6 January 2022

TO:  Memphis/Shelby County Land Use Control Board

Memphis City Council

FROM: Residents in the Subdivisions Adjacent to 120 N. East Yates

SUBJECT: Opposition to Case Number: PD 21-42

Multi-Family Residential Community

 

We, the undersigned representing the Richbriar subdivision, Sylvan Hills subdivision, Richland Acres Neighborhood Association, Mason subdivision, Fountain Pointe subdivision, and Barfield Condominiums, are writing to share an unwavering opposition to Worldwide Property Hub’s Application, PD 21-42.  This development planned by Worldwide Property Hub (hereafter WWPH) and its developer, Gregory Griffin, who does not live in any of our subdivisions, will have an adverse effect on the current homeowners.  This opposition is evidenced by the undersigned homeowners who will have their lives affected by this development.

The Richbriar subdivision, Sylvan Hills subdivision, Richland Acres Neighborhood Association, Mason subdivision, Fountain Pointe subdivision, and Barfield Condominiums (“our neighborhood”) is a diverse one, with homeowners who are deeply invested in the health and welfare of our great city.  We are tax-paying professionals, passionate volunteers, and consistent voters who span every age group, race, political affiliation, and religion.  We are employees of major corporations, retirees from critical infrastructure companies, frontline healthcare workers and researchers, entrepreneurs and leaders of small businesses, public servants and pastors, and so much more.

We are all UNITED IN OPPOSITION to this planned development.

We have a number of concerns and plan specific opposition based upon the skeletal plan as presented and discussed by Gene Bryan, Cassidy Cockrell, and Adrian Bond (representatives of WWPH and Caissa Public Strategy) at the mandatory neighborhood meeting Worldwide Property Hub convened on 16 December 2021.  Our primary OPPOSITION to PD-42 is expressed in the following points:

NO NEED TO CHANGE CURRENT ZONING
The zoning for 120 N. East Yates is currently R-10, which mandates that no more than 18 homes may be built without changing existing zoning.
In contrast, the existing homes along Colegrove and Rich roads are R-8, while the Barfield Condominiums are at R-U2.  
PD 21-42, with its proposed 41 single family homes on 4 acres, would require an adjustment to R-1 zoning in order to allow WWPH’s planned development.
While WWPH may possess the property at 120 N. East Yates, there is no clear and present reason to change zoning from R-10 to the proposed R-1 zoning, apart from pecuniary lucre.  At the two voluntary and one mandatory neighborhood meetings, WWPH has in no way articulated a cogent argument for why the zoning should be adjusted from R-10 to R-1 zoning.

DECREASE IN ADJACENT HOMEOWNER PROPERTY VALUES
As the letter below from William Gordy, Associate Planner for this planned development states, PD 21-42 has lot sizes ranging from 2,500-7,500 ft.2. 
Per the same letter below, the single family homes in the northern Richbriar subdivision range a minimum lot size of 8,000 ft.2  The homes in the western Sylvan Hills subdivision are single family homes with a minimum lot size of 10,000ft.2

The impending proximity of this proposed development will drive down adjacent property values, even though at the mandatory neighborhood meeting on 16 Dec. 2021, we were twice assured by Mr. Adrian Bond that the developer “has done his research” as far as pricing the homes at approximately $220/ft.2  
While WWPH may construct new homes and ask a price point of $220/ft.2, there is no guarantee that these homes will sell for this price, particularly as these homes will have a mere 5’ between them and only have a backyard of 5’.  
As a result, there will be an influx of new homes that will be unable to be sold for their asking price, which will only serve to further depreciate the value of our existing homes that are approximately 50 years older than the new development.  This has been affirmed by professionals with whom we have consulted locally.

DETRIMENTAL EFFECT ON THE CHARACTER OF THE EXISTING NEIGHBORHOOD
WWPH justifies their request for PD 21-42 as “a single family residential development that will not unduly injure or damage the use, value, and enjoyment of surrounding property nor unduly hinder or prevent the development of surrounding property in accordance with the current development policies and plans of the City and County” (UDC Sub-Section 4.10.3A).  As shall be demonstrated below, PD 21-42 in fact would have a detrimental effect upon nearby residents’ enjoyment of their neighborhood, and residents would no longer be able to maintain the desired physical character of the existing neighborhood.
Furthermore, in order for PD 21-42 to meet approval criteria, “The location and arrangement of the structures, parking areas, walks, lighting and other service facilities shall be compatible with the surrounding land uses” (see UDC Sub-Section 4.10.3C).  In particular, the arrangement of the structures and the parking is incompatible with the surrounding existing properties, as is evidenced in the plan below:

Compared to the above plan from PD 21-42, the existing homes located on Rich and Barfield fit approximately 3.5-6 PD 21-42 homes in the equivalent amount of space.  The plan from PD 21-42 is entirely incompatible with the existing construction and would unduly injure and damage the enjoyment of the surrounding properties.
Please see the following homes and the amount of homes proposed in the equivalent amount of space in PD 21-42:
 1) 5697 Rich Rd. 2) 5700 Barfield Rd. 3) 5744 Rich Rd. 4) 5736 Rich Road 

5697 Rich Road = 6 houses in PD 21-42

5700 Barfield Road = 5 houses in PD 21-42

5736 Rich Road = 4 houses in PD 21-42

5744 Rich Road = 4 houses in PD 21-42

As is clear from the above pictures as well as in the following two sections, PD 21-42 is incompatible with the surrounding neighborhood, including parking.

PD 21-42 proposes 41 free-standing units with a mere 5’ between properties.  An example of current construction by WWPH is at 4171 Poplar Ave (https://wwpropertyhub.com/properties/4171-poplar-rd-2/ below:

PD 21-42 proposes 41 free-standing units with a mere 5’ between properties.  In contrast, most homes in our neighborhood have a minimum of 10’ between homes, twice that proposed in PD 21-42.
Worldwide Property Hub (WWPH) has never built any construction of this kind in a Memphis neighborhood of our type.  While other current construction by WWPH is built adjacent to other existing neighborhoods (see above), this construction is located on Poplar Avenue, which is a major urban thoroughfare where additional traffic is to be expected.  PD 21-42 would essentially be within an existing, quiet neighborhood rather than along a major thoroughfare like Poplar Ave.
In addition, the above homes built by WWPH are less than ten in total number and are on a much smaller scale than the 41 units proposed in PD 21-42.
Current residents in our neighborhood purchased their homes with the expectation that their home would be located adjacent to a quiet synagogue for which there was minimal traffic and occasional use on weekends and special holidays.

ADDITIONAL PARKING ISSUES AND CRIME
Currently there are only 20 visitor parking spots planned for this development of 41 residences.  Though each residence will supposedly have two parking spots in a garage, visitors will in all likelihood park on the street, which is dangerous and will invite additional crime by those seeking to break into cars parked on the street during the night.
The 20 visitor parking spots in PD 21-42 are inadequate for a 41 unit residential community, as there will be additional daily visitors of a business nature to the community (e.g., maintenance workers, delivery drivers).  These visitors will not utilize the onsite parking spots and instead will utilize the interior drive or park on the narrow streets of Rich, Barfield, or Colegrove roads, posing a danger to adjacent residents.

ADDITIONAL STRESS ON NEIGHBORHOOD AMENITIES
Increase the volume of persons using the amenities in this area (schools, roads, emergency services, water and utility service, sewers, etc.)
Nearby Richland Elementary and White Station Middle School are at capacity and will be further distressed by additional students, especially as many students from Shady Grove Elementary, which will close in May 2022 will subsequently be rezoned for Richland Elementary.

PERILOUS ROADWAYS
Increased traffic and its impact on an already overburdened and neglected two-lane Rich Road.  Many people run the four-way stop sign at the intersection of Rich and Yates Roads, and an additional 80-100 cars each day will only exacerbate this problem and make our neighborhood less safe.  PD 21-42 would not yield an efficient and effective traffic circulation, both within and adjacent to the development site, and it would not support or enhance the existing approved transportation network.
The developer has indicated that they will not be responsible for expanding the Rich, Barfield, or Colegrove roads, narrow streets which surround 120 NE Yates.  These narrow roads cannot accommodate the stress of approximately 80-100 cars each day, particularly at the morning and evening rush hours (including the four one-hour windows of time to accommodate pick up and drop off times of nearby Richland Elementary and White Station Middle schools). 
Our neighborhood is a quiet one, where many children still play in their front yards and where there are many walkers.  An influx of approximately 60-100 cars per day is a danger to our residents, particularly at the intersection of Rich Roads and Yates Road.  As was suggested at the Technical Review meeting on 23 December, PD 21-42 would possibly warrant a traffic impact study.  We request that a traffic study be conducted to see the impact PD 21-42 will have upon current neighborhood residents, especially our neighborhood’s children.  We request that this traffic impact study be conducted on a day when Richland Elementary and White Station Middle Schools are in session to yield an accurate reflection of daily traffic in the neighborhood.
Currently as planned, this is being billed as a planned development of 41 single family residential homes with two entrances on Barfield and Colegrove roads (pictured below with red arrows).  The Barfield Condominiums are immediately adjacent to 120 N. East Yates, and the minimal entrances into the proposed “Anshei Gardens” would provide additional stress upon Barfield and Colegrove roads, particularly as emergency vehicles would need ingress into and egress from the neighborhood.

FLOODING FOR ADJACENT PROPERTIES 
Probably increase of flood risk from the diversion of surface water from the developed land that lies in proximity to floodway zone AE.  Refer to FEMA Flood map 47157C0313G (https://msc.fema.gov/ below:

Flood risks for the area that could also lead to the need for expensive flood insurance for surrounding residences.

 

PREVIOUS DISREGARD BY DEVELOPER FOR CURRENT RESIDENTS OF THIS AREA
On 31 August 2020, the developer purchased the former synagogue property, the grounds of which had been carefully maintained by synagogue employees.  During the 16 months Worldwide Property Hub has owned the property, the leaves have not been removed, which has led to clogged storm drains.  We requested to Mr. Adrian Bond that Mr. Griffin hire a crew to handle the leaf and debris removal of his property immediately after the mandatory meeting on 16 December 2021.  To date, neither WWPH nor Mr. Griffin have handled the external maintenance of his property, which affects the immediately adjacent residences.
In addition, Anshei Spard Beth-El Emeth Synagogue previously paid for the street lights that surround the perimeter of its property on Colegrove and Barfield roads.  During the time of ownership, WWPH has kept these street lights off, which has led to multiple car burglaries of properties immediately adjacent to 120 N. East Yates.  
If WWPH and Mr. Griffin have previously demonstrated a prior disregard toward adjacent  properties, nearby residents can feel little confidence that the developer will show any demonstrably greater consideration for adjacent residents during demolition of the Anshei Sphard Beth El-Emeth Synagogue and during construction of PD 21-42.

MULTIPLE COMPLAINTS AGAINST WORLDWIDE PROPERTY HUB WITH THE BBB
Multiple complaints have been filed with the Better Business Bureau against Worldwide Property Hub and its owner, Gregory Griffin.
https://www.bbb.org/us/tn/memphis/profile/property-management/world-wide-property-hub-0543-44082080/complaints 

Lastly, we would like to reiterate the guiding principles that frame your work.  These guiding principles are 

FAIRNESS
CIVIC PASSIONS
WISE JUDGEMENT
CIVILITY and DIPLOMACY
INTEGRITY
HUMANITY
CONSISTENCY

While we have reflections on how every one of these guiding principles has relevance for this case,

we appeal fervently to your WISE JUDGEMENT as it relates to what is in the best interest of our overall community long term.

We are and shall continue to be invested in this community and trust that these principles will be applied in supporting our opposition to this project.

Signed, Citizens for Compatible Construction for 120 N. East Yates

 

Citizens for Compatible Construction for 120 N. East Yates

The undersigned residents of the Richbriar subdivision, the Sylvan Hills subdivision, the Barfield Condominiums, Richland Acres subdivision, and Fountain Pointe subdivision formally oppose the

approval of PD 21-42, Anshei Gardens.