Baldwin County, Alabama
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File #: 20-1259    Version: 1
Agenda section: Action Items Status: Passed
File created: 6/24/2020 Meeting type: Baldwin County Commission Regular
On agenda: 7/7/2020 Final action: 7/7/2020
Agenda item title: Proposed Planning (Zoning) District 11
Attachments: 1. Proposed Planning District 11, 2. Code of Alabama - Procedure for Exercising Planning and Zoning Authority

Meeting Type:   BCC Regular Meeting

Meeting Date:  7/7/2020

Item Status:   New

From: Vince Jackson, Planning Director

Submitted by:  Vince Jackson, Planning Director

______________________________________________________________________

 

ITEM TITLE

Title

Proposed Planning (Zoning) District 11

Body

 

STAFF RECOMMENDATION

Recommendation

Accept 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 11.

End

 

BACKGROUND INFORMATION

 

Previous Commission action/date:  N/A

 

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 located in 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 will notify the Judge of Probate.

 

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.

 

Submission of a letter, as described in item 1, represents the first step in this process. The letter in question is forthcoming and will be provided to the Commission office upon receipt. Planning and Zoning staff will submit a follow up agenda item for the August 4, 2020, County Commission meeting requesting approval of the proposed Planning District.

 

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:  August 4, 2020

 

Individual(s) responsible for follow up:  Planning and Zoning Department

 

Action required (list contact persons/addresses if documents are to be mailed or emailed): Planning and Zoning staff will contact the Judge of Probate in order to ascertain the preliminary number of signatures to call an election.  Staff will prepare and submit a follow up agenda item requesting approval of the proposed Planning District for the August 4, 2020, County Commission meeting.

 

Additional instructions/notes:  N/A