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2005-May 12 BZA 1 0 2 W e s t M a i n S t r e e t \ P r a t t v i l l e , A L 3 6 0 6 7 \ 334. 5 9 5 . 0 5 0 0 \ p r a t t v i l l e a l . g o v BILL GILLESPIE, JR. MAYOR J. SCOTT STEPHENS, AICP DIRECTOR CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A May 12, 2020 4:00pm Call to Order: Roll Call: Chairman Jerry Crosby, Vice-Chairman Charles Knapp, Mr. Billy Barrett, Jr., Mr. Greg Duke, and Mrs. Jerry Schannep. Minutes: March 10, 2020 Old Business: None New Business: 1. 200414-01 USE-ON-APPEAL: To allow a church use on property. 1176 McQueen Smith Road South R-3 (Single Family Residential) Centerpoint Fellowship Church, Petitioner District 5 2. 200414-02 USE-ON-APPEAL: To operate a home lawn care business. 648 Vintage Way R-5 (Patio Garden Homes) Brandon Vaughn, Petitioner District 7 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 6/9/20 Prattville Board of Zoning Adjustment May 12, 2020 Minutes Page 1 of 2 City of Prattville Board of Zoning Adjustment Minutes May 12, 2020 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Jerry Crosby at 4:00 p.m. on Tuesday, May 12, 2020. ROLL CALL: Present: Chairman Jerry Crosby, Vice Chairman Charles Knapp, Mr. Billy Barrett, Mr. Greg Duke and Ms. Jerry Schannep. Absent: None. Also present was supernumerary member Mr. Neal Parker. Quorum Present Staff present: Mr. Scott Stephens, City Planner and Ms. Alisa Morgan, Secretary. Due to a conflict of interest, Chairman Crosby recused himself from acting on agenda item #1, Vice-Chairman Knapp chaired the meeting. Alternate member, Neal Parker filled in the seat in Chairman Crosby’s recusal. OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: USE-ON-APPEAL To allow a church use on property. 1176 McQueen Smith Road South R-3 (Single Family Residential) Centerpoint Fellowship Church, Petitioner Mr. Stephens provided the staff report for a use-on-appeal to allow a church use on property currently zoned as R-3, Single Family Residential located at 1176 McQueen Smith Road. Tom Hall, petitioner’s representative, presented the request to allow a church use on property at 1176 McQueen Smith Road for Centerpoint Fellowship Church. He stated that the church would utilize approximately 23 acres of the northern section of the property shown. Chairman Crosby opened the public hearing. Marianne Dillard, 1822 Jenny Drive, spoke in support of the church use. She submitted a letter to be added to the minutes. (Attached) Jon Lee Finnegan, 211 Deer Trace, spoke in support of the church use. She expressed her concerns about people making a cut through from the property to access the park. She also asked about future use of the remainder of the church property. Mr. Hall addressed the comment of the future use plan stating that there is no proposed future use at this time. There are no plans for schools. After no further comments, the public hearing was closed. Vice-Chairman Knapp opened discussion for the Board. After their discussion, the vote was called. Approved 6/9/20 Prattville Board of Zoning Adjustment May 12, 2020 Minutes Page 2 of 2 Mr. Barrett moved to establish the findings of fact stating that 1) the proposed church use is an allowable use-on-appeal, and is not a prohibited use in a R-3 district and 2) development of the proposed use at 1176 McQueen Smith Road South is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance. Mrs. Schannep seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Duke moved to approve the request as submitted based on the approved findings of fact. Mrs. Schannep seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the use-on-appeal to allow a church use on property located at 1176 McQueen Smith Road. Chairman Crosby resumed his seat as Chairman, Mr. Parker released his seat. USE-ON-APPEAL To operate a home lawn care business. 