Use On Review

5-A-18-UR

Approved as modified
by the Planning Commission

APPROVE the request of 'Phase 1' only for expansion of the existing surface mining and mineral extraction operation as shown on the development plan and described in the Mining Plan of Operations (Amendment 1), subject to 16 conditions (See attached Rep


See case notes below

Details

Request

Property Info

Case Notes

What's next?

Details of Action

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1. Phase 2 of the future mining area, located on CLT Map 097, Parcels 071, 072, 073 & 074, shall not be considered for approval by the Planning Commission until the revegetation plan has been completed according to Attachment A (Mine Plan of Operations Revegetation Plan) of the Mining Plan of Operations (Amendment 1). This includes revegetating the external banks of the rock overburden berms along roadways, proposed landscaping at the intersection of E. Governor John Sevier Hwy and Asbury Rd. (see Attachment A), and all landscape screening required by Article 4, Section 4.10.11 (see Exhibit B for screening guideline).
2. Phase 1 rock overburden berms can be created as part of the Phase 1 mining expansion but shall only be allowed after the required landscape screening of Article 4, Section 4.10.11 is installed. All berms shall be in conformance with the requirements of Article 4, Section 4.50 and the conditions of this use-on-review.
3. No landscape screening required by Article 4, Section 4.10.11 shall be removed unless replaced in-kind or to otherwise meet these screening standards. The placement of the landscape screening and rock berms should take into account any potential utilities and access that may need to be provided around the external boundary of the property so the screening does not need to be disturbed.
4. Meeting the required 100-foot setback for the deposition of overburden or spoil bank (rock berm), or stockpile in the A (Agricultural) zone, and obtaining approval from the Board of Zoning Appeals to reduce this setback for the existing rock berms along E. Governor John Sevier Hwy., Asbury Rd., and Thorn Grove Pike to no less than the existing condition.
5. No new or existing berm shall exceed the building height restrictions of the State of Tennessee Scenic Highway System Act of 1971 (TCA 54-17-115) as measured from E. Governor John Sevier Hwy. Existing berms that exceed this height restriction may remain at the height shown on the ?Plan of Operations Map North? (Drawing Date: 2/14/2018, Revised: 4/20/2018) but cannot be increased in height. TCA 54-17-115 is attached as Exhibit A.
6. No new berm shall exceed 35 feet in height within 500 feet of a residential dwelling that is not owned by the mine owner, with exception of the Phase 1 berm at the corner of Thorn Grove Pike and Burkbrooks Ln. shall be allowed to taper the height from the existing berm so long as the berm does not exceed 35 feet in height within 100 feet of Burkbrooks Ln.
7. Meeting all of the performance standards as contained in Article 4, Section 4.10 and Section 4.50 of the Knox County Zoning Ordinance.
8. Meeting all other applicable requirements of the Knox County Zoning Ordinance.
9. Meeting all requirements of the Knox County Health Department.
10. Meeting all requirements of the Knox County Department of Engineering and Public Works.
11. Meeting all applicable requirements and obtaining all required permits dealing with water and air quality form the appropriate governmental agency.
12. All traffic involved in the sales and distribution of the stone produced on this site will be limited to using the existing driveways on the west side of E. Gov. John Sevier Hwy.
13. Posting of the required bond with Knox County or the State of Tennessee.
14. A revised site plan reflecting the conditions of approval must be submitted to MPC staff prior to issuance of grading permits.
15. Approval of this application by the Knox County Board of Commissioners.
16. Utilizing native plantings only for the revegetation of the rock berms.

With the conditions noted above, this request meets the requirements for approval in the I (Industrial) & A (Agricultural) zoning districts, as well as other criteria for approval of a use on review.

Applicant Request

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Property Information

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Location
South side of Thorn Grove Pike, west side of Fawver Ln.

