Municipal Board of Zoning Appeals
Regular MeetingGallatin, TN · July 26, 2018
Agenda
AGENDA
Gallatin Municipal Board of Zoning Appeals
Thursday, July 26,2018 Municipal Board of Zoning Appeals - 5:30 p.m.
DR. J. DEOTHA MALONE COUNCIL CHAMBERS CITY HALL
¡ Call to Order
o Invocation
¡ Pledge of Allegiance
r Roll Call
. Approve Prior Minutes: June 28,2018
AGANDA
I. GMBZA RESOLUTION NO. 2018.004 8-8855-18
ENCHANTE' CHILD DEVELOPMENT CENTER _ CONDITIONAL USE PERMIT
ENCHANTE' CHILD DEVELOPMENT CENTER
THE OWNER AND APPLICANT REQUEST APPROVAL OF A CONDITIONAL USE PERMIT FOR A
LIMITED CHILD CARE FACILITY FOR ENCHANTE CHILD DEVELOPMENT CENTER, PER SECTION
O7.O2.OIO.C OF THE GALLATIN ZONING ORDINANCE, ON AO.71O ACRE +/- LOT ZONED MRO-
MULTIPLE RESIDENTIAL AND OFFICE, LOCATED AT 1181 NASHVILLE PIKE.
2. OTHER BUSINESS
3. MOVE TO ADJOURN
ORIGINAL
MINUTES OF THE GALLATIN
MUNICIPAL BOARD OF ZONING APPEALS
MEETING
June 28,2018
Members Present Staff Present
John Puryear, Vice Chair William McCord, Director of Planning
Homer Vaughn, Secretary Matthew V/ilkinson, Planner II
Jeanne Gregory Marianne Mudrak, Board Secretary
Drew Schreiner
Absent C)thers Present
Jimmy Moore, Chair Applicant
The Gallatin Municipal Board of Zoning Appeals met in a regular meeting on Thursday, June 28,2018 at
5:30 p.m., in the Dr. J. Deotha Malone Council Chambers of Gallatin City Hall. Mr. John Puryear, Vice
Chair, called the meeting to order. A copy of the meeting agenda is attached to these minutes as Exhibit A.
Mr. Vaughn led the opening prayer and Vice Chair Puryear led the pledge of allegiance. Ms. Mudrak called
roll.
Approve Prior Minutes
Mr. Vaughn motioned to approve the February 22, 2018 Municipal Board of Zoning Appeals meeting
minutes. Mr. Schreiner seconded the motion and the motion passed by unanimous vote.
GMBZA Resolution No. 2018-003 - Bavwood Pointe. Phase 4A. Lots 94. 98 - Variance Reouest
1
- Public - The variances from
Board of Zonins Appeals on three 13) lots in the Bavwood Pointe Phase 4A- zoned R-20 -
Densi Residential
o Lot94.107 Sundown Circle - The owner and reouest avariance of22'from the 100'
minimum lot width at the front buildins line to allow a lot width of 78' at the front
buildine line enablins the construction of a 42' from the front orooertv line and a vanance
five fee 5', from the taten 10 side
north side of the property.
a Lot 95. 111 Sundown Circle - The owner and aoolicant request a of 16'fromthe 100'
minimum lot width required at the front building line to allow a lot width of 84' at the front
buildins line enablins the construct of a ouse 67 feet from the front orooertv line.
Gallatin Municipal Board of Zoning Appeals Meeting Minutes 2
June 28, 2018
o Lot 98. 12 Sundown Circle - The owner and annlicant reouest a variance of 15' from the 100'
1
front of 85' at the
buildins line enab the construction of a house 67 feet from front nronertv line.
Mr. Matthew Wilkinson, Planner II, said the applicant requested four (4) variances. A requirement of 15-
foot wide side yard and a minimum lot width of 100' at the building line is required for a lot in the R-20 -
Low Density Residential District. The variance request is due, in part, to the location of a detention pond
and associated berm on lots 94 and 95 reducing the buildable area of the lots. If approved, the variances
will also allow homes to be built in a uniform setback line with other homes on Sundown Circle.
