2207 July 21 PC 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 PLANNING COMMISSIONAGENDA July 21, 2022 3:00 p.m.
Call to Order:
Roll Call:
Mayor Gillespie, Councilman Chambers, Chairman Gardner, Vice-Chairman Daniel, Chief Johnson, Mrs. Carpenter, Mr. Hayden, Mr. King, and Mr. Mullins.
Minutes:
June 16, 2022 and July 6, 2022 Work Session
Committee Reports:
Old Business:
None
New Business:
1.Zoning Amendment: FAR (Forest, Agricultural, Recreation) to B-2 (General Business)Prattville Carpet Location: 2201 Cobbs Ford Road Petitioner: CFR 2201, LLC
Public Hearing
District 5
2.Preliminary Master Plan: Riverfell PUD
Location; Highway 82 E BypassOwner: RFA I, LLC; RFB I, LLC; RFD I, LLCRepresentative: Halieus, LLC
Public Hearing
District 7
3.Zoning Amendment: B-2 (General Business) & FAR (Forest, Agricultural, Recreation) to PUD (PlannedUnit Development)
RiverfellLocation: Highway 82 E BypassOwner: RFA I, LLC; RFB I, LLC; RFD I, LLCRepresentative: Halieus, LLC
Public Hearing
District 7
4.Preliminary Plat: Prattville East Commercial Plat 5 (Resurvey of Lots 2 & 4)
Location: Southwest corner of E Main Street & McQueen Smith Road SOwner: Prattville Partners Limited Partnership
Representative: Cross Development CC Prattville, LLC
Public Hearing
District 5
5.New Subdivision Regulations Public Hearing
Miscellaneous:
Adjourn:
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Prattville Planning Commission June 16, 2022 Minutes Page 1 of 5
CITY OF PRATTVILLE PLANNING COMMISSION 1 MINUTES 2 3 June 16, 2022 4 5 Call to order: 6 Chairman Reuben Gardner called the regular meeting to order at 3:02 p.m. 7 8 Roll Call: 9 The secretary called the roll. Members present were Mayor Bill Gillespie, Councilman John Chambers, 10 Chairman Reuben Gardner, Mrs. Paula Carpenter, Mr. Ken Daniel, and Mr. Robert King. Chief Dallis 11 Johnson, Mr. Seth Hayden, and Mr. Mugs Mullins were absent. 12 13 (Quorum present) 14 15 Staff present: Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner; Mr. Tommie Williams, 16
Planner; and Ms. Alisa Morgan, Secretary. 17 18 Minutes: 19
Mrs. Carpenter moved to approve the minutes of the May 19, 2022 regular meeting. Councilman Chambers 20 seconded the motion. The motion passed unanimously. 21 22 Committee Reports: 23 24 Old Business: 25 1. Preliminary Plat: Honaker Family Land Plat 126 Location: 899 Lower Kingston Road 27 Owner: Anthony & Hollee Honaker 28 Representative: Alabama Land Surveyors, Inc. 29 30
This item was held at the previous meeting (5/19) until a representative could answer questions of 31
concern. Mr. Williams provided an overview of the discussion held the previous meeting for the 32
preliminary plat of Honaker Family Land Plat 1. 33 34
Hollee Honaker, petitioner, presented the preliminary plat of the Honaker Family Land Plat 1. She stated 35
that the property is being subdivided to sell the larger lot. The smaller lot has an existing house which is 36
currently being renovated. She stated that there are no plans for trailers or a mobile home park. She 37
stated that consideration will be given to rezoning the property to appropriate residential use. 38 39
After no further discussion, the vote was called. The motion to approve passed unanimously. 40 41
New Business: 42 2. Zoning Amendment: R-2 (Single Family Residential) to B-1 (Neighborhood Business)43 Location: 735 North Memorial Drive 44 Petitioner: G & S Properties, LLC 45 46 Mr. Rigsby introduced the zoning amendment request to rezone property located at 735 N. Memorial 47 Drive. He stated that the undeveloped property is currently zoned as R-2, Single Family Residential and 48 the petitioner is wishing to rezone the property to B-1, Neighborhood Business which allow for lower 49 intense commercial use. He stated that the Future Land Use Map (FLUM) zoned for this parcel is 50
Institutional and the property is surrounded by Medium Density Residential and Institutional. 51 52 Grey Salyers, petitioner, presented the zoning amendment request. He stated that property was originally 53
purchased to build a home, but has since decided not to build a home. He stated that they want to retain 54
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the property and convert it to commercial to generate income by renting the lot out for parking rental, 55 garden center, or produce stand. 56
57 Chairman Gardner opened the floor for public comments. There were none. The public hearing was closed. 58 59 Councilman Chambers introduced a resolution recommending approval the rezoning of 735 N. Memorial Drive 60 from R-2 to B-l and moved for its approval. Mr. Mullins seconded the motion. 61 62 In their discussion, the Commission felt that the staff’s recommendation to not approve the zoning change was 63 appropriate since the B-1 zoning conflicts with the FLUM. After their discussion, the vote was called. The 64 motion to approve failed by unanimous vote. 65 66 3. Zoning Amendment: FAR (Forest, Agricultural, Recreation) to B-2 (General Business) 67
Location: 1976-1996 Fairview Avenue 68
Petitioner: Covered Bridge SC, LLC 69
70
Mr. Williams introduced the request zoning amendment request to rezone property located at 1976-1996 71
Fairview Avenue. He stated that the property was annexed into the city as FAR, but its current use is 72
commercial. The proposed rezoning to B-2 is consistent with the FLUM. 73
74
Lynn Brown of Moore Property Management, petitioner’s representative, presented the rezoning request. 75
She stated that the shopping center was constructed in 2004 and has always operated as commercial. 76
77
Chairman Gardner opened the floor for public comments. There were none. The public hearing was closed. 78 79 Mrs. Carpenter introduced a resolution recommending approval of the rezoning of 1976-1996 Fairview Avenue 80 from FAR to B-2 and moved for its approval. Mr. Daniel seconded the motion. 81 82 The vote was called. The motion to approve passed unanimously. 83 84 4. Preliminary Plat: Carrollton Subdivision 85
Location: East of Scenic Hills Subdivision and west of Cooter’s Pond 86
Owners: Lee Audis, LLC 87
Representative: Barrett-Simpson, Inc. 88
89
Mr. Rigsby introduced the the preliminary plat of Carrollton Subdivision. He stated that sketch plan was 90
approved in October 2021 and a rezoning to R5 was approved in December 2021. He stated that the 91
proposed plat will subdivide 28.75 acres into 101 residential lots, with street connectivity to Joyce Street, 92
Denise Street, and Angela Street in the existing Scenic Hills neighborhood. 93
94
Blake Rice of Barrett-Simpson, Inc., petitioner’s representative, presented the preliminary plat of the Carrollton 95 Subdivision. He stated that they are currently working to address comments received from the city. 96 97 Chairman Gardner opened the floor for public comments. There were none. The public hearing was closed. 98 99 Mr. Daniel introduced a resolution recommending approval of the preliminary plat of Carrollton Subdivision and 100 moved for its approval. Councilman Chambers seconded the motion. 101 102 The vote was called. The motion to approve passed unanimously. 103 104
5. Preliminary Plat: Mountain Lakes 1-C 105
Location: 805 Mountain Lake Court 106
Petitioner: Heather Smith 107
Representative: Alabama Land Surveyors, Inc. 108
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Mr. Williams introduced the request for the preliminary plat of Mountain Lakes 1-C. He stated that the 109
proposed plat is combining two parcels into one 1.81 acre lot. 110
111
James Monk of Alabama Land Surveyors, Inc., petitioner’s representative, presented the preliminary plat of 112
Mountain Lakes 1-C. 113
114
Chairman Gardner opened the floor for public comments. There were none. The public hearing was closed. 115
116
Mrs. Caprenter introduced a resolution recommending approval of the preliminary plat of Mountain 117
Lakes 1-C and moved for its approval. Councilman Chambers seconded the motion. 118
119
The vote was called. The motion to approve passed unanimously. 120
121
6. Preliminary Plat: Prattville West Industrial Park Subdivision Plat 1A 122
Location: 216 Echlin Blvd. 123
Petitioner: FNL Consulting, LLC 124
Representative: Alabama Land Surveyors, Inc. 125
126
Mr. Rigsby introduced the preliminary plat of Prattville West Industrial Park Subdivision Plat 1A. He 127
stated that this plat will move up the northern property lines approximately 15 feet. 128
129
James Monk of Alabama Land Surveyors, Inc., petitioner’s representative, presented the preliminary plat of 130
Prattville West Industrial Park Subdivision Plat 1A for a replat. 131
132
Chairman Gardner opened the floor for public comments. There were none. The public hearing was closed. 133
134
Chairman Gardner introduced a resolution recommending approval of the preliminary plat of Prattville 135
West Industrial Park Subdivision Plat 1A and moved for its approval. Mrs. Carpenter seconded the 136
motion. 137
138 The vote was called. The motion to approve passed unanimously. 139 140 7. Preliminary Plat: Avalon Place Plat VI (A) 141
Location: Greencrest Lane & Martin Luther King JR Drive 142
Owner: Kelvin & Brianca Brickhouse 143
Representative: Alabama Land Surveyors, Inc. 144
145
Mr. Williams introduced the preliminary plat of Avalon Place Plat VI (A). He stated that the plat is 146
combining two lots into one. 147
148
James Monk of Alabama Land Surveyors, Inc., petitioner’s representative, presented the preliminary plat of 149
Avalon Place Plat VI (A). 150
151
Chairman Gardner opened the floor for public comments. There were none. The public hearing was closed. 152
153
Councilman Chambers introduced a resolution recommending approval of the preliminary plat of Avalon 154
Place Plat VI (A) and moved for its approval. Mayor Gillespie seconded the motion. 155
156 The vote was called. The motion to approve passed unanimously. 157 158 159
160
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8. Preliminary Plat: Prattville East Commercial Plat 5 (Resurvey of Lots 2 & 4) 162
Location: Southwest corner of E Main Street & McQueen Smith Road S 163
Owner: Prattville Partners Limited Partnership 164
Representative: Cross Development CC Prattville, LLC 165
166
Mr. Rigsby introduced the preliminary plat of Prattville East Commercial Plat 5 (Resurvey of Lots 2 & 4). 167
He stated that the proposed plat is re-platting property lines within two existing parcels. He stated that this 168
replat will create a lot (Lot 4A) that will not have direct access to a public street. He stated that waiver is 169
required to allow the subdivision for the landlocked parcel and the petitioner has requested a waiver to 170
comply. Staff recommends an access agreement be required for access to the lot. 171
172
Jason Bailey of Bailey Land Group, Inc., petitioner’s representative, presented the preliminary plat of 173
Prattville East Commercial Plat 5 (Resurvey of Lots 2 & 4). He stated that the lots are being re-platted to 174
allow an automotive collision center. 175
176
Chairman Gardner opened the floor for public comments. There were none. The public hearing was 177
closed. A letter from Pramila Khatri was received. (Attached and made a part of the minutes). 178
179
Mr. Daniel introduced a resolution recommending approval of the preliminary plat of Prattville East 180
Commercial Plat 5 (Resurvey of Lots 2 & 4) and moved for its approval. Mr. King seconded the motion. 181
182
Mayor Gillespie asked if the proposed collision center was in the appropriate location. Mr. Stephens 183
stated that the zoning is appropriate for the location. He stated that site plans are currently in review and 184
they are following the required zoning regulations for the location to include landscaping buffers and 185
fencing. 186
187
Mayor Gillespie moved to hold the request. Mr. Daniel seconded the motion. After their discussion, 188
Mayor Gillespie withdrew his motion to hold. 189
190
In further discussion, with this subdivision, Lot 4A would not have direct frontage on a public street, and 191
unanswered questions about cross access agreement, the Commission was not favorable to approve the 192
preliminary plat. 193
194
The vote was called. The motion to approve failed by unanimous vote. 195
196
9. Zoning Amendment: B-1 (Neighborhood Commercial) to B-2 (General Business) 197 Location: Frontage on S Memorial Drive, south of E Main Street, north of Paige Court 198 Petitioner: City of Prattville 199 200
Mr. Stephens introduced the zoning amendment request to rezone property fronting S. Memorial Drive, 201
south of E. Main Street, north of Paige Court. The proposed B-2 zoning is consistent with the FLUM. 202
203
Chairman Gardner opened the floor for public comments. There were none. The public hearing was 204
closed. 205
206
Mr. King introduced a resolution recommending approval the rezoning of property on S Memorial Drive, 207
south of E Main Street, north of Paige Court from B-l to B-2 and moved for its approval. Mrs. Carpenter 208
seconded the motion. 209
210
The vote was called. The motion to approve passed unanimously. 211
212
Miscellaneous: 213
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Mr. Stephens discussed the Subdivision Regulations update and requested a work session between now 214 and the July regular Planning Commission meeting. 215
216 Mr. Stephens stated that Chairman Smith recently relocated and has since resigned from the Commission. 217 He introduced Mr. Robert King as the newly appointed Commissioner to fill the vacancy. Chairman 218 Gardner dutifully fulfilled the Chairman seat and now the Commission needs to elect a Vice-Chairman. 219 Mrs. Carpenter nominated Mr. Daniel as Vice-Chairman. There were no other nominations. Mr. Daniel 220 was elected as Vice-Chairman. 221 222 Adjourn: 223 There being no other business, the meeting was adjourned at 4:29 p.m. 224 225 Respectfully submitted, 226
227
228 229
Alisa Morgan, Secretary 230 Prattville Planning Commission 231
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Prattville Planning Commission July 6, 2022 Minutes Page 1 of 1
CITY OF PRATTVILLE PLANNING COMMISSION 1 WORK SESSION MINUTES 2 3 July 6, 2022 4 5 The meeting began at 12:00pm at the Doster Center. 6 7 Members present were Mayor Bill Gillespie, Councilman John Chambers, Chairman Reuben Gardner, 8 Mrs. Paula Carpenter, Mr. Ken Daniel, Mr. Robert King, Chief Dallis Johnson, and Mr. Mugs Mullins. 9 Mr. Seth Hayden was absent. 10 11 Staff present: Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner; Mr. Tommie Williams, 12 Planner; and Mr. Andrew Odom, City Attorney. 13
14 Mr. Stephens presented a draft of proposed subdivision regulations. Commissioners discussed the draft and heard 15 feedback from members of the public, including Blake Rice of Barrett-Simpson and James Monk of Alabama 16
Land Surveyors. 17 18 The meeting adjourned at 1:50pm. 19
20 21 Respectfully submitted, 22 23 24 25 J. Scott Stephens, City Planner 26 Prattville Planning Commission 27
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Planning Commission
Staff Report
Zoning Map Amendment
ZONING MAP
AMENDMENT
REQUEST:
Proposed Zoning Map Amendment from F.A.R (Forest, Agriculture, and
Recreation) to B-2 (General Business) of property at 2201 Cobbs Ford Road.
MEETING DATE: July 21, 2022
A. BACKGROUND:
Applicant/Representative: 2201 CFR LLC
Owner: 2201 CFR LLC
Property Location: 2201 Cobbs Ford Road
Property Identification: Elmore County 26030700010270010
Property Size: 0.75 +/- acres
Future Land Use Map (FLUM)
Designation: Commercial
Current Zoning District: F.A.R (Forest, Agriculture, & Recreation)
Proposed Zoning District B-2 General Business
Existing Land Use: Commercial
B. DEVELOPMENT STATUS & HISTORY:
Previous Requests:
May not be exhaustive None Known
C. SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North Commercial B-2 (General Business)
South Church / Commercial R-4 (Multifamily) / B-2
(General Business)
East Commercial B-2 (General Business)
West Commercial B-2 (General Business)
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D. ANALYSIS:
Proposed Use: The applicant is requesting to rezone 0.75 +/- acre parcel located at 2201 Cobbs Ford Road from
FAR (Forest, Agriculture, Recreation) to B-2 General Business. Parcel is currently occupied by an existing
business that has been in operation for many years.
Street Connectivity: Parcel is located on Cobbs Ford Road.
Water/Sewer: Public water and sewer is available
E. COMPREHENSIVE PLAN:
The subject site has a Future Land Use Map (FLUM) designation of Commercial
On April 15, 2021, the Planning Commission adopted an updated Prattville Comprehensive Plan. The Future Land
Use Plan and Map in Land Use + Transportation section (pg. 40) of the document shows the subject parcel in
Commercial FLUM zone and surrounded by Commercial to the north, south, east and west. The proposed Zoning
Map Amendment to B-2 General Business meets the general fabric of the area.
PLANNING STAFF EVALUATION:
The applicant would like the land use, commercial, to match the zoning. Parcel is currently zoned FAR (Forest,
Agriculture, Recreation), however, the use is a commercial business that has been in operation on this parcel for
many years. Property is located on a major commercial corridor, Cobbs Ford Road, and is surrounded by other
business uses and commercial zoning.
The applicant is requesting to rezone 0.75 acres of property from F.A.R to B-2 (General-Business). The land use is
commercial even though it is zoned F.A.R. In a F.A.R district, commercial business is not allowed, therefore if
a commercial business does exist within a F.A.R district it is considered legal non-conforming. A legal
nonconforming structure may not alter, enlarge, or intensify in any way that increases the nonconformity.
Applicant is proposing to rezone the property to match the existing land use and bring the property into
compliance.
The future land use map has this area designated as a Commercial area. Rezoning the parcels will be consistent with
FLUM.
Reviewed by: Darrell Rigsby, Senior Planner
Recommendation: Approval
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Downtown Commercial & Mixed Use
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Riverfell Preliminary Master Plan
Page 1 of 5
Planning Commission
Staff Report
SUBDIVISION NAME: Riverfell P.U.D Preliminary Master Plan
MEETING DATE: July 21, 2022
A. BACKGROUND:
Applicant/Representative: Bradley Neave/Halieus, LLC
Owner: RFA I, LLC; RFB I, LLC; RFD I, LLC
Property Location: Highway 82 Bypass
Property Identification:
Elmore County: 2604190001002000, 2604190001002001,
2604180001006002
Autauga County: 19062410000020020
Property Size: 232 +/- acres
Future Land Use Map (FLUM)
Designation: Medium Density/Greenspace
Current Zoning District: B-2 (General-Business) & F.A.R (Forest, Agriculture,
Recreation)
Existing Land Use: Vacant / Undeveloped Land
B. DEVELOPMENT STATUS & HISTORY:
Previous Requests:
May not be exhaustive N/A
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Riverfell Preliminary Master Plan
Page 2 of 5
C. SURROUNDING LAND USE AND ZONING:
D. EVALUATION/COMMENTS:
Street Connectivity: The proposed Preliminary Master plan will connect to Constitution Ave TO the north,
Highway 82 will be the main entrance, and Cooters Pond will be the possible south
connection. All entrances will have license plate readers as a form of security.
Water/Sewer: Public water and sewer is available
P.U.D (Planned Unit Development District Standards:
Lot requirements for uses in P.U.D zoning include the following:
Density, building height and setbacks must conform to the standards in Table 6-4. Requirements in
excess of those in Table 6-4 must be specified in the Master Plan as well as any additional proposed
standards. Unless other standards are proposed by the applicant and approved with the Master Plan,
the area and dimensional requirements in Article 7 for townhouses, patio homes, multifamily and other
residential uses apply.
In its recommendation to the Council, the Commission will submit its findings regarding whether and
to what degree: (Section 6.04.02)
1) Does the proposal conform to the comprehensive plan? The Comprehensive Plan has this area designated
medium density and greenspace. The P.U.D being proposed has a total green area of 81.3 acres that will
include trails, bike paths, and walking paths. Walkability is strongly encouraged in the new Comprehensive
Plan with paths and bike trials. As we are currently, working on a new bike plan that will encourage more
Direction Land Use Zoning
North Residential (Hedgefield Subdivision) P.U.D
South Undeveloped F.A.R
East Developed (Golf Course) F.A.R
West Residential (McClain Landing) R-3
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Riverfell Preliminary Master Plan
Page 3 of 5
modes of transportation other than automobiles, Riverfell meets all of the guidelines of a walkable
community outlined in the Comp. Plan.
The City of Prattville Comp. Plan has a medium density of 4-5 units per acre. Riverfell is proposing an
overall unit per acre of 5.67. Staff believes that due to its proposed location, variety of housing types and
uses, the proposed PUD conforms with the Comp. Plan in its character and desired pattern of development.
2) Does the proposal meet the intent, objectives, and general requirements of the Planned Unit
Development District. The purpose of a Planned Unit Development is to provide flexible land use
regulations and development standards that encourage greater variety in the type of design, siting of
structures, and a combination of uses. Density requirements, setbacks, and other land use regulations may be
adjusted to allow for a more desirable living environment. The intent of a Planned Unit Development is to
have local shopping and residential in close proximity to encourage walking and community.
The general requirements for PUD in the City of Prattville are:
1. Ownership. The tract must be either in one ownership or the subject of a jointly filed application
by the owners of all the properties included. In the case of multiple ownership, the approved site
and development must be binding on all owners. If submitted by someone other than the current
owner of the property, the submission must be accompanied by satisfactory evidence of the
existence of an option to purchase or other agreement so as to ensure that the owner is in
agreement with the proposed development. Properties are all owned by LLCs and they are
applied together.
2. Common property in the PUD District. Provisions must be made for the ownership and perpetual
maintenance of any proposed common open spaces or other common facilities in accordance
with §3.07 Common Open Spaces and Facilities. Dedication of any portion of a PUD must be in
accordance with the provisions of the City Subdivision Regulations. The applicant will have an
HOA and will comply with the Subdivision Regulations.
3) Is the proposal is conceptually sound in that it meets a community need and conforms to
accepted design principles in the proposed street system, land use configuration, open space
system, and drainage and utility systems. Today’s suburban neighborhoods are car-centric, meaning you
have to get into your vehicle to accomplish most of your daily tasks. Riverfell is utilizing design, street
systems, and land-use configurations to establish a community that will be nothing like any community within
the city limits of Prattville. The community has a need for senior living, with investment in development
increasing within the last couple of years in the City of Prattville. Single-family homes have been increasing
dramatically for the last 10 years in this area, with the combination of mixed-use and trails being located
within walking distance, Riverfell is meeting a community need. The street system that is located in downtown
Prattville (block/grid system) is not being utilized in today’s development of subdivisions. Riverfell
configuration will be consistent with the development being utilized today.
4) Are there are adequate services and utilities available in the construction of the development. Riverfell is a
large development that will take a substantial amount of services and utilities to complete the project. There
are some single-family neighborhoods in close proximity to the proposed development. Hedgefield subdivision
is located north of Riverfell, McClain Landing Subdivision is located west of Riverfell, and Scenic Hills will
abut the new development. There will be adequate services and utilities to maintain the construction of the new
project. The Engineering Department and Public Works have all reviewed the proposal.
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Riverfell Preliminary Master Plan
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Staff Comments:
This proposed Preliminary Master Plan implements a New Urbanism concept. New Urbanism is a planning approach
that is reviving the lost art of walkable cities. It is an approach that has different types of homes (senior living,
apartments, single-family homes, and townhouses) stores, recreation, and other uses all in a centralized location. New
Urbanism is a concept that is built around sustainability and walkability. When cities were first developed blocks and
streets were walkable and shops were in close proximity. New Urbanism is not car-centric and focuses more on
quality of life and human-scaled design.
Riverfell encompasses 232 +/- acres of land with shops, parks, trails, and recreation all within walking distance.
Riverfell will have four different types of dwellings; senior living, multi-family, single-family homes, and
townhouses. This will encourage different types of people in different stages of their lives, which inspire a diverse
community and a better quality of life. The P.U.D is consistent with the Comprehensive Plan with paths and bike
trials. As we are currently, working on a new bike plan that will encourage more options outside of automobiles.
Riverfell meets all of the guidelines of a walkable community outlined in the Comp. Plan. Riverfell has proposed an
overall 5.67 units per acre. Riverfell is utilizing design, street systems, and land-use configurations to establish a
community that will be nothing like any community within the city limits of Prattville. The community has a need
for senior living, with investment in development increasing within the last couple of years in the City of Prattville.
Single-family homes have been increasing dramatically for the last 10 years in this area, with the combination of
mixed-use and trails being located within walking distance, Riverfell is meeting a community need.
The process for P.U.D consists of five steps, within those steps are sub-steps; Before any subdivision site
improvements are made or building permits are issued, the developer must apply for and secure approval for a
PUD District as follows:
1. Preliminary Master Plan, Rezoning- The developer must submit a preliminary master plan with the
rezoning request to the Commission.
2. After holding a public hearing on the application for rezoning and approval of the preliminary master
plan, the Commission will make a recommendation for approval, approval with changes, or denial to
the Council; or, with consent of the applicant, table its recommendation to allow time for further
review or for the applicant to make requested changes. If the proposal is deemed by the
Commission to be unacceptable, the reasons for such determination will be set forth in its
recommendation to the Council.
3. In its recommendation to the Council, the Commission will submit its findings regarding whether and
to what degree:
A) The proposal conforms to the comprehensive plan.
B) The proposal meets the intent, objectives and general requirements of the Planned Unit
Development District.
C) The proposal is conceptually sound in that it meets a community need and conforms to
accepted design principles in the proposed street system, land use configuration, open space
system, and drainage and utility systems.
D) There are adequate services and utilities available in the construction of the development.
4. After a PUD district has been established, no building permit may be issued, and no grading,
clearing, excavations or filling may take place, until the Commission has approved the PUD Master
Plan. The applicant has 180 days from approval to submit the Master Plan to the Commission. Upon
request, the Director may extend this time period by 60 days. If not submitted within this period,
The council may take necessary action to revert the zoning to its previous classification.
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Riverfell Preliminary Master Plan
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5. PUD Master Plan- The PUD Master Plan must conform to the preliminary master plan submitted as the
basis for rezoning. It should incorporate any modifications recommended or required as conditions by
the Commission and Council. Any required conditions must be clearly indicated in the proposed Master
Plan.
6. Effect of Master Plan Approval. The approved Master Plan, as may be amended, is binding on the
applicant and any successors in title so long as PUD zoning applies to the land. Upon approval of the
Master Plan, building or other required permits will be issued in the same manner as applies generally,
provided that any requirements or limitations of the approved Master Plan are observed. If no building
permit or subdivision approval has been requested or other development action taken within 18 months
of Commission approval, the Master Plan must be resubmitted for approval. However, the Director may
grant an extension of up to six months provided sufficient evidence of a good faith effort to begin
development in accordance with the approved Master Plan.
Reviewed by: Tommie Williams, Planner
Recommendation: Approve (Planning Commission makes recommendation to Council)
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Page | 1
Planning Commission
Staff Report
Zoning Map Amendment
ZONING MAP
AMENDMENT
REQUEST:
Proposed Zoning Map Amendment from F.A.R (Forest, Agriculture, and
Recreation), B-2 (General Business), and R-3 (Single-Family) to P.U.D
(Planned Unit Development) located off Highway 82.
MEETING DATE: July 21, 2022
A. BACKGROUND:
Applicant/Representative: Bradley Neave/Halieus, LLC
Owner: RFA I, LLC; RFB I, LLC; RFD I, LLC
Property Location: Highway 82 Bypass
Property Identification:
Elmore County: 2604190001002000, 2604190001002001,
2604180001006002
Autauga County: 19062410000020020
Property Size: 232 +/- acres
Future Land Use Map (FLUM)
Designation: Medium Density/Greenspace
Current Zoning District: B-2 (General-Business) & F.A.R (Forest, Agriculture,
Recreation), and R-3 (Single-Family)
Proposed Zoning District P.U.D (Planned Unit Development)
Existing Land Use: Vacant / Undeveloped Land
B. DEVELOPMENT STATUS & HISTORY:
Previous Requests:
May not be exhaustive N/A
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C. SURROUNDING LAND USE AND ZONING:
D. ANALYSIS:
Proposed Use: The applicant is requesting to rezone 232 +/- acre parcel located off Highway 82 from FAR
(Forest, Agriculture, Recreation), B-2 General Business, and R-3 (Single-Family) to P.U.D (Planned Unit
Development). Parcel is currently vacant and undeveloped. The applicant is proposing a 232 +/- acres of land
with shops, parks, trails, and recreation all within walking distance. The development will have four different
types of dwellings; senior living, multi-family, single-family homes, and townhouses.
