Meeting Type: BCC Regular Meeting
Meeting Date: 3/5/2025
Item Status: New
From: Jay Dickson, AICP, Planning Director
Submitted by: Brenda Brock, Planning Technician
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ITEM TITLE
Title
Proposed Planning (Zoning) District 17 - Acceptance of Notice of Intent to Request Planning and Zoning Referendum
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STAFF RECOMMENDATION
Recommendation
Pursuant to Alabama Code §45-2-261.07, accept the notice of intent to request a referendum for Planning and Zoning purposes for the current Planning District 17 as the remaining un-zoned areas of Voting Precincts 10, 44 and 50.
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BACKGROUND INFORMATION
Background: On December 13, 2022, a Zoning referendum was held for the area within the current Planning District 17 boundaries. This referendum failed to receive an affirmative vote; therefore, the current Planning District 17 remains unzoned.
On February 15, 2025, citizen Fred Patterson, residing at 8387 County Road 11, Fairhope, Alabama 36532, approached Planning and Zoning Staff seeking zoning for all of the current Planning District 17. Mr. Patterson resides in Voting Precinct 44. It is not feasible to utilize Voting Precinct 10, 44 and 50 boundaries as they currently exist, since portions of the existing boundaries are already zoned within Planning District 8, Planning District 14, Planning District 19, Planning District 26, and Planning District 39. However, on review, staff believes that the unzoned balance of Voting Precincts 10, 44 District 17.
A map showing the current Planning (Zoning) District 17 is attached. Planning (Zoning) District 17 is bounded by five Planning Districts that are zoned and also the City of Fairhope.
The steps for exercising Planning and Zoning authority are found in Alabama Code §45-2-261.07 and the proceeding sections.
1) A party or parties seeking to file a petition shall notify the County Commission in writing that the parties will petition for the formation of a Planning District and the proposed boundaries of the district. (PURPOSE OF THIS AGENDA ITEM)
2) Within 15 days of notice to the County Commission, the Judge of Probate shall give a preliminary estimate of the number of signatures needed to call the election. Ten percent of the qualified electors residing within the proposed planning district will need to sign the petition. Planning and Zoning staff will notify the Judge of Probate.
3) The County Commission shall notify the principal party in writing, within 30 days of written notification of intent to request a referendum, that the proposed district is acceptable for planning, zoning, and voting purposes, and shall furnish forms for use in seeking the required signatures.
4) The party will have 120 days to gather the signatures and file the petition. Upon receipt, the County Commission and Judge of Probate will have 45 days to certify or reject the accuracy of the petition. If the number of signatures is not sufficient, the party or parties will have an additional 60 days in which to obtain signatures and have the petition certified.
5) Upon certification, the County Commission shall instruct the Judge of Probate to provide for an election within the district no later than 90 days after certification. If the petition is not certified, a new petition cannot be refiled for two years.
Previous Commission action/date: N/A
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?
No
Reviewed/approved by: N/A
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? N/A
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: County Administration Staff & Planning and Zoning Department.
Action required (list contact persons/addresses if documents are to be mailed or emailed): Administration Staff send correspondence to requesting party notifying them that the current proposed Planning (Zoning) District 17 map has been accepted for planning, zoning, and voting purposes:
Mr. Fred Patterson
8387 County Road 11
Fairhope, Alabama 36532
Additional instructions/notes: N/A