Use On Review

6-A-23-UR

Approved with Conditions

Approve the request for a metals and plastics reclamation facility with approximately 60,000 sqft of processing area, as presented in the Description of Operations and shown on the development plan, subject to 4 conditions.


See case notes below

Request

Property Info

Case Notes

What's next?

Applicant Request

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Property Information

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Location
2609 ASBURY RD

Southwest side of Asbury Rd, north of North National Dr

Commission District 9


Size
23.32 acres

Place Type Designation
LI (Light Industrial)

Currently on the Property
Agriculture/Forestry/Vacant Land

Growth Plan
Planned Growth Area

Case Notes

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Disposition Summary
Approve the request for a metals and plastics reclamation facility with approximately 60,000 sqft of processing area, as presented in the Description of Operations and shown on the development plan, subject to 4 conditions.
Staff Recommendation
Approve the request for a metals and plastics reclamation facility with approximately 60,000 sqft of processing area, as presented in the Description of Operations and shown on the development plan, subject to 4 conditions.
1) Meeting all applicable requirements of the Knox County Zoning Ordinance, including but not limited to the performance standards for commercial and industrial uses in Article 4.10, Section 1.
2) Meeting all applicable requirements of the Tennessee Department of Environment.
3) Meeting all applicable requirements of the Knox County Department of Public Works and Engineering.
4) Installing all required landscaping, including but not limited to the landscape screening standards in Article 4.10.11. Planning Commission staff must review and approve the landscape plan before issuing building permits.

With the conditions noted, this plan meets the requirements for approval of a metals and plastics reclamation facility in the I (Industrial) zone and the criteria for approval of a use on review.
This proposal is for a metals and plastics reclamation facility on approximately 15.7 acres of the 23.3-acre site.

In April 2023, the Planning Commission ruled in a Similar Use Determination case that a metals and plastics reclamation facility is a Use Permitted on Review in the I (Industrial) zone (4-B-23-OB). The attached Description of Operation has been revised from that presented as part of the Similar Use Determination application. The main difference is that the mechanical equipment is no longer inside a structure. The current proposal is for the reclamation equipment to be located on an unenclosed concrete pad that sits approximately 250 ft from Asbury Road, and is approximately 20 ft higher than the road.

This facility is currently proposed to have a ball mill, which can produce a lot of noise if no sound deadening is installed. This ball mill will have a neoprene liner that will significantly reduce noise levels. The applicant estimates that the worst-case scenario for the noise levels at the nearest property line is 67 decibels (db). The performance standards for noise in Article 4.10.01 establish maximum decibel levels at the property line based on the frequency of the sound. The 67 db complies with the noise levels if the frequency is less than 250 hertz (Hz). The normal speaking vocal range is 60 to 250 Hz. The lower the Hz, the lower the tone (bass).

DEVELOPMENT STANDARDS FOR USES PERMITTED ON REVIEW (ARTICLE 4.10 - SECTION 2).
The Planning Commission, in the exercise of its administrative judgment, shall be guided by adopted plans and policies, including the general plan and the following general standards:

1) THE USE IS CONSISTENT WITH THE ADOPTED PLANS AND POLICIES, INCLUDING THE GENERAL PLAN AND SECTOR PLAN.
A. The site is within the East County Sector Plan, which proposes LI (Light Industrial) uses for the area.
B. General Plan Policy 11.3, Discourage environmental nuisances in the vicinity of residential development, including rundown commercial development, noxious industrial uses, railroad tracks, noise and fumes from heavy traffic volumes, large storage tanks of gas, oil and other flammable materials, smoke, noise, offensive odors, vibrations, dust, or glare from nearby or distant uses. - Three (3) residential properties are on the east side of Asbury Rd within 300 feet of the subject property. There are five (5) residential properties on the east side of Asbury Road that are within close proximity to this site. The closest is approximately 330 ft from the processing site. These properties are zoned I (Industrial) and appear to be used for residential purposes.
C. General Plan Policy 11.9, Locate new industrial development primarily in industrial parks, business parks or other suitably planned settings of ten acres or greater, with locations for technology-based industry less restricted than general or heavy industry. - This site is located in the Forks of the River Industrial Park.

2) THE USE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING ORDINANCE
A. Three (3) residential properties are on the east side of Asbury Rd within 300 feet of the subject property. The properties are zoned I (Industrial) and are not part of a residential subdivision or restricted to residential uses, such as by covenants. In the I (Industrial) zone, uses listed as a Use Permitted on Review shall not be located nearer than 300 feet to a public park, school, church, hospital, sanitarium, residential zone, or subdivided land restricted to residential uses. The 300-ft setback does not apply in this situation.

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 only buildings proposed are two office trailers on the northeast portion of the site, near Asbury Road.
B. Landscape screening is required between Asbury Road and the industrial use and the parking lot per Article 4.10.11.
C. The nearby industrial uses include a trucking terminal, a metal recycling facility, and a concrete plant.

4) THE USE WILL NOT SIGNIFICANTLY INJURE THE VALUE OF ADJACENT PROPERTY.
A. The proposed use is similar in nature to nearby industrial uses.

5) THE USE WILL NOT DRAW ADDITIONAL TRAFFIC THROUGH RESIDENTIAL AREAS.
A. Access to the site is from Asbury Road, a major 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 use.

What's next?

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As a Use On Review case, the Planning Commission's decision is final, and it will not be heard by a legislative body unless it is appealed.

The appeal deadline - July 8, 2023 - has passed.

The Process
Applicant

TomPaul Knoxville, LLC


Case History