Alley Closure
7-A-24-AC
Recommendations
See agency comments and recommendations below
Request
Recommendations
Property Info
Case Notes
What's next?
Applicant Request
− +Close Alley
From 600 and 604 North Broadway
North Broadway St (at the northeast corner of parcel 094DN007)
North Broadway St (at the northeast corner of parcel 094DN007)
To 609 N Central & 23 Emory Pl
North Central St (at the northwest corner of parcel 094DN009)
North Central St (at the northwest corner of parcel 094DN009)
Reason for Closure
Owners would like possession of property in order to have the ability to pave alley. City has never maintained and has no interest in future mainenance.
Comments / Recommendations
− +Planning: Closure of this paved and functional public right-of-way in the Emory Place Historic District of downtown Knoxville could inhibit future access to a parking lot at the rear of 604 N Broadway Street, as well as future waste collection services and loading access for numerous buildings that abut the alley. The alley provides a complete connection between N Broadway St and N Central St, though a makeshift gate was installed at both ends in recent years.
Closing the alley conflicts with some of the principles of the adopted Broadway-Central-Emory Place Small Area Plan. The plan states that alleys are one of the most underutilized assets in the area, and should be enhanced and considered for off-street parking in order to retain continuous sidewalks along N Central Street and N Broadway Street. Additionally, the General Plan describes how public investment in alleys and other infrastructure is essential to the vitality of older neighborhoods (p. 32). If the alley is closed, the potential public benefit of this local asset will be lost.
Although the applicant's stated intent is to close the alley in order to repave it, this private investment to improve the alley can occur in coordination with the City while maintaining its public status. If the alley is to be closed, Planning suggests that a condition be applied requiring access easements for each adjoining property so that if businesses should change hands or plans for the alley change, each building has the ability to maintain access for waste management, parking and/or loading purposes, if desired.
TDOT: Properties at 600 and 604 N. Broadway are owned by Johnny Michael Harb and Elizabeth Carol Harb to which the greater portion of the alleyway exists. The parcel that is owned by Break Emory LLC borders N. Central Street. If access of the alley way from N. Broadway to N. Central is allowed purchase by Break Emory LLC (as shown in the attached exhibit), the owners at 600 and 604 N. Broadway will lose access to parking behind their building at 604 N. Broadway. This could contribute to access issues for those trying to reach established business at 600 and 604 N. Broadway thus creating issues on N. Broadway, which is a State Route. Should all property owners desire to purchase and convert the access to a private use facility, TDOT could support with no objection but believe all properties of impact should be consulted and included in the deed for shared access.
City of Knoxville Engineering: City Engineering has no objections to the closure. Should this right-of-way be closed, the City will reserve easements for all drainage facilities and utilities, if there are any current facilities, located in or within five (5) feet of the property described herein. No easements are reserved if there are no current facilities within the closure area. If any existing facilities or utilities are found not feasible to the site development or use, they may be removed and relocated, subject to City Engineering and/or other applicable easement holder review and approval.
KUB: We have reviewed our records and find that we have existing utility facilities located within the subject right-of-way. The approximate locations of these facilities are indicated on the enclosed prints. However, KUB does not release and hereby retains all easements and rights for existing utility facilities, whether or not shown on these prints. Should this right-of-way be closed, KUB will require the following permanent easements for its utility facilities.
Gas - 7.5 feet on each side of the centerline of the gas line, 15 feet total width
Wastewater - 7.5 feet on each side of the centerline of the wastewater line, 15 feet total width
Addressing: The proposed ROW closure is not expected to impact any existing addresses.
Fire Department: Approved to close alley.
AT&T: No comment.
Closing the alley conflicts with some of the principles of the adopted Broadway-Central-Emory Place Small Area Plan. The plan states that alleys are one of the most underutilized assets in the area, and should be enhanced and considered for off-street parking in order to retain continuous sidewalks along N Central Street and N Broadway Street. Additionally, the General Plan describes how public investment in alleys and other infrastructure is essential to the vitality of older neighborhoods (p. 32). If the alley is closed, the potential public benefit of this local asset will be lost.
Although the applicant's stated intent is to close the alley in order to repave it, this private investment to improve the alley can occur in coordination with the City while maintaining its public status. If the alley is to be closed, Planning suggests that a condition be applied requiring access easements for each adjoining property so that if businesses should change hands or plans for the alley change, each building has the ability to maintain access for waste management, parking and/or loading purposes, if desired.
TDOT: Properties at 600 and 604 N. Broadway are owned by Johnny Michael Harb and Elizabeth Carol Harb to which the greater portion of the alleyway exists. The parcel that is owned by Break Emory LLC borders N. Central Street. If access of the alley way from N. Broadway to N. Central is allowed purchase by Break Emory LLC (as shown in the attached exhibit), the owners at 600 and 604 N. Broadway will lose access to parking behind their building at 604 N. Broadway. This could contribute to access issues for those trying to reach established business at 600 and 604 N. Broadway thus creating issues on N. Broadway, which is a State Route. Should all property owners desire to purchase and convert the access to a private use facility, TDOT could support with no objection but believe all properties of impact should be consulted and included in the deed for shared access.
City of Knoxville Engineering: City Engineering has no objections to the closure. Should this right-of-way be closed, the City will reserve easements for all drainage facilities and utilities, if there are any current facilities, located in or within five (5) feet of the property described herein. No easements are reserved if there are no current facilities within the closure area. If any existing facilities or utilities are found not feasible to the site development or use, they may be removed and relocated, subject to City Engineering and/or other applicable easement holder review and approval.
KUB: We have reviewed our records and find that we have existing utility facilities located within the subject right-of-way. The approximate locations of these facilities are indicated on the enclosed prints. However, KUB does not release and hereby retains all easements and rights for existing utility facilities, whether or not shown on these prints. Should this right-of-way be closed, KUB will require the following permanent easements for its utility facilities.
Gas - 7.5 feet on each side of the centerline of the gas line, 15 feet total width
Wastewater - 7.5 feet on each side of the centerline of the wastewater line, 15 feet total width
Addressing: The proposed ROW closure is not expected to impact any existing addresses.
Fire Department: Approved to close alley.
AT&T: No comment.
Property Information
− +Location
Planning Sector
Growth Plan
0 Unnamed Alley
Council District 6
Planning Sector
Central City
Growth Plan
N/A (Within City Limits)
What's next?
− +After the Planning Commission
- Appeal to Because of its location in the CITY, appeals will be heard by Knoxville City Council
- Appeal by The appeal deadline has passed
Applicant
John Valliant
Case History
- January 11, 2024
by the Planning Commission
- May 30, 2024
Date Filed
- July 1, 2024
by the Planning Commission