Municipal Board of Zoning Appeals

NOTICE Pursuant to the Governor’s Executive Orders #16 and #34 and the need to limit the community spread of COVID-19, members of the Municipal Board of Zoning Appeals will participate by electronic means and the meeting will be livestreamed to protect the public health, safety and welfare of the members and citizens of Gallatin The Gallatin Municipal Board of Zoning Appeals will be held at 5:30 on Thursday, June 25, 2020 by electronic means. All interested members of the public and applicants may participate by going to: https://us02web.zoom.us/j/89037113382 Or by calling (470) 381-2552; Conference ID 890 3711 3382 Public comment can be made before the meeting via: Email- josh.king@gallatintn.gov Phone- (615) 543-1603 Or by joining the meeting linked above All participants are encouraged to familiarize themselves with the user interface before the meeting.  Agenda Gallatin Municipal Board of Zoning Appeals Thursday, June 25, 2020 Municipal Board of Zoning Appeals - 5:30 p.m. DR. J. DEOTHA MALONE COUNCIL CHAMBERS GALLATIN CITY HALL • Call to Order • Invocation • Pledge of Allegiance • Roll Call • Minutes: May 21, 2020 Municipal Board of Zoning Appeals Meeting REGULAR AGENDA 1. GMBZA RESOLUTION NO. 2020-007 CUP-2020-0004 630 TULIP CIRCLE – CONDITIONAL USE PERMIT TIM GRAVES THE OWNER AND APPLICANT REQUEST APPROVAL OF A CONDITIONAL USE PERMIT FOR A MULTI-FAMILY DWELLING, ON 1.3 +/- ACRES, ZONED R-10, LOCATED AT 630 TULIP CIRCLE. 2. OTHER BUSINESS 3. ANNOUNCEMENTS 4. MOVE TO ADJOURN  MINUTES OF THE GALLATIN MUNICIPAL BOARD OF ZONING APPEALS MEETING May 21, 2020 Pursuant to the Governor’s Executive Order #16 and the need to limit the community spread of Covid-19, members of the Municipal Board of Zoning Appeals participated by electronic means and the meeting was live streamed to protect the public health, safety and welfare of the members and citizens of Gallatin. Members Present Staff Present Jimmy Moore, Chair William McCord, Director of Planning - Remote Jeannie Gregory - Remote Josh King, Assistant Director of Planning- Remote John Puryear - Remote Dustin Shane, Planner II -Remote Jennifer Dunbar, Zoning Administrator–Remote Leticia Alexander, Staff Attorney - Remote Marianne Mudrak, Board Secretary - Remote Absent Others Present Drew Schreiner, Vice Chair Applicants - Remote The Gallatin Municipal Board of Zoning Appeals met in a regular meeting on Thursday, May 21, 2020, at 5:30 p.m., in the Dr. J. Deotha Malone Council Chambers of Gallatin City Hall and remotely. Mr. Jimmy Moore, Chair, called the meeting to order. A copy of the meeting agenda is attached to these minutes as Exhibit A. Chair Moore led the invocation and the pledge of allegiance. Ms. Mudrak called the roll. Chair Moore deferred election of a new secretary until all the members are present. He asked the Board to recommend any citizen who may want to become a Board member. Ms. Gregory suggested a 40 year resident who may want to be appointed to the Board. Mr. Puryear said he knows this person and believes she is very knowledgeable. Chair Moore read the following statement: Pursuant to the Governor’s Executive Order #16 and the need to limit the community spread of Covid-19, members of the Municipal Board of Zoning Appeals participated by electronic means and the meeting was live streamed to protect the public health, safety and welfare of the members and citizens of Gallatin. Mr. Puryear motioned to hold this meeting by electronic means. Ms. Gregory seconded the motion and the motion passed by roll call vote of 3 ayes; 0 nays. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 2 May 21, 2020 Agenda Item 1: GMBZA Resolution No. 2020-0005 – 1194 Blackshear Drive – Variance (VAR-2020-0005) – Vivian Huntsman – The owner and applicant request a variance of 2 feet from the maximum height for a fence in the rear yard per section 12.01.020.C.5.A, to allow an 8 foot tall fence in a rear yard and a variance per section 12.01.020.C.3 to allow a fence with the finished side facing inward, on a 2.2 +/- acre lot , zoned R40 - Low Density Residential District, located at 1194 Blackshear Drive. (This item was continued from the April 23, 2020 Municipal Board of Zoning Appeals meeting) Ms. Jennifer Dunbar, Zoning Enforcement Officer, presented the case and said this item was brought to the attention of the Planning Department because of the height of the fence and that the finished side faces inward. The applicant was contacted and she stated she did not know she needed a permit for the fence. Her home is adjacent to two commercial properties, and one residential property. The applicant is happy to make changes to come in to compliance with the zoning ordinance. There is an eight (8) foot sanitary sewer line at the back of this property. She is opposed to deeding two (2) feet of the property to the adjacent commercial properties as previously suggested by the Board. Staff does not recommend approval of Resolution 2020-0005; however, the discovery of the sanitary sewer line requires the Municipal Board of Zoning Appeals to reconsider the variance. Ms. Mandy Belote, attorney representing the applicant, said the poles shown in the photos are temporary supports of the fence and will be removed when the fence is completed. The applicant has not moved forward with the fence since she was notified by the City to stop work. She said there is a lot of vegetation along the property line and if the fence is moved some large trees would have to be removed. With the discovery of the sewer line, moving the fence is not an option. A petition was signed by seven (7) neighbors supporting the fence as constructed. The owner of the residential property behind the applicant said she is not sure how long she will live in the home and, if sold, it will become commercial property. Ms. Belote said Ms. Huntsman plans to landscape along the fence. The fence keeps the neighborhood safe from the commercial areas and buffers the noise from Nashville Pike. She added that a suggestion made by a Board member to reinstall the fence at six (6) feet high along the residential home would be more aesthetically displeasing than leaving the entire fence eight (8) feet tall. The applicant has already invested approximately $10,000 in the fence. Chair Moore asked if the sewer line runs along this property. Ms. Dunbar verified that when the boundaries were researched, staff discovered that Gallatin Public Utilities has a sewer line along the border. If the applicant applies for a permit, it would be denied because of the sewer. Mr. King said a public hearing is not necessary because one was held on this case at the April Municipal Board of Zoning Appeals meeting. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 3 May 21, 2020 Mr. Puryear motioned to suspend the rules to take public comments. Ms. Gregory seconded the motion and the motion passed by roll call vote of 3 ayes; 0 nays. Ms. Kathy Wright, adjacent property owner, said she has lived in her home for 36 years and has no plans to move. She said she is not happy with this fence because it is unsightly. She opposes the eight (8) foot height. Ms. Vivian Huntsman, applicant, said she has already spent $15,000 on the fence. She said she offered to provide landscaping to the back side of the fence facing Ms. Wright’s property. She asked that the fence be left in its current location. Ms. Wright said she refused the shrubs offered by Ms. Huntsman because she thought the fence was going to be six (6) feet high and finished on her side. Mr. William McCord, Director of Planning, said the resolution is written for approval of the fence; however, staff does not recommend approval of the fence unless it is brought into compliance and a permit is obtained. Ms. Belote said the applicant did not realize that she needed a permit. The applicant is asking for a variance because flipping the fence would be aesthetically displeasing to most of the neighborhood and only one neighbor is opposed to the 8 foot tall fence. She said the applicant is willing to reduce the height of the section along Ms. Wright’s property to six (6) feet high. However, building the fence at different heights would be aesthetically displeasing. Ms. Gregory said a Google search shows that there is ample notification that a permit is required for a fence in Gallatin. She said Ms. Huntsman’s fence contractor should have checked to see if a permit was required. Mr. Puryear said he agrees that the fence contractor did Ms. Huntsman as disservice. He suggested that the fence be allowed at the eight (8) foot height but to construct a double-sided fence adjacent to Ms. Wright’s lot and landscape that section of the fence with an R20 bufferyard. He explained that