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CONCLUSIONS Approval with Conditions

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CONCLUSIONS Approval with Conditions 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. 2 Staff Report July 25, 2018 BOA 18-55 Page 3 LOCATION MAP SUBJECT PROPERTY Subject property located within the pink circle, Fisherville neighborhood 3 Staff Report July 25, 2018 BOA 18-55 Page 4 VICINITY MAP Subject property outlined in blue 4 Staff Report July 25, 2018 BOA 18-55 Page 5 AERIAL Subject property outlined in yellow, imagery from March 14, 2018 5 Staff Report July 25, 2018 BOA 18-55 Page 6 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) 6 Staff Report July 25, 2018 BOA 18-55 Page 7 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. 7 Staff Report July 25, 2018 BOA 18-55 Page 8 SITE PLAN 8 Staff Report July 25, 2018 BOA 18-55 Page 9 SITE PHOTOS View of subject property from the northwesternmost point looking southeast View of subject property from the southwesternmost point looking northeast 9 Staff Report July 25, 2018 BOA 18-55 Page 10 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 10 Staff Report July 25, 2018 BOA 18-55 Page 11 View across from the center of the subject property looking west 11 Staff Report July 25, 2018 BOA 18-55 Page 12 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. 12 Staff Report July 25, 2018 BOA 18-55 Page 13 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. 13 Staff Report July 25, 2018 BOA 18-55 Page 14 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. 14 Staff Report July 25, 2018 BOA 18-55 Page 15 APPLICATION 15 Staff Report July 25, 2018 BOA 18-55 Page 16 RESPONSE TO VARIANCE CRITERIA 16 Staff Report July 25, 2018 BOA 18-55 Page 17 17 Staff Report July 25, 2018 BOA 18-55 Page 18 LETTER OF INTENT 18 Staff Report July 25, 2018 BOA 18-55 Page 19 FEDERAL AVIATION ADMINISTRATION APPLICATION 19 Staff Report July 25, 2018 BOA 18-55 Page 20 20 Staff Report July 25, 2018 BOA 18-55 Page 21 21 Staff Report July 25, 2018 BOA 18-55 Page 22 22 Staff Report July 25, 2018 BOA 18-55 Page 23 23 Staff Report July 25, 2018 BOA 18-55 Page 24 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. 24 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" <[email protected]> wrote: The address is 0 Collierville-Arlington Road.
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