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1908-August 13Planning & Development Department 102 West Main Street  Prattville, Alabama 36067  334- 595- 0500  334-361-3677 Facsimile p l anning.prattvilleal.gov CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A August 13, 2019 4:00pm Call to Order: Roll Call: Chairman James Miles, Vice-Chairman Jerry Crosby, Mr. William Barrett, Jr., Mr. Charles Knapp, and Mrs. Jerry Schannep. Minutes: July 9, 2019 Old Business: 1. 190709-03 VARIANCE: To allow a structure to encroach into the required front yard setback. 1122 Geneva Street R-2 Zoning District (Single Family Residential) Patrick Briney, Petitioner Held 7/9 District 6 New Business: 2. 190813-01 USE-ON-APPEAL: To allow church use on property. Highway 82 and Jensen Road (Vacant Lot) R-3 Zoning District (Single Family Residential) Anointed Remnant Church, Petitioner District 2 Miscellaneous: Adjourn Approved 9/10/19 Prattville Board of Zoning Adjustment August 13, 2019 Minutes Page 1 of 3 City of Prattville Board of Zoning Adjustment Minutes August 13, 2019 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman James Miles at 4:00 p.m. on Tuesday, August 13, 2019. ROLL CALL: Present: Chairman James Miles, Vice-Chairman Jerry Crosby, Mr. William Barrett, and Ms. Jerry Schannep. Absent: Mr. Charles Knapp. Quorum Present Staff present: Mr. Scott Stephens, City Planner, Mr. Austin Brass, Senior Planner and Ms. Alisa Morgan, Secretary. Chairman Miles stated the governing rules for the Prattville Board of Zoning Adjustment according to the Code of Alabama, 1975 and the procedure of the meeting. MINUTES: Mr. Crosby moved to approve the minutes of the July 9, 2019 meeting. Mr. Barrett seconded the motion. The motion passed unanimously. OLD BUSINESS: VARIANCE To allow a structure to encroach into the required front yard setback. 1122 Geneva Street R-2 Zoning District (General Business) Patrick Briney, Petitioner Mr. Brass stated that the variance request for property located at 1122 Geneva Street was initially heard at the previous (July 9th) meeting. The Board tabled the request to allow the petitioner to provide additional information on how many feet the setback is being adjusted. He provided background information for the requested variance stating that a site plan for the proposed carport was denied permit approval. The petitioner was provided recommendation how to meet the requirements, but built the structure contrary to the recommendation. He stated that a stop work order was issued for the structure and the petitioner applied for a variance. He stated that since the last meeting, they have measured and found that the attached three (3) stall carport would setback 17 feet from the front property line. Patrick Briney, petitioner, stated that he was denied a permit to build the structure and decided to build it and then apply for a variance. Ms. Schannep asked Mr. Briney if he could eliminate one of the stalls from the proposed carport. Mr. Briney stated that eliminating one stall he would have to remove the entire structure and start over. Although the public hearing was conducted at the previous meeting, Chairman Miles opened the floor for any comments. There were none. The public hearing was closed. Chairman Miles opened discussion for the board. After no further discussion, the vote was called. Mr. Crosby moved to establish the findings of fact stating that 1) the special conditions and circumstances do result from actions of the applicant (self-imposed hardship). Mr. Barrett seconded the motion. The motion to approve the findings of fact passed unanimously. Approved 9/10/19 Prattville Board of Zoning Adjustment August 13, 2019 Minutes Page 2 of 3 The vote was called. Mr. Crosby moved to deny the variance request based on the approved findings of fact. Ms. Schannep seconded the motion. The motion to deny passed unanimously. The BZA voted to deny a variance request to allow a structure to encroach into the required front yard setback on property at 1122 Geneva Street. NEW BUSINESS: USE-ON-APPEAL To allow church use on property. Highway 82 and Jensen Road (Vacant Lot) R-3 Zoning District (Single Family Residential) Anointed Remnant Church, Petitioner Mr. Brass introduced the use-on-appeal request to allow a church use on property located on a vacant lot on Jensen Road, south of the intersection of Highway 82. He stated that the proposed seating for the church is 280 seats which will require 56 parking spaces. He stated that the proposed use is an appropriate use as requested. Willie Bradley, Pastor of Anointed Remnant Church, petitioner’s representative, stated that they had requested a use-on-appeal in April in a different location, but was denied approval. He stated that they are requesting approval for a church use-on-appeal for property located on Jensen Road. He stated that they currently have an attendance of 225 people and is proposing the future use of a daycare to begin with about 50 students. He stated that Anointed Remnant Church has been established and involved in Prattville since 2004. He stated that their hope is to be a positive change to the community. Chairman Miles opened the floor for comments. Kerry Brown, 3161 Milan Drive, Montgomery, AL, spoke in favor of the request. He stated that at their current location he offers free tax preparations as a service to the community through the church. He stated that it would be a good outreach to extend to this community. Billy Drayton, 615 Vindale Road, spoke in favor of the request. He stated that a church on the lot looks better aesthetically than a vacant overgrown lot. He stated that he has been with the ministry for eight years. Pete Taylor, III, 391 Austin Valley Drive, stated that he owns property at 333 County Road 4 located in the Spring Hill. He stated that he has been with the ministry for nine years and believes the church would be an asset to the community. Gwen Bradley, 487 Greyston Way, spoke in favor of the request. She stated that she is co-founder of Anointed Remnant Church. She spoke on her service to the community. Chairman Miles asked those in the audience to stand and show hands if they were in attendance to support the request for the church use. The secretary observed that the majority of those in attendance stood and raised their hands in support of the request. They were in agreement with this show of record be instead of their speaking. Charlie Wood, 908 Washington Ferry Road, stated that he wasn’t really in opposition to the request, but preferred having a community meeting about the church’s plans. He stated that he as well as his church received notification about this meeting and he encouraged them to come and voice their opinions. He stated that he has a better understanding now about the church’s plan. Chairman Miles stated that the community was duly notified by the city, but the church had no other requirements to provide additional community notification. Approved 9/10/19 Prattville Board of Zoning Adjustment August 13, 2019 Minutes Page 3 of 3 Walter Johnson, 645 Anderson Street, stated that his church, Mt. Ramer Primitive Baptist Church received notification about the public hearing. He attended to gain further information about the request. Mr. Bradley thanked those who attended and provided all comments. He stated that it shows that they have a vested interest in the neighborhood. He stated that he believed that they all could work together to make the community better. Robert Johnson, 3538 Wood Park Drive, Montgomery, AL, spoke in opposition to the request. He stated that he is a member of Mt. Ramer Church. He stated that there is currently no need for another church in the area because of current problems among the churches in the area. He stated that everybody in the area got a letter and if they wanted to complain, they should’ve been at the hearing. Chairman Miles asked Mr. Johnson to explain what he meant about problems between churches. Mr. Johnson stated that members leaving one church and going to the other. After no further comments, Chairman Miles closed the public hearing. Chairman Miles opened discussion for the board. After no further discussion, the vote was called. Mr. Crosby moved to establish the findings of fact stating that 1) the proposed church use is an allowable use-on-appeal, and is not a prohibited use in a R-3 district; 2) development of the proposed use at East side of Jensen Road is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; and 3) the proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. Barrett seconded the motion. The motion to approve the findings of fact passed unanimously. The vote was called. Mr. Barrett moved to approve the request as submitted based on the approved findings of fact. Ms. Schannep seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the use-on-appeal to allow a church use on property at Highway 82 and Jensen Road (Vacant Lot). MISCELLANEOUS: ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 5:06 p.m. Respectfully submitted, Alisa Morgan, Secretary Board of Zoning Adjustment CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report Use On Appeal #190813-01 Page 1 SUMMARY FACTS: USE-ON-APPEAL #190813-01 PETITIONER: Willie L. Bradley/ Anointed Remnant Church PROPERTY OWNER: Anointed Remnant Church SUBJECT SITE: East side of Jensen Rd/ 800’ south of the Hwy 82 Bypass & Jensen Rd intersections. REQUEST: Use-On-Appeal/ Church Use CURRENT ZONING: R-3, Single-Family Residential PARCEL ID: Autauga 19052130000150000 PROPERTY SIZE: 7.26 +/- acres FUTURE LAND-USE MAP: Mixed Use Residential SURROUNDING LAND North: Commercial Fleet Fuel Station (R-2 & B-2) USES AND ZONING: South: Boys & Girls Club/Spring Hill Park (R-3) East: Single-Family Residential (R-3) West: Single-Family Residential (R-3) DEVELOPEMNT STATUS & HISTORY: Previous Requests/Approval: N/A Conditions of Previous Approval: N/A ANAYALIS: Analysis. Below is the staff assessment of the three general question applicable to uses-on-appeal: 1. Is the proposed church an allowable use-on-appeal, and not a prohibited use in an R-3 district? The requested use is an allowable use-on-appeal. It is NOT a prohibited use in an R-3 district. 2. Is development of the proposed church at Jensen Road in the public interest? Does the proposed development meet the spirit of the City of Prattville Zoning Ordinance? CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report Use On Appeal #190813-01 Page 2 At present, the property is an undeveloped parcel and would require the coordination of an architect and engineer to develop the site and church under the City of Prattville development standards. The zoning ordinance would require the church to follow the setbacks required in R-3 Zoning, and the adequate parking area required per number of seats. The church has stated their capacity in the worship center to be 280 seats. The church has not completed and submitted the require code analysis to support a 280 seat capacity. However, assuming the 280 seats, city ordinance requires 56 parking spaces at minimum. Furthermore, the site would require a detailed landscape plan indicating frontage, perimeter, and foundation landscaping. For parking areas abutting a residential area, a 20’ landscaped buffer is required with sufficient plantings to reach 8’ height within a two year period. Additional interior lot landscape islands are required for a parking area with 40 or more spaces. 3. Does the proposed church use cause substantial adverse impact to adjacent or nearby properties or uses? The proposed use of a church on the vacant 7.26 +/- acre site can only be determined by a detailed engineered site plan for a further analysis of impact to adjacent properties. A storm water management plan with areas of detention/retention would be required to mitigate storm water under the City of Prattville’s MS4 storm water management policies. Moreover, additional traffic generation for a church use would be based upon the square footage of the worship center. Church uses have peak traffic generation during service times. PLANNING STAFF EVALUATION: Recommendation: Approval, contingent upon proposed church meeting all the City of Prattville development regulations & codes for Zoning/Fire/Building/Engineering & Storm water. Reviewed by: Austin Brass, Senior Planner Site Visits Conducted: July 2019 ATTACHMENTS A. 1” = 40’ scale aerial, zoning, and property map (Additional attachments distributed with earlier mail out.) CO RD 4 E JENSEN RD HWY 82 BYP E WASHINGTON FERRY RD SELMA HWY G S RD MCGRIFF ST DOSTER RD HAZEL ST ORTON ST LEWIS ST PEAGLER ST DALE DR LANGFORD CT PICKETT ST LOREN ST LANCELOT CIR CHALLENGE AVE GALAHAD DR HILL ST RICE ST LEE CIR LINDA LN HWY 14 W HALEY CT SPRING ST YAUPON DR COUNTRY CLUB DR ROBINSON ST GAWAIN DR LANGFORD LN MOORE DR GENE ST JOHNSON ST HWY 82 BYP W INDUSTRIAL PARK RD HILL ST Aerial Map - BZA - 190813-01 - Jensen Road ± Legend STREETS Selected Parcel Prattville City Limit Tax Parcels 0feet 300 600 1,200 1,800 2,400 1 inch = 600 Feet Attachment C CO RD 4 E JENSEN RD HWY 82 BYP E WASHINGTON FERRY RD SELMA HWY G S RD MCGRIFF ST DOSTER RD HAZEL ST ORTON ST LEWIS ST PEAGLER ST DALE DR LANGFORD CT PICKETT ST LOREN ST LANCELOT CIR CHALLENGE AVE GALAHAD DR HILL ST RICE ST LEE CIR LINDA LN HWY 14 W HALEY CT SPRING ST YAUPON DR COUNTRY CLUB DR ROBINSON ST GAWAIN DR LANGFORD LN MOORE DR GENE ST JOHNSON ST HWY 82 BYP W INDUSTRIAL PARK RD HILL ST Aerial Map - BZA - 190813-01 - Jensen Road ± Legend STREETS Selected Parcel Prattville City Limit Tax Parcels 0feet 300 600 1,200 1,800 2,400 1 inch = 600 Feet JENSEN RD HWY 82 BYP E CO RD 4 E WASHINGTON FERRY RD HAZEL ST LEWIS ST HILL ST ROBINSON ST MOORE DR JOHNSON ST LANCELOT CIR ABE CT SPRING HILL PARK GALAHAD DR SPRING ST INDUSTRIAL PARK RD HILL ST Location Map - BZA - 190813-01 - Jensen Road ± Legend STREETS Selected Parcel Prattville City Limit Tax Parcels 0feet 150 300 600 900 1,200 1 inch = 300 Feet CO RD 4 E JENSEN RD HWY 82 BYP E WASHINGTON FERRY RD SELMA HWY G S RD MCGRIFF ST DOSTER RD HAZEL ST ORTON ST LEWIS ST PEAGLER ST DALE DR LANGFORD CT PICKETT ST LOREN ST LANCELOT CIR CHALLENGE AVE GALAHAD DR HILL ST RICE ST LEE CIR LINDA LN HWY 14 W HALEY CT SPRING ST YAUPON DR COUNTRY CLUB DR ROBINSON ST GAWAIN DR LANGFORD LN MOORE DR GENE ST JOHNSON ST HWY 82 BYP W INDUSTRIAL PARK RD HILL ST R-2 R-3 R-3 F.A.R. M-1 M-1 T-3 M-1 R-5 F.A.R. B-1 B-2 RD-1 B-1 B-1 B-2 B-2 B-2 R-2 M-1 B-2 R-2 T-2 T-2 RD-1 B-2 T-3 R-2 R-2 T-2 T-1 T-2 Zoning Map - BZA - 190813-01 - Jensen Road ± Legend STREETS Selected Parcel Prattville City Limit Tax Parcels R-2 R-3 R-5 RD-1 B-1 B-2 M-1 T-1 T-2 T-3 F.A.R. 0feet 300 600 1,200 1,800 2,400 1 inch = 600 Feet