Deny the variance to reduce the intersection curb and right-of-way radius from 75 ft to 25 ft at all intersections because the reduced radius would be detrimental to long term maintenance of the public right-of-way, as recommended by Knox County Engineering and Public Works. See the attached Variance form for the applicant's justifications of approval.

Approve the variance to reduce the minimum vertical curve K-value on Road 'D' from 25 to 15 at STA 0+55.57, subject to Concept Plan condition #8.
A. Based on the existing topographic conditions on the site and is requested to allow for internal connectivity for tenants, patrons, and emergency vehicles as well as to make a future connection to the adjacent property. The reduction will allow the road to better follow the shape and slope of the existing site conditions.
B. The topographic conditions on the site are unique and extraordinary and have not been created by any person having interest in the property.
C. To our [applicant's] knowledge, the variance will not be a detriment to public safety, health, or welfare, or be injurious to other properties and improvements in the neighborhood.

Approve the variance to reduce the minimum vertical curve K-value on Road 'D' from 25 to 15 at STA 2+04.24.
A. Based on the existing topographic conditions on the site and is requested to allow for internal connectivity for tenants, patrons, and emergency vehicles as well as to make a future connection to the adjacent property. The reduction will allow the road to better follow the shape and slope of the existing site conditions.
B. The topographic conditions on the site are unique and extraordinary and have not been created by any person having interest in the property.
C. To our [applicant's] knowledge, the variance will not be a detriment to public safety, health, or welfare, or be injurious to other properties and improvements in the neighborhood.

Approve the concept plan subject to 13 staff conditions, with the edit to condition #11 to state: "All future grading permits must be outside either the phase 2 environmental assessment or the areas excepted by the State in the Brownfield Agreement, as demonstrated at the time of application for permitting."

Disposition Summary

Deny the variance to reduce the intersection curb and right-of-way radius from 75 ft to 25 ft at all intersections because the reduced radius would be detrimental to long term maintenance of the public right-of-way, as recommended by Knox County Engineering and Public Works. See the attached Variance form for the applicant's justifications of approval.

Approve the variance to reduce the minimum vertical curve K-value on Road 'D' from 25 to 15 at STA 0+55.57, subject to Concept Plan condition #8.
A. Based on the existing topographic conditions on the site and is requested to allow for internal connectivity for tenants, patrons, and emergency vehicles as well as to make a future connection to the adjacent property. The reduction will allow the road to better follow the shape and slope of the existing site conditions.
B. The topographic conditions on the site are unique and extraordinary and have not been created by any person having interest in the property.
C. To our [applicant's] knowledge, the variance will not be a detriment to public safety, health, or welfare, or be injurious to other properties and improvements in the neighborhood.

Approve the variance to reduce the minimum vertical curve K-value on Road 'D' from 25 to 15 at STA 2+04.24.
A. Based on the existing topographic conditions on the site and is requested to allow for internal connectivity for tenants, patrons, and emergency vehicles as well as to make a future connection to the adjacent property. The reduction will allow the road to better follow the shape and slope of the existing site conditions.
B. The topographic conditions on the site are unique and extraordinary and have not been created by any person having interest in the property.
C. To our [applicant's] knowledge, the variance will not be a detriment to public safety, health, or welfare, or be injurious to other properties and improvements in the neighborhood.

Approve the concept plan subject to 13 staff conditions, with the edit to condition #11 to state: "All future grading permits must be outside either the phase 2 environmental assessment or the areas excepted by the State in the Brownfield Agreement, as demonstrated at the time of application for permitting."

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Details of Action

Deny the variance to reduce the intersection curb and right-of-way radius from 75 ft to 25 ft at all intersections because the reduced radius would be detrimental to long term maintenance of the public right-of-way, as recommended by Knox County Engineering and Public Works. See the attached Variance form for the applicant's justifications of approval.

Approve the variance to reduce the minimum vertical curve K-value on Road 'D' from 25 to 15 at STA 0+55.57, subject to Concept Plan condition #8.
A. Based on the existing topographic conditions on the site and is requested to allow for internal connectivity for tenants, patrons, and emergency vehicles as well as to make a future connection to the adjacent property. The reduction will allow the road to better follow the shape and slope of the existing site conditions.
B. The topographic conditions on the site are unique and extraordinary and have not been created by any person having interest in the property.
C. To our [applicant's] knowledge, the variance will not be a detriment to public safety, health, or welfare, or be injurious to other properties and improvements in the neighborhood.

Approve the variance to reduce the minimum vertical curve K-value on Road 'D' from 25 to 15 at STA 2+04.24.
A. Based on the existing topographic conditions on the site and is requested to allow for internal connectivity for tenants, patrons, and emergency vehicles as well as to make a future connection to the adjacent property. The reduction will allow the road to better follow the shape and slope of the existing site conditions.
B. The topographic conditions on the site are unique and extraordinary and have not been created by any person having interest in the property.
C. To our [applicant's] knowledge, the variance will not be a detriment to public safety, health, or welfare, or be injurious to other properties and improvements in the neighborhood.

Approve the concept plan subject to 13 staff conditions, with the edit to condition #11 to state: "All future grading permits must be outside either the phase 2 environmental assessment or the areas excepted by the State in the Brownfield Agreement, as demonstrated at the time of application for permitting."

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Staff Recommendation

Deny the variance to reduce the intersection curb and right-of-way radius from 75 ft to 25 ft at all intersections because the reduced radius would be detrimental to long term maintenance of the public right-of-way, as recommended by Knox County Engineering and Public Works. See the attached Variance form for the applicant's justifications of approval.

Approve the variance to reduce the minimum vertical curve K-value on Road 'D' from 25 to 15 at STA 0+55.57, subject to Concept Plan condition #8.
A. Based on the existing topographic conditions on the site and is requested to allow for internal connectivity for tenants, patrons, and emergency vehicles as well as to make a future connection to the adjacent property. The reduction will allow the road to better follow the shape and slope of the existing site conditions.
B. The topographic conditions on the site are unique and extraordinary and have not been created by any person having interest in the property.
C. To our [applicant's] knowledge, the variance will not be a detriment to public safety, health, or welfare, or be injurious to other properties and improvements in the neighborhood.

Approve the variance to reduce the minimum vertical curve K-value on Road 'D' from 25 to 15 at STA 2+04.24.
A. Based on the existing topographic conditions on the site and is requested to allow for internal connectivity for tenants, patrons, and emergency vehicles as well as to make a future connection to the adjacent property. The reduction will allow the road to better follow the shape and slope of the existing site conditions.
B. The topographic conditions on the site are unique and extraordinary and have not been created by any person having interest in the property.
C. To our [applicant's] knowledge, the variance will not be a detriment to public safety, health, or welfare, or be injurious to other properties and improvements in the neighborhood.

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Approve the concept plan subject to 13 conditions.

1. Connection to sanitary sewer and meeting other relevant utility provider requirements.
2. Provision of street names consistent with the Uniform Street Naming and Addressing System within Knox County (County Ord. 91-1-102).
3. If during design plan approval or construction of the development, it is discovered that unforeseen off-site improvements within the right-of-way are necessary as caused by the development, the developer will either enter into a memorandum of understanding (MOU) with the County for these improvements or reimburse the County for their direct expenses (if completed by County crews) to make corrections deemed necessary.
4. The portions of Road 'C' and Road 'D' that may be constructed before the subsequent development plan's approval by the Planning Commission referenced in condition #3 of the associated development plan (10-H-25-DP) shall be determined by Knox County Engineering and Public Works during the design plan phase. Temporary turnarounds that meet AASHTO standards may be required.
5. Providing a minimum 75 ft curb and right-of-way radius at all new intersections, excluding the roundabout, unless a reduced radius of no less than 50 ft is approved by Knox County Engineering and Public Works as an alternative design standard during the design plan phase.
6. Implementing the recommendations of the Asheville Highway Property Transportation Impact Analysis (TIS) (Ardurra, 4/28/2025), as revised and approved by Planning Commission staff, Knox County Engineering and Public Works, City of Knoxville Department of Engineering, and the Tennessee Department of Transportation (TDOT). The phasing of the recommended improvements will be determined by the aforementioned departments during the design plan phase.
7. Revisions to the TIS may be required with each subsequent development plan application, or permit application for properties in the CA (General Business) zoning that do not require Planning Commission approval, to update the proposed uses and intensity of uses, and to verify the conclusions and recommendations of the TIS and determine if certain recommended improvements are required with the request. This determination and, if needed, scope, must be made before each application is submitted.
8. If the variance to reduce the vertical curve K-value on Road 'D' at STA 0+55.57 is approved by the Planning Commission, this approval is contingent upon approval by City of Knoxville Department of Engineering and TDOT during the design plan phase based on the design requirements for the westbound right turn lane on Asheville Highway. The K-value may be required to be greater than 15.
9. Obtaining all necessary permits from TDOT and the City of Knoxville Department of Engineering for any work within their right-of-way.
10. Certifying that the minimum sight distance can be obtained at the intersection Road 'D' and Asheville Highway with review and approval by TDOT before rough grading permits are issued for the site. If the required sight distance cannot be obtained, the portion of Road 'C' east of the intersection with Road 'B', all of Road 'D', and the associated rough grading plan must be resubmitted for review and approval by the Planning Commission.
11. (REVISED 10/1/2025) During the design plan phase and before grading permits are issued, a Phase 2 environmental study must be completed by the applicant per the recommendations of the Phase 1 environmental site assessment (ESA) presented in Exhibit D. The Phase 2 study must be submitted to TDEC for review, and the applicant must complete any remediation recommendations by TDEC and Knox County Engineering and Public Works before any permits are issued for the site other than those required to complete the remediation.
12. The rough grading plan attached to the concept plan does not guarantee that the proposed grades will be approved when detailed development plan applications are submitted for Planning Commission approval. The applicant may obtain rough grading permits based on the conditions of this approval and the associated development plan (10-H-25-DP), with the understanding that the Planning Commission may require modifications to the grading based on future approvals. This does not apply to grading associated with the proposed roads, consistent with applicable conditions of approval.
13. The private portion of Road 'A' and all of Road 'E' are not approved with this development plan and application since they are considered driveways and will be considered for approval as part of a future development plan application for the uses they serve.

