Meeting Type: BCC Regular Meeting
Meeting Date: 2/6/2024
Item Status: New
From: Eddie Harper, Building Official
Submitted by: Mindy Smith, Building Department Administrator
______________________________________________________________________
ITEM TITLE
Title
*Everwood Preserving, Inc. Industrial Park Designation
End
STAFF RECOMMENDATION
Recommendation
Adopt Resolution #2024-061 which grants the petition by Everwood Preserving, Inc. and designates certain real property located in Baldwin County, and described in the petition, as an Industrial Park, subject to the execution and recording of the agreed upon restrictive covenants encumbering the property that will run with the land.
End
BACKGROUND INFORMATION
Background: Everwood owns certain real property located in Baldwin County on which it operates a lumber treatment facility. Everwood has requested that its property be designated as an industrial park, subject to the execution and recording of agreed upon covenants that will run with the land. A copy of such covenants is included with this agenda item and may be substituted with revised versions prior to the meeting. Industrial Park designation will prevent the subject property from being annexed by a municipality without consent. Pursuant to Section 11-23-4 of the Code of Alabama, whenever a county commission has designated an industrial park or has made a change of the boundaries of an existing one and has filed certified copies thereof, no facilities shall be thereafter located therein that are not industrial in character or reasonably related thereto; provided, that no construction or installation permits shall be required, but the county commission may resort to judicial process to enforce such industrial requirements.
A public hearing was held on January 2, 2024, during the regularly scheduled Commission meeting.
Previous Commission action/date: January 2, 2024, Regular Meeting: A public hearing was held, and the item was tabled until the February 6, 2024, regularly scheduled Commission meeting.
FINANCIAL IMPACT
Total cost of recommendation: The loss of any fees associated with construction or installation permits pursuant to Code of Ala. § 11-23-4.
Budget line item(s) to be used: N/A
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents?
Yes
Reviewed/approved by: Reviewed and approved by County Attorney, 12/20/2023.
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? Yes. Advertised in Gulf Coast Newspaper(s) on December 20, 2023, providing the required 10-day notice prior to the public hearing. Proof of publication affidavit attached.
If the proof of publication affidavit is not attached, list the reason: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: Administration Staff and County Attorney’s Office
Action required (list contact persons/addresses if documents are to be mailed or emailed):
Administration Staff to have the Resolution signed and sealed, assemble all certified documents, and record with the Clerk of the Probate Court of Baldwin County, Alabama.
Additional instructions/notes: Admin - upload recorded Resolution to BCAP.