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1710 Oct 10 Planning & Development Department 102 West Main Street  Prattville, Alabama 36067  334-595-0500  334-361-3677 Facsimile planning.prattvilleal.gov CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A October 10, 2017 4:00pm Call to Order: Roll Call: Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Crosby, Mrs. Jerry Schannep and Mr. Mike Temple. Minutes: September 12, 2017 Old Business: None New Business: 1. 171010-01 USE-ON-APPEAL: To allow home child day care use on property 223 Leigh Drive R-2 Zoning District (Single Family Residential) Ursula Stout, Petitioner District 6 2. 171010-02 USE-ON-APPEAL: To allow home child day care use on property 102 Kelse Place R-2 Zoning District (Single Family Residential) Christy L. Knight, Petitioner District 3 3. 171010-03 VARIANCE: To reduce the perimeter landscaping area and removal foundation planting requirement. McQueen Smith Road B-2 Zoning District (General Business) Central Alabama Radiation Oncology, Petitioner District 3 Miscellaneous: Adjourn Approved 11/14/17 Prattville Board of Zoning Adjustment October10,2017 Minutes Page 1of 4 City of Prattville Board of Zoning Adjustment Minutes October 10, 2017 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Leo Jamieson at 4:02 p.m. on Tuesday,October 10, 2017. ROLL CALL: Present:Chairman Leo Jamieson,Vice-Chairman James Miles,Mr.Jerry Crosby,Mrs. Jerry Schannep, Mr. Mike Temple.Absent:None. Quorum Present Staff present:Mr. Joel Duke,City Planner and Ms. Alisa Morgan, Secretary. Chairman Jamieson 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: Mrs.Schannep moved to approve the minutes of the September 12, 2017 meeting.Mr.Crosby seconded the motion. The motion passed unanimously. OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: USE-ON-APPEAL To allow home child day care use on property 223 Leigh Drive R-2 Zoning District (Single Family Residential) Ursula Stout, Petitioner Mr. Duke introduced the request for a use-on-appeal to operate a home day care on property located at 223 Leigh Drive. He stated that it is an allowable use as requested by the petitioner. Ursula Stout, petitioner, presented the request for a home child day care use at 223 Leigh Drive.She stated that she is trying to open a home daycare for six children, the maximum allowed by the state under this type of license, none are of her own. The hours of operation are Monday thru Friday from 7am-5pm. She stated that the back yard is enclosed with a chain link fence where the children will be located. Chairman Jamieson opened the public hearing. Elane Griffiths, 102 Grasmere Court, spoke in favor of the request. She stated that there is a great need for home daycares. Chairman Jamieson recognized a letter from George Davis, 103 Sara Lane,who expressed concern for children in the daycare where a dog is on the premises.(Letter made a part of the minutes). Ms. Stout addressed the dog concern stating that the dog will be removed from the premises once the daycare starts operation. She stated that state regulations do not permit dogs in the area with children. The public hearing was closed. Approved 11/14/17 Prattville Board of Zoning Adjustment October10,2017 Minutes Page 2of 4 Chairman Jamieson opened discussion for the board.After no further discussion,Mr.Crosby moved to establish the finding of facts stating that 1)the proposed home child day care is an allowable use- on-appeal, and is not a prohibited use in a R-2 district;and 2) development of the proposed use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance.Mrs.Schannep seconded the motion. The motion to approve the finding of facts passed unanimously. The vote was called.Mrs.Schannep moved to approve the request based on the approved finding of facts.Mr.Miles seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the use-on-appeal to allow a home child daycare on property at 223 Leigh Drive. USE-ON-APPEAL To allow home child day care use on property 102 Kelse Place R-2 Zoning District (Single Family Residential) Christy L. Knight, Petitioner Mr. Duke introduced the request for a use-on-appeal to operate a home day care on property located at 102 Kelse Place. He stated that this is an allowable use and municipal zoning certification is required by DHR for the operation of the home daycares. Shelby