Municipal Board of Zoning Appeals

Agenda Gallatin Municipal Board of Zoning Appeals Thursday, May 26, 2022 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 • February 24, 2022 Municipal Board of Zoning Appeals Minutes REGULAR AGENDA 1. MBZA RESOLUTION NO. 2022-004 CUP-2022-0014 946 LONG HOLLOW PIKE DUPLEX GREENLID DESIGN, LLC THE OWNER AND APPLICANT REQUEST APPROVAL OF A CONDITIONAL USE PERMIT FOR A DWELLING TWO-FAMILY DUPLEX, ON A 0.36 +/- ACRE LOT, ZONED R10-MEDIUM DENSITY RESIDENTIAL DISTRICT, LOCATED AT 946 LONG HOLLOW PIKE (TAX MAP 126A/F/001.00). 2. OTHER BUSINESS 3. ANNOUNCEMENTS 4. MOVE TO ADJOURN  MINUTES OF THE GALLATIN MUNICIPAL BOARD OF ZONING APPEALS MEETING February 24, 2022 Members Present Staff Present Jimmy Moore, Chair William McCord, Director of Planning Drew Schreiner, Vice Chair Valerie Martinez, Planner I Ciera Holman, Secretary Leticia Alexander, Staff Attorney Jeannie Gregory Marianne Mudrak, Board Secretary Absent Others Present Matt Harris Applicant The Gallatin Municipal Board of Zoning Appeals met in a regular meeting on Thursday, February 24, 2022, 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. Mudrak called the roll. Chair Moore introduced Ms. Ciera Holman as the newest Member appointed to the Municipal Board of Zoning Appeals. Chair Moore motioned to approve the December 16, 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. GMBZA Resolution No. 2022-001 - Election of Officers Mr. Schreiner motioned to nominate Jimmy Moore as Chair. Ms. Gregory seconded the motion and the motion passed by 4 ayes; 0 nays. Ms. Gregory motioned to nominate Drew Schreiner as Vice Chair. Mr. Moore seconded the motion and the motion passed by 4 ayes; 0 nays. Ms. Gregory motioned to nominate Ciera Holman as Secretary. Mr. Schreiner seconded the motion and the motion passed 4 ayes; 0 nays. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 2 February 24, 2022 Agenda Item 1: GMBZA Resolution No. 2022-002 – Children Are People, Inc. – Conditional Use Permit (CUP- 2022-0012) – Roger Matchett & Associates Architects – The owner and applicant request approval of a Conditional Use Permit for the limited child care use in an existing building, on a 1.29 +/- acre lot, zoned IR-Industrial Restrictive, located at 805 Teal Drive (Parcel 125E//A//010.00). Ms. Val Martinez, Planner I, presented the request for a Conditional Use Permit for Children Are People daycare facility, located at 805 Teal Drive. Mr. Roger Matchett, with Matchett and Associates, representing the applicant, said the use is classified as Limited Day Care; however, the facility is operated as an after school tutoring center. Chair Moore asked how many students would attend. Mr. Matchett said typically 80 students would attend at full-capacity. Chair Moore opened the public hearing. No one came forward to speak; therefore, Chair Moore closed the public hearing. Vice Chair Schreiner motioned to approve Resolution No. 2022-002. Ms. Holman seconded the motion and the motion passed by 4 ayes; 0 nays. Item 2: GMBZA Resolution No. 2021-003 – Sumner County Courthouse Parking Garage – Variance (VAR-2022-0019) – Kimley-Horn – The owner and applicant request approval of a variance of 22 feet and four (4) inches to allow a maximum building height of 57 feet 4 inches, on a 0.83 +/- acre parcel, zoned CC-Core Commercial, located at 120 North Boyers Avenue (Parcels 126C//F/006.00 and 126C//F/007.00). Ms. Martinez presented the request for a height variance for the Sumner County Courthouse Parking Lot building. The stairwell adds eight (8) feet to the height for a total height of 57 feet four (4) inches. Staff recommends approval of the variance request. Mr. Randal Coy, with Nobox Development and Matt Haggler, Architect, represented the applicant. Chair Moore opened the public hearing. No one came forward to speak; therefore, Chair Moore closed the public hearing. Mr. Moore asked the number of spaces in the parking garage and the cost to park. Mr. Coy said 345 parking spaces are proposed and parking is free to the public. Some of the spaces will be reserved for the Christian Towers residents. He added that alleys will be used to connect East Main Street pedestrian access to the parking garage and the new courthouse. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 3 February 24, 2022 Chair Moore asked the completion date of the courthouse. Mr. Coy said the courthouse completion date is July 2023. Chair Moore asked if the parking garage will also be complete by July 2023. Mr. Coy said the plan is to have the parking garage complete by July 2023. Ms. Gregory motioned to approve Resolution No. 2022-003. Ms. Holman seconded the motion and the motion passed by 4 ayes; 0 nays. Item 3: Other Business Mr. McCord informed the Board of the TAPA Winter Retreat at Falls Creek Falls on March 3rd and 4th. Item 4: Announcements There were no announcements. Item 5: Adjourn There being no further business to discuss, Chair Moore adjourned the meeting at 5:56 P.M. Respectively Submitted: ________________________________ Marianne Mudrak, Board Secretary Approved: ________________________________ ____________________________ Jimmy Moore, Chair Ciera Holman, Secretary ITEM 1 GMBZA Resolution No. 2022-004 A RESOLUTION OF THE GALLATIN MUNICIPAL BOARD OF ZONING APPEALS APPROVING A CONDITIONAL USE PERMIT FOR A DWELLING-TWO FAMILY DUPLEX USE FOR 946 LONG HOLLOW PIKE DUPLEX, PER SECTION 06.06.020.C, 15.06.040, AND 15.06.080 OF THE GALLATIN ZONING ORDINANCE, ON A PROPOSED 0.35 +/- ACRE LOT (TAX MAP 126A, GROUP F, PARCEL 001.00), ZONED R10 – MEDIUM DENSITY RESIDENTIAL, LOCATED AT 946 LONG HOLLOW DRIVE (CUP-2022-0014). WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS considered the Conditional Use Permit request for the Dwelling Two Family-Duplex use at 946 Long Hollow Drive submitted by the applicant, GreenLID Design, at its regular meeting on May 26, 2022; and WHEREAS, THE CITY O F G A L L A T I N , 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 held a public hearing as required by Article 15, Section 15.06.020 Gallatin Zoning Ordinance; and WHEREAS, THE CITY O F G A L L A T I N , TENNESSEE 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, Section 06.06.020.C of the Zoning Ordinance of Gallatin, Tennessee classifies the Dwelling Two Family Duplex use as a Conditional Use in the R10 – Medium Density Residential zone district and the use complies with the General Requirements for a Conditional Use Permit described in Sec. 15.06.040 and with the Special Conditions for the Residential Dwelling Two Family Duplex as described in Sec. 15.06.080.A. NOW, THEREFORE, BE IT RESOLVED THAT THE GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS finds that the applicant meets the Standards for a Conditional Use for the Residential Activities Dwelling Two Family Duplex use set forth in Gallatin Zoning Ordinance Sections 15.06.030, 15.06.040, and 15.06.080 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 use is so designed, located, and proposed to be operated so that the ITEM 1 public health, safety and welfare will be protected; B. The use will not adversely affect other property in the area in which it is located. C. The use is within the provisions of "Conditional Uses" as set forth in this Ordinance. D. The use conforms to all applicable provisions of this Ordinance for the R10 – Medium Density Residential zoned district Section 2. The Gallatin Municipal Board of Zoning Appeals finds that the applicant meets the Special Conditions for Residential Activities Dwelling Two Family Duplex set forth in Gallatin Zoning Ordinance § 15.06.080.A as follows: A. The Dwelling Two Family Duplex will not adversely impact adjoining properties or the neighborhood in which such use is proposed. The effect upon traffic circulation will be minimal since only 12 to 20 daily trips will be generated by the use and these