an R20 buffer consists of one deciduous tree every 75 feet, 3 evergreens every 60 feet in triangle spacing and two small deciduous trees every 75 feet. If Ms. Wright’s property is zoned commercial, in the future, the fence and bufferyard would be in compliance. Mr. Puryear motioned to approve the variance but require the fence along Ms. Wright’s property to be double sided and require that an R20 bufferyard be planted along the homeowner’s (south side) of the fence. Ms. Gregory seconded the motion. Ms. Gregory said if the fence contractor is licensed and bonded he is responsible for bringing the fence into compliance and obtaining a fence permit without additional cost to Ms. Huntsman. Chair Moore asked Ms. Belote if the applicant agrees to Mr. Puryear’s suggestion. Ms. Belote said in the last Board meeting a duplex was approved on a non-comforming lot. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 4 May 21, 2020 Chair Moore said the cases are very different and said the prior case should not be discussed at this meeting. Ms. Belote asked to clarify the motion that the fence height would be approved at eight (8) feet; however, the fence would be double sided along Ms. Wright’s property with an R20 bufferyard. Mr. Puryear said Ms. Belote is correct. He read a portion of the zoning ordinance related to this case. Mr. McCord asked for clarification on the motion that the fence would be double-sided only along Ms. Wright’s property. And asked if the Type 20 bufferyard is the whole length of the property. Mr. Puryear verified his motion and added that the R20 buffer would be along the entire length of the fence. Mr. Puryear restated his motion. He said his motion is to approve the variance with two (2) conditions, the section of fence adjacent to Ms. Wright’s property line be constructed as a double-sided fence and an R20 bufferyard be planted along the entire length of the fence. The Municipal Board of Zoning Appeals voted on the motion and the motion passed by roll call vote of 2 ayes; 1 nay (Ms. Gregory) Ms. Belote asked about a timeline for planting the bufferyard. Mr. Puryear said the property is not irrigated and the plantings should be installed in the fall; however, he suggested a surety be submitted to insure the plantings would be installed in the fall. Ms. Belote asked the amount of the surety. Mr. King said a copy of a valid contract to install the plantings within a six (6) month period would be sufficient; however, Mr. McCord will review the zoning ordinance and determine if a surety is required. Mr. Puryear said the fence code does not mention structural integrity. He suggested that the fence posts be installed with concrete. Ms. Belote said the fence posts are placed in concrete. Mr. McCord said an eight (8) foot tall fence requires a permit from the Building Department. The fence will have to comply with the wind-load standards for an eight (8) foot height. Item 2: Other Business Ms. Gregory motioned to approve the April 23, 2020 Municipal Board of Zoning Appeals meeting minutes. Mr. Puryear seconded the motion and the motion passed by roll call vote of 3 ayes; 0 nays. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 5 May 21, 2020 Item 3: Announcements Mr. King said MTAS has training opportunities for Municipal Board of Zoning Appeals members and there are also online training opportunities available. Item 4: Adjourn There being no further business to discuss, Chair Moore adjourned the meeting at 6:25 p.m. Respectively Submitted: ________________________________ Marianne Mudrak, Board Secretary Approved: ________________________________ Jimmy Moore, Chair  GMBZA Resolution No. 2020-007 A RESOLUTION OF THE CITY OF GALLATIN MUNICIPAL BOARD OF ZONING APPEALS APPROVING A CONDITIONAL USE PERMIT FOR A DWELLING, TWO FAMILY – DUPLEX RESIDENTIAL USE, ON A 1.45 +/- ACRE ZONED LOT, ZONED R10– MEDIUM DENSITY RESIDENTIAL, LOCATED AT 620 TULIP CIRCLE (TAX MAP 112P, GROUP A, PARCEL 026.00) (CUP-2020-0004). WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS considered the Conditional Use Permit request for 620 Tulip Circle, a Dwelling, Two Family – Duplex residential use, located at 620 Tulip Circle, submitted by the applicant, Tim Graves, on June 25, 2020; 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 the evidence and testimony presented during the meeting; and held a public hearing as