2201-Jan 11 BZA Pkt (Draft)
102 West Main Street \ Prattville, AL 36067 \ 334. 595.0500 \ prattvilleal.gov
BILL GILLESPIE, JR.
MAYOR
J. SCOTT STEPHENS, AICP DIRECTOR
CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A January 11, 2022 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. 220111-01 USE-ON-APPEAL: To allow a sign in the public R.O.W.
266 W. 5th Street Prattville Community Church, Petitioner
Public Hearing District 1
2. 220111-02 VARIANCE: To reduce the required number of parking spaces 220111-03 To reduce the required minimum roof pitch on buildings
220111-04 To reduce the required shrub height 220111-05 To reduce the required spacing between buildings Heather Drive (between McQueen Smith Rd and Dee Drive) TBG Construction, Inc., Petitioner
Public Hearing
District 5
Minutes: December 14, 2021
Miscellaneous:
Bylaws Review: Election of Officers: 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
Prattville Board of Zoning Adjustment December 14, 2021 Minutes Page 1 of 2
City of Prattville Board of Zoning Adjustment 1 Minutes 2 December 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 Chairman 7 Charles Knapp at 3:59 p.m. on Tuesday, December 14, 2021. 8 9 ROLL CALL: 10 The secretary called the roll. Members present were Chairman Charles Knapp, Vice Chairman Billy 11
Barrett, Mr. Greg Duke, and Ms. Sarah Johnson. Also present was supernumerary member Mr. Neal Parker. 12 Mr. Crosby was absent. 13 14
Quorum Present 15 16 Staff present were Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner; Mr. Tommie 17
Williams, Planner; and Ms. Alisa Morgan, Secretary. 18 19 Chairman Knapp stated the governing rules for the Prattville Board of Zoning Adjustment and the procedure 20 of the meeting. 21 22 COMMITTEE REPORTS: 23 There were no reports to be made. 24 25 OLD BUSINESS: 26 There was no old business to discuss. 27 28 NEW BUSINESS: 29 VARIANCE 30 To allow residential use in a B-2 Zoning District 31 148 1st Street 32 B-2 (General Business) 33 Nelson Vincent, Petitioner 34 35 Mr. Williams introduced the variance request to allow residential use in a B-2 Zoning District for 36 property located at 148 1st Street. He stated that the applicant is requesting to construct a residential 37 structure (duplex) in a B-2 (General-Business) district. Suite A (1st floor) will be 1575 ft2 and Suite B 38 (2nd floor) will be 2290 ft2 for a combined total of 3865 ft2 home. He stated that Suite A shall be a 2 39
bedroom 2 ½ bathroom apartment while Suite B will be a 3 bedroom 2 ½ bathrooms. The dwelling 40
will have separate access for both dwelling units. 41 42 Nelson Vincent, petitioner, presented his request for a duplex unit in a B-2 Zoning District at 148 1st 43 Street. He stated that the dwelling will be used for residential with the potential of business/office use. 44 45
Chairman Knapp opened the floor for public comments. There were none. The public hearing was 46 closed. 47 48
Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Mr. 49 Parker moved to establish the findings of fact stating that 1) granting of a variance is in harmony with the 50 intent and purposes of the zoning ordinance; 6) that a variance will not adversely affect the surrounding 51
property, the general neighborhood, or the community as a whole; and 3) the development of the 52 proposed use is in the public interest. Ms. Johnson seconded the motion. The motion to approve the 53 findings of fact passed unanimously. 54 55
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Prattville Board of Zoning Adjustment December 14, 2021 Minutes Page 2 of 2
After no further discussion, the vote was called. Mr. Parker moved to approve the request based on the 56 approved findings of fact contingent that the R-3 setback requirements are applied. Mr. Barrett seconded 57 the motion. The motion to approve passed unanimously. 58 59 MINUTES: 60 Mr. Duke moved to approve the minutes of the November 9, 2021 regular meeting. Mr. Barrett seconded 61 the motion. The motion to approve passed unanimously. 62 63 MISCELLANEOUS: 64 65 ADJOURN: 66 After no further comments, questions, or discussion the meeting was adjourned at 4:24 p.m. 67 68 Respectfully submitted, 69
70 71 72
73 Alisa Morgan, Secretary 74 Board of Zoning Adjustment 75
Page 1 of 3
Board of Zoning Adjustment
Staff Report
Use On Appeal 220111-01
MEETING DATE: January 11, 2022
PETITIONER: Ricky Smith
PROPERTY OWNER: Prattville Community Church
SUBJECT SITE: 266 West 5th Street
REQUEST: Replace an old sign with a new LED sign located in the city’s Right of Way
CURRENT ZONING: R-3 Residential
LOCATION: 266 West 5th Street
SURROUNDING LAND North: Single-Family Residential (R-3) & Mobile Home Park (T-2)
USES AND ZONING: South: Single-Family Residential (R-3)
East: Single-Family Residential (R-3)
West: Mobile Home Park (T-2)
DEVELOPMENT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF REQUEST:
1. Use on appeal to locate a LED sign in the city’s Right of Way
ZONING ORDINANCE REFERENCED:
Article 12- SIGNS
Section 132- General Sign Regulations
(a)No sign shall be constructed or placed in or over a public right-of-way that in any way interferes with normal or
emergency use of that public right-of-way; any sign proposed to be placed in a public right-of-way shall be
considered a use on appeal and require that the Board of Adjustment find that the proposed location is in the
public interest after advertisement and a public hearing as provided by state law. The Board of Adjustment shall
require the written opinions of the Chief of Police, the City Engineer, the Fire Chief, and the Administrator prior
to making their [its] determination. The foregoing provision shall not apply to public event signs authorized by
other procedures contained in this article.
