2209 September 13 BZA102 West Main Street \ Prattville, AL 36067 \ 334. 595.0500 \ prattvilleal.gov
BILL GILLESPIE, JR.
MAYOR
J. SCOTT STEPHENS, AICPDIRECTOR
CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A September 13, 2022 4:00pm
The Pledge of Allegiance:
Invocation:
Roll Call:
Chairman Charles Knapp, Vice-Chairman Billy Barrett, Jr., Mr. Jerry Crosby, Mr. Greg Duke, and Ms. Sarah Johnson.
Call to Order:
Character Trait of the Month: Loyalty…Demonstrating commitment to others.
Committee Reports:
Old Business: None
New Business:
1. 220913-01 SPECIAL EXCEPTIONTo allow a mini-storage facility in a B4 District. 284 Interstate Commercial Park Loop Dilip Haribhai Patel, Petitioner
Public Hearing
District 3
2. 220913-02 SPECIAL EXCEPTION:To allow a mini-storage facility in Downtown Overlay District 475 E Main Street Preston & Stacey Jennings, Petitioners
Public Hearing District 2
Minutes: August 9, 2022
Adjourn:
Approved 10/11/2022
Prattville Board of Zoning Adjustment
September 13, 2022 Minutes
Page 1 of 3
City of Prattville Board of Zoning Adjustment Minutes September 13, 2022 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) convened at 4:01 p.m. on Tuesday, September 13, 2022 in the Prattville City Hall Council Chambers. After the pledge of Allegiance, Ms. Johnson gave the invocation.
ROLL CALL: Members present were Vice-Chairman Billy Barrett, Mr. Jerry Crosby, and Ms. Sarah Johnson. Chairman
Charles Knapp and Mr. Greg Duke were absent. Also present was supernumerary member Mr. Neal Parker. Quorum Present
Staff present were Mr. Scott Stephens, City Planner; Mr. Tommie Williams, Planner; and Ms. Alisa Morgan, Secretary. MINUTES: Mr. Crosby moved to approve the minutes of the August 9, 2022, regular meeting. Mr. Parker seconded the motion. The motion to approve passed unanimously. CHARACTER TRAIT OF THE MONTH: The Character Trait of the Month is Loyalty…Demonstrating commitment to others. Vice-Chairman Barrett stated the governing rules for the Prattville Board of Zoning Adjustment and the procedure of the meeting. COMMITTEE REPORTS: There were no reports to be made. OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: SPECIAL EXCEPTION To allow a mini-storage facility in a B4 District. 284 Interstate Commercial Park Loop Dilip Haribhai Patel, Petitioner Mr. Williams introduced the special exception request to allow a mini-storage facility in a B4 zoned district on property located at 284 Interstate Commercial Park Loop. He stated that the use is an allowable use with the board’s approval. The petitioner provided pictures of examples of the building they propose.
Anon Patel, petitioner’s representative, presented the request to allow a mini-storage facility on property locate at 284 Interstate Commercial Park Loop. He stated that they are proposing to construct a 500-700 unit building that is similar to the pictures presented that will be 3 to 4 stories and the façade will conform
to the structures in the area. He stated that they did not invest in any renderings at this time to seek approval for the use first.
Vice-Chairman Barrett opened the floor for public comments. Jon Lee Finnegan, 211 Deer Trace, inquired about vehicle storage and location or placement of roll up doors as represented in the drawings.
Approved 10/11/2022
Prattville Board of Zoning Adjustment
September 13, 2022 Minutes
Page 2 of 3
Mr. Patel addressed the comments stating that there will only be indoor parking of vehicle storage and roll up doors will not be visible from the outside. Bob Wilson, 1800 Alabama Avenue, Jasper, Alabama, expressed the possibility of developing a hotel on his property adjacent to the proposed location. He stated that they need access from the Interstate Commercial Park Loop to his property and he questioned what the revenue generated from the proposed use and the height restrictions on the building.
Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Ms. Johnson moved to establish the findings of fact stating that 1) development of the proposed use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; 2) the proposed mini
storage facility is an allowable special exception, and is not a prohibited use in a B-4 district; and 3) the proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. Crosby 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 as proposed based on the approved findings of fact contingent that the final placement and the appearance of the building be as described and presented in the submitted pictures. Ms. Johnson seconded the motion. The motion to approve passed unanimously. SPECIAL EXCEPTION: To allow a mini-storage facility in Downtown Overlay District 475 E Main Street Preston & Stacey Jennings, Petitioners
Mr. Stephens introduced the special exception request to allow a mini storage unit on property located at 475 E. Main Street. He stated that the conceptual proposal is shown in the submitted site plan. Parking is proposed in the rear of the building. He stated that the property is located in the new Downtown Overlay District. He stated the purpose of this overlay district is “is to assure new development, redevelopment and reinvestment in Downtown Prattville is consistent with its walkable, historic development pattern and to promote a diversity of business, institutional and other compatible uses.” He stated that the BZA
should determine if this use is compatible with that purpose and if the location is suitable for the proposed use. Preston & Stacey Jennings, petitioners, presented the request to allow a mini-storage facility on property locate at 475 E. Main Street. They stated that they are proposing to construct a 19000 ft2 2-story metal building with brick veneer and hardie siding. Vice-Chairman Barrett opened the floor for public comments. Gerald Cimis, 141 N. Chestnut Street, stated that he had not time to review the packet and requested that the public hearing be postponed (Email attached and made a part of the minutes). Mr. Stephens addressed the time issuance deadline and assured that the petitioners had submitted a complete application for the use request submitted. He stated that the applicants’ submitted site plan and other information is only conceptual and has not been fully evaluated for compliance with the zoning
ordinance, building code, or other applicable regulations. Jon Lee Finnegan, 211 Deer Trace, spoke in opposition to the request.
After no further comments, the public hearing was closed.
Chairman Knapp opened the discussion for the Board. In their discussion, the Board wanted to see more detailed information on the proposed building, site, landscaping, lighting, and parking for customers,
Approved 10/11/2022
Prattville Board of Zoning Adjustment
September 13, 2022 Minutes
Page 3 of 3
employees, and stored vehicles. Mr. Parker moved to hold the request until the next month’s meeting. Ms. Johnson seconded the motion. The motion to hold passed unanimously. MISCELLANEOUS: ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 4:59 p.m. Respectfully submitted,
Alisa Morgan, Secretary
Board of Zoning Adjustment
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Board of Zoning Adjustment
Staff Report
Special Exception 220913-01
MEETING DATE: September 13, 2022
PETITIONER: Dilip Haribhai Patel
PROPERTY OWNER: Dilip Haribhai Patel
SUBJECT SITE: Interstate Highway Park Loop
REQUEST: Construction Multi-Story Indoor Self Storage Units in a B-4 zone
CURRENT ZONING: B-4 (Highway Commercial)
LOCATION: 284 Interstate Commercial Park Loop
SURROUNDING LAND North: B-4 (Highway Commercial)
USES AND ZONING: South: B-4 (Highway Commercial)
East: B-4 (Highway Commercial)
West: B-4 (Highway Commercial)
DEVELOPMENT STATUS & HISTORY: N/A
DESCRIPTION OF REQUEST:
1. A Special Exception has been requested for the construction of a multi-story indoor climate control self-
storage unit in a B-4 (Highway Commercial)
ZONING ORDINANCE REFERENCED:
The provisions of the Zoning Ordinance in which item 1 is requested are referenced in the section described below:
Table 5-1: Uses Permitted in Nonresidential Districts
Page 2 of 3
§7.14 Mini-Storage Facilities
§7.14.01 The use of storage compartments is limited to the storage of personal property. However, this does not preclude
periodic auctions held on the premises to dispose of abandoned items.
§7.14.02 No storage of volatile, toxic or explosive materials is permitted, either inside the structure or on the
premises
§7.14.03 The Director may require screening around the perimeter of the site as part of Site Plan approval. Any
outdoor storage must be screened from public view and from adjoining properties as required in §10.03
Screening.
Article 12. – Board of Zoning Adjustment
Below is the staff assessment of the three general question applicable to Special Exception (§12.03.04):
1. Is proposed use in the public interest? Does the proposed development meet the spirit of the City of Prattville
Zoning Ordinance?
The proposed use will not be contrary to the public interest and will be in the spirit of the zoning ordinance. Per
Table 5-1, Mini-Storage Facilities are allowed by Special Exception in a B-4 Highway Commercial Zoning
Districts, subject to §7.14
2. Is the proposed use an allowable Special Exception and not a prohibited use in a B-4 district?
The requested use is an allowable Special Exception and is not specifically a prohibited use in a B-4
district.
3. Does the proposed use cause a substantial adverse impact to adjacent or nearby properties or uses?
The proposed use should not cause a substantial adverse impact on property or improvements in the vicinity or in
this B-4 district. The proposed construction is located in the rear of a cluster of businesses, and the parcels to the
north, south, east, and west are vacant.
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 Special Exception will not (§12.03.04):
1. Be contrary to the public interest and will insure that the spirit of this ordinance is observed; or
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.
PLANNING STAFF EVALUATION:
Reviewed by: Tommie Williams, Planner
ANALYSIS/EVALUATION:
Page 3 of 3
The applicant is proposing to construct a multi-story indoor climate control self-storage building in a B-4 district. It should
be noted that there should be no storage of volatile, toxic, or explosive materials. If the applicant is proposing outdoor
storage it must be screened from public view and from adjoining properties as required in §10.03 Screening.
Self-Storage Units are allowable in B-4 (Highway Commercial) Districts via the Special Exception process. Please see the
above reference to Zoning Ordinance §7.14 Mini Storage Facilities for regulations and requirements of Mini Storage
Facilities Units. As proposed, the Mini Storage Facilities Unit will meet all requirements of the Prattville Zoning Ordinance.
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From:Stephens, Scott
To:Morgan, Alisa
Subject:FW: [EXTERNAL]Mini-Storage at 475 E. Main St.
Date:Monday, September 12, 2022 10:55:01 AM
For the BZA packet.
J. Scott Stephens | scott.stephens@prattvilleal.gov | 334.595.0501
-----Original Message-----
From: Gerald Cimis <gcimis1@outlook.com>
Sent: Monday, September 12, 2022 10:30
To: Stephens, Scott <Scott.Stephens@prattvilleal.gov>
Cc: Gillespie, Bill <Bill.Gillespie@prattvilleal.gov>
Subject: [EXTERNAL]Mini-Storage at 475 E. Main St.
This email originated from outside the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe. If you are unsure if the email is safe, please forward it to help@prattvilleal.gov.
Hi Scott,
Yes, please forward this email and my Sept. 11 email to the BZA Members and BZA Secretary for atch to the
Minutes. I intend to speak at the Public Hearing.
I agree, normally the BZA does not get heavily involved with appearance, however, they have, and they must
continue sometimes to place detailed conditions upon the applicant re appearance, as they have done in the past: i.e.
Habitat Office on E. Fifth St., the Dollar General on E. Main St., etc.
This application is unique in that it is the first Special Exception to fall within the newly created attached Downtown
Overlay District. As such, the applicant takes on the added BURDEN to demonstrate that they meet ALL the
requirements of Building Design attached §6.03.03, Buffers, Screening, and Landscaping §6.03.04, Parking and
Access §6.03.05, and signage §6.03.06.
While the question of whether such a use of mini-storage being allowable as a Special Exception in a B-2 zone is
affirmative, the BZA is also charged with deciding multiple other criteria in our City Ord as shown in their packet:
"1.Developmentof the proposed use (is or is not)in the public interest and (meets or does not meet)the spirit of the
City of Prattville Zoning Ordinance, and 2.The proposed mini storage facility(isor is not)an allowable special
exception, and (is or is not)a prohibited use in a B-2district, 3.The proposed use: a.(Will or will not)cause substantial
adverse impact to adjacent or nearby properties or uses, and/or, b.requires the following conditions and safeguards
to mitigate any impact to adjacent properties and land uses (Choose from the following list and add specific details,
or add others) i.Ingress and egress to the property, ii.Off street parking iii.Refuse and service areas, iv.Screening
and buffer zones, v.Signs, exterior lighting, vi.Required yards and open space, vii.Other factors to promote
compatibility with adjacent properties."
I fail to see how we can expect our BZA to adequately decide upon ALL of the 9 other criteria (besides parking)
they are required to evaluate by our Ordinance standards using only the attached SIMPLIFIED Site Plan showing a
10,000 sq. ft. addition WITHOUT ANY RENDERINGS. They, in my opinion, have failed to meet the burden of our
Overlay Ordinance with this application as presented. Although the BZA may consult with the Planning Dept., this
is what the BZA themselves are tasked to decide.
HISTORY: The existing research building that used numerous chemicals and has yet to ever be subjected to a
Phase II Environmental Study. After the previous owner Envigo offered to donate these buildings, the following
entities upon examination declined to accept: Autauga Co. Commission, City of Prattville after obtaining a Phase I
Environmental Study, HPRA, the Master Gardeners, and then the American Legion accepted, but decided not to usethe property. I suspect they all declined for valid reasons/concerns, and now the applicant proposes to attach anaddition to this questionable/undesirable structure.
Finally, since the owner of record, the American Legion, is a non-profit, understanding the relationship of theapplicant to the owner is imperative. Although the applicant's are allowed to represent the owners with an affidavitbefore the Board, the BZA , the City, and the public are entitled to know in advance, are the applicant's planning onleasing or purchasing the property, and if so, is there a Purchase Agreement or proposed Lease Agreement. Non-profits are not allowed to engage in profitable enterprises without jeopardizing their tax-exempt status.
Thank you for your attention and responses to my concerns. Please submit these emails to the BZA with enoughadvance of their Sept. 13 Meeting so they may have time to digest and research.
Jerry Cimis
-----Original Message-----From: Stephens, Scott <Scott.Stephens@prattvilleal.gov>Sent: Monday, September 12, 2022 7:48 AMTo: Gerald Cimis <gcimis1@outlook.com>Cc: Gillespie, Bill <Bill.Gillespie@prattvilleal.gov>Subject: RE: [EXTERNAL]Mini-Storage at 475 E. Main St.
The BZA must be careful about straying outside of the powers and duties with which it is charged.
The Zoning Ordinance says that "Where permitted in the underlying zoning district, the following uses requireSpecial Exception approval by the Board...mini-storage facility" (§6.03.02). So the question before the Board iswhether the proposed use (not appearance) is consistent with what is desired for the downtown area and if it shouldbe granted a Special Exception.
The building design requirements are already spelled out in the Downtown Overlay District section. However, if theBoard felt like imposing some reasonable conditions when considering the granting of the Special Exception thatwould ensure the use is compatible, they could do that. I'm not sure if additional conditions on the exteriorappearance of the building itself (beyond the current requirements) would be reasonable (although I'm open to hearideas), but requirements like location of parking/storage of vehicles and equipment, screening/landscaping,pedestrian facilities, etc, probably would be.
I can include your email in the BZA's packet if you like, and you're certainly invited to attend and speak.
I'm unaware of the relationship between the Jennings and the American Legion, other than the Jennings would liketo determine if their proposed use would be allowed at that location. We do have a Designation of Agent form onfile that was signed by the commander and adjutant of the local Legion post.
J. Scott Stephens | scott.stephens@prattvilleal.gov | 334.595.0501
-----Original Message-----From: Gerald Cimis <gcimis1@outlook.com>Sent: Sunday, September 11, 2022 11:17To: Stephens, Scott <Scott.Stephens@prattvilleal.gov>Cc: Gillespie, Bill <Bill.Gillespie@prattvilleal.gov>Subject: [EXTERNAL]Mini-Storage at 475 E. Main St.
This email originated from outside the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe. If you are unsure if the email is safe, please forward it to help@prattvilleal.gov.
Hi Scott,
I just reviewed the BZA Packet for a Mini-Storage application at 475 E. Main St.
https://weblink.prattvilleal.gov/WebLink/DocView.aspx?id=320779&dbid=0&repo=Prattville
In this case, the BZA has to apply the intent of Overlay Ordinance quoted below which emphasizes "...design
requirements of the Downtown Overlay District..." and "...materials more compatible with the downtown area andwill have a less-obvious appearance of a typical mini-storage."
"The purpose of the Downtown Overlay District "is to assure new development, redevelopment and reinvestmentinDowntown Prattville is consistent with its walkable, historic development pattern and to promote a diversity ofbusiness, institutional and other compatible uses"(§6.03). Because of the design requirements of the DowntownOverlay District, the new structure will have to built with materials more compatible with the downtown area andwill have a less-obvious appearance of a typical mini-storage. However, mini-storage facilities are inherentlyautomobile dependent and would not be considered a walkable use."
Frankly, neither I, and I don't believe the public, nearby property owners, nor the BZA Members, can properlyassess whether the proposed use meets these criteria, or whether this would have an adverse impact on thesurrounding neighborhood, without professional renderings of what the final structure(s) would look like similar tothe renderings submitted with Agenda Item #1 at Highway Interstate Park Loop.
I recommend, this item be tabled until the applicant provides professional renderings of what the proposed structureattached to the existing structure will look like from the Southern, Eastern, & Western views.
Also, the owner of the property according to County Records is the American Legion Post 122. What is therelationship of Preston and Stacy Jennings, the applicants, to the owner? Are they going to purchase the property? If so, is there a Purchase Agreement on file? Are they going to lease the property and if so, is there a proposedLease Agreement on file and if so, what is the duration of the lease? The application package does not explain this.
Thanks,Jerry