Agenda Number: PC 13-20

Meeting Date: June 6, 2013

REPORT TO THE PLANNING COMMISSION SUBJECT: Three separate, but related, applications for the VIP Storage Facility, which is an existing 250,000 square foot building on 6.89 acres located at 89 Eastly Street: 1) Art & Speed Classic Car Gallery – Request approval for a Conditional Use Permit for the sale of used cars 2) Ordinance 2013-07, an Ordinance to amend Title XV, Chapter 151, of the Town of Collierville Code of Ordinances by amending §151.021 Uses Permitted in each Zoning District and §151.025 Accessory Uses permitted in each Zoning District, to allowing used car sales in GI Districts and to amend existing regulations related to accessory retail sales in warehouses. 3) U-Haul– Request approval for a Conditional Use Permit for moving equipment rental

EXHIBITS 1. Art & Speed Cover Letter rec’d 4/23/13. a. Interior building layout showing area devoted to the indoor Art & Speed; b. Site pictures; and c. Art & Speed Supplemental Exhibits related to Business Model. 2. Letter from Kevin Caffman (Art & Speed, Inc) requesting ordinance amendment to allow his business model in GI Zoning District, 4/30/13. 3. Ordinance 2013-07, 5/20/13. 4. U-Haul Cover letter, 5/20/13: a. Interior building layout showing area devoted to U-Haul Franchise. b. Town of Collierville Codes Division Inspection Walk Through, 5/30/13.

INTRODUCTION: The threefold purpose of this agenda item is a request for the Planning Commission to recommend that the Mayor and Board of Aldermen (BMA) approve separate and unrelated Conditional Use Permits (CUP) for a Art & Speed (used car sales of vintage, classic, exotic and luxury vehicles) and U-Haul Franchise (moving equipment rental) within an existing warehouse building already used for the indoor storing of boats, RVs, and similar equipment, and to provide a recommendation on Ordinance No. 2013-07 (see Exhibit 3), which amends the use table of the zoning ordinance to allow used car sales in GI Districts (see Exhibit 2) and to amend existing regulations related to accessory retail sales in warehouses. The subject property, which is located on the southwest corner of Washington St. and Eastley St, is appropriately zoned General Industrial (GI) and is surrounded by GI zoning on all sides with the exception of the vacant parcel located at the northeast corner of this property that is zoned General Commercial: GC. ISSUES: All activity will be indoors, and other than signage, customer parking, and loading/unloading of vehicles and equipment, there will be no impacts to the neighborhood. Exhibits 1 and 4 respond to the 6-prong CUP test in detail for both CUPs. Before Art & Speed and the UHaul Franchise can occupy the building, they must address the concerns of the Building Division and Fire Department (see Exhibit 4b). BACKGROUND: At its March 26, 2012, meeting, the BMA approved a Development Agreement for site improvements and exterior alterations to the old Constar warehouse at 89 Eastly Street, which is known as V.I.P 1

Indoor Storage. When the existing 194,476 square-foot warehouse, built in 1980, was renovated in 2012, only a portion of the building was devoted to V.I.P Indoor Storage, and the remainder of the space was designed for leasing to other tenants (see Exhibit 1 for the newest tenant, and Exhibit 4 for a new storage equipment franchise being added to the service provided by VIP). VIP’s business model is to provide indoor storage area for boats, RVs, and similar equipment. The 2012 renovation upgraded and transformed the appearance of the site in many ways: • addition of a decorative wrought iron fence along the front façade facing Eastly; • screening for the LP gas facility and dumpster; • along the north/Washington Street elevation, removal of concrete and the addition of landscaping (shrubs, trees, ivy on concrete panel walls to soften its appearance over time); • removal of the chain link fence at the north and west elevations; • adding full cut-off light fixtures; and • repainting of the blue metal trim a bronze color that will blend better with the existing materials at the site. PC 13-20 was originally initiated by the President of Art & Speed, Inc (see Exhibit 1), who is working with the owner of the existing VIP Storage Facility (Igal Elfezouaty of Aren Investments) at 89 Eastley Street, to allow Art & Speed, Inc., “to execute the sale of vintage, classic, exotic and luxury vehicles, along with transportation art, from within a secure indoor showroom.” The U-Haul Franchise application resulted from the staff-level review of a new business license when it was discovered that a CUP is needed for moving equipment rental in GI, and with the Art & Speed CUP application pending for the same building, staff has combined the requests into one report. Three separate example motions are provided (see page 4 of this report). The owner of Art & Speed (see Exhibits 1 and 2) makes it clear that the used car sales use will be “operated entirely from within the current structure, with no outdoor sales or display.” Because of this, the proposed amendment (see Exhibit 3) to the Zoning Ordinance will allow used car sales in GI Districts, but only if all activity related to the use is indoors. Discussions with Art & Speed about their business model revealed that the Town’s existing zoning regulations related to accessory retail sales in warehouses needs to be updated. It is not uncommon for warehouse operations that store and ship higher-end products to have facilities that are designed to accommodate limited/incidental display and retail sales, although that is clearly not the primary use of the building. For example, if an individual leasing space in the VIP Storage Facility wanted to sell/consign their recreational vehicle or boat, the proposed change (see Attachment B to Exhibit 3) would make it possible for the facility to be used to conduct this transaction. Used auto sales is the primary business model of Art & Speed, so the changes related to accessory retail sales in warehouses (Attachment B) will not affect them; however, this amendment could provide additional flexibility for other warehouses in GI and RI Districts, such as Exact Commerce on Progress Road, which has an inventory of billiard tables and upper-end furniture. The U-Haul Franchise CUP application (see Exhibit 4) similarly specifies that the rental moving equipment (which includes portable shipping containers) will be stored indoors, and a condition is recommended for the example motions that says all activity related to the moving equipment rental use shall occur indoors with the exception attaching/returning equipment.

CONDITIONAL USE PERMIT (CUP) TEST: A “Conditional Use” is a use of land that is not necessarily appropriate to be allowed “by right” for all properties within a zoning district without close scrutiny by the 2

Town. Such uses, including used auto sales or moving equipment rental, must obtain a CUP from the Town. CUPs require the approval of the Board of Mayor and Aldermen (BMA) based on a recommendation from the Planning Commission (PC). The purpose of the public review is to ensure that any adverse impacts on adjacent uses, structures, or public services and facilities are mitigated, and that any special requirements unique to that use are addressed. Certain conditions are applicable to a CUP that must be reviewed on a case-by-case basis to promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. The 6-prong “general standards” test, which is applicable for all CUP request, has been satisfactorily addressed for both the Art & Speed (used car sales of vintage, classic, exotic and luxury vehicles) and U-Haul Franchise (moving equipment rental), as both uses will be indoors within an existing facility. Exhibits 1 and 4 respond to the 6-prong test required by §151.021 (see figure right) in detail. NEXT STEPS:

General Criteria (applicable to all CUPs) from § 151.021: A CUP shall be granted, provided the Board of Mayor and Aldermen, with a recommendation from the Planning Commission, finds that the proposed use: 1. Conforms to all applicable provisions of the zoning district in which it is to be located, unless modified as part of the conditional use application per § 151.310. 2. Conforms to the Footnotes of § 151.021 and the Specific Provisions for Conditional Uses as set forth in § 151.024. 3. Is consistent with the overall character of existing development in the immediate vicinity of the subject property, and will not materially adversely affect other property in the area in which it is located; 4. Is generally consistent with the policies of the Collierville Land Use Plan for the parcel or surrounding neighborhood, including any applicable Small Area Plans; 5. Will not adversely affect a known archaeological, environmental, historical, or cultural resource; and 6. The adequacy of public facilities and services intended to serve the subject property, including but not limited to roadways, transit service, parks and recreational facilities, police and fire protection, hospitals and medical services, schools, storm water drainage systems, water supplies, and wastewater and refuse disposal.

