Disposition Summary

Approve the requested fuel station with up to 5 gas pumps (10 fueling stations), a restaurant inside the convenience store, as shown on plan sheet P101, and a drive-through facility, subject to 11 conditions.

---

Staff Recommendation

Approve the requested fuel station with up to 5 gas pumps (10 fueling stations), a restaurant inside the convenience store, as shown on plan sheet P101, and a drive-through facility, subject to 11 conditions.

---

1) Connection to the sanitary sewer and meeting any other relevant requirements of the utility provider.
2) Meeting all applicable requirements of the Knox County Zoning Ordinance, including but not limited to signage, landscaping, lighting, and the drive-through facility.
3) All site lighting shall utilize full-cutoff fixtures that are shielded and downlit from neighboring residential properties.
4) Implementing the recommendations of the Shipetown Square Transportation Impact Study (Fulghum MacIndoe, Revised 2/22/2021), as required by Knox County Engineering and Public Works during the permitting phase (see Exhibit B), excluding improvements that were recently completed by the Tennessee Department of Transportation at the Rutledge Pike and Shipetown Road intersection.
5) Installation of a sidewalk along the entire Shipetown Road frontage and a pedestrian connection from this sidewalk to the site, with final design to be reviewed and approved by Knox County Engineering and Public Works during permitting.
6) Constructing the Rutledge Pike driveway to accommodate a crosswalk if sidewalks are installed along this frontage in the future, consistent with the recommendations of the CMU (Corridor Mixed-Use) place type.
7) Installation of all landscaping as shown on the development plan within six months of the issuance of an occupancy permit, or posting a bond with the Knox County Department of Engineering and Public Works to guarantee such installation.
8) Meeting all applicable requirements of the Knox County Department of Engineering and Public Works.
9) Obtaining all necessary permits from the Tennessee Department of Transportation.
10) 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.
11) The drive-through facility operating hours shall not be later than 10 pm or earlier than 6 am, as proposed in the Drive Through Notes on plan sheet C1.



With the noted conditions, this plan meets the requirements for approval of a restaurant, drive-through facility, and fueling service station in the CN (Neighborhood Commercial) zone, and the criteria for approval of a use on review.

---

This development includes three uses that require Use on Review approval by the Planning Commission: a fueling service station, a restaurant, and a drive-through facility. The Planning Commission approved this request in March 2021 (3-D-21-UR), but that approval is no longer vested. This request must meet all current zoning and site development standards and recommendations of adopted plans. This 1.83-acre property was rezoned from A (Agricultural) to CN (Neighborhood Commercial) in June 2014 (5-A-14-RZ).

This proposal includes a 4,088 SF convenience market with 5 gas pumps (10 fuel dispensers) and a restaurant with a drive-through window, located at the intersection of Rutledge Pike and Shipetown Road. There is also approximately 3,340 SF of retail shops located behind the rear of the lot. There are two proposed driveways for the development: a right-in/right-out driveway on Rutledge Pike and a full-access driveway on Shipetown Road.

The Shipetown Square Transportation Impact Study (Fulghum MacIndoe, Revised 2/22/2021) was prepared to address the impact of the proposed development on Rutledge Pike and Shipetown Road (see Exhibit B). The driveway design recommendations were incorporated into the site design. There were no recommended improvements to the external street system. The Tennessee Department of Transportation (TDOT) and Knox County recently completed improvements to the Rutledge Pike and Shipetown Road intersection. The intersection improvements include signalization and turn lanes, as outlined in the TIS.

DEVELOPMENT PLAN ANALYSIS PER ARTICLE 6, SECTION 6.50.06 (APPROVAL OR DENIAL)
In the exercise of its administrative judgment, the Planning Commission shall determine if the proposed plan is in harmony with the general purpose and intent of the zoning ordinance and adopted plans.

