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2204 April 12 BZA102 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 April 12, 2022 4:00pm The Pledge of Allegiance: Invocation: Roll Call: Chairman Charles Knapp, Vice-Chairman Billy Barrett, Jr., Mr. Jerry Crosby, Mr. Greg Duke, and Ms. Sarah Johnson. Call to Order: Character Trait of the Month: Determination… Overcoming obstacles in order to reach my goal. Committee Reports: Old Business: None New Business: 1.220412-01 SPECIAL EXCEPTION:Home Occupation-Contracting/Dumpster Service 1235 County Road 57 Ryan Blake Williams, Petitioner Public Hearing District 1 Minutes: February 8, 2022 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. Approved 5/10/2022 Prattville Board of Zoning Adjustment April 12, 2022 Minutes Page 1 of 2 City of Prattville Board of Zoning Adjustment Minutes April 12, 2022 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) convened at 4:07 p.m. on Tuesday, April 12, 2022 in the Prattville City Hall Council Chambers. After the pledge of Allegiance, Ms. Johnson gave the invocation. ROLL CALL: The roll was called. Members present were Chairman Charles Knapp, Vice-Chairman Billy Barrett, Mr. Greg Duke, Mr. Jerry Crosby and Ms. Sarah Johnson. Quorum Present Staff present were Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner; Mr. Tommie Williams, Planner; and Ms. Alisa Morgan, Secretary. MINUTES: Mr. Crosby moved to approve the minutes of the February 8, 2022, regular meeting. Ms. Johnson seconded the motion. The motion to approve passed unanimously. CHARACTER TRAIT OF THE MONTH: The Character Trait of the Month is Determination…Overcoming obstacles in order to reach my goal. Chairman Knapp stated the governing rules for the Prattville Board of Zoning Adjustment and the procedure of the meeting. COMMITTEE REPORTS: There were no reports to be made. OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: SPECIAL EXCEPTION: Home Occupation-Contracting/Dumpster Service 1235 County Road 57 Ryan Blake Williams, Petitioner Mr. Rigsby introduced the special use request to allow a home occupation for a general contracting, debris removal, and dumpster service business on property located at 1235 County Road 57. He stated that the dumpsters, material, and business vehicles will be stored on the 21-acre lot. He stated that the petitioner is considering placing a sign on property which is prohibited in a residential district. Ryan Williams, the petitioner, presented his request to allow a home general contracting business located at 1235 County Road 57. He stated that 10-15 dumpsters will be stored on heavily wooded lot at the rear of the property which will not be visible from the driveway. He stated that equipment will be stored on the business truck. He stated that he is proposing to place a small political size yard sign. Chairman Knapp opened the floor for public comments. There were none. The public hearing was closed. Chairman Knapp opened the discussion for the Board. Since there was no detailed submission for a sign, Approved 5/10/2022 Prattville Board of Zoning Adjustment April 12, 2022 Minutes Page 2 of 2 the board did not consider voting on it and would consider it when that time is presented. After their discussion, the vote was called. Mr. Barrett moved to establish the findings of fact stating that 1) development of the proposed use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; 2) the proposed home occupation is an allowable special exception, and is not a prohibited use in a FAR district; and 3) the proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. Crosby seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Duke moved to approve the request as proposed based on the approved findings of fact. Mr. Crosby seconded the motion. The motion to approve passed unanimously. MISCELLANEOUS: Mr. Stephens provided the BZA members with a keepsake copy of the newly adopted Zoning Ordinance which was adopted by City Council at their March 15, 2022. ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 4:21 p.m. Respectfully submitted, Alisa Morgan, Secretary Board of Zoning Adjustment Page 1 of 8 Board of Zoning Adjustment Staff Report Special Exception 220412-01 MEETING DATE: April 12, 2022 PETITIONER: Ryan Blake Williams PROPERTY OWNER: Ryan Blake Williams SUBJECT SITE: 1235 County Road 57 REQUEST: To operate a general contracting business out of the home CURRENT ZONING: FAR (Forest, Agriculture, Residential) LOCATION: 1235 County Road 57 SURROUNDING LAND North: Single-Family Residential (Unincorporated) USES AND ZONING: South: Single-Family Residential (FAR) East: Single-Family Residential (FAR) West: Single-Family Residential / Forest / Farmland (Unincorporated) DEVELOPEMNT STATUS & HISTORY: Previous Requests: None found Conditions of Previous Approval: N/A DESCRIPTION OF REQUEST: 1. Petitioner is requesting a Special Exception in order to operate a home occupation for general contracting, debris removal, and container/dumpster service. 2. Petitioner is requesting to place small business sign by road ZONING ORDINANCE REFERENCED: Section 7.09 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 Special Exception approval from the BZA. ANAYLSIS/EVALUATION: Petitioner is requesting to operate a general contracting, debris removal, and container/dumpster service business out of his home. As part of the request, petitioner is requesting to store 10 to 15 commercial roll-off dumpsters at rear of property. Subject property is approximately 21 acres that is heavily wooded. Natural, dense wooded buffers currently exist along all property lines, with the exception of a small portion where the driveway is. Subject property is at the periphery of the Prattville corporate limits and is bordered at the north and west by unincorporated property. It is bordered to the south by the railroad, and to the east by a 16 acre single family residential (zoned FAR) parcel. Page 2 of 8 Petitioner is proposing to operate a commercial dumpster business where he will store up to 15 dumpsters on the property. Petitioner has stated he will place the dumpsters towards the rear of the property, behind the home. Additionally, petitioner is requesting permission to place a small sign along County Road 57 at the driveway entrance. Below is the staff assessment of the three general question applicable to Special Exception: 1. 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. Per 7.09.05 b. “On lots larger than one acre, materials or equipment may be located in rear or side yards without being enclosed provided they are at least 50 feet from the nearest property line. 2. Is the proposed use an allowable Special Exception, and not a prohibited use in an FAR district? The requested use is an allowable Special Exception. The proposed use is not a prohibited use in an FAR district. 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. Property owner has more than 21 acres and adjoining properties are large parcels. 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 Special Exception will not (§12): 1. Permit the establishment of a use prohibited in the zoning district; or 2. Be contrary to the public interest and will insure that the spirit of this ordinance is observed; 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. trucks, trailers, dumpsters) be parked? a. Section 7.09.05.b. 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 without being enclosed provided they are at least 50 feet from the nearest property line. 2. The subject property is approximately 21.77 acres, and heavily wooded. Natural vegetation buffers exist along all property lines and street frontages. 3. Applicant is requesting to place a small sign by the road. Zoning Ordinance Article 9 concerns signage. §9.09 concerns signs in FAR districts. §9.09.01.1. states “Only those signs expressly permitted in §9.06 Signs Permitted in All Districts and this Section are permitted.” Per §9.06., Signs, with the exception of Temporary signs and Flagpoles and Stanchions are prohibited on Residential zoned property used for residential purposes. Page 3 of 8 Property Photos: Site with Zoning and Corporate Limits Site Showing Natural Vegetation and Buffers Co Rd 57 Co Rd 57 Page 4 of 8 Site Plan (Google Satellite Images) C B A Co Rd 57 Page 5 of 8 Driveway Entrance (Location “A” on Map Above) (Staff Photo) Driveway Entrance (Location “A” on Map Above) (Staff Photo) Page 6 of 8 Driveway Close-up (Location “A” on Map Above) (Staff Photo) Driveway Close-up (Location “A” on Map Above) (Staff Photo) Page 7 of 8 Proposed Storage Location (“C” on map above) (Staff Photo) Proposed Storage Location (“C” on map above) (Staff Photo) Page 8 of 8 Proposed Storage Location (“C” on map above) (Staff Photo) Residence (“B” above) looking Toward Proposed Storage Location (“C” on map above) (Staff Photo) 1235 TURNE R C R S CO RD 57 Aerial Map - 1235 County Road 57 ±0 500250 Feet Locations are approximate Legend Project Area Elmore_Parcels_Nov_2021 Autauga_Parcels_2021_Nov Prattville City Limit Streets CO R D 5 7 TALLANT DR CO R D 8 5 TURNE R C R S PATE S M I L L L N HWY 82 W Location Map - 1235 County Road 57 ±0 2,0001,000 Feet Locations are approximate Legend Prattville City Limit Project Area Autauga_Parcels_2021_Nov Elmore_Parcels_Nov_2021 Streets CO R D 5 7 TALLANT DR CO R D 8 5 TURNE R C R S PATE S M I L L L N HWY 82 W F.A.R. Zoning Map - 1235 County Road 57 ±0 2,0001,000 Feet Locations are approximate Legend Prattville City Limit Project Area Autauga_Parcels_2021_Nov Elmore_Parcels_Nov_2021 Streets Cons_Green2 Cons_Green2 CO R D 5 7 CO R D 8 5 TURNE R C R S PATE S M I L L L N TALLANT DR Future Land Use Map - 1235 County Road 57 ±0 2,0001,000 Feet Locations are approximate Legend Project Area Elmore_Parcels_Nov_2021 Autauga_Parcels_2021_Nov Prattville City Limit Downtown Commercial & Mixed Use Conservation & Green Space I Conservation & Green Space II Mixwed-Use Residential Mixed-Use Commercial Open Space General Commercial & Mixed Use General Industrial Light Industrial General Institutional Medium Density Residential Medium Density Residential - Powell/Hwy 31 Very Low Density Residential Low Density Residential Streets