Mr. Wilkinson explained the reasons for each request. The variance meets six (6) of the 10 standards
when considering a variance request. On Lot 94, placing the home closer to the street creates a need for a
five (5) foot side yard setback variance; however, the detention pond does not affect the side yard.
Regarding the lot width variance on Lot 94,the buildable area is reduced due to the detention pond
leaving only approximately 27 feet of buildable area without encroaching on the berm or pond. On Lot
95, the home could be placed on the lot without encroaching on the berm or the pond. The lot is 100 feet
wide, approximately 94 feet from the front property line, making the buildable portion of the lot 8l feet to
125 feet in depth. On Lot 98, there are no topographical issues that would result in a hardship for the lot.
The lot is 100 feet wide approximately 96 feet from the front property line, making the building portion of
the lot 55 feet to 103 feet in depth.
Mr. Wilkinson said Staff recommends denial of the variances because all of the standards are not met
(Standards A, B, E, and G as described in the report). Baywood Point Partnership was responsible for
platting the Baywood Pointe, Phase 4 lots; therefore, a hardship was not created by someone other than
the owner.
Mr. Steve Bridges, with Bridges Land Surveying, representing the applicant, said prior to this phase, lots
were purchased by Baywood Pointe Partnership. The main reason for the request is Lot 94. The existing
pond footprint was provided by the Engineering Division showing the approved limits of the detention
pond. The pond size may not be reduced. He explained that with the existing requirement, the house
would only be 12 feet from the berm. The applicant is not concerned with the side yard request for Lot
94. Onlots 95 and 98 the request is to allow the homes to line up with existing homes. If the variance is
not approved the home on Lot 98 would appear to be built behind the existing house. If the variance is
approved it would create a consistent look in the alignment of the homes.
Vice Chair Puryear said, as a judicial board, and even though he is sympathetic to the applicant's request,
the board cannot grant a variance without good cause.
Mr. William McCord, Director of Planning, said the resolution was written for approval of the variances.
Mr. McCord said Staff must recommend denying the variance request due to the standards described in
the zoning ordinance. He added that the berm is higher than the house and slopes down from the water,
which is unusual. The pond extends beyond the existing drainage easement.
Gallatin Municipal Board of Zoning Appeals Meeting Minutes 3
June 28.2018
Mr. Bridges said the detention pond was constructed as part of Phase 3 of this development. The home on
Lot 94 will have to be built up so that it is not lower than the berm and pond. The proposed home is
smaller but consistent with the other homes in the neighborhood.
Mr. Wilkinson said the pond was created prior to platting the affected lots. The original developer of
Phase 4 filed for bankruptcy and the construction plans expired, which required a new preliminary plat.
Mr. Bridges said the applicant bought lots that were approved and was told the berm was temporary.
Mr. McCord said the resolution describes the reasons and basis for approval
Vice Chair Puryear opened the public hearing. No one came forward to speak; therefore, Vice Chair
Puryear closed the public hearing.
Vice Chair Puryear motioned to grant the variances requested with exception of the side yard variance on
Lot94.
Ms. Gregory seconded the motion and the motion passed by unanimous vote.
3. Other Business
There was no other business to discuss.
4. Adjourn
There being no further business to discuss, Vice Chair Puryear motioned to adjourn the meeting. Mr.
Schreiner seconded the motion and the motion passed by unanimous vote.
Vice Chair Puryear adjourned the meeting at 6:39 p.m.
Respectfully submitted:
Marianne Mudrak, Board Secretary
Approved
Jimmy Moore, Chair Homer Vaughn, Secretary
AGENDA
Gallatin Municipal Board of Zoning Appeals
Thursday, June 28r2018 Municipal Board of Zoning Appeals - 5:30 p.m.
DR. J. DEOTHA MALONE COUNCIL CHAMBERS CITY HALL
¡ Call to Order
o Invocation
¡ Pledge of Allegiance
o Roll Call
o Approve Prior Minutes
AGD¡[I}Ä
1. GMBZA RESOLUTION NO.2O18-OO3 B.-84'2-ß
BAYWOOD POINTE PH 4A LOTS 94,95,98
BRIDGES LAND SURVEYING
PUBLIC HEARING
THE OWNER AND APPLICANT REQUEST MULTIPLE VARIANCES FROM THE MTINICIPAL
BOARD OF ZONING APPEALS ON THREE (3) LOTS rN THE BAYWOOD POINTE SUBDIVISION,
PHASE 4.A., ZONED R-20 _ LOW DENSITY RESIDENTIAL DISTRICT:
o LOT 94,107 SLINDOWN CIRCLE _ OWNER & APPLICANT REQUEST A VARIANCE OF 22'
+/- FROM THE 1OO' MINIMUM LOT WIDTH REQUIRED AT THE FRONT BUILDING LINE TO
ALLOW A LOT WIDTH OF 78' +I- AT THE FRONT BUILDING LINE ENABLING THE
CONSTRUCTION OF A HOUSE 42' FROM THE FRONT PROPERTY LINE AND A VARIANCE
oF FIVE FEET (5') FROM THE REQUIRED FIFTEEN FOOT (15',) SIDE YARD TO PERMIT A
TEN FOOT (10',) SrDE YARD ON THE NORTH SIDE OF THE pROpERTy.
a LOT 95, 111 SLTNDOWN CIRCLE - OWNER & APPLICANT REQUEST A VAzuANCE OF 16'
+/- FROM THE 1OO' MINIMUM LOT WIDTH REQUIRED AT THE FRONT BUILDING LINE TO
ALLOW A LOT WIDTH OF 84' +/- AT THE FRONT BUILDING LINE ENABLING THE
CONSTRUCTION OF A HOUSE 67' FROM THE FRONT PROPERTY LINE.
LOT 98, 112 SL|NDOWN CIRCLE _ OV/NER & APPLICANT REQUEST A VARIANCE OF 15'
+/- FROM THE 1OO' MINIMUM LOT WIDTH REQUIRED AT THE FRONT BUILDING LINE TO
ALLOV/ A LOT WIDTH OF 85' +/- AT THE FRONT BUILDING LINE ENABLING THE
CONSTRUCTION OF A HOUSE 67 FEET FROM THE FRONT PROPERTY LINE.
)2 OTHER BUSINESS
3. MOVB TO AÐJOURN ËHH!8UT A
Item 1 GMBZA Resolution No. 2018-04
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A LIMITED
CHILD CARE FACILITY FOR ENCHANTE CHILD DEVELOPMENT CENTER, PER
SECTION 07.02.010.C OF THE GALLATIN ZONING ORDINANCE, ON A 0.770 ACRE
+/- LOT ZONED MRO- MULTIPLE RESIDENTIAL OFFICE, LOCATED AT 1181
NASHVILLE PIKE. (B-8855-18)
WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL
BOARD OF ZONING APPEALS considered the Conditional Use Permit request for a Limited
Child Care use at 1181 Nashville Pike submitted by the applicant, Dawn Wortman, at its regular
meeting on July 23, 2018; and
WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL
BOARD OF ZONING APPEALS reviewed the application materials and supporting
documentation submitted by the applicant, the analysis, findings and recommendations presented
by City Staff and in the Municipal Board of Zoning Appeals Staff Report and evidence and
testimony presented during the meeting; and
WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL
BOARD OF ZONING APPEALS is required in its deliberations, pursuant to Gallatin Zoning
Ordinance § 15.04.028.F, to indicate the specific section of the Zoning Ordinance of Gallatin,
Tennessee under which the permit is being considered and state specific findings and any special
conditions imposed in granting a Conditional Use Permit; and
WHEREAS, the Zoning Ordinance of Gallatin, Tennessee classifies Limited
Child Care as a Conditional Use in MRO- Multiple Residential Office zone district in §
07.02.010.C and the Special Conditions for a Limited Child Care facilities are described in
Section 15.06.050.A.
