Municipal Board of Zoning Appeals

Agenda Gallatin Municipal Board of Zoning Appeals Thursday, October 28, 2021 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 • August 26, 2021 Municipal Board of Zoning Appeals Minutes REGULAR AGENDA 1. GMBZA RESOLUTION NO. 2021-06 VAR-2021-0017 139 BARTON DRIVE - VARIANCE TRIPLE B CONSTRUCTION THE OWNER AND APPLICANT REQUEST APPROVAL OF A VARIANCE OF FIVE (5) FEET FROM THE REQUIRED MINIMUM FRONT YARD SETBACK OF 40 FEET, ON A .1156 +/- ACRE LOT (PARCEL 113C//2.00), ZONED R15-MEDIUM DENSITY RESIDENTIAL, LOCATED AT 139 BARTON DRIVE. 2. GMBZA RESOLUTION NO. 2021-05 VAR-2021-0016 TOWNPLACE/FAIRFIELD SUITES AT VILLAGE GREEN CROSSING - VARIANCE ARNOLD CONSULTING THE OWNER AND APPLICANT REQUEST APPROVAL OF A VARIANCE OF THREE (3) FEET TO PERMIT A BUILDING HEIGHT OF 63 FEET FOR A PROPOSED FIVE (5) STORY HOTEL, ON A 2.63 +/- ACRE LOT (PARCEL126I//A//001.01), ZONED CG-COMMERCIAL GENERAL, LOCATED AT 950 VILLAGE GREEN CROSSING. 3. OTHER BUSINESS 4. ANNOUNCEMENTS 5. ADJOURN  MINUTES OF THE GALLATIN MUNICIPAL BOARD OF ZONING APPEALS MEETING August 26, 2021 Members Present Staff Present Jimmy Moore, Chair William McCord, Director of Planning Drew Schreiner, Vice Chair Suzanne Simon, Planning Admin. II John Puryear, Secretary Jeannie Gregory Absent Others Present None Applicant The Gallatin Municipal Board of Zoning Appeals met in a regular meeting on Thursday, August 26, 2021, at 5:30 p.m., in the Dr. J. Deotha Malone Council Chambers of Gallatin City Hall. Mr. Jimmy Moore, Chair, called the meeting to order. Chair Moore led the invocation and Ms. Gregory led the pledge of allegiance. Ms. Simon called the roll. Chair Moore motioned to approve the May 27, 2021 Municipal Board of Zoning Appeals Meeting Minutes. Ms. Gregory seconded the motion and the motion passed by roll call vote of 4 ayes; 0 nays. Agenda Item 1: GMBZA Resolution No. 2021-003 – Tulip Poplar Mini Storage – Conditional Use Permit (CUP- 2021-0010) - GreenLid Design, LLC – The owner and applicant request approval of a Conditional Use Permit for Tulip Poplar Mini-Storage, to permit a Limited Warehousing Use, per Section 08.02.010.C of the Gallatin Zoning Ordinance, on a 3.63 +/- acre parcel (Tax Map 126I, Group A, Parcel 003.00), zoned CS-Commercial Services, located south of Tulip Poplar Drive and east of SR 109. Mr. William McCord, Director of Planning, presented the item. The parcel does not have the ability to access the SR 109 right-of-way; however, it is adjacent to Tulip Poplar Drive and this is where the applicant would like access. There is a substantial tree buffer on the site boundaries and cedar trees in the interior of the site. The zoning ordinance requires a 100 foot building setback from public rights-of-way. This is a narrow lot and a 100 foot setback is not practical. The applicant intends to develop a mini-warehouse storage facility and a Conditional Use Permit is required per the zoning ordinance. A site plan is also proposed for Planning Commission review for 129 mini-warehouse units with an area to park recreational vehicles. The buildings would be separated at least 30 feet apart and include 13 interior parking spaces. The 100 foot setback from the right-of-way requirement applies for this use and the applicant also has asked for a variance to the requirement. The area will be fenced and existing vegetation in bufferyards will remain. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 2 May 27, 2021 Findings for all Conditional Use Permits and special conditions for mini-warehouse use are met. Staff recommends approval of Resolution No. 2021-003. Mr. Andrew Finney, applicant, said he owns other mini-storage buildings and believes there is a need for covered boat storage. The property is an unusual shape and it is currently an eyesore. Chair Moore opened the public hearing. No one came forward to speak; therefore, Chair Moore closed the public hearing. Chair Moore asked if the facility would be fenced. Mr. Finney said there would not be a decorated fence; however, there will be a security fence. Perimeter trees will remain. Chair Puryear said the Conditional Use Permit is not a concern; however, regarding the variance there may be issues providing the buffer. Where the property is lower then the road, he suggests all large deciduous trees. Mr. Finney said there is a significant amount of space between the road and the property line. He asked about using the existing trees. Chair Puryear said a tree survey would be required to identify existing trees as a part of the bufferyard. Mr. McCord said the minimum tree caliper is approximately four inches in diameter. Chair Puryear motioned to approve Resolution No. 2021-003. Vice Chair Schreiner seconded the motion and the motion passed by 4 ayes; 0 nays. Item 2: GMBZA Resolution No. 2021-004 – Tulip Poplar Mini Storage (VAR-2021-0014) – GreenLid Design, LLC – The owner and applicant request a building setback variance of 90 feet and a building setback variance of 60 feet from adjacent major thoroughfare roadways on a 3.63 +/- acre parcel (Tax Map 126I, Group A, parcel 003.00, zoned CS-Commercial Services, located south of Tulip Poplar Drive and east of SR 109. Mr. McCord said the building is hidden from adjacent roadways and the proposed warehouse meets all special conditions. The property is not completely level and the units to the north will be below SR 109 on the north and higher towards the south. Staff recommends approval of Resolution 2021-004. The requested variance still requires a Type 15 bufferyard; however, only a 10 feet wide bufferyard is required on the east side of the property. Chair Puryear asked if the variance is changed to an 80 foot setback variance would the plan need to be changed. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 3 August 26, 2021 Mr. Zack Baker, with GreenLid Design, representing the applicant, said the plan would have to be changed. He asked if the buffer is required along the right-of-way. Mr. McCord said a 12 foot wide buffer is required along roadways and the plan shows a 15 foot wide buffer. Chair Puryear asked if a buffer variance is also requested. Mr. McCord said the conceptual drawing shows a 15 foot wide buffer. Mr. .Baker asked if the width is still required to be 15 foot wide buffer with existing vegetation. Mr. McCord said the requirement is a 12 foot wide buffer along roadways. The Planning Commission may grant alternative buffers at the site plan approval stage. This approval is only for a building setback variance. Chair Puryear motioned to approve Resolution No. 2021-004 changing the setback to an 88 foot setback along SR 109. Vice Chair Schreiner seconded the motion and the motion passed by 4 ayes; 0 nays. Item 3: Other Business There was no other business to discuss. Item 3: Announcements Mr. McCord reminded the Board that the TAPA Conference is scheduled for early October. Item 4: Adjourn There being no further business to discuss, Chair Moore adjourned the meeting. Respectively Submitted: ________________________________ Marianne Mudrak, Board Secretary Approved: ________________________________ ____________________________ Jimmy Moore, Chair John Puryear, Secretary ITEM 1 GMBZA Resolution No. 2021-06 RESOLUTION OF THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS APPROVING A VARIANCE OF 5.00 +/- FEET FROM THE REQUIRED MINIMUM FRONT YARD SETBACK OF FORTY (40) FEET PER SECTION 06.05.040.C.1, OF THE GALLATIN ZONING ORDINANCE, TO ALLOW FOR A 35.00 +/- FOOT FRONT YARD BUILDING SETBACK ON A 5,183.64 +/- SQUARE FOOT LOT (0.119 +/- ACRES), TAX MAP 113L, GROUP C, PARCEL 002.00), ZONED R15–MEDIUM DENSITY RESIDENTIAL DISTRICT, LOCATED AT 139 BARTON DRIVE (FILE NO. VAR-2021-0017). WHEREAS, the applicant wishes to construct a dwelling on a platted lot of record, Lot 19, (Hogin Subdivision, Plat Book 3, Page 12) zoned R15-Medium Density Residential District; and WHEREAS, the lot of record was platted as a triangle-shaped lot which restricts the building area of the lot; and WHEREAS, Article 6, Section 06.05.040.C.1, G.Z.O., requires a minimum front yard setback of forty (40) feet in the R15–Medium Density Residential District; and WHEREAS, the applicant filed a variance application to build a dwelling that will encroach 5.00 +/- feet into the required front yard; and WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS considered the request for a variance of 5.00 +/- feet from the required forty (40) foot minimum front yard setback to allow for a 35.00 foot +/- front yard building setback on a 5,183.64 square foot lot (0.119 +/- acres) (Tax Map 113L, Group C, Parcel 002.00), at its regular meeting on October 28, 2021; 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 Article 15, Section 15.05.030 of the Gallatin Zoning Ordinance, to indicate the specific requirement under which the variance is being considered and state specific findings and specifically identify the hardships warranting such action by the Board; and NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS makes the following findings pursuant to T.C.A. Section 13-7-206; Section 13-7-207(3); and Section 15.05.030 of the Gallatin Zoning Ordinance: ITEM 1 Section 1. The request for a variance of 5.00 feet +/- from the required minimum front yard setback of forty (40) feet required per Section 06.05.040.C.1 of the Gallatin Zoning Ordinance, to allow for a 35.00 foot +/- front yard building setback on lot 19 Hogin Subdivision (P.B. 3, Pg. 19, R.O.S.C.TN) (Tax Map 113L, Group C, Parcel 002.00), meets all ten (10) of the Standards for a Variance as set forth in the Gallatin Zoning Ordinance, Section 15.05.030: A. The particular physical surroundings, shape (including “narrowness” of the lot), topographic conditions of the specific property involved results in a particular hardship “and peculiar and exceptional practical difficulty” upon the owner as distinguished from a mere inconvenience, if the strict application of this Ordinance, if carried out. This is a lot of record, platted prior to the Zoning and Zoning Ordinance, which is very undersized and of an odd shape according to the current Zoning Ordinance standards for this zone; B. The conditions upon which the petition for a variance is based are not applicable, generally, to other property within the same district and only applies to this lot; C. The variance will not authorize activities in a zone district other than those permitted by Ordinance; D. Financial return was not considered the basis for granting the variance; E. The alleged difficulty or hardship was not created by any person having an interest in the property after the effective date of the Ordinance. The plat was recorded with the lot shape prior to establishment of current zoning regulations; F. Granting the variance requested does not confer on the applicant any special privilege that is denied by the Ordinance to other lands, structures, or buildings in the same district and will allow for placement of the home outside the 1 percent chance flood zone; G. The variance is the minimum variance necessary to make possible the reasonable placement of the building or structure for residential purposes on the lot; H. The granting of the variance is not detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located and will instead allow for construction of a home on the irregular-shaped lot consistent with other homes in the neighborhood; I. The proposed variance does not impair an adequate supply of light and air to adjacent properties, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the area; and J. The granting of the variance will not cause substantial detriment to the public good and will not substantially impact the intent and purpose of the City’s zoning plan and zoning ordinance. Section 2. Action – The Gallatin Municipal Board of Zoning Appeals hereby approves a variance of 5.00 +/- feet from the required minimum front yard setback of forty (40) feet required by per Section 06.05.040.C.1 of the Gallatin Zoning Ordinance, to allow for a 35.00 +/- foot front yard setback on lot 19, Hogin Subdivision (P.B. 3, Pg. 19, R.O.S.C.TN) (Tax Map  ITEM 1 113L, Group C, Parcel 002.00) located at 139 Barton Drive with the following conditions: 1. A building permit and plot plan is required prior to construction on the property. Architectural materials and features shall be compatible with other homes in the neighborhood. 2. A Floodplain Development Permit and an Elevation Certificate is required for development of the property consistent with Article 10, Sec.10.03, Gallatin Zoning Odinance. 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: 10/28/2021 Approved: ____________________________ Jimmy Moore, Chairman ____________________________ John Puryear, Secretary APPROVED AS TO FORM: __________________________________ SUSAN HIGH-MCAULEY CITY ATTORNEY  ITEM 1 PLANNING DEPARTMENT STAFF REPORT Variance Request for 139 Barton Drive, P.B. 3, Pg. 12) (VAR-2021-0017) Located at 139 Barton Drive Date: October 28, 2021 PUBLIC HEARING Request: The owner and applicant requests a variance of 5.00 +/- feet from the required minimum front yard setback of forty (40) feet per Section 06.05.040.C.1 of the Gallatin Zoning Ordinance, to allow for a 35.00 +/- foot front yard setback on a 5,183.64 +/- square foot zoned lot (0.119 acres)Tax Map 113L, Group C, Parcel 002.00, zoned R15–Medium Density Residential District, located at 139 Barton Drive (File No. VAR-2021-0017). OWNER DERRICK BANDY APPLICANT: JACOB VINCENT, P.E. STAFF RECOMMENDATION APPROVAL OF GMBZA RESOLUTION NO. 2021-06 STAFF CONTACT: SHARON BURTON MBZA MEETING DATE: OCTOBER 28, 2021 PROPERTY OVERVIEW: the owner and applicant requests a variance of five (5.00) +/- feet from the minimum front yard setback of forty (40) feet required by Section 06.05.040.C.1 of the Gallatin Zoning Ordinance, to allow for a 35.00 +/- front yard setback on a 5, 183.64 +/- square foot zoned lot (0.119 +/- acres) Tax Map 113L, Group C, Parcel 002.00, zoned R15–Medium Density Residential District, located at 139 Barton Drive (Attachment 1-1 and 1-2) Staff finds that the applicant meets all ten (10) of the standards for a variance per Section 15.05.030, G.Z.O. The Planning Department recommends approval of GMBZA Resolution No. 2021-06. (Attachment 1-3) CASE BACKGROUND: Property History and Previous Approvals On August 25, 1953, Hogin Subdivision was recorded with the Sumner County Register of Deeds (P.B. 1, Pg. 105). (Attachment 1-4) On August 26, 1963, a revision to the Hogin Subdivision was recorded with the Sumner County Register of Deeds. (P.B. 3, Pg. 12) This plat subdivided one of the residual tracts on the west side of the Subdivision, near Town Creek. The plat created 6 additional lots on Hillcrest Dr., Barton Drive, and 19 lots on Barton Drive with Lot 19 becoming an undersized lot of only 5,183.64 +/- feet with a large portion of floodplain and a triangular shape. All these unique features combine to make the lot very difficult to develop. (Attachment 1-5) 139 Barton Drive Front Yard Variance (VAR-2021-0017) October 28, 2021 specific criteria that are listed below. The applicant responded to these standards in writing (Attachment 1-3). The Board shall determine if this variance request meets all ten (10) of the following standards for a variance as required by the Gallatin Zoning Ordinance as described below. If the Board finds that all ten conditions are met then the Board should address these in the motion for approval and include these as part of the Resolution. Staff supports the variance request as it meets all ten (10) standards for a variance as follows and shown on Attachment 1-3: 15.05.030 Standards for Variances The Board shall not grant a variance unless it makes findings based upon evidence presented to it as follows: A. The particular physical surroundings, shape, topographic conditions of the specific property involved that would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this Ordinance were carried out must be stated; and Response: The subject property, located at 139 Barton Avenue, is an existing lot of record shown on Plat Book 3, Page 12, Lot 19. This lot was created prior to the City’s minimum lot size and dimension requirements. The lot is zoned R15 (Medium Density Residential District) and has a 40’ minimum front setback as required per the current zoning ordinance. B. The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district; and Response: As mentioned above, the lot was not recently created and is difficult to develop the property as its intended usage per the zoning regulations. A 5’ front yard setback variance is requested for this property. This variance will help reduce some of the hardships to develop this property for its intended usage. Per the current zoning ordinance, the front yard setback is 40’ and this request would reduce the front yard by 5’. In addition, the adjacent properties with existing homes have a 35’ front yard setback and do not meet the 40’ minimum per the ordinance. C. The variance will not authorize activities in a zone district other than those permitted by this Ordinance; and Response: The applicant seeks to build a residential structure that will fit on the pre-existing lot of record. One-family detached residential is a permitted use in the R15 zone district. D. Financial returns only shall not be considered as a basis for granting a variance; and Response: The variance request is to match the front yard setback of the existing neighboring house and without this minor variance request, the existing lot is extremely difficult to develop. 3 139 Barton Drive Front Yard Variance (VAR-2021-0017) October 28, 2021 E. The alleged difficulty or hardship has not been created by any person having an interest in the property after the effective date of this Ordinance; and Response: This is a pre-existing lot of record, created prior to the City’s zoning and Zoning Ordinance. F. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same districts; and Response: Permitted uses on nonconforming lots of record are allowed so long as requirements can be met on the lot or a variance, if needed, is granted. G. The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and Response: 5’ is the minimum variance needed for this property and matches the front setback of the adjacent neighboring house. H. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located; and Response: Reducing the front setback from 40’ to 35’ on this property, should not be detrimental to the public. It will actually allow it to fit in with the existing properties, most of which do not meet the 40’ front yard requirement. I. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the area; and Response: The 5’ variance request for the front yard setback should not diminish property values in the area since the adjacent lots have the same setback as the applicant is requesting. J. The granting of a variance will not cause substantial detriment to the public good and will not substantially impact the intent and purpose of the City’s zoning plan and zoning ordinance. Response: This lot was created well before the City’s zoning plan and zoning ordinance. The variance will allow the property to be developed similarly to the neighboring properties. (Attachment 1-3) Section 15.05.060 Conditions and Restrictions by the Board allows the Board to impose conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the provisions set out in Section 15.05.030 to reduce or minimize the injurious effect to such variations upon surrounding property and better carry out the general intent of this Ordinance. The Board may establish expiration dates as a condition or as a part of the variances. Staff recommends that the Resolution be approved. As such the applicant shall file for a building permit application for any construction to begin on this building. The building shall be constructed with compatible materials 4 139 Barton Drive Front Yard Variance (VAR-2021-0017) October 28, 2021 Requested Variance The applicant is asking for a front yard variance of 5’ which will ease some of the development difficulties and will put the new house in alignment with the remaining houses on the street. The owner and applicant request a variance of 5.00 +/- feet from the minimum front yard setback of forty (40) feet required per Section 06.05.040.C.1 of the Gallatin Zoning Ordinance, to allow for a 35.00 +/- front yard setback on a 5,183.64 +/- square foot zoned lot (0.119 +/- acres). The zoned lot is considered a pre-existing non-conforming lot of record and is not required to have a variance for lot area. Applicable G.Z.O. Sections [R15 Zoning] 06.05.040 Area and Yard Requirements A. General Provisions applicable to all residential districts concerning visibility at intersections, permitted obstructions in required yards, obstruction prohibited at street intersections, adjustments for lot area remainder, exceptions to these provisions, and other regulations are contained in Articles 12.00 and 13.00 of this Ordinance. B. Minimum Required Lot Area - the minimum required lot area shall be 15,000 square feet. C. Basic Provisions - The basic yard regulations appearing below apply to all zone lots located within R15 Districts, except as provided in Section 12.12. Greater yard and building setbacks may be required when the R15 zoned properties are located adjacent to a separate zoning district to comply with bufferyard requirements of Article, 13, Section 13.03. 1. Front Yards- a minimum of forty (40) feet. 2. Side Yards - a minimum of ten (10) feet, except as provided in Section 12.05. 3. Rear Yards - a minimum of twenty-five (25) feet. Setbacks from roadways scheduled for widening shall meet the setback from the projected future right-of-way line as identified in the Comprehensive Plan. 15.05 Zoning Variances The Board of Zoning Appeals may hear and act upon applications for variances where it makes findings of fact based upon the unique shape, typography or physical features of a zoned lot. 15.05.030 Standards for Variances Section 15.05.030 of the Gallatin Zoning Ordinance states the Board of Zoning Appeals shall not grant a variance unless it makes findings based upon evidence presented to it as described in ten (10) 2 139 Barton Drive Front Yard Variance (VAR-2021-0017) October 28, 2021 to meet the architectural materials, features/design of the adjoining houses in this neighborhood. (Attachment 1-6) A variance request requires public notice. Staff notified adjacent property owners about this request by mail. Additionally, the request was advertised in the local newspaper, and a sign was posted on the property. Engineering Department Comments The Engineering Division reviewed the variance request and had no comments. Other Departmental Review Comments Other City Departments reviewed the variance request and had no comments. RECOMMENDATION Staff recommends that the Gallatin Municipal Board of Zoning Appeals approve GMBZA Resolution No. 2021-06. ATTACHMENTS Attachment 1-1 Location Map Attachment 1-2 139 Barton Drive Plot Plan Attachment 1-3 Applicant’s response to the Standards for Variance Attachment 1-4 Plat of Hogin Resubdivision/Revision Attachment 1-5 Applicant’s Proposed House Plans 5 ATTACHMENT 1-1 ATTACHMENT 1-2 ATTACHMENT 1-3 ATTACHMENT 1-3 ATTACHMENT 1-4 ATTACHMENT 1-5 Item 2 GMBZA Resolution No. 2021-005 RESOLUTION OF THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS APPROVING A BUILDING HEIGHT VARIANCE OF 3 FEET TO ALLOW FOR A BUILDING HEIGHT OF 63 FEET FOR A PROPOSED FIVE (5) STORY HOTEL, ON A 2.63 +/- ACRE LOT (TAX MAP 126I, GROUP A, PARCEL 001.01), ZONED CG - COMMERCIAL GENERAL, LOCATED AT 950 VILLAGE GREEN CROSSING (FILE NO. VAR-2021-0016). WHEREAS, Article 8, Section 8.03.031, G.Z.O., permits a maximum building height of 60 feet in the CG-Commercial General Zoning District; and WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS considered the request for a variance of three (3) feet to permit a building height of 63 feet on a 2.63 +/- acre lot (Tax Map 126I, Group A, Parcel 001.01), at its regular meeting on October 28, 2021; 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 Article 15, Section 15.05.030 of the Gallatin Zoning Ordinance, to indicate the specific requirement under which the variance is being considered and state specific findings and specifically identify the hardships warranting such action by the Board; and NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS makes the following findings pursuant to T.C.A. Section 13-7-206; Section 13-7-207(3); and Section 15.05.030 of the Gallatin Zoning Ordinance: Section 1. The request for a variance of three (3) feet to permit a 63 foot tall, five (5) story hotel, per Section 15.06.060.E of the Gallatin Zoning Ordinance, meets all ten (10) of the Standards for a Variance as described in the body of the Staff Report and as set forth in the Gallatin Zoning Ordinance, Section 15.05.030: A. The particular physical surroundings, shape, topographic conditions of the specific property involved result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this Ordinance is carried out because the increased height we are requesting allows for the proposed building parapet to sufficiently screen roof mounted units and properly provide signage for brand identification. Brand identification signage would not be