2309 September 12 BZA Pkt (Draft)102 West Main Street \ Prattville, AL 36067 \ 334. 595.0500 \ prattvilleal.gov
BILL GILLESPIE, JR.
MAYOR
J. SCOTT STEPHENS, AICP
DIRECTOR
CITY OF PRATTVILLE
BOARD OF ZONING ADJUSTMENT
A G E N D A
September 12, 2023
4:00pm
The Pledge of Allegiance:
Invocation:
Roll Call:
Chairman Charles Knapp, Vice-Chairman Billy Barrett, Jr., Mr. Jerry Crosby, Mr. Greg Duke, and Ms. Sarah Johnson.
Call to Order:
Character Trait of the Month: Availability… Willingness to change my schedule and priorities to meet a need.
Committee Reports:
Old Business:
None
New Business:
1. 230912-01 SPECIAL EXCEPTION:
To allow a medical office/clinic in an O-1 Zoning District
688 Covered Bridge Pkwy
Partners in Pediatrics, Petitioner
Public Hearing
District 3
2. 230912-02 SPECIAL EXCEPTION:
To allow unenclosed retail
1676 S Memorial Drive
Sara Compton & Robin West, Petitioners
Public Hearing
District 7
3. 230912-03 VARIANCE:
Sign: Billboard sign on undeveloped property
Corner of Golson Road & Hwy 82 W (Vacant Lot)
KLO Enterprise, Petitioner
Public Hearing
District 1
Minutes:
August 8, 2023
Miscellaneous:
Adjourn:
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Prattville Board of Zoning Adjustment
August 8, 2023 Minutes
Page 1 of 2
1 City of Prattville Board of Zoning Adjustment
2 Minutes
3 August 8, 2023
4
5
6 CALL TO ORDER:
7 The regular meeting of the Prattville Board of Zoning Adjustment (BZA) convened at 4:01 p.m. on
8 Tuesday, August 8, 2023 in the Prattville City Hall Council Chambers. After the Pledge of Allegiance,
9 invocation and reading the Character Trait, the meeting was called to order at 4:03 p.m.
10
11 ROLL CALL:
12 Members present were Chairman Charles Knapp, Vice-Chairman Billy Barrett, Mr. Jerry Crosby. Mr.
13 Greg Duke and Ms. Sarah Johnson were absent. Also present was supernumerary member Mr. Neal
14 Parker.
15
16 Quorum Present
17
18 Staff present were Mr. Scott Stephens, City Planner; Mr. Joshua McKinney, Planner; Ms. Bria Hudson,
19 Planner; and Ms. Alisa Morgan, Secretary.
20
21 CHARACTER TRAIT OF THE MONTH:
22 The Character Trait of the Month is Alertness … Being aware of what is taking place around me so I can
23 have the right responses.
24
25 COMMITTEE REPORTS:
26 There were no reports to be made.
27
28 OLD BUSINESS:
29 There was no old business to discuss.
30
31 NEW BUSINESS:
32 VARIANCE:
33 Building Design: A reduction in the required percentage of windows
34 475 E Main Street
35 Preston & Stacey Jennings, Petitioners
36
37 Mr. Stephens introduced the variance request to allow a reduction in the required percentage of
38 fenestration on property located at 475 E Main Street. Fenestration refers to the arrangement of windows
39 and doors on the elevations of a building. He stated that the Downtown Overlay District was created to
40 assure new development, redevelopment and reinvestment in Downtown Prattville is consistent with its
41 walkable, historic development pattern and to promote a diversity of business, institutional and other
42 compatible uses. This had the benefit of providing some architectural controls to properties leading into
43 downtown and along the periphery of the Prattville Historic District.
44
45 Stacy Jennings, petitioner, presented the request to allow a reduction in the required percentage of
46 fenestration on property located at 475 E Main Street. She stated that more openness on the building will
47 expose the metal roll up doors of the interior of the storage units which they are trying to cover.
48
49 Chairman Knapp opened the floor for public comments. There were none. The public hearing was closed.
50 The BZA also received an email from Gary O. Essary, in support of the request.
51
52 Chairman Knapp opened the discussion for the Board. Mr. Crosby moved to establish the findings of fact
53 stating that 1) the special conditions and circumstances do not result from actions of the applicant (self-
54 imposed hardship); 2) that granting of a variance will not confer a special privilege on the applicant that
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Prattville Board of Zoning Adjustment
August 8, 2023 Minutes
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55 is denied by this ordinance to other lands, structures, or buildings in the same district; and 3) that a variance
56 will not adversely affect the surrounding property, the general neighborhood, or the community as a
57 whole. Mr. Parker seconded the motion. The motion to approve the findings of fact passed unanimously.
58
59 After no further discussion, the vote was called. Mr. Parker moved to approve the request as submitted
60 based on the approved findings of fact. Mr. Barrett seconded the motion. The motion to approve passed
61 unanimously.
62
63 VARIANCE:
64 Accessory Structure: Allow Swimming Pool without principal structure
65 201 Pine Ridge Road
66 Brian Ferguson, Petitioner
67
68 Mr. Stephens introduced the variance request to allow an accessory structure without a principal structure
69 on property located at 201 Pine Ridge Road. He stated that the petitioner is requesting to place a
70 swimming pool on his adjacent lot that is located behind his primary dwelling.
71
72 Brian Ferguson, petitioner, presented the request to allow an accessory structure without a principal
73 structure on property located at 201 Pine Ridge Road. He stated that it is more cost effective to request a
74 variance than to go through the process to replat the lots to combine them into one parcel. He stated that
75 the proposed lot has an existing tennis court and he removed a pond and a gazebo that were located on
76 the lot.
77
78 Chairman Knapp opened the floor for public comments. There were none. The public hearing was closed.
79
80 Chairman Knapp opened the discussion for the Board. Mr. Parker moved to establish the findings of fact
81 stating that 1) granting of a variance will not confer a special privilege on the applicant that is denied by
82 this ordinance to other lands, structures, or buildings in the same district; 2) granting of a variance is in
83 harmony with the intent and purposes of the zoning ordinance; and 3) that a variance will not adversely
84 affect the surrounding property, the general neighborhood, or the community as a whole. Mr. Crosby
85 seconded the motion. The motion to approve the findings of fact passed unanimously.
86
87 After no further discussion, the vote was called. Mr. Crosby moved to approve the request based on the
88 approved findings of fact. Mr. Barrett seconded the motion. The motion to approve passed unanimously.
89
90 MINUTES:
91 Mr. Crosby moved to approve the minutes of the June 13, 2023, regular meeting. Mr. Barrett seconded
92 the motion. The motion to approve passed unanimously.
93
94 MISCELLANEOUS:
95
96 ADJOURN:
97 After no further comments, questions, or discussion the meeting was adjourned at 4:37 p.m.
98
99 Respectfully submitted,
100
101
102
103 Alisa Morgan, Secretary
104 Board of Zoning Adjustment
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Board of Zoning Adjustment
Staff Report
Special Exception 230912-01
MEETING DATE: September 14, 2023
PETITIONER: Flowers & White Engineering, LLC
PROPERTY OWNER: Partners in Pediatrics, Elizabeth Diebel
SUBJECT ADDRESS: 688 Covered Bridge Parkway
REQUEST: Construct and operate a medical office zoned for O-1
CURRENT ZONING: O-1 (Office-District)
LOCATION: Covered Bridge pkwy
SURROUNDING LAND North: O-1 (Office); Undeveloped
USES AND ZONING: South: O-1 (Office); Undeveloped
East: R-4 (Multifamily District/The Point at Fairview apts)
West: F.A.R (Forest, Agricultural, Recreation)
DEVELOPMENT STATUS & HISTORY:
Previous Requests: N/A
Conditions of Previous Approval: N/A
DESCRIPTION OF VARIANCE REQUEST:
1. The applicant requests a Special Exception to allow construction and operation of a medical office in an O-1
zoning district.
APPLICANT’S HARDSHIP (FROM APPLICATION):
See attached letter
ZONING ORDINANCE REFERENCED:
§5.06 O-1 Office District
1. Medical Clinics in an O-1 zone require a Special Exception (SE).
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Section 12.03 Special Exceptions
The Board shall review the application for compliance with this ordinance and all other applicable codes and ordinances
of the city. The Board must make written findings determining that the proposed use-on-appeal will not:
1. Be contrary to the public interest and will ensure that the spirit of this ordinance is observed;
2. Permit the establishment of a use prohibited in the zoning district; or
3. Cause a substantial adverse impact on property or improvements in the vicinity or in the district in which the
proposed use is located.
ANALYSIS:
The proposed medical clinic will be located on property zoned for O-1. The Zoning Ordinance allows medical clinics, in
O-1, to be permitted as Special Exceptions by the Board provided they meet all other requirements and any other
restrictions imposed by the Board to preserve the character of the neighborhood. The purpose of this district is to provide
areas for business and professional offices and compatible uses with limited hours of operation, traffic and other
characteristics that allow flexibility in terms of location with respect to residential areas and transportation infrastructure.
The Special Exception would be to allow a medical clinic to be permitted and built in the O-1 office district.
Reviewed by: Joshua McKinney, Planner
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SUMMIT PKWY
COVERED BRIDGE
PKWY
OLD FARM WY
JOSIE RUN
SADIE CIR
DOLLY CIR
STATION DR
Location Map
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Project Area
Prattville City Limits
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SADIE CIR
COVERED BRIDGE PKWY
Aerial Map
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Project Area
Prattville City Limits
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SUMMIT PKWY
COVERED BRIDGE
PKWY
OLD FARM WY
JOSIE RUN
SADIE CIR
DOLLY CIR
STATION DR
Zoning Map
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Project Area
Prattville City Limits
B-2
B-4
F.A.R.
O-1
R-4
R-5
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Board of Zoning Adjustment
Staff Report
Special Exception 230912-02
MEETING DATE: September 12, 2023
PETITIONER: Sara Compton & Robin West
PROPERTY OWNER: Sara Compton & Robin West
SUBJECT SITE: 1676 S Memorial Drive
REQUEST: Special Exception to Allow Unenclosed Retail
CURRENT ZONING: B-2 (General Business)
LOCATION: West side of S Memorial Drive (Hwy 31), ¼ mile north of Co Rd 4
SURROUNDING LAND North: T-3 & B-2; Candlestick Manufactured Home Park
USES AND ZONING: South: B-2; Commercial
East: B-2; Corky’s manufactured home sales
West: T-3; Candlestick Park, Railroad
DEVELOPMENT STATUS & HISTORY:
Previous Requests: None found
DESCRIPTION OF REQUEST:
1. Special Exception to allow unenclosed retail; application states “outdoor flea market”
ZONING ORDINANCE REFERENCED:
Table 5-1:
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Article 2 Definitions:
Section 12.03 Special Exceptions
The Board shall review the application for compliance with this ordinance and all other applicable codes and ordinances
of the city. The Board must make written findings determining that the proposed use-on-appeal will not:
1. Be contrary to the public interest and will ensure that the spirit of this ordinance is observed;
2. Permit the establishment of a use prohibited in the zoning district; or
3. Cause a substantial adverse impact on property or improvements in the vicinity or in the district in which the
proposed use is located.
ANALYSIS:
The petitioner is proposing an “outdoor flea market” to include retail booths and food trucks, which would fall under the
definition of “unenclosed retail” in the zoning ordinance (see § 2.03.127). This use is a Special Exception in the B-2 zone
(see Table 5-1).
The entire parcel is located in the FEMA defined Special Flood Hazard Area, which is the area that has a 1% annual
chance of flooding. Nearly all of the parcel is located within the FEMA defined regulatory floodway (see attached maps).
The floodway “means the channel of a river or other watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated
height” (https://www.fema.gov/glossary/floodway).
The ideal use of a floodway would be unobstructed open/green space to allow flood waters to flow unimpeded. A use
such as unenclosed retail that temporarily involves food trucks and portable booths that do not remain on site would be
compatible with the open space.
This site has remained vacant for many years and the structures and site have fallen into a state of disrepair. The buildings
are unsafe and not suitable for occupation and there is debris scattered on site. The existing pavement is cracked and
crumbling, overgrown with weeds, constantly holds water, and unsafe. It is unsuitable for parking or for pedestrians.
Having a use that attracts and invites members of the public to this site as it exists today would place the public in or close
to hazards.
An additional consideration on this site is there are no restroom facilities. The Temporary Uses section of the Zoning
Ordinance states, “Unless permanent sanitary facilities are available on the premises, temporary uses must provide
temporary sanitary facilities with approval of such facilities by the applicable County Health Department presented with
the application” (§ 7.22.03 (3)).
Note that any development in the Special Flood Hazard Area must comply with the City’s Flood Damage Prevention
Ordinance.
If the BZA desires to grant the Special Exception, some conditions to consider may include:
1. All structures on site and the site itself must be brought into compliance with the International Property
Maintenance Code and all other relevant codes and regulations;
2. Public restroom facilities must be provided.
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Source: https://www.abandonedalabama.com/red-devil-lake/
Reviewed By: Scott Stephens, City Planner
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D
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X X X
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0 100 200
Feet
FLOODWAY
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National Flood Hazard Layer FIRMette
0 250 500 1,000 1,500 2,000
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Ü
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOOD
HAZARD AREAS
Without Base Flood Elevation (BFE)
Zone A, V, A99
With BFE or DepthZone AE, AO, AH, VE, AR
Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mileZone X
Future Conditions 1% Annual
Chance Flood HazardZone X
Area with Reduced Flood Risk due to
Levee. See Notes.Zone X
Area with Flood Risk due to LeveeZone D
NO SCREENArea of Minimal Flood Hazard Zone X
Area of Undetermined Flood HazardZone D
Channel, Culvert, or Storm Sewer
Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance
17.5 Water Surface Elevation
Coastal Transect
Coastal Transect Baseline
Profile Baseline
Hydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of Study
Jurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the
authoritative NFHL web services provided by FEMA. This map
was exported on 9/1/2023 at 10:49 AM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.
Legend
OTHER AREAS OF
FLOOD HAZARD
OTHER AREAS
GENERAL
STRUCTURES
OTHER
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MURFEE DR
DODGERS DR
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Board of Zoning Adjustment
Staff Report
Variance 230912-03
MEETING DATE: September 12, 2023
PETITIONER: KLO Enterprise
PROPERTY OWNER: O’Terrius Kareem Howard & Lamesa Howard
SUBJECT ADDRESS: Southwest corner of Golson Rd and HWY 82
REQUEST: Variance Request to allow a billboard
CURRENT ZONING: F.A.R (Forest, Agriculture, and Recreation)
LOCATION: Prattville/ Highway 82
SURROUNDING LAND North: F.A.R (Forest, Agriculture, and Recreation)–Commercial (82 Auto Parts & Wrecker Service)
USES AND ZONING: South: F.A.R (Forest, Agriculture, and Recreation) Undeveloped
East: B-2 (Business District)-Commercial (Dollar General)
West: F.A.R (Forest, Agriculture, and Recreation) -Undeveloped
DEVELOPMENT STATUS & HISTORY:
Previous Requests: N/A
Conditions of Previous Approval: N/A
DESCRIPTION OF VARIANCE REQUEST:
1. The applicant requests a variance to install a billboard.
APPLICANT’S HARDSHIP (FROM APPLICATION):
See attachements to application
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ZONING ORDINANCE REFERENCED
§12.04 Variances
§12.04.01. The Board may authorize upon appeal in specific cases such variances from the terms of this Ordinance as will
not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the
provisions of this Ordinance will result in unnecessary hardship, and so that the spirit of the ordinance is
observed and substantial justice done.
§12.04.02. A variance may be granted in such individual cases upon a finding by the Board that an unnecessary hardship
does, in fact, exist. In no case may the Board grant a variance that permits the land or structure to be occupied
by a use prohibited in the applicable zoning district.
§12.04.03. It is the intent of this Ordinance that a variance be issued only to mitigate a physical condition of a parcel of
land which poses a practical barrier to its development and use as otherwise permitted by this Ordinance.
Variances are limited to the minimum adjustment necessary to enable the reasonable use of the land.
§12.04.04 The Board uses the following guidelines in evaluating variance requests:
1. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and
which are generally not applicable to other lands structures, or buildings in the same district.
2. A literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the ordinance.
3. The special conditions, for which relief is sought, did not result from actions of the applicant (self-imposed
hardship);
4. Granting of the variance is in harmony with the intent and purposes of the ordinance;
5. The variance will not adversely affect surrounding property, the general neighborhood, or the community as a
whole;
6.
7. The variance will not allow the establishment of any use expressly or by implication prohibited in the
applicable district;
8. The variance requested is the minimum adjustment necessary to enable the legal use of the land or structure.
§9.10 Permanent Freestanding Signs on Undeveloped Property
Permanent freestanding signs on undeveloped property are permitted only on properties with frontage
on I-65 or a frontage road adjoining the I-65 right-of-way subject to the following standards. For the
purposes of this article, undeveloped property is property with no established use.
§9.10.01 Electronic message signs and illuminated signs are subject to the applicable standards in §9.05.04 and
§9.05.05 respectively, not including size limitations in those sections Illumination requirements may need to be
verified by approved professional at expense of owner or applicant.
§9.10.02 Height and sign area is subject to Table 9-2. Height is measured from grade level at the base of the
sign or grade level of the highway, whichever is higher.
§9.10.03 Spacing between any permanent freestanding signs on undeveloped property is subject to Table 9-2
and the following:
1. Signs may not be located closer than 400 ft to any residential district.
2. Signs may not be located closer than 400 feet to the nearest point along the right-of-way of any
intersecting street or as required by the ALDOT or the City Engineer, whichever is greater.
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ANALYSIS:
Billboards are only permitted near I-65, however the proposed 33ft tall billboard would be located near HWY 82 that is
approximately 7 miles from the interstate. There are currently no other billboards in the proximity of the site.
Reviewed by: Bria Hudson, City Planner
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HWY 82 W
GOLSON RD
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Prattville City Limits
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HWY 82 W
GOLSON RD
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HWY 82 W
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Prattville City Limits
B-2
F.A.R.
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FEATURES
MAP PANELS
8
B
20.2
The pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
1:6,000
86°25'10"W 32°25'55"N
86°24'33"W 32°25'25"N
Basemap Imagery Source: USGS National Map 2023
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