1) THE PROPOSED USE IS CONSISTENT WITH THE ADOPTED PLANS AND POLICIES, INCLUDING THE COMPREHENSIVE PLAN OF KNOX COUNTY.
A. The property is designated the CMU (Corridor Mixed-Use) place type on the Future Land Use Map. These areas are appropriate for moderate-scale, walkable, mixed-use development along major corridors and shall provide connectivity to nearby neighborhoods. The place type's form attributes recommend buildings of 2-5 stories, with variable setbacks depending on location and street classification.
B. Staff recommends installing a sidewalk along the full length of the Shipetown Road frontage to provide pedestrian access to the existing and future residential uses to the southeast, and a pedestrian connection from the public sidewalk to the site.
C. Commercial uses are considered a primary use in the CMU place type. With the proposed conditions, the proposal is consistent with the place types' intent and recommended form attributes.
D. The proposed landscape screening and recommended site lighting and sidewalks are consistent with the Comprehensive Plan's Implementation Policies 2, 4, and 13, to ensure development is sensitive to existing community character, the creation of neighborhood service nodes, and provides alternative transportation options.
E. The proposed development is also compatible with the subject property's location in the Planned Growth Area of the Growth Policy Plan, which ito encourage a reasonably compact pattern of development, promote expansion of the Knox County economy, offer a wide range of housing choices, and coordinate the action of the public and private sectors, particularly with regard to provision of adequate roads, utilities, schools, drainage and other public facilities and services.

2) THE USE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING ORDINANCE.
A. The CN (Neighborhood Commercial) zone is intended to provide the opportunity to locate limited retail and service uses in a manner convenient to and yet not disruptive to established residential neighborhoods. The CN's development standards maximize compatibility between commercial uses and adjacent residential uses.
B. The fuel station, restaurant, and drive-through facility are uses permitted on review in the CN zone. The zoning code does not have specific standards for fuel stations or restaurants in the CN zone, but it does include supplemental regulations for drive-through facilities (Article 4.108). The drive-through facility meets subsection A of the drive-through standards. If it is determined during permitting that the standards in subsection B apply, the revisions necessary to meet those standards can be accommodated without significant modifications to the site plan.
C. The CN zone permits individual buildings or commercial establishments that are no more than 5,000 sqft. The convenience store/restaurant is approximately 4,088 sqft, and the retail shop building is approximately 3,340 sqft.
D. The CN zone has landscaping standards for parking areas and side and rear yards. The proposed landscape plan meets the CN zone standards.
E. The CN zone requires that site lighting be directed away from residential and agricultural zones and any public right-of-way. The attached plans do not show the site lighting, but it must be provided and approved during permit review. This includes the recommended site lighting condition, if approved by the Planning Commission.

3) THE USE IS COMPATIBLE WITH THE CHARACTER OF THE NEIGHBORHOOD WHERE IT IS PROPOSED, AND WITH THE SIZE AND LOCATION OF BUILDINGS IN THE VICINITY.
A. The one-story building height and setback from the southeast property line are compatible with the area.
B. There are one-story retail establishments to the northeast and southwest.
C. The landscape screening required by the CN zone buffers the proposed use from the residential uses to the south.

4) THE USE WILL NOT SIGNIFICANTLY INJURE THE VALUE OF ADJACENT PROPERTY.
A. The fuel station could have noise, lights, fumes, or odors that are a nuisance to nearby residential uses.
B. The retail shops are located near the southeast, which should help buffer the fuel station from the residential area, as well as the required landscape screening. The fuel station will also be at a lower elevation, which will help reduce the potential for the lighting to be a nuisance to the nearby residential uses.

5) THE USE WILL NOT DRAW ADDITIONAL TRAFFIC THROUGH RESIDENTIAL AREAS.
A. The development has access to Rutledge Pike, which is a major arterial street. Shipetown Road is classified as a local road, but provides access to the new signalized intersection at Rutledge Pike.

6) THE NATURE OF DEVELOPMENT IN THE SURROUNDING AREA IS NOT SUCH AS TO POSE A POTENTIAL HAZARD TO THE PROPOSED USE OR TO CREATE AN UNDESIRABLE ENVIRONMENT FOR THE PROPOSED USE.
A. There are no known uses in the area that could be a potential hazard or create an undesirable environment for the proposed uses within the development.