Meeting Type: BCC Regular Meeting
Meeting Date: 10/16/2018
Item Status: New
From: Ronald J. Cink, County Administrator and Linda Lee, Planner
Submitted by: Christel Carpenter, Administrative Support Specialist III
______________________________________________________________________
ITEM TITLE
Title
Baldwin County Commission District No. 4 Planning (Zoning) District Board of Adjustment (Greater South Baldwin County Area) - Board Appointments
Body
STAFF RECOMMENDATION
Recommendation
As relates to the Baldwin County Commission District No. 4 Planning (Zoning) District Board of Adjustment, take the following actions:
1) Reappoint Mr. Samuel Sterling Mitchell, III as a regular member (Planning District No. 20 Designee) for a three (3) year term, said term continuing from June 20, 2018, and expiring on June 20, 2021; and
2) Accept the resignation of Ms. Janet M. Lipscomb as a regular member (Planning District No. 21 Designee) and thank her for her prior civic service as a member of the board; and
3) Appoint Mr. James Koeppen as a regular member (Planning District No. 21 Designee) to the place seat formerly held by Ms. Janet M. Lipscomb for a pro-rata reduced three (3) year term, said term commencing on October 16, 2018, and expiring on February 17, 2021; and
4. Reappoint Mr. Stuart Paul Arnold as a regular member (Planning District 24 Designee) for a three (3) year term, said term continuing from June 20, 2018, and expiring on June 20, 2021; and
5. Reappoint Mr. Theron I.V. Mashburn as an alternate member (Planning District 24 Designee) for a three (3) year term to coincide with the term of Mr. Stuart Paul Arnold, said term continuing from June 20, 2018, and expiring on June 20, 2021.
End
BACKGROUND INFORMATION
Previous Commission action/date: N/A
Background:
PART I - GENERAL BACKGROUND - BOARD(S) OF ADJUSTMENT:
Section 45-2-261 through Section 45-2-261.28 of the Code of Alabama 1975 (Baldwin County's enabling planning and zoning local legislation), sets forth, among other numerous things, the background on, and authority of, Board(s) of Adjustment. The last amendments to the aforementioned law were adopted by the Alabama Legislature through Act No. 2010-719 during the 2010 Regular Session of the Alabama Legislature.
The appointment processes related to the Boards of Adjustment as set forth in the aforementioned Alabama law are as follows:
Establishment: "The Baldwin County Commission shall provide for the appointment of boards of adjustment ... [to,] ... in appropriate cases and subject to appropriate conditions and safeguards ... make special exceptions to the terms of the ordinances and regulations ..."
Number / Geographic Boundaries: "Four district boards of adjustment shall be appointed by the Baldwin County Commission with the same boundaries as the county commission districts as currently provided for by law ..."
Jurisdiction: "If a planning district is in more than one commission district, the board of adjustment for the planning district shall be the board of adjustment for the county commission district which contains the greatest part of the planning district."
Composition: "Each board of adjustment shall consist of not less than three and not more than the same number of regular members as the number of planning districts within the jurisdiction of a board of adjustment."
"The board of adjustment for each county commission district shall be composed of at least one member from each planning district and shall reflect as nearly as practical the diversity of land use in the commission district."
Qualifications: "Each member of a board of adjustment shall be a qualified elector of a planning district within the territory of the respective board of adjustment."
"Not more than one member of a board of adjustment shall be directly engaged in real estate sales, development, or construction or a directly related field."
Terms of Office: (Regular Members) "Each regular member shall be appointed for a term of three years in such manner to serve staggered terms. A regular member shall continue service until a successor is duly appointed."
(Alternate Members) "In addition to the regular members provided for in this section, one alternate member for each regular member shall be appointed to serve on each board of adjustment only in the absence of the regular member for the place for which he or she was appointed an alternate and while serving shall have and exercise authority of a regular member. The alternate member shall have the same qualifications as a regular member and shall serve for a term concurrent with the regular member for the district."
Removal: "Members of each board of adjustment may be removed for cause by the Baldwin County Commission upon written charges and after a public hearing."
Vacancies: "Vacancies shall be filled for the unexpired term of any member whose term becomes vacant."
Initial Appointment: "The initial appointment of members of boards of adjustment and the alternates provided by Act 2006-609 shall be from nominations by the boards of adjustment of the local planning districts on April 26, 2006."
This requirement only applies to the initial appointment of the boards of adjustment. After the terms expire, the Baldwin County Commission may appoint persons meeting the appropriate qualifications (Staff note).
PART II - BACKGROUND ON BALDWIN COUNTY COMMISSION DISTRICT NO. 4 PLANNING (ZONING) DISTRICTS BOARD OF ADJUSTMENT [GREATER SOUTH BALDWIN COUNTY AREA]:
This recommendation will formally continue the service of the "Baldwin County Commission District No. 4 Planning (Zoning) Districts Board of Adjustment" created by the local law on planning & zoning in Baldwin County.
The Jurisdiction of this board of adjustment includes the following Planning (Zoning) Districts: 20, 21, 22, 23, 24, 25, 27, 29, 30, 32 & 33. However, of this number of Planning (Zoning) Districts and at this time, only the following are active "zoned" Districts [which total ten (10) in number]: 20, 21, 22, 23, 24, 25, 29, 30, 32 & 33.
The Composition of this board of adjustment, as recommended by staff, shall be ten (10) Regular Members and ten (10) Alternate Members. The purpose in this number is that there are a total of ten (10) "zoned" Districts within the Jurisdiction of this board of adjustment. Each of the ten (10) Regular Members and each of the ten (10) Alternate Members will be representative of each of the ten (10) "zoned" Districts within the Jurisdiction of the board of adjustment and all twenty (20) Regular & Alternate Members shall be qualified electors.
Furthermore, while the board of adjustment will be composed of a total of twenty (20) Regular and Alternate Members, there shall be no more the one (1) member of this total number who is directly engaged in real estate sales, development, or construction or any directly related field.
The terms of office for each of the ten (10) Regular Members and ten (10) Alternate Members are required to be three (3) years each; however, the initial terms of office for some of the members were staggered to meet the intent of the requirement for staggered terms. All of the appointments to which this agenda item refers shall be for three (3) year terms of office each.
PART III - BACKGROUND ON PROPOSED APPOINTMENTS TO BALDWIN COUNTY COMMISSION DISTRICT NO. 4 PLANNING (ZONING) DISTRICTS BOARD OF ADJUSTMENT:
Staff has verified that the nominees are qualified electors (i.e. registered voters) within the territory of the respective board of adjustment through the Board of Registrar’s Office (verified by Linda Lee).
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: Administration
Action required (list contact persons/addresses if documents are to be mailed or emailed): Update Board List.
Thank you letter to:
Janet M. Lipscomb
15248 Bay Road
Foley, Alabama 36535
Appointment letters to:
Samuel Sterling Mitchell, III
Post Office Box 533
Magnolia Springs, Alabama 36555
James Koeppen
17158 Cold Mill Loop
Foley, Alabama 36535
Stuart Paul Arnold
30390 Ono Boulevard
Orange Beach, Alabama 36561
Theron I.V. Mashburn
30730 River Road
Orange Beach, Alabama 36561
CC: Vince Jackson
Linda Lee
Additional instructions/notes: N/A