Municipal Board of Zoning Appeals

Agenda Gallatin Municipal Board of Zoning Appeals Thursday, June 23, 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 • May 26, 2022 Municipal Board of Zoning Appeals Minutes REGULAR AGENDA 1. GMBZA RESOLUTION # 2022-006 CUP-2022-0015 GALLATIN MARINA MOBILE HOME PARK RUBRIGHT, LLC THE OWNER AND APPLICANT REQUEST APPROVAL OF AN AMENDED CONDITIONAL USE PERMIT FOR GALLATIN MARINA (COMMUNITY FACILITY-INTERMEDIATE IMPACT ACTIVITY) PER SECTION 06.05.020.C OF THE GALLATIN ZONING ORDINANCE, TO PERMIT FOUR ADDITIONAL MOBILE HOME UNITS, ON A 7.35 +/- ACRE PARCEL (TAX MAP 148, PARCEL 002.00), ZONED R-15 MEDIUM DENSITY RESIDENTIAL, LOCATED WEST OF LOCK 4 ROAD AND NORTH OF EMILLE POINT. 2. OTHER BUSINESS 3. ANNOUNCEMENTS 4. MOVE TO ADJOURN  MINUTES OF THE GALLATIN MUNICIPAL BOARD OF ZONING APPEALS MEETING May 26, 2022 Members Present Staff Present Jimmy Moore, Chair William McCord, Director of Planning Drew Schreiner, Vice Chair Valeria Martinez, Planner I Ciera Holman, Secretary Leticia Alexander, Staff Attorney Jeannie Gregory Suzanne Simon, Planning Admin II Matt Harris Absent Others Present None Applicant The Gallatin Municipal Board of Zoning Appeals met in a regular meeting on Thursday, May 26, 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. Simon called the roll. Mr. Harris motioned to approve the February 24, 2022 Municipal Board of Zoning Appeals meeting minutes. Ms. Gregory seconded the motion and the motion passed by roll call vote of 5 ayes; 0 nays. Agenda Item 1: GMBZA Resolution No. 2022-004 – 946 Long Hollow Pike Duplex – Conditional Use Permit (CUP-2022-0014) – 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. Ms. Val Martinez, Planner I, presented the request for approval of a Conditional Use Permit to construct a two-family duplex in the R10 – Medium Density Residential District. Staff recommends approval of Resolution No. 2022-004. Vice Chair Schreiner recused himself from the vote. Chair Moore opened the public hearing. No one came forward to speak; therefore, Chair Moore closed the public hearing. Mr. Zack Baker, with GreenLid Design, LLC, represented the applicant. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 2 May 26, 2022 Ms. Leticia Alexander, Staff Attorney, advised the Board that Mr. Schneider should not speak before the Board because he is a voting member of the Board and the applicant. Mr. Harris motioned to approve Resolution No. 2022-004 with four conditions of approval. Ms. Gregory seconded the motion and the motion passed by 4 ayes; 0 nays (1 recused Mr. Schneider). Item 3: Other Business There was no other business before the Board. Item 4: Announcements Ms. Martinez said that the Assistant Director of Planning is back from maternity leave and a new Planner III was hired. Mr. William McCord, Director of Planning, said that the Planning Department will be up to full staff in July. Item 5: Adjourn There being no further business to discuss, Chair Moore adjourned the meeting. Respectively Submitted: ________________________________ Marianne Mudrak, Board Secretary Approved: ________________________________ ____________________________ Jimmy Moore, Chair Ciera Holman, Secretary Item 1 GMBZA Resolution No. 2022-006 A RESOLUTION OF THE CITY OF GALLATIN MUNICIPAL BOARD OF ZONING APPEALS APPROVAL OF AN AMENDED CONDITIONAL USE PERMIT FOR THE GALLATIN MARINA (COMMUNITY FACILITY-INTERMEDIATE IMPACT ACTIVITY) PER SECTION 06.05.020.C OF THE GALLATIN ZONING ORDINANCE, TO PERMIT FOUR ADDITIONAL MOBILE HOME UNITS, ON A 7.35 +/- ACRE PARCEL (TAX MAP 148, PARCEL 002.00), ZONED R-15 MEDIUM DENSITY RESIDENTIAL, LOCATED WEST OF LOCK 4 ROAD AND NORTH OF EMILEE POINT. (CUP-2022-0015). WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS approved a Conditional Use Permit for Gallatin Marina in 1996 and the plan provided with the Conditional Use Permit included 14 modular homes and other marina related uses, WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS considered the Amended Conditional Use Permit request for Gallatin Marina, a Community Facility-Intermediate Impact Activity (Commercial Marina and Boat Dock) use, located west of Lock 4 Road and north of Emilee Point (Tax Map 148, Parcel 002.00), submitted by the applicant, Rubright Marinas, on June 23, 2022; and WHEREAS, the Article 3.00, Section 03.06.070 of the Zoning Ordinance of Gallatin, Tennessee classifies Commercial Marinas and Boat Docks as an Intermediate Impact Community Facility and Section 06.05.010.C requires a Conditional Use Permit for an Intermediate Impact-Community Facility in the R-15 Medium Density Residential zone district; 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 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS makes the following findings pursuant to TCA Section 13-7-206; 13-7-207(2); and Article 15.00, Section 15.06.030, Section 15.06.040 and Section 15.06.050.G of the Gallatin Zoning Ordinance: 1 Item 1 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 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. The proposed amended Conditional Use Permit complies with all four conditions and requirements of Section 15.06.040 of the G.Z.O. as described in the staff report. Section 2. The Gallatin Municipal Board of Zoning Appeals in its deliberations finds that the applicant meets the Special Conditions for Intermediate Impact Activities in the R-15 zoning district set forth in Gallatin Zoning Ordinance § 15.06.050.G as follows: A. The location, size, number, and design of the four mobile home units related to the intermediate impact facility as an accessory use of the marina as shown on the site plan is compatible with the surrounding area and will not create an adverse impact on the surrounding area. B. The traffic impact generated by the additional dwelling units can be accomondated by existing driveways and vehicle circulation areas on the site and by the area roadways. C. The proposed dwelling units provide for a minor expansion of previously approved accessory uses of the marina approved by the MBZA in 1996 and such additional units serve as a basic accessory use to the marina, providing a convenient and functional living environment for the site and use. D. Sufficient code compliant parking shall be provided for the additional residential units and a site plan shall be approved by the Planning Commission to ensure that the use conforms to all applicable provisions of this Ordinance for the R-15 Medium Density Residential zoned district and is necessary for public convenience in that location. 2 Item 1 BE IT FURTHER RESOLVED THAT THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS hereby grants approval of an Amended Conditional Use Permit for Gallatin Marina pursuant to Article 06.05, Section 06.05.020.C., and Article 15.00, Section 15.06 of the Gallatin Zoning Ordinance, for an Intermediate Impact (Commercial Marina and Boat Dock) use on a 7.35 acre parcel (Tax Map 148, Parcel 002.00), located west of Lock 4 Road and north of Emilee Point with the following conditions: 1. Applicant shall submit a Site Plan application for review and approval by the Planning Commission and comply with all Fire Code requirements. The application must meet all of the regulations adopted by the City of Gallatin except where exceptions are granted or variances are authorized. The plan of development shall be substantially consistent with the Preliminary Site Plan for Conditional Use for Gallatin Marina, consisting of a one (1) sheet plan, included as ‘Exhibit A’. 2. Submit two (2) half-size corrected and folded copies, including one digital copy (PDF & DWG), of the Conditional Use Permit plans to the Planning Department for review and approval. 3. The owner/or operator shall submit an application for a new or revised Conditional Use Permit if substantial changes are made to the conditional permit use site plan. Substantial changes include any addition of dwelling units and any addition to any building exceeding twenty (20) percent or more increase in the building square footage of the proposed facility or a change of use or any additional uses or activity occurring on this site not granted as part of this Conditional Use Permit. 