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2006-June 9 BZA Pkt (Draft)1 0 2 W e s t M a i n S t r e e t \ P r a t t v i l l e , A L 3 6 0 6 7 \ 334. 5 9 5 . 0 5 0 0 \ p r a t t v i l l e a l . g o v BILL GILLESPIE, JR. MAYOR J. SCOTT STEPHENS, AICP DIRECTOR CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A June 9, 2020 4:00pm Call to Order: Roll Call: Chairman Jerry Crosby, Vice-Chairman Charles Knapp, Mr. Billy Barrett, Jr., and Mrs. Jerry Schannep. Minutes: May 12, 2020 Old Business: 1. 200414-02 USE-ON-APPEAL: To operate a home lawn care business. 648 Vintage Way R-5 (Patio Garden Homes) Brandon Vaughn, Petitioner Tabled 5/12 Public Hearing District 7 New Business: 2. 200609-01 USE-ON-APPEAL: To allow use of a camper park in a FAR Zoning District. 1015 Loren Street FAR (Forest, Agricultural, Recreation) George Walthall, III, Petitioner Public Hearing District 2 3.200609-02 VARIANCE: To allow a carport encroachment. 1809 Tara Drive R-2 (Single Family Residential) Miles Bishop, Petitioner Public Hearing District 5 4. 200609-03 USE-ON-APPEAL: To allow a single family residence in a M-1 Zoning District. 480/490 Upper Kingston Road M-1 (Light Industrial) Gina Grier, Petitioner Public Hearing District 2 5. Proposed Amendments: Board of Zoning Adjustment By-Laws Miscellaneous: Adjourn: Alabama Code Section 11-52-81 Board of adjustment - Appeals to circuit court from final decision of board of adjustment. Any party aggrieved by any final judgment or decision of such board of zoning adjustment may within 15 days thereafter appeal therefrom to the circuit court by filing with such board a written notice of appeal specifying the judgment or decision from which the appeal is taken. In case of such appeal such board shall cause a transcript of the proceedings in the action to be certified to the court to which the appeal is taken, and the action in such court shall be tried de novo. DRAFT Variance 200609-01 Page 1 CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report SUMMARY FACTS # Variance 200609-01: PETITIONER: George Walthall III PROPERTY OWNER: George Walthall III SUBJECT SITE: 1015 Loren Street REQUEST: The owner is requesting use on appeal to create a Recreational Vehicle (RV) Park CURRENT ZONING: FAR – Forest, Agricultural, Recreation LOCATION: 1015 Loren Street SURROUNDING LAND North: Unincorporated / Forest, Agricultural, Recreation (FAR) USES AND ZONING: South: Forest, Agricultural, Recreation (FAR) East: Forest, Agricultural, Recreation (FAR) West: Forest, Agricultural, Recreation (FAR) DEVELOPEMNT STATUS & HISTORY: Previous Variance Requests/Approval: No Previous Requests for subject property Conditions of Previous Approval: N/A DESCRIPTION OF VARIANCE REQUEST: 1.A Use-on-Appeal has been requested to create a Recreational Vehicle (RV) Park on subject property ZONING ORDINANCE REFERENCED: The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section described below: Section 74. – Forest, Agricultural, Recreation. Section 74 USES PERMITTED: General and specialized farming, forestry and agricultural uses, except commercial feed lots; roadside stands for the sale of produce raised on the farm premises. Conservation areas and structures for the development, protection, preservation and conservation of open space, watersheds, water, soil, forest and wildlife resources. Parks, playgrounds, play fields, general recreation facilities, golf courses and clubhouses. Single-family detached dwellings. Accessory structures or use customarily incidental to any of the aforementioned permitted uses. Home occupations only in accordance with the provisions specified in Article 6. USES PERMITTED ON APPEAL: Churches and other places of worship, DRAFTAGENDA ITEM #1 Variance 200609-01 Page 2 schools offering general education courses, clubs not conducted for profit, outdoor advertising signs and structures, plant nurseries and greenhouses, hospitals, sanitariums, nursing homes and orphanages, resorts, campgrounds, riding academies and stables, airports, sanitary landfills, quarries, railroad rights-of-way, cemeteries, and essential community facilities. Accessory structures or uses customarily incidental in any of the aforementioned conditional uses. USES PROHIBITED: All uses not permitted or permitted on appeal are prohibited. Article 1. Section 5.b. Building lots, yards and open spaces No building need be set back more than the average of the setbacks of the existing residences within one hundred (100) feet each side thereof. STAFF ANALYSIS: The applicant is proposing to establish parking sites for recreational vehicles (RVs) mixed within the existing mobile home park on Loren Street. Approximately 10 mobile homes are currently parked and inhabited at the property. Applicant proposes to enhance seven (7) existing spots that are currently vacant to more appropriately fit RVs. These spots formerly had mobile homes on them that have already been removed. Long term, the applicant envisions more RV lots once existing mobile homes are vacated and moved off the property. Applicant currently owns approximately half of the mobile homes on the property and leases them to tenants. The remaining mobile homes that the property owner does not own lease a lot from the property owner. The applicant proposes to lease lots for the RVs proposed. Applicant has made minor improvements to the proposed RV sites including raised pads with gravel and slag in front of the mobile home/RV parking spots. Applicant has also made some improvements to the mobile homes in which he owns on the property. Based on staff conversations with applicant, he intends to lease the RV spots on a month-to-month basis. Property is not on municipal sewer system and instead uses large septic facility serving all mobile homes on property. Property is also on one master water meter. The Board should make the following determinations: 1.The proposed use will not be contrary to the public interest and will be in the spirit of the zoning ordinance. 2.Permitting this request will not establish a use prohibited in the FAR zoning district. a.Campground is listed as a Use Permitted on Appeal in the zoning ordinance (§74). 3.The proposed use will not cause a substantial adverse impact on property or improvements in the vicinity or in this FAR district. The following are suggested questions, additional information, and/or conditions that may be considered: 1.Are the proposed RV lots for permanent parking or temporary parking?DRAFTAGENDA ITEM #1 Variance 200609-01 Page 3 2.Ingress/egress to property – how often will RVs be moved in and out of this property? 3.What size and type of RVs are expected on these parking spaces? (motorhomes, pull behind campers, popup campers, etc.) 4.Where will the RV residents park personal vehicles? 5.Will improvements be made to the RV sites to allow easy in and out of the RV? 6.What utilities are available? (Sewer or Septic? Water? Power?) 7.Is existing wastewater infrastructure in good repair and will will existing septic system accommodate additional capacity of proposed recreational vehicles? Section 68. - Definitions Camping and recreational equipment. As used in this ordinance, "camping and recreational equipment" is defined and shall include the following: Recreational vehicle. A recreational vehicle is a vehicular-type structure, primarily designed as temporary living quarters for recreation, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered. With allowances for engineering variations, the basic entities are: a)A "travel trailer" is a vehicular portable structure, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a stock passenger automobile, primarily designed and constructed to provide temporary living quarters for recreation, camping and travel use. b)A "camping trailer" is a vehicular portable structure, mounted on wheels, constructed with collapsible partial side walls of fabric, plastic, or other pliable material for folding compactly while being drawn by another vehicle, and, when unfolded at the site or location, providing temporary living quarters, and whose primary design is for recreation, camping or travel use. c)A "truck camper" is a portable structure, designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters for recreation, camping, or travel use. d)A "motor home" is a structure built on and made an integral part of a self-propelled motor vehicle chassis other than a passenger car chassis, primarily designed to provide temporary living quarters for recreation, camping, and travel use. e)Vehicle shall also include any boat or vehicle designed to be used on waterways, lakes, rivers, or any other large body of water. PLANNING STAFF EVALUATION: Reviewed by: Darrell Rigsby, Senior Planner Recommendation: DRAFTAGENDA ITEM #1 LOREN STREYNOLDS MILL RDLOREN ST REYNOLDS MILL RD Aerial Map - Loren St-1015 (Walthall Mobile Home Park) ± Legend Subject Area Address Points Streets Autauga Tax Parcels 0 250125 Feet Locations are approximateDRAFTAGENDA ITEM #1 CO R D 4 E ORTON STWASHINGTON FERRY RDLOREN STHALEY CTREUBEN RD G S RD REYNOLDS MILL RD LANGFORD LNLANGFORD CTLANGFORD DRSPRING STINDUSTRIAL PARK RDLANGFORD WAY LOREN ST LANGFORD CTLocation Map - Loren St-1015 (Walthall Mobile Home Park) ± Legend Subject Area Address Points Streets Autauga Tax Parcels 0 1,000500 Feet Locations are approximateDRAFTAGENDA ITEM #1 LOREN STREYNOLDS MILL RDLOREN ST REYNOLDS MILL RD F.A.R. B-1 Zoning Map - Loren St-1015 (Walthall Mobile Home Park) ± Legend Subject Area Address Points Streets Autauga Tax Parcels B-1 F.A.R. 0 250125 Feet Locations are approximateDRAFTAGENDA ITEM #1 DRAFTAGENDA ITEM #1 Variance 200609-02 Page 1 CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report SUMMARY FACTS # Variance 200609-02: PETITIONER: Tri-County Screen Enclosures PROPERTY OWNER: Michelle Leigh Hamby SUBJECT SITE: 1809 Tara Drive REQUEST: The owner is requesting a variance to build a carport within the required setback. CURRENT ZONING: R-2 (Single-Family Residential) LOCATION: 1809 Tara Drive SURROUNDING LAND North: Single-Family Residential (R-2) USES AND ZONING: South: Single-Family Residential (R-2) East: Single-Family Residential (R-2) West: Single-Family Residential (R-2) DEVELOPEMNT STATUS & HISTORY: Previous Variance Requests/Approval: No Previous Approvals Conditions of Previous Approval: N/A DESCRIPTION OF VARIANCE REQUEST: 1. A variance has been requested for a carport that will not meet the minimum side setback of 10ft. 2. The petitioner is requesting to build a carport within 3’9” of the property line. ZONING ORDINANCE REFERENCED: The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section described below: Section 71. - Residential district requirements. Section 71 MINIMUM YARD SIZE: Front Yard: 35 feet; Rear Yard: 40 feet; Side Yard: 10 feet. DRAFTAGENDA ITEM #2 Variance 200609-02 Page 2 STAFF ANALYSIS: The applicants request is for a proposed open frame carport structure and is depicted in the attached site plan submitted with an initial accessory structure permit application. Per the applications hand drawn site plan, the carport is going to be attached to the dwelling, therefore it has to meet the R-2 side setback of 10ft. If the carport was unattached to the dwelling it would only have to meet a 5ft. setback because it would be considered an Accessory Structure but the 5ft setback would still overlap unto the adjoining property located to the left 1809 Tara. PLANNING STAFF EVALUATION: Reviewed by: Tommie Williams, Planner Recommendation: The board shall determine if a legitimate hardship is found with the placement of the proposed structure. A distinctive topographic variation, unique lot layout, or something that results from conditions that are unique to the property can hold standing as hardship. The hardship shall not be self-created. DRAFTAGENDA ITEM #2 ± Legend Subject Area Autauga Tax Parcels 0 10050 Feet Locations are approximate Aerial Map - 1809 Tara Drive DRAFTAGENDA ITEM #2 TARA DR SHEILA BLVDAUTUMN RDSWEET RIDGE RDSEASONS DR SUMMERLN WINTERP L DANIEL PRATTHARVEST LPAUTUMN CT EAUTUMN CT WSEASONS CTTARA DRSHEILA BLVDAUTUMN RDSWEET RIDGE RDSEASONS DR SUMMER LN WINTER PL DANIEL PRATT HARVEST LP AUTUMN CT E± Legend Subject Area Streets Autauga Tax Parcels 0 500250 Feet Locations are approximate Location Map - 1809 Tara Drive DRAFTAGENDA ITEM #2 TARA DR AUTUMN RDTARA DR AUTUMN RDR-2 ± Legend Subject Area Streets Autauga Tax Parcels R-2 0 10050 Feet