(b)No sign shall be attached to utility poles, meter posts, or trees on any street right-of-way within the city.
(c)No person shall put up any sign or notice upon any building, wall, fence, or other property not in their ownership
without having first obtained the consent of the owner of such property.
(d)No sign shall be mounted on the roof of any building or painted thereon.
Page 2 of 3
(e)No attached sign, projecting sign, suspended sign, or temporary sign shall project above roofline of the structure upon
which it is mounted except that on structures possessing a parapet raised above the roofline, a sign may extend to the top
of the parapet.
(f)One (1) freestanding sign shall be allowed for each public street directly bordering any parcel or lot. One (1) additional
sign per street is allowed for each five hundred (500) feet of frontage, on that street, in continuous common ownership.
Signs allowed by this section may be placed to property corners.
(g)No sign shall be erected or constructed at any location, whereby the position, size, shape, color, movement, or
illumination would obstruct the view of traffic or cause the sign to be confused with any governmental traffic signal,
safety barricade or emergency vehicle.
(h)Illuminated signs must conform in all respects to the electrical fire codes of the City of Prattville. In no case shall an
electrical cord be permitted to lie upon the ground. Any other provision of this article notwithstanding, the Electrical
Inspector, Fire Marshal, or Administrator may order the repair or removal of any sign which does not conform to these
codes.
(i)Any light mounted on, mounted within, or directed toward any sign shall be so placed or screened that no direct
illumination is cast upon any surrounding property or on or toward any public right-of-way. Signs shall not have any
continuously flashing or blinking light unless such signs are setback at least fifty (50) feet from the edge of pavement or
curb of any public street.
(j)On any lot or parcel where the principal building or structure is set back less than the required sign setback, the
Administrator, after consultation with the Police Chief, Fire Chief, and City Engineer, may authorize a lesser setback if
he/she determines that a public hazard will not be created.
(k)Construction signs shall be removed within ten (10) days after the completion of work.
(l)Real estate signs must be removed within ten (10) days of the closing of any sale.
ANALYSIS/EVALUATION:
Below is the staff assessment of the three general questions applicable to uses-on-appeal:
1. Is the proposed use an allowable use-on-appeal and not a prohibited use in an R-3 district?
The requested use is an allowable use-on-appeal stated in Article 12 (Signs); Section 132 (General Requirements);
letter A. The proposed use is not a prohibited use in an R-3 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. It
clearly states in Article 12 (Signs); Section 132 (General Requirements); letter A; that signs located in the ROW
shall have BZA approval and require written opinions of the Chief of Police, the City Engineer, and the Fire
Chief. The Fire Chief has opted to go with the City Engineer’s opinion since he does not approval the right of
way.
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 the property. The church currently has a sign
located in the exact same location that measures 8’x 4’ and about 9’ tall. The new sign will be 4’6” x 7 and 7.5
tall. The new sign will be smaller in area and height.
Page 3 of 3
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 ensure 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:
Please consider the expert’s opinions of the location of the proposed LED sign which will be located in the city’s
ROW. It stated in Article 12 (Signs); Section 132 (General Requirements); letter A; that signs shall have written
opinions from the Chief of Police, the City Engineer, the Fire Chief, and the Administrator prior to making their
[its] determination.
102 West Main Street \ Prattville, AL 36067 \ 334. 595.05 00 \ prattvilleal.gov
BILL GILLESPIE, JR.
MAYOR
J. SCOTT STEPHENS, AICP DIRECTOR
MEMORANDUM
TO: Tommie Williams
FROM: Scott Stephens
DATE: January 4, 2022
RE: Sign at 266 W 5th Street
If the petitioner is replacing the existing sign with a smaller sign in the same location, I have no
objection to the encroachment in the right-of-way.
228
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Aerial Map - 266 West 5th Street
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Location Map - 266 West 5th Street
252 162
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Zoning Map - 266 West 5th Street
Page 1 of 6
Board of Zoning Adjustment
Staff Report
Variance 220111-02
MEETING DATE: January 11, 2022
PETITIONER: TBG Construction, Inc.
PROPERTY OWNER: Sterling Heights, L.P.
SUBJECT SITE: Sterling Heights Apartments - Heather Drive
REQUEST: Variance – To reduce the number of parking stalls required by Ordinance
CURRENT ZONING: B-2 General Business / R-3 Single Family Res. / R-4 Multi-Family Res.
