1607 - July 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
July 12, 2016
4:00pm
Call to Order:
Roll Call:
Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Cimis, Mr. Mac Macready, and Mrs. Jerry Schannep.
Election of Officers:
Minutes:
June 14, 2016
Old Business:
None
New Business:
1. 160712-01 USE-ON-APPEAL
To allow parking lot for church use.
191 Seventh Street
B-2 Zoning District (General Business)
First Missionary Baptist Church, Petitioner
District 2
Miscellaneous:
Adjourn
Prattville Board of Zoning Adjustment
July 12, 2016 Minutes
Page 1 of 2
City of Prattville Board of Zoning Adjustment
Minutes
July 12, 2016
CALL TO ORDER:
The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by
Chairman Leo Jamieson at 4:00 p.m. on Tuesday,July 12, 2016.
ROLL CALL:
Present:Chairman Leo Jamieson,Mr. Gerald Cimis,Mr. Mac Macready,Mrs. Jerry Schannep and
Alternate Member Mr. Jerry Crosby.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. Macready moved to approve the minutes of the June 14, 2016 meeting.Mr. Crosby seconded the
motion. The motion passed by majority vote.Mr. Cimis abstained.
OLD BUSINESS:
There was no old business to discuss.
NEW BUSINESS:
USE-ON-APPEAL
To allow parking lot for church use.
191 Seventh Street
B-2 Zoning District (General Business)
First Missionary Baptist Church, Petitioner
Mr. Duke introduced the request for a use-on-appeal at 191 Seventh Street.He stated that the property
is located at the corner of Seventh Street and Court Street. He stated that the petitioner is requesting to
pave the northeast corner of the vacant lot for parking to be used by the church. He stated that the lot
has consistently been used for parking for area businesses and uses.
Larry Smith,Vice-Chairman of the Board of Trustees for First Missionary Baptist Church and
representative for the petitioner,stated that they want to beautify the vacant lot that is currently used
for parking by paving it just within the fenced area. He stated that the lot would contain a maximum
of 10 parking spaces.
Chairman Jamieson opened the public hearing.
Quinton Robinson, 143 7th Street, spoke on concerns of the boundary lines, whether the parking lot
would encroach on their property.
Mr. Duke stated that the paved parking would not extend beyond the existing fence that is the
commonly recognized property boundary. The property deed lays out the dimension of the lots.
Prattville Board of Zoning Adjustment
July 12, 2016 Minutes
Page 2 of 2
Fannie Robinson, 143 7th Street, stated that she placed the fence on the property many years ago to
prevent trespassing to her property. She stated that the church has parked on her property and wanted
to ensure that her rights are not being violated.
Mr. Smith addressed Ms. Robinson’s comments. He stated that the First Missionary Baptist Church
wants to be good neighbors. They are taking precautions not to infringe upon her rights by
maintaining the paved parking inside the existing fence. He stated that they are not trying to eliminate
anyone from using the parking. They just want to beautify the area.
The public hearing was closed.
After no further comments, questions, or discussion, the vote was called.Mr. Cimis moved to approve
the finding of facts:1.The proposed church is an allowable use-on-appeal, and not a prohibited use in
a B-2 district; 2.The proposed location of the church is in the public’s interest and the proposed
parking lot does meet the spirit of the City of Prattville Zoning Ordinance; 3.The proposed church use
does not cause substantial adverse impact to adjacent or nearby properties or uses; and 4.The parking
lot will not violate the setback of the existing fence or any existing structures. Mr. Crosby seconded
the motion.
The motion to approve the finding of facts passed unanimously.
Mr. Cimis moved to approve the request based on the approved finding of facts.Mr. Crosby seconded
the motion.
The motion to approve passed unanimously.
The BZA voted unanimously to approve the use-on-appeal to allow a parking lot for church use at 191
Seventh Street.
MISCELLANEOUS:
ADJOURN:
After no further comments, questions or discussion the meeting was adjourned at 4:40 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 Church Use – First Missionary Baptist Church
Vacant Lot – SE Corner of Seventh Street and
N. Court Street192 Seventh Street
BZA Application – 160712-01
DATE July 8, 2016
PROPOSED DEVLOPMENT
Petitioners: First Missionary Baptist Church
Property Owners: Same
Agent: Larry Smith, First Missionary Baptist Church
Location: Vacant parcel southeast corner of 7th Street and N. Court
Street.
Autauga County Parcel Number: 1903084002012000
(Previously addressed as 191 7th Street)
Development Status and History
Submission Status: Requesting permission to convert existing vacant lot to
parking lot for use by the church.
Previous Approvals: None. No other request on file for use-on-appeal at this
address
Conditions of Previous
Approvals:
N/A
Property Configuration
Parcel Size: Approximately 7,600 square feet according to Autauga
County Tax Records. 5,890 square feet according to
deed.
Existing Structures No existing structures
Page 2 of 4
Proposed Use: Church/Semi-Public Use – Parking Lot
Current Zoning:
B-2 (General Business)
Required Zoning:
Church permitted in B-2 district with use-on-appeal
approval from the Board of Zoning Adjustment.
Surrounding
Developments and Uses:
The property west of the site is zoned M-1 (Light
Industrial). The property to the north, south, and east is
zoned B-2 (General Business).
Street Extensions or New
Streets:
None required or proposed.
Water and Sewer: Not applicable to the proposed development
PLANNING STAFF EVALUATION
Reviewed by: Joel T. Duke, AICP
Site Visits Conducted: March 1, 2016 and July 8, 2016
Recommendation: Approval.
Planning Staff Comments:
Background. The vacant parcel previously addressed as 191 Seventh Street is located
directly across Seventh Street from the First Missionary Baptist Church. A 982 square
foot structure was removed from the property between 2000 and 2005 leaving an un-
vegetated field. The roughly 6,000 square foot parcel was acquired by the church in
January 2015. The church is requesting permission to improve the lot and create 8 paved
parking spaces. The improved lot provides driveways on both Seventh Street and Court
Street. The proposed driveways and parking spaces meet city dimensional requirements.
The design provides a 10’ x 10’ area in the northwest corner of the lot for landscaping.
According to church representatives, the locally accepted boundaries of the lot
correspond with a chain link fence running near the east and south property lines. These
“lines” do not correspond with the deeded property or the tax office boundaries. All of
these lines are shown on the applicant’s submitted site plan. While additional property
may be available for development of the parking lot, the church is electing to maintain the
fence line as the boundary for the developed parking.
Page 3 of 4
The church provided the Board with the following supplemental information concerning
their operations:
A. Current Membership: 300 - 400
B. Days and Hours of Services: Sunday worship service 9:20 a.m., Wednesday
Bible study Noon and 6:30 p.m.
C. Average Weekly Attendance: Sunday: 150, Wednesday 50
D. Days and Hours of All Activities: Food ministry - Wednesday
E. Outside Activities: No
F. Parking Available on Site: 100+ (Staff count 133)
G. Seating in the Worship Center: 300
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 a
B-2 district?
The requested use is a permitted use-on-appeal. It is not a prohibited use in a B-
2 district.
2. Is location of the proposed church use (parking lot) at 192 Seventh Street 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. The church stated their capacity in the worship center to be 300
seats. City ordinance dictates 120 parking spaces. 133 spaces are provided in the
churches existing configuration. The proposed parking is not required to meet
zoning requirements.
The proposed church or institutional use of the subject property is consistent with
the present commercial use of the property. It is also consistent with the
commercial uses located adjacent and nearby. The unimproved site is likely
providing parking for all of these uses at various times during a given week. The
proposed improvements bring the lot into compliance with city codes for the de
facto use. The proposed use and configuration of the property are consistent with
the zoning ordinance and in the public interest.
Page 4 of 4
3. Does the proposed church use cause substantial adverse impact to adjacent or
nearby properties or uses?
The use does not adversely impact the neighborhood, and may arguably be an
improvement to the neighborhood and intersection.
ATTACHMENTS
A. Location Map
B. Application
C. Site Plan (part of application)
DATE:6/27/16
CASE FILE NUMBER:160712-01
APPLICATION TYPE:Use-On-Appeal
PROPERTY LOCATIONor DESCRIPTION:191 Seventh Street
PETITIONER(S) ANDAGENT(S):First Missionary Baptist Church Prattville
Larry Smith,Representative
ZONING DISTRICT(S)B-2 (Local Shopping District)
REQUESTED ACTION:Use-On-Appeal to allow church use on property.
ZONING ORDINANCE
REFERENCE:
Article 7. District Requirements. Appendix A-Zoning
Ordinance Section 72 Business District Requirements
(B-2)
USES PERMITTED:…Any use permitted or permitted on appeal in the R-4 Residential
District, and subject to all district requirements of an R-4 District
as specified in Section 71, hereof.
Section 71 Residential District Requirements (R-4)
USES PERMITTED ON APPEAL:
(See: regulations common to all “R” Districts...)
All “R” Districts
USES PERMITTED ON APPEAL:
...churches…