NOW, THEREFORE, BE IT RESOLVED BY THE GALLATIN
MUNICIPAL BOARD OF ZONING APPEALS in its deliberations finds that the applicant
meets the Standards for a Conditional Use set forth in Gallatin Zoning Ordinance § 15.06.030, §
15.06.040, & § 15.06.050.A as follows:
Section 1. The Gallatin Municipal Board of Zoning Appeals in its
deliberations finds that the applicant meets the General
Requirements set forth in Gallatin Zoning Ordinance § 15.06.040
as follows:
A. The proposed limited child care facility is designed, located, and proposed to
be operated so that the public health, safety and welfare will be protected;
B. The proposed limited child care facility will not adversely affect other
property in the area in which it is located.
C. The proposed limited child care facility complies with the provisions of
"Conditional Uses" as set forth in the Zoning Ordinance.
D. The proposed limited child care facility conforms to all applicable provisions
of the Zoning Ordinance for the district in which it is to be located and is
necessary for public convenience in that location.
Section 2. The Gallatin Municipal Board of Zoning Appeals in its
deliberations finds that the applicant meets the Special Conditions
for Limited Child and Adult Care Activities set forth in Gallatin
Zoning Ordinance § 15.06.050.A as follows:
1. The proposed Conditional Use located in the MRO Zoning District conforms
to the lot size, setbacks, and lot coverage applicable to the MRO Zoning
District.
2. All other bulk regulations of the district are met for the use in the MRO
district.
3. The limited child care facility is proposed to serve 30 children which requires
a minimum of eight parking spaces.
4. The facility will not allow for the pick-up or drop off of children. Parents will
be required to escort their children inside and out of the building and sign
them in or out, as such a special passenger loading facility will not be
provided. However, the driveway serving the use does require vehicles to
perform a backing movement to exit the parking lot.
5. All public utilities and sewage disposal are available to the site and are subject
to approval of the Public Utilities Department.
6. All regulations of the State of Tennessee that pertain to the use shall be met.
7. The facility is located so as to be compatible with the surrounding area and
provides safety to those using the facility by constructing bufferyards and
fencing.
8. Fencing, screening, and landscaping is provided as required by Article 13.00
of the Zoning Ordinance appropriate to protect the surrounding area for such
facility and the clients of the facility.
9. Upon the approval by the Board of Appeals, the site and architectural plans
for such a facility shall be approved by the Planning Commission taking into
account the above conditions as well as any other pertinent factors.
BE IT FURTHER RESOLVED THAT THE CITY OF GALLATIN,
TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS approves a Conditional Use
Permit request for a Limited Child Care use at 1181 Nashville Pike per Section 07.02.010.C of
the Zoning Ordinance of the City of Gallatin, Tennessee with the following conditions:
1. The proposed Conditional Use Permit shall be substantially consistent with
the six (6) sheet submittal for Enchante Child Development Center
Conditional Use Permit, stamp dated July 12, 2018.
2. The use at 1181 Nashville Pike shall be limited to a Limited Child Care
facility of not more than 30 person occupancy.
3. Submit a Site Plan to the Planning Department complying with Article 15,
Section 15.03.020 and Section 15.06.050.A for Planning Commission review
and approval. No changes to the building or site may be made without Site
Plan approval. The landscaping approved as a part of the Bart Bagsby FMDP
(8-58-05) shall be restored.
4. Obtain a Life Safety inspection prior to the issuance of a Certificate of
Occupancy from the Building Codes Department.
BE IT FURTHER RESOLVED BY THE CITY OF GALLATIN,
TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS that this resolution shall take
effect from and after its final passage, the public welfare requiring such.
IT IS SO ORDERED.