Griffiths, petitioner’s representative, presented the request for a home child day care use at 102 Kelse Place. She stated that she is trying to open a home daycare for six children, the maximum allowed by the state,two are of her own. The hours of operation are Monday thru Friday from 7am- 5pm. She stated that she owns a dog and the back yard is fenced. Chairman Jamieson opened the public hearing. Elane Griffiths, 102 Grasmere Court, spoke in favor of the request. The public hearing was closed. Chairman Jamieson opened discussion for the board. After no further discussion, Mr.Miles moved to establish the finding of facts stating that 1)the proposed home child day care is an allowable use-on- appeal, and is not a prohibited use in a R-2 district;and 2) development of the proposed use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance.Mr.Crosby seconded the motion. The motion to approve the finding of facts passed unanimously. The vote was called.Mr.Crosby moved to approve the request based on the approved finding of facts. Mrs.Schannep seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the use-on-appeal to allow a home child daycare on property at 102 Kelse Place. Approved 11/14/17 Prattville Board of Zoning Adjustment October10,2017 Minutes Page 3of 4 VARIANCE To reduce the perimeter landscaping area and removal foundation planting requirement. McQueen Smith Road B-2 Zoning District (General Business) Central Alabama Radiation Oncology, Petitioner Mr. Duke introduced the variance request for landscape changes for property located on McQueen Smith Road. He stated that the property is an undeveloped lot of Autauga Station. He stated that the Landscape Ordinance was created in 1999 and amended in 2000, this lot was platted prior to the creation of the ordinance. Mr. Miles asked how many parking spaces were provided and if variances were issued for any of the adjacent properties.Mr. Duke stated that there were 36 parking spaces over the minimum required and that some of the adjacent properties have been approved for variances on the perimeter landscape. Mr. Temple asked if any property meet landscape requirements in the area. Mr. Duke stated that the landscaping requirement has usually been addressed by re-platting two lots into one. John Thomas of Seay,Seay & Litchfield, petitioner’s representative, presented the request for landscape variance at Lot 23A Autauga Station on McQueen Smith Road. He stated that they are requesting to reduce the north and south side setback five feet on each side. He stated that they are required to have five parking spaces per doctor, the provided parking exceeds the minimum required. Chairman Jamieson stated adjustments to acquire required landscape Mr. Thomas stated that there will be two doctors in the office. He stated that the access easement prevents them from meeting the requirements. Mr. Miles asked how many parking spaces could be provided without the variance. Mr. Thomas stated that 16 parking spaces could be provided without the variance. Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was closed. Chairman Jamieson opened discussion for the board. He stated that consideration should be given that the lot was platted before the passing of the ordinance. Mr. Duke stated that all lots meet the frontage setback along McQueen Smith; there are options to provide additional planting. After no further the discussion, the vote was called. Mr. Crosby moved to establish the finding of facts stating that 1)granting of a variance will not confer a special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in the same district;and 2)a variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole. Mr. Miles seconded the motion. The motion to approve the finding of facts passed unanimously. The vote was called. Mr. Miles moved to approved based on the finding of facts contingent that two islands with trees are provided on the north side and one island on the west side (facing McQueen Smith Road). Mr. Crosby seconded the motion. Mr. Duke stated that the lot could accommodate the islands. The motion to approve passed unanimously. Approved 11/14/17 Prattville Board of Zoning Adjustment October10,2017 Minutes Page 4of 4 The BZA voted to approve the variance to reduce the perimeter landscaping area and removal foundation planting requirement with contingencies on property at Lot 23A Autauga Station, McQueen Smith Road. MISCELLANEOUS: ADJOURN: After no further comments,questions or discussion the meeting was adjourned at 5:33 p.m. Respectfully submitted, Alisa Morgan,Secretary Board of Zoning Adjustment CITY OF PRATTVILLEBoard of Zoning AdjustmentPlanning Department Staff Report DATE:10/4/17 CASE FILE NUMBER:171010-01 APPLICATION TYPE:Use-On-Appeal PROPERTY LOCATIONor DESCRIPTION:223 Leigh Drive PETITIONER(S) ANDAGENT(S):Ursula Stout ZONING DISTRICT(S)R-2 (Single Family Residential) REQUESTED ACTION:Use-On-Appeal to operate a home child daycare on property. ZONING ORDINANCE REFERENCE: Appendix A-Zoning Ordinance Section 71 R-2 Uses Permitted On Appeal: …regulations common to all "R" Districts All "R" Districts" Uses Permitted On Appeal: Customary home occupations…day care centers… Home Occupation as defined by ordinance (Sec. 68): Any use customarily conducted entirely within a dwelling andcarried within a dwelling and carried on solely by the inhabitant thereof, and which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character thereof… S ME M O RIAL D R LEIGH DRSUNSET DR OLD HWY 31 LINA DR ABNEY DR STONEWALL DRHARGIS DR GEORGE DRHONEYSUCKLE DRLAWRENCE STSARA LNDANYA DRDANYA CT PERRYDALE LPP E A R S ON P OND R DMORRIS CIR PAIGE CTPATRICK ST PELHAM LNSTRENGTH ST S U N S E T T R A IL E R P A R K LOUISE CT HONEYSUCKLE DRPERRYDALE LPLOCATION MAP A City of PrattvilleAlabama 223 Leigh Drive BZA Application 171010-01 ²1 inch = 300 feet ^_ 223 Leigh Drive SUNSET DR LEIGH DRSARA LNSTONEWALL DRSTRENGTH ST HONEYSUCKLE DR223 LEIGH DR 221 LEIGH DR 219 LEIGH DR 217 LEIGH DR 215 LEIGH DR 208 LEIGH DR 210 LEIGH DR 212 LEIGH DR 214 LEIGH DR 216 LEIGH DR 218 LEIGH DR 220 LEIGH DR 222 LEIGH DR597 SUNSET DR593 SUNSET DR591 SUNSET DR589 SUNSET DR 598 SUNSET DR594 SUNSET DR592 SUNSET DR590 SUNSET DR588 SUNSET DR 600 SUNSET DR 602 SUNSET DR604 SUNSET DR606 SUNSET DR608 SUNSET DR610 SUNSET DR612 SUNSET DR614 SUNSET DR616 SUNSET DR618 SUNSET DR620 SUNSET DR622 SUNSET DR624 SUNSET DR626 SUNSET DR 628 SUNSET DR 630 SUNSET DR 631 SUNSET DR 629 SUNSET DR627 SUNSET DR 623 SUNSET DR 106 SARA LANE 108 SARA LANE 113 SARA LANE 111 SARA LANE 109 SARA LANE 107 SARA LANE 105 SARA LANE 103 SARA LANE 101 SARA LANE 102 STRENGTH ST104 STRENGTH ST 108 STRENGTH ST 107 STRENGTH ST105 STRENGTH ST103 STRENGTH ST 702 STONEWALL DR 704 STONEWALL DR 706 STONEWALL DR 708 STONEWALL DR 710 STONEWALL DR 712 STONEWALL DR 714 STONEWALL DR 802 STONEWALL DR 709 STONEWALL DR 707 STONEWALL DR 705 STONEWALL DR 703 STONEWALL DR 701 STONEWALL DR 1122 S MEMORIAL DR1154 S MEMORIAL DR 1121 HONEYSUCKLE DR LOCATION MAP B City of PrattvilleAlabama 223 Leigh Drive BZA Application 171010-01 ²1 inch = 100 feet CITY OF PRATTVILLEBoard of Zoning AdjustmentPlanning Department Staff Report DATE:10/4/17 CASE FILE NUMBER:171010-02 APPLICATION TYPE:Use-On-Appeal PROPERTY LOCATIONor DESCRIPTION:102 Kelse Place PETITIONER(S) ANDAGENT(S):Christy L. Knight, Petitioner Shelby S. Griffiths, Agent ZONING DISTRICT(S)R-2 (Single Family Residential) REQUESTED ACTION:Use-On-Appeal to operate a home child daycare on property. ZONING ORDINANCE REFERENCE: Appendix A-Zoning Ordinance Section 71 R-2 Uses Permitted On Appeal: …regulations common to all "R" Districts All "R" Districts"Uses Permitted On Appeal: Customary home occupations…day care centers… Home Occupation as defined by ordinance (Sec. 68): Any use customarily conducted entirely within a dwelling andcarried within a dwelling and carried on solely by the inhabitant thereof, and which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character thereof… E P O P L A R S T MCQUEEN SMITH RD NW IN D E R M E RE AVE JASMINE TRLEDINBURGH ST THISTLE RDSUMMIT PKWYL I N D E N LN H AW T H O R N E L N CHANCELLOR RIDGE RDCOVERED BRIDGE PKWYCULLIN AVEINGE PLBRAMBLE TRCEMEDICAL CENTER DRSADIE CIR STATION DR A B E RD E E N C T V IR G IN IA R E E D C T DOLLY CIR O L D P R E S T WIC K C T STAPLEFORD TRL SAINT ANDREW S CT APPALACHIAN RDG GLASGLOW PLABI NGER PLKELSE PLLOCATION MAP A City of PrattvilleAlabama102 Kelse Place BZA Application 171010-02 ²1 inch = 300 feet ^_ 102 Kelse Place E P O P LA R S T MCQUEEN SMITH RD NW I N D E RM E R E AV E THISTLE RDEDINBURGH STCULLI N AVEHAW T H OR N E LN CHANCELLOR RIDGE RDSADIE CIR COVERED BRIDGE PKWYSUMMIT PKWYBRAMBLE TRCESAINT ANDREWS CT O L D P R E S T W IC K C T LINDEN LN ABINGER PLKELSE