CASE NUMBER: B.O.A. 17-44 (City) B.O.A MEETING: June 28, 2017
LOCATION: 905 Union Avenue (south side of Union Avenue and west of East Street)
OWNER/APPLICANT: McDonald’s USA LLC
REPRESENTATIVE: Adams Engineering (Margaret Grissom)
REQUEST: Variances from Section 8.2.5 (Shopfront Frontage) to allow a building
frontage reduction, a primary and side street transparency reduction and to
allow more than 30 feet of linear blank wall area
AREA: +/-.1.87 Acres
EXISTING LAND USE & ZONING: Restaurant in the Commercial Mixed Use-3 (CMU-3) District zoning
and Medical District Overlay
CONCLUSIONS
1. The existing restaurant will be demolished and replaced with the new building.
2. The Commercial Mixed Use-3 (CMU-3) District zoning of this lot permits restaurants but the
variances requested are due to the Shopfront Frontage requirements of the Medical District
Overlay in which this lot lies.
3. The parcel located at 911 Union Avenue (#2) is to be leased by the applicant. This parcel
currently has an existing restaurant that will be demolished and the existing billboard will remain.
4. The parcel known as 0 Beale Street (#3) is owned by the applicant and has an existing billboard
and pylon sign that will remain on that lot.
5. The applicant proposes to rebuild the existing fast food restaurant located at the property which
will in turn improve what is currently there.
OFFICE OF PLANNING & DEVELOPMENT RECOMMENDATION
Approval with conditions
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B.O.A. 17-44 (City) Page 3
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Subject Parcel
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Elevations
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NOTICE
In accordance with Sub-Section 9.3.4A of the Unified Development Code, 24 notices for public hearing were
mailed on June 16, 2017 to property owners within 500’ of the subject site.
STAFF ANALYSIS
Site Description
The subject properties total +/-1.87acres with approximately 200 feet of lot frontage. The lot (#1) located at 905
Union Avenue totals 1.32 acres; the lot (#2) located at 911 Union Avenue totals .28 acres, and the lot (#3) at 0 Beale
Street totals .27 acres. Said properties are located on the south side of Union Avenue and on the west side of East
Street. The parcels are occupied by restaurants and billboards in the Commercial Mixed Use-3 (CMU-3) District
zoning and also located within the Medical District Overlay. The land use and zoning in the immediate area is
predominately office and commercial services for banking, restaurant establishments, and university buildings.
Request
The request is for variances to Section 8.2.5 (Shopfront Frontage) to allow a building frontage reduction, a primary
and side street transparency reduction and to allow more than 30 feet of linear blank wall area. There is currently an
existing fast food restaurant located at 905 Union Avenue, a restaurant and billboard at 911 Union Avenue and a
billboard and pylon sign at 0 Beale Street. The applicant is proposing to demolish the existing McDonald’s
restaurant and rebuild. The lots directly east of the parcel will be utilized as patio area (lot #2) and parking (lot #3);
all existing billboards and signage will remain.
The lots are located within the Medical Overlay District and have to meet those provisions as outlined. While
attempting to conform to the Unified Development Code, the applicant is requesting the following variances. The
required building frontage for primary streets of lots 100 feet or more in width requires that the building façade be
located within the setback area for a minimum of 80% of the lot width. The applicant is requesting a variance for
approximately a minimum of 46% for the actual building. McDonald’s is proposing an 8’4” screening wall to
screen the storage area and a knee wall at the front of the building that continues around the corner lot on East
Street to imitate the building line requirements. The screening walls and the building façade together will allow
McDonald’s to provide the 80% requirement, but not with building alone.
The Shopfront Frontage Elements requirement for retail sales and service uses require the ground floor
transparency on the primary street be a minimum of 60% and a minimum 30% for side streets situated between 2
and 12 feet above the adjacent sidewalk. McDonald’s is requesting approximately a 7% variance as the restaurant
has a total of 53.2% transparency on the primary street and approximately a 9% variance as the total transparency
on the side street is 21.2%. Prohibited within these elements are blank lengths of wall that exceed 30 linear feet on
all building façade. The applicant is requesting a variance to allow more than 30 linear feet and states that
architectural elements will be incorporated to the blank wall to reduce the length.
The application, response to the Findings of Fact and Letter of Intent, has been added to this document. The request
is to allow the building frontage and element variances based on the following justifications:
1. Satisfying the required building frontage length and transparency would require extraordinary building
and site layout that would not be economically feasible.
2. The site is the same size in its new form as in its old form. McDonald’s has done nothing to apply any
unusual or new characteristics to the site.
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3. The variances requested will not be a detriment to public good and in efforts to comply with the spirit of
the Code McDonald’s will provide elements as alternatives to mimic requirements.
4. The variances are required for the site to function properly for its intended use.
5. Granting the variances will in no way have a negative influence or impact on the public safety and
welfare.
With respect to the Findings of Fact as set out in the UDC Sec. 9.22.6A, staff finds that the variances requested will
not have a negative impact on the surrounding neighborhood nor substantial detriment to the public good. The
rebuilding of this restaurant will be an improvement to the existing area.
RECOMMENDATION: Staff recommends APPROVAL WITH FOUR (4) CONDITIONS:
1. The variances shall be conditioned upon the approved site plan. Any modification shall be submitted
to the Office of Planning & Development for review. Any major modification shall be approved by
the Board of Adjustment.
2. Dedicate a traffic signal easement on the chord of the property line radius (from end of radius to end of
radius) at the southwest corner of East and Union.
3. The City Engineer shall approve the design, number and location of curb cuts.
4. Any existing nonconforming curb cuts shall be modified to meet current City Standards or closed with curb,
gutter and sidewalk.
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Zoning Atlas Page: 2030
Parcel ID: 018002 00016C, 018002 00026C (911 Union Ave) & 018002 00023 (0 Beale St) _____________________________________________________________________________________________________________________________________
DEPARTMENTAL COMMENTS:
application was referred:
City/County Engineer:
City Engineering will require a full engineering review on this application. The developer shall submit a full set of
engineered drawings.
1. Standard Subdivision Contract as required in Section 5.5.5 of the Unified Development Code.
Sewers:
Roads:
3. Dedicate a traffic signal easement on the chord of the property line radius (from end of radius to end of
radius) at the southwest corner of East and Union.
4. This development does not appear to be effected by a project that has been identified by TDOT or the MPO
on the LTRP to receive future improvements. However, the applicant is advised to inquire with the MPO,
MATA, TDOT and any adjacent railroad authority regarding any future projects that may impact this site.
Traffic Control Provisions:
5. The developer shall provide a traffic control plan to the city engineer that shows the phasing for each street
frontage during demolition and construction of curb gutter and sidewalk. Upon completion of sidewalk and
curb and gutter improvements, a minimum 5 foot wide pedestrian pathway shall be provided throughout the
remainder of the project. In the event that the existing right of way width does not allow for a 5 foot clear
pedestrian path, an exception may be considered.
6. Any closure of the right of way shall be time limited to the active demolition and construction of sidewalks
and curb and gutter. Continuous unwarranted closure of the right of way shall not be allowed for the duration
of the project. The developer shall provide on the traffic control plan, the time needed per phase to complete
that portion of the work. Time limits will begin on the day of closure and will be monitored by the
Engineering construction inspectors on the job.
7. The developer’s engineer shall submit a Trip Generation Report that documents the proposed land use, scope
and anticipated traffic demand associated with the proposed development. A detailed Traffic Impact Study
will be required when the accepted Trip Generation Report indicates that the number of projected trips meets
or exceeds the criteria listed in Section 210-Traffic Impact Policy for land Development of the City of
Memphis Division of Engineering Design and Policy Review Manual.
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Curb Cuts/Access:
8. The City Engineer shall approve the design, number and location of curb cuts.
9. 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.
10. 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,
11. Any existing nonconforming curb cuts shall be modified to meet current City Standards or closed with curb,
gutter and sidewalk.
Drainage:
12. An overall drainage plan for the entire site shall be submitted to the City Engineers prior to approval of the
first final plan.
13. 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.
General Notes:
14. The width of all existing off-street sewer easements shall be widened to meet current city standards.
15. All commons, open areas, lakes, drainage detention facilities, private streets, private sewers and private
drainage systems shall be owned and maintained by a Property Owner's Association. A statement to this
effect shall appear on the final plat.
16. Required landscaping shall not be placed on sewer or drainage easements.
City/County Fire Division: No comment received.
City Real Estate: No comment received.
Memphis & Shelby County Health Department:
Water Quality Branch: No comment.
Septic Tank: No comment.
Construction Code Enforcement: No comment received.
Memphis Light, Gas and Water: No changes, street names good and existing.
Neighborhood Associations/Organizations: No comment received.
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Application
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