1610 - October 11
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 11, 2016
4:00pm
Call to Order:
Roll Call:
Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Cimis, Mr. Mac Macready, and Mrs. Jerry Schannep.
Election of Officers:
Minutes:
September 13, 2016
Old Business:
None
New Business:
1. 161011-01 VARIANCE
To allow changes to the landscape requirements.
748 East Main Street
B-2 Zoning District (General Business)
Wendy’s, Petitioner
District 6
Miscellaneous:
Adjourn
CITY OF PRATTVILLE
Board of Zoning Adjustment
Planning Department Staff Report
VARIANCE Wendy’s Restaurant
748 East Main Street
BZA Application – 161011-01
DATE October 10, 2016
PROPOSED DEVLOPMENT
Petitioner: Wendy’s of Bowling Green
Property Owners: Gung Ho Real Estate Partners
Agent: N/A
Location: 748 East Main Street – south side of street, west of Loder
Street
Development Status and History
Previous Variance
Requests/Approvals:
N/A
Conditions of Previous
Approvals:
N/A
Property Configuration
Acreage: Approximately 0.65 acres
Zoning Classification:
B-2, General Business
Relevant District
Standards:
Zoning Ordinance, Article 13
Section 142. - Scope of application.
The provisions of this article shall apply to all commercial,
industrial, multi-family residential and public
developments within the corporate limits of the city.
(a) General requirements: Any off-street parking
area (or system of parking areas) shall be
constructed in accordance with the requirements of
Page 2 of 6
this article. The landscaping criteria shall be as
defined in the following table:
Type of Landscaping
Number of Spaces
in; Parking Lot Foundation Frontage Perimeter Interior
20 or fewer spaces X X
21—39 spaces X X X
40 or more spaces X X X X
Site abutting a
residential district (in
addition to number of
spaces)
X
(See
Section
145.b.)
… (c) Existing off-Street parking areas: An off-street
parking area that is in existence at the time this article is
adopted and does not conform to the provisions of this
article shall be a legal non-conforming use. The parking
area may continue as a legal non-conforming use until
such time as concrete or asphalt is added to increase its
parking capacity to greater than that on the adoption date
of this article. At that time, the entire off-street parking
area must be brought into conformity with the
requirements of this article. However, the requirements of
this article shall not be used to reduce the amount of
parking required by the Zoning Ordinance of the City of
Prattville. Where a legal non-conforming use must be
brought into compliance with this article and the lot size
does not permit the amount of required parking and
landscaping, the Administrator shall approve a
landscaping plan that as closely as possible meets the
requirements of this article. The Administrator may
reduce the required landscaping components defined in
Section 145 in the following order: interior, foundation,
perimeter and frontage. Reductions below fifty (50)
Page 3 of 6
percent of required landscaping shall require a variance
from the Board of Zoning Adjustment.
Section 145 - General Site and Off-Street Parking
Area Landscaping Requirements.
Landscaping of development sites and off-street
parking areas shall be of four (4) types as described
below and shall conform to landscape plans submitted
and approved in accordance with the requirements of
this section.
… (b) Perimeter landscaping requirement. Perimeter
landscaping must be provided within the property lines
between the off-street parking area, adjoining
properties. Planting areas existing in the public rights-
of-way or on adjoining property shall not count toward
the required perimeter landscaping area. Perimeter
landscaping areas adjacent to adjoining properties shall
be at least ten (10) feet in depth, excluding walkways,
measured perpendicularly from the adjacent property to
the back of curb.
Should the parking area abut any Residential District as
defined by Article 7 of the Zoning Ordinance of the City
of Prattville, a higher perimeter landscaping criteria shall
apply. The perimeter landscaping area along the
common property line shall have a twenty (20) foot
landscaped buffer area consisting of a solid unbroken
visual screen, eight (8) feet high within two (2) years of
planting, and in sufficient density to afford protection to
the residential districts from the glare of lights, from
blowing paper, dust and debris, from visual
encroachment and to effectively reduce the transmission
of noise. The perimeter buffer area shall be maintained
in a clean and neat condition.
Requested Variance:
Effective variance as re-stated by staff (see application for
applicant statement):
1. Elimination of required 10’ perimeter landscaping
setback from the two side property lines (east and
west). Allowed to extend curb edge to property line.
Page 4 of 6
Statement of Hardship:
(taken from application)
“Wendy’s of Bowling Green has always taken great pride
in the appearance of our stores and our landscaping. We
are building a brand new Wendy’s restaurant that was
designed for more narrow lots. It barely fits on this site and
as such leaves no room for landscaping on the sides of
the property. It is our desire to beautifully landscape areas
in front and back. If forced to landscape the side, we would
not be able to construct this lovely new store in Prattville.”
PLANNING STAFF EVALUATION
Reviewed by: Joel T. Duke, AICP
Site Visits Conducted: Several visits since August 2016
Recommendation: Approval with conditions – recommend increasing the
quantity of landscaping material along frontage, foundation,
and rear property line be a condition of approval.
While a special privilege is confirmed on the applicant, the
overall spirit of the ordinance is maintained. The requested
variance maintains the variability of the lot for
redevelopment.
Planning Staff Comments:
Wendy’s of Bowling Green submitted application 16-00954 for development review on
July 8, 2016. The submitted project calls for the demolition and rebuild of the existing
Wendy’s restaurant at 748 East Main Street. Initially developed in 1975, the 99’ wide and
282’ deep lot was developed before the city’s current parking lot and site landscaping
requirements. Section 142, subsection (c) of the City’s zoning ordinance allows the zoning
administrator some discretion to accommodate non-conforming sites. By removing the
existing structure, the project is considered a new development and subject to the city’s
current standards.
The submitted development plan reduces the overall building footprint, shifts the new
building toward the rear line, increases the length of the drive-through lane, and the width
of the bypass lane. The site plan pushes the east and west curb lines to the side property
lines with no space for the required perimeter landscaping. Based on the number of
required and offered parking spaces the new restaurant is required to provide space for
Page 5 of 6
frontage (street property line), foundation (against the building), and perimeter
landscaping (all other property lines). The submitted site plan provides setbacks and
materials to meet all landscaping standards except the 10’ setback on the east and west
property lines. With the curb lines set on the east and west property line, the site
configuration offers no space for landscaping material. The applicant is requesting a
variance allowing for the required perimeter setback and material to be omitted from this
site.
The requested variance is necessary to permit redevelopment of the site for the existing
use, which is an allowed use in a B-2 district. With this limited variance, the property
owner seeks to extend the life of an existing commercial property and enhance an existing
commercial corridor. As a result, Planning staff recommends approval of the variance
eliminating the required perimeter landscaping on the east and west property lines. The
Board should consider a requirement or condition that the quantity of landscaping material
be increased along the frontage, foundation and rear where technically feasible.
State code and best practices require the BZA to measure variance requests against
several basic standards. Below is the staff opinion regarding the standards and this
request.
1. No special conditions and circumstances exist regarding this structure which are
not applicable to other lands, structures, or buildings in the same B-2 zoning
district.
2. A literal interpretation of the zoning ordinance would not deprive the applicant of
rights commonly enjoyed by other properties in the same district under the terms
of the zoning ordinance.
3. The special conditions and circumstances do result from actions of the applicant.
4. The granting of a variance will confer a special privilege on the applicant that is
denied by this ordinance to other lands, structures, or buildings in the same B-4
district;
5. The granting of a variance is in harmony with the intent and purposes of the
zoning ordinance;
6. A variance will not adversely affect the surrounding property, the general
neighborhood, or the community as a whole;
7. A variance will not allow the establishment of a use prohibited under the terms of
the zoning ordinance in a B-2 district.
Page 6 of 6
ATTACHMENTS
A. Location Map
B. Application (omitted from emailed version – sent previously)
C. Portions of Development Plan 16-000954
DATE:9/27/16
CASE FILE NUMBER:161011-01
APPLICATION TYPE:Variance
PROPERTY LOCATION
or DESCRIPTION:
748 East Main Street
PETITIONER(S) ANDAGENT(S):Wendy’s
ZONING DISTRICT(S)B-2 (General Business)
REQUESTED ACTION:To allow changes to the landscape requirements.
ZONING ORDINANCE
REFERENCE:
Landscaping Ordinance Article 13 Section 135 General Site
and Off-Street Parking Area Landscaping Requirements.
(b) Perimeter Landscaping Requirement. Perimeter landscaping
must be provided within the property lines between the off-streetparking area, adjoining properties. Planting areas existing in the
public rights-of-way or on adjoining property shall not count toward
the required perimeter landscaping area. Perimeter landscapingareas adjacent to adjoining properties shall be at least ten (10) feet
in depth, excluding walkways, measured perpendicularly from the
adjacent property to the back of curb.
Should the parking area abut any Residential District as defined by
Article 7 of the Zoning Ordinance of the City of Prattville, a higherperimeter landscaping criteria shall apply. The perimeter
landscaping area along the common property line shall have a
twenty (20) foot landscaped buffer area consisting of a solidunbroken visual screen, eight (8) feet high within two years of
planting, and in sufficient density to afford protection to theresidential districts from the glare of lights, from blowing paper, dustand debris, from visual encroachment and to effectively reduce the
transmission of noise. The perimeter buffer area shall be
maintained in a clean and neat condition.