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01 - January 14PLANNING & DEVELOPME NT DEPARTMENT 102 WEST MAIN STREET PRATTVILLE, 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 January 14, 2014 4:00pm Call to Order: Roll Call: Chairman Leo Jamieson,Vice-Chairman Jerry Schannep,Mr. Jerry Cimis, Mr. Mac Macready,and Mr. James Miles. Alternate Member: Commander Michael Whaley. Election of Officers: Minutes: October 8, 2013 and November 12, 2013 Old Business: None New Business: 1. 140114-01 VARIANCE To reduce the frontage landscaping requirement from 20’ to 10’. 2497 Cobbs Ford Road FAR Zoning District (Forest, Agricultural, Recreation)Tee’s Enterprises, Inc., Petitioner District 5 2. 140114-02 USE-ON-APPEAL To allow use for apartments. Carver Street R-3 Zoning District (Single Family Residential) Mack Post, Jr., Petitioner District 2 3. 140114-03 USE-ON-APPEAL To allow use for electric substation. SW 4th Street and Gin Shop Hill Road R-3/B-2 Zoning Districts Alabama Power Company/Michael Vaughan, Petitioner District 1 Miscellaneous: Adjourn: Prattville Board of Zoning Adjustment January14, 2014 Minutes Page 1 of 4 City of Prattville Board of Zoning Adjustment Minutes January 14, 2014 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Leo Jamieson at 4:03 p.m. on Tuesday,January 14, 2014. ROLL CALL: Present:Chairman Leo Jamieson,Vice-Chairman Mrs. Jerry Schannep, Mr. Gerald Cimis,Mr. Mac Macready,and Mr. James Miles.Absent:None. 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. Chairman Jamieson moved the approval of minutes and the election of officers to the end of the agenda. OLD BUSINESS: None NEW BUSINESS: VARIANCE To reduce the frontage landscaping requirement from 20’ to 10’. 2497 Cobbs Ford Road FAR Zoning District (Forest, Agricultural, Recreation) Tee’s Enterprises, Inc., Petitioner Mr. Duke introduced the variance request to allow changes to the landscape requirements. He stated that the request was made in anticipation of rezoning for proposed businesses.He stated that the property was currently zoned FAR and the petitioner had requested and received a recommendation for approval by the Planning Commission and was now pending consideration of approval by the Prattville City Council.He stated that 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. Greg Gillian of Larry Speaks and Associates, LLC,representative of Tee’s Enterprises, Inc. presented the variance request for the frontage landscape depth on the east side of property (Bass Pro Blvd).He stated that they were shifting the landscaping to prevent disturbing the ground near the detention pond on the adjacent property.He also stated that they were trying to maintain the front and create additional green space (Cobbs Ford Road). He stated that the proposed development is two businesses retail spaces. 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.Mr.Cimis moved to approve as submitted contingent upon City Council approval of the proposed rezoning to B-2.Mr. Miles Prattville Board of Zoning Adjustment January14, 2014 Minutes Page 2 of 4 seconded the motion. The motion to approve passed unanimously. USE-ON-APPEAL To allow use for apartments. Carver Street R-3 Zoning District (Single Family Residential) Mack Post, Jr., Petitioner Mr. Duke provided the staff report for the use-on-appeal request to allow apartments in a single family residential zoned district. He stated that the undeveloped 10 acre parcel was proposed for apartments with a 120 units split among 15 separate structures in two phases. He stated that the layout also includes a single clubhouse serving both phases.He stated that the use was allowed with BZA approval. Greg Gillian of Larry Speaks and Associates, LLC, representative of Mack Post, Jr.presented the use- on-appeal request to allow apartments on the property. He stated that the property was adjacent to the Oak Creek Subdivision. He stated that the initial proposed use for the property was for 25 single family dwellings. He stated that the proposed apartments would be done in two phases. He stated that the first phase proposed for 56 units on seven acres and the subsequent phase would follow two to three years later. Mack Post, petitioner, stated that he was seeking to sell the property for development. He stated that the economic situation prevented him from gaining money building a subdivision rather than apartments. Chairman Jamieson opened the public hearing. Napoleon Steele, 303 Tuskegee Street,spoke in opposition to the request. He stated that the use of apartments would generate more crime. Abraham Bozeman, 