LOCATION: North side of Heather Drive, between McQueen Smith Road and Dee Dr.
SURROUNDING LAND North: Commercial (B-2)
USES AND ZONING: South: Undeveloped / Single Family Residential (R-5)
East: Commercial (B-2)
West: Multi-Family Residential (R-4)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: BZA 171212-03 Use-on-Appeal to construct multi-family in R-3 zone
Conditions of Previous Approval: Applicant was approved to construct multi-family complex in an R-3 single-
family zoning district.
DESCRIPTION OF REQUEST:
1. Variance Request to:
a. Reduce the number of parking stalls from 118 required by Ordinance to 97 parking stalls, a
variance of 21 parking stalls
(Prattville Zoning Ordinance Article 6, Section 67, D. 5.)
Page 2 of 6
ZONING ORDINANCE REFERENCED:
Art. 6 – General Provisions
Section 67 – Multifamily Development
D. – Site Development Standards
5. Parking and Driveways
a) Off-street parking must be provided in the following amounts:
i. 1.5 spaces per one-bedroom unit
ii. 1 space per bedroom for each unit of two or more bedrooms
iii. One visitor parking space per four units
iv. For age-restricted senior units, 1.25 spaces per one-bedroom unit and 2
spaces per unit of two or more bedrooms
b) Minimum parking stall size shall be 9.5’x20’. The travel aisle or lane between rows
of 90 degree stalls shall be a minimum of 24’. Single lanes or angled stalls with one-
way aisles may be reduced a commensurate amount that will still provide adequate
travel and maneuvering area.
Page 3 of 6
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.
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.
Page 4 of 6
STATEMENT OF HARDSHIP FROM APPLICANT:
Parking Variance
“We are requesting the following lesser requirements for parking spaces because:
1. As per the attached drawing we have tight space constraints to be able to meet the new required space
requirements between walks and buildings, wider 9.5’ required parking stalls and required green space.
2. Our past experience with these type of senior projects and the requirements of AHRA have shown that senior
facilities of this type typically only have one resident living in the two bedrooms apartments also and therefore
require only 1.5 spaces per unit for all one and two bedroom units. They also do not require the additional units
for visitors that the ordinance is requiring.
Therefore we are asking to provide parking per the attached drawing showing the following calculations:
55 total units x 1.5 spaces/unit = 82.5 83 provided
Visitor spaces – 55 total units / 4 = 13.75 14 provided
______________
97 total spaces provided
ANAYLSIS / EVALUATION:
A multifamily residential facility for senior citizens is being proposed on an undeveloped 5.35 acre lot on the north side of
Heather Drive between McQueen Smith Road and Dee Drive. The proposed apartment complex will be located in a split
zoned (R-4 Multifamily Residential, R-3 Single Family Residential, B-2 General Business) district that permits this use.
This board granted a use-on-appeal in December 2017 to allow multifamily in an R-3 Single Family zoning district. R-4
Multifamily and B-2 General Business zoning districts allow multifamily developments by right.
Within the applicant’s submittal, the proposed apartment complex will have 55 total units, 49 of which are proposed two
(2) bedroom units and 6 one (1) bedroom units, for a total of 104 bedrooms. Based on this configuration 106 parking stalls
are required for tenants plus 12 parking spaces for visitors, for a total of 118 parking spaces required as referenced in
Article 6, Section 67, D. 5. a. iv. Parking and Driveways requirements for age restricted senior units in multifamily
developments. The applicant is seeking relief from this parking requirement by a reduction of 21 parking stalls with an
overall proposal of 97 stalls.
Two Bedroom Units (49) 49 x 2 = 98 parking space
One Bedroom Units (6) 6 x 1.25 = 8 parking spaces
Visitor Spaces (55 Total Units) 55 / 4 = 12 visitor parking spaces
Total Required by Ordinance 118 parking spaces
The City of Prattville Planning Commission recommended and the City Council passed a new Ordinance for
multifamily developments on August 17th, 2021 after extensive discussion and public hearings. The new ordinance
went into effect immediately after its adoption. This project was reviewed based on the ordinance adopted in
August 2021.
This request violates Article 6, Section 67, D. 5. Parking and Driveways of the City of Prattville Zoning Ordinance
and requires a variance in order for a permit to be issued.
Page 5 of 6
Heather Drive – Sterling Heights Apartments - Existing
Page 6 of 6
Heather Drive – Sterling Heights Apartments Site Plan – Proposed Structure and Parking
COBBS FORD RD
T A R A D R
DEE DR
MCQUEEN SMITH RD S
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Location Map - Heather Drive - Sterling Heights
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Elmore_Parcels_Nov_2021
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Elmore_Parcels_Nov_2021
Autauga_Parcels_2021_Nov
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Zoning Map - Heather Drive - Sterling Heights
±0 1,500750
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Elmore_Parcels_Nov_2021
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This document, together with the
concepts and designs presented
herein, as an instrument of services,
is intended only for the specific
purpose and client for which it was
prepared. Reuse of and improper
reliance on this document without
written authorization by Moore Civil
Consulting, Inc. shall be without
liability to Moore Civil Consulting,
Inc. Copyright Moore Civil
Consulting, Inc. 2019
SHEET TITLE:
SHEET NUMBER:
STERLING HEIGHTS
APARTMENTS
3825 PACES WALK SE,
SUITE 100
ATLANTA, GA 30339
OWNER INFORMATION:
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REVISIONS:
01/19/21 1ST LDP SUBMITTAL
24 HOUR CONTACT:
MIKE BRANDT
770-265-6794
CLIENT:
MOORE CIVIL CONSULTING, INC.