Locations are approximate Zoning Map - 1809 Tara Drive DRAFTAGENDA ITEM #2 DRAFTAGENDA ITEM #2 DRAFTAGENDA ITEM #2 CITY OF PRATTVILLE Board of Zoning Adjustments Planning Department Staff Report SUMMARY FACTS # Variance 200609-03: PETITIONER: Gina Grier PROPERTY OWNER: Same SUBJECT SITE: 480/490 Upper Kingston Road REQUEST: Construction of a single family residence CURRENT ZONING: M-1 (Light Industrial) LOCATION: 480/490 Upper Kingston Road FUTURE LAND-USE MAP: Low-Density Residential SURROUNDING LAND North: Single-Family Residential (R-2) USES AND ZONING: South: Light Industrial (M-1) East: Light Industrial (M-1) West: Light Industrial (M-1) DEVELOPEMNT STATUS & HISTORY: Previous Variance Requests/Approval: No Previous Approvals Conditions of Previous Approval: N/A DESCRIPTION OF VARIANCE REQUEST: 1. Construct a single-family resident in an M-1 zoned district. ZONING ORDINANCE REFERENCED: The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section described below: Section 73. - Industrial business requirements. DRAFTAGENDA ITEM #3 Use Regulation M-1 (Light Industry) USES PERMITTED ON APPEAL: Any manufacturing or business use not specifically prohibited herein, including metal fabrications. Any use permitted or permitted on appeal in an R-3 Residential District, and subject to all district requirements of said district as specified in Section 71 hereof. STAFF ANALYSIS: The applicants request is for a proposed single family dwelling in an M-1 zoned district. The fabric of the neighborhood is residential throughout, even though the district is zoned M-1. To the north, east, west, and south are single-family dwellings. Located directly north of 480/490 Upper Kingston the zoning is R- 2. PLANNING STAFF EVALUATION: Reviewed by: Tommie Williams, Planner Recommendation: The board shall determine if the petitioner is disrupting the character of the neighborhood and since the surrounding area is predominately residential the Planning Department recommends approval. DRAFTAGENDA ITEM #3 EASY ST U P P E R K I N G S T O N R D E A S Y C TEASY ST U P P E R K I NG S TO N R D ± Legend Subject Area Address Points Streets Autauga Tax Parcels 0 10050 Feet Locations are approximate Aerial Map - 490 Upper Kingston Road DRAFTAGENDA ITEM #3 7TH ST N COURT ST8TH ST 9TH ST EASY ST U P P E R K I N G S T O N R D NEWBY ST WALNUT ST E A S Y CTFAULK QTRS7TH STN COURT ST8TH ST 9TH STEASY ST U P P E R K I NG S TO N R D NEWBY ST WALNUT ST EA S Y C T ± Legend Subject Area Address Points Streets Autauga Tax Parcels 0 1,000500 Feet Locations are approximate Location Map - 490 Upper Kingston Road DRAFTAGENDA ITEM #3 EASY ST EASY CTU P P E R K I NG S TO N R D EASY ST U P P E R K I N G S T O N RD EAS Y C T M-1 R-2 R-3 R-3 ± Legend Subject Area Address Points Streets Autauga Tax Parcels R-2 R-3 M-1 0 15075 Feet Locations are approximate Zoning Map - 490 Upper Kingston Road DRAFTAGENDA ITEM #3 DRAFTAGENDA ITEM #4 DRAFTAGENDA ITEM #4 DRAFTAGENDA ITEM #4 DRAFTAGENDA ITEM #4 DRAFTAGENDA ITEM #4 DRAFTAGENDA ITEM #4 DRAFTAGENDA ITEM #4 DRAFTAGENDA ITEM #4 1 0 2 W e s t M a i n S t r e e t \ P r a t t v i l l e , A L 3 6 0 6 7 \ 334. 5 9 5 . 0 5 0 0 \ p r a t t v i l l e a l . g o v BILL GILLESPIE, JR. MAYOR J.SCOTT STEPHENS, AICP DIRECTOR MEMORANDUM TO: Board of Zoning Adjustment FROM: J.Scott Stephens, Planning Director DATE: June 4, 2020 RE: BZA Rules and Bylaws The current “General Governing Rules and Operating Procedures” of the BZA were adopted April 1, 1975 (attached). These rules reference a previous state code, and they are over 45 years old, so it is my recommendation that the BZA consider adopting a new set of rules. Please see the attached draft resolution of recommended rules and bylaws. If you have any questions or recommended changes, please let me know. These are proposed to be on the June 18, 2020, BZA agenda for consideration. DRAFTAGENDA ITEM #5 RESOLUTION 1 Prattville Board of Zoning Adjustment 2 Adoption of Rules for Transaction of Business 3 [DATE] 4 5 Whereas, Section 11-52-80 of the Code of Alabama, 1975, requires boards of zoning adjustment 6 to adopt rules; and 7 Whereas, the Prattville Board of Zoning Adjustment desires to adopt new rules and bylaws. 8 Now, Therefore, Be It Resolved, that the Prattville Board of Zoning Adjustment adopts the 9 following: 10 11 Prattville Board of Zoning Adjustment 12 Rules and Bylaws 13 1. Powers, Duties, and Composition 14 The powers, duties, and composition of the Prattville Board of Zoning Adjustment 15 (hereafter referred to as “the Board”) shall be as specified in Title 11, Chapter 52 of the 16 Code of Alabama 1975, as amended, and those powers and duties delegated to the Board 17 by the City Council of the City of Prattville, Alabama. 18 2. Officers and Their Duties 19 a. The officers of the Board shall consist of a Chairman, a Vice-Chairman, and a 20 Secretary. 21 b. The Board shall elect its Chairman and Vice-Chairman from among the regular 22 members. The term of offices of the Chairman and Vice-Chairman shall be one 23 year or until a new officer is duly elected, with eligibility for reelection. Officer 24 elections shall be held during the first meeting of each year, and the new officers 25 will begin their office at the next scheduled meeting after their election 26 c. In the event the Chairman resigns or is no longer able to continue the office for 27 any reason, then the Vice-Chairman shall fill the unexpired term of the office of 28 Chairman and the Board shall elect a new Vice-Chairman for the remainder of the 29 unexpired term of Vice-Chairman. 30 d. The Chairman shall preside at all meetings and hearings of the Board and shall 31 decide all points of order or procedure and perform any duties required by law, 32 ordinance, these rules, or the Board. The Chairman shall have the authority to 33 appoint and charge any committees as necessary. The Chairman may administer 34 oaths and compel the attendance of witnesses, and shall call upon the 35 supernumerary members as needed. The Vice-Chairman shall preside in the 36 absence of the Chairman. In the event that neither the Chairman nor Vice-37 Chairman is present or is unable to act, an Acting Chairman shall be chosen from 38 among the members present for that meeting. 39 e. The Secretary of the Board shall be the Director of the Planning and Development 40 Department, or a staff member as designated by the director. The Secretary shall 41 keep the minutes and records of the Board, prepare the agenda of meetings with 42 the Chairman, provide and arrange notice of meetings, attend to correspondence 43 of the Commission, and to other duties as are normally carried out by a Secretary. 44 3. Meetings 45 a. Meetings of the Board shall be held at the call of the Chairman and at such other 46 times as the board may determine. Regular meeting dates and times shall be on 47 the second Tuesday of the month at 4:00pm, at Prattville City Hall in the council 48 chambers. Additional meetings may be scheduled by the Chairman as needed. If 49 meetings need to be rescheduled for holidays or other events, the new date and 50 time shall be duly posted. 51 b. Not fewer than four members shall be a quorum for the conduct of official 52 business. 53 c. The Board shall follow the rules contained in the current edition of Robert’s Rules 54 of Order in cases they are applicable and not inconsistent with these rules, or 55 other applicable rules, regulations, or laws. 56 d. The order of business at regular meetings should generally follow the order stated 57 below, but may be changed at the discretion of the Chairman: 58 i. Call to order 59 ii. Roll call and establishment of a quorum 60 iii. Approval of minutes of previous meeting(s) 61 iv. Committee reports 62 v. Old business 63 vi. New business, including any public hearing required with each agenda 64 item. 65 vii. Other and miscellaneous business 66 viii. Adjournment 67 68 e. Presentation of items should generally follow the order stated below, but may be 69 changed at the discretion of the Chairman: 70 71 i. The Chairman calls for the next agenda item 72 ii. The Planning Director or designee provides a summary of the request 73 iii. The applicant or petitioner presents his or her request and provides 74 information in support of the application, and answers any