PL635 610 620 115 113 111 109 107 114 112 110 108 106 104 109 107 105 103 114 112 110 108 106 104 597 587581 577 579 583 585 589 591 593 595 376 625 627 629 631 633678 680 556 554 552 550548546 544542 631 629627625623621619617615613611609607 630 558 103 105 107 106 104 102 102101 101 103 105 106 104 103 105 104 2018 2016 2014 2012 2010 2008 2006 2004 2002 2000 1998 2001 1999 1997 1995 1993 1991 1989 1987 1985 1983 1981 2020 20082004 1012 1229123112331235 1226122812301234 1996 1994 1992 1990 1988 1986 1979 1977 1975 1973 1971 10251036 1034 1032 1030 1023 1021 1019 1017 1015 1013 1028 1026 1024 1022 1020 1018 1016 1014 10771075107310711069 10781076107410721070 1565 1563 1549 1533 15541558 1548 1555 1542 15431545154715511553155715591561 1560 1556 15521550 15461544 1534153615381540 1080 1082 1084 1086 1088 1090 1697 1699 1698 1532 1691 1693 1695 1696 1694 1692 1690 1688 1686 1684 1682 1680 1678 1676 1674 15271529 1689 15311535153715391541 2102 1079 1081 1083 1085 1087 1089 1091 1093 1095 1097 1099 1842 1840 1838 1836 1834 1832 1830 17831781177917771775 1844 1846 1848 1786 1788 1794 1787 1789 1791 1793 1795 1797 1799 1785 LOCATION MAP B City of PrattvilleAlabama 102 Kelse Place BZA Application 171010--02 ²1 inch = 200 feet CITY OF PRATTVILLEBoard of Zoning AdjustmentPlanning Department Staff Report DATE:10/4/17 CASE FILE NUMBER:171010-03 APPLICATION TYPE:Variance PROPERTY LOCATION or DESCRIPTION: McQueen Smith Road -Lot 23A of Autauga Station Subdivision PETITIONER(S) ANDAGENT(S):Central Alabama Radiation Oncology, Petitioner Larry E. Speaks & Associates, Agent ZONING DISTRICT(S)B-2 General Business REQUESTED ACTION:To reduce the required perimeter landscaping area on the north and south boundary line and to eliminate the required foundation planting. ZONING ORDINANCE REFERENCE: Section 135 General Site and Off-Street Parking AreaLandscaping Requirements: (a)…A lot with less than one hundred fifty (150) feet frontage and adjacent to a right-of-way shall have a frontage strip depth of ten (10) feet; a lot with one hundred fifty (150) feet to two hundred fifty (250) feetfrontage shall have a frontage strip depth of twenty (20) feet; a lot with over 250 feet frontage shall have a frontage strip depth of thirty (30) feet.For developments of two (2) or more acres with frontage of to two hundred fifty (250) feet or more, the frontagestrip shall be bermed in order to minimize the visual impact of the off­street parking area, unless the Administrator determines that the natural topography does not require site to be bermed. The berm shall not have a slope of greater than one (1) foot of rise perthree (3) feet of run, and shall not be less than four (4) feet in height at its apex. Landscaping of bermed perimeter strips shall be in accordance with all requirements as outlined in this section. FAIRVIEW AVE SUMMIT PKWYWI N D E R M E R E AV E MCQUEEN SMITH RD NEDINBURGH ST COVERED BRIDGE PKWYO L D F A R M WY O LD FAR M LN N MEDICAL CENTER DRE P O P L A R S TINGE PLJOSIE RUN SADIE CIR STATION DR A B E R DEEN C T CULLIN AVEDOLLY CIROLD RIDGE RD NGLASGLOW PLABI NGER PLKELSE PLOLD RIDGE RD NLOCATION MAP A City of PrattvilleAlabama 610 McQueen Smith Rd N(Undeveloped Lot 23AAutauga Station Subdivision) BZA Application 171010--03 ²1 inch = 300 feet ^_ 610 McQueen Smith Road MCQUEEN SMITH RD NE P OPL AR ST WI N D E RM E R E AV E SUMMIT PKWYEDINBURGH STCOVERED BRIDGE PKWYCULLIN AVESTATION DRMEDICAL CENTER DRABERDEEN CT SADIE CIR ABI NGER PLKELSE PL172 152 178 188 635 610 620 660 114 112 110 597 587581 577 579 583 585 589 162 210208206204202200 173 376 625 627 629 631 633678 680 682 684 686 688 690 556 554 552 550 548546 544542 640 630 558 107 105 103 163 153 198 101103105 106 104 102 103 105 107 106 104 102 102101 101 103 105 106 104 103 105 104 645 101 18241826182818301832183418361838 2010 2008 2006 2004 18221820 18161814181218101808 123112331235 12041202 1234 10771075107310711069106710651063 1699 1698 2102 1079 1081 1083 1085 1087 1089 1091 1093 1095 1097 1099 1803 1805 1809 1807 1833 1835 1837 1839 1842 1840 1838 1836 1834 1832 183018261824 17831781177917771775177317711769 1780 1782 1784 1844 1846 1848 1786 1788 1794 1787 1789 1791 1793 1795 1797 1799 1785 1232 2002 1828 LOCATION MAP B City of PrattvilleAlabama 610 McQueen Smith Rd N(Undeveloped Lot 23AAutauga Station Subdivision) BZA Application 171010--03 ²1 inch = 200 feet