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2309 September 19 BZA (SP MTG) 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 SPECIAL MEETING September 19, 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: Page 1 of 4 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). Page 2 of 4 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 Page 3 of 4 Page 4 of 4 SUMMIT PKWY COVERED BRIDGE PKWY OLD FARM WY JOSIE RUN SADIE CIR DOLLY CIR STATION DR Location Map ±0 400200 Feet Locations are approximate Project Area Prattville City Limits SADIE CIR COVERED BRIDGE PKWY Aerial Map ±0 200100 Feet Locations are approximate Project Area Prattville City Limits SUMMIT PKWY COVERED BRIDGE PKWY OLD FARM WY JOSIE RUN SADIE CIR DOLLY CIR STATION DR Zoning Map ±0 400200 Feet Locations are approximate Project Area Prattville City Limits B-2 B-4 F.A.R. O-1 R-4 R-5 Page 1 of 5 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: Page 2 of 5 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. Page 3 of 5 Page 4 of 5 Page 5 of 5 Source: https://www.abandonedalabama.com/red-devil-lake/ Reviewed By: Scott Stephens, City Planner D C AE AE X X X AE X X X XX X X 167 168 0 200100 Feet FLOODWAY A AE AH X National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOODHAZARD AREAS Without Base Flood Elevation (BFE)Zone A, V, A99With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areasof 1% annual chance flood with averagedepth less than one foot or with drainageareas 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 basemapaccuracy standards The flood hazard information is derived directly from theauthoritative NFHL web services provided by FEMA. This mapwas exported on 9/1/2023 at 10:49 AM and does notreflect changes or amendments subsequent to this date andtime. The NFHL and effective information may change orbecome 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 FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximatepoint selected by the user and does not representan 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 S MEMORIAL DR MURFEE DR DODGERS DR ASTROSAVE CO RD 4 E SCENIC DR MARIAN DR OLDEORCHARDLN COOTERSPONDRD CAROLINE DR METS CT ROSEMARY LN CUBS PL REDS CT C O R L E Y R D CANDLESTICK W Y BRAVES PL Location Map ±0 600300 Feet Locations are approximate Project Area Prattville City Limits S MEMORIAL DR MURFEE DR ASTROSAVE DODGERS DR COOTERS POND RD OLDE O R C H A RD L N BRAVES PL Aerial Map ±0 400200 Feet Locations are approximate Project Area Prattville City Limits S MEMORIAL DR MURFEE DR DODGERS DR ASTROSAVE CO RD 4 E SCENIC DR MARIAN DR OLDEORCHARDLN COOTERSPONDRD CAROLINE DR METS CT ROSEMARY LN CUBS PL REDS CT C O R L E Y R D CANDLESTICK W Y BRAVES PL Zoning Map ±0 600300 Feet Locations are approximate Project Area Prattville City Limits B-2 F.A.R. R-2 R-3 T-3 Page 1 of 5 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 Page 2 of 5 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. Page 3 of 5 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 Page 4 of 5 Page 5 of 5 HWY 82 W GOLSON RD MICHELLEDR Location Map ±0 1,000500 Feet Locations are approximate Project Area Prattville City Limits HWY 82 W GOLSON RD MICHELLEDR Aerial Map ±0 800400 Feet Locations are approximate Project Area Prattville City Limits HWY 82 W GOLSON RD MICHELLEDR Zoning Map ±0 1,000500 Feet Locations are approximate Project Area Prattville City Limits B-2 F.A.R.