questions from 75 the Board 76 iv. The Planning Director or designee provides a staff report and answers any 77 questions from the Commission 78 v. If a public hearing is needed, the Chairman will ask for anyone present 79 who would like to provide input regarding the request 80 vi. The Board members may discuss details and issues raised, and may ask 81 questions of the applicant, city staff, or other parties 82 vii. The Chairman will call for a motion to be read and a second, and the 83 Chairman may ask if further discussion is needed 84 viii. The vote will be called, and the Chairman announces the result 85 86 f. Meeting Decorum 87 i. Speakers shall observe the commonly accepted rules of courtesy, 88 decorum, dignity, and good taste. All comments, questions, or remarks 89 shall be addressed to the Chairman or the Board as a body and not to 90 members of the audience or the petitioner. Interested parties or their 91 representatives may address the Board by written communications, a copy 92 of which shall be provided to the Secretary either before or during the 93 meeting. 94 ii. Those wishing to speak for or against the petition may have no longer than 95 three minutes to speak, provided that the Chairman has the discretion to 96 grant additional time to a speaker who is presenting pertinent material or 97 whose presentation is incomplete after the expiration of time. Speakers 98 may be interrupted by any member of the Board for clarification or 99 additional information, and those interruptions will not count against the 100 speaker’s time. At the discretion of the Chairman, a speaker may address 101 the Commission a second time, but only after all others have been given 102 an opportunity to speak. The Chairman may also grant additional time to 103 an individual representing a homeowners’ association or other large group. 104 iii. The Chairman reserves the right to require an individual wishing to speak 105 on behalf of another person, group, or entity to provide written 106 authorization from the person, group, or entity being represented. 107 108 g. All meetings of the Board shall be open to the public. 109 110 h. Notice of meetings and public hearings shall be performed as specified in Title 111 11, Chapter 52 of the Code of Alabama 1975, as amended, and/or as required by 112 the Alabama Open Meetings Act. The Secretary may employ supplemental 113 notification procedures (yard signs, electronic notification, etc) to ensure that 114 interested parties are aware of pending cases, but the failure of any such 115 supplemental notification procedures shall not invalidate any lawful action or 116 decision of the Board. 117 118 4. Conflicts of Interest and Member Conduct 119 a. In the case a Board member has a direct personal interest, pecuniary interest, or 120 other conflict, the member shall recuse himself or herself from discussion on the 121 case and abstain from voting on the case. 122 b. Board members are advised to not discuss pending cases with members of the 123 public outside of the public meeting, and if attempted ex parte contact persists, the 124 member should disclose such contact at the Board meeting. Any written material 125 received by members shall be given to the Secretary for incorporation into the 126 files. 127 c. Board members shall avoid all improper conduct and the appearance of 128 impropriety including showing bias for or against a petitioner, individual, or 129 group, or criticizing the vote or comments of any member of the Board. 130 131 5. Amending and Review of Rules 132 a. Amendments to these rules shall require the affirmative vote of four members of 133 the Board. 134 b. The Board shall review these rules annually at the same meeting as officer 135 elections. 136 137 Be It Further Resolved, that these rules supersede and replace any previously adopted rules or 138 bylaws. 139 140 141 142 APPROVED: 143 144 145 ___________________________________________ 146 Jerry Crosby, Chairman 147 148 149 ATTEST: 150 151 152 ____________________________________________ 153 Alisa Morgan, Secretary 154 DRAFTAGENDA ITEM #5 DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT