Meeting Type: BCC Regular Meeting
Meeting Date: 1/5/2021
Item Status: New
From: Celena Boykin, Senior Planner
Submitted by: Celena Boykin, Senior Planner
______________________________________________________________________
ITEM TITLE
Title
Planning (Zoning) District 11 - Rejection of Petition Requesting for an Election
Body
STAFF RECOMMENDATION
Recommendation
Adopt Resolution #2021-039, which rejects the petition for an election that was accepted by the Baldwin County Planning and Zoning Department staff on December 1, 2020, regarding Planning (Zoning) District 11 as said petition does not have the required and minimum amount of petitioners equaling ten percent of the qualified electors (registered voters) of Planning (Zoning) District 11 as required by Section 8 of Act No.91-719, as amended.
End
BACKGROUND INFORMATION
Previous Commission action/date: August 4, 2020
Background: The Planning and Zoning staff has recently had discussions with citizens residing in an area north of the Town of Magnolia Springs and north of Planning District 20, pertaining to the formation of a new Planning (Zoning) District and the request for a referendum for Planning and Zoning purposes. The area in question is in the southern portions Planning District 14 and Planning District 18. If approved, the new district would be known as Planning District 11. A map showing the boundaries of the proposed district is attached to this agenda item.
The steps for exercising Planning and Zoning authority are found at Title 45, Chapter 2, Article 26, Part 2, Subpart 1 of the Code of Alabama and are listed as follows:
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.
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 has received this information.
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 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.
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.
Based on information provided by the Probate Office and the Board of Registrars, 1951 qualified electors reside within the boundaries of Planning District 11. As a result, 195 signatures (ten percent of the qualified electors) were needed for the petition. Of the signatures submitted, 178 have been verified by the Probate Office. On this basis, the petition has failed to meet the required number of signatures to have a referendum at this time. However, the petitioners will have an additional 60 days in which to obtain signatures and have the petition certified.
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: Commission Administration Office
Action required (list contact persons/addresses if documents are to be mailed or emailed):
Notify Petitioners:
Kristin and Hadley Weaver
P.O. Box 278
Magnolia Springs, Alabama 36555
cc: Harry D’Olive
Violetta Smith
Celena Boykin
Wayne Dyess
Additional instructions/notes: N/A