Records not linked to a specific agenda item

Opposition & support

Organized neighbor opposition to the religious-institution special exception at 3824 Brick Church Pike appears with multiple speakers who must divide five minutes

Concerns: loud music / amplified sound at events · traffic — a projected ~1,000 people at rush hour · the site operating as a commercial events venue rather than a church

Concerns: street safety on Hildreth · on-street parking spillover from club members · intensification from 500 → 600 families

Conditions

Applicant must make modifications to the fence to comply with the agreement reached with NDOT
Applicant consents to limiting the special exception to the CURRENT OWNER
Fallback offer: a FIVE-YEAR term on the special exception, after which the applicant returns to the board for review
Time-limited special exception (2-5 years) with a mandatory return to the board for review
Activities shall cease no later than 10:00 PM every day of the week, including Saturdays, Sundays and holidays.
No amplified noise/music at the beach volleyball facility.

+60 more conditions

Questions & answers

Joey Hargis: You were not present at the public hearing on case 19 (River Drive) but were sent the YouTube link. Have you watched that case?

Presiding board member (diarizer SPEAKER_03, mapped to Ross Pepper): It's going on the consent agenda with that condition - they will comply with NDOT, right?

SPEAKER_05: What was the club's membership around the time the gravel lot went in (fall 2023)?

Joey Hargis: Have you reviewed the case in this record, and do you wish to participate?

Joey Hargis: Did you review the record in this case (the 1107 North 5th Street garage case)?

+113 more exchanges

Citations & precedent

Metro Zoning Code 17.16.150(A) · SPEAKER_19

Metro Nashville Zoning Code — general provisions applicable to any special exception, plus use-specific criteria for a recreation center · Sean Henry

Special-exception adverse-impact standard: any adverse impact shall not be to the extent that it impairs the reasonable long-term use of properties in the immediate area · Sean Henry

Recreation-center special-exception specific condition: 100-foot setback · Sean Henry

Recreation-center special-exception street standard — the use must front on a Collector street · Sean Henry

Metro Nashville Zoning Code § 17.16.170 · Joey Hargis

Metro Nashville sound/noise limit of 85 decibels · Georgina Inkum

Metro zoning code use table — 'use not permitted' in the applicable residential zone district · Joey Hargis

Administrative zoning interpretation — the religious-institution (church) principal use carries ancillary uses (weddings, counseling, divorce care and similar church programs) · Joey Hargis

the court's requirement · Unidentified BZA board member (SPEAKER_04)

Metro Nashville Code, Chapter 9 (noise ordinance) · Joey Hargis

Metro Nashville Code § 9.20.10 · Joey Hargis

Metro Nashville Code § 9.20.10(1) · Joey Hargis

Metro Nashville Code § 9.20.10 (multifamily provision) · Joey Hargis

Metro Nashville Code § 9.20.10 (exemption clause) · Joey Hargis

Metro Nashville Code, Chapter 17 (Zoning) · Joey Hargis

Board of Zoning Appeals rules — show cause hearing · Joey Hargis

Metro zoning code — appeal of zoning administrator determination to the BZA · Joey Hargis

Metro Codes noise standard — 'plainly audible' on another's property · Board member (SPEAKER_11)

Metro/Tennessee BZA four-affirmative-vote requirement + 30-day deemed-denial rule · Joey Hargis

Writ of certiorari — chancery court review of a BZA decision · Joey Hargis

1960 Davidson County Board of Zoning Appeals conditional use permit (pre-annexation, pre-1963 Metro consolidation) · Adam LaFever

Sequoia Club conditional use provisions (1955), incorporated by reference into the 1960 Seven Hills permit ('see attached Sequoia club provisions') · Adam LaFever

2004 Forest Hills approval amending the Sequoia Swim Club conditional use permit · Adam LaFever

1960 Seven Hills conditional use permit — structure as construed by the board in February · Jason Holloman

Two site plans approved by the (Davidson County / Metro) Planning Commission as part of the 1960 permit · Jason Holloman

Metro Nashville Code 17.16.150(A) · Jason Holloman

Metro Nashville Code 17.16.150 · Jason Holloman

Metro Nashville Code 17.16.150(G) · Jason Holloman

Metro Nashville Code 17.16.150 (findings) · Jason Holloman

Metro Nashville Code 17.16.150 (compatibility finding) · Jason Holloman

Metro Nashville narrow streets policy (NDOT) · Jason Holloman

Metro Nashville Code of Laws sec. 17.16.150 (general provisions / standards for special exceptions) · Joey Hargis (Metro Zoning Administrator / Metro Legal)

Metro Nashville zoning code — interior perimeter landscape provisions · Adam LaFever

Metro zoning code — parking requirements for uses like this are set 'as determined by NDOT or Metro's traffic engineer' · Board member (SPEAKER_05)

writ of certiorari (Tennessee common-law/statutory certiorari review of a board of zoning appeals decision) · Matthew Kordowski

Metropolitan Code of Laws (Metro Code), Nashville — variance provisions · Metro legal counsel (diarized SPEAKER_10)

Metro Nashville zoning code — GENERAL PROVISIONS applicable to any special exception, plus the specific criteria applicable to this use · Sean Henry, applicant attorney

Metro Nashville zoning code — GENERAL PROVISIONS applicable to any special exception application, plus the criteria specific to a recreation center · Sean Henry, attorney for the property owner

Special-exception general provision — the use must be located and proposed to be operated with ADEQUATE PUBLIC FACILITIES · Sean Henry, applicant attorney

Special exception general standard — the use must be designed, located and proposed to be operated with ADEQUATE PUBLIC FACILITIES · Sean Henry, attorney for the property owner

Metro Nashville zoning code — the SPECIFIC CONDITIONS for a RECREATION CENTER special exception (three criteria) · Sean Henry, applicant attorney

Metro Nashville zoning code — the THREE specific criteria for a recreation-center special exception · Sean Henry, attorney for the property owner

Recreation-center special-exception SETBACK condition — a 100-foot setback · Sean Henry, applicant attorney

Metro Zoning Code sec. 17.16.220 (recreational/special-exception standards) · Mr. Hagas (BZA member, SPEAKER_04)

Metro Zoning Code sec. 17.16.170 (religious institution); RS-20 zone district use table · Joy Hargis, Metro Zoning Administrator

Metro Nashville Code § 17.16.170 · Joy Hargis, Metro Zoning Administrator

Metro Code ch. 9.20.10 · Zoning Administrator (SPEAKER_00)

Metro Code ch. 9 (general code), section 9.2 / 9.20.10 · Zoning Administrator (SPEAKER_00)

Metro Code 9.20.10 · Zoning Administrator (SPEAKER_00)

legally nonconforming use doctrine · Adam LaFever, counsel for Seven Hills

legally nonconforming use (zoning doctrine) · SPEAKER_13

Procedure

Staff notes board members Pepper and Ransom were absent from the original public hearing on this case and must be publicly polled on whether they reviewed the record and wish to participate. — Joey Hargis
Staff reminds the chair the public hearing on this case was previously closed; reopening it is the chair's discretion. — Joey Hargis
Staff explains it brought the unpermitted use to the BZA so the board could review it, hear neighbors, and place conditions on the use rather than simply enforce. — Joey Hargis
The case has been postponed multiple times since the February public hearing because the board could not seat a quorum. — Joey Hargis