Meeting Type: BCC Regular Meeting
Meeting Date: 1/16/2024
Item Status: New
From: Buford King, Deputy Planning Director
Submitted by: Shawn Mitchell, Development Review Planner
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ITEM TITLE
Title
Planning Jurisdiction Agreement with City of Foley
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STAFF RECOMMENDATION
Recommendation
Adopt Resolution #2024-066 which approves a six (6) month Planning Jurisdiction Agreement between the Baldwin County Commission, the City of Foley, and the Planning Commission of the City of Foley, governing the regulation of subdivisions outside the municipality’s corporate limits but within the municipal planning jurisdiction. If adopted, the new agreement will expire on July 25, 2024.
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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. The City of Foley and Planning Commission of the City of Foley extended their agreement with the Baldwin County Commission for six (6) months. That agreement will expire on January 25, 2024. The City of Foley is requesting another six (6) month agreement.
As part of this Agreement, the City of Foley will continue to have exclusive authority over all single family residential subdivisions within the Subdivision Regulation Area attached as Exhibit A to the agreement.
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 5, 2023 - BCC Regular Meeting - Took action to adopt Resolution #2023-142 to approve a six (6) month extension to the Planning Jurisdiction Agreement between the Baldwin County Commission, the City of Foley, and the Planning Commission of the City of Foley that will expire on January 25, 2024.
July 6, 2021 - BCC Regular Meeting - 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.
July 6, 2021 - BCC Regular Meeting - Took action to provide notice to the municipalities of Baldwin County that the Baldwin County Commission adopted subdivision regulations in 1984 and currently regulates subdivision developments within the unincorporated areas of Baldwin County and that on July 26, 2023, the Baldwin County Commission will begin regulating subdivision developments in all areas of Baldwin County outside municipal corporate limits pursuant to §11-52-30 as modified by Act 2021-297, unless agreements are made with municipalities.
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: Hope 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: N/A
Individual(s) responsible for follow up: Administration Staff and Planning and Zoning Staff
Action required (list contact persons/addresses if documents are to be mailed or emailed): County Commission Office - Send a copy of the agreement to the following:
The Honorable Ralph Hellmich, Mayor
City of Foley
Post Office Box 1750
Foley, Alabama 36536
cc:
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
Planning and Zoning Staff will update appropriate layers in GIS and Associated Maps.
Additional instructions/notes: N/A