Use On Review

7-B-09-UR

Recommended for approval
by the Planning Commission

APPROVE the development plan for a proposed Popeye's restaurant with a drive thru window, subject to 9 conditions:


See case notes below

Details

Request

Property Info

Case Notes

What's next?

Details of Action

+
1. Meeting all applicable requirements of the Knox County Zoning Ordinance.
2. Meeting all applicable requirements of the Knox County Health Department.
3. Revising the development plan to change the designation of the 931.87' contour from "Maximum Ponding Elevation" to "Closed Contour for Sinkhole"
4. Submitting a geotechnical report prepared by a registered engineer to the Knox County Department of Engineering and Public Works to determine soil stability in the area of the proposed restaurant building. The report is subject to review and approval by the County prior to any building permit being issued. Engineered footings will be required for this area.
5. Obtaining approval of a variance from the Knox County Board of Zoning Appeals for locating the proposed building within the closed contour for the sinkhole.
6. Implementation of Traffic Impact Study recommendations subject to approval of the timing of the improvements by the Knox County Department of Engineering and Public Works.
7. Meeting all applicable requirements of the Knox County Department of Engineering and Public Works.
8. Installation of landscaping as shown on the development plan within six months of the issuance of occupancy permit for this project, or posting a bond with the Knox County Department of Engineering and Public Works to cover the improvements.
9. Meeting all applicable requirements and obtaining all required permits from the Tennessee Department of Environment and Conservation for development activity within the sinkhole.

With the conditions noted above, this requests meets the requirements for approval of a restaurant with a drive thru window in the CN zone and other criteria for a use on review.

Applicant Request

+

Property Information

+
Location
513 N Cedar Bluff Rd

West side of N Cedar Bluff Rd., west end of Fox Lonas Rd.

Commission District 5
Census Tract 46.04


Size
0.82 acres

Sector
Northwest County

Land Use Designation? Neighborhood Commercial


Currently on the Property
Vacant commercial building

Growth Plan
Planned Growth Area

Case Notes

+
Staff Recommendation
APPROVE the development plan for a proposed Popeye's restaurant with a drive thru window, subject to the following 9 conditions:
1. Meeting all applicable requirements of the Knox County Zoning Ordinance.
2. Meeting all applicable requirements of the Knox County Health Department.
3. Revising the development plan to change the designation of the 931.87' contour from "Maximum Ponding Elevation" to "Closed Contour for Sinkhole"
4. Submitting a geotechnical report prepared by a registered engineer to the Knox County Department of Engineering and Public Works to determine soil stability in the area of the proposed restaurant building. The report is subject to review and approval by the County prior to any building permit being issued. Engineered footings will be required for this area.
5. Obtaining approval of a variance from the Knox County Board of Zoning Appeals for locating the proposed building within the closed contour for the sinkhole.
6. Implementation of Traffic Impact Study recommendations subject to approval of the timing of the improvements by the Knox County Department of Engineering and Public Works.
7. Meeting all applicable requirements of the Knox County Department of Engineering and Public Works.
8. Installation of landscaping as shown on the development plan within six months of the issuance of occupancy permit for this project, or posting a bond with the Knox County Department of Engineering and Public Works to cover the improvements.
9. Meeting all applicable requirements and obtaining all required permits from the Tennessee Department of Environment and Conservation for development activity within the sinkhole.

With the conditions noted above, this requests meets the requirements for approval of a restaurant with a drive thru window in the CN zone and other criteria for a use on review.
Disposition Summary
APPROVE the development plan for a proposed Popeye's restaurant with a drive thru window, subject to 9 conditions:
Details of Action
1. Meeting all applicable requirements of the Knox County Zoning Ordinance.
2. Meeting all applicable requirements of the Knox County Health Department.
3. Revising the development plan to change the designation of the 931.87' contour from "Maximum Ponding Elevation" to "Closed Contour for Sinkhole"
4. Submitting a geotechnical report prepared by a registered engineer to the Knox County Department of Engineering and Public Works to determine soil stability in the area of the proposed restaurant building. The report is subject to review and approval by the County prior to any building permit being issued. Engineered footings will be required for this area.
5. Obtaining approval of a variance from the Knox County Board of Zoning Appeals for locating the proposed building within the closed contour for the sinkhole.
6. Implementation of Traffic Impact Study recommendations subject to approval of the timing of the improvements by the Knox County Department of Engineering and Public Works.
7. Meeting all applicable requirements of the Knox County Department of Engineering and Public Works.
8. Installation of landscaping as shown on the development plan within six months of the issuance of occupancy permit for this project, or posting a bond with the Knox County Department of Engineering and Public Works to cover the improvements.
9. Meeting all applicable requirements and obtaining all required permits from the Tennessee Department of Environment and Conservation for development activity within the sinkhole.

With the conditions noted above, this requests meets the requirements for approval of a restaurant with a drive thru window in the CN zone and other criteria for a use on review.

What's next?

+
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.

The appeal deadline - September 12, 2009 - has passed.

The Process
Applicant

Cedar Bluff Land Partners, LLC


Case History