City Council

CITY OF GATLATIN COUNCIL MEETING September 2O,2022 5:00 pm Dr. J. Deotha Malone Council Chambers o Callto Order- Mayor Brown o lnvocation o Pledge of Allegiance - Councilman Overton o Roll Call: Alexander - Fann - Vice Mayor Fennell- George - Hayes - Love - Overton o Approval of Minutes: None Provided o Public Recognition on Agenda-Related ltems o Mayor's Comments AGENDA 1.. Second Reading Ordinance No. O22d8-43 An ordinance of the City of Gallatin, Sumner County, Tennessee, to rezone a 5.3 +/- acre parcel (Tax Map 113G, Group D, Parcel 025.00) from the R-L0 Medium Density Residential District to the R-6 High Density Residential Planned Residential District with a Preliminary Master Development plan for Lashley Grove, located south of Hatten Track Road and west of Scott Drive; authorizing the revision to be indicated on the Official Zoning Atlas ; repealing conflicting ordinances ; providing for severability, and providing for an effective date. (Councilman Alexander) 2. Second Reading Ordinance No. 02268-44 Ordinance appropriating $8,202.99 for fire engine repairs (Councilman George) 3. Second Readins Ordinance No. 02209-47 Ordinance appropriatingSZZS,SSZ for salary study adjustments, reclassifications and department restructures (Vice Mayor Fennell) 4. Second Reading Ordinance No. 02209-48 Ordinance appropriating ARPA funds (American Recovery Plan Act) (Councilman Fann) 5. First Ordinance No. An ordinance of the City of Gallatin, Sumner County, Tennessee, rezoning two lots totalling O'77 +/- acres from the Rls-Medium Density Residential District to the R10-Medium Density Residential District, located west of Gwen Avenue and north of Long Hollow Pike, authorizing the bi ity, revision to be indicated on the Official Zoning Atlas; repea ing conflicti ng ord ina nces; provid ing for severa I I and providing for an effective date. (Councilman Alexander) 6. First Readine Ordinance No. O22d9-50 An ordinance of the City of Gallatin, Sumner County, Tennessee, *r"^'^g Ln +7- acres trom the RR-Rural Residential (County) District to the MRO-Multiple Residential and +/' office District and approval of a preliminary Master Development Plan for Caldwell Place, comprisingIT.8T to be on the official acres, located east of Cages Bend Road and south of Nashville Pike; authorizing the revision Zoning Atlas; repealing ionflicting ordinances; providing for severability, and providing for an effective date. (Councilman HaYes) 09/20/22 City Council Meeting Agenda-Page 1 7. First Reading Ordinance No. O22d9-52 An ordinance of the City of Gallatin, Sumner County, Tennessee, amending Article 2, Definitions and Article L2, Supplementary District Regulations, Section 12.74 Home Occupations of the Gallatin Zoning Ordinace; repealing conflicting ordinances; providing for severability, and providing for an effective date. (Councilman Overton) o Other Business o Public Recognition on Non-Agenda-Related ltems r Adjourn 09/20/22 City Council Meeting Agenda-Page 2  ORDINANCE NO. O22O8-43 AN ORDINANCE OF THB CITY OF GALLATIN, SUMNER COUNTY, TENNBSSEE, TO RBZONE A 5.3 +/- ACRE PARCBL (TAX MAP 113G, GROUP D, PARCEL 025.00) FROM THE R-10 MEDIUM DENSITY RESIDENTIAL DISTRICT TO THE R-6 HIGH DENSITY RBSIDBNTIAL PLANNED RBSIDENTIAL DISTRICT WITH A PRELIMINARY MASTER DEVBLOPMENT PLAN FOR LASHLEY GROVE, LOCATED SOUTH OF HATTBN TRACK ROAD AND WEST OF SCOTT DRIVE; AUTHORIZING THE REVISION TO BE INDICATBD ON THB OFFICIAL ZONING ATLAS; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN BF'F'BCTIVE DATB. WHEREAS, the owners of the subject property submitted a complete application to rezone a 5.3 +l- acre parcel with a Preliminary Master Development Plan for Lashley Grove, located in the City of Gallatin, Tennessee; and WHBREAS, the proposed zoning map amendment conforms with the recommendations of PlanGallatin, and the public necessity, convenience, and the general welfare, will be served by approving the proposed amendment; and WHEREAS, the property proposed for rezoning will have adequate public utilities, infrastructure and private or municipal services necessary to serve the exiqting and proposed development and population permitted by the requested zoning or such necessary services and facilities will be provided upon development of the property; and l WHBREAS, the proposed rezoning will be compatible with surrounding environment an! will protect the public health, safety and welfare and will not be injurior-rs to other property or improvements in the area in which the properties are located; and WHEREAS, the Gallatin Municipal Planning Commission reviewed and reconrtrended approval of the proposed rezoning in GMPC Resolution No. 2022-108; and WHEREAS, a pLrblic hearing was held following public notice as prescribed by the Gallatin Zonitlg Ordinance and 8l 3-7-203, T.C.A.; and WHEREAS, the City Council approved by rnajority vote ofthe members present the rezoning request ofthe described properties; and \ NOW, THBREFORE, BB IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALLATIN, SUMNER COUNTY, TBNNESSEE AS FOLLOWS: Section l. The City Cor,rncil of the City of Gallatin does liereby approve the rezoning of a 5.3 +l- acre parcel fl"om the R-10 Medium Density Residential District to the R-6 High Density oA' and 'B.' Residential District, as described in Exhibits 09/20/22 City Council Meeting Agenda-Page 3  Section 2. The City Council of the City of Gallatin does hereby approve, authorize and direct the revision of the City's Official ZoningAtlas to show the classification for the area as hereby rezoned. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent ofsuch conflict. Section 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provision or applications of this ordinance which can be given without the invalid provision or application, and to this end the provisions of this ordinance are declared severable. Section 5. This ordinance shall become effective immediately upon adoption. PASSED FIRST READING: August 16,2022 PASSED SECOND READING: MAYOR PAIGE BROWN ATTEST: CONNIE KITTRELL CITY RECORDER APPROVED AS TO FORM: SUSAN HIGH-MCAULEY CITY ATTORNEY Exhibit 'A' -Legal Description of the rezoning arca Exhibit 'B' - PMDP for LashleY Grove 09/20/22 City Council Meeting Agenda-Page 4  EXHIBIT'A' Legal Description SITUATED in Gallatin, Snmner County, Tennessee, on the south side of Hatten Track Road, north and west of Scott Drive; BEING the property of RB 4897 PG 786 R.O.S.C. TN; also known as Parcel 25.00 of Tax Map 113G Group D of the Sumner County Tax Assessor, being more parlicularly described as follows: BEGINNING at an existing iron pin capped (RLS 1910), said pin being the nofthwest corner of described property, and located at the terminus of the southern right of way of Hatten Tract Road, and in the noftheastern boundary of Roger Holland propefiy of RB 3704 PG 6, and being the TRUE POINT OF BEGINNING, THENCE with the southern boundary of Hatten Tract Road right of way, S 72"39'20' E a DISTANCE of 230.25' to a found iron pin said pin being the north west corner of Lot 15 of tlre Clearview Heights Section 7 Sr-rbdivision of PB 9 PG 219 and noftheast corner of described tract; THENCE with the boundary of Clearview Heights Section 7 Subdivision the following calls; S 07"57'47'W a DISTANCE of 598.49'to a 1.5" iron pipe found; N 84'1 7'24" W a DISTANCE of 165.00'to a found iron pin bent; S 05"53'58" W a DISTANCE of 125.21'to a found iron pin capped (RLS 614) in the northern right of way of Scott Drive; N 84'07'21" W a DISTANCE of 50.36'to a found irorr pin capped (RLS 614); N 84"07'2 I " W a DISTANCE of | 49.69' to a I .5" pipe found, said pipe being the northwest corner of Lot" 25 of Clearview Heights Section 7 SLrbdivision; THENCE with the eastern boundary of the Roger Holland property of RB 3446 PG 243 N 08o47'27" E a DISTANCE of 654.12' to a found iron pin capped (RLS l9l0); THENCE with the boundary of the Roger Holland property of RB 3704 PG 6 N 87o50'05" E a DISTANCE of 145.96'to a found iron pin capped (RLS l9l0); N 09o00'55" E a DISTANCE of 68.85'to a found iron pin capped (RLS l9l0); Witlr a curve turning to the left with an arc length of 36.32', witlr a radius of 25.00', with a delta angle of 83'14'l5",withachordbearingofN3l"55'll"W,withachordlengthof33.2l'theTRUEPOINTOF BEGINNING. Above descliption contains 5.34 Acres (232,498 Sqlrare Feet) 09/20/22 City Council Meeting Agenda-Page 5 Bearings based on Tennessee State Plane (NAD 83) through the Tennessee Geodetic Reference Network. All recorded documents referenced above are fi'om the Registers Office of Sumner County, Tennessee. "RB" stands for "Record Book", "DB" stands for "Deed Book", "PB" stands for "Plat Book" and "PG" stands for "Page". All "capped iron pin set" are /r' iron rebar pins with a red cap ntarked "Wilkinson P.LS 2776". SUBJECT to Sanitary Sewer Easement of PB 9 PG 219 R.O.S.C. TN This description was prepared by GreenLID Design, 114 B West Main Street, Gallatin, TN 37066; based on survey performed on 4-14-2022, job number 22.023G, and ceftified by John Zachaty Wilkinson, TN RLS # 2',7',76. 09/20/22 City Council Meeting Agenda-Page 6  EXHIBIT'B' PMDP DESCRIPTION Preliminary Master Development Plan for Lashley Grove, consisting of a eight (8) sheet plan, prepared by GreenLID Design, of Gallatin, TN, with Project No.22-023G, dated June 13, 2022,with a revision date of August 1,2022, with the following conditions: 1. Revise plans to say "Hatten Track Road." 2. Revise lot typical to show one dr:plex on one lot, as proposed in this PMDP. 3. Revise plans to include architecture for all four facades that meets the70%o brick/stone requirement. 4. Since development is over 30 units, upgrading Hatten Track Lo 20' or providing a turn-around will be required. 5. Submit a PDF and DWG of the PMDP to the Planning Department for final review. 09/20/22 City Council Meeting Agenda-Page 7  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA Augnst 9,2022 DEPARTMENT: PLANNING DBPARTMBNT AGENDA # SUBJECT: An Ordinance No. 02208-43 of the City of Gallatin, Sumner County, Tennessee, rezoning 5.3 acres from the R-10 Medium Density Residential District to the R-6 High Density Residential District and approving a new Preliminary Master Development Plan for Lashley Grove. SUMMARY: AN ORDINANCE OF THE CITY OF GALLATIN, SUMNER COUNTY, TENNESSEE, TO REZONE A 5.3 +l- ACRE PARCEL (TAX MAP 113G, GROUP D, PARCEL 025.00) FROM THE R-IO MEDIUM DENSITY RESIDENTIAL DISTRICT TO THE R-6 HIGH DENSITY RESIDENTIAL PLANNED RESIDENTIAL DISTRICT WITH A PRELIMINARY MASTER DEVELOPMENT PLAN FOR LASHLEY GROVE, LOCATED SOUTH OF HATTEN TRACK ROAD AND WEST OF SCOTT DRIVE; AUTHORIZING THE REVISION TO BE INDICATED ON THE OFFICIAL ZONING ATLAS; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. RECOMMENDATION: On July 28,2022, tlie Gallatin Municipal Planning Commission voted 4-1to approve GMPC Resolution No. 2022-108 (recommending approval) of the Rezoning with PMDP with conditions ATTACHMENT: Resolution Correspondence Bid Tabulation Ordinance Contract Other Approved Rejected Deferred Notes: 09/20/22 City Council Meeting Agenda-Page 8  ORDINANCE NO. o22o.8-44 ORDINANCE APPROPRIATING $8,202.99 F'OR FIRE ENGINE REPAIRS BE IT ORDAINED BY THE CITY OF GALLATIN, TENNESSEE, that the suM of $8,202.00 is hereby appropriated from the General Fund Unassigned