required by Article 15, Section 15.06.020 G.Z.O.; and WHEREAS, THE CITY OF GALLATIN MUNICIPAL BOARD OF ZONING APPEALS is required in its deliberations, pursuant to Gallatin Zoning Ordinance Section 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 Section 06.06.020.C of the Zoning Ordinance of Gallatin, Tennessee classifies Dwelling, Two Family – Duplex as a Conditional Use in the R10–Medium Density Residential zone district, and the Board of Zoning Appeals considers the use to comply with the General Requirements and Special Conditions for Multi-Family Residential facilities in Residential Districts as described in Section 15.06.040 and Section 15.06.080.A. NOW, THEREFORE, BE IT RESOLVED THAT 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 Sections 15.06.030, 15.06.040 and 15.06.060 as follows: Section 1. The Gallatin Municipal Board of Zoning Appeals in its deliberations finds that the applicant meets the General Requirements for a Conditional Use Permit and Special Conditions for Multi-Family Residential Activities set forth in Gallatin Zoning Ordinance §15.06.040 and §15.06.080.A as follows: The proposed dwelling-two unit structure will be located on a lot that exceeds the minimum lot size required for such use and will meet bulk and area requirements of the district and the use and provide on-site parking sufficient for the use of the property.  1. Traffic generation will be no greater than if developed with two permitted one- unit detached dwelling units and school children generated by the use will be no greater than if two one dwelling attached units were developed on the property. The property has adequate infrastructure available to support the proposed use and the zoned lot is sufficiently suitable for placement of more than one dwelling unit. The use is so designed, located, and proposed to be operated so that the public health, safety, and welfare will be protected since the impact of the duplex will not adversely impact density in the neighborhood or create traffic congestion, increase flooding, or create the potential to adversely affect school capacity issues. 2. The use will not adversely affect other property/lots in the area since the lot could be developed with more than one single family home due to the size of the lot (1.45 +/- acres) in the R-10 zoning district. 3. The proposed dwelling-two family use is a permitted use a Conditional Use Permit in the R-10 zone district provide sufficient lot area is provided the structure meets area and bulk requirements of the code. 4. The proposed dwelling-two family use will comply with all requirements of the code with conditions imposed as authorized by 15.06.030 G.Z.O. BE IT FURTHER RESOLVED THAT THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS approves a Conditional Use Permit request for a Dwelling, Two Family – Duplex residential use located at 620 Tulip Circle (Tax Map 112P, Group A, Parcel 026.00) with the following conditions: 1. The Conditional Use Permit shall be consistent with the one (1) sheet Conditional Use Permit plan prepared by Tim Graves of Gallatin, TN, dated May 28, 2020 indicating structures joined together on a single structure. The plan shall be modified to include: • The site data table with applicant and owner name and address, zoning, tax parcel number, and the required yards/setbacks. • The number of dwelling units proposed. • The location of HVAC equipment. • Revise the parking table to show three (3) parking spaces for Unit A. • The zoning for all adjacent properties. • Labeling all building materials to be used to provide for connecting the structure. 2. Submit a building permit application for review and approval to the Gallatin Building Codes Department. 3. The use of the subject property for the Conditional Use Permit shall be limited to a Dwelling, Two Family – Duplex residential use on Tracts 1 and 2, Green Acres No. 2 Subdivision (Plat Book 1, Page 145) at 620 Tulip Circle and accessory uses associated with the duplex residential use. 4. Submit two (2) half-size corrected and folded copies, including one digital copy (PDF), of the Conditional Use Permit plans to the Planning Department for review and approval.  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: 6/25/20 ____________________________ Jimmy Moore, Chairman ____________________________ Homer Vaughn, Secretary APPROVED AS TO FORM: _________________________________ Susan High-McAuley City Attorney  ITEM 1 PLANNING DEPARTMENT STAFF REPORT Conditional Use Permit for 620 Tulip Circle (Tracts 1 and 2, Green Acres No. 2 Subdivision—P.B. 1, Pg. 145) (CUP-2020-0004) Located at 620 Tulip Circle Date: June 25, 2020 PUBLIC HEARING REQUEST: OWNER AND APPLICANT REQUEST APPROVAL OF A CONDITIONAL USE PERMIT FOR 620 TULIP CIRCLE (TRACTS 1 AND 2, GREEN ACRES NO. 2 SUBDIVISION—P.B. 1, PG. 145), TO PERMIT A DWELLING, TWO FAMILY - DUPLEX DEVELOPMENT, PER SECTION 06.06.020.C OF THE GALLATIN ZONING ORDINANCE, ON A 1.45 +/- ACRE ZONED LOT (TAX MAP 112P, GROUP A, PARCEL 026.00), ZONED R10–MEDIUM DENSITY RESIDENTIAL, LOCATED AT 620 TULIP CIRCLE. OWNER: LEONARD CHALLENGER APPLICANT: TIM GRAVES STAFF RECOMMENDATION: RECOMMEND APPROVAL OF GMBZA RESOLUTION NO. 2020-007 STAFF CONTACT: DUSTIN SHANE, AICP MBZA MEETING DATE: JUNE 25, 2020 PROPERTY OVERVIEW: Owner and applicant request approval of a Conditional Use Permit for 620 Tulip Circle (Tracts 1 and 2, Green Acres No. 2 Subdivision—P.B. 1, Pg. 145), to permit a Dwelling, Two Family - Duplex development, per section 06.06.020.C of the Gallatin Zoning Ordinance, on a 1.45 +/- acre zoned lot (Tax Map 112P, Group A, Parcel 026.00), zoned R10– Medium Density Residential, located at 620 Tulip Circle. The development will consist of a two-family (duplex) residential structure with five (5) parking spaces (Attachment 1-1 and Attachment 1-2) A Dwelling, Two Family - Duplex use requires a Conditional Use Permit in the R10 zone district. The adjacent property owners were notified by mail about the Conditional Use Permit request and a sign was posted on the site. A Public Hearing shall be held on the item at the meeting. Staff recommends approval of the Conditional Use Permit request with the conditions listed on GMBZA Resolution No. 2020-007 CASE BACKGROUND: Property History and Previous Approvals On October 27, 1954, Green Acres No. 2 Subdivision was recorded with the Sumner County Register of Deeds (P.B. 1, Pg. 145). The subject property is comprised of Tracts 1 and 2, totaling 1.45 +/- acres. CUP for 620 Tulip Circle (CUP-2020-0004) June 25, 2020 In 1969, the property was zoned “Low Density Residential” (or Residential A). Under the 1972 Zoning Ordinance, multiple family dwellings were a permitted use in the Residential A district. On May 1, 1979, the City Council adopted a new Zoning Ordinance and Map (Ordinance No. 079- 92). The Green Acres Subdivision area was rezoned to R10–Medium Density Residential. Under the 1979 Zoning Ordinance, two-family dwellings (duplexes) were a permitted use in the R10 district. On July 7, 1998, the City of Gallatin adopted a new Zoning Ordinance (Ordinance No. 09806-035) that changed Dwelling, Two Family from a permitted use to a conditional use in the R10 district. DISCUSSION: Proposed Development The owner and applicant request approval of a Conditional Use Permit for 620 Tulip Circle (Tracts 1 and 2, Green Acres No. 2 Subdivision—P.B. 1, Pg. 145), to permit a Dwelling, Two Family - Duplex development, per section 06.06.020.C of the Gallatin Zoning Ordinance, on a 1.45 +/- acre zoned lot (Tax Map 112P, Group A, Parcel 026.00), zoned R10–Medium Density Residential, located at 620 Tulip Circle. The development will consist of a two-family (duplex) residential structure with six (6) parking spaces. Two structures exist on the property: a 2,100-square foot split-level ranch home built circa 1962 and a two-story 940-square foot structure built at some later date that was previously used as a daycare for some time. The structures were previously connected through a hallway or breezeway which has since been demolished. The applicant proposes to rebuild the connecting hallway between the two houses which will allow them to be classified as a single duplex residential structure and eliminate a potentially non-conforming condition. Otherwise a variance would be required to the required 20- foot building separation. The proposed 3,040-square foot Dwelling, Two Family (duplex) use is an activity that would have a low level of impact on the surrounding properties. Six (6) parking spaces are proposed to be constructed off the rear of the structure at the end of a proposed gravel drive. The site and buildings are currently in disrepair and present an eyesore to the neighborhood. Mature trees exist along the property lines and throughout the yard. If the CUP is approved, the applicant will be permitted to submit for a building and related permits to rehabilitate the structures and build the connecting hallway/covered walkway. No portion of the lot is within a special flood hazard area according to FEMA FIRM Map, Community Panel No. 47165C0318G, dated April 17, 2012. Adjacent or Area Uses The property is adjacent to single-family housing zoned R10 to the west and south. To the north is a large tract of land zoned R40 which is undeveloped. To the east a parcel zoned R20 (PRD) which is future development area for a future phase of the Enoch Hills subdivision. To the south and east is land owned by the City of Gallatin containing a water service tank and an access road, zoned R10 and R15 (Attachment 1-3). 2 CUP for 620 Tulip Circle (CUP-2020-0004) June 25, 2020 Other duplexes and one (1) triplex are located within the subdivision along Center Drive (Attachment 1-4). Gallatin on the Move 2020 General Development and Transportation Plan The Gallatin on the Move 2020 General Development Plan designates the property as part of the Suburban Neighborhood Established Character Area (Attachment 1-5). Small and large-scale apartments and townhomes are listed as primary land uses for this character area. The development strategies indicate that home ownership should be encouraged. The residential scale and architecture of the proposed duplex are compatible to adjacent structures and appropriate for this character area. Access Access to Tulip Circle will be via a gravel driveway along the southeastern property boundary and extend to the rear of the structure. Parking The minimum required parking for duplex residential developments is two (2) spaces per dwelling unit and the maximum is three (3) spaces per dwelling unit. The plan indicates six (6) spaces serving the two (2) dwelling units. Architectural Features The existing neoclassical split-level ranch features all brick veneer siding. The smaller structure features a gambrel roof and vinyl siding. The only new construction connecting the two structures. The plans shall demonstrate compliance with Section 13.08.010, Gallatin Zoning Ordinance, Basic Design Criteria. This will require the use of materials compatible of those used on adjacent lots. The house to the west is composed of brick veneer and wood siding and the house to the south is mostly brick with a minor amount of accent wood siding. The house across the street is brick with some siding. Signage No signage is proposed for this development. If any signs are proposed, the owner and applicant shall submit a signage plan meeting the requirements of the Gallatin Zoning Ordinance, Section 13.7, and obtain sign permits from the Planning Department prior to the installation of any signage on site. 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 only 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 Dwelling, Two Family – Duplex residential use, on Tax Map 112P, Group A, Parcel 026.00, located at 620 Tulip Circle, will not significantly impact the public health, safety, or welfare of the area. The property could currently be developed with a single dwelling unit. 3 CUP for 620 Tulip Circle (CUP-2020-0004) June 25, 2020 • The Dwelling, Two Family – Duplex residential use will utilize public water, sanitary sewer, and power sources from the appropriate utility companies. • Parking for the Dwelling, Two Family – Duplex use will be located in the common parking area in the rear away from public view and will not exceed maximum parking limits. B. Will not adversely affect other property in the area in which it is located; • The property is on two original “tracts” of the Green Acres No. 2 Subdivision and is surrounded by properties zoned R10–Medium Density Residential and developed as single- family residences. Duplexes are not located in the immediate vicinity but are located on Center Drive in the same subdivision along with one triplex. • The duplex residential use should not adversely affect other properties in the area. The use will not adversely effect other property/lots in the area since the lot could be developed with more than one single family home due to the size of the lot (1.45 +/- acres) in the R-10 zoning district. The duplex 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. The owner and applicant indicated that the facility shall comply with all Performance Standards Regulations of the Gallatin Zoning Ordinance. Single-family residential structures of similar size primarily surround the property. C. Is within the provisions of "Conditional Uses" as set forth in this Ordinance; • Dwelling, Two Family – Duplex residential use is a conditional use residential activity in the R10 zone district per Section 06.05.020.C, and a Dwelling, Two Family – Duplex is a specifically identified type of residential activity listed in Section 03.02.010 of the Gallatin Zoning Ordinance providing the structure meets all area and bulk requirements of the code. 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. • This use complies with all bulk regulations of the R10 zone district, “Minimum Development Area Per Dwelling Unit” (Section 06.06.030.B, G.Z.O.), which requires each dwelling unit to have at least 7,500 square feet of development area (15,000 square feet for two dwelling units). The subject property contains 56,628 +/- square feet. The structures currently existing meet all other bulk and setback requirements of the R10 zone district provided it is connected together to form a single building. • If approved, a building permit application shall be submitted to the Code Department meeting all applicable regulations of the Gallatin Zoning Ordinance. Special Conditions for Multi-Family Residential Activities Section 15.06.080.A of the Gallatin Zoning Ordinance outlines special conditions for Multi-Family Dwelling Activities. The applicant's request generally meets all of the special conditions as listed 4 CUP for 620 Tulip Circle (CUP-2020-0004) June 25, 2020 below. Notwithstanding other issues of Code compliance, a Conditional Use Permit shall be granted provided that the Board finds that: A. In addition to the standards contained in this Ordinance, for these type developments, the Board of Appeals shall specifically find that there will be no adverse impact upon adjoining properties or the neighborhood in which such use is proposed. In making this finding, the Board shall consider the effect upon traffic congestion, overcrowding of schools, availability of necessary public utilities, suitability of the site for the use, and such other factors as the Board may deem necessary. • The request for a Conditional Use Permit for a Dwelling, Two Family – Duplex development on Tax Map 112P, Group A, Parcel 026.00, located at 620 Tulip Circle, will not significantly impact the public health, safety, or welfare of adjoining properties or neighborhood. The development, containing two (2) dwelling units, will not generate traffic volumes that will overwhelm the transportation system or be greater than that which would be generated from two separate single family dwellings. • The Dwelling, Two Family – Duplex residential use will utilize public water, sanitary sewer, and power sources from the appropriate utility companies. • Two-family (duplex) uses traditionally generate less school age residents per unit than single family uses. There should be no measurable impact on area schools. • The site is well suited for the use because it contains development area in excess of that required for a duplex unit as described herein. • The duplex development will not adversely affect other properties in the area and will not change the development character of the Green Acres No. 2 Subdivision. The structures already exist and will become a conforming structure once joined together as a single structure. Other and duplexes are located elsewhere within the subdivision. Planning Department Comments The Planning Department reviewed and commented on the Conditional Use Permit. These are included as conditions of approval. Engineering Division Comments The Engineering Division reviewed the Conditional Use Permit and had no comments. Other Departmental Comments The other City Departments reviewed and commented on the Conditional Use Permit with the following comments: • If the applicant needs further help with addressing, he should contact Sumner E911. RECOMMENDATION: The Planning Department recommends approval of GMBZA Resolution No. 2020-007. 