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09 - September 08 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 8, 2015 4:00pm Call to Order: Roll Call: Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Cimis, Mr. Mac Macready, and Mrs. Jerry Schannep. Minutes: Old Business: None New Business: 1. 150908-01 USE-ON-APPEAL To allow church use on the property. 741 Martin Luther King Drive R-4 Zoning District (Multi-Family Residential) Bishop J. L. Davis, Petitioner District 2 Miscellaneous: Adjourn Prattville Board of Zoning Adjustment September 8, 2015 Minutes Page 1 of 2 City of Prattville Board of Zoning Adjustment Minutes September 8, 2015 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Leo Jamieson at 4:03 p.m. on Tuesday,September 8, 2015. ROLL CALL: Present:Chairman Leo Jamieson,Vice-Chairman James Miles,Mr. Gerald Cimis,Mr. Mac Macready, and Mrs. Jerry Schannep.Absent:None. 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: None OLD BUSINESS: None NEW BUSINESS: USE-ON-APPEAL To allow church use on the property. 741 Martin Luther King Drive R-4 Zoning District (Multi-Family Residential) Bishop J. L. Davis, Petitioner Mr. Duke introduced the request for the use-on-appeal to allow a church use on property 741 Martin Luther King Drive.He stated that the property is owned by North Highland Recreation.He stated that the site currently contains one structure,which is different from what the aerial map from 2010 presented in their packets. Johnny Davis, petitioner, presented the request to allow a church use on property. He stated that the church was located on Highway 31 and moved to this location and was not aware that they needed zoning approval to operate. He stated that the church is setup for occupancy of 64. He stated that they have passed inspection by the Fire Department. He stated that they would operate on Wednesdays at 6:30 a.m.,on Sundays at 9:00 a.m. and that there would be no services held outside. Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was closed. Willie John Dozier, Director of the North Highland Recreation, stated that the organization objects to any rezoning of the property. Napoleon Goodson, Chairman of the North Highland Recreation, stated that he signed the lease agreement with Mr. Davis/Ambassadors Worship Center for church use,but is against any rezoning of property. Prattville Board of Zoning Adjustment September 8, 2015 Minutes Page 2 of 2 Chairman Jamieson explained that if the request is approved the zoning would remain the same. After no further comments, questions, or discussion, the vote was called.Mr. Cimis moved to approve contingent that the church use cease when this church (Ambassadors Worship Center) cease to exist at 741 Martin Luther King Drive. Mrs. Schannep seconded the motion. The BZA voted unanimously to approve the use-on-appeal to allow a church use with contingencies on property located at 741 Martin Luther King Drive. MISCELLANEOUS: The BZA discussed scheduling another training session soon. City Attorney David McDowell informed the BZA of an appeal of their August 11, 2015 decision to grant a variance at 323-B Hazel Street. Mr. McDowell discussed that Mr. Cimis had filed the notice of appeal. As a result, Mr. McDowell discussed his hesitancy to discuss the appeal with the board members with Mr. Cimis present. Mr. Duke informed the Board that Mr. Thomas Davis did not have a deed to the property at 323-B Hazel Street. Mr. Cimis questioned Mr. McDowell as to how Mr. Davis could have standing before the Board without a deed and requested he provide the Board an opinion. Mr. Miles stated that if he knew that Mr. Davis did not have a deed to the property, it would have affected his vote. ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 5:02 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 Bishop J. L. Davis (Ambassadors Worship Center) 741 Martin Luther King Drive BZA Application – 150908-01 DATE September 4, 2015 PROPOSED DEVLOPMENT Petitioners: Bishop J. L. Davis (Ambassadors Worship Center) Property Owners: North Highland Recreation Center Agent: Bishop J. L. Davis Location: 741 Martin Luther King Drive Development Status and History Submission Status: Site previously used for North Highland School and Prattville Head Start Center No other requests on file for use-on-appeal at this address Previous Approvals: None Conditions of Previous Approvals: N/A Property Configuration Acreage: Approximately 5.09 acres Existing Structures Site contains 2,200 square foot site-built commercial structure previously used by the Elmore/Autauga Community Action Agency Head Start program (daycare/pre-school). The former operation included portable/temporary structures visible in the city’s 2010 aerial photography. All of the portable structures have been removed from the site. Page 2 of 4 Proposed Use: Church/Semi-Public Use Current Zoning: R-4 (Residential/Including Multi-family) Required Zoning: Church permitted with use-on-appeal approval from the Board of Zoning Adjustment. Surrounding Developments and Uses: The property north, east, and west of the site is zoned Residential (R-3 and R-4). The single exception is N. Highland Park, which is zoned B-1, Neighborhood Commercial. The property to the south is zoned B-1 Neighborhood Commercial. While zoned for residential, the subject property and the surrounding area presently and historically have housed and supported institutional uses. Historic N. Highland School was located on the subject property and the parcel immediately north. Directly across the street is the city’s North Highland Park. 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: September 3, 2015 Recommendation: Approval contingent on compliance with building and life safety codes. Board should limit activities to existing structure and require additional review and approval of any future expansion of the use or structures. Page 3 of 4 Planning Staff Comments: Background. In July 2015, the Prattville Fire Department’s annual inspection of commercial properties discovered that 721 Martin Luther King Drive has been occupied by the Ambassadors Worship Center. The church and the property owners were informed that the church use represents a change in occupancy requiring both Board of Zoning Adjustment approval and at least a code evaluation by an architect. The change in occupancy will likely require modifications to the building in order to meet building and life safety code. The church’s pastor submitted an application to the Board requesting approval of the church use. The pastor provided the Board with the following information: A. Current Membership: 25 B. Days and Hours of Services: 9 am – 12:30 pm (Sunday?) C. Average Weekly Attendance: 10 – 15 D. Days and Hours of All Activities: Sunday & Wednesday (Wed. hours are unclear) E. Outside Activities: No F. Parking Available on Site: 75 G. Seating in the Worship Center: 64 (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-4 district? The requested use is a permitted use-on-appeal. It is not a prohibited use in an R- 4 district. 2. Is development of the proposed church at 741 Martin Luther King Drive 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 64 seats. The church has not completed and submitted the required code analysis to support a 64 seat capacity. However, assuming the 64 seats, city ordinance dictates 26 parking spaces. At the minimum 9’ x 18’ configuration, the spaces will require approximately 4,300 square feet. The site presently contains parking areas north and south of the proposed church structure. The total parking area is 6,100 square feet. Even accounting a required travel aisles, the existing parking field is adequate for the requested seating. Additional parking may be needed if the code analysis Page 4 of 4 determines the seating capacity is larger than stated in the application. Sufficient space exists on the cleared portion of the lot to accommodate additional parking. Any additional parking must be improved and meet city minimum dimensions and landscaping regulations. The proposed institutional use is consistent with the past use of the property as a school and community oriented pre-school. It is also consistent with the neighborhood focused city and private institutional uses located nearby. The site directly accesses a minor traffic arterial, Martin Luther King Drive, 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? During the subject property’s past use as a school and pre-school no adverse impacts were observed or reported. The proposed use is similar in scale and operation to the past uses. Therefore, approval of the requested use will not adversely impact the surrounding neighborhood. ATTACHMENTS A. Location Map B. Site Aerial C. Application D. Staff Photos CONE ST MARTIN LUTHER KING JR DR102 GOLDSMITH ST 741 MARTIN L KING JR DR 737 MARTIN L KING JR DR ² 1 inch = 40 feetAerial photography date: March 2010 Legend County Tax Parcel Text Use on Appeal Ambassadors Worship Center721 Martin Luther King Dr Site Map North Highland Community Center North Highland Park 741 Martin Luther King DriveSubject Building and Site