Meeting Type: BCC Regular Meeting
Meeting Date: 7/18/2023
Item Status: New
From: Matthew Brown, Planning Director
Submitted by: Matthew Brown, Planning Director
______________________________________________________________________
ITEM TITLE
Title
Case No. TA-23002 - Amendments to the Baldwin County Zoning Ordinance Adding Planning District 39 Zoning Map and Local Provisions and Miscellaneous Changes to the Full Ordinance
Body
STAFF RECOMMENDATION
Recommendation
Adopt Resolution #2023-134 which approves the amendments to the Baldwin County Zoning Ordinance adding Planning District 39 and miscellaneous changes to the full Zoning Ordinance.
End
BACKGROUND INFORMATION
Background: An election was held on February 7, 2023, to determine whether or not Planning and Zoning District 39 should come under the Planning and Zoning jurisdiction of the Baldwin County Commission. In the election, 437 “yes” votes and 306 “no” votes were cast bringing Planning and Zoning District 39 under the planning and zoning jurisdiction of the Baldwin County Commission. On February 14, 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 required that the Baldwin County Commission appoint an advisory committee from the new district to work with and assist Baldwin County Planning Commission in formulating and developing regulations, ordinances, and zoning measures for the district. The advisory committee was to 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.
The following five (5) qualified individuals were appointed to the Committee:
1. Mr. Danny Bolton
2. Mr. Douglas C. Ward
3. Mr. Frank L. Leatherbury
4. Ms. Hayley Moore Gregorius
5. Mr. Justin Palmer
After the Committee members were appointed, Planning and Zoning staff scheduled committee meetings every Thursday from March 30, 2023 thru May 18, 2023.
The Advisory Committee proposed several unique local provisions which can be reviewed in the attached draft Zoning Ordinance amendment. These local provisions include, but are not limited to the following:
• Special stormwater provisions for major projects within the new district
• Special traffic study requirements for major projects within the new district
• High value tree preservation requirements
• Special local requirements related to solid waste
• Minimum standards for Fire Access Roads on certain residential subdivisions
• Special presumption of appropriateness for certain Planned Residential Developments
• Speculative rezonings
The proposed map and local provisions were prepared based on Planning and Zoning Staff Member experience, consultation with the County’s pending master plan, the consultation with the County’s Environmental Advisory Committee, and considering the individual knowledge and experience of the Planning District 39 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 May 18, 2023, the Advisory Committee voted unanimously to recommend approval of a map and text amendments to the Baldwin County Planning Commission
On June 6, 2023, the Baldwin County Planning Commission held a public hearing regarding the proposed amendments to the Zoning Ordinances related to Planning District 39 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 39 and miscellaneous changes to the full Zoning Ordinance. In its discussion, the Planning Commission noted that it would defer to staff on a proposed resolution for a special zoning request related to the Highway 32 Business Park.
Staff recommends zoning the Highway 32 Business Park M-1 with a local provision limiting the landscape buffer requirements for the park.
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.
Previous Commission action/date:
March 21, 2023 - BCC Regular Meeting - Motion by Commissioner Matthew P. McKenzie, seconded by Commissioner James E. Ball, related to the Planning District 39 Advisory Committee (approved to be created by the Baldwin County Commission as a result of the Planning District 39 Zoning Referendum held on February 7, 2023), to appoint the following five Committee members with each member's term commencing March 21, 2023, and to expire upon the adoption of zoning ordinances and regulations for the district by the Baldwin County Commission:
• Mr. Danny Bolton
• Mr. Douglas C. Ward
• Mr. Frank L. Leatherbury
• Ms. Hayley Moore Gregorius
• Mr. Justin Palmer
March 7, 2023 - BCC Regular Meeting - Made the election results Decree from Baldwin County Judge of Probate regarding the Planning (Zoning) District 39 election held February 7, 2023, a part of the record.
November 16, 2022 - BCC Regular Meeting - Proposed Planning (Zoning) District 39 - Certification of Petition and Request for Zoning Election 23-0206 Pursuant to Alabama Code §45-2-261.07, took the following actions: 1) Adopted Resolution #2023-024 which certifies the accuracy of the petition for the Proposed Planning (Zoning) District 39; and 2) Instructed the Judge of Probate to provide a Zoning Election for Proposed Planning (Zoning) District 39, to be held no later than February 14, 2023.
August 2, 2022 - BCC Regular Meeting - Pursuant to Alabama Code §45-2-261.07, took the following actions: 1) Accepted the notice of intent to form a Planning (Zoning) District and request a referendum for Planning and Zoning purposes for the proposed Planning District to be known as Planning (Zoning) District 39; and 2) Made a determination that it is not feasible to utilize the Voting Precinct boundaries of precinct 43 as the proposed Planning (Zoning) District 39 boundary; and 3) Accepted the proposed Planning (Zoning) District 39 boundaries subject to a subsequent affirmative referendum vote pursuant to Alabama Code §45-2-261.07.
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 and Erin Fleming (MB 5/24/2023)
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 Administration Office and Planning and Zoning 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 39 Advisory Committee is thereby disbanded.
Mr. Danny Bolton
13750 Keller Road
Fairhope, Alabama 36532
Mr. Douglas C. Ward
16825 State Hwy 181
Fairhope, Alabama 36532
Mr. Frank L. Leatherbury
12725 River Creek Drive
Fairhope, Alabama 36532
Ms. Hayley Moore Gregorius
12255 Myrtle Street
Fairhope Alabama 36532
Mr. Justin Palmer
11752 Hons Drive
Fairhope, Alabama 36532
Administration Staff - Remove Committee from BC Board List as a temporary Committee appointed by BCC.
Additional instructions/notes: N/A