1904-April 9Planning & Development Department
102 West Main Street Prattville, Alabama 36067 334- 595- 0500 334-361-3677 Facsimile
p l anning.prattvilleal.gov
CITY OF PRATTVILLE
BOARD OF ZONING ADJUSTMENT
A G E N D A
April 9, 2019
4:00pm
Call to Order:
Roll Call:
Chairman James Miles, Vice-Chairman Jerry Crosby, Mr. Leo Jamieson, Mr. Charles Knapp, and Mrs. Jerry Schannep.
Minutes:
February 12, 2019 and March 12, 2019
Old Business:
None
New Business:
1. 190409-01 VARIANCE:
To change the landscape setback requirements.
McQueen Smith Road at Old Ridge Road (Vacant Lot)
B-2 Zoning District (General Business)
Larry E. Speaks & Associates, Inc., Petitioner
District 3
2. 190409-02 USE-ON-APPEAL:
To allow church use on property.
Upper Kingston Road (Vacant Lot)
R-3 Zoning District (Single Family Residential)
Anointed Remnant Church, Petitioner
District 2
Miscellaneous:
Adjourn
Approved 5/14/19
Prattville Board of Zoning Adjustment
April 9, 2019 Minutes
Page 1 of 3
City of Prattville Board of Zoning Adjustment
Minutes
April 9, 2019
CALL TO ORDER:
The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Vice-
Chairman Jerry Crosby at 4:00 p.m. on Tuesday, April 9, 2019.
ROLL CALL:
Present: Vice-Chairman Jerry Crosby, Mr. Charles Knapp, and Mrs. Jerry Schannep. Absent: Chairman
James Miles. Also present were alternate members Mr. Neal Parker and Battalion Chief Michael
Whaley.
Quorum Present
Staff present: Mr. Scott Stephens, City Planner, Mr. Austin Brass, Senior Planner and Ms. Alisa Morgan,
Secretary.
Vice-Chairman Crosby stated the governing rules for the Prattville Board of Zoning Adjustment
according to the Code of Alabama, 1975 and the procedure of the meeting.
MINUTES:
Mr. Parker moved to approve the minutes of the February 12, 2019 and March 12, 2019 meetings. Chief
Whaley seconded the motion. The motion passed unanimously.
OLD BUSINESS:
There was no old business to discuss.
NEW BUSINESS:
VARIANCE
To change the landscape setback requirements.
McQueen Smith Road at Old Ridge Road (Vacant Lot)
B-2 Zoning District (General Business)
Larry E. Speaks & Associates, Inc., Petitioner
Vice-Chairman Crosby stated that the petitioner wishes to withdraw the variance request. Ms.
Schannep moved to withdraw the agenda item at the petitioner’s request. Chief Whaley seconded the
motion.
The motion to withdraw the request passed unanimously.
USE-ON-APPEAL
To allow church use on property.
Upper Kingston Road (Vacant Lot)
R-3 Zoning District (Single Family Residential)
Anointed Remnant Church, Petitioner
Mr. Stephens presented to the Board that some inquiries from the public about the use-on-appeal for
the church use on Upper Kingston Road had been addressed prior to the meeting.
Mr. Brass introduced the request for a use-on-appeal to allow church use on property located on Upper
Kingston Road. He stated that a church use is an allowable use-on-appeal. It is not a prohibited use in
an R-3 district. He stated that the property is an undeveloped parcel and would require the
coordination of an architect and engineer to develop the site and church building under the City of
Prattville development standards. The zoning ordinance would require the church to follow the
Approved 5/14/19
Prattville Board of Zoning Adjustment
April 9, 2019 Minutes
Page 2 of 3
setbacks required in R-3 Zoning, and the adequate parking area required per number of seats. He stated
that the petitioner’s proposed number of seats is 185. The city’s ordinance requires 37 parking spaces
at minimum. He further stated that the site would require a detailed landscape plan indicating frontage,
perimeter, and foundation landscaping. For parking areas abutting a residential area, a 20’ landscaped
buffer is required with sufficient plantings to reach 8’ height within a two year period. Additional
interior lot landscape islands are required for a parking area with 40 or more spaces.
Mr. Brass stated that a detailed engineered site plan is needed for a further analysis of impact to
adjacent properties. A storm water management plan with areas of detention/retention would be
required to mitigate storm water under the City of Prattville’s MS4 storm water management policies.
He stated that additional traffic generated for a church use would be based upon the square footage of
the worship center. He stated that this proposed church use should not create a substantial traffic influx
to the current traffic pattern on Upper Kingston Road with proximity to Prattville High School
Willie Bradley, petitioner’s representative, presented the request to allow a church use on property
located on Upper Kingston Road. He stated that their Christian church has been located in Prattville
for 11 years in various locations. He stated that the goal of the church is to make the community
better. He stated that they will comply with all city requirements during this process.
Vice-Chairman Crosby opened the public hearing.