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: 06/23/2022 3 Item 1 ____________________________ Jimmy Moore, Chairman ____________________________ John Puryear, Secretary APPROVED AS TO FORM: _________________________________ Susan High-McAuley City Attorney 4 Exhibit A  ITEM 1 PLANNING DEPARTMENT STAFF REPORT Amended Conditional Use Permit for Gallatin Marina (CUP-2022-0015) Located at 727 Marina Private Drive Date: June 23, 2022 PUBLIC HEARING REQUEST: OWNER AND APPLICANT REQUEST APPROVAL OF AN AMENDED CONDITIONAL USE PERMIT FOR GALLATIN MARINA (COMMUNITY FACILITY-INTERMEDIATE IMPACT ACTIVITY) PER SECTION 06.05.020.C OF THE GALLATIN ZONING ORDINANCE, TO PERMIT FOUR ADDITIONAL MOBILE HOME UNITS, ON A 7.35 +/- ACRE PARCEL (TAX MAP 148, PARCEL 002.00), ZONED R-15 MEDIUM DENSITY RESIDENTIAL, LOCATED WEST OF LOCK 4 ROAD AND NORTH OF EMILLE POINT (CUP-2022-0015) OWNER: NATE RUBRIGHT DBA RUBRIGHT MARINAS APPLICANT: NATE RUBRIGHT DBA RUBRIGHT MARINAS STAFF RECOMMENDATION: RECOMMEND APPROVAL OF GMBZA RESOLUTION NO. 2022-06 STAFF CONTACT: JIM CARPENTER, AICP MBZA MEETING DATE: JUNE 23, 2022 PROPERTY OVERVIEW: Owner and applicant request approval of an amended Conditional Use Permit for Gallatin Marina (Community Facility-Intermediate Impact Activity) Per Section 06.05.020.C of the Gallatin Zoning Ordinance, to permit four additional mobile home units, on a 7.35 +/- acre parcel (Tax Map 148, Parcel 002.00), zoned R-15 Medium Density Residential, located west of Lock 4 Road and north of Emille Point (Attachment 1-1 and 1-2) A Community Facility-Intermediate Impact (Commercial Marina and Boat Dock) use requires a Conditional Use Permit in the R-15 Medium Density zone district. The affected property owners were notified by mail about the amended 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 GMBZA Resolution No. 2022-006. The minor expansion of the existing use is consistent with the approved conditional use permit. CASE BACKGROUND: Property History and Previous Approvals The property has operated as a marina for more than forty years, since before it was annexed into the City of Gallatin in 1979 (Ord. O79-107). In 1996, the property was brought into conformance with City Code when a Conditional Use Permit was approved for the Marina (B-16-96). Amended CUP Gallatin Marina (CUP-2022-0015) June 23, 2022 Many of the existing uses were noted on the conceptual site plans for the property, including 13 modular/mobile homes (Attachment 1-3). A building permit was issued for the boat storage facilities in 2011 (P030219-11). In 2021, Planning staff approved an in-house site plan for additional parking at the far east end of the property (SPLAN-2021-0097). This parking has not yet been constructed. DISCUSSION: Proposed Development Owner and applicant request approval of an Amended Conditional Use Permit for Gallatin Marina (Intermediate Impact) per Section 06.05.020.C of the Gallatin Zoning Ordinance, on a 7.35 +/- acre parcel (Tax Map 148, Parcel 002.00), zoned R-15 Medium Density Residential, located West of Lock 4 Road and North of Emilee Point. At the time of existing Conditional Use Permit approval, 13 mobile home/trailer spaces were included as accessory use structures as part of the operations of the marina along with a restaurant and a small four-room motel. The applicant recently demolished the motel due to its condition and requests approval to add four more mobile homes to replace the units. The applicant submitted a conceptual plan with the conditional use application for the Board’s consideration. If the CUP is approved, the applicant will need to submit a site plan for Gallatin Municipal Planning Commission review. This will require additional details of bulk, area and yard regulations, bufferyards, driveways, and parking including but not limited to sidewalks, signs, lighting, stormwater capacity and design. Only a small portion of the parcel is within a special flood hazard area according to FEMA FIRM Map, Community Panel No. 47165CO426G, dated April 17, 2012. Adjacent or Area Uses The adjacent property to the north is Mariner’s Cove, a townhome development approved in 2017. and Emilee Point Subdivision to the south built around 1976 are both zoned R-15. To the east is a vacant parcel, zoned R-40 and to the West is East Camp Creek, a part of Old Hickory Lake. PlanGallatin! PlanGallatin! designates the property as part of the Suburban Community Character Area (Attachment 1-4). Institutional and residential uses are listed as primary land uses for this character area. The recommended density for this area is from 2-5 units per acre, and with the additional residences, this site would have a residential density of 2.42 units per acre. PlanGallatin indicates that mixed-use developments should have increased bufferyards to minimize impacts on neighboring properties. Access This site is currently only accessible from Lock 4 Road. 2 Amended CUP Gallatin Marina (CUP-2022-0015) June 23, 2022 Parking Table 11-01, Section A of the Gallatin Zoning Ordinance requires two parking spaces per dwelling unit. Final parking design will be determined during site plan review. Architectural Features The applicant has not submitted architectural elevations at this time. This will be a requirement for site plan approval. The plans shall demonstrate compliance with Section 13.08.010, Gallatin Zoning Ordinance, Basic Design Criteria and Section 15.06.060.E.3 of the Gallatin Zoning Ordinance. Signage No new signage has been 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, Article 13, Section 13.07, and obtain sign permits from the Planning Department prior to the installation of any new 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 if 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; x The proposed Conditional Use Permit for a Community Facility Intermediate Impact Activity (Commercial Marina and Boat) use, will not significantly impact the public health, safety, or welfare of the area. The proposed buildings will be adjacent to existing mobile homes, so the character of the development is not changing. The development will be required to meet all of the requirements of the Gallatin Zoning Ordinance. x The Community Facility Intermediate Impact Activity (Commercial Marina and Boat Dock) use will utilize public water, sanitary sewer, and power sources from the appropriate utility companies. x As shown on the conceptual sketch, the buildings and parking areas will be designed and located and operated so that the public health, safety and welfare will be protected. B. Will not adversely affect other property in the area in which it is located; x This project will not have an adverse impact upon adjoining properties in which it is located provided that sufficient buffering and landscaping is provided per code and access to/from the site complies with City standards. The marina and accessory use is an existing facility/use, and the properties immediately surrounding the site are zoned R-15 Medium Density Residential and the lake. 3 Amended CUP Gallatin Marina (CUP-2022-0015) June 23, 2022 x The development 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. The expansion is minor compared to the existing scope of the development. C. Is within the provisions of "Conditional Uses" as set forth in this Ordinance; x Community Facility Intermediate Impact Activity (Commercial Marina and Boat Dock) use is a conditional use community facility activity in the R-15 Medium Density Residential zone district per Section 08.02.010.C, and per Section 15.06.050.G of the Gallatin Zoning Ordinance and a site plan will be reviewed by the Planning Commission. 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. x This project conforms to all applicable provisions of this Ordinance for the R-15 Zoning District. The Community Facility Intermediate Impact Activity expansion (Commercial Marina and Boat Dock) use supports accessory uses for the marina including recreational/water access in an area convenient for the citizens of the City. Special Conditions for Community Facilities-Intermediate Impact for Conditional Use Permit Section 15.06.050.G. 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 if the Board finds that it: A. The location, size, number, and design of the four mobile home units related to the intermediate impact facility as an accessory use of the marina as shown on the site plan is compatible with the surrounding area and will not create an adverse impact on the surrounding area; x The four additional mobile home units are replacing a substandard motel building, and represent a minor expansion of existing accessory uses on the site. B. The traffic impact generated by the additional dwelling units can be accomondated by existing driveways and vehicle circulation areas on the site and by the area roadways; x Since the units are replacing previously approved units, the traffic impact from this amendment will be negligible. C. The proposed dwelling units provide for a minor expansion of previously approved accessory uses of the marina approved by the MBZA in 1996 and such additional units serve as a basic accessory use to the marina, providing a convenient and functional living environment for the site and use; 4 Amended CUP Gallatin Marina (CUP-2022-0015) June 23, 2022 x The expanded residential density of the site is well within the range of the Suburban Community Character Area, and are a minor amendment to the previously approved accessory uses with the original Conditional Use Permit. D. Sufficient code compliant parking shall be provided for the additional residential units and a site plan shall be approved by the Planning Commission to ensure that the use conforms to all applicable provisions of this Ordinance for the R-15 Medium Density Residential zoned district and is necessary for public convenience in that location; x Planning Commission will review a site plan to make sure the addition conforms to all applicable provisions of the Gallatin Zoning Ordinance. 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 and commented on the Conditional Use Permit. These comments will be reserved and applied at site plan review. Other Departmental Comments The other City Departments reviewed and commented on the Conditional Use Permit with the following comments. These comments will applied at site plan review: x Additional addresses must be assigned by E-911 at the site plan stage. x The development is subject to the Gallatin Department of Electricity’s (GDE) Underground Policy. x All of GDE’s existing facilities that are required to be relocated will be at developer’s expense. RECOMMENDATION: The Planning Department recommends approval of GMBZA Resolution No. 2022-006. ATTACHMENTS Attachment 1-1 Location Map Attachment 1-2 Amended Conditional Use Permit Sketch for the Gallatin Marina Attachment 1-3 Approved Conditional Use Permit Sketch for the Gallatin Marina Attachment 1-4 PlanGallatin! Suburban Community Character Area 5 Attachment 1-1 *DOODWLQ0DULQD 30      PL 2YHUULGH &LW\/LPLWV     NP $GGUHVVHV 6WUXFWXUHV 5DLOURDG +LVWRULF'LVWULFW 7HQQHVVHH 676 *,6 (VUL +(5( *DUPLQ *HR7HFKQRORJLHV ,QF 86*6 (3$(VUL+(5(*DUPLQ F 2SHQ6WUHHW0DSFRQWULEXWRUVDQGWKH*,6XVHU 6WUHHW&HQWHUOLQHV &LW\3DUFHOV FRPPXQLW\6XPQHU&RXQW\*DOODWLQ*,6 7KLVSURGXFWLVIRULQIRUPDWLRQDOSXUSRVHVDQGPD\QRWKDYHEHHQ Attachment 1-2 Attachment 1-3 Attachment 1-4 Community Character A visual representation of the types of development viewed as suitable for Suburban areas Land Uses Characterized by a mixture of residential neighborhoods and subdivisions with institutional and commercial uses located along key corridors. Mixed- use developments with multi-family dwelling options are encouraged to PDNHHIÀFLHQWXVHRIODQGEXWVKRXOG PLWLJDWHDQ\QHJDWLYHLPSDFWVRIWUDIÀF and noise by incorporating appropriate urban design and landscape buffers. Transportation A connected local street network that adequately connects neighborhoods to each other and commercial activity will maximize safety and accessibility. The street network should be designed WRGLVSHUVHYHKLFXODUWUDIÀFDQGDOORZV residents to walk or bike to transit and nearby destinations. Arterial and collector streets should also include accommodations for pedestrians, cyclists, and transit users. Open Space Open space should be achieved through publicly accessible parks and plazas with landscape buffers provided along pedestrian routes. Typical Form 2QHWRWKUHHVWRU\EXLOGLQJZLWKÁH[LEOHVHWEDFNVWRDFFRXQWIRUWKHGLYHUVHQHHGVRIWKHVXEXUEDQFKDUDFWHU Parking for new development is encouraged to be located along the side and rear of buildings to improve accessibility by pedestrians, cyclists, and transit users and to contribute to a quality aesthetic. Recommended Density Key This page provides examples of various land uses, transportation infrastructure, and open space that is suitable for the Suburban character area across /RZHU(QG WRXQLWVSHUDFUHRIUHVLGHQWLDO a range of densities. The density depicted in each 0LG5DQJH WRXQLWVSHUDFUHRIUHVLGHQWLDO photo corresponds to the range represented in the density key to the left. +LJKHU(QG WRXQLWVSHUDFUHRIUHVLGHQWLDO 78 Attachment 1-4 Suburban Less Suitable Photos below show examples of development that would be less suitable for Gallatin’s Suburban areas. x x x x x Cul-de-sacs with limited Strip malls Large setbacks with High density residential Residential areas should connectivity discouraged discouraged surface lots discouraged discouraged have access to sidewalks Chapter 8: Guiding Growth | 79