Disposition Summary

Approve the proposed drive-through facility for a restaurant, subject to 8 conditions.

---

Staff Recommendation

Approve the proposed drive-through facility for a restaurant, subject to 8 conditions.

---

1. Providing a seating amenity, such as a "Simme-Seat" or a bench at the adjacent north-bound bus stop on N Broadway. This will be installed in coordination with operations staff at KAT (Knoxville Area Transit) and in a manner consistent with the KAT Bus Stop Improvement Plan standards.
2. Replacing the 6 parking spaces shown on the east border of the property with a Class B landscape buffer yard, in addition to the solid fence shown.
3. Providing a 6 to 8-ft tall solid fence along the alley behind 1514 Claiborne Street to buffer residential properties at the northeast corner of the parking lot.
4. Redesigning the building entrance along Edgewood Avenue as a public entrance that is accessible from the Edgewood Avenue sidewalk.
5. Providing an outdoor seating area for patrons at the Edgewood Avenue entrance, which could bring the development proposal into compliance with the C-G-2 (General Commercial) zoning district build-to zone requirements.
6. Meeting all applicable requirements of the City of Knoxville Department of Engineering.
7. Meeting all applicable requirements of the City of Knoxville Zoning Ordinance, including providing at least 4 bicycle parking spaces (Article 11.9).
8. Meeting all applicable requirements of the City of Knoxville Department of Plans Review and Inspections.

With the conditions noted, this plan meets the requirements for approval in the C-G-2 zoning district and the criteria for approval of a special use.

---

This special use request is for a fast-food restaurant chain drive-through facility on a .78-acre parcel at the corner of N Broadway and Edgewood Avenue. The prior use on the property was a bank, with an entrance on Edgewood Avenue and two exits onto N Broadway. The new owner is a restaurant called Cook Out, which advertises "fresh burgers, bbq, hot dogs and shakes." The site plan indicates the provision of 31 parking spaces, in excess of the 19 required, and closes both driveways to N Broadway.

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

THE USE IS CONSISTENT WITH ADOPTED PLANS AND POLICIES, INCLUDING THE GENERAL PLAN AND THE ONE-YEAR PLAN.
1. The One Year Plan and the East City Sector Plan's land use classification for the subject property is MU-SD, EC-3 (Mixed Use-Special District, Broadway). The sector plan describes the history of Broadway's redevelopment after the establishment of the federal highway program in the 1950s. The road's character changed from one that supported mass transit, slower traveling speeds and shallower setbacks to one designed primarily for automobiles, with large parking lots and setbacks, loss of green space and higher traveling speeds. The recommendations in this special district emphasize enhancing the pedestrian experience, fostering more intensive redevelopment to support transit, reducing parking requirements and providing buffers between commercial and adjoining residential properties.
A drive-through facility does not support the intent of the sector plan's land use classification to shift away from auto-oriented design. However, the site plan includes the removal of two driveways accessing N Broadway and their replacement with a new sidewalk. There is a bus stop lacking seating located at the northwest corner of the subject property, where sidewalk improvements will occur. Condition #1 requires the installation of bus stop seating, such as a "Simme-Seat" (shown in Exhibit A), which is a recommended amenity in KAT's (Knoxville Area Transit) Bus Stop Improvement Plan, published in 2021. This addition will further support transit ridership, and the driveway removals and improved sidewalk and will address safe walkability, thereby supporting sector plan recommendations.
The sector plan's residential buffering and parking reduction guidance is supported by Condition #2 to remove 6 parking spaces along the east border of the parcel in order to accommodate a 20-ft Class B landscaping buffer, in addition to the 6-ft wooden fence provided. The removal of 6 parking spaces still leaves 6 spaces in excess of the off-street parking minimum requirement. Further reducing parking to the minimum in order to accommodate better pedestrian circulation within the parking lot and/or additional landscaping is strongly encouraged.
The sector plan is also supported by Condition #3 to add a 6 to 8 ft screening fence along the alley to protect the neighboring residences on Clarieborne Place from the headlights of incoming drive-through traffic.
2. The General Plan's development policy 7.11 and 7.12 promote alternatives to automobile travel and land use patterns and infrastructure that encourage traffic trip reduction. The subject property is located at the border of the Edgewood Park Neighborhood, and is adjacent to the Upper First Creek Greenway Trail leading to Edgewood Park and the North Knoxville Branch Library.
Conditions #4 and #5 to make the Cook Out restaurant entrance on Edgewood Avenue publicly accessible with patio seating will make the restaurant more engaging to foot traffic and cyclists, thereby promoting alternatives to automobile traffic. At least four bicycle parking spaces will be installed, per the Off-Street Parking requirements in Article 11.9 of the zoning ordinance.
3. The locations of Conditions #1-5 are shown in Exhibit B. The image is for general clarificaiton purposes only, and dimensions are not precise.

