Planning commission tables request to rezone Prattville Square from B-3 to B-2 amid parking and setback concerns

The Prattville Planning Commission voted to table indefinitely a request to rezone parts of Prattville Square Shopping Center from B-3 to B-2 at its Aug. 21, 2025 meeting after extensive public comment and discussion with staff about setbacks, parking and permitted uses.

Applicant Ennis McIntyre told the commission he intends to build small office or retail buildings on two small lots that he says cannot be built under the older B-3 setback rules. McIntyre said, “It will not be storage. This is gonna be completely either office buildings or retail.” He asked to be rezoned to B-2 because B-3’s 35-foot setback makes building on his small parcels impractical. McIntyre said he would put limits in writing if requested.

Several nearby property owners and tenants opposed approving the rezoning without written restrictions and more detailed plans. Doug Haichu, who identified himself as part of the ownership group that owns the adjacent shopping center, said his group bought the shopping center from a bank and that the center has reached near-100% occupancy; he warned that a zoning change could allow uses in the future that the current owners would not be able to block. Bibb Herod, owner of Herod Chevron at the corner of Memorial and Wetumpka streets, said he was unsure why the zoning change was needed and worried about future owners building “right up to my edge” and affecting parking and access.

Staff and commissioners summarized the regulatory options: the zoning code’s older B-3 district (retained on these parcels but removed from the citywide ordinance in a 2022 update) carries a 35-foot setback requirement; B-2 is the current business district with 0-lot-line setbacks. Staff explained the Board of Zoning Adjustment (BZA) could be asked to interpret whether an office use is allowed under B-3 (noting banks are listed uses in B-3 and may be analogous to office), but a BZA setback variance requires a finding of literal hardship and staff said they could not recommend a setback variance because they saw no hardship. Staff also noted the application had been denied in June 2025.

During the meeting McIntyre publicly offered to submit written language restricting future uses — for example, a prohibition on mini-storage or climate-controlled self-storage — and staff said such self-imposed restrictions could be inserted into the ordinance considered by the City Council if provided in writing. Commissioners asked for that language to be provided for review; without written restrictions on the record the commission voted to table the petition. A motion to table the item was seconded and passed by a show of hands.

Why it matters: a zoning change from B-3 to B-2 would alter setback rules and the set of permitted uses for the parcels, affecting the development potential and the rights of neighboring property owners. Commissioners and neighboring business owners repeatedly asked for written restrictions or a site plan before forwarding any rezoning recommendation to City Council.

Next steps: the applicant indicated he intends to return with a preliminary plat and said he would provide written ordinance language if requested. Any rezoning would require final action by the Prattville City Council.