adequately provided per Item 2 brand requirements without the variance approval, and roof mounted mechanical units may not be adequately screened from view; B. The conditions upon which the petition for a variance is based are not be applicable, generally, to other property within the same district, because generally adjacent surrounding properties are either previously developed and would not generally need a height variance. Or the adjacent properties provide additional area in which a similar amount of rooms could be achieved in a different floor plan configuration; C. The variance will not authorize activities in a zone district other than those permitted by Ordinance because We are not requesting any variance to proposed uses on this site, hotel/motel use is a use allowed by right in the CG zoning district; D. Financial return was not considered the basis for granting the variance because financial concerns are not a factor for this variance request; E. The alleged difficulty or hardship was not created by any person having an interest in the property after the effective date of the Ordinance because no interested party in this project has created the difficulty or hardship that has been identified; F. That granting the variance requested does not confer on the applicant any special privilege that is denied by the Ordinance to other lands, structures, or buildings in the same district because the granting of this variance would not grant any special privileges denied by this ordinance to any other lands or structures, or buildings in this same district; G. The variance is the minimum variance necessary to make possible the reasonable placement of the structure and use because the variance requested is the minimum to allow for the request and to allow for an extra foot for construction flexibility in the field; H. The granting of the variance is not detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located because the granting of this variance does not pose any detriment to the public welfare or injuries to other properties in the area and would help with screening of roof mounted equipment from surrounding adjacent properties; I. The proposed variance does not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the area because this variance would not impair supply of light and air to adjacent properties, or substantially increase congestion on streets, increase the danger of fire, endanger public safety, or impair values in the area. The building will be equipment with a sprinkler system for fire, the location of the building on the site will be in such a way to allow for light to adjacent properties, and there are already similar uses in the area that have a similar traffic demand as this parcel is proposing; and J. The granting of the variance will not cause substantial detriment to the public good and will not substantially impact the intent and purpose of the City’s zoning plan and zoning ordinance because this variance request is for the minimum amount to meet brand standard requirements, the intent of the ordinance with all other aspects is still intended to be met. Item 2 Section 2. Action – The Gallatin Municipal Board of Zoning Appeals hereby approves a variance of three (3) feet to permit a 63 foot building height, per Section 15.06.060.E of the Gallatin Zoning Ordinance, located south of Tulip Poplar Drive and west of Village Green Crossing (Tax Map 126I, Group A, Parcel 001.01). IBE 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: 10/28/2021 Approved: ____________________________ Jimmy Moore, Chairman ____________________________ John Puryear, Secretary APPROVED AS TO FORM: __________________________________ SUSAN HIGH-MCAULEY CITY ATTORNEY  ITEM 2 PLANNING DEPARTMENT STAFF REPORT Variance Request for Turner Place/Fairfield Suites Hotel (Tax Map 126I, Group A, Parcel 003.00) (VAR-2021-0016) Located at 950 Village Green Crossing Date: October 28, 2021 PUBLIC HEARING REQUEST: THE OWNER AND APPLICANT REQUEST A BUILDING HEIGHT VARIANCE OF 3 FEET TO PERMIT A BUILDING HEIGHT OF 63 FEET, ON A 2.63 +/- ACRE LOT (TAX MAP 126I, GROUP A, PARCEL 001.01), ZONED CG - COMMERCIAL GENERAL LOCATED AT 950 VILLAGE GREEN CROSSING (FILE NO. VAR-2021-0016). OWNER: CUMBERLAND HOSPITALITY, LLC APPLICANT: DANIEL WHITLEY, ACES INC. STAFF RECOMMENDATION DENIAL OF GMBZA RESOLUTION NO. 2021-005 STAFF CONTACT: JIM CARPENTER MBZA MEETING DATE: OCTOBER 28, 2021 PROPERTY OVERVIEW: The owner and applicant request a variance of 3 feet to permit a building height of up to 63 feet on a 2.63 +/- acre lot (Tax Map 126I, Group A, Parcel 001.01), Zoned CG - Commercial General, located at 950 Village Green Crossing. (File No. Var-2021- 0016). (Attachment 2-1 and 2-2). Section 08.03.031 of the Gallatin Zoning Ordinance specifies a maximum building height of 60 feet for commercial buildings in the CG – Commercial General Zone. The Planning Department recommends Denial of GMRPC Resolution No. 2021-005. Requested Variance The owner and applicant request a variance of 3 feet to permit a building height of up to 63 feet on a 2.63 +/- acre lot (Tax Map 126I, Group A, Parcel 001.01), Zoned CG - Commercial General, located at 950 Village Green Crossing. CASE BACKGROUND: Property History and Previous Approvals The property (Tax Map 126I, Group A, Parcel 001.01) is currently vacant. On May 1, 1979, the City Council adopted a new Zoning Ordinance and Map (Ordinance No. 079- 92). This property has been zoned CG – Commercial General since that time TownePlace/Fairfield Suites - Variance (VAR-2021-0016) October 28, 2021 On February 20, 2018, the Gallatin Municipal Regional Planning Commission approved the Final Plat for Village Green Crossing, creating the 2.63 +/- acre lot and 0.65 acres of Right of Way dedication to the City. The plat was recorded March 20, 2018 (PB 30, PG 325). DISCUSSION: Proposed Development Owner and applicant request a variance of three (3) feet to permit a building height of 63 feet on a 2.63 +/- acre lot (Tax Map 126I, Group A, Parcel 001.01), Zoned CG - Commercial General, located at 950 Village Green Crossing. This building can be constructed on the lot without the variance. The applicant request for a variance does not meet the ten (10) variance criteria. A variance request requires public notice per Section 15.05.020, Gallatin Zoning Ordinance. Staff notified adjacent property owners about this request by mail. Additionally, the request was advertised in the local newspaper, and a sign was posted on the property. The Board of Zoning Appeals may grant variances per section 15.04.024.B, Gallatin Zoning Ordinance, where it makes findings of fact based upon the standards prescribed in Section 15.05.030, Gallatin Zoning Ordinance. 