Board of Zoning Appeals

AGENDA PACKET Board of Zoning Appeals Board of Zoning Appeals March 21, 2023 05:30 pm 1199 Town Center Parkway, Spring Hill, TN 37174 888-774-8988 | www.springhilltn.org  CITY OF SPRING HILL BOARD OF ZONING APPEALS BOARD OF ZONING APPEALS March 21, 2023 05:30 pm A. CALL TO ORDER B. ROLL CALL C. GENERAL ANNOUNCEMENT The procedural rules for public comment will be as follows: The items will be taken in the order of the agenda. Audience members wishing to speak in regards to an agenda item must be recognized by the Chairman and will have five minutes to address the Board of Zoning Appeals. No rebuttal remarks will be allowed. Public Comment has also been provided through the BOZAPublicComment@springhilltn. org email address. D. PUBLIC COMMENT (NON-AGENDA ITEMS) E. APPROVAL OF THE JANUARY 17, 2023 BOARD OF ZONING APPEALS MEETING MINUTES. Attachment: BZA Meeting Minutes 01-17-23.pdf F. OLD BUSINESS G. NEW BUSINESS H. BZA 1370-20223 Submitted by Anderson Delk, Epps & Associates, Inc for Nasdaq Street, Map 167, Parcels 4.11 and 4.34. It is zoned C-4, and contains approximately 5.81 acres. The applicant is requesting special use for a drive thru and a variance for (4) four curb cuts. Requested by Joe Epps. Attachment: BZA 1370-2023 _NASDAQ Variance_ Special Use_.pdf Attachment: NASDAQ Vicinity Map.pdf Attachment: Concept Plan.pdf I. BZA 1371-2023 Submitted by Platinum Invest LLC, for White Hall Addition at 2536 Duplex Road and the adjacent lot. It is zoned C-D-E1 and contains approximately 2.785 acres. The applicant is requesting a special use for multifamily dwelling on the ground floor and a variance to increase the front setback. Requested by Dmitri Danylov. Attachment: BZA 1371-2023 _White Hall Variance_ Special Use_.pdf Attachment: Vicinity Map.pdf Attachment: Concept Plan.pdf J. OTHER BUSINESS K. ADJOURN Board of Zoning Appeals - Board of Zoning Appeals - 03/21/23 Page 1 of 1  ^ Back to Agenda ^ General Attachment: BZA Meeting Minutes 01-17-23.pdf SPRING HILL MUNICIPAL BOARD OF ZONING APPEALS REGULAR MEETING MINUTES TUESDAY, January 17, 2023 5:30 PM A. CALL TO ORDER Vice Chairman Rob Roten called the meeting to order at 5:30 PM. B. ROLL CALL Members present for the Meeting were: Vice Chairman - Rob Roten, Mayor - Jim Hagaman, Board Member Matthew Mezzatesta and Board Member Brandon McCulloch. Chairman – Terry Cantrell was absent Staff present: City Attorney - Patrick Carter, Sr Planner – Peter Hughes. Associate Planner - Jake McQueen, Planning Tech – Lucretia Sappington was absent. C. GENERAL ANNOUNCEMENT - The procedural rules for public comment will be as follows: The items will be taken in the order of the agenda. Audience members wishing to speak in regards to an agenda item must be recognized by the Chairman and will have five minutes to address the Board of Zoning Appeals. No rebuttal remarks will be allowed. Public Comment has also been provided through the BOZAPublicComment@springhilltn.org email address. D. PUBLIC COMMENT (NON-AGENDA ITMES) E. APPROVAL OF THE December 20, 2022 BOARD OF ZONING APPEALS MEETING MINUTES Matthew Mezzatesta made a motion to approve the December 20, 2022 Meeting Minutes as written. Motion seconded by Brandon McCulloch. Motion to approve the December 20, 20222, Meeting Minutes passed 4-0. F. OLD BUSINESS G. NEW BUSINESS 1. BZA 1334-2022: Submitted by Chris Johnson, Inc for 4926 Port Royal Rd, Suite D-E. The property is located at the Port Royal Business Center Plaza. It is zoned C-3, and contains approximately 3,258 square feet. The applicant is requesting a special use permit for a Reception Facility for private and public events. Requested by Drew Stokes. BZA Minutes 01-17-2023 Page 1 |2 Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 3 of 17) General Attachment: BZA Meeting Minutes 01-17-23.pdf (Page 1 of 2)  General Attachment: BZA Meeting Minutes 01-17-23.pdf Mayor Jim Hagaman made a motion to adopt the findings of fact and conclusions of law provided in this report and to approve special use application BZA 1334-2023 to permit a reception facility with the four (4) following conditions of approval: 1. An approved special use will expire one year from the date of approval according to the provisions of Article 13.3.G of the UDC. Permits must be obtained prior to the expiration of this special use. 2. The development must be reasonably consistent with the special use request submitted to the BOZA, subject to changes and conditions imposed by the Planning Commission. 