close to existing subdivisions to the east and west F) Flooding during heavy rain affecting properties to the south and north of proposed airstrip.

Respectfully Submitted,

Wylie W. Bingham Linda H. Bingham 540 N. Collierville-Arlington Rd. Collierville TN 38017 901-853-0570 July 15,2018