PRESENT AND VOTING
AYE:
NAY:
DATED: 7/26/18
____________________________
Jimmy Moore, Chair
____________________________
Homer Vaughn, Secretary
APPROVED AS TO FORM:
__________________________________
Susan High-McAuley
City Attorney
ITEM 1
PLANNING DEPARTMENT STAFF REPORT
Enchante Child Development Center Conditional Use Permit Request
1181 Nashville Pike; (B-8855-18)
Date: July 26, 2018
PUBLIC HEARING
REQUEST: THE OWNER AND APPLICANT REQUEST APPROVAL OF A CONDITIONAL
USE PERMIT FOR A LIMITED CHILD CARE FACILITY FOR ENCHANTE CHILD
DEVELOPMENT CENTER, PER SECTION 07.02.010.C OF THE GALLATIN ZONING
ORDINANCE, ON A 0.770 ACRE +/- LOT ZONED MRO- MULTIPLE RESIDENTIAL
OFFICE, LOCATED AT 1181 NASHVILLE PIKE. (B-8855-18)
OWNER: Choice One Insurance Services LLC (Brant Hall)
APPLICANT: Dawn Wortman
STAFF RECOMMENDATION: Approval of GMBZA Resolution 2018-04 as described
below
STAFF CONTACT: Matthew Wilkinson
MBZA MEETING DATE: July 26, 2018
PROJECT OVERVIEW:
The owner and applicant request approval of a Conditional Use Permit for a Limited
Child and Adult Care Facility for Enchante Child Development Center, per Section
07.02.010.C. of the Gallatin Zoning Ordinance, on a 0.770 acre +/- lot, zoned MRO-
Multiple Residential Office, located at 1181 Nashville Pike (Attachment 1-1).
The proposed child care facility will be licensed for a capacity of 30 children and will
operate between 7:00am and 5:00pm with no evening hours. The use will include a
fenced outdoor play area adjacent to the building (Attachment 1-2). The vacant
building was previously used by a law firm.
Limited Child and Adult Care requires a conditional use permit in the MRO zone
district. Additionally, Section 15.06.050.A of the Gallatin Zoning Ordinance includes
additional requirements for Limited Child and Adult Care uses. The surrounding
property owners were notified by mail about the Conditional Use Permit request.
Staff recommends approval of Resolution 2018-04 provided that sufficient evidence
is provided by the applicant that warrant a waiver of the required circulation design
(pick up/ drop off).
Enchante Child Development Center Conditional Use Permit Request (B-8855-18) July 26, 2017
CASE BACKGROUND:
Previous Approvals
On March 12, 1946 the subdivision plat for the Leeland Heights (PB 1 PG 28), including Lot
3, which comprises the subject property, was recorded. The county assessor’s records
indicate that the building on the lot was constructed in 1950.
In October of 2005, the Planning Commission approved the Bart Bagsby FMDP for the
property, which converted the residence to a commercial use (8-58-05). The site approving
the existing parking layout, and approving a landscaping plan for the property. In 2007, a
revision to the approved landscaping plan was approved, altering the approved species of
plants to be planted (Attachment 1-3).
In October of 2006, a revised FMDP was submitted to the Planning Department for an
addition and revised parking layout on the property (8-51-06). The revised FMDP was
withdrawn and not reviewed by the Planning Commission.
DISCUSSION:
Analysis
The owner and applicant request approval of a Conditional Use Permit (CUP) for a Limited
Child and Adult Care Facility for Enchante Child Development Center at 1181 Nashville
Pike. The building on the property has 30,200 square feet and will be fully occupied by the
child care provider.
Section 07.02.010.C of the Gallatin Zoning Ordinance requires a CUP for a Limited Child
and Adult Care facility in the MRO zone district. The applicant proposes to convert the
existing building to a child care facility and provide a secure playground area adjacent to
the building.
Per Section 07.02.010.B of the Gallatin Zoning Ordinance the following setbacks are
required for non-residential site development in the MRO district:
Minimum Front Yard 10’
Minimum Building Setback from All Streets 10’
Minimum Side Yard 10’
Minimum Rear Yard 20’
The proposed use and existing building complies with all bulk regulations in the Zoning
Ordinance.
Site Plan Required
Gallatin Zoning Ordinance, Section 15.06.050.A.a, Special Conditions for Limited Child and
Adult Care Facilities, requires upon approval of the CUP, that site and architectural plans
for the facility must be approved by the Planning Commission. No exterior façade changes
are indicated at this time. The majority of the building is brick with a complex hipped roof.
No site or exterior façade changes will be made to the existing site without Site Plan
approval. A building permit must be obtained from the Building Department prior to any
structural, interior changes. The owner and applicant shall comply with all State Building
and Fire Code requirements for a child care facility. The facility will also comply with all
2
Enchante Child Development Center Conditional Use Permit Request (B-8855-18) July 26, 2017
Department of Human Services and Department of Children’s Services requirements for
daycare facilities. This site plan will address specific development items necessary
regarding the proposed fencing around the secured play area, as well as any landscaping
installation or replacement.
Parking
In the Gallatin Zoning Ordinance, Section 15.06.050.A, Special Conditions for Limited Child
and Adult Care Facilities requires one accessory off-street parking space for each five
persons accommodated in the facility; however, the off street parking regulations for a
daycare facility (Section 11.03 of the Gallatin Zoning Ordinance) require a minimum of one
parking space for every four persons and a maximum of one parking space per every four
persons plus one parking space per employee. The facility will permit a maximum capacity
of 30 persons, which requires a minimum of eight parking spaces including one ADA
parking space. The existing parking lot contains 12 spaces, including one ADA parking
space (Attachment 1-2). The ADA space must conform to current ADA standards.
Another requirement under the Special Conditions for Limited Child and Adult Care
Facilities, Section 15.06.050.A, also requires a special passenger loading/unloading facility
so that passengers can be picked up or delivered. This requires a driveway that does not
require any back-up vehicle movements to enter or exit the lot. The plan does not comply
with this design standard, so the applicant is requesting a waiver from this special
condition, as their business model does not allow for the pick-up or drop off of children.
Parents will be required to escort their children inside and out of the building and sign them
in or out (Attachment 1-2).
Sign
No signs are proposed at this time. If the applicant or property owner decides to install
signs in the future, a sign permit shall be required prior to the installation of any signs on
site, including on the building façade. The location of the sign will be addressed during the
site plan review.
Other Departmental Comments
All comments received by other departments have been addressed.
Neighbor Concerns
Concerns about noise created by the outdoor play area were raised by a neighboring
residential property owner (Attachment 1-4). However, it is unlikely that noise generated by
children playing. Chapter 10, Article IV, Noise of the Gallatin Municipal Code only regulates
yelling, shouting, whistling, or singing on public streets between the hours of 11:00pm and
7:00am. The play area is located on private property and the hours of operation for the
facility will be between 7:00am and 5:00pm. There is additional considerations regarding
the prohibition of any unreasonable loud or unnecessary noise of such character, intensity,
or duration as to be detrimental to the life or health of any individual, or in disturbance of
the peace and welfare. However, it is highly unlikely that the noise generated by children at
play will be considered under those parameters. The noise standard within the Municipal
Code, Chapter 10, Article IV between the hours of 7:00am and 6:00pm is 75dB(A).
3
Enchante Child Development Center Conditional Use Permit Request (B-8855-18) July 26, 2017
Findings
The applicant submitted responses addressing the Special Conditions, pertaining to the
proposed Conditional Use Permit for a Limited Child Care facility, which are included in the
packets of information for the board members and in the Resolution.
General Requirements for Conditional Use Permit
Section 15.06.040 of the Gallatin Zoning Ordinance outlines the general requirements for
granting a Conditional Use Permit. The applicant’s request meets the general requirements
as listed below. A Conditional Use Permit shall be granted provided that the Board finds
that it:
A. Is so designed, located, and proposed to be operated so that the public health, safety
and welfare will be protected;
• The request for a Conditional Use Permit for a Limited Child Care facility at 1181
Nashville Pike will not significantly impact the public health, safety, or welfare of the
area. The use will occur within an existing building and will not generate traffic
volumes that will overwhelm the transportation system. The only site changes
proposed are the addition of a secure play area on the east side of the lot, which will
be enclosed with a fence. Additional landscaping may be added to the site if the
existing landscaping is found to be deficient for meeting the landscaping
requirements of the site.
• Adequate parking exists for the limited child care facility on the lot. Parking for the
will take place in the existing parking lot on the lot. The required pick up/ drop off
area is not provided. The applicants are requesting a waiver from this requirement.