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************************** REVISION ON 10/1/2025 **************************************************************
Concept plan condition #11 was revised to specify the steps required before grading permits are issued. The condition originally stated the following: "A phase 2 environmental site assessment (ESA) must be completed before land disturbance permits are issued for the site or a development plan application is submitted for specific uses and buildings in the PC (Planned Commercial), whichever comes first."
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This proposal is for a commercial subdivision with 16 lots, new and extended public streets, and a rough grading plan. No specific uses are proposed with this application. Any future uses and/or structures in the PC (Planned Commercial) zoned portion of the site will require a new development plan application for review and approval by the Planning Commission.

MASTER PLAN (3-I-25-DP)
In May 2025, a "master plan" was approved for the site for a mixed-use development that includes a commercial sports complex, athletic training facilities, a recreational vehicle (RV) park, office and commercial uses, and a shared parking facility. The purpose of this master plan was to provide the developer with some level of surety that the general site plan, proposed uses, and intensity of uses are acceptable before creating detailed development plans to be submitted later. A transportation impact study (TIS) was submitted with the master plan, with the conclusions and recommendations attached in Exhibit D.

Master plan conditions of approval:
1) Submitting a concept plan application for extending an existing public road, proposing a new public road, and/or creating 6 or more lots.
- This submittal is consistent with this requirement.
2) Submitting a development plan application(s) for the proposed developments in the PC (Planned Commercial) zoning before land disturbance or building permits are issued.
- This submittal includes a development plan application, however, that is because it is required for any work within the PC zone, including new roads, creation of lots, and grading. This application does not include uses for the property.
3) A rough grading permit may be issued based on this master plan approval. The "approximate conservation area" must remain undisturbed, including the tree line that follows the bend of the river, approximately 150 ft from the riverbank, unless a subsequent development plan application is approved by the Planning Commission that allows this disturbance.
- As part of this submittal, the Planning Commission can approve the rough grading plan to satisfy this condition. Staff recommend that the existing tree line within this 150 ft boundary remain intact until a detailed development plan for specific uses are approved.
4) Revisions to the Asheville Highway Property Transportation Impact Analysis (TIS) may be required with each subsequent development plan application to update the proposed uses and intensity of uses, and to verify the conclusions and recommendations of the TIS and determine if certain recommended improvements are required with the particular request. This determination and, if needed, scope, must be made before each application is submitted.
- A revised TIS was not required with this submittal because no uses are proposed at this time and the road layout is consistent with the master plan. What is now called Road 'C' extends further east than what was proposed in the master plan, but the TIS had already taken this possibility into consideration.

