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1612 - December 13 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 December 13, 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 and October 11, 2016 Old Business: None New Business: 1. 161213-01 USE-ON-APPEAL To allow for church use on property. 404 West Fourth Street B-2 Zoning District (General Business) Milton Woodfin/Grace Life Church, Petitioner District 1 Miscellaneous: Adjourn Prattville Board of Zoning Adjustment December 13, 2016 Minutes Page 1 of 2 City of Prattville Board of Zoning Adjustment Minutes December 13, 2016 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Vice- Chairman James Miles at 4:01 p.m. on Tuesday,December 13, 2016. ROLL CALL: Present:Vice-Chairman James Miles,Mr. Gerald Cimis,Mr. Mac Macready,Mrs. Jerry Schannep and Jerry Crosby.Absent:Chairman Leo Jamieson. 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: Mr.Cimis moved to approve the minutes of the September 13, 2016 and October 11, 2016 meetings as submitted.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 for church use on property. 404 West Fourth Street B-2 Zoning District (General Business) Milton Woodfin/Grace Life Church, Petitioner Mr. Duke introduced the request for a use-on-appeal for a church use in a B-2 District at 404 West Fourth Street.He stated that the requested church use is an acceptable use and meets life safety codesas approved by the city’s Building and Fire departments. The property is currently used for an office and warehouse. Milton Woodfin,property owner,stated that the he wants to sell the property and felt the church would be a good fit for the neighborhood. Vice-Chairman Miles opened the public hearing. Jonathan Roll, 1072 Arrowhead Drive, spoke in favor of the request. After no further comments, the public hearing was closed. Mr. Woodfin presented a letter from adjacent business owner, Matt Swofford of Weather Seal, of a cross parking agreement for church use at 404 West Fourth Street. The vote was called. Mr. Cimis moved to establish the finding of facts:1)The proposed use is not a Prattville Board of Zoning Adjustment December 13, 2016 Minutes Page 2 of 2 prohibited use in a B-2 district;2)the proposed development meets the spirit of the City of Prattville Zoning Ordinance;and 3)the proposed church use would not cause a substantial adverse impact to adjacent or nearby properties or uses.Mr.Crosby seconded the motion. The motion to approve the finding of facts passed unanimously. Mr. Cimis moved to approve the request based on the approved finding of facts contingent that the seating capacity may exceed 150 seats if the adjacent property, Weather Seal, provides a written agreement permitting use of the Weather Seal lot for overflow parking.Mr.Crosby seconded the motion. The motion to approve passed unanimously. The BZA voted unanimously to approve the use-on-appeal to allow for church use on property at 404 West Fourth Street contingent that the capacity does not exceed 150 seats without a cross parking agreement. MISCELLANEOUS: Vice-Chairman Miles deferred the election of officers until the January 2017 meeting in hopes that all regular members would be present. Vice-Chairman Miles acknowledge Mr. Macready who expressed his desire to resign from the BZA. Board members expressed to Mr. Macready their gratitude for his service to the BZA and their well wishes for him. ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 4:30 p.m. Respectfully submitted, Alisa Morgan,Secretary Board of Zoning Adjustment DATE:11/22/16 APPLICATION TYPE:Use-On-Appeal CASE FILE NUMBER:161213-01 PROPERTY LOCATIONor DESCRIPTION:404 West Fourth Street PETITIONER(S) ANDAGENT(S): Grace Life Church Pastor Phil Bevilacqua, Representative ZONING DISTRICT(S)B-2 (General Business) REQUESTED ACTION:Use-On-Appeal to allow for church use on property. ZONING ORDINANCE REFERENCE: Article 7. District Requirements. Appendix A-Zoning Ordinance Section 72 Business District Requirements (B-2) USES PERMITTED: Any use permitted or permitted on appeal in the R-4 Residential District, and subject to all district requirements of an R-4 District as specified in Section 71, hereof. Section 71 Residential District Requirements (R-4) USES PERMITTED ON APPEAL: (See: regulations common to all “R” Districts...) All “R” Districts USES PERMITTED ON APPEAL: ...churches… CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report USE-ON-APPEAL Church Use – Grace Life Church 404 W. 4th Street BZA Application – 161213-01 DATE December 11, 2016 PROPOSED DEVLOPMENT Petitioner: Grace Life Church Property Owner: Milton Woodfin Agent: N/A Location: 404 W. 4th Street – approximately 800 feet west of intersection of 4th Street and Gin Shop Hill Road Development Status and History Submission Status: Requesting permission to convert existing commercial structure for church use Previous Approvals: None. No other request on file for use-on-appeal at this address Conditions of Previous Approvals: N/A Property Configuration Acreage: Approximately .94 acres Existing Structures Site contains a 9,000 square foot commercial structure previously used as showroom and distribution warehouse. Proposed Use: Church/Semi-Public Use Current Zoning: B-2 (General Business District) Page 2 of 4 Required Zoning: Church permitted with use-on-appeal approval from the Board of Zoning Adjustment. Surrounding Developments and Uses: The properties north east, and west of the site are zoned B-2 (General Business). The property to the south is zoned R-3 (Single-family residential). Street Extensions or New Streets: None required or proposed. Water and Sewer: Public potable water and sanitary sewer are provided to the site and the existing building. PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: December 8, 2016 Recommendation: Approval contingent on compliance with building and life safety codes. Planning Staff Comments: Background. Grace Life Church appeared before the BZA on June 14, 2011 requesting approval for a church use for the commercial building located at 119 West Main Street. The 2011 request was denied by the Board based on a failure to obtain the required four votes in favor of the request. The denial was appealed to Autauga County Circuit Court by the property owner, Prattville Development Group, LLC, and the petitioner, John Bevilacqua. After hearing the case, Judge John Bush reversed the BZA decision and granted the request for church use at 119 West Main Street contingent on all outstanding building code violations being resolved. Grace Life Church did not submit a request for permit or occupancy inspection for 119 West Main Street. Minutes from the 2011 request and the circuit court order are included as attachments to this report. Current Request. Grace Life Church and the property owner, Milton Woodfin, submitted an application to the Board of Adjustment requesting approval of a church use as at 404 West 4th Street. The church provided the Board with the following information: A. Current Membership: 100 B. Days and Hours of Services: Sunday 9:45 am - 12:00 pm, Wednesday 7:00 pm – 8:00 pm Page 3 of 4 C. Average Weekly Attendance: Sunday: 100, Wednesday: 50 D. Days and Hours of All Activities: Sundays and Wednesdays as described above E. Outside Activities: No F. Type of Outside Activities: N/A G. Parking Available on Site: 50 – 70 H. Seating in the Worship Center: 150 (for now) 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 a B-2 district? The requested use is a permitted use-on-appeal. It is not a prohibited use in a B- 2 district. 2. Is location of the proposed church at 404 West 4th Street in the public interest? Does the proposed development meet the spirit of the City of Prattville Zoning Ordinance? A primary purpose of the city’s zoning ordinance is to insure that adequate space and facilities are provided for a given use. Regarding churches, the zoning ordinance requires adequate setback from adjacent properties and an adequate parking field. The church stated their capacity in the worship center to be 150 seats. The church has completed and submitted a code analysis supporting 273 in the area proposed for assembly. Using a capacity 270 seats, city ordinance dictates 108 parking spaces. The area provided on the lot does not support 108 parking spaces. City staff review of the site indicates that it may accommodated 50 to 60 9’ x 18’ parking spaces, travel aisles, and handicapped spaces. The amount of parking available will accommodate the church’s current average attendance and the number of seats planned for the initial occupation. Additional parking will be needed if the seating exceeds 150. The proposed institutional use is consistent with the commercial zoning of the property. It is also consistent with the surrounding neighborhood, which features a mixture of commercial, residential, and institutional uses. The site directly accesses a major traffic arterial, West 4th Street, with sufficient capacity and connectivity to accommodate the proposed use. The proposed use and configuration of the property are consistent with the zoning ordinance and in the public interest. 3. Does the proposed church use cause substantial adverse impact to adjacent or nearby properties or uses? Page 4 of 4 Given the stated scale of the operation, the past use of the property for commercial, and the limitation placed on future expansion by the city’s building code, the proposed use does not pose an adverse impact on the surrounding neighborhood. ATTACHMENTS A. Location Map B. Application C. Minutes June 14, 2011 BZA meeting D. Circuit Court Order – Prattville Development Group v. BZA, November 9, 2011 Planning and Development Department 102 West Main Street  Alabama 36067  334-361-3613  334-361-3677 Facsimile planning.prattvilleal.gov CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A June 14, 2011 4:00pm Call to Order: Roll Call: Chairman Leo Jamieson, Vice-Chairman John Gillian, Ms. Kitty Houser, Mr. Mac Macready, and Mrs. Jerry Schannep. Alternate Member: Commander Michael Whaley. Minutes: April 12, 2011 and May 17, 2011 Old Business: None New Business: 1. 110614-01 ADMINISTRATIVE APPEAL: Variance to place a manufactured home on property. 231 County Road 29 FAR Zoning District (Forest, Agricultural, Recreation) The Estate of Madge Benefield, deceased, Petitioner District 1 2. 110614-02 VARIANCE: To reduce the perimeter landscaping setbacks. 720 South Memorial Drive B-1 (Neighborhood Commercial) McDonald’s Corporation, Petitioner District 6 3. 110614-03 USE-ON-APPEAL: To allow for church use. 119 West Main Street B-2 (General Business) Grace Life Church, Petitioner District 1 Election of Officers: Miscellaneous: Adjourn: