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Agenda Gallatin Municipal Board of Zoning Appeals Thursday, July 25, 2019 Municipal Board of Zoning Appeals - 5:30 p.m. DR. J. DEOTHA MALONE COUNCIL CHAMBERS CITY HALL • Call to Order • Invocation • Pledge of Allegiance • Roll Call • Minutes: June 27, 2019, Gallatin Municipal Board of Zoning Appeals Meeting REGULAR AGENDA 1. GMBZA RESOLUTION NO. 2019-007 CUP-2019-0001 GRACE CHURCH – CONDITIONAL USE PERMIT GREENLID DESIGN, LLC OWNER AND APPLICANT REQUESTS APPROVAL OF A CONDITIONAL USE PERMIT (CUP), FOR A PLACE OF WORSHIP FACILITY, PER SECTION 06.02.030 OF THE GALLATIN ZONING ORDINANCE, ON PROPERTY CONTAINING 12.6 +/- ACRES, LOCATED AT 109 NEALS COURT, NORTH OF LONG HOLLOW PIKE AND WEST OF NEALS LANE. 2. OTHER BUSINESS 3. MOVE TO ADJOURN  GMBZA Resolution No. 2019-007 RESOLUTION OF THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS APPROVING A CONDITIONAL USE PERMIT FOR A PLACE OF WORSHIP FACILITY, PER SECTION 06.02.030 OF THE GALLATIN ZONING ORDINANCE FOR PROPERTY CONTAINING 12.6 +/- ACRES, LOCATED AT 109 NEALS COURT, NORTH OF LONG HOLLOW PIKE AND WEST OF NEALS LANE. (CUP-2019- 0001) WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS considered the request for a conditional use permit for a place of worship use for property located at 109 Neals Court, per Section 06.02.030 of the Gallatin Zoning Ordinance, submitted by the applicant, GreenLID, at its regular meeting on July 25, 2019; and WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS has reviewed the application materials and supporting documentation submitted by the applicant, the analysis, findings and recommendations presented by City Staff and in the Municipal Board of Zoning Appeals Staff Report, and evidence and testimony presented during the meeting; and WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS is required in its deliberations, pursuant to Gallatin Zoning Ordinance Section 15.04.028.F, to indicate the specific section of the Zoning Ordinance of Gallatin, Tennessee under which the conditional use permit is being considered and state specific findings and specifically identified the specific conditions for a place of worship used for such action by the Board; and WHEREAS, The request to approve the Conditional Use Permit for the Place of Worship Use for property located at 109 Neals Court, including both tax parcels 124 099.01 and 124 097.00 per Section 06.02.030 of the Gallatin Zoning Ordinance, meets all four (4) General Conditions for a Conditional Use Permit use as described in the body of the Staff Report and as set forth in Gallatin Zoning Ordinance, Section 15.06.040; and WHEREAS, The request to approve the Conditional Use Permit for the Place of Worship Use for property located at 109 Neals Court, per Section 06.02.030 of the Gallatin Zoning Ordinance, meets all five (5) Special Conditions for Place of Worship use as described in the body of the Staff Report and as set forth in Gallatin Zoning Ordinance, Section 15.06.050.H; 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 Section 15.06.040 and Section 15.06.050.H of the Gallatin Zoning Ordinance: Section 1. Conditional Use Permit Findings: 1. 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 these requirements. A Conditional Use Permit shall be granted provided the Board finds that it: 1) Is so designed, located, and proposed to be operated so that the public health, safety and welfare will be protected.  The building currently exists and is located in the A District, and is so designed, located, and proposed to be operated so that the public health, safety and welfare is and will be protected. 2) Will not adversely affect other property in the area in which it is located.  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. 3) Is within the provisions of "Conditional Uses" as set forth in this Ordinance.  The use of Place of Worship is within the allowed “Conditional Uses” of this property and surrounding properties per Section 15.06.050.H of the Gallatin Zoning Ordinance. 4) Conforms to all applicable provisions of this Ordinance for the district in which it is to be located and is necessary for public convenience in that location.  