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PH Agenda Packet 2019-08-06 PUBLIC HEARING AGENDA PRATTVILLE CITY COUNCIL TUESDAY, AUGUST 6, 2019 6:00 P.M. ROLL CALL: CALL TO ORDER: 1. RESOLUTION: To Authorize the Mayor to have Various Weeded Lots Abated per Title 11, Chapter 67 of the Code of Alabama, 1975, as Amended. (Sponsored By: Councilor Starnes) 2. ORDINANCE: To Rezone Property Located at McQueen Smith Road from PUD (Planned Unit Development) to B-2 (General Business) (Petitioner: DHS Holding-3, Inc. Representative: Joe Turner) (Sponsored By: Councilor Cables) HELD FROM JULY 2, 2019 3. ORDINANCE: To Zone Property Located at Old Farm Lane and Covered Bridge Parkway (Parcel 19) to FAR (Forest, Agricultural, Recreational) (Petitioner: City of Prattville/Owners: Alice Avant Wilson & Brentwood Landing II Apartments, LTD). (Sponsored By: Council President Pro Tempore Brown) HELD FROM JULY 2, 2019 4. ORDINANCE: To Zone Property Located at Old Farm Lane and Covered Bridge Parkway (Parcel 24) to FAR (Forest, Agricultural, Recreation) (Petitioner: City of Prattville/Owners: Alice Avant Wilson and Brentwood Landing II Apartments, LTD.). (Sponsored By: Council President Pro Tempore Brown) HELD FROM JULY 2, 2019 RESOLUTION [To Authorize the Mayor to have Various Weeded Lots Abated per Title 11, Chapter 67 of the Code of Alabama, 1975, as Amended.] {Sponsored By: Councilor Starnes} WHEREAS, an abundance of overgrown grass or weeds: 1. is injurious to the public health, safety and general welfare by providing a breeding ground and shelter for rats, mice, snakes and mosquitoes and other vermin; 2. may cause the further spread of weeds; 3. may hide debris, such as glass or metal, that could inflict injury on a person going to such property; and 4. may also pose a fire hazard and respiratory hazard; and WHEREAS, the City Council of the City of Prattville declared in Resolution Book 2019, Page 085, that the abundance of overgrown grass and weeds at various addresses in the City of Prattville constituted a public nuisance and set a public hearing to discuss said nuisances; and WHEREAS, notice, as required by §11-67-62 of the Code of Alabama, 1975, as amended, was provided in The Prattville Progress, by certified mail, and by signage on the subject property; and WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected the properties listed in Resolution Book 2019, Page 085, adopted on July 2, 2019, and determined that the public nuisance still exists; and WHEREAS, the City Council of the City of Prattville held the required public hearing at 6:00 p.m. on August 6, 2019, permitting the owners of same properties listed in Resolution Book 2019, Page 085, to present evidence, objections and protest regarding the proposed removal of weeds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville declares that the abundance of overgrown grass and weeds on the properties continue to be a public nuisance: • 211 Gardenia Court – Carter Homes LLC, C/O Hanks, Nicholas Roy, 211 Gardenia Ct., Prattville, AL 36067 (19-02-09-1-005-080.000) • 1001 Oates Road – Landry, Eleesa C., 1001 Oates Road, Prattville, AL 36066 (19-05-15-2-002-018.000) BE IT FURTHER RESOLVED that: The Mayor shall have the overgrown grass and weeds on the property listed above cut or removed using city forces or private contractors. Any property owner shall have the right to have any weeds removed at his or her own expense provided the removal is done prior to the commencement of work by employees or agents of the City of Prattville. The Mayor shall keep an accounting of all costs related to the removal of overgrown grass and weeds and report such cost to the City Council following their removal. ADOPTED THIS 6TH DAY OF AUGUST, 2019. ________________________ By: Albert Striplin, President Prattville City Council AUTHENTICATED THIS 6TH DAY OF AUGUST, 2019. ________________________ By: Cathy Dickerson City Clerk APPROVED: ________________________ By: Bill Gillespie, Jr. Mayor RESOLUTION BOOK 2019, PAGE ____ HELD FROM JULY 2, 2019 ORDINANCE [To Rezone Property Located at McQueen Smith Road from PUD (Planned Unit Development) to B-2 (General Business) (Petitioner: DHS Holding-3, Inc. Representative: Joe Turner).] {Sponsored By: Councilor Cables} BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: THAT the zoning ordinance of the City of Prattville, Alabama adopted on February 10, 1950, subsequently amended from time to time, and the zoning map adopted on the 1st day of May, 1987, are hereby amended to reclassify the property described in Attachment “A”; and THAT this proposed Ordinance and a synopsis was advertised for two (2) weeks in the Prattville Progress, a newspaper of general circulation within the City Limits of the City of Prattville, and that the City Council of the City of Prattville, at its Public Hearing on the 6th day of August, 2019 at 6:00 p.m., considered said proposed ordinance and that at such time and place all persons who desired had an opportunity to be heard in favor of or in opposition to such ordinance. ALL other items and provisions of the zoning ordinance of the City of Prattville not herein specifically amended shall remain in full force and effect. THE amendments herein contained were considered and recommended by the City of Prattville Planning Commission on June 20, 2019. THIS ordinance shall become effective upon its passage and execution as provided by law. ADOPTED THIS 6th DAY OF AUGUST, 2019. ________________________ By: Albert Striplin, President Prattville City Council AUTHENTICATED THIS 6th DAY OF AUGUST, 2019. ________________________ By: Cathy Dickerson City Clerk APPROVED: ________________________ By: Bill Gillespie, Jr. Mayor ORDINANCE BOOK 2019, PAGE _____ HELD FROM JULY 2, 2019 ORDINANCE [To Zone Property Located at Old Farm Lane and Covered Bridge Parkway (Parcel 19) to FAR (Forest, Agricultural, Recreational) (Petitioner: City of Prattville/Owners: Alice Avant Wilson & Brentwood Landing II Apartments, LTD).] {Sponsored By: Council President Pro Tempore Brown} BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: THAT the zoning ordinance of the City of Prattville, Alabama adopted on February 10, 1950, subsequently amended from time to time, and the zoning map adopted on the 1st day of May, 1987, are hereby amended to reclassify the property described in Attachment “A” to FAR (Forest, Agricultural, Recreational); and THAT this proposed ordinance and a synopsis was advertised for two (2) weeks in the Prattville Progress, a newspaper of general circulation within the City Limits of the City of Prattville, and that the City Council of the City of Prattville, at its Public Hearing on the 6th day of August, 2019 at 6:00 p.m., considered said proposed ordinance and that at such time and place all persons who desired had an opportunity to be heard in favor of or in opposition to such ordinance. ALL other items and provisions of the zoning ordinance of the City of Prattville not herein specifically amended shall remain in full force and effect. THE amendments herein contained were considered and recommended by the City of Prattville Planning Commission on May 16, 2019. THIS ordinance shall become effective upon its passage and execution as provided by law. ADOPTED THIS 6th DAY OF AUGUST, 2019. ________________________ By: Albert Striplin, President Prattville City Council AUTHENTICATED THIS 6th DAY OF AUGUST, 2019. ________________________ By: Cathy Dickerson City Clerk APPROVED: ________________________ By: Bill Gillespie, Jr. Mayor ORDINANCE BOOK 2019, PAGE _____ HELD FROM JULY 2, 2019 ORDINANCE [To Zone Property Located at Old Farm Lane and Covered Bridge Parkway (Parcel 24) to FAR (Forest, Agricultural, Recreation) (Petitioner: City of Prattville/Owners: Alice Avant Wilson and Brentwood Landing II Apartments, LTD.).] {Sponsored By: Council President Pro Tempore Brown} BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: THAT the zoning ordinance of the City of Prattville, Alabama adopted on February 10, 1950, subsequently amended from time to time, and the zoning map adopted on the 1st day of May, 1987, are hereby amended to reclassify the property described in Attachment “A” to FAR (Forest, Agricultural, Recreation); and THAT this proposed ordinance and a synopsis was advertised for two (2) weeks in the Prattville Progress, a newspaper of general circulation within the City Limits of the City of Prattville, and that the City Council of the City of Prattville, at its Public Hearing on the 6th day of August, 2019 at 6:00 p.m., considered said proposed ordinance and that at such time and place all persons who desired had an opportunity to be heard in favor of or in opposition to such ordinance. ALL other items and provisions of the zoning ordinance of the City of Prattville not herein specifically amended shall remain in full force and effect. THE amendments herein contained were considered and recommended by the City of Prattville Planning Commission on May 16, 2019. THIS Ordinance shall become effective upon its passage and execution as provided by law. ADOPTED THIS 6th DAY OF AUGUST, 2019. ________________________ By: Albert Striplin, President Prattville City Council AUTHENTICATED THIS 6th DAY OF AUGUST, 2019. ________________________ By: Cathy Dickerson City Clerk APPROVED: ________________________ By: Bill Gillespie, Jr. Mayor ORDINANCE BOOK 2019, PAGE _____