Meeting Type: BCC Regular Meeting
Meeting Date: 11/21/2023
Item Status: New
From: Matthew Brown, Planning Director
Submitted by: Matthew Brown, Planning Director
______________________________________________________________________
ITEM TITLE
Title
Case No. TA-23-3 - Amendments to the Baldwin County Zoning Ordinance Adding Planning District 14 Zoning Map and Local Provisions and Miscellaneous Changes to the Full Ordinance
Body
STAFF RECOMMENDATION
Recommendation
Adopt Resolution #2024-017 which approves the amendments to the Baldwin County Zoning Ordinance adding Planning District 14 and miscellaneous changes to the full Zoning Ordinance.
End
BACKGROUND INFORMATION
Previous Commission action/date:
July 18, 2023 - BCC Regular Meeting - Related to the Planning District 14 Advisory Committee (approved to be created by the Baldwin County Commission as a result of the Planning District 14 Zoning Referendum held on June 6, 2023), appointed the following five Committee members with each member’s term commencing July 18, 2023, and expiring upon the adoption of zoning ordinances and regulations for the district by the Baldwin County Commission: Marla Kay Barnes, Connie Fidler Glassford, Thomas Dwight Kiel, Jeffery Wayne Underwood, and George E. Watters.
July 5, 2023 - BCC Regular Meeting - Made the election results Decree from Baldwin County Judge of Probate regarding the Planning (Zoning) District 14 election held June 6, 2023, a part of the record.
March 7, 2023, BCC Regular Meeting - Pursuant to Alabama Code §45-2-261.07, took the following actions: 1) Adopt Resolution #2023-076 which certifies the accuracy of the petition for the Proposed Planning (Zoning) District 14; and 2) Instruct the Judge of Probate to provide a Zoning Election for Proposed Planning (Zoning) District 14, to be held no later than June 6, 2023.
September 20, 2022, BCC Regular Meeting - Pursuant to Alabama Code §45-2-261.07, took the following actions: 1) Accept the notice of intent to request a referendum for Planning and Zoning purposes for that portion of Planning (Zoning) District 14 east of Fish River (that was not included in the proposed Planning Districts 38 and 39); and 2) Make a determination that it is not feasible to utilize the Voting Precinct boundaries of precinct 30; and 3) Accept the Planning (Zoning) District 14 boundaries subject to a subsequent affirmative referendum vote pursuant to Alabama Code §45-2-261.07
Background: An election was held on June 6, 2023, to determine whether Planning and Zoning District 14 should come under the planning and zoning jurisdiction of the Baldwin County Commission. In the election, 656 yes votes and 365 no votes were cast. Therefore, Planning and Zoning District 14 was placed under the planning and zoning jurisdiction of the Baldwin County Commission. On June 13, 2023, the Honorable Harry D’Olive, Jr., Judge of Probate, certified the results of the election.
Section 45-2-261.08 of the Code of Alabama requires the Baldwin County Commission to appoint an advisory committee from the new district to work with and assist the Baldwin County Planning Commission in formulating and developing regulations, ordinances, and zoning measures for the district. By law, the advisory committee must consist of five members who are qualified electors of the district and who reflect, as nearly as practical, the diversity of land use in the district.
After the Committee members were appointed, Planning and Zoning staff scheduled committee meetings every Thursday from July 20, 2023, through May September 7, 2023.
The Advisory Committee proposed several common local provisions which were identical or very similar to those provisions proposed by other recent Planning Districts. Examples include, but are not limited to, the following:
• Solid Waste and Trash Management
• Landscape Buffers for Major Projects Abutting Primary Roads
• Special Landscape Buffers for Intense Major Projects Abutting Public Roads
• Wetlands to be Set Aside in Common Areas
• Stream Buffers
• Special Parking Requirements to Reduce Impacts of Impervious Areas
• Commercial Building Façade Requirements
• High-value Native Trees
• Traffic Study Requirements
• Good Neighbor Stormwater Policies
• Public Safety Access Road in One- or Two-Family Residential Developments
• Incentivizing Certain Planned Residential Developments.
The Advisory Committee proposed several unique local provisions. Examples include, but are not limited to, the following:
• Added Traffic Study Requirements
• Animal Husbandry
• Special Allowances for Duplexes
• Identification of Activity Nodes
The proposed map and local provisions were prepared based on Planning and Zoning staff member’s experience, consultation with the County’s Master Plan, consultation with the County’s Environmental Advisory Committee, and considering the individual knowledge and experience of the Planning District 14 Advisory Committee members, as required by Alabama State Law. A great deal of debate and discussion occurred prior to arriving at the proposed recommendations. Staff believes the proposed local provisions and zoning map establish zoning for the new district that bears a reasonable relationship to the promotion of the health, safety, morals, and/or general welfare of the community.
The minutes for the Advisory Committee meetings are available in the Public Folder associated with this text amendment item posted on the Baldwin County Planning and Zoning Department website.
On August 31, 2023, the Advisory Committee voted unanimously to recommend approval of a map and text amendments to the Baldwin County Planning Commission.
On October 5, 2023, the Baldwin County Planning Commission held a public hearing regarding the proposed amendments to the Zoning Ordinances related to Planning District 14 and other miscellaneous changes to the Full Zoning Ordinance.
The Planning Commission voted to recommend to the County Commission that it adopt a Resolution which approves the amendments to the Baldwin County Zoning Ordinance adding Planning District 14 and miscellaneous changes to the full Zoning Ordinance.
Additional requests may come from the floor.
Pursuant to Alabama Code 45-2-261.08, “upon the adoption of zoning ordinances and regulations for the district by the Baldwin County Commission pursuant to the terms of this subpart, the services of the district advisory committee shall terminate, and the committee shall be abolished.
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 and/or Erin Fleming, County Attorneys
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: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: Commission Admin and P&Z staff
Action required (list contact persons/addresses if documents are to be mailed or emailed): Commission Administration Office obtain Chairman’s signature on the resolution and upload to BCAP.
Planning and Zoning to update and publish the amended Zoning Ordinance and Map.
Commission Administration to mail notice of the amendment approval to the following individuals and to alert them that the Planning District 14 Advisory Committee is thereby disbanded.
Ms. Marla Kay Barnes
14740 Ridge Road
Summerdale, Alabama 36580
Ms. Connie Fidler Glassford
13690 Whatley Road
Silverhill, Alabama 36576
Mr. Thomas Dwight Kiel
16201 Long Road
Summerdale, Alabama 36580
Mr. Jeffery Wayne Underwood
14329 Underwood Road
Summerdale, Alabama 36580
Mr. George E. Watters
15601 North Boulevard
Silverhill, Alabama 36576
Administration Staff - Remove Committee from BC Board List appointed by BCC.
Additional instructions/notes: N/A