Staff Recommendation

APPROVE the plan for a drive-in/drive-through restaurant at this location as shown on the development plan subject to 10 conditions

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1. Obtaining the needed peripheral boundary setback variance and withdrawing the variance request to permit the proposed canopy to extend into the setback that is scheduled to be heard by the Knoxville Board of Zoning Appeals on May 20, 2010
2. Meeting all parking and signage requirements of the Knoxville Zoning Ordinance
3. Meeting all other applicable requirements of the Knoxville Zoning Ordinance
4. Meeting all applicable requirements of the City of Knoxville Engineering Dept.
5. Construction of the sidewalks as shown on the development plan. All sidewalk construction must be ADA compliant
6. Coordinate maintenance of the sidewalks that are being built on private property with the City of Knoxville either by granting the City an easement or dedicating the sidewalks to the City
7. Installing all of the proposed landscaping shown on the plan prior to the issuance of an occupancy permit for the building
8. Supplying MPC staff with a set of protective covenants as called for in the PC-1 (Retail and Distribution Park) zoning district regulations
9. Connection to sanitary sewer and meeting all other applicable requirements of the Knox County Health Dept.
10. A revised site plan reflecting the conditions of approval must be submitted to MPC for certification prior to obtaining any site development permits or building permits

With the conditions noted, this plan meets the requirements for approval in the PC-1 district and the other criteria for approval of a use on review.

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Disposition Summary

APPROVE the plan for a drive-in/drive-through restaurant at this location as shown on the development plan subject to 10 conditions