648 Vintage Way R-5 (Patio Garden Homes) Brandon Vaughn, Petitioner Mr. Stephens recommended that the request be tabled since there was no representative present. Mr. Duke moved to table the request until the next meeting. Mr. Barrett seconded the motion. The motion to table passed unanimously. MINUTES: Chairman Crosby moved to approve the minutes of the March 10, 2020, regular meeting. Mr. Knapp seconded the motion. The motion to approve passed unanimously. MISCELLANEOUS: ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 4:20 p.m. Respectfully submitted, Alisa Morgan, Secretary Page 1 of 2 Staff Report Board of Zoning Adjustment Use On Appeal 200414-01 MEETING DATE: May 12, 2020 PETITIONER: Centerpoint Fellowship Church PROPERTY OWNER: H D & D Land Company c/o David Smith SUBJECT SITE: 1176 McQueen Smith road south REQUEST: Use-On-Appeal/ Construct a church on land zoned as R-3 CURRENT ZONING: R-3 (Single-Family dwellings) LOCATION: 1176 McQueen Smith road south SURROUNDING LAND North: FAR & R-3 (Single-Family Residential) USES AND ZONING: South: B-2 (Commercial) East: P.U.D & B-2 (Hedgefield Subdivision and Commercial) West: R-2 (Single Family Residential) DEVELOPEMNT STATUS & HISTORY: Previous Requests: Rezoning (RZ-2018-02) from FAR & R-2 to R-3 & B-2 Conditions of Previous Approval: Approved March 15, 2018 DESCRIPTION OF REQUEST: 1.“We request to construct a church (place of assembly) on land zoned R-3” ZONING ORDINANCE REFERENCED: Article 7 – District Requirements Section 71 – Uses permitted on appeal: Public utility structures, such as electric substations, gas metering stations, sewage pumping stations and similar structures; general hospitals for humans, except primarily for mental cases; churches; cemeteries; semi-public buildings; golf courses; municipal, county, state or federal use; kindergartens, nurseries, nursery schools, day care centers, private schools; and satellite dishes or discs, not defined herein: ANAYLSIS/EVALUATION: This parcel of land was originally zoned as FAR but was rezoned as R-3 & B-2 in 2018. The applicant desires to construct a church on this parcel utilizing 23± acres of land. The church will be operating normal business hours of 8am-5pm (Mon-Fri) & worship services on Wednesday (6pm-8:30pm), Sunday (8am, 9:30am, & 11am) Page 2 of 2 Below is the staff assessment of the three general question applicable to uses-on-appeal: 1. Is the proposed church an allowable use-on-appeal, and not a prohibited use in an R-3 district? The requested use is an allowable use-on-appeal. It is NOT a prohibited use in an R-3 district. 2. Is development of the proposed church on McQueen Smith Road South in the public interest? Does the proposed development meet the spirit of the City of Prattville Zoning Ordinance? At present, the property is an undeveloped parcel and would require the coordination of an architect and engineer to develop the site and church under the City of Prattville development standards. The zoning ordinance would require the church to follow the setbacks required in R-3 Zoning, and the adequate parking area required per number of seats. Furthermore, the site would require a detailed landscape plan. For parking areas abutting a residential area, a 20’ landscaped buffer is required with sufficient plantings to reach 8’ height within a two year period. Additional interior lot landscape islands are required for a parking area with 40 or more spaces. 3. Does the proposed church use cause substantial adverse impact to adjacent or nearby properties or uses? The proposed use of a church on the vacant 23± acre site will be further examined by a detailed engineered site plan for a further analysis of impact to adjacent properties, however, proposed driveway access connects to McQueen Smith Road, and not through residential streets. Landscape buffers will create separation between the church use and nearby residential. A storm water management plan with areas of detention/retention would be required to mitigate storm water under the City of Prattville’s MS4 storm water