This project conforms to all applicable provisions of this Ordinance for district A. 2. Special Conditions for Place of Worship Activities Section 15.06.050.H. of the Gallatin Zoning Ordinance outlines the following special conditions for Place of Worship Activities. 1) No such facilities shall be permitted on a zone lot unless it contains twice the lot area requirements of the district except those facilities proposed in R-40 and A zoned districts where the minimum district lot size shall apply.  The facility, located in the A district, meets the minimum district lot size. The property contains 12.6 +/- acres while the A zoning district requires a 2.5 acre minimum lot size. 2) The location, size, and design of such facilities shall be situated so that the proposed facility shall be compatible with the development within the surrounding area thus reducing the impact upon such area.  The existing facility meets all size and design requirements, and is situated so that it is compatible with the development within the surrounding areas to reduce the impact upon the area. Direction Use Distance South-South West Single Family Residence +/- 578 Feet South –South West Single Family Residence +/- 906 Feet South-South West Agricultural-Equestrian +/- 129 Feet Rink/Round Pen/Bull pen North Single Family Residence +/- 528.39 Feet (Manufactured) East Single Family Residence +/- 200 Feet West Single Family Residence +/- 2,584.90 Feet  The existing building is located +/- 200 feet from the nearest structure, a single family residence located at 105 Neals Lane to the east. To the north, the survey indicates an existing manufactured home approximately 528.39 feet away with a fenced in field between the structures. To the south, a creek of limited size is +/- 458.23 feet from the edge of the parking lot with mowed space in between. A full +/- 1565.98 feet away is the edge of Right of Way for Long Hollow Pike (SR-174) with mowed space in between. 3) Such facilities shall be located only on major or collector streets as shown on the official major thoroughfare plan.  The existing building will be located on a major collector street (Long Hollow Pike), upon completion of a driveway. The proposed driveway is shown on the site plan. 4) All bulk regulations of the district shall be met.  All other bulk regulations comply with A district regulations. 5) The off-street parking requirements of this Ordinance in Article 11.00 shall apply.  Site plan will be provided and parking will be shown on the site plan and will be provided pursuant to GZO 11.04.020 and Table 11-01 based on the determination of maximum capacity of public assembly by the City of Gallatin’s fire marshal or similar person with authority to make this determination on a 1:3 minimum parking count or 1:2 maximum parking count. The area for parking will also required to be paved per COG ZO 11.09.025. Section 2. Action – The Gallatin Municipal Board of Zoning Appeals hereby grant a Conditional Use Permit pursuant to Section 06.02.030 of the Gallatin Zoning Ordinance, for a place of worship facility on a 12.6 +/- acre parcel at 109 Neals Court with the following conditions: 1. The plan of development shall be substantially consistent the Preliminary Site Plan for Conditional Use for Grace Church, currently consisting of a 13 sheet plan, prepared by GreenLID Design of Gallatin, Tennessee, with project number 19.010G, and dated June 10, 2019 2. The applicant shall submit a site plan application for review by the Gallatin Municipal Regional Planning Commission including a survey, the entirety of the site, and capacity of the existing septic waste disposal system. 3. The conditional use permit plan does not give entitlement to actual parking or driveway locations. 4. 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 additions exceeding twenty (20) percent or more increase in the square footage of the proposed facility or a change of use or any additional uses or activity occur on this site not granted as part of this Conditional Use Permit . 5. Driveway plans for a connection to Long Hollow Pike (SR 174) . 6. The existing tree row along the eastern property line shall be maintained and enhanced to provide additional visual screening between the proposed church and the adjacent (approx. 200 feet) single family residence. 7. Provide a legal description of the property. 8. Any structures shall be reviewed under 2018 IBC 303.4 Assembly Group A-3, 2018 IFC code, and other regulations for an assembly type use by the City Codes department. BE IT FURTHER RESOLVED BY THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS that this resolution shall take effect from and after its final passage, the public welfare requiring such. IT IS SO ORDERED. PRESENT AND VOTING AYE: NAY: DATED: 07/25/2019 ____________________________ Jimmy Moore, Chair ____________________________ Jeannie Gregory, Secretary APPROVED AS TO FORM: __________________________________ SUSAN HIGH-MCAULEY CITY ATTORNEY  ITEM 1 PLANNING DEPARTMENT STAFF REPORT Conditional Use Permit for Place of Worship (CUP-2019-0001) Located at 109 Neals Court, North of Long Hollow Pike and West of Neals Lane Date: July 22, 2019 REQUEST: OWNER AND APPLICANT REQUESTS APPROVAL OF A CONDITIONAL USE PERMIT (CUP), FOR A PLACE OF W ORSHIP FACILITY, PER SECTION 06.02.030 OF THE GALLATIN ZONING ORDINANCE, ON PROPERTY CONTAINING 12.6 +/- ACRES, LOCATED AT 109 NEALS COURT, NORTH OF LONG HOLLOW PIKE AND W EST OF NEALS LANE. . OWNER: GRACE CHURCH APPLICANT: GREENLID STAFF RECOMMENDATION: APPROVAL OF GMBZA RESOLUTION 2019-007 STAFF CONTACT: JOSH KING MBZA DATE: JULY 22, 2019 PROPERTY OVERVIEW: The owner and applicant request approval of a Conditional Use Permit (CUP) for a Place of Worship facility, per Section 06.02.030 of the Gallatin Zoning Ordinance, on property containing 12.6 +/- acres located at 109 Neals Lane, North of Long Hollow Pike and West of Neals Lane. The property is located in an A-Agricultural-Residential zone district. (Attachment 1-1) CASE BACKGROUND: Previous Approvals The property was annexed by the City of Gallatin as part of a larger 2,839 acre annexation under Ordinance 00802-14 with an effective date of 4/1/2008. The Sumner County Register of Deeds tax records indicate the buildings were constructed between 1999 and 2006, before the City of Gallatin’s annexation. An in-house site plan for Lifeworks Counseling Center was approved by City of Gallatin Planning staff on June 15, 2016. This use was limited to an undefined square footage of the residential quarters attached to the barn. The plans submitted indicated the remainder of the building was to continue use as an agricultural facility (Attachment 1-3). There are no active use or business license associated with this parcel. Sumner County Tax records indicate Grace Church purchased the 109 Neals Lane on 8/29/2018. DISCUSSION: Project Site Information The property include two parcels totaling 12.61 (Map 124 Parcels 097.00 and 099.01). The parcels were originally part of the larger property known locally as “Bagsby Ranch” and used for agricultural Conditional Use Permit for Grace Church (CUP-2019-0001) July 22, 2019 purposes (horse barn) and agricultural tourism uses. Parcels larger than 5 acres can be subdivided by deed, as these parcels have previously been. The Conditional Use Permit application includes a site plan that indicates a single church building, parking location, one (1) driveway onto Long Hollow Pike (SR-174), an existing shared access to Neals Lane, and an existing manufactured home at the northern end of the property. The access drive leads to the parking area and connects to a shared driveway eventually connecting to Neals Lane. The Engineering Division noted this conditional use permit plan does not entitle the applicant to the parking location or driveway connection as shown on this plan. A separate site plan (SPLAN-2019-003) (Attachment 1-3) will be heard by the Gallatin Regional and Municipal Planning Commission at its August 26, 2019 meeting, pending the BZA approval of the conditional use permit. This site plan will contain any additional conditions of approval the BZA deems prudent and justified to protect the interest of the Neighboring property owners and City of Gallatin. Engineering Departmental Comments The applicant has satisfied all Engineering Division review comments. Approval of this Conditional Use Permit does not entitle the owner to build and construct a parking lot or driveway connection at the location as shown on this plan. Other Departmental Comments The City Codes department indicated the church would need to be reviewed under 2018 IBC 303.4 Assembly Group A-3, 2018 IFC code, and other regulations for an assembly type use. All other City Departmental review comments have been satisfied for the Conditional Use Permit Conditional Use Permit Findings: 1. 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 these requirements. A Conditional Use Permit shall be granted provided the Board finds that it: 1) Is so designed, located, and proposed to be operated so that the public health, safety and welfare will be protected.  The building currently exists and is located in the A district, and is so designed, located, and proposed to be operated that so that the public health, safety and welfare is and will be protected. 2) Will not adversely affect other property in the area in which it is located.  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. 3) Is within the provisions of "Conditional Uses" as set forth in this Ordinance.  The use of Place of Worship is within the allowed “Conditional Uses” of this property and surrounding properties per Section 15.06.050.H of the Gallatin Zoning Ordinance. 2 Conditional Use Permit for Grace Church (CUP-2019-0001) July 22, 2019 4) 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 use conforms to all applicable provisions of the Residential-20 (R20) zone district. 2. Special Conditions for Place of Worship Activities Section 15.06.050.H. of the Gallatin Zoning Ordinance outlines the following special conditions for Place of Worship Activities. 1) No such facilities shall be permitted on a zone lot unless it contains twice the lot area requirements of the district except those facilities proposed in R-40 and A zoned districts where the minimum district lot size shall apply.  The facility, located in the A district, meets the minimum district lot size. The property contains 12.6 +/- acres while the A zoning district requires a 2.5 acre minimum lot size. 2) The location, size, and design of such facilities shall be situated so that the proposed facility shall be compatible with the development within the surrounding area thus reducing the impact upon such area.  The existing facility meets all size and design requirements, and is situated so that it is compatible with the development within the surrounding areas to reduce the impact upon the area. The minimum setback requirements for A District are: Front yard 75 feet, side yards 30 feet, and rear yard 40 feet. The structure intended for use as a church comply with these standards with a 1,192 foot front yard setback, 96 foot side yard setback (70 feet outside the driveway encroachment), and rear yard 738 feet. The manufactured home maintains a 50 foot rear yard setback, 121 side yard setback, and 528.39 feet between structures. Direction Use Distance South-South West Single Family Residence +/- 578 Feet South –South West Single Family Residence +/- 906 Feet South-South West Agricultural-Equestrian +/- 129 Feet Rink/Round Pen/Bull pen North Single Family Residence +/- 528.39 Feet (Manufactured) East Single Family Residence +/- 200 Feet West Single Family Residence +/- 2,584.90 Feet The existing building is located +/- 200 feet from the nearest structure, a single family residence located at 105 Neals Lane to the east. To the north, the survey indicates an existing manufactured home approximately 528.39 feet away with a fenced in field between the structures. To the south, a creek of limited size is +/- 458.23 feet from the edge of the parking lot with mowed space in between. A full +/- 1565.98 feet away is the edge of Right of Way for Long Hollow Pike (SR-174) with mowed space in between. The use of the shared driveway and Neals Lane will not be the primary point of access for this Conditional Use. Maintainence of portions of Neals Court will continue to be a part of the Long Subdivision (PB 11, PG 120). 3) Such facilities shall be located only on major or collector streets as shown on the official major thoroughfare plan.  The existing building will be located on a major collector street (Long Hollow Pike), upon completion of a driveway. The proposed driveway is shown on the site plan. 3 Conditional Use Permit for Grace Church (CUP-2019-0001) July 22, 2019 4) All bulk regulations of the district shall be met.  All other bulk regulations comply with A zoning district regulations. 5) The off-street parking requirements of this Ordinance in Article 11.00 shall apply.  Site plan will be considered by the Planning Commission. Parking shall be shown on the site plan and provided pursuant to GZO 11.04.020 and Table 11-01 based on the determination of maximum capacity of public assembly by the City of Gallatin’s fire marshal or building official with authority to make this determination on a 1:3 minimum parking count or 1:2 maximum parking count. The area for parking will also require the areas indicated for parking and drive aisles be paved per COG ZO 11.09.025. ATTACHMENTS: Attachment 1-1 Location Map Attachment 1-2 In house Change of Use Site Plan for Lifeworks Counseling Center (8-1968-16S) Attachment 1-3 Conditional Use Permit Site Plan (SPLAN-2019-003) Attachment 1-4 Survey (as provided by the applicant) I:PLANNING\Conditional Use Permits \CUP-2014-04 United Church (PC0319-14) KC (8-28-14) 4  CONDITIONAL USE PERMIT ATTACHMENT 1-1 Neals Long Hollow Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Legend 0 200 400 800 Feet Ü Grace Church Conditional Use Permit Streams DISCLAIMER:This product is for informational purposes and may not have been preparedor for, be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult JULY 25, 2019 BZA MEETING the primary data and information sources to ascertain the usability of the information. ATTACHMENT 1-4 l, B f ' ' ...'- ---' *.,' ,_l j cI t '.',. tr "' r) .. .,. I l \, (F d -1 ''I \ t I c-l 5 \ .î I ,... ì \\ 2 \ ) I --) Í&x ''&þo¿ I ,,,." I \ 'i' -- î',à- --. T.a -'f" ?í ålt"t" tff-i* l' ù t \ à t 9 *" \ 6ja I ,. \l/ g tÈ b ¡{l 'à I "q l¡¡ Y \ Þ t \ o- 3 6 ú¡ l¡¡ uJ o J cÀ .\¡ i -.1þL."4 '-ft"" E Jo It- l¡¡ o I z þE D ü) o s ul ¿8 z E ? rÊ o I o t 5o It a f@ Ê, ts r frt o- t T -0 ú n â õ.1Ë 2a o I{ () ìa I T J It€ fr fË (5 f Ë -'S cD E õE f;Ë o È o I J J rnf u¡ Y' J" t o (n o t- l¡J o G ¿ o \ \r. i' '+ I t: i_" ?È.¿" o r'C1". 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Er e:8 å¡iå¡ E * ì Ëtl !¡i¡ b¡l t- E ¡lå{å Ë¡ à ô ¡rfI ;:t tt ¡Ë! åË¡Ël$ È.r ! r:'¡ iåååååå; It ã ctÈ E rË 2 d :å¡¡:E¡å i¡ Ê83 EåÊi.gT êa ËÈ 5 ãEEËx !.¡ ó út ol ATTACHMENT 1-2 ln-House Site Plan Review LifeWorks Cou nsel i ng Center (B-1e68-165) Purpose: Change in Use from Dwellino one-Family Detached to Essential service - communitv center Site Address: 1624C Long Hollow Pike Gallatin, TN 37066 jri-i':,' , ! .. í'.. .,s Owner: Barton Bagsby ü) 1626 Long Hollow Pike (ì ,i.. ,lr I r¡rn ¡: 1_Uitt Gallatin, TN 37066 ; . !i l. !e+ ,.¡r,,,uS# Applicant: LifeWorks Counseling Center ,q Contact: Henry Bieber417004 ' r: ' .'. i: h, ; 3031 Long Hollow Pike Hendersonville, TN 37075 Acreage: 21.8 (+t-¡ acres (28.54 (+/-) surrounding acreage also owned by Bagsby) Zoning: A - Agricultural Tax Map#: Approved 124 098.01 000 CITY OF GALLATIN PI"ANNI OFFICE Min. Yards: Front 75 feet Side: 30 feet DATE d/& Rear: 40 feet Eïf Buildings: Using existing; no new additions proposed Existing Use: Dwelling One-Family Detached lntended Use: Essential Service - Community Center Other Uses On Lot: Crop and Animal Raising Parking: Required - Guidance services: 1 space per 300 square feet Provided - 16 parking spaces including two (2) hañdicapped accessible spaces FEMA: A review of F.E.M.A. Flood rnsurance Rate Map, community panels No. 47165c0293G & 4716sc029sc show part of this property to be within the 1OO-year floodptain; Zone A; Effective Date 4t17ti2. Notes: 1. All construction and use of the proposed Facility to Meet the Applicable Performance standards as set Forth ¡n ine city of Gallatin Zoning Ordinance, Section 13.02. 2. The owner/developer of this property is responsible for all financial matters. g.Mtf 'l|s  JOHNSTON MARC,AG o I J4iLrË.s ¿ Ê¡u_Y .=< Ø=; ¿opc€ r- trr< B(Ess,Nc m -l cx 3e - re^o, wì i.i o do 'rÐ n o I2 ô= B{.Ft( NAK Its L !J .--.ì o ETux yoNc A 7 z il I NASH JAÍUES K G ,,I EîUX STACEY rn rn p O xz ,l o I ¡: Ø m REEÐ YEIDAIENÊ (^ o %CARL Ø m -n -n PARKS z m m -l l c X CUTREIt DAN ETUX o IISA JoHNsroqQ¡qçç¡a G & CARLA D HURTEY o @ cÐ o -J i lN 'rl m (t à rS I r-' cL m -l cx gT I (D ç ¿:õ c)(D=' ì'B @ > n -{ o u) @ ã 7 m o z 7> ão IDÁ z à @ A o m L t\' i o 7 z x :-\ cALEA roAN peren ert],x,r-role Ð o 7 { m Ao BAtI'NGER @ JAMES D ET{,,X r V,CKIE I I o ) r- :0 cà o U, -l f- U, 'n m KINGStsURY fn ¡€PÞenvr 5' lt -l E x Erux [,NDA Â,n 'i, .l .l ! I o m --t ! cX 3 o * o € ø STOUTT JAA/ES aouNl\ S ETUX ,A,'"l- F TJ ,*"''n¡$ (- lt) (t, x à a ã m cX{ a m@ (¡ m At N) J -{ 2 ¡n N) O BENTLEY JOE A JR z -{ r- --l o) o