Meeting Type: BCC Regular Meeting
Meeting Date: 8/4/2020
Item Status: New
From: Vince Jackson, Planning Director
Submitted by: Vince Jackson, Planning Director
______________________________________________________________________
ITEM TITLE
Title
*Proposed Planning (Zoning) District 19
Body
STAFF RECOMMENDATION
Recommendation
Approve the boundaries for the proposed Planning District to be known as Planning (Zoning) District 19.
End
BACKGROUND INFORMATION
Previous Commission action/date: July 7, 2020
Background: The Planning and Zoning staff has recently had discussions with citizens representing the Battles Road Preservation Group (BRPG), LLC, 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 south of the City of Fairhope and east of Planning District 26. In addition, the area is currently part of Planning District 17. If approved, the new district would be known as Planning District 19. 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.
At this point, the Planning staff respectfully requests the approval of the boundaries for Planning (Zoning) District 19, as shown on the attached map. If approved, staff will send the appropriate petition forms to the parties requesting the referendum.
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 letter informing the parties seeking a zoning referendum that Planning (Zoning) District 19 has been approved and is acceptable for planning, zoning and voting purposes. The letter should be sent to the following:
Tracy A. Frost, President
BRPG, LLC
P.O. Box 1241
Point Clear, Alabama 36564
Additional instructions/notes: Planning and Zoning Department - Send petition forms to the parties seeking the zoning referendum.