Use On Review

6-B-24-UR

Approved with conditions
by the Planning Commission

Approve the requested fuel station, restaurant, and drive-through facility uses, subject to all conditions listed in the staff report to ensure the proposed use is consistent with development standards for uses permitted on review, with the following re


See case notes below

Details

Request

Property Info

Case Notes

What's next?

Details of Action

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Approve the requested fuel station, restaurant, and drive-through facility uses, subject to all conditions listed in the staff report to ensure the proposed use is consistent with development standards for uses permitted on review, with the following revisions: Condition #6 shall be removed, condition #10 shall be modified to reflect the drive-through facility shall be closed between 10:00 p.m. and 5:00 a.m., and an additional condition shall be added to require a preliminary archaeological survey which could include ground-penetrating radar, review of relevant archives, and other physical investigation prior to disturbance.

Applicant Request

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Property Information

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Location
1025 CONCORD RD

Northeast side of Concord Rd, north side of Second Dr

Commission District 5


Size
4.69 acres


Currently on the Property
Agriculture/Forestry/Vacant Land

Growth Plan
Farragut Urban Growth Boundary

Case Notes

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Staff Recommendation
Approve the requested fuel station, restaurant, and drive-through facility uses, subject to 14 conditions to ensure the proposed use is consistent with development standards for uses permitted on review.
1) Provide a firewall between the retail convenience store and the restaurant so each use is contained within a separate building per the building code.
2) There shall be no more than four (4) gas pumps (dispensers) with no more than two (2) points of sale per gas pump.
3) Before grading permits are issued, a revised landscape plan must be submitted to and approved by Planning staff and tree protection fencing must be installed as proposed on the landscape plan (sheet L101). The revised landscape plan must include the following:
(a) Additional evergreen trees along the eastern portion of the Second Drive frontage to screen the business and site lighting from the residential uses on the south side of Second Drive.
(b) The healthy, mature trees to be retained along the east property line must be located and labeled on the landscape plan, including their size (diameter at breast height) and species.
(c) A landscape architect must provide written documentation explaining how the existing trees and new vegetation meet the intent of the CN zone's landscape screening requirement.
(d) Additional information may be required by Planning and Knox County Engineering and Public Works staff to confirm compliance with these conditions.
4) Implementing the recommendations of the EZ Stop Concord Road Transportation Impact Study (TIS) by Cannon & Cannon, 5/23/2024, as required by Knox County Engineering and Public Works, Town of Farragut, and Tennessee Department of Transportation (TDOT) (see Exhibit B). The improvements required to be implemented will be determined during permitting. A Memorandum of Understanding with Knox County Engineering and Public Works may be required for the work within Knox County right-of-way, per Chapter 54, Article V of the Knox County Code (Ord. O-23-4-102).
5) The widening of Second Drive east of the driveway shall be tapered to the existing condition as close to the proposed driveway as possible, with review and approval by Knox County Engineering and Public Works during permitting.
6) The exit onto Second Drive shall be restricted to right turns only using a curbed island. This condition does not restrict the entry turn movements from Second Drive.
7) Obtaining all necessary permits from the Town of Farragut and TDOT.
8) Installing a sidewalk on Second Drive and the on-site sidewalks to the business entrances from the Second Drive and Concord Road sidewalks.
9) All site lighting that is pole or building mounted shall have a maximum height of 15 ft from the finished grade, excluding the lighting installed on the underside of the gas pump canopy. All light fixtures shall be full cut off and installed with the light source perpendicular to the support structure or otherwise parallel to the ground if mounted to the underside of a roof or canopy.
10) The drive-through facility shall be closed between 10:00 p.m. and 6:00 a.m. This does not otherwise apply to the proposed restaurant's operating hours.
11) The drive-through outdoor speaker(s) shall meet the following operational standards:
(a) Specified to have a sound output of 75 (seventy-five) decibels (dB) or less. Speaker specifications are to be submitted with site plans demonstrating the speaker output.
(b) Located to allow vehicles to pull up parallel to and within 2 ft of the speaker box.
(c) Utilize automatic volume control (AVC) technology to reduce sound output related to ambient noise. Drive-through speaker specifications shall be submitted with site plans demonstrating compliance.
(d) Demonstrate that anticipated noise levels shall not register more than 65 dB at the property line in common with a residential land use or zone. Noise reduction methods should be utilized to achieve this sound level if it cannot be achieved without mitigation efforts.
12) Meeting all applicable requirements of Knox County Engineering and Public Works.
13) Meeting the requirements of the Knox County Zoning Ordinance, including but not limited to the standards of the CN (Neighborhood Commercial) zone (Article 5.38) and Signs, billboards, and other advertising structures (Article 3.90).
14) Obtaining all necessary permits from the Tennessee Department of Environment and Conservation.
Disposition Summary
Approve the requested fuel station, restaurant, and drive-through facility uses, subject to all conditions listed in the staff report to ensure the proposed use is consistent with development standards for uses permitted on review, with the following re
Details of Action
Approve the requested fuel station, restaurant, and drive-through facility uses, subject to all conditions listed in the staff report to ensure the proposed use is consistent with development standards for uses permitted on review, with the following revisions: Condition #6 shall be removed, condition #10 shall be modified to reflect the drive-through facility shall be closed between 10:00 p.m. and 5:00 a.m., and an additional condition shall be added to require a preliminary archaeological survey which could include ground-penetrating radar, review of relevant archives, and other physical investigation prior to disturbance.

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 Process
Applicant

Tommy Hunt


Case History