Meeting Type: BCC Regular Meeting
Meeting Date: 6/18/2024
Item Status: New
From: Jay Dickson, AICP, Planning and Zoning Director
Submitted by: Shawn Mitchell, Planning and Zoning
______________________________________________________________________
ITEM TITLE
Title
Planning Jurisdiction Agreement with City of Foley
End
STAFF RECOMMENDATION
Recommendation
Adopt Resolution #2024-129 which approves the Subdivision Regulation Agreement between the Baldwin County Commission, the City of Foley, and the Planning Commission of the City of Foley, governing the regulation of subdivisions and multiple occupancy permits outside the municipality’s corporate limits but within the municipal planning jurisdiction.
End
BACKGROUND INFORMATION
Background: The Governor signed Act No. 2021-297 (SB107) into law on April 27, 2021. The Act became effective on July 26, 2021.
On July 6, 2021, the Baldwin County Commission took action to provide notice to the municipalities that it would regulate subdivisions and building construction outside the corporate limits as of July 26, 2023, unless other agreements were reached with the municipalities.
On January 1, 2023, the Subdivision Regulation agreement between the Baldwin County Commission and the City of Foley came into effect which allowed the City of Foley to regulate subdivisions within the Planning Jurisdiction of the City of Foley for a six month period. The agreement allowed Baldwin County to continue to regulate multifamily and commercial development within the Planning Jurisdiction of the City of Foley.
On July 5, 2023, the Baldwin County Commission approved Resolution 2023-142 to extend the Subdivision Regulation Agreement with the City of Foley for six months.
On January 16, 2024, the Baldwin County Commission approved Resolution 2024-066 to extend the Subdivision Regulation Agreement with the City of Foley for six months.
During this period, Baldwin County staff worked with the City of Foley to develop a long term (4 year) Planning Jurisdiction Agreement with the City of Foley. As part of this Agreement, the City of Foley will have exclusive authority over all single family residential subdivisions and Multiple Occupancy Permits for Multifamily, Commercial, and Recreational Vehicle Parks within the Subdivision Regulation Area attached as Exhibit A to the agreement.
Baldwin County will enforce the Baldwin County Zoning Ordinance for properties that lie within zoned planning districts of unincorporated Baldwin County that fall within the City’s Subdivision Regulation Area.
The City of Foley will not be regulating building construction outside the corporate limits of the municipality.
The Agreement will not become active until approved by the Commission, Municipal Council, and the Municipal Planning Commission, and until the Municipality publishes the Agreement, pursuant to Code of Alabama § 11-24-6, once a week for two consecutive weeks in a newspaper of general circulation in both the County and the Municipality and proof of this publication is delivered to the Commission via email to planning@baldwincountyal.gov.
Previous Commission action/date: July 6, 2021 - BCC Regular Meeting - The Baldwin County Commission took action to provide notice to the municipalities in Baldwin County that the Baldwin County Commission currently enforces regulations regarding the inspection of construction, building permits and enforcement of the building codes and that as of July 26, 2023, the Baldwin County Commission will enforce these regulations in the areas of Baldwin County outside of municipal corporate limits, unless agreements are reached with the municipalities.
December 20, 2022 - Baldwin County Commission took action approving the Subdivision Regulation agreement between the Baldwin County Commission and the City of Foley which allowed the City of Foley to regulate subdivisions within the Planning Jurisdiction of the City of Foley for a six-month period. The agreement allowed Baldwin County to continue to regulate multifamily and commercial development within the Planning Jurisdiction of the City of Foley.
July 5, 2023 - BCC Regular Meeting - The Baldwin County Commission approved Resolution 2023-142 to extend the Subdivision Regulation Agreement with the City of Foley for six months.
January 16, 2024 - BCC Regular Meeting - The Baldwin County Commission approved Resolution 2024-066 to extend the Subdivision Regulation Agreement with the City of Foley for six months.
FINANCIAL IMPACT
Total cost of recommendation: N/A
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: Brad Hicks, County Attorney
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? Yes
If the proof of publication affidavit is not attached, list the reason: Advertising will take place after Commission approval.
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: Administration Staff and Planning and Zoning Staff
Individual(s) responsible for follow up: County Commission Office - Send a copy of the signed agreement to the following:
The Honorable Ralph Hellmich, Mayor
City of Foley
Post Office Box 1750
Foley, Alabama 36536
cc:
Wayne Dyess, AICP
Executive Director of Infrastructure & Development
wdyess@cityoffoley.org
Miriam Boone, MPA, AICP, CFM
Community Development Director
Planner/Building Official
mboone@cityoffoley.org
Provide electronic version to P&Z via planning@baldwincountyal.gov.
After the municipality has provided proof of publication to P&Z, P&Z will forward it to Commission Administration Staff.
Commission Administration staff will then update the following BCAP Libraries:
Resolution, Planning Jurisdiction and Contracts
Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A
Additional instructions/notes: Administration to add resolution number to the top center of the first page of the agreement after it is executed by the municipality; upload Resolution to BCAP with Exhibits A and B; save item to Planning Jurisdiction Contract folder pending proof of publication.