Meeting Type: BCC Regular Meeting
Meeting Date: 10/20/2026
Item Status: New
From: Frank Lundy, County Engineer
Submitted by: Celena Boykin, Planning Manager
______________________________________________________________________
ITEM TITLE
Title
Proposed Planning (Zoning) District 2 - Making Election Order Part of the Record
End
STAFF RECOMMENDATION
Recommendation
Make a part of the record the Order from Baldwin County Judge of Probate setting the date for the Planning (Zoning) District 2 election for December 15, 2026, to be held at:
Rabun Volunteer Fire Department No. 1
54320 Rabun Road
Bay Minette, Alabama 36507
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BACKGROUND INFORMATION
Background: Pursuant to Alabama Code §45-2-261.07, coming under zoning laws of Baldwin County Planning and Zoning Department is a citizen driven effort and must be initiated by qualified electors of the Planning District petitioning to come under Baldwin County zoning laws. The steps for exercising Zoning authority are found in the aforementioned section of the Code of Alabama and include:
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.
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.
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 provide forms for use in seeking the required signatures.
The party or parties 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.
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.
Ms. Kathy Tate, a qualified elector residing within Planning District 2, submitted to Baldwin County Planning and Zoning Department a notice of intent to request a referendum vote for Planning District 2 to come under zoning laws of Baldwin County. Based upon information provided by the Probate Office and the Board of Registrars, there are approximately 865 active registered voters within Planning District 2. As a result, 87 signatures (10 percent of the qualified electors) were needed for the petition.
On September 14, 2026, the parties seeking a zoning referendum submitted a petition. The Probate Office certified that the signatures of qualified electors submitted exceeded the minimum signatures necessary to meet the requirements of the Code of Alabama §45-2-261.07. On this basis, Planning and Zoning Staff respectfully requested the County Commission certify the petition and instruct the Judge of Probate to provide for an election, in Planning District 2, to be held no later than January 4, 2027.
On October 6, 2026, the Judge of Probate ordered for the Planning District 2 Election to be held and conducted on December 15, 2026, at Rabun Volunteer Fire Department No. 1 located at 54320 Rabun Road, Bay Minette, Alabama 36507.
Previous Commission action/date:
10/06/2026 - Pursuant to Alabama Code §45-2-261.07, took the following actions: 1) Adopted Resolution #2027-014 which certifies the accuracy of the petition for Zoning Election for Planning District 2; and 2) Instructed the Judge of Probate to provide a Zoning Election for Planning District 2, to be held no later than December 21, 2026.
05/21/2026 - Pursuant to Alabama Code §45-2-261.07, accepted the notice of intent to request a referendum for Planning and Zoning purposes for the current Planning District 2.
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?
N/A
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
Action required (list contact persons/addresses if documents are to be mailed or emailed): Make Judge of Probate’s Order part of the record.
Additional instructions/notes: NA