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03 - March 11 PLANNING & 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 March 11, 2014 4:00pm Call to Order: Roll Call: Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Cimis, Mr. Mac Macready, and Mrs. Jerry Schannep. Alternate Member: Commander Michael Whaley. Minutes: January 14, 2014 and February 11, 2014 Old Business: None New Business: 1. 140311-01 VARIANCE To add a storage building to a legal non-conforming use. 105 and 113 Pickett Street R-2 Zoning District (Single Family Residential) Thomas L. Davis, Petitioner District 2 2. 140311-02 VARIANCE To reduce the parking requirement from 79 spaces to 50 spaces. Intersection of U.S. Highway 82 and Golson Rd/County Rd 47 FAR Zoning District (Forest, Agricultural, Recreation) Marvin Gentry, Evelyn Gentry Rhodes, Larry Gentry, Petitioners District 1 Miscellaneous: Adjourn: Approved 6/16/14 Prattville Board of Zoning Adjustment March 11, 2014 Minutes Page 1 of 3 City of Prattville Board of Zoning Adjustment Minutes March 11, 2014 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Leo Jamieson at 4:02 p.m. on Tuesday, March 11, 2014. ROLL CALL: Present: Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Gerald Cimis, Mr. Mac Macready, and Commander Michael Whaley. Absent: Mrs. Jerry Schannep. 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. OLD BUSINESS: None NEW BUSINESS: VARIANCE To add a storage building to a legal non-conforming use. 105 and 113 Pickett Street R-2 Zoning District (Single Family Residential) Thomas L. Davis, Petitioner Mr. Duke provided the staff report for the variance request to encroach into the required front, rear and side yards setback. The petitioner was not present at the meeting. Chairman Jamieson opened the public hearing. Joseph Albright, 1050 Spring Street, spoke on behalf of his aunt Mary Underwood who owns property adjacent to the request. He had no objections once realizing that the property in question did not belong to his aunt. The public hearing was closed. Chairman Jamieson held the item over until the last agenda item was heard. After no one was present to represent, the agenda item was tabled. Mrs. Schannep moved to table the request. Mr. Cimis seconded the motion. The motion to table passed unanimously. Approved 6/16/14 Prattville Board of Zoning Adjustment March 11, 2014 Minutes Page 2 of 3 VARIANCE To reduce the parking requirement from 79 spaces to 50 spaces. Intersection of U.S. Highway 82 and Golson Rd/County Rd 47 FAR Zoning District (Forest, Agricultural, Recreation) Marvin Gentry, Evelyn Gentry Rhodes, Larry Gentry, Petitioners Mr. Duke provided the staff report for the variance request to reduce the parking requirements from 79 spaces to 50 spaces. He stated that the 2.5 acre property was located in the southeast connection of the intersection of Highway 82 and Golson Road. He stated that the applicant had presented the Planning Department with a preliminary commercial development plan requiring subdivision approval and a rezoning. Paige Lewis, petitioner’s representative of The Broadway Group, LLC presented the variance request for parking reduction. She stated that stringent landscape and buffer requirements, the additional area needed for septic system, ALDOT flare causes the parking area to be shifted to the rear of the property, which prevents use of the front property for parking, and a drainage gully were items that inhibit the design layout in accordance to the current parking ordinance. She stated that according to their Engineer’s report that they had obtained as shown in Exhibit B, 50 spaces is more than adequate for the proposed development. Mr. Cimis asked the petitioner if additional property could be acquired to accommodate for the parking requirement. Ms. Lewis stated that she did not know if additional property was available. Chairman Jamieson opened the public hearing. Marvin Gentry, 1267 Adell Street, owner and petitioner, stated that he is selling the property for development. He stated that they initially sold 1 ½ acres and then they were approached for an additional one acre because of site work that was required. He questioned the appropriateness of existing business that compared in size with the proposed structure that had fewer lots than the requirement and less than the proposed development. Mr. Duke addressed the question of compatibility stating that the Planning staff had supported variances in the past where good evidence was presented suggesting the standards were excessive for the proposed use and where the applicant made a reasonable attempt to comply. Chairman Jamieson closed the public hearing. After no further comments, questions, or discussion, the vote was called. Mr. Cimis moved to approve as submitted contingent that zoning requirements are met. Mr. Macready seconded the motion. Mr. Cimis moved to amend the motion to approve contingent upon proposed rezoning approval. Mr. Miles seconded the motion. The motion to amend passed unanimously. The amended motion to approve passed unanimously. The BZA voted unanimously to approve the variance to reduce the parking requirements from 79 spaces to 50 spaces at US Highway 82 and Golson Road/County Road 47 contingent upon the approval by City Council for the proposed rezoning. Approved 6/16/14 Prattville Board of Zoning Adjustment March 11, 2014 Minutes Page 3 of 3 MISCELLANEOUS: Mr. Duke presented to the BZA a request to extend the application submission deadline to allow for better efficiency for notification. Mr. Cimis moved to extend the application submission deadline to 30 days prior to meeting. Mr. Miles seconded the motion. The motion passed unanimously. ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 5:51 p.m. Respectfully submitted, Alisa Morgan, Secretary Board of Zoning Adjustment CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report VARIANCE Un-platted Parcel – SE Corner of Intersection of U.S. Highway 82 and Golson Road BZA Application – 140311-02 DATE March 10, 2014 PROPOSED DEVLOPMENT Petitioner: The Broadway Group, LLC Property Owners: Marvin A. Gentry et al Agent: The Broadway Group, LLC Location: SE corner of U.S. Highway 82 and Golson Road Development Status and History Previous Variance Requests/Approvals: N/A Conditions of Previous Approvals: N/A Property Configuration Acreage: 2.5 acres (2.5 acres is currently a part of a 78 acre and 52 acre parcel. Applicant has presented Planning Department with a preliminary subdivision plat creating the 2.5 acre parcel.) Zoning Classification: FAR. (Applicant has presented the Planning Department with a preliminary subdivision development plan requiring subdivision approval and a rezoning. Formal applications for subdivision or rezoning have not been received.) Relevant Standards: 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. Page 2 of 4 Requested Variance: 79 parking stalls required; applicant would like to reduce the number to 50. Statement of Hardship: (taken from application) See attached Exhibit A from application. PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: Several visits in March 2014 Recommendation: Hold final decision on application until zoning approved and formal site plan is submitted for review and comment. Planning Staff Comments: The applicant is requesting a variance to reduce the required parking from 79 spaces to 50 spaces. The applicant has submitted several characteristics of the site stating that they contribute to the need to reduce the parking standard. In addition, the applicant states that a maximum of 30 spaces is all that is required by their tenant and similar retail operations. The argument for a variance based on the property’s characteristics is not strong in this case. Since the property in question is part of two larger undeveloped parcels, the applicant still has the opportunity to secure additional property in order to adjust to the standards. As such, the hardship justification for the requested variance could be considered solely economic and self-created. The Board has relaxed parking restrictions in the past for retail uses after determining they may be excessive for the proposed use. Caution should be used in such cases to account for the potential future uses of the building and lot. B-2 zoning, if granted by the City Council, allows for a wide range of uses. It is helpful to examine the number of spaces that might be required for uses other than general retail that might occupy the proposed building and site. Listed here are the requirements for several potential uses: Office: 36 spaces Open display of automotive, furniture, lumber, etc.: 10 spaces Page 3 of 4 Shopping Center: 46 spaces 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-2 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 R-3 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; 7. A variance will not allow the establishment of a use prohibited under the terms of the zoning ordinance in an B-2 district.  The Planning staff has supported variances in the past where good evidence is presented suggesting the standards are excessive for the proposed use and where the applicant made a reasonable attempt to comply. On March 18, 2003, the staff supported and the BZA approved a parking variance for the Dollar General store at 601 McQueen Smith Road South. The variance reduced the required spaces for the 9,100 square foot store from 79 to 35. No issues regarding parking have been reported or observed at 601 McQueen Smith Rd South in the last decade. In the case before the board, the applicant has proposed 50 spaces for a similar use and building area as the 2003 variance. Based on the requirements for the proposed and other possible uses on the site, the Planning staff foresees no adverse impact if the parking on the subject site is reduced to 50 spaces. Page 4 of 4  As stated earlier in the report, the applicant has submitted the application prior to creation of the lot through subdivision approval and to obtaining zoning that will permit the desired land use. In addition, the applicant has only submitted preliminary site plans for review, such as the one included with this application. Given that several steps are required before the requested variance can even be applied to the yet to be created parcel, the Planning staff request that the item be held pending zoning approval and site plan review. If the Board elects to approve a variance prior to these steps, staff request such approval be contingent and clearly voided if the property remains FAR. ATTACHMENTS 1. Location Map 2. Application including Exhibits A and B.