04 - April 14
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
April 14, 2015
4:00pm
Call to Order:
Roll Call:
Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Cimis, Mr. Mac Macready, and Mrs. Jerry Schannep.
Minutes:
March 10, 2015
Old Business:
None
New Business:
1. 150414-01 VARIANCE
To allow changes in the landscape requirements.
Highway 14 East (Vacant Lot)
B-2 Zoning District (General Business)
Long-Lewis of the River Region, LLC, Petitioner
District 3
2. 150414-02 USE-ON-APPEAL
To allow residential use in a business zoned district.
135 First Street
B-2 Zoning District (General Business)
Prattvillage Associates, Petitioner
District 1
3. 150414-03 VARIANCE
To allow changes to the landscape setback requirements.
Highway 14 East and Malwest Drive (Vacant Lot)
B-4 Zoning District (Highway Commercial)
Standing Boy Properties, Petitioner
District 3
4. 150414-04 USE-ON-APPEAL
To allow a sign in the right-of-way.
Grouby Airport Rd/Highway 14 West
Right-Of-Way
Prattville Airport Authority, Petitioner
District 1
Miscellaneous:
Adjourn:
Prattville Board of Zoning Adjustment
April 14, 2015 Minutes
Page 1 of 3
City of Prattville Board of Zoning Adjustment
Minutes
April 14, 2015
CALL TO ORDER:
The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by
Chairman Leo Jamieson at 4:01 p.m. on Tuesday,April 14, 2015.
ROLL CALL:
Present:Chairman Leo Jamieson,Mr. Gerald Cimis,Mr. Mac Macready,Mr. Jerry Crosby,and Mrs.
Jerry Schannep and Alternate member Commander Michael Whaley.Absent:Vice-Chairman James
Miles.
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:
None
OLD BUSINESS:
None
NEW BUSINESS:
VARIANCE
To allow changes in the landscape requirements.
Highway 14 East (Vacant Lot)
B-2 Zoning District (General Business)
Long-Lewis of the River Region, LLC, Petitioner
Mr. Duke introduced the request for the variance for property on Highway 14 East for the Long-Lewis
property.He stated that the petitioner’s request is to reduce the number of trees by 4 along Highway
14 and by 3 along Old Farm Lane, to eliminate the required berm but will maintain 30’ setback.He
stated that they are also requesting to reduce the required 5’ deep foundation landscaping.
Charles Chambliss of McKee & Associates, petitioner’s representative,presented the request for
changes to the landscape. He stated that they are requesting to reduce the number of trees along
Highway 14 East from 19 to 15; along Old Farm Lane from 12 to 9. He stated that the number of trees
to be eliminated would be filled in other areas on the property.He stated that they request to eliminatethe berm and foundation planting would be 3’ground cover instead because of floor-to-ceiling
storefront glass.
Chairman Jamieson opened the public hearing. There were none to speak.The public hearing was
closed.
After no further comments, questions, or discussion, the vote was called. The BZA voted unanimously
to approve to variance to allow changes in the landscape requirements as presented on property at
Highway 14 East (vacant lot).
Prattville Board of Zoning Adjustment
April 14, 2015 Minutes
Page 2 of 3
USE-ON-APPEAL
To allow residential use in a business zoned district.
135 First Street
B-2 Zoning District (General Business)
Prattvillage Associates, Petitioner
Mr. Duke introduced the use-on-appeal request to allow a residential use in a business district at 135
First Street. He stated that there are six historic structures on the one acre lot on First Street.Each unit
has been and is currently being occupied by office, retail or service uses.
Al Bock, petitioner,presented the request for a residential use in a business district. He stated that he
owns 10 properties in Prattvillage and these units were formerly residential uses that were converted to
business use in 1988. He stated that the property at 135 First Street is very small in comparison to the
other properties and has difficulty renting space for a business. He stated that he has had many request
for the use of a resident. He stated that the residential use would provide additional security for the
businesses in the area. He stated that a study done six years ago showed the residential use in business
districts. He stated that he spoke with current renters in the district and they are favorable of the
residential use. He stated that the unit had been inspected and meets building code requirements for
residential use. He stated that he could provide designated parking for the unit.
Chairman Jamieson opened the public hearing.
Thea Langley, 133 First Street, spoke in favor of the request. She stated that she also operates a
business in the district. She stated that she felt confident that this would be a good use with the
appropriate family residing in the neighborhood.
After no further comments, questions, or discussion, the vote was called. Mr. Cimis moved to approve
the request contingent to a dedicated 2-car parking space and if residential use lapses in a year, the use
converts back to business use. Mrs. Schannep seconded the motion. The BZA voted unanimously to
approve the use-on-appeal to allow a residential use in a business zoned district with contingencies on
property at 135 First Street.
VARIANCE
To allow changes to the landscape setback requirements.
Highway 14 East and Malwest Drive (Vacant Lot)
B-4 Zoning District (Highway Commercial)
Standing Boy Properties, Petitioner
Mr. Duke introduced the variance request to allow changes to the landscape setback requirements at
Highway 14 East and the south east corner of Malwest Drive. He stated that the petitioner is
requesting to eliminate the berm,with no change to the amount of landscape requirements. He stated
that the property was platted prior to adoption of the Landscape Ordinance.
Brandon Bolt, petitioner’s representative, along with Mike Johnson and Terry Phelps of Bolt
Engineering, Inc. presented the request for change to landscape setback requirements. He stated that
the request is needed because of the north east property drainage easement and topography impacts the
development of the site. He stated that landscape will be provided in other areas as required.
Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was
closed.
Prattville Board of Zoning Adjustment
April 14, 2015 Minutes
Page 3 of 3
After no further comments, questions, or discussion, the vote was called. The BZA voted unanimously
to approve to variance to allow changes in the landscape setback requirements as presented on
property at Highway 14 East and Malwest Drive (vacant lot).
USE-ON-APPEAL
To allow a sign in the right-of-way.
Grouby Airport Rd/Highway 14 West
Right-Of-Way
Prattville Airport Authority, Petitioner
Mr. Duked introduced the use-on-appeal request allow a sign in the city’s right-of-way. He stated that
the Sign Regulations require the written opinions of the Chief of Police, the City Engineer, the Fire
Chief, and the Administrator prior to making determination. (Written opinions attached and made a
part of the minutes).
Amy Brabham, member and representative of the Leadership Autauga County class 2015, in
partnership with the Prattville Airport Authority has projected to erect a directional sign to the
Prattville Grouby Field in the city’s right-of-way. She stated that the proposed sign would match the
existing gateway sign in the area.
Chairman Jamieson opened the public hearing.
Catherine Cook, 166 Maple Street,had questions about the sign height and whether there the site
would be landscaped.
Mr. Cimis referred to the drawings that showed the sign to be 10’ and 6” in height.
Ms. Brabham stated that the city would take care of the landscape in the area.
After no further comments, questions, or discussion, the vote was called. Mr. Cimis moved to approve
the request as submitted. Mrs. Schannep seconded the motion. The BZA voted unanimously to
approve the use-on-appeal to allow a sign in the right-of-way on property at Grouby Airport Road and
Highway 14 West.
MISCELLANEOUS:
ADJOURN:
After no further comments, questions or discussion the meeting was adjourned at 5:08 p.m.
Respectfully submitted,
Alisa Morgan,Secretary
Board of Zoning Adjustment
CITY OF PRATTVILLE
Board of Zoning Adjustment
Planning Department Staff Report
VARIANCE Vacant Lot
Alabama Highway 14 East
BZA Application – 150414-01
DATE April 13, 2015
PROPOSED DEVLOPMENT
Petitioner: LLRR Properties, LLC
Property Owners: petitioner
Agent: N/A
Location: Vacant Lot
NE Corner of Old Farm Lane and Alabama Highway 14
East
Development Status and History
Previous Variance
Requests/Approvals:
N/A
Conditions of Previous
Approvals:
N/A
Property Configuration
Acreage: 13 acres
Zoning Classification:
B-4, Highway Commercial
Relevant District
Standards:
Zoning Ordinance, Article 13, Section 135
General Site and Off-Street Parking Area
Landscaping Requirements.
(a) Frontage Landscaping and Foundation Planting
Requirements.
Frontage landscaping shall require a landscaped strip with a
minimum 10-foot depth along all adjacent public rights-of-
way. Frontage landscaping shall include a minimum of one
(1) tree and six (6) shrubs per full forty (40) linear feet of the
frontage strip; shrubs are optional in areas where a berm at
Page 2 of 4
least four (4) feet in height is used, Trees and shrubs shall
be well distributed, though not; necessarily evenly spaced.
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) feet frontage 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 frontage
strip shall be bermed in order to minimize the visual
impact of the off-street 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 per three (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
Foundation Planting shall require a landscaped bed with
a minimum depth of five (5) feet along the front of the
primary structure. The bed shall contain shrubs, or other
greenery with a minimum height of 23 inches and a
maximum spacing of four (4) feet. Greenery shall be planted
within a bed of mulch or ground cover other than turfgrass,
and be protected by some barrier from damage by vehicles
and maintenance equipment. Greenery shall be well
distributed through not necessarily evenly spaced.
Requested Variance:
Effective variance as re-stated by staff (see application for
applicant statement):
1. Reduction of required trees on AL 14 East frontage
from 19 to 15 and on the Old Farm Lane frontage
from 12 to 9
2. Elimination of required berm on both the AL 14
East and Old Farm Lane frontages
3. Reduction of the required foundation landscaping
to less than the required 5’
Page 3 of 4
Statement of Hardship:
(taken from application)
“The owner would bear a hardship by adhering literally to
the Parking Area Landscaping Ordinance in that success
in the intended business, an automobile retail sales
dealership, depends in large part upon the best
presentation of the most vehicles to the passing public.
The owner proposes to go beyond the planting
requirements in some areas and seek relief from certain
aspects of the Ordinance in other areas.”
PLANNING STAFF EVALUATION
Reviewed by: Joel T. Duke, AICP
Site Visits Conducted: Several visits in April 2015
Recommendation: Approval – overall spirit of the ordinance is maintained and
amount of landscaping required is provided on site.
While a special privilege is confirmed on the applicant, the
requested variance is similar to those granted other auto
dealerships.
Planning Staff Comments:
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-4 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;
Page 4 of 4
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-4 district.
ATTACHMENTS
1. Location Map
2. Application
CITY OF PRATTVILLE
Board of Zoning Adjustment
Planning Department Staff Report
USE-ON-APPEAL 135 First Street
BZA Application – 150414-02
DATE January 12, 2014
PROPOSED DEVLOPMENT
Petitioners: Lowren A. Bock
Property Owners: petitioner
Agent: N/A
Location: 135 First Street
Development Status and History
Submission Status: Second request at 135 First Street for use-on-appeal
for same use. Request presented by Prattvillage
Associates at the October 12, 2010 board hearing.
Denied by a 3-1 vote. Minutes and order attached.
Previous Approvals: N/A
Conditions of Previous
Approvals:
None
Property Configuration
Acreage: 135 First Street is located on a 1.11 acre parcel
containing six historic residential structures. Majority
of structures were relocated to the lot for use and
rental as office, retail and service activities.
Proposed Use: Single-family residential use. Applicant states an
intention to limit rental of unit to single individual or
couple – unit is not suitable for families due to limited
space – approximately 500 square feet.
Page 2 of 3
Current Zoning:
Property is zoned B-2, General Business
Required Zoning:
All residential uses are permitted in a B-2 district with
use-on-appeal approval from the Board of Zoning
Adjustment.
Consistency with Adopted
Future Land Use Plan
The Future Land Plan/Map adopted by the Planning
Commission on January 21, 2010 shows the subject
property’s designation as Mixed-Use – Commercial.
The plan states that, “this is a mixed-use category with
a focus on commercial. It implies a rezoning, within
the framework of which would be outlined allowances
– most likely by percentage of square footage – for
commercial and accessory uses. It is geared towards
the redevelopment of existing commercial areas, so
that there would not be a large net gain in retail, while
additional complementary uses would be added.”
Surrounding Developments
and Uses:
The primary land uses to the north, east, and west are
business and service establishments. The sole
exception is the single family units at 325 S. Chestnut
Street.
To the south and across First Street is the Glen Park
apartment complex and 11 townhouse units on Oak
Creek Circle. The remainder of the south side of First
Street is commercial uses.
Street Extensions or New
Streets:
No new streets required for proposed use. Existing
site – no modifications.
Water and Sewer: Sufficient water and sewer facilities are available for
the proposed use.
PLANNING STAFF EVALUATION
Reviewed by: Joel T. Duke, AICP
Page 3 of 3
Site Visits Conducted: April 12, 2015
Recommendation: Based on Future Land Use maps and the location of other
higher density residential uses in the surrounding
neighborhood, the proposed use should be granted with a
certain restrictions.
Planning Staff Comments:
Strategically placed residential uses are considered an intended and complementary
use in the Mixed Use – Commercial land use category. Similar reasoning was used by
the Planning Commission and the City Council when considering rezoning of the
Continental Eagle property to R-4, Multi-family Residential in 2012.
To be successfully integrated into an area that is predominately commercial, the
residential use must be designed to fit the appearance and practices of the area. The
same concept is used when considering home occupations in residential areas. Where
the home occupation should offer little evidence of business activity, the residential use
in the predominately commercial district should be restricted from activities often
overlooked in a residential subdivision such as front yard storage of yard equipment,
grills, and other items.
Given the limited size of the subject structure and the limited presence of residential on
the lot, the Board should consider an expiration of the residential use if the unit is later
returned to commercial use. The expiration would not preclude the owner from applying
for residential again at a later date.
ATTACHMENTS
1. Location Map
2. Application
3. October 12, 2010 Minutes and Order
CITY OF PRATTVILLE
Board of Zoning Adjustment
Planning Department Staff Report
VARIANCE Vacant Lot
Alabama Highway 14 East/Malwest Drive
BZA Application – 150414-03
DATE April 13, 2015
PROPOSED DEVLOPMENT
Petitioner: Standing Boy Properties
Property Owners: petitioner
Agent: Terry Phelps
Location: Vacant Lot
SE Corner of Malwest Drive and Alabama Highway 14
East
Development Status and History
Previous Variance
Requests/Approvals:
N/A
Conditions of Previous
Approvals:
N/A
Property Configuration
Acreage: 1.71 acres
Zoning Classification:
B-4, Highway Commercial
Relevant District
Standards:
Zoning Ordinance, Article 13, Section 145
General Site and Off-Street Parking Area
Landscaping Requirements.
(a) Frontage Landscaping and Foundation Planting
Requirements.
Frontage landscaping shall require a landscaped strip with a
minimum 10-foot depth along all adjacent public rights-of-
way. Frontage landscaping shall include a minimum of one
(1) tree and six (6) shrubs per full forty (40) linear feet of the
frontage strip; shrubs are optional in areas where a berm at
Page 2 of 4
least four (4) feet in height is used, Trees and shrubs shall
be well distributed, though not; necessarily evenly spaced.
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) feet frontage 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 frontage
strip shall be bermed in order to minimize the visual
impact of the off-street 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 per three (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
Requested Variance:
Effective variance as re-stated by staff (see application for
applicant statement):
1. Reduction of required depth of landscaped area on
AL 14 East frontage from 20’ to 11’ and on the
Malwest Drive frontage from 30’ to 7’
2. Elimination of required berm on both the Malwest
Drive frontage
Statement of Hardship:
(taken from application)
“Due to the site being impacted by two frontage road
landscape setbacks and the constraining sloping
topography on the northeast side of the site, the restaurant
is unable to construct enough parking to support its needs
without a landscaping setback variance. Please note that
on Highway 14 the right-of-way cross the property at an
angle which the (required) setback is clipping the
proposed parking. On Malwest Drive landscaping setback
requirement is 30’. Due to the existing topography and
storm runoff drainage on the northeast side of the site we
need to encroach on the Malwest Drive landscape
Page 3 of 4
setback in order to support the parking needs of the
development. Please note that the majority of Malwest
Drive contains a minimum 10’ landscape setback.”
PLANNING STAFF EVALUATION
Reviewed by: Joel T. Duke, AICP
Site Visits Conducted: Several visits in April 2015
Recommendation: Approval – overall spirit of the ordinance is maintained and
amount of landscaping required is provided on site. Lot was
platted prior to initial adoption of landscaping codes in the
1999.
Planning Staff Comments:
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-4 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;
Page 4 of 4
7. A variance will not allow the establishment of a use prohibited under the terms of
the zoning ordinance in a B-4 district.
ATTACHMENTS
1. Location Map
2. Application