Commission District 8
Census Tract 54.01


Size
25.80 acres

Sector
East County

Land Use Designation? AG (Agricultural)


Currently on the Property
Rural Residential & Vacant

Growth Plan
Planned Growth Area & Rural

Case Notes

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Staff Recommendation
APPROVE the request of 'Phase 1' only for expansion of the existing surface mining and mineral extraction operation as shown on the development plan and described in the Mining Plan of Operations (Amendment 1), subject to 15 conditions.
1. Phase 2 of the future mining area, located on CLT Map 097, Parcels 071, 072, 073 & 074, shall not be considered for approval by the Planning Commission until the revegetation plan has been completed according to Attachment A (Mine Plan of Operations Revegetation Plan) of the Mining Plan of Operations (Amendment 1). This includes revegetating the external banks of the rock overburden berms along roadways, proposed landscaping at the intersection of E. Governor John Sevier Hwy and Asbury Rd. (see Attachment A), and all landscape screening required by Article 4, Section 4.10.11 (see Exhibit B for screening guideline).
2. Phase 1, 2, & 3 rock overburden berms can be created as part of the Phase 1 mining expansion but shall only be allowed after the required landscape screening of Article 4, Section 4.10.11 is installed. All berms shall be in conformance with the requirements of Article 4, Section 4.50 and the conditions of this use-on-review.
3. No landscape screening required by Article 4, Section 4.10.11 shall be removed unless replaced in-kind or to otherwise meet these screening standards. The placement of the landscape screening and rock berms should take into account any potential utilities and access that may need to be provided around the external boundary of the property so the screening does not need to be disturbed.
4. Meeting the required 100-foot setback for the deposition of overburden or spoil bank (rock berm), or stockpile in the A (Agricultural) zone, and obtaining approval from the Board of Zoning Appeals to reduce this setback for the existing rock berms along E. Governor John Sevier Hwy., Asbury Rd., and Thorn Grove Pike to no less than the existing condition.
5. No new or existing berm shall exceed the building height restrictions of the State of Tennessee Scenic Highway System Act of 1971 (TCA 54-17-115) as measured from E. Governor John Sevier Hwy. Existing berms that exceed this height restriction may remain at the height shown on the ?Plan of Operations Map North? (Drawing Date: 2/14/2018, Revised: 4/20/2018) but cannot be increased in height. TCA 54-17-115 is attached as Exhibit A.
6. No new berm shall exceed 35 feet in height within 500 feet of a residential dwelling that is not owned by the mine owner, with exception of the Phase 1 berm at the corner of Thorn Grove Pike and Burkbrooks Ln. shall be allowed to taper the height from the existing berm so long as the berm does not exceed 35 feet in height within 100 feet of Burkbrooks Ln.
7. Meeting all of the performance standards as contained in Article 4, Section 4.10 and Section 4.50 of the Knox County Zoning Ordinance.
8. Meeting all other applicable requirements of the Knox County Zoning Ordinance.
9. Meeting all requirements of the Knox County Health Department.
10. Meeting all requirements of the Knox County Department of Engineering and Public Works.
11. Meeting all applicable requirements and obtaining all required permits dealing with water and air quality form the appropriate governmental agency.
12. All traffic involved in the sales and distribution of the stone produced on this site will be limited to using the existing driveways on the west side of E. Gov. John Sevier Hwy.
13. Posting of the required bond with Knox County or the State of Tennessee.
14. A revised site plan reflecting the conditions of approval must be submitted to MPC staff prior to issuance of grading permits.
15. Approval of this application by the Knox County Board of Commissioners.

With the conditions noted above, this request meets the requirements for approval in the I (Industrial) & A (Agricultural) zoning districts, as well as other criteria for approval of a use on review.
Disposition Summary
APPROVE the request of 'Phase 1' only for expansion of the existing surface mining and mineral extraction operation as shown on the development plan and described in the Mining Plan of Operations (Amendment 1), subject to 16 conditions (See attached Rep
Details of Action
1. Phase 2 of the future mining area, located on CLT Map 097, Parcels 071, 072, 073 & 074, shall not be considered for approval by the Planning Commission until the revegetation plan has been completed according to Attachment A (Mine Plan of Operations Revegetation Plan) of the Mining Plan of Operations (Amendment 1). This includes revegetating the external banks of the rock overburden berms along roadways, proposed landscaping at the intersection of E. Governor John Sevier Hwy and Asbury Rd. (see Attachment A), and all landscape screening required by Article 4, Section 4.10.11 (see Exhibit B for screening guideline).
2. Phase 1 rock overburden berms can be created as part of the Phase 1 mining expansion but shall only be allowed after the required landscape screening of Article 4, Section 4.10.11 is installed. All berms shall be in conformance with the requirements of Article 4, Section 4.50 and the conditions of this use-on-review.
3. No landscape screening required by Article 4, Section 4.10.11 shall be removed unless replaced in-kind or to otherwise meet these screening standards. The placement of the landscape screening and rock berms should take into account any potential utilities and access that may need to be provided around the external boundary of the property so the screening does not need to be disturbed.
4. Meeting the required 100-foot setback for the deposition of overburden or spoil bank (rock berm), or stockpile in the A (Agricultural) zone, and obtaining approval from the Board of Zoning Appeals to reduce this setback for the existing rock berms along E. Governor John Sevier Hwy., Asbury Rd., and Thorn Grove Pike to no less than the existing condition.
5. No new or existing berm shall exceed the building height restrictions of the State of Tennessee Scenic Highway System Act of 1971 (TCA 54-17-115) as measured from E. Governor John Sevier Hwy. Existing berms that exceed this height restriction may remain at the height shown on the ?Plan of Operations Map North? (Drawing Date: 2/14/2018, Revised: 4/20/2018) but cannot be increased in height. TCA 54-17-115 is attached as Exhibit A.
6. No new berm shall exceed 35 feet in height within 500 feet of a residential dwelling that is not owned by the mine owner, with exception of the Phase 1 berm at the corner of Thorn Grove Pike and Burkbrooks Ln. shall be allowed to taper the height from the existing berm so long as the berm does not exceed 35 feet in height within 100 feet of Burkbrooks Ln.
7. Meeting all of the performance standards as contained in Article 4, Section 4.10 and Section 4.50 of the Knox County Zoning Ordinance.
8. Meeting all other applicable requirements of the Knox County Zoning Ordinance.
9. Meeting all requirements of the Knox County Health Department.
10. Meeting all requirements of the Knox County Department of Engineering and Public Works.
11. Meeting all applicable requirements and obtaining all required permits dealing with water and air quality form the appropriate governmental agency.
12. All traffic involved in the sales and distribution of the stone produced on this site will be limited to using the existing driveways on the west side of E. Gov. John Sevier Hwy.
13. Posting of the required bond with Knox County or the State of Tennessee.
14. A revised site plan reflecting the conditions of approval must be submitted to MPC staff prior to issuance of grading permits.
15. Approval of this application by the Knox County Board of Commissioners.
16. Utilizing native plantings only for the revegetation of the rock berms.

With the conditions noted above, this request meets the requirements for approval in the I (Industrial) & A (Agricultural) zoning districts, as well as other criteria for approval of a use on review.

What's next?

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As a Use On Review case, the Planning Commission's decision is final, and it will not be heard by a legislative body unless it is appealed.
After the Planning Commission
Because of its location in the County, appeals will be heard by Knox County Commission.
Knox County Commission
July 23, 2018
Appeal by: July 14, 2018
August 27, 2018
Appeal by: July 16, 2018

The appeal deadline - July 14, 2018 - has passed.

The Process
Applicant

Blue Water Industries, LLC


Case History

This program aims to increase transit in disadvantaged communities and reduce the impact of climate change. Knoxville-Knox County Planning, in partnership with KAT and the city, will develop a Transit-based Opportunities Map to identify locations for development along key transit corridors that target attainable housing and employment opportunities. Transit-oriented development (TOD) prioritizes efficient, equitable, sustainable development. It also helps reduce poverty and further benefit communities by:

  • Encouraging greater transit use,
  • Reducing automobile use,
  • Maximizing existing infrastructure
  • Reducing emissions, and
  • Providing mixed and low-income housing options.