THE USE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THIS ZONING CODE.
1. The C-G (General Commercial) zoning district is intended to provide a heterogenous mix of retail, personal service, office, and residential uses within and along Knoxville's commercial nodes and corridors. The C-G District is intended to promote mixed-use development in a pedestrian-oriented environment that recalls the City's traditional business districts. Indoor commercial operations should be the primary use, with limited exceptions per special use approval.
2. The subject property's location is along a commercial corridor where there are several established fast-food restaurant drive-throughs. The noted conditions promote the pedestrian experience as well as the interior use of the business as a sit-down or drop-in restaurant. With these conditions, the Cook Out drive-through complies with the intent of the zoning district.

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.
1. The size, location and orientation of the proposed restaurant and drive-through is consistent with the character of neighboring businesses along the N Broadway corridor. The subject property is in the middle of an agglomeration of fast-food drive-throughs with a KFC, Wendy's, McDonald's, and Burger King in close proximity.

THE USE WILL NOT SIGNIFICANTLY INJURE THE VALUE OF ADJACENT PROPERTY OR BY NOISE, LIGHTS, FUMES, ODORS, VIBRATION, TRAFFIC, CONGESTION, OR OTHER IMPACTS THAT DETRACT FROM THE IMMEDIATE ENVIRONMENT.
1. With the noted conditions on landscape buffering, fencing and improved accessibility, the neighboring Edgewood Park residents should not see inordinate negative impacts from the proposed drive-through.

THE USE IS NOT OF A NATURE OR SO LOCATED AS TO DRAW SUBSTANTIAL ADDITIONAL TRAFFIC THROUGH RESIDENTIAL STREETS
1. The ingress and egress for the proposed Cook Out restaurant is on Edgewood Avenue, which is a minor collector street that serves the Edgewood Park neighborhood. This is generally the safest access option, given the property's close proximity to a bus stop on N Broadway, as well as the multiple lanes of traffic that would need to be crossed on N Broadway near a signalized intersection in order to enter or exit while heading south.
2. The driveway location is approximately 200 ft from the Edgewood Avenue intersection with N Broadway. The driveway should not impact the approved Edgewood Avenue Neighborhood Traffic Safety Project to add a Gateway Island east of Bill Williams Avenue for traffic calming purposes, as shown in Exhibit C.
3. A traffic analysis was conducted and it concluded that the queue from the signalized intersection on Edgewood Avenue would block the proposed Cook Out driveway less than 50% of the time during peak PM traffic times. The analysis suggested a "Do Not Block Driveway" sign to address this potential conflict. It is unlikely that a queue stemming from the drive-through would impact traffic on Edgewood, based on the ample number of vehicle spaces provided in the drive-through design.

THE NAUTRE OF THE DEVELOPMENT IN THE SURROUNDING AREA IS NOT SUCH AS TO POSE A POTENTIAL HAZARD TO THE PROPOSED USE OR TO CREATE AN UNDESIREABLE ENVIRONMENT FOR THE PROPOSED USE
1. The property is partially within the FEMA 500-year floodplain along Edgewood Avenue, and this is a reason the applicant cited for the restaurant building being set back 30.5 ft from Edgewood Avenue. This distance exceeds the corner side setback build-to zone maximum of 10 ft. A requested variance from this setback requirement was not granted by the Knoxville Board of Zoning Appeals. Part of the rationale for this denial was tied to the engineered absence of pedestrian access to the building from Edgewood Avenue, which conflicts with the intent of C-G-2 zoning's pedestrian prioritization.
2. Article 2.4.C of the zoning ordinance describes the rules of measurement for build-to dimensions. It indicates how plazas and open space features can be counted towards build-to requirements. The Edgewood Avenue outdoor seating area described in Condition #5 could improve the development's compliance with the build-to zone and percentage standards, without necessitating that the building to be relocated or extended into the floodplain. This approach to meeting the C-G-2 dimensional standards would be subject to review and approval by the City of Knoxville Department of Plans Review and Inspections.