3. The applicant must provide a signed shared parking agreement prior to the issuance of buildings permits and/or certificates of occupancy. 4. The applicant must provide standard operating hours prior to the issuance of buildings permits and/or certificates of occupancy. Motion seconded by Matthew Mezzatesta. Motion to approve BZA 1334-2023 passed 4-0. H. OTHER BUSINESS ADJOURN Matthew Mezzatesta made a motion to adjourn. Motion seconded by Brandon McCulloch. Motion to adjourn the January 17, 2023 Board of Zoning Appeals meeting passed 4-0. Meeting adjourned at 5:40 PM. Terry Cantrell, Chairman BZA Minutes 01-17-2023 Page 2 |2 Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 4 of 17) General Attachment: BZA Meeting Minutes 01-17-23.pdf (Page 2 of 2)  ^ Back to Agenda ^ General Attachment: BZA 1370-2023 _NASDAQ Variance_ Special Use_.pdf Spring Hill Board of Zoning Appeals TO: Spring Hill Board of Zoning Appeals FROM: Jake McQueen, Interim Senior Planner MEETING: March 21, 2023 SUBJECT: BZA 1370-2023 (NASDAQ Commercial – VARIANCE, SPECIAL USE) BZA 1328-2022: Submitted by Joe Epps, representing Anderson, Delk, Epps and Associates. The property is located on the south side of NASDAQ Street next to Goodwill, and is zoned C-4. The site contains approximately 5.81 acres. The applicant is requesting a variance for driveway spacing, as well as a special use permit to allow a drive-through. Property Description and History: This property is currently undeveloped. The applicant submitted a concept plan to the Planning Commission for Round 9 of 2022. From this application came the need to apply for a special use permit for the drive through and a variance for the driveway spacing. For more information on the property and its surrounds, please see the vicinity map and the land use table below: Adjacent Property Zoning and Land Use Cardinal Direction Zoning Land Use North C-4 Commercial strip mall, undeveloped lot South C-4 Undeveloped lot East C-4 Undeveloped lot West C-4 Goodwill 1/4 BZA 1370-2023 (NASDAQ Variance, Special Use) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 5 of 17) General Attachment: BZA 1370 ... Q Variance_ Special Use_.pdf (Page 1 of 4)  General Attachment: BZA 1370-2023 _NASDAQ Variance_ Special Use_.pdf C-4 zoning district is defined by the UDC as follows; “The C-4 District is intended for higher-intensity mixed-use commercial corridors and commercial intersections. The district standards address its relationship to adjacent neighborhoods due to the higher intensity of use, especially access, connectivity, and buffering.” “Spring Hill Rising” 2040 Comprehensive Plan: According to the comprehensive plan, this lot falls under “Community Commerce Area”, which is defined as follows: “Community Commerce Areas provide regional commercial services for Spring Hill and our neighboring communities. The general development pattern is centered at, or in close proximity to, the major intersection with single use commercial, office, transportation, professional, and entertainment services. This is a primarily automobile‐oriented development form. Buildings have shallow to moderate setbacks and use landscaping to frame the street and screen large parking areas needed to serve intense, regional uses.” Analysis: According to article 16.5.D.3, the UDC states that the AASHTO guidelines for streets with a speed limit of 30mph are that curb cuts should have minimum separation of 220’. However, NASDAQ has a speed limit of 20 miles per hour. Additionally, per article 16.5.D.2, curb cuts must be placed a minimum of 200 feet away from one another on arterial streets. Additionally, in article 16.5.D.2, the UDC states that the AASHTO guidelines for collector streets is a minimum separation of 100 feet. However, NASDAQ is a local road. Because of these findings, a variance for this property would not be required at this time. However, it would staff’s professional opinion to reduce the number of curb cuts and to maximize spacing between each of them. Spring Hill receives many requests for a drive-thru special-use permit, and it is usually considered a reasonable request, depending on the specific geography and limitations of the site. With that being said, staff is aware of current traffic concerns on nearby Main Street. Ultimately, it would be best to have minimal impact on NASDAQ in terms of traffic flow and LOS. Please see the TIS section below for more information. As proposed on the concept plan submitted with this application, the drive-through provides the required four (4) stacked cars from the point of the service window. The drive-through design is such where there is a single service lane, and a single bypass lane. This design is typical of drive-through facilities in the city. The applicant has provided staff with a complete application submittal. A list of all adjacent property owners has been provided, along with a notification letter and proof of mailings. Traffic Impact Study: The TIS was prepared by RG Phillips in January 2023, and is being reviewed by the Corradino Group, one of the city’s on-call traffic engineers. It concluded the proposed development will not largely affect the level of service for NASDAQ, however made the following recommendations: • At the intersection of O’Hallorn Drive & Longford Drive / Dog Daycare Access, provide a 100’ westbound left turn lane on O’Hallorn Drive. • In view of the impact of the site traffic on US Highway 31, the proposed development is recommended to contribute toward optimizing the traffic signal timing on this corridor. A pro-rata share in the amount of $10,000 is recommended for this development. • Each Project Access shall include one entering and one exiting lane for all exiting traffic movements. All the exiting lanes should have a Stop sign and stop line installed per MUTCD guidelines. • The access for the proposed site should be designed such that the departure sight triangles, as specified by AASHTO, will be clear of all sight obstructions. • All new intersections with the existing roadway network shall be constructed according to AASHTO standards to provide adequate stopping sight distance. 2/4 BZA 1370-2023 (NASDAQ Variance, Special Use) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 6 of 17) General Attachment: BZA 1370 ... Q Variance_ Special Use_.pdf (Page 2 of 4)  General Attachment: BZA 1370-2023 _NASDAQ Variance_ Special Use_.pdf Gerald Bolden with the Corradino Group is currently reviewing the TIS to ensure consistency with traffic engineering best practices and the goals of the city. Findings of Fact: The applicant has met UDC requirements regarding the U.S.P.S. First Class mailing of notices to all adjacent property owners of the subject property, and at least ten days in advance of the first scheduled action. City staff has placed a notice in the newspaper and a sign on the subject property. No email public comments were received via the BOZAPublicComment@springhilltn.org email address regarding this request. Special Use Request: Article 13.3 of the City’s Unified Development Code lays out the approval process for uses identified as a Special Use in Table 8-1, Use Matrix. Because certain uses have unique characteristics that may prevent them from being compatible with neighboring land uses throughout the community they may be permitted by special use or “use on appeal” in the former zoning ordinance. This process allows for the uses to be considered on a case-by-case basis and site- specific. Article 13.3 offers the following regarding special uses and the specific Approval Standards to be considered by the Board of Zoning Appeals: The listing of a use as a special use within a zoning district does not constitute an assurance or presumption that such special use will be approved. Rather, each special use must be evaluated on an individual basis, in relation to all applicable standards of this Code. Such evaluation will determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed. The decision of the Board of Zoning Appeals must make findings to support each of the following conclusions. 1. The consistency of the proposed special use with the Comprehensive Plan and any adopted land use policies. Staff’s findings: Staff believes that the proposed special use is consistent with the Comprehensive Plan, as it has been identified as a “Community Commerce Area”, which includes auto-oriented commercial development. 2. The special use in the specific location proposed is consistent with the spirit and intent of this Code. Staff’s findings: The proposed use, while subject to approval as a special use, is consistent with the purpose statement in Article 5 for the C-4 zoning district, which includes high-intensity commercial. 3. The proposed special use will not endanger the public health, safety, or welfare. Staff’s findings: Staff is not aware of any concerns which may present a hazard to public health, safety, or welfare. 4. The proposed special use is compatible with the general land use of adjacent properties and other property within the immediate vicinity. Staff’s findings: According to the zoning of neighboring properties, the property is compatible, as it is surrounded on all sides by commercial. Some of the properties have been built out, and some remain vacant at this time. 5. Public infrastructure and services to support the use is sufficient in the location of this special use. Staff’s findings: Staff finds that the public infrastructure and services to support the use are sufficient, however, staff recommends the applicant revise their access design to limit the number of curb cuts and to maximize the distance between those curb cuts. Additionally, as the property to the north is developing at the same time, the applicant should make an effort to align the proposed curb cuts with those proposed across the street. 3/4 BZA 1370-2023 (NASDAQ Variance, Special Use) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 7 of 17) General Attachment: BZA 1370 ... Q Variance_ Special Use_.pdf (Page 3 of 4)  General Attachment: BZA 1370-2023 _NASDAQ Variance_ Special Use_.pdf Special Use Recommendation: Staff recommends approval of the request. If the Board of Zoning Appeals finds the request to be reasonable and compliant with the requirements for a variance, staff recommends that they adopt the findings in this report or others to support the approval. Possible Motion: Motion to Deny the applicant’s request based on the findings of facts and conclusions of law provided in the staff report and to deny variance BZA 1370-2023 and not multi-family on the ground floor being applicant failed the following criteria: 1. The proposed use is not consistent with the comprehensive plan and land use policies of the city of Spring Hill. 2. The proposed use in this location is not consistent with the intent of the Unified Development Code. 3. The proposed use will be an endangerment to the health, safety, and welfare of the public. 4. The proposed use is not compatible with the general land use of adjacent properties, which is evident due to the surrounding zonings to the site and the size of the lots. 5. The special use of the site in question does not have sufficient public infrastructure and services to support the use. Possible Motion: Motion to adopt the finding of facts and conclusions of law provided in the staff report and to approve special use BZA 1370-2023 to a drive-through at the proposed location with the following conditions: 1. An approved special use will expire one year from the date of approval according to the provisions of Article 13.3.G of the UDC. Permits must be obtained prior to the expiration of this special use. 2. The development must be reasonably consistent with the special use request submitted to the BOZA, subject to changes and conditions imposed by the Planning Commission. 3. Should the design of the proposed drive-through change substantially, the applicant must to return to the BOZA for approval. 4. The design must comply with the recommendations of the TIS. 4/4 BZA 1370-2023 (NASDAQ Variance, Special Use) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 8 of 17) General Attachment: BZA 1370 ... Q Variance_ Special Use_.pdf (Page 4 of 4)  ^ Back to Agenda ^ General Attachment: NASDAQ Vicinity Map.pdf ?> NASDAQ St 00 00 100 100 ft 100ft 100 ft ft 200 200 ft 200ft 200 ft ft www.interactiveGIS.com Printed 0 3/0 2/20 23 Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 9 of 17) General Attachment: NASDAQ Vicinity Map.pdf (Page 1 of 1)  ^ Back to Agenda ^ General Attachment: Concept Plan.pdf Thompson Station 65 INTERSTATE Spring Hill Map 167, Parcels 4.11 and 4.34 - Williamson Co. Site Spring Hill, Tennessee Developer DATE: 08 - 29 - 22 LOCATION MAP Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 10 of 17) General Attachment: Concept Plan.pdf (Page 1 of 1)  ^ Back to Agenda ^ General Attachment: BZA 1371-2023 _White Hall Variance_ Special Use_.pdf Spring Hill Board of Zoning Appeals TO: Spring Hill Board of Zoning Appeals FROM: Jake McQueen, Interim Senior Planner MEETING: March 21, 2023 SUBJECT: BZA 1371-2023 (White Hall – VARIANCE, SPECIAL USE) BZA 1328-2022: Submitted by Dmitri Danylov, representing Platinum Invest LLC. The property is located on the south side of Duplex Road next to White Hall, and is zoned C-D-E1. The site contains approximately 2.785 acres. The applicant is requesting a variance to increase the maximum building setback from 10’ to 80’, as well as a special use permit to allow multi-family housing on the main floor. Property Description and History: This property is currently undeveloped. The applicant submitted a concept plan to the Planning Commission for Round 1 of this year. Additionally, the applicant has met with the Spring Hill Historic Commission in order to discuss its proximity to historic White Hall. From that meeting came the idea to increase the maximum building setback in order to be more consistent with the setback of White Hall and other neighboring single family residences. For more information on the property and its surrounds, please see the vicinity map and the land use table below: 1/5 BZA 1371-2023 (White Hall Variance, Special Use) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 11 of 17) General Attachment: BZA 1371 ... l Variance_ Special Use_.pdf (Page 1 of 5)  General Attachment: BZA 1371-2023 _White Hall Variance_ Special Use_.pdf Adjacent Property Zoning and Land Use Cardinal Direction Zoning Land Use North C-D-C Single family homes South C-D-E1 Spring Hill Skate Park East C-D-E1, R-1 Hughes Neighborhood (single family) West C-D-E1 White Hall C-D-E1 zoning district is defined by the UDC as follows; “The C-D-E1 Downtown Edge 1 Sub-District is intended to address areas of transition between the higher intensity environment of the Downtown Center and adjacent residential districts and small-scale neighborhood commercial. The C-D-E1 Sub-District is intended to facilitate mixed-use development with standards that focus on compatibility with adjacent development. The C-D-E1 Sub-District includes specific standards related to the reuse and redevelopment of existing residential structures located within the Downtown.” “Spring Hill Rising” 2040 Comprehensive Plan: According to the comprehensive plan, this lot falls under “Downtown/City Center”, which is defined as follows: “Downtown/City Center is characterized by a compact, walkable environment typical of town centers. Development creates and promotes our sense of place and community, and it encourages active living and community interaction. Future development emphasizes connectivity and uses that generate a high level of activity. These are not developments that are designed to accommodate the automobile and related services.” Analysis: According to UDC article 5, table 5-3: “Downtown Sub-District Dimensional Standards”, the front setback requirement for the C-D-E1 zone is a 0’-10’ build-to zone. The purpose behind this build-to zone is to create a historic downtown feel with buildings that abut the sidewalk, so as to blend new development with the existing. However, this lot sits adjacent to two lots which currently have single family residences that are not consistent with this setback requirement. First, White Hall to the west has a front setback of approximately 90 feet from the sidewalk to the front of the home. To the east is a single-family residence which has a front setback of approximately 60 feet from the sidewalk to the front of the home. Each property is also in the C-D-E1 zone. Without a variance for the proposed building, there is concern that it will not be consistent with the surrounding properties, especially considering its height of 3 stories (max. building height of 40’). According to article 8 table 8-1 of the UDC, a special use permit is required to allow multi-family residential in the C-D-E1 zone. The dwellings above ground floor would be permitted in the C-D-E1 zone, but the ground floor units would not without a special use permit, hence the request. As proposed currently, the development would be 18.6 dwelling units per acre. While an explicit limit on density is not stated in the dwelling above ground floor section in the commercial standards, the density limit in R-6 is 18du/acre. Additionally, recent mixed-use approvals have not surpassed this limit. For further comparison, the Hughes Neighborhood to the east is zoned R-1 and has a minimum density of 1du/0.5 acres (2 du/acre). White Hall has a density of 1 du/acre. Multi-family on the ground floor would encourage the proposed density, which may not be consistent with its surrounds. Likewise, as shown in the vicinity map and land use table, there is not multi-family housing in the vicinity of the property. While dwelling above ground floor is permitted by-right, multi-family on the ground floor requires special use approval. The applicant should be sensitive to the area surrounding the area in terms of proposed density. The applicant has provided staff with a complete application submittal. A list of all adjacent property owners has been provided, along with a notification letter and proof of mailings. Findings of Fact: The applicant has met UDC requirements regarding the U.S.P.S. First Class mailing of notices to all adjacent property owners of the subject property, and at least ten days in advance of the first scheduled action. City staff has placed a notice in the newspaper and a sign on the subject property. No email public comments were received via the BOZAPublicComment@springhilltn.org email address regarding this request. 