2111 November 9 BZA Pkt (Draft)102 West Main Street \ Prattville, AL 36067 \ 334. 595.0500 \ prattvilleal.gov
BILL GILLESPIE, JR.
MAYOR
J.SCOTT STEPHENS, AICPDIRECTOR
CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A November 9, 2021 4:00pm
Call to Order:
Roll Call: Chairman Charles Knapp, Vice-Chairman Billy Barrett, Jr., Mr. Jerry Crosby, Mr. Greg Duke, and Ms. Sarah Johnson.
Committee Reports:
Old Business: None
New Business: 1.211109-01 VARIANCE:Setback Requirements-Front yard encroachment
260 Wetumpka Street R-2 (Single Family Residential)
Christine & Kevin Cash, Petitioners
Public Hearing District 1
2.211109-02 USE-ON-APPEAL:Home Occupation-Lawn Service
104 Noccalula Court FAR (Forest, Agricultural, Recreational)
Stephen Ellis, Petitioner
Public Hearing District 1
3.211109-03 USE-ON-APPEAL:Special Use-To allow residential use in a B-2 Zoning District
148 1st Street B-2 (General Business)
Nelson Vincent, Petitioner
Public Hearing District 1
Minutes: September 14, 2021
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.
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City of Prattville Board of Zoning Adjustment 1 Minutes 2 September 14, 2021 3 4 5 CALL TO ORDER: 6 The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by 7 Chairman Charles Knapp at 4: 01 p.m. on Tuesday, September 14, 2021. 8 9 ROLL CALL: 10 The secretary called the roll. Members present: Chairman Charles Knapp, Vice Chairman Billy Barrett, 11
Mr. Jerry Crosby, Mr. Greg Duke, and Ms. Sarah Johnson. There were no members absent. 12 13 Quorum Present 14 15 Staff present: Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner; Mr. Tommie 16 Williams, Planner; and Ms. Alisa Morgan, Secretary. 17
18 Chairman Knapp stated the governing rules for the Prattville Board of Zoning Adjustment and the 19 procedure of the meeting. 20 21 COMMITTEE REPORTS: 22 There were no reports to be made. 23 24 OLD BUSINESS: 25 VARIANCE 26
Parking Spaces-Reduce the number of required parking spaces 27 Landscape Requirements-Reduce the landscape requirements 28 North of Fairview Ave and west of Old Farm Lane 29 B-4 (Highway Commercial) 30 Jennifer Santelli, Petitioner 31 32 Mr. Rigsby introduced the variance request for reduction in parking spaces and reduction in the 33 landscape requirements. He stated that the petitioner is seeking to reduce the parking spaces from the 34
required 125 to 77 spaces and relief from the required 30’ frontage landscaping buffer along Old Farm 35 Lane, relief from the required berm along Fairview Avenue, and relief from the required 5’ foundation 36 landscaping along the front of the building. 37
38 Mr. Crosby moved to separate the items for discussion. Mr. Barrett seconded the motion. The motion 39 passed unanimously. 40 41 Parking Stalls Reduction 42 Bridgette Ganter with Jennifer Santelli, petitioner’s representatives, presented the request for the 43 parking space reduction stating that parking spaces required by the city’s standards exceeds the 44 requirement for their lager model store. She stated that the seating capacity for the proposed restaurant 45 is 94. 46 47 Chairman Knapp opened the floor for public comments. There were none. The public hearing was 48
closed. 49 50 Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Mr. 51
Crosby moved to establish the findings of fact stating that 1) granting of a variance will not confer a 52 special privilege on the applicant that is denied by this ordinance to other lands, structures, or 53 buildings in the same district; 2) that granting of a variance is in harmony with the intent and purposes 54
of the zoning ordinance; and 3) that the special conditions and circumstances do not result from 55
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actions of the applicant (self-imposed hardship). Ms. Johnson seconded the motion. The motion to 56 approve the findings of fact passed unanimously. 57 58 After no further discussion, the vote was called. Mr. Barrett moved to approve the request based on 59 the approved findings of fact. Mr. Crosby seconded the motion. The motion to approve passed 60 unanimously. 61 62 Landscape Buffer 63 The Board had questions about storm water control for the site and how it would affect the adjacent 64 properties. Mr. Stephens explained that each site is responsible for containing its storm water and 65 calculating it into the design build. 66
67 Ms. Ganter explained the plan and design for storm water control. She also stated that they will be 68 meeting the overall requirements for planting. 69
70 Chairman Knapp opened the floor for public comments. There were none. The public hearing was 71 closed. 72
73 Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Mr. 74 Duke moved to establish the findings of fact stating that 1) a literal interpretation of the zoning 75 ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same 76 district under the terms of the zoning ordinance; 2) that the special conditions and circumstances do 77 not result from actions of the applicant (self-imposed hardship); 3) that granting of a variance will not 78 confer a special privilege on the applicant that is denied by this ordinance to other lands, structures, or 79 buildings in the same district; and 4) that granting of a variance is in harmony with the intent and 80 purposes of the zoning ordinance. Mr. Barrett seconded the motion. The motion to approve the 81 findings of fact passed unanimously. 82 83 After no further discussion, the vote was called. Mr. Crosby moved to approve the request based on 84 the approved findings of fact. Mr. Duke seconded the motion. The motion to approve passed 85 unanimously. 86
87 NEW BUSINESS: 88 USE-ON-APPEAL 89 Home Occupation-On-site Fitness (Martial Arts) 90 312 Sydney Drive S 91 R-3 (Single Family Residential) 92 Argelio Chappotin III, Petitioner 93 94 Mr. Williams introduced the use-on-appeal request for a home occupation to allow a martial arts 95 fitness business on property located at 312 Sydney Drive S. He stated that the petitioner is proposing 96 business operation from 5:00 a.m. to 9:00 p.m. with six (6) people per day, two (2) people per hour. 97 98 Argelio Chappotin, III, petitioner, presented the use-on-appeal request for a home occupation martial 99 arts business on property located at 312 Sydney Drive. He stated that there will be no more than three 100 (3) classes per day. The classes will teach self-defense and child martial arts to be held inside the 101 garage on matted surface. Noise will be at a minimum. He stated that his property will allow for two 102 additional cars to park in the driveway. 103
104 Chairman Knapp opened the floor for public comments. There were none. The public hearing was 105 closed. 106
107 Chairman Knapp opened discussion for the Board. After their discussion, the vote was called. Mr. 108 Barrett moved to establish the findings of fact stating that 1) the proposed home occupation is an 109
allowable use-on-appeal, and is not a prohibited use in a R-3 district; 2) development of the proposed 110
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use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; and 3) the 111 proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. 112 Crosby seconded the motion. The motion to approve the findings of fact passed unanimously. 113 114 After no further discussion, the vote was called. Mr. Crosby moved to approve the request based on 115 the approved findings of fact. Ms. Johnson seconded the motion. The motion to approve passed 116 unanimously. 117 118 USE-ON-APPEAL 119 Home Occupation-On-site Salon 120 317 Janice Street 121 R-2 (Single Family Residential) 122 Mary Ballard, Petitioner 123 124
Mr. Rigsby introduced the use-on-appeal request for a home salon on property located at 317 Janice 125 Street. He stated that the petitioner was undecided on the desired use at the time application was 126 submitted and has since decided to apply for the salon use. He stated that the main structure is 127
approximately 1621ft2 with an accessory structure located on the rear of approximately 500ft2. The 128 proposed hours of operation are from 8:00 a.m. to 6:00 p.m. Monday through Saturday. 129 130 Mary Ballard, petitioner, presented the use-on-appeal request for a salon use on property located at 317 131 Janice Street. She stated that the clients would be booked by appointment only with a maximum 132 number of 3-5 clients on a busy day. She stated that three cars can fit in the drive way and she would 133 be the only stylist. 134 135 Chairman Knapp opened the floor for public comments. Bobby Cavanis, 310 Janice Street, spoke on 136 concerns about the parking. After no further comments, the public hearing was closed. 137 138 Chairman Knapp opened discussion for the Board. After their discussion, the vote was called. Mr. 139 Barrett moved to establish the findings of fact stating that 1) the proposed home occupation is an 140 allowable use-on-appeal, and is not a prohibited use in a R-2 district; 2) development of the proposed 141