• The child care facility will not create unusual noise, light or other adverse conditions
which would violate the Performance Standards Regulations of the Gallatin Zoning
Ordinance, Section 13.02.
B. Will not adversely affect other property in the area in which it is located;
• With the exception of the possibility of intermittent noise associated with the
playground, the child care facility activities will primarily occur in an existing building
on the property and this activity should not adversely affect other properties in the
area. The child care facility will utilize a fenced play area.
C. Is within the provisions of "Conditional Uses" as set forth in this Ordinance;
• Limited Child Care is a permitted Community Facility activity by conditional use
permit in the MRO zone district per Section 07.02.010.C of the Gallatin Zoning
Ordinance.
D. Conforms to all applicable provisions of this Ordinance for the district in which it is to be
located and is necessary for public convenience in that location.
4
Enchante Child Development Center Conditional Use Permit Request (B-8855-18) July 26, 2017
• This property complies with all applicable provisions of the Gallatin Zoning
Ordinance, with the exception of the pick-up/ drop off facility design requirement.
The applicant is requesting a waiver from as this design standard since the
operation will not allow for the pick-up or drop off of children to the facility.
RECOMMENDATION
Staff recommends approval of Resolution 2018-04 provided that sufficient evidence is
provided by the applicant that warrant a waiver of the required circulation design (pick up/
drop off).
ATTACHMENTS:
Attachment 1-1 Location Map
Attachment 1-2 Conditional Use Permit Site Plan and Applicant Submittal
Attachment 1-4 Approved Landscape Plan for Bart Bagsby FMDP (8-58-05)
Attachment 1-3 Letter from neighboring property owner
5
Attachment 1-1
B-8855-18
Attachment 1-2
Address: 1181 Nashville Pike
City, State, ZIP: Gallatin, TN 37066
County: Sumner
Purpose of site plan: Conditional Use Permit
Scale:
1" = 30'
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B-8855-18
Attachment 1-2
Site
Data
Table
Listing:
Project
Name:
Enchante
Child
Development
Center
Project
Address:
1181
Nashville
Pike,
Gallatin
TN
37066
Property
Owner
Name:
Choice
One
Insurance
Services
LLC
Property
Owner
Address:
776
E
McMurry
Blvd,
Hartsville
TN
37074
Current
Zoning:
MRO
Tax
Map/Parcel
#:
125M
B
005.00
Size
of
Parcel:
0.770
Acres
Building
Sq.
Ft.:
2218
Building
Description:
Brick
veneer
Signage:
Lighted
panel
sign,
mounted
in
brick
frame.
(85”W
x
48”H
x
10”
D
Proposed
Setup:
4
Classrooms,
Art
Studio,
Office,
Meeting/Gathering
Room
Licensed
Capacity:
30
Parking
Spaces:
12
–
Meets
minimum
requirement
of
1
per
5
persons.
Handicapped
Parking
Space:
1
Required
Setbacks:
Front
–
20’,
Sides
–
10’,
Back
–
15’
FEMA
Note:
A
review
of
FEMA
Flood
insurance
Rate
Map,
Community
Panel
No.
47165C0426G
shows
no
part
of
this
property
to
be
located
within
the
100-‐year
floodplain;
effective
date
4/17/12.
Trash
Collection:
City
Toter
Financial
Responsibility:
The
owner
of
this
property
is
responsible
for
all
financial
matters.
Performance
Standards:
All
construction
and
use
of
the
proposed
facility
to
meet
the
applicable
performance
standards
as
set
forth
in
the
city
of
Gallatin
Zoning
Ordinance,
Section
13.02.
Location
of
easements
(P.U.D.E.s):
There
are
no
“recorded
easements”
for
this
property.
Public
Utilities
Dept
has
been
contacted
and
property
will
be
flagged
to
identify
exact
location
of
utility
lines
on
7/13/18.
B-8855-18
Attachment 1-2
B-8855-18
Attachment 1-2
Business
Name:
Enchante’
Child
Development
Center
Property
Location:
1181
Nashville
Pike,
Gallatin
TN
37066
Enchante’
Child
Development
Center
will
meet
the
specific
standards
and
special
conditions
for
the
proposed
use
contained
in
Section
15.06.030.
Section
15.06.040
• Business
is
designed,
located
and
will
be
operated
to
meet
all
public
health,
safety
and
welfare
requirements.
• Business
will
not
adversely
affect
other
properties
in
the
area.
• Business
is
within
the
provisions
of
“Conditional
Uses”
as
set
forth
in
zoning
ordinance.
• Business
conforms
to
all
applicable
provisions
of
zoning
ordinance
for
the
district
in
which
it
is
to
be
located
and
is
necessary
for
public
convenience
in
that
location.
Section
15.06.050
(A)
• Property
zoned
MRO,
lot
size,
setbacks
and
lot
coverage
shall
conform
to
those
applicable
to
the
zoning
district.
• Property
conforms
to
all
applicable
regulations
of
the
district.
• One
accessory
off-‐street
parking
space
for
each
five
persons
accommodated
in
the
facility
shall
be
provided.
• Drop-‐off
is
not
allowed.
Parent/Guardian
must
accompany
child
into
and
out
of
facility.
Daily
sign-‐in
and
sign-‐out
required.
• All
public
utilities
and
sewage
disposal
is
available
to
the
site.
• All
regulations
of
the
State
of
Tennessee
that
pertain
to
use
shall
be
met.
• Facility
shall
be
located
so
as
to
be
compatible
with
the
surrounding
area
and
provide
safety
to
those
using
the
facility.
• All
required
fencing,
screening
and/or
landscaping
shall
be
provided
as
required
by
Article
13.00
of
the
Zoning
Ordinance
and
as
appropriate
to
protect
the
surrounding
area
for
such
facility.
B-8855-18
Attachment 1-2
7/12/18
City
of
Gallatin
Planning
Department
132
West
Main
St
Gallatin,
TN
37066
RE:
Project
#B-‐8855-‐18
Enchante’
Child
Development
Center
Conditional
Use
Permit
Application
Statement
of
General
Requirements:
1. Enchante’
Child
Development
Center
is
designed,
located
and
proposed
to
be
operated
so
that
the
public
health,
safety
and
welfare
of
all
will
be
protected.
2. Enchante’
Child
Development
Center
will
not
adversely
affect
other
properties
in
the
area
in
which
it
is
located.
Hours
of
operation
are
7:00AM
–
5:00PM,
no
evening
hours.
3. Enchante’
Child
Development
Center
is
within
the
provisions
of
“Conditional
Uses”
as
set
forth
in
Gallatin
Zoning
Ordinance.
4. Enchante’
Child
Development
Center
conforms
to
all
applicable
provisions
of
Gallatin
Zoning
Ordinance
for
the
district
in
which
it
is
to
be
located
and
is
necessary
for
public
convenience
in
that
location.
Pamela
Gray
Dawn
Wortman
Director/Owner
Owner
B-8855-18
Attachment 1-2
B-8855-18
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Attachment 1-4
Matthew Wilkinson
From: William McCord (Planning)
Sent: Monday, July 16, 2018 4:56 PM
To: Matthew Wilkinson
Cc: Robert Kalisz (Planning)
Subject: FW: Lions Club meeting on the 24th
Please save this to the CUP file and include as an attachment to the staff report.
From: Dempsey [mailto:rddempsey@gmail.com]
Sent: Monday, July 16, 2018 1:23 PM
To: William McCord (Planning) <william.mccord@gallatintn.gov>
Subject: Lions Club meeting on the 24th
The Mayor has been invited to the meeting by a member, for your information.
Also I am very concerned about the daycare center proposed for Nashville Pike next to Green Little office. It is right
behind my house. The lot is small for all the activity: parking cars, safe traffic in and out of property, small playground
(not sure about what is required), exit and entrance onto Nashville Pike is dangerous, 28 children seems too many for
the size of building and lot size, and the sound of children playing outside from about 7:00 AM till 5:00 PM is my most
critical concern as related to my (and others) residence.
I don’t think it is an appropriate conditional use for that area.
Virus-free. www.avg.com
B-8855-18 1
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