Use On Review

8-B-08-UR

Recommended for approval
by the Planning Commission

APPROVE the request for a retail establishment containing up to 79,599 square feet of floor space and the accompanying parking as shown on the development plan subject to 14 conditions


See case notes below

Details

Request

Property Info

Case Notes

What's next?

Details of Action

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1. City Council approval of the rezoning of this site to PC-1 (Retail and Distribution Park) zoning district
2. Obtaining the proposed variances for parking, building setback and driveway width from the Knoxville Board of Zoning Appeals
3. Supplying MPC staff with a set of protective covenants as called for in the PC-1 (Retail and Distribution Park) zoning district regulations
4. In addition to the sidewalks shown on the development plan, provide a 5 foot sidewalk that will connect from the proposed stairs from Knox Rd. back to the sidewalk that leads to the bus stop. Provide a 5' wide sidewalk from the proposed stairs southward along the entire Knox Rd. frontage. All sidewalk construction must be ADA compliant.
5. Coordinate maintenance of the sidewalks with the City of Knoxville either by granting the City an easement or dedicating the sidewalks to the City.
6. Constructing the pad and providing the shelter in the event that KAT is successful in obtaining an easement for a bus stop on the First Tennessee Bank property or construct it in another location along Knox Rd. at the direction of KAT.
7. Provision of space for bicycle racks at the front of the store. The bicycle racks may be obtained from the Knoxville TPO
8. As a supplement to the landscaping plan provide a drawing detailing required tree protection measures
9. Installing all of the proposed landscaping shown on the plan prior to the issuance of an occupancy permit for the building
10. Meeting all applicable requirements of the Knoxville Engineering Dept.
11. Meeting all applicable requirements and obtaining all required permits from the Tenn. Dept. of Transportation (TDOT) and the Tenn. Dept. of Environment and Conservation
12. Meeting all other applicable requirements of the Knoxville Zoning Ordinance
13. A revised site plan reflecting the conditions of approval must be submitted to MPC staff for review and certification prior to obtaining any grading or building permits
14. Prior to obtaining a building permit, submit for review and approval by MPC staff a lighting plan that directs all lighting down and away from the adjoining residential neighborhoods

Applicant Request

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Property Information

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Location
5201 N Broadway

Southwest side of N. Broadway, north side of Knox Rd.

Council District 5
Census Tract 41


Size
7.66 acres

Sector
North City

Land Use Designation? GC


Currently on the Property
Vacant commercial building

Growth Plan
Urban Growth Area

Case Notes

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Staff Recommendation
APPROVE the request for a retail establishment containing up to 79,599 square feet of floor space and the accompanying parking as shown on the development plan subject to 14 conditions
1. City Council approval of the rezoning of this site to PC-1 (Retail and Distribution Park) zoning district
2. Obtaining the proposed variances for parking, building setback and driveway width from the Knoxville Board of Zoning Appeals
3. Supplying MPC staff with a set of protective covenants as called for in the PC-1 (Retail and Distribution Park) zoning district regulations
4. In addition to the sidewalks shown on the development plan, provide a 5 foot sidewalk that will connect from the proposed stairs from Knox Rd. back to the sidewalk that leads to the bus stop. Provide a 5' wide sidewalk from the proposed stairs southward along the entire Knox Rd. frontage. All sidewalk construction must be ADA compliant.
5. Coordinate maintenance of the sidewalks with the City of Knoxville either by granting the City an easement or dedicating the sidewalks to the City.
6. Constructing the pad and providing the shelter in the event that KAT is successful in obtaining an easement for a bus stop on the First Tennessee Bank property or construct it in another location along Knox Rd. at the direction of KAT.
7. Provision of space for bicycle racks at the front of the store. The bicycle racks may be obtained from the Knoxville TPO
8. As a supplement to the landscaping plan provide a drawing detailing required tree protection measures
9. Installing all of the proposed landscaping shown on the plan prior to the issuance of an occupancy permit for the building
10. Meeting all applicable requirements of the Knoxville Engineering Dept.
11. Meeting all applicable requirements and obtaining all required permits from the Tenn. Dept. of Transportation (TDOT) and the Tenn. Dept. of Environment and Conservation
12. Meeting all other applicable requirements of the Knoxville Zoning Ordinance
13. A revised site plan reflecting the conditions of approval must be submitted to MPC staff for review and certification prior to obtaining any grading or building permits
14. Prior to obtaining a building permit, submit for review and approval by MPC staff a lighting plan that directs all lighting down and away from the adjoining residential neighborhoods
Disposition Summary
APPROVE the request for a retail establishment containing up to 79,599 square feet of floor space and the accompanying parking as shown on the development plan subject to 14 conditions
Details of Action
1. City Council approval of the rezoning of this site to PC-1 (Retail and Distribution Park) zoning district
2. Obtaining the proposed variances for parking, building setback and driveway width from the Knoxville Board of Zoning Appeals
3. Supplying MPC staff with a set of protective covenants as called for in the PC-1 (Retail and Distribution Park) zoning district regulations
4. In addition to the sidewalks shown on the development plan, provide a 5 foot sidewalk that will connect from the proposed stairs from Knox Rd. back to the sidewalk that leads to the bus stop. Provide a 5' wide sidewalk from the proposed stairs southward along the entire Knox Rd. frontage. All sidewalk construction must be ADA compliant.
5. Coordinate maintenance of the sidewalks with the City of Knoxville either by granting the City an easement or dedicating the sidewalks to the City.
6. Constructing the pad and providing the shelter in the event that KAT is successful in obtaining an easement for a bus stop on the First Tennessee Bank property or construct it in another location along Knox Rd. at the direction of KAT.
7. Provision of space for bicycle racks at the front of the store. The bicycle racks may be obtained from the Knoxville TPO
8. As a supplement to the landscaping plan provide a drawing detailing required tree protection measures
9. Installing all of the proposed landscaping shown on the plan prior to the issuance of an occupancy permit for the building
10. Meeting all applicable requirements of the Knoxville Engineering Dept.
11. Meeting all applicable requirements and obtaining all required permits from the Tenn. Dept. of Transportation (TDOT) and the Tenn. Dept. of Environment and Conservation
12. Meeting all other applicable requirements of the Knoxville Zoning Ordinance
13. A revised site plan reflecting the conditions of approval must be submitted to MPC staff for review and certification prior to obtaining any grading or building permits
14. Prior to obtaining a building permit, submit for review and approval by MPC staff a lighting plan that directs all lighting down and away from the adjoining residential neighborhoods

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.
After the Planning Commission
Because of its location in the City, appeals will be heard by Knoxville City Council.
Knoxville City Council
September 23, 2008
Appeal by: August 29, 2008
December 2, 2008
Appeal by: August 29, 2008

The appeal deadline - August 29, 2008 - has passed.

The Process
Applicant

The Kroger Co.


Case History