management policies. The Board shall review the application for compliance with this ordinance and all other applicable codes and ordinances of the city. The Board shall make written findings determining that the proposed use-on-appeal will not (§35): 1. Be contrary to the public interest and will insure that the spirit of this ordinance is observed; 2. Permit the establishment of a use prohibited in the zoning district; or 3. Cause a substantial adverse impact on property or improvements in the vicinity or in the district in which the proposed use is located. REF.DRAWN BY:ISSUE DATECHECKED BY:sheetofA E D G F H 1 2 3 4 65 7 8 109 B C 1 2 3 4 65 7 8 109 CENTERPOINTFELLOWSHIP CHURCHPRATTVILLE, ALABAMACMGM-200036Preliminary Plan04.17.20202660 East Chase Lane, Suite 200T 334.271.3200G M C N E T W O R K . C O MMontgomery, AL 36117PRELIMSITE PLANC3.010 60'120' Scale: 1" = 60' 1,053,368 s.f.Site Area Total Regular Parking Provided 38,443 s.f. Site Data 483 469 14Handicap Building Area Coverage 3.7% Building T:\Montgomery\CMGM Proj\Centerpoint Church\20-0036 Centerpoint Church Prattville\0 DWG\+PLANS\C3.0-SITE PLAN-BUILDING.dwg © 2020 Microsoft Corporation © 2020 DigitalGlobe ©CNES (2020) Distribution Airbus DS © 2020 Microsoft Corporation © 2020 DigitalGlobe ©CNES (2020) Distribution Airbus DS © 2020 Microsoft Corporation © 2020 DigitalGlobe ©CNES (2020) Distribution Airbus DS © 2020 Microsoft Corporation © 2020 DigitalGlobe ©CNES (2020) Distribution Airbus DS REF.DRAWN BY:ISSUE DATECHECKED BY:sheetofA E D G F H 1 2 3 4 65 7 8 109 B C 1 2 3 4 65 7 8 109 CENTERPOINTFELLOWSHIP CHURCHPRATTVILLE, ALABAMACMGM-200036Preliminary Plan04.17.20202660 East Chase Lane, Suite 200T 334.271.3200G M C N E T W O R K . C O MMontgomery, AL 36117AERIALSITE10 100'200' Scale: 1" = 100' T:\Montgomery\CMGM Proj\Centerpoint Church\20-0036 Centerpoint Church Prattville\0 DWG\+PLANS\tmp\AERIAL.dwg HWY 82 BYP E JAY ST SHEILA BLVDTHAMES DRMCQUEEN SMITH RD STERI LNAMA N D A L N IRMA LNJENNY DRJANI C E S T S M E M O R I A L D RPATTILP RU F US RD BIG OAK DR HEDGEFIELD DR DEBRA ST CHERRY TREELANE CYN T H IA S THWY 82 BYP E JAY ST SHEILA BLVDMCQUEEN SMITH RD STHAMES DRTERI LNAMA N D A L N IRMA LNJ E N N Y D R JANICE ST Aerial Map - 1176 McQueen Smith Rd S ± Legend Streets Subject Area Autauga Tax Parcels 0 1,000500 Feet Locations are approximate HWY 82 BYP ESHEILA BLVDS M E M O R I A L D RJANICE STTARA DR JAY ST TERI LN THAMES DRS W E E T RIDGE RD AMANDALN CYNTHIA ST BETH MANOR DR MCQUEEN SMITH RD SDEBRA ST IRMA LNCHE R R Y T REELANE JEN NYDRHAR V EST LP DEEDRIVEY LNLORI STAUTUMNRDHEDGEFIELDDR B R ANDYLNALECIA DRSTANTON WY HEATHERDRSU M ME RL NARB ORLNHARE CIRW IN TERPL MARA CTP A TTIL P R UFUSRD DUNN LNMANASCOLN L O N G V IE WHEIGHTSRDHEDGEFIELDW A Y BL AKELE Y C T DANIE LPRATTS E R ENITYDRW T E R I C T SHANNON C T TIFFANY DRBIG OAK DR DELLWOO D C TAUTUMNCTE FLINT WILLIAMS AVE BARN CUTAMELIA DRHWY 82 BYP E SHEILA BLVDS M E M O R I A L D R JANI C E S T TARA DR JAY ST TERI LN SWEET RIDGE RDAMANDA LNIRMA LNCHERRY TREE LANEJENNY DRHARVEST LPSILVER HILLS DRWINTER PLPAT T I L P E TERI CTSILVER CREEK C IR Location Map - 1176 McQueen Smith Rd S ± Legend Streets Subject Area Autauga Tax Parcels 0 2,0001,000 Feet Locations are approximate HWY 82 BYP E JAY ST SHEILA BLVDTHAMES DRMCQUEEN SMITH RD STERI LNAMA N D A L N IRMA LNJENNY DRJANI C E S T S M E M O R I A L D RPATTILP RU F US RD BIG OAK DR HEDGEFIELD DR DEBRA ST CHERRY TREELANE CYN T H IA S THWY 82 BYP E JAY ST SHEILA BLVDMCQUEEN SMITH RD STHAMES DRTERI LNAMA N D A L N IRMA LNJ E N N Y D R JANICE ST R-3 R-2 B-2 B-2 B-2 F.A.R. R-3 R-3 R-3 R-2R-2 P.U.D. B-2 R-3 B-2 P.U.D. F.A.R. R-3 Zoning Map - 1176 McQueen Smith Rd S ± Legend Streets Subject Area Autauga Tax Parcels R-2 R-3 B-2 F.A.R. P.U.D. 0 1,000500 Feet Locations are approximate HEDGEFIELD DR STANTON WYMCQUEEN SMITH RD SMA N A S C O L N FLINT WILLIAMS AVE BLAKELEY CTPRIVET COURTBARBERRY COURTR-3 B-2 P.U.D. P.U.D. R-2 B-2 F.A.R.R-3 B-2 P.U.D. 11 22