Baldwin County, Alabama
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File #: 21-0702    Version: 1
Agenda section: Discussion Items Status: Agenda Ready
File created: 3/22/2021 Meeting type: Baldwin County Commission Work Session
On agenda: 4/6/2021 Final action:
Agenda item title: Town of Elberta - Termination of Planning Jurisdiction Agreement
Attachments: 1. Elberta ETJ Agreement, 2. Elberta ETJ Map
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Meeting Type:   BCC Regular Meeting

Meeting Date:  4/6/2021

Item Status:   New

From: Matthew Brown, Interim Planning and Zoning Director

Submitted by:  Matthew Brown, Interim Planning and Zoning Director

______________________________________________________________________

 

ITEM TITLE

Title

Town of Elberta - Termination of Planning Jurisdiction Agreement

Body

 

STAFF RECOMMENDATION

Recommendation

Discuss request from the Town of Elberta to terminate the Planning Jurisdiction Agreement between the Town of Elberta and the Baldwin County Commission and thereby withdraw the Town’s exercise of planning jurisdiction to exclusively within the Town’s corporate limits.

..End

 

BACKGROUND INFORMATION

 

Previous Commission action/date:  N/A

 

Background: 

In early February, a representative of the Town of Elberta initiated a meeting with Planning and Zoning staff to discuss the Town’s Extraterritorial Jurisdiction (ETJ) boundaries and the possibility of reducing or terminating the Elberta ETJ.

 

On February 17, 2021, Caryn Woerner contacted Planning and Zoning staff to notify them that Elberta Town Council had voted to “return the ETJ outside our corporate limits to the county in its entirety.”

 

The current agreement between the County and Town was established in 1992 (attached). Paragraph seven (7) of the agreement states:

 

This agreement shall become effective upon the last date signed below and shall continue in force and effect until such time as it is mutually abolished by the COMMISSION and the MUNICIPALITY, or determined by proper authority to be invalid or inconsistent with State law.

 

A color map of the current Elberta ETJ is attached.

 

According to data provided by the Town of Elberta, the Town’s Planning Commission has heard six (6) ETJ subdivision cases in the past twelve months. If the current agreement is rescinded, the Baldwin County Planning Commission will begin to hear these cases.

 

Currently, Baldwin County only performs an administrative review of ETJ subdivision cases.

 

 

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:  N/A - for discussion only.

 

Action required (list contact persons/addresses if documents are to be mailed or emailed):  N/A - for discussion only.

 

Additional instructions/notes:  N/A - for discussion only.