Board of Mayor and Aldermen (BMA) Conditional Use There are no special Footnotes of §151.021 and no Permit Review: The BMA will consider the Conditional Specific Provisions for Conditional Uses set forth in Use Permits and Ordinance 2013-07 upon the §151.024 for used car sales or moving equipment rental recommendations of the PC. The BMA is scheduled to review Ordinance 2013-07 at its June 10, 2013, meeting. The CUP for the used auto sales and the second reading/public hearing for Ordinance 2013-07 is set for the June 24, 2013, BMA meeting. Ordinance 2013-07 will need to be approved on 3rd and Final Reading before the use will be allowed in the GI District. Staff has suggested a condition for the Planning Commission condition for the CUP for the Art & Speed application that, “if Ordinance 2013-07 is not approved on 3rd and Final Reading to allow used car sales in the GI District within 60 days of the BMA approval of the CUP, the CUP for used car sales shall become null and void.” The CUP for the U-Haul Franchise is also set for the June 24, 2013, BMA meeting. Building Construction Plan/Certificate of Occupancy Review: The Codes Enforcement Division and the Fire Department require plans and inspections to insure basic life-safety requirements are met, particularly related to insuring safety for members of the public inside the building to view or buy vehicles. The existing building at 89 Eastly Street has been recently inspected (see Exhibit 4b) in response to the two pending CUP applications, and there are codes-related issues that need to be addressed by the applicants and/or owner. Furthermore, the Codes Division suspects an exhaust system may be needed due to the likelihood of multiple vehicles running indoors, and such a system needs to be designed by an engineer with plans stamped by both an engineer and an architect.

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EXAMPLE MOTIONS AND CONDITIONS OF APPROVAL: PC13-20 necessitates that the Planning Commission make three separate, but related, motions for the VIP Storage Facility at 89 Eastly Street. Motion #1- Art & Speed Classic Car Gallery: That the BMA approve the Conditional Use Permit, as described in Exhibits 1 and 1a, for the sale of used cars associated with the Art & Speed Classic Car Gallery within the existing warehouse building on 6.89 acres located at 89 Eastly Street, with the following conditions: 1. This CUP for used auto sales at the subject property shall be null and void if the applicant has not addressed the issues outline in Exhibit 4b within six (6) months of the granting of the CUP. 2. If Ordinance 2013-07 is not approved on 3rd and Final Reading to allow used car sales in the GI District within 60 days of the BMA approval of the CUP, the CUP for used car sales shall become null and void. 3. Accessory/incidental uses, such as the storage and consignment of vehicles, sale of transportation art, and small-scale indoor gatherings (not to exceed 49 people), are permitted per this CUP. 4. No exterior storage, display, or activity, except for customer parking and signage, is allowed. Motion #2- Ordinance 2013-07: That the BMA adopt Ordinance 2013-07, an Ordinance to amend Title XV, Chapter 151, of the Town of Collierville Code of Ordinances by amending §151.021 Uses Permitted in Each Zoning District and §151.025 Accessory Uses Permitted in each Zoning District, to allow used car sales in GI Districts and to amend existing regulations related to accessory retail sales in warehouses, as per Exhibit 3. Motion #3- U-Haul Franchise: That the BMA approve the Conditional Use Permit, as described in Exhibits 4 and 4a, for moving equipment rental associated with a U-Haul Franchise within the existing warehouse building on 6.89 acres located at 89 Eastly Street, with the following conditions: 1. This CUP for used moving equipment rental at the subject property shall be null and void if the applicant has not addressed the issues outline in Exhibit 4b within thirty (30) days of the granting of the CUP. 2. No exterior storage, display, or activity, except for customer parking and signage is allowed; however, the attaching/returning of individual pieces of equipment for overnight drop-off is allowed provided that a piece of equipment is not stored outside for more than 8 hours. CONTACT INFORMATION:

Contact: Organization: Address: Phone: Fax: Email:

Applicant Art & Speed Classic Car Gallery and Ord. 2013-07

Applicant U-Haul Franchise

Property Owner

Kevin Caffman

Suzanne Hill

Igal Elfezouaty

VIP Indoor Storage, LLC

Aren Investments

Town of Collierville

89 Eastley Street Collierville, TN 38017 901-861-9916 901-861-6016 [email protected]

1450 West Massey Memphis, TN 38120 901-896-5814

500 Poplar View Parkway Collierville, TN 38017 (901) 457-2360 (901) 457-2354 [email protected]

Art & Speed, Inc 9067 Macon Road Cordova, TN 38016 901-309-8899 [email protected]

[email protected]

Project Planner Jaime W. Groce, AICP (Primary) Nancy Boatwright, AICP

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