AGENDA ITEM:

12

CASE NUMBER:

SUP 19-33

L.U.C.B. MEETING: October 10, 2019

LOCATION:

Eastside of North Main Street within the block bounded by Adams Avenue, Poplar
Avenue, and North Second Street

COUNCIL DISTRICT:

District 6 and Super District 8 – Positions 1, 2, and 3

OWNER/APPLICANT:

City of Memphis / Memphis Hotel Venture LLC

REPRESENTATIVE:

Kimley-Horn and Associates, Inc. – Jarmon Peregoy

REQUEST:

Hotel

AREA:

+/-1.57 acres

EXISTING ZONING:

Central Business District (CBD)

CONCLUSIONS
1. The applicant is seeking the approval of a special use permit to allow a hotel of 17 stories in height with a capacity
of +/-500 rooms.
2. The proposed hotel is primarily intended to serve the regional institutional asset of the Memphis Cook Convention
Center. The convention center is currently undergoing significant renovations to modernize the complex with a
high-quality design aesthetic in mind while adding square footage and other amenities to establish a blue-ribbon
facility. However, a successful convention center requires a sufficient hotel package to support it. The proposed
hotel of this development would not only add to that package, but would be the second nearest large hotel to the
convention center and third closest overall while remaining within a walkable distance thereby adding a highquality product with significant influx of hotel room capacity given the +/-500 rooms slated for construction.
3. This development will additionally make use of underutilized land while promoting infill development, mixed
use, high-quality architecture and design, increased tourism and pedestrian activity, and further promote the vision
of the Memphis 3.0 General Plan for the Core City.
4. As proposed, the conditions include the requirement of public pedestrian easements in order to maintain the
connection between North Main Street, the City of Memphis Donnelley J. Hill Public Safety Building property,
the Vasco A. Smith, Jr. County Administration Building, and North Second Street in a similar manner that exists
today. Additionally, there is a requirement to remove the extra drive aisle from the North Main Street public rightof-way and redesign this area in a more pedestrian friendly manner.
5. This project will not have a substantial or undue adverse effect upon adjacent property, the character of the
neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety,
and general welfare.

CONSISTENCY WITH MEMPHIS 3.0
This proposal is consistent with the Memphis 3.0 General Plan per the land use decision criteria. See further analysis
on pages 29-30 of this report.

RECOMMENDATION:

Approval with conditions
Staff Writer: Jeffrey Penzes

E-mail: jeffrey.penzes@memphistn.gov

 Staff Report
SUP 19-33

October 10, 2019
Page 2

GENERAL INFORMATION
Street Frontage:

North Main Street
Poplar Avenue
North Second Street

+/-623.99 linear feet
+/-59.99 linear feet
+/-96.22 linear feet

Zoning Atlas Page:

1925

Parcel ID:

002010 00002, 002011 00001, 002011 00002, 002011 00003, 002011 00004,
002011 00005, and 002011 00006

Existing Zoning:

Central Business District (CBD)

NEIGHBORHOOD MEETING
The meeting was held at 5:30 PM on Wednesday, September 25, 2019, at the Downtown Memphis Commission,
114 North Main Street.
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 and signs posted. A total of 164 notices were mailed on September 27, 2019, and a total of 3 signs
posted at the subject property. The sign affidavit has been added to this report.

2

 Staff Report
SUP 19-33

October 10, 2019
Page 3

LOCATION MAP

SUBJECT PROPERTY

Subject property located within the pink circle, Downtown neighborhood

3

 Staff Report
SUP 19-33

October 10, 2019
Page 4

SOUTH PART OF PROJECT 1 COURT AVENUE URBAN RENEWAL AREA PROJECT NO. TENN.
R-37 (1964)

Subject property (approximate) highlighted in yellow, Plat Book 19 Page 19

4

 Staff Report
SUP 19-33

October 10, 2019
Page 5

VICINITY MAP

Subject property highlighted in yellow

5

 Staff Report
SUP 19-33

October 10, 2019
Page 6

AERIAL

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

6

 Staff Report
SUP 19-33

October 10, 2019
Page 7

ZONING MAP

Subject property outlined in orange
Existing Zoning:

Central Business District (CBD)

Surrounding Zoning
North:

CBD

East:

CBD

South:

CBD

West:

CBD
7

 Staff Report
SUP 19-33

October 10, 2019
Page 8

LAND USE MAP

Subject property outlined in orange

8

 Staff Report
SUP 19-33

October 10, 2019
Page 9

SITE PHOTOS

View of subject property from North Main Street looking east

View of subject property from North Second Street looking west

9

 October 10, 2019

Page 10

Staff Report
SUP 19?33

PLOT PLAN

 

 

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Staff Report
SUP 19?33

Page 11

October 10, 2019

October 10, 2019

Page 12

Staff Report
SUP 19?33

SURVEY

 

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SUP 19?33

 

   

 

 

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13

October 10, 2019

Page 14

Staff Report
SUP 19?33

SITE PLAN

 

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SITE PLAN ZOOMED

Staff Report
SUP 19?33

Page 15

October 10, 2019

 

VIGINITY MAP

 

 

CONCEPTUAL PLANTINGS - TREE [13

 

 

 

 

 

October 10, 2019

Page 16

 

 

 

FFR a 5 I TIQA RFD SFCTION TRFF Pl ANTING AND
SPAUNG THE REOJIREMENTE ARE TC SE 

 

 

 

I F- INH- MUSI HI- Pl an 
WHEN RM1TTED. ORE TVPE TREE MUST BE FLANTED EVERY 30 FEET
0N CENTER. 0? ERE OVERHEAD EXIST: ONE TYPE 0 TREE
FLANTED EVERY 50 FEET ON CE ON E.

 

 

 

 

NORTH M?lh 

 

 

     

 

 

 

 

 

 

 

 

 

 

 

 

 

 
    

 

 

400 LINEAR OF FLANTABLE AREA I 4o :11: A TREES REQUIRED
2 I TREES 3 TYPE A TRZES
1e A STREET TREES 5mm IN DLANTINC-S
I I
SI Icwu com-Ev OVERALL IVTENT ETRE 
BTRE DES cu AND ARE NOT PART OF THE REQUIRED LOEWS SITE
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LANDSCAPE PLAN

ENGINEER:
GRAPHIC SCALE IN FEET MEMPH1S HOTEL VENTURE LLC MMLEY-HORN 8: ASSOCMTES. INC.
1-:cI "a FLOOD MAP EL NUMBER MAP 
9'1 0 25 50 100
LH 232.00 47157002701: SEPTEMBER 23. 2007
Cc DATE: SQSLE:
a (0 SEPTEMBER 3.2019 1"=50' SHEET 30F1O

October 10, 2019

Page 17

55' 

ADAMS AVENUE

 

 

 

 

CONCEPTUAL STREETSCAPE PLANTINGS TYPE TREE

 

 

TYPE TREE 

 

    

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105/324? A VENUE

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PLAT DOCK 29. FACE 29



 



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LANDSCAPE PLAN ZOOMED

Staff Report
SUP 19?33

?[443, 

66? PUBLIC R/w 



 

 

 

i

a 
3 Outdoor dining. outdoor . Continuous unobstructed path
'13 furniture. .
a access lamps. planters? Street trees In tawn.
projecting signs landscaping, slaps . lighting. furniture
Rig hi-of-way

Note: Alley or rear 39me drive required wrlmes located
array or rear service dnve

WA 

 



17

October 10, 2019

Page 18

Staff Report
SUP 19?33

ELEVATIONS

 

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CASE ti: 

MEM PHIS. TENN ESSEE

N0.0F LOTS: ACREAGE: MED: 5.004.:
1.5T: 002 

 

PARCEL 0023I0000m, 000011 :0001 002m 00002002011 :0003

012511 00304. 33311 00035. 003315.033? 

ZONING
CBD

OPFR FNG 

MEMPHIS HOTEL VENTURE LLC KIMLEYEHORN E: ASSOCIATES, INC.
100 In FLoan ELEV EEMII VAF PANEL FEMA MAP 351:.

232.0U 47157CUZTDF SEPTEMBER 23, 2007
LIAIL: SCALE:
SEPTEMBER 3. 2019 50' SHEET 4- 

 

 

18

October 10, 2019

Page 19

Staff Report
SUP 19?33

 

LEGEND

 

 

Facade 
Pre??nisrec wall Izysdem :41: '02: ?ris1 in
Lubr '91. Ital an 1511ch nLlIUha t0 :0 Lapluied. Metal LaheI slab edge
cover. MIST: no he hm mt?mecIyi-noi mica ?nish In mlo'nl Vision 0105510 00
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:03' I'ril :ri TE 10er 

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Izmir '31 Hai'izu'Ital and wedicaI b0 :e cap?Iuiad 1.45:5] canal slab edge
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MEMPHIS HOTEL VENTURE LLC KIMLEY-HORN 81 ASSOCIATES. INC.

 

100 YR FLOOD ELEVI MAP PANEL NUMBER: DATE
232 ED 47157C0270F SEPTEMBER 23, 2007

 

Dim:- SCALE
SEPTEMBER 3, 2019 50' SHEET 6 OF 10

 

 

October 10, 2019

Page 20

Staff Report
SUP 19?33

 

LEGEND

 

 

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NO. OF LOTS: ACREAGE WARD: BLUE K:
1.57:: 002 010 01 1
PARCEL 0020000000 002011 00001002011 00002, 002011 000001
000011 00004. 002011 00005. 002011 03006. 002011 000110

CBD
DEVELOPER ENGINEER:
MEMPHIS HOTEL VENTURE LLC KIMLEY-HORN 0 ASSOCIATES, INC
1DDYR FLOOD FEMA MAPPANEL NUMBER FEMA MAP DATE:
232100 47157CUZTDF SEPTEMBER 28: 2007

SEPTEMBER 3: 2019 50' SHEET 7 OF 10

 

 

 

October 10, 2019

Page 21

Staff Report
SUP 19?33

 

 
 

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SOUTH ELEVATION 
NOT TO SCALE
SOUTH ELEVATION
HOTEL
CASE xx 
MEMPHIS, TENNESSEE
1.10 or: Lors- 
1 1.57:1: I 002 
00031, 002011 00cm,002011 00003,
002011 0:00: 002011 1:10:05. 002011 0:005. 002011 03011::
ZONING:
CED
DEVELOPER ENGINEER:
MEMPHIS HOTEL VENTURE LLC ASSOCIATES. INC.
IUD TR FLOOD ELEV. FENH MAP PANEL NUWIEER. FEMA MAP DATE.
232.05 4715700270F SEPTEMBER 23. 2007
UP I I: 
SEPTEMBER 3_ 2019 50' SHEET 5 OF 10

 

 

 

21

October 10, 2019

Page 22

Staff Report
SUP 19?33

BUILDING SECTIONS

 

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NOT TO SCALE
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LOEWS HOTEL
CASE xx 
MEMPHIS. TENNESSEE
N3 Dr HI 
1.5?2 002 0101011
PARCEL NUMBER: 002010 00002. 002011 00001. 002011 00002. 00311 00003.
002011 00004 002011 00005. 002011 00000. 002011 000110
ZONING
CED

MEMPHIS HOTEL VENTURE LLC E. ASSOCIATES. INC
100 YR FLOOD ELEV: MAP PANEL NUMBER FEMA MAP DATE
232 00 47157002TDF SEPTEMBER 28, 2007
DATE 
SEPTEMBER 3. 2019 1? 50' SHEET 0 OF 10

 

22

October 10, 2019

Staff Report
SUP 19?33

 

 

 

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PHIS, TENNESSEE

 

NO. OF LOTS.



ACREAIGE. WARD. ELDCK.

157$ 002 0103011

 

PARCEL NUMBER:

002010 00000, cm? 002011 00002, 00201 00003.
012011 DDIIEM. DCIZDI I 

 

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mo YR FLOOD ELEV:
232.00


 

MEMPHIS HOTEL VENTURE LLC

SEPTEMBER 3. 2019 50?

ENGILEER
ASSOCIATES, 

FEMA MAFEATE.
SEPTEMBER 23, 

FEMA MAP PANEL niuM BER:


SCALE:

SHEET 9 OF I 0

 

23

October 10, 2019

Page 24

Staff Report
SUP 19?33

STEEL rRUssEs r: 
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MEMPHIS, TENNESSEE

 

NO. OF LOTS

7

WAR D. ELDCK.

002 0101011

AEREAGE.

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002011 002011 OJDDG, 002011 E02011 000110

 

 

 

 

ZDNING:
CBD

DEVELOPER: ENGINEER

MEMPHIS HOTEL VENTURE LLC KIMLEYEHORN 8: ASSOCIATES. INC.
1nn YR FLOOD ELEV FEMA MAP PANEL FEMA MAP 

232.00 47157CO270F SEPTEMBER 28: 2007
DATE: SCALE
SEPTEMBER 3, 2019 1" 50' SHEET 10 OF 10

 

 

 

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October 10, 2019

Page 25

Staff Report
SUP 19?33

COLORIZED RENDERINGS

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Staff Report
SUP 19?33

 

October 10, 2019

Staff Report October 10, 2019
SUP 19?33 Page 27

NNix i



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27

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SUP 19-33

October 10, 2019
Page 28

STAFF ANALYSIS
Request
The application and letter of intent have been added to this report.
The request is for a hotel with +/-500 rooms.
Approval Criteria
Staff agrees the approval criteria in regard special use permits as set out in the Unified Development Code Section
9.6.9 are met.
9.6.9 Approval Criteria
No special use permit or planned development shall be approved unless the following findings are made
concerning the application:
9.6.9A
The project will not have a substantial or undue adverse effect upon adjacent property, the
character of the neighborhood, traffic conditions, parking, utility facilities and other matters
affecting the public health, safety, and general welfare.
9.6.9B
The project will be constructed, arranged and operated so as to be compatible with the immediate
vicinity and not interfere with the development and use of adjacent property in accordance with
the applicable district regulations.
9.6.9C
The project will be served adequately by essential public facilities and services such as streets,
parking, drainage, refuse disposal, fire protection and emergency services, water and sewers; or
that the applicant will provide adequately for such services.
9.6.9D
The project will not result in the destruction, loss or damage of any feature determined by the
governing bodies to be of significant natural, scenic or historic importance.
9.6.9E
The project complies with all additional standards imposed on it by any particular provisions
authorizing such use.
9.6.9F
The request will not adversely affect any plans to be considered (see Chapter 1.9), or violate the
character of existing standards for development of the adjacent properties.
9.6.9G
The governing bodies may impose conditions to minimize adverse effects on the neighborhood or
on public facilities, and to insure compatibility of the proposed development with surrounding
properties, uses, and the purpose and intent of this development code.
9.6.9H
Any decision to deny a special use permit request to place, construct, or modify personal wireless
service facilities shall be in writing and supported by substantial evidence contained in a written
record, per the Telecommunications Act of 1996, 47 USC 332(c)(7)(B)(iii). The review body may
not take into account any environmental or health concerns.
Site Description
The subject property is +/-91857 acres and compromised of seven parcels (002010 00002, 002011 00001, 002011
00002, 002011 00003, 002011 00004, 002011 00005, and 002011 00006), located on the eastside of North Main
Street within the block bounded by Adams Avenue, Poplar Avenue, and North Second Street in downtown
Memphis, and zoned Central Business District (CBD). Per the Assessor’s Office, the subject property is currently
deemed recreation/open space as the parcels are generally all within Civic Center Plaza. The Assessor’s parcel
map it shows a north-south alley (North November 6th Street) and an east-west alley (Alley 7-B or Bankers Alley)
as both being open public right-of-way. However, the City of Memphis Mapping and Central Records has
provided documents that show both of these alleys having been closed previously. The north-south alley as part
of an ordinance dating back to May 25, 1910, and the east-west alley as part of a resolution dating back to May
26, 1964, see pages 35-45 of this report.

28

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Page 29

Consistency with Memphis 3.0
Staff uses the following criteria contained in Memphis 3.0 to determine consistency.
1. The future land use planning map: The subject site is identified as Public & Quasi-Public Buildings &
Uses in the future land use planning map.

Subject property outlined in pink
2. The land use category descriptions and graphic portrayals, including whether the proposed use is
compatible with the zone districts listed in the zoning notes and the proposed building(s) fit the listed form
and location characteristics: The request for a hotel does not meet this criterion because the proposed
development is not an institutional or recreational use. However, the site is adjacent to the Urban
Core/Downtown Anchor which envisions safe, walkable neighborhoods with thriving mixed-use centers,
active public spaces, and strong connection between anchors and neighborhoods while also promoting
and encouraging growth and density by improving underutilized land for development and ensuring
quality architecture and design that promotes beautiful buildings, streets, and public realm among others.
This proposed development would contribute to each of the categories by adding to the mix of uses in the
area and further contributing to the activation of the immediate area while conveying high-quality
29

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SUP 19-33

October 10, 2019
Page 30

architecture and design.
3. Existing, adjacent land uses and zoning: The subject site is surrounded by the following land uses:
institutional, office, and recreation. The subject site is surrounded by the following zoning districts:
Central Business District. This requested land use is compatible with these adjacent land uses and zoning
districts as the Central Business District encourages a mix of a uses and specifically lists visitor
accommodations in the district intent statement. Furthermore, the sites proximity to the convention center
cannot be understated.
4. The degree of change map: The subject site is identified as accelerate in the degree of change map.
5. The degree of change descriptions: The request for a hotel meets this criterion as the general accelerate
description includes such items as increasing density, mix of uses, speed up development activity, attract
retail and service uses that cater to larger-scale markets, promote pedestrian-oriented infill development,
reduce building setbacks or establish build-to lines, etc. These items and others are met by the hotel use
as the proposed hotel is upscale in nature and will cater to convention center activities while increasing
density and contribute to greater development activity while being constructed in a pedestrian friendly
manner that is built up to the street while further generating pedestrian activity.
This proposal is consistent with the Memphis 3.0 General Plan as it will serve to activate the immediate area with
greater pedestrian activity; promote high-quality architecture and design; improve underutilized land for
development while promoting high-quality architecture and design, increase the mix of uses, speed up
development activity, bring a hotel brand that caters to larger-scale markets, etc.; and the hotels proximity to the
Memphis Cook Convention Center and intent to cater to this regional institutional asset should also be
acknowledged.
Conclusions
The applicant is seeking the approval of a special use permit to allow a hotel of 17 stories in height with a capacity
of +/-500 rooms.
The proposed hotel is primarily intended to serve the regional institutional asset of the Memphis Cook Convention
Center. The convention center is currently undergoing significant renovations to modernize the complex with a
high-quality design aesthetic in mind while adding square footage and other amenities to establish a blue-ribbon
facility. However, a successful convention center requires a sufficient hotel package to support it. The proposed
hotel of this development would not only add to that package, but would be the second nearest large hotel to the
convention center and third closest overall while remaining within a walkable distance thereby adding a highquality product with significant influx of hotel room capacity given the +/-500 rooms slated for construction.
This development will additionally make use of underutilized land while promoting infill development, mixed
use, high-quality architecture and design, increased tourism and pedestrian activity, and further promote the vision
of the Memphis 3.0 General Plan for the Core City.
As proposed, the conditions include the requirement of public pedestrian easements in order to maintain the
connection between North Main Street, the City of Memphis Donnelley J. Hill Public Safety Building property,
the Vasco A. Smith, Jr. County Administration Building, and North Second Street in a similar manner that exists
today. Additionally, there is a requirement to remove the extra drive aisle from the North Main Street public rightof-way and redesign this area in a more pedestrian friendly manner.
This project will not have a substantial or undue adverse effect upon adjacent property, the character of the
30

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Page 31

neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety,
and general welfare.
RECOMMENDATION
Staff recommends approval with conditions.
Conditions
1. A final site plan shall be submitted for administrative review and approval by the Office of Planning and
Development.
2. A public pedestrian easement through the subject property connecting North Main Street to the City of
Memphis Donnelley J. Hill Public Safety Building property must be provided.
3. A public pedestrian easement that connects the “Landing/Steps” adjacent to the southern property line of the
Vasco A. Smith, Jr. County Administration Building and North Second Street must be provided.
4. The north-south drive aisle in the North Main Street public right-of-way shall be removed. This area shall be
redesigned to accommodate pedestrians.
5. If it is determined that any public right-of-way within the subject property is open the applicant must close
said right-of-way.

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Page 32

DEPARTMENTAL COMMENTS
The following comments were provided by agencies to which this application was referred:
City/County Engineer:
1. Standard Subdivision Contract or Street Cut Permit as required in Section 5.5.5 of the Unified Development
Code.
Sewers:
2. City sanitary sewers are available at developer's expense.
3. All sewer connections must be designed and installed by the developer. This service is no longer offered by
the Public Works Division.
Roads:
4. 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.
5. 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,
Traffic Control Provisions:
6. 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.
7. 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.
8. 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 also be required. The required Traffic Impact Study will need to be formally approved by the City of
Memphis, Traffic Engineering Department.
Curb Cuts/Access:
9. The City Engineer shall approve the design, number and location of curb cuts.
10. Any existing nonconforming curb cuts shall be modified to meet current City Standards or closed with curb,
gutter and sidewalk.
Drainage:
11. A grading and drainage plan for the site shall be submitted to the City Engineer for review and approval prior
to recording of the final plat.

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Page 33

12. The developer should be aware of his obligation under 40 CFR 122.26(b)(14) and TCA 69-3-101 et. seq. to
submit a Notice of Intent (NOI) to the Tennessee Division of Water Pollution Control to address the discharge
of storm water associated with the clearing and grading activity on this site.
Site Plan Notes:
13. Provide internal circulation between adjacent phases, lots, and sections. Common ingress/egress easements
shall be shown on the final plats.
General Notes:
14. The width of all existing off-street sewer easements shall be widened to meet current city standards.
15. No other utilities or services may occupy sanitary sewer easements in private drives and yards except for
crossings.
16. All connections to the sewer shall be at manholes only.
17. Required landscaping shall not be placed on sewer or drainage easements.
City/County Fire Division:
No comments received.
City Real Estate:
No comments received.
City/County Health Department:
No comments received.
Shelby County Schools:
No comments received.
Construction Code Enforcement:
No comments received.
Memphis Light, Gas and Water:
MLGW has reviewed the referenced application, and has no objection, subject to the following conditions:
·
MLGW has existing utility distribution facilities within the present public road/alley right of way. The
City of Memphis shall retain an easement across the proposed street closure, from edge to edge of the road
right of way, to accommodate any existing public utilities, including electric, gas, water, CATV, telephone,
sewer, drainage, etc.
·
It is the responsibility of the owner/applicant to bear the cost if it is necessary for MLGW facilities to be
installed, removed or relocated.
·
MLGW reserves the right to retain a utility right-of-way within that portion of the existing public road right
of way at all times for existing utilities, or the owner/applicant may choose to relocate existing utilities at the
expense of the owner/applicant.
·
MLGW must be able to access any overhead or underground facilities. Consequently, no permanent
structure(s) shall be constructed or erected within that portion of the existing public road right of way
including fences, buildings, patios, vehicle parking or paving.
·
No permanent structures, development or improvements are allowed within any utility easements, without
prior MLGW written approval.
·
Underground Utility separation and clearance: The subject property is encumbered by existing utilities
which may include overhead and underground facilities. It is the responsibility of the owner/applicant to
maintain a minimum 3-foot (3') separation between any existing underground service lines or utilities and any
proposed permanent structure or facility. This separation is necessary to provide sufficient space for any
excavations to perform service, maintenance or replacement of existing utilities.
·
If there are existing fire hydrants within the proposed closure of the public right-of-way, these hydrants
will become public hydrants on private property, and the owner/applicant will be billed an annual maintenance
fee on a monthly basis by MLGW.
·
If there are existing street lights within the proposed closure of the public right-of-way, MLGW will remove
all street lights, and abandon underground electric feeds or remove overhead electric feeds – at the expense
33

 Staff Report
SUP 19-33
·

·
·

·

·
·

·
·

·
·

·

·

October 10, 2019
Page 34

of the owner/applicant.
It is the responsibility of the owner/applicant to identify any utility easements, whether dedicated or
prescriptive (electric, gas, water, CATV, telephone, sewer, drainage, etc.), which may encumber the subject
property, including underground and overhead facilities.
No permanent structures, development or improvements are allowed within any utility easements, without
prior MLGW written approval.
It is the responsibility of the owner/applicant to comply with the National Electric Safety Code (NESC)
and maintain minimum horizontal/vertical clearances between existing overhead electric facilities and any
proposed structures.
Underground Utility separation and clearance: The subject property is encumbered by existing utilities
which may include overhead and underground facilities. It is the responsibility of the owner/applicant to
maintain a minimum 3-foot (3') separation between any existing underground service lines or utilities and any
proposed permanent structure or facility. This separation is necessary to provide sufficient space for any
excavations to perform service, maintenance or replacement of existing utilities.
It is the responsibility of the owner/applicant to pay the cost of any work performed by MLGW to install,
remove or relocate any facilities to accommodate the proposed development.
It is the responsibility of the owner/applicant to contact TN-1-CALL @ 1.800.351.1111, before digging,
and to determine the location of any underground utilities including electric, gas, water, CATV, telephone,
etc.
It is the responsibility of the owner/applicant to comply with Memphis/Shelby County Zoning Ordinance
- Landscape and Screening Regulations.
Street Trees are prohibited, subject to the review and approval of the landscape plan by MLGW
Engineering. It is the responsibility of the owner/applicant to submit a detailed landscape plan to MLGW
Engineering.
Landscaping is prohibited within any MLGW utility easement without prior MLGW approval.
Street Names: It is the responsibility of the owner/applicant to contact MLGW–Address Assignment @
729-8628 and submit proposed street names for review and approval. Please use the following link to the
MLGW Land & Mapping website for Street Naming Guidelines and the Online Street Name Search:
http://www.mlgw.com/builders/landandmapping
It is the responsibility of the owner/applicant to submit a detailed plan to MLGW Engineering for the
purposes of determining the impact on or conflict with any existing utilities, and the availability and capacity
of existing utility services to serve any proposed or future development(s). Application for utility service is
necessary before plats can be recorded.
o All residential developers must contact MLGW's Residential Engineer at Builder Services: (901) 7298675 to initiate the utility application process.
o All commercial developers must contact MLGW's Builder Services line at 729-8630 (select option 2)
to initiate the utility application process.
It is the responsibility of the owner/applicant to pay the cost of any utility system improvements necessary
to serve the proposed development with electric, gas or water utilities.

Land and Mapping-Address Assignment:
• STREET NAME SHOULD BE SHOWN AS “N MAIN ST”
Office of Sustainability and Resilience:
• No comment.

34

 Staff Report
SUP 19-33

October 10, 2019
Page 35

NORTH-SOUTH ALLEY (NORTH NOVEMBER 6TH STREET) CLOSURE ORDINANCE

35

 Staff Report October 10, 2019

SUP 19?33 Page 36

.l?asscd first reading by the linald af?ummissiou?

. 
?rs of the City of 

day of_ feading by the

Board of Co vi iision?ers 

third and final re?lling
4?.-Staff Report October 10, 2019
SUP 19?33 Page 37

 

  
 
  
 
  
  
 
   


I I 


jam?



?a?jr 6&2;

$35 7 -- 

 

I 
.

033313553103. PROVIDING FOR THE ISSUE OF
POLICE STATION BONDS.

 

 

 

0F .GHAPTER 556-03? THE ACTSI OF THE GENERAL ASSEIEBIE IIOF 
STILIEJE or. Armomi) APRIL 30th, ,1909._
1
1" I: .
BE 15015134111133} the 13de 61? Commissioners 05 the
'G1Ity IMe?mphie, by virtue o! the power vested in the)? bi Chap-
hr 556 of the AeteI 01? the General of the state of

Tennessee, approved for 511d *purpoee I

Is house; end tea 1515

or building aI 55351051 in Memphis, mafia:-
I de?I Inn 6161 ene, (the eeid Poliee station Building 

 

Ihaving determined to build said new fire engine house, and

.. 

tear down Ian old one), and of providing funds for- such mix-? 
poses, the City of Memphis hereby and authorises tJIhe
issuance of Two-Hundredt end Sixty Theneend ($260 000.00?

Jae-11ers or bonds oi:- the tenor and effect as provided in aIeid 

 

?5:551:21 honde sham team date the any of:
.7 a; . and shall be payable on the 

day of were . and shall bear interest at; the


 

I: 5-.

 
 
  

bonde and oonponu Iehell be payable at the office of tIIheI I
. Statee MIDI-tease Ia: 5rInet, cIompeny,- in the City of ?ew YIorkI
state or New York, or at the Mayor?s office in: the city 0
'Memphie, Tennessee, at the Option of the holderII. I II I 

 

 

37

Staff Report October 10, 2019
SUP 19?33 Page 38

SECTION 2:

 


Memphis hereby pledges its full faith and'credit far the pay-

 

meat of the principal and intareat of the harein author-
1206 accordingto their tenor, itself in addi-
tion to all the taxes authorized by law, to levy a tax to pay

said bends and coupons at their maturity.

 

 

I salmon 25:

 

BE IE FURTHER ORDAINED, that this Ordinance
take effoct after its {38.89.3630, the public welfara'
requiring it,

 

v'rv m, .. ?gm-H

38

Staff Report
SUP 19?33

Mum-awed magma-r .

 

day of 
Beard nf Cum Issioners on the_ 


.. . 

October 10, 2019
Page 39

_x?Pii- -a first reading by me irr?id of 
er: u? In; (1in of Memphk .. 
A . Angina - and reading by the
Wday of
. third and final! wading

nun-.1

by the[1?wa

ATTEST 2%

CITY cL/Emt

 

Staff Report
SUP 19-33

October 10, 2019
Page 40

EAST-WEST ALLEY (ALLEY 7-B) CLOSURE RESOLUTION

40

 Staff Report October 10, 2019
SUP 19?33 Page 41

DESCRIPTION OF STREETS AND ALLEYS TO BE CLOSED
IN
PROJECT 1, count AVENUE RshaAL manna n-37

 


1. FROM NORTH SECOND STREET EASTWARDLY 
. 

Beginning at:5?point in the east line of nd Street, said
point being the point?of intersection of east line of $econd
Street and the north line\effthe fir alley south of Winchester
Avenue; thence eastwardly withx? inorth line of said alley a 

?distence of 1u8.5 feet more east line of said alley;
thence southwardly line o?qsaid alley a distance of
18.7 feet more or led /to the south line ofksgid alley; thence
westwardly with d?south line a distance of 148.5 feet more or
less to the/east line of Second Street; thence northwerdly with
the east?line of Second Street a distance of 18.7 feet mane or
lessvt?ithe point of beginning. 

 
 

?lzg" FROM THIRD STREET WESTWARDLY A DISTANCE OF 148.5 FEET
\?Eegihni?gngt a point in the west line of Third street} said

point being theane of intersection of the west?line of Third

Street and the north of the first alley south of Winchester

Avenue; thence southwardxy 1 zyhe west line of Third Street a

distance of 19.5 feet more or lgdsitg\the south line of said

alley; thence wettwaz?ly?withaseid Sd?thslihe a distance of 148.5 

feet more or less to'tnegw?st line of sciata ley; thence northwerdly

with the west line eggSEid alley a distance 0??19 5 feet more or

less to the of said alley; thence the

north line of' alley a distance cf 148.5 feet more or less to

the pointng/heginning. 3 

 

3. "ena" - (NOVEMBER 6th seesaw) FROM AVENUE 
MARKET AVENUE 7

Beginning at a point in the south line of Winchester Avenue,
said point being the point of intersection of the south line of
Winchester Avenue and the west line;of the first alley east of
Main/Street; thence eastwardly with?the south line of Winchester
Avenue a distance of 26.0 feet more or less to the east line of?
said alley; thence southwerdly with said east line a distance of
314.3 feet more or less to the north line of Market Avenue; thence
westwardly with the north line of Market Avenue a distance of 26.1
feet more or less to the west line of Alley thence northwardly
with the west line of said alley a distance of 314.8 feet more or less
to the point of beginning.

4. ALLEY - FROM MAIN STREET TO ALLEY 

Beginning at a point in the east line of Main Street, said point
being the point of intersection of the east line of Main Street and
the north line of the first alley south of Winchester Avenue; thence
eastwardly with the north line of said alley a distance of 148.90
feet more or less to the west line of Alley thence southwar?ly
with the west line of said alley a distance of 17.6 feet more or less
to the south line of Alley thence westwardly with the south
line of Alley a distance or 148.50 feet more or less to the
east line of Main Street; thence northwardly with said east line a
distance of 17.6 feet more or less to the point of beginning.

41

Staff Report October 10, 2019
SUP 19?33 Page 42

5. ALLEY (NOVEMBER och STREET) - FROM MARKET AVENUE TO
. EXCHANGE AVENUE

Beginning at a point in the south line of Market Avenue, said

point being the point of intersection of the South line of Market
Avenue and the west line of the first alley east of Main Street;

thence eastwardly with the south line of Market Avenue a distance
of 26.2 feet more or less to the east line of Alley (November
6th Street); thence southwardly with said east line a dietance_of
316.70 feet more or less to the north line of Exchange Avenue;
thence westwardly with the north line of Exchange Avenue a distance
of 25.3 feet more or less to the west line of Alley (November
6th Street); thence northwardly with the west line of said alley
a distance of 315.42 feet more or less to the point of beginning.

6. ALLEY FROM MAIN STREET TO SECOND STREET

Beginning at a point in the east line of Main Street, said
point being the point of intersection of the east line of Main_
Street and the north line of the first alley south of Market
Avenue; thence eastwardly with the north line of said alley a

"distance of 322.7 feet more or less to the west line of Second
Street; thence southwardly with the West line of Second Street

7 a distance of 18.6 feet more or less to the south line of said 

alley; thence westwardly with the south line of said allegta

distance of 323.8 feet more or less to the east line a ?Main
Street; thence northwardly with the east line of Maintotreet a
distance of 17.9 feet more or less to the point of beginning.

VALIJEY - (NOVEMBER 6th STREET) EXCHANGE AVENUE To Forum AVENUE

Beginning at a point in the south line of Exchange Avenue,
said point being the point of intersection of the south line of
Exehange'nvenue and the west line of the first alley east of Main
Street; thence eastwardly with the south line of Exchange Avenue
a distance of 25.7 fact more or less to the east line of Alley
"can" (November 6th Street); thence southwardly with said east
line a distance of 314.0 feet more or less to the north line of
Poplar Avenue; thence westwardly with the north line of Poplar
Avenue a distance or 25.b feet more or less to the west line of
Alley {November 6th Street); thence northwardly with the
west line of said alley a distance of 315.8 feet more or less to
the point of beginning. . 

8. ALLEY - FROM MAIN STREET T0 SECOND STREET

Beginning at a point in the east line of Main Street, said
vpoint being the point of intersection of the east line of_Main
Street and the north line of the first alley south of Exchange
Avenue; thence eastwardly with the north line of said alley a
distance of 322.6 feet more or less to the west line of Second
Street; thence southwaxdly with the west line of Second Street
a distance of 17.0 feet more or less to the south line of said
alley; thence weetwardly with the south line of Alley "443" a
distance of 323.4 feet more or less to the east line of Main
Street; thence northwardly with the east line of main Street
a distance of 17.0 feet more or less to the point of beginning.

42

Staff Report October 10, 2019
SUP 19?33 Page 43

9. "em" (movemen 61m STREET) - FROM POPLAR AVENUE TO 
- WASHINGTON AVENUE

Beginning at a point in the south line of Poplar Avenue, said
point being the intersection point of the south line of Poplar
Avenue and the west line of the first alley east of Main Street;
thence with the south line of Poplar Avenue a distance
of 26.5 feet more or less to the east line of Alley "5on"; thence
eouthwardly with the east line of said alley a distance of 314.8
feet more or less to the north line of Washington Avenue; thence
westwardly with the north line of Waehington Avenue a distance of
26?6 feet more or less to the west line of Allhy thence a
northwardly with the west line of said alley a distance of 3l3.h
feet more or lees to the paint of beginning.

10u 0 FROM MAIN STREET T0 

at a point in the east line of Main Street, said
epoint helng the point of intersection of the east line of Main
Street and the north line of the first alley south of Poplar
Avenue; thence eastwardly with the north line of said alley a
distance of 323.50 feet more or less to the west line or Second
Street; thence southwardly with the west line of Second Street
A a distance or 16.8 feet more or lees to the south line of Alley
thence westwardly with the south llhe of said alley a
distance of 323.5 feet more or less to the east line of Main
. Street; thence northwardly with the east line of Main Street
a distance of 16.o feet more or less to the point of beginning.

11?, ALLEY FROM MAIN sweeten ALLEY 

Beginning at a point in the east line of Main Street, said
point being the point of intersection or.the east line of Main
Street and the south line of the first alley eouth of Weanington
Avenue; thence northwardly with the east line of Main Street a
.dietence of 17?8 feet more or to the north llne of Alley
thence eastwardly With the north line of said alley a
distance of 148.5'feet more or less to the west line of Alley
thence southwardly with the west line of Alley a
_distance of 17.8 feet more or lees to the south line of Alley
"7aB"; thence weetwardly with the south line of said alley a
distance of 14895 feet more or less to the point of beginning.

12. ALLEY FROM EXCHANGE AVENUE TO ALLEY "8wB"

Beginning at a point in the south line of Exchange Avenue,\
said point being the point of intersection of the south line of
-Exohenge Avenue and the West line of the first alley east of
'Second Street; thence with the eouth line of Exchange
Avenue distance of 24.75 feet more or less to the east line of

Alley thence southwerdly with the east line of eeid alley
a distance of l48.5 feet more or less to the north line (projected)
of Alley thence weetwerdly with said line a dietance of
24.75 feet more or less to the west line of Alle thence
;northwerdly with said west line a distance of 14 .5 feet more or
less to the point of beginning? 

43

Staff Report October 10, 2019
SUP 19?33 page 44

13. ALLEY - FROM THIRD STREET T0 ALLEY 

Beginning at a point in the west line of Third Street, said
point being the point of intersection of the west line of Third
Street and the north line of the first alley south of Exchange

. Avenue; thence southwardly with the west line of Third Streetr
a distance of 16.5 feet more.or less to the south line of Alley
thence westeexdly with the south line of said alley a
distance of 148.5 feet more or less to the east line of Alley
thence northnerely with the east line of Alley a
distance of 16.5 feet more or less to the north line of Alley
thence easteerdly with line of Alley 8
distance of 148.5 feet more or less to the point of beginning.

ALLEY FROM EXCHANGE AVEHUE TO MARKET AVENUE

Beginning at point in the'north'line of Exchange Avenue,'
said point being the point of intersection of the north line of
Exchange Avenue and the west line of the first alley east of
Second Street; thence northwardly with said west line a distance
of 315.8 feet more or less to the south line of Market Avenue; 

thence eastwardly with the south line of Market Avenue a distance
of 27.2 feet more on less to the east line of Alley thence
?southwardly with tee east line of said alley a distance of 315.8
feet more or less to the north line of Avenue; thence
westwardly with the north line of Exchange Avenue a distance of
27.2 feet to the point of beginning.

15. "9-43" mom ssoens seems so THIRD STREET

Beginning at a point in the east line of Second Street, said
point being the point of intersection of the east line of Second
Street and the south line of 3he first alley north of Exchange
Avenue; thence northwaidly with said east line a distance of 18.7,

feet more or less to the north line of Alley thence east-

1 Hardly with the nexth line of said alley a distance of 324.2 feet
.more or less to the west line of Third Street; thence southwardly
'with the west line of Third Street a distance of 18.9 feet more
or less to the south line of Alley thence westwardly with
_said south line a distance of 324.2 feet more or less to the point 

?of beginning. -

I 16. WASHINGTON AVENHE - FROM MEIR STREET T0 SECOND STREET

Beginning at a point in the east line of Main Street, said

point being the point of intersection of the east line of main
?Street and the nepth line of Washington Avenue; thence eastwardly
with the north line of Washington Avenue a distance of 323.6 feet
more or less to the west line of Second Street; thence southwaxdly
rwith the west line of Second Street distance of 66 feet more or
less to.the south line of washington Avenue; thence westwardly
with the south line of Washington Avenue a distance of 321.8 feet

more or less to the east line of Main Street; thence northwardly
with the east line of Main Street a distance of 66.feet more or
less to the point of beginning;

do

44

Staff Report October 10, 2019
SUP 19?33 Page 45

How, THTHEFUHH, BE IT EESCLVED that; the above streets,
i.alleys and portions of stre?tzs and alleys be and hereby ar?
closed for public useRESOLVED that th? above described ease-?
?ent be and it hereby is released;

BE IT FUFTHEE RESOLVED that th? proper officIals Of
the City of liemphis be and they hereby are authorized to execute
quit claim deeds to the owners of propetties_abutting upon the
and easementa, reserving, wher? necessary,
easeme.nts in such streets and alleya for public util'Li?H an? 
LeweLs; I I

BE IT FURTHER RESOLVED that a dopy of this Resolution
be sent t0 Memphis Abstract Company and HanSas City Tit}.e 7 
CoHpany, Hid-Louth Title Company, Title Company and

the Caty and County Tax Assessors.

a? Mime! Lenin! fhz? the. is?: Um. arm and said

 

?-?Tif?ww I .5 - 1, ?191,103;ch of Gomn'iiss-
?ns: :uempm?s an reguiar . Spec-Ia: session on
Is - 
MAY 26,2954 (.3 1
kw? 4.4? 
Son-ap?y?nn . 

 

 

 

45

Staff Report October 10, 2019
SUP 19?33 Page 46

APPLICATION

Memphis and Shelby County
Of?ce of Planning and Development

CITY HALL 125 NORTH MAIN STREET-SUITE 468 MEMPHIS, TENNESSEE 38103-2084 (901) 576?6601

 

APPLICATION FOR SPECIAL USE PERMIT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



Date: September 3, 2019 Case 

PLEASE TYPE 0R PRINT 
Property Owner of Record: Jim Strickland, Mayor of Memphis Phone 901-636-6332
Mailing Address: 125 North Main Street, Room 700 City/State: Memphis, TN Zip 38103
Property Owner E-Mail Address: mayor@memphistn.gov
Applicant: Memphis Hotel Venture LLC Phone 212?521?2612
Mailing Address: 667 Madison Ave City/State: New York, NY Zip 10065
Applicant E- Mail Address: 
Representative; Jarmon Peregoy, Kimley-Horn and Associates, lnc. Phone #1 901-374-9109
Mailing Address: 6750 Poplar Avenue, Suite 600 City/State: Memphis, TN Zip 38138
Representative E-Mail Address: 
Engineer/Surveyor: Jarmon Peregoy, Kimley-Horn and Associates, Inc. Phone 901-374-9109
Mailing Address: 6750 Poplar Avenue, Suite 600 City/State: Memphis, TN Zip 38138

 

 

Engineer/Surveyor E?Mait Address: 

Street Address Location; Civic Center Plaza, North Main Street

 

Distance to nearest intersecting street: 191 feet from southwest property corner to centeriine of Adams Avenue (66' Row.)

 

 

 

 

 

Parcel 1, 2 Parcel 3, 4 Parcel 5, 6, 7
Area in Acres: 1.051, 0.085 0.171, 0.065 0.054, 0.054, 0.085
Existing Zoning: CBD, CBD CBD, CBD CBD, CBD, CBD
Existing Use of Property Recreation, Recreation Recreation, Recreation Recreation, Recreation, Recreation
Requested Use of Property Hotel, Hotel Hotel, Hotel Hotel, Hotel, Hotel

 

Amendment(s): Any revision to an approved Special Use Permit that does not meet the provisions for Major or
Minor Modi?cations shall be proposed as an amendment. Time extensions (see Subsection 9.6.14B of the UDC)
to and requests to exceed 24-month limitation on discontinuance (see Subsection 9.6.14C) of approved special use
permits shall be processed as major modi?cations, subject to the provisions of Chapter 9.16.

Yes I: No

Unincorporated Areas: For residential projects in unincorporated Shelby County, please provide the
following information:

Number of Residential Units: Bedrooms: 

 

 

Expected Appraised Value per Unit: or Total Project: 

 

46

Staff Report October 10, 2019
SUP 19?33 Page 47

Variances: If the Office of Planning and Development (OPD) determines your submitted site plan requires Board of
Adjustment (BOA) action on a particular standard of the Uni?ed Development Code, this appiication will not be
heard by the Land Use Control Board (LUCB) until an application is submitted to the BOA. Once a BOA
application is received by OPD, OPD will proceed to send any public notices, including neighborhood meeting
notification, for the next available LUCB meeting. Notices will not be sent out prior to a BOA application being
received. All neighborhood noti?cation and public notices shall meet the timing provided in Sections 9.3.2 and 9.3.4
of the UDC. in lieu of a BOA application being filed, this application for a Special Use Permit may be replaced
with an application for a Planned Development within 14 days of the filing deadline for this application, unless the
site is located within the Medical Overlay District (see Sec. 8.2.21) of the If neither a Board of Adjustment
nor a Planned Development application is received within 90 days of the ?ling deadline for this application, then this
application shall be considered defective and withdrawn from any future consideration by the Land Use Control
Board.

I (we) hereby make application for the Special Use Permit described above and on the
accompanying materials. I (we) accept responsibility for any errors or omissions which may
result in the postponement of the application being reviewed by the Memphis Shelby County
Land Use Control Board at the next available hearing date. I owner-(s) of the above described

pr arty ereby orize the ?ling of this application and the above named persons to act on my behalf.
i; 
we 
if a

Pr rty Owner of Record Date I hate
5 C. 3 Mar
barb/t Milanvze. 

REGUIREMENTS PRIOR TO APPLICATION SUBMISSION

   

PRE-APPLICATION CONFERENCE Not more than six (6) months nor less than five (5) working days prior
to filing an application, the applicant shall arrange for a mandatory pro-application conference with OPE).

Pro-Application Conference held on: 07/191201 9 with J03 Wh Ite head

 

 

NEIGHBORHOOD MEETING At least ten (10) days, but not more than l20 days, prior to a hearing before
the Land Use Control Board, the applicant shall provide an opportunity to discuss the proposal with
representatives from neighborhoods adjacent to the development site (Section 9.3.2). The following
documentation shall be provided to OPD to verify compliance with this requirement: A copy of the letter sent to
neighborhood associations and abutting property owners and a copy of the mailing list used to send notice.

Neighborhood Meeting Requirement Met: Yes? Not yet!

(If yes, documentation must be included with application materials)

SIGN POSTING A sign or signs shall be erected on?site no more than 30 days or less than it) days prior to the
date of the Land Use Control Board hearing. See Sub-Section 9.3.4C of the UDC for further details on sign
posting.

47

Staff Report October 10, 2019
SUP 19?33 Page 48

9.6.9 Special Use Permit Approval Criteria
No special use permit or planned development shall be approved unless the following ?ndings are made concerning
the application:

Please address each sub-section below (Provide additional information on a separate sheet of paper if needed).

0 The project will not have a substantial or undue adverse effect upon adjacent property, the character of the
neighborhood, traf?c conditions, parking, utility facilities and other matters affecting the public health,
safety, and general welfare (UDC sub-section 9.6.9A).

The proposed hotel use will have a positive impact on the character of the neighborhood by
supporting increased tourism and improving the safety of the area with more activity.

0 The project will be constructed, arranged and operated so as to be compatible with the immediate vicinity
and not interfere with the development and use of adjacent property in accordance with the applicable district
regulations (UDC sub-section 9.6.9B).

The proposed hotel will complement the surrounding area by providing downtown business
patrons and other tourists with a convenient place to stay in the heart of the city. It's
location on Main Street will encourage pedestrian activity and patronage of nearby
destinations.

The project will be served adequately by essential public facilities and services such as streets, parking,
drainage, refuse disposal, ?re protection and emergency services, water and sewers; or that the applicant will
provide adequately for such services (UDC sub-section 9.6.9C).

As part of the City of Memphis Engineering approval process, the applicant will ensure the
project is designed to be served adequately by public facilities, emergency services, and
utilities. There are existing water, sewer, gas, and electric utilities in the public rights-of?way
adjacent to the property that the project will request connection to.

The project will not result in the destruction, loss or damage of any feature determined by the governing
bodies to be of signi?cant natural, scenic or historic importance (UDC sub-section 9.6.9D).

All necessary environmental and historical due diligence and permitting will be performed
prior to the development of the subject property and as required by local, state, or federal
agencies. All necessary actions will be taken as required by the permitting processes.

0 The project complies with all additional standards imposed on it by any particular provisions authorizing
such use (UDC sub?section 9.6.913).

The applicant will ensure the project complies with all additional standards imposed by any
particular provisions authorizing the proposed Hotel use.

0 The request will not adversely affect any plans to be considered (see UDC Chapter 1.9) or violate the
character of existing standards for development of the adjacent properties (U DC sub?section 9.6.9F).

The proposed use will not adversely affect the overall character of the area. Loews plans to
develop the site with the spirit of Memphis at the forefront of design. The presence of a 4-
star hotel in the heart of the city will greatly enhance the entire downtown area for
residents, business patrons, surrounding employees, and tourists alike.

48

Staff Report October 10, 2019
SUP 19?33 Page 49

LETTER OF INTENT



September 3, 2019

Mr. Josh Whitehead, Director

Memphis 1? Shelby County Office of Planning and Development
City Hall, 125 North Main Street, Suite 468

Memphis, Tennessee 38103

RE: Special Use Permit for Proposed Hotel Use
1.57 Acre Property Civic Center Plaza, North Main Street

Dear Mr. Whitehead:

On behalf of Loews Hotels and Co, we are pleased to submit the attached supporting documents
and application for a Special Use Permit for a hotel use on the 1.57-acre property made up of the
following seven parcels:

002010 00002 002011 00002 002011 00004 002011 00006
002011 00001 002011 00003 002011 00005

The project site is bound by Main St to the west, November St to the east, and the Downtown
Memphis Commission to the south. All seven properties are zoned - Central Business? per the
City of Memphis Zoning Atlas. In CBD, a hotel use requires a Special Use Permit per the Unified
Development Code.

The proposed development will feature a convention center hotel with approximately 500 rooms as
well as a restaurant, food and beverage areas, a poolfobservation deck, and other amenities.

The existing property is being used as a public plaza with fountains and benches. The requested
hotel use offers a more productive use of the property. The proposed development will accelerate
growth and revitalization in the downtown area by supporting the local tourism industry and improving
the surrounding streetscape.

Kimley-Horn is excited to work with Rule Joy Trammell Rubio Architects and the developers, Inland
Pacific Companies and Loews Hotel and Co, on this project. Please do not hesitate to contact our
office with any questions.

Sincerely,
KIMLEY-HORN AND INC.
1?51!"

armon Peregoy, P.E. 1V

kimley-horn.com 5750 Poplar Avenue, Suite 000. Memphis, TN 38138 901 374 9109

49

Staff Report October 10, 2019

 

 

SUP 19?33 Page 50
SIGN AFFIDAVIT
AFFIDAVIT
Sheiby County
State of Tennessee
i, Ransom Creech being duty sworn, de cse and say that at 4 aranrnI
the 25th day of September . 2019 postEd 3 Pubhc Notice Sign(s)

 

pertaining to Case No. SUP 19-33 at the Civic Center Plaza near 2nd St. Main St, PoplarAve,
providing notice of a Pubiic Hearing before the V, Land Use Control Board,

Memphis City Councii, Sheiby County Board of Commissioners for
consideration of a proposed Land Use Action Pianned Deveiopment,
Speciai Use Permit, Zoning District Map Amendment, Street

and/or Ciostire), a photograph of said sign(s) being attached hereon and a copy of
the sign purchase receipt or rentai contract attached hereto.

7/361??

Owner, Appiicant or Representative Date

 

Subscribed and sworn to before me this ,20 711/ day of j?w?gwg?? 20 .

 
   

Notary Pubiic

My commission expires: 

 

50

Staff Report
SUP 19-33

October 10, 2019
Page 51

LETTERS RECEIVED
One letter of opposition was received at the time of completion of this report and has subsequently been attached.

51

 MARTIN, TATE, MORROW & MARSTON, P.C.
ATTORNEYS AND COUNSELORS
INTERNATIONAL PLACE. TOWER II
SUITE 1000
6410 POPLAR AVENUE
MEMPHIS. TENNESSEE 38119-4839

J. LEWIS WARDLAW

TELEPHONE (901) 522-9000

LWARDLAW@MARTINTATE.COM

FAX (901) 527-3746

October 1, 2019

LICENSED IN TENNESSEE
LICENSED IN ARKANSAS

jeffrev.penzes@memphistn.gov
josh.whitehead@memphistn.gov

Mr. Jeffrey Penzes
Memphis and Shelby County Office of
Planning and Development
RE:

Application for Special Use Permit /SUP 19-33 /Memphis Hotel Venture, LLC

Mr. Penzes:
I represent Hotel Memphis, L.P. and Hotel Memphis Opco, L.P. (collectively, "Hotel
Memphis") in their opposition to Memphis Hotel Venture, LLC's September 3, 2019 Application
for Special Use Permit approval. We have received a Notice of Public Hearing that the matter is
set for a hearing before the Land Use Control Board ("LUCB") on October 10, 2019. Hotel
Memphis, L.P. owns and Hotel Memphis Opco, L.P. operates the Sheraton Hotel in near vicinity
to the proposed project and oppose the nature and scope of the proposed development for the
reasons set forth below. We ask that this letter of opposition be included in the official Staff
Report and circulated to the LUCB members prior to the hearing.
The Process and Approval Criteria
The properties on which the special use permit is sought are within the Central Business
District (the "CBD"). As such, the properties require a special use permit for "hotel" use. The
mandatory criteria for approval of a special use permit are set forth in the Unified Development
Code ("UDC"). Without each of the following affirmative findings, the requested special use
permit cannot be legally granted:
No special use permit or planned development shall be approved unless the
following findings are made concerning the application:
A. The project will not have a substantial or undue adverse effect upon
adjacent property, the character of the neighborhood, traffic
conditions, parking, utility facilities and other matters affecting the public
health, safety, and general welfare.
B. The project will be constructed, arranged and operated so as to be
compatible with the immediate vicinity and not interfere with the

 development and use of adjacent property in accordance with the
applicable district regulations.
C. The project will be served adequately by essential public facilities
and services such as streets, parking, drainage, refuse disposal, fire
protection and emergency services, water and sewers; or that the applicant
will provide adequately for such services.
D. The project will not result in the destruction, loss or damage of any
feature determined by the governing bodies to be of significant natural,
scenic or historic importance.
(UDC 9.6.9) (Emphasis added).1
The Opposition
Ongoing Litigation

Legal challenges to the overall development are pending in two separate Tennessee
courts. A lawsuit filed in Shelby County Chancery Court is currently pending in the Tennessee
Court of Appeals. A second case, filed in Davidson County Chancery Court, is set to begin trial
on November 22, 2019.
The Shelby County case (Hotel Memphis, L.P. and Hotel Memphis Opco, L.P. v. City of
Memphis and Memphis City Council / Chancery No. CH-18-1529-III / Tennessee Court of
Appeals No. W2019-00585-00A-R3-CV) challenged the City Council's approval of an August
28, 2018 resolution (the "Resolution") through a Petition for Writ of Certiorari. In the Shelby
County litigation, Hotel Memphis alleges that the City Council acted illegally, arbitrarily, and
capriciously, and abused its discretion when it approved the Resolution because the City
Council, among other things:
•

illegally sought approval of the allocation of State sales and use taxes to the proposed
project at a time when the TDZ Act, Tenn. Code Ann. § 7-88-106, prohibited using the
State portion of sales and use taxes to finance the project;

•

illegally levied a privilege tax on sales at the project on the first reading without
following statutory requirements for enactment of a privilege tax;

•

impermissibly approved a master plan supplement to the Tourism Development Zone
application that did not exist at the time of its approval; and

•

failed to conduct an evaluation of the economic feasibility of the taxpayer-financed
project.

The Memphis City Council may also "impose reasonable conditions ... not limited to, right-of-way or
easement dedication; recreation, open space, landscaping or buffer provision; limits on scale, intensity, or hours of
operation; and other reasonable restrictions." (UDC 9.6.10A).

 Hotel Memphis's appeal of the Shelby County Chancery Court's ruling on these issues is
currently pending before the Tennessee Court of Appeals.
The Davidson County case (Hotel Memphis, L.P. and Hotel Memphis Opco, L.P. v. State
Building Commission, Executive Subcommittee of the State Building Commission, Department
of Finance and Administration, City of Memphis, Downtown Memphis Commission, Loews
Hotels Holding Corporation, and THM Memphis Acquisitions, LLC / Chancery No. CH-19-256I) challenged the approval of the State Building Commission Executive Committee (the "SBC
EC") of the project under the TDZ Act through a Petition for Writ of Certiorari. In the pending
lawsuit, Hotel Memphis alleges that the approval is illegal, arbitrary, capricious, and an abuse of
discretion because, among other things:
•

The SBC EC granted its approval without considering economic feasibility of the
taxpayer-financed project;

•

The Resolution upon which the approval was based violated at least three statutes, and
the Memphis City Council abused its discretion by failing to perform an economic
feasibility analysis or reviewing a master plan supplement to the Tourism Development
Zone application;

•

The City improperly sought financing through the use of the State portion of the sales and
use taxes in direct contravention of the TDZ Act;

•

The request did not contain the required minority-owned business participation plan, and
therefore the State Building Commission's approval of the modification was not
authorized by the TDZ Act; and

•

In approving the application, the Finance Department failed to consult with the
Department of Economic and Community Development and the Department of Tourism.

