1612 - December 13
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
December 13, 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:
September 13, 2016 and October 11, 2016
Old Business:
None
New Business:
1. 161213-01 USE-ON-APPEAL
To allow for church use on property.
404 West Fourth Street
B-2 Zoning District (General Business)
Milton Woodfin/Grace Life Church, Petitioner
District 1
Miscellaneous:
Adjourn
Prattville Board of Zoning Adjustment
December 13, 2016 Minutes
Page 1 of 2
City of Prattville Board of Zoning Adjustment
Minutes
December 13, 2016
CALL TO ORDER:
The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Vice-
Chairman James Miles at 4:01 p.m. on Tuesday,December 13, 2016.
ROLL CALL:
Present:Vice-Chairman James Miles,Mr. Gerald Cimis,Mr. Mac Macready,Mrs. Jerry Schannep and
Jerry Crosby.Absent:Chairman Leo Jamieson.
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.Cimis moved to approve the minutes of the September 13, 2016 and October 11, 2016 meetings as
submitted.Mr. Crosby seconded the motion. The motion passed unanimously.
OLD BUSINESS:
There was no old business to discuss.
NEW BUSINESS:
USE-ON-APPEAL
To allow for church use on property.
404 West Fourth Street
B-2 Zoning District (General Business)
Milton Woodfin/Grace Life Church, Petitioner
Mr. Duke introduced the request for a use-on-appeal for a church use in a B-2 District at 404 West
Fourth Street.He stated that the requested church use is an acceptable use and meets life safety codesas approved by the city’s Building and Fire departments. The property is currently used for an office
and warehouse.
Milton Woodfin,property owner,stated that the he wants to sell the property and felt the church would
be a good fit for the neighborhood.
Vice-Chairman Miles opened the public hearing.
Jonathan Roll, 1072 Arrowhead Drive, spoke in favor of the request.
After no further comments, the public hearing was closed.
Mr. Woodfin presented a letter from adjacent business owner, Matt Swofford of Weather Seal, of a
cross parking agreement for church use at 404 West Fourth Street.
The vote was called. Mr. Cimis moved to establish the finding of facts:1)The proposed use is not a
Prattville Board of Zoning Adjustment
December 13, 2016 Minutes
Page 2 of 2
prohibited use in a B-2 district;2)the proposed development meets the spirit of the City of Prattville
Zoning Ordinance;and 3)the proposed church use would not cause a substantial adverse impact to
adjacent or nearby properties or uses.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 contingent that the
seating capacity may exceed 150 seats if the adjacent property, Weather Seal, provides a written
agreement permitting use of the Weather Seal lot for overflow parking.Mr.Crosby seconded the
motion.
The motion to approve passed unanimously.
The BZA voted unanimously to approve the use-on-appeal to allow for church use on property at 404
West Fourth Street contingent that the capacity does not exceed 150 seats without a cross parking
agreement.
MISCELLANEOUS:
Vice-Chairman Miles deferred the election of officers until the January 2017 meeting in hopes that all
regular members would be present.
Vice-Chairman Miles acknowledge Mr. Macready who expressed his desire to resign from the BZA.
Board members expressed to Mr. Macready their gratitude for his service to the BZA and their well
wishes for him.
ADJOURN:
After no further comments, questions or discussion the meeting was adjourned at 4:30 p.m.
Respectfully submitted,
Alisa Morgan,Secretary
Board of Zoning Adjustment
DATE:11/22/16
APPLICATION TYPE:Use-On-Appeal
CASE FILE NUMBER:161213-01
PROPERTY LOCATIONor DESCRIPTION:404 West Fourth Street
PETITIONER(S) ANDAGENT(S):
Grace Life Church
Pastor Phil Bevilacqua, Representative
ZONING DISTRICT(S)B-2 (General Business)
REQUESTED ACTION:Use-On-Appeal to allow for 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…
CITY OF PRATTVILLE
Board of Zoning Adjustment
Planning Department Staff Report
USE-ON-APPEAL Church Use – Grace Life Church
404 W. 4th Street
BZA Application – 161213-01
DATE December 11, 2016
PROPOSED DEVLOPMENT
Petitioner: Grace Life Church
Property Owner: Milton Woodfin
Agent: N/A
Location: 404 W. 4th Street – approximately 800 feet west of
intersection of 4th Street and Gin Shop Hill Road
Development Status and History
Submission Status: Requesting permission to convert existing commercial
structure for church use
Previous Approvals: None. No other request on file for use-on-appeal at this
address
Conditions of Previous
Approvals:
N/A
Property Configuration
Acreage: Approximately .94 acres
Existing Structures Site contains a 9,000 square foot commercial structure
previously used as showroom and distribution warehouse.
Proposed Use: Church/Semi-Public Use
Current Zoning:
B-2 (General Business District)
Page 2 of 4
Required Zoning:
Church permitted with use-on-appeal approval from the
Board of Zoning Adjustment.
Surrounding
Developments and Uses:
The properties north east, and west of the site are zoned
B-2 (General Business). The property to the south is
zoned R-3 (Single-family residential).
Street Extensions or New
Streets:
None required or proposed.
Water and Sewer: Public potable water and sanitary sewer are provided to
the site and the existing building.
PLANNING STAFF EVALUATION
Reviewed by: Joel T. Duke, AICP
Site Visits Conducted: December 8, 2016
Recommendation: Approval contingent on compliance with building and life
safety codes.
Planning Staff Comments:
Background. Grace Life Church appeared before the BZA on June 14, 2011 requesting
approval for a church use for the commercial building located at 119 West Main Street.
The 2011 request was denied by the Board based on a failure to obtain the required four
votes in favor of the request. The denial was appealed to Autauga County Circuit Court
by the property owner, Prattville Development Group, LLC, and the petitioner, John
Bevilacqua. After hearing the case, Judge John Bush reversed the BZA decision and
granted the request for church use at 119 West Main Street contingent on all outstanding
building code violations being resolved. Grace Life Church did not submit a request for
permit or occupancy inspection for 119 West Main Street. Minutes from the 2011 request
and the circuit court order are included as attachments to this report.
Current Request. Grace Life Church and the property owner, Milton Woodfin, submitted
an application to the Board of Adjustment requesting approval of a church use as at 404
West 4th Street. The church provided the Board with the following information:
A. Current Membership: 100
B. Days and Hours of Services: Sunday 9:45 am - 12:00 pm, Wednesday 7:00
pm – 8:00 pm
Page 3 of 4
C. Average Weekly Attendance: Sunday: 100, Wednesday: 50
D. Days and Hours of All Activities: Sundays and Wednesdays as described above
E. Outside Activities: No
F. Type of Outside Activities: N/A
G. Parking Available on Site: 50 – 70
H. Seating in the Worship Center: 150 (for now)
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 at 404 West 4th 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 150
seats. The church has completed and submitted a code analysis supporting 273
in the area proposed for assembly. Using a capacity 270 seats, city ordinance
dictates 108 parking spaces. The area provided on the lot does not support 108
parking spaces. City staff review of the site indicates that it may accommodated
50 to 60 9’ x 18’ parking spaces, travel aisles, and handicapped spaces. The
amount of parking available will accommodate the church’s current average
attendance and the number of seats planned for the initial occupation. Additional
parking will be needed if the seating exceeds 150.
The proposed institutional use is consistent with the commercial zoning of the
property. It is also consistent with the surrounding neighborhood, which features a
mixture of commercial, residential, and institutional uses. The site directly
accesses a major traffic arterial, West 4th Street, with sufficient capacity and
connectivity to accommodate the proposed use. 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?
Page 4 of 4
Given the stated scale of the operation, the past use of the property for commercial,
and the limitation placed on future expansion by the city’s building code, the
proposed use does not pose an adverse impact on the surrounding neighborhood.
ATTACHMENTS
A. Location Map
B. Application
C. Minutes June 14, 2011 BZA meeting
D. Circuit Court Order – Prattville Development Group v. BZA,
November 9, 2011
Planning and Development Department
102 West Main Street Alabama 36067 334-361-3613 334-361-3677 Facsimile
planning.prattvilleal.gov
CITY OF PRATTVILLE
BOARD OF ZONING ADJUSTMENT
A G E N D A
June 14, 2011
4:00pm
Call to Order:
Roll Call:
Chairman Leo Jamieson, Vice-Chairman John Gillian, Ms. Kitty Houser, Mr. Mac Macready, and
Mrs. Jerry Schannep. Alternate Member: Commander Michael Whaley.
Minutes:
April 12, 2011 and May 17, 2011
Old Business:
None
New Business:
1. 110614-01 ADMINISTRATIVE APPEAL:
Variance to place a manufactured home on property.
231 County Road 29
FAR Zoning District (Forest, Agricultural, Recreation)
The Estate of Madge Benefield, deceased, Petitioner
District 1
2. 110614-02 VARIANCE: To reduce the perimeter landscaping setbacks.
720 South Memorial Drive
B-1 (Neighborhood Commercial)
McDonald’s Corporation, Petitioner
District 6
3. 110614-03 USE-ON-APPEAL:
To allow for church use.
119 West Main Street
B-2 (General Business)
Grace Life Church, Petitioner
District 1
Election of Officers:
Miscellaneous:
Adjourn: