2211 November 8 BZA
102 West Main Street \ Prattville, AL 36067 \ 334. 595.0500 \ prattvilleal.gov
BILL GILLESPIE, JR.
MAYOR
J. SCOTT STEPHENS, AICP DIRECTOR
CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A November 8, 2022 4:00pm Call to Order: 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. Character Trait of the Month: Honesty… Being truthful in what I say and do. Committee Reports: Old Business: None New Business:
1. 221108-01 VARIANCE: To allow commercial use in a FAR Zoning District Fairview Ave and Summit Pkwy Tom Allen, Petitioner
Public Hearing
District 3
2. 221108-02 SPECIAL EXCEPTION: Outdoor Parking Storage 2181 Cobbs Ford Road Ray Boles, Petitioner
Public Hearing District 5
Minutes: October 11, 2022
Adjourn:
Approved 1/10/2023
Prattville Board of Zoning Adjustment
November 8, 2022 Minutes
Page 1 of 3
City of Prattville Board of Zoning Adjustment Minutes November 8, 2022 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) convened at 4:00 p.m. on Tuesday, November 8, 2022 in the Prattville City Hall Council Chambers. After the pledge of Allegiance, Mr. Parker gave the invocation.
ROLL CALL: Members present were Chairman Charles Knapp, Vice-Chairman Billy Barrett, Mr. Greg Duke, and Ms.
Sarah Johnson. Mr. Jerry Crosby was absent. Also present was supernumerary members Mr. Neal Parker and Mr. Michael Whaley.
Quorum Present Staff present were Mr. Scott Stephens, City Planner; Mr. Tommie Williams, Planner; and Ms. Alisa Morgan, Secretary. CHARACTER TRAIT OF THE MONTH: The Character Trait of the Month is Honesty… Being truthful in what I say and do. Chairman Knapp 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: VARIANCE: To allow commercial use in a FAR Zoning District Fairview Ave and Summit Pkwy Tom Allen, Petitioner Mr. Stephens presented the variance request to allow commercial use on property zoned FAR located at the southeast corner of Fairview Avenue and Summit Parkway. He stated that the property went through the process to be rezoned to B-2 and was denied approval by City Council. Now the petitioner is requesting a use variance by this board to allow business use other than NAICS code 445110. He stated that staff recommends that the use be limited to allowable uses permitted by right in B-2 if the Board wishes to consider granting approval.
Kyle Shirley, petitioner’s representative, presented the variance request to allow commercial use in a FAR district. He stated that the owner has a potential buyer but no defined use at this time. He stated that they looked for the least restrictive NAICS code that provided for public safety. He also stated that this
request was suggested after City Council denied the rezoning to meet the needs of the property owners and the city’s concern about public safety.
Ed Fleming of Hodges Commercial Real Estate, petitioner’s representative, stated that the property is currently being taxed as commercial property.
Approved 1/10/2023
Prattville Board of Zoning Adjustment
November 8, 2022 Minutes
Page 2 of 3
Chairman Knapp opened the floor for public comments. Mayor Bill Gillespie spoke in favor of the request. After no further comments, the public hearing was closed. Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Mr. Barrett moved to establish the findings of fact stating that 1) the variance request is in the best interest of the City of Prattville; 2) the request will be in keeping with the business uses in the area; and 3) the proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses and is an acceptable use. Mr. Parker 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 uses are allowed as permitted under B-2 zoning regulations with the exception of uses under NCAIS Code 445110 as submitted by the petitioner. Mr. Whaley seconded the motion. The motion to approve passed unanimously. SPECIAL EXCEPTION: Outdoor Parking Storage 2181 Cobbs Ford Road Ray Boles, Petitioner Mr. Williams introduced the special exception request to allow outdoor storage on property located at 2181 Cobbbs Ford Road. Ray Boles, petitioner, presented the request to allow outdoor storage on property located at 2181 Cobbs Ford Road. He stated that they are proposing to store trailers and small RVs.
Chairman Knapp opened the floor for public comments. With no public comments, the public hearing was closed. Chairman Knapp opened the discussion for the Board. Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Mr. Barrett 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 material is an allowable special exception, and is not a prohibited use in a B-2 district; and 3) the proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses and requires the following conditions and safeguards to mitigate any impact to adjacent properties and land uses: I. Ingress and egress to the property, II. Screening and buffer zones. Ms. Johnson 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. Mr. Barrett seconded the motion. The motion to approve passed
unanimously. MINUTES:
Mr. Barrett moved to approve the minutes of the October 11, 2022, regular meeting. Mr. Parker seconded the motion. The motion to approve passed unanimously. MISCELLANEOUS: ADJOURN:
After no further comments, questions, or discussion the meeting was adjourned at 4:41 p.m.
Approved 1/10/2023
Prattville Board of Zoning Adjustment
November 8, 2022 Minutes
Page 3 of 3
Respectfully submitted,
Alisa Morgan, Secretary Board of Zoning Adjustment
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Board of Zoning Adjustment
Staff Report
Variance 221108-1
MEETING DATE: November 8, 2022
PETITIONER: Tom Allen/Kyle Shirley
PROPERTY OWNER: Tom Allen
SUBJECT ADDRESS: SE Corner of Fairview Ave and Summit Parkway
REQUEST: Commercial Use in an FAR zone
CURRENT ZONING: F.A. R (Forest, Agriculture, and Recreation
LOCATION: SE Corner of Fairview Ave and Summit Parkway
SURROUNDING LAND North: B-4 (bank and undeveloped) USES AND ZONING: South: FAR (church) East: FAR (commercial use)
West: B-2 (tire/auto repair)
DEVELOPMENT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF VARIANCE REQUEST:
This is a variance request to allow commercial uses, with restrictions, in a B-2 (General Business) zoning district.
Page 2 of 4
ZONING ORDINANCE REFERENCED:
The provisions of the Zoning Ordinance in which item 1 is requested are referenced in the section described below:
§3.01 Uses
Uses specified as "permitted by right" are permitted on application to the Director. Special Exception uses require
approval of the Board. If a use is not specifically referred to in this Ordinance, its status may be determined by the
Director by reference to the most clearly analogous use in the applicable Table of Permitted Uses. If the Director
determines that a proposed use is not clearly analogous to a use in the Table of Permitted Uses, the Director refers the
matter to the Board. If the Board determines that the use is compatible with the purpose of the district and with its
permitted uses, it may consider the use as a Special Exception. Once the status of an unlisted use has been determined,
that determination applies subsequently to all uses of the same type.
§6.01 FAR Forest, Agricultural, Recreation District
The purpose of this district is to provide areas for agriculture, forestry, environmental conservation, single family
residential on large lots and similar uses of open land.
§6.01.01 Uses. Refer to Table 6-1 for uses permissible in the FAR District.
1. Refer also to §7.22 Temporary Uses.
2. All uses not classified as permitted or Special Exception uses are prohibited
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Article 12. – Board of Zoning Adjustment
§12.04 Variances
§12.04.01 The Board may authorize upon appeal in specific cases such variances from the terms of this Ordinance as will
not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this
Ordinance will result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is
done.
§12.04.02 A variance may be granted in such individual cases upon a finding by the Board that an unnecessary hardship
does, in fact, exist. In no case may the Board grant a variance that permits the land or structure to be occupied by a use
prohibited in the applicable zoning district.
§12.04.03 It is the intent of this Ordinance that a variance be issued only to mitigate a physical condition of a parcel of
land which poses a practical barrier to its development and use as otherwise permitted by this Ordinance. Variances are
limited to the minimum adjustment necessary to enable the reasonable use of the land.
§12.04.04 The Board uses the following guidelines in evaluating variance requests:
1. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and
which are generally not applicable to other lands structures, or buildings in the same district.
2. A literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the ordinance.
3. The special conditions, for which relief is sought, did not result from actions of the applicant (self-imposed
hardship);
4. Granting of the variance is in harmony with the intent and purposes of the ordinance;
5. The variance will not adversely affect surrounding property, the general neighborhood, or the community as a
whole;
6. The variance will not allow the establishment of any use expressly or by implication prohibited in the applicable
district;
7. The variance requested is the minimum adjustment necessary to enable the legal use of the land or structure.
ANALYSIS:
The property owner petitioned the Planning Commission requesting a rezoning of this property from FAR to B-2. At its
February 18, 2021, meeting, the Planning Commission voted to recommend the rezoning to B-2 to the City Council.
At the City Council’s May 18, 2021, meeting, the rezoning ordinance failed to receive enough ‘yes’ votes to pass, so the
subject property remained FAR. The reason for some of the ‘no’ votes was due to concerns of traffic impact to the area if
all uses that are permitted in B-2 were considered.
The petitioner is requesting a use variance for any commercial use other than NAICS code 445110.
“The North American Industry Classification System (NAICS) is the standard used by Federal statistical agencies in
classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the
U.S. business economy” (source: https://www.census.gov/naics/).
In other words, the petitioner is requesting a use variance to allow commercial uses, but excepting out certain uses that the
petitioner feels would create the traffic impact the City Council was concerned about at this location. The NAICS code is
a means of classifying various economic activities into sectors, subsectors, groups, and industries.
NAICS Code 445110 is defined as:
445110 Supermarkets and Other Grocery Retailers (except Convenience Retailers)
This industry comprises establishments generally known as supermarkets and other grocery retailers (except
convenience retailers) primarily engaged in retailing a general line of food, such as canned and frozen foods; fresh
fruits and vegetables; and fresh and prepared meats, fish, and poultry. Included in this industry are delicatessen-
type establishments primarily engaged in retailing a general line of food. (2022 NAICS Manual)
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See also supplemental information provided by petitioner.