Consideration by the LUCB is premature at this stage because of the issues raised in the
pending litigation and raises the risk of having conflicting actions taken by separate branches of
government. This matter should be removed from the LUCB's calendar until the legal
proceedings have been concluded.

The Proposed Permit Does Not Meet the Requirements.
Among other requirements, the UDC mandates that "[n]o special use permit or planned
development shall be approved" unless all of the enumerated criteria are met. (UDC 9.6.9).
Here, we focus on the following criteria, which cannot be overcome by the applicant:
•

The requested use will have a substantial and undue adverse effect on the adjacent
property (UDC 9.8.6A);

•

The requested use will have a substantial and undue adverse effect on the character of the
neighborhood (UDC 9.8.6A);

 • The requested use will have a substantial and undue adverse effect on the parking in the
area and cannot be served adequately by essential public facilities such as parking, streets
and other vital infrastructure (UDC 9.8.6A & C); and
• The requested use will result in the destruction, loss and damage of a feature of
significant historic importance (UDC 9.8.6D).
It is important to understand the historical context of the proposed hotel development.
On May 18, 2018, the City of Memphis, the Downtown Memphis Commission, the Memphis
Center City Revenue Finance Corporation, THM Memphis Acquisitions, LLC ("THM"), and
Loews Hotels Holding Corporation ("Loews") entered into a letter of intent to for the
redevelopment of 100 North Main, 80 North Main, and associated properties. The project
became known as the Memphis Gateway Development Project. On August 28, 2018, the
Memphis City Council passed the Resolution purporting to authorize, among other things,
Memphis' request that the Memphis Gateway Development Project be designated as a Qualified
Public Use Facility under the TDZ Act. The Resolution sought approval of, among other things,
a "high quality convention hotel with at least five hundred (500) rooms, with related meeting
space, retail, amenities and parking," which the Resolution collectively defined as the "Hotel."
Mayor Strickland subsequently filed a Master Plan Supplement with the Tennessee
Department of Finance and Administration seeking certification of the "Hotel" as a "qualified
public use facility within the Downtown TDZ" and requesting that "a Convention Center Hotel
containing at least five hundred (500) rooms to be constructed on the site located between 140
and 170 North Main Street, Memphis, Tennessee, together with related retail, parking and
commercial uses to be located at 80 and 100 North Main Street, Memphis, Tennessee, be
designated as a Qualified Public Use Facility. . . ." The City described the project as spanning
"two blocks along N. Main Street, encompassing 80 N. Main and 100 N. Main and a City-owned
plaza across from Memphis City Hall" and provided a summary, which showed that the
Memphis Gateway Development Project consisted of the following:
•
•
•
•

A Loews hotel with -550 guestrooms and -55,000 square feet of meeting space;
Luxury apartments at 100 N. Main Street;
80,000 square feet of hotel amenities located at 100 N. Main and 80 N. Main; and
A 1,200-car parking garage.

The Memphis Gateway Development Project was to be jointly constructed by two
development partners, THM, which owned (or through an affiliate owned) 80 N. Main and 100
N. Main, and Loews, which was going to develop the hotel portion of the Memphis Gateway
Development Project. However, on April 18, 2019, the City, the Downtown Memphis
Commission, and the Memphis Center City Revenue Finance Corporation entered into a new
letter of intent with Loews, excluded THM from the new project, and substantially and
negatively changed the project, effectively abandoning the Memphis Gateway Development
Project, in favor of pursuing a new, single Loews-only hotel project.

 There are substantial differences between the now-abandoned Memphis Gateway
Development Project and the new single hotel project. The Memphis Gateway Development
Project's hotel amenities, meeting space, luxury apartments, and parking, which were to be
located at THM's 80 N. Main and 100 N. Main, have been entirely eliminated from the single
hotel project, which is comprised of a single hotel on City-owned land — largely on Memphis'
most iconic civic square. The previously-proposed public amenities have been omitted. Most
notably for purposes of the Special Use Permit, the 1,200 hundred-space parking lot formerly
proposed as part of the overall project has been eliminated.2 As proposed, the project will have a
substantial and undue adverse effect on the localized parking and cannot adequately be served by
the existing infrastructure. Without more, the SUP Application should be denied.
In addition to the proposed use's failure to adequately address parking and other
infrastructure issues, the single hotel project will have a substantial and undue adverse effect on
the character of the neighborhood. It will destroy a vibrant civic center, joining together the
people with the majority of local government. Civic Square is the people's lobby to its city,
county, state and federal government, and provides a place for public gathering and discourse.
Dismissing the importance of public spaces, the letter submitted by Kimley-Horn in support of
the SUP Application states "[t]he existing property is being used as a public plaza with fountains
and benches" and claims the "requested hotel use offers a more productive use of the property."
We strongly disagree. This approach is short-sight and would cause irreparable harm to the City
of Memphis and its residents. Such harm far outweighs any benefit offered by the proposed use.
The Civic Square has been instrumental in shaping the history of the City of Memphis.
By way of best example only, the square played a pivotal civic role following the April 4, 1968
assassination of Dr. Martin Luther King, Jr.:
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Peaceful mass march on the Civic Square in memory of Dr. Martin Luther King Jr.,
days after his assassination.

2

The April 18, 2019, LOI provides only the aspirational (and greatly reduced) goal that "Subject to the
policies of the Downtown Parking Authority ("DPA"), the City agrees to use its best efforts to cause DPA to enter
into a lease to Lowes not less than 250 parking spaces located within three (3) blocks of the Hotel for a period of 30
years (subject to extension for up to 99 years in the aggregate) at 90% of the fair market value thereof."

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Coretta Scott King and actor/activist Harry Belafonte speak to a crowd gathered on the Civic
Square on April 8, 1968 following a peaceful memorial march through downtown Memphis.
NMI

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Coretta Scott King and her children on the Civic Square on April 8, 1968
after leading a peaceful memorial march through downtown Memphis.

Bishop B. Julian Smith (Christian Methodist Episcopal Church), Jerry
(AFSCME
International President), Walter P. Reuther (UAW President), and Don Slaiman (AFL-CIO Civil
Rights Director) join in mourning with a crowd gathered on the Civic Square on April 8, 1968.

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41

15,000 people gathered on the Civic Square to peacefully participate in the April 4, 1969
commemoration ceremony on the first anniversary of Dr. Martin Luther King Jr. 's assassination.

Senator Edward Kennedy addresses a crowd gathered on the Civic Square for the April 4, 1969
commemoration ceremony on the first anniversary of Dr. Martin Luther King Jr. 's assassination.
There are, of course more recent uses of the civic square for public discourse. This civic
public square has historically been a place for the people of Memphis to gather. Notably, the
iconic trolley stop tower (see below) will be demolished, and the trolley's future placed at risk

Civic Square is part of the fabric of our community — whether it used for peaceful protest
or for public grief; for the enjoyment of public music or to just playing in the fountains; or for
nothing more than standing in the midst of the inter-connected space connecting our three
branches of government.

 If the SUP Application is approved, this history is to be destroyed, and replaced with "a
restaurant, food and beverage areas, and a pool/observation deck," along with an Adams to
Exchange roadway over what used to be historic grounds. The permanent destruction of the
Civic Square will result in the loss of a civic space of significant historic importance.
The proposed project is not compatible with the immediate vicinity. It would destroy the
Civic Square on which those in the vicinity thrive. The development would have a substantial
and undue adverse effect upon adjacent property, and the character of the neighborhood. Finally,
the project cannot be served adequately by public facilities. In addition to the lack of parking
and other vital infrastructure, the proposed project itself is the cause of the destruction of the
most significantly historic pubic gathering space in Memphis.
On these bases, we ask the LUCB to deny the SUP Application. I am happy to address
any questions you may have.
Very Truly' urs,
•