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Staff Recommendation

Approve the request for a drive-through restaurant in the C-G-2 (General Commercial) zoning district, subject to 3 conditions.

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1. Meeting all applicable requirements of the City of Knoxville Zoning Ordinance, including, but not limited to, providing the required foundation landscaping per Article 12.7 or obtaining approval for an Alternative Landscape Design.
2. Meeting all applicable requirements of the City of Knoxville Department of Plans Review and Inspections
3. Meeting all applicable requirements of the City of Knoxville Department of Engineering.

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The applicant proposes the development of a drive-through restaurant featuring a walk-up window, with no indoor seating proposed as part of the project.

STANDARDS FOR EVALUATING A SPECIAL USE (ARTICLE 16.2.F.2)

1) THE USE IS CONSISTENT WITH ADOPTED PLANS AND POLICIES, INCLUDING THE GENERAL PLAN AND THE ONE-YEAR PLAN.
A. The subject parcel, which has been vacant for almost 20 years, includes remnants of a parking lot from its former commercial use. Redeveloping this parcel is consistent with the General Plan's Development Policy 8.10, which encourages redevelopment of obsolete commercial strip space by providing incentives for "infill" rather than greenfield development.
B. A. The MU-SD SC-4 (Mixed Use Special District, Chapman Highway District - Downtown to Martin Mill Pike) land use classification of the South City Sector Plan and the One Year Plan recommends higher intensity mixed use development and describes a long-term vision to introduce zoning districts that include design guidelines for building forms. The proposed use is consistent with other existing uses within this classification and the proposal conforms to the design standards of the C-G-2 district.
C. The Chapman Highway Corridor Study (2006) recommends that new landscaping should be provided with each development, including street trees and landscaped front yards to provide shade and visual relief (p.40). Although parking lot perimeter landscape yard is not required for this proposal since the parking lot is below the minimum threshold of this requirement (per Article 12.5), the applicant is proposing some landscaping along the Chapman Highway frontage.

2) THE USE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THIS ZONING CODE.
A. The C-G-2 district is intended to provide for a heterogeneous mix of retail, personal service, office, and residential uses within and along Knoxville's commercial nodes and corridors in a pedestrian-oriented environment. The drive-through restaurant that includes sidewalk access from Chapman Highway is consistent with the intent of the zoning ordinance.
B. The Board of Zoning Appeal has approved four variances for this development, which are related to front and corner side setbacks (BZA-25-0002). The applicant is intending to pursue an Alternative Landscape Design in lieu of providing foundation landscape in front of the structure. One of the criteria for approving an Alternative Landscape Design is that the proposed alternative will, upon maturity, provide landscaping that is equal to or better than the standard requirements. The proposed site plan and building elevations conform to other requirements of the zoning ordinance.
C. This property is exempt from the HP Overlay regulations per Article 8.9.B as it was previously disturbed.

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 proposed use would be consistent with the character of this segment of the Chapman Highway corridor, which includes several auto-oriented businesses, including a few drive-through restaurants.
B. The proposed one-story structure would be compatible in size and scale with the adjacent commercial uses.

4) THE USE WILL NOT SIGNIFICANTLY INJURE THE VALUE OF ADJACENT PROPERTY OR BY NOISE, LIGHTS, FUMES, ODORS, VIBRATION, TRAFFIC, CONGESTION, OR OTHER IMPACTS DETRACT FROM THE IMMEDIATE ENVIRONMENT.
A. The proposed use should have little impact on the adjacent properties as this area already contains a myriad of commercial uses.
B. The multifamily dwellings on the east side of Martin Mill Pike are located on a higher elevation. The existing and proposed trees along the street would provide a visual buffer for the residential development.

5) THE USE IS NOT OF A NATURE OR SO LOCATED AS TO DRAW SUBSTANTIAL ADDITIONAL TRAFFIC THROUGH RESIDENTIAL STREETS.
A. The development will not draw traffic through residential streets. The primary access will be via Chapman Highway, a major arterial street, which requires approval by the Tennessee Department of Transportation.

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 immediately surrounding the subject property that would pose a potential hazard or undesirable environment for the proposed use.