40 HAMILTON WAY
HAWKINSVILLE, GA 31036
706-224-1629
NOT RELEASED FOR CONSTRUCTION
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STERLING HEIGHTS
APARTMENTS
3825 PACES WALK SE,
SUITE 100
ATLANTA, GA 30339
REVISED LAYOUT03/22/21
LDP SUBMITTAL04/08/21
BUILDING 100 FP REV07/30/21
SIDEWALK REV08/11/21
PARKING REV12/10/21
SITE PLAN
C.200
DO NOT DUPLICATE DRAWINGS
WITHOUT PERMISSION
THE UTILITIES SHOWN ARE SHOWN FOR THE CONTRACTOR'S
CONVENIENCE ONLY. THERE MAY BE OTHER UTILITIES NOT
SHOWN ON THESE PLANS. THE SITE DESIGN PROFESSIONAL
ASSUMES NO RESPONSIBILITY FOR THE LOCATIONS SHOWN
AND IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO
VERIFY THE LOCATIONS OF UTILITIES WITHIN THE LIMITS OF
THE WORK. DAMAGE TO EXISTING UTILITIES BY THE
CONTRACTOR, FROM HIS/ HER OPERATIONS SHALL BE THE
SOLE RESPONSIBILITY OF THE CONTRACTOR.
CONTRACTOR SHALL BE RESPONSIBLE FOR COMPACTION OF
BACKFILL OF ALL UTILITY TRENCHES WITHIN SITE WORK
LIMITS. THIS INCLUDES TRENCHES DUG AND BACKFILLED BY
LOCAL UTILITIES, SUCH AS POWER, GAS, TELEPHONE, ETC.
CONTRACTOR SHALL PROVIDE ADDITIONAL BACKFILL AND
COMPACTION AS NECESSARY, IF SETTLEMENT OCCURS.
CAUTION
CONTRACTOR SHALL BE RESPONSIBLE FOR SECURING THE
SERVICES OF A PRIVATE UTILITY LOCATOR FIRM DURING THE
ENTIRE COURSE OF CONSTRUCTION. CONTRACTOR SHALL
PAY FOR SAID SERVICES. CONTRACTOR SHALL REPAIR ALL
UTILITIES DAMAGED BY CONSTRUCTION ACTIVITIES, AT NO
ADDITIONAL COST TO THE OWNER/DEVELOPER.
030 15 30 60 120
PARKING CALCULATIONS
USE:
APARTMENTS AND OTHER MULTIPLE-FAMILY USES
CURRENT ZONING: RM
PARKING REQUIRED:
1.5 SPACES PER UNIT
55 UNITS X 1.5 SPACES = 82.5 ~ 83 SPACES REQUIRED
14 GUEST SPACES REQURIED
TOTAL REQUIRED SPACES: 97 SPACES
PROPOSED NUMBER OF SPACES: 97 SPACES
ADA SPACES REQUIRED: 5 SPACES
ADA SPACES PROVIDED: 6 SPACES
HATCHING LEGEND:
SITE DATA
TOTAL SITE AREA: 5.35 ACRES
REQUIRED OPEN SPACE AREA 20%: 1.07ac
PROVIDED OPEN SPACE AREA: 1.95 ac
REQUIRED OPEN SPACE TO BE IMPROVED 50: 0.54ac
PROVIDED OPEN SPACE IMPROVED: 0.56 ac
Page 1 of 10
Board of Zoning Adjustment
Staff Report
Variance 220111-03
MEETING DATE: January 11, 2022
PETITIONER: TBG Construction, Inc.
PROPERTY OWNER: Sterling Heights, L.P.
SUBJECT SITE: Sterling Heights Apartments - Heather Drive
REQUEST: Variance – To reduce the roof pitch required by Ordinance
CURRENT ZONING: B-2 General Business / R-3 Single Family Res. / R-4 Multi-Family Res.
LOCATION: North side of Heather Drive, between McQueen Smith Road and Dee Dr.
SURROUNDING LAND North: Commercial (B-2)
USES AND ZONING: South: Undeveloped / Single Family Residential (R-5)
East: Commercial (B-2)
West: Multi-Family Residential (R-4)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: BZA 171212-03 Use-on-Appeal to construct multi-family in R-3 zone
Conditions of Previous Approval: Applicant was approved to construct multi-family complex in an R-3 single-
family zoning district.