will be assigned to an adjacent roadway where traffic volumes are expected to decrease in the near future. Impact to schools will be minimal since only two residential units will be added. The necessary public utilities are available to the property and the site is suitable to accommodate the proposed duplex compliant with zoning. BE IT FURTHER RESOLVED THAT THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS approves a Conditional Use Permit request for the Dwelling Two Family Duplex use located on a proposed 0.35-acre lot (Tax Map 126A, Group F, Parcel 001.00) at 946 Long Hollow Pike with the following conditions: 1. The conditional use permit is subject to recording a replot of Lot 1 and Lot 22 Creekview Subdivision (P.B 10, Pg. 127). 2. The condistional use permit shall be substantially consistent with the one (1) sheet plan for 946 Long Hollow Pike Duplex proposed by GreenLID Design, LLC with job no. 21.104G, dated April 4, 2022. 3. The use of the subject property shall be limited to permitted uses in the R10- Medium Density Residential District and the Dwelling Two Family Duplex use as shown on the site plan. 4. The applicant shall obtain approval of a site plan from the Planning Department complying with Article 15.03.020 and Sec. 15.03.060. 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. ITEM 1 PRESENT AND VOTING AYE: NAY: DATED: 5/26/22 Jimmy Moore, Vice-Chair Ciera Holman, Secretary APPROVED AS TO FORM: SUSAN HIGH-MCAULEY CITY ATTORNEY  ITEM 1 PLANNING DEPARTMENT STAFF REPORT 946 Long Hollow Pike Duplex Conditional Use Permit Request Located at 946 Long Hollow Pike (CUP-2022-0014) Date: May 26, 2022 PUBLIC HEARING REQUEST: THE OWNER AND APPLICANT REQUEST APPROVAL OF A CONDITIONAL USE PERMIT FOR DWELLING TWO FAMILY DUPLEX USE FOR (946 LONG HOLLOW PIKE DUPLEX) PER SECTION 06.06.020.C., 15.06.040, AND 15.06.080 OF THE GALLATIN ZONING ORDINANCE, ON A PROPOSED 0.35 +/- ACRE LOT (TAX MAP 126A, GROUP F, PARCEL 001.00), ZONED R10 – MEDIUM DENSITY RESIDENTIAL DISTRICT, LOCATED AT 946 LONG HOLLOW PIKE. OWNER: DREW SCHREINER APPLICANT: GREENLID DESIGN (ANDY LEATH) STAFF RECOMMENDATION: APPROVAL OF GMBZA RESOLUTION NO. 2022-004 STAFF CONTACT: VALERIA MARTINEZ PLANNING COMMISSION DATE: MAY 26, 2022 PROPERTY OVERVIEW: The owner and applicant request approval of a Conditional Use Permit for Dwelling Two Family Duplex Use, per Sections 06.06.020.C, 15.06.040 and 15.06.080 of the Gallatin Zoning Ordinance, on a proposed 0.35+/- acre lot, zoned R10-Medium Density Residential, located at 946 Long Hollow Pike (Tax Map 125A, Group F, Parcel 001.00) The applicant proposes to replat two lots to create a lot with sufficient size to construct a duplex use on the property. The Dwelling Two Family Duplex use requires a conditional use permit in the R10 zone district. The adjacent surrounding property owners were notified by mail about the Conditional Use Permit request and 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.2022-004 CASE BACKGROUND: Previous Approvals The lot at 946 Long Hollow Pike was created as part of the 1978 Creekview Subdivision (Plat Book 10, Page 127, Lot 1). DISCUSSION: Analysis The owner and applicant requests approval of a Conditional Use Permit for a Two Family Duplex use for 946 Long Hollow Pike per Section 06.06.020.C. of the Gallatin Zoning Ordinance, on a proposed 0.35 +/- acre lot (Tax Map 126A, Group F, Parcel 001.00), zoned R10- Medium Density Residential, located at 946 Long Hollow Pike. The applicant proposes to construct a duplex on a proposed 15,075 SF lot. The CUP is conditioned upon approval of a replat to provide sufficient area (lot size) per Sec. 06.06.030. B. G.Z.O. This section of the code requires a minimum of 7,500SF of lot area per unit. Access The site currently has an apron for a driveway to Long Hollow Pike. Parking Parking requirements are based on the use of the property. The exact number of spaces will be addressed on a future site plan. Code requires a minimum of four spaces. The plan shows approximately 6 spaces. 