5 CUP for 620 Tulip Circle (CUP-2020-0004) June 25, 2020 ATTACHMENTS Attachment 1-1 Location Map Attachment 1-2 620 Tulip Circle Conditional Use Permit Site Plan Attachment 1-3 Surrounding Zoning Attachment 1-4 Nearby duplexes and one triplex Attachment 1-5 Gallatin on the Move 2020 Plan Suburban Neighborhood Established Character Area 6  Gallatin on the Move 2020 Chapter 3: Community Character Map General Development and Transportation Plan SUBURBAN NEIGHBORHOOD ESTABLISHED General Description of Existing Development Patterns SUBURBAN NEIGHBORHOOD The Suburban Neighborhood character area describes areas ESTABLISHED where typical types of suburban residential subdivision development have occurred in the post World War II era. Anticipated level of change: Neighborhoods are characterized by low pedestrian orientation, • Low medium-to-larger lot sizes, high to moderate degree of building separation, and are predominantly residential with scattered civic Transportation buildings and varied street patterns (often curvilinear) that include • Low level of service cul-de-sacs. Neighborhoods included in this character area are generally stable. Improved pedestrian and bicycle networks, • Medium level of connectivity especially near school and other civic uses would provide safer • Properties accessed by public roads routes and encourage walking and bicycling as a transportation • Regular-shaped, long blocks option. • Older subdivision roads characterized by Location grassy swales and newer with curb, Areas within this character area include the following: gutter and sidewalk • Sidewalks and pedestrian infrastructure • South Gallatin neighborhoods of Halewood and limited to newer subdivisions Woodvale • West Gallatin neighborhoods in the Lock 4 Infrastructure Road/Peninsula Drive area • Public water and sewer available • Newly-developed portions of the West Gallatin neighborhoods in the Fairvue/Baypoint (Browns Lane) • Civic spaces such as greenways, parks, area common areas • Newly-developed and established portions of the Douglass Bend area Greenspace • East Gallatin neighborhoods in the Grandview subdivision • Adjacent Preserve areas and surrounding area • Neighborhood parks Intent • Community gardens The development pattern should seek to: Primary Land Uses ƒ Maintain residential uses • Single-family residential • Small and large-scale apartments and ƒ Preserve existing tree cover townhomes ƒ Provide safe facilities for pedestrians, school buses, and bicyclists using the road right-of-way Appropriate Residential Net Density • 2-5 units per acre ƒ Accommodate in-fill development that compliments the scale, setback and style of existing adjacent homes Applicable Zoning Districts ƒ Accommodate senior housing opportunities, which can be Existing Zoning Districts integrated into neighborhoods that benefit from close proximity to goods and services • R-10, R-15, R-20, R-40, MRO ƒ Maintain predominant development pattern of detached one- Proposed Zoning Districts family homes • No proposed new districts 3-16 MACTEC Engineering and Consulting, Inc –Project 6151-07-0039  Gallatin on the Move 2020 Chapter 3: Community Character Map General Development and Transportation Plan Development Strategies ƒ Focus on reinforcing stability of more mature Suburban Neighborhood Established areas by encouraging more home ownership and maintenance or upgrade of existing properties ƒ Locate schools, community centers, or well-designed small commercial activity centers at suitable locations within walking distance of residences ƒ Enhance the pedestrian-friendly environment by adding sidewalks and creating other pedestrian-friendly multi-use trail/bike routes linking neighboring communities and major destinations such as libraries, neighborhood centers, health facilities, commercial clusters, parks, schools, etc. Typical suburban street in Halewood subdivision ƒ Add traffic calming improvements, sidewalks and increased street interconnections to improve walkability within existing neighborhoods ƒ Limit driveway spacing along the highway frontage and align driveways where needed to improve traffic flow ƒ Protect older subdivisions that lack detailed design-related covenants and restrictions Implementation Measures ) Develop residential infill guidelines applicable in Suburban Neighborhood Established areas in order to ensure that the scale and character of new development on vacant lots is compatible Typical suburban street in Woodvale subdivision with existing development 3-17 MACTEC Engineering and Consulting, Inc –Project 6151-07-0039