NEW ROADS
The applicant is proposing to extend River Turn Road (Road 'A') to the north, terminating this public road with roundabout at its intersection with Road 'B'. Riverview Crossing Drive (Road 'C'), which parallels Asheville Highway, will be extended to the east. Road 'B' will wrap around the north and east sides of the existing grocery store, making a connection between the roundabout and Road 'C'. Road 'D' is a short access road between Road 'C' and Asheville Highway.

Road 'E' is a private driveway in an access easement extending west from the intersection of Riverview Crossing Drive and River Turn Road, providing access to the future parking lot and adjacent parcels. The portion of Road 'A' northwest of the roundabout is a private driveway to access the future parking lot and sports fields. Staff recommend that the private driveway portion of Road 'A' and all of Road 'E' not be approved with this application because it is more appropriate for them to be reviewed and approved with the uses they are serving.

All roads are proposed with 26 ft of pavement width within a 50-ft right-of-way. Knox County Engineering and Public Works (EPW) recommends denial of the variance request to reduce the minimum curb and right-of-way intersection radius from 75 ft to 25 ft. During the design plan phase, EPW can approve an intersection radius reduction to 50 ft as an alternative design standard if it is determined to be appropriate for the location.

TRANSPORTATION IMPACT STUDY (TIS)
A summary of the recommended road improvements are listed below, with the full recommendations and conclusions of the TIS in Exhibit C. The phasing of improvements will be determined during the design plan phase, the majority of which are in the Asheville Highway right-of-way, which is a TDOT facility and within the City of Knoxville.

Summary of TIS recommendations:
1) Asheville Highway at E Governor John Sevier Highway / River Turn Road
a. Extend the storage length of the existing eastbound left turn lane.
B. Restriping the signalized intersection of River Turn Rd.
C. Signal timing updates.
D. Re-evaluating need for short southbound right turn lane on River Turn Road once commercial uses are known.
2) Ashville Highway at Driveway Connection (Road 'D')
a. Install a westbound right turn lane.
B. Install an eastbound left turn lane in the median.
C. Consideration of separate southbound right and left turn lanes on Road 'D'.
D. Certify sight distance by a land surveyor prior to construction.

HILLSIDE PROTECTION
The slope analysis (attached) recommends a 39-acre land disturbance budget (49.6 percent) for the 78.8 acres in the Hillside Protection (HP) area. The proposed land disturbance is 56.94 acres (72.3 percent) of the HP area. A significant portion of the HP area in the central portion of the site has been previously disturbed and has diminished value for protection. The portions of the site that have remained undisturbed are along or near the riverbank, and along the eastern boundary of the site.

Due to the extent of grading into the undisturbed ridgeline on the eastern portion of the site and the grading plan substantially exceeding the recommended disturbance limits, the staff recommendation is that the area delineated in Exhibit B remain undisturbed until a subsequent development plan application is submitted for review and approval by the Planning Commission that includes reduced disturbance in this area and/or a remediation plan for the cut slopes based on the recommendations of the Hillside and Ridgetop Protection Plan, such as reforestation, or other best management practices deemed appropriate by the Planning Commission.

NOTE: The eastern property boundary on the concept plan is based on research from the applicant's surveyor, which does not match the parcel boundary on KGIS. The analysis above is based on the acreages in the slope analysis, except for the total acreage disturbed in the HP area, which is from the applicant. Because the acreage is similar and slope categories are relatively consistent, it is not anticipated to result in a significant deviation.

ENVIRONMENTAL SITE ASSESSMENT
The applicant submitted the Phase 1 Environmental Site Assessment for the subject property, issued by UES on June 3, 2025. The assessment found that site was previously used as a pre-regulation city landfill prior to the 1950's, and starting in the 1970's, various sitework and construction service facilities as well as a fill and borrow pit. According to sections 8.0 (Findings and Opinions) and 9.0 (Conclusions) of the assessment (see Exhibit D), the limits of the landfill are unknown and the property owner is recommended to enter into the voluntary Brownfield Program with the State of Tennessee to assist with redevelopment of the site and minimizing future liabilities. In addition to the landfill, the assessment found two other Recognized Environmental Conditions (REC) on the site; fill material of unknown origins and historical use as site and construction service facilities. The assessment recommends additional investigations for the subject property.

An REC is the presence or likely presence of hazardous substances or petroleum products on a property due to a release to the environment, indicating a potential environmental liability, according to the U.S. Environmental Protection Agency (EPA) and the ASTM E1527 standard for environmental site assessments.