EVALUATION:
Reviewed By: Scott Stephens, City Planner
Applicant’s Hardship: From Application: “This is a commercial area with traffic concerns”
Evaluation: The petitioner requests a variance to allow any commercial use other than NAICS code 445110. If
the Board desires to consider granting the variance request, staff’s recommendation would be to limit
it to only uses permitted by right in B-2 (General Business) zoning district, or through the proper process for special exceptions allowable in B-2, with the exception of uses described by
NAICS code 445110 and as further exemplified in the petitioner’s request.
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Location Map - Fairview Ave & Summit Pkwy
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1
Stephens, Scott
From:Kyle Shirley <kyle@mcdowellfaulk.com>
Sent:Thursday, November 3, 2022 8:40
To:Stephens, Scott
Subject:[EXTERNAL]Tom Allen Variance Request
Attachments:DOLLAR GENERAL NAICS CODE.pdf; NAICS Code 445110.pdf
Scott,
Please find attached information related to NAICS Code 445110. I believe on the application, I listed the predecessor code. I have
updated the code to the most recent version. I’ve also attached supporting documents that provide a more detailed explanation
of the code and provides example businesses that fall within that code. I also provided the NAICS code which they associated
with Dollar General.
Kyle
Kyle C. Shirley
McDowell, Faulk & Shirley, L.L.C.
145 West Main Street
Prattville, AL 36067
334-365-5924
334-365-6016 fax
Kyle@mcdowellfaulk.com
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.
Page 1 of 5
Board of Zoning Adjustment
Staff Report
Special Exception 221108-02
MEETING DATE: November 8, 2022
PETITIONER: Ray Boles
PROPERTY OWNER: Ray Boles
SUBJECT ADDRESS: 2181 Cobbs Ford Road
REQUEST: Outdoor Parking Storage
CURRENT ZONING: B-2 General-Business
LOCATION: Cobbs Ford Road behind Murphy USA
SURROUNDING LAND North: General Business (B-2)
USES AND ZONING: South: General-Business (B-2)
East: General Business (B-2)
West: Forest, Agriculture, and Recreation (F.A.R)
DEVELOPMENT STATUS & HISTORY: N/A
DESCRIPTION OF SPECIAL EXCEPTION REQUEST:
1. A Special Exception has been requested for the construction of outdoor parking for storage
ZONING ORDINANCE REFERENCED
§12.03 Special Exceptions
§12.03.01 The Board hears and decides requests for approval of Special Exceptions as set out in this Ordinance.
§12.03.02 Special Exceptions require application to the Board on forms provided by the Director.
§12.03.03 Notice of the scheduled hearing is given to the applicant and other interested parties in accordance with
board rules.
§12.03.04 The Board reviews the request for compliance with this Ordinance and all other applicable codes and
Page 2 of 5
ordinances of the City. Before granting any Special Exception, the Board must make written findings
determining that the proposed Special Exception will not:
1. Be contrary to the public interest and will ensure that the spirit of this Ordinance is observed;
2. Permit the establishment of use prohibited in the zoning district; and
3. Cause a substantial adverse impact on property or improvements in the vicinity or in the applicable
district.
§12.03.05 The Board may impose such conditions for approval that it deems necessary in the particular case to
protect the public interest and the intent of the Comprehensive Plan and this Ordinance. Such conditions
apply to the land, structure, and use for which the Special Exception is granted and not to a particular
person. Violations of conditions lawfully attached to any Special Exception constitute violations of this
Ordinance.
§12.03.06 Board approval of a Special Exception pertains solely to that specific use at the location specified in the
application. Such approval is not transferable to another use at that location or the same use at another
location.
§12.03.07 Special Exception approval lapses and will be of no effect if, after one year from the date of Board
approval, no construction or change in use pursuant to the approval has taken place. The Board may, for
good cause shown, specify a longer period of time in conjunction with its approval.
§12. – Board of Zoning Adjustment
Below is the staff assessment of the three general questions applicable to Special Exception (§12.03.04):
1. Is the 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.
Outdoor Storage is a special exception in a B-2 General-Business District.
2. Is the proposed use an allowable Special Exception and not a prohibited use in a B-2 district?
The requested use is an allowable Special Exception and is not specifically a prohibited use in a General-
Business district
3. Does the proposed use cause a substantial adverse impact on 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-2 district.
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.
Page 3 of 5
ANALYSIS:
The applicant proposes outdoor vehicle storage in a B-2 General business district. The lot currently has gravel on it that
the vehicles will park on for storage. The parcel is located behind Murphy USA on Cobbs Ford Road. Outdoor Storage is
allowed in the Zoning Ordinance in a B-2 district under the special exception clause.
PLANNING STAFF EVALUATION:
Reviewed by: Tommie Williams, Planner
Evaluation: The BZA board should be aware of the screening separation requirements of certain site elements
from public areas and adjoining properties. The board should determine if additional screening
will be needed or necessary. The subject site does abut to a commercial parking lot that is also
being used for storage of vehicles.
PICTURES
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Aerial Map - 2181 Cobbs Ford Road
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Zoning Map - 2181 Cobbs Ford Road
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