DESCRIPTION OF REQUEST:
1. Variance Request to:
a. Reduce the side pitch of roofs from 5:12 (required by ordinance) to 4:12
(Prattville Zoning Ordinance Article 6, Section 67, H. 5.)
Page 2 of 10
ZONING ORDINANCE REFERENCED:
Art. 6 – General Provisions
Section 67 – Multifamily Development
D. – Architectural Standards
5. Roof Design
a) Multifamily buildings must have a minimum 5:12 roof pitch. Alternative roof
designs will be considered provided design elements are included to help the
building and its roofline fit into the site’s context.
b) Pitched-roof buildings must incorporate variations in the roofline. The maximum
length of any continuous roofline is 40ft. the use, alone, of dormers and/or gables is
not sufficient to comply with this requirement.
c) Eaves must extend beyond the supporting wall at least 16 inches.
Page 3 of 10
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.
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.
Page 4 of 10
STATEMENT OF HARDSHIP FROM APPLICANT:
Roof Pitch Variance
“We have been able to address continuous roof lines which exceeded 40 feet in length and those revisions are included in
the attached revised building elevations.
We originally submitted drawings that showed a minimum 5:12 side roof pitch and all front gables with a 6:12 roof pitch
to meet the new ordinance requirements but we would like to revise the side pitch to 4:12 to be able to accentuate the
other architectural features on the front of the building and not draw so much attention to looking at a greater amount of
roof area.
We have provided drawings of all elevations for review that compare both the required minimum 5:12 roof pitches and
the desired 4:12 side roof pitches to illustrate this difference. We have also attached photos of an identical project where
the 4:12 side pitch and 6:12 front gable pitch were used which we think enhances the entire building by showing less
visible roof areas.
Because of the overall width of a garden style apartment of this type it becomes very difficult to downplay seeing a huge
amount of roof area unless the roof pitch is lowered.
As referenced in the ordinance item a. above we request that this alternate roof pitch be considered to enhance the look of
our buildings. We believe that all of the other front 6:12 gables and other building features shown in these photographs
are accentuated if this lower pitch is accepted.”
ANAYLSIS / EVALUATION:
A multifamily residential facility for senior citizens is being proposed on an undeveloped 5.35 acre lot on the north side of
Heather Drive between McQueen Smith Road and Dee Drive. The proposed apartment complex will be located in a split
zoned (R-4 Multifamily Residential, R-3 Single Family Residential, B-2 General Business) district that permits this use.
This board granted a use-on-appeal in December 2017 to allow multifamily in an R-3 Single Family zoning district. R-4
Multifamily and B-2 General Business zoning districts allow multifamily developments by right.
Within the applicant’s original submittal for staff review, the proposed apartment complex met the roof pitch requirements
of Article 6, Section 67, H. 5. Roof Design (5:12 minimum), however, after reconsideration they have redrawn portions of
the development and are proposing varied roof pitches on different sections of the buildings. The applicant is currently
proposing a side roof pitch (primary portion of the roof) of 4:12, which is shallower than the minimum 5:12
required by ordinance. All front gables will have a roof pitch of 6:12, meeting the requirements of the ordinance.
The City of Prattville Planning Commission recommended and the City Council passed a new Ordinance for
multifamily developments on August 17th, 2021 after extensive discussion and public hearings. The new ordinance
went into effect immediately after its adoption. This project was reviewed based on the ordinance adopted in
August 2021.
This request violates Article 6, Section 67, H. 5. Roof Design of the City of Prattville Zoning Ordinance and
requires a variance in order for a permit to be issued.
Page 5 of 10
Heather Drive – Sterling Heights Apartments - Existing
Page 6 of 10
Heather Drive – Sterling Heights Apartments Site Plan – Proposed Structure and Parking
Page 7 of 10
Heather Drive – Sterling Heights Apartments – Examples of 4:12 Roof Pitch (Applicant Provided)
(Applicant Provided Pictures)
Page 8 of 10
(Applicant Provided Pictures)
Page 9 of 10
(Applicant Provided Pictures)
Page 10 of 10
(Applicant Provided Pictures)
HEATHER DR
DEE DR
ROCHESTER WY
Aerial Map - Heather Drive - Sterling Heights
±0 500250
Feet
Locations are approximate
Legend
Project Area
Elmore_Parcels_Nov_2021
Autauga_Parcels_2021_Nov
Elmore_Parcels_Nov_2021
Prattville City Limit
Streets
COBBS FORD RD
T A R A D R
DEE DR
MCQUEEN SMITH RD S
E MAIN ST
SUMMER LN
SEASONS DR
SANFORD DR
HEATHER DR
COMMERCE CT
WINTER PL
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COBBS FORD LN
SHANNON CT
DELLWOOD CT
KORNEGAY DR
MELVINA PL
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SUM M ER CT
JAMESON CT
Location Map - Heather Drive - Sterling Heights
±0 1,500750
Feet
Locations are approximate
Legend
Project Area
Elmore_Parcels_Nov_2021
Autauga_Parcels_2021_Nov
Elmore_Parcels_Nov_2021
Prattville City Limit
Streets
COBBS FORD RD
T A R A D R
DEE DR
MCQUEEN SMITH RD S
E MAIN ST
SUMMER LN
SEASONS DR
SANFORD DR
HEATHER DR
COMMERCE CT
WINTER PL
HOM
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DOSS CT
COBBS FORD LN
SHANNON CT
DELLWOOD CT
KORNEGAY DR
MELVINA PL
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R-2
B-2
B-2
B-2
R-3
B-2
R-5
P.U.D.
R-4
R-2
B-1
P.U.D.
R-4
R-4
F.A.R.
R-3
P.U.D.
P.U.D.
Zoning Map - Heather Drive - Sterling Heights
±0 1,500750
Feet
Locations are approximate
Legend
Project Area
Elmore_Parcels_Nov_2021
Autauga_Parcels_2021_Nov
Elmore_Parcels_Nov_2021
Prattville City Limit
Streets
GROUND FLOOR
0' - 0"
TOP PLATE 1
8' - 1 1/8"
2ND FIN. FLOOR
9' - 8 5/8"
TOP PLATE 2
17' - 9 3/4"
BLDG. 100 RIDGE
29' - 8 1/8"
1 1
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BUILDING 100 LEFT FRONT ELEVATION
GROUND FLOOR
0' - 0"
TOP PLATE 1
8' - 1 1/8"
2ND FIN. FLOOR
9' - 8 5/8"
TOP PLATE 2
17' - 9 3/4"
BLDG. 100 RIDGE
31' - 5 3/4"
1 1 1 1 1
1 1 1 1 1 1
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BUILDING 100 RIGHT REAR ELEVATION
GROUND FLOOR
0' - 0"
TOP PLATE 1
8' - 1 1/8"
2ND FIN. FLOOR
9' - 8 5/8"
TOP PLATE 2
17' - 9 3/4"
BLDG. 100 RIDGE
29' - 8 1/8"
1
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1'-0"
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09 DEC 2021
COPYRIGHT C 2020
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WALLACE ARCHITECTS, L.L.C.
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GROUND FLOOR
0' - 0"
TOP PLATE 1
8' - 1 1/8"
2ND FIN. FLOOR
9' - 8 5/8"
TOP PLATE 2
17' - 9 3/4"
BLDG. 100 RIDGE
31' - 5 3/4"
1 1
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1 1
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1 1 1 1 1 1
1 111
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1'-0"6"
1'-0"
BUILDING 100 LEFT FRONT ELEVATION
GROUND FLOOR
0' - 0"
TOP PLATE 1
8' - 1 1/8"
2ND FIN. FLOOR
9' - 8 5/8"
TOP PLATE 2
17' - 9 3/4"
BLDG. 100 RIDGE
31' - 5 3/4"
1 1 1 1 1
1 1 1 1 1 1
11111 1
1 1
1 1
1 1
1
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1 1
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1 1
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1 1
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1'-0"
6"
1'-0"
GROUND FLOOR
0' - 0"
TOP PLATE 1
8' - 1 1/8"
2ND FIN. FLOOR
9' - 8 5/8"
TOP PLATE 2
17' - 9 3/4"
BLDG. 100 RIDGE
31' - 5 3/4"
1
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1'-0"
BUILDING 100 RIGHT REAR ELEVATION
BUILDING 100 LEFT SIDE ELEVATION
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09 DEC 2021
COPYRIGHT C 2020
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WALLACE ARCHITECTS, L.L.C.
A3.1
1 29 JUNE 2020 ADD #1
2 05 MAR 2021 ADD #2
GROUND FLOOR
0' - 0"
TOP PLATE 1
8' - 1 1/8"
2ND FIN. FLOOR
9' - 8 5/8"
TOP PLATE 2
17' - 9 3/4"
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BLDG. 100 RIDGE
29' - 8 1/8"
GROUND FLOOR
0' - 0"
TOP PLATE 1
8' - 1 1/8"
2ND FIN. FLOOR
9' - 8 5/8"
TOP PLATE 2
17' - 9 3/4"
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1
1 1
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1 1
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6"
1'-0"
6"
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6"
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BLDG. 100 RIDGE
29' - 8 1/8"
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BUILDING 100 LEFT REAR ELEVATION A
BUILDING 100 LEFT REAR ELEVATION B
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1ST ISSUE
09 DEC 2021
COPYRIGHT C 2020
1 2 3 4 5
1 2 3 4 5
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D
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B
C
D
REVIEW SET
WALLACE ARCHITECTS, L.L.C.
A3.2
GROUND FLOOR
0' - 0"
TOP PLATE 1
8' - 1 1/8"
2ND FIN. FLOOR
9' - 8 5/8"
TOP PLATE 2
17' - 9 3/4"
BLDG. 100 RIDGE
31' - 5 3/4"
/2 A3.3
/2 A3.3
1
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6"
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6"
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6"
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GROUND FLOOR
0' - 0"
TOP PLATE 1
8' - 1 1/8"
2ND FIN. FLOOR
9' - 8 5/8"
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17' - 9 3/4"
BLDG. 100 RIDGE
31' - 5 3/4"
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BUILDING 100 LEFT REAR ELEVATION B
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JOB NO.
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1ST ISSUE
09 DEC 2021
COPYRIGHT C 2020
1 2 3 4 5
1 2 3 4 5
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WALLACE ARCHITECTS, L.L.C.
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GROUND FLOOR
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9' - 8 5/8"
TOP PLATE 2
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BLDG. 100 RIDGE
29' - 8 1/8"
GROUND FLOOR
0' - 0"
TOP PLATE 1
8' - 1 1/8"
2ND FIN. FLOOR
9' - 8 5/8"
TOP PLATE 2
17' - 9 3/4"
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1
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BLDG. 100 RIDGE
29' - 8 1/8"
GROUND FLOOR
0' - 0"
TOP PLATE 1
8' - 1 1/8"
2ND FIN. FLOOR
9' - 8 5/8"
TOP PLATE 2
17' - 9 3/4"
BLDG. 100 RIDGE
29' - 8 1/8"
1
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BUILDING 100 RIGHT FRONT ELEVATION A
BUILDING 100 RIGHT FRONT ELEVATION B
BUILDING 100 RIGHT SIDE ELEVATION
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JOB NO.
3583
SHEET NO.
REVISIONS
1ST ISSUE
09 DEC 2021
COPYRIGHT C 2020
1 2 3 4 5
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C
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REVIEW SET
WALLACE ARCHITECTS, L.L.C.
A3.4
GROUND FLOOR
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8' - 1 1/8"
2ND FIN. FLOOR
9' - 8 5/8"
TOP PLATE 2
17' - 9 3/4"
BLDG. 100 RIDGE
31' - 5 3/4"
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6"
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GROUND FLOOR
0' - 0"
TOP PLATE 1
8' - 1 1/8"
2ND FIN. FLOOR
9' - 8 5/8"
TOP PLATE 2
17' - 9 3/4"
BLDG. 100 RIDGE
31' - 5 3/4"
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GROUND FLOOR
0' - 0"
TOP PLATE 1
8' - 1 1/8"
2ND FIN. FLOOR
9' - 8 5/8"
TOP PLATE 2
17' - 9 3/4"
BLDG. 100 RIDGE
31' - 5 3/4"
1
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BUILDING 100 RIGHT FRONT ELEVATION A
BUILDING 100 RIGHT FRONT ELEVATION B
BUILDING 100 RIGHT SIDE ELEVATION
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JOB NO.
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1ST ISSUE
09 DEC 2021
COPYRIGHT C 2020
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WALLACE ARCHITECTS, L.L.C.
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GROUND FLOOR
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111
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BLDG. 200 & 300 RIDGE
17' - 11 1/2"
GROUND FLOOR
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A3.11
From:Redmond, Leslie
To:Stephens, Scott; Morgan, Alisa; Williams, Tommie; Rigsby, Darrell
Subject:Variance Request Removal
Date:Thursday, January 6, 2022 10:34:43 AM
All,
Mike Brandt with TBG Construction is requesting the variance involving the height of the shrubs to
be removed. He advised the will now be able to adhere to the requirements. His remaining 3
variance requests will stay on the agenda. His cell phone number is , should you have
any questions for him.
Thanks,
Leslie Redmond
City of Prattville Planning Department
102 West Main Street | Prattville, AL 36067
334.595.0506
334.361.3677 fax
leslie.redmond@prattvilleal.gov
Page 1 of 6
Board of Zoning Adjustment
Staff Report
Variance 220111-05
MEETING DATE: January 11, 2022
PETITIONER: TBG Construction, Inc.
PROPERTY OWNER: Sterling Heights, L.P.
SUBJECT SITE: Sterling Heights Apartments - Heather Drive
REQUEST: Variance – To reduce the distance between buildings required by Ordinance
CURRENT ZONING: B-2 General Business / R-3 Single Family Res. / R-4 Multi-Family Res.
LOCATION: North side of Heather Drive, between McQueen Smith Road and Dee Dr.
SURROUNDING LAND North: Commercial (B-2)
USES AND ZONING: South: Undeveloped / Single Family Residential (R-5)
East: Commercial (B-2)
West: Multi-Family Residential (R-4)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: BZA 171212-03 Use-on-Appeal to construct multi-family in R-3 zone
Conditions of Previous Approval: Applicant was approved to construct multi-family complex in an R-3 single-
family zoning district.
DESCRIPTION OF REQUEST:
1. Variance Request to:
a. Reduce the required spacing between buildings
(Prattville Zoning Ordinance Article 6, Section 67, D. 4.)
Page 2 of 6
ZONING ORDINANCE REFERENCED:
Art. 6 – General Provisions
Section 67 – Multifamily Development
D. – Side Development Standards
4. Building entrances must be accessible from the street, interior drive or open space they face.
Building spacing. Buildings must be spaces no less than the sum of their lengths divided by
three ((A+B)/3), as shown in Figure 67-1. In no case may buildings be placed closer together
than 20 ft. required building spacing is measured perpendicularly from the longer of the two
building walls at the closest point between the two buildings.
Page 3 of 6
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.
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.
Page 4 of 6
STATEMENT OF HARDSHIP FROM APPLICANT:
Building Separation Variance
“We are hereby requesting that the buildings be allowed to be spaced per the attached plan. As shown on the plan we
exceed this calculation as follows but we believe we have best positioned all buildings on the site to propertly separate
them with parking, etc.
Distance between Building 100 and 200:
(310’ + 50’)/3 = 120’ Required
Actual Distance is 65’
Please accept 65’spacing
Distance between Building 100 and 300:
(310’ + 205’)/3 = 171’ Required
Actual Distance is 92’
Please accept 92’ spacing
Distance between Building 200 and 300:
(274’ = 50’)/3 = 108’ Required
Actual Distance is 103’
Please accept 103’ spacing.“
ANAYLSIS / EVALUATION:
A multifamily residential facility for senior citizens is being proposed on an undeveloped 5.35 acre lot on the north side of
Heather Drive between McQueen Smith Road and Dee Drive. The proposed apartment complex will be located in a split
zoned (R-4 Multifamily Residential, R-3 Single Family Residential, B-2 General Business) district that permits this use.
This board granted a use-on-appeal in December 2017 to allow multifamily in an R-3 Single Family zoning district. R-4
Multifamily and B-2 General Business zoning districts allow multifamily developments by right.
The applicant is requesting a variance of the site development standards requirements for multifamily residential to allow
buildings to be spaced closer together to one another than ordinance allows. Zoning Ordinance (Article 6, Section 67, D. 4
Site Development Standards) requires “Buildings must be spaced no less than the sum of their lengths divided by three
((A+B)/3), as shown in Figure 67-1 Minimum Building Spacing. Applicant is requesting a shorter separation
distances between buildings to match the current site layout of their development. Applicant is requesting actual
distances of the following:
65’ between Building 100 and 200
92’ between Building 100 and 300, and
103’ between Building 200 and 300.
The City of Prattville Planning Commission recommended and the City Council passed a new Ordinance for
multifamily developments on August 17th, 2021 after extensive discussion and public hearings. The new ordinance
went into effect immediately after its adoption. This project was reviewed based on the ordinance adopted in
August 2021.
This request violates Article 6, Section 67, D. 4. Site Development Standards of the City of Prattville Zoning
Ordinance and requires a variance in order for a permit to be issued.
Page 5 of 6
Heather Drive – Sterling Heights Apartments - Existing
Page 6 of 6
Heather Drive – Sterling Heights Apartments Site Plan – Proposed Structure and Parking
(Original Submission)
(274+50)/3=108’ Code
103’ Actual
(310+205)/3=171’ Code
92’ Actual
(310+50)/3=120’ Code
65’ Actual
COBBS FORD RD
T A R A D R
DEE DR
MCQUEEN SMITH RD S
E MAIN ST
SUMMER LN
SEASONS DR
SANFORD DR
HEATHER DR
COMMERCE CT
WINTER PL
HOM
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DOSS CT
COBBS FORD LN
SHANNON CT
DELLWOOD CT
KORNEGAY DR
MELVINA PL
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SUM M ER CT
JAMESON CT
Location Map - Heather Drive - Sterling Heights
±0 1,500750
Feet
Locations are approximate
Legend
Project Area
Elmore_Parcels_Nov_2021
Autauga_Parcels_2021_Nov
Elmore_Parcels_Nov_2021
Prattville City Limit
Streets
HEATHER DR
DEE DR
ROCHESTER WY
Aerial Map - Heather Drive - Sterling Heights
±0 500250
Feet
Locations are approximate
Legend
Project Area
Elmore_Parcels_Nov_2021
Autauga_Parcels_2021_Nov
Elmore_Parcels_Nov_2021
Prattville City Limit
Streets
COBBS FORD RD
T A R A D R
DEE DR
MCQUEEN SMITH RD S
E MAIN ST
SUMMER LN
SEASONS DR
SANFORD DR
HEATHER DR
COMMERCE CT
WINTER PL
HOM
E
PA
R
K TR
L
DOSS CT
COBBS FORD LN
SHANNON CT
DELLWOOD CT
KORNEGAY DR
MELVINA PL
R
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SUM M ER CT
JAMESON CT
R-2
B-2
B-2
B-2
R-3
B-2
R-5
P.U.D.
R-4
R-2
B-1
P.U.D.
R-4
R-4
F.A.R.
R-3
P.U.D.
P.U.D.
Zoning Map - Heather Drive - Sterling Heights
±0 1,500750
Feet
Locations are approximate
Legend
Project Area
Elmore_Parcels_Nov_2021
Autauga_Parcels_2021_Nov
Elmore_Parcels_Nov_2021
Prattville City Limit
Streets