use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; and 3) the 142 proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses; 4) that 143 the parking is controlled by the property owner. Mr. Duke seconded the motion. The motion to 144
approve the findings of fact passed unanimously. 145 146 After no further discussion, the vote was called. Mr. Duke moved to approve the request as submitted 147
based on the approved findings of fact. Mr. Crosby seconded the motion. The motion to approve 148 passed unanimously. 149 150
VARIANCE 151 Setback Requirements-Reduce the rear yard setback requirements 152 422 Pratt Street 153
R-3 (Single Family Residential) 154 Carol Meeks and Stephanie Anderson, Petitioners 155 156 Mr. Williams introduced the variance request to allow a structure to encroach into the 30’ rear yard 157 setback on property located at 422 Pratt Street. He stated that the proposed 1280ft2 structure’s closest 158
point will encroach 23.9 feet into the rear setback. 159 160 Max Vaughn of Goodwyn, Mills & Cawood, petitioner’s representative, presented the request for a 161
structure to encroach into the rear yard setback on property located at 422 Pratt Street. He stated that 162 the 1280ft2 structure is an addition to allow for expanded class room of the current dance studio which 163 has operated at the present location since 1982. 164
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Chairman Knapp opened the floor for public comments. There were none to speak. The public 166 hearing was closed. 167 168 The petitioners Carol Meeks and Stephanie Anderson stated that the addition of the space would allow 169 them to expand their classes and space in hopes to decrease their late hours. 170 171 Chairman Knapp opened discussion for the Board. After their discussion, the vote was called. Ms. 172 Johnson moved to establish the findings of fact stating that 1) special conditions and circumstances do 173 not exist which are peculiar to the land, structure, or building involved and which are not applicable to 174 other lands structures, or buildings in the same zoning district; 2) that the special conditions and 175 circumstances do not result from actions of the applicant (self-imposed hardship); and 3) that granting 176
of a variance is not in harmony with the intent and purposes of the zoning ordinance. Mr. Barrett 177 seconded the motion. The motion to approve the findings of fact passed unanimously. 178 179
After no further discussion, the vote was called. Mr. Crosby moved to approve the request as 180 submitted based on the approved findings of fact. Mr. Duke seconded the motion. The motion to 181 approve passed unanimously. 182
183 MINUTES: 184 Mr. Barrett moved to approve the minutes of the August 10, 2021 regular meeting. Mr. Crosby seconded 185 the motion. The motion to approve passed unanimously. 186 187 MISCELLANEOUS: 188 189 ADJOURN: 190 After no further comments, questions, or discussion the meeting was adjourned at 4:55 p.m. 191 192 Respectfully submitted, 193 194 195 196
197 Alisa Morgan, Secretary 198 Board of Zoning Adjustment 199 DR
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Board of Zoning Adjustment
Staff Report
Variance 211109-01
MEETING DATE: November 09, 2021
PETITIONER: Christine & Kevin Cash
PROPERTY OWNER: Christine & Kevin Cash
SUBJECT SITE: 260 Wetumpka Street
REQUEST: Setback Requirements- Front Yard Encroachment
CURRENT ZONING: R-2 (Single-Family Residential)
LOCATION: 260 Wetumpka Street
SURROUNDING LAND North: Single-Family Residential (R-2)
USES AND ZONING: South: Autauga Co BOE Facility (R-2)
East: Single-Family Residential (R-2)
West: Single-Family Residential (R-2)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: None known
Conditions of Previous Approval: N/A
DESCRIPTION OF VARIANCE REQUEST:
1. A variance has been requested for a proposed building that will encroach into the 35’ front setback by 23’
bordering Wetumpka Street.
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.
MINIMUM SETBACK:
Front Yard: 35 feet
Rear Yard: 40 feet
Side Yard: 10 feet
Article 3. – Board of Zoning Adjustment
Section 36. - Variances.
a. The Board may authorize upon appeal in specific cases such variances from the terms of this ordinance as will not
be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of
this ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and
substantial justice done.
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b. A variance may be granted in such individual cases upon a finding by the Board that an unnecessary hardship
does, in fact, exist. In no case shall the Board grant a variance that permits the land, building or structure to be
occupied by a use prohibited within the zoning district in which the land, building or structure is located.
c. It is the intent of this ordinance that a variance be issued only to mitigate a physical condition of a parcel of land
which poses a practical barrier to its development and use conformance with this ordinance. Variances shall be
limited to the minimum adjustment necessary for the reasonable use of the land.
d. Before any variance is granted, the Board shall make written findings certifying the existence of the following
standards.
1. That special conditions and circumstances exist which are peculiar to the land, structure, or building
involved and which are not applicable to other lands structures, or buildings in the same district.
2. That a literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed
by other properties in the same district under the terms of the ordinance.
3. That special conditions do not result from actions of the applicant (self-imposed hardship);
4. That granting of the variance will not confer any special privilege on the applicant that is denied by this
ordinance to other lands, structures, or buildings in the same district;
5. That granting of the variance is in harmony with the intent and purposes of the ordinance;
6. That the variance will not adversely affect surrounding property, the general neighborhood, or the
community as a whole;
7. That no non-conforming use of neighboring lands, structures, or buildings in the same district, and no
permitted or non-conforming use of lands, structures, or buildings in other districts were considered as a
basis for the issuance of a variance;
8. That the variance will not allow the establishment of a use not permissible under the terms of the
ordinance in the district involved, or any use expressly or by implication prohibited by the terms of the
ordinance in said district;
9. The variance requested is the minimum adjustment necessary to enable the legal use of the land,
building or structure.
ANAYLSIS/EVALUATION:
The applicant is proposing to construct a 1,460 square foot addition to the rear of the primary residence with similar
materials to the existing structure. The applicant is requesting a variance of 23 feet to allow the structure to conform to the
plain of the existing structure along Northington Street. Existing structure is historic, built in 1935, many years prior to
City of Prattville Zoning designation setback requirements. The addition will add living quarters for the owner. Per
Prattville Zoning Ordinance, corner lots have two front yards concerning setbacks, a primary and a secondary. The
existing structure encroaches into this secondary front yard by approximately 25 feet. The addition is proposed to
encroach 23 feet into the secondary front setback, leaving an actual setback of 12 feet from the property line.
PLANNING STAFF EVALUATION:
Reviewed by: Darrell Rigsby, Senior Planner
Applicant’s Hardship: Main house built circa 1936 on corner lot with ~10’ setback on east side.
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Recommendation: The board shall determine if a legitimate hardship is found with the placement of the proposed
addition. 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.
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Location Map - 260 Wetumpka Street
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Aerial Map - 260 Wetumpka Street
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Project Area
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Zoning Map - 260 Wetumpka Street
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Board of Zoning Adjustment
Staff Report
Use On Appeal 211109-02
MEETING DATE: November 09, 2021
PETITIONER: Stephen Ellis
PROPERTY OWNER: Stephen Ellis
SUBJECT SITE: 104 Noccalula Court
REQUEST: To operate a home lawn care business
CURRENT ZONING: FAR – Forest, Agriculture, Recreation
LOCATION: Indian Hills Subdivision
SURROUNDING LAND North: Single-Family Residential (FAR)
USES AND ZONING: South: Single-Family Residential (FAR)
East: Single-Family Residential (FAR)
West: Single-Family Residential (FAR)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF REQUEST:
1. Use on appeal in order to operate a home occupation for lawn care service
ZONING ORDINANCE REFERENCED:
Section 69.1 addresses home occupations and states that home occupations are to be “limited in extent and clearly
incidental and secondary to the use of the property for residential purposes.”
‘Tier 2 Home Occupations’ require use-on-appeal approval from the BZA, and lawn care is listed specifically as a Tier 2
use.
ANAYLSIS/EVALUATION:
Below is the staff assessment of the three general question applicable to uses-on-appeal:
1. Is the proposed use an allowable use-on-appeal, and not a prohibited use in an FAR district?
The requested use is an allowable use-on-appeal. The proposed use is not a prohibited use in an FAR district.
2. Is proposed use in the public interest? Does the proposed development meet the spirit of the City of Prattville
Zoning Ordinance?
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The proposed use will not be contrary to the public interest and will be in the spirit of the zoning ordinance. A
lawn care business is specifically listed as a use permitted on appeal (§69.1) in the Zoning Ordinance.
3. Does the proposed use cause substantial adverse impact to adjacent or nearby properties or uses?
The proposed use should not cause a substantial adverse impact on property or improvements in the vicinity or in
this FAR district, if equipment is properly stored.
The Board shall review the application for compliance with this ordinance and all other applicable codes and ordinances
of the city. The Board shall make written findings determining that the proposed use-on-appeal will not (§35):
1. Be contrary to the public interest and will insure that the spirit of this ordinance is observed;
2. Permit the establishment of a use prohibited in the zoning district; or
3. Cause a substantial adverse impact on property or improvements in the vicinity or in the district in which the
proposed use is located.
The following are suggested questions, additional information, and/or conditions that may be considered:
1. Parking and equipment – where will vehicles and equipment (e.g. trailers) be parked?
Section 69.1(2)(d) states “Any business-related materials or equipment, including trailers, must be
kept inside the home or fully enclosed behind a fence. On lots larger than one acre, materials or
equipment may be located in rear or side yards, at least fifty feet (50') from property line, without being
enclosed.”
a. Subject property is approximately 1.54 acres.
b. Subject property does have a fully enclosed garage
c. Petitioner has approximately 50 customers
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Locations are approximate
Location Map - 104 Noccalula Court
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Aerial Map - 104 Noccalula Court
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Zoning Map - 104 Noccalula Court
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Staff Report
Board of Zoning Adjustment
Use On Appeal 211109-03
MEETING DATE: November 8, 2021
PETITIONER: Nelson Vincent
PROPERTY OWNER: Nelson Vincent
SUBJECT SITE: 148 1st Street
REQUEST: Allow construction of a single-family dwelling
CURRENT ZONING: B-2 (General-Business)
LOCATION: 148 1st Street
SURROUNDING LAND North: B-2 (General-Business)
USES AND ZONING: South: B-2 (General-Business)
East: B-2 (General-Business)
West: B-2 (General-Business)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF REQUEST:
1. Use-on-appeal in order to construct a single-family dwelling in a B-2 district
ZONING ORDINANCE REFERENCED:
Section 72- Business District Requirements
USES PERMITTED ON APPEAL: Any use permitted or permitted on appeal in the R-3 Residential District, and subject
to all district requirements of an R-3 District as specified in Section 71, hereof
ANAYLSIS/EVALUATION:
The applicant is requesting to construct a single-family dwelling located at 148 1st street. Currently the parcel is vacant
and zoned B-2 (General-Business). The applicant will be utilizing article 7 (district requirements) section 72 (business
district requirements) use-on-appeal to construct the dwelling. The use-on-appeal states “Any use permitted or permitted
on appeal in the R-3 Residential District, and subject to all district requirements of an R-3 District as specified in Section
71, hereof”. The setbacks for the residential dwelling will be that of an R-3 district which is front 25ft; rear 30ft; side 8ft;
side 6ft.
The applicant is proposing to construct a mixed-used dwelling (two stories) with the upstairs consisting of a single-family
dwelling and a ground level 2 car garage. The 1st floor will have two options, the first option for the first floor is a living
dwelling consisting of open kitchen, dining and living space with 2 bedroom & 2 ½ baths and an 1 car garage with electric
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vehicle capability. The 2nd option for the 1st floor is a non-food service business suite consisting of 2 offices, 1 conference
room, reception area, 2 half baths, break area, office machine center and a 1 car garage with EV capability.
The applicant at this time cannot have residential and business in the same dwelling (mixed-use). The Planning
Commission is currently considering a rewrite of the zoning ordinance that will allow mixed use but it will have to be
adopted by the Planning Commission and then City Council before it goes into effect.
Below is the staff assessment of the three general question applicable to uses-on-appeal:
1. Is the proposed use an allowable use-on-appeal, and not a prohibited use in a B-2 district?
The requested use is an allowable through use-on-appeal. The proposed use is not a prohibited use in a B-2
district.
2. Is proposed use in the public interest? Does the proposed development meet the spirit of the City of
Prattville Zoning Ordinance?
The proposed use will not be contrary to the public interest and will be in the spirit of the zoning ordinance.
Construction of a residential dwelling is specifically listed as a use permitted on appeal (§72) in the Zoning
Ordinance.
3. Does the proposed use cause substantial adverse impact to adjacent or nearby properties or uses?
The proposed use should not cause a substantial adverse impact on property or improvements in the vicinity or in
this B-2 district. The construction of a dwelling will match the fabric of the neighborhood since there are
residential homes and apartments located on 1st street.
The Board shall review the application for compliance with this ordinance and all other applicable codes and ordinances
of the city. The Board shall make written findings determining that the proposed use-on-appeal will not (§35):
1. Be contrary to the public interest and will insure that the spirit of this ordinance is observed;
2. Permit the establishment of a use prohibited in the zoning district; or
3. Cause a substantial adverse impact on property or improvements in the vicinity or in the district in which the
proposed use is located.
Planning Department Recommendation: Approve with conditions that the applicant is aware that he may not be
able to utilize his ground floor level as a mixed used until/If the new zoning ordinance is adopted.
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S
T
E MAIN ST
P
L
E
T
C
H
E
R
S
T
DOSTER ST
SE
L
M
A
H
W
Y
S W
A
S
H
I
N
G
T
O
N
S
T
S C
H
E
S
T
N
U
T
S
T
CO
L
L
E
G
E
S
T
±Legend
Project Area
Autauga Tax Parcels0500250
Feet
Locations are approximate
Location Map - 148 1st Street
DR
A
F
T
168
404
108
110
112
114
116
118
120
122
124
126
128
154
402
412
408
106
150
148136
1ST ST
OA
K
C
R
E
E
K
C
I
R
±Legend
Project Area
Autauga Tax Parcels015075
Feet
Locations are approximate
Aerial Map - 148 1st Street
DR
A
F
T
1ST ST
MAP
L
E
S
T
E MAIN ST
P
L
E
T
C
H
E
R
S
T
DOSTER ST
SE
L
M
A
H
W
Y
S W
A
S
H
I
N
G
T
O
N
S
T
S C
H
E
S
T
N
U
T
S
T
CO
L
L
E
G
E
S
T
B-2
R-2
R-2
R-3
R-6
O-1
B-2
±Legend
Project Area
Autauga Tax Parcels0500250
Feet
Locations are approximate
Zoning Map - 148 1st Street
DR
A
F
T
DR
A
F
T
DR
A
F
T
DR
A
F
T
DR
A
F
T
DR
A
F
T
DR
A
F
T
DR
A
F
T
DR
A
F
T
DR
A
F
T