Fund Balance to account I I 0 -42220 -260, F ir e V ehicle Repairs ; and BE IT FURTHER ORDAINED BY THE CITY OF GALLATIN, TENNESSEE, that this Ordinance shall take effect from and after its final passage, the public welfare requiring such. PASSED FIRST READING: September 6,2022. PASSED SECOND READING: MAYOR PAIGE BROWN ATTEST: CONNIE KITTRELL CITY RECORDER APPROVED AS TO FORM: SUSAN HIGH-MCAULEY CITY ATTORNEY 09/20/22 City Council Meeting Agenda-Page 9  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA August 23,2022 AGENDA # 1 DEPARTMENT: Fire DePartment SUBJECT: Ordinance No. O2208-44 O;i;;""" Appropriating $8,202'99 for Fire Engine Repairs SUMMARY: RECOMMENDATION: ATTACHMENT: x. l{csolulion 0rilinance CorresPondence Contract # Bid Tabulation Other Approved l,\t ! Rejected 'l Deferred ti L-l Notes: 09/20/22 City Council Meeting Agenda-Page 10  ORDINANCE NO. 02299-47 ORDINANCE APPROPRIATING $225,832 FOR SALARY STUDY ADJUSTMENTS, RECLAS SIFICATIONS AND DEPARTMENT RES TRUCTURES WHEREAS the City recently completed a salary study to adjust employee pay as driven by current market conditions; and WHEREAS the fiscal year 2023 City budget was adopted prior to the final adjustments to salaries and benefits from the study; NOW THEREFORE BE IT ORDAINED BY THE CITY OF GALLATIN, TENNESSEE, that the sum of $214,405 is hereby appropriated from the General Fund Unassigned Fund Balance to the following accounts: Attorneysalaries 11041620-111 1,237 FICA 11041620-141 95 Retirement 11041620-143 111 Engineering salaries 11041670-Ill 68'839 FICA 11041670-141 5,266 Retirement 11041670-143 6,195 Planning salaries 11041700-111 2,772 FICA rr041700-r4l 212 RetirementIl04lT00-143 249 FacilityMaintenance salaries 11041800-111 2,771 FICA 11041800-141 212 Retirement I 1041800-143 249 Fire salaries 11042220-lll 26,239 FICA 11042220-141 2,007 Retirement 11042220-143 2,361 Traffic Signals & Lights salaries 11043160-11l 4,090 FICA 11043160-t4r 3r3 09/20/22 City Council Meeting Agenda-Page 11  Retirement11043160-143 368 Civic Center salaries 11044420-lll 54,434 FICA 11044420-141 4,164 Retirement11044420-143 4,899 Golf salaries 11044450-111 14,889 FICA 11044450-141 1,139 Retirement11044450-143 1,340 Parks salaries 11044720-lll 2,601 FrcA 11044720-l4t 199 Retirement 11044720-143 234 EDA salaries 11047100-111 5,932 FICA rr047100-l4r 454 Retirement 11047100-143 534; and BE IT FURTHER ORDAINED BY THE CITY OF GALLATIN, TENNESSEE, that the sum of Sll,427 is hereby appropriated from the Water/Sewer Fund Unassigned Fund Balance to the following accounts: water Transmission & Distribution salaries 4I352114-LII 2,817 FICA 41352tr4-l4r 216 Retirement 41352114-143 254 Water Customer Accounting salaries 41352116-111 1,035 FICA 41352116-141 79 Retirement 41352116'143 93 WaterAdministrationsalaries 41352117-lII 3,057 FICA 41352r17-l4l 234 Retirement 41352117'143 275 Sewer Collections salaries 4l352211-lll -102,097 09/20/22 City Council Meeting Agenda-Page 12  Longevity 41352211-132 -1,100 FICA 4135221r-l4l -7,895 Health and Dental 41352211-142 -19,040.97 Retirement 41352211-143 -9,288 Group Term Life 41352211-145 '450 Short term Long Term Disability 41352211-149 -750 Sewer Rehab 41352212'Ill 102,097 Longevity 41352211-132 1,100 FICA 413522r1-l4r 7,895 Health and Dental 41352211-142 19,040.97 Retirement 41352211-143 9,288 Group Term Life 41352211'145 450 Short term Long Term Disability 41352211-149 750; and BE IT FURTHER ORDAINED BY THE CITY OF GALLATIN, TENNESSEE, that this Ordinance shall take effect from and after its final passage, the public welfare requiring such. PASSED FIRST READING: Septembet 6,2022. PASSED SECOND READING: MAYOR PAIGE BROWN ATTEST: CONNIE KITTRELL CITY RECORDER APPROVED AS TO FORM: SUSAN HIGH-MCAULEY CITY ATTORNEY 09/20/22 City Council Meeting Agenda-Page 13  CITY OF'GALLATIN COUNCIL COMMITTEE AGENDA August 23,2022 DEPARTMENT: Finance AGENDA # SUBJECT: Ordinance #02209-47 Appropriating funds as a result of Salary Study changes and office reclas sifi cations/restructure s SUMMARY: Ordinance appropriating funds as a result of Salary Study changes and office reclassifications/iestructures that occurred after the 2023 budget had passed 2nd reading RECOMMENDATION: Approval ATTACHMENT: tion Correspondence Bid Tabulation Ordinance Contract Other Approved Rejected Deferred Notes: 09/20/22 City Council Meeting Agenda-Page 14  ORDINANCE NO. 02299.48 ORDINANCE APPROPRIATING ARPA FUNDS (AMERICAN RECOVERY PLAN ACT) WHEREAS, the United States Department of the Treasury is distributing Coronavirus State and Local Fiscal Recovery funds to local govemments over a two-year period to be used for eligible purposes; and WHEREAS, the Tennessee Department of Environment and Conservation is distributing additional Coronavirus State and Local Fiscal Recovery funds to utility districts for eligible infrastructure projects; and WHEREAS, the City of Gallatin appropriated a portion of these funds via Ordinance |.2110-68 for Essential Worker HazardPay ($1,236,332.73) and a portion of these funds via Ordinance O2203-I7 for Clearview Park Improvements ($2,000,000); NOW THEREFORE BE IT ORDAINED BY THE CITY OF GALLATINO TENNESSEE, that the account number for Clearview Park Improvements will be corrected to be 11041310-937-290; and BE IT FURTHER ORDAINED BY THE CITY OF GALLATIN' TENNESSEE, that remaining ARPA funds shall be appropriated as follows: Federal ARPA NEU revenue 128-33128 -II'498,015.71 ARPA Revenue Loss 12841310-760 10,000,000'00 ARPA Consultant 12841310-256 315,000.00 ARPA Employee Retention 12841310-760 823,390'98 ARPA Cybersecurity and negative Non-Profit impact 12841310 359,624.73 BE IT FURTHER ORDAINED BY THE CITY OF GALLATIN' TENNESSEE, that ARPA TDEC funds shall be appropriated as follows: 09/20/22 City Council Meeting Agenda-Page 15  Federal ARPA TDEC revenue 128-33128 -3,926,714.68 ARPA TDEC Water/Sewer eligible projects 12841310 3,926,714.68 with matching requirements for the ARPA TDEC Funds coming from the 2021WIS bond; and BE IT FURTHER ORDAINED BY THE CITY OF GALLATIN' TENNESSEE, that this Ordinance shall take effect from and after its final passage, the public welfare requiring such. PASSED FIRST READING: September 6,2022. PASSED SECOND READING: MAYOR PAIGE BROWN ATTEST CONNIE KITTRELL CITY RECORDER APPROVED AS TO FORM: SUSAN HIGH-MCAULEY CITY ATTORNEY 09/20/22 City Council Meeting Agenda-Page 16  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA August 23,2022 DEPARTMENT: Finance AGENDA # SUBJECT: Ordinance #02209-48 Appropriating balance of ARPA funds SUMMARY: Ordinance appropriating second tranche of ARPA funds which will be received in the coming months and appropriating the remaining balance of first tranche RECOMMENDATION: Approval ATTACHMENT: tion Correspondence Bid Tabulation Ordinance Contract Other Approved Rejected Deferred Notes: 09/20/22 City Council Meeting Agenda-Page 17 09/20/22 City Council Meeting Agenda-Page 18  ORDINANCE NO. 02249-49 AN ORDINANCE OF THB CITY OF GALLATIN, SUMNER COUNTY, TENNESSBE, REZONING TWO LOTS TOTALLING 0.77 +/- ACRES FROM THB R15 _ MEDIUM DENSITY RESIDENTIAL DISTRICT TO THB RlO _ MEDIUM DENSITY RESIDENTIAL DISTRICT, LOCATED WBST OF GWBN AVENUE AND NORTH OF LONG HOLLOW PIKE; AUTHORIZING THE REVISION TO BE INDICATED ON THE OFFICIAL ZONING ATLAS; RBPEALING CONFLICTING ORDINANCBS; PROVIDING FOR SBVERABILITY, AND PROVIDING FOR AN BFFECTIVE DATE. WHEREAS, the owners of the subject property submitted a complete application to rezone two Iots totaling 0.77 +l- acres, located in the City of Gallatin, Tennessee; and WHEREAS, the proposed zoning map arnendment conforms with the General Urbarr Character Area of Plan Gallatin and the public necessity, convenience, and the general welfare, will be served by approving the proposed zoning map amendment; and WHEREAS, the propefty proposed for rezoning will have adequate pr,rblic utilities, infi"astructure and private or municipal services necessary to serve the existing and proposed developrnent and population pennitted by the requested zoning or such necessary services and facilities will be provided upon development of the property; and WHEREAS, the proposed rezoning will be compatible with surrounding environment and will protect the public liealth, safety and welfare and will not be injurious to other property or improvements in the area in which tlie properties are located; and WHEREAS, the Gallatin Municipal Planning Comrnission reviewed and recomrrended denial of tlre proposed rezoning in GMPC ResolLrtion No. 2022-109; and WHEREAS, a public hearing was held following public notice as prescribed by the Gallatin Zonirrg Ordinance and $ | 3-7-203, T.C.A.; and WHEREAS, the City CoLrrrcil approved by majority vote of tlie nrembers present the rezoning request ofthe described properties; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALLATIN, SUMNER COUNTY, TBNNESSEE AS FOLLOWS: Section l. The City Courrcil of tlre City of Gallatin does hereby approve the rezoning of tr,vo lots totalirrg 0.77 +l- acres fl'orr the Rl5 - MediLrnr Derrsity Residential District to the Rl0 - Mediunr Derrsity Residential District, as described in Exhibits'A'and'8.' 09/20/22 City Council Meeting Agenda-Page 19  Section 2. The City Council of the City of Gallatin does hereby approve, authorize and direct the revision of the City's Official ZoningAtlas to show the classification for the area as hereby rezoned. Section 3. All ordinances or parts of ordinances in conflict with the provisions of tliis ordinance are hereby repealed to the extent of sr"rch conflict. Section 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect otlrer provision or applications of this ordinance which can be given without the invalid provision or application, and to this end the provisions of this ordinance are declared severable. Section 5. This ordinance shall become effective irnmediately upon adoption. PASSED FIRST READING PASSED SECOND READING: MAYOR PAIGE BROWN ATTEST: CONNIE KITTRELL CITY RECORDER APPROVED AS TO FORM SUSAN HIGH-MCAULEY CITY ATTORNEY Exhibit 'A'- Legal Descriptiorr of the rezoning area Exhibit 'B' - Maps of the rezoning area 09/20/22 City Council Meeting Agenda-Page 20  EXHIBIT'A' LEGAL DESCRIPTION (r 02 GWEN AVE) SITUATED in Gallatin, Sumner County, Tennessee, north of Long Hollow Pike (S.R. 174), lying on the west side of Gwen Avenue; BEf NG a portion of Lot 54 of the Meadow Brooks Subdivision of record in PB 3 PG 22, property also being the known as the Diana Elliot property of record in RB 3937 PG 292', also known as Parcel 001.00 of Tax Map 1264 Group A of the Sumner County Tax Assessor, being more particularly described as follows: BEGINNING at an existing iron pipe found in the western right of way of Gwen Avenue (25' from centerline), said pipe being the southeast corner of Lot 55 of the above mentioned Meadow Brooks Subdivision and northeast corner of described property, and the TRUE POINT OF BEGINNING; THENCE with the western right of way of Gwen Avenue, S 06"34'34" W a DISTANCE of 123.80' to a capped iron pin set in the northern right of way of Long Hollow Pike (SR 174) (passing a TDOT concrete monument found at 14' offset approximately 1' east from right of way line); THENCE with the northern right of way of, Long Hollow Pike (SR 17a) N 86'10'59" W a DISTANCE of 148.69' (passing a TDOT concrete monument found at 148.08') to a point in the eastern boundary of Lot 1 of Section One of Creekview Subdivision of PB 10 PG 127; THENCE with eastern boundary of above-mentioned Lot 1, N 06"08'07" E a DISTANCE of 129.70' to a point, 3.45' short of an iron pin found, said iron pin being the shared eastern boundary corner between lots 1 and 22 of above mentioned Creekview Subdivision; 09/20/22 City Council Meeting Agenda-Page 21 THENCE S 83"54'26" E a DISTANCE of 149.52' (passing a 1" pipe found at 1.44', being offset 0.81'to the north of line) to the TRUE POINT OF BEGINNING. Above description contains 0.43 Acres (1B,BBg Square Feet) Bearings based on Tennessee State Plane (NAD 83) through the Tennessee Geodetic Reference Network. All recorded documents referenced above are from the Registers Office of Sumner County, Tennessee. 'RB" stands for "Record Book", "DB" stands for "Deed Book", "PB" stands for "Plat Book" and "PG" stands for "Page". All "capped iron pin set" are Yr' iron rebar pins with a red cap marked "Wilkinson RLS 2776' This description was prepared by GreenllD Design, 114 B West Main Street, Gallatin, TN 37066; based on survey performed on 4-27-2022, job number 22.055G and certified by John Zachary Wilkinson, TN RLS #2776. LEGAL DESCRIPTION (r06 GWEN AVE) SITUATED in Gallatin, Sumner County, Tennessee, north of Long Hollow Pike (S.R. 174), lying on the west side of Gwen Avenue; BEING Lot 55 of the Meadow Brooks Subdivision of record in PB 3 PG 22, property also being the known astheJohn Parks Construction, lnc. propertyof record in RB 5872 PG67'1, also known as Parcel 002.00 of Tax Map '1264 Group A of the Sumner County Tax Assessor, being more particularly described as follows: BEGINNING at an existing iron pipe found in the western right of way of Gwen Avenue (25'from centerline), said pipe being the northeast of Lot 54 of the above mentioned Meadow Brooks Subdivision and southeast corner of described property, and the TRUE POINT OF BEGINNING; 09/20/22 City Council Meeting Agenda-Page 22 THENCE N 83"54'26" W a DISTANCE of 149.52'to a point in the eastern line of Lot 1 of Creekview Section 1 Subdivision of PB 10 PG 127 (said point being located approximately 1.44' west and 0.81' south of an existing 1" pipe found); THENCE with the eastern boundary of Lots 1, 2, and 3 of Creekview Subdivision, N 06'08'07" E a DISTANCE of 100.25'(passing an iron pin found at 3.45'and 43.16') to a24" hackberry, said corner being the southwest corner of Lot 56 of Meadow Brooks Subdivision, and northwest corner of described lot; THENCE with the southern line of Lot 56, S 83"49'34" E a DISTANCE of 150.29'to an iron pin found (bent) in thewestern right of way of Gwen Avenue (25'from centerline); THENCE with the Gwen Ave western right of way S 06'34'34" W a DISTANCE of 100.04' to the TRUE POINT OF BEGINNING; Above description contains 0.34 Acres (15,012 Square Feet) Bearings based on Tennessee State Plane (NAD 83) through the Tennessee Geodetic Reference Network. All recorded documents referenced above are from the Registers Office of Sumner County, Tennessee. "RB" stands for "Record Book", "DB" stands for "Deed Book", "PB" stands for "Plat Book" and "PG" stands for "Page". All "capped iron pin set" are /r'iron rebar pinswith a red cap marked "Wilkinson RLS 2776' This description was prepared by GreenLlD Design, 114 B West Main Street, Gallatin, TN 37066; based on survey performed on 4-27-2022, job number 22.055G and certified by John Zachary Wilkinson, TN RLS #2776. 09/20/22 City Council Meeting Agenda-Page 23  EXHIBIT'B' BOUNDARY SURVEY $-- ,,16 I i- ., ';rreG;:at 1* GreenLlD Design : r_,:+ii: -*tlq_: .j I I i I t, 5C_ xlili-! :c SA i P i ,*--,.-'*,."..-.,..".,".^-,*"* 3&---*-,-.,-,'. -- -'-T--..-._ *-'-,Ht ffiw?rijiBs" ..ffis \t5/ ili :lj * i::t' $tETrc. s1.0 09/20/22 City Council Meeting Agenda-Page 24  CITY OF GALLATIN COUNCIL COMMITTEB AGENDA SEPTEMBER 13,2022 DEPARTMENT: PLANNING DBPARTMBNT AGENDA # SUBJECT: Arr OrdinanceNo.O22A9-49 of the City of Gallatin, Sumner County, Tennessee, rezoning two lots totalling 0.77+l- acres fi'onr the R15- Medium Density Residential District to the R10- Mediurn Density Residential District, located west of Gwen Avenue and North of Long Hollow Pike; aLrthorizing tlie revision to be indicated on the official zoning atlas; repealing conflicting ordinances; providing for severability, and providing for an effective date. SUMMARY: Arr Ordinance No.O22A9-49 of the City of Gallatin, Sumner County, Tennessee, rezoning two lots totallirrg 0.77+l- acres fiom the Rl5- MediLrrn Density Residential District to the Rl0- MediLrrn Density Residential District, located west of Gwen Avenue and Norlh of Long Hollow Pike; autlrorizirrg the revision to be indicated on the official zoning atlas; repealing conflicting ordinances; providing for severability, and providing for an effective date. RECOMMENDATION: On Ar-rgust 22,2022, the Gallatin Municipal Planning Comnrission recommended approval of GMPC Resolution No.2022- 109 for the rezoning and rnaster developrnent plan (ZONE-2022- 0072). ATTACHMENT: Resolution Correspondence Bid Tabulation Ordinance Contract Other Approvecl Rejected Deferred Notes: 09/20/22 City Council Meeting Agenda-Page 25 09/20/22 City Council Meeting Agenda-Page 26  ORDINANCE NO. 02249-50 AN ORDINANCE OF THE CITY OF GALLATIN, SUMNER COUNTY, TENNESSEE, REZONING 2.77 +/- ACRES FROM THE RR-RURAL RESIDENTIAL (COUNTY) DISTRICT TO THE MRO.MULTIPLE RESIDENTIAL AND OFFICE DISTRICT AND APPROVAL OF A PRELIMINARY MASTER DEVELOPMENT PLAN FOR CALDWELL PLACE, COMPRISING 17.87 +/- ACRES, LOCATED EAST OF CAGES BEND ROAD AND SOUTH OF NASHVILLE PIKE; AUTHORIZING THE REVISION TO BE INDICATED ON THE OFFICIAL ZONING ATLAS; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner of the property submitted a complete application to rezone 2.77 +/- acres and obtain approval of a Preliminary Master Development Plan for Caldwell Place on 17.87 +l- acres, located in the City of Gallatin, Tennessee; and BE IT FURTHER ORDAINED, the zoning map amendment and preliminary master development plan conform to the general plan of the area including the established General Urban and Suburban Community Character Areas and that the public necessity, convenience, and general welfare, will be served by approving the proposed amendment; and WHEREAS' the property proposed for rezoning with preliminary master development plan has adequate public utilities, infrastructure and private or municipal services necessary to serve the existing and proposed development and population permitted by the requested zoning or such nr..rru.y r.rui""r and facilities will be provided upon development of the property; and WHEREAS, the rezoning with preliminary master development plan will be compatible with the surrounding environment and will protect the public health, safety and welfare and will not be injurious to othlr property or improvements in the area in which the property is located; and WHEREAS, the Gallatin Municipal Planning Commission reviewed and recommended approval of GMpC Resolution No. 2022-097 for the proposed rezoning with Preliminary Master Development Plan; and WHEREASo a public hearing was held following public notice as prescribed by the Gallatin ZoningOrdinance and Tenn' Code Ann. $ l3-7-203; and WHEREAS, the City Council approved by majority vote of the members present the rezoning request ofthe described property; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALLATIN, SUMNER COUNTY, TENNESSEE as follows: +l- acres from Section l. The City Councilof the City of Gallatin does hereby rezone2.77 and office District as the RR-Rural Residential (Counry) District to the MRo-Multiple Residential ,,A,' andapproves a Preliminary Master Development Plan for Caldwell Place, described in Exhibit as described in Exhibit 'B'. 09/20/22 City Council Meeting Agenda-Page 27  Section 2. The City Council of the City of Gallatin does hereby approve, authorize and direct the revision of the City's Official ZoningAtlas to show the classification for the area as hereby rezoned. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent ofsuch conflict. Section 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this ordinance which can be given without the invalid provision or application, and to this end the provisions of this ordinance are declared severable. Section 5. This ordinance shall become effective immediately upon passage, the public welfare requiring such. PASSED FIRST READING: PASSED SECOND READING: MAYOR PAIGE BROWN ATTEST CONNIE KITTRELL CITY RECORDER APPROVED AS TO FORM SUSAN HIGH-MCAULEY CITY ATTORNEY Exhibit A: Legal Description Exhibit B: Description of PMDP 09/20/22 City Council Meeting Agenda-Page 28  EXHIBIT'A' RR-Rural Residential (County) District to the MRO-Multiple Residential and Office District 2.77 +/- Acres Commencing at the southwestern corner of the property presently identified as Parcel 2.01, and Sumner County Tax Map 147, identifred as a portion of the property described in Deed Book 5455, Page 403, R.O.S.C., TN; Said point being a shared corner with the property conveyed to Raruca Panaite, of record in Deed Book 1631, Page 247, R.O.S.C., TN; Said point also lying in the eastern right-of-way line of Cages Bend Road; Thence, following the shared boundary with said Raruca Panaite property, North 87"34'19" East, a distance of 63.13 feet to the Point of Beginning; Thence, following the existing city limit line across the subject property the following five (5) calls: North 62"12' l l" East, a distance of 547.14 feet to a point; North 62"17'31" East, a distance of 56.31 feet to a point; North 67"13'46" East, a distance of 175.32 feet to a point; South 06"01'34" East, a distance of 192.98 feet to a point; South 0l o08'40" East, a distance of 126.68 feet to a point, being a shared corner with said Raruca Panaite Property; Thence, following the shared boundary with said Raruca Panaite property, South 87"33'32" West, a distance of 718.95 feet to the Point of Beginning. Containing 120,454 square feet, or 2.77 acres, more or less. 09/20/22 City Council Meeting Agenda-Page 29  EXHIBIT'B' The rezoning shall be substantially consistent with the Preliminary Master Development Plan, comprising 17.87 +l- acres, consisting of a seven sheetplan, prepared by CSDG of Nashville, TN, with job number 2l-064-01, dated May 16, 2022, with a resubmittal date of August 30, 2022withthe following conditions: l. Show how the proposed 8' wide trail will tie-in with the existing 8' sidewalk along Foxland Boulevard on the east side of the property. 2. Remove the connection of Alley F to Foxland Boulevard and instead extend Alley B across Foxland Boulevard into Alley G to meet the Gallatin on the Move 2020 Access Management Plan street sPacing. 3. Submit revised digital files consisting of the PDF and AutoCAD (dwg.) drawings of the PMDP to the Planning Department addressing all condition of approval. 09/20/22 City Council Meeting Agenda-Page 30  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA SEPTEMBER 13,2022 DEPARTMENT: PLANNING DEPARTMENT AGENDA # SUBJECT: An Ordinance No. O22A9-50 of the City of Gallatin, Sumner County, Tennessee, rezoning 2.77 +l- acres from the RR-Rural Residential (County) District to the MRO-Multiple Residential and Office District and approval of a Preliminary Master Development Plan for Caldwell Place. SUMMARY: An Ordinance of the City of Gallatin, Sumner County, Tennessee, rczoning2.77 +l- acres from the RR-Rural Residential (County) District to the MRO-Multiple Residential and Offlrce District and approval of a Preliminary Master Development Plan for Caldwell Place for l2l attached townhomes, comprising 17.87 +l- acres, located east of Cages Bend Road and south of Nashville Pike ; authbrizing the revision to the Official ZoningAtlas; repealing conflicting ordinances; providing for severability; and providing an effective date. RECOMMENDATION: On August 22,2022,the Gallatin Municipal Planning Commission recommended approval of GMPC Resolution No. 2022-097 for the rezoning and the preliminary master development plan (zoNE-2022-0068). ATTACHMENT: Resolution Correspondence Bid Tabulation Ordinance Contract Other Approved Rejected Deferred Notes: 09/20/22 City Council Meeting Agenda-Page 31 09/20/22 City Council Meeting Agenda-Page 32  ORDINANCE NO. 02299-52 AN ORDINANCE OF THE CITY OF GALLATIN, SUMNER COUNTY, TENNESSEE, AMENDING ARTICLE 2, DEFINITIONS AND ARTICLE 12, SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 12.14 HOME OCCUPATIONS OF THE GALLATIN ZONING ORDINANCE; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE (zoNE-2022-0073) WHEREAS, the Gallatin Municipal Planning Commission, pursuant to Section 15.07.040 of the Gallatin ZoningOrdinance, reviewed and recommended approval of an Ordinance to amend the home occupation/home-based business regulations as described in GMPC Resolution No. 2022-134; and WHEREAS, notice and public hearing before the Gallatin City Council has or will occur before final passage pursuant to Section 15.07.060 of the Gallatin Zoning Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF GALLATIN, TENNESSEE as follows: l. The Gallatin City Council hereby concurs with the recommendations of the Gallatin Municipal Planning Commission and hereby approves amending Article 2, Definitions, and Article 12, Section 12.14, Home Occupations, Gallatin Zoning Ordinance as described in Exhibit 'A'; and Z. Based upon the recommendation of approval by the Gallatin Municipal Planning Commisiion and after public notice and public hearing in compliance with Section 15.07.060 of the Gallatin Zoning Ordinance, the Definitions and Home Occupations regulations are hereby amended and established as described in Exhibit 'A'; and 3. The Gallatin City Council does hereby approve, authorize and direct the revision of the Gallatin Zoning Ordinance in accordance with Section 15.07.080 of the Gallatin ZoningOrdinance of the City of Gallatin, Tennessee, and shall, upon the effective date of this ordinance, be amended to reflect the amended text; and 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent ofsuch conflict; and 5. lf any provision of this ordinance or the application thereof to any person or circumsiance is held invalid, the invalidity shall not affect other provision or applications of this ordinance which can be given without the invalid provision or application, and to this end the provisions of this ordinance are declared severable. L 09/20/22 City Council Meeting Agenda-Page 33  BE IT FURTIIER ORDAINED BY THE CITY OF GALLATIN' TENNESSEE' thAt this Ordinance shall take effect upon final passage, the public welfare requiring such. PASSED FIRST READING: PASSED SECOND READING: MAYOR PAIGE BROWN ATTEST: CONNIE KITTRELL CITY RECORDER APPROVED AS TO FORM: SUSAN HIGH-MCAULEY CITY ATTORNEY 2 09/20/22 City Council Meeting Agenda-Page 34  Exhibit 'A' ARTICLE 2.OO DEFINITIONS ?k tr * ,r ,r * * J ,f ?k :l ,r Home Occupations/Home Based Business - A home occupation/home-based business is a lawful activity carried on within a dwelling unit by a member or members of a household who occupy the dwelling with the primary use as a residence in a commercial or residential zoning district, with the allowance of one additional person, where the occupation is secondary to the use of the dwelling for living purposes, and the residential character of the dwelling is maintained, and the home occupation/home-based business conforms to development and use standards. tr & ,f rk ,r ?t J J tl tr J * ARTICLE 12.00 SUPPLEMENTARY DISTRICT REGULATIONS 12.14 Home Occupations/Ilome-based Businesses A home occupation/home-based business may be conducted in a residential dwelling unit and a business license may be issued provided that: A. General Requirements: Prior to or upon applying for a business license for a home occupation/home-based business the owner/operator shall first meet with a representative of the City Planning Department to determine if the proposed home-based business is permitted under the regulations in this Section and other City Codes' B. Allowed Uses L Day Care, Limited (Any home occupation/home-based business for a day care shall be restricted to the Day Care Home use.) 2. personal instruction such as fine arts, crafts, individual academic instruction, individual fitness training and similar activities 3. General office without customer visits 4. Artisan production/art studio 5. Retail trade when such activities occur off-site 6. Personalrecording andlot video services 7 . Other low-impact uses of a similar nature described above, as determined by the Zoning Administrator c. Use and Floor Area/Storage of Materials, Goods and Equipment 3 09/20/22 City Council Meeting Agenda-Page 35  1. The use of the dwelling unit for the home occupation/home-based business shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall occupy no more than twenty-five (25) percent of the floor area of the dwelling unit used to conduct of the home occupation/home-based business. 2. More than one home occupation per dwelling shall be permitted andthe home occupation/home-based business must be conducted entirely within the dwelling units or accessory building. 3. Only one person other than residents of the premises shall be engaged in such home occupation/home-based business and under no circumstance shall more than 3 persons be employed in any home occupations/home-based businesses licensed at the residence. 4. There shall be no sales of goods, excluding telephone and on-line sales, in connection with such ho me o c cupat ion/home -b as ed bus ine s s. 5. There shall be no outside storage of equipment or supplies associated with the home occupation. Only those materials or goods that one uses or produces in connection with the residenc e and/or the home occupation/home-based business may be stored within the dwelling or fully enclosed accessory structure. D. Effects to Adjacent ProPerties 1. The home occupation/ home-based business shall not disrupt the peace, quiet, and domestic tranquility within any neighborhood or produce adverse environmental conditions such as excessive noise, traffic, nuisance, fte hazard and other possible effects of business activities on adjoining residences. 2. No equipment or process shall be used in such home occupation/ home-based business which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. E. Parking and Traffic L No traffic shall be generated by such home occupation in greater volumes than would normally be expected by a residence without a licensed home occupation/home-based businesi, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard. 2. One vehicle with company logo may be parked on the premises as long as it complies with restrictions on truck parking in residential neighborhoods. Such vehicle with a company logo shall be parked on the property behind the front building setback. F. Signs: l. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the ionduct of the home occupation/home-based business other than 4 09/20/22 City Council Meeting Agenda-Page 36  one, non-illuminated sign, not exceeding one square foot in area and mounted flat against the wall of the principal building. 2. Exempt or temporary signs shall not be placed on a lot with a home occupation/home- based business. G. Transferability and Enforcement: l. A permit or licenses issued for activities under this section shall not be transferred or assigned to another person, entity, or address, nor shall the permit authorize any person, other than the person named therein, to commence or carry on the business. Upon termination of the occupant's residency, the home occupation/home-based business permit shallbe come null and void. 2. Revocation of Permit. Upon the filing of two or more verified complaints within a calendar year regarding a permit issued for activities under this section, the zoning administrator, or his or her designee, shall notify the permit holder in writing of such complaints and the zoning administrator, or his or her designee, will determine whether such complaints are valid. If it is determined that violations have occurred, the zoning administrator may revoke a permit. Once a permit has been revoked pursuant to this subsection, no home occupation/home-based business permit or license shall be issued to the applicant for the same property for a period of one year from the date of the revocation. The permit holder may appeal the zoning administrator's decision to the board of zoning appeals for a public hearing as provided in this title. Other violations of this Subsection G are punishable by a fine of fifty dollars per day, per violation. H. Permit Expiration and Renewal A home occupation/home-based business permit shall expire three hundred sixty-five days after it is issued unless it is renewed prior to its expiration. committee\Draft ordinance o2209-v'x-Article 2 and Article I: Activities and projectsgoning code Amendments\Home occupations\council 12, Section l2.l 4 - 9-13-2022 5 09/20/22 City Council Meeting Agenda-Page 37  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA September 13,2022 DEPARTMENT: PLANNINGDEPARTMENT AGENDA # SUBJECT: Ordinance No. 02209 -52 of the City of Gallatin, Sumner County, Tennessee, amending Article 2, Definitions, and Article 12, Supplementary District Regulations, Section 12.14, Home Occupations/Home-Based Business, Gallatin Zoning Ordinance, pertaining to home occupations/home-based business regulations. SUMMARY: The Planning Commission recommends approval of an Ordinance to amend Article 2, Definitions, and Article 12, Supplementary District Regulations, Section 12.14, Home Occupations/Home-Based Business, of the Gallatin Zoning Ordinance, regulating home occupations/home based businesses. The proposed ordinance provides greater specificity pertaining to the regulations that apply to home occupations/home-based businesses which are mostly located in residnetial districts. Generally, the changes will allow more than one home occupation/home-based business at a residence and reformats the existing code by partitioning the description of allowed uses, regulating floor area and storage, limiting any adverse effects to adjaenet property owners, placing limits and regulating parking, and limiting signs. This Zoning Code amendment was requested because of an increase in certain occupations that can be conducted from the home with no or little impact to the neighborhood or community. RECOMMENDATION: ATTACHMENT: olution Correspondence Bid Tabulation Ordinance Contract Other Approved Rejected Deferred Notes: 09/20/22 City Council Meeting Agenda-Page 38