321 Tuskegee Street, spoke in opposition to the request. He stated that the proposed use would negatively impact the traffic. Carolyn Guidry, 327 Dillard Street, spoke in opposition to the request due to increased traffic. Ryan MCray, 204 Carver Street, spoke in opposition to the request due to traffic increase. Algie Morgan, 998 Wilberforce Avenue, spoke in opposition to the request. He stated that he was glad to see growth to the community but would like to see housing that is compatible to the existing neighborhood. Earnest Roy, 393 West 4th Street, adjacent property owner, stated that he was concerned about the traffic increase and apartment management.He stated that ownership brings on better investment. Mr. Post stated that he would like the approval for the apartment use. He stated that he couldn’t figure what other use for the property where he could get a return on his money. Mr. Duke stated that the 2007 subdivision approval was for single family residential. He stated that the Future Land Plan/Map adopted by the Planning Commission on January 21, 2010 shows thesubject property’s designation as Low Density Residential. He stated that the proposed use-on-appeal Prattville Board of Zoning Adjustment January14, 2014 Minutes Page 3 of 4 request at 12 units per acre would be considered a medium to high density residential use. Chairman Jamieson closed the public hearing. After no further comments, questions, or discussion, the vote was called.Finding that the use was inconsistent with the Future Land Plan for Low Density Residential, the property was located adjacent to Low Density Residential and the use could potential increase excessive traffic flow;Mr. Cimis moved to deny the request.Mr. Miles seconded the motion. The motion to deny passed unanimously. USE-ON-APPEAL To allow use for electric substation. SW 4th Street and Gin Shop Hill Road R-3/B-2 Zoning Districts Alabama Power Company/Michael Vaughan, Petitioner Mr. Duke provided the staff report for the use-on-appeal to allow an electric substation.He stated that the property was 6.68 acres contained in four parcels.He stated that the property was pending Planning Commission approval to re-plat the four lots into one lot.He stated that the zoning on the property is split between B-2 near Gin Shop Hill Road and R-3, Single Family Residential on the west side. Tim Davis, petitioner’s representative, introduced the use-on-appeal to allow an electric substation. He presented an aerial map of the property showing the four lots to be used. He stated that the two lots to the east were zoned commercial (B-2) and the two lots to the west were zoned residential (R-3). He stated that they were seeking a use-on-appeal rather than rezoning in the event that the substation was no longer used there the property would revert back to its initial zoning.He stated that the substation was to allow for improvement of electric service in the area and to prepare for future growth in the area. He stated that they plan to beautify the substation as best they can. He stated that they had planned to use decorative brick paneling instead of a chain link fence and landscaping with crepe myrtles to the east and wax myrtles to the west. He stated that at the end of December they mailed letters with the rendering of the site to adjacent property owners within 500’along with his contact information and he had not received any opposition to the project. Chairman Jamieson opened the public hearing. Ernest Roy, 393 West 4th Street, spoke in opposition to the request. He stated that the proposed substation would be located within a half mile of an existing substation. John Woody, representative of Alabama Power, stated that the substation located behind the county’s Engineering Office was not owned by Alabama Power. Mr. Duke stated that electric sub-stations were necessary uses in residential and business zoning districts.He stated that by placing these facilities in the use-on-appeal category, the Council has determined that additional, case-by-case scrutiny is necessary before allowing their construction and placement.He stated that it is appropriate for the Board to consider the surrounding development patterns, impacts on those surrounding developments, and whether those impacts can be sufficiently and appropriately mitigated before approving a use-on-appeal. The public hearing was closed. Prattville Board of Zoning Adjustment January14, 2014 Minutes Page 4 of 4 After no further comments, questions, or discussion, the vote was called. Mr.Macready moved to approve the request. Mrs.Schannep seconded the motion. Mr. Miles moved to amend the motion to approve contingent upon working with the Planning Department in making the landscaping appealing.The motion to amend failed for lack of a second. The motion to approve (as submitted) passed by 4/1 vote as recorded. Favor: Mr. Macready, Mrs. Schannep, Mr. Miles, and Chairman Jamieson. Oppose: Mr. Cimis. MINUTES: Mr. Macready moved to approve the minutes of the October 8, 2013 and the November 12, 2013 minutes. Mr. Cimis seconded the motion. The motion passed unanimously. ELECTION OF OFFICERS: Mrs. Schannep moved to elect Mr. Jamieson as Chairman and Mr. Miles as Vice-Chairman and Ms. Morgan as Secretary. The BZA voted 4/1 to approve the elected officers as recorded.Favor: Mr. Jamieson, Mr. Cimis, Mr. Macready and Mrs. Schannep. Oppose: Mr. Miles. MISCELLANEOUS: ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 4:45 p.m. Respectfully submitted, Alisa Morgan,Secretary Board of Zoning Adjustment CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report USE-ON-APPEAL Carver Street Apartments BZA Application – 140114-02 DATE January 12, 2014 PROPOSED DEVLOPMENT Petitioners: Mack Post, Jr. Property Owners: Mack Post, Jr. Agent: Larry E. Speaks and Associates, Inc. (Greg Gillian) Location: Carver Street – west side – north of Live Oak Drive (see Attachment 1) Development Status and History Submission Status: Initial Request for Use-on-Appeal. Property previously included with Oak Creek Subdivision sketch plan and Carver Street, Plat 1 preliminary plat Previous Approvals: Prattville Planning Commission approvals: 1. Oak Creek Subdivision sketch plan – July 19, 2007 2. Carver Street Subdivision – initial preliminary plat approval for 11 lots – September 6, 2007, last renewed November 1, 2011. Conditions of Previous Approvals: Approved for typical single-family lots of 70’ x 150’ (approximately 4 units per acre) Property Configuration Acreage: The proposed 10 acre apartment parcel is part of a larger 52.6 acre parcel under the same ownership. The 10 acre parcel has 892’ of frontage on the west side of Carver Street; located north of Live Oak Drive. The proposed lot has a depth from Carver Street of approximately 670’ along its southern boundary and 173’ along the north property line. The submitted proposal is divided into an initial phase of 7 acres and a second 3 acre phase. Page 2 of 4 Proposed Use: Apartments – 120 units split among 15 separate structures. The layout also includes a single clubhouse serving both phases. Current Zoning: Property is zoned R-3, Single Family Residential Required Zoning: Apartments are permitted in an R-3 district with use-on- appeal approval from the Board of Zoning Adjustment. R-3 Minimum Lot Size 7,500 square feet Minimum Width at Building Line 65 feet Maximum Lot Coverage 35 % Front Setback 25 feet Rear Yard 30 feet Side Yards 8 feet/6 feet 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 Low Density Residential The current zoning designation of R-3, Single-family Residential is consistent with the adopted plan. The proposed use-on-appeal request at 12 units per acre would be considered a medium to high density residential use. Surrounding Developments and Uses: The proposed 10 acre apartment development is part of a larger 52.6 acre sketch plan for single family residential previously approved by the Prattville Planning Commission in 2007. This larger remnant is located to the north and west and currently remains undeveloped and un-platted. To the east and across Carver Street from the proposed development is the College Heights neighborhood platted in 1952. Originally platted as 25’ wide lots, the neighborhood has been developed as single-family residential on consolidated lots with widths of 50’ or Page 3 of 4 greater. South of the proposed development is the Live Oak and Oak Creek Subdivisions. These single-family residential subdivisions were developed in 1975 and 2005. Street Extensions or New Streets: The proposed apartment development creates two new intersections with Carver Street. All drives and parking areas within the apartment development will be private streets subject to the Prattville development regulations. Intersection improvements on Carver Street may be required for one or both intersections at the development review stage. Water and Sewer: Availability of sufficient water and sewer facilities for the proposed development has not been determined at this time. PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: January 3, 2014 Recommendation: Based on Future Land Use maps and location of the proposed site within a predominately single-family residential neighborhood, the request should be denied or modified to significantly reduce the number of apartment units on the site. At minimum, the Board of Adjustment should consider holding further consideration of the request until a traffic impact study can be completed and presented to the Board of review. Planning Staff Comments:  The subject property is part of a larger 52.6 acre tract most recently reviewed by the Prattville Planning Commission as the revised sketch plan for Oak Creek Subdivision (see Attachment 2). The Commission approved the sketch plan submitted by the current property owner and petitioner on July 19, 2007. The sketch plan included fifteen single family residential lots facing Carver Street and a continuation of the existing Oak Subdivision on the remainder of the property. The Planning Commission subsequently approved a preliminary plat for eleven lots (Carver Street, Plat 1) fronting Carver Street on September 6, 2007 and a Page 4 of 4 preliminary plat for forty-seven lots north of Live Oak Drive (Oak Creek Subdivision Plat #3) on November 1, 2007. The Commission found these single-family developments to be consistent with the surrounding developments and the overall future land use pattern.  Land uses in the area surrounding the proposed apartment development are primarily single-family residential. A few duplexes and three to four unit apartment developments can be found on Carver Street and the College Heights neighborhood, but the area has consistently developed as low density, single family residential units. This pattern is supported by the predominant zoning classification in the area – R-3. In its last update to the comprehensive plan, the Planning Commission considered the area stable and kept the future land use classification of low density residential.  Traffic impact should be a major consideration for this proposed development. The apartments will be developed at a density of 12 units per acre rather than the 4 units per acre on typical single family lots. Traffic from the complex must pass low density neighborhoods in order to access the city’s major north/south and east/west arterial streets. Carver Street provides good access to the south, but dead ends to the north. Access to Martin Luther King Drive or Upper Kingston Road is available only by passing through low density neighborhoods (see Attachment 3). Further study and understanding of the potential traffic impacts are necessary before the BZA can make an informed decision.  The City Council considered multi-family developments a legitimate option for districts classified as R-3. By placing apartments as a use-on-appeal option in the district, the Council determined that additional, case-by-case scrutiny is necessary before allowing apartments in R-3. It is appropriate for the Board to consider the surrounding development patterns, impacts on those surrounding developments, and whether those impacts can be sufficiently and appropriately mitigated before approving a use-on-appeal. This proposed apartment complex is not consistent with the surrounding developments and will introduce higher traffic volumes to the surrounding neighborhoods than would be found with residential units permitted by right in an R-3 district. ATTACHMENTS 1. Location Map 2. 2007 Sketch Plan with Apartment Site Overlay 3. Traffic Pattern Map N CT STW 4TH ST U P P E R K I N GS T O N R D W 6TH ST E 6TH STMARTIN LUTHER KING JR DRGARDNER RD W 5TH ST E 3RD ST N NORTHINGTON ST10TH ST 7TH ST LIVE OAK DR COSBY CTWETUMPKA ST S CT STLOWER KINGSTON RD 8TH ST 9TH STCARVER STRIDGEWOOD RD JORDAN CRS E A S Y S T D U R D E N R D BENT TREE DRWILBERFORCE AVEBOOTH ST E 5TH ST E 4TH STWALNUT STHOWARD ST GREENCREST LN MT AIRY DRW 3RD ST NEWBY ST FISK ST AUSTIN VALLEY DR LONG ST PINE STDUNVEGAN DRBUNCHE AVETICHNOR STMELMAR DRS NORTHINGTON STW O O D LA N D A C R ES D R S CHESTNUT STISOM ST N CHESTNUT STESWICK DR HUGHES STJONES STWILLOW OAK DRMAC GRAY PARKS WASHINGTON STBRIDGE ST HUNTS ALY E A S Y C T CONE STSTIRLING RDGBOOTH LN23RD ST N WASHINGTON STKINGSTON PL SPANISH OAK DRCONTINENTAL EAGLE TAYLOR STWHITE OAK CTKINGSTON GARDEN RD GOLDSMITH ST DOUGLAS CI RKINGSTON CTRAILROAD ST BRANCH STN CT ST²1 inch = 800 feetAerial photography date: March 2010 Traffic Pattern Map Proposed Carver StreetApartments Prattville Board of ZoningAdjustment Legend Autauga Co Tax Parcel STREETS ^_ Proposed Carver StreetApartments Routes to Collectors & Arterials from Apts. CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report USE-ON-APPEAL Alabama Power Company Distribution Station BZA Application – 140114-03 DATE January 12, 2014 PROPOSED DEVLOPMENT Petitioners: Alabama Power Company/Michael Vaughn Property Owners: Michael Vaughn Agent: Alabama Power Company (Timothy M. Davis) Location: SW corner of the Gin Shop Hill Road and West 4th Street intersection. Development Status and History Submission Status: Initial Request for Use-on-Appeal or development of the lot. Previous Approvals: N/A Conditions of Previous Approvals: N/A Property Configuration Acreage: 6.68 acres contained in four parcels Proposed Use: Electric power distribution station (sub-station) Current Zoning: Zoning on the property is split between B-2 near Gin Shop Hill Road and R-3, Single Family Residential on the west side Required Zoning: Power distribution stations are permitted with use-on- appeal approval from the Board of Zoning Adjustment. Page 2 of 3 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 Low Density Residential The current zoning designation of R-3, Single-family Residential is consistent with the adopted plan. The B-2 zoning designation for the corner parcel is not consistent with the plan. Surrounding Developments and Uses: The property north of the site and across West 4th Street is zoned B-2, General Business and used for non-retail business operations such as contractor’s office or light manufacturing. To the east and across Gin Shop Hill Road is the vacant Continental Eagle Corporation property zoned B-2, General Business. The property is current under consideration for redevelopment as high-density residential and recreational uses. South of the proposed development is vacant, undeveloped, forested parcels zoned FAR. West of the proposed sub-station are several single-family residential units in an area zoned R-3. Street Extensions or New Streets: The proposed development does not require additional streets or extensions. The proposed development indicates a desire to use the existing driveway from West 4th Street. Water and Sewer: Potable water and sanitary sewer are available on the site, however, neither service is necessary for the proposed use. PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: January 3, 2014 Recommendation: Locating facilities such as the requested sub-station in Page 3 of 3 residential and business area is necessary for providing basic services. However, these uses do not require visibility from the roadway or prime street access to function. The requested location is on a highly visible corner of a prime intersection at the edge of the historic district. Careful consideration should be given to placing the facility on a different lot or mitigating its visual impact to the surrounding properties. Planning Staff Comments:  The City Council considers service facilities such as the electric sub-stations, well- heads, sanitary sewer lift stations to be necessary uses in residential and business zoning districts. These facilities are necessary to provide basic services that are the background of modern urban living. By placing these facilities in the use-on-appeal category, the Council has determined that additional, case-by-case scrutiny is necessary before allowing their construction and placement. It is appropriate for the Board to consider the surrounding development patterns, impacts on those surrounding developments, and whether those impacts can be sufficiently and appropriately mitigated before approving a use-on-appeal.  While the proposed sub-station is necessary for improved power service in the Prattville historic district, the Board of Adjustment should consider the appropriateness of the requested location and its impact on the surrounding property. The proposed location is a highly visible corner adjacent to the 40 acre Continental Eagle Corporation property. The City of Prattville and other entities are currently working toward redevelopment of the Continental Eagle property. The city is encouraging residential uses which complement the other redevelopment efforts the downtown historic district. The visibility of the proposed station from the Continental Eagle property may have an impact on its value for redevelopment.  The proposed site for the electric sub-station was selected by Alabama Power Company due to its proximity to the existing transmission lines. However, such a facility does require visibility from the roadway or prime access in order to function. Consideration should be given to moving the facility to a different location or mitigating its visual impact through screening or placement on the lot. ATTACHMENTS N/A