ZONING RESOLUTION NO. (PLANNED DEVELOPMENT) A RESOLUTION APPROVING THE APPEAL OF SAIA MOTOR FREIGHT, LLC TO OVERTURN THE DECISION OF THE MEMPHIS AND SHELBY COUNTY LAND USE CONTROL BOARD REJECTING APPLICATION FOR SITE PLAN REVIEW AS REQUIRED UNDER CONDITION OF THE RAINES ROAD P.U.D., P.D. 95-380. WHEREAS, on July 31, 2018, Saia Motor Freight LLC did ?le a Major Modi?cation application with the Memphis and Shelby County Of?ce of Planning and Development seeking approval of their site plan as required by the Outline Plan Conditions, of the Raines Road P.U.D. Case Number P.D. 95-380; and WHEREAS, mailed notice of the public hearing was sent out to all abutting and adjacent owners of property and public notice signs were posted as required by Section 9.3.4 of the Uni?ed Development Code; and WHEREAS, the Of?ce of Flaming and Development reviewed the application of SAIA Motor Freight LLC with particular attention to the requirements for Site Plan Review found in Conditions and XI of the Raines Road P.U.D. Outline Plan and Section 4.10.5 of the Uni?ed Development Code relating to Planned Commercial and Industrial Developments; and WHEREAS, the Of?ce of Planning and Development issued its recommendation of Approval with Conditions for the review and consideration of the Memphis and Shelby County Land Use Control Board at its October 11, 2018 meeting; and WHEREAS, the Memphis and Shelby County Land Use Control Board held a public hearing on the request of SAIA Motor Freight LLC for site plan review to establish and Motor Freight Terminal with service to the trucks and trailers on property identi?ed in the Raines Road P.U.D. as Parcel and WHEREAS, after hearing a presentation by the Memphis and Shelby County Of?ce of Planning and Development, comments ?om representatives of the applicant and comments from interested persons who appeared in opposition to the request, the Memphis and Shelby County Land Use Control Board voted to reject the site plan application by SAIA Motor Freight LLC on a vote of three (3) in favor and six (6) against; and WHEREAS, SAIA Motor Freight LLC, the appellant, has ?led an appeal of the decision of the Memphis and Shelby County Land Use Control Board to the Memphis City Council requesting the Council to overturn the decision of the Board and approve the requested site plan as conditioned by the Memphis and Shelby County Of?ce of Planning and Development NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MEMPHIS: Section 1. That the appeal of the appellant, SAIA Motor Freight, LLC, be granted and the action of the Memphis and Shelby County Land Use Control Board on 10/11/18 is overturned. The site plan for a Motor Freight Terminal facility with service within Parcel of the Raines Road PUD. is hereby approved subject to the attached site plan and conditions as recommended by the Memphis and Shelby County Of?ce of Planning and Development, which includes the amendments to said conditions proposed by the applicant and accepted by the City Council as a part of its approval during the ?nal hearing on February 19, 2019. Section 2. BE IT FURTHER RESOLVED, that the aforementioned site plan shall be ?led with the Memphis and Shelby County Of?ce of Planning and Development for processing as required under Chapter 9.6 of the Memphis and Shelby County Uni?ed Development Code for Planned Development Final Plats. ATTEST: cc: Of?ce of Gift/?ction Code Enforcement:\/ City Engine OPD LUC OPD LUC (East) AttaChmemS I hereby certify that the foregoing is a true copy 95 380 and document was adopted, approved by the - i Council of the City of Memphis at regular session on FEB 1 9 281a Data 6. saw Deputy Camptrotler-Counci! Referee Conditions If Approved by the Memphis and Shelby County Land Use Control Board, the following additional uses shall apply to Area B: Under Roman Numeral Il, Bulk Regulations, immediately before the heading Parcel add the following new conditions: Operational Issues for Area B, if developed as a Truck or Motor Freight terminal, service facility 1. Regardless of the future use, maintain a 100-f00t-wide bu?er argon the west side of Area abutting the Christine Gardens Subdivision and along the north side abutting the Christine Road right of way. 2. No overnight facilities for drivers including breakrooms, restrooms, or training rooms. 3. racks shall include an ?idle kill switch ?that cuts o? the engine if the truck idles more than 5 minutes. 4. Applicant/developer/user intends to rotate ?eet, trucks and equipment, every 5 years. 5. racks/trailers shall not include back up beepers. 6. Applicant is permitted to install a chain link fence with 3? strand barb wire. Said fence shall be located behind the required perimeter landscaping, unless another location is approved by OPD at Final Plan Review. Said chain link fence shall be vinyl coated, (green or black) to blend in with landscaping. 6. Access to and from Area for 18 -wheel (aka Tractor Trailer) vehicles shall be provided via Raines Road. chulahoma Road and Prescott Road shall not be included in the truck routes to be used by this applicant, or any industrial use of Area B. The tractorntrailers shall not continue an further west on Raines Road than New chulahoma Road. 10. 11. 12. 13. 14. Applicant shall provide a 16-foot-tall wall along the west and north boundary lines at the locations shown on the Noise Study, included as page 18 of the staff report prepared for this case, page 6 of 8 of the noise study. The wall may be made of concrete but will have the physical appearance of brick or stone as it faces the residential properties to the west or the Christine Road right of way. South of the residential property along the west property, the concrete wall will not be required to provide a brick or stone appearance. If the applicant can demonstrate by a follow up study, that retention of the existing material nearest the west and north property lines and the installation of an earth berm, I 6 feet in height can achieve the same level of noise mitigation as the wall at the property line, that alternative can be considered. Whichever method of mitigation is determined to be appropriate by the OPD, said method shall be installed prior to the issuance of a Certificate of Occupancy. The Final plat shall show the location of any existing and un-used curb cut along the site?s section of Raines Road and Christine Road. Any unused curb cuts shall be closed with curb, gutter and sidewalk and shall meet the requirements of the ADA. The streetscape treatment along Raines Road shall meet or exceed the requirements of the S-10 Plate. The employee parking area shall meet the requirem cuts for parking lot landscaping as required and subject to review and approval by the OPD. Landscaping in the area designated for truck parking may be required where there are pockets that can contain a tree or shrubs that are outside of the prim my path of a tractor trailer truck, subject to the review of the 0P1). A lighting plan shall be required that demonstrates that a zero?candle foot rating is achieved at the property ?s west, where abutting existing residential, and north property lines. Any attached or detached signs, other than directional signs or smalls signs designating a dock or stall, shall be oriented to Raines Road and regulated by the EMP district unless further limited in this RD. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Explain to the satisfaction of the OPD how the detention basin and the landscape buffer area (near north property line can co-exisl) or move the detention basin. Add Sky Cop Cameras on Christine and Raines Road and have on site security Acoustic Barrier Walls as recommended by Senior Acoustical Consultant to meet maxim um 60 and will commit to testing to ensure 60 dB after opening. The applican?SAIA shall post a $25,000 bond that will be forfeit if at any point in time the noise decibel level exceeds 60 along the west and north property lines. The proceeds of the bond shall be dispersed by the district council representative. The 100? existing vegetation buffer and berm to remain with barrier wall on top as recommended by Acoustical Consultant (increased from required 50?) and ?ll in any gaps with Evergreen planting as part of the early stages of Construction and install a wooden fence between the Christine Gardens East property and SAIA property. Work with City Engineering to see if a Round-About will work at chulahoma Road and Raines Road No access to chulahoma Road. Design curb cut on Raines Road as a left out only. All tractors shall have cameras and GPS. No access to Christine Road, applicant shall convey the right of access to the City of Memphis. Tractors shall have idle kill switch after 5 minutes and have back up beepers o?r while on site. The lighting shall be LED and have zero-candle foot rating on west and north property lines where abutting residential.