Approve the request for the restaurant with approximately 3,100 sqft of gross floor area and 6,700 sqft of outdoor use area, as shown on the development plan, subject to 7 conditions, and the additional condition that operating hours and hours of amplified sound be limited to 11:00AM to 10:00PM.

Disposition Summary

Approve the request for the restaurant with approximately 3,100 sqft of gross floor area and 6,700 sqft of outdoor use area, as shown on the development plan, subject to 7 conditions, and the additional condition that operating hours and hours of amplified sound be limited to 11:00AM to 10:00PM.

---

Details of Action

Approve the request for the restaurant with approximately 3,100 sqft of gross floor area and 6,700 sqft of outdoor use area, as shown on the development plan, subject to 7 conditions, and the additional condition that operating hours and hours of amplified sound be limited to 11:00AM to 10:00PM.

---

Staff Recommendation

APPROVE the request for the restaurant with approximately 3,100 sqft of gross floor area and 6,700 sqft of outdoor use area, as shown on the development plan, subject to 7 conditions.

---

1) Meeting all requirements of the CN (Neighborhood Commercial) zone and all other applicable requirements of the Knox County Zoning Ordinance, including but not limited to the sign regulations for the CN zone (Article 3.90. - Signs, billboards, and other advertising structures), noise (Article 4.10.01), and off-street parking (Article 3.50).
2) All site light fixtures shall be full cut off and installed with the light source perpendicular to the support
structure or otherwise parallel to the ground. This does not apply to architectural and landscape accent lighting.
3) The existing, mature evergreen trees along the southeast and southwest lot lines and on the subject property may be retained and counted towards the minimum landscape screening requirement for the zone district. Emphasis should be placed on retaining trees that provide screening to adjacent residential structures. The landscaping plan must be reviewed and approved by Planning staff before grading and building permits are issued for this site.
4) The hours of operation shall be as presented in the "Project Use" on the plan sheet A010, and provided in the staff comments below.
5) Meeting all applicable requirements of First Utility District regarding work performed within the platted utility easement, including the planting of required landscape screening.
6) Meeting all applicable requirements of Knox County Engineering and Public Works, including but not limited to meeting the requirements of the sidewalk ordinance (Chapter 54, Article IV of the Knox County Code).
7) 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.

With the conditions noted, this plan meets the requirements for approval in the CN district and the criteria for approval of a use on review.

---

This proposal is for a 2-story restaurant with approximately 3,100 sq ft of gross floor area (conditioned space), and approximately 6,700 sqft of outdoor use area (patio, pavers, deck, and amenities) located between the building and Choto Road. The outdoor use area includes seating, a bar, one pickleball court, two bocce ball courts, and a video screen.

In 2020, the property was rezoned from A (Agricultural) to CN (Neighborhood Commercial), which allows restaurants as a "use permitted on review" (10-D-20-RZ). The CN zone limits individual businesses to a maximum floor area of 5,000 sqft. The uncovered amenity area is not subject to the maximum floor area limitation.

The CN zone has specific building setback and landscape standards when adjacent to residential and agricultural zones, which apply to the southwest and southeast property lines. The existing trees along the southeast property line can remain and count toward the required landscape screening. Additional landscaping is required between the parking lot and road frontages, along 50 percent of the building's foundation, and in the parking lot.

PROJECT USE (see plan sheet A010)
1) Hours of usage (restaurant): Monday-Sunday, 11:00 AM - 11:00 PM.
2) Hours of usage for recreation court: 11:00 AM - 6:00 PM (during daylight, no night time illumination).
3) There is to be amplified sound.
4) No additional special lighting other than normal illuminated building façade lights and illuminated signage. - NOTE: The CN zone does not permit internally illuminated signs, but does allow external illumination.

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. A sidewalk will be installed along the S. Northshore Drive frontage, connecting to the existing sidewalk along Choto Road, and a pedestrian connection will be provided from the internal sidewalks to the public sidewalk.
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. Restaurants are listed as a use permitted on review in the CN zone, which requires Planning Commission approval per Article 6.50 (Procedure for authorizing uses permitted on review).
C. The CN zone permits individual commercial establishments that are no more than 5,000 sqft, and no building footprint can exceed 5,000 sqft. The restaurant's indoor (conditioned) gross floor area is 3,100 sqft.
D. The CN zone has landscaping standards for parking areas and side and rear yards. The required landscape yards are provided, and the detailed landscape plan will be reviewed and approved by staff before grading and building permits are issued.
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 include a detailed site lighting plan, but do show the general location of the site lighting. Staff recommends that all site lighting fixtures be full cut off and installed with the light source perpendicular to the ground.

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 two-story height and setbacks from the southwest and southeast property lines are compatible with the area.
B. 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 outdoor use area could have noise that is a nuisance to nearby residential uses.
B. The building's location between the outdoor use area and the residential neighborhood to the southeast, and the recommended conditions of approval, will help mitigate impacts on adjacent properties.

5) THE USE WILL NOT DRAW ADDITIONAL TRAFFIC THROUGH RESIDENTIAL AREAS.
A. The development has access to Choto Road, which is a minor collector street.

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.