Baldwin County, Alabama
File #: 19-1481    Version: 1
Agenda section: Public Hearings Status: Agenda Ready
File created: 6/12/2019 Meeting type: Baldwin County Commission Regular
On agenda: 6/18/2019 Final action:
Agenda item title: Case No. Z-19016 - Fountain 38 LLC, Property - Rezoning Request
Attachments: 1. Z-19016 Fountain 38 LLC, Property CC Staff Report, 2019-06-18.pdf, 2. Z-19016 Planning Commission Minutes.pdf, 3. Z-190016 Fountain 38 LLC VOTING SHEET.pdf, 4. Resolution Number 2019-086.pdf, 5. Z-19016 PC Proof of Publication.pdf, 6. Z-19016 CC Proof of Publication.pdf
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Meeting Type:   BCC Regular Meeting

Meeting Date:  6/18/2019

Item Status:   New

From: Linda Lee, Planner

Submitted by:  Linda Lee, Planner

______________________________________________________________________

 

ITEM TITLE

Title

Case No. Z-19016 - Fountain 38 LLC, Property - Rezoning Request

Body

 

STAFF RECOMMENDATION

Recommendation

Accept the request of the applicant to withdraw Case Z-19016.

End

 

BACKGROUND INFORMATION

 

Previous Commission action/date:  No

 

Background:  The subject request involves one parcel which consist of approximately 22.9 acres.  The current zoning is RSF-1, Single Family District, and the requested zoning is RSF-4, Single Family District for the purpose of establishing a residential subdivision with a density of 3.5 lots per acre and a total of 78 lots.

The subject property was originally zoned RA, Rural Agricultural District.  The owners requested an automatic rezoning to RSF-1 to allow for the single-family subdivision containing seven, two acre lots along Breman Road.

The Baldwin County Planning Commission considered this request at its May 2, 2019, meeting and voted to recommend DENIAL to the County Commission.  Staff concurs with that recommendation.

The applicant officially withdrew this rezoning request on June 11, 2019.  According to the Zoning Ordinance, an application for rezoning may be withdrawn at least seven (7) days prior to the scheduled public hearing.  In the case at hand, the request to withdraw is automatic.  However, the public hearing scheduled for June 18, 2019, has already been advertised and must therefore be opened.  As a result, staff recommends that the applicant’s request to withdraw Case Z-19016 be accepted.

 

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): Send Notice of Action to the Following:

 

Lydia Franz

1343 W Fairway Drive

Gulf Shores, AL  36542

 

Fountain 38 LLC

PO Box 429

Pass Christian, MS  39571

 

Additional instructions/notes:  N/A