2002-Feb 18 BZA (Special Meeting)
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BILL GILLESPIE, JR.
MAYOR
J. SCOTT STEPHENS, AICP DIRECTOR
CITY OF PRATTVILLE
BOARD OF ZONING ADJUSTMENT
A G E N D A
(SPECIAL MEETING)
February 18, 2020
4:00pm
Call to Order:
Roll Call:
Chairman Jerry Crosby, Vice-Chairman Charles Knapp, Mr. Billy Barrett, Jr., Mr. James Miles, and Mrs. Jerry Schannep.
Minutes:
Old Business:
None
New Business:
1. 200211-01 VARIANCE:
To reduce the required parking spaces.
428 East Main Street
B-2 (General Business)
The Broadway Group, LLC, Petitioner
District 2
Miscellaneous:
Adjourn:
Alabama Code Section 11-52-81
Board of adjustment - Appeals to circuit court from final decision of board of adjustment.
Any party aggrieved by any final judgment or decision of such board of zoning adjustment may within 15 days thereafter appeal therefrom to the circuit court by filing with such board a written notice of appeal
specifying the judgment or decision from which the appeal is taken. In case of such appeal such board shall cause a transcript of the proceedings in the action to be certified to the court to which the appeal is
taken, and the action in such court shall be tried de novo.
Approved 3/10/20
Prattville Board of Zoning Adjustment February 18, 2020 Minutes (Special Meeting) Page 1 of 3
City of Prattville Board of Zoning Adjustment Minutes Special Meeting February 18, 2020
CALL TO ORDER: The special meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Jerry Crosby at 4:06 p.m. on Tuesday, February 18, 2020.
ROLL CALL: Present: Chairman Jerry Crosby, Vice-Chairman Charles Knapp, Mr. Billy Barrett, and Ms. Jerry Schannep. Absent: Mr. James Miles. Also present were supernumerary member Mr. Neal Parker. Quorum Present Staff present: Mr. Scott Stephens, City Planner. MINUTES: There were no minutes available.
OLD BUSINESS: There was no old business to discuss.
NEW BUSINESS: VARIANCE To reduce the required parking spaces. 428 East Main Street B-2 (General Business) The Broadway Group, LLC, Petitioner
Mr. Parker introduced the variance request to reduce the required parking spaces at 428 East Main Street. Mr. Stephens provided background on the variance request. He stated that the Board heard and approve the request for a rehearing of this property on February 11, 2020 at their regular meeting and scheduled a special called meeting for today’s hearing. The site was denied a previous variance request in July 2019. Kelly Steele of the Broadway Group, LLC, petitioner’s representative, presented the request for a
variance to reduce the required 94 parking stalls to 52. She stated that they have redesigned the parking lot to accommodate 52 parking spaces and have proposed a design standard for the building based upon the recommendations by the city’s staff and agreed upon by the developer.
Chairman Crosby opened the public hearing.
Jerry Cimis, 141 N. Chestnut Street spoke in opposition to the request and listed his five reasons why the request should be denied. (Full presentation attached and made a part of the minutes). Thea Langley, 220 First Street, spoke in favor of the request as a resident and business owner in the Historic District of downtown. She felt that the 94 parking spaces would be excessive and under used and the proposed changes to the building is a great compromise for the community. Tim Smith, 204 Deerwood Drive, spoke in favor of the request stating that the proposed changes to the
Approved 3/10/20
Prattville Board of Zoning Adjustment February 18, 2020 Minutes (Special Meeting) Page 2 of 3
building would be more appealing to the gateway into downtown.
Debra Salvador, 1608 Ashwood Drive spoke in opposition to the request because she felt the parking lot was too small to accommodate delivery trucks and that would adversely impact the traffic.
Jon Lee Finnegan, 211 Deer Trace spoke in opposition to the request.
A letter of support for the variance request to reduce the required parking stalls was receive by Jim Byard, Jr., is attached and made a part of the minutes.
Ms. Steele presented a drawing of the delivery truck’s path on the property. She also presented samples of the proposed material for building as recommended conditions by staff, which included a fiber cement sample that had the appearance of a red brick, and a sample that had the appearance of a whitewashed or stone colored brick. She stated all conditions could be met except for item #8; black track letters can’t be done. Signage will comply with code requirements. (See Staff Evaluation in Staff Report 200211-01). The Board agreed with the staff’s recommendation for approval, eliminating the request for black lettering on the sign and accepting the sample material as proposed as guidelines for approval.
Chairman Crosby closed the public hearing.
Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. Parker moved to establish the findings of fact stating that 1) granting of a variance is in harmony with the intent and purposes of the zoning ordinance; 2) that a variance will not adversely affect the
surrounding property, the general neighborhood, or the community as a whole; and 3) that a variance will not allow the establishment of a use prohibited under the terms of the zoning ordinance in an B-2 district; and 4) that no non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or non-conforming use of lands, structures, or buildings in other districts was considered as grounds for the issuance of a variance. Mr. Knapp seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Parker moved to approve the request based on the approved findings of facts contingent that staff recommendations are accepted and followed as agreed by the BZA as listed. 1. The front façade have a stone or stone-appearance base/foundation made from a durable
material 2. The rest of the front façade have a brick or brick-appearance made from a durable material 3. The façade shall include a horizonal ‘stripe’ near the mid-point of the façade, made from the
same stone material found on the foundation 4. The façade shall include periodic vertical ‘stripes’ or pilasters made from the same stone material found on the foundation
5. The front façade will include shutters, faux windows, or other similar element on the façade on either side of the entrance doors 6. The east and west exterior walls will be a continuation of the front façade design theme 7. The dumpster enclosure will be located behind the building 8. The freestanding sign will be a monument clad in one of the same materials from the building, or a pole mounted sign, with the pole clad in one of the same materials from the building. Mr. Barrett seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the variance request for 428 East Main Street to reduce the required number of parking spaces to 52 parking spaces with conditions.
MISCELLANEOUS: ADJOURN:
Approved 3/10/20
Prattville Board of Zoning Adjustment February 18, 2020 Minutes (Special Meeting) Page 3 of 3
After no further comments, questions, or discussion the meeting was adjourned at 5:10 p.m.
Respectfully submitted,
Alisa Morgan, Secretary Board of Zoning Adjustment
CITY OF PRATTVILLE
Planning Department Staff Report
Board of Zoning Adjustment
Variance 200211-01
MEETING DATE: February 18, 2020
PETITIONER: The Broadway Group LLC
PROPERTY OWNER: Pearson Rope, LLC
SUBJECT SITE: 428 East Main Street
REQUEST: To reduce the number of required parking spaces
CURRENT ZONING: B-2 General Business
LOCATION: South side of East Main Street, between Pratt St and New Moon
Dr
FUTURE LAND-USE MAP: Mixed-Use- Commercial
SURROUNDING LAND North: Commercial (M-1)
USES AND ZONING: South: Mobile Home/Single-Family Residential (R-3 & T-1)
East: Commercial/ Mobile Home/ Residential (M-1 & T-1)
West: Commercial/ Single-Family Residential (B-2 & R-3)
DEVELOPEMNT STATUS & HISTORY:
Previous Variance Requests: Variance request (#190709-02) for parking denied; July 2019
Rehearing request for new variance approved; February 11, 2019
Conditions of Previous Approval: N/A
DESCRIPTION OF VARIANCE REQUEST:
1. Reduce the number of parking spaces from the required 94 to 52 (a reduction of 42 spaces)
ZONING ORDINANCE REFERENCED:
The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section
described below: Article 11. –Business Parking Requirements
Article 11, City of Prattville Parking Requirements
Retail Sales or service
establishment not
elsewhere specified
Three (3) spaces per first fifteen hundred (1500) square feet of gross floor
area plus one space per one hundred (100) square feet of gross floor area.
STAFF COMMENTS:
The Broadway Group appeared before the BZA in July 2019 requesting a reduction in parking on this
same property, and the request was denied. The Broadway Group has again applied for a variance for this
Page 2 of 4
location request parking from the required 94 spaces to 52 spaces (the previous request was to reduce to
35 spaces).
Once the BZA has decided a request, no new application for a variance on the same property or portion
thereof shall be accepted for a 365-day period (Zoning Ordinance §37(c)).
Section 37(d):
However, during the 365-day period, the owner, or other party owning a legal interest in the property,
may request a hearing before the Board of Zoning Adjustment to present facts or evidence
demonstrating that conditions, as they existed at the time of the previous request, have changed
substantially to warrant consideration of a request for a variance or a use-on-appeal prior to the end of
the 365-day period.
1. Any applicant requesting a waiver of the 365-day period shall appear before the Board in
accordance with the regular application and hearing procedure.
2. If the Board finds, by the affirmative vote of four members, that conditions have substantially
changed and a waiver warranted, the applicant may submit a new application. Such new
application shall be heard at a subsequent meeting, and shall be subject to all regular
advertising and procedural requirements.
3. Allowing a new application and hearing does not obligate the Board to grant the requested
action.
At the 2/11/2020 meeting, the Broadway Group requested to waive the 365-day waiting period, and the
BZA approved the request. At the same meeting, the BZA moved to have a special called meeting on
2/18/2020, and it was approved.
Applicant is now requesting a variance from the required 94 parking spaces, to a reduced number of 52
(see letter in packet).
STAFF EVALUATION:
The reduction in parking spaces to 52 spaces would not create an adverse impact on surrounding
properties, and would still provide an adequate number of parking spaces for general retail use (see
attached chart of other city’s parking requirements). Based on the proposed site plan, the reduced parking
layout would allow additional distance between parking locations from residential uses as opposed to the
plan with 94 spaces. The proposed layout with 52 spaces would provide adequate room for off-street
truck loading (see attached wheel path provided by applicant).
Recommended Conditions of Approval:
1. The front façade have a stone or stone-appearance base/foundation made from a durable material
(stone, fiber-cement board, or similar)
2. The rest of the front façade have a brick or brick-appearance made from a durable material (brick,
fiber-cement board, or similar)
3. The façade shall include a horizonal ‘stripe’ near the mid-point of the façade, made from the
same stone material found on the foundation
Page 3 of 4
4. The façade shall include periodic vertical ‘stripes’ or pilasters made from the same stone material
found on the foundation
5. The front façade will include shutters, faux windows, or other similar element on the façade on
either side of the entrance doors
6. The east and west exterior walls will be a continuation of the front façade design theme
7. The dumpster enclosure will be located behind the building
8. The building sign will be black track letters and externally illuminated
9. The freestanding sign will be a monument clad in one of the same materials from the building, or
a pole mounted sign, with the pole clad in one of the same materials from the building, with a
neutral (i.e. off-white) colored background and black lettering
Page 4 of 4
#2. Brick or brick
appearance material
#1. Stone foundation
#3 & #4. Horizontal and
vertical ‘stripes’ or
pilasters of alternate
material #5. Shutters, faux
windows, or some other
similar element Picture for illustrative purposes only—not exact copy of proposed building
#9. Freestanding sign
pole clad in same
material as building
Other City/County Parking Ordinances*
City Requirement Spaces**Ref
Hoover, AL
1 space per 200 square feet of floor area and 1 space per 500
square feet of permanent outdoor sales or storage area 52.8 http://www.hooveral.org/DocumentCenter/View/3177/02--Zoning-Ordinancepdf
Huntsville, AL
At least one (1) space for each three hundred (300) square
feet of floor area 35.2 https://www.huntsvilleal.gov/wp-content/uploads/2015/08/ZonOrd-1.pdf
Birmingham, AL 1 per 300 sf of GFA 35.2 https://www.birminghamal.gov/wp-content/uploads/2017/08/Draft-Zoning-Amendments.pdf
Calera, AL 1 per 200sf of GFA 52.8 https://www.cityofcalera.org/DocumentCenter/View/34/off-street-parking-and-loading-requirements?bidId=
Shelby County, AL
One parking space for each two hundred fifty square feet of
floor area.42.3 https://www.shelbyal.com/DocumentCenter/View/49/Zoning-Regulations_Sept2008?bidId=
Northport, AL one (1) space per 250 square feet of gross floor area 42.3 https://files.cityofnorthport.org/media/336152_northport_zoningordinance_20180321.pdf?1521832171
Buellton, CA 1/300sf 35.2 https://qcode.us/codes/buellton/view.php?topic=19-19_04-19_04_142&frames=on
Westminster, CA
1 space per 250 square feet, or major fraction thereof, of
gross floor area 42.3 http://qcode.us/codes//westminster/view.php?topic=17-3-17_320-17_320_020
Houston, TX 4.0 parking spaces for every 1,000 square feet of GFA 42.3 https://www.houstontx.gov/planning/DevelopRegs/docs_pdfs/parking_req.pdf
Salt Lake City, UT 3 spaces per 1,000 square feet gross floor area 31.7 http://www.slcdocs.com/building/b-parking-calculator.pdf
San Luis Obispo, CA One space per 300 square feet gross floor area 35.2 https://www.slocity.org/home/showdocument?id=4656
District of Columbia 1.33 per 1,000 sq. ft. in excess of 3,000 sq. ft.10.1 http://handbook.dcoz.dc.gov/zoning-rules/general-rules/parking/vehicle-parking/
*taken from a simple internet search of Alabama locations and then country-wide locations
**number of parking spaces that would be required for a 10,566sf building
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1ST ST NEWMOONCT Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community
Aerial Map - 428 E Main St
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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community
Location Map - 428 E Main St
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