The public’s comments were made in opposition citing drainage issues, increase in noise and traffic,
intense lighting and negative impact on property value. All documents submitted by the public for
record is added and made a part of the minutes.
Cathy Coker, 1206 Kenwood Court
Debbie Salvador, 1608 Ashwood Drive
Jane Ivey, 1246 Upper Kingston Road
Phil (James) Rone, 1228 Kingston Garden Road
Christina Morgan, 1223 Upper Kingston Road
Jerry Andrews, 1204 Kenwood Court
Waymon McBroom, 1234 Kingston Garden Road
Bruce Newell, 1230 Kingston Garden Road
Jon Lee Finnegan, 211 Deer Trace
Gerald Cimis, 141 N. Chestnut Street
Keith Kuzma, 1236 Upper Kingston Road
Sabrina McCray, 1226 Kingston Garden Road
Carol Rone, 1228 Kingston Garden Road
Subrenia Andrews, 1204 Kenwood Court
Mr. Bradley thanked the public for their comments which provided additional insight about the lot. He
stated that with the land development, the drainage issue may get resolved. He stated that the city staff
has informed him of the requirements for developing the lot.
After no further comments, the public hearing was closed.
Vice-Chairman Crosby opened discussion for the board. In their discussion, the Board reiterated that
the property is located in a residential district of R-3 and the site must meet those setback requirements
of that zoning district. The process of development will have to meet all of the city’s development
regulations and codes. The Board concluded that although the sketch submitted was not drawn to
scale, it is not a requirement for a use request. The request is not for a variance (special exception) to
the ordinance.
After discussion from the board, the vote was called. Mr. Parker moved to establish the findings of fact
stating that because of the nature of the lot and the requirements to place a building on the lot 1) the
proposed use will cause substantial adverse impact to adjacent or nearby properties or uses. Ms.
Approved 5/14/19
Prattville Board of Zoning Adjustment
April 9, 2019 Minutes
Page 3 of 3
Schannep seconded the motion.
The motion to approve the findings of fact passed unanimously.
The vote was called. Ms. Schannep moved to deny the request as submitted based on the approved
findings of fact. Mr. Parker seconded the motion. The motion to approve passed by vote as recorded.
Favor: (4) Mr. Parker, Ms. Schannep, Vice-Chairman Crosby and Chief Whaley. Oppose: (1) Mr.
Knapp.
The BZA voted to deny the use-on-appeal to allow a church use on property at Upper Kingston Road.
MISCELLANEOUS:
ADJOURN:
After no further comments, questions or discussion the meeting was adjourned at 5:45 p.m.
Respectfully submitted,
Alisa Morgan, Secretary
Board of Zoning Adjustment
From: Steven Speaks
To: Morgan, Alisa
Cc: "Tim Holmes"; "Stuart Memory"
Subject: Variance request - McQueen Smith road at Old Ridge Road
Date: Tuesday, April 2, 2019 2:27:24 PM
Attachments: 20190402144052628.pdf
Alisa:
I am in receipt of a notice of public hearing for a variance request at the above referenced site. The
developer of this site requests to withdraw the application from the Board of Adjustments hearing
scheduled for April 9, 2019.
You may have already received a notice to withdraw from the developers attorney. This is to confirm
the project has been withdrawn.
Please let me know if I can answer any questions.
Yours very truly,
Steven E. Speaks, P.E., P.L.S., FACEC
President
Larry E. Speaks & Associates, Inc., Founded 1976
Consulting Engineers • Land Surveyors
535 Herron Street | Montgomery, AL 36104
Phone: (334) 262-1091 | Fax: (334) 262-2211
sspeaks@lespeaks.com
CITY OF PRATTVILLE
Board of Zoning Adjustment
Planning Department Staff Report
1 | P a g e
SUMMARY FACTS:
USE-ON-APPEAL #190409-02
PETITIONER: Willie L. Bradley/ Anointed Remnant Church
PROPERTY OWNER: Hightower LLC
SUBJECT SITE: East side of Upper Kingston Rd/ 0.2 miles north of Upper
Kingston & Bridge Creek Rd Split
REQUEST: Use-On-Appeal/ Church Use
CURRENT ZONING: R-3, Single Family Residential
PARCEL ID: 10093240010180000
PROPERTY SIZE: 5.538 +/- acres
FUTURE LAND-USE MAP: Low Density Residential
SURROUNDING LAND North: Single-Family Residential (R-2)
USES AND ZONING: South: Single-Family Residential (R-2)
East: Single-Family Residential (R-2 & FAR)
West: Single-Family Residential (R-2 & FAR)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests/Approval: June 7th, 2007, Preliminary Plat: New Tower Run Subdivision,
Approved
July 17th, 2008, Preliminary Plat: New Tower Run Subdivision,
Time extension approved
July 16th 2009, Preliminary Plat: New Tower Run Subdivision,
Time extension requested & approved
August 19th 2010, Preliminary Plat: New Tower Run
Subdivision, Time Extension requested & approved
September 15th, 2011, Preliminary Plat: New Tower Run
Subdivision, Time Extension requested & approved
September 20th, 2012, Preliminary Plat: New Tower Run
Subdivision, Time extension requested & approved
Conditions of Previous Approval: N/A
CITY OF PRATTVILLE
Board of Zoning Adjustment
Planning Department Staff Report
2 | P a g e
ANAYALIS:
Analysis. Below is the staff assessment of the three general question applicable to uses-on-appeal:
1. Is the proposed church an allowable use-on-appeal, and not a prohibited use in an R-3
district?
The requested use is an allowable use-on-appeal. It is NOT a prohibited use in an R-3
district.
2. Is development of the proposed church at Upper Kingston Road in the public interest?
Does the proposed development meet the spirit of the City of Prattville Zoning Ordinance?
At present, the property is an undeveloped parcel and would require the coordination of an
architect and engineer to develop the site and church under the City of Prattville
development standards. The zoning ordinance would require the church to follow the
setbacks required in R-3 Zoning, and the adequate parking area required per number of
seats. The church has stated their capacity in the worship center to be 185 seats. The church
has not completed and submitted the require code analysis to support a 185 seat capacity.
However, assuming the 185 seats, city ordinance requires 37 parking spaces at minimum.
Furthermore, the site would require a detailed landscape plan indicating frontage,
perimeter, and foundation landscaping. For parking areas abutting a residential area, a 20’
landscaped buffer is required with sufficient plantings to reach 8’ height within a two year
period. Additional interior lot landscape islands are required for a parking area with 40 or
more spaces.
3. Does the proposed church use cause substantial adverse impact to adjacent or nearby
properties or uses?
The proposed use of a church on the vacant 6 +/- acre site can only be determined by a
detailed engineered site plan for a further analysis of impact to adjacent properties. A storm
water management plan with areas of detention/retention would be required to mitigate
storm water under the City of Prattville’s MS4 storm water management policies. Moreover,
additional traffic generation for a church use would be based upon the square footage of the
worship center. Church uses have peak traffic generation during service times. It shall be
noted that this proposed church use should not create a substantial traffic influx to the
current traffic pattern on Upper Kingston Road with proximity to Prattville High School.
CITY OF PRATTVILLE
Board of Zoning Adjustment
Planning Department Staff Report
3 | P a g e
PLANNING STAFF EVALUATION:
Recommendation: Approval, contingent upon proposed church meeting all the City of Prattville
development regulations & codes for Zoning/Fire/Building/Engineering & Storm
water.
Reviewed by: Austin Brass, Senior Planner
Site Visits Conducted: March & April 2019
ATTACHMENTS
A. 1” = 40’ scale aerial, zoning, and property map
(Additional attachments distributed with earlier mail out.)
UPPER KINGSTON RD
GARDNER RD
BRIDGE CREEK RD
YORKSHIRE DR
JAMESTOWN DR
JORDAN CRS
DURDEN RD
PARKVIEW DR
KINGSTON GARDEN RD
KENWOOD CT
KINGSTON RIDGE RD
KINGSTON GREEN DR
Aerial Map - Board of Zoning Adjustment - Upper Kingston
±
Legend
STREETS
Selected Parcel
Autauga Parcels
PRATTVILLE CITY LIMIT
0feet 200 400 800 1,200 1,600 1 inch = 400
Feet
UPPER KINGSTON RD
BRIDGE CREEK RD
YORKSHIRE DR
PARKVIEW DR
KINGSTON GARDEN RD
KENWOOD CT
KINGSTON RIDGE RD
KINGSTON GREEN DR
PRAIRIEVIEW DR
Location Map - Board of Zoning Adjustment - Upper Kingston
±
Legend
STREETS
Selected Parcel
Autauga Parcels
PRATTVILLE CITY LIMIT
0feet 125 250 500 750 1,000 1 inch = 250
Feet
UPPER KINGSTON RD
BRIDGE CREEK RD
GARDNER RD
YORKSHIRE DR
PARKVIEW DR
DURDEN RD
KINGSTON GARDEN RD
KENWOOD CT
PRAIRIEVIEW DR
KINGSTON RIDGE RD
KINGSTON GREEN DR
R-2
R-3
R-2
F.A.R.
F.A.R.
R-3
F.A.R.
R-2 F.A.R.
R-3
R-2 R-4
R-3
R-5
R-2
R-2
R-3
R-3
R-2
Zoning Map - Board of Zoning Adjustment - Upper Kingston
±
Legend
STREETS
Selected Parcel
R-2
R-3
R-4
R-5
F.A.R.
Autauga Parcels
PRATTVILLE CITY LIMIT
0feet 175 350 700 1,050 1,400 1 inch = 350
Feet