15.05.030 Standards for Variances Section 15.05.030 of the Gallatin Zoning Ordinance states the Board of Zoning Appeals shall not grant a variance unless it makes findings based upon evidence presented to it as described in ten (10) specific criteria that are listed below. The Board shall determine if this variance request meets all ten (10) of the following standards for a variance as required by the Gallatin Zoning Ordinance as described below. The applicant has provided findings of fact for the ten (10) standards for a variance. (Attachment 2-4) Staff does not believes the variance request meets the ten (10) standards for a variance as follows. A. The particular physical surroundings, shape, topographic conditions of the specific property involved that would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this Ordinance were carried out must be stated. B. The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district. C. The variance will not authorize activities in a zone district other than those permitted by this Ordinance. D. Financial returns only shall not be considered as a basis for granting a variance. 2 TownePlace/Fairfield Suites - Variance (VAR-2021-0016) October 28, 2021 E. The alleged difficulty or hardship has not been created by any person having an interest in the property after the effective date of this Ordinance. F. That granting the variance requested would not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district. G. The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. H. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located. I. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the area. J. The granting of a variance will not cause substantial detriment to the public good and will not substantially impact the intent and purpose of the City’s zoning plan and zoning ordinance. Section 15.05.060 Conditions and Restrictions by the Board allows the Board to impose conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the provisions set out in Section 15.05.030 to reduce or minimize the injurious effect to such variations upon surrounding property and better carry out the general intent of this Ordinance. The Board may establish expiration dates as a condition or as a part of the variances. Staff recommends that the Resolution be denied. However, if the board finds a basis for granting a variance, then design restrictions may be placed or recommended for consideration by the Planning Commission. Engineering Department Comments The Engineering Division reviewed the variance request and had no comments. Other Departmental Review Comments Other City Departments reviewed the variance request, and all of their comments were addressed. RECOMMENDATION Staff recommends that the Gallatin Municipal Board of Zoning Appeals deny GMBZA Resolution No. 2021-005. ATTACHMENTS Attachment 2-1 Location Map Attachment 2-2 Building Elevations Attachment 2-3 GOTM 2020 Plan, Commercial Corridor Character Area Attachment 2-4 Applicant’s Findings of Facts Attachment 2-5 CG Zoning Code, Section 08.03 3 Attachment 2-1 Fairfield Suites Variance Request st t C re lnu Wa Barry Bate Gwen Electra Deer Park Long Hollow H ollow Long 9 Mike 10 Teal ctr le Ele Eag a Jill Trail Belvedere Popla r mn Tulip Su r m ine er H Mallard Exa all 9 10 en re G ge ille lla shv r Vi Na pla Po lip Tu rri Has on f ers Jef Trey Cha se ss Mo lve y Be Nanc de r Lock 4 e Hancock Harr Ka vis thy Da nin is Haynie Pe ar g ra he la Nia k s su Source: Esri, Maxar, ac Bl GeoEye, Earthstar Ramsey Ü Legend 0 550 1,100 2,200 Feet SITE Streams DISCLAIMER:This product is for informational purposes and may not have been preparedorfor, be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult Railroad the primary data and information sources to ascertain the usability of the information. Attachment 2-2 62'-0" 62'-0" Highest Parapet 62'-0" 59'-0" Typical Parapet 57'-6" 59'-0" 56'-0" 56'-0" 06-Roof 52' - 6" 05-Fifth Floor 42' - 0" 04-Fourth Floor 32' - 0" 03-Third Floor 22' - 0" 02-Second Floor 12' - 0" 01-First Floor 0' - 0" 59'-0" 59'-0" 59'-0" Typical Parapet 57'-6" 59'-0" 56'-0" 56'-0" 06-Roof 52' - 6" 05-Fifth Floor 42' - 0" 04-Fourth Floor 32' - 0" 03-Third Floor 22' - 0" 02-Second Floor 12' - 0" 01-First Floor 0' - 0" Attachment 2-2 62' - 0" Top of Highest Parapet 62' - 0" 59' - 0" 59' - 0" Typical Parapet 59' - 0" 56' - 0" 56' - 0" 06-Roof 52' - 6" 05-Fifth Floor 42' - 0" 04-Fourth Floor 32' - 0" 03-Third Floor 22' - 0" 02-Second Floor 12' - 0" 01-First Floor 0' - 0" 62' - 0" Top of Highest Parapet 62' - 0" 59' - 0" 59' - 0" 59' - 0" 57' - 6" 57' - 6" 56' - 0" 06-Roof 52' - 6" 05-Fifth Floor 42' - 0" 04-Fourth Floor 32' - 0" 03-Third Floor 22' - 0" 02-Second Floor 12' - 0" 01-First Floor 0' - 0" Attachment 2-3 Gallatin on the Move 2020 Chapter 3: Community Character Map General Development and Transportation Plan COMMERCIAL CORRIDOR COMMERCIAL CORRIDOR x Medium to High General Description of Existing Development Patterns These Commercial Corridors include a mix of larger-scale Transportation commercial development that fronts the corridor, with x Medium level of service undeveloped farmland and rapidly-developing residential areas x Medium level of connectivity located behind commercial frontage. Buildings are typically single- story, single-use and are generally separated from the street and x Properties accessed by public roads sidewalk by parking lots. x Regular-shaped, medium-to-long blocks Location x Roads characterized by a mix of curb, Areas within this character area include the following: gutter with sidewalk and grassy x US-31E/Nashville Pike from SR-25 to SR-109 Bypass swales all with a low-to-medium level x US-31E/Nashville Pike from the west city limits (City of of pedestrian orientation Hendersonville border) to SR-109 Bypass x Bike lanes/routes x US-31E/East Broadway between Triple Creek Park and Reynolds Street (north side of the street) Infrastructure x Hancock Street south of US-31E/Nashville Pike to SR- x Public water and sewer available 109 Bypass x Civic spaces such as greenways, parks, Intent common areas The development pattern for established and emerging corridors Greenspace should seek to: x Adjacent Preserve areas ƒ Provide through transportation, land use and other physical x Neighborhood and pocket parks enhancements an environment that provides a distinct sense x Community gardens of place, not just another commercial strip Discourage continuous ribbons of automobile-oriented Primary Land Uses ƒ commercial development along major corridors x Small and large-scale apartments and townhomes ƒ Organize nodal commercial development opportunities at intersections with major streets and new secondary roads x Office Permit development of suburban commercial and residential x Vertical Mixed Use ƒ development along arterial roadways with master planning to x Commercial/Retail (including grocery address access management and design that is consistent with stores, home improvement stores, community character restaurants, hotels) ƒ Improve traffic flow by consolidating driveways and Appropriate Intensity encouraging interparcel access x 0.75 FAR ƒ Provide sidewalks and a more pedestrian-friendly environment by incorporating landscaped buffers between the Applicable Zoning Districts roadway and sidewalks, placing buildings closer to the street, and locating parking to the rear of buildings Existing Zoning Districts x PGC, MU, MRO, GO ƒ Encourage mixed use development Reflect quality materials and design (related to the building, Proposed Zoning Districts ƒ the site, and signage) x Mixed-Use Node (new) x CS, CG with Corridor Overlay (new) 3-38 MACTEC Engineering and Consulting, Inc –Project 6151-07-0039 Attachment 2-3 Gallatin on the Move 2020 Chapter 3: Community Character Map General Development and Transportation Plan ƒ Provide shade, reduce impervious surfaces, shield parking areas, and improve the appearance of individual sites and the entire corridor with quality landscaping Development Strategies ƒ Encourage retrofitting of existing strip development into pedestrian-scale interconnected nodes ƒ Limit signs and billboards ƒ Cluster high-density development at nodes along the corridor, such as major intersections ƒ Depict clear physical boundaries and transitions between the edge of the character area and adjacent character areas, in Existing commercial corridor area along particularly those that include residential uses Nashville Pike near Vol State ƒ Strengthen pedestrian connections to adjacent residential areas ƒ Increase landscaping along the corridor, including in and along parking lots to provide shade, reduce impervious surfaces, shield parking areas, and improve the appearance of individual sites and the entire corridor ƒ Plan for community street network that creates rather than hinders opportunities for walking, biking and providing future public transit ƒ Establish pedestrian-oriented building setbacks ƒ Guide building and site design, including parking lot configuration and streetscape features Emerging commercial corridor along Nashville Pike west of Gallatin ƒ Find an appropriate balance between residential and commercial uses within mixed use developments ƒ Organize new development a nodal fashion with nodal commercial/mixed use development opportunities at intersections with major streets and new secondary roads. Areas between these development nodes along the corridor provide opportunities for development of higher intensity residential uses that would create more housing choices for the City that are in proximity to commercial areas and major transportation arteries. Implementation Measures ) Amend Mixed-Use districts ) Mixed-Use Node zoning district (new) Quality office development along the Commercial Corridor on Nashville Pike includes ) Corridor Overlay District quality building materials, landscaping and preservation of mature trees 3-39 MACTEC Engineering and Consulting, Inc –Project 6151-07-0039 Attachment 2-4 4170015.05.030 Standards for Variances The Board shall not grant a variance unless it makes findings based upon evidence presented to it as follows: A. The particular physical surroundings, shape, topographic conditions of the specific property involved that would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this Ordinance were carried out must be stated; and The increased height we are requesting allows for the proposed building parapet to sufficiently screen roof mounted units and properly provide signage for brand identification. Brand identification signage would not be adequately provided per brand requirements without the variance approval, and roof mounted mechanical units may not be adequately screened from view. B. The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district; and Generally adjacent surrounding properties are either previously developed and would not generally need a height variance. Or the adjacent properties provide additional area in which a similar amount of rooms could be achieved in a different floor plan configuration. C. The variance will not authorize activities in a zone district other than those permitted by this Ordinance; and We are not requesting any variance to proposed uses on this site, hotel/motel use is a use allowed by right in the CG zoning district. D. Financial returns only shall not be considered as a basis for granting a variance; and Financial concerns are not a factor for this variance request E. The alleged difficulty or hardship has not been created by any person having an interest in the property after the effective date of this Ordinance; and No interested party in this project has created the difficulty or hardship that has been identified. F. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same districts; and Attachment 2-4 The granting of this variance would not grant any special privileges denied by this ordinance to any other lands or structures, or buildings in this same district G. The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and Yes the variance requested is the minimum to allow for the request and to allow for a extra foot for construction flexibility in the field. H. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located; and The granting of this variance does not pose any detriment to the public welfare or injuries to other properties in the area and would help with screening of roof mounted equipment from surrounding adjacent properties I. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the area; and This variance would not impair supply of light and air to adjacent properties, or substantially increase congestion on streets, increase the danger of fire, endanger public safety, or impair values in the area. The building will be equipment with a sprinkler system for fire, the location of the building on the site will be in such a way to allow for light to adjacent properties, and there are already similar uses in the area that have a similar traffic demand as this parcel is proposing. J. The granting of a variance will not cause substantial detriment to the public good and will not substantially impact the intent and purpose of the City’s zoning plan and zoning ordinance. This variance request is for the minimum amount to meet brand standard requirements, the intent of the ordinance with all other aspects is still intended to be met. Attachment 2-5 08.03 Intent and Purpose of CG - Commercial General District This class of district is designed primarily to provide sufficient space in appropriate locations for establishments and uses engaged in wholesale trade, the warehousing of a wide variety of products having the highest performance standards and the least objectionable characteristics, and services ancillary thereto. Other commercial uses are also permitted. As these activities tend to generate relatively large volumes of traffic and have other characteristics detrimental to residential districts, their locations should be removed from the proximity of residential districts insofar as possible. All such uses shall comply with the requirements of the International Building Code, whichever is more restrictive. 08.03.010 Uses and Structures A. Principal Permitted Uses and Structures - Within the General Commercial Districts as shown on the Gallatin Municipal and Regional Zoning Maps, the following activities, as described in Section 03.07 are permitted: Community Facility Activities Essential Service Non-assembly Cultural Administrative Services Utility and Vehicular Commercial Activities Convenience Sales and Service Automotive Parking Transient Habitation Food Service Financial, Consulting, and Administrative Business and Communication Service Undertaking Service Food Service - Drive-in Automotive Servicing and Cleaning General Retail Sales and Service Consumer Laundry and Repair Retail Business Supply Group Assembly-Limited Automotive Repair and Cleaning Animal Care Automotive/Truck, Craft, and Related Equipment Sales, Retail and Delivery Research Service Transport and Warehousing Wholesale Sales Limited Newspaper and Periodical Printing Limited Warehousing General Personal Services Medical Offices/Services 8-9 Attachment 2-5 Manufacturing/Industrial Activities Limited Manufacturing/Industrial B. Permitted Accessory Uses and Structures 1. Signs in accordance with the regulations contained in Section 13.07. 2. Accessory off-street parking and loading facilities as required in Article 11.00. 3. Accessory facilities and buildings customarily incidental and appurtenant to a permitted use provided that such accessory facilities and buildings are carried out on the same zone lot and are not otherwise prohibited. C. Uses Permitted with Conditions Commercial Activities Construction Sales and Services with the following conditions: 1. The use shall have direct access to an arterial, collector roadway as classified on the official Major Thoroughfare Plan or a local street capable of accommodating heavy truck traffic as determined by the Engineering Division. However, no such use shall be permitted with direct access to US 31E or to a lot or parcel fronting on US Highway 31E. 2. All required landscape buffers, per Article 13, Section 13.04, shall be installed on the property. If a residential use is located adjacent to the property the required buffer yard shall be no less than 30 feet in width. 3. The property or properties shall be adjacent to a railroad right-of-way to provide an option for direct service by rail. 4. Driveways to/from the site shall be design with appropriate radii for large truck access and meet the access management spacing requirements of the City. 5. No in-operable vehicles shall be stored on the property. 6. Inventory shall not be stacked or elevated above 8 feet in height from the ground for a distance of no less than 30 feet from any property boundary. In no case shall stacked materials exceed 30 feet in height. 7. An opaque fence or wall shall be provided along adjacent private properties. D. Conditional Uses - The following activities may be permitted only as conditional uses in accordance with Section 15.06: Commercial Activities Group Assembly Extensive Automotive Disassembly, Parts Recycling, and Materials Recovery Operations Community Facility Activities 8-10 Attachment 2-5 Intermediate Impact Extensive Impact Limited Child and Adult Care Place of Worship E. Prohibited Uses and Structures - Any uses or structures not of a nature specifically permitted herein, and any use not conforming to the performance standards set forth in Article 13.00 of this Ordinance are prohibited. 08.03.020 Bulk Regulations A. Maximum Lot Coverage - 50 percent B. Maximum Floor Area Ratio - 2.0 08.03.030 Area Regulations A. Minimum Lot Area - 10,000 square feet B. Minimum Front Yard - 10 feet C. Minimum Side Yard - 10 feet D. Minimum Rear Yard - 20 feet E. Minimum Building Setback - 10 feet Greater yard and building setbacks may be required when the CG zoned properties are located adjacent to a separate zoning district to comply with bufferyard requirements of Article, 13, Section 13.03. Setbacks from roadways scheduled for widening shall meet the setback from the projected future right-of-way line per the Comprehensive Plan. 08.03.031 Height Regulation - Maximum Height 60 feet 08.03.040 Use of Required Yard A. Landscaping - All required yard areas not occupied by sidewalks, and driveways shall be devoted to landscaping as defined in Sections 13.04 and 13.05. B. Driveways - Provided that no driveway shall occupy more than half of any required yard. C. Sidewalks - Provided that no sidewalk shall occupy more than half of any required yard. 8-11