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 Dwelling Two Family Duplex use on Tax Map 126A, Group F, Parcel 001.00 at 946 Long Hollow Pike, with proposed replat of the property will not significantly impact the public health, safety, or welfare of the area since the area is zoned as Medium Density Residential. • The proposed duplex will utilize public water, sanitary sewer, and power sources from the appropriate utility companies. • Parking for the use will be located in the side of the building. The site plan shall be provided by the applicant indicating the code required parking for approval by the Planning Department. • The proposed duplex shall constructed with stormwater/detention basins that provide water quality and quantity treatment. 2 B. Will not adversely affect other property in the area in which it is located; • The proposed duplex should not adversely affect other properties in the area. • The proposed 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 provided that the use complies with all Performance Standards Regulations of the Gallatin Zoning Ordinance. C. Is within the provisions of "Conditional Uses" as set forth in this Ordinance; • The Dwelling Two Family Duplex use is a legal conditional use in the R10- Medium Density Residential district per Section 06.06.020.C. and 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. • The proposed duplex use shall comply with all applicable provisions of the Gallatin Zoning Ordinance, including all setback, height, area, and bulk regulations and all Performance Standards Regulations. Specific Standards for Residential Activities including Special Conditions for Multi Family Dwelling and Mobile Home Parks Section 15.06.080.A of the Gallatin Zoning Ordinance outlines special conditions for multi family dwelling including duplexes in the R10 district and mobile home parks. The applicant's request meets all of the special conditions as described below. A Conditional Use Permit shall be granted provided that the Board finds that: In addition to the standards contained in this Ordinance, the Zoning Board of Appeals specifically finds 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 considers the effect upon traffic congestion, overcrowding of schools, availability of necessary public utilities, and suitability of the site for the use, and such other factors as the Board deems necessary. 1. The multifamily duplex development will meet bulk regulations and all lot size, setback, and lot coverage standards of R10- Medium Density Residential district. 2. The proposed use will generate a relatively insignificant volume of traffic on area roadways and traffic on this segment is expected to decrease when Albert Gallatin Ave extension is complete. 3 3. All public utilities and sewage disposal will be available on site and is subject to approval by the competent authority. 4. The proposed duplex use will have minimal impact to area schools. 5. Upon approval, the site and architectural plans for the duplex will be subject to approval by the Planning Department. RECOMMENDATION: Staff recommends that the Gallatin Municipal Board of Zoning Appeals approve GMBZA Resolution No. 2022-004 ATTACHMENTS: Attachment 1-1 Location Map Attachment 1-2 CUP-2022-0014-plan 4 ATTACHMENT 1-1 946 Long Hollow Pike 5/24/2022, 8:13:19 AM 1:1,128 0 0.01 0.01 0.03 mi Override 1 City Parcels FEMA Flood Zones 0 0.01 0.02 0.04 km 911 Addresses Railroad A, Street Centerlines AE, AE, FLOODWAY Tennessee STS GIS, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, City Limits EPA, FEMA, Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community, Sumner County 911, Gallatin GIS Structures X, 0.2 PCT ANNUAL CHANCE FLOOD HAZARD Historic District X, AREA OF MINIMAL FLOOD HAZARD This product is for informational purposes and may not have been ATTACHMENT 1-2