2/5 BZA 1371-2023 (White Hall Variance, Special Use) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 12 of 17) General Attachment: BZA 1371 ... l Variance_ Special Use_.pdf (Page 2 of 5)  General Attachment: BZA 1371-2023 _White Hall Variance_ Special Use_.pdf Variance Request: The findings listed below represent staff’s response to the approval standards required in Section 13.4.E of the UDC, to be considered by the Board of Zoning Appeals prior to approving a variance and a review of the applicant’s justification statements. 1. Where, by reason of exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the enactment of this Code, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property it is not able to comply with the regulations as required under this Code. Staff’s findings: The applicant’s request is inconsistent with the UDC, however, due to the existing limitations of the property and its surrounds, the project would be more consistent with neighboring properties due to their current front setbacks should the variance request be granted. Those properties were developed before the adoption of the code and therefore the project will be inconsistent should the UDC be followed. 2. The strict application of any provision enacted under this Code would result in peculiar and exceptional practical difficulties to or exception or place undue hardship upon the owner of such property. Staff’s findings: Being consistent with adjacent properties such as White Hall could be considered a peculiar practical difficulty, as additional criteria are requested to be followed. Staff believes it is in the best interest to the city in the long term to grant this variance request in order to be consistent with the existing built environment and in order to preserve the historic character of the area. 3. Such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zoning map and this Code. Staff’s findings: Staff is not aware of any detriment to the public good that would result from this request. In this instance, the purpose of the zoning designation of the property is in conflict with the intent of the code. Special Use Request: Article 13.3 of the City’s Unified Development Code lays out the approval process for uses identified as a Special Use in Table 8-1, Use Matrix. Because certain uses have unique characteristics that may prevent them from being compatible with neighboring land uses throughout the community they may be permitted by special use or “use on appeal” in the former zoning ordinance. This process allows for the uses to be considered on a case-by-case basis and site- specific. Article 13.3 offers the following regarding special uses and the specific Approval Standards to be considered by the Board of Zoning Appeals: The listing of a use as a special use within a zoning district does not constitute an assurance or presumption that such special use will be approved. Rather, each special use must be evaluated on an individual basis, in relation to all applicable standards of this Code. Such evaluation will determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed. The decision of the Board of Zoning Appeals must make findings to support each of the following conclusions. 1. The consistency of the proposed special use with the Comprehensive Plan and any adopted land use policies. Staff’s findings: Staff believes that the proposed special use is consistent with the Comprehensive Plan, as it has been identified as a “downtown/city center” which includes a walkable, compact design. This guideline infers density, which is consistent with the proposed plan. 2. The special use in the specific location proposed is consistent with the spirit and intent of this Code. Staff’s findings: The proposed use, while subject to approval as a special use, is consistent with the purpose statement in Article 5.5 for the Downtown Edge 1 Sub-District, which states, “The [district] is 3/5 BZA 1371-2023 (White Hall Variance, Special Use) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 13 of 17) General Attachment: BZA 1371 ... l Variance_ Special Use_.pdf (Page 3 of 5)  General Attachment: BZA 1371-2023 _White Hall Variance_ Special Use_.pdf intended to address areas of transition between the higher intensity environment of the Downtown Center and adjacent residential districts and small-scale neighborhood commercial. The C-D-E1 Sub-District is intended to facilitate mixed-use development with standards that focus on compatibility with adjacent development.” 3. The proposed special use will not endanger the public health, safety, or welfare. Staff’s findings: Staff is not aware of any concerns which may present a hazard to public health, safety, or welfare, except that of the parking requirement and limited additional trips which may occur as a result of the density. However, staff does not believe these items will be of measurable public detriment. 4. The proposed special use is compatible with the general land use of adjacent properties and other property within the immediate vicinity. Staff’s findings: According to the zoning of neighboring properties, the property is compatible, however, when taking land use into account, the proposed use may not be consistent with the neighboring properties. 5. Public infrastructure and services to support the use is sufficient in the location of this special use. Staff’s findings: Staff finds that the public infrastructure and services to support the use are sufficient, however, the applicant will need to submit a Traffic Impact Study with their site plan submittal to the Planning Commission to ensure appropriate roadway infrastructure is in place. Variance Recommendation: Staff recommends approval of the request. If the Board of Zoning Appeals finds the request to be reasonable and compliant with the requirements for a variance, staff recommends that they adopt the findings in this report or others to support the approval. Possible Motion: Motion to adopt the finding of facts and conclusions of law provided in the staff report and to approve variance BZA 1371-2023 to allow an 80’ maximum front setback with the following conditions: 1. The site plan application must be substantially consistent with the plans submitted. 2. The applicant must comply with TIS requirements. 3. Per Section 13.4G of the Unified Development Code, an approved variance will expire one year from the date of approval unless a site plan review application has been submitted or, where site plan review is not required, a building permit is obtained. The Board of Zoning Appeals may grant an extension for a period of validity for no longer than an additional 6 months, so long as the applicant applies in writing for an extension of time at any time before the date of expiration. No public hearing is required for approval of such extension of time. 4. Should the applicant propose a dimensional change in front setback, the applicant must again come before the Board of Zoning Appeals for a final determination. Possible Motion: Motion to Deny the applicant’s request based on the findings of facts and conclusions of law provided in the staff report and to deny variance BZA 1371-2023 and not allow an 80’ maximum front setback being applicant failed the following criteria: 1. Where, by reason of exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the enactment of this Code, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property it is not able to comply with the regulations as required under this Code and/or; 2. The strict application of any provision enacted under this Code would result in peculiar and exceptional practical difficulties to or exception or place undue hardship upon the owner of such property and/or; 4/5 BZA 1371-2023 (White Hall Variance, Special Use) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 14 of 17) General Attachment: BZA 1371 ... l Variance_ Special Use_.pdf (Page 4 of 5)  General Attachment: BZA 1371-2023 _White Hall Variance_ Special Use_.pdf 3. The strict application of any provision enacted under this Code would result in peculiar and exceptional practical difficulties to or exception or place undue hardship upon the owner of such property. Special Use Recommendation: Staff recommends denial of the request. If the Board of Zoning Appeals finds the request to be reasonable and compliant with the requirements for a variance, staff recommends that they adopt the findings in this report or others to support the approval. Possible Motion: Motion to Deny the applicant’s request based on the findings of facts and conclusions of law provided in the staff report and to deny variance BZA 1371-2023 and not multi-family on the ground floor being applicant failed the following criteria: 1. The proposed use is not consistent with the comprehensive plan and land use policies of the city of Spring Hill. 2. The proposed use in this location is not consistent with the intent of the Unified Development Code. 3. The proposed use will be an endangerment to the health, safety, and welfare of the public. 4. The proposed use is not compatible with the general land use of adjacent properties, which is evident due to the surrounding zonings to the site and the size of the lots. 5. The special use of the site in question does not have sufficient public infrastructure and services to support the use. Possible Motion: Motion to adopt the finding of facts and conclusions of law provided in the staff report and to approve special use BZA 1371-2023 to allow multi-family on the ground floor at the proposed location with the following conditions: 1. An approved special use will expire one year from the date of approval according to the provisions of Article 13.3.G of the UDC. Permits must be obtained prior to the expiration of this special use. 2. The development must be reasonably consistent with the special use request submitted to the BOZA, subject to changes and conditions imposed by the Planning Commission. 3. The proposed density may not increase from the proposed as a result of the special-use approval. 4. The TIS must support the proposed density. 5/5 BZA 1371-2023 (White Hall Variance, Special Use) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 15 of 17) General Attachment: BZA 1371 ... l Variance_ Special Use_.pdf (Page 5 of 5)  ^ Back to Agenda ^ General Attachment: Vicinity Map.pdf ?> Legend Administ rat ive Public Buildings Land Records E911 Addres s Polit ical Boundaries Corporate Boundaries County Boundary Transport at ion Roads Inters tate Mile Markers 00 00 50 50 ft 50ft 50 100 ft 100 ft ft 100ft 100 ft ft www.interactiveGIS.com Printed 0 4/0 7/20 22 Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 16 of 17) General Attachment: Vicinity Map.pdf (Page 1 of 1)  ^ Back to Agenda ^ General Attachment: Concept Plan.pdf Drawing Date: 8 January 16, 2023 Revisions 1 1 1 Ramp Ramp 7 Ramp 8 Foot Multi Use Trail DUPLEX ROAD 35 Ft From Centerline To Property Line 6 5 Foot Sidewalk 9 8'' W ET 10 Foot Front Setback 9 ft x 18 ft Parking Spaces (typ) T S Future Public Crosswalk 16 TRE Access 15 ft Landscape Buffer 740 LNU Oden Demetra Cora and David Ladd WA White Hall Addition 5 Foot Sidewalk Historic White Hall 3 Story Mixed Use Zoned C-D-E1 Ground Floor Office 9,000SF SpringHill Tennessee (Non Residential Use) Zoned C-D-E1 Concept Plan for Keith Davis Crosswalk 25 Foot Drive 15 ft Landscape Buffer 11 25 Foot Drive 25 Foot Drive 15 ft Landscape Buffer 5 Foot Sidewalk (typ) idth 730 Zoned R-1 nt W 3 3 Story Mixed Use 15 5 Foot Sidewalk eme 2 18 F Ground Floor Office 12,500 SF t Pav 14 25 Foot Drive Charlene Wade Community Dumpsters sswal k 9 ft x 18 ft Parking Spaces (typ) Sidewalk Cro 25 Foot Drive 10 13 Future Public Revisions: Access 1. Show Curbs Cuts On Duplex Road 2. Dimension Walnut Street For Ingress Egress 15 Cit yO 3. Remove and Provide Landscape Buffer Zoned f Spring H Veronica McKissack 4. TIS and Water/Sewer Capacity Studies At Site Plan Submittal C-D-E ill 1 Stormwater 5. Dwelling Units Per Code 6. Dimension From Centerline on Duplex Road 7. Show and Dimension Duplex Road Multi-Use Trail Site Area = 2.8 Acres 8. Include Drawing Date Current Zoning C-D-E1 720 9. Front Setback 0-10' Build To Zone 21,500 SF Office Existi 52 Residential Units ng Vegeta 10. Parking 9' x 18' tion Parking Required 154 Spaces 11. How To Get To Multi Use Trail With Sidewalk 12. Rentals or Condos ? Parking Provided 164 Spaces 13. Dimension Drive Aisles N 14. Dumpster Locations Ex 15. Provided Zoning of Abutting Properties ist 16. Dimension Landscape Buffer Setbacks W E ing Notes: Dr 5 ain Density Will Meet the Zoning Code ag Any Connection To Utilities Across Duplex Road Will Require Boring S ew ay 12 All Units Shall Be Rental 30 0 30 60 Parking Spaces Shall Be 9 ft Wide x 18 ft Deep with 25 ft Drives Bicycle Parking Will Be Provided Per UDC Section 10.4 Scale 1" = 30' 4 TIS and Water / Sewer Capacity Studies At Site Plan Submittal Revision Markup Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 17 of 17) General Attachment: Concept Plan.pdf (Page 1 of 1)