Street Connectivity: The proposed Preliminary Master plan will connect to Constitution Ave TO the north,
Highway 82 will be the main entrance, and Cooters Pond will be the possible south
connection. All entrances will have license plate readers as a form of security.
Water/Sewer: Public water and sewer is available
E. COMPREHENSIVE PLAN:
The subject site has a Future Land Use Map (FLUM) designation of Commercial
On April 15, 2021, the Planning Commission adopted an updated Prattville Comprehensive Plan. The Future Land
Use Plan and Map (pg. 40) of the document shows the subject parcel is medium density/greenspace. The City of
Prattville Comp. Plan has a medium density of 4-5 units per acre. This project is proposing an overall unit per acre
of 5.67. Staff believes that due to its proposed location, variety of housing types and uses, the proposed P.U.D
conforms with the Comp. Plan in its character and desired pattern of development. The proposed Zoning Map
Amendment to P.U.D meets the general fabric of the area.
PLANNING STAFF EVALUATION:
The proposed project (Riverfell) encompasses 232 +/- acres of land with shops, parks, trails, and recreation all within
walking distance. Riverfell will have four different types of dwellings; senior living, multi-family, single-family
homes, and townhouses. This will encourage different types of people in different stages of their lives, which inspire
a diverse community and a better quality of life. The P.U.D is consistent with the Comprehensive Plan with paths
and bike trials. As we are currently, working on a new bike plan that will encourage more options outside of
automobiles. Riverfell meets all of the guidelines of a walkable community outlined in the Comp. Plan. Riverfell has
proposed an overall 5.67 units per acre. Riverfell is utilizing design, street systems, and land-use configurations to
establish a community that will be nothing like any community within the city limits of Prattville. The community
has a need for senior living, with investment in development increasing within the last couple of years in the City of
Prattville. Single-family homes have been increasing dramatically for the last 10 years in this area, with the
combination of mixed-use and trails being located within walking distance, Riverfell is meeting a community need.
Direction Land Use Zoning
North Residential (Hedgefield Subdivision) P.U.D
South Undeveloped F.A.R
East Developed (Golf Course) F.A.R
West Residential (McClain Landing) R-3
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The proposed Preliminary Master plan will connect to Constitution Ave to the north, Highway 82 will be the
main entrance, and Cooters Pond will be the possible south connection. All entrances will have license plate
readers as a form of security.
Reviewed by: Tommie Williams, Planner
Recommendation: Approval
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Planning Commission
Staff Report
SUBDIVISION NAME: Resurvey of Lots 2 & 4 of the Map of Prattville East Commercial Plat No. 5
MEETING DATE: July 21, 2022
A. BACKGROUND:
Applicant/Representative: Cross Development CC Prattville, LLC
Owner: Prattville Partners Limited Partnership
Property Location: Southeast corner of E. Main and McQueen Smith Road
Property Identification: Autauga County 19061410010010030 &
19061410010010050
Property Size: 10.92 +/- acres (2 parcels)
Future Land Use Map (FLUM)
Designation: Commercial
Current Zoning District: B-2 (General Business)
Existing Land Use: Multi-Tenant Shopping Center and vacant parcel
B. DEVELOPMENT STATUS & HISTORY:
Previous Requests:
May not be exhaustive
12/13/1989 K-Mart/Delchamps Shopping Center plat - Approved
2/20/1990 - Prattville East Commercial Plat No. 5 Corr - Recorded
6/16/2022 – Prattville East Commercial Plat No. 5 – Denied (access unclear)
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C. SURROUNDING LAND USE AND ZONING:
D. EVALUATION/COMMENTS:
Street Connectivity:
The proposed plat has access to East Main Street via three access drives on the north side of
the property and access to McQueen Smith Road S via two access drives on the east side of
the property. Lot 4 has access to a public road via a proposed access easement.
Water/Sewer:
Existing water and sewer are available at the site.
B-2 (General Business) District Standards:
Lot requirements for uses in B-2 zoning include the following:
MINIMUM SETBACKS AND YARD SIZES:
No setbacks or yard sizes established in B-2 zoning district.
MINIMUM/MAXIMUM LOT SIZE:
It is the intent of the ordinance that lots of sufficient size be used for any business or service use to
provide adequate parking and loading space in addition to the space required for the other operations
of the business or service.
Minimum Area None specified
Minimum Width at Building Line None specified
Maximum Height 65 feet or 5 stories
Maximum Lot Coverage None specified
Direction Land Use Zoning
North Commercial B-2
South Commercial B-2
East Commercial B-2
West Commercial B-2
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Staff Comments:
The proposed preliminary plat, Resurvey of Lots 2 & 4 of the Map of Prattville East Commercial Plat No. 5,
proposes to modify parcel lines within two existing parcels. The modified parcels create a primary lot (Lot 2A) that
includes a portion of the existing shopping center building. Lot 2A will gain an additional access to E. Main from
Lot 4A. This leaves Lot 4A, a currently vacant lot in the southwest corner of the development. The proposed plat
creates a landlocked lot that does not have direct access to a public street. A waiver is required to allow the
subdivision of a parcel that does not have direct access to a public street.
All parcels also have access to existing water and sewer facilities.
City Staff reviewed the Resurvey of Lots 2 & 4 of the Map of Prattville East Commercial Plat No. 5 preliminary
plat and have provided minor comments for developer to address, including documentation of an shared access
agreement granting Lot 4A an Access Easement to access E. Main Street.
Waiver Request:
Applicant is requesting a waiver from the City of Prattville Subdivision Regulations related to creating a non-
conforming lot. Specifically, the waiver request is a request for relief from the Connection to Public Street
requirements for all lots. Please see specific Subdivision regulations in violation below.
Code of Ordinances City of Prattville, Alabama
Appendix B – Subdivision Regulations
Article V. – General Requirements and Minimum Design Standards
Section A. – Conformity to general community plan.
(1) All proposed subdivisions shall conform to the city zoning ordinance and the
community plan.
Section F. – Lots
5. Connection to public street required: Each new lot shall front upon a street whose
right-of-way is not less than fifty (50) feet in width and which is connected with the
public street system.
Reviewed by: Darrell Rigsby, Senior Planner
Recommendation: Approval, including Requested Subdivision Waivers
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Aerial Map - Prattville East Commercial Plat #5
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Future Land Use Map - Prattville East Commercial Plat #5
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THIS INSTRUMENT WAS PREPARED BY:
Robert D. Rives, Esq.
Capell & Howard, P.C.
150 South Perry Street
Montgomery, AL 36104
(334) 241-8000
4849-8913-4324.v2
STATE OF ALABAMA
AUTAUGA COUNTY
DECLARATION OF EASEMENTS,
RESTRICTIONS AND CONDITIONS
This Declaration of Easements, Restrictions and Conditions (this “Declaration”) is made
as of the ____ day of __________, 2022 (the “Declaration Date”), by and between
PRATTVILLE PARTNERS, LIMITED PARTNERSHIP, an Alabama limited partnership
(“Developer”), and CROSS DEVELOPMENT ACQUISITION, LLC, a Texas limited liability
company (“Lot Owner”).
RECITALS
A. Developer owns certain property located in the City of Prattville, Autauga
County, Alabama as further described on Exhibit A attached hereto and made a part hereof, (the
“Developer Tract”); and
B. As of the date of this Declaration, Lot Owner has acquired from Developer a tract
of land adjacent to the Developer Tract as further described on Exhibit B attached hereto and
made a part hereof (“Lot 4A”); and
C. The parties desire to establish certain easements, restrictions and conditions with
regard to their respective tracts.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto agree as follows:
1. Definitions. The following terms shall have the meanings specified below:
(a) Tract or Tracts. The term “Tract” singularly shall mean either the Developer
Tract or Lot 4A as context would permit, and “Tracts” collectively shall mean both the
Developer Tract and the Lot 4A.
(b) Party or Parties. The term “Party” singularly shall mean either Developer, Lot
Owner, or a respective successor or assign, as context would permit, and “Parties” collectively
shall mean Developer and Lot Owner, their respective successors and assigns.
(c) Business Day. The term “business day” shall mean and refer to any day other than
a Saturday, Sunday, or a holiday recognized by the United States government.
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2. Access Easements.
(a) Developer does hereby grant and convey subject to the terms hereof unto Lot
Owner, for the use and benefit of Lot Owner, its employees, invitees, tenants, contractors, and
licensees, and appurtenant to and running with the Lot 4A, a perpetual non-exclusive easement
for vehicular passage, ingress and egress over, across and upon those certain driveways located
on the Developer Tract and identified as Lot Access Driveways on Exhibit C attached hereto
and made a part hereof (collectively the “Lot Access Easement”). Notwithstanding anything to
the contrary, Developer reserves the right to temporarily close all or any portion of the Lot Access
Easement to such extent, as in the reasonable opinion of Developer, may be necessary and sufficient
to prevent a dedication thereof or any accrual of rights in the public generally or in any person other
than the owner of the Lot 4A. Notwithstanding anything herein to the contrary, all transport trucks,
tow trucks, flatbeds, freight trucks, semi-trailer trucks, 18 wheelers, tractor-trailer trucks,
construction vehicles and equipment, heavy machinery, and all other similar heavy vehicles
accessing the Lot 4A are only permitted to use the driveways identified on Exhibit C as the Heavy
Vehicle Driveway, and such vehicles are hereby prohibited from using any other Lot Owner
Access Driveway or any other portion of the Developer Tract.
(b) Lot Owner does hereby grant and convey subject to the terms hereof unto
Developer, for the use and benefit of Developer, its employees, invitees, tenants, contractors, and
licensees, and appurtenant to and running with the Developer Tract, a perpetual non-exclusive
easement for vehicular passage, ingress and egress over, across and upon those certain driveways
located on the Lot 4A and identified as Developer Access Driveways on Exhibit C (collectively,
“Developer Access Easement”). Notwithstanding anything to the contrary, Lot Owner reserves
the right to temporarily close all or any portion of the Developer Access Easement to such extent, as
in the reasonable opinion of Lot Owner, may be necessary and sufficient to prevent a dedication
thereof or any accrual of rights in the public generally or in any person other than the owner of the
Developer Tract.
3. Sign Easement. Developer does hereby grant and convey subject to the terms
hereof unto Lot Owner, for the use and benefit of Lot Owner, and appurtenant to and running
with the Lot 4A, a perpetual exclusive easement upon the portion of the Developer Tract
identified as the Sign Easement on Exhibit C (the “Sign Easement”) for the purpose of
constructing, operating, maintaining, repairing, and replacing one freestanding monument sign
identifying the name of the business operating on the Lot 4A for a use permitted by this
Declaration. The size, character, appearance, location, installation and maintenance of such sign
must (i) comply with all rules, ordinances, regulations and laws of any and all appropriate
governmental authorities, including zoning ordinances, and (ii) receive Developer’s prior written
approval.
4. Drainage Easement. Developer does hereby reserve, declare, grant and convey
subject to the terms hereof unto itself, for the use and benefit of itself, its successors and assigns,
and the Developer Tract, and appurtenant to and running with the Developer Tract, a perpetual
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non-exclusive easement for the discharge, spilling, dumping, and draining of storm water,
rainfall, and other surface or underground water, onto, over, across, through, and under the Lot
4A. Lot Owner reserves the right, at its sole cost and expense, to change, develop, reconfigure,
relocate, diminish and/or increase the drainage ponds, pipes, and other drainage facilities (the
“Drainage Facilities”) on Lot 4A from time to time and to create alternative systems of drainage
over, across, under and through Lot 4A so long as the same actions do not materially and
adversely interfere with the discharge and flow of water from the Developer Tract. The Lot
Owner shall be responsible for the maintenance, repair and replacement of the Drainage
Facilities at its sole cost and expense.
5. General Utilities Easement. Developer does hereby reserve, declare, grant and
convey subject to the terms hereof unto itself, for the use and benefit of itself, its successors and
assigns, and appurtenant to and running with the Developer Tract, a perpetual non-exclusive
easement for the installation, operation, maintenance, repair, replacement and relocation of utilities
and related lines, pipes, and equipment on, in, under, over and/or across the Lot 4A in their current
locations as of the date hereof, or future locations that do not materially and adversely interfere
with the operation of the business then being operated on, or the building located on the Lot 4A,
other than temporary interference while such work is being performed, and Developer agrees to
use diligent good faith efforts to perform such work in a manner and at times as to diminish the
likelihood of any such interference. Except in the event of an emergency, Developer shall
provide at least two (2) days prior written notice to Lot 4A Owner prior to performing any work
related to said easement. Developer shall be responsible for all cost and expense of any such
installation, operation, maintenance, repair, replacement and relocation of such lines, pipes, facilities
and equipment, and for any damage caused to the Lot 4A by a breach by Developer of the
provisions of this paragraph, except that Developer shall have no such responsibilities relating to
any utilities benefitting or operated by public utilities, municipalities or similar entities or for any
damages caused by the Lot Owner or its agents, employees, or contractors.
6. Maintenance.
(a) The Lot Owner shall maintain the Lot 4A and the Sign Easement, including all
buildings, signs, improvements, landscaping, fences, pavement, lighting, parking areas,
sidewalks, aisles, and driveways thereon, in good order and repair and in a clean and sanitary
condition and keep such non-building areas on the Lot 4A properly drained and reasonably free
of debris, standing water, snow, ice, and potholes. Trash, garbage and other debris must be
removed from the parking lots, sidewalks and driveways on the Lot 4A and Sign Easement as
needed but at least on a weekly basis. The Lot Owner shall use its best efforts to prevent trash,
garbage and other debris from blowing or spilling onto, or otherwise littering, the Developer’s
Tract, and shall be responsible for promptly removing any trash, garbage or debris from
Developer’s Tract. Nothing herein shall create or be construed to create any rights in the general
public in and to all or any portion of such area.
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(b) All trash and garbage on the Lot 4A shall be stored in adequate containers outside
of the structure on the Lot 4A provided it is properly contained and such container is properly
screened. No trash or garbage shall be burned at any time in or about the Lot 4A.
(c) The owner of the Lot 4A shall install, preserve, and maintain on the Lot 4A such
shrubbery, trees and other landscaping in an amount harmonious and consistent with the
landscaping of the Developer Tract. In addition, no landscaping on the Lot 4A may adversely
interfere with the visibility of improvements or driving lanes on, or operation of, the Developer’s
Tract.
(d) The Lot Owner shall, at its cost and expense, operate all common area lighting on
the Lot 4A during no less than the hours the lighting on the Common Areas of the Developer
Tract is operated. Lot Owner will install and use such lighting fixtures and equipment as is
shown on plans approved in advance in writing by Developer.
7. Plans and Specifications; Construction.
(a) No building, sign, parking areas, driveways, or other improvement shall be
constructed, or have exterior modifications, on the Lot 4A or Sign Easement unless and until all
plans and specifications (the "Plans") including, without limitation, plans and specifications
relating to and consisting of all aspects of design, exterior elevations, site plan, layout, drainage,
engineering, signage, landscape, screening, and lighting plans, have been approved in advance in
writing by Developer. The Lot 4A and all improvements thereon must company with the
approved Plans, or other Plans subsequently approved by Developer. Developer’s approval shall
not be unreasonably withheld, conditioned, or delayed.
(b) Without limiting Developer’s approval rights under Section 7(a) above, (i) there
shall be only a single building on the Lot 4A, (ii) there shall be maintained on the Lot 4A parking
spaces not less than the greater of (A) ____________ per one thousand (1,000) square feet of
building area (including mezzanines) on the Lot 4A or (B) as required by applicable law or
ordinance, (iii) all dumpsters and compactors, loading and service areas, mechanical and
electrical equipment, storage facilities and bins, and other building appurtenances which may be
aesthetically undesirable shall be screened as Developer requires; (iv) all utilities shall be
entirely underground and there shall be no lines, services, poles, wires or other utility facilities
whether similar or dissimilar which shall be constructed or permitted to remain above ground
level; and (v) roof mounted equipment, roof vents and other roof appurtenances must be
screened from public view from ground level on the Developer Tract.
(c) Developer does hereby grant and convey subject to the terms hereof unto Lot
Owner, for the use and benefit of Lot Owner, and appurtenant to and running with the Lot 4A, a
general temporary construction easement over the portion of the Developer Tract identified as
the Temporary Staging Easement Area on Exhibit C (the “Temporary Staging Easement”) for
the purpose of storing materials and equipment used in the construction of the Lot Owner’s
improvements on the Lot 4A, which easement shall expire on the earlier of the date that is (i)
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thirty (30) days following completion of construction by the Lot Owner, or (ii) twelve (12)
months after the date Lot Owner commences construction on the Lot 4A. No penetrations may
be made to any part of the Temporary Staging Easement Area.
(d) Except as otherwise specifically set out in this Declaration, all construction on the
Lot 4A shall be staged wholly within the Lot 4A. Construction traffic related to the Lot 4A is
only permitted to use the Heavy Vehicle Driveway and is hereby prohibited from using any other
Lot Owner Access Driveways or any other portion of the Developer Tract. Lot Owner shall (or
shall ensure) at all times take any and all safety measures reasonably required to protect
Developer, and tenants, occupants, customers, guests, invitees on the Developer Tract, from
injury or damage caused by or resulting from such construction or construction traffic.
(e) Following the completion of construction work on and around the Lot 4A, the Lot
Owner agrees to perform any work necessary to repair the Heavy Vehicle Driveway, the
Temporary Staging Area, and any other part of the Developer Tract or surrounding area damaged
by or in relation to such construction work to at least as good a condition as it existed prior to the
commencement of its work and reseal and restripe those areas.
8. Developer Tract Restrictions. The Developer Tract shall not be used for any use
which as its primary business provides any automobile, truck, trailer, or recreational vehicles
painting or body shop repairs. Notwithstanding anything to the contrary provided herein, it is
understood and agreed that the foregoing restriction on the Developer Tract shall not apply to
any existing leases or other agreements for occupancy of any space (or expansions thereof) on
the Developer Tract or to any amendments thereto or any extensions or renewals thereof
(whether pursuant to an option, extension or a renewal lease), provided, however, that Developer
shall not amend any existing lease or other agreement for occupancy, or modify the permitted
use clause of same in order to permit any use which would be in violation of the foregoing
restrictions and which would not be permitted under the terms and provisions of the existing
lease or other agreement for occupancy.
9. Lot Restrictions. The following restrictions shall apply to the Lot 4A
(collectively, the “Lot Restrictions”):
(a) The Lot 4A shall not be used for any of the following prohibited uses: Cinema or
any kind of theater, skating rink, bowling alley, discotheque, dance hall, nightclub, amusement
gallery, pool room, massage parlor, tattoo parlor, dry cleaning plant, gymnasium, health spa,
exercise facility or other similar physical fitness or well-being facility, auditorium, , filling
station, convenience store, the sale of gasoline or diesel fuel, consignment or “second hand”
store, antique mall, crematorium, any industrial or manufacturing use, sale of fireworks, any use
which produces dust, dirt or fly ash in excessive quantities, any use which produces noise or
sound that is objectionable due to intermittence, beat, shrillness of loudness, any use which
produces noxious levels of smoke or odor outside a building, abortion or reproduction health
clinic, coin operated laundry or any distilling, assembling, refining, smelting, recycling or
mining operation, adult video store, adult bookstore, pinball or electronic game room, any form
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of gambling, any bar, lounge, club, nightclub, liquor store, a so-called "head shop", funeral parlor
or funeral home, mausoleum, flea market, bingo parlor, a training or education facility (including
but not limited to a beauty school, barber college, reading room or other place of instruction
catering primarily to students rather than customers), cafeteria, grocery super market, drug store,
establishment for the sale of tools and related merchandise, prescription pharmacy or
prescription pharmacy department or any use which would constitute a legal nuisance.
Notwithstanding the foregoing, nothing contained herein shall be construed as to restrict the Lot
4A from being used for a first class automobile, truck, trailer or recreational vehicle painting, or
body shop repair operation, and incidental to such repair work, the leasing and storage of
vehicles, and any such use is expressly permitted on the Lot 4A.
(b) The Lot 4A shall remain one (1) lot and shall not be subdivided.
(c) In the event the improvements are damaged or destroyed, Lot Owner shall
promptly restore the same or raze said improvements and grade and landscape the Lot 4A and
complete such work no later than twelve (12) months after such damage or destruction. In the
event Lot Owner fails to perform as required by this Section 9(c) after any damage or
destruction, Developer shall have an option until said to purchase the Lot 4A from Lot Owner at
the original purchase price reduced by the reasonable estimate of the costs to raze and grade said
improvements and grade and landscape the Lot 4A. Any notice of the exercise of the option
under this Section 9(c) shall be in writing. The closing of the option exercise shall occur within
sixty (60) days of the delivery of Developer’s notice of exercise at a time and place selected by
Developer; provided, however, that such sixty (60) day period shall be extended for any period
of delay caused by or attributable to Lot Owner. At the closing, Lot Owner shall deliver a
statutory warranty deed conveying fee simple title to the Lot to Developer, free and clear of all
outstanding rights of possession and subject only to those matters which constituted permitted
exceptions, as defined in the sales contract between the parties, existing when Developer
conveyed the Lot 4A to Lot Owner. Developer shall pay all closing costs for the exercise of the
option and the closing contemplated thereby (excluding, however, Lot Owner’s attorneys’ fees,
which shall be paid by Lot Owner) and shall pay the purchase price at closing.
(d) Without limiting Developer’s approval rights as otherwise set out in this
Declaration, (i) there shall be only a single building on the Lot 4A, and, (ii) all dumpsters and
compactors shall be screened as Developer requires.
(e) Lot Owner and any subsequent owner shall pay the Owner of the Developer Tract
annual maintenance assessments for the lighting, maintenance and repairs of the Developer Tract
common areas as they may exist from time to time (the "Assessments" and singularly an
"Assessment") due on the last day of each year. Such Assessment shall be made for the year of
Closing based on an annual Assessment of One Thousand and No/100 Dollars ($1,000.00),
prorated for the period of the calendar year subsequent to Closing. On each December 31st
thereafter, the Assessments shall increase by three percent (3.0%) over the amount of the
Assessment for the prior year. If such payments are not made when due, interest shall accrue
thereon at ten percent (10%) per annum until paid. Developer shall have a lien on the Lot 4A
and all further improvements thereon for such payments which, if not paid within fourteen (14)
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days of receipt of notice of default in payment, shall entitle Developer to foreclose on its lien as
mortgages are foreclosed by power of sale in Alabama.
(f) So long as Advance Cash America, its successors or assigns, is a tenant or
occupant on the Developer Tract pursuant to that certain Lease Agreement between Advance
America, Cash Advance Centers of Alabama, Inc. and Prattville Partners, Limited Partnership
(or its predecessors in interest) dated as of August 17, 1999, as amended, replaced, restated,
extended or renewed from time to time, the Lot 4A shall not be used for the primary business of
cash advance and overdraft protection services.
(g) So long as H&R Block, its successors or assigns, is a tenant or occupant on the
Developer Tract pursuant to that certain Lease Agreement between H&R Block Eastern
Enterprises, Inc. and Prattville Partners, Limited Partnership (or its predecessors in interest)
dated as of September 12, 2007, as amended, replaced, restated, extended or renewed from time
to time, the Lot 4A shall not be used for the primary use as financial services business, including,
but not limited to, tax preparation, electronic tax filing and refund anticipation loans.
(h) So long as Premiere Entertainment, L.L.C., d/b/a/ Palm Beach Tan, its successors
or assigns, is a tenant or occupant on the Developer Tract pursuant to that certain Lease
Agreement between Premiere Entertainment, L.L.C. and Prattville Partners, Limited Partnership
(or its predecessors in interest) dated as of December 12, 2000, as amended, replaced, restated,
extended or renewed from time to time, the Lot 4A shall not be used for the primary use as a
tanning salon.
(i) So long as Physicians Choice Dialysis of Alabama, LLC, its successors or
assigns, is a tenant or occupant on the Developer Tract pursuant to that certain Lease Agreement
between Physicians Choice Dialysis of Alabama, LLC and Prattville Partners, Limited
Partnership (or its predecessors in interest) dated as of June 25, 2018, as amended, replaced,
restated, extended or renewed from time to time, the Lot 4A shall not be used by a business that
derives more than ten percent (10%) of its revenues at that location from renal dialysis, renal
dialysis homo training, any aphaeresis service(s) or similar blood separation or cell collection
procedures, except services involving the collection of blood or blood components, and in
addition, no advertisement for any such business may be displayed on the Lot 4A.
Unless expressly provided to the contrary, the Lot Restrictions shall constitute perpetual
covenants running with the Lot 4A, burdening the Lot 4A and benefiting the Developer Tract and
the owner(s) and mortgagees(s) thereof. With respect to the Lot Restrictions contained in Section
9(f) – (i) above, the specified prohibited uses may also be enforced by any occupant of space in the
Developer Tract who, under the express terms of such occupant’s lease or agreement, (i) is the
beneficiary of such prohibited use, and (ii) is granted rights of enforcement of such prohibited use
or uses.
10. Indemnity. Lot Owner hereby agrees to indemnify, defend and hold Developer
harmless from and against any liabilities, losses, damages, causes of action, suits, claims,
investigations, or expenses (including reasonable attorneys’ fees) in connection with any death of
or bodily or personal injury to any person or persons or any damage to or loss or destruction of
any property arising or resulting from, out of or in connection with the occupancy or use of the
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Lot 4A, or any part thereof, or of any of the easements or other rights benefiting the Lot 4A
(including those created by this Declaration), or of any other part of the Developer Tract, by Lot
Owner, its contractors, subcontractors or their respective officers, members, managers, agents,
servants, employees, tenants, contractors, licensees, customers or invitees (collectively the “Lot
Owner Parties”), or occasioned wholly or in part by any negligence or other misconduct of Lot
Owner or any Lot Owner Party; provided, however, that Lot Owner shall have no obligation to
indemnify, defend and hold Developer harmless from and against any liabilities, causes of
action, suits, claims, investigations, expenses or other damages (including reasonable attorneys’
fees) resulting or arising from the negligence or other misconduct of Developer and its tenants
and their respective employees, agents, invitees, customers and licensees.
11. Insurance. Lot Owner and its successors and assigns in ownership of the Lot 4A
shall (i) at all times carry and maintain, at its sole cost and expense, commercial general liability
insurance on an occurrence form, including contractual liability, personal and bodily injury, and
property damage insurance, with a combined single limit in an amount of not less than
$2,000,000 per occurrence and an aggregate limit of not less than $4,000,000, (ii) name the
owner of the Developer Tract as an additional insured under such insurance policy, and (iii)
provide a certificate of insurance evidencing such coverage to the owner of the Developer Tract
upon written request. Such insurance shall contain a clause stating that there shall be no
reduction, cancellation, or non-renewal of coverage without giving the owner of the Developer
Tract thirty (30) days prior written notice. Without limiting the foregoing, such insurance shall
cover the Lot Owner’s construction work and indemnification obligations set out in this
Declaration.
12. Compliance With Laws. Anything stated to the contrary notwithstanding, all of
operations and activities on the Lot 4A, including without limitation, construction activities
buildings, signs, landscaping and other improvements whatsoever, must comply with, and are
subject to, all statues, codes, ordinances, rules, regulations and laws of any and all appropriate
governmental authorities, all easements, covenants, conditions, restrictions, or reservations of
record in the Office of the Judge of Probate of Autauga County, Alabama as of the date hereof,
and all matters that would be revealed by an accurate survey of the Lot 4A, Developer Tract and
areas covered by and surrounding the easements granted hereby.
13. Successors, Assigns. This Declaration and the easements, covenants, benefits and
obligations created hereby shall inure to the benefit of and be binding upon each party hereto and
its assigns, grantees and successors-in-interest and shall be deemed to benefit and run with the
land comprising both Tracts.
14. Injunctive Relief. In the event of any violation or threatened violation of any
provision in this Declaration by either Party, or any lessee or occupant of any portion of a Tract,
the injured Party shall have the right, in addition to any other remedies that may be available, at
law or in equity, to enjoin such violation or threatened violation.
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15. Modification. Notwithstanding anything to the contrary, this Declaration may not
be modified in any respect whatsoever or rescinded, in whole or in part, except with the written
consent of the owners of the Lot 4A and the Developer Tract (and if the Developer Tract has at
that time been subdivided, then as to the Developer Tract, only the consent of the owner of the
portion of the Developer Tract which is burdened by the Lot Access Easement, Developer
Access Easement, and Sign Easement shall be required for changes to those areas, and the
consent of the owner of the majority land in what is currently the Developer Tract shall be
required for other changes).
16. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or
dedication of any portion of any Tract to the general public or for any public purposes
whatsoever, it being the intention of the parties that this Declaration shall be strictly limited to
and for the purposes herein expressed.
17. Breach Shall Not Permit Termination. No breach of this Declaration shall entitle
either Party to cancel, rescind or otherwise terminate this Declaration, but such limitation shall
not affect in any manner any other rights or remedies which such Party may have hereunder by
reasons of any breach of this Declaration.
18. Attorneys’ Fees. In the event legal proceedings are brought or commenced to
enforce any of the terms of this Declaration the prevailing Party in such action shall be entitled
to receive, and shall receive from the non-prevailing Party, a reasonable sum as attorneys’ fees
and costs to the extent permitted by applicable law.
19. Time. Time is of the essence in this Declaration.
20. Notices. Any notice or demand given or served by one party to the other shall not
be deemed to have been duly given or served unless in writing and forwarded by certified mail,
postage prepaid, or by a recognized overnight courier service (such as Airborne Express or
Federal Express), addressed as follows:
Developer: Prattville Partners, Limited Partnership
3500 Eastern Boulevard
Montgomery, Alabama 36116
Attn: Legal Department
Lot Owner: Cross Development Acquisition, LLC
4336 Marsh ridge Road
Carrollton, TX 75010
Attention: _________
Notices and demands shall be deemed effective upon: (i) in the case of personal delivery, on the
date of delivery; (ii) on the day of the first attempted delivery on a business day after the same is
deposited in any official depository or receptacle of the United States Postal Service first class
certified mail, return receipt requested, postage prepaid; and (iii) on the day of the first attempted
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delivery on a business day after the same is deposited with a nationally recognized overnight
delivery service that guarantees overnight delivery; provided, however, if the day of such notice,
demand, request or communication shall be deemed to have been given and received as aforesaid
is not a business day or if delivery is made after 5:00 p.m. Mobile Alabama time on any business
day, such notice, demand, request or communication shall be deemed to have been given and
received on the next business day. The person and place to which notices are to be sent may be
changed by a Party upon written notice to the other party.
21. Captions. The captions in this Declaration are for convenience only and do not
constitute a part of the provisions hereof.
22. Severability. In the event any of the provisions, or portions thereof, of this
Declaration are held to be unenforceable or invalid by any court, the validity and enforceability
of the remaining provisions, or portions thereof, shall not be affected thereby.
23. Pronouns. When required by context, the singular shall include the plural and the
neuter gender shall include a person, partnership, corporation, limited liability company, firm,
association or other business arrangement.
24. Counterparts. This Declaration may be executed in counterparts each of which
deemed an original hereof. Furthermore, complete execution of this Declaration shall exist if
counterparts thereof, taken together, reflect execution by all parties.
25. Choice of Law. This Declaration shall be governed by and construed in
accordance with the laws of the State of Alabama.
26. Waiver of Jury Trial. To the extent permitted by applicable law, Developer and
Lot Owner, for themselves and their respective heirs, estates, personal representatives,
successors and assigns, knowingly, voluntarily and intelligently waive all right to trial by jury in
any action or proceeding to enforce or defend any rights or remedies under this Declaration.
27. Venue. Each party to this Declaration does hereby submit to the jurisdiction of
the courts of the state in which the Tracts are located and stipulates and agrees that any state or
federal court of competent jurisdiction located in the state in which the Tracts are located shall
have jurisdiction to hear and finally determine any claim, dispute, controversy or action arising
out of this Declaration.
28. Interpretation. The Parties hereby agree that each Party has reviewed and had the
opportunity to review this Declaration, and each Party has had the opportunity, whether
exercised or not, to have each respective Party’s attorney review this Declaration. Accordingly,
the normal rule of construction to the effect that any ambiguities are resolved against the drafting
party shall not be employed in the interpretation of this Declaration.
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29. Incorporation. All exhibits and schedules attached hereto, or to be attached hereto
and all other agreements and instruments referred to herein are hereby incorporated by reference
into this Declaration as fully as if copied herein verbatim.
30. No Cross-Parking Easements. This Declaration does not establish, and is not
intended to establish, any parking easement on the Developer Tract in favor of the Lot 4A, or on
the Lot 4A in favor of the Developer Tract.
IN WITNESS WHEREOF, this Declaration has been executed as of the date first above
written.
[SIGNATURES BEGIN ON NEXT PAGE]
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[SIGNATURE PAGE TO DECLARATION OF EASEMENTS, RESTRICTIONS AND
CONDITIONS BETWEEN PRATTVILLE PARTNERS, LIMITED PARTNERSHIP, AN
ALABAMA LIMITED PARTNERSHIP AND CROSS DEVELOPMENT ACQUISITION,
LLC, A TEXAS LIMITED LIABILITY COMPANY.]
DEVELOPER:
PRATTVILE PARTNERS, LIMITED
PARTNERSHIP,
an Alabama Limited Partnership
By: Prattville Retail, Inc.
Its: General Partner
By:
Name:
Title: ______________________________
STATE OF ALABAMA )
MONTGOMERY COUNTY )
I, the undersigned, a notary public in and for said County in said State, hereby certify that
___________________________ whose name as ________________________ of Prattville
Retail, Inc., an Alabama corporation, the General Partner of PRATTVILLE PARTNERS,
LIMITED PARTNERSHIP, an Alabama limited partnership, is signed to the foregoing
conveyance, and who is known to me, acknowledged before me on this day that, being informed
of the contents of the conveyance, (s)he, as such officer and with full authority, executed the
same voluntarily on the day the same bears date for and as the act of said corporation in its
capacity as general partner of said limited partnership.
Given under my hand this _____ day of ______________, 2021.
________________________________
Notary Public
My Commission Expires:___________
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[SIGNATURE PAGE TO DECLARATION OF EASEMENTS, RESTRICTIONS AND
CONDITIONS BETWEEN PRATTVILLE PARTNERS, LIMITED PARTNERSHIP, AN
ALABAMA LIMITED PARTNERSHIP AND CROSS DEVELOPMENT ACQUISITION,
LLC, A TEXAS LIMITED LIABILITY COMPANY.]
LOT OWNER:
CROSS DEVELOPMENT ACQUISITION, LLC,
a Texas limited liability company
By: ______________________________
Name: ______________________________
Its: ______________________________
STATE OF _________________ )
________________ COUNTY )
I, the undersigned, a notary public in and for said County in said State, hereby certify that
__________________ whose name as ____________ of CROSS DEVELOPMENT
ACQUISITION, LLC a Texas limited liability company, is signed to the foregoing conveyance,
and who is known to me, acknowledged before me on this day that, being informed of the
contents of the conveyance, (s)he, as such ______________ and with full authority, executed the
same voluntarily on the day the same bears date for and as the act of said limited liability
company on the day the same bears date.
Given under my hand this _____ day of ___________, 2021.
________________________________
Notary Public
My Commission Expires:___________
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EXHIBIT A
Legal Description of Developer Tract
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EXHIBIT B
Legal Description of Lot 4A
[Insert platted description]
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EXHIBIT C
Site Drawing
The sole purpose of this Exhibit is to illustrate the location of the Lot Access Easement,
Developer Access Easement, Heavy Vehicle Driveway, Sign Easement, _______________. No
representation or warranty is made concerning any other information shown hereon.
[The following is for draft purposes]
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102 West Main Street \ Prattville, AL 36067 \ 334. 595.05 00 \ prattvilleal.gov
BILL GILLESPIE, JR.
MAYOR
J. SCOTT STEPHENS, AICP DIRECTOR
MEMORANDUM
TO: Prattville Planning Commission
FROM: J. Scott Stephens, Director of Planning & Development
DATE: July 15, 2022
RE: New Subdivision Regulations
Please find attached most the recent draft of the proposed, new Subdivision Regulations (marked
“Exhibit A,” dated 7/12/2022 in the footer).
The Engineering, Public Works, and Planning Departments, Fire Marshal’s office, and Prattville
Water Works Board have all provided comments. Copies have also been shared with the Autauga
County and Elmore County health departments, as well as many local operating surveyors and
engineers.
The attached reflects comments received during the work session the Commission held on July 6th.
If the Commission desires to consider adopting new Subdivision Regulations, a public hearing will
need to be held.
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Table of Contents
Article I – General Provisions......................................................................................................... 3
1.1 Title .................................................................................................................................. 3
1.2 Enactment and Authority ................................................................................................. 3
1.3 Jurisdiction ....................................................................................................................... 3
1.4 Purposes and Policy ......................................................................................................... 3
1.5 Interpretation, Conflict, and Separability ......................................................................... 3
1.6 Saving Provision .............................................................................................................. 4
1.7 Amendments..................................................................................................................... 4
1.8 Waivers............................................................................................................................. 4
1.9 Enforcement, Violations, and Penalties ........................................................................... 5
1.10 Fees...................................................................................................................................... 5
Article II – Definitions .................................................................................................................... 6
2.1 Usage ..................................................................................................................................... 6
2.2 Words and Terms Defined .................................................................................................... 6
Article III – Subdivision Application Procedure and Approval Process ........................................ 9
3.1 General .................................................................................................................................. 9
3.2 Predesign Meeting ................................................................................................................. 9
3.3 Master Plan ............................................................................................................................ 9
3.4 Preliminary Plat ..................................................................................................................... 9
3.5 Construction Plans............................................................................................................... 10
3.6 As-Built Plans ..................................................................................................................... 11
3.7 Final Plat ............................................................................................................................. 11
3.8 Sketch Plan .......................................................................................................................... 12
3.9 Minor Subdivisions ............................................................................................................. 12
Article IV – Requirements for Design and Improvements ........................................................... 13
4.1 General ................................................................................................................................ 13
4.2 Conformity to Community Plan .......................................................................................... 13
4.3 Streets .................................................................................................................................. 13
4.4 Easements ............................................................................................................................ 15
4.5 Blocks .................................................................................................................................. 16
Exhibit A
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4.6 Lots ...................................................................................................................................... 16
4.7 Preservation of Natural Features ......................................................................................... 17
4.8 Names and Lot Numbers ..................................................................................................... 17
4.9 Public Sites and Open Spaces ............................................................................................. 17
4.10 Stormwater and Drainage .................................................................................................. 17
4.11 Sanitary Sewer................................................................................................................... 18
4.12 Water ................................................................................................................................. 19
4.13 Other Utilities .................................................................................................................... 19
4.14 Monuments and Markers ................................................................................................... 19
Article V – Specifications for Documents to be Submitted .......................................................... 19
5.1 Master Plans ........................................................................................................................ 19
5.2 Preliminary Plats ................................................................................................................. 20
5.3 Construction Plans............................................................................................................... 21
5.4 As-built Plans ...................................................................................................................... 21
5.5 Final Plats ............................................................................................................................ 22
Article VI – Procedures for Inspection, Approval, and Acceptance of Subdivisions ................... 23
6.1 Initial Construction .............................................................................................................. 23
6.2 Guarantee of Improvements ................................................................................................ 24
6.3 Final Inspection Before Expiration of Bond ....................................................................... 25
6.4 Acceptance of Improvements .............................................................................................. 25
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Article I – General Provisions
1.1 Title
These regulations shall be known as the Subdivision Regulations of Prattville, Alabama
(hereinafter the “Subdivision Regulations” or “these regulations”).
1.2 Enactment and Authority
These regulations are adopted by the Prattville Planning Commission under authority of Title 11,
Chapter 52, Code of Alabama 1975, as amended.
1.3 Jurisdiction
These regulations shall govern all subdivision of land within the corporate limits of the City of
Prattville, Alabama. Territory outside of the corporate limits as determined by any agreement
between the Prattville Planning Commission, the City of Prattville, and the County Commissions
of Autauga County or Elmore County, respectively, pursuant to Code of Alabama 1975, §11-52-
30, will also be governed by these regulations.
1.4 Purposes and Policy
These regulations are adopted for the following purposes:
a) To provide for the proper arrangement of streets, and the provisions as to the extent to
which streets and other ways shall be graded and improved;
b) To provide for adequate and convenient open spaces for traffic, utilities, access of fire-
fighting apparatus, recreation, and light and air;
c) To provide for the avoidance of congestion of population;
d) To provide for minimum lot widths and areas;
e) To provide efficient provision of utilities and other services.
It is the policy of the Prattville Planning Commission to protect and provide for the public health,
safety, and general welfare of the City of Prattville, its citizens, and its environs.
1.5 Interpretation, Conflict, and Separability
1. Interpretation. In their interpretation and application, the provisions of these regulations
shall be held to be the minimum requirements for the promotion of the public health,
safety, and general welfare. These regulations shall be construed broadly to promote the
purposes for which they are adopted.
2. Conflict. These regulations are not intended to interfere with, abrogate, or annul any
other ordinance, law, rule, regulation, statute, or other provision of law except as
provided in these regulations. Where any provision of these regulations imposes
restrictions different from those imposed by any other ordinance, law, rule, or regulation,
whichever provisions are more restrictive or impose higher standards shall control. These
regulations are not intended to abrogate any easement, covenant, or any other private
agreement or restriction, provided that where the provisions of these regulations are more
restrictive or impose higher standards than such easement, covenant, or other private
agreement or restriction, the provisions of these regulations shall govern. Where
provisions of the easement, covenant, or other private agreement or restriction impose
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duties and obligations more restrictive, or higher standards than the requirements of these
regulations, or the determinations of the Planning Commission in approving a subdivision
or in enforcing these regulations, and the private provisions are not inconsistent with
these regulations or the determinations made under these regulations, then such private
provisions shall be operative and supplemental to these regulations, provided however
that such private provisions do not conflict with public policy.
3. Separability. If any part or provision of these regulations or application thereof to any
person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgement shall be confined in its operation to the part, provision, or application directly
involved in the controversy in which such judgement shall have been rendered, and shall
not affect or impair the validity of the remainder of these regulations or the application
thereof to other persons or circumstances. The Planning Commission hereby declares that
it would have enacted the remainder of these regulations even without any such part,
provision, or application which is judged to be invalid.
1.6 Saving Provision
These regulations shall not be construed as abating any action now pending under, or by virtue
of, prior existing subdivision regulations, or as discontinuing, abating, modifying, or altering any
penalty accruing or about to accrue, or as affecting the liability of any person, firm, or
corporation, or as waiving any right of the City under any section or provision existing at the
time of adoption of these regulations, or as vacating or annulling any rights obtained by any
person, firm, or corporation by lawful action of the City, except as shall be expressly provided
for in these regulations.
1.7 Amendments
The Planning Commission may from time to time amend these regulations as prescribed by law.
1.8 Waivers
1. General. Where the Planning Commission finds that hardships or practical difficulties
may result from strict compliance with these regulations and/or the purposes of these
regulations may be served to a greater extent by an alternative proposal, it may waive or
vary these subdivision regulations so that substantial justice may be done and the public
interest secured, provided that such waiver shall not have the effect of nullifying the
intent and purpose of these regulations. Further provided, the Planning Commission shall
not approve waivers unless it is determined that:
a. The granting of the waiver will not be detrimental to the public safety, health, or
welfare or injurious to other property;
b. The relief sought will not vary the provisions of the Zoning Ordinance.
2. Conditions. In approving waivers, the Planning Commission may require such
conditions as will, in its judgement, secure substantially the purposes and policy of these
regulations.
3. Procedures. A request for a waiver shall be submitted in writing with the preliminary
plat for the consideration of the Planning Commission. The request shall state fully the
grounds for the request and all of the facts relied upon by the petitioner.
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1.9 Enforcement, Violations, and Penalties
1. Enforcement. It shall be the duty of the Planning Director, or designee(s), to enforce
these regulations.
2. Violations and Penalties. If the owner or agent of the owner of any land located within
a subdivision conveys, transfers, or sells any land by reference to or exhibition of or by
other use of a plat of a subdivision before the plat has been approved and recorded then
the City of Prattville may enforce such penalties, including fines or court injunction, as
provided for in § 11-52-33 of the Code of Alabama, 1975, as amended.
1.10 Fees
Applicable fees are determined by the Prattville City Council.
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Article II – Definitions
2.1 Usage
1. For the purposes of these regulations, certain numbers, abbreviations, terms, and words
shall be used, interpreted, and defined as set forth in this article.
2. Unless the context clearly indicates to the contrary, words used in the present tense
include the future tense and words used in the plural include the singular.
3. In interpreting words and phrases not otherwise defined, every day and common usages
and understanding shall apply, and external sources may be consulted for guidance.
4. May also use the Zoning Ordinance of Prattville, Alabama, for additional definitions.
2.2 Words and Terms Defined
City Council: Shall mean the governing body of the City of Prattville, Alabama.
City: Shall mean the City of Prattville, Alabama
City Engineer: The department head of the Engineering Department of the City of Prattville.
Community plan: Shall mean any legally adopted part or element of the general community plan
of the City of Prattville or its environs. This may include but is not limited to: the zoning
ordinance, subdivision regulations, community facilities plan, major street plan, capital
improvements program, land use plan, or comprehensive plan. Such plan may also be referred to
or known as the comprehensive plan or master plan. This does not include a master plan created
for the concept or phasing of a subdivision.
Developer: the person or company who is improving a parcel of land and who may or may not
be the owner of the property
Easement: A grant by the property owner for use, by the public, a corporation, or person(s), for
specified purposes. Examples include access easement, drainage easement, or utility easement.
Final plat: Shall mean a plat of a tract of land which meets the requirements of these regulations
and is in the form for recording in the office of the Probate Judge of Autauga County or Elmore
County depending on the location of the subdivision.
Health department: Shall mean the health department of the specific county in which the
subdivision is located.
Lot: Shall mean a parcel of land intended for transfer of ownership or for building development.
The following are special types of lots:
1. Corner lot: A lot abutting upon two or more streets at their intersection.
2. Single tier lot: A lot which backs upon a limited access highway, a railroad, a physical
barrier, residential, nonresidential use and to which access from the rear of the lot is
usually prohibited.
3. Double frontage lot: A continuous lot of the same depth as the width of a block
containing two tiers of lots and which is accessible from both the streets upon which it
fronts.
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Master drainage plan: Shall mean any drainage plan or element thereof which has been
approved by the City Engineer, Public Works Director, or adopted by the Planning Commission.
Minor Subdivision: A minor subdivision consists of the subdivision of land into not more than
three lots or a reduction of the number of lots in an existing subdivision. The developer of a
minor subdivision approved by the Planning Commission shall not require any public
improvements, the dedication of a public way, or the expenditure of any public funds, and the
plan for the minor subdivision shall not conflict with the master plan, official zoning map,
zoning ordinance, or any other subdivision regulations. A minor subdivision may be
administratively approved without a public hearing, provided, however, that the Planning
Director or the City Engineer shall have the authority to send any proposed minor subdivision to
the Planning Commission for consideration regardless of it meeting the definition of a minor
subdivision. (Ref: Alabama Code § 11-52-31)
Planning Commission: Shall mean the Planning Commission of the City of Prattville, Alabama.
Planning Director: The department head of the Planning and Development Department of the
City of Prattville. May also be called the City Planner.
Planning Jurisdiction: The territorial jurisdiction of the Prattville Planning Commission, which
includes all land within the corporate limits and may contain certain areas outside of the
corporate limits.
Prattville Public Works Manual: The current edition of the Prattville Public Works Manual,
which is a document containing the specifications, design standards, and regulations governing
all public works, infrastructure, or other works offered for public maintenance occurring within
the corporate limits of the City of Prattville, or where applicable, on private land and in the
police jurisdiction. Includes appendices such as street specifications and sewer specifications.
Probate Judge: Shall mean the judge of probate of the county in which the subdivision is to be
located.
Public Works Director: The department head of the Public Works Department of the City of
Prattville.
Right-of-way: A strip of land acquired through reservation, dedication, prescription, or
condemnation and intended to be occupied by a street, sidewalk, trail, utility line, or other public
facilities. May be abbreviated as ROW.
Setback line: A line parallel to the corresponding lot line at the yard depth required in the
applicable district.
Streets: Shall mean a way for vehicular traffic whether designated as a street, highway,
thoroughfare, parkway, road, avenue, boulevard, lane, place, or other name. For the purpose of
these regulations the following types of streets are recognized regardless of their name:
1. Arterial or major streets: Are those streets which are primarily for fast or heavy traffic.
Such streets are often called boulevards, highways, or parkways.
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2. Collector streets: Are those streets that carry traffic from minor streets to the system of
boulevards, avenues, arterial and minor streets, including the principal entrance streets of
a residential development and streets for circulation within such development.
3. Minor streets: Are those streets which are used primarily for access to abutting properties.
4. Alleys: These are minor streets used primarily for vehicular or service access to the back
or side of property abutting on another street.
Subdivider: Shall mean the person(s), firm(s), or corporation(s) owning land which is subject to a
proposed or accepted subdivision. May also include the attorney, civil engineer, architect,
registered surveyor, planner, or other person who is the agent of the owner(s) of land proposed
for subdivision.
Subdivision: Shall mean the division of a lot, tract, or parcel of land into two or more lots, plats,
sites, or other divisions of land for the purpose, whether immediate or future, of sale, of lease, or
of building development. The term includes resubdivision and, when appropriate to the context,
relates to the process of subdividing or to the land or territory subdivided. (Ref: Alabama Code §
11-52-1)
Zoning Ordinance: the zoning ordinance adopted by the City Council of the City of Prattville.
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Article III – Subdivision Application Procedure and Approval Process
3.1 General
Before any land is subdivided, the owner of the property proposed to be subdivided, or the
owner’s authorized agent, shall apply for and secure approval of the proposed subdivision in
accordance with the following procedures. No land owner or developer shall proceed with
improvements without an approved preliminary plat, constructions plans, and/or appropriate
permits issued by the City of Prattville.
3.2 Predesign Meeting
Before submitting an application for a preliminary plat, master plan, or sketch plan for a
subdivision, the subdivider’s or developer’s engineer or surveyor shall confer and meet with the
staff of the Planning Department. Representatives of other city departments and other affected
agencies may be invited as appropriate to discuss the conceptual plan. This meeting is
mandatory unless waived by the Planning Director.
3.3 Master Plan
1. A developer presenting a preliminary plat who owns, leases, or has options to purchase
twenty or more acres of additional vacant land contiguous to, but not included in, said
preliminary plat, shall also submit a master plan depicting the proposed future
development of the additional land, provided that the developer may submit a written
request setting forth reasons why the development of the remaining land within the
foreseeable future is extremely unlikely. If the Planning Director concurs, the master plan
requirement may be waived. At the Planning Commission Chairman’s discretion, public
input may be received on the Master Plan during the meeting it is presented.
2. Where any development site is to be developed in stages or phases, no preliminary plat
for any fraction of the site shall be accepted for review unless a master plan is submitted
or has been previously approved.
3. The master plan shall be a conceptual plan showing the entire development site and all
component stages or phases, and shall express the overall development concept for the
site at build-out.
4. If the Planning Director finds that any proposed preliminary plat substantially deviates
from the approved master plan, a revised master plan must be approved by the Planning
Commission prior to approval of further plats within the development. Examples of a
substantial deviation includes an increase in the overall lot density; change in number of
entrances, connections, or stub outs; decrease in proposed open space or amenity areas.
5. Master plan applications shall be submitted to the Planning Department using forms
supplied by the department.
3.4 Preliminary Plat
1. If a master plan is required for a site, a proposed preliminary plat must be in substantial
compliance with a previously approved master plan. A master plan and preliminary plat
may be applied for simultaneously and heard at the same Planning Commission meeting.
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2. Preliminary Plat application shall be made on forms available from the Planning
Department. Manner of submission, number and type of copies (e.g. paper or electronic),
shall be determined by the Planning Director.
3. Upon receipt of a complete Preliminary Plat application, along with all necessary
supporting documentation and information and required fees, the Planning Director shall
place the request on the agenda of the next available Planning Commission meeting to
have a public hearing and be reviewed by the Commission.
4. The Planning Department shall provide notice of the public hearing as required pursuant
to Chapter 52, Title 11, Code of Alabama 1975, as amended.
5. The Planning Director shall distribute copies of the plat and application to the
Engineering Department, Public Works Department, and other departments and agencies
as appropriate. Such departments and agencies shall submit their comments, if any, to
the Planning Director to be provided to the Planning Commission.
6. The Planning Commission shall approve, approve conditionally, or disapprove a plat
within 30 days of the public hearing and meeting in which it was considered; however,
the applicant may waive this requirement and consent to an extension of such period. If a
plat is disapproved, the reasons for disapproval shall be stated in the minutes of the
meeting.
7. The approval of a Preliminary Plat shall be effective for a period of 18 months from the
date that the plat was approved by the Planning Commission, at the end of which time the
applicant must have submitted a Final Plat for approval. If the subdivision is under active
construction, the Planning Director may authorize a one-time extension of no more than
90 days, otherwise, the applicant may request an extension of no more than 180 days at a
time from the Planning Commission. The request must appear before the Planning
Commission prior to the end of the approval period. If the approval time is lapsed, then
preliminary approval shall be null and void, and the applicant must submit a new
Preliminary Plat subject to current ordinances and regulations. It is the responsibility of
the subdivider to request any needed extensions.
8. The approval of a Preliminary Plat shall be construed to be a conditional and revocable
approval of the Final Plat, conditioned upon the satisfactory completion and/or bonding
of all required improvements and the presentation of a Final Plat meeting all
requirements set forth in these regulations. Approval of a Preliminary Plat is not
permission to begin clearing or grading of the site or construction of any improvements.
Approval of a plat shall not be deemed to constitute or effect an acceptance by the City of
any street, improvement, or open space shown upon the plat.
3.5 Construction Plans
The developer shall submit construction drawings setting forth plans, profiles, and information
necessary for engineering consideration for the construction of all proposed improvements and
infrastructure for review and approval prior to the commencement of construction on the
proposed subdivision. The City Engineer may require additional information as necessary.
Plans shall comply with approved Preliminary Plat and Prattville Public Works Manual. Along
with plans and profiles, the developer shall furnish a typical street cross-section depicting where
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each buried system is proposed to be located, terrain and other factors permitting. Once
construction plans are reviewed and approved, and permits issued, construction on the site may
begin.
3.6 As-Built Plans
The developer shall submit an as-built survey of all infrastructure and utilities, including streets,
sidewalks, sanitary sewer and storm drainage facilities, and water lines, with plan and other pertinent information, which may include profile if necessary, prior to final plat approval. Redlined or mark-up of approved construction plans may be acceptable.
3.7 Final Plat
1. Final Plat application shall be made on forms available from the Planning Department.
Manner of submission, number and type of copies (e.g. paper or electronic), shall be
determined by the Planning Director.
2. Upon receipt of a complete Final Plat application, along with all necessary supporting
documentation and information and required fees, the Planning Director shall distribute
copies of the plat and application to the Engineering Department, Public Works
Department, and other departments and agencies as appropriate for review. The applicant
will be notified of all deficiencies in writing.
3. The City Engineer shall not sign the Final Plat unless the following conditions, if
required, are met:
a. All public infrastructure as shown on the Preliminary Plat and/or Construction
Plans, or as otherwise required by these regulations has been properly installed
and approved; or
b. All public infrastructure as shown on the Preliminary Plat has been properly
installed and approved with the exception of the final wearing layer of asphalt
and/or sidewalks, both of which may be guaranteed through a performance
guarantee.
4. The Public Works Director shall not sign the Final Plat unless the following conditions, if
required, are met:
a. An approved, signed Operation and Maintenance Agreement (OMA) has been
submitted;
b. An approved, signed Escrow Maintenance Agreement has been submitted.
5. The Planning Director shall not sign the Final Plat unless the following conditions are
met:
a. The Planning Director has determined the Final Plat is in substantial compliance
with the approved Preliminary Plat, and if not, a revised preliminary plat must be
approved by the Planning Commission.
b. All required maintenance and performance guarantees have been submitted and
approved.
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6. The Final Plat must be recorded in the appropriate judge of probate office(s) within 30
days of the last signature from the City Engineer, Public Works Director, or Planning
Director. No building permits, site plans, or certificates of occupancy shall be authorized
until a copy of the recorded Final Plat, along with relevant, recorded covenants or
restrictions, has been delivered to the Planning Department.
3.8 Sketch Plan
A sketch plan is a non-binding, optional precursor to a preliminary plat. The purpose of a
sketch plan is to give the subdivider an opportunity to confer with the City staff and
Planning Commission prior to submitting a master plan or preliminary plat. At the
Planning Commission Chairman’s discretion, public input may be received on the sketch
plan during the meeting it is presented.
3.9 Minor Subdivisions
If in the opinion of the Planning Director and City Engineer, a Preliminary Plat is not
necessary, and a proposed subdivision meets the definition of a minor subdivision, a
subdivider may submit only a Final Plat for administrative review and approval.
Subdivisions that require public infrastructure or have a request to waive any other
provision of these regulations must receive a public hearing and be considered by the
Planning Commission.
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Article IV – Requirements for Design and Improvements
4.1 General
1. In the event that other specifications for the construction of streets, drainage structures, or
other improvements in the city are adopted which conflict with the requirements of these
regulations, then the more stringent or restrictive requirement shall govern the
construction of subdivision improvements.
2. No preliminary plat shall be approved unless the Planning Commission determines that
public facilities will be adequate to support and service the area of the proposed
subdivision, including, but not limited to streets and sewer infrastructure.
4.2 Conformity to Community Plan
All proposed subdivisions shall substantially conform to any current master plan, street plan,
comprehensive plan, element of a comprehensive plan, or neighborhood plan which has been
adopted by the Planning Commission or the City Council. Each subdivision shall be made as
compatible as possible with adjoining lands in regard to street connections, utilities, and open
spaces.
4.3 Streets
1. Arrangement of Streets. The arrangement, character, extent, width, grade, and
locations of all streets shall conform to the community plan and shall be considered in
relation to existing and proposed streets, topographical conditions, public convenience
and safety, and their appropriate relation to proposed land uses served by such streets.
Where such is not shown in the community plan, the arrangement of streets in a
subdivision shall either (a) provide for the continuation or appropriate projection of
existing major streets in surrounding area, or (b) conform to a plan for the neighborhood
approved or adopted by the Planning Commission. Collector and higher classification
streets are not primarily intended to provide access to abutting property. To the extent
reasonably permitted by the terrain and other circumstances, subdivisions shall be laid
out so as to minimize or eliminate the need for driveways entering such streets. Where
there is no practical alternative to platting lots which must have driveway access to such
streets, the use of access easements are encouraged and may be required to permit sharing
entry points. The Planning Commission may exercise reasonable discretion in
determining whether this requirement has been satisfied in each particular case.
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2. Right-of-Way Widths. Street right-of-way widths shall be as shown in the community
plan or where not shown they shall not be less than as follows:
3. Pavement Widths. Pavement width from curb faces shall not be less than:
Table 4.2
Street Type Width in feet
Arterial street 51
Collector street 42
Minor or local street 30
Alleys (curb not required) 20
3. Additional Width and Improvements on Existing Streets. Subdivisions that adjoin
existing streets shall dedicate additional right-of-way to meet the minimum requirements
specified in Table 4.1, and provide improvements as required in these regulations.
a. The entire right-of-way shall be provided where any part of the subdivision is on
both sides of the existing street.
b. When the subdivision is located on only one side of the existing street or ROW,
one-half of the required right-of-way, measured from the centerline of the
roadway shall be dedicated and/or improved.
4. Rights-of-way. ROWs shall be graded to their full width so as to produce proper
drainage, a pleasing appearance, reasonable grades for driveways, and sidewalk grade
substantially on the same elevation as the top of the curb. ROWs may also be required as
needed for utilities and other access purposes to the width specified by their prospective
users.
5. Street Geometry and Grades. Street widths, street grades, vertical curves, horizontal
curves, radii, curb cuts, intersections, and street jogs shall be designed and constructed in
accordance with the Prattville Public Works Manual.
6. Dead-ends and stub streets.
a. A dead-end street shall not be more than 1,000 feet in length. Each dead-end
shall be terminated by a turnaround (e.g. cul-de-sac) with a pavement radius not
less than 45 feet, or other appropriate design.
b. Stub-out streets are intended to allow continuity in street patterns and
connectivity. In determining the number and location of such stub-outs, the
Table 4.1
Street Type Right-of-Way Width (in feet)
Arterial street 100
Collector street 65 Minor or local street 50
Alleys 24
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Planning Commission shall consider the terrain and natural features of the
adjoining property, and the potential streets system as presented in the community
plan. Such stub streets shall be built to the full width and specifications of the
other streets in the subdivision. It is the policy of the Planning Commission to
provide for new, or connect to existing, stub streets to promote connectivity
whenever practicable. A stub street or dead-end street which provides the sole
access to more than two lots or is over 150 feet in length shall be terminated by an
approved turnaround. A developer extending an existing stub street shall remove
the turnaround and extend the existing street profile as appropriate. The
turnaround area must be included within a lot on the plat or a recorded easement
referenced on the plat.
7. Alleys.
a. Where required: Alleys shall be provided in commercial and industrial
subdivisions. The Planning Commission may waive this requirement where other
definite and assured access is provided.
b. Where optional: Provisions for alleys along the rear of residential lots is optional
except where, in the opinion of the Planning Commission, such alleys are
advisable.
c. Alignment: At all intersections, changes in alignment shall be avoided, but where
necessary, corners shall be cut off sufficiently to permit safe vehicle movement.
d. Dead ends: Dead end alleys shall be avoided where possible, but if unavoidable,
shall be provided with an adequate turn-around as required by the City Engineer
or Fire Marshal.
8. Curb and Gutter. Curbs and gutters shall be required for all streets.
9. Sidewalks. Sidewalks are required on both sides of arterial and collector streets.
Sidewalks are required on one side of all other streets except alleys. Sidewalks shall not
be less than sixty inches in width. Under special conditions of terrain or other factors, the
Planning Commission may approve alternate designs. The Planning Commission may
require sidewalks or other paths that create connectivity in areas of long blocks or long
dead-end streets, between other paths or sidewalks.
10. Street Signs. The developer shall provide all street and regulatory signs within the
subdivision. The signs shall be of the type and number and located according to the
submitted and approved construction plans. Two street signs are required for each four-
way intersection and one street sign is required at each three-way intersection, unless the
City Engineer sets other requirements.
11. Street Lights. Location of proposed street lights shall be shown on the Construction
Plans.
4.4 Easements
Easements shall be provided as needed for utility or access purposes and to the width
specified by their prospective users. Lots and easements shall be arranged in such a
manner as to eliminate unnecessary easement jogs or offsets and to facilitate the use of
easements for power distribution, telephone service, drainage, water, sewer services,
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access, and parking. It is preferred that easements be wholly located on a single lot, as
opposed to being located on a property line between two lots. Unless previously
recorded and referenced, all easements must be included within a lot or parcel on the plat.
4.5 Blocks
The length, width and shapes of blocks shall be determined with due regard to:
1. Provisions of adequate building sites suitable to the special needs of the type of use
intended.
2. Need for convenient access, circulation, control, and safety of street traffic.
3. Limitations and opportunities of topography.
4. Blocks shall not be less than 400 feet nor more than 1,200 feet in length, measured on
one side of the street, except as the Planning Commission considers necessary to secure
efficient use of land or desirable features of street pattern.
5. Blocks shall be wide enough to allow two rows of lots, except where reverse frontage on
a major street is provided or where prevented by topography or size of the property, in
which case the Planning Commission may approve a single row of lots of suitable depth.
4.6 Lots
1. Within the city limits, lot sizes and widths shall comply with the Zoning Ordinance. In
areas not served by sanitary sewer, lot sizes shall meet the requirements of the Health
Department. In such cases where requirements conflict, the larger requirement shall
govern. Corner lots for residential uses shall have sufficient width to permit appropriate
building setback from and orientation to both streets, unless otherwise allowed in the
Zoning Ordinance.
2. For areas located outside the city limits and inside the Planning Jurisdiction, lot sizes and
widths shall be equal to or greater than the requirements for the R-2 zoning district within
the City. In areas not served by sanitary sewer, lot sizes shall meet the requirements of
the Health Department. In such cases where requirements conflict, the larger requirement
shall govern.
3. No lot shall be platted having less than 20 feet of frontage on a dedicated public street.
4. Flag Lots are lots so shaped that the building area is set back from the street on which it
fronts, and includes an access strip (the stem) connecting the building area to the street.
a. Flag lots may be allowed in a subdivision to better utilize irregularly shaped
property or areas with other limitations.
b. The minimum area for a flag lot shall be at least twice that of the minimum area
required by the underlying zoning or other minimum lot area requirements; the
stem area shall not count toward the minimum lot size.
c. The stem shall be at least 30 feet in width along its full length from street frontage
to building area.
d. Flag lots may be created in groups not exceeding two. In such cases, the stems
must be adjacent. Non-adjacent flag lot stems on the same side of the street shall
be separated by a distance of at least 300 feet. Stems shall be at least 50 feet from
any intersection.
e. Setback requirements must be met within the main building area of the lot.
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5. Double frontage or reverse frontage lots will be permitted only where necessary to
provide separation of residential development from major streets, or so to overcome
specific disadvantages of topography or orientation. The Planning Commission may
restrict access to the major street and may require a fence, wall, landscaping strip, berm,
or combination, to reduce impacts from the major street or dissimilar use. The Planning
Commission may require shared or cross access agreements to limit number of driveway
access points on streets.
6. Side lot lines shall be approximately perpendicular to straight street lines or
approximately radial to curved street lines unless topography or other special conditions
are such that a better lot design can be provided by a different side lot line location.
7. Residential lots situated on the boundary between two counties must have adequate
buildable area for a house entirely in one county.
4.7 Preservation of Natural Features
In all subdivisions, due regard shall be given to the preservation of natural features such
as tree cover, natural groves, watercourses, scenic points, historic points, and similar
community assets which will add attractiveness and value to the property.
4.8 Names and Lot Numbers
1. Street Names. No street names shall be used which will duplicate by spelling or sound
or otherwise be confused with the names of existing streets, except where a proposed
street is an extension of an existing street, in which case the proposed street shall bear the
name of the existing street. Street names are subject to the approval of the Planning
Director.
2. Subdivision Names. Subdivision names shall not be duplicated or be confusing with
existing names. Such names are subject to the approval of the Planning Commission.
3. Lot Numbers. All lots shall have a number and be numbered sequentially. Lots
dedicated to stormwater detention, open space, access, or other uses auxiliary purpose to
the rest of the subdivision may use a letter prefix. Example: Open space lots may use O-
1, O-2, etc.
4.9 Public Sites and Open Spaces
Where a proposed park, playground, school, or other public use shown in the community
plan is located in whole or in part in a subdivision, the Planning Commission may request
that the developer dedicate or that an option to buy such land be extended to the
appropriate public agency or body and that such land be reserved from development
pending the action of the appropriate public agency or body. To any extent which may
be sanctioned by the Zoning Ordinance, the Planning Commission may allow lot size
reductions or alternative designs in exchange for sales or dedications of such sites.
4.10 Stormwater and Drainage
1. Plan Required. A drainage and stormwater plan shall be made for each subdivision by a
registered engineer which shall consider the ultimate or saturated development of the
tributary area in which the proposed subdivision is located. Adequate provision shall be
made within each subdivision to provide drainage facilities needed within the subdivision
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considering the saturated development of the tributary area. The storm and sanitary sewer
plan shall be made prior to other utility plans. Engineering considerations in subdivisions
and other development shall give preferential treatment to sewer improvements over
other utilities and improvements.
2. General Design Criteria. All drainage structures and facilities shall be designed and
sized to meet the runoff of the drainage area to be served and in accordance with the
Prattville Public Works Manual.
3. Spillage Agreements Required. Off-premises drainage easements and improvements
may be required by the Planning Commission, after consultation with the City Engineer,
to handle the run-off of subdivisions into an appropriate drainage channel. If requested by
the City Engineer, the Planning Commission shall require that the subdivider provide the
City with a hold-harmless spillage agreement for all drainage from the subdivision.
4. Development in Flood Areas. Areas in a federally established special flood hazard area
shall not be developed or subdivided unless and until the Planning Director may establish
that the area may be developed in accordance with the City's flood damage prevention
ordinance. It is the policy of the Planning Commission that new subdivisions be
harmonious and mindful of streams, floodways, floodplains, wetlands, and other
environmentally sensitive areas.
5. Conditions of Acceptance of Water Bodies. Lakes, ponds, and similar areas will be
considered for acceptance for maintenance only if sufficient land is dedicated as a public
recreational area or park, or if such area constitutes a necessary part of a surface drainage
control system as determined by the City Engineer.
6. Other Information Required. The Planning Director, City Engineer, Public Works
Director, or the Planning Commission may require whatever additional engineering
information is deemed necessary to decide on subdivision and other development in an
area of questionable drainage.
4.11 Sanitary Sewer
1. Sewer Required. Subdivisions shall be designed to accommodate public sanitary sewer
if it is available. Sewer will be considered available if lines of the proper size and flow,
with pumping not required, are located within 1,200 feet of the property. Installation of
all lines shall be the responsibility of the developer. If sewer is not available, private
sewage disposal may be used subject to the approval of the appropriate county health
department and the Alabama Department of Environmental Management.
2. Laterals. The developer of a subdivision shall construct sanitary sewer laterals within
the streets of the subdivision or within platted sanitary sewer easements or rights-of-way
so that the same connect with existing, or may be connected with future, collecting or
trunk line sewers.
3. Oversized Facilities. The City of Prattville may participate in the cost of oversized
improvements within subdivisions but serving a larger area (i.e. streets, sanitary sewer,
drainage facilities, etc.) if the Planning Commission recommends such improvements and
the City Council authorizes them.
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4. General Design Criteria. All such designs, and the construction thereof, shall be in
accordance with the provisions of the Prattville Public Works Manual.
4.12 Water
Water supply improvements shall be designed and constructed in accordance with the
regulations, requirements, and specifications of the Prattville Water Works Board. Water will be
considered available if lines of the proper size and flow are located within 1,200 feet of the
property. If water is not available, private water supply may be used subject to the approval of
the local health department and the Alabama Department of Environmental Management.
4.13 Other Utilities
Subdivisions shall be designed to accommodate electrical, gas, telecommunications, and other
desired utilities, if available. The subdivider shall contact each of these utilities prior to
submission of the construction plans and obtain necessary standards or other information which
will allow service to the subdivision.
4.14 Monuments and Markers
1. Monument. Concrete monuments four inches in diameter or four inches square, three
feet long, containing iron pipe or pin, and having a flat top, shall be set at all major
corners in the exterior boundaries of the subdivision or sections thereof where the street
right-of-way lines intersect the exterior boundaries of the subdivision or sections thereof.
The top of the monument shall have an indented cross to identify properly the location
and shall be set flush with the finished grade.
2. Corners. All lot corners and points of curve in rights-of-way shall be marked in
accordance with the Standards of Practice for Surveying in the State of Alabama.
Article V – Specifications for Documents to be Submitted
5.1 Master Plans
The Master Plan shall be submitted on sheets not larger than 24”x36” and shall include:
1. Name of development
2. Outer boundary or perimeter of the overall development site
3. Proposed phases
4. Location and sizes of existing utilities (storm and sanitary sewer, water) that will service
development
5. Approximate locations of all proposed streets and rights-of-way
6. Approximate locations and types of all proposed lots
7. Approximate locations of proposed utilities, including stormwater detention facilities
8. Contours at intervals no more than 10 feet
9. Adjoining development, property lines, streets, and water courses
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10. A vicinity map showing the location of the proposed subdivision to the surrounding area
11. A north arrow
12. Standard scale not smaller than 1”=200’
13. The current FEMA FIRM panel and location of any special flood hazard areas
14. Existing rights-of-way or easements on or affecting the property
15. Any other information which the Planning Director deems to be relevant.
5.2 Preliminary Plats
Preliminary Plats shall be prepared by an Alabama licensed surveyor or engineer and submitted
on sheets not larger than 24”x36” and shall include:
1. Name of subdivision
2. Total acreage to be subdivided
3. Name and address of owner
4. Name and address of subdivider, if different from the owner
5. Name and address of plat designer
6. Names and addresses of owners of record of all adjoining or adjacent parcels of land as
they appear on the current tax records; adjacent properties include across rights-of-way,
bodies of water, and properties sharing a corner
7. Date
8. Locations, widths, and purpose of proposed and existing rights-of-way and easements
9. Locations of existing and proposed property lines, existing buildings, water courses, and
railroads within the proposed subdivision and at least 50 feet around the perimeter thereof
10. Location and dimensions of existing sanitary sewer and water lines, including fire
hydrants. In the event the subdivision will be served by septic tanks or private wells, this
should be stated on the plat
11. Proposed lot lines, numbers, and dimensions, including lot areas
12. Building setbacks
13. Number of Section, Township, and Range, with approximate ties to all identifiable
section corners within or close to proposed subdivision
14. County boundary line, if in vicinity
15. Vicinity map showing general location of the proposed subdivision
16. Existing zoning
17. The current FEMA FIRM panel and location of any special flood hazard areas, floodway,
and base flood elevation; if no flood hazard areas exist, then a statement indicating such
18. Contours shall be shown at intervals of not more than 5 feet. In areas where existing
slope is less than 3% on one acre or more, the contour interval shall be 2 feet or less (this
requirement may be waived upon request to the Planning Director or City Engineer)
19. North arrow, graphic scale, legend, number of total lots, number of residential lots (if
applicable), total acreage
20. Standard scale not less than 1”=100’
21. Location of stormwater management facilities
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22. Additional information which the Planning Director or City Engineer deems to be
relevant
5.3 Construction Plans
Construction plans shall be prepared by an Alabama licensed professional engineer and
submitted on sheets not larger than 24”x36” and shall include plans and profiles of all proposed
infrastructure, including streets, sanitary sewer lines and facilities, stormwater structures, water
lines, and fire hydrants. Construction plans shall reflect the approved Preliminary Plat and shall
include sufficient data and calculations to allow verification of conformity to the requirements
and specifications in these regulations and the Prattville Public Works Manual. Manner of
submission, number and type of copies (e.g. paper or electronic), shall be determined by the City
Engineer.
5.4 As-built Plans
As-built plans must be submitted in hard copy, no larger than 24”x36”, and digital format. Digital format must include a portable document format (PDF) file of the hard copy and CAD file (e.g. DWG or DGN), or equivalent, with adequate formatting and information to show the following.
As-built plans must include:
1. Sewer main diameter, length, material, and slope are to be called out on the plan.
2. Sewer manhole and t-type cleanout rims and inverts are to be located horizontally and vertically. All as-built elevations to be shown.
3. Water main diameter, length, and material are to be called out. Show all laterals.
4. Water fire hydrants, valves (main & hydrant), plugs, air-release and blow-off stations are to be located horizontally and vertically. Documented or known changes in types, lengths of pipe, location, or any other changes to the water system shall be indicated.
5. Storm drainage pipe diameter, length, material, pipe invert and pipe outfall, and slope are to be called out.
6. Storm drainage manhole and t-type cleanout rims and inverts are to be located
horizontally and vertically.
7. Storm drainage related catch basins, culverts, and outfalls are to be located horizontally and vertically.
8. Any other changes to the construction drawings should be noted and shown with a
revision cloud.
9. Electronic plans must be georeferenced.
10. Maximum error of as-built measurements shall be:
a. Manhole inverts measure to 0.01 feet with maximum vertical error of 0.50 feet per 1,000 feet of horizontal traverse.
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b. Horizontal locations: measure to nearest 1.0 foot with allowable error of 0.5 feet per 1,000 feet of traverse.
5.5 Final Plats
Final Plats shall be prepared by a licensed surveyor and submitted on sheets not larger than
24”x36” and shall include:
1. Subdivision name
2. North arrow, graphic scale, number of total lots, number of residential lots (if applicable),
total acreage
3. Standard scale not less than 1”=100’
4. Purpose of all easements
5. Reference to recorded subdivision plats of adjacent platted land, including across rights-
of-way
6. Relation of the land so platted to the government survey. Whenever section corners or
half section corners occur along any platted boundary, they shall be clearly marked
7. Boundary lines, right-of-way lines of streets, easements, and other rights-of-way, and
property lines of lots, with accurate dimensions, bearings, or deflection angles, radii, arcs,
central angles of all curves, front building lines
8. Number to identify each lot and the approved street names
9. Gross and net acreage of the property and number of lots
10. County boundary line, if in vicinity
11. Date of Preliminary Plat approval
12. Location of monuments
13. All dimensions shall be shown to the nearest one-hundredth of a foot and angles to the
nearest minute
14. The current FEMA FIRM panel and location of any special flood hazard areas,
floodways, and base flood elevation; if no flood hazard areas exist, then include a
statement indicating such
15. Restrictive covenant language or references (e.g. stormwater requirements)
16. Certificates and acknowledgements for designer and owner(s) as required in the Code of
Alabama 1975, § 35-2-51
17. Professional Engineer’s construction certification, if applicable
18. Note stating: “Approval of a plat shall not be deemed to constitute or effect an acceptance
by the public of any street or other open space shown upon the plat.”
19. Signature blocks/certificates of approval for the Planning Director, City Engineer, Public
Works Director, representative of the Prattville Water Works Board (if applicable),
representative of the local Health Department(s), signature block or space for recording
information of appropriate judge(s) of probate; if subdivision is located outside of the city
limits, then a space for the signature of the County Engineer.
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Article VI – Procedures for Inspection, Approval, and Acceptance of
Subdivisions
6.1 Initial Construction
Subdivision improvements shall be constructed only under the supervision of a civil engineer
employed by the developer. Construction of subdivision improvements may begin only after the
construction plans have been approved and the developer has been issued the required permits.
Quality control during construction shall be maintained by three means, as follows:
1. A pre-construction meeting is required with city staff prior to any grading or construction
beginning.
2. The developer shall employ a qualified testing laboratory to perform compaction tests on
street subbase and base before placement of the first layer of pavement. The results of
these tests may initially be reported to the Engineering Department by convenient means,
but a written report must follow.
3. The developer's engineer shall notify the City Engineer 24 hours before work begins on
each of the following steps:
a. Clearing and grubbing
b. Grading
c. Laying of sanitary and storm sewer pipe
d. Roadbed processing
e. Proof roll*
f. Under curb compaction test*
g. Pouring curb and gutter
h. Subgrade compaction test*
i. Placing base material
j. Base compaction test*
k. Placing the first layer of asphalt
l. Placing the final layer of asphalt
m. Air and mandrel test on sanitary sewer lines
*These items shall require the attendance of representatives from both the developer’s
engineer and the City Engineer’s office
4. The developer’s engineer will also mark the alignment of each stub out on the curb.
When the developer's engineer deems appropriate, normally upon completion of curb and
gutter, a field conference shall be convened of utility company representatives to
coordinate the installation of underground lines. Ordinarily, the Water Authority (or other
water utility) will be asked to install water mains before installation of gas, telephone,
electric, and cable. Upon completion of all developer installed improvements, the as-
builts shall be delivered to the Planning Department. These plans shall show all
improvements as constructed, including the correct locations and profiles of all sanitary
and storm sewer lines and appurtenances thereto, including locations and depth of all
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sanitary sewer stubs. The developer's engineer shall ensure that the developer furnishes
and places Electronic Locator Markers of a type approved by the City Engineer's office
over all sanitary sewer stubs.
6.2 Guarantee of Improvements
1. Performance Guarantee. It shall be a requirement of final plat approval that all public
improvements and utilities required herein or as may have been required on the
preliminary plat, have been satisfactorily completed and installed in accordance with the
preliminary plat and construction plans. However, the City Engineer may, and provided
all other requirements of these regulations are met, accept, in lieu of the completion of
the installation of the final wearing surface layer of a street or the required sidewalks, a
performance guarantee with sufficient surety satisfactory to the City Attorney, to secure
to the City the construction and installation of such improvements and utilities.
a. The performance guarantee shall be in an amount equal to 125% of the costs
outlined in the engineer’s estimated costs of the required improvements and
approved by the City Engineer.
b. Acceptable guarantees are: a performance bond approved as to form and surety
satisfactory to the City Attorney and City Engineer; an irrevocable letter of credit
drawn on an approved bank and payable to the City of Prattville; a cash deposit.
2. Maintenance Guarantee. The subdivider shall be responsible for materials and
workmanship of pavement, curb and gutter, sidewalks, sewer systems, drainage systems,
and other public infrastructure in the subdivision for a period of two years following the
date of Final Plat recording. In addition, the subdivider shall be responsible for soil
stabilization and maintenance of erosion control devices during the maintenance period.
A maintenance guarantee, in an amount not to exceed ten percent of the contract price of
the subdivision and approved by the City Engineer, shall be posted before the final plat is
signed by the Planning Director. Acceptable guarantees for maintenance are the same as
for performance guarantee. The City Engineer may require a higher bond as needed. If
completed structures occupy 80% of the lots in the subdivision before the end of the
maintenance period as listed above, the subdivider may request that the Prattville City
Council waive the time remaining and close the maintenance period. It is the subdivider’s
responsibility to request to end the maintenance period and submit the infrastructure to
the City.
3. For subdivisions not within the corporate limits, the only public infrastructure
improvements that can be accepted by the City are sewer facilities that are to be a part of
the City's system. No roads, drainage structures, or other improvements may be accepted
by the City outside its corporate limits.
4. In the event the developer fails to perform as required by the guarantees, the City may
liquidate the guarantee instrument to pay for the cost of making the improvements or
repairs. Additionally, the City Attorney or designee is authorized to file a lien equal to the
amount of the improvements or repairs against any lot or lots in the subdivision subject to
the guarantee and owned by the developer executing the maintenance guarantee or
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performance guarantee in default. This lien shall be a certified copy of a resolution
passed by the City Council and shall state the purpose and the amount of the lien and
shall be recorded in the Office of Probate. The liens will not be satisfied until such time
as the developer complies with the guarantee conditions or the surety pays the bond and
if the lien remains unsatisfied for 90 days the City may collect on the lien as all debts are
collected or liens enforced.
6.3 Final Inspection Before Expiration of Bond
It shall be the responsibility of the subdivider to request an inspection before the expiration of the
maintenance or other guarantees. If this inspection reveals deficiencies beyond those caused by
normal wear and tear, the City Engineer shall notify the developer or contractor of the findings,
and shall afford the developer or contractor reasonable opportunity to correct the deficiencies
before taking steps to recover against the maintenance bond.
6.4 Acceptance of Improvements
1. Approval of a plat shall not be deemed to constitute or effect an acceptance by the public
of any street or other open space shown upon the plat (Ref: Alabama Code § 11-52-32).
2. At the end of the maintenance period, and after inspection of the improvements and
infrastructure by the City Engineer, the developer may request through the Planning
Director that the City Council accept the improvements and the responsibility of the
maintenance. It is the developer’s or subdivider’s responsibility to make this request.
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