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1709- Sept 12 Planning & Development Department 102 West Main Street  Prattville, Alabama 36067  334-595-0500  334-361-3677 Facsimile planning.prattvilleal.gov CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A September 12, 2017 4:00pm Call to Order: Roll Call: Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Crosby, Mrs. Jerry Schannep and Mr. Mike Temple. Minutes: August 8, 2017 Old Business: None New Business: 1. 170912-01 USE-ON-APPEAL: To allow day care use on property 1187 Upper Kingston Road R-2 Zoning District (Single Family Residential) United Christian Church, Petitioner District 1 Miscellaneous: Adjourn Approved 10/10/17 Prattville Board of Zoning Adjustment September 12,2017Minutes Page 1of 2 City of Prattville Board of Zoning Adjustment Minutes September 12, 2017 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Leo Jamieson at 4:02 p.m. on Tuesday,September 12, 2017. ROLL CALL: Present:Chairman Leo Jamieson,Mr.Jerry Crosby,Mrs. Jerry Schannep, Mr. Mike Temple and alternate member, Mr. Neal Parker.Absent:Vice-Chairman James Miles. Quorum Present Staff present:Mr. Joel Duke, City Planner and Ms. Alisa Morgan, Secretary. Chairman Jamieson 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 August 8, 2017 meeting.Mrs. Schannep seconded the motion. The motion passed unanimously. OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: USE-ON-APPEAL To allow day care use on property 1187 Upper Kingston Road R-2 Zoning District (Single Family Residential) United Christian Church, Petitioner Mr. Duke introduced the request for a use-on-appeal to operate a day care on property located at 1187 Upper Kingston Road. He stated that in April 1995, the Prattville Board of Zoning Adjustment granted a use on appeal for the use of the property as a church. The board’s approval placed restrictions on the use; prohibiting future expansion for a daycare, ball fields, and other additional uses. The board was asked to provide a clarification on the approval in 1996 and affirmed its earlier approval and restrictions.He stated that the current occupant and owner is the United Christian Church. At some point in the last year, they started operating a daycare facility on the property. The addition of the daycare to the site is an expansion of the church use requiring approval by the Board of Zoning Adjustment.He stated that the daycare use is a violation of the restriction placed on the Board’s 1995 approval.The United Christian Church is seeking to comply with city ordinances and has applied to the Board requesting permission to operate the daycare facility.He also stated that the city had not received any complaints within that year of operation. Thaylee Dickerson, petitioner’s representative, presented the request for day care use at 1187 Upper Kingston Road.He stated that they are trying to obtain state license for the day care and need zoning approval as part of that process. He stated that the only outside activities is recess for the children which will be held on the play yard located on the rear of the property. It is currently fenced and a buffer of trees align the property which helps to reduce visibility and noise.He stated that they are currently at their maximum number for the size of the building and do not intend to expand beyond that number on this site. Chairman Jamieson opened the public hearing.There were none to speak. The public hearing was Approved 10/10/17 Prattville Board of Zoning Adjustment September 12,2017Minutes Page 2of 2 closed. Chairman Jamieson opened discussion for the board.After no further discussion,Mr.Crosby moved to establish the finding of facts stating that 1) the special conditions and circumstances do not result from actions of the applicant;and 2) the use-on-appeal will not adversely affect the surrounding property, the general neighborhood, or the community as a whole.Mr.Parker seconded the motion. The motion to approve the finding of facts passed unanimously. The vote was called.Mr.Parker moved to reaffirm the request,and clarify the approval on April 18, 1995,removing the restriction on the use as a day care and approving the day care use for a maximum of sixty (60) students and as a regulated preschool as defined by the state. Mr.Crosby seconded the motion. The motion to approve passed unanimously. The BZA voted to reaffirm the use-on-appeal as clarified on April 18, 1995,remove the restriction on use as a day care, approve the day care use for a maximum of sixty (60) students and as a regulated preschool as defined by the state on property at 1187 Upper Kingston Road. MISCELLANEOUS: ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 4:50 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 United Christian Church 1187 Upper Kingston Road BZA Application – 170912-01 DATE September 10, 2017 PROPOSED DEVLOPMENT Petitioners: United Christian Church Property Owners: same Agent: Thaylee Dickerson, Representative Location: 1187 Upper Kingston Road, Prattville, AL 36067 Development Status and History Submission Status: Third hearing by the BZA for a church use on this property. Previous Approvals: Initial use of property for church approved by the Board of Zoning Adjustment on April 18, 1995. Approved with restrictions. On February 20, 1996, the Board heard a request to clarify restrictions placed on the April 1995 approval. Conditions of Previous Approvals: April 18, 1995 - Approval for church use granted with restrictions: buffer (vegetated) around property, church services only – no activities, such as: day care, ball fields, etc. Property Configuration Acreage: Approximately 4.15 acres Existing Structures Site contains 7,500 square foot site-built church structure constructed in 1997. Site includes driveway intersections with Upper Kingston Road and Bridge Creek Road (County Road 59). Page 2 of 4 Proposed Use: Church/Semi-Public Use with addition of a day care for approximately 49 students. The daycare operates from 6 a.m. to 6 p.m., Monday through Friday. Current Zoning: R-2 (Single-Family Residential) Required Zoning: Church permitted with use-on-appeal approval from the Board of Zoning Adjustment. Surrounding Developments and Uses: The properties north, south, east, and west of the site are zoned for and built as single-family residential. Street Extensions or New Streets: None required or proposed. Water and Sewer: Not applicable PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: September 1, 2017 Recommendation: Approval contingent on mitigation of any adverse impacts discovered in the public hearing or through Board questions. Planning Staff Comments: Background. In April 1995, the Prattville Board of Zoning Adjustment granted a use on appeal for the use of the property at 1187 Upper Kingston Road as a church. The board’s approval placed restrictions on the use; prohibiting future expansion for a daycare, ball fields, and other additional uses. The board was asked to provide a clarification on the approval in 1996 and affirmed its earlier approval and restrictions. The church structure has been occupied by different churches since its construction in 1997. The current occupant and owner is the United Christian Church. At some point in the last year, the United Christian Church started operating a daycare facility on the property. The addition of the daycare to the site is an expansion of the church use Page 3 of 4 requiring approval by the Board of Zoning Adjustment. The daycare use is a violation of the restriction placed on the Board’s 1995 approval. A church operated daycare does not require Department of Human Resources approval nor a city business license. One of these two review usually bring such cases to the city’s attention. The United Christian Church is seeking to comply with city ordinances and has applied to the Board requesting permission to operate the daycare facility. The church/daycare provided the Board with the following information on the current church use and also the daycare: CHURCH A. Current Membership: 300 B. Days and Hours of Services: 10:30 pm on Sunday, 6:30 p.m. on Wednesday C. Average Weekly Attendance: Sunday: 150 – 200, Wednesday: 50 – 60 D. Days and Hours of All Activities: Sundays and Wednesdays E. Outside Activities: No F. Parking Available on Site: 100 (unconfirmed, 40 confirmed) G. Seating in the Worship Center: 275 (unconfirmed, Prattville Fire states 200) DAYCARE A. Current Enrollment: 49 B. Days and Hours of Services: 6 a.m. – 6:00 p.m., Monday - Friday C. Average Weekly Attendance: 49 D. Days and Hours of All Activities: See B. E. Outside Activities: Yes, Recess activities take place outside F. Parking Available on Site: 100 (unconfirmed) G. Seating available for daycare: 65 (unconfirmed) 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-2 district? The requested use is a permitted use-on-appeal. It is not a prohibited use in an R- 2 district. 2. Is development of the proposed church at 1187 Upper Kingston Road in the public interest? Does the proposed development meet the spirit of the City of Prattville Zoning Ordinance? A primary purpose of the city’s zoning ordinance is to insure that adequate space and facilities are provided for a given use. Regarding churches, the zoning ordinance requires adequate setback from adjacent properties and an adequate parking field. If an ancillary use or activity is added to the site, the facilities should be adequate to accommodate all uses. The facility at 1187 Upper Kingston Road is used as a church and daycare at different times. The facilities must be large Page 4 of 4 enough for the most intense use on the site, which is the church. According to the Prattville Fire Department’s records, the building has adequate seating for the current church membership. The formal parking on the site is less than required by city ordinance for the listed seating capacity. The additional parking needs are likely being provided by on the unpaved sections of the property. The structure and parking provided are adequate for the daycare use. The proposed addition of a daycare to a current church use is consistent with the previous approvals granted by the Board of Adjustment. The two uses have been viewed as complementary. The proposed use and configuration of the property are consistent with the zoning ordinance and in the public interest. 3. Does the proposed church use cause substantial adverse impact to adjacent or nearby properties or uses? When granting the original approval use of the subject property for a church, the Board imposed restrictions which limited ancillary uses. Reviewing the minutes from the 1995 hearing and approval, it appears the restrictions were imposed based on concerns that the non-traditional church activities might have an impact on the surrounding residential neighborhood. Neighbors cited traffic and noise as major considerations. Since the Board granted approval for the church in 1995, Upper Kingston Road has become a major north/south route in northwest Prattville. The primary generator of traffic on Upper Kingston Road is Prattville High School. The amount of additional weekday traffic generated by a small daycare at 1167 Upper Kingston Road is insignificant. The operating hours for the daycare start earlier than most similar facilities. The earlier start may be a disruption to the otherwise residential neighborhood. Noise generated at a non-traditional operating hours and from outdoor activities may be adverse impacts that require mitigation by the applicant. The Board should request additional information about the daycare drop-off and pick-up location, the number of drop-offs at any given time, and the location of any playground facilities used for the daycare. ATTACHMENTS A. Location Map B. Site Aerial C. Application (not included - provided in earlier report) D. Minutes from Previous Board Approvals a. March 21, 1995 (part) b. April 18, 1995 (part) c. February 20, 1996 (part) CO RD 85DURDEN RDUPPER KINGSTON RDHWY 31 NN MEMORIAL DRMARTIN LUTHER KING JR DRPOWELL RD CO RD 57 BRI DGE CREEK RDGARDNER RD MT AIRY DRMI MOSA RDGREENCREST LN MARLYN DRLIVE OAK DR AZALEA DR CAMELLIA DR JOAN LNPARKVIEW DRMOSES RD RIDGEWOOD RD J APONI CA RDCARVER STWOODVALE RDJORDAN CRS L IL A C D R RUTH ST WISTERIA RDKINGSTON OAKS DRP A T E S M IL L L N WILBERFORCE AVECHERRY DR WYNWOOD DR OLD RIDGE RD E LOWER KINGSTON RD HERITAGE HILLS DR FISK ST LONG ST GADDIS PIT RD YORKSHIRE DRCOLEMAN WAYJAMESTOWN DRCARGILL STWIND MILL DR FRANCIS STCROSS CREEK RDWEST DRPRAIRIEVIEW DRDUNVEGAN DRBUNCHE AVEMELMAR DR SEAMON ST ISOM ST GREENCREST STDANIEL DRH E N D E R S O N L N L E XIN G T O N L N E S W IC K D R HUGHES STCARSON DRSWEETBRIAR LNAVALON DRMAC GRAY PARKBELLE MAISON ELIZABETH ST MEHARRY ST CAMILLE CV G R E G S T CONE ST LIVINGSTON AVESTIRLING RDGJUDSON CT23RD ST KINGSTON PL WAVERLY LN SH E FF E R RD KINGSTON GARDEN RDLIVINGSTON CIRKENWOOD CTGOLDSMITH ST PRESTLEY ST RIDGEWOOD RD LOCATION MAP City of PrattvilleAlabama United Christian Church1187 Upper Kingston Road BZA Application 170912-01 ²1 inch = 1,000 feet ^_ 1187 Upper Kingston Road GARDNER RD UPPER KINGSTON RDJORDAN CRS BRIDGE CREEK RDAUSTIN VALLEY DR L E XIN G T O N L N HUGHES ST JONES STDURDEN RDCROSS CREEK RD AVERHART STKINGSTON GARDEN RD KINGSTON RIDGE RD KINGSTON GREEN DRPRESTLEY ST LOCATION MAP City of PrattvilleAlabama United Christian Church1187 Upper Kingston Road BZA Application 170912-01 ²1 inch = 300 feet Legend County Tax Parcel 1187 Upper Kingston Road   CITY OF PRATTVILLEBoard of Zoning AdjustmentPlanning Department Staff Report DATE:8/4/17 CASE FILE NUMBER:170912-01 APPLICATION TYPE:Use-On-Appeal PROPERTY LOCATIONor DESCRIPTION:1187 Upper Kingston Road PETITIONER(S) ANDAGENT(S): United Christian Church Thaylee Dickerson,Representative ZONING DISTRICT(S)R-2 (Single Family Residential) REQUESTED ACTION:Use-On-Appeal to allow day care use on property. ZONING ORDINANCE REFERENCE: Article 7. District Requirements. Appendix A-Zoning Ordinance Section 71 Residential District Requirements (R-2) USES PERMITTED: Single family dwellings (See: regulations common to all “R” Districts...) All “R” Districts USES PERMITTED ON APPEAL: Customary home occupations:Public utility structures, such as electric substations, gas metering stations, sewage pumping stations and similar structures: general hospitals for human, except primarily for mental cases; churches, cemeteries; semi-public buildings; golf courses; municipal, county, state or federal use: kindergartens, nurseries, nursery schools, day care centers, private schools, and satellite dishes or discs not defined herein. CO RD 85DURDEN RDUPPER KINGSTON RDHWY 31 NN MEMORIAL DRMARTIN LUTHER KING JR DRPOWELL RD CO RD 57 BRI DGE CREEK RDGARDNER RD MT AIRY DRMI MOSA RDGREENCREST LN MARLYN DRLIVE OAK DR AZALEA DR CAMELLIA DR JOAN LNPARKVIEW DRMOSES RD RIDGEWOOD RD J APONI CA RDCARVER STWOODVALE RDJORDAN CRS L IL A C D R RUTH ST WISTERIA RDKINGSTON OAKS DRP A T E S M IL L L N WILBERFORCE AVECHERRY DR WYNWOOD DR OLD RIDGE RD E LOWER KINGSTON RD HERITAGE HILLS DR FISK ST LONG ST GADDIS PIT RD YORKSHIRE DRCOLEMAN WAYJAMESTOWN DRCARGILL STWIND MILL DR FRANCIS STCROSS CREEK RDWEST DRPRAIRIEVIEW DRDUNVEGAN DRBUNCHE AVEMELMAR DR SEAMON ST ISOM ST GREENCREST STDANIEL DRH E N D E R S O N L N L E XIN G T O N L N E S W IC K D R HUGHES STCARSON DRSWEETBRIAR LNAVALON DRMAC GRAY PARKBELLE MAISON ELIZABETH ST MEHARRY ST CAMILLE CV G R E G S T CONE ST LIVINGSTON AVESTIRLING RDGJUDSON CT23RD ST KINGSTON PL WAVERLY LN SH E FF E R RD KINGSTON GARDEN RDLIVINGSTON CIRKENWOOD CTGOLDSMITH ST PRESTLEY ST RIDGEWOOD RD LOCATION MAP City of PrattvilleAlabama United Christian Church1187 Upper Kingston Road BZA Application 170912-01 ²1 inch = 1,000 feet ^_ 1187 Upper Kingston Road GARDNER RD UPPER KINGSTON RDJORDAN CRS BRIDGE CREEK RDAUSTIN VALLEY DR L E XIN G T O N L N HUGHES ST JONES STDURDEN RDCROSS CREEK RD AVERHART STKINGSTON GARDEN RD KINGSTON RIDGE RD KINGSTON GREEN DRPRESTLEY ST LOCATION MAP City of PrattvilleAlabama United Christian Church1187 Upper Kingston Road BZA Application 170912-01 ²1 inch = 300 feet Legend County Tax Parcel 1187 Upper Kingston Road